Loading...
Agenda 05/08/2001 R COLUER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA May 8, 2001 9:00 a.m. NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. COLLIER COUNTY ORDINANCE NO. 99-22 REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS". ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (5) MINUTES UNLESS PERMISSION FOR ADDITIONAL TIME IS GRANTED BY THE CHAIRMAN. IF YOU ARE A PERSONWITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (941) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1 May 8, 2001 INVOCATION -- Reverend Paul Jarrett, Naples Church of Christ PLEDGE OF ALLEGIANCE APPROVAL OF AGENDAS A. APPROVAL OF CONSENT AGENDA. B. APPROVAL OF SUMMARY AGENDA. C. APPROVAL OF REGULAR AGENDA. APPROVAL OF MINUTES 1) April 10, 2001 - Regular Meeting 2) April 11, 2001 - Joint Workshop 3) April 12, 2001 - BCC/Development Review Workshop 4) April 17, 2001 - BCC/Natural Resources Workshop PROCLAMATIONS AND SERVICE AWARDS A. PROCLAMATIONS 1) Proclamation proclaiming May 6-12, 2001 as Rotary International Group Study Exchange Week. To be accepted by Jayme Baleeiro, Teem Leader, Rotary District 4550 GSE Team. 2) Proclamation proclaiming May 6-12, 2001 as Be Kind to Animals Week. To be accepted by Ms. Jocli Walters and Mr. Terry Tilley. 3) Proclamation proclaiming May 19-25, 2001 as National Safe Boating Week. To be accepted by Commander Lane. 4) Proclamation proclaiming May 2001 be designated as Worthy Wage Month in Collier County. To be accepted by Mrs. Patti Young and Mrs. Myra Shapiro. 5) Proclamation proclaiming May 13-16, 2001 as Law Enforcement Appreciation Week. To be accepted by Sheriff Donald Hunter. 6) Proclamation proclaiming May 6 -12, 2001 as Collier CoUnty Tourism Week. To be accepted by Kathleen Prutos, President, Tourism Alliance of Collier County. 2 May 8, 2001 SERVICE AWARDS Five Year Attendees: 1) Robert Rudker, Parks and Recreation 2) Darrel Rister, Water Distribution Ten Year Attendees: 1) Debbi Mm(on, Social Services 2) Kenneth Thatcher, Wsstewster 3) Thomas Stiers, Wastewater Collections 4) Arthur Tucker, Pollution Control 5) Irving Berzon, Pollution Control Fifteen Year Attendees: 1) Richard D'Orazio, EMS Twenty Year Attendees: 1) Martha Ginter, EMS . 2)Marquita King, Transportation Twenty-Five Year Attendees: 1)Linde Denning, University Extension Services C. PRESENTATIONS APPROVAL OF CLERK'S REPORT A. ANALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES. PUBLIC PETITIONS A. Request from Pastor Ken Chickk of Tree of Life Church for Public Petition regarding a request to extend the hours at Sugden Park to 10:00 p.m. COUNTY MANAGER'S REPORT A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Approve a Resolution adopting the County's FY2001-2005 Consolidated Plan and One Year Action Plan es required by the U.S. Department of Housing and Urban Development (HUD) for the Community Development 3 May 8, 2001 Block Grant (CDBG) Program, and authorize the Housing and Urban Improvement (HUI) Department to hire four additional staff members to Implement and administer the program. B. TRANSPORTATION SERVICES C. PUBLIC UTILITIES 1) Adopt a Resolution authorizing the acquisition by gift or purchase of perpetual, non-exclusive utility easements for the construction of improvements to the South County Regional Water Treatment Plan (Project 70054). 2) Adopt a Resolution authorizing the acquisition of condemnation of perpetual, non-exclusive utility easements and temporary access and construction easements for the construction of improvements to the South County Regional Water Treatment Plant (Project No. 70054). D. PUBLIC SERVICES 1) This item continued from the April 24~ 2001 BCC Meetin;3. Status report regarding acquisition options for property located in the Barefoot Beach Park Preserve. E. SUPPORT SERVICES 1) Board of County Commissioners' consideration of newspaper advertisement of the Board's Agenda Index. F. EMERGENCY SERVICES G. COUNTY MANAGER H. AIRPORT AUTHORITY COUNTY ATTORNEY'S REPORT BOARD OF COUNTY COMMISSIONERS Reconsideration of a~lenda item 9(B) of the BCC March 27~ 2001 Public Meetin;. Request for Board direction regarding Section 163.3215, FLA. Stat., verified complaint from Vanderbilt Shores Condominium Association, Inc., Vanderbilt Club Condominium Association, Inc., The Mansions Condominium Association, Inc., Gulf Cove Condominium Association, Inc., end Vanderbilt Beach and Bay Association, Inc., challenging the County's approval of SDP- 2000-108 for the Vanderbilt Beachcomber Resort as Inconsistent with the County's Comprehensive Plan. (Request that this item be continued to the May 22, 2001 BCC Meeting per Commissioner Carter.) Request to initiate discussion with the Collier County Public School Board and Naples Community Hospital regarding the School Nursing Program. (Commissioner Coletts) 4 May 8, 2001 C. Time Certain Item - To Be Heard at 10:00 A.M. Character First Presentation (Commissioner Mac'Kie) 11. OTHER ITEMS A. OTHER CONSTiTUTiONAL OFFICERS B. COMMUNITY REDEVELOPMENT AGENCY C. PUBLIC COMMENT ON GENERAL TOPICS PUBLIC HEARINGS WILL BE HEARD IMMEDIATELY FOLLOWING STAFF ITEMS 12. ADVERTISED PUBLIC HEARINGS- BCC A. COMPREHENSIVE PLAN AMENDMENTS B. ZONING AMENDMENTS C. OTHER 1) Consideration of an Ordinance relating to an additional one-half percent local government infrastructure discretionary sales surtax to fund road projects. 2) An Ordinance amending Collier County Ordinance No. 93-48 also cited as Code of Laws and Ordinances Section 126-28, pursuant to Section 336.025, Florida Statutes, providing for the extension for twenty years of the five cents of additional local option gas tax upon every gallon of motor fuel sold in Collier County and taxed under provisions of Part I of Chapter 206, Florida Statutes; amending Section 126-28: (b) Findings and Purpose, (c) Levy of Tax, (d) Providing Effective Date of Extension of the Imposition of Tax, (e) (1) and (2) Use of Revenues and Providing for Collection and Distribution of Tax; Providing for Conflict and Severability; Providing for Inclusion in the Code of Laws and Ordinances; and Providing an Effective Date. 13. BOARD OF ZONING APPEALS 14. 15. A. ADVERTISED PUBLIC HEARINGS B. OTHER STAFF'S COMMUNICATiONS BOARD OF COUNTY COMMISSIONERS' COMMUNICATIONS 5 May 8, 2001 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) 2001 Interlocal Tourism Agreement between Collier County and the City of Naples regarding the Fourth of July Festival. 2) Request to grant final acceptance of the roadway, drainage, water and sewer Improvements for the final plat of "Villas at Greenwood Lake". 3) Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of "Fiddler's Creek Phase 1 B, Unit 4) 5) 6) Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of "Fldcller's Creel( Pepper Tree Village and Bent Creek Village". Final acceptance of water utility facilities servicing Cypress Woods fire hydrant. Request to grant final acceptance of the roadway, drainage, water and sewer Improvements for the final plat of "Grey Oaks Unit Eight". Authorize staff to produce a Boater's Guide and to seek additional funding sources through grants and partnerships. B. TRANSPORTATION SERVICES 1) Approve a developer contribution agreement with PR VI, LLC, an Indiana Limited Uability Company, ("Developer") for the improvements of Tarpon Bay Boulevard and 20th Avenue NW. 2) 3) This item has been deleted. Request for speed limit reduction from forty-five miles per hour (45 MPH) to thirty-five miles per hour (35 MPH), except where currently posted at thirty miles per hour (30 MPH), on Vanderbilt Drive from 111~ Avenue/Bluebill Avenue to Wiggins Pass Road. 4) 5) This item has been deleted. Recommendation that the Board of County Commissioners approve the mediated settlement agreement and a stipulated final judgment to be drafted incorporating the same terms and conditions as the mediated settlement agreement relative to the fee simple acquisition of Parcel 2-T in the Lawsuit entitled Collier County v. John B. Fassett, Trustee, et al, Case No. 99-3040 (Livingston Road 4-1aning project, Project No. 65041). 6 May 8, 2001 6) 7) 8) 9) 10) 11) 12) 13) 14) 15) 16) A Resolution of the Collier County Board of County Commissioners authorizing the filing of the Trip and Equipment Grant application with the Florida Commlesion for the Transportation Disadvantaged (CTD). Authorize the making of an offer of judgment to defendant, James A. Brown, Jr., for Parcel Nos. 135/40, 135/40.1, 136/41 and 136/41.1 in the amount of $500.00 in the Lawsuit styled Collier County v. Timothy Maloney, et el, Case No. 92-1508-CA. Approve Change Order No. I to Work Order No. WD-08 with Kyle Construction, Inc. for SR-29 Canal Culvert Upgrade (Project No. 31701). Approve'Work Order No. WD-017 with Florida State Underground, Inc., for the repair of dual 48" culverts under Lakewood Blvd., near the Intersection of Boca Clega Drive, Project No. 60055. Adopt a Resolution to correct a Scrivener's Error in Resolution No. 2001- 46, which authorized the condemnation of right-of-way for Livingston Road from Golden Gate Parkway to Pine Ridge Road (C.I.E. No. 52). Award Contracts ~O1-3184 "CEI Services" for Collier County Road Projects to Nine Firms. Approve Work Order No. WD-018 with Kyle Construction for the replacement of a 36" storm water culvert on San Marco Road (C.R. 92), Project No. 60059. Approve Work Order No. WD-019 with Kyle Construction for the replacement of "Triple 36" and dual 48 storm water culverts under Burning Tree Drive, Project No. 60046. Award a Professional Engineering Services Contract ~t)1-3195 to CH2MHILL, Inc. for the design and permitting of Vanderbilt Beach Road, Collier County Project No. 63051, CIE No. 24. Approval of a Budget Amendment for landscape services and median beautification projects. Approve the-stipulated final judgment relative to the easement acquisition of Parcel 31 lB in the Lawsuit entitled Collier County v. Edith Baloras, et al, (Golden Gate Boulevard, Project No. 63041). 17) Approve Petition TM 01-01 for the Neighborhood Traffic Management Program Project (NTMP) on 32"d Avenue SW between 54= Lane SW and 44~h Street SW. C. PUBLIC UTILITIES 1) Approve Work Order for underground utility contracting esrvioes for the North County Water Reclamation Facility Septage Receiving Station, Project 73067. 7 May 8, 2001 2) Approve the stipulated final judgment relative to the condemnation of Parcel Nos. 910 and 911 in the Lawsuit styled Collier County v. William Kinsley, et al, Case No. 96-1315-CA. 3) Approve Work Order GH-FT-01-1 with Greeley and Hansen, LLP, to update the Water and Wastawater Master Plans, Projects 70070 and 73066. 4) Acceptance of conveyance documents for sewer utility pump stations and force mains acceptance within Wing South AJrpark Subdivision. 5) Waive purchasing policy and amend Emergency Professional Services Agreement for Engineering Services to expand the North County Water Reclamation Facility to 30.6-MGD MMADF, Project 73950. 6) Amend professional services agreement with Hole Montes for engineering services related to flow equalization tank(s) at the South County Water Reclamation Facility, RFP 93-2121, Project 73949. 7) 8) 9) 10) Amend professional services agreement Water Reclamation Facility Expansion, equalization tank(s), Project 73077. related to the North County Contract 96-2474, for flow Acceptance of conveyance documents for sewer utility facilities within the Eagle Creek Subdivision. Award contract to construct South County Regional Water Treatment 8- MGD Reverse Osmosis Expansion, Bid 01-3194, Project 70054. Award a contract to Gulf States Inc. to Construct the Vineyards muse water automation project, Bid No. 01-3211, Project 74015. 11) 12) Authorize the Chairman of the Board of County Commissioners to execute three sovereign submerged lands easements for the Collier Bay entrance channel dredging and Hideaway Beach temporary t-groin construction projects. Authorize the Chairma~t to sign the agreement to update the maps of the well field protection zones of the County's Ground Water Protection Ordinance. - 13) Approve purchase of aluminum sulphate based on quotations in excess of the $25,000.00 competitive threshold. 14) 15) Waive formal competition and approve the purchase of an Aquatech Mobile Catch and High Velocity Combination Sewer Cleaner. Board approval of budget amendment recognizing positive carry forward variance in the Pollution Control Fund (114). 16) Award a contract to Montgomery Watson Americas Inc. for construction management-at-risk services to construct the South County Water Reclamation Facility Expansion, RFP 00-3171, Project 73949. D. PUBLIC SERVICES 8 May 8, 2001 1) 2) 3) Authorize the Parks and Recreation Department to operate an additional summer camp site at Corkscrew Elementary School. Award of Bid #01-3229 to G.A. Foods to prepare the food for the Summer Food Service Grant Program while summer school is not in session. Authorization to provide local matching funds from the Community Foundation of Collier County for the State of Florida's School Age Child Care Investment Program Grant. E. SUPPORT SERVICES 1) Recommendation to Award Bid No. 01-3207, Safety Equipment and Supplies. 2) Approval to Award Bid #00-3161 to Massey Services Inc. as primary provider end Ecolab as secondary provider for annual pest control services. 3) Recommendation that the Board of County Commissioners convey essementa to Florida Power and Light Company and Sprint-Florida, Inc. 4) Approve request for additional staff for the Department of Public Information and associated budget amendments. F. EMERGENCY SERVICES 1) Approval of a lease agreement between Collier County and Omnipoint Holdings Inc. for placement of a Communications Tower upon County- Owned Property. 2) Approve proposed pay adjustments for EMS Command Staff. G. COUNTY MANAGER 1) Authorize the County Attorney to Amend the Quorum and Membership Requirements of the Productivity Committee. AIRPORT AUTHORITY BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE Satisfaction of Lien: NEED MOTION authorizing the Chairman to sign Satisfaction of Uen for Services of the Public Defender for Case Nos.: 90- 1504-1T; 92-2389-MI; 92-2696-MI; 90-4388-TM; 90-4389-TM; 00-4229-MMA; 96-559-CFA; 97-1437-CFA and 96-5967-MMA RECOMMEND APPROVAL. 2) Miscellaneous Items to file for record with action as directed. K. OTHER CONSTITUTIONAL OFFICERS 9 May 8, 2001 1) Recommendation to approve a Resolution between the Board of County Commissioners and Sprint Telephone Company of Florida. L. COUNTY ATTORNEY 17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRII'I'EN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. This item requires that all participants be sworn in and ex parte disclosure be provided by commission members. Petition AVESMT 2001-AR424 to disclaim, renounce and vacate the County's and the Public's Interest in the 15' wide drainage easement located along the lot line common to Lots 5 and 6, according to the plat of "Willow Park" as recorded in Plat Book 31, Pages 73 through 74, Public Records of Collier County, Florida, located in Section 1, Township 49 South, Range 25 East. Ce This item was continued from the April 24~ 2001 BCC Meeting. This item requires that all participants be sworn in and ex parte disclosure be provide~] by commission members. Petition PUD-97-13 (1), Mr. William Hoover ana Andrew I. Soils, representing the Centre at Veterans Park, LLC, requesting an amendment to the Veterans Park Center PUD having the effect of removing Tract "A" and reducing the project acreage from 8.76 acres to 6.94 acres for property located on the South side of Immokalee Road (C.R. 846) and approximately 258 feet West of Veterans Community Park Drive in Section 26, Township 48 South, Range 25 East, Collier County, Florida (Companion Item PUD-96-1 (2)). This item was continued from the April 24, 2001 BCC Meetin;i. This item requires that all participants be sworn in and ex parts disclosure be provided bY commission members. Petition PUD-96-1 (2), Mr. William Hoover and Andrew I. Soils, representing the Centre at Veterans Park, LLC, requesting an amendment to the Veterans Park Medical PUD having the effect of changing the PUD name to Veterans Park Commons PUD, increasing the project acreage to 5.02 acres and eliminating the limits on the amount of general office uses for property located on the Southwest corner of Immokalee Road (C.R. 846) and Veterans Community Park Drive in Section 26, Township 48 South, Range 25 East, Collier County, Florida (Companion Item PUD-97-13 (1)). An Ordinance amending Ordinance No. 87-100, as amended, which created the Lely Golf Estates Beautification Municipal Service Taxing Unit; amending Sections One and Four to increase the millage from one and one-half to two mils; providing for conflict and esverability; providing for inclusion in the Collier County Codes of Laws and Ordinances; providing for an effective date. E. This item has been deleted. 10 May 8, 2001 Fo This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition No. HD-2001-AR-404, Ron Jamro, Collier County Museum Director, requesting the Board of County Commissioners to officially designate Tract "D" of Roberts Ranch as a historically significant site for property located on the South side of Roberts Ranch and within the R. Roberts Estate PUD, in Section 4, Township 47 South, Range 29 East, Collier County, Immokales, Florida, consisting of approximately 8.8 acres. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. 11 May 8, 2001 AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING May 8, 2001 CONTINUE TO MAY 22 MEETING: acquisition options for property Preserve. (Staff request.) Item 8(D) 1: Status report regarding located in the Barefoot Beach Park REPLACEMENT BACKUP: Item 16(B)1: Approve a Developer Contribution Agreement with RE VI, LLC, an Indiana limited liability company, ("Developer") for the improvements of Tarpon Bay Boulevard and 20th Avenue NW.) DELETE: Item 16(B)9: Approve Work Order No. WD-017 with Florida State Underground, Inc., for the repair of dual 48" culverts under Lakewood Boulevard near the intersection of Boca Ciega Drive, Project No. 60055. (Staff request.) DELETE: Item 16(C)2; Approve the stipulated final judgment relative to the condemnation of parcel Nos. 910 and 911 in the lawsuit styled Collier County v. William Kinsley, et al., Case No. 96-1315-CA. (Staff request.) MOVE: Item 16(C)12: to 8(C)3: Authorize the Chairman to sign the agreement to update the maps of the well field protection zones of the County's Ground Water Protection Ordinance. (Commissioner Coletta request.) DELETE: Item 16(F)2: Approve proposed pay adjustments for EMS Command Staff. (Staff request.) ADD: Item 16(F)3: Approval of the selection of Emergency Response Planning and Management, Inc., to develop a terrorism response annex to the Comprehensive Emergency Management Plan. (Staff request.) ADD: Item 16(L)1: Approve the Mediated Settlement Agreement and Stipulated Final Judgment to be drafted incorporating the same terms and conditions as the Mediated Settlement Agreement relative to the acquisition on Parcel 145 in the lawsuit entitled Collier County v. Owen M. Ward, Trustee, et al., Case No. 99-1291-CA, Project No. 65031 (Radio Road, Santa Barbara Boulevard to Davis Boulevard. (Staff request.) PRO,LA,IfA TXON WHEREAS, WHEREAS, ~VI4EREA$, ~e welcome the Rotary _rnternational (~rou~ Study Exchantje Team fr~m Rotary .rnternationol D/strict 4~0. ttratil to Coil/er County, Florida; and, the Rotor), Foundation of Rotary %nternational ~roup Study Exchamje Program has sent to us a team of f/~e Team 4~embers includintj the Rotarian Team Leader who ar~ ~sitin$t Collier County to study our in~t/tution~ and way of life; and, the team members will a/so observe the ff~ct/ce of their own profess/on~ and exchange ideas; they and 9ivan ,/-~ WH~EA$, NOW of DONE AND ORDERED A(3END~rTf M No. ~_,~ ~ HAY - 8 ; 001 PROCLAAqA T£ON V/HE~EA$, we have been endowed nat onl), with the blessings and benefits of our an/ma/friends, who give us companionship and ~reat pleasure in our da/I), lives, but also with a firm respons/b#ify ~o protect these fellow creatures, w/th whom we share the Ear?h, from need, pa/n, fear, and su£fer/ng; and, ~e recognize that in~tilli~ a~ffudes of kindness, coo~/deroffon, and respect for all I/vim3 things through humane educaffon in the schools and the communffy helps ~o provide the basic values on which a humane and civ£//zed society is built; and, 141HEREA$, the people in this communHy are deep/)' indebted to the Humane ~ocie~y of Collier Counly and Collier County &omesffc An/ma/ ~erv~ces ~r~en~ ~or their invaluable con~/buffon in car/~ for lost and unwanted anima/~ and ~moff~ a ~e work/~ spirit o~ kindness and co~/deraffon for animals in the m/~s and hearts of ail ~ople; and, ~VHEREA$. the first full week of Aqa), has been set as the annual celebraffon of the naffonal week observing the philosoph), of kindness to animals for the 86~ )'ear. NOW THEREFORE, be it proc/aimed b), the Board of Countg~ Commissioners of Coif/er County, F/or/da, that the week of A~a), 6 - 12, EO01 be designated as BE KXND TO ANItAAL$ 14tEEK and do heart/I), commend to ali our dffzens a full partic/paffon in ali the events related thereto in this communffy. DONE AND ORDERED TH_rS 8th Day of Afay, ~00,I BOARD OF COUNTY COtttM4X$$.TONER$ COLLXER COUNTY, FLOR_fDA ATTEST': OW. TGI-fi' E. BROCK, CLERK ,TAtHE$ O. CARTER, Ph. D, CHAIRA4AN AGENDA ITEM No. MAY - 8 2.001 Pg.. PRO,LAMA TION WHEREAS. WHEREAS, WHEREAS, ~ /dee/ woy ~ ~/ox w/t~ t&e/r fomil/es ond f~s; ~ow~r, w~ot s~ts ~ os ~ pleosont c~/se often e~s i~ ~dy core ond the bo~ff~j; end, f~e the need for hos, ~une 1 NOW week of ~001 be DONE AND - COLliER ?LORXDA O. CARTER, Ph. D., AGENDA ITEM No. ~-- ~ ':~,, ,...) MAY - 8 2001 Pg'" WHEREAS, PROC~.Ah~A TION T~e N~ples AllJa~e F~" ChJld~n a~d other omj~nizatlo~ nation wide are reco~zin~ 44ay, ~00I, as Worthy Wa~ &loath: and, of the 2l million children under 6/n America, ~t$ m/Ilion are in child care at least part time. An a~/tiona/ ~4 m/Ilion school-a~e children are in ~ome £orm atr ch/Id core outs/de of school time: air the 16, 000 children unEer 6 in Collier County, §, 603 are in ch/Id care at least part time. An addiHonal $, 09§ $chool-a~e children are in some Iro~7~ Of ch/Id care otlts/de of school f/me; by calling attention to the importance of high quality child care service Iror all children am~ Iramilies within Collier County, Florida, Naples Ali/once £or Children hopes to/mpreve the quality and ava/lability o£ ~uch our NOW childhoo~ experiences ch~Id care services Irutures. Iror DONE AND ORD~ED ATTEST: BOARD OF COUNTY P~O~LAAfA TXON I~VHEREA$, the problems of crime touch all ~egments of our society and can undermine and erode the moral and economic strengths of our communities; and, HIHEREA$, we are forl~mate that/aw enforcement officers from ali area agencies dedicate themselves to preserviog law and order and the pabl/c's safety; and, I~VHEREA$, we recognixe that the men and women in law enforcement risk their/ives on a daffy basis to protect our citizens and maintain social order; and, we encourage ali citixen~ to pause to recognize our law enforcement officer so that we ma), not take their work for 9ranted. NOW 7'HE~EFORE, be DONE AND ali of County take great their that A TTEST~ ,TAt~E$ D. CARTER, Ph. D. CHA_rR&4AN AGENDA ITEM HAY - 8 2001 Pg.~ / I~'klEREA$, I~HEREA$, PROCLAA~A TION t~e trawl ond tourism industry supports the v/roi intemsts of Collier County, contri6utin9 to our employment, economic p~osp~rity, p~ce, understanding ond good~ill: ~nd, tr~vel ond tourism ronks os one o£ Collier County industries in t~rms of r~v~nu~s g~n~roted: ond trawl ~nd tourism I~ovides emplo~ent £or mo~ p~ople thon ony other indust~ nnd, 9iven these laudable contributions to the economic, social and cultural well being of the citizens o£ Collier County, it is ~'tting that we ~ecogn/ze the importance o£ t~ave/ and tour/sm. NOW THEREFORE, be it Collier be County Commissioners of DONE AND ATTE$T: - / D, CI4A~RMAN DFV£Gt../T E. BROCK, CLERK AGENDA ITEM No. ~/~ L4,.) FlAY - 8 2001 Pg. / - COLLIER COUNTY MANAGER'S OFFICE May 1, 2001 Pastor Ken Chickk Tree of Life Church 2132 Shadowlawn Drive Naples, FL 34112 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8383 FAX (941) 774-4010 Re: Request for Public Petition Regarding a Request to Extend the Hours at Sugden Park to 10:00 p.m. Dear Pastor Chickk: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of May 8, 2001, regarding the above referenced subject. Your petition to the Board of County Commissioners will be limited to ten minutes. Please be advised that the Board will take no action on your petition at this meeting. However, your petition may be placed on a future agenda for consideration at the Board's discretion. Therefore, your petition to the Board should be to advise them of your concern and the need for action by the Board at a future meeting. The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the VV. Harmon Turner Building (Building "F") of the government complex. Please arrange to be present at this meeting and to respond to inquiries by Board members. If you require any further information or assistance, please do not hesitate to contact this office. Sincerely, County Manager TVVO:jeb cc: County Attorney Leo Ochs, Public Services Administrator l "' AGENDA ITEM MAY - ~ 2001 RECEIVED COUNTY AD~iNISTRA?0R~: ACTION FILE_ Thomas Olliff County Manager 3301 Tamiami Tr. Naples, FL 34112 Dear Mr. Olliff, I'm writing to ask your permission to speak before the county commis- sioners at the next board meeting on 3/08/01. This is regarding our re- quest to extend the hours at Sugden Park to 10:00 PM on the nights following the Gulf Coast Skimmers Water Ski Show. The purpose of the extended hours would be to start a youth mentoring program to en- hance the lives of children in our community. We feel as midnight basketball has benefited the Golden Gate community, our program would be a great benefit to the East Naples area. Sincerely, Ken Chickk Youth Pastor Tree of Life Church AGENDA ITEM t(AY - ~ 2001 pg. C~ E-mail treeof~i~ech urch~angelfim,cam EXECUTIVE SUMMARY APPROVE A RESOLUTION ADOPTING THE COUNTY'S FY 2001-2005 CONSOLIDATED PLAN AND ONE YEAR ACTION PLAN AS REQUIRED BY THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM, AND AUTHORIZE THE HOUSING AND URBAN IMPROVEMENT (HUI) DEPARTMENT TO HIRE FOUR ADDITIONAL STAFF MEMBERS TO IMPLEMENT AND ADMINISTER THE PROGRAM. OBJECTIVE: To have the Board of County Commissioners approve a Resolution adopting the County's FY 2001-2005 Consolidated Plan and One Year Action Plan as required by the U.S. Department of Housing and Urban Development (HUD) for the Community Development Block Grant (CDBG) Program, and authorize the Housing and Urban Improvement (HUI) Department to hire four additional staff members to implement and administer the program. Salaries and benefits would be paid entirely with CDBG funds and would not utilize ad valorem tax dollars. CONSIDERATION: On September 26, 2000, the Board approved submission of an application to HUD for Urban County qualification for participation in the Community Development Block Grant (CDBG) program for fiscal years 2001-2003 (#2000-339). Part of that process is the submission of a Consolidated Plan, a three- to five-year strategic plan encompassing community development and housing assistance goals to be addressed through HUD's annual CDBG grants of approximately $2.087 million. Included in the Consolidated Plan is a One Year Action Plan, outlining our first year expenditures. The enclosed Consolidated Plan was formulated to conform to HUD guidelines with the assistance of Florida Planning Group, Inc., a consulting firm. It outlines the participation of citizen groups and social service agencies, the overall priorities as determined from citizen input, the specific activities proposed for the first year of CDBG funding, as well as general information, housing needs and market analysis, homeless needs and other relevant data, as required by HUD regulations. On April 26, 2001 the Citizens Advisory Task Force (CATF) met and recommended that the projects proposed in the One Year Action Plan be approved. These include redistribution of funds for one project which originally did not qualify for CDBG funding the project has been revised to comply with CDBG guidelines. The CDBG program is complicated with detailed procedures for evaluation and oversight. For this reason, HUD allows recipients to utilize up to 20% of the annual funding for administration and planning purposes. Staff has identified the need for the following additional positions: HUI Manager (3) - grade 114 - $36,033-$57,653 Planning Technician II - grade 13 - $24,742 - $39,587 FISCAL IMPACT: The total amount anticipated to be funded annually by HUD is $2.087 million. Of that, 20% (or $417,400) is allowed for Administration and Planning purposes. The CDBG staff and operational costs will be paid entirely with these funds. Also, expenses incurred to date to prepare the AGENDA ITEM Consolidated Plan will be paid from CDBG funds. MAY 0 8 2001 GROWTH MANAGEMENT IMPACT: This is a required step towards receiving Community Development Block Grant funds from HUD which can affect several polic, ies and objectives of the Growth Management Plan, including the Housing, Immokalee Area Master Plan, Golden Gate Area Master Plan and Transportation Elements. RECOMMENDATION: That the Board of County Commissioners approve a Resolution adopting the County's FY 2001-2005 Consolidated Plan and One Year Action Plan as required by the U.S. Department of Housing and Urban Development (HUD) for the Community Development Block Grant (CDBG) Program, and authorize the HUI Department to hire four additional staff members to implement and administer the Pr°~c~m' SUBMITTED BY: ~ t,__, ,~a/_.~_~.,,_j Date: 4~,~-~ ,'~ / / - Susan E. Alden, Manager t Housing and Urban Improvement REVIEWED BY: APPROVED BY: - - Gre/g/lv~ali~, Director t,, I-IJ6using and Urban/Improvement ~lt, ~ ~ Date: [Jc~l;m MfD~uck III, Interim Administrator ~ Commmty Development ~d Enviromental Se~ices AGENDA ITEM No. MAY 0 8 ZOO1 CONSOLIDATED PLAN SUMMARY BACKGROUND In 2001, Collier County, along with its participating cities of Naples and Marco Island, became eligible to directly receive federal funds on an annual basis through the Community Development Block Grant (CDBG) program. This program is administered by the Department of Housing and Urban Development (HUD). The goal of the Community Development Block Grant program is to develop viable urban communities by assisting low/moderate income households* through physical development programs to: · provide decent housing; · provide a suitable living environment; and · expand economic opportunities. The Consolidated Plan concept was developed by HUD to incorporate the requirements for three separate entitlement programs: CDBG, the HOME housing program, and the Emergency Shelter Grant (ESG) program. Collier County does not currently have the required population to qualify for the HOME or ESG programs. LEAD AGENCY The Collier County Department of Housing and Urban Improvement was the lead agency in the preparation of this Consolidated Plan. This office operates and administers the County's Community Development Block Grant and Affordable Housing (SHIP) programs. PLAN DEVELOPMENT PROCESS This plan has drawn from a number of plans and documents. These include: the Housing Element of the County's Growth Management Plan, the Housing Assistance Plan for the State Housing Initiatives Partnership (SHIP) program, the Immokalee Area Master Plan, the City of Naples Consolidated Plan, the Collier County Health Care Review's Final Report, the County's Consortium of Care, information provided by HUD, the 1990 Census of Population and Housing, the 2000 Census of Population, the State's Bureau of Economic and Business Research, and data purchased from Claritas Inc., the nation's largest demographic service provider. AGENDA ITEM No, MAY 0 8 2001 * HUD defines moderate income as 80% of the County's median family income and low income as median. Executive Summary 1 CONSULTATION/SOCIAL SERVICE AGENCIES THAT PARTICIPATED The County consulted with its participating municipalities of Naples and Marco Island, along with other county departments. Other housing and social service organizations that were surveyed/consulted in the preparation of the plan include: the State, the United Way, the Learning Connection, the Community Foundation of Collier County, the Salvation Army, the St. Vincent de Pan1 Society, the Fun Time Child Development Center, the Empowerment Alliance of Southwest Florida, St. Matthews House, the Immokalee Friendship House, the David Lawrence Center, the Shelter for Abused Women, the Mental Health Association, Catholic Charities, Habitat for Humanity, the Boys and Girls Club, Project Help, the Collier County Housing Authority, the PACE Center for Girls, the Department of Veterans Affairs, and RSVP of Collier County. CITIZEN PARTICIPATION PROCESS As part of this process Collier County adopted a Citizen Participation Plan. This Plan is included in the Appendix. Citizen input on housing and community development needs was sought at two public hearings held in Golden Gate (1/23/01) and in Immokalee (1/24/01). The meeting in Immokalee was advertised in both English and Spanish, and a Spanish-speaking staff person attended. A public solicitation process was utilized to solicit potential CDBG projects. The Draft Five-Year Consolidated Plan and One-Year Action Plan were published for a 30-day public comment period on April 5, 2001 in the Naples Daily News and the Immokalee Bulletin (English and Spanish versions). Two public hearings were held in Immokalee (4/24/01) and Golden Gate (4/25/01) to receive public comment on the draft plan. All written comments received a written reply and are included in the Appendix. OVERALL PRIORITIES In many respects Collier County is a tale of two communities. On one side is the large number of predominantly older, highly affluent households drawn to the County's warm weather/location. This group grows by half again during the warm winter months when the seasonal residents arrive. A large group of affluent tourists also visit at this time. Collier County's economy is based around meeting the consumer needs of this affluent population. On the other side is the County's workforce, a large portion of which are employed in low-paying retail and service jobs meeting the consumer needs of the County's affluent majority. These working-poor households have trouble finding affordable housing and employment during the slow summer season. Yet, maintaining a high quality workforce has been identified as key criteria for the County's long-term success in the marketplace. Therefore, the County's highest priority will be to support the provision of affordable housing for its low-income (below 50 % of MFI) working poor residents. AGENDA ITEM Ne. MAY 0 8 200! Executive Summary 2 ~g.~_. 4 Another way of assisting low-income people toward self-sufficiency is through providing better paying employment. Collier County through its Economic Development Commission has as its major goal the economic diversification and attracting and retaining industries that will provide these employment opportunities. Collier County has successfully received economic development grants from the State of Florida's Small Cities CDBG program. Supporting economic diversification will be the County's second highest priority. The County and its participating municipalities have identified three areas of low-income households where public facilities and improvements are needed. It is anticipated that as a result of the 2000 Census IHUD's information ix ~xs>~ct~d to b,, r~lpa~r~d in )00~) other low-ineom~ nr~nc tony hr* identified. Public facilities and improvementq for iowqncome people will be the County¢s third priority, Collier County, unlike most counties in Florida, does not fund any social services for its low- income residents. Unfortunately, only 15% of the County's CDBG funds can be expended for public services. Social services for the County's poverty level residents will be priority four. These priorities will enable the County to assist its low-income residents in their efforts to achieve self-sufficiency. Overall program goal: Economic Diversification All'ordable PROIECT SELECTION/OPERATIONAL IMPERATIVES Because the needs outweigh the resources, the County will always receives requests for funding that exceed its grant amount. Forced to choose among good projects, the County will utilize the following certain imperatives to establish its Annual Plan. Activities that return funds to the program, such as loan repayments, will be encouraged. Activities that request funds for salaries will be given a low priority unless funds from another source will be committed for future salaries. 2001-2005 Collier County Consolidated Plan Executive Summary AGENDA ITEM MAY 0 8 2001 · I~.~. Activities will not be funded unless the applicant has developed realistic cost estimates and timelines, and is financially stable. Program recipients (non-profit organizations, cities, etc.) will be expected to provide matching funds and/or otherwise participate in the cost of their project. Financial participation will be expected of individual recipients, particularly for property improvement programs and homeowner housing programs (excepting certain emergency situations). Organizations requesting funds will be expected to have sought funding from other appropriate sources before applying to the County. Housing development programs and property improvement programs are expected to use quality, long-lasting materials that require a minimum of maintenance or upkeep. Recipient organizations must have acceptable past and/or current performance on County-funded projects. Cost per unit (housing or service units) will be considered in evaluating proposals. Problems and priorities can change from year-to-year. In order to be responsive to the needs of the County's low-income residents, the County will annually review and refine the priorities. Any changes to the priorities will be published in the annual publication of fund availability. Recommendations for funding will be made to the Board of County Commissioners by the Department of Housing and Urban Improvement. Only agencies/organizations that participate in the competitive funding process of the Consolidated Plan will be considered for funding, with programs to begin July 1 of each year. No requests will be funded at any other time during the year except as a result of a Request for Proposals, or for urgent/emergency purposes as determined by the Board of County Commissioners. GEOGRAPHIC LOCATIONS OF PROJECT The County's housing and homeless activities are conducted on a countywide basis. The County's non-housing community development projects will be performed on a countywide basis in low-income neighborhoods that are within a cooperating city, or unincorporated County. AGENDA ITEM MAY 0 8 2001 Executive Summary 4 SPECIFIC ACTIVITIES Following is the Use of Funds for the first program year: CDBG: Infrastructure Improvements - Habitat Village Housing Rehabilitation - Collier Housing Alternatives Wolf Apartments - Supportive Housing Street Lights - lmmokalee Storm Drainage Improvements - Marco Island Park Improvements - Naples Bus Service - Immokalee, Naples, Marco Island Program Planning and Administration $ 600,000 47,000 224,160 48,000 250,000 250,000 313,000 354,790 TOTAL $2,087,000 The listing of proposed projects provides details on each of the above activities. MONITORING The County will perform on-site monitoring for federal, state and contract compliance of each of its subrecipients at least once each year. Technical assistance will be included with the monitoring. The monitoring program includes in-house review of every payment request. Prior to the end of each program year, an in-house review will be conducted to evaluate compliance progress, technical assistance needs, and future fundability. The Housing and Urban Improvement Office's systems to be developed for the ongoing management of the program and compliance with comprehensive planning requirements include checklists, tracking sheets, annual calendars, and operational checks and balances. G: ENTITLEMENT/ConsultanffConsolidated Plan Summary AGENDA ITEM NO. MtI¥ 0 8 2001 Executive Summary 5 _J 1 RESOLUTION NO. 2001- 2 3 A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER 4 COUNTY, FLORIDA, APPROVING COLLIER COUNTY'S FIVE YEAR 5 CONSOLIDATED STRATEGIC PLAN (PLAN) FOR JULY 1, 2001 TO JUNE 30, 6 2006 (FEDERAL FISCAL YEARS 2001 TO 2005) AND THE ANNUAL ACTION 7 PLAN FOR JULY 1, 2001 TO JUNE 30, 2002 FOR THE UNITED STATES 8 DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) TWENTY- 9 SEVENTH (27TM) COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) 10 PROGRAM IN THE AMOUNT OF $2,087,000, AND AUTHORIZING THE 11 COUNTY'S HOUSING AND URBAN IMPROVEMENT DEPARTMENT TO 12 TRANSMIT THE PLAN AND TAKE ACTIONS TO IMPLEMENT THE TWENTY- 13 SEVENTH YEAR GRANTS, AND PROVIDING FOR SEVERABILITY AND AN 14 EFFECTIVE DATE. 15 16 WHEREAS, the United States Department of Housing and Urban Development 17 (hereinafter HUD) in 24 C.F.R. 91 requires the submission of a Five Year Consolidated Strategic 18 Plan and an Annual Action Plan for potential grantees applying for funds under the Community 19 Development Block Grant Program ("CDBG"); and 20 WHEREAS, the Board of County Commissioners wishes to approve, and provide for the 21 submission of, the Annual. Action Plan for Fiscal year 2001, including programs and activities to 22 be funded for the period of the Program Year July 1, 2001 through June 30, 2002, in order to 23 implement the Twenty-seventh (27~) Year CDBG Program; and 24 WHEREAS the Board of County Commissioners wishes to authorize the County's 25 Housing and Urban Improvement Department to transmit the Plan and to take the necessary 26 actions for implementation of the Twenty-seventh (27th) Year Grants. 27 NOW, TI--[EKEFOKE BE IT RESOLVED BY THE BOARD OF COUNTY 28 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT: 29 Section 1. The Board of County Commissioners of Collier County approves the Collier 30 County Five Year Consolidated Strategic Plan and the Annual Action Plan for Federal Fiscal 31 Year 2001 for the CDBG Program, and authorizes the Department of Housing and Urban 32 Improvement (HUI) to transmit the Plan to the proper funding authority and take the necessary 33 actions for implementation of the Twenty-seventh (27th) Year Grants. 34 Section 2. The Projects to be funded for Fiscal Year 2001 by the CDBG Program are 35 those set forth in the One Year Action Plan (Section 8 of the Consolidated Plan) as also set forth 36 in the Consolidated Plan Summary, attached hereto, and by reference thereto is now made a part 37 of this Resolution as if set forth fully herein. 38 Section 3. SEVERABILITY. If any section, sentence, clause or phrase of this Resoluti, n AGENDA ITEM No. MAY 0 8 :;'001 1 2 3 4 5 6 7 is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this Resolution. Section 4. EFFECTIVE DATE. This Resolution is effective upon adoption by a majority vote of the Board of County Commissioners. BE IT FURTHER RESOLVED that this Resolution be recorded by the Clerk of Courts in the Public Records of Collier County, Florida. 8 9 10 1! 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 This Resolution adopted this Eighth day of May, 2001 after motion, second and majority vote favoring same. ATTEST: DWIGHT E. BROCK, CLERK By: Deputy Clerk Approved as to form and legal sufficiency: Patrick G. White Assistant County Attorney BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: JAMES D. CARTER, Ph.D., CHAIRMAN AGENOA ITEM N~. MAY 0 8 2001 EXECUTIVE SUMMARY ADOPT A RESOLUTION AUTHORIZING THE ACQUISITION BY GIFT OR PURCHASE OF PERPETUAL, NON-EXCLUSIVE UTILITY EASEMENTS FOR THE CONSTRUCTION OF IMPROVEMENTS TO THE SOUTH COUNTY REGIONAL WATER TREATMENT PLANT (PROJECT 70054). OBJECTIVE: To obtain authorization from the Board of County Commissioners of Collier County, Florida, as the governing body of Collier County, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, to acquire by gift or purchase all rights and interests in real property which are required for the construction and maintenance of water plant expansion improvements, utilities, wells, and related facilities for the South County Regional Water Treatment Plant Reverse Osmosis Expansion project. CONSIDERATION: On October 22, 1996, per Item 8(b)(1), the Board of County Commissioners of Collier County, Florida, as the governing body of Collier County, and as Ex- Officio the Governing Board of the Collier County Water-Sewer District, adopted the 1996 Water Master Plan Update which included the recommendation to expand the South County Regional Water Treatment Plant with a reverse osmosis treatment system and with new wells to meet future growth demand. On August 3, 1999, per Item 16(b)(11), the Board of County Commissioners of Collier County, Florida, as the governing body of Collier County, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, awarded Metcalf and Eddy, Inc., a professional services agreement to design the expansion of the South County Regional Water Treatment Plant with reverse osmosis treatment, and with new wells and related facilities. Since that time, Public Utilities Engineering Department staff has approved the final design of the South County Regional Water Treatment Plant Reverse Osmosis Expansion project which requires the acquisition of additional utility easements. A resolution authorizing property exchange and a design/construction agreement was authorized by the Board as Agenda Item 16(c)(17) on August 1, 2000. However, this agreement has been on hold pending acquisition of a parcel from a third party. Said property acquisition may or may not take place. By adopting a parallel path toward the acquisition of the utility easements with this resolution, potential delays to the construction completion of the South County Regional Water Treatment Plant Reverse Osmosis Expansion might be minimized. The water plant expansion is scheduled for completion by April 2003. Adoption of the attached Resolution will provide the Board's directive and authorization to staff to acquire the necessary utility easements for the South County Regional Water Treatment Plant Reverse Osmosis Expansion project. FISCAL IMPACT: Total estimated costs for utility easement acquisition are $200,000. This figure includes all easements, professional service fees, title policies, staff overhead and miscellaneous expenses associated with the acquisition of the necessary utility easements. All expenses will be funded from Water Impact Fee Fund 411 (Project No. 70054). MAY 0 8 2001 P'G. / GROWTH MANAGEMENT IMPACT: The recommendation is consistent with the County's long range planning effort. RECOMMENDATION: That the Board of County Commissioners of Collier County, Florida, as the governing body of Collier County, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, adopt the attached Resolution authorizing the acquisition by gift or purchase of utility easements required for the South County Regional Water Treatment Plant Reverse Osmosis Expansion, and authorize the Chairman to execute same on behalf of the Board. SUBMITTED BY: DATE: Valuation Coordinator " R~y Management Department REVIEWED BY: REVIEWED BY: APPROVED BY: Charles Carrington, Director f ~ ' Real Property Management Department Mohan V. Thampi, P.E., Project Manager Public Utilities Engineering Department Public Utilities Division HAY 0 8 2001 1 2 3 4 5 6 7 8 9 lO 11 12 RESOLUTION NO. 2001 - CCWSD RESOLUTION NO. 200l- A RESOLUTION AUTHORIZING THE ACQUISITiON BY GlleT OR PURCHASE OF PERPETUAL, NON-EXCLUSIVE UTILITY EASEMENTS FOR THE CONSTRUCTION OF IMPROVEMENTS TO THE SOUTH COLrNTY REGIONAL WATER TREATMENT PI,ANT. WHEREAS, on October 22, 1996, per Item 8(b)(1), the Board of County Commissioners of 13 Collier County, Florida, as the governing body of Collier County, and as Ex-Officio the Governing 14 Board of the Collier County Water-Sewer District, adopted the 1996 Water Master Plan Update which 15 included the recommendation to expand the South County Regional Water Treatment Plant with 16 reverse osmosis treatment and new wells to meet future growth demands; and 17 Vv'-H-EREAS, on August 3, 1999, per Item 16(b)(11), the Board of County Commissioners of is Collier County, Florida, as the governing body of Collier County; and as Ex-Officio the Governing 19 Board of the Collier County Water-Sewer District, awarded Metcalf and Eddy, Inc., a professional 2O services agreement to design the expansion of the South County Regional Water Treatment Plant with 21 reverse osmosis treatment and new wells, and related facilities; and 22 VV'-'t'IEREAS, the final design analysis indicates that additional utility easements will be 23 necessary for the plant expansion and new wellfield project; and 24 Vq'HER~AS, South County Regional Water Treatment Plant Reverse Osmosis Expansion is 25 needed for meeting future water demands and this expansion will provide a valid public benefit; and 20 WHEREAS, the South County Regional Water Treatment Plant Reverse Osmosis Expansion is 27 included in the Capital Improvement Element of the Growth Management Plan, and 28 WHEREAS, alternate locations, environmental factors, long range planning, cost variables, and 29 safety and welfare considerations have been reviewed as they relate to the implementation of said 3o water plant expansion improvements; and it has been recommended by County Staff that it is 31 necessary and in the best interest of Collier County, Florida, to acquire the additional utility easement 32 necessary for the construction of the South County Regional Water Treatment Plant Reverse Osmosis 33 Expansion, hereinafter referred to as the "Project," as identified on Exhibit "A" attached hereto and 34 incorporated herein by reference; and 35 WHEREAS, the design and construction of said water plant improvements and related facilities 36 has been determined by the Board to be necessary and in the best interest of Collier County; and 0 8 001 38 39 40 41 42 43 44 45 46 47 48 49 50 WHEREAS, the construction of the water plant improvements and related facilities contemplated by the Project is necessary in order to protect the health, safety and welfare of the citizens of Collier County, and will assist Collier County in meeting certain concurrency requirements of the Growth Management Plan for Collier County. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY, AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, that: 1. The Board has considered the environmental factors, safety factors and fiscal considerations relating to the final adopted location of the water plant expansion improvements and related facilities. 2. The perpetual, non-exclusive utility easements over, under, upon and across the property identified on Exhibit "A" (hereinafter referred to as the "Property") are the most feasible locations, both necessary and consistent with the project requirements, in order to permit the construction and maintenance of the water plant expansion improvements and related facilities for the South County 52 Regional Water Treatment Plant Reverse Osmosis Expansion project. 53 3. The Board has determined that the construction and maintenance of the South County Regional 54 Water Treatment Plant Reverse Osmosis Expansion improvements and related facilities is necessary 55 for a public purpose and is in the best interest of Collier County. 56 4. The construction and maintenance of the South County Regional Water Treatment Plant 57 Reverse Osmosis Expansion. improvements and related facilities are compatible with the long range 58 planning goals and objectives of the Growth Management Plan for Collier County. 59 5. It is necessary and in the best interest of Collier County for the Board to acquire the Property 60 identified on Exhibit "A" for the purpose of constructing improvements related to the expansion of the 61 South County Regional Water Treamaent Plant and installing utility facilities, including but not limited ~2 to pipes, pumps, wells, pump and well enclosures and electrical wiring; and County Staff is hereby 63 authorized and directed to acquire by gift or purchase the perpetual, non-exclusive utility and well 64 ~ - easements identified in Exhibit A . 6r----- 6. The Chairman of the Board is hereby authorized to execute Appraisal Agreements with the ~ appraisal firm(s) selected f~om the list of firms pre-qualified by the Board of County Commissioners. Page 2 0 8 200'1 67 The Board further directs staff to use appraisal reports or internal compensation estimates as staff 68 determines is necessary to best serve the needs of the Project in a timely and cost-effective manner. 69 7. The Board, in accordance with the provisions of Section 125.355, Florida Statutes, hereby 70 formally waives the requirement for a formal, independent appraisal report for the purchase of a 71 property where the purchase price of the parcel (the compensation due to the property owner) is less 72 than One Hundred Thousand and 00/100 Dollars ($100,000.00). In lieu of the independent appraisal 73 report, staff is hereby authorized to make purchase offers for the properties, the dollar amounts of 74 which shall be predicated on "staff compensation estimates" based upon independent appraisals (and 75 the data therefrom) obtained on similar properties and upon consideration and application of 76 appropriate market value and cost data pertinent to the subject parcels. 77 8. Upon the approval by the 'County Attorney's Office of all documents necessary for the subject 78 property acquisition, Real Property Management Department staff is hereby directed to offer 79 immediate delivery to the respective property owners of the full compensation (as established by the 80 appraisal or staff compensation estimates in accordance with the provisions of Section 125.355, 8~ Florida Statutes), in return for the immediate and proper execution of the respective easements and 82 such other legal documents and/or affidavits as the County Attorney's Office deems appropriate in 83 order to protect the interests of the County; and the Board hereby authorizes its present Chairman and 84 any subsequent Chairman, for the life of the Project, to execute any instruments which have been 85 approved by the Office of the County Attorney, to remove the lien of any encumbrance and for any 86 such other pu~ose as may be required to secure the Property. 87 9. In those instances where negotiated settlements may be obtained via ma "Easement Agreement" 88 mechanism, the Director of the Public Utilities Engineering Department, or his designee charged with 89 the responsibility for completion of various capital improvement projects, and is hereby delegated the 90 "Administrative Settlement" authority to approve the purchase of land interests above the staff 91 compensation estimate or appraised value and pay normally related costs when it is in the best interest 92 of the Project, within the pro-rata share of the land rights acquisition budget for the parcel being 93 acquired, and only when the difference between the purchase price and compensation estimate or 94 appraised value is less than Twenty-Five Thousand and 00/100 Dollars ($25,000.00) or the current 95 purchasing limits established by the Collier County Purchasing Department; provided, Project funding 96 is available. Page 3 Ho.., ~C MAY 0 8 2001 98 99 100 101 102 103 104 105 106 107 108 109 110 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 1 10. That the settlement approval authority is delegated by the Board to the extent that such approvals do not conflict with the provisions of Section 125.355, Florida Statutes. 11. The Chairman of the Board is hereby authorized to execute Easement Agreements and Purchase Agreements where the land owner has agreed to sell the required land fights to the County at its appraised value or at that amount considered the "Administrative Settlement" as such term is internally used by the administrative agencies of Collier County (see Paragraph 9, above). 12. Where the property owner agrees to convey a necessary interest in real property to the County, and upon the proper execution by the property owner of those easement instruments, and such other legal documents as the Office of the County Attorney may require, the Board hereby authorizes the Finance Department to issue warrants, payable to the property owner(s) of record, in those amounts as shall be specified on a closing statement and which shall be based upon the appraisal or staff compensation estimate in accordance with this Resolution and the provisions of Section 125.355, Florida Statutes. 13. All title to properties or interests in properties which have been obtained in the manner tescribed above shall be deemed "accepted" by the Board of County Commissioners, as the governing body of Collier County, Florida, a political subdivision of the State of Florida, and as such, staff is hereby authorized to record in the Public Records of Collier County, Florida, said. easement instruments and such other instruments as may be required to remove the lien of any encumbrance from the acquired Property. THIS RESOLUTION ADOPTED on this __ day of ,2001, after motion, second and majority vote. BOARD OF COUNTY COMIVIISSIONERS OF COLLIER COUNTY, FLORIDA, AS' THE GOVERNING BODY OF COLLIER COUNTY, AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER- SEWER DISTRICT ATTEST: DWIGHT E. BROCK, CLERK By: JAMES D. CARTER, Ph.d., CHAIRMAN Approved as to form and legal sufficiency: Assistant County Attorney Page 4 AGENDA IT[~ No. / HAY O 8 2001 EXHIBIT A SECTION ,35, TOWNSHIP 49 SOUTH,~i~iF~,~ RANGE 26 EAST. COLLIER COUNTY, FLORIDA LOCATION MAP ? '°°S00'29'15"E g sO.OD' L/4.89'31 '01 "E WEST LINE OF WATER TREATMENT PARCEL P.O.B. WATER ] ? TREATMENT -- ,= PARCEL S89'04'40"W .-, c~ 690.82' J o N89'O4'40"E 690.82' 35 LEGEND SECTION CORNER QUARTER SECTION CORNER P.O.B. POINT OF BEGINNING NOT TO SCALE R.O.W. RIGHT-OF-WAY (PARCEL 901) PERPETUAL, NON-EXCLUSIVE UTILITY EASEMENT OVER, UNDER, UPON AND ACROSS THE DESCRIBED PROPERTY 26 "35 35% I I 40' WIDE EASEMENT "A" (0.6.34 ACRES) I 35 i 36 SKETCH OF DESCRIPTION (THIS IS NOT A SURVEY) EASEMENT [ SCRWh-' REVERSE OSMOSIS EXPANSION t,25 ,A,, ('PARCEL 901) SDSK PROJECT: OO518OO~1 CAD FILE: O051800. dwg COLLIER COUNTY, FLORIDA NOTED: DRAWN -~'~L S~ STAFq B,: o. 04/20/2001 Engineers · Surveyors · Mappers 1201 BELVED~R£ ROAn. ~ST PALM ~AC~I. fLORIDA 3340~ PH ~5~)6§5-1151 · FAX (~l)~,12-g3go · VA~.~F'RNINC. OOI~ BOOK N° SHEET: N.A. AGE~DA ITl RLS2635 EXHIBIT,, A I=~i~Z ~f, I~ PERPETUAL, NON-EXCLUSIVE UTILITY EASEMENT OVER, UNDER, UPON AND ACROSS THE DESCRIBED PROPERTY (PARCEL 901) LEGAL DESCRIPTION - ADDITIONAL PURCHASE "A" A PARCEL OF LAND 40.00 FEET WIDE BEING A PORTION OF SECTION 55, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE QUARTER CORNER COMMON TO SECTIONS 54 AND 55, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, RUN THENCE NOO'29'15"W ALONG THE WEST LINE OF SAID SECTION 55 A DISTANCE OF 1582.45 FEET TO A POINT ON THE CENTERLINE OF THE PROPOSED ACCESS ROAD NO. 1 AS SHOWN ON THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY MAP FOR STATE ROAD 95 (I-75) SHEET 8 OF 10; THENCE ALONG THE CENTERLINE OF THE PROPOSED ACCESS ROAD NO. 1, N 89'31'01"E A DISTANCE OF 100.00 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF A CANAL, SAID POINT ALSO BEING ON THE CENTERLINE OF THE PROPOSED ACCESS ROAD TO THE WATER TREATMENT PLANT PARCEL; THENCE ALONG SAID EASTERLY RIGHT-OF-WAY LINE OF SAID CANAL S00'29'15"E A DISTANCE OF 50.00 FEET TO THE SOUTHWEST (SW) CORNER OF SAID OF THE PROPOSED ACCESS ROAD RIGHT-OF-WAY TO THE WATER TREATMENT PLANT PARCEL; THENCE ALONG THE SOUTHERLY LINE OF SAID ACCESS ROAD RIGHT--OF-WAY N89'51'O1"E A DISTANCE OF 454.28 FEET TO THE INTERSECTION OF SAID NORTHERLY LINE WITH THE WESTERLY BOUNDARY LINE OF THE WATER: TREATMENT PLANT PARCEL; THENCE ALONG SAID WESTERLY BOUNDARY LINE S00'47'14"W A DISTANCE OF 655.80 FEET TO THE SOUTHWEST CORNER OF SAID WATER TREATMENT PLANT PARCEL AND POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL. THENCE LEAVING THE BOUNDARY OF SAID WATER TREATMENT PLANT PARCEL RUN S00'47'14"W A DISTANCE OF 40.02 FEET; THENCE N89'O4'40"E ALONG A LINE 40.00 FEET SOUTHERLY OF AND PARALLEL WITH THE SOUTH LINE OF SAID WATER TREATMENT PLANT PARCEL A DISTANCE OF 690.82 FEET; THENCE NOO'47'14"E A DISTANCE OF 40.02 FEET TO THE SOUTHEAST CORNER OF SAID WATER TREATMENT PLANT PARCEL; THENCE S89'04'40"W ALONG THE SOUTHERLY BOUNDARY LINE OF SAID WATER TREATMENT PLANT PARCEL A DISTANCE OF 690.82 FEET TO THE POINT OF BEGINNING. SAID HEREIN DESCRIBED PARCEL CONTAINING 0.654 ACRES MORE OR LESS. SKETCH OF DESCRIPTION (THIS IS NOT A SURVEY) EASEMENT SCRWh-' REVERSE OSMOSIS EXPANSION (PARCEL 901) SDSK PROJECT: 00518001 CAD FILE: 0051~ COLLIER COUNTY, FLORIDA DRAWN BY: S~ STAFq CHECKED BY: G RAYMAN 1 DATE: 04/20/2001 J Engineers · Surveyors · Mappers 1201 BE:LVEDE:RE: ROAD. EST PAL~ BEAO4, FLORIOA 554~5 PH (.561)655-1151 · FAX (~I~.T2-Q,T90 · WWW, S~"RNINC. CO~ BOOK N° SHEET: N.A. 2 FLORIDA R RLS263 SECTION 35, IO~qSHIP 49 SOUTI-t,~~ RANGE 26 EAST. COLLIER COUNTY, FLORIDA LC>CATION MAP _o ~ S00'29'15"E ~o g s0.oo' / 9'31 '01 "E I/ 4s4.28' '-]"'- -'" WA TE~ WEST LINE_~ ~ OF WATER II ~ TREATMENT II F. ~o PARCEL II ~ ~ LEGEND SECTION CORNER QUARTER SECTION CORNER P.O.B. POINT OF BEGINNING NOT TO SCALE R.O.W, RIOHT-OF-WAY (PARCEL 701 ) TEMPORARY ACCESS AND CONSTRUCTION EASEMENT 26 55% 26 TREATMENT PARCEL c,,i ~ SSg S$9'04'40"W ~ o 3 7 690.82' ~ ~ Z 1019.81' 60' WIDE EASEMENT "B:~' [II ~ (1.407 ACRES) _~_3 ~.~_~5. 5 _ _ SKETCH OF DESCRIPTION (THIS IS NOT A SURVEY) EASEMENT "-~OF~: SCRWTP REVERSE OSMOSIS EXPANSION (PARCEL 701) 35 ' 36 SDSK PROJECT: 0051800 COLLIER COUNTY, FLORIDA CAD FILE: 0051800.dwg ISCALE: NOTED: DRAWN BY: S.F.R.N. STAFFJ CHECKED BY: (~ RAYMAN DATE: 04/20/2001 Engineers · Surveyors · Mappers 1201 BLLV[DER£ ROAI), ~Sf PALI~ I~[ACH. FLORIDA ~3405 PH (561)655-1151 · FAX (~61)B32-9590 · W~,SFq~NINC. COM I FIELD BOOK N° I SHEET~2 N.A. RLS2633 IT£H TEMPORARY ACCESS AND CONSTRUCTION EASEMENT (PARCEL 701 ) LEGAL DESCRIPTION - ACCESS EASEMENT "B" A PARCEL OF LAND 60,00 FEET WIDE BEING A PORTION OF SECTION ,35, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE QUARTER CORNER COMMON TO SECTIONS ,.34 AND ,35, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, RUN THENCE NOO'29'lS"W ALONG THE WEST LINE OF SAID SECTION .35 A DISTANCE OF 1,382.45 FEET TO A POINT ON THE CENTERLINE OF THE PROPOSED ACCESS ROAD NO. 1 AS SHOWN ON THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY MAP FOR' STATE ROAD 9.3 (I-75) SHEET 8 OF 10; THENCE ALONG THE CENTERLINE OF THE PROPOSED ACCESS ROAD NO. 1, N 89'.31'01"E A DISTANCE OF 100.00 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF A CANAL, SAID POINT ALSO BEING ON THE CENTERLINE OF THE PROPOSED ACCESS ROAD TO THE WATER TREATMENT PLANT PARCEL; THENCE ALONG SAID EASTERLY RIGHT-OF-WAY LINE OF SAID CANAL, S00'29'15"E A DISTANCE OF 50.00 FEET TO THE SOUTHWEST (SW) CORNER OF SAID OF THE PROPOSED ACCESS ROAD RIGHT-OF-WAY TO THE WATER TREATMENT PLANT PARCEL; THENCE ALONG THE SOUTHERLY LINE OF SAID ACCESS ROAD RIGHT-OF-WAY N89'.31'Ol"E A DISTANCE OF 454.28 FEET TO THE INTERSECTION OF SAID NORTHERLY LINE WITH THE WESTERLY BOUNDARY LINE OF THE WATER TREATMENT PLANT PARCEL; THENCE ALONG SAID WESTERLY Bour~DARY LINE S00"47'14"W A DISTANCE OF 69.3.82 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL. THENCE RUN S89'04'4-0"W A DISTANCE OF .3.32.72 FEET; THENCE S02'46'25"W ALONG TIlE EASTERLY RIGHT-OF-WAY LINE OF OHITE LAKE BOULEVARD A DISTANCE OF 60.0.3 FEET; THENCE N89'O4'40"E ALONG A LINE 100.00 FEET SOUTHERLY OF AND PARALLEL WITH THE SOUTH LINE OF SAID WATER TREATMENT PLANT PARCEL A DISTANCE OF 1019.81 FEET; THENCE NOO'47'14"E A DISTANCE OF 60.02 FEET ; THENCE S89"04'4-0"W ALONG A DISTANCE OF 690.82 FEET TO THE POINT OF BEGINNING. SAID HEREIN DESCRIBED PARCEL CONTAINING 1.407 ACRES MORE OR LESS. SKETCH OF DESCRIPTION (THIS IS NOT A SURVEY) EASEMENT "i3-1" (PARCEL 701) IFOR: SCRWTP REVERSE OSMOSIS EXPANSION COLLIER COUNTY, FLORIDA SDSK PROJECT: 0051800) CAD FILE: 0051800.dwg ~SCALE: NOTED: ] ~ DRAWN BY: S.F.R.N. STAFFI CHECKED BY: G. RAYMAN / LDA -: 04/ 0/ 00t J Engineers · Surveyors · Mappers 1201 BEL~DER[ ROAD, WEST PALM BEACH, FLORIDA 'E3405 PH (561)655-1151 · FAX (561)8,32~g3~0 · WWW.,,~'RNINC. COM BOOK N° SHEET: N.A. ~2 FLORIDA R.L.: RLS2653 JOB AGENDA E; HIBIT A SECTION 35, TOV~ISHIP 49 SOU'I'H,~,,.~ RANGE 26 EAST. COLLIER COUNTY, FLORIDA I_CX:A~ MAP N.T.S. 26 N00'47'1 .~? ZLt'~ ~J89'51 '01 "E 456.51' N89'31'01"E Cb ACCESS 100.00' ROAD NO. I LEGEND ~  SECTION CORNER QUARTER SECTION CORNER F.O.B. POINT OF BEGINNING R.O.W, RiGHT-OF-WAY GRAPHIC SCALE 0 1 O0 150 SCALE: 1 "= 1 OO' o o GOLDEN GATE CANAL N89'11'12"E ~ N89'15'27% 1920.65' 26 2641.68' S89q1'12"W S89'15'27"W 1901.19' 2641.08' N00'47'14"E 66.06' 200 26 PERPETUAL, NON-EXCLUSIVE 'UTILITY EASEMENT OVER, UNDER, UPON AND ACROSS THE DESCRIBED PROPERTY (PARCEL 9O2) 34 .35 SKETCH 35 P (PARCEL 902) OF DESCRIPTION (THIS IS NOT A SURVEY) UTILITY EASEMENT "C" SCRWiP REVERSE OSMOSIS EXPANSION COLLIER COUNTY, FLORIDA SDSK PROJECT: 00518001 CAD FILE: OO5t800.dwg ) NOTED: DRAWN BY: S.F.R.N. STAFF CHECKED BY: O. RAYMAN 04/20/2OO1 Engineers · Surveyors · Mappers ~201 BEL'VEDERE ROAD, ~r PALM BEAC~.I, F~ORIDA .~O5 BOOK N° SHEET: N.A. AGENDA ITEM FLORIDA PG. (PARCEL 902) LEGAL DESCRIPTION - UTI[.ITY EASE~MI~NT "C" PERPETUAL, NON-EXCLUSIVE UTILITY EASEMENT OVER, UNDER, UPON AND ACROSS THE DESCRIBED PROPERTY A PARCEL OF LAND 20.00 FEET WIDE BEING A PORTION OF SECTION 35, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE QUARTER CORNER COMMON TO SECTIONS ,34 AND `35, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, RUN THENCE NOO'29'15"W ALONG THE WEST LINE OF SAID SECTION 35 A DISTANCE OF 1582.43 FEET TO A POINT ON THE CENTERLINE OF THE PROPOSED ACCESS ROAD NO. 1 'AS SHOWN oN THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY MAP FOR STATE ROAD 95 (I-75) SHEET 8 OF 10; THENCE ALONG THE CENTERLINE OF THE PROPOSED ACCESS ROAD NO. 1, N 89'31'01"E A DISTANCE OF 100.00 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF A CANAL, SAID POINT ALSO BEING ON THE CENTERLINE OF THE PROPOSED ACCESS ROAD TO THE WATER TREATMENT PLANT PARCEL; THENCE ALONG SAID EASTERLY RIGHT-OF-WAY LINE OF SAID CANAL NOO'29'15"W A DISTANCE OF 50.00 FEET TO THE NORTHWEST (NW) CORNER OF SAID PROPOSED ACCESS ROAD RIGHT-OF-WAY TO THE WATER TREATMENT PLANT PARCEL; THENCE ALONG THE NORTHERLY LINE OF SAID ACCESS ROAD RIGHT-OF-WAY N89'`31'O1"E A DISTANCE OF 456.51 FEET TO THE INTERSECTION OF SAID NORTHERLY LINE WITH THE WESTERLY BOUNDARY LINE OF THE WATER TREATMENT PLANT PARCEL; THENCE ALONG SAID WESTERLY BOUNDARY LINE NOO'O4'14"E A DISTANCE OF 994.98 FEET THENCE N51'`30'28"E A DISTANCE OF 240.02 FEET; TO A POINT ON THE EASTERLY LINE OF A 170 FOOT WIDE FLORIDA POWER AND LIGHT (FP&L) RIGHT-OF-WAY AS DESCRIBED IN OFFICIAL RECORDS BOOK 681, PAGE 1210 COLLIER COUNTY RECORDS; THENCE ALONG SAID EASTERLY FP&L RIGHT-OF-WAY LINE, S58'30'05"E A DISTANCE OF 14.99 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL. THENCE LEAVING SAID FP&L RIGHT-OF-WAY RUN NOO'47'14"E A DISTANCE OF 7,3.65 FEET TO A POINT ON THE NORTH LINE OF THE NORTHWEST QUARTER (NW 1/4) OF SAID SECTION 55; THENCE N89'11'12"E ALONG SAID NORTH LINE A DISTANCE OF 1920.65 TO THE NORTH QUARTER CORNER OF SAID SECTION 55; THENCE N89"lS'27"E ALONG THE NORTH LINE OF THE NORTHEAST QUARTER (NE 1/4) OF SAID SECTION `35 A DISTANCE OF 2641.68 FEET TO THE NORTHEAST (NE) CORNER OF SAID SECTION `35; THENCE ALONG THE EAST LINE OF SAID SECTION 35, S00'55'50"W A DISTANCE 20.01 FEET; THENCE S89'15'27"W ALONG A LINE 20.00 FEET SOUTHERLY OF AND PARALLEL WITH THE NORTH LINE OF THE NORTHEAST QUARTER (NE 1/4) OF SAID SECTION 55 A DISTANCE OF 2641.08 FEET; THENCE S89'11'12"W ALONG A LINE SOUTHERLY OF AND PARALLEL WITH THE NORTH LINE OF THE NORTHWEST QUARTER (NW 1/4)A DISTANCE OF 1901.19 FEET; THENCE S00"47'14"W A DISTANCE OF 66.06 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF SAID OF SAID FP&L RIGHT-OF-WAY; THENCE N58"`30'O`3"W ALONG SAID RIGHT-OF-WAY LINE A DISTANCE OF 23.26 FEET TO THE POINT OF BEGINNING. (PARCEL 9O2) SKETCH OF DESCRIPTION (THIS IS NOT A SURVEY) UTILITY EASEMENT "C" 'fOR: SCRW H REVERSE OSMOSIS EXPANSION SDSK PROdECT: 00518001 COLLIER COUNTY, FLORIDA CAD FILE: 0051800.dwg. BOOK N° SHEET: DATE: 04/20/2001 JL EngineeB · SuweyoB · Mapped 1201 B£L~DER[ ROAD, R~ST PALM BE:AC/ri. FLOR1DA N.A. 2 FLORIDA R. RLS265, PG., SECTION 35, TOWNSHIP 49 SoU'rH,~,~,~ RANGF 26 FAS1. ,. COllIER COUNTY, FLORIDA I_O0,ATI(~ MAP 8.T..~. 26 S89'11'12'W ~ 484.57' N89'11'12"E ~ 484.13' q 89'31 '01 "E 456.51' N 89'51 '01 "E 100.00' LEGEND SECTION CORNER QUARTER SECTION CORNER P.O.B. POINT OF BEGINNING R.O.W. RIGHT-OF-WAY GRAPHIC SCALE O 1 O0 150 2O0 SCALE: 1 "= 100' P.O.B. N 89'11 '12" E 1920.65' ROAD N0.1 55 GOLDEN GATE CANAL N89'15'27"E 2641.68' PERPETUAL, NON-EXCLUSIVE UTILITY EASEMENT OVER, UNDER, UPON AND ACROSS THE DESCRIBED PROPERTY (PARCEL 903) 34 J35 SKETCH OF DESCRIPTION SCRW~I-' (THIS IS NOT A SURVEY) UTILITY EASEMENT "C-1" (PARCEL 903) REVERSE OSMOSIS EXPANSION COLLIER COUNTY, FLORIDA SDSK PROJECT: 0051800'~ CAD FILE: O051800.dwg ) NOTED: DATE: 04/20/2001 Engineers · Surveyors ° Mappers 1201 B~L~ED[RE ROAD, ~ST PAUd B~AC~, FL01~OA 35405 PH (5~I)855-1151 .* FAX (5~1)832-~390 · ~r~rfCS~RIdlN~CC~M FIELD BOOK N° SHEET: N.A. PERPETUAL, NON-EXCLUSIVE UTILITY EASEMENT OVER, UNDER, UPON AND ACROSS THE DESCRIBED PROPERTY (PARCEL 903) LEGAL DESCRIPTION - UTILITY EASEMENT "C-1" A parcel of land 20.00 feet wide being a portion of Section 35, Township 49 South, Range 26 East, Collier County, Florida, being more particularly described os follows: Commencing at the Quarter Corner common to Sections 54 and 35, Township 49 South, Range 26 East, Collier County, Florida, ran thence N00'29'lS"W along the West line of said Section 35 o distance of 1582.45 feet to o point on the centerline of the proposed Access Rood No. t as shown on the State of Florida Deportment of Transportation Right-of-Way map for State Rood 9,5 (I-75) sheet 8 of 10; thence along the centerline of the proposed Access Road No. 1, N 89'51'01"E o distance of 100.00 feet to o point on the Easterly 'Right-of-Way line of o canal, said point also being on the centerline of the proposed access road to the Water Treatment Plant Parcel; thence along said Easterly Right-of-Way line of said canal NO0'29'15"W a distance of 50.00 feet to the Northwest (NW) corner of said proposed access road Right-of-Way to the Water Treatment Plant Parcel; thence along the Northerly line of said access rood Right-of-way N89"51'O1"E a distance of 456.51 feet to the intersection of said Northerly line with the Westerly boundary line of the Water Treatment Plant Parcel; thence along said Westerly boundary line N00'47'14"E o distance of 994.98 feet; thence continue N00"4-?14"E o distance of 268.51 feet to pain( on the North line of said Section 55 and POINT OF BEGINNING of the herein described parcel. Thence run S89'11'12"W along the North line of the Northwest Quarter of said Section 55 o distance of 484.57 feet thence S00'29'15"E along the Easterly Right-of-Way line of said conot o distance of 20.00 feet; thence N89'll'12"E along o line 20.00 feet southerly of and parallel with the North tine of the Northwest Quarter (NW 1/4) of said Section 55 a distance of 484.15 feet; thence N00"47'14"E o distance of 20.01 feet to the POINT OF BEGINNING. SKETCH OF DESCRIPTION (THIS IS NOT A SURVEY) UTILITY EASEMENT FOR: SCRWI'P' REVERSE OSMOSIS EXPANSION (PARCEL 9O3) COLLIER COUNTY, FLORIDA SDSK PROJECT: 005180011 CAD FILE: O051800.dwg~,Jl DRAWN BY: S.F.R.N'~----~. STAFF1 CHECKED BY: O. RAYMAN / D^~: 04/20/2001 J Engineers. Surveyors · Mappers 1201 B£LVE~DCR( ROAD, RI:ST PAL~ BEACh, FL0~IOA 33405 PH (5~I)B55--1151 · FAX (5~l)&32-g3gO · ~II~¢.S~RNINC. COM BOOK N° FLORIEA' -~: RLS2653 SHEET: AGENDA [TEll pG.,, ¢-'/- SECTION 35, TOWNSHIP 49 SOUTH.,~i,.,~,,~Z'~ RANGE 26 EAST. CO~ER COUNt, ~ORIDA L~A~ ~ GOLDEN GATE CANAL 20., N89'51 '01 "E 456.51' N 89'51 '01 "E 100.00' ~_ ACCESS ROAD NO. 1 LEGEND ~  I~ SECTION CORNER QUARTER SECTION CORNER P.0.B. POINT OF BEGINNING R.0.W. RIGHT-OF-WAY GRAPHIC SCALE O 100 150 200 N89'11 '12"E SCALE: 1 "=1 OO' ~g = NB§'11'12"E ~. 4o.oo'-",x g g 1~5500,/,~ . c~c~ 26 PERPETUAL, NON-EXCLUSIVE UTILITY EASEMENT OVER, UNDER, UPON AND ACROSS THE DESCRIBED PROPERTY I (PARCEL 904) 26 35'~ t.25 '~36 34 135 I SKETCH OF DESCRIPTION [#o~: SCRWh..' (THIS IS NOT A SURVEY) EASEMENT "D 1" 35 (PARCEL 904) ~ 36 REVERSE OSMOSIS EXPANSION COLLIER COUNTY, FLORIDA SDSK PROJECT: 0051800] CAD FILE: 0051800~ NOTED: BY: S.F.R.N. STAFF CHECKED BY: O. RAYMAN 04/26/2001 Engineers · Surveyors · Mappers 1201 B~L~D[RE ROAO, ~ST PALU B~A~t, IrLORIOA ~ j BOOK N° ~'~ N.A. ~, RLS2632 SHEET: PG. EXHIBIT LEGAL DESCRIPTION - WELL SITE EASEMENT "D 1" (PARCEL 904) A PARCEL OF LAND BEING A PORTION OF SECTION .35, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE QUARTER CORNER COMMON TO SECTIONS .34 AND .35, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, RUN THENCE NOO'29'15"W ALONG THE WEST LINE OF SAID SECTION .35 A DISTANCE OF 1.382.43 FEET TO A POINT ON THE CENTERLINE OF THE PROPOSED ACCESS ROAD NO. 1 AS SHOWN ON THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY MAP FOR STATE ROAD 9.3 0-75) SHEET 8 OF 10; THENCE ALONG THE CENTERLINE OF THE PROPOSED ACCESS ROAD NO. 1, N 89'.31'01"E A DISTANCE OF 100.00 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF A CANAL, SAID POINT ALSO BEING ON THE CENTERLINE OF THE PROPOSED ACCESS ROAD TO THE WATER TREATMENT PLANT PARCEL; THENCE ALONG SAID EASTERLY RIGHT-OF-WAY LINE OF SAID CANAL NOO°29'15"W A DISTANCE OF 50.00 FEET TO THE NORTHWEST (NW) CORNER OF SAID PROPOSED ACCESS ROAD RIGHT-OF-WAY TO THE WATER TREATMENT PLANT PARCEL; THENCE ALONG THE NORTHERLY LINE OF SAID ACCESS ROAD RIGHT-OF-WAY N89'31'O1"E A DISTANCE OF 456.51 FEET TO THE INTERSECTION OF SAID NORTHERLY LINE WITH THE WESTERLY BOUNDARY LINE OF THE WATER TREATMENT PLANT PARCEL; THENCE ALONG SAID WESTERLY BOUNDARY LINE NOO'47'14"E A DISTANCE OF 994.98 FEET TO A POINT ON THE WESTERLY LINE OF A 170 FOOT WIDE FLORIDA POWER AND LIGHT'(FP&:L) RIGHT-OF-WAY AS DESCRIBED IN OFFICIAL RECORDS BOOK 681, PAGE 1210 COLLIER COUNTY RECORDS; THENCE ALONG SAID WESTERLY FP&:L RIGHT-OF-WAY LINE, N51"50'28"E A DISTANCE OF 70.02 FEET; THENCE CONTINUING ALONG S/~ID WESTERLY FP&:L RIGHT-OF-WAY LINE, S58'50'05"E A DISTANCE OF 116.00 FEET ; THENCE LEAVING THE BOUNDARY OF SAID WATER TREATMENT PLANT PARCEL RUN NOO'47'14"E A DISTANCE OF 271.36 FEET TO A POINT ON THE NORTH LINE OF THE NORTHWEST QUARTER (NWl/4) OF SAID SECTION `35; THENCE N89'11'12"E ALONG SAID NORTH LINE A DISTANCE OF 1555.00 FEET; THENCE S00'48'48"e A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING. THENCE CONTINUE S00'48'48"E AT RIGHT ANGLES TO THE NORTH LINE OF THE NORTHWEST QUARTER (NWl/4) OF SAID SECTION 35 A DISTANCE OF 40.00 FEET; THENCE S89'11'12"W PARALLEL WITH SAID NORTH LINE A DISTANCE OF 40.00 FEET; THENCE NOO'48'48"W A DISTANCE OF 40.00 FEET; THENCE N89'11'12"E A.DISTANCE OF 40.00 FEET TO THE POINT OF BEGINNING. PERPETUAL, NON-EXCLUSIVE UTILITY EASEMENT OVER, UNDER, UPON AND ACROSS THE DESCRIBED PROPERTY (PARCEL 904) SKETCH OF DESCRIPTION (THIS IS NOT A SURVEY) EASEMENT SCRWiI-' REVERSE OSMOSIS EXPANSION COLLIER COUNTY, FLORIDA SDSK PROJECT: 00518001 CAD FILE: 00518~ BOOK N° SHEET: .:)RAWN BY: S~ STAFF1 'CHECKED BY: O RAYMAN / DARE: 04/20/2001 J Engineers. Surveyors · Mappers 1201 8~L%~cDER£ ROAD, ~$T PALU ~ACH. FLOR1DA 33405 N.A. FLORIDA R.L. RLS2635 PG. 1~ EXHIBIT 'P'~;,e._ I~ ~_.1~ SECTION 35, TOWNSHIP 4-9 SOUTH,,~¢.~,~ RANGE 26 EAST. COLLIER COUNTY, FLORIDA' L.OC~TION MAP GOLDEN GATE CANAL 26 20.00'--~ N 89'31 '01 "E 456.51' N89'51'01 "E ¢+_ ACCESS 100.00' ROAD NO. 1 LEGEND SECTION CORNER I QUARTER SECTION CORNER P.O.B. POINT OF BEGINNING R.O.W. RIGHT-OF-WAY GRAPHIC SCALE 0 100 150 SCALE: 1 ": 1 OO' o N89'11'12"E "~ 40.00' ..LN89.1 , , ~ 112"E 1555.00' /~.., N89'11 12"E I I , I00.00' o 200 .26 ~'35 26 35% TEMPORARY ACCESS AND CONSTRUCTION EASEMENT (PARCEL 704) 34 135 I SKETCH OF DESCRIPTION (THIS IS NOT A SURVEY) EASEMENT SCRW~I-' REVERSE OSMOSIS EXPANSION 35 (PARCEL 704) I SDSK PROJECT: 0051800 ~25 ;"36 COLLIER COUNTY, FLORIDA CAD FILE: 0051800.dw9 BOOK N° SHEET: N.A. ~2 EXHIBIT LEGAL DESCRIPTION - TEMPORARY CONSTRUCTION EASEMENT "D 2" (PARCEL 704) A PARCEL OF LAND WIDE BEING A PORTION OF THE OF SECTION ,35, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE QUARTER CORNER COMMON TO SECTIONS .34 AND 55, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, RUN THENCE NOO'29'15"W ALONG THE WEST LINE OF SAID SECTION 35 A DISTANCE OF 1382.43 FEET TO A POINT ON THE CENTERLINE OF THE PROPOSED ACCESS ROAD NO. 1 AS SHOWN ON THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY MAP FOR STATE ROAD 93 (I-75) SHEET 8 OF 10; THENCE ALONG THE CENTERLINE OF THE PROPOSED ACCESS ROAD NO. 1, N 89'51'01"E A DISTANCE OF t00.00 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF A CANAL, SAID POINT ALSO BEING ON THE CENTERLINE OF THE PROPOSED ACCESS ROAD TO THE WATER TREATMENT PLANT PARCEL; THENCE ALONG SAID EASTERLY RIGHT-OF-WAY LINE OF SAID CANAL NOO'29'lS"W A DISTANCE OF 50.00 FEET TO THE NORTHWEST (NW) CORNER OF SAID PROPOSED ACCESS ROAD RIGHT-OF-WAY TO THE WATER TREATMENT PLANT PARCEL; THENCE ALONG THE NORTHERLY LINE OF SAID ACCESS ROAD RIGHT-OF-WAY N89'51'O1"E A DISTANCE OF 456.51 FEET TO THE INTERSECTION OF SAID NORTHERLY LINE WITH THE WESTERLY BOUNDARY LINE OF THE WATER TREATMENT PLANT PARCEL; THENCE ALONG SAID WESTERLY BOUNDARY LINE NOO"O4'14"E A DISTANCE OF 994.98 FEET TO A POINT ON THE WESTERLY LINE OF A 170 FOOT WIDE FLORIDA POWER AND LIGHT (FP&::L) RIGHT-OF-WAY AS DESCRIBED IN OFFICIAL RECORDS BOOK 681, PAGE 1210 COLLIER COUNTY RECORDS; THENCE ALONG SAID WESTERLY FP&:L RIGHT-OF-WAY LINE, N51'50'28"E A DISTANCE OF 70.02 FEET; THENCE CONTINUING ALONG SAID WESTERLY FP&:L RIGHT-dF-WAY LINE S58"50'05"E A DISTANCE OF 116.00 FEET ; THENCE LEAVING THE BOUNDARY OF SAID WATER TREATMENT PLANT PARCEL RUN NOO'47'14"E A DISTANCE OF 27t.,36 FEET TO A POINT ON THE NORTH LINE OF THE NORTHWEST QUARTER (NW 1~) OF SAID SECTION 55; THENCE N89'11'12"E ALONG SAID NORTH LINE A DISTANCE OF 1555.00 FEET; THENCE S00'4.8'40"E A DISTANCE OF 60.00 FEET TO THE POINT 0~' BEGINNING. THENCE CONTINUE S00'48'48"E AT RIGHT ANGLES TO SAID NORTH LINE A DISTANCE OF 60.00 FEET; THENCE S89"11'12"W PARALLEL WITH THE NORTH LINE OF THE NORTHWEST QUARTER (NWl/4-) OF SAID SECTION 55 A DISTANCE OF 100.00 FEET; THENCE NOO'48'4-8"W A DISTANCE OF 100.00 FEET; THENCE N89'11'12"E PARALLEL WITH THE NORTH LINE OF SAID SECTION 15 A DISTANCE OF 60.00 FEET; THENCE S00'48'4-8"E A DISTANCE OF 40.00 FEET; THENCE NBg'11'12"E A DISTANCE OF 40.00 FEET TO THE POINT OF BEGINNING. TEMPORARY ACCESS AND CONSTRUCTION EASEMENT SKETCH OF DESCRIPTION (THIS IS NOT A SURVEY) EASEMENT "D 2" (PARCEL 7O4) SCRWTP REVERSE OSMOSIS EXPANSION COLLIER COUNTY, FLORIDA ~ NOTED: ~ BRAWN BY: S.F.R.N~. STAFq CHECKED BY: G RAYMAN DATE: 04/20/2001 Engineers · Surveyors · Mappers 1201 BEL'e~...DERE ROA~. W(ST PAL~ ~AC~, FLOR1DA 3.}405 Pt'; (~I)6§5-1t~1 · FAX (~61)~2-~390 · SDSK PROJECT: 0051800'~ CAD FILE: 005180~ BOOK N° SHEET: N.A. ~2 FLORIDA r SECTION TOWNSHIP 49 SOUII-I,j~,,.~,~ RANGE 26 EAST. COLLJF_.R COUNTY, FLORIDA LOCATION MAP ~.T.$. 27 26 ----I ~ 34 3,~ 2'- GOLDEN GATE CANAL 20.00' LEGEND SECTION CORNER QUARTER SECTION CORNER P.O.B.POINT OF BEGINNING GRAPHIC SCALE R.O.W. RIGHT-OF-WAY o lOG 15o N89'11'12"E 1920.65' 34 135 I SKETCH N 89'51 '01 "E 456.51' , 200 SCALE: 1 "=1 O0' ~_CE ACCESS ROAD NO. 1 tN 89'51 '01 "~- 100.00' N89'15'27"E 4o.oo'-" V,--o N89'tS'27"E / ~ ~ 114~ 26 . ~, 35~ ~S893527W~ ~ 40.00 ~ ~ (¢ARCEk ~05) PERPETUAL, NON-EXCLUSIVE UTILITY EASEMENT OVER, UNDER, UPON AND ACROSS THE DESCRIBED PROPERTY l OF DESCRIPTION ('THIS IS NOT A SURVEY) EASEMENT "E 1" (PARCEL 905) ,.,25 56 SCRWiP REVERSE OSMOSIS EXPANSION SDSK PROJECT: 0051800~ CAD FILE: 0051800.d~ COLLIER COUNTY, FLORIDA NOTED: BY: S.F.R.N----~. STAF B': G. RAYMAN 04/20/2001 Engineers · Surveyors · Mappers t201 BEL'~DERE ROAD, ~[ST Pa/_U BEACh. FL(:~R1DA ,15405 PH (~I)6~-1151 · FAX (5~t)~52-g390 · tWN/.S~'R~NC.C~X~ BOOK N N.A. 1 2 RLS2633 PG. /'~ EXHIBIT LEGAL DESCRIPTION - WELL SITE EASEMENT "E 1" (PARCEL 905) A PARCEL OF LAND BEING A PORTION OF SECTION 55, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE QUARTER CORNER COMMON TO SECTIONS 3~¢ AND 55, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, RUN THENCE NOO"29'15"W ALONG THE WEST LINE OF SAID SECTION 55 A DISTANCE OF 1582.45 FEET TO A POINT ON THE CENTERLINE OF THE PROPOSED ACCESS ROAD NO. 1 AS SHOWN ON THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY MAP FOR STATE ROAD 93 (I-75) SHEET 8 OF 10; THENCE ALONG THE CENTERLINE OF THE PROPOSED ACCESS ROAD NO. 1, N 89'31'01"E A DISTANCE OF 100.00 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF A CANAL, SAID POINT ALSO BEING ON THE CENTERLINE OF THE PROPOSED ACCESS ROAD TO THE WATER TREATMENT PLANT PARCEL; THENCE ALONG SAID EASTERLY RIGHT-OF-WAY LINE OF SAID CANAL NOO'29'lS"W A DISTANCE OF 50.00 ,FEET TO THE NORTHWEST (NW) CORNER OF SAID PROPOSED ACCESS ROAD RIGHT-OF-WAY TO THE WATER TREATMENT PLANT PARCEL; THENCE ALONG THE NORTHERLY LINE OF SAID ACCESS ROAD RIGHT-OF-WAY N89'51'O1"E A DISTANCE OF 456.51 FEET TO THE INTERSECTION OF SAID NORTHERLY 'LINE WITH THE WESTERLY BOUNDARY LINE OF THE WATER TREATMENT PLANT PARCEL; THENCE ALONG SAID WESTERLY BOUNDARY LINE NOO"47'14"E A DISTANCE OF 994.98 FEET TO A POINT ON THE WESTERLY LINE OF A 170 FOOT WIDE FLORIDA POWER AND LIGHT (FP&L) RIGHT-OF-WAY AS DESCRIBED IN OFFICIAL RECORDS BOOK 681, PAGE 1210 COLLIER COUNTY RECORDS; THENCE ALONG SAID WESTERLY FP&L RIGHT-OF-WAY LINE, N51'50'28"E A DISTANCE OF 70.02 FEET; THENCE CONTINUING ALONG SAID WESTERLY FP&L RIGHT-OF-WAY LINE S58'50'05"E A DISTANCE OF 116.00 FEET ; THENCE LEAVING THE BOUNDARY OF SAID WATER TREATMENT PLANT PARCEL RUN NOO'47'14"E A DISTANCE OF 271.36 FEET TO A POINT ON THE NORTH LINE OF THE NORTHWEST QUARTER (NWl/4) OF SAID SECTION 55; THENCE N89'11'12"E ALONG SAID NORTH LINE A DISTANCE OF 1920.65 FEET TO THE NORTH QUARTER CORNER OF SAID SECTION 35; THENCE N89"lS'27"E ALONG THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 35 A DISTANCE 1149.55 FEET; THENCE S00'44'53"E A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING. .THENCE CONTINUE S00"44'55"E AT RIGHT ANGLES TO SAID NORTH LINE, A DISTANCE OF 40.00 FEET; THENCE S89'15'27"W PARALLEL WITH THE NORTH LINE OF: THE NORTHEAST QUARTER OF SAID SECTION .35 A DISTANCE OF 40.00 FEET; THENCE NOO'44'53"W A DISTANCE OF 40.00 FEET; THENCE N89'lS'27"E A DISTANCE OF 40.00 FEET TO THE POINT OF BEGINNING. PERPETUAL, NON-EXCLUSIVE UTILITY EASEMENT OVER, UNDER, UPON AND ACROSS THE DESCRIBED PROPERTY (PARCEL 9O5) SKETCH OF DESCRIPTION (THIS IS NOT A SURVEY) EASEMENT r~oF~: SCRWjI-' REVERSE OSMOSIS EXPANSION SDSK PROJECT: 0051800~ CAD FILE: 0051~ ...~ ,..~ SCALE: ~ED: ~ BY: S.F.R.N. STAFF CHECKED BY: G, RAYMAN 04/20/2001 COLLIER COUNTY, FLORIDA Engineers · Surveyors · Mappers PM (5~T)~5-,1151 · FAX (5~1)832-g590 · ~.~FRNINC, COI~ BOOK N° !SHEET: NoA, ~2 FLORIDA PG. Z~ '-SECllON 35, TOWNSHIP 4-9 SOU~,~,~,~ RANGE 26 EAST. . COLUER COUNTY, FLORIDA LCX::;A~ Id, AP GOLDEN GATE CANAL 26 20., r-AMII~ I /-~ Page LEGEND ~ il~ SECTION CORNER I QUARTER SECTION CORNER P.O.B. POINT OF BEGINNING GRAPHIC SCALE R.O.W. RIGHT-OF-WAY o lOO 15o N89~5'27"E 4o.oo' -'% N89'11'12"E 1920.65' N89'lS'27"E N 89'5t '01 "E 456.51' 6: ACCESS ROAD NO. 1 2o0 N89'51'01"E 100.00' 26 1149.35' '1'N89,15, 100.00' (PARCEL 7O5) SCALE: 1 "=1 00' o~ I 26 TEMPORARY ACCESS AND CONSTRUCTION EASEMENT 1 34 135 I SKETCH OF DESCRIPTION (THIS IS NOT A SURVEY) EASEMENT "E 2" 35 ~ 36 (PARCEL 705) SCRW1P REVERSE OSMOSIS EXPANSION COLLIER COUNTY, FLORIDA SDSK PROJECT: 00518001 CAD FILE: 0051800. dwg ~ NOTED: DRAWN BY: S.F.R.N. STAFF G. RAYMAN 04/20/2001 FIELD BOOK N° SHEET: RLS265 EXHIBIT_ LEGAL DESCRIPTION - TEMPORARY CONSTRUCTION EASEMENT "1~ 2" (PARCEL 705) A PARCEL OF LAND BEING A PORTION OF THE OF SECTION ,35, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE ©UARTER CORNER COMMON TO SECTIONS .34 AND .35, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, RUN THENCE NOO'29'15"W ALONG THE WEST LINE OF SAID SECTION .35 A DISTANCE OF t382.45 FEET TO A POINT ON THE CENTERLINE OF THE PROPOSED ACCESS ROAD NO. 1 AS SHOWN ON THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY MAP FOR STATE ROAD 9,3 ('1-75} SHEET 8 OF 10; THENCE ALONG THE CENTERLINE OF THE PROPOSED ACCESS ROAD NO. 1, N 89'31'01"E A DISTANCE OF 100.00 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF A CANAL, SAID POINT ALSO BEING ON THE CENTERLINE OF THE PROPOSED ACCESS ROAD TO THE WATER TREATMENT PLANT PARCEL; THENCE ALONG SAID EASTERLY RIGHT-OF-WAY LINE OF SAID CANAL NOO'29'15"W A DISTANCE OF 50.00 FEET TO THE NORTHWEST CORNER OF SAID PROPOSED ACCESS ROAD RIGHT-OF-WAY TO THE WATER TREATMENT PLANT PARCEL; THENCE ALONG THE NORTHERLY LINE OF SAID ACCESS ROAD RIGHT-OF-WAY N89'51'O1"E A DISTANCE OF 456.51 FEET TO THE INTERSECTION OF SAID NORTHERLY 'LINE WITH THE WESTERLY BOUNDARY LINE OF THE WATER TREATMENT PLANT PARCEL; THENCE ALONG SAID WESTERLY BOUNDARY LINE NOO'O4'14"E A DISTANCE OF 994.98 FEET TO A POINT ON THE WESTERLY LINE OF A 170 FOOT WIDE FLORIDA POWER AND LIGHT (FP&::L) RIGHT-OF-WAY AS DESCRIBED IN OFFICIAL RECORDS BOOK 681, PAGE 1210 COLLIER COUNTY RECORDS; THENCE ALONG SAID WESTERLY FP&::L RIGHT-OF-WAY LINE, N51'50~28"E A DISTANCE OF 70.02 FEET; THENCE CONTINUING' ALONG SAID WESTERLY FP&:L RIGHT-OF-WAY LINE S58'50'05"E A DISTANCE OF 116.00 FEET ; THENCE LEAVING THE BOUNDARY OF SAID WATER TREATMENT PLANT PARCEL RUN NOO'47'14"E A DISTANCE OF 271.,36 FEET TO A POINT ON THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 35; THENCE N89'll'12"E ALONG SAID NORTH LINE A DISTANCE OF 1920.65 FEET TO THE NORTH QUARTER CORNER OF SAID SECTION 55; THENCE N89'15'27"W ALONG THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 3.5 A DISTANCE OF 1149.55 FEET; THENCE S00'44'45"E A DISTANCE OF 60.00 FEET TO THE POINT OF BEGINNING. THENCE CONTINUE S00'44'5,3"E AT RIGHT ANGLES TO SAID NORTH LINE A DISTANCE OF 60.00 FEET; THENCE N89"15'27"E PARALLEL WITH THE NORTH LINE OF THE NORTHEAST QUARTER (NE 1/4) OF SAID SECTION 55 A DISTANCE OF 100.00 FEET; THENCE NOO'44'35"W A DISTANCE OF 100.00 FEET; THENCE N89"15'27"E PARALLEL WITH SAID NORTH LINE A DISTANCE OF 60.00 FEET; THENCE S00'44',3,.3"E A DISTANCE OF 40.00 FEET; THENCE N89'lS'27"E A DISTANCE OF 40.00 FEET TO THE POINT OF BEGINNING"- TEMPORARY ACCESS AND CONSTRUCTION EASEMENT SKETCH OF DESCRIPTION (THIS IS NOT A SURVEY) EASEMENT SCRW"tP REVERSE OSMOSIS EXPANSION (PARCEL 705) COLLIER COUNTY, FLORIDA .~ NOTED: ~" DRA'----~ BY: S~ STAFq CHECKED BY: G RAYMAN / DATE: 04/20/2001 J Engineers · Surveyors ,, Mappers 1201 B£L~:)ER~ ROAD, WE:ST PALU BEACh. FLORIDA 33405 PH (~1)655--1151 · FAX (~l)~32-l'&go · WgfW. SFRNINC. CO~ SDSK PROJECT: 0051800'~ CAD FILE: 005~ BOOK N° SHEET: N.A. FLORIDA PG. I XHIBIT Page.. SECTION 35, TOWNSHIP 49 SOU TH .,~i~.f,~ RANGE 26 EAST. COLLIER COUNTY, FLORIDA L(:X~A~ MAJ~ N.T.~. ":::' ~ S00'28'59"E 50.0¢ S89'51'01"W 56~.15' I? ~10 LEGEND ~ SECTION CORNER I OUARTER SECTION CORNER P.O.B. POINT OF BEGINNING NOT TO SCALE R.O.W. RIGHT-OF-WAY (PARCEL 906) PERPETUAL, NON-EXCLUSIVE UTILITY EASEMENT OVER, UNDER, UPON AND ACROSS THE DESCRIBED PROPERTY z 55 UTILITY EASEMENT 0'47'14"W ./i~---'~ 20.00' "F-l" (pA', WATER TREATMENT ~26 PARCtL I I I SKETCH I I 35 36 1 55"1"36 OF DESCRIPTION (THIS IS NOT A SURVEY) UTILITY EASEMENT SCRW~P REVERSE OSMOSIS EXPANSION SDSK PROJECT: "F-I" (PARCEL 906 COLLIER COUNTY, FLORIDA 0051800 CAD FILE: O051800A. dwg NOTED: h BY: S.F.R.N. STAFF[ CHECKED BY: O. RAYMAN ~ 04/20/2001 D Engineers · Surveyors · Mappers i'201 I~_LVEDF. J~E ROAD, ~ PALU B~. FI.I~DA 3,,t405 PM ~',5~1)655-115~ · FAX (~1}~32-9390 ,, Yn~Yt,~CR~INC. CC~ FIELD BOOK N° SHEET: '~! N.A. 2 PG. c~, ,~ EXHIBIT, ,, Page 18 LEGAL DESCRIPTION - UTILITY EASEMENT "F-l" A parcel of land 20.00 feet wide being a portion of Section 35, Township 49 South, Range 26 East, Collier County, Florida. Being more particularly described as follows: Commencing at the Quarter Corner common to Sections 34 and ,35, Township 49 South, Range 26 East, Collier County, Florida, run thence N00'29'lS"W along the West line of said Section 55 a distance of 1382.43 feet to a point on the centeriine of o proposed Access Road thence along the contadina of the proposed Access Road, N 89'31'01"E a distance of 170.54 feet; thence S00'28'59"E a distance of 50.00 feet to the Southwest (SW) corner of said of the proposed access road Right-of-Way to the Water Treatment Plant Parcel and POINT OF BEGINNING. Thence along the Southerly line of said access rood Right-of-way N89'31'01"E a distance of 383.95 feet; thence S00'47'14"W a distance of 20.00 feet; thence S89'31'01"W along a line 20.00 feet Southerly of and parallel with the Southerly tine of said access rood a distance of 582.15 feet; thence N04'21'08"W along the Ea.sterly Right-of-Way line of o canal, a distance of 20.05 feet to the POINT OF BEGINNING. PERPETUAL, NON-EXCLUSIVE UTILITY EASEMENT OVER, UNDER, UPON AND ACROSS THE DESCRIBED PROPERTY (PARCEL 906) SKETCH OF DESCRIPTION (THIS IS NOT A SURVEY) UTILITY EASEMENT SCRWiI-" REVERSE OSMOSIS EXPANSION (PARCEL 906) ,DRAWN BY: S.F.~.N. STAFF] CHECKED BY: O, RAYMAN / DATE: 04/20/2001 J COLLIER COUNTY, FLORIDA SDSK PROJECT: 00518001 CAD FILE: 00~ FLORIDA Engineers · Surveyors · Mappers 1201 B£L'v~D~R[ ROA0, WEST PAJ. J,4 BEACh, Ft.(~R~DA 33405 PM (561)655-1151 · FAX (561)8~2-9.3gO · WW'a'.SFRNINC. CDI~ BOOK N° SHEET: N.A. 2 N ~A b 8 2001 EXECUTIVE SUMMARY ADOPT A RESOLUTION AUTHORIZING THE ACQUISITION BY CONDEMNATION OF PERPETUAL, NON-EXCLUSIVE UTILITY EASEMENTS AND TEMPORARY ACCESS AND CONSTRUCTION EASEMENTS FOR THE CONSTRUCTION OF IMPROVEMENTS TO THE SOUTH COUNTY REGIONAL WATER TREATMENT PLANT (PROJECT NO. 70054). OBJECTIVE: To obtain authorization from the Board of County Commissioners of Collier County, Florida, as the governing body of Collier County, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District to acquire by condemnation all rights and interests in real property which are required for the construction and maintenance of water plant expansion improvements, utilities, wells, and related facilities for the South County Regional Water Treatment Plant (SCRWTP) Reverse Osmosis Expansion project. CONSIDERATION: On October 22, 1996, per Item 8(b)(1), the Board of County Commissioners of Collier County, Florida, as the governing body of Collier County, and as Ex- Officio the Governing Board of the Collier County Water-Sewer District, adopted the 1996 Water Master Plan Update which included the recommendation to expand the South County Regional Water Treatment Plant with a reverse osmosis treatment system and with new wells to meet future growth demand. On August 3, 1999, per Item 16(b)(11), the Board of County Commissioners of Collier County, Florida, as the governing body of Collier County, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, awarded Metcalf and Eddy, Inc., a professional services agreement to design the expansion of the South County Regional Water Treatment Plant with reverse osmosis treatment, and with new wells and related facilities. Since that time, Public Utilities Engineering Department staff has approved the final design of the South County Regional Water Treatment Plant Reverse Osmosis Expansion project which requires the acquisition of additional utility easements. A resolution authorizing property exchange and a design/construction agreement was authorized by the Board as Agenda Item 16(c)(17) on August 1, 2000. However, this agreement has been on hold pending acquisition of a parcel from a third party. Said property acquisition may or may not take place. By adopting a parallel path toward the acquisition of the utility easements with this resolution, potential delays to the construction completion of the South County Regional Water Treatment Plant Reverse Osmosis Expansion might be minimized. The water plant expansion is scheduled for completion by April 2003. Adoption of the attached Resolution will provide the Board's directive and authorization to the Office of the County Attorney to prepare the pleadings and file the eminent domain lawsuits which will be required should it become necessary to condemn any of the utility easements and/or temporary access and construction easements required for the construction of improvements to the South County Regional Water Treatment Plant. The South County Regional Water Treatment Plant (SCRWTP) 8-MGD Reverse Osmosis expansion requires an additional 40' south of the plant property in order to accommodate the proposed deep wells. There is no suitable location on the existing treatment plant property for AG[NlrA ITEN NAY O 8 2001 the drilling of the deep wells, since a minimum separation must be maintained from the proposed raw water wells on the plant property. A 20' utility easement nearly one mile in length along the south boundary of the Golden Gate Main Canal is required so that County can get access to the new well fields on the County- owned land in Section 25. From the hydrogeological modeling, this area to the east was determined to have the greatest availability of quality raw water in comparison with a northerly alignment along CR-951, which was also examined. In addition, by situating the raw water pipeline along the canal, it is possible to drill three additional wells. The selected canal alignment is also the shortest route to the County's land in Section 25; and no canal crossings are required. The utility easement will contain pipe, electrical, and fiber optic lines. The first alternate route to the above-described alignment would be to go north along the FPL easement (assuming it is allowed) to the Golden Gate Estates area and turn east to Section 25. This alternate would require roughly 2,000 feet of additional pipeline, electrical and fiber optic ducts. While a portion of the County road easement could be utilized for the pipeline, two well easements would have to be acquired along with additional utility easements. Further, two canal crossings would be required; whereas the recommended alignment does not require any canal crossings. Also, the two wells now on Golden Gate Estates are closer to the Section 25 wells which could reduce well water withdrawals and production. At minimum, this would have cost at least $500,000 more than the selected alignment or rather about $300,000 more when taking into account savings from property acquisition. The second alternate route considered was to construct the raw water line southward within the FPL easement, then east along Landfill Road, and then through the Landfill to get to the County's land in Section 25. The only advantage is that it requires no property acquisition outside the land already encumbered by the FPL easement. However, this route requires about 3.5 miles of 30" water main, and requires the well pump horsepower to be increased and the booster pump stations to be added along the line. The additional cost of this second alternate route exceeds $5 million. The recommended alignment is the least costly of the three available, and is the best alignment for the wellfield with respect to maximizing water withdrawals, not forced by environmental factors. While the recommended alignment does go through a red cockaded woodpecker foraging area, based on consultation with Pollution Control and Natural Resources, it has been deemed an acceptable route since the facilities are underground and not intrusive to the habitat. This information, along with a recent survey, has been sent to the U.S. Fish & Wildlife Service. The SCRWTP expansion project must be completed by April 2003 in order to meet growth water demands. The wells along the selected alignment will supply 8 million gallons per day (MGD) to an expandable 20-MGD SCRWTP Reverse Osmosis Plant. Obtaining these proposed easements along the selected alignment will ensure that the County can continue to provide sufficient high quality drinking water and meet fire-fighting uses to meet the demands of growth. Public health and safety will be compromised without an adequate potable water supply. To provide the remaining 12-MGD of the expanded plant's treatment capacity, the area south of 1-75 will be investigated, modeled and a wellfield alignment selected next year. Based upon an evaluation and review of altemative locations, environmental factors, cost variables, drainage considerations and safety and welfare considerations as they relate to the construction of the Project, the most feasible location for the additional utility easements and temporary access and construction easements for the construction of the South County NO. HAY 0 8 2001 Regional Water Treatment Plant Expansion project is more particularly described in Exhibit "A" of the attached Resolution. In addition, a utility easement along the south boundary of Utilities Drive is also required for connection with the future sewer force main along CR-951 Due to the fact that time is of the essence with this project, and due to the fact that bids were solicited from all of the eminent domain appraisers on the County's approved appraiser list in January of this year and no bids were received at that time, staff recommends that the Board declare that an emergency exists with respect to the expeditious acquisition of the easements necessary for plant expansion, and that the Board waive the purchasing policy requiring another solicitation of bids for project appraisals, and authorize the Utilities Administrator, or his designee, to negotiate directly with any one of the eminent domain appraisers on the County's approved appraiser list that will undertake the assignment in a timely manner. FISCAL IMPACT: Total estimated costs for all utility easement acquisition acquired through condemnation are $290,000. This figure includes all utility easements, appraisal fees, staff overhead and miscellaneous expenses associated with the acquisition of the necessary right-of- way, including attorney fees and expert witness costs incurred by the property owner which the condemning authority is required to pay under the provisions of Chapter 73, Florida Statutes. All expenses will be funded from Water Impact Fee Fund 411 (Project No. 70054). GROWTH MANAGEMENT IMPACT: The recommendation is consistent with the County's long range planning effort. RECOMMENDATION: That the Board of County Commissioners of Collier County, Florida, as the governing body of Collier County, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District: (1) (2) (3) Having reviewed alternative locations, environmental factors, cost variables, safety and welfare considerations as they relate to the Project, find that the most feasible location for the Project is represented by the legal descriptions of the utility easements and temporary access and construction easements which are more particularly described in Exhibit "A" of the attached Resolution; and Adopt the attached Resolution authorizing the acquisition by condemnation of utility easements and temporary access and construction easements required to construct the improvements to the South County Regional Water Treatment Plant Reverse Osmosis Expansion, and authorize the Chairman to execute same on behalf of the Board; Declare that an emergency exists with respect to the expeditious acquisition of the easements necessary for plant expansion, and waive the purchasing policy with respect to further bid solicitations, allowing the Utilities Administrator, or his designee, to negotiate with any one of the approved eminent domain appraisers willing to undertake the assignment, and to issue a purchase order for the services therefor. HAY 0 8 2001 ,/ SUBMITTED BY: ~' DATE: Valuation Coordinator Real Property Management Department CR~ ~ ;I ~oCp ~ ~n g~a°~i~ei ~:~Jr De2;rtment REVIEWED BY: ~" ~ DATE: Mohan V. Thampi, P.E., Project Manager Public Utilities Engineering Department APPROVED BY: ,J~'~'-~. Mudd, P.E., Administrator Pub'Iic Utilities Division DATE: t HAY 0 8 2001 RESOLUTION NO. 2001- CCWSD RESOLUTION NO. 2001- A RESOLUTION AUTHORIZING THE ACQUISITION BY CONDEMNATION OF PERPETUAL, NON-EXCLUSIVE UTILITY EASEMENTS AND TEMPORARY ACCESS AND CONSTRUCTION EASEMENTS FOR THE CONSTRUCTION OF IMPROVEMENTS TO THE SOUTH COUNTY REGIONAL WATER TREATMENT PLANT. 6 7 8 9 I0 11 12 13 14 15 16 WHEREAS, on October 22, 1996, per Item 8(b)(1), the Board of County Commissioners of 17 Collier County, Florida, as the governing body of Collier County, and as Ex-Officio the Governing 18 Board of the Collier County Water-Sewer District, adopted the. 1996 Water Master Plan Update 19 which included the recommendation to expand the South County Regional Water Plant with reverse 20 osmosis treatment and new wells to meet future growth demands; and 21 WHEREAS, on August 3, 1999, per Item 16(b)(11), the Board of County Commissioners of 22 Collier County, Florida, as the governing body of Collier County, and as Ex-Officio the Governing 23 Board of the Collier County Water-Sewer District, awarded Metcalf and Eddy, Inc., a professional .24 services agreement to design the expansion of the South County Regional Water Treatment Plant 25 with reverse osmosis treatment and new wells, and related facilities; and 26 WHEREAS, the final design analysis indicates that additional property and utility 27 easements are needed; and 28 WHEREAS, South County Regional Water Treatment Plant Reverse Osmosis Expansion is 29 needed for meeting future water demands and this expansion will provide a valid public benefit; and 30 WHEREAS, the South County Regional Water Treatment Plant Reverse Osmosis Expansion 31 is included into the Capital Improvement Element of the Growth Management Plan; and 32 WHEREAS, the design and construction of said water plant expansion improvements and 33 related facilities have been determined by the Board to be necessary and in the best interest of 34 Collier County; and 35 WHEREAS, the construction of the water plant expansion improvements and related 36 facilities are necessary in order to protect the health, safety and welfare of the citizens of Collier 37 County, and will assist Collier County in meeting requirements of the Growth Management Plan 38 for Collier County; and I MAY 0 8 2001 I PG.. -~ 40 41 42 43 44 45 46 47 48 49 50 51 52 53 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 WHEREAS, the location for construction of the proposed improvements has been fixed by survey and is collectively represented by the legal descriptions comprising Exhibit "A," attached hereto and incorporated herein (hereinafter referred to as the "Property"); and WHEREAS, after consideration of the availability of alternate routes and locations, the comparative costs of prOject alternatives, various impacts upon the environment, long range planning options, and public safety considerations, the Board desires to exercise its right to condemn the Property for public purposes. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY, AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, that it has been detemfined that the construction of the South County Regional Water Treatment Plant Reverse Osmosis Expansion, (hereinafter referred to as the "Project") is necessary and in the public's best interest in order to protect the health, safety and welfare of the citizens of Collier County. AND IT IS FURTHER RESOLVED that construction of the Project is consistent with the County's long range planning effort. AND IT IS FURTHER RESOLVED that County Staff has reviewed alternative locations for the project, various impacts to the environment, public safety' and welfare considerations associated with the design and construction of the project, drainage considerations anti the costs associated with the design, property rights acquisition, and construction of the project; and the Board finds that after consideration of these issues, the most feasible location for construction of the proposed improvements is collectively represented by the legal descriptions comprising Exhibit "A" attached hereto and incorporated herein. AND IT IS FURTHER RESOLVED that in order to construct the Project as designed, it is necessary for the Board to acquire the perpetual, non-exclusive utility easements and temporary access and construction easements identified on Exhibit "A" for the purpose of constructing improvements related to the expansion of the South County Regional Water Treatment Plant and installing utility facilities, including but not limited to pipes, pumps, wells, pump and well enclosures and electrical wiring, over, under, upon and across the Property. AND IT IS FURTHER RESOLVED that the Property shall be put to public purposes. AND IT IS FURTHER RESOLVED that the County staff is hereby authorized to immediately acquire by condemnation in accordance with the provisions of Chapters 73, 74 and Page 2 NO._ 2001 SECTION 35, TOWNSHIP 49 SOUTH,~i~.~,,~,~/ RANGE 26 EAST. COLLIER COUNTY, FLORIDA 54 EXHIBIT .... A ~, ~ ~f, ~,B,', LEGEND SECTION CORNER I QUARTER SECTION CORNER P.O.B. POINT OF BEGINNING R.O.W. RIGHT-OF-WAY (PARCEL 901) NOT TO SCALE PERPETUAL, NON-EXCLUSIVE UTILITY EASEMENT OVER, UNDER, UPON AND ACROSS THE DESCRIBED PROPERTY .o ~ S00'29'15"E ~ g so. oo' 454.28' WEST LINE OF WATER TREATMENT PARCEL WATER TREATMENT PARCEL L~ .55 P.O.B. S89'04'40"W r-.. o : N89'O4'40"E ~ ~ ~ 690.82' 40' ~DE EASEMENT "a" (0.6,34 ACRES) 26 ..,26 a ~ "35 35"; I ,35 I SKETCH OF DESCRIPTION (THIS IS NOT A SURVEY) EASEMENT "A" SCRWiP REVERSE OSMOSIS EXPANSION (PARCEL 901) %25 ~56 COLLIER COUNTY, FLORIDA SDSK PROJECT: 00518001 CAD FILE: 005180~ BOOK N° SHEET: IT£H PG. 7 EXHIBIT_ PERPETUAL, NON-EXCLUSIVE UTILITY EASEMENT OVER, UNDER, UPON AND ACROSS THE DESCRIBED PROPERTY (PARCEL 901) LEGAL DESCRIPTION - ADDITIONAL PURCHASE "A" A PARCEL OF LAND 4-0.00 FEET WIDE BEING A PORTION OF SECTION ,35, TOWNSHIP 4-9 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE QUARTER CORNER COMMON TO SECTIONS 54 AND ,35, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, RUN THENCE NOO'29'15"W ALONG THE WEST LINE OF SAID SECTION 55 A DISTANCE OF 1.382.4`3 FEET TO A POINT ON THE CENTERLINE OF THE PROPOSED ACCESS ROAD NO. 1 AS SHOWN ON THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY MAP FOR STATE ROAD 9.3 (I-75) SHEET 8 OF 10; THENCE ALONG THE CENTERLINE OF THE PROPOSED ACCESS ROAD NO. 1, N 89'`31'01"E A DISTANCE OF 100.00 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF A CANAL, SAID POINT ALSO BEING ON THE CENTERLINE OF THE PROPOSED ACCESS ROAD TO THE WATER TREATMENT PLANT PARCEL; THENCE ALONG SAID EASTERLY RIGHT-OF-WAY LINE OF SAID CANAL S00'29'15"E A DISTANCE .OF 50.00 FEET TO THE SOUTHWEST (SW) CORNER OF SAID OF THE PROPOSED ACCESS ROAD RIGHT-OF-WAY TO THE WATER TREATMENT PLANT PARCEL; THENCE ALONG THE SOUTHERLY LINE OF SAID ACCESS ROAD RIGHT-OF-WAY N89'51'O1"E A DISTANCE OF 454.28 FEET TO THE INTERSECTION OF SAID NORTHERLY LINE WITH THE WESTERLY BOUNDARY LINE OF THE WATER TREATMENT PLANT PARCEL; THENCE ALONG SAID WESTERLY BOUNDARY LINE S00'47'14"W A DISTANCE OF 65.3.80 FEET TO THE SOUTHWEST CORNER OF SAID WATER TREATMENT PLANT PARCEL AND POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL. THENCE LEAVING THE BOUNDARY OF SAID WATER TREATMENT PLANT PARCEL RUN S00°47'14-"W A DISTANCE OF 40.02 FEET; THENCE N89'O4'40"E ALONG A LINE 40.00 FEET SOUTHERLY OF AND PARALLEL WITH THE SOUTH LINE OF SAID WATER TREATMENT PLANT PARCEL A DISTANCE OF 690.82 FEET; THENCE NOO'4-7'14"E A DISTANCE OF 4-0.02 FEET TO THE SOUTHEAST CORNER OF SAID WATER TREATMENT PLANT PARCEL; THENCE S89°04'4-0"W ALONG THE SOUTHERLY BOUNDARY LINE OF SAID WATER TREATMENT PLANT PARCEL A DISTANCE OF 690.82 FEET TO THE POINT OF BEGINNING. SAID HEREIN DESCRIBED PARCEL CONTAINING 0.6.34- ACRES MORE OR LESS. (PARCEL 901 ) SKETCH OF DESCRIPTION (THIS IS NOT A SURVEY) EASEMENT "A" IFOR: SCRWTP REVERSE OSMQ$1S EXPANSION COLLIER COUNTY, FLORIDA fSCALE: NOTED: DRAWN BY: S.F.R.N. STAFF CHECKED BY: O. RAYMAN DATE: 04/20/2001 Engineers · Surveyors · Mappers 1201 BELVEDERE ROAD. ~[ST PALM BEACH, FLORIDA 3540.5 PH (561)655-1151 · FAX (561}852-9590 · W~,~t'RNINC, COM SDSK PROJECT: 0051800/ CAD FILE: 0051800.dwg ) BOOK N° SHEET: N.A. ~/'2 IT£~ FLORIDA PG. SECTION 35, TOWNSHIP 49 SOUTH,,~.(,,~,~ RANGE 26 EAST. COLLIER COUNTY, FLORIDA LOCATION MAP 34 _o 'o 5"E ~ o. S00'29'1 b~ o© 50.00'  454.2~' WATER WEST LINE__J.J! ~ TREATMENT OF WATER II ~ ~ PARCEL TREATMENT PARCEL II J,, j s89.04'40"w :o~ u,, ,,u, 0 690,82, ../''E 1019 81' r I:,Ai"III:Sl I /--k : LEGEND SECTION CORNER QUARTER SECTION CORNER P.O.B. POINT OF BEGINNING NOT TO SCALE SKETCH OF DESCRIPTION (THIS IS NOT A R.O.W. RIGHT-OF-WAY (PARCEL 701) 60' WIDE EASEMENT "B~' (1.407 ACRES) TEMPORARY ACCESS AND CONSTRUCTION EASEMENT 26 26 "35 35'':~ ,.,25 ¢'36 SURVEY) EASEMENT "B-~" (PARCEL 70'1) 36 FOR: SCRWTP REVERSE OSMOSIS EXPANSION COLLIER COUNTY, FLORIDA NOTED: DRAWN BY: S.F.R.N. STAFF CHECKED BY: (~. RAYMAN [:)ATE: 04/20/2001 SDSK PROJECT: CAD FILE: Engineers · Surveyors ° Mappers I201 BELVEDERE ROAD, '~S[ PALM 8EACH, FLORIDA 33405 PH (561)655-1151 · FAX [561)852-9390 · W'#//.~RNINC.COM 'IIFIELDN.A.BOOK N° I SHEET,~ JOB N° MAY 0 8 2001 I=XHIBIT TEMPORARY ACCESS AND CONSTRUCTION EASEMENT (PARCEL 701) LEGAL DESCRIPTION - ACCESS EASEMENT "B" A PARCEL OF LAND 60.00 FEET WIDE BEING A PORTION OF SECTION .35, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: 'COMMENCING AT THE QUARTER CORNER COMMON TO SECTIONS ,54 AND ,55, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, RUN THENCE NOO'29'15"W ALONG THE WEST LINE OF SAID SECTION .35 A DISTANCE OF 1`582.4`5 FEET TO A POINT ON THE CENTERLINE OF THE PROPOSED ACCESS ROAD NO. 1 AS SHOWN ON THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY MAP FOR STATE ROAD 95 (I-75) SHEET 8 OF 10; THENCE ALONG THE CENTERLINE OF THE PROPOSED ACCESS ROAD NO. 1, N 89'51'01"E A DISTANCE OF 100.00 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF A CANAL, SAID POINT ALSO BEING ON THE CENTERLINE OF THE PROPOSED ACCESS ROAD TO THE WATER TREATMENT PLANT PARCEL; THENCE ALONG SAID EASTERLY RIGHT-OF-WAY LINE OF SAID CANAL, S00'29'15"E A DISTANCE OF 50.00 FEET TO THE SOUTHWEST (SW) CORNER OF SAID OF THE PROPOSED ACCESS ROAD RIGHT-OF-WAY TO THE WATER TREATMENT PLANT PARCEL; THENCE ALONG THE SOUTHERLY LINE OF SAID ACCESS ROAD RIGHT-OF-WAY N89',51'O1"E A DISTANCE OF 454.28 FEET TO THE INTERSECTION OF SAID NORTHERLY LINE WITH THE WESTERLY BOUNDARY LINE OF THE WATER TREATMENT PLANT PARCEL; THENCE ALONG SAID WESTERLY BOUNDARY LINE S00'47'14"W A DISTANCE OF 69.5.82 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL. THENCE RUN S89'04'40"W A DISTANCE OF ,5,52.72 FEET; THENCE S02'46'25"W ALONG THE EASTERLY RIGHT-OF-WAY LINE OF GHITE LAKE BOULEVARD A DISTANCE OF 60.0.5 FEET; THENCE N89'O4'40"E ALONG A LINE 100.00 FEET SOUTHERLY OF AND PARALLEL WITH THE SOUTH LINE OF SAID WATER TREATMENT PLANT PARCEL A DISTANCE OF 1019.81 FEET; THENCE NOO'47'14"E A DISTANCE OF 60.02 FEET ; THENCE S89'04'40"W ALONG A DISTANCE OF 690.82 FEET TO THE POINT OF BEGINNING. SAID HEREIN DESCRIBED PARCEL CONTAINING 1.407 ACRES MORE OR LESS. SKETCH OF DESCRIPTION (THIS IS NOT A SURVEY) EASEMENT "B-I" (PARCEL 701) IFOR: SCRWTP REVERSE OSMOSIS EXPANSION COLLIER COUNTY, FLORIDA SDSK PROJECT: 0051800 CAD FILE: O051800.dwg DRAWN BY: S.F.R.N. STAFF// CHECKED BY: G RAYMAN // .DATE: 04/20/2001 JL Engineers · Surveyors · Mappers 1201 BELVEDERE ROAD, V~$T PALM BEACH, FLORIDA 3340§ PM (561)6§,5-1151 · FAX (56~)832L9590 · WWW. SFRNINC.COM BOOK N° SHEET: N.A. ~/'2 FLORIDA R.L RLS2632 SECllON 35, TOWNSHIP 4-9 SOUTH,~,~~'~ RAN6E 26 EAST. COLLIER COUNTY, FLORIDA LOCATION MAP N.T.~. 26 20.00'---~ N00'47'14": .@ U N 89'31 '01 "E 456.51' EXHIBIT A SECTION CORNER QUARTER SECTION CORNER P.O.B. POINT OF BEGINNING R.O.W. RIGHT-OF-WAY GRAPHIC SCALE 0 100 150 200 SCALE: 1 "=1 O0' o o GOLDEN GATE CANAL d d N89'11'12"E ~ N89'15'27"E 26 1920.65' 26 2641.68' S89'11 '12"W S89'15'27"W 1901.19' 2641.08' NOO'4T14"E 66.06' N89'31'01"E Cb ACCESS ~L~ 100.00' ROAD NO. 1 PERPETUAL, NON-EXCLUSIVE UTILITY EASEMENT OVER, UNDER, UPON AND ACROSS THE DESCRIBED PROPERTY (PARCEL 9O2) 34 135 I SKETCH IFOR: 35 '56 (PARCEL 902) OF DESCRIPTION (THIS IS NOT A SURVEY) UTILITY EASEMENT "C" SCRWTP REVERSE OSMOSIS EXPANSION COLLIER COUNTY, FLORIDA SDSK PROJECT: OO518OO1 CAD FILE: OO518OO. dwg ,~ SCALE: NOTED' ir DRAWN BY: S.F.R.N.STAFF// CHECKED BY: O. RAYMAN // JL Engineers · Surveyors · Mappers 1201 BEL'~DER£ ROAD, W~5"i" PAJ. M B[AO4, FLORIDA 33405 PH (~61)655-115t · FAX (5~1)832-9360 ~, ~hV~.~'~l~k~CO~u BOOK N° SHEET: N.A. ~2 FLORIDA RLS265. *G. /I (PARCEL 902) LEGAL DESCRIPTION - UTILITY EASEMENT "C" EXHIBIT PERPETUAL, NON-EXCLUSIVE ' UTILITY EASEMENT OVER, UNDER, UPON AND ACROSS THE DESCRIBED PROPERTY A PARCEL OF LAND 20.00 FEET WIDE BEING A PORTION OF SECTION ,35, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE QUARTER CORNER COMMON TO SECTIONS .34 AND 5.5, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, RUN THENCE NOO'29'15"W ALONG THE WEST LINE OF SAID SECTION 55 A DISTANCE OF 1582.4.3 FEET TO A POINT ON THE CENTERLINE OF THE PROPOSED ACCESS ROAD NO. 1 AS SHOWN ON THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY MAP FOR STATE ROAD 95 (I-75) SHEET 8 OF 10; THENCE ALONG THE CENTERLINE OF THE PROPOSED ACCESS ROAD NO. 1, N 89'51'01'% A DISTANCE OF 100.00 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF A CANAL, SAID POINT ALSO BEING ON THE CENTERLtNE OF THE PROPOSED ACCESS ROAD TO THE WATER TREATMENT PLANT PARCEL; THENCE ALONG SAID EASTERLY RIGHT-OF-WAY LINE OF SAID CANAL NOO°29'15"W A DISTANCE OF 50.00 FEET TO THE NORTHWEST (NW) CORNER OF SAID PROPOSED ACCESS ROAD RIGHT-OF-WAY TO THE WATER TREATMENT PLANT PARCEL; THENCE ALONG THE NORTHERLY LINE OF SAID ACCESS ROAD RIGHT-OF-WAY N89'51'O1"E A DISTANCE OF 456.51 FEET TO THE INTERSECTION OF SAID NORTHERLY LINE WITH THE WESTERLY BOUNDARY LINE OF THE WATER TREATMENT PLANT PARCEL; THENCE ALONG SAID WESTERLY BOUNDARY LINE NOO'O4'14"E A DISTANCE OF 994.98 FEET THENCE N51°50'28"E A DISTANCE OF 240.02 FEET; TO A POINT ON THE EASTERLY LINE OF A 170 FOOT WIDE FLORIDA POWER AND LIGHT (FP&L) RIGHT-OF-WAY AS DESCRIBED IN OFFICIAL RECORDS BOOK 681, PAGE 1210 COLLIER COUNTY RECORDS; THENCE ALONG SAID EASTERLY FP&L RIGHT-OF-WAY LINE, S58'50'05"E A DISTANCE OF 14.99 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL. THENCE LEAVING SAID FP&L RIGHT-OF-WAY RUN NOO'47'14"E A DISTANCE OF 75.65 FEET TO A POINT ON THE NORTH LINE OF THE NORTHWEST QUARTER (NW 1/4) OF SAID SECTION 55; THENCE N89°11'12"E ALONG SAID NORTH LINE A DISTANCE OF 1920.65 TO-THE NORTH QUARTER CORNER OF SAID SECTION .35; THENCE N89'lS'27"E ALONG THE NORTH LINE OF THE NORTHEAST QUARTER (NE 1/4) OF SAID SECTION 55 A DISTANCE 'OF 2641.68 FEET TO THE NORTHEAST (NE) CORNER OF SAID SECTION 55; THENCE ALONG THE EAST LINE OF SAID SECTION 35, S00'55'50"W A DISTANCE 20.01 FEET; THENCE S89'15'27"W ALONG A LINE 20.00 FEET SOUTHERLY OF AND PARALLEL WITH THE NORTH LINE OF THE NORTHEAST QUARTER (NE 1/4) OF SAID SECTION .35 A DISTANCE OF 264t.08 FEET; THENCE S89'11'12"W ALONG A LINE SOUTHERLY OF AND PARALLEL WITH THE NORTH LINE OF THE NORTHWEST QUARTER (NW 1/4)A DISTANCE OF 1901.19 FEET; THENCE S00'47'14"W A DISTANCE OF 66.06 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF SAID OF SAID FP&L RIGHT-OF-WAY; THENCE N58'50'O3"W ALONG SAID RIGHT-OF-WAY LINE A DISTANCE OF 25.26 FEET TO THE POINT OF BEGINNING. (PARCEL 902) SKETCH OF DESCRIPTION (THIS IS NOT A SURVEY) UTILITY EASEMENT "C" IFOR: SCRWTP REVERSE OSMOSIS EXPANSION COLLIER COUNTY, FLORIDA Engineers · Surveyors · Mappem 1201 BEL~DERE ROAD, WEST PALM BEACH. FLORIDA .33405 PH (5~1)655-11§1 · FAX (561)8,.12-9590 · W~A~,S~'RNINC.COIM SDSK PROJECT: 0051800' CAD FILE: O051800.dwg BOOK' N° SHEET: N.A. ~2 ~FSCALE: NOTED: DRAWN BY: S.F.R.N. STAFF// CHECKED.Y: G, RAYMAN // O^TE: 0, /20/2001 ,11,. FLORIDA R. RLS263, SECll0N 35, TOWNSHIP 49 SOUTH, RANGE 26 EAST. COUNTY, FLORIDA COLLIER N.T,S. 2 6 S89'11 '12"W 484.57' 484.13' N89'31 '01 "E 456.51' L~ 0 Z N89'31'O1"E 100.00' EXHIBIT A_ LEGEND SECTION CORNER I QUARTER SECTION CORNER P.O.B. POINT OF BEGINNING R.O.W. RIGHT-OF-WAY GRAPHIC SCALE 0 1 O0 150 200 SCALE: 1 "= 1 00' , P.O.b. ~I ACCESS ROAD NO. 1 N89'11'12"E 1920.65' ~ I I GOLDEN GATE CANAL N8g'15'27"E 2641,68' 35 PERPETUAL, NON-EXCLUSIVE UTILITY EASEMENT OVER, UNDER, UPON AND ACROSS THE DESCRIBED PROPERTY (PARCEL 903) I SKETCH OF DESCRIPTION (THIS I IS NOT A SURVEY) UTILITY EASEMENT "C-1" (PARCEL 903) SCRWTP REVERSE OSMOSIS EXPANSION COLLIER COUNTY, FLORIDA SDSK PROJECT: 0051800/ CAD FILE: 0051800. dwg ,.~ NOTED: DRAWN BY: S.F.R.N. STAFF CHECKED BY: G. RAYMAN DATE: 04/20/2001 Engineers · Surveyors · Mappers 12BI ~LV~DER~ ~OAD, EST P.*d.~ ~AC~. FTLORtOA ~ PM (561)655-1551 · FAX (~1)832-g390 * ~.~t'RNINC. COU BOOK N° ISHEET: N.Ao . ~2 RLS263 1TI:Il PG. 13 EXHIBIT.'. ,. PERPETUAL, NON-EXCLUSIVE UTILITY EASEMENT OVER, (PARCEL 903) UNDER, UPON AND ACROSS THE DESCRIBED PROPERTY LEGAL DESCRIPTION - UTILITY EASEMENT "C-1" A parcel of land 20.00 feet wide being a portion of Section 55, Township 49 South, Range 26 East, Collier County, Florida, being more particularly described os follows: Commencing at the Quarter Corner common to Sections 54 and 55, Township 49 South, Range 26 East, Collier County, Florida, run thence NOO"29'15"W along the West line of said Section 55 o distance of 1582.45 feet to o point on the centerline of the proposed Access Road No. 1 as shown on the State of Florida Department of Transportation Right-of-Way map for State Road 95 (I-75) sheet 8 of 10; thence along the centerline of the proposed Access Rood No. 1, N 89'51'01"E o distance of 100.00 feet to o point on the Easterly 'Right-of-Way line of a canal, said point also being on the centerline of the proposed access road to the Water Treatment Plant Parcel; thence along said Easterly Right-of-Way line of said canal NOO'29'15"W o distance of 50.00 feet to the Northwest (NW) corner of said proposed access road Right-of-Way to the Water Treatment Plant Parcel; thence along the Northerly line of said access road Right-of-way N89"51'O1"E a distance of 456.51 feet to the intersection of said Northerly line with the Westerly boundary line of the Water Treatment Plant Parcel; thence along said Westerly boundary line NOO°47'14"E a distance of 994.98 feet; thence continue NOO'47'14"E o distance of 268.51 feet to point on the North line of said Section .55 and POINT OF BEGINNING of the herein described parcel. Thence run S89°11'12"W along the North line of the Northwest Quarter of said Section 55 a distance of 484.57 feet thence S00'29'15"E along the Easterly Right-of-Way line of said canal a distance of 20.00 feet; thence N89'll'12"E along o line 20.00 feet southerly of and parallel with the North line of the Northwest Quarter (NW 1/4) of said Section 55 a distance of 484.15 feet; thence NOO"47'14"E a distance of 20.01 feet to the POINT OF BEGINNING. (PARCEL 9O3) SKETCH OF DESCRIPTION (THIS IS NOT A SURVEY) UTILITY EASEMENT "C-1' [rOR: SCRWTP REVERSE OSMOSIS EXPANSION SDSK PROJECT: 0051800' COLLIER COUNTY, FLORIBA CAD FILE: O051800.dwg *'SCALE: NOTED: DRAWN BY: S.F.R.N. STAFF CHECKED BY: O. RAYMAN DATE: 04/20/2001 Engineers · Surveyors · Mappers 1201 B~L~D~RIr ROAD, WEST PALM m'AOff, FLOR1DA 334.05 PH (5~I)B55-..1151 · F/~ (~1~32-g.t, g0 · W~W.S~'RNINC. CC]M BOOK N° SHEET: FLORIDA r.I RLS265; '-SECTION 35, TOWNSHIP 49 SOU'[H,~,~ RANGE 26 EAST. COLLIER COUNTY, FLORIDA L.OCA'rlON MAP Zu'3 26 GOLDEN GATE CANAL 20.1 89'51 '01 "E ~: II 100.00' 34 135 -- ~--CL ACCESS ROAD NO. 1 EXHIBIT_ _ LEGEND SECTION CORNER I QUARTER SECTION CORNER P.O.B. POINT OF BEGINNING R.O.W. RIGHT-OF-WAY GRAPHIC SCALE o 1OO 150 200 SCALE: 1 "= 1 OO' L~J o:3 N89'11 '12"E oo - o 40.00' "-"~ -,:r o ,::5 N89'11'12"E 15~¢'35'26 ~ ~ o 26 35 % PERPETUAL, NON-EXCLUSIVE UTILITY EASEMENT OVER, UNDER, UPON AND ACROSS THE DESCRIBED PROPERTY (PARCEL 904) SKETCH OF DESCRIPTION (THIS IS NOT A SURVEY) EASEMENT "D 1" I ' (PARCEL 904) ,..,25 36 FOR: SCRWTP REVERSE OSMOSIS EXPANSION COLLIER COUNTY, FLORIDA SDSK PROJECT: 0051800! CAD FILE: O051800.dwg ) SCALE: NOTED' DRAWN BY: S.F.R.N. STAFF CHECKED BY: O RAYMAN DATE: 04/26/2001 Engineers · Surveyom · Mappers 1201 E~LV[DE~ ROAD, EST PALM BEACH, FLO~OA 33405 BOOK N° SHEET: N.A. ~2 PG. /~,~ ExHIBIT_A__ (PARCEL 904) LEGAL DESCRIPTION - WELL SITE EASEMENT "D 1" A PARCEL OF LAND BEING A PORTION OF SECTION 55, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE QUARTER CORNER COMMON TO SECTIONS 54 AND 55, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, RUN THENCE NOO'29'15"W ALONG THE WEST LINE OF SAID SECTION 55 A DISTANCE OF 1582.45 FEET TO A POINT ON THE CENTERLINE OF THE PROPOSED ACCESS ROAD NO. t AS SHOWN ON THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY MAP FOR STATE ROAD 95 (I-75) SHEET 8 OF 10; THENCE ALONG THE CENTERLINE OF THE PROPOSED ACCESS ROAD NO. 1, N 89'51'01"E A ~ISTANCE OF 100.00 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF A CANAL, SAID POINT ALSO BEING ON THE CENTERLINE OF THE PROPOSED ACCESS ROAD TO THE WATER TREATMENT PLANT PARCEL; THENCE ALONG SAID EASTERLY RIGHT-OF-WAY LINE OF SAID CANAL NOO'29'15"W A DISTANCE OF 50.00 FEET TO THE NORTHWEST (NW) CORNER OF SAID PROPOSED ACCESS ROAD RIGHT-OF-WAY TO THE WATER TREATMENT PLANT PARCEL; THENCE ALONG THE NORTHERLY LINE OF SAID ACCESS ROAD RIGHT-OF-WAY N89'51'O1"E A DISTANCE OF 456.51 FEET TO THE INTERSECTION OF SAID NORTHERLY LINE WITH THE WESTERLY BOUNDARY LINE OF THE WATER TREATMENT PLANT PARCEL; THENCE ALONG SAID WESTERLY BOUNDARY LINE NOO'47'14"E A DISTANCE OF 994.98 FEET TO A POINT ON THE WESTERLY LINE OF A 170 FOOT WIDE FLORIDA POWER AND LIGHT.(FP&L) RIGHT-OF-WAY AS DESCRIBED IN OFFICIAL RECORDS BOOK 681, PAGE 1210 COLLIER COUNTY RECORDS; THENCE ALONG SAID WESTERLY FP&L RIGHT-OF-WAY LINE, N51'50'28"E A DISTANCE OF 70.02 FEET; THENCE CONTINUING ALONG SAID WESTERLY FP&L RIGHT-OF-WAY LINE, S58'50'05"E A DISTANCE OF 116.00 FEET ; 'THENCE LEAVING THE BOUNDARY OF SAID WATER TREATMENT PLANT PARCEL RUN NOO'47'14"E A DISTANCE OF 271.56 FEET TO A POINT ON THE NORTH LINE OF THE NORTHWEST QUARTER (NWl/4) OF SAID SECTION 55; THENCE N89'11'12"E ALONG SAID NORTH LINE A DISTANCE OF 1555.00 FEET; THENCE S00'48'48"e A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING. THENCE CONTINUE S00'48'48"E AT RIGHT ANGLES TO THE NORTH LINE OF THE NORTHWEST QUARTER (NWl/4)OF SAID SECTION 55 A DISTANCE OF 40.00 FEET; THENCE S89'11'12'W PARALLEL WITH SAID NORTH LINE A DISTANCE OF 40.00 FEET; THENCE NOO'48'48"W A DISTANCE OF 40.00 FEET; THENCE N89'11'12"E A DISTANCE OF 40.00 FEET TO THE POINT OF BEGINNING. PERPETUAL, NON-EXCLUSIVE UTILITY EASEMENT OVER, UNDER, UPON AND ACROSS THE DESCRIBED PROPERTY (PARCEL 904) SKETCH OF DESCRIPTION (THIS IS NOT A SURVEY) EASEMENT "D 1" '"FOR: SCRWTP REVERSE OSMOSIS EXPANSION COLLIER COUNTY, FLORIDA 'SCALE: NOTED: DRAWN BY: S.F.R.N. STAFF CHECKED BY: O. RAYMAN DA~: 04/20/2001 Engineers · Surveyors · Mappers 1201BF.L~:O~:RE ROAD, ~5T pAUl BEACH. f'LO~IDA 35405 PH · FAX (5~1~32-g390 · W~wL~rRNINC.COM SDSK PROJECT: 0051800 CAD FILE: O051800.dwg BOOK N° SHEET: N.A. ~'"2 FLORIDA SECTION 35, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA LOCATI~ ~ GOLDEN GATE CANAL 20.00' --- 27 26 35 ,EXHIBIT .... A LEGEND ~ i~ SECTION CORNER I QUARTER SECTION CORNER P.O.B. POINT OF BEGINNING R,O.W. RIGHT-OF-WAY GRAPHIC SCALE 0 1 O0 150 200 o N89'11'12"E ~ 40.00' ~ [N89~ll'12"E 1555.00' N89'11'12"E 100.00' SCALE: 1 "=1 OO' L~J O O .26 ~ 1 ~35 TEMPORARY ACCESS AND CONSTRUCTION EASEMENT 26 55% (PARCEL 704) I '"" 35 I (PARCEL 704) (THIS IS NOT A SURVEY) EASEMENT "D 2" ~25 b~36 36 SCRWTP REVERSE OSMOSIS EXPANSION COLLIER COUNTY, FLORIDA SDSK PROJECT: 0051800 CAD FILE: O051800. dwg NOTED: DRAWN BY: S.F.R.N. STAFF CHECKED BY: O. RAYMAN DA~: 04/20/2001 Engineers · Surveyors · Mappers 1201 BEL~,~DE~E ROAD, ~5-T PN.M BEACH, FLOR~OA 3.3405 PH (561)655-1151 · FAX (561)852-9390 · WW'N.~"RNINC. COM BOOK N° J SHEET: FLORIDA R, RLS263 .,C EXHIBIT Izof LEGAL DESCRIPTION - TEMPORARY CONSTRUCTION EASEMENT "D 2" (PARCEL 704) A PARCEL OF LAND WIDE BEING A PORTION OF THE OF SECTION 55, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE QUARTER CORNER COMMON TO SECTIONS 54: AND ,35, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, RUN THENCE NOO'29'15"W ALONG THE WEST LINE OF SAID SECTION 55 A DISTANCE OF 1,382.45 FEET TO A POINT ON THE CENTERLINE OF THE PROPOSED ACCESS ROAD NO. 1 AS SHOWN ON THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY MAP FOR STATE ROAD 95 0-75) SHEET 8 OF 10; THENCE ALONG THE CENTERLINE OF THE PROPOSED ACCESS ROAD NO. 1, N 89'51'01"E A DISTANCE OF 100.00' FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF A CANAL, SAID POINT ALSO BEING ON THE CENTERLINE OF THE PROPOSED ACCESS ROAD TO THE WATER TREATMENT PLANT PARCEL; THENCE ALONG SAID EASTERLY RIGHT-OF-WAY LINE OF SAID CANAL NOO°29'lS"W A DISTANCE OF 50.00 FEET TO THE NORTHWEST (NW) CORNER OF SAID PROPOSED ACCESS ROAD RIGHT-OF-WAY TO THE WATER TREATMENT PLANT PARCEL; THENCE ALONG THE NORTHERLY LINE OF SAID ACCESS ROAD RIGHT-OF-WAY N89'31'O1"E A DISTANCE OF 456.51 FEET TO THE INTERSECTION OF SAID NORTHERLY LINE WITH THE WESTERLY BOUNDARY LINE OF THE WATER TREATMENT PLANT PARCEL; THENCE ALONG SAID WESTERLY BOUNDARY LINE NOO'O4'14"E A DISTANCE OF 994.98 FEET TO A POINT ON THE WESTERLY LINE OF A 170 FOOT WIDE FLORIDA POWER AND LIGHT (FP&L) RIGHT-OF-WAY AS DESCRIBED IN OFFICIAL RECORDS BOOK 681, PAGE 1210 COLLIER COUNTY RECORDS; THENCE ALONG SAID WESTERLY FP&L RIGHT-OF-WAY LINE, N51'30'28"E A DISTANCE OF 70.02 FEET; THENCE CONTINUING ALONG SAID WESTERLY FP&:L RIGHT-OF-WAY LINE S58'50'05'E A DISTANCE OF 116.00 FEET ; THENCE LEAVING THE BOUNDARY OF SAID WATER TREATMENT PLANT PARCEL RUN NOO°47'14"E A DISTANCE OF 271.,36 FEET TO A POINT ON THE NORTH LINE OF THE NORT. HWEST QUARTER (NW ~) OF SAID SECTION 55; THENCE N89°11'12"E ALONG SAID NORTH LINE A DISTANCE OF 1555.00 FEET; THENCE S00'48'40"E A DISTANCE OF 60.00 FEET TO THE POINT OF BEGINNING. THENCE CONTINUE S00'48'48"E AT RIGHT ANGLES TO SAID NORTH LINE A DISTANCE OF 60.00 FEET; THENCE S89'11'12"W PARALLEL WITH THE NORTH LINE OF THE NORTHWEST QUARTER (NWl/4) OF SAID SECTION 55 A DISTANCE OF 100.00 FEET; THENCE NOO'48'48"W A DISTANCE OF 100.00 FEET; THENCE N89°11'12"E PARALLEL WITH THE NORTH LINE OF SAID SECTION 15 A DISTANCE OF 60.00 FEET; THENCE S00'48'48"E A DISTANCE OF 40.00 FEET; THENCE N89'11'12"E A DISTANCE OF 40.00 FEET TO THE POINT OF BEGINNING. TEMPORARY ACCESS AND CONSTRUCTION EASEMENT (PARCEL 704) SKETCH OF DESCRIPTION (THIS IS NOT A SURVEY) EASEMENT "D 2" SCRWTP REVERSE OSMOSIS EXPANSION COLLIER COUNTY, FLORIDA SDSK PROJECT: 0051800 CAD FILE: 0051800.dwg DA'rE: 04/20/2001 )L Engineers. Surveyors · Mappers 120t 8[L'~D[I~ ROAD. ~$T PAU,¢ ~[A(::H, FLORIDA 33405 PH (561)~55-I1§1 · FAX (561)832~g3gO · IW~L~RNINC.C(~ BOOK N° FLORIDA SECTION 35, TOWNSHIP 49 SOUTH,~,O,~,~ RANGE 26 EAST. COLLIER COUNTY~ FLORIDA LOCA'IIO~ ~ 27 26 EXHmrr Page LEGEND SECTION CORNER OUARTER SECTION CORNER P.O.B. POINT OF BEGINNING GRAPHIC SCALE R.O.W. RIGHT-OF-WAY o lOG 15o 200 SCALE: 1 "=100' .54 155 I SKETCH N89'31 '01 "E 456.51' N89'15'27"E GOLDEN GATE CANAL N89'11'12"E '~~"~ i~ Fi20'00'~ ~-- ~ 1920.65', ~o ,,o c5 S89'15 27 ,W (PARCEL 905) N89'51'O1"E~ 6c ACCESS 100.00' ROAD NO. 1 PERPETUAL, NON-EXCLUSIVE UTILITY EASEMENT OVER, UNDER, UPON AND ACROSS THE DESCRIBED PROPERTY 26 35~, I OF DESCRIPTION (THIS IS NOT A SURVEY) EASEMENT "E 1" (PARCEL 905) ~,.25 ¢'36 56 SCRWil-' REVERSE OSMOSIS EXPANSION SDSK PROJECT: 0051800 COLLIER COUNTY, FLORIDA CAD FILE: 0051800.dwg SCALE: NOTED: DRAWN BY: S.F.R.N. STAFF CHECKED BY: G. RAYMAN DAm: O4/20/2001 Engineers. Surveyors · Mappers 1201 BEL'~RE RO~4). WE~T PALI.I BEACH, FLOR~A 33405 PH (~1)655-11§1 · FAX (~1)8.32-9~90 · WWW,~FRNINC. COM BOOK N° SHEET: N.A. RLS263: LEGAL DESCRIPTION - WELL SITE EASEMENT "E 1" (PARCEL 905) A PARCEL OF LAND BEING A PORTION OF SECTION 55, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE QUARTER CORNER COMMON TO SECTIONS 5~- AND 55, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, RUN THENCE NOO'29'15"W ALONG THE WEST LINE OF SAID SECTION 55 A DISTANCE OF 1.382.45 FEET TO A POINT ON THE CENTERLINE OF THE PROPOSED ACCESS ROAD NO. 1 AS SHOWN ON THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY MAP FOR STATE ROAD 95 0-75) SHEET 8 OF 10; THENCE ALONG THE CENTERLINE OF THE PROPOSED ACCESS ROAD NO. 1, N 89'51'01"E A DISTANCE OF 100.00 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF A CANAL, SAID POINT ALSO BEING ON THE CENTERLINE OF THE PROPOSED ACCESS ROAD TO THE WATER TREATMENT PLANT PARCEL; THENCE ALONG SAID EASTERLY RIGHT-OF-WAY LINE OF SAID CANAL NOO'29'15"W A DISTANCE OF 50.00 FEET TO THE NORTHWEST (NW) CORNER OF SAID PROPOSED ACCESS ROAD RIGHT-OF-WAY TO THE WATER TREATMENT PLANT PARCEL; THENCE ALONG THE NORTHERLY LINE OF SAID ACCESS ROAD RIGHT-OF-WAY N89'51'O1"E A DISTANCE OF 456.51 FEET TO THE INTERSECTION OF SAID NORTHERLY LINE WITH THE WESTERLY BOUNDARY LINE OF THE WATER TREATMENT PLANT PARCEL; THENCE ALONG SAID WESTERLY BOUNDARY LINE NOO'47'14"E A DISTANCE OF 994.98 FEET TO A POINT ON THE WESTERLY LINE OF A 170 FOOT WIDE FLORIDA POWER AND LIGHT (FP&:L) RIGHT-OF-WAY AS DESCRIBED IN OFFICIAL RECORDS BOOK 681, PAGE 1210 COLLIER COUNTY RECORDS; THENCE ALONG SAID WESTERLY FP&:L RIGHT-OF-WAY LINE, N51'50'28"E A DISTANCE OF 70.02 FEET; THENCE CONTINUING ALONG SAID WESTERLY FP&:L RIGHT-OF-WAY LINE S58'30'05"E A DISTANCE OF 116.00 FEET ; THENCE LEAVING THE BOUNDARY OF SAID WATER TREATMENT PLANT PARCEL RUN NOO'47'14"E A DISTANCE OF 271.56 FEET TO A POINT ON THE NORTH LINE OF THE NORTHWEST QUARTER (NWl/4) OF SAID SECTION 55; THENCE N89'11'12"E ALONG SAID NORTH LINE A DISTANCE OF 1920.65 FEET TO THE NORTH QUARTER CORNER OF SAID SECTION 55; THENCE N89'lS'27"E ALONG THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION .35 A DISTANCE 1149..35 FEET; THENCE S00'44'55"E A DISTANCE OF 20,00 FEET TO THE POINT OF BEGINNING. .THENCE CONTINUE S00'44'55"E AT RIGHT ANGLES TO SAID NORTH LINE, A DISTANCE OF 40.00 FEET; THENCE S89'15'27"W PARALLEL WITH THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 55 A DISTANCE OF 40.00 FEET; THENCE NOO'44'53"W A DISTANCE OF 40,00 FEET; THENCE N89'15'27"E A DISTANCE OF 40.00 FEET TO THE POINT OF BEGINNING. PERPETUAL, NON-EXCLUSIVE UTILITY EASEMENT OVER, UNDER, UPON AND ACROSS THE DESCRIBED PROPERTY (PARCEL 905) SKETCH OF DESCRIPTION (THIS IS NOT A SURVEY) EASEMENT "E 1" FoR: SCRWTP REVERSE OSMOSIS EXPANSION COLLIER COUNTY, FLORIDA SDSK PROJECT: 0051800! CAD FILE: 0051800.dwg J '~ SCALE:J NOTED: DRAWN BY: S.F.R.N. STAFF CHECKED BY: O. RAYMAN DATE: 04/20/2001 Engineers. Surveyors · Mappers 1201 8EL~OERE ROAD, ~I[ST PALM BEACh, FLORIDA 3~405 PI't (561)6§5-11~1 · FAX (561)832-g3go · ~.~FRNINC,COU ROOK N° FLORIDA R.L RLS263,~ SHEET~,'/2 SECTION 35. TOWNSHIP 49 SOUTH,~,~'/ RANGE 26 EAST. COLLIER COUNTY, FLORIDA · · I_OOA'II(~ MAP kL'r. S. GOLDEN GATE CANAL 27 26 89'31 '01 "E ~ I - 100.00' 34 135 EXHIBIT .... A Pa~e L5 ~ 18._ LEGEND ~ ~ SECTION CORNER I QUARTER SECTION CORNER P.O.B.POINT OF BEGINNING GRAPHIC SCALE R.0.W. RIGHT-OF-WAY o lOO 150 N89'15'27"E 40.00' '-"% N89'll'12"E N89'lE'27"E 20.00'-.- t--~920.6~' ~26 ~1~.9.3~' a,~_- ""-- ' I, "~" 35_~ "'l'N89'15'~7"E ~ ~ / / ""~_ ',oo.oo' · "¢-" ?8' .,, '~'-.f.Z~,Job¢,,,,'7'' (PARCEL 705) q89 31 01 E ?;,-; 3%, ~" ,q-::)O. ::)/ ' D' ACCESS ~OAO .o.~ SCALE: 1 "=100' 200 , ¢ 35 %~:-36 o TEMPORARY ACCESS AND CONSTRUCTION EASEMENT SKETCH OF DESCRIPTION (THIS IS NOT A SURVEY) EASEMENT "E 2" ! (PARCEL 705) 36 IFOR: SCRWTP REVERSE OSMOSIS EXPANSION COLLIER COUNTY, FLORIDA SDSK PROJECT: CAD FILE: 0051800. dwg DRAWN BY: S.F.R.N. STAFF/ CHECKED BY: C;. RAYMAN / DATE: 04/20/2001 J Engineers · Surveyors · Mappers 1201 I~[LVEDF. RE ROAD, WIST PaLM B[ACH, FL~R1DA 33405 PM (~1)~,~5-t151 · FAX (561)832-9390 · WWW. SFR~NC, CO~ BOOK N° SHEET: Ixl. A. 1/2 ,~. ..2I EXHIBIT_.A_ LEGAL DESCRIPTION - TF.,MPORARY CONSTRUCTION EA$1~MENT "E 2" (PARCEL 705) A PARCEL OF LAND BEING A PORTION OF THE OF SECTION 55, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE QUARTER CORNER COMMON TO SECTIONS .34 AND 55, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, RUN THENCE NOO'29'15"W ALONG THE WEST LINE OF SAID SECTION 55 A DISTANCE OF 1582.45 FEET TO A POINT ON THE CENTERLINE OF THE PROPOSED ACCESS ROAD NO. 1 AS SHOWN ON THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY MAP FOR STATE ROAD 9.3 (I-75) SHEET 8 OF 10; THENCE ALONG THE CENTERLINE OF THE PROPOSED ACCESS ROAD NO. 1, N 89'.31'01"E A DISTANCE OF 100.00 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF A CANAL, SAID POINT ALSO BEING ON THE CENTERLINE OF THE PROPOSED ACCESS ROAD TO THE WATER TREATMENT PLANT PARCEL; THENCE ALONG SAID EASTERLY RIGHT-OF-WAY LINE OF SAID CANAL NOO°29'15"W A DISTANCE OF 50.00 FEET TO THE NORTHWEST (NW) CORNER OF SAID PROPOSED ACCESS ROAD RIGHT-OF-WAY TO THE WATER TREATMENT PLANT PARCEL; THENCE ALONG THE NORTHERLY LINE OF SAID ACCESS ROAD RIGHT-OF-WAY N89'51'O1"E A DISTANCE OF 456.51 FEET TO THE INTERSECTION OF SAID NORTHERLY LINE WITH THE WESTERLY BOUNDARY LINE OF THE WATER TREATMENT PLANT PARCEL; THENCE ALONG SAID WESTERLY BOUNDARY LINE NOO'O4'14"E A DISTANCE OF 994.98 FEET TO A POINT ON THE WESTERLY LINE OF A 170 FOOT WIDE FLORIDA POWER AND LIGHT (FP&L) RIGHT-OF-WAY AS DESCRIBED IN OFFICIAL RECORDS BOOK 681, PAGE 1210 COLLIER COUNTY RECORDS; THENCE ALONG SAID WESTERLY FP&L RIGHT-OF-WAY LINE, N31'50'28"E A DISTANCE OF 70.02 FEET; THENCE CONTINUING ALONG SAID WESTERLY FP&L RIGHT-OF-WAY LINE S58'50'03"E A DISTANCE OF 116.00 FEET ; THENCE LEAVING THE BOUNDARY OF SAID WATER TREATMENT PLANT PARCEL RUN NOO'47'14"E A DISTANCE OF 271.56 FEET TO A POINT ON THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 55; THENCE N89'11'12"E ALONG SAID NORTH LINE A DISTANCE OF 1920.65 FEET TO THE NORTH QUARTER CORNER OF SAID SECTION .35; THENCE N89'15'27"W ALONG THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION `35 A DISTANCE OF 1149.`35 FEET; THENCE S00'44'45"E A DISTANCE OF 60.00 FEET TO THE POINT OF BEGINNING. THENCE CONTINUE S00'44'5`3"E AT RIGHT ANGLES TO SAID NORTH LINE A DISTANCE OF 60.00 FEET; THENCE N89'15'27"E PARALLEL WITH THE NORTH LINE OF THE NORTHEAST QUARTER (NE 1/4) OF SAID SECTION 55 A DISTANCE OF 100.00 FEET; THENCE NOO°44'55"W A DISTANCE OF 100.00 FEET; THENCE N89'15'27"E PARALLEL WITH SAID NORTH LINE A DISTANCE OF 60.00 FEET; THENCE S00'44'35"E A DISTANCE OF 40.00 FEET; THENCE N89'15'27"E A DISTANCE OF 40.00 FEET TO THE POINT OF BEGINNING TEMPORARY ACCESS AND CONSTRUCTION EASEMENT SKETCHOF DESCRIPTION (THIS IS NOT A SURVEY) EASEMENT FoR: SCRWTP REVERSE OSMOSIS EXPANSION (PARCEL 705) "E 2" SDSK PROJECT: 0051800~ CAD FILE: 0051800. dwg ) COLLIER COUNTY, FLORIDA SCALE: NOTED: DRAW~ BY: S.F.R.N. STAFF CHECKED BY: G RAYMAN DATE:: 04/20/2001 Engineers · Surveyors · Mappers 120~ ~EL~D£D[ ROAD, WEST PALkt BEACH, FLORIDA 3~405 PH (561)~5§-1151 · FAX (561)/~'~2-gSgO · BOOK N° FLORIDA SHEET: SECTION ,35, TOWNSHIP 49 SOUTH, RANGE 26 EAST. ,~ · COLLIER COUNTY, FLORIDA lOCATION MAP EXHIBIT Page 17 _al: LEGEND ~ ~ SECTION CORNER I QUARTER SECTION CORNER P.O.B. POINT OF BEGINNING NOT TO SCALE R.O.W, RIGHT-OF-WAY (PARCEL 9O6) PERPETUAL, NON-EXCLUSIVE UTILITY EASEMENT OVER, UNDER, UPON AND ACROSS THE DESCRIBED PROPERTY 27 ---4 54 26 35 _o ~ S00'28'59"E Yo ~ 50.00' ~ N89'31'01"E 383.9.~' S89'31'01"W 362.15' 35 UTILITY EASEMENT ~S00'47'14"W ./i/ 20.00' "F-l" (?A, I 26 55"" WATER TREATMENT PARCtL 35 ! 36 ff36 SKETCH OF DESCRIPTION (THIS IS NOT A SURVEY) UTILITY EASEMENT "F-I" (PARCEL 906) foR: SCRWIP REVERSE OSMOSIS EXPANSION SDSK PROJECT:oo 18oo]1 COLLIER COUNTY, FLORIDA CAD FILE: O051800A. dwgJ~ NOTED: DRAWN BY: S.F.R.N. STAFF CHECKED BY: C. RAYMAN DATE: 04/20/2001 Engineers · Surveyors · Mappers 1201 BELVEDE:R~ t~l~), ~:~i' PALM BEACH, FLC~IDA PH (5~1)6~-11~'1 · FAX (5~I)832-9390 · N.A. ~ RLS2633 SHEET: PG, EXHIBIT A, LEGAL DESCRIPTION - UTILITY EASEMENT "F-l" A p(]rcel of land 20.00 feet wide being a portion of Section .35, Township 49 South, Range 26 East, Collier County, Florida. Being more particularly described os follows: Commencing at the Quarter Corner common to Sections 54 and .35, Township 49 South, Range 26 East, Collier County, Florida, run thence N00'29'15"W along the West line of said Section 55 distance of 1582.4.3 feet to o point on the centerline of a proposed Access Rood thence along the centerline of the proposed Access Road, N 89'.31'01"E a distance of 170.54 feet; thence S00'28'59"E a distance of 50.00 feet to the Southwest (SW) corner of said of the proposed access road Right-of-Way to the Water Treatment Plant Parcel and POINT OF BEGINNING. Thence along the Southerly line of said access rood Right-of-way N89'51'01"E a distance of .385.95 feet; thence S00'47'14"W a distance of 20.00 feet; thence S89'31'01"W along a line 20.00 feet Southerly of and parallel with the Southerly line of said access road a distance of .382.15 feet; thence N04'21'08"W along the Easterly Right-of-Way line of a canal, a distance of 20.05 feet to the POINT OF BEGINNING. PERPETUAL, NON-EXCLUSIVE UTILITY EASEMENT OVER, UNDER, UPON AND ACROSS THE DESCRIBED PROPERTY (PARCEL 906) (PARCEL 9O6) SKETCH OF DESCRIPTION (THIS IS NOT A SURVEY) UTILITY EASEMENT 'F-I" -~-oR: SCRWTP REVERSE OSMOSIS EXPANSION SDSK PROJECT: OO51800~ · COLLIER COUNTY, FLORIDA CAD FILE: O051800A. dwg ) 'SCALE: NOTED: DRAWN BY: S.F.R.N, STAFF CHECKED BY: G, RAYMAN DATE: 04/20/2001 Engineers · Surveyors · Mappers 1201 B£LVED£R[ ROAD, W£$T P/4.bl DEAC~'t, FLORIDA 55405 PH (§6t~55-11§1 · FAX (561)852-9390 · WW~.~'RNINC, CO~J BOOK N° SHEET: N.A. FLORIDA EXECUTIVE SUMMARY STATUS REPORT REGARDING ACQUISITION OPTIONS FOR PROPERTY LOCATED IN THE BAREFOOT BEACH PARK PRESERVE OBJECTIVE: To update the Board on the actions taken to date in evaluating acquisition options for the remaining parcel of privately owned property within the Barefoot Beach Park Preserve. CONSIDERATION: On February 13, 2001, the County Commission directed staff to develop options for the acquisition of the sole remaining parcel of privately owned land within the Barefoot Beach Park Preserve and report back to the Board within 60 days. Pursuant to this directive, staff has taken the following actions in pursuit of this property: 1. A title commitment on the property has been ordered, received and reviewed by the County Attorney's Office and the Real Property Management Department. Proposals have been solicited and received from two real estate appraisal firms to perform independent market value appraisals on the property. Both appraisers have also recommended that the County should hire an expert professional land planner if condemnation is expected. Initial professional service fees, prior to condemnation and litigation-related services, are expected to run between $40,000 and $50,000. The County Attorney's Office has concluded that the use of Tourist Development Taxes is probably a legal and appropriate source of funds for this acquisition. However, under the circumstances, the County Attorney requests direction to obtain a formal opinion from the Florida Attorney General's Office regarding this issue. Staff has participated both directly and indirectly with retained legal counsel, Nancy Linnan, Esq. of the Law Firm of Carlton Fields, in several discussions with State officials to determine the State's interest in acquiring this property and the specific ways in which they are prepared to assist in the acquisition. Initial response from the State indicates an unwillingness to exercise its powers of eminent domain in acquiring the subject property. However, State officials have assisted County staff in identifying potential sources of State funds that could be used to reimburse a local government that acquires qualifying land, even if by condemnation. However, the availability of funds will not be known until the end of the current Legislative Session in eddy May. o State officials, along with retained counsel, have also suggested that the County consider using the services of an experienced third party, not-for-profit land acquisition organization to lead and/or assist in negotiations with the property These agencies are well regarded by the State and are very knowledgeable abotht various acquisition strategies and available funding sources. Staff will continue to evaluate this option. Staff will provide another update on this project within 90 days. FISCAL IMPACT: The estimated cost of the required market appraisals, if and when authorized, is $50,000. GROWTH MANAGEMENT IMPACT: Acquisition of this property for preservation purposes is consistent with and furthers Objective 1.3 of the Recreation and Open Space Element of the Collier County Growth Management Plan, RECOMMENDATION: It is recommended that the Board accept this status report and that the Board direct the County Attorney to seek the Attorney General's opinion regarding the use of Tourist Development Taxes for acquisition of the subject property. SUBMITTED BY: REVIEWED BY: Leo E. Ochs, Jr. /,," Public Services Adm~ni~t/rator ~aamiro Manalic~' ~ ' - - Chief Assistant County Attorney LH t-I-OI EXECUTIVE SUMMARY BOARD OF COUNTY COMMISSIONERS' CONSIDERATION OF NEWPAPER ADVERTISEMENT OF THE BOARD'S AGENDA INDEX OBJECTIVE: The Board of County Commissioners consideration of publicizing the Board's agenda index in the Naples Daily News. CONSIDERATIONS: In the past, the Board's 10-15 page agenda index was published in its entirety in the Naples Daily News on the Sunday prior to the Tuesday Board meeting at no cost. This was discontinued when the Naples Daily News began to charge the County because of the cost. Instead of publishing the entire index, the County opted to publish an informational notice on the Sunday prior to each meeting, at the cost of only $267.60 that details times of broadcast and place where the agenda may be viewed. A sample notice is attached. Many steps have been taken to inform the public and make the agenda more accessible to the public. The agenda is available on the Internet at wwwcolliergov.net (County-Wide Web). For those who do not have Internet access, the full agenda package is made available at: · All library branches including the Marco Island and Immokalee branches. Copies of the agenda index are available for pickup at no cost at: · The Public Information Desk of the W. Harmon Turner Building. · The full text is also available for review at the Clerk of Courts Minutes and Records Office and at any County Division Office. ' The Information is also available to the public via Channel 54. The index is scrolled in its entirety on Channel 54 at 12 times certain on Friday, Saturday, Sunday and Monday prior to the Board meeting. To publish the full index in the Sunday edition of the Naples Daily News: · The cost would be approximately $3,700 per meeting. The Board meets on an average of 21 times per year which would bring the total annual cost to $77,700. · Using the Saturday edition would cost approximately $2,900 per meeting or an annual total of approximately $60,900. Staff has researched the possibility and cost of printing the agenda in other local weekly publications including: The Immokalee Bulletin - Total annual cost - approximately $15,000 · I- A'C,[J~A IT.p~ · The Golden Gate Gazette -Total annual cost- $10,416 NAY 0 8 2001 · The Everglades Echo-Total annual cost - $5,376 pg, // In each of the above three instances, these publications require eight days lead time. Since the information is not available until late Wednesday prior to the Tuesday Board meeting, the possibility of using these outlets is effectively eliminated. However, staff continues to look for other avenues of communication. PUBLIC NOTICE ~ Co- e- --County Government [ Agenda Notice * Residents interested in reviewing the agenda for the Board of County Commissioners meeting scheduled for Tuesday, April 10, 2001 can view the full document on Channel 54 beginning on Friday, April 6, Saturday, April 7, Sunday, April 8, and Monday, April 9 at 9 a.m., 5 and 10 p.m. * The agenda is also available for perusing on the Intemet at the Collier County government website: co.collier.fl.us/bcc/agenda, htm * For those who do not have access to Channel 54 or the Intemet, the agenda will be available for review at the Immokalee and Everglades City libraries, which receive copies on the Monday preceding each meeting. Other public libraries throughout the county make the agenda available to residents as well. * For additional information, call the Collier County Department of Public Information at 774-8999. No. 99474520 April 8, 2001 "o._/¥ HAY 0 8 2001 Pg.__ FISCAL IMPACT: None associated with this recommendation. GROVVTH MANAGEMENT IMPACT: None associated with this recommendation. RECOMMENDATION: Staff recommends that the Board of County Commissioners not consider the publication of the Board's agenda index in the Naples Daily News due to the costs involved and the extensive amount of public notification done through the Internet, television and library. Reviewed by ,J~an Merritt, Direct6r Department of Public Information Approved by [///it~.'"'~ Date Jo-Anne Varcoe-Leamer, Administrator Suppod Se~ices Division Date Attachments HAY 0 8 2001 ,~~ Monday, Tuesday, Wednesday, Thursday, Friday, Saturday, Sunday, April 2 April 3 April 4 April 5 April 6 April 7 April 8 CCG CCG CCG Bulletin CCG CCG CCG CCG Bulletin Midnight/9:00 Bulletin Bulletin Board Bulletin Board Bulletin Board Bulletin Board 8:00 am Board Board ~ of Coum~y% Board Commissioners ) 8:30 am Justice for Justice For Environmental Big Cypress ~5~'~rd of~".,x, 9:00 am All All Advisory Basin Board // County ~ SS & Other SS & Other Council Re?lar Meetin~ Commissioners/ Commissioners) 9:30 am Good Things Good Regular _l\ [: ~ Agenda ~J(' Agenda~ Things Meeting 10/0-.4LLQL0_!.~~ " -AL10/02----'-'~ County County L1VE 10:00 am Highlights Highlights On The Job On The Job Additional 10:30 am Programming Crossroads Crossroads Time Crossroads Crossroads 11:00 am Cafe Cafe Permitting Cafe Cafe 11:30 pm Collier 2001 Collier 2001 Collier County Collier County Collier County Planning Planning Planning 12:00 Noon Community Water Issues Commission Commission Commission Health Town Town Hall Regular Replay 4 5 Repla.x 4 5 12:30 pm Hall Meeting Meeting Meeting Repla.x LIV[- Time Time 1:00 pm ~ 28 01 Permitting Permitting Additional Environmental Environmental 1:30 pm Programming Advisory Advisory .... '0 pm Growth Growth Time Army Corp of Council Council Management Management Permitting Engineers _..~0 pm Workshop Workshop .. Community 3/16/01 3/16/01 Meeting In Golden Gate 3:00 pm Repla3 3:30 pm 4:00 pm 4:30 pm ~l~oar~of ~ ~ 5:00 pm ( County ~ ~,ounty )~ County Commissioners [ )Commission.~ Commissioner~/ 5:30 pm ~4/10~-Age~ X Agenda J Waterways Waterways Marco Island Collier County 4/10/01 6:00 pm city Council Planning Time Time 6:30 pm Meeting Commission Permitting Permitting Rcpla.x Regular Environmental Army Corp of Meeting Big Cypress Advisor3' Engineers 7:00 pm Additional Replay Basin Board Council Community Justice For Justice For Programming Repla5 Meeting 7:30 pm All All Time Permitting Additional Golden Gate Programming R cpla,x 8:00 pm Collier 2001 Collier 2001 Time Behind The Behind The Permitting Badge Badge SS & Other SS & Other Time Time 8:30 pm Good Things Good Permitting Permitting Things Big Cypress Big Cypress County County Basin Board Basin Board ~q:.00 pm Highlights Highlights Meeting On The Job On The Job Rcpla3 4 t~ ol R/~l{:Ja~ 4 t, I)~ ..~\' 3 pm \ --' Crossroads Crossroads -W6~rd of County ~ IqAY 10:00 pm Cafe Cafe / Commissioners 10:30 pm Community Water IssuesL Agenda 4/10J p~. Health Town Town Hall "~ /BCC Agend"a-x ,.BC"C Agenda'"~ Hall Meeting ( 11:00 pm Meeting Rcpla3 4/10/01 q Monday, Tuesday, Wednesday, Thursday, Friday, Saturday, Sunday, , April 9 April 10 April 11 April 12 April 13 April 14 April 15 Midnight/9:00 CCG Bulletin CCG Bulletin CCG Bulletin CCG Bulletin CCG Bulletin CCG Bulletin CCG Bulletin Board Board Board Board Board Board Board 8:00 am Board of Board of County County 8:30 am Commissioners Commissioners Development Development 9:00 am Board of Board of Tourist Board of Board of Review Review County County' Development County, County Process Process 9:30 am ..~--mvm~sioners Commissioners Council Meeting Commissioners Commissioners Workshop Workshop Agenda~ Regular Replay Development Development Meeting Replay 10:00 am 4.,'11/01 \ Meeting 4/9/01 Review Review Replay 4/12,/01 ~' ~ k I V£ Process Process 4/1 0 10:30 am Workshop Repla3 Crossroads Additional 141 V E 4/1 2 Crossroads Crossroads 11:00 am Programming Cafe Cafe Cafe Time Additional Additional 11:30 pm Permitting Programming Programming 12:00 Noon Army, Corp of Time Time Board of Board of Engineers Permitting Permitting County County 12:30 pm Community Commissioners Commissioners Meeting Regular Regular 1:00 pm Golden Gate Meeting Meeting Replay Rcpla_~ 1:30 pm 4,/10 4/10 2:00 pm Board of Additional Additional County. Programming Programming 2:30 pm Commissioners Time Time Regular Permittine Permitting 3:00 pm Waterways Meeting Repla3 3:30 pm 4,/10 4:00 pm Additional Programming 4:30 pm Time Board of Permitting 5:00 pm County -Commis~oners 5:30 pm (~ Agenda "~ 6:00 pm'~.~4/11/01j ) Board of Marco Island Board of . County City Council County 6:30 pm Commissioners Meeting Commissioners Rcpla3 Replay Development 7:00 pm 9:00 a.m. Reviea Tourist Additional Process Development 7:30 pm Justice For All Additional Programming Workshop Council 8:00 pm Collier 2001 Programming Time Replay Meeting Time Permitting 9:00 a.m. Rcpla? Behind The Behind The SS & Other Permitting 4/9/01 Badge [ Badge 8:30 pm Good Things Following Following Additional County Tourist I Tourist 9:00 pm Highlights Programming Time Developmentt Development 9:30 pm On The Job Permitting Council ! Council Meeting ! Meeting 10:00 pm Crossroads Replay [ Rcpla?. ~ 4/9 Boardof '~ ~ i ] Comn~issioners 15 11:00 pm [ Agenda ] / EXECUTIVE SUMMARY REQUEST FOR BOARD DIRECTION REGARDING SECTION 163.3215, FLA. STAT., VERIFIED COMPLAINT FROM VANDERBILT SHORES CONDOMINIUM ASSOCIATION, INC., VANDERBILT CLUB CONDOMINIUM ASSOCIATION, INC., THE MANSIONS CONDOMINIUM ASSOCIATION, INC., GULF COVE CONDOMINIUM ASSOCIATION, INC., AND VANDERBILT BEACH AND BAY ASSOCIATION, INC., CHALLENGING THE COUNTY'S APPROVAL OF SDP-2000-108 FOR THE VANDERBILT BEACHCOMBER RESORT AS INCONSISTENT WITH THE COUNTY'S COMPREHENSIVE PLAN OBJECTIVE: For the Board to provide direction to the Office of the County Attorney and staff in responding to a Section 163.3215, Fla. Stat., verified complaint (copy attached) served upon the Board by Vanderbilt Shores Condominium Association, Inc., Vanderbilt Club Condominium Association, Inc., The Mansions Condominium Association, Inc., Gulf Cove Condominium Association, Inc., and Vanderbilt Beach and Bay Association, Inc., (hereinafter referred to as "Plaintiffs") challenging approval of $DP-2000-108 for the Vanderbilt Beachcomber Resort as being inconsistent with the County's comprehensive plan. CONSIDERATIONS: Section 163.3215, Fla. Stat., provides a procedure by which persons with standing who believe that an alleged development order violates a local government's comprehensive plan may challenge that development order. Specifically, such persons first must serve a verified complaint upon the local government and give the local government thirty (30) days to respond. If the local government does not rescind it's action or respond in a way satisfactory to the complaining parties, those parties may then file a lawsuit in Circuit Court, provided other requirements of Section 163.3215, Fla. Stat., have been met. The Plaintiffs are challenging the County's approval of SDP-2000-108 for the Vanderbilt Beachcomber Resort as being inconsistent with a number of the goals, objectives and policies in the County's comprehensive plan. The approval occurred on or about January 29, 2001. Upon review of the verified complaint, neither the staff nor the Office of the County Attorney see any basis for the Board to rescind or further review the approval of SDP-2000-108. FISCAL IMPACT: If litigation ensues, there will be an indirect cost to the Board in terms of staff time and attorney time in preparing for and defending the suit. There also may be additional costs to the extent it becomes necessary to hire outside consultants to assist in defense of the suit. GROWTH MANAGEMENT IMPACT: Unknown at this time. RECOMMENDATION: That the Board take no action to rescind or further review the apProval of SDP-2000-108. (v If MAY - 8 2001 Pg..,,, Prepared by: Michael W. Pettit, Assistant County Attorney Date: Reviewed and Approved by: David C. Weigel, County Attorney Date: h:Litigation/ExSumNand ShoresvsCCverif comp/031601 MAY - 8 2001 Pg.- ~ _ BEFORE THE BOARD OF COUNTY, FLORIDA COUNTY COMMISSIONERS OF COLLIER Vanderbilt Shores Condominium Association, Inc.,Vanderbilt Club Condominium Association, Inc., The Mansions Condominium Association, Inc., Gulf Cove Condominium Association, Inc., and Vanderbilt Beach and Bay Association, Inc., Plaintiffs, V. ) ACTION ) it.E ) ) Case No. ) ) ) ) Collier County, Florida, Defendant, VERIFIED COMPLAINT ADMINISTRATORS OFFICE The Vanderbilt Shores Condominium Association, Inc., the Vanderbilt Club~:,:-: Condominium Association, Inc., The Mansions Condominium Association, Inc., the Gulf Cove Condominium Association, Inc., and the Vanderbilt Beach and Bay Association, Inc., (the "Association"), and by and through their undersigned attorney, file this verified complaint with the Board of County Commissioners of Collier County, Florida, (the "County") pursuant to {}163.3215(4), F.S., and say: PARTIES 1. The defendant County is a political subdivision of the State of Florida and is responsible for implementing and enforcing the requirements of the Local Government Planning and Land Development Regulation Act, Chapter 163, Part II, Florida Statutes (the "Act"), including the statutory requirement to adopt a local comprehensive plan and to insure that all development orders 'aP~l~ ~th~ 1 MAY - 8 iO01 County are consistent with the County's Comprehensive Plan (the "Plan"). 2. The Associations are non-profit organizations formed of and by the owners of condominium homes adjacent to or across the street from the proposed Vanderbilt Beachcomber Resort (the "Resort"). Each Association is organized to preserve and protect the homes and value of the condominium, to maintain and protect the common areas of the condominium, to assess and preserve the safety of the environment in and around their homes including safe public access to and from their property and in every event to prevent nuisances, encroachments and/or unlawful interference with the uses, utility, benefits and protections afforded by the approved Collier County Comprehensive Plan (the "Plan") enjoyed by their members. Each Association and the homeowners they represent will be directly and adversely impacted by the County's approval of SDP-2000-108. GENERAL ALLEGATIONS COMMON TO ALL PLAINTIFFS 3. On January 26, 2001, (or January 29, 2001) the County approved SDP- 2000-108 for the Resort; although this approval is inconsistent with a number of Goals, Objectives and Policies in the Plan which protect the Associations and their members. Florida's Growth Management Act (the "Act") requires that all actions taken by local government in regard to development orders, such as Site Development Plan ("SDP") approval for th 2 eResort~ be consistent with the approved local Plan, and provides for citizen enforcement of consistency of development orders with the Plan. 5. Section 163.3215(1), F.S., says that "[a]ny aggrieved or adversely affected party" may bring a civil action for injunctive or other relief against any local government to prevent the local government "from taking any action on a development order ... which materially alters the use or density or intensity of use" on property in a manner that is not "consistent" with the adopted local comprehensive plan. 6. §163.3194(3)(a) and (b), F.S., define "consistency" as follows: "(a) A development or land development regulation shall be consistent with the comprehensive plan if the land uses, densities or intensities, and other as of development permitted by such order or regulation are compatible with and further the objectives, policies, land uses, and densities or intensities in the comprehensive plan and if it meets all other criteria enumerated by the local government. "(b) A development approved or undertaken by a local government shall be consistent with the comprehensive plan if the land uses, densities or intensities, capacity or size, timing, and other aspects of the development are compatible with and further the objectives, policies, land uses, and densities or intensities in the comprehensive plan and if it meets all other criteria enumerated by the local government." 7. As a condition precedent to seeking judicial relief pursuant to §163.3215(1), an aggrieved or adversely affected party must, in accordance with § 163.3215(4), file a verified complaint with the local government within thirty (30) days after the allegedly inconsistent action on a development order. This verified No. ./t :'- .GEND^rmM/ HAY- t, 2001 / NOx q(~ Complaint was filed on Monday, February 25, 2001, the next working day immediately following expiration of the 30 day period. 8. The property on which the Resort is planned consists of .9 acres on lots 50 and 51 of Block D of Vanderbilt Beach Estates Unit 1. STANDING 9. The plaintiffs are aggrieved or adversely affected parties as defined in §163.3215(2). The interests of the plaintiffs and their members exceed in degree the general interest in community good shared by all persons in that they reside immediately contiguous to the Resort project and will be adversely affected by this major construction project. 10. As a result of the County's approval of SDP-2000-108, the Associations will suffer an adverse effect to interests protected or furthered by the County's Comprehensive Plan, including interests related to land use, densities and intensities of development, transportation facilities, conservation, natural resources and coastal zone management. - APPROVAL OF SDP-2000-108 IS INCONSISTENT WITH THE COLLIER COUNTY COMPREHENSIVE PLAN 11. The Collier County Comprehensive Plan contains a Conservation and Coastal Management Element ("CCME") and a Future Land Use Element ("FLUE"). The FLUE designates the entire Vanderbilt Bay area, including all property on Gulf Shore Drive, within (1) the Urban Residential Sul .district. and (2) AGEND.'r E,1M ~~_~ MAY - ~; 2(lCl Pg. ~1 Pg. ~Z) the "Coastal High Hazard Area". The Plan places limitations on construction in this Subdistrict and this "Area" which are inconsistent with approval of SDP-2000- 108. 12. Policy 5.2 under Objective 5 states that "all development" shall be consistent with the Plan and if not found consistent, "shall not be permitted". The inconsistencies noted above and below demonstrate a conflict with Policy 5.2. 13. The Resort is also located within the "Coastal High Hazard Area". Objective 12.1 states that the County must "encourage the undertaking of activities necessary to adoption by 1994, of hurricane evacuation time for a Category 3 storm of a maximum of 28 hours and by 1999, 27.2 hours. Activities will include... maintenance of equal or lower densities of the Category 1 hurricane vulnerability zone in the land use plan." The Resort has recently received approval of an increase in density from approximately 8 units per acre to at least 68 units per acre, in conflict with this Objective. 14. Objective_12.2 says the County shall ensure that building and development activities are carried out in a manner which minimizes the danger to life and property from hurricanes." Increasing the density of a hotel for this .9 acres site from 8 to 68 units is not consistent with ensuring that development activities minimizes the danger to life and (especially) property from hurricanes, since the danger to a new 68 unit hotel will be increased. MAY - 8 2001 ! 15. Policy 12.2.2 requires the County to calculate the needs for public facilities based on adopted levels of service standards and future growth projections with the coastal high hazard area. The Future Land Use Element limits new residential development, (thus obligation to infrastructure expenditures) to a maximum of 45 dwelling units per gross acre with the coastal high hazard area. In addition, existing zoning not vested shall be re-evaluated within three years and may change to a density level consistent with the FLUE. Approval of this SDP at a level of 68 units on .9 acre is inconsistent with this policy not to mention the Objective. 16. The other policies, goals and objectives in the CCME which are inconsistent with SDP2000-108 are listed below. Please request any more complete or thorough explanation in the event that the inconsistencies are not readily apparent: Policy 1.3.1 (relating to Natural Resources Protection Areas), especially deferring development in NEPAs; Goal 2 The county shall protect is surface and estuarine water resources; Policy 2.1.1, evaluating cumulative impacts; Objective 2.2, All discharges into canals or estuaries shall meet Federal water qualities; Policy Restrict development activities where such could adversely impact coastal water resources; Objective 2.5, require development to meet its current standards addressing stormwater management; Policy 2.5.1, identify land use activities which have the potential to degrade the estuarine system (like a 68 unit hotel); Goal 6, 6 MAY - 8 2001 Pg.__ ~ x AG, ENDA ITEM The County shall protect, conserve ....its wildlife habitat, including manatees which frequent the estuary behind the proposed hotel and marina, and Policies 6.1.2, 6.1.4, 6.1.5, and 6.1.8 thereunder; Objective 6.2, There shall be no unacceptable net loss of viable naturally functioning marine . . . wetlands, and policies 6.2.2, 6.2.3, and 6.2.7 thereunder; Objective 6.6: There shall be no net loss of important, viable, naturally occurring, submerged, marine habitat, and policies 6.6.1 and 6.6.2 thereunder; Goal 7, The County shall protect its fisheries and wildlife and policy 7.2.3 thereunder; Goal 10 which states that "The County shall protect, conserve, manage and appropriately use its coastal barriers including shorelines, beaches and dunes and will plan for and where appropriate, will restrict activities where such activities will damage or destroy coastal resources; and Policies 10.1.1 and 10.1.3 thereunder which do not give hotel uses, residential or otherwise, any priority, and policy 10.1.5 which discourages marinas in order to protect manatees; Policy 10.3.12 which requires the use of PUDs for new developments or redevelopments proposed to take place with areas identified as the Coastal Barrier System; Objective 10.4 which says developed barriers and developed shorelines shall be continued to be restored and then maintained, when appropriate, by establishing mechanisms or projects which limit the effects of development and policies 10.4.1, 10.4.2, 10.4.3, 10.4.7 and 10.4.13 thereunder; Objective 10.6 and policies 10.6.1, 10.6.2 10.6.3, and 10.6.4 thereunder. AC.~NDA MAY - 8 2001 ~ M~01 - 17. Goal 12 of the CCME requires the County to "make every reasonable effort to ensure the public safety" and "welfare of people and property~ from the effects of hurricane storm damage". Approval of this conditional use in conjunction with a "major expansion" of the hotel on a barrier beach is not a reasonable effort to protect property, much less people, from hurricane damage. 18. Objective 12.1 requires the County to "encourage" activities such as maintenance of equal or lower densities" in the category 1 hurricane vulnerability zone. Allowing major expansion of a nonconforming use -- nonconforming by virtue of having a density 30% greater than now permitted -- directly on the barrier shoreline conflicts with this objective. Similarly, Objective 12.2 requires that the County "ensure that building and development activities are carried out [to] minimize danger to life or property from hurricanes". This major expansion and new conditional use will expose more property and people to danger from hurricanes since is directly on the beach. 19. Also, Objective 12.2 contains the statement: "All future unimproved requests for development in the coastal high hazard areas will be denied". 20. Policy 12.2.3 requires the County to participate in the National Flood Insurance Program ("NFIP"). This program prohibits certain kinds of construction, or improvements to existing construction, in "(v)" zones, which zones include the hotel. The proposed major expansion proposed exceeds the limits on improvements MAY - 8 2001 02 26,01 1-1:13 'J~'l 941 .13,I 831o to cxisting structures contained in thc NFIP. Thc approval contained no studies or requirements for meeting thc NFIP requirements. 216. These and other provisions in thc CCME and FLUE, defining and limiting uses in the coastal high hazard area, taken as a whole, prohibit approval of this SDP. Thc County's approval constitutes a violation of both the Act and the County's own Plan. Pursuant to Section 163.3215(4), Florida Statutes, you are hereby requested to reply to this verified complaint within 30 days from the date of service hereof as required by law. As required by Flor/da Statutes, §92.525, the individuals signed below, for himself or herself and for the associations they represent affirm and state as follows: Under penalties of perjury, I declare that I have read the foregoing Verified Comola~nt and that.lhe facts stated in it are tree: ~e',,.~ec~.-"- --77'. L/~5~"-4-/--- (Printed Name) as axa authorized Officer of the Vanderbilt Shores Condominium Association, Inc. as an agfllorizcd Off'%c,er~of the YanderbJl! Club Cortdominium Association, Inc. /~-~,.~-..~ //~/~, ~.~,./z,. <,.-' (Printed Name) ~ ~ ~thor~ea O~cer of The Mansions Co~do~i_dum ^s,o¢iatio~. In~. --~. as an auth~)rized Officer of Gulf Cove Condominium Association, Inc. 9 No.AGENDA · I MAY-82001 J NO~. DAJ'F[EM ./ as an authorized Officer of the Vanderbilt Beach and Bay Association, Inc. WHEREFORE, the plaintiffs request that the County determine that approval of SDP-2000-10g is inconsistent with the Plan and rescind approval of SDP-2000- lOg. Respectfully submitted to and serve./~on the County ~: Febmary 2~, 200/. / David W. Rynders, Efsq. /o . Attorney for the Plaintiffs Fla. Bar No. 129235 305 Wedge Drive Naples, Florida 34103 Ph:(941) 434-8370, Fax: (941) 434-8310 E CUTIVE SUMMARY CONSIDERATION OF AN ORDINANCE RELATING TO AN ADDITIONAL ONE-HALF PERCENT LOCAL GOVERNMENT INFRASTRUCTURE DISCRETIONARY SALES SURTAX TO FUND ROAD PROJECTS. OBJECTIVE: To hold a public hearing to consider the adoption of an ordinance that will levy an additional one-half percent sales surtax, subject to a referendum, to fired needed road projects. CONSIDERATIONS: On April 10, 2001, the Board directed staffto proceed with a schedule to hold a referendum election (November 6, 2001) on an additional one-half percent local option sales surtax to fund the costs associated with road projects. On April 20, 2001, the Board authorized staffto advertise a public hearing for May 8, 2001 to consider the sales tax ordinance. The attached ordinance provides for an election to be held on November 6, 2001. Following the adoption of the sales tax ordinance, during the period May 18 through August 17, staff will be complying with U. S. Justice Department's pre-clearance requirements for the special election. Some of the substantive portions of the draft ordinance (copy provided herewith) are as follows: SECTION ONE of the draft ordinance includes a "Findings" section. SECTION TWO sets out the amount of the surtax (.05%), and the starting date of January 1, 2002. SECTION THREE includes provisions for adopting an interlocal agreement for the distribution of the surtax revenues, pursuant to Florida law. SECTION FOUR states that the proceeds received are to be used to fund road projects. SECTION FIVE provides _the tax shall be terminated by adoption by the Board of County Commissioners of an ordinance repealing this ordinance. SECTION SIX calls for the November 6, 2001 special referendum election. SECTION SEVEN provides the form of the ballot which is as follows: OFFICIAL BALLOT REFERENDUM ELECTION ON AN ADDITIONAL ONE-HALF PERCENT LOCAL GOVERNMENT INFRASTRUCTURE DISCRETIONARY SURTAX (SALES TAX) Shall an additional one-half percent surtax (sales tax) pursuant to Ordinan, e XT,, ~nql. be levied in Collier County, commencing on January 1 2002 to f ~ ~1'~ __ , DC~ '~ ' construct, reconstruct or improve needed road infrastructure (road pro e includes land acquisition, land improvement, design and engineering costs? MAY 0 8 2001 FOR the One-half Cent Sales Tax AGAINST the One-half Cent Sales Tax FISCAL IMPACT: follows: Costs associated with the special referendum election have been estimated as $280,000 - to Supervisor of Elections for costs related to the special referendum election. $1,000 - legal advertising by County Manager and Clerk of Court. Cost Center - 001-100190 - "Other General Administration". Undetermined costs associated with professional and clerical staff resources allocated to prepare the Ordinance, administer the public hearing, pre-clear with the U. S. Justice Department the special election, draft and process interlocal agreements, etc. GROWTH MANAGEMENT IMPACT: Not applicable. RECOMMENDATION: It is staff's recommendation that the Board, following the close of the public heating, consider adopting an ordinance relating to an additional one-half percent local government infrastructure sales surtax to fund road projects. SUBMITTED BY: REVIEWED BY: REVIEWED BY: Heidi F.'~A~ton, Assistant County Attomey Mike McNees, Assistant County Manager Normah ~ Fed6r, X~inistrmor Tr~sponation Div. Date: Date:~f- L~-- fi[' Date: APPROVED BY: Dhvid C. Weigel, County Attortl~ Date: h:HFAXExSum\I/2% SalesTax-Ord 2 AC-.-.-.-.-.-.-.-.-.~DA [T~ NO. /,7CI MAY 0 8 2001 pg. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 4O 41 42 43 ORDINANCE NO. 2001- AN ORDINANCE OF COLLIER COUNTY, FLORIDA, RELATING TO A ONE-HALF PERCENT LOCAL GOVERNMENT INFRASTRUCTURE DISCRETIONARY SALES SURTAX; PROVIDING FINDINGS; PROVIDING FOR THE LEVY OF A ONE-HALF PERCENT LOCAL GOVERNMENT DISCRETIONARY SALES SURTAX, SUBJECT TO REFERENDUM APPROVAL, PURSUANT TO THE PROVISIONS OF SECTION 212.055(2), FLORIDA STATUTES, WHICH AUTHORIZES A LOCAL GOVERNMENT INFRASTRUCTURE DISCRETIONARY SALES SURTAX; PROVIDING FOR DISTRIBUTION OF THE ONE-HALF PERCENT LOCAL GOVERNMENT INFRASTRUCTURE DISCRETIONARY SALES SURTAX; PROVIDING A GENERAL DESCRIPTION OF INFRASTRUCTURE TO BE FUNDED; PROVIDING FOR TERMINATION OF THIS ORDLNANCE BY BOARD OF COUNTY COIvLMISSIONERS; PROVIDING FOR A REFERENDUM ELECTION TO BE HELD ON NOVEMBER 6, 2001; PROVIDING FOR FORM OF THE BALLOT; PROVIDING FOR POI~LING PLACES; PROVIDING FOR HOURS OF ELECTION; PROVIDING FOR ELECTION OFFICIALS; PROVIDING FOR NOTICE OF ELECTION; PROVIDING FOR CONSTRUCTION AND INTENT; PROVIDING FOR NOTIFICATIONS TO BE MADE BY THE CLERK; PROVIDING FOR THE COMMENCEMENT OF TAX COLLECTION; PROVIDING FOR CONFLICT AND SEVERABILlTY; PROVIDING FOR INCLUSION 1N THE CODE OF LAWS AND ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners, in accordance with the provisions of this Ordinance, is calling a referendum election to be held on November 6, 2001 relating to a one- half percent local government infrastructure discretionary sales surtax; and WHEREAS, the purpose of the referendum election is to determine if the qualified voting electors of Collier County approve the levy of a one-half percent local government infrastructure discretionary sales surtax commencing on January 1, 2002 and continuing until terminated by the Board of County Commissioners; and WHEREAS, the revenues from the additional one-half percent local government infrastructure discretionary sales surtax are to fund infrastructure for roads; and ~WHEREAS, the Board finds it appropriate to authorize, with voter approval, a levy of the one- half percent sales surtax to fund infrastructure for roads. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: 45 46 47 48 49 5O 51 52 53 54 SECTION ONE: FINDINGS. The Board of County Commissioners of Collier County hereby makes the following findings: A. Section 212.055(2), Fla. Stat., which provides for the local government infrastructure discretionary sales surtax, authorizes the levy of a discretionary sales surtax of one-half percent, subject to referendum approval, to finance, plan, and construct infrastructure defined as any fixed capital expenditure or fixed capital outlay associated with the construe on, ~tl~i~q~r - improvement of public facilities which have a life expectancy of five (51 or nl~. land acquisition, land improvement, design, and engineering costs related ~heret~AY 0 8 2001 1 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 B. It is the purpose of the Board of County Commissioners in adopting the additional one- half percent sales tax to relieve existing deficiencies in road infrastructure for the benefit of existing residents and not require existing residents to pay for new growth. C. Thc levy of this one-half percent local government infrastructure discretionary sales surtax was selected by a majority of the Board as an appropriate way to fund road infrastructure to provide an acceptable level of transportation service to preserve the quality of life. SECTION Two: LEVY OF LOCAL GOVERNMENT INFRASTRUCTURE DISCRETIONARY SALES SURTAX. A one-half percent (.5%) local government infrastructure discretionary sales surtax shall be levied throughout Collier County, Florida, beginning January 1, 2002, pursuant to the provisions of Section 212.055(2), Fla. Stat., subject to approval by a majority of electors of Collier County voting in a referendum election on the surtax. SECTION THREE: DISTRIBUTION OF LOCAL GOVERNMENT INFRASTRUCTURE DISCRETIONARY SALES SURTAX. The proceeds of the local government infrastructure discretionary sales surtax shall be distributed according to one of the following methods: A. An interlocal agreement between the Board of County Commissioners and the governing bodies of the municipalities representing a majority of the county's municipal population. Said interlocal agreement shall provide that all proceeds of the local government infrastructure discretionary sales surtax distributed to the county and the municipalities shall be used solely to finance, plan and construct road infrastructure pursuant to Section 212.055(2)(d), Fla. Stal., and thc agreement shall further provide that said proceeds shall not be used to supplant or replace user tees or to reduce ad valorem taxes existing prior to the levy of the surtax. B. If there is no interlocal agreement, distribution of the proceeds of the local government infrastructure discretionary sales surtax shall be according to the formula provided in Section 218.62, Fla. Stat. C. All of the proceeds of the local government infrastructure discretionary sales surtax received by and allocated to Collier County, City of Naples, City of Everglades, City of Marco Island, and any interest accrued thereto, shall be expended to finance, plan or construct road infrastructure which is a fixed capital expenditure pursuant to the provisions of Section 212.055(2), Fla. Stat. SECTION FOUR: GENERAL DESCRIPTION OF INFRASTRUCTURE TO BE FUNDED. 40 41 42 43 The proceeds of the local government infrastructure surtax shall be used to finance, plan, 44 construct, reconstruct or improve road infrastructure (any fixed capital or fixed capital costs 45 associated with the construction, reconstruction or improvement of public facilities which have a 46 life expectancy of five (5) or more yem's and any land acquisition, land im >rovement, design and 47 engineering costs related thereto) pursuant to Section 212.055(2)(d), Fla. SI }~i---AO~tI~A I'l~_. 0 8 2001 SECTION FIVE: TERMINATION OF THIS ORDINANCE BY BOARD OF COUNTY COMMISSIONERS. The Board of County Commissioners shall enact an ordinance repealing this Ordinance when the Board determines that the one-half percent sales tax is no longer needed to fund road infrastructure. The sales tax shall terminate on December 31. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 SECTION SIX: REFERENDUM ELECTION CALLED. A referendum election is hereby called and ordered to be held on November 6, 2001 for the purpose of submitting to the qualified electors of Collier County the question of whether the levy of a one-half percent local government infrastructure sales surtax shall be approved. SECTION SEVEN: FORM OF BALLOT. A. The ballot to be used in said referendum election shall be in substantially the following foIIB: OFFICIAL BALLOT REFERENDUM ELECTION ON AN ADDITIONAL ONE-HALF PERCENT LOCAL GOVERNMENT INFRASTRUCTURE DISCRETIONARY SURTAX (SALES TAX) · Shall an additional one-half percent surtax (sales tax) pursuant to Ordinance No. 2001- be levied in Collier County, commencing on lanuary 1, 2002 to finance, plan, construct, reconstruct or improve needed road infrastructure (road projects) which includes land acquisition, land improvement, design and engineering costs'? FOR the One-half Cent Sales Tax AGAiNST the One-half Cent Sales Tax B. The Supervisor of Elections shall include on all ballots such instructions to voters as are necessary. 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 SECTION EIGHT: POLLING PLACES. The election shall be held at polling places designated in Collier County. ~ECTION NINE: HOURS OF ELECTION. The polls shall be open on the date of said referendum election from 7:00 A.M. to 7:00 P.M. All qualified electors residing within Collier County, Florida may vote in said election. Absentee voting shall be upon compliance with applicable provisions of general law. SECTION TEN: ELECTION OFFICIALS. Thc election shall be held within Collier County as a county-wide election. The referendum election shall be conducted by election officials appointed by the Supervisor of Elections pursuant to applicable general law. SECTION ELEVEN: NOTICE OF ELECTION. ;he; sC, l:rnke ;fs;~;rBoCla~de nSe;a~ll c~r;b~i ~thi oan ;~t ib~ies h°efdt ihne ;~);:i;e~ ;~)umn t;i;l~ ~'~1~~~ 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 least thirty (30) days notice of said election, with publication to be made at least twice, once in the fifth week and once in the third week prior to the week in which the referendum election is to be held. Said notice shall be in substantially the following form: NOTICE OF REFERENDUM ELECTION NOTICE IS HEREBY GIVEN, that a referendum election will be held on November 6, 2001, in Collier County, Florida, at polling places designated within the voting precincts of the County for the purpose of determining the following question: Shall an additional one-half percent surtax (sales tax) pursuant to Ordinance No. 2001-__ be levied in Collier County, commencing on January 1, 2002 to finance, plan, construct, reconstruct or improve needed road infrastructure (road projects) which includes land acquisition, land improvement, design and engineering costs? FOR the One-half Cent Sales Tax AGAINST the One-half Cent Sales Tax Polls will be open at the voting places on the date of said referendum election from 7:00 A.M. to 7:00 P.M. on the same day. All qualified electors residing within Collier County may vote in said referendum election. Absentee voting may be permitted upon compliance with applicable provisions of general law. DWIGHT E. BROCK, CLERK BY: Deputy Clerk SECTION TWELVE: CONSTRUCTION AND 1NTENT. A. The provisions of this Ordinance shall be construed in pari materia with S'ection 212.055(2), Fla. Stat. B. It is the further intent of this Ordinance that the terms and provisions of this Ordinance and Section 212.055(2), Fla. Stat., shall be construed liberally to achieve the public purpose of funding infrastructure for roads, to maintain and improve the quality of life of the residents of Collier County. SECTION THIRTEEN: NOTIFICATIONS BY CLERK. A. The Clerk to the Board of County Commissioners shall immediately notify the Supervisor of Elections of the adoption of this Ordinance calling the referendum election to be held on November 6, 2001 and shall transmit a certified copy of this Ordinance to the Supervisor of Elections. B. The Clerk to the Board of County Commissioners shall notify the State of Florida Department of Revenue within ten (10) days after the adoption of this Ordinance. The notice shall include the proposed date of January 1, 2002 on which collection of the surtax will commence, the time period during which the surtax will be effecti e, t~{~.l~ this~ Ordinance. and such other information as the Department of Revenue -nay~sc.'52~: ~y r"!:. ,/t~/ 4 MAY 0 8 2001 Pi[- I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 C. The Clerk to the Board of County Commissioners shall immediately and prior to November 16, 2001 notify the State of Florida Department of Revenue of the results of the referendum election provided for herein. SECTION FOURTEEN; COMMENCEMENT OF TAX COLLECTION. The collection of the local government infrastructure discretionary sales surtax shall commence on January 1, 2002. SECT1ON FIi~FEEN: CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion. SECTION SIXTEEN: INCLUSION IN THE CODE OF LAWS AND ORDINANCES. 17 18 19 The provisions of this Ordinance shall become and be made a pan of the Code of Laws and 20 Ordinances of Collier County, Florida if approved by the qualified electors of Collier County 21 voting in a referendum election to be held on November 6, 2001. The sections of the Ordinance 22 may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed 23 to "section", "article", or any other appropriate word. 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 SECTION SEVENTEEN: EFFECTIVE DATE. This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier Count)', Florida, this __ day of ,2001. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: JAMES D. CARTER, Ph.D., CHAIRMAN Approved as to form and legal sufficiency: Heidi F. Ashton Assistant County Attorney h:HFA\Ord'v, me-half percent sal¢~ tax AC~..NDA ITEM MAY 0 8 2001 EXECUTIVE SUMMARY ADOPTION OF THE FIVE-CENT LOCAL OPTION GAS TAX EXTENSION ORDINANCE OBJECTIVE: To obtain Board of County Commissioner approval and adoption of an ordinance extending the levy period of the Five Cent Local Option Gas Tax an additional twenty.years for a total period of thirty years. CONSIDERATIONS: At the March 13, 2001 BCC meeting, the Board in a 5-0 vote approved a resolution to continue the Five Cent Local Option Gas Tax for an additional twenty years. The extension of the gas tax is projected to provide approximately eighty-eight million dollars over the next twenty years. With a shortfall of almost $480,000,000 over the next twenty years to meet transportation needs, the extension of the gas tax is imperative. Florida Statutes, Section 336.025(1)(a) 3, provides that a tax previously levied pursuant to this section may be extended by a majority vote of the County Commission. The current ordinance will expire on December 31, 2003. The extension is to go into effect immediately thereafter. Approval of the extension will give the Transportation Division the ability to engage in long-term planning of County transportation projects to meet expected needs and negotiate new intedocal agreements. FISCAL IMPACT: Estimated revenue is approximately $88,000,000 over the twenty- year period that can be used to construct additional needed roadway capacity. GROWTH MANAGEMENT IMPACT: To meet the transportation needs and maintain consistency with GMP requirements, Collier County must capitalize on available funding sources by reauthorizing the maximum local option gas tax. RECOMMENDATION: That the Board of County Commissioners adopt the Ordinance reauthodzing the Five Cent Local Gas Tax from January 1, 2004 through August 31, 2023. Prepared by: Date: /"~ 0/~R~l~e~i~ p~o~ lanning Director Reviewed by: j(a(~qu~ine Hubbard Robinson( ,~¼~ ,~ Date: ~._,~Z~?-,oo [ Assistant County Attorney Apply: ~ Date: rtation Services Administrator HAY 0 8 2001 ! 2 ORDINANCE NO. 2001-__ 3 4 AN ORDINANCE AMENDING COLLIER COUNTY 5 ORDINANCE NO. 93-48 ALSO CITED AS CODE OF 6 LAWS AND ORDINANCES SECTION 126-28, PURSUANT 7 TO SECTION 336.025, FLORIDA STATUTES, 8 PROVIDING FOR THE EXTENSION FOR TWENTY YEARS 9 OF THE FIVE CENTS OF ADDITIONAL LOCAL OPTION ~0 GAS TAX UPON EVERY GALLON OF MOTOR FUEL SOLD !! IN COLLIER COUNTY AND TAXED UNDER PROVISIONS !2 OF PART I OF CHAPTER 206, FLORIDA STATUTES; ~3 AMENDING SECTION 126-28~ (b) FINDINGS AND ~4 PURPOSE, (c) LEVY OF TAX, (d) PROVIDING !5 EFFECTIVE DATE OF EXTENSION OF THE ~6 IMPOSITION OF TAX, (e)(1) AND (2) USE OF ~7 REVENUES AND PROVIDING FOR COLLECTION AND 18 DISTRIBUTION OF TAX; PROVIDING FOR CONFLICT 19 AND SEVERABILITY; PROVIDING FOR INCLUSION IN 20 THE CODE OF LAWS AND ORDINANCES; AND 2! PROVIDING AN EFFECTIVE DATE. 22 23 WHEREAS, the Florida Legislature, in special session in 24 1993 amended Section 336.025, Florida Statutes, to provide for 25 the levy of an Additional Local Option Gas Tax on motor fuel; 26 and 27 WHEREAS, Section 336.025(1)(b), Florida Statutes, Section 28 126-28 of the Collier County Code of Laws and Ordinances, 29 [Ordinance 93-48], provides for the levy of up to five cents of 30 Additional Local Option Gas Tax upon every gallon of motor fuel 3~ sold in Collier County, Florida, and taxed under the provisions 32 of Part I of Chapter 206, Florida Statutes; and 33 %'~EREAS, Collier County has identified through the short- 34 range and long-range transportation planning process that the 35 transportation needs far exceed the projected revenue; and 36 WHEREAS, Collier County has adopted a Five Year Capital 37 Improvement Program for Roads to undertake needed County 38 arterial and collector road projects; and 39 WHEREAS, preparation of the fiscal year 2001-2002 budget 40 41 42 43 44 45 46 confirms insufficient construction; and WHEREAS, delays revenues for future capital road in undertaking specific roadway improvements outlined in the County's Road Program will result in increased future road construction expenditures and a decrease in the level of service on County artei collector roadways and increased congestion; and Words underlined are added; words :~truck :hr::uEh are deleted. ! WHEREAS, it is determined by the Board of County 2 Co~Taissioners of Collier County that the extension of the le%-y 3 of five (5) cents of Additional Local Option Gas Tax upon every 4 gallon of motor fuel sold in Collier County is necessary to 5 fund construction of needed transportation facilities, and is 6 necessary to promote the public health, safety and welfare of 7 the citizens of and visitors to Collier County, Florida. $ NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY 9 CO~IMISSIONERS OF COLLIER COUNTY, FLORIDA, that: ~0 SECTION 126-28 Same - Addition&l Five-Cent LeVy. 1! (a) Title and citation. This section shall be known and may be 12 cited as the Collier County Additional Five Cents Local Option !3 Gas Tax Ordinance. !4 (b)Findings and purpose. It has been determined by at least a 15 four-fifths vote of the board of county commissioners that ~6 the levy ond its extension of the additional $0.05 local option 17 gas tax on every gallon of motor fuel sold in the county and ~$ taxed under the provisions of F.S. ch. 206, pt. I (F.S. § 19 206.01 et seq.) is necessary for transportation expenditures 20 needed to meet the requirements of the capital improvements 2~ element of the county~ adopted comprehensive plan. The leery 22 and its extension of the additional $0.05 local option gas tax 23 is determined to be necessary to promote the public health, 24 safety and welfare of the citizens of and visitors to the 25 county. This tax is in addition to the local option gas taxes 26 levied pursuant to section 126-27 of the Collier County Code of 27 Laws and Ordinances. 28 (c)Levy of tax. There is hereby established, levied~ and 29 imposed, and ~tended, as referenced herein, the additional 30 $0.05 local option gas tax, in the amount of $0.05 per gallon, upon every gallon of motor fuel sold in the county and taxed ~ 32 under the provisions of F.S. ch. 206, pt. I (F.S. § 206.01 et 33 seq.) as provided in F.S. § 336.025. 34 (d) Effective date; duration. The additional $0.05 local 36 1994, for a period of ten years ~hall be extended for a~~ Wurdsunde~rhne~dareadded;words~ruck:kr~m~harcd¢leted ! ~dditional oeriod of twenty (20) years effective January 1, 2 2004. Upon expiration, any extension of the additional local 3 option gas tax may be ~eimposed as provided by law. ~y 4 ordinancc prsvidcd that a A redetermination of the method of 5 distribution shall be made as provided in F.S. § 336.025 or as 6 otherwise provided by law,. 7 (e) Collection and distribution; use. The additional $0.05 8 local Option gas tax shall be collected in the same manner as 9 all other gas taxes pursuant to F.S. ch. 206. The distribution !0 of the additional $0.05 local option gas tax shall be pursuant 1~ to Section 336.025, Florida Statutes, throuqh ~n interlocal ~2 agreement with one or more of the municipalities located within !3 the county representing a majority of the population of the !4 incorporated area within the county, which interlocal agreement 15 shall provide a distribution formula for dividing the proceeds ]6 from the tax among the county and all eligible municipalities ~7 within the county. The proportions shall be recalculated every !$ 10 years based upon the transportation expenditures of the 19 immediately precedinq 5 years or as otherwise mandated by law. 20 If an interlocal agreement is not executed pursuant to F.S. § 21 336.025, the proceeds of the tax shall be distributed among the 22 county and eligible municipalities based on the transportation 23 expenditures of each for the five fiscal years immediately 24 preceding the year in which extension of the tax is authorized, 25 as a proportion of the total of such expenditures for the 26 county and all municipalities within the county, pursuant to 27 the provisions of F.S. § 336.025. 28 (1) The revenues from the additional $0.05 29 local option gas tax shall be used for 30 transportation expenditures Deeded to 3! meet ~he requirements of the capital 32 i_mprovements element of the comprehensive 33 plan, including new roads, the 34 reco_nstruction or resurfacin~ of existinq 35 paved roads, or ~he pavinq of existinq 36 graded roads when undertaken in part to Wnrds~nderlinedareadded;words~rucklhn:u~haredeleled' ! relieve or mitigate existinq or potential 2 adverse environmental impacts and o%her 3 uses as provided by and defined in F.S. § 4 336.025, as amended from time to time or 5 ~$ permitted bv law. 6 (2] Thc proccc~s cf thc additional $0.05 7 ~ .... ~ ..... ~aD ~ax ..... pcutaln ty ~0 improvcmcnts ........................ 11 rcquircd in fiscal ycar 1994. 12 (f)Conflict and severability. In the event this Ordinance 13 conflicts with any other ordinance of Collier County or other 14 applicable law, the more restrictive shall apply. If any 15 phrase or portion of this Ordinance is held invalid or ]6 unconstitutional by any court of competent jurisdiction, such ]7 portion shall be deemed a separate, distinct an independent ]8 provision and such holding shall not affect the validity of the ]9 remaining portion. 20 (g) INCLUSION IN THE CODE OF LAWS AND ORDINANCES. 2[ The provisions of this Ordinance shall become and be made a 22 part of the Code of Laws and Ordinances of Collier County, 23 Florida. The sections of the Ordinance may be renumbered or 24 relettered to accomplish such, and the word "ordinance" may be 25 changed t~ "section", "article", or any appropriates word. 26 (h) EFFECTIVE DATE. This Ordinance shall become effective upon 27 receipt of notice from the Secretary of State that this 25 Ordinance has been filed with the Secretary of State. 29 Words underlined are added; w,,)rds struck :h."au3h are deleted. AGEND~ rT'EM C=7- P-tAY O 8 2001 ..5-' 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 23 24 25 26 27 28 29 30 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of May, 2001. ATTEST: BOARD OF COUNTY COM~4ISSIONERS DWIGHT E. BROCK, CLERK OF COLLIER COUNTY, FLORIDA By' JAMES D. CARTER, Ph.D, Chairman Approve~d as to form ed legal sufficiency: ~ubbard Robinson County Attorney H,,Jackle/Ordlnance,,Ga$ Tax Levy/Aprl 1 17, 200lA W~rds ~3n_t!c!']ip_e~ are added; word.~ ~.~uek~hr~m~h are deleted. AC~" ~ ~,.~n"~M NO ' [ MAY 0 8 2001 2001 INTERLOCAL TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND THE CITY OF NAPLES REGARDING THE FOURTH OF JULY FESTIVAL OBJECTIVE: To have the Board of County Commissioner approve this agreement between Collier County and the City of Naples regarding the Fourth of July Festival. CONSIDERATION: The Board of County Commissioners recommend that staff work with the City of Naples to create an interlocal agreement for the Fourth of July Festival. On January 8, 2001 the Tourist Development Council reviewed a request for funding for the Fourth of July Festival in the amount of $25,000 and approved it unanimously. The $25,000 will fund the travel and accommodations for the Military Personnel participating in the Festival. FISCAL IMPACT: The request of $25,000 is available from fund 194 Advertising/Promotion and Special Events reserves. A budget amendment will be required to allocate funds to this project. GROWTH MANAGEMENT IMPACT: None RECOMMENDATIONS: That the Board of County Commissioners accept the 2001 Tourism Agreement between Collier County and the City of Naples, approve the associated budget amendment, and authorize the Chairman to sign the agreement. jane E. Eichhorn, TDC Coordinator Ho~sing and Urban Improvement Date REVIEWED BY: - G-re~ Miha.,l~,Sbirector '"' - Housing .a/nd Urban Improvement Date APPROVED BY: ohn M. Dunnuck III, Interim Administrator V1A¥ - 8 200I 2001 INTERLOCAL TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND THE CITY OF NAPLES REGARDING THE FOURTH OF JULY FESTIVAL THIS AGREEMENT, is made and entered into this __ day of ,2001, by and between The City of Naples, hereinafter referred to as "GRANTEE" and Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY." WHEREAS, the COUNTY has adopted a Tourist Development Plan (hereinafter referred to as "Plan") funded by proceeds from the Tourist Development Tax; and WHEREAS, the Plan provides that certain of the revenues generated by the Tourist Development Tax are to be allocated for the promotion and advertising of Collier County nationally and internationally and for the promotion and advertising of activities or events intended to bring tourists to Collier County; and WHEREAS, GRANTEE has applied to the Tourist Development Tax Council and the County to use Tourist Development Tax funds for a Special Event With the City of Naples for the Fourth of July Festival fi'om July 4-7, 2001; and WHEREAS, the COUNTY desires to fund the proposed special event to this Agreement. NOW, THEREFORE, BASED UPON THE MUTUAL COVENANTS AND PREMISES PROVIDED HEREIN, AND OTHER VALUABLE CONSIDERATION, IT IS MUTUALLY AGREED AS FOLLOWS: 1. SCOPE OF WORK: In accordance with the Budget attached as Exhibit "A," the GRANTEE shall provide the Event. The date(s) of the Event may not be changed without an amendment to this Agreement as provided in Section 18. 2. PAYMENT: The amount to be paid under this Agreement shall be Twenty Five Thousand Dollars ($25,000.00). The GRANTEE shall be paid in accordance With fiscal procedures of the County for expenditures incurred for the promotion and advertising expenses as described in Section 1 upon submittal of an invoice and upon verification that the services described in the invoice are completed or that goods have been received. GRANTEE shall determine that the goods and services have been properly provided, and shall submit invoices to the County Administrator or his designee. The County Manaser or his designee shall determine that the invoice payments are authorized and the goo~ s or~erv~c 0 8 2001 covered by such invoice have been provided or performed in accordance with such authorization. The line item budget attached as Exhibit "A" shall constitute authorization of the expenditure described in the invoices provided that such expenditure is made in accordance with this Agreement. Each invoice submitted by GRANTEE shall be itemized in sufficient detail for audit thereof and shall be supported by copies of corresponding vendor invoices and proof of receipt of goods or performance of the services invoiced. GRANTEE shall certify in writing that all subcontractors and vendors have been paid for work and materials from previous payments received prior to receipt of any further payments. The COUNTY shall not pay GRANTEE until the Clerk of the Board of County Commissioners pre-audits payment invoices in accordance with the law. GRANTEE shall be paid for its actual cost not to exceed the total amount for various line items and up to the maximum amount budgeted pursuant to the Attached "Exhibit A." The amounts applicable to the various line items of Exhibit "A," subject to the maximum total amount, may be increased or decreased by up to ten percent (10%) at the discretion of GRANTEE. Adjustment in excess of ten percent (10%) of any line item must be authorized by the County Administrator or his designee. 3. ELIGIBLE EXPENDITURES Only eligible expenditures described in Section 1 will be paid by COUNTY. Any expenditures paid by COUNTY which are later deemed to be ineligible expenditures shall be repaid to COUNTY within 30 days of COUNTY's written request to repay said funds. COUNTY may request repayment of funds for a period of up to one year after termination of this Agreement or any extension or renewal thereof. 4. INSURANCE: GRANTEE is required to submit a Certificate of Insurance naming Collier County, and its Board of County Commissioners and the Tourist Development Council as additionally insured. The certificate must be valid for the duration of this Agreement, and be issued by a company licensed in the State of Florida, and provide General Liability Insurance for no less than the following amounts: BODILY INJURY LIABILITY $300,000 each claim per person PROPERTY DAMAGE LIABII JTY $300,000 each claim per person PERSONAL INJURY LIABILITY $300,000 each claim per person MAY 0 8 2001 WORKER'S COMPENSATION AND EMPLOYER'S LIABILITY-Statutory The Certificate of Insurance must be delivered to the County Administrator or his designee within ten days of execution of this Agreement by the COUNTY. The GRANTEE shall not commence promotional and advertising activities which are to be funded pursuant to this Agreement until the Certificate of Insurance has been received by the COUNTY. 5. MONTHLY REPORTS: GRANTEE shall provide to County monthly reports on the duties performed and service provided by GRANTEE, its vendors or subcontractors, pursuant to this Agreement. The report shall identify the amount spent during the preceding 30 days and the duties performed, and the services provided and goods delivered during said period. GRANTEE shall take reasonable measures to assure the continued satisfactory performance of all vendors and subcontractors. 6. CHOICE OF VENDORS AND FAIR DEAIJNG: GRANTEE may select vendors or subcontractors to provide services as described in Section 1. COUNTY shall not be responsible for paying vendors and shall not be involved in the selection of subcontractors or vendors. GRANTEE agrees to disclose any relationship between GRANTEE and the subcon- tractors or vendors, including, but not limited to, similar or related employees, agents, officers, directors and/or shareholders. COUNTY may, in its discretion, object to the reasonableness of expenditures and require repayment if invoices have been paid under this Agreement for unreasonable expenditures. The reasonableness of the expenditures shall be based on industry standards. 7. INDEMNIFICATION: The GRANTEE shall hold harmless and defend COUNTY, and its agents and employees, from any and all suits and actions including attorney's fees and all costs of litigation and judgments of any name and description arising out of or incidental to the performance of this Agreement or work performed thereunder. This provision shall also pertain to any claims brought against the COUNTY by any employee of the named GRANTEE, any subcontractor, or anyone directly or indirectly employed or authorized to perform work by any of them. The GRANTEE's obligation under this provision shall not be limited in any way by the agreed upon Agreement price as shown in this Agreement or the GRANTEE's limit of, or lack of, sufficient insurance protection. 3 8. NOTICES: All notices from the COUNTY to the GRANTEE shall be in writing and deemed duly served if mailed by registered or certified mail to the GRANTEE at the following address: Donald J. Wirth, Community Services Director City of Naples 735 8th Street South Naples, Florida 34102 All notices from the GRANTEE to the COUNTY shall be in writing and deemed duly served if mailed by registered or certified mail to the COUNTY to: County Manager Second Floor, Administration Building 3301 Tamiami Trail East Naples, Florida 34112 The GRANTEE and the COUNTY may change the above mailing address at any time upon giving the other party written notification pursuant to this Section. 9. NO PARTNERSHIP: Nothing herein contained shall be construed as creating a partnership between the COUNTY and the GRANTEE, or its vendor or subcontractor, or to constitute the GRANTEE, or its vendor or subcontractor, as an agent or employee of the COUNTY. 10. TERMINATION: The COUNTY or the GRANTEE may cancel this Agreement with or without cause by giving 30 days advance written notice of such termination pursuant to Section 8 and specifying the effective date of termination. If the COUNTY terminates this Agreement, the COUNTY will pay the GRANTEE for all expenditures incurred, or contractual obligations incurred with subcontractors and vendors, by GRANTEE up to the effective date of the termination so long as such expenses are eligible. Provided, however, or if GRANTEE fails to hold the event or activity, GRANTEE shall pay to COUNTY all funds expended by COUNTY pursuant to this Agreement, unless the Board of County Commissioners determi~ ~AY 0 8 2001 completed promotion and advertising of the event or activity were sufficient to justify the use of tourist development tax funds. 11. GENERAL ACCOUNTING: GRANTEE is required to maintain complete and accurate accounting records and keep tourism funds in a separate checking account. All revenue related to the Agreement should be recorded, and all expenditures must be incurred within the term of this Agreement. 12. AVAII~ABILITY OF RECORDS: GRANTEE shall maintain records, books, documents, papers and financial information pertaining to work performed under this Agreement. GRANTEE agrees that the COUNTY, or any of its duly authorized representatives, shall, until the expiration of three (3) years after final payment under this Agreement, have access to, and the fight to examine and photocopy any pertinent books, documents, papers, and records of GRANTEE involving transactions related to this Agreement. 13. PROHIBITION OF ASSIGNMENT: GRANTEE shall not assign, convey, or transfer in whole or in part its interest in this Agreement without the prior written consent of the COUNTY. 14. TERM: This Agreement shall become effective on [date Board approves] and shall remain effective for one year. The GRANTEE shall request an extension of this term in writing at least thirty (30) days prior to the expiration of this Agreement, and the COUNTY may agree by amendment to this Agreement to extend the term for an additional one year. Any funds not used by GRANTEE during the term of this Agreement and any extension thereto shall be available for future applicants. 15. AVAILABILITY OF FUNDS: This Agreement is subject to budget and collection of tourist development tax funds. 16. EVALUATION OF TOURISM IMPACT: GRANTEE shall monitor and evaluate the event identifying the success of the event, explaining how the success and quality were evaluated, report overall attendance including resident/non-resident attendance and how attendance information was ascertained. GRANTEE shall provide a written report to the County Administrator or his designee within sixty (60) days of the date of the event]. 17. REQUIRED NOTATION: All promotional literature and media advertising must prominently list Collier County as one of the sponsors. ~1~~I'~t/Fpp/ 5 I,,4AY 0 B 2001 18. AMENDMENTS: This Agreement may only be amended by mutual agreement of the parties and after recommendation by the Tourist Development Council. IN WITNESS WHEREOF, the GRANTEE and COUNTY have each respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COIJJFR COUNTY, FLORIDA By: JAMES D. CARTER, PH.D., CHAIRMAN WITNESSES: GRANTEE (1) Printed/Typed Name (2). Printed/Typed Name Bonnie Mir. MacKenzie Printed/Typed Name Mayor Printed/Typed Title City Cl~rk (corporate seal) Approved as to form and legal sufficiency~" ~~ i~amiro Mafialich ' - - Chief Assistant County Attorney Approved as to fo~rn and legality City ~' 2001 Book 116 · Page AgencY. Item lO-d l~eting of 3/'//01 RESOLUTION 01-9106 A RESOLUTION APPROVING T~E 2001 TOUB/SM AG~~ BE~ COLLIER COUNTY AND THE CITY OF NAPLES REGARDING T~E FOURTH OF JULY FESTIVAL FR~4 JULY 4-7, 2001; AND PROVIDING AN EFFECTIVE DATE. the Tourist Development Council has approved the request for $25,000 to supplement the expense to bring the military to Naples; and W~m~EASI it is in the best interests of the City of Naples to execute the Tourism Agreement; NOW, THEI~EFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NAPLES, FLORIDA: Section 1. That the 2001 Tourism Agreement between Collier County and the City of Naples regarding the Fourth of July Festival from July 4-7, 2001, is hereby approved, a copy of which is attached hereto and made a part hereof. Section 2. This resolution shall take effect immediately upon adoption. PASSED IN OPEN AND REGULAR SESSION OF THE CITY COUNCIL OF THE CITY OF NAPLES, FLORIDA, THIS 7THDA~ OF MARCH, 2001. Bonnie R. MacKenzie, Mayo} 0 Attest: Tara A. Norman, City Clerk M: \ RE F\COUNCIL\ RES\ 01- 9106 Date filed with City Clerk: Ap~ity: MAY 0 8 2001 EXECUTIVE SUMMARY REQUEST TO GRANT FINAL ACCEPTANCE OF THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF "VILLAS AT GREENWOOD LAKE" OBJECTIVE= To grant final acceptance of the infrastructure improvements associated with that subdivision known as "Villas at Greenwood Lake" CONSIDERATIONS: On September 10, 1999, the Board of County Commissioners granted preliminary acceptance of the roadway, drainage, water and sewer improvements in "Villas at Greenwood Lake" The roadway and drainage improvements will be maintained by the project's homeowner's association. The water and sewer improvements will be maintained by the County. The required improvements have been constructed in accordance with the Land Development Code. The County Development Services has inspected the improvements and is recommending final acceptance of the improvements. A resolution for final acceptance has'been prepared and approved by the County Attorney's Office. A copy of the document is attached. FISCAL IMPACT: The roadway and drainage improvements will be maintained by the project's homeowners association. Water and sewer improvements will be maintained by the County's Utility Department through their operation and maintenance budget. GROWTH MANAGEMENT I~PACT= None AGE NI~A,JTEM/'~ MAY 0 8 2001 Executive Summary ~Villas at Greenwood Lake Page 2 RECOMMENDATION: That the Board of County Commissioners grant final acceptance of the roadway, drainage, water and sewer improvements in "Villas at Greenwood Lake" and release the maintenance security. Authorize the Chairman to execute the attached resolution authorizing final acceptance. 2. Authorize the release of the maintenance security. PREPARED BY: Joh~ R. Houldswo~rth, Senior Engineer Engineering Review Date REVI~ _ Thomas E. Kuck, P.E. Engineering Review Manager JlZo/ z Date APPROVED BY: John ~. Dunnuck III, Interim Administrator Comm~,nity Dev. and Environmental Svcs. Date j rh AGEND~ 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 ,0 31 32 33 35 36 37 38 39 40 41 42 43 45 46 47 48 49 5O 51 52 53 55 ~ 56 .,8 59 60 RESOLUTION NO. 01- RESOLUTION AUTHORIZING FINAL ACCEPTANCE OF THOSE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS IN VILLAS AT GREENWOOD LAKE, RELEASE OF THE MAINTENANCE SECURITY, AND ACCEPTING THE MAINTENANCE RESPONSIBILITY FOR THE ROADWAY, DRAINAGE , WATER AND SEWER IMPROVEMENTS THAT ARE NOT REQUIRED TO BE MAINTAINED BY THE HOMEOWNERS ASSOCIATION. %q-IEREAS, the Board of County Commissioners of Collier County, Florida, on April 13, 1999 approved the plat of Villas at Greenwood Lake for recording; and WHEREAS, the developer has constructed and maintained the roadway, drainage, water and sewer improvements in accordance with the approved plans and specifications and as required by the Land Development Code (Collier County Ordinance No. 91-102, as amended); and the Utilities Standards and Procedures Ordinance (Collier County Ordinance No. 97-17), and WHEREAS, the developer has now requested final acceptance of the roadway, drainage, water and sewer improvements and release of his maintenance security; and WHEREAS, the Compliance Services Section of the Development Services Department has inspected the roadway, drainage, water and sewer improvements and is recommending acceptance of said facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance be granted for those roadway, drainage, water and sewer improvements in Villas at Greenwood Lake, and authorize the Clerk to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that the County accept the future maintenance and other attendant costs for the roadway, drainage, water and sewer improvements that are not required to be maintained by the homeowners association. This Resolution adopted a~er motion, second and majority vote favoring same. DATE: ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: JAMES D. CARTER, PHD., CHAIRMAN form and legal Patrick G. White Assistant Collier County Attorney MAY 0 8 2001 Pg._._ .~._ EXECUTIVE SUMMARY .{EQUEST TO GRANT FINAL ACCEPTANCE OF THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF "FIDDLER'S CREEK PHASE lB, UNIT THREE" OBJECTIVE: To grant final acceptance of the infrastructure improvements associated with that subdivision known as "Fiddler's Creek Phase lB, Unit Three" CONSIDERATIONS: On June 8, 1999, the Board of County Commissioners granted preliminary acceptance of the roadway, drainage, water and sewer improvements in "Fiddler's Creek Phase lB, Unit Three". o The roadway and drainage improvements will be maintained by the project's homeowner's association. The water and sewer improvements will be maintained by the County. o The required improvements have been constructed in accordance with the Land Development Code. The County Development Services has inspected the improvements and is recommending final acceptance of the improvements.. A resolution for final acceptance has been prepared and approved by the County Attorney's Office. A copy of the document is attached. FISCAL IMPACT: The roadway and drainage improvements will be maintained by the project's homeowners association. Funds for the routine maintenance and upkeep of the water and sewer improvements will come from the Operations and Maintenance budget of the Utilities Division. GROWTH MANAGEMENT IMPACT: None 0 8 001 Executive Summary Fiddler's Creek Phase lB, Unit Three Page 2 RECOMMENDATION: That the Board of County Commissioners grant final acceptance of the roadway, drainage, water and sewer improvements in "Fiddler's Creek Phase lB, Unit Three" and release the maintenance security. Authorize the Chairman to execute the attached resolution authorizing final acceptance. 2. Authorize the release of the maintenance security. J~hn 'R. H'o~'ldswo~rth, Engineering Review Senior Engineer Date REVIEWED BY: Thomas E. Kuck, P.E. EngLneering Review Manager Dake ' APPROVED BY: John M; Dunn~ck III, Interim Administrator Community Dev. and Environmental Svcs. Date j rh MAY 0 8 ZOO1 JEC . ',. ' ~' LOCATION MAP '"". ' AGENDA ITEM -- "°'- ,? MAY 0 8 2001 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 57 ~58 59 60 RESOLUTION NO. 01- RESOLUTION AUTHORIZING FINAL ACCEPTANCE OF THOSE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS IN FIDDLER'S CREEK PHASE 1 B, UNIT THREE RELEASE OF THE MAINTENANCE SECURITY, AND ACCEPTING THE MAINTENANCE RESPONSIBILITY FOR THE ROADWAY, DRAINAGE , WATER AND SEWER IMPROVEMENTS THAT ARE NOT REQUIRED TO BE MAINTAINED BY THE HOMEOWNERS ASSOCIATION. WHEREAS, the Board of County Commissioners of Collier County, Florida, on February 17, 1998 approved the plat of Fiddler's Creek Phase 1 B, Unit Three for recording; and WHEREAS, the developer has constructed and maintained the roadway, drainage, water and sewer improvements in accordance with the approved plans and specifications and as required by the Land Development Code (Collier County Ordinance No. 91-102, as amended); and the Utilities Standards and Procedures Ordinance (Collier County Ordinance No. 97-17), and WHEREAS, the developer has nov,' requested final acceptance of the roadway, drainage, water and sewer improvements and release of his maintenance security; and WHEREAS. the Compliance Services Section of the Development Services Department has inspected the roadway, drainage, water and sewer improvements and is recommending acceptance of said facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance be granted for those roadway, drainage, water and sewer improvements in Fiddler's Creek Phase 1 B, Unit Three, and authorize the Clerk to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that the County accept the future mmntenance and other attendant costs for the roadway, drainage, water and sewer improvements that are not required to be maintained by the homeowners association. This Resolution adopted after motion, second and majority vote favoring same. DATE: ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: JAMES D. CARTER, PHD., CHAIRMAN Approved as to form and legal sufficiency: Patrick O. White Assistant Collier County Attorney NAoGENDA ITE5 ,, / MAY 0 8 ZOO1 EXECUTIVE SUMF~Y REQUEST TO GRANT FINAL ACCEPTANCE OF THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF -FIDDLER'S CREEK PEPPER TREE VILLAGE AND BENT CREEK VILLAGE" OBJECTIVE: To grant final acceptance of the infrastructure associated with that subdivision known as "Fiddler's Tree Village and Bent Creek Village" improvements Creek Pepper CONSIDERATIONS: On October 27, 1997, the Board of County Commissioners granted preliminary acceptance of the roadway, drainage, water and sewer improvements in "Fiddler's Creek Pepper Tree Village and Bent Creek Village". o The roadway and drainage improvements will be maintained by the project's homeowner's association. The water and sewer improvements will be maintained by the County. o The required improvements have been constructed in accordance with the Land Development Code. The County Development Services has inspected the improvements and is recommending final acceptance of the improvements. A resolution for final acceptance has been prepared and approved by the County Attorney's Office. A copy of the document is attached. FISCAL IMPACT: The roadway and drainage improvements will be maintained by the project's homeowner~ association. Funds for the routine maintenance and upkeep of the water and sewer improvements will come from the Operations and Maintenance budget of the Utilities Division. GROWTH MANAGEMENT IMPACTt None ?_001 Executive Summary Fiddler's Creek Pepper Tree Village and Bent Creek Village Page 2 RECOMMENDATION: That the Board of County Commissioners grant final acceptance of the roadway, drainage, water and sewer improvements in "Fiddler's Creek Pepper Tree Village and Bent Creek Village" and release the maintenance security. Authorize the Chairman to execute the attached resolution authorizing final acceptance. 2. Authorize the release of the maintenance security. PREPARED BY: J~hn-R. Houldswd~h, Senior Engineer Engineering Review Date Thomas E. Kuck, P.E. Engineering Review Manager bate' APPROVED BY: \~.~ ~[ [ ~'~ti/Zi~i~ ~ nt er lm Admini s t rat or John M.. '~unnuc , Commun'~y Dev. and Environmental Svcs. Date j rh I A¥ 0 8 001 pg.._ ~ __ GuLF o~' JEC LOCATION MAP ..... AGENDA ITEM .0. /~,~~ MAY 0 8 2001 1 2 3 4 5 6 7 8 9 lO 11 12 13 14 15 16 17 18 19 2o 21 22 23 24 25 26 27 28 - 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 55 56 '57 J8 59 60 RESOLUTION NO. 01- RESOLUTION AUTHORIZING FINAL ACCEPTANCE OF THOSE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS IN FIDDLER'S CREEK PEPPER TREE VILLAGE AND BENT CREEK VILLAGE, RELEASE OF THE MAINTENANCE SECURITY, AND ACCEPTING THE MAINTENANCE RESPONSIBILITY FOR THE ROADWAY, DRAINAGE WATER AND SEWER IMPROVEMENT'S THAT ARE NOT REQUIRED TO BE MAINTAINED BY THE HOMEOWNERS ASSOCIATION. WHEREAS, the Board of County Commissioners of Collier County, Florida, on May 13, 1997 approved the plat of Fiddler's Creek Pepper Tree Village and Bent Creek Village for recording; and WHEREAS, the developer has constructed and maintained the roadway, drainage, water and sewer improvements in accordance with the approved plans and specifications and as required by the Land Development Code (Collier County Ordinance No. 91-102, as amended); and the Utilities Standards and Procedures Ordinance (Collier County Ordinance No. 97-17), and WHEREAS, the developer has now requested final acceptance of the roadway, drainage, water and sewer improvements and release of his maintenance security; and WHEREAS, the Compliance Services Section of the Development Services Deparmaent has inspected the roadway, drainage, water and sewer improvements and is recommending acceptance of said facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance be granted for those roadway, drainage, water and sewer improvements in Fiddler's Creek Pepper Tree Village and Bent Creek Village, and authorize the Clerk to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that the County accept the future maintenance and other attendant costs for the roadway, drainage, water and sewer improvements that are not required to be maintained by the homeowners association. This Resolution adopted after motion, second and majority vote favoring same. DATE: ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: JAMES D. CARTER, PHD., CHAIRMAN Approved as to form and legal Iuff~:iencv: Patrick G. White Assistant Collier County Attorney MAY 0 8 001 EXECUTIVE SUMMARY FINAL ACCEPTANCE OF WATER UTILITY FACILITIES SERVICING CYPRESS WOODS FIRE HYDRANT OBJECTIVE: The Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, to accept the conveyance of the water facilities. CONSIDERATIONS: 1) The Developer of Cypress Woods, has constructed the water facilities within dedicated easements to serve this development. See attached location map. 2) Preliminary acceptance was approved by the Community Development and Environmental Services staff on November 4, in accordance with Ordinance 97-17. 1998, 3) Staff has recorded all appropriate legal documentation which had been reviewed by the County Attorney's office for legal sufficiency. 4) The water facilities have been operated and maintained by the Collier County Water-Sewer District during the one 1) year warranty period. 5) A final inspection to examine for any defects zn materials and workmanship was conducted by the Community Development and Environmental Services Division staff and found to be satisfactory. 6) The Utilities Performance Security (UPS), in the form of a Cash Bond in the amount of $354.94, will be released to the Project Engineer or the Developer's designated agent upon the Boards approval. FISCAL IMPACT: The water facilities were constructed without cost to the Collier County Water-Sewer District. The cost of operating and maintaining the water facilities will be paid by monthly user revenues. GROWTH MANAGEMENT IMPACT: This project has been connected to the County Regional Water Treatment Plant. Capacity presently exists to serve this project. / Executive Summary Cypress Woods Page Two RECOMMENDATION: The Community Development and Environmental Services Division Administrator recommends that the Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, accept the water facilities servicing Cypress Woods Fire Hydrant, and release the UPS to the Project Engineer or the Developer's designated agent. PREPAR~ED BY: ~ ~ Shirley N~ix,/ Engineering Technician Engineer~n~/ Review Services II Date REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Services Manager Robert Mulhere, AICP Planning Services Department Director Date Date APPROVED BY: Interim Administrator AND ENVIRONMENTAL SERVICES Date attachments MAY 0 8 200t, EXECUTIVE SUMMARY REQUEST TO GRANT FINAL ACCEPTANCE OF THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF "GREY OAKS UNIT EIGHT" OBJECTIVE: To grant final acceptance of "Grey Oaks Unit Eight" CONSIDERATION: On June 27, 1995, the Board of County Commissioners granted preliminary acceptance of the roadway, drainage, water and sewer improvements in "Grey Oaks Unit Eight". o The roadway and drainage improvements will be maintained by the project's homeowners association. The water improvements will be maintained by the City of Naples. The County will maintain the sanitary sewer improvements. o The required improvements have been constructed in accordance with the Land Development Code. The County Development Services has inspected the improvements and is recommending final acceptance of the improvements. o A resolution for final acceptance has been prepared and approved by the County Attorney's Office. A copy of the document is attached. FISCAL IMPACT: The sanitary sewer improvements will be maintained by the County Utilities Division. Funds for the routine maintenance and upkeep will come from the Operations and Maintenance budget of the Utilities Division. GROWTH MANAGEMENT IMPACT: None 2001 Pi. / Executive Summary Grey Oaks Unit Eight Page 2 RECOMMENDATION: That the Board of County Commissioners grant final acceptance of the roadway, drainage, water and sewer improvements in "Grey Oaks Unit Eight" and release the maintenance security. 1. Authorize the Chairman to execute the attached resolution authorizing final acceptance. 2. Authorize the release of the maintenance security. pREPARED BY: J~hn R. Houldsworth, Senior Engineer Engineering Review Date Thomas ~. Kuck, P.~. Engineering Review Manager Robert Mulhere, AICP Planning Services Department Director Date APPROVED~ BY: ~ John M. D~hnuck III, ~terim Administrator Communit~ Dev. and Environmental Svcs. ']Jate j rh MAY 0 8 2001 J 1 2 3 4 5 6 7 8 9 lO 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3o 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 5o 51 52 53 54 55 56 57' 58 59 6o RESOLUTION NO. 2001- RESOLUTION AUTHORIZING FINAL ACCEPTANCE OF THOSE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS IN GREY OAKS UNIT EIGHT, RELEASE OF THE MAINTENANCE SECURITY, AND ACCEPTING THE MAINTENANCE RESPONSIBILITY FOR THE ROADWAY, DRAINAGE WATER AND SEWER IMPROVEMENTS THAT ARE NOT REQUIRED TO BE MAINTAINED BY THE HOMEOWNERS ASSOCIATION. WHEREAS, the Board of County Commissioners of Collier County, Florida, on February 21, 1995 approved the plat of Grey Oaks Unit Eight for recording; and WHEREAS, the developer has constructed and maintained the roadway, drainage, water and sewer improvements in accordance with the approved plans and specifications and as required by the Land Development Code (Collier County Ordinance No. 91-102, as amended); and the Utilities Standards and Procedures Ordinance (Collier County Ordinance No. 97-17), and WHEREAS, the developer has now requested final acceptance of the roadway, drainage, water and sewer improvements and release of his maintenance security; and WHEREAS, the Compliance Services Section of the Development Services Department has inspected the roadway, drainage, water and sewer improvements and is recommending acceptance of said facilities. NOW, THEREFORE, BE 1T RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance be granted for those roadway, drainage, water and sewer improvements in Grey Oaks Unit Eight, and authorize the Clerk to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that the County accept the future maintenance and other attendant costs for the roadway, drainage, water and sewer improvements that are not required to be maintained by the homeowners association. This Resolution adopted after motion, second and majority vote favoring same. DATE: ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: JAMES D. CARTER, PHD.,CHAIRMAN Approved as to form and legal Patrick G. White Assistant Collier County Attorney .o. pg. EXECUTIVE SUMMARY AUTHORIZE STAFF TO PRODUCE A BOATER'S GUIDE AND TO SEEK ADDITIONAL FUNDING SOURCES THROUGH GRANTS AND PARTNERSHIPS. OBJECTIVE: To educate boaters about Collier County's waterways and their associated resources in order to help conserve the coastal resources in Collier County. CONSIDERATION: Purpose and Description The purpose of the guide will be to educate boaters using the waterways of Collier County. The Guide will consist of a multi-leaf, fold out color brochure, printed on water- proof paper, that boaters can use while boating. Highlights of the guide will include information on boating safety, manatee protection, habitat protection, locations of boat ramps, marinas, artificial reefs and, native habitats, fishing and diving information. The guide will help conserve the coastal resources in Collier County by helping boaters become more aware of sensitive habitats and how to safely use the County's recreational waters. Public Input and Participation Partnerships will be sought with local groups and agencies to provide input into the design of the guide and to further offset the cost of printing the guide. Staff will provide an opportunity for various marine and environmental interest groups to assist in the design and review of the guide through the creation of an informal advisory group. Staff will post the various drafts on the Natural Resources web site for public comment. Contributors and Sponsors Partnerships agreements seeking $1000 contributions from private and public groups will also be sought to offset costs. The attached letter will be mailed to a number of local groups and organizations seeking participation and financial contributions towards the production of the Guide. A contribution of $1,000 will allow the contributing entity to have its logo placed on the boater's guide. Project Cost The total project cost will be $32,500. The cost for the production of a printer ready copy of the Guide is $3500. Staff will contract with the Florida Marine Research Institute (FMRI) to produ, ce the maps and a print ready copy of the guide. Forty thousand waterproof copies of the Guide will be printed at a cost of $29,000. This will produce sufficient copies for a 3-year distribution program Project Schedule The Guide will be ready for distribution January 2002, in time for peak season (see attached schedule). Staff is requesting a Budget Amendment for this Fiscal Year in_order to have the guide ready for the 2002 winter season. MAY 0 B 2001 Boater's Guide Distribution The 40,000 waterproof copies of the guide will be distributed as follows: · 10,000 copies will be delivered to local marinas, dive shops, marine supply stores, bait shops, and other locations frequented by boaters. · 6,000 copies will be delivered to the Florida Fish and Wildlife Conservation Commission Law Enforcement Officers for distribution on the waterways. · 6,000 copies will be delivered to the Collier County Sheriff's Marine Division for distribution on the waterways. · 6,000 copies will be delivered to Parks and Recreation for distribution at County owned boat ramps · 6,000 copies will be delivered to non-County owned boat ramps · 6,000 copies will be delivered to the County Natural Resources Department and contributing partners FISCAL IMPACT: The Natural Resources Department will process a budget amendment for $3500 from the MSTD Unincorporated Fund 111 Reserves for the layout and design of the guide. Twenty nine thousand dollars in Boaters Registration Fees from the Boaters Improvement Fund will be allocated in the FY 01/02 Budget for the printing of the guide. An application to the Florida Boaters Improvement Program (FBIP) will be made requesting a $14,500 grant. If awarded the monies will be used to offset printing costs. Contributions from contributing parmers will also reduce the cost to the Boater Improvement Fund. GROWTH MANAGEMENT IMPACT: The Boater's Guide will support Objective 6.6, 6.7, 7.2, and 10.2 of the Conservation and Coastal Management Element of the County Growth Management Plan. RECOMMENDATION: That the BCC authorize the Natural Resource Department to: (1) produce and distribute a Boater's Guide, (2) seek public input and participation in design of the guide, (3) seek partnerships and grant funds to offset future printing costs, and (4) process the necessary budget amendments as outlined above. Douglas ~. S~ Sem"o~vironmental Specialist ! ~f~b/].~.~ ~ Date: REVIEWED BY: Will/~. ~orenz, ~. e.E./'l~i~ector, Natural Resources Department John l~J Dunnuc~, Interim AdministratOr CommUnity Development & Environmental Services MAY 0 8 2001 MAY 0 8 2001 MAY 0 8 2001 COlLaR COUNTY GOVERNMENT COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION HEALTH/COMM SERVICES BLDG. 3301 E. TAMIAMI TR. NAPLES, FLORIDA 34112 Potential Partner Address City, State Zip 5/1/01 SUBJECT: Boater's Guide to Collier County Dear Potential Partner: I would like to take this opportunity to invite you to participate with Collier County in the production of a "Boater's Guide to Collier County". We are in the process of producing a Boater' s Guide similar to those produced by many other Coastal Counties. We are looking for technical assistance in the layout of the Guide and financial assistance in printing the Guide. Space has been allocated on the Guide for placement of contributing parmer logos. With a $1000 contribution towards the printing of the Guide we will place a contributing partners logo on the Guide and provide additional copies of the Guide for each partnering organization. If you are interested in collaborating on the Guide and/or contributing towards printing please contact me at (941) 732-2505. Sincerely, Doug Suitor, Senior Environmental Specialist C: NRD File: Boaters Guide Building Review & Permitting Code Enforcement Housing & Urban Improvement (941) 403-2400 (941) 403-2440 (941) 403-2330 Natural Resources Planning Services Pollution Control (941) 732-2505 (941) 403-2300 (941) 732-2502 MAY 0 8 2001 EXECUTIVE SUMMARY APPROVE A DEVELOPER CONTRIBUTION AGREEMENT WITH PR VI, LLC, AN INDIANA LIMITED LIABILITY COMPANY, ("DEVELOPER") FOR THE IMPROVEMENTS OF TARPON BAY BOULEVARD AND 20TH AVENUE NW. OBJECTIVE: To obtain Board approval for a Developer Contribution Agreement between Collier County and the Developer for the contribution of improvements of Tarpon Bay Boulevard and 20th Avenue NW in exchange for impact fee credits. CONSIDERATIONS: At the April 24, 2001 regular meeting, the BCC directed the County Attorney's Office to prepare a Developer Contribution Agreement between the County and the Developer. These improvements were identified during the adoption of the Consolidated Impact Fee Ordinance (Ordinance 2001-13) as not being subject to the limitation of impact fee credit availability. Section 74-205 provides for developer contribution credit against road impact fees imposed under Section 74-201. Under the provisions of the above referenced Ordinance, when the Transportation Administrator approves the improvements as being an integral component of the transportation network, the Administrator may ask the BCC to approve a Developer Contribution Agreement which will establish a credit against impact fees otherwise payable for the development of the parent parcel from which the improvements came. Prior Board of County Commissioner action consolidated several individual PUDs, which individually would have had sole access to Oaks Boulevard, currently a two- lane collector with single-family homes as the predominant land use. As part of the consolidation of the PUDs, an opportunity to provide access to Immokalee Road as well as Oaks Boulevard was developed. This roadway connection, Tarpon Bay Boulevard and a portion of 20th Avenue NW, will provide limited relief to the intersection of Immokalee Road and Oaks Boulevard. PR VI, LLC is constructing the improvements to the maximum extent physically feasible to be consistent with a minor collector road typical section. The estimated cost,, to provide the minimum required access to the PUDs would have been $233,678.25 that is non-creditable. Pursuant to the Developer Contribution Agreement, the estimated cost, as determined by a Professional Engineer, to the developer to construct Tarpon Bay Boulevard, [eligible for road impact fee credits] is $855,548. Upon determining actual costs, PR VI, LLC shall be entitled to an increase not to exceed 20% of the estimated costs. This DCA is one of the remaining agreements that were not subject to the limitations of the new Consolidated Impact Fee Ordinance. FISCAL IMPACT: The Developer Contribution Agreement shall establish a Road Impact Fee Credit in the amount of eight hundred fifty-five thousand, five hundred forty- eight dollars ($855,548) in Road Impact Fee District One. The amount ~t t,~ _N~M N. MAY 0 8 2001 Pg. \ ~ to the difference between construction of Tarpon Bay Boulevard and 20th Avenue NW versus an access driveway. An estimate of the road impact fees to be collected from the development of the Malibu PUD is in excess of $1,000,000. Therefore, build out of the developments will result in additional impact fees to be collected from the PUDs above the credits permitted. The credits will be in Impact Fee District One. GROWTH MANAGEMENT IMPACT: The addition of the secondary roadway from Immokalee Road to Oaks Boulevard will provide relief to the intersection of Oaks Boulevard and Immokalee Road. This action is consistent with the GMP. RECOMMENDATION: That the Board of County Commissioners: Approve the Developer Contribution Agreement. Authorize the Chairman to execute the Developer Contribution Agreement; and Authorize the acceptance and recordation of any necessary conveyance or release documents upon approval of the Office of the County Attorney; and Authorize Staff to record all pertinent documentation in the Public Records of Collier County, Florida. /~ /~-'. ,, Date: Prepared bY: bav~n R. Wolfe, Tr~sportatio~lanning Director Reviewedby:,~,~L~,'~!u, iC~,~'~,_.~( /.~,7/~c~.z .... Date: J~uel~e Hubbar~ ~°bins~n, Assistant County Attorney Approved bY: ~ ~'~ -' '"-~' ;~ Date: ~or~an E. Fed~Transp~tion Se~ices Administrator MAY 0 8 2001 STANDARD FORM COLLIER COUNTY CONTRIBUTION AGREEMENT FOR ROAD IMPACT FEE CREDITS FOR TARPON BAY BOULEVARD No. 2001-002-TR-TARPON BAY THIS CONTRIBUTION AGREEMENT is made and entered into this ~ of May, 2001, by and between PR VI, LLC, an Indiana Limited Liability Company, duly organized and authorized to conduct business in the State of Florida, hereinafter referred to as "Developer," by and through Michael E. Nortman, Vice President, who has been duly authorized to execute this Contribution Agreement for Road Impact fee Credits and THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AS THE GOVERNING BODY OF COLLIER COUNTY, hereinafter referred to as "County." RECITALS: WHEREAS, Developer is desirous of entering into a contribution agreement with the County which grants a credit for road impact fees, in exchange for the contribution of off-site improvements to the County's transportation network; and WHERE. AS, Developer either has legal control over, or is the record title owner of certain lands described in Exhibit "A" (hereinafter referred to as "The Development") attached hereto and incorporated herein by reference, wherein a roadway, (hereinafter "The Project"), described and identified in Exhibit "B", is to be constructed and Developer is to contribute the actual construction of this road to Collier County, which upon development in the near future will be subject to the imposition of road impact fees; and WHEREAS, the parties acknowledge that a portion of the donated land for The Project is to be contributed by a third party, and the obligations of the County pursuant to this agreement take effect only upon the transfer of acceptable title to the entire roadway depicted in Exhibit "B" as a donation to the County and acceptance of the land donation by the County; and WHEREAS, the parties acknowledge that the valuation of eligible anticipated construction to the County's transportation network is based upon professional opinions of total project probable costs certified by a professional architect or engineer attached hereto as Exhibit "C," and WHEREAS, the parties acknowledge, in the case of contributions of construction or installation of improvements, the value of the developer's proposed contribution shall be adjusted upon completion of the construction to reflect the actual cost installation of improvements contributed by developer, but in any event nc~-}~-i~~ (20) percent of the estimated probable costs; and { ~Y 0 8 2001 WHEREAS, the terms "The Development" refers to the land areas directly affected by the road impact construction as defined in the Collier County Code of Ordinances sections pertaining to road impact fees; and WHEREAS, the Transportation Administrator will recommend to the Board of County Commissioners that the proposed plan for contribution is in conformity with contemplated improvements and additions to the County's transportation network and that it will be advantageous to the public for Developer to contribute certain off-site improvements as described herein and in Exhibit "B" which are composed of, among other things, facilities that are required to be made pursuant to a development order or voluntarily made in connection with road impact construction. WHEREAS, the parties acknowledge that all construction cost estimates are based upon construction plans, specifications and conveyances in conformity with the road construction standards and procedures of the County and were approved by the Collier County Transportation Administrator prior to commencement of construction; and WHEREAS, Developer acknowledges and agrees that it has full power and authority to cause the construction or installation of the subject contribution and thereafter execute any and all documentation necessary to convey the contribution to the County in conformance with the County's transportation standards, procedures, ordinances and regulations; and WHEREAS, after reasoned consideration by the Board of Commissioners, the Board has authorized the County Attorney to prepare this Contribution Agreement upon the Board finding that: a. The Project is in conformity with the contemplated improvements and additions to the County's transportation system; The Project, viewed in conjunction with other existing or proposed plans, will not adversely impact the cash flow or liquidity of the County's road impact fee trust account in such a way as to frustrate or interfere with other planned or ongoing growth necessitated capital improvements and additions to the County's transportation system; c. The Project is consistent with the public interest; and WHEREAS, the Board of County Commissioners finds that the contributions contemplated by this Contribution Agreement are consistent with the County's existing comprehensive plan; and WHEREAS, this Contribution Agreement shall not be construed or characterized as a development agreement under the Florida Local Government Development Agreement Act. AGE M MAY 0 8 2001 2 ,I WITNESSETH: NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and valuable consideration exchanged amongst the parties, and in consideration of the covenants contained herein, the parties agree as follows: The above recitals are mae and correct and shall be incorporated herein. 1. In exchange for the contributions identified and contemplated in this Contribution Agreement as set forth in Exhibit "B," Developer shall be entitled to a cash reimbursement or a credit for road impact fees as more particularly described herein. The amount of cash reimbursement and credit from road impact fees shall be determined according to the following descriptions and standards of valuation: a. In the case of contributions of construction or installation of improvements, the value of Developer's proposed contribution shall be adjusted upon completion of the construction to reflect the actual cost of construction or installation of improvements experienced by Developer. However, in no event shall any upward adjustment exceed twenty percent (20%) of the initial estimate of costs for contributions. The initial estimate of costs for contributions under this Contribution Agreement is detailed in Exhibit "C". b. A narrative description of the contribution and a time schedule for completion of the Project prepared by a professional architect 'or engineer, are attached hereto as composite Exhibit "D," which is incorporated herein by reference. 3. Upon execution of this Contribution Agreement, additional work requested by the County beyond that contemplated in the description of and estimate of costs for contributions under this Contribution Agreement shall be paid for by the County and shall not be considered or included in the value of any Developer's contribution unless agreed to by the parties. 4. The credit for road impact fees identified herein shall run with the subject Road Impact Construction Lands, as described in Exhibit "A" and shall be reduced by the entire amount of each road impact fee due on the first building permit issued thereon and each successive building permit until the project is either completed or the credits are exhausted or otherwise no longer available. It shall be Developer's obligation to notify the County that a credit is available, each time a building permit is applied for. If a credit is available, it shall be deducted from the available balance. All credits shall be assignable and may be used throughout the road impact fee con ,~. ct]~l~~~ road impact fee district 1 as set forth in the area described in exhibit ['Elqlo. tO! ]q ,Y 0 8 2001 5. An _annual review and audit of performance under this Contribution Agreement shall be performed by the County to detennine whether or not there has been demonstrated good faith compliance with the terms of this Contribution Agreement and to report the credit applied toward payment of road impact fees and the balance of available unused credit. If the Collier County Board of Commissioners finds, on the basis of substantial competent evidence, that there has been a failure to comply with the terms of this Contribution Agreement, the Agreement may be revoked or modified by the County after the developer has been notified of a default and has been given a reasonable time to respond. 6. The duration or availability of credits pursuant to this Contribution Agreement, shall not be for a period in excess of five (5) years from the date of substantial completion of the approved plan of construction, but in no event shall the availability of credits under this Contribution Agreement exceed seven (7) years, exclusive of any moratoria, from the date of recording this Contribution Agreement in the Official Records of Collier County, Florida. For the purposes of this agreement, the date of substantial completion shall be the date of final acceptance by the County. 7. Developer shall keep or provide for retention of adequate records and supporting documentation that concern or reflect total project cost of construction or installation of any improvements to be Contributed. This information shall be available to the County or its duly authorized agent or representative, for audit, inspection, or copying, for a minimum of five (5) years from the termination of this Contribution Agreement. 8. The failure of this Contribution Agreement to address any permit, condition, term, or restriction shall not relieve either the Developer or its successors, of the necessity of complying with any law, ordinance, role or regulation governing said permitting, requirements, conditions, or terms of restrictions. This Contribution Agreement shall be modified or revoked as is necessary to comply with all relevant State or Federal laws enacted after the execution of this Contribution Agreement which are applicable to and preclude the parties compliance with the terms of the Contribution Agreement. 9. Except as otherwise provided herein, this Contribution Agreement shall only be modified or amended by the mutual written consent of the parties hereto or by their successors in interest. 10. The burdens of this Contribution Agreement shall be binding upon, and the benefits of the Contribution Agreement shall inure to, all successors in interest to the parties to this Contribution Agreement. _. MAY 0 8 2001 Pg. ~ - 11. The performance and execution of this Contribution Agreement shall be carded out in conformance with the Risk Management Guidelines established by the County's Risk Management Department as more particularly described in Exhibit "F" attached hereto and incorporated herein by reference. 12. This Contribution Agreement shall be recorded by the County in the Official Records of Collier County, Florida within fourteen (14) days after the County, by its duly authorized Chairman, executes this Agreement. A copy of the recorded document will be provided to Developer. 13. Any party to this Agreement shall have the ability to file an action for injunctive relief in the Circuit Court of Collier County to enforce the terms of this Contribution Agreement, said remedy being cumulative within any and all other remedies available to the parties for enforcement of this agreement. 14. Developer agrees, by virtue of entering into this agreement, that all donations and contributions are consistent with the Collier County Comprehensive Plan. 15. County agrees, by virtue of entering into this agreement, that all donations and contributions are consistent with the Collier County Comprehensive Plan. 16. Developer certifies, by virtue of entering into this agreement, that Developer is the sole owner of or has control over the land encompassing The Project. Developer shall provide to the County, in a form acceptable to the County Attorney, all necessary warranty deeds conveying the land for the Project. Developer shall provide an attorney's opinion of title or a title policy equal to the value of The Project, including the land donation, prior to the time of transfer of the Project to the County. Title documents, including warranty deeds and title policies, shall be delivered to the County in a recordable fashion in no less than forty-five (45) days prior to the County's acceptance of the improvements to be constructed. County shall have thirty (30) days to review and object to any documents relating to, or any liens or encumbrances on the property to be conveyed. Time for County review shall begin after receipt of required documents of title and conveyance from Developer by the Office of the County Attorney. 17. The parties acknowledge, by virtue of entering into this agreement, that the off- site improvements and land donations contributed are an integral part of and a necessary accommodation to the County's transportation network. 18. The off-site improvements, if any, excluded site-related access improvements. 19. The Transportation Administrator has determined that the proposed road impact fee credit plan is consistent with the public interest. MAY O 8 2001 Po. "-/ 20. Developer will provide, in Exhibit "G", an attorney's opinion setting forth the legal authority and validity of any business entity utilized by the developer in the execution of this agreement, including an affidavit listing the names and addresses of all partners, if a partnership, and stating that the entity is in full force and effect. 21. The parties acknowledge that the donation and/or contribution is characterized as work done and property rights acquired by a highway or road agency for the improvement of a road within the boundaries of a public right of way. 22. The amount of the road impact fee credits, to be granted under this agreement is estimated to be $855,548.00 and may be adjusted pursuant to the terms of this Contribution Agreement. 23. Any future reimbursement for excess impact fee credits shall come fi:om future receipts by the County of road impact fees. However, no reimbursement shall be paid until such time as all development, as defined by the transportation administrator, at the location that was subject to the credit has been completed. Such reimbursement shall be made over a period of five (5) years fi:om the completion of the development. 24. The road impact fee credit granted shall only be for donations or contributions made to the transportation network to accommodate growth and which were made within the respective road impact fee district where the road impact construction is located. SPECIAL CONDITIONS Developer shall convey or Cause to be conveyed, by warranty deed[s] in fee simple, to the County the right of way necessary to construct the project, at no cost to the County free and clear of all liens and encumbrances. The right of way shall be conveyed to the County prior to or at the time the County accepts the Project. All costs of conveyance shall be borne by the Developer. The Project shall be accepted at the time the Developer's engineer certifies to the County and the County's engineer agrees that the Project is complete and all conditions set forth herein have been satisfied. The county shall have fourteen (14) calendar days, after the Developer tenders the Project to the County and the written request for acceptance is received by the Transportation Division, to inspect the Project. If the title work is satisfactory to the County Attorney and the Transportation Division agrees to accept the Project, the impact fee credits shall be distributed as set forth herein. ~C).~ MAY 0 8 2001 AS TO COUNTY: Attest: Dated: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISIONERS COLLIER COUNTY, FLORIDA, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA By: WITNESSES: By: JAMES D. CARTER, Ph.D., Chairman PR VI, LLC. AN INDIANA LIMITED LIABILITY COMPANY Print Name: Print Name: By:. MICHAEL E. NORTMAN Title: Vice President STATE OF FLORIDA COUNTY OF LEE The foregoing instrument was acknowledged before me this day of ,2000, by Michael E. Nortman, on behalf of PR VI, LLC, on behalf of the limited liability company. He is [ ] personally known to me, or [ ] has produced driver's license no. as identification. (SEAL) Approved as to form and legal sufficiency: l~acqu~line Hubbard Robinson, ' - -_A~sistant County Attorney NOTARY PUBLIC Name: (Type or Print) My Commission Expires: AGENDA ITi~M No, j~,~t"'~. / PlAY - 8 200!, Pg. (~ 7 EXtFIBITS TO BE ATTACHED TO AGREEMENT Exhibit "A" - - Legal Description of The Development [Laguna Point] Exhibit "B" - Graphic Description of Roadway to be contributed and constructed Exhibit "C" - - Professional Opinion of Probable Cost of Construction Exhibit "D" - - Time Schedule of Estimated Time of Completion of Roadway [The Project] and narrative description by Professional Engineer Exhibit "E" - - Legal Description of Road Impact Fee District One Exhibit "F" -- Risk Management Guidelines Exhibit "G" - - Attorney's Opinion of Legal Authority of Business Entity Jhr/memo/Standard Developer Agr¢¢mtmt MAY 0 8 2001 8 Recelvect: 4/27/2001 11:30; '>Goocllette,Coleman,&JO~nson, pA; #990; Page Q GRADY MINOR 941 947 0375 04/27 '01 11'15 N0.775 02/03 :~ :! l'li[Jl''~! ~ :~ L ' ' lt::dtiMt "A" - LegM Description of Development (L~ma Point) III i i i i i .! J i Iii il Exhibit 'B' - Graphic Description of Roadway I~ be Contributed & Comtructed AGI~ID~ I*T*ll~li/~ HAY 0 8 2001 Tarpon Bay Boulevard 20th Avenue NW and Oakes Boulevard Road Construction REVISED 4/1 I/01 Schedule "A" Demolition, Clearing, Earthwork and Site Preparation A-1 Construct silt fence prior to the start of construction and maintain in place until completion of construction per plan and details per lineal foot installed. Unit Quantity. Unit Price L.F. 7,500 $2.50 Total Price $18,750.00 A-2 Clearing. grubbing and preparation of the rieht-of-wav area including removal and proper disposal of'all material o£fo£subject property. Unit t Quantit~ I Unit Price I Total Pricc l Acre 6.2 $4,500.00 I $27,900.00 A-3 Demolition of existing drivexvay (Oakes Boulevard). Unit Quantity. I Unit Price Each I $2.000.00 Total Price '$2.000.00 A-4 Importation, placement and compaction of clean sand fill material to construct the roadway and shoulders including required testing. Unit Cubic Yard Quantity. 22,000 Unit Price t Total Price $7.50 I $165,000.00 Total for Schedule "A" $213,650.00 F:\J()IISMA LlllU\CDS\ESTI0411 .I)OC lgaMbtt "C" - ProfesskmM Opinion of Probable Cost of C. omtrucflon Page i of 5 0 8 2001 ML5 Tarpon Bay Boulevard 20Ih Avenue NW and Oakes Boulevard Road Construction REVISED 4/11/01 Schedule "B' Drainage Improvements Furnishing and hm'~dling of all required materials, dewatering, bedding material (if necessary), rock removal and disposal off-site (if necessary), installation, backfilling, compaction, compaction testing in road~vay areas, final grading, coordinating with other contractors and utility companies, flushing, clean-up, repair of any damage caused by construction and other items necessary to complete the system and provide the owner with a complete working drainage system as shown on the drawings and specified on the contract documents. Pipe measurement is to inside face of structures. UNIT TOTAL ITEM DESCRIPTION UNIT QUANTITY PRICE PRICE B-I 15" RCP L.F. 114 $20.00 $2,280.00 B-2 18" RCP L.F. 1,243 24.00 29,832.00 B-3 24" RCP L.F. 852 32.00 27,264.00 B-4 30" RCP L.F. 560 40.00 22,400.00 B-5 36" RCP L.F. 69 50.00 3,450.00 B-6 12" x 18" ERCP L.F. 37 26.00 962.00 B-7 14" x 23" ERCP L.F. 718 32.00 22,976.00 B-8 24" x 38" ERCP L.F. 32 40.00 1,280.00 B-9 29" x 45" ERCP L.F. 29 48.00 1,392.00 B- I 0 Valley gutter inlet (3' x 4' & 4' x 4') EA. 5 2,000.00 I 0,000.00 B-I I Type 'C' inlet EA. 1 1,500.00 1,500.00 B- 12 Throat Inlet EA. 12 1,800.00 21,600.00 B- 13 FDOT Type '6' curb inlet EA. I 2,000.00 2,000.00 B-14 Type 'C' inlet w/top, ring and cover (JB-6) EA. 1 1,700.00 1,700.00 I3-15 18" Mitered end EA. 2 700.00 ! ,400.00 B- 16 24" Mitered end EA. I 800.00 800.00 AG Fr..,ND~ IqjEM F:\JO[~'UAt.,OIACDS\ESTm~.,,.DOC EXHIBIT "c" 0 8 2001 Page 2 of 5 Tarpon Bay Boulevard 20m Avenue NW and Oakes Boulevard Road Construction REVISED 4/11/01 Schedule "B" Drainage Improvements (Continued) B-17 ' 12" x 18" Mitered end I EA. 1 400.00 400.00 B-18 29" x 45" Mitered end EA. I 1,500.00 1,500.00 B- 19 18" Finished end EA. 2 1,000.00 2.000.00 - B-20 Brick ends EA. 3 500.00 1,500.00 B-21 Spreader swale and Preserve area structure L.S. I 2,800.00 2,800.00 with rip-rap (CB56) B-22 10' Rise x 20' span x 64 l.f. "con/span", wing EA. I 118,000.00 II 8,000.00 walls, footings, gravel & - rip-rap t Total fi~r Schedule "B' $277,036.00 F:UOII~,MA L113 U\CDS\EST 104 ! I. DOC EXHIBIT "C" Page 3 of 5 HAY 0 8 2001 Tarpon Bay Boulevard 20th Avenue NW and Oakes Boulevard Road Construction REVISED 4/I 1/01 Schedule "C" Roadway Construction Roadway construction complete per the plans and Collier County specifications including stabilized subgrade, stabilized shoulder, limerock base, tack coat, asphaltic concrete, required testing by an independent laboratory, finish grading for full width of right-of-way and easements, sod, seeding and mulch. UNIT I TOTAL ITEM DESCRIPTION UNIT QUANTITY PRICE PRICE C-I 1.5" Asphalt Type S-3 S.Y. 17,323 $5.25 $90,945.75 C-2 8" Limerock Base S.Y. 17,323 6.50 112,599.50 C-3 12" Stabilized Subgrade S.Y. 19,040 3.50 66,640.00 C-4 2' Concrete valley gutter L.F. t 881 7.00 I 6,167.00 C-5 'Fype 'A' curb L.F. 5,530 8.00 44.240.00 C-6 Type 'F' curb L.F. 7,192 9.00 64,728.00 C-7 6' Wide concrete sidewalk L.F. 3,723 I 1.00 40,953.00 C-8 All striping and markers L.S. 12.000.00 12,000.00 C-9 Speed limit sign EA. 8 390.00 3,120.00 C-10 Regulatory signs EA. 9 390.00 3,5 I0.00 C-1 I Bahia Sod S.F. 22,000 0.20 4.400.00 C-12 Seed, mulch, & fertilize ACRE 3.3 1,790.00 5.907.00 C- 13 Maintenance of traffic L.S. I 10,000.00 10,000.00 C-14 Guardrail (includes 4 end L.F. 190 30.00 5,700.00 sections) C-15 Railing on wing wail L.F. 50 35.00 1,750.00 C-16 Replace asphalt path on Oakes S.Y. 320 9.00 2,880.00 Boulevard C-17 Clean up and restoration L.S. I 20,000.00 20,000.00 F:\JOll\MALI BU\CDS\EST1041 I.DOC Total for Schedule "C' EXHIBIT "C" Page 4 of 5 $495,540.25 g,.9 8 2oo Tarpon Bay Boulevard 20fh Avenue NW and Oakes Boulevard Road Construction REVISED 4/11/01 Schedule "D' Surveying and Engineering ITEM D-1 D-2 DESCRIPTION Survey, design, drawings, -- permitting Survey stakeout, shop drawing revie~v, inspections, final inspection, punch list, as-builts. turnover UNIT L.S. L.S. QUANTITY PRICE 48,000.00 PRICE Total for Schedule "D" ~103.000.00 Total Job B- C- D- $213,650.00 277,036.00 495,540.25 103,000.00 Total A, B, C & D I0% Contingency Recommended Budget 51,089,226.25 108,922.63 $1,198,148.88 F:\JOB\MALIBIJ\CDS\ES'I'I041 I .DOC EXHIBIT "C" Page 5 of 5 MAY 0 8 2001 Tarpon Bay Boulevard 20th Avenue NW and Oakes Boulevard Road Construction April 26, 2001 The road construction referenced above consists of surveying, engineering design, engineering drawings, pemfitting, survey stakeout, shop drawing review, inspections, final inspections, punch list. as-builts and turnover, clearing the rights-of-way and utilitv easements, installing fill material to reach the necessary subgrade, installing storm sewer culverts, catch basins, junction boxes, mitered end sections, spreader swales, constructing con/span culvert crossing of the D-2 Carol, stabilize subgrade, iimerock base, valley gutter, concrete curbs, asphalt surface course, concrete sidewalk. striping and markers, speed limit and regulatou' signs, sod. seed. mulch and fertilizer, maintcnancc of traffic, guard rails, railings on wingwalls of the corffspan, clean up and restoration. C'ompletion ol'construction will be within txvetve mtmths of all pcmfits being issued. ~ D" - 'llme ~hedule of F_~Inmted Time of ~ of ll~lm~y & N~flve Dese~on 0 8 2001 l::g( )II\MAI.IIIIJ~()GM\I'A RA(}RAI I.I.,~ )C MI.5 EO/£O ~ZZ'ON ~;L:LL LO, Z~/"zO ~2.£0 ZY6 [?z6 ~ONIW A(]¥~19 0 ~A¥ o 8 2omi' (a) Road Impact Fee District 1. Begin at the intersection of COunty Road 951 and Pine Ridge Road; thence along Pine Ridge Road and Seagate Drive, westerly to Gulf of Mexico; thence along the Gulf of Mexico, north- erly to the Lee County line; thence along the Collier County-Lee County line, easterly, south- erly and easterly to the northerly extension of County Road 951; thence along County Road 951 and its northerly extension, southerly to the point of beginning. N~.~ HAY 0 8 2001 Risk Management Guidelines For Right of Way and Construction Of Tarpon Bay Boulevard Developer shall maintain the required Commercial General Liability insurance in full force and effect, for the duration of the construction phase of Tarpon Bay Boulevard until accepted by the County pursuant to the terms set forth herein. The area insured shall be as set forth herein in Exhibit "B" to this Developer Contribution Agreement. Developer shall maintain Commercial General Liability Insurance in limits of not less than $1,000,000.00 per occurrence combined single limits. Coverage shall be written on an occurrence form. Developer shall name Collier County as an additional insured on said )olicy. /~j~ WaCker, Risk Management Director Collier County Government Date: April 27, 2001 MAY 0 8 2001 i "F" - Risk Management Guidelines GOODLETTE COLEMAN & JOHNSON, P.A. ATTORNEYS AT LAW Kevin G. Coleman J. Dudley Goodlene- Kenneth R. Johnson Richard D. Yovanovich Kenneth B. Cuyler Harold J. Webre. III * Board Cemfied Real Estate Attorney Nor-them Trust Bank Building 4001 Tamiami Trail North Naples. F1 34103 (941 ) 435-3535 (941) 435-1218 Facsimile Linda C. Brinkman Scon M. Ketchum Eric M. Borgia Pieter G. Van Dien Writer's e-mail: rvovanovich(~,acilaw.corn April 26, 2001 Collier County Board of County Commissioners Collier County Government Center 3301 East Tamiami Trail Naples. Florida 34112 RE: Tarpon Bay Boulevard Dear Commissioners: Please be advised that I have acted as special counsel to PR VI, LLC ("PR VI") and have been requested to render an opinion regarding certain matters pertaining to a proposed contribution agreement for road impact fee credits regarding Project No. 2001-002-TR-Tarpon Bay pertaining to the improvement of Tarpon Bay Boulevard, Collier County, Florida (the "Agreement"). I do not express any opinion concerning any law other than the law of Florida and the federal law of the United States. This opinion has been prepared and is to be construed in accordance with the Report on Standards for Florida Opinions dated April 8, 1991, that has been issued by the Business Law Section of The Florida Bar, 46 The Business Lawyer, No. 4, as amended and supplemented (the "Report"). The Report is incorporated by reference into this opinion. In rendering the following opinions, I have relied, as to factual matters that affect my opinions, solely on my examination of PR Vl's Articles of Organization, PR Vl's Operating Agreement, minutes of meetings or actions without meetings by PR Vl's leadership, and such other documents as I deem relevant and necessary as a basis for the opinions hereinafter expressed. I have made no independent verification of the facts asserted to be true and correct in those ¢ocuments, including factual representations and warranties contained in th, -Agr~,~i~flc-ft~M ---- ,'have atso relied upon statements, representations or certificates of official and -~pt;i~~ of PR VI and others. MAY 0 8 2001 i "(v'- of "c" Pg. Autimrity of ~ F_~ltty P a g e 1 o f 2 _ Collier County Board of County Commissioners April 26, 2001 Page Two In rendering the following opinions, I have made no assumptions other than those set forth in the Report. Based on the foregoing, and subject to the qualifications and limitations stated in this letter and in the Report, I am of the opinion that: PR VI has been duly organized as a limited liability company under the laws of the state of Indiana and its status is active. PR VI has the power to conduct its business and execute and deliver the Agreement to which it is a party. PR VI has authorized the execution, delivery and performance of the Agreement to which each is a party by all necessary action. The execution and delivery of the Agreement to which it is a party, the performance by PR VI of its obligations under the Agreement to which it is a party and the exercise by PR VI of the rights created by the Agreement to which it is a party do not (a) violate PR Vl's Articles of Organization or Operating Agreement, or (b) to my knowledge, violate a judgment, decree or order of any court or administrative tribunal, which judgment, decree or order is binding on PR VI or its assets. Subject to the limitations contained in the next paragraph, the Agreement is a valid and binding obligation of PR VI, enforceable against PR VI under the law of Florida and the federal law of the United States. This opinion is furnished to you by me as counsel for PR VI, is solely for your benefit, and is rendered solely in connection with the transaction to which this opinion relates. This opinion may be relied upon only in connection with this transaction and may not be relied upon by any other person(s) without my prior written consent. RDY:smc F:\DATA\WPDATA\LITIGATE\PRiM E!4-26bcc Very truly yours, Richard D. Yovanovich EXHIBIT "G" Page 2 of 2 COIJ. COUN2T GOVERNMENT Collier County Transportation Services Division 3310 East Tamiami Trail, Naples Florida 34112 Phone: (941) 774-8275 SUNCOM: 751-8192 Fax: (941) 774-9370 DATE: MAY 7, 2001 TO: COl J,mR COUNTY BOARD OF COUNTY COMMISSIONERS COPY: Thomas Olliff, County Manager Norman E. Feder, Transportation Division Administrator FROM: Dawn R. Wolfe, Director, Transportation Planning Department AGENDA ITEM 16B1 - APPROVE A DEVELOPER CONTRIBUTION AGREEMENT WITH RE VI, LLC, AN INDIANA LIMITED LIABILITY COMPANY, ("DEVELOPER" FOR THE IMPROVEMENT BAY BOULEVARD AND 20g AVENUE NW S OF TARPON The replacement agenda packet for Agenda Item 16B1 includes the following changes from the original package: 2. 3. 4. 5. 6. Signed copy of the DCA by the Developer; Additional Special Condition to provide for a Public Right-Of-Way connecting Tarpon Bay Boulevard to the adjacent properties; Revised Exhibit Page to include reference to Exhibit "H", Graphic depiction of Brentwood Boulevard access mad; Revised Exhibit "B" depicting the location of the Tarpon Bay and 20th Avenue NW improvements including legal description; Additional engineer's estimate for the cost of m/nimum access improvements (page 6 of 6, Exhibit "C"); and New Exhibit H, Graphic depiction of Brentwood Boulevard access mad. These changes do not change the original intent of the agenda item and are meant for clarification purposes and to ensure consistency with PUD requirements. EXECUTIVE' SUMMARY APPROVE A DEVELOPER CONTRIBUTION AGREEMENT WITH PR VI, LLC, AN INDIANA LIMITED LIABILITY COMPANY, ("DEVELOPER") FOR THE IMPROVEMENTS OF TARPON BAY BOULEVARD AND 20TM AVENUE NW. OBJECTIVE: To obtain Board approval for a Developer Contribution Agreement between Collier County and the Developer for the contribution of improvements of Tarpon Bay Boulevard and 20"' Avenue NW in exchange for impact fee credits. CONSIDERATIONS: At the April 24, 2001 regular meeting, the BCC directed the County Attorney's Office to prepare a Developer Contribution Agreement between the County and the Developer. These improvements were identified dudng the adoption of the Consolidated Impact Fee Ordinance (Ordinance 2001-13) as not being subject to the limitation of impact fee credit availability. Section 74-205 provides for developer contribution credit against road impact fees imposed under Section 74-201. Under the provisions of the above referenced Ordinance, when the Transportation Administrator approves the improvements as being an integral component of the transportation network, the Administrator may ask the BCC to approve a Developer Contribution Agreement which will establish a credit against impact fees otherwise payable for the development of the parent parcel from which the improvements came. Pdor Board of County Commissioner action consolidated several individual PUDs, which individually would have had sole access to Oaks Boulevard, currently a two- lane collector with single-family homes as the predominant land use. As part of the consolidation of the PUDs, an opportunity to provide access to Immokalee Road as well as Oaks Boulevard was developed. This roadway connection, Tarpon Bay Boulevard and a portion of 20t~ Avenue NW, will provide limited relief to the intersection of Immokalee Road and Oaks Boulevard. PR VI, LLC is constructing the improvements to the maximum extent physically feasible to be consistent with a minor collector road typical section. The estimated cost,, to provide the minimum required access to the PUDs would have been $233,678.25 that is non-creditable. Pursuant to the Developer Contribution Agreement, the estimated cost, as determined by a Professional Engineer, to the developer to construct Tarpon Bay Boulevard, [eligible for road impact fee credits] is $855,548. Upon determining actual costs, PR VI, LLC shall be entitled to an increase not to exceed 20% of the estimated costs. This DCA is one of the remaining agreements that were not subject to the limitations of the new Consolidated Impact Fee Ordinance. FISCAL IMPACT: The Developer Contribution Agreement shall establish a Road Impact Fee Credit in the amount of eight hundred fifty-five thousand, five hundred fort~- eight dollars ($855,548)in Road Impact Fee DiStrict'One. The amount ot cr~ _~;~M No. 'IL~ 1:,.2 / .... MAY 0 8 2001 to the difference between construction of Tarpon Bay Boulevard and 20"~ Avenue NW versus an access driveway. An estimate of the road impact fees to be collected from the development of the Malibu PUD is in excess of $1,000,000. Therefore, build out of the developments will result in additional impact fees to be collected from thePUDs above the credits permitted. The credits will be in Impact Fee Distdct One. GROVVTH MANAGEMENT IMPACT: The addition of the secondary roadway from Immokalee Road to Oaks Boulevard will provide relief to the intersection of Oaks Boulevard and Immokalee Road. This action is consistent with the GMP. RECOMMENDATION: That the Board of County Commissioners: 1. Approve the Developer Contribution Agreement. 2. Authorize the Chairman to execute the Developer Contribution Agreement; and Authorize the acceptance and recordation of any necessary conveyance or release documents upon approval of the Office of the County Attorney; and Authorize Staff to record all pertinent documentation in the Public Records of Collier County, Flodda. ~)a~T~ R. Wolfe, T/r,r~sportatio~lanning Director Reviewed by: ,~~~,~ (~,.~ ,/~,~-~_**..~ Date: J~uel~e Hubbar~ ~°bins~'n, Assistant Coun~ AEomey Approve~ by: ~ ~~ Date: ~ ~o~n E. Fed~ ~sp~ion Se~i~s Administrator MAY 0 8 2001 STANDARD FORM COI.LIER COUNTY CONTRIBUTION AGREEMENT FOR ROAD IMPACT FEE CREDITS FOR TARPON BAY BOULEVARD No. 2001-002-TH-TARPON BAY THIS CONTRIBUTION AGREEMENT is made and entered into this of May, 2001, by and between PR VI, LLC, an Indiana Limited Liability Company, duly org~ized and authorized to conduct business in the State of Florida, hereinafter referred to as "Developer," by and through Michael E. Nortman, Vice President, who has been duly authorized to execute this Contribution Agreement for Road Impact fee Credits and THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AS THE GOVERNING BODY OF COLLIER COUNTY, hereinafter referred to as "County." RECITALS: WHEREAS, Developer is desirous of entering into a contribution agreement with the County which grants a credit for road impact fees, in exchange for the contribution of off-site improvements to the County's transportation network; and WHEREAS, Developer either has legal control over, or is the record title owner of certain lands described in Exhibit "A" (hereinafter referred to as "The Development"} attached hereto and incorporated herein by reference, wherein a roadway, (hereinaRer "The Project"), described and identified in Exhibit "B". is to be constructed and Developer is to contribute the actual construction of this road to Collier County, which upon development in the near future will be · subject to the imposition of road impact fees; and WHEREAS, the parties acknowledge that a portion of the donated land for The Project is to be contributed by a third party, and the obligations of the Counly pursuant to this agreement take effect only upon the transfer of acceptable title to the entire roadway depicted in Exhibit as a donation to the County and acceptance of the land donation by the County; and WHEREAS, the parties acknowledge that the valuation of eligible anticipated construction to the County's transportation network is based upon professional opinions of total project probable costs certified by a professional architect or engineer attached hereto as Exhibit "C," and WHEREAS, the parties acknowledge, in the case of contributions of construction or installation of improvements, the value of thc developer's proposed contribution shall be adjusted upon completion ol~ the construction to reflect the actual cost of Construction or installation of improvements contributed by developer, but in any event not to ex( ced tAi~l~Xa.,g~M (20) percent of the estimated probable costs; and No. ./_/o ,b5 / AYzO 8 2001 Pcj. ,~ WHEREAS, the terms "The Development" refers to the land areas directly affected by the road impact construction as defined in the Collier County Code of Ordinances sections pertaining to road impact lees; and WHEREAS, the Transportation Administrator will recommend to the Board of County Commissioners that the proposed plan for contribution is in conformity with contemplated improvements and 'additions to the County's transportation network and that it will be advantageous to the public for Developer to contribute certain off-site improvements as described herein and in Exhibit "B" which are composed of, among other thing.s, t~acilities that are required to be made pursuant to a development order or voluntarily made in connection with road impact construction. WHEREAS, thc parties acknowledge that all construction cost estimates are based upon consa'ucfion plans, specifications and conveyances in conformity with the road construct/on standards and procedures of'the County and were approved by the Collier County Transportation Administrator prior to commencement of co~Tuction; and WHEREAS, Developer acknowledges and agrccs that it has full power and authority to cause the construction or installation of thc subject contribution and thcrca. Rer execute any and all documentation necessary to convcy thc contribution to the County in conformance with thc County's transportation standards, procedures, ordinances and regulations; and WHEREAS, after reasoned consideration by the Board of Commissioners, the Board has authorized the County Attorney'to prepare this Contribution Agreement upon the Board finding that: a. Thc Project is in conformity with the contemplate! improvements and additions to thc County's transportation system; The Project, viewed in conjunction with other existing or proposed plans, will not adversely impact the cash flow or liquidity of the County's road impact fee trust account in such a way as to frustrate or interfere with other planned or ongoing growth necessitated capital improvements and additions to the County:s transportation system; c. The Project is consistent with die public interest; and WHEREAS, the Board of County Commissioners finds that the contributions contemplated by this Contribution Agreement are consistent with the County's existing compreherksive plan; and WHEREAS, this Contribution Agreement shall not be construed or characterized as a development agreement under the Florida Local Government Development Agreement Act. AGENDA ITEM MAY 0 82 2001 WITNESSETH: NOW, THEREFORE, in consideration of Ten Dollars (St0,00) and other good and valuable consideration exchanged amongst thc parties, and in consideration of the covenants contained herein, the parties agree as follows: The above recitals are true and correct and shall be incorporated herein. I. In exchange for the contributions identified and contemplated in this Contribution Agreement as set forth in Exhibit "B," Developer shall be entitled to a cash reimbursement or a credit for road impact fees as more particularly described herein. The amount of cash reimbursement and credit from road impact fees shall be determined according to the following descriptions and standards of valuation: a. In the case of contributions of construction or installation of improvements, the value of Developer's proposed contribution shall be adjusted upon completion of the construction to reflect the actual cost of construction or installation of improvements experienced by Developer. However, in no event shall any upward adjustment exceed twenty percent (20°,4) of the initial estimate of costs for contributions. Thc initial estimate of costs for contributions under this Contribution Agreement is detailed in Exhibit "C". b. A narrative description of the contribution and a time schedule for completion of the Project prepared by a professional architect or engineer, are attached hereto as composite Exhibit "D," which is incorporated herein by reference, 3. Upon execution of this Contribution Agreement, additional work requested by the County beyond that contemplated in the description of and estimate of costs for contributions under this Contribution Agreement shall be paid for by the County and shall not be considered or included in the value of any Developer's contribution unless agreed to by the parties. 4. The credit for road impact fees identified herein shall nm with the subject Road Impact Construction Lands, as described in Exhibit "A" and shall be reduced by thc entire amount of each road impact fee due on the first building permit issued thereon and each successive building permit until the project is either completed or the credits are exhausted or otherwise no longer available. It shall be Developer's obligation to notify the County that a credit is available, each time a building permit is applied for. Ifa credit is available, it shall be deducted from the available balance. All credits st, assignable and may be used throughout the road impact fee constmcti road impact fee district i as set forth in the area described in exhibit "E". MAY 0 832001 5. An annual review and audit of performance under this Contribution Agreemem shall be performed by the County to determine whether or not there has been demonstrated good faith compliance with the terms of this Contribution Agreement and to report the credit applied toward payment of mad impact lees and the balance of available unused credit. If the Collier County Board of Commissioners finds, on the basis of substantial competent evidence, that there has been a failure to comply with thc terms of this Contribution Agreement, the Agreement may be revoked or modified by thc County after the developer has been notified cfa default and has been given a reasonable time to respond. 6. The duration or availability of credits pursuant to this Contribution Agreement, shall not be for a period in excess of five (5) years from the date of substantial completion of the approved plan of construction, but in no event shall the availability ofcrMits under this Contribution Agreement exceed seven (7) years, exclusive of any moratoria, fi'om the date of recording this Contribution Agreement in the Official Records o£ Collier County, Florida. For the purposes of this agreement, the date of substantial completion shall be the date of final acc,:ptance by the County. 7. Developer shall keep or pmvidc for rctention of adequate records and supporting documentation that concern or reflect total project cost of construction or installation of any improvements to bc contributed. This information shall bc availablc to thc* County or ils duly authorized agent or rcprcsentalivc, for audit, inspection, or copying, tbr a minimum of five (5) years from the termination of this Contribution Agreement. 8. The failure of this Contribution Agreement to address any permit, condition, tern',, or restriction shall not relieve either :he Developer or its successors, of the necessity of complying with any law, ordinance, rule or regulation governing said permitting, requirements, conditions, or terms of restrictions. This Contribution Agreement shall be modified or revoked as is necessary to comply with all relevant State or Federal laws enacted after the execution of this Contribution Agreement which are applicable to and preclude the patties compliance with the terms of the Contribution Agreement. 9. Except as otherwise provided herein, this Contribution Agreement shall only be modified or amended by the mutual written consent of thc parties hereto or by their successors in interest. 10. The burdens of this Contribution Agreement shall be binding upon, and the benefits of the Contribution Agreement shall inure to, all successors in interest to the parties to this Contribution Agreement. h AGE. NDA ITEM" o. Pg. t 1. The performance and execution of this Contribution Agreement shall be carried out in conformance with the Risk Management Guidelines established by the County's Risk Management Department as more particularly described in Exhibit" F" attached hereto and incorporated herein by reference. 12. This Contribution Agreement shall be recorded by the County in the Official Records of Collier County, Flor/da within fourteen (14) days after the County, by its duly authorized Cha/rman, executes this Agreement. A copy of the recorded docUment will be provided to Developer. 13. Any parly to this Agreement sh~ll have the 'ability to file an action for injunctive relief in the Circuit Court of Collier County to enforce the terms of this Contribution Agreement, said remedy being cumulative within any and all other remedies available to the parties for enforcement orthis agreement. 14. Developer agrees, by virtue of entering into this agreement, that all donations and contribUtions are consistent with the Collier County Comprehensive Plan. 15. County agrees, by virtue of entering into this agreement, that all donations and contributions are consistent with the Collier County Comprehensive Plan. 16. Developer certifies, by virtue of entering into this agreement, that D~veloper is the sole owner of or has control over the land encompassing The Project. Developer shall provide to the County, in a form acceptable to the County Attorney, all necessary warranty de~ls conveying the land for the Project. DevelOper shall provide an attorney's opinion of title or a title policy equal to the value of The Project, including the land donation, prior to the time of transfer of the Project to the County. Title document~, including warranty deeds and title policies, shall be delivered to the County in a recordable fashion in no less than forty-five (~,5) days prior to the County's acceptance of the improvements to be constructed. County shall have thirty (30) days to review and object to any documents relating to, or any liens or encumbrances on the property to be conveyed. Time for County review shall begin ~er receipt of required documents of title and conveyance t¥om Developer by the Office of the County Attorney. 17. The parties acknowledge, by virtue of entering into this agreement, that the off- site improvements and land donations contributed are an integral part of and a necessary accommodation to the County's ~zanspertation network. 18. The off-site improvements, if any, excluded site-related access improvements. 19. The Transportation Administrator has determined that the proposed road impact fee credit plan is consistent with the public interest. AGEN. I,;u~,~TEM No. / MAY O 8 2001 20. Developer will provide, in Exhibit "G", an at~mey's opinion seuing forth the legal authority and validity of any business entity utilized by the developer in the execution of this agreement, including an affidavit listing the names and addresses of all partners,/fa partnersh/p, and stating that the entity is in full force and effect. 21. The parties acknowledge that the donation and/or contribution is characterized as work done and property rights acquired by a highway or road agency tot the improvement of a road within the boundaries ora public right of way. 22. The amount of the road impact fee credits, to be granted under this agreement is estimated to be $855,548,00 and may be adjusted pursuant to thc terms of this Contribution Agreement. 23. Any future reimbursement for excess impact fee credits shall come from future receipts by the County of road impact fees. However, no reimbursement shall be paid until such time as all development, as defined by the transportation administrator, at the location that was subject to the credit has been completed. Such reimbursement shall be made over a period of five (5) years from the completion of the development. 24. The road impact fee credit granted shall only be for donations or contributions made to the transportation network to accommodate growth and which were made within the respective road impact f~ district where the road impact Construction is located. MAY 0 8 200~ SPECIAL CONDITIONS Developer shall convey or cause to be conveyed, by warranty deed[s] in tee simple, to the County the right of way necessary to construct the project, at no cost to the County free and clear of all liens and encumbrances. The fight of way shall be conveyed to the County prior to or at the time the County accepts the Project. All costs of conveyance shall be borne by the Developer. The Project shall be accepted at the time the Developer's engineer certifies to the County alld the County's engineer asrees that the Project is complete and all conditions set forth herein have been satisfied. Thc county shall have fourteen (14) calendar days, after the Developer tenders the Project to the County and the written request for acceptance is received by the Transportation Division, to inspect the Project. If the title work is satisfi, ctory to the County Attorney. the Transportation Division agrees to accept the Project, and all other conditions of this agreement are met, thc impact fee credim shall be distributed as se! forth herein. Developer shall provide a sixty-foot wide right-of-way, known as Brentwood Drive, as approximately shown in Exhibit "H". This road right-of-way shall be provided and conveyed in fee to Collier County at the time of the conveyance of Tarpon Bay Boulevard to Collier County, [as depicted in Exhibit 'B"], and shall connect to Tarpon Bay Boulevard to provide public ingress and egress to the property formerly id~tified as the "Mocake PUD" in Cotlier County Ordinance No. 92 - 4. The right-of- way for Brentwood Drive shall be conveyed at no cost to Collier County. AS TO COUNTY: Attest: D-ated: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISIONERS COLLIER COUNTY, FLORIDA, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA ]~y:. By:. lAMES D. CARTER, Ph.D., Chairman WITNESSES: PR VI, LLC. AN INDIANA LIMITED LIABILITY COMPANY MICHAEL E. NORTMAN Title: Vice President STATE OF FLORIDA COUNTY OF LEE The foregoing instrument was acknowledged before me this ~ day offl/,~/,, 2000, by Michael E. Nortman, on behalfofPR VI, LLC, on behalf of the limited liability company. He is [ )(] personally known to mc, or [ ] has produced driver's license no. as identification. (SEAL) Approved as to form and legal sufficiency.'. ~)TA]~ PUBLIC (Type or Print) My Commission Expires: Sacquelinc Hubbard Robinson, Assistant County Attorney AGENDA ITEM No. It_,,~ ] MAY 0 8 21]01 F_XH!B!TS TO BE ATTACHED TO AGREEMENT Exhibit "A" - - [~gal Description of The Development [Laguna Point] Exhibit "B" Cn'aphic Description of Roadway to be contributed and consL,'ucted Exhibit "C" - - Professional Opinion ofl~'obable Cost of Construction Exhibit "D" - - Time Schedule o£Estimaied Time of Completion or' Roadway [The ProjeCt] and nan'ative demcTiption by Professional Engineer Exhibit "E" - - Legal Description of Road Impact Fee District One Exhibit "F' -- Risk Management Guidelines Exhibit "O" - - Attorney's Opinion of Legal Authority o£Business Entity Exhibit "Fl" - OTaphic depiction ofBrentwood Boulev~d access road MAY 0 8 2001 Q GRAD¥ MZNOR 4/27/2001 11 941 947 0375 04/27 '01 11:15 NO. 775 02 SEE ATTAOHEDi LE(~AL DESCRIPTION Q. GIDDY C. DEAN ~-~ DAVID W.' sck-ii~.rl'r, Q. GRADY MINOR & AS,'K)CIATES, P.A. PROFF, RTX DESCRIPTION TARPON BA]~ BO~ D. wAY~. ~ ARNOLD,/~/.C - ERIC V. SANDOVAL P.S. THOMAS ~, ALAN V. ROS~i~AN PROPOSED TRACT 'A' (TARPON BAY BOULEVARD) OF BRENTWOOD AND TARPON BAY ACCORDING TO THE PLATS THEREOF, TO BE RECORDED IN PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE I PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHWEST CORNER OF TRACT 10, GOLDEN dATE ESTATES, [ UNIT 97, ACCORDING TO THE PLAT THEREOF, RECORDED IN THE PUBLIC RECORDS OF COLLIER COUNT~, FLORIDA AT PLAT BOOK 7, PAGE 96; THENCE RUN S 0.2°34'39" E, FOR A DISTANCE OF 74.74 FEET; THENCE RUN S 84°'12'10'' W, FOR A DISTANCE OF 70.94 FEET; THENCE RUN S 05047'50" E, FOR A DISTANCE OF 5-9.02 FE~T TO A POINT ON A CIRCULAR CURVE CONCAVE TO THE EAST; THENCE RUN ,~ORTHWESTZRLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS 530.00 FEET, THROUGH A CENTRAL ANGLE OF 03°13'11", SUBTENDED BY A CHORD-OF 29.78 FEET AT A BEARING OF N 04°11'14" W; FOR AN ARC LENGTH OF 29.78 FEET TO THE END OF SAID CURVE; THENCE RUN S 02°34'39'' E~ FOR A DISTANCE OF 50.21 FEET TO A POINT ON A CIRCULAR CURVE CONCAVE TO THE EAST; THENCE RUN NORTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 530.00 FEET, THROUGH. A CENTRAL ANGLE OF 09°55'49", S~UBTENDED BY A CHORD OF 91.74 FEET AT A BEARING OF N 02~23'15'' El FOR AN ARC LENGTH OF 91.86 FEET TO THE END OF SAID CURVE ALSO BEING A POINT ON A CIRCULAR CURVE CONCAVE TO THE WEST; THENCE RUN NORTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 470.00 FEET, THROUGH A CENTRAL ANGLE OF 09°55'49'', SUBTENDED BY A CHORD OF 81.35 FEET AT A BEARING OF N 02°23'15" E, FOR AN ARC LENGTH OF 81.46-FEET TO THE END OF SAID CURVE; '. THENCE RUN N 02°34'39" W, FOR A D/STANCE OF 243.79 ~FEET; THENCE RUN N 02°36'10'' W, FOR A DISTANCE OF 1928.69 FEET; THENCE RUN N 10"02'14" W, FOR A DISTANCE OF 102.60 FEET; THENCE RUN N 02°~6' 10" W, FOR A DISTANCE OF 211.30 FEET: THENCE RUN N 02°36"10'' W, FOR A DISTANCE OF 177.05 FEET; THENCE ~,UN - N 87°44'0I" E, FOR A DISTANCE OF 94.17 FEET; THENCE R.UN · S 02~36'10'' E, FOR A DISTANCE OF 2560 40 FEET; THENCE! RUN S 02°34'39" E, FOR A DISTANCE OF 476.58 FEET TO THE PO~ OF BEGINNING OF THE P, ARCEL OF LAND HEREIN DESCRIBED. MODIFIED BY FINAL REVISIONS TO THE SUBJECT PLAI RECORDAT ION. CONTAINING 4.66 AC-RES, MORE OR LESS. I~:~JOB~! mL~CDS%TBBDF_qC.DO(2 P/%GE 2 OF 2 (94.7.) 94,7-17.44. - FAX (941) 947-0375 · E-Ma~I: engineering~g:r~,dy~ino.~.. 3800 Via Del Rey · Bonita Springs, FI. orida 34134 AS MAY BE FS PRIOR TO HAY 13 8 2001 Tarpon Bay Boulevard 20'a Avenue N~Az and Oakes Boulevard Road Construction REVISED 4/11/01 Schedule ~A'" Demolition, Cie,ring, Earthwork and Site Preparation A-I A-2 A-3 Construct silt fence prior to. the start of construction and maintain.in place until completion of construction per plan and details per lineal foot installed. Unit Quantity. Unit Price 7,500 } Total Price 32.50 I $I 8,750.00 Clearing. grubbing and preparation of the r/gte-of-way area including removal and proper disposal of all material offo£subject property. Unit 'QuantiW I UnitPrice I TotalPrice 6.2 $4,500.00 $27,900.00 Acre Demolition of existing driveway (Oakes Boulevard). Unit Each Quantity 1 Unit Price [ Total Price I / I2.000.00 i $2,000.00 Importation, placement and compaction 6fctean sand fill material to construct the roadway and shoulderS including required testing} Unit ] Quantity. Cubic Yard I 22,000 Unit Price $7.50 Total Price $165,0O0.O0 Total for Schedule "A' $213,650.00 HAY 0 8 2001 F:HOII'~MALIHUICD.~F...ST10411.DOC Page I o .~ (~ MI,J ' Tarpon Bsy Boafeverd Avenue 1VW end O~es Boufeward Road Construction REVISED 4/11/01 Schedule "B" Drninage Improvemente Furnishing and handling of ail required materials, &watering, bedding materia/(if necessary), rock removal and disposal off-site (if neces~ry), installation, backfilling; compaction. compaction testing in roadway areas, final grading, coordinating with other contractors and utility companies, flushing, clean-up, repair of' any damage caused by construction and other items necessary to complete the system and. provide the owner With a complete working drainage system as shown on the draw/ngs and spec/fled on the contract documents. Pipe measurement is to inside face of structures. f UNIT TOTAL ITEM DESCRIPTION UNIT QUANTITY PRICE PRICE B-I I5" RCP L.F.. I 114 $20.00 $2,280.00 B-2 18" RCP L.F. I 1,2,13 24.00 29,832.00 13-3 24" RCP L.F. 852 32.00 27,264.00 .. 13-4 30" RCP I L.F. 560 40.00 22.400.00 13-5 36" RCP L.F. 69 50.00 3,450.00 B-6 12" x 18" ERCP L.F. .37 26.00 962.00 B-7 14" x 23" ERCP L.F. 718 32.00 22,976.00 B-8 24" x 38" ERCP L.F. 32 40.00 1,280.00 13-9 29" x 45" ERCP L.F. 29 48.00 1,392.00 B- 10 Valley gutter inlet (3' x 4' & 4' x 4') EA. 5 2,000.00 I 0,000.00 B-I 1 Type 'C' in/et EA. I 1,500.00 t,500.00 B- t2 Throat Inlet EA. 12 1,800.00 21,600.00 B-13 FDOT Type '6' curb inlet EA. I 2,000.00 2,000.00 B-14 Type 'C' inlet w/top, ring and cover (JB-6) EA. I 1,700.00 1,700.00 lq-15 18" Mitered end EA. 2 700.00 1,400.00 B-16 i 24" Mi:feted end EA. I 800.00 800.00 .. 2 °fro 0 8 2001 Tarpon Bny Bouievnrd 20m Avenue NV/and Oakes Boulevnrd Rond Construction REVISED 4/11/01 Schedule "B" Drainage Improvements (Continued) B-I 7 12'"x 18" Mitered end EA. I I 400.00 t' 400.00 B- 18 29" x 45" Mitered end EA. I t ,500.00 1,500.00 B- 19 18" Finished end EA. 2 1,000.00 2,000.00 B-20 Brick ends EA. 3 500.00 1,500.00 B-21 Spreader swale and Preserve area structure L.S. I 2,800.00 '2,800.00 with rip-rap (CB56) B-22 I0' Rise x 20' span x 64 I.f. "con/span", wing EA. I 118,000.00 I 18,000.00 wails, footings, gravel & " I rip-rap t Total for Schedule "B' $277,036.00 F:Lff)B~M^L! B IJkCD~F~T104 i I .DOC EXHIBIT "C" Page 3 of ~ HAY 0'8 2001 %,, .'t"( .- I Tarpon Bay Boulevare[ 2l}~'' ,Avenue lkFW' and Onkes Boulevard Road COnstruction RE'~$ED 4/I 1/01 $c,~edule "C" Roadway Construction Roadway construction complete per the plans and Collier County specifications including stabilized subgrade, stabilized shoulder, limerock base, tack coat, asphaltic concrete, required testing by an independent laboratory, finish grading for full width of right-of-way and easements, sod, seeding and mulch. ITEi~I C-I DESCRIPTION 1.5" Asphalt Type 8-3 C-2 8" Limerock Base C-3 12"' Stabilized Subgrade 0-4 C-5 C-6 C-7 C-8 C-9 C-IO C-11 C-t2 C-13 C-14 C-15 2' Concrete valley gutter Type 'A' curb Type 'F' curb 6' Wide concrete sidewalk All striping and markers UNIT S.Y. S.Y. L.F. L.F. L.F. L.F. L.$. QUANTITY 17,323 17,323 19,0,40 881 5,530 7,192 3.723 UNIT PRICE $5.25 6.50. 3.50 7.00 8.00 9.00 I1 12.000.00 TOTAL PRICE $90,945.75 i 12.599.50 66,640.00 6, 167.00 44,240.00 64,728.00 40,953.00 12.000.00 Speed limit sign 'gns Bahia Sod. Seed. mulch. & fertilize Maintenance of traffic Gum'draft (includes 4 end sections) on wing wall asphalt path on Oakes Boulevard Clean up and restoration EA. S.F. ACRE L.S. L.F. S.Y. L.$. 8 9 22,000 3.3 390.00 390.00 1,790.00 3,I20.00 3,510.00 4.400.00 5,907.00 190 50 320 1 I0,000.00 30.00 35.00 9.00 20,000.00 I 0,000.00 5,700.00 1,750.00 2,880.00 20,000.00 Total for Si:hedule "C' F:UOB~MA 1 -/ri U~CDS~E_W{'; 0d { 1 .DOC F-XHIBIT "C" Page 4 of & {q,e,,y,,_.0 8 2oO't ., Tarpon Bay Boulevard 20la Avenue ~ and Onkes Boulevard Road. Constrncfion REVISED 4/I 1/01 Schedule "D' Surveying and Engineering UNIT TOTAL ITEM DESCRIPTION I UNIT QUANTITY PRICE PRICE D-1 Survey, design, drawings, L.S. I $55,000.00 $55,000.00 permitting D-2 Survey stakeout, shop drawing L.S. I 48,000.00 $48.000.00 review, inspections~ final . inspection, punch list, as-buiits. t turn°ver Total for Schedule "D" $103.000.00 Total Job A- $213,650~00 B- 277,036.00 C - 495.540.25 D - 103,000.00 Total A, B, C & D 10% Contingency Recommended Budget $ 1,089,226.25 108,922.63 $1,198,148.88 F:U(')I:BMA LIB IACDS\ES'T 104 ! I.DOC EXHIBIT "C" t~age 5 of '/.~ No. lt~/ - ' ~AY 0 8'200! Tarpon Bay/Malibu Lake Entry Road Only Construction Cost Estimate Roadway construction for 2 lane, open drainage entry road to serVe project access needs only including clearing, imported fill, silt fence, stabilized' subgrade, stabilized shoulder, limerock base, tack coat, asphaltic concrete, required testing by an independent laboratory, finish grading for full width of right-of-way and easements, sod, seeding and mulch; UNIT TOTAL ITEM DESCRIPTION UNIT QUANTITY PRICE PRICE. 1 Clearing, grubbing ACRE 4.1 $4,500.00 $18,450.00 2 Imported fill C.Y. 5,500 7.50' 41,250.00 3 Silt fence L.F. 6,000 2.50 15,000.00 4 1.5" Asphalt Type S-3 S.Y. 8,000 5.25 42,000.00 5 8" Limerock Base S.Y. 8,000 6.50 52,000.00 6 12" Stabilized Subgrade S.Y. 9,333~ 3.50 32,655.50 7 All striping and markers L.S. 6,000.00 6,000.00 8 Speed limit sign EA. 3 390.00 1,170.00 9 Regulatory signs EA. 6 390.00 2,340.00 10 Bahia Sod S.F. 6,000 0.20 1,200.00 11 Seed, mulch, & fertilize ACRE 2.0 1,790.00 3,580.00 Total $215,655.50 F:UOBkMALIB U~CDS~EST 10410.DOC AGENDAJTEM No. .~(13 ~ i ' MAY 0-8 2001 Tarpon Bay Boulevard 20~h Avenue NW and Oakes Boulevard Road Construction April 26, 200I The road constructior~ referenced above consists of surveying, engineering design, engineering drawings, pem~itting, survey stakeout, shop drawing review, inspections, final inspections, punch list. as-builts and turnover; clearing the rights-of-way and utility easements, installing fill material to reach the necessary subgrade, installing storm sewer culverts, catch basins, junction boxes, rnitered end sections· spreader swales, constructing con/span culvert crossing or" the D-2 Canal. stabilize subgrade, limerock base, valley gutter, concrete curbs, asphalt surface course, concrete sidewalk. striping and markers, speed limit and regulatoD' signs, sod. seed. mulch arid fertilizer, maintenance oFtmffic, guard rails· railings on wingwalls of the coru'spmt, clean tip and restoration. (_'tm~pletion ol'construction will be within txve]ve months of all permits being issued. 2001 F:LJ( )II\M:A|.II] [AQ(j/VI\p^ R/~.(JRAI I.D( )C MI.~ i LO, ZE/~O ~Z£O Z~6 b~6 ~ON~ AOV~9 · (a) Road Impact Fee District 1. Begin at the intersection of County Road 951 and Pine Ridge Road; thence along Pine Ridge Road and Seagate Drive, westerly to Gulf of Mexico; thence along the Gulf of Mexico, north- erly to the Lee County line; thence along the C°llier County-Lee County line, easterly, south- erly and easterly to the northerly 'extension of County Road 951; thence along County Road 951 and its northerly extension, southerly to the point of beginning. MAY 0.8 200! Risk Management Guidelines For Right of Way and Construction Of Tarpon Bay Boulevard Developer shall maintain the required Commercial General Liability insurance in full force and effect, for the duration of the construction phase of Tarpon Bay Boulevard until accepted by the County pursuant to the terms set forth herein. The area insured shall be as set forth herein in Exhibit "B" to this Developer Contribution Agreement. Developer shall maintain Commercial General Liability Insurance in limits of not less than $1,000,000.00 per occurrence combined single limits. Coverage shall be written on an occurrence form. Developer shall name Collier County as an additional insured on said )olicy. ~ W~er, Risk Management Director Collier County Government Date: April 27, 2001 HAY 0 8 2001 GOODLETTE COLEMAN & JOHNSON, P.A. ATTORNEYS AT LAW Kevin G. Coleman $. Dudley Goodlette- Kenneth R. $ohnson Richard D. Yovanovich Kenneth lB. Cuyier Harold J'. Webre. III Northern Trust Bank lBuilding 4001 Tamiami Trail North Naples. F1 34103 (941 ) 435.3535 (941 ) 435- t218 Fa~imile Linda C. lBri -nkman Scor~ M. Ke~chum Eric M. Rorgia Pieter G. Van Dien Board Cer'~ficd R~.-~I Estate Attorney Writer's e-mail: ~'ovanovich:22, acilaw.corn April 26, 2001 Collier County Board of County Commissioners Collier County Government Center 3301 East Tamiami Trail Naples, Florida 34112 RE: Tarpon Bay Boulevard Dear Commissioners: Please be advised that I have acted as special counse$ to PR VI, LLC ("PR VI") and have been requested to render an opinion regarding certain matters pertaining to a proposed con'tribution agreement for road impact fee credits regarding Project No. 2001-002-TR-Tarpon Bay pertaining to the improvement of Tarpon Bay Boulevard, Collier County, Florida (the "Agreement"). I do not express any opinion concerning any law other than the law of Florida and the federal law of the United States. This opinion has been prepared and is to be construed in accordance with the Report on Standards for Florida Opinions dated April 8, 199t, that has been issued by the Business Law Section of The Flodda Bar, 46 The Business Lawyer, No. 4, as amended and supplemented (the "Report"). The Report is incorporated by reference into this opinion. In rendering the following opinions, I have relied, as to factual matters that affect my opinions, solely on my examination of PR Vl's Articles of Organization, PR Vl's Operating Agreement, minutes of meetings or actions without meetings by PR Vt's leadership, and such other documents as I deem relevant and necessary as a basis forthe opinions hereinafter expressed. I have made no independent verification of the facts asserted to be true and 'correct in those -documents, including factual representations and warranties contained in the ave also relied upon statements, representations or certificates of official and eof PR VI and others: EXHIBIT "G" Page 1 of 2 MAC 0 8 2001 Collier County Board of County Commissioners April 26, 2001 Page Two In rendering the following opinions, I have made no assumptions other than those set forth in the Report. Based on the foregoing, and subject to the qualifications and limitations stated in this letter and in the Report, I am of the opinion that: PR VI has been duly organized as a limited liability company under the laws of the state of Indiana and its status is active. PR VI 'has the power to conduct its business and execute and deliver the Agreement to which it is a party. o PR VI has authorized the execution, delivery and performance of the Agreement to which each is a party by ail necessary action. ., The execution and delivery of the Agreement to which it is a party, the performance by PR VI of its obligations under the Agreement to which it is a party and the exercise by PR VI of the rights created by the Agreement to which it is a party do not (a) violate PR Vl's Articles of Organization or Operating Agreement, or (b) to my knowledge, viotate' a judgment, decree or order of any court or administrative tribunal, which judgment, decree or order is binding on PR VI or its assets. Subject to the limitations contained in the next paragraph, the Agreement is a valid arid binding obligation of PR VI, enforceable against PR VI under the law of Florida and the federal law of the United States. This opinion is furni.shed to you by me as counsel for PR VI, is solely for your benefit, and is rendered solely in connection with the transaction to which-this opinion relates. This opinion may be relied upon only in connection with this transaction and may not be relied upon by any other person(s) without my prior written consent. RDY:smc F :~.OA TA ~,WPDA TA ~Li Ti GA TE~pRIME~,4.26bcc Very truly yours, Richard D. Yovanovich EXHIBIT "G" Page 2 of 2 MAY 0 8 2001 IMblOKALEE ROAD MALIBU LAKE PUD COS 2~-TH AVE. NW I IAGENDA MAY 0 8 2001 pg. 2"~ EXECUTIVE SUMMARY REQUEST FOR SPEED LIMIT REDUCTION FROM FORTY-FIVE MILES PER HOUR (45 MPH) TO THIRTY-FIVE MILES PER HOUR (35 MPH), EXCEPT WHERE CURRENTLY POSTED AT THIRTY MILES PER HOUR (30 MPH), ON VANDERBILT DRIVE FROM 111va AVENUE/BLUEBILL AVENUE TO WIGGINS PASS ROAD. OBJECTIVE: To gain Board approval of a Resolution for speed limit reduction on Vanderbilt Drive. CONSIDERATIONS: Vanderbilt Drive south of 111th Avenue/Bluebill Avenue is currently posted at 25 MPH due to the residential development dominating the area. North of 111th Avenue/Bluebill Avenue, with the exception of a 30 MPH posting in the roadway section beginning at a point 500 feet north of Bridge 03016 over Big Horse Pass to a point 500 feet south of Bridge 03016, just south of Wiggins Pass Road, Vanderbilt Drive is posted at 45 MPH. The existing 4-way "Stop" at the intersection of Vanderbilt Drive and 111th Avenue/Bluebill Avenue is to be replaced with a temporary signal within the next 60-90 days. In light of the new temporary signal and the desire to keep nearly uniform speed limits on Vanderbilt Drive, the Transportation Operations Department has determined that a lower speed limit of 35 MPH, except for where previously posted at 30 MPH, on Vanderbilt Drive from 111th Avenue/Bluebill Avenue to Wiggins Pass Road, is necessary. The speed reduction will assist in keeping traffic flowing smoothly while lessening the potential for crashes. A total of eight new signs will be required to provide adequate notice of the new speed limit to motorists. FISCAL IMPACT: The estimated cost of installing the necessary speed limit signs is $800.00. Funds are available in Transportation Services (101). GROWTH MANAGEMENT IMPACT: This action will result in no growth management impact. RECOMMENDATION: That the Board approve the Resolution reducing the speed limit, authorize the Chairman to execute the Resolution, and the authorize staff to erect the appropriate traffic control signs. I~~..¢Tip~on, PiE., Tr~fi~/Opergfion~ Manager Edwa;~ J. Kant, ~i~ormfion Operations Director APPROVED BY: ~~~ Xr t ,o. DATE: '~,/ 2.fi'- ,5 / DATE: DA'BI~~ -- MAY 0 8 2001 pg._ CDLLiE~ 1RAC~ Ri 'THE DUNES BLUEBILL LIMITS OF SPEED REDUCTION N SCALE - FEET 0 1;~00 AVENUE NORTH TWN 48S ROE 25E SEC 21. & 18 8001-108'dw9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 RESOLUTION NO. 2001- A RESOLUTION AUTHORIZING SPEED LIMIT REDUCTION FROM FORTY-FIVE MILES PER HOUR (45 MPH) TO THIRTY- FIVE MILES PER HOUR (35 MPH), EXCEPT WHERE PREVIOUSLY POSTED AT THIRTY MILES PER HOUR (30 MPH), ON VANDERBILT DRIVE FROM 111TM AVENUE/BLUEBILL AVENUE TO WIGGINS PASS ROAD. WHEREAS, Chapter 316, Florida Statutes, permits the Board of County Commissioners (BCC) to alter established speed limits on roads under its jurisdiction; and WHEREAS, Vanderbilt Drive falls under the jurisdiction of the BCC; and WHEREAS, in accordance with Chapter 316, Florida Statutes, the BCC may alter such existing speed limits as may be appropriate upon the basis of an engineering and traffic investigation; and WHEREAS, the results of such engineering and traffic investigations determine that the reduced speed limit is reasonable and safer under the conditions found to exist and it conforms to criteria promulgated by the County. 18 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS 19 OF COLLIER COUNTY, FLORIDA THAT: 20 'SECTION 1: The BCC does hereby establish a thirty five miles per hour (35 MPH) speed limit on 21 Vanderbilt Drive from 11 lth Avenue/Bluebill Avenue to Wiggins Pass Road, except where previously 22 posted at thirty miles per hour (30 MPH) in the roadway section beginning at a point 500 feet north of 23 Bridge 03016 over Big Horse Pass to a point 500 feet south of Bridge 03016, and does hereby direct the 24 County Transportation Operations Department to erect appropriate speed limit signs giving notice 25 thereof. 26 SECTION 2: A copy of this Resolution shall be forwarded to the Collier County Sheriff's Office for 27 proper enforcement of the established speed limit for Vanderbilt Drive within the designated segment. 28 SECTION 3: The effective date of the speed limit reduction shall be after written notification to the 29 Sheriff's Office and upon posting of appropriate signage. 30 This Resolution adopted after motion, second, and majority vote favoring same this 31 day of ,2001. 32 ATTEST: 33 DWIGHT E. BROCK, Clerk 34 35 BY: 36 37 38 39 40 Approved as to form and legal 41 sufficiency: 42 ~ f~ 43 dj 44 H~eidi F.~A~'hton 45 Assistant Collier County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: JOHN D. CARTER, Ph.D., Chairman EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE THE MEDIATED SETTLEMENT AGREEMENT AND A STIPULATED FINAL JUDGMENT TO BE DRAFTED INCORPORATING THE SAME TERMS AND CONDITIONS AS THE MEDIATED SETTLEMENT AGREEMENT RELATIVE TO THE FEE SIMPLE ACQUISITION OF PARCEL 2-T IN THE LAWSUIT ENTITLED COLLIER COUNTY I~. JOHN B. FASSETT, TRUSTEE, ET AL., CASE NO. 99-3040 (LIVINGSTON ROAD 4-LANING PROJECT, PROJECT NO. 65041). OBJECTIVE: That the Board of County Commissioners approve the Mediated Settlement Agreement and a Stipulated Final Judgment to be drafted incorporating the same terms and conditions as the Mediated Settlement Agreement as full and final compensation to be paid for the acquisition of the fee simple interest on Parcel 2-T for the Livingston Road 4-Laning Project (Immokalee Road to Imperial Road in the lawsuit entitled Collier County v. John B. Fassett, Trustee, et al., Case No. 99-3040-CA. CONSIDERATIONS: On December 2, 1999, an Order of Taking was entered in Collier County Circuit Court regarding the acquisition of fee simple interests for the Livingston Road 4-Laning Project No. 65041 (Immokalee Road to Imperial Road). On December 8, 1999, Collier County deposited with the Registry of the Court the sum of $161,950.00 for Parcel 2-T in accordance with the Order of Taking. A Mediation Conference was held on April 10, 2001 at which the parties reached a settlement agreement whereby the property owners, Robert W. McMichael and HUD Realty, Inc., will be fully and fairly compensated for the property interests taken for the public purposes enumerated in the resolution of condemnation (Resolution No. 99-250). The terms of the Mediated Settlement Agreement (attached as Exhibit "1") will be incorporated in the Stipulated Final Judgment to be presented to the Court for entry. The Mediated Settlement Agreement provides for $300,000.00 to be paid to the Respondents as full settlement of all claims for compensation for the property rights taken, less amount previously paid, as to Parcel 2-T; and $45,556.50 to be paid to Charles J. Basinait, Esq. as statutory attorney fees. The Mediated Settlement Agreement provides that Collier County shall deposit the additional amount of $183,606.50 with the Registry of the Court. Staff has reviewed the County's obligations stated in the Mediated Settlement Agreement and consider them to be reasonable. FISCAL IMPACT: Funds in the amount of $183,606.50 are available in the road construction gas tax funds. Source of funds are gas taxes. ' M,A,Y 08 2001 Pg. L GROWTH MANAGEMENT IMPACT: Consistent with the Collier Management Plan for CIE Project No. 21. RECOMMENDATION: That the Board of County Commissioners: 2. 3. 4. County Growth approve the Mediated Settlement Agreement; approve the expenditure of the funds as stated; and direct staff to deposit the sum of $183,606.50 into the Registry of the Court; and approve the Stipulated Final Judgment which will incorporate the terms and conditions of the Mediated Settlement Agreement to be presented to the Court for entry. SUBMITTED BY: Heidi F. Ashton Assistant County Attorney REVIEWED BY: Mitch Riley, P.E., Sr. Project Manager Transportation Engineering & Construction Management Date: REVIEWED BY: REVIEWED BY: APPROVED BY: h:LitkEmDom\FassettkE xSum- P2T Steve Miller, P.E., Director Transportation Engineering & Construction Management NormjS~der, ~t~ninistrator Tran:ortation Division David C. Weigel' /--) - County Attorney 2 Date: 'A,/~ ~:*~ / Date: . Date: AGENDA NO. HAY 0'8 2001 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, VS. Petitioner, JOHN B. FASSETT, Trustee of the Anne M. Fassett Trust dated 6/5/86., et al., Respondents. Case No.: 99-3040-CA Parcel No.: 2-T MEDIATED SETTLEMENT AGREEMENT At a mediation Conference held on April 10, 2001, the parties reached the following Settlement.Agreement: 1. Petitioner will pay to Respondents, ROBERT W. MCMICHAEL and HUD REALTY, INC., a Florida corporation, the sum of Three Hundred Thousand Dollars ($300,000) in full settlement of all claims for compensation from Petitioner whatsoever, including statutory interest, but excluding expert fees and costs. Petitioner shall receive a credit in the amount of One Hundred Sixty-one Thousand Nine Hundred Fifty Dollars ($161,950.00), which sum was previously deposited in this case. Petitioner will pay Respondents' attorney the additional sum of Forty-five Thousand Five Hundred Fifty-six and 50/100 Dollars ($45,556.50) in settlement of attorney's fees pursuant to Section 73.092(I), Florida Statutes. A A MAY 0'8 2001 2. Petitioner shall pay Respondents the balance of One Hundred Eighty-three Thousand Six Hundred Six and 50/100 Dollars ($183,606.50) within thirty (30) days of the court execution of the Stipulated Final Judgment pertaining to parcel 2T. 3. This mediation is subject to the approval of the Board of County Commissioners. 4. This Agreement (and addendum, if any) contain(s) all of the agreements of the parties, and every part of every agreement. 5. Counsel for Petitioner and Respondents will jointly submit to the Court for signature a mutually approved form of a proposed Stipulated Final Judgment as soon as practical hereafter, and in any event within sixty (60) days of the date of this agreement. Said proposed Stipulated Final Judgment shall incorporate, include and set forth all provisions of this agreement except this final paragraph numbered 5. Charles J.,,,~aginait, Esq. Florida [gear No. 357278 HENDERSON, FRANKLIN, STARNES & HOLT, P.A. P. O. Box 280 Fort Myers, Florida 33902-0280 (941) 334-4121 Attorney for Respondents Robert W. McMichael, Respondent {,J~hh N. C(~nrad, Mediat~)r Heidi F. Ashton, Esq. Florida Bar No. 0966770 COUNTY ATTORNEY'S OFFICE Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 - Phone (941) 774-0225 - Facsimile Attorney for Petitioner Mitch Riley, Project Manager Transportation Engineering Dept. COLLIER COUNTY GOVERNMENT Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 No. MAY 0 8 2001 pg. I~ EXECUTIVE SUMMARY A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AUTHORIZING THE FILING OF THE TRIP AND EQUIPMENT GRANT APPLICATION WITH THE FLORIDA COMMISSION FOR THE TRANSPORTATION DISADVANTAGED (CTD). OBJECTIVE: To approve the attached grant application and resolution authorizing the Chairman of the BCC to file and execute the application and to sign the agreement (identical in all material aspects to the attached sample) as required in connection with the application. CONSIDERATION: As the Community Transportation Coordinator (CTC) for Collier County, the BCC will file a Trip and Equipment grant with the Commission for the Transportation Disadvantaged (CTD) each year. Funds from this grant will cover a portion of the operating expenses of the Transportation Disadvantaged Program. 3,,xFISCAL IMPACT:. The application will secure a grant in the amount of $358,284. The ~ ~aat~"~' ~ indicated, $38,809, has traditionally been exceeded by the annual contribution by the County to the program. GROWTH MANAGEMENT IMPACT: There is no impact to the County adopted Growth Management Plan. RECOMMENDATION: That the Board authorize the Chairman to execute the application and to sign the agreement (identical in all material aspects to the attached sample) as required in connection with the application. That the Board authorize the Public Transportation Manager to sign any assurances, reimbursements invoices, warranties, certifications and any other documents which may be required in connection with this application, and approve any budget amendments necessary to receive ar~ 7s h e funds. Prepared by: ~i[, '" 'i~~ Date: 04/19/01 I~av~c P. R~pe/'PL~Transportation Manager Reviewed /(/ /~ ~ Date: 04~01 by: ' D~ Wolfe, T '~ ortat' ~-IanningD. irector Approved by: NolmanFeder, T,T~nspo~nS~sAdmini~trator=-~ Date:04/t~0~ MAY 0 8 2001 EXHIBIT A COMMISSION FOR THE TRANSPORTATION DISADVANTAGED GRANT APPLICATION INFORMATION FORM CONCERNING THE TRIP/EQUIPMENT GRANT PROGRAM 2. 3. 4. 5. 7. 8. 9. 10. lla. llc. DATE SUBMITTED: May 8, 2001 LEGAL NAME OF APPLICANT: Collier County Board of County Commissioners (BCC) FEDERAL IDENTIFICATION NUMBER: 59-6000558 REMITTANCE ADDRESS: 3301 East Tamiami Trail CITY AND STATE: Naples, F1 CONTACT PERSON FOR THIS GRANT: PHONE NUMBER: (941) 592-9768 (REQUIRED) E-MAIL ADDRESS: PROJECT LOCATION (County(ies)): PROPOSED START DATE: July 1. 2001 ESTIMATED PROJECT FUNDING: State $ 358,284 Local $ 39,809 TOTAL $ 398,093- VOLUNTARY DOLLARS REQUESTED State $ Local In-Kind TOTAL $ ZIP CODE: 34112 David P. Hope FAX NUMBER: (941) 592-5763 DavidPHope~aol.com Collier lib. ENDING DATE: June 30, 2002 PLANNING FUND ALLOCATION TRANSFERRED TO TRIP GRANT State $ MAY 0 8 2001 Trip & Equipment Grant Application 2001/2002 Form Rev. 3/01/01 Grant Application Page 1 12. I hereby certify that this document has been duly authorized by the governing body of the applicant, and the applicant intends to complete the project, and to comply with any attached assurances if the assistance is awarded. James D. Carter, Ph.D., Chairman TYPED NAME OF AU"IHORIZED REPRESENTATIVE AND TITLE SIGNATURE OF AUTHORIZED REPRESENTATIVE May 8, 2001 DATE 13. NOT REQUIRED IF ONLY TRIPS ARE PURCHASED I hereby certify that this grant has been reviewed in its entirety by the Donna Fiala, Chairwoman_ Collier Countv Coordinating Board. COORDiNATING BOARD CHAIRPERSON'S SIGNATURE April 18, 2001 DATE Trip & Equipment Grant Application 2001/2002 Form Rev. 3/01/01 MAY 0 8 2001 Pg. ..~ Grant Application Page 2 EXHIBIT B PROPOSED PROJECT FUNDING Description and Cost Project A. B. Capital equipment 1. $ 2. $ 3. $ C. Contingency $ Non-sponsored trips Total Project Cost Funding Participation A. 358,284 Commission for the Transportation Disadvantaged State Funds (90%) $ B. Cash Local Match (10%) $ 39.809 C. Voluntary Dollar Contributions (%) $ 0 D. Match for Voluntary Dollar $ 0 (If in-kind, so state with monetary value) Total Project Cost $ 398,093 $ 398~093 E. $ 398,093 m. Estimated cash-flow of FY 2001/2002 STATE grant funds only ( $ divided by 1000) Only complete this section if desired cash flow is different than one twelfth of state funds per month. FY 01/O2 FY 02/03 Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Trip & Equipment Grant Application 2001/2002 Form Rev. 3/01/01 AC.-~NI~ I~:I'EM No. I[/_r")/~ HAY 0 8 2001 PO. Grant Application Page 3 1 2 3 4 5 6 '7, 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 41 42 43 45 46 47 EXHIBIT C RESOLUTION NO. 2001- A RESOLUTION OF THE COIJ.IER COUNTY BOARD OF COUIWrY COMMISSIONERS AUTHORIZING THE FILING OF A TRANSPORTATION DISADVANTAGED TRUST FUND GRANT APPLICATION WITH THE FLORIDA COMMISSION FOR THE TRANSPORTATION DISADVANTAGED. WHEREAS, the Collier County. Board of County Commissioners has the authority to file a Transportation Disadvantaged Trust Fund Grant Application and to undertake a transportation disadvantaged service project as authorized by Section 427.0159, Florida Statutes, and Rule 41-2, Florida Administrative Code; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD THAT: The BOARD has the authority to file this grant application. The BOARD authorizes James D. Carter, Ph.D., Chairman to file and execute the application on behalf of the Collier County BCC with the Florida Commission for the Transportation Disadvantaged. The BOARD authorizes James D. Carter, Ph.D., Chairman to sign to sign the agreement (ider~tical in all material aspects to the attached sample) as required in connection with the application. The BOARD authorizes David P. Hope, Public Transportation Manager, to sign any and all assurances, reimbursement invoices, warranties, certifications and any other documents which may be required in connection with the application or subsequent agreements. DULY PASSED AND ADOPTED THIS 8~h DAY OF May, 2001 ATTEST: DWIGHT E. BROCK, CLERK COLLIER COUNTY BOARD OF COUNTY CONEMISSIONERS By: By: James D. Carter, Ph.D., Chairman APPROVED AS TO FORM AND LEGAL SUFFICIENCY: ine Robinson, Assistant, County Attorney A~END~ ITEM MAY 0 8 2001 Trip & Equipment Grant Application 2001/2002 Form Rev. 3/01/01 Grant Application Page 4 EXHIBIT C RESOLUTION NO. 2001- A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AUTHORIZING THE FILING OF A TRANSPORTATION DISADVANTAGED TRUST FUND GRANT APPLICATION WITH THE FLORIDA COMMISSION FOR THE TRANSPORTATION DISADVANTAGED. ~VI-IEREAS, the Collier County Board of County Commissioners has the authority to file a Transportation Disadvantaged Trust Fund Grant Application and to undertake a transportation disadvantaged service project as authorized by Section 427.0159, Florida Statutes, and Rule 41-2, Florida Administrative Code; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD THAT: The BOARD has the authority to file this grant application. The BOARD authorizes James D. Caner, Ph.D., Chairman to file and execute the application on behalf of the Collier County BCC with the Florida Commission for the Transportation Disadvantaged. The BOARD authorizes James D. Carter, Ph.D., Chairman to sign to sign the agreement (identical in all material aspects to the attached sample) as required in connection with the application. The BOARD authorizes David P. Hope, Public Transportation Manager, to sign any and all assurances, reimbursement invoices, warranties, certifications and any other documents which may be required in connection with the application or subsequent agreements. DULY PASSED AND ADOPTED THIS 8th DAY OF May, 2001 ATTEST: DWIGHT E. BROCK, CLERK COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS By: By: James D. Carter, Ph.D., Chairman APPROVED AS TO FORUM AND LEGAL SUFFICIENCY: Q ' ' son, Assistant, County Attorney MAY 0 8 200! Trip & Equipment Grant Application 2001/2002 Form Rev. 3/01/01 Grant Application Page 4 EXHIBIT D STANDARD ASSURANCES The recipient hereby assures and certifies that: (1) The recipient will comply with the federal, state, and local statutes, regulations, executive orders, and administrative requirements which relate to discrimination on the basis of race, color, creed, religion, sex, age, and handicap with respect to employment, service provision, and procurement. (2) Public and private for-profit, transit and paratransit operators have been or will be afforded a fair and timely oppommity by the local recipient to participate to the maximum extent feasible in the planning and provision of the proposed transportation planning services. (3) The recipient has the requisite fiscal, managerial, and legal capacity to carry out the Transportation Disadvantaged Program and to receive and disburse State funds. (4) The recipient intends to accomplish all tasks as identified in this grant application. (5) Transportation Disadvantaged Trust Funds will not be used to supplant or replace existing federal, state, or local government funds. (6) Capital equipment purchased through this grant meets or exceeds the criteria set forth in the Florida Department of Transportation's Guidelines for Acquiring Vehicles on file with the Commission on July 1,2001 or criteria set forth by any other federal, state, or local government agency. (7) Capital equipment or consultant services purchased through this grant comply with the competitive procurement requirements of Chapter 287 and Chapter 427, Flor/da Statutes. (8) If capital equipment is purchased through this grant, the demand responsive service offered to individuals with disabilities, including individuals who use wheelchairs, is equivalent to the level and quality of service offered to individuals without disabilities. Such service, when viewed in its entirety, is provided in the most integrated setting feasible and is equivalent with respect to: (a) Co) (c) (d) (e) (f) (g) response time, fares, geographic service area, hours and days of service, restrictions on trip purpose, availability of information and reservation capability, and contracts on capacity or service availability. N HAT 0 8 2001 Trip & Equipment Grant Application 2001/2002 Form Rev. 3/01/01 Grant Application Page 5 In accordance with 49 CFR Part 37, public entities operating demand responsive systems for the general public which receive financial assistance under Sections 5310 or 5311 of the Federal Transit Administration (FTA) have filed a certification with the appropriate state program office before procuring any inaccessible vehicle. Such public entities not receiving FTA funds have also filed a certification with the appropriate program office. Such public entities receiving FTA funds under any other section of the FTA have filed a certification with the appropriate FTA regional office. This certification is valid for no longer than the contract period for which the grant application is filed. Date: _May 8, 200.! Signature: Name: David P. Hope Title: __Public Transportation Manager HAY 0 8 2001 Trip & Equipment Grant Application 2001/2002 Form Rev. 3/01/01 Grant Application Page 6 SAMAS Approp: 088846 Fund: TDTF FM/Job No(s).: SAMAS Obj.' 790056 Function: 035 CSFA No. Org Code: 55 12 00 00 952 Contract No.: Vendor No.: 55001 FLORIDA COMMISSION FOR THE TRANSPORTATION DISADVANTAGED TRIP & EQUIPMENT GRANT AGREEMENT THIS AGREEMENT, made and entered into this day of 20 by and between the STATE OF FLORIDA COMMISSION FOR THE TRANSPORTATION DISADVANTAGED, created pursuant to Chapter 427, Florida Statutes, hereinafter called the Commission and hereinafter called the Grantee. WITNESSETH: W~Grante~at :h :ltytoe greement~--X'd~to descrit~ed, ~,~ ~~si~ ha~b e~ gr~tec th4a ~horltv o us~sp~ money, to sure a pon~on ~a tr~. x tatiq~ C ~v~ ~tag~ r erso~sp~ byan a~cy,~d/'capi/al eCu~m~ F rch~et l'¢rtt ~tpl~~'is onolnon-sppm other~~ities~id~tifi~Chf,t{ 45>~d~ at :esorml~st~of; N~W, ~F~, in considera ~ ~1 larts, p agree a~ow~/ ~-- ~ mises~d 1.00 Purpose of Agreement: The pu~ose of this Agreement is to: rode take the P~ ttion Disadvant tion osts whicl~ >red :ransportal epresentatiols oject hereina4er iged I~rust Fund is n~ sponsqred ion services ~nd erein, the part[c Provide non-sponsored transportation trips and/or capital equipment to the non-sponsored transportation disadvantaged in accordance with the Transportation Disadvantaged Trust Fund in Chapter 427, Florida Statutes, Rule 41-2, Florida Administrative Code, Commission policies, the Application and Policy Manual for the Trip & Equipment Grant for non-sponsored trips and/or capital equipment as revised on March 1, 2001; and as further described in this Agreement and in Exhibit(s) A, B, C attached hereto and by this reference made a part hereof, hereinafter called the Project; .and, for the Commission to provide non-sponsored financial assistance to the Grantee and state the terms and conditions upon which such non-sponsored financial assistance will be provided and the understandings as to the manner in which the Project will be undertaken and completed. Funds available through this agreement may be used only for non-sponsored transportation services and shall be applied only after all other potential funding sources have been used and eliminated. Grant funds shall not be used to supplant or replace funding of transportation disadvantaged services which are currently funded to a recipient by any federal, state, or local governmental agency. 2.00 Accomplishment of the Project: Trip & Equipment Grant Agreement 2001,;2002 Form Rev. 03/01/01 2.10 General Requirements: The Grantee shall commence, and complete the Project as described in Exhibit "A" with all practical dispatch, in a sound, economical, and efficient manner, and in accordance witl~ the provisions herein, and all federal, state and local applicable laws. MAY O 8 2001 ['~ ll:~.of 19 Pagq 2.20 Pursuant to Federal, State, and Local Law: In the event that any election, referendum, approval, permit, notice, or other proceeding or authorization is requisite under applicable law to enable the Grantee to enter into this Agreement or to undertake the Project hereunder, or to observe, assume or carry out any of the provisions of the Agreement, the Grantee will initiate and consummate, as provided by law, all actions necessary with respect to any such matters so requisite. 2.30 Funds of the Grantee: The Grantee will use its best efforts to enable the Grantee to provide the necessary funds or in-kind contributions necessary for the completion of the Project. 2.40 Submission of Proceedings, Contracts and Other Documents and Products: The Grantee shall submit to the Commission such data, reports, records, contracts, certifications and other financial or operational documents or products relating to the Project as the Commission may require as provided by law, rule or under this agreement including those listed in Exhibit "C". Failure by the Grantee to provide such documents, or provide other documents or products required by previous agreements between the Commission and the Grantee, may, at the Commission's discretion, result in refusal to reimburse project funds or other permissible sanctions against the Grantee, including termination. 2.~ration/~fer ~n~~r~d ~ommissio~n ag~e'~ t-~at by eat:ring into thts er eT the appl P~gree(ne~ partips e~plid~tl ir]corltor~e py [e~erlen : int~-l~is A~gre [cabl~ law anU pt~ovisi~h~tp :~s_3~[ and\~ :7,1Flo~d.a' ~tp. tut~s,.R~.l ; 14-~0 ~qhd 4 ~-2, [ o~ida Admit istrative Code, th&,~pp_ro_ved_Y,{i_[, a~d~ E_~u~me~ gr~int a~lid~!or/~ubr~il ,d byTh'h Grar~ee a d~he Applic~ I Giant] ls r~_is/l °n I'e ~ trion and moli{y M~a~ t~ II':ilt & 14_q.c~m el ruary 24,~?,000. ~An~al N~l~itorin~d } .~t~ilsin~ehIall~t~' des ;at each local :oordinati~g ~oar~m'd~_ e,~uate the p/e'rf, tnnar/ce of ~e~ !i}eri) approved :~y the Commas,, [on. A copy ~' the e~n rexrt~'ill be ~ x/~ d 'c~xrghat~fi ~a'-pt~anning age icy and thc Co~ nifi~ion. Th/c Grantee must fully cooperate with the local coordinating board in the performance of its duties. The Grantee shall submit to the local coordinating board such data, reports, records, contracts, certifications and other financial or operational documents or products relating to the Project as provided by law, rule or under this agreement. Failure by the Grantee to cooperate with, or to provide such documents or other products to the local coordinating board may, at the Commission's discretion, result in permissible sanctions against the Grantee, including termination. 3.00 Total Project Cost: The total estimated cost of the Project is $ . This amount is based upon the estimate summarized in Exhibit "B" and by this reference made a part hereof. The Grantee agrees to bear all expenses in excess of the total estimated cost of the Project and any deficits involved, including any deficits revealed by an audit performed in accordance with Article 11.00 hereof after completion of the project. 4.00 Commission Participation: The Commission agrees to maximum participation, including contingencies, in the Project in the amount of $ as detailed in Exhibit "B", or in an amount equal to the percentage(s) of total actual project cost shown in Exhibit "B", whichever is less. Trip & Equipment Grant Agreement 2001/2002 Form Rev, 03/01/01 4.10 Eligible Costs: Trip and Equipment Grant Funds, derived exclusively from the Transportation Disadvantaged Trust Fund, may only be used by the Commission and the Grantee to subsidize a norfi,m, 'a transportation disadvantaged person's transportation costs which is not sponsot ed b~~cy, id MAY 0 8 2001 Page 2 of 19 Pf~s then only ifa match, as specified in the Application and Policy Manual for the Trip and Equipment Grant, provided by the Grantee. Trip and Equipment Grant Funds may also be used to purchase capital equipmen, used for the provision of non-sponsored transportation services. 4.20 Eligible Project Expenditures: Project costs eligible for State participation will be allowed only from the date of this Agreement. It is understood that State participation in eligible project costs is subject to: a) The understanding that disbursement of funds will be made in accordance with the Commission's cash forecast; b) Availability of funds as stated in Article 17.00 of this Agreement; c) Commission approval of the project scope and budget (Exhibits A & B) at the time appropriation authority becomes available; d) Submission of all certifications, invoices, detailed supporting documentation, or other obligating documents and all other terms of this agreement. If the Grantee wishe~ to purchase vehicles or other eqm >ment with Transportation Disadvantaged Trust Fu~ date thi~-Agre~ment ~ eff~,ez-~heTM · · alqms~ the ~°m~misli°n ald th~n lxelht; an lm 5rantemrtu~first[~n written af'P'uv"l "f s"¢'~~d~[~h,.i bl ~A~,-~ I~ / / 4~30 Pr-'O~ Funds/ In p~dit~n to ~th~ re~tr[cti~s s~t{ at. in ~rip~ ~q~ipment G~ant a~reeme~t, F~~th~r~tee m~st tl~ adhere t°)he f~ll°~ng'l/mi~4ti°~ c~} ) / ~ ~1 [~V/ t the.~~po~Tion Disa~~t~ed T~t~ ~o:~: ti-o~n~ ~i~e~ se~ice ~ea{ ~ay n~, ~ ~ :~~: T~ ~:t ~:~s~ :~tt:a ~~nds ~om one desi,~ed se~ice ~e~ ~er { ~t the e~ ~en~o~th ~mission. ' ' ' ~ 4.32 Use of Vehicles: The Grantee may only purchase vehicles with Transportation Disadvantaged Trust Funds which the Grantee actually uses to transport eligible transportation disadvantaged passengers in the coordinated system. 5.00 4.40 Front End Funding: Front end funding is not applicable. Retainage: Retainage is not applicable. 6.00 Project Budget and Disbursement Schedule: 6.10 The Project Budget: The Grantee shall maintain the Commission approved Project Budget, as set forth in Exhibit "B", carry out the Project, and shall incur obligations against and make disbursements of Project funds only in conformity with the latest approved budget for the Project. The budget may be revised periodically, but no budget revision shall be effective unless it complies with fund participation requirements established in Article 4.00 of this Agreement and is approved in writing by the Commission. Any budget revision that changes the fund participation requirements established in Article 4.00 of this agreement shall not be effective unless approved in writing by the Commission and the Florida Department of Tmnsportatio~ Comptroller. Trip & Equipment Grant Agreement 2001/2002 Form Rev. 03/01/01 MAY 0 8 2001 Page 3 of 19 Pages 6.20 Schedule of Disbursements: The Grantee shall abide by the Commission approved disbursements schedule, contained in Exhibit "B". This schedule shall show estimated disbursement of Commission funds for the entire term of the Project by month or quarter of the fiscal year in accordance with Commission fiscal policy. Thc schedule may be divided by Project phase where such division is determined to be appropriate by thc Commission. Any significant deviation from thc approved schedule in Exhibit "B" requires advance submission of a supplemental schedule by the agency and advance approval by the Commission. Reimbursement for the Commission's share of the project shall not be made for an amount greater than the cumulative total up to any given month as indicated in the disbursement schedule in Exhibit "B". 7.00 Accounting Records, Audits and Insurance: 7.10 Establishment and Maintenance of Accounting Records: The Grantee shall establish for the Project, in conformity with the latest current uniform requirements established by the Commission to facilitate the administration of the non-sponsored financing program, either separate accounts to be maintained within its existing accounting system, or establish independent accounts. Such non-sponsored financing accounts are referred to herein collectively as the "Project Account". T~count,~ile d~ati~supp-~rti~gtheProje~cA¢co~u mustbe:nadeavailab~e u?on ~q ,st~, ~ ithoU[ c0.~t, to~[ C.~mn~iss~,o.n/an:~ ti~e. c]u. fin~l~.peri.¢d of th[ Agreement aqd for five y~a. rs a .Retinal payn~ent. Is~maq~e r ii a,n,:~auc~i!/~as~ eex} in]tiate~l anJl aunt I [ndin[ s have not beech resolved .ur~il les°lu~e tudit I: indings'~ eTs, grec ~ the'~Gra tee/provide Asp( so~'edq t~anspo/'t4lior~to ptherlPurchasing ~genc~ies within s~ste .n~n.g, :h~/ ti~od f t~is Careempnt, th~ C~rant~e shall maintain detaile[t SUXl~orting t~ ~s.po.~l. sored~ t~ ~s~ortqtti4n tc/ t~: c~thqr purchasing at~encies, andlr docu"menvaffon atari-able upofl-rettegtT~,ithb'rrVcos¥-ro'~the~'~:srfimission any time during' t . Agreement and for five years after final payment is made or if any audit has been initiated and audit findings have not been resolved at the end of five years, the records shall be retained until resolution of the audit findings. 7.20 Funds Received Or Made Available for The Project: The Grantee shall appropriately record in the Project Account, and deposit in a bank or trust company which is a member of the Federal Deposit Insurance Corporation, all non-sponsored transportation payments received by it from the Commission pursuant to this Agreement and all other funds provided for. accruing to, or otherwise received on account of the Project, which Commission payments and other funds are herein collectively referred to as "Project Funds". The Grantee shall require depositories of Project Funds to secure continuously and fully all Project Funds in excess of the amounts insured under Federal plans, or under State plans which have been approved for the deposit of Project funds by the Commission, by the deposit or setting aside of collateral of the types and in the manner as prescribed by State law for the security of public funds, or as approved by the Commission. Trip & Equipment Grant Agreement 2001/2002 Form Rex. 03/01/01 7.30 Costs Incurred for the Project: The Grantee shall charge to the Project Account only eligible costs of the Project. Costs in excess of the latest approved budget, costs which are not within the statutory criteria for the Transportation Disadvantaged Trust Fund, or attributable to actions which have not met the other requirements of this Agreement, shall not be considered eligible costs. ,, MAY 0 8 2001 Page 4 of 19 P_ages 7.40 Documentation of Project Costs and Claims for Reimbursement: All costs charged to the Project, including any approved services contributed by the Grantee or others, shall be supported by proper~ executed payrolls, time records, invoices, contracts, driver=-s manifests, vouchers, vehicle titles, and oth~ detailed supporting documentation evidencing in proper detail the nature and propriety of the charges. Records must be kept to show how the value placed on third party transactions was derived. The Grantee shall provide sufficient detailed documentation for each cost or claim for reimbursement to allow an audit trail to ensure that the services rendered or costs incurred were those which were promised. The documentation must be sufficiently detailed to comply with the laws and policies of the Department of Banking and Finance. 7.50 Checks, Orders, and Vouchers: Any check or order drawn by the Grantee with respect to any item which is or will be chargeable against the Project Account will be drawn only in accordance with a properly signed voucher then on file in the office of the Grantee stating in proper detail the purpose for which such check or order is dra~x~. All checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the Project shall be clearly identified, readily ace~hin the ~am~=s nt'iZTZ 4~ four ~ ~, - aV Ir~.~ther s~_h_ ~do~n, exi' cou ' tel e ex ,,asible, kg 7~0 .Au~eport~..Tl~ Gr~ ee h s 'hich the P rojeci-~.c.o~t ren~.mns, op.e.n..'~an a~cl~t fe~ort ~ 'epafr. e,d [~ith~ ~b.y/~ts qffi~ial au~. itor o/a,[d!t agency or {n independe~at certif~ublic ~acc~unt~0_~. eflet tin~F tnelutse oa tnF ~non.[spc~ nsored tr__~tN~port [~tion] funds oftl~ e Coiraniaaioh, t~G'~...~te~uanq th/bse from any c [~eI so~.~.c~e with/rqspe4t tq the l~roject. Aut[its sl~tll be con4acte4 under tl- g~deltne,foftl3k VniteC. S.i~s Ot l~c~no~I l~_a~n,a_g_ e~e~p_t_ a~,d ,t~dge~.,(OMB)9.'cular A-133q S{,ctiofi Fl~da StatUes/and/Chapter 12t[y.y_~~,_~[ae ~u~litOr ~eneral. T~e reporting l~aqkages and date collec~rms are'-'f~6 be subm~ff.~a w~thln th~6-arlier----6Y30 a-dfiSWafter the receipt of me auditSr=-s report, orb months after the end of the Grantee=s fiscal year. For audits conducted only under Section 216.349, Florida Statutes, the report is to be submitted within the earlier of 30 days after the receipt of the auditor=-s report, or 12 months after the end of the Grantee=s fiscal year. The date the audit report was delivered to the Grantee must be indicated by the Grantee in correspondence accompanying the audit report, or reporting package, and data collection form. The Grantee shall follow up and take corrective action on audit findings. OMB Circular A-133 further requires the preparation of a summary schedule of prior audit findings and a corrective action plan for current year audit findings. The Grantee shall also require auditors to determine compliance with Article 12.00 and Paragraph 8.26, and Exhibit "A", "Special Considerations by Grantee". 7.70 Insurance: The Grantee shall carry insurance on Project vehicles and equipment, and guarantee liability for minimum coverage as follows: 7.71 Liability: Liability coverage in an amount of $100,000 for any one (1) person, $200,000 per occurrence at all times in which Project vehicles or equipment are engaged in approved project activities. The Grantee shall insure that contracting Transportation Operators also maintain the same minimum liability insurance, or an equal governmental insurance program. 7.72 any damages to the Project vehicle(s) and equipment including restor replacement. Trip & Equipment Grant Agreement 2001/2002 Form Rex'. 03/01/01 Collision: Collisiom fire, theft, and comprehensive coverage in any amount required to pay for ~ m its then market value c AGENDA I'I'EM No. _ HAY 0 8 2001 p~.age 5 or[.~ges 7.73 Property Insurance: The Grantee shall carry fire, theft, and comprehensive coverage property insurance, with replacement cost value, on equipment, other than vehicles, purchased with Transportation Disadvantaged Trust Funds. 7.74 Other Insurance: The above required insurance will be primary to any other insurance coverage that may be applicable. 8.00 Requisitions and Payments: 8.10 Preliminary Action by the Grantee: In order to obtain any Transportation Disadvantaged Trust Funds, the Grantee shall: 8.11 File with the Commission for the Transportation Disadvantaged, 605 Suwannee Street, Mail Station 49, Tallahassee, Florida, 32399-0450, its requisition or invoice on a form or forms prescribed by the Commission, and such other detailed supporting documentation pertaining to the Project Account and ~ (as list~-F:~hibit "~:~-r~of) ~--~~ re(~ir~to justify ~a,d f pa~quisiti~s, ;~,~ces. ~d ?~he~, ~?~?in~, ar ~mm~m: I .I k ~ The/datq~he qrante~ ~d~r~ect ~os~s an~ e~ipm~nt[ vehicles or ot~er prhpe~ ~ (2)~ Z~}~]Z;~~~;g t~at ~he G~t~s aCqui~d the prop[~ ~ ~3) }T~e actual cons~er~fm~d ~bp ~e ~o~eny qr se~ices; I [ [ [ .. k ~4) / ~ stat~that thq sub~[tte~t~il i~ su[ficie~t for a pro,er pre-audit qr ~ost-~, k (5~ ~n a~estati~n, ~t~~o~fp~s pq~s~ribe~ by ~e Co~mission, fr~,Jhe Ma~.of th ~ ~ee, und~~leg ul per~th~r~tee h~ kumpli~d with thc p~uvi~iun~ the Grant Agreement. The designated signaory of the Grantee must sign the following atestation which appears on all Commission fo~ invoices ~d requisitions: I certify, under penalty of perjury, that the aforesaid listing is true and correct, and the Agency has complied with the provisions of the Agreement. 8.12 Comply with all applicable provisions of this Agreement. 8.20 The Commission's Obligations: Subject to other provisions hereof, the Commission will honor such requisitions in amounts and at times deemed by the Commission to be proper and in accordance with this Agreement to ensure the completion of the Project and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Commission may give written notice to the Grantee that it will refuse to make a payment to the Grantee on the Project Account if: 8.21 Misrepresentation: The Grantee has made misrepresentations of a material nature in its application, or any supplement thereto or amendment thereof, with respect to any document or record of data or certification furnished therewith or pursuant hereto; 8.22 Litigation: There is pending litigation with respect to the performa its duties or obligations which may jeopardize or adversely affect the Trip & Equipment Grant Agreement 2001/2002 Form Rev. 03/01/01 payments to the Project; 8.23 Required Submittals/Certifications: The Grantee has failed or refused to provide to the Commission detailed documentation of requisitions or certifications of actions taken; 8.24 Conflict of Interests: There has been any violation of the conflict of interest provisions, prohibited interests, or lobbying restrictions, contained herein; 8.25 Default: The Grantee has been determined by the Commission to be in default under any of the provisions of this or any other Agreement which the Grantee has with the Commission; or 8.26 Supplanting of Funds: The Grantee has used Transportation Disadvantaged Trust Funds to replace or supplant available and appropriate funds for the same purposes, in violation of Chapter 477, Florida Statutes. - 8.30 Disallowed Costs: In determining the amount of the Grantee=s payment, the Commission Mll exclude all/coglWih'~ed by th~'-G~t_ee priqlwr~ effe~Sx'e-~te 9~Th'i3'walg~men [-~s which a:wlrolTytrre'R~' f~ in th/~e la_te~t approp, ed budget fo~_the_P~ojes/t, costslwlJich are not v~ithln t.h~ statutory, criteri'a for th~ 1 ~'an.s~,.0~rt~isad/~antj~ge~T mst ~'un[1, a~d po. sts. a.tt~ib~htabl~l~ood~,e quip~nent, vehi :les qr serv,ces raxcmvea_-tma,,? a conTact~t~ otl¥] d in x~rri ~r~ b~. ~e 7ant/e,~pur~'tantlto l~m~ "~]' I [arr~ng~"e'~!s/~'-l~ch h[tvqnot l:~een~ppr(~v¢.._j/ting by t2~e Cclmrniqqi n ~O'~nvo~c.es. ~r/Goods or Se,~ic~s[ In.~,~m.c.es/(qr g.~d~or, s~rv_ices or e: pens~s provide or {ncurred pBrsuaSU_u5 t_ hi/A~reement shall ~e ~;ut~.rp,~ea In/cl~.ta!l Isu cie. t for a pror =r preaudit a~IdI ,ostaUdit " ih~tr~° ~f' ,.Fai~ '~ ~"~su~t.he ~voice or ,~o~.~s_~t__a~.a .upporti~g documer :ation with t e reque~pro, ec'q-rmlcls will 13-e-~uac ~u~ thc t~omm~ssionWo-r~fuse to pay ~{ai Grantee until the Commission is satisfied that the criteria set out in Chapters 287 and 427. Florida Statutes, Rules 3A-24, 41-2 and 60A-l, Florida Administrative Code, and the Application and Policy Manual for the Trip & Equipment Grant is met. 8.50 Commission Claims: If, after project completion, any claim is made by the Commission resulting from an audit or for work or services performed pursuant to this agreement, the Commission may offset such amount from payments due for work or services done under any grant agreement which it has with the Grantee owing such amount if, upon demand, payment of the amount is not made within (60) days to the Commission. Offsetting any amount pursuant to this section shall not be considered a breach of contract by the Commission. 9.00 Termination or Suspension of Project: Trip & Equipment Grant Agreement 2001/2002 Form Rex,. 03/01/01 9.10 Termination or Suspension Generally: If the Grantee abandons or, before completion, finally discontinues the Project; or if, by reason of any of the events or conditions set forth in Section 8.20, or for any other reason, the commencement, prosecution, or timely completion of the Project by the Grantee is rendered improbable, infeasible, impossible, or illegal, the Commission may, by written notice to the Grantee, suspend any or all of its obligations under this Agreement until such time as the event or conditior resulting in such suspension has ceased or been corrected, or the Commission miy te~~ll otits No. ~ LO l:::, ¢~ I 1'4AY 0 8 2001 Page 7 of 19 Pages obligations under this Agreement. 9.20 Action Subsequent to Notice of Termination or Suspension: Upon receipt of any final termination or suspension notice under this Paragraph, the Grantee shall proceed promptly to carry out the actions required therein which may include any or all of the following: (1) necessary action to terminate or suspend, as the case may be, Project activities and contracts and such other action as may be required or desirable to keep to the minimum the costs upon the basis of which the financing is to be computed; (2) furnish a statement of the project activities and contracts, and other undertakings the cost of which are otherwise includable as Project costs; and (3) remit to the Commission such portion of the financing and any advance payment previously received as is determined by the Commission to be due under the provisions of the Agreement. The termination or suspension shall be carried out in conformity with the latest schedule, plan, and budget as approved by the Commission or upon the basis of terms and conditions imposed by the Commission upon the failure of the Grantee to furnish the schedule, plan, and budget within a reasonable time. The acceptance of a remittance by the Grantee shall not constitute a waiver of any claim which the Commission may otherwise have arising out of this Agreement. 9.3~P~l~c__cess to .~n~Os: refusal ~.~y the lqrantee/)r its ~nl other {nai~ subj~(t t~ th~ . c~u~~h t7 g;f~me~ 0.00 ,he Pr~ an~aner}p~ment, provi~ Projeck~~is ~d~, the Grantee Project~ / ~ Ft tC 70 issi? o :~ment] e., lr r Im. fl,~igl,t ~s~,~nila :ess to all do6~urn 9, F~a Sltu ect: Upo es m. pl ,urse~en.t of all sion 1ts share of pers, le~ers, records qr made ~r r~eivcd ih/ d after fi nancY! audit bf 'roje~t costs payabl4 from the Lny unexpenlec balah~ 11.00 Audit and Inspection: The Grantee shall permit, and shall require its contractors to permit, the Commission's authorized representatives to inspect all work, materials, payrolls, records; and to audit the books, records and accounts pertaining to the financing and development of the Project at all reasonable times including upon completion of the Project, and without notice. 12.00 Contracts of the Grantee: 12.10 Third Party Agreements: The Grantee shall not execute any contract or obligate itself in any manner requiring the disbursement of Transportation Disadvantaged Trust Fund moneys, including transportation operator and consultant contracts or amendments thereto, with any third part3' with respect to the Project without being able to provide a written certification by the Grantee that the contract or obligation was executed in accordance with the competitive procurement requirements of Chapter 287, Florida Statutes, Chapter 427, Florida Statutes, and the rules promulgated by the Department of Management Services. Failure to provide such certification, upon the Commission's request, shall be sufficient cause for nonpa>ment by the Commission as provided in Paragraph 8.23. The Grantee agrees, that by entering into this Agreement, it explicitly certifies that all of its third party contacts will be executed in compliance with this section. Trip & Equipment Grant Agreement 2001/2002 Form Rex 03/01,'01 12.20 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties hereto that participation by the Commission ina project with a Grantee, t,~,,A~~,o~ve]a 0 8 2001 Page 8 of 19 Pages / consultant contract for any service, is contingent on the Grantee complying in full with provisions of Sectio,- 287.055, Florida Statutes, Consultants Competitive Negotiation Act. The Grantee shall certify compliam with this law to the Commission for each consultant contract it enters. 12.30 Competitive Procurement: Procurement of all services, vehicles, equipment or other commodities shall comply with the provisions of Section 287.057, Florida Statutes. Upon the Commission's request, the Grantee shall certify compliance with this law. 13.00 Restrictions, Prohibitions, Controls, and Labor Provisions: 13.10 Equal EmploYment Opportunity: In connection with the carrying out of this Agreement, the Grantee shall not discriminate against any employee or applicant for employment because of race, 'age, disability, creed, color, sex or national origin. The Grantee will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, age. disability, creed, color, sex, or national origin. Such action shall include, but not be limited to. the following: Employment upgrading, demotion, or transfer; recruitment or recruitment advertising; layoffor testes ofpa~er fo~mpe~v,~ an~ ~clcctioa4~9? tra~d~ag] including ~pprcnt~cc3h~i~. T,?e.. %az).te.e'~shall i~sert tn~e foret~oing l~rovtsion r4odlfied only t0~ sh~)w the particular contractmtl r~,a!~q~sn~jn~ all its/,co~trac~s in c.~.nn~cti.~n ~itl~ th4 d~velol~m~t o:~ol~erati~n of the DrojeF-t;-e~t .c4{ntr. ac .'t~.r the sta~a, arq_\com~merci~l st~pplles] or ~:aw ~a[erial~s, a[Id si ~tll ]requlre all suct~ conlractors to in~.a,s,m~ provlsion/ it¢ all }ubcCntr4{ts, ~celbI sul~cobtract~"rr sta/~ddrd cohzrnercial ~upplies or ra~v mate'~. Th, G~ante~ s~all ~ostl in ]dpnsirict/&s ~[lades available/to [mpl4)yees and[applienm~ ym t fo [P tic ro ,isio the no imination clau e t c h ts imposed bi tlk~V4-oPffie ~'rwl-~gnts Ae{-~ 1-964 (78-S4atu~2)1 t,',c Regulationg of t~c Fcd¢i~al ~Dcpartmcnt ~ Transportation, the Regulations of the Federal Department of Justice and the assurance by the Grantee pursuant thereto. 13.30 Prohibited Interests: 13.31 Contracts or Purchases: Unless authorized in ~'iting by the Commission, no officer of the Grantee. or employeeacting in his or her official capacity as a purchasing agent, shall either directly or indirectly purchase, rent, or lease any realty, goods, or services for the Grantee from any business entity of which the officer or employee or the officer's or employee's business associate or spouse or child is an officer, partner, director, or proprietor or in which such officer or employee or the officer's or employee's spouse or child, or any combination of them, has a material interest. 13.32 Business Conflicts: Unless authorized in writing by the Commission, it is unlawful for an officer or employee of the Grantee, or for any company, corporation, or firm in which an officer or employee of the Grantee has a financial interest, to bid on, enter into, or be personally interested in the purchase or the furnishing of any materials, services or supplies to be used in the work of this agreement or in the performance of any other work for which the Grantee is responsible. 13.33 Solicitations: No officer or employee of the Grantee shall directl' Trip & Equipment Grant Agreement 2001/2002 Forn~ Re~. 03/01/01 AGEND& fi;EM I AY II 8 2001 Page 9 of 19 Pages 1,7. :ep funds from any person who has, maintains, or seeks business relations with the Grantee. 13.34 Former Employees - Contractual Services: Unless authorized in writing by the Commission, no employee of the Grantee shall, within 1 year after retirement or termination, have or hold any employment or contractual relationship with any business entity in connection with any contract for contractual services which was within his or her responsibility while an employee. 13.35 Former Employees - Consulting Services: The sum of money paid to a former employee of the Grantee during the first year after the cessation of his or her responsibilities, by the Grantee, for contractual services provided to the Grantee, shall not exceed the annual salary received on the date of cessation of his or her responsibilities. The provisions of this section may be waived by the Grantee for a particular contract if the Grantee determines, and the Commission approves, that such waiver will result in significant time or cost savings for the Grantee and the project. The Grantee shall insert in all contracts entered into in connection with this Agreement and shall require its contractors to insert in each of their subcontracts, the following >rovision: ~'~X~qo me~c¢ ', ~ >l-~yeef0~'th~e. r.a~.tee during~'~s tlnure---'~or for one /e~ thereaflqr th~ there s c , pro~ ( _~llha~,i~sk~l~ ~t,~t~i ~t~) [ ' ~he ~'°~si°n"°I ~1~ se~' >n ~hal n°t'Oe a 7 Tit belween the 3r~tee ~d ~~1 dep~sitCr~es~o anIag[eea/ ~t~~l~ilit~t :s~a ~hicl ~e fixed ,r co trelledthe ~'e~eral agency' __ ~ 1~0 No.~c~m~n~f~e~s~ns' i~[h Dis,, ilit es~,Th ~yofits4n~ ¢ sub-~tr~ors gnm~ ho~isd~mth~atc a ain~ ~,~one un nc ,r~ctors,or ~' "' -' J'-' ' sis of a ha~utcap" u~ m~at]'~ 'hlly (physical, mental or emotional impai~ent). The Gr~tee agrees that no funds shall be used to rent, lease or ba~er ~y real prope~ that is not accessible to persons with disabilities nor shall ~y meeting be held in ~y hcili~ unless the hcility is accessible to persons with disabilities. The Grantee shall also ass~e compliance with The Americans with Disabilities Act, as amended, as it may be amended from time to time. 13.50 Lobbying Prohibition: No Grantee may use any funds received pursuant to this Agreement for the purpose of lobbying the Legislature, the judicial branch, or a state agency. No Grantee may employ any person or organization with funds received pursuant to this Agreement for the purpose of lobbying the Legislature, the judicial branch, or a state agency. The Apurpose oflobbying~ includes, but is not limited to, salaries, travel expenses and per diem, the cost for publication and distribution of each publication used in lobbying; other printing; media; advertising, including production costs: postage; entertainment; and telephone and telegraph; and association dues. The provisions of this paragraph supplement the provisions of section 11.062, Florida Statutes, which is incorporated by reference into this Agreement. Trip & Equipment Grant Agreement 2001/2002 Form Rex,. 03/01/01 13.60 Public Entity Crimes: No Grantee shall accept any bid from, award any contract to, or transact any business with any person or affiliate on the convicted vendor list for a period t~£ 36 months from the date that person or affiliate was placed on the convicted vendor list unless that person or affiliate has been removed from the list pursuant to section 287.133, Florida Statutes. The Grantee may not allow such a person or affiliate to perform work as a contractor, supplier, subcontractor, or consultant m d~r a~q,,,,: -:,--'A.'.. the D M IqA¥ O 8 2001 Pa 10 of 19 Pag~,s.-) Grantee. If the Grantee was transacting business with a person at the time of the commission of a publJr entity crime which resulted in that person being placed on the convicted vendor list, the Grantee may also n~ accept any bid from, award any contract to, or transact any business with any other person who is under the same, or substantially the same, control as the person whose name appears on the convicted vendor list so long as that person's name appears on the convicted vendor list. 14.00 Miscellaneous Provisions: 14.10 Environmental Pollution: All Proposals, Plans, and Specifications for the acquisition, reconstruction, or improvement of vehicles or equipment, shall show that such vehicles or equipment are equipped to prevent and control environmental pollution. 14.20 Commission Not Obligated to Third Parties: The Commission shall not be obligated or liable hereunder to any part)- other than the Grantee. 14.30 When Rights and Remedies Not Waived: In no event shall the making by the Commission of any pa~Grantee/z-~tt ~o ~'o~true~a-wlaix~:r~z-tht,-C~r m~ ~r_'rm-pf any bre~ ell of~;uV~ll~tIIt o_r//any d~_~elhult'~which ~ay th~ xi ~ on th~ pa~ ~f th~ G antee, ~d t~r t~i~ of such I ayment 5om~gs~ile ~y ~ch ~ ~cl hall ~ wa~ i np~ or prejud r~edy~le to~e ~mmh ;ic ~f d~fa~l[ ~a~_ ex~st [ · d~~~~~!: ~ult'~ ~J ce~r !4;4~' Co,trOt A~ted y Invalid:~y provision ofthl ~ Ag~~ ~v~l~, th~ p~T~hall ~e nder~f this Agr~ s¢ch ~tanc~ t~e remainder w6u )~ ~ the te~s. e~e~t shall no' la~/ ~ ~ ~~~nl/ mdrequirem~nbea[fected'I':sof~ 14.50 Bonus and Commissions: By execution of the Agreement the Gr~tee represents that it has not paid and, also, agrees not to pay. ~y bonus or commission for the pu~ose of obtaining ~ approval of its application for the financing hereunder. 14.60 State or Territorial Law: Nothing in the Agreement shall require the Grantee to observe or enforce compliance with any provision thereof, perform any other act or do any other thing in contravention of any applicable State or federal law. Provided, that if any of the provisions of the Agreement violate any applicable State or federal law', the Grantee will at once notify the Commission in writing in order that appropriate changes and modifications may be made by the Commission and the Grantee to the end that the Grantee may proceed as soon as possible with the Project. 14.70 Purchased Vehicles or Equipment: Trip & Equipment Grant Agreement 2001/2002 Form Rev. 03/01/01 14.71 Maintenance of Purchased Vehicles or Equipment: The Grantee agrees to maintain the vehicles and equipment~ purchased or financed in whole or in part with Transportation Disadvantaged Trust Funds pursuant to this AgreemenL in good working order for the useful life of the vehicles and equipment. The Grantee agrees not to make alterations or modifications to the equipment or vehicles without the consent of the Commission. Any lease or assignment of o , , ..... ,eratianM rocr~r~r~o;l~;l;~--, ..)2- project vehicles and equipment to third-persons is not allowed unless ,P~Oo.~[~ ~'[~, by 1, HAY 0 8 2001 'a%l of 19 ~s D Commission. 14.72 Utilization: The Grantee agrees to assure that all Project equipment and vehicles purchased with Transportation Disadvantaged Trust Funds are used to meet the identified transportation needs of the non-sponsored and in support of the service plan established under the provisions of Rule 41-2, Florida Administrative Code, to serve the transportation needs of the transportation disadvantaged of the area. Purchased Project equipment and vehicles shall be operated to their maximum possible efficiency. Purchased vehicles and equipment will be used for the period of their useful lives in accordance with the most current Commission policies. The Commission may, after consultation with the Grantee, transfer purchased equipment and vehicles that it deems to be underutilized or that is not being operated for its intended purpose. This underutilized equipment and vehicles will be returned to the Commission at a specified location at a mutually agreeable time. Reimbursement of any equity or interest of the Grantee will be made after another party has assumed the obligations under the terms and conditions of this Agreement or disposal of said items by sale has occurred. The Commission shall make the sole determination of the Grantee=s interest and reimbursement. As determined by the lion, fail~-wo~an fac[rnSt~tiliz~/w.q'~s~d ~quipxr~ wl i-chore purchased with Pmjch~t 1 be s~tfT;ien~_ca se[or ;on~_a~m,~nt bl-tleCommissk ha: pro, ridedinP~xagraph 8.25.[ jpqnen~ed ~r°~ct l[guillmaeslln~Jo~Pro~pdut luipment ; defi~ecl in,he l~~D. Dis. posa/l ~0,of ~.¥_r: ~1~_: tal el ~,,..Co ,m. mi, ,~on=/~ rporated he ein by reference. The tol!owiqtg ran p u, ilT. , .sedge l~]ld~5_0_~t,,Ct ~it~the qo~ission and the capi~l ,-quipment sti{l -- ~nas usem] me, mc ~_~anree-mtrs~ rect.~e-~wrttl'e~approval am the Comrr ission prior to disposing of any equipment purchased ~r financed in whole or in part pursuant to this Agreement, including vehicles, during its useful life, for any purpose. Proceeds from the sale of purchased project equipment and vehicles shall be documented in the project file(s) by the Grantee. With the approval of the Commission, these proceeds may be re-invested for any purpose which expands transportation disadvantaged services for the non-sponsored. If the Grantee does not elect to re-invest for purposes which expand transportation disadvantaged services, the gross proceeds from sale shall be refunded to the Commission in the same participation percentage ratios as were used to fund the original purchase. b) The purchase of all vehicles and equipment financed in whole or in part pursuant to this Agreement shall be undertaken by the Grantee on behalf of the Florida Commission for the Transportation Disadvantaged in accordance with State regulations and statutes. Title to any vehicle purchased with Project funds shall be in the name of the Grantee, subject to lien in favor of the Commission. The Commission will relinquish all interest in the vehicles and equipment when it has reached the end of its useful life and at this time the Commission will satisfy its lien of record. Trip & Equipment Grant Agreement 2001/2002 Form Re,~. 03/01/01 c) When a Grantee is no longer an eligible recipient of trip and equipment grant funds and no longer a Commission approved Community Transportation Coordinato ·lhe eanital equipment with useful life purchased with these grant funds must be transferred to an eligible recipient accordance with the Commission--s Capital Equipment Procedure or the Commission. 14.80 Accidents: Any accident involving leased or purchased vehicles, or vehicles under contract between the community transportation coordinator and a transportation operator or coordination contractor paid in whole or in part with trust fund money, must be reported to the Commission. Accidents involving a fatality or fatalities must be reported to the Commission not more than 24 hours after the community transportation coordinator becomes aware of the fatal accident. Any other accident, those not involving a fatality or fatalities, with over $1,000 in property damages, must be reported to the Commis'~ion not more than 72 hours after the community transportation coordinator becomes aware of the accident. Copies of any accident reports prepared or received by the community transportation coordinator as a result of any accident must be sent to the Commission upon receipt or preparation of the report. 15.00 Plans and Specifications: In the event that this agreement involves the purchasing of capital equipment or major components thereof, upon the Commission's request the Grantee shall submit to the Commission, certification that all such equipment meets or exceeds the requirements as identified in Exhibit "A". Failure to abide by ' ' ement sh ufficie for mmlt~lx~ as providL~-P~a~ 16.00 de e e a ~'mnify, d hold h, .a~,..less?e C~mmi~si, or~a~d al~ :hei.~ off~ers~t pge~ts o4 e4 ployee'-b~from311 ~uits,lactions, cl~imsMem~mc~s~ and li_abil_~i ~fy~any n~tur~ wn s~/!_5_~v, er ttrisi~g.o~t of3/beqa~s..e 4)f. 4)r due to~r~ch ~f the I~greemen~ by theGr-~ or its s[rb'~trac'~ors, ~ge/hts or employ, les q)r clqe ~to any Be[gliglentlact, 4r occurrenc~ ofdmission ox{ corn~ission 6. the Gr~fa.ct.o~g_~ent..s.o.~ e4npl4y4es. ~/either-[he ~3ranlee nor any 4)fits agen~n-[~s il~ ~;-i~ this a~isi~.g o. ut ~finj)r~, ~erty dire4tly cat~sed or }e4ulting from th~ sole neglig-'eneexffthe ffomrfiission br~ 6T-t~ir bWr~er~~lo;ees. ~e~pm-t~er~eet ihat/iris claus[ shall not waive the benefits or provisions of Section 768.~8, Florida Statutes or any similar provision of law. Notwithstanding the foregoing, pursuant to Section 768.28, Florida Statutes. no agency or subdivision of the state shall be required to indemnify, insure, or assume any liability for the Commission's negligence. 17.00 Appropriation of Funds: 17.10 The State of Florida% performance and obligation to pay under this agreement is contingent upon an annual appropriation by the Legislature. 17.20 Multi-Year Commitment: Whereas the Commission is created in the Florida Department of Transportation (Department) and assigned to the Secretary of the Florida Department of Transportation for administrative and fiscal accountability purposes; in the event this agreement is in excess of $25,000 and has a term for a period of more than one year. the provisions of Section 339.135(7)(a) and Section 287.058, Florida Statutes, are hereby incorporated: this subsection shall be null and void, and no money may be paid on such cot The Department, during any fiscal year. shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation c Pag~ Trip & Equipment Grant Agreement 2001/2002 Form Rev. 03/01/01 ......3 of NO.I 9~6'~J~-]]"'~~'~- 0 8 Pages shall require a statement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding one year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of twenty-five thousand dollars and having a term for a period of more than one year. In the event that this Agreement is for more than one year, this Agreement may be renewed on a yearly basis for a period of up to 2 years after the initial Agreement or for a period no longer than the term of the original Agreement, whichever period is longer, on the condition that renewals shall be contingent upon satisfactory performance evaluations by the Grantee and is subject to the availability of funds. The Commission=s performance and obligation to pay under any multi-year Agreement is explicitly contingent upon an annual appropriation by the Legislature. 18.00 Expiration of Agreement: The Grantee agrees to complete the Project on or before If the Gr~ot comp~'te-t~ Pr, ,jest withi~ th!sft-irrre- ~r! ,d, thi~ affix,men] of the ti/ne pe,~.riod is.~r, anted/to_the. ~rat tee[in wxitf~g t~lhe,Ila:' person ofthe~2o~ Disadv~tnta~ed b~S.,~ignee/ E~pira~io ~ ol thi~agt~ee~nel~ '~ ~hl e cor~red ~r~ procedl{re e~hed in /~rtiql~e 9:~t3 of[thisl/ag~efne t~, I be i itr[ir~ed. JFc completSo,.n ofproj&?is dpfine/d ~sth.~ ate~td~[~ b~(~hi~ ·~ :es may nave/vee: may have b"ee~xpen~led/or o li~ted ~ ndqr a l~ch~lse ¢ d [as ,rovided in. gibe pr 'Unle~h-l~rwi~e ext~nqed by the Con mi~sior[.~llreinp r~arlfl at in,~oices must n° late~~/a/s aft~e~Pi~~:~n.~i.~ ' e~ lent' [ 19.00 Agr~'t~me~Fortna~. All wo/~-~ ' Tortrt shall exter pdXpire unk on for the n of the l urpose ~ ed or e~ escriptio~ ired by tl 1 ~.o emd i,cl~dc ~ usx Transportatiop ~roje~t and the ffthls_ ~' e, tuipm, e.,n[~,n~s ~ (E~h~it_"A"). ~e C~mission words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. 20.00 Execution of Agreement: This agreement may be simultaneously executed in a minimum of two counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one in the same instrument. 21.00 Vendors and Subcontractors Rights: 21.10 Vendors (in this document identified as the Grantee) providing goods and services to the Commission will receive payments in accordance with section 215.422~ Florida Statutes. The parties hereto acknowledge Section 215.422, Florida Statutes, and hereby agree that the time in which the Commission is required to approve and inspect goods and services shall be changed from a period not to exceed five (5) working days to a period not to exceed eleven (11 ) working days upon receipt of a proper invoice. The Florida Department of Transportation has 20 days to deliver a request for payment (voucher) to the Department of Banking and Finance after receiving an approved invoice from the Commission. The 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspecte& and approved. Trip & Equipment Grant Agreement 2001/2002 Form Re~. 03/01/01 AGEN~M HAY O 8 2001 Page 14 of 1 ~ ~0. Ifa pa)anent is not available within 40 days after receipt of the invoice and receipt, inspection and approv of goods and services, a separate interest penalty per day (as defined by Rule) will be due and payable, ih addition to the invoice amount to the Grantee. The interest penalty provision applies after a 35 day time period to health care providers, as defined by rule. Interest penalties of less than one (1) dollar will not be enforced unless the Grantee requests pasanent. Invoices which have to be returned to a Grantee because of vendor preparation errors will result in a delay in the payment. The invoice pasanent requirements do not start until a properly completed invoice is provided to the Commission. A Vendor Ombudsman has been established within the Commission of Banking and Finance. The duties of this individual include acting as an advocate for vendors who may be experiencing problems in obtaining timely payment(s) from the Commission. The Vendor Ombudsman may be contacted at (850)488-2924 or by calling the State Comptroller's Hotline, 1-800-848-2924. 21.20 Payment to Subcontractors: Payment by the Grantee to all subcontractors with approved third party contracts shall be in compliance with Section 287.0585, Florida Statutes. Each third party contract from the Gra~ubcontra~or goo~ zr 3cD, iceF,,-,aM~pet[fc,--mcd in~hole, cor-~ part with r D~d~Trust ?~ m ~lneys,~ust cdlta~ t lhe flllol, ing staty~t: t] ..... ~.w._n_e~tract ~or [e~e~es n~ma ~tate~ge.~cp' ar~ pa~mVt fo~/)tracVa~ serve:es, comrr 3diti~s, ~p_p~s~ ~o? nstr~cuo~ ~ont~acts,lexc~pt t~qse ~gnsttuc~ion c~racts Su~ect tb the provi ~ions of ch~339, ,e qntr~r sh~ll P4Y s4* ~ne3'b re*iv~d to eac~co~trac4or ~d suFplier.in ~on~njo he/perce~[a~e o~wo~k cq~pl~te~_~ e~h ~ubcqntractor ~4 supplier at the time ~rec~ths, a~men~e ~o~r~ctoqr~p,ep l~ss t~an[fnll ~ayment, th~ the ~r shall ~c ~equired to ~ >~rse 9my m~ tun~s tecelv~ on ~ ~o rata Basis Mth the co~ractor, ~bc6nt factors, contractor without reasonable cause fails to make payments required by this section to subcontractors and suppliers within 7 working days after the receipt by the contractor of hll or partial payment, the contractor shall pay to the subcontractors ~d suppliers a pen~W in the ~o~t of one-half of 1 percent of the amount due. per day, from the expiration of the period allowed herein for payment. Such penalty shall be in addition to actual payments owed ~d shall not exceed 15 percent of the outstanding balance due. In addition to other fines or penalties, a person found not in compliance with any wovision of this subsection may be ordered by ~e co~ to m~e restitution for aaomey's fees and all related costs to the aggrieved p~y or the Dep~ment of Legal Affairs when it provides legal assistance pursuant to this section. The Depanment of Legal Affairs may provide legal assistance to subcontractors or vendors in proceedings brought against contractors under the provisions of this section. 22.00 Modification: This Agreement may not be changed or modified unless authorized in writing by the Commission. ITEM HAY 0 8 2001 PQ. Trip & Equipmenl Grant Agreement 2001/2002 Form Rev. 03/01/01 Page 15 of 19 Pages FM/JOB NO(S). CONTRACT NO. AGREEMENT DATE IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above written. GRANTEE: COMMISSION FOR THE TRANSPORTATION DISADVANTAGED BY: BY: TITLE: TITLE: Executive Director (Commission Designee) F; :Y ~r T I (SEAL) DATE FUNDING APPROVED BY COMPTROLLER (SEE ATTACHED ENCUMBRANCE FORM DEPARTMENT OF TRANSPORTATION) AGEND~ i'}'EM No. ~ L~ £'3/~ NAY 0 8 2001 Trip & Equipment Grant Agreement 2001/2002 Form Rev. 03/01/01 Page 16 of 19 Pages FM/JOB NO(S).. CONTRACT NO. AGREEMENT DATE EXHIBIT "A" PROJECT DESCRIPTION AND RESPONSIBILITIES TRIP/EQUIPMENT This exhibit forms an integral part of that Grant Agreement, between the State of Florida. Commission for the Transportation Disadvantaged and PROJECT LOCATION: PROJE~. ON: ~e pa the non}sponso'r~transportption/~isad~ant. Administr,,ative Code,X~he mc/st cup-~t Cc~mn Grant for hmlc~ponsor~d t~tps apd~r ca~it~ equipn~n~clu~ing v~ehi~/les, w~-iT[-be ul~'~iz Agreen~ent i/k,~ff.~slzt, asJset/forth in Chapter~4: pu rc. h asl~~a e.s/n~ icate~th-~ app~o eqmpme~t o~: [ ~ eng ed ~ ac~zoj'dal sio~ ._~_o_li~s at equ p~en~ as/~ thr ) _u~gh a cojb , FI, ri~ta Stattht ~d it~ qvis~ c tdina~ed ts an~l R Iurslan] . Cha~er/427, 1~1o dicanon'--"~d P~ic: n March 1,~01. transq'O-rI~on sysl fie 41~-2, Florida A to R01e 41-2, Fire ! ~-~ >ortation c~ Iida ~tatutes, Ru ~ Man~al for the 'I SerVices shall em w~ich has a :lmin~ativc r~o ida Administrtti .'e Cocie. Capittl SPECIAL CONSIDERATIONS BY GRANTEE: All project equipment or vehicles shall meet or exceed the applicable criteria set forth in the Florida Department of Transportation's Guidelines for Acquiring Vehicles on file with the Commission on Jul)' 1,2000 or criteria set forth bv an)' other federal, state, or local government agency. ~ SPECIAL CONSIDERATIONS BY COMMISSION: 0 8 200l Trip & Equipment Grant Agreement 2001/2002 Form Rex'. 03/01/01 Page 17 of 19 Pages FM/JOB NO(S). CONTRACT NO. AGREEMENT DATE EXHIBIT "B" PROJECT BUDGET AND CASH FLOW This exhibit forms an integral part of that certain Grant Agreement between the Florida Commission for the Transportation Disadvantaged and PROJECT COST: Estimated Project Cost shall conform to those eligible Costs as indicated by Chapter 427, Florida Statutes, Rule 41-2, Florida Administrative Code, the most current Commission policies and the Application and Policy Manual for the Trip & Equipment Grant for non-sponsored trips and/or capital equipment as revised on March 1,2001. Trips shall be purchased at the rates indicated in the approved service plan pursuant to Rule 41-2, Florida Administrative Code. Il. Commission for the Transportation Disadvantaged State Funds (no more than 90%) Local Cash Funds VoluntaD' Dollar Contributions Monetary Value of In-Kind Match Total Project Cost III. DISBURSEMENT SCHEDULE OF COMMISSION (State) FUNDS ( $ divided by 1000) Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun FY 01/02 FY 02/03 Trip & Equipment Grant Agreement 2001/2002 Form Rex.. 03/01/01 AC.-.-.-~NDA,ITEM No. _ MAY 0 8 2001 Page 18 of 19 Pages FM/JOB NO(S). CONTRACT NO. AGREEMENT DATE EXHIBIT "C" TRIP/EQUIPMENT This exhibit forms an integral part of that certain Grant Agreement between the Florida Commission Transportation Disadvantaged and for the THE GRANTEE SHALL RETAIN AND/OR SUBMIT THE FOLLOWING REQUIRED DOCUMENTS AND CERTIFICATIONS: DOCUMENTS: ~r . ~or ~.ion~ S eport,~-d-6 Ihe at d~'~ordtncewith .r-6'05 fthisAgre~!ment. S ~1-b-m i~in~°r g°c/d s a~ld ~' w'i "e: I~~iltAIl~__ .s~_ P°Tinl d°ct~tati°~, iI deta a~t. an~udit th/.o~ ~ ival ~ce m accordance with the Commission's policy on the acquisinon of vehicles ~ it pertains to the Americans with Disabilities Act, as amended. Said ce~ification shall accompany any reimbursement request for vehicles and shall use the Commission approved fo~at. sufficient for a rroper pre- on, in detail sufficient fol ~ THIRD PARTY CONTRACTS: The Grantee must certifi' to all third party contracts pursuant to Section 12.10 except that written approval is hereby granted for: Contracts furnishingcontractual services or commodities from a valid State or inter-govemmental contract including the Memorandum of Agreement and Transportation Disadvantaged Service Plan as set forth in section 287.042(2), Florida Statutes. Contracts furnishing contractual services or commodities for an amount less than Category II as set forth in section 287.017(1 )(b). Florida Statutes. Contracts for consultant services for an amount Jess than Category I as set forth in section 287.017(1)(a), Florida Statutes. MAY 0 8 2001 Trip & Equipment Grant Agreement 2001/2002 Form Rev. 03/01/01 Page 19 of 19 Pages EXECUTIVE SUMMARY AUTHORIZE THE MAKING OF AN OFFER OF JUDGMENT TO DEFENDANT, JAMES A. BROWN, JR., FOR PARCEL NOS. 155/40, 135/40.1, 136/41 AND 136/41.1 IN THE AMOUNT OF $500.00 IN THE LAWSUIT STYLED COLLIER COUNTY V. TIMOTHY MALONEY, ET AL., CASE NO. 92-1508-CA OBJECTIVE: To approve and authorize the making of an Offer of Judgment pursuant to § 73.032, Fla. Stat., to Defendant, James A. Brown, Jr., in the amount of $500.00 as full compensation for the condemnation of Parcel Nos. 135/40, 135/40.1,136/41 136/41.1 in Collier County v. Timothy Maloney, et al., Case No. 92-1508-CA. CONSIDERATIONS: On April 21, 1992, an eminent domain action was filed for the acquisition of property for utility and temporary construction easements for the construction, installation, maintenance and operation of utility pipelines and well sites. On August 31, 1992, an Order of Taking was entered by the Circuit Court as to Parcel Nos. 135/40, 135/40.1, 136/41 136/41.1, and on September 30, 1992, the good faith estimate of value for these parcels in the amount of $400.00 was deposited into the Court registry, thereby vesting title in these parcels in Collier County. The Offer of Judgment, a copy of which is attached, offers the property owner of these parcels, James A. Brown, Jr., the sum of $500 as full compensation for the property taken, including any severance damages and costs to cure. This figure takes into account the basis for the appraised value and the potential risks in proceeding to trial. The making of the Offer of Judgment will require the property owner to carefully assess his claim for compensation. Mr. James A. Brown, Jr. will have thirty days from the date of mailing the offer to accept. If Mr. Brown accepts, the County will be required to deposit an additional $100 into the registry, and the total sum of funds on deposit, or $500, will be paid to Mr. James A. Brown, Jr., by Stipulated Final Judgment of the court. If Mr. Brown rejects the offer, and fails to recover more than $500 for Parcel Nos. 135/40, 135/40.1, 136/41, 136/41.1, either through settlement or jury verdict, the County will not be required to pay any costs-incurred by Mr. Brown after the date of the offer's rejection. This would include any expert witness fees, such as appraisal fees, and attorneys fees. The County Attorney's Office has reviewed all considerations in making an Offer of Judgment and has calculated in good faith this offer of full compensation for the property interests taken. This office considers the terms of the Offer of Judgment to be reasonable. FISCAL IMPACT: Funds in the amount of $100 are available in the County Water Capital Projects fund, 412- 273511-70066. AGENDA I~ ~7 NO. ~.~_ .. MAY 0 8 2001 Pg. I GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners: 2. 3. 4. Approve the terms of the Offer of Judgment and authorize its service on Defendant, James A. Brown, Jr.; and Approve the expenditure of funds as stated; and Authorize $100 to be paid into the Registry of the Court in the event the Offer of Judgment is accepted by James A. Brown, Jr.; and Approve in advance a Stipulated Final Judgment based on the terms of the Offer of Judgment, in the event the offer is accepted. SUBMITTED Assistant County Attorney Date: REVIEWED BY: REVIEWED BY: APPROVED BY: David C. Weigel County Attorney Karl Boyer, Senior l:'rgjec Manager Public Utilities Engineering Department.. Jim t(~udd, Administrato Public Utilities 2 MAY 0 8 2001 pg. Z IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, and the COLLIER COUNTY WATER-SEWER DISTRICT, apolitical subdivision of the State of Florida, Petitioner, Case No.: 92-1508-CA-01-TB VS. TIMOTHY MALONEY, et al., Parcel Nos.' 135/40, 135/40.1, 136/41, 136/41.1 Respondents. / OFFER OF JUDGMENT TO: James A. Brown, Jr. c/o Jeff' Johnson Paramont Land Corporation, Inc. 1051 Clark Street, Abingdon, Virginia 24210 Plaintiff, COLLIER COUNTY, FLORIDA, by and through its undersigned attorney, pursuant to Section 73.032, Florida Statutes, and Fla. R. Civ. P. 1.442, does hereby make this binding offer of judgment in this action for all compensation, including severance damages, business damages, costs t(~ cure, together with the value of the taking, and any other claims of Defendant, James A. Brown, Jr., arising out of the taking of Parcels 135/40, 135/40.1, 136/41 136/41.1, in the amount of Five Hundred and No/100 Dollars ($500.00), which amount includes the good faith estimate of value of $400, previously deposited pursuant to the Order of Taking. There are no non-monetary terms or other relevant conditions to this offer, except that this Offer does not include interest from the date of the Order of Taking or attorney's fees and COSTS. AGENDA ~ PI'" O 8 2001 Pg. The construction plans and specifications for the project on which the offer is based have been previously and continue to be made available for the Defendant's review upon reasonable notice of such a request. Dated this ~day of ,2001. OFFICE OF THE COUNTY ATTORNEY Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 - Telephone (941) 774-0225 - Facsimile BY: ELLEN T. CHADWELL Florida Bar No. 0983860 Attorney for Collier County CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was served upon James A. Brown, Jr., c/o Jeff Johnson, Paramont Land Corporation, Inc., 1051 Clark Street, Abingdon, Virginia 24210; Joe W. Fixel, Esq., FIX]EL & MAGUIRE, 211 South Gadsden Street Tallahassee, FL 32301, and Glenn E. Tucker Esq., Rhodes & Tucker, P. O. Box 887, Marco Island, FL 34146 on this __ day of ,2001 by regular U. S. Mail. ELLEN T. CHADWELL, ESQ. h:Lit uEmDomain\MaloneyxOffer of Judgment - Brown 2 AOENDA ,[ I~)M7 NO. _ ;/ MAY 0 8 2001 EXECUTIVE SUMMARY APPROVE CHANGE ORDER NO. 1 TO WORK ORDER NO. WD-08 WITH KYLE CONSTRUCTION, INC. FOR SR-29 CANAL CULVERT UPGRADE (Project No. 31701) OBJECTIVE: To receive Board approval for Change Order No. 1 to Work Order No. WD-08 with Kyle Construction, Inc. for SR-29 Canal Culvert Upgrade, in accordance with the Fixed Term Underground Utility Contracting Services Construction Contract (Bid No. 98-2783). CONSIDERATIONS: On February 13, 2001 the Board of County Commissioners approved Work Order No. WD-08 with Kyle Construction, Inc. for the replacement of the "Price" culvert on SR-29. During construction, the contractor encountered unsuitable material and a change to the design. In order to complete and expedite construction, quantities were increased and added. A summary of the changes are attached. FISCAL IMPACT: A budget amendment is needed to transfer funding in the amount of $17,111.00 from Project No. 31012 to Project No. 31701 within the Stormwater Management CIP Fund (325). Source of Funds are Ad Valorem Taxes. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners, approve and authorize the Stormwater Management Director to execute Change Order No. 1 to Work Order No. WD-08 with Kyle Construction, Inc. and approve the necessary budget amendment. SUBMITTED B~ ~ Peter S. Hayden, E.I., Project Manager Stormwater Management Department Date: ' M Executive Summary SR-~9 Canal Culvert, Change Order No. 1 with Kyle Const. Page 2 of 2 REVIEWED BY: ~tepl~n Y.-C~ell, Direct'or Purchasing Department Date: John H. Boldt, P.E., P.S.M., Director Stormwater Management Department Date: APPROVED BY: ~ ~No~man FedS, Adm~drato* '--- ' " r ~Transportation Division Date: Attachments: Change Order Budget Amendment HAY 0 8 200! Pg. ~' COLLIER COUNTY GOVERNMENT CHANGE ORDER # 1 SR-29 Culvert Reconstruction TO: Mr. Charles Abraham Kyle Construction, Inc. 3636 Prospect Ave. Naples, Florida 34104 FROM: COLLIER COUNTY STO~ATER MANAGEMENT DEPARTMENT SUITE #212, HORSESHOE SQUARE 2685 SOUTH HORSESHOE DRIVE NAPLES, FLORIDA 34112 PROJECT NAME: SR-29 Culvert Reconstruction CONSTRUCTION AGREEMENT DATE: February 20, 2001 CHANGE ORDER NO. 1 /'O ~,~o~ o~-0¢~ N~. PROJECT NO. 31701 BID NO. 00-3087 DATE: April 19, 2001 CHANGE ORDER DESCRIPTION: See Attached Quantifies ORIGINAL AGREEMENT AMOUNT ........................................ $82,622.00 SUM OF PREVIOUS CHANGE ORDERS ................................. AMOUNT THIS CHANGE ORDER NO ..................................... REFISED AGREEMENT AMOUNT. ...................................... ORIGINAL CONTRACT CALENDAR TIME IN DAYS ADJUSTED NUMBER OF CALENDAR DAYS DUE TO PREVIOUS CHANGE ORDERS THIS CHANGE ORDER ADJUSTED TIME IS REVISED CONTRACT TIME IN CALENDAR DA YS ORIGINAL NOTICE TO PROCEED DATE: February 20, 2001 ORIGINAL COMPLETION DATE: March 17, 2001 REVISED COMPLETION DATE: April 21, 2001 $0.00 $17,111.00 $99,733.00 25 Days 0 Days 34 Days ACCEPTED BY Your acceptance of this change order shall constitute a modification to our agreement and will be performed subject to all the same terms and conditions as contained in said agreement indicated above, as fully as if the same were repeated in this acceptance. The adjustment to this agreement shall constitute a full and final settlement of any and all claims arising out of or related to change set forth herein including claims for impact and delay costs. PREPARED BY: :.e..r~en,,~?~:; Pro]e~t M~ Co~r~fS~agement Department Kyle Construction, Inc. DATE: DATE: APPROVED BY: John H. Boldt, P.E., P.S.M., Director Collier County Stormwater Management Department DATE: CHANGE ORDER # 1 Stormwate Management Department MAY 0 8 2001 PO. , 3 4/25/2001 Z No.._±_~.~[~__~L___ MAY 0 8 2001 pg. 2~- EXECUTIVE SUMMARY APPROVE WORK ORDER NO. WD-017 WITH FLORIDA STATE UNDERGROUND, INC. FOR THE REPAIR OF DUAL 48" CULVERTS UNDER LAKEWOOD BLVD. NEAR THE INTERSECTION OF BOCA CIEGA DRIVE, PROJECT No. 60055 OBJECTIVE: To receive the Board of County Commissioners approval of Work Order # WD- 017 for the repair of dual 48" fiberglass culverts under Lakewood Boulevard. CONSIDERATIONS: The existing 48" culvers are failing and have caused the pavement and shoulders of Lakewood Boulevard to settle. This work order is to slip line the existing pipes with minimal disruption to Lakewood boulevard. Three proposals were received, as follows: Kyle Construction $67,4OO.00 Florida State Underground $52,357.20 Mitchell & Stark $54,125.00 The work order has been prepared for Florida State Underground, Inc. for a lump sum amount of $52,357.20 .i,¢FISCAL IMPACT: Funds in the amount of $52,357.20 will come from Fund 313 Gas Taxes. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That. the Board of County Commissioners authorize the Transportation Operations Director to approve Work Order WD-017 on behalf of the Board. SUBMITTED BY: ~~"-'~ '-~/~/~~ .//' Richard J. He~lriegplxP.E., S~io.r P~fect Manager Trall.~portation Opl~rakionsJJ~ent REVIEWED BY:~ Edward J~/E/~i~'ector APPROVED BY:~epartment Norm~ Fe.der,_A.d .rn!nistrator TranSportation Division Attachment: Work Order # WD-017 RJH:rh Date: Date ~- 24 - t9 / Date MAY 0 8 2001 PROPOSAL SUBMit 1 lsd TO Trnn~.n~rt~ti~n L~,n~r~tinn~ I~'.nartml~nt STREET 2507 Horseshoe Drive South CITY, RTATE, and ZIP CODE Proposal FLORIDA STATE UNDERGROUND, INC. 4540 Domestic Ave. Naples, Florida 34'I 04 (941) 643-6449 Fax (941) 643-6891 . -' PHONE DATE R.~Q~7~'~ , A/~n//3t JOB NAME Lake wood ~ Boca Ciega Drive JOB t~OCATION ~-- : Naples DATE OF pLANS J'-~-~ ~"~ONF. 3/20/01 Naples, FI. 34104 ENGINEER We hereby submit specifications and estimates for. LABOR AND MATERIALS AS PER THE ATTACHED .... STIPULATIONS -- " . NOT IN CONTRACT: 1 .Survey 2.Soil testing WE PROPOSE hereby to furnish matedal and labor - complete in accordance with above specifications, for the sum of: Payment to be made as Follows: Dollars ($ 52,357.20~). Authorized All m~:~terial ,$ g~ar;'?teed lo be.as specified. AU work to bo completed In a w~rkmanllke manner a~oramg m .tanda,d pacticcs. A,, a,e,alion Or deviation from abc. Signature ~lions IfwoMn9 e~m cos/s w~ri ~ exec~ on~ upon wf'i~n ordain, and wi~ sm~t,-,ac¢~dent-Or dela~ ~ondour control, ~erto~r~fire, toma~and other No~e: ~hlS proposal may be withdrawn by us if Rot accepted nc~s~ry insmance. O~ workers are f~lly ~vemd ~ Wor~'a Insurance. within _ 5 _days. ACCEPTANCE OF PROPOSAL. The above prices, specif'mations and conditions am s~tisfactnry and are hereby acr-.~hted. You are authoriz:od to do the Worl( as specified. Payment ~lr be made as ou~inecf a~ove. lLDate of Acceptance: ~. Signature Signature MAT 0 8 2001 4540 Domestic ave. Neple~, ¥torida ,;34104 LAKE WOOD ~ BOCA CIEGA DRIVE Item STORM ~IP LINE 44" GROUT EXISTING PIPE ASPHALT REMOVE ASPHALT 1 LIME ROCK 8" rALLY GLq-i'EF{ SOD AND SPRJNK~LERS SUBTOTAL TOTAL j. PIPE QUANTITY PROVi_ D_ED_By COUNTY;' 3. MATINANCE OF T~AFIC ~ INc. Page 1 Tota~ ~ 100.00 12500.00 ..~4OLTC~----T-5.oo - 2'~oo. oo '~3sJsv ' ~.oo ' lO~O.OO !3,~ S_~.- '14.-'~_~ 18~-.-.-.-.-.".~- ~. ~5..4o ~o79.oo ,lJ LS_J. ,4200,00 4200.00 MAY O 8 2001 WORK ORDER # WD-017 "UNDERGROUND UTILITY CONTRACTING SERVICES" Contract #00-3087, Dated September 16, 2000 This Work Order is for General Contractor's Services, subject to the terms and conditions of the Contract referenced above, for work known as: Project: # 60055 - Lakewood Boulevard / Boca Cieqa Drive - Slip line the existinq dual 48" fiberglass culverts. The work is specified in the proposal dated March 30, 2001 from Florida State Underground, Inc. which is attached hereto and made part of this Work Order. In accordance with terms and conditions of the Agreement referenced above, Work Order # WD-017 is assigned to Florida State Underground, Inc. Scope of Work: Task h Slip line existing dual 48" fiberglass culverts, grout between new and old pipes and replace asphalt pavement where required. Contractor to follow all Maintenance of Traffic (MOT) guidelines in accordance with the contract. Schedule of Work: Complete within 2.~5 Calendar days. Compensation: In accordance with Item 4 of the Agreement, the County will compensate the Firm in accordance with the negotiated lump sum amount provided in the schedule below. Task l $52,357.25 Total Fee $52,357.25 Any change made subsequent to final department approval will be considered an additional service and charged according to an executed Change Order as enumerated in Exhibit D of the Agreement.~ Prepared By: ~~ -'~/~.~.~...~/ Richard J. Hellriegel, P.E., Sr. PM Approved By: Edward J. Kant, P.E., Transportation Operations Director Date Approved as to Form and Assistant Co,.u,fft'y Attorney ACCEPTED BY: : Name of F~-~ ATTEST: Note: BCC needs to authorize the dollar amount and request that BCC to ~thorj~.t~e_/ Transportation Operations Director to execute the Work Order as part of y~r E~t~ 200~ Summary. EXECUTIVE SUMMARY ADOPT A RESOLUTION TO CORRECT A SCRIVENER'S ERROR IN RESOLUTION NO. 2001-46, WHICH AUTHORIZED THE CONDEMNATION OF RIGHT-OF-WAY FOR LIVINGSTON ROAD FROM GOLDEN GATE PARKWAY TO PINE RIDGE ROAD (C.I.E. NO. 52). OBJECTIVE: Adopt a Resolution to correct a scrivener's error in Resolution No. 2001-46, which authorized the condemnation of right-of-way for the construction of Livingston Road from Golden Gate parkway to Pine Ridge Road. CONSIDERATION: On February 13, 2001, the Board of County Commissioners adopted Resolution No. 2001-46 authorizing the condemnation of right-of-way for the construction of Livingston Road from Golden Gate Parkway to Pine Ridge Road. A scrivener's error has been identified in Exhibit "A" (Page 19 of 67) to Resolution No. 2001-46. Rather than correctly describing Project Parcel No. 167 as, "The West 30 feet of the North One-Half of the North One-Half of Section 19, Township 49 South, Range 26 East, Collier County, Florida," as identified on the accompanying sketch of legal description (Pages 17 and 18 of 67, Exhibit "A"), Project Parcel No. 167 was instead incorrectly described as, "The West 30 feet of the North One-Half of Section 19, Township 49 South, Range 26 East, Collier County, Florida." Adoption of this resolution will have no other effect on the authorization given by Resolution No. 2001-46; but to clarify the record as to the correct exhibit. FISCAL IMPACT: The impact is the same as described in the executive summary introducing Resolution No. 2001-46. No additional funds are re, quired. GROWTH MANAGEMENT: The impact is the same as described in the executive summary introducing Resolution No. 2001-46. RECOMMENDATION: That the Bj3ard of County Commissioners adopt the attached Resolution to correct a scrivener's.~C~r on page 19 of 67, Exhibit "A" to Resolution No. 2001- ~r~ Kelvin ~~ ~igh.t-of-W~ay ~ nd Valuati°n u°°rainat°r '~ha~les Ca~'ringt~n, F~'al ~opedy Management Director Ste~ Mille~P~., Transpodation Engineering Director HAY 0 8 2001 pg. Page 1 of 1 hendricks_k From: ashton_h Sent: Wednesday, April 18, 2001 9:38 AM To: hendricks_k Subject: RE: Livingston Road Phase II - Parcel 167 Legal Description I think we can process it as a scrivenor's error and I will amend the petition in eminent domain to reflect the change. I believe the scrivenor's error is corrected by adopting a resolution pertaining only to the legal in error. I will amend the petition after the board adopts the resolution concerning the scrivenor's error. ..... Original Message ..... From: hendricks_k Sent: Tuesday, April :[7, 2001 2:09 PH To: ashton_h Cc: mott_t Subject: Livingston Road Phase IT -- Parcel 167 Legal Description Just a reminder to investigate our options for dealing with the scrivenor's error in the legal description for Parcel 167. If possibble I'd prefer to not have to prepare a new resolution. ( ! already have more than enough resolutions and executive summaries that ]: must prepare on an ASAP basis.) 04/19/200 MAY 0 8 2001 Pg. ~ 1 2 3 4 5 6 7 9 lO RESOLUTION NO. 2001- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TO CORRECT A SCRIVENER'S ERROR IN RESOLUTION NO. 2001-46, AUTHORIZING CONDEM/NATION OF RIGHT- OF-WAY FOR LIVINGSTON ROAD FROM GOLDEN GATE PARKWAY TO PINE RIDGE ROAD, (C.I.E. NO. 52). WHEREAS, the Board of County Commissioners of Collier County, Florida, adopted 11 Resolution No. 2001-46 on February 13, 2001, upon presentation of Item 8 (B) 1 of the agenda, which 12 authorized the condemnation of right-of-way for Livingston Road from Golden Gate Parkway to Pine 13 Ridge Road; and 14 I5 16 17 18 19 2o 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 WItEREAS, the legal description for Parcel 167, contained in composite Exhibit "A" (Page 19 of 67) has been found to contain a scrivener's error insofar as the property intended to be described and which, in fact appears on the sketch of description (Exhibit "A," Pages 17 and 18 of 67), is the West 30 feet of the North one-half of the North one-half of Section 19, Township 49 South, Range 26 East, rather than the West 30 feet of the entire North one-half of Section 19, Township 49 South, Range 26 East; and WltEREAS, this scrivener's error does not affect the validity of the Board's authorization to condemn the property required for the construction of Livingston Road as given by Resolution No. 2001-46; and WHEREAS, the area of Project Parcel No. 167 remains unchangedat 0.91 acres, more or less, as set forth on Exhibit "A" (Page 19 of 67); and WHEREAS, it is the Board's desire to clarify the record by correcting this error. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: The legal description of the Road Right-of-Way, Drainage Utility and Maintenance Easement identified as Project Parcel No. 167 (Pages 17, 18 and 19 of 67, composite Exhibit "A" to Resolution No. 2001-46), Project No. 60071 (Livingston Road from Golden Gate Parkway to Pine Ridge Road), is the West 30 feet of the North one-half of the North one-half of Section 19, Words underlined are additions, wonl~ _o~_.ek -~--eugk are deletions. MAY O 8 2001 38 39--- Township 49 South, Range 26 East, Collier County, Florida, containing 0.91 acres, more or less. 41 Nothing contained herein shall affect the operation of Resolution No. 2001-46, but rather 42 Resolution No. 2001-46 shall remain in full force and effect as of the date of its adoption, February 13, 43 2001. ADOPTED this ~ day of ,2001 after motion, second and majority vote favoring adoption. 44 45 46 47 48 49 50 51 52 53 '54 55 56 57 58 59 60 61 62 ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: By:. Deputy Clerk JAMES D. CARTER, Ph.D., CHAIRMAN Approved as to form and legal sufficiency: Heidi F. Ashton Assistant County Attorney Words underlined are additions, wordc g-*-2~-k *-~-'~'-'gh am deletions. A~ N M .... "AY 8-20m| EXECUTIVE SUMMARY AWARD CONTRACTS # 01-3184 "CEI SERVICES" FOR COLLIER COUNTY ROAD PROJECTS TO NINE FIRMS OBJECTIVE: To receive the Board's approval for award of professional Construction, Engineering and Inspection (CEI) services contracts to nine firms. CONSIDERATIONS: On March 13, 2001, the Board approved Agenda Item No. (16) (B) (2) authorizing staff to begin contract negotiations with the top ranked firms for professional CEI Services for Collier County road projects. Contract negotiations have been successfully completed by staff. All firms have agreed to a standardized fee schedule for their services which staff believes will provide the opportunity for an equitable and fair distribution of work. Following is a list of the firms: (in no order) 1. ConsuI-Tech Engineering 2. PBS & J 3. WilsonMiller 4. Hole Montes 5. AIM Engineering 6. HDR Construction Control 7. KCCS 8. Johnson Engineering 9. Barraco & Associates co lSCAL IMPACT: The funding for each work order that is assigned under the approved ntracts will come from each user department. GROWT]:[ MANAGEMENT IMPACT: While these contracts have no direct Growth Management Impact, they are consistent with the County's long-term growth plans. RECOMMENDATION: That the Board of County Commissioners (1) award a professional services agreement to the nine firms and (2) authorize the Chairman of the Board to sign the standard County Attorney approved agreements. SUBMITTED BY: ~'~7~~ Date: Mitch Riley, .P E., Sr. ProjecT~anager Transportation Engineering & Construction Management Department REVIEWED BY: ~:~'~'"" ~'' ~"<'~'""~ Date: ~/'~ Stephen Miller, P.E., Director Transpo~ation Engineering & Construction Management Depa~ment APPROVED BY: Steve ~rn611, ~irector ~. ~~rvices Department ~ Date: ~f~/~ Fed/er, AICP, Transportation Division Administra{or ~ EXECUTIVE SUMMARY APPROVE WORK ORDER NO. WD-018 WITH KYLE CONSTRUCTION REPLACEMENT OF A 36" STORMWATER CULVERT ON SAN MARCO ROAD (C.R. 92), PROJECT No. 60059 FOR THE OBJECTIVE: To receive the Board of County Commissioners approval of Work Order # WD- 018 for the replacement ora 36" stormwater culvert on San Marco Rd. (C.R. 92). CONSIDERATIONS: The existing 36" CMP (corrugated metal pipe) stormwater culvert which runs from San Marco Rd. to the Shenandoah Waterway, between residences # 1165 & # 1185, has failed and needs to be replaced. This work order utilizes the annual contract for Underground Utility Contracting Services, Contract # 00-3087. Three proposals were received, as follows: Kyle Construction $54,300.00 Florida State Underground I Mitchell & Stark $61,362.50 [ $176,900.00 The work order has been prepared for Kyle Construction for a lump sum amount of $54,300.00 FISCAL IMPACT: Funds in the amount of $55,000.00 will be transferred from the CR 29 ,~,~(US41 to Chokoloskee) Project #61012. Source of funds are Gas Taxes. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners authorize the Transportation Operations Director to approve Work Order WD-018 on behalf of the Board and approve the necessary budget amendments. SUBMITTED BY: //~~ ~4~A~? Date: Richard J. Hellriegel, P.E., Senior ProjecfManager Transp ation erations Department REVIEWED BY: ~~'¢~r Date Edw//rd]. Kant, P.E., Di ector Tra{tspp/]:tation_ Operations Department APPROVED BY: ¢~~. '~-- Date Norman Feder, Administrator Tr~sportation Division Attachment: Work Order # WD-018 RJH:rh KYLE CONSTRUCTION, 3636 PROSPECT AVE, NAPLES, FL 34104 PROPOSAL DATE 03/29/2001 NAME/ADDRESS COLLIER COUNTY GOVERNMENT ATTN: RICHARD HELLRIEGEL, PE PROJECT MARCO ISLAND ITEM DESCRIPTION QTY UNIT RATE TOTAL 1 ILS 54,300.00 54,300.00 REPLACE EXISTING 150' OF 36" CMP \VITH 29x45 CLASS IV ELIPTICAL KYLE CONST [NC PROPOSES TO CRUSH EXISTING PIPE IN PLACE AND BR[NG[NG TO NEW PIPE GRADE WITH #57 ROCK. ALL SPRINKLER & SOD REPLACEMENT IS INCLUDED. 'o8 zoq Total $54,300.00 WORK ORDER # WD-018 "UNDERGROUND UTILITY CONTRACTING SERVICES" - Contract #00-3087, Dated September 16, 2000 This Work Order is for General Contractor's Services, subject to the terms and conditions ot the Contract referenced above, for work known as: Project: San Marco Culvert Replacement - Replace existing failed 36" CMP culvert between lots # 1165 & 1185 on Marco Island. The work is specified in the proposal dated March 29, 2001 from Kyle Construction which is attached hereto and made part of this Work Order. In accordance with terms and conditions of the Agreement referenced above, Work Order # WD-018 is assigned to Kyle Construction. .Scope of Work: Task I: Replace the existing 150 LF of 36" CMP culvert, which runs between lots 1165 & 1185 from San Marco Rd. to the seawall, with a HERCP Class IV 29"x45" pipe. The existing pipe is to be abandoned (grouted or crushed and filled with stone). All sprinklers and sod to be replaced as necessary. Contractor to follow all Maintenance of Traffic (MOT) guidelines in accordance with the contract. Schedule of Work: Complete within 31:) Calendar days. Compensation: In accordance with Item 4 of the Agreement, the County will compensate the Firm in accordance with the negotiated lump sum amount provided in the schedule below. Task l $54,300.00 Total Fee $54,300.00 Any change made subsequent to final department approval will be considered an additional service and charged according to an executed Change Order as enumerated in Exhibit D of the Agreement. Richard J. Hellriegel, P.E., Sr. PM / Date Approved By: Edward J. Kant, P.E., Transportation Operations Director Date Approved as to Form and Le~cy: ssi'stan~' Co u,..m~) Attorney ATTEST: (Corpor/~te Secretary) Type Name and':Fitle ACCEPTED BY. Name of Signature Z.~/~~.~_.~_~ ~a horize the Transportation Operations Director to execute the Work Order as part of fur I~Y~L0iSe2[~0I Summary. EXECUTIVE SUMMARY APPROVE WORK ORDER NO. WD-019 WITH KYLE CONSTRUCTION FOR THE REPLACEMENT OF TRIPLE 36" AND DUAL 48" STORMWATER CULVERTS UNDER BURNING TREE DRIVE, PROJECT No. 60046 OBJECTIVE: To receive the Board of County Commissioners approval of Work Order # WD- 019 for the replacement of triple 36" and dual 48" stormwater culverts under Burning Tree Road. CONSIDERATIONS: The existing 36" and 48" culverts have failed and have caused the pavement and shoulders of Burning Tree Drive to settle. This work order is to replace the existing corrugated metal pipes with reinforced concrete pipes of the same dimensions. Three proposals were received, as follows: Kyle Construction $93,800.00 Florida State Underground $127,475.18 Mitchell & Stark $157,250.00 The work order has been prepared for Kyle Construction for a lump sum amount of $93,800.00 (FISCAL IMPACT: Funds in the amount of $93,800.00 will come from Fund 313 Gas Taxes. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners authorize Transportation Operations Director to approve Work Order WD-019 on behalf of the Board. Richard~ Hellriegel, P.E.,/~enior~roject0~anager Trangl~ ~tion Ope~n~ ~P)ffment Edward J. Kant,c~.,J0irector Trans rtation O ions Department Norman Feder, Administrator REVIEWED BY: APPROVED BY: Tr~sportation Division Attachment: Work Order # WD-019 RJH:rh the Date ~- 2~- ~J j Date t AG~ID& IT.F.,M No. MAY 0.8 2001 pg. KYLE CONSTRUCTION, 3636 PROSPECT AVE, NAPLES, FL 34104 NAME/ADDRESS COLLIER COUNTY GOVERNMENT ATTN: RICHARD HELLRIEGEL, PE PROPOSAL DATE 03~29~200 PROJECT 'i ' BURNING TREE DRIVE I ITEM DESCRIPTION QTY UNiT RATE TOTAL 1 ILS 93,800.00 93,800.00 REPLACE 50' OF TRIPLE BARREL 36" CMP WITH RCP CLASS IV, REBUILD RIP RAP HEADWALL, REPAVE, REMOVE 360' OF 48" DOUBLE BAKREL CMP & REPLACE WITH RCP CLASS IV ON BURNING TREE DRIVE. ,lAY 0 8 20~ Total $93,800.00 WORK ORDER # WD-019 "UNDERGROUND UTILITY CONTRACTING SERVICES" Contract #00-3087, Dated September 16, 2000 This Work Order is for general contracting services, subject to the terms and conditions of ti', Contract referenced above, for Work known as: PROJECT: Burning Tree Ddve - Replace triple barrel 36" CMP and dual 48" CMP with RCP Class IV pipe. The work is specified in the proposal dated March 29, 2001 from Kyle Construction which is attached hereto and made apart of this Work Order. In accordance with Terms and Conditions of the Agreement referenced above, Work Order Cf WD-019 is assigned to Kyle Construction. Scope: Task I: Replace the existing triple barrel 36" CMP and the dual 48" CMP with RCP class IV pipe. Rebuild the riprap headwall and repave the disturbed portion of the asphalt roadway. Contractor to follow all Maintenance of Traffic (MOT) guidelines in accordance with the contract. Schedule of Work: Complete within 6._0_0 Calendar days. Compensation: In accordance with Item 4 of the Agreement, the County will compensate the Firm in accordance with the negotiated lump sum amount provided in the schedule below. Task I $93,800.00 TOTAL FEE $93,800.00 Any change made subsequent to final department approval will be considered an additions service and charged according to an executed Change Order as enumerated in Exhibit D o the Agreement. Richard J. Hellriegel, P.E., Sr. PM Date Approved By: Edward J. Kant, P.E., Transportation Operations Director Date Approved as to Form and Leg~iency: Assistant ~'"~unty Attorney ATTEST: (Co rpora.,te Secretary) ..~ Type Name and Title ACCEPTED BY: Name of Firm "--"'~lg n a~ re Note: BCC needs to authorize the dollar amount and request that BCC to ak~th~lR~ Summary.Transportation Operations Director to execute the Work Order as part of yo EXECUTIVE SUMMARY AWARD A PROFESSIONAL ENGINEERING SERVICES CONTRACT # 01-3195 TO CH2MHILL, INC. FOR THE DESIGN AND PERMITTING OF VANDERBILT BEACH ROAD. COLLIER COUNTY PROJECT NO. 63051, CIE NO. 24 OBJECTIVE: To receive the Boards' approval for award of a professional engineering services contract to CH2MHilI, Inc. for the design of Vanderbilt Beach Road widening project; from Airport-Pulling Road to Collier Boulevard (formerly called CR 951). CONSIDERATIONS: On March 27, 2001, the Board approved Agenda Item No. (16) (B) (3) authorizing staff to begin contract negotiations with the top ranked firm of CH2MHILL, Inc. for professional engineering services (design and permitting) of the Vanderbilt Beach Road widening from Airport-Pulling Road to Collier Boulevard (formerly called CR 951). Contract negotiations have been successfully completed by staff, the original price proposal submitted by the firm was $1,874,959 and the final negotiated price is $1,399,378 which is $475,581 less.  FISCAL IMPACT: The estimated cost of this contract is $1,399,378.00 and is budgeted within the Road Construction Gas Tax Fund (313). Source of Funds will be Gas Taxes. GROWTH MANAGEMENT IMPACT: This Capital Improvement project is consistent with the Capital Improvement Element of the Growth Management Plan. CIE No. 24 RECOMMENDATION: That the Board of County Commissioners (1) award a professional services agreement to CH2MHILL, Inc. in the amount of $1,399,378.00 and (2) authorize the Chairman of the Boa~e standard, County Attorney approved agreement. SUBMITTED BY: /,,,- -- -~----~]'~"~'--"~'~ Date: SUBMITTED BY: REVIEWED BY: A. Nyankadau Korti, M.B.A., Project Manager Transportation Engineering & Construction Management Department Mitch Riley, P.E., Sr. Project~r Transportation Engineering & Construction Management Department Stephen Miller, P.E., Director Transportation Engineering & Construction Management Department _~ve ~,rl"ell: Director / APPROVED BY: ~~--~ uate: , / an Feder,'AICP, Transpo~at~on D~ws~on ' ' ' ' ~ ' ' .dm,.,stra' EXECUTIVE SUMMARY APPROVAL OF A BUDGET AMENDMENT FOR LANDSCAPE SERVICES AND MEDIAN BEAUTIFICATION PROJECTS. OBJECTIVE: To recognize unspent funds from FY 99/00 as carry forward in FY 00/01 for the Unincorporated MSTD General Fund (111) for landscape improvements and request additional funding based on actual project costs. CONSIDERATION: During the FY 00/01 budget process, Road Construction District 2, 3 and 5 Funds (103), (104) and (106) were combined into the MSTD General Fund (111). There were unspent funds in the amount $1,714,500 from FY 99/00 in the three. road construction district funds. These funds must be recognized as additional carry- forward in the MSTD General Fund (111) for projects budgeted in FY 99/00, but not completed, and for additional landscape projects. The three combined funds (103,104 and 106) included several projects that had been budgeted for both capital and maintenance requirements. There were, however, funds not encumbered at the end of the fiscal year for both roadway paving and landscape capital projects. The landscape capital projects that were not begun included: Goodlette-Frank Road from Solana Road to Pine ridge Road (Project No. 60095). This project was to have had matching funds from adjacent landowners; however, the funds were not secured. In addition, the four-lane improvements to Goodlette-Frank Road from Pine Ridge Road north to Vanderbilt Beach Road (Project No. 60134) will be commencing in just over one year. These improvements will also include some work south of the Pine Ridge Road intersection and staff does not recommend re-budgeting for landscape improvements in this segment until the completion of the four-lane improvement project. The US 41 East landscaping projects (Projects Nos. 60038 and 60039) were anticipated to have begun sooner that the actual start date. In addition, the bids for these projects totaled about $85,700 more than originally estimated. The maintenance period was also anticipated to have been for almost a full year. As a result, the funds budgeted for both construction and maintenance have been camed forward. US 41 North landscaping (Project No. 60096) was originally anticipated to have been constructed in FY 99/00. It was delayed as a consequence of FDOT design and permitting requirements and a last-minute change in irrigation needs. M. Y 0 8 2001 Executive summary Recognize Carry-forward from Funds 103,104 and 106 to Fund 111 Page 2 of 3 There was a small amount of roadway paving (overlay) funds left in Funds 103,104,106. This money will be needed to make up a small short-fall in this year's paving program (47th Avenue NE off of Everglades Blvd.). There are two specific projects that will utilize a portion of this carry-forward: US 41 East - Phase A; 47th Avenue NE paving. The balance of the carry-forward funds are requested to cover cost increases on existing projects and for several new projects that have akeady received Board approval earlier this fiscal year. Specifically, the funds are requested for: The remaining 700' of landscaping on Davis Boulevard to the east of County Barn Road. 2. Increases in bid prices for US 41 East - Phases A and B. Davis Boulevard - Phase II refurbishment increase due to increased scope of work found to be necessary. Originally, this project was anticipated to involve only the replacement of irrigation and sod; however, upon further study, it has been determined that some tree re-location and plant material replacement and enhancement will be necessary. Further, the cost and quantity of mulch has increased. US 41 North landscaping costs have increased as a result of revised FDOT curbing requirements and additional soil replacement costs. Loan to the proposed Vanderbilt Beach MSTU recently approved by the Board. This loan will be repaid from MSTU revenues once the MSTU is established; however, current maintenance costs must be covered. o Funding for added landscaping has been requested for several Neighborhood Traffic Management Projects (NTMP). Specifically, neighborhood access along US 41 East and within the Bayshore Redevelopment Overlay Area. FISCAL IMPACT: The total amount of unencumbered and unspent funds for landscaping and paving for fiscal year 99/00 is $1,714,500. This sum includes $295,500 in Construction District 2 Fund (103); $1,365,900 in Construction District 3 Fund (104); $53,100 in Construction District 5 Fund (106). A budget amendment will be needed to recognize this carry-forward in the amount into the MSTD General Fund (111). MAY O 8 2001 Pg. ~ Executive summary Recognize Carry-forward from Funds 103,104 and 106 to Fund 111 Page 3 of 3 The distribution of the carry-forward funds will be as follows: Project Funds Requested US 41 East -Phase A ** $652,000 Paving Program * * $35,000 700' of Davis Boulevard $125,000 US 41 East (Phase A and B cost increase) $85,700 Davis Boulevard Refurbishment $315,000 US 41 North $175,000 Vanderbilt Beach MSTU $100,000 NTMP Project Landscaping $200,000 Balance to Fund 111 Reserves $26,800 Total: $1,714,500 ** The US 41 East project was originally budgeted in FY 99/00 and was not started until FY 00/01 as a result of late completion of construction by FDOT. The paving request is needed to cover an overrun in asphalt materials costs. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board approve a budget amendment recognizing Fiscal Year 99/00 carry-forward from Road Construction D)~trict Funds (103, 104 and 106) to the MSTD G~d (111) for~ted for paving and landscape projects. ~f_~~, ~d~ Date: PREPARED BY: Ed~O?J. Ka~:lt~ ~t~x"ansportation Ope_rations Director REVIEWED BY: .:'~ ~ate: Pamela Lulich, Ld55~ CL-'~dscape Operations Manager./ / "' REVIEWED BY: Date: Ar~hony Gambin~o, Office of Management and Budget APPROVED BY: ~~~ Date: i3~"q, ff-Ll~orman E. F~der, AC, Transportation Administrator/ '/ AGEND~ ITEM MAY 0 8 2001 Pg. EXECUTIVE SUMMARY APPROVE THE STIPULATED FINAL JUDGMENT RELATIVE TO THE EASEMENT ACQUISITION OF PARCEL 31lB IN THE LAWSUIT ENTITLED COLLIER COUNTY V. EDITH BALORAS, ET AL., (GOLDEN GATE BOULEVARD, PROJECT NO. 63041) OBJECTIVE: That the Board of County Commissioners approve the Stipulated Final Judgment as full and final compensation to be paid for the acquisition of the easement designated as Parcel 31lB for the Golden Gate Boulevard project in the lawsuit entitled Collier County v. Edith Baloras, et al., Case No. 00-1979-CA. CONSIDERATIONS: On September 12, 2000, an Order of Taking was entered in Collier County Cimuit Court regarding the acquisition of easements for the Golden Gate Boulevard project (Project No. 63041). On October 2, 2000, Collier County deposited with the Registry of the Court the sum of $600.00 for Parcel 31 lB in accordance with the Order of Taking. Through negotiations, the parties have reached a settlement agreement whereby the property owner, Ann T. Frank, will be fully and fairly compensated for the property interests taken for the public purposes enumerated in the resolution of condemnation (Resolution No. 99-290). The terms of the settlement agreement are set out in the Stipulated Final Judgment (attached as Exhibit "1"). The Stipulated Final Judgment provides for $2,100.00 to be paid to the Respondent as full compensation for the property rights taken as to Parcel 31 lB, and $500.00 to be paid to Charles R. Forman, Esq. as attorney fees. The Stipulated Final Judgment provides that Collier County shall deposit the additional amount of $2,000.00 with the Registry of the Court. Staff has reviewed the County's obligations stated in the Stipulated Final Judgment and consider them to be reasonable. FISCAL IMPACT: Funds in the amount of $2,000.00 are available in the road construction gas tax funds. Source of funds are gas taxes. GROWTH MANAGEMENT IMPACT: Consistent with the Collier County Growth Management Plan for CIE Project No. 53. RECOMMENDATION: That the Board of County Commissioners: 1. approve the Stipulated Final Judgment; 1 AC, EN MAY 0 8 2001 o approve the expenditure of the funds as stated; and direct staff to deposit the sum of $2000.00 into the Registry of the Court. SUBMITTED BY: Heidi F. Ashton Assistant County Attorney Date: REVIEWED BY: A. N. Korti, Project Manager Transportation Engineering & Construction Management Date: REVIEWED BY: Mitch Riley, P.E., Sr. Project Manager Transportation Engineering & Construction Management Date: REVIEWED BY: Steve Miller, P.E., Director Transportation Engineering & Construction Management Date: REVIEWED BY: Transportation~Divisio~t/ Date: APPROVED BY: David C. Weigel County Attorney Date: h:LitXEmDomXBaloras~ExSum-311B SFJ 2 AGF. NDAITEI~ -. NO. ~ MAY 0 8 2001 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Petitioner, VS. EDITH BALORAS, et al., Respondents. CASE NO. 00-1979-CA CIVIL ACTION PARCEL: 31 lB / STIPULATED FINAL JUDGMENT THIS CAUSE having come before the Court upon Joint Motion made by Petitioner, by and through its undersigned counsel, and Respondent, ANN T. FRANK, by and through her undersigned counsel, for entry of a Stipulated Final Judgment as to Parcel No. 31 lB, and it appearing to the Court that the parties are authorized to make such Motion, the Court finding that the compensation to be paid by Petitioner is the full compensation due the Respondent, ANN T. FRANK, and the Court being otherwise fully advised in the premises thereof, it is thereupon ORDERED AND ADJUDGED that Respondent, ANN T. FRANK, have and recover from Petitioner, COLLIER COUNTY, FLORIDA, the sum of Two Thousand One Hundred and No/100 Dollars ($2,100.00) for Parcel No. 31 lB as full payment for the property interests taken and for damages resulting to the remainder, if less than the entire property was taken, business damages, and for all other damages in connection with said parcel; it is further ORDERED that Resp6ndent, ANN T. FRANK, receive from Petitioner as a reasonable attorney fee the sum of Five Hundred and No/100 Dollars ($500.00) pursuant to Section 73.092(1), Florida Statuies. Respondent may also be entitled to reasonable attorney's fees and costs for apportionment proceedings pursuant to Section 73.091 (2), Florida Statutes. AGENDA I:TE~ no. / MAY O 8 2001 ORDERED that Petitioner shall deposit an additional Two Thousand and No/100 Dollars ($2,000.00) subject to'approval of the Board of County Commissioners within thirty (30) days of the date of this Stipulated Final Judgment; and it is further ORDERED that the Court rese.rves jurisdiction to apportion the award of Two Thousand One Hundred and No/100 Dollars ($2,100.00) pending further order of this Court; and it is further ORDERED that the Clerk shall disburse the total amount of Five ltundred and No/100 Dollars ($500.00), being the Respondent's reasonable attorney fees, to Charles R. Foreman, Esq., FORMAN, KREHL 8,: MONTGOMERY, P.O. Box 159, Ocala, FL 34478-0159; and it is further ORDERED that title to Parcel No. 31 lB, drainage, utility and maintenance easement, being fully described in Exhibit "A" attached hereto and incorporated herein, and the deposit of money heretofore made, is approved, ratified, and confirmed; it is further ORDERED that the Notice of Lis Pendens filed in the above-styled cause and recorded in Official Record Book 2684, Page 1026, of the Public Records of Collier County, Florida be dismissed as to Parcel No. 31 lB; it is therefor DONE AND ORDERED in Chambers at Naples, Collier County, Florida, this day of ,2001. conformed copies to: Heidi F. Ashton, Assistant County Attorney Charles R. Foreman, Es,ct. Collier County Tax Collector All Persons Listed on Attached Service List Bookkeeping Ted Brousseau Circuit Court Judge AGENDA I,TEM , NO. ~ MAY 0 8 2001 JOINT MOTION FOR STIPULATED FINAL JUDGMENT The Parties hereby stipulate and respectfully request this Court to enter the foregoing Stipulated Final Judgment as to Parcel 31 lB. Dated: F6REMA~,-ESQ. Florida Bar No. 229253 FOREMAN, KREHL & MONTGOMIERY P.O. Box 159 Ocala, FL 34478-0159 (352) 732-3915 - Phone (352) 351-1690 - Facsimile Attorney for Respondem Dated: ar. mi F.-~,~TO~, ESQUn~E Florida Bar No. 0966770 Assistant County Attorney 3301 East Tamiami Trail, 8th Floor Naples, Florida 34112 (941) 774-8400 - Phone (941) 774-0225 - Facsimile Attorney for Petitioner MAY 0 8 2001 SERVICE LIST Parcel 31lB Randy E. Merrill, Esq. 4501 N. Tamiami Trail, Suite 208 Naples, FL 34103 The Tile Man, Inc. Gerardo Salvia, Registered Agent 303 Airport Road Naples, FL 34104 Internal Revenue Service Donna A. Bucella, Esq. U.S. Attorney Park Tower, Suite 3200 400 N. Tampa Street Tampa, FL 33602 Internal Revenue Service c/o Janet Reno, Esq. U.S. Attorney General Main Justice Building, Room 511 Tenth & Constitution Avenue Washington, DC 20530 Mary Lou Beagle 298 Monterey Drive Naples, FL 34119 Laura Grady, Individually and as Guardian And Custodian for Wellington Kelly Grady 9973 Boca Circle Naples, FL 34109 Nancy Guisto 5677 Heron Lane, #102 Naples, FL 34110 Barley's Superstore, Inc. Charles L. Barley, Registered Agent 6300 Taylor Road Naples, FL 34109 Leasing Technology, Inc. Jack Furhman, Registered Agent Bank Atlantic 1750 E. Sunrise Blvd. Ft. Lauderdale, FL 33304 Scotty' s, Inc. c/o Joey Patten, Registered Agent 5300 Recker Highway Winter Haven, FL 33882 Senco of Florida, Inc., a Division of Nicor Products, Inc., a Florida corporation c/o C T Corporation System, Registered Agent 1200 South Pine Island Road Plantation, FL 33324 Sears, Roebuck & Co. c/o C T Corporation System, Registered Agent 1200 South Pine Island Road Plantation, FL 33324 James R. Tindall 305 Neptune Bight Naples, FL 34103 Avondale Federal Savings Bank 900 S. Frontage Road, #120 Woodridge, IL 60517 Chase Manhattan Mortgage Corp. c/o C T Corporation System, Registered Agent 1200 South Pine Island Road Plantation, FL 33324 CSR Rinker Materials CorP. George W. Linley, Registered Agent Rinker Materials Corporation 1501 Belvedere Road W. Palm Beach, FL 33406 The Palatka Daily News, Inc., D/b/a Marco Island Eagle United States Corporation Registered Agent 1201 Hays Street, Suite 10 Tallahassee, FL 32301 Wesco Distribution, Inc. MAY 0 8 2001 c/o C T Corporation System, Registered Agent 1200 South Pine Island Road Plantation, FL 33324 Indian Creek Associates, Ltd. Thomas D. Murray,-Registered Agent 2640 Golden Gate Pkwy, Suite 102 Naples, FL 33942 Naples Marble Co., Inc. n/k/a Alpaca of Naples Corp. c/o Mack W. Payne, Registered Agent 2860 66t~ Street SW Naples, FL 34104 Brinker Brown Fastener & Supply, Inc. c/o Jeffrey Brown, Registered Agent 11351 Metro Parkway Fort Myers, FL 33912 Gulf Coast Landscape Supply, Inc. c/o John A. Danks, Registered Agent 5000 Davis Boulevard Naples, FL 34104 Avatar Properties, Inc. f/k/a GAC Properties f/k/a Gulf American Corporation f/k/a gulf American Land Corp. c/o Juanita I. Kerrigan, Registered Agent 201 Alhambra Circle, 12tl~ Floor Coral Gables, FL 33134 J. H. Newcomer 174 S. Collier Boulevard Marco Island, FL 34145 Frank A. Szot, P.A., Defined Benefit Pension Plan & Trust by Frank A. Szot, Trustee 630 Fountainhead Way Naples, FL 34103 Collier County Tax Collector c/o Vincent Murphy, Esq. MURPHY LAW FIRM 3785 North Airport Road Naples, FL 34105 Interiors Cultured Marble, Inc. c/o David J. Ayotte, Registered Agent 1734 Trade Center Way Naples, FL 34109 Gorman Company 3989 Prospect Avenue Naples, FL 34104 Dreamscape Homes, Inc., a Florida corp. Paul M. Acosta, Registered Agent 2124 Airport Road S. Naples, FL 34112 Anthony J. & Margaret F. Catena 1940 Hillside Drive Columbus, OH 43221 Brenda Krakosta Address Unknown Sunniland Corporation Delbert Abney, Registered Agent Hwy 17-92 & S.R. 419 Sanford, FL 32771 Naples Lumber & Supply Co., Inc. Ronald J. Labbe, Registered Agent 3828 Radio Road Naples, FL 34104 State of Florida, Dept. of Labor c/o Eric R. Hurst, Esq. Hartman Bldg., Suite 307 2012 Capitol Circle, SE Tallahassee, FL 32399-2189 Kelly Tractor Co., a Florida corp. c/o Rachel A. Camber, Esq. HALEY, SINAGRA & PEREZ, P.A. 100 S. Biscayne Blvd., Suke 800 Miami, FL 33131 ' Ralph Garofolo 7340 Glenmoor Lane, #204 Naples, FL 34104 Community Bank of Naples, N.A. 5150 Tamiami Trail N. Naples, FL 34101-3009 Roberta Fitzgerald 114 Candy Lane Lima, OH 45805 MAY 0 8 2001 lag. _~ 2 P:ROJECT NO. ' .,,-~q41 PROJECT PARCEL NO. 311 B LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) The North 15 feet of the South 65 feet of the East 165 feet of Tract 36, Golden Gate Estates Unit No. 11, as recorded In Plat Book 4, Page 103 of the Public Records of Collier County, Florida. WEST PROPERTY LINE NORTH PROPERTY LINE 1§5 FEET EAST PROPERTY LINE 15 FOOT DRAINAGE, UTILITY / AND MAINTENANCE EASEMENT EXISTING RJW LINE ' / ..... ......'":"-'::"-':i'-':=:'-':' SOUTH PROPERTY LINE t MAY 0 8 2001 SCALE: 1 inch = 100 feel Pg. Coiner C~t)' Rmml Property I~nmgernent Drupelet 06/25/98 12:50 P!' EXECUTIVE SUMMARY APPROVE PETITION TM 01-01 FOR THE NEIGHBORHOOD TRAFFIC MANAGEMENT PROGRAM PROJECT (NTMP) ON 32sr~ AVENUE SW BETWEEN 54th LANE SW AND 44th STREET SW. OBJECTIVE: To obtain Board approval allowing traffic calming devices to be installed on 32no Avenue SW between 54th Lane and 44th Street SW (Attachment No. 1 & 2). CONSIDERATIONS: The residents of 32nd Avenue SW submitted petitions to the Transportation Operations Department requesting traffic calming on their street. Workshops were held and a traffic team was organized in accordance with the policy and procedure guidelines for the Neighborhood Traffic Management Program (NTMP). Staff performed required traffic studies and the resulting data meets necessary criteria for traffic calming. Letter of "No Objection" (Attachment No. 3) has been received from Emergency Services. Fire and Rescue has objections to the installation of Speed Humps at this location.  FISCAL IMPACT: The estimated cost for this project is $21,000.00 for the project. Funds are available in the Road & Bridge Gas Tax Fund 313. GROWTH MANAGEMENT IMPACT: There will be no Growth Management Impact. RECOMMENDATION: That the Board approve the requested Neighborhood Traffic Management Petition TM 01-01 for installation of traffic calming devices on 32"a Avenue SW between 54th Lane SW and 44th Street SW. SUBMITTED BY: ~fl'~~¢~,~2..~ DATE: Gera.~orrisdlSroj ect.~,Manager' NTMP REVIEWED BY: /[~""~ 7~/~; DATE:  J. Hellrie~ge,[1, P..~pC~oject Manager REVIEWED BY: ~---~ ~/~ [~~r/ DATE: Ed~, ~sportation Operations Director APPROVED BY: DATE: Norm/(~ E. Feder, AICP, Transportation Administrator / AG~ND~ ITI~M MAY 0 8 200! J~L~ YNVOIdO~/ 'M'S qNV'l HJ.t:,g 0 0 [ '-IVNVO t::JZlM 0-1_4, Nns 'M'SJ_g]~/_LS HJ_l~lz '~'S 3NY-I HLgt, 'M'S J.33~LLS H. LL~ LLI 'AA'S 3OYN;~3J. H. LZ.~ ~'~ ~'~ 'v' N¥OldOal/ ATTACHMENT NO. 3 IPAGE OF Memorandum To: From: Date: Subject: Gerald Morris Project Manager I Diane B. Flagg, Chief Emergency Services Department February 13, 2001 32"D Avenue SW and 54th Lane SW Traffic Calming Thank you for your correspondence regarding the proposed traffic calming techniques for the 32"d Avenue SW and 54th Lane SW neighborhood. The Emergency Medical Services Department does not object to installation of these speed humps, however it should be understood that the speed humps may have an impact on the emergency services response time. If I may offer any additional information, please do not hesitate to contact my office. Emergency Services Division MAY 0 8 2001 Pg. EXECUTIVE SUMMARY APPROVE WORK ORDER FOR UNDERGROUND SERVICES FOR THE NORTH COUNTY WATER SEPTAGE RECEIVING STATION, PROJECT 73067 UTILITY CONTRACTING RECLAMATION FACILITY OBJECTIVE: To provide a more efficient, odor-controlled means of receiving and handling septage at the North County Water Reclamation Facility (NCWRF). CONSIDERATIONS: The existing septage receiving and handling system at the NCWRF uses an open mechanical screen system. The result of this method of discharge is strong hydrogen sulfide odors emanating in and around the system. In addition, billing is currently done on a per truckload basis. The new system will utilize a closed pipe method to reduce odors and an automated billing system to generate accurate billing reports, with less operator effort. Staff has solicited and received three proposals under the annual underground Utility contracting services agreement as follows: D.N. Higgins, Inc. $169,230 Mitchell & Stark Construction Company, Inc. $243,900 Kyle Construction, Inc. No Bid Upon review of the bids, it was discovered that D.N. Higgins inadvertently omitted instrumentation and controls work from their proposal. Therefore, the low responsive, responsible proposal is from Mitchell & Stark Construction Company, Inc., in the amount of $243,900. Both staff and our consultants, Hazen & Sawyer, recommend award to them. FISCAL IMPACT: Funds in the amount of $243,900 are available in project 73067, NCWRF Septage Receiving Station. The source of funds is User Fees. GROWTH MANAGEMENT IMPACT: This project will have no impact on growth management. RECOMMENDATIONS: That the Board of County Commissioners, as Ex-officio the Governing Board of the Collier County Water-Sewer District, approve and authorize the Public Utilities Engineering Director to sign Work Order PUED-MS-31 to Mitchell & Stark Construction Company, Inc., for underground utility contracting services for the NCWRF Septage Receiving Station, project 73067. HAY 0 8 2001 Executive Summary Approve Work Order Page 2 PREPARED BY: REVIEWED BY: REVIEWED BY: APPROVED BY: Peter Schalt, PMP, Project Manager Public Utilities Engineering Department ~ . DATE: Karl W. Boyer, P.E., Senior Project Manager Public Utilities Engineering Department Jo p~~hCheatham, Director Wastewater Department Public Utilities Division DATE: DATE: NA~' 0 8 2001 WORK ORDER # PUED-MS-31 "UNDERGROUND UTILITY CONTRACTING SERVICES" Contract #00-3087, Dated October 10, 2000 Work Order is for Underground Utility Contractors Services, subject to the terms ~Sconditions of the Contract referenced above, for work known as: Project: NCWRF Septage Receiving Station The work is specified in the proposal dated April 16, 2001 from Mitchell & Stark ConstructiOn Company, Inc. which is attached hereto and made part of this Work · .. - Order. In accordance with terms and conditions of the Agreement referenced above, Work Order # PUED-MS-31 is assigned to Mitchell & Stark Construction Co., Inc. Scope of Work: Task h Provide material, labor, equipment and supervision to perform the NCWRF Septage Receiving Station project complete and ready for service per the schedule shown below and in the bidding documents. Schedule of Work: Substantially complete and ready for beneficial use by Owner no later than 180 days from Notice To Proceed and finally complete no later than 210 days from Notice To Proceed. Compensation: In accordance with Item 4 of the Agreement, the County will compensate the Firm in accordance with the negotiated lump sum amount provided in the schedule below. Task I: $ 243,900.00 Total $ 243,900.00 (Lump Sum) Any change made subsequent to final department approval will be considered an additional service and charged according to an executed Change Order as enumerated in Exhibit D of the Agreement. PREPARED BY: F~ :~-~ ~'/l(~lO' Peter Schalt, PMP, Project Manager Date Public Utilities ~Department APPROVED BY: o ep~h B. g '~"-)0 '0 t J Cheatham, Wastewater Director Date APPROVED BY: Karl W, Boyer, P.E., Intedm Director Public Utilities Engineering Department Approved as to Form and Legal Sufficiency: ACCEPTED BY: Date /' / MAY 0 8 2001 HAZEN AND SAWYER Environmental Engineers & Scientists Hazen and Sawyer, P,C 2101 Corporate Bird Boca Raton, FL 33431 561 997-8O7O Fax: 561 997-8159 Apdl 17, 2001 - Hand Delivered - Mr. Pete Schalt COLLIER COUNTY PUBLIC UTILITIES ENGINEERING 3301 Tamiami Trail East, Building H Naples, Flodda 34112 Collier NCWRF 5-MGD Expansion Septage Receiving Station Dear Pete: We have reviewed the three cost proposals for cons~ction of the NCWRF Septage Receiving Station, which are as follows: · D.N. Higgins, Inc $169,230 · Mitchell & Stark Construction Co. Inc. $243,900 · Kyle Construction, Inc. no bid As a result of conversations with D.N. Higgins, it has become apparent that they omitted the instrumentation and control work from their proposal. Therefore, we recommend award of this project to Mitchell & Stark Construction Co., Inc., which is the responsive, responsible bid. Please call me if you have any questions. Very truly yours, HAZEN AND SAWYER, P.C. I~urt A. Pfeifer, P.E. Project Manager C~ Pete Schalt Albert Muniz File 4772- 7.1.2 MITCHELL & STARK CONSTcI~_I~~CO., INC. LICENSED GENERAL CONTRACTO~BLoc ,U~IL~IIES O!V~ION 6001 SHIRLEY STREET NAPLES, FLORIDA 34109-6202 O] APR 16 AH I0; 38 PH: 941-597-2165 FAX: 941-566-7865 Public Utilities Engineering Department Collier County Government Complex 3301 Tamiami Trail East, Bldg. H Naples, FL 34112 Attn: Mr. Pete Schalt, P.E April 16, 2OO 1 Re: NCRWRF Septage Receiving Station Dear Mr. Schalt' We are pleased to offer the following quotation for furnishing and installing the Septage Receiving Station at the North County Regional Water Reclamation Facility as requested and described in the Contract Requirements, Volumes 1 and 2, including addendum 1. Our price includes the equipment described in those documents and excludes the specification sections that were not provided or excluded by addendum 1. The reinforced concrete structure, septage pump, grinder, piping, valving, electrical and controls can be furnished and installed for $243,900.00. Our price includes the asphalt pavement restoration and miscellaneous metals shown in Volume 2 of the Contract Requirements. Please do not hesitate to contact us with any questions or comments.. Sincerely, Mitchell & Stark Construction Company, Inc. AN EQUAL OPPORTUNITY EMPLOYER ,o. lC, C_, HAY 0 8 200 ln COLLIER COUNTY I I PUBLIC UTILITIES SUI~ A SUITE 1 ANN ARBOR, MI 4~10~ NAPLES, FL ~112 (~) ~ (~1) W4-31~ F~ (~) ~ F~ (~1) W~ Ap~I 16, ~001 Peter Schalt, PMP Project Manager Public Utilities Engr. Dept. Naples, FL 34112 Phone: 530-5343 RE: NCWRF Septage Receiving Station Dear Peter, We are pleased to quote the construction as detailed in the drawings and specifications for the NCWRF Septage Receiving Station. We will supply all material, labor & equipment complete to finish the project. We will complete the project for the lump sum price of $169,230.00. Please give me a call with any questions. (941) 774-3130 Sincerely, DOUGLAS N. HIGGINS, INC. Project Manager - E.E.O. MAY 0 8 2001 PG.~_ J Ma~ ~7 01 10:37a KYLE COMSTRUCTIOM IMC 9416434678 p.1 03-28-2007 407:25 KYLE CONSTRUCTION, INC 3636 P'ROSPECT AVE.. NAPLES, FL 3Zl.:tO4~,(gq~l)CZl. 3-7059,,F~x.~643.4679 March 27, 2001 Collier County Government 3301 Tamiami Trail East Bldg H Naples, FL 34112 At-tn: Peter Schalt, PMP, Project Man. Project: NCWRF Septage Receiving Station Dear Mr. Schalt: Thank you for the opportunity to bid the above referenced project, but at this time I am submitting a "No Bid" response. / Sincerely/ .,~., ~/ /?/ ~arle~. Abraham Vice President MAY 0 8 2001 EXECUTIVE SUMMARY APPROVE THE STIPULATED FINAL JUDGMENT RELATIVE TO THE CONDEMNATION OF PARCEL NOS. 910 & 911 IN THE LAWSUIT STYLED COLLIER COUNTY V. WILLIAM KINSLEY, ET AL., CASE NO. 96-1315-CA OBJECTIVE: That the Board of County Commissioners approve the Stipulated Final Judgment as full and final compensation to be paid for the condemnation of Parcels Nos. 910 & 911 in Collier County v. William Kinsley, et al., Case No. 96-1315-CA. CONSIDERATIONS: On June 17, 1996, an Order of Taking was entered in by the Circuit Court as to Parcels 910 and 911 (utility easements), and on July 9, 1996, the good faith estimate of value of $400 for these parcels was deposited into the Court registry, thereby vesting title in these parcels in Collier County. The Board previously approved the making of an Offer of Judgment to the property owner in the amount of $1,100.00 and the necessary budget amendment on August 1, 2000. Through negotiations, the parties have reached a settlement agreement whereby the property owner, H.A. Street, has agreed to accept the sum of $1.,.100.00 as full compensation for the property interests taken as to Parcels 910 and 911, which includes the good faith estimate of value previously deposited by the County. The terms of the settlement agreement are set out in the Stipulated Final Judgment (attached as Exhibit "1"). The Stipulated Final Judgment provides that Collier County shall deposit the additional amount of $700.00 with the Registry of the Court. Staff has reviewed the County's obligations stated in the Stipulated Final Judgment and consider them to be reasonable. FISCAL IMPACT: A budget amendment is needed to transfer $700 from Water Capital Reserves and appropriate in project 70828. Source of funds is User Fees. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners: approve the Stipulated Final Judgment; approve the required $700.00 budget amendment; AGENDA ITEM t,:,','.' O 8 2001 Pg. approve the expenditure of the funds as stated; and direct staffto deposit the sum of $700.00 into the Registry of the Court. Assistant County Attorney Peter Schalt, Proj. Mgr. III Public Utilities Engineering REVIEWED BY:Jim ud~d, Public Utilities Administrator APPROVED BY: ~~7~ ~ David C. Weigel County Attorney Date: H 'xpub c~l t gation\eminenldomamm~isc~kmslev'xexsummSFK 910&91 I 2 OGE D^rr HAY 0 8 2001 P~. ~ IN THE CH1CUIT COURT OF THE TWENTIETH JUDICIAL CIRCUi~'FT0o~ ,~, IN AND FOR COLLI]gR COUNTY, FLORIDA ...~n CIVIL ACTION :" ..... COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, and THE COLLIER COUNTY WATER-SEWER DISTRICT, EXHIBIT Plaintiffs, VS. WILLIAM A. K/NSLEY, et al., Defendants. / STIPULATED FINAL JUDGMENT Case No. 96-1315-Ce~ Parcel Nos. 910 & 9 1 THIS CAUSE having come before the Court upon Joint Motion made b~°Petitioner, by and through its undersigned counsel, and Respondent, H.A. STREET, for entry of a Stipulated Final Judgment as to Parcel Nos. 910 and 911, and it appearing to the Court that the parties are authorized to make such Motion, .the Court finding that the compensation to be paid by Petitioner is the full comPensation due the Respondent, H.A. STREET, and the Court being otherwise fully advised in the premises thereof, it is thereupon ORDERED AND ADJUDGED that Respondent, H.A. STREET, have and recover from Petitioner, COLLIER COI.~Y, FLORIDA, the sum of Eleven Hundred and No/100 Dollars ($1,100.00) for Parcel Nos. 910 and 911 as full payment for the property interests taken and for damages resulting to the remainder, if less than the entire property was taken, business damages, and for all other damages in connection with said parcel which sum shall include the good faith estimate of value of $400 previously deposited by the Petitioner; it is further ORDERED that no attorneys fees or other costs shall be awarded in connection with the above cause of action as it relates to Parcel Nos. 910 and 911; it is further MAY 0 8 2001 ORDERED that Petitioner shall deposit an additional Seven Hundred and No/100 Dollars ($700.00) subject to approval of the Board of County Commissioners within thirty (30) days of the date of this Stipulated Final Judgment; it is further ORDERED that the Clerk of this Court shall disburse the total amount of Eleven Hundred and No/100 Dollars ($1,100.00) to Respondent, H.A. STREET, 12628 Hunters Lake Court, Bonita Springs, Florida 34135-3400, less any amounts previously paid for the benefit of Respondent, H.A. STREET; it is further ORDERED that disbursement to Respondent, H.A. STREET, is subject to any claims of mortgagees; it is further ORDERED that title to Parcel Nos. 910 and 911, a utility easement, being fully described in Exhibit "A" attached hereto and incorporated herein, which vested in Petitioner pursuant to the Order of Taking dated June 17, 1996, and the deposit of money heretofore made, are approved, ratified, and confirmed; it is further ORDERED that the Notice of Lis Pendens filed in the above-styled cause and recorded in Official Record Book 2166, Page 717 of the Public Records of Collier County, Florida be dismissed as to Parcel Nos. 910 and 911; and it is further ORDERED that this Stipulated Final Judgment is to be recorded in the Official Records of Collier County, Florida; it is therefore  NE AND ORDERED in Chambers at Naples, Collier County, Florida, this ~ day Circuit Court Judge -/' H.A. Street rm I Dq,,n~£ Brc~.C'~e'~ofC.~'tsinar~forO441erOoum¥. ~ · ~r~/c~'li~/~ I~e &tn)ye ,n~te'n4~ ia a tr~e ~nd correct conformed copiesto: ~. ~ whicl~ is on ~ in my oflic® in th~ courthouse in N4~1 Ellen T. Chadwell, Assistant County Attorney ~ ~. rlona MAY 0 8 2001 Pg. q "' JOINT MOTION FOR STIPULATED FINAL JLTDGM~NT The Parties hereby stipulate and respectfully request this Court to enter the foregoing Stipulated Final Judgment as to Parcel Nos. 910 and 911. 12628 Hunters Lake Court Bonita Springs, Florida 34135 ELLEN T. CIIADWELL, ESQ. Florida Bar No. 0983860 Assistant County Attorney 3301 East Tamiami Trail, 8~ Floor Naples, Florida 34112 (941) 774-8400 - Phone (941) 774-0225 - Facsimile Attorney for Collier County CERTIFICATE OF SERVICE I ItEREBY CERTIFY that a true and correct copy of the foregoing was served upon H. A. Street, 12628 Hunters Lake Court, Bonita Springs, Florida 34135 on thisc~ day of March, 2001 by regular U. S. Mail. ELLEN T. CHADWELL, ESQ. AGENDA NO. [~, MA'; 0 8 2001 Pg. S ~lF. FOLLO~I~ DESCRIBED PROPERTY IS TO P~- AO]ULRED PAE~. NO.: 911 36915160009 DESCRIPTION OF PROPOSED COUNTY UTILITY EASEMENT A PRdPOSED COUNTY UTILITY EASEMENT OVER, UNDER AND ACROSS ALL THAT PART OF TRACT 80, UNIT 7, GOLDEN GATE ESTATES, PLAT BOOK 4, PAGE 95, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; THE NORTHERLY 25.00 FEET OF SAID TRACT 80; c, oY P. IAOA~ " P.L.$. 4390 ' I NORTHERLY 2.5' pRoPOSED couNTY UTILITY EASEMENT GOLDEN GATE ESTATES- UNIT 7 TRACT 80 NOT A SURVEY or: COLLIER COUNTY, FLOR/DA Iproject: NCRWTP J/tELL EXPANSION itle: _~ SKETCH ,~ DESCRIPTION OF PROPOSED UTILITY EASEMENT ' GOLDEN GATE ESTA~.~ IJNIT NO~ ~ TRACT 80 -'~, . I AeI~OA~j~. I JJi.~G.ou J ~' IZ~ LL~_ J ....IJ~ARB~:R ~ , , .... 2001 J scale: uti BIB IBUW'~ I · liBRIUm ....J".l:bRu.o^c..~ · J ~., 9 j "-- PrOJlllJo%t&l tlIJIttllFI, pl&llt~erl', & Jlli~ I~tJt¥o£1 J date: JULY 20, I995 project n,.o.: 7086 book: page: acad: 516.t-80 tech: 7086 lq3L~O: 36913120009 EXHIBIT 910 DESCRIPTION OF PROPOSED COUNTY UTILITY EASEMENT A PROPOSED COUNTY UTILITY EASEMENT OVER, UNDER AND ACROSS ALL THAT PART OF TRACT 49, UNIT 7, GOLDEN GATE ESTATES, PLAT BOOK 4, PAGE 95, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; THE NORTHERLY 25.00 FEET OF SAID TRACT 49; CONTAIN~G 0.3,~ ,OF AN ACRE OF LAND MORE OR LESS; SUBJEC~.O EI~EI~NTS AND RESTRICTIONS OF RECORD. GuY P. IADA~ '" P.L.S. 25' pROPOSED COUNTY UTILITY EASEMENT 661.03 661.0.t ,_ GOLDEN GA TE ES TA TES UNIT 7 TRACT 49 NOT A SURVgY or: COLLIER COUNTY, FLORIDA tproject: NCRWTP t W~LL EXPANSION :itie: SKETCH 4, DESCRIPTION OF PROPOSED UTILITY EASEMENT GOLDEN GATE ESTA1T_q flNIT N~. 7 TRACT 49 IIIamll · I ACd~IDA m,,,mm date: v:,',' o8 200, Ullmmmll 1 · ...III~RUI~DAC;~...=. / Pg. b, I Prutesuion&l et~ine,r~, planneru. & land survd~ors '' ' I {-ro'ect Lee ~o~m~t lelia lOt. II{:O Bemlr7 Bi, eel.. J'oet Myees. ~ S~I, OI (041)ast-atlt / rmo:: 7t")RR ! tech: 7086 EXECUTIVE SUMMARY APPROVE WORK ORDER GH-FT-01-! WITH GREELEY AND HANSEN, LLP, TO UPDATE THE WATER AND WASTEWATER MASTER PLANS, PROJECTS 70070 AND 73066. OBJECTIVE: Address infrastructure needed to support growth patterns in Collier County and requirements to meet the FDEP Consent Order for the North County Water Reclamation Facility (NCWRF) by updating the current water and wastewater master plans. CONSIDERATION: The current water and wastewater master plans, last updated in 1996 with revisions made in 1998 and 2000, identify infrastructure needed to meet growth anticipated through 2006. Staff had budgeted in FY01 for acomplete update of both the water and wastewater master plans. Staff proposes to update both our current water and wastewater master plans to reflect growth anticipated in the entire County and to also meet the NCWRF FDEP Consent Order requirements. The scope of work includes revisiting the entire water and wastewater infrastructure needs and evaluating the feasibility of extending water and wastewater service. Critical milestones for completion of the master plans are as follows: September 28, 2001 - Submit 2001 Wastewater Master Plan to FDEP in support of SRF loan application. October 1, 2001- Submit 2001 Wastewater Master Plan as mandated by the April 10, 2001 Consent Order for the NCWRF. Staff has negotiated a scope of work and fees under our Annual Fixed Term Utilities Engineering Services Contract 00-3119 with Greeley and Hansen LLP. Proposed fees for the Work Order GH-FT-01-1 attached are summarized as follows: 2001 Water Master 2001 Wastewater Plan Update Master Plan Update Work Order Fees $269,940 $279,960 This is the first work order issued under the new Annual Utilities Engineering Services Contract with Greeley and Hansen LLP, the first consultant to be issued a work order. HAY 0 8 2001 Executive Summary Approve Work Order GH-FT-01-1 for 2001 Water and Wastewater Master Plan Updates Page 2 of 2 FISCAL IMPACT: Funds are available in both Water and Wastewater Capital Projects. Source of funds is impact fees. GROWTH MANAGEMENT IMPACT: Growth projections in Collier County will be revisited. Changes to the current capital improvement program will be identified. A revised capital improvement program will be developed and become the basis for funding projects with impact fees. RECOMMENDATIONS: Staff recommends that the Board of County Commissioners, as the Ex-Officio governing board of the Collier County Water-Sewer District, approve Work Order #GH-FT-01-1, and authorize the Public Utilities Administrator to execute this work order after County Attorney approval. PREPARED BY: Mohan V. Thampi, P.E., Project Manager Public Utilities Engineering Department REVIEWED BY' ~ ~~7._ --Date' Karl W. Boyer, P.E., Interim Director Public Utilities Engineering Department Ja~V. Mudd, P.E., Admirhstrato Public Utilities Division Date: Attachment: Work Order #GH-FT-01-1 with scope of work dated April 24, 2001 from Greeley and Hansen LLP. MVT:mvt for Manatee and Sarasota Counties. There are common elements to the 2001 Water and Wastewater Master Plan Updates that will be coordinated and meshed as the plans are developed. The population forecasts (and resulting wastewater flows and water demands) that will be utilized for both master plans will be developed as an initial task under the 2001 Wastewater Master Plan Update. Development of the future water supply and demand under the 2001 Water Master Plan Update will also be directly related to the reuse planning developed under the 2001 Wastewater Master Plan update. Outputs from both master plans will include development of 5- and 20-year CIP schedules. These schedules will be utilized for our assistance with your development of the ongoing impact fee and rate studies. A breakdown of the fees for each master plan is attached with the enclosed scope of services. The 2001 Wastewater Master Plan Update fees are $279,960.00 and the 2001 Water Master Plan Update fees are $269,940.00. Fifteen copies of each plan will be provided to the County. We look forward to assisting you with these critical projects. Yours very truly, GREELEY AND HANSEN Roger S. Howell, P.E. ! HAY 082001 GFIEEL. E¥ EXHIBIT A Part 1 COLLIER COUNTY GOVERNMENT PUBLIC UTILITIES ENGINEERING DEPARTMENT Work Order # GH-FT-01-1 2001 Wastewater Master Plan Update Scope of Services Greeley and Hansen LLP April 24, 2001 Greeley and Hansen LLP, herein referred to as ENGINEER, shall perform engineering services for Collier County, herein referred to as COUNTY, associated with the development and preparation of the 2001 Wastewater Master Plan Update, herein referred to as the PROJECT, for COUNTY. This work order shall be completed in accordance with the terms of Contract 00- 3119, herein referred to as CONTRACT. The deliverables for the PROJECT shall include a 5-year Capital Improvement Program (CIP) and an updated version of the Collier County 201 Facilities Plan Update, dated July 1997, with subsequent revisions. The 2001 Wastewater Master Plan Update shall support institutional changes and additional property acquisitions for major wastewater facilities. The first major goal of the PROJECT is to develop a strategic county-wide plan that will guide implementation of a cost-effective, reliable, integrated wastewater system (specifically consisting of management of wastewater, effluent disposal, reuse and biosolids) that meets the needs of COUNTY through the year 2021. A second major goal of the PROJECT is to provide the documentation to support State Revolving Fund (SRF) low interest loan applications to fund construction of proposed wastewater projects. A third major goal of the PROJECT is to provide an updated C[P schedule to support the wastewater rate and impact fee studies. Hydraulic modeling results will be included with the master plan update. Hydraulic modeling will be performed using KYPIPE2000. ENGINEER shall be responsible for preparation of the completed PROJECT. Certain tasks for development of the PROJECT will be prepared by subconsultants. Tasks to be completed by subconsultants are identified below. Costs for coordination and management of the subconsultants are included in this work order. A cost allowance for subconsultant services is also included in this work order. The biosolids plan is currently being prepared by another consultant. Development of the biosolids plan will be coordinated and integrated with the PROJECT. Monthly partial payments for the lump sum services for Tasks 1 and 2 will be invoiced based on the percentage of services completed. Payment for Task 3 services will be invoiced based on no. II~ ~ 04/27/01 VOTEJCIA.doc p~. ~ time and materials in accordance with CONTRACT hourly rates and invoices received from subconsultants. The schedule for completion of each task is shown at the end of the task description. Completion dates are based on a starting date of May 8, 2001. TASK 1 - INITIAL PLANNING SERVICES TASK 1.1 - COLLECT AND REVIEW EXISTING DATA Collect and review existing data, including 201 Facility Plan Update (July 1997), Draft Wastewater Master Plan Revision (October 2000), Effluent Resource Management Plan, Water Master Plan Update (October 1996), Urban Area Buildout Plan, Community Character Master Plan, Board-adopted policies, solid waste plans, hydrogeological studies, population projections, census data, wastewater flow and operational data, previous SRF loan applications, consent order, septic tank regulations, Capital Improvement Plan (CIP) information (including road projects), Growth Management Plan, the draft biosolids management plan, information on current and forecasted projects and other information relevant to the PROJECT. TASK 1.2 - ESTABLISH BASES OF PLAN Establish fundamental PROJECT goals and constraints, including the PROJECT approval process, service area boundaries, annexation/acquisition issues, wet weather issues, septic tank policies, reuse policies and other criteria that will impact PROJECT. Meet with COUNTY up to two times to agree on PROJECT goals and constraints. Prepare and submit summary of PROJECT goals and constraints. TARGET COMPLETION DATE: May 22, 2001 TASK 1.3 - UPDATE POPULATION AND FLOW FORECASTS Update county-wide population forecasts. Estimate range of water and wastewater flows from existing and future service areas based on data obtained in Tasks 1.1 and 1.2. Prepare spreadsheets to document and summarize populations and flows through year 2021. TARGET COMPLETION DATE: June 8, 2001 TASK 1.4 - DEVELOP BASE MAPS FOR PLANNING Develop base planning maps for COUNTY showing (on separate layers) roadways, limits of existing water and wastewater service areas, traffic analysis zones, planning boundaries, existing treatment facility locations, proposed road projects, pipeline locations, biosolids application sites, golf courses, major parks, utility corridors, and similar information. Include population and water and wastewater flow information with the map. VOTEJCIA.doc Page 2 of 7 MAY eg o O01 PG. 7 TARGET COMPLETION DATE: June 22, 2001 TASK 1.5 - ESTABLISH DECISION MODEL FOR COMPARISON OF ALTERNATWES Develop a decision model in conjunction with COUNTY to establish the relative weight of various factors impacting the selection of alternative projects. Criteria in the decision model may include cost, reliability, permitability, customer satisfaction, impact on rates, resource conservation, and others. Establish goals for future service. Attend a meeting with COUNTY to provide a weighting system for each criteria. TARGET COMPLETION DATE: June 29, 2001 LUMP SUM AMOUNT FOR TASK 1: $41,080 TASK 2 - WASTEWATER MASTER PLAN UPDATE TASK 2.1 - DEVELOP REGIONAL TREATMENT PLANT CAPACITIES Develop county-wide regional treatment plant capacities. Forecast when regional plants need to be expanded and whether new regional plants need to be constructed based on: · Projected flows developed in Task 1.3. · Effluent disposal and reuse issues. · Economic analysis of operation, maintenance and capital costs · Site specific issues at both existing treatment plants · Fate of existing non-regional treatment plants. Prepare summaries of flows by service area and required treatment capacities for the North County Water Reclamation Facility (NCWRF) and South County Water Reclamation Facility (SCWRF). Subconsultants will be utilized for site-specific issues at both existing treatment facilities to assist in identifying logical expansion flow increments, levels of treatment, effluent disposal requirements and limitations and ultimate site capacities. Perform investigation of existing non-regional treatment plants to determine when flows should be diverted to regional treatment plants or if these plants should become regional treatment plants. Prepare a summary which documents the recommended regional treatment plant capacities and treatment requirements. TARGET COMPLETION DATE: July 27, 2001 TASK 2.2 - TRANSMISSION SYSTEM ANALYSIS Develop a county-wide layout plan for future force mains and associated master pumping station network linking existing and future service areas to regional treatment plants. Update the existing KYPIPE force main network model to KYPIPE2000 and to include current projects, projects that have been constructed since the model was last updated in 2000, and future projects. I ' AG£ND~ NO. /[/: ~ ~ Page $ of ? ¥OTEJC]A.doc PIA~4/O,~6 2001 PG. I~ Use the model to size future force mains. Prepare model outputs for average and peak flow conditions at 5-year increments for service areas tributary to each regional treatment plant, not to exceed twenty total outputs. Prepare a graphical county-wide summary showing year 2021 wastewater treatment plant, pumping station and force main facilities. Utilize subconsultant services for the hydraulic model update and model runs. TARGET COMPLETION DATE: July 27, 2001 TASK 2.3 - EFFLUENT MANAGEMENT ANALYSIS Provide an update to the Effluent Resources Management Plan. Task 2.3.1 - Review Current Effluent Management Strategies Summarize current practices and protocols for effluent management and disposal, including reuse of reclaimed water, supplemental irrigation water supply, reject water disposal and Aquifer Storage and Recovery (ASR). Determine issues regarding lawn irrigation and watering restrictions in conjunction with the Water Master Plan Update. Evaluate the existing reclaimed water infrastructure, operation and deficiencies. The evaluation shall be based on review of record drawings and operational data, existing hydraulic modeling, and discussions with COUNTY personnel. Output of this task shall be a study memorandum summarizing the findings regarding existing strategies and infrastructure limitations. TARGET COMPLETION DATE: June 29, 2001 Task 2.3.2 - Develop Future Effluent Management Strategies Develop up to three effluent management alternatives for consideration by COUNTY. Alternatives shall be developed in conjunction with the 2001 Water Master Plan Update and hydrogeological studies. Identify options associated with applicable effluent disposal systems currently or potentially used by COUNTY, consisting of reuse, surface water discharge, deep well injection and aquifer storage and recovery (ASR). Coordinate the impact of water withdrawal limitations recently incorporated into Water Use Permits of certain golf courses by SFWMD on anticipated needs from these users. This effort shall include review of a sample Water Use Permit and a meeting with COUNTY and District representatives to assess the long-term impact of such restrictions on the development of the County-wide reuse water system. This task provides services for the evaluation of existing reuse customers, identification of additional reuse opportunities, and development of planning information for implementation of the regional transmission system required to provide reclaimed water services for 2006 and 2021 projected conditions. Attend a meeting with COUNTY to discuss the alternative effluent management alternatives. The output of this task shall be a study memorandum summarizing the alternative strategies for future effluent management. VOTEJCIA.doc Page 4 of 7 TARGET COMPLETION DATE: July 27, 2001 Task 2.3.3 - Compare Alternative Effluent Management Projects ENGINEER shall compare alternatives established in Task 2.3.3 as follows: · Establish system design and operating parameters to be used for planning of the reclaimed water transmission system. Parameters to be considered consist of flows and water quality from regional WRF's, supply and demand patterns, user peaking factors, delivery conditions, storage and back-up water supplies. · Evaluate typical COUNTY reclaimed water application rates in comparison to other Florida reclaimed water systems and make recommendations on application rates to be used for the Reuse Master Plan. Update concepts for County-wide reclaimed water transmission facilities. Discuss the general implementation approach with COUNTY prior to proceeding with facility planning. Update the implementation plan for the expansion of the reclaimed water transmission and effluent management system to meet COUNTY needs. The implementation plan shall address 2006 and 2021 facilities. The implementation plan shall include maps of the reclaimed water service areas and schematics of the major transmission facilities. Perform a hydraulic evaluation of the existing and proposed County-wide reclaimed water transmission system and make recommendations on configuration, sizing, and general routing of the reclaimed water transmission system. The services do not include easement evaluation. The hydraulic evaluation will be prepared by a subconsultant. Update plannirig level construction cost estimates for the proposed facilities. Update recommended use of reclaimed water: golf courses versus single family residential. Update timeline for specific future customers and reclaimed water demand. Identify supplemental water issues. Identify wet season storage requirements using surface water ASR. Identify recommended general locations for supplemental water sources, storage and pumping facilities. VOTEJCIA.doc Page 5 of 7 · Identify reject water disposal needs. · Apply decision model developed in Task 1.5 to compare altemative projects. · Participate in up to two meetings with COUNTY to discuss the status of this task. · the findings of this task and Prepare a study memorandum summarizing recommending an effluent disposal strategy. TARGET COMPLETION DATE: August 10, 2001 TASK 2.4 - DEVELOP WASTEWATER CIP SCHEDULE Develop 5-year and 20-year CIP schedule and budgets sequencing capital improvements identified in Tasks 2.1, 2.2 and 2.3. CIP schedules and budgets shall include planning, engineering and construction costs. Outputs from the CIP schedule will be utilized to develop the water and wastewater rate studies and the impact fee study. TARGET COMPLETION DATE: August 17, 2001 TASK 2.5 - PREPARE WASTEWATER MASTER PLAN'UPDATE Prepare an update to the 1997 201 Facilities Plan Update. The updated plan will provide the basis for SRF loan applications for wastewater projects. The updated plan will consist of the following sections: Section 1 - Executive Summary Section 2 - Introduction Section 3 - Current Situation Section 4 - Future Conditions Section 5 - Wastewater Management Alternatives Section 6 - Plan Selection Section 7 - Description of Selected Plan Section 8 - Implementation Plan Appendices will be included in the master plan update as appropriate. Submit 15 copies of the updated master plan to the COUNTY. TARGE~ COMPLETION DATE: September 14, 2001 VOTEJCIA.doc Page 6 of 7 2001 TASK 2.6 - MEETINGS Services shall include up to 12 semi-monthly project coordination meetings to coordinate with ongoing COUNTY projects and present preliminary outputs. Up to 12 meetings to be attended by COUNTY staff and other consultants. The final plan will be presented at a public hearing for adoption by the Board of County Commissioners. Other specific coordination meetings will be held with other COUNTY representatives as necessary to understand other on-going and planned COUNTY activities that will be impacted by the PROJECT. LUMP SUM AMOUNT FOR TASK 2:$125,120 TASK 3- ADDITIONAL SERVICES ALLOWANCE Provide additional services for development of the 2001 Wastewater Master Plan Update. This task is planned to be performed mainly by subconsultants. The additional services allowance of up to $113,760 is for the sub-tasks described above, consisting of wastewater transmission system hydraulic modeling, reuse system hydraulic modeling and site specific issues at both treatment facilities, including identifying logical expansion flow increments, levels of treatment, effluent disposal requirements and limitations and ultimate site capacities. It is planned to utilize subconsultants to assist in meeting the schedule constraints' associated with the impact fee study and the FDEP consent order. If it becomes apparent that the utilization of subconsultants is a hindrance to the scheduled completion of these sub-tasks, these sub-tasks may be performed by Greeley and Hansen LLP. Additional services under this work order will be provided up to the limits shown below. Additional work orders will be required to perform services beyond the limits shown below. TIME AND MATERIALS ALLOWANCE FOR TASK 3: $113,760 VOTEJCIA.doc Page 7 of 7 PIM = 8 2001 PG. /~ EXHIBIT A Part 2 COLLIER COUNTY GOVERNMENT PUBLIC UTILITIES ENGINEERING DEPARTMENT Work Order #GH-FT-01-1 2001 Water Master Plan Update Scope of Services Greeley and Hansen LLP April 24, 2001 Greeley and Hansen LLP, herein referred to as ENGINEER, shall perform engineering services for Collier County, herein referred to as COUNTY, associated with the development and preparation of the 2001 Water Master Plan Update, herein referred to as the PROJECT, for COUNTY. This work order shall be completed in accordance with the terms of Contract 00- 3119, herein referred to as CONTRACT. The deliverables for the PROJECT shall include a 5-year Capital Improvement Program (C2) and an updated version of the Collier County Water Master Plan Update, dated September 1996, with subsequent revisions. The 2001 Water Master Plan Update shall support institutional changes and additional property acquisition for major water facilities. The first major goal of the PROJECT is to develop a strategic county-wide plan that will guide implementation of a cost- effective, reliable, integrated water system (consisting of elements of source, supply, treatment, transmission and demand) that meets the needs of the COUNTY through year 2021. A second major goal is to provide an updated CIP schedule to support the water rate and impact fee studies. Hydraulic modeling results will be included with the master plan update. Hydraulic modeling will be performed using KYPIPE2000. ENGINEER shall be responsible for preparation of the completed PROJECT. Certain tasks for development of the PROJECT will be prepared by subconsultants. Tasks to be completed by subconsultants are identified below. Costs for coordination and management of the subconsultants are included in this work order. A cost allowance for subconsultant services is also included in this work order. The PROJECT is being completed in parallel with the Wastewater Master Plan Update, that is under separate contract. It is intended that information being developed for wastewater planning, such as population and flows, will be used as the basis for the PROJECT. The population data and corresponding water demands will be integrated into the PROJECT as necessary for the water service area. VOTEJCGQ.doc Page I of 7 Monthly partial payments for the lump sum services for Tasks 1 and 2 will be invoiced based on percentage complete. Payment for Task 3 services will be invoiced based on time and materials in accordance with CONTRACT hourly rates and invoices received from subconsultants The schedule for completion of each task is shown at the end of the task description. Completion dates are based on a starting date of May 8, 2001. TASK 1 - INITIAL PLANNING SERVICES TASK 1.1 - COLLECT AND REVIEW EXISTING DATA Collect and review existing data, including Water Master Plan Update (September 1996), Urban Area Buildout Plan, Community Character Master Plan, Board-adopted policies, hydrogeological studies, Capital Improvement Plan (CIP) information (including road projects), Growth Management Plan, information on current and forecasted projects, water demands, water system operating data, and other information relevant to the PROJECT. TASK 1.2 - ESTABLISH BASES OF PLAN Establish fundamental PROJECT goals and constraints, including the PROJECT approval process, service area boundaries, annexation/acquisition issues, source water limitations, reuse policies and other criteria that will impact PROJECT. Meet with COUNTY up to two times to agree on PROJECT goals and constraints. Prepare and submit summary of PROJECT goals and constraints. This task is to be completed in parallel with the equivalent task under the 2001 Wastewater Master Plan Update. TARGET COMPLETION DATE: May 25, 2001 TASK 1.3 - DEVELOP BASE MAPS FOR PLANNING Use base planning maps for the COUNTY, from the equivalent task under the Wastewater Master Plan Update, showing on separate layers roadways, limits of existing water and wastewater service areas, traffic analysis zones, planning boundaries, existing water treatment facility locations, proposed road projects, water pipeline locations, well fields, golf courses, major parks, utility corridors, and similar information. TARGET COMPLETION DATE: June 29, 2001 LUMP SUM AMOUNT FOR TASK 1:$19,780 TASK 2 - WATER MASTER PLAN DEVELOPMENT VOTEJCGQ.doc Page 2 of 7 i A~N~A ~T~ N0. I~, ~ ,. MAVe4/~,~ 2001 TASK 2.1 - WATER SUPPLY AND DEMAND ANALYSIS Task 2.1.1 - Review Current Water Supply System Review and summarize existing operating permits for the water treatment plants and consumptive use permits. Permit information will be supplied by COUNTY. Summarize current water supply sources, consisting of surface water, groundwater and alternative sources. Identify limitations of the existing system. TARGET COMPLETION DATE: June 15, 2001 Task 2.1.2 - Review of Agreements with Others Review areas within COUNTY that receive potable water from Public Service Coommission regulated investor-owned utilities and unserved areas. In conjunction with COUNTY, determine potential future areas of service through acquisition and consolidation. Review existing interlocal agreements. Summarize the impact of agreements with others and future service commitments. TARGET COMPLETION DATE: June 15, 2001 Task 2.1.3 - Establish Service Areas and Potable Water Demands Establish service area boundaries for future service in conjunction with COUNTY. Divide the overall service area into regional service areas. Establish land use areas within the regional service areas. Coordinate boundaries with the 2001 Wastewater Master Plan Update occurring concurrently. Establish water demands per regional service area based on average, maximum day, peak hour, and fire flow situations. Provide a map showing the regional service areas and a table showing estimated potable water demands. TARGET COMPLETION DATE: June 29, 2001 Task 2.1.4- Develop Quantities and Sources of Future Water Supply Summarize the future sources of supply available including groundwater, surface water, brackish water, and others. Review potentials for water conservation and use of reclaimed water to offset supply requirements. Determine sustainable productivity, seasonal availability, regional considerations, economics of development, and regulatory issues. Evaluate storage needs for each source of water, including surface storage and aquifer storage and recovery. Update existing hydrogeologic models to determine the impact of groundwater withdrawal on groundwater potentiometric surface levels, salt water intrusion, wetlands, and other surface features. Summarize potential advantages and disadvantages with each source of supply. Develop unit costs for development of each source of supply to assist in comparison of & IT£N VOTEJCGQ.doc Page 3 of 7 MA ,, Bo 2001 ~'~;. /5 alternatives. A subconsultant will be used to address hydrogeological issues involved with this task. Provide a summary of the results of this task. TARGET COMPLETION DATE: July 13, 2001 TASK 2.2 - DEVELOP REGIONAL TREATMENT PLANT CAPACITIES Develop county-wide regional treatment plant capacities. Determine when regional plants need to be expanded and whether new regional plants need to be constructed based on: · Projected flows developed above. · Economic analysis of operation, maintenance and capital costs · Site specific issues at both existing treatment plants Prepare summaries of flows by service area and required treatment capacities for the North County Water Treatment Plant and South County Water Treatment Plant. Update and compile information describing the well systems, ground storage tanks, transfer pumping, and high-service pumping at each plant. Subconsultants will be utilized for site-specific issues at both existing treatment facilities to assist in identifying logical expansion flow increments, levels of treatment, and limitations and ultimate site capacities. Prepare a summary that documents the recommended regional treatment plant capacities and treatment requirements. TARGET COMPLETION DATE: August 3, 2001 TASK 2.3 - UPDATE WATER TRANSMISSION NETWORK HYDRAULIC MODEL Task 2.3.1 - Collect Data for Model Update Collect data for updating the existing hydraulic model in KYPIPE2000. Determine where additional facilities need to be included in the model. Show these facilities on a schematic diagram of the system provided by COUNTY. Use service areas developed for the system and allocate flows by service a~ea. Review data for updating the existing model with COUNTY. TARGET COMPLETION DATE: June 22, 2001 Task 2.3.2 -Run Model of Existing Transmission System Input data from Task 2.3.1 into existing hydraulic model. The existing model includes pipelines 12 inches in diameter or larger, except that some smaller pipelines are included in certain key areas. Run the model to simulate minimum hour on the maximum day, maximum day, maximum day plus fire flow and peak-hour demands. Review existing model results and compare it to actual operating data supplied by COUNTY. Any field verification of model data will be collected by COUNTY. The purpose of this task will be to calibrate the model of the VOTEJCGQ.doc Page 4 of 7 existing transmission system. A subconsultant will be used to mn and to calibrate the model. Submit modeling results to COUNTY. TARGET COMPLETION DATE: July 13, 2001 TASK 2.4 - RECOMMENDATIONS FOR SYSTEM IMPROVEMENTS Task 2.4.1 - Establish Decision Model for Comparison of Alternatives Develop a decision model in conjunction with COUNTY to establish the relative importance of various factors impacting the selection of alternative projects. Criteria in the decision model may include cost, reliability, permitability, customer satisfaction, impact on rates, resource conservation, and others. Establish goals for future service. Attend a meeting with COUNTY to provide a weighting system for each criteria. TARGET COMPLETION DATE: June 29, 2001 Task 2.4.2 - Develop Alternative Projects Develop up to five alternative projects for comparison. Include future requirements for supply, storage, treatment, pumping, and transmission. Screen and reduce multiple projects to the five alternatives using criteria developed in Task 2.1.4 and the decision model. Review the selected alternatives with COUNTY for concurrence. TARGET COMPLETION DATE: August 3, 2001 Task 2.4.3 - Hydraulic Modeling of Alternative Projects Develop a county-wide schematic plan for future water transmission mains and associated booster pumping station n_etwork linking existing and future service areas to regional treatment plants. Include an analysis of future storage requirements in the transmission system analysis. Use the KYPIPE2000 main network model updated in Task 2.3.2 to include current projects, projects that have been constructed since the model was last updated in 2000 and future projects. Use the model to size future water transmission mains. Prepare model outputs to simulate minimum hour on the maximum day, maximum day, maximum day plus fire flow and peak hour demand conditions at 5-year increments for each regional treatment plant service area for the selected alternatives. Prepare a graphical county-wide summary showing year 2021 water treatment plant, booster station, storage and transmission main facilities. Utilize subconsultant services for the hydraulic model update and model runs. TARGET COMPLETION DATE: August 24, 2001 VOTEJCGQ.doc Page 5 of 7 MA~4/~/~ 2001 ~,r..,. /'7 Task 2.4.4 - Compare Alternative Projects Develop conceptual level capital and life-cycle costs for up to five alternative water supply and transmission projects. In conjunction with COUNTY, apply decision model to the alternative projects and rank. Summarize the results of the alternative comparison. Recommend alternative appearing most favorable to COUNTY. TARGET COMPLETION DATE: September 7, 2001 TASK 2.5 - DEVELOP WATER CIP SCHEDULE Develop 5-year and 20-year CIP schedule and budgets sequencing capital improvements identified in Tasks 2.5 for the recommended potable water project. CIP schedules and budgets shall include planning, engineering and construction costs. CIP outputs shall be used to support the water rate study and impact fee study. TARGET COMPLETION DATE: September 7, 2001 TASK 2.6 - PREPARE 2001 WATER MASTER PLAN UPDATE Prepare an update to the 1996 Water Master Plan Update. The updated plan shall be structured similar to the 1996 plan. The updated plan will consist of the following sections: Section 1 - Executive Summary Section 2 - Introduction Section 3 - Existing Water System Section 4 - Water Demands Section 5 - Hydrogeology Section 6 - Water Storage Section 7 - Water Supply Options Section 8 - Hydraulic Modeling Section Section 9 - Water System Evaluation and Recommended Improvements 10 - Summary and Conclusions Appendices will be included in the plan update as appropriate. Submit 15 copies of the updated plan to the COUNTY. TARGET COMPLETION DATE: October 19, 2001 TASK 2.7 - MEETINGS Services shall include up to 12 semi-monthly project coordination meetings to coordinate with ongoing COUNTY projects and present preliminary outputs. Meetings to be attended by no. 1~ C~ ~.~ Page 6 of 7 VOTEJCGQ.doc H A~4,~/~i 2001 COUNTY staff and other consultants, as necessary. The final report will be presented at a public hearing for adoption by the Board of County Commissioners. Up to 12 other specific coordination meetings will be held with other COUNTY representatives as necessary to understand other on-going and planned COUNTY activities that will be impacted by the PROJECT. LUMP SUM AMOUNT FOR TASK 2:$136,400 TASK 3 - ADDITIONAL SERVICES ALLOWANCE Provide additional services for development of the 2001 Water Master Plan Update. This task is planned to be performed mainly by subconsultants. The additional services allowance of up to $113,760 is for the sub-tasks described above, consisting of consisting of hydraulic modeling of the existing and proposed transmission systems, hydrogeological issues and site specific issues at both water treatment facilities, including identifying including logical expansion flow increments, levels of treatment and ultimate site capacities. It is planned to utilize subconsultants to assist in meeting the schedule constraints associated with the rate and impact fee studies. If it becomes apparent that the utilization of subconsultants is a hindrance to the scheduled completion of these sub-tasks, these sub-tasks may be performed by Greeley and Hansen LLP. Additional services under this work order will be provided up to the limits shown below. Additional work orders will be required to perform services beyond the limits Shown below. ' TIME AND MATERIALS ALLOWANCE FOR TASK 3: $113,760 2001 VOTEJCGQ.doc Page 7 of 7 EXECUTIVE SUMMARY ACCEPTANCE OF CONVEYANCE DOCUMENTS FOR SEWER UTILITY PUMP STATIONS AND FORCE MAINS ACCEPTANCE WITHIN WING SOUTH AIRPARK SUBDIVISION OBJECTIVE: Obtain Board of County Commissioners, as the ex-officio Board of the Collier County Water-Sewer District (CCWSD), acceptance of final conveyance documents of the sewer utility pump stations and force mains located in the Wing South Airpark Subdivision. CONSIDERATIONS: In compliance with a previously executed agreement Wing South Airpark has installed the necessary pump stations and force mains in order for their wastewater service to be provided by Collier County. The sewer treatment plant that previously serviced the Airpark has been taken offiine and removed. FISCAL IMPACT: The sewer facilities were constructed without cost to the Collier County Water-Sewer District. Monthly user revenues will pay the cost of operating and maintaining the sewer facilities. GROWTH MANAGEMENT IMPACT: The Wing South Airpark Subdivision was designed and constructed with the intent of serving the Wing South AJrpark Subdivision. Their sewer treatment package plant has been taken offiine and the County's regional sewer system serves this development; capacity presently exists to serve this project. RECOMMENDATION: Staff recommends that the Board of Commissioners approve the acceptance of the conveyance documents that finalize the Wing South Airpark Settlement Agreement and authorize the Chairman to execute the documents and authorize staff to record said documents in the Public Records of Collier County, FI. Lisa Taylor, Engiffeering Technician I REVIEWED BY: Jam~ublil Utilities Administrator Date Retn: LINDA SIMPSON 4138 SKY WAY DR NAPLES PL 34112 2707274 OR: 2737 PG: 1733 REC YEE RECORDED in the O~HCIAL RECORDS of COLLIER COUNTY, ~L DOC-.70 10/30/2000 at Ol:32PM DWIGHT E. BROCK, CLERK UTILITY EASEMENT (WING SOUTH AIRPARK) 28.50 ,70 THIS EASEMENT, granted this & day of ~7)~' , 2000 by WING SOUTH AIRPARK PRIVATE VILLAS, INC. as Grantor, to the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, its successors and assigns, as Grantee. WITNESSETH: That the Grantor for and in consideration of the sum of ten dollars ($10.00) and other valuable consideration paid by the Grantee, receipt of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, its successors and assigns, a perpetual, non-exclusive easement, license, and privilege to enter upon and to install and maintain utility facilities, in, on, over and under the following described lands being located in Collier County, Florida, all County utility easements indicated CUE for installation and maintenance of its facilities. The Wing South Airpark Private Villas, Inc. agrees for itself, its successors and assigns, that it will be responsible for the cost of any and all repairs, replacement, maintenance or restoration of improvements or landscaping installed by the grantor within the easement area, to wit: See attached Exhibit "A" which is incorporated herein by reference. TO HAVE AND TO HOLD the same unto the Grantee and its assigns, together with the right to enter upon said land, excavate and take materials for the purpose of construction, operating and maintaining utility facilities thereon. Grantor and Grantee are used for singular or plural, as the context requires. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. (Print Name) (Print Name) F:~JOB\WSP\DWSXUTILITYE.DOC Wing South Airpark Private Villas, inc. '9 (Title) OR: 2737 PG: 1734 STATE OF FLORIDA COUNTY OF COLLIER Tha4ore~ing instrument was sworn to and aclsJ~w, ledg~ed before me this , 2000 by ~}.~ t ('fyi.i_ (~(~ c~L4Ps Wing South Airpark Private Villas, Inc., who is personally known to me. day of of My Commission Expires: MY CO~ISSION # CC 970087 EXPIRES: Septem~r 24, 2004 NOT~,~PUBLIC . (SEA (Print Name) Notary Public Serial # (if any). By: James D. Carter PH D,Chairman F:UOB\WSP\DWS\UTIIATY E DOC AC,~A ~0~sP /'~ MAY 0 8 2001 PG. -~ , OR: 2737 PG: 1735 LEGAL DESCRIPTION A POR170N OF THF EAST 7/2 OF ~FCllON f6, rOI4~tSN/P 50 $OU17t, RANGE 26 EAST' COU_IfR COUNt, FLOR/DA, 8E/NG MORE PAR17CU£AREi )' ~$CR/St-~ AS FOII O~: COMA4ENC~ A ;" ;'HE SOUTHEA$1FRL )' I~osr CORNER OF I~NG $0U;7-1 PR/VA rE V;LLAS UN/r ~, A ¢ONDO~IN/UM. AS RECORDED IN CONDOW/NIUM PLA r aO0~ 4 A T PAGE 46 OF ~HE PUE£1C RECORDS OF COU_I~CR COUN17;, r'7.0RIDA; I~iENCE RUN $ 89'45'$5' ~, ALONG IT-IE SOUI~IERLY 80UNDARY OF ~ND SOUTH PR/VArE VILLAS UN/T /, A CONDOMINIUM, FOR A DISlrANCE OF ~6175 FEET l~O ;rile POINT ~ OF 17~E PARCt7. OF LAND HERE/N DESCRIEED; FHENCE ¢ON17NUE S 89'45'$5' ~, ALONG LAST SAID i/NE FOR A DISTANCE OF 7Z30 F~Er; 17-1ENCE RUN NJOl~8'OO'IZ, FOR A DISTANCE OF 70.50 FEET" 17-1ENCE RUN N $57;"0g' ~,, FOR A DISTANCE OF 40.89 FEET" 17-1ENCE RUN N 2170'45' FOR A DISTANCE OF 90.87 t-L~T'. ;~If)VCE RUN N 00'02'12° E, FOR A DIS;"ANCE OF 144.52 F~ET" THENCE RUN $ 89.2a'4S' ~, FOR A DISTANCE OF 544.87 r'-L~T; ll-iENCE RUN N 4~Z;2,27' 1~, FOR A DISTANCE OF 38.4;' ,InLeT" ;;WENCE RUN N 0074'25' ~, fOR A DISI'ANCE OF J5.69 FEET" THENCE R~N S 89~0';'7' ~, FOR A D/$;"ANCE OF I8.67 F~T" THE-NCE RUN N 75t50'07' I~, FOR A DISTANCE OF 41.30 ,~T" THENCE RUN $ 8S'45'$5' ~, FOR A DISI'ANCE OF 92.68 FEET';; THENCE RUN N 07~D~9'2F' FOR A DISTANCE OF ~24.08 ~; THENCE RUN N 00~5'39' I~, FOR A DISI'ANCE OF 8;'.77 THENCE RUN N 02~0'59' E, fOR A DI$I"ANCE OF 24.47 FEET';; THENCE RUN S 89'45',75' ~, FOR A DISTANCE OF 6. 78 FL~T" THENCE RUN N 0074,25' 1~, FOR A DISI'ANCE OF 30.00 r~l~; THENCE RUN N 89'45'$~' E, FOR A DISTANCE OF 30.00 FEE1;; THENCE RUN S 0074'25° E, r-OR A DISTANC'~ OF f~-ET" THENCE RUN $ 89'45'35° 1~, FOR A DIS;"ANCE OF 8.2;' FEET; THENCE RUN S 02'20'59' ~, FOR A DISTANCE OF 24.72 FEEl~ THENCE RUN $ 00~§'39' E, FOR A DIS;"ANCE OF 80.7;' FEET';; THENCE RUN S O;'Z;.g,27' E, FOR A DISTANCE OF ~09.22 FEE7;; THENCE RUN N $9'45°$5' ~ FOR A DISI'ANCE OF F~T" THENCE RUN S 751~0'07° ~, FOR A DISI'ANC~ OF 4L24 FA-E-~; THENCE RUN N 89~0'/F' E, FOR A DISTANCE OF 31.83 r~T; THENCE RUN S0074,25'E, FOR A DIsIrANCE OF 44.15 FEET" THENCE RUN S 481~2'27' ~,, FOR A DISIrANCE OF 25.93 FEET; I~IENCE RUN N ag~a'45' E, FOR A DISTANCE OF f't-ET" ITWENCE RUN S 00~22°12° 1~, FOR A DISTANCE OF 162.47 FEET; THENCE RUN S 2~70'45' ~, FOR A DISI'ANCE OF 95.5! FEET" 17-1ENCE RUN S357X°Og'W,, FOR A DISTANCE OF 3IH r"L~T" THENCE RUN S 301~°00' E, FOR A DISTANCE OF 69.50 FEET rO 17'lE POINT OF EEG/NN/NG OF THE PARCt-L OF LAND HERETN DESCR/EED. CONTA/N/NG O. 486 A&"~ES, MORE OR LESS. TH/S PROPERTY /S SUEJECT 17O EASLrIdENI~, RE,CERVA 170NS AND/OR RESIR/CITONS OF RECORD. 8EAR/N,GS ARE EASED ON THE SOUTHERLY EOUNDARY OF I~NG SOUTH PR/VA rE VILLAS UNIT /. A CONDOM/N/UM, AS RECORDED /N CONDDI~/N/UM PLA ;~ EOOK 4 A 1~ PACE 46 OF THE PUEUC RECORDS OF COLUER COUNT):, FLOR/DA, AS ~EING S 89'45°35. SIC. NED: P. S. M. ~5425 ! ! O! *** OR: 2737 PG: 1738 *** ' I~~~ d~ I~11 ~ ~; I I ~ ~ ..~ u~ Z ~ '' I I , / ~/~ ~77H ~ ~4/~d ~ ~~~ ~ HAY C 8 2001 2707275 OR: 2737 PG: 1739 , cm LINDA SIMPSON RECORDED in the OFFICIAL RECORDS of COLLIER COUN?¥, PL DOC-.70 1138 SKY WAY DR 10/30/2000 at 01:32PM DWIGHT E, BROCK, CLBRK UTILITY EASEMENT (WING SOUTH AIRPARK) 15,00 .70 EASEMENT, granted ~is ~0'+}'1 day of OC2%~ , 2000 by RIB N,-~h. s O{3~Ctlq as Grantor, to the BOARD OF COUNTY COMMISSIONERS C~F COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, its successors and assigns, as Grantee. WITNESSETH: That the Grantor for and in consideration of the sum of ten dollars ($10.00) and other valuable consideration paid by the Grantee, receipt of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, its successors and assigns, a perpetual, non-exclusive easement, license, and privilege to enter upon and to instail and maintain utility facilities, in, on, over and under the following described lands being located in Collier County, Florida, all County utility easements indicated CUE for installation and maintenance of its facilities. The Wing South Airpark Private Villas, Inc. agrees for itself, its successors and assigns, that it will be responsible for the cost of any and all repairs, replacement, maintenance or restoration of improvements or landscaping installed by the grantor within the easement area, to wit: See attached Exhibit "A" which is incorporated herein by reference. TO HAVE AND TO HOLD the same unto the Grantee and its assigns, together with the right to enter upon said land, excavate and take materials for the purpose of construction, operating and maintaining utility facilities thereon. Grantor and Grantee are used for singular or plural, as the context requires. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. Witness 1 (Print Nhme) - V~ithess2 (/- v -_ (, (Pr'iht Nme) ....... F 5JOB\WSP~DWS\UTILblnk.doc (Print Name) i AG~I~A IT[lq sP MAY 0 8 2001 OR: 2737 PG: 1740 STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was sworn to and acknowledged before me this ]/ffkh.. day of _l~?..~z~_, 2000 by-~o, aeb N. ?-h,ocoan Wing South Airpark Private Villas, Inc., who ic pc'r:,9~nally My Commission Expires:~)~/O-/O ~ (Print~Name~ Serial # (if any) (SEAL) Notary Public Aeatstant County Attorney By: James D. Carter Ph D, Chairman F:~JOB\WSI~DWS\UTILblnk.do¢ l AG4~I~A ITf,~ s~HAY 0 8 200~ *** OR: 2737 PG: 1741 *** AG~NOA HAY 0 8 2001 2707276 OR: 2737 PG: 1742 LINDA SIMPSON R~CORDED in the OFFICIAL RECORDS of COLLIER COUNTY, FL DOC-.70 4138 SKY WAY DR 10/30/2000 at 01:32PM DWIGHT R. BROCK, CLERK NAPLES FL 3~t12 UTILITY EASEMENT (WING SOUTH AIRPARK) 15.00 .70 THIS EASEMENT, granted this /7J day of ~('/t/),~. , 2000 by [c,,,,~,. ~.. ~:,z,c,~: ..5'c2..,,_~ as Grantor, to the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, its successors and assigns, as Grantee. WITNESSETH: That the Grantor for and in consideration of the sum of ten dollars ($10.00) and other valuable consideration paid by the Grantee, receipt of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, its successors and assigns, a perpetual, non-exclusive easement, license, and privilege to enter upon and to install and maintain utility facilities, in, on, over and under the following described lands being located in Collier County, Florida, all County utility easements indicated CUE for installation and maintenance of its facilities. The Wing South Airpark Private Villas, Inc. agrees for itself, its successors and assigns, that it will be responsible for the cost of any and all repairs, replacement, maintenance or restoration of improvements or landscaping installed by the grantor within the easement area, to wit: See attached Exhibit "A" which is incorporated herein by reference. TO HAVE AND TO HOLD the same unto the Grantee and its assigns, together with the right to enter upon said land, excavate and take materials for the purpose of construction, operating and maintaining utility facilities thereon. Grantor and Grantee are used for singular or plural, as the context requires. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. Witne~s~ T ~- / (Print Name) ' e~-~,~~"~='~~..~ ~,~?,~ ~-~ . (Print Name) (Print Name) . F:UOB\WS P~DWS\UTILblnk.doc sP HAY 0 8 2001 OR: 2737 PG: 1743 STATE OF FLORIDA COUNTY OF COLLIER je foregoing instrument was sworn to and acknowledged before m,.e this Tod~ ,2000 by .Z~ ~ --~L~_~'~ - . ~d ~r~-~ ing South Airpark Private Villas, Inc., who is personally known to me. My Commission Expires: day of ~,~'~_ of NOTARY PUBLIC (Print Name) Serial # (if any). (SEAL) Notary Public A~rov~ to form & 1 gad su/£ieie~ey ~t~t County A~oraey By: James D. Carter Ph D, Chairman F:UOB~ WSI~DWS\ UTILblnk.doc IN WITNESS WHEREOF, Grantor has caused these presents to be executed the date and year first above written. Witness 1 (Print Name) ~ wiTr f- Wing South Airpark Private Villas, Inc. (Title) (Print Name) STATE OF FLORIDA COUNTY OF COLLIER ~T1Te forqgoing instrument was sworn to agd acknowledged before m?~tl~,~( /'~t~VCm~/ , 2000 by ~)//h~r~ /.) ~///o~. j-fi__ as ,~ Wing South Airpark Private Villas, Inc., who is personally known to me. day of of My Commission Expires: (Print Name) Nc~,-y Public Serial # (if F:~OB\WSPX, DWS\DEED.DOC By: James D. Carter Ph D, Chairman NO. / c~ c_ t4 WSP HAY 0 8 2001 LEGAL DESCRIPTION A PORllON OF lttE EAST 1/2 OF SECllON 16, TOWNSHIP 50 SOUTH, RANGE 26 EASl:, Cl~LLIER COUNT~,, FLORIDA, BEING MORE PARllCULAREL Y DESCRIBED AS FOI I O~¢S: COMMENCE Al' THE SOUTHEASI~RLY' MOST CORNER OF MNG SOUTH PRIVATE VIllAS UNIT 1, A CONDOMINIUM, AS RECORDED IN CONDOMINIUM PLA T BOOK 4 A T PAGE 46 OF THE PUBLIC RECORDS OF COLLIER COUNI~, FLORIDA; THENCE RUN S Bg'45'$5" 1~, ALONG I'HE SOUTHERLY BOUNDARY OF SAID ~ND SOUTH PRIVAI~ V~LLAS UNIT 1, A CONDOMINIUM, FOR A DISTANCE OF I6~ 16 FEET 1'0 THE POINT ~ OF THE-PARCEL OF LAND HEREIN DESCRIBED; THENCE CONUNUE S 89'45'$5' 1~, ALONG LAST SAID LINE, FOR'A D/STANCE OF 1Z$0 FEE~' THENCE RUN N$O198'OO'W, FOR A DISTANCE OF 70.50 FEET; THENCE RUN N 3571'09' E, FOR A DISI'ANCE OF 40.89 FEELS; THENCE RUN N 2170'45' E, FOR A DISTANCE OF 90.87 FEET; THENCE RUN N 00'02'12' E, FOR A DISTANCE OF 144.52 FEET: THENCE RUN S B9~8'45" I~, FOR A DISTANCE OF 544.87 FEET; THENCE RUN N 48~2'27' I~, FOR A DISTANCE OF $~.41 FEET; THENCE RUN N 00?4'25' 1~, FOR A DISI'ANCE OF 35.69 FEELS; I'HENCE RUN S B9~0'17' 1~, FOR A D/STANCE OF 18.67 FEET,;; THENCE RUN N 7550'07' I~, FOR A DISTANCE OF 41.30 FEE~' THENCE RUN S 89'~'$5' I~, FOR A DISTANCE OF 92.68 FEET; I'HENCE RUN N 01'08'27' FOR A DISTANCE OF 124.0~ FEET; THENCE RUN N 0075'39' I~, FOR A DISI'ANCE OF 81.17 FEET; THENCE RUN N 0270'59' E, FOR A D/Sl'ANCE OF 24.41 FEET; THENCE RUN S 89~5'$5' ~, FOR A DISI'ANCE OF 6.78 FEE~' THENCE RUN N 00?4'25' I~, FOR A DISI'ANCE OF $0.00 FEE1;; I'HENCE RUN N 89'45'$5' E, FOR A DISTANCE OF 30.00 FEE1;; THENCE RUN S 0074'25' E, FOR A DISI-ANCE OF $0.00 FEE~' I'HENCE RUN S 89'45'$5' 1~, FOR A DISI-ANCE OF 8.21 FEET; THENCE RUN S 0270'59' 1~, FOR A DISI-ANCE OF 24.72 FEE[' I'HENCE RUN S 0075'$9' E, FOR A D/SL-ANCE OF 80.71 FEELS; THENCE RUN S 01'0E'27' E, FOR A DISI'ANCE OF 10S. 22 FEE~' THENCE RUN N 8g'45'$5' E, FOR A D/STANCE OF 7g. 81 FEET; THENCE RUN S 75'50'07' E, FOR A D/STANCE OF 41.24 FEET; THENCE RUN N B970'17' E, FOR A D/STANCE OF 31.85 FEET; THENCE RUN S0074'25'E, FOR A DISTANCE OF 44.15 FEE~' THENCE RUN S 4~'02'27' E, FOR A D/STANCE OF 25.93 FEET; THENCE RUN N 89~8'45' E, FOR A DISTANCE OF 554.18 FEET: THENCE RUN S 00'02'12' ~ FOR A DISI'ANCE OF 162.47 FEET; THENCE RUN S 2170'45~ ~, FOR A DISI'ANCE OF 95.51 FEELS; THENCE RUN S$571'09"W, FOR A DISTANCE OF SS. ii FEET; THENCE RUN S $0128'00' E, FOR A DISI'ANCE OF 69.50 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED. CONTAINING 0.#86 ACRES, MORE OR LESS, THIS PROPERLY IS SUBJECT l-O EASEI~EN I~S, RESER VA llONS AND/OR RES IRIC llONS OF RECORD. BEARINGS ARE BASED ON THE SOUTHERLY BOUNDARY OF WING SOUTH PRlt/A I'E ~LLAS UNIT CONDOMINIUM, AS RECORDED IN CONDOMINIUM PLA T BOOK 4 A T PAGE 4.6 OF THE PUBLIC RECORDS OF COLUER COUNI-~, FLOR/DA, AS BEING S 89'45'35" ~. SIGNED: ~ P,S,M, ~5426 TOM CHERNESKY I ETA l~- OF FLORIDA I-- EXECUTIVE SUMMARY WAIVE PURCHASING POLICY AND AMEND EMERGENCY PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING SERVICES TO EXPAND THE NORTH COUNTY WATER RECLAMATION FACILITY TO 30.6-MGD MMADF, PROJECT 73950 OBJECTIVE: To commence emergency engineering services to expand the North County Water Reclamation Facility (NCWRF) to 30.6-mgd Maximum Month Average Daily Flow (MMADF), as mandated by the Florida Department of Environmental Protection (FDEP) April 10, 2001 Consent Order. CONSIDERATION: During the County's recent peak demand season 2000-2001, the NCWRF experienced several overflow events. These events resulted in an FDEP Consent Order. The Consent Order, fully executed by the Board and the FDEP on April 10, 2001, mandates that an expansion to the NCWRF to 30.6-mgd MMADF be on-line no later than January 1, 2005. in order to meet that schedule, engineering design must commence immediately. Hence, it is necessary for the Board to declare a valid public emergency, waive the competitive selection and negotiations process under section 287.055 F.S., and to directly award this work to engineering consultant, Hazen & Sawyer, P.C. They designed and administered the last two expansions (3-mgd and current 5-mgd expansions) at this facility. They proved to be reliable, perforated well, and bring continuity to this project. They have experience with this facility and have all electronic design documents for the previous expansions. This will aid in time and cost efficiency. Due to the expeditious nature of the Consent Order issues, staff has negotiated an initial scope to commence immediately. Due to cash flow constraints in the FY 01 budget, FY 01 work will include preliminary design, design report, final design, surveying and permitting services in the amount of $1,895,000. The scope is more fully detailed in the attached amendment to Professional Services Agreement scope of services. The remaining services can be deferred to FY 02 without causing any delays. The deferred work will include bidding services, construction services, start up and close out services and will be negotiated and expended in FY 02. FISCAL IMPACT: A budget amendment will be necessary to transfer $1,895,000 from 73948, NCWRF Deep Injection Well, to project 73950, NCWRF Expansion to 30.6-mgd MMADF to fund this work. The source of funds is Impact Fees. GROWTH MANAGEMENT IMPACT: This work will have no impact on growth management. RECOMMENDATIONS: That the Board of County Commissioners, as Ex-Officio the Governing Board of the Collier County Water-Sewer District, declare a valid public emergency, waive the competitive selection and negotiations process, approve the necessary budget amendment, and amend the Professional Services Agreement with Hazen & Sawyer, P.C., for the NCWRF Expansion to 30.6-mgd MMADF, Project 73950. AGEI~A ITEM MAY 0 8 200i Executive Summary Amend PSA For The NCWRF Expansion To 30.6-mgd MMADF Page 2 SUBMITTED BY: Peter Schalt, PMP, Project Manager Public Utilities Engineering Department Date: REVIEWED BY: REVIEWED BY: REVIEWED BY: APPROVED BY: Karl W. Boyer, P.E., SeYmoUr Project ManageDrate: Public Utilities Engineering Department Jo~heatham~Director Date: Public Works Division ~,f~ 09, ~ Date: "Stephen T. ~'ahaetl~, Director Purchasing/General Services Division .~.~ Date: J s~V. Mud~, P.E., Administrator Public Utilities Division Attachment: Copy of Proposed Amendment to PSA AGENDA ITf~I NO. MAY 0 8 2001 This Amendment No. 8 to the Agreement dated "AGREEMENT") is made and entered into this May 14, 1996 (hereinafter day of , 19 , by arid between the Board of County Commis.sioners for Collier County, Florida, a political subdivision of the State of Florida and Governing Board of the Collier County Water-Sewer District (hereinafter referred to as the "OWNER") and Hazen & Sawyer, P.C., a New York corporation, authorized to do business in the State of Florida, whose business address is 2101 Corporate Blvd., Boca Raton, Florida 33431 (hereinafter referred to as the "CONSULTANT"). WITNESSETH WHEREAS, OWNER and CONSULTANT currently have a valid professional services agreement for the provision of professional services for the NORTH COUNTY WATER RECLAMATION FACILITY EXPANSION TO 30.6-MGD MMADF (hereinafter referred to as "PROJECT"), said services more fully described in said AGREEMENT; and WHEREAS, OWNER and CONSULTANT agree some modifications to' the services being contemplated under said AGREEMENT are necessary; and WHEREAS, CONSULTANT represents that he has the expertise and the type of professional services that will be required for completion of the project. NOW, THEREFORE, in consideration of the mutual covenants and provisions contained herein, parties agree as follows: MAY 0 8 2001 ARTICLE ONE 1.1 CONSULTANT shall provide to OWNER professional engineering services in all phases of the project to which this Amendment applies. 1.2 CONSUhTANT shal~ provide professional services in addition to those as outlined in said AGREEMENT as noted in Schedule A of this Amendment, as attached hereto. ARTICLE TWO 2.1 OWNER agrees to compensate CONSULTANT for services rendered hereunder as prescribed in Schedule B, entitled "Schedule of Fees For Basic Services (Schedule B attachment A), "Schedule of Fees" (Schedule B attachment B) and "Schedule of Fees For Detailed Observation and Additional Services" (Schedule B attachment C)", as outlined in said AGREEMENT with the modifications to Attachments A, B and C to said AGREEMENT which are attached hereto and made a part hereof. 3.1 ARTICLE THREE The schedule for said Project, shall be as shown in the revised Schedule C as attached hereto. NO., ~'"~ MAY 0 8 2001 4.1 ARTICLE FOUR The AGREEMENT, as amended, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment to Professional Services Agreement for the NORTH COUNTY WATER RECLAMATION FACILITY TO 30.6-MGD MMADF EXPANSION the day and year first written above. ATTEST: (As to Chairman) BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA AND AS EX - OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT By: Dwight E. Brock, Clerk By: James D. Carter, Ph.D., Chairman Approved as to form and legal sufficiency: Assistant C~ ' A~tomey ~,lbert Muniz, P.(E. ~ice President P P.E. Vice President ,o. I[~C_~ IAY 0 8 2001 SCHEDULE A SCOPE OF SERVICE NORTH COUNTY WATER RECLAMATION FACILITY EXPANSION TO 30.6-MGD MMADF Schedule A consists of the following phases: A.0 A.1 A.2 A.3 A.4 A.5 A.6 A.7 Description of Project Design Report Preliminary Design Final Design Construction Bid Services Construction Contract Administration Detailed Observation Additional Services A.0 DESCRIPTION OF PROJECT A.0.1 GENERAL This project includes engineering services for the pre-design, design, permitting, construction administration / observation, startup and system integration, operational support and additional services of the proposed North County Water Reclamation Facility (NCWRF) Expansion to 30.6 million gallons per day (MGD) maximum month average daily flow (MMADF). This expansion will result in an increase to the capacity of the NCWRF as follows: Flow Classification Before Expansion After Expansion Annual Average Daily Flow (AADF) 13.5 MGD 23.5 MGD Maximum Month Average Daily FI0w (MMADF) 17.6 MGD 30.6 MGD The work will be designed as multiple bid packages to expedite construction so that all 30.6-MGD MMADF expansion facilities are operational by January 1, 2005 to comply with FDEP Consent Order, OGC Case No. 01-0552-11-DW. Note that the work encompassed by each phase will be dependent on recommendations developed in preceding phases, as accepted by the Board of County Commissioners of Collier County (herein after referred to as OWNER). As such, the fee schedule attached to bis scope of services presents only those fees associated with Phase A.1, A.2 and portions of Phases A.3 and A.7 of the project at this time. Upon more detailed development of the scope based on results from the Design Report, and Preliminary Design, the fees for Phases A.4 through A.6 and the ~emainder of A.3 and A.7 will be determined. In all cases, the fee for Phases A. 1 through A.7.9 of this project, shall be equal to 12 percent of the estimated construction cost of the project (the sum of all bid pa~ages, including a 10% contingency allowance) as agreed to by OWNER and CONSULTANT based on the 60% design estimate completed at the end of the Preliminary Design Phase. Revisions to the Scope of Services after this completion milestone will be addressed as necessary. A more detailed discussion on each phase of this Scope of Services is presented below: NCWRF-30.6-MGD-1 HAY 0 8 200i A.0.2 THE PROJECT WILL SPECIFICALLY ADDRESS THE FOLLOWING ISSUES: A.0.2.1 Hydraulic Profile Evaluation. A review of the existing hydraulic profile, and necessary improvements to include the necessary hydraulic expansion to accommodate the increased plant capacity will be developed. The recommended hydraulic profile will be used as a baseline condition for system expansion. A.0.2.2 Pretreatment Facilities Expansion. Expansion of existing Pretreatment Building structure, addition of new mechanical screens, aerated grit chamber equipment and related piping. A.0.2.3 Secondary Treatment Facilities Expansion. New aeration basins, new clarifiers, additional pumping equipment at Sludge Pump Station No. 4, additional blower equipment at Blower Building No. 1, and a new building structure and related equipment for Blower Building No. 2. A.0.2.4 Sludge Thickening and Dewatering Improvements. The sludge thickening and dewatering processes will be evaluated for feasibility of their expansion through NCWRF build-out capacity. Items to be evaluated include, but are not limited to, gravity belt thickening to replace the current gravity thickening tank operation and conversion of the gravity tanks into a sludge holding tanks. A.0.2.5 Sludge Stabilization Facility Improvements. It is assumed that any potential sludge stabilization facilities to serve the NCWRF will be planned, designed and constructed undera separate Professional Services Agreement. For NCWRF site-planning purposes, it is further assumed that any potential sludge stabilization facilities to serve the NCWRF would be implemented at a site outside the boundaries of the NCWRF. A.0.2.6 Disinfection Facility. Expansion of the Hypochlorite Storage/Pumping Facility. The OWNER may wish to consider implementation of Onsite Hypochlorite Generation (OSG). Evaluation and design of an OSG Facility could be performed under Phase A.7- Additional Services. A.0.2.7 Effluent Filtration. Will include the evaluation of available effluent filter technology including travelling bridge, continuous backwash, and deep bed denitrification types. A.0.2.8 Effluent Disposal. Will include the evaluation ofthe current Effluent Disposal Plan, incorporation of the proposed deep injection well(s) (by others), use of effluent reuse and reject storage ponds, increased capacity of the existing Holding Pond Pump Station, and increased capacity of the existing Reuse Pump Station A.0.2.9 Odor Control Improvements. Evaluate existing untreated odor sources and identify recommended odor control measures. A.0.2.10 Electrical System Expansion and Upgrade. Will present evaluation on expanded treatment facility electrical improvement requirements including a new FPL electrical service (south end of plant), a new Electrical Service/Generator Building, and consideration to meet either FDEP and/or EPA Class I reliability requirements. A.0.2.10 Control and Implementation System Expansion. Will present the necessary improvements to the existing I/C system to meet expanded treatment capacity monitoring requirements. Upgrade of existing computer hardware, software and operating systems to current releases will also be reviewed and recommendations shall be made as necessary. --- AG£NOA I T~.~ NCWRF-30.6-MGD-2 N0.~ HAY 0 8 20 'i Pi;. '~ A.0.2.11 Construction Sequencing and Implementation Schedule. Will present the recommended program for implementation of process improvements to meet FDEP Consent Order OGC Case No. 01-0552-11-DW. A.0.2.12 Cost Estimate (Pre-design Level). Provides OWNER with preliminary estimate of project probable construction costs for budgeting purposes. The preliminary estimate is based on pre-design (i.e., 30 percent complete level) data developed from the final technical memoranda. The cost estimate will be updated at regular intervals during the detailed design phase {60 percent and 100 percent), to serve as a means of tracking total project budget. An independent cost estimate will be prepared by a mutually agreed to independent party. A.1. DESIGN REPORT A.1.1 PREPARE TECHNICAL MEMORANDA CONSULTANT will prepare a series of draft technical memoranda presenting evaluations of existing process systems and expansion alternatives. Each memorandum will discuss advantages and disadvantages of proposed alternatives, along with recommended expansion improvements. Evaluations will consist of capital cost, present worth and functional analyses, as applicable. Draft technical memoranda will be prepared for each of the topics noted in the DESCRIPTION OF PROJECT (A.0.2.1 through A.0.2.12) above. A.1.2 IN-HOUSE QA/QC REVIEWS Each draft technical memorandum will receive an in-house QA/QC review prior to submittal to OWNER. These reviews will consist of comments from senior level staff members to assure compliance with applicable codes and standards. A.1.3 REVIEW WITH OWNER Each draft technical memorandum will be distributed to OWNER (eight copies), approximately two weeks prior to the scheduling of a review meeting. This review meeting will serve as a forum for receiving and reviewing OWNER input. It is anticipated that each draft technical memorandum will require one review meeting/workshop. A.1.4 FINALIZE TECHNICAL MEMORANDA Based on comments received from OWNER, CONSULTANT will finalize each technical memorandum. Eight copies of each will be forwarded to OWNER for final acceptance. A.1.5 PREPARE DRAFT DESIGN REPORT CONSULTANT will prepare a draft design report containing a compilation of OWNER accepted technical memoranda, along with additional information including, but not limited to, soil borings, subsurface explorations, and any other similar investigations necessary for establishing a baseline from which to proceed with the final design of the project. The draft design report will also include schematic layouts, sketches and design criteria with appropriate exhibits to clearly indicate the considerations involved, including applicable requirements of all governmental agencies having jurisdiction on the project, and setting forth CONSULTANT's recommendations for proceeding with the preliminary design of the project. Said report shall also include CONSULTANT's d~6TeSS~ ~'r~ ' ~' J .o. !(ac~ ~ _ NCWRF-30.6-MGD-3 JHAY 0 8 Zuu'~ evaluation of OWNER's project budget for this project based on the 30% level cost estimate. Eight (8) copies of the draft design report shall be submitted to OWNER. A.1.6 REVIEW WITH OWNER Approximately two weeks after delivery of the draft design report to OWNER, CONSULTANT will schedule up to three meetings with OWNER to review and incorporate comments. A.1.7 PREPARE FINAL DESIGN REPORT Based on results of the review meeting(s) with OWNER, CONSULTANT will prepare a final design report. Eight (8) copies of the final design report will be submitted to OWNER. A.1.8 REVIEW AND FINAL ACCEPTANCE BY OWNER CONSULTANT will meet once with OWNER to establish agreement and acceptance of the recommendations made in the final design report. The accepted report will then serve as the basis of design, on which the preliminary design documents will be based. A.1.9 PROJECT MANAGEMENT CONSULTANT will provide all necessary work effort to perform management and administration of its project tasks throughout the duration of the project. A.2 PRELIMINARY DESIGN A.2.1 PREPARE 60% COMPLETION LEVEL DOCUMENTS Upon receiving final acceptance of the Design Report from OWNER, CONSULTANT will commence with the preparation of preliminary design contract documents (drawings and technical specifications) for the NCWRF Expansion (30.6 MGD) project. Documents will be prepared for the following proposed improvements and disciplines: A.2.1.1 A.2.1.2 A.2.1.3 A.2.1.4 A.2.1.5 A.2.1.6 A.2.1.7 A.2.1.8 A.2.1.9 A.2.1.9 A.2.10 A.2.11 A.2.12 A.2.13 A.2.14 A.2.15 Civil/Sitework/Paving, Grading and Drainage and Landscape/Irrigation Yard Piping Pretreatment Improvements Secondary Treatment Improvements Sludge Thickening and Dewatering Improvements Sludge Stabilization Facility Improvements Disinfection Facilities Upgrade Effluent Filtration Expansion Effluent Disposal System Expansion Odor Control Improvements Structural Design Architectural Design Electrical Design Control and Instrumentation System Design HVAC Design Plumbing Design NCWRF-30.6-MGD-4 I AY 0 8 2001 _ PG. ~ ,., Improvements shall be designed per the recommended expansion criteria as presented in the final design report developed under Phase A. 1. A.2.2 COST ESTIMATE (60% COMPLETION LEVEL) CONSULTANT will prepare cost estimates intended to provide OWNER with an up to date progress estimate of projected probable construction costs. Estimates will be prepared and forwarded to OWNER at the 60 percent design completion stage. The 60 percent cost estimate shall be the basis for establishing the CONSULTANT's fees for Phases A.4 through A.6 and the remainder of Phases A.4 thru A.7, such that the total of all fees is 12 percent of the total probable project cost. A.2.3 REVIEWS WITH OWNER CONSULTANT will schedule review meetings/workshops with OWNER to receive input at the 60 percent design completion stage of each bid package. CONSULTANT, based on comments received from OWNER, will make subsequent revisions to the documents. This task does not include out of scope changes outside of the recommended expansion criteria developed in the final design report. A.2.4 CONSTRUCTABILITY AND VALUE REVIEW The CON SU LTANT shall contract the services of an outside Consultant to perform a constructability and value engineering review of each bid package with tabulation of cost saving possibilities in accordance with State Revolving Loan Fund Program requirements. A.3 FINAL DESIGN A.3.1 PREPARATION OF PROPOSED FINAL DOCUMENTS Based on input received from OWNER at review meetings during the preliminary design phase (Task A.2) and associated design reviews CONSULTANT will prepare the proposed final (100%) contract documents for each bid package. A.3.2 PROJECT PEER REVIEW CONSULTANT will conduct a 100 percent completion stage project peer review of each bid package, to provide QA/QC of the final contract documents and cost estimate prior to submittal to OWNER. The review will include final interdisciplinary checks, general coordination and constructability issues, and will be conducted by senior level personnel not involved in the day-to- day activities of the project to ensure a "fresh eyes" review. NCWRF-30.6-MGD-5 HAY 0 8 2001 PG. /O A.3.3 DELIVERY OF PROPOSED FINAL DOCUMENTS CONSULTANT will furnish OWNER with five (5) sets of proposed final contract documents and five (5) sets of the 100% completion level detailed opinion of probable construction cost for each bid package. A.3.4 REVIEW AND REVISIONS TO THE PROPOSED FINAL CONTRACT DOCUMENTS Approximately two (2) weeks after delivery of the proposed final contract documents to OWNER, CONSULTANT will schedule a review meeting with OWNER, so that any changes that may be neeessary to meet the project's budgetary requirements, can be incorporated. These reviews do not include scope changes to the recommended expansion criteria developed in the design report, but only reductions to the overall work effort as necessary to meet the project construction budget. A.3.5 ACCEPTANCE OF FINAL CONTRACT DOCUMENTS Five (5) sets of the final contract documents for each bid package, revised per items addressed under Phase A.3.4, will be forwarded to OWNER for final acceptance prior to bid. A.4 CONSTRUCTION BID SERVICES A.4.1 CONSULTANT will assist OWNER in securing bids and: A.4.1.1 Provide interpretation and clarification of Contract Documents during bidding; A.4.1.2 Assist OWNER in coordination of the bid process with Collier County Purchasing Department including advertisements, publications, Contract Document sales and receipt of bids, as necessary; A.4.1.3 Distribute contract documents during bidding phase to prospective bidders, as necessary; A.4.1.4 Maintain record of prospective bidders to whom bidding documents have been distributed, as necessary; A.4.1.5 Attend pre-bid meeting with prospective bidders; A.4.1.6 Attend the bid opening, assist OWNER in the preparation of the bid tabulation sheets and assist OWNER in evaluating bids or proposals and in assembling and awarding contracts for construction, materials, equipment and services; A.4.1.7 Assist OWNER in evaluating bidder's previous experience, if necessary; A.4.1.8 Prepare and issue addenda as appropriate to interpret or clarify contract documents A.4.1.9 Provide OWNER with a recommendation as to the acceptability of subcontractors, suppliers and other persons and organizations proposed by the bidders for those portions of the work as to which such acceptability is required by the contract documents. A.4.1.10 Provide OWNER with recommendation concerning the acceptability of substitute materials and equipment proposed by bidder(s) when substitution prior to the award of contracts is allowed by the Contract Documents; and, ' AGENDA IT[H NCWRF-30.6-MGD-6 MAY O 8 2001 .~. // A.4.1.11 Provide OWNER with a recommendation to make a contract award, as necessary. A.4.1.12 In the case that construction bids exceed the final CONSULTANT's estimate of probable construction cost by more than ten (10) percent, CONSULTANT will, at its expense, analyze the cause or causes of the overrun and provide suggestions to correct same. A.5 CONSTRUCTION CONTRACT ADMINISTRATION A.5.1 Pre-construction Conference and Progress Meetings Consult with OWNER and Contractors as reasonably required and necessary with regard to construction of the Project, including but not limited to attendance at the pre-construction conference and bi-weekly coordination meetings with OWNER and the Contractor. A.5.2 Contract Interpretation and Clarifications Issue interpretations and clarifications of Contract Documents during construction, and evaluate requests for substitutions or deviations therefrom. Notify OWNER of any such requested deviations or substitutions and when reasonably necessary, provide OWNER with a recommendation concerning same. Prepare work change orders as directed by OWNER. A.5.3 Shop Drawings Review shop drawings, diagrams, iljustrations, catalog data, schedules and samples, the results of laboratory tests and inspections, and other data that Contractors are required to submit for conformance with the design concept of the Project and compliance with the provisions of the Contract Documents. In addition receive and review all items to be delivered by the Contractor(s) pursuant to the Contract Documents, including but not limited to all maintenance and operating instructions, schedules, guarantees, warranties, bonds and certificates of inspection, tests and approvals. CONSULTANT's written comments and recommendations concerning their completeness under the Contract Document. A.5.4 Substantial and Final Completion Reviews Upon receiving notice from the Contractor advising CONSULTANT that the Project is substantially complete, CONSULTANT, shall schedule and, in conjunction with OWNER, conduct a comprehensive inspection of the Project, develop a list of items needing completion or correction, forward said list to the Contractor and provide written recommendations to OWNER concerning the acceptability of work done and the use of the Project. For the purposes of this provision, substantial completion shall be deemed to be the stage in construction of the Project where the Project can be utilized for the purposes for which it was intended, and where mirror items need not be fully completed, but all items that affect the operational integrity and function of the Project are capable of continuous use. Also, perform final inspection in conjunction with OWNER, and assist OWNER is closing out construction contract, including but not limited to, providing recommendation concerning acceptance of Project and preparing all necessary documents, including but not limited to, lien waivers, Contractor's final affidavit, close-out change order, and final payment application, warranty letters from Contractor, subcontractor and equipment suppliers, as applicable. NCWRF-30.6-MGD-7 A.5.5 Record Drawings Prepare and submit to OWNER upon completion of construction of Project, five (5) sets of signed and sealed record drawings, one (1) set of reproducible record drawing mylars of the work constructed and AUTOCAD disks (current County version), including those changes made during the construction process, using information supplied by the Contractors and other data which can reasonably be verified by CONSULTANT's personnel. A.5.6 Monitor Project Records Monitor all required Project records, including but not limited to delivery schedules, inventories and construction reports. Based upon the Project records, as well as CONSULTANT's observations at the site and evaluations of the data reflected in Contractor's application for payment, CONSULTANT shall render a recommendation to OWNER concerning the amount owed to the Contractor(s) and shall forward the Contractor's application for such amount to OWNER. Such approval of the application for payment shall constitute a representation by CONSULTANT to OWNER, based on observations and evaluations, that: (a) The work has progressed to the point indicated. (b) The work is substantial in accordance with the Contract Documents. (c) The Contractor(s) is (are) entitled to payment in the recommended amount. Also, negotiate with the Contractor(s), the scope and cost of any necessary contract change orders, using as a basis for such negotiations data or other information, emanating from the Contract Documents, including but not limited to the bid sheet, technical specifications, plans, shop drawings, material specifications, and proposed material and labor costs. Prepare, recommend and submit for OWNER's approval such change orders. A.6 DETAILED OBSERVATION A.6.1 Resident Project Representatives CONSULTANT shall provide field observation of the construction to help determine whether the provisions of the Contract Documents are being fulfilled and to reasonably protect OWNERagainst defects and deficiencies in the work of the Contractor. CONSULTANT shall furnish two (2) ful~time (40 hours per week each) Resident Representatives. In addition: A.6.2.1 CONSULTANT, working principally through the Contractor's Superintendent, shall assist the Contractor in the understanding the intent of the Contract Documents; and shall assist in serving as OWNER's liaison with the Contractor. A.6.2.2 CONSULTANT shall verify to the best of its knowledge that tests, equipment and system startup are conducted in the presence of appropriate personnel, and that the Contractor maintains adequate records thereof; and observe, record, and report appropriate details relative to the test procedures and start-up to OWNER and appropriate regulatory agencies. A.6.2.3 CONSULTANT shall keep a diary or log book, recording Contractor hours on the job-site, weather conditions, date relative to questions of Work Directive Changes, Change Orders, or changed conditions, list of job visitors, daily activities, observations in general, NCWRF-30.6-MGD-8 HAY O 8 2001 observations in more detail as in the case of observing test procedures. CONSULTANT will maintain a separate set of record drawing mark-ups in addition to the contractor's efforts. A.6.2.4 CONSULTANT shall provide a photographic record of the construction, beginning with pre construction documentation and completing with post-construction photographs. Photographs will be snapshot type taken to define the progress of the project and unusual or important construction events as deemed necessary. Cost of photographs shall be reimbursed under Task A.7.8. A.6.2.5 CONSULTANT shall participate in the Contractor's start-up and training tasks as required in the Specifications. It is anticipated that the Resident Project Representatives will assist OWNER in establishing the schedule and venue for the training sessions. A.6.3 SPECIALTY INSPECTIONS CONSULTANT will furnish the services of Specialty Inspectors (Instrumentation, Electrical, Structural, Geotechnical, etc.) on an as needed basis. A.7 ADDITIONAL SERVICES A.7.1 OPERATIONS MANUAL UPDATE Update the existing NCWRF Operations Manual as follows: (a) Each section of the Operations Manual shall contain single-colored process schematics and diagrams for Operator reference. Isometric diagrams shall also be utilized when necessary to provide better understanding of the process. (b) Five (5) draft copies of the Operation Manual shall be submitted to OWNER for their review and comment. (c) Based upon review comments received, the Operations Manual will be updated. (d) Five (5) copies of the final operations manual will be provided to OWNER. A.7.2 OPERATOR TRAINING CONSULTANT will provide meetings with the facilities operational staff to review operational data, observe trends and correlate system performance observations with collected operational data. This task will focus on optimizing system performance, and reduce operational costs. Training shall be furnished through verbal communications and through workshops held on site. Four workshops are assumed. A.7.3 PROCESS STARTUP ASSISTANCE Provide one Operations and Maintenance (O&M) Specialist experienced in plant startups to oversee the startup activities of the new treatment facilities on an as-needed basis. Theresponsibilities of the C)&M Specialist may include: A.7.3.1 Review of Contractor's cleaning, testing, and startup procedures. A.7.3.2 Review and approval of Contractor's component and system tests. NCWRF-30.6-MGD-9 NO ._~ (.j...~'" MAY 0 8 2001 A.7.3.3 A.7.3.4 A.7.3.5 A.7.3.6 A.7.3.7 Review designed system for operability and maintenance. Coordinate initial operations with OWNER and the Resident Project Representative. Recommend to OWNER the acceptance of equipment and/or systems. Recommend and establish operating procedures for all systems and process. Review, observe and accept startup procedures to verify that proposed protocol is in conformance with the intent of the Contract Documents. A.7.4 PERMITTING SERVICES A.7.4.1 CONSULTANT will prepare and submit, no later than the Consent Order date of January 16, 2002, the necessary construction permit applications pertaining to the NCWRF expansion to 30.6-mgd MMADF. The scope of this project includes the following: A.7.4.1.1 Florida Department of Environmental Protection (FDEP) A.7.4.1.2 South Florida Water Management District (SFWMD) A.7.4.1.3 Site Development Plan (SDP) A.7.4.2 CONSULTANT will meet with the jurisdictional agencies noted in Phase A.7.4.1 to achieve issuance of necessary construction permits. It is assumed that the OWNER shall pay all County permit fees by interdepartmental transfer; and OWNER shall pay all other fees through a separate line item on this task order. If additional permits are required, CONSULTANT shall notify OWNER to establish schedule for additional fees, as necessary. A.7.5 SURVEYING Surveying of the treatment facility area to establish baseline conditions for the Design Report, as well as control of hydraulic points and miscellaneous items during construction. A.7.6 LABORATORY TESTING AND GEOTECHNICAL SERVICES Laboratory testing and geotechnical work associated with the characterization of soils for structural design and laboratory testing of materials during construction. A.7.7 REPRODUCTION Reproduction costs for additional copies of reports and contract ddcuments in addition to the quantity required in Phases A.1 through A.7 above. A.7.8 PHOTOGRAPHS Miscellaneous expenses including project photographs. NCWRF-30.6-MGD-10 A.7.9 POSTAGE Postage and other miscellaneous correspondence related items in addition to the quantity required in Phases A.1 through A.7 above. A.7.10 1-YEAR OPERATIONS FOLLOW-UP SERVICES CONSULTANT shall provide technical support to OWNER, on an as requested by OWNER basis, for the startup and operation of facilities for a period of up to one year after final completion and acceptance of the project. Fees for this effort shall be as noted in Phase A.0.1. A.7.11 SYSTEM INTEGRATION ASSISTANCE CONSULTANT shall provide technical support and engineering assistance to OWNER, on anas- needed basis, for upgrades to the existing plant monitoring and control hardware and software systems. At the discretion of the OWNER, CONSULTANT shall provide complete system integration services including, but not limited to, database software procurement and installation, hardware/software upgrades, database configuration, display development, alarm and data reporting development, network configuration, and related technical services associated with integration and expansion of the hardware and software systems to incorporate the expanded wastewater treatment plant and related telemetry systems into the existing control and information system. Fees for this effort shall be as noted in Phase A.0.1. END OF SCHEDULE A NCWRF-30.6-MGD-11 NAY 0 8 2001 SCHEDULE B - ATTACHMENT A FEES FOR BASIC SERVICES Task A.1 A.2 A.3 A.4 A.5 Description Original Amend. 1-7 Amend. 8 Total Design Report $ 110,000 $ 12,220 $ 115,000 $ 237,220 Predesign $ 585,000 $ 37,110 $ 820,000 $ 1,442,110 Final Design $ $ 1,038,075 $ 860,000 $ 1,898,075 Bid Services $ $ 76,800 TBD* $ 76,800 Contract Administration $ $ 433,440 TBD* $ 433,440 Subtotal $ 695,000 $ 1,597,645 $ 1,795,000 $ 4,087,645 * = The To Be Determined areas will be negotiated in FY 02, and will result in increases to the subtotal lines and total Professional Services Agreement. COLLIER COUNTY NCWRF EXPANSION TO 30.6-MGD MMADF SCHEDULE B -ATTACHMENT B FEE SCHEDULE Professional Principal/Senior Project Manager Project Manager Senior Utility Engineed Chief Engineer Senior Engineer Engineer Engineer Senior Designer Designer Senior Planner Planner Senior Technician Senior Inspector Inspector Technician Other Professional Surveyor 2 person field crew 3 person field crew Hydrologist Ecologist Environmental Specialist Structures Geotechnical Support Administrative Assistant, Secretary Clerical, other support Credentials P.E. P.E. P,E. P.E. E.I.T. P.E. A. LC.P. or P.E. P.L.S. Professional Geologist Certified Ecologist Professional Wetlands Scientist P.E. (Structures) P.E. Fee Schedule $ 130 - 150/hr. $ 95- 130/hr. $ 135- 140/hr $ 95-110/hr $ 79- 941hr $ 60- 75/hr $ 78- 99/hr $ 63- 78/hr $ 79- 94/hr $ 60- 75/hr $ 54- 60/hr $ 65- 85/hr $ 55- 65/hr $ 54- 60/hr $ 60- 75/hr $ 75- 85/hr $ 85- 95/hr $ 70- 80/hr $ 60- 75/hr $ 60- 75/hr $ 79-110/hr $ 79-110/hr $ 48- 63/hr $ 38- 53/hr Boca:SCH-B-B-fOMGD HAY 0 8 200i Task A.6 A.7 A.7.1 A.7.2 A.7.3 A.7.4 A.7.5 A.7.6 A.7.7 A.7.8 A.7.9 A.7.10 A.7.11 A.7.12 A.7.13 A.7.14 A.7.15 A.7.16 A.7.17 A.7.18 A.7.19 COLLIER COUNTY NCWRF EXPANSION TO 30.6 MGD MMADF SCHEDULE B - ATTACHMENT C FEES FOR ADDITIONAL SERVICES (INCLUDING DETAILED OBSERVATION) Description Original Amend. 1 - 7 Amend. 8 Detailed Observation $0 $1,089,520 TBD* Additional Services O&M $0 $83,900 TBD* Training $0 $24,400 TBD* Startup $0 $30,500 TBD* Permitting $10,000 $23,000 $10,000 Surveying $25,000 $5,000 TBD* Geotech $10,000 $35,000 TBD* Reproduction $5,000 $15,000 TBD* Photos $0 $4,000 TBD* Postage $0 $5,000 TBD* 1-year followup services $0 $50,000 TBD* System Integration $0 $287,120 TBD* SRF Loan Assistance $0 $110,000 TBD* Warranty Follow-Up Services $0 $20,000 TBD* Hypo Design Mods $0 $76,110 $0 Odor Control Design Mods $0 $72,500 $0 Blower Control Design Mods $0 $6,320 $0 Partnering $0 $800 TBD* VE Review $0 $0 $55,000 Independent Cost Estimates $0 $0 $35,000 Subtotal (Tasks A.6 and A.7) Total $1,089,520 $83 900 $24 4OO $3o 5oo $43 000 $30 000 $45 000 $2O 000 $4,OOO $5,000 $5O,OOO $287,120 $110,000 $2o,ooo $76,110 $72,5O0 $6,320 $8oo $55,000 $35,ooo $50,000 $1,938,170 $100,000 $2,088,170 * = The To Be Determined areas will be negotiated in FY 02, and will result in increases to the subtotal lines and total Professional Services Agreement. EXECUTIVE SUMMARY AMEND PROFESSIONAL SERVICES AGREEMENT WITH HOLE MONTES FOR ENGINEERING SERVICES RELATED TO FLOW EQUALIZATION TANK(S) AT THE SOUTH COUNTY WATER RECLAMATION FACILITY, RFP 93-2121, PROJECT 73949 OBJECTIVE: To provide professional engineering services for a flow equalization system to equalize peak hourly flows at the South County Water Reclamation Facility (SCWRF). CONSIDERATIONS: Hole Montes, Inc. is the County's .engineering consultant on the current SCWRF Expansion project. Staff recommends adding flow equahzat~on system at the SCWRF as a proactive measure to ensure that the facility will have adequate capacity to properly treat and dispose of projected peak season sewer flows in advance of the on-going expansion. To meet that schedule, design must cmranence immediately. The proposed plan is to have one flow equalization tank completed for manual operation in-time for the upcoming 2001-2002 peak season. A fully-automatic flow equalization system will be completed and ready for use approximately one-year later. Staff has negotiated the proposed scope and compensation as provided in Amendment 12 to the Professional Services Agreement (copy attached). This Amendment includes design, bidding services, construction contract administration, detailed observation, start-up and follow-up services. The scope is more fully detailed in the attached Amendment to the Professional Services Agreement scope of services. Consultant fees associated with this Amendment total $368,000. A summary of total fees previously approved and proposed are as follows: Fees Original Agreement 247,000 Amendment 1 322,700 Amendment 2 582,000 Amendment 3 218,000 Amendment 4 2,016,000 Amendment 5 62,308 Amendment 6 41,388 Amendment 7 116,000 Amendment 8 82,000 Amendment 9 99,500 Amendment 10 995,000 Amendment 11 (proposed) 640,000 Amendment 12 (proposed) 368,000 Total $5,789,896 Scope of Services Preliminary Report, Conditional Use Design Report, Disinfection Design Deep Injection Well Reuse Master Plan, Lakewood Design WWTF design, permits, bid and construct SRF Coordination and Administration Post-construction SRF Administration Re-Rate Permitted Capacity Tank Assessment, Additional Support Services Royal Palm Irrigation PS, Weather Delays Expand to 12 mgd MMADF Expand to 16-mgd MMADF Flow Equalization FISCAL IMPACT: A budget amendment is needed to transfer funds in the amount of $368,000 from Wastewater Capital Reserves to project 73949. Source of funds is Impact Fees. AGENDA IT£M _ HAY 0 8 2001 PG. / . Executive Summary Approve Amendment to Professional Services Agreement, RFP 93-2121 Page 2 GROWTH MANAGEMENT IMPACT: This work will have no impact on growth management. RECOMMENDATIONS: That the Board of County Commissioners, as the Ex-Officio governing board of the Collier County Water-Sewer District, approve and authorize Chairman to execute Amendment 12 to the Professional Services Agreement with Hole, Montes, Inc., and approve the necessary budget amendment. SUBMITTED BY: ~~ Date: Karl W. Boyer, P.E., Utilities Engineering Senior Project Manager Date: 4b¢/o/ Date: Attachments: SCWRF Expansion Amendment 12 (5 originals for signature) HAY 0 8 2001 SOUTH COUNTY REGIONAL WASTEWATER TREATMENT PLANT EXPANSION AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT This Amendment No. 12 to the Agreement dated March 15, 1994 (hereinafter "AGREEMENT") is made and entered into this day of , 2001, by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida and Governing Board of the Collier County Water-Sewer District (hereinafter referred to a§ the "OWNER") and Hole Montes, Inc., a Florida corporation, authorized to do business in the State of Florida whose business address is 950 Encore Way, Naples, Florida 34110 (hereinafter referred to as the "CONSULTANT"). WITNESSETH WHEREAS, OWNER and CONSULTANT currently have a valid professional services agreement for the provision of professional services for the South County Regional Wastewater Treatment Plant Expansion (hereinafter referred to as "PROJECT"), said services more fully described in said AGREEMENT; and WHEREAS, OWNER and CONSULTANT agree some modifications to the services being contemplated under said AGREEMENT are necessary; and WHEREAS, CONSULTANT represents that he has the expertise and the type of professional services that will be required for completion of the project. NOW, THEREFORE, in consideration of the mutual covenants and provisions contained herein, parties agree as follows: ARTICLE ONE 1.1 CONSULTANT shall provide to OWNER professional engineering services in all phases of the project to which this Amendment applies. 1.2 CONSULTANT shall provide professional services in addition to those as outlined in said AGREEMENT as noted in Schedule A of this Amendment, as attached hereto. ARTICLE TWO 2.1 OWNER agrees to compensate CONSULTANT for services rendered hereunder as prescribed in Schedule B, entitled "Basis of Compensation", as outlined in said AGREEMENT with the modifications to Attachments A and C to said AGREEMENT which are attached hereto and made a part hereof. AMENDMENT NO. 12 pagel of 2 ARTICLE THREE 3.1 The schedule for said Project, shall be as shown in said agreement with modifications as shown in the revised Schedule C as attached hereto. ARTICLE FOUR 4.1 All articles of said AGREEMENT, as amended, shall remain in full force and effect, and shall not be modified by this Amendment. IN WITNESS WHEREOF, the parties hereto have executed this Amendment to Professional Services Agreement for professional engineering services for the South County Regional Wastewater Treatment Plant Expansion the day and year first written above. A~ DWIGHT IL BROCK, BY: Deputy Clerk BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER- SEWER DISTRICT. By: JAMES D. CARTER, Ph.D. , Chairman Approved as to form and legal sufficiency: ,~,ssistant County Attorney Witness HOLE MONTES, INC. By: //~--~//~ ~ Ronald E. Benson, Jr., Ph.D., P.~. Senior Vice President (CORPORATE SEAL) AMENDMENT NO. 12 page2 of 2 Revised 4/26/2t01 AGENDA. I T£1~ NO. _ MAY n 8 2001 (8:28 PG.,,. SUPPLEMENT NO. 12 TO SCHEDULE A SCOPE OF SERVICES HMA FILE NO. 2000055 This serves as a supplement and clarification of Schedule A, Scope of Services as provided in the Professional Services Agreement dated March 15, 1994. This project amendment consists of that work that is necessary to design a flow equalization system for the South County Water Reclamation Facility (SCWRF). In order to allow a portion of the flow equalization to be online before the end of December 2001, the project will be divided into two phases. The first phase of the equalization system provides a manually operable flow equalization system in place by December 2001. In order to meet this fast-track schedule, construction procurement for the first phase will need to be on an emergency basis. The second phase consists of building the second of the two flow equalization tanks along with completing the automation and odor control portions of the project. The scope of services is described as follows: Phase V Flow Equalization A.3 Preliminary Design The first phase of the flow equalization system shall be designed for construction as a manually operable system to be placed into startup and service by December 1, 2001. Features to be added after December 2001 include (a) automated operation, (b) an aluminum dome, (c) an odor scrubber system and (d) a washdown system. These additional features will become part of the work that will be constructed as part of the 16 MGD expansion project (Contract Amendment 11). The ultimate flow equalization volume has been estimated by Hole Montes to be 2.5 million gallons. This volume will be confirmed during design. Phase I will consist of one 1.25 million gallon tank with the second tank to be part of the 16 MGD expansion project. o The four aera[ion basins that are being configured for flow equalization usage will be retained as part of the 16 MGD expansion project. These flow equalization basins along with two additional basins will be designed for use during extreme storm events. The two additional dual-use basins will not have the same equalization return piping as the first four basins (return flow would be via existing drain system). 4. The flow equalization tanks will be located to the east of the existing preliminary treatment and aeration tank structures. The tanks' footprint will generally fall within and north of the SCHEDULE A page 1 of 5 AGENDA )TEaMI NO. i(~C/~ .... Revised: 04/2f/0 l~g~..~ ~v~. ~ 2001 existing stormwater retention basin. Phase 1 tank footprint will fall north of the existing stormwater retention basin. Paving, site grading, final site lighting, and landscaping and irrigation will be considered as part of the second phase of the flow equalization project and incorporated into the 16 MGD expansion project. The following brief description of the initial method of operation (Phase I) is envisioned for the flow equalization system: During non-storm events the flow would be bypassed by manually adjusting a slide gate located in the south end of the aeration basin influent channel (or a valve in the pipe feeding the flow equalization basin). This bypass mode would reduce the hydraulic loading to the aeration basins during high periods of flow each day. The bypass flow would be pretreated through the existing mechanical bar screen and vortex grit removal unit. The bypassed flow would flow by gravity into the first (southern) equalization tank. Pump Station 2 would be utilized to return flow fi.om the equalization tank to the preliminary treatment facility. During low flow periods (late night/early morning hours), valves and pumps would be manually activated and controlled to pump from the equalization tank to the preliminary treatment facility. Since each of the existing pumps can pump at approximately 900 to 1,000 gpm, the existing two pumps could be used. Subject to schedule constraints, flow meters will be installed to provide indication (local only) of flow rate and quantity going into and out of the equalization tank. 8. Deliverables: Phase I a. Soil borings and a geotechnical report on soils 'unlaying the site of proposed equalization tanks. b. Site and topographic survey to establish tank locations, meter vaults and limits of construction. c. Eight copies of half-size, 30% design drawings of the first-phase system including confirmation of the equalization volume. A one-day, review workshop with the County and selected contractors will be held to review the documents and receive comments. d. Assist in development of materials lists for the contractor's early procurement of piping, valves and equipment. 9. Deliverables: Phase II ao Eight copies of half-size, 30% design drawings of the second-phase system including confirmation of the equalization volume. A review workshop with the County and the construction manager will be held to review the documents and receive comments. SCHEDULE A page 2 of 5 i-1 Revised: 0z~26/~.'3 ~~00] 1PG. Z,, ........ Eight copies of half-size, 90% construction drawings and technical specifications for the first phase system. A review workshop with the County and the construction manager will be held to review the documents and receive comments. A.4 Final Design Following review of the preliminary Contract Documents with the OWNER, the CONSULTANT will complete the design to incorporate the OWNER'S review comments. 1. Deliverables: Phase I a. Eight copies of half-size, 95% construction drawings and technical specifications for the first phase system. A one-day, review workshop with the County and the construction manager will be held to review the documents and receive comments. b. Final construction drawings and technical specifications for the first-phase system. 2. Deliverables: Phase II a. Final construction drawings and technical specifications for the second-phase system to be incorporated into the final documents for the 16 MGD expansion project. A.6 Contract Administration During the first phase of the project, Hole Montes will provide contract administration, coordination of the work, review of shop drawings and submittals, prepare certification of completion of construction, and prepare record drawings. A.7 Detailed Observation CONSULTANT will provide an on-site representative to monitor construction progress. Additional Services Geotechnical Site Investigation CONSULTANT will obtain the services of a Geotechnical Consultant for the purposes of performing subsurface exploration and providing foundation recommendations for the new structures that are being added with this Contract Amendment. OWNER will reimburse the CONSULTANT for costs associated with coordination with the Geotechnical Consultant in addition to reimbursement of the cost of the Geotechnical Consultant. SCHEDULE A page 3 of 5 Permitting and Approvals Prepare permit applications for the DEP and SFWMD. Attend pre-application meetings with agencies and respond to their comments. We anticipate issuing permit applications to the Florida DEP and theSFWMD. The proposal is based on the County's payment of permit application fees. The schedule is based on approval of Phase 1 as an insubstantial change to the County Site Development Plan. An SDP permit will be applied for as part of the 16 MGD expansion project. CONSULTANT will assist OWNER in obtaining permits and approvals necessary for construction of the project. Surveying CONSULTANT will update site survey as needed for design of the identified improvements to be designed. In addition, CONSULTANT will perform any survey activities specifically requested by the OWNER. O & M Manual CONSULTANT will prepare an O&M Manual for operation of the first-phase system. Operation of the Phase II system will be covered in the O&M Manual for the 16 MGD project. Start-up and Training CONSULTANT will provide assistance during startup and will coordinate training sessions for operational staff. Operational Support CONSULTANT will assist during operation through review of operational data, meetings with operational staff, and provide operational recommendations. Reimbursable Costs CONSULTANT willl be reimbursed for costs incurred on behalf of OWNER that are not provided under other tasks under this contract. This may include reproduction of contract documents for contractors, payment of any fees on behalf of the OWNER and other costs approved by OWNER's representatives. SCHEDULE A page 4 of 5 Revised: 04/16/0M1~8 gl~) ~}OOl I .... Other Assistance CONSULTANT will provide any other assistance that the OWNER may request relative to assisting in placing these improvements into service on a fast-track basis. These services will be requested by OWNER's representatives in writing prior to performance of the work. SCHEDULE A page 5 of 5 SCHEDULE B - ATTACHMENT A Amendment No. 12 SCHEDULE OF FEES FOR BASIC SERVICES PHASE II-A WWTP Disinfection System A.2 A.3 A.4 A.5 A.6 Design Report Preliminary Design Final Design Bidding Services Contract Administration PHASE II-A Royal Palm Irrigation Pump System A.2 A.3 A.4 A.5 A.6 Design Report Preliminary Design Final Design Bidding Services Contract Administration PHASE II-A WWTP Design A.2 A.3 A.4 A.5 A.6 Design Report Preliminary Design Final Design Bidding Services A.5.1 Reclaimed Water PS/Elec Bldg - Equipment A.5.2 Reclaimed Water PS/Elec Bldg - Construction A.5.3 Phase I Improvements Contract Administration A.6.1 Reclaimed Water PS/~lec Bldg - Equipment A.6.2 Reclaimed Water PS/Elec Bldg - Construction A.6.3 Phase I Improvements Current Budget $2,800 $10,300 $3,900 $1,600 $9,700 $500 $5,6OO $1,600 By Owner By Owner $290,000 $750,000 $150,000 $10,000 $15,000 $30,000 $20,000 $120,000 $355,000 Amendment No. 12 $2,800 $10,300 $3,9OO $1,600 $9,7O0 $500 $5,60O $1,600 By Owner By Owner $290,000 $750,000 $150,000 $10,000 $15,000 $30,000 $20,000 $120,000 $355,000 SCHEDULE B - ATTACHMENT A page 1 of 2 Revised 4/26/ PHASE II-C RECLAIMED WATER SYSTEM UPGRADES TO SERVE LAKEWOOD A.2 A.3 A.4 A.5 A.6 PHASE II-D A.2 A.3 A.4 A.5 A,6 PHASE III A.3 A.4 A.6 PHASE IV A.3 A.4 A.6 PHASE V Design Report Preliminary Design Final Design Bidding Services Contract Administration EFFLUENT STORAGE EXPANSION $9,000 $9,000 $52,000 $52,000 $29,000 $29,000 $6,000 $6,000 $44,000 $44,000 Design Report Preliminary Design Final Design Bidding Services Contract Administration EXPANSION TO 12 MGD To Be Determined To Be Determined To Be Determined To Be Determined To Be Determined To Be Determined To Be Determined To Be Determined To Be Determined To Be Determined Preliminary Design Final Design Contract Administration EXPANSION TO 16 MGD $600,000 $200,000 To Be Determined $600,000 $2OO,OOO To Be Determined Preliminary Design Final Design Contract Administration FLOW EQUALIZATION $300,000 $300,000 To Be Determined $300,000 $300,000 To Be Determined A.3 Preliminary Design A.4 Final Design $0 $120,00'0 $0 $80,000 SCHEDULE B - ATTACHMENT A page 2 of 2 SCHEDULE B - ATTACHMENT B CONSULTANT'S EMPLOYEE HOURLY RATE SCHEDULE Principal Engineer VI ........................................................................................... $135.00 per hour Environmental Engineer V ................................................................................... $125.00 per hour Envzronmental Engineer IV .................................................................................. $105.00 per hour Environmental Engineer III ................................................................................... $ Enwronmental Engineer II .................................................................................... $ Environmental Engineer I ..................................................................................... $ Enwronmental Operations Specialist .................................................................... $ Engineer Tech V ................................................................................................... $ Engineer Tech IV .................................................................................................. $ Engtneer Tech III .................................................................................................. $ Engineer Tech II .................................................................................................... $ Engineer Tech I ..................................................................................................... $ Contract Administrator (P.E.) ............................................................................... $ Contract Administrator ......................................................................................... $ Construction Field Representative IV ................................................................... $ Construction Field Representative III ................................................................... $ 90.00 75.00 60.00 70.00 70.00 65.00 60.00 55.00 45.00 85.00 70.00 65.00 55.00 Construction Field Representative II .................................................................... $ 45.00 Construction Field Representative I ...................................................................... $ 35.00 Senior Planner .... ; .................................................................................................. $105.00 Planner .................................................................................................................. $ 70.00 Surveyor V ............................................................................................................ $100.00 Surveyor IV ........................................................................................................... $ 85.00 Surveyor III ........................................................................................................... $ 65.00 Survey Tech IV ..................................................................................................... $ 55.00 Survey Tech III ..................................................................................................... $ 50.00 Survey Tech II ....................................................................................................... $ 45.00 Survey Tech I ........................................................................................................ $ 40.00 2 Man Survey Crew .............................................................................................. $ 85.00 3 Man Survey Crew ................................. , ............................................................ $100.00 GPS Operator ........................................................................................................ $ 65.00 Technician IV ........................................................................................................ $ 45.00 Technician III ........................................................................................................ $ 40.00 per Technician II ......................................................................................................... $ 35.00 per Technician I .......................................................................................................... $ 30.00 per per hour per hour per hour per hour per hour per hour per hour per hour per hour per hour per hour per hour per hour per hour per hour per hour per hour per hour per hour per hour per hour per hour per hour per hour per hour per hour per hour per hour hour hour hour This Fee Schedule is effective for one year from date of the LETTER AGREEMENT. SCHEDULE B - ATTACHMENT B page 1 of l Revised 4/26/2 SCHEDULE B-ATTACHMENT C Amendment No. 12 CONSULTANT'S ESTIMATE OF ADDITIONAL SERVICES (INCLUDING DETAILED OBSERVATION OF CONSTRUCTION) Phase I A. 1 Preliminary Services A. 1.1 Preliminary Engineering Report A. 1.2 Review of Odor Control A. 1.3 Review of Effi. Disinfection A. 1.4 Capacity Analysis Report A. 1.5 Conditional Use Applic. A.1.6 Odor Control Committee Current Amendment Budget No. 12 $172,000 $172,000 Incl. Above Incl. Above Incl. Above Incl. Above $25,000 $25,000 $33,000 $33,000 $35,000 $35,000 Phase II-A WWTP Disinfection System A.7 Detailed Observation $3,700 $3,700 Phase II-A Royal Palm Irrigation Pump Station A.7 A.8 A.9 A. 10 A. 11 A. 12 A. 13 Detailed Observation Investigation/Evaluation Design/Permitting - Pump Station Design/Permitting - Building Bidding Services Cont. Admin/Detailed Observation - Pump Station Cont. Admin/Detailed Observation - Building By Owner By Owner $6,500 $6,500 $22,000 $22,000 $25,000 $25,000 $4,000 $4,000 $18,000 $18,000 $16,000 $16,000 Phase II-A WWTP Design A.7 Phase H-B Detailed Observation A.7.1 Reclaimed Water PS/Elec. Bldg. - Construction A.7.2 Phase I Improvements Deep Injection Well $90,000 $90,000 $265,000 $265,000 A.8 Data Review and System A.9 Design and Construction Permit Applications A.ga Add 2nd Deep Well Design & Permitting A. 10 Well Construction Observation and Testing A. 11 Report A. 12 Operating Permit Application $43,000 $43,000 $90,000 $90,000 $25,000 $25,000 $370,000 $370,000 $36,000 $36,000 $18,000 $18,000 SCHEDULE B - ATTACHMENT C page I of 3 Phase II-C Reclaimed Water System Upgrades to Serve Lakewood A. 13 Detailed Observation $10,900 $10,900 A. 14 Surveying/Easements $23,100 $23,100 A. 15 Permitting $6,000 $6,000 A. 16 Starmp Assistance $5,000 $5,000 Phase II-D Effluent Storage Expansion A. 17 A. 18 A. 19 A.20 Detailed ObserVation Surveying/Easements Permitting Startup Assistance To Be Determined To Be Determined To Be Determined To Be Determined Phase II Additional Services Surveying Permitting/Approvals Reuse Master Plan Reimbursable Expenses Geotechnical Site Investigation Progress Photos Startup Assistance O&M Manual Operational Support Services Warranty Inspection FDEP Operation Permit FDEP SRF Management Structural Analysis of Reuse Tank $30,000 $40,000 $100,000 $10,000 $2,000 $10,000 $40,000 $50,000 $55,000 $18,000 $10,000 $103,696 $60,000 Phase III Expansion to 12 MGD A.7 Detailed Observation To Be Determined Phase III Additional Services Citizen Advisory Committee Surveying Permitting/Approvals Reimbursable Expenses Geotechnical Site Investigation Support Services Coordination with C/M $15,000 $15,000 $25,000 $15,000 $20,000 $45,0O0 $60,0OO To Be Determined To Be Determined To Be Determined To Be Determined $30,000 $40,000 $100,000 $10,000 $2,000 $10,000 $40,000 $50,000 $55,000 $18,000 $10,000 $103,696 $60,000 To Be Determined $15,000 $15,000 $25,000 $15,000 $20,000 $45,000 $60,000 SCHEDULE B - ATTACHM]ENT C page 2 of 3 Revised 4/26/2 I (8~kl~) 8 2001' ~. / ~ Phase IV A.7 Phase IV Expansion to 16 MGD Detailed Observation Additional Services Surveying Permitting/Approvals Geotechnical Site Im/estigation Phase ¥ Flow Equalization A.6 Contract Administration A.7 Detailed Observation Phase V Additional Services Surveying Permitting/Approvals Geotechnical Site Investigation O&M Manual Startup and Training Operational Support Reimbursable Costs Other Assistance To Be Determined $10,000 $20,000 $10,000 $0 $0 $o $o $o $o $o $o $o To Be Determined $10,000 $2o,ooo $1o,ooo $60,000 $40,000 $3,000 $4,000 $5,000 $8,500 $5,000 $7,500 $10,000 $25,000 SCHEDULE B - ATTACHMENT C page 3 of 3 SCHEDULE C Amendment No. 12 PROJECT SCHEDULE PHASE I Preliminary Engineering Report Conditional Use Application Capacity Analysis Report Review Meeting Draft Report Final Report Odor Advisory Panel PHASE II WWTP Disinfection System Design Report Preliminary Design Final Design Bid Services Construction Contract Admin. Detailed ObserVation Permitting/Approvals Royal Palm Irrigation Pump System Design Report Preliminary Design Final Design permitting/Approvals WWTP Design Report Review Meeting - Immediate Actions Review Meeting - Phased Expansion Preliminary Draft Report and Draft Permit Application Final Report and Final Permit Application Complete Complete Complete Complete On-hold Complete Complete Complete Complete Complete Complete Complete Complete Complete Complete Complete Complete Complete Complete Complete On-hold SCHEDULE C page 1 of 4 o.,l(oC, t? Revised 4/26/2 O1 ~ A~ 2001 PG.~ PHASE II Reuse Master Plan Preliminary Draft Report Final Report Deep Injection Well Data Review & Design Analysis Design & Construction Permit Appl. Well Construction Testing Reports Operating Permit Appl. Reclaimed Water System Upgrades Design Report Preliminary Design Final Design Bid Services Construction Contract Admin. Detailed Observation Surveying/Easements Permitting Starmp Assistance Effluent Storage Expansion Design Report Preliminary Design Final Design Bid Services Construction Contract Admin. Detailed Observation Surveying/Easements Permitting Starmp Assistance WW'TP Design Preliminary Design Reclaimed Water PS/Elec. Bldg. Phase I Improvement~ Final Design Reclaimed Water PS/Elec. Bldg. Phase I Improvements Surveying Geotechnical Site Investigation On-hold On-hold Complete Complete Complete Complete Complete Complete Complete Complete Complete Complete Complete Complete Complete Complete To Be Determined To Be Determined To Be Determined To Be Determined To Be Determined To Be Determined To Be Determined To Be Determined To Be Determined Complete Complete Complete Complete Complete Complete SCHEDULE C page 2 of 4 Revised 4/~ PHASE II W'V~FP Construction Phase Services Bid Services Reclaimed Water PS/Elec Bldg Phase I Improvements Construction Contract Administration Reclaimed Water PS/Elec Bldg Phase I Improvements Derailed Observation Reclaimed Water PS/Elec Bldg Phase I Improvements Startup Assistance Reclaimed Water PS/Elec Bldg Phase I Improvements PHASE III WWTP Design Preliminary Design Final Design :,Surveying Geotechnical Site Investigation Citizen Advisory Committee Permitting/Approvals Support Services Coordination with C/M WWTP Construction Phase Services Construction Contract Administration Detailed Observation PHASE IV WWTP Design Preliminary Design Final Design Surveying Geotechnical Site Investigation Permitting/Approvals Complete Complete Complete Complete Complete Complete Complete Complete 120 days after approved minutes of Preliminary Design Kick-off meeting 60 days after approved Preliminary Design 60 days after authorization 90 days after authorization Ongoing during Phase III duration Ongoing during Phase III duration Ongoing during Phase III duration Ongoing during Phase III duration To be determined To be determined 60 days after authorization 60 days after approved Preliminary Design 60 days after authorization 60 days after authorization Ongoing during Phase IV duration WWTP Construction Phase Services Construction Contract Administration Detailed Observation To be determined To be determined SCHEDULE C page 3 of 4 Revised 4/26[00~'~0~1~[ 2001 1PG. PHASE V Flow Equalization Basin - Design Preliminary Design-Phase I Preliminary Design-Phase II Final Design-Phase I Final Design-Phase II Surveying Geotechnical Site Investigation Permitting/Approvals O&M Manual Startup and Training Operational Support Other Assistance 30 days after authorization 90 days after Final Design -Phase I 30 days after Preliminary Design-Phase I 60 days after Preliminary Design-Phase II 30 days after authorization 30 days after authorization 110 days after authorization 200 days after authorization 200 days after authorization 320 days after authorization 320 days after authorization Flow Equalization Basin - Construction Phase Services Construction Contract Administration-Phase I Detailed Observation-Phase I 200 days after authorization 200 days after authorization SCHEDULE C page 4 of 4 Revised 4/2~/20~:~ 1PG. PG.. 2001 EXECUTIVE SUMMARY AMEND PROFESSIONAL SERVICES AGREEMENT RELATED TO THE NORTH COUNTY WATER RECLAMATION FACILITY EXPANSION, CONTRACT 96-2474, FOR FLOW EQUALIZATION TANK(S), iPROJECT 73077 OBJECTIVE: To approve an engineering amendment for professional services for a flow equalization tank(s) to equalize peak flows at the North County Water Reclamation Facility (NCWRF) during the highest peak season. CONSIDERATION: Hazen & Sawyer, P.C., is the County's engineering consultant on the current NCWRF 5-mgd Expansion project. Staff has negotiated scope and fees to have a flow equalization tank(s) on line by the April 10, 2001 Florida Department of Environmental Protection (FDEP) Consent Order compliance deadline of November 1, 2002. In order to meet that date, design must commence immediately. The County is taking a proactive approach, and will have one flow equalization tank completed in manual-mode, ready to equalize peak demands from the upcoming 2001-2002 peak tourist season, by November 1, 2001. A fully-automated flow equalization system will be completed and ready for use, by the FDEP-mandated date of November 1, 2002. This Amendment includes design, bidding services, construction contract administration, detailed observation, start-up and follow-up services to achieve this regulatory- imposed date. The scope is more fully detailed in the attached Amendment to the Professional Services Agreement scope of services. A summary of this Professional Services Agreement to-date is provided as follows: Original Professional Services Agreement Sum of previous Amendments Proposed Amendment Revised Professional Services Agreement $745,000.00 $3,090,815.00 $450,OO0.O0 $4,285,815.00 FISCAL IMPACT: A budget amendment will be necessary to transfer $450,000 from 73948, NCWRF Deep Injection Well, to project 73077, NCWRF Flow Equalization Tank(s) to fund this work. The source of funds is Impact Fees. GROWTH MANAGEMENT IMPACT: This work will have no impact on growth management. RECOMMENDATIONS: That the Board of County Commissioners, as Ex-Officio the Governing Board of the Collier County Water-Sewer District, approve the Amendment to Professional Services Agreement with Hazen & Sawyer, P.C., related to the NCWRF 5-mgd Expansion, Contract 96-2474, for flow equalization tank(s), Project 73077 and approve the necessary Budget Amendment. Executive Summary Approve Amendment To PSA For NCWRF Expansion Page 2 SUBMITTED BY: Peter Schalt, PMP, Project Manager Public Utilities Engineering Department REVIEWED BY: Karl W. Boyer, P.E., Int~'m Director Public Utilities Engineering Department Date: REVIEWED BY: (~ APPROVED BY: ~ Date: J~j[ Cheatham, Wastewater Director Public Works Division ~., .E~.', ~ato~~rDate: Public Utilities Division d,¥to [0 ! Attachment: Copy of Proposed Amendment NORTH COUNTY WATER RECLAMATION FACILITY 5-MGD EXPANSION AMENDMENT NO. 7 TO PROFESSIONAL SERVICES AGREEMENT This Amendment No. 7 to the Agreement dated May 14, 1996 (hereinafter "AGREEMENT") is made and entered into this day of , 20 , by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida and Governing Board of the Collier County Water-Sewer District (hereinafter referred to as the "OWNER") and Hazen & Sawyer, P.C., a New York corporation, authorized to do business in the State of Florida, whose business address is 2101 Corporate Blvd., Boca Raton, Florida 33431 (hereinafter referred to as the "CONSULTANT"). WITNESSETH WHEREAS, OWNER and CONSULTANT currently have a valid professional services agreement for the provision of professional services for the NORTH COUNTY WATER RECLAMATION FACILITY 5-MGD EXPANSION (hereinafter referred to as "PROJECT"), said services more fully described in said AGREEMENT; and WHEREAS, OWNER and CONSULTANT agree some modifications to the services being contemplated under said AGREEMENT are necessary; and WHEREAS, CONSULTANT represents that he has the expertise and the type of professional services that will be required for completion of the project. NOW, THEREFORE, in consideration of the mutual covenants and provisions contained herein, parties agree as follows: ARTICLE ONE 1.1 CONSULTANT shall provide to OWNER professional engineering services in all phases of the project to which this Amendment applies. 1.2 CONSULTANT shall provide professional services in addition to those as outlined in said AGREEMENT as noted in Schedule A of this Amendment, as attached hereto. ARTICLE TWO 2.1 OWNER agrees to compensate CONSULTANT for services rendered hereunder as prescribed in Schedule B, entitled "Schedule of Fees For Basic Services (Schedule B attachment A) and Schedule of Fees For Detailed Observation and Additional Services (Schedule B attachment C)", as outlined in said AGREEMENT with the modifications to Attachments A and C to said AGREEMENT which are attached hereto and made a part hereof. 3.1 ARTICLE THREE The schedule for said Project, shall be as shown in the revised Schedule C as attached hereto. 4.1 ARTICLE FOUR The AGREEMENT, as amended, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment to Professional Services Agreement for the NORTH COUNTY WATER RECLAMATION FACILITY 5-MGD EXPANSION the day and year first written above. ATTEST: (As to Chairman) BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA AND AS EX - OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT By: Dwight E, Brock, Clerk By: James D. Carter, Ph.D., Chairman Approved as to form and legal sufficiency: Assist~r~t Count); Attomey Witness Witness Sawyer, P.C. ,t~//._~c,~~, P' E., Vi ce President By: President SCHEDULE A - SCOPE OF SERVICE NORTH COUNTY REGIONAL WRF 5-MGD EXPANSION CONTRACT AMENDMENT NO. 7 - FLOW EQUALIZATION FACILITIES This document is Contract Amendment No. 7 to our original Professional Services Agreement for the North County Regional Water Reclamation Facility 5-MGD Expansion project dated May 14, 1996. Schedule A of the original PSA is presented below with modifications to accurately define the Scope of Work for engineering services to be provided for NCWRF Flow Equalization Facilities. Schedule A consists of the following phases: A.0 A. 1 A.2 A.3 A.4 A. 5 A.6 A.7 Description of Project Design Report Preliminary Design Final Design Construction Bid Services Construction Contract Administration Detailed Observation Additional Services A.0 DESCRIPTION OF PROJECT This project includes engineering services for the predesign, design, permitting, construction administration / observation, startup, system integration and operational support services of proposed Flow Equalization Facilities at the North County Water Reclamation Facility NCWRF). Fully automated and operational flow equalization facilities will be on-line by November 1, 2002, as required by FDEP Consent Order, OGC Case No. 01-0552-11-DW. If directed by the OWNER following review of the Design Report, design and construction of flow equalization facilities to be operational in "manual" mode will be on-line by November 1, 2001 (not part of FDEP Consent Order). A. 1. DESIGN REPORT Within 14 calendar days after Notice to Proceed, the OWNER will forward to the ENGINEER diurnal flow data. Diurnal flow data will include continuous flow trending graphs printed directly from the NCWRF's SCADA system historian or from circular chart recorders from February 15 through March 15 for the Years 1998, 1999, 2000 and 2001. As an option, the continuous hourly flow data can also be provided as an electronic version in spreadsheet form. Boca: 4243CO52. doc4/'19/O1 The ENGINEER shall use the diurnal flow data provided in Task A.1.1 to create a series of diurnal flow curves. The ENGINEER shall analyze these curves to determine the magnitude and duration of peak flow events. The OWNER and the ENGINEER agree that the primary purpose of flow equalization is to "shave" enough of the maximum daily peak flow period to allow plant processes (aeration basins, clarifiers, filters) to operate within their recommended design parameters. The ENGINEER shall review NCWRF process units to determine amount of the peak flow that should be equalized to protect downstream processes. For example, if it is determined that process units can operate satisfactorily up to 1.8(ADF), then the recommendation would be to equalize the volume of flow received over the duration of time the flow exceeded the maximum rate identified (i.e. 1.8 x ADF, for example). Following receipt of flow data from the OWNER (reference Task A. 1.1 above), the ENGINEER shall present a design report to the COUNTY recommending the magnitude of equalized peak flow as a function of ADF. The design report will receive an in-house QA/QC review pdor to submittal to OWNER. These reviews will consist of comments from senior level staff members to assure compliance with applicable codes and standards. Within 45 calendar days after Notice to Proceed, the design report will be distributed to OWNER (eight copies), approximately 1 week pdor to the scheduling of a review meeting. This review meeting will serve as a forum for receiving and reviewing OWNER input. 7. Based on comments received from OWNER, CONSULTANT will finalize the design report. Eight copies of each will be forwarded to OWNER for final acceptance. A. 2 PRELIMINARY DESIGN Following OWNER approval of the recommended equalized peak flow, the ENGINEER shall prepare a preliminary design of required dedicated equalization system facilities for the following plant capacities (ADF): · Phase h · Phase Ih 13.5 MGD (current expansion) 28.5 MGD (NCWRF buildout) 2. Preliminary design shall include the following: a. Sizing and site layouts for proposed equalization tanks, mixing/aeration equipment, and odor control system. b. Flow schematics and hydraulic profiles for proposed equalization system. c. Proposed equ!pment selection for EQ retum flow pumps, EQ tank mixing/aeration, and odor control system. d. Preliminary electrical design (single-line diagram, MCC's) for proposed equalization facilities. The preliminary design will be distributed to OWNER (eight copies), approximately 1 week prior to the scheduling of a review meeting. This review meeting will serve as a forum for receiving and reviewing OWNER input. Concurrently with Tasks A.2.1 through A.2.3, the CONSULTANT will provide a separate letter report with recommendations regarding the temporary use of one or more of Aeration Basins 4-7 as equalization tanks. Under this concept, excess flow would be diverted to the Aeration Basin(s) dudng peak flow pedods and returned to the existing 8.5 MGD plant through the plant drain system dudng Iow flow pedods. The CONSULTANT will recommend the number of Aeration Basins to be used for equalization, the capacity of the plant drain system, and size/requirements for temporary retum pumping, if required. This temporary use of the Aeration Basins for equalization would be an emergency measure in case the 5-MGD Expansion liquid stream was not forecast to be operational by November 6, 2001. A. 3 PREPARE CONTRACT DOCUMENTS 1. Upon receiving OWNER input of the preliminary design, CONSULTANT will commence with the preparation of contract bidding documents (drawings and technical specifications) for the NCWRF Flow Equalization Project. Improvements shall be designed per the recommended cdteda as presented in the design report and preliminary design developed Boca:4243CO52. doc4/lg/01 2of7 CONSULTANT will hire an independent SUBCONSULTANT to prepare a construction cost estimate of the proposed Flow Equalization Facilities. The construction cost estimate estimate is intended to provide OWNER with an up to date progress estimate of projected probable construction costs, and will be prepared and forwarded to OWNER at the 90 percent design completion stage. CONSULTANT will schedule review meetings with OWNER to receive input at the 60 and 90 percent design completion stages. CONSULTANT, based on comments received from OWNER, will make subsequent revisions to the documents. This task does not include out of scope changes outside of the recommended cdteria developed in the design report and preliminary design. Based on input received from OWNER at review meetings, CONSULTANT will prepare the proposed final (100%) contract documents for bidding. CONSULTANT will conduct a 100 percent completion stage project peer review to provide QNQC of the final contract documents and cost estimate prior to submittal to OWNER. The review will include final interdisciplinary checks, general coordination and constructability issues, and will be conducted by senior level personnel not involved in the day-to-day activities of the project to ensure a "fresh eyes" review. 5. CONSULTANT will furnish OWNER with five (5) sets of proposed final contract documents and five (5) sets of the 100% completion level detailed opinion of probable construction cost. A.4 CONSTRUCTION BID SERVICES CONSULTANT will assist OWNER in secudng bids and: 1. Provide interpretation and clarification of Contract Documents during bidding. 2. Assist OWNER in coordination of the bid process with Collier County Purchasing Department including advertisements, publications, Contract Document sales and receipt of bids, as necessary. 3. Distribute contract docUments during bidding phase to prospective bidders, as necessary. 4. Maintain record of prospective bidders to whom bidding documents have been distributed, as necessary. 5. Attend pre-bid meeting with prospective bidders. Attend the bid opening, assist OWNER in the preparation of the bid tabulation sheets and assist OWNER in evaluating bids or proposals and in assembling and awarding contracts for construction, materials, equipment and services. 7. Assist OWNER in evaluating bidder's previous experience, if necessary. Prepare and issue addenda as appropriate to interpret or clarify contract documents. Provide OWNER with a recommendation as to the acceptability of subcontractors, suppliers and other persons and organizations proposed by the bidders for those portions of the work as to which such acceptability is required by the contract documents. Boca: 4 2 43CO5 2. doc4./'l glO1 3 of 7 10. Provide OWNER with recommendation concerning the acceptability of substitute materials and equipment proposed by bidder(s) when substitution pdor to the award of contracts is allowed by the Contract Documents. 11. 12. Provide OWNER with a recommendation to make a contract award, as necessary. In the case that construction bids exceed the final CONSULTANT's estimate of probable construction cost by more than ten (10) percent, CONSULTANT will, at its expense, analyze the cause or causes of the overrun and provide suggestions to correct same. A.5 CONSTRUCTION CONTRACT ADMINISTRATION Consult with OWNER and Contractors as reasonably required and necessary with regard to construction of the Project, including but not limited to attendance at the preconstruction conference and weekly coordination meetings with OWNER and the Contractor. Weekly meetings may be adjusted to bi-weekly with approval from OWNER. o Issue interpretations and clarifications of Contract Documents dudng construction, and evaluate requests for substitutions or deviations therefrom. Notify OWNER of any such requested deviations or substitutions and when reasonably necessary, provide OWNER with a recommendation concerning same. Prepare work change orders as directed by OWNER. Review shop drawings, diagrams, iljustrations, catalog data, schedules and samples, the results of laboratory tests and inspections, and other data, which Contractors are required to submit for conformance with the design concept of the Project and compliance with the provisions of the Contract Documents. In addition receive and review all items to be delivered by the Contractor(s) pursuant to the Contract Documents, including but not limited to all maintenance and operating instructions, schedules, guarantees, warranties, bonds and certificates of inspection, tests and approvals. CONSULTANT's wdtten comments and recommendations concerning their completeness under the Contract Document. Upon receiving notice from' the Contractor advising CONSULTANT that the Project is substantially complete, CONSULTANT, shall schedule and, in conjunction with OWNER, conduct a comprehensive inspection of the Project, develop a list of items needing completion or correction, forward said list to the Contractor and provide wdtten recommendations to OWNER conceming the acceptability of work done and the use of the Project. For the purposes of this provision, substantial completion shall be deemed to be the stage in construction of the Project where the Project can be utilized for the purposes for which it was intended, and where minor items need not be fully completed, but all items that affect the operational integrity and function of the Project are capable of continuous use. Also, perform final inspection in conjunction with OWNER, and assist OWNER is closing out construction contract, including but not limited to, providing recommendation concerning acceptance of Project and preparing all necessary documents, including but not limited to, lien waivers, Contractor's final affidavit, close-out change order, and final payment application, warranty letters from Contractor, subcontractor and equipment suppliers, as applicable. Prepare and submit to OWNER upon completion of construction of Project, five (5) sets of signed and sealed record drawings, one (1) set of reproducible record drawing mylars of the work constructed and AUTOCAD disks (current County version), including those changes made dudng the construction process, using information supplied by the Contractors and other data which can reasonably be verified by CONSULTANT's personnel. Boca: 4 2 43CO52.doc4/19/01 4 of 7 Monitor all required Project records, including but not limited to delivery schedules, inventories and construction reports. Based upon the Project records, as well as CONSULTANT's observations at the site and evaluations of the data reflected in Contractor's application for payment, CONSULTANT shall render a recommendation to OWNER concerning the amount owed to the Contractor(s) and shall forward the Contractor's application for such amount to OWNER. Such approval of the application for payment shall constitute a representation by CONSULTANT to OWNER, based on observations and evaluations, that: (a) (b) (c) The work has progressed to the point indicated. The work is substantial in accordance with the Contract Documents. The Contractor(s) is (are) entitled to payment in the recommended amount. Aisc, negotiate with the Contractor(s), the scope and cost of any necessary contract change orders, using as a basis for such negotiations data or other information, emanating from the Contract Documents, including but not limited to the bid sheet, technical specifications, plans, shop drawings, material specifications, and proposed material and labor costs. Prepare, recommend and submit for OWNER's approval such change orders. A.6 DETAILED OBSERVATION A.6.1 Resident Observer CONSULTANT shall provide field observation of the construction to help determine whether the provisions of the Contract Documents are being fulfilled and to reasonably protect OWNER against defects and deficiencies in the work of the Contractor. One (1) full-time (forty hours per week for 15 months) Construction observer will be provided. CONSULTANT, working principally, through the Contractor's Superintendent, shall assist the Contractor in the understanding the intent of the Contract Documents; and shall assist in serving as OWNER's liaison with the Contractor. CONSULTANT shall verify to the best of its knowledge that tests, equipment and system startup are conducted in the presence of appropriate personnel, and that the Contractor maintains adequate records thereof; and observe, record, and report appropriate details relative to the test procedures and start-up to OWNER and appropriate regulatory agencies. CONSULTANT shall keep a diary or Icg book, recording Contractor hours on the job-site, weather conditions, date relative to questions of Work Directive Changes, Change Orders, or changed conditions, list of job visitors, daily activities, observations in general, and specific observations in more detail as in the case of observing test procedures. o CONSULTANT shall provide a photographic record of the construction, beginning with preconstruction documentation and completing with post-construction photographs. Photographs will be snapshot type taken to define the progress of the project and unusual or important construction events as deemed necessary. Cost of photographs shall be reimbursed under Task A.7.8. OWNER in establishing the schedule and venue for the training sessions. CONSULTANT shall participate in the Contractor's start-up and training tasks as required in the Specifications. It is anticipated that the Resident Project Representative will assist 5 of 7 Boca: 4 2 43CO52.doc4/l g/01 A.6.3 SPECIAL INSPECTIONS CONSULTANT will furnish the services of Speciality Inspectors (Instrumentation, Electrical, Structural, Geotechnical, etc.) on an as needed basis. A. 7 ADDITIONAL SERVICES A.7.1 OPERATIONS MANUAL UPDATE Update the existing NCWRF Operations Manual as follows: (a) Five (5) draft copies of the Operation Manual shall be submitted to OWNER for their review and comment. (b) Based upon review comments received, the Operations Manual will be updated. (c) Five (5) copies of the final operations manual will be provided to OWNER. It is anticipated that this effort will not exceed a total of 100 hours. A.7.2 SYSTEM STARTUP AND OPERATOR TRAINING CONSULTANT will supervise system startup and conduct operator training on an as needed basis. It is anticipated this effort will not exceed a total of 40 hours. A.7.3 PROCESS STARTUP ASSISTANCE Provide one Operations and Maintenance (O&M) Specialist experienced in plant startups to oversee the startup activities of the new treatment facilities on an as-needed basis. It is anticipated that this effort will not exceed a total of 40 hours. A.7.4 PERMITTING SERVICES 1. CONSULTANT will prepare and submit all necessary construction permit applications pertaining to the NCWRF 5-mgd Expansion. The scope of this project includes the following: · Flodda Department of Environmental Protection (FDEP) South Flodda Water Management District (SFWMD) · Site Development Plan (SDP) CONSULTANT will meet with the jurisdictional agencies noted in Task A.7.4.1 to achieve issuance of necessary construction permits. It is anticipated that this effort will not exceed a total of 160 hours. If additional permits are required, CONSULTANT shall notify OWNER to establish schedule for additional fees, as necessary. CONSULTANT will pay for all permitting fees. A fee allowance of $8,000 is included for this task. A. 7.5 SURVEYING Surveying of the treatment facility area to establish baseline conditions, as well as control of hydraulic points and miscellaneous items dudng construction. It is anticipated that this effort will not exceed the $5,000 noted on Schedule B, Attachment C. Boca: 4 2 43CO52.doc4/19,/O ~ 6 of 7 A.7.6 LABORATORY TESTING AND GEOTECHNICAL SERVICES Laboratory testing and geotechnical work associated with the characterization of soils for structural design and laboratory testing of materials during construction. It is anticipated that this effort will not exceed a total fee of $5,000. A.7.7 REPRODUCTION Reproduction costs for additional copies of reports and contract documents in addition to the quantity required in Phases A.1 through A.7 above. It is anticipated that this effort will not exceed a total fee of $5,000 as noted on Schedule B, Attachment C. A.7.8 PHOTOGRAPHS Miscellaneous expenses including project photographs. It is anticipated that this effort will not exceed a total of $2,000. A.7.9 POSTAGE Postage and other miscellaneous correspondence related items in addition to the quantity required in Phases A.1 through A.7 above. It is anticipated that this effort will not exceed a total fee of $2,000. A.7.11 SYSTEM INTEGRATION ASSISTANCE CONSULTANT shall provide technical support and engineering assistance to OWNER, on an as- needed basis, for upgrades to the existing plant monitoring and control hardware and software systems. At the discretion of the OWNER, CONSULTANT shall provide complete system integration services including, but not limited to, database software procurement and installation, hardware / software upgrades, database configuration, display development, alarm and data reporting development, network configuration, and related technical services associated with integration and expansion of the hardware and software systems to incorporate the expanded wastewater treatment plant and related telemetry systems into the existing control and information system. It is anticipated that this effort will not exceed a total of 120 hours. END OF SCHEDULE A Boca: 42 43CO52. doc4/19/O'l 7 of 7 ~w ~° O0 o~ LI, I ,,-, 2 IiO LLI ~ lo ~"nn~ I-, o EXECUTIVE SUMMARY ACCEPTANCE OF CONVEYANCE DOCUMENTS FOR SEWER UTILITY FACILITIES WITHIN THE EAGLE CREEK SUBDIVISION OBJECTIVE: Obtain Board of County Commissioners, as the ex-officio Board of the Collier County Water-Sewer District (CCWSD), acceptance of final conveyance documents of the sewer facilities located within the Eagle Creek Subdivision. CONSIDERATIONS: On April 29, 1998 the County and Eagle Creek entered into a Settlement Agreement regarding the provision of sewer service to the Eagle Creek Development. The settlement agreement was amended and approved by the Board of County Commissioners on March 9, 1999 and the County assumed sewer service responsibility on or about October 1, 1999. In compliance with the agreement Eagle Creek and the County worked together to identify all real and personal property that form any part of the collection system that is necessary for the purposes of providing wastewater service to the Eagle Creek PUD as well as the associated areas. All associated easements were identified by the County and are included. FISCAL IMPACT: The sewer facilities were constructed without cost to the Collier County Water-Sewer District. Monthly user revenues will pay the cost of operating and maintaining the sewer facilities. GROWTH MANAGEMENT IMPACT: The South County Wastewater Facilities were designed and constructed with the intent of serving the Eagle Creek Development. Another sewer treatment package plant has been taken offiine and the counties regional sewer system serves this development; capacity presently exists to serve this project. RECOMMENDATION: - Staff recommends that the Board of Commissioners approve the acceptance of the conveyance documents that finalize the Eagle Creek Settlement Agreement and authorize the Chairman to execute the documents and authorize staff to record said documents in the Public Records of Collier County, Fl. PREPARED BY: REVIEWED BY: Ann Marie Saylor, Adrn~strative Assistant II j~~V~~strator Date Date ~& ITtr~ MAY 0 8 2001 PG..._.~ UTILITY EASEMENT THIS EASEMENT, granted this (~__q~day of /~/~ F'~ ~ , 200,~by EAGLE CREEK PROPERTIES, INC., a Florida Corporation, EAGLE CREEK UTILITY COMPANY II, INC., a Florida Corporation, EAGLE CREEK COMMLrNITY ASSOCIATION, INC., a Florida Corporation, (EAGLE CREEK) as Grantor, to the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, its successors and assigns, as Grantee. WITNESSETH: That the Grantor for and in consideration of the sum often dollars ($10.00) and other valuable consideration paid by the Grantee, receipt of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, its successors and assigns, a perpetual, non-exclusive easement, license, and privilege to enter upon and to install and maintain utility facilities, in, on, over and under the following described lands being located in Collier County, Florida, to wit: (See Exhibits A, B, C, D, E, F, and G attached hereto and incorporated by reference herein.) TO HAVE AND TO HOLD the same unto the Grantee and its assigns, together with the right to enter upon said land, excavate, and take materials for the purpose of constructing, operating, and maintaining utility facilities thereon. Grantor and Grantee are used for singular or plural, as the context requires. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. WITNESSES: PRINT N~ OF ~SS EAGLE CREEK PROPERTIES, INC., a Florida Corporation By: D , Presidem No. HAY 0 8 2001 PRINT NAME OF WITNESS WITNESSES: EAGLE CREEK UTILITY II, INC., Corporation By: ,.~vid J. Ara%t;; President a Florida WITNESSES: PRINT NAME OF WITNESS PRINT NAME OF WITNESS EAGLE CREEK COMMUNITY ASSOCIATION, INC., a Florida Corporation By:~vid J. ~fiico, President STATE OF FLORIDA COUNTY OF COLLIER The foregoing Utility Easement was acknowledged before me by, David J. Amico, President of Eagle Creek Properties, Inc., Eagle Creek Utility Company II, Inc., Eagle Creek Community Association, Inc., a Florida Corporation, on behalf of the corporations, personally known ~ or produced identification. Type of identification produced: Witness my hand and official seal this ( ~ day of [~-'C~.'~-c.~', ,2001[. Notary Public (Affix notary seal) My Commission Expires: Notary Printed Name !I~'~'~ ~c~.ss,o..cc ~ ii !1~ EX"IRES: January 1§, 2005 I! NO. i~ HAY 0 8 2001 P~. ,5' Approved as to form & legal sufficiency Thomas C. Paltner, Assista]a~ County Attomey Prepared by: John A. Nold, P.A. 995 N. Collier Boulevard Marco Island, FL 34145 By: James D. Carter, PhD, Chairman .o. ~, MAY 0 8 2001 EXHIBIT "A" Eagle Creek Summary of Tracts and Phases Phase I - Approximately 2,903 linear feet of 4", 6" and 8" force mains w/thin platted road right-of-way, as shown on Plat Book 14, Pages 1-5. 100% County ownership, Lease in place. Phase II - Approximately 440 linear feet of 8" gravity sewer main, 1,080 linear feet 4" force main and lift station ".C" within platted road right-of-way and designated easements, as shown on Plat Book 14, Pages 1-5. 100% County ownership, Lease in place. Phase Ul - Approximately 450 linear feet of 4" force main with/n platted road right-of- way, as shown on Plat Book 14, Pages 1-5. 100% County ownership, Lease in place. Tract A 8 multi-family buildings with a total of 15 units. Approximately 160 linear feet of 6" force main and 753 linear feet of 8" gravity sewer main within designated easement as shown on OR Book 1316, Pages 441-5, and on Exhibit "E" 100% County Ownership of force main and gravity sewer mains upon conveyance. Tract B-2 - 5 multi-family buildings with a total of 39 units. Approximately 320 linear feet of 8" gravity sewer main w/thin designated easement as shown on Exhibit "F". 100% County Ownership of gravity sewer mains upon conveyance. Tract B-3 and Tract B-4 - Tract B-3 consists of 3 multi-family buildings w/th a total of 29 units. Tract B-4 consists of 2 multi-family buildings w/th a total of 24 un/ts. Approximately 190 linear feet of 4" fo}ce main, 895 linear feet of 8" gravity sewer main, and lift stations "B" w/thin designated easements as shown on OR Book 1239, Pages 1805-7 and on Exhibit "F". 100°,/o County ownership of Force Main and Lift Station "B", Lease in place, and 100% County Ownership of gravity sewer mains upon conveyance. Tract B-5 (now Stonegate, Phases I & H) Phase I consists of 2 multi-family buildings w/th a total of 32 units. Phase II consists of 2 multi-family buildings w/th a total of 18 units, and a pool. Approximately 733 linear feet of 8" gravity sewer main w/thin designated easement as shown on Exhibit "F". 100% County Ownership of gravity sewer mains upon conveyance. Tract C - 16 multi-family buildings with h total of 77 un/ts. Approximately 2,095 linear feet of 8" gravity sewer mains w/thin road right-of-way and designated easements, as shown on OR Book 1175, Pages 652-5. 100% County Ownership of gravity sewer mains upon conveyance. 0 8 2001 PG. ~ Exhibit "A" Eagle Creek Summary of Tracts and Phases Page 2 Tract D - 70 single family lots. Platted. Approximately 45 linear feet of 4" force main, 2,838 linear feet of 8" gravity sewer mains, and lift station "D" within platted road right- of-way and designated easements, as shown on Plat BOok 16, Pages 32-4 and on OR Book 1454, Pages 1931-2. 100% County 'Ownership of gravity sewer mains, force main and lift station 'D' upon conveyance. Tract E - 38 single family lots. Not platted. Approxlmately 128 linear feet of 4" force main, 1,772 linear feet of 8" gravity sewer mains, and lift station "E" within road right- of-way and designated easements, as shown on OR Book 1175, Pages 629-32. 100% County Ownership of gravity sewer mains, force main and lift station "E' upon conveyance. Tract F - 26 single family lots. Platted. Approximately 65 linear feet of 4" force main, 1,138 linear feet of 8" gravity sewer mains, and lift station "F within platted road right- of-way and designated easements, as shown on Plat Book 14, Page 60. 100% County Ownership of gravity sewer mains, force main and lift station 'F" upon conveyance. Tract G - 21 single family lots. Platted. Approximately 849 linear feet of 8" gravity sewer mains within platted road right-of-way and designated easements, as shown on Plat Book 15, Page 49 and OR Book 1417, Pages 1919-22. 100% County Ownership of gravity sewer mains upon conveyance. Tract M Waterford Bridge Approximately 385 linear feet of 4" force main to serve Tracts M-1 and M-2 Crystal Lake Terrace and 376 linear feet of 6" force main to serve the commercial site_ (Shops of Eagle Creek) within designated easements, as shown on OR Book 1440, Pages 819-21 and OR Book 1440, Pages 1608-9. 100% County ownership of force mains upon conveyance. Tract M-1 Crystal Lake Terraces - 4 multi-family buildings with a total of 48 units and a pool. Approximately 881 linear feet of 8" gravity sewer mains, 225 linear feet of 4" force main, 370 linear feet of 6" force main, and lift station "M", as shown on Plat Book 28, Pages 72-4 and on OR Book 1440, Pages 815-8. 100% County Ownership of gravity sewer mains, force main and lift station "M" upon conveyance. , ~l~MOi HAY 8 2001 PG. Exhibit "A' Eagle Creek Summary of Tracts and Phases Page 3 Tract M-2 Crystal Lake Terraces - 3 multi-family buildings with a total of 44 units. As-built drawings state private ownership of on-site sewer facilities. Approximately 386 linear feet of 8" gravity sewer mains within designated easements as shown on Exhibit 100% County Ownership of gravity sewer mains upon conveyance. Shops of Eagle Creek (Commercial Site) As-built drawings state private ownership of on-site sewer facilities. All on-site gravity sewer mains, force mains, and lift station facilities within commercial tract to remain private, and not to be conveyed to the County in this instrument but may be separately conveyed, unless specifically conveyed by Eagle Creek Commercial Company, Inc., a Florida corporation. Tract L - Clubhouse All on-site gravity sewer mains within Clubhouse tract to remain private, and not to be conveyed to the County. Force Main to Interim Sewer Treatment Plant ' No As-built drawings on file. Approximately 2,200 linear feet of 8" and 10" force mains within designated easement, as shown on Plat Book 14, Pages 1-5. 100% County ownership of force mains upon conveyance. HAY 0 8 2001 EXHIBIT "B" FORMAL ACCEPTANCE OF THF~ FOLLOWING IYFILITY EASEMENTS AND EXHIBITS THAT WERE PREVIouSLY GRANTED TO THE COLLIER COUNTY WATER-SEWER DISTRICT AND RECORDED IN THF~ PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AND TO BE RETROACTIVE TO ~ DATE OF EACH RESPECTIVE EASEMENT DOCUMENT ORBOOK 1440, PAGES 819-21: AMENDED EASEMENT (TRACT M - WATERFORD BRIDGE) OR BOOK 1440, PAGES 1608-9: DEDICATION OF NONEXCLUSIVE EASEMENT FOR WATER AND SEWER FACILITIES (TRACT M - WATERFORD BRIDGE) OR BOOK 1454, PAGES 1931-2: DEDICATION OF NONEXCLUSIVE EASEMENT FOR WATER AND SEWER FACILITIES (TRACT D - FM BETWEEN PLAT AND EXISTING EASEMENT OF 8" FM TO PLANT ) OR BOOK 1440, PAGES 815-6: DEDICATION OF NONEXCLUSIVE EASEMENT FOR WATER AND SEWER FACILITIES (TRACT M - 1) OR BOOK 1440, PAGES 817-8: DEDICATION OF NONEXCLUSIVE EASEMENT FOR WATER AND SEWER FACILITIES (TRACT M - 1) EXHIBIT "C" FORMAL ACCEPTANCE OF THE FOLLOWING UTILITY EASEMENTS AND EXYIIBITS THAT WERE PREVIOUSLY GRANTED FOR WATER ACCEPTANCE TO THE COLLIER COUNTY WATER-SEWER DISTRICT AND RECORDED IN THE OFFICIAL RECORDS OF COLLIER COUNTY, FLORIDA OR BOOK 1175, PAGES 629-32: (TRACT E) OR BOOK 1175, PAGES 652-5 '(TRACT C) OR BOOK 1239, PAGES 1805-7 (TRACTS B-3 & B-4) OR BOOK 1316, PAGES 441-5 (TRACT A) OR BOOK 1417, PAGES 1919-22: (TRACT G) EXHIBIT "D" ALL SEWER UTILITY FACILITIES WITHIN PLATTED RIGHTS OF WAY AND/OR DEDICATED UTILITY EASEMENTS (UE) AND/OR COLLIER COUNTY UTILITY EASEMENTS (CUE) AS SHOWN ON THE FOLLOWING PLATS AS RECORDED WITHIN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA: PLAT BOOK 14, PAGES 1-5 (.PHASES I, II, & III) PLAT BOOK 14, PAGE 60 PLAT BOOK 15, PAGE 49 PLAT BOOK 16, PAGES 32-4 PLAT BOOK 28, PAGES 72-4 (TRACT F) (TRACT G) (TRACT D) (TRACT M-1 REPLAT, TRACT M-2, CRYSTAL LAKE TERRACE) no., i~c '~ HAY 0 8 2001 ~VILSON · MILLER · BARTON · GOLL & i=E~=K, INC. Description of Ingress, Egress, Drainage and a Utility Easement over and across part of Tract "A" "EAGLE CREEK COUNTRY CLUB" (P.B. 14, gages 1 through 5) Collier County, Florida An easement for ingress, egress, drainage and utility purposes over and ac=oss all that part of Tract "A" of "EAGLE CREEK COUNTRY CLUB" according to the plat thereof as recorded in Plat Book 14, pages 1 through 5, Collier County Public Records, Collier County, Florida being described as follows: Commencing at Reference Point No. 1 as shown on the boundary of said Tract "A"; thence along the southwesterly boundary of said Tract WA", southeasterly 72.26 feet along the arc of a circular curve concave to the southwest, having a radius of 345.00 feet, through a central angle of 12"-00'-00", subtended by a chord which bears South 35"-00'-00" East 72.12 feet; thence continuing along the southwesterly boundary of said Tract "A", South 29"-00'-00" East 41.59 feet to the POINT OF BEGINNING of the easement for ingress, egress, drainage and utility purposes herein described; thence leaving the boundary of said Tract "A", North 61"-00'-00" East 16.19 feet; thence easterly, southeasterly and southerly, 84.90 feet along the arc of a circular curve concave to the southwest, having a radius of 55.00 feet, through a central angle of 88"-26'-23", subtended by a chord which bears South 74"-46'-48" East 76.72 feet; thence South 30"-33'-37" East 13.57 feet; thence southeasterly, 84.41 feet along the arc of a circular curve concave to the northeast, having a radius of 156.31 feet, through a central angle of 30°-56'-23-, subtended by a chord which bears South 46°-01'-48. East 83.39 feet; thence South 61°-30'-00" East 305.80 feet; thence easterly, 118.66 feet along the arc of a circular curve concave to the north, having a radius of 187.93 feet, through a central angle of 36°-10'-38., subtended by a chord which bears South 79"-35'-19" East 116.70 feet; thence North 82"-19'-22" East 10.35 feet; thence easterly, southeasterly, and southerly, 95.20 feet along the arc of a circular curve concave to the southwest, having a radius of 55.00 feet, through a central angle of _ 99"-10'-38", subtended by a chord which bears South 48"-05'-19" East 83.75 feet; thence South 01"-30'-00" West 14.00 feet to a point on the southwesterly boundary of said Tract °A"; thence along the southwesterly boundary of said Tract "A" in the following described five (5) courses: 1) North 88"-30'-00" West 82.14 feet; 2) westerly and northwesterly 139.02 feet along the arc of a circular curve concave to the northeast having a radius of 295.00 feet through a central angle of 27"-00'-00" and being subtended by a chord which bears North 75a-00'-00" West 137.73 feet; 3) North 61"-30'-00" West 305.80 feet; 4) northwesterly 167.33 feet along the arc of a circular curve concave to the northeast having a radius of 295.00 feet through a central angle of 32"-30'-00" and being subtended by a chord which bears North 45"-15'-00" West 165.10 feet; and 5) North 29"-00'-00" West 20.00 feet to the POINT OF BEGINNING; (continued on page 2) ~ HO. AI~tZT~ 4(~i--- WII,.ION "MlI. JJttq * IAR'TON * lOt. J. & PllK,, ll~'"'. Description of Ingress, Egress, Drainage and a Utility Easement over and across part of Tract "A" "EAGLE CREEK COUNTRY CLUB" (P.B. 14, pages I through 5) Collier County, Florida (continued from page 1) being an easement for ingress, egress, drainage and utility easement purposes over a~d across part of Tract "A" of "EAGLE CREEK COUNTRY CLUB" (P.B. 14, pages 1 through 5) Collier Coun=y, Florida; subject to easements and restrictions of record; the bearings used herein are based on said Plat Book 14, pages 1 through 5 inclusive and are true. BY ~ DATE ~, Z% q~? darl.'~.2Spll, P.L.S. %1962 Not valid unless embossed with the Professional's seal. W.O. 23636 Ref: 4J-125 (OHS:kid tract-a-2) MAY 0 8 2001 HAY 0 8 2001 WilspnMiller New DtmcUons In P~nnlng, Design & Englneerfng (4J-308 Easement #1 ) Description of easement for sanitaw sewer; part of Tract "B" of "EAGLE CREEK COUNTRY CLUB": (Plat Book 4, pages 1-5) Collier County, Florida A 20.00 foot wide easement for sanitary sewer purposes over and across all tha( part of Tract "B" of 'EAGLE 'CREEK COUNTRY CLUB", according to the Tract M~ps thereof as recorded in Plat Book 14, pages'l through 5, inclusive, Collier County Public Records; Collier County, Florida, lying 10.00 feet on each side of the hereinafter described centedine of easement; Commencing at Reference Point No. 3 as shown on the boundary of said Tract "B"; thence along the southerly boundary of said Tract "B", South 66°00'00" West 365.30 feet; thence along the westerly boundary of said Tract "B", North 16°24'00'' West 304.76 feet; thence along the westerly boundary of said Tract "B", northwesterly 123.82 feet along the arc of a circular curve concave to the southwest, having a radius of 240.00 feet through a central angle of 29°33'34", subtended by a chord which bears North 31o10'47" West 122.45 feet to the Point of Beginning of said centedine of easement herein described; - thence along said centerline of easement North 09°53'33" East 298.94 feet to the Point of Ending of said centedine of easement, being a 20.00 foot wide easement for sanitary sewer purposes over and across part of Tract "B" of said Eagle Creek Country Club (Plat Book 14, pages 1 through 5), Collier County Public Records, Collier County, Florida; " Side lines of said easem6nt are to be extended or lengthened to lie on the southerly boundary of said Tract "B': Subject to easements and restrictions of record. ,~ Bearings are based on the southerly line of Tract "B" being South 66°00'00" West. Certificate of authorization #LB-43. WilsonMiller, Inc. Registered Engineers and Land Surveyors BYes. M. #3934 Ref. 5J-45 - 4J-308 Not valid unless embossed with the ProfessionaL's seal. Date September 30, 1999 Naples Fort Myers Sarasota Bradenton Tampa 3200 8aile.y Lathe, Suite 200 Naples. Florida 34705-8507 941-649-4040'~ 941-643-5716 www. wil$onmJller, cum t~'ll$¢llM~lltlr, hlc. -- FL LiC.d LC.CGOOf70 Wil nMiller New Oirecttons In Planning, Design & Engineering i E X H,,i~IT ! (4J-308 Easement #2) Description of easement for Sanitary Sewer and Pump Station "B"; part of Tract "B" of "EAGLE CREEK coUNTRY CLUB", (Plat Book 14, pages 1-5) Collier County, Florida An easement for sanitary sewer and pump station purposes over and across all that part of Tract "B" of "EAGLE CREEK COUNTRY CLUB" according to the Tract Maps thereof as recorded in Plat Book 14, pages I through 5, inclusive, Collier County Public Records, Collier County, Florida being described as follows: Commencing at Reference Point No. 2 as shown on the boundary of Said Undivided Tract "B"; thence along the northeasterly line of said undivided Tract "B" in the following six described courses: 1) southeasterly 193.08 feet along the arc of a circular curve concave to the southwest, having a radius of 375.00 feet through a central angle of 29°30'00'' subtended by a chord which bears South 68o45'00'' East 190.95 fe~t; 2) South 54000'00" East 150.00 feet; 3) southeasterly 128.72 feet along the arc of a circular curve, concave to the southwest, having a radius of 295.00 feet through a central angle of 25000'00" subtended by a chord which bears South 41°30'00' East 127.70 feet; 4) South 29000'00" East 61.59 feet; 5) southeasterly 195.70 feet along the arc of a circular curve concave to the northeast, having a radius of 345.00 feet, through a central angle of 32030'00", subtended by a chord which bears South 45015'00'' East 193.08 feet; 6) South 61030'00'' East 183.00 feet to the Point of Beginning of the easement for sanitary sewer and pump station purposes herein described; thence continue along the northeasterly line of said Tract "B", South 61030'00" East 122.80 feet; thence continue along the northeasterly line of said Tract "B", southeasterly 92.93 feet along the arc of a circular curve concave to the northeast, having a radius of 345.00 feet, through a central angle of 15"26'00", subtended by a chord which bears South 69°13'00" East 92.65 feet; thence leaving the bc~undary of said Tract "B", South 13°04'00" West 57.61 feet; thence South 80°17'54'' East 164.07 feet; thence North 62°57'14'' East 100.81 feet to the northeasterly boundary of said Tract "B"; thence along said line, southeasterly 16.85 feet along the arc of a circular curve concave to the southwest having a radius of 148.49 feet through a central angle of 06°30'00" and being subtended by a chord which bears South 51°45'00" East16.84 feet; thence continue along said line, South 48°30'00'' East 95.07 feet; thence leaving said line, South 41°30'00" West 15.00 feet; thence North 48°30'00'' West 101.28 feet;. thence South 62°58'29'' West 89.80 feet; thence South 02°44'58'' West 105.92 feet; thence South 65°31'33" East 124.29 feet; ' Naples Fort Myers Sarasota Bradenton Tampa 3200 Bailey Lane, Su/t~ 200 Nap/es. F/or/da 3~1;05-8507 941-649-4040 ~ 941-643-5716 ii?ti V,~WV. wilsonmiller, com AG~NOA ITEm MAY 0 8 200I r,~. /5' WilsOnMiller (4J-308 Easement #2) Description of easement for Sanitary Sewer and Pump Station "B"; part of Tract "B" of "EAGLE CREEK COUNTRY CLUB", (Plat Book 14, pages 1-5) Collier County, Rodda (continued) thence South 31°38'10" East 88.22 feet; thence South 55°24'00" East 216.42 feet; thence South 34°36'00" West 15.00 feet; thence North 55°24'00" West 219.58 feet; thence North 31°38'10'' West 86.80 feet; thence North 65°31'33" West 129.89 feet; thence North 02°44'58'' East 113.80 feet; thence North 80017'54'' West 198.60 feet; thence North 52°42'00" West 166.39 feet; thence North 60023'47'' West 225.30 feet; thence North 49°20'02'' West 240.34 feet; thence North 56°28'58" West 204.38 feet; thence North 33°31'02" East 20.00 feet; thence South 56028'58'' East 205.62 feet; thence South 49020'02'' East 239.66 feet; thence South 60°23'47'' East 189.29 feet; thence North 28°30'00'' East 23.67 feet to the Point of Beginning, being an easement for sanitary sewer and pump station purposes over and across part of undivided Tract "B" of Eagle Creek Country Club, Plat Book 14, pages 1 through 5, inclusive, .Collier County Public Records, Collier County, Flodda¢ Subject to easements and restrictions of record Bearings are based on the southerly lin.e qf Tract "B" (said line being the common line with Tract "C") being South 66°00'00'' West. Certificate of authorization #LB-43. WilsonMiller, Inc. Registered Engineers-and Land Surveyors B~. Date M. #3934 Ref. 5J-45 - 4J-308 Not valid unless embossed with the Professional's seal. HAY 0 8 2001 WilsdnMiiler New Olrections In P~a~nlng, Design & Engineering (4J-306 Easement #4) Legal description Centerline of a 15' County Utility Easement, The Shops at Eagle Creek Phase One and Two, being a part of the northwest ¼ of Section 3, Township 51 South, Range 26 East, and Tracts M-1 and M-2, of Crystal Lake Terraces at Eagle Creek, Plat Book 16, pages 30 and 31, Collier County, Florida A fifteen foot easement lying 7.5 feet on each side of the hereinafter described centerline of easement, being a part of The Shops of Eagle Creek Phase One and Two, and being a part of the northwest ¼ of Section 3, Township 51 South, Range 26 East, and Tracts M-1 and M-2, of Crystal Lake Terraces at Eagle Creek, Plat Book 16, pages 30 and 31, Collier County, Florida, being more particularly described as follows: Commencing at the northeasterlymost corner of said Tract M-l; thence along the boundary of said Tract M-1 ," North 87030'54" West 248.62 feet; thence continue along said boundary, North 02°29'06'' East 127.38 feet; thence leaving said boundary, South 87030'54'' East 45.48 feet to the Point of Beginning of said centerline of easement; North 02°51'51" East 163.71 feet; North 34008'45" East 12.00 feet to a point hereinafter referred to as Point thence thence "C"; thence thence thence thence thence thence thence thence thence thence thence thence South 34°08'45" West 12.00 feet; North 54°20'32'' West 400.08 feet; North 00054'38'' East 6.08 feet to a point hereinafter referred to as Point "A"; South 83°34'51" West 182.58 feet; North 54020'32'' West 68.41..feet; South 35"39'28" West 40.85 feet; North 35°39'28'' East 40.85 feet; North 54°20'32'' West 395.94 feet; Nodh 35°3§'28'' East 76.00 feet; North 54°20'32" West 197.66 feet; North 61°48'12" West 193.32 feet; North 01 °01 '55" East 307.69 feet; thence South 88058'05'` East 153.00 feet to a Place of Eh'ding; thence return to the aforementioned Point "A"; thence continue along said centerline North 00°54'38'' East 301.08 feet; thence North 35°39'28" East 254.92 feet; thence North 54°20'32'' West 381.37 feet;, thence North 52°11'35" West 410.00 feet to a Place of Ending~ (4J-306 Easement #4) Legal description #ap/es Fort Myers Sara$ota Bradenton Tampa ?200 Barley Lane. Su/te 200 N,~l)le.s, Rorida 34105-8507 941-649-4040 ~ 941-643-571G ' www. wil$onmlller, com / / / / I / ,i / /I/ / / / / / 0 8 2001 WiisOnMiller New Directions In Planning, Design & Englnaeffng I EXHIBIT (4J-307 Easement #3) Legal Description Centerline of a 15' County Utility Easement Pad. of Tract M-2R Crystal Lake Terraces at Eagle Creek. Replat, Plat Book 28, pages 72-74, Collier County, Florida A fifteen foot easement tying 7.5 feet on each side of the hereinafter described centedine of easement, being a pad. of Tract M-2R of Crystal Lake Terraces at Eagle Creel( Replat according to the plat thereof as recorded in Plat Book 28, pages 72-74, Collier County, Fiodda being more particularly described as follows: commencing at the southerlymost comer of said Tract M-2R; thence along the east line of said tract in the following seven courses: 1) North 35°39'28" East 50.11 feet; 2) northerly 21.31 feet along the arc of a circular curve concave to the northwest having a radius of 53.00 feet, through a central angle of 23°02'00" an.d being subtended by a chord which bears North 24°08'27' East 21.16 feet; 3) 4) 5) 6) 7) North 12°37'28' East 27.55 feet; northerly 39.00 feet along the arc of a circular curve concave to the southeast having a radius of 97.00 feet, through a central angle of 23002'00'' and being subtended by a chord which bears North 24o08'27" East 38.73 feet; North 35°39'28" East 48.33 feet; nodhedy 16.75 feet along the arc of a circular curve concsve to the west, having a radius of 17.00 feet through a central angle of 56027'09" and being subtended by a ci:~ord which bears North 07025'53- East 16.08 feet to a point of reverse curvature~ northerly 45.51 feet along the arc of a circular curve concave to the east having a radius of 59.00 feet through a central angle of 44011'42' and being subtended by a chord which bears Nodh 01o18'10" East 44.39 feet to the Point of Beginning of the :enterline herein described; thence leaving said line, North 30°45'31" West 33.56 feet; thence North 40033.44- West 135.97 feet;, thence Nodh 54°13'10' West 257.82 feet to the Place of Ending. Side lines of said easement are to be extended or lengthened to lie on the eastedy line of said M-2R; Subject to easements and restrictions of record. Bearings are based on the southwesterly line of Tract M-2R being North '54020'32" West. Certificate of auth°dz~ti°n #LB-43. WiisonMiller, Inc. Registered Engineers and Land Surveyors By BoutwetL P.S.M, #3934 Ref. 4J-307 ' 's Not va~id unless embossed with the Professional seal. Naples Fort Myers Sarasota Braden:on Tampa 3200 Bailey Lane. Suite 200 Nap/es, Florida 34105-8507 941-6';c-':040 ''~ 941'643'5m1~-" wv, n,v. wllsonmil ler. corn WilsonMilter Inc -- FL Lic.a~ LC-CO00170 HAY 0 8 2001 / ¢ ! ! ! ! ! / ! ! ! / EXHI 4AY 0 8 2001 ;. ,~o EXHIBIT "H" AGREEMENT AND SEWER FACILITIES LEASES TO BE TERMINATED OR BOOK 1317, PAGES 23-8: (AGREEMENT) OR BOOK 1164, PAGES 1454-8: OR BOOK 1175,. PAGES 633-9: OR BOOK 1239, PAGES 2060-2: OR BOOK 1239, PAGES 2063-8: (PHASES I & II) (TRACT E) (PHASE m) (TRACTS B-3 & B-4) IqA¥ 0 8 2001 THIS INSTRUMENT PREPARED BY: John A. Nold, P.A. 995 N. Collier Boulevard Marco Island, FL 34145 RETURN DOCUMENT TO ABOVE ADDRESS: Property Appraisers Property ID (Folio) #: QUIT CLAIM DEED FOR UTILITY EASEMENTS This Quit Claim Deed executed this ~.¢r~ day of {~_t~C~.](~ ,A.D. 2001, by Eagle Creek Condominium Association, Inc. a Florida corporation, (Master Condominium Association for all condominiums within Eagle Creek Country Club), Grantor, whose post office address is 625 Eagle Creek Drive, Naples, Florida 34112, and Eagle Creek Properties, Inc., a Florida corporation, and Eagle Creek Utility Company II, Inc., a Florida corporation, and Eagle Creek Community Association, Inc., a Florida corporation, collectively referred to as Grantee, whose post office addresses are 625 Eagle Creek Drive, Naples, FL 34112: (Wherever used herein the terms "first party." and "second party" shall include singular and plural, heirs, legal representatives, and, assigns of individuals, and the successors and assigns of corporations, wherever the context so admits or requires.) WITNESSETH, that the said Grantor, for and in consideration of the sum of $10.00, in hand paid by the said Grantee, the receipt whereof is hereby acknowledged, does hereby remise, release and quit-claim unto the said second party forever, all the right, title,, interest, claim and demand which the said first parties has in and to the following described easement, piece or parcel of land, situate, lying and being in the County of Collier, State of Florida, to wit: Tract B-2 - 5 multi-family buildings with a total of 39 units. Approximately 320 linear feet of 8" gravity sewer main within designated easement as described in Exhibit "F". Tract B-3 and Tract B-4 - Tract B-3 consists of 3 multi-family buildings with a total of 29 units. Tract B-4 consists of 2 multi-family buildings with a total of 24 units. Approximately 190 linear feet of 4" force main, 895 linear feet of 8" gravity sewer main, and lift stations "B" within designated easements as described in O.R. Book 1239, Pages 1805-7 and Exhibit "F". HAY 0 8 2001 i! Tract B-5 (now Stonegate, Phases I & n) - Phase I consists of 2 multi-family buildings with a total of 32 units. Phase ri consists of 2 multi-family buildings with a total of 18 units, and a pool. Approxnnately 733 linear feet of 8" gravity sewer main within designated easement as described in Exhibit "F". Tract M - Waterford Bridge - Approximately 385 linear feet of 4" force main to serve Tracts M-1 and M-2 Crystal Lake Terrace and 376 linear feet 0f6" force main to serve the commercial site (Shops of eagle Creek) within designated easements, as described in O.R. Book 1440, Pages 819-21 and O.R. Book 1440, Pages 1608-9. Tract M-1 Crystal Lake Terraces - 4 multi-family buildings with a total of 48 units and a pool. Approximately 881 linear feet of 8" gravity sewer mains, 225 linear feet of 4" force main, 370 linear feet of 6" force main, and lift station "M", as described in Plat Book 28, Pages 72-4, O.R. Book 1440, Pages 815-6, and O.R. Book 1440, Pages 817-8. Tract M-2 Crystal Lake Terraces - 3 rriulti-family buildings with a total of 44 units. As-built drawings state private ownership of on-site sewer facilities. Approximately 386 linear feet of 8" gravity sewer mains within the designated easements as described in Exhibit "G". Subject to restrictions, reservations and easements of record and taxes for the years 2000 and subsequent years. . TO ItAVE AND TO HOLD the same together with all and singular the appurtenances thereunto belonging or in Aeneas appertaining, and all the estate, fight, tide, interest, lien, equity and claim whatsoever of the smd Grantor, either in law or equity, to the only proper use, benefit and behoof of the said Grantee forever. IN WITNESS WHEREOF, the said first parties has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in the presence of: 7_tness Sign_at ,ur, oe  __~_,cos Signature Piq. nted Name Eagle Creek Condominium Association, Inc., a Florida corporation //' By ~,- Printed Carl A. Rude President AC~ NDA IT£~ MAY 0 8 2001 STATE OF FLORIDA COUNTY OF COLLIER I hereby certify that on this day, before me, an officer duly authorized to administer oaths and take acknowledgments, personally appeared Willis P. Kriz,, President of Eagle Creek Condominium Association, Inc., a Florida corporation, known to me to be the person(s) described in and who executed the foregoing instrument, who acknowledged before me that he executed the same, that he is ~ personally know to me or ~ produced as identification and thai an oath [Zlwas [~ was not taken. My Commission Expires: Notary Public Notary Printed Name EXPIRES: January 16, 2005 By: James D. Carter, PhD, Chairman HAY 0 8 2:001 ~,o. ~"/ ,,- THIS INSTRUMENT PREPARED BY: John A. Nold, P.A. 995 N. Collier Boulevard Marco Island, FL 34145 RETURN DOCUMENT TO ABOVE ADDRESS: Property Appraisers Property ID (Folio) #: QUIT CLAIM DEED FOR UTILITY EASEMENTS 2001, by Eagle Creek Villa Homes #1 Neighborhood Association, Inc., a Florida corporation, Grantor, whose post office address is 625 Eagle Creek Drive, Naples, Florida 34112, and Eagle Creek Properties, Inc., a Florida corporation, and Eagle Creek Utility Company II, Inc., a Florida corporation, and Eagle Creek Community Association, Inc., a Florida corporation, collectively referred to as Grantee, whose post office addresses are 625 Eagle Creek Drive, Naples, FL 34112: (Wherever used herein the terms "first party" and "second party" shall include singular and plural, heirs, legal representatives, and, assigns of individuals, and the successors and assigns of corporations, wherever the context so admits or requires.) WITNESSETH, that the said Grantor, for and in consideration of the sum orS10.00, in hand paid by the said Grantee, the receipt whereof is hereby acknowledged, does hereby remise, release and quit-claim unto the said second party forever, all the right, title, interest, claim and demand which the said first parties has in and to the following described easement, piece or parcel of land, situate, lying and being in the County of Collier, State of Florida, to wit: Tract A - 8 multi-family buildings with a total of 15 units. Approximately 160 linear feet of 6" force main and 753 linear feet of 8" gravity sewer main within designated easement as described in O.R. Book 1316, Pages 441-5, and Exhibit "E". Tract C - 16 multi-family buildings with a total of 77 units. Approximately 2,095 linear feet of 8" gravity sewer mains within road fight-of-way and designated easements, as described in O.R. Book 1175, Pages 652-5. Subject to restrictions, reservations and easements of record and taxes for the years 2000 and subsequent years. MAY 0 8 2001 TO HAVE AND TO HOLD the same together with all and singular the appurtenances thereunto belonging or in Aeneas appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of the said Grantor, either in law or equity, to the only proper use, benefit and behoof of the said Grantee forever. IN WITNESS WHEREOF, the said first parties has signed and sealed these presents the day and year first above written. Signed, sealed and delivered ia the presence of: Witness Signature Printed Name Eagle Creek Villa Homes #1 Neighborhood Association, Inc., a Florida corporation , President STATE OF FLORIDA COUNTY OF COLLIER I hereby certify that on this day, before me, an officer duly authorized to administer oaths and take acknowledgments, personally appeared David J. Amico, President of Eagle Creek Villa Homes #1 Neighborhood Association, Inc., a Florida corporation, known to me to be the person(s) described in and who executed the foregoiflg instrument, who acknowledged before me that he executed the same, that he is ~ personally know to me or Vi produced as idemification and that an oath ~was O was not taken. My Commission Expires: Notary Public Notary Printed Name Il l! IlR' ~ T,:i, MY COMMISSION it CC 994058 Ii I1~{/ EXPIRES:J~,,~S,~ II By: James D. Carter, PhD, hairman HAY 0 8 2001 TttlS INSTRUMENT PREPARED BY: John A. Nold, P.A. 995 N. Collier Boulevard Marco Island, FL 34145 RETURN DOCUMENT TO ABOVE ADDRESS: Property Appraisers Property ID (Folio) #: QUIT CLAIM DEED FOR UTILITY EASEMENTS This Quit Claim Deed executed this !d22?¢x'~ day ofi/%q,-.!.[~_lAir(_,[ ~ ,A.D. 2000, by Eagle Creek Estate Homes #1 Neighborhood Association, Inc., a Florida corporation, Grantor, whose post office address is 625 Eagle Creek Drive, Naples, Florida 34112, and Eagle Creek Properties, Inc., a Florida corporation, and Eagle Creek Utility Company II, Inc., a Florida corporation, and Eagle Creek Community Association, Inc., a Florida corporation, collectively referred to as Grantee, whose post office addresses are 625 Eagle Creek Drive, Naples, FL 34112: (Wherever used herein the terms "first party" and "second party" shall include singular and plural, heirs, legal representatives, and, assigns of individuals, and the successors and assigns of corporations, wherever the context so admits or requires.) WlTNESSETH, that the said Grantor, for and in consideration of the sum of $10.00, in hand paid by the said Grantee, the receipt whereof is hereby acknowledged, does hereby remise, release and quit-claim unto the said seconc~ party forever, all the right, title, interest, claim and demand which the said first parties has in and to the following described easemem, piece or parcel of land, situate, lying and being in the County of Collier, State of Florida, to wit: Tract D - 70 single family lots. Platted. Approximately 45 linear feet of 4" force main, 2,838 linear feet of 8" gravity sewer mains, and lift station "D" within platted road right-of-way and designated easements, as described in Plat Book 16, Pages 32- 4 and O.R. Book 1454, Pages 1931-2. Tract E - 38 single family lots. Not platted. Approximately 128 linear feet of 4" force main, 1,772 linear feet of 8" gravity sewer mains, and lift station "E" within road right-of-way and designated easements, as described in O.R. Book 1175, Pages 629-32. Tract F - 26 single family lots. Platted. Approximately 65 linear feet of 4" force main, 1,138 linear feet of S" gravity sewer mains, and lift station "F" within platted road right-of-way and designated easements, as described in Plat Book 14, Pa e 60 gl ^c~o~ I~0. 1{,~ ~'. MAY 0 8 2001 i PG. ,,2'7 .. Tract G - 21 single family lots. Platted. Approximately 849 linear feet of 8" gravity sewer mains within platted road right-of-way and designated easements, as described in Plat Book 15, Page 49 and O.K. Book 1417, Pages 1919-22. Subject to restrictions, reservations and easements of record and taxes for the years 2000 and subsequent years. TO HAVE AND TO HOLD the same together with all and singular the appurtenances thereunto belonging or in Aeneas appertaining, and ail the estate, right, rifle, interest, lien, equity and claim whatsoever of the said Grantor, either in law or equity, to the only proper use, benefit and behoof of the said Grantee forever. IN WITNESS WHEREOF, the said first parties has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in the presence of: Wimess Signature W~l~/~.es s Sigrlature Printed Name By: Eagle Creek Estate Homes #1 Neighborhood Association, Inc., a Florida corporation David J?~uico,~/~esident Printed STATE OF FLORIDA COUNTY OF COLLIER I hereby certify that on this day, before me, an officer duly authorized to administer oaths and take acknowledgments, personally appeared David J. Amico, President of Eagle Creek Villa Homes #1 Neighborhood Association, Inc., a Florida corporation, known to me to be the person(s) described in and who executed the foregoing instrument, who acknowledged before me that he executed the same, that he is ~i personally know to me or ~ produced as identification and that an oath ~was ~ was not taken. My Commission Expires: Notary Public Notary Printed Name By: James D. Carter, PhD, UTILITY FACILITIES WARRANTY DEED AND BILL OF SALE THIS CONVEYANCE DOCUMENT made this /,9~[day of between EAGLE CREEK PROPERTIES, INC., a Florida Corporation, EAGLE CREEK UTILITY COMPANY II, INC., a Florida Corporation, and EAGLE CREEK COMMUNITY ASSOCIATION, INC., a Florida Corporation, (hereinafter referred to as "Grantor"), and the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, its successors and assigns, (hereinafter referred to as "Grantee"). WITNESSETH:0 Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration to said Grantor in hand paid by said Grantee, the receipt whereof is hereby acknowledged, grants, sells, and conveys to the said Grantee, and Grantee's heirs, successors and assigns forever, sewer utility facilities, whether realty, personalty, and/or mixed, lying within, on or over the following described land, together w/th appurtenant easement rights for the operation, installation and maintenance of said facilities, situate, lying and being in Collier County, Florida, to wit: (See Exh/bits "A", "B", "C", "D", "E", "F", and "G" attached hereto and incorporated by reference herein.) and said Grantor does hereby fully warrant the title to said utility facilities, and will defend the same against the lawful claims of_all persons whomsoever. For the purposes of this conveyance, the utility facilities conveyed herein shall not be deemed to convey any of the lands described in Exhibits "A", "B", "C", "D", "E", "F", and "G". Grantor and Grantee are used for singular or plural, as context requires. TO HAVE AND TO HOLD the same unto the Grantee and its assigns, together with the right to enter upon said land, excavate, and take materials for the purpose of constructing, operating, and maintaining utility facilities thereon. Grantor and Grantee are used for singular or plural, as the context requires. This conveyance concurremly terminates that following agreement and/or leases: (See Exhibit "H" attached hereto and incorporated by reference herein.) IN WITNESS WHEREOF, Grantor has caused these presents to be executed the date and year first above written. WITNESSES: PRINT NAME OF WITNESS EAGLE CREEK[ PROPERTIES, INC., Florida Corporation PRINT NAME OF WITNESS WITNESSES: ~. ~ [~. (..,~.'~ s-,-c .,~ PRINT NAME OF WITNESS .?/:l,r~h.2~ ~1. /-¢e~cr PRINT NAME OF WITNESS EAGLE CREEK UTILITY COMPANY II, INC., a Florida C%[?oration By: David J. i~co' 4dent WITNESSES: / far,_.,%~ ~ c5. ~,~9~ m PKINT NAME OF WITNESS PRINT NAME OF WITNESS EAGLE CREEK COMMUNITY ASSOCIATION, INC., a Florida Corporation ? STATE OF FLORIDA COUNTY OF COLLIER The foregoing Utility Facilities Warranty Deed and Bill of Sale was acknowledged before me by, David J. Amico, President of Eagle Creek Properties, Inc., Eagle Creek Utility Company II, Inc., Eagle Creek Community Association, Inc., a Florida Corporation, on behalf of the corporations, personally known or produced identification. Type of identification produced: Witness my hand and official seal this (~q day of ~YY~V'~ .X'~ ,200~. Notary Public (Affix notary seal) My Commission Ex~ires: Notary Printed Name Approved as to form & legal sufficiency Thomas C. Palmer, Assistant County Attorney Prepared by: John A. Nold, P.A. 995 N. Collier Boulevard Marco Island, FL 34145 By: James D. Carter, PhD, Chairman NO. ~'~ ~[~ HAY 0 8 2001 ~,~. ,~/ EXHIBIT "A" Eagle Creek Summary of Tracts and Phases Phase I - Approximately 2,903 linear feet of 4", 6" and 8" force mains within platted road right-of-way, as shown on Plat Book 14, Pages 1-5. 100% County ownership, Lease in place. Phase H - Approximately 440 linear feet of 8" gravity sewer main, 1,080 linear feet 4" force main and lift station ".C" within platted road right-of-way and designated easements, as shown on Plat Book 14, Pages 1-5. 100% County ownership, Lease in place. Phase III - Approximately 450 linear feet of 4" force main within platted road right-of- way, as shown on Plat Book 14, Pages 1-5. 100% County ownership, Lease in place. Tract A 8 multi-family buildings with a total of 15 units. Approximately 160 linear feet of 6" force main and 753 linear feet of 8" gravity sewer main within designated easement as shown on OR Book 1316, Pages 441-5, and on Exhibit "E ". 100% County Ownership of force main and gravity sewer mains upon conveyance. Tract B-2 - 5 multi-family buildings with a total of 39 units. Approximately 320 linear feet of 8" gravity sewer main within designated easemem as shown on Exhibit "F". 100% County Ownership of gravity sewer mains upon conveyance. Tract B-3 and Tract B-4 - Tract B-3 consists of 3 multi-family buildings with a total of 29 units. Tract B4 consists of 2 .multi-family buildings with a total of 24 units. Approximately 190 linear feet of 4" force main, 895 linear feet of 8" gravity sewer main, and lift stations "B" within designated easements as shown on OK Book 1239, Pages 1805-7 and on Exhibit "F". 100% County ownership of Force Main and Lift Station "B", Lease in place, and 100% County Ownership of gravity sewer mains upon conveyance. Tract B-5 (now Stonegate, Phases I & ID Phase I consists of 2 multi-family buildings with a total of 32 units. Phase II consists of 2 multi-family buildings with a total of 18 units, and a pool. Approximately 733 linear feet of 8" gravity sewer main within designated easement as shown on Exhibit "F". 100% County Ownership of gravity sewer mains upon conveyance. Tract C - 16 multi-family buildings with a total of 77 units. Approximately 2,095 linear feet of 8" gravity sewer mains within road fight-of-way and designated easements, as shown on OR Book 1175, Pages 652-5. 100% County Ownership of gravity sewer mains upon conveyance. ~. /(, HAY 0 8 2001 Exhibit "A" Eagle Creek Summary of Tracts and Phases Page 2 Tract D - 70 single family lots. Platted. Approximately 45 linear feet of 4" force main, 2,838 linear feet of 8" gravity sewer mains, and lift station "D" w/thin platted road right- of-way and designated easements, as shown on Plat BOok 16, Pages 32-4 and on OR Book 1454, Pages 1931-2. 100% County Ownership of gravity sewer mains, force main and lift station 'D' upon conveyance. Tract E - 38 single family lots. Not platted. Approximately 128 linear feet of 4" force main, 1,772 linear feet of 8" gravity sewer mains, and lift station "E" w/thin road right- of-way and designated easements, as shown on OR Book 1175, Pages 629-32. 100% County Ownership of gravity sewer mains, force main and lift station 'E" upon conveyance. Tract F - 26 single family lots. Platted. Approximately 65 linear feet of 4" force main, 1,138 linear feet of 8" gravity sewer mains, and lift station "F w/thin platted road fight- of-way and designated easements, as shown on Plat Book 14, Page 60. 100% County Ownership of gravity sewer mains, force main and lift station "F" upon conveyance. Tract G - 21 single family lots. Platted. Approximately 849 linear feet of 8" gravity sewer mains w/thin platted road right-of-way and designated easements, as shown on Plat Book 15, Page 49 and OR Book 1417, Pages 1919-22. 100% County Ownership of gravity sewer mains upon conveyance. Tract M Waterford Bridge Approximately 385 linear feet of 4" force main to serve Tracts M-1 and M-2 Crystal Lake Terrace and 376 linear feet of 6" force main to serve the commercial site (Shops of Eagle Creek) within designated easements, as shown on OR Book 1440, Pages 819-21 and OR Book 1440, Pages 1608-9. 100% County ownership of force mains upon conveyance. Tract M-1 Crystal Lake Terraces - 4 multi-family buildings with a total of 48 units and a pool. Approximately 881 linear feet of 8" gravity sewer mains, 225 linear feet of 4" force main, 3 70 linear feet of 6" force main, and lift station "M", as shown on Plat Book 28, Pages 72-4 and on OR Book 1440, Pages 815-8. 100% County Ownership of gravity sewer mains, force main and lift station "M' upon conveyance. Exhibit "A' Eagle Creek Summary of Tracts and Phases Page 3 Tract M-2 Crystal Lake Terraces - 3 multi-family buildings with a total of 44 units. As-built drawings state private ownership of on-site sewer facilities. Approximately 386 linear feet of 8" gravity se'~,~er mains within designated easements as shown on Exhibit 100% County Ownership of gravity sewer mains upon conveyance. Shops of Eagle Creek (Commercial Site) As-built drawings state private ownership of on-site sewer facilities. All on-site gravity sewer mains, force mains, and lift station facilities within commercial tract to remain private, and not to be conveyed to the County in this instrument but may be separately conveyed, unless specifically conveyed by Eagle Creek Commercial Company, Inc., a Florida corporation. Tract L - Clubhouse All on-site gravity sewer mains within Clubhouse tract to remain private, and not to be conveyed to the County. Force Main to Interim Sewer Treatment Plant - No As-built drawings on file. Approximately 2,200 linear feet of 8" and 10" force mains within designated easement, as shown on Plat Book 14, Pages 1-5. 100% County ownership of force mains upon conveyance. EXTIlRIT "B' FORMAL ACCEPTANCE OF ~ FOLLOWING UTILITY EASEMENTS AND EXI:IIRITS THAT WERE PREVIOUSLY GRANTED TO TI:IF, COLLIER COUNTY WATER-SEWER DISTRICT AND RECORDED IN ~ PUBLIC RECORDS OF COLLIER COUNTY, FLORIBA, AND TO BE RETROACTIVE TO TI:IF, DATE OF EACH RESPECTIVE EASEMENT DOCUMENT OR BOOK 1440, PAGES 819-21: AMENDED EASEMENT (TRACT M - WATERFORD BRIDGE) OR BOOK 1440, PAGES 1608-9: DEDICATION OF NONEXCLUSIVE EASEMENT FOR WATER AND SEWER FACILITIES (TRACT M - WATERFORD BRIDGE) OR BOOK 1454, PAGES 1931-2: DEDICATION OF NONEXCLUSIVE EASEMENT FOR WATER AND SEWER FACILITIES (TRACT D - FM BETWEEN PLAT AND EXISTING EASEMENT OF 8" FM TO PLANT ) OR BOOK 1440, PAGES 815-6: DEDICATION OF NON'EXCLUSIVE EASE1VIENT FOR WATER AND SEWER FACILITIES CrRACT M - 1) OR BOOK 1440, PAGES 81%8: DEDICATION OF NON'EXCLUSIVE EASEMENT FOR WATER AND SEWER FACILITIES (TRACT M - 1) no. I~ HAY 0 8 2001 PG. ~,_h"' EXHIBIT "C" FORMAL ACCEPTANCE OF THE FOLLOWING UTILITY EASEMENTS AND EXHIBITS THAT WERE PREVIOUSLY GRANTED FOR WATER ACCEPTANCE TO THE COLLIER COUNTY WATER-SEWER DISTRICT AND RECORDED IN THE OFFICIAL RECORDS OF COLLIER COUNTY, FLORIDA OR BOOK 1175, PAGES 629-32: (TRACT E) OR BOOK 1175, PAGES 652-5 '(TRACT C) ORBOOK 1239, PAGES 1805-7 (TRACTS B-3 & B-4) OR BOOK 1316, PAGES 441-5 (TRACT A) OR BOOK 1417, PAGES 1919-22: (TRACT G) 2001 EXHIBIT "D" ALL SEWER UTILITY FACILITIES WITHIN PLATTED RIGHTS OF WAY AND/OR DEDICATED UTILITY EASEMENTS (UE) AND/OR COLLIER COUNTY UTILITY EASEMENTS (CUE) AS SHOWN ON THE FOLLOWING PLATS AS RECORDED WITHIN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA: PLAT BOOK 14, PAGES 1-5 (PHASES I, II, & III) PLAT BOOK 14, PAGE 60 (TRACT F) PLAT BOOK 15, PAGE 49 (TRACT G) PLAT BOOK 16, PAGES 32-4 PLAT BOOK 28, PAGES 72-4 (TRACT D) (TRACT M-1 REPLAT, TRACT M-2, CRYSTAL LAKE TERIC~CE) HAY 0 8 2001 PG. .~7 Description of Ingress, Egress, Drainage and a Utility Easement over and across part of Tract "A" 'EAGLE CREEK COUNTRY CLUB" (P.B..14, pages 1 through 5) Collier County, Florida An easement for ingress, egress, drainage and utility purposes over and across all that part of Tract "A" of "EAGLE CREEK COUNTRY CLUB" according to the plat thereof as recorded in Plat Book 14, pages 1 through 5, Collier County Public Records, Collier County, Florida being described as follows: Commencing at Reference Point No. i as shown on the boundary of said Tract "A"; thence along the southwesterly boundary of said Tract southeasterly 72.26 feet along the arc of a circular curve concave to the southwest, having a radius of 345.00 feet, through a central angle of 12"-00'-00", subtended by a chord which bears South 35"-00'-00" East 72.12 feet; thence continuing along the southwesterly boundary of said Tract "A", South 29"-00'-00" .East 41.59 feet to the POINT OF BEGINNING of the easement for ingress, egress, drainage and utility purposes herein described; thence leaving the boundary of said Tract "A", North 61"-00'-00" East 16.19 feet; thence easterly, southeasterly and southerly, 84.90 feet along the arc of a circular curve concave to the southwest, having a radius of 55.00 feet, through a central angle of 88"-26'-23", subtended by .a chord which bears South 74"-46'-48" East 76.72 feet; thence South 30"-33'-37" East 13.57 feet; thence southeasterly, 84.41 feet along the arc of a circular curve concave to the northeast, having a radius of 156.31 feet, through a central angle of 30"-56'-23", subtended by a chord which bears South 46"-01'-48" East 83.39 feet; thence South 61"-30'-00" East 305.80 feet; thence easterly, 118.66 feet along the arc of a circular curve concave to the north, having a radius of 187.93 feet, through a central angle of 36"-10'-38", subtended by a chord which bears ~outh 79"-35'-19" East 116.70 feet; thence North 82"-19'-22" East 10.35 feet; thence easterly, southeasterly, and southerly, 95.20 feet along the arc of a circular curve concave to the southwest, having a radius of 55.00 feet, through a central angle of 99"-10'-38", subtended by a chord which bears South 48"-05'-19" East 83.75 feet; thence South 01"-30'-00" West 14.00 feet to a point on the southwesterly boundary of said Tract "A"; thence along the southwesterly boundary of said Tract "A" in the following described five (5) courses: 1) North 88"-30'-00" West 82.14 feet; 2) westerly and northwesterly 139.02 feet a!on~ the arc of a circular curve concave to the-northeast having a radius of 295.00 feet through a central angle of 27"-00'-00" and being subtended by a chord which bears Ncr%A 75"-00'-00" West 137.73 feet; 3) North 61"-30'-00" West 305.80 feet; 4) northwesterly 167.33 feet along the arc cf a circular curve concave to the northeast having a radius of 295.00 feet throuqh a central angle of 32"-30'-00" and being subtended by a chord which bears North 45"-15'-00" West 165.10 feet; and 5) North 29"-00'-00" West 20.00 feet to the POINT OF BEGINNING; (continued on page 2) Description of Ingress, Egress, Drainage and a Utility Easement over and across part of Tract mA" "EAGLE CREEK COUNTRY CLUB" (P.B. 14, pages 1 through 5) Collier County, Florida (continued from page 1) being an easement for ingress, egress, drainage ~nd utility easement purposes over and across part of Tract *A" of "EAGLE CREEK COUNTRY CLUB" (P.B. 14, pages 1 through 5) Collier County, Florida; subject to easements and restrictions of record; the bearings used herein are based on said Plat Book 14, pages 1 through 5 inclusive and are true. ~ar ' S 11, P.L S ~1962 -- -- Not valid unless embossed with the Professional,s seal. W.O. 23636 Ref: 4J-I25 (CHS:kjd tract-a-2) AG£1~O& I T£1'~ i MAY 0 I] 2001 Wils nMiller New D~ec~ons In P~nlng, Oes~n & Englnee#ng (4J-308 Easement #1 ) Description of easement for sanitary sewer; part of Tract "B" of "EAGLE CREEK COUNTRY CLUB": (Plat Book 4, pages 1-5) Collier County, Florida A 20.00 foot wide easement for sanitary sewer purposes over and across all tha( part of Tract "B" of 'EAGLE CREEK COUNTRY CLUB", according to the Tract Maps thereof as recorded in Plat Book 14, pages 1 through 5, inclusive, Collier County Public Records; Collier County, Florida, lying 10.00 feet on each side of the hereinafter described centerline of easement; Commencing at Reference Point No. 3 as shown on the boundary of said Tract "B"' thence along the southerly boundary of said Tract "B", South 66"00'00" West 365.30 feet; thence along the westerly boundary of said T'ract "B", North 16°24'00'' West 304.76 feet; thence along the westerly boundary of said Tract "B", northwesterly 123.82 feet along the arc of a circular curve concave to the southwest, having a radius of 240.00 feet through a central angle of 29°33'34'', subtended by a chord which bears North 31°10'47" West 122.45 feet to the Point of Beginning of said centerline of easement herein described; thence along said centerline of easement North 09053'33'' East 298.94 feet to the Point of Ending of said centerline of easement, being a 20.00.foot wide easement for sanitary sewer purposes over and across part of Tract "B" of said Eagle Creek Country Club (Plat Book 14, pages I through 5), Collier County Public Records, Collier County, Florida; Side lines of said easement are to ~)e extended or lengthened to lie on the southerly boundary of said Tract "B': Subject to easements and restrictions of record. Bearings are based on {-he southerly line of Tract "B" being South 66°00'00" West. Certificate of authorization #LB-43. WilsonMiller, Inc. Registered Engineers and Land Surveyors BY(,~)~ t--. b~outwelt, P.S.M ¢: :- '4 Re/. 5J-45 - 4J-308 Not valid unless embossed with the Professional's seal. Date September 30, 1999 Naples Fort Myers Sarasota Bradenton Tampa 3200 Pa/ley LaIJe, Suile 200 Nap/es, Flor~da 34105-8507 947-649-4040,~ 941-643-5716 www. w/l$onmiller, corn NO. HAY 0 8 2001 laG. WilsOnMiller i EKHIBIT J ~- /t ., (4J-308 Easement #2) Description of easement for Sanitary Sewer and Pump Station "B"; part of Tract "B" of "EAGLE CREEK cOUNTRY CLUB", (Plat Book 14, pages 1-5) Collier County, Flodda An easement for sanitary sewer and pump station purposes over and across all that part of Tract "B" of "EAGLE CREEK COUNTR~ CLUB" according to the Tract Maps thereof as recorded in Plat Book 14, pages 1 through 5, inclusive, Collier County Public Records, Collier County, Florida being described as follows: Commencing at Reference Point No. 2 as shown on the boundary of said Undivided Tract "B"; thence along the northeasterly line of said undivided Tract "B" in the following six described courses: 1) southeasterly 193.08 feet along the arc of a circular curve concave to the southwest, 2) 3) 4) 5) having a radius of 375:00 feet through a central angle of 29°30'00" subtended by a chord which bears South 68°45'00" East 190.95 lest; South 54°00'00" East 150.00 feet; southeasterly 128.72 feet along the arc of a circular curve, concave to the southwest, having a radius of 295.00 feet through a central angle of 25°00'00" subtended by a chord which bears South 41030'00" East 127.70 feet; South 29°00'00'' East 61:59 feet; " southeasterly 195.70 feet along the arc of a circular curve concave to the northeast, having a radius of 345.00 feet, through a central angle of 32030'00'', subtended by a chord which bears South 45015'00'' East 193.08 feet; South 61030'00" East 183.00 feet to the Point of Beginning of the easement for sanitary sewer and pump station purposes herein described; thence continue along the northeasterly line of said Tract "B", South 61030'00" East 122.80 feet; thence continue along the northeasterly line of said Tract "B", southeasterly 92.93 feet along the arc of a circular curve concave to the northeast, having a radius of 345.00 feet, through a central angle of 15°26'00'', subtended by a chord which bears South 69°13'00'' East 92.65 feet; _ thence leaving the boundary of said Tract "B", South 13°04'00" West 57.61 feet; thence South 80017'54" East 164.07 feet; thence North 62°57'14" East 100.81 feet to the northeasterly boundary of said Tract "B"; thence along said line, southeasterly 16.85 feet along the arc of a circular curve concave to the southwest having a radius of 148.49 feet through a central angle of 06°30'00'' and being subtended by a chord which bears South 51o45'00'' East 16.84 feet; thence continue along said line, South 48o30'00" East 95.07 feet; thence leaving said line, South 41°30'00'' West 15.00 feet; thence North 48°30'00" West 101.28 feet;, thence South 62°58'29" West 89.80 feet; thence South 02044'58" West 105.92 feet; thence South 65°31'33" East 124.29 feet; 6) Naples Fart Myers Saresota Bradenton Tampa 3200 Bailey Lane, Suite 200 Naples. Florida 34105-8507 941-649-4040 '~ 941-643-5716 wv~v. wil$onmiller, corn HAY 0 $ 2001 WilsdnMiller (4J-308 Easement #2) Description of easement for Sanitary Sewer and Pump Station "B"; part of Tract "B" of "EAGLE CREEK COUNTRY CLUB", (Plat Book 14, pages 1-5) Collier County, Flodda (continued) thence South 31°38'10" East 88.22 feet; thence South 55°24'00" East 216.42 feet; thence South 34036'00" West 15.00 feet; thence North 55°24'00" West 219.58 feet; thence North 31°38'10" West 86.80 feet; thence North 65o31'33" West 129.89 feet; thence North 02044'58" East 113.80 feet; thence North 80017'54" West 198.60 feet; thence North 52042'00" West 166.39 feet; thence North 60°23'47" West 225.30 feet; thence North 49020'02'' West 240.34 feet; thence North 56028'58'' West 204.38 feet; thence North 33o31'02" East 20.00 feet; thence South 56028'58'' East 205.62 feet; thence South 49°20'02'' East 239.66 feet; thence South 60°23'47" East 189.29 feet; thence North 28°30'00'' East 23.67 feet to the Point of Beginning, being an easement for sanitary sewer and pump station purposes over and across part of undivided Tract "B" of Eagle Creek Country Club, Plat Book 14, pages 1 through 5, inclusive, .Collier County Public Records, Collier County, Flodda~ Subject to easements and restrictions of record Bearings are based on the southerly line ~f Tract "B" (said line being the common line with Tract "C") being South 66°00'00" West. Certificate of authorization #LB-43. WilsonMiller, Inc. Registered Engineers and Land Surveyors E~ Date P.S.M. #3934 Ref. 5J-45 - 4J-308 Not valid unless embossed with the Professional's seal. HAY 0 8 2001 WilsOnMiller New Directions In P~annlng, De$10n & Engifleedn~ (4J-306 Easement #4) Legal description Centerline of a 15' County Utility Easement, The Shops at Eagle Creek Phase One and Two, being a part of the northwest ¼ of Section 3, Township 51 South, Range 26 East, and Tracts M-1 and M-2, of Crystal Lake Terraces at Eagle Creek, Plat Book 16, pages 30 and 31, Collier County, Florida A fifteen foot easement lying 7.5 'feet on each side of the hereinafter described centerline of easement, being a part of The Shops of Eagle Creek Phase One and Two, and being a part of the northwest ¼ of Section 3, Township 51 South, Range 26 East, and Tracts M-1 and M-2, of Crystal Lake Terraces at Eagle Creek, Plat Book 16, pages 30 and 31, Collier County, Florida, being more particularly described as follows: Commencing at the northeasterlymost corner, of said Tract M-l; thence along the boundary of sald Tract M-l, North 87°30'54" West 248.62 feet; thence continue along said boundary, North 02°29'06'' East 127.38 feet; thence leaving said boundary, South 87"30'54" East 45.48 feet to the Point of Beginning of said centerline of easement; thence North 02°51'51" East 163.71 feet; thence North 34°08'45'' East 12.00 feet to a point hereinafter referred t© as Point thence South 34°08'45'' West 12.00 feet; thence North 54°20'32'' West 400.08 feet; thence North 00°54'38" East 6.08 feet to a point hereinafter referred to as Point "A"; thence South 83°34'51'' West 182.58 feet; thence North 54°20'32'' West 68.41..feet; thence South 35°39'28'' West 40.85 feet; thence North 35°39'28'' East 40.85 feet; thence North 54°20'32" West 395.94 feet; thence North 35°39'28'' East 76.00 feet; thence North 54°20'32'' West 197.66 feet; thence North 61°48'12" West 193.32 feet; thence North 01°01'55'' East 307.69 feet; thence South 88°58'05" East 153.00 feet to a Place of En-ding; thence return to the aforementioned Point "A"; thence continue along said centerline North 00°54'38" East 301.08 feet; thence North 35°39'28'' East 254.92 feet; thence North 54°20'32'' West 381.37 feet;' thence North 52°11'35" West 410.00 feet to a Place of Ending~ (4J-306 Easement #4) Legal description Naplas Fort Myers Sarasota Bradenton Tampa 3200 Bailey Lane. Suite 200 N,lples. Rot/da 34105-~507 947-649-4040 '~ 941-643-5716" wv,w. wll$onmlller, corn HAY 0 8 2001 PG. '/'/"~ ? / / / /' / / / / ///' / / / / , / lAY 0 8 2001 WilspnMiller New Directions In tVennlng. Design & EnoineednO (4J-307 Easement #3) Legal Description Centerline of a 15' County Utility Easement Part of Tract M-2R Crystal Lake Terraces at Eagle Creek Replat, Plat Book 28, pages 72-74, Collier County, Florida A fifteen foot easement lying 7.5 feet on each side of the hereinafter described centedine of easement, being a part of Tract M-2R of Crystal Lake Terraces at Eagle Creek Replat according to the plat thereof as recorded in Plat Book 28, pages 72-74, Collier County, Florida being more particularly described as follows: Commencing at the southerlymost comer of said Tract M-2R; thence along the east line of said tract in the following seven courses: 1) North 35°39'28' East 50.11 feet; 2) northerly 21.31 feet along the arc of a circular curve concave to the northwest having a radius of 53.00 feet, through a central angle of 23°02'00" an.(1 being subtended by a chord which bears North 24008'27- East 21.16 feet; 3) North 12°37'28- East 27.55 feet; 4) northerly 39.00 feet along the arc of a circular curve concave to the southeast having a radius of 97.00 feet, through a central angle of 23002'00" and being subtended by a chord which bears North 24008'27- East 38.73 feet; 5) North 35°39'28" East 48.33 feet; 6) northerly 16.75 feet along the arc of a circular curve concave to the west, having a radius of 17.00 feet through a central angle of 56°27'09" and being subtended by a ci:~ord which bears North 07025'53- East 16.08 feet to a point of reverse curvature; 7) northerly 45.51 feet along the arc of a circular curve concave to the east having a radius of 59.00 feet through a central angle of 44°11'42" and being subtended by a chord which beam North 01°i8'10- East 44.39 feet to the Point of Beginning of the centerline herein described; thence leaving said line, North 30°45'31' West 33.56 feet; thence Nodh 40°33'44" West 135.97 feet;: thence North 54°13'10" West 257.82 feet to the Place of Ending. Side lines of said easement are to be extended or lengthened to lie on the easterly line of said M-2R; Subject to easements and restrictions of record. ,;. Bea~ings are based on the s~uthwesterly line of Tract M-2R being Nodh '54020'32" West. Certificate of authorization #LB-43. WilsonMiller, Inc. Registered Engineers and Land Surveyors By:/~ ~ Date . Boutwell, P.S.M. #3934 Reft 4J-307 Not valid unless embossed with the Professionars seal. Naples Fort Myers Sarasota Bradenton Tampa 3200 Bailey Lane, Suite 200 Nap/es, Florida 34105-8507 941-649-4040 ~ 941-643-5716 www. wilson/nil~er, corn HAY 0 8 2001 p~. ,,~/~, l IEXHI EIIT AGREEMENT AND SEWER FACILITIES LEASES TO BE TERMINATED OR BOOK 1317, PAGES 23-8: OR BOOK 1164, PAGES 1454-8: OR BOOK 1175,' PAGES 633-9: OR BOOK 1239, PAGES 2060-2: OR BOOK 1239, PAGES 2063-8: (AGREEMENT) (~HnS~S ~ & n) (~c~ ~) (~H~s~ n~) (TRACTS B-3 & B-4) HAY 0 8 2001 EXECUTIVE SUMMARY AWARD CONTRACT TO CONSTRUCT SOUTH COUNTY REGIONAL WATER TREATMENT 8-MGD REVERSE OSMOSIS EXPANSION, BID 01-3194, PROJECT 70054. OBJECTIVE: That the Board of County Commissioners, as Ex-Officio the Governing Board of the Collier County Water-Sewer District, award a contract to construct the South County Regional Water Treatment Plant (SCRWTP) 8-MGD (million gallons per day) Reverse Osmosis Expansion for the Water Department. CONSIDERATIONS: On January 17, 2001, six hundred and thirty-seven bid notices for the SCRWTP 8-MGD Reverse Osmosis Expansion were sent out. Sixteen sets of bid documents were sold to interested bidders and suppliers. On March 15, 2001, five bids were received as described in the attached bid tabulation table and are summarized below as follows: Add-on Bid Add-on Bid Add-on Bid BIDDER Total Base Bid Alternate 5.1 Alternate 5.2 Alternate 5.3 United Engineering Corporation $22,999,350 $1,500,000 $325,000 $30,000 Beers Construction Company $24,849,364 $1,190,000 $300,000 $30,000 Harry Pepper & Associates, Inc. $27,608,187 $1,060,000 $300,000 $27,000 Project Integration, Inc. $29,295,425 $1,277,497 $345,392 $30,000 D. N. Higgins, Inc. $35,188,080 $1,500,000 $256,000 $80,000 United Engineering Corporation was the lowest, responsive bidder with a total base bid of $22,999,350. They are also the lowest responsive bidder when including all three Alternates 5.1, 5.2, and 5.3, with the total base bid for a bid total of $24,854,350. Alternate 5.1 is for furnishing a six million gallon storage tank; Alternate 5.2 is to build out the second floor of the new reverse osmosis building; and Alternate 5.3 is for the instrumentation programming. i IT£H~ 2001 Executive Summary AwardBid 01-3194, SCRWTP 8-MGD Reverse Osmosis Expansion Page 2 of 3 United Engineering Corporation, Inc. has a satisfactory performance record on previous projects involving similar work. In the attached letter dated April 19, 2001, the Design Professional, Metcalf & Eddy, Inc., recommends awarding the total base bid including Alternate Bid Items 5.1, 5.2, 5.3 to United Engineering Corporation. Staff recommends awarding the bid to the lowest bidder, United Engineering Corporation, for the total base bid including all three bid alternates 5.1, 5.2, and 5.3 in the amount of $24,854,350. In recommending this bid, it must be noted that property and utility easement acquisitions for new wells are still pending for the South County Regional Water Treatment Plant Reverse Osmosis Expansion project. A resolution authorizing property exchange, utility easement acquisitions, and a design/construction agreement was authorized by the Board as Agenda Item 16(c)(17) on August 1, 2000. However, this agreement has been on hold pending acquisition of a parcel from a third-party property owner. The third-party property owner is not party to the August 1, 2000 easement acquisition agreement and has no obligation to sell an easement to the County. Staff is pursuing a parallel path to obtain the needed easements by preparing separate resolutions for purchase by gift, purchase, or by condemnation of said property. Construction work will be phased to coincide with the schedule to acquire easements by September 2001. If the necessary easements are not acquired by September 2001, then the expanded facilities will not be available in time to meet projected peak water demands in the first quarter of 2003. This may lead to water restrictions which could include reduced delivery pressures or mandatory growth-control measures. FISCAL IMPACT: Funds are currently budgeted for the South County Regional Water Treatment Plant 8-MGD Reverse Osmosis Expansion project. Source of funds are impact fees. Work will be authorized in phases. For this FY01, $23,354,350 will be authorized for the Total Base Bid including the two Alternate Items 5.2 and 5.3. The remaining Alternate Item 5.1 costing $1,500,000 will be budgeted and authorized in FY02. GROWTH MANAGEMENT IMPACT: This project is needed to meet future growth potable water demands in the water service area as recommended in the 1996 Water Master Plan Update adopted by the Board on October 22, 1996, Agenda Item 8(B)(1). N0._//,F__, C~ HAY 0 8 2001 PG. ~ Executive Summary Award Bid 01-3194, SCRWTP 8-MGD Reverse Osmosis Expansion Page 3 of 3 RECOMMENDATIONS: Staff recommends that the Board of County Commissioners, as Ex-Officio the Governing Board of the Collier County Water-Sewer District, award the bid and authorize the Chairman to execute a Contract with United Engineering Corporation, in the amount of $24,854,350 to construct Bid 01-3194, SCRWTP 8-MGD Reverse Osmosis Expansion. PREPARED BY: ~/~ ~ DATE: Mohan V. Thampi, P.E., Project Manager Public Utilities Engineering Department REVIEWED BY: ~ ~/~, ~/~ Steve Carnell, ~irector Purchasing Department DATE: REVIEWED BY: Karl W. Boy~erim DirectorDATE: P}~ic Utiliti~Engineeri_r Department Charles Carrington, DiVc~or t ~' Real Property Departme~nt REVIEWED BY: ?a/ul Mattausch, Water Director P/ublic Utilities Water Department APPROVED BY: ~.E., ~tor Ja ° ~ Public Utilities Division DATE: DATE: Attachment: Award Recommendation Letter dated April 19,2001 from Metcalf & Eddy, Inc. with Bid Tabulation. MVT:mvt AGENDA ITEI~ NO._ I (,, C~ ~ HAY 0 8 2001 PG._ ~ Metcalf & Eddy 301 Clematis Street Suite 201 West Palm Beach, Florida 33401 Tel: 561-833-8340 Fax: 561-833-8519 www.m-e.com April 19, 2001 Mr. Mohan Thampi, P.E. Project Manager Collier County Public Utilities Engineering 3301 E. Tamiami Trail, Bldg. H Naples, Florida 34112 Re: Collier County South Regional Water Treatment Plant 8-MGD KO Expansion Sealed Bid No. 01-3194 Recommendation of Bid Award Dear Mr. Thampi: Bids were received from five contractors for the above referenced project. On March 15, 2001 at 2:30 p.m., bids were opened by the Collier County Purchasing Department. The bidders and bid prices are summarized in the attached bid tabulation sheet. Metcalf & Eddy (M&E) has reviewed the bid prices submitted in the Schedule of Prices for the bid and have found them to be in good order. In addition, the bids were reviewed for compliance with the bid documents for the two lowest bidders. Based on our review, we believe that the bids are in compliance with the bid documents and are reasonable proposals for performing the required work. The apparent Iow bidder is United Engineering Corporation (UEC) at $22,999,350. M&E performed a reference check on UEC by calling various references on the telephone. In addition to the telephone interviews conducted, site visits were performed to physically view the work by UEC and the owners relationship with the contractor. The City of West Palm Beach Wastewater Treatment Plant was the site visited by Collier County and M&E staff Both parties were satisfied based on their observations of work performed. Additional information on material suppliers was requested and supplied by UEC. .V. AECC)M ('*~,.,'.,.y'~ MAY 0 8 2§01 The bonding company used for this project is National Union Fire Insurance Co. After checking the bonding company we found that National Union Fire Insurance Co. of Pittsburgh, Pennsylvania is a valid bonding company listed in the Department of the Treasury's Listing of approved Sureties (Dept Circular 570) and licensed to do business in the State of Florida. Based on the responsive bid from UEC, the reference checks, and the visit to one of its ongoing projects, it is our opinion that UEC appears qualified to undertake the required work. M&E's cost estimate for the project was $21.6 million last May 2000 when the budget was determined by County Staff and M&E. However, additional required construction items and an $300,000 allowance Were added to the total base bid design which increased the original cost budget. The estimate just before the bid including the added items was $22,641,726. Excluding the $300, 000 allowance, the lowest base bid falls within M&E's final estimate. A more detailed analysis in provided in a separate letter. M&E recommends the County award the contract for this work to UEC in the amount of $22,999,350.00 for the base bid and an additional $1,855,000.00 for the three alternate bid items 5. 1, 5.2, and 5.3. The County will in our opinion save money by constructing the alternate items now. Please call if we can be of further assistance in answering any questions on the' bids. We would appreciate being informed of any action necessary so that we can proceed in preparing the contracts for execution. Please be advised the specifications require that the bidder be notified of your decision in awarding or rejecting the bids no later than July 9, 2001. Should you have any questions, please call us. Very truly yours, METCALF & EDDY I~e~ J.~Ameno, Jr., P.E. Associate CC: Albert Muniz Simon Rodriguez Bob Ortiz Kirk Martin Lyn Wood AGENO& ~0.. HAY 0 8 2001 AG~NO& I TF.~i HAY 0 8 2001 PG. ~ EXECUTIVE SUMMARY AWARD A CONTRACT TO GULF STATES, INC. TO CONSTRUCT THE VINEYARDS REUSE WATER AUTOMATION PROJECT, BID NO. 01-3211, PROJECT 74015. OBJECTIVE: To automate the reuse water service to the Vineyards. CONSIDERATIONS: The FDEP permit for reuse service to the Vineyards requires that we automatically stop the discharge of reclaimed water into the Vineyards lakes once they are full. This project will provide water level sensors at the discharge control structures of the lakes and the controls to automatically close the valves in the reclaimed water lines that discharge to the lakes. The project was advertised for bids due on March 21, 2001. One bid in the amount of $169,150.00 was received from Gulf States, Inc. The Engineer's Estimate for the project was $166,800. Gulf States, Inc. was the only, responsive bidder. Gulf States, Inc. has a satisfactory performance record on previous projects involving similar work. The Engineer has reviewed the bid and recommends award to them. FISCAL IMPACT: Funds in the amount of $169,150.00 are available in the Wastewater Capital Fund. Source of funds is .User Fees. GROWTH MANAGEMENT IMPACT: The project is not growth related. RECOMMENDATIONS: That the Board of County Commissioners, as Ex-officio the Governing Board of the Collier County Water-Sewer District, award a contract to Gulf States, Inc. and authorize the Chairman to execute an Agreement in the amount of $169,150.00 for Bid 01-3211. pREPARED BY: Ronald F. Dillard, P.E., Project Manager Public Utilities Engineering Department DATE: HAY O 8 2001 Executive Summary Award Contract Page 2 REVIEWED BY: REVIEWED BY: REVIEWED BY: APPROVED BY: RFD:rfd Karl W. Boyer, P.E~o Public Utilities Engineering Department DATE: Steve Camel~, Purchasing Director DATE: jo ph~C h~tham~Director J~V. Mudd, Administrator Public Utilities Division DATE: DATE: ~. I~C. HAY 0 8 2001 TLE Tilden Lobnitz Cooper Engineering for Architecture COLLIER COUNTY PUBLIC UTILITIES, DIVIS)ON OI APR-~ PH 5: 3~ March 30, 2001 Ron Dillard, PE 'Collier County Public Utilities Division Public Utilities Engineering Dept. 3301 E. Tamiami Trail Naples, FL 34112 Re: Vineyards Reuse Automation, Collier County Project No. 74015 TLC Project #400027 Dear Ron:. We have reviewed the one bid package received for Vineyards Reuse Project. The bid package appears to be in order and within 1.5% of the engineer's estimate. Tilden Lobnitz Cooper recommends award of the bid to Gulf States, Inc at $169,150 and without the deductive alternate. If you have any questions please call me at 275-4240. Sincerely, Tilden Lobnitz Cooper Don Williams, PE Director of Electrical Engineering H:\WORDPROC\00_JObs\00027: VineyardsReuse Automafiontrecommendation.doc 1400 Colonial Bouleva, Suite 203 ] HAY 0 8 2001 I "~., ~,, BID PROPOSAL COLLIER COUNTY WATER-SEWER DISTRICT COLLIER COUNTY, FLORIDA Vineyards Reuse Water Automation Bid No.01-3211 Full Name of Bidder Main Business Address Gulf States, Inc. 4585 Progress Ave. Naples, FL 34104 Place of Business State Contractor's License # 4585 Pro.qress Ave. Naples, FL 34104 EC000343 Telephone No. (941) 263-7137 ' Fax No. (941) 263-7328 To: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT (hereinafter called the Owner). The undersigned, as Bidder declares that the only person or parties interested in this Proposal as principals are those named herein, that this Proposal is made without collusion with any other person, firm or corporation; that' he has carefully examined the location of the proposed work, the proposed forms of Agreement and Bonds, and the Contract Drawings and Specifications, including Addenda issued thereto and ackr~owledges receipt below: Contractor's Addendum Number Date Issued Initials Bidder proposes, and agrees if this Proposal is accepted, Bidder will contract with the Owner in the form of the copy of the Agreement included in these Contract Documents, to provide all necessary machinery, tools, apparatus and other means of construction, including utility and transportation services necessary to do all the! Work, and furnish all the materials and equipment specified or referred to in the Contract Documents in the manner and time herein prescribed and according to the requirements of the Owner as therein set forth, furnish the Contractor's Bonds and Insurance specified in the General Conditions of the Contract, and to do all other things required of the Contractor by the Contract Documents, and that he will take full payment the sums set forth in the followina Bid Schedule: NOTE: If you choose to bid, please submit an ORIGINAL and ONE COPY of your proposal WS-P-1 pages. AGENOA IT£H ,o. tl.r MAY 0 8 2 81 Item Description BID SCHEDULE VINEYARDS REUSE WATER AUTOMATION COUNTY BID NO.01-3211 Unit Provide a complete and operational instrumentation and control system to automate the existing Vineyards Reuse Water delivery system. Provide and install control panels, fiber optic communication link, radio communication links, electdc utility services, telemetry interface, programmable logic controller hardware and software, level transmitters, flow transmitters, pressure transmitters, conduit and wire systems, grounding, bonding, and surge suppression systems. Restore disturbed areas to an equal or better condition. LS One Hundred Sixty Ni0e Thousand, One Hundred Fifty Dollars Quantity Total Price $169,150.00 (Total Base Bid Wdtten in Words) Deductive Alternate No. 1 The base lump sum bidqncludes an underground fiber optic link encased in SChedule 80 PVC conduit. Deductive Alternate No.,1 eliminates the PVC encasement and fiber Cable and substitutes direct burial armored fiber optic cable as specified and detailed on the drawings and specifications. DEDUCT: $ 3~250.00 WS-P~2 AGi~NDA ZTEFI _ ,0._ / ~ C_._. /~ HAY 0 8 200I EXECUTIVE SUMMARY AUTHORIZE THE CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS TO EXECUTE THREE SOVEREIGN SUBMERGED LANDS EASEMENTS FOR THE COLLIER BAY ENTRANCE CHANNEL DREDGING AND HIDEAWAY BEACH TEMPORARY T-GROIN CONSTRUCTION PROJECTS. OBJECTIVE: To obtain the notarized signature of the commission chairman along with two witnesses as required by the Florida Department of Environmental Protection for granting sovereign submerged lands easements for the Collier Bay Entrance Dredging and Hideaway Beach Temporary T-Groin construction projects. CONSIDERATIONS: On March 21, 2001, the Florida Department of Environmental Protection issued a Consolidated Joint Coastal Permit and Intent to Grant Sovereign Submerged Lands Authorization for the Collier Bay Entrance Dredging and Hideaway Beach Temporary T- Groin construction projects. The activity description contained in said permit is as follows: "The project is to dredge the entrance channel to Collier Bay and install two additional temporary T-groins on Hideaway Beach. Fill generated from the dredging of the Collier Bay entrance channel will be placed between the existing and proposed temporary T-head groins (T- groins) along Hideaway Beach at Royal Marco Point and South Point. Approximately 18,000 cubic yards of beach quality material will be dredged and placed on Hideaway Beach. Approximately 4,173 cubic yards of beach compatible material will be dredged from two nearshore borrow areas to fill the "sand filled geotextile bags" used to construct the two T- groins. This temporary measure would be subject to an extensive hydrographic and bathymetric study. During the monitoring period the configuration of the structures will be adjusted and analyzed to determine the optimum design." This activity requires a proprietary authorization, as the activity is located on sovereign submerged lands owned by the Board of Trustees of the Internal Improvement Trust Fund. As staff to the Board of Trustees, the Florida Department of Environmental Protection has reviewed the described activity and has determined that the beach placement activity requires three (3) public easements for the use of those lands. The final documents required to execute the public easements (Instrument No. 30620, B0T File No. 110222755; Instrument No. 30621, BOT File No, 110222765; and Instrument No. 30622, BOT File No. 110222775) are attached hereto. Each easement requires the notarized signature of the Commission Chairman (with two witnesses). Authorization to provide the required signatures is hereby requested. FISCAL IMPACT: The cost associated with this action is that of recording fees in the amount of $133.50. Sufficient funds for this obligation are available in account nnmber 195-110406- 10291. The source of funds is the Tourist Development Tax. GROWTH MANAGEMENT IMPACT: related to this action. There is no impact to the Growth Management Plan HAY 0 8 2001 Executive Summary Three Sovereign Submerged Lands Easements May 8, 2001 RE COMMENDATION: That the Board of County Commissioners: Authorize execution of the attached Soverign Submerged Lands Easements by the notarized signature of the Commission Chairman (with two witnesses). Authorize the fully executed easements to be recorded in the public records of Collier County. SUBMITTED BY: REVIEWED BY: APPROVED BY: Harold E. Huber, Project Manager III Public Utilities Engineering Department ~ ' -~"~~'~' or DATE: Karl W Boyer, P E, Interim D~rect Public Utilities Engineering Department Public Utilities Division 4. z¢. o/ Attachments Th/s Instrument Prepared By: M. Sue Jones Recurring Revenue Section Bureau of Public Land Administration 3900 Commonwealth Boulevard Mail Station No. 125 Tallahassee, Florida 32399 BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA - SOVEREIGN SUBMERGED LANDS EASEMENT NO. 30621 BOT FILE NO. 110222765 PA NO. 0068737-002-JC THIS EASEMENT is hereby granted by the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida, hereinafter referred to as the Grantor. W1TNESSETH: That for the faithful and timely performance of and compliance with the terms and conditions stated herein, the Grantor does hereby grant to Collier County Board of County Commissioners, a political subdivision of the State of FlofirlE, hereinafter referred to as the Grantee, a nonexclusive easement on, under and across the sovereign lands, if any, contained in the following legal description: A parcel of submerged land in Sectiom 0..0_5,5 Towuship 52 8outlx Range 26 E.~6~L in ~ Collier County, as is more particularly described and shown on Attachment A, dated Se tember 21 2000. TO HAVE THE USE OF the hereinabove described premises from March 21, 2001, the effective date of this easement. The terms and conditions of and for which this easement is granted are as follows: 1. USE OF PROPERTY: The above described parcel of land shall be used solely for a (Royal Marco Point_) near shore borrow area and Grantee shall not engage in any activity except as described in the Department of Environmental Protection, Cousolidated Joint Coastal Permit No..0068738-002-$C, dated March 21, 2001, incorporated herein and made a part of this easement by reference. All of the foregoing subject to the remaining conditions of this Easement. 2. ~ASEMENT CONSIDERATiON: In the event the Grantor amends its roles related to fees and the amended roles provide the Grantee will be charged a fee or an increased fee for this activity, the Grantee agrees to pay all charges required by such amended rules within 90 days of the date the amended rules become effective or by a date provided by an invoice from the Department, whichever is later. All fees charged under this provision shall be prospective in nature; i.e. they shall begin to accrue on the date that the amended rules become effective. 3. WARRANTY OF TITLE/GUARANTEE OF SUITABILITY OF USE OF LAND: Grantor neither warrants title to the lands described herein nor guarantees the suitability of any of the lands for any particular use. 4. RIGHTS GRANTED: The rights hereby granted shall be subject to any and all prior fights of the United States and any and all prior grants by the Grantor in and to the submerged lauds situated within the limits of this easement. 5. DAMAGE TO EASEMENT PROPERTY AND INTERFERENCE WITH PUBLIC AND PRIVA'I t,; RIGHTS: Grantee shall not damage the easement lands or unduly interfere with public or private rights therein. 6. GRANTOR'S RIGHT TO GRANT COMPATIBLE USES OF THE EASEMENT PROPERTY: This easement is nonexclusive, and the Grantor, or its duly authorized agent, shall retain the right to enter the property or to engage in management activities not inconsistent with the use herein provided for and shall retain the right to grant compatible uses of the property to third parties during the term of this easement. 7. RIGHT TO INSPECT: Grantor, or its duly authorized agent, shall have the right at'any time to inspect the works and opemtious of the Grantee in any matter pertaining to this easement. [40] HAY 0 8 2001 8. INDEMNIHCATION/INVESTIGATION OF ALL CLAIMS: The Grantee shall investigate all claims of eve~ nature at its expense. Each party is responsible for all pers0~ml injury and property damage attribnlable to the negligent acts or omissions of that party and the officers, employees and. agents thereof. Nothing herein shall be construed as an indemnity or a waiver of sovereign immunity enjoyed by any party hereto, as provided in Section 768.28, Florida Statutes, as amended from lime to time, or any other law providing limitations on claims. 9. VENUE: Grantee waives venue as to any litigation arising from matters relating to this easement and any such litigation between Grantor and Grantee shall be initiated and maintained only in Leon County, Florida. 10. ASSIGNMENT OF EASEMENT: This easement shah not be assigned or otherwise transferred without prior w~itten consent of the Grantor or its duly authorized agent. Any assignment or other transfer without prior written consent of the Grantor shall be null and void and without legal effect. 11. TERMINATION: The Grantee, by acceptance oft_his easement, binds itself, its successors and assigns, to abide by the provisions and conditions herein set forth, and said provisions and conditions shall be deemed covenants of the Grantee, its successors and assigns. In the event the Grantee fails or refuses to comply with the provisions and conditions herein set forth or in the event the Grantee violates any of the provisions and conditions herein, this easement may be terminated by the Grantor upon 30 days written notice to Grantee. If terminated, all of the above-described parcel of land shall revert to the Grantor. All costs, including attorneys' fees, incurred by the Grantor to enforce the provisions of this easement shah be paid by the Grantee. All notices required to be given'to Grantee by this easement or applicable law or administrative rnles shall be sufficient if sent by U.S. Mail to the following address: Collier County Board of County Commissioners 3302 Tamiami Trail East Naples, Florida 34112-4902 The Grantee agrees to notify the Grantor by certified mail of any changes to this address ai least ten (10) days before the change is effective. 12. TAXES AND ASSESSMENTS: The Grantee shah assume all responslbflity for liabilities that accrue to the subject property or to the improvements thereon, including any and all drainage or special assessments or ~ taxes of every kind and description which are now or may be hereafter lawfully assessed and levied against the subject property during the effective period of this easement which result from the grant of this easement or the activities of Grantee hereunder. 13. REMOVALOF STRUCTUReS/ADMINISTRATIVE FINES: If the Grantee does not remove said structures and equipment occupying and erected upon the premises after expiration or cancellation of this easement, such structures and equipment will be deemed forfeited to the Grantor, and the Grantor may authorize removal and may sell such forfeited stmctuxes and equipment after ten (10) days written notice by certified marl addressed to the Grantee at the address specified in Item 11 or at such address on record as provided to the Grantor by the Grantee. However, such remedy shall be in addition to all other remedies available to Grantor under applicable laws, roles and regulations including the right to compel removal of all structures and the right to impose administrative fines. 14. ENFORCEMENT OF PROVISIONS: No failure, or successive failures, on the part of the Grantor to enfome any provision, nor any waiver or successive waivers on its part of any provision herein, shall operate as a discharge thereof or render the same inoperative or impair the right of the Grantor to enforce the same upon any renewal thereof or in the event of subsequent breach or breaches. 15. RECORDATION OF EASEMENT: The Grantee, at its own expense, shall record this fully executed easement in its entirety in the public records of the county within which the easement site is located within fourteen (14) days after receipt, and shall provide to the Grantor within ten (10) days following the recordation a copy of.the recorded easement in its entirety which contains the O.K. Book and pages at which the easement is recorded. 16. AMENDMENTS/MODIFICATIONS: This easement is the entire and only agreement between the parties. Its provisions are not severable. Any amendment or modification to this easement must be in writing and must be accepted, acknowledged and executed by the Grantee and Grantor. 17. ACOE AUTHORIZATION: Prior to commencement of construction and/or activities authorized herein, the Grantee shall obtain the U.S. Army Corps of Engineers (COE) permit if it is required by the COE. Any modifications to the construction and/or activities authorized herein that may be required by the COE shall require consideration by and the prior written approval of the Grantor prior to the commencement of construction and/or any activities on sovereign, submerged lands. Page 2~_of 7 Pages Easement No. 30621 HAY' 0 8 2001 P~. · _ 18. ADDITIONAL STRUCTURES ORACTIVITIES/EMERGENCY STRU~RAL REPAIRS: No additional structures shall be erected and/or activities undertaken, including but not limited to, dredging, relocation/realignment or major repairs or renovations made to authorized structures, on, in or over sovereignty, submerged lands without the prior written consent of the Grantor, with the exception of emergency repairs. Unless specifically authorized in writing by the Grantor, such activities or sumctures shall be considered unauthorized and a violation of Chapter 253, Florida Statutes, and shall subject the Grantee to administrative fmcs under Chapter 18-14, Florida Administrative Code. If emergency repairs are required to be undertaken in the interests of public health; safety or welfare, the Grantee shall notify the' Grantor of such repairs as quickly as is practicable; provided, however, that suer emergency activities shall not exceed the activities authorized by this easement. 19. UPLAND RIPARIAN PROPERTY INTEREST: During the term of this easement, Grantee, pursuant to 'section 18-21.009, Florida Administxative Code, must either be the record owner of the riparian upland property or have the written consent of the riparian upland property owner(s) to conduct the activity described in this easement. If at any time during the term of this easement, Grantee fails to comply with this requffement, this easement shall terminate and title to this easement shall revert to and vest in the Grantor immediately and automatically. 20. ACCRETION INTEREST: In further consideration of the issuance of this easement by the Grantor, ' Grantee consents to the construction and maintenance of the sU-uctures authorized hereunder and expressly waives any right, title or interest in and to any accretions or additions to Grantee's shoreline resulting from any activity approved herei~ Easement No. 30621 ~,~ HAY § 8 2001 WITNESSES: Original Signature Print/Type of Witness Original Signature PrintiType Name of Witness BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA (SEAL) BY: Kirby B. Green III, Deputy Secretary, Department of Enviromental Protection, as agent for and on behalf of the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida "GRANTOR" STATE OF FLORIDA COUNTY OF LEON The foregoing instrument was acknowledged before me this __ day of ,20___, by Kirby B. Green III, Deputy Sec~etarg, Department of Envirnnmenml Protect/on, as agent for and on behalf of the Board of Trustees of the liarre'hal Improvement Trust Fund of the State of Florida. He is personally known to me. APPROVED AS TO FORM AND LEGALITY: Notary Public, State of Florida DEP Attorney Printed, Typed or Stamped Name My Commission Expires: CommssiontSerial No. WrrNESSES: Collier County Board of County Commissioners, a political subdivision of the State of Florida (SEAL) Original Signature Typed/Printed Name of Wimess Original Signature BY: Original Signature of Executing Authority James D. Carter Typed/Printed Name of Executing Authority Title of Executing Authority Typed/Printed Name of Witness STATE OF COUNTY OF The foregoing instrument was acknowledged before me this __ day of ,20 , by James D. Carter as ~Chairman, for and on behalf of Collier County Board of CounW Commissioners, a political subdivision of the State of Florida. He is personally known to me or who has produced , as identification. My Commission Expires: Notary Public, State of. Commission/Serial No. Page ~ of 7 Pages Easement No. 30621 Printed, Typed or Stamped Name 0 8 2001 PG. ~ , HIDEAWAY COLLIER BEACH EROSION CONTROL AND BAY' ENTRANCE DREDGING GULF OF MEXICO COCONUT ISLAND COLLIER BAY SOUTH POINT (SHEETS 2-8) (~) ADD ONE T-GROIN AND ADD APPROX. 5,600 CY BEACH FILL Q ROYAL MARCO POINT (SHEETS 7-13) ADD ONE T-GROIN AND ADD APPROX. 12,401) CY BEACH FILL Q COLUER BAY ENTRANCE DREDGING RmovE APPROX ~S,O00 CY (SHE[rs 14-1s) HIDEAWAY BEACH -' MARCO ISLAND FOR:COLLIER COUNTY DATE=9/21/O0 JFILE:BO28-CVR JSCALE; NTS JOl~ FILE;9028 JDATUM-,NOVD JSHEET:I OF 16 5679 STRAND COURT ~NAPLES, FL34110 FAX: 941 594 2025 · PHONE: 941 594 2021 Page 5 oF7 Pages E.'tsement No. 30621 7 SKETCH OF DESCRIPtiON'~' OF A PROPOSED SUBMERGED' BORROW AR£A " L:OC BIO MARCO PASS, L YINO. IN SEC~TION ;.5,: TO!WNSHIR,"', RANGE' 25 EAST, COLLIER COUNTY, FLORi£}A Page 6 of? Pages ]i];rsemem No. 30621 Page 7 o1'7 Pages E~t.semen{ No..30621 AGE NO~ . ! TE~ · , NO._. · HAY ~. 8'2001 This Instrument Prepared By: M. Sue Jones Recurring Revenue Section Bureau of Public Land Administration 3900 Commonwealth Boulevard Marl Station No. 125 Tallahassee, Florida 32399 BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA SOVEREIGN SUBMERGED LANDS EASEMENT NO. 30620 BOT FILE NO. 110222755 PA NO. 0068737-002-JC THIS EASEMENT is hereby granted by the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida, hereinafter referred to as the Grantor. WITNESSETH: That for the faithful and timely performance of and compliance with the tenm and conditions stated herein, the Grantor does hereby grant to Collier County Board of County Commissioners, a political subdivision of the State of Florida hereinafter referred to as the Grantee, a nonexclusive easement on, under and across the sovereign lands, if any, contained in the following legal description: A parcel of submerged land in Sections 0_Q~,5 Township 52 South, Range 26 East, inBig Marco Pass, Collier County, as is more particularly described and shown on Attachment A, dated September 21, 2000. TO HAVE THE USE OF the hereinabove described premises from March 21, 2001, the effective date of this easement. The terms and conditions of and for which this easement is granted are as follows: 1. USE OF PROPERTY: The above described parcel of land shall be used solely for a (South Point) near shore borrow area and Grantee shall not engage in any activity except as described in the Department of Environmental Protection, Consolidated Joint Coastal Permit No. 0068738-002-JC dated March 21,2001, incorporated herein and made a part of this easement by reference. Ail of the foregoing subject to the remaining conditions of tiffs Easement. 2. EASEMENT CONSIDERATION: In the event the Grantor amends its roles related to fees and the amended rules provide the Grantee will be charged a fee or an increased fee for this activity, the Grantee agrees to pay all charges required by such amended rules within 90 days of the date the amended rules become effective or by a date provided by an invoice from the Department, whichever is later. All fees charged under this provision shall be prospective in nature; i.e. they shall begin to accrue on the date that the amended rules become effective. 3. WARRANTY OF TITLE/GUARANTEE OF SUITABILITY OF USE OF LAND: Grantor neither warrants title to the lands described herein nor guarantees the suitability of any of the lands for any particular use. 4. RIGHTS GRANTED: The rights hereby granted shall be subject to any and all prior rights of the United States and any and all prior grants by the Grantor in and to the subruerged lands situated within the limits of this easement. 5. DAMAGE TO EASEMENT PROPERTY AND INTERFERENCE WITH PUBLIC AND PRIVATE RIGHTS: Grantee shall not damage the easement lands or unduly interfere with public or private rights therein. 6. GRANTOR'S RIGHT TO GRANT COMPATIBLE USES OF THE EASEMENT PROPERTY: This easement is nonexclusive, and the Grantor, or its duly authorized agent, shall retain the right to enter the property or to engage in management activities not inconsistent with the use herein provided for and shall retain the right to grant compatible uses of the property to third parties dunng the term of this easement. 7. RIGHT TO INSPECT: Grantor, or its duly authorized agent, shall have the right at any time to inspect the works and operations of the Grantee in any matter pertaining to this easement. [40] 200! 8. INDEMNIFICATION/INVESTIGATION OF ALL CLAIMS: The Grantee shall investigate all claims of every nature at its expense. Each party is responsible for all personal injury and property damage attn'butable to the negligent acts or omissions of that party and the officers, employees and agents thereof. Nothing herein shall be construed as an indemnity or a waiver of sovereign immnnlty enjoyed by any party hereto, as provided in Section 768.28, Florida Statutes, as amended from time to time, or any other law providing limitations on claims. 9. VENUE: Grantee waives venue as to any litigation arising from ~natters relating to this easement and any such litigation between Grantor and Grantee shall be initiated and maintained only in Leon County, Florida. I0. ASSIGNMENT OF EASEMENT: This easement shall not be assigned or otherwise lxansferred without prior written consent of the Grantor or its duly authorized agent. Any assignment or other transfer without prior written consent of the Grantor shall be null and void and without legal effect. 11. TERMTNATION: The Grantee, by acceptance of this easement, binds itself, its successors and assigns, to abide by the provisions and conditions herein set forth, and said provisions and conditions shall be deemed covenants of the Grantee, its successors and assigns. In the event the Grantee fails or refuses to comply with the provisions and conditions herein set forth or in the event the Grantee violates any of the provisions and conditions herein, this easement may be terminated by the Grantor upon 30 days written notice to Grantee. If terminated, all of the above-described parcel of land shall revert to the Grantor. All costs, including attorneys' fees, incurred by the Grantor to enforce the provisions of this easement shall be paid by the Cnantee. All notices required to be given to Grantee by this easement or applicable law or administrative rules shall be sufficient if sent by U.S. Mail to the following address: Collier County Board of County Commissioners 3302 Tam/ami Trail East Naples, Florida 34112-4902 The Grantee agrees to notify the Grantor by certified mail of any changes to this address at least ten (10) days before the change is effective. 12. TAXES AND ASSESSMENTS: The Grantee shall assume all responsibility for liabilities that accrue to the subject property or to the improvements thereon, including any and all drainage or special assessments or taxes of every kind and description which are now or may be hereafter lawfully assessed and levied against the subject property during the effective period of this easement which result fi.om the grant of this easement or the activities of Grantee hereunder. 13. REMOVAL OF STRUCTURES/ADMINiSTRATIVE FIN~..q: If the Grantee does not remove said structures and equipment occupying and erected upon the premises after expiration or cancellation of this easement, such structures and equipment will be deemed forfeited to the Grantor, and the Grantor may authorize removal and .may sell such forfeited structures and equipment after ten (10) days written notice by certified mail addressed to the Grantee at the address specified in Item 11 or at such address on record as provided to the Grantor by the Grantee. However, such remedy shall be in addition to all other remedies avai/able to Grantor under applicable laws, roles and regulations including the fight to compel removal of all structures and the right to impose administrative fines. 14. ENFORCEMENT OF PROVISION.q: No failure, or successive failures, on the part of the Grantor to enforce any provision, nor any waiver or successive waivers on its part of any provision herein, shall operate as a discharge thereof or render the same inoperative or impair the right of the Grantor to enforce the same upon any renewal thereof or in the event of subsequent breach or breaches. 15. RECORDATION OF EASEMENT: The Grantee, at its own expense, shall record this fully executed easement in its entirety in the public records of the county within which the easement site is located within fourteen (14) days after receipt, and shall provide to the Grantor within ten (10) days following the recordation a copy of the recorded easement in its entirety which contains the O.R. Book and pages at which the easement is recorded. 16. AMENDMENTS/MODIFICATIONS: This easement is the entire and only agreement between the parties. Its provisions are not severable. Any amendment or modification to this easement must be in writing and must be accepted, acknowledged and executed by the Grantee and Grantor. 17. ACOE AUTHORIZATION: Prior to commencement of construction and/or activities authorized herein, the Grantee shall obtain the U.S. Amay Corps of Engineers (COE) permit if it is required by the COE. Any modifications to the construction and/or activities authorized herein that may be required by the COE shall require consideration by and the prior written approval of the Grantor prior to the commencement of construction and/or any activities on sovereign, submerged lands. Page~2 of 7 Pages Easement No. 30620 MAY 0 8 2001 pG. 18. ADDITIONAL STRUCTURES OR ACTIVITIES/EMERGENCY STRUCTURAL REPAIRS: No addifionaI smacmres shall be erected and/or activities undertaken, ineinding but not limited to, dredging, relocation/realignment or major repairs or renovations made to authorized stn~ctures, on, in or over sovereignty, submerged lands without the prior written consent of the Grantor, with the exception of emergency repairs. Unless specifically authorized in writing by the Grantor, such activities or s~-uetures shall be considered unauthorized and a violation of Chepter 253, Florida Statutes, and shall subject the Grantee to admin{s~:ative fines under Chapter 18-14, Florida Administrative Code. If emergency repairs are required to be undertaken in the interests of public health, safety or welfare, the Grantee shall notify the Grantor of such repairs as quickly as is practicable; provided, however, that such emergency activities shall not exceed the activities authorized by this easement. 19. UPLAND RIPARIAN PROPERTY INTEREST: During the term of this easement, Grantee, pursuant to section 18-2 t.009, Florida Administrative Code, must either be the record owner of the riparian upland property or have the written consent of the riparian upland property owner(s) to cbnduct the activity described in this easement. If at any time during the term of this easement, Grantee fails to comply with this requirement, this easement shall terminate and title to this easement shall revert to and vest in the Grantor immediately and automatically. 20. ACCRETION INTEREST: In further consideration of the issuance of this easement by the Cu-antor, Grantee consents to the consuucfion and maintenance of the structures authorized hereunder and expressly waives any right, title or interest in and to any accretions or additions to Grantee's shoreline resulting from any activity approved herein. Page 3 of 7 Pages Easement No. 30620 MAY 0 8 2001 ~G.,,, I~ ,, WITNESSES: Original Signature Print/Type of Wimess Original Signature Print/Type Name of Witness BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA (SEAL) BY: Kirby B. Green III, Deputy Secretary, Deparlment of Environmental Protection, as agent for and on behalf of the Board of Tmsteas of the Internal Improvc~rnent Trust Fund of the State of Florida "GRANTOR" STATE OF FLORIDA. COUNTY OF LEON The foregoing instrument was acknowledged before me this __. day of 20__, by Kirby B. Green III, Deputy Secretary, Depam-nent of Environmental Protection as agent for and on behalf of the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida. He is personally known to me. APPROVED AS TO FORM AND LEGALITY: Notary Public, State of Florida DEP Attorney Printed, Typed or Stamped Name My Commission Expkes: Commission/Serial No. WITNESSES: Collier County Board of County Commissioners, a political subdivision of the State of Florida (SEAL) Original Signature Typed/Printed Name of Wimess Original Signature BY: Original Signature of Execuling Authority James D. Carter Typed/Printed Name of Executing Authority Chairman Title of Executing Authority Typed/Printed Name of Witness STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 20 , by James D. Carter as Chairman, for and on behalf of Collier County Board of County Commissiomqs, a political subdivision of the State of Florida. He is personally known to me or who has produced as identification. My Commifisiun Expires: Notary Public, State of Commission/Serial No. Printed, Typed or Stamped Name Page 4 of 7..~_. Pages Easement No. 30620 HIDEAWAY BEACH EROSION CONTROL AND GULF OF MEXICO COLLIER BAY ENTRANCE DREDGING COCONUT ~ ISLAND COLLIER BAY (~ SOUTH POINT (SHEETS 2-6) ADD ONE T-GROIN AND ADD APPROX. 5,600 CY BEACH FILL I~) ROYAL MARCO POINT (SHEETS ADD ONE T-GROIN AND ADD APPROX. 12,400 CY BEACH FILL OCOLLIER BAY ENTRANCE DREDGING REMOVE APPROX 18,000 CY (SHEETS 14-16) HIDEAWAY 8EACH "' MARCO ISLAND fOR:COLLIER COUNTY DATE..gt/21/O0 IFiL~;=aO28-CVR ISCALE; NTS JOB FILE:9028 IDATUM:NGVD ISHEET:I ,OF 16 5679 STRAND COURT NAPLES, FL 34110 FAX: 941 594 2025 · PHONE: 941 594 2021 Page 5 o1'7 Pages Easement No. 3(1620 HAY' O; 8 2001 SKETCH OF DESCRIPTION. OF A PROPOSED SUBMERGED BORROW~AR~EA BIO MARCO PASS, LYING IN 8ECTION 5, i!TOWNSH!. RANGE 25 EAST, COLLIER COUNWi:~FL©Rh LEGAL DESCRIPTION FEET 112 A ~ ~ ~/~ ~ ~T Z~ Page 6 or7 Pa/zes Easemen! No. 3062 POINT OF ~.~,INNII4C;--''~ .SIdl~dE~r BORROW AREA . ,t Page 7 or7 Pages Easemenl ~o. 30620 HAY 0 8 2001 This Ins~raent Prepared By: M. Sue Jones Recurring Revenue Section Bureau of Public Land Administration 3900 Commonwealth Boulevard Mail Station No. 125 Tallahassee, Florida 32399 BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA SOVEREIGN SUBMERGED LANDS EASEMENT NO. 30622 BOT FILE NO. 110222775 PA NO. 0068737-002-JC TI-[IS EASEMENT is hereby granted by the Board of Trnstees of the Internal Improvement Trust Fund of the State of,Florida, hereinaRer referred to as the Grantor. WITNESSETH: That for the faithful and timely performance of and compliance with the terms and conditions stated, herein, the Grantor does hereby grant to Collier County Board of County Commlnsioners a political subdivision of the State of Florida, hereinafter refe~xed to as the Grantee, a nonexclusive easement on, under and across the sovereign lands described as follows: A parcel of sovereign submerged land in Sections 05,06,and 07 Township 52 South, Range 26 East, in Collier Bay, Collier County, as is more particularly described and shown on Attachment A, dated September 21, 2000. TO HAVE THE USE OF the hereinabove described premises from March 21, 2001, the effective date of this easement. The terms and conditions of and for which this easement is granted are as follows: 1. USE OF PROPERTY: The above described parcel of land shall be used solely for a public navigational channel and the dredging thereof in the Coller Bay en~xance and Grantee shall not engage in any activity except as described in the Department of Environmental Protection, Consolidated Joint CoastaLPermit No. 0068738-002-JC, dated March 21, 2001, incorporated herein and made a part of t_his easement by reference. All of the foregoing subject to the remaining conditions of this Easement. 2. EASEMENT CONSIDERATION: In the event the Grantor amends its rules related to fees and the amended rules provide the Grantee will be charged a fee or an increased fee for this activity, the Grantee agrees to pay all charges required by such mended rules within 90 days of the date the amended rules become effective or by a date provided by an invoice fi-om the Department, whichever is later. All fees charged under this provision shall be prospective in nature; i.e. they shall begin to accrue on the date that the amended rules become effective. 3. RIGHTS GRANTED: The rights hereby granted shall be subject to any and all prior rights of the United States and any and all prior grants by the Grantor in and to the submerged lands situated within the limits of this easement. 4. DAMAGE TO EASEMENT PROPERTY AND INTERFERENCE WITH PUBLIC AND PRIVATE, RIGHTS: Grantee shall not damage the easement lands or unduly interfere with public or private rights therein. 5. GRANTOR'S RIGHT TO GRANT COMPATIBLE USES OF THE EASEMENT PROPERTY: This easement is nonexclusive, and the Grantor, or its duly authorized agent, shall retain the right to enter the property or to engage in management activities not inconsistent with the use herein provided for and shall retain the right to . grant compatible uses of the property to third parties during the term of this easement. 6. RIGHT TO INSPECT: Grantor, or its duly authorized agent, shall have the right at any time to inspect the works and operations of the Grantee in any matter pertaining to this easement 7. INDEMNIFICATION/INVESTIGATION OF ALL CLAIMS: The Grantee shall investigate all claims of every nature at its expense. Each party is responsible for all personal injury and property damage attributable to the negligent acts or omissions of that party and the officers, employees and agents thereof. Nothing herein shall be construed as an indenmity or a waiver of sovereign immunity enjoyed by any party hereto, as provided in Section 768.28, Florida Statutes, as amended fi-om time to time, or any other law providing limitations on claims. 8. VENUE: Grantee waives venue as to any litigation arising from matters relating to this easement and any such litigation between Grantor and Grantee shall be initiated and maintained only in Leon County, Florida._ HAY 2001 9. ASSIGNMENT OF EASEMENT: This easement shall not be assigned or otherwise transferred without prior written consent of the Grantor or its duly authorized agent. Any assignment or other transfer without prior written consent of the Grantor shall be null and void and without legal effect. 10. TERMINATION: The Grantee, by acceptance of this easement, binds itself, its successors and assigns, to abide by the provisions and conditions herein set forth, and said provisions and conditions shall be deemed covenants of the Grantee, its successors and assigns. In the event the Grantee fails or refuses to comply with the provisions and conditions herein set forth or in the event the Grantee violates any of the provisions and conditions herein, this easement may be terminated by the Grantor upon 30 days written notice to Grantee. If terminated, all of the above-described parcel of land shah revert to the Grantor. All costs, including attorneys' fees, incurred by the Grantor to enforce the provisions of this easement shall be paid by the Grantee. All notices required to be given to Grantee by this easement or applicable law or administrative rules shall be sufficient if sent by U.S. Mail to the following address: Collier County Board of County Commissioners 3302 Tamiami Trail East Naples, Florida 341124902 The Grantee agrees to notify the Grantor by certified mail of any changes to this address at least ten (10) days before the change is effective. 11. TAXES AND ASSESSMENTS: The Grantee shall assume all responsibility for liabilities that accrue to the subject property or to the improvements thereon, including any and all drainage or special assessments or taxes of every kind and description which are now or may be hereafter lawfully assessed and levied against the subject property during the effective period of this easement which result from the grant of this easement or the activities of Grantee hereunder. 12. REMOVAL OF STRUCWURES/ADMINISTRATIVE FINES: If the Grantee does not remove said structures and equipment occupying and erected upon the premises after expiration or cancellation of this easement, such structures and equipment will be deemed forfeited to the Grantor, and the Grantor may authorize removal and may sell such forfeited structures and equipment after ten (10) days written notice by certified mail addressed to the Grantee at the address specified in Item 10 or at such address on record as provided to the Grantor by the Grantee. However, such remedy shall be in addition to all other remedies available to Grantor under applicable laws, roles and regulations including the right to compel removal of all structures and the right to impose administrative fines. 13. ENFORCEMENT OF PROVISIONS: No failure, or successive failures, on the part of the Grantor to enforce any provision, nor any waiver or successive waivers on its part of any provision herein, shall operate as a discharge thereof or render the same inoperative or impair the right of the Grantor to enforce the same upon any renewal thereof or in the event of subsequent breach or breaches. 14. RECORDATION OF EASEMENT: The Grantee, at its own expense, shall record this fully executed easement in its entirety in the public records of the county within which the easement site is located within fourteen (14) days after receipt, and shah provide to the Grantor within ten (10) days following the recordation a copy of the recorded easement in its entirety which contains the O.R. Book and pages at which the easement is recorded. 15. AMENDMENTS/MODIFICATIONS: This easement is the entire and only agreement between the parties. Its provisions are not severable. Any amendment or modification to this easement must be in writing and must be accepted, acknowledged and executed by the Grantee and Grantor. 16. ACOE AUTHORIZATION: Prior to commencement of construction and/or activities authorized herein, the Grantee shall obtain the U.S. Army Corps of Engineers (COE) permit if it is required by the COE. Any modifications to the construction and/or activities authorized herein that may be required by the COE shah require consideration by and the prior written approval of the Grantor prior to the commencement of constmetiun and/or any activities on sovereign, submerged lands. 17. ADDITIONAL STRUCTURES OR ACTIVITIES/EMERGENCY STRUCTURAL REPAIRS: No additional structures shall be erected and/or activities undertaken, including but not limited to, dredging, relocation/realignment or major repairs or renovations made to authorized structures, on, in or over sovereignty, submerged lands without the prior written consent of the Grantor, with the exception of emergency repairs. Unless specifically authorized in writing by the Grantor, such activities or structures shall be considered unauthorized and a violation of Chapter 253, Florida Statutes, and shall subject the Grantee to administrative £mes under Chapter 18-14, Florida Administrative Code. If emergency repairs are required to be undertaken in the interests of public health, ,safety or welfare, the Grantee shall notify the Grantor of such repairs as quickly as is practicable; provided, however, that such emergency activities shall not exceed the activities authorized by this easement. Page 2_2_ of 7._2_Pages Easement No. 30622 HAY O 8 21 01 18. UPLAND RIPARIAN PROPERTY INTEREST: During the term of this easement, Grantee, pursuant to section 18-21.009, Florida Administrative Code, must either be tt~ record owner of the riparian upland property or have the written consent of the riparian upland property owner(s) to conduct the activity described m this easement. If at any time during the term of this easement, Grantee fails to comply w/th this requirement, this easement shall terminate and title to this easement shall revert to and vest in the Grantor immediately and automatically. Page 3 of 7 Pages Easeraent No. 30622 A~.~NDA ITEM NO._ ? /? Original Signature Print/Type of Wimess Original Signature Print/Type Name of Witness BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA (Sa~L) BY: Kirby B. Green n-l, Deputy Secretary, Department of Enviromnental Protection, as agent for and on behalf of the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida "GRANTOR" STATE OF FLORIDA COUNTY OF LEON The foregoing immunent was acknowledged before me this day of ,20_.__, by KiTb¥ B. Green rtl, Deputy Secretary, Department of Environmental Protection, as agent for and on behalf of the Board of Trustees of the Internal Imt~ovm~ent Trust Fund of the State of Florida. He is personally known to me. APPROVED AS TO FORM AND LEGALITY: DEP Attorney Notary Public, State of Florida Printed, Typed or Stamped Name My Commisaion Expires: Commission/Serial No. WITNESSES: Collier County Board of County Commissioners, a political subdivision of the State of Florida (SEAL.) Original Signature Typed/Printed Name of Wimess Original Signature Typed/Printed Name of Wimess BY: Original Signature of Executing Authority James D. Carter Typed/Printed Name of Executing Authority Chairman Title of Executing Authority STATE OF COUNTY OF The foregoing immument was acknowledged before me this __ day of 20 , by James D. Carter as Chairman, for and on behalf of Collier County Board of County Commissioners, a political subdivision of the State of Florida. He is personally known to me or who has produced , a~ identification. My CommiAsion Expires: Notary Public, State of Commission/Serial No. Page 4 of 7 Pages Easement No. 30622 Printed, Typed or Stamped Name I PlAy 08 2OOl HIDEAWAY COLLIER BEACH EROSION CONTROL AND BAY ENTRANCE DREDGING GULF OF MEXICO COCONUT ISLAND COLLIER BAY SOUTH POINT (SHEETS 2-6) ADD ONE T-GROIN AND ADD APPROX. 5,600 CY BEACH FILL ROYAL MARCO POINT (SHEETS 7-13) ADD ONE T-GROIN AND ADD APPROX. 12,400 CY BEACH FILL OCOLLIER BAY ENTRANCE DREDGING REMOVE APPROX 18,000 CY (SHEETS 14-16) HIDEAWAY BEACH -' MARCO ISLAND FOR:COLLIER COUNTY DATE:9~'21/O0 JFILE:9028-CVR JSCALE: NTS PHONE: 941 594 202f JOEl FILE:9028 JDATUM:NGVD JSHEE'I':I OF 16 5679 STRAND COURT NAPLES, FL 54110 FAX: 941 594 2025 .I Page 5 o£ 7 Pages Ea.qemenl No. 30622 NAY, 0 8 2001 LEOAL DESCRIPTION (LEASE AREA) A 4.21 ACRE PARCEL OF SUBMERGED LAND LOCATED IW THE Ekq'RANOE TO COLLIER BAY, LYING IN SECT~OW 6, TOI4/NSHIP 52 SOUTH, RANOE 26 FAST, COLLIER COUWTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOV~J: COMMENClWG AT FLORIDA DEPARTi~ENT OF EI~ROW~EWTAZ PROTECITON (DWR) REFERENCE MONU~4ENT "7'-12B"~ THEWCE NORTH 46'35'21" EAST 7437,30 FEET TO THE CORNER OF THE PROJECT AREA; THENCE NORTH ,~1'12'4B" WEST, 314.1g FEET TO THE MEAN HIGH WATER LIWE OF BIG A44RCO RIVER; THENCE WORTH 85'17'39' EAST, ALONG ,.SAID MEAN HIGH WATER LINE, 147.45 FEET; THEWCE NORTH 87'08'48' EAST, ALOWG 5AIO I,,fEAW HIGH WATER UNE, 201.64 FEET TO THE POINT OF BEGINNING; THENCE LEAVlN¢ SAID J4EAW HIGH WATER LINE, NORTH 24'48'01" WEST, 25.63 FEE'~ THEWCE NORTH 02'55'19" WEST 73.09 FEET; TH£WCE NORTH 17'29'25" WEST 82.36 FEET; ~EWCE~ NORTH 29"52'39" WEST 67.17 FEET; TI'fENCE,NORTH 60'07'21" FAST 42.95 ?EST; THENCE. NORTH 29'02'39" WEST 200.00 FEET; THENCE WORTtt 60'~7'27" F_AET 60.00 FEET; THENCE SOUTH 29'$2'$~" EAST 324,20 FEEl'; THENCE SOUTH $'F29'~$" FAST 4,~,20 FEET; THENCE SOUTH 36'19'41" EAST 92.30 FEEC; THEWCE SOUTH 21'18'36" EAST 108.47 FEET; THEWCE SOUTH 20'I$'07" EAST ~,54 FEET; THENCE SOUTH D9'42'51" FAST 720.58 FEET; THEWCE SOUTH 11'07'[9" EAST 56,00 FEE~; THEWCE SOUTH 14'52'$5" EAST 146,66 FEET; THEWCE SOUTH 06'22'00" EAST E5.62 FEE'I~; THENCE SOUTH D1'50'54" FAST 74.52 FEET; THENCE SOUTH 12'02'05" EAST 49.95 FEE'S; THEWCE SOUTH 08'55'15" EAST 59,70 FEET; THENCE SOUTH 12'2~'25" EAST ~$9.11 FEET; THENOE SOUTH 84'05'07" WEST 8.84 FEET; THENCE SOUTH 09'56'41" EAST 2DO. O0 FEET; THERCE SOUTH 80'05'19" WEST 80.00 FEET; THEWCE .NORTH 09'56'4!" WEST 200.00 FEET; THEI~CE SOUTH 80'03'~9" WEST 9.83 FEET; THENCE iVO~TH 19'52'59" F/EST 157.96 FEET; THEI~C£ WORTH 10'41'30" WEST 259,57 FEET;. TH£WCE NORTH 27'49'48" WEST 62, D4 FEET; TliEWCE NORTH 17'30/28" W~SI' 62,15 FEET TO BAlD MEA/I HIGH IYATER LINE; THENCE NORTt-I 07'37'~5" WEST, ALOWG SAID MEAW HiGH WATER UNE, 132,04 FEET: THEWCE ~ORTH ~,F09'29' WEST. ALOWG SAID ~fEAW HIGH WATER UN~ 83,20 FEET; THEWCE NORTH 29'42'46" WEST, ALONG SAID ~EAW HiGH WATER UWE, ~-5,63 FEET; THE/ICE WORTH 80'32'4g" WEST, ALONG SAID MF_/W HiGH WATER LINE, 24.55 FEE-~ TIlE/ICE SOUTH BT'OO'4B" WEST, ALOWG SAID ~4EAW HIGH WATER LIWE, 37.2,3 FEET TO THE POINT OF BE¢IWNIW¢, CONTAINING 4.2~ ACRES MORE OR LESS. SUBJECT TO EASEWENTS, RESTRlCTIOWS AI~ID RESERVATIONS OF RECORO, Page 6 of 7 Pages b~'asement No..3(t622 .......... T ......... 2ool MARCO RIVER COLLIER BA l';tge 7 ol' 7 Pages I~:asemenl No. 30622 NAY 0 8 2001 EXECUTIVE SUMMARY AUTHORIZE THE CHAIRMAN TO SIGN THE AGREEMENT TO UPDATE THE MAPS OF Ti:IF, WELL FIELD PROTECTION ZONES OF ~F, CO~TY'S GROUND WATER PROTECTION ORDINANCE. OBJECTIVE: To revise the maps of the County's Well Field Protection Zones and up-date the Ground Water Protection Ordinance. CONSIDERATIONS: 1) The Well Field Protection Zones were last modeled and mapped in 1989. 2) The mathematical model used for that mapping was provided by HydroSoi~, Inc. 3) The information derived from this model is the technical justification for the Wellfield Protection Zones as incorporated in the Ground Water Protection Ordinance, adopted in 1991. 4) Periodic updating of the Wellfield Protection Zones is a requirement of the Ordinance. 5) To maintain the technical and legal defense, the same model must be used to up- date the Ordinance. 6) HydroSot~ Inc., co-owned by Michael L. Voorhees, Ph.D., set-up and performed the initial modeling. 7) 1Vlichael L. Voorhees, Ph.D. proposes to remodel and update the Wellfield Protection Zones, as well as provide the appropriate documentation and instruction to enable County Staff to carry out periodic updates as required. FISCAL IMPACT: The $70,000 for this project is included in the Pollution Control & Prevention Departments 00/01 budge~. GROWTH MANAGEMENT IMPACT: This project is consistent with Objective 3.2 and associated policies of the County's Conservation and Coastal Management Element. RECOMMENDATION: The Board of County Commissioners waive the competitive bid procedure and authorize the Chairman to sign the Agreement allowing Michael L. Voorhees, Ph.D., to re-map the County's Well Field Protection Zones. Prepped bY Ke~,in;~--- H. ~ chi~fEnvtrOn~nent~ SPecialist, and Irving L. Berzon, P.E., Engineering Project Manager Pollution Control & Prevention Department EXECUTIVE SUMMARY AUTHORIZE THE CHAIRMAN TO SIGN THE AGREEMENT TO UPDATE THE MAPS OF Ti:IF, WELL FIELD PROTECTION ZONES OF ~F, CO~TY'S GROUND WATER PROTECTION ORDINANCE. OBJECTIVE: To revise the maps of the County's Well Field Protection Zones and up-date the Ground Water Protection Ordinance. CONSIDERATIONS: 1) The Well Field Protection Zones were last modeled and mapped in 1989. 2) The mathematical model used for that mapping was provided by HydroSoi~, Inc. 3) The information derived from this model is the technical justification for the Wellfield Protection Zones as incorporated in the Ground Water Protection Ordinance, adopted in 1991. 4) Periodic updating of the Wellfield Protection Zones is a requirement of the Ordinance. 5) To maintain the technical and legal defense, the same model must be used to up- date the Ordinance. 6) HydroSot~ Inc., co-owned by Michael L. Voorhees, Ph.D., set-up and performed the initial modeling. 7) 1Vlichael L. Voorhees, Ph.D. proposes to remodel and update the Wellfield Protection Zones, as well as provide the appropriate documentation and instruction to enable County Staff to carry out periodic updates as required. FISCAL IMPACT: The $70,000 for this project is included in the Pollution Control & Prevention Departments 00/01 budge~. GROWTH MANAGEMENT IMPACT: This project is consistent with Objective 3.2 and associated policies of the County's Conservation and Coastal Management Element. RECOMMENDATION: The Board of County Commissioners waive the competitive bid procedure and authorize the Chairman to sign the Agreement allowing Michael L. Voorhees, Ph.D., to re-map the County's Well Field Protection Zones. Prepped bY Ke~,in;~--- H. ~ chi~fEnvtrOn~nent~ SPecialist, and Irving L. Berzon, P.E., Engineering Project Manager Pollution Control & Prevention Department RE C AGREEMENT THIS AGREEMENT, made and ~ into on this ..day of April~' 200I, by'~riid between Michael L. Voorhees, Ph_D., hereinafter caLled the 'Contractor' and Collier County, a political subdivision of the State of Florida, Collier County, Naples, hereinaft~ called the 'County': WITNESSETH: w COMMENCEMENT. This Agreement shall commence on the date of the issuance of a Purchase Order STATEMENT OF WORK. The Contractor shall in accordance with the t~-'ms and conditions of the specifications of the contractor's proposal hereto attached and made an integral part of this Agreement. THE CONTRACT SUM. The County shall pay the Contractor for the performance of this Agreement a sum not to exceed $70,000. 4. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed by registered or certified mail to the Contractor at the following Address: Dr. Michael L. Voorhees Cedar Grove Farms 15 Rockhill Drive Broomall, PA 19008 Ali Notices from the Contractor to the County shall be deemed duly served if mailed by registered or certified mail to the County to: Collier County Government Center Pollution Control & Prevention Department 3301 Tamiami Trail, East Naples, Florida 34112 The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Service Agreement must be in writing. NO PARTNERSHIP. Nothing herein contained shall create or be constru¢~ as ~ZrrtM,r ~ a partnership between the County and the Contractor or to constitute the qonWactor as //¢' (" an agent of the County. / PlAY 0 8 2001 ' e PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained bY the Contractor. Payment for all such permits issued by the County shall be processed internally by the County. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter.~dopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, county facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the contract of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. TERMINATION. Should the contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said agreement immediately for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice.~' The County shall be sole judge of non-performance. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 10. INSURANCE. The Contractor shall provide insurance as follows: Commercial General Liability..'. Coverage shall have minimum limits of $300,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent contractors; Products and Completed Operations and Contractual Liability. HAY 0 8 2001 ~'Go /'~ _ 11. 12. Business Auto Liability: Coverage shall have minimum limits of $-0- Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. Ce Workers' Compensation: Insurance covering all employees meeffng Statutory Limits in compliance with the applicable state and federal laws. Special Requirements: Collier County Board of County Commissioners shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. There shall be a thirty (30) day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Contractor shall insure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. INDEMNIFICATION. The Contractor/Vendor, in consideration of One Hundred Dollars ($100.00), the receipt and sufficiency of which is accepted through the signing of this document, shall hold harmless and defend Collier County and its agents and employees from all suits and actions, including attorneys' fees and all costs of litigation and judgments of any name and description arising out of or incidental to the performance of this contract or work performed thereunder. This provision shall also pertain to any claims brought against the County by any employee of the named Contractor/Vendor, any Subcontractor, or anyone directly or indirectly employed by any of them. The Contractor/Vendor's obligation under this provision shall not be limited in any way by the agreed upon contract price as shown in this Contract or the Contractor/Vendor's limit of, or lack of, sufficient insurance protection. The first One Hundred dollars ($100.00) of money received on the contract price is considered as payment of this obligation by the County. This section does not pertain to any incident arising from the sole negligence of Collier County. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Pollution Control & Prevention Department. //a HAY 0 8 2001 laG. ~ _ 13. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached component parts, all of which are as fully a part of the contract as if herein set out verbatim: Scope of Work, and Insurance Certificate. 14. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this agreement is subject to appropriation by the Board of County Commissioners. :. IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ATTEST: Dwight E. Brock, Clerk of Courts BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: Dated: (SEAL) James D. Carter, Ph.D., Chairman First Witness Name: Name: CONTRACTOR By. Michael L' Voorhees, Ph.D. Approved as to form and lega.~l sufficien~cy: t Thomas Palmer Assistant County Attorney HAY 0 8 2001 SCOPE 01~ Sli~RVlCES The effort asso~j'~ted with the update and refinement of the "Collier County Wellhead Protection Delineation" is broken into four (4) Tzzk 1. Data compilation and diacretization (including geostatistics) Extensive data oa _i~ncemeats have been generated since the previous 1989 technical report. These include the following: ~ 1) hydrogeologic 2) hydrometeorologic 3) 3updataed wellfield and pumpage capacity, inclufling precise location ofwellfields and specific wells 4) GIS a~ Sources for these dvaa will include the County, South Florida Water Mmm~ District, USGS, and NOAA, among others. Data associated with the 1989 Collier Wellhemt study will need to be t~m.~errod to Consul _t~mt as wc~l. These data will be discrefiz~ (estimated in small spatial regions defined by a grid generated in this task) for input to the model. Ta~k 2. Grmmdwater Model Calibration Based on recent and more extensive data a ground water flow model will be developed and cah'bratc~ Previously, several individual welltield models were consmLeted from a caWorated regional model. The individual models make it cumbersome to make changes. A5 a result a singie large model with extensive grid- _r~nement near all idr~iLfiod wellfields will be developed and cahq~xated in this ~.~k Task 3. Wellhead Protection Delineation for 1, 2, 5, and 20 year travel fime~ Transport model simulation will be performed using Task 2 results to generate the updated protection zones. These are reali?~l by what is technically termed "reverse particle sim, lstions' wherein particle, are placed directly at the wellheads and tracked in reverse model time. Tazk 4. F'mal Report and Technology Trauafer This to~ will generate the updated protection zones both as a repo~ and digital AutoCad files. The County's zoning maps (to be provided by the County) will be updated depiefin__g the new protection zones. Three offers! sets of scaled Arc'View mops will be provided for each wellfiekl. In addition all software ami data generated dining the project will be documented ami tran.~m'red to the County, as well as provide one-day of training ~d instruction to up to three County Staff. Technical support by telephone will be provided to the County for up to 6 months subsequent to payment of any retainage associated with this agreement. Technical support to defend the updated protection zones will be provided during the Ground Water Protection Ordinance Amendment process. The total co~t effort for these tasks is estimated at $70,000. HAY 0 8 2001 PG. 7 - FAX ~0. : AWr. i8 2~1 iO:5-A~ P1 ACORD.. ~R~3DUCtR CERTIFICATE OF LIABILITY INSURANCE. · . . .... YHIS C~RTTFiC~/~.~3eJSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CI~RTIFICATE DOF. S NOT AMEND, EXTEND OR I)iI~o A.ndread~-$ ALTER THE COVEP~,GE AFFORDED BY THE I~LICIES BELOW, 110 W. SaltimoCe Pike . Spr~gfield, PA 19064 [ INSURERS AFFORDING COVERAGE Cedar Grove Farms 11 ,,~un~R a: 1.5 ~ockhill Drfwe ~~3-.~-!l"-c'' ....................... [N~JRBR I~. -- ........ :OVERAGE~ 'THe POUOIES Ca= II~IURANCE LISTED S~ ~VE BE~ 15SUED TO THE ~RED W~ ~ ~R ~e ~b~ P~ ~Ol~. ~T~G ~ RE~UIREM~T, T~M OR ~DmON OF ~Y ~ ~ ~ D~M~ ~ R~P~ TO WH~H ~ O~F~ ~Y ~ ~UED ~ ~L~ES. AGGRE~TE ~1~ SHO~ ~Y ~VE BEEN RE~D BY P~ C~. L~: ~ O~ ~ ~ ~ ~ .... ~ "- I .... [ ~ ~ ~ ,~__ ~O0 ~qL.. _ : ~ P~ ~ I ~ ; I ~ t , · C~ ~) __ ~ ....... R ~ ~Y I~ .................... -- (~ }~u*~w ~ ..... ,~u~ .. ~ ......... i I~ [ .................................. i ~ s ] [I " [' '~TU, ~ I~l-s ' ~RTI~CATE HOLDER I ~ [ ~ ~us~. ~ [~a~: ,. = Co[[[e~ Co-sC7 ~ve~eaC CeaCe~ ~o[[~c~o~ Co~Cco[ & ~ze~eu~o~ ~e~e=c 3301T~i Trail, ~st Naples, ~ 3&112 ACORD Z5-5 (7/97) CANCELLAllON .0. MAY 0 8 2001 ,EXECUTIVE SUMMARY APPROVE PURCHASE OF ALUMINUM SULPHATE BASED ON QUOTATIONS IN EXCESS OF THE $25,000.00 COMPETITIVE THRESHHOLD OBJECTIVE: That the Board of County Commissioners, Ex-Officio, the Governing Board of the County Water/Sewer District, approve the purchase of aluminum sulphate based on bids in excess of the $25,000 competitive threshold in order to expedite the reclamation of wastewater by a chemical process which allows sludge to settle more quickly. CONSIDERATION: 1. The County's North County Water Reclamation Facility (NCWR~) has exceeded its licensed capability to reclaim wastewater. In order to expedite the reclamation process, aluminum sulphate, a metal salt, can be used to add weight to the sludge and allowing it to settle more quickly, thereby moving the wastewater to the next step in the reclamation process. 2. On November 9, 2000, the NCWRF opened a purchase order in the amount of $25,000.00, based on quotes, for the purchase of aluminum sulphate. On March 28, 2001, the South County Water Reclamation Facility opened a purchase order in the amount of $20,000.00 in order to facilitate its reclamation process. Due to the requirement to expedite the wastewater reclamation process, an emergency purchase order was issued on March 30, 2001, in the amount of $20,000.00-for the NCWRF. Staff recommends approval of the purchase of aluminum sulphate over $25,000.00 based on quotations due to the emergency of increased requirements of reclaiming water to avoid danger to the public health and safety and/or loss of public and private property. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this item. FISCAL IMPACT: Funds are budgeted and approved in the Collier County Water/Sewer District North and South Wastewater Treatment Facilities plant budgets. RECOMMENDATION: That the Board of County Commissioners, Ex-Officio, the Governing Board of the County Water Sewer District, approve the purchase of aluminum sulphate in excess of the $25,000.00 threshhold based on quotations. Dennis Bamard, Chief Operator REVIEWED BY:(~ ~ Date: Jo~tCheatham, Wastewater Director 4~/?~o~ REVIEWED BY: . K~k/,.,' ~';') . (~ ["l ],/ Date: Steve~amel[', Purchas~ng/GS Director APPROVED BY: ~__j~~~~Date: ~/~x Jtrmes V. Mudd, Public Utilities Administrator ~A~ o ~ 2oo~ I EXECUTIVE SUMMARY WAIVE FORMAL COMPETITION AND APPROVE THE PURCHASE OF AN AQUATECH MOBILE CATCH AND HIGH VELOCITY COMBINATION SEWER CLEANER OBJECTIVE: That the Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water/Sewer District, waive formal competition and approve the purchase of an Aquatech Sewer Cleaner for maintenance of the County's water and sewer lines. CONSIDERATIONS: 1. The County's Wastewater Collections Department is responsible for the operation and maintenance of the County's wastewater pump stations, gravity lines and force mains as well as forwarding accurate locates of the County's water and sewer lines. A mobile catch and high velocity combination sewer cleaner unit mounted on a truck chassis would be used to locate water and sewer mains for Locate Operations and to clean valve risers for the Valve Maintenance Crew. o There are currently four (4) Aquatech units in the County, two (2) in the Road and Bridge Department and two (2) in the Wastewater Collections Department, one of which, due to its age and increased maintenance requirements, will be a trade in on this new unit. 4. Fleet Management technicians have been trained and are able to perform warranty work on the Aquatech units which require seals and pumps to be replaced due to heavy use. Staff recommends that formal competition be waived and approval of the purchase of an Aquatech B7 mobile catch and high velocity combination sewer cleaner mounted on a Mack chassis from Pat's Pump + Blower at a cost of $191,800.00 net of trade-in. Pat's Pump + Blower is the sole representative for Aquatech in Florida. FISCAL IMPACT: F_unds are currently budgeted in Wastewater Collections capital budget. GROWTH MANAGEMENT IMPACT: There is no growth management impact resulting from this decision. RECOMMENDATION: It is recommended that the Board of County Commissioners, Ex- Officio the Governing Board or the Collier County Water/Sewer District, waive formal competition and approve the purchase of an Aquatech Sewer Cleaner mounted on a Mack chassis from Pat's Pump + Blower. REQUESTED BY: ~ /q?dff~, Steve Nagy, Wastewater c61~eetions Supervisor DATE 0 8 2001 Jo am, Wastewater Director P~VmW~ ~¥: ~~/~x ~ St-ep~en'Y/.'Cameff, Purchasing/GS Director APPROVED BY: DATE: DATE: DATE: I~O. HAY 0 8 2001 EXECUTIVE SUMMARY BOARD APPROVAL OF BUDGET AMENDMENT RECOGNIZING POSITIVE CARRY FORWARD VARIANCE IN THE POLLUTION CONTROL FUND (114) OBJECTIVE: Board approval of budget amendment recognizing positive carry forward variance in the Pollution Control Fund (114). CONSIDERATIONS: As part of the annual budget process, available carry forward revenue within each fund is projected. Variances in budgeted and actual carry forward are recognized via budget amendment. The Pollution Control Department has a positive carry forward of $96,892. The positive carry forward is due to accrued salary and operational savings that were generated in FY 99/00. It is proposed that these additional savings be appropriated as follows: We are now a fully staffed department and need to purchase additional data processing equipment to meet staffand program needs. One computer will be placed in the Department laboratory where four staff members are presently sharing only one computer. In addition a lap top computer will be purchased for the purpose of collecting and forwarding air quality monitoring field data, consistent with the requirements of DEP Contract No. AQ158. $5,000 . .~The purchase of other machinery and equipment necessary to comply with existing contracts and 'ogram requirements will include: VWR Low Temperature BOD Incubator Model 2030. It is a special incubator required to perform "Biochemical Oxygen Demand" water quality analysis. Replacing a National Environmental Laboratory Accreditation Conference (NELAC) non-compliance incubator. $7,600 · Spectrophotometer for the replacement of the existing machine, which is in poor condition. The spectrophotometer will be used to perform inorganic analysis on environmental and drinking water quality samples. $2,000 Autoclave Model No. 58700-019. An autoclave is utilized for microbiological water testing. The existing unit has failed and the department is borrowing another facility's unit. $6,000 - The remaining balance of $76,292 will be allocated to reserves for contingency. FISCAL IMPACT: Funds are available in fund 114, carry forward. ..GROWTH MANAGEMENT IMPACT: The budget amendment is consistent with and necessary to implement several objectives and policies including surface and ground water monitoring contained within the Conservation and Coastal Management element of the Growth Management Plan. iCOMMENDATION: That the Board of County Commissioners recognize the appropriate carry forward and approve the attached budget amendment. -0 8 200 Page -2- Executive Summary Carry Forward PREPARED BY: . Mary/~liss~,'Cle~"Sal Supervisor Pollution C~ontrol & Prevention Department Ray~Sn~, h, ~cting Directt6~ Pollution Control & Prevention Departmem REVIEWED BY: Tom Wides, Operations Director Operations Department Sa4rl~'s V. Mudd, P.E., Administrator .... Public Utilities Division Date: Date: Date: Date: mc/executive summary HAY 0 8 2001 EXECUTIVE SUMMARY AWARD A CONTRACT TO MONTGOMERY WATSON AMERICAS, INC., FOR CONSTRUCTION MANAGEMENT-AT-RISK SERVICES TO CONSTRUCT THE SOUTH COUNTY WATER RECLAMATION FACILITY EXPANSION, RFP 00-3171, PROJECT 73949. OBJECTIVE: To expand the South County Water Reclamation Facility (SCWRF) to meet growing demand for sewer service in the South County Sewer Service Area. CONSIDERATION: On January 23, 2001, agenda item 16(C)(4), the Board approved the final ranking of three short-listed firms to provide Construction Management-at-Risk services for this project. Montgomery Watson, the highest ranked firm, will facilitate expansion of the South County Water Reclamation Facility (SCWRF). Staff has negotiated a proposed scope and fees for services to be provided by Montgomery Watson as a participant in the design of the project. Total fees for the proposed design phase services rare $150,000. The Guaranteed Maximum Price (GMP) for the Cost of the Work, will be negotiated along with contract time, liquidated damages, early finish incentives and cost reduction incentives. The GMP will be proposed as an amendment to this contract. As a pre-curser to the negotiated GMP, staff has negotiated a Construction Management Fee for overhead and profit of five (5) percent of the Final Cost of the Work. The Construction Manager's "Direct Costs" sum for staff and expenses related to this project shall be paid based on a sliding scale percentage of the Final Cost of the Work, interpolated using a straight-line method as follows: Final Cost of the Work $10,000,000 $25,000,000 Construction Manager's Direct Costs Sum Eight (8) percent Five (5) Percent FISCAL IMPACT: A budget amendment is needed to transfer funds in the amount of $150,000 from Wastewater Capital Reserves to project 73949. Source of funds is Impact Fees. GROWTH MANAGEMENT IMPACT: This project is consistent with the Growth Management Plan, CIE 916, and also, the 201 (Wastewater) Master Plan Update as adopted by the Board on July 22, 1997 under items 12(C)4 and 12(C)5. RECOMMENDATION: That the Board of County Commissioners, as Ex-Officio the Governing Board of the Collier County Water-Sewer District, award a contract to Montgomery Watson Americas, Inc., to provide Construction Management-at-Risk services related to the SCWRF expansion, Project 73949, authorize the Chairman to execute the Contract upon approval by the County Attorney, and approve ['fie ne~^~ budget amendment. ~4o. ![t ~_~ ~C~ t4AY - 8 ZOOl Executive Summary Award Contract Page Two SUBMITTED BY: Alicia Abbott, Project Manager Public Utilities Engineering Department Date: REVIEWED BY: Stephen Y. Cameu, Purchasing Director Date: REVIEWED BY: Karl . yer, P.E., SenYor Project Manager Public Utilities Engineering Department Date: REVIEWED BY: J atham, Wastewater Director Date: APPROVED BY: P.E., Public Utilities Administrator ddt' ~~~~5:¢ Date: AGEI~A ITEM MAY 0 8 2001 EXECUTIVE SUMMARY AUTHORIZE THE PARKS AND RECREATION DEPARTMENT TO OPERATE AN ADDITIONAL SUMMER CAMP SITE AT CORKSCREW ELEMENTARY SCHOOL Objective: To provide an additional summer camp site at Corkscrew Elementary School. The population growth and public demand for programs exceeds the current budgetary resources to provide all of the camps necessary. Consideration: Since the space availability at the five community parks is limited, it is necessary to provide summer camp programs off-site in order to provide a valuable service to the public. Based on the numerous requests received, there is a need to provide a summer camp program for a maximum of 60 children at Corkscrew Elementary School. Fiscal Impact: Additional funding required for the camp: Four camp counselors $ 12,000 Funding for field trips, covering buses and admission fees 7,200 Supplies (games, sports equipment, arts and crafts, prizes, etc.) 3,000 Counselor and program participant shirts for the program 500~ Total cost of program $ 22,700 Revenue derived from participants is expected to offset the full funding required. Revenues anticipated: 50 children at $450 = $22,500 10 children at $400 = 4,000 Total revenues generated $ 26,500 The remaining revenue not used to offset camp expenses in the amount of $3,800 will be placed in reserves for contingencies MSTD fund (111). Growth Management: There is no impact to the Growth Management Plan related to this action. Recommendation: That the Board of County Commissioners authorize the Parks and Recreation Department to operate an additional summer camp at Corkscrew Elementary School and authorize the associated budget amendment. ti' I '7 o Submitted by:.~~,-'---~ · ~ -- ' ~ ....... . .. . Date:. . / t Reviewed by: Approved by: Steve Peffers, Recreation Supervisor Department of Parks and Recreation ~narla RamSey, Director_ ' /." Department of Parks and Recreation LeO..~chs, Jr., Ad.mi.n!s/tr~ · Public Services Divis~/~/ Date: (/er~.. O[ ;~g~ndlaf I tern I MAY 2001 L EXECUTIVE SUMMARY AWARD OF BID # 01-3229 TO G.A. FOODS TO PREPARE THE FOOD FOR THE SUMMER FOOD SERVICE GRANT PROGRAM WHILE SUMMER SCHOOL IS NOT IN SESSION. Objective: That the Board of County Commissioners authorize G.A. Foods to provide prepared food for the summer food service grant program beginmng June 11, 2001 to June 26, 2001 and from August 1, 2001 to August 10, 2001. Consideration: In accordance with Federal Regulations, only Food Management Companies approved by the State of Florida or local School Boards are eligible to produce meals for the Summer Food Service Program. The Collier County School Board has provided hot meals during the Summer School session to the Parks and Recreation Department for the past seventeen (17) years and will continue to do so this year. G.A. Foods, a State approved food management company, has agreed to provide cold lunches during the time period the Collier County Schools will be closed, June 11,2001 to June 26, 2001 and from August 1, 2001 to August 10, 2001. On April 5, 2001, Bid # 01-3229 was publicly advertised and notices were sent to the 15 Food Management Companies which were approved for this program by the State of Florida. Bids were opened on April 18, 2001, with one approved vendor, G.A. Foods, responding with a cost per lunch price of $1.84 using a 4 oz. fruit cup. An optional price of $1.76 per lunch was offered ifa 3 oz. fruit cup would be used. Alter conferring with State officials, the County was given permission to use the 3 oz. fruit cup in the lunches provided by this vender. The County will pay for the initial funding of the meals, but will receive 100% reimbursement from the Summer Food Service Grant funds. Growth Management: No effect on Growth Management. Fiscal Impact: The program is budgeted under the FY00-01 Food Grant Fund in the amount of $466,600. The State will reimburse the County for 100% of expenses. Recommendation: Staff recommends that the Board award this bid to G.A. Foods. James R. Thomas, Athletic Supervisor Department of Parks and Recreation Date: Reviewed and Approved by: Date: Reviewed and ~ .;, · . .._ i' Date: Approved by: -~; ~5,, .,/ Steve Carnell, Director Purchasing Department Approved by: Leo Oc~hs, AdminiMx/~tor f A¥ - 8 00! EXECUTIVE SUMMARY AUTHORIZATION TO PROVIDE LOCAL MATCHING FUNDS FROM THE COMMUNITY FOUNDATION OF COLLIER COUNTY FOR THE STATE OF FLORIDA'S SCHOOL AGE CHILD CARE INVESTMENT PROGRAM GRANT OBJECTIVE: To obtain Board authorization to provide local matching funds for a State of Florida grant for school age child care services to eligible clients in Collier County. CONSIDERATION: The Florida Department of Children and Families has contracted with Child Care of Southwest Florida, Inc. to provide after school child care services to eligible families in Collier County. Child Care of Southwest Florida is the designated Community Child Care Coordinator (4c) for Collier County. The State has notified all local Coordinating Agencies of the availability of additional non-recurring State Temporary Assistance for Needy Families (TANF) funds for these services. TANF funds in the amount of $30,000 have been granted for school age child care services in Collier County. Local county governments must match these funds in order to participate in this grant program. The Community Foundation of Collier County has agreed to provide the $30,000 local match for these additional State funds. As a condition of the State grant, local matching funds must come directly from the county in which the eligible school age children reside. Staff is therefore seeking authorization to act as the "pass through" agency for the required $30,000 local match. FISCAL IMPACT: Funding in the amount of $30,000.00 will be provided by the Community Foundation of Collier County to Collier County. Collier County will, in turn, forward this $30,000.00 funding match to the Child Care of Southwest Florida, Inc. The revenue will be recognized in General Fund Contributions-Private Sources and will be disbursed from General Fund Remittances - Private Organizations. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this item. RECOMMENDATION: That the Board of County Commissioners recognize a donation of $30,000 from the Community Foundation of Collier County and authorize expenditure of $30,000, as a local matching grant, to Child Care of Southwest Florida, Inc. to provide additional services to eligible clients under the State School Age Child Care Investment Program Grant. The Board also is requested to approve any required budget amendments associated with this item. SUBMITTED BY: ~(~~~_ ~~ate: .~'/dd'/~~ ~athleen M~/4~ar~/t~r, Executive Secr&t~ry / / Public S ervicesq~dminis~ation Date: ?r , /' Le~ E. Ochs, Jr.'"', / P AV - 8 2oo Public Services [.. "P~ '-~"-"-'~,,J 4-- 6--01 ; 1:301DM;CHILD CAC::E OF SW FL ;~41 278 3031 It 4/ 4 DATE: July 6, 2000 S ubsidized Child Care Contract Mmmgers FROM: Deborah Russo, Director of Child Care Services Sub. ject: _ Proviso language regarding TANF funds ,, This yom' the legislature provided u.s with a great opportunity to serve school-age children by parrnering with county governments. Please see the enclosed proviso language reg~u'diag funds which may be used f~r malch at a fifty-percent match m~¢ to provide schtlol age child care for eligible clients. The original request may be submitted by the local Communily Child Care Coordinating Agency on bchaff of the county, or by fine county i~h'clL However, the match funding m~st come from the county in which the eligible school age children residc. The Community Ctfild Care Coordinating Agency (4C) or the county must complete the encl~sed School Age Child Care Partner Investment Form, If the 4C agency submits the form, Ihey must list the counly and include the letter of commitment, It' the county submits tl~e h~rm, they must list the local community partners only if they received thc match from st~me olhcr community entity. Letters of commitment must be included. The pmvis(~ language states that funds for the match program will be limiled lo $250,000 per county with allocations made on a first come first serve basis. If rl~ere are any funds remr, ining as of Decemb=r 31,2000, they will be made available to the Department of Children and Family Services districts for serving additional age groups eligible for subsidized child care. Please share this informatiun with your 4C agencies. If you have any questions, please cur~tac[ Paige Muse or Diane Huteherson at 278-4900. Enc l os utes t4A¥ - 8 ZOO1 COMMUNITY FOUNDATION OF COLLIER COUNTY H¢)NOR^R't' November27,2000 Leo Ochs Collier County Government Public Services Adminisi~ation 3301 East Tamiami Trail North Naples, FL 34112 Dear Leo, The Community Foundation of Collier Coumty has approved a grant of $30,000 the Collier Coanty Government, Public Services Adminisa'ation to be p~sed through as the cotmty match for TANF funds, The Foundation works closely with the Child C~le Coordinating Council and the School Readiness Coalition in Collier County. We sapport the efforts of these organizations to provide quality afar school c~-~. If you have any questions, please call me at (941) 649-5000. Sincerely, Susan Luenberger President 2~on 'ihmhun~ 'ti'ail No,-d,, ~;uim 300 ' N~ptes, Pluri'Aa .~410~ ' (941) 649-5000 ' F~x {941 EXECUTIVE SUMMARY RECOMMENDATION TO AWARD BID NO. 01-3207, SAFETY EQUIPMENT AND SUPPLIES OBJECTIVE: To award Bid No. 01-3207 for Safety Equipment and Supplies for use by all County departments so that safety programs can be maintained. CONSIDERATIONS: 1. Safety equipment and supplies are used by many County Departments, such as Water, Wastewater, and Transportation. An annual bid has been established to expedite the ordering and receipt of such equipment and supplies. 2. Bid No. 01-3207 was posted on February 14, 2001 and forty-four notices were sent to vendors. Eight (8) responses were received. 3. Staff has reviewed the bids and recommends award of Bid No. 01-3207 to Safety Equipment Company, Laerdal Medical Corporation, and Safety Products based on percentage discounts and type of safety equipment and supplies offered. Staff also recommends that W. W. Grainger be included in the award under the State Negotiated Pricing Agreement 2852175-1 based on their discount and type of equipment and supplies offered. FISCAL IMPACT: These services will be used by several different departments. Each user department has budgeted funds for safety equipment and supplies. GROWTH MANAGEMENT IMPACT: There is no growth management impact resulting from this decision. RECOMMENDATION: That the Board award Bid No. 01-3207 for Safety Equipment and Supplies to Safety Equipment Company, Laerdal Medical Corporation, and W. W. Grainger. SUBMITTED BY: REVIEWED BY: REVIEWED BY: ""L~.~. W~ood, Purchasing .Agent II ' ~. c.~. ~--.~~ Date: - Steq~ca~.r~ellE · _ .., Purcha gf e ices Director Date: Jo-Anne Leamer, Support Services Administrator 14AY 0 8 001 "~'--.LT~ - EXECUTIVE SUMMARY APPROVAL TO AWARD BID #00-3161 TO MASSEY SERVICES, INC. AS PRIMARY PROVIDER AND ECOLAB AS SECONDARY PROVIDER FOR ANNUAL PEST CONTROL SERVICES. OBJECTIVE: To approve the award of Bid //00-3161 "Pest Control Services" to Massey Services, Inc. as primary and Ecolab as secondary for annual pest control services for County facilities. CONSIDERATIONS: The Department of Facilities Management is responsible for managing pest control services for County facilities. These services are contracted through a local vendor and include regular spraying for the many different pests and insects found in Southwest Florida, along with selected special services. On November 15, 2000, the Purchasing Department solicited bids for the annual pest control services for County facilities. The bids encompassed comprehensive pest control services for all of Collier County's Government buildings. Services include regular inspections and spraying as well as on call services for emergencies. The selection of a vendor was based upon pricing for each building/location for monthly and bi-monthly services. A total of two (2) bidders responded: Vendor Massey Services, Inc. Ecolab Annual Pricing $14,514.00 $24,96O.OO Staff recomends award of Bid # 00-3161 to Massey Services, Inc. as primary and Ecolab as secondary for the purpose of annual pest control services. FISCAL IMPACT: Pest control services expenses average $:15,000annually. Funds are budgeted in the Facilities Management Building Maintenance Cost Center. GROWTH MANAGEMENT: There is no impact on the Growth Management Plan. RECOMMENDATION: That the Board award Bid #00-3161 to Massey Services, Inc. as primary and Ecolab as secondary for the purpose of annual pest control services. FAG£NOA ITEM. NIAY 0 8 2001 Executive Summary Cont. Pest Control Bid Page 2 of 2 SUBMITTED BY;aniel R. Rodriguez, Fac_ii_i~ M.,~er Date: Department of Facilities 4Vlanagement SUBMITTED BY: ~ Date: Skip Camp, CFM, Director Department of Facilities Management REVIEWED BY: ~ ,. Date: Stephen Y. C~trnell, Director Purchasing/General Services Department APPROVED BY: ,,.//~ Date: Jo-Anne Varcoe-Leamer, Administrator Support Services Division N~¥ 0 8 2001 P~ 2001 p14Ay 0 8 2001 EXECUTIVE SUMMARY RECOMMENATION THAT THE BOARD OF COUNTY COMMISSIONERS CONVEY EASEMENTS TO FLORIDA POWER & LIGHT COMPANY AND SPRINT-FLORIDA, INC. OBJECTIVE: To grant utility easements to Florida Power & Light Company and Sprint- Florida, Inc. to serve the State of Florida Juvenile Justice Center now under construction on the County's Main Campus. CONSIDERATION: The State of Florida Department of Juvenile Justice currently leases 1.92 acres directly North of the Collier County Jail at the Government Complex. The State's facility, now under construction, is nearing completion and should be ready for occupancy in June. In order for Florida Power & Light Company and Sprint-Florida, Inc. to provide electric and communication service to the facility, it will be necessary first for the County to grant each an easement to house their cables and associated equipment. The State of Florida Department of Juvenile Justice will provide Collier County with an as- built drawing showing the exact location of the utility installations. This request and easement documents have been reviewed and approved by the Facilities Management Department and County Attorney's Office. FISCAL IMPACT: The total cost of recording the easements will not exceed $25.00 for which the County will be reimbursed by the State of Florida Department of Juvenile Justice. GROVVTH MANAGEMENT: The conveyance of the utility easements has no effect on the County's Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners: 1. Convey a Utility Easement to Florida Power & Light Company and a Grant of Easement to Sprint-Florida, Inc.; 2. Authorize the Chairman to execute the Easement and Grant of Easement; 3. Authorize staff to record with the Clerk of Court the Easement and Grant of Easement in the Public Records of Collier County, Florida. ~ AGEN ! i HAY 0 8 2001J ! .o._ I -1 SUBMITTE 1_ T6ni A. Mott, S~pe~v'iso-r eal Property Management Department -Charles E. Carrington, Jr., SR/VV'A, Director Real Property Management Department REVIEWED BY: APPROVED BY: ~dkip camp, Director Facilities Management Department Jo-Anne Varcoe-Leamer, Administrator Support Services Division DATE: DATE: DATE: DATE: AGE NO A~. ! T~ NC) o~ MAY 0 8 2001 EXECUTIVE SUMMARY APPROVE REQUEST FOR ADDITIONAL STAFF FOR THE DEPARTMENT OF PUBLIC INFORMATION AND ASSOCIATED BUDGET AMENDMENTS OBJECTIVE: The Board of County Commissioners approve a new position (video/production specialist) in the Department of Public Information to improve the County's communications with the community and make the public more aware of the services available to them. CONSIDERATIONS: Collier County Channel 54 is fast becoming a popular means for residents and visitors to learn about County government. More and more viewers are watching the programs, meetings and other informational programming now available. The Department has experienced an increasing demand for its print services (press releases, flyers and photography) by departments and for its television services by departments and citizens. Some of the suggested enhanced programming would include: · An "infomercial" on the Literacy Program · A thirty-minute spot on how the Board of County Commission meeting process works · A visual tour of the Government Center and Horseshoe Drive, how to locate and access government services · A walk through of the County web site, how to access information regarding BCC meetings, minutes, upcoming meetings and events · A thirty-minute spot on how to apply for employment with the County, what are the benefits of working for the County · A thirty-minute spot on volunteer opportunities · A thirty-minute "biographical sketch" of each individual Commissioner · Taping of all future Army Corps of Engineers ElS meetings · Taping of all future Manatee Protection Plan meetings · Community Character workshops · A regularly scheduled show entitled "The Advisory Board Sampler"; every month tape and broadcast a different advisory board meeting · A how-to film on accessing library services on the Internet · All joint meetings of the Board of County Commissioners with Lee County, City of Naples, etc. and other special meetings. (These are in addition to the regular schedule of filming live and taping of all government meetings held in the Board Room, including monthly advisory boards and commissions). The above represents some of the proposed additions to the Channel 54 broadcasting schedule. In order to have this programming in place for the next season, it will be necessary to produce this information during the summer months. These enhancements would much improve the County's communications with the community and make the public more aware of the services available to them. As good customer service is essential to this organization, the heightening of public information efforts is of paramount importance. The department cannot provide this additional level of service with current staffing. FISCAL IMPACT: Funds in the amount of $25,300 to cover the cost of a new employee and associated costs are available in MSTD General Fund Reserves. These costs include a one-time outlay of $15,000 (editing station, camera, batteries, tapes, etc.) and the personal services costs for the remainder of this fiscal year in the amount of $10,300. These funds will be transferred to and appropriated in the General Fund. The fiscal impact for Fiscal Year 01-02 for this new position will be $52,500. GROVVTH MANAGEMENT IMPACT: There is no growth management impact associated with this request. RECOMMENDATION: That the Board of County Commissioners approve the request for a video/production specialist in the Department of Public Information and the associated budget amendments necessary to fund this position. Submitted by:. Date: Jean Merritt, Director Department of Public Information Jo-Anne Varco-Leamer, Administrator Support Services Division AGENDA ITEM No. , / . ~t..~ tt'-~' N,. ~ - NAY - 8 2001 EXECUTIVE SUMMARY APPROVAL OF A LEASE AGREEMENT BETWEEN COLLIER COUNTY AND OMNIPOINT HOLDINGS, INC. FOR PLACEMENT OF A COMMUNICATIONS TOWER UPON COUNTY-OWNED PROPERTY. OBJECTIVE: Approval of a Lease Agreement between Collier County ("County") and Omnipoint Holdings, Inc. in order to construct a communications tower on County-owned property. CONSIDERATION: Omnipoint Holdings, Inc. ("Lessee") has requested use of a portion of County-owned property located at the Golden Gate Public Safety Complex at Golden Gate and Coronado Parkways for the installation of a one hundred fifty foot (150') communications tower. The tower will be designed to resemble a flagpole. The Lease term shall be for thirty (30) years with an annual rent of Twenty Thousand Dollars ($20,000.00) with annual increases of four percent (4%) throughout the life of the Lease. At the expiration of the Lease term, both parties shall use their best efforts to renegotiate a Lease in order to secure a subsequent Lease Agreement in order to continue this use at the Demised Premises. The Lessee shall be responsible for all costs associated with the construction, installation, operation and utilities concerning the tower. At the termination of the Lease or any renewals thereof, the County shall have the option to take ownership of the tower and related equipment and improvements, by way of a Bill of Sale without cost to the County. The Lessee shall provide the County with a location on the tower for the County's communications equipment without rental costs. This location will provide service for the EMS Department and Golden Gate Fire District. Pursuant to Florida Statute 125.35, the terms and conditions of this Lease were published in the Naples Daily News. A copy of the Legal Notice and Affidavit of Publication are on file in the Real Property Management Department. The only response to the publication was from Omnipoint Holdings, Inc. Within the original Agreement between the County and the Golden Gate Fire District ("Fire District") dated July 25, 1989, the County is responsible for forty-four percent (44%) of all costs at the facility and the "Fire District" is responsible for fifty-six percent (56%) of costs concerning repairs and improvements at the facility. It has been agreed that the County and the "Fire District" shall share the annual rent from the tower utilizing the same calculation. FISCAL IMPACT: The annual rent of Twenty Thousand Dollars ($20,000.00) shall be shared between the Emergency Services Division (44%) and the Golden Gate Fire District (56%). The funds collected will be utilized by the Emergency Services Division for additional training/educational opportunities, additional equipment and other enhancements for the Division. The rent shall be deposited into 'an Emergency Services revenue account . at which time, the County shall issue payment to the "Fire District" for its share of the rental amount within forty-five (45) days from the County's receipt of the rent. MAY - 8 2001 . Pg'- ~ GROWTH MANAGEMENT: None RECOMMENDATION: That the Board of County Commissioners approve the Lease Agreement with Ominpoint Holdings, Inc. (four (4) original copies) and a Resolution concerning same as well as the Supplemental Agreement, and authorize its Chairman to execute all documents. SUBMITTED BY:;~i~ '~r~''~ ~" ~~ ~ ~ ~ ~ ~ ~ c~ ~ DATE: Michael H. Dowling, Senior ~p_e~ialist~Real Property-~-'~g~-r~e~' Department II ~IL REVIEWE DATE: ~arle~Carrin~ton~ Di~6~ ~eal ~ropedy ~-~ Management Depadment Thomas Storrar, Administrator, Emergency Services MAY - 8 2001 RESOLUTION 2001 - __ RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, APPROVING THE LEASE AGREEMENT BETWEEN COLLIER COUNTY AND O1V[NIPOINT HOLDINGS, INC. FOR USE OF A PORTION OF COUNTY-OWNED PROPERTY AT THE GOLDEN GATE PUBLIC SAFETY COMPLEX. WHEREAS, Omnipoint Holdings, Inc. ("Omnipoint") desires to lease approximately Sixteen Hundred (1,600) square feet of vacant property at the Golden Gate Public Safety Complex, Naples, Florida, owned by Collier County, a political subdivision of the State of Florida (''Collier County"), in order to install a communications tower for personal communications systems; WHEREAS, the lease shall be for five (5) years with five (5) additional renewal terms of five (5) years each; WHEREAS, the rent shall be Twenty-thousand Dollars ($20,000.00) for the first year and will be increased by four percent (4%) each year throughout the life of the Lease. WHEREAS, the Board of County Commissioners is satisfied that this property is required for Omnipoint's use and is not needed for County purposes; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS, FLORIDA, that: 1. The Board of County Commissioners does approve the attached Lease Agreement between Collier County and Omnipoint Holdingsl Inc. 2. The Chairman of the Board of County Commissioners of Collier County, Florida, is hereby authorized to execute the attached Lease Agreement. This Resolution adopted this __ motion, second and majority vote. day of ., 2001 after ATTEST: DWIGHT E. BROCK, Clerk BY: , Deputy Clerk BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA BY: JAMES D. CARTER, Ph.D., Chairman Approved as to form and legal sufficiency: Thomas d. Palmer Assistant County Attorney MAY - 8 2001 1 2 3 4 ! 8 9 I0 11 12 I3 14 15 16 17 18 19 20 21~ 22 23 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 49 50 51 52 RESOLUTION 2001 - RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, APPROVING THE LEASE AGREEMENT BETWEEN COLLIER COUNTY AND OMNIPOINT HOLDINGS, INC. FOR USE OF A PORTION OF COUNTY-OWNED PROPERTY AT THE GOLDEN GATE PUBLIC SAFETY COMPLEX. WHEREAS, Omnipoint Holdings, Inc. ("Omnipoint") desires to lease approximately Sixteen Hundred (1,600) square feet of vacant property at the Golden Gate Public Safety Complex, Naples, Florida, owned by Collier County, a political subdivision of the State of Florida ("Collier County"), in order to install a communications tower for personal communications systems; WHEREAS, the lease shall be for five (5) years with five (5) additional renewal terms of five (5) years each; WHEREAS, the rent shall be Twenty-thousand Dollars ($20,000.00) for the first year and will be increased by four percent (4%) each'year throughout' the life of the Lease. WHEREAS, the Board of County Commissioners is satisfied that this property is required for Omnipoint's use and is not needed for County purposes; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS, FLORIDA, that: 1. The Board of County Commissioners does approve the attached Lease Agreement between Collier County and Omnipoint Holdings, Inc. 2. The Chairman of the Board of County Commissioners of Collier County, Florida, is hereby authorized to execute the attached Lease Agreement. This Resolution adopted this motion, second and majority vote. __ day of , 2001 after ATTEST: DWIGHT E. BROCK, Clerk BY: , Deputy Clerk BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA BY: JAMES D. CARTER, Ph.D., Chairman Approved as to form and legal sufficiency: Thomas C. Palmer Assistant County Attorney MAY - 8 200! LEASE AGREEMENT THIS LEASE AGREEMENT entered into effectively on this 82 day of May, 2001, ("The effective date") between Omnipoint Holding, Inc., a Delaware corporation author/zed to do business in the State of Florida, whose mailing address is 8100 SW l0th Street, Building 3, Suite 1000, Plantation, Flor/da 33324, hereinafter referred to as "LESSEE", and COLLIER COUNTY, a political subdivision of the State of Ftorida, whose mailing address is 3301 East Tamiami Trail, Naples, Flor/da 34112, hereinafter referred to as "LESSOR". WITNESSETH THE PARTIES AGREE AS FOLLOWS: ARTICLE 1. Demised Premises LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR approximately Sixteen Hundred (1,600) square feet of vacant property in order to construct a free-standing 150' flag-pole desiga antenna and related equipment to be located at 4741 Golden Gate Parkway, Naples, Florida, which is further described in Exhibit "A" and which is attached hereto and made a part of this Lease, hereinafter called the "Demised Premises", situated in the County of Collier and the State of Florida. All improvements shall be approved by LESSOR applying the terms contained in Article 5 of the Agreement. In the context of this Agreement, the "tower" includes the tower itself, the tower's foundation and all other facilities, including electrical connections, except those associated solely with LESSEE'S antennas and/or sub-lessees' antennas. The tower excludes switching equipment, accessory structures, and other equipment or facilities owned by or controlled by LESSEE or any of LESSEE'S sub-lessee (subtenants). LESSEE shall be required to obtain the required use permit (conditional or otherwise) for constructing and operating this communications tower on the Demised Property pursuant to those terms outlined in the Collier County Land Development Code. LESSOR does not make any representations or warranties with respect to the Demised Premises to the LESSEE. The LESSE accepts the Demised Premises in "as is" condition and there shall be no abatement for defects in the Demised Premises or from violations of law with respect thereof and LESSEE shall not hold LESSOR liable for any defects in or defective conditions of the Demised.Premises or to title thereto. LESSOR hereby grants to LESSEE a non-exclusive access easement (throughout the life of this Lease) for free access to the Demised Premises seven (7) days a week, twenty-four (24) hours a day, however, LESSEE may have to gain Staff's assistance to get physical access outside of the site's normal business hours. No aboveground structures shall be constructed in the access easement or outside of the Demised Premises. Said easement area is shown on Exhibit "A". LESSEE shall provide LESSOR, without cost of any rent, a location on the tower at a height of one hundred fifty (150) feet in order for LESSOR to effectively Operate its communications equipment. ARTICLE 2. Term of Lease LESSEE shall have and hold the Demised Premises for a term of five (5) years commencing on the effective date of May 8, 2001. LESSEE is granted five (5) additional five (5) year renewal terms following the initial five (5) year term. This Lease shall automatically renew for each successive renewal five year term under the same terms and conditions, as provided herein, including as to the rental amount, as provided herein, unless LESSEE notifies LESSOR, in writing, of its intention not to renew this Lease, at least one hundred eighty (180) days prior to the expiration of the then current term. If LESSEE is in default under on the terms mad conditions of this Lease prior to the expiration leasehold estate hereby created or renewal term then in effect, then LESSOR shall have the right not to renew this Lease by providing LESSEE with Notice of such intend not to renew at least one hundred eighty (180) days prior to the expiration of the initial five year term or the renewal term then in effect. Said notice shall be effective upon actual receipt by intended party. LESSEE covenants and agrees not to use, occupy, suffer or permit said Demised Premises or any part thereof, or any part of the access easement, to be used or occupied for any purpose that is not authorized by this Lease or is contrary to law or rules or regulations of any public authority having jurisdiction over the Demised Premises. Lease or is contrary to law or roles or regulations of any public authority having jurisdiction over the Demised Premises. ARTICLE 3. Rent Prior to and until the first day of the month following the actual Commencement Date whereby a permit m ~,der to construct at the Demised Premises is issued, the rent shall be Twelve Hundred Dollars ($1,200.00) for twelve (12) months, which shall be prepaid in advance. Any unearned balance shall be credited against LESSEE'S first lea,se year payment of $20,000.00, as that $20,000 rent shall be prorated for the remaining balance of the first lease year. In the event that LESSEE does not obtain a permit in order to construct this tower upon the Demised Premises for the intended use as of the first anniversary date of this Lease, (May 8, 2002), LESSEE may either terminate this Lease upon written notice to LESSOR, without further obligation or liability; or may allow this Agreement to remain in full force and effect and provided the Lease remains in effect, at which time, the $100.00 per month rent shall automatically increase to $20,000.00 per year on May 8, 2002, and whereby said rent for that second lease year shall be payable in full and in advance as of May 8, 2002. The intent is that the full annual lease year rent of $20,000 ($1,666.67 per month) shall not commence unless and until the 10th day of the month that the tower is erected and standing on the Demised Premises or on May 8, 2002, whichever occurs first. LESSEE hereby covenants and agrees to pay as rent for the Demised Premises the sum of Twenty Thousand Dollars ($20,000.00) for the Demised Premises for the first year of occupancy and shall be paid in full fifteen (15) days from LESSOR'S execution of this Lease, to be forward to the address for the Real Property Management Department set forth in Article 13 of this Lease. Following the first lease year, the rent set forth above shall be increased each lease year by four (4%) percent annually, applied to the rent for the preceding year for each year throughout the term of the Lease, including each of the five (5) option terms. For example, the rent for the second lease year (May 8, 2002 through May 7, 2003, the rent shall be $20,000 multiplied by one hundred and four percent (104%), to wit: $$20,800. The rent for the third lease year (May 8, 2003 through May 7, 2004) shall be $20,800 times one hundred and four percent (104%), to wit: $21,632.00, etc. CLE 4. Other Expenses and Charges LESSEE shall pay all utility charges applicable to the Demised Premises including, but not limited to charges for gas, electricity, light, heat, air conditioning, power, water, sewer and telephone or other communication services used, rendered or supplied thereupon or in connection with the Demised Premises. If LESSOR elects to supply utility services and/or janitorial services, LESSEE agrees to pay the same as additional rent within thirty (30) days of its receipt of the LESSOR'S bill or invoice. ARTICLE 5. Modifications to Demised Premises. Prior to making any changes, alterations, additions or improvements to the Demised Premises, LESSEE must provide to LESSOR all proposals and plans for alterations, improvements, changes or additions to the Demised Premises for LESSOR'S written approval, specifying in writing, and in meaningful detail, the nature and extent of the desired alteration, improvement, change, or addition, along with the contemplated starting and completion time for such project. LESSOR or its designee will then have sixty (60) days within which to approve or deny in writing said request for changes, improvements, alterations or additions. LESSOR shall not unreasonably withhold its consent to required or appropriate alterations, improvements, changes or additions proposed by LESSEE. If after sixty (60) days, there has been no response from LESSOR or its designee to said proposals or plans, then such silence shall be deemed as a DENIAL to such request to LESSEE. LESSEE covenants and agrees in connections with any maintenance, repair work, erection, construction, improvement, addition or alteration of any authorized modifications, additions or improvements to the Demised Premises, to observe and comply with all then and future applicable laws, ordinance, roles, regulations, and requirements of the United Sates of America, State of Florida, County of Collier, and any and all other governmental agencies having subject matter jurisdiction. ARTICLE 6. Access to Demised Premises LESSOR, its duly authorized agents, representatives and employees, shall have the right after reasonable ,,.,c[ to LESSEE, to enter into and upon the Demised Premises or any part thereof at all reasonable hours for the purpose of examining the same and making repairs or providing janitor/al service therein, and for the purposes of inspection for compliance with the provisions of this Lease Agreement. During times of emergency repair or maintenance, LESSEE shall be granted immediate access by requesting LESSOR'S agent of same. 2 MAY - 8 2001 LESSOR shall also have automatic access to the Demised Premises is necessary and there is not sufficient time to obtain access permission from LESSEE. ARTICLE 7. Assignment and Subletting Notwithstanding anything to the contrary in this Lease, LESSEE shall have the right to assign this Lease upon prior written notice to LESSOR to any person or entity controlling, controlled by or under common control with LESSEE, or any person or entity that after first receiving FCC or State regulator agency approvals, acquires LESSEE'S radio communications business and assumes all obligations of LESSEE under this Lease. Any such assignment or subletting, even with the consent of LESSOR, shall not relieve LESSEE from liability for payment of rent or other sums herein provided or from the obligation to keep and be bound by the terms, conditions and covenants of this Lease unless a novation is expressly agreed to by LESSOR. The acceptance of rent from any other person shall not be deemed to be a waiver of any of the provisions of this Lease or to be a consent to the assignment of this Lease or subletting of the Demised Premises. Any such attempt shall be null and void ab initio. LESSEE shall have the right to lease locations on the tower to third parties. Third parties shall be subject to all terms and conditions of this Lease. Each such third party shall be solely responsible for the costs of location and placing its property on the tower and the Demised Premises. Each third party shall also be responsible for any liabilities that may arise from that party's use of the part of the Demised Premises, including the tower. Each third party's use of the Tower and the Demised Premises shall be limited to the antennas and other equipment and frequencies approved and expressly agreed upon in advance by LESSEE. Each third party's installation, use and occupancy of the tower and Demised Premises shall be in continued compliance with all present and future applicable laws, regulations and requirements of all federal, state and locale authorities, including the FCC. Each third party shall assume all risks in connection with the installation, operation, maintenance, repair, replacement and removal of its antennas and all other property located on the Demised Premises, including the tower. Each third party shall maintain commercial general liability insurance insuring again liability for personal injury, death to persons, and damage to personal property arising out of the use of the tower and the Demised Premises by the third party at limits set by LESSEE. ARTICLE 8. Indemnity In consideration of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, LESSEE shall indemnify, defend and hold harmless LESSOR, its agents and employees from and against any and all liabihty (statutory or otherwise), damages, claims, suits, demands, judgments, costs, interest and expenses (including, but no limited to, attorneys' fees and disbursements both at trial and' appellate levels) arising, directly or indirectly, from any injury to, or death of, any person or persons and/or damage to property (including loss of use thereof) related to (A) LESSEE'S use of the Demised Premises, (B) any work or thing whatsoever done, or any condition created (other than by LESSOR, its employees, agents or contractors) by or on behalf of LESSEE in or about the Demised Premises, (C) any condition of the Demised Premises due to or resulting from any default by LESSEE in the performance of LESSEE'S obligations under ihis Lease or otherwise, or CD) any act, omission or negligence of LESSEE or its agents, contractors, employees, subtenants, licensees or invitees. In case any action or proceeding is brought against LESSOR by reason of any one or more thereof, LESSEE shall pay all costs, attorneys' fees, expenses and liabilities resulting therefrom and shall defend such action or proceeding if LESSOR shall so request, at LESSEE'S expense, by counsel reasonably satisfactory to LESSOR. The LESSOR shall not be liable for any damages to or loss of, any property, including loss due to theftt occurring on the Demised Premises or any part thereof, and the LESSEE agrees to hold the LESSOR harmless from any claims for damages, except where such damage or injury is the result of the gross negligence or willful misconduct of the LESSOR or its employees. ARTICLE 9. Insurance LESSEE shall provide and maintain general liability and property liability insurance policy(les), approved by the Collier County Risk Management Department, for not less than Five Hundred Thousand Dollars and No/Cents ($500,000.00) combined single limits during the term of this Agreement. In addition, LESSEE shall provide and maintain Worker's Compensation Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage shall include Employer's Liability with a minimum limit of One Hundred Thousand Dollars and No/100 Cents ($100,000.00) each accident. Such insurance policy(les) shall list and continuously maintain Collier County as an additional insured thereon. Evidence of such insurance shall be provided to the Collier County Risk Management Department, 3 3301 East Tamiami Trail, W. Harmon Turner Building, Naples, Flor/da, 34112, for approval prior to the commencement of this Lease Agreement; and shall include a provision requiting not less than ten (10) days prior written notice to Collier County c/o County Risk Management Department in the event of cancellation or changes in policy(ies) coverage. LESSOR reserves the right to reasonably amend the insurance requirements by .;~--"nce of notice in writing to LESSEE, whereupon receipt of such notice LESSEE shall have thirty (30) days '.eh to obtain such additional insurance. ARTICLE 10. Maintenance LESSEE shall, at its sole cost and expense, keep the Demised Premises clean at all times. If said Demised Premises are not kept clean in the opinion of LESSOR, LESSEE will be so advised in writing. If corrective action is not taken within ten (10) days of the receipt of such notice, LESSOR may cause the same to be cleaned and corrected and LESSEE shall assume and pay all such necessary cleaning costs and such costs shall constitute additional rent which shall be paid by LESSEE within ten (10) days of receipt of written notice of costs incurred by LESSOR. LESSEE, at its sole cost, shall repair ail damage to the Demised Premises caused by LESSEE, its employees, agents, independent contractors, guests, invitees, licensees, sublessees, or patrons. LESSEE, at its sole cost, shall remove from the Demised premises in accordance with all applicable roles, laws and regulations, all solid, liquid, semisolid, and gaseous trash and waste and refuse of any nature whatsoever which accumulates or arises from LESSEE'S use of the Demised Premises. Such trash, waste and refuse shall be stored in closed containers approved by the LESSOR. ARTICLE 11. Default by LESSEE Failure of LESSEE to commence remedy of default as soon as possible and to complete remedy of default in thirty (30) days with any provision or covenant of this Lease shall constitute a default whereby LESSOR may, at its option, terminate this Lease by giving LESSEE thirty (30) days written notice to vacate the Demised Premises unless the default is fully cured within that thirty (30) day notice period (or such LESSOR approved a, ktitional time as is reasonably required to correct such default). However, the occurrence of any of the ting events shall constitute a default by LESSEE, and this Lease may be immediately terminated by .~OR except to the extent then prohibited by law: (a) Abandonment of Demised Premises or discontinuation of LESSEE'S operation. (b) Falsification of LESSEE or an agent of LESSEE of any report required to be furnished to LESSOR pursuant to the terms of this Lease. (c) Filing of insolvency, reorganization, plan or arrangement of bankruptcy. (d) Adjudication as bankrupt. (e) Making of a general assignment of the benefit of creditors. (f) If LESSEE suffers this Lease to be taken under any writ of execution. In the event of the occurrence of any of the foregoing defaults in this ARTICLE 10, LESSOR, in addition to any other rights and remedies it may have, shall have the immediate right to re-enter and remove all persons and property from the Demised Premises. Such property may be removed and stored in a public warehouse or elsewhere at the cost of and for the account of LESSEE, all without service of notice or resort to legal process and without being deemed guilty of trespass, or being liable for any loss or damage which may be occasioned thereby. The LESSOR may at its option terminate this Lease after receipt by LESSEE of thirty (30) days notice in writing if a lien is filed against the leasehold interest of the LESSEE, and is not removed within thirty (30) days, pursuant to the Florida Mechanics Lien Law or otherwise. ....~"- If LESSEE fails to pay, when due, any rental payment, or any other sum payable to LESSOR under this :, and if said sum remains unpaid for more than ten (10) days past the due date, the LESSEE shall pay .~_~.~$OR a late payment charge equal to five (5) percent of any payment not paid promptly when due. Any amounts not paid promptly when due shall also accrue simple interest of one and one half (1¥~) percent per month or the highest interest rate then allowed by Florida law, whichever is higher, which interest shall be paid by LESSEE to LESSOR. MAY - 8 ARTICLE 12. Default by LESSOR LESSOR shall in no event be charged with default in the performance of any of its obligations hereunder unless and until LESSOR shall have failed to perform such obligations within thirty (30) days (or such additional time as is reasonably required to correct such default) after written notice to LESSOR by LESSEE properly and in meamngful detail specifying wherein LESSOR has failed to perform any such obligations. ARTICLE 13. Notices Any notice which LESSOR or LESSEE may be required to give to the other party shall be in writing delivered to the other party at the following addresses, or changes thereto which have been notified to the other LESSOR: Board of County Commissioners c/o Real Property Management Department 3301 Tamiami Trail East Administration Building Naples, Florida 34112 LESSEE: Voicestream / Omnipoint Holdings, Inc. 8100 SW 10t~ Street, Building 3, Suite 1000 Plantation, Florida 33324 Attention: Lease Administrator Copy to: Emergency Services Administrator ARTICLE 14. Surrender of Premises Unless LESSOR shall direct otherwise in writing, at the expiration of this Lease, or its earlier termination as herein provided, LESSEE shall surrender to LESSOR the communications tower. All tower-related improvements made to and placed upon the Demised Premises by LESSEE shall remain the property of the LESSEE unless decided otherw/se by mutual consent of LESSEE and LESSOR. LESSEE shall then provide LESSOR with a Bill of Sale, without cost to LESSOR, to convey title of the communications tower and, if applicable, all improvements made thereto to LESSOR. Failure of LESSEE to convey a Bill of Sale to LESSOR shall not, however, affect the automatic transfer of the title to the communications tower to LESSOR. All improvements brought upon the Demised Premises by LESSEE'S tenants, hereinafter refereed to as "Third Party," shall remain the property of the Third Party during the life of the Lease and after expiration or termination of this Lease. At the termination of this Lease, LESSEE shall remove all improvements made to and placed upon the Demised Premiers during the life of this Lease, LESSEE shall cause same to be removed, without coast to LESSOR, within forty-five (45) days from expiration, termination or early termination of this Lease, and return the Demised Premises to it original condition prior to the execution of this Lease. ARTICLE 15. General Provisions LESSEE fully understands that the police and law enforcement security protection provided by law enforcement agencies for the above-referenced Demised Premises is limited to that provided to any other business or agency situated in Collier County, and acknowledges that any special security measures deemed necessary for additional protection of the Demised Premises shall be the sole responsibility and cost of LESSEE and shall involve no cost or expense to LESSOR. LESSEE expressly agrees for itself, its successor and assigns, to refrain from any use of the Demised Premises which would interfere with or adversely affect the operation or maintenance of LESSOR'S standard operations where other operations share common facilities or otherwise. (a) Rights not specifically granted the LESSEE by this Lease are hereby reserved to the LESSOR. (b) LESSEE agrees to pay all tax imposed on the leasehold interest or otherwise related to the rental of the Demised Premises to the extent applicable under law. (c) LESSEE agrees to pay all intangible personal property taxes and other taxes, if any, that may be imposed due to the creation, by this Lease, of a leasehold interest in the Demised Premises or LESSEE'S possession of said leasehold interest in the Demised Premises. AGENDA ITEM No. ? / MAY - 8 2001 Pg. q ARTICLE 16. Environmental Concerns LESSEE represents, warrants and agrees to indemnify, reimburse, defend and hold harmless LESSOR, from and against all costs (including attorneys fees) asserted against, imposed on or incurred by LESSOR ~'"-'*ly or indirectly pursuant to or in connection with the application of any federal, state, local or common law g to pollution or harm to the environment. ARTICLE 17. Interference LESSEE covenants and agrees that LESSEE'S communication equipment, its installations, operation and maintenance will: A. Not irreparably damage the LESSOR'S radio transmission tower structure and accessories thereto. B. Not interfere with the operation of LESSOR'S or LESSOR'S tenants' or future tenants' radio equipment on surrounding communication towers. In the event there is interference by LESSEE, LESSEE will promptly take all steps necessary to correct and eliminate same within a reasonable period of time. If LESSEE is unable to eliminate such interference caused by it within a reasonable period of time except by removing its antennas, LESSEE agrees to remove its antennas from LESSOR'S property and this Agreement shall terminate. C. Comply with all applicable rules and regulations of the Federal Communications Commission and then applicable electrical codes. ARTICLE 18. Radon Gas In compliance with Section 404.056, Florida Statutes, all parties are hereby made aware of the following: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health unit. CLE 19. Extent of Liens All persons to whom these presents may come are put upon notice that no interest of the LESSOR in the Demised Premises shall be subject to liens for improvements made by or through the LESSEE, nor for improvements made by the LESSEE as same are specifically prohibited from attaching to or becoming a lien on the interest of the LESSOR in the Demised Premises or any part of either. This notice is given pursuant to the provisions of and in compliance with Section 713.10, Florida Statutes. ARTICLE 20. Effective Date This Lease shall become effective on April 10, 2001. ARTICLE 21. Governing Law This Lease shall be governed by and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have hereunder set forth their hands and seals. AS TO THE LESSOR: DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Deputy Clerk BY: JAMES D. CARTER, Ph.D., Chairman MAY - 8 2001 pg 10 AS TO LESSEE: (Name on Wimess) Omnipoint Holding, Inc., a Delaware corporation authorized to do business in the State of. Florida BY: ~tX ~'t ~,-e.,',, ~c ~.e ,~ Technical Director {_WI~iqES S~s~gnat~e) (Name of Wimess) Approved as to form and legal sufficiency: Thomas &. Palm~r, Assistant County Attorney NAY - 8 2001 - £~Jbi p~:_ 1~, SUPPLEMENTAL AGREEMENT This Supplemental Agreement, made this __ day of May, 2001, (hereinafter referred to as "Memorandum") is entered into by and between Collier County, a political subdivision of the State of Florida; acting by and through its Board of County Commissioners (hereinafter referred to as "County" acting as owner of the subject property), and the Golden Gate Fire Control and Rescue District, an independent Special District of the County of Collier, State of Florida, (hereinafter referred to as "District" acting ,as tenant of the subject property). WITNESSETH: WHEREAS, the County and the District have entered into an Agreement dated July 25, 1989 (the "1989 Agreement") concerning the construction of the Golden Gate Public Safety Complex located at 4741 Golden Gate Parkway, Naples, Florida; and WHEREAS, the County and the District entered into a first amendment to the 1989 Agreement dated September 6, 1994; and WHEREAS, the County and the District also entered into a Lease Agreement dated September 6, 1994 concerning the Golden Gate Public Safety Complex; and WHEREAS, pursuant to the [989 Agreement, as amended, and the Lease Agreement, the County occupies 44% Of the Golden Gate Public Safety Complex and the District occupies 56% of the Golden Gate Public Safety Complex; and WHEREAS, the County and District agree that a lease to Omnipoint Holding, Inc. for a communications tower is an appropriate use of vacant land at the Golden Gate Public Safety Complex. NOW, TI-IEREFORE, in consideration of the premises and mutual covenants hereinafter set forth, the parties agree as follows: 1. The County and District agree that a lease to Omnipoint Holding, Inc. for the construction and operation of a communications tower (the "Tower Lease") on a portion of vacant property at the Golden Gate Public Safety Complex is a valid public purpose and both parties agree that a portion of the vacant property may be used for this purpt?se. 2. The County and District agree that any income generated from the Tower Lease shall be shared with the County receiving 44% of the annual income and the Distr/ct receiving 56% of the annual income. 3. The County shall pay to the District its annual share of the income generated within forty-five (45) days of receiving the annual rental payment from Omnipoint Holding, Inc. 4. This Supplemental Agreement relates to the 1989 Agreement, as amended, and the Lease Agreement. However, it does not modify any of the terms of the 1989 Agreement, as mended, or the Lease Agreement. IN WITNESS WHEREOF, the parties have hereunder set forth their hands and seals. AS TO THE COUNTY: DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: JAMES D. CARTER, Ph.D., Chairman AGENDA~iTEM . No. MAY - 8 2001 .S TO THE DISTRICT: DATED: Witness Signature Print or type name GOLDEN GATE F]]~E CONTROL AND RESCUE CONTROL By: ROBERT MAST, Chairman (2) Wimess Signature Print or type name Approved as to form and legal sufficiency: alic~ .... Assistant County Attorney MAY - $ 2001 EXECUTIVE SUMMARY APPROVE PROPOSED PAY ADJUSTMENTS FOR EMS COMMAND STAFF AND RELATED BUDGET AMENDMENT OBJECTIVE: To obtain approval fi'om thc Board of County Commissioners for an across the board pay adjustment for EMS Command staff. ..C.ONSIDERATION: For several years there has been an increase in both individual and group pay inequity issues at the EMS Command staff level. In many eases, Non-exempt personnel annual salaries were higher than their Captains and Commanders who had been in their positions for years. A salary survey conducted earlier this year revealed that ifa Captain who had been in position for eight years suddenly choose to demote to a non- exempt Lieutenant's position, that Captain would immediately recognize a $5,000 increase to his or her annual salary. This pay inequity has since increased as a result of the Board's recent approval of the EMS bargaining unit contract. Staff believes that implementing the proposed pay adjustments are vital if we are to retain experienced professionals in exempt Command positions and will reduce the possible associated operational expenses that may be incurred with excessive turnover. FISCAL IMPACT: The estimated cost to implement this pay adjustment effective April 21, 2001 is $118,700. Funds are available in Fund 490, EMS Reserves. The atmualized cost to fund the pay adjustments is estimated at $268,400 and will be budgeted in Fund 490, EMS operating budget in FY 2002. GROWTH MANAGEMENT IMPACT: There is no growth management impact. RECOMMENDATION: That the Board of County Commissioners approve the Collier County EMS pay adjustment for Command staff and related budget amendment. SUBMITTED BY: /~/~ Pag~,-Director EMS Operations Date: APPROVED BY: Tom Storrar, Administrator Emergency Services EXECUTIVE SUMMARY APPROVAL OF THE SELECTION OF EMERGENCY RESPONSE PLANNING AND MANAGEMENT, INC. TO DEVELOP A TERRORISM RESPONSE ANNEX TO THE COMPREHENSIVE EMERGENCY MANAGEMENT PLAN OBJECTIVE: That the Board of County Commissioners approve the selection of EMERGENCY RESPONSE PLANNING & MANAGEMENT, INC. to develop a Terrorism Response Annex to the County Comprehensive Emergency Management Plan, develop standard operating procedures and develop and conduct a Tabletop Exercise to validate our capabilities in support of the plan. CONSIDERATION: The United States Department of Justice, through the State of Florida Department of Community Affairs, has made funds available to communities for the development of a Terrorism Annex as part of a jurisdiction's Comprehensive Emergency Management Plan. On March 27, 2001, the Board of County Commissioners approved a Resolution accepting $ 50,000 for the development of the Annex and ancillary tasks. A request for planning services was disseminated to five consulting firms on April 16, 2001. The County received replies from three firms on April 30, 2001: CORE PROCESSES, INC $49, 941 RICHARD MOORE ENTERPRISES $42, 000 EMERGENCY RESPONSE PLANNING & MANAGEMENT $32, 000 Proposals from the vendors were reviewed by members of the Sheriff's Office, Emergency Services and Emergency Management on May 3, 2001. Although the three vendors demonstrated that the scope of work could be completed within the established timeline, the committee selected EMERGENCY RESPONSE PLANNING & MANAGEMENT,INC as the consultant to accomplish these tasks FISCAL IMPACT: $ 32,000 in the Emergency Management Fund 118 GROWTH MANAGEMENT IMPACT: There is no growth management impact. RECOMMENDATION: That the Board of County Commissioners approve the selection of EMERGENCY RESPONSE PLANNING & MANAGEMENT, INC. to prepare a Terrorism Annex to the Comprehensive Emergency Management Plan, to develop standard Operating Procedures and to develop and conduct a Terrorism Tabletop Exercise. All work must be SUBMITTED ~ ~ ~"~e~_. Date: c~,~ ZoO/ ~.kK.~enneth F'. P~eau, Emergency Managd'me~Director REVIEWED BY: ~ ~.'~, ~--~'~"~ Date: 0~-0 ~-O [ Stex~e-'Carne~l, ~Purchasing Director Thomas Storrar, Emergency Services Administrator MAY - 8 2001 i / EXECUTIVE SUMMARY AUTHORIZE THE COUNTY ATTORNEY TO AMEND THE QUORUM AND MEMBERSHIP REQUIREMENTS OF THE PRODUCTIVITY COMMITTEE OBJECTIVE: To improve the opportunity for the Productivity Committee to transact official business and take action including, making recommendations to the Board of County Commissioners (Board) on improving the efficiency and cost effectiveness of the departments of County government under the jurisdiction of the Board. CONSIDERATIONS: The Productivity Committee was created by the Board in 1991 to evaluate departments of county government under the .jurisdiction of the Board and determine if the departments are operating at appropriate levels of efficiency to ensure the county's taxpayers that their tax dollars are being used in an appropriate manner and the Board is taking all reasonable steps to avoid waste of tax dollars. The Productivity Committee desires to improve its ability to reach a quorum during times when there is a transition in its membership. Currently thirteen members serve on the Committee, one being the Vice Chair of the Board of County Commissioners with the remaining twelve members appointed by resolution of the Board. However, at any given time there may be two, three or more vacancies on the Committee making it more difficult to reach a quorum. In an effort to improve its chance of reaching a quorum, the Committee recommends revising County Code Division 6. Sec. 2-910 (b) as follows: The presence of sc'/ch or ;:;arc n:cmbcrs 51% of the current voting membership, but never less than five total, shall constitute a quorum of the Committee necessa~ to take action and transact business, In addition, an affirmative vote of o~x ~, n~ore a simple ma/or#F, but never less than 5, ef the members representing a quorum at anv ~iven meeting shall be necessaO, in order to take official action, · ....... ~ Additionally, Commissioner Mac'Kie has expressed concern that her representation on the Committee as a voting member may place limitations on her ability to serve her constituent members on the Committee. She has requested the position of the Board's Vice Chairperson, or his/her designee, on the Productivity Committee be changed from a voting member to an ex-officio position. Accordingly the following revision to County Code Division 6. Sec. 2-907. (a) is recommended: The Committee shall be composed of 4--3 Il members,~,,,,.~-~ of'''~-~.,,.,,,, ..... ~,,.~.u-u ~,~ ~,,~'~ vice ~; .................. or his,q~cr board dos ;'zoo. ...... ;,; .... /2 ..... ~"~ who are appointed by resoJution of the board of county commissioners. The vice chairperson Rf the board qf county commissioners, or his/her board designee, shall se~e as a liaison to the Committee and is encouraged to attend al/ Committee meetings. They shaJJ possess special expertise and experience relat ~' FO ..~GENDA ITEM No. /~c~) Pg._, / GROWTH MANAGEMENT PLAN: There is no impact to the Growth Management Plan. FISCAL IMPACT: There is no fiscal impact with the revision of this section of the County code. RECOMMENDATION: That the Board of County Commissioners authorize the County Attorney to amend County code and the applicable ordinance governing the Productivity Committee's membership and quorum requirements. The amendment will be advertised and then presented to the Board for a final decision through the public hearing process. Winona Walker Stone, Budget Analyst & Productivity Committee Staff Liaison Reviewed By: /~~J~ -Date: Michael Smykowski, Director Office of Management and Budget Appro vecl_ B y ~~.-~---~ ~ Date: {~(- I~avid Weigel, Couhty Attorney W/go/o ! AGENDA ITEM 200 BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE May 8, 2001 FOR BOARD ACTION: 1. Satisfaction of Lien: NEED MOTION authorizing the Chairman to sign Satisfaction of Lien for Services of the Public Defender for Case Nos.: 90-1504-IT; 92-2389-MI; 92- 2696-MI; 90-4388-TM; 90-4389-TM; 00-4229-MMA; 96-559-CFA; 97-1437-CFA; 96- 5967-MMA; 94-1756-CFA; 94-1888-CFA; 89-455-CFA; 94-360-CFA; RECOMMEND APPROVAL. 2. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: Clerk of Courts: Submitted for public record, pursuant to Florida Statutes, Chapter 136.06(1), the disbursements for the Board of County Commissioners for the period: 1) March 28, 2001 tlu'ough April 3, 2001 2) April 4, 2001 through April 10, 2001 B. Districts: 1) Fiddler's Creek Community Development District - Minutes for February 28, 2001 - Financial Statements - Management Letter 2) Cedar Hammock Community Development District - Minutes for January 8, 2001 3) Golden Gate Fire Control & Rescue District - Agenda for April 11,2001 4) South Florida Water Management District - Notice of May 10, 2001 C. Minutes: 1) Collier County Metropolitan Planning Organization - Notice of Cancellation for April 27, 2001 and Notice of May 18, 2001 2) Collier County Planning Commission - Agenda for April 5,2001, April 19, 2001 and Minutes of February 15, 2001, March 1, 2001 3) 3) Collier County Airport Authority - Minutes of February 12, 2001 and Agenda for April 9, 2001 and Agenda Summary April 9, 2001 4) H:Data/Format Collier County Water & Wastewater Authority - Minutes of January 22, 2001 AGENDA ITEM No.__ HAY - 8 ZOO11 P~. i 5) Collier County Community Health Care Planning And Finance Committee - Notice of April 18,2001 6) Pelican Bay MSTUB Advisory Committee - Notice for April 4, 2001 and Agenda for April 4, 2001 and Minutes of March 7, 2001 7) Collier County Historical/Archaeological Preservation Board - Agenda for April 20, 2001 and Notice of March 16, 2001 and Minutes for March 16, 2001 8) Rural Fringe Area Assessment Oversight Committee - Agenda for April 11, 2001, April 25, 2001 Notice of April 11, 2001, April 23, 2001 and charge to April 25 and Minutes of March 26, 2001 9) Parks and Recreation Notice of April 23, 10) Radio Road MSTU Advisory Committee - Notice of April 13,2001 11) Marco Island Beach Advisory Committee - Notice of April 3,2001 12) Collier Park of Commerce Owners Association - Minutes of March 12, 2001 13) Sable Palm Property Owners Association- Notice of April 23, 2001 14) Golden Gate Beautification Advisory Board - Minutes of March 13,2001 and Agenda for April 10, 2001 15) Community Development Services - Agenda for April 3,2001 16) Environmental Advisory Council - Agenda for April 4, 2001 H:Data/Format AGENDA ITEM NAY -- 8 20§ EXECUTIVE SUMMARY RECOMMENDATIONS TO APPROVE A RESOLUTION BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND SPRINT TELEPHONE COMPANY OF FLORIDA. OBJECTIVE: To gain Board of County Commissioners approval of the attached Resolution between the Board of County Commissioners and Sprint Telephone Company of Florida, for continuing the existing E- 911 system. CONSIDERATIONS: To provide an enhanced "911" emergency telephone system for the citizens of Collier County. A Resolution to be executed by the Board of County Commissioners to allow Sprint Telephone Company of Florida to collect a fee at $ .32 per month per access line to fund the cost of maintaining the enhanced "911" system, from September 30, 2001 to September 30, 2002. The Board of County Commissioners authorizes the Sprint'Telephone Company of Florida to deduct an administrative fee equal to 1% of the monies collected for the enhanced "911" emergency telephone system. FISCAL IMPACT: The cost of funding this system will be paid by the subscribers. No ad valorem tax dollars will be expended. The fee for FY 00-01 was $ .37. There is a decrease in the fee due to additional income from wireless companies. Any reserves will be accumulated according to Statute.(199-919010-991000-00000) GROWTH MANAGEMENT IMPACT: The subscribers will pay for the system. RECOMMENDATIONS: That the Board of County Commissioners authorize the Chairman to execute the Resolution. See attachment for Resolution. Sandi L. Chernoff, 911 Coo{~tor APPROVED Do~eriff, 911 Director DATE: April 27, 2001 AGENDA ITEM MAY - 8 2001 Pg._ .......... 1 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 25 26 27 28 31 34 36 37 39 40 41 42 43 44 45 46 47 48 49 50 51 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 RESOLUTION NO. 2001- A RESOLUTION PROVIDING FOR THE IMPOSITION AND COLLECTION OF A LOCAL OPTION FEE FOR PROVISION OF ENHANCED EMERGENCY "911" TELEPHONE SERVICE AND EQUIPMENT WHEREAS, Section 365.171(13), Florida Statutes, provides that a county may impose a fee for charges for "911" service and equipment to be paid by local exchange subscribers on an individual exchange basis at a rate not to exceed fifty cents ($.50) per month per access line; and WHEREAS, The Board of County Commissioners of Collier County, Florida, deems it appropriate and in furtherance of public health, safety and welfare to access a fee for the enhanced "911" telephone service availability in Collier County. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: Pursuant to Section 365.171 (13), Florida Statutes, there is hereby imposed against local exchange subscribers a local option fee for the provision of enhance "911" emergency telephone service and equipment in Collier County. This fee shall be adjusted annually to cover allowable expenses as described in Section 365.171(13(a)(6), Florida Statutes. For the period of September 30, 2001 through September 30, 2002, the fee will be $ .32 cents per subscriber per access line per month. The County requests that the telephone company (exchange telephone service provider) providing enhanced "911" service and equipment to Collier County collect from its subscribers within Collier County, the local option fee assessed by this Resolution and remit those fees to Collier County. Said telephone company, pursuant to Section 365.171(13)(c), Florida Statutes, may retain as an administrative fee an amount of one percent (1%) of the total "911" fees actually collected by said telephone company. Money in reserve is being carried forward to provide for capital improvements described in Section 365.171(13)(a)(3), Flodda Statutes. Additional money from fiscal year 2000 revenues to be added to the total reserves shall not exceed ten percent (10%) of such fees billed for the 1999 fiscal year. The cumulative reserves are to pay for projected expansion and replacement of E911 equipment and service features described in Section 365.171(a)(13)(6), Florida Statutes. All carry forward reserves shall be administered in accordance with Subsection 365.171(13), Florida Statutes. This Resolution adopted on the __ second and majority vote for adoption. day of ,2001, after motion, DATE D: ATTEST: DWIGHT E. BROCK, Clerk BOARD Of COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA. BY: BY: James D. Carter, Ph.D, Chairman Approved as to form and legal sufficiency: Thomas {~. Palmer Assistant County Attomey AGENDA ITEM HAY - 8 2001 p Z._ EXECUTIVE SUMMARY APPROVE THE MEDIATED SETTLEMENT AGREEMENT AND STIPLATED FINAL JUDGMENT TO BE DRAFTED INCORPORATING THE SAME TERMS AND CONDITIONS AS THE MEDIATED SETTLEMENT AGREEMENT RELATIVE TO THE ACQUISITION ON PARCEL 145 IN THE LAWSUIT ENTITLED COLLIER COUNTY V. OWEN M. WARD, TRUSTEE, ET AL., CASE NO. 99-1291-CA, PROJECT NO. 65031 (RADIO ROAD, SANTA BARBARA BOULEVARD TO DAVIS BOULEVARD). OB,[ECTIVE: That the Board of County Commissioners approve the Mediated Settlement Agreement and a Stipulated Final Judgment to 'be drafted incorporating the same terms and conditions as the Mediated Settlement Agreement as full and final compensation to be paid for the acquisition of the fee simple interest on Parcel 145 for the Radio Road 4-Laning Project in the lawsuit entitled Collier County v. Owen M. Ward, Individually and as Trustee, et al., Case No. 99-1291-CA. CONSIDERATIONS: On June 18, 1999 an Order of Taking was entered in Collier County Circuit Court regarding the acquisition of fee simple interests for the Radio Road Project No. 65031 (Santa Barbara Boulevard to Davis Boulevard). On July 7, 1999, Collier County deposited with the Registry of the Court the sum of $221,500 for Parcel 145 in accordance with the Order of Taking. A Mediation Conference was held on March 27, 2001 at which the parties reached a settlement agreement whereby the property owner, Owen M. Ward, Individually and as Tmstee, will be fully and fairly compensated for the property interests taken for the public purposes enumerated in the resolution of condemnation (Resolution No. 98-105). The terms of the Mediated Settlement Agreement (attached as Exhibit "A") will be incorporated in the Stipulated Final Judgment to be presented to the Court for entry. The Mediated Settlement Agreement provides for $380,540 to be paid to Respondent in full. settlement of all claims for compensation including business damages from Petitioner, including statutory interest, but excluding attorney's fees, experts' fees, costs and expenses. It also provides that construction shall be completed by September 30, 2002. If construction is not completed by said date, Respondent will receive an additional $10,000 per month until the project is completed as additional damages. The Mediated Settlement Agreement provides that the County shall deposit an additional $159,040 into the Registry of the Court. Staff has reviewed the County's obligations in the Mediated Settlement Agreement and consider them to be reasonable. FISCAL IMPACT: District 2 Reserves and appropriate in this project. A budget amendment is needed to transfer $159,040 from the Impact Fee No._ iL, LI 1 MAY - g 20,01 GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: 2. 3. 4. o That the Board of County Commissioners: approve the expenditure of funds as stated; and deposit $159,050 into the Court Registry. approve the attached Mediated Settlement Agreement; and approve the Stipulated Final Judgment which will incorporate the terms and conditions of the Mediated Settlement Agreement to be presented to the Court for entry. SUBMITTED BY: Approve the necessary budget amendment. Heidi F. Ashton, Assistant County Attorney REVIEWED BY: Richard J. Hellriegel, REVIEWED BY: Director Tran . Dept. REVIEWED BY: Administrator T Division APPROVED BY: /~~~ David C. Weigel, C~unty ~mey Date: 4' "2-'} - 6 } Date: Date: h:Lit~EmDomain\OwenWard-ExS urn MedSettlement- 145 I M AY - 2001 pg. 4/ From-Call Jer County ~t;tornl¥ Off ica 941 774 0225 T-~33 2 IN TH~ CI~CUI~ COURT O1: TI~ ~ ~DIOAL CIRCUIT ~ AND FOR COLLIER COUN'1~, FLOR]~DA crv'IL DIVISI~ COLLER COUNTY, FLORA, Vo C..amc No.: 99... 1291-C-a- Paxr. e! No.: 14~ OW~/N M. WAED, 'rg.UST~E, et al., 1viED~ S~I'I'LEi~-NT AGREEMENT At a ~ Conf~ held ~ ~ 27~ ~ of~ 200], the ~ ~d from Coup. 0,i-05-01 08:66 4/ 5/2G01 10:21 ; -~-Goocl'lel:~:e,Co~.emart,&.jollnson,pA; ;to.Cai lief County A~torney 0ffi;a 941 774 0225 ?. 003/003 ~-I06 6. This ~ is sul:,j,~-t ~ atrFtoval b,~ th= Boa=t of County Oauamissi~ of Culli~x Co-_,,t'y. Tlmis' A~m=~t a~t ~ auach~ ~ if aura, c~u(s) all ofmh~ 'Pa, ti.tionm' At~m~ ~or P~iion~' Defendant Auom~ ~r ~s) 2 Sheet I of 2 AVESMT 2001-AR424 EXECUTIVE SUMMARY PETITION AVESMT 2001-AR424 TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY'S AND THE PUBLIC'S INTEREST IN THE 15' WIDE DRAINAGE EASEMENT LOCATED ALONG THE LOT LINE COMMON TO LOTS 5 AND 6, ACCORDING TO THE PLAT OF "WILLOW PARK" AS RECORDED IN PLAT BOOK 31, PAGES 73 THROUGH 74, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. LOCATED IN SECTION 1, TOWNSHIP 49 SOUTH, RANGE 25 EAST. OBJECTIVE: To adopt a Resolution to vacate the 15' wide Drainage Easement on Lots 5 and 6, "WILLOW PARK". CONSIDERATIONS: Petition AVESMT 2001-AR424 has been received by the Planning Services Department from Jeff Davidson of Davidson Engineering, Inc., as agent for the petitioner, Deangelis Diamond Construction, Inc., requesting the vacation of the 15' wide Drainage Easement located along the lot line common to Lots 5 and 6, according to the plat of "Willow Park" so that a proposed building can be constructed over the lot line. All requisite letters of no objection have been received. Zoning is PUD. FISCAL IMPACT: Planning Services has collected a $1,000 "Petition to Vacate" fee from the petitioner which covers the County's cost of advertising, recording and processing the Petition. GROWTH MANAGEMENT IMPACT: None PLANNING SERVICES STAFF RECOMMENDATION: That the Board of County Commissioners: 1. Adopt the Resolution for Petition AVESMT 2001-AR424 for the vacation of the 15' wide Drainage Easement as described therein; and 2. Authorize the execution of the Resolution by its Chairman and direct the Clerk to the Board to record a certified copy of the Resolution in the Official Records; and 3. Request the Clerk to the Board to make appropriate marginal notes on the recorded plat. no. t i ~[" 2001 Sheet 2 of 2 AVESMT 2001-AR424 PREPARED BY: _r~_, r- ,~"- ~ Rick Grigg, P.S.M. Planning Services / Th~°mas E Khck, P.E. Engineering Review Manager DATE: REVIEWED BY:Ro~ Planning Services Department Director f I · Cc~nmunity Developmem & Environmental Services DATE: MAY 0 8 2001 1 2 3 4 5 6 7 $ 9 10 11 12 13 RESOLUTION NO. 2001- RESOLUTION FOR PETITION AVESMT 2001-AR424 TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY'S AND THE PUBLIC'S INTEREST IN THE 15' WIDE DRAINAGE EASEMENT LOCATED ALONG THE LOT LINE COMMON TO LOTS 5 AND 6, ACCORDING TO THE PLAT OF "WILLOW PARK" AS RECORDED IN PLAT BOOK 3 I, PAGES 73 THROUGH 74, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. LOCATED IN SECTION 1, TOWNSHIP 49 SOUTH, RANGE 25 EAST. WHEREAS, pursuant to Seetaon 177.101, Florida Statutes, Jeff Davidson of Davidson 14 Engmeenng, Inc., as agent for the petitioner, Deaagelis Diamond Construction, Inc., does hereby request 15 the vacation of the 15' wide Drainage Easement along the lot line common to Lots 5 and 6, as depicted on 16 the plat of "Willow Park" as recorded m Plat Book 31, Pages 73 through 74, Public Records of Collier 17 Count3', Florida, located in Section 1, Township 49 South, Range 25 East; and 18 WHEREAS, the Board has this day held a public hearing to consider vacating said 15' wide 19 Drainage Easement along the lot line common to Lots 5 and 6, as more fully described below, and notice of 20 said public hearing to vacate was given as reqinred by law; and 21 WHEREAS, the granting of the vacation will not adversely affect the ownership or right of 22 convenient access of other property owners. 23 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF 24 COLLIER COUN'I~, FLORIDA, that the following be and is hereby vacated: 25 See Exhibit "A" attached hereto and incorporated herein. 26 BE IT FURTHER RESOLVED, that the Clerk to the Board is hereby directed to record a cemfied 27 copy of this Resolution in the Official Records of Collier County., Florida, and to make proper notation of 28 this vacation on the recorded plat as referenced above. 29 This Resolution is adopted this __ 30 majority vote favoring same. DATED: ATTEST: DWIGHT E. BROCK, Clerk 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 day of Deputy Clerk , 2001, after motion, second and BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: James D. Carter, Ph.D., Chairman Approved as to form and legal PaYrick G. White, Esq. Assistant County Attorney MAY 0 8 ,?.001 SHEET I OF LEGAL DESCRIPTION AVES~T CENTERLINE 15' WIDE DRAINAGE EASEMENT BEING PART OF LOTS 5 AND 6, WILLOW PARK PLAT BOOK 31, PAGES 73 AND 74 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORDA. Beginning at the northeast comer of Lot 5, Willow Park, as recorded in Plat Book 31, Pages 73 and 74, of the Public Records of Collier County, Florida; Thence along the common lot line of Lot 5 and Lot 6 of said Willow Park South 02002'08" West 167.48 feet to the southeast comer of said Lot 5, also being the Point of Terminus of the centerline of a 15' wide drainage easement herein described. Sidelines of said easement are to be extended or shortened to provide a minimum width of 7.50 feet from centerline. Containing 2512.2 square feet plus or minus. Subject to easements and restrictions of record. Bearings are based on the east property line of Lot 5, as being South 02002'08" West. RWA Surveying, Inc. Land Surveyors and Mappers 3050 North Horseshoe Drive Suite 270 Naples, Florida 34104 (941) 649-1509 Florida Certificate of Authorization LB #6952 By: ~"',~/ ~ ~ ~ :-' Roger'G. ~2arte~,Prc~fessional Surveyor and Mapper LS#5702 Date: Not valid unless embossed with the Professional's seal. Ref. Sheet 2 of 2, 00-0208-1S1. SHEET 1 of 2 M:~2000 PtoyeCtsxO0-0208 Lots :5 & 6 Willow Park,Sur~'eyxLEGAL D£SC 15'VACATED EASEMENT doc AGENDA ITEM No. -- M/ Y 0 8 ZOO1 120.00' 5 **-THIS IS NOT A SURVEY"'* EXHIBIT "B' S 87'57'52' E 120.00' E,,.--'- P.O.B. N.E. CORNER LOT 5 WILLOW PARK 120.00' I_ 7.5' I I I I 6 DRANIANGE EASEMENT TO BE VACATED P.O.T. S.E.. CORNER LOT 5 WILLOW PARK S 87'57'52' E 120.00' WILLOW PAR~ DR~W~ N 87'57'5~' ~ff (A.E., U.F.C.U~ ~ D.E.) ~G~ OF WAY ~ "A" ]D;Z~H' "A" S[~:ET 2 OF 2 A'v~S M'T 2001-A~424 II II ! II II I Ct)NC. I Io · 11 10 RWA SURVEYING, INC. LAND SURVEYORS AND MAPPERS 3050 NORTH HORSESHOE DRIVE, SUITE 270, (941) 649-1509 ROGER ~. C~TER: PROFESS.O,*L SURV~OR *,D MAPPER LS~ 5702 SEE SHEET ONE OF TWO FOR LEGAL DESCRIPTION P.O.B.=POINT OF BEGINNING P.O.T.-=POINT OF TERMINUS 1-16-00 DATE: 3050 Norm Horseshoe D~ve, Suite 270 Names. Florida 34104 (941} 649-1509 FAX: (~41) 64~7056 E.Mail: www.consutt.rwa.com 11-16-00 1" =40' REC ~..I[GK[D aY: RCC SEC: ~ 4g 25 CLIENT: DEANCELIS TITLE: ..~E~ 00- 0208 )SHY'IT 2 NUMBER: NUMG£R: AGENDA ITEM .o. MAY 0 8 Z001 Date Received: PETITION Attachment "B' FORM FOR VACATION OF PLATS OR OF PLATS OF SUBDMDED LAND 16Al PORTIONS ~qv~7- Zoo~- Petition #: Petitioner: [~EAI461:-U5 ~I~MI~Mb CC)/~j~TRL~'T/_r~., Address: 2277 -r~Ac~ cc~-'~p.. WAY' Telephone: City/State: MA~-E.S ,. FL- Zip Code: Age·t: City/State: MA~ e.~;. f:: t. Telephone: (q41~ a~qT- xq/G Zip Code: 2,%(~c~ Addre~__ of Subject Property: ~:0'7~ ~' f~, Location: Section I Township ,~ Range ~_~ Legal Description: Lot ~ Current Zoning: Does this affect density? Subdivision: t~'fL,,.C)~ J::~.,~.Z: Plat Book Page(s) I hereby authorize Agent above to repr ~e~e~. t me for this petition: ~ Yes f"! No . . mt, [- Print Name - / /(Title) .-es Please see "Policy and Procedure for the Vacation and Annulment of Plats or Portions of Plats of Subdivided Land" for the list of supportive materinh wMch must accompany this petition, and deriver or mail to: da. Com~·Mty Development & En~ranmen~l Services DivL~n Planning Services Department 2800 North Horseshoe Dr. N·pl~, Florid~ (]) (2) (4) If applicant is a land trust, indicate the name of beneficiaries. If applicant b a corporation other than a public corporation, indicate th( mjor stockholders. If appflcont is · partnership, limRtd partnership or other business entity principals. List aH other owners. ARadmmst PI~c 4 of 4 MAY 0 8 2001 Pg. ACTION TITLE -: : (COP..POR~TI~ S-r'AL) tt SPACE A~OVE THI~ LINF FOR [IECORDING DATA *l'b~s W&rrumy Dccd Made md c~ecu~d t~ ~4~ duy of Octobcr x.D. 2000 ky WILLOW .PROFESSION.~L PARK LIMITrD PARTN£RSIIIP, A I,'LORID& UMIT~D FARTNERSHIP. a ~ cxi~ng under Ike taws of~. and having ,ts Principal price 0f bu.~mcss al 2400 9TH S'T'J~i:T N SUITE 101. NAPLES, FL 3410) ho'c~itm'~' celled thc jsmum, Io DD FART~qt.'RSHIF OF NAFLES, LLC., A IrLoR3'DA L[MFT]~D ]...IABJLrr'Y COR,I'PA~ Y wlmse po. office add.ss ii 229~ 'I'RADL £'EN'rER WAY SUITi~. 10l. NAPLF. S, FL 3480f) heTiMl~*¢eged dee ~amoe: pMu.~.ve~ urea het~m me ~mws "~mmr" pu~ Wimcsr~cth: Tha~ the gr~tOr, fo~ 8fid in comKl~ilm~ of' ~h~ rmm of $10.00 ~ odmr v~luable C~lidie~MJO~L reoeip( w#e~of is hereby acknowledged, by these prg.~-mt& d0c~ para. bigbin, ~U, ~JJmt, fmntM, rdga~, coovey arid confirm Jm~0 ~he gfumeg, Ifil thru cerlmn Im~l I, ttume m Collier' Coumy, FJ~'XJ~, viz: LOT 6. WILLOW PARY... ACCOP..DrNo TO 'I~[IS PLAT THE,RP_.OF, OF lU~COI.D ~ PLAT 9OOJC 3 l, PAGE(S) 73 AND 74, OF THE PUBLIC g,~COB. D$ OF COLLLF.~ COUNTY, FLOR.IDA 'me~s Sign~ur Prmtcd N~ STilE OF FLO~D~ COUNTY OF COLLIER In Wime~ W~e~'eof, ~- grantm has cemed these WIL~W ~KO~SiON~ I HER£UY CERTIFY Ibm ~ this day, before m~, Jn off'mcr duly ~ k ~ ~ ~ ~mry do~ to ~ ~kflowl~nta, ~ly a~ GEORGE VU~OBR~TO~CH (~l~ by DRIVES LI~SE, ~ml duly sworn ~d) who DIDNOTl~ean~hwellk~nlo~m~ ~/ ~t~lyof~c~i~n~lmm~fmgom8 ~, ~ th~ they ~vcrally K~ow~ ~uling ~ ~ in'the ~ce ~ ~J w~ ~ ~ volmdy ~r ~lh~ty duly v~l~ m Ih~ by s~ c~t~ ~ ~ ~ ~ a~x~ t~ d ~ ~ ~ ~ ~ ~. · ~, .<.',.- ~o ~ .~~ NO. MAY 0 8 2001 10' LB.E.- '";,,!'~;'~ It!,;. "' " "-'-"?i !";'"~;-;,,' ~"?-'"'-;---.---; ~ l ,:iii- ~_i ":"' * iii~; ti;.;~ ~,,,:, ,:- ,, ..... iiii !' '""'"' :.- ' ;-'-. ~ ~! = Ill'.- t ,!i ~,,,,~ ...,. .t,, ' '-- ":';'; ,i~,, ,1, ili ,,.~,.. ! ,i '~ ! i! j"'" ': I i Iii ~'";¢' "~ Iii i , ,,i'_.,,:..,,. -, ,~:'!, I!,,,,,.;;', :;: ', ," :, ' ii ,.,:,,::.:~,:~ t~ ! i .-,,. . .,:,,,.:. ;. f,,l'" ,:,~,_,,,, ,,,,.I¢ i! ii,',- "! ' :" ::' ' !.: lllil --,.'.,.~i,,lt,ll ,ii!il.... ~,, .:, ,:.. , ,, . .It i '""'""-'"'" !:: ii I t!~ililill!il!! -'f ~ .,, ~tI ¢ ii,~,,il'- ;,-';, 41,!,. !ih "'"'"' '"" ~-" "'-'' '"'"":"" I~,,i,i. i.I . ..: . ,.,.. I, lh, l .... ~... ,, ,, ,,, ti,;~1t.t~tl,l~ II ]i ~i! I~1 N AGENDA ITEM/I /~ NO- , MAY 0 8 2001 AGENDA ITEM MAY 0 8 2001 LO~ ~,K ORANGE BLoSSDN OAK I P.-~. PS.,! NO. al. 22 ~4-~7I E. SUBOZVZSIDN =.B. PG. N~.LDEN OAKS p;:IO--ESSZCNM. ~ 4~-47 CEKTER AT LOI~- LEXINGTON AT LON; O~K I.~ITT THO ~5 Be-B7 #ALDEN sHORES ~ BB-e9 AGENDA ITEM MAY 0 8 2001 Sent By: lip laser'Jet 3100; 9416497056; Jori- 19-01 11:26; PGge 2/4 I X TA' Novumbsr 21,200O M~. ]oJm ]~ Bo]dc, PSM, PIT Director 3301 E~t TmnTa~ Trail Exh~k enclosed a po~g~ mwelow for yo~ com, a~imme.. Plmma d~ ~ im~e ~ eo~m~ om' e4Tsee if ~oa R~lly, ~G. Carter ~rin~ptt RW^ Sm-v~ In;. 3050 North I-~aeshoe Drive. Suite 270. NIH)lea. FIm'lda 84104" (g41) AGENDA ITEM NO._ MAY 0 8 ZOO1 November 21, 2000 DEC 5 2000 RECEIVED Mr. John R. Houldsworth Senior Engineer Collier County Engineering Review Services 2800 North Horseshoe Drive Naples, Florida 34 ! 04 Vacation of Drainage Easement On Lots $ & 6 Willow Para Dear Mr. Houldsworth: Please be advised that we are the Consulting Engineers for DeAngelis Diamond, Inc. property owners of the land described in the attached Exhibit "A'. We have been engaged by DeAngelis Diamond, Inc. for the purpose of petitioning Collier County in connection with the relocation of a drainage easement currently existing on their property. This easement is described and graphically depicted on the attached Exhibit "B'. As part of the formal procedure to vacate the drainage easement, Collier County requires that certain utilities and users of the easement acknowledge this "Letter of No Objection." Please indicate your consent to the vacation of the easement by means of signature below and return the same to us. We have enclosed a postage-paid envelope for your convenience. Please do not hesitate to contact our office if you should have any questions. We thank you in advance for your prompt attention to this matter. Respectfully, Roger G f a~er~ Principal RWA Surveying, Inc. The undersigned does hereby agree to have no ob[ection to the proposed vacation. Print Name: ~t-x~ Date: IZ~ t.~ M ~.000 ProjectsXOO-O20a Lots 5 & 6 Willow ParkLSurvey'~Lettet IO John Houldswolh re vacmton of easement doc '~ncn ~l^,th g4~e,t~,~,bna t~rlu~ ~llitm 97n Ninnies Florida 34104 · (g41'~ 64g-1509. f MAY 0 8 2001 COLLIER COUNTY PUBLIC UTILITIES DIVISION December 6, 2000 RWA Land Surveyors 3050 N Horseshoe Dr Ste 270 Naples, FL 34104 Re: Lt 5 & 6 Willow Park GOVERNMENT DEC 0 8 2000 3301 E. TAMIAMI TRAIL NAPLES, FL 34112 (941) 732-2575 FAX: (941) 732-2526 Dear Mr. Carter: This office has reviewed your request to vacate the above-referenced Lot 5 & 6 of Willow Park. The Collier County Water-Sewer District has no facilities in the area defined on your site plan, so we, therefore, have no objection to your proposed vacation of a drainage easement. Should you have any further questions, please feel free to contact me. Sincerely, Lisa Taylor Engineering Technician I CC: Paul Mattausch, Water Director Joseph Chcatham, Wastcwatcr L)irecio[ Rick Grigg, Land Surveyor, Com~nunity Development g:\engineering tech\easement vacation\willow park It 5 & 6.doc AGENDA ITEM MAY 0 8 7001 .J- q" · v ..t.. '"LMa~rs November 2 !, 2000 O0 II,SC -5 A~ 9:~8 Mr. Ed Kant, P.E. Director Transportation Department 3301 East Tamiami Trail Naples, Florida 34112 RE: Vacation of Drainage Easement On Lots $ & 6 Willow Park Dear Mr. Kant: Please be advised that we are the Consulting Engineers for DeAngelis Diamond, Inc. property owners of the land described in the attached Exhibit "A". We have been engaged by DeAngelis Diamond, Inc. for the purpose of petitioning Collier County in connection with the relocation of a drainage easement currently existing on their property. This easement is described and graphically depicted on the attached Exhibit "B". As part of the formal procedure to vacate the drainage easement, Collier County requires that certain utilities and users of the easement acknowledge this "Letter of No Objection." Please indicate your consent to the vacation of the easement by means of signature below and return the same to us. We have enclosed a postage-paid envelope for your convenience. Please do not hesitate to contact our office if you should have any questions. We thank you in advance for your Prompt attention to this matter. Respectfully, Roger G.~a~er Principal RWA Surveying. Inc. ,~ Tho underg' ' e/reby agree to have no objection to the proposed vacation. _ ."'-~'~- . ' ) ' -. Print Name;" f aa ~,.~..p4,,/ Date: (// / z M '2000 P[o~ects'.~O-0208 Lots 5 & 6 Willow Park\Surve',r'~elter to Ed Karo re vacation of casemem doc ,-,', ~,~.-,k W-,rracl-r~ Fh,iw~ -~llita 970 Naples Florida 34104 ° (941 AGENDA ITEM "°' /7h MAY 082001 ] 649-1509, fax: (941) 649-7056 * www.consult-rwa.com FROM DAUIDSON ENGINEERING INC 1720 Mar. 89 i~)01 12:16PM P2 Should ~v l~w my ~aI~i,~m, pka.~ ~ MAY 0 8 ZOO1 November 21. 2000 Mr. J. W. White Construction Services Florida Power and Light 4105 15th Avenue S.W. Naples, Florida 34116 RE: Vacation of Drainage Easemens On Lots 5 & 6 Willow Park Please be advised that we are the Consulting Engineers for DeAngelis Diamond, Inc. property owners of the land described in the attached Exhibit "A". We have been engaged by DeAngelis Diamond, Inc. for the purpose of petitioning Collier County in connection with the relocation of a drainage easement currently existing on their property. This easement is described and graphically depicted on the attached Exhibit "B". As part of the formal procedure to vacate the drainage easement, Collier County requires that certain utilities and users of the easement acknowledge this "Letter of No Objection." Please indicate your consent to the vacation of the easement by means of signature below and return the same to us. We have enclosed a postage-paid envelope for your convenience. Please do not hesitate to contact our office if you should have any questions. We thank you in advance for your prompt attention to this matter. Respectfully, Roger G. Carter Principal RWA Surveying, Inc. The undersigned does hereby agree to have no obiection to the proposed vacation. Print Name: (1 S ~,',2. '-r'~M-,q~l Date: I Z - ~- ~ 0 r MAY 0 8 2001 ! · ~r~¢c} Nc, rrb Horsn:hoa Drive. Suite 270, Naples, Florida 34104 * (941) 649-1509, fax: (941) 649-7056 * www.consult-rwa.com Sprint RECEIVED Box Naples. Flori(kt December 12, 2000 Mr. Roger G. Carter RWA Surveying, Inc. 3050 N. Horseshoe Dr. Suite 270 Naples, Florida 34104 Re: Willow Park, Lots 5 & 6 - Vacation of Easement Dear Mr. Carter: 'In response to your letter dated November 21, 2000, regarding the vacation of a drainage easemem at the above referenced project, this is to advise that Sprint-Florida, Inc. has no objection to the vacation of said easemem. If we can provide additional information, please contact me at 263-6216. Sincerely, Network Engmecr Il - E&C AGENDA ITEM MAY 0 8 '001 .~_ ~. · · .,/. ~Mappers November 21,2000 Mr. Gene Howell Construction Manager Media One 301 Tower Road Naples. Florida 3411-3 RE: Vacation of Drainage Easement On Lots 5 & 6 Willow Park Dear Mr. Howell: Please be advised that we are the Consulting Engineers for DeAngelis Diamond, Inc. property owners of the land described in the attached Exhibit "A' We have been engaged by DeAngelis Diamond, Inc. for the purpose of petitioning Collier County in connection with the relocation of a drainage easement currently existing on their property. This easement is described and graphically depicted on the attached Exhibit "B". As part of the formal procedure to vacate the drainage easement, Collier County requires that certain utilities and users of the easement acknowledge this "Letter of No Objection." Please indicate your consent to the vacation of the easement by means of signature below and return the same to us. We have enclosed a postage-paid envelope for your convenience. Please do not hesitate to contact our office if you should have any questions. We thank you in advance for your prompt attention to this matter. Respectfully, Roger G. Carter Principal RWA Surveying, Inc.~ - The undersigned does hereby agree to have no obiection to the proposed vacation. Print Name: (3-E7.~ ~' ~ ~ (-'{ Date: / '2- ]l ~ (o,., AGENDA ITEM MAY 0 8 ZOO1 M ~2000 projects,0o-O20$ Lois 5 & b Willo~ Park~Survey~l.elter to G Howell re vacation ol casemem doc FEB- 12-~)01 18:59 AM DEANGELIS DIAMOND CONSTC I~T II3N TIILL 9415941995 Collier County Tax Collector 2000 Tax Roll Inquiry System -' ~j~.~ow,.o,~iO~r.~, '" ~ ~O:s,,~ii',~' '"~-- 3( ~'.;'~I ,, I~p~5~_~ow ~.~.. __:.: ...... ......ll~e.,t~s]' ....... ~ "'~ ~.~[- ' .......... ~&CSS: FL 3410~35 : ........ % AL UE~XEMPI'IONS~ '~X INFORMA~ON PAY TERMS PATEN]' INFO ,,, ~ ,~ ...... ...... ~,,~.,;.. Last Updated: 2/9/01 5:OOpm hup:/lwww .collicrtax .con~Rc~ordDctail.a.sp?Foliol~-82597000146 AaENDA ITEM 1~/~ No. MAY 0 8 ZOO1 2-0 1 FE~-'].~--~O 1 DEAHGELI$ ])!AMOHD ;~CT 10~ TITLE CONSTC 9415941995 ~agc I o! 1 P.05 Collier County Tax Collector 2000 Tnx Roll Inquiry System PRO~KR'I'Y INFORMAl'ION WILLOW PARK UR LLOW lARK Ft..~411.1-4,13 S /F.X~MI~I'IONS : I~I~'O~'VIA'I'ION Taxble V,,lae Cmmt Homc:~d Z4.27 FAY T£RMS 40.0? Adv~.~io ~'AYM ENT INFO hid D!: M~ch, MOlq: STATUS I~FO. )4on Ad V~: I~ b~ltallmrnt. TDA: Las~ Updated: 2.~9/01 $:00pm AG;:NDA 'TF:M 11 ~ NO. , MAY 0 8:7001 .o:_ ~ ~ ~ ~_ -~-Mappers MEMORANDUM DATE: February 28, 2001 TO: Rick Grigg~ Collier County FROM: Roger G. Carter Willow Park Lots 5 & 6 ( LIST OF ADJACENT OWNERS ) The following is the information you requested regarding the abutting property owners within a 250 foot range of the following. Willow Park Lots 5 & 6, as recorded in Plat Book 31, Pages 73 & 74, of the Collier County Public Records a,~ fred the following of record: Warranty Deed recorded in O.R. Book 2296, Page 1998 (Parcel 4). Bit's Investment Corporation: 6780 Airport Road, Naples, FL 34109 Warranty Deed recorded in O.R. Book 2463, Page 1532 CLot 4) Willow Professional Park Limited Partnership: 2400 Tamiami Trail N. #101, Naples, FL 34103 Warranty Deed recorded in O.R. Book 2735, Page 0626 (Lot 5) DD Partnership of Naples, I. LC: 2277 Trade Center Way - Suite 101, Naples, FL 34109 Warranty Deed recorded in O.R. Book 2735, Page 0625 (Lot 6) DD Parmcrship of Naples, LLC: 2277 Trade Center Way- Suite 101, Naples, FL 34109 Warranty Deed recorded in O.R. Book 2557, Page 1408 (lot 7) JBMB of Naples, Inc.: 760 Clarendon Court, Naples, Florida 34109 Warranty Deed recorded in O.R. Book 2584, Page 1516 (Lot 8) Sussex Holdings, LLC: 10641 Airport Road North, Suite 29 Naples, Florida 34108 Warranty Deed recorded in O.R. Book 2565, Page 2890 (Lot 9) j.m Johnson: 6736 Lone Oak Blvd., Naples, Florida 34109 warranty Deed recorded in O.R. Book 2648, Page 1725 (Lots I0 & 11) DIVCO Construction Corporation: 1998 Trade Center Way, Naples, Florida 34109 E L2000 Pmle¢~OO-O20g I~ta $ & 6 Wdlm~ Patk~Surve~. Merno to Rick Gnggs r,' - '-, .,~.**. L~,~re~chnP r~rix/~ qllit~ 270. Naples, Florida 3,' o~'~ rev o2-28-OI doc '941) 649'7056 MAY o 8 Z001 EXECUTIVE SUMMARY PETITION PUD-97-13 (1), MR. WILLIAM HOOVER AND ANDREW I. SOLIS, REPRESENTING THE CENTRE AT VETERANS PARK, LLC, REQUESTING AN AMENDMENT TO THE VETERANS PARK CENTER PUD HAVING THE EFFECT OF REMOVING TRACT "A" AND REDUCING THE PROJECT ACREAGE FROM 8.76 ACRES TO 6.94 ACRES FOR PROPERTY LOCATED ON THE SOUTH SIDE OF IMMOKALEE ROAD (C.R. 846) AND APPROXIMATELY 258 FEET WEST OF VETERANS COMMUNITY PARK DRIVE IN SECTION 26, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. COMPANION ITEM: PUD-96-1 (2) OBJECTIVE: To have the Board of County Commissioners consider an application to rezone the subject site from PUD to PUD for the purpose of amending the Veterans Park Center Planned Unit Development (PUD), Ordinance Number 97-80 as noted above. CONSIDERATIONS: The currently approved Veterans Park Center PUD has two development tracts. Tract "A" allows for support medical facilities such as physicians' offices, medical clinics and pharmacies as permitted in the Future Land Use Element (FLUE) of the Growth Management Plan. Tract "B" allows public facilities (Fire Station) and institutional uses. Due to changing market conditions, the petitioner is requesting to remove Tract "A" from the Veterans Park Center PUD and add it to the adjacent Veterans Park Commons PUD to allow low intensity commercial and medical office uses utilizing the same development standards. As a result, there is a companion petition to amend the Veterans Park Medical PUD (PUD-96-1) to add Tract "A" subject to the Office and In-fill Commercial Sub-district criteria. The subject property is designated Urban (Urban - Mixed Use District, Urban Residential Sub-district) on the Future Land Use Map of the Growth Management Plan. Relevant to this petition, this designation permits essential services, safety service facilities, and community facilities. FLUE Policy 5.4 requires new land uses to be compatible with the surrounding area. The remaining land area (Tract "B") is currently developed with a fire station facility. The definition of"safety service facility" in the Land Development Code includes fire stations. Based upon these findings, staff concludes the proposed uses allowed by this amendment are consistent with the Future Land Use Element. The traffic impact review indicates that there is a slight reduction in the site-generated trips from the currently approved PUD due to the elimination of Tract "A". As a result, the proposed change will not exceed the significance test on Immokalee Road (CR-846) within the project's radius of development influence (RDI). In addition, CR-846 is currently a 4-lane arterial road fronting the project. The current traffic count for this segment is 33,417 AADT, which results in LOS "D" operation. It should be noted that this segment is currently being designed to be improved to 6-lanes. 2001 FISCAL IMPACT: This amendment is only to eliminate Tract "A" and reducing the project acreage by 1.82 acres. These changes will not increase the intensity of the development and will reduce its impacts on County facilities. Therefore, this amendment by and of itself will have no fiscal impact on the County. The fiscal impact for this development was determined at the time the property was originally rezoned to PUD. In addition, the County collects impact fees prior to the issuance of building permits to help offset the impact of each new development on public facilities. These fees are used to fund projects in the Capital Improvement Element needed to maintain adopted levels of service for public facilities. In the event that impact fee collections are inadequate to maintain adopted levels of service, the County must provide supplemental funds from other revenue sources in order to build needed facilities. GROWTH MANAGEMENT IMPACT: The subject property is designated Urban (Urban - Mixed Use District, Urban Residential Sub-district) on the Future Land Use Map of the Growth Management Plan. Relevant to this petition, this designation permits essential services, safety service facilities, and community facilities. FLUE Policy 5.4 requires new land uses to be compatible with the surrounding area. The remaining land area (Tract "B") is currently developed with a fire station facility. Based on staffs review, the proposed changes are consistent with the Growth Management Plan. It should be noted that this PUD amendment petition does nothing to impact any consistency relationship with the GMP. Petitions deemed to be consistent with all provisions of the GMP do not have an adverse impact. This petition was reviewed for consistency and was found to be consistent with all the applicable provisions of the GMP. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Division 3.1 and 3.15 of the Collier County Land Development Code. ENVIRONMENTAL ISSUES: This amendment to the Veterans Park Center PUD has been approved by the Environmental staff subject to a gopher tortoise relocation/management plan to be submitted at the time of the next development order submittal. Due to the fact that no wetlands exist on site, no Environmental Impact Statement (EIS) is required. ENVIRONMENTAL ADVISORY COUNCIL RECOMMENDATION: The Planning Services Department Environmental and Engineering staffs have reviewed the petitioner's proposed amendment and have recommended approval. Since no EIS is required, this petition was not required to go before the Environmental Advisory Council (EAC). PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission (CCPC) heard this petition on April 5, 2001. They voted (6 to 0) to forward this petition to the Board of County Commissioners (BCC) with a recommendation of approval subject to staff stipulations contained in the PUD document. Since staff has not received any correspondence objecting to this petition, this item has been placed on the Summary Agenl ta. ~.~~ 2 MAY 0 8 2001 PLANNING SERVICES STAFF RECOMMENDATION: Planning Services Staff has referred this petition to all appropriate County Agencies for their review and recommendation. Based upon their analysis, staff recommends approval of Petition PUD-97-13 (1) subject to the conditions of approval as described the PUD document and attached to the Ordinance of Adoption and Exhibits made a part of this executive summary. PREPARED BY: RAY~ELLO~'~g, P~AL PLANNER CURRENT PLANNING SECTION q- . z4.ol DATE REVIEWED BY: SUSAN MURRAY, AICP, ACTING I~ANAGER CURRE~G~.ECT,.~C~.,. THOMAS E. KUCK, P.E., ACT~G DIRECTOR PLANNING SERVICES DEPARTMENT 9-oC-oj DATE DATE DATE A~ROVED BY: JO~'q M. D~CK, HI, ~TE~M ~M~ST~TOR C~TY DEV. ~ E~IRO~ENT~ SVCS. PUD-97-13 (I)/EX SUMMARY/RVB/rb DATE 3 ~ /9,Ex, MAY 0 8 200I MEMORANDUM TO: FROM: COLLIER COUNTY PLANNING COMMISSION COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DATE: RE: MARCH 15, 2001 PETITION NO: PUD-97-13 (1), VETERANS PARK CENTER PUD COMPANION ITEM: PUD-96-1 (2) AGENT/APPLICANT: Agent: Mr. William Hoover Hoover Planning & Development, Inc. 3785 Airport Road, Suite B-1 Naples, Florida 34105 Owner: Centre at Veterans Park, LLC 5455 Jaeger Road Naples, Florida 34109 Mr. Andrew Solis Price, Siket & Solis, LLP 2640 Golden Gate Parkway Naples, Florida 34105 GEOGRAPHIC LOCATION: The subject property is located on the south side of Naples-Immokalee Road (CR-846) and west of the Veterans Park Commons PUD in Section 26, Township 48 South, Range 25 East. (See iljustration on following page.) REQUESTED ACTION: This petition seeks to amend the currently approved Veterans Park Center Planned Unit Development (PUD) for the purposes of removing Tract "A" consisting of 1.82-acres. This tract will be incorporated into the adjacent Veterans Park Commons PUD in order to allow the combined properties to utilize the same development standards. PURPOSE/DESCRIPTION OF PRO,.IECT: The currently approved Veterans Park Center PUD has two development tracts. Tract "A" allows for support medical pharmacies as permitted in facilities such as physicians' offices, medical clinics and the Future Land Use Element (FLUE) of the 1 rowt~ MAY 0 8 2001 PROPOSED PUD MASTER PLAN EXHIBIT. "A " MAY 0 8 2001 Management Plan. Tract "B" public facilities (Fire Station) and institutional uses. Due to changing market conditions, the petitioner is requesting to remove Tract "A" from the Veterans Park Center PUD and add it to the adjacent Veterans Park Commons PUD to allow low intensity commercial and medical office uses utilizing the same development standards. As a result, there is a companion petition to amend the Veterans Park Medical PUD (PUD-96-1) to add Tract "A subject to the Office and In-fill Commercial Sub- district criteria. SURROUNDING LAND USE AND ZONING: Existing Conditions: As iljustrated on the photograph below, the Tract "A" is undeveloped and included into the Veterans Park Commons PUD while Tract "B" contains the Fire Station Training Facility and is zoned PUD. SurroUnding: North: East: South: West - Immokalee Road & developed single-family subdivision zoned RSF-3. -Undeveloped medical office & C-I/T commercial, Zoned: Veterans Park Commons PUD. -North Naples Community Park, Zoned: "P" Public Use. -Partially developed medical offices, Zoned: "SW Professional Health Park Center PUD". MAY 0 8 2001 GROWTH MANAGEMENT PLAN CONSISTENCY: This petition has been distributed to the appropriate jurisdiction review entities for review of the PUD for consistency with the current Growth Management Plan and they find the following: Future Land Use Element: The subject property is designated Urban (Urban - Mixed Use District, Urban Residential Sub-district) on the Future Land Use Map of the Growth Management Plan. Relevant to this petition, this designation permits essential services, safety service facilities, and community facilities. FLUE Policy 5.4 requires new land uses to be compatible with the surrounding area. The remaining land area (Tract "B") is currently developed with a fire station facility. The definition of "safety service facility" in the Land Development Code includes fire stations. Based upon these findings, staff concludes the proposed uses allowed by this amendment are consistent with the Future Land Use Element. Transportation Element: The traffic impact review indicates that there is a slight reduction in the site-generated trips from the currently approved PUD due to the elimination of Tract "A". As a result, the proposed change will not exceed the significance test on Immokalee Road (CR-846) within the project's radius of development influence (RDI). In addition, CR-846 is currently a 4-lane arterial road fronting the project. The current traffic count for this segment is 33,417 AADT, which results in LOS "D" operation. It should be noted that this segment is currently being improved to 6-lanes. Applicable Elements: Staff review indicates that this petition has been designed to account for the necessary relationships dictated by the Growth Management Plan (GMP). Mitigation measures and stipulations have been developed (where appropriate) to ensure consistency with the GMP during the permitting process. Development permitted by the approval of this petition is subject to a concurrency review. This review is subject to the provisions of Section 3.15 of the Collier County Land Development Code, Adequate Public Facilities, at the earliest or the next to occur of either Final SDP approval, final plat approval, or building permit applicable to this development. Therefore, this proposed PUD amendment is consistent with the goals and policies of the GMP. Staff has concluded that no level of service standards will be adversely affected by this amendment. Appropriate mitigation measures and stipulations will assure that the County's interests are maintained. Consistency with the goals, objectives and policies of other applicable elements of the GMP and level of service relationships are to be achieved by stipulations and/or development commitments made a part of the approval of this development order. MAY 0 8 2001 HISTORIC/ARCHAEOLOGICAL IMPACT: Staffs analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. However, Section 2.2.25.8.1 of the Land Development Code requires the following. If during the course of site clearing, excavation or other construction activity an historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. STAFF EVALUATION FOR ENVIRONMENTAL ISSUES~ TRANSPORTATION AND INFRASTRUCTURE: This petition was reviewed by the appropriate staff responsible for the oversight of the above referenced areas of critical concern. This includes a review by the Community Development Environmental and Engineering staff, and the Transportation Services Division. These reviews help shape the content of the PUD Document and cause development commitments to be formulated to achieve GMP and LDC requirements. This amendment has been approved by the Environmental staff subject to a gopher tortoise relocation/management plan to be submitted at the time of the next development order submittal. Due to the fact that no wetlands exist on site, this petition was not required to go to the Environmental Advisory Council. The Transportation Services Staff has recommended approval. EVALUATION: The purpose of this petition is to amend the Veterans Park Center PUD even though the process is one of rezoning the land from "PUD" to "PUD". The intent of this type of zoning procedure is to achieve a level of administrative convenience by avoiding the requirement to track amendments to the original document in order to understand the totality of the regulations as they apply to this PUD zoning district. Because of this reason, the required findings for standard and PUD rezones do not apply to this petition. Furthermore, in recognition of the fact that when the property was initially rezoned, the decision to approve the subject PUD was based upon a preponderance of evidence and conditions which supported the required findings for PUD rezoning actions. Nevertheless, staff has evaluated the proposed amendment and has the following comments. The evaluation by professional staff should typically include an analysis of the project's relationship to the community's future land use plan. This analysis is made whether or not the proposed amendment would be consistent with the Collier County Growth Management Plan in all of its related elements. Other evaluation considerations should include an assessment of adequacy of transportation infrastructure other infrastructure, and compatibility with adjacent land uses. This consideration usu with as a function of analyzing the relationship of the rezoning action to the k 4 'g-rt~l~ge ttT~fi~- MAY 0 8 2001 plan for all future land uses. The most important facet of the rezoning action is that it constitutes a legislative statement that authorizes the use of land for a specific development strategy, provided the development of the land can go forward. It may not affect the timing of development because of subsequent permitting requirements. Relationship to Existing Land Uses: A discussion of this relationship, as it applies specifically to Collier County's legal basis for land use planning, refers to the relationship of the proposed zoning action to the surrounding properties. The permitted uses within the subject PUD are compatible with the health service uses approved in the adjacent projects in the area. To the south of the subject site is the N. Naples Community Park. The property to the north across the Cocohatchee River is Tract "A" that will be combined into the Veterans Park Commons PUD. In addition, the development standards including the maximum height of structures remains as currently approved. The revised PUD Master Plan provides 1 primary land use tract that is accessed from Veterans Community Park Drive. To ensure compatibility with adjacent land uses, the fire training facilities will remain centrally located on the site as previously approved. With respect to compatibility issues, staff is of the opinion that the subject petition is consistent with the GMP and is also compatible with other approved commercial and medical/health service land uses in the area. Relationship to Future Land Use Element: With respect to the matter of compatibility with the FLUE, this is an evaluation whose primary focus is the relationship of the proposed zoning action to the FLUE. In the case at hand, and based upon the FLUE, we have an expectation that the land will be used consistent with the Urban Mixed-Use District. This district permits nonresidential land uses including community facilities such as fire stations. The proposed PUD Document only eliminates Tract "A" from the project. The existing fire station training center use still remains. Regarding the matter of timing, it should be appreciated that urban commercial development has been approved and constructed in this area while water supplies are also available to this site. Since this petition is only an amendment to the existing PUD Zoning District, the proposed changes will not increase the impacts to the Collier County North Wastewater Treatment Plant. All development must comply with surface water management requirements invoked at the time of SDP review. After considering the availability of community infrastructure and services it is clear that the development of the subject property is timely and consistent with the FLUE to the GMP. Lastly, due to the fact that no wetlands exist on site, this petition was not required to go to the Environmental Advisory Council. STAFF RECOMMENDATION: Staff recommends that the Collier County Planning Commission forward Petition PUD- 97-13 (1) to the Board of County Commissioners with a recommendation for approval subject to the conditions of approval that have been incorporated into the PUD Document. MAY 0 8 2001 PREPARED BY: RAY ~.~LOWS, PRINCIPAL PLANNER NT PLANNING SECTION ~O~A~ W~n~o, A~CP, UA~A~. CURRENT PLANNING SECTION m6~tT J. mn_m,~~Cl', DamCXO~ PLANNING SERVICES DEPARTMENT PROVED BY: /~ J(~l M. DUNNUCK, III, INTERIM ADMINISTRATOR C~B~/IMUNITY DEV. AND ENVIRO~NTAL SVCS. DATE DATE Staff Report for the April 5, 2001, CCPC meeting. COLLIER COUNTY PLANNING COMMISSION: GAR~ WRAdE, C RVWrb/STAFF REPORT/'PUD-96- ! (2) MAY 0 B 2001 PUD AMENDMENT - VETERANS PARK CENTER PUD PETITION NUMBER DATE APPLICATION FOR PUBLIC HEARING FOR PUD AMENDMENT/DO AMENDMENT COMMUNITY DEVELOPMENT DIVISION CURRENT PLANNING Name of Applicant(s) THE CENTRE AT VETERANS PARK, LLC Applicant's Mailing Address 5455 Jaeqer Road City Naples State Florida Zip 34109 Applicant's Telephone Number: Res.: N/A Bus.: Is the applicant the owner of the subject property? X Yes No (a) If applicant is a land trust, so indicate and name beneficiaries below. (b) If applicant is corporation other than a public corporation, so indicate and name officers and major stockholders below. X (c) If applicant is a partnership, limited partnership or other business entity, so indicate and name principals below. (d) If applicant is an owner, indicate exactly as recorded, and list all other owners, if any. (e) If applicant is a lessee, attach copy of lease, and indicate actual owners if not indicated on the lease. (f) If applicant is a contract purchaser, attach copy of contract, and indicate actual owner(s) name and address below. SEE ATTACHED EXHIBIT A and A-1 (If space is inadequate, attach on separate page.) 2. Name of Agent Andrew I. Solis Firm Price, Siket & Solis, LLP Agents Mailing Address 2640 Golden Gate Parkway, Suite 115 City Naples State Florida Zip 34105 Telephone Number: Res.: N/A Bus.: 261-4673 MAY 0 8 2001 3. PUD ORDINANCE NAME AND NUMBER: Veterans Park Center PUD Ord. 97-80 4. DETAILED LEGAL DESCRIPTION OF THE PROPERTY COVERED BY THE APPLICATION (If space is inadequate, attach on separate page. If request involves change to more than one zoning district, include separate legal description for property involved in each district. If property is odd-shaped, submit five (5) copies of survey (1" to 400' scale). THE APPLICANT IS RESPONSIBLE FOR SUPPLYING THE CORRECT LEGAL DESCRIPTION. IF QUESTIONS ARISE CONCERNING THE LEGAL DESCRIPTION, AN ENGINEER'S CERTIFICATION SHALL BE REQUIRED. SECTION 26 TOWNSHIP 48 South RANGE 25 East SEE ATTACHED EXHIBIT B Address or location of subject property Property is located on south side of County Road 846 {Immokalee Road) approximately 258 feet west of Veterans Park Drive. Does property owner own contiguous property to the subject property? If so, give complete legal description of entire contiguous property. (If space is .inadequate, attach on separate page). SEE ATTACHED EXHIBIT C 9e TYPE OF AMENDMENT: X A. PUD Document Language Amendment B. PUD Master Plan Amendment C. Development Order Language Amendment DOES AMENDMENT COMPLY WITH THE COMPREHENSIVE PLAN: X Yes No If no, explain: HAS A PUBLIC HEARING BEEN HELD ON THIS PROPERTY WITHIN THE LAST YEAR? IF SO, IN WHOSE NAME? NO PETITION #: DATE: MAY 0 8 2001 10. HAS ANY PORTION OF THE PUD BEEN X SOLD AND/OR X DEVELOPED? ARE ANY CHANGES PROPOSED FOR THE AREA SOLD AND/OR DEVELOPED? X Yes. No. IF YES, DESCRIBE: (ATTACH ADDITIONAL SHEETS IF NECESSARY). The North Naples Fire Station and Administration Center is located on Tract B. AFFIDAVIT I, George Ryan, Jr., as Trustee of the George Ryan, Jr. Trust, and as Managing Partner of The Centre at Veterans Park, LLC, being first duly sworn, depose and say that The Centre at Veterans Park, LLC is the owner of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, and all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. We understand this application must be completed and accurate before a hearing can be advertised. We further permit the undersigned to act as our representative in any matters regarding this Petition. NOTE: SIGNATURES OF ALL OWNERS ARE MANDATORY. y~E~O f A~-NT State of Florida County of Collier The ~o~egoing Application was acknowledged before me this ~~ day of 0~~ , 2000 by George Ryan, Jr., as Trustee of the George ~yan, Jr. Trust and as Managing Partner of The Centre at Veterans Park, LLC,~o is personally known to m~r who has produced as identification and who did (did not) take an oath. (Signature of N~tary Public) NOTARY PUBLIC Commission # ~_~~/~ My commission Expires: PUD\DO APPLICATION/md/4128 MAY 0 8 2001 MEMBERS OF CENTRE AT VETERANS PARK, LLC B rigid Soldavini James F. Paradis George Ryan, Jr. Trust George Ryan, Sr., as Trustee D. Barry Davis Andrew Briskar Judith Thompson Trust ForSure, LLC William Richardson Michael Richardson Deborah Kuper Pat and Emily Joyce Rebecca Mulzer EXHIBIT MAY 0 8 2001 ~et~: PRICR $IKMT ~T AL 2640 GOLDEN GA?M PKW¥ NAPLES FL 34105 3203 260812? OR: 2652 PG: 2998 R~CORDIID in the OFFICIAL R~CORD~ o[ COLLIER CO~N?Y, FL CONS 03/ZO/ZO00 at 07:35A1( DWIGHT B. BROCK, CL~RK RBC F~ DOC-, 70 ZSO0000.O0 15,00 19600,00 WARRANTY DEED THIS DEED is made on this /(~day of March, 2000, between RD2 PARTNERSHIP, a Florida general partnership, whose post office address is: 13124 Valewood Drive, Naples, FL 34119-8505 (the "Grantor"), and THE CENTRE AT VETERAN'S PARK, LLC, a Florida limited liability company and GEORGE RYAN, Jr., as tenants in common (the "Grantees"), whose post office address is: 5455 Jaeger Road, Naples, FL 34109. The Grantor, in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other good and valuable considerations to said Grantor in hand paid by the Grantees, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained and sold to the said Grantee and Grantees' heirs, successors and assigns forever, the following described property, situated, lying and being in Collier County, Florida, to wit: The East one-half (ElA) of the East one-half (El/2) of the Northwest one-quarter (NW ¼) of the Northwest one-quarter (NW M) North of Horse Creek all in Section 26, Township 48 South, Range 25 East, Collier County, Florida, LESS the East 73 feet and North 100 feet lying north of Horse Creek. AND A parcel of land situated and being in the West one-half (W~A) of the East one-half (EV:) of the Northwest one-quarter (NW lA) of the Northwest one-quarter (NW ~A) of Section 26, Township 48 South, Range 25 East, Collier County, Florida as more particularly described on Exhibit "A" attached hereto and made a part hereof by reference. Tax Folio Numbers: 00167360007 and 00167720207. SUBJECT TO: real estate taxes for the year 2000 and subsequent years; covenants, easements and restrictions of record; and existing zoning and government regulations; provided however the foregoing shall not prevent Grantees' intended use of the Property for medical/business purposes. And said Grantor does hereby fully warrant the title to said land, and will defend the same against the lawful claims of all persons whomsoever. C :\KP, J\RD2Partnership Warranty Deed (Page I of 2) This Instrument Prepared Kenneth R. Johnson. Esq. Goodlcrtc. Coleman & Joh 4001 Tamiami Trail Nortt Naples. FL 34103 0 8 2001 Suite 300 OR: 265'2 PG: 2999 IN WITNESS WHEREOF, the undersigned Grantor has caused this instrument to be duly executed and delivered on the day and year first above written. : Signed, sealed and delivered in the presence of: RD2 PARTNERSHIP, a Florida general partnership // / By: /? ~:~/~/~/ Ra'~ond P. DeAngm]s, General Partner Raymond J. DeAngells, General Partner STATE OF FLORIDA COUNTY OF COLLIER THE FOREGOING INSTRUMENT was acknowledged before me on this /.~day of March, 2000, by Raymond P. DeAngelis and Raymond J. DeAngelis, ( r~' ) who are personally known to me or ( ) who produced their respective driver's license as identification, as the general partners of RD2 PARTNERSHIP, a Florida general partnership, on behalf of the partnership. State of Florida at Large My Commission' Expires: (Notary Seal) C:\KPO\RD2Parmership Warranty Deed (Page 2 of 2) OR: 2652 PG: 3000 EXHIBIT "A" (Legal Description) COMM~-NCI!NG AT ~ NORTHWEST CORNER OF SAID SECTION 26, TOWNSHIP 48 SOUTH, RANGE 25 EAST, THENCI~ NORTH 89 DEGREES 14'12" EAST ALONG- TI-{E NORTH LINE OF SAID SECTION 26'A DISTgaNCE OF 696.09 FleET; THENCI/SOUTH 00 DEGREF~ 45'48" EAST, A DISTANCE (DF 150.00 FEET TO A POINT ON'THE NORTH LINE OF PARCEL DESCRIBED IN O.R. BOOK ] 458, PAGE 1300, PUBLIC RECORDS OF COLLIER COUNTY, FLOR/DA; THENCE CONTINUE ALONG TI-tE NORTH LIN'F, OF SALD DESCRIBED PAKCEL, SOUTH 00 DEGREES 45'48" FAST, A DISTANCE OF 50.00 FEET; TI:::/ENCE NORTH 89 DEGREES 14']2" EAST, A DISTANCE OF 29.62 FEET TO THE POINT OF t~EGINNiNG OF THE PA.R. CEL HEREIN DESCR/BED; THENCE LEAVING TH~NORTI-I LINE OF SAiD PARCEL DESCR.I~ED IN O.tL BOOK 1458, PAGE 1300, SOUTH [5 DEGREES 17'59" EakST, A DISTANCE OF 26.5f FEET; Tt-IENCE SOUTIff 01 DEGP, F~ ID'24" EAST, A DISTANCE OF 68..55 FEET; THENCE SOUTH 18 DEGR~t::S 42'47" EAST, A DISTANCtl OF 51].69 FEET; THENCE SOUTH 34 DEGREES 27'53" EAST, A DISTANCE OF 63.15 FEET; TI-lr:NCE SOUTH 62 DEGIt ]::.WS 43"2 I" EAST, ADISTANCE OF 78.05 FEET; THENCE S OI/I'H 22 DEGREES 33'11" EAST, A DISIANCE OF 7E.94 FEET; THENCE SOUTH 50 DEGREES 09'23" EAST, A DISTANCE OF 35.36 FEINT; THENCE SOUTH 64 DEOREF_~ 45'48' EAST, A DITSTANCE OF 99.66 FEET TO TH2E EAST LINE OF THE WEST ONE-HALF OF TI{E EAST ONE-FiALF OF THE NORTHWEST ONE-QUAY. TEK OF THE NORTHWEST ONE-QUAP. TEK OF SAID SECTION 26; Tt-IF-NCE ALONG TIlE EAST LINE OF THE WEST ONE-HALF OF THE EAST ONE-HALF OF THE NORTH'WEST ONE-QUARTER OF THE NOR. TIP,VEST ONE- QUARTER OF SAID SECT/ON 26, NORTH. 01 DEGREE l]'49" WEST, A DISTANCE OF 42] .72 FEET, THENCE SOUTH g9 DEGREES I4'12" WEST, A DISTANCE OF 18g.85 FEET TO A POINT OFTHE NORTH LINE OF A PARCEL DESCKIBED iN O.K. BOOK 145g, PAGE 1300, PUBLIC RECORDS OF COLLAR COUNTY, FLOR/DA; TI-IENCE CONTINUE ALONG THE NORTH LINE OF SAiD DESCRIBED PARCEL, SOIY]~ 00 DEGREF. S 45'48" EAST, A DISTANCE OF 50.00 £EET,'TI-IENCE SOU'~H 89 DEGREES 14'12" WEST, A D1STANCE OF ~0.38 FEET TO THE POINT OF BEGINNING. /Tp MAY 0 8 2001 EXHIBIT "B" LEGAL DESCRIPTION OF EXISTING VETERANS PARK CENTER PUD TI{ACT/PARCEL "A": A PARCEL OF 1.8;Z ACRES. MORE OR LESS~ A PARCEL OF LAND SITUATED AND BEING IN THE WEST ONE-HALF OF THE EAST ONE-HALF OF THE NORTHWEST ONE-QUARTER OF THE NORTHWEST '.ONE-QUARTER OF SECTION 26. TOWNSHIP 4g SOUTH. RANGE 25 EAST, COLLIER COUNT~:, FLORIDA, AND I~EING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SE~T1ON 26, TO%VNSHIP 48 soUTH. RANGE 25 EAST, THENCE NORTH 89 DEGREES 14' 12" EAST, A[iONG THE NORTH LINE OF SAID SECTION 26, A DISTANCE OF 696.09 FEET: THENCE SOUT]~ 00 DEGREES 45' 48" EAST, A DISTANCE OF I$0.00 FEET TO A POINT ON THE NORTH LINE OF PARCEL DESCRIBED IN OFFICIAL RECORD BOOK 1458, PAGE 1300. PUBLIC RECORDS 0F COLLIER COUNTY, FLORIDA: THENCE CONTINUE ALONG THE NORTH LINE OF SAID DEscRIBED PARCEL. SOUTH 00 DEGREES 45' 4'8"'EAST, A DISTANCE OF 50.00 FEET; THENCE NORTH 89 DEGREES 14' 12" EAST, A DISTANCE'OF 29.62 FEET TO THE POINT OF BEGINNIiqG OF THE PARCEL HEREIN DESCRIBED; THENCE LEAVING THE NORTH LINE OF SAID PARCEL DESCRIBED IN OFFICIAL RECORD BOOK 1458, PAGE 1300, SOUTH 15 DEGREES 17' 59" EAST, A DISTANCE OF 26.55 FEET; THENCE SOUTH 01 DEGREE 10' 24" EAST, A DISTANCE OF DEGREES 42' 47" EAST, A DISTANCE OF 50.69 FEET; THENCE SOI3T~ 34 DEGREES 27' 53" EAST, A DISTANCE OF 63.15 FEET; THENCE SOUTH 62 DEGREES 43' 21:1" EAST, A DISTANCE OF 78.05 FEET: THENCE SOUTH 22 DEGREES 33' i I" EAST, A DISTANCE OF 78.94 FEET; THENCE SOUT' 50 DEGREES 09' 23" EAST, A DISTANCE OF 35.36 FEET; THENCE SOUTH 64 DEGREES 45' 4 EAST, A DISTANCE OF 99.66 FEET TO THE EAST LINE OF THE WEST ONE-HALF OF THE EAST ONE-HALF OF THE NORTHWEST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 26; THENCE ALONG THE EAST LINE OF THE WEST ONE-HALF OF THE EAST ONE- HALF OF THE NORTHWEST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 26, NORTH 01 DEGREE I I' 49" WEST, A DISTANCE OF 421.72 FEET, THENCE SOUTH 89 DEGREES 14' 12" WEST, A DISTANCE OF 188.1~5 FEET TO A POINT ON THE NORTH LINE OF A PARCEL DESCRIBED tN OFFICIAL RECORD BOOK 1458, PAGE 1300, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA: THENCE CONTINUE ALONG !THE NORTH LINE OF 'SAID DESCRIBED PARCEL, SOUTH 00 DEGREES 45' 48" EAST, A DIST~kNCE OF 50.00 FEET,"~I-{ENCE SOUTH 89 DEGREES 14' 12" WEST, A DISTANCE OF 80.38 FEET TO THE POINT OF BEGINNING. SUBJEdT T(~' EASEMENTS, RESTRICTIONS AND RESERVATIONS OF RECORD. BEARINGS ARE BASED ON THE NORTH LINE OF SECTION 26. TOWNSHIP'48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLOR]DA AS BEING: NORTH 89 DEGREES 14' 12" EAST. · TRACT ! PARCEL "B": A PARCEL OF 6,94 ACRES, MORE OR LESS_.' A PARCEL OF LAND SITUATED AND BEING IN THE WEST ONE-HALF OF THE EAST ONE-HALF OF THE NORTHWEST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER OF SECTION 26, TOWNSHIP 48 SOUTH, RANGE 25 EAST. COLLIER COLrNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 26. TOXArNSHIP 48 SOUT' RANGE 25 EAST, THENCE NORTH 1~9 DEGREES ~4' 12" EAST. ALONG THE N~ SECTION 26, A DISTANCE OF 696.09 FEET; THENCE SOUTH 00 DEGRE1 DISTANCE OF 150.00 FEET TO A POINT ON THE NORTH LINE OF A PARI 1-3 EL DE~KIBISD HAY 0 8 2001 ",. If' - OFFICIAL RECORD BOOK 1451L PAGE 1300, PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA, AND THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED: THENCE CONTINUE ALONG THE NORTH LINE OF SAID DESCRIBED PARCEL, SOUTH 00 DEGREES '-i$' 48~ EAST, A DISTANCE OF 50.00 FEET; THENCE NORTH 119 DEGREES 14' 12" EAST. A DISTANCE OF 29.62 FEET; THENCE LEAVING THE NORTH LINE OF SAID PARCEL DESCRIBED IN OFFICIAL P,~ECOI~D BOOK 1458, PAGE 1300, SOUTH 15 DEGREES 17' 59" EAST, A DISTANCE OF 26.$$ FEET; THENCE SOUTH 01 DEGREES 10' 24" EAST, A DISTANCE OF 68.$$ FEET: THENCE SOUTH I I~ DEGREES 42' 47N EAST, A DISTANCE OF 50.69 FEET: THENCE SOUTH 34 DEGREES 27' 53" EAST, A DISTANCE OF tS3.15 FEET: THENCE SOUTH 62 DEGREES 43' 21" EAST. A DISTANCE OF '/8.05 FEET: THENCE' SOUTH 22 DEGREES 3B' I I" EAST, A DISTANCE OF '/8.94 FEET: THENCE SOUTH $0 DEGREES 09' 23" EAST, A DISTANCE OF 35.36 FEET: THENCE SOUTH 64 DEGREES 45' 41¥' EAST, A DISTANCE OF 99.66 FEET TO THE EAST LINE OF THE WEST ONE-HALF OF THE EAST ONE-HALF OF T~E NORTHWEST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 26: THENCE ALONG THE EAST LINE OF THE WEST ONE-HALF OF THE EAST ONE-HALF OF THE NORTHWEST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 26. SOUTH 01 'DEGREES I I' 49" EAST, A DISTANCE OF '/45.98 FEET TO THE SOUTH LINE OF THE WEST ONE-HA, LF OF THE EAST ONE-HALF OF THE NORTHWEST ONE-QUARTER OF THE · NORTHWEST ONE-QUARTER OF SAID SECTION 26; THENCE ALONG THE SOUTH LINE OF THE WEST ONE-H~LF OF THE EAST ONE-HALF OF THE NORTHWEST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 26, SOUTH 89 DEGREES 23' 52" WEST. A DISTANCE OF 3~ 1,82 FEET TO THE WEST LINE OF THE WEST ONE-HALF OF THE EASTONE- HALF OF THE NORTHWEST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 26: THENCE ALONG THE WEST LINE OF THE WEST ONE-HALF OF THE EAST ONE- HALF OF THE NORTHWEST ONE-QUARTER OF THE NORTHWESl~ ONE-QUARTER OF SAID SECTION 26, NORTH 01 DEGP~ES 10' 24" WEST, A DISTANCE OF 1166.76 FEET; THENCE NORTH 89 DEGREES '!4' 12" EAST, A DISTANCE OF 32.47 FEET TO THE POINT OF BEGINNING. .. SUBJECT TO EASEMENTS, RESTRICTIONS AND RESERVATIONS OF RECORD. BEARINGS ARE BASED ON THE NORTH LINE OF SECTION 26, TOWNSHIP 41~ SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA AS BEING: NORTH 89 DEGREES 14' 12~ EAST. MAY 0 8 2001 EXItlBIT "C" The petitioners also own the Veterans Park Medical PUD, that is legally described The East One Half (E %) of the East One Half (E ½) of the Northwest One Quarter (NW 1/4) o£the Northwest One Quarter (NW 1/4), North of Horse Creek, All in Section 26, Township 48 South, Range 25 East less the East 73 Feet and North 100 Feet Lying North of Horse Creek. HAT 0 8 2001 ORDINANCE NO. 01- AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED 8526N AND BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS THE VETERANS PARK CENTER PUD, FOR PROPERTY LOCATED ON THE SOUTH SIDE OF IMMOKALEE ROAD (C.R. 846), APPROXIMATELY 258 FT. WEST OF VETERANS PARK DRIVE, IN SECTION 26, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 97-80, AS AMENDED, THE FORMER VETERANS PARK CENTER PUD; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Bill Hoover, AICP, of Hoover Planning & Development, Inc., and Andrew I. olis of Price, Siket & Solis, LLP, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE_ : The Zoning Classification of the herein described real property located in Section 26, Township 48 South, Range 25 East, Collier County, Florida, is changed fi:om "PUD" to "PUD" Planned Unit Development in accordance with the PUD Document, attached hereto as Exhibit "A', which is incorporated herein and by reference made part hereof. The Official Zoning Atlas Map numbered 8526N, as described in Ordinance Number 91-102, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: Ordinance Number 97-80, as amended, known as the Veterans Park Center PUD, adopted on December 9, 1997, by the Board of County Commissioners of Collier County, is hereby repealed in its entirety. SECTION THREE: (,,--~ .~ This Ordinance shall become effective upon filing with the Department of State. -:1.- - /?? MAY 0 8 2001 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this .... day of ,2001. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Approved as to Form and Legal Sufficiency Marjori~ M. Student Assistant County Attorney g/admin/PUD-97-13( 1 )/RB/im BY: JAMES D. CARTER, PhD., CHAIRMAN -2- MA'( 0 8 200f VETERANS PARK CENTER PUD A PLANNED UNIT DEVELOPMENT PREPARED FOR: FIRE CHIEF JAMES TOBIN NORTH NAPLES FIRE & RESCUE DISTRICT 1780 IMMOKALEE ROAD NAPLES, FLORIDA 34110 PREPARED BY: WILLIAM L. HOOVER, AICP HOOVER PLANNING & DEV., INC. 3785 AIRPORT ROAD N., SUITE B NAPLES, FLORIDA 34105 AND ANDREW I. SOLIS PRICE, SIKET & SOLIS, LLP 2640 GOLDEN GATE PKWY., SUITE 115 NAPLES, FLORIDA 34105 DATE FILED DATE REVISED DATE REVIEWED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER Exhibit "A" November 6, 2000 December 7, 2000 AC, END~ ITEM 2001 TABLE OF CONTENTS TABLE OF CONTENTS LIST OF EXHIBITS STATEMENT OF COMPLIANCE SECTION I SECTION II SECTION III SECTION IV PROPERTY OWNERSHIP AND DESCRIPTION PROJECT DEVELOPMENT REQUIREMENTS PUBLIC SERVICE AREAS PLAN DEVELOPMENT COMMITMENTS PAGE 1 2 3 4 6 8 12 NAY 0 8 2001 EXHIBIT "A" EXHIBIT "B" EXHIBIT "C" LIST OF EXHIBITS PUD MASTER PLAN LEGAL DESCRIPTION PUD MASTER SITE PLAN 2 MAY 0 8 2001 STATEMENT OF COMPLIANCE The development of approximately 6.94 acres of property in Collier County, as a Planned Unit Development to be known as the Veterans Park Center PUD will be in compliance with the planning goals and objectives of Collier County as set forth in the Collier County Growth Management Plan. The public service facilities of the Veterans Park Center PUD will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives for the following reasons: 1. The subject property is within the Urban Residential - Mixed Use Designation as identified on the Future Land Use Map, which permits public service land uses at this location. 2. The subject property's location in relation to existing or proposed community facilities and services permits the development's intensity of land uses as required in Objective 2 of the Future Land Use Element. 3. The project development is compatible and complementary to existing and future surrounding land uses as required in Policy 5.4 of the Future Land Use Element. 4. The project shall be in compliance with all applicable County regulations including the Growth Management Plan. 5. All final local development orders for this project are subject to Division 3.15, Adequate Public Facilities, of the Collier County Land Development Code as set forth in Policy 3.1 of the Future Land Use Element. 3 MAY O 8 2001 SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1.1 1.2 1.3 1.4 1.5 PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of Veterans Park Center PUD. LEGAL DESCRIPTION. The subject property totals 6.94 acres and is located within Section 26, Township 48 South, Range 25 East, Collier County, Florida. A complete legal description is provided within Exhibit "D". PROPERTY OWNERSHIP The subject property is owned by: The North Naples Fire & Rescue District, 1780 Immokalee Road, Naples, Florida 3411O. GENERAL DESCRIPTION OF PROPERTY AREA. A. The subject property is located 700 feet southwest of the intersection between Immokalee Road and Veterans Park Drive (unincorporated Collier County), Florida. B. The subject property is currently zoned PUD for commercial and public facility land uses and has been partially developed for a North Naples Fire Station on 6.94-acre Tract "B". The remaining land within the existing PUD is 1.82 acres (described as Tract "A"). Those 1.82 acres are proposed to be removed from the subject PUD and incorporated into an abutting PUD to the north entitled the Veterans Park Commons PUD. PHYSICAL DESCRIPTION The site's only significant natural feature is Horse Creek, whose approximate centerline defines the parcel's northern property boundary. The site is generally vegetated. The site likely includes wetlands along Horse Creek, which may have been partially created/maintained by the Big Cypress Basin Structure, that is located near the intersection between Horse Creek and the southern rights-of- way for Immokalee Road. The subject property supports a variety of trees and understory vegetation including palmetto, oaks, and pine. 4 1.6 The site has the following designation relative to flooding - FEMA FIRM Flood Zone AE (Special flood hazard areas inundated by 100 year flood, base elevation of 11 NGVD). PROJECT DESCRIPTION The Veterans Park Center PUD is intended for public facilities and has been developed for a North Naples Fire Station. The Master Plan is iljustrated graphically on Exhibit "A", PUD Master Plan. A Land Use Summary indicating approximate land use acreage is shown on the plan. 1.7 SHORT TITLE This Ordinance shall be known and cited as the "Veterans Park Center Planned Unit Development Ordinance". 5 HAY 0 8 2001 SECTION II PROJECT DEVELOPMENT REQUIREMENTS 2.1 2.2 PURPOSE The purpose of this Section is to delineate and generally describe the project plan of development, relationships, to applicable County ordinances, the respective land uses of the tracts included in the project, as well as other project relationships. GENERAL A. Regulations for development of the Veterans Park Center PUD shall be in accordance with the contents of this document, PUD-Planned Unit Development District, applicable sections and parts of the Collier County Land Development Code and Collier County Growth Management Plan in effect at the time of local final development order or building permit application. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the Collier County Land Development Code shall apply. B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Collier County Land Development Code in effect at the date of adoption of this PUD. C. All conditions imposed and graphic material presented depicting restrictions for the development of the Veterans Park Center PUD shall become part of the regulations, which govern the manner in which the PUD site may be developed. D. Unless specifically waived through any variance or waiver provisions from any other applicable regulations, the provisions of those regulations not otherwise provided for in this PUD remain in full force and effect. E. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Division 3.15, Adequate Public Facilities of the Collier County Land Development Code at the earliest, or next, to occur of either final site development plan approval, final plat approval, or building permit issuance applicable to this development. 6 MAY 0 8 2001 2.3 2.4 2.5 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES The project Master Plan is iljustrated graphically by Exhibit "A", PUD Master Plan. Minor modifications to Exhibit "A", may be permitted at the time of Site Development Plan approval, subject to the provisions of Section 2.7.3.5 of the Collier County Land Development Code or as otherwise permitted by this PUD Document. Co In addition to the various areas and specific items shown in Exhibit "A", easements such as (utility, private, semi-public, etc.) shall be established and/or vacated within or along the property, as may be necessary. RELATED PROJECT PLAN APPROVAL REQUIREMENTS Ao Exhibit "A", PUD Master Plan, constitutes the required PUD Development Plan. Except as otherwise provided within this PUD Document, any division of the property and the development of the land shall be in compliance with the Subdivision Regulations and the platting laws of the State of Florida. Bo The provisions of Division 3.3, Site Development Plans of the Land Development Code, when applicable, shall apply to the development of all platted tracts, or parcels of land as provided in said Division 3.3 prior to the issuance of a building permit or other development order. C. Appropriate instruments will be provided at the time of infrastructural improvements regarding any dedications and the methodology for providing perpetual maintenance of common facilities. AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Amendments may be made to the PUD as provided in Section 2.7.3.5 of the Land Development Code. 7 i A¥ 0 8 200f 3.1 3.2 3.3 3.4 SECTION III PUBLIC SERVICE AREAS PLAN PURPOSE.. The purpose of this Section is to identify specific development standards for the Commercial Areas as shown on Exhibit "A", PUD Master Plan. GENERAL DESCRIPTION The project is intended to be developed for public facilities. PERMITTED USES No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Permitted Principal Uses and Structures; 1. Fire station facility, including an administrative center and 4-story training tower. 2. Any other public use or service, which is comparable in nature with the foregoing uses. Accessory Uses; 1. Uses and structures that are accessory and Permitted Uses within this PUD Document. 2. Essential services and facilities. Conditional Use.s:. incidental to the Other public facilities and institutional uses not listed as Permitted Uses within this PUD Document. DEVELOPMENT STANDARDS A. Minimum Lot Area~'. Twenty thousand (20,000) square feet. B. Minimum Lot Width: 8 NAY 0 8 2001 Do Eo One hundred (100) feet. Minimum Yards: (1) Principal structures: (a) Front Yard - Fifty (50). (b) Side Yard - Fifty (50) feet. (c) Rear Yard - Fifty (50) feet. (2) Accessory Structures: Setbacks shall be as required by Division 2.6.2 of the Land Development Code in effect at time of building permit application, except accessory structures exceeding a height of thirty-five (35) feet shall have minimum setbacks of seventy-five (75) feet from all PUD boundaries. Minimum Distance Between Principal Structures: None or a minimum of ten (10) feet with unobstructed passage from the front to rear yards. Minimum Floor Area: One thousand (1000) square feet for the principal structure on the first habitable floor. Maximum Hei.qht: Thirty-five (35) feet for principal structures and fifty (50) feet for accessory structures. Common Architectural Theme: ~.. Structures shall have a common architectural theme, inclusive of common use of materials and colors, as established by the development of the first structure. 9 AGENDA rl~ MAY 0 8 2001 SECTION n/ DEVELOPMENT COMMITMENTS 4.1 4.2 4.3 4.4 PURPOSE The purpose of this Section is to set forth the regulations for the development of this project. GENERAl- All facilities shall be constructed in strict accordance with Final Site Development Plans, Final Subdivision Plans and all applicable State and local laws, codes, and regulations applicable to this PUD. Except where specifically noted or stated otherwise, the standards and specifications of the official County Land Development Code shall apply to this project even if the land within the PUD is not to be platted. The developer, his successor and assigns shall be responsible for the commitments outlined in this document. The developer, his successor or assignee shall follow the PUD Master Plan and the regulations of this PUD as adopted and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successor or assignee in title shall be subject to any commitments within this agreement. PUD MASTER PLANi A. Exhibit "A", PUD Master Plan iljustrates the proposed development and is conceptual in nature. Proposed area, lot or land use boundaries, or special land use boundaries shall not be construed to be final and may be varied at any subsequent approval phase such .as Final Platting or Site Development Plan approval. Subject to the provisions of Section 2.7.3.5 of the Collier County Land Development Code, amendments may be made from time to time. B. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities and all common areas in the project. SCHEDULE OF DEVELOPMENT/MONITORING REPORT 10 MAY 0 8 2001 4.5 A site development plan shall be submitted per County regulations in effect at time of site plan submittal. The project is intended to be completed in one or two phases. A. The landowners shall proceed and be governed according to the time limits pursuant to Section 2.7.3.4 of the Land Development Code. B. _Monitorinc~ Report,; An annual monitoring report shall be submitted pursuant to Section 2.7.3.6 of the Collier County Land Development Code. PLANNING Pursuant to Section 2.2.25.8.1 of the Land Development Code, if during the course of site clearing, excavation or other construction activity an historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. 4.6 TRANSPORTATION A. The project shall not have direct access onto Immokalee Road. Access points shall be limited to Veterans Park Drive or cross-accesses through adjoining parcels. B. Arterial level street lighting shall be provided where the Project's access intersects with Veterans Park Drive, when required by Collier County Transportation Division staff. C. Arterial level lighting shall be provided at all PUD access points from or to public rights-of-way, when required by Collier County Transportation Division staff. D. The end-user of this PUD shall be responsible for the cost of design, purchase and installation of a traffic signal at the intersection of Veterans Park Drive and Immokalee Road. This improvement shall be made concurrently with the development of the public facility and its funding shall be provided to Collier County prior to Final Site Development Plan approval. Collier County shall maintain and operate this traffic signal. The proposed traffic signal shall benefit Veterans Community Park and the public service facilities. 11 MAY 0 8 2001 4.7 4.8 4.9 In partial consideration for the above commitment, Collier County shall provide a nonexclusive fifty (50)-foot ingress/egress, landscaping and maintenance easement along the north property line of Veterans Community Park adjacent to and from their common property line to Veterans Park Drive. This driveway shall serve as the access to the proposed public service facility. The improvements shall include a traffic control system at the intersection of the access easement and Veterans Park Drive. The end-user of the public service facility shall be responsible for the development and maintenance of all improvements within this easement and such improvements shall be subject to the approval of the Collier County Parks and Recreation Department. Additionally, the North Naples Fire Control and Rescue District shall develop, concurrently with the development of the public service facility, an appropriate sidewalk/bike lane parallel and east of Veterans Park Drive. The sidewalk/bike lane will commence at Immokalee Road and terminate at the Veterans Community Park's gated entrance. LANDSCAPE BUFFERS AND LANDSCAPING FOR OFF-STREET PARKING A. In order to facilitate the retention of existing vegetation/trees, rows of parking may contain more than ten (10) parking spaces uninterrupted by a landscaped island provided that an average of ten (10) parking spaces are maintained within the overall development. B. Sidewalks, pedestrian walks and bike paths may be placed within required buffers.' However, the width of the required buffer shall be increased by the width of the paved surface of the sidewalk, pedestrian walk or bike path. C. The developer shall seek to retain trees, which are not in conflict with the proposed land uses and their associated regulatory requirements. SIGNS_ Monumental signs/community identification signage may be developed at all project entrances, in addition to the signs permitted within Division 2.5 of the Land Development Code. WATER MANAGEMENT.. 12 MAY 0 8 2001 4.10 The developer shall remove all exotics, debris, trash, and other significant impediments to the flow of waters for the total width and length of Horse Creek with the project boundary. ENVIRONMENTAL ^. This project shall comply with the environmental sections of the Collier County Land Development Code and the Conservation and Coastal Management Element of the Comprehensive Plan at the time of final development order approval. B. An exotic vegetation removal and maintenance plan shall be provided at the time of site development plan or plat/plans submittal, in accordance with Section 3.9.6.6.5 of the Collier County Land Development Code, as amended. C. The petitioner shall retain fifteen (15) percent of the existing native vegetation on-site or mitigate, according to Section 3.9.5.5.4 of the Collier County Land Development Code. D. A Gopher Tortoise relocation/management plan shall be submitted, at the time of the next development order submittal, in accordance with Section 3.11 of the Collier County Land Development Code, as amended. E. The project's environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules and applications and shall also be subject to review and approval by Collier County Current Planning Section Staff. F. Buffers shall be provided around wetlands, extending at least fifteen (15) feet landward from the edge of wetland preserves in all places and averaging twenty-five (25) feet from the landward edge of the wetland preserves. Where natural buffers are not possible, structural buffers shall be provided in accordance with the State of Florida Environmental Resource Permit Rules and be subject to review and approval by Collier County Current Planning Section Staff. G. The petitioner is encouraged to accommodate the maximum amount of xeric oak habitat, which is compatible with the proposed development. Specifically, consideration should be made to adjust the location of the lake and infrastructure shown on the Master Site Plan, Exhibit "C" to this PUD Document. The adjustment can minimize the impacts to the active 13 HAY 0 8 2001 4.11 4.12 Gopher Tortoise burrows, which appear to share habitat with the property located east of the subject parcel. POLLING PLACES Pursuant to Section 2.6.30 of the Land Development Code, provision shall be made for' the future use of building space within common areas (if provided) for the purposes of accommodating the function of an electoral polling place. An agreement providing for such a use as a polling place shall be recorded in the official records of the Clerk of the Circuit Court of Collier County, which shall be binding upon any and all successors in interest that acquire ownership of such common areas including, but not limited to: condominium associations, homeowners' associations, or tenant associations. This agreement shall provide for said community recreation, public building, public room, or similar common facility to be used for a polling place, if determined to be necessary by the Supervisor of Elections. NOISE A. CONTROL The training facility shall not utilize fire or smoke outside any structures. Training outside the structures, on the grounds of the facility, shall be limited to the hours between 8:30 A.M. and 4:30 P.M. and shall be conducted in compliance with the Collier County Noise Ordinance requirements, Ordinance No. 93-77, as amended. The fire station shall have no outdoor sirens. The Fire District shall install automated traffic signals at the intersections of the fire station driveway and Veterans Park Drive and at Veterans Park Drive and Immokalee Road, subject to Collier County Transportation Division review and approval. The signals will allow remote activation by emergency vehicles, allowing movements to be made in a safe and quiet manner. Sirens and horns shall not be utilized unless determined by the vehicle operator as necessary. Sirens and horns shall not be utilized on Immokalee Road until the emergency vehicle has passed the assisted living and nursing home facilities located at the southeast comer of Veterans Park Drive and Immokalee Road. Any future EMS or other vehicles, which may utilize this public facility shall abide by the standards within this Subsection. 14 ITEM 1,4AY 0 8 2001 PROPOSED PUD MASTER PLAN ! ,I I I ,, ..! I ,_,.....'. J E.XHlelT "A" MAY 0 fl 2001 EXHIBIT "B" A PARCEL OF LAND SITUATED AND BEING IN THE WEST ONE-HALF OF THE EAST ONE-HALF OF THE NORTHWEST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER OF SECTION 26. TOWNSHIP 48 SOUTH. RANGE 25 EAST. COLLIER COUNTY. FLORIDA. AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 26. TOWNSHIP 48 SOUTH. RANGE 25 EAST. THENCE NORTH 89 DEGREES 14' 12" EAST. ALONG THE NORTH LINE OF SAID SECTION 26. A DISTANCE OF 696.09 FEET: THENCE SOUTH 00 DEGREES 45' 48" EAST. A DISTANCE OF 150.00 FEET TO A POINT ON THE NORTH LINE OF A PARCEL DESGR1BED IN OFFICIAL RECORD BOOK 1458. PAGE 1300. PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA. AND THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED: THENCE CONTINUE AI'-ONG THE NORTH LINE OF SAID DESCRIBED PARCEL, SOUTH 00 DEGREES 45' 48" EAST. A DISTANCE OF $0.00 FEET; THENCE NORTH 89 DEGREES 14' 12" EAST. A DISTANCE OF 29.62 FEET; THENCE LEAVING THE NORTH LINE OF SAID PARCEL DESCRIBED IN OFFICIAL RECORD BOOK 1458, PAGE 1300, SOUTH 15 DEGREES 17' 59" EAST. A DISTANCE OF 2635 FEET: THENCE SOUTH 01 DEGREES 10' 24" EAST. A DISTANCE OF 68.55 FEET: THENCE SOUTH 18 DEGREES 42' 47" EAST. A DISTANCE OF $0.69 FEET: THENCE SOUTH 34 DEGREES 27' $3" EAST. A DISTANCE OF 63. i5 FEET: THENCE SOUTH 62 DEGREES 43' 21" EAST. A DISTANCE OF 78.05 FEET: THENCE SOUTH 22 DEGREES 33' I I" EAST, A DISTANCE OF 78.94 FEET: THENCE SOUTH 50 DEGREES 09' 23" EAST. A DISTANCE OF 35.36 FEET: THENCE SOUTH 64 DEGREES 45' 41~" EAST. A DISTANCE OF 99.66 FEET TO THE EAST LINE OF THE WEST ONE-HALF OF THE EAST ONE-HALF OF THE NORTHWEST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 26: THENCE ALONG THE EAST LINE OF THE WEST ONE-HALF OF THE EAST ONE-HALF OF THE NORTHWEST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 26. SOUTH 01 ~DEGREES I I' 49" EAST, A DISTANCE OF 745.98 FEET TO THE SOUTH LINE OF THE WEST ONE-HALF OF THE EAST ONE-HALF OF THE NORTHWEST ONE.QUARTER OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 26; THENCE ALONG THE SOUTH LINE OF THE WEST ONE-HRLF OF THE EAST ONE-HALF OF THE NORTHWEST ONE-QUARTER OF THE NORTHWEST ONE.QUARTER OF SAID SECTION 26, SOUTH 89 DEGREES 23' 52" WEST. A DISTANCE OF 33 !.82 FEET TO THE WEST LINE OF THE WEST ONE-HALF OF THE EAST ONE- HALF OF THE NORTHWEST ONE-QUARTER OF THE NORTHWEST ONE-OUARTER OF SAID SECTION 26: THENCE ALONG THE WEST LINE OF THE WEST ONE-HALF OF THE EAST ONE- HALF OF THE NORTHWEST ONE-QUARTER OF THE NORTHWES'I~ ONE.QUARTER OF SAID SECTION 26, NORTH 01 DEGREES 10' 24" WEST. A DISTANCE OF 1166.76 FEET; THENCE NORTH 89 DEGREES 14' [2" EAST, A DISTANCE OF 32.47 FEET TO THE POINT OF BEGINNING. SUBJECT TO EASEMENTS. RESTRICTIONS AND RESERVATIONS OF RECORD. BEARINGS ARE BASED ON THE NORTH LINE OF SECTION 26. TOWNSHIP 48 SOUTH. RANGE 25 EAST. COLLIER COUNTY, FLORIDA AS BEING: NORTH 89 DEGREES 14' 12" EAST. MAY 0 8 2001 l i EXHIBIT "C " ..Er ill I ; I: EXECUTIVE SUMMARY PETITION PUD-96-1 (2), MR. WILLIAM HOOVER AND ANDREW I. SOLIS, REPRESENTING THE CENTRE AT VETERANS PARK, LLC, REQUESTING AN AMENDMENT TO THE VETERANS PARK MEDICAL PUD HAVING THE EFFECT OF CHANGING THE PUD NAME TO VETERANS PARK COMMONS PUD, INCREASING THE PROJECT ACREAGE TO 5.02 ACRES, AND ELIMINATING THE LIMITS ON THE AMOUNT OF GENERAL OFFICE USES FOR PROPERTY LOCATED ON THE SOUTHWEST CORNER OF IMMOKALEE ROAD (C.R. 846) AND VETERANS COMMUNITY PARK DRIVE IN SECTION 26, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. COMPANION ITEM: PUD-97-13 (1) OBJECTIVE: To have the Board of County Commissioners consider an application to rezone the subject site from PUD to PUD for the purpose of amending the Veterans Park Medical Planned Unit Development (PUD), Ordinance Number 96-33 as noted above. CONSIDERATIONS: The currently approved Veterans Park Medical PUD allows for support medical facilities such as physicians' offices, medical clinics and pharmacies as permitted in the Future Land Use Element (FLUE) of the Growth Management Plan. The PUD document also allows commercial uses found in the C-UT zoning district and includes professional office, medical uses, business offices and institutional uses consistent with the Commercial Under Criteria (CUC) provisions that previously contained the FLUE. Due to changing market conditions, the petitioner is requesting to add Tract "A" (1.82-acres) from the adjacent Veterans Park Center PUD to allow low intensity commercial uses. As a result, there is a companion petition to amend the Veterans Park Center PUD (PUD-97-13) to eliminate Tract "A", which reduces the acreage of the PUD by 1.82-acres. Today, the CUC provision no longer exists in the FLUE and has been replaced by the Office and In-fill Commercial Sub-district that provides for low intensity office commercial or in-fill commercial development. The petitioner has requested the following additional uses. Automobile Parking (SIC Group 7521); Business Services (Groups 7311, 7313, 7322-7331, 7338, 7361, 7371, 7342-7376, 7379); Child Care (Group 8351); Engineering, Accounting and Related Services (Groups 0781, 8711-8721, 8741-8743, 8748); Insurance Carriers (Groups 6311-6399); Legal Services (Group 8111); Museums (Group 8412), Personal Services (Groups 6141-6143); Physical Fitness Facilities (Group 7991); Real Estate (Groups 6531-6541) and other similar type uses. MAY 0 8 2001 The subject site is located within the Urban Mixed-Use area as designated on the Future Land Use Element (FLUE) of the Growth Management (GMP). This designation allows for residential and certain non-residential uses including community facilities and commercial uses. The Office and In-fill Commercial Sub-district is intended to allow low intensity office commercial or in-fill commercial development on small parcels within the Urban Mixed-Use District. These parcels must be located along arterial and collector designated roadways where residential development, as allowed by the Density Rating System, may not be compatible or appropriate. As noted in the Staff Report, the Office and In-fill Commercial (OIC) criteria is deemed to be met and is consistent if the BCC makes the following interpretations. The depth of the proposed site does not exceed the depth of the abutting commercial parcels. The depth of the subject site is irregular, as the southerly boundary follows a creek; it varies from 300' on the west to 650' on the east, closest to Surrey Place PUD. Surrey Place PUD is more rectangular in shape but also has some irregularity in depth; it varies from 400' on the west, closest to the subject site, to 550' closer to the middle of the PUD, to 600' on the east side. If the average depth of each parcel is considered, then this criterion could be met. The project uses are limited to office or low intensity commercial, except for land abutting commercial zoning on both sides; the project uses may include those uses of the highest intensity abutting commercial zoning district. The abutting property to the west (Tract B of Veterans Park Center PUD) is zoned for public facilities and institutional uses. It should be noted that these uses are allowed by the FLUE anywhere in the Urban designated area and are not considered commercial uses. The property to the east (Tract A of Surrey Place PUD) permits three uses - nursing home, ACLF, and child-care center uses allowed by the FLUE anywhere in the Urban designated area and not considered commercial uses in the FLUE. However, past BCC action deemed the Surrey Place PUD to be commercial. Therefore, based solely upon the previous BCC action, the subject site can be deemed to abut commercial zoning on one side. As a result, the site is "limited to office or low intensity commercial" as opposed to being eligible to "include those [uses] of the highest intensity abutting commercial zoning district." The PUD provides for C-1 zoning district uses (e.g., professional and business offices, banks, child-care center) plus two uses from the C-2 district, both of which are medically related - drug store and home health care services. Considering past BCC action, this criterion is met. The traffic impact review indicates that there is no significant difference in the site-generated trips from the currently approved PUD versus the proposed amendment. As a result, the proposed change will not exceed the significance test on Immokalee Road (CR-846) within the project's radius of development influence (RDI). In addition, CR-846 is currently a 4-lane arterial road fronting the project. The current traffic count for this segment is 33,417 AADT, which results in LOS "D" operation. It should be noted that this segment is currently being designed to be improved to 6-lanes. The Transportation Services Staff has recommended approval subject to the elimination of the northern driveway connection to Veterans Community Park Drive while the southern driveway must be moved approximately 70 feet to the north. NAY 0 B 2001 FISCAL IMPACT: This PUD by and of itself will have no fiscal impact on the County. However, if this request meets its objective, a portion of the existing land will be further developed. The mere fact that new development has been approved will result in future fiscal impact on County public facilities. The County collects impact fees prior to the issuance of building permits to help offset the impacts of each new development on public facilities. These impact fees are used to fund projects in the Capital Improvement Element needed to maintain adopted levels of service for public facilities. In the event that impact fee collections are inadequate to maintain adopted levels of service, the County must provide supplemental funds from other revenue sources in order to build needed facilities. The following impact fees will be applicable to this project: Park Impact Fee: · Libraries Impact Fee: · Fire Impact Fee: · Road Impact Fee: · Correctional Facility: · Radon Impact Fee: · B.C.A.I. Impact Fee: EMS Impact Fee: $578.00 $180.52 $0.15 per square foot under roof $1,755.00 per 1,000 square feet $1.0920 per square foot $0.005 per square foot under roof $0.005 per square foot under roof $132.00 per 1,000 square feet The total amount of impact fees for the commercial/medical area is $204,793. It should be noted that because impact fees vary by housing type and type of commercial development, and because this approval does not provide this level of specificity as to the actual size and type of use, the total impact fees quoted above is at best raw estimates. Additionally, there is no guarantee that the project at build- out will have maximized their authorized level of development. Other fees will include building permit review fees and utility fees associated with connecting to the County's sewer and water system when required. Building permit fees and utility fees have traditionally offset the cost of administering the community development review process, whereas utility fees are used on their proportionate share of impact to the County system. Finally additional revenue is generated by application of ad valorum tax rates. The revenue that will be generated depends on the value of the improvements. At this point in time staff has not developed a method to arrive at a reasonable estimate of tax revenue based on ad valorum tax rates. Nevertheless, it should be appreciated that not withstanding the fiscal impact relationship, development takes place in an environment of concurrency management. When level of service requirements fall below adopted standards, a mechanism is in place to bring about a cessation of building activities. Certain LOS standards apply countywide and would therefore bring about a countywide concurrency determination versus roads that may have local geographic concurrency implications. 2001 GROWTH MANAGEMENT IMPACT: The subject site is located within the Urban Mixed-Use area as designated on the Future Land Use Element (FLUE) of the Growth Management (GMP). This designation allows for residential and certain non-residential uses including community facilities and commercial uses. The Office and In-fill Commercial Sub-district is intended to allow low intensity office commercial or in-fill commercial development on small parcels within the Urban Mixed-Use District. Based on staffs review, the proposed additional commercial uses may be deemed consistent with the Growth Management Plan. It should be noted that this PUD amendment petition does nothing to impact any consistency relationship with the GMP if the BCC finds that the project is consistent with the Office and In-fill Commercial Sub-district Criteria. Petitions deemed to be consistent with all provisions of the GMP can't have an adverse impact. This petition was reviewed for consistency and was found to be consistent with all the applicable provisions of the GMP. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Division 3.1 and 3.15 of the Collier County Land Development Code. ENVIRONMENTAL ISSUES: This amendment has been approved by the Environmental staff subject to a gopher tortoise relocation/management plan to be submitted at the time of the next development order submittal. Due to the fact that no wetlands exist on site, no Environmental Impact Statement (EIS) is required. ENVIRONMENTAL ADVISORY COUNCIL RECOMMENDATION: The Planning Services Department Environmental and Engineering staffs have reviewed the petitioner's proposed amendment and have recommended approval. Since no EIS is required, this petition was not required to go before the Environmental Advisory Council (EAC). PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission (CCPC) heard this petition on April 5, 2001. They voted (6 to 0) to forward this petition to the Board of County Commissioners (BCC) with a recommendation of approval subject to staff stipulations contained in the PUD document. Since staff has not received any objections to this petition, this item has been placed on the Summary Agenda. PLANNING SERVICES STAFF RECOMMENDATION: Planning Services Staff has referred this petition to all appropriate County Agencies for their review and recommendation. Based upon their analysis, staff recommends approval of Petition PUD-96-1 (2) subject to the conditions of approval as described the PUD document and attached to the Ordinance of Adoption and Exhibits made a part of this executive summary. MAY 0 8 2001 PREPARED BY: RAY(.~ELL6wS, PRINCIPAL PLANNER CURRENT PLANNING SECTION DATE REVIEWED BY: /~USAN MURRAY, AICP, ACTING M~AGER CURRENT PLANNING SECTION THOMAS E. KUCK, P.E., ACTING DIRECTOR PLANNING SERVJ..C,ES DEPARTMENT ~NO~,~AN~"~]~D~,-A~ICP/fl~MI~TRATOR TRANSPORTATION Di~ISION v ~- as-o/ DATE DATE DATE A~ROVED BY: f? JOI--~ M. DUNNUCK, III, INTERIM ADMINISTRATOR COIMMUNITY DEV. AND ENVIRONMENTAL SVCS. PUD-96-1 (2)FEX SUMMARY/RVB/rb DATE 2001 MEMORANDUM TO: FROM: DATE: RE: COLLIER COUNTY PLANNING COMMISSION COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES MARCH 15,2001 PETITION NO: PUD-96-1 (2), VETERANS PARK COMMONS PUD COMPANION ITEM: PUD-97-13 (1) A GENT/APPLI CANT: Agents: Mr. William Hoover Hoover Planning & Development, Inc. 3785 Airport Road, Suite B-1 Naples, Florida 34105 Mr. Andrew Solis Price, Siket & Solis, LLP 2640 Golden Gate Parkway Naples, Florida 34105 GEOGRAPHIC LOCATION: Owner: Centre at Veterans Park, LLC 5455 Jaeger Road Naples, Florida 34109 PURPOSE/DESCRIPTION OF PRO~IECT: The currently approved Veterans Park Medical PUD allows for support medical facilities such as physicians' offices, medical clinics and pharmacies as permitted in tl: Fu,l~.l~,tT~ MAY 0 8 2001 This petition seeks to amend the currently approved Veterans Park Medical Planned Unit Development (PUD) for the purposes of adding 1.82-acres, revising Section 3.2.A.l(d) of the PUD Document to eliminate the outdated Commercial Under Criteria language that limited the general office uses to 25,000 square feet and changing the name of the PUD from Veterans Park Medical to Veterans Park Commons. REQUESTED ACTION: The subject property is located on the south side of Naples-Immokalee Road (CR-846) and west of Veterans Park Drive in Section 26, Township 48 South, Range 25 East. (See iljustration on following page.) EXHIBIT "A" i! Itl[lll Land Use Element (FLUE) of the Growth Management Plan. The PUD document also allows commercial uses found in the C-1/T zoning district and includes professional office, medical uses, business offices and institutional uses consistent with the Commercial Under Criteria (CUC) provisions that previously contained the FLUE. Due to changing market conditions, the petitioner is requesting to add Tract "A" (1.82-acres) from the adjacent Veterans Park Center PUD to allow low intensity commercial uses. As a result, there is a companion petition to amend the Veterans Park Center PUD (PUD-97- 13) to eliminate Tract "A", which reduces the acreage of the PUD by 1.82-acres. Today, the CUC provision no longer exists in the FLUE and has been replaced by the Office and In,fill Commercial Sub-district that provides for low intensity office commercial or in-fill commercial development. SURROUNDING LAND USE AND ZONING: Existing Conditions: As iljustrated on the aerial photograph below, the subject site is partially developed and is zoned PUD. Surrounding: North: East: South: West - Immokalee Road & developed single family subdivision zoned RSF-3. - Developed ALF/commercial, Zoned: Surrey Place PUD. - Cocohatchee River & undeveloped medical offices, Zoned: Northside Medical PUD. - Partially developed medical offices, Zoned: Veterans Park Center PUD. 2001 GROWTH MANAGEMENT PLAN CONSISTENCY: This petition has been distributed to the appropriate jurisdiction review entities for review of the PUD for consistency with the current Growth Management Plan (GMP) and they find the following: Future Land Use Element: The subject site is located within the Urban Mixed-Use area as designated on the Future Land Use Element (FLUE) of the Growth Management (GMP). This designation allows for residential and certain non-residential uses including community facilities and commercial uses. The Office and In-fill Commercial Sub- district is intended to allow low intensity office commercial or in-fill commercial development on small parcels within the Urban Mixed-Use District. These parcels must be located along arterial and collector designated roadways where residential development, as allowed by the Density Rating System, may not be compatible or appropriate. The Office and In-fill Commercial (OIC) criteria must be met for any project utilizing this sub-district. The proposed rezone petition complies with the following criteria. 1. The site abuts a collector or an arterial road. Immokalee Road is an arterial road. 2. The site must be less than twelve acres in size. The site is approximately 5.02 acres in size. 3. The site abuts commercial zoning on one or both sides. The BCC previously determined that the adjacent Surrey place PUD is commercially zoned. 4. The parcel was not created to take advantage of the Office and In-fill Commercial provisions. The parcel existed prior to this application for a PUD amendment. o The project is served by central public water and sewer facilities. The site is within the County's water and sewer district and these central utilities are available in this area. o The project will be compatible with existing and permitted future land uses on surrounding properties. The proposed PUD Amendment is compatible with the adjacent uses in the Surrey Place PUD that includes the following uses. A nursing home, adult living facility (ALF), child-care centers and office uses, which was previously determined by BCC to be commercial in nature. The subject PUD Amendment allows office or low intensity commercial" such as the C-1 zoning district uses (e.g., professional and business offices, hanks, and a child care center) plus two uses from the C-2 district, both of which are medically related (drug stores and home health care services). Because these uses are comparable, this criterion is met. MAY 0 8 2001 3 I0 For those sites that have existing commercial zoning abutting one side, commercial zoning used pursuant to this subsection shall only be applied one time to serve as a transitional use and will not be permitted to expand. "This is the first request at this location for a rezone to commercial utilizing the OIC Sub-district criteria. As to providing a transition from the Surrey Place PUD to the east and from the Veteran's Park Center PUD to the west, a downward transition from the abutting Surrey Place PUD can be made. For example, Tract A of the Surrey Place PUD allows a nursing home, ALF, and child care facilities along with office uses in Tract B. [Since the proposed PUD Amendment allows medical uses are (e.g., medical offices & pharmacy), then a transition may occur.] o A maximum of 250 acres may be rezoned utilizing the Office and In-fill Commercial Sub-district. This criteria is met since only 74 acres have used this provision to date. The proposed rezone petition complies with the following criteria if the Board of County Commissioners makes the following interpretations. The depth of the proposed site does not exceed the depth of the abutting commercial parcels. The depth of the subject site is irregular, as the southerly boundary follows a creek; it varies from 300' on the west to 650' on the east, closest to Surrey Place PUD. Surrey Place PUD is more rectangular in shape but also has some irregularity in depth; it varies from 400' on the west, closest to the subject site, to 550' closer to the middle of the PUD, to 600' on the east side. If the average depth of each parcel is considered, then this criterion could be met. o The project uses are limited to office or low intensity commercial, except for land abutting commercial zoning on both sides; the project uses may include those uses of the highest intensity abutting commercial zoning district. The abutting property to the west (Tract B of Veterans Park Center PUD) is zoned for public facilities and institutional uses. It should be noted that these uses are allowed by the FLUE anywhere in the Urban designated area and are not considered commercial uses. The property to the east (Tract A of Surrey Place PUD) permits three uses - nursing home, ACLF, and child care center - uses allowed by the FLUE anywhere in the Urban designated area and not considered commercial uses in the FLUE. However, past BCC action deemed the Surrey Place PUD to be commercial. Therefore, based solely upon the previous BCC action, the subject site can be deemed to abut commercial zoning on one side. As a result, the site is "limited to office or low intensity commercial" as opposed to being eligible to "include those [uses] of the highest intensity abutting commercial zoning district." The PUD provides for C-1 zoning district uses (e.g., professional and business offices, banks, child-care center) plus two uses from the C-2 district, both of which are medically related - drug store and home health care services. Considering past BCC action, this criterion is met. No. MAY 0 8 2001 1/ Based on staff review of the approved land uses on the adjacent and nearby properties, the proposed PUD Amendment is consistent with the Office and In-fill Commercial criteria contained in the FLUE of the Collier County GMP subject to the Board of County Commissioners making the above referenced findings. Transportation Element: The traffic impact review indicates that there is no significant difference in the site-generated trips from the currently approved PUD versus the proposed amendment. As a result, the proposed change will not exceed the significance test on Immokalee Road (CR-846) within the project's radius of development influence (RDI). In addition, CR-846 is currently a 4-lane arterial road fronting the project. The current traffic count for this segment is 33,417 AADT, which results in LOS "D" operation. It should be noted that this segment is currently being improved to 6-lanes by late 2002. Applicable Elements: Staff review indicates that this petition has been designed to account for the necessary relationships dictated by the Growth Management Plan (GMP). Mitigation measures and stipulations have been developed (where appropriate) to ensure consistency with the GMP during the permitting process. Development permitted by the approval of this petition is subject to a concurrency review. This review is subject to the provisions of Section 3.15 of the Collier County Land Development Code, Adequate Public Facilities, at the earliest or the next to occur of either Final SDP approval, final plat approval, or building permit applicable to this development. Therefore, this proposed PUD amendment is consistent with the goals and policies of the GMP. Staff has concluded that no level of service standards will be adversely affected by this amendment. Appropriate mitigation measures and stipulations will assure that the County's interests are maintained. Consistency with the goals, objectives and policies of other applicable elements of the GMP and level of service relationships are to be achieved by stipulations and/or development commitments made a part of the approval of this development order. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. However, Section 2.2.25.8.1 of the Land Development Code requires the following. If during the course of site clearing, excavation or other construction activity an historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. MAY 0 8 2001 STAFF EVALUATION FOR ENVIRONMENTAL ISSUES~ TRANSPORTATION AND INFRASTRUCTURE: This petition was reviewed by the appropriate staff responsible for the oversight of the above referenced areas of critical concern. This includes a review by the Community Development Environmental and Engineering staff, and the Transportation Services Division. These reviews help shape the content of the PUD Document and cause development commitments to be formulated to achieve GMP and LDC requirements. This amendment has been approved by the Environmental staff subject to a gopher tortoise relocation]management plan to be submitted at the time of the next development order submittal. Due to the fact that no wetlands exist on site, this petition was not required to go to the Environmental Advisory Council. The Transportation Services Staff has recommended approval subject to the elimination of the northern driveway connection to Veterans Community Park Drive while the southern driveway must be moved approximately 70 feet to the north. EVALUATION: The purpose of this petition is to amend the Veterans Park 5'!crimea! Commons PUD even though the process is one of rezoning the land from "PUD" to "PUD". The intent of this type of zoning procedure is to achieve a level of administrative convenience by avoiding the requirement to track amendments to the original document in order to understand the totality of the regulations as they apply to this PUD zoning district. Because of this reason, the required findings for standard and PUD rezones do not apply to this petition. Furthermore, in recognition of the fact that when the property was initially rezoned, the decision to approve the subject PUD was based upon a preponderance of evidence and conditions which supported the required findings for PUD rezoning actions. Nevertheless, staff has evaluated the proposed amendment and has the following comments. The evaluation by professional staff should typically include an analysis of the project's relationship to the community's future land use plan. This analysis is made whether or not the proposed amendment would be consistent with the Collier County Growth Management Plan in all of its related elements. Other evaluation considerations should include an assessment of adequacy of transportation infrastructure, other infrastructure, and compatibility with adjacent land uses. This consideration usually dealt with as a function of analyzing the relationship of the rezoning action to the long-range plan for all future land uses. The most important facet of the rezoning action is that it constitutes a legislative statement that authorizes the use of land for a specific development strategy, provided the development of the land can go forward. It may not affect the timing of development because of subsequent permitting requirements. Traffic Circulation and Impact - amendment to the existing PUD will not have a significant impact on Immokalee virtue of the fact that vehicular site generated trips will not exceed 5% of the Staff has identified the fact that the proposed Rnacl h,, ,OS , ~.l~t~ MAY 0 8 2001 design capacity. Furthermore, it should be appreciated that all future development is subject to actions that may be taken as a result of application of the County's Concurrency Management provisions. The Transportation Services Staff has recommended approval subject to the elimination of the northern driveway connection to Veterans Community Park Drive while the southern driveway must be moved 70 feet to the north. Relationship to Existing Land Uses: A discussion of this relationship, as it applies specifically to Collier County's legal basis for land use planning, refers to the relationship of the proposed zoning action to the surrounding properties. The permitted uses within the subject PUD are similar to the health service uses approved in the Surrey Place PUD to the east and the Veterans Park Center PUD to the west. To the south of the subject site is the Cocohatchee River and the Northside Medical Plaza PUD. The property to the north across Immokalee Road is approved for residential uses. To improve the relationship and compatibility with the adjacent RMF-6 zoned land, this PUD provides a Type "D" landscape buffer (15 feet wide) along the northern property line and a 10 foot wide Type "D" buffer along Veterans Community Park Drive to the east. In addition, the maximum height of structures is 45 feet, which is the same height allowed in the currently approved PUD to the west and similar to the Surrey Place PUD to the east that limits building heights to 40 feet in Tract "B". The PUD Master Plan provides 1 primary land use tract that is accessed from Veterans Community Park Drive. To ensure compatibility with adjacent land uses, the commercial and medical office structures are subject to the Architectural and Site Design requirements of Section 2.8 of the LDC and the common architectural theme standards contained in the PUD requiring a unified theme. The general development standards include Front Yard setbacks that are similar to the adjacent PUD zoning. With respect to compatibility issues, staff is of the opinion that the subject petition is consistent with the GMP and is also compatible with other approved commercial and medical/health service land uses in the area. Relationship to Future Land Use Element: With respect to the matter of compatibility with the FLUE, this is an evaluation whose primary focus is the relationship of the proposed zoning action to the FLUE. In the case at hand, and based upon the FLUE, we have an expectation that the land will be used consistent with the Urban Mixed-Use District. This district permits nonresidential land uses consistent with the Office and In- fill Commercial Sub-district. The amended PUD Document also includes the same intensity of medical uses that was approved when the property was originally rezoned to PUD. Regarding the matter of timing, urban commercial development has been approved and constructed within this area while water supplies are also available to this site. Since this petition is only an amendment to the existing PUD Zoning District, the proposed changes will not increase the impacts to the Collier County North Wastewater Treatment Plant. It should be noted that all development must comply with surface water management requirements invoked at the time of site development plan review. After considering the availability of community infrastructure and services it is clear that the development of the subject property is timely and consistent with the FLUE to the ;M~.~iD~, ~ MAY 0 8 2001 ? Lastly, due to the fact that no wetlands exist on site, this petition was not required to go to the Environmental Advisory Council. STAFF RECOMMENDATION:, Staff recommends that the Collier County Planning Commission forward Petition PUD- 96-1 (2) to the Board of County Commissioners with a recommendation for approval subject to the conditions of approval that have been incorporated into the PUD Document. pREPARE~Y~ RAY~L~WS, PRINCIPAL PLANNER /~REN~ PLANNING SECTION CURRENT pLANNING SECTION RO~, AICP, DIRECTOR PLANNING SERVICES DEPARTMF_2qT PROVED BY: /~ JC~HN M. DUNNUCK, Ill, INTERIM ADMINISTRATOR C~)MMUNITY DEV. AND ENVIRONMENTAL SVCS. DA~ Staff Report for the April 5, 2001, CCPC meeting. COLLIER COUNTY ~qNING COMMISSION: GA~Y WRAGE, C~ ~ RVB/rb/STAFF REPORT/PUD-96-1 MAYO~ 20~1 ~ PUD AMENDMENT - VETERANS PARK MEDICAL PUD PETITION NUMBER DATE APPLICATION FOR PUBLIC HEARING FOR PUD AMENDMENT/DO AMENDMENT COMMUNITY DEVELOPMENT DIVISION CURRENT PLANNING Name of Applicant(s) THE CENTRE AT VETERANS PARK, LLC Applicant's Mailing Address 5455 Jaeqer Road City Naples State ~ Zip 34109 Applicant's Telephone Number: Res.: N/A ..... Bus.: Is the applicant the owner of the subject property? X Yes No (a) If applicant is a land trust, so indicate and name beneficiaries below. (b) If applicant is corporation other than a public corporation, so indicate and name officers and major stockholders below. X (c) If applicant is a partnership, limited partnership or other business entity, so indicate and name principals below. (d) If applicant is an owner, indicate exactly as recorded, and list all other owners, if any. (e) If applicant is a lessee, attach copy of lease, and indicate actual owners if not indicated on the lease. (f) If applicant is a contract purchaser, attach copy of contract, and indicate actual owner(s) name and address below. SEE ATTACHED EXHIBIT A and B A~D ~-I (If space is inadequate, attach on separate page.) 2. Name of Agent Andrew I. Solis Firm Price, Siket & Solis, LLP Agents Mailing Address 2640 Golden Gate Parkway, Suite 115 City Naples State Florida Zip 34105 Telephone Number: Res.: N/A . Bus.: 261-4673 MAY 0 8 2001 4. DETAILED LEGAL DESCRIPTION OF THE PROPERTY COVERED BY THE APPLICATION (If space is inadequate, attach on separate page. If request involves change to more than one zoning district, include separate legal description for property involved in each district. If property is odd-shaped, submit five (5) copies of survey (1" to 400' scale). THE APPLICANT IS RESPONSIBLE FOR SUPPLYING THE CORRECT LEGAL DESCRIPTION. IF QUESTIONS ARISE CONCERNING THE LEGAL DESCRIPTION, AN ENGINEER'S CERTIFICATION SHALL BE REQUIRED. SECTION 26 TOWNSHIP 48 S~th RANGE 25 East East one-half (E %) of the East ½ (E %~ of the Northwest one quarter INW 1/4) of the Northwest one quarter (NW 1/4} North of Horse Creek all in Section 26, Township 48 South, Ranqe 25 East, less East 75 feet and North 100 feet lyinq North of Horse Creek, Collier County, Florida. PUD ORDINANCE NAME AND NUMBER: Veterans Park Medical PUD No. 96-33 5. Address or location of subject property Does property owner own contiguous property to the subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). The Centre at Veterans Park, LLC owns Tract A of the Veterans Park Center PUD which is beinq added to this PUD. The legal description of said Tract A is attached hereto as Exhibit C. TYPE OF AMENDMENT: X..A. PUD Document Language Amendment B. PUD Master Plan Amendment C. Development Order Language Amendment DOES AMENDMENT COMPLY WITH THE COMPREHENSIVE PLAN: X Yes No If no, explain: HAS A PUBLIC HEARING BEEN HELD ON THIS PROPERTY WITHIN THE LAST YEAR? IF SO, IN WHOSE NAME? NO PETITION #: DATE: MAY 0 8 2001 10. HAS ANY PORTION OF THE PUD BEEN X . SOLD AND/OR X DEVELOPED? ARE ANY CHANGES PROPOSED FOR THE AREA SOLD AND/OR DEVELOPED? Yes. X No. IF YES, DESCRIBE: (ATTACH ADDITIONAL SHEETS IF NECESSARY). See Exhibit A AFFIDAVIT I, George Ryan, Jr., as Trustee of the George Ryan, Jr. Trust, and as Managing Partner of The Centre at Veterans Park, LLC being first duly sworn, depose and say that The Centre at Veterans Park, LLC is the owner of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, and all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. We understand this application must be completed and accurate before a hearing can be advertised. We further permit the undersigned to act as our representative in any matters regarding this Petition. NOTE: SIGNATURES OF ALL OWNERS ARE MANDATORY. ~~dF AGENT State of Florida county of Collier The .foregoing Application was acknowledged before me this ~? ~ day of 0~' , 2000 by George Ryan, Jr., as Trustee of the George Ryan, Jr. Trust and as Mana~inQ Partner of The Centre at Veterans Park, LLC, ~~nown to--or who has produced -- as identification and who did (did not) take an (Signature of Notary Public) Expires Aori115. 2001 -- ~,~ NOTARY PUBLIC co ission My commission Expires: ~-~-0~ PUD\DO APPLICATION/md/4128 MAY 0 2001 E~HIBIT ~ The Veterans ~ark Medical PUD has been subjected to a Declaration of Condominium and divided into Units - Unit 1 and Unit 2. Unit 1 has been sold in its entirety to Southern Community Bank. Southern Community Bank's consent and authorization for the filing of this application is attached hereto. Unit 2 is owned entirely by the Applicant. 2001 .,._/? _ STATE OF FLORIDA COUNTY OF ~%~/-z'~L~,. 2000 b,~ ,/~e/ ~. ~,~"~ a~-~. v,~-~- ,-~~ of · · known to me,or who has producext Southern Commumty Bank, ~_~_p_~ly ~ _ as identification. signa ,~ar¢ ofPerso~Taking A~nowleOgm~ Name of Acknowledger Typed, Primed or Stamped My Commission expires: AC, ENDA ITF-M ~ ~ ~ ~'.~ MAY 0 8 2001 'l'lsi~l)ocnmentP~peredUynndRctu~t¢'! Price, Siket & solis, LL;' R. Scott Price, Esquire 2640 Golden Gate Parkway,.Suite 115 Naples, FL 34105 *** 2608130 OR: 2652 PG: 3055 RECORDED In O[[IClA~, HCOID$ o[ COl, LIB~ COU~?~, [b 031ZOl~O00 a.L 0~:35A~ 0~IGHT L B~OC;, COHS 1200000,00 D0C-,70 HO0,00 Re:n: SRPLES FL 3H05 3203 I'.r¢¢11D Number: O0 167360007 V arra. Deedl /~ ~ ,~OOC~ ^.o., Between This Indenture,' Made,is /~ dayof The Centre at Veterans' Park, LLC, a Florida limited liability company and George Ryan, Jr., Individually 'oc mc c~n~ or Collier , Stat= 0f Florida , grantors, ~d Southern Co--unity Bank, a corporation existing under the laws of the State of Florida ,,~=,dd~:s is: 250 North Orange Avenue, Orlando, FL 32801 sma or Florida , grantee. of lira C~uly of Orange , %~ {[11 ~seth II~l fi~e GR~TORS. for ~d ~ c~siderafion of the sum of ........................ TEN DOL~S ($1 O) ....................... DOLL.S, m~d o~ go~ ~ v~luable consider~lion to GRANTORS in h~d p~id by GRA~EE, the reccipl ~rcof is h~by .c~owledgnd, have granl~, b~gsin~ ~ sold Io Usc said G~EE a~ G~NTEE'S lairs, mcmsm m~d assigns rme~, o. following dc~Hb~ I~d, silueic. lying ~d ~ing in fl,c C~n~ or Collier Slale of ~[orida Io wit: Unit l, The Centre at Veterans' Park, a co~ercial condomini~, according to the declaration thereof recorded in O.R. Book2852 , Page ~, Public Records of Collier County, Florida. Subject to current taxes, eas~ents and restrictions co~on to the su~ivision · and lira gr~nlors do hereby fully .w~rant file lille to s~id t~.nd, and will defend lhe s~me against lawB*l cliims of all ~s ~v~. Witn~s Whereof, u,e grantors have h~cumo sel Ihclr hands and seals ~e day ~d y~ first a~vc ~iem. The Ce~re at Veterans' Park, LLC ~: ~id qol~avin~-Clapper Signed, sealed and delivered in our presence: Witnes~ ~ nted Name: ~/ K~~ Wi tness STATE OF Florida COUNTY OF Collier The forgoing instrument wns acla,owlndged before mc this George Ryan, Jr. , Individually P.O. Address: (Seal) day o1' (Corporate Seal) Bri~-Soldavini~Clappe~Manager of The Centre at Veterans' Park, LLC, a Florida 'limited liability company, on behalf of'the dompany, and George Ryan, Jr., individually he is para.ally ~o~ to me or he has produced his MAY 0 8 2001 .,. MEMBEIRS OF CENTRE AT VETERANS PARK~ LLC Brigid Soldavini James F. Paradis George Ryan, Jr. Trust George Ryan, Sr., as Trustee D. Barry Davis Andrew Briskar Judith Thompson Trust ForSure, LLC William Richardson Michael Richardson Deborah Kuper Pat and Emily Joyce Rebecca Mulzer EXHIBIT MAY 0 8 2001 Retn: PRICE SIKBT BT AL 2640 GOLDEN GATH PKWY #I15 NAPLES FL 34105 3203 RECORDED in the OFFICIAL RECORDS of COLLIER COUNTY, EL CONS 03/20/2000 at 07:35AM DWIGHT E, BROCK, CLERK RNC FEE DOC-.?0 2800000.00 15.00 19600.00 WARRANTY DEED THIS DEED is made on this /(~'~day of March, 2000, between RD2 PARTNERSHIP, a Florida general partnership, whose post office address is: 13124 Valewood Drive, Naples, FL 34119-8505 (the "Grantor"), and THE CENTRE A~' VETERAN'S PARK, LLC, a Florida limited liability company and GEORGE RYAN, Jr., as tenants in common (the "Grantees"), whose post office address is: 5455 Jaeger Road, Naples, FL 34109. The Grantor, in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other good and valuable considerations to said Grantor in hand paid by the Grantees, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained and sold to the said Grantee and Grantees' heirs, successors and assigns forever, the following described property, situated, lying and being in Collier County, Florida, to wit: The East one-half (E~h) of the East one-half (El/2) of the Northwest one-quarter (NW lA) of the Northwest one-quarter (NW ~A) North of Horse Creek all in Section 26, Township 48 South, Range 25 East, Collier County, Florida, LESS the East 73 feet and North 100 feet lying north of Horse Creek. AND A parcel of land situated and being in the West one-half (WXA) of the East one-half (E lA) of the Northwest one-quarter (NW 'A ) of the Northwest one-quarter (NW ¼) of Section 26, Township 48 South, Range 25 East, Collier County, Florida as more particularly described on Exhibit "A" attached hereto and made a part hereof by reference. Tax Folio Numbers: 00167360007 and 00167720207. SUBJECT TO: real estate taxes for the year 2000 and subsequent years; covenants, easements and restrictions of record; and existing zoning and government regulations; provided however the foregoing shall not prevent Grantees' intended use of the Property for medical/business purposes. And said Grantor does hereby fully warrant the title to said land, and will defend the same against the lawful claims of all persons whomsoever. C:\KRJ\RD2Parrnership Warranty Deed EXHIBIT (Page I of 2) This Instrument Prepared By: Kenneth R. Johnson, Esq. Goodlene. Coleman & Jot 4001 Tamiami Trail Nord' Naples. FL 34t03 Suite 300 MAY 0 8 2001 OR: 2652 PG: 2999 IN WITNESS WHEREOF, the undersigned Grantor has caused this instrument to be duly executed and delivered on the day and year first above written. Signed, sealed and delivered in the presence of: RD2 PARTNERSHIP, a Florida general partnership By:("[",,/ Ra'~onc . General Part~~-~ Ray~n~ond J. ~eAngefls, General Partner STATE OF FLOR/DA COUNTY OF COLLIER THE FOREGOING INSTRUMENT was acknowledged before me on this /,~day of March, 2000, by Raymond P. DeAngelis and Raymond J. DeAngelis, ( ~' ) who are personally known to me or (. ) who produced their respective driver's license as identification, as the general partners of RD2 PARTNERSHIP, a Florida general partnership, on behalf of the partnership. State of Florida at Large My Commission' Expires: (Notary Seal) C: \KRJ\RD2Partnership Warranty Deed (Page 2 of 2) ' ".~.~';~ MY COMMISSION#CC 726994 II ~ ~7~" EXPIRES: Apd116, 2~ II ~ ~ MAYO82001 OR: 2652 PG: 3000 EXHIBIT (Legal Descriptio,~) COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 26, TOWNSHIP 48 SOUTH, RANGE 25 EAST, THENC]E NORTH $9 DEGREES 14'12" EAST ALONG THE NORTH LINE OF SAID SECTION 26'A DI~FI?ANCE OF 6~;6.09 FEET; THENCE SOUTH 00 DEGREES 45'48" EAST, A DISTANCE OF 150.00 FEET TO A POINT ON'THE NORTH LINE OF PARCEL DES CRIBED 1N O.tL BOOK 1458, PAGE 1300, PUB LIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE CONTINI3E ALONG TtYE NORTH LINE OF SA//) DESCRJBED PARCEL, SOUTH 00 DEGREES 45'48" FAST, A DISTANCE OF 50.00 FEET; TI:fENCE NORTH 89 DEGRL:rES 14'12" EAST, A DISTANCE OF 29.62 FEET TO THE POINT OF I~EGINNING OF THE PA-KCEL HF.R.E~ DES(iRiBED; TI4 F-NCE LEAVING TH~ NORTH LINE OF SAID PAP, CEL DESCR.I]BED IN O.]C BOOK 1458, PAGE 1300, SOIJrH 15 DEGREES 17'59" EAST, A DISTANCE OF 26.55 FEET; TI4WNCE SOUI~ 0I DEGREE 10'24" ]EAST, A DISTANCE OF 68..55 FEET; THENCE SOUTH 18 DEGREES 42'47" EAST, A DISTANCE OF 50.69 FEET; Ti{ENCE SOUTH 34 DEGREES 2TEY' EAST, A DISTANCE OF 63.15 FEET; THENCE SOUTH 62 DEGI~K~S 43"21" EAST, ADISTANCE OF 78.05 FEET; THENCE SOUTH 22 DEGREES 33'] 1" EAST, A DISTANCE OF 78.94[ FEET; TI-IENCE SOUTH 50 DEGREES 09'23" EAST, A DISIANCE OF 35.36 FF_2ET; THENCE SOUTH 64 DEGREES 45'48" EAST, A DISTANCE OF 99.66 FEET TO THE EAST LINE OF THE WEST ONE-HALF OF TL4E EAST ONE-HALF OF THE NO RTHV;EST ONE-QUAP, TEK OF THE NORTHWEST ONE-QUARTER OF SAri) SECTION 26; TFFE. NCE ALONG THE EAST LINE OF TI-[E WEST ONE-HALF OF THE EAST ONE.HALF OF THE NORTHXVEST ONE-QUARTER OF THE NOP, TItW'EST ONE- QUARTER OF SAID SECTION 26. NORTH. 01 DEGREE 1J'49" WEST, A DISTANCE OF 42] .72 FEET, THENCE SOUTH 89 DEGREES 14'12" WEST, A DISTANCE OF 18g.85 FEET TO A POINT OF THE NORTH LINE OF A PARCEL DESCRIBED IN O.K. BOOK 1458, PAGE 1300, PUBLIC RECORDS OF COLLrrLK COUNTY, FLORIDA; THENCE CONTINUE ALONG THE NORTH LINE OF SA1D DESCRIBED pARCF_L, SOl/IH O0 DEGP. EES 45'48" EAST, A DISTANCE OF 5f].00 FEET,THENCE SOUTH 89 DEGREES 14'12" VEST, A D1STAiNCE OF 80.38 FEET TO THE POINT OF BEGINNING. AGENDA MAY 0 8 2001 EXHIBIT "C" TRACT / PARCEL "A": A PARCEL OF {.82 ACRES. MORE OR LESS; A PARCEL OF LAND SITUATED AND BEING IN THE WEST ONE-HALF OF THE EAST ONE-HALF OF THE NORTHWEST ONE-QUARTER OF THE NORTHWEST ~)NE-QUARTER OF SECTION 26, TOWNSHIP 48 SOUTH. RANGE 25 EAST, COLLIER COUNT~;, FLORIDA, AND I~EING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 26, TOWNSHIP 48 SOUTH. RANGE 25 EAST, THENCE NORTH 89 DEGREES 14' 12" EAST, A liONG THE NORTH LINE OF SAID SECTION 26. A DISTANCE OF 696.09 FEET: THENCE SOUTI~I 00 DEGREES 45' 48" EAST, A DISTANCE OF I$0.00 FEET TO A POINT ON THE NORTH LINE OF PARCEL DESCRIBED OFFICIAL RECORD BOOK 1458. PAGE 1300. PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE CONTINUE ALONG THE NORTH LINE OF SAID D~SCRIBED PARCEL, SOUTH 00 DEGREES 45' 4'8" EAST, A DISTANCE OF 50.00 FEET; THENCE NORTH 89 DEGREES 14' 12" EAST, A DISTANCE'OF 29.62 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE LEAVING THE NORTH LINE OF SAID PARCEL DESCRIBED IN OFFICIAL RECORD BOOK 1458, PAGE 1300, SOUTH 15 DEGREES 17' 59" EAST, A DISTANCE OF 26.55 FEET; THENCE SOUTH 01 DEGREE 10' 24# EAST, A DISTANCE OF ~8.$$ FEET; THENCE SOUTH DEGREES 42' 47" EAST, A DISTANCE OF 50.69 FEET; THENCE SOUTI~ 34 DEGREES 27' 53' EAST, A DISTANCE OF 63.15 FEET; THENCE SOUTH 62 DEGREES 43' 2i:l~. EAST, A DISTANCE OF 78.05 FEET; THENCE SOUTH 22 DEGREES 33' i I" EAST, A DISTANCE OF 78.94 FEET; THENCE SOUTH 50 DEGREES 09' 23" EAST, A DISTANCE OF 35.36 FEET; THENCE SOUTH 64 DEGREES 45' 48" EAST, A DISTANCE OF 99.66 FEET TO THE EAST LINE OF THE WEST ONE-HALF OF THE EAST ONE-HALF OF THE NORTHWEST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER OF SAID SECT1ON 26; THENCE ALONG THE EAST LINE OF THE WEST ONE.HALF OF THE EAST ONE- HALF OF THE NORTHWEST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 26, NORTH 01 DEGREE I I' 49" WEST, A DISTANCE OF 421.72 FEET, THENCE SOUTH 89 DEGREES 14' 12" WEST, A DISTANCE OF IBB.85 FEET TO A POI~IT ON THE NORTH LfNE OF A PARCEL DESCRIBED IN OFFICIAL RECORD BOOK 145B, PAGE 1300, PUBLIC RECORDS OF .COLLIER COUNTY, FLORIDA: THENCE CONTINUE ALONG iTHE NORTH LINE OF :SAID DESCRIBED PARCEL, SOUTH 00 DEGREES 45' 48" EAST. A DISTkNCE'OF $0.00 FEET,'~IENCE SOUTH 89 DEGREES 14' 12" WEST, A DISTANCE OF 80.38 FEET TO THE POINT OF BEGI]VNING. SUB-IE~F TO EASEMENTS. RESTRICTIONS AND RESERVATIONS OF RECORD. BEARINGS ARE BASED ON THE NORTH LINE OF SECTION 26. TOWNSHIP'48 S~ 25 EAST, COLLIER COUNTY, FLORIDA AS BEING: NORTH 89 DEGREES 14' 12' E _ HAY O 8 2001 ORDINANCE NO. 01-__ _ AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED 8526N BY CHANGING THE ZONI'NG CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS "VETERANS PARK COMMONS", FOR PROPERTY LOCATED ON THE SOUTH SIDE OF IMMOKALEE ROAD (C.R. 846), APPROXIMATELY 258 FEET WEST OF VETERANS PARK DRIVE, IN SECTION 26, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 5.02+ ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 96-33, AS AMENDED, THE FORMER VETERANS PARK MEDICAL PUD; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, William Hoover of Hoover Planning & Development, Inc. and Andrew I. Solis of Price, Siket & Solis, LLP, representing The Centre at Veterans Park, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: The Zoning Classification of the herein described real property located in Section 26, Township 48 South, Range 25 East, Collier County, Florida, is changed from "PUD" to "PUD" Planned Unit Development in accordance with the PUD Document, attached hereto as Exhibit "A", which is incorporated herein and by reference made part hereof. The Official Zoning Atlas Map numbered 8526N, as described in Ordinance Number 91-102, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: Ordinance Number 96-33, as amended, known as the Veterans Park Medical PUD, adopted on June 25, 1996, by the Board of County Commissioners of Collier County, is hereby repealed in its entirety. SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. -1- MAT 0 8 2001 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this ~ day of ,2001. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Approved as to Form and Legal Sufficiency BY: JAMES D. CARTER, PhD., CHAIRMAN Majod~M. Student Assistant County Attorney g/admin/PUD-96-01 (2)/RB/cw -2- MAY 0 8 2001 VETERANS PARK COMMONS PUD A PLANNED UNIT DEVELOPMENT PREPARED FOR: THE CENTRE AT VETERANS PARK LLC DBA VETERANS PARK COMMONS 501 GOODLETTE ROAD N., SUITE 105 NAPLES, FLORIDA 34102 PREPARED BY: WILLIAM L. HOOVER, AICP HOOVER PLANNING & DEV., INC. 3785 AIRPORT ROAD N., SUITE B NAPLES, FLORIDA 34105 AND ANDREW I. SOLIS PRICE, SIKET & SOLIS, LLP 2640 GOLDEN GATE PKWY., SUITE 115 NAPLES, FLORIDA 34105 DATE FILED DATE REVISED DATE REVIEWED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER Exhibit "A" November 6, 2000 March 12, 2001 MAY 0 8 2001 TABLE OF CONTENTS TABLE OF CONTENTS LIST OF EXHIBITS STATEMENT OF COMPLIANCE SECTION I SECTION II SECTION III SECTION IV PROPERTY OWNERSHIP AND DESCRIPTION PROJECT DEVELOPMENT REQUIREMENTS COMMERCIAL AREAS PLAN DEVELOPMENT COMMITMENTS PAGE i ii 1 2 4 6 10 ITEM MAY 0 8 2001 LiST OF EXHIBITS EXHIBIT "a" EXHIBIT "B" EXHIBIT "C" PUD MASTER PLAN PUD WATER MANAGEMENT/UTILITY PLAN LEGAL DESCRIPTION MAT 0 8 2001 STATEMENT OF COMPLIANCE The development of approximately 5.02 acres of property in Collier County, as a Planned Unit Development to be known as the Veterans Park Commons PUD will be in compliance with the planning goals and objectives of Collier County as set forth in the Collier County Growth Management Plan. The commercial facilities of the Veterans Park Commons PUD will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives for the following reasons: The subject property is within the Urban Residential - Mixed Use Designation as identified on the Future Land Use Map, which permits commercial land uses. The subject property further qualifies for commercial uses via the Office and In- fill Commercial Sub-District of the Urban - Mixed Use District in the Future Land Use Element since its average depth is approximately equal to the average depth of the abutting Surrey Place PUD, that has commercial uses. The subject property is located at the southwest corner of the intersection between Immokalee Road and Veterans Park Drive. This strategic location allows the site excellent access for the location of mixed commercial land uses, as permitted by the Future Land Use Element. The subject property's location in relation to existing or proposed community facilities and services permits the development's intensity of land uses as required in Objective 2 of the Future Land Use Element. The project development is compatible and complementary to existing and future surrounding land uses as required in Policy 5.4 of the Future Land Use Element. The project shall be in compliance with all applicable County regulations including the Growth Management Plan. All final local development orders for this project are subject to Division 3.15, Adequate Public Facilities, of the Collier County Land Development Code as set forth in Policy 3.1 of the Future Land Use Element. ~.,[NDA ITF-Ja MAT 0 8 2001 SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of Veterans Park Commons PUD. 1.2 LEGAL DESCRIPTION The subject property totals 5.02 acres and is located within Section 26, Township 48 South, Range 25 East, Collier County, Florida. A complete legal description is provided within Exhibit "C". 1.3 PROPERTY OWNERSHIP The subject property is owned by: The Centre at Veterans Park LLC, d/b/a Veterans Park Commons, 501 Goodlette Road North, Suite 105, Naples, Florida 34102, except for the northeast corner (Unit 1 of the Centre at Veteran's Park, a commercial condominium according to the declaration thereof recorded in O.R. Book 2652, Page 3004, Public Records of Collier County, Florida.) The northeast corner is owned by Southern Community Bank, 250 North Orange Avenue, Orlando, Florida 32801. 1.4 GENERAL DESCRIPTION OF PROPERTY AREA The subject property is located at the southwest corner of Immokalee Road and Veterans Park Drive (unincorporated Collier County), Florida. The subject property is currently vacant and zoned PUD for commercial land uses. The subject property consists of the 3.2-acre Veterans Park Medical PUD and the 1.82-acre Tract "A" of the Veterans Park Center PUD. The intended land uses are also being modified to allow additional professional offices to be developed. 1.5 2 PHYSICAL DESCRIPTION The site's only significant natural feature is Horse Creek, whose approximate centerline defines the parcel's southern property boundary. Except for the northern bank of Horse Creek the property has generally been cleared of natural AGENDA ITEI~ MAY '0 8 2001 1.6 1.7 vegetation. Most of the site was previously develoPed as Fogg's Nursery. The north bank of Horse Creek is vegetated with a variety of trees and understory including palmettos. The site has the following designation relative to flooding - FEMA FIRM Flood Zone ^E (Special flood hazard areas inundated by 100 year flood, based elevation of 11 NGVD). PROJECT DESCRIPTION. The Veterans Park Commons PUD is intended to be developed primarily for a professional office park. The Master Plan is iljustrated graphically on Exhibit ^, PUD Master Plan. ^ Land Use Summary indicating approximate land use acreage is shown on the plan. SHORT TITLE This Ordinance shall be known and cited as the "Veterans Planned Unit Development Ordinance". Park Commons 3 MAY 0 8 2001 SECTION II PROJECT DEVELOPMENT REQUIREMENTS 2.1 2.2 PURPOSE The purpose of this Section is to delineate and generally describe the project plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in the project, as well as other project relationships. GENERAL Ao Regulations for development of the Veterans Park Commons PUD shall be in accordance with the contents of this document, PUD-Planned Unit Development District, applicable sections and parts of the Collier County Land Development Code and Collier County Growth Management Plan in effect at the time of local final development order or building permit application. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the Collier County Land Development Code shall apply. Bo Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Collier County Land Development Code in effect at the date of adoption of this PUD. C° All conditions imposed and graphic material presented depicting restrictions for the development of the Veterans Park Commons PUD shall become part of the regulations, which govern the manner in which the PUD site may be developed. Do Unless specifically waived through any variance or waiver provisions from any other applicable regulations, the provisions of those regulations not otherwise provided for in this PUD remain in full force and effect. E° Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Division 3.15 Adequate Public Facilities of the Collier County Land Development Code, at the earliest, or next, to occur of either Final Site Development Plan approval, Final Plat approval, or building permit issuance applicable to this development. 4 MAY 0 8 2001 2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED__LAND USES A. The project Master Plan is iljustrated graphically by Exhibit "A", PUD Master Plan. Minor modifications to Exhibit "A", may be permitted at the time of Site Development Plan approval, subject to the provisions of Section 2.7.3.5 of the Collier County Land Development Code or as otherwise permitted by this PUD Document. In addition to the various areas and specific items shown in Exhibit "A", easements such as (utility, private, semi-public, etc.) shall be established and/or vacated within or along the property, as may be necessary. 2.4 RELATED PROJECT PLAN APPROVAL REQUIREMENTS Exhibit "A", PUD Master Plan, constitutes the required PUD Development Plan. Except as otherwise provided within this PUD Document, any division of the property and the development of the land shall be in compliance with the Subdivision Regulations and the platting laws of the State of Florida. The provisions of Division 3.3, Site Development Plans of the Land Development Code, when applicable, shall apply to the development of all platted tracts, or parcels of land as provided in said Division 3.3 prior to the issuance of a building permit or other development order. 2.5 ApprOpriate instruments will be provided at the time of infrastructural for improvements regarding any dedications and the methodology providing perpetual maintenance of common facilities. AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Amendments may be made to the PUD as provided in Section 2.7.3.5 of the Land Development Code. 5 HAY 0 B 2001 3.1 3.2 3.3 SECTION III COMMERCIAL AREAS PLAN PURPOSE The purpose of this Section is to identify specific development standards for the ' Commercial Areas as shown on Exhibit "A", PUD Master Plan. GENERAL DESCRIPTION The project is intended to be developed as a professional office park. PERMITTED USES No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Permitted Principal Uses and Structures: 1. Automobile parking (group 7521). 2. Business services (groups 7311, 7313, 7322 - 7331, 7338, 7361, 7371, 7372, 7342 -7376, 7379). 3. Child day care services (group 8351). 4. Civic, social and fraternal associations (group 8641). 5. Depository institutions (groups 6011-6099). 6. Drug stores (group 5912). 7. Educational services (groups 8211 - 8231). 8. Engineering, accounting, research, management and related services (groups 0781,8711 - 8721, 8741 - 8743, 8748). 9. Health services (groups 8011 - 8049, 8082). 10. Insurance carriers, agents, and brokers (groups 6311 - 6399, 6411). 6 MAY 0 8 2001 3.4 11. 12. 13. 14. 15. 16. 17. Legal services (group 8111). Museums and art galleries (8412). Non-depository credit institutions (groups 6141 - 6143). Personal services (groups 7221 - 7261 except crematories, 7291). Physical fitness facilities (group 7991). Real estate (groups 6531 - 6541). Any other commercial use or professional service, which comparable in nature with the foregoing uses. Accessory Uses: 1. Uses and structures that are accessory and Permitted Uses within this PUD Document. is o incidental to the Caretaker's residence, subject to Section 2.6.16 of the Land Development Code in effect as of the date of adoption of this Ordinance. Conditional Uses: 1. Mixed residential and commercial uses as described in Section 2.2.12.3.7. of the Land Development Code in effect as of the date of adoption of this Ordinance. DEVELOPMENT STANDARDS A. Minimum Lot Area: Ten thousand (10,000) square feet. B. Minimum Lot Width: One hundred (100) feet. C. Minimum Yards: (1) Principal structures: 7 MAY 0 8 2001 Eo (a) Front Yard -Twenty-five (25) feet plus one (1) foot for each foot of building height over thirty-five (35) feet. (b) Side Yard - Ten (10) feet. (c) Rear Yard - Twenty (20) feet. (d) Yards Abutting PUD Boundaries - Twenty (20) feet. (2) Accessory Structures: Setbacks shall be as required by Division 2.6.2 of the Land Development Code in effect at time of building permit application. Minimum Distance Between Principal Structures: Twenty (20) feet. Minimum Floor Area: One thousand (1000) square feet for the principal structure on the first habitable floor. Maximum Height: Forty-five (45) feet. Off-Street Parking and Loading Requirements: As required by Division 2.3 of the Collier County Land Development Code in effect at the time of building permit application. Open Space Requirements: A minimum of thirty (30) percent open space of the gross area for the entire PUD shall be devoted to open space, as described in Section 2.2.20.3.5 of the Collier County Land Development Code. Bufferin.q Requirements: (1) In order to facilitate the retention of existing vegetation/trees, rows of parking may contain more than ten (10) parking spaces 8 MAY 0 8 2001 (2) (3) uninterrupted by a landscaped island, provided a maximum average of ten (10) parking spaces between landscaped islands is maintained in each site development plan permitted through Collier County. Sidewalks, pedestrian walks, and bike paths may occur within required buffers, however the width of the required buffer shall be increased by the same amount as the width of the paved surface of the sidewalk, pedestrian walk, or bike path. The twenty-five (25) foot Buffer "A" required for the south property line, which partially includes Horse Creek, shall maintain existing vegetation to the extent allowed by the proposed development site grading and drainage constraints. This buffer area, as now exists, is heavily vegetated and may be utilized as an open space amenity for passive uses, including: observation decks/platforms, seating and picnic areas/pavilions, and similar uses. This buffer shall minimally meet the requirements for a Buffer "A~ as described in Section 2.4.7.4 of the Collier County Land Development Code. Signs: Signs shall be permitted as described in Section 2.5 of the Collier County Land Development Code. Ko tiehtinq: Lighting shall be designed so that glare does not extend off-site onto neighboring residential properties or onto adjacent rights-of-way. Common Architectural Theme: All lighting, signage, landscaping and visible architectural infrastructure shall be similar in design throughout the site. 9 ~,ENDA ITEM MAY 0 8 2001 SECTION IV DEVELOPMENT COMMITMENTS 4.1 4.2 4.3 PURPOSE The purpose of this Section is to set forth the regulations for the development of this project. GENERAL All facilities .shall be constructed in strict accordance with Final Site Development Plans, Final Subdivision Plans and all applicable State and local laws, codes, and regulations applicable to this PUD. Except where specifically noted or stated otherwise, the standards and specifications of the official County Land Development Code shall apply to this project even if the land within the PUD is not to be platted. The developer, his successor and assigns shall be responsible for the commitments outlined in this document. The developer, his successor or assignee shall follow the PUD Master Plan and the regulations of this PUD as adopted and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successor or assignee in title shall be subject to any commitments within this agreement. PUD MASTER PLAN Exhibit "A", PUD Master Plan iljustrates the proposed development and is conceptual in nature. Proposed area, lot or land use boundaries, or special land use boundaries shall not be construed to be final and may be varied at any subsequent approval phase such as Final Platting or Site Development Plan approval. Subject to the provisions of Section 2.7.3.5 of the Collier County Land Development Code, amendments may be made from time to time. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities and all common areas in the project. 10 2001 4.4 4.5 4.6 4.7 4.8 SCHEDULE OF DEVELOPMENT/MONITORING REPORT A Site Development Plan shall be submitted per County regulations in effect at time of site plan submittal. The project is intended to be completed in one or two phases. A. The landowners shall proceed and be governed according to the time limits pursuant to Section 2.7.3.4 of the Land Development Code. B. Monitoring Report: An annual monitoring report shall be submitted pursuant to Section 2.7.3.6 of the Collier County Land Development Code. ENGINEERING A. Except as otherwise provided within this PUD Document, this project shall be required to meet all County Ordinances in effect at the time final construction documents are submitted for development approval. B. If the property is subdivided into three (3) or more parcels, a plat shall be required. PLANNING A. Pursuant to Section 2.2.25.8.1 of the Land Development Code, if during the course of site clearing, excavation or other construction activity a historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery sha~l be immediately stopped and the Collier County Code Enforcement Department contacted. WATER MANAGEMENT. A. The developer shall remove all exotics, debris, trash, and other significant impediments to the flow of waters for the total width and length of Horse Creek with the project boundary. TRANSPORTATION A. The project shall not have direct access onto Immokalee Road. Access points shall be limited to Veterans Park Drive or cross-accesses through adjoining parcels. 11 ITEM MAY 0 8 2001 4.9 Arterial level street lighting shall be provided where the Project's access intersects with Veterans Park Drive, prior to the issuance of Certificates of Occupancy. If a deceleration lane is deemed appropriate by the Collier County Development Services or Transportation Services Staff during the site plan review process, such deceleration lane shall be constructed by the Developer prior to the issuance of any certificates of occupancy. Do A "fair share" contribution toward a traffic signal at the intersection of Veterans Park Drive and Immokalee Road shall be required, if and when a signal system is deemed warranted by Collier County. Any signal system shall be owned and operated by Collier County. ENVIRONMENTAL This project shall comply with the environmental sections of the Collier County Land Development Code and the Conservation and Coastal Management Element of the Comprehensive Plan in effect at the time of final development order approval. B° An exotic vegetation removal and maintenance plan shall be provided at the time of site development plan or plat/plans submittal, in accordance with Section 3.9.6.6.5 of the Collier County Land Development Code, as amended. C° The petitioner shall retain a minimum of 15% of the existing native vegetation on-site or mitigate according to Section 3.9.5.5.4 of the Collier County Land Development Code, as amended. A gopher tortoise relocation/management plan shall be submitted, at the time of the next development order submittal, in accordance with Section 3.11 of the Collier County Land Development Code, as amended. The project's environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules and applications and shall be subject to review and approval by Collier County Planning Services Sections Staff. Buffers shall be provided around wetlands, extending at least 15 feet landward from the edge of the wetlands in all places and averaging 25 feet from the edge of wetlands. Where natural buffers are not possible, structural buffers shall be provided in accordance with the State of Florida 12 MAT 0 8 2001 Environmental Resource Permit Rules and be subject to review and approval by Collier County Planning Services Section Staff. 13 MAY 0 {S 2001 EXHIBIT "A" EXECUTIVE SUMMARY AN ORDINANCE AMENDING ORDINANCE NO. 87-100, AS AMENDED, WHICH CREATED THE LELY GOLF ESTATES BEAUTIFICATION MUNICIPAL SERVICE TAXING UNIT; AMENDING SECTIONS ONE AND FOUR TO INCREASE THE MILLAGE FROM ONE AND ONE-HALF TO TWO MILS; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE COLLIER COUNTY CODES OF LAWS AND ORDINANCES; PROVDING FOR AN EFFECTIVE DATE. OBJECTIVE: To obtain Board approval of an ordinance amending Ordinance 87-100, as amended, to increase the millage rate from one and one-half to two mils. CONSIDERATIONS: The Lely Golf Estates MSTU Beautification Advisory Committee requested County staff take the necessary steps for the Board of County Commissioners to consider an increase in the current millage rate in order to keep abreast of contractual cost increases. To that end, staff prepared the requisite paperwork requesting Board direction. On January 9, 2001, the Board approved Agenda Item 16(B)(2) for consideration of the millage rate increase. FISCAL IMPACT: By increasing the millage rate from one and one-half to two mils, the Lely Beautification MSTU will generate an additional $37,200 in revenue annually. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board adopt an ordinance amending Ordinance 87-100, as amended, increasing the millage rate from one and one-half to two mils for the Lely Golf Estates Beautification MSTU.  Engineer II,: Petersen,Landscape Operations REVIEWED BY: Pame~.~ lich pe ¢'rations ~. ~ Manager REVIEWED BY: ~.~/~/. Kant, ~~ati °n OPerati°ns Direct°r APPROVED BY: lq~r~han E. Feder, AICP, Transportation Administrator DATE: DATE: DATE: DATE: ORDINANCE NO. 2001-__ AN ORDINANCE AMENDING ORDINANCE NO. 87-100, AS AMENDED, WHICH CREATED THE LELY GOLF ESTATES BEAUTIFICATION MUNICIPAL SERVICE TAXING UNIT; AMENDING SECTIONS ONE AND FOUR TO INCREASE THE MILLAGE FROM ONE AND ONE-HALF TO TWO MILS; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on December 22, 1987, the Board of County Commissioners adopted Ordinance No. 87-100, which created the Lely Golf Estates Beautification Municipal Service Taxing Unit; and WHEREAS, the Board of County Commissioners desires to increase the maximum millage rate from one and one-half to two mils. NOW, THI~REFORE, BE 1T ORDAINED BY THE COMMISSIO~RS OF COT.T.mR COUNTY, FLORIDA; that: BOARD OF COUNTY SECTION ONE. Amendment to Section One of Ordinance No. 87-100, As Amended. Section One is hereby mended to read as follows: SECTION ONE. Lely Golf Estates Beautification Mu~cipal Service Taxing Unit Created, Boundaries, Purposes, Taxing Authority. There is hereby created the Lely Golf Estates Beautification Municipal Service Taxing Unit (hereinafter referred to as the "Unit") with boundaries described as follows: All lands within the platted boundaries of Lely Golf Estates Unit No. 1, as recorded in Plat Book 8, Page 49, of the Public Records of Collier County, Florida; Less and except that Westerly Florida Power & Light Company Easement; and All lands within the platted boundaries of Lely Golf Estates Unit No. 2, as recorded in Plat Book 8, Page 58, of the Public Records of Collier County, Florida: and All lands within the platted boundaries of Lely Golf Estates Porest Hills Section, as recorded in Plat Book 10, Page 84, of the Public Records of Collier County, Florida; and All lands within the platted boundaries of Lely Golf Estates St. Andrews East, as recorded in Plat Book 10, Page 98, of th Public Records of Collier County, Florida; Less and except Lots 11-12-13, Block 29; Lots 1-2, Block 30, and Lot 1, Block 31, vacated September 5, 1978, recorded in Public Records Book 770, Pages 1539-1541; and All lands within the platted boundaries of Lely Golf Est, recorded in Plat Book 10, Page 93, of the Public Records of C Less and except that portion of Tract J of the following: Words underlined are additions, words :..'wac!: +.~..~ugh are ,llier {~L(~N~.'~~ _ MAY 0 8 2001 BEGIN at the Southeast comer of Section 19, Township 50 South, Range 26 East, run North 39° 06' 20" West, 359.82 feet; thence South 50° 53' 40" West 473.35 feet to the Easterly right-of-way line of S.R. 90, U.S. 41 (Tannami Trail); thence North 39° 06' 20" West, along said fight-of-way line 550.00 feet; thence North 50° 53' 40" East 604.72 feet to the Easterly boundary line of said Tract J; thence South 58° 29' 44" East along said Easterly boundary of said Tract J 580.78 feet; thence South 2° 44' 35" West 485.94 feet to POINT OF BEGINNING; and All lands within the platted boundaries of Pinehurst Estates, as recorded in Plat Book 12, Page I of the Public Records of Collier County, Florida; and Lands within the platted boundaries of Lely Golf Estates Tract Map, as recorded in Plat Book 8, Page 20, of the Public Records of Collier County, Florida, as described as: The North 300 feet of Tract A; and That Parcel as described in Official Records Book 1233, Pages 2220 and 2221 of the Public Records of Collier County, Florida, and being more particularly described as follows: Commence at a point where the Southwesterly right-of-way line of Forest Hills Boulevard intersects the East line of Section 19 and mn North 44° 48' 32" West, along said right-of-way line, for 675.54 feet to the Northerly most comer of Lot 7, Block 24 of Lely Golf Estates, Forest Hills Section as recorded in Plat Book 10, Page 84, Collier County Records, for POINT OF BEGINNING; thence run South 45° 11' 28" West for 149.07 feet; thence North 43° 33' 59" West for 128.61 feet; thence North 62° 59' 42" West for 51.57 feet; thence North 24° 08' 16" West for 51.57 feet; thence North 43° 33' 59" West for 237.39 feet; thence North 32° 04' 50" West for 205.38 feet; thence North 77* 23' 56" East for 200.27 feet; thence South 50° 44' 51" East for 351.14 feet; thence South 62° 57' 15" East for 218.36 feet; thence South 45° 11' 28" West for 180.00 feet to the POINT OF BEGINNING and containing 3.51 acres more or less; and All of Tract K. The Unit hereby created and established is for the purposes of beautifying and maintaining the median strips of streets and certain other public areas within the Unit as determined by the Advisory Committee. Said Unit shall have the authority to levy ad valorem taxes as prescribed by law not to exceed erie ~.~nd ch: k~Cf (! !/2) two (2) mils in any one fiscal year. SECTION TWO. Amendment to Section Four of Collier County Ordinance No. 87-100, as Amended. Section Four is hereby amended to read as follows: SECTION FOUR. Itemized Budget. For the purpose of implementing this Ordinance, the Board of County Commissioners shall annually, at the time required by general law, make an money required to carry out the business of the Unit for the MAY 0 8 2001 October 1 to and including September 30 following. The estimate shall have for what purpose the monies are required and the amount necessary to be raised by taxation within the Unit. At the item and place for fixing the annual rate of taxation for County purposes, the Board of County Commissioners shall fix and cause to be levied on all property within the Unit subject to taxation a millage sufficient to meet the purposes and obligations of the Unit; provided, however, the total millage shall not exceed one ~n~ one half (! :/2) two (2) mils in any one fiscal year. SECTION THREE. Conflict and Severability. In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION FOUR. Inclusion in the Code of Laws and Ordinances. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed io "section", "article", or any other appropriate word. SECTION FIVE. Effective Date. This Ordinance shall be effective upon filing with the Florida Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this __ day of 2001. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COl I .IF~R COUNTY, FLORIDA By: - 3- JAMES D. ! No._._.~, l / MAY 0 8 2001 pg. '~ _ Approved as to form and legal sufficiency: Heidi F. Ashton Assistant County Attorney h:/Hl:~AkOrd2~l-L~lyC~ltE~t~ MSTU No.__~/~ ~;, __ MAY 0 8 2001 Pg. ~ FILE No.866 04×20 '01 09:18 ID:CC TRANSPORTATION FAX:659 5787 PAGE 1 · I I Trazz$' 2705 South Horsest~oe Dnve. Naples, FL · 34104 Fax Trans mitt~ Pages (inc{. cc From: Subject: Return receipt requ~ed: Other: Mess~ e HAY O8 FILE No.866 04×20 '01 09:19 ID:CC TRANSPORTATION FAX:659 578? PAGE 2. 3. 4. 5. 6. Meeting called to order Roll Call Approval of Minutes - Meeting of September 7, 2000 Landscape Maintenance Report Landscape Architect's Report Transportation Operations Report- Bob Petemon, Mike Levy A. Budget Review Committee Members' Reports A. George Pearson B. Bob Cole C. Bob Weyers D. Al LePain E. Bill Erickson Old Business New Business 10. Adjournment AGI=un~"EM NAY 0 8 2001 Po. FILE No.866 04/20 '01 09:19 ID:CC TRANSPORTATION FAX:659 5787 PAGE 3 Lely Golf :Estates Beautification Advisory Committee .qVlinutes - ~leeting of September 7, 2000 SUMMARY OF RECOMMENDATIONS & MOTIONS Minutes of August 11~ - Bob Cole moved to accept the minutes as submitted; seconded by Bill Erickson and carried unanimously. TRANSPORTATION OPERATIONS REPORT Bo Bob Petemen advised that the millage for the MSTU is at the maximum of 1.5 mills. By increasing the millage to 2 mills, enough revenue (approximately $148,000) would be generated to replace the irrigation system. A bdef discussion ensued. Bill Erickson made a motion authorizing the preparation of an Executive Summary to increase the millage to 2 mills for FY 2001-02; seconded by Bob Cole and carried unanimously. Four bids for the landscape maintenance were received, Mr. Petersen advised that Vai Prince did a lot of work in preparing the bid. Documentation was provided and reviewed, Only one contractor was in compliance, which is the current contractor. After a brief discussion, Bob Cote moved to accept the contract as presented; seconded by Bill Erickson and carded unanimously. No._ ~ ~/-/J¢ -- MAY O 8 2001 FILE No.866 04/20 '0! 09:19 ID:CC TRANSPORTATION FAX:659 5787 P~GE 4 Lely Golf Estates Beautification Advisory Committee :?Vlinutes - ¢~leet'ing of September 7, 2000 Meeting called to order at 4:05 p.m. Location - Transportation Operations Department Conference Room. Attendance Taken: Present- Robert Cole, George Pearson, Bill Erickson, members; Robert Peterson and Mike Levy, Transportation Services; Robert Kindelan, Commercial Land Maintenance; Mike McGee, McGee & Associates; Jacqueline Silano, recording secretary. Excused Absence: Robert Weyers and Ai LePain, members. Minutes of August 11~ Bob Cole moved to accept the minutes as submitted; seconded by Bill Efickson and carried unanimously. LANDSCAPE MAINTENANCE REPORT Mr. Kindelan advised that routine maintenance was performed; the turf and plants were treated with insecticide and insecticide; fertilization is under way; sequestered iron has been added. B. There are still some irrigation problems on Pebble Beach Blvd. Some sections of the porous pipe have pinholes. Bob Petersen'wili try to determine the cause. The bougainvillea will be trimmed by 50% in September; the palms were trimmed last month. The junipers at the tip of the median on St. Andrews and Pebble Beach will be removed. The leaders on four hollies were accidentally cut. Mr. Kindelan said they would replace them or give credit. The consensus was not to replace them. E. Four areas of turf need to be replaced when funds become available. F. The members and Mike McGee agreed that the project looks good LANDSCAPE ARCHITECT'S REPORT A. Mike recommended mulching and some plants be replaced when funds become available. There was some discussion regarding converting the irrigation system to a pop up system. Some of the porous pipe may still be under the eight-year warranty. No.__. :tq [~ ~ ;~ MAY 0 8 200] Pg. I~ FILE No.866 04×20 '01 09:19 ID:CC TRANSPORTRTION FAX:659 5787 PRGE 5 7. TRANSPORTATION OPERATIONS REPORT A. Mike Levy provided copies of the current budget, which was reviewed. Bob Petersen advised that the millage for the MSTU is at the maximum of 1.5 mills. By increasing the millage to 2 mills, enough revenue (approximately $148,000) would be generated to replace the irrigation system. A brief discussion ensued. Bill Erickson made a motion authorizing the preparation of an Executive Summary to increase the millage to 2 mills for FY 2001-02; seconded by Bob Cole and carried unanimously. Four bids for the landscape maintenance were received. Mr. Petersen advised that Val Prince did a lot of work in preparing the bid. Documentation was provided and reviewed. Only one contractor was in compliance, which is the current contractor. After a brief discussion, Bob Cole moved to accept the contract as presented; seconded by Bill Edckson and carried unanimously. As there was no further business to discuss, the meeting was adjourned at 5:00 p.m. The next meeting will be held on Friday, October 13"' @ 4:00 p_m. at the Transportation Operations conference room on .~utb.t-J.omeshoe_Dr. iv~ - MAY 0 8 2001 pg. I0 Se~vte~n~er 7, ;tooo £e~.~l 6o¢f 'Estates 'l~eautification ~isor¥ Com~n. tttee 'l'age e of e EXECUTIVE SUMMARY PETITION NO. HD-2001-AR-404, RON JAMRO, COLLIER COUNTY MUSEUM DIRECTOR, REQUESTING THE BOARD OF COUNTY COMMISSIONERS TO OFFICIALLY DESIGNATE TRACT "D" OF ROBERTS RANCH AS A HISTORICALLY SIGNIFICANT SITE FOR PROPERTY LOCATED ON THE SOUTH SIDE OF ROBERTS AVENUE AND WITHIN THE R. ROBERTS ESTATE PUD, IN SECTION 4, TOWNSHIP 47 SOUTH, RANGE 29 EAST, COLLIER COUNTY, IMMOKALEE, FLORIDA, CONSISTING OF APPROXIMATELY 8.8 ACRES. OBJECTIVE: This petition seeks to have the Collier County Board of County Commissioners officially designate Tract "D" of Roberts Ranch as historically significant by virtue of the historical importance of the ranch as one of the first pioneering efforts to establish cattle ranching in Southwest Florida. This designation is intended to protect, preserve, and perpetuate Collier County's historic heritage, which is in the best interest of the community. CONSIDERATIONS: On August 7, 1991, the Board of County Commissioners adopted Ordinance 91-70 establishing the Historical and Archaeological Preservation Ordinance. This Ordinance was subsequently incorporated into the Land Development Code in Section 2.2.25 and Division 5.14. These regulations were enacted to protect, preserve, and perpetuate Collier County's historic and archaeological sites, districts, structures, buildings and properties. The subject site was rezoned to the R. Roberts Estate PUD in 1992. At that time, Tract "E" was designated in the PUD document and on the Master Plan as an "Historic Site" permitting other related uses such as a museum, storage and display of historical records, library/community meeting room and any structure depicting the residency of the Roberts family. This 4.1-acre tract was subsequently dedicated to Collier County and subsequently designated historic in 1997. Since Tract "D" of Roberts Ranch also contains many of the original ranch structures (such as the bunkhouse, kitchen, barn, horse stalls, hide house and a shed), it is also eligible for historic designation. The Roberts family sold Tract "D" to Collier County in October 1999 for $600,000 so it could be combined with Tract "E" and operated as a working ranch museum. Tract "D" of Roberts Ranch represents two major aspects of historical significance as follows: 1) In association with distinctive elements of the cultural, social, ethnic, political, economic, scientific, religious, prehistoric and architectural history that have contributed to the pattern of history in Immokalee and in Collier County. 2) In association with the lives of persons significant in local history. The Collier County Historical/Archaeological Preservation Board reviewed and considered the request to historically designate Tract "D" of Roberts Ranch during their public meeting on January 19, 2001. During this meeting the Preservation Board voted unanimously to nominate Tract "D" as historically significant. - nara~ ~ MAY 0 g 2001 This historic nomination recognizes the important role the ranch played in association with Robert Roberts in the settlement of Immokalee and Collier County. The application indicates that Tract "D" meets two of the designation criteria listed in Section 2.2.25.5.1 of the Land Development Code for historic sites. Please note that only one of the required criteria needs to be fulfilled for consideration by the Board of County Commissioners for official designation. Roberts Ranch exemplifies the cultural, economic and historic growth of the ranching industry in Collier County. The Robert Roberts homestead is typical of the first pioneering efforts at establishing ranches in Southwest Florida. The Roberts family moved their ranching operation to Immokalee in 1914. This was a time when Immokalee was only a small settlement of six or eight families and was surrounded by a vast wilderness. Immokalee and the ranch continued to grow in relative isolation until 1921 when the Atlantic Coast Line Railway completed its line into Immokalee from Sebring. Thus, Immokalee had the distinction of having the first railroad connection in Collier County with the larger communities to the north. The railroad was of great importance to the growth of the ranching operation in Southwest Florida. Because of his successful ranching operation, R. Roberts was able to withstand efforts from Barron Collier to buy his land after the railroad connections were made. According to a February 17, 1954 article in the Fort Myers Newspress, "Roberts Ranch was the first individual ranch in Immokalee. R. Roberts was also the first man to lease grazing land from the Collier Company, and the first man to buy land in Collier County especially for ranch land." The family started the Red Cattle Corporation in Desoto County in 1902 with 24 cows. By 1914, Robert Roberts had accumulated 200 to 300 head of cattle. When the land was divided in 1981, there were close to 7,000 head of cattle. Working with native Florida scrub cattle, Roberts became a pioneer in cattle crossbreeding, attempting to introduce the more desirable characteristics of Red Devon cattle to the local herds. His success in upgrading to a better breed of steer has made an instant and lasting impact on the local cattle industry. "Because of the early success of the ranching operation, the family was able to buy or lease approximately 15,000 acres of grazing land in the Immokalee area. At the time of his death in 1963, Roberts owned more than 40,000 acres of land." (Naples Daily News, August 3, 1996). In addition, the Roberts Ranch is an excellent example of the ranch style architecture that was typical of the time. It was in operation from its inception in 1914 until the 1960's. According to a 1985 survey by Florida Preservation Services, the only other known ranch in the area dating from the 1920 is the Kennedy Carson Ranch, which is in eastern Collier County. The Roberts family built and/or rebuilt all the structures between the 1920s and the 1960s. By nature, the support of range cattle did not require extensive outbuildings. Each of the structures iljustrates a unique aspect of ranching life. Their simple and functional architecture is also typical of the period. The original residence (in Tract "D") was a small log cabin, which was destroyed in the early 1920s. Today, a few logs still remain marking the cabin's original foundation. The cabin was replaced in 1924 by a two-story wood frame bungalow about 100 yards to the southeast in Tract "E". The Roberts' outbuildings are very accurate examples of the 1920s farms, which were being built as a result of increased education on the part of rural farmers and ranchers who participated in the home extension program. The wood smokehouse is a good example of the type built in the 1920s after the influence of the home extension programs. It had an innovative upper and side screen vents as a method for smoke exit. The privy is an improved form built on a concrete waste unit. 2 MAY 0 8 2001 -,i The unit was ventilated through a diagonal wood vent across the comer. This is the only surviving example in Collier County. The bungalow and out buildings were also constructed from lumber that was provided by a local sawmill. Robert and Sarah Roberts and their nine children have been an instrumental force in shaping both the social and economic livelihood of Immokalee. They moved from Ona, Florida to the 60~acre parcel that would become Roberts Ranch. During these early years, Roberts helped to build the Immokalee Post Office that was founded by Mrs. Alice Platt. He is also one of the organizers of the Cattlemen's Association. Later, R. Roberts became the first Collier County Commissioner from Immokalee in 1923 where he served as County Commissioner for six years. He also formed the Masonic Lodge in 1954 with eleven other members, donating the land on which the lodge stands. The family also helped build the Baptist Church where Robert served as a charter member. The church structure remains a landmark in town and now has been moved to Tract "E" of Roberts Ranch. Lastly R. Roberts also pioneered one of the first produce farms in Collier County. A portion of the original 60-acre tract was planted with orange groves and winter crops. However, due to the lack of roads to serve the southern portions of Collier County, the farming operation was not profitable, however, he did prove that winter crops could be raised in Immokalee. Tract "D" is currently designated for commercial and museum uses in the PUD Document. The intent is to combine Tracts "D" and "E" to allow for the preservation of a larger portion of the ranch and restore the ranch as a working museum. FISCAL IMPACT: The mere act of designating the site "Historic" by and of itself will have no fiscal impact on the County. However, designated sites and structures are eligible to receive any financial assistance set aside for historic preservation projects by Collier County, the State of Florida, or the federal government, provided it meets the requirements those financial assistance programs. GROWTH MANAGEMENT IMPACT: The subject property is designated Commerce Center/Mixed Use Sub-district as shown on the Immokalee Future Land Use Map. This designation is designed to function as an employment center and encourages commercial and institutional uses. Uses permitted within this sub-district include shopping centers, govermnental institutions, museums, and residential uses. Therefore, this petition for historic designation has been found consistent with the Immokalee Master Plan and the Collier County Growth Management Plan. ENVIRONMENTAL ISSUES: Since the subject site does not contain any wetland areas and will not adversely impact any wildlife issues, no Environmental Impact Statement (EIS) is required. HISTORICAL AND ARCHAEOLOGICAL PRESERVATION BOARD: Commissioners with a recommendation to officially designate Tract "D" as historic. The Collier County Historical and Archaeological Preservation Board voted 6 to 0 to nominate Tract "D" as a historically significant site and to forward Petition HD-2001-AR-404 to the Board ,,c MAT 0 8 2001 PLANNING SERVICES STAFF RECOMMENDATION: Planning Services Staff has referred this petition to all appropriate County Agencies for their review and recommendation. Based upon their analysis, staff recommends that the Board of County Commissioners designate Tract "D" of Roberts Ranch as an historic site. PREPARED BY: Y ~LL6~V'~, PRINCIPAL PLANNER CURRENT PLANNING SECTION DATE REVIEWED BY: SUSAN MURRAY, AICP, ACTINCd',.~qANAGER CURRENT,,~ PLANNING~'~ .~ SyCTION THO~ P.E., ACTING DIRECTOR PLANNING SERVICES DEPARTMENT DATE DATE APPROVED BY: ~ ', ~ "----'x / /'i j~ ~vl. D[ ~C~/~: I~), INTERIM ADMINISTRATOR C~ITY DEV. AND ENVIRONMENTAL SVCS. DATE HD-2001-AR~404/EX SUMMARY/RVB/rb MAY 0 8 2001 I | MAY 0 8 2001 COLLIER COUNTY APPLICATION FOR HISTORIC DESIGNATION HD-2001 -AR-404 Roberts Ranch Project # 2001020051 Date: 2/20/01 (This is a petition to designate a Site, District, Structure, Building, or Property as historically significant Pursuant to Section 2.2.25 of the Collier County Land Development Code) PETITION NO. HD-01-1 DATE PETITION RECEIVED January 18, 2001 PRINCIPAL PLANNER: Raymond Bellows, Principal Planner OWNER'S NAME: Collier County Government OWNER'S ADDRESS: 3301 Tamiami Trail East, Naples, Florida 34112 TELEPHONE: 941-774-8476 PETITIONERS NAME: (if different from owner) Collier County Museum PETITIONERS' ADDRESS: 3301 Tamiami Trail East, Naples, Florida 34112 TELEPHONE: 941-774-8580 LEGAL DESCRIPTION OF SUBJECT PROPERTY ~ TRACT: "D" Roberts Ridge Subdivision BLOCK(S): N/A PLAT BOOK: 25 PAGES: 100 and 101, Public Record of Collier County, Florida. - Parcel Id. # 70690000709 UNIT SECTION 4 TWP. 47S RANGE 29E (If legal description is lengthy, i.e. metes & bounds description, attach additional page) CURRENT ZONING OF SUBJECT PROPERTY: R. Roberts Estate PUD EXISTING LAND USE OF SUBJECT PROPERTY: Please provide a brief description of the existing and historical land use and structures on the subject site and reference the attached designation criteria where applicable. (Attach additional page if necessary) Tract D is part of the original Roberts family cattle ranch that was in operation from 1914 to 1980. The family sold this tract to Collier County in October 1999 for $600,000. This portion of the ranch combined with Tract "E", which was designated "Historic" in 1997, represent approximately 15 acres of land. The proposed adaptive reuse of the ranch will be for a living history museum. The existing buildings (bunk house, barn, corral, etc.) will be restored and interpreted as part of the museum program. The ranch is one of the oldest cattle ranches in continuous operation in Florida. 0 8 2001 Furthermore, cattle ranching was and continues to be an important industry in South Florida. Since the ranch was managed and operated by one of Immokalee's founding families and owing to the unique qualities of the site (original buildings remain unchanged), the site represents mt opportunity to showcase pioneer life in Collier County by educating the public through tours and programs conducted at the ranch. ADJACENT ZONING AND LAND USE: (Provide brief descriptions of the surrounding land use and zoning designations.) The subject site is located within the Immokalee Urban Area and the Commerce Center/Mixed Use Subdistrict as shown on the Immokalee Future Land Use Map. To the north is Roberts Avenue and residential dwellings zoned RSF~3. To the east is Tract "D" of the R. Roberts Estate PUD that was designated historic in 1997. To the south is Tract "C" that contains an existing orange grove and allows for other commercial uses. DESIGNATION CRITERIA: The Designation of Historical/Archaeological Sites, Structures, Districts, Buildings and Properties as "Historically Significant" is authorized by Section 2.2.25.5 of the Collier County Land Development Code. The recommendation of the Historical and Archaeological Preservation Board and the decision of the Board of County Commissioners will be based on the following criteria as found in Section 2.2.25.1 of the LDC. Please circle the criteria and/or provide a detailed response, including any documentation or other resources, which is applicable to this petition. For consideration by the Board of County Commissioners, the petition need only meet one of the required criteria. However, a detailed response should be provided to any of the criteria, which appear relevant. Association with distinctive elements of the cultural, social, ethnic, political, economic, scientific, religious, prehistoric and architectural history that have contributed to the pattern of history in the community, Collier County, the state or the nation; or o Association with the lives of persons significant in history; or Embodiment of the distinctive characteristics of a type, period, method or materials of construction, or that possess high artistic values, quality of design and craftsmanship, of that represent an individual architect or builder's prominence or contribution to the development of Collier County, Florida; or Location of historic or prehistoric activities such as habitation, religious, ceremonial, burial, fortification, etc. during a particular period to time, and may maintain a sufficient degree of environmental integrity to reflect some aspect of the relationship of the site's original occupants to the environment; or An historic or prehistoric site which has been severely disturbed but which may still allow useful and representative data to be recovered; or Have yielded or are likely to yield information on local history or prehistory; or Derive their primary significance from architectural or artistic distinction of historical importance; or I~.~[ ~7 F MAY 0 8 2001 2 10. 11. Is the birthplace or-grave of an historical figure or is a cemetery which derives its prima~ significance from graves of persons of transcendent importance, from age, distinctive design features, or from association with historic events; or · A building or structure removed from its location which is primarily significant for architectural value, or is the surviving structure most importantly associated with an historic period, person or event; or ' A property primarily commemorative in intent if design, age, tradition or symbolic value has invested it with its own historical significance; or Are listed in the National Register or Historic Places. "- ~ SIGNATURE DATE PEI'ITIONER'S SIGNATURE (If different from owner) DATE Historic Preservation/Forms/Historic Designation Application/RB/rb 0 8 2001 DESIGNATION CRITERIA: Association with distinctive elements of the cultural, social, ethnic, political, economic, scientific, religious, prehistoric and architectural history that have contributed to the pattern of history in the community, Collier county, the state of the nation. Robert Ranch exemplifies the history of the ranching industry in Collier County. From its founding aa "Allen's Place" in 1873 to the Roberts family's arrival in 1914, the community of Immokalee had grown from wilderness to a small settlement of six or eight families. The Robert Roberts homestead is typical of the first pioneering efforts at establishing ranches in Southwest Florida. A 198.5 Collier County Historic Survey by Florida Preservation Services notes that "the ranch was headquartered at lmmokalee but cowboys went out from the ranch to remote areas to check on cattle and round them up when time came to sell or mark them." According to a February 17, 1954 article in the Fort Myers Newspress, Roberts was "the first individual ranch in Immokalee, the first man to lease grazing land from the Collier Company, and the first man to buy land especially for ranch land." As R.A. Roberts recalled in 1989. "The family started the Red Cattle Corporation in Desoto County in 1902 with 24 cows. They moved to Immokalee in 1914 with 200 to 300 head of cattle. When the land was divided in 1981, there were close to 7,000 head of cattle." Working with the native Florida scrub earle, Roberts became a pioneer in cattle crossbreeding, attempting to introduce the more desirable characteristics of Red Devon cattle to the local herds. Upgrading to a better bred steer made an instant and lasting impact on the local cattle industry. The need for ranch land grew as well. "Robert Roberts Jr. Once owned or leased about 15,000 acres of grazing land in the Immokalee area for his 5,000 cattle. At the time of his death in 1963, he owned 40,000 acres." (Naples Daily News, August 3, 1996). Roberts Ranch is typical of ranch architecture. As a working ranch from its inception in the 1910s until the 1960s, Roberts Ranch is an excellent representative of the ranching operations in Southwest Florida. According to a 1985 County Historic Survey by Florida Preservation Services, the only other known ranch dating from the 1920s is the Kennedy Carson Ranch in a remote part of the county. Home to the Roberts Family and the Red Cattle Company, the slxucmres were. all built and/or rebuilt by the family between the 1920s and the 1960s. By nature, the support of range cattle did not require extensive outbuildings. Each of the structures, however iljustrates a unique aspect of ranching life. Their simple and functional architecture is also typical of the period. The earliest structure on the site was a 12' x 12' log cabin, however, only a few logs remain marking its original foundation on Tract D. Several outbuildings and the farm yard surrounded the cabin. The home was replaced in 1924 by a two story bungalow about 100 yards to the southeast of the original house on Tract E. Of primary interest is the two-story frane bungalow. MAY 0 B 2001 n. to I built in 1924 from lumber provided by a local sawmill owned by Leo and Pete Duke. Typical of the utilitarian nature of the operation, the nine-room house has a central hall design with formal parlor, dining areas, and kitchen on the first floor and four bedrooms on the second floor. The house is fronted by a screened porch. A brief description of other ranch buildings located on the adjacent property (Tract D) is taken from an Existing Conditions Assessment prepared by Chalmers Yeilding Architect in July 1993. Tract D is currently in private ownership and is not part of this application for historic designation at this time. Tract "D" contains the following structures: Kitchen: The kitchen is a 12 x 18 foot structure with 8 foot sheds added to each side. Built prior to 1914, the kitchen served the log cabin that existed on the site when the Roberts family moved to the area. Tractor Shed: A 24 foot square open sided pole structure constructed about 1950, the shed was used to store the tractor and associated equipment. Horse Barn: A 30 by 40 foot one story wood frame structure constructed in 1943, the barn houses four horse stalls as well as tack and feed storage. Smokehouse: A 1950 replacement for the original smokehouse, this 12 x 14 foot structure houses a vat used for curing hides. Bunkhouse: A 12 x 60 structure divided into six I0 x 12 foot rooms, the structures were moved to their present site in 1946 to house cowboys hired to work on the ranch. Horse Ramp: To the north of the bunkhouse is a ramp used to load horses onto trailers. Pumpshed: a 20 x 13 shed sheltering a pump, diesel engine and fuel tank for grove irrigation, the structure was built in 1962. Cane Vat: The cane vat was "used for rendering sugar cane juice into syrup, it was later used to dip hogs during the butchering process. The Cane vat was rebuilt in 1944 using materials from the original." O Well: approximately sixteen feet deep, the terra cotta clay pipe was the primary source of water at the ranch until it ran dry in 1962. Roberts Ranch pioneered the first produce farms in Collier County. When Roberts moved to Immokalee in 1914, a portion of the original sixty-acre tract was planted in orange groves. According to the Fort Myers Newspress, Bob Roberts, "put in the first produce farms in this area for corn and watermelon crop, and although he lost money and never tried again, he did prove that winter crops could be raised here. (May ~ HAY 0 8 2001 // o O Association with the lives of persons significant in history. The Roberts family has been a powerful force in shaping the community of lmmokalee. Robert and Sarah Roberts and their nine children have been insmmaental in shaping both the social economic livelihood of Immokalee. The Roberts family history in this country dates to the sixteenth century, when James Roberts immigrated from England. Centuries later, Robert and Sarah Roberts moved from Ona, Florida to the sixty-acre parcel that would become Roberts Ranch. Robert Roberts went on to establi.nh the lmmokalee Post Office in 1914 and became the first Collier County Commissioner from lmmokalee in 1923. He served as County Commissioner for six years. The Roberts formed the Masonic Lodge in 1954 with eleven other members, donating the land on which the Lodge stands. The family also helped to build the Baptist Church, with Robert Roberts serving as charter member. One of the organizers of the Cattlemen's Association, the Roberts family was honored as the "Pioneer and Agricultural Family of the Year' by the Immokalee Chamber of Commerce in 1992. The Fort Myers Newspress stated, "When one thinks of a typical Florida rancher, he automatically thinks of ~Llncle' Bob Roberts, Collier County's oldest active rancher." (February 17, 1954). ~mbodiment of the distinctive characteristics of a type, period, method, or materials of construction, or that possess high artistic values, quality of design and cml'roman,hip, or that represent an individual architect or builders prominence or contribution to the development of Collier County, Florida. Robert Ranch typifies early rural architecture. Roberts Ranch is a remarkably intact collection of residence and outbuildings with a high degree of architectural integrity. The two-story home, built in 1926, retains its ori~nal nine-room floor plan with beaded wall and ceiling paneling and much of the original furnishings. -6- MAY 0 8 2001 / / MAY 0 8 2001 Roberts Ranch Report December 2000 Donna Ridewood, Project Manager The Project The project seeks to restore the Roberts Ranch located in Immokalee for use as a living history museum The museum will iljustrate the story of cattle ranching and farming on the Florida frontier. The goal will be to present this important part of south Florida history through tours led by costumed interpreters. The site is about 15 acres in size and has 16 buildings and site features original to the property. All structural elements require restoration. A visitor's center and lecture hall (in a restored church) are planned for the western end of the property. Funding and Staffing Two major funding supplies, the state and county (TDC) have been targeted. The timing of grant applications and restrictions on the expenditure of awarded funds tend to slow the progress of the Ranch project. State funding requires a match from the county. As county funding is budgeted at a modest amount, the $1,000,000 plus project must be phased over the next five years. Staffing shortages reduce the ability to mount a major capital campaign. This capital campaign would target foundations and individuals for ~he restoration of the buildings as well as projects that the state would not fund, such as the visitor center, site improvements and lecture hall. State Grants $20,000 - Survey and Planning, July 27, 2000 to June 30, 2001 (No costs incurred prior to this starting date or after the dune 30, 2001 ending date wi/l be eligible for payment from grant fun&.) Grant has been officially awarded. The County is obligated to match $20,000 in cash and professional services. This grant is to be used to develop master plan, site plan, and interpretive plan. Certain permitting is also included in the scope of this grant. $142,392 - Special Category for Historic Preservation, July, 2001 to June 2002 (No costs incurred prior to this starting date or after the dune 30, 2001 ending dale will be eligible for payment from grant funds.) Grant has been announced, but not officially awarded. The County is obligated to match $124,976 in cash and professional services. MAY 0 8 2001~ This grant is to be used to assist with the initial phases of the restoration of certain buildings at the Ranch. Other Funding $20,000 donated for the restoration of the Baptist Church moved to the property several years ago. As the building is not original to the site, it is beyond the scope of state funding for the project. Other private and county funds will be needed. $9,000 raised by the Friends of Roberts Ranch from the Roundup. The two day event had its debut in April 2000. Another is planned for March 10 and 11,2001. The Friends have plans to produce a cookbook to raise funds throughout the year; currently, they sell tee shirts in the Collier County Museum's gift shop. Work Accomplished Progress since October 1999 includes the development of the site plan, site drawing, elevation of main house restoration, landscape plan for site, interpretive plan for site and identification of restoration needs on a building by building basis. The property received new fencing on three sides and new gates were installed. One building in danger of collapse was reinforced with guy wires (a temporary measure) and repairs were made to the roof of the main house. Other buildings were secured from vandals with locks or boards. One large artifact (the family car) was moved out of the sun into a shed for protection. The outhouse had to be relocated from the borderline of the property to approximately 20 feet within the fence line. An archaeological survey was conducted before the building was moved; the soil in the new location was deterlmned to be sterile and devoid of artifacts. Maintenance Ongoing maintenance includes lawn mowing, invasive exotic plant removal, fire ant control, and trimming vegetation from buildings. The main house is wired to a security alarm company to guard against break-ins. MAY 013 200~ Interpretive Plan for Roberts Ranch Pioneer Museum, Immokalee, FL The Ranch Roberts Ranch is one of Collier County' s premier historical resources and one of Florida's best and last examples of an authentic turn-of-the-century cattle ranch, citrus grove and pioneer homestead. The buildings and features have survived remarkably intact and are ideally suited to restoration and re-use as a living history museum. The physical relationships among and between the buildings and site features give clues to everyday life and work on the ranch. The pioneer settlement of southwest Florida is inextricably linked to the economies of cattle ranching and farming. This remote and difficult terrain was seen by the early twentieth century settlers as a new frontier on which to raise free-ranging cattle and develop arable land for vegetable and citrus fanning. These industries remain crucial to the economy of southwest Florida today. The Roberts family came to Immokalee from Ona, Florida in 1914. Their ranch, "The Red Cattle Company," was in continuous operation from 1914 until 1977. Robert Roberts, Jr. (1884-1963) was prominent in the colmnunity and founded the First Baptist Church in 1916, the Masonic Lodge in 1954 (he donated land for both buildings) and the first post office. He was one of the first Commissioners of the newly established Collier County, created in 1923. Mr. and Mrs. Roberts had nine children, two of whom survive today. As a member of Collier County's system of historical museums, Roberts Ranch will play an important role in the presentation of the County's history. It is owned by Collier County Government and administered the Collier County Museum. The museum will be staffed and operated by the County Museum with volunteer assistance from the Friends of the Museums, the local citizens support organization. Museum staff is working to place the Ranch on the National Register of Historic Places. Roberts Ranch will be developed and designed to acquaint and educate the public with Immokalee's rich farming and ranching heritage. As an outdoor classroom, Roberts Ranch will enrich the student's experience by presenting a wide variety of educational programs to complement both elementary and secondary school curricula. Site tours, lectures, exhibits and living history progrmns will accommodate a large, culturally diverse attdience by using an object-based, hands-on approach. An orientation video will be shown in the visitor center. Eventually, costumed interpreters will be on site to answer questions and guide visitors. Livestock will be added later to lend further authenticity to the experience. Vision To develop a living history museum on a 15.2 acre site with 13 original buildings, 4 site features and orange grove. And to interpret life on a pioneer cattle ranch and family homestead in southwest Florida. Area One Location On the northwestern portion of property with frontage on the major route through town, State Road 29. Visitor entrance to the site will be located on Roberts Avenue approximately 600' from the intersection with SR29. Site features The visitor center, lecture hall and parking facilities to be separated from the remainder of the property by native landscaping and fencing. The Visitor Center will be a modern, newly constructed 2,500 square foot building with museum offices, exhibition space, collections storage, gift shop, restroom facilities, and will serve as the site orientation area. The Lecture Hall will be located in the refurbished First Baptist Church (1928) adapted for use as a meeting place and lecture hall. The parking facility will be a new installation that will include 6 bus parking spaces and an automobile parking area in the orange grove somh of the visitor center. Area Two Location Located northeast of the visitor center, this area will include a staging area for visitors, an information kiosk, 10 original buildings and site features. The orange grove, located southeast of the visitor center, is included in this area. Site features The Cowboy L!fe area will be introduced with an informational kiosk that explains the daily work generally done by cowboys. Early homestead activities will also be interpreted here. The area is defined by fences and buildings and includes: horse ramp, bunkhouse, log house foundation, hide house, syrup kettle, well, shed, horse barn, stall and Orange Grove One of the oldest groves in Collier County will be regularly maintained. Area Three Location Southeast of the visitor center, this area is bounded by Roberts Avenue (north), a proposed roadway known as the 11 th Avenue extension (east) and a chain link fence (south). This area will include an information kiosk, 8 original structures and site features, 1 reconstructed feature and one restroom facilities rest area. Site features The Homestead area will include an information kiosk about daily life on the Ranch. This area of the Ranch was where the Roberts family lived after 1926. Included here are: main house, equipment shed, maid's quarters, smokehouse, outhouse, chicken pen, and tractor shed. Collier County Museums, 3301 Tamiami Trail £., Naples, FL 34112 Ron damro, Director941-774-8476 Donna Ridewood, Project Manager 941-695-~ 1008 AC~r. NDA ITEIVl ,,, .-~.- · MAY 0 8 2001 /7 0 0 The Bunkhouse (1) 75% of this structure was destroyed by fire in 1999. Great care should be taken to document the remaining structure and as much of the original construction should be salvaged and protected against further deterioration fi.om the elements. The remaining structure should be repaired with similar materials and reinforced to protect against structural failure. The part of the building destroyed by fire should be rebuilt with new materials matching the original materials to the greatest extent possible. Horse Ramp (2) This ramp was used to load the cow ponies onto a trailer to be transported to the working pasture. The Horse ramp is in poor condition and should be reconstructed using as much of the original wood as possible. Old wood or wood of similar species should be used to reconstruct the ramp. ~¥ 0 8 2001 3 Kitchen (3) The Kitchen is one of the oldest structures on the property and is a wood structure on wood foundation with single thickness vertical siding. The shed wings on each side were added to the structure at a later time. It is in fair condition and currently has a metal roof. Deteriorated portions of the structure should be repaired with materials that match the existing. The Shed roof wings should be removed to reflect the structure at the earliest date that can be determined. Horse Barn (4) The Horse Barn is a simple wood structure that contains 4 horse stalls on one side and tack feed and storage on the other organized along a center aisle. Much of the vertical siding is deteriorated and much of this siding has been repaired through the years using other kinds of wood and in a few areas some metal. This repair work should stay intact as evidence of the ingenuity and resourcefulness used in a working ranch. Most of the structures on this part of the site were painted an unusual green that is very distinctive. This color should be retained on all the buildings that were this color. 2001 Hide house (5) The Hide house is similar to the Barn in construction and was probably erected near the same time. This structure is in fair condition and needs some repair to the siding and roofing. It is also was painted to match other buildings on this portion of the property and the color should be retained. Horse stalls and fencing (6) The Horse stalls and fencing are connected to the barn and enclose a small area for turning-out of the horses. The fence is a combination of rail and wire fencing that should be restored to the original configuration as much as possible. There are also two small horse stalls associated with this area. Many pieces of fencing and old wood are stored around the property and should be used to restore the fence and stalls. MAT 0 8 2001 Syrup Kettle (7) The syrup kettle was used to render syrup from sugar cane. It was constructed of various bricks, stones and cement with truck or buggy leaf springs used for lintels over the stoker opening. This structure should be stabilized so as not to deteriorate further and have some limited reconstruction so as not to overshadow the original work. Initials of a Roberts family member are inscribed in the horizontal surface of the cement work with a date. These are important elements of the structure that should be retained and protected. Well (8) The well and associated wood pole structure, draw pulley assembly and clay pipe base are original elements of the well and are in good condition. The well is currently boarded for safety, however a strategy should be developed for making the well safe without detracting fi'om the original elements with external construction. An internal closure or screen should be investigated as a way to make the well safe without sacrificing the original look of the well. MAY 0 8 001 Shed (9) This is a simple open pole shed that has collapsed. The building houses equipment, some of which is under the fallen roof. The roof however is fairly intact and may be able to be lifted in one piece. New poles should be set, repairs and structural reinforcements should be made and the roof should be set back in to its original position. Garage (10) The garage is a wood structure with corrugated metal siding and roof panels. The Roberts family car and hand tools were stored here. The building is in fair condition. The roof should be replaced with material to match the original. Some minor structural reinforcing may be necessary together with replacement of a few siding panels. ;4,:,7 ~ G 2001 Roberts' Family Home (11) The two story wood flame home is elevated on a series of concrete piers. The house is in fair condition with many of the interior rooms in original condition. The house is currently sheathed in an asbestos-like siding shingle that is not original to the house. The original siding may be a cypress horizontal shiplap siding as used on the nearby smokehouse. The condition of the material is not known at this time. A few additions and modifications to the house are apparent and are confirmed through photos and family member accounts of the original structure. The structure should be returned to its original form and finish in as much as can be determined. This work will include but would not be limited to: Removing some more recent additions and improvements at the back of the house and restoring those areas to the original spaces. Removing the current siding and assessing the condition of the original siding and replacing or repairing as necessary. Restoring the kitchen to original form and finish. Additionally all of the systems must be checked and replaced if found to be unserviceable. ~4AY O~ 2~01 Smoke House (12) The Smoke House is in fair original condition with the hanging metal meat hook rack in place. The interior ceiling and walls are blackened with soot from the smoking process. The siding on this structure is a cypress horizontal shiplap siding that was painted white, consistent with other structures at this location on the property. Deteriorated siding at the base of the building should be replaced with matching material. The insect and vermin screens need replaced and the building should be painted to the original white color. The building currently has a metal roof over shingles. Investigation should be performed to determine the original roof material. Maid' s House (13) The Maid's House is a wood structure slightly elevated above grade on round wood piers sunk into the earth. The condition of this structure is fair and exhibits some deterioration at the base and in the floor structure. It has original interior sliding wood panels that cover the screened glassless window openings. Various size pieces of cardboard are stapled to the interior walls to provide some insulation and prevent air infiltration through the single plank sheathing that make up the skin of the building. Care should be taken to preserve the structure interior. Replace as necessary structural members in the floor and any deteriorated planking. Outhouse (14) The Outhouse is a wood structure built over a concrete cesspool. It is in fair original condition with the original outhouse seat and lid construction intact. The structure is sided with cypress boards, as are other structures in this part of the ranch, and is in need of some minor repair. Old wood or wood as close to the original should be used in the repairs. The structure should be repainted with the original color. The door is currently off the building and should be refurbished and remounted. Chicken yard (15) The Structure in the chicken yard is of simple utilitarian construction consisting of wood posts set directly in the earth with southern pine framing and metal sheathing and roofing. The structure should be repaired with similar materials and made structurally sound. There is a wood gate entry that should be refurbished and remounted. MAY 0 81 d~O01 Cow Truck & Tractor Shed (16) The Cow Truck & Tractor shed is in need of immediate structural bracing to prevent a total collapse. The structure is of basic pole construction with Southern Pine beams and roof fi'aming. The shed roof wings of the shed were probably an addition and added at two different times as evidenced by wood poles being used on one side while steel post where used on the opposite side. This kind of building is consistent with early utilitarian buildings in that they probably used what ever was available at the time to construct what was needed. Many times these materials were scavenged fi.om other structures. This structure should be stabiliTed, righted and any material that is beyond salvage should be replaced with similar materials. The Metal roof should also be repaired as needed. 14AY 0 8 2001 ll RESOLUTION 01- A RESOLUTION DESIGNATING THE HEREIN DESCRIBED PROPERTY, COMMONLY KNOWN AS ROBERTS RANCH (TRACT "D"), AS A HISTORICALLY SIGNIFICANT SITE, PURSUANT TO THE COLLIER COUNTY HISTORICAL AND ARCHAEOLOGICAL PRESERVATION REGULATIONS AS PROVIDED FOR IN THE COLLIER COUNTY LAND DEVELOPMENT CODE. WHEREAS, the Board of County Commissioners of Collier County adopted Ordinance No. 91-70, the Historical and Archaeological Preservation Ordinance, on August 7, 1991, and subsequently incorporated this Ordinance into Section 2.2.25 and Div. 5.14, Collier County Land Development Code, Ordinance No. 92-102; and WHEREAS, the Board of County Commissioners of Collier County seeks to recognize the importance and significance of Collier County's historical heritage, and to this end has enacted regulations to protect, preserve, and perpetuate Collier County's historic and archaeological sites, districts, structures, buildings and properties; and WHEREAS, Sec. 2.2.25.5, Land Development Code, provides for official designation of particular sites as historically significant and Sec. 2.2.25.6 provides regulations to maintain the historic character of officially designated properties; and WHEREAS, the Collier County Historic and Archaeological Preservation Board reviewed and considered the historic designation of Roberts Ranch at a public meeting held for that purpose; and WHEREAS, the Preservation Board voted to nominate Tract "D" of Roberts Ranch to the Board of County Commissioners for official designation in recognition of the important role played by Roberts Ranch in association with the Roberts Family who started the first cattle ranch in Southwest Florida, which had substantial influence on the economic development in Immokalee and Collier County; and WHEREAS, the Preservation Board hereby forwards said nomination to the Board of County Commissioners. NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of Collier County, Florida, that: In recognition of its important and significant place in the historical heritage of Collier County and South Florida, the property commonly known as Roberts Ranch and legally ~ described as: -1- MAY 0 8 2001 Tract "D" Roberts Ridge Subdivision, as recorded in Plat Book 25, Pages 100 and 101. The Public records of Collier County, Florida. is hereby designated as an historic site. BE IT FURTHER RESOLVED that Tract "D" of Roberts Ranch shall hereafter be subject to the Historical and Archaeological Preservation Regulations of the Land Development Code as they pertain to historically designated property, including all applicable incentives and restrictions. This Resolution adopted after motion, second and majority vote. Done this day of ,2001. ATTEST: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DWIGHT E. BROCK, Clerk Approved as to Form and Legal Sufficiency: JAMES D. CARTER, Ph.D., CHAIRMAN Marjorid)M. Student Assistant County Attorney HISTORICAL g/admin/HD-2001 -A R.-404/RB/cw -2- NAY 0 8 200 p'l.