Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Backup Documents 01/12/1999 R
REGULAR MEETING OF THE BCC JANUARY 12, 1999 flaples 0ally Heus Naples, FL 34102 Affidavit of Publication tlaptes 0aiLy Neus BOARD OF COUNTY CO~H[SS[ONERS ATTN: H[ATTA S[RLEAF PO BOX 41~016 NAPLES FL 34101-3016 REFERENCE: 001230 #9127'53 57~)7854 t~TICE OF PUBLLC MEE State of FLorida County of Collier Before the undersigned authority, personally appeared B. Lamb, uho on oath says that she serve! as the Assistant Corporate Secretary of the Naples Daily Neus, a daily newspaper published at Naples, in Collier County, FLorida: that the attached copy of Advertising wes published in said neuspaper on dates Listed. Affiant further says that the said Naples Daily Neus is a newspaper published at Naples, in said Collier County, FLorida, and that the said newspaper has heretofore been continuously published in said Collier County/ FLorida/ each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, FLorida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, fire or coporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. PUBLZSHED ON: O1/10 AO SPACE: 55.000 INCH F[LED ON: 01/11/99 Signature of Mfiant $~,orn tO and Subscribed~e/~re me this 0120 MEETING NOTICE OF: PUBLIC/VtEETING BOARD OF: COUNTY COMMISSIOUERS, COLLIER COUNT Y, FLORIDA Tuesdoy, Jc~uory 12, 1999 9:00 A.M. Notice is hereby given thor the C~ller ~u~ B~d ~ C~ Corn- missiles will me~ ~e ~d's C~m~rs ~e Third F~ mlnlstrotlon Building (Bulldi~ F) ~ ~e C~lier County Government Complex, ~1~, FIll- do, fo co~ ~e b~i- ness of ColII~ C~, ~e ~ove st~ed time ond ~e. C~I~ of ~e oaen~ f~ ~id m~ing will m~ ovoil~le to ~e ~ess o~ soy be tol~d ~ the o~ce of ~e County Admlnlsfrotor, some I~1~, ~me ~e- rl~ ~ time. A~y ~er~ ~o es to o~eol o ~ClS ~is ~d will ne~ O re- c~d of the ~e~olnl~ ~, ond ~ef~e soy enswe ~ a r~d ~ ~e ~r~eed- 1rigs Is ~e, ~lch re- cord Includes the testl~y o~ evide~e u~ ~1~ ~e ~ol to be ~. BOARD OF COUNTY COmmISSIONeRS COLLIER COUNTY, FLORIDA ~ARBARA B. BERRY, CHAIRMAN DWIGHT E. BROCK, CLERK ' B~/s/~ K~ ~CI~ No. 1~71 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA Tuesday, January 12, 1999 9:00 a.m. NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY ADMINISTRATOR PR/OR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY ADMINISTRATOR 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. ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. INVOCATION - Reverend Paul Jarrett, Naples Church of Christ 2. PLEDGE OF ALLEGIANCE 3. APPROVAL OF AGENDAS Approved and/or adopted with changes - 5/0, with the exception of Item #16A1 - 4/0, Commissioner Mac'Kie abstained. A. APPROVAL OFCONSENTAGENDA. B. APPROVAL OF SUMMARY AGENDA. C. APPROVALOFREGULARAGENDAo I January 12, 1999 o o APPROVAL OF MINUTES Approved as presented -5/0 A. December 1, 1998 - Regular meeting. B. December 2, 1998 - LDC meeting. C. December 8, 1998 - Regular meeting. D. December 11, 1998 - Emergency meeting. E. December 15, 1998 - Regular meeting. F. December 18, 1998 - Workshop. PROCLAMATIONS AND SERVICE AWARDS A. PROCLAMATIONS 1) Proclamation proclaiming week of January 17-23, 1999 be designated as Purple Martin Week. To be accepted by Mr, Carter Smith, President, Conservancy Purple Martin Society. Adopted - 5/0 2) Proclamation proclaiming week of January 11, 1999 be designated as Collier County Safe Boating Week. To be accepted by Mr. Dave Williams, President of the Marine Industries Association of Collier County. Adopted - 5/0 3) Proclamation proclaiming week of January 17-23, 1999 be designated as Dr. Martin Luther King, Jr. Week. To be accepted by Mr. Jerome Van Hook, President and Ms. Julianna C. Anderson, Vice President, Collier County Branch of the National Association for the Advancement of Colored People (NAACP). Adopted - 5/0 Be ADDED 4) Proclamation recognizing the Naples Gators for the National Championship. Adopted - 5/0 SERVICE AWARDS Presented 2 January 12, 1999 1) Arturo Herrera, Parks and Recreation - 25 years 2) Clyde Ammons, Building Review and Permitting - 10 years 3) Danny Dominguez, Stormwater Management - 10 years 4) Michelle Edwards-Arnold, Code Enforcement- 10 years 5) Paul Balzano, Building Review and Permitting - 5 years 6) Irving Berzon, Pollution Control - 5 years C. PRESENTATIONS 1) Presentation to Ron Fowle, Sr., Naples Car Wash, of Certificate of Appreciation for building Improvements within the Gateway Redevelopment Area. (Commissioner Mac'Kie). Presented 2) Presentation of keys to a 1999 Ford Windstar by Bob Black of the Ford Motor Company to Barbara Bo Berry, Chairman, Board of County Commissioners, for use by the Veterans Transportation Service. Presented 3) Recommendation to recognize David Weeks, Senior Planner, Planning Services Department, as Employee of the Month for January, 1999. Recognized SELECTION OF CHAIRMAN AND V/CE-CHAIRMAN Commissioner Mac'Kie elected as Chairman and Commissioner Constantine elected as Vice Chairman - 5/0 6. APPROVAL OF CLERK'S REPORT A. ANALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES. PUBLIC PETITIONS A. Mr. Jim Weeks regarding the Collier County Land Development Code. Staff to place this item on an upcoming agenda. COUNTY ADMINISTRATOR'S REPORT o 3 January12,1999 A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Nancy Oehler, representing the Naples Philharmonic League, requesting a waiver of a Right-of-Way Permit fee for a Run/Walk Event held on November 21, 1998, within the Pelican Bay PUD, Collier County, Florida. Approved - 5/0 2) Pat Lewis representing First Assembly Ministries, requesting a waiver of a Temporary Use Permit fee for a Craft Fair Event held on November 13 and 14, 1998, at 2132 Shadowlawn Drive, Collier County, Florida. Approved - 5/0 3) Presentation to the Board of County Commissioners of the 1998 Annual Update and Inventory Report on Public Facilities (AUIR) as provided for in Section 3.15.6 of the Collier County Land Development Code. Report accepted with changes - 5/0 B. PUBLIC WORKS 1) Award a contract to Bonita Grande Sand Company for the production and stockpiling of beach compatible material associated with the Collier County Incremental Beach Maintenance and Management Plan. Approved in the amount of $1,920,000.00 and Chairman authorize to sign contract - 5/0 2) This item has been deleted. 3) CONTINUED FROM THE MEETING OF DECEMBER 15, 199R - Approve the Livingston Road Utility Facilities Reimbursement and Contribution Agreement. Agreement with Long Bay Partners - Approved 5/0 4) CONTINUED INDEFINITEY: Authorize the Transportation Services Department to remove the non-warranted traffic signal at the intersection of Goodlette-Frank Road and Royal Poinciana Drive. MOVED FROM ITEM #16B5 5) Approve an Alternate Road Impact Fee for the Heritage Greens Golf and Country Club based on a site-specific computation and authorize the refund of prior overpayment. Staff recommendation approved - 4/1 (Commissioner Norris opposed) 4 January 12, 1999 ADDED: Ce Bt 6) Update on Traffic Signal at Recreation Lane and Santa Barbara Blvd. Presented PUBLIC SERVICES 1) A follow up report regarding an effort to establish a Municipal Service Taxing Unit (MSTU) for the construction and maintenance of a neighborhood park on Tract 179 located in Golden Gate. Staff directed to redraw the benefit area - 5/0 SUPPORT SERVICES 1) A Report to the Board on the Progress of Year 2000 Compliance. No Action~ 2) CONTINUED FROM THE MEETING OF DECEMBER 15, 1998 - Authorization to Purchase a Digital Microvax 3100 Computer to Run the Water-Sewer Utility Billing Software and Database. Approved - 5/0 E. COUNTY ADMINISTRATOR 1) Project assignments and priorities for the County Government Productivity Committee in 1999. Outsourcing rather than in-house to be looked at re OCPM and an analysis of other governmental funding to be provided. Commissioner Carter to serve on Productivity Committee - 5/0 F. AIRPORT AUTHORITY COUNTY ATTORNEY'S REPORT At Recommendation for the Board to consider a settlement proposal in Cruz v. Collier County, Case No. 98-0040-CA-01-TB, now pending in the Circuit Court of the Twentieth Judicial Circuit in and for Collier County, Florida and give the Office of the County Attorney and the Risk Management Department direction in responding to this settlement proposal. Settlement of $40,000.00 and reclassification Approved - 4/1 (Commissioner Norris opposed). 5 January 12, 1999 10. Recommendation that the Board consider but reject settlement proposal from Plaintiff Robert P. Richman in the lawsuit styled Robert P. Richman v. Co/tier Cour~ty, Case No. 97-419-CIV-FTM-23, now pending in the United States District Court for the Middle District of Florida, authorize settlement of the case in the amount of $27,500 and approve the representation of the individual defendants by the Office of the County Attorney. Settlement rejected, Case to go to trial - 4/1 (Commissioner Constantine opposed) Co Recommendation for the Board to waive the Purchasing Policy and authorize the Office of the County Attorney and the Risk Management Department to seek and retain counsel for each of the county employees sued in Klingerman v. Co/tier County, Case No. 98-492-CIV-FTM-23D, now pending in the United States District Court for the Middle District of Florida and also give the Office of the County Attorney and Risk Management Department direction in responding to the Plaintiff's outstanding settlement proposal. Staff recommendation approved - 5/0 BOARD OF COUNTY COMMISSIONERS A. Appointment of members to the County Government Productivity Committee. Res. 99-64 - Appointing Janet Vasey andJudith McCaffrey - Adopted 5/0 B. Appointment of members to the Library Advisory Board. Res. 99-65 - Appointing Sydney Melinger and Sabina Musci - Adopted 5/0 C. Review of the Four-Year Report of the Affordable Housing Commission Report received D. Appointment of members to the Parks and Recreation Advisory Board. Res. 99-66 - Reappointing Edward Olesky, and Karin English, and Appointing Lisa Barnett - Adopted 5/0 Appointment of members to the Lely Golf Estates Beautification Advisory Committee. Res. 99-67 Reappointing Ellery LePain and Robert Weyers and Appointing William Erickson - Adopted 5/0 F. Appointment of members to the Workforce Development Board, Region 24. January 12. 1999 Je ADDED K. 11. Res. 99-68 Appointing William Blevins, John Wiest and Thomas Riley - Adopted 5/O Appointment of members to the Ochopee Fire Control District Advisory Committee. Res. 99-69 Reappointing Kent Orner and Appointing Robert Genung - Adopted 5/O Appointment of members to the Isles of Capri Fire Control Dist. Advisory Committee Res. 99-70 Appointing Gary Grifes, Jerilyn Crowder and David Eiler - Adopted 5/0 Status of the PGA audit (Commissioner Mac'Kie). To endorse the Clerk and agree to work with the Clerk regarding mediation - 5/0 Request for reconsideration of PUD-98-7 Wyndham Park denied by the Board of County Commissioners on December 8, 1998 pursuant to Section 2-42 of the Code of Laws and Ordinance, Collier County, Florida. item to be reconsidered at first meeting in February - 5/0 Discussion regarding the request for a joint meeting with the City of Naples. Workshop to be held on Ferbruary 1, 1999 regarding Cable Franchise and Agenda to be distributed no later than seven days prior to meeting - 5/0 OTHER ITEMS A. OTHER CONSTITUTIONAL OFFICERS B. PUBLIC COMMENT ON GENERAL TOPICS PUBLIC HEARINGS WILL BE HEARD IMMEDIATELY FOLLOWING STAFF ITEMS 12. ADVERTISED PUBLIC HEARINGS - BCC Ao COMPREHENSIVE PLAN AMENDMENTS B. ZONING AMENDMENTS 7 January 12, 1999 !) CONTINUED INDEFINITELY. PUD-82-16 (1) Karen Bishop of PMS, Inc. of Naples, representing Henry Krehling, requesting an amendment of the Krehling Industries PUD for the purpose of adding commercial and light industrial development to the list of authorized uses, and reconfiguring the PUD Master Plan, for property generally located southeast of the intersection of U.S. 41 and Old U.S. 41, 1/2 mile east of U.S. 41 at the eastern terminus of Wiggins Pass Road, in Section 15, Township 48 South, Range 26 East, Collier County, Florida, consisting of 15.26 + acres. 2) CONTINUED TO THE MEETING OF FEBRUARY 9, 1999. Petition PUD-98-17 Blair A. Foley, P.E. of Coastal Engineering Consultants, Inc., representing James Gorman, requesting a rezone from "A" Rural Agriculture to "PUD" Planned Unit Development to be known as Whittenberg Estates PUD for a maximum of 114 single family and multi-family dwelling units on property located on the north side of Davis Boulevard (S.R. 84), east of Whitten Drive, in Section 6, Township 50 South, Range 26 East, Collier County, Florida, consisting of 37 + acres. 3) Petition R-98-6, George Vega of Stanley, Zelman & Hanlon, P.A., representing Ursula Thompson, requesting a rezone from "RMF-6" to "C-2" for property at 2831 Becca Avenue, further described as Lots 45 through 50, Rebecca Weeks Subdivision, in Section 111, Township 50 South, Range 26 East, Collier County, Florida, consisting of 1.02 acres more or less. To be continued until such time as the Bayshore Redevelopment Plan is adopted, including Code Enforcement issues - 5/0 4) Petition DOA-98-3, Donald W. Arnold of Wilson, Miller, Barton & Peek, Inc., representing John B. Goodman Limited Partnership, a Minnesota Limited Partnership, requesting an amendment to the "Bretonne Park" Planned Unit Development (PUD), for the purpose of eliminating commercial land uses on commercially designated tract and replacing those uses with an Assisted Living Facility (ALF) that includes a skilled nursing facility and other ancillary uses, increasing the building height, and providing development standards for the proposed ALF for property located at the northeast quadrant of Davis Boulevard (SR-84) and Embassy Woods Boulevard in Section 5, Township 50 South, Range 26 East, Collier County, Florida. Resolution 99-71/Development Order 99-1 - Adopted 5/0 MOVED FROM 17D 5) Petition PUD-98-15, William Hoover of Hoover Planning, representing John Mauriel, Trustee, requesting a rezone from its current zoning classification of "A" Agricultural to "PUD" Planned Unit Development to be known as Mauriel PUD. The subject property is located on the east side'of C.R. 951 approximately 700 feet north of Vanderbilt Beach Road Extension consisting of 38.99 acres. January 12,1999 Ordo 99-1 Adopted w/changes - 5/0 C. OTHER 13. BOARD OF ZONING APPEALS A. ADVERTISED PUBLIC HEARINGS WITHDRAWN 1) Petition V-98-17, Jerry Neai of Custom Dock and Repair, requesting a variance to construct a boathouse on a dock extending greater than 20 feet into the waterway for property located at 26 East Pelican Street, Naples, Florida, further described as Lot 23, Isles of Capri, Unit 1, in Section 5, Township 52, South, Range 26 East, Collier County, Florida. B. OTHER 14. STAFF'S COMMUNICATIONS A. Communication from Sheriff indicating that the employees in Building "A" will be relocated; staff to negotiate w/Sheriff re relocation. To be brought back on January 26, 1998. 15. BOARD OF COUNTY COMMISSIONERS' COMMUNICATIONS 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. Approved and/or adopted with changes - 5/0, with the exception of Item #16A1 4/0 (Commissioner Mac'kie abstained) Ae COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Request to approve the final plat of "Pebblebrooke Lakes Phase 3" W/Construction and Maintenance Agreement and stipulations 2) Request to approve for recording the final plat of Pelican Strand Replat - 6 and approval of the performance security. January 12,1999 3) 4) 5) 6) 7) 8) 9) 10) 11) W/Construction, Maintenance and Escrow Agreement and stipulations Request to approve for recording the final plat of "Willow Park", and approval of the performance security. W/Construction, Maintenance and Escrow Agreement and stipulations Board approval of agreement renewals for a period of one year with hydrological consultants and cleanup consultants. W/Professional Services Industries; Metcaif & Eddy, Inc.; Ecology and Environment, Inc.; ERM South, Inc.; and OHM Remediation Services Corporation Recommendation to approve attached Satisfaction of Lien for Public Nuisance Resolution 85-233 Recommendation to approve attached Satisfaction of Lien for Public Nuisance Resolution 98-149 Lien Resolutions - Code Enforcement Case Nos. 80415-035 - James Bruskay; 80415-037- James Bruskay; 80429-038 - Brenda J. Gable; 80429- 051 - Maurice R & Karen Co Skiffey; 80518-037 - JP & WF Fox Res. 99-01 thru Res. 99-05 Lien Resolutions- Code Enforcement Case Nos. 80109-018 & 80109-019 - Leonard Wisniewski; 80323-060 - William B. Smith Jr. & Craig Morris; 80408-050 - Hubert Bird; 80528-046 - HNH Ventures; 80618-066 - Ram Ventures Inc, & Faccooneer Tile & Marble Res. 99-06 thru Res. 99-10 Lien Resolutions- Code Enforcement Case Nos. 80424-053 - Clarence & Alexandra Abrams; 80506-034 - Bruce T. & Elsye K. Whitmer, 80507-018 - Robert J. & Leslie Fredrickson; 80508-047 - Marlene & Casimiro Eguizabal Res. 99-11 thru Res. 99-14 Lien Resolutions - Code Enforcement Case Nos. 60513-049 - Sylvia S. Miller; 70407-027 - Richard M. Mershad; 80313-065 -Julia Koestel; 80324- 012 - Beulah Mae Coleman & Berthella Wilson; 80327-064 G.J. Byrne Res. 99-15 thru Res. 99-19 Lien Resolutions - Code Enforcement case Nos. 80604-017 - Etzer Lalanne; 80604-018 - Daniel vonRabenaa, Trustee & Talcott Communication Corp. Pension Plan & Trust; 80605-021- Louis & Loretta Cambruzzi; 80608-032 - I0 January12,1999 12) 13) 14) 15) 16) 17) 18) 19) Dominguez Estate- Julio & John R Dominguez P/R; 80608-068- Noel M. Williams Res. 99-20 thru Res. 99-24 Lien Resolutions - Code Enforcement Case Nos, 80511-011- Mabel M. & Victor Charles Albrecht; 80609-105- Thomas & Lorraine Sanzalone; 80615- 017 - Sunbrella Homes Inco; 80615-022 - Sunbrella Homes; 80615-023 - Sunbrella Homes, Inc. Res. 99-25 thru Res. 99-29 Lien Resolutions - Code Enforcement Case Nos. 80514-018 - Henry Crawford, 80514-033 Stratis & Antigone Kouiouris; 80515-027 Jennifer S. Brandon, 80601-088 - E.B, Bassichis Res, 99-30 thru 99-33 Lien resolutions - Code Enforcement Case Nos. 80220-095 - Bobby Clay TR; 80225 -022 Dreamscape Homes Inc.& Paul Acosta; 80309-053 - Maybell Anderson; 80708-027 - Clarence & Alexandra Abrams Res° 99-34 thru Res, 99-37 Lien Resolution - Code Enforcement case Nos. 71022-079 - Alberta J McLenon; 80626-010 - Andres & Felipa P. Galan, 80626-014 - Andres & Felipa Galan; 80626-015 - Andres & Felipa P. Galan; 80710-087 - Stuart O. Kaye TR Res. 99-38 thru 99-42 Authorize staff to submit a grant proposal to the U.S. Fish and Wildlife Service to assist in funding the printing and distribution of the Collier County Boaters Guide Lien Resolutions - Code Enforcement Case Nos. 80602-028 - William Fotre Jr, & Suzanne M, Fotre; 80604-050 - Marc D, Jacobson TR; 80618-064 - Ram Ventures lnc, c/o Faulconer Tile & Marble; 80619-002 - John J & Doris J. Petruzzi; 80702-065 - Kenneth A, & Roxanne L. Flaska Res. 99-43 thru Res. 99-47 Request to approve for recording the final plat of "C.M.G. Plat" To approve a Budget Amendment to transfer funds from the CDBG Bullard Subdivision project (Habitat for Humanity) to the Shellabarger Park project. In the amount of $143,086.00 II J~ntmrv 12. lOgO 20) 21) 22) 23) 24) 25) 25) To approve a $25,000 Budget Amendment from Fund 121, Reserves, to the CDBG Project Shellabarger Park for the purpose of constructing sidewalks. The Board of County Commissioners authorize a 100% impact fee waiver of road, library system, parks and recreational facilities, emergency medical services system, water impact fees, sewer system impact fees and educational facilities system impact fees for one house to be built by Antonio D. Camallery in Naples Manor, Collier County, said impact fees to be paid from Affordable Housing Trust Fund, (Fund 191). Res. 99-48 and Agreement The Board of County Commissioners authorize a 50% waiver 50% deferral of road, library system, parks and recreational facilities, emergency medical services system, and educational facilities system impact fees for a three bedroom house to be built by Henry C. Nonhomme and Marie L. Alexandre in Golden Gate, Collier County, said impact fees to be paid from Affordable Housing Trust Fund (191). Res. 99-49 and Agreement The Board of County Commissioners authorize a 100% impact fee waiver of road, library system, parks and recreational facilities, emergency medical services system, water impact fees, sewer impact fees and educational facilities system impact fees for one house to be built by Homobono Lopez and Irene Lopez in Naples Manor, Collier County, said impact fees to be paid from Affordable Housing Trust Fund (191). Res. 99-50 and Agreement Waiver of road impact fees, library system impact fees, parks and recreational facility impact fees, emergency medical services impact fees, water system impact fees, sewer system impact fees, and educational facility system impact fees for three (3) single family houses to be built by Habitat for Humanity of Collier County, lnc. in Naples Manor and to fund said waivers from Affordable Housing Trust Fund, Fund 191. Res. 99-51, 99-52, and 99-53 and Agreements The Board of County Commissioners sign the partial Release of Lien to correct a scrivener's error removing the lien against a portion of Tract 123, Golden Gate Estates, Unit No. 18. Request to approve for recording the final plat of "Pelican Marsh Unit Twenty-Two" and approval of the performance security. W/Construction and Maintenahce Agreement and stipulations 12 January 12, 1999 PUBLIC WORKS 1) Approval of a Declaration of Easement from Collier County for the Vanderbilt Beach Road Four Laning Project (Hammock Oak Drive to Airport-Pulling Road). Res. 99-54 and Declaration of Easement 2)This item has been deleted. 3)This item has been deleted. 5)Reject Bids received under Bid Invitation #98-2881. Staff to re-solicit bids MOVED TO ITEM #8B5 5) Approve an Alternate Road Impact Fee for the Heritage Greens Golf and Country Club based on a site-specific computation and authorize the refund of prior overpayment. 6) Award Bid #98-2860 for Underground Supplies. Awarded to the various primary and secondary vendors as shown on Attachment "A" in the Executive Summary. 7) Approve a Budget Amendment to recognize carry-forward in Fund 414. 8) Accept Two Grant Agreements from the South Florida Water Management District (SFWMD) in the total amount of $400,000. 9) Recommendation to Award Bid #98-2878 for Emergency and Scheduled Sewage Hauling. Awarded to J. J. Baker Enterprises 10) Approve Amendment Six (6) to Professional Services Agreement with Metcalf and Eddy, Inc., for the North County Regional Water Treatment Plant 8-MGD expansion, Contract #95-2323, Project 70859/70828. 11) Approve Change Order 12 related to the North County Regional Water Treatment Plant Expansion, Bid 97-2690R, Project 70828/70859. ~ In the amount of $136,849.85 C. PUBLIC SERVICES 13 January 12, 1999 1) Approval of a time extension for the Park Impact Fee Study Agreement. 2) 3) Extended for another six months to May 9, 1999. A recommendation to the Board of County Commissioners to award the development and design contract for the North Regional Library to the architectural firm of Barnay, Schmitt, Weaver and Partners, Inc., and further that the Board approve a budget amendment dedicating the resources to fund said contract. Authorization for the Chairman to sign a Recommendation For Reappointment of Dr. Marta U. Coburn as the District 20 Medical Examiner. SUPPORTSERVICES 1) 2) 3) 4) 5) 6) Recommendation to Award Bid No. 98-2879 for On-Call Electrical Repairs and New Installation. Awarded to E.B. Simmonds as Primary and S.W. Electric as Secondary Approve a Resolution Authorizing the Chairman of the Board of County Commissioners to Execute Limited Use License for the 1999 Calendar Year. Res. 99-55 Approve the Three (3) Resolutions Authorizing the Board of County Commissioners' Chairman to Execute the Appropriate Documentation Required to Expedite the County's Land Rights Acquisition Program for the Calendar Year 1999 Chairman's Tenure Only. Res. 99-56; Res. 99-57; and Res. 99-58 Approval to Award Bid #98-2895 to Multiple HVAC Contractors for HVAC Equipment Repair and Maintenance. Awarded to Air Mechanical & Service as primary; Future Controls, Inc. and B 7 1 Contractors, Inc. as secondary; and Advanced Air Refrigeration, Inc. as third vendor. Approval to Award Bid #98-2897 to Wayne Wiles Carpet for Purchase and Installation of Carpet Tiles, Authorize the Cancellation of RFP #98-2825 "Time and Attendance Software/Hardware Application." 14 January 12, 1999 7) 8) 9) 10) 11) 12) 13) WITHDRAWN 14) Rejection of Bid//98-2876, Purchase of Protective Footwear, and Request to Utilize Dade County Bid//1802-2/99-1 Awarding a Bid to Lehigh Safety Shoes, Inc. In an amount not to exceed $25,000.00 Approval of Sun Life of Canada as the County's Basic Group Term Life Insurance Company. Approval of a Resolution Authorizing the Chairman of the Board of County Commissioners, Collier County, Florida, to Execute deeds and Agreements for Deed to Right of Interment for the Purchase of Burial Lots at Lake Trafford Memorial Gardens Cemetery, for the 1999 Calendar Year. Res. 99-59 Approval of a Resolution Authorizing the Execution of Purchase Agreements and Statutory Deeds for the G.A.C. Land Sales Trust Conveyed to Collier County by Avatar Properties inc. (Agreement Dated November 15, 1983) by the Chairman of the Board for the 1999 Calendar Year. Res. 99-60 Recommendation to Amend NOAA Weather Radio Transmitter Agreement. Reducing the contract amount from $70,935 to $63,505.29 Award of Contract for Construction Manager at Risk for the Construction of the 4th Floor of the Courthouse and the Immokalee and Naples Jail Facilities, RFP #98-2829. Awarded to Kraft Construction Co., Inc. Award of Contract for Architectural Services for the Design of the 4th Floor of the Courthouse and the Immokalee and Naples Jail Facilities, RFP #98- 2867. Awarded to The V Group of Florida, Inc. in the not-to-exceed amount of $172,468.O0 Authorization to Enter into a Contract for Program Modifications to the Cash Interface Software for Utility Billing. Staff to negotiate a contract with Poll-Sci Consulting, Inc., for a total dollar amount of $8,190.00 15 J;mu;~ry 12. 1999 Fo 15) Approval of Modifications to the 800 MHz Radio System Infrastructure. In the amount of $115,000.00 COUNTY ADMINISTRATOR 1) 1) Approval of Budget Amendments. BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous items to file for record with action as directed OTHER CONSTITUTIONAL OFFICERS 1) To seek Board endorsement for the Collier County Sheriff's Office grant app!ication for continuation funding from the State of Florida STOP Violence Against Women Grants Program. COUNTY ATTORNEY 2) 3) Recommendation for the Board of County Commissioners to consider and approve a proposed Settlement Agreement and Mutual Release regarding Pena v. Board of County Commissioners as the Governing Body of Collier County, Florida and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, Case No. 94-3944-CA-01-HDH, now pending in the Circuit Court for the Twentieth Judicial Circuit in and for Collier County, Florida. Recommendation that the Board of County Commissioners approve the Stipulated Final Juc'.gment to the easement acquisition on parcel no. 148 in the lawsuit entitled Collier County v. Ronald G. Bender and Michele J. Bender, Trustees Under That Certain Declaration of Trust Dated the 17~h day of May, 1991, et al., Case No. 98-1394-CA (Livingston Road Extension, Golden Gate Parkway to Radio Road). Staff to deposit the sum of $2,000.00 into the Registry of the Court. Recommendation that the Board of County Commissioners approve the Stipulated Final Judgment relative to the easement acquisition on parcel no. 150 in the lawsuit entitled Collier County v. Ronald G. Bender, Trustees Under That Certain Declaration of Trust Dated the 17th Day of May, 1991, et al., Case No. 98-1394-CA (Livingston Road Extension, Golden Gate Parkway to Radio Road). Staff to deposit the sum of $3,025.50 into the Registry of the Court. 16 January 12, 1999 4) Recommendation that the Board of County Commissioners approve the Stipulated Final Judgment relative to the easement acquisition on parcel no. 151 in the lawsuit entitled Collier County v. Ronald G. Bender and Michele J. Bender, Trustees Under That Certain Declaration of Trust Dated the 17"' Day of May, 1991, et al., Case No. 93-1394-CA (Livingston Road Extension, Golden Gate Parkway to Radio Road). Staff to deposit the sume of $6,882.50 into the Registry of the Court. 5) Recommendation that the Board of County Commissioners approve the Stipulated Final Judgment relative to the easement acquisition on parcel no. 152 in the lawsuit entitled Collier County v. Ronaid G. Bender and Michele J. Bender, Trustees Under That Certain Declaration of Trust Dated the 17~h Day of May, 1991, et al., Case No. 98-1394-CA (Livingston Road Extension, Golden Gate Parkway to Radio Road). Staff to deposit the sume of $2,893.50 into the Registry of the Court. 6) Recommendation that the Board of County Commissioners approve the Stipulated Final Judgment relative to the easement acquisition on parcel nos. 158 and 858 in the lawsuit entitled Collier County v. Ronald G. Bender and Miche/e J. Bender, Trustees Under That Certain Declaration of Trust Dated the 17~h Day of May, 1991, et al, Case No. 98-1394-CA (Livingston Road Extension, Golden Gate Parkway to Radio Road). Staff to deposit the sum of $7,000.00 into the Registry of the Court. J. AIRPORT AUTHORITY 1) Authorize the County Attorney to draft an ordinance to amend the Airport Authority Ordinance to eliminate the number of times a member of the Airport Authority may be re-appointed; authorize the Airport Authority to advertise the ordinance for public hearing before the Board. 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 WRITTEN 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. Petition CU-98-17, Dwight Nadeau, AICP, of McAnly Engineering & Design, Inc., representing Everglades Golf Corporation, requesting Conditional Use "17" of the "A" zoning district for a golf course and related uses, for property located at 17 January 12. 1999 the eastern terminus of Vanderbiit Beach Road Extension, immediately north of the Cypress Canal, one and one half miles east of CR 951, consisting of 261 +/- acres, in Section 36, Township 48 South, Range 26 East, Collier County, Florida. Res. 99-61 Be Petition CU-98-20, Donald A. Pickworth, P.A., representing Naples Golf Partners, requesting Conditional Use "17" of the "A" zoning district for a golf course and related uses, for property located to the north of Tamiami Trail East (US 41 ) and along both sides of East Hamilton Road, consisting of 82.48 +/- acres, in Section 17, Township 51 South, Range 27 East, Collier County, Florida. Res. 99-62 C. THIS ITEM HAS BEEN DELETED MOVED TO ITEM #12B5 Petition PUD-98-15, William Hoover of Hoover Planning, representing John Mauriel, Trustee, requesting a rezone from its current zoning classification of "A" Agricultural to "PUD' Planned Unit Development to be known as Mauriel PUD. The subject property is located on the east side of C.R, 951 approximately 700 feet north of Vanderbiit Beach Road Extension consisting of 38.99 acres. Petition CU-98-21 Bruce J. Siciliano, AICP, of Agnoli, Barber & Brundage, Inc., representing North Naples Baptist Church, requesting Conditional Use "1" of the "E" zoning district for a church expansion for property located on the west side of Oakes Boulevard between Vanderbiit Beach Road and lmmokalee Road further described as Tract 7, Golden Gate Estates Unit 97, in Section 29, Township 48 South, Range 26 East, Collier County, Florida. Res. 99-63 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THI- COUNTY ADMINISTRATOR'S OFFICE AT 774-8383. 18 January 12, 1999 AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING OF JANUARY 12~ 1999 Al)l): ITEM 5(A )(4): I'ROCLAMATION RECOGNIZING TIlE NAPI,ES GATORS FOR TIlE NATIONAl, CHAMPIONSHIP. (IICC) ' Al)I): I'FEM 10(K): I)ISCUSSION REGARI)ING TIlE REQUEST I:f)R A JOINT MEETING WITH THE CITY OF NAPLES. (COMMISSIONER CONSTANTINE). WITHDRAW: ITEM 13(A)(I):_ PETITION V-98.17 - VARIANCE TO CONSTRUCT A BOATHOUSE ON A DOCK EXTENDING GREATER THAN 20 FEET INTO TIlE WATERWAY FOR PROIqgRTY LOCATEI) AT 26 EAST PELICAN STREET (ISLES OF CAPRI) (PETITIONER'S REQUEST). WITHI)RAW: 16(D)(I4): AUTHORIZATION TO ENTER INTO A CONTRACT FOR PROGRAM MODIFICATIONS TO THE CASH INTERFACE SOF~I'WARE FOR UTILITY BILLING. (STAFF'S REQUEST). -P~OCLAI4A T%OA! HIHEREAS, WHEREAs, WHEREAS, WHEREAS, in a yen/, short time, thousands of our very beautiful feathered friends, the Purple/dart/ns, will return from their winter home in Brazil; and, these birds w/7/ be searching for suitable housing to enable them to ne~t and rear their young; and, the Florida Legislature has designated Collier Count), the PURPLE ~AR l-IN CAPITAL OF FLOR~DA,. and, the "Conservancy Purple ~artin 5ocie¥" is d~irous of urg/n9 the pubhb to erect proper housin2 for these ve~ valuable winRed creatures bx p/acin2 said houses on their property,, an~ durin9 the ~artin Soci~J the Conservancy Purple these to how valuable NOW of 1999 be DONE AND Conservancy to show their conce~ ito~ ~he~e valuable and them. D I4/~HT E BROCK,' CL ERK coUNTy COtAtdI55IONER5 COLLIER COUNTY, FLORIDA P~OCLA~A TIOR ..- WHEREAS, boatin9 is a ma~or recre, adonal actidty of Collier County; and, WHEREAS, boating is enjoyed by citizens o faY ages; and, WHEREAS, boating i$ participated in by residents and visitors alike; and, WHEREAS, boating is deserving of the attention of safety on the water: and, WHEREAS, boating is enhanced by the practice of safety on the water;and, WHEREAS, boating in and, WHEREAS, 7tin9 education by NOW ,f be to, familiar with safe ;;boatin9 in the waters DONE AND ORDERED THIS 121 1999. · BOARD OF COUNTY COtAtII55IONER5 COLLIER COUNTY, FLORIDA :t WHEREAS. WHEREAS, WHEREAS. WHEI~EA$, P I~ O C L A A4 A TION the Congress of the United States of America has designated the birthday of Dr. Martin Luther Kin~, oYr. as a national ho#day: and, the President of the United 5rates si~ned le£islation authorizing Dr. King's birthdoy as a national holiday with observances to commence on .Tanuary 17t~ of 1999; and. Dr. Martin Luther King, Jr. received national and international recognition for his stirring stru991e against injustice and his leadership in espousing brotherhood, self-discipline, and non- violence: and, the Collier County Branch of the National Association for the Advancement of Colored P~eqple (NAACP) will hold a commemorative celebration of the traditional Freedom ' his lifelong NOW of designa ted as DONE AND commemorative o~r. Week. I' R 0 ¢L,4 31,4 T l O lV WIIEP. EAS, the Gator organization has bccn in cxistcncc since 1959; and. WItEREAS, the Naples Gators Midget tcam cousists of 32 players ranging in age from 12 to 15; and, WItEREAS, their record this year was 16 wins and zero losses; and, WIIEREAS, offensively they scored in excess of 400 points, while only allowing 38 points on defense; and, WIIEREAS, they were one of eight teams competing for the National Championship; and. WIIEREAS, the teams consisted of regional winners from as far away as llawaii; and, WI 1EREAS, on December 12, 1998, the Naples. Gaiters played the New Britain Raiders for thc National Championship at Disney's Wide World of Sports Complex. The Naples Gators defeated New Britain with ascoreof45 to 12; ~d, ~ WIIEI~AS, they were the Soul, est Conference Champions, Sate C~pions, Southeast Region Champio~ ~dNational Ch~pions; and, WIIEI~AS, this is the fo~.Midget ~ationa[ Champio~hip for the Naples Gators. NOW IEREFORE~be lip~claimFd by lhe Board of County Commissioners of Collier County, l'londa;-tha/~e.~eek ofJ~ua~ 11, 1999, be designated as' NAPLES G~fO~ NATIONAE MIDGET TEAM CI~PIONS WEEK DONE AND ORDERED T~2~ ~a~ ofJ~u~y, ]~99~ :?' . ~ BOA~ OF CO~ COMMISSIONERS COLLAR CO~, FLORIDA ATFEST: DWIG ~5C1 o~ Z 0 DOCUMENT NOT RECEIVED IN CLERK'S OFFICE AS OF 11/30/99 LIVINGSTON ROAD UTILITY FACILITIES REIMBURSEMENT AND CONTRIBUTION AGREEMENT THIS CONTRIBUTION AGREEMENT is , 1999, by and between Long Bay Partners LLC., a Florida limited liability company {bereinafler referred to as "LBP") and THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AN[) made and entered into this ~,:,?,.~.: day of:.. :': ""=" AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT (hereinafter referred to as "County"). LBP is used as singular or plural, as the contcx~ requires. RECITALS: WHEREAS, LBP is desirous of entering into a contribution agreement with the County which provides for both a cash reimbursement and grants a credit for water and wastewatcr impact fees, sometimes referred to as system development charges, in exchange for thc construction or installation ofcertain regional water and wastewater utility facilities made to the County's regional system; and WItEREAS, LBP either has legal control over, or is the legal owner of certain lands described in Exhibit "A" (hereinafter sometimes referred to as "Property" or "Water and Wastcwatcr System Impact Development Lands") attached hereto and incorporated herein by reference, which upon development in the near future will be subject to the imposition of water and wastcwatcr system impact fees; and -I- WHEREAS, all parties acknowledge that the value of donated land. if any. shall be based upon a written appraisal of fair market value by a qualified and professional appraiser acceptable to the County and shall be based upon comparable sales of similar property between unrelated panics in a bargaining transaction; and WHEREAS. all parties acknowledge that tile valuation of eligible anticipated construction to the County's regional water and wastewater system shall initially be based upon profcssional opinions of total project probable costs certified by a professional architect or engineer; and WHEREAS, all parties acknowledge that in the case of contributions of construction or installation of improvements, the value of the LBP's proposed contribution shall be adjusted t, pon completion of the construction to reflect the actual cost of construction or installation of improvements contributed by LBP; and WHEREAS. tile County Public Works Division has recommended to the Board of County Commissioners that it will be advantageous to tile public for LBP to install certain water and wastewater utility facilities described in Exhibit "B" and "C" which facilities are hereinafter referred ~o as tile "Utility Project", which arc composed of, among other things, up-sized water and wastewater utility facilities that are larger in size and that will carry capacity in excess of the size and capacity determined by LBP to be needed solely to accommodate LBP's Project; and WHEREAS, the County is amenable to reimbursing LBP's increased materials costs and increased installation costs incurred and paid by LBP, which costs would not have been incurred or paid but for thc up-sizing of the subject water and wastewater transmission facilities; and WHEREAS, all panics acknowledge that no credit whatsoever for land, easements, O -2- construction or infrastructure otherwise required to be built or transferred to the Cotmly by law. ordinance or any other rule or regulation shall be considered or included in thc value of any contribution pursuant to this Agreement, but shall be eligible for reimbursement if provided for in said law, ordinance or rule or regulation, and WHEREAS, ali parties acknowledge that ali construction cost cstimatcs shall bc based upon. and all construction plans, specifications and conveyances shall be in conformity with thc utility construction standards and procedures of the County and shall be first approved by thc Collier County Public Works Administrator prior to commencement of construction; and WHEREAS, LBP acknowledges and agrees that LBP shall have fi~II power and authority to cause thc construction or installation o£the subject contribution and thereafter execute any and all documentation on behalf of LBP necessary to convey the contribution to conformance with tile County's utilities standards and procedures ordinances and regulations: and WHEREAS, LBP has submitted to the Collier County Public Works Administrator an acceptable proposed plan and estimate of costs for the subject contributions (hereinafter "Proposed Plan") which includes, but is not limited to: a. A designation and description of the Water and Wastcwatcr System Impact Development Lands for which the Proposed Plan is being submitted; b. No land is proposed to be donated; c. Acceptable initial professional opinions of probable construction cost for the proposed construction prepared by a professional architect or engineer; d. An acceptable proposed time schedule for tile completion of tile proposed plan -3- prepared by a professional architect or engineer; and c. A twenty-five hundred dollar ($2500.00) processing review and audit fcc payable to the County; and WHEREAS, after reasoned consideration by the Board of County Commissioners, tile Board has authorized thc County Attorney to prepare this Contribution Agreement upon thc Board finding that: a. The subject Proposed Plan is in conformity with the contemplated improvements and additions to the County's regional water and wastcwatcr system; b. Such Proposed Plan, viewed in conjunction with other existing or proposed plans. will not adversely impact the cash flow or liquidity of the County's water and wastcwatcr system impact fee trust accounts in such a way as to frustrate or interfere with other planned or ongoing growth necessitated capital improvements and additions to the County's regional water and wastewatcr utility system; c. Such Proposed Plan, viewed in conjunction with other existing or proposed plans. will not create a detrimental imbalance between the treatment and transmission capabilities of tile County's regional water and wastewatcr system; d. 'File Proposed Plan is consistent with the public interest; and e. The proposed time schedule for completion ofthe Proposed Plan is consistent with thc most recently adopted five-year capital improvement program for the County's regional water and wastewater system; and WHEREAS, tile Board of County Commissioners finds that the contributions contemplated C~ p .....~ -4- by this Contribution Agreement are consistent with the County's existing comprehensive plan: and WHEREAS, LBP agrees and acknowledges that it shall not proceed to install or construct any portion of thc subject contribution, nor shall this Contribution Agreement be effective unless LBP's counsel shall satisfactorily advise thc County Attorney in writing prior to time oFr¢cordatio~ of this Contribution Agreement as required herein, that the LBP has all ft, nds neccssaD, to co!'nplet¢ the contribution available and under its control; and WHEREAS. the contributions contemplated under this Contribution Agreement shall be construed and characterized as work done and property rights acquired by a utility or other persons engaged in the collection or distribution of water and wastewater for tile purpose of constructing or installing on established rights-of-way, mains, pipes, cables, utility infrastrt,cture or tile like: a,d WIiEREAS, this Contribution Agreement shall not be constrt;cd or charactcri×cd :is a development agreement under the Florida Local Government Development Agreement Act. WITNESSETII: NOW, THEREFORE, in consideration ofTen Dollars ($ I0.00) and other good and valuable consideration exchanged amongst thc panics, and in consideration of the covenants contained herein. thc panics agree as follows: I. Tile above recitals are true and correct and are incorporated herein. 2. In exchange for the contributions identified and contemplated in this Contribt, tion Agreement, LBP shall be entitled to a cash reimbursement or a credit for water and wastcwater system impact fees as more particularly described herein below. 3. The amount of LBP's cash reimbursement and credit for water and wastcwater -5- system impact fees will be determined according to the folloxving standards of valuation: a. LBP acknowledges ,'md agrees there arc no donations o~' land included in subject contribution. b. Tile value ofeligiblc and anticipated construction to thc County's regional water and wastcwater system shall bc based upon professional opinions of total project probable cost certified by a professional architect or engineer. c. In thc case ofcontributions ofconstruction or installation of improvements. the value of LBP's proposed contribution shall be adjusted upon completion of' the construction to reflect the actual cost of construction or installalJon of improvements experienced by LBP, exclusive of design costs. 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 contribution under this Contribution Agreement is detailed at Exhibit "C". Until the contribution credit is finally adjusted upon completion of construction, no more than seventy-five percent (75%) of the initial estimate o£ costs contributions for the North/South portion of the Utility project contained herein shall actually be applied or used in a calculation of available credit against water and wastcwatcr system impact fees. d. Upon acceptance and recording ofall appropriate conveyance documents to the County which relate to the NortlffSouth portion ofthe Utility Project ill a manner which cont'onns with tile standards and procedures employed by the County for the acceptance of regional wastewater and water utility infrastructure, and after receipt by thc Public Works -6- Division Administrator ora satisfactory wriUcn verification of unconditional payment in full for the materials, installation and all other costs of thc Utility Project, the County agrccs to reimburse LBP in the form of water and wastcwater impact Fee crcdils for certain material and installation costs of thc Utility Project in the sum total of FOUR }tUNI)RED SI:",, l:Nl ~ FOUR THOUSAND NINE HUNDRED SEVENTY-EIGHT DOLLARS ($474.978) as described in 3.c. above and the cash sum of SEVEN HUNDRED THIRTY SIX THOUSAND FIVE HUNDRED TWENTY-ONE DOLLARS ($736,521 ), which is reflected on the schedule of reimbursement attached as Exhibit "C" ("North/South Payment'). In addition to thc North/South Payment, County agrees to reimburse LBP SEVEN I IUNDRED FORTY q"HOUSAND TWO tlUNDRED FIFTY DOLLARS ($740,250) in cash for thc design and construction of the EasffWcst and Effluent porlion of thc Utility l'rojcct ("East/West and Effluent Payment"). County agrees to reimburse LBP for thc F. asL/Wcst and Effluent Payment based upon monthly invoices submitted by [.BI:' which will include approved payment application from contractor and invoice from LBP. County shall pay LBP within forty-five (45) days of receipt of an invoice from LBP. Other than the adjustment provided for in Subparagraph 3(c) above, the County's payment obligation under this Contribution Agreement shall not exceed the total amount to be paid to LBP shown on Exhibit "C". Further, no reimbursement shall be made for any installation cost or material ~ cost ora pipe size that is otherwise required of LBP as part of' a planned unit development ordinance, site development plan, or any other ordinance, regulation, condition or permit. If there should be a reduction in the cost to LBP for reimbursable materials or installation -7- costs from the estimated costs specified in composite Exhibit "C", such cost reduction to LBP shall also reduce the County's reimbursement obligation, pro rata. e.g., if 0~c reimbursable cost to LBP should be reduced by five percent (5%), the County's obligation hereunder shall be reduced by the five percent (.5%). c. No credit whatsoever for lands, cascmcnls, construction or Jnfra'.tructurc otherwise required to be built or trm~sfcrred to the County by law, ordinance or any other rulc or regulation shall be considered or included in the value of any I.BP's contribution. fi A description of the contribution which is the subject of this Contribution Agreement logcthcr with initial profi:ssional opinions of probable construction costs lbr thc proposed construction and a time schedule for completion of thc Proposed Plan. il' applicable, prepared by a professional architect or engineer, are attached hereto as Exhibits "B" and "C" respectively, the Proposed Plan, which are incorporated hc..rcin by reverence. 4. Upon execution of this Contribution Agreement, additional work requested by thc County beyond that contemplated in the description ofand estimate ofcosts for contributions under this Contribution Agreement shall be paid for by the County and shall not be considered or included in the value ofany I.BP's contribution. 5. Thc County shall acquire all easements necessary for the construction of thc East/West portion of thc Utility Project. In the event Collier County is unable lo acquire necessary casements within ninety (90) days of receipt of notice from LBP that LBP has commenced construction of the Norlh/South portion of the Utility Project, LBP's obligation to construct thc <22> -8- East/West portion of thc Utility Project shall terminate. However, this Agreement shall rcmain in effect for the construction ofthe North/South portion ofthe Utility Project. 6. County acknowledges that timely completion of the North/South portion of the Utility Project is a cr/tical and fundamental aspect of the Contribution Agreement. The County shall acquire (including completing eminent domain "quick take" procedures) eascmcnts for the construction of thc NortlffSouth portion of the Utility Project on or before December 3 I, 1999. 7. The County shall apply the credit for impact fees identified herein toward (i) the water and wastewater impact fees which LBP is required to pay for each building permit which is applied for on the Property or (ii) any assignment ofwatcr or wastewater impact fcc credits to other property owners, within tile area described in Exhibit D tl~ereby reducing thc balance the water and/or wastewatcr impact fee credit by the same amount. It shall be LBP's obligation to notit\, the County in writing that a credit is available each time a building permit is applied for. Ifcrcdit is available under more than one contribution agreement, the credit shall be deducted £rom thc available balance of the first agreement entered into. 8. The impact fee credit available under this Contribution Agreement may be used to evidence payment of estimated water and wastewater impact fees necessary to obtain a Ccrli ficale of Public Facility Adequacy for thc parcel, or each ofthe respective parcels, benefiting from this Contribution Agreement, provided such user will not cause an undue or unreasonable burden upon the administrative, accounting or audit resources of the County. For the purposes of this paragraph a Certificate of Public Facility Adequacy shall be defined as such by Collier County Ordinance No. 90-24 or its successor in function, so long as the provisions and requirements therein arc not -9- otherwise inconsistent with the terms of this Contribution Agreement. If an impact fcc credit available under this Contribution Agreement is used to secure a Certificate of Public Facility Adequacy, then upon the impact fee credit either expiring, becoming subject to demand for reimbursement or refund, or otherwise becoming no longer available, thc County shall notify the developer benefiting from the impact fee credit under this Contribution Agreement of such expiry, reimbursement, refund or other circumstance in writing. Said written notice shall identify the shortfall amount and make a demand that LBP immediately remit to tile County and replace any shortfall of funds needed to continue to secure tile Certificate of Public Facility Adequacy within sixty (60) days of the mailing of said notice by U.S. Mail return receipt requested. Failure to replenish said shortfall within sixty (60) days ofmailing as required herein shall subject the subject Certificate of Public Facility Adequacy to expire in the same manner as ifa cancellation and retired of the Certificate of Public Facility Adequacy had been requested by LBP. 9. An annual review and audit ofperformance under this Contribution Agreement shall be performed by thc County to determine whether or not there has been demonstrated good faith compliance with the terms of this Contribution Agreement and to report thc credit applied toward payment of water and wastcwatcr system impact fees and thc balance of available unused credit. If thc Collier County Board of County Commissioners finds, on thc basis of substantial competent evidence, that there has been a failure to comply with the terms of this Contribution Agreement, thc Contribution Agreement may be revoked or unilaterally modified by thc County. 10. The duration or availability ofcredits pursuant to this Contribution Agreement shall not be for a period in excess of five (5) years from the date ofsubstantial completion of thc approved -10- plan ofconstmction, or from the date ofdonation of land, but in no event shall thc availability of credits under this Contribution Agreement exceed seven (7) years, exclusive of any moratoria, £rom the date of recording this Contribution Agreement in the Official Records of Collier County, Florkla. 1 For the purposes ofthis Paragraph only, the date ofsubstantial completion shall be the date of llnal acceptance by the County pursuant to Collier County Ordinance No. 97-17, as ;.lmci'ldcd. or its successor in function. 11. In the event the amount of LBP contribution, pursuant to the approved plan of construction, exceeds the total amount of impact fees imposed or used on the subject Water and Wastewater System hnpact Development Lands, LBP shall be entitled to thc return ofonc-half the excess or remaining balance of such contribution credit, provided funds are available and collected from future receipts by the County from water and wastewater system impact fees collcc~cd during the fiscal year immediately following the fifth anniversary of the date of substantial completion of the plan of construction or the date of donation, or the seventh anniversary, cxclusix'c ofany moratoria, from the date ofrecordJng this Contribution Agreement in the Official Records. whichever shall first occur. Should the source of funds for reimbursement as described in this paragrapb not be available within the time frames described herein, the remaining balance of any impact fee credits shall be forfeited. For thc purposes ofthis Paragraph only, the date ofsubstantial completion shall be the date of final acceptance by the County pursuant to Collier County Ordinance No. 97-17, as amended, or its successor in function. 12. LBP shall keep or provide for retention of adequate records and supporting documentation which concern or reflect total project cost of construction or installation of any -I1- 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 minimunl of five (5) years from tile termination of this Contribution Agreement. 13. Thc failure ofthis Contribution Agreement to address any permit, condition, term, or restriction shall not relieve either LBP or its successors, of thc 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, including State or Federal laws enacted after thc execution of this Contribution Agreement v,'hich are applicable to and preclude thc parties compliance with thc terms of thc Contribution Agreement. 14. Except as otherwise provided herein, this Contribution Agrccnlcnt shall only be modified or amended by the mutual written consent of the parties hereto or by their successors in interest. 15. 'File burdens of this Contribution Agreement shall be binding upon, and tile bcncfits of tile Contribution Agreement shall inure to, all successors itl interest to tile partics to this Contribution Agreement. 16. Thc performance and execution of this Contribution Agrccmcnt shall bc carricd om in conformance' with the Risk Management Management Department as more particularly incorporated herein by reference. Guidelines established by tile County's Risk described in Exhibit "E" attached hcrcto and 17. This Contribution Agreement shall be recorded by thc County in thc OFficial Records of Collier County, Florida, within fourteen (14) days after thc County, by its duly authorized Chairman, executes this Contribution Agreement. 18. Any party to this Contribution Agreement shall have thc ability to file a~ action fi~r injunctive relief in the Circuit Court of Collier County to enforce the temps of II, is Contribution Agreement. said remedy being ct, mulativc within any and all other remedies available to thc parties for enforcement of this Contribution Agreement. 19. Thc County shall apply all water and v,'astev,'atcr impact fees collected by thc County for properties located within the "region served" in the area described in Exhibit "D" to thc water and wastcwatcr impact fee credits issued to LBP pursuant to this Contribulion Agreement. Upon application by LBP, the County may fonvard to LBP on a semi-annual basis, said water and wastewatcr impact fee payments received by the County. 20. The County shall monitor impact fcc collection within the Property to ensure that only impact fee credits granted to LBP pursuant to this Contribution Agreement its used as imp~ct fee payments for all water and wastewatcr impact fee construction with thc Propcrty until all water and wastcwatcr impact fcc credits granted to LBP pursuant Io this Contribution Agreement arc utilized by LBP or assigned in accordance with the tcm'~s of this Contribution Agrecn~cnt. 21. Thc County shall provide LBP with a certified copy ofthis Contribution Agrccmcnt. including all exhibits attached hereto, such that LBP's certified copy of Exhibit "F" (Water and Wastcwatcr Impact Fcc Credits Ledger) can scrx, c as thc ledger shcct to documents I~Bl"s hal:race of water and wastcwatcr impact fcc credits. 22. LBP may assign any water and wastcwatcr impact fcc credits due to LBP pursuant -13- (22> to this Contribution Agrccmcnt to other propcrtics within thc arcs described in Exhibit I) whether or not owned by LBP. IN WITNESS WI IEREOF, thc parties have executed this Contribution Agrccmcnt as of thc date and )'car first above written. Attest: BOARD OF COUNTY COMMISSIONERS Dated: .JAN ! ?.. 1~.~ FOR COLLIER COUNTY, FLORIDA, A DWIGItT E. BP, OCK, Clerk POLITICAL SUBDIVISION OF THE ~t ~ ~ - STATE O~ORIDA s~gnature (Deputy Cle~k) ' -; , C'ha~m~an ' WITNESSES: LONG BAY PARTNERS LLC, a Florida limited liability company ,. ,/,~ Botty4::-miss STATE OF FL,O, RIDA COUNTY OF ~-'c. Acknowledged to before mc this <-i tt '::? ~.C,_l~o..",-'~ , of Bonita By: BONITA BAY I'ROPERTIL:S, IN('. ,'-m A Florida Corporation, its Managing Member ,__, By: . Print N,'m'm: _.~_~ t/115 ,t~_-__.__~'~'_.~_ ._A/-/~ Title: day of f'r'c<'t),i-~c'~ , 1998, by Bay Properties, Inc., a Florida corporation, Managing Member of Long Bay Panners LLC, a Florida limited liability company, on bchalfoffl~c corporation and limited liability company, tie is [--]'personally knov,'n to me, or[--] has produced a driver's license no. as identification. Notary.Public..,~ Janes PrintcdNamc . ~o~nne .'c&:'i' .... ........... II .-"-3", '~j:'... ,.¥ _ JO/~"N£ JANES Il{": ~ :'} .~ couu~sS~ou ~ CC 6¢z2r, a II - - -- - - ---' -- U---_-' -14- Approved as to form and legal sufficiency: Thomas C. Palmer Assistant County Attorney Commission No. My commission expires c~ ~:~ -15- EXIIIBIT LIST Exhibit A Exhibit Il F. xhibit C Exhibit D I:'xhibit E F. xhibit F Description of Lands Project Description (Utility Facilities) Reimbursement Schedule Region Sen'ed by the Utility Project Risk Management Guidelines Impact Fee Credits Ledger -16- EXHIBIT "A" EXHIBIT "B" ~® ~ 0 ~ Z l EXHIBIT "D" EXtIIBIT"E" RISK MANAGEbIENT GUIDEI.,INI£S Insurance Provisions: Developer shall require all contractors pdrfom.ting work pertaining to this Agreement to procure and maintain the following insurance policies. Prior to the commencement of work, Developer shall provide to tile County certificates of insurance indicating these co. verages. Comprehensive General Liability: Contractor shall maintain minimum limits of Sl ,000,000 per occurrence combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include premises and'or Operations, Independent Contractors and Sub-contractors, Completed Operations, Broad For-n,, Property Damage, XCU Coverage and Contractual Liability endorsement. Worker's Compensation: Coverage shall apply for statutory limits in compliance with applicable state and federal lav.'s. The policy must include Employer's Liability with a limit ors 1,000,000 each accident. Business Automobile: Contractor shall czrry minimum limits of S 1,000,000 per occurrence combined single limit for Bodily Injury include owned vehicles, hired and non-owned vehicles and employee non-ov.'nership. Additional Insured, bliscellaneous: The Collier County Board of County Commissioners are to be added as an Additional Insured on both the Comprehensive General LiabiliV~' and Business Auto Liability Policies. Ct.,n:ent valid insurance policies meeting the requirements herein idcntified shall be maintained during the duration of the utility project. Renewal certificates shall be sent to the County 30 days prior to any expiration date. There shall be a 30 clay notification to the Coun:y in ti',e cvcnt of a cancellation or modification of any stipulated insurance coverage. Developer shall be responsible for assuring that the contractor complies with the above- mentioned requirements. No work shall commence until proper certificate(s) indicating compliance are received by the County. Indemnification Provisions: Developer, in consideration ofTen Dollars (510.00) receipt and sufficiency of which is accepted through the signing of the Agecment to which this exhibit is attached, shall hold harmless and defend County ,',md its respective agents and employees from all suits and actions, including attorney fees and all costs of litigation and judgments of any name and description arising out of or incidental to Developer's performance under the subject Agreement or the relocation of the Utility Facilities thereunder. ,CD This provision shall also pertain to any claims brought against the County by any employee of Developer, any Contractor or Subcontractor or anyone directly or indirectly employed by them. Developer's obligation under this provision shall not be limited in any way by the contribution amount or Developer's limit of or lack ofsufficient Insurance protection. UTILITY IMPACT FEI= CREDIT LEDGER IMPORTANT: This Utility Impact Feo Credit Ledger is lnt~nded to documont tho balance of Utility Imp.act Feo Credits applying ONLY to the following property: Beginning Balance ............................. UTILITY IMPACT IMPACT FEE COUNTY OFFICIAL PEVELOPER REP. DATE PERMIT NO. FEES DUE CREDIT BALANCE (Signatur_~ {Signature) , EXHIBIT "F" RECEIVED OFFICE OF THE COUNTYATTOR ..y. INTEROFFICE MEMORANDUM TO: FROM: DATE: RE: Sue Filson, Administrative Assistant, Board of County Commissioners Michael W. Pcttit, Assistant County Attorney March 3, 1999 Maria Crttz t,. Collier Cotttto' Case No. 98-0040-CA-01-TB Accompanying this memorandum are four (4) original Settlement Agreement and Mutual Releases for Chainvoman Mac'Kie's signature in connection with the above referenced case which was approved by the Board of County Commissioners as Item 9(A) on the January 12. i 999 agenda. After these documents are signed, please call my secretary, Gall Bonham (8862), and she will pick them up and hand deliver them to the Clerk to the Board for their execution. Please note that there arc four (4) originals - three should be returned to mc and one stays with the Clerk to thc Board. Please call if you have any questions. MWP:gb Enclosure CCi David C. Wcigcl, County Attorney JcffWalkcr, Director, Risk Management(e-mail) SETTLEMENT AGREEMENT AND MUTUAL RELEASE Tt~is Settlement Agreement and Mutual Release ("Agreement and Release") is entered into an(, made on this /,..2_ day of ..~---~x.,r4'~r~. ,1999 by and between Maria E. Cruz ("Cruz") and Collier County (the-- ,,rCounty,,),,,a political subdivision of the State of Florida, with respect to Case No. 98-0040-CA-01-TB, filed in the Circuit Court for the Twentieth Judicial Circuit in and for Collier County, Florida, as well as all claims or controversies between Cruz and the County or its elected officials, officers, employees. former employees, attorneys, agents, representatives, predecessors, successors, insurers, sureties or assigns that could have been asserted in that case or that in any way relate to or arise directly or indirectly from Cruz°s employment with the County through the date of execution of this Agreement and Release. WITNESSETH: WHEREAS, Cruz has filed an action against the County in the Circuit Court for the Twentieth Judicial Circuit in and for Collier County, Florida, and that action is styled Maria £. Cruz v. Collier Count~/, et al., Case No. 98-0040-CA-01-TB (hereafter referred to as the "Lawsuit"); WHEREAS, Cruz has alleged various claims against the County in the Lawsuit and the County has filed an answer and affirmative defenses; WHEREAS, Cruz and the County, without admitting any liability or fault by either of them, nevertheless recognize the cost and uncertainties of litigation and now desire to fully and finally resolve any and all claims, known or unknown, asserted or that could have been asserted by Cruz in the Lawsuit, including but not limited to all claims for compensatory damages and attorney's fees and costs, and also desire to resolve fully and finally any and all claims, whether known or unknown, that relate in any way to or arise directly or indirectly from Cruz's employment with the County through the date of the execution of this Agreement and Release; WHEREAS, Cruz and the County desire to reduce their compromise of the Lawsuit and all claims that could have been asserted in the Lawsuit or that relate in any ,.',,ay to or arise directly or indirectly from Cruz's employment with the County through the date of the execution of this Agreement and Release to a writing so that it may be binding upon Cruz and tim Counly and II~eir respeclive predecessors, successors, Imirs, assigns, emp;~yees, former employees, elected officials, officers, agents, representatives, attorneys, insurers, sureties; NOW, THEREFORE, in consider,~lion of the ~tJltl~l[ c:ow~f~a~ls, i~romifles ,~r~l considerations set fo~h in this Agreement and Release, the sufficiency of which is hereby acknowledged, and with the intent to be legally bound, Cruz and the County mutually agree to the following: 1. Cruz and the County agree to adopt and incorporate the foregoing recitals, sometimes referred to as "Whereas clauses", by reference into this Agreement and Release. 2. The County agrees to pay Cruz the sum of Fo~y Thousand and No Hundred Dollars ($40,000.00) in full satisfaction of all claims Cruz has made or could have made in the Lawsuit or that relale in any way to or arise directly or indirectly from Cruz's employment with the County through the date of execution of this Agreement and Release. 3. The payment to Cruz referred to in Paragrapt~ 2 of this Agreement and Release includes all amounts allegedly due to Cruz from the County for any reason whatsoever including, but not limited to compensato~ damages, costs, taxes, expenses, attorney's fees and equitable relief that Cruz has claimed or could have claimed in the Lawsuit or that relate in any way to or arise directly or indirectly from Cruz's employment ~vitl~ tim (~tfr~ly. 4. Cruz agrees to assist her attorneys in preparing and filing a Stipulated Notice of Dismissal with Prejudice in the Lawsuit and also agrees that such a Notice shall be filed in, mediately upon receipt of the payment referenced in Paragraph 2 of this Agreement and Release. 5. In fu~her consideration of the payment referred to in Paragraph 2 of this Agreement and Release as well as the other benefits she is receiving hereunder, Cruz agrees that her employment classification shall be changed from License Compliance Officer to Code Enforcement Investigator and that her salary range, duties and benefits shall be those of a Code Enforcement Investigator. 6. Cruz represents and warrants to the County that she has not filed any other charge, lawsuit, claim or any other action against the County or any entity or natural person that is or has been associated with, controlled by or under conlmon control with/of the County except for her claim against Richard R. Clark. 7. Except for any claim to enforce the terms and conditions of this Agreement and Release, Cruz, on behalf of herself and any and all heirs, executors, administrators, legal representatives, attorneys and assigns, shall and hereby does fully and finally unconditionally, release, acquit, remise, satisfy and forever discharge tile County, its elected officials, officers, employees, former employees, attorneys, agents, representatives, predecessors, successors, insurers, sureties and assigns from any and all manner of action or actions, cause or causes or' action, suits, debts, dues, sums of money, accounts, reckonings, covenants, charges, damages, obligations, liabilities, contracts, promises, judgments, executions, claims, complaints, legal or equitable anti whether known or unknown which Cruz has asserted in the Lawsuit, had, or now has or may have against the County, ils elected officials, officers, employees, former employees, attorneys, agents, representatives, predecessors, successors, insurers, sureties and assigns, whether known or unknown, arising out of or relating in any way to the claims or allegations in the Lawsuit, or that could have been made in the Lawsuit or that relate in any way to or arise directly or indirectly from Cruz's employment or application for employment with the County, up to tile time of execution of this Agreement and Release, inclL~ding but not limited to, claims in any way pertaining to a claim of discrimination or retaliation l)ursuant to Title VII of the Civil Rights Act of 1964, as amended, the Civil Rights Act of 1991, the Americans with Disabilities Act, the Family and Medical Leave Act, the Employment Retirement Income Security Act of 1974, tile Florida Civil Rights Act, the U. S. Constitution, the Florida Constitution, or under any other federal, state or local statute or act, ordinance, regulation custom, rule, or policy, or any cause of action in contract or tort, inclucling any intentional tort, or any instruments, agreements or documents entered into by, between, or among the County or Cruz. 8. Cruz agrees to indemnify, defend, and to hold harmless the County from and against (i) any and all liability, claims (whether pending or threatened and whether judicial, adr'ninistrative or otherwise), costs, causes of action, demands and expenses arising out of or based on any breach of this Agreement and Release by Cruz or on account of any representations or warranties made by Cruz herein which are later found to be false; and (ii) Cruz also agrees to indemnify, defend and to hold harmless the County against any tax liability, including but not limited to income tax, social security tax, penalties and interest, in the event that it is ever determined that the payment made by the County constitutes taxable income to Cruz. In this latter regard, Cruz acknowledges and agrees upon advice from her counsel that any tax liabilities including but not limited to income tax, social security tax, penalties and interest associated with the payment of any monies to Cruz under this settlement are solely her responsibility. 9. Except for any claim to enforce the terms and conditions of this Agreement and Release, including without limitation any claims for indemnification, the County shall and hereby does fully and finally remise, release, acquit, satisfy and forever discharge Cruz, her attorneys, agents, successors, insurers, sureties, predecessors, heirs and assigns from any and ali manner of action or actions, cause or causes of action, suits, debts, dues, sums of money, accounts, reckonings, covenants, contracts, promises, damages, judgments, executions, claims or demands whatsoever, whether at law or in equity and whether known or unknown, which the County had or now has against Cruz arising directly or indirectly out of or relating in any way to Cruz's employment or application for employment with the County or any claim or allegation that Cruz has asserted or could have asserted in the Lawsuit. 10. Cruz and the County agree to waive the right to seek payment of attorney's fees or costs incurred in the Lawsuit beyond those fees and costs included in the payment to be made by the County in accordance with Paragraph 2 of this Agreement and Release. 11. Cruz represents and warrants to the County that she is authorized to enter into and that she has the authority to perform the terms of this Agreement and Release and that she has not sold, assigned, transferred, conveyed or otherwise disposed of all or any portion of the claims she has released and discharged in this Agreement and Release. 9A 12. This Agreement and Release is the result of a compromise of disputed claims and it is understood that the execution and performance of this Agreement and Release by the County does not constitute, nor shall it be construed as, an admission that it has violated any law, statute, rule, regulation or ordinance of either the United States or the State of Florida or breached any duty owed to Cruz under federal, state or local law, policy or practice, with respect to Cruz's employment, or in any other matter, or that any of Cruz's claims have any merit whatsoever. The County explicitly denies any such wrongdoing. 13. This Agreement and Release shall be governed by the laws of the State of Florida. 14. This Agreement and Release is freely and voluntarily executed by Cruz and the County after they have been apprised of all relevant information concerning this Agreement and Release and after they have received advice of their respective counsel. Ir~ executing this Agreement and Release, Cruz and the County do not rely on any inducements, promises, representations other than the promises and representations set forth in this Agreement and Release. In this regard, Cruz and the County acknowledge that this Agreement and Release is the product of mutual negotiation and no doubtful or ambiguous provision in this Agreement and Release is to be construed against any party based upon a claim that the party drafted or ,.vas intended to benefit from the ambiguous language. 15. This Agreement and Release may be amended only by a written instrument specifically referring to this Agreement and Release and executed with the same formalities as this Agreement and Release. 16. Should any provision of this Agreement and Release lie declared or tie determined by any Court to be illegal or invalid, the validity of the remaining pa.,'ts, terms, provisions, shall not be affected thereby and such an illegal or invalid part, term or provision shall be deemed not to be part of this Agreement and Release. 17. In the event of an alleged breach of this Agreement and Release, Cruz and the County hereby agree that all underlying causes of action or claims of Cruz and the County have been extinguished by this Agreement and Release and that the sole remedy for breach of this Agreement and Release shall be for specific performance of its terms and conditions. In this regard, Cruz and tile County further agree that the sole venue for any such action shall be the Twentieth Judicial Circuit in and for Collier County, Florida in Naples, Florida. 18. Tile parties hereto agree that Il'tis Agreement and Release supersedes and rep[aces all prior agreements and understandings and that it constitutes the entire agreement between Cruz and the County and that there exist no other agreements, oral or written, between them relating to any matters covered by this Agreement and Release or any other matter whatsoever. 19. This Agreement and Release may be executed in any nun'~ber of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute on and the same instrument. 20. Except as expressly provided for herein, Cruz and the County represent and warrant that in executing this Agreement and Release, they cio not rely upon and have not relied upon any oral or written representation, promise, warranty or understanding made by any of the parties or their representatives with regard to the subject matter, basis or effect of this Agreement and Release. 21. Cruz and the County acknowledge and assume the risk that facts, additional and different or contrary to the facts which riley believe to exist, may now exist or may be discovered after this Agreement and Release has been entered, and the parties agree that any such additional, different or contrary facts shall in no way limit, waive, affect or alter this Agreement and Release. 22. The County agrees that, consistent with the Florida Public Records Law, it shall store all records concerning Cruz (other than her personnel files as maintained in the County's Human Resources and Code Enforcement Departments) with the litigation files in the Lawsuit. The County and Cruz further agree that any inquiries directed to the County regarding Cruz's employment shall be directed to the Human Resources Department or any subsequently designated Department for handling inquiries of past or present employment and that such inquiries shall be answered with affirmation that Cruz works or worked for the County, and the periods of employment and positions held. 9A IN WITNESS WHEREOF, Cruz and the County having executed this Agreement and Release, which consists of 8 pages, on the dates set forth below next to their respective signatures and as sworn to and acknowledged by Employee. DATED: ~.,.~/z,. / ATTEST: DWIGHT, E. BROCK, Clerk s lga~tur~ o,'l].i,. BOARD OF COUNTY COMMISSIONERS Of: COLLIER COUNTY, FLORIDA By:., / PAMELA S. MAC'KIE, Chain, roman 7 9A III THIS SE'rI'LEMENT AGREEMENT AND RELEASE BETWEEN MARIA E. CRUZ AND COLLIER COUNTY, FLORIDA WAS SWORN TO and subscribed by Maria E. Cruz beC'ore me this ~.~.~v,, day of ~'~..(u,o.t~ ,1999. (~gnature of Notary Pul:Jlic Personally Known . ~,,~,_ or Produced Identification Commissioned Nan'~ of Notary Public (Please print, type or stamp) Type of Identification Produced My Commission expires: OFFIC~u~ NOTARY NOTARY FU]~UC El'ATE OF FLORIDA co~,4 r:,stoN NO. CC76~:~ legal sufficiency: Michael W. Pettit Assistant County Attorney h:Lil~Cruz-Setllemen! Agree&Mutual ReI-MWP RESOLUTION NO. 99-64 A RESOLUTION APPOINTING MEMBERS TO 'FIRE COUNTY GOVERNMENT PRODUCTIVITY COMMITTEE WtlEREAS, The County Government Productivity Committee was established by the Board of County Commissioners through the adoption of Collier County Ordinance No. 91-10, as amended; and WltEREAS, Ordinance No. 91-10, as amended, provides that the Committee shall consist of 13 members; and WHEREAS, there are currently two (2) vacancies on this board; and WftEREAS, the Board of County Commissioners previously provided public notice soliciling applications from interested parties. NO'~V, THEREFORE, BE IT RESOLVED BY TIlE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: I. Judith E. McCaffrey is hereby appointed to the County Government Productivity Committee to fulfill the remainder of the vacant term plus an additional 2 year term, said term to expire on February 4, 2001. 2. Janet If. Vasey is hereby appointed to thc County Government Productivity Committee to fulfill the remainder of thc vacant term, said term to expire on February 4, 2000. This Resolution adopted after motion, second and unanimous vote. DATED: January 12, 1999 ATTEST: DWIGttT E. BROCK, Clerk Appr, oved as to form and legal sufficiency: BO,~RD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA PAMELA S. MAC'KIE, Chairx¢om/n C. Weig5" -- COunty Attorney DCW.rkn RESOLUTION NO. 99-65 A RESOLUTION REAPPOINTING MEMBERS TO TIlE LIBRARY ADVISORY BOARD. WHEREAS, Collier County Ordinance No. 88-71 confirmed'the creation of thc Library Advisory Board and provides that the Board shall consist of five (5) members; and WHEREAS, the terms of two (2) members, representing Commission District Nos. I and 3, expired creating vacancies on this Board; and WFIEREAS, the Board of County Commissioners previously provided public notice soliciting applications from interested parties. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. Sydney S. Mellinger, representing Commission District No. I, is hereby reappointed to the Library Advisory Board for a four (4) year term, said term to expire on December 3 I, 2002. 2. Sabina A. Musci, representing Commission District No. 3, is hereby reappointed to thc Library Advisory Board for a four (4) year term, said term to expire on December 31, 2002. BE IT FURTHER RESOLVED that the Board of County Commissioners of Collier County hereby waives the provisions of Section Seven (b)(l) of Ordinance No. 86-41, as amended, relating to a limitation of t~vo consecutive terms of office, for the purpose of reappointmcnt of Sydney S. Meilinger to this Board. This Resolution adopted after motion, second and majority vote. DATED: January 12, 1999 ATTEST: DWIGHT E. BROCK, Clerk Approved as to fo~' and legal sufficiency: David C. Wcigel BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA PAMELA S. MAC'KIE, Chair4,voman RESOLUTION NO. 99-66 A RESOLUTION APPOINTING AND REAPPOINTING MEMBERS TO TIlE PARKS AND RECREATION ADVISORY BOARD. WHEREAS, the Parks and Recreation Advisory Board was created on November 25, 1975, and was composed of five (5) members; and WHEREAS, the Board of County Commissioners, on October 25, 1993, adopted Ordinance No. 93-81 which increased the membership from five (5) members to seven (7) members; and WHEREAS, there are currently three (3) vacancies on this Board in tile categories of tile Urban Area Community Park District and tile lmmokalee Area Community Park District: and WItEREAS, the Board of County Commissioners previously provided public notice soliciting applications from interested parties. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: I. Lisa H. Barnett is hereby appointed to represent the Urban Area Community Park District for a 4 year term, said term expiring December 31,2002. 2. Karin E. English is hereby reappointed to represent the Urban Area Community Park District for a 4 year term, said term expiring December 31,2002. 2. Edward R. Olesky is hereby reappointed to represent the lmmokalee Area Community Park District for a 4 year term, said term expiring December 31, 2002. This Resolution adopted after motion, second and majority vote. DATED: January 12, 1999 ATTEST: DWIGHT E. BROCK, Clerk '-- ~ 7": :. '. '. ' Appro.ved as to form and legal sufficiency: David C. W¢igej County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA RESOLUTION NO. 99-67 A RESOLUTION APPOINTING AND REAPPOINTING MEMBERS TO TIlE I.ELY GOI.F ESTATES BEAUTIFICATION ADVISORY COMMITTEE WItEREAS, Collier County Ordinance No. 87-69 created tile Lely Golf Estates Beautification Advisory Committee and provides that the Committee shall be composed of five (5) members; and WltEREAS, there are currently three (3) vacancies on lhis board; and WHEREAS, 'tile Board of County Commissioners previously provided public notice soliciting applications From interested parties. NOW, TtIEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. William C. Erickson is hereby appointed to the Lely Golf Estates Beautification Advisory Committee for the remainder of the vacant term, said term to expire October 1, 2001. 2. Ellery J. LcPain is hereby reappointed to the Lely Golf Estates Beautification Advisory Committee for a four year term, said term to expire October I, 2002. 3. Robert J. Weycrs is hereby reappointed to the Lely Golf Estates Beautification Advisory Committee For a Four year term, said term to expire October I, 2002. BE IT FURTHER RESOLVED that the Board of County Commissioners of Collier County hereby waives the provisions of Section Seven (b)(l) of Ordinance No. 86-41, as amended, relating to a limitation of two consecutive terms of office, for the purpose of rcappointment of George C. Pearson to this Committee. This Resolution adopted after motion, second and unanimous vote. DATED: January 12, 1999 ATTEST: DWIGHT E. BROCK, Clerk .Approved as to form and legal sufficiency: ;, BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA PAMELA S. MAC'KIE, Chainvoh~an County Attorney RESOLUTION NO. 99-68 A RESOI.UTION CONFIRMING TIlE APPOINTMENT OF MEMBERS TO TIlE SOUTIIWEST FLORIDA REGION 24 WORKFORCE DEVELOPMENT BOARD. Wtt EREAS, in 1996, the counties of Collier, Charlotte, Glades, Hcndry and Lee entered into an interlocal agreement for the establishment ora Workforce Development Board to ensure that a skilled workforce is available to the regional economy it serves; and WHEREAS, the Workforce Development Board, Region 24, is composed of 45 members representing the private sector, education, organized labor, rehabilitation facilities, community based organizations, economic development and public employment service; and WHEREAS, there are currently three (3) vacancies on this board under lhe private sector category; and WHEREAS, the Executive Director of the Workforce Development Board requested that thc Board of Counly Commissioners confirm the appointments of 3 members to this board. NOW, THEREFORE, BE IT RESOLVED BY TIlE BOARD OF COUNTY COMMISSIONERS OF COLI.IER COUNTY, FLORIDA, Ihat Ibc fi)llowing nicmbcrs, representing the private sector, are hereby appointed for a three (3) year term to the Southwest Florida Work force Development Board, Region 24: William Blcvins John Wicst Thomas Riley This Resolution adopted after motion, second and majority vote. DATED: January 12, 1999 ATTEST: DWIGHT E. BROCK, Clerk Approved as to form and legalsufficiency: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA PAMELA S. MAC'KIE, Chairw/man David C. Wcigel County Attorney DCW&n RESOI.UTION NO. 99-69 RESOI.UTION REAPPOINTING AND REAPPOINTING MEMBERS TO THE OCItOPEE FIRE CONTROl. ADVISORY BOARD WHEREAS, Collier County Ordinance No. 75-6 created the Ochopee Fire District and provides for the establishment of an advisory board; and WHEREAS, Collier Counly Ordinance No. 89-98 confirmed the creation of the Ochopee Fire District Advisory. Board and provides that thc advisory broad shall be composed of five (5) members and such membership shall consist of one (I) member from each of thc designated areas; and WHEREAS, the terms of two (2) members expired creating vacancies on this board; and WHEREAS, the Board of County Commissioners previously provided public notice soliciting applications from interested parties. NOW. THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: I. Robert G. Gcnung meets the prerequisites for appointment and is hereby appointed 1o thc Ochopce Fire Control Advisory Board for a two year term, said term to expire on December 31, 2000. 2. Kent L. Orner, Sr., meets the prerequisites for appointment and is hereby reappointed to the Ochopee Fire Control Advisory Board for a two year term, said term to expire on December 3 I, 2000. This Resolution adopted after motion, second and unanimous vote. DATED: January 12, 1999 ATTEST: DWIGHT E. BROCK, Clerk Approved ~ to fo~ and ~egal sufficiency: David C. Weigel d.) County Attorney DCW/kn BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By:.. ; .,/., " ~ PAMELA S. MAC'KIE, Chainvorfian RESOLUTION NO. 99-70 RESOLUTION APPOINTING MEMBERS TO TItE ISLES OF CAPRI FIRE CONTROL DISTRICT ADVISORY COMMITTEE WHEREAS, Collier County Ordinance No. 78-49 created an advisory committee for the Isles of Capri Fire Services Tax District; and WHEREAS, Ordinance No. 78-49 provides that the advisory committee shall consist of three to five members; and WHEREAS, there are currently three (3) vacancies on this committee; and WHEREAS, the Board of County Commissioners previously provided public notice soliciting applications from interested parties. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. Gary E. Griffcs meets the prerequisites for appointment and is hereby appointed to the Isles of Capri Fire Control District Advisory Committee for a txvo year term, said term to expire on December 31,2000. 2. Jerilyn Neuhaus Crowder meets the prerequisites for appointment and is hereby appointed to the Isles of Capri Fire Control District Advisory Committee for a two year term, said term to expire on December 31,2000. 3. David E. Eilcr meets the prerequisites for appointment and is hereby appointed to the Isles of Capri Fire Control District Advisory Committee for a two year term, said term to expire on December 31,2000. This Resolution adopted after motion, second and majority vote. DATED: January 12, 1.999 ATTEST: DWIGHT E. BROCK, Clerk ~ 1,~n~re ortl y. Approved as to form and l~:gal sufficiency: David C. Weigei'"" /--.) County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: ..", ' PAMELA S. MAC KIE, Chair~'oman ' /.3 -.'~ '~ FA~ ~ OF PAGHS ~ (22aC~rNG ~s co~) PAM NAPLES DAILY NEWS 1~ 1~O: 263-4703 ELLIE HOFFMAN PHONE NO: (941) 774-8~06 January 6, 1999 Ms. Pam Perrell Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Notice of Public Hearing to Consider Petition PUD-82-16(1) Dear Pam: The above referenced notice was scheduled to be advertised on Sunday, January 10, 1999. Please kill that ad since the petitioner is requesting an indefinite continuance of this petition. I am sorry for the inconvenience and am forwarding a copy of the ad to you to hopefully make it a little easier to locate same. Thank you. Sincerely, Ellie Hoffman, Deputy Clerk NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY, JANUARY 26, 1999, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE ~4ENDING ORDINANCE NUMBER 91-102 THE COLLIER COUNTY LAND DEVELOPMENT CODE ?~ICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBER 8515S BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNO?~ AS KREHLING INDUSTRIES PUD, FOR PROPERTY LOCATED SOUTHEAST OF THE INTERSECTION OF U.S. 41 AND OLD U.S. 41, 1/2 MILE EAST OF U.S. 41 AT THE EASTERN TE~4INUS OF WIGGINS PASS ROAD, IN SECTION 15, TO?~SHIP 48 SOUTH, Rfd{GE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 15.26+ ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 82-120, THE FO~MER KREHLING INDUSTRIES PUD; AND BY PROVIDING DH EFFECTIVE DATE. Petition No. PUD-82-16(1), Karen Bishop of PMS, Inc., of Naples, representing Henry W. Krehling, Krehling Industries, Inc., requesting a change in the zoning from "PUD" to "PUD" Planned Unit Development known as Krehling Industries. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: Ail persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of'seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need record of the proceedings pertaining thereto and therefore, may need ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY CO~MISSIONERS COLLIER COUNTY, FLORIDA BARBARA B. BERRY, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Ellie Hoffman, Deputy Clerk (SEAL) Maureen K. Ken~,on From: Sent: To: Cc: Subject: murray_s [SusanMurray@ colliergov.net] Tuesday, Janua~ 05, 1999 1:10 PM KenyonMaureen; martin_c; johnson_c; pedone_b mulhere_b; nino_r PUD-82-16(1) I just received correspondence from the petitioner's agent lhat Ihey would like the above referenced petition continued indefinetly. This petition is scheduled to be heard by the BCC on 1-26-99. If you have questions please don't hesitate to ask. Susan Maureen K. Ken)/on From: Sent: To: Cc: Subject: murray_s [SusanMurray@ colliergov.net] Monday, December 21, 1998 2:44 PM pedone_b KenyonMaureen; johnson_c; martin_c PUD-82-16(1) The above referenced petition has been requested by the petitioner to be continued to the January 26, 1999 BCC meeting. It will need to be removed from the currently scheduled BCC date of January 12, 1999. Thanks, Susan % OF ~ _F TO: P^H p~T.~. NAPLES DALLY NEWS ELLIE HOFFMAN PHONE NO: (9~) 77~-S~06 December 21, 1998 Ms. ?am Perrell Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Notice of Public Hearing to Consider Petition PUD-82-16(1) Dear Pam: The above referenced notice was scheduled to be advertised on Sunday, December 27, 1998. Please kill, that ad and kindly run same on Sunday, January 10, 1999, and send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Ellie Hoffman, Deputy Clerk Purchase Order No. 912501 December 21, 1998 Mr. Henry W. Krehling Krehling Industries, Inc. 1425 E. Wiggins Pass Road Naples, FL 34110 Re: Notice of Public Hearing to Consider Petition PUD-82-16(1) Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, January 26, 1999, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, January 10, 1999. You are invited to attend this public hearing. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure December 21, 1998 Ms. Karen Bishop PMS, Inc. of Naples 2335 Tamiami Trial North, Suite 408 Naples, FL 34103 Re: Notice of Public Hearing to Consider Petition PUD-82-16(1) Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, January 26, 1999, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, January 10, 1999. You are invited to attend this public hearing. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure -lmm I { lin COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC IIEARINCS Clerk to the Board: Please place the following as a: XXX Normal legal Advertisement Display Ad,,'.. location, crc.) [] Olhcr: Petition No. (If none. give brief description): PUD-82-16(1) Petitioner: (Name & Address): Henry W. Krchling, Krchling Industries, Inc., 1425 E. Wiggtins Pass Rd., Naples, FL 34110 Name & Address oran.,,, person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Karen Bishop, PMS, Inc., of Naples, 2335 Tamiam/Trail Norlh,'Sle. 408, Naples, FL 34103 t leafing before XXX BCC BZA Other Nc~vspaper(s) {o be used: (Complctc only i£imporlant): XXX Naples Daily News Other Based on advcrlisement appearing 15 cLqys before hearing. Proposed Text: (Include legal description & commoo location & Size: Companion petition{s), if any & proposed hearing date: [)ocs Pctilion Fcc include advcrlising cost'/{~cs [] 113-138323-6491 I0 Reviewed by: R,q, tttk 12-No t Division Head [] Legally Required No If Yes, what account should be charged for advcrlising costs: Date Approved by: Count)' Manager Date [.isl Allachmcnts: ho DISTRIBUTION INSTRUCTIONS For hearings before BCC or BZA: Initiating person to complete one coy and ohtain Division llead approval before submitting to County Manager. Note: If legal document is invoh'ed, be sure that any necessao' legal review, or request for same, is submitted to County Attorney before submitting to Count)' Manager. The Manager's office will distribute copies: [] Count)' Manager agenda file: lo Clerk's Office [] Requesting Division [] Origin;d B. Other hearings: Initiating Division bead lo approve and submit original to Clerk's Office. retaining a copy for file. FOR CLERK'S OFFICE USE ONI/Y: .,//' : ~ Dale Received: ,/~//.,/.~/~,/ Date or Public heart Date Advcniscd:~~~,' ~ OF P/RIF.~ ~ PAM PERRELL ~~: NAPLES DAILY ~'~ ~: 263-4703 LISA STEELE I,OC~'I~C~: COT.T.'r~r~ COUNT~ (~) 7~-8~08 (94,:1. ~ 774-8406 November 17, 1998 Ms. Pam Perrell Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: PUD-82-16(1) Krehling Industries Dear Pam: Please advertise the above referenced notice one time on Sunday, December 27, 1998, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Lisa Steele, Deputy Clerk Purchase No. 912501 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY, JANUARY 12, 1999 in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE ~ENDING ORDIND~CE N~4BER 91-102 THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNICORPORATED AREA OF COLLIER COUNTY, FLORIDA BY ~4ENDING THE OFFICIAL ZONING ATLAS MAP N~BER 8515S BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS KREHLING INDUSTRIES PUD, FOR PROPERTY LOCATED SOUTHEAST OF THE INTERSECTION OF U.S. 41 AND OLD U.S. 41, 1/2 MILE EAST OF U.S. 41 AT THE EASTERN TE~4INUS OF WIGGINS PASS ROAD, IN SECTION 15, TO~SHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 15.26+ ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 82-120, THE FORMER KREHLING INDUSTRIES PUD; AND BY PROVIDING AN EFFECTIVE DATE. Petition No. PUD-82-16(1), Karen Bishop of PMS, Inc., of Naples representing Henry W. Krehling, Krehling Industries, Inc., requesting a change in the zoning from "PUD" to "PUD" Planned Unit Development known as Krehling Industries. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. N~FE: Ail persons wishing to speak on any agenda item must register with the Co,~nty administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks pr[or to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BARBARA B. BERRY, CHAI~4AN DWIGHT E. BROCK, CLERK By: /s/Lisa Steele, Deputy Clerk (SEAL) November 18, 1998 Henry W. Krehling Krehling Industries, Inc. 1425 E. Wiggins Pass Rd. Naples, FL 34110 Public Hearing to Consider Petition PUD-82-16(1) Krehling Industries Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, January 12, 1999 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, December 27, 1998. You are invited to attend this public hearing. Sincerely, Lisa Steele, Deputy Clerk Enclosure November 18, 1998 Karen Bishop PMS, Inc. of Naples 2335 Tamiami Trail North Suite 408 Naples, FL 34103 Public Hearing to Consider Petition PUD-82-16(1) Krehiing Industries Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, January 12, 1999 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, December 27, 1998. You are invited to attend this public hearing. Sincerely, Lisa Steele, Deputy Clerk Enclosure ORDI~IANCE 98- AN ORDINANCE AI-IENDING ORDINANCE NUbIBER 91-102, THE COLLIER COUNTY LAND DEVELOPMEI'IT CODE, WHICH iliCLUDES THE COMPREHENSIVE ZC~IHG .,-GULAT~O.,~ FOR THE UNINCORPORATED AREA OF COLLIER _~, ~LORIDA, BY A~.~E~'~DiNG THE OFFICIAL ZONII.~G ATLAS MAP :'~U~,:BERED 8515S BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS KREHLING INDUSTRIES PUD, FOR PROPERTY LOCATED SOUTHEAST OF THE iNTERSECTION OF U.S. 41 AND OLD U.S. 41, ~ ~4ILE EAST OF U.S. 41 AT THE EASTER~ TE~MII~US OF WIGGi~.~S PASS ROAD, IN SECTIO:'~ 15, TOWNSHIP ,:8 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 15.26+ ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 82-120, THE FORMER KREHLi~G iNDUSTRiES PUD; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Karen Bishop of PMS, Inc., of Naples, representing Henry Kreh!ing, petitioned the Board of County Comsnissioners to change the zoning classification of the herein described real property; NOW THEREFORE BE IT ORDAI~ED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA; SECTION ONE: The Zoning Classification of the herein described real property located in Section 15, Township 48 South, Range 26 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 [~ap numbered 8515S, as described in Ordinance Number 9i-102, the Collier County Land Development Code, is hereby amended accordingly. SECTIO~ TWO: Ordinance Number 82-120, known as the Krehling Industries PUD, adopted on December 28, 1982 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 2epartment of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this __ day of , 1998. ATTEST: LWiGHT E. 5ROCK, Clerk BOARD OF COUNT'f COMMISS!©NERS COLLIER COUNTY, 7LORIDA Approvec as to Form and -ec=~ Su f ~icienc.; ... Assistant County Attorney BY: BARBARA B. BERRY, Chairman i'{ KREHLING INDUSTRIES A PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING THE KREHLING INDUSTRIES A PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE PREPARED FOR: HENRY W. KREHLING PREPARED BY: VANASSE & DAYLOR 8270 COLLEGE PARKWAY, SUITE 205 FT. MYERS FLORIDA 33919 DATE REVIEWED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER AMENDMENTS AND REPEAL TABLE OF CONTENTS LIST OF EXHIBITS STATEMENT OF COMPLIANCE SECTIONI PROPERTY OWNERSHIP AND LEGAL DESCRIPTION SECTIONII PROJECT DEVELOPMENT REQUIREMENTS SECTION III INDUSTRIAL / COMMERCIAL DISTRICT SECTION IV PRESERVE DISTRICT SECTION V GENERAL DEVELOPMENT COMMITMENTS PAGE i 1 3 5 8 12 14 EXHIBITA EXHIBIT B LIST OF EXHIBITS STATEMENT OF COMPLIANCE LOCATION MAP EXHIBIT C PUD MASTER PLAN EXHIBIT A STATEMENT OF COMPLIANCE The subject property is approximately 15.26 acres, and is located in Section 15, Township 48 South, Range 25 East, Collier County, Florida. The development of this property as a Planned Unit Development, known as Krehling Industries Inc., will be in compliance with the planning goals and objectives of Collier County as set forth in the Growth Management Plan. The commercial and light industrial development ,.,,,ill be consistent with the growth policies, land development regulations, and applicable comprehensive planning objective or each of the elements of the Growth Management Plan for the following reasons: The subject property is within the Urban Residential Land Use designation as identified on the Future Land Use Map as required in Objective 1, Policy 5.1 and Policy 5.3 of the Future Land Use Element. 2. All improvements will be in compliance with all applicable regulations. The project development will result in an efficient and economical extension of community facilities and services, as required in Policies 3.1.H and L of the Future Land Use Element. The commercial and industrial facilities shall be designed to be compatible and compliment to existing and future surrounding land uses as required in Policy 5.4 of the Future Land Use Element.. A complete range of services and utilities as approved by the county will serve the project. Because an exemption was granted to Krehling PUD through the Zoning Reevaluation Program, the PUD is deemed consistent with the Future Land Use Element Policy 5.10. Policies 5.1, 5.9, 5.10 and 5.11 of the Future Land Use Element addresses non- conforming zonings (non-conforming existing zonings are defined as those not being consistent with the Iocational or density criteria identified by the FLUE). Policy 5.1 allows certain PUD's to be modified without being consistent with the Iocational or density criteria of the Future Land Use Element. Under this policy, a PUD is not allowed to increase the approved density or intensity of use. The Krehling PUD R1 -1- 10. Krehling PUD is consistent based on the fact that it was granted an exemption through the Zoning Reevaluation Program under this policy and is not increasing intensity previously approved in the zoning. Policy 5.9 allows non-conforming uses to further develop or redevelop in accordance with the zoning on the property at the time of the development or redevelopment. The Board of County Commissioners have clearly acknowledged this situation in previous zoning cases such as the Krehling PUD. Policies 5.10 and 5.11 acknowledge properties that are granted an Exemption or a Compatibility Exemption through the Zoning Reevaluation Ordinance and are thereby deemed consistent with the Future Land Use Element due to these exemptions. Both of these policies relate back to Policy 5.1. These policies do not require that non-conforming zonings be eliminated, but allows them to develop under their existing approvals. An Exemption has been granted for the Krehling PUD which precluded the County from rezoning the property via the authorization provided by the Zoning Reevaluation Ordinance and the Future Land Use Element Policy 3.1k. Krehling PUD R1 -2- SECTION I PROPERTY OWNERSHIP & LEGAL DESCRIPTION 1,2, 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 for development under the name of Krehling Industries, Inc. LEGAL DESCRIPTION A parcel of land located in Section 15, Township 48 South, Range 25 East. Collier County, Florida, being more particularly described as follows: All that part of the north ¼ of the northwest ¼ of the southeast ¼ of said Section 15 and all that part of the north 280.0 feet of the south ~ of the northwest ¼ of the southeast ¼ of said Section 15 lyin~ east of the west right~ of-way line of the former Seaboard Coast Line Railroad right-of-way; said parcel being also described as follows: Commencing at the center of said Section 15; thence along the east and west ¼ line of said Section 15, South 89"-54'-18" East, 561.94 feet to the west line of the former Seaboard Coast Line Railroad right-of-way and the POINT OF BEGINNING of the parcel herein described; thence continuing along said east and west ¼ line, South 89°-54'-18" East 706.49 feet to the northeast corner of the northwest ¼ of the southeast ¼ of said Section 15; thence along the east line of the northwest ¼ of the southeast ¼ of said Section 15, South 0°-40'-39'' East 951.13 feet to the southeast corner of the North 280.00 feet of the south ¼ of the northwest ¼ of the southeast ¼ of said Section 15; thence along the south line of the North 280.00 feet of the south '~ of the northwest ¼ of the southeast ¼ of said Section 15, North 89°-55'-31'' West 684.19 feet to the west right-of-way line of the former Seaboard Coast Line Railroad right-of-way; thence along said west right-of-way line, northerly 952.02 feet along the arc of a nontangential circular curve oncave to the east, having a radius of 22,983.3 feet, subtended by a chord which bears North 2°-01 '-11" West 951.93 feet; being a part of the northwest 1/4 of Section 15, Township 48 South, Range 25 East, Collier County, Florida; subject to easements and restrictions of record; containing 15.26 acres more or less; bearings are assumed north based on the north and south 1/4 line of Section 15, being North 00-44'-02'' West. Krehling PUD R1 -3,- 1.3. 1,4. PROPERTY OWNERSHIP The subject property is currently under the ownership of Henry W. Krehling of Krehling Industries, 1425 East Wiggins Pass Road, Naples, Florida. GENERAL PROPERTY DESCRIPTION OF PROPERTY AREA The property is located in the north ¼ of the northwest ¼ of the southeast ¼ of Section 15 and all of the 280 feet of the south '~ of the northwest ¼ of the southeast ¼ of Section 15 lying east of the west right-of-way line of the former Seaboard Coast Line Railroad right-of- way. The property is generally located south and east of the intersection of new US 41 and old US 41, approximately ¼ mile east of new US 41 at the eastern terminus of Wiggins Pass Road. The subject property is currently vacant but it is sometimes used for temporary storeage of some minor amounts of finished concrete products. The existing zoning classification of the property is PUD. 1.5. PHYSICAL DESCRIPTION The site is located at the east terminus of Wiggins Pass Road and is surrounded by existing development: Imperial Golf Club to the east and south: the Krehling Concrete Batch Plant to the west; and disturbed agricultural land to the north. The site itself is disturbed. Elevations within the site range from 7.5 to15.3 feet above mean sea level. Most of the site, however, falls within the 10.0 to 12.0 feet elevation category, The entire site is located within Flood Zone AE according to FIRM Map 120067 0191 D. 1.6. PROJECT DESCRIPTION The Krehling PUD will be a specialized light-industrial development in association with commercial/retail. As a part of the current business operations of Krehling Industries, Inc., the light-industrial facilities will be used to support concrete specialty products, stockpile, and storage of finished products. In association with the industrial uses, the principal commercial facilities will generally consist of warehousing, office (retail or professional), building supplies and enclosed storage. 1.7. SHORT TITLE This Ordinance shall be known and cited as the "Krehling Industries Planned Unit Development Ordinance." Krehling PUD R1 '4' SECTION II PROJECT DEVELOPMENT REQUIREMENTS 2,1, PURPOSE The purpose of this Section is to delineate and 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. This planned unit of development shall be limited to specific industrial uses which are compatible and inter-related to the business operations of Krehling's concrete division for concrete specialty products as well as office/retail services. Therefore, it is the intent of the developer lo use lhe industrial areas of the sile to stockpile and store finished concrete materials on-site along with the storage of the finished products of the adjacent concrete plant. ,2, GENERAL A. Regulations for development of the Krehling PUD shall be in accordance with the contents of this document, PUD-Planned Unit Developmenl District and other applicable sections and parts of the Collier County Land Development Code and Growth Management Plan in effect at the time of building permit application. Where these regulations fail to provide development standards then the provisions of the most similar district in the 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 time of building permit application. C. 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 at the earliest or next to occur of either final SDP, final plat approval, or building permit issuance applicable to this development. 2,3, DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES A. The project Master Plan is illustrated graphically on Exhibit "2", PUD Master Development Plan. B. Minor modifications to Exhibit "2" may be permitted at the time of Site Development Plan approval, subject to the provisions of Section 2.7.3.5 of Krehling PUD R1 the Collier County Land Development Code or as otherwise permitted by this PUD document. 2.4. LAND USE A. 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 Land Development Code and the platting laws of the State of Florida. B. 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 infrastructure improvements regarding any dedications and the methodology for providing perpetual maintenance of common facilities. D. The following land uses and acreage amounts are proposed for the project and are illustrated on Exhibit "A" the Master Development Plan: 2.5. 2.6. ,2.7. LAND USE TYPE ACREAGE TRACT "A"o Industrial/Commercial ........................ +I- 13,62 Acres TRACT "B"- Cypress Preserve .............................. -'./- 1.64 Acres TOTAL +/- 15.26 Acres (Exact acreages to be determined during permitting) AMENDMENTS TO PUD DOCUMENTS OR MASTER PLAN Amendments may be made to the PUD as provided in Section 2.7.3.5 of the Collier County Land Development Code, LIMITATIONS OF PUD APPROVAL This PUD is subject to the sunsetting provisions as provided for within Section 2.7.3.4 of the Collier County Land Development Code, PUD MONITORING An annual Monitoring report shall be submitted pursuant to Section 2.7.3.6 of the Collier County Land Development Code. Krehling PUD R1 -6- 2.8 OPEN SPACE REQUIREMENT.~ A minimum of thirty percent (30%) of the project's gross area shall be devoted to open space, pursuant to Section 2.6.32 of the Collier County Land Development Code. The total project is 15.26 +/- acres requiring a minimum of 4.58 acres to be retained as open space throughout the Krehling Industries PUD. Krehling PUD R1 -7- 3.1 PURPOSE SECTION I11 INDUSTRIAL I COMMERCIAL DISTRICT 3.2 The purpose of this section is Io identify permitted uses and development standards for areas within the Krehling PUD designated on Exhibit "A", PUD Master Plan as Tract "A" - Industrial / Commercial. GENERAL DESCRIPTION Areas designated as "Industrial / Commercial" on the PUD Master Plan are designed to accommodate light manufacturing, assembling, processing, packaging, storage, warehousing, retailing and distribution oi concrete specialty products, office / retail, aluminum fabricators, cabinet shops, dry good stores, freight movers, hardware stores, lawn maintenance shops, paint and wallpaper stores, radio I television stations, warehousing, tile sales and other similar uses. Actual acreage of all development tracts will be provided at the time of Site Development Plan approval in accordance with Division 3.3 of the Land Development Code. .3.3. TRACT "A": COMMERCIAL I LIGHT INDUSTRIAl A. Permitted Uses and Structures: No building or structures, or part thereof, shall be erected, altered or used, or land or water used, in whole or part, for other than the following: 1. Permitted Principal Uses and Structures: a) Aluminum fabricators and screening shops (Groups 1761, 3441 - 3479, 3491 - 3499); appliance stores (Group 5722); assembly in enclosed building (Groups 3449, 3499); automobile parts stores (Group 3714); awning shops (Group 3446); building supplies (Groups 5211, 5231,5251 ). b) Bulk storage, not including bulk storage of flammable liquids, and stockpiling, hard stand for stockpiling activities (Groups 1411, 1422, 1429, 1442, 1446, 3273, 5039 and 5051). Krehling PUD R1 -8- c) d) e) f) g) h) i) J) k) l) m) Cabinet shops (Group 5023); carpet storage and installation (Group 5013); carpet and floor covering sales which may include storage and installation (5713); communications services and equipment repairs (Groups 4812-4899); contractors storage - indoor (Group 1541). Concrete specialty products (Groups 1411, 1422 - 1446,1771, 3273). Dry goods stores (Group 5911), electrical supply stores (Group 5065), equipment rentals, including lawnmowers, power saws (Groups 7353 and 7359). Feed and grain sales (Group 5191); freight movers (Groups 4212 - 4231); furniture refinishing (Group 7641); furniture stores (Groups 2522 - 2599) Garden supply stores - glass and mirror sales which may include storage and installation (Groups 0781 - 07830, 5261). Hardware stores (Groups 5072, 5251). Lawn maintenance shops (Group 0782); leather goods (Groups 3111 - 3119); light manufacturing or processing (Groups 3411 - 3479, 3491 - 3499); packing or fabricating in completely enclosed building (Groups 4783, 3491 - 3499). Industrial warehousing; wholesale, storage, or distributing establishments and similar uses (Group 4225). Light manufacturing, assembling, processing, packaging, or fabricating operations (Groups 3411 - 3479, 3491 - 3499). Material and equipment storage yards, outdoor storage yards and lots, provided such outdoor yard shall not be closer than twenty- fi~e (25) feet to any public street (Group 4226). Miscellaneous uses such as telephone exchange, motor bus or truck or other transportation terminal and related uses (Groups 4214-4215); motorcycle sales and services (Group 5571 ); motorcycle shops - repair only (Group 5571 ). n) Office/retail, professional, general (Groups 7311 - 7389). Krehling PUD R1 -9- o) Paint and wallpaper stores Group (Group 5231); pest control service (Group 5999); pet shops (Group 5399); pet supply shops (Group 5399); plumbing shops (Group 5074): plumbing supplies (Group 5074); pottery stores (Group 5999); poultry markets (Group 5144); printing (Groups 2752 -2759); lithographic (Groups 2791 - 2796); publishing or similar establishments (Groups 2731 - 2741 ); and professional offices (Groups 7311 - 7389). p) Radio and television stations and transmitters (Groups 4832 - 4833); radio and television sales and services (Groups 5731 - 5736); research and design labs (Groups 8731 - 8734); heavy machinery and equipment (Groups 3569, 3568, 3537, 3531 ), farm equipment (Group 3524); retail establishments for sale of farm supplies, lumber and building supplies, monuments, and similar uses (Groups 5191,5211, 5999). q) Retail and repairs for heavy machinery and equipment (Groups 3569, 3568, 3537, 3531 ), farm equipment (Group 3524); retail establishments for sale of farm supplies (Group 5191 ), lumber and building supplies (Group 5211), monuments (Group 5999). and similar uses. r) Second hand stores (Group 5932); service establishments catering to commerce and industry (Groups 7311 - 7389); sign company (Group 3993); sign painting shops (Group 7312); swimming pool maintenance shops (Group 7299). s) Tile sales -ceramic tile (Groups 1743, 5211). t) Any other Industrial/Commercial use or professional service which is comparable in nature with the foregoing uses and which the Current Planning Manager determines to be compatible in the district. 2. Permitted Accessory Uses and Structures: a) Any accessory uses and/or structures, which are incidental to and customarily associated with uses permitted in this section. b) Caretaker's residence. 3. Permitted Conditional Uses: a) Detached residence in conjunction with business - one (1) per business. Krehling PUD R1 -10- Bo Fo Minimum Lot Area: Seven thousand-five hundred (7,500) square feet. Minimum Lot Width: Seventy-five (75) feet. Minimum Property Perimeter Setbacks: 1. North: Thirty (30) feet 2. South: Fifty (50) feet. 3. East: Twenty (20) feet 4. West: Zero (0) feet E. Minimum Internal Property 1. Front Yard 2. Side Yard 3. Rear Yard 4. Waterfront 5. Railroad ROW 6. Yard Abutting Residential Parcel Setbacks (if subdivided): Twenty-five (25) feet Ten (10) feet Fifteen (15) feet Twent-five (25) feet No setback required Fifty (50) feet Minimum Height of Structures: Fifty (50) feet. Minimum Floor Area of Principal Structure: Eighl hundred (800) square feet. Ho Internal Setbacks: 1. Building separation: 2. Service drive: Ten (10) feet or ~ sum of the heights, whichever is greater Five (5) feet Minimum Off-Street Parking and Off-Street Loading: As required by Division 2.3 of the Land Development Code in effect at time of application for bui!ding permit. Minimum Residential Setbacks: There shall be a minimum of 50-foot building setback from any residentially used or zoned land. Krehling PUD R1 -11 - SECTION IV 4,1. PURPOSE PRESERVE DISTRICT The purpose of this section is to identify permitted uses and development standards for areas within the Krehling PUD designated on Exhibit "A", PUD Master Plan as TRACT "B" - Cypress Preserve. .4.2. GENERAL DESCRIPTION .3, Areas designated Preserve on the PUD Master Plan are designated to accommodate a full range of conservation and preservation functions. The primary purpose of this District is to retain viable naturally functioning wetland systems, to allow for the restoration and enhancement of impacted or degraded' wetland systems, and cleansing and to provide open space for the development. The exact acreage of the perserve shall be determined during the pemitting of the site. TRACT"B"PRESERVE A. Permitted Uses and Structures: No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or part, for other than the following: 1. Permitted Uses and Structures: Boardwalks, viewing platforms, stormwater management structures necessary for the establishment of an appropriate hydroperiod for the conservation area and the like, B. Treatment / General Use: The treatment of this area shall be for the preservation and conservation of the native flora and fauna found within the subject area. Retention of the vegetation shall meet the requirements shown in Section 3.9.5.5 of the LDC and shall be preserved in its entirety with all trees, understory and ground cover left intact and undisturbed, except for prohibited exotic species removal. Krehling PUD R1 -12- I IIIIII C. Maintenance and Monitoring An exotic vegetation removal, monitoring and maintenance (exotic*free) plan for the site, with emphasis on the conservation / preservation area, shall be submitted to the Current Planning Environmental Review Staff for review and approval prior to Final Site Plan / Construction Plan approvals. 4,4. PRESERVE DISTRICT CONSERVATION EASEMENT A non-exclusive conservation easement or tract is required by the Collier County Land Development Code, Section 3.2.8.4.7.3 for preservation lands included in the Preserve District. In addition to Collier County, a conservation easement may also be required by other regulatorY agencies with jurisdiction over Preserve District lands. Furthermore, in addition to complying with provisions of~ the Collier County Land Development Code, easements shall be provided in accordance with the terms set forth in the applicable permit granted by the permitting agencies. Krehling Industries, Inc. shall be responsible for control and maintenance of the lands within the Preserve District. Krehling PUD R1 -13- III 5.1..PURPOSE SECTION V GENERAL DEVELOPMENT COMMITMENTS The purpose of this Section is to set forth the development commitments for the development of the project. .5.2. GENERAL 5,3, 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 Land Development Code of Division 3.2 shall apply to this project even if the land within the PUD is not to be platted. The developer, his successors and assigns,' shall be responsible for the commitments outlined in this document. PUD MASTER PLAN Exhibit "A", the PUD Master Plan, illustrates the proposed development and is conceptual in nature. Proposed tract, lot or land use boundaries or special land use boundaries shall not be construed to be final and may be varied at any subsequent approval phase such as final platting or site development plan application. Subject to the provisions of Section 2.7.3.5 of the 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. C. Minor design changes shall be permitted subject to staff approval. D. Overall site design shall be harmonious in terms of landscaping, enclosure of structure, locations of all improved facilities, and location and treatment of buffer areas. E. To protect the integrity of the Planned Unit Development, the only access road shall be the private roads as shown on the Master Plan. Krehling PUD R1 -14- [ [ [[[ [ [ [ [[ [[ [lllllllll Il I I[ll[ .~o6. UTILITIES Water distribution, sewage collection and transmission facilities to serve the project are to be designed, constructed, conveyed, owned and maintained in accordance with Collier County Ordinance 97-17, as amended, and other applicable County rules and regulations. ENGINEERING 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. If the property is subdivided into three (3) or more parcels, a plat shall be required. ENVIRONMENTAl A. Environmental permitting shall be in accordance with the state of Florida Environmental Resource Permit Rules and be subject to review and approval by Current Planning Environmental Review Staff. B. Buffers shall be provided around wetlands, extending at least fifteen (15) feet landward from the edge of wetland preserves in all places and averaging twenty-five (25) feet from the landward edge of wetlands. Where natural buffers are not possible, structural buffers shall be provided in accordance with the State of Florida Environmental Resources Permit Rules and be subject to review and approved by Current Planning Environmental Staff. C. No protected wildlife species are anticipated on-site. However, if protected species are observed on site, a Habitat Management Plan for those protected species shall be submitted to Current Planning Environmental Staff for review and approval prior to Final Site Plan/Construction Plan approval. D. An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for the site, with emphasis on the conservation/preservation areas, shall be submitted to Current Planning Environmental Review Staff for review and approval prior to Final Site Plan/Construction Plan approvals. The plan shall contain appropriate scheduling commitments for the initial exotic removal activities and the scheduling of future annual maintenance activtities. E. The project shall comply with the environmental sections of the LDC and the Growth Management Plan in effect at the time of final development order approval. Krehling PUD R1 -15- _5.7, F. The limits and acreage of any wetlands on the site shall be determined prior Final Site Plan / Construction Plan approval. WATER MANAGEMENT Bo Excavation permits will be required for any proposed lakes in accordance with Division 3.5 of the Collier County Land Development Code, as amended. Excavated material from the property is intended to be used within the project site. C. Detailed paving, grading and site drainage plans shall be submitted to Engineering Review Services for review. No construction permits shall be issued unless and until approval of the proposed construction in accordance with the submitted plans is granted by Engineering Review Services and the South Florida Water Management District. E. In accordance with the Rules of the South Florida Water Management District (SFWMD), Chapters 40E-4 and 40E-40, this project shall be designed for a storm event of 3oday duration and 25-year frequency. F. The stormwater management system shall also include a positive drainage outfall. G. Design and construction of all improvements shall be subject to compliance with the appropriate provisions of Divisions 3.2 of the Collier County Land Development Code 5.8. TRANSPORTATION The developer shall pay appropriate impact fees in accordance with the schedule in effect at the time the building permits are acquired. FDOT Driveway Permits will be submitted, as appropr ate with Site Plan submittals ' INTERNAL ROADWAY/SERVICE DRIVE CONSTRUCTION All internal roadways within the limits of the PUD shall be private roadways and shall be maintained by the owner. However, such roadways shall be constructed to meet County standards. Krehling PUD R1 5.10. LANDSCAPE ./i.BUFFER .AREAS Prior to the issuance of any project certificates of occupancy, the developer shall: Comply with all applicable Land Development Code regulations for required landscaping; Construct a chain link fence, wall or berm and plant appropriate native vegetation along the fence, wall or berm on the southern property line, to serve as a visual buffer from adjacent residential uses. 5.11. HISTORIC PRESERVATION REVIEW Pursuant to Section 2.2.25.8.1. of the LDC, if, during the course of site clearing, excavation or other construction activity, an histroric 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. Krehling PUD R1 BONITA BEACH ROAD Ld WIGGINS PASS ROAD ~/PR OJEC T IMMOKALEE 0 0 ROAD KREHLING INDUSTRIES LOCATION MAP KREHLING INDUSTRIES VANASSE & DAYLOR Suite 20~ Fort Myere, FI 33919 N.T.S. 11/9/98 ,': .'t %. 70042 -i- X ill NapLes 0oily Ne~s Naples, FL 34102 Affidavit of Publication Naples Daily Ne~s BOARD OF COUNTY COMMISSIONERS ATTN: MIATTA SIRLEAF PO BOX 413016 NAPLES FL 34101-3016 REFERENCE: 0012~0 #912501 57BO0735 91-102/R-98-6 NOTICE State of Florida County of Collier Before the undersigned authority, personally appeared John E. Taylor, who on oath says that he serves as Assistant Controller of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, FLorida, each day and has been e~tered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or coporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. PUBLISHED ON: 12/27 AD SPACE: 136.000 INCH FILED ON: 12/28/98 Signature of Affiant . '~,, Sworn to and Subscribed bef~e .e Iht, ._~ day of · "i':~'.~.';'. 3o¥ce E. Biazier ~,.. :,: I,tY CGtdMiSStC)N # CC702521 ='~.,.'i: : ~ Apd110, 2002 ".,R ......' B C'~T'~E D T)4~U TI~OY F A'I'HNSL'~ *~d'IC[' I1~"' t 91.102/R.9~-6 NOTICE alm INTENT TO CONSIC~ER ORDINANCE Notice Is hereby given that on TUESDAY JANUARY 12, 1999, Ir~ the Boordroom, 3rd Floor, Admlnistrotlon Building, Collier County Government Center 3301 EaSt Tomioml ~'roH, Naples, Florida, the Board of County Cam- missioners will consider the enactment of o Co~Jn. tV Ordinance. The meet- tng will commence c~ ~.00 A.A/L The title of the ~'o~x~ed C~dinonce ia AN ORDINANCE AMEt~DING ORDI- NANCE NUMBER 91.102 THE COLLIER COUNTY LAND DE. VELOPMEUT CODE WHICH INCLUDES THE COMPREHEtJ. SlUE ZO~ING REGU. LATIONS FOR THE U~'~INCORPORA TED AREA OF COLLIEP COUNTY, FLORIDA B'f AMEhlDING THE OFFICIAL 7ONING AT- LAS MAP NUMBER 051iS BY CHANGING THE ZONING CLASSI. FICATION OF: THE HEREIN DESCRIBED PROPERTY LOCATED AT LOTS 45 THROUGH 50, REBECCA WEEKS SUBDIVISION IN TION 11 TOWHSHIP 50 SOUTH,' RANGE 25 EAST. COLLIER M~.~ TO C-:~ At,/D BEAUTY PAR. LOR; FROVIDING FOR STAFF AND PLAN- fJlNG COMMISSIOI',I STIPULATIONS; AhlO BY PROVIDING AN EFFECTIVE DATE. Petitlcq NO. R-9~-6, George Vega of Vega, Stanley0 Zelmo & Honlon, ~P.A.~ representing Ur~JIo · Thonxoson, requesting o rezone from RMF.6 fo C-2 for prc~>en'v Ioccrted 2831 Becco Avenue, fur. ther de~ribed os Lots 45 through 50~ Rebecca Weeks Subdtvtslc~. Cooles of the prooosed O~dino~ce ore o~ file wil~ the Clerk to the Bo~'d ore o'.'olk.'ble fog In~- fion· All Interested fie* Jrlv~fed tO attend and be he~d. t~OTE: All persons wishing to speak on any o(~endo item must regis- ter with the Counter ad- ministrator PRIOR to P~esentoflo~ of the ogen. da Ilem to be addressed. Individual sc~eokers will be limited lo 5 minutes on On~ ~tem. The seleclio~ of on Individual fo s,oeok on behalf of on orgonlzc~tion ~' group Is encouraged. If recognized by the Choir- man, o sooke~erso~ for a group or ocgonlzotton ma'/ be olloffed 10 sin* utes to spt'ok on on item. Persons wishing to hove wrifien or graph c roofer als included In the Board "Jgenda Pockets must sulT~nlf sold mcfferlol o minimum at 3 weeks prior to the respective public hearing· In any case, w~iffen materials fended to be considered by the Board shall be sub- miffed to the oporol~rlote County staff o minimum of seven days I~'lor to thru I~Jbllc hearing. All rn~erl- al used In before the Boo~d will be. come o permanent port of the record. Any person who es to appeal o cteclsio~ of the BOo~d will need o ~e- cord of the proceedings erlolnlng thereto and erefore, may need to er',~ure that a verbatim record of the Proceedings la m<x~e, which record In- cludes the testimony and evidence ~ which the aopeal is based. BOARD OF CouNTy COM ~,~tot';Fo~, COVER) PAM PERRELL LISA STEELE ~:'ao~ mo: (9411 November 17, 1998 Ms. Pam Purell Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: R-98-6 rezone from RMF-6 to C-2 located at Becca Avenue Dear Pam: Please advertise the above referenced notice one time on Sunday, December 27, 1998, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Lisa Steele, Deputy Clerk Purchase No. 912501 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY, JANUARY 12,1999 in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE ~4ENDING ORDINANCE NUMBER 91-102, THE COLLIER COUNTY L~D DEVELOPMENT CODE WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY ~4ENDING THE OFFICIAL ZONING ATLAS MAP N~BER 0511S BY CHANGING THE ZO~;I~;G CLASSiFICATIOn! OF THE HEREIN DESCRIBED PROPERTY LOCATED AT LOTS 45 THROUGH 50, REBECCA WEEKS SUBDIVISION iN SECTION 11, TO%'~SHIP 50 SOUTH, P3~NGE 25 EAST, COLLIER COUNTY, FLORIDA, FROM ~F-6 TO C-2 FOR A RESIDENCE AND BEAUTY PARLOR; PROVIDING FOR STAFF ~D PLA~ING CO~4ISSION STIPULATIONS; AND BY PROVIDING AN EFFECTIVE DATE. Petition No. R-98-6, George Vega of Vega, Stanley, Zelma & Hanlon, P.A., representing Ursula E. Thompson, requesting a rezone from ~F-6 to C-2 for property located at 2831 Becca Avenue, further described as Lots 45 through 50, Rebecca Weeks Subdivision. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: Ail persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BARBARA B. BERRY, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Lisa Steele, Deputy Clerk (SEAL) November 17, 1998 Ursula E. Thompson 2831 Becca Avenue Naples, FL 34112 Public Hearing to Consider Petition R-98-6 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, January 12, 1999 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, December 27, 1998. You are invited to attend this public hearing. Sincerely, Lisa Steele, Deputy Clerk Enclosure November 17, 1998 George Vega, Esquire Vega, Stanley, Zelman & Hanlon, P.A. 2660 Airport Road South Naples, FL 34112 Public Hearing to Consider Petition R-98-6 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, January 12, 1999 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, December 27, 1998. You are invited to attend this public hearing. Sincerely, Lisa Steele, Deputy Clerk Enclosure COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC IIEARINGS To: Clerk to the Board: Please pi;ice the following as a: XXX Normal legal Advcrlisenlcnt (Displ:,y Adv.. location, crc.) [] Oilier: Petition No. (If none. give brief description): R-gg-6 Pctilioncr: (Name & Address}: Ursula E. Thompson, 2831 Bccca Avenue, Naples, FL 34112 Name & Address of any person(s) to bc notified by Clerk's Office: (If more space is needed, altach separate shccl) Oc_._._or~c Vega, E.squirc, Vega, Stanley, Zchnan & ltanlon, P.A., 2660 Airport Road, South, Naples, Fl. 341 I _2___. Hearing before XXX BCC BZA Other Requested llearing date: Ncwspapcres) to be used: (Complete only if important): Based on advertisement appearing 15 days before hearing. XXX Naples Daily News Other [] Legally Rcquir~e~l ' Proposed Text: (Include legal description & common location & Size: .Petition NO. R-98-6, George Vega of Vega, Slanl~', Zchn~: & Hanlon, P.A., rcpresenling Ursula E. Thompson, requesting a rezone from RMF-6 to C-2 for properly Iocmed at 2831 Bccca Avenue, fiJrlher described as Lots 45 IhroiJgh 50, Rebecca Weeks Subdivision, in Section I I, Tov,'nship 50 South, Range 25 East, consisting of 1.02 acres. Companion petition(s), if any & proposed hearing date: Docs Petition Fee.include advertisi..~o~,st?.~es _.~ No If Yes, what account should be charged for advertising costs: R~'iewcd by: Approved by: Division }lead Date ( County Manager Date Lisl Attachments: DISTRIBUTION INSTRUCTIONS For hearings hefore BCC or BTaS,: Initiating person to complete one co)' and ol)t;fin Division llcad apl)royal hcforc suhmitting to Count)' Manager. Note: If leg:il document is invoh'ed, I)e sure that ;ins' necessary legal review, or requcs for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: [] Count)' Manager agenda file: lo Clerk's Office [] Requestinll Division [] Origin:d B. Olhcr hearings: Initiating Division head lo approve and submi! original Io Clerk's Office. retaining a copy for file. FOR CLERK'S OFFICE USE ONL/¥: / ( ORDINANCE NO. 98- AN ORDINA~CE AMENDING ORDINANCE NU~,BER 91~102, THE COLLIER COUNTY LAMD DEVELOPMENT CODE WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPOPJ~TED AREA OF COLLIER COIA;TY, FLORIDA, BY A~EHDING THE OFFICIAL ZO~.;ING ATLAS ~.%AP NUi4.:{ER 0511S BY CHAi,;GING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED PROPERTY LOCATED AT LOTS 45 THROUGH 50, REBECCA WEEKS SUBDIVISION IN SECTION 11, TOWNSHIP 50 SOUTH, P3~J~GE 25 EAST, COLLIER COUNTY, FLORIDA, FROM RM.F-6 TO C-2 FOR A RESIDENCE A_ND BEAUTY PARLOR; PROVIDIMG FOR STAFF AND PLA.~,qqING COMMISSION STIPULATIONS; A~;D BY ~ROVIDING A.~I EFFECTIVE DATE. WHEREAS, George Vega o~ Vega, Stanley, Zelman & P.A., representing Ursula E. Thompson, petitioned the 5oard cf County Commissioners to change the zoning classification of t?%~. herein described real property; :iOW, THEREFORE BE Il' ORDAINED BY THE BOARD OF COU~TY CO~,i~<ISSiO~;ERS OF COLLIER CO~TY, Fi,ORIDA: f;KCTION O~iE: The zoning classification of the real property as more particularly described by Exhibit "A", attached heret~ and incorporated by reference herein, and located in Section Township 60 South, Range 25 East, Collier County, Florida, is chan~ed from RMF-6 to C-2 anti th~. ~rficial Zoning Atlas [.[aD ~;umber CBilS, as described in Ordinance 91-102, the Collier County Land Development Code is hereby amended ~ccordingiy. The herein described real property is the same for which the rezone is hereby approved subject to the following conditions: a. An appropriate portion of native vegetation shall be retained on site as required in Section 3.9.5.5.4 of the I,and Development Code. b. Petitioner shall implement an exotic vegetation removal, monitoring, and maintenance (exotic free plan for the subject property. This maintenance plan shall be implemented on a yearly basis at a minimum (3.9.6.6.5 CCLDC). c. At the time of Site Development Plan (SDP) review, the petitioner shall submit, a Water Management Plan. The to[al project shall not exceed 25,000 square feet of floor area. (The building's square footage will be checked during review of Site Development Plans and building permits. The SDP and building permit(s) hall not be approved if the buitding's square footage exceeds 25,000 square feet). The total project shall not generate traffic in excess of 5% of LOS "C" design capacity of Becca Avenue. (The traffic impact will be checked again during review of Site Development Plans. The SDP shall not be approved if the traffic impact exceeds 5% of Level of Service "C" design capacity on Becca Avenue.) SECTION T,,O: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of ~998. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST: DWIGHT E. BROCK, CLEKK BY: BARBAP. A B . BERRY, CF~I RMjC,~. APPROVED AS TO FORM A~D LEGAL SUFFICIENCY ~/~RJORIE [4. STUDENT ASSIST~gT COUNTY ATTORNEY f/R-98-6 REZONE CRDiN~;CE/ LEGAL DE$CRI PTIOa~ Lots 45, 46, 47, 48, 49, and 50, REBECCA WEEKS SUBDIVISION, as per map or plat thereof recorded in Plat Book 2, Page 81, of the Public Records of Collier County, Florida. Exltn3IT "A" NapLes DaiLy Ne~s tlapLes, FL 3/.102 Affidavit of PubLicatto~ NapLes DaiLy Ne~s BOARD OF COUNTY COflH[SS[OflERS ATTN: MZATTA SIRLEAF PO BOX 41~O16 NAPLES FL REFERENCE: 0012343 #912501 57801013 0OA-98-3 NOTICE OF P State of FLorida County of CoLLier Before the undersigned authority, personaLLy appeared John E. TayLor, uho o~ oath says that he serves as Assistant ControLLer of the Nap[aa DaiLy Ne~s, a daily newspaper published at NapLes, in CoLLier County, FLorida: that the attached cop,/ of advertising was published in said newspaper on dates Listed. Affiant further says that the said NapLes DaiLy Ne~s is a newspaper published at NapLes, in said CoLLier County, FLorida, and that the amid newspaper has heretofore been continuously published in said CoLLier County, FLorida, each day and has been entered as second class ~atL Jotter at the post office in NapLes, in said CoLLier County, FLorida, for a period of 1 year next preceding the first publication of the attached copy of advertiseJent; end affiant further says that she has neither paid nor promised any person, firm or coporat~on any discount, rebate, coaJisston or refund for the purpose of securing this advertisement for publication in the said newspaper. PUBL[SHE0 ON: 12/27 AD SPACE: 118.000 [HCH FILED Off:_ 12/28/98 / ., ........................... Sworn to a~ Subscrib~ before ,, this ~ day of~ ,~:.....~.s ,, ]oyce £ Blozier £ · ..~.~ :o: ., :o~ M/f'COMMtSSION# CC702521 £XPlI~ES '~_'.',~[] April 1(~ 2002 DOAn98-3 NOTICE OF PUBLIC HEARItIG t~:~tice is hereby given that the Boord of Cour~/ Commissioners of Collier ~nty, will hOld o public hearing on TUESDAY, JANUARY 12, 1999, in the Boordroom, 3rd Floor, Adminlstroflon Building, COllier County Government Center, 3301 Eost Tomlomi Troil, NODIeS, FIorldo. The meeting Will begin at 9:00 The ~:K3rd will co~sld- er Pefltio~ taD. DOA-- 98-3, Donold W. Arnold AICP, of Wilson, Miller, 1~3rton & Peek, Inc., representing John B. Goodmon Limited Portner ~htD, r ecluesting on omendment to the Breto~ Pork DRI De- velo~)ment Of der 87-2, as omended, fo~ the parpo~ae of eliminating commercial Iond uses on commercidll¥ noted trod and reploc. tho some with on osslsted Ilvlng/~kllled nursing focili~ and o~- cillory USe~ far proper- ty Iocoted ot the northeast quodront of the intersection of Count'., I]arn Rood, Do- vis Boulevord ged Embossy Woods Ek)~Jlevard, In Section 5, TownshlD 50 South, Ronge 26 Eost, Collier County, Flarldo, ting of 333.5 plus or minus gores. (Comp<in° Ion to PUD-86-12(3) Co~ies of the pro~)osed O~dlnonce are on tile with the Clerk ~o ~ Board ged are ovollof)le far Inspec- tion. All Interested parties ore Invited to attend and be heord. NOTE: All Persons wish- lng fo ~eok On ony o~en- da item must register with the County odmlnlstr~ar PRIOR to presentation of the agenda Item to be od- dressed. Individual soeo~.- ers will be limited to minutes on onv item. The seledlon at on Individual to sPe~k on behoii of or oc~lzatloo encouro~ed. It recogntzed by the Chairman, o M~okes~erson tm- o grou~ or oroonlzatlo~ may be ol. Iofed 10 minutes to o~ on Hem. Persons wishing to have wrlffen or ~'aphic materials Ir~luded In the Board agenda pockets must submit sold material a minimum of 3 weeks prior to the respective ;ubllc hearing, In any cose~ written materials in- tended to ~ considered by the Boord shall be sub- mitred to the a1~proprlate Count,/ staff a minimum of seven days Pdar to the public hearing. All rnaterl- al used In presentations bet'are the J~:x:~d will be- come a perrnonent port of the record. Any person who decid- es to ol~Peol o decision of the Board will need a re. cord of the proceedings trtolnlng thereto, and erefore, may need to ensure that a ves'batJm record of the proceedings Is mode, which record In- cludes the testimony and evidence upon which the appeal Is to be based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BARBARA B. BERRY, CHAIRMAN DWIGHT EE. BROCK~ CLERK By:./s/Lisa Steele, · gec. 27 No. 1324571 Naples Daily ~ptes, FL 34102 Affidavit of Publication Naples Daily BOARD OF COUNTY COt~IqISSIOflERS ATTN: ~%ATTA S%RLEAF PO ~X ~1~16 NAPLES FL 34101-~16 REFERENCE: ~12~ 8912501 57~1013 ~A-98-3 I~T[CE OF P State of FLorida C~nty of CoLLier ~fore the u~ersign~ aut~rity, a~ar~ J~n E. TayLor, ~ ~ ~th says t~t he serves as Assistant C~tro[[er of the Naples N~s, a daily n~s~per ~b[tsh~ at Naptes~ tn CoLLier C~nty, F[o¢ida: that the attach~ copy of ~vertis~ vas ~bLish~ tn sa~d n~s~pe~ dates Affiant further says that the saJd NapLes N~s ts a n~s~¢ ~b[tsh~ et Nap[as, ~n saJd Co[[~e¢ C~nty~ F[o¢i~ a~ t~t the n~s~r ~s heretofore ~en c~tin~s[y ~[~sh~ in said CoLLier C~nty, FLorida, each ~y ~ ~s ~en enter~ as sec~ class ~tter at the ~st office ~n Naples, tn CoL[~er C~nty, FLorida, for a peri~ of 1 year next prec~i~ the first ~b[icat~ of the ettach~ c~y of adverttse~nt; a~ affiant further sa~s that she ~s neither ~td ~r pr~is~ any ~rs~, firm or c~ratt~ any dilc~nt, re.re, c~ts~t~ or refu~ for the ~r~se of securi~ this ~verttle~nt for ~bltcati~ in the said n~s~per. PUBLISHED ~: 12/27 AD SPACE: 118.~ INCH ..................... ...................... · .:';;;"; ..... ]oyce E Bloz~er ***~....-..*".%.'.** ~'Z.~/ April 10, 2002 DOA-98.3 NOTICE OF PUBLIC HEARING Notice Is hereby given ~ot th.e .aD,rd of County ~OmmlssIo~rs of Co C~n~, wt I hold o Public hearing on TUESDAY, JANUARy 12, 19~ the Boardroom, '3rd Floor, Administration ~ildlng, C~lier County ~vernme~ Cartier, East Tomlomi Nople~, Florida. Th~ meeting will ~in ~ 9:~ A.M.. The ~rd will c~sld- 98-3, ~d W. Arnold AI~, Of WII~, e~ & Peek, I~.: re~ese~lng John GOodman Limited P~rship, requesfj~ on amendment fo ~e BrefOnne POrk DRI De. vel~me~ ~der 87.2, os amerind, for fha ~ of etlml~Ing ~ommercJol Io~ u~s on COmmercially ~ed ~ ~ reply. rng some with o~s/sfed I vlng/~ iliad nur~j~ f~ ~y and CI ~y u~s f~ Prier. fY located of the fha intersection of C~y ~rn R~, vis ~ulevord {S.R. ~tev~d, In ~ ~ 5 Town~hl~ 50 South' Ron~ 26 East C~ i~ tl~ of 333.Splus ~ minus ~res. {~m~n. I~ fo PUD-86- i2(3) ~ C~les of ~e Pr~o~d ' Ordl~e ~e ~ file ~e CI~. fo ~e B~d and ~e ava Ioble f~ In~ec. t on. All Imerested Po~les e inv~ed to ~end and he~d. NOTE: All Per,ns wl~- ~ ~em must register w~ ~ ~J~ to prese~l~ ~ ~ ~e ~n~ Hem to ~ ~. ~ ~esse~. I~lvld~l ~e~. J ers wll be flm~ed to 5 [ minces ~ ony Hem. The selecfl~ of ~ Jndlvld~l ~ fo ~k ~ ~holf of on J ~/z~[~ ~ ~ouD [~ ~ · Chairman, O Persons wishing to h~e ~iffen ~ ~hlc ~l~s InCJud~ In ~e BOard agenda POckets ~ must ~bmlt ~ld m~erl~ ~'a minimum of 3 weeks ~ pr~ to ~e red,lye Public bearing. In any Case, ~en ~erials fended to ~ c~sldered by ~e ~rd shall ~ ~ed to the ~r~rl~e ~n~ staff a minimum , ~1~ to ~e ~, seven Pubtic he~ ~g. All m~erl- j~l used In Present~l~s ~ ~f~e ~e ~d will be- / c~e o Per~nf ~ of J ~e rec~. J es to ~ol o ~clsl~ ~ ~ the ~d will need o re. /c~d of ~e pr~e~i~s J pe~olnlng ~er~o l~eref~ex ~y n~ed to /ensue ~ o V~m /rec~d ~ ~e ~eedlngs ils m~, ~lch rectal In. / ~ ~lch ~e ~1 Is ~o be ~d. BOARD OF COUNTY COmmISSIONERS J COLLIER COUNTy, ~ FLORIDA CHAIR~N · DWIGHT E. ~ROCK I CLERK , ~BV:/s/LI~ Steele, JDec. 27 No. 1324~1 (:mcu:]'ont~ ,I,h~-~ cov'Jm) NAPLES DAILY NEWS ELLIE HOFFMAN P~ NO: (9~1~ 77~-8~06 ........... ........ , - II I II IIIII I · IIII I I ' I IIIII - II Il II II December 9, 1998 Ms. Pam Perrell Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Notice of Public Hearing to Consider Petition DOA-98-3 Dear Pam: Please advertise the above referenced notice one time on Sunday, December 27, 1998, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Ellie Hoffman, Deputy Clerk Purchase Order No. 912501 MOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County, will hold a public hearing on TUESDAY, JANUARY 12, 1999, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The Board will consider Petition No. DOA-98-3, Donald W. Arnold, AICP, of Wilson, Miller, Barton & Peek, Inc., representing John B. Goodman Limited Partnership, requesting an amendment to the Bretonne Park DRI Development Order 87-2, as amended, for the purpose of eliminating commercial land uses on commercially designated tract and replacing same with an assisted living/skilled nursing~facility and ancillary uses for property located at the northeast ql/adrant of the intersection of County Barn Road, Davis Boulevard (S.R. 84) and Embassy Woods Boulevard, in Section 5, Township 50 South, Range 26 East, Collier County, Florida, consisting of 333.5 plus or minus acres. (Companion to PUD-86-12(3) Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: Ail persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior,to the public hearing. All material used in presentations before th~ Board will become a permanent part of the record. '~ Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BARBARA B. BERRY, CHAI~4AN ,,. _ ......... -- - I I lllllll II I I I III I IIIIIIII I I I Illll I IIII rll .... I I' ' - I DWIGHT E. BROCK, CLERK By: /s/Ellie Hoffman, Deputy Clerk (SEAL) December 9, 1998 Mr. Peter Worthington Director of Development John B. Goodman Limited Partnership 1107 Hazeltine Boulevard, Suite 200 Chaska, ~4N 55318 Re: Notice of Public Hearing to Consider Petition DOA-98-3 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, January 12, 1999, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, December 27, 1998. You are invited to attend this public hearing. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure December 9, 1998 ~4r. Donald W. Arnold, AICP Wilson, Miller, Barton & Peek, Inc. 3200 Bailey Lane, Suite 200 Naples, FL 34105 Re: Notice of Public Hearing to Consider Petition DOA-98-3 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, January 12, 1999, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, December 27, 1998. You are invited to attend this public hearing. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure December 9, 1998 Marilyn Mullen Healy, Esq. Salem, Saxon & Nielsen, P.A. 101 E. Kennedy Blvd., Suite 3200 Tampa, FL 33602 Re: Notice of Public Hearing to Consider Petition DOA-98-3 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, January 12, 1999, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, December 27, 1998. You are invited to attend this public hearing. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure .............. iii iii ............ IIII ....... I December 9, 1998 Mr. Steve Atkins, Planner Development of Regional Impact Section Staet of Florida Department of Community Affairs 2740 Centerview Drive Tallahassee, FL 32399 Re: Notice of Public Hearing to Consider Petition DOA-98-3 Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, January 12, 1999, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, December 27, 1998. You are invited to attend this public hearing. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure December 9, 1998 ~4r. Daniel Trescott DRI Coordinator SWFRPC P. O. Box 3455 North Fort ~4yers, FL 33918 Re: Notice of Public Hearing to Consider Petition DOA-98-3 Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, January 12, 1999, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, December 27, 1998. You are invited to attend this public hearing. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure COLI.IER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBI.IC llEARINGS To: Clerk to thc Board: Please place thc followinR as a: XXX Normal legal Advertisement (Display Ad;'.. location, crc.) [] Other: Petition No. (I£ none. give brief description I: DOA-9,'q-3 Petitioner: (Name &Addrcss): John B Goodman, Limited Partnership, Alta: Peter ~Vorthinelon. Director of Do,'clop2ncnt, 1107 tlazehine Boulevard, Suite 20o, Chaska, MN 55318 Name & Address of an.',' person(s) Io be notified by Clerk's Officc: (If morc space is needed, attach separate sheet) Donald W. Arnold, AICP, Wilson, Miller, Barlon & Peek, inc., 3200 Bailc~' Lane, Suite 200, Naples. Florida 34105 and M'arilvn Mullcn Ifcaly, _Esq.. Salem. Saxon & Nielsen, P.A, 101 E Kcnncdv Blvd. Ste 3200, Tampa. Fl. 33602 (Sec attached shccl) }tearing before XXX P, CC BZA Olher Newspaper(s) lo Ix: used; (Complete only ifimportam): Based on advcrliscmcnt appcarir{g~l 3_J3,'~ys before hearing XXX Naples Daily Ncxvs Othcr [] Legally Required Proposed Text: (Include legal description & common location & Size: Petition No. DOA-96-3. Don;fid W. Arnold, AICP, of Wilson, Miller, Barton & Peek. Inc., representing John B. Goodman Limited Panncrship, requesting an amendment to thc Brelonnc Park DRI Dcvclopmcm Order 8%2, as amended, for lite purpose of eliminating commercial Innd rises on commercially designated tract and replacing same with an assisted Iix'in ,g,/~;killcd. nnrsing fitcilitv and ancillan' nscs for property located :it the northeast qtmdranl of lite imerscclion of Cotmtv Barn Road, Davis Boulcvard {S.R. 84) and Embas.~,' Woods Boulevard, in Section 5, Township 50 Sonlh, Range_26 East, Collier County, Florida, consisting of 7,335 plus or mintts acres. (Companion to PUD-86-12(3). Companion pelilionfs), if any & proposed hearing date: pUD-86-22(3) Docs Petition Fee include ndverlismg cost? ~s ~ 113-1383124~49110 Revicx~cd by: No ir Yes. ~ hal accounl should bc charged for :tdvcrtising costs: Approved by: Counly Manager Date List Altachnlents: DISTRIBUTION INSTRUCTIONS ho For hearing.,i hefl~re BCC or BZA: Initiating person to complete one coy and obtain Division Ilcad al)ltroval heft)re submitting lo County Manager. Note: if legal document is invoh'ed, be sure that any necessary leg:il review, or request for same, i~ .~ubmitted to County Attorney before submitting to County Manager. The Managcr'.'~ office villi distribute copic~: [] County Manager a~cnda file: to [] Requesting Division [] Origin:tl Clerk's Office B. Other hearings: Initiating Division head Io approve and submit original to Clerk's Office. retaining a cop.,,' for file. FOR CLERK'S OFFICE [;SE ONLY: /-. Date Received: / ~/?//,,o~ Date orPublic hearing: /.//¢/'. fi,,Y Date Ad,,'crliscd: ,/,,~?/2 r~r. Steven Atkins, Planner Development of ~.eglonal Impact Section State of Florida Department of Community Affairs 2740 Centerview Drive Tallahassee, FL 32399 (2) ~{r. Daniel Trescott DRI Ccordinator SWFRPC P.O. Box 3455 ~;. Ft. r4yers, FL 33918 DE;,'ELOPMENT ORDER 99- ~.~E.O...~ PAPK DEVELOPMENT OF RE~IC:IAL iMPACT ~.':-2, AS ........ .~..'.'-.,S--~, FOR .-HE BRETON:;E PARK "~:-'--~-~.',~.,. 37 PEGiO::AL iMPACT ......... ~ .... : SECTIO:~ ONE TO AMEND PAPAGRAPH 4 OF THE '-~" ~" .... D.~Go OF FACT crc ..... 19 2ELETE THE REFERENCE TO THE .............. LAND USE D-SIGJAT~j AND ADD REFEREMCE TO A~; ASSISTED LIVI}]G FACiLITY/SKILLED ~URSING FACILITY WITH ANCILLARY USES, TO REFLECT THE ADDITION OF AN AMENDED MASTER DEVELOPMENT PLAN, AND TO REFLECT THE ADDITION OF THE ............. = PARK PUD; SECTION TWO, ~INDiNGS OF FACT; THREE, CO:;CLUSIONS OF LAW AND SECTION FOUR, EFFECT OF PREVIOUSLY iSSUED DEVELOPMENT ORDER, TPANSMITTAL TO DCA EFFECTIVE LATE. WHEREAS, the Board of County Co~missioners cf Collier County, Florida, adopted Development Order 87-2 {the Development Order) on April 7, 1987, which approved a Development of Regicnai Impact (DRI) known as Bre~onne Park Planned Unit Develcpmen5 in accordance with Section 280.06(6), Florida Statutes; and WHEREAS, the Application for Development Approval (ADAI ~:as amended by Development Order Number 88-1, on August 23, 1988, in accordance with Section 380.06(6), Florida Statutes; and WHEREAS, submitzal cf the proposed changes was made tc tke appropriate public authorities; and WHEREAS, the public notice requirements of Collier County and Section 380.06(10), Florida Statutes, have been satisfied and notice has been given to the State Land Planning Agency, and Southwest Florida Regional Planning Council; and WHEREAS, the Application for Development (ADA) was incorporated into and by reference made a part of the Deve!opmen% Order; and WHEREAS, the real property which is the subject of the Development Order is legally described and set forth in Exhibit "A", attached hereto and incorporated herein; and Words struck through are deleted; words underline__d are added. -1- WHEPEAS, the John B. Goodman Limited Partnership (:he "te'.'=!oz~" c~ the "A~pl~ .... .can~ ; DroDoses tO develop a Asslsted Living Facility, 60 bed Skilled Nursing Facilizy, with anc:_.ary uses, cn the 11.5 commercial tract of the £retcnne Park 2e'.'eissment of Regicnai impact (the "Prcuosed De','=~csm ccns-ltuting a substantia: deviation of the existing mui5i-use 5retcnne Park Develcsment of Regional Impact under ~%6.'((i9), Florida Statutes and requiring an amendment cf Collier County Development Order 87-2, as amended. The legal J-s-..~t.~n of the Proposed Development is set forth in Exhibit - , attached hereto and incorporated herein; and ./-,~c.., ller, Barton and Peek, and Ruden, · . .... ,csKy, Smith, chus~er & Russell, P.A., representing the beTeiomer, the John = Goodman Limited ~ ~- ~ ~ ' -' .a~~ne~s,~p, petitioned ihe Rcard of County Corumissioners of Col'let County, Florida, tc amens rte Development Order; and WHEREAS, the Board of County Commissioners of Collier County has reviewed and considered the report and recommendations of the Southwest Florida Regional Planning Council (SWFRPC), the State Land Planning Agency and held on December 3, 1998 a public hearing on the petition; and WHEREAS, the Board of County Commissioners of Collier Count':' has held a duly noticed public hearing cn the Substantial 2evlation Approval and has reviewed and considered the reports of the SWFRPC, the State Land Planning Agency, an~ the Collier County Planning Commission and the documents received in connection therewith and held a public hearing on Developer's petition on ; and WHEREAS, on December 8, 1998, the Collier County Board of County Commission duly adopted Ordinance , which amended the existing Bretonne Park PUD Document which provides for development of the proposed development; and Words struck throuqb are deleted; words Dnderlined are added. na7~ :'euiewec tLe =Zo';e referenced uccuments, as well as all relates testlmcny and evldence submitted ky each uar%y and memsers ~f ina 7enerai puDiic; and WHEPEAS, SWFRPC, the State Lana Planning Agency and Collier icunty have fsund that the Proposed Development does not create any addi12cnal regional ~mpacts; and WhEP. EAS, apprcual of the proposed development necessitates 2ertaln amendments to Development Or=er 87-2, as amended. ~:OW, THE?EFOPE, -~ =? iT RESOLVED by the Board of County Ccr~,issioners of Collier County, Florida that: SECTION Cf:E: A:~ENE:~ENTS TO DEVELOPMENT ORDER A. ?ara'~ra~h ,;, of the Finqings of Fact Jectizn c~ Le';elcSment Order %7-2, as amended, is hereby amendeG to teac as follows: 4. The applicant proposes the development of Bretonne Park Planned Unit Development for 333.48 acres which includes: I1.5 acres with a maximum of .~-30,nnn squar~ ~^~ ^~ ..... 210 Assisted Livin~ Facility units and 60 Skilled Nursing Facility beds and ancillary facilities,~ 1,380 dwelling units on 138.7 acres, and approximately 145.4 acres cf other uses including parks/open space, eighteen (]8 hole golf course, wetland preserve, and lakes. B. An A~ended Master Development Plan dated July, !998 is attached hereto as Exhibit "C" and ky reference is incorporated herein. C. The Bre[onne Park PUD document referred to in Deve!cgment Order 87-2, as amended, is amended by the A.~encment to the Rretonne Park PUD Document, Ordinance No. }8- attached hereto as Exhibit "D" and by reference incorporated herein. SECTiQN TWO: FINDINGS OF FACT A. The proposed change to the previously approved DRI exceeds cna of the criteria listed in Subsection 380.06[19) (b), Florida Statutes. Words. strUck ghrouch are deleted; words underlined are added. 5. The ,~pp!irant submitted to the County, the ~egiona! Planning Council and the State Land ~iann:nc ?.~ ...... F~.:'m KFM-~SF-PFEAPPi~;FO-i s.~i.-~ 2ccumen'" anS reiate~ material, as required ky Chapter 3~0, ~Icrlda Statutes, which application was duly adopted by the Southwest Florida P. egional Planning Council as the Application for De'zelcpment Approvai. C. The application is in accordance with Section D. The proposed changes to the previously approved Development Order are conslstent with the report and reco,."~nendations cf the SWFRPC, the State Land Planning Agency, and Ccl!ier County. E. A comprehensive review of the impact generated by the proposed changes to the previously approved development has been conducted by the County's departments, the State Land Planning Agency and the S, W~RPC. F. The development is not in an area designated an Area o~ Critical State Concern p~arsuant to the provisions cf Section 380.06, Florida Statutes, as amended. G. !;o increase in development intensity is authorized by this Development Order 99- SEC!O~ THPEE: CO~CLUSIONS OF LAW A. The proposed changes to the previously approved Development Order constitute a substantial deviation but do not create any additional regional impacts and do not require further Development of Regional Impact review. Words. struck ~hrou~h are deleted; words und,:rlined are added. 5. The ~rcpose,~ changes to the previously approved ze:'el,cpment ;;ill ncr unreasonably interfer~ with the achievement '~ '~= c~ectives o~ the .irate Lan~ Pevei~pment ~!an applicable ~o '. The proposed -zhan~es to the previously ~pproved ~evelo~ment are consistent with the Collier County Growth ~{anagement Plan and the Land Development Pezulations a~cpted pursuant thereto. 2. The proposed rhanges to the previousl7, approved 2e','elopment Order-~.-~_ consistent with the Comprehensive Plan. ~ ....... FCUP,: EFFECT OF PREVIOUSLY ISSUED ORDER, TPA~SMITTAL TO ~A A~D EFFECTIVE DATE A. Excemt as amended hereby, Development %rder Q7-~ as amendeo, sf~!i remain in full force ,~nd effect, olnc]lng ~n accordance with its terms on ,~l! parties thereto. B. Copies of this Development Order 99- shall be transmitted i~ediately upon execution to the Department of Co.unity Affairs, Bureau of Land and Water ~,[anagement, and the Southwest Florida ~eglona! Planning Council. C. This Development Order shall take effect as provided by law. BE iT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. Words struck ~hrouqh are deleted; words upderlined are added. This .~esolutlon ,3dopted after motion, second and maj©ri%y Done this :ay c~ , !99;'. BOARD OF COU~'iTY COr.;[.I!SSiC:iERS COLLIER COU£ITY, FLOPiDA D;';[GHT E. B~OC?[, Clerk Chairman A~ro'/e~ as to ~'orm and Legal Sufficiency Assistant County Attorney Words struck through are deleted; words underlined are added. Legal Description The ,,,,'est I/2 of Section 5. Township 50 S. Range 26 E. Collier County. Florida. less the north 50 feet for right-of-way of Radio Road (SR S-858) and less the south 75 feet for right-of-way of Davis Boulevard (SR ,";-856). Exhibi! A Legal Description Tract "B" Embassy Woods Golf and Country Club at Bretonne Park, Phase One as recorded in Plat Book 17, Pages 4749 of the Public Records of Collier County Florida. Exhibit B Exhibit C I ORDINAN('E NUMBER 98- 2 3 .%N ORDINAN('E AMENDING ORDINANCE NO. 87-15. AS AMENDED. TIIE BRETONNE -: PARK PI. ANNED UNIT DEVELOPMENT. BY AMENDING SUBSECTION 2..3. PROJECT 5 PLAN: AMENDING SUBSECTION 2.5. PLAN APPROVAL REQUIREMENTS: t, .."..MENDING SL'BSECTION 42. USES PEILMITTED: ;L.MENDING SUBSECTION -t.3 DEVELOPMENT STANDARDS: AND BY PROVIDING AN EFFECTIVE DAT[!. 't WIIEREAS. on April 7. 1957. the Board of County Commissioners appro,.ed Ordinance Itt Number ~-.I 5. ~ Mch established thc Btctonne Park Planned Umt Development: and Il WIIEREAS. on August 23. 19~S. :he Board of Courtly Commissioners approved 12 t)rdmance Number 88-1,7. '.~ hlch amended Ordinance :;umber 87-15. the Bretonne Park Planned I J I 'mt De,.elopment: and 14 ',VHEREAS. on February 25. 1989. thc Board of County Commissioners approved ; 5 t)rd:nan, ce Number 89-IO to corre~! scriveners errors appeanng m Ordinance }¢8-67: and 16 WIIEREAS. D. %%'a)~ne Armald of Wilson Miller. Barton & Peck. Inc.. representing John 17 I~. Goodman Limtled Partnership. petitioned the Board of County Commissioners o£ Collier 18 County. Florida. to amend Ordinance 87-15. as amended, as i'} NOW. TIIER[iFORE BE IT ORDAINED hy the Board of County Commissioners of 20 ¢ 'oilier t 'ounly. Florida that: 21 SECTION ONE: AMENDMENTS TO PROJECT PLAN SECTION -'2 23 Subsection 2..;. project Plan. of Ordinance 87-15. as amended, is hereby amended as 2.1 25 26 27 .'9 30 31 32 33 3-t 36 37 38 39 -tO .12 -:5 2.3 PROJECT PLAN 1'he .Master Development Plan l~r the project ~s ~nd~cated on Exh=bit II. and is an integral part of this PUD document. A reduced Version of the Master Development Plan is attached at the rear of this document. Elements of the ,Master Developmem Plan include: Land Use Streets 21.2 Residential Sites 138.7 ~ Assisted Livim, Facility/ I 1.5 Skilled Nursin~ Facility Lakes 35.0 Upland Recreation Open Space a8.3 Wetland Preserve I O. 3 .Maintenanc~Utility Area 4.5 Golf Course 51.8' Community Center 12.2 Total 333.5 £XHI~ET D ' Wo~s ~ ~ ~li~io~s: ,~k-~,~4s~hr~ are deleno'a.s. * Appro,umatel.v 1.1.4 acres of!his total to remain m nauvc umdnd habitat. :~l[h ~l~tlvc citing, fillin~ ~d cxoncs r~o~ al. Proj~t d~'ciopmcnt shall contb~ to the approved Mas~cr l)~elopmcnt Plan In g~l ~d to the approved Subdivision ('onslmctmn Pl~s. M~lficalions to Ihe approYed M~ter Dexelopment Plan of up to 5% shall ~ ~ltted to aceomm~a:e ch~ges reqmred by State or Federal priming agcm~. ~[C'TION TWO: AMENDMENTS TO PL.XN APPROVAL I?EOI 'IRI~MI[NTS %uhs~Imn ~ f. Plan ..~ppro~al Rcqmrcmcnts. of Ordinance hereby amended ~ 14 15 16 17 19 21 22 23 29 30 32 44 47 -:8 50 51 52 25 PI.AN APPROVAL REQI 'IREMI!NIS PURPOSE [he .Master Development Plan indicates the b~c nature of ,!cvclopment permitted for thc project al a 'a'holc. consisting of single farml,, residences oll il',dividual lots. Iow-nsc attached and d~:tached residential units of %arlou$ t.~T, es. golf courses, lakes, wetlands, and recreational open space. and :: ::c!gS~:'::S::~ .'-?:~FF:.".g ;.':.-::cc an ¢~sisted tiving,~kllled nut,mr l'~tht',,', anql anctllar,' us~,4. Recreauonal buildings and fac~lil:cs of various kinds may be eslablished m the area indicated on the Ma.stet Development Plans as Commumty Cenler and Recreatmnal Open Space. e:lhcr as a part cq' thc Initial de','elopmenl Irllprovcmerlts or at a subsequenl dale. Actual de~,'elopment of project infrastructure, residential units, recreational facilities, and the neighborhood shopping center will occur m a series of increments. The purpose of Ibc plan approval requirements is m provide a meeMlnism for the county staff IO review detailed development plans for Ihe project developmen! increments and to determine if the development increments and the detailed development plans compl)' fully with commitments established by the P.U.D. document. D.R.I. Development Order. County Zoning Regulations. and all other applicable ',tandzds and regulations. .'qECTION THREE: .~MRNDMENTS TO ('OMMERCI.-',,I. DEVF. LOI'MI[NT R E(;ULA I'IONS SECTION Section -L Commercial DeYelopmcm Regulations. Subsection 4 2. Uses Permitted. of O~d~nance ~;7.15..ts amended, is hercb? amended as folio'* s: -122 USES PERMITTED No budding or structure, or pma thereof, shall be erected, altered, or used. or land used in 'a'hole or part. for other than the following: A. Pnncipal Uses: I? 29 31 ~2 .~? 41 I. E~]n~ ~llttx' ~h~tt c~Ia~n a ma.~mum nt'2iO umts and thc nu~in~ f~ilt/v shall contain a m~x~mum ot'~.~ heals, and fi~nhcr SUbi~I Io lhe F AR r~qu~r~m~s established m Sccuon 2 ~, 2f~ nf Lamt D~ elopmcnt B. .Accesso~. L'scs Customary accessory uses and 'qmetures. :.'T::: :: :Ez ::.:.: ~.:m.,::: ::: ::q:::=:-'.LTh¢ a~s~st~cJ living facility and skilled nursing O¢~lir,' may include accessory relall't~ersonal grv~ce f:,cililfqs 'm~'h a,~ 'mndrv shot~, ~zil~ tll~. hairdr~s~r, dry clcanmm home health carc Scr'~.;g~ and re'her ~rmlar u~cs '~! ¢'TlOX i:Ol 'R AMENDMENTS TO DEVEI.()PMIiNI S r,~,Nr)ARDS SECTION '~;uhs¢ctmn 4 3. Dc%eloDrncn! .";tandards. ,d Ordln.lnc¢ h7-15, as .~mendcd. Is hereby amended as Iolh)~ S: DEVELOPMENT STANDARDS A. Penmeler Setbacks ~:Ion! Yard: Pir.'~ f g'ou k'vard Emb~s',' Wr~ods U. oul¢,.ar(j ..'~but rig I,'Iiltp.' ..~,ccessory [trueturcs Davis Boulevarr~ Embassy Woods [toulcvard Side Y~r~l; 11 I.~ 14 20 21 22 27 29 ~2 3~ 3~ 37 35 C. Required Landscape Buffer ,,~rc~:'.J:'!:,-.-: .~, ............ , ....., ...... ~F-'~Y. ar. As rcqmr~ by thc Collier County Zon~ Ordinancc'm effect al thc tJmc pcrm,s are requested. L/~ssmed Li¥inlt Fa¢iiit,,.: I soacc Per Z Skilled Nursmlt Facility: 2 sr)accs r~c'r ,~ beds SECTION FOUR: L:FFECTIVE DATE This Ordinance shall bec:omc efl'cctive upon I~ling w,h thc Dc'panmcnt of Sta~¢. 43 I 0 11 13 I1 I.~ PASSED AND DULY ADOPTED by ~hc flnard o! Counly ('omm~ssloncrs of ('ollm' L'ounty. Florida. th~s _day of .19Og. BOARD OF ('OL'NTy COMMISSIONERS COLI.IFR COl 'NTY. FI.ORIDA BARBAR.-'~ B. BERRY. £'I{-'qRMAN A ITEST D~.VIGItT C. BROCK. CLERK APl'ROVED AS TO FOR%I AND I. EG.~,L SL'I.'FICILN('y: --.2.~.....~z_~ ~ . ! 'et . ,., __ ~.IAR.IORII£ M. STUDENT ASSISI ANT COLLIER CO[;NTY A H'ORNEY Itrelonne Park H.'D Amendment ()rd~nancc, Disk A Date: January 14, 1999 Re: Resolution 99-71/Development Order 99-1 Bretonne Park Development of Regional Impact BCC Agenda Item #12B4 - 1/12/99 Per Assistant County Attorney, Marjorie Student, the date on Page 2 of this document should reflect the BCC hearing date of January 12, 1999. RESOLUTION NO. 99- 71 DEVELOPMENT ORDER 99-. 1 BRETONNE PARK DEVELOPMENT OF REGIONAL IMPACT A RESOLUTION AMENDING DEVELOPMENT ORDER 88-1, FOR THE BRETONNE PARK DEVELOPMENT OF REGIONAL IMPACT ("DRI") BY PPOVIDING FOR: SECTION ONE TO AMEND PARAGRAPH 4 OF THE FINDINGS OF FACT SECTION TO DELETE THE REFERENCE TO 7-~E COMMERCIAL LAND USE DESIGNATION AND ADD A REFERENCE TO AN ASSISTED LIVING FACILITY/SKILLED NURSING FACILITY WITH ;~;CILLARY USES, TO AMEND PARAGRAPH 3 OF AN UNTITLED SECTION TO EXTEND THE BUILDOUT DATE, TO REFLECT THE ADDITION OF AN AMENDED MASTER DEVELOPMENT PLAN, AND TO REFLECT THE ADDITION OF THE AMENDMENT TO THE BRETONNE PARK PUD; SECTION TWO, FINDINGS OF FACT; SECTION THREE, CONCLUSIONS OF LAW AND SECTION FOUR, EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDER, TRANSMITTAL TO DCA AND EFFECTIVE DATE. WHEREAS, the Board of County Corm~issioners of Collier County, Florida, adopted Development Order 87-2 (the Development Order) on April 7, 1987, which approved a Development of Regional Impact (DRI) known as Bretonne Park Planned Unit Development in accordance with Section 380.06(6), Florida Statutes; and WHEREAS, the Application for Development Approval (ADA) was superceded by Development Order Number 88-1, on August 23, 1988, in accordance with Section 380.06(6), Florida Statutes; and WHEREAS, submittal of the proposed changes was made to the appropriate public authorities; and WHEREAS, the public notice requirements of Collier County and Section 380.06(I0), Florida Statutes, have been satisfied and notice has been given to the State Land Planning Agency, and Southwest Florida Regional Planning Council; and WHEREAS, the Application for Development (ADA) was incorporated into and by reference made a part of the Development Order; and WHEREAS, the real property which is the subject of the Development Order is legally described and set forth in Exhibit "A", attached hereto and incorporated herein; and Words struck through are deleted; words ~nderlined are added. -1- WHEREAS, the John B. Goodman Limited Partnership (the 'Developer# or the 'Applicant") proposes to develop a 210 unit Assisted Living Facility, 60 bed Skilled Nursing Facility, with ancillary uses, on the 11.5 commercial tract of the Bretonne Park Development of Regional Impact (the "Proposed Development"), constituting a substantial deviation of the existing multi-use Bretonne Park Development of Regional Impact under Chapter 380.06(19), Florida Statutes and requiring an amendment of Collier County Development Order 88-1, as amended. The legal description of the Proposed Development is set forth in Exhibit 'B~, attached hereto and incorporated herein; and WHEREAS, Wilson, Miller, Barton and Peek, and Ruden, McClosky, Smith, Shuster & Russell, P.A., representing the Developer, the John B. Goodman Limited Partnership, petitioned the Board of County Commissioners of Collier County, Florida, to amend the Development Order; and WHEREAS, the Board of County Commissioners of Collier County has reviewed and considered the report and recommendations of the Southwest Florida Regional Planning Council (SWFRPC), the State Land Planning Agency and held on December 3, 1998 a public hearing on the petition; and WHEREAS, the Board of County Commissioners of Collier County has held a duly noticed public hearing on the Substantial Deviation Approval and has reviewed and considered the reports of the SWFRPC, the State Land Planning Agency, and the Collier County Planning Commission and the documents received in connection therewith and held a public hearing on Developer's petition on~~ and WHEREAS, on December 8, 1998, the Collier County Board of County Commission duly adopted Ordinance ~-_~_~_~, which amended the existing Bretonne Park PUD Document which provides for development of the proposed development; and WHEREAS, the Collier County Board of County ComMissioners have reviewed the above referenced documents, as well as all related testimony and evidence submitted by each party and members of the general public; and Words_~%.~L~_~ are deleted; words l~ are added. -2- WHEREAS, SWFRPC, the State Land Planning Agency and Collier County have found that the Proposed Development does not create any additional regional impacts; and WHEREAS, approval of the proposed development necessitates certain amendments to Development Order 88-1. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Collier County, Florida that: SECTION ONE: AMENDMENTS TO DEVELOPMENT ORDER A. Paragraph 4, of the Findings of Fact Section of Development Order 88-1, is hereby amended to read as follows: 4. The applicant proposes the development of Bretonne Park Planned Unit Development for 333.48 acres which includes: 11.5 acres with a maximum of ~3~,~ ~uarc ' ~ -~ Livfn~ Facility units and 60 Skilled Nursigu Facility bed~ and ancillary facilities, with ,] maximum floor area ratio {~AR)not to exceed~ factor of 0.45~ 1,380 dwelling units on 138.7 acres, and approximately 145.4 acres of other uses including parks/open space, eighteen (18) hole golf course, wetland preset/e, and lakes. B. Paragraph 3 of an untitled section of Development Order 88-1 is hereby amended to read as follows: 3. This Development Order shall remain in effect for the duration of the project. However, in the event that significant physical development has not commenced within ~ four years an~ ~ of the adoption of this a~ Development Order f~l~l~, development approval will terminate and this 4~evelopment eQrder shall no longer be effective. For purposes of this requirement 'significant physical development- does not include roads, drainage or landscaping but does include construction of buildings or installation of utilities and facilities such as sewer and water lines. This time period may be extended by the Board of county Commissioners upon request by the Developer in the event that uncontrollable circumstances delay the commencement of development. C. An Amended Master Development Plan dated July, 1998 is attached hereto as Exhibit 'C" and by reference is incorporated herein. Words struck through are deleted; words ~ are added. '3- C. The Bretonne Park PUD document referred to ~n Development Order 88-1, is amended by the Amendment to the Bretonne Park PUD Document, Ordinance No. 98-//_~_~__attached hereto as Exhibit "D" and by reference incorporated herein. SECTION TWO: FINDINGS OF FACT A. The proposed change to the previously approved DRI exceeds one of the criteria listed in Subsection 380.06(19) (b}, Florida Statutes. B. The applicant submitted to the County, the Regional Planning Council and the State Land Planning Agency Form RPM-BSP-PREAPPINFO-1, said form being entitled "Pre Application Conference Document" and related material, as required by Chapter 380, Florida Statutes, which application was duly adopted by the Southwest Florida Regional Planning Council as the Application for Development Approval. C. The application is in accordance with Section 38C.06(19). D. The proposed changes to the previously approved Development Order are consistent with the report and recom~nendations of the SWFRPC, the State Land Planning Agency, and Collier County. E. A comprehensive review of the impact generated by the proposed changes to the previously approved development has been conducted by the County's departments, the State Land Planning Agency and the SWFRPC. Words_~J~i_~ are deleted; words ~ are added. '4- F. The development is not in an area designated an Area of Critical State Concern pursuant to the provisions of Section 380.06, Florida Statutes, as amended. G, No increase in development intensity is authorized by this Development Order SECION THREE: CONCLUSIONS OF LAW A. The proposed changes to the previously approved Development Order constitute a substantial deviation but do not create any additional regional impacts and do not require further Development of Regional Impact review. Bo The proposed changes to the previously approved development will not unreasonably interfere with the achievement of the objectives of the adopted State Land Development Plan applicable to the area. C. The proposed changes to the previously approved development are consistent with the Collier County Growth Management Plan and the Land Development Regulations adopted pursuant thereto. D. The proposed changes to the previously approved Development Order are consistent with the State Comprehensive Plan. E. All commitments and impact mitigating actions provided by the applicant within the original Application of Development approval and supplementary documents, the pre- application document for this substantial deviation, or existing permits issued for the development of the project are officially adopted or readopted as the case may be as conditions for approval. Words struck through are deleted; words l~~ are added. '5- SECTION FOUR: EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDER, TR3%NSMITTAL TO DCA AND EFFECTIVE DATE A. Except as amended hereby, Development Order 88-1, shall remain in full force and effect, binding in accordance with its tern%s on all parties thereto. B. Copies of this Development Order 99-~___ shall be transmitted immediately upon execution to the Department of Community Affairs, Bureau of Land and Water Management, and the Southwest Florida Regional Planning Council. Co This Development Order shall take effect as provided by law. BE IT FURl"HER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this Atte:t a~ .U, CMl,-man'$ ATTEST: :DWIGHT E. BROCK, Clerk __ day of~~_~, 1999. BOARD OF COUNTY COMMISSIONERS COLLIE% COUNTY, FLORIDA, Approved as to Form and Legal Sufficiency Assistant County Attorney g/DOA- 98 - 3 Words_~.~k~_~ are deleted; words l~ are added. '6- Legal Description The ,.,,'est i/2 of Section 5. Township 50 S. Range 26 E, Collier County, Florida. less the north 50 feet for right-of-way of Radio Road (SR S-858) and less the south 35 feet for right-of-way of Davis Boulevard eSR S-856). Exhibit A Legal Description Tract "B" Embassy Woods Golf and Country Club at Brctonne Park, Phase One as recorded in Plat Book 17. Pages 4749 of the Public Records of Collier County Florida. Exhibit B AN ORDINANCE A.%IENDING ORDINANCE NO. 87-15, AS A.%fENDI~D. THE PA~ P~ED ~ DEVE~P~E~, BY ~tE~G S~SE~ION 2.3, PRO~ A~IEN~G S~SE~ION 2.5, P~ ~PROVAL ~IE~G S~SE~ON 4.~ US~ P~k(~ ~t~G S~SE~ON 4.3 DEVE~P~IEN~ ~~S; ~' BY PROLOG ~ E~E~IVE DA~. V~IJEREAS, on Alxil 7. 198'/, 1~ Bo&'d of County Conunisslonc3's approved OTdin~flcc Number 87-15. which establi~ed the Bt,~onne Pa.-k PI~'~I Unit D-'".'elopm~t; Nd V, ItEREAS. on Au~mst 23, 1985, the Board of Count7 Commissioners a~proved Ordin~s~e Number 88-67, which amended Ordinance Number 87-15. the Bresorme Pzrk Planned Unit Deyc~; and WHEREAS, on Fdx'uary 25, 1989, the Boad of Cmmt7 Commissior,crs approved Ordinance Number $9-10 to co, eot scriveners re'ors appearing in Ordinance 88-67; znd 9.1IEREAS. D. Wahine AmoM of Wilson ~tiller, Bar,on x, Peck. Inc., r~rcse~ting John Fl. C_modman Limiled Pa'tnes~hip, i>~itloned Ibc Board of Count'/Commissioners or' Collier Cmmty. Flor~ to an,end Ordinar~¢ 87-15. u amended, as follows: NOW. TIIEREFORE BE IT ORDAINED by the BoLrd of County Cormnissionc~3 Colli~ County, Florida that: SECTION ON'E: A.%IENDMEN'TS TO PROJECT PLAN S ECT1ON Subs~lion 2.3, Project Plan, of Ordinance 87-15, as am~dcd, is h~cby amended as follows: PROJECT PLAN Ao The Mast~. Devciopmenl Plan fo~ thc project is indic~tcd on Exhibit H. and is an integral part of this PUD document. A reduced version of thc Ma.sta' Development Plan is attxched at thc rca: of this docu. mcn£. Elements of thc Muter Development Plan include: St~"~ 21.2 ~, P, csidgndal Sits 138.7 _~%~ ~ -T1 ~emmeeee Assisted Liv~n~ Facili~/ ! 1.5 Skill~ Nunln~ F~ili~ ~" ~ ~s.o ~-~ Up~ ~ ~ Sp~ 483 W~ Pr~e 10.3 ~m~;ili~ ~ 4.5 ~~ C~ ~ 2.2 T~! 333.S 'Appl~dmale~y 13.4 ~ of this total to remain in native upland habitat, with selective clearing, fillJn~ ~ ~ics r~oval. P~ d~e~ s~ll conf~ to thc appmv~ M~t~ D~'elopmcnt PI~ in g~al ~ to ~ ~rov~ Su~i~sion Co~ction Pl~s. M~i~ati~s ~ I~ appmv~ M~t~ D~clopment PI~ of up to 5% shall ~ ~iR~ ~ ~atc c~ges required by State or Federal SE~ON ~'O: AM~~S TO P~N APPROVAL REQ~REME~S SE~ION S~i~ Z~, P~ A~al R~i~ma, of ~di~e 87-15, ~ ~ended. is 2.5 PLAN APPROVAL REQUIREMEN=I'S A. PURPOSE The Mag~' Development Plan indicates the basic nature of development permitted f~ the project as a whole, consisting of single family residences on indi,,'kl~al lots, Iow.risc astached and detached residential units of vafiotts types, ~olf ¢omses, lakes, wetlands, and recreational open space, and: .-.dg.t.t~.~::_~ ;.~.:~;!::.~; :~..:,. an ~sisted livin_z/skilled nur~lg /aciti _ry. and ancilla.,-v us¢~. Recreational buildings and facilities of various kinds may be established in the area indicated on thc Ma.ster Development Plans as CorrlnlUnity Center and P. ecreatJonai/Open Space, either as a part of the initial dewelopment improwment$ or at a subsequenl date. Aclual dt'velopment of peojecl infrastructm'e, residential units, recreational facilities, and the ncJ~hbochood shoppjn$ center will occur in a serh...s of increments. The purpose of the plan approval requirements i$ to provide a meebatlJsm fo~ the eaemty ruff to review detailed development plans for the Imajecl dev¢lagment incra, nents and to determine if Ibc development |ncrellle~ a~l I~ detailed development plan~ comply fully with commitments established by the P.U.D. document, D.R.I. Development O~der, County ZoninS Regulations, and all otber applicable standards and [esulations. SECTION TIIREE: AMENDMENTS TO COMMERCIAL DEVELOPMENT REGULATIONS SECTION Section 4, Commercial Development Regulations, Subsection 4.2, Uses Permitted, of Ordinance $7-15, as amended, is hereby amended as follows: 4.2 USES P EP~flTTED No building or structure, or part thereof, shall be erected, altered, or used, or la~d used in whole or part, for other than Ibc following: A. Principal U~: L 2. MaintenanceJutility site. B. Accessory Uses: i. Custom~y a~ccu~/uscs ~nd structures. SECTION FOUR: A.~,~'ND.MENI'S TO DEVELOPMENT STANDARDS SECTION Sub. etlon 4.3. D~'gopment Standards, of Ordinance 87-15, as amended, is hereby ame~._~ as folknv~: 4.3 DEVELOPMENT STANDARDS A. Pcrirr. ctcr Sctbxks Front yard: l~mbassv Woods Boulevard L Abutting Ufili~ Site Accessory Struetur~ Front Yard.'_ l~mba~tw Wmads Boulevard Wm~s ~ ~re ~M~; ~hrouSh ate SECTION £Otm: 13:FECTn~. DATE This Ordiaance shall become effcctive upon filing with the Department of Stale. PASSED A]q~ DULY ADOPTED by the Board of County Commissioncrs of Collier Coualy. Fle~a, Ihh ~..~__da', n~ ~ 1~08. BOARD OF COLrNTY CO~I~flSSIOZ~fERS COLLIER COUlqTY, FLORIDA · ~ G~BR~ ~E~ '~.;'" '~ .~ ~.~.~. / _ __~ Attest as to ASSISTANT COLLIER COUNTY A FrORNEY Bmoane Padc PUD Ameadmem Ordinance/Disk A STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 98-112 Which was adopted by the Board of County Commissioners on the 8th day of December, 1998, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this llth day of December, 1998. January 14, 1999 Mr. Steve Atkins, Planner Development of Regional Impact Section State of Florida Department of Community Affairs 2740 Centerview Drive Tallahassee, FL 32399 Re: Development Order 99-1/Resolution 99-71, Regarding Bretonne Park Development of Regional Impact Dear Mr. Atkins: Transmitted herewith is a certified co$.y of the above-referenced document, adopted by the Board of County Commissioners of Collier County, Florida, on Tuesday, January 12, 1999. Very truly yours, DWIGHT E. BROCK, CLERK Lisa Steele, Deputy Clerk /las Enclosure January 14, 1999 Mr. Daniel Trescott DRI Coordinator ~RPC P. O. Box 3455 North Fort Myers, FL 33918-3455 Re: Development Order 99-1/Resolution 99-71, Regarding Bretonne Park Development of Regional Impact Dear Mr. Trescott: Transmitted herewith is a certified copy of the above-referenced document, adopted by the Board of County Commissioners of Collier County, Florida, on Tuesday, January 12, 1999. Very truly yours, IYWIGHT E. BROCK, CLERK Lisa Steele, Deputy Clerk /las Enclosure ~t~ ~t~ St~e ~ Ft~t~ ~ty ~ ~f~e t~ ~rst~ ~t~ty, ~r~tty CoLLier C~ty, ~t~;~: t~t t~ mtt~ Afft~t furt~r ~s t~t t~ Mid ~t~ CoLLier C~ty, FL~I~, ~ t~t t~ ~r ~s ~of~e ~ ~tt~ty ~tt~ in Mid Cottlfr ~y, lt~t~, ~h CoLLier C~ty, ;t~t~, f~ · ~t~ Mst ~ t~ first ~itMt~ ~ t~ mtt~ ~ of ~t~; ~ effl~ f~t~r ~t t~t ~ ~ Mtt~ ~td pr~tt~ ~ ~s f~rl ~ c~mtl~ dts~t, r~tes MtstI~ ~ ref~ ~;~D ~: 11/12 (including this cover/ !!!!ii1111111]1111111111111111111111111111111111111111111111111 !i1111111111111111111111111111111111111111111111111111111111111 iFROX~ LISA STEEl,E: LOCA~IOIr: Collier County Courthouse FAX IlO: (813) 77a-8408 , PHO~'NO: (813) 776-8606 ITime sent: October 22, 1998 Ms. doyce Blazier Naples Daily Ne~s 1075 Central Avenue Naples, Florida 34102 Re: DOA-98-3 - DR~-86-2 Dear doyce: Please advertise the above referenced notice on,: tim~ on r.;oveml-~',r 12, 19OR, ,~lr~r] ki~l,lly r:,.I,,I Ih,, Alt i,l,.vit ,,I ,lul~licdt,~, t,~g~thuz' wiLh cl~rges involved to thi~ o~ice. Thank you. Sincerely, Lisa Steele, Deputy Clerk Purchase No. 912501 NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County, will hold a public hearing on TUF, gDAY JANUARY ]2, ~in the Boardroom, 3rd Floor, Administra~er County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. Collier County has received an Application for Development A for a Development of Regional Impact pursuant to Section 380.06, Florida Statutes, from Donald W. Arnold, representing the John B. Goodman Limited Partnership. Approval of the application will res,lit in the following development proposal: A Planned Unit Development of mixed land uses, predominately residential within a golf course/open space environment and further containing a 210 unit Assisted Living Facility and a 60 bed skilled nursing facility, occupying a total land area of 335.5 acres, referrod to as the Brettone Park DRI. The Brettone Park DRI occupies land located in the North side of Davis Boulevard (SR-84J and opposite County Barn Road. Information and reports on the Development of Regional Impact application may be reviewed in the Community Development Division, Development Services Building, Planning Services Section, 2800 North Horseshoe Drive, Naples, Florida 33942 BOARD OF COUNTY COI~4ISSIONERS COLLIER COUNTY, FLORIDA BARBARA B. BERRY, CHAIRMAN ~;IGHT E. BROCK, CLERK By: /s/Lisa Steele, Deputy Clerk (SEAL) October 22, 1998 Mr. Peter Worthington Director of Design and Construction Services John B. Goodman Limited Partnership 1107 Hazeltine Blvd. Suite 200 Chaska, Mn 55318 Public Hearing to Consider DOA-98-3, DRI-86-2 Brettone Park Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, January 12,1999 as indicated on the enclosed notice. The legal notice pertaining to this ~e~ition will be published in the Naples Daily News on Thursday, November 12,I99R. You are Invited to attend this public hearing. Sincerely, Lisa Steele, Deputy Clerk Enclosure October 22, 1998 Ms. Marilyn Mullen Healy, Esquire Salem, Saxon & Neilsen, PA One Barnett Bank Plaza 101E. Kennedy Blvd. Suite 3200 Tampa, FL 33602 Public Hearing to Consider DOA-98-3, DRI-86-2 Brettone Park Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, January 12,1999 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Thursday, November 12,1998. You are invited to attend this public hearing. Sincerely, Lisa Steele, Deputy Clerk Enclosure October 22, i998 Mr. Donald W. Arnold, AICP Wilson, Miller, Barton & Peek, Inc. 3200 Bailey Lane Suite 200 Naples, FL 34105 Public Hearing to Consider DOA-98-3, DRI-86-2 Brettone Park Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, January 12,1999 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Thursday, November 12,1998. You are invited to attend this public hearing. Sincerely, Lisa Steele, Deputy Clerk Enclosure (Ols~t~ ~., LKIC~, etc.) ~/_,~ ............................................. ~ ........................ ;E_;';T'_?;?'_?~:'&_ Construction S:rvtco5 John B. Goodman Limited Partnership. 1107 Hazeltine ~. KU~.~ ?~ Ch~c~n.~ c~R (7~. M~rilyn ~]ll~n ~al7- ~quir~ H~I~c., Saxon ~ ~l~Llsen,P% One Hafn~%~ Bank Plaza I01 E. ~ennedy Bi~8, · ~ · .~.s o~ ~,~s) :: ~m~.t~ct~.s~fic.: Ru{t~ ?200 -~,Fi~ 3'3602 ::~ .,. s~,~..:~sa~u~c) (3) Mr. Donald N. Arnold, AICP, ~ilson,Miller, Barton & PceW.,:nc. 3200 ~aiiey Lane, Ste 200, Naples,Fla.34105-8507 0 ISTI IIUTIC~ l KTIIJCT IC~ ~J NOTICE OF PUBLIC HEARinG TO WHOM IT ~L~Y CONCERN: NoOce ts hercby given that Coil/er Cotmgy. has recesved ~ A~I~ f~ D~cl~t A~roval for a ~e~ of ~1 ~ ~ ~ ~ 3~,~, ~ S~ fr~ ~M W. A~i~ ~g ~ Jo~ B. ~ ~ P~.A~ of~ ~fi~ ~H ~it ~ ~ ao ^ Ptatmed U~ I~.ve~ ofmized laud uses. predomiz~ly 210 ~ ~ ~g F~ ~ a ~ ~ ~ ~mg f~ili~, ~g The Bremme Pa~k DP.I occupies land located in fl~e North side of Davis Boulevard ($R.84) and opposite County Btm Road. Development Division. Developmem .Servi~ Befldial. Plam~g 5etvic~ Section. 2800 North Ho~u~)e Drive, Nsplet, Florida 33942. October 22, 1998 Mr. Steven Atkins, Planner Development of Regional Impact Section State of Florida Department of Community Affairs 2740 Centerview Drive Tallahassee, F1 32399 Public Hearing to Consider DOA-98-3, DRI-86-2 Brettone Park Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, January 12,1999 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Thursday, November 12,1998. You are invited to attend this public hearing. Sincerely, Lisa Steele, Deputy Clerk Enclosure October 22, 1998 Mr. Daniel Tescott DRI Coordinator S~RPC P.O. Box 3455 N. Ft. Myers, FL 33918-3455 Public Hearing to Consider DOA-98-3, DRI-86-2 Brettone Park Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, January 12,1999 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Thursday, November 12,1998. You are invited to attend this public hearing. Sincerely, Lisa Steele, Deputy Clerk Enclosure DEPARTMENT STAT[ OF fLOKIDA OF COMMUNITY AFFAIRS 'He/ping Floridians create safe, vibrant, sustainable communities' 128 STEV£N M. S[II[Kr February 25. 1999 Mr. Ronald Nino. DR! Coordinator Collier County Planning Services 2g00 North ttorseshoe Drive Naples. Florida 34103 Re: Bretonne Park Development of Regional Impact: DCA Project No. $6-070 Review of Adopted Amendment lo the Dcvel°pment Order Dear Mr. Nino: We have completed thc review of the adopted amendment to the development order (D.O.) for Bretonne Park Development of Regional Impact (Collier County D.O. Number 99-l; Resolution 99-71). adopted on January 12, 1999 and rendered to the Department on January 14, 1999. It has been determined that Ihe revision to the development order meets the requirements of Section 380.06(I 5), Florida Statutes, and Rule 9J-2,025, Florida Administrative Code. The Department has no commenls relafin$ to the subject D.O. and will not appeal its adoption. if you have an)' questions or comments regarding this matter, please call Joseph Addae- Mensa, Planner II. or Roger Wilbum. Community Program Administrator at (850) 487-4545. Sincerely, /~ Charle~ Gauthier, AICP Growth Management Administrator CG/jam cc: Dan Treseott, DRI Coordinator. Southwest Florida Regional Phmning Council Dwight E. Brock, Clerk Collier County Marilyn Mullen Healy, Esq., Salem, Saxon, & Neilson, P.A. 2S5S SHUMARD OAK BOULEVARD · TALLAHASSEE, FLORIDA 32399-2100 Phone: {SS01 488.84661Suncom 278-8466 FAX: (850! 921-07811Suncom 291-0781 Inteene! address: hllp:llwww.state.fl.uslcoma(f/ ,~rh d CnitcM SMe C(~,cem r~',d Off,ce N49taS, fl. CoULter C~ty, ft~: t~t t~ att~ ~ ~t~ ttst~. Affect furt~r ~9 t~t t~ ~d ~t~ Cottter C~ty, f[~t~, ~ t~t t~ ~r ~s ~retof~e ~ ~t~y Cottter ~ty, Ft~l~, f~ I ~rl~ of 1 ~r ~.t ~K~I~ t~ first ~tl~tf~ ~ t~ att~ ~ ~ ~ertt~t; ~ Ifft~t dls~t, r~te, MttSt~ ~ ref~ f~ t~ ~ of ~rt~ thll ~ttwt f~ ~tt~tt~ tn t~ Mid ~r. ,z~[o ~: ~/u~ ....... n _ ~ ('~ ~'~ ~ce ~ ~.....~,~ '~ , · -~.. ..... ~ ~ - .~/ NOT~CE Of: T 0 CON~ R t~e ~ ~e~ thor on TUESDAY JAI~ARy 12, 1~, the Boa(droom, 3rd Floor, A dmlnlstroflon Easl Tomlaml Troll, Nople~, Flor ldo, the ~~oC~ AN ORDINANCE AMENDING OROI* NANCE NU~BE; e1-1~ T~ C~LER C~NT~ LAND DE- VELOPMENT C00E WHICH INCLUDES TH~ CO/APREHE~4. ~ ZONI~ PEGU- L~TIO~5 FOR THE UNINCO~POeATED A~EA OF COLLIE~ COUNTY, FLORIDA BY A~4G T~ ~F~ ZO~ AT- LAS ~AP NU~ I~; BY ~ Z~41~ CLA~ FICATION OF THE ~REIN DE~RIBED REAL. PROPERTY FROM 'A' TO ~" RESIDENTIAL/ ADULT LI ~ACIL ITIES/NU~SING TY L~ATEO ON T~ EAST ~ ~ C~. INTERSECTION T~EN ~, 9~I AI~ VA~RSILT 8EACH gOAD (~. 16~ ~CTIOPI 3S, T~IN- SHIP 41 SOUTH L~R C~HTY, FL~I. UA, CON~STIt~ P~ING' AN EF. FECT~ DATE. Pe~ t~. ~-~-1~, ~., ''Mourlel'' rtslUenflal/multi.f orally u',e S, adult living I~IIItleS/n~sl~ ho~e ~, R~ 2~ E~, C~ M ~ ~d ~ C~ m ~ ~d ~e ~ t~ ~c- NOTE: All ~ Hem ~t ml~l%tr otor PRIOR to ~ ~s wl~ r~z~ ~ ~ C~r- Per.ns wishing to ~d ~ ~k~ m~ ~ 3 we~ ~ r~ PAH PERRELL NAPLES ~ ]~C):, 263-6703 ff']t,C~: LISA STEELE ~ ~0: {941} 774-8406 November 17, 1998 Ms. Para Perrell Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: PUD-98-15 Mauriel residential/multi-family uses Dear Pam: Please advertise the above referenced notice one time on Sunday, December 27, 1998, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Lisa Steele, Deputy Clerk Purchase No. 912501 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY, JANUARY 12, 1999~ in the Boardroom, 3rd Floor, Administrating, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: ~ ORDINANCE ~4ENDING ORDINANCE NUMBER 91-102 THE COLLIER COUNTY L~D DEVELOPMENT CODE ?~ICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNICORPORATED AREA OF COLLIER COUNTY, FLORIDA BY ~4ENDING THE OFFICIAL ZONING ATLAS MAP NUMBER 863536; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPER~f FROM 'A' AGRICULTURE TO 'PUD' PLANNED UNIT DEVELOPMENT KNOg~ AS "MAURIEL' FOR RESIDENTIAL/MULTI-FAMILY USES, ADULT LIVING FACILITIES/NURSING HOME FOR PROPERTY LOCATED ON THE EAST SIDE OF C.R. 951, NORTH OF THE INTERSECTION BETg~EN C.R. 951 AND VANDERBILT BEACH ROAD (C.R.862) IN SECTION 35, TOg~SHIP 48 SOUTH, RANGE 26 EAST, COLLIER CO~FY, FLORIDA, CONSISTING OF 38.99 ACRES; AND BY PROVIDING AN EFFECTIVE DATE. Petition No. PUD-98-15, William L. Hoover, AICP, of Hoover Planning, representing John J. Mauriel, Jr., Trustee, requesting a rezone from 'A' to "PUD' to be known as 'Mauriel" for residential/multi-family uses, adult living facilites/nursing home for property located on the East side of C.R. 951, North of the intersection between C.R. 951 and Vanderbilt Beach Road in Section 35, Township 48 South, Range 26 East, consisting of 38.99 acres. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. Ail material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BARBARA B. BERRY, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Lisa Steele, Deputy Clerk (SEAL) November 18, 1998 John J. Mauriel, Jr.,Trustee 6566 France Avenue South Apartment #410 Edina, M~; 55435 Public Hearing to Consider Petition PUD-98-15 Mauriel for residential/multi-family uses Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, January 12, 1999 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, December 27, 1998. You are invited to attend this public hearing. Sincerely, Lisa Steele, Deputy Clerk Enclosure November 18, 1998 William L. Hoover, AICP Hoover Planning 3785 Airport Road North Suite B Naples, FL 34105 Public Hearing to Consider Petition PUD-98-15 Mauriel for residential/multi-family uses Dear Petitioner: Please be advised that the above referenced petition will be considered ~! the Board of County Commissioners on Tuesday, January 12, 1999 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, December 27, 1998. You are invited to attend this public hearinG. Sincerely, Lisa Steele, Deputy Clerk Enclosure COLLIER COUNT~' FLORIDA REQUFJiT FOR I.EGAL ADI,'ERT1SING OF PUBLIC llEARINGS Tn: Clerk It) the Bnard: Please place the fnilm~ing as a: XXX Norrn.~l kg. al Advcmscmcm tDispl~- Adv.. Ioc~mno ¢1c l Origm.'mng DcplJ Dis" Corem. Der Scrv./Planning PclJlmn No. (If none. g~sc bncfdcscnixion): ~ Dale; ' Pcli0oncr tNamc& Addrcs~l: ,~ ' 6.~6 s [Ih A nnmcnl .410 Edina MN 5.5435 Narn~ & Addrcs~ ofa~' ix'rsom$! Io be nolil'~d ~' Clerk's Ofl'i~: (If more space is n~d~d, allah scparale sheet} William L !! r I t · anmn 3?R~ i N I It Na I 3.11l}5 XXX Naples Daily O~her [] Legally Rcquircd Proposed Text: (Include legal descnplion & common Iocalion ,e. Size: Pclilion No. PUD-91g. 15, William L. IIoovcr, AICP. of tl(x~'cr Plannln~ rccmcsc~m= John $. MmjnCl. Jr.. Truslce. rcoocslim~ a fez. one from "A" to "PUD" lo ~ known as "Mauricl" for rcsldCnllaltm.lli-famdv usc,s, ad. Il lis~n~ r,~litics/numne home fo~ mo~-_ m. lec~tcd on ibe Easl s[d¢ of C.R. 951. Norlh of thc mlCrSccf~on belss-ern CR. 951 and Vandcrbill Beach Road in Scclion 3~. Township 4~, ~lh. R;ln~t¢ 26 Easl. ¢on$isling of 3g.99 Companion pcliticm(s), if any & proposed IICari~L~ Do~ PClition Fee include advcrli~in~ qo~? E~c~ r"} No IfYeL wha! __-~::ounl should be charged for advertising costs: 113-13113124"9110 0 ,, Dis'~sion I Icad Dale / Count' Mamccr Date Lisl ^lbxhmcnts' DISTRIBUTION INSTRUCTIONS Ao For hearings before BCC or BZA: Initiating person to complete one coy and obtain Division Ilead approval before mbmitfing to County Mznzger, Note: If legnl documen~ is |nvoh*ed. be rare that any necessary legal review, or request for same. Is mbmittcd to Cmmt)' Attorney before mbmitting to Coenty Manager. The Manager's office will distribute cop~s: [] Ctmnly Manager agenda file: Io Clerk's Office Requesting Dividnn [] Original B Other hcar[ngs: Initiating Division head lO approve and submil original to Clcrk's Officc. rcmining a cop?' for file. FOR CLERK'S OFFICE USE ON~Y: ORDINANCE NO. 98- AN ORDINANCE A24ENDING ORDINANCE NUMBER 91-i02 .-HE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIO~IS FOR THE UNINCORPORATED AREA OF COLLIER COUIITY, ~LORIDA BY A24ENDING THE OFFICIAL ZONIMG ATLAS MAP ::UMBER 863536; BY CHANGING THE ZONING CLASSIFICATION THE HEREIN DESCRIBED REAL PROPERTY FROM "A" AGRICULTURE TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS 'MAURIEL" FOR RESIDENTIAL/MULTI-FAMILY USES, ADULT LIVING FACILITIES/NURSING HO~.:E PROPERTY LOCATED ON THE EAST SIDE O}' C.R. 951, NORTH OF THE INTERSECTION BETWEEN C.R. 951 A~D VANDERBILT BEACH ROAD {C.R. 862) IN_~_.g-cT'n:I.~. 35, TOWNSHIP 48 SOUTH, PANGE 26 EAST, COLLIE~ COUNTY, ~'LORIDA, CONSISTING OF 38.99 ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, William L. Hoover, AICP, of Hoover Planning, representing John J. Mauriel, Jr., Trustee, 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: SECTION ONE: The zoning classification of the herein described real property located in Section 35, Township 48 South, Range 26 East, Collier County, ~lorida, is changed from "A" Agriculture to "PUD" Planned Unit Development in accordance with the "Mauriel" PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Map Number 863536, as described in Ordinance Number 91-102, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the 2epartment of State. PASSED AND DilLY ADOPTED by the Board of Count~, Commissioners Collier ".ounty, ~'1oric~m, this day cf BOARD OF CCUNTY CgMM!SSIO~IERS COLLIER CCUIITY, FLCP!CA L~IGHT E. B~GCK, Cleft BY: BARBARA B. ~ERRY, Uhairman Legal Assistant C:unty Attorney -2- lUIBI[I. FIB PREPARED FOR: dOHN J. MAUPJEL JR~ TRUSTEE 65~6 FRANCE AVENUE ~. Jr410 PREPARED BY: WILLIAM I. HOOVER, AICP HOOVER PLANNING AIRPORT ROAD N., 8urrE B BEAU KEENE, P.E. KEF. NE ENGINEERING 37~5 AIRPORT ROAD N., SUITE D NAPLES, FL 34105 DATE FILED ~ DATE REVI~ED TO R 20 1998 DATE REV1EWED BY GCPG DATE APPROVED BY BGC ~CE NUMBER EXHIBZT I'~L~. Olr LIST Of ~$ / $ 8 _ ~ ~ I II I UlIIII IIIIIIIII II IIIIIIII I I III I I III IIIII III I II I i '-! The suMicl Fopeys IocMen in MiM)n Io emln~ o, ~ conv~n,ty bcMee and Nnicie lw,nils l,e ~s mekJeneM dens~ ~s deecribe~ 2 uSeS m mlukld In Poic~ S4 d l~e Fsln IJnd USe £~enem. 3 ~ Cc, uMy L~nd Da,q4~~ Cc~ H s~ Io,~ ~ C)~,ve 3 of ~ Fu~,re Lind U~ E~ma~ 4 S Ot~ 1 S c4 l~e D~MISe Sul)-~WmM d l~e/)MMic FKdd)ee E~ment Use 4 (MMtna un~s/lf~e 4 (bltng uwb~K~e 7 AdeeuMl Pulde F~ dle Colk~ Coo,dy Ladd Oevelopme~ Code. 1.1 1.2 1.4 M. CTION I T~ Nor~ hMI ol Il 8mwwm (luerlM ot ~he ~1 (l~ner or S4cllon 3S, Towlil~ M ~ ~ 26 Eml, CoMr County. Flort(t~. Helen Wff),, L~. CMiomle I~)M~ il b(mld on 114 M slde ol C,R, g,5~, The m mm~jm(~ mmm c~,m,~ly hmm A~,Ic~N~,M Zo,W~ mhd m p,(~)w~ 1.5 1.6 12b 5 ~ is Ire CR-M)I rcidslde (Mch Im:Med M I~e mt p~e~ nne of NMm'M gtmmd ~ ~ ~ 12.0 NGVD wil/m Ihe onlite wet/and meas Io 13.0 NGM:) M l~e CI~t/t~ k~ ~mdtM~g the w~l i~'opetty Erie; mm~e Mle ~ I~ 12.4 NGM3. The enete IM Is ~ w~Nn FEMA The weW ~ s)~im M I~ pro)~ FopoMs me cons~ of a I)MlmIIM berm ~ CrIM IMYMg~ Mt M or M)ov~ Ihe 25-yeer. 3-day ~ak ~ sine. WMM M ~mi~ekmM M ~ In me on. sM/ake system prk~ to ~ tn4 w Imled k): eonn MiMIMi~ wlm a INM ~ r.te of 0. o4 IM klIII M IM ImNW~ II IIII4MIiMiMif ~ - ~ Fk)i Sial, ~ tame by Ihe CR-BS1 carrel, g~N)e vine and pom(~ h~ t.7 4 2.1 2.3 24 25 26 DESCmPTK)N OF Pm:UECT ~ OR ~NTE~ gF LAND USER RELATED PRO.CT PlAN APPROVAL REOUIRE._UENT.q A TI~ ~ o~ ~ 33. ~lf ~ PI,tm of It~ Land plmlmi Irlc~, of pefC~ OI kl~ l~ I:~vlded m tatct ~ 3 3 prior to C,r ~2g~EL UNITS ~ &~IE6 FA~ILITIE~ A B FOR OFF-roTE I~ __w~_ AL OF F.J.~HEN ~U~.TER~' 6 MMwFomlomdCXMilan 3.S Exc~MIch d the IJnd i:)evelc~T~n~ 8EGTION 11 3.1 32 The Ix~me ~ ~LL .lNG uNrr~ 3.3 3 Lie deemed comlwab~e m na~e ~ [he Deve/~ment ,. .. 34 S Including ~ ~ will~n any g A I I ,,, I Il IIII IIII III I I - ! MnmlM1 LM,4Mt MuM] ~LM~ IdA NA 2(~ M BH NA tM 2~ ~T 2(T ~' ~1,' 25' t0' 1(~ 1S'M 1~2 SBH 36° and 2 iioM~ 20~ 36' 1200 S4 Irt 2~CkehOuM 35' 11(X) SQ Irt tcl/gl/Ige tl B A ~ ot saty (60) percem open sl)~ce. ~s described ~n Seckm 2632 ot lie LMM Dm~opniM CoM. shMI be prov~c.K~ M i~ (2S) pmcem o~ m~ vi~)Ae nafura,y Mew ~ Oh-Me (flMurM hMXbt preserve ~ ~ IM OMI(~ Itel possUM, shall be o~-Me. ~s desotbtd m Secllon 39553 of the Land 2 1 Fo ~ M be pwwliM~ N deKM)~ w4~ ~ 2.5 ol ~ Comer I~.CTION IV ,I.1 42 43 B 4¸,4 4.S 4¸8 47 IxJrsuln4 Io Sec:Eon 2.7.3.6 c~ Ihe ~ Coun~ L~nd Demerit Code. County Land WATER --_.~_,,_A,u:-,,~NT gte ~ FIOIt(M Wetef M~geffle~ Di~trfcl ($FWMO) Wa~ Pem~ Nlekake ~ be ~em to Cof~ Cou~ Right.of-Way p~ tO Final III A WMIf ~ tlllgl C30~ ~ ~ ~ inlenm w'dfer ~ seooge ImeMw~ focJlMs lo serve tho 1~ ore lo be cles;gned. coM~ com~Jye~ owned fred ~ in occ~x~lm~,e wire Co~ier 4.8 :I~ A 4o ~ A, Code E~ Deportment 410 ENVtRCWMENTAL 16 All conservation areas shall be designated as conservation/preservation tracts or easements on all construction plans and shall be recorded on the plat with protective covenants per or similar to Section 704.06 of the Florida Statutes. Buffers shall be provided in accordance with Section 3.2.8.4.7.3 of the Collier County Land Development Code. In the event lhe project does not require platting, all conservation areas shall be recorded as conservation/preservation tracts or easements dedicated to an approved entity or to Collier County with no responsibility for maintenance and subject to the uses and limitations similar to or as per Section 704.06 of the Florida Statutes. Buffers shall be provided around any wetlands, extending at least fifteen (15) feet landward from the edge of wetland preserves in all places and averaging twenty-five (25) feet from the landward edge of wetlands. Where natural buffers are not possible, structural buffers shall be provided in accordance with the State of Florida Environmental Resources Permit Rules and be subject to review and approval by the Current Planning Environmental Review Staff. An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for the site, with emphasis on the conservation/preservation areas. shall be submitted to Current Planning Environmental Review Staff for review and approval prior to Final Site Development Plan/Construction Plan approval. 17 ORDINANCE NO. 99- 1 AN ORDINANCE A~4ENDING 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 NUMBER 863536; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "A" AGRICULTURE TO "PUD" PLANNED UNIT DEVELOPMENT KNO~ AS "MAURIEL" FOR RESIDENTIAL/MULTI-FAMILY USES, ADULT LIVING FACILITIES/NURSING HOME FOR PROPERTY LOCATED ON THE EAST SIDE OF C.R. 951, NORTH OF THE INTERSECTION BETWEEN C.R. 951 AND VANDERBILT BEACH ROAD (C.R. 862) IN SECTION 35, TO?~SHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 38.99 ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, William L. Hoover, AICP, of Hoover Planning, representing John J. Mauriel, Jr., Trustee, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property; NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida: The zoning classification of the herein described real property located in Section 35, Township 48 South, Range 26 East, Collier County, Florida, is changed from ~A" Agriculture to "PUD" Planned Unit Development in accordance with the "Mauriel" PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Map Numbe~ 863536, as described in Ordinance Number 91-102, the Collier County Land Development Code, is hereby amended accordingly. This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this /~ day of ~ , 1999. ATTEST: - D~IGHT E. BROCk, Clerk Attest as to Chainm~'$ s~gnature on]$. Approved as to Form and Legal Sufficiency BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Marjo e M. Student Assistant County Attorney I~'D- 9~ - 15 -2- MAUBIEL PUD A PIJUINED IINIT DEVELOPMENT PREPARED FOR: JOHN J. MAuRIEL JR., TRUSTEE 6566 FRANCE AVENUE S. ff410 EDINA, MN 55435 PREPARED BY: WILLIAM L. HOOVER, AICP HOOVER PLANNING 3785 AIRPORT ROAD N., SUITE B NAPLES, FL 34105 and BEAU KEENE, P.E. KEENE ENGINEERING 3785 AIRPORT ROAD N., SUITE D NAPLES, FL 34105 DATE FILED AUGUST 19, 4998 DATE REVISED NOVEMBER 16, 1998 DATE REVIEWED BY CCPC DATE APPROVED BY ORDINANCE NUMBIER~' ~ ~-~ ' EXHIBIT "A" TABLE OF CONTENTS TABLE OF CONTENTS LIST OF EXHIBITS STATEMENT OF COMPLIANCE SECTION I PROPERTY OWNERSHIP AND DESCRIPTION SECTION II PROJECT DEVELOPMENT REQUIREMENTS SECTION III RESIDENTIAL AREAS PLAN SECTION IV DEVELOPMENT COMMITMENTS PAGE i ii 1 2 5 8 13 EXHIBIT 'A' EXHIBIT 'B' LIST OF EXHIBITS PUD MASTER PLAN PUD WATER MANAGEMENT PLAN iii STATEMENT OF COMPLIANCE The development of approximately 38.99+ acres of property in Collier County, as a Planned Unit Development to be known as Mauriel 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 residential facilities of the Mauriel PUD will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives for the following reasons: o o The subject property's location in relation to existing or proposed community facilities and services permits the development's residential density as described in Objective 2 of the Future Land Use Element. The project development is compatible and complimentary to surrounding land uses as required in Policy 5.4 of the Future Land Use Element. Improvements are planned to be in compliance with applicable sections of the Collier County Land Development Code as set forth in Objective 3 of the Future Land Use Element. The project development will result in an efficient and economical allocation of community facilities and services as required in Policies 3.1.H and 3.1.L of the Future Land Use Element. The project development is planned to protect the functioning of natural drainage features and natural groundwater aquifer recharge areas as described in Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. The project is located within the Urban Residential Mixed Use. The projected density of 4.00 dwelling units per acre is in compliance with the Future Land Use Element of the Growth Management Plan based on the following relationships to required criteria: Maximum Permitted Density 4 dwelling units/acre All final local development orders for this project are subject to Division 3.15, Adequate Public Facilities, of the Collier County Land Development Code. 1.1 SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 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 Mauriel PUD. 1.2 LEGAL DESCRIPTION The subject property being 38.99:1: acres, is located in Section 35, Township 48 South, Range 26 East, and is fully described as: The North half of the Southwest quarter of the Southwest quarter of Section 35, Township 48 South, Range 26 East, Collier County, Florida, less and except the West 100 feet thereof, previously conveyed for a road and canal right-of-way. The North half of the Southeast quarter of the Southwest quarter of Section 35, Township 48 South, Range 26 East, Collier County, Florida, subject to an easement for public road right-of-way over and across the East 30 feet thereof. 1.3 PROPERTY OWNERSHIP The subject property is owned by a land trust: John J. Mauriel Jr., Trustee, 6566 France Avenue South ff410, Edina, Minnesota 55435 (50% ownership) and Michael and Lorraine Felt, 363 Helen Way, Livermore, California 94550 (50% ownership). 1.4 GENERAL DESCRIPTION OF PROPERTY AREA The subject property is located on the east side of C.R. 951, approximately 700 feet north of Vanderbilt Beach Road (unincorporated Collier County), Florida. The entire project site currently has Agricultural Zoning and is proposed to be rezoned to PUD. 1.5 PHYSICAL DESCRIPTION The project site is primarily located within the 951 Canal North Drainage Basin according to the Collier County Drainage Atlas; the eastern portion of the site is located within the Cypress Canal Drainage Basin. The proposed ouffall for the project is the CR-951 roadside ditch located at the west property line of the projecL Natural ground elevation varies from 12.0 NGVD within the onsite wetland areas to 13.0 NGVD at the CR-951 right-of-way line constituting the west property line; average site elevation is 12.4 NGVD. The entire site is located within FEMA Flood Zone 'X' with no base flood elevation specified. The water management system of the project proposes the construction of a perimeter berm with crest elevation set at or above the 25-year, 3-day peak flood stage. Water quality pretreatrnent is proposed in the on-site lake system prior to discharge to the wetland preserve areas. The water management system will be permitted by South Florida Water Management District (SFWMD) through the Environmental Resource Permit process. All rules and regulations of SFWMD will be imposed upon this project including but not limited to: storm attenuation with a peak discharge rate of 0.04 cfs/acre; minimum roadway centeriine, perimeter berm and finished floor elevations; water quality pre-treatment; and wetland hydrology maintenance. Per Collier County Soil Legend dated January 1990, the soil type found within the limits of the property is predominately #2 - Holopaw Fine Sand, Limestone Substratum with a small area of #10 - Oldsmar Fine Sand at the extreme eastern portion of the site. The site vegetation consists primarily of slash pine, cabbage palm, and Cypress trees with upland areas of Slash Pine and Saw Palmetto. Due to artificial lowering of the water table by the CR-951 canal, grape vine and poison ivy groundcover have infested the site. 1.6 PROJE T D S RIPTION The Mauriel PUD is a project composed of a maximum of 156 residential units. These residential units are projected to be developed as multi-family homes consisting of:. carriage homes or coach homes. Up to 15 acres of the project may be developed for adult living facilities and/or nursing homes, with approval of a Conditional Use Petition. For each acre allocated for development of the adult living facilities and/or nursing homes, 4 units shall be subtracted from the 156 residential units permitted within this PUD. Recreational facilities will be provided in conjunction with the dwelling units. Residential land uses, recreational uses, and signage are designed to be harmonious with one another in a natural setting by using common architecture, quality screening/buffering, and native vegetation, whenever feasible. 1.7 SHORT TITLE This Ordinance shall be known and cited as the "Mauriel Planned Unit Development Ordinance". 2.1 2.2 SECTION II PROJECT DEVELOPMENT REQUIREMENTS PURPOSE The purpose of this Section is to delineate and generally describe the project plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in the project, as well as other project relationships. Ao Regulations for development of the Mauriel PUD shall be in accordance with the contents of this document, PUD - Planned Unit Development District and other applicable sections and parts of the Collier County Land Development Code and Growth Management Plan in effect at the time of issuance of any development order to which said regulations relate which authorizes the construction of improvements, such as but not limited to Final Subdivision Plat, Final Site Development Plan, Excavation Permit and Preliminary Work Authorization. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the Land Development Code shall apply. 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 time of building permit application. Ail conditions imposed and graphic material presented depicting restrictions for the development of the Mauriel PUD shall become part of the regulations which govern the manner in which the PUD site may be developed. Do All applicable regulations, unless specifically waived through a variance or separate provision provided for in this PUD Document, shall remain in full force and effect. Eo 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. 2.3 DESCRIPTION OF PROJECT DENSITY ~R INTENSITY OF LAND USES A maximum of 156 dwelling units shall be constructed in the residential areas of the project. The gross project area is 38.99~: acres. The gross project density shall be a maximum of 4.0 units per acre. Up to 15 acres of the project may be developed for adult living facilities and/or nursing homes, with approval of a Conditional Use Petition. For each acre allocated for development of the adult living facilities and/or nursing homes, 4 units shall be subtracted from the 156 residential units permitted within this PUD. 2.4 ~PLAN APP~MENTS The general configuration of the land uses are illustrated graphically on Exhibit "A", PUD Master Plan, which constitutes the required PUD Development Plan. Any division of the property and the development of the land shall be in compliance with the PUD Master Plan, Division 3,2 Subdivisions of the Land Development Code, 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. Appropriate instruments will be provided at the time of infrastructural improvements regarding any dedications to Collier County and the methodology for providing perpetual maintenance of common facilities. 2.5 MODEL UNITS AND SALES FACILITIES In conjunction with the promotion of the development, residential units may be designated as models. Such model units shall be governed by Section 2.6.33.4 of the Collier County Land Development Code. Temporary sales trailers and construction trailers can be placed on the site after Site Development Plan approval and prior to the recording of Subdivision Plats, subject to the other requirements of Section 2,6.33.3 of the Land Development Code. 2.6 PROVISION FOR FF- ITE RE V, H N MAT RIA The excavation of earthen material and its stock-piling in preparation of water management facilities or to otherwise develop water bodies is hereby permitted. Off-site disposal is also hereby permitted subject to the following conditions. Excavation activities shall comply with the definition of a 'Development Excavation' pursuant to Section 3.5.5.1.3 of the Land Development Code, whereby off-site removal shall be limited to 10% of the total volume excavated but not to exceed 20,000 cubic yards. All other provisions of Division 3.5 Excavation of the Land Development Code shall apply. 3.1 PURPOSE SECTION III RESIDENTIAL AREAS PLAN The purpose of this Section is to identify specific development standards for the Residential Areas as shown on Exhibit "A", PUD Master Plan. 3.2 MAXIMUM DWELLING UNITS The maximum number of residential dwelling units within the PUD shall be 156 units. Up to 15 acres of the project may be developed for adult living facilities and/or nursing homes, with approval of a Conditional Use Petition. For each acre allocated for development of the adult living facilities and/or nursing homes, 4 dwelling units shall be subtracted from the 156 residential units permitted within this PUD. 3.3 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. Single-family dwellings (includes zero-lot line). 2, Two-family dwellings and duplexes. 3. Multi-family dwellings (includes townhouses, garden apartments, villas, coach homes, and carriage homes). 4. Any other use deemed comparable in nature by the Development Services Director. Bo Permitted Accessory Uses and Structures: 1. Customary accessory uses and structures including carports, garages, and utility buildings. Recreational uses and facilities including swimming pools, tennis courts, volleyball courts, children's playground areas, tot lots, boat docks, walking paths, picnic areas, recreation buildings, verandahs, and basketball/shuffle board courts. Manager's residences and offices, temporary sales trailers, and model units. 4. Gatehouse. o Essential services, including interim and permanent utility and maintenance facilities. Water management facilities, including such facilities within any Native Habitat Preserve Areas. Recreational facilities, such as boardwalks, walking paths and picnic areas, within any Natural Habitat Preserve Areas, after the appropriate environmental review. Supplemental landscape planting within Natural Habitat Preserve Areas, after the appropriate environmental review. Any other accessory use deemed comparable by the Development Services Director. 10. Carports are permitted within parking areas. 11. Garages are permitted at the edge of vehicular pavement. C. Conditional Uses and Structures: 1. Adult living facilities and nursing homes. 3.4 DEVELOPMENT STANDARDS Table I sets forth the development standards for land uses within the Mauriel PUD. Front yard setbacks in Table I shall be measured as follows: If the parcel is served bY a public or private right-of-way, the setback is measured from the adjacent fight-of-way line. If the parcel is served by a non-platted private drive, the setback is measured from the back of curb or edge of pavement. If the parcel is served by a platted private drive, the setback is measured from the road easement or property line. IO TABLE I RESIDENT~LDEVELOPMENTSTANDARDS STANDARDS Minimum Lot Area ~ Minimum Lot Width 7,000 Sq. Ft, 60' Interior Lots (1) 70' Comer Lots Front Yard Setback 25' Side Yard Setback 1 Story 2 Story 3 Story Rear Yard Setback Principal Structure 20' Accessory Structure 10' PUD Boundary Setback Principal Structure NA Accessory Structure NA ~ (3) 20' Pre err Area k 25' Distance Between Structures 0' & 10' or both 5' 0' & 15' or both 7.5' NA 5,000 Sq. Ft. 90' Interior Lots (1) (45')(2) 110' Comer Lots (55')(2) 20' 0' & 10' or both 5' 0' & 15' or both 7.5' NA 20' 10' NA NA 20' 25' Main/Principal 1-Story 10' 10' 2-Story 15' 15' 3-Story NA NA Accessory Structures 10' 10' Maximum Hei_qht: Principal Building 35' and 2 stories 35' and 2 stories Accessory Building 20'lClubhouse 35' 20'lClubhouse 35' Minimum Floor Area 1200 Sq. Ft. 1100 Sq. Ft. Minimum carport or garage 2car garage I car garage per unit (1) May be reduced on cul-de-sac lots. MULTI-FAMILY & A.L.F, OR NA for M/F & 0.45 FAR for ALF NA NA 20' 7.5' or 1/2 BH 10' or 1/2 BH 12.5' or 1/2 BH 20' 10' 20' or BH 10' 20' 25' 15' or 1/2 SBH 20' or 1/2 SBH 25' or 1/2 SBH 10' 40' and 3 stories 20'/Clubhouse 35' I bedroom = 700 Sq. Ft. /2 Bedroom = 900 Sq. Ft.13 Bed- room = 1100 Sq. Ft, for M/F & NA for ALF I carport space or 1 car garage. FOR M/F & NA for ALF (2) Minimum lot frontage in parenthesis applies in cases where a dwelling unit in a 2-family structure is on an individually platted lot. (3) Lake setbacks are measured from the control elevation established for the lake. II Do Eo Off-Street Par~in~ and Loadin~ Requirements: As required by Division 2.3 of the Land Development Code in effect at the time of building permit application. O en S ace/Natural Habitat Preserve Area Requirements: A minimum of sixty (60) percent open space, as described in Section 2.6.32 of the Land Development Code, shall be provided on-site. A minimum of twenty-five (25) percent of the viable naturally functioning native vegetation on-site (natural habitat preserve area), including both the understory and the ground cover emphasizing the largest contiguous area possible, shall be retained on-site, as described in Section 3.9.5.5.3 of the Land Development Code. Landsca in and Bufferin Re uirements: II~ landscape buffers are determined to be necessary adjacent to wetland preserve areas, they shall be separate from those preserve areas. Where two separate two-family or multi-family projects within the PUD abut each other, buffering and screening between them shall not be necessary, due to the unified architectural theme throughout the entire PUD, as described within Section 3.4E. of this PUD Document. Where a single-family or two-family project within the PUD abuts a multi-family project within the PUD, a ten (10) foot buffer shall be provided between them on the first project constructed, with trees provided at twenty-five (25) feet on center and a single hedge also provided within such buffer. Such trees and shrubs shall meet the standards for plantings, as described within Section 2.4.4 Plant Matedal Standards and Installation Standards, of the Land Development Code. Architectural All buildings, lighting, signage, landscaping and visible architectural infrastructure shall be architecturally and aesthetically unified. Said unified architectural theme shall include: a similar architectural design and use of similar materials and colors 12 throughout all of the buildings, signs, and fences/walls to be erected on all of the subject parcels. Landscaping and streetscape materials shall also be similar in design throughout the subject site. All buildings shall be primarily finished in light subdued colors with stucco except for decorative trim. Within any multi-family project all roofs, except for carports, shall be peaked and finished in tile or metal. Within any single-family or two-family project all roofs, except for carports, shall be peaked and finished in tile, metal, or architecturally-designed shingles (such as Timberline). All pole lighting, internal to the project, shall be architecturally designed, limited to a height of thirty (30) feet. Signs shall be permitted as described within Division 2.5 of the Collier County Land Development Code. Density shall not exceed 4 units per acre over the entire project. No platted tract or condominium tract shall have a density greater than 12 units per acre except the density of development for an Adult Living Facility shall be established at the floor area ratio allowed by the Land Development Code. 13 4.1 4.2 SECTION iV DEVELOPMENT COMMITMENTS PURPOSE The purpose of this Section is to set forth the commitments 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, in effect at the time of Final Plat, Final Site Development Plan approval or building permit application as the case may be. 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 in title or assignee is subject to the commitments within this Agreement. 4.3 PUD MASTER PLAN Exhibit "A", PUD Master Plan illustrates 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. 14 4.4 SCHEDULE OF DEVELOPMENT/M N~RING REPORT A Site Development Plan shall be submitted per County regulations in effect at time of site plan submittal. The project is projected to be completed in one (1) or two (2) phases. Ao The landowners shall proceed and be governed according to the time limits pursuant to Section 2.7.3.4 of the Land Development Code. Bo Monitorin Re orr: An annual monitoring report shall be submitted pursuant to Section 2.7.3.6 of the Collier County Land Development Code. 4.5 ENGINEERING Ao Bo This project shall be required to meet all County Ordinances in effect at the time final construction documents are submitted for development approval. Design and construction of all improvements shall be subject to compliance with appropriate provisions of the Collier County Land Development Code, Division 3.2, Subdivisions. 4.6 WATER MANAGEMENT 4,7 Ao A copy of the South Florida Water Management District (SFWMD) Surface Water Permit Application shall be sent to Collier County Development Services with the SDP submittal. A copy of the SFWMD Surface Water Permit, SFWMD Right-of-Way Permit, and SFWMD Discharge Permit shall be submitted pdor to Final Site Development Plan Approval. An Excavation Permit will be required for the proposed lake(s) in accordance with Division 3.5 of the Collier County Land Development Code and SFWMD rules. Do Lake setbacks from the perimeter of the PUD may be reduced to twenty- five (25) feet where a six (6) foot high fence or suitable substantial barrier is erected. UTILITIES I$ 4.8 Ao Water distribution, sewage collection and transmission and interim water and/or sewage treatment facilities to serve the project are to be designed, constructed, conveyed, owned and maintained in accordance with Collier County Ordinance No. 88-76, as amended, and other applicable County rules and regulations. TRAFFIC Ao The applicant shall be responsible for the installation of arterial level street lighting at the project entrance onto C.R. 951, prior to the issuance of any Certificates of Occupancy or Compliance. Drainage shall not be permitted to discharge directly into any roadway drainage system. Turn lanes, both northbound and southbound, shall be required by the developer prior to the issuance of a Vegetation Clearing Permit or any other development permit. Such turn lanes shall be designed to provide capacity for the ultimate project traffic. All turn lane construction shall be in place prior to any on-site development or building construction. Road Impact Fees shall be paid in accordance with Ordinance 92-22, as amended, and shall be paid at the time building permits are issued unless otherwise approved by the Board of County Commissioners. 4.9 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 a 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. 4.10 ENVIRONMENTAL Ao Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules and be subject to review and approval by the Current Planning Environmental Review Staff. Removal of exotic vegetation shall not be counted towards mitigation for impacts to Collier County jurisdictional wetlands. Co All conservation areas shall be designated as conservation/preservation tracts or easements on all construction plans and shall be recorded on the plat with protective covenants per or similar to Section 704.06 of the Florida Statutes. Buffers shall be provided in accordance with Section 3.2.8.4.7.3 of the Collier County Land Development Code. In the event the project does not require platting, all conservation areas shall be recorded as conservation/preservation tracts or easements dedicated to an approved entity or to Collier County with no responsibility for maintenance and subject to the uses and limitations similar to or as per Section 704.06 of the Florida Statutes. Buffers shall be provided around any wetlands, extending at least fifteen (15) feet landward from the edge of wetland preserves in all places and averaging twenty-five (25) feet from the landward edge of wetlands. Where natural buffers are not possible, structural buffers shall be provided in accordance with the State of Florida Environmental Resources Permit Rules and be subject to review and approval by the Current Planning Environmental Review Staff. An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for the site, with emphasis on the conservation/preservation areas, shall be submitted to Current Planning Environmental Review Staff for review and approval prior to Final Site Development Plan/Construction Plan approval. 1'7 ! r- I (,II ,II ,I 12B5m'~ STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 99-1 Which was adopted by the Board of County Commissioners on the 12th day of January, 1999, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 13th day of January, 1999. DWIGHT E. BROCK '. Clerk of Courts and~lerk~ .. Ex-officio to Board,of County Commissionems By: Ellie Hoffman';..">..' ~ ' . ~,, Deputy Clerk ' ' .. '.' ~':' ~¢ ." "~ · NapLes DaiLy News NapLes, FL 3/.102 Affidavit of Publication Naples Daily Ne~s BOARD OF COUNTY COtltlZSSZONERS ATTN: HZATTA S~RLEAF PO BOX /*13016 NAPLES FL 34101-~016 REFERENCE: 001230 #912501 578007/,9 V-98-17 NOTICE OF PU State of Florida County of Collier Before the undersigned authority, personally al:~eared John E. Taylor, uho on oath says that he serves as Assistant Controller of the Nap[es Daily Nays, a daily neuspaper published at Naples, in Collier County, FLorida: that the attached cop,/ of advertising was published in said newspaper on dates listed. Affiant further says that the said Naples 0ai[y Nays is a newspaper published at Nap[es, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day end has been entered as secor~l class ami[ amtter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or coporatton any dtscotmt, rebate, commission or refund for the purpose of securing this advertisement for pub[tcatio~ in the said neaspaper. PIJBLZSNEO ON: 12/27' A0 SPACE: 101.000 ZNCH FZLED 014: 12/28/98 Suorn to and Subscribed be.~re me this ~-,~"~ day of ~'~..t* _ 19.~ Personally known by me V-98-17 NOTICE OF PUBLIC HEARING Notice Is hereby given Lhot the .Boord Of County ~-ommlssloners of Collle~ County. will hold O public heoring on TUESDAY, .J. ANUARY 12, 199~,' in the Boordroom, 3rd Floor, Admln strol on Bul ding. CoU er County Government Center, 3301 Eost Tomlom Troll, Noples, Florldq. The meeting will begin ot A.NL The Boord wfl! co,sid- er Peflflo~ No, V-98-17, ~:rkv Nea~ of Custom & RePoJr, Inc, reD- resenting Lorry & Asche, requesting op- provc~ of 0 bOOfhou~e fo b~ constructed be ~o~d t~e ~mitted ~ feel on on oooroved 92-foot J c~vere~ StrUCtLre ~chIck- eel to be c~fruc~ed on Petic~n Street, turtt~ Township ~ SOuth' Pm'x~e ~ EDit. ' NOTE: All persons ~ it~'n must minlStrOtOr PRIOR to c~o item to be oddressecL IrK:lfvIduo/ SOeokers will be flail'ed fo 5 minutes ~ on¥ item. The fio~ 04' on lndividuol to ~ on behoH of on or. ~3nizotto~ or grou~ Is en. couroged. If recognized by the Cholrmon, o sPokesPer son for o group Or orgonlzotlon mov be ollotte(~ 10 min. utes to ~Oeok on on item. Persons wishing fo hove written o~ groohic moferlols Included In the Boord ogenckz Packet~ must submit sold moterl. olo minimum of 3 weeks Prior fo the respective public heo~'lng. In onv oD. se, wrlffen moterlol$ Imended fo b~ consid- ered by ~e Booed sholl be submitted fo the c~o- PrOprlote County stotf o minimum of seven dovs prior to the Public hear. lng. All moterlol used In Presentotlons before the Boord will become o per- reorient port of rne re- cord. .Any Person who decld- .es to_ appeal o decision of ~ne I:loord will need o re. cord DJ' fhe Proceedings p. ertolnlng fherefo, ond merefore.~ .may n~ed to ensure mat a verbatim reCord of the prOCeed. Ings Is mode, which re- cord Includes fhe testimony and evidence upon which the oPPeol Is to be based. BOARD OF COUNTY COAR/VtlSSIONER S COLLIER COUNTY, FLORIDA BARBARA B. BERRY, CHAIRNtAN DWIGHT E. BROCK, CLERK Bv:/s/Llso Steele, · ' COLLIER COUNTY FLORIDA · REQUEST FOR LEGAL ADVERTISING OF PUBLIC IIEARINGS To: Clerk to the Board: Please place the following as a: XXX Normal legal Advertisement [] Other: (Display Adv.. location, etc.) Originating Dcpt/Div: Comm. Dcv. Scrv./Planning Petition No. (If none. give brief description): V-98-17 Petitioner: (Name & Address): l_.arp,' & Diane Aschc, 26 East Pelican Street, Naples, FL 34113 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Jcrp,' Ncal, Custoln Dock & Repair, Inc., PO Box 15, Marco Island, FL 34146 Hearingbeforc BCC XXX BZA Other Newspaper(s) lo be used: (Colnplcte only if imporlant): XXX Naples Daily News Based on advertisement appoaring 15 days before hearing. Other [] Legally Required Proposed Text: (Include legal description &. common location & Size: Petition No. V-98-17, Jerry Ncal of Custom Dock & Repair, Inc., representing Larry & Diane Asehe, requesting approval 0fa boatbousc to be constn~ctcd beyond tile 0ermittcd 20 feet on an approved 92-foot dock, and an additional covered structnre (chickee) to be ¢0nstntcted on the same dock for property located at 26 East Pelican Street, further described as Lot 23, Isles of Capri #1, in Section 5, Township 52 Soulh, Range 26 East. Companion petition(s), if any & proposed heating date: Docs Petition Fee include advertising cost? ~cs I"'1 No If Yes. what account should be charged for advcrlising costs: 113-138312-649110 "~ "~ q{~..~'O{ Approvedbv: Reviewed by: D,vls,on Head Date Count)' Manager Date List Attachments: DISTRIBUTION INSTRUCTIONS For hearings before BCC or BZA: Initiating person to complete one coy and obtain Dh'ision llead approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: [] County Manager agenda file: to Clerk's Office [] Requesting Division [] Original B. Ofl~cr hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. FOR CLERK'S OFFICE USE ONLY: ! - ! (22ac2~~ ,z,n'r~ COVER) · ~0 :., PAM PERRELL NAPLES DATLV N~S FAX ~O: 263-4703 .~'~: LISA STEELE ~C~: ~?.?.'rm~ Cuuz~r~-Y COu~L'z~OUSE Pa(ma November 18, 1998 Ms. Pam Purell Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: V-98-17 Boathouse Dear Pam: Please advertise the above referenced notice one time on Sunday, December 27, 1998, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Lisa Steele, Deputy Clerk Purchase No. 912501 NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County, will hold a public hearing on TUESDAY, JANUARY 12, 1999 in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The Board will consider Petition No. V-98-17, Jerry Neal of Custom Dock & Repair, Inc., representing Larry & Diane Asche, requesting approval of a boathouse to be constructed beyond the permitted 20 feet on an approved 92-foot dock, and an additional covered structure (chickee) to be constructed on the same dock for property located at 26 East Pelican Street, further described as Lot 23, Isles of Capri #1, in Section 5, Township 52 South, Range 26 East. NOTE:Ail persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesman for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto, and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BARBARA B. BERRY, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Lisa Steele, DeDuty Clerk ( SEAL ) November 18, 1998 Jerry Neal Custom Dock & Repair, Inc. P O Box 15 Marco Island, FL 34146 Public Hearing to Consider Petition V-98-17 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, January 12, 1999 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, December 27, 1998. You are invited to attend this public hearing. Sincerely, Lisa Steele, Deputy Clerk Enclosure November 18, 1998 Larry & Diane Asche 26 East Pelican Street Naples, FL 34113 Public Hearing to Consider Petition V-98-17 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, January 12, 1999 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, December 27, 1998. You a~e invited to attend this public hearing. Sincerely, Lisa Steele, Deputy Clerk Enclosure RESOLUTION ~,ELATi:;G TO P-TI.IO,~ ~UMBER V-9~-17, FOR A '.'ARIA~CE ON PROPERTY HEREi::AFTER 2ESCRi-~ED IN COLLIER COUNTY, FLCRIEA. · '==:,=~.=, the -eulslasure cf the £:ate :of /lsr/da 'n Chapter !25, 7!crlha Stauutes, has ionferred cn ail counties in Florida the Tower ~o es~aDiish, soorOinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code .Ordinance No. }!-i02) which establishes regulations for zhe zoning of par:icular geographic divisions of ~he County, among which is the granting of variances; and WHEREAS, ~he Board of Zoning Appeals, being the duly elected constituted Board of the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a boathouse to be constructed beyond the permitted 20 feet on an approved 92-foot dock, and an additional covered structure (chickee) to be constructed on the same dock as shown on the attached plot plan, Exhibit "A", in an RSF-4 Zone for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Section 2.7.5 of the Zoning Regulations of said Land Development Code for the unincorporated area of Collier County; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled, and the Board having considered all matters presented; NOW THEREFORE BE iT RESOLVED BY THE BOARD OF ZONING APPEALS of Collier County, Florida, that: The Petition V-98-17 filed by Jerry ~leal cf Custom Dock & Repair, inc., representing Larry & Diane Asche, with respect to the property hereinafter described as: Lot 23, isles of Capri #1, as recorded in Plat Book 3, Page 41 cf the Public Records cf Collier County, Florida. he ~nd the same hereby is approved for a boathouse to be constructed ~-: ...... permitted 0 fee~ cn an approved )2-foot ~-' and au=it~snai covered structure (chickee; to be constructed cn the same dock %s shown on the attached plot ~ian, Exhibit "A", cf the RSF-4 Zoning .... r_rt wherein sald proper:y is iocated. 3E iT RESOLVED that this Resolution rela=ina to Petition ~umDer '.'-9~-17 be recorded in the minutes of this Rcard. This Resolution adopted after motion, second and majority vote. Done this day of , 1998. ATTEST: 2;gIGHT E. BROCK, Clerk BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA BARBARA B. BERRY, Chairman Approved as to Form and Legal Sufficiency: Marjorie M. Student Assistant County Attorney M-4RCO RIVER 17.5' 40' iq 76' Wa~ Fro~tc~ge O~.mer: La,,y Asche 28 East PeZ~a~ Street l~l.s of Capr~ lslss of 0apr~ ~to Lot 23 Ssc 5, T 62, S, R 26 E ID: 52,340880006 01/11/99 09:45 VAX 6433266 COLLIER COUNTY ~001 COLLIER COUNTY GOVERNMENT COM,MI.k~TY DEVELOPMENT AND ENV1RONMENTAk SERVICES DIVISION_ Bu&linf, R~v~w ~d Pc-r~nlele~ (941) ~8~ ~nl ~ (941) T32*Z~S ~1~ (941)64~ (941) 643-3266 2800 N. HORSESHOE DRIVF NAPI~-S, FL 33942 A C .ERT~FIED BLUE C~IP CO),041.,rNTT~ TO CITY, STATE: FROM SPECIAL INSTRUCTION: 0~:,16 F'),~ 8433265 ~ COLLX£I~ COt'.YTY Jt'n~ C Bonita OIIw Squirt Uall 9 MSO BoflJll ~c,ch Roid Iofl|~ Spnntl. )'lo~idl ~41J4 tjer ff m ter Collier County Sher,ft's Office 3301 Tamiami Trad East Building 'j' Naples. FL 34112 Telephone (AC 941} 774.4434 January 7, 1999 Mr. Skip Camp, Director Facilities Management ColIi~ County Government Complex Building W 3301 Tamiami Trail East Naples, Florida 34112 Dear Mr. Camp. Your proposal that we relocate personnel in Building "A" to those properties known as the old Lufia's building and the offices at 2373 Horseshoe DHve, S., is acceptable to the ShcriWs Office. This acceptance is contingent on. Air quality studies and the appropriate sanitizing of the Luria's building bem8 completed. 2 The Luria's building being remodeled to fit our needs. The understanding that this is a temporary relocation until such time as permanent quarters can be expeditiously constructed. Sincerely, Co~'C~'ty, DH,GY.me CC: Y& 'l Collier County Govt. Complex Bldg. - J 3301 Tamiami Trail East, Naples, FL 3.:' 112 Telephone (AC 941) 774.4.t3-, December 4, 199E 1AA REC£]VED DE" !998 Com~missicner Barbara Berry Chairman, Board of County Cor.missioners Building "F" 3301E. Tamiami Trail Naples, FL 34112 F.e!ccation of ¢' =ri=~' ' .n. ~. s Cff~ce Civil and Court Liaissn Cpera~icns Dea~ Cot.missioner Be~ .... ;';e have keen notified, by '~-~-~=- ' ' n ......... ra~lve Judue. Hugh D. ,.~=..,u-"~= [na- we ~"¢~...~- e';acua~=._ the offices in 5u~inc... "L" now keing cccurl=~_. u'"~ cur Civil and Court Liaison c~.eraticns. This move mus~ ke accomplished by June 30, 1999. We have keen usinc the cff~ces i- Build~-~-- _..= "L" for several years slnce ,ho~e.___ was nc. !onco~. __ an'/ space for the operations in Building "j". =~5h r;--~ and Ccu-z Lia;=cn work ~- cc..ce-- and are a ~h~ czur- ~'/_~em.~ The,; .... ~, az ~he ,'~" '=:~- :-:anacemen2:_~__:.-m--~-: that they know cf none. ..._n-~d:_ ~_.... ~ a modular office in front cf 5ui!dinc "J", and not kncwlnc inventory of County spaces, I am a: a loss fur a remedy. Therefore, I recuest, that :you di__zt-= the ap.~rc.~riate Count':' tz iccarer, ew quarters for the Civil and Courz Liaison opera:long. Since ~1~,.~ m,,~t b~ made ~ t~ r. cve and . ......... ..... ' .- re~u.~=~, r kcce thi~ can ke ac .... ~=~ :-.'i'~ ~cr.e Than.'.: you ~ - ~. your =¢~is~ance. DH: jab cc: File ¢: \'wpwln{ l\let =ers \berry. space ';YE SUPPORT WE SPONSOR Sincerely, ~.(n'H~nt~'~fi, Sheriff Co~l~iJ~-~cunt':', FL THE FLORIDA SHERIFFS YOUTH RANCHES A I~ome lot needy and worm,/boys an¢ g,rl$ C O L L I E R C O U N T Y J R ~; E P U T Y L E A G U E ~ :, C C O L L I E R C O U N T Y E Y F t O R E1=; F O S r - 6 .:' CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUI?,DIVISION IMPROVEMENTS PRIOR TO RECORDING OF PLAT Tills CONSTRUCTION MAINTENANCE AGREEMENT i:O1,1 SUBi)IVISION IMI)ROVI!MI~NI'S PRIOR RECORDING OF PI.AT entered into this ~/~,~ ..~_._ day of_ _.~L~__± .. 19.~?_ bet'.vcen KENCO I)cvelopment Corporation hereinafter referred to as "Developer. and theq'loard of County Commissioners of Collier Co,mx. Florida. hereinafter referred to as tile "Board." RECITAl.S: I. Developer has. simultaneously v, ith the delivery of this Agreement, applied for tile approval by the Board of a certain plat ora subdivision to be knov,'n as: Pcbblebrooke Lakes Phase 3. 2. Division 3.2 of the Collier County Land Development Code allows the l)cveloper lo construct the improvements required by said subdivision regulations prior to recording tile final plat. NOW TIIEREFORE. in consideration of the fi~regoing premises and mutual covenants hereinafter set fi,rrb. Developer and thc Board do hereby covenant and agree as follosvs: I. Developer ,,,,'ill cause 1o be conslructed: tile Required Improvements ~ilhin 12 months from thc date of approval of said subdivision plat. said improvements (water. se'.vcr, drainage and roadway) hereinafter referred to as Phc required improvements. 2. Developer herewith agrees to construct said improvements prior to recording said subdivision plat and tile Board of County Commissioners shall not approve tile plat for recording until said improvements have been completed. 3. []pon completion of said improvements, tile Developer shall tender ils subdivision performance securit2, in the amount ofS24,465.65 '.'.hich represents ten percent or thc total contract cost to complete construction. Upon receipt or said subdivision performance security by the Development Services Director. thc Developer may request the Board of County Commissioners to approve the subdivision plat for recording and grant preliminar?, approval of said plat. 4. The required improvements shall not be considered complete until a statcmenl of substantial completion by Developer's engineer along ',¥ith the final project records have been furnished to be reviewed and approved by thc Development Services Director for compliance ,,vith the Collier Count)' l.and Development Code. 5. Thc l)cvclopmcnt Services Director shall, '.'.ithin sixty (60) da.,,s ol` receipt of tile statement of substantial completion, either: a) noti~' thc Developer in writing of his preliminary, approval ol` tile improvements: or b) notil`y the Developer in writing of his refi~sal to approve thc improvements, therewith specifying those condilions ,,shich the developer must fulfill in order to obtain the Director's approval of the improvements. Ilo'.vcver. in no event shall the Development Services Director refuse preliminary, approval of tile intprovcments il' Ihcy arc ill Ihct constructed and submitted for approval in accordance v,'ith the requirements of this Agreement. 6. The Developer shall mainlain all required improvements for a minimum period of one .,,'ear after preliminary approval by the Development Services Director. After the one year maintenance period by tile Developer has terminated, the Developer shall petition the Development Services Director to inspect the required improvements. The Development Services Director or his designee shall inspect the improvements and. il' £ound to be spill in compliance with the Collier County Land Development Code as reflected by final approval by the Board. thc Board shall release lire fen percent subdivision performance security. The l)evclopcr's responsibility for maintenance of the required improvements shall continue unless or until the Board accepts maintenance responsibility tbr the County. 7. In the event the Developer shall fhil or neglect to fi, lfill its obligatiou under this Agreement. upon ceMification of such faih,re, the County Administrator may call upon tile subdivision securily to secnre satisfactoO completion, repair and maintenance of It~c required improvcmcnls. 1'he Board shall have Iht right Io con.'.~ruct maintain, or cause to be constructed and mainlained, purst,anl to public advertisement and receipt of acceptance bids. tile improvemenls required herein. The Developer. as principal under the subdivision performance sect,ri~5. shall be liable to pay and to indemnify tile Board. upon completion of such conslrt,cliorL Ihe ti,mi total ct)si Io the Board Ihereof. but not limited 1o. engineering, legal and contingent costs, logether with any damages, either direct or consequential, which Ihe Board may suslain on accounl of Ihe failure tlr Ihe I)eveloper lo f, llill all of Ihe provisions oflhis Agreement. 8. All of the lem~s, covenants and conditions herein contained are :md shall be binding upon ~hc Developer anti the respective successors and assigns or,he developer. IN WITNESS WIII'~REOF. the Board and the Developer have caused this Agreement to be executed by their th,Ix authorized representatives this ~, day of 3~a.,.t,,.,~.-~_~. 19._9.,5~ Witnesses to KENCO Development Corporation DWIGIIT E. BROCK. CLERK attest a~ to Chatru~n~$ C~untfAltomey By: BOARD OF COUNTY COMMISSIONERS COL~ C, OUNTY. l: t.~llSI I)A~ II IIII II IIIII I I ,.. ILof l FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFiC:=RS Mac'K[et Pamela S. ~, ADDRI~ C'OUNrI' Ngples Collier January 12, 1999 NAJ~IE OF ~)AltO. COUNCIL. COMMIS~IOft. NJTHOIti~h,. OR COMM~ i i ~..£ Coil let County Board of Co~niss[orte~s 1'HE IJ, OARO. COUNCIl- COMMISSICN% AtJTHORtTY. OE COMMITTEE WHI(.ll I SEItVE IS A UNIT OF': NAME OF POLITICAL 5UBLIIVISION: Collier County ~,X CLECTIVF. :: APPOINrlV£ WHO MUST FILE FORM 8B This form is for use by any person serving at thc county, city, or other local level of govcrnmcnt on an appointcd or cite[cd boa. rd, coundl, commission, authority, or committee_ It applies equally to members of advisory and non-advisory bodies who arc pms~tcd with a voting conflict of in~¢rest under Section ii2.3143, F]orida Statutcs. Thc re~luircmcn, ts of this law arc mandatory; although the use of this particular form is not required by law, you arc encouraged to usc it in making the disclosure required by lay,: Your responsibilities under the law when faced with a mcasure in which you have a conflict of interest will vary r_,rcady depending on whether you hold an elective or appointive position. For this reason, please pay close attention to thc irtstruczions on this form bcforc completing thc reverse side and filing thc form. : t_ .' INSTRUCTIONS FOR COMPLIANCE WITH SECTION ~1t2.:~t43, FLORIDA STATUTES ELECTED OFFICERS: A person holding elective county, municipal, or other local public office MUST ABSTAIN f~om voting on a measure which inurc~ to his special private gain. Each local officer also is prohibited from knowingly x-oting on a measure which inures to the special gain of a principal (other than a governhutnt agency) by whom he is retained. In either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature af )'our interest in thc measure on which you arc abstaining from voting; and WITH IN IS DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohlbitcd from knowingly voting on a measure which inures :o the special gain of a principal ~othcr than a government agenca') by ¥.'hom he is retained. A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before making any attempt to influence [he decision by oral or written communication. ~,'hether made by the officer or at his direction. IF YOU INTEND TO .MAKE ANY ATTEMPT TO INFI.UEN. CE THE DECISION PRIOR TO TIlE MEETING AT WHICH THE VOTE WILL BE TAKEN: * hbu should complete and file this form (before making any attempt to influence the decision) with thc person responsible for recording the minutes of the meeting, v-ho ~'ill incorporate thc form in the minutes. o A copy of the form should be provided immediately to thc other re.embers of thc agency. · The form should bc read publicly at the meeting prior to consideration of the matter ih which you have a conflict of interest. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: · You should disclose orally the nature or your conflict in the measure before par~icipadns. * You should compl~tc thc form and file it within 15 days after lhe vote occurs with the ixr~on responsible for rcoording the n'Jnut~s of the meeting, who should incorporate the form in the minutes. DISCLOSURE OF LOCAL OFFICER'S INTEREST l, Pamel. a S. Mac'Kie , hereby disclose Ihat on {a) A measure came or will come before my agency which (check one) ... inured to my sp~ial private gain; or lb) ~ measure before my agen~ and the nature of my interest in the m~ure b ~ follows: January 12 19_99 _: _. by whom ! am rctaincd. Board of County Commissioners Item 16.A.1. '~. Request to approve the final plat of "Pebblebrooke Lakes Phase 3." Afzer consultation with the County Attorney, I abstained from voting on the abDve matter pursuant to Section 286.012, Florida Statutes, which provides that "no member of any state, county, or municipal governmental board, commission or agency who is present-at any meeting of'such body at which.an.official derision, rQling or other official act is to be taken or adopted Nay'abstain frzm voting...except when, with respect to any such member, there is, or appears tc be, a possible conflict of interest under the provisions of S.112.311, S.'12.313, or S.112.3143. In such cases, said member shall comply with the disclosure requirements of S.112.3143." ' January 12, 1999 Da:~ Filed Signature PAMELA S. MAC'KIE / '" NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (198~). A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: I,~I?EACHNIENT. REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT. DEMOTION. REDUCTION IN SALARY. REPRIMAND. OR A CIVIL PENALTY NOT TO EXCEED $5.000. CONSTRUCTION, MAINTENANCE AND ESCROW AGI'~EEMENT FOR SUBDIVISION IMPROVEMENTS THIS AGR. I£EMENT entered into this ~ day of 19fi~_ between I'EIACAN STRANi), I,TI). a Florida I,imitcd 'ELICAI~ STR-ANI) DEVEI,OI~MENT CORPORATION, its (ieneral Partner. (hereinafter "Developer"). TI IE BOARD OF COUNTY COMNIISSIONI~RS OF COI,I,IER COUN'FY, I:I,ORIDA (hereinafter "Thc Board") and ('RI'3)IT SUI.'qSE FIRST IlOSTON (hereinafter' I " ' ,ender ). RECITALS: A. Developer has, simultaneously with the delivery of this Agreement. applied for the approval by the Board of a certain plat of a subdivision to be known as I'I~I,ICAN STRANI). Replat 6. Tract 10, Amberwood l)rive. Il. Thc subdivision will include certain improvements which arc required by Collier County ordinances, as set forth in a site construction contract prepared by Naples Road Building Corporation. a cop), of which is attached hereto and incorporated herein as Exhibit !. For purposes of this Agreement, thc "Required Improvements" are limited to those described in the contract. Exhibit "A" C. Sections 3.2.6.5.6 and 3.2.9.1 of the Collier County Subdivision Code Division ol'thc Unified l,and I)evelopment Code requires the Developer to provide appropriate guarantees for tile construction and maintenance of the Required Improvements. D. l.cndcr has entered into a construction loan agreement with Developer dated July 2. 1998. (the "Construction I.oan") to fund tile cost of thc Required Improvements. E. Developer and the Board have acknowledged that the amount Developer is required to guarantee pursuant to this Agreement is $252.614.23. and this amount represents 110% of Iht Developer's engineer's estimate of the construction costs tbr tile Required Improvements. NOW Ti IF, RI!FORI~. in consideration of tile foregoing premises and mutual covenants set lbnh. Developer, the Board and tile Lender do hereby covenant and agree as lbllows: I. Developer will cause the water, sewer, roads, drainage vnd like facilities, thc Required h'nprovements, to be constructed pursuant to specilications that have been approved by the Development Sen, ices Director within 12 months from the date of approval of said subdivision plat. l)cvclopcr hereby authorizes lender lo hold S252.614.23 from the Construction l.oan, in escrow, pursuant to the terms of this Agreement. o l.cndcr agrees to hold itl escrow $252.614.23 from thc Construction I.oan. to bc disbursed only pursuant to this Agreerncnt. I.cndcr acknowledges that this Agreement shall not constitute a draw against thc Construction i.oan l'tnld, but that only such funds as are actually disbursed, whether pursuant to this/~,grccmcnt or a pro,`'ision of thc Construction l.oan, shall accrue interest. The cscn~,`vcd Ihnds shall be released to the Developer only upon written approval of tile Development Sen'ices Director ,,','ho shall approve tile release of tile funds on deposit no more than once a month to the Developer. in amounts due for work done to date based on tile percentage completion of tile work muhiplicd bv the respective work costs less ten percent II 0Or/O): and further, that upon complcti~m of tile work. tile Dex'elopmcnt Services Director shall approve the release of any rernaindcr of escrowed funds except to the extent of $22.964.03. which shall remain in escrow as a Developer guaranty of maintenance of thc Required hnprovcmcnts for a minimum period of one (l) year pursuant to I'an,graph i0 of thc Agreement. I lowcver, in tile event that l)cvclopcr shall fail to comply with tile requiren~ents o1' this Agreement. then thc I.endcr agrees to pay lo thc ~'ounty immediately upon demand thc balance of the I~mds held in escrow bv the l.endcr, as o1' thc date/ of thc demand, provided that upon payment of such balanc~ to the County. thc County will have executed and delivered to the I.cnder in exchange fi~r such l~mds a statement to be signed by the Development Scmices Director to that effect that: (a) l)cvclopcr tbr more than sixty (60) days after written n()tification of such Ihilurc has failed to comply with the requirements of this Agreement: (b) Thc County. or its authorized agent. ,`,.'ill complete thc work called for under tile terms of thc above-mentioned contract or ,`,,:ill complete such portion of such work as the County. in its sole discretion shall deem necessary in the public interest to the extent of the funds then held in CSCFOW~ (c) The escrow funds drawn down by tile County shall be used for construction of tile Required Improvements. engineering, legal and contingent costs and expenses, and to offset any damages, either direct or consequential, which tile County may sustain on account of tile failure of the Developer to carry out and execute tile above-mentioned development work; and. (d) Thc County will promptly repay to tile Lender any portion of the fi~nds drawn down and not expended in completion of the said development work. ' [ Il I I Il I I I I [ ........ I I I I Illlll I Ill Il ......... , [,n I Written r:otice to the Lender by the County specifying what amour:ts arc to be paid to the Developer shall constitute authori:,~tion by tile Cotmty to the [.cnder Ibr release of the specified funds to tl.:e Developer. Pt[yr:~cnt by thc l.endcr to tile l)cvclopcr of thc amourits specified in a letter of autl'lorizatiol} bv tile Courltv to the i.ender shall constitute a release by the County and l)cvelop~r of thc I.e,}der fi)r thc I'unds disbursed i. accordance with thc letter of authorization I?om tile County. 'ibc l{ctluircd hnprovcments shall not be cor:sidcrcd complete until a stmcmcnt of substantial completion by Developer's engineer along with the final project records have been I'urnished to be reviewed and approved by the I)cvcloprner:t Services Director fi'~r compliance with thc Collier Cot[htr Subdivision Regulations. ' Thc l)cvclopmcnt Serviccs Director shall, within sixty (60) days of receipt of the statement of substantial completion, either a) notify ihe Developer in writing or his prclirninary approval of the improvements; or b) notify the l)cvclopcr in writing of his refusal to approve thc improvements, thcre,.vith spccil}'ing those conditions which the Developer must fulfill in order to obtain the Director of the Required Improvements. lto,.vever, in no event shall the Development Services Director refuse preliminary approval of the improven.:cnts il' they arc in l~ct constructed and submitted for approval in accordance with thc rcquircn':cnts of this Agreement: Should tl':c funds held in escrow be insufficient to complete t-he Required lmpro,.'emcnts, the Board, after duly considering the public interest, may at its option complete the Required Improvements and resort to any and all legal remedies against the Developer. Nothing ir: ti'tis Agrecmcr~t shall make thc Lender liable for any funds otl.:er than those placed in deposit by the Developer in accordance ,,,,Titl-: tl':e l'orcgoi:.:g provision; provided, that the Let:der does not release any monies to thc Developer or to an}, other person except as stated in tl':is Escrow Agreement. 10. The Developer shall maintain all Requircd Improvements fi':r one year after preliminary approval by the Development Sen'ices Director. After the one veer rnaintenancc period by the Developer upon submission of a written request' for inspection, the Development Sca'ices Director shall inspect the Required In':provemcnts and. if found to be still in compliance ,.,.'itl': the Code as reflected bv final approval by the board, thc l.ender's responsibility to the Board under thi~ Agreement is terminated. The Developer's responsibility lot maintenance of the Required hnprovcments shall continue unless or until thc Board accepts maintenance responsibility for and by the Count}.. II. All of Iht terms, covenants and conditions herein contained arc and shall bc binding upon the respective successors and ~signs of the Developer and the Lender. IN WITNESS WI IEREOF, the Board and the Developer have caused this Agreement to be executed by their duly authorized representatives Ihis _~~ _. day of Signgd. Sealed and Dcli'~crcd in thc l'rc,~'nc~ of: ~ /L'!,, , / .a (Prim Name) (l'rinl Name) A'FTEST: I)WIGt IT E. BR(')CK. ('I,F. RK uty Clerk Attest as to Chairman's A~grot~dm~'~ f~rm and legal sufficiency: I)avid C. Weigel. County Attorney PEI.ICAN STRAND, I,TD.. A Florida limited partnership By: Pelican Strand Development Corporati .~it~s general partne~ ( .z W. Ncil D-ff~ll "-"" -1 LENDER: CREDIT SUISSE FIRST BOSTON MORTGAGE CAI'iTAL LLC. A Delaware limited liability company Na~ne: · t,&,,~, ~ Co..,.. ....~.., Title: ~,,. ~_ ,,, -.,3 ,..~\ BOARD OF COUNTY COMMISSIONERS OF COLI.IER COt~'3'NTY. Fl.()RIl)A CONSTRUCTION, MAINTENANCE AND i,:SCR()W A(/REI,:Mi,:NT FOR SUBi)IVISION IMi'ROVEMENTS THIS CONSTRUCTION. MAINTENANCE AND ESCROW AGRF. EMENT SUBDIVISION IMPROVEMENTS entered into lhis?,~day of,~:~:~.~. 199~l'betwccn Willow Professional Park Limited Partnership. a Florida Limited Partnership. the property owner. (hereinaflcr "Developer"), the Board of Cotlnty Commissioners of Collier County. Florida. (hereinafter the "Thc Board") and AmSouth Bank (hereinafter "Lender"). RECITAI.S A. Developer has. simultaneously with the deliver), of lhis Agreement. applied lbr the approval by the Board ora certain plat ora subdivision to be known as: Willow Park B. The subdivision will include certain improvements which are required by Collier County ordinances, as set forth in a site constrtlction cost estimate ("Estimate") prepared by Coastal Engineering Consultants, Inc., a copy of which is attached hereto and incorporated herein as Exhibit I. For purposes of this Agreement, the "Required In~provemcnts" arc limited to those described in the Estimate. C. Sections 3.2.6.5.6 and 3.2.9.1 of the Collier County Subdivision Code Division of the Land Development Code requires the Developer to provide appropriate guarantees for the construction and maintenance of the Reqt,ired hnprovcments. D. Lender has entered into a construction loan agreement with Developer dated September 15. 1998 (the "Construction Loan")to fired the cost of the Required improvements. E. Developer and the Board have acknowledged that the amount Developer is required to guarantee pursuant to this Agreement is $468,479.50 and this amount represents 110% of thc Developer's engineer's estimate of the construction costs tbr the Required Improvements. J.'ID.'II;'I1975&~II¢'~ M ~' l'2~crow Al4ree fi~r Sub,liv Improvemcnt.~.doc 1 NOW, TIIEREFORE. in consideration of the foregoing premises and mutual covenants hereinafter set forth, Developer, the Board and the Lender do hereby covenant and agree as follows: I. Developer will cause the water, sewer, roads, drainage and like fi~cilities, thc Required Improvements. to be constructed pursuant to specifications that have been approved bv thc De,.'elopment Services Director within 36 months from the date of approval ol'said subdi,.'ision plat. 2. Developer hereby authorizes Lender to hold $468,479.50 from thc Construction in escrow, pursuant to thc terms of this Agreement. 3. l.endcr agrees to hold in escrow $468,479,50, from thc Construction I.oan. to bc disbursed only pursuant to this Agrccmcnt. Lender acknowlcdgcs that this Agreement shall constitute a draw against the Construction Loan fired, but that only such fimds as arc actually disbursed, ,.,.'hether pursuant to this Agreement or a provision of tile Construction I.oan. shall accrue interest. 4. Thc cscro,.ved fimds shall be released to thc l)cvclopcr only upon written approval of the Development Services Director who shall approve the release of thc funds on deposit not more than once a month to thc Developer. in amounts due for work done to date based on thc percentage completion of the work nmltiplied by the respective work costs less ten percent (10%); and further. that upon completion of thc work. the Development Sen'ices Director shall approve tile relcase of any remainder of escrowed funds except to thc extent of $40.316.00 which shall remain in escrow as Developer guaranty of maintenance of the Required Improvements lbr a minimum period of one ( 1 ) 3'car pursuant to Paragraph 10 of the Agreement. floweret, in tile event thrtt Developer shall thil to comply with thc requirements of this Agreement. then tile Lender agrees to pay to the County immediately upon demand the balance of thc fimds held in escrow by thc Lender, as of thc date of demand, provided that upon payment of such balance to the County. the County ,,,,'ill have executed and delivered to the Lender in exchange for such fi~nds a statement to be signed by the Development J:ID.'~l'~II9758,v, IC& M ~' 1'2~crow Al4ree fi~' S~thdiv I.tl~rtn'<,n~c:~t.,~ 2 Scrviccs Dircctor to the cffcct that: (a) Dcvclopcr for more than sixty (60) days after ,,wittcn notification of such [hilurc has failed to comply with thc requircmcnts of this Agreement; (b) l'hc County. or its autllorized agent, will COnlplctc tile work called tbr t,ndcr thc terms of tile above-mentioned contract or ,,viii complete such portion of such work as tile County. ill its sole discretion, shall deem necessary itl the public interest to the extent of Ibc funds then held in escrow; (c) The escrow funds dm,,,m down by the County shall be used for construction of tile Required lmprovenlcnts, engineering, legal and contingent costs and expenses, and to offset any damages, either direct or conseqt,cntial, wbicll the County nlay sustain o,1 account of thc failure of tile Developer to carD' out and execute the above-mentioned development work; and (d) The County will promptly repay to the Lender any portion of the funds drawn down and not expended in completion of the said development work. 5. \Vritten notice to tile Lender by tile County spccil3'ing what amounts arc to be paid to the Developer shall constitute authori;,zltion by tile County to the i.endcr for release of tile specified funds to tile Developer. Payment by the Lender to tile Developer of the amounts spccilicd in a letter of authorization by the County to the Lender shall constitute a release by tile Couqty and Developer of the Lender for the funds disbursed in accordance with tile letter of authorization from the County. 6. Tile Required Improvements shall not be considered complete until a statement of substantial completion by Developer's engineer along with tile linal project records have been fur,lishcd to be reviewed and approved by the Development Services Director for compliance with thc Collier County Subdivision Regulations. 7. Tile Development Services Director shall, within sixty (60) days of receipt of the statement of substantial completion, either: a) nolit3' tile i)cvclopcr in writing of his preliminary approval of tile inlprovenlcnts; or b) notify the Developer in xwiting of Ilis refusal to approve tile J.'II.}..IT;I~973881('& M & l'2~crow ,Ign,e fi~r.¥ubdiv Improvements doc 3 improvements, therewith specifying those conditions which thc Developer must fiflfill in order lO obtain Ibc Dircclor of the Required Improvements. l[owcvcr, in no event shall Ihe Dcvelopmcnl Sca'ices Director refuse prclimina~' approval of thc improvements if they arc in lhct constructed and submitted Iht approval in accordance with the requirements of this Agreement. 8. Should thc fimds held in escrow be insufficient to complete thc Required hnprovcmcnts, thc Board, after duly considering the public interest, may at its option complete thc Required hnprovcments and rcsoa to any and all legal remedies against thc Developer. 9. Nothing in this Agreement shall make the Lender liable Iht any fimds other than those placed in deposit by the Developer in accordance with the foregoing provision: provided, thai thc Lender docs not release any monies to the Developer or to any other person except as stz~tccl in this Escrow Agreement. I0. Thc Developer shall maintain all Required hnprovcmcnts lbr one year after preliminau approval by the Development Se~ices Director. After the one year maintenance period by the Developer and upon submission of a ~wittcn request for inspection, thc Development Services Director shall inspect the Required Improvements and. if found to be still in compliance with thc Code as reflected by final approval by the Board, the Lender's responsibility to the Board under this Agreement is te~inated. ~e Developets rcs~nsibility for maintenance of the Required Improvements shall continue unless or until thc Board accepts maintenance responsibility for and by thc County. 11. All of thc terms, covenants and conditions herein contained arc and shall be binding upon the Developer and Lender, the respective successors and assigns of the l)evclopcr and Lcndcr. d:~.O,*l T/It9 ?:1,~8'~{ 'K* M ~' I~'crow Agreefi~r Subdiv Improvements doc 4 Board. the Developer and IN WIINESS WttEREOF, th~ the l.ender have caused this Agreement to bc executed by their duly authorized rcprcscntatives this _/,,,~l, day of_~. 199,~. Signed, Sealed and Delivered in thc presence of: Witness Printed Name ~. , '1' ~ i W[mcss Printed Name Witness l Printed Name \Vit~e.~ ~.. Willow Professi~}nal Park Limited l'artncrship, a Florida Limit d Partnership George Nukobratovich. President AmSouth Bank B,,' " 2~,, : ;-..'/. ,. ' Timothy J. McLean. Vice President ATTEST: DWIGHT E. BROCK, CLERK ltte:t ~ to £h~lr.~,n'; $tg,~.ture on 15, Approved as to form and legal sufficiency: Da{,id Weigcl Collier County Attorney BOAR. D OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA &IDA DII973881C& M & I~crmv Agree for Sttbdiv ImlJrovements. doc EXIIlBIT "1" ENGINEER'S ESTIMATE OF PROBABLE CONSTRUCTION COST II. Ill. IV. Vo Potable Water System Sanitary Sewer System Drainage Paving, Concrete, Miscellaneous SubTotal 10% o£Total i10% Escrow Amount Excavation Bond Total $48,088.00 $85,406.00 $167,036.00 $102,633.50 $403,163.50 $40,316.00 S443,479.50 $25.000.00 S468,479.50 d: IDtI T,'! ~97388~C~,,t I ~. 1'2~crow ~lgree fi~r Sul~div Improvements. doc 6 M~MO~UM Date: To: From: Re: January 13, 1999 George Yilmaz, Pollution Control Lisa Steele, Deputy Clerk Minutes & Records Department Item #16A4, BCC meeting date: 1/12/99 Attached please find five orginal documents, as referenced above, as approved by the Board of County Commissioners on January 12, 1999 (Agenda Item #16A4). Kindly forward the agreements to each of the vendors for the required signatures and return one fully executed orginal of each to Minutes and Records. if you have any questions, call me at 774-8406. Thank You AGREEMENT TO EXTEND AGREEMENT FOR CLEANUP OF CONTAMINATION SITES WHEREAS, on May 07, 1996, Collier County ("COUNTY") entered into a 19 page Agreement ("the Agreelnent") w/th Ecology and Environment, Inc., a corporation, ("CONTRACTOR") for the Corporation to provide spedified support services in connection with the dean up of contaminated sites; and WHEREAS, SECTION V of the Agreement provides that the COUNTY has the right to renew the Agreement "for a period of one year [from May 07, 1999 to May 07, 2000] or until such time as all outstanding Assignments issued prior to [May 07, 2000] have been completed; and WHEREAS, the above-specified contract extension must be in writing signed by the COUNTY and the CONTRACTOR; and WHEREAS, the COUNTY desires to extend the Agreement until May 07, 1999 or until all Assignments issued by COUNTY to CONTRACTOR prior to May 07, 2000 have been completed, whichever occurs last. NOW, THEREFORE, THE COUNTY AND THE CONTRACTOR hereby agree as follows: 1. The Agreement is hereby extended until May 07, 2000 or until all Assignments issued by the COUNTY to CONTRACTOR prior to May 07, 2000 have been completed, whichever occurs last. ATTEST: All other provision of the Agreement remain the same. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BAR-'~RX f3;~N slgn~tur~ onl,I, witness ' Witness Ecology and Environment, Inc. B "' n~,~e of Corpora-re Omcer James B. Collins, Vice President Typed name and title of Corporate Officer Approved as to Form and Legal Sufficiency Thoma~ C. Palmer Assistant County Attorney COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGREEMENT FOR CLEANUP OF CONTAMIN~q~iO'~?.S~F~: I: 12 THLS 'AGREEMENT, made and e'ntered into th~-&'. ../_. ~.~-f -~/~.~ ~- , 1996, by and between the ~oard of County Com~i-~-~rs, Collier County, Florida, a political subdivision of the State of Florida, hereinafter called the COUNTY, and ~coloqy,~ and~ .Environment, Inc. , duly authorized to conduct business-~ in- the State of Florida, hereinafter called the CONTRACTOR; WITNESSETH WHEREAS, the COUNTY desires to obtain support services of said CONTRACTOR in connection with its contamination site cleanup program; and WHEREAS, the CONTRACTOR has reviewed the services required by the COUNTY pursuant to RFP f95-2380 and is agreeable to and desirous, capable, and qualified to perform and provide all such services in accordance with the provisions, conditions, and terms hereinafter set forth; and WHEREAS, the parties agree that selection~and contractual engagement of the CONTRACTOR has been made by the COb~TY in accordance with the provisions of the Consultants, Competitive Negotiation Act, Chapter 287.055, Florida Statutes, as applicable, and in accordance with the CO~TY'S~..poiicv ..... on competitive selection procedures. NOW, THEREFORE, in consideration of the mutual covenants, hereinafter by joint execution of this Agreement;--that a-contract shall exist, between both parties consisting of the covenants, terms, and provisions agreed to as follows: The COLLIER COUNTY BOARD OF COUNTY' COMMISSIONERS, (COb~TY) hereby retains the CONTRACTOR to ~ provide environmental monitoring, response, and cleanup/remediation services as outlined in BCC Solicitation No. RFP #95-2380, and CONTRACTOR's response thereto, incorporated herein by reference. Any terms and conditions of this contract which vary from those contained in the Solicitation or CONTRACTOR's response shall have precedence. Activities associated with site cleanup will be performed in accordance with the provisions of Chapters 62-770, 62-771 and 62-775, Florida Administrative Code (F.A.C.), Petroleum Contamination Cleanup Criteria Rule, Petroleum Contamination Site Priority Ranking Rule and Soil Thermal Treatment Facilities Rule, respectively. SECTION I SCOPE OF SERVICES The CONTRACTOR shall provide petroleum and contamination site cleanup' services, on a task assignment basis, a copy of the Task Assignment Form and Task Assignment Change Order are attached hereto and made a part hereof, as Exhibits I and II, which may include any or all of the following described work elements: A. Quality' Assurance Prior to receiving any site task assignments, the CONTRACTOR shall provide a copy of its approved Comprehensive Quality Assurance Plan (Comp QAP) from the Florida Department of Environmental Protection (FDEP) Quality Assurance Section. The Comp QAP must comply with the FDEP's Manual for Preparing Quality Assurance Plans, DEP QA-001/90. Safety The CONTRACTOR and its subcontractors shall comply with OSHA Regulation 29 CFR Part 1910, including preparation of a site-specific safety plan for each project. Contamination Assessment Plan (CAP) and I~i~{al Remedial Acticns (IRA) The COUNTY may assign a site or group of sites to the CONTRACTOR, and make available to the CONTRACTOR all information known about the site(s). For each site, the COUNTY will request a cost estimate and work proposal. The CONTRACTOR will conduct an initial site visit and prepare a CAP which outlines the CONTRACTOR,s approach to a contamination assessment which meets the requirements of Chapter 62-770, F.A.C. The CAP must include a site-specific safety plan and may include IRA recommendations such as free product or soil removal. D. Contamination Assessment Upon approval of the ~p by the COUNTY, the COUNTY may assign the CONTRACTOR to conduct the investigation and submit a Contamination Assessment Report (CAR). Renedial Action Plan (RAP) Upon approval of the CAR by the COb~TY, the COUNTY may assign the CONTRACTOR to develop a RAP designed to clean up the site to the Site Remediation Levels (SRL's) specified in Chapter 62-770, F.A.C. In some cases, the COUNTY may direct the CONTRACTOR to develop an alternate SRL for a site by performing a risk assessment in accordance with Chapter 62-770, F.A.C. and the FDEP's Risk Assessment Guidelines for Non-Superfund Sites. -2- The RAP will include plans and specifications and backup calculations which demonstrate the rationale for the system design. F. Remedial Action Upon approval of the plan, the COUNTY may assign the CONTRACTOR to implement the RAP. This shall include obtaining price quotes from vendors and subcontractors, recommending purchases and awards, overseeing, construction, supervising system startup, and performing operation and maintenance of the system. Other responsibilities of the CONTRACTOR during assessment and remedial action include acquiring all necessary permits and inspections, securing site access and obtaining easements, ensuring compliance ~'ith all additional environmental regulations and providing community relations support to the COUNTY. G. Other Cleanup and Environmental Response Activities Upon approval by the County, task assignments may be given for other environmental monitoring,-___ response, and cleanup/remediation activities including, but not limited to, Contamination Assessments, Remedial Action Plans, Alternative/Remedial Actions, and other associated activities. All tasks should be conducted by the contractor within all the applicable Local, State and Federal laws and rules. In the event services are required to be performed that are not set out above, but are within the general scope of services, the COUNTY and the CONTRACTOR hereby reserve the right to negotiate proposed task assignments covering the required services. Notwithstanding any other provision of this contract, the CONTRACTOR .~ay, at its sole discretion, elect not to participate.- in a proposed task assignment. Such election shall not preclude the CONTRACTOR from participating in other proposed task assignments the COUNTY may request. The CONTRACTOR shall notify the CO~TY verbally, with confirmation in writing, within five (5) working days of receipt of a proposed task assignment of the CONTRACTOR's decision not to participate in a proposed task assignment. There is no work guaranteed as a result of this contract. Any and all work will be at the discretion of the COUNTY. The COUNTY reserves the right to assign different phases of work on a specific site to different CONTRACTORS. In such cases, the CONTRACTOR's liability for accepting and using work done by previous CONTRACTORs will be negotiated on a site-specific basis. -3- SECTION II - GEN~?AL RESPONSIBILITIES OF THE CONTP~CTOR The CONTRACTOR is responsible for the professional quality, technical accuracy, timely completion and coordination of all designs,' drawings, specifications, reports, other services and installations furnished by the CONTRACTOR under this contract. The CONTRACTOR is responsible for all phases of assessment and cleanup as well as liability for damage suffered by the COb~TY for non-performance. In the event of damages to the COb~TY for CONTRACTOR'S non-performance of site cleanup, Section XV shall be reviewed for its applicability. The CONTRACTOR shall without additional compensation correct or revise any errors, omissions or other deficiencies in its designs, drawings, specifications, reports, other services and installations, which exist at the time of inspection for acceptance by the CO~TY and do not conform to the following standard of care: The CONTRACTOR represents that its services and installations shall be performed, within the limits prescribed by the COUNTY, in a manner consistent with that level of care and skill ordinarily exercised by other professional consultants under similar circumstances at the time the services are performed. --~ The CO~4TY reserves the right to unilaterally cancel this contract for refusal by the CONTRACTOR to allo~ public access to all documents, papers, letters or other materials subject to the provisions of Chapter 119, Florida Statutes, and made or received by the CONTRACTOR in relation to this contract. The CONTRACTOR shall establish procedures for the determination and separate maintenance of confidential information, if any, not subject to the public and the County's disclosure provisions of Chapter 119, Florida Statutes, and shall afford complete access to such information to the CO~4TY for a determination of confidentiality if requested by the CO~4TY. SECTION III - GENERAL RESPONSIBILITIES OF THE COUNTY The COUNTY shall obtain site access for the CONTRACTOR, its employees, agents and subcontractors, for (he purpose of providing the services, only after the CONTRACTOR has demonstrated a good-faith effort to do so and has failed. The COUNTY recognizes that, consistent with the standard of care provision, the use of investigative equipment and practices may unavoidably alter the existing site conditions and affect the environment in the geographic area being studied. --4--¸ The CONTRACTOR shall not be regarded or required to be a generator, transporter, treater, storer or disposer of hazardous ~'aste or substances (as defined by Sections 403.703(21) and (29), Florida Statutes) which are present on and excavated from an assigned site pursuant to this contract. If required by the COUNTY, the CONTRACTOR shall employ the services of licensed or certified subcontractors, for the transportation, treatment, storage or disposal of said hazardous waste or substances. The CONTRACTOR,will be considered a transporter, treater, storer or disposer of said hazardous waste or substances, if .it undertakes directly to transport, treat, store, or dispose (as defined by Section 403.703, Florida Statutes and FDEP rules promulgated thereunder) of hazardous waste or substances generated from an assigned site. Prior to the commencement of the services and thereafter, the CO~;TY project personnel shall notify the CONTRACTOR of any known health or safety hazard or condition existing on or near the project site. If hazardous substances or conditions are discovered during the performance of the services that are different in type, amount or concentration from those disclosed to the CONTRACTOR prior to commencement of the services, then, upon notification, the COUNTY and the CONTRACTOR shall seek to determine the equitable adjustment (if any) ~a. be made to the task assignment. If the parties are unable to agree, the task assignment shall be terminated in accordance with the termination for convenience provision of this contract. The COUNTY shall compensate the CONTRACTOR for any reasonable emergency measures necessary for health and safety. The CONTRACTOR recognizes that hazardous substances and other safety hazards or conditions are likely to be encountered in work performed under this contract and acknowledges responsibility for the safety of the CONTRACTOR's personnel and others under its direction. The COUNTY shall furnish to the CONTP~CTOR plans, if any, in the possession of COUNTY project personnel showing the location of underground structures, such as pipes, tanks, cables and utilities. The CONTRACTOR shall be obligated to investigate the location of such underground struc, tures in accordance with reasonable standard of care. The COUNTY shall give the cONTRACTOR written notice ~ithin ten (10) working days of discovery of any suspected deficiency in the services. The COUNTY shall provide required approvals and decisions in accordance with the requirements of Chapter 62-770, F.A.C., unless another schedule, which would require more frequent approvals and decisions by the CO~4TY is established by a aiven task assignment. ' -5- SECTION IV - REPORT~ Delivery of a task final report may include a technical presentation at the CO~4TY in Naples. A final report shall be delivered in accordance with requirements to specific k assignments, tas SECTIO~ V- TERM OF AGREflMEN_~ This contract is effective on the date of execution and shall remain in effect until three years from the date of execution, by which date all requirements, including final reports, shall have been completed. Section VIII of this agreement will be subject to renegotiation for one year beginning on September 30, 1996. It is solely the responsibility of the CONTRACTOR to initiate any renegotiation of rates 60 days prior to September 30, 1996. Failure to initiate a renegotiat~on of rates prior to the date established shall result in the continuation of the rates contained in the contract. The COUNTY reserves the right to terminate negotiations and continue work to complete assignments as specified in the paragraph below under existing rates, or terminate the contract if agreement is not reached by the last day of the renegotiation period. The CO~4TY reserves the right to renew this contract for a period of one year or until such time as all outstanding Assignzents issued prior to expiration of the one year period have been completed based on the continued satisfactory performance of the CONTRACTOR and the availability of funds to support the renewal. If the CO~;TY exercises a renewal option with the CONTRACTOR, the established contract ceiling amount may be raised at the rate of available funds for the renewal period. Each renewal shall be agreed in writing by both parties and approved, upon reco~umendation of staff, by the Board of County CoMmissioners. SECTION VI - SUBLETTINq The CONTRACTOR shall not sublet, assign or transfer any ~ork under this contract wi'fhout the prior %Titten consent of the COUNTY. Any such attempt shall be void. The COUNTY may require docuzentation of receipt of multiple quotes as '-'ell as approving subcontractor documents. The CONTRACTOR agrees to be responsible for the fulfillment, of all work elements included in the subcontracts and agrees to be responsible for payment of all monies due under 11 subcontracts, a SECTION vii - COMPENSATIO}! For satisfactory performance, the COb~TY agrees to ccmpensate the CONTRACTOR on either a fixed, price or cost elmbursement r ' -6- basis. It is hereby understood and agreed that the sum total of all compensation under this contract shall not exceed $1,000,000 for each County fiscal year during the contract term. In no event shall the CONTRACTOR continue to perform services once the authorized compensation under this contract is reached. It is the CONTRACTOR's responsibility to know when the authorized compensation is reached. On those task assignments or portions thereof, in ~hich the CONTRACTOR is to be compensated on the basis of cost plus a fixed fee, the CONTRACTOR shall notify the COUNTY when the CONTRACTOR believes that the service cannot be completed for the estimated cost established for the task assignment. In such event and after a review of the explanation provided to the COUNTY, the COUNTY and the CONTRACTOR shall attempt to mutually agree upon the extent to which (1) the Scope of Services shall be adjusted so that the task assignment may be completed for the estimated cost or (2) the estimated cost shall be increased in order to complete the task assignment, or (3) the task assignment shall be completed at the original estimated cost. In no event, ho~'ever, shall the CONTRACTOR continue to provide services once the estimated cost for the task assignment has been reached. It is further understood and agreed that the CO~T~C/0R shall not commence work on any task assignment t'~% may exceed the balance of the contract until notice is received of an increase in funding. The COUNTY's perfor=ance and obligation to pay under this contract is contingent upon an annual appropriation by the Board or continuation of other funding presently anticipated based on available funds from FDEP without liability for anticipated profits for unfinished work. SECTION VIII - PAYMENT.q The CONTRACTOR shall submit itemized invoices in accordance with the authorized budget categories listed below for each task assignment, or shall submit invoices accompanied by an executed copy of the task assignment notification form and spreadsheet evidencing a fixed price. The COUNTY Finance Director requires and CONTRAC/OR shall provide at no cost to the COUNTY detailed supporting documentation of all costs under a cost reimbursement contract. Invoices shall be accompanied by supporting documentation and other requirements as follows: Contractor rates are attached as Exhibit IV and will range from the low of negotiated rates to a high of the median FDEP Preapproval rates. Minimum, maximum, and average rates are included for reference only. -7- As Be Salaries/WaGes (Direct ~abor] - List personnel involved (by name and personnel category), salary rates and hours/tir, e spent on individual project tasks as defined in the ~'ork plan.' Qverhead/Frinqe/General and Administrative Costs - All multipliers used (i.e., fringe benefits, overhead and/or general and administrative rates, included along with fee at line 3, Exhibit III, shall be documented/listed and supported by audit certified by CPA. If the COUNTY determines that multipliers charged by the CONTRACTOR exceeded the rates supported by audit, the CONTRACTOR shall be required to reimburse such funds to the COUNTY within 30 days of written notification. Interest on the excessive charges shall be calculated based on the prevailing rate used by the COO~TY. Fringe Benefitm - Shall be calculated pursuant to FDEP and CO~4TY guidelines. Overhead - Shall be calculated pursuant to FDEP and COU~ITY guidelines. General and Administrative - Shall be pursuant to FDEP and CO~4TY guidelinem~. calculated None of the above multipliers will overlap with each other. Subcontracts - Ail subcontractor invoices under a cost reimbursement task assignment shall be accompanied by supporting documentation in detail equivalent to that required of the prime CONTRACTOR. The COUNTY acknowledges that some subcontracted services will be based on reimbursement categories and units of measure that differ from those indicated for the prime CONTRACTOR. The appropriate units of measure for the service provided must be documented under a cost reimbursement contract (i.e., travel reimbursements will be authorized in accordance with the travel requirements of the prime CONTRACTOR; drilling subcontracts may be based on a per foot or per well cost; laboratory subcontractors will be based on a per sample per analysis cost; expense items needed which are not included in the per unit price must be supported by appropriate receipts equivalent to that required of the prime CONTRACTOR). in the event a fixed price is negotiated with the subcontractor, an invoice supported by documentation of the work performed will be sufficient. -8- All s.~bcontre:~or mu~ip:iers used (i.e., rrin~e benefits, c',er~e~d, and/or genera! a~d a~i~i~ra~ve ratGs) ~hall ~e supported by audit. ~f the CO~TY determines that multiplier~ charged by any subcontractor exceeded the ratee supported by audit, the CO,hrTPACTOR shall be required to rel.~burse such funds to th~ COUNTY vith{n 30 day6 of vritt~n notification. Interest On the excessive char~o~ ~hall be calculated based on the prevailing rate ~sed b~ the CO~T¥. Prim~ CONTRACTOR ~hall negotiate n advance subcontrac%or/contrac~ ad:inistratton cost/fee~ on a task aGsignzen% ba~ls. O. ~v_~ - Travel is included in the percentage in Other Direct Costs, Exhibit III, line 7. Any other travel expenses ~nd par d~em ~hich are not claimed under or included ~n Other Direct Costs, £xhtbi% III, Line ?, ~,Jst be documented by a state of Florida Travel Voucher vfth a~ropriste ra.:~{pts and in accordance ~lth. Section 1~2.061, r.$. Reimbu~ss:.~nt be only at rates currently allo~ed state employees. E. ~cu{~-,n__% - £~]~p~ent usage rental rates apply to use in the field only and do not apply ~o transportation ~r.e. The rental rs%es char~ed for equiprent us~Te shall be invoiced to the COb~TY in th, most favorable %er.: . - ~-'-(-Jr.e.,t~.e S:im of .he rental.rate; the sum of the daily rental rate for up to a zeven (7) day' period shall not exceed the %'eekly rental %he s,~ of the '~ekly rental rate for up to a four (~) ~eriod shall not exceed the monthly rental rate). F. C%ke.r £yDense~ fOther DiLect Ccs.~e) - e.g., :a~erials, s,~pp~les, ~ong distance phone calls, rna% are no% lr, c!udpd in c'.'erhead or general and a~Inistratlve cos%s, r~s% invcices. · ~3~ ' The ne?.:tiate~ r.~xir, um fee app:lc,.':le to task asslgr_-.ents under this contract shall ~e a'~arde~ on a t~sk assigr~en% basis no% to exceed ~0% _ of total bare labor ar, d [9~ - The CC~TY ~egervos the risht to e~tabl~sh amount and application of re%a~nage on a %ask haGts. A n~xin~ of 10% from each Da~.~nt %o the CCST~AC~3~ may be retained psnd~mg satisfactory cc:ple%ion of a ta~k ass~Sn:~nt and approval of all delivsrab!es. The revie'~ for appr:wal of %he final deliverable{s) cor, p~eted ~'ithin sixty (60) days of receipt. The reT, jest pays. eh% of re%ainase will ~e included on tho fir. al for each ~a~k az~tgn:ent. The final invoice for assi.]z~an~ will ~e submitted after a~:.rovsl of deliverable (s). ' ' ' -9- Me ~aboratory Analyses - Maximum analytical turnaround time shall be four weeks. The cost for performing sample analyses, blanks, and duplicates shall be charged in accordance with the rates contained in Exhibit IV attached hereto and made a part hereof. Health and Safety - Health and safety equipment and supplies for in field personnel protection shall be charged in accordance with the rates contained in Exhibit IV attached hereto and made a part hereof, and treated as equipment identified in paragraph E, above. Recovered Products - The CONTRACTOR shall actively seek vendors to market petroleum by-products recovered from petroleum contaminated sites. The proceeds from the sale of petroleum and petroleu~ products recovered during the remediation of a petroleum contamination site shall be credited to the COb~TY and supported by appropriate receipts. Purchase of Equipment/Non-Ex-bendable Supplies - Reimbursement for the purchase of equipment/nonexpendable supplies is subject to specific approval by the COUNTY. Such equipment/non-expendable supplies shall remain the property of the COUNTY and must be returned upon ta~k. completion. Charges for services or expenses, including services and expenses of subcontractors, directly identifiable to a task assignment which are not included in the payment schedules attached to this contract, shall be compensated at rates mutually acceptable to the COUNTY and the CONTRACTOR, and shall be evidenced by an executed task assignment. In the event the COUNTY determines that such rates should become part of the rate schedule attached to this contract, the COUT~TY shall initiate a change order evidencing the rates mutually agreed to by both parties. The CO~4TY shall pay each invoice in accordance with the requirements of Section 218.70, F.S., as applicable. If the COUNTY objects ~p all or any portion of any invoice, the COUNTY shall notify the CONTRACTOR of the objection within fifteen (15) days from receipt of the invoice, give reasons for the objection, and pay that portion of the invoice not in dispute in accordance with County and/or State of Florida payment procedures. Upon such notification of disputed charges, the COUNTY and the CONTRACTOR shall use their best efforts to resolve the disputed charges within forty-five (45) days from date of notification. Fixed price task assignments shall be invoiced on the basis of task completion or a schedule of deliverables, if appropriate, and shall not require supporting documentation as defined above for cost reimbursement task assignments. -10- The COUNTY shall pay all satisfactory invoices in accordance with Section 218.70, Florida Statutes. Three copies of each invoice, including appropriate backup documentation, shall be submitted to: Department of Pollution Control Office Management Collier County Government Center 3301 E. Tamiami Trail, Bldg. H Naples, FL 33962 SECTION IX.- AUDIT: ACCESS TO. RECORDS The CONTRACTOR shall maintain books, records, documents and other evidence directly pertinent to performance under this contract in accordance with generally accepted accounting principles and practices consistently applied. The CO~Ty, the State, or their authorized representatives shall have access, without cost, to such records for audit purposes during the term of the contract and for three years following contract completion. Multipliers used by the CONTRACTOR or its subcontractors for fringe benefits, overhead, and general and ad.--inistrative rates may be audited by the COUNTY up to three }'ears after contract termination. If the COUNTY determines that the actual rates are less than the multipliers used, the CONTRACTOR shall be responsible for reimbursing the difference to the COUNTY and, if applicable, recovering such monies from its subcontractors. SECTION X MANAGEMENT The COUNTY's Project Manager is G. George Yilmaz, or his designee, telephone ~¢~m~¥ (941) 732-2502 The CONT~CTOR,s P~9~ect MaDDger is R - ½~-57&-~&uu , telephone number · All matters shall be directed to the Project Managers for appropriate action or disposition. Ail services shall be performed by the CONTRACTOR to the s~%isfaction of the County Administrator or his designated representative, in accordance with the standard of care provision contained in Section II of this contract. The COUNTY may at any time, by written order designated to be a change order, make any change in the work within the general scope of the contract (e.g., specifications, time method or manner of performance, requirements, etc.). All change orders are subject to mutual agreement of both parties and shall be -ll- evidenced in writing. Any change order which causes an increase or decrease in the CONTRACTOR,s cost, fee, or time shall require an appropriate adjustment and modification (amendment) to this contract. Ail documents generated and submitted by the CONTRACTOR to the COUNTY under this contract shall become the sole property of the COUNTY and may be used by the COUNTY at its sole discretion. However, the COUNTY's use of such materials developed by the CONTRACTOR under this contract on projects, or. extension of projects, which are not directly related to the CONTRACTOR,s services under a task assignment covered by this contract, shall be at the CO~4TY's risk. The CONTRACTOR warrants that it has not employed or retained any company or person, other than a bona fide employee ~orking solely for the CONTRACTOR, to solicit or secure this aqreement and that he has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the CONTRACTOR, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this agreement. For the breach or violation of this provision, the COUNTY shall have the right to terminate this agreement without liab/lity and, at its discretion, to deduct from the contract price, or otherwise recover, the full amount of such fee, co~ission, percentage, gift, or consideration. ~ECTION XI - TERMINATIO~ A. This contract may be terminated in whole or in part in writing by either party in the event of substantial failure by the other party to fulfill its obligations undsr this contract through no fault of the terminating party, provided that no termination may be effected unless the other party is given: 1) not less than ten (10) calendar days written notice (delivered by Certified Mail, Return Receipt Requested) of intent to terminate; 2) an opportunity.for consultation with the terminating party prior to termination; and 3) a reasonable opportunity to remedy the failure. B. This contract may be terminated in whole or in part in writing by the COb~TY for its convenience, provided that the CONTRACTOR is given: 1) not less than ten (10) calendar days written notice (delivered by Certified Mail, Return Keceipt Requested) of intent to terminate; 2) an opportunity for consultation with the terminating party prior to termination. Ce If termination for default is effected by the COb~'TY, an equitable adjustment in the price provided for in this contract shall be made, but 1) no amount shall be allc~'ed for anticipated profit on unperformed services or other work; and 2) any payment due to the CONTRACTOR at the time of the tez-mination may be adjusted to cover any reasonable additional costs to the COUNTY because of the CONTRACTOR's default. If tez-mination for default is effected by the CONTP~C~OR, or if termination for convenience is effected by the COLrNTY, the ecfuitable adjustment shall include a reasonable profit for services or other work p~rformed. The ecfuitable adjustment for any termination shall provide for pa~rment to the CONTRACTOR for services rendered and expenses incurred prior to the termination, in addition to tez-mination, settlement costs reasonably incurred by the CONTRACTOR relating to commitments which had k~come firm prior to the termination. De Upon receipt of a termination action under paragraphs A or B above, the CON~RAC~OR shall: 1) promptly discontinue all affected work (unless the notice directs otherwise); and 2) deliver or otherwise make i~u~ediately available to the COmiTY all data, drawings, specifications, reports, estimates, summaries and such other information and materials as may have been prepared or accumulated by '{-~e CONTk%C~OR in performing this contract, both completed and in process. Upon termination under paragraphs A or B above, tke may take over the work or may award another party a contract to complete the work. If, after termination for failure of the CONTRACTOR to fulfill contractual obligations, it is determined that the CONTRACTOR had not failed to fulfill contractual obligations, the termination shall be deemed to have been for tke convenience of the COLrNTY. In such event, adjustment of tke contract price shall be made as provided in paraaraph C of this section. ~ SECTION XII -"LIQUIDATED DAMAGES TIME IS OF THE ESSENCE FOR THE COMPLETION OF THE WORK TO BE PERFORMED. In the event that any CONTRACTOR fails to co:plete any task assignment on a timely basis, the COMITY will suffer financial loss. Accordingly, the COLrNTY reserves the right to assess as liquidated damages, but not as a penalty, an amount not less than the value of the task assignment divided by the number of calendar days agreed upon for each task. Said amount shall be assessed for each calendar day thereafter until the task assignment has been completed by the Contractor and accepted by the COUNTY. ' -13- SECTION XIII - SUSPENSION OF WORK The COUNTY may order the CONTRACTOR in writing to suspend, delay or interrupt all or any part of the work for such period of time as the COUNTY may determine to be appropriate for the convenience of the COUNTY. If the performance of all or any part of the work is suspended, delayed or interrupted for an unreasonable period of time by an act of the COUNTY in administration of a task assignment, or by the COUNTY's failure to 'act within a reasonable time, the COUNTY shall make an adjustment for any increase in the cost of performance of a task assignment (excluding profit) necessarily caused by such unreasonable suspension, delay or interruption and modify the task assignment. However no adjustment shall be made under this clause for any suspension, delay or interruption to the extent: That performance would have been so suspended, delayed or interrupted by any other cause, including tke fault or negligence of the CONTRACTOR; or For which an equitable adjustment is p_r_o, vided or excluded under any other provision of this contract. Ce The COUNTY shall make payment to the CONTRACTOR of any retainage withheld on a task assignment provided the CONTRACTOR submits an invoice for such retainage. Payment shall be made in accordance with Section VIII - PAYMENTS. No retainage payment shall be made to the CONTRACTOR if the suspension, delay or interruption is due to the fault or negligence of the CONTRACTOR. SECTION XIV - CONFLICT OF INTEREST The State or County may seek recovery of the costs of cleanup of specific sites from any and all responsible parties, and must anticipate the possibility of litigation. In order to avoid a conflict-of-interest, or the appearance of a conflict-of-interest, the County requires that the CONTRACTOR notify the CO~;TY in writing within five (5) working days of the CONTRACTOR's discovery of a potential conflict-of-interest and make such continuing disclosure throughout .the term of the contract, any present or anticipated contractual or other business relationship between the CONTRACTOR, or any subcontractor of the CONTRACTOR, and any of the persons or entities who are, or may be, responsible for that site. The COUNTY agrees to notify the CONTRACTOR of all potentially responsible parties for a site when such information becomes known to the COUNTY. The COUNTY shall notify the CONTk~CTOR within ten (10) days of receipt of such notification whether or not it deems a conflict-of-interest to exist. -14- For the purposes of this section, a CONTRACTOR or CONTRACTOR's subcontractor may be deemed to have had a business relationship with one of the potentially responsible parties if it has had such a relationship with a parent or subsidiary, a predecessor or a successor of such party, or if it has been engaged by independent legal representatives on behalf of any such parties, as so defined. A full disclosure shall include a description of the action that the CONTRACTOR has taken or proposes to take ~o avoid or to mitigate such conflicts-of-interest. The COUNTY may terminate the contract if the COUNTY deems such termination to be in the best interest of the COUNTY, or may terminate the CONTraCTOR's assignment to a particular site or sites based upon its assessment of a potential conflict-of-interest. SECTION Xv - INSU]AANCE The CONTRACTOR shall maintain during the life of the contract, Professional Liability Insurance, Comprehensive General and Comprehensive Automobile Liability Insurance as shall protect it from claims for damage for personnel injury, including accidental death, as well as claims for property damage ~hich may arise from operating under this contract ~heth~¥ such operations are by the CONTRACTOR or by anyone employed by the CON/?~ACTOR, and the amount of such insurance shall, at a minimum, meet the following limits: ae Comprehensive General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. Ce Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers Liability with a minimum limit of $1,000,000 for each accident. D. Professional Liability: Coverage of $1,000,000. Special Requirements: The CONTRACTOR shall insure that all subcontractors comply with the same insurance requirements that he is -15- required to meet. The same CONTRACTOR shall provide County with certificates of insurance meeting the required insurance provisions. The insurance certificate must state the RFP Number and Title. Collier County and the State of Florida shall be included as an Additional Insured on both the Comprehensive General Liability and Business Auto Liability Policies and so noted on the Insurance Certif'icates. The Insurance Certificates shall also state the following: "These coverages are primary to all other-coverages the County possesses for this contract only". Collier County Board of County Commissioners shall be named as the Certificate Holder. NOTE--The "Certificate Holder" shall read as follows: Collier County Board of County Commissioners Naples, FL No County Division, Department, or individual name shall appear on the Certificate. No other format will Be acceptable. ---- 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 COb~TY not less than 30 days prior to any expiration date. There shall be a 30 day advance notification to the COUNTY in the event of cancellation or modification of any stipulated insurance coverage. Such insurance shall not be canceled by the CONTRACTOR unless the CONTRACTOR gives the COUNTY thirty (30) days notice. If the insurer cancels such insurance, the CONTRACTOR must notify the COUNTY within five (5) days of the ~QNTRACTOR's notification from its insurance company. The COUNTY reserves the righ~ to require the CONTRACTOR to include a site owner/operator and its employees or necessary off-site persons when access to a site is required for petroleum cleanup, as additional insureds on the CONTRACTOR's insurance policies. The COUNTY shall reimburse the CONTRACTOR for any additional premium required for inclusion of an off-site person on the CONTRACTOR'S insurance policies. The CO~TY reserves the right to increase the minimum required insurance coverage if such increase would be in the. best interest of the State of Florida and/or the COUNTY. SECTION XVI INDEMNIFICATION The CONTRACTOR, in consideration of Ten Dollars ($10.00), 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, any Subcontractor, or anyone directly or indirectly employed by any of them. The CONTRACTOR'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,S limit of, or lack of insurance protection. The first Ten Dollars ($10.00) of money received on the contract price is pa}~.ent of this obligation by the COUNTY. Except as specified above, loss or damage due exclusively to the acts or omissions of an employee or employees of one of the parties, or exclusively to the failure of or defect in the equipment of one of the parties, shall be borne solely by the party whose employee(s) or equipment so cau_%~d such icss or damage. Loss or damage due to the concurring~acts or omissions of both parties, or the acts or omissions of a person or persons not a party to this agreement shall be borne by each of the parties as to its own employees and property in the percentages as it shall be legally determined that each contributed to the loss or damage. Upon payment in full to the CONTRACTOR for service performed hereunder, the CONTRACTOR agrees to hold the COmiTY harmless with respect to claims by third persons for payment for labor, materials, and equipment used by the CONTP~CTOR in connection with CONTRACTOR's performance of such services. SECTION XVII - FORCE MAJEURE If a force maje6~e event occurs which causes delay or the reasonable likelihood of delay in the achievement of the requirements of this contract, the CONTRACTOR shall promptly notify the COUNTY verbally and shall, within seven calendar days, notify the COUNTY in writing of the anticipated length and cause of the delay, the measures taken or to be taken to minimize the delay, and the timetable by which the CONTRACTOR intends to implement these measures. If the parties can agree that the delay or anticipated delay has been or will be caused by a force majeure event, time for performance under this contract shall beextended for a period equal to the delay resulting from the force majeure event. For such an extension to be effective such agreement must be confirmed by letter from the COUNTY accepting -17- or, if necessary, modifying the extension request. A force majeure event shall be an act of God, a strike, lockout, or other industrial disturbance not involving the CON?RACTOR, act of the public eqemy, war, blockade, public riot, lightning, fire, flood, explosion, failure to receive timely necessary governmental or third party approvals, governmental restraint, and any other cause, whether of the kind specifically enumerated herein or otherwise, which is not reasonably within the control of the CONTRACTOR. In the event that the CONTRACTOR'S work is inte~rupted due to a force majeure event, the CONTRACTOR shall be equitably compensated for reasonable costs associated with maintaining its work force and equipment availability during the interruption, or at the option of the COUNTY, for such similar charges that are incurred by the CONTRACTOR for demobilization and subsequent remobilization. In no event shall the CONTRACTOR be required to maintain a field force in standby status in the field for a period in excess of five (5) calendar days. SECTION xvII% THIS AGREEMENT shall be administered on behalf of ~ ~..e COU.~TY by the Pollution Control Department. SECTION XI:{ - COMPONENT PARTS OF THIS CONTP~CT This Contract consists of the attached component parts, all of which are as fully a part of contract as if herein set out verbatim: Insurance Certificates, Performance Bond(s), Exhibits I, II, III, IV and RFP f95-2380, and attachments. ~ECTION xX IT IS FURTHER ~4DERSTOOD AND AGREED, by and bet%'een the parties herein that this Agreement is subject to annual budget appropriation by the Board of County Commissioners. SECTION XXI - CHOICE OF LAW/FORUM The parties hereby agree that any and all actions or disputes arising out of this contract shall be governed by the laws of the State of Florida; and any such actions shall be brcuqht in Collier County, Florida. -18- SECTION XXII - ENTIRE AGREEMENT It is hereby understood and agreed that this contract states the entire agreement and that the parties are not bound by any stipulations, representations, agreements or promises, oral or otherwise, not printed in this contract. IN WITNESS WHEREOF, the CONTRACTOR and the COUNTY, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on duplicate originals of this Agreement on the date and year first above written. BOARD OF COUNTY COM/~ISSIONERS COLLIER C~UNTY, FLORIDA j" JOHN C. NORRIS , Chairman Ecology and Environment Witness James B. Collins. Vice President Typed signature and title CORPORATE SEAL (corporations only) Approved as to form and legal sufficiency: Thomas C. Palmer Assistant County Attorney -19- STATE OF FL-~PR~ NEW YORK CObqqTY OF C~ ERiE Before me, the undersigned authority, this day personally appeared 3ames B. Collins and ~onald L. Frank to me well known and known to me to be 3ice President and _Corporate Secretary _ respectively, of the Corporation named in the foregoing Agreement, and each severally acknowledged to and before me that they executed such Agreement on behalf of and in the name of said corporation as such officers; that the seal affixed to said Agreement 'is the corporate seal of said corporation and that it was affixed thereto by due and regular corporate authority; and they are duly authorized by said corporation to execute this agreement and that this Agreement is the free act and deed of said corporation. IN WITNESS WHEREOF, I. have here~to.s~t my hand and affixed my official seal this ~ day of . ;~,! , A.D. 1996. Notary Public GGY/jh6186 -20- AGREEMENT TO EXTEND AGP`EEMENT FOP, CLEANUP OF CONTAMINATION SITES WHEREAS, on May 07, 1996, Collier County ("COUNTY") entered into a 19 page Agreement ("the Agreement") with Metcalf & Eddy, Inc., a corporation, ("CONTRACTOR") for the Corporation to provide specified support services in connection with the clean up of contaminated sites; and WHEREAS, SECTION V of the Agreement provides that tile COUNTY has the right to renew the Agreement "for a period of one year [from May 07, 1999 to May 07, 2000] or until such time as all outstanding Assignments issued prior to [May 07, 2000] have been completed; and WHEREAS, the above-specified contract extension must be in writing signed by the COUNTY and the CONTRACTOR; and WHEREAS, tile COUNTY desires to extend tile Agreement until May 07, 1999 or until ali Assignments issued by COUNTY to CONTRACTOR prior to May 07, 2000 have been completed, whichever occurs last. NOW, THEREFORE, THE COUNTY AND THE CONTRACTOR hereby agree as follows: 1. The Agreement is hereby extended until May 07, 2000 or until all Assignments issued by the COUNTY to CONTRACTOR prior to May 07, 2000 have been completed, ~vhichever occurs last. 2. All other provision of the Agreement remain the same. ATTEST,,:!: :': BOARD OF COUNTY COMMISSIONERS 7. '":' COLLIER COUNTY, FLORIDA I~'WI/GHT E. BROCK, CLERK BARXI~RXS:~gER-i~GIt~d~4N Witness' Witness Metcalf & Eddy, Inc. Signature of Corporate Office/ Roberto S. Ortiz, P.E., Vice President Typed name and title of Corporate Officer Approved as to Form and Legal Sufficiency Thomats C. Palmer ! Assistant County Attorney k~ \\ T Y CO~k~. ~) COUN BOARD OF COUNTY CO~ISSIONERS AGRE~MIENT FOR CLEANUP OF CONTAMINATION SITES ~IS AGREEM~T, made and entered into this 7~ day of .~//~ ~' ., 1996, by and between the Board of County Commis~ners, Collier County, Florida, a political subdivision of thevState of Florida, hereinafter called the COUNTY, and Metcalf & Eddy, Inc. .., duly authorized to conduct business in the State of Florida, hereinafter called the CONTRA~OR; W I TN E S S ET H W~EREAS, the COUNTY desires to obtain support services of said CONTRACTOR in connection with its contamination site cleanup program; and WHEREAS, the CONTR3%CTOR has reviewed the services re?uired by the COUNTY pursuant to RFP f95-2380 and is agreeable to and desirous, capable, and qualified to perform and provide all such services in accordance with the provisions, conditions, and terms hereinafter set forth; and ~EREAS, the parties agree that selectidH~and contractual engagement of the CONTRACTOR has been made by the CO~;TY in accordance with the provisions of the Consultants, Competitive Negotiation Act, Chapter 287.055, Florida Statutes, as applic~ble~ a~d--in .... accordance with the COUNTY'S policy on competitive se!ectig~ prgcsdures. NOW,--THEREFOREr---in consideration of the mutual covenants, t~r~.--~nd ~pw~~--u~~~~%e. parties hereto agree that with the. mutual acceptance oE this Agreement, as evidenc~ hereinafter by joint-execution of this Agreement, that a contract shall exist between both parties consisting of the.' covenants, terms, and provisions agreed to as follows: The COLLIER COUNTY BOARD OF COUNTY COM~4ISSIONERS, (CO~TY) hereby retains the CONTRACTOR to provide enviror~ental monitoring, response, and cleanup/remediation services as outlined in BCC Solicitation No. RFP #95-2380, and CONTkACTOR's response thereto, incorporated herein by reference. A~y terms and conditions of this contract which vary from those contained in the.. Solicitation or CONTRACTOR's response shall have precedence. . Activities- associated with site cleanup will be performed in accordance with the provisions of Chapters 62-770, 62-771 and. 62-775, Florida. Administrative Code (F.A.C.), Petroleum 'Contamination Cleanup Criteria Rule, -Petroleum Contamination Site Priority Ranking Rule and Soil Thermal Treatment Facilities Rule, respectively. -1- SECT ON SCOPE OF SERVICES The CONTRACTOR shall provide petroleum and contamination site cleanup services, on a task assignment basis, a copy of the Task Assignment Form and Task Assignment Change Order are attached hereto and made a part hereof, as Exhibits I and II, which may include any or all of the following described work elements: A. Quality'Assurance Prior to receiving any Site task assignments, the CONTRACTOR shall provide a copy of its approved Comprehensive Quality Assurance Plan (Comp QAP) from the Florida Department of Environmental Protection (FDEP) Quality Assurance Section. The Comp QAP must comply With the FDEP's Manual for Preparing Quality Assurance Plans, DEP QA-001/90. Safety The CONTRACTOR and its subcontractors shall comply with OSHA Regulation 29 CFR Part 1910, including preparation of a site-specific safety plan for each project C. Contamination Assessment Plan (CAP) and Initial Remedial Actions (IRA) --~ The COUNTY may assign a site or group of sites to the ~ONTRACTOR, and make available to the CONTRACTOR all information known about the site(s). For each site, the COUNTY will request a cost estimate and Work proposal. The CONTRACTOR will conduct an initial site visit and prepare a CAP which outlines the CONTRACTOR,s approach to a contamination assessment which meets the requirements of Chapter 62-770, F.A.C. The CAP must include a site-specific safety plan and may include IRA recommendations such as free product or soil removal. D. Contamination Assessment Upon approval of the CAP by the COUNTy, the COUNTY may assign the CONTRACTOR to conduct the investigation and submit a Contamination Assessment Report (CAR). E. Remedial Action Plan (RAp) Upon approval of the CAR by the COUNTY, the COUNTY may assign the CONTRACTOR to develop a RAP designed to clean up the site to the Site Remediation Levels (SRL's) specified in Chapter 62-770, F.A.C. In some cases, the COUNTy may direct the CONTRACTOR to develop an alternate SRL for a site by performing a risk assessment in accordance With Chapter 62-770, F.A.C. and the FDEP's RiSk Assessment Guidelines for Non-Superfund Sites. -2- The RAP will include plans and specifications and backup calculations which demonstrate the rationale for the system design. F. Remedial Action Upon approval of the plan, the COUNTY may assign the CONTRACTOR to implement the RAP. This shall include obtaining price quotes from vendors and subcontractors, recommending purchases and awards, overseeing const_~uction, supervising system startup, and performing operation and maintenance of the system. ' Other responsibilities of the CONTRACTOR during assessment and remedial action include acquiring all necessary permits and inspections, securing site access and obtaining easements, ensuring compliance with all additional environmental regulations and providing community relations support to the COUNTY. G. Other Cleanup and Environmental Response Activities Upon approval by the County, task assignments may be given .for other environmental monitoring, response, and cleanup/remediation activitie~ including, bulL_not limited to, Contamination Assessments, Remedial 'Action Plans, Alternative/Remedial Actions, and other associated activities. All tasks should be conducted by the contractor within all the applicable Local, State and Federal laws .and rules. In the event services are required to be performed that are not set out above, but are within the general scope of services, the COUNTY and the CONTRACTOR hereby reserve the right to negotiate proposed task assignments covering the reuuired services. - Notwithstanding any other provision of this contract, the CONTRACTOR may, at its sole discretion, elect not to participate in a proposed task assignment. Such election shall not preclude the CONTRACTOR from participating in other proposed task assignments the COUNTY may request. The CONTRACTOR shall notify the COUNTY verbally, with confirmation in writing, within five (5) working days of receipt of a proposed task assignment of the CONTRACTOR's decision not to participate in a proposed task assignment. There is no work guaranteed as a result of this contraS. Any and all work will be at the discretion of the COUNTY. The COUNTY reserves the right to assign different phase~ of work on a specific site to different CONTRACTORS. In such cases, the CONTRACTOR's liability for accepting and using work done by previous CONTRACTORs will be negotiated on a site-specific basis. -3- SECTION II - GENERAL RESPONSIBILITIES OF THE CONTRACTOI'~ The CONTRACTOR is responsible for the professional quality, technica~ accuracy, timely completion and coordination of all designs, drawings, specifications, reports, other services and installations furnished by the CONTRACTOR under this contract. The CONTRACTOR is responsible for all phases of assessment and cleanup as well as liability for damage suffered by the COUNTY for non-performance. In the event of damages to the COUNTY for CONTRACTOR,S non-performance of site cleanup, Section XV shall be reviewed for its applicability. The CONTRACTOR shall without additional compensation correct or revise any errors, omissions or other deficiencies in its designs, drawings, specifications, reports, other services and installations, which exist at the time of inspection for acceptance by the COUNTY and do not conform to the following standard of care: The CONTRACTOR represents that its services and installations shall be performed, within the limits prescribed by the COUNTY, in a manner consistent with that level of care and skill ordinarily exercised by other professional consultants under similar circumstances at the time the--services are performed. The COUNTY reserves the right to unilaterally cancel this contract for refusal by the CONTRACTOR to allow public access to all documents, papers, letters or other materials subject to the provisions of Chapter 119, Florida Statutes, and made or received by the CONTRACTOR in relation to this contract. The CONTRACTOR shall establish procedures for the determination and separate maintenance of confidential information, if any, not subject to the public and the County's disclosure provisions of Chapter 119, Florida Statutes, and shall afford complete access to such information to the COUNTY for a determination of confidentiality if requested by the COUNTY. SECTION III - GENERAL RESPONSIBIbITIES OF THE COUNTY The COUNTY shall obtain site access for the CONTRACTOR, its employees, agents and subcontractors, for the purpose of providing the services, only after the CONTRACTOR has demonstrated a good-faith effort to do so and has failed. The COUNTY recognizes that, consistent with the standard of care provision, the use of investigative equipment and practices may unavoidably alter the existing site conditions and affect the environment in the geographic area being studied. -4- The CONTRACTOR shall not be regarded or required to be a generator, transporter, treater, storer or disposer of hazardous waste or substances (as defined by Sections 403.703(21) and (29), Florida Statutes) which are present on and excavated from an assigned site pursuant to this contract. If required by the COUNTY, the CONTRACTOR shall employ the services of licensed or certified subcontractors, for the transportation, treatment, storage or disposal of said hazardous waste or substances. The CONTRACTOR.will be considered a transporter, treater, storer or disposer of said hazardous waste or substances, if .it undertakes directly to transport, treat, store, or dispose (as defined by Section 403.703, Florida Statutes and FDEP rules promulgated thereunder) of hazardous waste or substances generated from an assigned site. Prior to the commencement of the services and thereafter, the COUNTY project personnel shall notify the CONTRACTOR of any known health or safety hazard or condition existing on or near the project site. If hazardous substances or conditions are discovered during the performance of the services that are different in type, amount or concentration from those disclosed to the CONTRACTOR prior to commencement of the services, then, upon notification, the COUNTY and the CONTRACTOR shall seek to determine the equitable adjustment (if any) .tcu be made to the task assignment. If the parties are unable to agree, the task assignment shall be terminated in accordance with the termination for convenience provision of this contract. The COUNTY shall compensate the CONTRACTOR for any reasonable emergency measures necessary for health and safety. The CONTRACTOR recognizes that hazardous substances and other safety hazards or conditions are likely to be encountered in work performed under this contract and acknowledges responsibility for the safety of the CONTRACTOR's personnel and others under its direction. The COUNTY shall furnish to the CONTRACTOR plans, if any, in the possession of COUNTY project personnel showing the location of underground structures, such as pipes, tanks, cables and utilities. The CONTRACTOR shall be obligated to investigate the location of such underground structures in accordance with reasonable standard of care. The COUNTY shall give the CONTRACTOR written notice within ten (10) working days of discovery of any suspected deficiency in the services. The COUNTY shall provide required approvals and decisions in accordance with the requirements of Chapter 62-770, F.A.C., unless another schedule, which would require more frequent approvals and decisions by the COUNTY, is established by a given task assignment. -5- IIIII IIIIII - II II I SECTION. IV - REPORTS Delivery of a task final report may include a technical presentation at the COUNTY in Naples. A final report shall be delivered in accordance with requirements to specific task assignments. SECTION V - TER~ OF AGREEMENT This contract is effective on the date of execution and shall remain in effect until three years from the date of execution, by which date all requirements, including final reports, shall have been completed. Section VIII of this agreement will be subject to renegotiation for one year beginning on September 30, 1996. It is solely the responsibility of the CONTRACTOR to initiate any renegotiation of rates 60 days prior to September 30, 1996. Failure to initiate a renegotiation of rates prior to the date established shall result in the continuation of the rates contained in the contract. The COUNTY reserves the right to terminate negotiations and continue work to complete assignments as specified in the paragraph below under existing rates, or terminate the contract if agreement is not reached by the last day of the renegotiation period. The COUNTY reserves the right to renew this contract for a period of one year or until such time as all outstanding Assignments issued prior to expiration of the one year period have been completed based on the continued satisfactory performance of the CONTRACTOR and the availability of funds to support the renewal. If the COUNTY exercises a renewal option with the CONTRACTOR, the established contract ceiling amount may be raised at the rate of available funds for the renewal period. Each renewal shall be agreed in writing by both parties and approved, upon recommendation of staff, by the Board of County Commissioners. SECTION VI - SUBLETTING The CONTRACTOR shall not sublet, assign or transfer any work under this contract without the prior written consent of the COUNTY. Any such attempt shall be void. The COUNTY may require documentation of receipt of multiple quotes as well as approving subContractor documents. The CONTRACTOR agrees to be responsible for the fulfillment, of all work elements included in the subcontracts and agrees to be responsible for payment of all monies due under all subcontracts. SECTION VII - COMPENSATION For satisfactory performance, the COUNTY agrees to compensate the CONTRACTOR on either a fixed price or cost reimbursement -6- basis. It is hereby understood and agreed that the sum total of all compensation under this contract shall not exceed $1,000,000 for each County fiscal year during the contract term. In no event shall the CONTRACTOR continue to perform services once the authorized compensation under this contract is reached. It is the CONTRACTOR's responsibility to know when the authorized compensation is reached. On those task assignments or portions thereof, in which the CONTRACTOR is to be compensated on the basis of cost plus a fixed fee, the CONTRACTOR shall notify the COUNTY when the CONTRACTOR believes that the service cannot be completed for the estimated cost established for the task assignment. In such event and after a review of the explanation provided to the COUNTY, the COUNTY and the CONTRACTOR shall attempt to mutually agree upon the extent to which (1) the Scope of Services shall be adjusted so that the task assignment may be completed for the estimated cost or (2) the estimated cost shall be increased in order to complete the task assignment, or (3) the task assignment shall be completed at the original estimated cost. In no event, however, shall the CONTRACTOR continue to provide services once the estimated cost for the task assignment has been reached. It is further understood and agreed that tbe_~CONTRACTOR shall not commence work on any task assignment that may exceed the balance of the contract until notice is received of an increase in funding. The COUNTY's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Board or continuation of other funding presently anticipated based on available funds from FDEP without liability for anticipated profits for unfinished work. SECTION VIII - PAYMENTS The CONTRACTOR shall submit itemized invoices in accordance with the authorized budget categories listed below for each task assignment, or shall submit invoices accompanied by an executed copy of the task assignment notification form and spreadsheet evidencing a fixed price. The COUNTY Finance Director requires and CONTRACTOR shall provide at no cost to the COUNTY detailed supporting documentation of all costs under a cost reimbursement contract. Invoices shall be accompanied by supporting documentation and other requirements as follows: Contractor rates are attached as Exhibit IV and will range from the low of' negotiated rates to a high of the median FDEP Preapproval rates. Minimum, maximum, and average rates are included for reference only. -7- ae Ce Salaries/Wages (Direct Labor). - List personnel involved (by name and personnel category), salary rates and hours/time spent on individual project tasks as defined in the work plan. Overh~ad/~rinqe/GeDera~ add Administrative Costs - All multipliers used (i.e., fringe benefits, overhead and/or general and administrative rates, included along with fee at line 3, Exhibit III, shall be documented/listed and supported by audit certified by CPA. If the COUNTY determines that multipliers charged by the CONTRACTOR exceed'ed the rates supported by audit, the CONTRACTOR shall be required to reimburse such funds to the COUNTY within 30 days of written notification. Interest on the excessive charges shall be calculated based on the prevailing rate used by the COUNTY. ~rin~e Benefits - Shall be calculated pursuant to FDEP and COUNTY guidelines. Overhead - Shall be calculated pursuant to FDEP and COUNTY guidelines. 3. General and Administrative - Shall be calculated pursuant to FDEP and CO~TY guideline~, None of the above multipliers will overlap with each other. Subcontracts - Ail subcontractor invoices under a cost reimbursement task assignment shall be accompanied by supporting documentation in detail equivalent to that required of the prime CONTRACTOR. The CO~TY acknowledges that some subcontracted services will be based on reimbursement categories and units of measure that differ from those indicated for the prime CONTRACTOR. The appropriate units of measure for the service provided must be documented under a cost reimbursement contract (i.e., travel reimbursements will be authorized in accordance with the travel requirements of the prime CONTRACTOR; drilling subcontracts may be based on a per foot or per well cost; laboratory subcontractors will be based on a per sample per analysis cost; expense items needed which are not included in the per unit price must be supported by appropriate receipts equivalent to that required of the prime CONTRACTOR). In the event a fixed price is negotiated with the subcontractor, an invoice supported by documentation of the work performed will be sufficient. -8- De Ze Fe Ho Ail subcontractor multipliers used (i.e., fringe benefits, overhead, and/or general and administrative rates) shall be supported by audit. If the COUNTY determines that multipliers charged by any subcontractor exceeded the rates supported by audit, the CONTRACTOR shall be required to reimburse such funds to the COUNTY within 30 days of written· notification. Interest on the excessive charges shall be calculated based on the prevailing rate used by the COUNTY. · Prime CONTRACTOR shall negotiate in advance subcontractor/contract administration, cost/fees on a task assignment basis. Trave~ - Travel is included in the percentage in Other Direct Costs, Exhibit III, line 7. Any other travel expenses and per diem which are not claimed under or included in Other Direct Costs, Exhibit III, Line 7, must be documented by a state of Florida Travel Voucher with appropriate receipts and in accordance with Section 112.061, F.S. Reimbursement will be only at rates currently allowed state employees. Equipment - Equipment usage rental rates apply to use in the field only and do not apply to transportation time. The rental rates charged for equipment usage shall be invoiced to the COUNTY in the most favorable terms (~e__.,t~e sum of the hourly rental rate for a given day shall not exceed the daily rental rate; the sum of the daily rental rate for up to a seven (7) day period shall not exceed the weekly rental rate; the sum of the weekly rental rate for up to a four (4) week period shall not exceed the monthly rental rate). Other Expenses (Other Direct costs) - e.g., materials, supplies, long distance phone calls, that are not included in overhead or general and administrative costs, must be documented by itemizing and including copies of receipts or invoices. Fe~ - The negotiated maximum fee applicable to task assignments under this contract shall be awarded on a task assignment basis not to exceed ~0% of total bare labor and project management cost. (Included in Exhibit III line 3) Retainag~ - The COUNTY reserves the right to establish the amount and application of retainage on a task assignment basis. A maximum of 10% from each payment to the CONTRACTOR may be retained pending satisfactory completion of a task assignment and approval of all deliverables. The review for approval of the final deliverable(s) will be completed within sixty (60) days of receipt. The request for payment of retainage will be included on the final invoice · for each task assignment. The final invoice for each task assignment will be submitted after approval of the final deliverable(s). -9- III I I I ..... III1~ II I I ,llll,I ii , ~aboratory Analyses - Maximum analytical turnaround time shall be four weeks. The cost for performing sample analyses, blanks, and duplicates shall be charged in accordance with the rates contained in Exhibit IV attached hereto and made a part hereof. Je Health and Safety - Health and safety equipment and supplies for in field personnel protection shall be charged in accordance with the rates contained in Exhibit . ~V attached hereto and made a part hereof, and treated, as equipment identified in paragraph E, above. Me Recovered Products - The CONTRACTOR shall actively seek vendors to market petroleum by-products recovered from petroleum contaminated sites. The proceeds from the sale of petroleum and petroleum products recovered during the remediation of a petroleum contamination site shall be credited to the COUNTY and supported by appropriate receipts. ne Purchase of E~uipment/Non-ExDendable Supplies - Reimbursement for the purchase of equipment/nonexpendable supplies is subject to specific approval by the COUNTY. Such equipment/non-expendable supplies shall remain the property of the COUNTY and must be returned upon ta~k-completion. Charges for services or expenses, including services and expenses of subcontractors, directly identifiable to a task assignment which are not included in the payment schedules attached to this contract, shall be compensated at rates mutually acceptable to the COUNTY and the CONTRACTOR, and shall be evidenced by an executed task assignment. In the event the COUNTY determines that such rates should become part of the rate schedule attached to this contract, the COUNTY shall initiate a change order evidencing the rates mutually agreed to by both parties. The COUNTY shall pay each invoice in accordance with the requirements of Section 218.70, F.S., as applicable. If the COUNTY objects to all or any portion of any invoice, the'COUNTY shall notify the CONTRACTOR of the objection within fifteen (15) days from receipt of the invoice, give reasons for the objection, and pay that portion of the invoice not in dispute in accordance with County and/or State of Florida payment procedures. Upon such notification of disputed charges, the COUNTY and the CONTRACTOR shall use their best efforts to resolve the disputed charges within forty-five (45) days from date of notification. Fixed price task assignments shall be invoiced on the basis of task completion or a schedule of deliverables, if appropriate, and shall not require supporting documentation as defined above for cost reimbursement task assignments. -10- The CO~;TY shall pay all satisfactory invoices in accordance with Section 218.70, Florida Statutes. Three copies of each invoice, including appropriate backup documentation, shall be submitted to: Department of Pollution Control Office Management Collier County Government Center 3301 E. Tamiami Trail, Bldg. H Naples, FL 33962 SECTION IX - AUDIT: ACCESS To RECORDS The CONTRACTOR shall maintain books, records, documents and other evidence directly pertinent to performance under this contract in accordance with generally accepted accounting principles and practices consistently applied. The COUNTY, the State, or their authorized representatives shall have access, without cost, to such records for audit purposes during the term of the contract and for three years following contract completion. Multipliers used by the CONTRACTOR or its subcontractors for f~inge benefits, overhead, and general and aah~inistrative rates may be audited by the COUNTY up to three years after contract termination. If the COUNTY determines that the actual rates are less than the multipliers used, the CONTRACTOR shall be responsible for reimbursing the difference to the COUNTY and, if applicable, recovering such monies from its subcontractors. SECTION. ~ MANAGEMEN~ The COUNTY's Project Manager is G. George Yilmaz, or his designee, telephone number (941) 732-2502. The CONTRACTOR's Project Manager is Stephen Starke. ?.G, , telephone number 95&~50-517~ . All matters shall be directed to the Project Managers for appropriate action or disposition. Ail services shall be performed by the"CONTRACTOR to the satisfaction of the County Administrator or his designated representative, in accordance with the standard of care provision contained in Section II of this contract. The COUNTY may at any time, by written order designated to be a change order, make any change in the work within the general scope of the contract (e.g., specifications, time method or manner of performance, requirements, etc.). All change orders are subject to mutual agreement of both parties and shall be -Il- evidenced in writing. Any change order which causes an increase or decrease in the CONTRACTOR's cost, fee, or time shall require an appropriate adjustment and modification (amendment) to this contract. Ail documents generated and submitted by the CONTRACTOR to the COUNTY under this contract shall become the sole property of the COUNTY and may be used by the COUNTY at its sole discretion. However, the COUNTY's use of such materials developed by the CONTRACTOR under this contract' on projects, or .extension of projects, which are not directly related to the CONTRACTOR's services under a task assignment covered by this contract, shall be at the COUNTY's risk. The CONTRACTOR warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the CONTRACTOR, to solicit or secure this agreement and that he has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the CONTRACTOR, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this agreement. For the breach or violation of this provision, the COUNTY shall have the right to terminate this agreement without liability and, at its discretion, to deduct from the contract price, or otherwise recover, the full amount of such fee, commission, percentage, gift, or'consideration. ae Be SECTION XI - TERMINATION This contract may be terminated in whole or in part in writing by either party in the event of substantial failure by the other party to fulfill its obligations under this contract through no fault of the terminating party, provided that no termination may be effected unless the other party is given: l) not less than ten (10) calendar days written notice (delivered by Certified Mail, Return Receipt Requested) of intent to terminate; 2) aM-opportunity for consultation with the terminating party prior to termination; and 3) a reasonable opportunity to remedy the failure. This contract may be terminated in whole or in part in writing by the COUNTY for its convenience, provided that the CONTRACTOR 'is given: 1) not less than ten (10) calendar days written notice (delivered by Certified Mail, Return Receipt Requested) of intent to terminate; 2) an opportunity for consultation with the terminating party prior to termination. -12- Ce If termination for default is effected by the COUNTY, an equitable adjustment in the price provided for in this contract shall be made, but 1) no amount shall be allowed for anticipated profit on unperformed services or other work; and 2) any payment due to the CONTRACTOR at the time of the termination may be adjusted to cover any reasonable additional costs to the COUNTY because of the CONTRACTOR's default. If termination for default is effected by the CONTRACTOR, or if termination for convenience is effected by the COUNTY, the equitable adjustment shall include a reasonable profit for services or other work performed. The equitable adjustment for any termination shall provide for payment to the CONTRACTOR for services rendered and expenses incurred prior to the termination, in addition to termination, settlement costs reasonably incurred by the CONTRACTOR relating to commitments which had become firm prior to the termination. De Upon receipt of a termination action under paragraphs A or B above, the CONTRACTOR shall: 1) promptly discontinue all affected work (unless the notice directs otherwise); and 2) deliver or otherwise make immediately available to the COUNTY all data, drawings, specifications, reports, estimates, summaries and such other information an~-materials as may have been prepared or accumulated by the CONTRACTOR in performing this contract, both completed and in process. Zo Upon termination under paragraphs A or B above, the COUNTY may take over the work or may award another party a contract to complete the work. If, after termination for failure of the CONTRACTOR to fulfill contractual obligations, it is determined that the CONTRACTOR had not failed to fulfill contractual obligations, the termination shall be deemed to have been for the convenience of the COUNTY. In such event, adjustment of the contract price shall be made as provided in paragraph C of this section. SECTION XII - LIOUIDATED D~MAG~S TIME IS OF THE ESSENCE FOR THE COMPLETION OF THE WORK TO BE PERFORMED. In the event that any CONTRACTOR fails to complete any task assignment on a timely basis, the COUNTY will suffer financial loss. Accordingly, the COUNTY reserves the right to assess as liquidated damages, but not as a penalty, an amount not less than the value of the task assignment divided by the number of calendar days agreed upon for each task. Said amount shall be assessed for each calendar day thereafter until the task assignment has been completed by the Contractor and accepted by the COUNTY. -13- SECTION XIII - SUSPENS~0N OF WORK ae The COUNTY may order ~he CONTRACTOR in writing to suspend, delay, or interrupt all or any part of the work for such period of time as the COUNTY may determine to be appropriate for the convenience of the COUNTY. If the performance of all or any part of the work is suspended, delayed or interrupted for an unreasonable period of time by an act of the COUNTY in administration of a task assignment,- or by the COUNTY's failure to act within a reasonable time, the COUNTY shall make an adjustment for any increase in the cost of performance of a task assignment (excluding profit) necessarily caused by'such unreasonable suspension, delay or interruption and modify the task assignment. However no adjustment shall be made under this clause for any suspension, delay or interruption to the extent: That performance would have been so suspended, delayed or interrupted by any other cause, including the fault or negligence of the CONTRACTOR; or For which an equitable adjustment is pmovided or excluded under any other provision of this contract. Ce The COUNTY shall make payment to the CONTRACTOR of any retainage withheld on a task assignment provided the CONTRACTOR submits an invoice for such retainage. Payment shall be made in accordance with Section VIII - PAYMENTS. No retainage payment shall be made to the CONTRACTOR if the suspension, delay or interruption is due to the fault or negligence of the CONTRACTOR. SECTION XIV - CONFLICT OF INTEREST The State or County may seek recovery of the costs of cleanup of specific sites from any and all responsible parties, and must anticipate the possibility of litigation. In order to avoid a conflict-of-interest, or the appearance of a conflict-of-interest, the County requires that the CONTRACTOR notify the COUNTY in writing within five (5) working days of the CONTRACTOR's discovery of a potential conflict-of-interest and make such continuing disclosure throughout the term of the contract, any present or anticipated contractual or other business relationship between the CONTRACTOR, or any subcontractor of the CONTRACTOR, and any of the persons or entities who are, or may be, responsible for that site. The COUNTY agrees to notify the CONTRACTOR of all potentially responsible parties for a site when such information becomes known to the COUNTY. The COUNTY shall notify the CONTRACTOR within ten (10) days of receipt of such notification whether or not it deems a conflict-of-interest to exist. -14 - For the purposes of this section, a CONTRACTOR or CONTRACTOR's subcontractor may be deemed to have had a business relationship with one of the potentially responsible parties if it has had such a relationship with a parent or subsidiary, a predecessor or a successor of such party, or if it has been engaged by independent legal representatives on behalf of any such parties, as so defined. A full,disclosure shall include a description of the action that the CONTRACTOR has taken or proposes to take to avoid or to mitigate such conflicts-of-interest. The COUNTY may terminate the contract if the COUNTY deems such termination to be in the best interest of the COUNTY, or may terminate the CONTRACTOR's assignment to a particular site or sites based upon its assessment of a potential conflict-of-interest. SECTION XV - INSURANCE The CONTRACTOR shall maintain during the life of the contract, Professional Liability Insurance, Comprehensive General and Comprehensive Automobile Liability Insurance as shall protect it from claims for damage for personnel injury, including accidental death, as well as claims for property damage which may arise from operating under this contract whetha/, such operations are by the CONTRACTOR or by anyone employed by the CONTRACTOR, and the amount of such insurance shall, at a minimum, meet the following limits: A® Comprehensive General biabilitv: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. Be Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. Ce Workers' Compensation: Insurance covering all employees meeting Statutory Limits in cempliance with the applicable state and federal laws. The coverage must include Employers Liability with a minimum limit of $1,000,000 for each accident. D. ~rofessiona~ Liability: Coverage of $1,000,000. Special Requirements: The CONTRACTOR shall insure that all subcontractors comply with the same insurance requirements that he is -15- required to meet. The same CONTRACTOR shall provide County with certificates of insurance meeting the required insurance provisions. The insurance certificate must state the RFP Number and Title. Collier County and the State of Florida shall be included as' an Additional Insured on both the Comprehensive General Liability and Business Auto Liability Policies and so noted on the Insurance Certificates. The Insurance Certificates shall also state the following: "These coverages are primary to all other-coverages the County possesses for this contract only". Collier County Board of County Commissioners shall be named as the Certificate Holder. NOTE--The "Certificate Holder" shall read as follows: Collier County Board of County Commissioners Naples, FL No County Division, Department, or individual name shall appear on the Certificate. No other f~mat will be acceptable. 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 not less than 30 days prior to any expiration date. There shall be a 30 day advance notification to the COUNTY in the event of cancellation or modification of any stipulated insurance coverage. Such insurance shall not be canceled by the CONTRACTOR unless the CONTRACTOR gives the COUNTY thirty (30) days notice. If the insurer cancels such insurance, the CONTRACTOR must notify the CO~4TY within five (5) days of the CONTRACTOR's notification from its insurance company. The COUNTY reserves the right to require the CONTRACTOR to include a site owner/operator and its employees or necessary off-site persons when access to a site is required for petroleum cleanup, as additional insureds on the CONTRACTOR,s insurance policies. The COUNTY shall reimburse the CONTRACTOR for any additional premium required for inclusion of an off-site person on the CONTRACTOR,S insurance policies. The COUNTY reserves the right to increase the minimum required insurance coverage if such increase would be in the best interest of the State of Florida and/or the COUNTY. -16- SECTION XVI INDEMNIFICATION The CONTRACTOR, in consideration of Ten Dollars ($10.00), the receipt ~nd 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, any Subcontractor, or anyone directly or indirectly employed by any of them. The CONTRACTOR'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'S limit of, or lack of insurance protection. The first Ten Dollars ($10.00) of money received on the contract price is payment of this obligation by the COUNTY. Except as specified above, loss or damage due exclusively to the acts or omissions of an employee or employees of one of the parties, or exclusively to the failure of or defect in the equipment of one of the parties, shall be borne solely by the party whose employee(s) or equipment so caused such loss or damage. Loss or damage due to the concurring acts or omissions of both parties, or the acts or omissions of a person or persons not a party to this agreement shall be borne by each of the parties as to its own employees and property in the percentages as it shall be legally determined that each contributed to the loss or damage. Upon payment in full to the CONTRACTOR for service performed hereunder, the CONTRACTOR agrees to hold the COUNTY harmless with respect to claims by third persons for payment for labor, materials, and equipment used by the CONTRACTOR in connection with CONTRACTOR's performance of such services. SECTION XVII - FORCE MAJEURE If a force majeure event occurs which causes delay or the reasonable likelihood of delay in the achievement of the requirements of this contract, the CONTRACTOR shall promptly notify the COUNTY verbally and shall, within seven calendar days, notify the COUNTY in writing of the anticipated length and cause of the delay, the measures taken or to be taken to minimize the delay, and the timetable by which the CONTRACTOR intends to implement these measures. If the parties can agree that the delay or anticipated delay has been or will be caused by a force majeure event, time for performance under this contract shall beextended for a period equal to the delay resulting from the force majeure event. For such an extension to be effective such agreement must be confirmed by letter from the COUNTY accepting -17- or, if necessary, modifying the extension request. A force majeure event shall be an act of God, a strike, lockout, or other industrial disturbance not involving the CONTRACTOR, act of the public enemy, war, blockade, public riot, lightning, fire, flood, explosion, failure to receive timely necessary governmental or third party approvals, governmental restraint, and any other cause, whether of the kind specifically enumerated herein or otherwise, which is not reasonably within the control of the CONTRACTOR.~ In the event that the CONTRACTOR'S work is interrupted due to a force majeure event, the CONTRACTOR shall be equitably compensated for reasonable costs associated with maintaining its work force and equipment availability during the interruption, or at the option of the COUNTY, for such similar charges that are incurred by the CONTRACTOR for demobilization and subsequent remobilization. In no event shall the CONTRACTOR be required to maintain a field force in standby status in the field for a period in excess of five (5) calendar days. SECTION XVIII THIS AGREEMENT shall be administered on behalf of the COUNTY b~ the Pollution Control Department. SECTION XIX - COMPONENT PARTS OF THIS CONTRACT This Contract .consists of the attached component parts, all of which are as fully a part of contract as if herein set out verbatim: Insurance Certificates, Performance Bond(s), Exhibits I, II, III, IV and RFP #95-2380, and attachments. SECTION XX IT IS FURTHER UNDERSTOOD AND AGREED, by and between the parties herein that this Agreement is subject to annual budget appropriation by the Board of County Commissioners. SECTION XXI - CHOICE OF LAW/FORUM '" The parties hereby agree that any and all actions or disputes arising out of this contract shall be governed by the laws of the State of Florida; and any such actions shall be brought in Collier County, Florida. C SECTION XXII - ENTIRE AGREEMENT It is.hereby understood and agreed that this contract states the entire agreement and that the parties are not bound by any stipulations, representations, agreements or promises, oral or otherwise, not printed in this contract. IN WITNESS WHEREOF, the CONTRACTOR and the COUNTY, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on duplicate originals of this. Agreement on the date and year first above written. ~. 9WD~HT ~.~ B~Qc~;/cle~k'- ': (SEAL) ... BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ~/_JOHN C. NORRIS .., chairman witness9 Signature of- Corporate officer Typed signat, ur.e-and title CORPORATE SEAL (corporations only) Approved as to form and legal sufficiency: Thomas C. Palmer Assistant .county Attorney -19- STATE OF FLORIDA COUNTY OF COLLIER Before me, the undersigned authority, this day personally appeared Michael Nardone and to me well known and known to me to be Vice-President and respectively, of the Corporation named in the foregoing Agreement, and each severally acknowledged to and before me that they executed such .Agreement. on behalf of and in the name of said corporation as such officers; that the seal affixed to said Agreement is the corporate seal of said corporation and that it was affixed thereto by due and regular corporate authority; and they are duly authorized by said corporation to execute this agreement and that this Agreement is the free act and deed of said corporation. IN.W~TNESS WHEREOF, I have hereunto.~set ~y hand and affixed my official seal this ../~<x day of ~/'/~3 , A.D. 1996. My Commission Expires: Notary Public GGY/jh6186 -20- 4.1i AGREEMENT TO EXTEND AGREEMENT FOK CLEANUP OF CONTAMINATION SITES WHEREAS, on May 07, 1996, Collier County ("COUNTY") entered into a 19 page Agreement ("the Agreement") with Professional Services Industries, a corporation, ("CONTRACTOR") for the Corporation to provide specified support services in connection with the clean up of' contaminated sites; and WHEREAS, SECTION V of the Agreement provides that the COUNTY has the right to renew the Agreement "for a period of one year [from May 07, 1999 to May 07, 2000] or until such time as all outstanding Assignments issued prior to [May 07, 2000] have been completed; and WHEREAS, tile above-specified contract extension must be in writing signed by the COUNTY and the CONTRACTOR; and WHEREAS, tile COUNTY desires to extend the Agreement until May 07, 1999 or until all Assignments issued by COUNTY to CONTRACTOR prior to May 07, 2000 have been completed, whichever occurs last. NOW, THEREFORE, THE COUNTY AND THE CONTRACTOR hereby agree as follows: 1. Tile Agreement is hereby extended until May 07, 2000 or until all Assignments issued by the COUNTY to CONTRACTOR prior to May 07, 2000 have been completed, whichever occurs last. 2. All other provision ofthe Agreement remain the same. ATTEST: ' BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA '-'~W'IGH'T E. BROCK,'gLERK BAR~RA B. BE~, C~ Date:~/4,/~ ~ ~a~ture onlj, ¢ Witness 16A ~.P"' ~//~ IL,/' '~ '-Ul (~,. s.~ $i~urc of~ 'Co"rl~oratc 0 fficc[ Scott $, Cranda'l'l~ PE, Vice President. Typed name and title of Corporatc Officer Approved as to Form and Legal Sufficicncy Thomas C. Palmer Assistant County Attorney COLLIER COUNTY BOARD OF COUNTY COM~ISSIONERS AGREEMENT FOR CLEANUP OF CONTamINATION SITES T~IS AGREEMENT, made and entered into this day of _, 1996, by and between the Board of County Commission~rs, Collier County, Florida, a political subdivision of the State of Florida, hereinafter called the COUNTY, and Professional Service IBdustrie$ , duly authorized to conduct business in the State of Florida hereinafter called the CONTRACTOR; , WITNES$ ETH WHEREAS, the COUNTY desires to obtain support services of said CONTRACTOR in connection with its contamination site cleanup program; and Wq~EREAS, the CONTRACTOR has reviewed the services required by the COUNTy pursuant to RFP f95-2380 and is agreeable to and desirous, capable, and qualified to perform and provide all such services in accordance with the provisions conditions and terms hereinafter set forth; and ' , W~EREAS, the parties agree that selection an~ contractual engagement of the CONTRACTOR has been made by the COUNTY in accordance with the provisions of the Consultants, Competitive Negotiation Act, Chapter 287. 055, Florida Statutes, as applicable, and in accordance with the COUNTY,S policy on competitive selection procedures. NOW, THEREFORE, in consideration of the mutual covenants, terms, and provisions contained herein, the parties hereto agree that with the mutual acceptance of this Agreement, as evidenced hereinafter by joint execution of this Agreement, that a contract shall exist between both parties consisting of the covenants, terms, and provisions agreed to as follows: The COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, (COUNTY)- hereby retaihs the CONTRACTOR to provide environmental mon {toting, response, and cleanup/remediation services as outlined in BCC Solicitation No. RFP J95-2380, and CONTRACTOR,s response thereto, incorporated herein by reference. Any terms a,:.d ..'.:..ditions of this contract which vary from those contained in the Solicitation or CONTRACTOR,s response shall have precedence. Activities associated with site cleanup will be performed in accordance with the provisions of Chapters 62-770, 62-771 and 62-775, Florida Administrative Code (F.A.C.) , Petroleum Contamination Cleanup Criteria Rule, Petroleum Contamination Site Priority Ranking Rule and Soil Thermal Treatment Facilities Rule, respectively. SECTION ~ SCOPE OF SERVICES The CONTRACTOR shall provide petroleum and contaminati cleanup services, on a task assignment basis, a copy of the Assignment Form and Task Assignment Change Order are att hereto and made a part hereof, as Exhibits ! and II, whic include any or all of the following described work elements: A. Quality Assurance ;ite may Prior to receiving any site task assignments, the CONTRACTOR shall provide a copy of its approved Comprehensive Quality Assurance Plan (Comp QAP) from the Florida Department of Environmental Protection (FDEP) Quality Assurance Section. The Comp QAP must comply with the FD£P's Manual for Preparing Quality Assurance Plans, DEP QA-001/90. Safety Ce The CONTRACTOR and its subcontractors shall comply with OSHA Regulation 29 CFR Part 1910, including preparation of a site-specific safety plan for each project. Contamination Assessment Plan (CAP) and Initial Remedial Actions (IRA) The COUNTY may assign a site or group of sites to the CONTRACTOR, and make available to the CONTRACTOR all information known about the site(s). For each site, the COUNTY will request a cost estimate and work proposal. The CONTRACTOR will conduct an initial site visit and prepare a CAP which outlines the CONTRACTOR,s approach' to a contamination assessment which meets the requirements of Chapter 62-770, F.A.C. The CAP must include a site-specific safety plan and may include IRA recommendations such as free product or soil removal. D. Contamination Assessment Upon approval of the CAP by the COUNTY, the COUNTY may assign the CONTRACTOR to conduct the investigation and submit a Contamination Assessment Report (CAR). Remedial Action Plan (RAP) Upon approval of the CAR by the COUNTY, the CObT;Ty may assign the CONTRACTOR to develop a RAp designed to clean up the site to the Site Remediation Levels (SRL's) specified in Chapter 62-770, F.A.C. In some cases, the COUNTy may direct the CONTRACTOR to develop an alternate SRL for a site by performing a risk assessment in accordance with Chapter 62-770, F.A.C. and the FDEP's Risk Assessment Guidelines for Non-Superfund Sites. The RAP will include plans and specifications and b kup calculations which demonstrate the rationale for the s' ;tem design. F. Remedial Action Upon approval of the plan, the COUNTY may assign the CONTRACTOR to implement the RAP. This shall include obtaining price quotes from Vendors and subcontractors, recommending purchases and awards, overseeing construction, supervising system startup, and performing operation and maintenance of the system. Other responsibilities of the CONTRACTOR during assessment and remedial action include acquiring all necessary permits and inspections, securing site access and obtaining easements, ensuring compliance ~ith all additional environmental regulations and providing community relations support to the COUNTY. Other Cleanup and Environmental Response Activities Upon approval by the County, task assignments may be given for other environmental monitoring, response, and cleanup/remediation activities including, but not limited to, Contamination Assessments, Remedial Action Plans, Alternative/Remedial Actions, and other associated activities. All tasks should be conducted by the contractor within all the applicable Local State and Federal laws and rules. , In the event services are required to be performed that are not set out above, but are within the general scope of services, the CO~4TY and the CONTRACTOR hereby reserve the right to negotiate proposed task assignments covering the required services. Notwithstanding any other provision of this contract, the CONTRACTOR may, at its sole discretion, elect not to participate in a proposed task assignment. Such election shall not preclude the CONTRACTOR from participating in other proposed task assignments the COUNTY may request. The CONTRACTOR shall notify the CO~TY verbally, with confirmation in writing, within five (5) working days of receipt of a proposed task assignment of the CONTRACTOR,s decision not to participate in a proposed task assignment. There is no work guaranteed as a result of this contract. Any and all work will be at the discretion of the COUNTY. The COUNTY reserves the right to assign different phases of work on a specific site to different CONTRACTORS. In such cases, the CONTRACTOR,s liability for accepting and using work done by previous CONTRACTORs will be negotiated on a site-specific basis. -3- SECTION II - GENERAL RESPONSIB~L!TIES OF THE CONTPACTOg The CONTP~CTOR is responsible for the professional quality, technical accuracy, timely completion and coordination of all designs, drawings, specifications, reports, other services and installations furnished by the CONTRACTOR under this contract. The CONTRACTOR is responsible for all phases of assessment and cleanup as well as liability for damage suffered by the COUNTY for non-performance. In the event of damages to the COUNTY for CONTRACTOR,S non-performance of site cleanup, Section XV shall be reviewed for its applicability. The CONTRACTOR shall without additional compensation correct or revise any errors, omissions or other deficiencies in its designs, drawings, specifications, reports, other services and installations, which exist at the time of inspection for acceptance by the COUNTY and do not conform to the following stanJard of care: The CONTRACTOR represents that its services and installations shall be performed, within the limits prescribed by the COb~'TY, in a manner consistent with that level of care and skill ordinarily exercised by other professional consultants under similar circumstances at the time the services are performed. The COUNTY reserves the right to unilaterally cancel this contract for refusal by the CONTRACTOR to allow public access to all documents, papers, letters or other materials subject to the provisions of Chapter 119, Florida Statutes, and made or received by the CONTRACTOR in relation to this contract. The CONTRACTOR shall establish procedures for the determination and separate maintenance of confidential information, if any, not subject to the public and the County,s disclosure provisions of Chapter 119, Florida Statutes, and shall afford complete access to such information to the CO~TY for a determination of confident~alit? if requested by the COUNTY. - SECTION II - G~ERAL RESPONSIBILITIES OF THE CO~4Ty The COUNTY shall obtain site access for the CONTRACTOR, its employees, agents and subcontractors, for the purpose of providing the services, only after the CONTRACTOR has demonstrated a good-faith effort to do so and has failed. The COUNTY recognizes that, consistent with the standard of care provision, the use of investigative equipment and practices may unavoidably alter the existing site conditions and affect the environment in the geographic area being studied. -4- The CONTRACTOR shall not be regarded or required to be a generator, transporter, treater, storer or disposer of hazardous waste or substances (as defined by Sections 403.703(21) and (29), Florida Statutes) which are present on and excavated from an assigned site pursuant to this contract. If required by the COUNTY, the CONTRACTOR shall employ the services of licensed or certified subcontractors, for the transportation, treatment, storage or disposal of said hazardous waste or substances. The CONTRACTOR will be considered a transporter, treater, storer or disposer of said hazardous waste or substances, if it undertakes directly to transport, treat, store, or dispose (as defined by Section 403.703, Florida Statutes and FDEP rules promulgated thereunder) of hazardous waste or substances generated from an assigned site. Prior to the commencement of the services and thereafter, the COUNTY project personnel shall notify the CONTRACTOR of any known health or safety hazard or condition existing on or near the project site. If hazardous substances or conditions are discovered during the performance of the services that are different in type, amount or concentration from those disclosed to the CONTRACTOR prior to commencement of the services, then, upon notification, the CObT~Ty and the CONTRACTOR shall seek to determine the equitable adjustment (if any) to be zade to the task assignment. If the parties are unable to agree, the task assignment shall be terminated in accordance with the termination for convenience provision of this contract. The COMITY shall compensate the CONTRACTOR for any reasonable emergency measures necessary for health and safety. The CONTRACTOR recognizes that hazardous substances and other safety hazards or conditions are likely to be encountered in work performed under this contract and acknowledges responsibility for the safety of the CONTRACTOR,s personnel and others under its direction. The COUNTY shall furnish to the CONTRACTOR plans, if any, in the possession of CO~TY project personnel showing the location of underground structures, such as pipes, tanks, cables and utilities. The CONTRACTOR shall be obligated to investigate the location., of such underground structures in accordance with reasonable standard of care. The COUNTY shall give the CONTRACTOR written notice within ten (10) working days of discovery of any suspected deficiency in the services. The COUNTY shall provide required approvals and decisions in accordance with the requirements of Chapter 62-770, F.A.C., unless another schedule, which would require more frequent approvals and decisions by the COUNTY is established by a given task assignment. ' -5- SgCTION IV - R£PORT~ Delivery of a task final report may include a technical presentation at the COUNTY in Naples. A final report shall be delivered in accordance with requirements to specific task assignments. SE~'TION V - TERM OF AGREEMEN~ This contract is effective on the date of execution and shall remain in effect until three~yearl~from-~h~&~date~of.~execution, by which date all requirements';.-~ncldding final reports, shall have been completed. Section VIII of this agreement will be subject to renegot~at~on for one year beginning on September 30, 1996. It is solely the responsibility of the CONTRACTOR to initiate any renegotiation of rates 60 days prior to September 30, 1996. Failure to initiate a renegot~ation of rates prior to the date established shall result in the continuation of the rates contained in the contract. The COUNTY reserves the right to terminate negotiations and continue work to complete assignments as specified in the paragraph below under existing rates, or terminate the contract if agreement is not reached by the last day of the renegotiation period. The CO~4TY reserves the right to renew this contract for a period of one year or until such time as all outstanding Assignments issued prior to expiration of the one year period have been completed based on the continued satisfactory performance of the CONTRACTOR and the availability of funds to support the renewal. If the COUNTY exercises a renewal option with the CONTRACTOR, the established contract ceiling amount may be raised at the rate of available funds for the renewal period. Each renewal shall be agreed in writing by both parties and approved, upon recommendation of staff, by the Board of County Commissioners. S_~ECTION VI - SUBLETTIN~ The CONTRACTOR shall not sublet, assign or.transfer any work under this contract without the prior written consent of the COUNTY. Any such attempt shall be void. The COUNTY may require documentation of receipt of multiple quotes as well as approving subcontractor documents. The CONTRACTOR agrees to be responsible for the fulfillment, of all work elements included in the subcontracts and agrees to be responsible for payment of all monies due under all subcontracts. SECT~ V~I - ¢0MPENSATiO}! For satisfactory performance, the COUNTY agrees to compensate the CONTRACTOR on either a fixed price or cost reimbursement -6- b%sis. It is hereby understood and agreed that the sum total of all compensation under this contract shall not exceed $1,000,0~0 for each County fiscal year during the contract term. In no event shall the CONTRACTOR continue to perform services once the authorized compensation under this contract is reached. It is the CONTRACTOR's responsibility to know when the authorized cOmpensation is reached. On those task assignments or portions thereof, in which the CONTRACTOR is to be compensated on the basis of cost plus a fixed fee, the CONTRACTOR shall notify the COUNTY when the CONTRACTOR believes that the service cannot be completed for the estimated cost established for the task assignment. In such event and after a review of the explanation provided to the COUNTY, the COUNTY and the CONTRACTOR shall attempt to mutually agree upon the extent to which (1) the Scope of Services shall be adjusted so that the task assignment may be completed for the estizated cost or (2) the estimated cost shall be increased in order to complete the task assignment, or (3) the task assignment shall be completed at the original estimated cost. In no event, however, shall the CONTRACTOR continue to provide services once the estimated cost for the task assignment has been reached. It is further understood and agreed that the CONTk~CTOR shall not commence work on any task assignment that may exceed the balance of the contract until notice is received of an increase in funding. The COUNTY's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Board or continuation of other funding presently anticipated based on available funds from FDEP without liability for anticipated profits for unfinished work. SECTION VIII - PA~?(.ENTS The CONTRACTOR shall submit itemized invoices in accordance with the authorized budget categories listed below for each task assignment, or shall submit invoices accompanied by an executed copy of the task assignment no%'ification form and spreadsheet evidencing a fixed price. The COUNTY Finance Director requires and CONTRACTOR shall provide at no cost to the COUNTY detailed supporting documentation of all costs under a cost reimbursement contract. Invoices shall be accompanied by supporting documentation and other requirements as follows: Contractor rates are attached as Exhibit IV and will range from the low of negotiated rates to a high of the median FDEP Preapproval rates. Minimum, maximum, and average rates are included for reference only. -7- Ce 16 ^ .+ $~laries/Waqes fDirect ~aborl - List personnel involved (by name and personnel category), salary rates and hours/time spent on individual project tasks as defined in the work plan· ye ad e Ge a 9_~ - All multipliers :sed (i.e., fringe benefits, overhead and/or general and administrative rates, included along with fee at line 3, Exhibit III, shall be documented/listed and supported by audit certified by CPA. If the COUNTY determines that multipliers charged by the CONTRACTOR exceeded the rates supported by audit, the CONTRACTOR shall be required to reimburse such funds to the COb~TY within 30 days of written notification. Interest on the excessive charges shall be calculated based on the prevailing rate used by the COUNTY. 1. Frinqe Benefits - Shall be calculated pursuant to FDEP and COD~TY guidelines. 2. Overhead - Shall be calculated pursuant to FDEP and COUNTY guidelines. general and Administrative _ Shall pursuant to FDEP and COUNTY guidelines. be calculated ~;one of the above multipliers will overlap with each other. Subcontract~ - All subcontractor invoices under a cost reimbursement task assignment shall be accompanied by supporting documentation in detail equivalent to that required of the prime CONTRACTOR. The COUNTY acknowledges that some subcontracted services will be based on reimbursement categories and units of measure that differ from those indicated for the prime CONTP~ACTOR. The appropriate units of measure for the service provided must ke documented under a cost reimbursement contract (i.e., travel reimbursements will be authorized in accordance with the travel requirements of the prime CONTRACTOR; drilling subcontracts ~y be based on a per foot or per well cost; laboratory subcontractors will be based on a per sample per analysis cost; expense items needed which are not included in the per unit price must be supported by appropriate receipts equivalent to that required of the prime CONTRACTOR). In the event a fixed price is negotiated with the subcontractor, an invoice supported by documentation of the work performed will be sufficient. -8- All Jubccntractor m~Itip:ler~ used (i.e,, fringe cver?.ead, and/of 9er. eral and ad=Jniet~tivm rates) ~hall ~upported by audit, If th~ CO~TY dete~lnes that subcontrac%or/contrac~ adn~nistratfon cost/fee~ on a tank assignment ba~s. D. Trav.m~ - Travel ~ ~nc~uded ~n the p~rcentagm ~n Other D~recb Costs, E~b~b Z~I, l~ne 7. Any othe ~r d~,a which are not c~aJme~ '. ..... r trove} ~Xpen~es and ~tate of - ~ .A '''' u~ne .T, must bo docu- ~ Or. her , ...... Florid} .rs.el Voucher %':th ,~--~--,- -an.yd by jn ~ccorcance with Sect~o, ~, ~.. . /~f,~p=~ate race,pis ~---~-=u atate employees. E. ~'o~Dmg~ - E~J~pr, ent usage rental Tares ~pp!y to uca in the field only and do not a~ly %o transportation . The rental rates charged for equip~.ent u~ge shall ~e ~nvo~ceJ the COb~Ty in the ~ost f{';or~b]e %eras (i.e.,the sun of the hourly rental rate for a given day shall not e~ceed %he daily rental rate; the sum of %he dai~y rental rate for up to a seven (7) day peri~ shall not exceed the 'weekly r~ntal rata; the ~ua of the weekly rental rate for up to a four (4) period shall not exceed the monthly remtal rate). - F. Othe~~%es IQ%her D~~~. e.g., overhead or general and a~v,~ni st rat ivm costs, must docur, ehted by ite.~iz~ng and ~nc:uJ~ng copies of rea~!pt~ cr i nvcicem. assi~rj~nts un.~er thi~ contract shall ke awarded on a task as~igr~ent basis not to exceed ~ of total kate labor and project management cost. (Included In Exhibit III lire 3) ~3~ain~9 - Th~'COb~ry reserves the right to e~tablt~h the bas~s. A maxim~ of 10% from each Pa~,ent %o the may be retained Pending satisfactory CO:pletion of a task ams~gn:ent and approval of all deli%'~rables. The review for approval of the final d,l~Verable(s) will completed W~thin sixty (60) days of receipt. The re.~ost for pa~ent of retaina~e will ke Included on the final (-. , for each task asstgn:ent. The final invoice for ~ch ass~gr~en: wi]! be submitted after approval of the f~nal de liverable ($) . . . -9- I. Laboratovy Analyses - Maximum analytical turnaround time shall be four weeks. The cost for performing sample analyses, blanks, and duplicates shall be charged in accordance with the rates contained in Exhibit _IV attached hereto and made a part hereof. J. ~ealth and Safe~ - Health and safety equipment and supplies for in field personnel protection shall be charged in accordance with the rates contained in Exhibit IV attached hereto and made a part hereof, and treated as -equipment identified in paragraph E, above. K. Recovered Products - The CONTRACTOR shall actively seek vendors to market petroleum by-products recovered from petroleum contaminated sites. 'The proceeds from the sale of petroleum and petroleum products recovered during the remediation of a petroleum contamination site shall be credited to the COUNTY and supported by appropriate receipts. L. ~urchase of Equipment/NoD_Expendable SuDDlie~ - Reimbursement for the purchase of equipment/nonexpendable supplies is subject to specific approval by the CO~TY. Such equipment/non-expendable supplies shall remain the property of the COUNTY and must be returned upon task comp!erich. Charges for services or expenses, including services and expenses of subcontractors, directly identifiable to a task assignment which are not included in the payment schedules attached to this contract, shall be compensated at rates mutually acceptable to the COUNTY and the CONTRACTOR, and shall be evidenced by an executed task assignment. In the event the COUNTY determines that such rates should become part of the rate schedule attached to this contract, the COUNTY shall initiate a change order evidencing the rates mutually agreed to by both parties. The COb~TY shall pay each invoice in accordance with the requirements of Section 218.70, F.S., as applicable. If the COUNTY objects to all or any portion of .any invoice, the COUNTY shall notify the CONTRACTOR of the objection within fifteen (15) days from receipt of the invoice, give reasons for the objection, and pay that portion of the invoice not in dispute in accordance with County and/or State of Florida payment procedures. Upon such notification of disputed charges, the COUNTY and the CONTRACTOR shall use their best efforts to resolve the disputed charges within forty-five (45) days from date of notification. Fixed price task assignments shall be invoiced on the basis of task completion or a schedule of deliverables, if appropriate, and shall not require supporting documentation as defined above for cost reimbursement task assignments. -10- The COUNTY shall pay all satisfactory invoices in accordance with Section 218.70, Florida Statutes. Three copies of each invoice, including appropriate backup documentation, shall be submitted to: Department of Pollution Control Office Management Collier County Government Center 3301 E. Tamiami Trail, Bldg. H Naples, FL 33962 O - U : CCES O RECORDS The CONTRACTOR shall maintain books, records, documents and other evidence directly pertinent to performance under this contract in accordance with generally accepted accounting principles and practices consistently applied. The COb~Ty, the State, or their authorized representatives shall have access, without cost, to such records for audit purposes during the term of the contract and for three completion, years following contract Multipliers~ used by the CONTRACTOR or its subcontractors for fringe benefits, overhead, and general and administrative rates may be audited by the COUNTY up to three years after contract termination. If the COb~TY determines that the actual rates are less than the multipliers used, the CONTRACTOR shall be responsible for reimbursing the difference to the COUNTy and, if applicable, recovering such monies from its subcontractors. ~ECTION ~ MANAG EMEN~ The COUNTY,s Project Manager is G. George Yilmaz, or his designee, telephone number (941) 732-2502. The CONTRACTOR,s Project Manager is ~ana G. Fau]~ner ~ ' ~ , telephone number ~. All matters shall be directed to the Project Managers for appropriate action or disposition. All services shall be.-performe~ by the satisfaction of the County Administrator CONTRACTOR to the or his designated representative, in accordance with the standard of care provision contained in Section II of this contract. The COUNTY may at any time, by written order designated to be a change order, make any change in the work Within the general scope of the contract (e.g., specifications, time method or manner of performance, requirements, etc.). All change orders are subject to mutual agreement of both parties and shall be -11- evidenced in writing. Any change order ~hich causes an increase or decrease in the CONTRACTOR,s cost, fee, or time shall require an appropriate adjustment and modification (amendment) to this contract. All documents generated and submitted by the CONTRACTOR to the COUNTY under this contract shall become the sole property of the COUNTY and may be used by the COUNTY at its sole discretion. However, the COUNTY's use of such materials developed by the CONTRACTOR under this contract on projects, or extension of projects, which are not directly related to the CONTRACTOR,s services under a task assignment covered by this contract, shall be at the COUNTY,s risk. The CONTRACTOR warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the CONTRACTOR, to solicit or secure this agreezent and that he has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the CONTRACTOR, any fee, commission, percentage, gift, or other consideration contingent Upon or resulting from the award or making of this agreement. For the breach or violation of this provision, the COUNTY shall have the right to terminate this agreement without liability and, at its discretion, to deduct from the contract price, or otherwise recover, the full amount of such fee commission gift, or consideration. ' , percentage, S_ECTION XI - TE~MINATIQ~ A. This contract may be terminated in whole or in part in writing by either party in-the event of substantial failure by the other party to fulfill its obligations und?~ this contract through no fault of the terminating party, p. ovided that no termination may be effected unless the other part}, is given: 1) not less than ten (10) calendar days written notice (delivered by Certified Mail, Return Receipt Requested) of intent tQ.terminate; 2) an opportunity for consultation with the terminating party prior to termination; and 3) a reasonable opportunity to remedy the failure. B. This contract may be terminated in whole or in part in writing by the COUNTY for its convenience, provided that the CONTRACTOR is given: 1) not less than ten (10) calendar days written notice (delivered by Certified Mail, Return Receipt Requested) of intent to terminate; 2) an opportunity for consultation with the terminating party prior to termination. -12- C. If termznation for default is effected by the COUNTY, an equitable adjustment in the price provided for in this contract shall be made, but 1) no amount shall be allowed for anticipated profit on unperfoz-med services or other work; and 2) any payment due to the CONTRACTOR at the time of the termination may be adjusted to cover any reasonable additional costs to the COUNTY because of the CONTRACTOR,s default. If termination for default is effected by the CONTRACTOR, or if termination for convenience is effected by theii COUNTY, the equitable adjustment shall include a reasonable profit for services or other work performed. The equitable adjustment for any termination shall provide for Payment to the CONTRACTOR for services rendered and expenses incurred prior to the termination, in addition to termination, settlement costs reasonably incurred by the CONTRACTOR relating to commitments which had become firm prior to the termination. D. Upo~receipt of a termination action under paragraphs A or B above, the CONTRACTOR shall: l) promptly discontinue all affe6ted work (unless the notice directs otherwise); and 2) deliver or otherwise make i~mediately available to the COb~Ty all '~data, drawings, specifications, reports, estimates, suntmaries and such other information and materials as may have~ been prepared or accumulated by the CONTRACTOR in performing this contract, both completed and in process. E. Upon~termination under paragraphs A or B above, the COb~'Ty ~Yc~ke over the work or may award another party a contract ~.plete the work. F. If, after termination for failure of the CONTRACTOR to fulfill contractual obligations, it is determined that the CONTRACTOR had not failed to fulfill contractual obligations, the termination shall be deemed to have been for the convenience of the CO~Ty. In such event, adjustment of the contract price shall be made as provided in paragraph C of this section. O - U ED DA/~AGES '' TIME~'~'S OF THE ESSENCE FOR THE COMPLETION OF THE WORK TO BE PERFORMED~ In the event that any CONTRACTOR fails to complete any task ~: ' {~asslgnment on a timely basis, the COUNTY will suffer financiall loss. Accordingly, the COUNTY reserves the right to assess asI iquidated damages, but not as a penalty, an amount not less than!the value of the task assignment divided by the number of calendar days agreed upon for each task. Said amount shall be assessed for each calendar day thereafter until the task assignment has been completed by the Contractor and accepted by the COUNTY% -13- SECTION XIII - SUSPENSION OF WORK A. COUNTY may order the CONTRACTOR in writing to suspend, delay or interrupt all or any part of the work for such period of time as the COUNTY may determine to be appropriate fo~ the convenience of the COUNTY. B. I he performance of all or any part of the work is suspended, delayed or interrupted for an unreasonable period or, time by an act of the COUNTY in administration of a task as~ignment, or by the COUNTY,s failure to act within a reasonable time, the COUNTY shall make an adjustment for any indrease in the cost of performance of a task assignzent (e~Cluding profit) necessarily caused by such unreasonable suspension, delay or interruption and modify the task as~igrunent. However no adjustment shall be made under this cla%se for any suspension delay or interruption to the ext~nt: ' 1.~' That performance would have been so suspended, delayed or interrupted by any other cause, including the fault or negligence of the CONTRACTOR; or 2. ~' excluded under any other provision of this contract. I For which an equitable adjustment is provided or C. The~COUNTY t~ ~ shall make payment to the CONTRACTOR of any re ~inage withheld on a task assignment provided the CONTRACTOR submits an invoice for such re ' ~sh~a!,.1 be made in accordance with Sect· ..... ~t. alna_ge.. Payment ' ~. vz~ - PAYMENTS. No re~alnage payment shall be made to the suspension, dele or int ~ .... ~: .... CONTRACTOR if the ne li Y e~~un ls due to i gence of the CONTRACTOR. the fault or !le!.: SECTION XIV - CONFLICT OF INTERES'r Th rate or - -- ~, County may seek recover of t . of specific sites from any a ~] ~_~__:~, he costs of cleanu _ nd a. -==pu~-~Aole parties, and mustp anticipa~te the possibility of liti etlon. conflict~of-interest, or ~g_ .. In order to avoid a c°.n .f 1_ ictF°f- interest, the Count,,~'~--: app.e.arance of a ! ; ~=qu~res that the CONTRACTOR notify the COUNTY in writing within five · CONTRACTOR,s discoveru of ......... (5.). working days of the ,. . z ~ puuenulal conflict-of-interest and make suck continuing disclosur.e throughout the term of thm contract~ any present or anticipated contractual or other businesS] relationship between the CONTRACTOR, or an eS_U~b.c.~°.ntF~ct, or of the CONTRACTOR, and an,,-~ ~- Y ~.~_~.l.e~:~wno are, or may be, resmonsib~,~ ~_~ ~ne~ persons or =uum.~-~ ,~.grees to notify the CO~TO~ ~_u,~ u.n.at site. The .responslple parties for a site ..~_-_~-~. oz, all potentially Known t~ the CO~v ~ ....... w~=.n suck information b · . .... -. *ne ~uUN . ecomes within ~n ~1n% ~ ........ TY_ shall notify the COWmo~m~ ~- ~=m~ u con:llct-o~-interest to exist. -~u~ wne=ner or -14- For the purposes of this section, a CONTRACTOR or CONTRACTOR,s subcontractor may be deemed to have had a business relationship with one of the potentially responsible parties if it has had such a relationship with a parent or subsidiary, a predecessor or a successor of such party, or if it has been engaged by independent legal representatives on behalf of any such parties, as so defined. A full disclosure shall include a description of the action that the CONTRACTOR has taken or proposes to take to avoid or to mitigate such conflicts-of-interest. The COUNTY may terminate the contract if the COUNTY deems such termination to be in the best interest of the COUNTY, or may terminate the CONTRACTOR,s assignment to a particular site or sites based upon its assessment of a potential conflict-of-interest. SECTION XV - INSUtL~NC~E The CONTRACTOR shall maintain during the life of the contract, Professional Liability Insurance, Comprehensive General and Comprehensive Automobile Liability Insurance as shall protect it from claims for damage for personnel injury, including accidental death, as well as claims for property daWage which may arise from operating under this contract whether such operations are by the CO~TP~CTOR or by anyone employed by the CONTRACTOR, and the amount of such insurance shall at a minimum, meet the following limits: ' ae C°murehensive General Liabilit!: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. Business Autc Liabi!itv: Coverage shall have minir, um limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicl~g and Employee Non-Ownership. Workers, Comoensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers Liability with a minimum limit of $1,000,000 for each accident. Professional Liability: Special Requirements: Coverage of $1,000,000. The CONTRACTOR shall insure that all subcontractors comply with the same insurance requirements that he is -15- required to meet, The same CONTRACTOR shall provide County with certificates of insurance meeting the required insurance provisions. The insurance certificate must state the RFP Numker and Title. Collier County and the State of Florida shall be included as an Additional Insured on both the Comprehensive General Liability and Business Auto Liability Policies and so noted on the Insurance Certificates. The Insurance Certificates shall also state the following: "These coverages are primary to all other-coverages the County possesses for this contract only". Collier County Board of County Commissioners shall be named as the Certificate Holder. NOTE--The "Certificate Holder. shall read as follows: Collier County Board of County Commissioners Naples, FL No County Division, Department, or individual name shall appear on the Certificate. No other format will he acceptable. - 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 not less than 30 days prior to any expiration date. There shall be a 30 day advance notification to the CO~4Ty in the event of cancellation or modification of any stipulated insurance coverage. Such insurance shall not be cance!~f ~" tho C ........ the CONTRACTOR gives -~- COUNTY thirty (30) days notice, if the insurer cancels such insurance, the CONTRACTOR must notify the COUNTY within five (5) days of the CONT~ICTOR,s notification from its insurance company. The COUNTY reserves the right to require the CONTk%CTOR to include a site owner/operator and its employees or necessary off-site persons when access to a site is required for petroleum cleanup, as additional insureds on the CONTRACTOR,s insurance policies. The CO~4TY shall reimburse the CONTRACTOR for an}' additional premium required for inclusion of an off-site person on the CONTP~CTOR,S insurance policies. The COUNTY reserves the right to increase the minimum required insurance coverage if such increase would be in the best interest of the State of Florida and/or the COUNTY. -16- SECTION XVI INDEMNiFiCATiOn_j The CONTraCTOR, in consideration of Ten Dollars ($10.00), 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, any Subcontractor, or anyone directly or indirectly employed by any of them. The CONTRACTOR,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,S limit of, or lack of insurance protection. The first Ten Dollars ($10.00) of money received on the contract price is payment of this obligation by the COUNTY. Except as specified above, loss or damage due exclusively to the acts or omissions of an employee or employees of cue of the parties, or exclusively to the failure of or defect in the equipment of one of the parties, shall ke borne solely by the party whose er~ployee(s) or equipment so caused such koss or damage. Loss or damage due to the concurring acts or omissions of both parties, or the acts or omissions of a person or persons not a party to this agreement shall be borne by each of the parties as to its own employees and property in the percentages as it shall be legally determined that each contributed to the loss o.r damage. Upon payment in full to the CONTP~ACTOR for service performed hereunder, the CONTRACTOR agrees to hold the COUNTY harmless with respect to claims by third persons for payment for labor, materials, and equipment used by the CO>~TP.%CTOR in connection with CONTkACTOR,s performance of such services. SE____C~ION XVII - FOR~.E MA3EURE If a force majeure event occurs which causes delay or the reasonable likelihood of delay in the achievement of the requirements of this contract, the CONTRACTOR shall promptly notify the COUNTY verbally and shall, within seven calendar days, notify the COUNTY in writing of the anticipated length and cause of the delay, the measures taken or to be taken to minimize the delay, and the timetable by which the CONTRACTOR '-, 1.,-ends to implement these measures. If the parties can agree that the delay or anticipated delay has ~een or will be caused by a force majeure event, time for performance under this contract shall beextended for a period equal to the delay resulting from the force majeure event. For such an extension to be effective such agreement must be confirmed by letter from the COUNTY accepting -17- or, if necessary, modifying the extension request. A force majeure event shall be an act of God, a strike, lockout, or other industrial disturbance not involving the CONTRACTOR, act of the public enemy, war, blockade public riot li h ' , g ~nlng, fire, flood, explosion, failure to receive timely necessary governmental or third party approvals, governmental restraint, and any other cause, whether of the kind specifically enumerated herein or otherwise, which is not reasonably within the control of the CONTRACTOR. In the event that the CONTRACTOR,S work is interrupted due to a force majeure event, the CONTRACTOR shall be equitably compensated for reasonable costs associated with maintaining its work force and equipment availability during the interruption, or at the option of the COUNTY, for such similar charges that are incurred by the CONTRACTOR for demobilization and subsequent remobilization. In no event shall the CONTRACTOR be recuired to maintain a field force in standby status in the =io{~ fc.. period in excess of five (5) calendar days. ~ .... a SECTIOn; XVIiI THIS AGREEMENT shall be administered on behalf of the COUNTY by the Pollution Control Department. SECTION XIX - COMPONENT PARTS OF THIS CONT-' This Contract consists of the attached component parts, all of w ' hlch are as fully a par5 of contract as if herein set out verbatim: Insurance Certificates, Performance Bond(s), Exhibits I, II, III, IV and RFP f95-2380, and attachments. SECTION XX IT IS EURTHER UNDERSTOOD AND AGREED, by and tetWeen the parties herein that this Agreement is subject to annual kud~et apprcpriation by the Board of Count}. Commissioners. SECTION XXI - CHOICE OF LAW FOPUM The parties hereby agree that any and all actions or disputes arising out of this contract shall be governed by the laws of the State of Florida; and any such actions shall Collier County, Florida. - be brought in -18- SECTION XXII - ENTIRE AGREEMENT It is hereby understood and agreed that this contract states the entire agreement and that the parties are not bound by any stipulations, representations, agreements or promises, oral or otherwise, not printed in this contract. IN WITNESS WHEREOF, the CONTRACTOR and the COUNTY, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on duplicate originals of this Agreement on the date and year first above written. ATTEST: ~DWIGHT E. BROCK, C~rk - . ( S E~.L) ' BOARD OF COUNTY COMMiSSiONERS COLLIER COUNTY, FLORIDA HN C. NORRIS , Chairman Witness Professional Service Ind. By: Signature of Corporate / Officer Witne~ CORPORATE SEAL ,) P. ober; L Goehrinq ~ : wi,:e F'~=~ Typed signature and title Approved as to fo legal sufficiency: · Palmer Assistant County Attorney -19- STATE OF FLORIDA COUNTY OF COLLIER Before me, the undersigned authority, this day personally appeared Robert t. Goehring and ---- to me well known and known to me to be Vice President and ---- respectively, of the Corporation named in the foregoing Agreement, and each severally acknowledged to and before me that they executed such Agreement on behalf of and in the name of said corporation as such officers; that the seal affixed to said Agreement is the corporate seal of said corporation and that it was affixed thereto by due and regular corporate authority; and they are duly authorized by said corporation to execute this agreement and that this Agreement is the free act and deed of said corporation. IN WITNESS W-HEREOF, I have hereunto set my hand and affixed my official seal this !~'~ day of >~arck A.D !9c6 ~otary Public -20- II II AGREEMENT TO EXTEND AGREEMENT FOR. CLEANUP OF CONTAMINATION SITES WHEREAS, oll May 07, 1996, Collier County ("COUNTY") entered into a 19 page Agreement ("the Agreement") with OHM Remediation Services Corp., a corporation, ("CONTRACTOR") for tile Corporation to provide specified support se~'ices in connection with tile clean up of contaminated sites; and WHEREAS, SECTION V of the Agreement provides that tile COUNTY has the ri,2ht to renew the Agreement 'Tot a period of one year [from May 07, 1999 to May ~)7, 2000] or until such time as all outstanding Assignments issued prior to [May 07, 2000] have been completed' and WHEREAS, tile above-specified contract extension must be in writing signed by the COUNTY and the CONTRACTOR; and WHEREAS, the COUNTY desires to extend the Agreement until May 07, 1999 or until all Assignments issued by COUNTY to CONTRACTOR prior to May 07, 2000 have been completed, whichever occurs last. NOW, T}IEREFORE, THE COUNTY AND THE CONTRACTOR hercbv agree as follows: I. Tile Agreement is hereby extended until May 07, 2000 or until all Assignments issued by the COUNTY to CONTRACTOR prior to May 07, 2000 have been completed, whichever occurs last. 2. All other provision of tile Agreement remain tile same. ATTEST: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA D 'IW GHT E. BROCK, CLERK .... witt{¢~'s ' Witness By: (L. S.) Si re Gaf.4, 1,. Gardner - \ice President Typed name and title of Corporate Officer Approved as to Form and Legal Sufficiency Assistant County Attorney COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGREEMENT FOR CLEANUP OF CONTAMINATION SITES THIS AGREEMENT, made and entered into this ~ day cf J//~z~z/ / .... , 1996, by and between the Board of Count}' Co~niss~ners, Collier County, Florida, a political subdivision of the ~tate of Florida, hereinafter called the COUNTY, and OHM Remediation Services CorD. , duly authorized to conduct business in the State of Florida, hereinafter called the CONTR~.CTOR; W I T N E S S E T H ~-HEREAS, the COUNTY desires to obtain support services of said CONTRACTOR in connection with its contamination site c!eanuD program; and W-HEREAS, the CONTRACTOR has reviewed the services required by the COUNTY pursuant to RFP #95-2380 and is agreeable tc and desirous, capable, and qualified to perform and provide all such services in accordance with the provisions, conditions and terms hereinafter set forth; and ' W-HEREAS, the parties agree that selection and contractual engagement of the CONTRACTOR has been made by the COUNTY in accordance with the provisions of the Consultants, Compenitive Negotiation Act, Chapter 287 055 Florida Sta~ ~= , · , ~U~s as applicable, and in accordance with the COUNTY'S moiicv cn competitive selection procedures· ' ~ NOW, THEREFORE, in consideration of the mutual covenants, terms, and provisions contained herein, the parties hereto agree that with the mutual acceptance of this Agreement, as evidenced 'herue~af~er--by-~oi-nt--execution-of--this-Agreement~--that--~-~~ shall exist between both parties consisting of the covenants, terms, and provisions agreed to as follows: The COLLIER CO~TY BOARD OF COUNTY COt~MISS%ONERS, (COUNTY) hereby retains the CONTRACTOR to provide-" environzental monitoring, response, and cleanup/remediation services as outlined in BCC Solicitation No. RFP #95-2380, and CONTkACTOR's response thereto, incorporated herein by reference. Any terms and conditions of this contract which vary from those contained in the Solicitation or CO~ITP~CTOR's response shall have precedence. Activities associated with site cleanup will be performed in accordance with the provisions of Chapters 62-770, 62-771 and 62-775, Florida Administrative Code (F.A.C.), Petroleum Contamination 'Cleanup Criteria Rule, Petroleum Contamination Site Priority Ranking Rule and Soil Thermal Treatment Facilities Rule, respectively. -1- The , · ~ CO,~TP~CTO~ shall provide petroleum and contamination site cleanup services, on a task assignment basis, a copy of the Task Assignment Form and Task Assignment Change Order are attached hereto and made a part hereof, as Exhibits I and II, which may include any or all of the following described work elements: A. Quality Assurance Prior to receiving any site task assignments, .the CONTRACTOR shall provide a copy of its approved Comprehensive Quality Assurance Plan (Comp QAP) from the Florida Department of Environmental Protection (FDEP) Quality Assurance Section. The Comp QAP must comply with the FDEP's Manual for Preparing Quality Assurance Plans, DEP QA-001/90. Safety The CONTP~CTOR and its subcontractors shall COmply w/th OSHA Regulation 29 CFR Part 1910, including preparation of site-specific safety plan for each project. ' a C. Contamination Assessment Plan (CAP) and Initial neme.u!al Actions (I.~) - -. The CO~Ty may assign a site or group of sites to the CONTP~CTOR, and make available to the CONT~iCTOR all information known about the site(s). For each site, the CO~Ty will request a cost estimate and work proposal. The CONTP3. CTOR will conduct an initial site visit and prepare a CAP which outlines the CONTk6CTOR,s apprcach to a contamination assessment which meets the requirements of Chapter 62-770, F.A.C. The CAP must include a site-specific safety plan and may include !P~ recor~mendations such as free product or soil removal. D. Contamination Assessment Upon approval of the CAP'by the COUNTY, the COUNTY may assign the CONTP~CTOR to conduct the investigation and submit a Contamination Assessment Report (CAR). E. Remedial Action Plan Upon approval of the CAR by the COUNTY, the COUNTY may assign the CONTRACTOR to develop a PAP designed to clean up the site to the Site Remediation Levels (SRL's) specified in Chapter 62-770, F.A.C. In some cases, the COUNTY may direct the CONTRACTOR to develop an alternate SRL for a site by performing a risk assessment in accordance with Chapter 62-770, F.A.C. and the FDEP,s Risk Assessment Guidelines for Non-Superfund Sites. -2- The RAP will calculations w'hich demonstrate design. include plans and Specifications and backup the rationale for tXe system F. Remedial Action Upon approval of the plan, the COUNTy CONTRACTOR to implement the RAP. This obtaining price quotes from vendors and reco~unending purchases and awards, overseeing construction supervising system startup, and performing- operation and maintenance of the system. · ' Other responsibilities of the CONTRACTOR during assessment and remedial action include acquiring all necessary permits and inspections, securing Site access and obtaining easements, ensuring compliance ~'ith all additional environmental regulations and providing community relations support to the COUNTy. G. Other Cleanup and Environmental ReSponse Activities Upon approval by the County, task assignments may he given for other environmental monitoring, response, and cleanup/remediation activities includingi, o~ut not limited to, Contamination Assessments, Remedial Action Plans, Alternative/Remedial Actions, and other associated activities. All tasks should be Conducted by the ccnYractor within all the applicable Local, State and redera! !a','s and rules. , _ may assign the shall include subcontractors, In the event services are reauired to be performed that are not set out above, but are within' the general scope of SerVices the COUNTY and the CONTRACTOR hereby reserve the · ' negotiate proposed task assicnm~nts COVering the required services. , _ right to . Notwithstanding any other provision of this contract, the CONTkACTOR may, at its sole discretion, elect not to participate in a proposed'task assignmen't. Such election shall not preclude the CONTRACTOR from participating in other prOpOsed task assignments the COUNTY may request. The CONT?ACTOR shall notify the COUNTY verbally, ~ith confirmation in ~.ritin9' ~ithin five (5) Working days of receipt of a proposed task assignment of the CONTP~.CTOR,s decision not to participate in a propesed task assignment. There is no Work guaranteed as a result of this contract. Any and all work will be at the discretion of the COUNTY. The COUNTy reserves the right to assign different phases of work on a specific site to different CONTRACTORS. in such cases, the CC~/TP~C '.' . TOR's liability for accepting and using Work done by previous CONTRACTORs will be negotiated on a site-specific basis. --3-- ~CTION !I - GENERAL RESPONSIBILITIEs OF THE CONTribUTOR The CO~;TRACTOR is responsible for the professional quality, technical accuracy, timely completion and coordination of all designs, drawings, specifications, reports, other services and installations furnished by the CONTRACTOR under this contract. The CONTRACTOR is responsible for all phases of assessment and cleanup as well as liability for damn9e suffered by the COb~TY for non-performance. In the event of damages to the COUNTY for CONTRACTOR,S non-performance of site cleanup, Section XV shall be reviewed for its applicability. The CONTRACTOR shall without additional compensation correct or revise any errors, omissions or other deficiencies in its designs, drawings, specifications, reports, other services and installations, which exist at the time of inspection for acceptance by the CO~Ty and do not conform to the following standard of care: The CONTRACTOR represents that its services and installations shall be performe'd, within the limits prescribed by the COUNTY, in a manner consistent with that level of care and skill ordinarily exercised by other professional consultants under similar circumstances at the time the services are performed. The CO~;Ty reserves the right to unilaterally cancel this contract for refusal by the CONTRACTOR to allow public access to all documents, papers, letters or other materials subject to the provisions of Chapter 119, Florida Statutes, and made or received by the CO~TRACTOR in relation to this contract. The CONTP~CTOR shall establish procedures for the determination and separate maintenance of confidential information, if any, not subject to the public and the County,s discl~osure provisions of Chapter 119, Florida Statutes, and shall afford complete access to such information to the COUNTY for a determination of confidentiality if requested by the COU~;Ty. .. ~_~F-CTIQN I!I - GE~;E?~_~_~.L_!E_S?O~,,~.~iBILiTiES OF THE COU~Ty The COUNT'f shall obtain site access for the CO~:TkACTOR, its e~.ployees, agents and subcontractors, for the purpose of providing the services, only after the COUrT,ACTOR has demonstrated a good-faith effort to do so and has failed. The COUNTY recognizes that, consistent with the standard of care provision, the use of investigative equipment and practices may unavoidably alter the existing site conditions and affect the environment in the geographic area being studied. -4- The CONT?ACTOR shall not be regarded or required to be a generator, transporter, treater, storer or diSpcser of hazardous %'aste or substances (as defined by Sections 403.703(21) and (29), Florida Statutes) which are present on and excavated from an assigned site pursuant to this contract. If required by the COmiTy, the CONTRACTOR shall employ the services of licensed or certified subcontractors, for the transportation, treatment, storage or disposal of said hazardous waste or substances. The CONTRACTOR will be considered a transporter, treater, storer or disposer of said hazardous waste or substances, if it undertakes directly to transport, treat, store, or dispose .(as defined by Section 403.703, Florida Statutes and FDEp rules promulgated thereunder) of hazardous waste or substances generated from an assigned site. Prior to the commencement of the services and thereafter, the COUNTY project personnel shall notify the CONTRACTOR of any known health or safety hazard or Condition existing on or near the project site. If hazardous substances cr conditions are discovered during the performance of the services that are different in type, amount or COncentration from these disclosed to the CONTP~CTOR prier to commencement of the services, then, upon notification, the COmiTy and the CONT?~ACTOR shall seek to determine the equitable adjustment (if any) to ke made to the task assignment, if the parties are unable-ko agree, the task assignment shall be terminated in accordance With the termination for convenience provision of this contract. The COmiTy shall compensate the CC'~iT~ACTOR for any reasonable emergency measures necessary for health and Safety. The CONTRACTOR recognizes that hazardous substances and other safety hazards or conditions are likely to De encountered in work performed under this contract and ackno~led~es responsibility for the safetyof the CONTP3. CTOR,s personnel and others under its direction. The COU~iTy shall furnish to the CO~Tk~CTOR plans, if any, in the pcssession of C©U~Ty project personnel showing the location of underground structures, such as pipes, tanks, cables and utilities. The C©?;T?~.CTOR shall be obligated to investigate the location of such underground structures in. accordance with reasonable standard of care. The COUNTy shall give the CO~TP~CTOR written notice within ten (10) working days of discovery of any suspected deficiency in the services. The COUNTY shall provide required approvals and decisions in accordance with the requirements of Chapter 62-770, F.A.C. unless another schedule, which would require more ' apprcvals and decisions by the COUNTY frequent task assignment. , is established by a given -5- Oe]ivery of a task final report may include a technical presentation at the CO~iT'f in Naples. A final report shall be delivered in accordance assignments. With requirements to Specific task This contract is effective on the date of execution and shall remain in effect until three years from the date of execution, by which date all re.~uire~ents, including final reports, shall have been co~pleted. Section VIII of this agreement Will be subject to renegotiation for one year beginning on September 30, 1996. It is Solely the responsibility of the CONTRACTOR to initiate any renegotiation of rates 60 days prior to September 30, 1996. Failure to init]ate a renegotiat]on of rates Prior to the date established shall result in the COntinuation of the rates contained in the contract. The CO~{Ty reserves the right to terminate negotiations and Continue Work to Complete assignments as Specified in the Paragraph be]ow Under eXiSting rates terminate the ccntract if agreement is not reached by the last day of the renegotiation period., or The COU~$Ty reserves the right to rene~-Uh'is contract for a Per/od of one }'ear or until SUch time as all OUtstanding Assignments issued prior to expiration of the one year Per~od have been COmpleted based o~ the COntinued s~tisfac~ory serformance of the CO~rp~CTOR and the availability of su[~port the renewal. If the COUNTy exercises a raze'wa! option '-'ith the CON~- - * -nds to -~{CTOR, the established contract Ceiling ar, Cunt may be raised at the rate of available funds for the renewal Der]od Each renew, al Shall be aQreed in writing by both ~art:es and approved, Upon recor, men.~a[ion of staff, by the BOard of County C°~'m[ssioners. . · ~ECT'IO~ V!~_r_ SUBLET~FiN~G The CONTraCTOR shall not sublet, assign or brans~_ Under this contract . without the .prior ~'ritten consent of the · ~r a~y work COUNTy Any SUch attempt shall be Void. The CO~Ty - dOCumentation of receipt of multiple quotes as SUbcontractor docu,%ents. ,-ay require The CO:~TRACT'OR agrees to be responsible for the of all ~'ork elements included in the Subcontracts and ~grees to be responsible for PaYment '. ' , subcontracts, of all monies due Under all SECTION For satisfactory Performance, the COUnTy agrees to ccr. Pensate the CON~CTOR on either a fi×ed price or Cost reimbursement basis. It is hereby understood and agreed that the sun total of all compensation under this contract shall not exceed $I,000,000 for each County fiscal }'ear during the contract term. In no event shall the CONTP~CTOR continue to perform services Once the authorized compensation under this contract is reached. It is the CONTRACTOR,s responsibility to know when the authorized compensation is reached. On those task assignments or portions thereof, in which the CONTRACTOR is to be compensated on the basis of cost plus a fixed fee, the CONTRACTOR shall notify the COUNTY when the CONTP~CTOR. believes that the service cannot be completed for the estimated cost established for the task assignment. In such event and after a review of the explanation provided to the COU~'Ty, the COUNTY and the CONTRACTOR shall attempt to mutually agree upon the extent to which (1) the Scope of Services shall be adjusted so that the task assignment ma}, be completed for the estimated cost or (2) the estimated c - os~ shall be increased in order to complete the task assignment, or (3) the task assignment shall be completed at the original estimated cost. In no event, however, shall the CONTRACTOR continue to provide services once the estimated cost for the task assignment has been reached. It is further understood and acreed that the C '-- ~- ' 0.~%C~ shall not commence work on an}, task assignment t~t may exceed the balance of the contrac% until notice is received of an increase in funding. . The COUNTY's performance and obligation to p~ under this contract is contingent upon an annual appropriation by the Board or continuation of other funding presently anticipated based on available funds from FDEP without liability for ~ ~ profits for unfinished work. ant-c.pated S__ECTION VIII - P~'{ur~TS The CONTkACTOR shall submit '~ · l~emlzed invoices in accordance with the authorized budget categories listed below for each task assignment, or sha~l submit invoices accompanied by an ezecuted copy of the task assignment notification form and spreadsheet evidencing a fixed price. The COUNTY Finance Director requires and CONT~%cToK shall provide at no cost to the COUNTy detailed supporting documentation of all costs under a cost reimbursement contract. Invoices shall be accompanied by supporting docur, entaticn and other requirements as follows: Contractor rates are attached as Exhibit IV and will range from the low of negotiated rates to a high of the median FDEP Preapproval rates. Minimum, maximum, and average rates included for reference only. are -7- A. ~alaries ~l_~e~QiVect La,pr_1 - List personnel in¥o!',.ed (by name and personnel category), salary rates and kours/time spent on individual project tasks as defined in the work plan. B. va~!~L~~~/Ge . . multipliers us ne a and Administrat've Costs - All ed (i.e., fringe benefits, overhead and/or general and administrative rates, included along with fee at line 3, Exhibit III, shall be documented/listed and supported by audit certified by CPA. If the COb~Ty determines that multipliers charged by the CONTRACTOR exceeded the rates supported by audit, the CONTRACTOR shall be required to reimburse such funds to the CO~4Ty within 30 days of written notification. Interest on the excessive charges shall be calculated based on the prevailing rate used by the COb~T¥. 1. ~Benefits - Shall be calculated pursuant to FD~p and COUNTY guidelines. 2. Overhead _ Shall be calculated pursuant tc FDEP and CO~Ty guidelines. 3. Gc~eral and Administrative _ Shall be calculated pursuant to FDEP and COU~Ty guidelines. - 4. ~$one of the above multipliers ~ill overlap with each other. C. Ssbcontracts _ All subcontractor invoices under a cost reimbursement task assignment shall be accompanied by supporting documentation in detail equivalent to that required of the prime CO~:T~CTOR.The COU~Ty · =c~nc'~ledges that some subcontracted services will be kased on reimbursement categories and units of measure that differ from those indicated for the prime C ~? - O,,T~AC~OR. The appropriate units of measure for the service provided must be documented under a cost reimbursement contract (i.e., travel reimbursements will be authorized in accordance ~'ith the travel reuuirements of the prime CONTP~.CTOR; drilling subcontract% may be based on a per foot 6r per ~'e!! cost; laboratory subcontractors will be based on a per sample per analysis cost; expense items needed which are not included in the per unit price must be supported by appropriate receipts equivalent to that required of the prime CO~:TRACTOR). In the event a fixed price is negotiated with the subcontractor, an invoice supported by documentation of the ~'ork performed %'ill be sufficient. -8- All ~ub':ontra:tor r'u]tipljers used (i.e., frlr'ge tc'.',ofitg, c','orhead, and/or ~er. era] ~nd ad~in~trati,,,~ rate~) supported by audit, If thi COb~Ty det~rm~ne~ that mu]t~P]ier~ charged by any ~ubcontraCtor ewcseded rel~urse Such fumd~ to th~ CO~Ty ~thJn 30 days of Pr~m~ CON~OR shall negot~at~ b~n subcontractor/contract administration ' assfgnmant has~. ccst/f~es on a task ~-~ ' Travel ~ ~nc]uded ~n the ~"rcentag, ~n C%~er D~r~ct Costs, E~bit III, l~ne 7. Any Other travel ex'senses and per die= %'hich ar8 not claimed under or ~DC~ude~ Direct Cost~, Exhibit III, L~n~ 7, ~u~t be dccu2~nt~.d hZ a stat~ of Flcv~d~ Tr~','el ','o';char v~th afAropri~te rec~Pt~ and ~n accordanc~ w'ith SeCtion ]~2.C~1, F.S. ke only at rate~ currently alloyed state e~,p]~,,.ees ~ q'if ALe n t S c'~ f 5- - ~ '"~d only and do not afply to tra,',~ports.~on t'~r.e . ~'~ ~'P-Y tc use ~n the rental ra~es cha~,-ed for ' - h-'fly rer, ta~ rate ¢:r a civen day shall not e>:ceed t.he daily rental rate. the .-.,.-he s'.r. ;S the ~,. , sun of the da~'y rental rate for u~ to a ,~-'.'en ()) day ~er~ sha]l Dot ex'ceed the '-'eekly rer, t~' the sum cf the 'weekly rental rate for ,up to a fc';~ - rl . Ferlod ska]i r, 2t exceed the r, Onthly rental rate}, ' (43 '-~e~ 5'J~P]~es, long d/star, ca Phone ca]Is' that are ~ct ~r"rluf~d c','erhead or 9eneral and a~nistrative costs, d>r'~r'er'ted ty ~te~z~r.c ~r,d ir, clu~ng c~p~es oS re-4.._t3 a ss icr. r. ents .... th r'=r. - ~,.-er ~s cor,~ract shall , ,.-=n, -sis ncr to e>:ce~ 'C] of ' a'-'arded ca '~-~== ' - COt~Ty re3er,,'es the r]ght to esta~i'sh the a~,c, unt and a~p] ~cation of retainage on a t~sk -~v he rnt~ined ~+nd'.F,g ~sFaC ' C: -. as~,.rar, t a,qm a~/c,..al of ail de]~varab]es, a task The rev[e.~ for appzc,,.al cf the P-:,..en~ of retair, age wi]] be ~ncl,,d~'_F · The rer.:*.s- assignment w.i]~ b~ sub~i t ed · de] l-.,era~le (s) - a tar -~,ce for ~a,2h ~ . ' approval cf th~ f/n~' -9- Laborator3 :n:~'ses ............. -~ - Maximum analytical turnaround tine shall be four %'eeks. The cost for perfor..nin~ sample analyses, blanks, and duplicates shall be charged in accordance with the rates contained in Exhibit ~ attached hereto and made a part hereof. '~a _ nd____Safe_~ - Health and safety equipment and supplies ~.,.lth a for in field personnel protection shall be charged in accordance with the rates contained in Exhibit _ iV___ attached hereto and made a part hereof, and treated as equipment identified in paragraph E, above. K. ~ecovered Product.c - The CONTRACTOR shall actively seek vendors to market petroleum by-products recovered from petroleum contaminated sites. The proceeds from the sale of petroleum and petroleum products recovered during the remediation of a petroleum contamination site shall be credited to the COUNTY and supported by appropriate receipts. L. Purchase o__f ~q~ior. egt/~:cn-E>:~endab]e SUPPlies - Rel~,bursement for the purchase of equipment/none>;mendable supplies is subject to specific approval by the COU~Ty. Such equipment/non-expendable supplies shall remain the ~rcDertv of the COUNTY and must be returned upon ta~L. comD ~Ic.~. Charges for services or expenses, including services and expenses of subcontractors, directly identifiable to a task assignment ~'hich are not included in the payment schedules attached to this contract, shall be compensated at rates mutually acceptable to the COUNTY and the CONTRACTOR, and shall be evidenced by an executed task assignment. In the event the COUNTY determines that such rates should become part of the rate schedule attached to this contract, the CO~;Ty shall initiate a change order evidencing the rates mutually agreed to ~, both parties. ~, The COU~Ty shall pay each invoice in accordance ','i~h the requirements of Section 218.70, F.S., as applicable, if the COUNTY objects to all or any portion of any invoice, the COUnTy shall notify the CO~TP~ACTOR of the objection within fifteen (15) days from receipt of the invoice, give reasons for the objection, and pay that portion of the invoice not in dispute in accordance with County and/or State of Florida payment procedures. Upon such notification of disputed charges, the COUNTY and the CONTRACTOR shall use their best efforts to resolve the disputed charges within forty-five (45) days from date of notification. Fixed price task assignments shall be invoiced on the basis of task completion or a schedule of deliverables, if appropriate, and shall not require supporting documentation as defined above for cost reir, bursement task assignments. -10- The COUNTY shall pay all satisfactory invoices in accordance with Section 218.70, Florida Statutes. Three copies of each invoice, including appropriate backup dOCumentation, shall be submitted to: Department of Pollution Control Office Management Collier County Government Center 3301 E. Tamiami Trail, Bldg. H Naples, FL 33962 SECTION IX - AUDIT: ACCE__SS__TO RECORDS The CONTRACTOR shall maintain books, records, documents and other evidence directly pertinent to performance under this contract in accordance with generally accepted accounting principles and practices consistently applied. The COtr)~T,f, the State, or their authorized representatives shall have access, without cost, to such records for audit purposes during the term of the contract and for three years following contract completion. Multipliers used by the CONTP~CTOR or its subccnzrac%ors for fringe kenefits, overhead, and general and administrative rates may be audited ky the COUXTY up to three Y'~ts after contract termination. If the COUNTY determines that the actual rates are less than the multipliers used, the CONTRACTOR shall be responsible for reimbursing the difference to the CO~4Ty and, if applicable, recovering such monies from its subcontractors. d .The COUNT~,s ?roject Manager is O. George Yi - eslgnee, telephon~ ~umJPer ~94 ~ _ 1 az, o~ h ~ro].ect Manager is~%{]~[,~/ ~ I~ 1) 7~2 2502. The managers for approsriat~ ~ s~all, be directed ton t~:~? . ~ on or d~sposition · ro]ect All services shall be performed by the COXTRACTOR to the satisfaction of the County Administrator or his designated representative, in accordance with the standard of Care provision contained in Section II of this contract. The COUNTY may at any time, by written order designated to be a change order, make any change in the work within the general scope of the contract (e.g., specifications, time method or r~anner of performance, requirements, etc.). All change orders are subject to mutual agreement of both parties and shall ke -11- evidenced in 'writing. Any change order which causes an iacrease or decrease in the C .... O.;T~-.CTOr. s cost, fee, or time shal] recuire an appropriate adjustment and modification (amendment) to this contract. ' Ail documents generated and submitted by the CONT~IC/OR to the COUNTY under this contract shall become the sole property of the COUNTY and may be used by the COb-WTy at its sole discretion. However, the COUNTY,s use of such materials developed by the CONTRACTOR under this contract on projects, or extension of projects, which are not directly related to the C©N?~CTOR,s services under a task assignment covered by this contract shall be at the CO~;TY,s risk. , The CONTRACTOR warrants that it has not employed or retained any company or person, other than a bona fide employee Working solely for the CONTP~CTOR, to solicit or secure this a~ree~en~ and that he has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide e~p]oyee working solely for the CONTRACTOR, any fee, ccr:~ission, percentage, gift, or other consideration contingent upon or resulting from the a'ward or making of this agreement. For the breach or violation of this provision, the COUNTY shall have the right to terminate this agreement without liability and, et its discretion, to deduct from the contract P'~e, or c~her'~ise recover, the full amount of such fee, commission, . gift, or consideration, percentage, SECTION XI - ~MINA~ION A. This contract may be terminated in whole or in part in writing by either party in the event of substantial failure by the other party to fulfill its obl]gations under this contract through no fault of the terminating party, that no termination may be effected unless the other party is given: 1) not less than ten (10) calendar days written notice (delivered by Certified Mail, Return Receipt .Reques:ed) of intent to terminate; 2) an opportunity for consultation ~'ith the terminating party prior to termination; and 3) a reasonable opportunity to remedy the failure. B. This contract may be terminated in '-'hole or in part in writing by the COUNTY for its convenience, provided that the CONT?~CTOR is given: 1) not less than ten (10) calendar days written notice (delivered by Certified Mail, Return Receipt Requested) of intent to terminate; 2) an opportunity for consultation with the terminating party prior to termination. -12- .7 C. If termination for default is effected by the COU~;Ty, an equitable adjustment in the price provided for in this contract shall be made, but 1) no amount shall be al]c'.'ed for anticipated profit on unperformed services or other work; and 2) any payment due to the CONTRACTOR at the time of the termination may be adjusted to cover any reasonable additional costs to the COUNTY because of the CONT~ICTOR,s default. If termination for default is effected by the CONTRACTOR, or if termination for convenience is effected by the COUNTY, the equitable adjustment shall include a reasonable profit for services or other work performed. The equitable adjustment for any termination shall provide for payment to the CONTRACTOR for services rendered and expenses incurred prior to the termination, in addition to termination, settlement costs reasonably incurred by the CONTRACTOR relating to commitments which had become firm prior to the termination. D. Upon receipt of a termination action under paragraphs A or B above, the CONTRACTOR shall: !) promptly discontinue all affected work (unless the notice directs otherwise) and deliver cr otb ~,,' ; e.,lse r, ake immediately available to ~.,_ COUNTY all data, drawings, specifications, reports, estimates, summaries and such other inforr, ation and materials as ma}' have been prepared or accumulated by 'the C ~' O.,~.~C~OR in performing this contract, both completed and in process. E. Upon termination under paragraphs A or B above, the COUNTY may take over the work or may award another Dart... a contract to complete the work. - F. If, after termination for failure of the CO~,T~.CYOR to fulfill contractual obligations, it is determined that the CO.~TPJ\CTOR had not failed to fulfill contractual cbliu~-tions, the termination shall be deemed to have been fir the co:ivenience of the COU}:TY. in such event, adjustr, ent cf the contract price shall be made as provided in paragrann C of this section. · SECFION XtI - LIQUIDATED D~M~G~- ..... ............... ~.G E S TIME IS OF THE ESSE.~CE FOR THE COMPLETION OF THE WORK TO BE PERFOP?.ED. In the event that any CONTP~,CTOR fails to cc.-..mlete any task assignment on a timely basis, the COU~Ty '-'ill suffer financial loss. Accordingly, the COUNTY reserves the right to assess as liquidated damages' but not as a penalty an a- .- . , -..~O-.,t not less than the value of the task assignment divided by the number of calendar days agreed upon for each task. Said amount shall be assessed for each calendar day thereafter until the task assignment has been commleted by the Contractor and accepte~ by the CObT~TY. ' _ -13- SECTION XIII - SUSPENSIQN OF WORK The COUNTY may order the CONTRACTOR in writing to suspend, delay or interrupt all or any part of the work for such period of time as the CO~{TY may determine to be aDmrosriate for the convenience of the COUNTY. -- - If the performance of all or any part of the work is suspended, delayed or interrupted for an unreasonable period of time by an act of the COUNTY in administration of a task assignment, or by the COUNTY,s failure to act within a reasonable time, the COUNTY shall make an adjustment for any increase in the cost of performance of a task assignment (excluding profit) necessarily caused by such unreasonable suspension, delay or interruption and modify the task assignment. However no adjustment shall be made under this clause for any suspension delay or interrupt!on to the extent: ' - . That performance would have been so suspended, delayed or interrupted by any other cause, includinc the fault or negligence of the CONTRACTOR; or 2. For which an equitable adjustment is p_rovided cr excluded under any other provision of this contract. The COUNTY shall r:ake payment to the CONTR~ACTOR cf any retair, age withheld on a task assignment provided the CONTRACTOR submits an invoice for such retainage. Payment shall be made in accordance with Section VIII - PAYMENTS. No retainage payment shall be made to the CONTP~ACTOR if the suspension, delay or interruption is due to the fault or negligence of the CONTRACTOR. SECTION XIV -__qC~NFLICT OF !N~E~uST The State or County may seek recovery of the costs of cleanup of specific sites from any and all responsible parties, and must anticipate the possibility of litigation. In order to avoid a conflict-of-interest, or the appearance of a conflict-of-interest, the County requires that the CON/P~CTOR notify the COUNTY in writing within five (5) working days of the CONTRACTOR,s discovery of a potential conflict-of-interest and make such continuing disclosure throughout the term of the contract, any present or anticipated contractual or other business relationship between the CONTP~\CTOR, or any subcontractor of the CONTRACTOR, and any of the persons or entities who are, or may be, responsible for that site. The CO~Ty agrees to notify the CONTRACTOR of all potentially responsible parties for a site when such information becomes known to the COUNTY. The COUNTY shall notify the CO.,-~C~OR within ten (10) days of receipt of such notification whether or not it deems a conflict-of-interest to exist. -14- For the purposes of this C ~- · section, a CONT~%CTOR or O. ~CTOR's subcontractor may be deemed to have had a business relationship with one of the potentially responsible parties if it has had such a relationship with a parent or subsidiary, a predecessor or a successor of such party, or if it has been engaged by independent legal representatives on behalf of any such parties, as so defined. A full disclosure shall include a description of the action that the CONTRACTOR has taken or proposes to take to avoid or to mitigate such conflicts-of-interest. The COUNTY 'nay terminate the contract if the COUNTY deems such termination to be in the best interest of the CO~4Ty, or may terminate the CONIRACTOR,s assignment to a particular site or sites based upon its assessment of a potential conflict-of-interest. The CONTE~CTOR shall maintain during the life of the contract, Professional Liability Insurance, Comprehensive General and Comprehensive Automobile Liability insurance as shall protect it from claims for damage for personnel injury, including accidental death, as well as claims for property damage ~'hich may arise from operating under this contract ~.het~ ~ - ~,e. such operations are by the CONI'~AC'iOR or by anyone emelcyed"by the C~,~=- .... and the amount of such insurance shall at a minimum, meet the following limits: ' · --r-~'---= ....... ~---~'-'~'~-~°~ ,L~i--a--bilit_~: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and ?roperty Dar. age Liability. This shall include Premises and Operations; Independent Contractors; Prc, duc~s and Cot, Die=au C':}erations and Contractual Llabilitv. B. ~usiness .-.~,ko [~a~A!__i_t~i: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: O'wned Vehicles, Hired and N°n-O~-'ned Vehicles and Employee Non-O'wnership. C. ~'orkers, Co_z:p_e_nsa____t__io_n: Insurance covering all enD]ovees r~eeting Statutory Limits in compliance '"'i~'h~ ' the applicable state and federal laws. The coverage must include Er, ployers Liability with a min{mum ~ i~it of $1,000,000 for each accident. ' - D. Professional _L_iab~i. lit~v: Coverage of $1,000,000. The CONTP3. CTOR shall insure that all subcontractors comply ~'ith the same insurance requirements that he is -15- required to ~ ~ - ,.e_~. The sa,~e COt;T~CYCR shall provide County with certificates of insurance meeting the required insurance provisions. The insurance certificate must state the RFP Number and Title. Collier County and the State of Florida shall be included as an Additional insured on both the Comprehensive General Liability and Business Auto Liability Policies and so noted on the Insurance Certificates. The Insurance Certificates shall also state the following: "These coverages are primary to all other-coverages the County possesses for this contract only". Collier County Board of County Commissioners shall be named as the Certificate Holder. NOTE--The "Certificate Holder, shall read as follows: Collier County Board of County Commissioners ~;aples, FL No County Division, Department, or individual name shall appear on the Certificate. No other format will he acceptable. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Ccn~ractor during the duration of this Agreement. Renewal certificates shall be sent to the COUNTY not less than 30 days prior to any expiration date. There shall be a 30 day advance notification to the COU);TY in the event of cancellation or modification of any stipulated insurance coverage. Such insurance shall not be canceled by the CONTP3. C .... unless the CONTRACTOR gives the COUNTY thirty (30) days notice. If the insurer cancels such insurance, the CO.~¥?p~ACTOR must notify the COUNTY within five (5) days of the CONTP~C/OR's notification from its insurance company. '' The COUNTY reserves the right to require the CONTkACTOR to include a site owner/operator and its er, Dloyees or necessary off-site persons when access to a site is required for petroleum cleanup, as additional insureds on the CONTP~CTOR,s insurance policies. The COUNTY shall reimburse the CO~TP~.CTOR for any additional premium required for inclusion of an off-site person on the CONTRACTOR'S insurance policies. The CO~TY reserves the right to increase the minimum required insurance coverage if such increase would be in the best interest of the State cf =~orida and/or the COU~TY. ' ~ -16- SECTiQ~ XVI INDEM'glFT____~' The CONTRACTOR, in consideration of Ten Dollars ($10.00), 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 cf the named CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them. The CONTRACTOR,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 CONTklCTOR,S limit of, or lack of insurance protection. The first Ten Dollars ($10.00) of money received on the contract price is ~ab-ment c= this obligation by the COL'~;T':'.~ Except as specified above, loss or damage due exclusively to the acts or omissions of an er, plcvee or er. plcyees o= cae of the parties, or exclusively to the failure of or defect Jn the equipment of one of the parties, shall be born~ so~=:v ~.v the party whcs~ employee(s) cr equipment so caused such loss or damage. Loss or damage due to the concurring'-8cts or cm:ssions of both parties, or the acts or omissions of a person or Dersons not a party to this agreement shall be borne by each of the parties as to its own employees and property in the percentaces as it shall be legally determined that each contribu~ to the loss or damage. ' ' .-=s ' Upon payment in full to the CONTP.%CTOR for service Performed hereunder, the CONTP3. C?OR agrees to hold the COUNTY harmless with respect to claims by third persons for Payment for labor materials, and ecuipment used by the '~"~-C~OR in connect/on with CONTP3. CTOR,s performance of such services. ~.ECTION X_V~i__i - FORCE MAJEURE If a force majeure"event occurs which causes delay or the reasonable likelihood of delay in the achievement cf the requirements of this contract, the CONTP~CTOR shall~ promptly notify the COUNTY verbally and shall, within seven cale.,dar days, notify the COUNTY in writing of the anticipated length and cause of the delay, the measures taken or to be taken to minimize the delay, and the timetable by which the CONTP~ACTOR inten~s to implement these measures. If the parties can agree that the delay or anticipated delay has been or will be caused by a force majeure event, time for performance under this contrac~ shall beextended for a period equal to the delay resulting from the force majeure event. For such an extension to be effec:ive such agreement must be confirmed by letter from the COUNTY accep%ing -17- or, if necessary, modifying the extension request. A force majeure event shall be an act of God, a strike, lockout, or other industrial disturbance not involving the CONTP~CTOR, act of the public enemy, war, blockade, public riot, lightning, fire, flood, explosion, failure to receive timely necessary governmental or third party approvals, governmental restraint, and any Other cause, whether of the kind specifically enumerated herein or otherwise, which is not reasonably within the control of the CONTRACTOR. In the event that the CONTRACTOR,S work is interrupted due to a force majeure event, the CONTRACTOR shall be equitably compensated for reasonable costs associated with maintaining its work force and equipment availability during the interruption, or at the option of the COtrNTY, for such similar charges that are incurred by the CONTRACTOR for demobilization and subsequent remobilization. In no event shall the CONTP~ACTOR be required to -maintain a field force in standby status in the field for a period in excess of five (5) calendar days. THIS AGREEMENT shall be administered on behalf o' ~ COUNTy by the Pollution Control Department. SF~TION XiX - CO~MPONENT PARTS OF THJ~-CO};TR~e This Contract consists of the attached component garbs, all of which are as fully a part of contract as if herein set out verbatim: Insurance Certificates, Performance Bond(s), Exhibits I, II, III, IV and RFP f95-2380, and attachments. 5_~C__T I o~{ x__~x IT IS FURTH~ -~, ~" U.,DERSTOOD AND AGREED, ky and parties herein that this Agreement is suoject to annual budcet , -=~ ~en ~he appropriation by the Board of County CommisSioners. SEC. ,, _ . .. S~CTI~ XXI - CHOICE OF LAW FORUM The parties hereby agree that any and all actions or d~sputes arising out of this contract shall be governed bv the ]a'.'s of the State of Florida; and any such actions -1 be t.,- .... h Collier County, Florida. sha~' '~.~ t in -18- SECTION XXII - ENTIRE AGREEMENT It is hereby understood and agreed that this contract states the entire agreement and that the parties are not bound by any' stipulations, representations, agreements or promises ora! or otherwise, not printed in this contract. ' IN WITNESS WHEREOF, the CONTPJ~CTOR and the COUNTY, have each, respectively, by an authorized person or agent, hereunder set their hands.and seals on duplicate originals of this Agreement on the date and year first above written. ATTEST: / ! Date: '_~./ '~ _/_~/~ (S~L) BOARD OF COUNTY CO~L~ISSiONERS COLLIER COUNTY, FLORIDA By: '~OHN C. NORRIS ~irman .. ~!Tness OHM Remedia't'ion Services //S~ignature of C ~ Officer _'I ,,,_ ,,, ~Vu.~7 3' . .',-''- ......:: .' ....-~.~~.rr.--' - - t: ~ Director of Witness .... : CORPORATE SEAL (corporations only) Approved as to form and legal sufficiency: Assistant County Attorney Typed signature and title -19- .4 STATE OF COUNTY OF COL4~ER CWi.N'.NF.I'T Before me, the undersigned authority, this daf' personally appeared _ 3ohn R. Martin and to me well knownn and known to me to be ~and respectively, of the Corporation named in the foregoing Agreement, and each severally acknowledged to and before me that they executed such Agreement on behalf of and in the name of said corporation as such officers; that the seal affixed to said Agreement is the corporate seal of said corporation and that it was affixed thereto corporate authority; and they are duly authorized by said corporation to execute this agreement and that this Agreement is the free act and deed of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal this }~ day of A~r~ · '~ - ~ ' _, A.D. 1996. My Commission E):oires: ~{arch 5. 2000 Notary Public GGY/jh6186 -20- AGREEMENT TO EXTEND AGRI'~I!MIZNT FOR CLEANUP OF CONTAMINATION SITES WHEREAS, on May 07, 1996, Collier County ("COUNTY") entered into a 19 page Agrcclllcnt ("lllc Agreement") xvil]~ ERM Soulh, Inc., a corl)Oralion, ("CONTRACTOR.") for tile Coq)oration to provide specified support services in connect/on w/th tile clean ttp ol'conlaminntcd sites; and WI-IEREAS, SECTION V of tile Agreement provides that tile COUNTY has the right to renew thc Agreement "ibr a period of one >'ear [fi'om May 07, 1999 to May 07, 2000] or until such time as all outstanding Assignments issued prior to [May 07, 2000] have been completed; and WItEI~.EAS, thc abovc-specit]cd contract extension must be in writing signed by the COUN'FY and thc CONTRAC'FOR; and WHEREAS, tile COUNTY ctesires to extend tile Agrccmcnt until May 07, 1999 or until all Assignments issued by COUNTY to CONTRACTOR prior to May 07, 2000 have been completed, whichever occurs last. NOW, Tt tI:ZRE[:ORE, Tt-IE COUNTY AND TIlE CONTRACTOR hereby agree as follows: 1. 'File Agreement is hereby extended until May 07, 2000 or until all Assigr~ments issued by the COUNTY to CONTRACTOR prior to May 07, 2000 have been completed, whichever occurs last. All other provision o£the Agreement remain tile same. ATTEST: BOARD OF COUNTY COMMISSIONERS COLI.IEI>,. COUNTY, FLOI>,.IDA DWIGHT E. BROCK, CLERK I3AI A X h. Ek Y, ff_~.~ ~,,~._ Witness Witness ERM.Sonih, [n,¢. Siiznatu re "of' C~rporate Officer (L. S.) PAUL GRUBER - PRES ! DEIVI' Typed name and title of Corporate Officer Approved as to Form and Legal Sufficiency Assistant County Attorney COLLIER COUNTY BOARD OF COUNTY CO~SMISSIONERS AGREEMENT FOR CLEANUP OF CONTAMINATION SITES ThiIS AGREEMENT, made and entered into this j~k~ day of ,.///~ ~ , 1996, by and between the Board of County Commiss~roners, Collier County, Florida, a political, subdivision of the~State of Florida, hereinafter called the CO~TY, and ERM South, Inc. , duly authorized to conduct business in the State of Florida, hereinafter called the CONTP~ACTOR; W I T N E S S E T H WHEREAS, the COUNTY desires to obtain support services of said CONTP3. CTOR in connection with its contamination site cleanup program; and W~ER~.S, the CONTRACTOR has reviewed the services recuired by th~ CO~TY pursuant to RFP #95-2380 and is agreeable to and desirous, capable, and Gualified to perform end"provide al! such services in accordance with the provisions, conditions, and %erms hereinafter set forth; and W~EREAS, the ~arties agree that selection and contractual engagement of the CONTk%CTOR has been made ky the COUNiY in accordance with the provisions of the Consultants, Commetitive Negotiation .Act, Chapter 287.055, Florida Stanutes, as ........... app-ri-cable7 and--~n---~cc~rd_~nce .... with___~__CO~Y'S policy o~ .............. competitive selection prccedures. NOW, THEREFORE, in consideration of the mutual covenants, terms, and provisions contained herein, the parties hereno agree that with the mutual acceptance of this Agreement, as evidenced hereinafter by joint execution of this Agreement, that a contract shall exist between both parties consisting of the covenants, terms, and provisions agreed to as follows: l'l:e COLLIER COUNTY BOARD OF COUNTY CO~.E,i!SSIONERS, (COUNTY) hereby re~ains the CONTP~.CTOR to provide environmental monitoring, response, and cleanup/remediation services as , C©~,TP~CTOR outlined in BCC Solicitation No. RFP f95-2380 and " 's response thereto, incorporated herein by referc~.~..~:. An'.' terms and conditions of this contract which vary from nhose contained in the Solicitation or CONTRACTOR's response shall have precedence. Activities associated with site cleanup w:!l be performed in accordance with the provisions of Chapters 62-770, 62-771 and 62-775, Florida Administrative Code (=.A.C.), Petroleum Contamination Cleanup Criteria Rule, Petroleum Contamination Site Priority Ranking Rule and Soil Thermal Treatment Facilities Rule, respe'ctively. SECTION I SCOPE OF SERVICES The CONTRACTOR shall provide petroleum and contamination site cleanup services, on a task assignment basis, a copy of the Task Assignment Form and Task Assignment Change Order are attached hereto and made a part hereof, as Exhibits I and II, which may include any or all of the following described work elements: A. Quality Assurance Prior to receiving any site task assignments, the CONTRACTOR shall provide a copy of its approved Comprehensive Quality Assurance Plan (Comp QAP) from the Florida Department of Environmental Protection (FDEP) Quality Assurance Section. The Comp QAP must comply with the FDEP's Manual for Preparing Quality Assurance Plans, DEP QA-001/90. Safety The CONTRACTOR and its subcontractors shall comply with OSHA Regulation 29 CFR Part 1910, including preparation of a site-specific safety plan for each project. Contamination Assessment Plan (CAP) and Initial Remedial Actions (IRA) The COUNTY may assign a site or group of sites to the CONTRACTOR, and make available to the CONTRACTOR all information known about the site(s). For each site, the COUNTY will request a cost estimate and work proposal. The CONTRACTOR will conduct an initial site visit and prepare a CAP which outlines the CONTRACTOR's approach to a contamination assessment which meets the requirements of Chapter 62-770, F.A.C. The CAP must include a site-specific safety plan and may include IRA recommendations such as free product or soil removal. o Contamination Assessment Upon approval of the CAP by the COUNTY, the COUNTY may assign the CONTRACTOR to conduct the investigation and submit a Contamination Assessment Report (CAR). Remedial Action Plan (RAP) Upon approval of the CAR by the COUNTY, the COUNTY may assign the CONTRACTOR to develop a RAP designed to clean up the site to the Site Remediation Levels (SRL's) specified in Chapter 62-770, F.A.C. In some cases, the COU%~TY may direct the CONTRACTOR to develop an alternate SRL for a site by performing a risk assessment in accordance with Chapter 62-770, F.A.C. and the FDEP's Risk Assessment Guidelines for Non-Superfund Sites. -2- The RAP will include plans and specifications and backup calculations which demonstrate the rationale for the system design. F. Remedial Action Upon approval of the plan, the COUNTY may assign the CONTRACTOR to implement the RAP. This shall include obtaining price quotes from vendors and subcontractors, recommending purchases and awards, overseeing construction, supervising system startup, and performing operation and maintenance of the system. Other responsibilities of the CONTRACTOR during assessment and remedial action include acquiring all necessary permits and inspections, securing site access and obtaining easements, ensuring compliance with all additional environmental regulations and providing community relations support to the COUNTY. G. Other Cleanup and Environmental Response Activities Upon approval bv the Count},, task assignments may ke given for other environmental monitoring, response, and cleanup/remedia~ion activities including, but not limited to, Contamination Assessments, Remedial Action Plans, Alternative/Remedial Actions, and other associated activities. All tasks should be conducted by the contractor within all the aPPlicable Local State and Federal laws and rules. '' ' In the event services are required to be performed that are not set out above, but are within the general scope of services, the COUNTY and the CONTRACTOR hereby reserve the right to negotiate proposed task assignments covering the required services. Notwithstanding any other provision of this contract, the CONTRACTOR may, at its sole discretion, elect not to participate in a proposed task assignment. Such election shall not preclude the CONTPJ~CTOR from participating in other proposed task assignments the COUNTY may request. The CONTP3~CTOR shall notify the COUNTY verbally, with confirmation in writing, within five (5) working days of receipt of a proposed task assignment of the CONTRACTOR's decision not to participate in a proposed assignment, task There is no work guaranteed as a result of this contract. Any and all work will be at the discretion of the COUNTY. The COUNTY reserves the right to assign different phases of work on a specific site to different CONTraCTORS. In such cases, the CONTRACTOR,s liability for accepting and using work done by previous CONTkACTORs will be negotiated on a site-specific basis. -3- SECTION II - GENERAL RES?ONSIBILITIES OF THE C(5'NTP~&CTOR The CONTRACTOR is responsible for the professional quality, technical accuracy, timely completion and coordination of all designs, drawings, specifications, reports, other services and installations furnished by the CONTP~CTOR under this contract. The CONTRACTOR is responsible for all phases of assessment and cleanup as well as liability for damage suffered by the COUNTY for non-performance. In the event of damages to the COUNTY for CONTRACTOR'S non-performance of site cleanup, Section XV shall be reviewed for its applicability. The CONTRACTOR shall without additional compensation correct or revise any errors, omissions or other deficiencies in its designs, drawings, specifications, reports, other services and installations, which exist at the time of inspection for acceptance by the COUNTY and do not conform to the following standard of care: The CONTRACTOR represents that its services and installations shall be performed, within the limits prescribed by the COUNTY, in a manner consistent with that level of care and skill ordinarily exercised by other professional consultants under similar circumstances at the time th6-hervices are performed. The COUNTY reserves the right to unilaterally cancel this contract for refusal by the CONTRACTOR to allow public access to all documents, papers, letters or other materials subject to the provisions of Chapter 119, Florida Statutes, and made or received by the CONTRACTOR in relation to this contract. The CC~TP~CTOR shall establish procedures for the determination and separate maintenance of confidential information, if any, not sub~ect to the public and the County's disclosure provisions of Chapter 119, Florida Statutes, and shall afford complete access to such information to the COUNTY for a determination of confidentiality if requested by the COUNTY. ' SECTION III - GENEP3. L RESPONSIBILITIES OF THE COUNTY The COUNTY shall obtain site access for the CONTkICTOR, its employees, agents and subcontractors, for the purpose of providing the services, only after the CONTraCTOR has demonstrated a good-faith effort to do so and has failed. The COUNTY recognizes that, consistent with the standard cf care provision, the use of investigative equipment and practices may unavoidably alter the existing site conditions and affect the environment in the geographic area being studied. -4- The CONTP~CTOR shall not be regarded or required to be a generator, transporter, treater, storer or disposer of hazardous waste or substances (as defined by Sections 403.703(21) and (29), Florida Statutes) which are present on and excavated from an assigned site pursuant to this contract. If required by the COUNTY, the CONTraCTOR shall employ the services of licensed or certified subcontractors, for the transportation, treatment, storage or disposal of said hazardous waste or substances. The CONTRACTOR will be considered a transporter, treater, storer or disposer of said hazardous waste or substances, if it undertakes directly to transport, treat, store, or dispose (as defined by Section 403.703, Florida Statutes and FDEP rules promulgated thereunder) of hazardous waste or substances generated from an assigned site. Prior to the commencement of the services and thereafter, the CO~TY project personnel shall notify the CO~;T~CTOR of any known health or safety hazard or condition existing on or near the project site. If hazardous substances or conditions are discovered during the performance of the services ~hat are different in type, amount or concentration from those disc!csed to the CONTP~CTOR prior to commencement of the services, then, upon notification, the COUNTY and the CONTP~CTOR shall seek to determine the equitable adjustment (if any) .t_o be made ~o the task assignment If the parties are unable to ague_ ~he task assignment shall be terminated in accordance with the ~ermination for convenience ~rovision of this contract. The CO~..~. shall compensate the CO~TP_ACTOR for any reasonable emergency measures necessary for health and safety. The CONTRACTOR recognizes that hazardous substances and other safety hazards or conditions are likely to be encountered in work ~= performed under this contract and acknowledges responsibility for the safety cf the CONTRACTOR's personnel and others under its direction. The COUNTY shall furnish to the CONTRACTOR plans, if any, in the possession of COUNTY project personnel showing the location of underground structures, such as pipes, tanks, cables and utilities. The CONTP~ACTOR shall be obligated to investigate the location of such underground structures in accordance with reasonable standard of care. The COUNTY shall give the CO}~TPJ~CTOR written notice within ten (10) working days of discovery of an}' suspected deficiency in the services. The COUNTY shall provide required approvals and decisions in accordance with the requirements of Chapter 62-770, E.A.C. unless another schedule, which would require more frequent approvals and decisions by the COUNTY, is established by a given task assignment. -5- SECTION IV - REPORTS Delivery of a task final report may include a technical presentation at the COUNTY in Naples. A final report shall be delivered in accordance with requirements to specific task assignments. SECTION V - TERM OF AGREEMENT This contract is effective on the date of execution and shall remain in effect until three years from the date of execution, by which date all requirements, including final reports, shall have been completed. Section VIII of this agreement will be subject to renegotiation for one year beginning on September 30, 1996. It is solely the responsibility of the CONTRACTOR to initiate any renegotiation of rates 60 days prior to September 30, 1996. Failure to initiate a renegotiation of rates prior to the date established shall result in the continuation of the rates contained in the contract. The COUNTY reserves the right to terminate negotiations and continue work to complete assignments as specified in the paragraph below under existing rates, or terminate the contract if agreement is not reached by the last day of the renegotiation period. ' The COUNTY reserves the right to renew this contract = ~ ~©~ a period of one year or until such time as all outstanding Assignments issued prior to expiration of the one ':'ear neriod have been completed based on the continued satisfectory performance of the CONT?~CTOR and the availability of funds to support the renewal. If the COUNTY exercises a renewal option with the CONTRACTOR, the established contract ceiling amount may ke raised at the rate of available funds for the renewal neriod. Each renewal shall be agreed in writing by both part'es and approved, upon recommendation of staff, by the Board of Count}. Commissioners. SECTION VI - SUBLETTING The CONTRACTOR shall not sublet, assign or transfer any work under this contract without the prior written consent cf the COUNTY. Any such attempt shall be void. The COUNTY may require documentation of receipt of multiple quotes as well as as~ subcontractor documents. , ~oving The CONTkACTOR agrees to be responsible for the fulfillment, of all work elements included in the subcontracts and agrees tc be responsible for payment of all monies due under all subcontracts. SECTION VII - COMPENSATION For satisfactory performance, the COUNTY agrees to compensate the CONTRACTOR on either a fixed price or cost reimbursement -6- basis. It is hereby understood and agreed that the sum total of all compensation under this contract shall not exceed $!,000,000 for each County fiscal year during the contract term. In no event shall the CONTRACTOR continue to perform services once the authorized compensation under this contract is reached. It is the CONTRACTOR's responsibility to know when the authorized compensation is reached. On those task assignments or portions thereof, in which the CONTRACTOR is to be compensated on the basis of cost plus a fixed fee, the CONTRACTOR shall notify the COUNTY when the C©NTP~ACTOR believes that the service cannot be completed for the estimated cost established for the task assignment. In such event and after a review of the explanation provided to the COUNTY, the COUNTY and the CONTRACTOR shall attempt to mutually agree upon the extent to which (1) the Scope of Services shall be adjusted so that the task assignment may be completed for the esnimated cost or (2) the estimated cost shall be increased in order to complete the task assignment, or (3) the task assignment shall be completed at the original estimated cost. In no event, kcwever, shall the CONTP~.CTOR continue to provide services once the estimated cost for the task assignment has been reached. It is further understood and agreed that the CONTP3. C/CE shall not come. once work on any task assignment that may exceed the balance of the contract until notice is received of an increase in funding. The COUNTY's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Board or continuation of other funding presently anticipated hazed on available funds from FDEP without liability for antlclpated profits for unfinished work. SECTION VIII - PAYMENTS The CONTk%CTOR shall submit itemized invoices in accordance with the authorized budget categories listed below~.or ~ each task assignment, or shall submit invoices accompanied by an executed copy of the task assignment notification form and s$readsheet evidencing a fixed price. The COUNTY Finance Director requires and CONTPJ~CTOR shall provide at no cost to the COUNTY detailed su9porting documentation of all costs under a cost reimbursement cgntract. Invoices shall be accomoanied by supporting documentation and other requirements as follows: Contractor rates are attached as Exhibit IV and will range from the low of negotiated rates to a high of the median FDEP Preapproval rates. Minimum, maximum, and average ra~es are included for reference only. -7- C o Salaries/Waqes (Direct Labor) - List personnel involved (by name and personnel category), salary rates and hcurs/time spent on individual project tasks as defined in the work plan. Overhead/Frinae/General and Administrative Cost~ - All multipliers used (i.e., fringe benefits, overhead and/or general and administrative rates, included along with fee at line 3, Exhibit IIi, shall be documented/listed and supported by audit certified by CPA. If the COUNTY determines that multipliers charged by the CONTRACTOR exceeded the rates supported by audit, the CONTRACTOR shall be required to reimburse such funds to the COUNTY within 30 days of written notification. Interest on the excessive charges shall be calculated based on the prevailing rate used by the COUNTY. ~rinqe Benefits - Shall be calculated pursuant to FDE? and COUNTY guidelines. Overh__eAQ - Shall be calculated pursuant to =~=~ and COUNTY guidelines. 3 o General and Administrative - Shall pursuant to FDEP and COUNTY guidelines~. be calculated 4 o None of the above multipliers will overlap with each other. Subcontracts - AIl subcontractor invoices under a ccs5 reimbursement task assignment shall be acccmpa.n{~ by supporting documentation in detail equivalent to that reGuired of the prime CONTP~ACTOR. The COUNTY ackncwledges that some subcon~ ~.acted services will be based on reimbursement categories and units of measure that differ from those indicated for the prime CONTP3. CTOR. The appropriate units of measure for the service provided must be documented under a cost reimbursement contract (i.e., travel reimbursements will be authorized in accordance with the travel requirements of the pr i2ne CONTk%CTOR; drilling subcontracts may be based on a per foot or per well cost; laboratory subcontractors will be based on a per samzle per analysis cost; expense items needed which are not included in the per unit price must be supported by appropriate receipts equivalent to that required of the prime CONTRACTOR). in the event a fixed price is negotiated with the subcontractcr, an invoice supported by documentation of the work Der= ~-~ · - ~c ...... will be sufficient. -8- All subcontractor ,-..ultipliers used (i.e., fr~'n~e overhead, and/or ~ezar~! and ad:inlstra:iv~ rate~) ~hall supported by audit. If th~ COUNTY detsr~ine~ that multiplier~ char;ed by ~ny ~ubcontractor e~ceeded the supported by audit, the COntraCTOR shall be re.aired to rei~urse such fund~ to the ~Ob~TY within ~0 days of written notification. Interest on th~ e~ce~sive charg~ Shall b~ calculated based on the prevailing rate used bY the COb~Iy. Prime CON'K~OR shall negotiate in advance subcontractor/contract administration cost/fees assignment basi~, on a task D. ~%'?_9~ - Travel i$ ~ncluded In the p~rcenta~m in Other D~rect Costs, Exhibit III, line 7. Any other travel ex'pauses and per die: Which are no~ claimed under or included in Oth~r Direct Cost~, E~hibit III, Line 7, nu~t be dccursnt6d by a state of F!crfd~ Travel Voucher '~th appropriate racelpt~ and In accordance ~'lth Sect!ch 112.C61, F.S. Ke~mburser. ent b~ only at rates currc~ntly allowed state E. ~cufpj~ent - Ecu~ -~ ..... . p,..un, usac~ rental rates '' ~.-y tc ~2ze in the field c~]y and do net a~ply to trar, sportat~on t/me. The rental rates c~-.arsed for eq'~ipr, ent u~3$e '3hall ~e /r.'.'ci-e~ the CO[~;?'f in the rest fa'.'er~b]e terr. s (t'.~,,the s~:m cf the hourly rental rate for a given day shall not exceed the rental rate; the sum of the daily rental rate fcr u~ to a seven (7) day ~-r{~d shall not exceed the weekly rents r~ta/ the ~um cf the ','eekly rental rate for up to a four (4) '-eek ~eriod 3h~l! not e>:cee~ the r. onthly rental rate). F. O~er K~'c'~s~%_~.ther ~_irect ~s.~ - e.g., materials, supplies, lor:g dis'once ?;one calls, th%t are not ~nc]u.f~ overhead o- ceneral and ' ' ~'-..'.nistratlve costs, r.u~t he d.~cur, ented by itemizing and including copies cf reaa!~t~ cr invcices. - a~siSnr, ents unfer this contract shall ke a'-'arde~ on a .... ~ .... cost. (included In [xh~bit Iii lfr, e ]) 2.e~afn.?.~9 - The CCb'N~y rc3erves the right to estaSi~sh tha amount and aoml~cation of retair,~go on a t)sk ............. ,.. e P.%yr, er, t to the r. ay be rc:,_a;~ed p,~r, dlng ~at:~factory completion of a task assi~nr, ent and approval of all dclJvr:rables. The review for >~:::C','al c~ the ~inal deliveraBle(s) will completed '-'Jthfn sixty /50) days of receipt. The re?~es: for plyment of reteina9e '~il] ~e fr. cl~:dgd cn the final ir, voice fc.r each ta~k a~iTr, r, en%. The final invoice for ~sch a.csfg--er, t wi] ! be s::;cr, itte~ a~te ..... vai ~ the de ! i'.'era.h lc (s) . ~ ' - =~:.rc ~. -9- Laboratory Anal%'se_~s - Maximum analytical turnaround shall be four eels The cost for per£orminc sa.,ple analyses, blanks, and duplicates shall be charged in accordance with the rates contained in Exhibit IV attached hereto and made a part hereof. ~ealth and Safet~ - Health and safety equipment and supplies for in field personnel protection shall be charged in accordance with the rates contained in Exhibit IV attached hereto and made a part hereof, and treated as ecu~pment identified in paragraph E, above. ~ K. Recovered Products - The CONTRACTOR shall actively seek vendors to market petroleum by-products recovered from petroleum contaminated sites. The proceeds from the sale of petroleum and petroleum products recovered durinc the remediation of a petroleum contamination site shall be credited to the COUNTY and supported by appropriate receipts. L. Purcha~_e_ of ~q~ment/N~0-E>:pen~able ~pli~ - Reimbursement for the purchase of equipment/nonexpendable supplies is subject to specific approval by the COUNTY. Such equipment/non-expendable supplies shall ra~ain the ~rcperty of the COUNTY and must be returned upon task com[p!e%icn. Charges for services or expenses, including services and expenses of subcontractors, directly identifiable ne a task assignment which are not included in the paymen~ schedules attached to this contract, shall be compensated at rates mutually acceptable to the COUNTY and the CONTk~CTOR, and shall be evidenced by an executed task assignment. In the event the COUNTY determines that such rates should become part of the rate schedule attached to this contract, the COUNTY shall initiate a change order evidencing the rates mutually acreed to zv both parties. The COUNTY shall pay each invoice in accordance with the requirements of Section 218.70, F.S., as applicable, if the COUNTY objedts to all or any portion of any invoice the COUNTY shall notify the C ' , ObTRACTOR. of the objection within fifteen (15) days from receipt of the invoice, give reasons for the objection, and pay that portion of the invoice not in dispute in accordance with County and/gr State of ~lorida payment procedures. Upon such notification of disputed charges, the COUNTY and the CONTRACTOR shall use their best efforts to resolve the disputed charges within forty-five (45) days ~rom date of no%ifica%icn. Fixed price task ass{ ..... -~,.,ents sna!l be invoiced en the basis of task completion or a schedule of deliverables, if a~:~rcuriate, and shall not require supporting documentation as de~[~.~.3 above for cost reimbursement task assignments. - -10- The COUNTY shall pa}, al! satisfactor}, invoices in accsrdance with Section 218.70, Florida Statutes. Three copies of each invoice, including appropriate backup documentation shall be submitted to: , Department of Pollution Control Office Management Collier County Government Center 3301 E. Tamiami Trail, Bldg. H Naples, FL 33962 5 ECT!O_~N I X - ~UD IT: ~tgE~$_T_O__R Eco__~_ro~s The CONTRACTOR shall maintain books, records, documents and other evidence directly pertinent to performance under this contract in accordance with generally accepted accounting principles and practices consistently applied. The COUNTY, the State, or their authorized representatives shall have access, without cost, to such records for audit purposes during the term of the contract and for three years followinc completion. ' contract ~ult~D]iers · -. - u~ by the CONTRACTOR or its.-~ubconurac~crs for fringe benefits, overhead, and general and administrative rates may be audited by %he COUNTY up to three years after contract termination. If the COUNTY determines that the actual raues are less than the mu!ti~liers used, the COt;T~%CTOR shall be responsible for reimbursing the difference to the COU.,~ and, if applicable, recovering such monies from its subcontr=c~.= SECTION X ~kQEMEN? The COUNTY,s Project Hanager is G. George Yilmaz, cr his designee, telephone number (941) 732-2502 The C "T~ Project Manager is Dan Shabeldeen _, telephone number (6l]) 622-8727 Ail matters shall be directed ~o th= =~oject Manacers for auorog~iate action or disposition. All services shall be performed by the CONtraCtOR to the satisfaction of the County Administrator or his designated representative, in accordance with the standard of care provision contained in Section II of this contract· The COUNTY may at any time, by written order designated to be a change order, make any change in the work within the general scope of the contract (e.g., specifications, tLme method or manner of performance, requirements, etc.). Ail change orders are subject to mutual agreement of both parties and shall be -11- evidenced in writing. Any change order which causes an increase or decrease in the CONT?3. CTOR's cost, fee, or time shall require an appropriate adjustment and modification (amendmen%) ~o this contract. All documents generated and submitted by the CONT?3. CTOR to the COUNTY under this contract shall become the sole property of the COUNTY and may be used by the COUNTY at its sole discretion. However, the COUNTY,s use of such materials developed by the CONTRACTOR under this contract on projects, or extension of projects, which are not directly related to the CONTP~.CTOR,s services under a task assignment covered by this contract shall be at the COUnTY's risk. , The CONTRACTOR warrants that it has not employed or retained any company or person, other than a bona fide employ== working solely for the CONTP~.CTOR, to solicit or secure this agreement and that he has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the CONTraCTOR, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this agreemens. For the breach or vio!aticn of this provision, the CO~HTY shall have the right to terminate this agreement without liability and, at its discretion, to deduct from the contract price, or csherwise recover, the full amount of such fee, commission, rercentace gift, or consideration. - ~ , SECTION XI - TERM_____!NATIO~_ A. This contract may he terminated in whole or in part writing by either party in the event of substantial failure by the other party to fulfill its obligations under this contract through no fault of the terminating partv, urcvided that no termination may be effecUed unless the other ~ar%}' is given: 1) no~ less than ten (10) calendar days written notice (delivered by Certified Mai!, Return Receipt Requested) of in~ent to terminate; 2) an opportunity for consu!ua~icn with the terminating part}' prior to termination; ami 3) a reasonable opportunity to remedy the failure. B. This contract may be terminated in whole or in par5 in writing by the COUNTY for its convenience, provided that the CONTP3. CTOR is given: 1) not less than ten (10) ca!encar days written notice (delivered by Certified Mail, Resurn Receip~ Requested) of intent to terminate; 2) an opoor%uni%y for consultation with ~ term ~ inatinc party prior to termination. -12- $ · If termination for default is effected by the COUNTY, an equitable adjustment in the price provided for in this contract shall be made, but 1) no amount shall be allowed for anticipated profit on unperformed services or other work; and 2) any payment due to the CONTRACTOR at the time of the termination may be adjusted to cover any reasonable. additional costs to the COUNTY because of the CONTRACTOR,s default. If termination for default is effected by the CONTRACTOR, or if termination for convenience is effected by the CO~Ty, the equitable adjustment shall include a reasonable profit for services or other work performed. The equitable adjustment for any termination shall provide for payment to the CONTP~CTOR for services rendered and expenses incurred prior to the termination, in addition to termination, settlement costs reasonably incurred by the CONTRACTOR relating to commitments which had become firm prior to the termination. Upon receipt of a termination action under paragraphs A or B above, the CONTkACTOR shall: 1) promptly discontinue alt affected work (unless the notice directs otherwise); and 2) deliver or otherwise make immediately available tc ~ke COUNTY all data, drawings, specifications, remorts es-imates summaries and such o~he~ information and mate-rials as may have been prepared or accumulated by the CO,'~,~ ~ performing this contract, both completed and in process. Upon terminasion under paragraphs A or B above, the COUNTY may take over the work or may award another party a contract to complete the work. - . If, after termination for failure of the CONTRACTOR to fulfill contractual obligations, it is determined that the CONTP~CTOR had not failed to fulfill contractual obligations, the termination shall be deemed to have been for the convenience of the COUNTY. In such event, adjustment of %he contract price shall be made as provided in parac~k C of this section. SECTION XII - _LI U~ATED DAMA____G_E_~S TIME IS OF THE ESSE.~;CE FOR THE CO~qPLETION OF THE ~<O?d-[ TO BE PERFOR3~ED. In the event that any CONTPJ~.CTOR fails to complete any task assignment on a timely basis, the COUNTY will suffer financial loss. Accordingly, the COUNTY reserves the right to assess as liquidated damages, but not as a penalty, an amount not less than the value of the task assignment divided by the number of calendar days agreed upon for' each task. Said amoun~ shall be assessed for each calendar day thereafter until the task assignment has been comnl~ted by ~ the COUNTY. · - ~,e Contractor and accepted by -13- a o SECTIOn{ XITI cUqUV,' , - ...... SION OF WORK The COUNTY may order the CONTP~.CTOR in writing to suspend, delay or interrupt all or any part of the work for such period of time as the COUNTY may determine to be appropriate for the convenience of the COUNTY. If the performance of all or any part of the work is suspended, delayed or interrupted for an unreasonable period of time by an act of the COUNTY in administration of a task assignment, or by the CO~4TY's failure to act within a reasonable time, the COUNTY shall make an adjustment for any increase in the cost of performance of a task assignment (excluding profit) necessarily caused by such unreasonable suspension, delay or interruption and modify the task assignment. However no adjustment shall be made under this clause for an}' suspension, delay or interruption to the extent: ' C o That performance would have been so suspended de'ay=S or interrupted by any other cause, includinc the fault or negligence of the CONTkACTOR; or 2. For which an ecuitable adjustment is ~ovided or excluded under any other provision of this contract. The COUNTY shall make payment to the CONTRAC?OR cf an'.- retainage withheld on a task assignmen~ prcvldei CONTRACTOR submits an invoice for such retainage. Payment shall be made in accordance with Section VIII ~".'~,-,-- retainage payment shall be made to the CONTPJ:CTOR if the suspension, delay or interruption is due to th~ negligence of the O. ~c.~.C~OR. C ,~ .... ' - .ault or SECTION XiV - CONFLICT OF I~ER~ST The State or County nay seek recovery of the costs of cleanup of specific sites from any and all respcnsibie parties a?.d must anticipate the possibility of lit.gallOn. In order ~o avoid a conflict-of-interest, or the appearance c~ a conflict-of-interest, the County requires that the CONiA%CTOR notify the COUNTY in writing within five (5) working days of the CONTRACTOR,s discovery of a potential conflict-of-interest and make such continuing disclosure throughout the term cf the contract, any present or anticipated contractual or other business relationship between the CONTRACTOR, cr any subcontractor of the CONTRACTOR, and any of the persons or entities who are, or may be, responsible for that site. The COUNTY agrees to notify the CC.,TRACTOR of all pote.nnially responsible parties for a site when such information kecones known to the COUNTY. The COUNTY shall notify the CO~/P~ACTOR within ten (10) days of receipt of such notification whether or not it deems a conflict-of-interest to exist. -14 - For the purposes of this section a CO.,~eC,OR or CONTP~CTOR's subcontractor may be deemed to have had a business relationship with one of the potentially responsible par~ies if it has had such a relationship with a parent or subsidiary, a predecessor or a successor of such party, or if it has been engaged by independent legal representatives on behalf of any such parties, as so defined. A full disclosure shall include a description of the action that the CONTRACTOR has taken or proposes to take to avoid or to mitigate such conflicts-of-interest. The COUNTY may terminate the contract if the COUNTY deems such termination to be in the best interest of the COUNTY, or may terminate the CONTRACTOR,s assignment to a particular site or sites based upon its assessment of a potential conflict-of-interest. ' SECTION XV - I,~ISURANCE The CONTkACTOR shall maintain during the life of the contract, Professional Liability Insurance, Comprehensive General and Comprehensive Automobile Liability Insurance as shall protect it from claims for damage for personnel injury, includinc accidental death, as well as claims for proper%y damage which may arise from cperatinc under this contract whether such c[~erations are by the CO.~T~.~C1OR or by anyone employed by the CCt~TRACTOR, and the amount of such insurance shall at a minimum r, eet th~ following limits: ' , · ~ A. Commrehensive General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. Business Auto I,iabilitv: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and ProDe~t,,, Damage Liability. This shall include: Owned Vehicles, }{ired and Non-Owned Vehicles and Employee Non-Ownership. C. Workers, ComR~8~O~i_~: Insurance cove~-ing all emo!oyees meeting Statutory Limits in comp!Jance with the applicable state and federal laws. The coverage must include Employers Liability with a minimum limit of $1,000,000 for each accident. Professional Liahil_i__t!{: Coverage of $!,000,000. The CONTRACTOR sha 1 1 insure ti]at a t 1 subcontractors comply with the same insurance requirements that he is -15- required to meet. The same CONTRACTOR shall provide County with certificates of insurance meeting the required insurance provisions. The insurance certificate must state the RFP Number and Title. Collier County and the State of Florida shall be included as an Additional Insured on both the Comprehensive General Liability and Business Auto Liability Policies and so noted on the Insurance Certificates. The Insurance Certificates shall also state the following: "These coverages are primary to all other-coverages the County possesses for this contract only" Collier County Board of County Commissioners shall be named as the Certificate Holder. NOTE--The "Certificate Holder" shall read as follows: Collier County Board of County Commissioners Naples, FL No County Division, Department, or individual name shall appear on the Certificate. No other format 'will he acceptable. # Current, valid insurance policies meeting the recuirement herein identified shall be maintained by Ccntractor during the duration of this Agreement. Renewal certificates shall be sent to the COUNTY not less than 30 days prior to any expiration date. There shall ke a 30 day advance notification to the COUNTY in the event of cancellation or modification of any stipulated insurance coverage. Such insurance shall not be canceled by the CONTFc:~.CTOR unless the CONTRACTOR gives the COUNTY thirty (30) days notice. If the insurer cancels such insuranc.e, the CONTPuICTOR must notify the COU~4TY within five (5) days of the CONTRACTOR's notificaticn from its insurance company. The COUNTY reserves the right to require the CO:;??~.'-.CTOR to include a site owner/operator and its employees or necessary off-site persons when access to a site is required for petroleum cleanup, as additional insureds on the CONTP~.CTOR's insurance policies. The COUNTY shali reimburse the CONTRACTOR for any additional premium required for inclusion of an off-site person on the CONTRACTOR'S insurance policies. The COUNTY reserves the right to increase the minimum required insurance coverage if such increase would be in the best interest of the State of Florida and/or the COUNTY. -16- SECTION XVI INDEMNIFICATION The CONTPJ~CTOR, in consideration of Ten [Dollars ($1@.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, any Subcontractor, or anyone directly or indirectly employed by any of them. The CONTP~CTOR'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'S limit of, or lack of insurance protection. The first Ten Dollars ($10.00) of money received on the contract price is payment of this obligation by the COUNTY. Except as specified above, loss or damage due e>:ciusively to the acts or omissions of an employee or employees of one of the parties, or exclusively to the failure of or defect in the equipment of one of the parties, shall be borne solely by the party whose employee(s) or equipment so caumed such loss or damage. Loss or damage due to the concurring acts or emissions of both parties, or the acts or omissions of a person or persons not a party to this agreement shall be borne by each of the parties as to its own employees and property in the cercentages as it shall be legally determined that each contribu%ei to the loss or damage. Upon payment in full to the CO:~TRACqOR fo:' :~e:'vice performed hereunder, the CO~;TEACTOR agrees to hold the COUNTY harm!csx with respect to claims by third persons for payment for labor, materials, and equipment used by the COI~TRACTOR in ccnnection with CONTRACTOR's perfcrmance of such services. - ' ~c EURE SECTION XVII ~On_E MAJ If a force 'majeure event occurs which causes delay or the reasonable likelihood of delay in the achievement cf the requirer, ents of th i n contract, the CONTRAC['OR c. ha] 1 prompt ly notify the COU.~;TY verbally and shall, withi.u .'-;even calendar days, notify the COUIiTY in writing of the anticipated length and cause of the delay, the mea£~ures taken or to be taken to minimize the delay, and the timetable by which the CO,iT PJ,~CTOR intends to implement these measures. I f tile parties can agree that the delay or anticipated delay has been or will be caused by a force majeure event, time for performance under this contract shall beextended for a period equal to the delay resulting frcm the force majeure event. Fcr such an extension to be effective such agreement must be confirmed by letter from the COUNTY accepting -17- or, if necessary, modifying the extension request. A force majeure event shall be an act of God, a strike, lockout, cr other industrial disturbance not involving the CONTP~CTOR, act of the public enemy, war, blockade, public riot, lightning, fire, flood, explosion, failure to receive timely necessary governmental or third party approvals, governmental restraint, and any other cause, whether of the kind specifically enumerated herein or otherwise, which is not reasonably within the control of the CONTRACTOR. In the event that the CONTRACTOR,S work is interrupted due to a force majeure event, the CONTRACTOR shall be equitably compensated for reasonable costs associated with maintaining its work force and equipment availability during the interruption, or at the option of the COUNTY, for such similar charges that are incurred by the CONTRACTOR for demobilization and subsequent remobilization. In no event shall the CONTRACTOR be recuired to maintain a field force in standby status in the field for a period in excess of five (5) calendar days. THIS AGREE:.:E.~-T shall be administered on behalf of the by the Pollution Control Departr, en~. SECTION ii X -_~_O~S_po,,:ENT PARTS OF THIS CONTP~%.CT. This Contract consists of the attached component zarns, all of ~hich are as fully a part of contract as if herein set out verbatim: Insurance Certificates, Performance Bond(s) , Exhibits I, II, III, IV and R?P .~'95-2280, and attachments. SECTIOn; XX IT IS FURTHER U.~D~.RSTOOD AND AGREED, by and between the parties herein thaz this Agreement is subject to annual budget appropriation by the Board of County Commissioners. .. SECTiOn; XXI - ~HOICE OF LAW/FO__RU?__j The parties hereby agree that any and all actions or disputes arising out of this contract shall be governed by the laws of the State of Florida; and an}' such actions shal~ be brcuc:ht in Collier County, Florida. ~ - -18- SECTION XXII - ENTIRE AGREEMENT It is hereby understood and agreed that this contract states the entire agreement and that the parties are not bound by any stipulations, representations, agreements or promises, oral or otherwise, not printed in this contract. IN WITNESS WHEREOF, the CONTRACTOR and the COUNTY, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on duplicate originals of this Acreement on the date and year first above written. ' ..' ATTEST: .". Date: (SEAL) BOARD OF COUNTY CO._UM. ISSiONERS COLLIER COUNTY, FLORIDA By: ~N C. NORRI~ ", Chairman Witness (;inn'.' :ne Pert EPM So~th, Inc. Signa.~ur~ bf Corporate O f f ic~_~/ 7./~.~',-I .. 1''~,'~~'fZ'/''cc'~ ~---" Pau. grub,:r, Pres£de.-.- Fiitness Para i{artr..ann Typed signazure and zitle CORPORATE SEAL (corporations only) Approved as to form and legal sufficiency: Tho~'as C. Palmer ~ Assistant County AtZornev -19- STATE OF FLORIDA COUNTY OF CQLLi-ER-- Before me the undersigned authority, this day personally appeared ~t~L ~,~,~ d'~ and to me weli known and known to me to be ~ /Q~-'A..'~-- and ~'/A respectively, of the Corporation named in the foregoing Agreement, and each severally acknowledged to and before me that they executed such Agreement on behalf of and in the name of said corporation as such officers; that the seal affixed to said Agreement is the corporate seal of said corporation and that it was affixed thereto by due and regular corporate authority; and they are duly authorized by said corporation to execute this agreement and that this Agreement is the free act and deed of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal this O~ day of ,~Lc H , A.D. 1996. GGY/jh6186 .,o~ary Public -20- This instrument prepared by: Heidi Ashton Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 56803520003 FOR CLERK'S USE ONLY *** 2420777 OR: 2502 ?G: 0358 *** RECORDED in OFFICIAL RECORDS of COLLIH COUNTY, FL 01/14/99 at 09:ITAM D¥IGH! E, BROCK, CHR£ COPIES 1.00 CLERK tO TH! BOARD INTEROFFICE 4TH FLOOR IX? 7240 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a certain Lien by Resolution No. 85-233 against: Miazga Adela 14123 Hoover Ave. Jamica, NY 11435-1109 The lien was recorded on December 13, 1985 Official Record Book 1168, Page 2386, in the Official Records Office of the Clerk of the Circuit Court of Collier County, State of Florida. The lien secures the principal sum of one hundred fifty dollars (150.00), plus accrued interest and penalties, if any, and imposes certain obligation against real property situated in Collier County, Florida, which property is described as follows: Marco Beach Unit 2, Block 66, Lot 19 REFERENCE: Folio #56803520003 Collier County, a political subdivision of the State of Florida, by execution of this Satisfaction of Lien, acknowledges payment as full satisfaction of the Lien and hereby cancels said Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of the Satisfaction of Lien, by action of the Board this ~ day of ~, 1999. ATTEST: DWIGHT E. BROCK, Clerk ~ as to Cha{rman's Signature onJy, BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Chairman This instrument prepared by: Heidi Ashton Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 5719256003 FOR CLERK'S USE ONLY *** 2420776 OR: 2502 PG: 0357 *** R~C ~[I 6.00 l,O0 ~tn: CLiRI TO TH! BOARD ~I? 22~0 SATISFACTION OF LIEN KNOWALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA is the owner and holder of a certain Lien by Resolution No. 98-149 against: Fleet Mortgage Corporation P.O. Box 1169 Milwaukee, WI 53201 The lien was recorded on June 22, 1998 Official Record Book 2432, Page 2524, in the Official Records Office of the Clerk of the Circuit Court of Collier County, State of Florida. The lien secures the principal sum of two hundred forty five dollars plus accrued interest and penalties, if any, and imposes certain obligation against real property situated in Collier County, Florida, which property is described as follows: Lot 9, Block 62, Golden Gate Unit 2, Part 2, According to the Map of Plat thereof as recorded in plat book 7, pages 66 through 67, ct~ the Public Records of Collier County, Florida. REFERENCE: 70923-034 35880360003 Collier County, a political subdivision of the State of Florida, by execution of this Satisfaction of Lien, acknowledges payment as full satisfaction of the Lien and hereby cancels said Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of the Satisfaction of Lien, by action of the Board this ./~ ~ day of~, , 1999. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA B~ARI~/~RA-B. BE'RR~,' Chairman RESOLUTION NO. 99-_L J 1 A HESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMEN'F OF PUBLIC NUISYLNCE, IN ACCORDANCE WITH OIeDINANCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE lq' RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the fc!icwing costs of such abatement, to wit: NAME: LEGAL DESCRIPTION: COST James Bruskay 9219 S Spaulding Ave Evergreen Park, IL 60805 Lot 3, Block 12, NAPLES 143tNOR ADDITION, according to th~ plat thereof, on file and recorded in the Public Records of Collier County, Florida, PB 3 Pages 67 and 68. $245.00 REFERENCE: 80415-035 ~62100160008 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment cf the owner. This Resolution adopted after motion, second and majority vote. DATED: ..,' J ~ ~, ' '., ":'./. ATTEST: DWIGHT E. BROCK, CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: ~2,'~ - DAVID WEiGEL COUNTY ATTORNEY CSce Ii 1/1/99 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BOARD OF COUI~TY COMMISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN James Bruskay 9219 S Spaulding Ave Evergreen Park, IL 60805 DATE: REFERENCE 80415-035 ~62100160008 LEGAL D[:SCRI?'['~"...~,: Lot 3, Block 12, NAPLES MANOR ADDITION, according to the plat thereof, on file and recorded in the Public Records of Collier County, Florida, PB 3 Pages 67 and 68. records maint:air,.,:'l by t.~le ©f£i,;e of the P:operty Appraiser, ar,.' h~.~oby advised ?.?ia% tNe C,~rr.r, llan,:.-.. .'-2ervtr:,)s Manager, did on 4/15/98, order the aba%eme.~:l c'_ a c.;.r::~:Ln nuisance e:<,~sting or~ the above properly prohibited by Ordinance 91-,;'?, set'ling rlotice thereof upon you, such nuisance being: Prohibited accumulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. Weeds over 18". You failed %o abate s,~ch n~isance; whereupon, ~t ',.'as abated by the expendltu~e of pu~3!io funds at a direct cost of $ 45.00 and administrative cost of $200.00 for a total of $ 245.00. Such costs, by Resolution c~ th,.: ?!oar~J of {l~ ~nty Commissioners of Col lie: County, i,~r ........ ~s ....... ~ . ri:st ~ie above property on .IA~4 % ,i assessNex~t. You may requests .: hearing before L:~e 5oard of County Commissioners sho~ cause, if any, why the expenses and charges incurred by the County under 5his Oxd~r~nc~} ,~ro ur]v~]rranLed o[ excessive or ~Mly such expenses should sox const;tm%e n lief; ~tgainst %he property. Such request for hearing m;ist b~ :sade %e %he Clerk of She Board of County Commissioners, Go'/err~ment Censor, Naples, F!orlda 34112 in writing w~thin thir[y (30) Cays from the date of this assessment Lo be valid. CLERK, ~OARD OF COU~IT¥ COM~4ISStONERS CSce 9- !/93 RESOLUTION NO. 99- 2 A R£SOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF ,~A.:.,.,.,~ CF PUBLIC NUiSaNCE, IN ACCORDANCE ~l"n O}~DiNA~4Cf~ 91-47. WHEREAS, as provided :n Ordinance 91-47, the direct costs of abatement of .certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and ~,r. tR_AS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners together with a description of said parcel; and ' WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof ~o the owner of said property, ]s hereby assessed the fo~ ~o',/inc costs oc ., ~- ~ s.~cn abatement, to wit: NAME: James Bruskay 9219 S Spaulding Ave Evergreen Park, IL 60805 LEGAL D~ESCRIPTIO~N£ Lot 4, Block 12, NAPLES MANOR ADDITION, according to the plat thereof, on file and recorded in the Public Records of Collier County, Florida, PB 3 Pages 67 and 68. COS___!T $245.00 REFERENCE: 80415-037 #62100200007 The Clerk of the Board shall mai! a notice of assessment of lien to ~he owner or owners of the abow~ described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy' of this Resolution shall be recorded in the official records of Col!ier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board uDon appeal of the assessment of the owner. - This Resolution adopted after motion, second and majority vote. DATED: IAi; ~ ": "'%' ATTEST: DWIGHT E. BROCK, CLERK APPROVED AS TO FORM ~ND LEGAL SUFFICIENCY: / l./, <./ /t · t'.' , DAVID WE/GEL COUNTY ATTORNEY CSce II !/1/99 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA · ,, ~ ~ ,~'-~ BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN DATE: James Bruskay 9219 S Spaulding Ave Evergreen Park, IL 60805 REFERENCE 80415-037 #62100200007 I. iEN NUMBER: LEGAL BEZc:P : .77 /C:: '. Lot 4, Block 12, NAPLES MANOR ADDITION, according to the plat thereof, on file and recorded in the Public Records of Collier County, Florida, PB 3 Pages 67 and 68. ':'o'~, as tho o'..,'::,'~r ';'. t_h,? pro.:>srty abo','e described, ,~s recorded in the records m~intain,_'.~i by the e'~l!ce ,:1 the Property Appraiser, are hereby advised that ~he Co:npiiano~ Services Manager, did on 4/15/98, order the abater~enL o: a c.~:'.a::, r~ul:~q::ce ,,:,:is'ring on the above property prohibited b7 Crdin it:c<~ )1-,;:, ~er';;n,; :;,';Lice thereof upon you, such nuisance being: Prohibited acc~ulation of non-protected mow~le vegetation in excess of 18" in height in a s~division other than Golden Gate Estates. Weeds over 18". ':'ou fai l'~ : '.~, ::;qt,. :;';~:h :~;;;.';,:h<:,>; ,.;h,,reu[,on, [ t ',;,zs asat ed b7 the expendizu:e cf ~':h~!'_' ~,2nds -~t a ,dlrecz cost of $ 45.00 and admints:.:'a':t','e ,:~_:~ ';f $200.00 for a tota[ of $ 245.00. Such costs, by Resoiu%L¢;n ~_,i 'r,,~ hberd of Ceun:y Cummissioners of Colizor County, Florida, ?:a',',2 he ::: ,~s:~esseri ,~*ja:nst the abow~ property or~ ~/',X ~ '~ *~I9~ and shaZ2 become ,, lien on the property thirty (30) days afzer such assessrner:t . You may :ecuesL ,, hearing !0,~i<):-e the Board of County Comraissioners Eo shc',: cause, ;f .:~.'/, ',,'ny ~h,~ ,~;.:penses and charges incurred by ~he County under this Crdtndnce a~e ,.]nwnrrar~ted or excessive or why such expenses should not const;''.:Le a lien ~gainst the property. Such request for hearing must i;e made to ~h,: (fleck of the Board of County Commissioners, Government Center, Naples, Florida 3,1112 in writing within thirty (30) days from the qat. e ,'~f this ,:::{sessrsent to be val id. CLKR:<, BOARD OF COUNTY COMH[SSIONERS CSce 9- } /gJ RESOLUTION NO. A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of cc~rtain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessm,:n[' shall be a lega4, w~lid and binding obligation upon the property against which made until paid; and WHEREAS, nhe assessment shall become due and payable thirty (30) days after the mai]]nq of Non]ce of Assessmen~ af5er which interest shall o,:cru,~ .~l. .~ ~..,t,: ,~l I.w,~lv,~ p,~ccnt (12.0%) pul ,~lnmm oI~ at~y unpaid portion thereof. NOW, THEREFORE, BE iT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ,COIH~IER COUNTY, FLORIDA, that the property described as follows, and having b~;en abated of a public nuisnnce after due and proper notice th,:reo[ to the owner o£ said property, is hereby assessed the following costs of such abatement, to wit: NAME: LEGAL DESCRIPTION: COST Brenda J Gable 380 School St York, PA 17402 REFERENCE: 80429-038 Lot 8, Block 2, Trail Acres Subdivision, as recorded and platted in Plat Book 3, page 50, Collier County Records. #77210600003 $245.00 The Clerk of the Board shall mail a notice of assessment of lien to the ~)wner o:' ~Jwners of :the above described property, and if such owner fails t© [Jay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of ~he assessmen~ of the owner. This Resolution adopted afser motion, second and majority vote. DATED: ATTEST: DWIGHT E. BROCK, CLERK AND LEGAL SUFFICIENCY: / .t · .'! ~ / ' I)AV[D BOARD OF COUNTY COMMISSIONERS COLLIER COUNT'.,', FLORIDA _ ,. CSce 11 1/1/99 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN 6A 7 DATE Brenda J Gable 380 School St York, PA 17402 REFERENCE 80429-038 #77210600003 LEGAL LESCR2PT:Ci;: Lot 8, Block 2, Trail Acres Subdivision, as recorded and platted in Plat Book 3, page 50, Collier County Records. You, as the owner o£ the property above described, as recorded in the records :r,:~.int:alr',erJ h,';' the c~: :ce of the Prnperty Appr,~isq: , ar~ adyised t. hn~ t h,: Cr~mF~l~]n,-:,: Services Hanager, did on 4/29/98, o[d,~r the by Ordinance 9i-.;7, serving notice thereof upon you, such nuisance being: Prohibited acc~ulation of non-protected mow~le vegetation in excess of 18" in height in a s~division other than Golden Gate Estates. Weeds over 18" You ~ailed to ,:hate such n'~:is-:nce; ..:hereupon, it was abated by the expenditure of public funds ,~' a dtr~t cost of $ 45.00 a<:i:~.ints:~razi','e cos?. :[ $200.00 for a ttta! of $ 245.00. Such costs, ~y Resolution er th,: ~oard o~ (>~unt'y Commissioners of Co]iior Chun%y, Florida, have been ~::~$,-.sse4 ~:~J:~:;t- the ~hc','e property ,.,n Jf~ ~ ,~ 1~ and shall become ,: lien on th,~ proFerty t'.hirt:y (30) days a~ter such You m~:y :-r)r:ues:- -= nearing before the Board ~,f: Count'/ Commissioners to show cause, i f any, why the ,}xpenses and charges incurred hy the County Governmen[ Cen~er, Nar¢les, Fi';rLda 3,;1i2 in writing within thirty CLEF, K, ~OAP, D OF COUNT':' COMMISSIOHERS CSce ~'- !/93 RESOLUTION NO. 99-__/ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE 91-47. WHEREAS, as provided in Ordinance 9i-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and resorted to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of Notice of Assessment after which interest shall accrue at a rate cf twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT PESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the fo!lowi, n~ costs of such abatement, to wit: NAME: LEGAL DESCRIPTION: cost Maurice R & Karen C Skiffey 8093 Glen Oaks Dr NE Warren, OH 44484 REFERENCE: 80429-051 ~57733440003 Lot number 12, Block 276, $245.00 Marco Beach Unit #8 according to the Plat thereof, recorded in Plat Book 6, page 63-68, of the PuJolic Records of Collier County, Florida. ' '"'"'":~:" il:l;:~ :~L:~:7 ~. ::"~' The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion, second and majority vote. DATED: j~ . < q~!~ ATTEST: DWIGHT E BROCK, CLERK ~'~APPi{OVE~ AS TO FORM AND LEGAL S?FF/ICIENCY: /,/,../, .: {.,-~DAVID WEIGEL COUNTY ATTORNEY BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: M~N CSce 11 1/1/99 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSP~NT OF LIEN 1 Maurice R & Karen C Skiffey 8093 Glen Oaks Dr NE Warren, OH 44484 DATE: REFERENCE 80429-051 #57733440003 LEGAL DEZCRi PTiC'.;: Lot number 12, Block 276, Marco Beach Unit #8 according to the Plat thereof, recorded in Plat Book 6, page 63-68, of the Public Records of Collier County, Florida. You, as the o'~,'rmr of th: property above <lescribed, a:~ [e,:o:ded in the a0vised their tqc qc;n~Iian?: Services Manaqer, did on 5/5/98, orde~ thc- Prohibited acc~ulation of non-protected mow~le vegetation in excess of 18" in height in a s~division other than Golden Gate ~r.J ES rates Weeds over 18" 'fou fai !ed to 4b.~t.,} such n,:[s,ince; whereupon, it was oba' ,2d b'/ the ' ' admzn~strati';c~ .:est o~ $200.00 for a to;al of $ 245.00. Such cos/s, by Resoiuti.or. of the Eoarci el rl':),;n::',' Ccr~r. issioners of Co.i ] i~.r $ounty, F'ior:sa have : ..... ~ assessed e,:ainst '~,, ah.~'.'e nronert',, of ,~' ~ ' and shai' ..... become ~: lien on t~',' pror,'~ty. ..... thirty ,'30) ddys after such assessment . hearing m:;s% be ;r, ade to the rl[erK o[ the [ioard of /Jc)t]nt_y Commisslone~s, Government f'en'aer, N~pLes, ?i,,rida 34112 [n writing within thirty days from the ,Jat:~ of th;s a~:sessmer, t !~ he '.'~id. OLEPK,.. ROARD r)p' ,~Oll::l*v COMHio~'~ONEPS.~..)~ CSce 9- ~/9] RESOLUTION NO. 99-_5____~ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF TNE ABATEMENT OF PUBLIC NUISANCE, IN ACCOED.a~NCE WITH ORDINANCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and ' WHEREAS, the cost thereof tc the County as to each parcel shall be calculated and reported to the Board of County Commissioners, tocether with a description of said parcel; and - WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessm,3nt shall become due and payable thirty (30) days after the mailing of Notice of Assessment after which interest shall accrne at a rate of tw,71v,~ pOrCcHt (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COI,i, iER COUNTY, FLORIDA, that the property described as fo]lows, .~nd },~ving b,~:~ ~bat.cd of ,1 public rluisd;1C.2 a~[er due and proper notice thereof to the owner of said property, is hereby assessed the = ' ~ - - -o~o'w~ng costs of such abatement, to wit: NAME: LEGAL DESCRIPTION: COST JP & WF Fox PO Box 2130 Hickory, NC 28603 Lot 32, PINE-VIEW VILLAS, Block "A", $245.00 A subdivision lying in the Southeast quarter (SE h) of Section 13, Township 50 South, Range 25 East, Collier County, Florida, as recorded in Plat Book 9, at Page 49, of the Public Records of Collier County, Florida. REFERENC____~E: 80518-037 #67491280003 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of tills Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion, second and majority vote. DATED: lh~ ! ~ ~¢!~: ATTEST: DWIGHT E. BROCK, CLERK ~D LEGAL SUFFICIENCY: / .,/, . ¢~'""--DAV I D WEIGEL COUNTY ATTORNEY CSce 11 - 1/1/99 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA CHA I RMAN BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN JP & WF Fox PO Box 2130 Hickory, NC 28603 REFEP~ENCE 80518-037 #67491280003 h![-]N [I[JHBE:R: Lot 32, PINE-VIEW VILLAS, Block "A", A subdivision lying in the Southeast quarter (SE ¼) of Section 13, Township 50 South, Range 25 East, Collier County, Florida, as recorded in Plat Book 9, at Page 49, of the Public Records of Collier County, Florida. You, as the owner of the property above described, as rr. corr~ed in thn records maintained by the office of the Property Appraiser, are hereby advised that the Corr, piirjnce 2,:r'/!,?..s Hanager, did on 5/18/98, order the abatement of a cerlaln nuisance e;.:is%lng on the above prope~ty prohibited by Ordinance 91-,;7, servinc notice thereof t:Don yot:, s/lch nt:~sance being: Prohibited acc~ulation of non-protected mow~le vegetation in excess of 18" in height in a s~division other than Golden Gate Estates. Weeds over 18". You failed t:o abate s,ich nuisance; ',;here'.]pon, tt was abet. ed by the expenditure of public funds at a direct cost of $ 45.00 and administrative cost of $200.00 for a total of $ 245.00. Such costs, by Resolution of th~ Board of Co,~nty Commir~sieners of Ct)Ii ier Count'/, Florida, have been assessed against 5he T~bove [;roperty on ~ ~ 2 1~i and shall becr}me ,] lien on t:l'],- prope:t.y thirty (30) <lays ~[ter such assessmen~. You may request a hearing before the Board of County Commissioners Lo show cause, if any, why the expenses and charges incurred by the County under Ibis Ordinance are unwarranted or excessive or why such e;.:peeses should not constituLe a lien against, the properly. Such request for hearing mus~ be made 5o the Clerk of the Board of County Commissioners, Government Cen%er, Naples, F'~orida 34112 in writing within Lhir%y (30} days from the da{:e of LhLs assessment to be valid. CLERk{, BOARD OF COUNTY COHHiSSIONNRS CSse ?- ~/93 RESOIJUTION NO. 99-.._6____~ A RESOLUTION OF THE []OARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, iN ACCORDANCE WITH ORDINANCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such prooerty; and - WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and - WHEREAS, such assessment shall be a legal, valid and binding oblication upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing cf Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE iT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof tc the owner of said property, is hereby assessed the following costs of such abatement, to wit: NAME: LEGAL DESCRIPTION: COST Leonard Wisniewski 2630 -35tn Ave NE Naples, FL 34120 Lots 33 & 34, BLK 5, MAINLINE SUB, PB 1, PG 98 $2,850.00 REFERENCE: 80109-018 & 80109-019 #56405240008 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion, second and majority vote. DATED: i~~ ~ : ~9~ ATTEST: DWIGHT E. BROCK, CLERK ~ttest ~s to Cha',rm~n's S~RCr~D~S TO ?~ORM A~D LEGAL SUFFiCIE~;CY: DAVID WEIGEL COUNTY ATTORNEY CSce I1 1/1/99 BOARD OF COUNTY COMMISSIONERS _O=L~ER COUNTY, FLORIDA C HA I R MAN BOARD OF COUNTY COPIMISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSM~ENT OF LIEN Leonard Wisniewski 2630 -35th Ave NE Naples, FL 34120 P. EFEI~ENCE 80109-018 & 80109-019 DATE: #56405240008 Lots 33 & 34, BLK 5, MAINLINE SUB, PB 1, PG 98 records ma!n[aineq by the elf:ce of the Property Appraiser, .~re hereby advised that the Cor:,~ii.~nc.. Services Manager, did r.n 1/9/98, order the abatement of a certain nuisa:,qe existing on the above property prohibited by Ordinance 91-,17, set'rjr.7 :,-.flee thereof upon you, such nuisance being: Acc~ul~tfon of prohfbfted exotfcs on unfmproTed land located wfthfn 200' of improved, s~divided property. Prohibited acc~ulation of non-protected mowable vegetation in excess of 18" in height in a s~division other than Golden Gate Estates. Brazilian Pepper Hedges & Weed~ over 18". You fa/led ~o abate such n':i:;nr;ce; '.;hereupon, it was ab~ted by t_h,? e:.:pencii~ure of ?:hilt funds ~t a direct cost of $ 2,650.00 and ad:n:n:str..~t:v,= c-~:-:' ,':f $200.00 for .~ tor_-_:i ,;f $ 2,850.00. Suc:: costs, b'/ Resr>lu:.i,~.;: of th::. .:!,7.-~:'d cf ':,ur:fy qorr, r~issi'-,rterr.~ of "Jollier Florida, ha',',:.~ b<.e:: ,.,:-;se:~s~,'i ,':,~in:;t t:he abo',',~ pro,.-~,.~rrty e:t .j,'~N I ) and shall kecc. me, l:,'r, ~.:: ':.,~ property thirty (30) day:; afte,~- such assessment. You ma}, request <: he~ri:tg l>,:.}re the .rN.w,r(! of .Cour:ty Co:;~mis:~io:~.ers to show cause, if .:r:'.,', '..;i;y the ,.:.::,,?rises ,and charges incurred by t'.he County under %his Ordina:~ce are u:v,inrra,~,Led or e;-;cessi'/e or why such should :~ot ,:onsr_it_ute :~ lien aqair:sh Lbo property. Such rqq,:,}st for hearing ;n~;.~;% ke ;r.,:~ie t.o th,, rtl,',rk <,f the Noa,'-cl of Cour:t.'/ C'om:.',issioners, Governme::t rle;t't.'.:, [;:p:.,~>:, }.. :: :: :.;ill ir: ,..:: it::~.~: wit!ii:; t.!:! :'*, ',' 'JLEP?', ?'2.;'.PL 0[" CO[J:;'I":' CSce 9- i / 93 RESOLUTION NO. 99-~ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE 91-47. I 8 A S WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of Notice of Assessment after which interest shall accrue az a rate of tweiye percent {12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE iT RESOI,VED BY THE BOARD OF COUNTY COMMiSSiONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NAME: LEGAL DESCRIPTION: COST William B Smith JR Craig Morris 4420 Robin Ave Lot 27, Block 21, GOLDEN GATE $245.00 Unit 2, according to the plat thereof, recorded in Plat Book 5, Page 65 through 77 of the Public Records of Collier County, Florida. REFERENCE: 80323-060 #35745840008 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of ~he above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Resolution adop[ed after motion, second and majority vote. DATED: , ~, ! ~ ,.~,- i~'. ~ ' ATTEST' '~ DWIGHt. BROCK, CLERK stgnaturr~ onit. APPROVED AS TO FORM AND LEGAL SUFFICIENCY: DAVID WEIGEL COUNTY ATTORNEY CSce 11 1/1/99 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA CHAIRMAN BOARD OF COUNTY CO~ISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN William B Smith JR Craig Morris 4420 Robin Ave Naples, FL 34104 DATE: REFERENCE 80323-060 #35745840008 LEGAL DESCB i ?TiCt;: I,[EH NUMBER: Lot 27, Block 21, GOLDEN GATE UNIT 2, according to the plat thereof, recorded in Plat Book 5, Page 65 through 77 of the Public Records of Collier County, Florida. You, as thc. c',.'ner cf th,) sr~ :)o~? ./ above (iescribed, ,Js r~t~:ord,td i n t. hr. Prohibited accumulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate '' Estates . , ,; ' Weeds over 18". You failed ::c abate such nuisance; whereupon, it was ahaterj })y the expenditure of p::~:~ic [Lznd:; .~ ~ direct, cost. r)f $ 45.00 ~]nd ,-~ admin~straz~-,,e q,;:~:: o, $200.00 fer ., ,e'.,~] of $ 245.00. ~;,:~:r: ~ro~;t:;, .... ,' )r,',r,.rt.,/ thir[./ ('0) (J,J'/s .~[ler nearing m,:sr, be rr..:d,: r o t h,. Ci,~rk ,..f t hq- f:o,~r~f of Cc)~rtL'/ rlo[ N'?Y COMMISt;IONK?:: CSce 9- i,'9~ A RESOI,UTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WIT}{ ORDINANCE 91-47. WHEREAS, as provided ir] Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS. such assessment shall be a legal, valid and binding obligation upon the property against which mnde until paid; and WHEREAS, the assessment .~ha]l become due and payable thirty {30) days after the mailing of Hotice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. HOW, THEREFORE, BE IT PES©LVED BY THE BOARD OF CO[R;TY COt~4ISSIONERS OF COLLIER COU?;TY, FI,OPIDA, that the property de:;cribed as follows, and h~,/J~lg been abated of a public nuisance after due and r, rcr,~*- notice thereof to the owner of said property, is hereby assessed the fol]owinq ccst. n of nuch abatement, to wit: NAME: LEGAL DESCRIPTION: Hubert Bird 5301 -19~ Ave SW Naples, FL 34116 REFERENC__E: 80408-050 #01134802704 COS___!T Commencing at the East h corner of Section 13,$600.00 T52S, R29E, Collier County, Florida; thence N 680-04,-26'' W 987.57 feet, said corner being the place of ending of S-837 as described in Deed Book 42, Page 142 and also the place of beginning of a 50 foot wide strip of land for County Roads as described 1n Deed Book 42, Page 303 of the Public Records of Collier County, Florida; thence S 42~-06, W 37.00 feet; thence N 52~-14, W 134.40 feet; thence N 0~-51' E 97.00 feet to "intersection point C" described in said Deed Book 42, Page 303: thence along the centerllne of 'C" Street N 88~-39' W 25.00 feet; thence N 0~-51' E 25.00 feet for a PLACE OF BEGINNING: Thence N 88~-39' N 141.78 feet; thence Nl°-21, E 100.00 feet; thence S 88~-39, E 140.91 feet; thence S 0°-51' N 100.00 feet to the place of beginning. Bearings based on the East line of the NE¼ of Sectlon 13 as bezng N 0~-02' W. The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30] days hereof, a certified copy of this Resolutlon shall be recorded Jn ~he officlal records of Collier County, to constl[ute a lien against such property according to law, unless such direction is stayed by this Board upon appeal cf the assessment of the owner. This Resolutign adopted after motion, second and majority vote. ATTEST: BOARD OF COUNTY COMt. IISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA CO~TY ATTORNEY ~t[: COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN Hubert Bird 5301 -19th Ave SW Naples, FL 34116 DATE: REFERENCE 80408-050 #01134802704 LEGAL DESC~;'ri't.';: Coramencing at the East ¼ corner of Section 13, T52S, R29E, Collier County, Florida; thence N 68°-04'-26,, W 987.57 feet, said corner being the place of ending of S-837 as described in Deed Book 42, Page 142 and also the place of beginning of a 50 foot wide strip of land for County Roads as described in Deed Book 42, Page 303 of the Public Records of Collier County, Florida; thence S 42~-06' W 37.00 feet; thence N 524-14' W 134.40 feet; thence N 0°-51, E 97.00 feet to "intersection point C" described in said Deed Book 42, Page 303; thence along the centerline of "C" Street N 88~-39' W 25.00 feet; thence N 0~-51' E 25.00 feet for a PLACE OF BEGINNING: Thence N 88~-39' N 141.78 feet; thence N 1~-21' E 100.00 feet; thence S 88~.-39' E 140.91 feet; thence S 0~-51' N 100.00 feet to the place of beginning. Bearings based on the East line of the NE h of Section 13 as being N 0~-02' W. Comp!;ance rer','ices Manager, ~tici on 4/8/98, order the abatement Prohibited accumulation of non-protected mowable vegetation in excess of 18"~ in height in a subdivision other than Golden Gate Estates. Prohibited ci~ dumping, accumulation, storage or burial of litter, waste or ~:::~andoned t'"~ proper~7 . :~. ~eeds over 18". Also~ paper, plasti¢~ bottles furniture, glass, moral etc. scattered on property. CLEPK, ~O;:PD OP' COUNTY C©HM!SSiONE S CSce 9- i/7] RESOI,UTION NO. 99-__9. A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF IL,.. ABATENENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of cert,~[n nuisances, including prescribed administrative cost incu~r,:d by Lib; COUnlzy, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, sucit assessment shall be a legal, valid and binding obliganion upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30) days ~ft. er the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE iT RESOLVED B'f THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: LEGAL DESC____~RIPTION: COST H N H Ventures 4930 -12TM Ave SW Naples, FL 34116 Lot 4, Block 226, GOLDEN GATE, Unit No. 6 according to the Plat thereof as recorded in Plat Book 5,Pages 124 through 134, of the Public Records of Collier County, Florida. $245.00 REFERENC__~E: 80528-046 ~36325040007 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal cf nhe assessment of the owner. This Reso]ution adopted ~ ~, a~t~;.-motion, second and majority vote DATED: · ATTEST: DWIGHT E. BROCK, CLERK AND LEGAL SUFFICIENCY: , ~ ' , '/ /' I ! ; , .... i.~DAVID WEIGEL COUNTY ATTORNEY CSce I1 1/1/99 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, B Y: ~ !~' ~''~'' CHAIRMAN BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSHENT OF LIEN H N H Ventures 4930 -12th Ave SW Naples, FL 34116 REFERENCE 80528-046 #36325040007 LiEH NUMBER: Lot 4, Block 226, GOLDEN GATE, Unit No. 6 according to the Plat thereof as recorded in Plat Book 5, Pages 124 through 134, of the Public Records of Collier County, Florida. ':'ou, as Lhe cwnc. r ';f the prz.:er~y above described, as recorded in the records maintained by the offire of the Property Appraiser, are hereby advised fha~ ih~ ...... r'"'~o~iance:. Ser',,[ces Manager, did on 5/28/98, order the abatement of a ,'ertain nuisance existing on the above property prohibited b',, Oriinanre 91-47, servinq ::3'..ice %hereof upon you, such nuisance .being: Prohibited acc~ulation of non-protected mow~le vegetation in excess of 18" in height in a s~division other than Golden Gate Estates. Weeds over 18" You failed Lo aha'_,% such nu~s~nco; whereupon, iL was aba~ed by the admlnlsl:'a:l:vc ,rSs% c3~ $200.00 foci- <= total of $ 245.00. Such ccsts, by ..U~ol'itlo2 ............. o! lhe :}c;:~C of ">:".~"¢ Commissioners of Collier County, Florida, have been assessed against the above proper%y on ,A~' : 1~}~{'- and shall b-aco:m~ .: l'.en or: t:-:,: property thirty (30) days after such ,'~4~(~:r L..:,r~:, Ordi.:~.~nte are unwarranted or excessive or why such exuenses. should not 'ronslLt:;%,l a lien agains% the property. Such reques~ for hearing must be made to thn Clerk of the Boart cf County Commissioners, days from ::he dale o: this 4:~sq:sr~m,):::: to is,} val L,]. ~i[.ERPi, POAP. D OF COUNTY (iOMM[SSIONEPS RESOLUTION NO. 99-_J0 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE 91-47. WHEREAS, as provided itt Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners together with a description of said parcel; and ' WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and ~H~REAS, the assessment shall become due and · ' days after the mailing of Notice of A.~ ........ paya,b.le, t}./lrty (30) ...... ~,,~.-~u a~er WhiCh interest shall accrue at a rate of twelve percent (12 0%) per annum on any unpaid portion thereof. ' NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NAME: Ram Ventures Inc % Faccooneer Tile & Marble 9853 Ta~miami Trl N STE 106-017 Naples, FL 34108 LEGAL DESCRIPTIONt COST Lot 14, Block 106, Golden $245.00 Gate, Unit 3, according to the plat thereof recorded 5, in Plat Book Pages 97 to 105, inclusive, Public Records of Collier County, Florida. REFERENCe: 80618-066 #36004160004 The Clerk of ti~e Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails hc pay such assessment within thirty (30) days hereof, a certified copy off this Resolution shall be recorded in the official records cf Cciiier County, to constitute a lien against such property according ~o law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion, second and majority vote. DATED: i ~, ~'~ ! ) ![~q'., ATTEST: DWIGHT E. BROCK, CLERK AND LEGAL SUFfiCiENCY: , · ./ DAVID NEIGEL COUNTY ATTORNEY CSce 11 - 1/1/99 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN Rain Ventures Inc % Faccooneer Tile & Marble 9853 Tamiami Trl N STE 106-017 Naples, FL 34108 DATE: REFERENCE 80618-066 #36004160004 LEGAL DESCRiiTiON: LIEN NUMBER: Lot 14, Block 106, Golden Gate, Unit 3, according to the plat thereof recorded in Plat Book 5, Pages 97 to 105, inclusive, Public Records of Collier County, Florida. You, as the owner ~, the property above described, as recorded in the recoris m,~intai.ned :~,/ the off,ce of the Property Appraiser, are hereby s~ t..at the Compliance Services Hanager, did on 6/18/98, order the aoa~_m~n~ of a c,'rtazn nu~s-~nce ezist~ng on the ubove property prohLbited by Ordinance 91-47, ser'/inq rotice thereo~ upon you, such nuisance being: Prohibited acc~ulation of non-protected mowable vegetation in excess of 18" in height in a s~division other than Golden Gate Estates. Weeds over 18". You failed to abate such r..u~sar~ce; whereupon, it was abated by the expenditure of Fuh!ic ~unds at a direct cost of $ 45.00 and adm!n:strati./,, cc:st cf $200.00 '-: a tozal of $ 245.00. Such costs, by Pesolu%icn {,f tx,~ hoard c~ ~sunty Commissioners of Collie: County, Florida, have beer: ,~ssesse.u aqair.st_ the adore property and shall be2arr, e a !~er. on t[~e proper~y thirty ({0} days after such assessment . You ma}' request a hea~ing be[o~e the Board of C.'our,ty Commissioners to snow cause, if any, why the e>:penses and charges incurred by the County under this Ordindr:c~3 ute unw~rranLr~d or o:-:cessive or why such expenses should not cons~Ltute a lien agalnst %he p:operty. SNch [equest for hearing musL be m{~cie t_o th,- Clerk of the [~oard of County Commissioners, Government Center, Naples, Florida 34112 in wri~Lng within thirty (30) days from ~he date o~ this assessmen~ Lo be valid. CLERK, BOARD OF cour;T¥ COMMISSIONERS CSce 9- 1/92 RF, SOI,UTION NO. 99-__L/~ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUIS~4CE, IN ACCORDANCE WiTH ORDINANCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessmen~ shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NAME: LEGAL DESCRIPTION: COST Clarence & Alexandra Abrams 480 Boyne St New Hudson, MI 48165 Lot 25, Block 166, Unit 5, Part--GOLDEN GATE according to plat thereof recorded in Plat Book 6, Page 118 of the Public Records of Collier County, Florida. $345.00 RE__FERENC~: 80424-053 #36240720004 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed b)' this Board upon appeal of the assessment of the owner. This Resolution adopted after motion, second and majority vote. DATED: ATTEST: DWIGHT E. BROCK, CLERK "~'<J'~'-[J, ~' 6,', . APPROVED AS TO FORM ;{ND LEGAL SUFFICIENCY: , t DAVID WEIGEL COUNTY ATTORNEY CSce 11 1/1/99 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN Clarence & Alexandra Abrams 480 Boyne St New Hudson, MI 48165 REFERENCE 80424-053 #36240720004 LEGAL D!CSC.~iP'FIOX: Lot 25, Block 166, Unit 5, Part--GOLDEN GATE according to plat thereof recorded in Plat Book 6, Page 118 of the Public Records of Collier County, Florida. You, as the owner of the property above described, as recorded in the records maintained b'/ the office of the Property Appraiser, are hereby advises '_hat the .%'c:r..plianc,? Services Manager, did on 04/24/98, o~der the abatement cf a certa:n nuisance e:.:isting on the above property prohibited b70rdin.~nce 9!-.;7, serving notice thereof upon you, such nuisance being: Acc~ulation of prohibited exotics on unimproved land located within 200' of improved, s~divided property, Large Brazilian Pepper on unimproved property. You failed to abate such zuisance; whereupon, it was abated by the expenditure cf public funds at a direct: cost of $ 145.00 and administrative cost o[ $200.00 for a total of $ 345.00. Such costs, by Resolution ~ th,: [:~oa:d o[ qou:-~ty Commissioners of Coli~er County, F'Icri~a, ha'/e be,:n assessed age, ir:st the dbove property and shall become a lien on the proper~y thfrty (30] days after such assessmen~ . You may request .: hoarln~ ~;~tore the Boa:d of Cc,~3n~y Commissioners to show c~:s,:, [ f a::y, why %h._~ e:.:penses an~ charges incurred by the County unde~ %his Qrdin~=nce dFC unwarranted or e:.:cessive or why such expenses should not consE~tuEe a lien against the property. Such request for hearing m~:st be made to the Clerk of the [~oard of County Commissioners, Government Center, ~aples, 71orida 34112 in writing within thirty (30) days from the dat,;, o[ this assossmen~ to be valid. Ci,ERK, BOARD OF COUHTY COMMISSIONERS RESOLUTION NO. 99- 12 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WIT}{ ORDINANCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed aoainst such property; and ~ WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of Notice of Assessment after which interest shall a_c~.=~' -~,= at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE iT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NAME: LEGAL DESCRIPTION: COST Bruce T & Elsye K Whitmer 420 Griffith Ave Owensboro, KY 42301 Lot 27, Block 7, Naples Manor Lakes, evidenced by plat of record in Plat Book 3, page 86,in the PuJDlic Records of Collier County. $245.00 REFERENCE: 80506-034 #62256160004 Yhe Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, Lo constitute a lien against such property according to ]aw, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion, second and majority vote. DATED: ATTEST: DWIGHT E. BROCK, CLERK Attest__ ' ,- i x ~ND LEGAL SUFFICIENCY: (- ~ D~VID ~EIGEL CO~TY ATTORNEY CSce 11 1/1/99 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA , CHAIRMAN BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSI~ENT OF LIEN Bruce T. & Elsye K. Whit met 420 Griffith Ave. Owensboro, KY 423013620 DATE REFERENCE 80506-034 #6225616000~ LEGAL DESCglPTiON: LIEN NUMBER: Lot 27, Block 7, Naples Manor Lakes, evidenced by plat of record in Plat Book 3, page 86, in the Public Records of Collier County. ':'ou, as the owner of the prc~er:y above Cescribed, as recorded in the records m.~'~:alne~! by the o~' ~n~ Property Appraiser, are hereby a~'.-~se~ :ha% ~ -~cr.p:.~anc<_- Services ~.~anager, did on 05/06/98, order the abatement of a cqrtain nuisance existing on the above property prohibited by Ordl.~,.ance 91-~;7, serving no[ice thereof upon you, such nuisance being: Prohibited accumulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. Weed over 18". You f,~i [e,J to ab.:te such nuisance; whereupon, it was abated by the ~'-'::~nd{zure of public ~ ' di .unds at ~ reel cost of $ 45.00 and acmin~ssrat;ve cost of $200.00 for a %o~al of $ 245.00. Such costs, Resoiu%lon of the Board of Count'./ Corzniss~oners of Collier County, Florida, have be,~n 4ssessed against r. he above property on ~9~ and shall '~ ~ · ~.=ccm_ a ien on Ehe proper%y thirty (30) days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the e>:penses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not cons::itu~:e a ]l+~n against r. he properly. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty (30) days ~ the date of this assessment to be valid. CLEKK, BOARD O~ COUNTY COMMISSIONERS CSce 9- i /93 RESOLUTION NO. 99-__L3___ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelye percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMiSSiONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NAME: LEGAL DESCRIPTION: COST Robert J & Leslie Fredrickson Lot 40, Block 80, Naples 2328 Mountain View Rd Park, Unit No. 6, according Stafford, VA 22554 to the plat thereof recorded at Plat Book 3, pa~e 15, Public Records of Collier County, Florida. $245.00 REFERENCE: 80507-018 #62851680002 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to !aw, unless such direction is stayed by this Board upon appeal ,of the assessment of the owner. This Resolution adopted after motion, second and majority vote. DATED: ATTEST: DWIGHT E. BROCK, CLERK Atte~ ~ TO FORM AND LEGAL SUFFICIENCY: i ,,?., / {.;,,', .... I. ~; : !,', ~-'DAV I D WEIGEL COUNTY ATTORNEY CSce 11 1/1/99 BOARD OF CO[JY~TY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: MAN BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN Robert J & Leslie Fredrickson 2328 Mountain View Rd Stafford, VA 22554 REFERENCE 80507-018 #62851680002 I.IEN [,lUMBER: LEGAL DESCR!PTIOi~: Lot 40, Block 80, Naples Park, Unit No. 6, according to the plat thereof recorded at Plat Book 3, page 15, Public Records of Collier County, Florida You, as the c>;ner of the property above described, as recorded in the records :r. ainta!ne(: ,Sy the office of the Property Appraiser, are hereby advisec that the C~>mpliance Se:vices Manager, dirJ on 05/07/98, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 9~-47, ser'/in9 notice thereof upon you, such nuisance being: Prohibited acc~ulation of non-protected mow~le vegetation in excess of 18" in height in a s~division other than Golden Gate Estates. Weeds over 18". You failed Lc abate :~uch nuisance; whe[eupcn, it was abated by the e:<penditure of ~ub!ic funds a~_ a ciirect cost of $ 45.00 and adm[nls~raLive cos5 of $200.00 for a total of $ 245.00. Such costs, by Resolution of the Soard o~ County Commissioners of Collier County, Florlda, have been assessed against the above property on J~,~ and shall oeco:r,e a lien on the property thirty (i~0) days after such assessment. You may request a hearing before 5he Board of County Commissioners to show cause, if any, why the expenses and charges incurre~ by Ehe County under this Of(Jirterlce are unwarranted or excessive or why such should not consti%u5e a lien against the property. Such request for days fr~>rr the Ja:~ o~ Lhi:s ,ssessmen% %c be valid. CLE~;~', ~OARD OF COUIIT'f COMMISSIONERS CSce 9- , '. ~ RESOLUTION NO. 1 6 A 9 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABA'?EMENT OF PUBLIC NUISANCE, IN ACCOED~CE WIT}{ ORDINANCE 91-47. WHEREAS, as provided in Ordinance 91-47, the d;r,..cz costs o~ abatement o[ certain nuisances, including prescribed ~,dministrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum cn any unpaid portion thereof. NOW, THEREF©RE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, J s hereby assessed the following costs cf such abatement, to wit: NAME: LEGAL DESCRIPTION: COST Marlene & Casimiro, Eguizabal Lot 22, Block 341 of Marco 3354 SW 123~ Ave. Beach Unit TEN, according Miami, FL 33175 to Plat thereof, as recorded in Plat Book 6, at Pages 74-79,of the Public Records of Collier County, Florida. $ 245.00 REFERENCE: #80508-047 57867160000 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion, second and majority vone. DATED: ,hr- '~ ATTEST: DWIGHT E. BROCK, CLERK To AND LEGAL SUFFICIENCY: , DAVID WEIGEL COUNTY ATTORNEY CSce 11 1/1/99 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORI[~ BY : · CHAIRMAN BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN DATE Marlene & Casimiro Eguizabal 3354 SW 123'd Ave. Miami, FL 33175 REFERENCE 80508-047 ~57867160000 LIEN NUMBER: LEGAL DESCRiP?i©N: Lot 22, Block 341 of Marco Beach Unit TEN, according to Plat thereof, as recorded in Plat Book 6, at Pages 74-79, of the Public Records of Collier County, Florida. ':'ou, as ::.~. :.',;Le~ ~ the .crcperty above described, as recorded in the records malnta:neu by ~he office of the Property Appraiser, are hereby advised that the qo:r~p!iance Services Manager, did on 05/08/98, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 9i-47, servir.~ no%ice thereof upon you, such nuisance being: Prohibited accumulation of non-protected raowable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. Weeds over 18". You' failed to abate such nuisance; whereupon, it was abar_ed by the expenditure of public funds at a direct cost of $ 45.00 and administrative cost of $200.00 for a %oral of $ 245.00. Such costs, by Resolution ~f the ~o~rd of ']ounty Commissioners of Collier County, Florida, have been assessed a'4alnst the above property on "' · :r!~ and shall become ¢~. lien on the property thirty {30) darn after such assessment . You may request a hearing before the Board of County Commissioners show cause, if any, why the e:<penses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not cons~_itute a lien against 5he property. Such request for nearing mus~: be ma,Je to ~he Clerk of 5he Board of County Commissioners, Government Cent_er, Haples, ~-lorida 34112 in writing within Lhirty (30) days from the date of this assessment to be valid. CLERK, BOARD OF COUNTY COMHISSIOHERS CSce 9- 1/93 RESOLUTION NO. 99-_1_5 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCCRD;LNCE WIT}{ ORDINANCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLOR!DA, that the property described as fcliows, and itaving been abated of a public nuisance after due and prcper notice thereof to the owner of said property, is hereby assessed the follcwir:g costs of such abatement, to wit: NAME: LEGAL DESCRIPTION: COS% Sylvia S Miller 1301 Delaware Ave SW Apt N-622 Washington, DC 20024 Lot 22 Block 191 of Marco Beach Unit Seven a Subdivision according to the Plat thereof, recorded in Plat Book 6 Page 55-62 of the Public Records of Collier County, Florida. $245.00 REFERENCE: 60513-049 ~57654880001 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion, second and majority vote. DATED: ATTEST: DWIGHT E. BROCK, CLERK ~D LEGAL SUFFICIENCY: DAVID WEtGEL COUNTY ATTORNEY CSce ti 1/1/99 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA 'CHAIRMAN BOARD OF COUNTY-COMI~ISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN Sylvia S Miller 1301 Delaware Ave SW Apt N-622 Washington, DC 20024 REFERENCE 60513-049 #57654880001 LIEN NUHBER: LEGAL DESCRI P?Z©N: Lot 22 Block 191 of Marco Beach Unit Seven a Subdivision according to the Plat thereof, recorded in Plat Book 6 Page 55-62 of the Public Records of Collier County, Florida. You, as the cwner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 05/23/96, order abatement~ of a cc.r~a~n nuisance existing on the above property prohibited by Ordinance 91-4 :, ser'z:r,q no, ice thereof upon you, such nuzsance beint!: Prohibited accumulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate O Estates. Weeds over 18". You fa;i~d un abate such nuisance; ',;hereupon, it was abated by th~ expenditure of p~:bi[c funds at a direct cost of $ 45.00 and administrative cost of $200.00 for a total of $ 245.00. Such costs, by Resolution of the Bo~':'d of County Commissioners of Collier County, Florida, he:v,:- Dc:on ,.-:ssesse','. aga:nst the aoove property on ,~'¥ ; "; and shall become a ilen on t. he property thirty (30) days after such assessment. You ma,., reques~ ~ nearing before the Board of County Commissioners to show cause, ~f any, why thc, e:,:~enses and charges incurred by ~he County under this Ordinance are ~:n;.,'arranted or e:,:cess~ve or why such expenses should no:/ const~.tuLe Pa i}en against the property. Such reqnest for hearing must be made t:o the Clerk of the Board of County Commissioners, Government Center, Naples, ?lorida 34112 in writing within thirty (30) days from %he dale of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS CSce 9- 1/93 NO. 99-i1~ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS ?ROVIDiNG FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT O? PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE 91-,17. WliEREAS, ,~:; pu~vid,~,i in Ordinnnce 91-4'7, tile direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated nnd reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding WHEREAS, ti~e assessment shall become due and payable thirty (30) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE iT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having keen abated of a public nuisance after due and proper notice thereof tc the owner of said property, is hereby assessed the following costs of such abatement, to wit: NAME: LEGAL DESCRIPTION: COST Richard M Mershad 5682 Elmgee Dr Delaware, OH 43015 Lot 18, Block 171, M. ARCO BEACH, LFNIT NO. 7, a Subdivision according to the plat thereof, recorded in Plat Book 6, Pages 55 through 62, of the Public Records of Collier County, Florida. $845.00 REFERENCE: 70407-027 #57640920001 The Clerk ct the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion, second and majority vote. DATED: i~~ : ~; !,'!~ ATTEST: DWIGHT E. BROCK, CLERK s~r~6%f6i~k's TO ~ORM AND LEGAI, .%UFFICIENCY: ,i/,. ,.," ,9'./. ~-DAVID WE IGEL COUNTY ATTORNEY CSce 11 1/1/99 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA CHAIRMAN ~; m~, BOARD OF COUNTY COM~4ISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN Richard M Mershad 5682 Elmgee Dr Delaware, OH 43015 DATE: REFERENCE 70407-027 #57640920001 LIEN IqUMBER: Lot 18, Block 171, MARCO BEACH, UNIT NO. 7, a Subdivision according to the plat thereof, recorded in Plat Book 6, Pages 55 through 62, of the Public Records of Collier County, Florida. You, as the owner of the property above describ~?c~, ,is ret:ordeal in the records maintain,.?~ b7 the office of the Property Af~pr,~is~_~r, ~r,? h(~roby advised [hat the Complianr:,~ Serv~c~; Manager, did on 08/21/97, order · .~'.' O:Si:::r, ze. 91-47, servi::,:~. :ir:rice thereof ~pon you, :such n[:isx~m,-ze heir:g: Accmulation of prohibited exotics on unimproved land located within 200' of improved, s~divided property. ~'~ Approx. 4 Brazilian Pepper Hedges & 1 Australian Pine Tree. You failed to at-:a~e such n'~isance; whereupon, ik was aba~ed by the expendl~:~re of ptx:~L~c funds at~ a direc[ cost of $ 645.00 and '' adm~nLstrat_~.;~ cost of $200.00 ~or a total of $ 845.00. Such costs, Dy Resol~:tion of th~ BoarCJ of County Commissioners of Collier County, Florid,a, have beer, assess~cJ :~gair~st r.r~e abo~,e property or, ;.g,~ ~ ) and shall b,~corne a ]ier~ or, the prcpert7 thirty (30) days tilter st]ch assessmenL. You may reques% a hedr~ng b,?fore ~he Boara of Co~:nty Commissioners to show caus~, [£ a;',y, why th,~ ~>:[~enses a~d charges incurred by ~he Ccun~y ~Jnder t}'.is ~3rdlna:~c:e are unwarrart~lecj or excessive or why such expenses should r~oz constiz~te a i~en a61a~nst. 5h(e property. Such requesz for hearing mt]st be rn~:de to the Clerk of [he Eoard of County Commissioners, Government Center, [:aples, Florida 34112 zn writing '..~ith[n thirty aays from [he date cf this assessmenz to be valid. (ih~]R.~.:, BOAR[7 OF COUI;TY CON!N]ISSIONERS CSce 9- 1/93 MEMORANDUM DATE: FEBRUARY 5, 1999 TO: MAUREEN KENYON/CLERK OF COURTS FROM: JULIE BELANGEK/CODE ENFORCEMENT RE: RESOLUTION//99-17- JULIA KOESTEL Maureen as we discussed o,,'er the phone I need Resolution # 99-17 pulled before it gets recorded due to payment received. As per your request I am for~'arding you a copy of the check ax well as the resolution. ERWtN OR JULL~ KO[-LSTEL c~E co~L rt ~90~ 3598 RESOLUTION NO. 99-.~7 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR T}[E COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WIT~{ ORDINANCE 91-47. 6Al O Wf{EREAS, ns p~ovidcd i~l Ordinance 91-4'1, the direct costs of abatement of certain nuisances, including prescribed administrative cosu incurred b'?, the Coun[y, shall be assessed agains~ such property; and WHEREAS, the cost thereof to the County as to each par-tel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon t-_he property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of Notice of Assesstnent after which interest shall accrue att a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NAME: LEGAL DESCRIPTION: COST Julia Koestel 1201 SE 43~d Terr Cape Coral, FL 33904 Lot 13, Block 85, Unit 3, Part - GOLDEN GATE, according to plat thereof recorded in Plat Book 5, Page 102 of the Public Records of Collier County, Florida. $245.00 REFERENCE: 80313-065 #35985280004 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of rthe above described property, and if such owner fails ~o pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessmen~ of the owner. This Resolution adopted after mo~ion, second and majority vote. DATED: ATTEST: DWIGHT E. BROCK, CLERK AND LEGAL ,SUF~rICIENCY: ~-~ . / ~ ~, ,,Y ,' '{/' ' DAVID WEIGEL (2'h~ COUNT'{ ATTORNEY ,-r-V BOARD OF COUN~. COMMISSIONERS COLLIER COUNTY, FLORIDA BY: CHAIRMAN BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN DATE Julia Koestel 1201 SE 43rd Terr Cape Coral, FL 33904 REFERENCE 80313-065 #35985280004 LIEN NUMBER: LEGAL ~- c - ~" u~S~R~PT~O~.~: Lot 13, Block 85, Unit 3, Part - GOLDEN GATE, according to plat thereof recorded in Plat Book 5, Page 102 of the Public Records of Collier County, Florida. You, as the owner of the properly above 'Jescribed, as recorded in %he records maintained by the effice of %he Property Appraiser, are hereby advised that the Compllance Services Manager, dlC on 03/13/98, order the abatement of a certain nuisance existing on the above preper%y prohibited by Ordinance 9i-47, serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. Weeds over 18" You failed to abaLe such nuisance; whereupon, it was abated by the expenditure o~ public funds at a direct cost of $ 45.00 and administra%ive cos% cf $200.00 for a total of $ 245.00. Such costs, by Resolution of the Board of County Commissioners of Collier County, Florida, have been assessed agalnsZ the above property on ;.~}~ ~ .} i}g,. and shall become a lien on the property thirty (30) days after such assessment. You may reques~ a hearzng before the Boar~ of County Commissioners to show cause, if any, why the expenses and charges incurred by ~he County under ~his Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of ~he Board of County Commissioners, Goverrwnent Cente~, Naples, Florida 34112 in writing w~th~n thirty (30) days from the date of this assessment to be valid. RESOLUTION NO. 99- ~2 A !~ESOLUTION Ot" TIlE BOARD Oi" COUNTY COMMiSSiONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF TIlE ABATEMENT (j[.' PUBLIC NUiS~CE, iN ACCORD~CE WITH ORDINANCE 91-47. WHEREAS, as provided in Ordinance 91-4'/, tire direct costs o[ abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof uo the County as uo each parcel shall be calculated and reported to the Board of County Commissioners, together with a descripuion of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve oercent (12.0%) per annum on any unpaid portion thereof. ' NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NAME: LEGAL DESCRIPTION: COST Beulah Mae Coleman % Berthella Wilson 217 -2nd St Immokalee, FL 34142 REFERENCE: 80324-012 #25630800008 LOT Thirteen (13) in BLOCK Eight (8) of the CARSON ADDITION in Immokalee, Florida; a subdivision duly recorded in the Office of the Clerk of the Circuit Court, in and for Collier County, Florida. $1,090.00 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board uDon appeal of the assessment of the owner. ' This Resolution adopted after motion, second and majority vote. DATED: iA" ~ ? hN ATTEST: DWIGHT E. BROCK, CLERK ~ .... DAVID WEIGEL COUNTY ATTORNEY CSce 1i 1/1/99 EOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN Beulah Mae Coleman % Berthella Wilson 217 -2nd St Immokalee, FL 34142 DATE: REFERENCE 80324-012 #25630800008 LIEN NUMBER: LOT Thirteen (13) in BLOCK Eight (8) of the CARSON ADDITION in Immokalee, Florida; a subdivision duly recorded in the Office of the Clerk of the Circuit Court, in and for Collier County, Florida. You, as ~.he owner of the sroper~,/ above described as recorded in the records maintained by the office of the Property Appraiser, ~,~ ~ ~,. :.. I a~,-~ . ....... · .... ~:r/~ces ,,:anager, did on 03/24/98, order asatemen% of a cer'-aLn nuisance e:.:~stinG on %he above sroperty prohibited by Ordinance 9l-,:l ~r','in~ ns:ice ~ .... ' ~- ~ ........ upon you, such nuisance being: Prohibited d~ping, acc~ulation, storage or burial of litter, wasteCD or ~andoned property. Paper, plastic, rags mattresses, glass, bottles, wood cages, et~ scattered on property. You failed to a0aLe such nuisance; w~,ereupon, it was abated by the e:.:senditure of r)uo:ic funcls at: a direct COSt Of $ 890.00 and administrative cost o[ $200.00 for a total of $ 1,090.00. Such costs, b'/ ResoiuEion of the Board of County Commissioners of Collier County, Florida, have been assessed against the above property on ,{~.. ~ ? and shaAl become a lien on the properly thirty (30) days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the e:<penses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made Lo the Clerk .of the Board of County Commissioners, Government Center, r:aples, Florida 34112 in writing within thirty days from the dat..? o£ this ,~ssessmen~ to Se valid. CI,EP.K, BOARD OF COUNTY COMMISSIO!.IERS RESOLUTION NO. 99- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and resorted to the Board of County Commissioners together with a descriptio~ of said parcel; and ' WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30) days after the ;nailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12 0%) per annum on any unpaid portion thereof. ' NOW, THEREFORE, BE iT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper no:ice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NAME: LEGAL DESCRIPTION: G J Byrne PO Box 958 Pocono Pines, PA 18350 REFERENCE: 80327-064 #59082600000 Lot 27, Block 4, MARCO HIGHLA/qD SUBDIVISION, according to the Plat thereof, recorded in Plat Book 3, Page 72 of the Public Records of Collier County, Florida. gOST $295.00 The Clerk of the Board shall mail a notice of assessment of lien ~o the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, [o ccnstizuze a lien against such property according to law, unless such direction is stayed by this Board upon appeal of :he assessment of the owner. This Resolution adopted after motion, second and majority vote. DATED: j .~ ~' '~ ) ~[~{i', ATTEST: DWIGHT E. BROCK, CLERK DAVID WEIGEL COUNTY ATTORNEY CSce 11 1/1/99 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: BOARD OF COUNTY COM~4ISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN 1 6 ,10 G J Byrne PO Box 958 Pocono Pines, PA 18350 DATE: REFERENCE 80327-064 #59082600000 LEGAL Dz.;~Ri PTiOU: I, IEN NUMBER: Lot 27, Block 4, MARCO HIGHLAND SUBDIVISION, according to the Plat thereof, recorded in Plat Book 3, Page 72 of the Public Records of Collier County, Florida. You, as the c;.;ner of the property above described, as recorded in the records mainza:ned by the office cf the Property Appraiser, are hereby advised that the qomr;li:~nce Services Manager, did on 03/30/98, order the abatement of -~ certain nuis~nce existing on the above property prohibited by Ordinance }i-47, serving notice thereof upon you, such nuisance being: Prohibited acc~ulation of non-protected mow~le vegetation in excess of 18" in height in a s~division other than Golden Gate Estates. Prohibited d~ping, acc~ulation, storage or burial of litter, waste or ~andoned property. Weeds over 18" Also, dead tree which has fallen to S.W. corner of lot, logs, twigs & branches. You failed ~o abate such nuisance; whereupon, it was abated by the e:':pendit',ire et pu:)ilc ft:n~s 4t a direct. Cost of $ 95.00 and administrative ccsL c.f $200.00 for ~'total of $ 295.00. Such costs, by Resolution of the Board cf County Commtssioners of Collier County, Florida, nave been assessed ar:ainst the abcve property on ,~f ' 9 and shail become ~ i:en on une property ~h~r[y [30) days after such assessment. You may request a hearing before the }loard of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordlndnce are ur',warrante! zr excessive or why such expenses should not constitute a 1 ~en against the property. Such request for hearing must h(, ::..~ ~e to th.~ Clerk o: the ~oard of County Commissioners, Gc,','ernrr, e:}t :lento-t, Nap[e:3, Flo:'ic]~ 34112 in writing within thirty days Irc;n the dale cf this assessment to be valid. CLERK, .:}OARD OF COUNTY COMMISSIONEF, S RESOLUTION NO. 99-2/1 A RESOLUTION OF TBE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDIN;~CE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall beccr~e due and payable thirty (30) days after the mailing of Notice of Assessment a£ter which i~.terest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FbORIDA, that the property described as follows, and having beet] abated cf a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NAME: LEGAL DESCRIPTION: COST Etzer Lalanne PO Box 1165 Immokalee, FL 34143 Lot 7, Block 2, South Immokalee Heights, as recorded in Plat Book 3, Page 29, Public Records of Collier County, Florida. $245.00 REFERENCE: 80604-017 #74030920005 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion, second and majority vote. DATED: ATTEST: DWIGHT E. BROCK, CLERK fuND LEGAL SUFF[C!E?;CY: ~,-~DAV I D WEIGEL COUNTY ATTORNEY CSce il i/i/99 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA CHAIRM~N BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN DATE: Etzer Lalanne PO Box 1165 Immokalee, FL 34143 REFERENCE 80604-017 #74030920005 Lot 7, Block 2, South Immokalee Heights, as recorded in Plat Book 3, Page 29, Public Records of Collier County, Florida. You, as the owner of the property above described, as recorded in records :*,~.'i::.'_ai::ed by the office of the Property Appraiser, dre hereby advised that tr-,e Compliance Services Manager, did on 6/4/98, or(les the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited acc~ulation of non-protected mow~le vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. Weeds over 18" You fali,l~l to abdte such nuisance; wheretJpon, it was dbated by the expenditure of public funds :~t a direct cost of $ 45.00 and administrative cost of $200.00 for a total of $ 245.00. Such costs, by Resolution of the f~oard of (2.ur]ty Comrniss:or~e:s of Col lief Cour~ty, Florida, have been -~ssessed acainst the above properLy on and shall becom~ ,~ l:eri on '~h,-: [;rop,~rty th]try (30) days after such You may r,;quest a he~ring before the Board of County Commissioners show cause, iff any, why th~ expenses and charges incurrnd hy t.h~ under this Ordin,~nce are unw,~rra:;ted or <N-:(:esr~ivo or ',;by such should not constitute a lien against Lne property. Such req~:est for hearing must be todd,} to t.h~} (ll~}rk of Lb,, Board of CourtLy Comrnissioners, Government: Center, fN~ples, r'lorlC,~ 34112 in writir~<j wiLl:in thirty {30) days from the d/!t.~ {..~ L}ll s ~SS,rssmentl t.:l bo v,i] CLERK, BOARD O~.' COUNTY COMHISSiO~H.iRS CSce ~- i~93 RESOLUTION NO. 99- 21 A RESOLUTION OF T~{E BOARD OI'* COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COS7' OF Tf'.'E ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WIY'}{ O.~Dii/AN,';E 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcei; and WHEREAS, such~.~.~=.~sment shai~ be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the.oroperty described as follows, and having b~=~-~ .... abated of a public nuisance after due and proper notice tner_o~ to tn~ owner of said property, is hereby assessed the following costs of such abatement, to wit: NAME: LEGAL DESCRIPTION: COST Daniel vonRabenaa, Trustee Talcott Communication Corp., Pension Plan & Trust UTD 11/30/77 20 N Wacker Dr. Ste. 1865 Chicago, IL 60606 Lot 70, GULF HARBOR, according to the Plat thereof, recorded in Plat Book 4, Page 31, of the Public Records of Collier County, Florida $ 245.00 REFERENCE: 80604-018 #48072640007 The Clcrk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion, second and majority vote. ATTEST: DWIGHT'~. BROCK, CLERK ~ND LEGAL SUFFICIENCY: C'~. DAVID WEIGEL CO~TY ATTORNEY CSce 1t - i/1/99 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA CHA I RMAN BOARD OF COUNTY COM/4ISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN Daniel vonRabenaa, Trustee Talcott Communication Corp. Pension Plan & Trust UTD 11/30/77 20 N Wacker Dr. STE. 1865 Chicago, IL 60606 REFEP. ENCE 80604-018 ~48072640007 ' *~".~...~. I:UMBER: Lot 70, GULF ~RBOR, according to the Plat thereof, recorded in Plat Book 4, Page 31, of the Public Records of Collier County, Florida. You, as the owner of the property above described, as recorded in the records maintained by the office of the Property ADpraiser, arc hereby advised that the Compliance Services Manager, did on 6/4/98, order the abatement of a certain nuisance existing on the above ?ro?crt%, ?rohibited by Ordinance 9!-47, serTin~ no,ice thereof upon you, such nuisance bei:~g: Prohibited acc~ulation of non-protected mow~le vegetation in excess of 18" in height in a s~division other than Golden Gate Estates. ~-~ Weeds over 18" expenditure o~ pu~:iic funds az a di:'ecZ ccst of $ 45.00 and administrative cost o[ $200.00 fo: a, total of $ 245.00. Such costs, by Resolution of the Board o~ County Commissioners of Colli~r County, Florida, have been assessed against t.~]e above property on · . t '.,~,] and shall become a lien on th,-. property t. hirty (30~ days after such assessment . You ma'/. recuest, a .h~,~nr'~ beforo~ the Boarc] of Cour]ty Commissioners to show cause, if ,in'/, why ts}to e;.:?}:]ses an,J charges in<::~rred by the Count,/ GovernmenL (~ent.,:~t, ~;~=rui,.r~;, F[~.rl,ua ~,i]l" itl wrltinq within thirty (30) Ci,ERK, [sOARS OF CQU[-:T':' COMMiSSi~:'~'o.,~,Ro CSce ~'- i/93 RESOLUTION NO. 99-_23_ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDTM ~ - · NANC= 91-47. 1 64,1 WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, i~lcluding prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners together with a description of said parcel; and ' WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall beccme due and payable thirty (30) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12 0%) per annum on any unpaid portion thereof. ' NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having bee:: abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NAME: Louis & Loretta Cambruzzi 3655 Goose Lake Rd. Morris, IL 60450 REFE~ENC____~E: 80605-021 #62156680008 LEGAL DESCRIPTION: Lot 10, Block 10, of NAPLES MANOR ANNEX, according to the plat thereof, on file and recorded in the Public Records of Collier County, Florida. PB1, Page 110. COST $ 245.00 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion, second and majority vote. DATED: ATTEST: DWIGHT E. BROCK, CLERK AND, LEGAL SUFFiC!EMCY: COUNTY ATTORNEY CSce 11 - 1/1/99 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ~I RMAN BOARD OF COUNTY COM14ISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN Louis & Loretta Cambruzzi 3655 Goose Lake Rd. Morris, IL 60450 DATE: REFERENCE 80605-021 #62156680008 LEGAL DESCRI PTIO};: LIE~,J NU[.IBER Lot 10, Block 10, of NAPLES MANOR ANNEX, according to the plat thereof, on file and recorded in the Public Records of Collier County, Florida. PB 1, Page 110 You, as the owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Corr. pliaace Services Manager, did orl 6/5/98, order the abatement of a certain nuisance exi~ting on the above property prohibited by Ordinance 91-47, servin~ notice thereof upon you, such nuisance being: Prohibited accttmulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. Weeds over 18". You ~ ~ai.~ed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $ 45.00 and administrative cost of $200.00 for a total of $ 245.00. Such costs, by Resolution of the Board of County Commissioners of Collier County, Florida, have been assessed against the above property on and shall become a lien on the property thirty {30) days after such assessment. You may reques~ a hearing before the Board of County Commissioners to show cause, if an}~, why the e;<penses and charges incurre~-J by the County under th~s Ordinance are unwarranted or e>:cessive or why such expenses should not constiLule a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Cea:Leu, ;2aF~les, ?iorida 34112 in writing within thirty (30) days from the dat<~ ;,f thi:~ assessment to be '/alid. CLERK, BOARD OF COUNTY COMMISSIONERS CSce 9- ]/93 RESOL, UT[ON NO. 99-23 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement o[ certain nuisances, including prescribed administrative cos~ incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported ~o tho Board of County Commissioners, together with a description o£ said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30) days after the mai~:-~.,g of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE iT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such aba~ement, to wit: NAME: LEGAL DESCRIPTION: COST Doming~aez Estate, Julio John R Dominguez P/R 74 Ashley St Bridgeport, CT 06610 Lot 8, Block 175, Unit 5, Part - GOLDEN GATE according to plat thereof recorded in Plat Book 5 Page 122 of the Public Records of Collier County, Florida. $245.00 R__EFERENC~: 80608-032 #36247840000 The Clerk of ti~e Board shall mail a notice of assessment of lien to the owner or owners of the ~bove described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collie~ ...... ,_=un,y, to constitute a lien against such Droperty according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion, second and majority vote. DATED: ATTEST: DWIGHT E. BROCK, CLERK AND LEGAL SUFFI, CIENCY: ,t I, :,,/, .! DAVID WEIGEL COUNTY ATTORNEY CSce 11 1/1/99 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA CHA I RY~.N BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN Dominguez Estate, Julia John R Dominguez P/R 74 Ashley St Bridgeport, CT 06610 DATE: REFERENCE 80608-032 #36247840000 LIEN NUMBER: LEGAL DESCRIPTION: Lot 8, Block 175, Unit 5, Part - GOLDEN GATE according to plat thereof recorded in Plat Book 5 Page 122 of the Public Records of Collier County, Florida. You, as the owner of the property above described, as recorded in the records ma~.ntain,:d h',.. ' h,.. ,.,,~ ri,.,... ,~, the Property Apprai:;er, ,'ire h~reby advised that the CcrL::iianc,~ Services Manager, did on 6/8/98, order the abatement of a ?rt_ain nuis;:nc,? e:.:i::;t:[ng om the ah<;';e .r~.~opertty by Crdlr, an~-. ~ ~ 91-47 , :;r.~'..,inc:.. z~,%;ce ,~orecf~.,,: upon you, su(:h nuisance being: Prohibited accumulation of non-protected mowable vegetation in .. excess of 18" in height in a subdivision other than Golden Gate ,-~ Weeds over 18". '' You failed to at. at.,~ SUCh :~,~i~nce; ?.'hereupon, it >,'a~ abated by the ,~ expenditure of muhlic funds at a direct cost of $ 45.00 and ~ administraz~'.'e cost of $200.00 for a total of $ 245.00. Such costs, by Resoiut~on o[ th,? hoard of County Commissioners of Collier County, Florida, have been assessed against the above property on :~'" ~ and shall become a lien on the property thirty (30) days after such assessment. You may request a hearing before the i~oard o[ County Corr~missloners to . . s.~ aha charges incurred by the County show cause, if any, ',,'hr the e:.:Den .... under this Ordlnance are unwarranted or excessive or why such expenses should not conssituse a llen against the property. Such request for hearing must be made to %he Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 [n writing within thirty (30) days from the date o£ this assessmen~ to be valid. CLERK, hOARD OF COUNTY COMMISSIONERS CSce 9- 1/93 RESOLUTION NO. 99- 2~ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30) days after the :nailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE iT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NAME: LEGAL DESCRIPTION: COS~ Noel M Williams Lot 5, Block 54, of NAPLES Pi~K $ 245.00 PO Box 792 SUBDIVISION ~{IT NO. 4, according Gallant, i~L 35957 to the plat thereof, recorded in Plat Book 3, at Page 7, of the Public Records of Collier County, Florida. REFERENCE: 80608-068 #62713760002 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described proper~y, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in [he official records of Collier County, ~o constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion, second and majority vote. DATED: ATTEST: DWIGHT E. BROCK, CLERK ~D,LEGAL SUFFICIENCY: DAVID WEIGEL CO~TY ATTORNEY CSce 11 1/1/99 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: · ' < CHAIRMAN 2515 PG' BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN DATE Noel M Williams PO Box 792 Boaz, AL 35957-0792 REFERENCE 80608-068 #62713760002 LiEN HUHBER: LEGAL D-E£CP.I PTiOi': Lot 5, Block 54, of NAPLES PAR/{ SUBDIVISION UNIT NO. 4, according to the plat thereof, recorded in Plat Book 3, at Page 7, of the Public Records of Collier County, Florida. You, as the owner o;, %he prcnc, rt7. _ /,bove~ c~scribqd,... , as ..... ~or'o~d,,r] in the records rr;aintair:e'i b'I the ,,trice el :.h,~' Property ;:h.r,:~i:;,_~r, ar~.~ hereby advised that the ~' ~ '-~ '' Ser';i ~omp.z~:.~c~; ces t,Ianager, did on 6/12/98, order the abatement of a cerLa'..q :,ui:;ar. ce existing on 1 .... above .r~roperty pr©hlbited by Ordinance ~!-47, :¢er';ir.q r,otice thereof upon you, :such nuis~nco being: Prohibited accumulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate .. Estates . Weeds over 18". 'fo,] failed ~.o abate such nuisance; ,,,'hereupon, it was abated by the '' e:.:pend~:ure of public funas at a direct cost of $ 45.00 and administrative cost: of $200.00 for a r. otal of $ 245.00. Such costs, !o':,' --~ Resciut~cn of %he Boarc 0'2 qounty C,ornmJ. ssioners of Co!tier County, Florida, have been assessec] ngai:~st the above pro[)erty on J.~'~ " and shall become a lien on ti!:,: r~r-.:;,,r,.y..... . thirty (30) days after' such assessment. You may request a hearLng be[ore the Board of Count'/ Commissioners to show cause, if any, why thc. ,;;-:penses ~nd charges incurred by the County under this Ordi:tance ar,_', un'..;,~.~-rante,] eT excessive or v;hy such e:.r}enses should not constiLu't,: a lien against the property. Such rec{ues% for hearing must be ;r,~: :c, · o '_rte Cier,h of the '2oard of County Commissioners, Government Center, ~h]ples, Florida 3.ii12 in writing within thirty (30) days from the Cate of this assessment LO be valid. CLEPK, BOARD OF COUNTY COMMISSiOHERS CSce 9- 1/93 RESOLOTIO 1 6 A 1 2. 11 A RESOLUTION OF 7'HE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of cerEain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing cf Notice of Assessment after which interest shall accrue att a rate cf twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NAME: Mabel M. & Victor Charles Albrecht 7719 Eagles Head Ct. Park Overlook Rockville, MD 20855 LEGAL DESCRIPTION: Lot 12, Block D, BROOKSIDE UNIT #2, Subdivision as recorded in Plat Book 4 at Page 83 of the Public Records of Collier County, Florida. COST $ 380.00 REFERENCE: #80511-011 24880480004 The Clerk of ~he Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty {30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion, second and majority vote. DATED: .JAN ATTEST: DWIGHT E. BROCK, CLERK A,. ,.. j<,' ,- AND LEGAL SUFFICIENCY: '~ DAVID WEIGEL COUNTY ATTORNEY CSce 11 1/1/99 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA sY: . '4, , ~"~, CHA I RMAN BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN Mabel M & Victor Charles Albrecht 7719 Eagles Head Ct. Park Overlook Rockville, MD 20855 DATE: REFERENCE #80511-011 ~24880480004 LIEN NUMBER: LEGAL DESCRIPTION: Lot 12, Block D, BROOKSIDE UNIT #2, Subdivision as recorded in Plat Book 4 at Page 83 of the Public Records of Collier County, Florida. You, as the owner of the property above described, as recordert in the records maintained by the office of the Property Appraiser, are hereby advised that the C,)mpl. iance Services Manager, d~d en 5/16/97, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice :t,hereo£ upon yot:, r~:,sh n'4isanc,.~ being: Prohibited accumulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. Prohibited dumping, accumulation, storage or burial of litter, waste or abandoned property. Weeds over 18" Pieces of concrete, tire, plastic, paper, shoes, cabbage palm debris, rotted grapefruit otc .... You failed to abate such nu:rsance; ',.:hereupon, it ,..ta:~ abated by expenditure of p,:b!tc £unds az a direct cost of $ 180.00 and a-Jministrativc. -:~s~ o.r $200.00 for a to~al of $ 380.00. Such costs, by Resolution o~ the ~ .~c.~:_.~ o~ 'Sounty Commissioners of ColLier County, Florida, have been assessed against the above property on and shall become ,~ lien on tile !)r,.:NerLy thirty {30) dnys ,~fter such assessmeEt. You may recuest .~ !,earing ?)efc:e t.!,.:? Noard of County Commissioners to sho%.,' cat:.%o, ! f !~:,'/, wily th;3 r::.:~:,l;%ses ;~%d charges incu~ r~_.d by the County under ~_,'1!5 Ordinance are unwarra,~_(~ or excessive or why such expenses should not constit~:te a lie:. against the property. Such request for bearing must t},? r.n,~e to t.!:,_~ :il,Irk (>i tho Board o~ County Commissioners, Government Center, :l.:p'.es, Fk,ur~d~ },i~[2 in writing within thirty (30) days from %he -ia%e ,}~ this 4ssessment ~o be valid. CI,EPK, i~OARD OF COUNTY COMMISSIOiIERS CSce 9- I/9 RESOLUTION NO. 99-_~___ _ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATE~ENT OF PUBLIC NUIS;~NCE, IN ACCORDANCE WITH ORDINANCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement o[ certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of Notice of Assessment after which interest shall acc~ ~ at a o rate f twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to ~.he owner' of said property, is hereby assessed the loll. owing costs cf such abar. ement, to wit: NAME[ LEGAL DESCRIPTION: COST Thomas & Lorraine Sanzalone 18297 Grace Ave. PT Charlotte, FL 33948 Lot 5, Block 8, NAPLES MANOR $245.00 LAKES according to the Plat thereof on file and recorded in the Public Records of Collier County, Florida. PB 3, Pages 86 and 87. REFERENCE: 800609-105 ~62256800005 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion, second and majority vote. DATED: ATTEST: DWIGHT E. BROCK, CLERK ~ lgn4/U~ r'~;~ ' APPROVED'AS TO FORM AND LEGAL SUFFI.CIENCY: ~}~ ~ DAVID WEIGEL COUNTY ATTORNEY CSce 11 - 1/1/99 BOARD OF COUNTY COMMISSIONERS CHAIRMAN BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSPIENT OF LIEN Thomas & Lorraine Sanzalone 18297 Grace Ave. PT Charlotte, FL 33948 DATE: REFERENCE 80609-105 #62256800005 LIEN NUHBER: LEGAL DESCRIPTiO~: Lot 5, Block 8, NAPLES MANOR LAKES according to the Plat thereof on file and recorded in the Public Records of Collier County, Florida. PB 3, Pages 86 and 87. You, as the owner of the property above described, as recorded in the records r~aintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 6/9/98, order the aba'let, eh- of a certain nuisar, ce e:<isting on the above property prohibited b',/ ~'~inan ~' ~' . ~-,~ ce ~i-,7, serving notice thereof upon you, such nuisance being~.: Prohibited accumulation of non-protected mowable vegetation in ~' excess of 18" in height in a subdivision other than Golden Gate ~? Estates. Weeds over 18" (2') . You faiieci tc abat:e such r:u:.sa:-,'ze; whereupon, it :.:as ~.~k"ated by the '' ~'_ ...... .: .... ~itur~_ o£ .c";b!ic ~runds at a direct cost of $ 45.00 and adrr:r,[sUrative cost of $200.00 for m total of $ 245.00. Such costs, bv~ Resolution of the Board of County Commissioners of Collier County, Flor:da, have been as:sessed against the above property cn JA~! '! 2 19§9 and shall become a lien on the property thirty (30) days after such You ::ay request a hearing be[ore the Board of County Commissioners to show cause, :f any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk o[ the Board of County CommissLoners, Government Center, Naples, Florida 34112 in writing wi. thin thirty (30) days from the dale ol thLs ,:ssessment to be valid. :~. ::;~ u COUNT'f COMM I SS I ONERS CLERK, '~r' ,~ OF CSce 9- 1/93 RESOLUTION NO. 99-_2_Z A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30) days af[er the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NA~E: LEGAL DESCRIPTION: COST Sunbrella Homes Inc. Lot 4, Block 158 of $ 245.00 9085 Winterview Dr. Unit 4, Part 1, Golden Gate, Naples, FL 34109 according to the Plat thereof as recorded in Plat Book 9, Pages 121-124, of the Public Records of Collier County, Florida. REFERENCE: 80615-017 #36180480006 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy cf this Resolution shall be recorded in the official records of Collie!' County, t.o constitute a lien against such property according to !aw, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion, second and majority vote. DATED: ATTEST: DWIGHT E. BROCK, CLERK A~PPR~%~E~' . TO FORM AND LEGAL SUFFI,CIENCY: DAVID WEIGEL COUNTY ATTORNEY CSce 11 1/1/99 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA CHAIRr~XN BOARD OF COUNTY COM14IS$IONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN Sunbrella Homes Inc. 9085 Winterview Dr. Naples, FL 34109 REFERENCE 80615-017 #36180480006 LEGAL DESCRiDTIOII: LIEN NUMBER: Lot 4, Block 158 of Unit 4, Part 1, Golden Gate, according to the Plat thereof as recorded in Plat Book 9, Pages 121-124, of the Public Records of Collier County, Florida. You, as the owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 6/15/98, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-,i7, servin%: notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate cD Estates. ' ' Weeds over 18". You failed to abat~ such nuisa::ce; :.:hereupon, it was abated Dy the e:.:oenditure, of. ~ .~o,'~'ii~'~.~ ~ [unds at a direct, cost o£ $ 45.00 and administrar, lve cost of $200.00 for a total c[$ 245.00. Such costs, by~ Resolution of %he Board of County Commissioners of Collier C,'}unt},, .~- Florida, have been assessed arj-~ins% the above property on i~l~ ' ' ~'~'~ and shall become a lien on the property thirty (30) clays after such assessmens. You may request a nearing before the P~oard of County Cornmiss!oP. ers to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such e:.:penses should no[ cons%itute a lien against the property. Such request for hearing .r. us:; be made to the Clerk o[ the Board of County Co;n.missioners, Government Center, Naples, Florida 34112 in writing '..,'ithtn thirty {30) days from the dale ef this assessment to be valid. CLEP, K, BOARD ,Df" COUNTY COMMISSIONERS CSce 9- 1/93 RESOLUTION NO. 99- 28 A RESOLUTION Ot7 THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WIT1{ ORDINANCE 91-47. ! 5Al 2,It WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain :luisances, i:~cluding prescribed administrative cost incurred by the County, shall be assessed against such property; and ~ ;'IHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, suet1 asses~metlt shall be a legal, va]id ar:ct bindinq obligat[o:] u[)o:l :~}1,; [)llrJl;,:ll y ,:'3,:ill::l. wI:ich made u:~til paid; ar:d ~;HEREAS, the asr~essme:]t shall become due a~:d payable thirty (30) days after the mailing o~ Notice of Assessment after which interest shall accrue a% a rake of twelve percent (12.0%) per annum unpaid portion %hereof. NOg;, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIOP~ERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after d~e and proper notice thereof to the owner of said property, i.~; h{~-reby ~]~sessed the following costs of :;uch abatement, to wit: NAME: LEGAL DESCRIPTION: COS~ Sunbrella Hom¢,s Inc. Lot 2, Block 158 of $ 245.00 9085 Winterview Dr. Unit 4, Part 1, Golden Gate, Naples, FL 34109 according to the Plat thereof as recorded in Plat Book 9, Pages 121-124, of the Public Records of Collier County, Florida. REFERENCE: 80615-022 #36180400002 The Clerk of :he Board shall mail a notice of assessment of lien to the owner or owners o£ the above described property, and if such owner fails to pay such assessment within thirty (30} days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, Lo constitute a lien again]st such property according to law, unless such direcuion is stayed by this Board upon appeal of 5he assessment of the owner. This Resolutioz] adopted after motion, second a~]d majority vote. ATTEST: DWIGHT E. BROCK, CLERK APPROVED A'S TO FORM AND LEGAL SUFFICIENCY: /'[;~'DAVID WEIGEL COUNTY ATTORNEY CSce 11 - 1/1/99 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FI~ORIDA CHAIRMAN BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSPfENT OF LIEN Sunbrella Homes Inc. 9085 Winterview Dr. Naples, FL 34109 REFERENCE 80615-022 #36180400002 LEGAL DESC? i ?IiCi:: LIEN NUMBER: Lot 2, Block 158 of Unit 4, Part 1, Golden Gate, according to the Plat thereof as recorded in Plat Book 9, Pages 121-124, of the Public Records of Collier County, Florida. You, as the owner o£ the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance f{ervices Manager, did on 6/15/98, order the abatement of a certain nuisance existing on the above property prchibfted by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited acc~ulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. Weeds over 18" You f,]~ied to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $ 45.00 and administrative cost of $200.00 for a total of $ 245.00. Such costs, by Resolution of the ~{oard of County Commissioners of Coili,3r County, ~lorida, have been assessed against the above property on .cY ~ '; 1~[~9 and shall become a lien on the property thirty (20~ days after such assessment. You may request a hearing before the [~oard of County Commissioners to show cause, if any, why the e:<penses and charges inet]fred n'/ the County under this Ordin.:~nce are unw,~[r.~ntcC or e:4cessive or why .st]ch e'..:?enses should not constittute a lien against the ~ropert7. St:ch request for hearing mugt be made ir3 the (fl~rk of the Board of County Commissioners, Government C~nter, Hap!es, [.'[or~da 34112 in writing ',;~thln thirty (30) days from the dat~3 cf this assessment to be valid. CLERK, BOARD OF COUUTY COMMISSIONERS CSce 9- 1/93 A RESOLUTION OF THE BOARD OF COUN~ ~M~ISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners together with a description of said parcel; and ' WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12 0%) per annum on any unpaid portion thereof. ' NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following ccsts of such abatement, to wit: NAME: LEGAL DESCRIPTION: ~.OST Sunbrella Homes Inc. Lot 3, Block 158 of $ 245.00 9085 Winterview Dr. Unit 4, Part 1, Golden Gate, Naples, FL 34109 according to the Plat thereof as recorded in Plat Book 9, Pages 121-124, of the Public Records of Collier County, Florida. REFERENC__~E: 80615-023 #36180440004 The Clerk of the Board shall mail a notice of assessment of lien to the owner cr owners of the above described property, and if such owner Jails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion, second and majority vote. DATED: ATTEST: DWIGHT E. BROCK, CLERK APPROVED TO FORM A~ND,LEGAL SUFFICIENCY: , ,../ ,, {/; DAVID WEIGEL COUNTY ATTORNEY CSce 11 1/1/99 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA "' ' ~iHAIRMAN BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSHENT OF LIEN I6 124 Sunbrella Homes Inc. 9085 Winterview Dr. Naples, FL 34109 DATE: I^,~, .' uq< REFERENCE 80615-023 #36180440004 LEGAL DESCRi PTIO[i: LIEN NUt4BER: Lot 3, Block 158 of Unit 4, Part 1, Golden Gate, according to the Plat thereof as recorded in Plat Book 9, Pages 121-124, of the Public Records of Collier County, Florida. YOU, as ~ .... owner of the pr©perry above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 6/15/98, order the abatement of a certain nuisar:ce existing on the above properly prohibited by Ordinance 91-47 servinc notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. Weeds over 18" You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $ 45.00 and administra[ive cost of $200.00 for ~ total of $ 245.00. Such costs, by Resolution of the ~oard 9f County Commissioners of Collier County, Florida, have been assessed against the above pro[,erEy on ,~i~ ! ? ~ and shall become a lien on the property thirty (30~ d4ys a£ter such assessment. You may request a hearing before the !:'oa:-d of County Commissioners to show cat:so, ii any, '...'h',/ tNe ~:'.'[/r, nses ar;d charges incur[cd by the County under this Ord[fla::ce are ',ir]warrant. ed or excessive or why such n;.'[}eun~c should no~ constltt:[e a lien a{lainst the property. Such reques% for hearing must be made to the Cie.,, of the Board of Count}, Commissioners, Government Center, Naples, Florzda 34112 in writing wlthin thirty (30) days from the da%~3 of this assessment to b(3 valid. CLERK, BOARD OF COUNTY COMMISSIONERS CSce 9- 1/93 RESO A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WIT}{ ORDINANCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion the?'eof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NAME: LEGAL DESCRIPTION: COST Henry Crawford 5430 Martin St Naples, FL 34113 Lot 9, Block 13, NAPLES $245.00 MANOR ADDITION, according to the Plat Book thereof, on file and recorded in the Public Records of Collier County, Florida, PB 3 Pages 67 and 68. RE___FERENCE: 80514-018 ~62101760009 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property ac:cording to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion, second and major,ny vote. DATED: ATTEST: DWIGHT E. BROCK, CLERK ~ ~natur~, ~,~. ~PP~OVE~"AS TO FORM AND LEGAL SUFFICIENCY: DAVID WEIGEL COUNTY ATTORNEY CSce 11 1/1/99 BOARD OF COUNTY COMMISSIONERS C'OLLIER COUNTY, FLORIDA CHA I RMAN BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN 16A13;! Henry Crawford 5430 Martin St Naples, FL 34113 DATE REFERENCE 80514-018 #62101760009 LEGAi, DESCRi PTIO:i: Lot 9, Block 13, NAPLES MANOR ADDITION, according to the Plat Book thereof, on file and recorded in the Public Records of Collier County, Florida, PB 3 Pages 67 and 68. You, as :h,~ o'...'nr:r ,-:f t!v, p:c,;,,rt y abo:,'~ de.scribed, ,']:; ret:or,Jori in tho records :n,~}n(rlin,.,! h'/ '~-,~ ,,;. ,'ffi'., ;,~r the ?roperty Apprniser, are advised that the ' -,- .,...,:,,~an~.e ~;e:','ic,~s Manager, did on 5/14/98, order the abaTM ~ ' of . ~..m.n,~ a certa~r: nuisa:;(:~ e;.:lst, ing on the above property prohlbited by Ordinance 9!-,17, serving not ice thereof upon you, such nuisance be:ng:~ Prohibited accumulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate '' Estates . Weeds over 18". You failed to abate such nuisance; whereupon, [t was abated b'/ the O expenditure of pui)lzc funds at a direct cost of $ 45.00 and administrative co:;t r,f $200.00 fo: ,~ tot,~i of $ 245.00. :;L~ch cost. s, by Resolution of t.h,.: ~o41:d Of (~OLi[I' y Cora:nissiorters o! (icl [ic, r Count'/, Florida, nave been ,,:4se.ss,':d ,,,'/,:ir:st the ,'~bove propert:y <,n It~" ) and s?'ail become a Lien on the property thirty (30) <L,'/s after such You may request a hearing before the Board of Count}, Commissior:ers to show cause, if any, why the o:.:?~,}nses an ] charges incurred by t_hr~ County under this Ordinance are unwarragted or e:.:cessive or wh'/ such c~:,:penses shouJd no~ constiLute a [ion ,,gainst the property. Such request, for hearing must be made to tho Ciork of the Board of Connty Commis~]oners, Government Center, i~ap].es, ['lorida 1~4112 in writinq within ~hlrt_y (3~) days from the date of this assessment to be valid. CLERK, BOARD OF COUIFI'Y COM.MISSIOHEi~,S CSce 9- 1/93 RESOLUTION NO. 99-3/___. A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF T}{E ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and . WHEREAS, such assessment shall }se a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of Notice of Assessment after which interest shall accrue a5 a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE iT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of sakd property, is hereby assessed the following costs of such abatement, to wit: NAME: LEGAL DESCRIPTION: COST Stratis & i~ntigone Koulouris 3748 Wisconsin Ave Berwyn, IL 30402 Lot 5, Block 296, PL~RCO BEACH UNIT EIGHT, a subdivision according to the plat thereof as recorded in Plat Book 6, pages 63-68, of the Public Records of Collier County, Florida. $245.0O REFERENCE: 80514-033 #57748480003 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of tile assessment of the owner. This Resoiuticn adopted after motion, second and majority vote. DATED: ATTEST: DWIGHT E. BROCK, CLERK "APPR~VEDiAS TO FORM AND LEGAL SUFFICIENCY: t/:..-/, / -'DAVID WEIGEL COUNTY ATTORNEY CSce 11 1/1/99 BOARD OF COUNTY COMMISSIONERS COLLI~p COUN':~, FLORI. DA ~.., ~.' , .,'. ;:i'~ /Z> , CHAIRMAN 721; BOARD OF COUNTY COM/~ISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN Stratis & Antigone Koulouris 3748 Wisconsin Ave Berwyn, IL 30402 DATE: REFERENCE 80514-033 ~57748480003 LEGAL DESCRIF'TIC:I: LiEN NUMBER: Lot 5, Block 296, MARCO BEACH UNIT EIGHT, a subdivision according to the plat thereof as recorded in Plat Book 6, pages 63-68, of the Public Records of Collier County, Florida. You, ar~ the o'~;P~c-r of the p£oi~erty above de,scribed, .-is recorded in the records maintain,?] by the of~[ce of tho ProF,',fly Appraise[, nfo hor,)by advised %hat the Compliance f~er'.'i,.:es :-'.anager, did on 5/14/98, ,)rd,}r the abatement of a certain nuisance e:-:i~ting on tho above [)ro~,)rty prohibited by Ordinance 9]-47, nerving nQt:ico I hereof upon you, s.~ch nuisnnco boinq: Prohibited acc~ulation of non-protected mow~le vegetation in excess of 18" in height in a s~division other than Golden Gate Estates. Weeds over 18" You failed to abate such nuisance; whereupon, it was abated b,/ the expenditure of public funds ~t a direct cost of $ 45.00 and administrative cost of $200.00 for a total of $ 245.00. Such costs, by Resolu[ion of the i?oard or County Commissioners of Collier County, ~!orida, have been assessed d-lainst the above property on ~,%~ ) If~99 and shall beccme a 1ten on t.h,7 property thirty (30) days after such a ssessmen t. You may request <~ hearing before the Board of Count./ Commissioners to show cause, if any, why tht expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made tc the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 3.11!P in writtng within thirty (30) days from the Gale of this .assessment: to b,3 valid. CLERK, BOARD OF COUNTY COHHISSIOHERS CSce 9- 1/93 ,C~-, RESOLUTION NO. 99-3~. A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by tile County, shall be assessed against such property; and WHEREAS, ,.h,. cost thereof to the County as to each parcel shall be calculated and rc'portc, d to tho [~oard of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NAME: LEGAL DESCRIPTION: Jennifer S Brandon 791 -98=~ Ave N Naples, FL 34108 REFERENCE: 80515-027 #62777640003 Lot 3, Block 66, NAPLES PARK, UNIT 5, according to the Plat thereof, recorded in Plat Book 3, at page 14, of the Public Records of Collier County, Florida. COST $390.00 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fa .... to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to cons~itute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion, second and majority vote. DATED: .i^~ ";' ATTEST: DWIGHT E. BROCK, CLERK :*.~, .- ~..,-,-, (, ~... 'APPROVED 'AS TO FORM ~ND LEGAL SU?FICIENCY: /' ,, .i, / ~.,'L-~AV I D WEIGEL COUNTY ATTORNEY CSce 11 1/1/99 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ChAIRMAN 2437589 ,DP..' 2515 PG: i024 ':.-:-:. :~. -:..."[i~ :.:'::1: -: ..... :: .... .:.~t:.' CL.:D:" .-?~ BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN Jennifer S Brandon 791 -98~n Ave N Naples, FL 34108 DATE: REFERENCE 80515-027 #62777640003 [,iEU HUMBER: LEGAL DESCRIPTION: Lot 3, Block 66, NAPLES PARK, UNIT 5, according to the Plat thereof, recorded in Plat Book 3, at page 14, of the Public Records of Collier County, Florida. You, as the owner of the p:opert7 abo'/e described, a,s rc'c,~:d,._~d in the records maintained by the office of the Property Appraiser, are hereby advised %hat the Compliance Services Manager, did on 5/15/98, order the abazement of a certain nuisance e>:isting on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited acc~ulation of non-protected mow~le vegetation in excess of 18" in height in a s~division other than Golden Gate Estates. Prohibited d~ping, acc~ulation, storage or burial of litter, waste or ~andoned property. Weeds over 18", Front & rear, tree branches, palm fronds, cut wood, downed tree, paper, plastic etc.. YOU failed to abate such auJ:~ance; whereupon, it was abated by the e:.:pendlture of p~:i)i:.c '.uncJ:, ,~:. a c~i:,~cL cost of $ 190.00 dn(J admln/~tratt/ve c,u~t, cl $200.00 for a tota~ of $ 390.00. Such costs, f'iorida, have be,,n a~;sessed aqainst the above property on .~h~; "J and shall b,~corne ,~ l:er~ or~ t.r'~ property thirty {30) days afzer such aSSeSSment. YOU r, ay request .-] hearing before the Board of County Commissioners to show cause, if an)', why the expenses and charges incurred by the County under this Ordin.]nce are u[vwafra~tod or excessive or why such expenses should not const itute a lien against the property. Such request for hearing must be made to the Cterk of the Board of County Commissioners, Government Center, Haples, Florida 34112 in writing within thirty (30) days from the date of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS CSce ~- 1/93 RESOLUTION NO. 99-33 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WiTH ORDiNaNCE 91-47. WHEREAS, as provided ir] Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and_,-~o~t=d_. ~ _ to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which ~nade until paid; and WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion ~' =~ ~ NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NAME: LEGAL DESCRIPTION: COST E B Bassichis 535 Trotwood Ridge Dr Pittsburgh, PA 15241 Lot 30, Block 167, Unit 5 Part GOLDEN GATE, according to plat thereof, recorded in Plat Book 5 Page 118 of the Public Records of Collier County, Florida. $245.00 REFERENCE: 80601-088 #36242000007 The Clerk of the Board shall mail a notice of as~:essment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified coFy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion, second and majority vote. ATTEST: DWIGHT E. BROCK, CLERK ~,tt&s~ as to Chatr~n's i~.~.~fR~l~s TO FORM AND. LEGAL SUFFICIENCY: ,, ,','/- '/ ,!' /,y~,- DAV I D WEIGEL COUNTY ATTORNEY CSce 11 1/1/99 BOARD OF COUNTY COMMISSIONERS COLLIE>.. COUNTY, FAORI~ BY: CHAIRMAN 7!21.:251 '.:. 2?.:[ii.:.l .:.:Si?L" :f ~":=: ~","z Fi, L:[' .:.:'.' ":' [:f?:"," .'L: ~C.:,.:..~ ..~..:.~. .... : -'.77, BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESS~fENT OF LIEN DATE: E B Bassichis 535 Trotwood Ridge Dr Pittsburgh, PA 15241 REFERENCE 80601-088 #36242000007 LIEN NUIdBER: LEGAL DESCRIPTiO:;: Lot 30, Block 167, Unit 5 Part GOLDEN GATE, according to plat thereof, recorded in Plat Book 5 Page 118 of the Public Records of Collier County, Florida. You, as the owner of the property above described, as recorded in the records maintained by the of£i,:o of the Property Al)praiser, a~,) heret)y advised that the Compliance Services Manager, did on 6/4/98, order the abatement of a certain nuisance existing on the above property prohibited by Crdinance 9t-47, serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. Weeds over 18". You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $ 45.00 and administrative cost cf $200.00 for a %oral of $ 245.00. Such costs, by Resoiu%ion of the Board of County Commissioners of Collier County, ~loriCa, nave beer. assessud against the above property on ,Ak 109[, and shall become a lien on the property thirty (30} days afEer st!ch assessment. You may request a hearing before the ~card of County Commissioners to show cause, if any, why the expenses and charges incurred by the County un,er this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against [he property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, [iap[es, K!crida ~4112 in writinq within thirty (30) days from %he date o~ th~s assessment ~o be valid. C[,E[~K, BOARD OF COUHTY COM[,1ISSIOI;ERS CSce 9- 1/93 RESOLUTION NO. 99-34 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WIT}{ ORDINANCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, ~he cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: _NA/4E :. Bobby Clay TR Royal Park Hammock PO Box 122 Marco Island, FL 34146 REFERENCE: 80220-095 #00776280002 ~.~GAL DESCRIPTIONi That portion of NW h of N"W ¼ of SW h of NW h lying North of US Highway ~41, That portion NE h of NW h of SW h of NW h lying North of US Highway ~41, and that portion of SE h of NW h of SW h NW h Section 36, Township 51S, Range 27E, Lying North of US Highway #41. COST $1,200.00 The Clerk of the Board shall mail a notice of assessment of lien ~,.~ owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion, second and majority vote DATED: . ATTEST: DWIGHT E. BROCK, CLERK ;'7~PPROI/ED/AS TO FORM AND LEGAL ,SUEF!CiENCY: r'-,], ,,-f, ," . f,,, ~._ DAVID WEIGEL COUNTY ATTORNEY CSce 11 1/1/99 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA t- ~ CHAIRMAN BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSHENT OF LIEN ].6A14 Bobby Clay TR Royal Park Hanunock PO Box 122 Marco Island, FL 34146 REFERENCE 80220-095 #00776280002 LEGAL 2ESCRiPTiON: DATE: LiEN NUMBER: That portion of NW h of NW h of SW ¼ of NW ¼ lying North of US Highway #41, That portion NE '4 of NW ¼ of SW ¼ of NW h lying North of US Highway ~41, and that portion of SE h of I{W h of SW h NW h Section 36, Township 51S, Range 27E, Lying North of US Highway ~41. You, as the owner of the property akc':e described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised h'nat the Comnliance Services Manager, did on 2/20/98, order the abatement of a o~rLatn nutsa:;ce e;.tlstinrj on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited dumping, accumulation, storage or burial of litter, waste or abandoned property. Paper, plastic, cans, bottles, auto parts, cardboard, old pieces of lu~nber, tires, couch & appliances etc... You falled to aba~e such nuisance; :.:hereupon, it was abated by the expenditure of p,:i}iic [unds at a direct cost 0£ $ 1,000.00 and administraLLve cosL of $200.00 for a total o~ $ 1,200.00. Such costs, by Resolution of the [:oarcJ of County Commissioners of Collier County, Florida, have been assessed against the above properly on it~,~'~ "j ~9[i and shall become ,-, lien on the property thirty (30) days aider such assessment . You may request a hearing before the Board of County Commissioners [o show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or e>:cessive or why such expenses should not const]itute a lien against the property. Such request for hearing must be .made to the CLerk of the Board of County Commissioners, Government Center, Naples, FLorida 34112 in writinq within thirty (30) days from the date of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS CSce 9- i/93 RESOLUTION NO. 99- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of Notice of Assessment after which interest shall accrue a~ a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NAME: LEGAL DESCRIPTION: COST Dreamscape Homes Inc. Paul Acosta 741 Golden Gate Blvd Naples, FL 34120 The North 75 Feet of The South 150 Feet of Tract 86, GOLDEN GATE ESTAES, UNIT NO. 50, according to the Plat thereof, as recorded in Plat Book 5 at Pages 82 and 83 of The Public Records of Collier County, Florida. $585.00 REFERENCe: 80225-022 #39329240004 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion, second and majority vote. DATED: ATTEST: DWIGHT E. BROCK, CLERK ~ '~ 9¢'a %u,' ~. 2?. i ~. APPROVED A~ TO FORM AND !LEGAL SUFFICIENCY (..'.I; ,i', ; / ! ,, DAVID WEIGEL COUNTY ATTORNEY CSce 11 1/1/99 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ,-") /--. /'-~ 7 2 "' 2-":2 :}]~ -q :1.-".:? -';C;?i i, ~ ¢,.:-.. :.%.: i; .:.:; :! {.'?; -:"- T 72:.2 BOARD OF COUNTY COMt4I$SIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSI~ENT OF LIEN Drea~scape Homes Inc. Paul Acosta 741 Golden Gate Blvd Naples, FL 34120 REFERENCE 80225-022 #39329240004 LEGAL DESCRIPTI{~.~: DATE: 0P ' 25!5 PG' i031 ZEN NUNBER: The North 75 Feet of The South 150 Feet of Tract 86, GOLDEN GATE ESTAES, UNIT NO. 50, according to the Plat thereof, as recorded in Plat Book 5 at Pages 82 and 83 of The Public Records of Collier County, Florida. 'fou, as t~'~ owner of the ~.,~ ,p,=rty above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that %ko Ccmp]iance .qervices Manager, did on 3/24/98, order the abatement o~ a certain nuisance existing on the above property prohibited by Ordinance 9i-q';, serving notice thereof upon you, such guisance being: Prohibited d~ping, acc:ulation, storage or burial of litter, waste or abandoned property. Wood, plastic, t~ & tiles in front & each side of patio bottles, 5 gal. Buckets re bar, concrete blocks etc... e>:penditu~ of ~>':b! ic funds ~:: ~ -] z.~c~ cost of $ 385.00 and administrative co:3t ol $200.00 [o~ ~ total of $ 585.00. Such costs, by Resolution of the []oard of County Commissioners of Collier County, Florida, have been assessed against the above property on and shall become a lion on t. he property thirty (30) days ~]fter such assessment . You may request a hearing belore the Board of County Commissioners to show cau:~.-~, if ~ny, why the e>:penses and charges incurred by the County under this Ordinal]ce are unwarranted or e>:cessive or why such expenses should not constit~te a lien ~gainst the property, f{uch request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, [laples, Florida 34112 in writing within thirty (30) days from the date of this assessment to be va]id. CLERk[, llOARD OF COUNTY COMMISSIONER~] CSce 9- ] /9] A REf;OLUTION OF THE BOARD OF COUNTY COMMISSIONERS tqe()VII)It,l(; FOR A.~;.~;I.',.~;.qMENT f)l.' I,[EN, ["(3~ TIlE THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORD~CE WITH ORDINANCE 91-47. ! 6A 1 44 WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by tih,: Cour~t.y, shall be assessed against ~uch property; and WI{EREAS, thc cost th,:[co£ to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property aqa]nst which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOt';, THEREFORE, BE I- RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as fcliows, and ha'.zing been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NAME: LEGAL___DESCRIPTION: COST Maybell Anderson 820 Springfield Cir Salisbury, MI) 21804 REFER____ENC~: 80309-053 #00767440000 Lot #24 MIRRA PARK, Beginning at N.W. corner section 20 T-51-S R-27-E Ran S 0°16'00'' W209.84 feet to iron pin then S 89027, 40"E 452.35 feet to iron pin being point of beginning, then S 0°12'20"W 135.0 feet to iron pin then N 89o27'40" W 60.0 feet to iron pin then N 0°12'20',E 135.0 feet to iron pin then S 89° 27'40"E 60.0 feet to point of beginning. Lot #25 MIRRA PARK, Beginning at N.W. corner Section 20 T-51-S R-27-E Ran S 0~ 16'00"W 209.84 feet to iron pin then S 89° 27'40"E 392.35 feet to iron pin being point of beginning''i.. then S 0° 12'20"W 135.0 feet to pin then N 89° 27'40"W 60.0 feet to iron pin then N 0° 12'20"S 135.0 feet to iron pin the S 89° 27'40"E 60.0 feet to point of beginning. $2,950.00 The Clerk of the Board shall mail a notice of assessment of to the owner or owners of the above described property, and if such:;; ;:: - owner fails to pay such assessment within thirty (30) days hereof, a ........ certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property. according to law, unless .~uch direction is stayed by this Board upo~'i'~ appeal of the assessment of the owner. '... BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN Maybell Anderson 820 Springfield Cir Salisbury, MD 21804 REFERENCE 80309-053 ~00767440000 LEGAL DESCRIPTION: DATE: LIEN NUMBER: Lot #24 MIRRA PARK, Beginning at N.W. corner section 20 T-51-S R-27- E Ran S 0°16'00'' W 209.84 feet to iron pin then S 89°27'40"E 452.35 feet to iron pin being point of beginning, then S 0°12'20"W 135.0 feet to iron pin then N 89°27'40'' W 60.0 feet to iron pin then N 0°12'20"E 135.0 feet to iron pin then S 89° 27'40"E 60.0 feet to point of beginning. Lot #25 MIRRA PARK, Beginning at N.W. corner Section 20 T-51-S R-27-E Ran S 0° 16'00"W 209.84 feet to iron pin then S 89° 27'40"E 392.35 feet to iron pin being point of beginning then S 0° 12'20"W 135.0 feet to iron pin then N 89° 27'40"W 60.0 feet to iron pin then N 0° 12'20"S 135.0 feet to iron pin the S 89° 27'40"E 60.0 feet to point of beginning. You, as the owner of the property above described, as recorded in the records maintained by the office cf the Property Appraiser, are hereby advised ~hat the Complianc<? Services Manager, did on 3/19/98, order the abatement of a certain nuisance ezisting on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Accumulation of prohibited exotics on unimproved land located within 200' of improved, subdivided property. Brazilian Pepper Hedges. 'fou failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $ 2,750.00 and administrative ccst of $200.00 for a total of $ 2,950.00. Such costs, by Resolution of the Board of County Commissioners of Collier County, ~lorida, have been assessed against the above property on .'" ''~ i9!~9 and shall become a lien on the property thirty (30} days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, ~Jhy the e?:genses and charges incurred by the County under this Ordinance are unwarranted or e}:cessive or why such eMpenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty (30) days from the date of this assessment to be valid. CLEPF, [%OARD OF COUNTY COMMICSI©N~PC This Resolution adopted after motion, second and majority vote. DATED: JAN ~ ~ lqg9 ATTEST: DWIGHT E. BROCK, CLERK s~gnature onl3. APPROVED AS TO FORM AND LEGAL SUFFICIENCY: DAVID WEIGEL CO~TY ATTORNEY BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA csce ii - 1/i/99 RE A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDIN,~NCE 91-47. 16A14 WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing o£ Notice of Assessment a£ter which interest shall accrue at a rate cf twelve percent (12.0%) per annum on any unpaid oortion thereof. NOW, THEREFORE, BE Iq' RESOLVED BY THE BOARD OF C©UNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner o~ said property, is hereby assessed the follcwing costs of such abatement, to wit: NA_~E: LEGAL DESCRIPTION: Clarence & Alexandra Abrams 480 Boyne St New Hudson, MI 48165 Lot 25, Block 166, Unit 5, Part--GOLDEN GATE according to plat thereof recorded in Plat Book 6, Page 118 of the Public Records of Collier County, Florida. COST $245.00 REFERENCE: 80708-027 #36240720004 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion, second and majority vote. DATED: .iA~ ! ~ ]9~~ ATTEST: DWIGHT E. BROCK, CLERK AND LEGAL SUFFICIENCY: .; ,I'<.. !. ' -,.'., DAVID WE iGEL COUNTY ATTORNEY BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: CSce 11 1/1/99 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSI~ENT OF LIEN Clarence & Alexandra Abrams 480 Boyne St New Hudson, MI 48165 REFERENCE 80708-027 ~36240720004 LEGAL DESCRi PTiOii: Lot 25, Block 166, Unit 5, Part--GOLDEN GATE according to plat thereof recorded in Plat Book 6, Page 118 of the Public Records of Collier County, Florida. You, as the owner of the prcpert7 abc'se described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Cc,/n?liance Ser'/ice:3 ~4anager, did or, 7/8/98, order the abatement of a certain nuisance ezisting on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited acctunulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. Weeds over 18". You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $ 45.00 and administrative cost of $200.00 for a total of $ 245.00. Such costs, by Resolution of the Board of County Co,~issioners of Collier County, Florida, have been assessed against the above property on i~ ~) %q99! and shall become a lien on the property thirty (30) days after such assessmen[. 'fou may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or e×cessive or why such expenses should not constitute a lien against the property. Such request [or hearing must be made to the CLerk of the Board of County Commissioners, Government Center, I~aples, Florida 34112 in writing within thirty (30) days [rom the date of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS CSce 9- 1/93 RESOLIITION NO. 99- 38 !6A15, A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF TIlE ABATEMENT OF PUBi,IC NUISANCE, IN ACCORDANCE WiTH ORDINANCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs cf abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing cf Notice of Assessment after which interest shall accrue an a rate cf twelve percent {]2.0%) per annum on any unpaid porticn thereo[. NOW, THEREFORE, BE iT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following ccsts of such abatement, to wit: N~E:. LEGAL DESCRIPTION: COST Alberta J McLenon 4790 Pine St Naples, FL 34112-6429 The South 173 feet of the East 130 feet of the East h of the Southeast h of the Southwest h of Section 14, Township 50 South, Range 25 East, less and except 50' State Road Department right-of-way. $500.00 REFERENCE: 71022-079 #00395040005 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion, second and majority vote. DATED: ATTEST: DWIGHT E. BROCK, CLERK ~D LEGAL SUFFICIENCY: DAVID WEIGEL COUNTY ATTORNEY CSce 11 1/1/99 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: ~RMAN BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSI~ENT OF LIEN I6A15 DATE: Alberta J McLenon 4790 Pine St Naples, FL 34112-6429 REFERENCE 71022-079 #00395040005 LIE~ NUMBER: LEGAL DESCRI?TIOU: The South 173 feet of the East 130 feet of the East h of the Southeast h of the Southwest h of Section 14, Township 50 South, Range 25 East, less and except 50' State Road Department right-of- way. You, as the owner of the property above described, as recorded ~n the records maintained by the office of the ?roperty Appraiser, are hereby advised that the Compliance Services Manager, did or] 12/10/97, order the abatement of a certt]in nuis~-Jnce ezistzng on the above property prohibited by Ordinance 9!-47, serving notice ~?~erecf upon you, such nuisance being: Prohibited accu~nulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. Prohibited duraping, accumulation, storage or burial of litter, waste or abandoned property. Weeds over 18". Abandoned boat, wood, car parts, plastic etc... You failed to abate such nuisance; whereupon, it was abated by the expenditure of pub]it fund.~ at a (~'irect cost of $ 300.00 and administrative c~;{t of $200.00 fo} a total of $ 500.00. Such costs, by Resolution of th,z Bo~rd of Co~nty Ccrnrnissioners of Collier County, Florida, have beer. assessed against the above property on and shall become a lien on the property thirty (30) days after such assessment. You may request a i]earing b~3fore thq ['~oard o~ County Commissioners to show cause, if ;~ny, why m!~e e:-:pense.~ ~n(i charges incurred by the County under this O~dir. a::c,: dre ~:riwd~r~nted or excessive or why such expenses should not cons[ituEe a lien ~%gainst the property. Such request for hearing must be made to the CLerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty (30) days from the date of this ~l.~sessment ~o be valid. CLERK, BOARD OF COUNTY COMMISSIONERS CSce 9- :,/93 MEMORANDUM DATE: FEBRUARY 5, 1999 TO: MAUREEN KENYON/CI.ERK OF COURTS FROM: JULIE BELANGER/CODE ENFORCEMENT RE: RESOLUTION #"S 99-39, 99-40, 99-41/GALAN Maureen please puli the above resolutions before they get recorded. Payment of $735.00 has been made ($245.00 each case). I have also attached copies of the checks and the resolutions. Please e-mail me (belanger_j) or call me 403-2411 to confirm you received this memo and the resolutions are pulled. (~ks RESOLUTION NO. 99- 39 A RESOLUTION OF THE BOARD OF COUNTY 'COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE !T RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NAME: LEGAL DESCRIPTION: COST Andres & Felipa P Galan 6110 Taylor Rd Immokalee, FL 34142 The North 77 feet of the South 539 feet of the West h of the Northeast h of the Northeast h of the Southwest h of Section 33, Township 46 South, Range 29 East, Collier County, Florida. The West 30 feet reserved for Roadway Easement. $245.00 REFERENCE: 80626-010 #00086520009 The Clerk of the Board shall mail a notice of assess~nent of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion, second and majority vote. DATED: ATTEST: DWIGHT E. BROCK, CLERK ~¥,R~mBs TO FO~M /~ND LEGAL SUFFICIENCY: D~VID WEIGEL COUNTY ATTORNEY BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: '~-\ CHA~IR~ CSce 11 - 1/1/99 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN 16A15 Andres & Felipa P Galan 6110 Taylor Rd Immokalee, FL 34142 REFERENCE 80626-010 #00086520009 LEGAL DESCRI DATE: The North 77 feet of the South 539 feet of the West ¼ of the Northeast h of the Northeast h of the Southwest h of Section 33, Township 46 South, Range 29 East, Collier County, Florida. The West 30 feet reserved for Roadway Easement. You, as the owner of the Drr,p,~rt:y ;,t)r~vr~ rln:~c:rihe~t, a:~ r~-'r)rded irt l:he records maintained b'/ the office of the Property Appraiser, are hereby advised that l:he Cc)mD] lance ,~er /ic'r,s 14anager, did on 6/26/98, ()[(ler the abatement of a cerr. ain nuisance existing on the above [)roperty prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited acc~ulation of non-protected mow~le vegetation in excess of 18" in height in a s~division other than Golden Gate Estates. Weeds over 18" You failed %o abate such nuisance; whereupon, it was abated by the o..g~nd~c,;~ or public funds aL a dLrect cost of $ 45.00 and administrative cost of $200.00 for a total of $ 245.00. Such costs, by Resotuclon of the Board of County Commissioners of Collier County, F!orida, have been assessed against the above property on "~' :'qqO and shall become <~ lien cn the ?roperty thirty (30) days after such assessment. ¥cu s~ay feet]est ,~ he~ring b~-:fc~re the Board of Count'f (7omm]ssioners to show cause, if any, whV the e:<penses and charges incurred by the County under this Ord[nmnce are unwarranted or excessive or why such expenses shoul~ no~ consr.:t~]te ~ lien against the property. Such request for hearing must ~;o :':.:~d · L.2 thc '.3~,:~rk (~]] tho }~c)~rd o[ C(~]nE'f ,Sc, mm[ssioners, Government. Cest. e:, t~a?~es, Florida 34!['~ ~n writing ,..~ith[n thirty ('30) days [rom r.b,e ~Jate o~ %hlr~ assessment to be valid. C/L.E[~F', ~OARD OF COUNT'f COF',FIlS 'lONERS RESOI_,UTION NO. 99-_&0.._- A RE.~J(JI,[J'FiON OF 'DiE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF I,IEN, FOR T~{E COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WI'Fl[ ORDINANCE 91-,t7. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; a nd W}{EREAS, th~ cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RE.UOLVED 2Y TIlE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abatod of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NAME: LEGAL DESCRIPTION: COST Andres & Felipa Galan 6110 Taylor Rd Immokalee, FL 34142 The North 77 feet of the South 462 feet of the West h of the Northeast ¼ of the Northeast h of the Southwest h of Section 33, Township 46 South, Range 29 East, Collier County, Florida. $245.00 REFERENCE: 80626-014 #00087480106 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified cop7 of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion, second and majority vote. DATED: tg~J ~' 'I?,~.: ATTEST: '' DWIGHT E. BROCK, CLERK AND LEGAL SUFFI,CIENCY: DAVID W~IGEh COUNTY ATTORNEY BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FI,ORIDA / ) BY CHRIRMAN CSce 11 1/1/99 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSI~ENT OF LIEN 16 15 DATE: i~J ~ ~ !',}9! Andres & Felipa Galan 6110 Taylor Rd I~unokalee, FL 34142 REFERENCE 80626-014 ~00087480106 LI~N NUHBER: LEGAL DESCRIPTIO~: The North 77 feet of the South 462 feet of the West h of the Northeast h of the Northeast h of the Southwest h of Section 33, Township 46 South, Range 29 East, Collier County, Florida. You, as the owner of the property above described, as recorded in the records maLntained by the o£fice of the Property Appr,,i:;er, .~re hereby advised that the Compliance Services Idanager, did on 6/26/98, order the abatement of a certain nuisance e×isting on the above p~operzy prohibited by Ordinance 91-4'1, serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. Weeds over 18" You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $ 45.00 and administrative cost of $200.00 for a total of $ 245.00. Such costs, by Resolution of the Board of County Commissioners of Collier County, Florida, have been assessed against the above property on i~J ' ~ .~ and shall kecome a lien on [he property thirty (30) days after such assessment. You may request a hearing before the Boar(] of County Commissioners to show cause, if any, why the e×penses and charges incurred by the County under chis Ordinance are ~]nwarran~ed or excessive er why such expenses should not CoRSkiZu%e a lion against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within %hirty (30) days from the date of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS CSce 9- 1/93 MEMORANDUM DATE: FEBRUARY 5, 1999 TO: MAUREEN KENYON/CI-ERK OF COURTS FROM: JULIE BELANGER/CODE ENFORCEMENT RE: RESOLUTION #"S 99-39, 99-40, 99-41/GALAN Maureen please pull the above resolutions before tlaey get recorded. Payment of $735.00 has been made ($245.00 each case). I have also attached copies of the checks and the resolutions. Please e-mail me (belanger_j) or call me 403-2411 to confirm you received this memo and the resolutions are pulled. (~ks A R=SOmUTION Or THE BOARD OF CO TY COMMISSIONERS gA 1 5 PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County shall be assessed against such property; and ' WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners together with a descriptio~ of said parcel~ and' WHEREAS, such assessmen~ shall be a legal, valid and binding obligation upon the proper~y against which made until paid; and WHEREAS, ~he assess;nenn shall become due and payable thirty (30) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and ha'zing been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: N___~E ~ L__EGAL DE___SCRIPTION~ COS___!T Andres & Felipa Galan Commencing at the NW corner $245.00 6110 Taylor Rd of the NE quarter of the NE Immokalee, FL 34142 quarter of the SW quarter of Section 33, Township 46 South, Range 29 East, Collier County, Florida, run Southerly 30 feet along the West line of said parcel to the point of beginning, said point being on the South right-of-way line of Lake Trafford Road; continue Southerly 99.10 feet along said line; thence Easterly 166.06 feet parallel with the south line of said parcel; thence northerly 99.20 feet to the south right-of-way line of Lake Trafford; thence Westerly 166.06 feet along said right of way line to the Point of Beginning. The West 30 feet reserved for road REFERENCE: way easement. 80626-015 #00087480203 The Clerk of the Board shall mail a no[ice of assessmen[ of lien to the owner or owners of [he above described property, and if such owner fails [o pay such assessmen~ within [hirty I30) days hereof, a certified copy of 5his Resolution shall be recorded in the official records of Collier County, to constitute a lien agains~ such property according to law, unless such direction is stayed by this Board upon appeal of ~he assessment of the owner. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN Andres & Felipa Galan 6110 Taylor Rd Immokalee, FL 34142 REFERENCE 80626-015 #0008748020q LEGAL DESCRIPTiO?;: LIEH HUMBEP,: Commencing at the NW corner of the NE quarter of the NE quarter of the SW quarter of Section 33, Township 46 South, Range 29 East, Collier County, Florida, run Southerly 30 feet along the West line of said parcel to the point of beginning, said point being on the South right-of-way line of Lake Trafford Road; continue Southerly 99.10 feet along said line; thence Easterly 166.06 feet parallel with the south line of said parcel; thence northerly 99.20 feet to the south right-of-way line of Lake Trafford; thence Westerly 166.06 feet along said right of way line to the Point of Beginning. The West 30 feet reserved for road way easement. You, as the owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that ~ t.,_ Compliance Services [';anager, did on 6/26/98, order the abatement cf a certain nuisance existing on the above property prohibited by Ordinance 9t-,~7, serving notice thereof upon },et], s~:ch nuisance being: Prohibited accumulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. Weeds over 18". You failed to abat,? such nui:~ance; whereupon, it was abated by the e;-;penditure of oub[ic funds at a direct cost of $ 45.00 and a~J;7'inistra%i'/e 'wo.~'- ¢)f $200.00 for ~ total o£ $ 245.00. Such costs, by m-so.ution o~ the :~'.rd of f;~>u::t7 Commissioners of Collier CounEy, Florida, h~ve bec. n assessed ,-.'~:~inst the above property on ,f~ ; !gg[~ and shall become a lien on the property thirty (30} days after such assessment. You may recuest a hearing ' ~ the Board of County Commissioners to show cause, if ar:7, :'.'h7 tko e:.:Fenses and charges incurred by the County under this Ordina:;,:,? are unwarranted or e:-:cessive or why such expenses should not const_itut,~ a lien ~gainst the property. Such request for hearing r, ust be m,~de to the Clerk of the Board of County Commissioners, Government Cea%er, ~:aples, Florida 34112 in writing within thirty (30} days from the date of this assessment to be valid. CLERK, BOARD OF COUNTY COMMIbSIONERS CSce 9- !/93 I6~15 This Resoluzion adopted after motion, second and majority vote. DATED: .IA.~ ~ 2 ~o~.', ATTEST: DWIGHT E. BROCK, CLERK s ~ ~,kqS,0~-,iks~ TO ~D LEGAL SUFFICIENCY: / , ,~, /~1 L.~ j~ DAVID~ CO~TY ATTORNEY BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA R MAN CSce 11 1/1/99 MEMORANDUM DATE: FEBRUARY 5, 1999 TO: MAUREEN KENYON/CLERK OF COURTS FROM: JULIE BELANGER/CODE ENFORCEMENT RE: RESOLUTION #"S 99-39, 99-40, 99-41/GALAN Maureen please pull the above resolutions before they get recorded. Payment of $735.00 has been made ($245.00 each case). I have also attached copies of the checks and the resolutions. P/ease e-mail me (belanger_j) or call me 403-2411 to confirm you received this memo and the resolutions are pulled. (~ks RESOLUTION NO. A RESOLUTION OF ~ ~ ~.{E BOARD OF COUNTY COMMISSIONERS PROViDiNG FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBI, IC NUIS;~CE, IN ACCORDANCE WITH ORDINANCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such proeer~y; and c ~ WHEREAS, the cost thereof to the Count}, as to each parcel shall be -azculated and reported to the Board of County Commissioners, togethor with a description of said parcel; and - WHEREAS, such assessment shall be a legal valid and binding obligation upon the ~ =~, ' p~op__~y against which made until paid; and WHEREAS, the assessment shall become due and payable thirty I30) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof tc the owner of said property, is hereby assessed the following costs of such abatement, to wit: NAME: LEGAL DESCRIP_____TION: COS___~T Stuart O Kaye TR Lot 26, Block 122, Golden $245.00 1100 -5th Ave S STE 401 Gate, Unit 4, Plat Book 5, Naples, FL 34102 Pages 107-116, inclusive, of the Public Records of Collier County, Florida. REFERENC____~E: 80710-087 #36114520000 The Clerk cf the Board shall mail a notice of assessment of lien to the owner or owners of t-he above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Resolution adcpted after motion, second and majority vote. DATED: ATTEST: DWIGHT E. BROCK, CLERK AND / LEGAL SUF, FICI ENCY: COUNTY ATTORNEY CSce 11 1/1/99 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA CHAIRMAN 2437596 OR' 2515 pC. 102:9 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN Stuart O Kaye TR 1100 -5t'h Ave S STE 401 Naples, FL 34102 REFERENCE 80710-087 #36114520000 LEGAL DESCRiPTIO:i: LIEN NUMBER: Lot 26, Block 122, Golden Gate, Unit 4, Plat Book 5, Pages 107-116, inclusive, of the Public Records of Collier County, Florida. You, as the owner of the property above described, as recorded in the records maintained by the f~lce of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 7/13/98, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being; Prohibited accumulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. Weeds over 18". You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $ 45.00 and administrative cost of $200.00 for a total of $ 245.00. Such costs, by Resolution of the Board of Ccunty Commissioners of Collier County, Florida, have been assessed against the above property onion! ~.~ 1~9~~ and shall become a lien on the property thirty (30) days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges it]cuffed by the County under this Ordinance are unwarranted or excessive or why such expenses should not consti%ute a lien against the property. Such request for hearing must be m~de to the Cl~rk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty (30) days from the date of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS CSce 9- 1/93 16~16 DOCUMENT NOT RECEIVED IN CLERK'S OFFICE AS OF 11/30/99 RES()I,JY?ION NO. 99-..A3 A RESOLUTION Of.' 7']~E BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT Oi.' PUBI, IC NUISANCE, IN ACCORDANCE WiTH ORDINANCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuis~ntces, including prescribed administrative cost incurred by the County, shall be assessed against such property; and · . ...-R~AS, t~le cos~ thereof Lo the County as to each parcel shall be cglculated and reported to ~he Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligasion upon the property against which made until paid; and WHEREAS, [he assessmen[ shall become due and payable thirty (30) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve oercent {12 0%) per annum on any unpaid portion thereof. ' · NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper no~ice thereof to the owner of said property, is hereby assessed the following costs of such aba[ement, to wit: _NAME~: LEGAL DESCRIPTION: -- -- ~ COS___!T Willia~n Fotre JR & Lots 13 & 14, Block B, Haldeman $290.00 Suzanne M Fotre River Subdivision, according to the PO Box 11096 plat thereof, as recorded in Plat Naples, FL 34101 Book 2, Page 87, of the Public Records of Collier County, Florida. ~EFERENCE: 80602-028 #48730280000 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion, second and majority vote. DATED: - .i^~' :<u%~ ATTEST: DWIGHT E. BROCK, CLERK ~,Pp~O~-sn ~.s TO FORM AND/LEGAL ~UFFICIENCY: COg:T~ ~T~ORNBY CSce 11 1/1/99 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN I 6A1 William Fotre JR & Suzanne M Fotre PO Box 11096 Naples, FL 34101 DATE REFERENCE 80602-028 #48730280000 LEGAL DESCRIPTIO!:: LiEN NUMBER: Lots 13 & 14, Block B, Haldeman River Subdivision, according to the plat thereof, as recorded in Plat Book 2, Page 87, of the Public Records of Collier County, Florida. You, as the owner et the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 6/9/98, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. Weeds over 18". You failed to abate such nuisance; whereupon, it was abated by the e×penditure of public funds at a direct cost of $ 90.00 and administrative cost of $200.00 for a total of $ 290.00. Such costs, by Resolution of the Board of County Commissioners of Collier County, Florida, have been assessed against the above property on .~ : ? 199~ and shall become a lien on the property thirty (30) days after such assessment. You may request a hearing befcre the Board of County Commissioners to show cause, if an}., why the e>:penses and charges incurred by the County under this Ordinance ~re unwarranted or excessive or why such eMpenses should not constitute a l~en auainst the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Uaples, ~lorida 34112 in writing within thirty (30) days from the date of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS CSce 9- !/93 RESOLUTION NO. 99-44 16A17 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WI'['[[ (j~D[NANCE 91-47. ;';HEREAS, as provided z:: Ordinance 91-47, the direct conts of WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to t'he Board of County Commissioners together with a description of szlid [)nrce]; and ' WHEREAS, such assessmen' shall be a legal, valid and binding obligation upon the property ngainst which made until paid; and WHEREAS, the assessment shnll become due and payable thirty (30) days af~ -~ ~-:~in~ of "c" of ~- u' ..... ~-- ~ ,~ ~._ic.7 Assessment after which interest shall accrue az a rate o'. tw.~lv~, ;)c~rcent (12 0%} per annum on any ?o.~o,~ thereof. NOW, THEREFORE, BE i'F RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and havin? }~eer. abated of a public nuisance after due and proper notice thereof tc t:h<, owner o[ :;aid property, is hereby assessed the following ccsy_s of such abatement, to wit: NAME: LEGAL DESCRIPTION: Marc D Jacobson TR 115 E Rivo Alto Dr Miami Beach, FL 33139 Lot 21, Block 97, Unit 3, GOLDEN GATE ESTATES, according to the Plat thereof, as recorded in Plat Book 5, Page 105 of the Public Records of Collier County, Florida. REFER___ENCE: 80604-050 #35997640001 COST $245.00 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resoit]tiop. shall be recorded in the official records of Collier County, tc constitu[e a lien against such property according to law, unless suci: direction is stayed by this Board upon appeal of the assessment of the owner. This Resolution adop~c.d after motion, second and majority vote. DATED: iA~ ~ '; ':~q" ATTEST: DWIGHT E. BROCK, CLERK TO ~N~ LEGAL ~U~F~CIENCY: .~-~DAVID WEIGEL COUNTY ATTORNEY BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA CHAIRMAN CSce tl - 1/1/99 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESS~fENT OF LIEN Marc D Jacobson TR 115 E Rivo Alto Dr Miami Beach, FL 33139 DATE: REFERENCE 80604-050 #35997640001 LEGAL DESCRIPTION: LiEN NUMBER: Lot 21, Block 97, Unit 3, GOLDEN GATE ESTATES, according to the Plat thereof, as recorded in Plat Book 5, Page 105 of the Public Records of Collier County, Florida. You, as the owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 6/15/98, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited accLunulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. Weeds over 18". You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $ 45.00 and administrative cost of $200.00 for a total of $ 245.00. Such costs, by Resolution of the Board of County Commissioners of Collier County, Florida, have beer] assessed against the above property oni~'~'i 1 ) ~9 and shall become a lien on the property thirty (30) days after such assessment. You may request a i]earing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty (30) days from the (Jato of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIOI';ERS CSce 9- 1/93 RESOI,UTION NO. 99-..~5' 16A17 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE 91-47. ·, .,.~ WHEREAS, as provided in Ordinance 91-47, the direct costs of .... abatement of certain nuisances, including prescribed administrative cost incurred by the Count,/, shall be assessed against such property; and ' '" WHEREAS, the cost thereof to the County as to each parcel shall b~'!'' calculated and reported to t. he Board of County Commissioners, together;': with a description of said parcel; and WHEREAS, such asse.q.~;ment aha]] be a legal, valid and binding obligation ur~on the r~ .... , ,- .... . ~o:~:...:. acainst ',;hich made until paid; and WHEREAS, the assessment shall become due and payable thirty (30} days after the mailing o[ ?!,>rice o~'~ Assessment after which interest shall accrue at a rate of twelve percent {12.0%) per annum on any unpaid portion thereo£. NOW, THEREFORE, BE i'I' RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner o[ said property is hereby assesse~' the following costs of such abatement, to wit: ' LEGAL DESCRIPTION: Lot 13, Block 106, Golden Gate, Unit 3, according to the plat thereof recorded 5, in Plat Book Pages 97 to 105, inclusive, PuJ~lic Records of Collier County, Florida. NAME____i: COST $245.00 Ram Ventures Inc % Faulconer Tile & Marble Attn. Arthur Faulconer 9853 Tamiami Trl N STE 106-017 Naples, FL 34108 REFERENCE: 80618-064 #36004120002 The Clerk cf the Bcard shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopte,! after motion, second and majority vote. DATED: ATTEST: DWIGHT E. BROCK, CLERK ;5ND LEGAL S~FF.ICIENCY: t--&, ,L., J ,'Ii, ..... DAVID WEIGEL COUNTY ATTORNEY bOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FI~ORIDA , , , ) ~ ~ % ',k. · '-~ " BY: - ' . - ' ' CHAIR~ CSce 1~ 1/~/99 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN 16A17 Ram Ventures Inc % Faulconer Tile & Marble Attn. Arthur Faulconer 9853 Tamiami Trl N STE 106-017 Naples, FL 34108 REFERENCE 80618-064 #36004120002 LEGAL DESCRiPTiO};: OR' 25 5 ?G: !046 ;,.~ R,"I NUMBEP,: Lot 13, Block 106, Golden Gate, Unit 3, according to the plat thereof recorded in Plat Book 5, Pages 97 to 105, inclusive, Public Records of Collier County, Florida. You, as the owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance ~Jervices Manager, did ou 6/18/98, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected mowable vegetation in excess of 18" in height in a s~division other than Golden Gate Estates. Weeds over 18". You failed to abate such nu[:~,-~nce; whereupon, it was abated by the expenditure of public funds ,t a direct cost of $ 45.00 and administrative cost of $200.00 ~or a total of $ 245.00. Such costs, by Resolution of the Board o[ County Commissioners of Collier County, Florida, have been assess~.~d a.':ainst the above property on ,.~. ' ] ~9~' and shall become a lien on th,~ property thirty (30) days after such assessment. You may reques[ a hearing be~,::e the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are un'...',~r[anted or excessive or why such expenses should not constitute a lien ,:qaz:~st the properly. Such request for hearing must be :nade Lr} t.h~ r'.!,.:rk ~2~ the Board of County Commissioners, Government Center, ~h]ples, ?'!~rida 34112 in writing within thirty (30) days from the date of this as:3,~ssment to be valid. CLERK, BOARD OF COUHTY COHHISSIONERS CSce 9- 1/93 MEMORANI)UM DATE: FEBRUAKAY 11, 1999 TO: MAUKEEN K.E~ON/CLERK OF COURTS FROM: JULIE BELANGER/CODE ENFORCEMENT RE: JOHN j & DORIS j PETRUZZI/ RESOLUTION //99-46 Maureen Please pull the above resolution before it recorded. gcts I have attached a copy of the check and resolution. Please call mc to confirm that this has been pulled. Thanks Julie ,4~411 RESOLUTION NO. 99- Zla A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NAME: LEGAL DESCRIPTION: COS! John J & Doris J Petruzzi Lot 53, Block 239, Marco Beach 117 W Main St Unit Six, a subdivision according PO Box 273 to the Plat thereof, recorded in E Brookfield, MA 01515 Plat Book 6, page 47-54 of the Public Records of Collier County, Florida. $245.00 REFERENCE: 80619-002 #57374080000 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified cop7 of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion, second and majority vote. DATED: ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA CHA I RMAN APPROVED AS TO FORM AND~LEGAL ~UF,F!CIENCY: DAVID WEIGEL -- COUNTY ATTORNEY CSce 11 1/1/99 BOARD OF COUNTY COM~4ISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESS~fENT OF LIEN 16' 17 John J & Doris J Petruzzi 117 W Main St PO Box 273 E Brookfield, MA 01515 REFERENCE 80619-002 ~57374080000 LEGAL DESCRi?/iOii: LIEN NUt4BER: Lot 53, Block 239, Marco Beach Unit Six, a subdivision according to the Plat thereof, recorded in Plat Book 6, page 47-54 of the Public Records of Collier County, Florida. You, as the owner of the property above described, as recorded in the records maintained by tho office of the Property Appraiser, are hereby advised that the Compliance Services I4anager, did on 6/29/98, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. Weeds over 18". You failed to abate such nuisance; whereupon, it was abated by the expendit~]re of p~blic funds aL a direct cost of $ 45.00 and administrative cost of $200.00 for a total of $ 245.00. Such costs, by Resolution of the Board of County Commissioners of Collier County, Florida, have b~n~ assessed against the above property on iai;' } 1~(~0'~..~ and shall become a lien on the property thirty (30) days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such e~:penses should not constitu5e a lien against the property. Such request for hearing must be made to the Clerk of the Board of Count~ Commissioners, Government Center, Naples, Florida 34112 in writing within thirty (30) days from the date of this assessment to be valid. MEMORANDUM DATE.: FEBRUARY 10, 1999 TO: MAUREEN KENYON/CLERK OF COURTS FROM: JUI.IE BEI.ANGER/CODE ENFORCEMENT RE: RESOLUTION O99-47-KENNETH A. & ROXANNEf , ' L. FLASKA Maureen please pull the above resolution before it is recorded. I am forwarding you copy of check for $245.00 a. long with a copy of the resolution. Thank You Juli~elanger 2- 1F}- 1999 zl: 3~Pr.~ P 3 ,4/'7 A RESOLUTION OF THE ,BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCOtlDANCE WITH ~r-r..~''~r'? 91-4 WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, ~nciuding prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof Lo the County as to each parcel shall be calculated and reported to the ,Board of County Commissioners, together with a description of said parc~:i; and WHEREAS, such assessmen5 ~hail be a legal, valid and binding obligation upon the property a~uinst which made until paid; and WHEREAS, the assessment ska!l become due and payable thirty (30) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNT'£, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NAME: LEGAL DESCRIPTION: COST Kenneth A & Roxanne L Flaska 28 Roslyn Rd Grosse Pt Shores, MI 48326 Lot 32, Block 332, Marco Beach Unit 10, a subdivision according to the Plat thereof, recorded in Plat Book 6 at Pages 74-79 of the Public Rocords of Collier County, Florida. $245.00 REFERENCe: 80702-065 #57859840008 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the akove described property, and if such owner fails to pay such assessm?un within thirty (~0) days hereof, a certified copy of this Resoluti~n shall be recorded in the official records of Collier County, to constitute a lien against such property accordin9 to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion, second and majority vote. DATED: .iA~ : 7 ;~ ATTEST: DWIGHT E. BROCK, CLERK Att/est as t,~ Cha;rm'an'~, _~J.~'l~;,q.~. TO FORM ~ L~GAL], SUFFICIENCY :[,, ~ ~ BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: x CHAIRMAN BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN DATE: Kenneth A & Roxanne L Flaska 28 Roslyn Rd Grosse Pt Shores, MI 48326 REFERENCE 80702-065 #57859840008 LIEN I,IUMBER: LEGAL DESCRiPTiO~I: Lot 32, Block 332, Marco Beach Unit 10, a subdivision according to the Plat thereof, recorded in Plat Book 6 at Pages 74-79 of the Public Records of Collier County, Florida. You, as the owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 7/9/98, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. Weeds over 18" You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $ 45.00 and administrative cost of $200.00 for a total of $ 245.00. Such costs, by Resolution of the Board of CounEy Commissioners of Coltler County, Elorida, have been assessed against the above property on !A~ ! ~ ~9~ and shall become a lien on the property thirty (30) days af[er such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by ~he County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made %o the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in wrising within %hirty (30) days from the date of this assessment to be valid. CLERK, BOARD OF COUNTY COIqMISSIOi'IERS RI:.S¢~I.UTI{)N NO. 99-__48 , __ RF. SOI.UTION OF TIlE BOARI) ()F ('OISNTY ('OMMISSI¢)NEI~S. t '{)I.I.II(R C{}U:{TY. FI.OP, II}A. AUTI IORIZING %VAIVI.~P, OF REGIONAl. \V,.VI'I.2P, S'~i'S'I'F.M IMPACI' [;'EI-~S. I~,[:,GIONAI. SI~WF.R SYSTI.2M IMI'A{'T FF.I..'S. 1,11½P, AP, Y S'fSTF, M IMPACT FF.I:.S. PAP, KS AND P,I-~CI~.F. ATI{}N:\I. I:ACII.ITII~S IMPACT FF.I.2S. P, OAI} IMPAC'I' FF.F,S. F,M F.P,{ iI.2N{.'Y MI.21}I{.'AI. SERVICF. S IMPACT I:I:,F,S AND F. DUCATIONAI, I:ACII.ITII-~S SYS'I'I.2M INI PA( 'T FF. ES ]:(}I~. ONI-~ }l{}l JSE 'l'(} BF, C{}NSTP, U('I'F,I) BY ANT{ }NI{ } II. CAMALI.EI~.Y ON I.O'F ] 0. BI.O('K 9. NAPI.F,S MANOP, . ('{}[.I.II([~. ('( }1 FI.OP, I I)A. WIIERF. AS, Collier County has recognized and aucmplcd lo address tile lack of adequate and affordable housing for moderate, lox,.', and very-low income households itl tile County and lilt: Ilecd for creative anti innovative programs to assist in the provision of such housing hy including several provisions itl Iht ('olhcr County (;rowth Management I'lan. including: objective 1.4. policy 1.4.1: objective 1.5. policy 1.5.2. pohcy 1.5.3. policy 1.5.4. policy 1.5.5. policy 1.5.6: objective 1.6. policy 1.{7.3: objective 2.1. policy 2.1.1. policy 2.1.2. policy 2.1.3. policy 2.1.5. and policy 2.1.6 of thc I lousing Element: and WIIF. RF. AS. Colticr County has received Funding pursuant lo the State lhmsmg Initiatives Partnership Program set forth in Section 420.907 g_.k.sg_q-. Florida Statutes and ('haplcr 91-37. Florida Administratwe ('ode: and WIII:.RF. AS. in accordance with ('oilier ('ounty Ordinance No. 93-19. thc ('m,nty is author,×cd to usc fimding from tile State l lousing Initiatives Parlncrship [SIIIP] Program fi~r waivers of ('oilier ('ounly impact I'ecs: and WI IF.I~.EAS. Antonio 1). Camallery is seeking a waiver of impact fees: and WIII'~REAS, Antonio I}. ¢'amallery will construct one (I) three-bedroom trait (thc "l}wcllmg Unit"} on I.ot I0, Block 9. Naples Manor which is proposed to sell for Seventy-Seven Thousand l}ollars {S77.000.00): and WIII-;REAS, Anlonio D. Camallcry. submitted to thc OFIicc of llousing and Urban Improvement an Affordable I tousing Application received on October 28. 1998 for a waiver of impact fees I'tTr the construction of a house on I.ot I0. Block 9. Naples Manor. a copy of said application is on file m thc llousing and Urban Improvement Department: and WIIEREAS, in accordance with Section 3.04 of the Regional Water and/or Sewer Systems Impact [:cc Ordinance. Ordinance No. 98-69: Section 3.04 of thc I.ibrary System Impact [:cc' Ordinance. Ordinance No. 88-97. as amended: Section 4.1}5 of thc Parks and P, ccrcational [:acilitics Impact Fcc Ordinance. Ordinance No. 88-96. as amended: Section 3.04 oFthc Road Impact Fcc Ordinance. Ordinance No. 92-22. as amended: Section 3.05 oFthe l'2mcrgcncy Medical Services System hnpact Fcc ()rdinancc. Ordinance No. 91-71. as amended: and Section 3.05 {71' the Educational Facilities System Impact Fcc Ordinance. Ordinance No. 92-33. as amended: ~,n applicant may obtain a waiver of impact Fees by qualifying £or a waiver: and WIIEREAS. Antonio I). Camallery has qualified for an impact Fee waiver based upon Ibc f~llowing representations made by Antonio I). Camallcry: A. Thc l)welling Unit shall be sokl lo a first-time home buyer. 16A2 B. The Dwelling Unit shall be sold to a household with a very Iow income level as fi~at lcrm is dclined in thc Appendices lo Ibc respective Impacl Fcc {)rdinanccs and Iht monlhly unit must bc within thc al)brdable housing guidelines established in thc Appendices h~ respective Impact Fcc Ordinanccs. C. 'Ibc Dwelling Unit slmll be thc I lomcstcad of thc uwncr. D. 'l~c Dwelling Unit shall remain affi*rdable l~r fifteen (15) years I?mn Ibc date thc certificate occupancy is issued. NOW 'I'III~RI~Ft)RIL lIE IT Rl~SOI.Vl(I) BY TIIE Bt)ARI) ()F ('()lINTY ('{~MMISSI()NI(RS COLklER COUNTY. FI.()RIDA. that: 'Ibc Board of County Commissioners hereby aulhorizcs thc ('mmty Adn6inistrator h~ iSSuc an authorizalion l~r waiver of impact Ikcs to Antonio I). Camallcry fi~r one ( I ) Imusc wiuch shall bc constructed an I.ot I0, Bh~ck 9, Naples M:mor, ('~flhcr {'ounty. Fh~rlda. 2. Upon rcccipl by lhe liousing and Urban Imprm'cmcnt DJrcclor ~fi' ;m agrccmcnl impact l~cs signed by Antonio I). Cmnalle~'. and/or thc purchaser, or olhcr documentation acceptable to thc County Almmcy. Ibc Board ~ff County Commissi.ncrs i~crcby autharizcs payment by Collier County of ~hc fifilowing impact I~cs from thc Affimkihlc Ihmsmg '['rust Fund. Fund (191), in thc following amounts fi~r the one {1) house m be built on I.{~t 10. llh~ck 9. Naples Mant~r by Antonio I). CamallcD': A. l.ibrary Impact Fcc S 18(I.52 B. Road Impact Fcc 1,379,00 (', Parks and Recreational I:acilitics Impact Fcc: ( 1 ) Community Parks (2) Regional l'arks 179.00 I). I(MS Iml~aCt Fcc 1-1.0~ E. [~ducalional l:acihtics System Impact ]:ce 1.778.()1} F. Water Impacl Fcc G. Sewer Impact Fcc TOTAl, i.MPA('T FEES S6,779,52 3. 'lbc payment of.npact I'ecs hy ('~flher ('ounty Is subjccl Ill lilt cxCClltl~n and rcc~)ld~lllOll ol' all agreement fi)r waiver of ('ollicr ('otlllty JmpaCl J:CCS between Ibc pml~crly OWllCr :llld't*r ptlrchascr arid thc ('otlllly. 16A2 This l~,csolutmn adopted after n'mtion, seco, nd :md majorily vole I'a¥ormg same. A'I-I'EST: .' DWIGIIT E. BROCK, Clerk Approved as lo lorm and legal sufficiency: lt{.):\lJ, I) ()F COUNTY {'().XlNIlSSI( )NI'~RS ('OI.I.IEI~. C()UNTY. FI.()RII)A .( 'hairman llcidi F. Ashton Assistant County Attorney jd.'f, rcso/c:m~allcry 16A21{ E× I I 1 lilT I,E(;AI, I)ES('RIPTI()N I.~')T 10 ()I: lll,¢)('K 9. NAI'I.ES MAN()P,. A('('¢JRI)INf; TO TIlE Iq.AT BOOK TI ll.]~,l.~Ol:. AS l~,l'.'('()Rl)l']) IN I'I.AT ll~')()K 3, AT PAGES 67 ANI) ('()UNTY, FI.ORII)A. L LOT..'/_L_q_ B LO.CX..'__~__ LEGAL:Z_~2/~ SUBDIVISION: z_...._~¢/¢ /Donor- ./. 'cmt IN?BROFFICE 4TH FLOOR NXT 7240 2420751 OR: 2502 PG: 0290 RECORDED Jn the OFFICIAL RICORDS of COLLIER COUNTY, FL 01/14/99 at 09:07AM DWIGHT E. BROCK, CLERK AGREEMENT FOR WAIVER OF 100% OF COI,IAERCOUNTY IMPACT FEES REC FEE 37.50 COPIES 8.00 1 6 A 2 WITN ESS ET l!: \VIIEREAS, Collier County Ordinance No. 88-97. as :m~cndcd. iht Collier County [.ihrarv System lrnpact Fcc Ordinance; Collier CouFllv Ordin:mcc No. 88-9¢,. as HlllClldCtl. Ibc Collier County Parks and Recreational Facilities Impact Fcc Ordinance; CollicrCountyOrtlinancc No. 91-71, as amcndcd, thc Collier County Emcrgcncy Mcdical Scrviccs System Impact Fcc Ordinancc; Collicr County Ordinance No...-__,o* v~ as amended, thc Collier ('ounlv Road Impact Fcc Ordinance; Collier County Ordinance No. 92-33, as amended, thc Collier ('ounlv Educational Facilities System Impact Fcc Ordin:mcc; thc Collier County Regional \\:atcr Sewer Systems Impact Fcc Ordinance. Ordinancc No. 98-()9, they may bc Further amcmtcd 1'1'Olll limc to lime. hcrcinaflcr collectively rcl'crrcd to as "Impact Fcc Ordinancc". provide For waivers oF impact f'ccs For new owner-occupied dwelling units qualifying as aFFordal, lc housing, and \VIIEREAS, OWNER has applied Ibr a waiver of impact t'ccs :,s required by thc Impact Fee Ordinance, a copy of said application is on tile in the ol'{icc of I lousing and Urhan In~provcmcnt Dcpamncnt, and WIIEREAS, thc Cotlllly Administrator or his designee has reviewed the O\VNER'S application and has £ound that it complies with the requirements Fol' an affordable housing waiver oF impact Fccs as established in thc Impact Fcc Ordinance. and rcFcrrcd to its "COUNTY" ;uld Antonio D. ('amallcry. hereinafter rcl2'rrcd to :ts "O\VNI{IU'. This Agrccmcnt for thc \Vaivcr o1' Impact Fees entered into lhis _/,¢~ tiny o1'~,~,. 1999. bv and between thc Board of County Commissioners of Collier ('Otlllty. Florida, hcrcin'dl'tcr OR: 2502 PG: 0291 \VIIEREAS. tl~¢ imp:mt fcc waiver shall bcprcscntcd in licuofpaymcnt of thc rcqt, isilc impact l~es subject to satisthction or' all criteria in thc Impact Fcc Ordinance tlualil~fng project as eligible for an impact fcc waiver, and WHEREAS, the COUNTY approved a waiver of impact t~cs IbrOWNER embodied Resolution No. 99-~at its regular meeting of~. 1999. and WtiEREAS, thc Impact Fcc Ordinance requires that thc OWNER enter into :m ,,kgrccmcnt with thc COUNTY. NOW, TtlEREFORE, in consideration of thc Ibregoing recitals, thc parties covenant and agree as Follows: I. RECFI'AI.S INCORPORATEI). Thc foregoing rccitals arc Il'tlC al~d col'l'cc[ ;lllcl shall be incorporated by reference herein. 2. I.EGAI~DESCR1PTION. Thc legal description of thc dwclling unit(lhc"Dwelling Unit") is attached hereto as Exhibit "A" and incorporated by rcl~rcncc herein. 3. TERM. OWNER agrees that thc Dwelling Unit shall remain asaflbrdablc housing and shall be offered for sale in accordance with lhc standards set lbrlh in thc appendices to thc Impac~ Fee Ordinance For a periocl of fifteen (15) years commencing fi'om the datc thc certificate of occupancy is issued lbr thc Dwelling Unit. 4. REPRESEN'FATIONS ANI) WARRANTIES. OWNER represents and xVaFFall[S Following: a. OWNER maintains a household with a very low income as defined appendices to the Impact Fee Ordinance and thc monthly payments lo purchase lhe Dwelling Unit must be within thc affordable housing guidelines established in thc appendices to thc Impact Fcc Ordinance; OR: 2502 PG: 0292 b. OWNER is a first time home buyer; c. 'File Dwelling Unit shall be tile homestead ol'tl~c OWNER: d. Thc Dwdling Unit shall remain as aFlbrdablc housing tbr fifteen (15) years Ii'om thc date thc certificate oFoccupancy is issued lbrthc Dwelling Unit, ami c. OWNER is thc owner off record of thc Dwelling Unit aml oxvcs impact l~cs i~ thc total amount ofS6.770.52 purstmnt lo thc Impact Fcc Ordimmc¢. In return waiver of thc impact Fees owed by OXVNER, OXVNER covenants and agrees to comply with thc affordable housing impact fcc waiver qualitication criteria detailed in thc Impact Fee Ordinance. 5. SUBSEQUENT TRANSFER. If OWNER sells ll~c Dwelling Unit subject impact fee waiver lo a sut)sequent purchaser or rcntcr, lhc l)wclling Unit shall be sold only to households meeting thc criteria set t~rlh in thc Impact Fcc Ordinance. 6. AFFORI)ABI,E REQUIREglENT. The Dwelling Unit must b¢ utilized affordable housing for a fifteen (15) year period after thc date thc certilhcate of occt~pancy is issued, and if thc Dwelling Unit ceases to b¢ ulilizcd lbr that during such period, the impact l~es shall be immediately rqxdd h) thc ('OUNTY. 7. l,lEN. The waived impact fees shall be a lien upon lhc property which lien may Foreclosed upon in the event of non-compliance with the rectuircments of this Agreement. 8. REI,EASE OF I,IEN. Upon satisffacto~ complotion of thc Agreement roquircmcnts and fi fleen (15) years after the date of issuance of the certificate off occupancy, or upon payment of thc waived impact fees, the COUNTY shall, at thc expense of thc o 10. 11. 12. OR: 2502 PG: 0293 6i- , 2 COUNTY, record any necessary documcnlation evidencing thc termination of thc lien. including, but not limited to, a release of lien. BINI)ING EFFECT. This Agreement shall be binding UpOl1 thc parties m this ,Agreement and their respective heirs, l~CrSonal ,'ClWCScntatix'cs. StlCCCSSOl's Hlld assigns. In thc case of sale or transfer by git) oF lt~c F)xvclling [hilt. thc ori~imd OWNER shall remain liable tBr thc impact tkcs waived until said impact l~cs arc paid in full or until tl~c conditions set [~rth in thc Impact Fcc Ordinance arc satisfied. In addition, this ,,Xgrccmcnt shall run with thc land and shall remain a lien against thc Dwelling Unit until thc provisions oFScction 8 arc satisfied. RECORDING. This Agreement shall bc recorded by OWNER at tl~c expense of OWNER in thc OFficial Records of Collier County, Ftorida within sixty (60) days after execution of this Agreement bv thc Chairman of the Board o l'Countv Commissioners. DEFAUI,T. OWNER shallbcindefimltofthisAgrccmcnt: (1) whcrcOWNER fitils to sell thc Dwelling Unit in accordance with thc afTordablc housing standards and qualification criteria established in thc Impact Fcc Ordinance alld thereafter lhils to pay thc impact Fees duc within thirty (30) days of said non-compliance, or (2) where OWNER violates one of thc al'ibrdablc housing qualification criteria in thc Impact Fcc Ordinance For a period oFfiftccn (15) days at~cr notice of thc violation. REMEDIES. Should thc OWNER of thc property l)fil to comply with thc said qualification criteria at ally time during thc fifteen (15) year period or should OWNER violate any provisions oflhis Agrccmcnt, thc impact Fccs waived shall bc paid in fi~ll by OWNER within 30 days of said non-compliance. OWNER agrees that thc impact l~cs waived shall constitute a lien on thc Dwelling Unit commencing on thc cfl~ctix'c date of 4 OR: 2502 PG: 0294 this Agrccmcnt and continuing lbr fiftccn (15) },cars t?om thc dale of isst,ancc of ~hc certificate of occupancy or until repaid. Except as provided in l'aragruph 7 such lien shall bc superior and paranmunt to thc intcrcst in thc Dwelling Unil of any owner. lessee, tenant, mortgagee, or other person except thc lien tbr County taxes and shall be on parity with thc licn ofany such Courtly taxes. Should thc OWNER be in dclhult of this Agrccmcnt, and thc default is not cured within thirty (30) days at~cr wriucn notice to OWNER, the Board may bring civil action to cnforcc this Agreement. In addition. thc lien may be foreclosed or othc~visc enforced by thc COUNTY by action or sui~ in equity as for thc forcclosurc of a mortgage on real property. This remedy is cumulativc with any other right or remedy available to thc COUNTY. Thc Board shall bc cnlitlcd to rccovcr all attorney's fees incurred by thc Board in cntbrcing this agreement, plus interest at thc stamto~, rate tbrjudgmcnts calculated on a calcmlar day basis until paid. IN WITNESS WI{EREOF, thc parties have cxccutcd this Agrccmcnt lbr Waiver of Impact Vccs on thc datc and year first above writtcn. OWNER: S,gna,urc ol Owner OR: 2502 PG: 0295 / COUNTY OF 6_/~' ~ .,/;- .. , ,' , The foregoing instrument was acknowledged before mc this 1998, by/./~/,5,~-. ,~.~ ,~;_ d"~;.. .... .../~ ,...~. , wh'o is personally known to mc. (or prodt,ccd O~,"* C:-. 3C/~. -,: ?-.-/' -----/ -~ . --':.. , as identification). NOTARY SEAL )~',~, I'Y2['~ JOANNE DAI.BEY . ' '' ..... ~.. m. co.,.,~,ss,os,c~?~,z ~ ,~S'ignaturc of Notary Ih,bile / ATTEST: "' BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DWIGHT E. BROCK, Clerk Attest slgnature oniZ. Approvcd as to form and legal sufficiency t lcidi F. Ashton Assistant County Attorney jd/~,'agreement/camallcry 6 EXillBIT OR: 2502 PG: 0296 I,EGAL DESCRIPTION LOT I0, BLOCK 9 OF NAPLES MANOR UNIT I ACCORDING TO THE PLAT THEREOF OF RECORD IN PLAT BOOK 3. PAGE 67 AND 68 OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA. D~¢-11-1998 01:24 OR: 2502 PG: 02~7 · .2 1 O.NNER: I_CLT.._ / q , L E G A L : L ,d/a /; /~ SUBDiViSiON-- · RI'~SOI.UTION NO. 99- 49 RI-~SOI.U'I'ION OF TIlE BOARD OF COUNT'( ('OMXIISS1ONERS. COLLIER COUNTY. FLORIDA. AUTIIORIZING 5ffV,, \\"AIV[:'R/50'V,, I)EFI-~RRAL O1: REGION.,\I. [.II~R:\R'I' SYS'I'EM IMI'ACT I:FAiS. PARKS AND RECRF. ATIONAI. FACII.ITIF. S IMPA('T FF.['~S. ROAI) IMPACT FEES. EMERGENCY MEDICAL SERVICES SYSTF. M IMPACT FEES AND EDUCATIONAL FACILITIES SYSTEM IMP,,XCT FF.F.S [:OR ONE, ItOUSF. TO BE CONSTRUCTED BY IIENRS' ('. NONIIOMMF. AND MARIE I.. AI.EXANDRE AT 4458 17m COUR'F S, W,. (JOI.I)EN GATE. COI.I.II:.R COUN'I'Y. FLORII~A. WIIEREAS. Collier County has recognized and attempted to address thc lack of adequate and affordable housing for moderate. Iow. and veo,-low income households in thc County the need for creative and innovative programs to assist in thc provision of such housing by including several provisions in thc Collier ('ounty Growth M:magcmcnl Plan. inclutling: objective 1.4. policy 1.4.1; olzjcctix'c 1.5. policy 1.5.2. policy 1.5.3. policy 1.5.4. policy 1.5.5. policy 1.5.(); objective 1.6. policy 1.6.3: objective 2.1. policy 2.1.1. Imlicy 2.1.2. policy 2.1.3. policy 2.1.5, and policy 2.1.6 oflhc [lousing Element; and WIfEREAS. Collier County has received fimding purstnmt m thc ~latc [lousing Initiatives Partnership ['rogram set fi}rth in Scclion 420,907 cl, seq,. Florida glaltllcs and Chapter 91-37. Florida Administrative Code; and WItEREAS, in accordance with Collier County Ordinance No. 93-19, thc County is authorized to usc flmding From State I lousing Initiatives Pammrship \gl liP] Program lBr waivers of Collier County impact l~cs; and WI IEREAS. I tcnry C. Nonhommc and Marie l.. Alcxandrc arc seeking a 50% waiver/50% dcl~rral of 100% of impact I~cs; and WItEREAS, [tcnryC. Nonhommcand Marie L. Alcxandrc will construct one (B) thrcc bedroom unit (thc"Dwelling Unit") at 4458 17th Court S. W., Golden Gate. Collier Florida, which is proposed to cost One llundrcd Three Thousand Five lltmdrcd ami Fil~y Dollars (S 103.550.00); and WI IEREAS, thc Dwelling Unit wilt be owned by a Iow incomc household, and WI IEREAS, ]lcnry C. Nonhomme and Marie I.. Alexandrc submitlcd to thc o1'15cc of tlousing and Urban hnprovcmcnl an Afl~mtablc [lousing tXpplication tl:~lctl Scplcmbcr 3(). 1098 16A22 S.W.. Goklcn Gale. ('oilier County. Florida. a copy o1' saki application is on lilt in thc l lousing and Urban Improvement [)cparm~cn~; and WItERI[AS. in accordance with Section 3.04 oF the I.ilmu'y %vstcm hnpact Fcc Ordinance, Ordinance No. SE-07, as amended: Suction 4.()5 o1' thc Parks and Recreational Facilities Impact Fee Ordinance, Ordinance No. 88-9fl. ns amended: Ncclitm 3.04 o1' ~hc Road Impact Fcc Ordinance. Ordinance No. 92-22. as amended: Section 3.115 of thc I~nlcrgcncy Medical Services System Impact Fcc Ordinance. Ordinance No. 91-71. as amcnJ, cd: and gcction 3.05 ol'thc Educational Facilities System Impact Fcc Ordinance. Ordinance No. ')2-33. as amended: an applicant may obtain a 50% waiver:'50% deign'al of impact IL'es hv tltmli waiver: ;.lilt[ WIIERI!AS. Ilcnry C. Nonhomme alld Marie I.. Alexandre have tltmlilicd waiver,'50% deign'al based upon Ihe Ibllowing ropresenlalions made: A. The Dwelling tJnit shall be owned by a Ilrst-lime home buyer. B. The Dwelling Unit shall be owned by a househokl with a Iow income levd as lJlal term is defined in the Appendices lo the respective Impact Fee Ordinances and the monthly payment 1o purchase lbo unit musl be within thc al'lbrdablc h(msing guidelines established in file Appendices to Ihe respective Impact Fcc Ordimmccs. C. The Dwelling Unit shall be the l tomcstead oflhe owner. I). The Dwelling Unit shall remain aflbrdable for fifteen (1Si years fi'om the dale Ihe certificate ol'occupancy is issued. NO,V, TIIEI{EFOI{i~, BE IT liESOI.VEI) BY TIlE IJOARI) OF COUNTY COMMISSIONERS OF COI.I.IER COUNTY. FI.ORII)A. lilt11: !. The Board of County Commissioners hereby authorizes the County ,.Mhninislralor to issue an Authorization lbr 50% waiver/5~]% deferral of impact Iges tt) l lenry C. Nonhomme and Marie L. Alexandre ibr one ( 1 ) house which shall be constructed 4458 17th Court S. W.. (}olden Gate. Collier ('ounly. Florida. 2. Upon receipt by the I lousing and Urban Improvement Director of an agrccmcnl waiver/dclgrral signed by lien0' C. Nonhomme and Marie I.. Alcxandre. or other documentation acceptable to the COtlllly Attorney. the Board of County Commissioners herd~y atnhorizes lhe payment by ('ollic~' ('OtllllV oJ' It~e Ibllowing impact lkcs from thc ,,\fford:d~lc t lousing Trust Fund. Fuml (191 }. in thc Ibilowin,g amounts lbr thc one (I) house lo bc htfih at 4458 17th Court. S. \V.. Goldcn (]:itc. Collier County. Florida bv I lcnrv ('. Nc,$lhc, mmc :md Marie I....\Icxamlcr: n) l.ibrary Impact Fcc b) Road Impact Fcc c) Parks and Rccrcalional I:acilitics Impact Fcc Regional Parks Community Parks d) EMS Impact Fcc c) Educalional Systems Impact Fcc S I 8~1.52 1.379.{HI 179.00 399.00 14..0(~ 1,778J)0 TOTAl, IMI'ACT FEES S3,929.52 3. Thc payment o1' impact fees by Collier County is sui\jcct lo thc execution and recordation of an Al'lbrdable I lousing Agrccmen! lbr payment of Collier County hnpa¢l Fees bcp, vcen the properly owner and/or purchaser :md thc ('ountv. This Resolutitm a,.t~)pted after motion, second and majorily vote Ihvoring same. ATTEST: DWIGIfT E. BP, OCK. Clerk Attest as,.~-"..a~irman' 's signature 0nlj, BOARD OF COUNTY C'OLLIL:P, COUNTY. I:I.OI(IDA Ch ,,'kpprovcd as to fi)rm and legal sufficiency ! }tcidi F. ,,\shton Assistant CaLmly :\llorncy jd c. [cso hol11IllCaIcx 16A22 , EXIIIB'IT LOT II. I~,I.O('K 33. GOI.Dt~N (;.,\TI'~. t;NI'F 2. A(,CORI)ING TO TI I1£ PI..,VI' Tt IERF. OF. AS RE('ORI)F.I) IN I'L,,\T BOOK 5. I~,\G[!S 65 T111,IOUGtl 77. OF '['1 If': l'!.iBl.l(' RI'X_'ORI)S ()F COI.I.II':R (_,OUNTY. F1.ORII)A. 2420749 OR: 2502 PG: 0279 RICORDID in OFFICIAL RECORDS o~ COLL[IR COUP?Y, FL 01/1~/99 at 0~:~5~ D~IG~! ~. BROCL CL~K COPII$ 8.00 Retn: ,%Gi~.EI.;MENT 1:()I,I 50'Z, WAIVEIU50'¼, DEFEI~RAi. OF 100% OF COLIAER COUNTY IMPACT FEES This Agreement for thc Waiver of Impact Fees cnlcrcd imo this ~ day of , 1999 by and belwe the Boa d of County Commissioners of Collier Uounty, Fl~ida, hereinafter refexcd to as COUNTY' and Henu, C. Nonhommc and Marie L. Alcxandre, hereinafter rcIk~cd to as "OWNER." W[TNESSETH: WI IEREAS, Collier County Ordinance No. 88-97, as anlcndcd, the Collier Cotmty Libraw System hnpact Fcc Ordinance; Collier County Ordinance No. 88-96, as amended, thc Collier County Parks and Recreational Facilities Impact Fcc Ordinance; Collier County Ordinance No. 91-71, as amended, thc Collier County Emergency Mcdical Services System Impact Fcc Ordinance; Collier County Ordinance No. 92-22. as amended, thc Collicr County Road hnpact Fcc Ordinance; and Collier County Ordinance No. 92-33, as amended, thc Collier County Educational Vacilitics Systcm Impact Fcc Ordinance, as they may be timber amended From time to time hereinafter collectively referred Io as "Impact Fee Ordinance", provide for waivers of impact fees for new owner-occupied dwelling units qualifying as aftbrdablc housing; and WIIEREAS, OWNER has applied for a 50% waiver/50% dcl~rral of impact l~cs as required by thc hnpact Fee Ordinance, a copy of said application is on file in thc orifice off Housing and Urban hnprovcmcnt Dcpamncnt; and WHEREAS, the County Administrator or his designee has reviewed the OWNER's application and has found that it complies with thc requirements lbr an affordable housing 50% waiver/50% defe~al of impact fees as established in the hnpact Fcc Ordinance; and WHEREAS, thc impact fcc waivcr/defcmfi shall be presented in lieu o1' paymcnt of thc requisite impact fees subject to satisfaction of all crilcria in the Impact Vce Ordinance qualifying thc project as eligible for an impact fcc waivcr/dcfc~al and OR: 2502 PG: 0280 : 6J22 WHEREAS, thc COUNTY approved a waiver/del'erral oF impact fees tbr O\VNER embodied in Resolution No. 99-.~9at its regular meeting o5~-~/~ .1999: ;,,,ti WHEREAS, the Impact Fcc Ordinance requires that the OWNER cater Agreement xvith the COUNTY. into NOW, TItEREFORE, in consideration of the foregoing recitals, the parlics covenant and agree as Follows: I. RECITALS INCORPORATED. The foregoingrccitalsarctFucamtcoFFcctandshall be inco~oratcd by reference herein. 2. LEGAL DESCRIPTION. l'hc legal description of thc dwclling unit (thc "Dwelling Unit") and site plan is attached hereto as Exhibit "A" ami incorporated bv rcl~rence herein. 3. TERNI. OWNER agrees that thc Dwelling Unit shall remain as at'lbFdablc housing and shall be offered tbr sale in accordance with thc standards set Forth in thc apl)cndiccs to thc Impact Fee Ordinance For a period of lil~ccn (15) years commencing From the date thc certificate of occupancy is issued Ibr thc Dwelling Unit. 4. REPRESENTATIONS AND WARRANTIES. OWNER represents and warFanls thc Following: a. Owner maintains a hotmohold with a low income as defined in tho appendices to the Impact Fcc Ordinance and thc monthly payments to purchase the Dwelling Unit must be within thc al'lbFdablc housing guidelines established in thc appendices to the Impact Fcc Ordimmcc; b. Owner is a first-time home buyer; c. The Dwelling Unit shall be the homestead ofowncr; d. Thc Dwelling Unit shall remain ns affordable housing For fifteen (I 5) years From the date the certificate oFoccupnncy is issued For the Dwelling Unit: and OR: 2502 PG: 0281 c. O\VNER is thc owner of record of thc Dwcllin,, Unit and owes irnlx~Ct Fees in thc total amount of S6,169.52 pursuant to thc Impact Fcc Ordinance. In return for thc 50%waiver/S0% deferral et'thc impact lkcs owed by OWNER. OWNER covenants and a~rccs to comply with thc aflbrdablc housing impact l~c waiver qualil%ation criteria detailed in the In]pact Fee Ordinancc. 5. SUBSEQUENT TRANSFER. IF OWNER sells thc Dxvclling Unit subject to thc impact fee waiver/deferral to a subsequent purclmser or renter, thc Dwcliin~ Unit shall be sold only to households mcctin~ thc criteria set Ibrth in tl~e Impact Fcc Ordimmcc. 6. AFFORDABLE RhQUIRE~ IEN I. The Dwcllinu Unit I11tlSl be mill/cd Ibr aFfimiablc housing lbr a fifteen (15) year period atler the date tl~c ccrtil]catc of occupancy is issued; and if thc Dwelling Unit ceases to be utilized lbr that pt~rposc during such period, thc impact Fees shall be immediately repaid IO Ibc COUNTY. except Ibr waived impact lbcs if II~c dwelling unit has boon used Ibr at'tbrdal, lc housing lbr a continuer,s period of tiflccn x'cars al~cr thc dale thc certificate oFocct~l~ancy is issued. 7. LIEN. Thc waived/deferred impact fees shall be a lien upon the property which lien may be foreclosed upon in thc event oFnon-compliancc with thc rCcluircmonts of this Agreement. 8. RELEASE OF LIEN. Upon satislhctory completion oFthc Agrccmcnt requirements and tifteen (15) years after thc date of issuance of thc certificate of occupancy, or upon payment of thc waived impact Fees, and upon payment of thc clct~rred impact fees, the COUNTY shall, at thc expense of thc COUNTY. record any necessary documentation evidencing the termination of the lien, including, but not limited to, a release of lien. BINDING EFFECT. /\grcemerlt and their This Agreement si'mil be bincling upon the parties to this rcspcctive heirs, personal rcprcscmativcs, successors and OR: 2502 PG: 0282 assigns. In thc case of sale or transfer by gift of thc Dwelling Unit, thc original OWNER shall remain liable Ibr thc impact I~cs waivcd/dct~rrcd until said impact fees are paid in IZlll or until thc conditions sot [bt'th in thc Impact Fcc Ordinance arc satisfied. In addition, this Agrccmcnl shall run with thc land and shall remain a lion against the Dwelling Unit until thc provisions of Section 8 arc satisfied. lO. RECORDING. This Agreement shall be recorded by OWNER at thc expense of O~VNER in thc Ol'tScial Records of Collier County, Florida. within sixty {(~ll) ti:tvs after execution of this Agreement by lhe Clmirman of lhc Bo:mi of Cotmtv Commissioners. 11. DEFAULT. O~VNER shall be in dcfimlt of this Agreement (I) whore OWNER fails to soil thc l)wclling Unit in :lccordancc with Ibc affordable housing slamta~'cls and qtmlificationcritcriacstablishcdin thc Impact Fce Ordinance and thcrcalicr l2tils to pay thc impact tkcs within 30 days of said non-compliance, or (2) whore OWNI!R violates one of thc aflbrdablc housing qualilication criteria in thc Impact Fcc Ordinance For a period of thirty (30) days alhcr notice of thc violation. 12. REMEDIES. Should Ibc OWNER of thc property lhil to comply with thc said qtmlification criteria at any time during thc fifteen (15) year period or should OWNER violate any provisions of this Agreement, thc impact tuts waivcd/dctkrrcd shall bepaid in full byOWNER within 30 days of said mm-compliance. OWNER agrees that tim impact lkcs waived/deferred shall constitute a lion on lhc l)wclling Unit commencing on thc cl'lkctive date of this Agreement and continuing until repaid. Such lien shall bo superior and paramount to thc interest in thc Dwelling Unit of any owner, lessee, tenant, morlgagce, or olher person except thc lien for Cotmty faxes and shall be on parity with thc lien of any sttch County taxes. Should lhc OWNER bcin default o~' this Agrccmcnl. and thc dcfimlt is not cured within thirty (30) days after written notice to OWNER, tho Board may bring civil action to cnlbrcc this Agreement. In addition, thc lien may be [brccloscd m' otherwise enforced by thc OR: 2502 PG: 0283 COUNTY by action or suit in equity as ['or the forcclostu'e o[. a mortgage on real property. This remedy is cumulative with any other right or remedy available to lhe COUNTY. The Board shall be entitled to recover all attorney's t~es, incurred by tho Board in cnlbrcing this Agreement, plus interest at thc statutory rate Iht' judgments calculated on a calendar day basis until paid. IN WITNESS XVIIEREOI:. thc parties have executed this Agreement Waivcr/l)cfcrral of Impact Fees on thc dale and year first above wriltcn. Witnesses: (2) PrintName'i' ......,".,.. ,'% h' . OV,,'NER: I-lenry C.'Nonllornnle Witnesses: (2) ~.~'",,'1~ , - ._ ' '~ ' Print Name. ~'~., ,- , /:, L,' ('~P ri nt Name OWNER: /._ '~ " I {' /' / ' /Marie I.. AIcxandrc COUNTY OF d.'h/~,, i,... ) ) The , foregoing //..-, -produced -- instrument was acknowledged bctbrc mc this ~_/ .. 1998. by l lcnry C. Nonhommc. lie is personally known ........ .(type ofidentification) as identification. [NOTARIAL SEAL] day of [0 1110.012 OR: 2502 PG: 0284 STATE OF COUNTY OF ) ) The foregoing instrumcl~t was acknowledged before mc this // day oF . ~'r~, ,,/~ /,-.. , 1998. by ~larie L. Alcxandre. She is personally known to mc'or p~ueed ................. .(type of identitication) as identitication. [NOTARIAL SEAl.] .Si.,.z(mture of Person Taking } Ackz/owlcdgmcnt DATED: ATTEST: DWIGHT E. BROCK, Clerk Attest as to Chatrm~n's s igaat, u:e only. BOARD OF COUNTY ('OMISSIONI.:RS COI.I.IER COUNTY, FI.ORIDA Approved as to fbrm and legal sufficiency Heidi F. Ashton Assistant County Attorney jd/c/agrccmcnl/hommeMcx OR: 2502 PG: 0285 EX H I B IT "A" LI~G,'\L DESCRIPTION Lot 1 I, Block 36, Golden Gate, Unit 2, according to thc l~lat thcvcol' of record in Plat Book 5. Pages 65 through 77, of thc public Rccortts of Collier County. Florida. RI.~Sc)I.UTION NO. I~,F.S()I,UTION ¢)1: TIlE II()ARI) OF ('()UNTY ('()MMISSIONI.~RS. ('(~[.I.IEI*, ('OtIN'l Y. FI,OI*,II)A. AIJTII¢)RIZIN¢i \VAIVI:.I I~,I!(H()N:\I. \VA'I'I.~R SYSTF, M I.MP:\('T FF.F.S. RIi¢;I~)N:\I. Sl.~\Vlil~, SYSTEM IMPA('T I:I:.F,S. I.IIIRARY SYSTEM IMPA('T FEIiS. I'AI.~KS ANI) I*,I!('RI':A'I'I()NAI. I:A('II.ITII~S IMI'A('T I:I.iES. I~,~)AI~ IMI'A('T FF.[.:S. I.:MF.I*,('iF, N("~' ,MIiDI('AI, SF. Rkq('F,S IMPAC'T I:I'.'I.N AND EI)U(~ATIONAI. I:A('II.I'I'II-:S SYSTI'.'M IMI'A(,T FI'iF, S FOR ONE I I¢~1.!S1.: T() I1[:, ('ONSTRU¢'TIiI) BY IIOM()BONO IoOPI'~Z AND IRF. NI'~ (,IN I.¢YF 24. P,I,()('K 9. NAPI.F.S MANOR ADF~FI'I()N . ('~l.l.lliR ('(}(}NTY FI,OI~,II)A. \VI IIiRI'~,\S. ('ollicr County has recognized and attcmplcd Io address Ibc kick o1' adcqualc ;mci al'li~rdahlc I~ousmg for moderate, h)w. and very-lin\ income hOtlSCholtls ill lilt ('OLIIlly alld Ibc Ilccd innovative programs I~ assist m lbo provismn of StlCh Ilt~t~sing b)' Hlcludlllg several provisl,nS m file ('olhcr County Growth Managemenl Pkm. including: objective 1.4. p-licy 1.4. t: obJeCtiVe 1.5. polioF 1.5.2. lmlicy 1.5.3. policy 1.5,4. policy 1.5.5. policy 1.5.6:objcclive l.fl. policy 1.fl.3:-b. iccl~vc 2.1 polic5'2.1.1, p, licy 2.1.2. policy 2.1.3. policy 2.1.5. :md policy 2.1.6 ~1' lt~c l itmsing [ilcmcnl: and Partnership Program sc~ li~rlh m Sccl,m ~2~1.9~17 gr. seq.. l:l~rida SI;lltllC~ ;li)d ('haplcr 91-37. FlorJd:s Adminislralivc ('ode: nnd WI IERIbXS. in accordance wilh ('oilier ('ounly ()rdinance No. 03-1~). Iht ('otml5' ls :mlh()ri/cd Io use limding I}om thc State l lousing lnilialtvcs I'arlncrship [SI 111'] l'rogrnm ll)r xtaivcrs ,l'('ollicr ('otmlF impact Ibes: and WtlERIiAS. I[omobono l.,pez and Irene I.opcz will conslrucl ,nc (I) Ihrcc-bcdroom "l)~clling (~:11I"1 o1~ I.ol 2J. Block 9. Naples Man,r Addllioll x~hich ~s prol~OSed Io sell tbr 51xl?-Scvcll Thousand Doll;irs ($67.(}0~).00J: and WIIIiREAS. Ihmmbom~ I.opcz ami Irene l.opcz, submiucd Io Iht ()flScc o1' Ilousing alld t~rban Impr~vcmenl an Aflbrdablc [hmsmg :~p[~lic;lti~m rucu;vcd on ~)clobcr 15. 190S liar a ~xaivcr of illl}~11CI I~CS tier file constrtlcllOll oJ' a JlOLISC o~1 J,ol 24. I~lock 9. Naples Manor .,~ddllliHi. ;l clJ[~ file in Ihe I lousing and I]rhan lmpr,vcmcnl I)cparlmcnl: WIIILRIiAS. in accordance XXll}l SCCliOn 3.04 of the Regional Walcr and or Sc~tcr Systems Impacl Fcc ()trim;race. ()rdmancc No. 98-69: Neclior~ 3.~}4 of Ibc l,d~rary S)'slcm l~llpacl Fcc ()rdJllallCC. ()rdiilance N~. gg-97, as amended: Seclion 4.05 of lhe Parks nmi Rccre:ltional Iracilitics Impact Fcc Ordinance. Ordinance No. ~S-96. as amended: Scclion 3.04 of lhe I{o;id Impacl Fcc ()rdmancc. ()rdin:mce No. 92-22. as amended: Seclion 3.05 oJ' ll~e Emergency Medical Services SS'slolll l~llp:lCl Fcc (Italia:race. ()trim:race 91-71, as amended: and Section 3.115 of lhe l!duci~Non:ll J:aciJilics Syslem Jlllpacl Fcc ()rdmancc. (}rthnance No. 92-33. as a~llc~ldcd: ;1~1 applicanl may oblaii1 n waiver of impact Iges by qualifying WIIEP, F, AS. I[onmbono l.opez and Irene l.opcz have qualilicd fi~r :m impact l~'c xvaivcr based upon the following rcprcscntalions made by I[omolmno l,opcz and Irene l,opcz: A. Thc I)wclling [Jim shall be sold to a IllM-linlc Immc Imycr. B. 'I he I)wcllmg Umt shall bc sold Io a Jmuscholtl with a very Iow Illc~unc level as thai Icrm is defined in lilt Appendices Io file respective Impact Fcc ()rdin;inccs ;llld thc m,mthly payment to purchase lhc unil must be xxithin ll~c affi}rdahlc hotlSi~lg gmdchncs established in thc Appendices to thc rcspcclivc Impact Fcc ()rdmanccs. C. 'I'hc Dwelling Unit shall be thc l lomcstcad of the owner. D. 'll~c I)wclling Unit shall remain afflmtable fi~r liflccn 115) years IYmn thc date thc ccrlificatc of occupancy is issued. NOW TIIl!Rl~l:ORl~, IIE IT RI:SOl,VIii) BY TIIE BOARI) OF ('OIJN'I'Y ('~)MMISSIONERS OF COI,LlliR COIjNTY. FI,ORIDA. that: I, '1 he Board o~('ounty ('ommissioncrs hereby aulhorizcs Iht ('ountv Admmtstralor to issue an flulhorigatioll fi~r wawcr of lmpacl J~cs lo JJolllolm~lo l,opcz and h'cnc I.opcz Ibr {mc (1) house which shall bc conslrucled on l,ot 24. Block 9. Naples M:mor Addition. ('ollicr ('rarely. J:lorida. 2. IJpon receipt hy thc II{}usmg and lJrb:m hnprovcmcnl I)ircclor ol':m agrccmcnl fi~r waiver of impact t~'cs signed by J[onlobono I,opcz :eld Irene l.~q~c/. :md'i~r Iht purch:iscr, or ~lhcr documentation acceptable to thc ('ounly Atlomcy. thc Ihmrd of ('otlllly Cmmnissioncrs hereby mllhorizcs Ibc paymenl by Collier County o1' thc Iblhmmg imp:~cl I~'cs l?om the Al'li~rdablc Ihmsing Trust Fund. Fund (19I). in thc fi~lhmmg alllOt,lls fi~r thc one II ) house Iobc buJh on I,ot 24, Block 9. Naples Mmmr AddJlmn by Ihmmlmno I,opcz and Irene l,ibrary Impncl Fee Road Impact Fcc Parks and Recreational Facilities hnpact Fcc: ( I } ('oillmtlllily Parks (2) P, cgional I'arks Ii,MS Impact Fcc 1'2ducational Facilities System Impact [:ce Water Impact Fcc Sewer Impact Fcc TOTAl, IMI'A(*T FEES $ 1811.52 1.379.00 17').00 I 1.778.00 1.275.00 q._q._~,q7~ 00 S6,77q.51 .3. Thc paymen! of impact I'ccs by Collier County is subject Io the execution and recordation of an agreement fi~r waiver of Collier County Impact Fees bctxvccn thc propcrb' owner and/or purchaser and thc ('ounly. This Resolution adopted after motion, second ~nd majority x'olc Ihvoring same. A'I'FF. ST: DWIGIIT E. BROCK. Clerk Stgn~.tur~ Approved as to fi~rm and legal sul'ficicncy: I?,OARI) ()F ('(}tiN'FY ('()MMISSIONI:.RS '"R (OL,NI h FI.()RII)/x COI.IAI: ' · By: ~~s'~~n I lcidi F. Ashton Assislant County Altorncy jd/~resoqopcz EX! ! i BIT %\" I.I'N;A 1, I)I-~SCP, I I'TI ON I.o! 2-1. l~,lt~ck q. N;q~Ics klanor Addition, :~co~rdin,t', lo thc Pi:ti thcrcof ofrccord in Plat Book 3, Pages 66 through 67. of thc public Records of Collicr Count),. Florida. P. 04 O..W-MER: o m'/--.-. , .... . t_QT..'.~-~ BLO.C.K:'~---~ LEGAL:~ SUBDIVISION: .~~4~ ~/. 2420748 OR: 2502 PG: 0271 RECOJ~DBD 1~ t~e O[HClat RECORDS o[ COLLIER COI]I{T~I, 01/1~/99 at 09:0~ DWIGM~ B. BROCt, CLBRK RBC ~gE 37.50 COPIES B.O0 AGREEMENT FOR WAIVER OF 100% OF COI.LIER COUNTY IMPACT FEES This Agreement For tile Waiver of Impact Fees entered into tbis/~ day of ..., 1999 by alld between thc Board of COUllly ('omr,]issioncrs of Collier (~ut~', Florida, hereinafter referred to as "COUNTY" and l lomobono l_opcz and Irene I,opcz , hereinafter re feted to as "OWNER." W I T N ES S ET H: WHEREAS, Collier County Ordinance No. 8S-97, as amended. Ibc Collier Cotmty Library System Impact Fee Ordinance: Collier County Ordinance No. 88-96. as amended, thc Collier County Parks and Recreational Facilities Impact Fee Ordinance: Collier County Ordinance No. 91-71, as amended, the Collier County Emergency Medical Services System hnpact Fee Ordinance; Collier County Ordinance No. 92-22, as amended, the Collier Cotmly Road Impact Fee Ordinance; and Collier County Ordinance No. 92-33. as amended, thc Collier County Educational Facilities System Impact Fee Ordinance, Collier County Ordinance No. 98- 69, Regional Water and/or Sewer Systems Impact Fee Ordinance, as they may be thrthcr amended from time lo time hereinafter collectively rcfe~cd lo as "Impact Fcc Ordinance", provide for waivers of impact lkes tbr new owner-occupied dwelling trails Clualil3'ing as affordable housing; and WHEREAS, OWNER has applied lbr a waiver of impact Ikcs as required by thc Impact Fee Ordinance, a copy of said application is on file in Ibc office of ltousing and Urban ]mprovemenl Dcparlmcnt; and WHEREAS. Ibc County Administrator or his designee bas reviewed Ibc OWNER's application and has found that it complies with the requirements For an affordable housing waiver of impact fees as established in the Impact Fee Ordinance; and WHEREAS, the impact Fee waiver shall be presented in lieu of payment of the requisite impact t~es subject to satislhction of all criteria in the Impact Fee Ordinance qualit3, ing the project as eligible For an impact Fee waiver and WHEREAS, thc COUNTY approved a waivcr of impact fees for OWNER embodied in Resolution No. 99-'''5t) . at its regular meeting ol%k~3 /& . 1999; and WHEREAS, the Impact Fcc Ordinance requires that thc O\VNER cmcr into an Agreemcnt with tile COUNTY. NO\V, 'Fl tEP, EFORE. in consideration of the foregoing recitals, tile pm'tics covenant alld agree as follows: 1. RECITALS INCORPORATED. Thc foregoing recitals arc true and correct and shall be incorporated by reference herein. LEGAL DESCRIPTION. Thc legal description of thc dwclling unit (tile "I)wclling ,, Unit") and site plan is attached hereto tis Exhibit "V' and incorporatcct by reference o hcrcill. TERM. OWNER agrees that tile Dwelling Unit shall rcmain as al'lbrdablc housing and shall be offered for sale in accordance with the sl;uldards SCi forth in ~l~c appendices to the hnpact Fcc Ordinance for a period of fiflccn (15) years commencing from thc date the certificate of occupancy is issued tbr thc Dwelling Unit. 4. REPRESENTATIONS AND \VARRANTIES. OWNEP, represents and warrants the £ollowing: a. Owner maintains a household with a Iow incomc :ts dclincd in thc appendices to the Impact Fcc Ordinance and thc monthly payments to purchase thc Dwelling Unit mtlsl be within thc aflbrdablc housing guidelines established in the appendices to thc Impact Fcc Ordinance; Owner is a first-time home buyer; Thc Dwelling Unit shall be the homestead of owner; Thc Dwelling Unit shall remain as affordable housing tbr fitlccn (15) years from thc date thc certificate of occupancy is issued For thc Dwelling Unit: and OR: 2502 PG: 0273 OWNER is the owner of record of the Dwelling Unit and owes impact l~cs in thc total alllOUIll of 50.779.52 pursuant lo lhc {lllpnct Fcc Ordinance. In return for the waiver of thc impact [~cs owed by OWNI~R. OWNER covenants and agrees to comply with thc al'lbrdablc housing impact fee waiver Ordinance. SUBSEQUI:'NT TRANSFER. qualification criteria detailed in tile Impact Fcc IF OWNER sells thc Dwelling Unit subjec! to thc impact Fcc waiver to a subsequent purchaser or renter, tile Dwelling Unit shall be sold only to households meeting the criteria set fo~l~ in the Impact Fcc Ordinance. 6. AFFORDABLE REQUIREMENT. The I)wclling Unit must bo utilized Ibr afl~rdablc housing for a fifteen (15) year period after the dale iht cm'tificatc off occupancy is issued: and if thc l)wclling Unit ceases to be utilized Ibr that purpose during such period, the impact Fees shall be immediately repaid to thc COUNTN'. except waived impact Fees if thc dwelling unit has bccn used l~r al'lbrdablc housing liar conlhmous per~od oF ~lieen years after lhe date lhe ceFl~ticate oFoccupancy ~s ~sst,cd. 7. LIEN. Thc waived impact fees shall be a lien upon thc property which lien l]lav foreclosed upon in thc cvcnl of non-compliance with thc requirements of lhis Agreement. 8. RELEASE OF LIEN. Upon satisfactory completion oFthc Agreement rcquircn]cnts and fifteen (15) years after the date of issuance of thc certificate of occupancy, or upon paymcnt of thc waivcd impact t~cs. thc COUNTY shall, atthc cxpcnsc of thc COUNTY, record any ncccssa~ clocumcnlalion evidencing thc tcrmimttion of thc lien, including, but not limited lo. a release of lien. 9. BINDING EFFECT. This Agreement shall bc binding upon thc panics to this Agreement and thcir respective heirs, personal representatives, successors assigns. In thc case ofsalc or lransfcr by gift of thc I)wclling Unit. thc original OWNER shall remain liablc For ibc in]pact fccs waived/dot, Fred unlil said impact l~cs OR: 2502 PG: 0274 are paid in full or until the conditions set forth in the Impact Fcc Ordinance arc satisficd. In addition, this Agrccmcnt shall run with thc land and shall ,'cmai,, a lien against thc Dwelling Unit until thc provisions of Section S arc satislicd. I0. RECORDING. This Agreement shall be recorded by OWNER at the expense of OWNER in the Official Records of Collier County. Vlorida. within sixty (60) days after execution of this Agreement bv the Chairman of the Board of County Commissioners. ] 1. DEFAULT. O%VNER shall be in dctlmll ot'this Agreement (I) where ()WRIER Ii,ils to sell thc Dwelling [init in accordance xx ith lilt aflbrdablc hot,sing slantl;irds and qualification criteria established in thc Impact Fcc Ordinance and thereafter liiils to pay the impact fees within 30 days of said non-compliance, or (2) where OWNER violates onc of the aflbrdablc housing qualification criteria in thc Impact Fcc Ordinance for a period ofthimv (30) days after notice of the violation. 12. REMEDIES. Should thc OWNER of thc properly fhil to comply with thc said qualification criteria at any time during thc fifteen (15) year period or should OWNER violate any provisions of this Agreement. thc impact l~cs waived/deferred shall be paid in full byOWNER within 30 days ofsaid non-compliance. OWNER agrees that thc impact fccs waived shnll constitute a lien on thc Dwelling Unit commencing on thc cfl~ctivc date o1' this Agreement and continuing until repaid. Such lien shall bc superior ancl paramount to thc interest in thc Dwelling Unit ot'anv owner, lessee, tenant, mortgagee, or other person except lhe lien tbr County laxcs and shall be on parity with thc lien of any such County taxes. Should thc O~VNER be in default of this Agreement. and thc default is not curccl within thirly (30) days after writtcn notice to OWNER. thc Board may bring civil action Io enforce this Agreement. In addition, the lien may be foreclosed or othc~visc enforced by the COUNTY by action or suit in equity as For thc foreclosure of a mortgage on real property. This remedy is cumulative with anv other right or rcmcdv available to fl~c 4 OR: 2502 PG: 02?5 1 2 5 COUNTY. Tim Board shall be cntidcd to recover all attorney's Fees. incurrcd by thc Board in enforcing lhis Agreement. plus interest at Ibc slalutory rate for .judgments calculated on a calendar day basis until paid. IN WITNESS WttEREO[:, thc partics have executed this Agrccmcnt for Waix'cr oF Impact Fees on the date and ),'car first above written. Witnesses: .5.-;' Print Name ,L../Print Name O W N E R: I lomobono Lol~cz Wimesscs: (2) OWNER: Print Name .:__-~:,~.:.: (, ga..,, Irene l.opcz ,_:.~Hnt Nam°'_: .... ,,.. ~._,, .4_ :'7,,5 STATE OF ~ ./. ) Thc . foregoing instrument was acknowledged before mc this ~,~ day of ~'c', -:. /'~ . , 199~by ltomobono Lopcz. Heis personally known to mc or produced Z-~-: ' ~.'q" '/(' '~ ?_(type ol'idcntification)as identification. [NOTARIAL SEAL] , Sig'nature of Person Taking Ackno)vl6'demcn! STATE OF COUNTY OF } ) OR: 2502 PO: 0276 COUNTY OF/f,-/);,., ' ) ) Thc foregoing inslrumcnt was acknowledged before mc this ~2~ day of ~'~--z /r~/ ., 199~by Irene Lopcz. She'is-personally known to mc or produced ~L~Ij~ ~/~.m '~' -~55 w~ (type ofidcntific;tlion)as identification. [NOTARIAL SEAL] -S;ignaturc of Pcrs6n Taking Acknq~'lc"dgmcnt ATTEST: DWIGttT E. BROCK, Clerk slgseture onij. Approved as to form and legal sufficicncy BOARD OF COUNT'F ('OMISSIONI:.RS COLLIER COUNTY, FI.ORID,,\ Hcidi F. Ashton Assistant County Attorney jd/c/a~erccmcnvlopez 6 OR: 2502 PG: 0277 EXHIBIT "A" LEGAL DESCRIPTION Lot 24, Block 9, Naples Manor Addition, according lo the Plat thereof of record in Plat Book 3. Pages 66 through 67. oFthc public Records of Collier County, Florida. 7 ' *~** OR: 2502 PG:~78 *** 16~2 5~ sUBDIX/~SION~ ' /~ RI.~SOI.U'TION NO. J)lt'-~ RESOI.UTION ()I: 'file I)(}:\RI) {}F COUNTY £'OMMISSIONI-~RS. {'(}I.I.IER ('OUNTY. FI.ORID:\. AIFFIIORIZING WAIVF. R OF RI.X;IONAI. \VATER SYSTF. M IMPA£q' I:F.I'~S. RI-~GIONAI. SEWER SYSTEM IMPA{'T FEES. I.II)RARY SYSTEM IMI)ACT FEES. PARKS AND RI:.{'RF. AT1ONAL FACILITII~S IMI)ACT FEF. S. ROAI} IMI)ACF FF.F.S. EMERGF. N£'Y MF.I}I£'AI. SI£RVICF. S IMI'ACT FI:.I~S ANI) I!DUCA'II()NAL FACII.IT1F. S SYSTF. M IMI'A£'F FF.F.S FOR ONE t lOUSE 'FO BI:. CONSTRUCTF-D BY I IABITAT FOR IIUMANI'I'Y ()F ('OI.I.II-~R ('()lINTY. IN('.. ()N I.()1' 12. I~I.O('K II. NAPI.F.S MANOR AI)DI'I'I(')N. ('¢)1 .I.I F.R ( '( }1 IN'FY. FI .()RID,,\. WttEREAS. ('ollicr County has recognized and altcmptcd to address linc lack of adequate and affordablc housing for moderate. Iow. and very-low income honscholds m linc C'ounly and Iht need for creative and innovativc programs to assist in thc provision of such housing by including scvcral provisions in thc ('oilier Courtly Growth Managcmcnt I'lan, including: objcclivc 1.4, policy 1.4.1: objcclivc 1.5. policy 1.5.2, policy 1.5.3. policy I.fi.4, policy 1.5.5, policy 1.5.6: olUccuvc 1.6, p,licy 1.6.3: ,hjcclivc 21. p, flicy 2.1.1. p.licy 2.1.2. p.licy 2.1.3. p.licy 2.1.5, and policy 2.1.6 of Ibc I Ioumng Element: ami WI IEREAS. Colhcr ('ounty has received Ihnding pursuant to thc SI;ftc l lm~sing Iniliativcs l'arlncrship Program scl forth in Sec(ion 420.907 ~1.. I:l,rida Statutes and (:haptcr 91-37. I:l,rida Administrative ('ode; and WIIt~REAS, in acc,rdancc with Collier ('(runty Ordinance No. 93-19, Ibc ('ounly ~s authorized Io nsc funding from thc Stale l lousing Initiatives Partnership [SIIIP} Program for waivers of Collier County impact fees; and WIIEREAS, l tabitat lbr I lumamty of( 'olhcr County. Inc. ~s seeking a waiver of impact I~cs: and WI IEREAS. I lahitat lbr [lumanity of('ollicr ('rarely. Inc. will conslruct one (1) three-bedroom unit (the "Dwelling Unit") on l.ot 12. Block 11 Naples Manor Addmon which is proposed to sell for Forty-Six Thousand Five tlundred Dollars (S46.500.00); and WI IEREAS, thc l)wclling Unit will bc purchased by a very Iow income Imuschokt which is required to invest a minimum of five hundred (fi00) hours of"Sweat Equity" bctbrc it obtains title to thc house; and WHEREAS. Mr. ('harlcs ('. Smifl~. Vice President of llabitat tbr Itumanity of Collier County. Inc., submitted to ~hc Office of l lousing and thb:m Improvement an Afibrdablc I lousing Application dated October 8, 1998 l~r a waiver of impact l~cs Ibr Iht constructum of a house on l.ot 12. Block 11 Naples Manor Addition. a copy of said application is on file in thc l lousing and Urhan Impmvcn~cnt l)cparlmcnl: and Wl tERIbXS, in accordance wilh Sccmm 3.04 of thc Regional Water and/or Sewer Syslcms lmpact Fee Ordinance. Ordinance No. 9~-69: Section 3.04 of the l.ibrary System lmpac~ Fcc Ordimmcc. Ordinance No. 88-97, as amended; Section 4.05 of fi~c Parks and Rccrcammal Facilities hnpact Fcc Ordinance. Ordinance No. 88-96, as amended: Section 3.04 of Ibc Road Impacl Fcc ()rdinancc, Ordinance No. 92-22. as amended: Section 3.05 of the Emergency Medical Services System hupact Fcc Ordinance, Ordinance No. 91-71. as amended: and Section 3.05 of the Educational Facilities System hnpact Fcc Ordinance, Ordinance No. 92-33. as amended: an applicanl may obtain a waiver of impact fees by qualil}'ing for a waiver: :md WIII'~RF. AS. Ilabitat fbr Ilumunity ol'('oIlier ('Otmly. Inc. has qualified fbr an impact Ibc waiver based upon Ibc lbllowin~ represent:ltl(ms made by I lab~tat fi~r I lure:rally of Collier County. Inc.: A. The Dwelling Unit shall be sold to a lirst-time home bu)'cr. B. The Dwelling Unit shall be sold to a household w~th a very Iow income level ;ts tha~ ~crm is dclincd in Ibc Appendices to Ibc respective Impact Fee f)rdmances and thc illolllht? paymclll Io purchase Ihe unit must be within lhe affi~rdable housing guidelines cstabhshcd m the ,Appendices respective Impact Fee Ordinances. C. 'l~e l)welling Unit shnll be Iht I lomestcad oflhe owner. D. 'lq~e Dwelling Unit shall remain aflbrdable lbr filicen (I5) years from thc date thc certificate occupa~lcy is issued. NOW Tlllil~liFORl!. BE FF RIiSOI.VEI) BY TIll5 B~)ARD OF ('f/liN'l'Y ('~IMMISSIONERS OF COLLIER COUNTY. FI.(~RII)A. Ihnt: I. 'lhe Board of Counly ('ommissmncrs hereby nulhor~zes ll~e ('otmly Manager 1o issue an Au~horJzalmn lbr waiver of impncl l~cs ~o l labilal tbr l lumanily o~' {'oilier ('oullly. [lie. Ibr one ( 1 ) house which shall be c~mslruclcd on I~oI 13. lllock II Naples M:mor Addm.n. FI.rida. 2. tIImn rcccq~t l)y Ibc Jlousmg ami JJrba~l J~llprovcmcnl l)ircclor ()f mi agreement Illlp;lCl I~'C5 51gllt'd b)' Jlal~ll;ll Ji~l IIulII:IIIIIV ¢~j'( ',~lJ~t'r ('*~ulllv. Jilt . ;~ll~J ~l Iht' J~,llt'ha'.t't. documcnlat~.~l ncccplabJe Io lhe ('ounl5' Allonle}'. lhe J~onrd ,~l' ('otml5' ('omm~ss,oncrs aulhorizcs Ibc paymcnl by ('oilier ('otmty ol'lllc Iblhnvmg mlpacl fees l?~m~ Iht Al'li~rdablc I lousing Trust Fund. Fund ( 191 ). in Ibc lidh~x~ mg amounls fi~r Ibc one ( I ) house Io be bmll on I.ol 12. Block I INa ~lcs M; nor Add,lion by l lab~lat I~r [lumamty ofC'ollicr ('otmly. Inc.: A. l.lbrary Impact Fcc 5 l S0.52 IL Road Impact Fee 1.379.00 C'. Parks and Recrcalional Facilities Impact Fee: ( I} Community l'arks 399.fD (2) Regional Parks I I3. EMS Impact Fcc I(. Edt~cali,naI Facilitics hnpact Fcc 1.77S.OO ]:. Walcr Impacl Fcc 9riO.Oil G. Sewer Impacl Fcc Tf )TA I, I Xl i'A(~T I-'E ES S6.169.52 3. Thc pas'mcnl .1' imp;icl Ik'cs bS' ('tdhcr ('otmlb' is subjccl It) Iht cxccul,m and rccordalion of an agrcemcnl Ibr x~a~vcr of ('t~lhcr ('otmly lmpacl Fees bclwccn Iht properly purchaser and Ibc ('ounly. This Resolution adopted after mothm, second and majority vote favoring same. ASTEST: DWIGIIT F.. BROCK. s~gnatur.~ Approved as to form and legal sufficiency: lteidi F. Ashton Assistant County Attorney I~OARI) ()F COUNTY ('()I.I.II:.R ('OUNTg'. FI.()RII)A By: ~.- -- · ('hmrm;m id/c/Naples Manor Addifion'rcso EXIlIBIT "A" I.E(;AI. DES('RI PTI()N I.OT 12 OF BI.O('K 1 I. N..s,I'I.F.S MANOR AI)I)I'FION. A('CORI)ING 'I'() TI Iii I'I.:VI' BOOK TI IIiRI:.OF. 3. AT PA(iii 87. ()l: Tllli FI.ORID:X. 6A24 AGREEMENT I:OR W..\IVI,~R OF COI.I.IER COUNTY IMPACT FEES This Agreement for the Waivcr of Impact Fees entered into this/~ day el' ~,__ ,, 19~. by ami between thc Board of County ('ommissioncrs el' Collier ('Otlllly, Florida. hcrcinaficr rct~rrcd lo as "COUNTY" alld tlabitat liar llumanitv nF ('oilier ('Otlllty. lilt., hereinafter rct~rrcd to as "OXVNER." W IT N E S S E'F I1: WHEREAS. Collier Cotmty Ordinance No. 98-69, the Collier Cotmty Regional Water and/or Sewer Systems Impact Fee Ordinance; ('oilier C'oul~ty Ordinance No. 88-97. as amended. fi~e Collier County Lil~rarv System Impact Fee Ordinance; Collier CotHlly Ordinance No. g8-96. as amended, thc Collier C'otmty Parks and Recreational Facililies Impact Fee Ordinance; Collier County Ordinance No. 91-71. as amended. Ibc Collier County Emergency Medical Services System Impact Fee Ordinance: Collier County Ordinance No. 92-22, as amcnded, the Collier County Road Impact Fee Ordinance; ami Collier County Ordinance No. 02-33, as amended, the Collier Counly Educational Facilities Syslem Impact Fee Ordinance, as lhev may be Furlher amended From time to lime hercinalier collectively referred lo as "Impact Fee Ordinance". provide For waivers of impact Fees For new owner-occul~ied dwelling unit qualilying as affordable l~ousing; and WHEREAS. OWNER has applied tbr a waiver of impact lbcs as rctluirod by lho Impact Fee Ordinance, a copy of said application being on file in the office of liousing and Urban l)llprov¢~ll¢llt; llIld \VHEREAS, the County Adn~inislralor or his designee has reviewed the O\VNER's application and has fouml that it complies with tile requirements For an affordable housing waiver of impact fees as eslablished ill the Impact Fee Ordinancc: and WHEREAS, the impact fcc waiver shall be presented ill lieu of payment of tile requisite impact fees subjecl 1o satisfaction of all criteria in tile Impact Fee Ordinance qtmliFying tile project as eligible For an impact Fee waiver:, and - I - 16A24 . WHEREAS, lh¢ COUNTY approved a waiver of impact fees for O\VNER embodied in Resohltion No. ~.~l'-_,f'/ at its regular meeting of~_~,. . 19t~, ami \VHEREAS, the Impact Fee Ordinance requires that the O\VNF. P, enter into Agreement with the COUNTY. NOW, TIIEREFOP, E. in consideration of the foregoing recitals, tile parties covemmt and agree as Follows: 1. RECITALS INCORPORATED. The Foregoing recitals are Irue and correcl and shall be incorporated by ret~rcnce herein. 2. LEGAL DESCRIPTION. The legal description of thc dwelling unit (thc "Dwelling Unit") and site plan are allachcd hereto as Exhibil "A" and incorporaled bv reference herein. 3. TERM. OkVNER agrees that the Dwelling Unit shall remain as al'lbrdablc housing and shall be off, red For sale in accordance with the standards set tbrth in thc appendices to thc Impact Fee Ordinance for a period of fi ficen (15) years commencing fi'om the date tile ccrtificatc of occupancy is issued For the Dwelling Unit. Following: REPRESENTA'FtONS AND WARRANTIES. OWNER represents and W;.II'I'alIIS lhe The Dwelling Unit shall be sokl Ioa household with a very Iow income as defined hi thc appclldiccs I0 lilt hllpact [:cc Ordinance and his/her monthly payments to purchase thc Dwclling Unit shall be within thc aflk)rdable housing guidelines established in the appendices to thc Impact Fee Ordinance; b. The Dwelling Unit shall bc sold to a first-time home buyer: The Dwelling Unit shall be the homestead of owner; The Dwelling Unit shall remain as affordable housing lbr fifteen (15) years From the date the cerlificatc of occul'mncy is issued for the Dwelling Unit; and OWNER is thc owner of record of thc Dwelling Unit and owes impact Ices in thc total amount oF 56.169.52 purstmnt to the Impact Fcc - 2 - Ordin:mcc. In return lbr the xvaivcr of thc imp;tot Ikcs owed by OWNER. OWNER coven:mis and agrees to comply with thc aflkmlahlc housing impact Ikc waiver qualilicatiml criteria detailed in thc Impact Fcc Ordinance. 5. SUBSEQUENT TRANSFER. lf OWNER sells thc Dwelling Unit suhjcct to impact fcc waiver to a subsequent ptlrchascr, thc Dwelling Unit shall be sold only to households meeting the criteria set forth in the Impact Fcc Ordinance. 6. AFFORDABLE I~EQUIREMENT. Thc Dwelling Unit must be utilized for aflBrdablc housing for a fifteen (15) year period after thc date thc certificate of occtlpallcy issued; and if thc Dwelling Unit ceases to be utilized for that pt~rposc during such period, thc impact fees shall be immediately repaid lo thc COUNTY. 7. IJEN. Thc waived impact fees shall be a lien upon thc Dwelling Unit on thc effective date of this Agreement; which lien may be Foreclosed upon in thc event of non-compliance with thc requirements of tl~is Agreement. 8. RELEASE OF LIEN. Upon satisll~ctory completion of thc Agreement requirements and fifteen (15) years alicr thc date of issuance off Ibc certificate of occtq~ancy, or upon payment of the waived impact l~cs, thc COUNTY shall, at thc expense of the COUNTY, record any necessary documcnlation evidencing thc termination oF thc lien. including, but not limited lo, a rcicasc of lien, 9. BINDING EFFECT. This Agreement shall be binding upon thc pm'tics to this Agreement and their respective heirs, personal represcnlativcs, successors told assigns. In thc case of sale or transfer by gift of thc Dwelling Unit, thc original OWNER shall remain liable for the impact fees waived until said impact fccs are paid in full or until thc conditions set the Impact Fcc Ordinance arc satisfied. In addition, this Agreement shall run with thc land and shall remain a lien against the Dwelling Unit until thc provisions of Section 8 arc satisfied. I0. RECORDING. This Agrccmcnt shall be recorded by OWNER at thc expcnse OWNER in the OFficial Records of Collier County, Florida, within fifteen (15) days at~cr execution o ffthis Agreement by thc Chairman off thc Board o ffCounty Commissioners. - 3 - 6A24 I1. DEFAULT. OWNEI>,shall beindcfimltol'thisAgrccmcnt(l)whcrcO~VNER fifils to sell the Dwelling Unit in accordance with ll~c al'lbrtlablc hot,sing standat-ds and qualification criteria established in thc Impact Fcc Ordinance and thereafter Iitils to pay thc impact fees due within thiFty (30) days of said non-compliance, or (2) where OWNER violates one of thc affordable housing qualilication criteria in thc Impact Fcc Ordinance Ibr a period of fifteen (15) days after notice of the violation. 12. REMEDIES. Should thc OWNER of thc property fidl to comply with thc said qualification criteria at any time during the fifteen (t5) year period or shoukl OWNER violate any provisions of this Agreement, thc impact fees waived shall be paid in Full by OWNER within thirty (30) days o1' said non-compliance. OWNER agrees that thc impact l~cs waived shall constitute a lien on thc Dwelling Unit commencing on thc cfi~ctix'c ti:ftc of this Agreement and continuing for fifteen (15) years from the date of issuance off thc certificate of occttpallcy or until repaid. Such lien shall be superior and paramount to the interest in Ibc Dwelling Unit of any owner, lessee, lcnanl, mortgagee, or other person except the lien lbr County taxes and shall be on parity with thc lien of any such County taxes. Should thc OWNER be in dc[kmlt of this Agreement and thc dclSmlt is not cra'cd within (30) days after written notice to OWNER, thc Board may bring a civil aclion to cnlBrcc this agreement. In addition, thc lien may be tbrccloscd or othe~visc entbrced by the COUNTY by action or suit in equity as lbr thc lbrcclosurc of a mortgage on real property. This Fcmcdy is cumulative with any other right or Fcmcdy available to thc COUNTY. The Board shall be entitled Io recover all t~cs and costs, including attorneys fees, incurred by thc Board in cntbrcing this agreement, plus interest at thc statutory rate judgments calculated on a calendar day basis until paid. IN WITNESS WItEREOF, the pmlies have executed this Agreement lbr Waiver of Impact Fees on thc date and year first above written. OWNERS: I IABITAT FOP, I IUMANITY OF ('OLLIE~ COUN'FY. IN('. ~ CCHarl~s C. Sm.,t)/V?(l'res,dqnt DATED: .lAN 1 2 ~5~qq · ATTEST: DWIGHT E. BROCK, Clerk '~'/. Attest aS to CMtrman's signature Approved as to form and legal sufficiency Heidi F."AShton Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLI. IER COUNTY, FLORIDA STATE OF Florida ) COUNTY OF Collier ) The foregoing instrumcn! was acknowledged before mc this _ _ by Charles C. Smith. kllOWll {O lllC. [NOTARIAL SEAL] /17. day of /)./rtw,~,/h' x' , 1998 Vice l'rcsidcnt o1' l-tabitat lbr Humanity of Collier Cotulty, file. Hc is personally Signature o£ ['¢rson Taking Acknowl~dgmcnt ,,-.,. <.),;, z ..,:, Name of Acknowledger Typed, Prim~ed or Stamped O id/gm/c/naples manor lakes,'agrce EXIIIBI'F I.E(;AI, I)ESCI~,I PTION i.OT 12 OF BI. )(K 11, NAI'LES *'IANOR. AI)DITION. AC'('ORI)IN(i TO TI IF. I'I.AT IIOOK TI IFA~F. OI:, AS I~F.C()I~,DF.D IN I'LAT BO(.)K 3, AT I'AGF. 87, OF Till:. f'UIII.IC RECORI)S OF COI.I.I F.R COUNTY I:I.ORI DA. CZ> - 6 RI.~SOI.UTI¢)N ()1: 'fill; B()AI(I) ()F ('()UN'IY ('()MMISSI()NI.~RS, ('¢)I.I.II..'R COUNTY. FI.OR[I)A. AIiTII()RIZIN(i WAIVER OF RI(GI()NAI. WATI:R SYSTEM IMI'A('T I.II~RARY SYS'I'EM IMI'A('T I:EI(~. PAl(KS ANI) RI:('I~I[A'H()NAI. FA('II.ITII~S IMI'AC'F I:EI~S. I~),-~I) IMI'Af'I' l:l(l(S. I.~MI(RfiI(NI'Y MI(1)I('AI. SI(RVI('ES IMI'A('I' I:EI~S ANI) EI)IR'ATIf)NAI. l:Al'll.l'lll(fi NYS'I'I(M IMI'A('T I:I(I(S I:{)R IItJMANI'IY ()1: f'~)l.l.ll:R t't)I~N'I'Y. IN('.. ON 13Yl'2fl BI.t)('K II. NAI'I.I(S MANf)R I~XTI~NSII)N. WI IIiREAS. ('(,Ihcr ('ounty has recogmzcd and :~ltempled lo address thc luck of adcquale and al'fi~rdable housing fi~r m~nlcratc, I,w. ;,.d vcry-l.w mc,mc h.usch, flds m file (',mnly and Ibc nccd [~ c~cal~vc ami programs 1o assist in the provision of such housing by {llcluding several provls~ons in iht ('ollicr ('oumy Growth Management Plan. including: objcct~vc 1.4. p.hcy 1.4.1; ~bjccl~vc 1.5. imhcy 1.5.2. I)-hcy 1.5.3. p,)hcy 1.5.4, policy 1.5.5. pollcy 1.5.6: t~bjccllvc [.6, p.hcy 1.6.3; .hjecl~vc 2.1. lmlicy 2.1.1. pohcy 2.1.2. pohcy 2.1.3. policy 2.1.5. and policy 2.1.6 of Iht II.using Elcmcnl: and WI IER[~AS, (5,lhcr (',,unly has received lunthng pursua~l lo thc SI;itc I lousmg Initiatives l'arlncrship Program set fo~h in Sect,m 420.907 cl. seq.. I.l.r~da Statutes and ('haptcr 91-37. Florida Admmislra~ivc ('ode; and WIIt/REAS. in accordance ~vilh ('.{hcr (',nmly ~lrdmancc N,. 93-19. Ibc (',ual5' ~s atflhot'ixcd Io usc funding from Ibc State Ihmsing lnitialivcs Partnership [SIIIP[ Program lbr x~:.vcrs of('oilier ('ounty impac~ and WItEREAS. I labilal li~r llumanily of ('olhcr County. Inc. ~s seeking a wmvcr of impacl lk'cs: nmi WttEREAS. l labitat Ibr l lumamty o1' ('ollicr County. Inc. will conslrucl one (I) flu'cc-bedroom unil (~hc "Dwelling Unit") on Lot 26. Block I I Naples Manor Extension which is proposed Io sell fi~r Forty-Six Thousand Five ltundred Dollars (5.$6.500.00}: and WIIIiREAS. thc l)wcllmg Unit wdl bc purchased by a very low incmnc household whlch is rcqulrcd invest a minimum of five hundred (500) hours of"Sweat Ikluily" bclbre il oblains litlc Io Iht house: and WIIEREAS. Mr. ('harlcs ('. SmHh. Vice I'rcsidcm of [labilat fi)r llumanily of ('oilier ('ounD'. Inc,, submiued Io the Office of l lousing and Urban Improvement nn Aflbrdable l lousing Applicalion daled October 8. 1998 for a waiver of impact I~cs lbr Ihe construction of a house on [.oI 26. Block Il N~u)lcs Manor Extension. a copy ol'said application is on file in Iht llousmg nmi t~rban [mprovcmcnl I)cparmlcnl: and WIII~REAS. m ace.rd:moo xxilh Ncc~l,n 3.O~ .f Ibc Rcgmn:d ~Villgr and ,r Scx~cr Svslcms hnl~nCl Fcc Ordinance. Ordinance N~. 9S-69: Scclmn 3)IA of file [.ibrary Nvslcm Impacl Fcc ()rdinancc. ()rdinance No. as amended: Scclion 4.~5 of Ibc I'arks ami Rccrcatumal I:acilil~cs lmpacl [:gc ()trim:race. ()l'dillalIcc No. SS-96. as amended: Section 3.04 o1' thc Road Impacl Fcc ()rdinancc. ()rdmancc No. 92-22. as amended; Scclion 3.05 of Ihe Emergency Medical Services Syslcm hnpact Fcc ~)rdm:mcc. ()trim:race N~. 91-71. ns amended: and Section 3.05 lhe Educational Facilities System lmpacl Fcc ()rdmancc. Ordinance N-. 92-33. as amended: an apl)licanl may obtain a waiver of mu)act I~cs 1D' quail l~'mg lbr a wmxcr: and A. 'l]~e Dwelling Llnit shall be sold I. a firsl-limc hmne huyer. B. 'l]~c Dwelling Unit shall be sold to a household wifll a very Iow income level as thai ~crm ss defined in thc l~ppelldiccs lo Iht respccllve Impac~ Fcc ()rd~naltccs ;tntl lilt momhly i)ay~1~cnl Io purchase thc tillil llltlSl bu witim~ tile aflbrdablc Imusmg gtlldcJincs csml~hshcd m Ibc Appendices lo respective lmp:~cJ Fcc ()rdinanccs. C. Thc l)~cllin~ Unit shall bc II~c I lomcslcad of thc mvncr. D. Thc Dwelling Unit shall remain afl~rdable fi~r fil'~ecn (151 years IFoln thc date thc ccrulica~c of occupancy is issued. NOW 'FIIEREFORI~. lie IT I~ILS()I.VEI) BY 'I'111~ B()ARI) OF ('( )I ~N'I'V ('()MMISSI()NI~RS OF COLI.IEP, COUNTY. FI.ORII)A. that: I. 'title ]'h)ard of' ('oxJnty ('ol;',IlliSslOIlCFS hereby Authorization fi}r waiver of inlpaCt I~es 1o J{abitat Ibr [lumanily of Collier ('ounl?. [nc. Ik~r one ( 1 ) house %vhich shall be conslructcd mi l.ol 26. Block I1 Naples Nlzmor I:xtcnsi.n. Collier County. Flor/da. Upon receipt by the l lousillg alld Urban [lllprovcnlent [)ircclor o1' all ;~grccnlc~lt fi}r ~x;nvcr of impacl fk'es signed by Ilabitat lbr llumanity of ('olhcr County. Inc.. and or thc purchaser, or other doculllClllZlBt}n acccplahle Io lJlc ('Otlllly Allorney. the Board of ('Otllll>' ('onlllll~Sloncrs hcrchy authorizes thc payment by ('olhcr ('ounly of thc li)lhm'ing impact l~cs from thc Aflbrdablc Ihmsing Trust Ftlnd. Fund { 1911, in the fi)flowing amounls fi~r thc one { I ) house to be huilt on l.ol 26. Block I [ Naples Manor Extension hy l lahitat fi~r Ilumanity ol'Colltcr ('ounty. Inc.: A. I.ibrary Impact Fee S 180.52 B. Road hnpact Fcc 1.379.00 C. I'arks and Recreational Facilities Impact Fcc: ( I ) ('omnmnity Parks 399.00 (2) Rcgitmal Parks 179.00 I). EMS Impact Fcc 14.00 I~. I~ducational Facilities Systcnl lmpacl Fcc 1.778.00 ]:. Walcr Impact Fcc G. Sewer Impact Fcc TOTAl, IM PACT FEES S6,169.52 3. The payment of impact Ikcs by Collier Coumy is subject lo linc cxccution and rccordalion of an agrccnlcllt I~)r waiver of ('oilier ('OtlHly Impact Fccs between Ibc properly owner and/or purclmscr and Ibc ('ounly. This P, esolud.n adoplcd alicr momm. second and m:uorny vmc l:avoring same. DATED: j~ I ~ ~¢~,_'.,,. ,. ATTEST: DWIGltT E. BROCK, Clerk Attest ~ to Approved :s to £o'~n~ legal sufficiency: lte[~ti F. Ashton Assistant County Altomcy BOARD OF COUNTY COMMISSIONIiI*,S COLI.IER COUNTY. FI.ORII)A ( 'hll I rlllll ri jcl/c/Naples Manor Extcnsiow'rcs~ EXIIIBIT "A" I,E(;AI. I)ES('RII'TION I.OT 26 ()[: BI.OCK 1 I. N..\I'I.F,S M:XNOR F, XTF. NSI()N. A('C()P, DIN(} '1'() 'I'1 IF, I'I,AT Bt)()K 'l III!RF. OF. AS REC()RDF, I) IN I'I.A [' IIO~IK 3. AT I'AGI': 87. OF TIIE I'UI/LIC RI'~CORDS OF COI,I.IER ('OI INTY FI.OI~,I I)A. v A(;IU,;I:.~Ii,~NT 1,'()!~. WAIVEI,[ OF COI,I.IER COUNTY I,~li':\('l' FEES .1 6,q2 4 This Agrcemcnt fi)r thc \Vaivcr of Impact I:ces entered inlo this/~ day of~ 199}, bv and between thc Board of County Commission(rs of Collier ('ounty, Florida, her(in:trier rcfe~Tcd as "COUNTY" and tlabilat tbr t lumanity of (..'oilier County, Inc., hcrcinaticr rct~rrcd to as "OWNER." W I T N E S S ET t1: WItEREAS, Collier County Ordinance No. 98-69, the Colticr County Regional Water an~or Sewer Systems Impact Fee Ordinance; Collier Cotmtv Ordinance No. 88-97, as am(nd(d, the Collier County Library System Impact Fcc Ordinance; Collier COtllllV Ordinance No. 88-96, as amended, the Collier County Parks and Recreational Facilities hnpact Fcc Ordinance; Collier County Ordinance No. 91-71, as amended, thc Collier County Emcrgcncy Medical Services System hnpact Fee Ordinance; Collier County Ordinance No. 92-22, as amended. Ih( Collier County Road Impact Fee Ordinance; and Collier County Ordinance No. 92-33. as amended. Collier County Educational Facilities System hnpact Fcc Ordinance, as they mav be lkn-thcr amended from time to time hcrcinaficr collcctivcly referred to as "Impact Fcc Ordinance", provide for waivers of impact fccs lbr new owner-occupied dwelling unit qualifying as affordable housing; alld WHEREAS, OWNER has applied for a waiver of' impact fees as required by the Impac~ Fee Ordinance, a copy of said application being on file in thc office of ltousing and Urban= Improvement; and WHEREAS. the Cotlnty Administrator or his designee has reviewed the OWNER'~ application and has found that it complies with thc requirements for an affordable housing waiver of impact fees as established in the hnpact Fee Ordinance; and WI IEREAS. thc impact f~c waiver shall be presented in lieu of payment o1' thc requisite impact fees subject to satisfi~ction off all criteria in the Impact Fcc Ordinance qualifying thc project as eligible For an impact Fee waiver; and - I - Resolution No. 9~- .5",,~ at ils regular mecling of _~~. . 19~; and WIIEREAS, thc Impact Fcc Ordinance requires that thc O~VNER cnlcr into Agrccmcnt with thc COUNTY. NOXV, TI IEREFORE, in consideration of thc foregoing recitals, thc pm'tics coven;mt and agree as Follows: I. RECITALS INCORPORATED. Thc foregoing recitals arc truc and correct ;llltt shall be incorporated by reference herein. 2. LEGAl. DESCRIPTION. Thc legal description of thc dwelling unil (thc "Dwelling Unit") and site plan are attached hereto as Exhibit "A" and incoq,oratcd bv rcfcrcncc herein. 3.TERM. OWNER :tgrccs that the Dwelling Unit shall remain as :~l'lbrdablc housing and shall be offered for sale in accordance with thc standards set forth in thc ~ppcndiccs Impact Fcc Ordinance For a period of fil~ccn (15) years commencing from thc dale thc certificate of occupancy is issued for thc Dwelling Unit. 4. REPRESENTATIONS AND WARRANTIES. OWNER rcprcscnts and wan-anls thc following: The Dwclling Unit shall be sold to a household with a very lox,.' income as defined in the apl, Chalices to lhe Impact Fcc Ordinance and his/her monthly payments to purchase thc Dwelling Unit shall be within thc affordable housing guidelines established in the appendices to the Impact Fcc Ordinance; The Dwelling Unit shall be sold to a first-time home buyer; Thc Dwelling Unit shall be the homestead of owner; Thc Dwelling Unit shall remain as affordable housing lbr fil~ccn (15) years from the date the certificate of occupancy is issued for thc Dwelling Unit; and OWNER is thc owner off record of thc Dwelling Unit and owes impact fees in thc total amount of S6.169.52 purstmnt to thc Impact Fcc - 2 - c> Ord/mmcc. In return Ibc tile waiver of tile impact fees mvcd by OWNER, O~VNER covenants and agrees to comply with thc aflbrdablc housing impact fee waiver qualification criteria detailed in the Impact Fee Ordinance. 5. SUBSEQUF. NT TP, ANS[:f!P,. IFOWNf!R sells thc Dwelling [init subject It) thc impact Fee waiver to a subsequent purchaser, the Dwelling Unit shall be sold truly to hotmcholds meeting tile criteria set Forth itl tile Impact Fcc Ordinance. 6. AFFORI)ABLE REQUIRE*lENT. The Dwelling Unit must be utilized for affordable housing for :t fifteen (15) year period after tile date thc certificate of occupancy issued; and if the Dwelling Unit ceases to be utilized for that purpose during such period, thc impact Fees shall be immediately rep;fid to thc COUNTY. 7. LIEN. ef£ective date of this Agreement; which lien may be foreclosed upon non-compliance with the requirements ol'lhis Agreement. 8. RELEASE OF LIEN. Upon satisFactoD' completion of thc Agreement requirements and fifteen (15) years after the date of issuance of thc cerlificatc of occupancy, or upon payment of the waived impact Fees. Iht COUNTY shall, at thc expense of thc COUNTY. record any necessary documentation evidencing thc termination of thc lien, including, but not limited lo, a release off lien. 9. BINDING EFFECT. This Agreement shall bc binding upon thc pm-tics to this Agreement and their respective heirs, pcrstmal representatives, successors ami assigns. In thc case of sale or transfer by gift of thc Dwelling Unit, thc original OWNER shall remain liable For thc impact fees waived until said impact l~cs are paid in lk~ll or until thc conditions set Forth in the Impact Fee Ordinance are s~tisficd. In addition, this Agrecmenl shall run with thc land and shall remain a lien against the Dwelling Unit until the provisions of Section 8 arc satisfiod. I0. RECORDING. ThisAgrcemcntshaIIbcrccorded byOWNER atthccxpcnscoC OWNER in thc Official Records of Collier County, Florida, within fifteen (15) days after execution of this Agreement by thc Chairman of thc Board of County Commissioners. The waived impact fees shall be a lien upol~ the Dwelling Unit on tile in tile event of - 3 - 1 I. DEFAULT. OWNER. shall be in default of this A~rcemcnt (1) where OWNER fails to sell tt~e Dwelling Unit in accordance wifl~ ll~c affordable housing standards and qualification criteria established in tl~e Impact Fcc Ordinance and lhcrcaficr Fails Io pay impact fees due wififin fifirly (30) days oFsaid non-compliance, or (2) where OWNER violates one of lhe affordable housing qualification criteria in the Impact Fee Ordinance For a period of fifteen (1~) days after notice of il~e violation. 12. REMEDIES. Should lhe OWNER'of the property t~fil Io comply wifl~ ~l~e said qualification criteria at any lime during the fifteen (15) year period or should OWNER violate any provisions of this Agreement. the impact fees waived shall be paid in full by OWNER within thMy (30) days of said non-compliance. OWNER agrees that the impact l~es waived shall constitute a lien on the Dwelling Unit commencing on thc effective date off this Agreement and continuing for fi ficcn(15) years from lhc date o V issuance off thc certificate of occupancy or until repaid. Such lien shall bo super/or and paramount to tl~c interest in thc Dxvclling Unh oF any owner, lessee, tenant, mortgagee, or other person except the lien for County taxes and shall bc on parity wilh the lien of any such Cotmlv taxes. Should thc OWNER be in dct~mlt of this Agreement and the defituh is not cured w/thin (30) days after written ~lolJcC IO OWNER, thc Board may bring a civil actiotl Io cnlbrce this agreement. In addition, thc lien may be foreclosed or otherwise cnlBrccd by thc COUNT5' bv action or suit in equity as lot thc IBrcclosurc of a mortgage on real property. This remedy is cumulative with any other right or remedy available lo the COUNTV. The Board shall be entitled to recover all fees and costs, including attorneys fees, incurred by the Board in enforcing this agreement, plus interest at thc statutory rate for judgments calculated on a calendar day basis until paid. IN WITNESS WftEREOF, thc pamics have executed lhis Agreement for Waiver of Impact Fees on thc date and year first above written. Witnesses: - 4 OWNERS: HABITAT FOR HUMANITY OF COLLIER, COUNTY, IN~. U1i~rl~s C. Sm, Jt~gh'c;Presit~nt DATED: ,IAN ~ ? ~gq9 ATTEST: DWIGHT E. BROCK, Clerk Attest a~ to Chairman's signature onlz. Approved as to form and legal su fficicncy I J' Heidi F. Ashton Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORID,,\ Chairman STATE OF Florid;1 ) COUNTY OF Collier ) Thc foregoing instrument was acknowledged before me this by Charles C. Smith, krlowrl lO mc, [NOTARIAL SEAL] /'.Z day oF ,,'9,/".,,2->..,.e.~',/--, 1998 \"ice President offtal~itat for tiumanity of Co'ilicr County, Inc. lie is personally '..-d,~ ,,r ..., <...< ('/:"<. .< SIgpature of Person Taking Acknowledgiimnt Name of Acknowledgcr Typed, Printe/ff"or Stamped jd/gm/c/naples manor lakes/agree (:222) - 5 - 16/4 4 EXIlIBIT "A" I.EGAI~ I)ESCRII"FION I.OT 26 OF BLOCK I 1, NAI'LES MANOR EXTENSION, A('CORI)ING TO TIlE PLAT BOOK TItERF. OF. AS RECORDED IN PI.AT BOOK 3. AT PAGE 87, OF TI IE I'UBLIC RECORDS OF COI.I.IER COUNTY FI.ORIDA. - 6 - / '% " /, C ¢. 2502 PG: 0812 *** RI:,SOI.I,iTION ~')1: 'I'IIE II()ARI) ¢~1: ('(,RIN'F'~' ("¢).%IMISSi(')Ni~.RS. ('()I.I,II!R ('()!.~N'I'Y. I:I,()RII)^. AII'III¢IRIZh%'G W^IVIW, (~1: IH;('iII)NAL W^'I'IiR $'~'$'I'E,%I IMI'A('I' FEI.~.g. RI'XiI()NAI, SFAVI.,'R S'~'gTF, M IMP/~('I' FliES. LIIIP, AI?.Y .";VSTF, M I.%II'A('T l:l:,li~. PARKS ^NI) F^CJII,ITII!S IMI'A('I' FI:,I~.',;. R()AI) I.%II'A('I' FI~,E.g. EMER(iI.:N~'y MEDICAl, · SERVICF. S IMPA(.'I' Fl'.'l:."; .'\ND F.I)!.~('A'I'I()NAI. FA('II.ITIF. S SYSTliM I,x'II'A('T Fl'liS F¢)R ()NI! I I( ~1L";I! T() HE ('(~N.";TRU('I'I~I) IIUMANITY ¢~1: ('~)l.l.lliR ('~I~N'I'Y, IN(",. ¢)N 1.(~'1' 27. IH.(R'K II MAN()R. li?(TI!NSI(JN'. ('C)I I.Ilil~ UOUNTY. FI.()RIDA. ",VIII!RIiAS. Cnlhcr ('ouI~ty h;~,, rec,~,~nl/ed and :mempted tn addrc~ thc Inck ~l' adequate and al'fi~rdablc housing fi)r moderate, low. and very-lnw inu~)nle households in lhc ('~)H%lly and the need fi~r crcal~x'e and inm)vative programs to assist in thc pmv~sion of such hnusmg by mclmhng scecral provls~ms m iht ('oilier ('ounly (;rowlh Managcmcnl Plan. including: objective 1.4. p~filcy 1.a.l: objecln'c 1.5. p~fiicy 1.5.2. policy 1.5.3. p~fiicy 1.5.4. policy 1.5.5. policy 1.5.6: M¥cclivc I.fi. p~hcy 1.6.3: obJeCtiVe 2.1. pohcy 2.1,1. p~dlcy 2.1.2. p(~JJcy 2.1.3. policy 2.1,5. and policy 2.1.6 ~ffthc Ilousmg Elcmem: and WIll/RI/AS. ('olhcr ('nunty has received l~nltJnlg pursuant lo Ibc ~l:llC Ilnusing Jnilialives P:~rtncrship Program scl l~rlh in Section 421~ ~)1;7 ~Kq. I:h~rM:~ SlllttllCs and ('hapter UI-37. Floridn Administrative. ('ode: and WI IERIJAS. in accortkmcc ~llh ('nlher ('~mnty ~rdmancc No. 93-1~L Ibc ('Otmly ~s nnthorizcd to use funding I?om thc State lhmsmg [nili~live~ l'arlncrshlp ]~1t11,I Program lbr w;nxcrs of ('oilier ('~mnly and \VI [F. REAS. I1ahll;fl l'~r |ltJm;~mly ~,1'( 'nlhcr ('onnly. Inc. Is socking a xxalx cr of imp:icl l~'es: and ~VIII(REAS. llabil:ll l~)r Ilum:m~jy o1'1 'nlher ('nunW. Inc. ~xill conslrucl one (I) Ihrce-bctlro~m~ unil (thc "l)welling Umt") on I.o~ 27. Hh~ck I I Naples N1;m,~r Exlcn~ion XV]liC]l is prnposcd m sell I~r Forb.-Six TllouSalld Five I [undred Dollars ~S46.500J~0): and WIH~REAS. the l)we/Img []Ilil ~l~ll he purchased hy a very low income houselmld whicl~ is required invest a minimum of five hundred (500) hours of"Sweat [!tltnty" I~c'fi~re it nblains lille 1o the h~]tlSC; WIIEREAS. Mr. ('harlcs ('. gmhh. V~cc ['resident of Ilahitat fi~r Ilumanity ~1' C~filicr ('ntmty. Inc.. submitted to the Office of Ilonsing and l lrh:m lmt~rovcn~cnt an AI]i~rdablc Ilousmg Applicnhnn da:cd ()ember 8, 1998 fi~r a waiver ~1' Imp:~cl IL. es liar Iht cOnslrUcll~m ol' a house nn 1,ot 27. Hlnck 1 I Naples copy oFsaid application is on l)lc m thc Ihms,~g ami ~Jrb:m Improvement Dcparlmcnl: nmi WIII~REAS. m accordance with Scclnm 3.~J4 of thc Rcgmnal Water and'or Sewer Systems Impacl Fee Ordinance. Ordinance Nh. 9~-6'): Sccnon 3.04 of tl~c l,fl~r:~ry System Impact Fcc ()rdinancc. ()rdinancc No. 88-97, as amended: Section 4.05 of thc Parks and Recr~'ational J:acllitics Impact Fcc Ordinance. ()rdmallcc No. g8-96, as amended: Section 3.04 ~1' thc Road hnpad Fcc ()rdmnncc. ~ ~dmnncc Nh. U2-22. ;~s nmcndcd: Scct~on 3.05 of thc Emergency Medical Services System Impact Fcc l)rdm:mce. (}rthn:mce Nh. 91-71. as amended: and Section Iht Educational l:acilil~cs gyMcm Impacl Fcc ()rdmnnce. ()rdmancc No. 92-33. as amcmJcd: an applicant may oblain a waiver of impact lyes IW qt~ahl?mg fi~r a xx;nvcr: and ",VIII~R]~A~. J k~,hH.',I fur J h. lm;mily cd'('oti~cr County. In~. ha~ qualified I~r an impact l~'c ~ aiv~r Im~cd upon Ibc l~>]lowm~ rL'pr~'~cfttatlO~lX mnd~' I~v I lahmt[ fi,r ]Iumamty o1'( 'olhcr ('otmty. hlc.: A. '111c l)wclhn~ t;nit ~hall hc .old t. a first-hmo home buyer. Thc l)~clhn:4 I',m ~hall I~c ~.ld lo a hou~chokl I~il]1:1 vcr)' Iow II1CIH11C Ic~cl ;1~ I]1[:1 [urrtl is defined unit must bc ~Hhin thc ull~rdahlc housing guiddincs cstahli~hcd in thc Appendices to Ih~ C. q]te Dwelling I Tnll shall be thc I lomcstcad office owner. D. q]le l)~cll~n~ In,t shall remain affi)rd;fl4c li,r I][Iccli liS) )'car, /'r,)m thc ti;lie lhL' ccrtHScatc of (~'cupancy I~ ~.~ucd. NOW TIIEILfLFORI:. BE l'F RILSOI.VI:D IIY 'IlIE IIOARI) OF ('f)IIN'I'Y ('()MMI5SI(INI.:RS OF COI.I.IER ('OtJN'I Y. FI.()RII)A. lhal: Autllori/alion I~r waiver ol' Inqla;'t fkcs lo JJahltal ~)r JJtlmanlty uf( 'oilier ('OtlflJ)'. lilt. fi)r one (1) house which hhMI he constructed on l.ol 27. Block I I ~aplcs Munor ILxlcnsion. ('oilier ('ounty. Florida. impact Igcs s~ncd by II,briar fi~r I lumanlly of'('olhcr ('Otllll?. lilt,. ;md/or Iht i~urchascr, or other docunlcntatlon acceptable to the ('OtlnJ)' Attumcy. thc lh)ard o1' ('OUlll)' ('omn]issioncrs hcrchy aulhorizcs thc payment hy ('olhcr ('ounly of thc Iblh)wmg impact/gus l?om thc AI]brd;ihl~ Ih)using Trust Fund. Fund ( 191 ). in thc/bllowing amounts [bt the one ( J ) housu to hc huih on J.ol 27. Block I I Naples Nl:Jnt~r Ifxtensi,m hy I lahilal fi)r Ihm~amb. ol'('olliur ('llUllty. Jilt.: ~. lnl}rary Jmpacl I:ce S l~O.S2 IL [4(~ad impact Fcc 1.379.00 ('. l'urks :md Recreational I:acHmcs Imp:icl I:cc: { J ) ( 'OI11111UllJly I)ark~ 39g.00 (2) Regional Parks 179.00 J). EMS Impact Fcc 14.00 lmpacl l'ce J .77N.00 [:. XVatcr Impact Fee 9f)O.O0 G. Sewer Iml~aCt Fcc 5~ TOTAl. I M fACT FEES S6,169.52 3. Thc paynlcnt iff' imlXtCt fk'cs hy ('oilier ("t)tifll)' iS subJeCt lo thc cxcculloll ;llltJ recordation of'an agreement Ihr waiver or ('uJJicr ('ou;~ty blip;ici J:cus J>clx%cc)l Thc j}ropcl-ty OWilcr and/or ptirchascr ;md thc ('otmly, - 2 - This I~,esoluthm ndopted al'tcr morton, second and majority vote favoring same. ATFEST: DWIGIIT E. ItROCK. Clerk Attesl, ~s to Chalr~n's signature on].~. Approved as to fi~rm and legal sufficiency: lteidi F. Ashton Assistant County Att,arncy BOARI) ()F ('ODN'I'Y { '()M MISSI()NI.3,~S UOI.I.IER COUNTY. FI.()IHI)A ( 'h:lirm:m jd.;c/Naplcs Manor Exlcnsinn'rc~. - 3 - EXIIIBIT i.E(;AL I) E.',;CI,H I'TI ON I.OT 27 OF BI.OCK I I. NAPI.F.S MANOR I':XTF. NSI()N. A('¢'()RI)IN(; TO 'lllli PLAT HOOK TIIF. RIiOF. AS RI':£'ORI)F.I) IN PI.AT 3. AT I'AG f-: 87. ¢)1.' TI I1': I'IJIH,J(: RIiCORI).g ¢)F ('()I.I,II'~R COl I:I.(.IRII)A. - 4 - AGREEblENT FOR WAIVER OF COIA,IER COUNTY IMPACT FEES This Agrccmcnt for the Waiver of Impact Fccs entered into this/.,¢,, day of/,,~ 19¢~. by and between the Board of County Commissioners of Collier County, Florida. hereinafter referred to as "COUNTY" and Habitat for ttumanity of Collier Cotmty, Inc.. hereinafter referred to ;is "OWNER." W ITN ES S ET H: \\qlEREAS. Collier County Ordinance No. 98-69. thc Collier ("ounty Regional \Varec and/or Sewer Systems Impact Fee Ordinance: Collier Cotmty Ordinance No. 88-97. a~; amended. the Collier Cot, nty Libnu'y Syslem Impact Fee Ordinance; Collier County Ordinance No. 88-90. as amended, the Collier Cotmty Parks ami Recreational Facilities Impact Fcc Ordinance; Collicr County Ordinance No. 91-71, as amended, the Collier County Emergency Medical Services System Impact Fee Ordinance; ('oilier County Ordinance No. 92-22. as amended, tile Collicr County Road hnpact Fee Ordinance: and Collier County Ordinance No. 92-33, as amended, lhe Collier County Educational Facilities System hnpact Fee Ordinance, ;is they may be tkmher amended from time to time hereinafter collectively referred to as "Impact Fee Ordinance". provide for waivers of impact fees for new owner-occul-fied dwelling unit qualifying as affordable housing; and WHEREAS, OWNER has applied for a waiver of impact fees as required by thc Impact Fee Ordinance, a copy of said application being on file in the office of tloush~g and Urban Improvement; and WHEREAS, thc County Administrator or bis designee has reviewed thc OWNER's application and bas Found that it complies with the requirements for an affordable housing waivcr of impact fees :is established in tile Impact Fcc Ordinance; and WIfEREAS, the impact fcc waiver shall be presented in lieu of payment of the requisite impact fccs subject to satisfaction of all criteria in thc Impact Fcc Ordinance qualifying thc project as eligible for an impact fee waiver; and WI tEREAS, thc C'O[_INTY approved a waiver of impact fccs Ibr OWNER embodied Resolution No. 98- ~ at its regular meeting of~/~_.. . I {)t~; and X IIEREAS. thc Impact Vet Ordinance rcclu~rcs that thc OWNIZI~ enter into Agreement with the COUNTh'. NO\V, THEREFORE. in consideration of thc foregoing recitals, the parties covenant and agree as l'oIIows: 1. RECITALS INCORPORATED. The lbregoing recitals arc Iruc and correct and shall be incorporated lay reference herein. LEGAL DESCRIPTION. Tile legal description of the dwelling unit (the "Dwelling Unit") and site i'>lar~ arc attached hereto as Exhibit "A" and incorporated by reference herein. 3. TERM. OWNER agrees that thc Dwelling Unit shall remain as aflbrdablc housing and shall be offered for sale in accordance with thc standards set Forth in thc appendices to thc Impact Fee Ordinance For a period of fifteen (15))))'cars conlmencing from the dale thc certificate ofoccupancy is ~ssued for the Dwelling Unit. 4. REPRESENTATIONS AND WARRANTIES. OWNER reprcscnts and warrants thc following: The Dwelling Unit shall be sold to a household with a '`'et-.,,, lox,,, income as defined in thc appendices to thc Impact Fcc Ordinance and his/her monthly paynlcnts to purchase thc Dwelling Unit shall be within tl~c affordable housing guidelines established in the appendices to the Impact I:ce Ordinance; bo The Dwelling Unit shall be sold to a first-time home I)u)'cr; The Dwelling Unit shall be the homestead of owner; The Dwelling Unit shall remain as affordable housing For fifteen (15) years From thc date the ccrti fi cate off occupancy is issued Ibr thc Dwelling Un/t: and co O\\'NE[>, is the owner of record of the Dwelling Unit and owes impact fees in lhe total amount of S6.169.52 pursttant to thc Impact Fee - 2 - Ordinance. In return for the waiver oflbe impact fees owed by OWNER. OWNER covenants and agrees to comply with tile affordable housing impact fee waiver qualification criteria detailed in thc Impact Fee Ordinance. 5. SUBSEQUENT TRANSFER. IFOXVNER sells the Dwelling Unit subject to tile impact fee waiver to a subsequent purchaser, thc Dwelling Unit shall bc sold only to households meeting the criteria set forth in lhe Impact [:cc Ordinance. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing for a fifteen (15) year period after the date the certificate of occupancy is issued; and if the Dwelling Unit ceases to be utilized for that purpose during such period, thc impact fees shall be immediately repaid to tile COUNTY, 7. LIEN. Thc waived impact fees shall be a lien upon tile l)wclling Unit on tile effective date of' this Agrecnlcnt: which lien may be foreclosed ripen ill Ibc event of non-compliance with the requirements of this Agreement. 8, RELEASE OF LIEN. Upon satisfactory completion of the Agrccment requirements and tiftccn (15) years after tile date of issuance of the certificate of occupancy, or upon payment of the waived impact fees, tile COUNTY shall, at thc expense of tile COUNTY. record any necessary documentation evidencing thc termination of' thc lien, including, but not limited to, a release of lien. 9. BINDING EFFECT. This Agreement shall be binding upon the parties to this Agreement and their respective heirs, personal representatives, successors and assigns. In thc case of sale or transfer by gift of the Dwelling Unit, thc original O\VNER shall remain liable for the impact fees waived until said impact fees are paid in full or until tile conditions set forth in tile Impact Fcc' Ordinance are satisfied. In addition, this Agreement shall run with tile land and shall remain a lien against the Dwelling Unit until the provisions of Section 8 arc satisfied. 10. RECORDING. This Agreement shall be recorded by OWNER at thc expense of OWNER in tile OFficial Records of Collier County, Florida, within ~ftecn (15) days after execution of this Agreement by tile Chaimmn of thc Board of County Commissioners. - 3 - 1 I. DEFAULT. OWNER shall be in default of this Agreement (I) where O\VNER fails to sell the Dwelling Unit in accordance with thc affordable housing standards and qualification criteria established in thc Impact Fcc Ordinance and thereafter fifils to pay thc impact fees duc wilhin thirty (30) days of said non-compliance, or (2) where OWNER violates one of thc affordable housing qualification criteria in thc Impact Fcc Ordinance tbr a period of fifteen (15) days aRcr notice of thc violation. 12. REMEDIES. Should the OWNER of thc property fail to comply with the said qualification criteria at any time during the fifteen (15) year period or should OWNER violate any provisions of this Agreement, thc impact fees waived shall be paid in full by OWNER within thirty (30) days of said non-compliance. OWNER agrces that tl~e impact fees waived shall constitute a lien on Ibc Dwelling Unit commencing on thc effective date of this Agreement and continuing for fifteen (15) years lYom thc date of issuance of lhe cc~ificatc off occupancy or until repaid. Such lien shall bc superior and paramount to thc interest in tl~c Dwelling Unit of rmv owner, lessee, tenant, mortgagee, or other person except the lien flor County taxes and shall bc on parity with thc lien of any such County taxes. Should thc OWNER bc in delimit of this Agrccmcnt and the default is not cured wiflfin (30) days after written notice to OWNER. Iht Board may bring a civil action to enforce this agreement. In addition, thc lien may be foreclosed or othcm'ise enforced by tl~c COUNTY by action or suit in equity as lbr thc foreclosure of a mo~gage on real property. Tiffs remedy is cumulative with any other right or remedy available to thc COUNTY. The Board shall be entitled to recover all fees and costs, including attorneys fees, incurred by thc Board in enforcing this agreement, plus interest at thc statutoO' rate for judgments calculated on a calendar day basis until paid. IN WITNESS WIIEREOF, the panics have executed this Agreement for Waiver of hnpact Fccs on thc date and year first above written. Witnesses: Prl nt Name OWNERS: (:22> 0 DATED:' Jh, l~ I? ~9q9 ATTEST: DWIGHT E. BROCK. Clerk Attest as to Chairman's signature only. Approved asto ~nnand legalsufficiency Heidi F. Ashton Assistant Cotmty Attorney 16A2# BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA Cha~ nan \ STATE OF Florida COUNTY OF Collier The foregoing instrunmnt was acknowlcducd~ before mc this /_~z_ day. oF.,]..,,',I ',,',,~/.3, .'-; 1998 by Charles C. Smith, Vice Prcsident of llabitat for t fumanity of Collier County, Inc. He is personally kllown to 111o. [NOTARIAL SEAL] Si~&~ture of Person Taking Acknox~edgmcnt Name of Acknowledger Tvpcd.~rintcd or Stamped jcl/gm/c/naples manor lakes/a~,rcc - 5 - EXilIIIlT "A" I,E(;AI, I)ESClil I'TION I.OT 27 OF BI.O('K I I, NAI'I.F.S MANOR F. XTF. NSI()N. A('('{)RI)IN(i TO TIIE PI.AT BOOK TIIERI~OI:. AS RI~COI{I)t~D IN I'LAT BOOK 3, AT PAGF. 87, OF TI IE ]'UBI.IC RF.('OIU)S OF COI.I.I F.R ('OUN'I'Y FLORIDA. - 6 OR: 2502 PG: 0826 *** A25; 2421285 OR: 2502 PG: 1730 PARTIAl, REI.EASE OF I,IEN Tiffs Partial Release of Lien is made by the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, hereinafter referred to as "County", in favor of Linda J. Rodgers, hereinafter referred to as "Rodgers". W I TN E S SETH: WHEREAS, the County and Rodgers entered into an agreement for waiver of Collier County impact fees dated May 20, 1997 (tile "Agreement"), which was recorded in Official Records Book 2316, Page 1052 ofthe Public Records of Collier County; and WIIEREAS, thc County placed a lien against an entire tract of land pursuant to tim terms of thc Agreement; and \VHEREAS, the Board of County Commissioners desires to release a portion of the tract of land which does not contain thc subject affordable housing Dwelling Unit; and WI-IEREAS. thc remaining thc lracl of land is sufficient security for performance under tile Agreement. NOW THEREFORE, County does hereby release the following property from the lien created by thc Agreement: All of Tract 123, Golden Gate Estates Unit 18, except for the South 150 feet of Tract 123, Golden Gate Estates Unit 18, according to the plat thereof recorded in Plat Book 7, Page 7-8 of the Public Records of Collier County. This release cancels the lien against thc property described in this release. Tile Clerk of the Circuit Court is hereby directed to record this Partial Release of Lien in tim Official Records of Collier County to acknowledge that the lien ceases to exist against tile property described herein. *** O,R: 2502 PG: 1731 IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chaimmn, directs execution and recording of this Partial Release of Lien, by action of the Board this/~ day of ~ ,199~. ATTEST:~ DWIGHT E. BROCK, Clerk Attest as to Chafrman's signature onll. This instrument prepared by: Heidi F. Ashton, Assistant County Attome4)',/ Office of the County Attorney 3301 East Tamiami Trail, 8'~ Floor Naples, Florida 34112 BOARD OF COUNTY COMMISSIONER COLLIER COUNTY, FLORIDA , Chairman h:',l IG/It[:A/M ISU/Partial Release of l.icn-l.inda J Rodgers 2 COLLIER COUNTY LAND DEVELOPMENT CODE PERFORMANCE BOND BOND NO. KNOW ALL PERSONS BY THESE PRESENTS: that ~5-oo?~-5~9 WCI Communities Limited Partnership 24301 Walden Center Drive Bonita Springs, Florida 34134 (hereinafter referred to as "Owner") and Liberty Mutual Insurance Company Boston, Massachusetts (hereinafter referred to as "Surety") are held and firmly bound unto Collier County, Florida, (hereinafter referred to as "County") in the total aggregate sum of Three Hundred Forty-four Thousand Six Hundred and Twenty-eight Dollars ($344,628.00) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Owner and Surety are used for singular or plural, as the context requires. THE CONDITION OF Tt-IIS OBILIGATION is such that whereas, the Owner has submitted for approval by the Board a certain subdivision plat named Pine Lakes Drive - Unit 22 and that certain subdivision shall include specific improvements which are required by Collier County. Ordinances and Resolutions (hereinafter "Land Development Regulations"). This obligation of the Surety shall commence on the date this Bond is executed and shall continue until the date of the final acceptance by the Board of County Commissioners of the specific h'nprovements described in the Land development regulations (hereinafter the guaranty period). NOW THEREFORE, if the Owner shall well, truly and faithfully perform its obligations and duties in accordance with the Land Development Regulations during the guaranty period established by the County, and the Owner shall satisfy all claims and demands incurred and shall fully indemnify and save harmless the County from and against all costs and damages which it may suffer by reason of Owner's failure to do so, and shall reimburse and repay the County all outlay and expense which the County may incur in making good any default, then this obligation shall be void, otherwise to remain in full force and effect. PROVIDED FURTHER, that the said Surety, for value received hereby, stipulates and agrees that no change, extension of time, alteration, addition or deletion to the proposed specific improvements shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such change, exte/asion of time, alteration, addition or deletion to the proposed specific improvements. PROVIDED FURTHER, that it is expressly agreed that the Bond shall be deemed amended automatically and immediately, without formal and separate amendments hereto, so as to bind the Owner and Surety to the full and faithful performance in accordance with the Land Development Regulations. The term "Amendment," wherever used in this Bond, and whether referring to this Bond, or other documents shall include any alteration, addition or modification of any character whatsoever. IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be executed this 28tlMay of October, 1998. DATED as ofthls 28th day of Witness-Signature Witness-Printed Name Witness-Signature Witness Printed Name 1998. WCI Communities Limited Partnership, a Delaware limited partnership Steven C. Adelman Vice PresidenUTreasurer State of ~,.~4~ County of ~ The foregoing instrument was acknowledged before me by Steven C. Adelman, Vice President/Treasurer on behalf of WCI Communities Limited Partnership, a Delaware limited partnership. Personally known ~ or produced identification . Type of identification produced WITNESS my hand and official seal thi4~~/q-- dayof"~ --(~4.ff4& 1998. &UNTER~IGNAT~JRE;/ Licensed ~Resident.~geht NANCY H. ZALESKI (l~t~ Public My Commission Expires: Notary Printed N~e LIBERTY ~UAL INSURANCE COMPANY -l~r~/~ IE REI~OLD// ' , ATTORNEY- IN- FAC~'~' .... T,,S',OWER OF ^ rORNEY,S NOT V^L,D UNLESS,T,S PR,.TED ON RED BACKGROUNO. 3 cj 8 2_ 5 0 'This Power of Attorney limits the acl of those named herein, and they have no authority to I~ind the C;r~p,~ny except in the i . mannerandtotheextentherelnstated., i ~__~/'("~/~2' ' LIBERTY MUTUAL INSURANCE COMPANY BOSTON, MASSACHUSETrS POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the "Company'), a Massachusetts mutual insurance company, pursuant to and by authority of the By-law and Aulhorization hereinaller set forth, does hereby name, constitute and appoint, HARRY A. DINGER, JR., JOHN D. MILLER, DIANA FIGUEROA, NATALIE REINGOLD, ALL OF THE CITY OF NEW YORK, STATE OF NEW YORK ............................................................ , each individually if there be more than one named, ils true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, lot and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surely obligations in the penal sum nol exceeding -- ~ ~llLlh"~l*e***,~.*.~.*.***~.~*~'**~*.~.**"~*~*~t~ DOLLARS ($ 50 000 000 '***°*****) each. and Ihe execution el such bonds or tJn'c~e~.~k~ngs. ~n pursuance of these presents, shall be as bmdmg upon the Company as il* they had been duly s~gned by the president and attested by Ihe secretary of lhe Company in their own proper persons, That this power is made and executed pursuant to and by authority of the following By-law and Authorization: ARTICLE XVI - Execution el Contracts: Section 5. Surety Bonds and Undedakings. Any officer or other official of the company authorized for that purpose in writing by the chairman or /he president, and subject to such limitations as the chairman or Ihe president may presc~ ' e. shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the company to make. execute, seal, acknowledge and deliver as sure~y any and all undertakings, bonds, recognizances and other surety obligations, Such attorneys-In-fact, subject to Ihe limitations set Iorth in their respective powers el attorney, shall have full power lo bind the company by their signature and execution el any such instruments and to attach thereto the seal el the company. When sO execuled such instruments shall be as binding as if signed by the president and attested by Ihe secretary. By the following instrument the chairman or the presidenl has authorized lhe officer or other official named therein to appoint attorneys-in-lact: Pursuant to Article XVI, Section 5 el lhe By-laws, Assislanl Secretary Garnel "fl. Elliott is hereby authorized Io appoint such atlorneys-m-fact as may be necessary to act in behalf of the company to make, execule, seal, acknowledge and deliver as surely any and all undertakings, bonds, recognizances and other surety obligations. That the By.law and the Authorizalion above set forth are true copies thereof and are now in full force and effect. IN WITNESS WHEREOF, Ihis instrument has been subscribed by its authorized olficer and the corporale seal of the said Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting, Pennsylvania this 29~h day of . __Jg!y 19 9____Z._.7 (':t..,..)? LIBERTY MUTUAL INSURANCE COMPANY : ..: Garnet W. Elliolr, Assisranl Secrelary COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF MONTGOMERY On this 29th day of. July_ ~, A.O. 19 97 , before me, a Notary Public, personally came the individual, known to me to be the therein desc.~;;~:l-ir~yidual and dlficer of Liberty Mutual Insurance Company who executed the preceding instrument, and he acknowled- ged thal he executed J,h~sar~ aC,~'..~.a,[ the seal atfixed fo the said preceding Instrument is Ihe corporale seal of said company; and that said corporate IN TESTIMO~OV~o~'I~EOF, I'~'~1~¥ set my hand and affix my official seal at Plymou~ Meeting, P~, ~he.day and year first a~ve written. ~ ~L~.O / g _.~ ........ CERTiFiCATE I the under~~~a~ el Libedy Mutual Insurance Company, do hereby cedi[y ,hal the original power of aUomey of which Ihe foregoing iS a full, true and~ copy, is in lull force and effect on the date el this ce~ifica~e; and I do ludher codify that the officer who executed the said power of altorney was one of the officers specially authorized by the chairman or the president to appoint any attorney-in-tact as provided in Adicle XVl, Section 5 o~ the By-laws el Libe~ Mutual Insurance Company. This cedilicate may be signed by facsimile under and by authority of the Iollowing vote el the board el directors of Libe~y Mutual Insurance Company at a meeting duly ~lled and held on the 12th day of March, 1980, VOTED that the facsimile or mechani~lly reproduced signalure o[ any assisianl secreta~ of the company wherever appearing upon a ce~ified copy o~ any ~wer of attorney issued by the ~mpany, shall ~ valid and binding u~n the company with the same force an~fect as ,houghmanualiya,ixed. ~'~ ~ IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed Ihe corporate seal of the said company, this ' ay el SURETY ACKNOWLEDGMENT State of NEW YORK County of NEW YORK On OCTOBER 28, 1998, before me personally came NATALIE REINGOLD, to me known who being by me duly sworn did depose and say that he/she resides in NEW YORK, NEW YORK, that he/she is Attorney-in-Fact of LIBERTY MUTUAL INSURANCE COMPANY, the corporation described in, and which executed the within instrument; that he/she knows the seal of said corporation; that the seal affixed by order of the Board of Directors of said corporation, and that he/she signed his/her name thereto by like order; and that the said company has received from the Superintendent of Insurance of the State of New York, and that such certificate has not been revoked. DIANA P. FIGUEROA NOTARY PUBLIC, State of New York No. O1FI5065024 Qualified In Bronx CotJnty ~ Commission Expires Sept. 3, 213~/''~_ Notary Public Liberty Mutual Insurance Company Slatutory Balance Sheet (dollars in thousands) Common tc Preferred Slocks .... .:-- ...................................................................... ' Real Esl,ale__ ................................................................................. Cash & Shore-Term Invesb'nen~ Othe~ Invested Assets ................................................................................... Subtolal Cash and Invested As.se~. ........................................................................ Premium in Cours~ of Collection'. ............................................................................................................... Re~'tsuranc~ Recoverables on ~ and l~ss Adiustznent Expense Payments ................................... lateral ~vide~ a~ Real ~te ~come ~e and Accm~ ......................................................................... O~er ~ ................................................................................................................................. TOTAL ADMi I i ED ASSETS ........................................................................................................ Liabilities and Surplus Reserve for Losses a~d ~ Adjustmenl ETpa"~es ............................................................................................. Re:s~rve for Unearned ?r~nh.u'~ ......................................................................................................................... Reinsurance Fayable on Fald Loss and Loss Adius~',ent Expen. s~ .......................................................................... Federal Income Tax and Slate P~rrdum Tax Aco"ued ........................................................................................... Other LiabiliH~s ....................................................................................................................................... TOTAL LIABILITIES .......................................................................................................................... Unassigned Surplus .................................................................................................................................. Guaran~7 Funds ............................................................................................................................................... Surplus Notes ..................................................................................................................................................... TOTAL SURPLUS .................................................................................................................................................. TOTAL LIABILITIES AHD 5UI~LUS ................................................................................................. ('Excludes pr~-rd~m.s more than. 90 days due) 11,609.662 4,446,5S3 128,301 242,970 271,268 16069§,784 1,521,916 18.3,530 168,557 779,394 19,352.18l 10,208.483 1,629,832 36,194 91,774 1,319565 13.285.848, 4,924.567 1,250 1,140.~16 6,066,333 19,352,181 COMMONWEALTH OF MASSACHUSETTS COUNTY OF SUFFOLK SS: D~run;., L.mn~well, b~ing duly swort~ s.ay~: 'l'h~t he Ls Vice President and Comptroller of Liberty Mu{ual Lnsurance Company; lhat said Company is a mu{ual insurance company duly orgardzed, existing ~nd engaged in business as a surety by virtue of the laws of the Corru'nonwedth ~,b'J.a.S~~ h,u duly complied with all I.he requir~nml~ of the laws of said Commonwealth and of the laws of ~ ${~te of ~--.:.-.. ...................................... aFphcab[e to sa,d Co pany and ~ duly quaLiFied Io act as surety under such L~ws; t~t s~id Company h~s abo complied with and is duly qualified to act as surety on lederal bonds under Se:tJon 9305 o! Title 31 ol fine United S~tes Code. That the fore$oLn$ is a hill, t~.e and correct statement of the f'uxancial condition of said Company an the 31st day December, 1997. Sworn lo b~fom me this 31si day of March, 1998 My Commleslon E~¥ff~ '.~e2~ ,al \c~, ~ L' ¢ H . CONSTRUCTIONA 'IAINTENANCEAGREEMENT SUBDIVISION · · c'. !,~ iM pp, OVEMEN~FS ~ .. Tills CONSTRUCTION and M:\INTENANCE AGREEMENT FOR. SUBDIVISION INIPROVF. NIF. NTS entered into this/_,,~.2~ da.,,' ol'~ . 19~__~ bctwecn ~"C1 Commurfitics. I.infited l'armership, hereinafter refcrrS'd to as 'q)evcloper", and the Board of County Commissioners of Collier Cotinty. Florida. hereinafter referred to as the "Board". I~.f:~CITALS: Developer has. simultaneously with the delivery of this Agreement. applied tk, r thc approval by the Board ora ccrlain plat of a subdivision to be known as: Acccss Road ~3 at Pelican Marsh Unit 22 DMsion 3.2 of the Collier County Land l)evelopment Code requires the Developer to post appropriate guarantees for the construction of the improvements required by said subdMsion regulations, said guarantees to be incorporated in a bonded agreement For thc construction of the required improvements. NO\V. TtlF. RFA:ORE. in consideration of the fbrcgoing premises and mutual covenants hereinafter set forth. Developer and the Board do hereby covenant and agree as follows: __.71 acres 1. Developer will cause to be constructed: a +I 500 Roadway on +'~ which includes roadwork, storm drainage, sanitary sewer, potable water, irrigation and earthwork, within 18 months from the date of approval said subdivision plat. said improvements hereinafter referred to as the required improvements. 2. Developer herewith tenders its subdivision performance security (attached hereto as Exhibit "A" and by reference made a part hercoO in the amount of $344.628 which amount represents 10% of thc total contract cost to complete construction plus 100% of the estimate cost to complete the required improvements at the date of this Agreement. 3. In thc event of default by the l)eveloper or failure of the Developer to complete such improvements within the time required by the Land Development code, collier county may call upon the subdivision performance security' to insure satisfactory completion of the required improvements. 4. The required improvements shall not be considered complete until a statement of substantial completion by' Developer's engineer along with the final project records have been furnished to be reviewed and approved by the Development Services director for compliance with the Collier County Land Development Code. 5. The Development Services Director shall, within sixty (60) days of receipt of the statement of substantial completion, either: a) notily the Developer in writing of his preliminary approval of the improvements; or b) notify tim Developer in writing of his refusal to approve improvements, therewith specifying those conditions which the Developer must fultill in order to obtain the Director's approval of the improvements. However, in no event shall the Development Services Director refuse preliminary approval of the improvements it' they arc in fact constructed and submitted for approval in accordance with the requirements of this Agreement. 6. The Developer shallynaintain all required improvements for a minimum period of one 3'ear after p~glimiw~y approval by the Development Services Director. After the one- 3'ear ~?ain'tenancc period by thc Developer has terminated, the Developer shall petition I::',9,~¥)075 l'clic"mMarsh West - Pine l.akcs Drive'\Permitting [~.~cumcnts~Construction & Maintenance Agreement for SubdMsion Impro~ emerita.doc the Development Director to inspect the rcqmrc( improvements. The Development Services Director or his designee shall inspect the improvements and. il' found to be still in compliance with the Collier County Land l)cvclopment Code as reflected by final approval by thc Board. the Board shall release tile remaining 10% of thc subdivision performance security. '['he Developer's responsibility for maintenance of tile required improvements shall contirme unless or until the Board accepts maintenance responsibility for and by tile County. Six (6) months after the exect, tion of this Agreement and once within eyeD' six (6) months thereafter tile Developer mav request the Dcx'elopment Services Director to reduce tile dollar amount of the subdivision perlbrmancc security on tile basis of work complete. Each request for a reduction in tile dollar nmount of the subdivision performance security shall be accompanied by a statement of substantial completion by tile Developer's engineer together with the project records necessary for review by the l)cvclopment Services Director. The Development Services Director may grant thc request for a reduction in the amount of the subdivision performance security for the improvements completed as of the date of the request. In thc even thc Developer shall fail or neglect to fulfill its obligations under this Agreement. upon certification of such failure, the County Administrator may call upon tile subdivision performance security to secure satisfactory completion, repair and maintenance of the required improvements. The Board shall have the right to construct nnd maintain, or cause to be constructed or maintained, pursuant to public advertisement and receipt and acceptance of bids. thc improvements required herein. The Developer. as principal under tile subdivision perlbrmance security, shall be liable to pay and to indemnify the Board. upon completion of such construction, the final total cost to tile Board thereoL including, but not limited to, engineering, legal and contingent costs. together with any damages, either direct or consequential, which the Board may sustain on account of the failure of the Developer to fulfill all of the provisions of this Agreemenl. All of the terms, covenants and conditions herein contained are and shall be binding upon tile Developer and the respective successors and assigns of the Developer. F:',98-0075 Pelican Marsh Wc,,t - Pint: l.akcs l)rivc'~Pcrmilling Documcnts'Constmclion & Malnlcnancc Agreement fi~r Subdixision Impmx cmcnls doc IN WITNESS WHEREOF, the Board and thc Developer have caused this Agreement to be executed by their dui.,,' authorized representatives this/;r~ day of~ · I cf)_~_- SIGNED, SEALED and DELIVERED IN TIlE PRESENCE'OF: ~ X'witncss Printed Name Wimess Printed Namd., Attest as to Chalrman'g ATTEST: ~ignature only. DWIGHT E. BROCK, CLERK Deputy Clerk Approved as to fom~ and legal sufficiency: Heidi F. Ashton Assistant County Attorney BY: WCI Communities, Limited Partnership ~, Printed Name attd Title [ , BOARI) OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA F:\98-O075 Pelican Marsh West - Pine Lakes l)riv¢\Pcrmiulng DocnmcntsX, Construclion & Maintenance Agrccmcnl for Subdivision Improvcmcms.doc RESOLUTION N O. ~ ~- .~5 .~.._ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA APPROVING AND AUTHORIZING THE CHAIRMAN TO EXECUTE ONE (1) DECLARATION OF EASEMENT FOR PROPERTY OWNED BY COLLIER COUNTY WHICH WILL BE UTILIZED FOR A SIDEWALK, LANDSCAPE AND MAINTENANCE EASEMENT WHEREAS, Collier County owns in fee simple title, the properly currently occupied by the Nodh Collier Library Branch and Emergency Medical Services, Sheriffs Office and the Nodh Naples Fire & Rescue District located on Vanderbilt Beach Road; WHEREAS, Westinghouse Communities of Naples, Inc., a Florida corporation, previously conveyed the property occupied by the Emergency Medical Services, Sheriffs Office and the Nodh Naples Fire & Rescue Dislrict by Quit Claim Deed recorded in O. R. Book 1338, Page 50, et seq., in the Public Records of Collier County, Florida, for use as noted above; WHEREAS, Coral Ridge-Collier Properties, Inc., a Florida corporation, previously conveyed the property occupied by the North Collier Public Library by Quit Clam Deed recorded in O. R. Book 909, Page 1081, et seq., in the Public Records of Collier County, Florida, for use as noted above; WHEREAS, lhe attached legal descriptions and skelches are for Parcels 105 and 106 which are for sidewalk, landscape and maintenance purposes for the podion of property known as the Nodh Collier Library Branch and the Emergency Medical Services, Sheriffs Office and the Nodh Naples Fire & Rescue Districl; WHEREAS, the above-stated uses are not identified in the Public Records of Collier County, Florida; WHEREAS, it is the intent of Collier County to reflect that Parcel 105 and 106 shall be utilized for the above-stated purposes; and WHEREAS, the recordation of the Declaration of Easemenl in the Public Records of Collier County, Florida, will place the public and all interested padies on notice as to the stated uses of the County-owned propedies. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, thai: 1. The Declaration of Easement shown in Exhibit "A", attached hereto and made a part hereof, for lhe uses stated herein is hereby approved. 2. The Chairman of the Board of County Commissioners has been authorized to execute the Declaration of Easement. Staff has been authorized to record same in the Public Records of Collier Courtly, Florida. This Resolution adopted after motion, second and majority vote. ATTEST: DWIGHT E. BROCK, CLERK / "% ,-, DeC;JOy Clerk At:test as to' ~hafrman's s Jena[ure onl.f, Approved as to ~rm and legal, sufficiency: Heidi F. Ashtdn Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Barbara B. Berry, Chairman EXECUTIVE SUMMARY INSTRUCTIONS Title: APPROVAL OF A DECLARATION Of EASEMENT FROM COLLIER COUNTY FOR THE VANDERBILT ROAD FOUR LANING PROJECT (HAMMOCK OAK DRIVE TO AIRPORT-PULLING ROAD Documents: Please return a co~y of the Resolu.tj_o9 and the ~al Dec~laration of Easement t-'--~o be re~-~rded ~n ~' public Recor--d~%f ~3ollier ~t-~, ---Florida, to Deena Quinn, Senior Specialist, Real Property Management Department. Thank you. PROJECT: PARCEL: FOLIO: VanderbiltBeach Road-ProjectNo. 67021 105 and 106 00169000006& 00176682006 DECLARATION OF EASEMENT THIS DECLARATION is made this ,,,'~-~-Z, day of .¢¢-~'.-~.¢- , 19922, by COLLIER COUNTY, a political subdivision of the State of¢'lorida, ha/ving a mailing address of 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter referred to as "Declarant." Declarant is the owner of certain real property situated in Collier County, Florida, more fully described below, hereinafter referred to as the "Propedies." See attached Exhibit "A" which is incorporated herein by reference. Declarant hereby declares that the Properties are and shall be held, transferred, sold, conveyed, used and occupied in accordance with and subject to non-exclusive easements and privileges to enter upon, construct and maintain sidewalks and landscaping on the Propedies, attached hereto and made a part hereof, hereinafter referred to as the "Easement." The Easement, as set forth in this Declaration, shall bind, and the benefits thereof shall inure to Declarant and its representatives, agents, successors and assigns. IN WITNESS WHEREOF, Declarant has caused these presents to be executed the date and year first above written. DWIGHT E. BROCK " .':' ,"Deputy Clerk Attest ~s. ,to ,Cha Irman '$ sIgnature b'n 1.~. Approved as to form and legal sufficiency: Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Barbara B. Berry, Cha~rm OFFICE $~01 OF CAPITAL PROJECTS EAST TAMIAMI TRAIL NAPLES, FLORIDA 34105 (941) 774-8192 PROJECT NO. 67021 PROJECT PARCEL NO. 105 - Library TAX PARCEL NO. 00169 00~ LEGAL DESCRIPTION _(NOT A SURVEYS__ Description of a portion of Section 33, To~T~hip 4~ South, Range 25 EAst C~llicr County, Flori~ BEGINNING at the northwest comer of Tract B, Pelican Bay Unit Sixteen as recorded in Plat Book 18, Pages 35 and 36 of the Public Records of Collier County, Florida; thence along the west line of said Tact B, South 09°51'40" West 17.69 feet; thence leaving said west line, North 80°12'25" West 97,65 feet; thence South 83°42'44'' West 20.82 feet; thence 9.29 feet along the arc ora circular curve, concave northeasterly, having a radius of 16.00 feet, through a central angle of 33°16'28" and being subtevxled by a chord which bears North 79°39'02" West 9.16 feet; thence North 63°00'47" West 6.27 feet; thence 9.86 feet along the arc of a circular curve, concave southwesterly, having a radius of 19.00 feet, through a central angle of 29°43'24" and being vabtended by a chord which bears North 77°52'29" West 9.75 feet; thence South 87°15'49" West 6.37 feet; thence 9.41 feet along the arc of a circular curve, concave to thc north, having a radius of 21.00 feet, through a eenual a~gle of 25°39'47' and being subtended by a chord which bea~s North 79°54' 18" West 9.33 feet; thence North 67°04'24" West 12.33 feet; thence North 80°41 '35" West 28.57 feet; thence North 73°10'34'' West 17.63 feet; thence North 62° 12'41" West 26.96 feet; thence 16.91 feet along the arc ora circular curve concave southwesterly, having a raxtius of 55.00 feet, through a central angle of 17°37'11" and being subtended by a chord which beaxrs North 71 °01'I 7" West 16.85 feet; thence North 79°49'52'' West 41.55 feet; thence North 09°51 '40" East 6.80 feet; thence South 80008'20'' East 300.00 feet to the Point of Beginning of'the easement herein described; Subject to easemcnL~, restrictions, and reservations of record. s.,'_' [,.// _ PROF/ESSIONAL SURVEYOR & MAPPER. #3516 WIL~ON, MILLER, BARTON & PEEK, INC, 3200 BAILEY LANE, NAPLES, COLLIER COUNTY, FLORIDA (941) 649~4040 54105 N6005-002 - 001 -TCABS 2/1'0/97 L_ 105 1 ., 2 D:~I,/L B'~ 6005~ 1 L105.dwg OFFICE OF CAPITAL PROJECTS 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34105 (941) 774-8192 GRAPHIC SC/~LE ~od;vs. 16.00 9.29 fancent. 4.78 C~d. 9. I6 O.R. BOOK 909 PAGES 1081-1088 SKETCH OF DES. CRIPTIOr, O.R. BOOK 909 PAGES 1081-1088 N. 6,r12'4f'l~ 2696' N I.FIO'J4'N. IZCJ' ~tB¢It'Jfl'~ 2857' / ~t t I EASEMENT t DESCRIBED ~-~ I I I ~t 't I t I t TRACT "B" ~ PELICAN BAY UNff SIXTEEN PLAT BOOK 18, PAGES 35-36 N 600:5- 002 - 001 - TCABS MLB-264 GENERAL NOTES: 1. DIMENSIONS ARE IN FEET AND 3 THEREOF. 2. SEE SHEET 1 OF 2 FOR LEOAL .3. BEARINGS ARE BASED ON THE LINE OF TRACT "B" OF PELICAN BAY UNIT SI)' tEEN, PLAT BOOK 18, PAOES 35-36, SOUTH 80'08'20" EAST. / ~ POINT OF BEGINNING NORTHWEST CORNER OF TRACT "B" OF PELICAN BAY 18, PAGES 35-36. , *.* NOT SURVEY 10/9 2 ,,, 2 1L-105 EXHIBIT "A" '3301 OFFICE OF CAPITAL PROJECTS MST TAM ^M TRA L N^PLrS, FLORID^ S4.112 (941) 774-8192 PROJECT NO.._.~a.?AZZ3~ PROJECT PARCEL NO. 1 - TAX PARCEL NO 00176682006 LEGAL DESCRIPTION .(.NOT A SURV..~___} COMMENCING AT TIlE NORTI lEAST CORNER OF I [AMMOCK OAK DRIVE. AS DEPICI'ED ON THE PLAT TIIEREOF, PELICAN BAY UNIT SEVENTEEN, AS RECORDED IN PLAT BOOK 22, PAGE 23. OF TIlE PUBLIC RECORI)S OF COLLIER COUNTY, FLORIDA SAID POINT OF COMMENCEMT ALSO LYING ON TIlE SOUTIt RIGItT OF WAY LINE OF VANDERBILT BEACll ROAD (C.R.862); TIIENCE SOUTII 80 DEGREES u8 MINLryES 20 SECONDS EAST, ALONG SAID RIGHT OF WAY LINE A DISTANCE OF 91.59 FEET; TIIENCE SOUTll 9 DEGREES 51 M[NLrrES 40 SECONDS WEST, A DISTANCE OF 17.50 FEET TO TIlE POINT OF BEGINNING; TIIENCE NORTII 80 DEGREES 08 MINUTES 20 SECONDS WEST ALONG A LINE LYING 17.5 FEET SOUTII, AS MEASURED PERPENDICULAR TO,SAID SOUTll RIGIIT OF WAY LINE OF VANDEILUILT BEACH ROAD, A DISTANCE OF 124.86 FEET; TIIENCE SOUTtl 49 DEGREES MINLFFES 03 SECONDS EAST, A DISTANCE OF 4.94 FEET TO TIlE POINT OF CURVATURE OF A TANGENT CURVE, CONCAVE TO TIlE NORTIIEAST, IIAV[NG A RADIUS OF 25.50 FEET AND A CENTILAL ANGLE OF 34 DEGREES 43 MINUTES 25 SECONDS: TttENCE SOUTIIEAST ALONG SAIl) CURVE, A DISTANCE OF 15.45 FEET; TItENCE SOUTtt 84 DEGREES Ol MINUTE ~a SECONDS EAST, A DISTANCE OF 26.27 FEET; TIIENCE SOUTH ~,1 DEGREES 00 MINUTES I~! SECONDS EAST, A DISTANCE OF 29.g9 FEET TO TIlE POINT OF CURVATURE OF A 'rANGENT CURVE, CONCAVE TO Tile NORTH, IIAVING A RADIUS OF 4Ol.0O FEEl' AND A CENTRAL ANGLE OF 7 DEGREES 07 MINUTES 50 SECONDS; TIIENCE EAST ALONG SAID CURVE, A DISTANCE OF 49.90 FEET TO TIlE POINT OE BEGINNING; SAID DESCRIBED TILACF CONTAINING 0.011 ACRE (460 SQUARE FEET), MORE OR LESS. BASIS OF BE .APdNGS IS TIlE SOUTII RIGIIT OF WAY LINE OF VANDERBILT BEACtt ROAD BEING SOUTIt 80 DEGREES 08 MINUTES 20 SECONDS EAST. PARCEL VBR GE~u~GE R. RICHMOND PF~OFESSIONAL LAND SURVEYOR {/2406 OFFICE OF" CAPITAL PROJECTS COLLIER COUNIY GOVERNMENt COMPLEX 3301 E I'AMIAMI II{AIL NAPLES, FLORIDA .34112 EXHIBIT "A" OFFICE OF CAPITAL PROJECTS 33Ol EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION ACI-IROAD ! O' R W N.E. Corner of Hammock Oak Drive Pelican Bay Unit 17 Plat Book 22, Page 2.3. 29.89' P,B.B, Curve number l Radius = 25,50' /% = 34'43'25' Arc = 15.45' Chord = 15.218' Chord Br9. S.66°39'46'E, Curve numbe~ Radius = 40L00' /% = 07'07'50' Arc = 49,90' Chord = 49,87' Chord Br9. S.84'33'57'E, GENERAL NOTES 1) P.B,C. Indicates Point oF Commencenent 2) P.FI.B, Indicates Point oF Beginning 3) Sec. Indicates Section 4) Twp. Indicates Township 5) Rge, Indicates Range 6) R/W Indlcc~tes Rlght-oF-way 7) At[ distances are In Feet ond declmats thereof 8) Basis oF bearings Is the South R/N4 tlne oF Vanderbltt Beach Road beln9 S,80'08'20'~', 9) Not vatld un(ess signed and seated with the embossed seat oF the proFesslonat land surveyor THIS IS ONLY A SKETCH NBT TI] J 03-19-98 SCALE VBR-106 SHEET 2 OF 2 PROJECT: PARCEL: FOLIO: Vanderbilt Beach Road - Project No. 67021 105 and 106 00169000006 & 00176682006 DECLARATION OF EASEMENT THIS DECLARATION is made this ~ day of~--'~:~::~:~-~-~ 199 P__, by COLLIER COUNTY, a political subdivision of the State of mailing address of 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter referred to as "Declarant." Declarant is the owner of certain real property situated in Collier County, Florida. more fully described below, hereinafter referred to as the "Propedies." See attached Exhibit "A" which is incorporated herein by reference. Declarant hereby declares that the Properties are and shall be held, transferred, sold, conveyed, used and occupied in accordance with and subject to non-exclusive easements and privileges to enter upon, construct and maintain sidewalks and landscaping on the Propedies, at[ached hereto and made a part hereof, hereinafter referred to as the "Easement." The Easement, as set forth in thereof shall inure to Declarant and assigns. this Declaration, shall bind, and the benefits its representatives, agents, successors and WITNESS WHEREOF, Declarant has caused these presents ~o be executed the date'a,nd/,year first above written. ATTEST: DWIGHT El BRO~K Attest as to Chairman's signature Approved as to form and legal sufficiency: Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: 'Ba~ OFFICE .3301 OF CAPITAL PROdECTS EAST TAMIAMI TRAIL NAPLES, FLORIDA .34105 (941) 774-8192 LEGAL DESCRIPTION _(NOT A SURVEYS__ PROJECT NO. 67021 PROJECT PARCEL NO. 105 - Library TAX PARCEL NO. 001~~ Dcscrlptlon ora portion of Section 33, Township 48 South, R,~ngc 25 East Collier County, Florida BEGINNING at thc northwest comer o£Tract B. Pelican Bay Unit Sixteen a~ recorded in Plat Book 18, Pages 35 and 36 or'thc Public Rccord~ ot' Collier County, Florida; thence along the west line or said Tract B, South 09'51'40" West 17.69 feet; thence leaving sa. id wc~ line, North 80"12'25" West 97.65 feet; thence South 83°42'44'' West 20.82 feet; thence 9.29 feet along the arc ora circular curve, concave northeasterly, having a radius of 16.00 feet, through a central angle of33° 16'2g" and being subtended by a chord which bears North 79°39'02" West 9.16 feet; thence North 63~00'47'' West 6.27 feet; thence 9.86 fee~ along the arc o£a circular curve, concave southwesterly, having a radius of 19.00 feet, through a central angle of 29°4Y24'' and being subtended by a chord which bears North 77°$2'29'. West 9.75 fcc't; thence South 87°15'49" West 6.37 feet; thence 9.41 feet along the arc o£a circular curve, concave to thc north, having a radius of 21.00 feet, thsough a central ingle of' 25°39'47'' and being subtended by a chord which bears North 79°54'18'' West 9.33 £cct; thence North 67°04'24'' West 12.33 £cct; thence North 80°41'35" West 28.57 £cct; thence North 73°10'34'. West 17.63 feet; thence North 62°12'41'' Wc~ 26.96 feet; thence 16.91 £cet along thc arc ora circular curve concave southwesterly, having a radius o£55.00 feet, through a central mglc of 17°37'11" and being subt~ndccl by a chord which bears North 71°01 '17" West 16.85 £cct; thence North 79°49'52'' Wes! 41.55 £cet; thence North 09°51 '40" East 6.80 £~t; thence South $0~08'20'' F~t 300.00 £~t to the Point of Beginning o£the ~ement herein describe; Subject to casements, rcsralctions, md rc~crvador~ of' record. BY:~ DATE: COLLIER COUNIY, FLORIOA 34105 (941) 649 :.-40~,0 N6005-002-001 -TCABS L-105 Feb 11. 1997 - 10:31:01 OFFICE OF CAPITAL PROJECTS 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34105 (941) 774-8192 SKETCH OF DES. CRIPTION~ O.R. BOOK 909 PAGES 1081-1088 X 6~'I2'~I'~I. 26.96' __~,~///! ~t 0 7 $$30 GRAJ3HtC SCALE g¥.;;';7~ .... / - o,,~. $~w;r EACEMrNT I ~; ~.ze DESCRIBED I / ~ / CENERAL NOTES' ~/ / ~. DIMENSIONS ~RE IN FEET AND mS THEREOF O.R. BOOK 909 ~ / 2, SEE SHEET 1 OF 2 FOR LEGAL DESC IP iON, ............. ~1 / 3, BEARINGS ARE BASED ON THE NORTH LINE OF ~bb~ Juom-mu~o ~1 / ~' TRACT "B" OF PELICAN BAY UNIT SI~"EEN, '1 / P~T BOOK 18 PAGES 35-36 BEI~( SOUTH P~T BOOK ~, PAGES 55-56 / ~ ~ORTHWEST CORNER OF _ ' ...... / TRACT "B" OF PELICAN BAY ~~~ / UNIT SIXTEEN, P~T BOOK ~8, PAOES ~5 56 NC005-0~-001-TCABS / , - ' ,,, NOT SURVEY MUe-264 ~"=50'2/~0/97 2 1 --105 OF CAPITAL PROJECTS TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 OFFICE · 5301 -EAST PROJECT NO,__...6.2.fi.2~ PROJECT PARCEL NO, 1 - TAX PARCEL NO 00176682006 R TION NOT A RV' COMMENCING AT THE NORTHEAST CORNER OF HAMMOCK OAK DRIVE, AS DEPICTED ON THE PLAT THEREOF, PELICAN BAY UNIT SEVENTEEN. AS RECORDED IN PLAT BOOK 22, PAGE 23, OF TIlE PUBLIC RECORDS OF COLLIEP, COUNTY, FLORIDA SAID POINT OF COMMENCEMT ALSO LYING ON THE SOUTII RIGIIT OF WAY LINE OF VANDERBILT BEACH ROAD (C.R.862); TIIENCE SOUTH 80 DEGREES 08 MINUTES 20 SECONDS EAST, ALONG SAID RIGHT OF WAY LINE A DISTANCE OF 91.59 FEET; THENCE SOUTH 9 DEGREES 51 MINUTES ,I0 SECONDS WEST, A DISTANCE OF 17.50 FEET TO THE POINT OF BEGINNING; THENCE NORTH 80 DEGREES 05 MINUTES 20 SECONDS WEST ALONG A LINE LYING 1'/.5 FEET SOUTH, AS MEASURED PERPENDICULAR TO,SAID SOUTH RIGHT OF WAY LINE OF VANDERBILT BEACH ROAD, A DISTANCE OF 124.86 FEET; THENCE SOUTH 49 DEGREES 18 MINUTES 03 SECONDS EAST, A DISTANCE OF 4.94 FEET TO THE POINT OF CURVATURE OF A TANGENT CURVE, CONCAVE TO THE NORTHEAST, IIAVING A RADIUS OF 25.50 FEET AND A CENTRAL ANGLE OF 34 DEGREES 43 MINUTES 25 SECONDS; TltENCE SOUTHEAST ALONG SAID CURVE, A DISTANCE OF 15.45 FEET; THENCE SOUTH 84 DEGREES 01 MINUTE 28 SECONDS EAST, A DISTANCE OF 26 2'/ FEET; THENCE SOUTll 81 DEGREES 00 MINUTES OO SECONDS EAST, A DISTANCE OF 29.89 FEET TO TIlE POINT OF CURVATURE OF A TANGENT CURVE. CONCAVE TO TIlE NORTH, HAVING A RADIUS OF 401.OO FEET AND A CENTRAL ANGLE OF ./ DEGREES 0./MINUTES 50 SECONDS; THENCE EAST ALONG SAID CURVE, A DISTANCE OF 49.90 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED TRACT CONTAINING 0.011 ACRE (460 SQUARE FEET), MORE OR LESS. BASIS OF BE .A.RINGS IS THE SOUTII KIGIIT OF WAY LINE OF VANDERBILT BEACH ROAD BEING SOUTH 80 DEGREES 08 MINUTES 20 SECONDS EAST. PARCEL VBR 106 Pr~"OFE$SIONAL LAND SU,qVE'YOR OFFICE OF CAPITAL PROJECTS COLLIER COUNI¥ GOVERNMENt COMPLEX 5~UI r 1AMIAMI IlIAIL NAPLES, I:LONIDA EXHZBZT "A" '~b¢ ~'1 ~"" ~I OFFICE OF CAPITAL PROJECTS 3501 EAST TAMIAMI TRAIL NAPLES, FLORIDA 54112 (941) 774-8192 SKETCH OF DESCRIPTION / /-P,0,C, N.E. Corner of / Hammock Oak Drive ~ Pelican Bay Unit 17 Plat Book 22. Page 23. S. 80'0 , 29.89' p,rl,B, Curve number 1 Radius = 25,50' A = 34'43'25' Arc = 15,45' Chord : 15.2P' Chord Brg. S.66'39'46'E. Curve number P Radius : 40t,00' n = 07'07'50' Arc = 49.90' Chord = 49,87' Chord Brg, S.84'33'57'E, L.M.R. GENERAL NDTES 1) P.B,C. Indicates Point oF Commencement 2) P.O.B. Indicates Point oF Beginning 3) Sec. Indicates Section 4) Twp, Indicates Township 5) Rge. Indicates Range 6) R/~/ Indicates Right-oF-way 7) Att distances are In Feet and declnats thereof 8) Basis oF bearings Is the South R/~/ tine oF Vanderbltt Beach Rood being S,80'08'20'~/, 9) Not vntld untess signed and seated with 'the enbossed se~l oF 'the proFesslon~[ rand surveyor THIS IS ONLY A SKETCH NOT TO SCALE ~ VBR SHEET 2 OF 2 MEMORANDUM Date: To: From: Re: January 14, 1999 Susan Usher, Public Works Lisa Steele, Deputy Clerk Minutes & Records Department Item #16B8, approved Jauanry 12, 1999 Please find attached four (4) original District Funding Program Agreements that must be signed by the South Florida Water ~4anagement District. ?~en the executed documents are returned, please send one orginal of each to this office for our files. If you have any questions, call me at 774-8406. Thanks, 1998 - 1999 .SOUTH FLORIDA WATER AAANAGEAAENT DI.STRIGT FUNDING PROGRAM AGREEMENT Recipient's Name: Collier County Water/Sewer District Address: 3301Tamiami Trail Building H Naples. Florida 34112 .Shaded Areas For District Use Only 32 Application No. AWS-9B ............... Governing Board Approval bate District Funding Amount: $-2-0-0--'9-0-0-:0--0- ....... MIWBE Target % .... ?- ................. District's Project Manager: Jane Bucca Address:. 3301 Gun Club Road West Palm Beach, Florida 33406 Telephone No: (561) 682-6197 Fax No: {561) 681-6264 Insurance Attachment ("B") Rccipient's Project Manager: Applicable Not Applicable Mr. Ed llschner Address: Collier County Water/Sewer District 3301Tamiami Trail Building H Naples, Florida 34112 Telephone No:(Area Code) (941) 732-2575 Fax No:(Area Code) (941) 732-2526 Federal Employcr Zdentification Number: 59-6000558 Project Title: North County Regional Wastewater Treatment Facility Contract C-10757 Page 1 of 8 This Agreement is entered into between "the Parties". the South lqorida Water Management District. (the "District"). and the undersigned Applicant. hereinafter referred to as the "Recipient". The Recipient warfares and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms and conditions of this Agreement. and shall abide by all legal, financial, and reporting requirements. tach as matching funds and final repons for all funding received by the Recipient from the District. ARTICLE 1 - PROJECT 1.1 The Recipient shall, to the satisfaction of the District. fully and timely construct and perform all work items described in the "Detailed Description of the Project.~ attached hereto as Attachment ~A", and made a part of this Agreement. 1.2 As part of the services to be provided by the Recipient under this Agreement. the Recipient shall substantiate, in whatever forum reasonably requested by the District. any supporting documentation utilized as a basis for payment by the District. This paragraph shall sur;'ive the expiration or termination of this Agreement. ARTICI,I'; 2 - TERM OF TIlE AGREEMI';NT 2.1 The period of performance of this Agreement shall commence on the Construction start date stated by the Recipient on the last page of this Agreement and shall continue for a period of ~)ne (1) .','ear. 2.2 The Parties agree that time is of the essence in the performance of each and every obligation under this Agreement. ARTICLE 3 - COMPENSATION/CONSIDERATION 3.1 As consideration for providing the goods and services required by this Agreement. the District shall pa.,,' the Recipient the funding amount as specified on page one. Such amount is a fixed amount and therefore, no additional consideration shall be authorized. 3.2 3.3 The Recipient assumes sole responsibility for all work. which is performed pursuant to Attachment "A." By providing funding hereunder, the District does not make any warranty, guaranty, or any representation whatsoever regarding any of the work performed hereunder, including but not limited to the adequacy or sufficiency of all or any part of work described in Attachment "A." The Recipient hereby agrees that it shall use other sources of funding for all work associated with the design and permitting aspects of the Project. Dislrict funds shall only be used for capital or infrastructure costs for the conslructicm activities described in Attachment "A." 4.1 A RTICI.E 4 - Iq. JNI)ING PAYNI ENTS A NI) R EPORTI NG The District shall make payment to thc Recipient upon completion and acceptance of the Project. The Recipient shall provide certification that all construction has been completed in accordance with Attachment "A" of this Agreement. The Recipient's invoice shall reference the DLstrict's Application Number and shall be sent to the Project Manager at the address stated on the first page of the Agreement. The Recipient shall not submit an invoice to any other address at the District. Contract C-10757 Page 2 of 8 4.2 4.3 4.4 5.1 The District shall inspect all work and review final repons befi~re authorization of payment is made to the Recipient. The District shall pay the full amount of the invoice within thirty (30) days of receipt and acceptance, provided the Recipient has performed the ,,gx~rk according to the terms and conditions of this Agreement. Funding wilt be withheld if the Recipient has not submitted required retxms or met all of the administrative requirements. Utxm award of the Agreement. the Recipient shall provide to the District a detailed schedule of the Project and the M~VBE utilization plan applicable to the construction of the Project. The Recipient shall provide three (3) copies of progress reports on a quarterly basis to the District. which shall describe the extent of Project completion and provide an u~ated MAt;BE utilization report indicating the blAt'BE firms used on the Project. Upon request by the District. the Recipient shall pr,~vide as supporting documentation, all work products associated with the completion of the tasks dcs:gnated in the Work Breakdown Structure and Deliverable Schedule of Attachment "A. attached hereto to this Agreement. However. failure by thc Recipient to follow the foregoing instructions may result in an unavoidable delay of payment by the District. ARTICLE 5 - PROJECT MANAGE.MENT The Parties shall direct all matters arising in connection with thc performance of this Agreement. other than invoices and notices, to the attention of the Project Managers for attempted resolution or action. The Project Managers shall be responsible for overall coordination and oversight relating to the performance of this Agreement. 5.2 All notices, demands, or other communications to thc Recipient under this Agreement shall be in writing and shall be deemed received if sent by certified mail. return receipt requested, to tt~e address stated. All notices to the District under this Agreement shall be in writing and sent by certified mail South Florida Water Management District Attn: (Project Manager's Name as stated on the first page of the Agreement) (Address as stated on the first page of the Agreement) 5.3 Ail notices required by this Agreement shall be considered delivered upon receipt. Should either Party change its address, written notice of such new address shall promptly be sent to the other Part)'. 5.4 All correspondence to the District under this Agreement shall reference the DLstrict's Application Number. 6.1 ARTICLE 6 - TEIO, IINATION/RI~MIiI)iI&C; 6.2 If either Party fails to fulfill its obligations under this Agreement in a timely and proper manner, thc other Party shall have the right to terminate this Agreement by giving written notice of any deficiency. The Party in default shall then have ten (10) calendar days from receipt of notice to correct the deficiency. If the defaulting Party fails to correct the deficiency within this time. the non-defaulting Par~y shall have the option to terminate this Agreement at thc expiration of the ten (10) daytime period. The District may terminate this Agreement at any time for convenience upon thirty (30) calendar days prior written notice to the Recipient. The performance of work under this Agreement may be terminated by the District in accordance with this clause in x~'hole, or from time to time in part. whenever the District shall determine that such termination is in the best interest of the District. Any such termination shall be effected by delivery to the Recipient of a Notice of Termination specifying the cxteflt to which performance of work under the Agreement is terminated, and the date upon which such termination becomes effective. Contract C-10757 Page 3 of 8 6.3 In the event of terminatkm, the DLstrict shall compensate the Recipient for all authorized and accepted 6.4 6.5 6.6 work perfi~rmed through thc termination date. Thc District shall be relieved of any and all filtUre obligations hereunder, including but not limited to. lost profits and consequential damages under this Agreement. The District ma.,,' withhold all payments to the Recipient for such work until such time as the District determines the exact amount duc to the Recipient. If either Party initiates legal action, including appeals, to enforce this Agreement. thc prevailing Part5' shall be entitled to recover a reasonable attorney's fee. based t,pon thc fair market value of the services provided. In the event the Recipient's funding becomes unavailable, that shall be good and sufficient cause for thc District to terminate the Agreement. pursuant to Paragraph 6.2. above. In the event a dispute arises which the Project Managers cannot resolve between themselves, the Parties shall have the option to submit to non-binding mediation. Thc mediator or mediators shall be impartial. shall be selected by the Parties. and the cost of the mediation shall be borne equally by the Parties. Thc mediation process shall be confidential to the extent permitted by law. ARTICLE 7 - RECORDS RETENTION 7.1 The Recipient shall maintain records and thc District shall have inspection and audit rights as follows: A. Maintenance of Records. The Recipient shall maintain all financial and non-financial records and reports directly or indirectly related to the negotiation or peril)finance of this Agreement. including supporting documentation for an.'.' service rates, expenses, research or reports..Such records shall be maintained and made available for inspection for a period of five (5) years from completing performance and receiving final payment under this Agreement. B. Examinatinn of Recc~rds. The Dbtrict or it.,; designated agent shall have the right to examine in accordance with generally accepted governmental auditing standards all records directly or indirectly related to this Agreement. Such examination may be made only within five (5) years from the date of final payment under this Agreement and upon rea~mable notice, time and place. C. Extended Availability of Records for l.eeal Disputes. In the event that the District should become involved in a legal dispute with a third pony arising from performance under this Agreement. the Recipient shall extend the period of maintenance for all records relating to thc Agreement until thc final disposition of thc legal dispute, and all such records shall be made readily available to the District. 8.1 8.2 ARTICLE 8 - STANDA IH)S OF CO.MI'LIANCE The Recipient. its employees, subcontractors or assigns, shall comply with all applicable federal, state, and local laws and regulations relating to the F, erformance of this Agreement. The District undertakes no duty to ensure such compliance, but will attempt to advise the Recipient. upon request, as to any such laws of which it has present knowledge. Thc laws of the State of Florida shall govern all aspects of this Agreement. In thc event it is necessary for either party to initiate legal action regarding this Agreement. venue shall be in the Fifteenth Judicial Circuit for claims under state law and in the Southern District of Florida for any claims which are justifiable in federal court. Contract C-10757 Page 4 of 8 8.3 8.4 8.5 8.6 9.1 The Recipient shall allow public access to all Project documents and materials in accordance ,.vith the provisions of Chapter 119. Horida Statutes. Should the Recipient assert any exemptions to the requirements of Chapter 119 and related Statutes. the burden of establishing such exemption, by way of injunctive or other relief as provided by law. shall be upon the Recipient. Pursuant to Sectkm 216.347. Horida Statutes, the Recipient is prohibited from the expenditure of any funds under this Agreement to lobby the Legislature. the judicial branch, or another state agency. The Recipient shall obtain, at ils sole expense, all necessary licenses, authorizations and permits from the appropriate private party or federal, state, municipal or local agency, and other governmental approvals. prior to commencing performance of this Agreement. The Recipient hereby assures that no person shall be excluded on the grounds of race. color, creed. national origin, handicap, age. or sex. from participation in. denied the benefits oL or is othcr,.vise subjected to discrimination in any activity under this Agreement. The Recipient shall take all measures necessary to effectuate these assurances. ARTICLE 9 - YEAR 2000 COblPLIANCE In the event that the Recipient's performance, as required by this Agreement. involves the use and/or delivery ora software and/or hardware product of any kind. the following language shall apply: The Recipient represents and *`varrants that the soft,.vare, lirmware and/or hardware is designed to be used prior to, during, and after the calendar year 2000 A.D., and that the software, firmware and/or hardware will operate during each such time period without error relating to date data. specifically including any error relating to. or the product of. date data which represent or reference multiple centuries. 9.2 Without limiting the generality of the foregoing, the Recipient further represents and ,,,,'an'ants: 9.3 (I) That the software, firmware and/or hardware ,.,.'ill not abnormally end or provide invalid or incorrect results of date data. specifically includin~ date data which represent or reference multiple centuries. (2) That the software, firmware and/or hardware has been designed to ensure Year 2000 Compatibility. including, but not limited to. date data century recognition, calculations which accommodate same century and multiple century formulas and date values, and date data interface values that rcllect the century. (3) That the software, firmware and/or hardware include Year 2000 capabilities. For the purposes of this Agreement. Year 2000 Capabilities means the sofiv.'are, firmware and/or hardware: (i) ,.*,'ill manage and manipulate data involving dates and leap .,,'ear calculations, including single century formulas and multi-century formulas, and ,...'ill not cause an abnormally ending scenario within the application or generate incorrect values or invalid results involving such dates: and (ii) provides that all date-related user interface functionalities and data fields include the indication of century. Included as part of this Year 2000 Compliance Warrant.,,: the Recipient shall provide to the District, at no additional charge. (i) fixes, corrections and updates to the software that are necessary to ensure Year 2000 Capabilities, as defined herein; (ii) advice, consultation and assistance to use the software and/or hardware and diagnose and correct Year 2000 Capability problems that may exist with the software and/or hardware: and (iii) if deemed necessary by the DLstrict. replacement hardware which is compliant v,'ith this Year 2000 Compliance Warranty. Contract C-10757 Page 5 of 8 9.4 9.5 In the event fixes, corrections and updates of the ~)ftv,'are are not technically feasible, and this Agreement involves the purchase and/or license and/or receipt of a software, firmware and/or hardware product of any kind. the Recipient shall accept the return of the software and/or hardware if this warranty is breached, and terminate any and all applicable Schedules. Further, the Recipient shall refund to the District the full amount of the License Fee actually paid to the Recipient for the software; and in the case of hardware return, the Recipient shall refund to the District the full amount of the hardware actually paid to the Recipient by the District. In addition to the foregoing, the Recipient shall refund to the District all maintenance fees paid by the District. if any, for on-going support, new software releases and prtx:luct updates. All such refunds shall be made to the District. Notwithstanding any other provision in the Agreement to the contrary, the District hereby reserves all rights to obtain all remedies to the fullest extent of the law, without any limitation what,)ever, as may be determined by a court of competent jurisdiction (including damages or equitable relief,~. The term Year 2000 Compliance Warranty shall mean. collectively, the warranties set forth herein. This Year 2000 Compliance Warranty shall survive the expiration or termination of this Agreement. ARTICLE I0 - INDE*INIFICATION AND 1NSUIL~.NCE 10. I The following itldemnification clause shall only be applicable to Investor-owned Utilities or Private Entities) For value received, which is hereby acknowledged, the Recipient shall defend, indemnify, save. and hold the District. its agents, assigns, and employees, harmless from any and all claims or causes of action, including without limitation, all damages, losses, liabilities, expenses, costs, and attorney's fees related to such claims, resulting from any negligent or intentional act or omission, or the violation of any federal, state, or local law or regulation, by the Recipient, its subcontractors, agents, assigns, invitees, or employees in connection with this Agreement. The Recipient further acknowledges that it is solely responsible for ensuring its compliance and the compliance of its subcontractors, agents, assigns, invitees and employees with the terms of this Agreement. The provisions of this paragraph survive the termination or expiration of this Agreement. l O.2Thefollowiag shall only apply if the work is beiag performed on District property. The Recipient shall procure and maintain, through the term of this Agreement, insurance coverage reflecting, at a minimum, the limits and coverage conditions identified on the District's Certificate of Insurance, attached and made a part of this Agreement. The coverage required shall extend to all employees and subcontractors of the Recipient. The attached District's Certificate of Insurance shall be completed in full. indicating the producer, insured, carrier's name and Best rating, policy numbers and effective and expiration dates of each type of coverage required. The Certificate shall be signed by the insurance carrier's authorized representative. A RTl CIA:. I 1 - MB'*'II 1'; COM PI.IA NCE 11.I The Recipient shale take all necessary and reasonable steps to achieve and maintain the M/WBE target for this Agreement. and ensure that minority-owned enterprises have the maximum opportunity to compete for and perform under the construction of the project. The Recipient shall submit a copy of 1 the Final MflsVBE Utilization Report with the final invoice. See Attachment "B". · . I Contract C-10757 Page 6 of 8 12.1 12.2 12.3 13.1 13.2 13.3 13.4 13.5 13.6 1 6";d ARTICLE 12 - RELATIONSIIIP BETWEEN Till:; PARTIF~$ The Recipient is an independent contractor and is not an employee or agent of the DLstrict. Nothing in this Agreement shall be interpreted to establish any relationship other than that of an independent contractor between the District and the Recipient. its employees, agents, subcontractors, tlr assigns, during or after the performance of this Agreement. The Recipient is free to provide similar services for others. The Recipient shall not assign, delegate, or otherwise transfer its r/ghts and obligations as set forth in this Agreement v,'ithout the prior written consent of the District. Any attempted assignment in violation of this provision shall be void. It is the intent and understanding of the Parties that this Agreement is solely for the benefit of the Recipient and the District. No person or entity other than the Recipient or the DLstrict shall have any rights or privileges under this Agreement in any capacity whatsoever, either as third-pmay beneficiary or otherwise. ARTICLE 13 - GENERAL PROVISIONS Notwithstanding any provisions of this Agreement to the contrary, the Parties shall not be held liable for any failure or delay in the performance of this Agreement that arises from fires, ilo(Ms, strikes, embargoes. acts of the public enemy, unusually severe weather, outbreak of war, restraint of Government, riots, civil commotion, force majeure, act of God, or for any other cause of the same character which is unavoidable through the exercise of due care and beyond the control of the Parties. Failure to perform shall be excused during the continuance of such circumstances, but this Agreement shall other',vise remain in effect. This provision shall not apply if the "Statement of Work" of this Agreement specifies that performance by the Recipient is specifically required during the occurrence of any of the events herein mentioned. In the event any provisions of this Agreement shall conflict, or appear to conflict, the Agreement. including all Attachments. and all documents specifically incorporated by reference, shall be interpreted as a whole to resolve any inconsistency. Failures or waivers to insist on strict performance of any covenant, condition, or provision of this Agreement by the Parties, their successors and assigns shall not be deemed a waiver of any of its rights or remedies, nor shall it relieve the otber Party from performing any subsequent obligations strictly in accordance with the terms of this Agreement. No waiver shall be effective unless in wTiting and signed by the Part)' against whom enforcement is sought, Such waiver shall be limited to provisions of this Agreement specifically referred to therein and shall not be deemed a waiver of any other provision. No waiver shall constitute a continuing waiver unless the writing states otherwise. Should any term or provision of this Agreement be held. to any extent, invalid or unenforceable, as against any person, entity or circumstance during the term hereof, by force of any statute, law, or ruling of any forum of competent jurisdiction, such invalidity shall not affect any other term or provision of this Agreement. to the extent that the Agreement shall remain operable, enforceable and in full force and effect to tile extent permitted by law. This Agreement may be amended only with the '.vritten approval of the Parties. This Agreement states the entire understanding and Agreement between the Parties and supersedes any and all written or oral representations, statements, negotiations or Agreements previously existing between the Parties with respect to the subject matter of this Agreement. The Recipient recognizes that any representations, statements or negotiations made by District staffdo not suffice Io legally bind the District in a contractual relationship unless they have been reduced to writing and signed by an authorized District representative. This Agreement shall inure to the benefit of and shall' be binding upon the parties, their respective assigns, and successors in interest. Contract C-10757 Page 7 of 8 IN W1TNESS W}tEREOE the Parties or their duly authorized representatives hereby execute this Agreement on the date ~vitten belov.: Legal Form Approved SFWMD Office of Counsel SOUTII FLORIDA WATER MANAGEblENT DISTRICT, BY ITS GOVERNING BOARD Date: By: Executive Director Da[e: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, A POLITICAL SUBDIVISION OF THE STATE OF FLOR. ID'MT" AND AS EX-OFFICIO THE GOVERNtI~G BOARD OF THE COLLIER COUNTh3 Recipient's Legal Name: WATERJSEWER DISTRICT Approved as to form and legal sufficiency. Assistant Counw Attorney By Authorized Official: Title: Acceptance Date: Construction Project Start Date: A1-FEST: ,. DWIGHT E. BROCK, CLERK /~E~ Attest as to Chatrm~n'$ signature on/l, Contract C-I0757 Page 8 of 8 A TTA CHMEN T A DETAILED DESCRIPTION OF PROJECT 1.0 Introduction Aquifer Storage and Recovery (ASR) is a method of increasing the available water supply by storing excess water in underground aquifers, and recovering it when needed to satisfy peak demands. The Collier County Utilities 201 Facilities plan has identified the need for 140 million gallons of treated wastewater storage in order to expand and maximize the effectiveness of the County's existing wastewater reuse program. ASR provides the cost effective means to achieve these storage objectives for reclaimed water. Even with the extensive reuse program that Collier County has, during rainy periods when irrigation demand is Iow, excess treated wastewater must be disposed of using conventional facilities such as percolation ponds and deep injection wells, t-towever, with adequate seasonal storage reclaimed water can be used much more effectively; reducing irrigation withdrawals from surface or groundwater systems dm-lng critical dry scion periods and reducing loss of valuable freshwater resources. For these reasons, the use of ASR for storage of treated wastewater is consistent with the reuse goals and objectives of the South Florida Water Management District (SFWMD) Lower West Coast Water Supply Plan and the Collier County Comprehensive Plan. Collier Counf~' h~qs already committed fimding and support to ASR technology. Thc Manatee Road facility in southern Collier County has completed ASR cyclical testing using treated potable water from the South County Regional Water Treatment Plant (SCRWTP). The proposed reuse ASR project would utilize treated wastewater from the North County Regional Wastewater Treatment Facility (NCRWWTF) located near Immokalee Road and Airport Road. 2.0 Project Scope The scope of the project is to construct one (l) pilot ASR well and one (l) deep monitor well at the NCRWWTF. The project will create a facility for the storage and recovery of more than 140 million gallons of treated wastewater. It is anticipated that upon completion, the prop'osed well would accept injectate and recover water at a rate of 1.5 to 2.0 MGD. Injection would occur over a 90 to 120-day ATTAClt A A-1 I A TTA ~HMENT A ' DETAILED DESCRIPTION OF PROJECT period during the ,.vet season, or whenever excess wastewater was available. Recovery would t~c place on an as-needed basis to increase dry season reclaimed water flo`,vs to County reuse customers. The scope of work is detailed in the Work Breakdown Structure (Section 3.0). Design plans and contract specifications `,rill be completed ,and test/construction permits will be obtained prior to beginning work to be performed as part of this project proposal. The principal goals of the project are to: · Increase use of reclaimed water, · Decrease the loss of treated wastewater using traditional disposal methods, · Reduce dependence on freshwater aquifers to meet dry season irrigation demands, · Optimize County water treatment and wastewater facilities, and · Comply with Lower West Coast Water Supply Plan objectives. 3.0 Work Breakdown Structure 3.1 Descr!.ption of Project Elements Thc pilot ASR well ,,viii be completed with a 12-inch diameter casing to approximately 700 feet below land surface (151~) hnd an open hole extending to approximately 750 feet. One single-zone monitor well `,vill be completed to the same depths as the ASR well using 4-inch diameter PVC casing. Final depths will be determined from subsurface data obtained during well construction. Thc project will be comprised of the following construction elements: Site preparation and drilling pad construction Pilot ASR well construction and testing ASR monitor well construction Submersible pumps purchase and installation Injection/recovery transmission main construction Instrumentation and controls A-2 A TTA CHMENT A DETAILED DESCRIPTION OF PROJECT Electrical controls installation Miscellaneous site work Tasks required to complete the pilot ASR project arc described below. Task I - Preconstruction Activities · Prepare specifications for pilot ASR well and monitor well. · Select contractor through competitive bidding. · Obtain required construction permits. Work Products: Bidding and Contract Documents for pilot ASR well and monitor well, construction permits. Deliverable: Approved construction permits, Contract Documents, Plans and Specifications. Task 2 - Prelimina _fy Constn~ction Activities Review and evaluate contractor submittals. Cie.ar'site and conduct surveying. Mob. ilize drilling equipment. · Install temporary utility services. · Construct drilling pad and install water table monitor ,.veils. Work Products: Contractor submittals, equipment list, material and supplier's list, subcontractor's list, horizontal and vertical control, daily log (applicable to all tasks), mill certificates. Deliverable: Completed materials/equipment lists. ' Task 3 - Proposed Sequence of Drilling and Testing of pilot ASR Te~;v'monitor Well ATTAC}IA Install 20-inch diameter pit casing to approximately 30 feet. Drill 9oinch diameter pilot hole from land surface to approximately 400 feet using the rotary mud Conduct geophysical logging on pilot hole. A-3 method. A TTA CHMENT A DETAILED DESCRIPTION OF PROJECT Ream nominal 20-inch diameter hole from pit casing to approximately 400 feet. Set and cement in place to land surface approximately 400 feet of 12-inch diameter Schedule 80 PVC casing. Drill 9-inch diameter pilot hole from approximately 400 feet to approximately 1,000 feet using the reverse air drilling method. Perform open hole flow test and up to 5 single packer tests as determined by the well-site geologist. Conduct geophysical logging and television survey of the completed borehole following pilot hole drilling and testing. Backfill pilot hole to approximately 750 feet with cement. Set and cement in place to land surface approximately 700 feet of 4-inch diameter Schedule 80 PVC casing. Cementing ',','ill be conducted in stages of less than 100 feet. Perform temperature logs on each stage of cement and perform a pressure test on the final casing. Drill a nominal 3 3/4-inch diameter borehole from approximately 700 feet to 750 feet below land surface. Develop the open borehole and collect a water sample from the open zone. Install temporary wellhead assembly, set up pump testing equipment and discharge piping, colle~t'background water level data and perform a preliminary pumping test. Collect water samples for water quality analysis. Install permanent wellhead equipment, piping, appurtenances, concrete pad and perform disinfection. Demobilize equipment, clean and restore drilling site. Work Products: Lithologic samples, xvater samples, geophysical logs, video survey, geologist log, water o quality analyses results, packer test data and interpretation results, instrument calibration data, cementing operations plan and records, casing installation tabulation, descr/ption/record drawings, ,.yell completion report, and drilling disposal plan and approval. Deliverable: Installed and Tested ASR Monitor Well. ^TT^C. ^ A-4 A TTA CHMENT A DETAILED DESCRIPTION OF PROJECT Task 4 - Proposed Sequence 0fDrilling and Te,sting ofpil0t ASR Injection/Recovery \Veil I Set and cement in place surface casing to approximately 50 feet. Drill a 9-inch diameter pilot hole from land surface to approxinmtcly 700 fcct using the rotary mud method. Perform geophysical logging. Ream the pilot hole to a nominal 22-inch dimnctcr borcholc from land surface to 100 feet and to a nominal 18-inch diameter from I00 feet to approximately 700 fcct. Set and cement in place 12-inch di,'uneter casing from approximately 700 feet to 100 feet coupled to 16-inch diameter casing from 100 feet to land surface. Perform temperature logs on each stage of cement and perform a pressure test on the final casing. Drill and core a 9-inch diameter pilot hole from approximately 700 feet to a total depth of approximately 750 feet using the reverse air drilling method· Collect up to 50 feet of conventional core as directed by the weIlsite geologist. Conduct geophysical logging and video survey of the completed pilot hole. Ream pilot hole to nominal 12-inch diameter open hole. Develop the open borcholc, collect a water sample from the ASR zone, all as specified. Install..temporary wellhead assembly, set up pump testing equipment and discharge piping, colic'ct background water level data and perform a 72-hour aquifer performance test. Collect water s~mples for water quality analysis. Install permanent wellhead equipment, piping, pump ,'md pump column, instrumentation ,'md appurtenances, concrete pad and perform disinfection. Demobilize equipment, clean and restore drilling site. Deliverable: Installed and Tested Pilot ASR Well· ,",'ri'AC H ^ A-5 Work Products: Lithologic samples, geophysical logs, video survey, laboratory analyses, instrument calibration data, cementing operations plan and records, casing installation tabulation, development and test records, inclination survey test results, final well de.s..cr.._iption/record drawings, records required by law, well completion report, grout card and drilling waste disposal plan and approval. A TTA CHMENT A DETAILED DESCRIPTION OF PROJECT a - r ose n t cti ~e ace , ] c Faci[tic · Construct reclaimed water transmission piping and valves and above grade flanged piping and appurtenances. · Install pump in ASR well. · Make necessary filtration and chlorine feed modifications. · Relocation of system corrosion stabilizer injection location. · Install and test electrical/instrumentation. · Painting, restoration and cleanup. Work Products: Vertical and horizontal control, materials tabulation records, testing records, st,'mup logs, and certifications. Deliverable: Completed Surface Facilities and Transmission Piping. Task 6 - Final Con~truct/gn Documcntx/ · Prepare s. hop drawings and equipment information. · Prep~ operations and maintenance manuals. · Condu, c't t?aining on equipment operations and maintenance. · Certify preparation of operation and maintenance manuals. Work Products: Shop drawings, record draw/ngs, one copy of operation & maintenance manual. Deliverable: Final Construction Documents. 3.2 Description of Design ' A schematic diagram of the pilot ASR project wells arc shown in Figure 1. The design includes the following: ATTACH A A-6 200 ASR TESTI MONITOR WELL -- 24' DIAM. HOLE -- 20' DIAM. STEEL CASING NEAT CEMENT GROUT NOMINAL 20' DIAM. HOLE 12' DIAM. SCH 80 PVC CASING 20' DIAM. STEEL CASING 16' DIAM. SCH 80 PVC CASING 16'X 12' COUPLING NEAT CEMENT GROUT DIAM. 80 PVC CASING -- 8' DIAM. BOREHOLE 16' DIAM, 8OREHOLE NEAT CEMENT 12' DIAM. GROUT SCH. 80 CASING ASR TEST/ INJECTION WELL OPEN HOLE NOM. 12' DIAM. OPEN HOLE 9OO -- 8' DIAM, BOREHOLE NEAT CEMENT GROUT FIGURE 1. SCHEMATIC DIAGRAM OF PROPOSED ASR TEST WELLS A TTA CHMENT A DETAILED DESCRIPTION OF PROJECT One 12-inch diameter injection v,'ell cased to approximately 700 feet below land surface, and an open hole injection/recovery zone from approximately 700 to approximately 750 feet. One 4-inch monitor well cased to approximately 700 feet below land surface, and an open hole monitor zone from approximately 700 to 750 feet. The ASR pilot project is designed to obtain site-specific hydrogcologic and water quality data in order to identify ,'md select ,'tn optimum storage interval. Discreet interval hydraulic testing will be conducted during drilling of the deep test/monitor well. The primary objectives will be to determine the transmissivities of the storage zone and the confining characteristics of the zones above and below the storage zone. Final completion depths for the ASR well w/Il be determined follo',ving rev/ew ,and interpretation of data collected during construction of the monitor ,.,,'ell pilot bole. The deep test/monitor well will subsequently be used as an observation well for an aquifer performance test, and a monitor well for the storage interval during operational testing of the ASR well. 3.3 Project Justification and Cost/Benefit Estimates This project is.jtistified because of the opportunity to conserve significant quantities of fresh water and to reduce the. am.ount of effluent being lost through conventional disposal methods. During the '.vet season or other rain.',, periods, treated wastcv,'ater frequently goes unused. With adequate storage available, this excess water would be available for beneficial use during the dry season. The storage of wet season effluent for use during the dr)' season ,,,,,ill also relieve demands on potable aquifers during the dry season. An analysis ,,vas performed to compare the capital cost of ASR versus the cost of conventional water storage. The comparison indicated that ASR is more economic than conventional storage. Other cost/benefit opportunities can be obtained through ASR implementation by minimizing and delaying future water supply well field and treatment plant expansion to meet future demands. The cost benefit ^rr^c. ^ A-7 11 :II A TTA CHMENT A DETAILED DESCRIPTION OF PROJECT for construction of the proposed ASR system is a savings between S2.5 to $3.0 million to thc utility cus[orrlers. 3.4 Potential for Significant and Lasting Benefits Implementation of an ASR facility has significant and lasting benefits for Collier County by providing the following: · A means to meet future irrigation water demands by utilizing existing WWTP facilities. · Effective management of existing water resources including the ability to: - maintain wellfield safe yield - erd~ance wet season production - reduce aquifer stress during the dry season - minimize potential advancement of saltwater intrusion · Reduce or delay the need for future wellfield expansion. · Support regional water management strategies. 4.0 Loc..a. tion of the Project The project is' located at the NCRWWTF in Collier County. Figure 2 is a project location map. The injection well and monitor well will be installed on the treatment plant site owned by Collier County. Adequate space and right-of-way is available to construct the project. 5.0 Deliverable and Payment Schedule Table I provides a detailed project schedule and payment amounts. The project is estimated to be completed in 12 months. Preconstruction activities will commence in October 1998 with all construction completed by September 30, 1999. ATTACH A A-8 ATTACHMENT "B" M~¥BE Utilization Plan Schedule of Subcontractor/Minority Business Enterprise (M/WBE) Participation · Final M/WBE Utilization Report MAA/BE UTILIZATION PLAN Collier County will make a good faith effort to meet the District's 17% Minority and Women Business Enterprise (M/WBE), Participation Goal. This project will utilize the District's M/WBE program and Collier County's program with a · , Z , r,73 1998 - 1999 SOUTH FLORIDA WATER MANAGEMENT DISTRICT FUNDING PROGRAM AGREEMENT ORIGINAL ;~ecipient's Name: Collier County Water/Sewer District Address: 3301 East Tamiami Trail Bldg. H Naples, Florida 34112 Shaded Areas For District Use Only Application No. AW5-98 __I.4_ ........... Governing Board Approval Date~[--J-3-~-I99B District Funding Amount: $2__0.0.,_0_0_0_._0_0. ........ M/WBE Target % j.7. .................... District's Project Manager: Jane Bucca Address: 3301 Gun Club Road West Palr~ Beach, Florida 33406 Telephone No: (561) 682-679! Fax No: {561) 681-6264 Insurance Attachment ("8") Recipient's Project Manager: [] Applicable Fir, Ed Ilschner Not Applicable Address: Collier County Water/Sewer District 3301 East Tamiami Trail Bldg. H Naples, Florida 34112 Telephone No:(Area Code) (941) 732-2540 Fax No: (Area Code) (941) 732-2526 Federal Employer [dent~f~cahon Number: Project Title: Manatee Road Potable Aquifer Storage and Recovery System Contract C-10756 Page I of 8 This Agreement is entered into between "tile Parties". the South Florid;, \Vater Management District. (the "District"). and the undersigned/,.pplicant, hcreinafler referred to as thc "Recipient". Thc Recipient warrants and represents that it has no oblig;ltion tlr indebledness that would impair its ability to fulfill the terms and conditions of this Agreement. and shall abide by all legal, financial, and reporting requirements. such as matching funds and final reports for all funding received by the Recipient from the District. ARTICLE I - PROJECT 1.I The Recipient shall, to the satisfaction of the District. fully and timely construct and perform all work items described in the "Detailed Description of the Projcct." attached hereto as Attachment "A". and made a part of this ,\greement. 1.2 As part of the services to be provided by thc Recipient under this Agreement. thc Recipient shall substantiate, in ;vh;,tcver forum reasonably requested by the District. any supporting documentation utilized as a basis for payment by the District. This paragraph shall survive the expiration or termination of this Agreement. ARTICI.E 2 - TER.Xl OF TIlE A(;REEMENT 2.1 The peritx:l of perfi:,rmance of this Agreement shall commence on thc Construction start date stated by the Recipient on the last page of this Agreement and shall continue fi~r a period of one (I) 3'car. 2.2 The Parties agree that time is of thc essence in thc performance of each and every obligation under this Agreement. A I,UI'I CI.E 3 - COM I'ENSATION/CONSIDERATION 3.1 As consideration for providing the goods and services required by this Agreement. thc District shall pa.',' the Recipient Ihe funding amount as specified on page one. Such amount is a fixed amount and therefore, no additional consideralion shall be authorized. 3.2 The Recipient assumes sole responsibility fl~r all work. v,'hich is performed pursuant to Attachment "A." By providing funding hereunder, the District does not make an.',' warranty, guaranty, or an.',' representation whatsoever regarding any of the work performed hereunder, including but not limited to the :~dequ.acy or sufficiency of all or an.,,' part of ,.vc, rk described in .,\ttachment "A." 3.3 The Recipient hereby agrees that it shall use other sources of funding for all work :~ssociated with the design and permitting aspects of the Project. District funds shall only be used for capit:d or infrastructure costs for the construction activities described in Attachment "A." 4.1 AI~,TICI.E 4 - FUNDING PA'YM EN'I'S AND RI':I'ORTING The District shall ~nake payment to the Recipient ul'xm completion and acceptance of the Project. The Recipient shall provide certification that all construction has been completed in-accordance with Attachment "A" of this Agreement. Thc Recipient's invoice shall reference the l)istrict's Application Number and shall be sent to the Project Manager at the address stated on the first page of the Agreement. Thc Recipient shall not submit an invoice to any other address at the District. Contract C-10756 Page 2 of 8 4.2 4.3 4.4 The District shall inspect all work and review final repons before authorization of payment is made to the Recipient. The District shall pay the full amount of the invoice within thirty (30) days of receipt and acceptance, provided the Recipient has performed the work according to the terms and conditions of this Agreement. Funding will be withheld if the Recipient has not submitted required reports or met all of the administrative requirements. Upon award of the Agreement, thc Recipient shall provide to the District a detailed schedule ~)f the Project and the M/WBE utilization plan applicable to the construction of the Project. The Recipient shall provide three (3) copies of progress reports on a quarterly basis to the l)i.s-trict, which shall describe thc extent of Project completion and provide an updated M/WBE utilization report indicating the M/WBI-; firms used on the Project. UlXm request by the District. the Recipient shall prt,vide as supporting documentation, all work products as.~iated with the completion of the tasks designated in the Breakdown Structure and Deliverable Schedule of Attachment "A. attached hereto to this Agreement. flowevcr, failure by the Recipient to follow the foregoing instruclions may result in an unavoidable delay of payment by the District. ARTICLE 5 - PROJECT MANAGEMENT 5.1 Thc l'anies shall direct all matters arising in connection with the performance of this Agreement. other than invoices and notices, to the attention of the Project blanagers for attempted resolution or action. The Project Managers shall be resp(msible for overall ct~,rdination and oversight relating to the performance of this Agreement. 5.2 All notices, demands, or other communications to the Recipient under this Agreement shall be in writing and shall be deemed received if sent by certified mail, return receipt requested, to the address stated. All notices to the District under this Agreement shall be in writing and sent by certified mail to: South Florida Water Management D/~trict Attn: ~Pmject Manager's Name as stated on the first page of the Agreement) (Address as stated on the first page of the Agreement) 5.3 All notices required by this Agreement shall be considered delivered upo. receipt. Should either Party change its address, written notice of such new address shall promptly be sent to the other Party. 5.4 All correspondence to thc District under this Agreement shall reference the District's Application Number. ARTICLE 6 - TERM INATION/REbl EDIF~S 6.1 6.2 If either Party fails to fulfill its obligations under this Agreement in a timely and proper manner, the other Party shall have the right to terminate this Agreement by giving written notice of any deficiency. The Party in default shall then have ten (10) calendar days from receipt of notice to correct the deficiency. If the defaulting Party fails to correct the deficiency within this time. the non-defaulting Party shall have the option to terminate this Agreement at the expiration of the ten (I0) da)time period. The District may terminate this Agreement at any time for convenience upon thirty (30) calendar days prior written notice to the Recipient. The performance of work under this Agreement may be terminated by the District in accordance with this clause in whole, or from time to time in pan, whenever the District shall determine that such termination is in thc best interest of the District. Any such termination shall be effected by delivery to the Recipient of a Notice of Termination specifying the exteni to which performance of work under the Agreement is terminated, and the date upon which such termination becomes effective. Contract C-10756 Page 3 of 8 6.3 6.4 6.5 6.6 In thc cvcnt of termination, thc District shall compensate thc Recipient for all authorized and accepted work performcd through the termination date. The Diqtrict shall be relieved of any and all future obligations hereunder, including but not limited to, lost profits and consequential damages under this Agreement. Thc District may withhold all paymcnts to the Recipient for such work until such time as the District determines thc exact amount duc to thc Recipient. If either Party initiates legal action, including appeals, to enforce this Agreement. the prevailing Part)' shall be entitled lo recover a rea.sonable attorney's fee. based upon the fair market value of the services provided. In the event the Recipicnt's funding becomes unavailable, that shall be gt~,,d and sufficient cause for the l)istrict to terminate the Agreement. pursuant to Paragraph 6.2. above. In the event a dispute arises which the Project Managers cannot resolve bctv.'een themselves, the Parties shall have the option to submit to non-binding mediation. The mediator tlr mediators shall be impartial. shall be selected by the Parties, and the cost of the mediation shall be borne equally by the Parties. The mediation process shall be confidential to the extent permitted by la~: ARTICLE 7 - RECORDS RETENTION 7.1 Thc Recipient shall mmntain records and the District shall have inspection and audit rights as follows: A. Maintenance of Records. The Recipient shall maintain all financial and non-financial records and reports d~rcctly rjr indirectly related to thc negotiation or performance of this Agreement. including supporting documentation for any service rates, expenses, research or repons. Such records shall be maintained and made available for inspection for a period of five (5) years from completing performance and receiving final payment under this Agreement. B. Examination of Records. Tile District or its designated agent shall have thc right to examine in accordance with generally accepted governmental auditing standards all records directly or indirectly related to this Agreement. Such examination may be made only within five (5))'ears from the date of final payment under this Agreement and upon reasonable notice, time and place. C. Extended Availability ~ff Records fi~r l.egal Disputes. In the event that the District should become involved in a legal dispute with a third party arising from performance under this Agreement. the Recipient shall extend the period of maintenance for all records relating to the Agreement until the final disposition of the legal dispute, and all such records shall be made readily available to the District. 8.1 8.2 ARTICI,E 8 - STANDA I~,DS OF COMI'I,IANCE The Recipient. its employees, subcontractors or assigns, shall comply with all applicable federal, state, and local laws and reguk, tions relating to the performance of this Agreement. The District undertakes no duty to ensure such compliance, but will attempt to advise the Recipient. upon request, as to any such laws of v,'hich it has present knowledge. The laws of the State of Florida shall govern all aspects of this Agreement. In the event it is necessary for either party to initiate legal action regarding this Agreement. venue shall be in the Fifteenth Judicial Circuit for claims under state law and in the Southern District of Florida for any claims which arejustifiable in federal court. Contract C-I0756 Page 4 of 8 8.3 8.4 8.5 8.6 The Recipient shall allow public access to all Project documents and materials in accordance with the provisions of Chapter 11% Florida Statutes. Should the Recipient assert any exemptions to the requirements of Chapter 119 and related Statutes. the burden of establishing such exemption, by way of injunctive or other relief as provided by law. shall be upon the Recipient. Pursuant to Section 216.347. Florida Statutes. the Recipient is prohibited from the expenditure of any funds under this Agreement to lobby the Legislature. the judicial branch, or another state agency. The Recipient shall obtain, at its sole expense, all necessary licenses, authorizations and permits from the appropriate private party or f~eral, state, municipal or local agency, and other governmental approvals. prior to commencing performance of this Agreement. The Recipient hereby assures that no person shall be excluded on the grounds of race. color, creed, national origin, handicap, age. or sex. from participation in. denied the benefits of. or is otherwise subjected to discrimination in any activity under this Agreement. The Recipient shall take all measures necessaD' to effectuate these assurances. ARTICLE 9 - YEAR 2{)0t} CO*IPLIANCE 9.1 In the event that the Recipient's performance, as required by this Agreement, involves the use and/or delivery of a software and/or hardware product of an)' kind. the following language shall apply: '['he Recipient reprcsent.s and warrants that the software, firmware and/or hardware is designed to be used prior to. during, and after the calendar year 2000 A.D.. and that the software, firmware and/or hardware will operate during each such time period without error relating to date data, specifically including any error relating to. ~r the pr~xluct of. date data which represent or reference multiple centuries. 9.2 Without limiting the generality of the foregoing, the Recipient further represents and warrants: (1) That the software, firmware and/or hardware will not abnormally end or provide invalid or incorrect results of date data. specifically including date data which represent or reference multiple centuries. (2) That the software, firmware and/or hardware has been designed to ensure Year 2000 Compatibility. including, but not limited to. date data century recognition, calculations which accommodate same century and multiple century formulas and date values, and date data interface values that reflect the century. (3) That thc software, firmware and/or hardware include Year 2000 capabilities. For the purposes of this Agreement. Year 2000 Capabilities means the software, firmware and/or hardware: (i) will manage and manipulate data involving dates and leap year calculations, including single century formulas and multi-century formulas, and will not cause an abnormally ending scenario within the application or generate incorrect values or invalid results involving such dates; and (ii) provides that all date-related user interface functionalities and data fields include the indication of century. 9.3 Included as part of this Year 2000 Compliance Warranty, thc Recipient shall provide to the Dkstrict, at no additional charge. (i) fixes, corrections and updates to the software that are necessary to ensure Year 2000 Capabilities. as defined herein; (ii) advice, consultation and assistance to use the software and/or hardware and diagnose and correct Year 2000 Capability problems that may exist with the software and/or hardware; and (iii) if deemed necessary by the District. replacement hardware which is compliant with this Year 2000 Compliance Warranty. Contract C-I0756 Page 5 of 8 9.4 9.5 In the event fixes, corrections and updates of the software ,arc not technically feasible, and this Agreement involves the purchase and/or license and/or receipt ora software, firmware and/or hardware product of any kind. the Recipient shall accept the return of the softv,'are and/or hardware if this warranty is breached, and terminate any and all applicable Schedules. Further. the Recipient shall refund to the District the full amount of the License Fee actually paid to the Recipient for the software: and in the case of hardware return, the Recipient shall retired to the District the full amount of the hardware actually paid to the Recipient by the District. In addition to the foregoing, the Recipient shall refund to the District all maintenance fees paid by the District. if any. for on-going support, new sofiv,'are releases and prtxtuct updates. All such refunds shall be made to the District. Notwithstanding any other provision in the Agreement to thc contrar,~q thc l)istrict hereby reserves all rights to obtain all remedies to thc fullest extent of the law. without any limitation whatsoever. ,'~,; may be determined by a court of competent jurisdiction (including damages or equitable relict). The term Year 2000 Compliance Warranty shall mean. collectively, the v.,arranties set forth herein. This Year 2000 Compliance Warranty shall survive the expiration or termination of this Agreement. I0. ARTICLE 10 - INDEMNIFICATION AND INSURANCE 1 The follo~Hng indemnification clause shall only be applicable to ln~'estor-owned Utilities or Private Entities) For value received, which is hereby acknov,'ledged, the Recipient shall defend, indemnify, save. and hold the I)istrict. its agents, assigns, and employees, harmless from any and all claims or causes of action, including without limitation, all damages, losses, liabilities, expenses, costs, and attorney's fees related to such claims, resulting from any negligent or intentional act or omission, or the violation of any federal, state, or local law or regulation, by the Recipient. its subcontractors, agents, assigns. invitees, or employees in connection with this Agreement. The Recipient further acknowledges that it is solely responsible for ensuring its compliance and the compliance of its subcontractors, agents. assigns, invitees and employees with the terms of this Agreement. The provisions of this paragraph survive the termination or expiration of this Agreement, 10.2 The folloss'ing shall only apply if the stork is being performed on District property. The Recipient shall procure and maintain, through the term of this Agreement. insurance coverage reflecting, at a minimum, the limits and coverage conditions identified on the District's Certificate of Insurance. attached and made a part of this Agreement. The coverage required shall extend to all employees and subcontractors of the Recipient. The attached District's Certificate of Insurance shall be completed in full. indicating the producer, insured, carrier's name and Best rating, policy numbers and effective and expiration dates of each type of coverage required. The Certificate shall be signed by the insurance carrier's authorized representative, ARTICLE 11 - bl/¥,'BE COblPIAANCE 11.1 The Recipient shall take all necessary and reasonable steps to achieve and maintain the M/3,VBE target for this Agreement. and ensure that minority-owned enterprises have the maximum opportunity to compete for and perform under the construction of the project. The Recipient shall submit a copy of the Final MfWBE Utilization Report with the final invoice. See Attachment "B". Contract C-10756 Page 6 of 8 A RTICI.E 12 - RELATIONSI II P BETWEEN TI i E I'A RTl 12.1 The Recipient is an independent contractor and is not an employee or agent of the District. Nothing in this Agreement shall be interpreted to establish any relationship other than thai of an independent contractor between the District and the Recipient, its employees, agents, subcontractors, or assigns, during or after thc performance of this Agreement. The Recipient is flee to provide similar services for othcrs. 2.2 The Recipient shall not assign, delegate, or otherwise transfer its rights and obligations as set forth in this Agreement without the prior written con.scm of the District. Any attempted assignment in violation of this provision shall be void. 12.3 It is the intent and understanding of the Panics that this Agreement is solely for thc benefit of thc Recipient and ;he District. No person or entity other than the Recipient or the District shall have any rights or privileges under this Agreement in any capacity whatsoever, either as third-party beneficiary or otherwise. ARTICI.E 13 - GF. NI::RAL PROVISIONS 13.1 Notwithstanding ;my provisions of this Agreement lo the contrary, the Parties shall not be held liable for any failure or delay in the performance of this Agreement that arises from fires, floods, strikes, embargoes, acts of the public enemy, unusually severe weather, outbreak of war. restraint of Government. riots, civil commotion, force majeure, act of G~x]. or for any other caum of the same character which is unavoidable through the exercise of due care and beyond the control of the Pan. ies. Failure to perform shall be excused durine the continuance of such circumstances, but this Agreement shall otherwise remain in effect. This provision shall not apply if the "Statement of Work" of this Agreement specifies that performance by the Recipient is specifically required during the occurrence of any of the events herein mentioned. 13.2 In the event any provisions of this Agreement shall conflict, or appear to conflict, the Agreement. including all Attachments. and all documents specifically incorporated by reference, shall be interpreted as a whole to resolve any inconsistency. 13.3 Failures or waivers to insist on strict performance of any covenant, condition, or provision of this Agreement by the Panics. their successors and assigns shall not be deemed a waiver of any of its rights or remedies, nor shall it relieve the other Party from performing any subsequent obligations strictly in accordance with the terms of this Agreement. No waiver shall be effective unless in writing and signed by the Party against whom enforcement is sought. Such waiver shall be limited to provisions of this Agreement specifically referred to therein and shall not be deemed a waiver of any other provision. No waiver shall constitute a continuing waiver unless the ~witing states otherwise. 13.4 Should an)' term or provision of this Agreement be held. to any extent, invalid or unenforceable, as against any person, entity or circumstance during the term hereof, by force of any statute, law, or ruling of any forum of competent jurisdiction, such invalidity shall not affect any other term or provision of this Agreement. to the extent that the Agreement shall remain operable, enforceable and in full force and effect to the extent permitted by law. 13..5 This Agreement ma)' be amended only with the written approval of the Parties. 13.6 This Agreement states the entire understanding and Agreement between the Parties and supersedes any and all written or oral representations, statements, negotiations or Agreements previously existing between the Parties with respect to the subject matter of this Agreement. The Recipient recognizes that any representations, statements or negotiations made by District staff do not suffice to legally bind the District in a contractual relationship unless they have been reduced to writing and signed by an authorized District representative. This Agreement shall inure to the benefit of and shall be binding upon the parties, their respective assigns, and successors in interest. Contract C-10756 Page 7 of 8 IN WITNESS WHEREOF. the Parties or their dui)' authorized representatives hereby execute this Agreement on the date v. Titten below. Legal Form Approved SI~VMD Office of Counsel SOUTII FLORIDA WA. TER MANAGEMENT DISTRIC'I; BY ITS GOVERNING BOARD Approved as to form and legal suffic[ y Assistant County Attorney By: Executive Director Date:. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, A PO..L. IT. ICAL SUBDIVISION OF TIlE STATE OF ..F. EORIDA: AND AS EX-OFFICIO TIlE GOVERNING BOARD OF THE COLLIER COU .N:FY Recipient's Legal Name: WATER/SEWER DISTRICT Construction Project Start Date: AT-rEST: --' DWIG,HT E. B,ROCK.. CLEPX': - Attest as to Chairman's signature onl$, Contract C-10756 Page 8 of 8 16~6 ATTACHMENT "A" DETAILED DESCRIPTION OF PROJECT A TTA CHMENT A DETAILED DESCRIPTION OF PROJECT 1.0 Introduction Collier County initiated a phased deep aquifer study in 1990 to investigate brackish groundwater resources for potential as a raw water supply source or an aquifer storage and recovery system. P, csults of that study indicated a viable aquifer storage and recovery zone at the county's Manatee Road utility site. The Manatee Road site facilities include a 2 million gallon storage tank, a high service booster pump, and an emergency power generating unit. The site is located in the southern portion of the county's water potable distribution system. Location of an ASR facility in the distribution system and away from a central water treatment plant ,.vas a novel concept at the time which yields a'number of operational advantages. The pr/mary benefits of locating the ASR system at the Manatee Road facility include: provision of peak seasonal demands to the south count:5' area, alleviation of the need for construction of parallel transmission mains or in-line booster pun]ps to meet those seasonal demands, deferment of expansion of the South County Regional Water Treatment Plant and raw water supply system, and provision of emergency water supply in case of power outages, line breaks or other distribution problems. The Manatee Road potable ASR system was designed and permitted through the Florida Department of Environmental Protection (FDEP) Underground Injection Control (UIC) program. One ASR injection/recovery well and 4 monitor wells were constructed into the Hawthorn Zone II aquifer. Injection of potable water began in October 1991. Since that time, seven cycles of injection, storage, and recovery have been conducted. Presently, about 150 MG of potable water are stored in the ASR zone. Ultimate yield of the existing ASR well is approximately 1.5 MGD xvith a recovery efficiency of approximately 70%. Collier County has allocated the funds for this fiscal year to convert the test ASR well into a fully operational system (Phase I). Final designs for this Phase I operational conversion are near completion and construction bidding will occur in October 1998. Costs for the construction is estimated to be $440,000. The existing ASR system will ultimately be expanded to 5 MGD with the addition of 4 ASR wells (Phase II). Cost of the Phase II expfinded system is an additional $1.4 million. ATTACH.A A-1 Il A TTA CHMEN T A DETAILED DESCRIPTION OF PROJECT The Manatee Road ASR system allows the county's freshwater resources to be managed most effectively. Freshwater is treated and stored during the wet season months when excess supply is available. Peak season demands arc later met by use of thc ASR stored water thereby alleviating demand placed on the frcshwatcr sourccs during critical dry periods. Collier County has been a leader within the SFWMD in its use of brackish water sources, ~vastewater reuse, and ASR technology. The proposed project continues the county's commitment to meeting the goals and objectives ofthe Lower West Coast Plan. The overall project objectives are the conservation of water resources, emergency water supply, and thc reduction of potential adverse environmental effects. The principal objectives of implementing an ASR facility for Collier County arc: Reduce dependence on the Lower Tamiami aquifer to meet peak dry season demands. Provide storage for an emergency water supply. Increase reliability for Collier County and adjacent interconnected utilities. Provide effective management of existing resources. Minimize the need for wellfield, transmission line, and water treatment system expansion to meet potable demands. Minimize the threat of saltwater intrusion by reducing dry season wellfield stress. Minimize the threat of seasonal stress on wetland vegetation. Optimize operation of existing facilities. Support regional water management strategies. 2.0 Scope Phase I The scope for Phase I of this project is to construct the pumping, piping, filtration, and treatment facilities to convert an existing test ASR well into a fully operational 1.5 MGD potable ASR system. The project will allow the seasonal storage ofover 100 million gallons oftreated drinking water for ATTACH.A A-2 ATTACHMENT A DETAILED DESCRIPTION OF PROJECT withdrawal during thc do' season and]or emergency situations using ASR technology. Design plans and specifications will bc completed and permits obtained prior to thc commencement of thc work to be performed under this proposal. Phase I construction will bc completed within thc 1998-1999 budget year. Phase II The scope for Phase II of this project is to construct a 4 MGD expansion of thc ASR facility at the Manatee Road utility site. The construction is proposed to include 4 ASR wells and associated monitor wells, pumps, piping, and controls. The project will expand the existing system to allow storage of up t~) 0.5 billion gallons of treated drinking water and withdrawing this supply during the do' season and/or emergency situations using ASR technology. Each well will be constructed similarly to the first to approximately 500 feet below land surface (bls). The preliminary, design has been developed and is included in the Collier County Aquifer Storage and Recovery Pilot Project Technical Memorandum. Design plans and specifications will be completed and permits obtained prior to the commencement of the work to be performed under this proposal. Phase II construction will be completed within the 1999-2000 budgei year. "3.0 Work Breakdown Structure 3.1 Description of Project Elements (Phase I) A summary of work and a description of tasks required to complete the Phase I project are provided below. Work proposed to be covered by contract documents for the construction of the ASR facility at the Manatee Road facility includes the following: ~qummary of Work 2. 3. 4. Submersible pump purchase and installation Injection/recovery ~vater transmission main construction Filtration, pumps, disinfection and valving purchase and installation Instrumentation and controls purchase and installation ATTACH.A A-3 Electrical system construction Miscellaneous site work Contractor submittals A TTA CHMENT A DETAILED DESCRIPTION OF PROJECT Task 1 - Preconstruction Activitj¢~ " Review and revise specifications for treatment, filtration, pumping, piping, and control facilities. Submit and receive necessary construction permits. Work Products: Construction permits, Specifications and Plans for proposed facilities. Deliverable: Completed Construction Permits, Plans and Specifications Task 2- Prcliminalw Construction Activities · Clear site and establish vertical and horizontal control. · Mobilize equipment and materials. · ' Install temporary services, as specified. Work Products: Permits, equipment list, material and supplier's list, subcontractor's list, horizontal and vertical control, and mill certificates. Deliverable: Completed preliminary construction activities. Task 3 - Con~;~ru¢;ion of Surface and St bsurt~ ce F, cilities · Construct water transmission piping and valves and above ~grade flanged piping and appurtenances. " Install filtration, pumps, and valving. - Install and test electrical/instrumentation. . · Painting, cleanup. restoration and AI-rAOH.A A A TTA CHMENT A DETAILED DESCRIPTION OF PROJECT Work Products: Vertical and horizontal control, materials tabulation records, testing records, startup logs, and CertifiCations. Deliverable: Completed Surface Facilities and Transmission Piping Task 4 - Final ConstruetiQn Documents Prepare shop drawings and equipment information. · Prepare operations and maintenance manuals. · Conduct training on equipment operations and maintenance. · Certify preparation of operation and maintenance manuals. Work Products: Shop drawings, record drawings, and one copy of operation and maintenance manual. Deliverable: Final Construction Documents. 3.2 Description of Design The design includes the following: · One 50 Hp, 1100 gpm submersible vertical turbine pump. · Two 5 micron cartridge filters each rated at 600 gpm. · One 8-inch, 20 mesh trap strainer. · Four motor operated 8-inch butterfly valves, one 16-inch tapping valve and sleeve, two 1- inch air/vacuum release valves, one 6-inch motor operated valve, one rubber check valve, and four 8-inch gate valves. · Various lengths of 8-inch, 12-inch, and 16-inch diameter ductileqron pipe, and related pipe fittings. One-inch PVC ammonia and chemical feed lines. · One conductivity probe and insertion type turbine flow meter, each with transmitter. · One 150 lb/day package sodium hypochlorite generator unit complete with salt and bleach storage tanks. ATTACH.A A-5 ATTACHMENT A DETAILED DESCRIPTION OF PROJECT Electrical motor control center for pump and valves, instrumentation transmitters and receivers and telemetry system. 3.3 Project Justification and Cost/Benefit Estimates This project is justified because of the opportunity to conserve significant quantities of fresh water. Groundwater levels during the wet sca_son are frequently high, and excess groundwater is available for other beneficial use, such as urban water supply. The storage of wet season water for use during the dry season will relieve demands on the aquifer during the dry season. The projects unique location away from the central water treatment plant offer the added benefits of emergency water supply and elimination of additional transmission capacity just to meet peak season demands. An analysis was performed to compare the capital cost of ASR versus the cost of conventional xvater storage. The comparison indicated that ASR is much more economic than conventional storage. Other cost/benefit opportunities can be obtained through ASR implementation by minimizing and delaying future wellfield and treatment plant expansion to meet future demands. 3.4 Potential for Significant and Lasting Benefits Implementation of an ASR facility has significant and lasting benefits for Collier County by providing the following: · A means to meet future water demands by utilizing existing WTP facilities. · An emergency water supply source. · Effective management of existing aquifer resources includingfhe ability to: - maintain wellfield safe yield - enhance wet season production - reduce wellfield stress during the dry season - minimize potential advancement of saltwater intrusion A-6 ATTACH.A A TTA CHMENT A DETAILED DESCRIPTION OF PROJECT Reduce or delay the need for future transmission line expansion. Support regional water management strategies. 4.0 Project Location The site is located in the southern portion of the county's potable water distribution system as shown on Figure 1. Figure 2 shows the proposed project. 5.0 Deliverable Schedule Table 1 provides a detailed project schedule. The project is estimated to be completed in 12 months or less. All construction will be completed prior to September 30, 1999. ATrACH.A A-7 Il 2~ £ ' '11' I" -I ~ ALIT..RHAT1V~ WATER SUPPLY FUNOI~G PROG~ PROdS'CT LOCATIO~I SCHEMATIC DIAGRAM OF PROPOSED MANATEE ROAD ASR WELL AND PUMPING SYSTEM PROPOSED 12' ASR RECOVERY PiPE G DUAL DIRECT FLOW EXISTING 2 MG STORAGE TANK PROPOSED 8' ASR RECHARGE PIPE [] CARTRIDGE FILTERS EXISTING (- ASR WELL PROPOSED 1100 GPM ASR RECOVERY PUMP H PROPOSED 8'PURGELINE F D EXISTING ~ 6' BACKFLOW PREVENTER ,_. PROPOSED 1' AMMONIA / PROPOSED AQUA AMMONLA FEEDER EXISTING 20' DISTRIBUTION PiPE t EXISTING 20' FILL PIPE PROPOSED 16' BYPASS PIPE B -~ P..~ROPOS~[;) 1.~" C_~.~L~ )RINE ----I PROPOSED BLEACH GENERATOR & FEED EQUIPMENT A ! EXISTING 20' SUCTION PIPE PROPOSED ____~CHLORINE RESIDUAL MONITOR EXISTING BOOSTER PUMPS 'FABLE 1 PROJECT SCHEDULE ATTACHMENT A DETAILED DESCRIPTION OF PROJECT Task I Description I Duration (Months) I Preconstruction Activities 3 2 Preliminary Construction Activities 1 3 Surface and Subsurface Facilities 6 4 . Final Construction Documents 2 : TOTAL 12 ATTACH.A Ao8 ATTACHMENT "B" M/WBE Utilization Plan Schedule of Subcontractor/Minority Business Enterprise (MdWBE) Participation · Final M/WBE Utilization Report Mi1/VBE UTILIZATION PLAN Collier County will make a good faith effort to mcct thc DiStrict's 17% Minority and Womcn Business Enterprise (MJWBE), participation Goal This project will utilize the. District's MfWBE program and Collier County's program with a 17% utilization goal ,-_,,:_. r- ...... ~..~: ............. °~ .~. . :::3 NORTII COUNTY REGIONAL WATER TREATMENT PLANT 8 MGD EXPANSION AMENDMENT SIX (6) TO PROFESSIONAl., SERVICES AGREEMENT This Amendment Six (6) to the Agreement dated ~April I1, 1995 (hereinafter "AGREEMENT") is made and entered into this/~ day of ~~ , 19 ~/9, 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 thc "OWNER") and Metcalf & Eddy, Inc., a Delaware corporation, authorized to do business in the State of Florida, whose new business address is 3740 Executive Wa>', Miramar, Florida 33025 (hereinafter referred to as the "CONSULTANT"). WITNESSETII WIIEREAS. OWNER and CONSULTANT currently have a valid professional sen, ices agreement for the provision of professional sen'ices for the NORTI! COUNTY REGIONAl. WATER TREATMENT PLANT 8 MGD EXPANSION (hereinafter referred to as "PROJECT"), said sen, ices 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 WIIEREAS, CONSULTANT represents that he has the expertise and the type of professional services that will be required for completion of the project. NO\V, 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 Services", 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. ARTICLE THREE 3.1 Thc schedule for said Project, shall be as shown in the revised Schedule C as attached hereto. IN WITNESS WtlEREOF. the parties hereto have executed this Amendment to Professional Services Agreement for the NORTII COUNTY REGIONAL WATER TREATMENT PLANT 8 MGD EXPANSION the day and year first written above. ATTEST: (As to Chairman) .By: /', Dwight E. Brock. Clerk Attest as to Chairman's signature or;ly. ^pproveu as to form and legal Sufficiency: BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY. FLORIDA A POLITICAL SUBDIVISION OF TIlE ....... STATE OF FLORIDA AND AS EX-OFFICIO TIlE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT By: Assistant County Attorney Mctcalf & Eddy, Inc. Witness t Roberto S. Ortiz, Vice President ] (Corporate Seal) 19 16bt November 12, 1998 Mr. Karl Boyer Collier County Government Center Public Works Engineering 3301 E. Tamiami Trail Naples, FL 34112 Subject: North County Regional Water Treatment Facility (NCRWTP) 8 mgd Expansion Engineering Services Agreement - Budget Modifications Dear Mr. Boyer: Metcalf& Eddy has expended significant funds to support tasks beyond the original scope of our agreement. We have attempted to budget our funds to stay within the original contract limits. However, several factors threaten to put our cost over the budget. We are requesting that the existing funds be rebudgeted to cover our increased costs, to avoid delays in response to the urgent needs of this project, and to reduce concerns about out-of-scope work. As you are aware, the construction project for the North County Regional Water Treatment Plant will extend as much as six months beyond the original completion date. Our unit billing rates have not been adjusted since the original agreement in April, 1995. In addition, we have undertaken a series of consultations in support ofthe County that are outside of our scope. In an effort to reduce our administrative costs, and to avoid a contract amendment for time extension and increased expenditures, Metcalf& Eddy is requesting that its engineering services budget be modified without increasing the total alIocation. We propose the following adjustments: Move task A. 10.3 Record Drawings from reimbursable services to Lump Sum Services Move the remaining funds in tasks A.8 and A.9 to this task. Dedicate a lump sum for consultation during construction that will accommodate any additional non-design tasks related to the WTP expansion. We request that a budget of $32,000 be moved from Task A. 10.8 Other Services to Task A.6 Construction Contract Administration for this purpose. This would allow for Metcalf & Eddy, Inc. f]1201 Peacthtree Street, NE OSuite 400 OAtlanta, Georgia 30361 Voice: (404) 881-8010 Fax: (404) 872-316I a~ Mfil~ate of Mr. Karl Boycr ::,' November 12.. 1 o98 Page 2 "' i 1, 0 additional trips Io the .~ife and inve,tlgatitm~ ;n .suppc~r! of related proic~c! lc;sues. Wc will invoice the.~r scrvico~ in eight monthly amounl~ ~f$4,00¢1 .~lin~t in N,vembe~ 19g$. 3. Assign a billin~ rate ()f$12.t per htmr fi..~ick ¢'ooper, I'rojct:t Managc. x. With these modifications, the gchcdulc of tbes would bc tu~ shown in the re. vied Schedule. R. enclosed We would accept thi~ budget modificatMn fi~r all non-de.~ign rel~le.d scwice* through the currtmt project c~)mpledon date of' bm(. 71 ~ocm Please conlact me if you have any que~gtic, n~ .r comments Sincerely, ME'I'CALF & El}DY. INf'.' Nicholas B. Cooper. l' l.: Projec! Ma. nagc~ Cc: Robc~to (blip, I:ilc o 888 [888888888~, 888888888888 · ~ .... ~.~.. ~0~ - ~ ~ Z ~ ~ 0 Z ~ ddddddddd 16811 DOCUMENT NOT RECEIVED IN CLERK'S OFFICE AS OF 11/30/99 MEDICAL EXAMINERs COMMISSION Recommendation For Reappointment District 20 Medical Examiner Dr. Matra U. Coburn 1603 Favorable X Unfavorable If Favorable, please give suggestions for improvement. If Unfavorable, please give reasons for negative response. There is no real suggestion for improvement. Dr. Cobum manages herself and her office iu a yen' professional manner. She works closely with all local law enforcement agencies meeting monthly' with homicide investigators, participating in mrx:k disaster preparedness drills and even volunteering for the County's telephone bank during recent hurricanes. She assisted tile County immeasurably in fl~e design and construction of fl~e County's new Medical Examiner's Facility. I let stuff participates m County-provided training, she attends and participates in regular Count), administrative meetings and she has provided secure computer connections from her off-c:unpus fncilit), to the Count)' to allow for easy information sharing. Her bilingual abilities, quality medical training, and outstanding people skills make her an ideal Medical Examiner for fl~e Collier County area. We would strongly recommend that file Governor not consider any oilier candidates at this time and reappoint Dr. Matra U. Cobum to continue on as file District 20 Medical Examiner. Please Print: ,3arbara B. Berryt Chairman Collier County Boacd of County Commissioners Form Sent To: Chairperson Collier County Commission 3301 East Tamiami Trail Naples, Florida 34112 ATTEST: ' ..' DWIGHT E. BROCK :~ :- Approved as to form and legal sufficiency D~vid C. Weigel, Cou~])y Please Return Form To: Dale H. Heideman Forensic Coordinator Florida Dept. Of Law Enforcement Post Office Box 1489 Tallahassee, FL 32302 Attorney A RESOI.UTION OF TilE BOARD OF COUNTY COMMISSIONERS, COIJ.IER COUNTY, FI.ORIDA, AUTIIORIZING Tile EXECUTION OF IAMITED USE I.ICENSE AGREEMENTS BY TIIE CIIAIRMAN OF TilE BOARD FOR TIlE 1999 CAI.ENDAR YEAR. WIIEREAS, there is a benefit to the County and to the public if the administrative procedures concerning Limited Usc License Agreements arc expedited, while mainlaining the safeguards of staff and legal counsel review of such Agreements: and WIIEREAS, the Boant of County Commissioners recognizes the benefit of reducing lime for Board approval on reviewed and approved Limited Use Liccnsc Agrecmcnls. NOW, TIIEREFORE BE IT RESOioVED BY Tile BOARI) el: COUNTY COMMISSIONERS, COIAA ER COUNTY, FLORIDA that: 1, The Board of County Commissioners does h~'rcby authorize the Chaimmn of the Board of County Commissioners to execute Limited Use Agreements, for those special events listed below, following approval by thc Real Property Management Dcpartmcnl, Ihe Client-Department. the Risk Management Depamncnt and the County Attorney's Office. - Golden Gate Arca Chamber of Commerce. Inc. (Golden Gate Festival and Annual Ar! Show) - Golden Gate Rotary Club (Christmas Tree Safes & Bass Tournament) - The Art League of Marco Island, Inc. (Art and Craft. Shows) - Supervisor of Elections of Collier County, Florida (Voter Access) - Golden Gate Fraternal Order of Eagles (Annual Taste of Golden Gate) - Amateur Radio Association of Southwest Florida (Field Day Activilics) - East Naples CMc Association (Manatee Festival) - David Lawrence Mental l tcaltb Ccntcr, Inc. (Annual Fun Skate) - Cool Cruisers of Naples, Inc. (Scholarship Fund Raiser) - Octagon Sequence of Eight, Inc. (Arts and Crafts Show) 2. The authorization of the Chaimmn to execute Limited Usc l.iccnse Agrccmcnls hereunder shall extend only for thc 1999 calendar year. This Resolution adopted this ~ day o f,_~::~__, I999. after motion, sccond and majority vote. 'ATTEST DWIGI[T E. BROCK, Clerk /[ttest as to Cha)r~an's signature onb'. Approved as to form and legal sufficiency: , 1 leidi F. Ashlon Assistant Cotmty Attorney BOARD OF COUNTY COMMISSIONERS COI.LIER COUNTY, FLOP, IDA BY:'~~Chainnan RESOLUTION NO. 9% 56 A RESOLUTION OF 'Fl IE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA, PROVIDING FOR TI IE ACCEI'TANCE OF ALL CONVEYANCES MADE TO COLLIER COUNTY, A POI. FFICAL SUBDIVISION OF TIlE STATE OF FLORIDA, AND ALL CONVL:YANCES MADE TO TIlE COLLIER COUNTY WATER-SEWER DISTRICT, Wl I ICII ARE IIEREAFTER MADE IN COMPLIANCE WITH TIlE DEVELOPMENT COMMITMENT REQUIREMENTS OF ANY AND ALI. ORI)INANCI:.S AND AGREEMENTS OR AS AN INTEGRAL PART OF CAPITAL IMPROVEMENT PROJECTS. WI IEREAS, Ibc Board of County Commissioncrs is tile governing body of Collier County, a political subdivision of the State of Florida, and ill addition is ex-officio Ibc Governing Board oflbe Collier County Water-Sewer District (hereinafter collectively referred to as "Collier County"); and WtlEREAS. various interests in real property must be conveyed to Collier County for public use as a requirement of certain development commitments stipulated by Collier Coonty ordinances, in fi, lfilhncnt of obligations which may now or in the fi,lure be contained in agreements between Collier Cotmty and any legal entity, and as an integral part of capital improvement projects; and WI IEREAS. the fonnal acceptance by Collier County of such required conveyances is important in that infrastructure maintenance responsibilities are thereby established, and tim pt,blic right to utili×c rights-of-way becomes documented through such acccplance; and WItEREAS, the growth of thc County necessitates an increasing number of such conveyances year after year; and WIIEREAS, the number ofconvcyanccs bas caused County staffto bring an increasing number of separate "acceptances" before thc Board o£County Commissioners via Executive Summary and Resolution; and WIIEREAS, it is desirable and in thc best interest of Collier County to reduce the staff time and papcr, vork which is generated by the formalized acceptance process. NOW, TI IEREFORE, BE IT RESOLVED that all interests in real property which may be conveyed either to Collier County, a political subdivision of the Stale of Florida, or to the Board of County Commissioners as the governing body of Collier County, Florida, and as ex-officio the Governing Board of the Collier County Water-Sewer District, and which arc conveyed to either entity as a do.'clopmcnl commitment requirement pursuant to any Counly ordinance, or in fulfillment of any obligation which may now or in the future be contained in any agreement between Collier County and any other legal entity, or which are required as an indispensable fimction during thc completion ora capital project which has I)ccn approved by thc Board of County Commissioners, are hereby acccplcd. AND IT IS FURTI IER RESOLVED thal in order to document the acceptance of any such conveyance of an interest irt real property to Collier County, tile Clerk Io thc Board is hereby authorized to affix to any such conveyance instrument, prior to recording in tile Public Records of Collier County, Florida. a stamp or seal atlcsling to acceptance on behalf of Collier County. The Real Property Management Director, or her designee, shall provide writtcr~ notification to tile Clerk of Court that tile conveyance was required by lite Board of County Commissioners in fulfillment of an obligation on behalf of thc conveying entity or to complete project as approved. AND IT IS FURTtlER RESOLVED that lite calendar year 1999 Clmimmn of thc Board of County Commissioners, or any subsequent Chairman. is hereby authorized to execute ;ill documents pertinent Io the acceptance of any such conveyance or tile clcaring of tile lien of any encumbrance from ally such conveyance. AND IT IS FURTttER RESOLVED that staffis authorized to follow proper real cslate closing procedures and record all such documents in tile Public Records of Collier County, Florida. Tills RESOLUTION ADOPTED on this/R~:_ day of~. 1999 after motion, second and majority vole. ATTEST: DWIGItT E. BROCK, CLERK ~Clerk Attest as to ChaSrman'$ signature only. Approved as to form and Icga} sufficiency, , lteidi F. Ashlon Assistant County Attorney BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By:~ 1 603 RESOLUTION NO. 99- .57 A RESOLUTION OF TIlE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, RELATING TO TIlE ACQUISITION OF PROPERTIES, DELEGA'FING AUTItORI'FY TO TIlE CALENDAR YEAR 1999 CIIAIRMAN OF 'File BOARD OF COUNTY COMMISSIONERS TO EXECUTE CERTAIN DOCUMENTS INCIDENT TO PROPERTIES ACQUISITION ON BEtlALF OF TIlE BOARD, AUTIIORIZING STAFF TO PROCEED WITtl CERTAIN ACTIVITIES REQUIRED TO EXPEDITE SAID I'ROI'ERTY ACQUISITION, AND WAIVING CERTAIN PROCEDURAL REQUIREMENTS IN ACCORDANCE WITtl TIlE CAPITAL IM PROVEM ENT EI.EM ENT OF TI 1E COUNTY'S GROWTtl MANAGEMENT PLAN. WI IEREAS. the cxpcditious acquisition of property is of paramount importance to the timely completion of many capital improvement projects, and attaining infrastructure goals in accordance with the Capit.'d Impn)vcment Element of the County's Growth Management Planl and WI tEREAS, accomplishing thc property acquisition and construction on or ahead of schedule shall require a properly coordinatcd team effort among the individual dcpartmeuls :md agencies charged with overall responsibility for the projects, Ibc Public \Vorks F. nginccring Department, thc Real l'roperly Nk, nagemcnt Department, Ibc Office of the County Atlomey, and Ibc Board of County Commissioners. wherein certain routine processes rcqt, irc streamlining and abbreviation wherever possible. NOW, TI IERF. FORE. Ill'] IT RESOLVF. D BY TI tE BOARD OF COUNTY COMMIS- SIONERS OF COLLIER COUNTY, FI.ORIDA, that tile Board of County Commissioners of Collier County, Florida. recognizes the importance of completing tile various capital improvements projects at the earliest possible time; and Further. thc Board recognizes the relationship of the project schedule lo meeting the concurrency requirements of Collier County's Comprehensive Plan. AND IT IS FURTI IER RESOLVED that the Board of County Commissioners of Collier County, Florida, recognizes the importance of the land rights acquisition function and its rclalionship to Ibc overall project scbcdulc: and Ibc Board desires to facilitate and expedite tile land rights acqt, isition process to thc cxtent that il is empov,'crcd to do so by law. AND IT IS FUP, TI IF.R RESOL\.'ED tlmt the following measures arc reasonably necessaD' for Ibc efficient and cxpcdilious management and completion of capital projects: 1. Thc Board of County Commissioners, in accordance with the provisions of Chapter 125.355, Florida Statutes, hereby formally waives tile rcquiremcnt for a formal, independent appraisal report for thc purchase o f a property where the purchase price of the parcel (the compensation due to Ibc property owner) is less than One thmdred Thousand and 00/I O0 Doll:irs t$100,O00.O0). In lieu of' thc independent appraisal rcport, staff is hcrcby authorized to make purchase o frets for the properties, the dollar amounts of which shall be predicated on "staff compensation estimates", i.e., based upon independent appraisals (and the data therefrom) oblaincd on similar properties and upon consideration and application of appropriate market Value and cost dale pertinent to tile subject parcels.. 2. The Chairman of tile Board of County Commissioners is hereby authorizcd to cxccute Appraisal Agreements on behalf of thc Board with appraisal finn(s) from the pre-qualified short-list which, based upon the analysis and recommendation of staff, is (are) best able to serve tile needs of the project in a timely and cost-effective manner. 3. Upon tile approval by the County Attorney's Office ofall documents necessary for tile subject property acquisitiou, Real l'ropcrty Management Department staff is hereby encouraged to offer immediate delivery to tile respective property owners of the full compensation (as established by the appraisal or staff compensation estimates in accordance with the provisions of Chapter 125.355, Florida Statutes), in return for the immediate and proper execution of the respective casements and/or deeds, and such other legal documents and/or affidavits as the County Attorney's Office deems appropriate in order to protect thc interests of the County; and thc Board of County Commissioners hereby authorizes its Chairman and any subsequent Chairman, for the life of the project, to execute any and all agreements and other legal instruments pertinent to such property acquisition which have been reviewed and approved by the County Attorney's Office. 4. In those instances where negotiated settlements may be obtained ,,,ia thc "Purchase Agreement" or "Easement Agreement" mechanism, the Public Works Administrator, or his designee, is hereby delegated tile authority to approve thc purchase of land interests above tile staff compensation estimate or appraised value and pay normally related costs when it is in tile best interest of ibc project, xvithin thc pro-rata share of the land rights acquisition budget for Ibc parcel being acquired, only when tbe difference between tbc purchase price and thc staffcompcnsation estimate or appraised value is less than Fifteen Thousand and 00/100 Dollars ($15,000.00) or the current purcbasing limits established by the Collier County Purchasing Department; provided, Project fimding is available. This settlement approval authority is delegated by the Board of County Commissioners to the extent that such approvals do not conflict with lhe provisions of Section 125.355, Florida Statutes. 5. Thc Chairman of the Board of County Commissioners is hereby authorized to execute Purchase Agreements and Easement Agreements where tile land owner has agreed to sell the required land rights to thc County at their appraised value or at that amount considered tho "Administrative Settlement Amount" as such teml is internally used by the administrative agencies of Collier County. :~ ' 6. Where the properly owner agrees, by sworn affidavit or agreement ("Purchase Agreement" or "Easement Agreement"), to convey a necessary interest in real property to the County, and upon tile proper execution by the properly owner of those casements and/or deeds, and such other legal documents as thc Office of thc County Attorney may have required, the Board hereby authorizes 1) tile County Attorney, or his designee, the authority to execute a closing statement on behalf of the Board, and 2) the Finance Department tile authority to issue warrants payable to the property owner(s) of record in those amounts as shall bc specified on a closing stalcmcnt and which shall be based upon tile appraisal or staffcompensation estimate in accordance with tim provisions of Chapter 125.355, Florida Statutes. 7. All title to properties which have been obtained in tile manner described above shall be deemed "accepted" by tile Board of County Commissioners, as tile governing body of Collier County, Florida, a political subdivision oflhe State of Florida, and as such, staffis hereby authorized to record it in thc public records of Collier County, Florida, said deeds and such other instruments as may be required to remove the lien of any encumbrance from tile acquired properly. THIS RESOLUTION ADOPTED this/a~day of majority vote. · i ATTEST: ~. 57 DWIGHT E. BROCK, CLERK · / ' - ,'Deputy Clerk Attest as to Chairman's signature only. Approved as to form and legal sufficiency: Heidi F. Ashton Assistant County Attorney By: · 1999 after motion, second and BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA RESOLUTION NO. 99- 58 A RESOLUTION OF THE BOARD OF coUNTy COMMISSIONERS OF COLLIER COUNTY, FLORIDA DECLARING THAT A FEE SIMPLE INTEREST IN REAL PROPERTY IS TIIE PREFERRED INTEREST SOUGHT FOR TtlE ACQUISITION OF RIGttT-OF-WAY FOR TRANSPORTATION CAPITAL IMPROVEMENT PROJECTS, AND SETTING FORTtI TIlE RATIONALE THEREFORE. WItEREAS, tim construction of transportation improvements, as identified in the Transportation Element of the Comprehensive Plan for Collier County, shall in many instances require thc acquisition ora right-of-way by either gift, purchase or condemnation; and WI [EREAS, the right-of-way for transportation improvements may be purchased or condemned either as an casement over, under, upon and across the land; or thc fee simple interest in the land i tscl f may be purchased or condemned; and WHEREAS, full compensation, as required by the Constitution of the State of Florida, for the easement rights purchased or condenmed for transportation improvements is tantamount to the full compensation reqt, ired for the purchase or condemnation of the fee simple estate in property (between 90% and 100% of the fair market value of the lands so appropriated, depending upon thc property's zoning and thc appraiser's judgment); and WIIEREAS, the purchase or condemnation of the full fee simple estate in lands required for near term transportation improvements provides the County with a degree of control over the right-of-way which is superior to the control afforded by an casement only, and which, in many instances, may produce cost savings on future public works improvement projects by gaining the maximum flexibility over the uses permitted in the right-of-way so acquired. NOW T[tEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMM ISSIONERSOF COLLIER COUNTY. FLORIDA that in consideration of long range planning and present day costs for transportation improvement projects, and in the interest of exercising the maximum degree of control over the public road right-of-way which may allow the County to realize substantial savings by locating future public works projects within the acquired area, County staff is hereby directed to purchase or condemn a transportation road right-of-way in fee simple as the preferred method of exercising maximum control over the right-of-way in order Io construct any anticipated capital improvement projects. AND IT IS FURTHER RESOLVED that in those instances in which the purchase ora full fee simple estate cannot be negotiated by County siaff, and the cosls associated with a : condemnation of the fidl fee simple estate may outweigh the future benefits contemplated by full County ownership of the right-of-way, and when the owner of the property is willing to convey a perpetual, non-exclusive, road right-of-way easement over, under, upon and across the property in compliance with the requirements of thc transportation improvements, along with the right to construct and install subordinate utility and drainage improvements, together with access and temporary construction easements, County staff is directed to negotiate a reasonable settlement for the purchase of said "non-exclusive" easement, subject to Board approval, in lieu of proceeding with an action in eminent domain against the subject property. AND IT IS FURTItER RESOLVED that, notwithstanding the future benefits to be derived by the County arising from a fcc simple acquisition of the public right-of-way, there exists those circumstances where the severance damages to remaining lands, as a result of the taking ofthe fee simple estate for the Iransporlation project, is ofsuch an extent as to warrant the purchase or condenmation ora lesser estate in the form of an easement interest in order to mitigate or eliminate such damages; and in such instances County staffis hereby directed to undertake such analyses of future benefits vs. current costs as are relevant to the dctemfination as to the specific interest in real property the County should acquire for the instant project, and County staff may make such purchase offers, or prepare such pleadings in eminent domain, as may be necessary to mitigate or eliminate severance damages, and reduce total project cost. TttlS RESOLUTION ADOPTED this/_q~.~day of~l~2=~, 1999, after motion, second and majority vote. ATTEST: DWIGHT E. BROCK, CLERK ~ttest as to Cha~rr~an's signature onb'. Approvcd for form and i: i ,~:~ i~ :i: legal sufficiency ~'~ :- Hcidi a. Ashton '.,i Assistant County Attorney BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: ~rman RESOLUTION N~. 90-5~''r A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER, COUNTY, FLORIDA, AUTHORIZING THE EXECUTION OF DEEDS AND AGREEMENTS FOR THE LAKE TRAFFORD MEMORIAL GARDENS CEMETERY, BY THE CHAIRMAN OF THE BOARD FOR THE 1999 CALENDAR YEAR. WHEREAS, Collier County acquired a twenty (20) acre site by Warranty Deed dated December 15, 1964 from J.C. Turner Lumber Company and recorded in the Public Records of Collier County in O.R. Book 180, Page 773 on December 21, 1964, for use as a public cemetery known as the Lake Trafford Memorial Gardens Cemetery; and WHEREAS. the Board of County Commissioners adopted Resolution No. 82-105 on July 27, 1982, which governs the rights of interment, administration, maintenance and development of the Lake Trafford Memorial Gardens Cemetery, said policy including the disposition of indigent deceased; and WHEREAS, the Board of County Commissioners adopted Resolution 87-224 on September 22, 1987, which revises Resolulion No. 82-105 regarding the operation of the cemetery; and WHEREAS, the Board of County commissioners adopled Resolution No. 90-214 on April 17, 1990, which reserves a section in Ihe Velerans Section for the purpose of providing a memorial; and WHEREAS, the Board adopted Resolution No. 90-242 on May 1, 1990, which revises the rules and regulations which govern the administration and development of the cemetery; and WHEREAS, Ihere is a benefit lo Ihe County and to the public if the administrative procedures concerning Deeds and Agreements for Deed to Right of Interment for the Lake Trafford Memorial Gardens Cemetery are expedited, while maintaining the safeguards of staff and legal counsel review of such documents; and WHEREAS, the Board of County Commissioners recognizes the benefit of reducing time for Board approval on reviewed and approved Deeds and Agreemenls for Deed to Right of Intermenl. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA that: 1. The Board of County Commissioners does hereby authorize the Chairman of the Board of County Commissioners to execute Deeds and Agreements for Deed to Right of Interment for the Lake Trafford Memorial Gardens Cemetery, pursuant to Resolution No. 90-242 dated May 1, 1990, and the County"s adminislration of that Resolution, whereupon the Deeds and Agreements for Deed to Right of Interment have been previously reviewed and approved by the Real Properly Management Department and the County Altorney"s Office. 2. The aulhorizalion of the Chairman to execute the Deeds and Agreements for Deed to Right of Interment for the Lake Trafford Memorial Gardens Cemetery hereunder shall extend solely for lhe 1999 calendar year. ; This Resolution adopted Ihis _~__~day of ~ 1999, after motion, second and · majority vote. ATI'EST: DWIG'HT E, BROCK..cCJer. k ~v , Deputy Clerk Attest as to Chairman's . signature onlj. BOAR.~ OF COUNTY COMMISSIONERS COLt m-'~ COUNTY, FLORq'r~A / ~.>.- BY:~ Approved as to form and legal sufficiency: ~ Fl(~idi F. Ashton Assistant County Attorney 16010: RESOI. UTION NO. 9% 60 A RESOI.UTION OF TIlE BOARD OF COUN'I'Y COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AUTI IORIZING TI IE F. XECUTION OF TI IE REAL ES'I'ATI'; SALES AGREEMENTS AND STATUTORY FOR TIlE G.A.C.I.AND TRUST PROPERTY BY TIlE CI IAIRMAN OF TIlE BOARD FOR TIlE 1999 CALENDAR YEAR. \Vt lEREAS, Collier ('ounly. Florida cntcrcd inlo an agrccmcnt with Avatar l~ropcrtics Inc. on Novcmbcr 15. 1983 to acccpl :,s Tmstcc I.O61.5 acres of real i~ropcrty in Golden Gate Eslales for thc purpose of sale to lite public; and WI IEREAS. Collier County. Florida acccpted the acreage in phases: Phase I on Novcmbcr 15. 1983, Phase II :md 111 on FcbruaD' 16. 1988 and ['hasc IX' :md V on June 13, 1989; such conveyances have been recorded in the Public Records of Collier County. Vlorida; and WI IEP. F_.AS. on April 5. 1988. and Marclt 10, 1998, thc Board of ('ounty Commissioners approved thc marketing procedures for the sale of thc Golden Gate Estates properly conveyed by Avatar Properties Inc. Thereupon lite Real Properly Management Dcparlmcnt has been actively marketing thc property (Phases I through V) for sale to the general public; and WItEREAS, there is a benefit to the County and to the public iflhc administrative procedures concerning the Real Estate Sales Agreement documents and Statutory Deeds arc expedited, while maintaining the safeguards ofstaffand legal counsel review of such documents; and WIIEREAS, the Board of County Commissioncrs rccognizcs thc benefit of reducing time for Board approvals and thc subsequent closing process on reviewed and approved Real Est;gte Sales Agreements and Statutory Deeds. NOW, TI IEREFORE BE IT RESOLVED BY TI IE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, lhat I. Thc Board of County Commissioners does hereby authorize thc Chairmau oF thc Board o£ County Commissioners to execute Real Estate Sales Agreements and Statuto~ Deeds resulting from thc Agreement dated November 15, 1983 and thc County's adminislration of such Agreement, whereupon Ibc Real Estate Sales Agreements and Statulory Deeds have been previously approved by Ibc Real Properly Managcmcnt Dcparhncnl. Iht I:immcc l)clmrlmcnt the County Altorncy. 2. Thc authorization ofthe Chairman to execute P. eal Estate Sales Agrccmcms and Statutory Deeds hereunder shall extend solely for thc 1999 calendar year. : This Resolution adopted tbis,/_,~, xfir. day of ..(~.e~, 1999, after motion. second and majority vote. ATTEST: DWIGIIT E. BP, OCK, Clerk , Deputy Clerk ~test as to signature onlj~. Approved as to form and legal sufficiency: He[di F. Ashton Assistant Counly Atlomcy BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA AMENDMENT TO AGREEMENT OF SEPTEMBER 22, 1998 BETWEEN COLLIER COUNTY FLORIDA AND CROWN BROADCAST AMENDMENT #I This amendment, dated Q¢.,,,./~, , 199~'to the referenced agreement shall be by and between the parties to tl'('e original agreement, Crown Broadcast, a division of Crown International (to be referred to as "the Seller") and Collier County, Florida, (to be referred to as "the Buyer"). : The Agreement of September 22, 1998 is hereby amended to read as set forth. Additions to existing language are shown in italics. Deletions to existing language are shown as ............. ~,,. 10. The Buyer shall pay the Seller in accordance with the price quotation of September 6, 1998, attached and made part of this amendment and agreement. The transmitter price listed therein is firm. Unit prices for optional components and installation services shall be based upon firm unit prices and estimated quantities as itemized in the quotation. 11. Payment terms shall be qno/_ ,,,,~ ,.,,,4,,,. ~no/_ .,, ,;,.,,., ,.,~ ~ ..... ;++"'" '"k;pmo"'* 3nd .~no/ net 30 days *f¢,~-' "~'; .... ' --¢ ' ..... ;'"'" receipt ora proper invoice and installation and acceptance of the work for each of the following stages: a. Optional Components and Installation Services for the interim transmitter unit. b. Dual Transmitter unit and related travel services (the latter of which shall not exceed $2,000). c. The total of the payments under this agreement shall not exceed $63.505.29 without the prior approval of the Buyer. 12. The Seller shall furnish to the Buyer Certificates of Insurance c,nd Pcrf, crm3ncc n,.,,,.,,.+,.,.,,-,,,, c.,;~ ,4 ....... + .... ;' ~' ...... ;'~"'~ not later than Friday, September 25 1998. All other terms and conditions of the Agreement of September 22, 1998 shall remain in force. Page 1 of 2 IN WITNESS WHEREOF, the Buyer and the Seller, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. BUYER: ATTEST: Dwight E. Brock, Clerk of Courts .By: '~.~~,~ ~- Dated: (SEAL~ Attest I~ to Chairman's s!gnature onl.v. SELLER: , ~ /~ / .' //, ' l ',//,./i? ( /'/.~; ,, ,., First Witness Prin't/t~pe Witness/~ame ~econ-d Witn(~sst- BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Ba-"~'ra I~: B'~rry, C'hairma~-"'""~ CROWN BROADCAST (~ignature) - (Printed Name and Title) Date: Print/type Witness Name CORPORATE SEAL (corporations only) Approved as to form and legal sufficiency: County Attorney Page 2 of 2 12/28/98 FOR BOARD ACTION: BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE JANUARY 12, 1999 MISCELLANEOUS ITEMS TO FILE FOR RECORD WITll 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: November 30 - December 4, 1998 December 7 - 11, 1998 December 14- 18, 1998 Districts: The Big Cypress Basin Board ofthe South Florida Water Management District - Agenda of December 3, 1998 and minutes of October 30, 1998 meeting Bo Key Ivlarco Community Development District - Minutes of meetings held on August 20, 1998 and November 3, 1998 Co Pelican Marsh Community Development District - Schedule of meetings for fiscal )'ear 1998-1999 and District map for 1998-1999 Port of the Islands Community Improvement District - blinutes of meetings held on August 6, 1998 and November 3, 1998; audit for 1997, budget for 1998: and description of outstanding bonds Minutes: A. Collier Count.,,' Airport Authority - Agenda of December 14, 1998 and minutes of November 16, 1998 meeting B. Historic and Archaeological Preservation Board - Minutes of November 13. 1998 meeting C. Immokalee Beautification Advisory Committee - Agenda of December 16, 1998 and minutes of November 18, 1998 meeting Do lmmokalee Enterprise Zone Development Agency - Minutes of August 13, 1998 meeting AGEND//( J~I;EM No. JAN 1 2 1999 pg. E. Parks and Recreation Advisory Board -Agenda of November 18, 1998, minutes o£ October 27, 1998 meeting, Recreation Section Monthly Report for September 1998, and Adopt-A-Park Report · F. Pelicfin Bay MSTBU Advisory Committee- Agenda of December 2, 1998. minutes .... of November 4, 1998 meeting G. Radio Road Beautification Advisory Committee - Agenda ofJanua~ 11. 1999 and minutes otrNovember 9, 1998 meeting AG E N ~) ~ ,I~T')EM ~ No. /(o(.'7, ' JAN 12 1~99 pg. .~- Date: To: From: 12 '07/1998 Sue Filson Administrative Assistant,q3CC ~ Robert W. Byme. CMA`.';:`.`? ~ General Operations Manager/Clerk's Finance Deparm~ent RE: Board of County Commissioners Disbursements ['lease find enclosed the disbursements for fire Board of County Commissioners for the period November 30 through December 4. I998. In accordance with Florida Statutes, Chapter 136.06(!), we would request that fimse reports be included as miscellaneous correspondence to the Board of County Commissioners ami made par~ .f the record. It' you have any questions regarding this matter, please telephone mc at 774-8481. Thank you for your cooperalion. RWB Attachments BCC VEN'. :OR MA; :%'AL WARRANT LOG 16G 111111 DATE NAME 11130/98 Ameri:,:Ie & Higgins 12/1/9£ First U:fion Bank 12/219£ Cobb. Cole & Bell 12/3/9E TRG l':~ples Ltd. 1213/9£ Bera;d Savage Trust 12/4198 Courtyard by Marriott 12.'419~ t,.letrrt ch Corp. ' 12/4/98 Robi::t ~n & Cole LLP AMOUNT 2,500.00 18.676,13 15.381.50 433,981.00 8.709.63 59.00 100.00 14,015,00 472678 472679 473250 473251 473252 473253 473254 473255 Housing Assistance Workers Comp Legal Fees Livingston Road RoO-W Land Purchase Hotel Registration Legal Fees BCC PAYi-",OLL MAI,:UAL WARRANT LOG 11130198 Mary L;:e Layne 12/3/98 Terry Long AMOUNT 547.62 594.09 C~ECK # 196759 196760 Vacation Replacement memorandum Date: 12/15/1998 To: From: Suc Filson Administrative Assistanl. BCC Robert W. Byrne, CMA ~ General Operations Manager/Clerk's Finance Department RE: Board of County Commissioners Disbursements I'leasc lind enclosed Iht disbursements for the Board of County Commissioners for the period December 7 through December 1 I, 1998. In accordance with Florida Statutes, Chapter 136.06(I), we would request that these reports be included as miscellaneous correspondence to the Board of County Commissioners and made part of the record. Ifyou have any questions regarding this matter, please telephone me at 774.8481. 'llmnk you for yot,r cooperation. RWB AltaehlllelllS BCC VENDOR MANUAL WARRANT LOG 12/9/98 Collier County Tax Collector 12/11/98 Florida I.S.A. 12/11/98 Klusza & Assoc 12/11/98 Guymann Construction 12/11/98 Naples Chamber of Commerce 56,982.00 500.00 7,050.00 175,056.80 55,688.67 473782 473783 473784 473785 473786 Solid Waste Fees Softball Tournament Appraisal Services Riviera Colony Advertising BCC PAYROLL MANUAL WARRANT LOG DATE NAME AM_QU N T 12/9/98 Kimberly Thomas 519.90 12/10/98 Marc Frazzano 109.39 12/10/98 Desirae Willard 784.28 CJdECK # 197390 197391 197392 BEAS_O__bl Regular Time Sick Bank Regular Time Date: 12/21/1998 RECEIVED DEC 21 998 i~oard of Count~ ¢o~lsstoners To: From: Sue Filson Administrative Assistantq3CC Robert ~V. Byrne, CMA (~ General Operations Managc'r,'Clerk's Finance Deparm~ent RE: Board o£County Commissioners Disbursements Please find enclosed the disbursements for the Board of County Commissioners for the pcriod December 14 through December 18, 1998. In accordance with Florida Slatutes, Chapter 136.06(1), we would request that these reports be included as miscellaneous correspondence Io the Board of County Commissioners and made part of the record. If you have an5' questions regarding Ibis matter, please telephone me at 774-8481. Thank yot, for your cooperation. RWB Attachments BCC PAYROLL MANUAL WARRANT LOG DATE NAME AMOUNT 12/16/98 William Kornek 330.41 12/16/98 William Kornek 263.79 12/16/98 Aida Calderon 291.39 12/16/98 Roberta Stone 17.37 197393 197394 197395 197396 Direct Deposit Direct Deposit Replacement Insurance Refund BCC VENDOR MANUAL WARRANT LOG DATE biAN[E 12/15198 First Union Bank 12/16/98 Commercial Land 12/16/98 Steve Clapper 12/17/98 Hiller Group 12/17/98 Fleetwood Title & Asen¢ion AMO~UblI 281,251.62 16,839.00 16,515.03 35,245.82 2,500.00 CJ:iECE~ 473787 474351 474352 474353 474354 Group Health Golden Gate Parkway Imperial West Aviation Gas Housing Assistance 16L l South r EO VE Florida Water Management I)~stnct Big C.~T, re~s Basin · t,O.q9 Janes Lane' Naples. l"l. 34109' (941)~597-1~ ]~8 I:.ix (941 ) 597-49S7 ' Suncom 721-7920 Board of Countj C~Iss~0ners THE BIG CYPRESS BASIN BOARD OF THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT MEETING AGENDA 9:00 A.M. Thursday, l)ecember 3, 1998 Mary Ellen llawkins Building 6089 .lanes l,ane, Naples, Florida This Meeting is Open to the Public. REGULAR BUSINESS MEETING CAI,I, TO ORDER A. Invocation B. Pledge of Allegiance to tim Flag of'the United States of America C. D. AGENDA REVIEW A. Additions, Deletions, Substitutions to Agenda B. Approval of'Agenda C Abstentions Carter Constanttr~ Mac'Kte Berr~ Presentation: 10 Year Service Award for Hans Meier, Vegetation Management Technician Approval of Minutes of Big Cypress Basin Board Meeting of October 30, 1998 NEW BUSINESS Copies To: Southern Golden Gate Estates Land Acquisition Quarterly Report by Florida Department of Environmental Protection Consideration to authorize an amendment to Contract No. C-3133 with Florida Department of Enviromnental Protection for continuing land acquisition in Southern Golden Gate Estates CARL Project in the amount of $70,000 and to extend the tem~ by one year, for which funds are budgeted. (Contract No. C-3133-A07) Consideration to authorize the Big Cypress Basin to become the local sponsor of the Critical Restoration Project knovm as Lake Trafford Alan K,,re,r - N.qqc~, Fred N. '['h,m,.~.Jr. - hnm,~k.dce I]lm( h,,ctt - N.q,les ¢;arretl S. Richwr - Naplcq Samuel 1'2 l',,.,Ic I11, l':xc~u*~i~e I)irc~t,,r Clarcme S. 'l'car,~.Jr., l)irccr,,r. Big C.u,rt.,~, Ba~,n l)istric~ t Icadqt,aners · 3301 Gun Club Road, ILO. Box 24680, West P;dm Beach. FI, 33416-4680 · (561) 686-8800, I:L WATS 1-800-432-2045 Big Cypress Basin Board Meeting Agenda December 3, ! 998 Page 2 Consideration to authorize an amendment to Contract C-8702 with U. S. Department of Agriculture-Natural Resources Conservation Service (USDA-NRCS) for data collection for Southern Golden Gate Estates and to extend the term by six months (Contract No. C-8702- A02) Consideration to authorize entering into an agreement with Florida Department of Environmental Protection - Rookery Bay National Estuarine Research Reserve (DEP- RBNERR) for continuous water quality monitoring at the receiving waters of' Faka Union Canal (Contract No. C- 10766) OTIIER BUSINESS 6. Big Cypress Basin Board Meeting Schedule S, taff Reports A. Disbursements B. Contract Account Report C. Financial Reports D. Hydrologic Report E. StaffActivity Report PUBLIC COMMENT Anyone wishing to discuss matters of interest which are not on the agenda Mtould complete a .v)eaker card arm submil it to the Big Cypress Basin Representative prior to the start of Puhlic Comment. Any material for Boctrd cotz,ideration must be mtbmitted to the Big Cypress tgasin Administration Office at least 48 hcmrs in advance of scheduled meeting. BOARD COMMENT RETREAT 1. Lower West Coast Water Supply Plan 2. Big Cypress Basin Watershed Plan ADJOURNMENT Big Cypress Basin Board Meeting Agend~ December 3, i Board : , scheduled for Thursday, January 28, at the Big Cypress Basin, Mary Ellen Htovkins Building, 6089 Janes Lane, Naples, PIease note that if' a person decides to appeal any decision made by the Board with respect to any · matter considered at the above cited meeting or hearing, it will be necessary to provide a record of the ~,, proceedings, and for such purpose, will need to ensure that a Verbatim record of' the proceedings is :ii'made by a certified court rePorter. Persons with disabilities who need assistance may contact Joyce ~:Amaral, (94D 597-1505, at least forty4ght (48) hours before the meeting to make appropriate .:,~2 arrangements. ,, If you are hearing or speech tmpmred, please contact the B~g Cypress Basra by calhng ::~(561) 697-25')4." Those persons who desire more information, or those wishing to submit written or :ii?:physi'cai'evidence may contact Joyce Amaral, Big Cypress Basin, 6089 Janes Lane, Naples, Florida 597-1505. SUBJECT TO BOARD APPROVAL MINUTES OF A REGULAR MEETING OF TIlE BIG CYPRESS BASIN BOARD OF THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT COLLIER COUNTY GOVERNMENT CENTER :'~ ~ NAPLES, FLORIDA October 30, 1998 The folIowlng Board Members were present: Claudia Davenport, Vice Chairman Ellin Goetz, Secretary Garrett Richter, Member Alan Korest, Member Fred N. Thomas, .Ir., Member Clarence S. Tears, Jr., Director, Big Cypress Basin CALL TO ORDER The Big Cypress Basin Board meeting was called to order at 9:04 a.m. by Vice Chairman Davenport followed by the Invocation and Pledge of Allegiance to the Flag of the United States of America. ApprovalofMinutes ,:/ ~: On motion by Mr. Thomas, seconded by Mr. Korest, the Board approved the minutes for the September 8, 1998 meeting. Additions, Deletions, Substitutions to the Agenda There were no changes to lhe agenda. Abstentions There were no abstentions. 1. Gulfview Middle School Science Project Grant Request Mr. Parlier, Gulfview Middle School teacher and several of his students presented the Board with an overview oftheir science project. One of the students said their goal is to test pollutants in the soil by processing percolation along the high and low tides of Naples Bay, and to also test bottom muck in Naples Bay for pollutants. Big Cypress Basin Board Minutes October 30, 1998 Page 2 On motion by Mr. Thomas, seconded by Mr. Korest, the Board unanimously approved a grant in the amount of $1,500 for the Gulfview Middle School Science Project. Presentation on the Environmental Impact Statement for Southwest Florida by the Corps of Engineers Mr. John Hall, Chief of Regulatory Division, Department of the Arm,,,. Jacksonville District Corps of Engineers provided the Board with an overview on tt~e Southwest Florida Environmental Impact Statement. The Board thanked Mr. lt'all for an informative report. 3. Collier County Education Foundation 1998 Outstanding Partners it] Education Mr. Tears said the Big Cypress Basin was presented with an award at the 1998 Outstanding Partners in Education Third Annual Recognition luncheon, which was held in September, for being an outstanding partner in education. Mr. Tears showed the Board a video that had been shown at the luncheon. He thanked the Board members for their support of environmental education programs. 4. Authorization to Enter into a Contract with Zep Construction, Inc. for Construction of the Cocohatchee Canal Structure No. 3, Contract No. C-8024 Mr. Alex Garcia, Senior Engineer, Construction and Land Management Department gave a brief overview of the project. On motion by Ms. Goetz, seconded by Mr. Thomas, the Board authorized staff to enter into a contract with Zep Construction, Inc., for construction of Cocohatchee Canal Structure No. 3 in the amount of $798,000, of which $48,000 is unbudgeted, and authorized a budget transfer from the Cocohatchee Canal Phase IV Improvements Project to the Cocohatchee Canal Structure No. 3 Project. 5. Authorization to Enter into a Contract with Gilbert Southern Corporation for Cocohatchee Phase III-B Excavation, Contract No. C-9022 On motion by Mr. Thomas, seconded by Ms. Goetz, the Board authorized staff to enter into a contract with Gilbert Southern Corporation for construction of the Cocohatchee Canal Excavation Phase III-B in the amount of $1,017,000, of which $92,000 is unbudgeted, and authorized a budget transfer from the Cocohatchee Canal Big Cypress Basin Board Minutes October 30, 1998 Page 3 Phase IV Improvements Project to the Cocohatchee Canal Phase III-B Excavation Project. 6. Overview of Adopted FY 99 Big Cypress Basin Budget Mr. Tears provided the Board with a copy of the adopted FY 99 budget. In addition he provided a copy of a budget allocation breakdown based on statutory requirements as cited in Chapter 373.0695, Florida Statutes. 7. Big Cypress Basin Melanie the Manatee Writing Contest Ms. Barbara Kerby, GovernmenffPublic Affairs Associate, gave a brief overview of the proposed Melanie the Manatee Writing Contest for four grade levels in the Collier County Public Schools. A review panel consisting ora Basin Board Member, Basin Staff' and educational professionals will select the winners. Ms. Goetz volunteered to be on the panel~ Cash prizes will be given to the contest winners of each ofthe five categories for a total amount of $1,750. On motion by Mr. Richter, seconded by Mr. Korest, the Board approved the Melanie the Manatee Writing Contest. 8. Staff Reports A. Disbursements On motion by Ms. Goetz, seconded by Mr. Korest, the Board approved disbursements for August 1998. C. Financial Reports Mr. Tears said the interest earned for FY 98 was $576,319. D. itydrologic Report Mr. Tears said due to concerns about Hurricane Georges, the whole system was opened to provide maximum drainage in anticipation of seven to twenty-one inches of rain, but only two inches were received from the storm event. Big Cypress Basin Board Minutes October 30, 1998 Page 4 Mr. Richter extended his personal appreciation to Mr. Tears for his professionalism and continuous communication with him on the status of the hurricane. He said he felt confident that he was receiving accurate information. The other Board members agreed with Mr. Richter and thanked Mr. Tears for keeping them informed. AD.IOURNMENT The meeting was adjourned. (Corporate Seal) Claudia Davenport, Vice Chairman Ellin Goetz, Secretary South Florida Water Management District Big Cypress Ih, sin ·/,I)g9 .lanes l.anc · Fax (9-11 ) :,97-49.q7 * Sum',)m 721 ~ 7't21~ AI)M 28-06 (C-3 133) 51EMORANDU51 TO: FROM: I)ATE: S U B.I ECT: Big Cypress Basin Board Clarence S. Tears. Jr.. Director. Big Cypress Basi~ December" .~. 1995 Agenda Item No. I' Southern Golden (.;ate Estates Land Qt,arterly Report by Department of Environmental Protection Acquisition The Division of State l.ands, l)cpartment of Environmental I'rotection, will provide an overview of the Southern Golden Gate Estates land acquisition process to date. CST/ja (;~ e, nteg B.~a,d AI.m K,,te,r - Fred N Th,,m.,,.Jr - h,,m.,k.dce I(Ihn(;,.~r/ Nq.l,- ';~mu¢l E P..,I¢ III. I w,,.m~' l).e.t,,r l)istrlc~ I leadquartcrs · 3~301 Gun Club Ro.td, P.O. Box 24680, \Vest l':dm l~;cach, FI. 33416-.u,~l · t;ul ) 6.~,-$?O:L lq. VqA'I'S 1 -g~X)-432-2045 South Florida Water Management District Big C'vl,rc~'~ Basin · t,uSq J.mc> I.anc · NaldCS, I:l. 1.11o9 · (94 ] ) gqT- ] q()g t"ax {U.lll ;'~7-4'1~7' Stlll(olll 721 7'12~1 ADM 28-06 (C-3133) .M E,XlORANI) LtM TO: FROM: Big Cypress Basin Board Clarence S. Tears. Jr.. Director. Big Cypress Basin I)ATE: l)eccmbcr 3, IOOg SIJB.I ECT: Agenda Item No 2 Consideration to authorize an amendment to Contract No. ('-3133 with Florida l)epartment of Environmental Protection fi~r continuing land acquisition in Southern Golden Gate Estates CARl. Project itl tile ilnlount of $70.000. and to extend tile term by one year. for which funds ;ire budgeted (Contract No. C-3133-A07) lLa_ckgr_ou !_~d_ Concern over the gradual degradation of environmental quality and water supply potential of Sot,them Golden Gate Estates (SGGE) prompted the State of Florida to include this 53,000-acre tract of land as a component of the Save Our F. vergladcs program in 1985 I lydrologic restoration is dependent on land acquisition. Thc I)epartment of Environmental Protection (DEP) has identified insufl3cient staff as tile primary limiting factor in acquiring tile land that consists of over 10,000 parcels. The South Florida Water Management District and the Big Cypress Basin have been providing funding since FY 1992 to support additional staffing for I)EP to focus on SGGE I)uring 1998 significant progress was made in land acquisition due to a settlement agreement of a lawsuit, approval by the Governor and Cabinet to buy 8,520 acres of land holdings from Avatar Properties, Inc., and receiving $25 million funding from the Federal Farm Bill. The Basin is currently developing a regional water management plan in which objectives include historic hydrology restoration and enhanced natural systeln functions. The regional water management plan will incorporate the SGGE restoration plan. Attached for your review is a copy of Amendment No. 7. Staff Recommendation Staff recommends authorization of all amendment to Contract No. C-3133 ~vith tile Florida I)EP for continuing land acquisition in the SGGE CARl, Project in tile amount of $70,000, and to extend tile term by' one year, for ~vhich funds arc budgeted. CST/ia Attachment .\lan K,,,'.I N.q,lc. l:rcd N 'l'h,,,,~.,...Ir. Imm,,k~,h'c lilh,, (;,,<.tz - N.q,k.. (;.,rcn S. R,,Im'r N.,i,I,'. %,mucl I';. I',,,,Ic III. E',c,.m~'.c ~.'l.wcm c fi. '['c.t:,..1~ . I );it', t,,t. ]{*K {~'?~.rc-. District i lcadquancrs · 3.ti)I (h,n Club Rind, ILO. Box 24t,~0, West l';dm Beach, l:I. 33416-4t,80 · (561) (,86-88{Y.), FI. \VATS 1-,q00-432-2045 1 SOUTIt FT, ORII)A WATER MANAGEMENT DISTRICT AMENDMEN'I' C-3 i 33-A 7 AMENDMENT NO. 7 TO AGREEMENT NO. C-3133 BETWEEN TI I E SOUTII FI~()I,III)A WATER MANAGEMENT I)ISTI{ICT AND FI.ORII)A I)EI'A RTMI';NT OF ENVIRONMENTA I. I'I,~OTICCTION ORIGINAL This AMENI)MENT NO. 7, entered into on that AGRI']EMENT dated Oclobcr 29, 1991, as amended on September 4, 1992 (AMENI)MENT NO. 1); on December 31, 1992 (AMENDMENT NO. 2); on December 22. 1993 (AMENDMENT NO. 3); on April 6, 1995 (AMENDMENT NO. 4); on December 24, 1996 (AMENI)MENT NO. 5); arid on February 12, 1998 (AMENDMENT NO. 6) between "the Parties," the South Florida Water Management District (I)ISTI,tICT), and Florida Dcpa~lmcnt of Environmental Protection ("DEP"). WI'FNESS Ir. TI t 'FI IAT: WItEREAS, the AGII. EEMENT may be amended with the prior written approval of thc parties; and WHEREAS the AGREEMENT will expire on December 31, 1998' and WHEREAS, the parties wish to amend the AGREEMENT in order to extend the period of performance and irrcrease funding of the AGREEMENT; WItEREAS, the Governing Board of thc DISTRICT, at its December 10, 1998 meeting, and the I)ISTRICT'S Big Cypress Basin Board, at its December 3. 1998 meeting, have authorized this AMENI)MENT NO. 7 NOW TIII£REFORE, tile I)ISTI*,ICT and thc I)EI', in consideration of the mutual benefits flowing from each to tile other, do hereby agree as follows: Amendment No. ? Io Agr¢¢mcnl No. C- 3133, -- P;ag¢ I of 4 SOUTIt IcI_,ORII)A WATER MANAGEMENT DISTRICT AMENDMENT a) The expiratmn date of thc A(;IH';I';MI';NT Ss hereby cxtcndcd t,) I)cccmber 31, 1999. Regardless of tile actual date of execution, tills :\MI';NI)MENT NO. 7 shall bc efl'ectivc January I, 1999. 2. For the period beginning January 1, 1999 and ending December 31, 1999, Paragraph lB of the AGI~.EEMF. NT is hereby delctcd and replaced with the following: "I)EI' intends to acquire at least 12,000 acres of land l~r calendar year under the Southern Golden Gates Estates ("SGGI£") PrOject of thc: State of Florida Conservation and Recreation l.amls ("CARl.") Program The services to bc pcrfommd by !)I';I~ staff will include mass mailings, negotiating with landowners, answering phone calls and requests, researching deeds and doing closings on rcm estate transactions for acquiring lands in the SGGE project area. 3. The monetary consideration for tile A(;I~H';EMENT is hereby increased by tile fixed amount of Seventy Thousand Dollars and No Cents ($70,000) for the I)ISTRICT'S riscal year 199%2000 (calendar year 1999 of this AGREEMI,;NT). The I)ISTRICT shall pa5' DEP in fixed amounts tlased on thc completion and acceptance of deliverables, in accordance with tile schedule set forth on Page 3, in Paragraph 6. The amount of funding provided herein shall cover staffing and all related expenses incurred by I)EI' in thc performance of this A(.;REEMENT. No additional funding shall he authorized. Total payment under this A(;I{EEMISNT shall not exceed Fivc I lundrcd and Thi~y Thousand Dollars and No Cents (5530,000.00). Further funding of this AGREI';MENT is subject lo DISTRICT Governing Board approval for I)ISTIUCT fiscal year 2000-2001 (calendar year 2000 of this AGRI';EMICNT). In the event that thc I)ISTRICT docs not approve funding for fiscal year 2~0-2001. thc A(;REI~MI';NT shall terminate on l)cccmbcr 31, 1999, notwithstanding other provisions in thc AGI{I';I{MlqNT to thc contrary. I( subsequent funding is not approved, the I)ISTRICT will notify I)EI', in writing, after thc adoption of thc final I)ISTRICT budget for fiscal year 2000-2001. 4. I)I';P shall attend Btg Cypress Basin Board meetings on a quarterly basis to present project updates to the I)ISTP. ICT. 5. DEP shall forward all invoices on a quancrly basis and shall reference thc I)ISTRICT'S AGREEMENT NO. C-3133-A7. I)EP shall also provide written progress reports to thc I)ISTRICT on a quad, crly hasis. Each qumlcrly rctmn shall summarize thc work accomplished during the preceding calendar quarter. Thc deliverables duc on September 30, 1999 shall include a map depicting thc parcels purchased hy I)F.P within the Southern Golden Gatcs Eslatcs. This map shall be of a scale not less than three incht:s equal to one mile and shall include existing roads and canals with parcels identified by unit and lot numbers. For parcels of unplatted acreage, each parcel shrill be identified by legal ctescripti{m. ArncndmcntNo ? toAgjccmcn! [40 C-3133-- Pagc2of4 SOUTH FLORIDA WATER MANAGEMENT DISTRICT AMENDMENT 6. AMENDMENT NO. 7 "DELIVERABLE AND PAYMENT SCItEDULE" All invoices and deliverables under this AMENDMENT NO. 7 shall be submitted to the DISTRICT in accordance with the following "Deliverable and Payment Schedule:" DEi. I VERA IILE Progress Report (1't Quarter) Progress Report (2"a Quarter) Progress Report (3,0 Quarter) Progress Report (4a' Quarter) TOTAL DUEDATE March 31, 1999 June 30, 1999 September 30, 1999 FI X ED PA YMENT AMOUNT $17,500.00 $17,500.00 $17,500.001 December 31, 1999 $17,500.00 $70,000.00 7. It is the intent and understanding of the Parties that this AGREEMENT is solely for the benefit of DEP and the DISTRICT. No person or entity other than DEP or the DISTRICT shall have any fights or privileges under this AGREEMENT in any capacity whatsoever, either as third-party beneficiary or otherwise. 8. All other terms and conditions of the AGREEMENT, as amended, remain unchanged. f The deliverables due on September 30, 1999 shall include a map depicting the parcels purchased by DEP wilhin the SGGE. This map shall be ora scale not less than three inches equal to one mile and shall include existing roads and canals with parcels identified by unit and lot numbers. For parcels of unplaucd acreage, each parcel shall be identified by legal description. Amendmenl No. 7 Io Ago'cement No. C- 3133 -- Page 3 of 4 SOUTIt FLORIDA WATER MANAGEMENT DISTRICT AMENDMENT IN WITN :ESS WtlEREOF, the parties o.r their duly authorized representatives hereby execute this AMENI)MENT NO. 7 on the date first written above. SOUTII FI.ORIDA WATER MANAGEMENT DISTRICT BY ITS GOVERNING BOARD By: Michael Slayton, Deputy Executive Director 0t1-1(i. ot ('OUN':,I L ^I'I'ROVI~I.~ S FW~t'D PR OCUR F~M FSN'T FLORIDA DEPARTMENT OF ENVIRONMENTAl. PROTECTION By: Title: Amendmen! No. 7 lo A~eemcnt No. C- 3133 -- Page 4 of 4 16W1 outh lor da Water Management District l,ig Cyprcss Ila~i~I '.tx ('~-11 } q'17-4'1S7 · Stmco,i 721-7')20 PRO 12kc Traflbrd 51 E 5I O R A N I) U 5'i '!'0: FROM: Big Cypress Basin Board Clarence S. ]'ears, Jr., Director, Big Cypress Basin~'~ DATE: December 3. 1998 SUliJEC'F: Agenda Item No. 3: Consideration to authorize the Big Cypress Basin to become the local sponsor of tile Critical Restoration Project known as l.ake Traff{~rd Il ack_'grp.u_u.4 The County Commission at their last meeting committed S2 million I'or tile restoration of I.akc Trafibrd The Tourist Development tax ordinance will be amended on December I, 1998 to allow this to happen. Florida Game and Freshwater Fish Commission has committed S900,000 to the restoration eflbrt. In addition the U. S. Army Corps of Engineers (COl:.) has requested $8.2 million of matching dollars towards this project under the Water Resource Development Fund Act of 1996 (WRI)A) The Lake Traflbrd Task Force ,,,.'ill request the State to provide the remaining $5.2 million for this restoration; and, with tile strong commitment from Collier County, it is anticipated thc State will provide the funds. Thc COl:. and l)epartment of Environmental Protection (I)EP) have requested the Big Cypress Basin to be the local sponsor of this project. DEP, being tile permitting agency, feels that they should not be tile sponsor of this project. The COl:ds reason for this request is they have dealt with the Basin and District on numerous projects and have developed a good working relationship and familiaritywith each others protocol. The only fisnding shortfall that has been identified at this point is the temporary acquisition of land to create filtering ponds in the muck removal process The land would be sold after the muck was dried and disked into the soil. The land acquisition may have to be funded by tile Basin if no other sources of funding are identified. The current estimate for temporary land acquisition is $1.2 million. Basin staff has also been notified by the U. S. Department of Agricuhure-Naturai Resource Conservation Service of the availability of funding for long-term lease opportunities (more than 30 years) which will be explored. Staff' Recommendation Staff recommends being the local sponsor of the critical restoration project known as l.ake Trafford arid enter into a project cooperation agreement with the COE. CST/ia ~,%lliam I I.~mm,m,I, t'h.lmn.m. I';,~ ,,ill, r,, · J't Mvcr~ Al~n K~,rc'~t - Na?IL-~ Ellin Claudia I),~vcnl~m - Evergl~,le~ Cify Fred N. l)isrfi~ I l~th[uaflcn · 3301 (;tm Club R,~ad, P,O. Box 24680, ~Veq P,dm Beach, [:I. 33416-4680 · (561) 686-88(X), VI, WATS 1-8~)-412-2t~15 1 Florida Water Management District Big L'yprcss Ila,fin · ~,()~V.l.me~ I,mc · N.q,lc~. l"l. ~41(19 · (94t) ~97-1~()~ l"ax ~'~41 ~ ~u7-4'~7 - Sm~,',,m 721-7u20 :\DM 28-06 (('-8702) M EMORANI) tIM TO: FI~OM: I)ATE: I~ig Cypress Basin Board Clarence S. Tears. J~ . i)ircctor. Big ('ypress Basin'7~ l)cccmber 3. 1998 SUii. IECr: Agenda Item No. 4 Consideration to authorize an amendment to Contract No ('-8702 with U S Department of Agricuhure-Natural Resources ('onscrvation Service fi~r data collection for Southern Golden Gate Estates, and to extend tile term by six months (Contract No. C-8702-A02) B_ a_c__kg_rg_t!~_!~! Thc U. S. l)cpartment o£ Agricuhurc-Natural Resources Conservation Service (USDA- NRCS) is presently providing watershed planning assistance to the Big Cypress Basin for procuring scientific information and analysis on soils, vegetation, topography, canal cross-section and water table in the Soulhern Golden Gate Estates (SGGE) watershed for development of the Big Cypress Basin Watershed Plan. A significant database on thc desired information has been obtained for tile watershed north of U S. 41. Ik~wever, for development of a comprehensive watershed management plan. i, accordance with thc National Environmental Policy Act (NEPA) guidelines for the proposed SGGE critical restoration project, similar information is necessary for the area south of U. S. 41. Thc term of the first phase assistance will expire on March 31, 1999 USDA-NRCS has agreed to extend thc study period and will contribute in-kind services according to the cost share rate specified in thc original scope of work to achieve the objectives set forth in the project An expansion of the geographic area under the study I~as also been agreed upon due to interest in characterizing the downstream vegetative communities and cstuarine receiving waters south of SGGE This area will extend due south of the current study area to the boundary of the Ten Thousand Islands National Wildlife Refuge. The Basin's share of the estimated cost is $27,625, and the funds are allocated in the FY 99 budget. S t a ff R ceo n} m~ nfl_a t i__on Staff recommends to authorize an amendment to Contract No. C-8702 with USDA- NRCS fi~r data collection for SGGE in an amount not to exceed $27.625, and to extend the tcr,n by six months, for which funds are budgeted. CS'F/AN/ia Attachment Wflham I lammon,t. ('hJmn.m. I% At J. K,m'~t - N,~plc. Fred N. '['h,,m.~,. Jr hm,,,,k,,lct' l':ll,n (;,,er/ NJiqe. (;,mca S. Ri,'i.¢r - Nq,lc. N.mmcl f';. I',.,le II1. Kxccut,vc ('l..cnce S. '['c..~, Jr.. Dm.o,,r. Big ('?lin... I)istric~ I Icadq.arters · 3301 ( ;tm Ch,b R,,ad, i',O, Box 24680, \\'cq I'.lh. lleach, I"[. 33416-4680 · (5(,I) (,86-88(X), Fl. ~VA'I'S 1-8OO--132-2045 STATEMENT 0 F WORK C-8702-A02 Cooperative Agreement with USI)A-NRCS for Data Collection for Soulhern Golden Gate Estates I, INTROI)UCTION The U. S. l)epanment of Agriculture--Natural Resources Conservation Service (USI)A- NRCS) is presently providing watershed planning assistance to the Big Cypress Basin of the South Florida Water Management District (BCB) for procuring scientific information and analysis on soils, vegetation, topography, canal cross-section and water table in thc Southern Golden (;ate Estates (SGGE) watershed for development of the Big Cypress Basin Watershed Plan. A significant database on the desired infurmation has been obtained for tile watershed north of U. S 41. ltowcvcr, for development of ~ comprehensive watershed management plan similar information is necessary for thc a~ca south of U S. 41 Thc term of thc first phase assistance will expire on March 3 I, 1999 USI)A-NI~,CS has agreed It) extend thc sludy period and ,.rill c(mtributc in-kind services according to the cost share rate specified in the original Scope of Work to achieve thc objectives set tbrth in the project. An expansion of tile geographic area under the study has also been agreed upon, clue to interest in characterizing the downstream vegetative communities and estuarine receiving waters south of' SG(3E. This area will extend due south of the current study area to the boundary, of the Ten Thousand Islands National Wildlife Refuge. 2. SCOPE OF WORK USDA-NRCS shall provide watershed planning assistance to the BCI] by acquiring arid analyzing soils and vegetation data for an extended area of the SGGE watershed to be used in the development ofthe BCB Watershed Plan. Method: Methods are unchanged from original Scope of Work. Soil and vegetation survey sites sampled and analyzed per original Scope will be sampled and analyzed again, and up to six new sites will be added for sampling and analysis in the expanded portion of the study area. 3. WORK BREAKI)OWN STRUCTURE Task A: Data Collection I) Soil and Vegetation Survey I I Soils Data I I. I Locate up to 6 representative sites in tile extended area. I.I.2 1.1.3 Continue to read observation wells at established transect sites (original study area). Gather and analyze soils data by applying steps 2.1.4 through 2.1.9 (as outlined in original Scope o£Work) to the new sites. I 2 Vegetation Data 12.1 1.2.2 Repeat steps 2.2.2 through 2.2.8 (as outlined in original Scope of Work) for the established transect sites. Gather and analyze vegetation transect data ['or up to 6 sites as identified in 1.1.1 in the extended area by applyiug steps 2.2.2 through 2.2.g (as outlined in original Scope of Work) to the new sites. TaskB: Data Analysis 1) Vegetative Community Analysis: Incorporate soil and vegetation sampling sites in extended area into analysis as outlined in 5.1 - 5.2 oforiginal Scope of Work. Task C: Predictive Analysis and Report 1) Vegetative Community Maps: Incorporate soil and vegetation sampling sites in extended area into analysis as outlined in 6, I - 6.3 oforiginal Scope of Work 2) Write draft, report, make presentations to various groups 3) Finalize report. 4. WORKI,OAD ANALYSIS 1.1) Soils Data: 12 days x I person = 12 staffdays 1.2) Vegetation Data: 65 days x 2 persons = 130 staffdays 2) Vegetative Community Analysis: Incorporation of additional soil/veg data = I0 stall'days 3) Vegetative Community Maps: Incorporation of additional soil/veg data = 5 staf'fdays 4) Write draft and make presentations: Incorporation of additional soil/veg data = 5 staffdays 5) Finalize report; Incorporation of additional soil/veg data = 3 staff days 6) Administrative/coordination time = 5 staffdays Total staff days 170 staff' days (~ $325.00/STAFF DAY TOTAL COST OF NRL:SZYFWMD C'OOPEIIATIVE TASKS = NRCS StIARE ~? 50% = $27,625.00 BCB SItARE ~ 50%: $27,625.00 5. TIME SCIIEI)UI.E AND TIME FRAMES Item No. Deliverable Date (months Cost after contract execution) I Soil/Vegetation 24 $46.150 Survey 2 Veg Community 26 $ 3,250 Analysis 3 Veg ('omnmnity 26 $ 1.625 Maps 4 Draft Report 28 $ 1.625 and Presentations 5 Final Report 30 $ 2,600* $55,250.00 BCB Share " 5 $2.~,07. $ 1,625 S8125 $812.5 $ 1,300' TOTAL $55,250 $27,625 * Includes admin./coord, time cost of $1,625. Florida Water Management District Big C'.,,-l~rc.,~ B:,%in * 6(),~(;.l,mc% [.anc · Napk's. l"]. 1.11(1'; · 1';41 I".:× 1'141) q'/7-49,q7' $l]l]~l'[It] 721- ADM 2g-06 (('-10706) TO: IcROM: Big Cypress Basin Board ('larencc S. Tears, Jr.. Director. Big (:5'press Basi~ i)ATE: l)ccembcr 3. 1998 S UI}.J ECT: Agenda Item No. 5: Consideration to authorize entering into an agreement with Florida l)epartment (ffEnvironmental Protection-Rookery Bay National I-Muarine Research Reserve for continuous water quality monitoring at tile receMng waters of Faka Union Canal (Contract No C- 10766) B_a_c_ _k gr3~_ uj~cJ The Big Cypress Basin is presently coordinating with the U. S. Army ('or'ps of Engineers fbr implementing the hydrologic restoration plan for Southern Golden (;ate Estates under the Critical Ecosystem Restoration program initiative of tile Water Resources Development Act of 1996 In order to develop the implementation plan under the National Environmental Policy Act - 1969 (NEPA) guidelines, a baseline status of the water quality in tile receiving waters of thc project, i.e at Faka Union Bay must be established. No continuous baseline water quality dam in tile Faka Union Bay area is available, although a few monthly physical and nutrient parameters have been monitored in the Ten Thousand Islands. Continuous water quality monitoring, such as that presently being conducted by Rookery Bay National F. stt,arine Research Reserve at four sites (two in Blackwater River, two itl I tenderson Creek) provides the necessary data to understand the response of the system to more ephemeral events such as localized rainfall in lhe headwaters, on hypoxic/anoxic events, in addition, continuous monitoring allows for long-term change assessment using a much finer resolution of data than any other method The Florida Department of Environmental Protection-Rookery Bay National Estuarine Research Reserve (DEI'-R[3NERR), has agreed to expand their water quality network to the receiving waters of the Faka Union Canal at Faka Union Bay fi)r installation of a continuous water quality monitoring station under a cooperative funding agreement. Tile DEP-RBNERR personnel will perform data collection. analysis and generating a report for the study. ]'his water quality study ,,vas originally intended to be a part of the National Resources Conservation Service (NRCS) watershed planning assistance project like the vegetation study in Contract ('-g702 that was performed by DEI'-RBNERR under contract with NRCS. and accordingly a sum of $40,000 was allocated in tile FY 99 budget lbr amendment of Contract No. C-8702 ltowever, NRCS has indicated policy limitation in performing the water quality study, and advised that the Basin should contract that segment of the project directly with DF.P-RI3NERR. ]'lie Basin's share of the project cost is $12,250 (;or ,',.t,t.g ~Vdham I I.mm:,,ml. (.'h.lirr~l.in. I':~ ,,1~;, I'' I t 5 l:cr. Cl.,ual,., [).:,c,,t,.. [';,.'crgl.idc, ;\l.m K.rv.a Fred N. '['h,,m.i., Jr hmn,,k.dcc District I le.:dqu:trters · 3301 (Jun (.'lub R,,~,d, P.O. Box 246g0, \Vcs~ Pahn l~,cach, 1:I. 33416-4680 · ('161) t,,'qt,-.qg(X), l:l. \VATS 1 -,R0~)-4l'12-2{14'5 [gig Cypress Basin Board December 3. 1998 Page 2 Staff Recommendation Staff recommends to authorize entering into an agreement with l-'lorida Department of Environmental Protection-Rookery bay National Estuarine Research Reserve for continuous water quality monitoring at the receiving waters of Faka Union Canal in an amount not to exceed $12,250 for which funds are budgeted. CST/AN/ja Atlachment STA'I'EIM ENT O F ~,VO R K (;-10766 Continuous Water Quality Monitoring at the Receiving Waters of Faka Union Canal I. INTROI)UCTION The Big Cypress Basin is presently coordinating with the U. S Army Corps of Engineers for implementing the hydrologic restoration plan for Southern Golden Gate Estates under the Critical F. cosystem Restoration program initiative of the Water Resources Development Act of 1996. In order to develop the in~plementation plan under thc National }'~nvironmental Policy Act -- 1969 guidelines, a baseline status of the water quality in tile receiving waters o[' the project, i.e. at the Faka Union Bay must be established No continuous baseline water quality data in the [:aka Union Bay area is available, ahhot,gh few monthly physical and nt,trient parameters have been monitored in the Ten Thor,sand Islands. ttowever, our understanding of typical salinity and dissolved oxygen regimes in this area is particularly weak, and data collected monthly cannot easily be used to make inferences about upstream events without very long sample records Continuot,s water quality monitoring, such as that presently being conducted by Rooker;' [lay National F. stuarine Research Reserve at four sites (two in Blackwater River, txvo in I lende~son ("reek) provides the necessary data to understand the response of the system to more ephemeral events such as localized rainfall in the headwaters, or hypoxic/anoxic events In addition, continuous monitoring allows for long-term change assessment using a much finer resolution of data than any other method. The Big Cypress Basin has requested the assistance of the Florida Department of Environmental Protection, Rookery Bay National Estuarine Research Reserve, (DEP-RBNERR) to expand their water quality network to the receiving waters of the Faka Union Canal at Faka Union Bay for installation of a continuous xvater quality monitoring station under a cooperative fundin~ agreement 2. SCOPE OF WORK The DEP-RBNF~RR will expand their present estuarine water quality monitoring network to cover the receiving waters of the Faka Union Canal in the Faka [;nion Bay. Utilizing their existing telemetry relay at Collier-Seminole State Park, the DEP-RBNERR will add one continuous water quality monitoring station in the southwest end of the Faka Union Canal outfall at the Faka Union Bay. The following water quality data will be collected every hour: temperature, dissolved oxygen (concentration and percent saturation), pit. depth, salinity, conductivity, and turbidity. This data will be sent via their radio- telemetry network to their Shell Island Road facility where it will be stored on a dedicated computer for analysis (Note; data can be displayed real-time). The DEP- RBNERR will follow tile data and metadata conventions of thc National Estuarinc Research Reserve System Wide Monitoring Program which exceed all state and federal requirements They will maintain these systems while conducting fishery-independent investigations in the Ten Thousand Islands using existinu, stafl~ boats, and computer ecluipmcnt. ~ WORK BREAKDOWN STRUCTURE Installation oF a continuously monitoring water quality station on one floating field platform equipped with monitoring equipment like YSI 6820. telemetry radio and accessories, and other supplies. Monitor temperature, dissolved oxygen, pH, depth, salinity, and conductivity at one hour intervals. An annual report summarizing the daily, seasonal and annual fluctuations in physical v,'ater quality parameters. This report '.,.'ill include examples of typical variations, as :,,'ell as freqt,ency of bypoxia, supersaturation and similar events Qualitatively compare Henderson Creek and Itlackwater River to the data collected during this study. 4. i'RO,IECT (;()ST ESTIMATES A. Equipment and Supplies · Floating Field Platform $ 900 · YSI 6820 $ 4,200 With DO/pH/Salinity/Temp/Depth) · Telemetry Radio & Equipment (Solar panel, radio, 6 gain antenna) $ 6,150 * Supplies $ 1,000 (calibration solutions, membranes, boat gas, etc...) Total Equipment and Supplies $12,250 Mo,fitoring - Personnel Services In-kind services by DEP-RBNERR $12,250 Total Project Cost $24,500 Big Cypress Basin's share of the project - 50% $12,250 o DEIAVERABLES AND PAYblENT SCtlEDULE item No. Deliverable Installation of monitoring station Annual report-draft Annual Report--final Date (Months) after Contract Execution One month 12 months 13 months Amount $I0,000 $ 2,250 16Gl South Florida Water Management District Big Cyprcs~ Basin ' t,llX9 J.mc, I.:mc · N,~pIc,. I:l. 341¢1') · ('~.;1) ;')7-131)5 J"ax 19-SI ) '~'~7--;'),q7 * .q,,nc,,m 721-7'~20 MGT 08 M E~IOR. ANI) UM TO: FROM: DATI';: $ [ ! ILI E ( 7I': Big Cypress Basin Board ('larence S. Tears. Jr, Director, Big Cypress Basin'~ December 3, 1998 Agenda hem No. 6: Big Cypress Basin Board Meeting Schedule Chairman l lammond has a conflict with the Basin Board meetings being held on Fridays lie would ve~' much like to attend the meetings, but Tuesday afternoon and Thursdays are the only days he has available. Therefore. attached is a proposed 1999 calendar for Basin Board meetings to be held on Thursdays at the Big Cypress Basin, Mary Ellen }lawkins Building Thc County Commission Chambers are not available on Thursdays The (;it5' Council ('hambcrs were also checked and were not available l'leasc rcvicw the calendar and advise of any changes you would like to have made. CST/ia Attachment t\hn g,,re.r Nq,lc, Fred N '['h,,,n.,,.. If [,,,m,,k.,Iv.~. EII,n ( ;,,.tq,' · N.q,lc, %mucl E. P*,,Ie I11. I;w,,,m,' (.'lJrcm'c S Tear',. Ir . I)~rr~,,r. F,,t: t'u,re,'; District I lcadquarter~ · 3.101 (;tm Club R,ad, 1'.(). B,,x 246,q0. \Vc, t P.dm l~cach. FI, 33416-4680 · (561) 6,%-88¢X). I.'l, V~':VI'S I-8~x)-432-204:, QSouth Florida Water Management Distk~]. --"4 Big Cyprcss lla4n · 611,q9 Janes l.anc · Naples. I-'l, 't.I 109 · (941 ) 597-1505 I-'ax (',LI 1) 597-4987 ' Suncom 721-7920 BIG CYPRESS BASIN BOARD MEETINGS 1999 CAI.,ENDAR Jalltlary 28 (Thursday) April I (Tht,rsday) May 27 (Tht,rsday) June 24 (Thursday) August 26 (Thursday) October 28 (Thursday) December 2 ('llmrsday) Regular Meeting Regular Meeting ,'md Budget Workshop Regular Meeting and Budget Workshop Regn,lar Meeting and 13udget Workshop (Adopt Prelim/nary Millage) Regulru' Meeting ,'md Budget Workshop (Adopt Final Millage) Regular Meeting Regular Meeting m~d Retreat ALL MEETINGS ARE HELD AT THE BIG HAWKINS BUILDING, 6089 JANES I.ANE, UNLESS NOTIFIED OTHERWISE. CYPRESS BASIN, MARY ELI.,EN NAPLES, FLORIDA AT 9:00 A.M. (;ot'errttng B~,,,,t ~,%lham I hmmomt. Cl',.airm.an. Ex ,,fl'icm - [-'~' .M'.'er, :'klan K~,r,.~t N.q,le* Elhn (;o,:qt- N.qqc~. Samuel Fi P,,~,l¢ l[l. Exetm,'.'t l),r¢,mr Cl~udiz Davcnport- E*'crgladc, City ['red N '['h,,r,,~,. Jr. - [retook.alee (;.~rrct~ S RMm'r - N~i,Ic, Cl.arcm'c S 'l'e~r,.Jr.. D~ret'ror. [hg Cyprc*~ llas~n District lleadquarter~ · 3301 Gun Club Road, P.O. Box 246,q0, XVt-st Palm Beach, FI. 33416-4680 · (561) 686-8800, FL WATS 1-800-432-2045 :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: o o o o°o °'o°: o° o° § .... ~ o~ ~0 n: Om oooooooooooo ~ oooooooooooo ooo§§oo ...... oooooooooooo §. ~oooooo 88888888888 o 8oO8§O8~o ,oo o° o o o o o o o o o o o ~.o°o° o°,.°o°o°oo°§o°o°§o° o o o o o o o o o o o o o° o ~oo§o§ 0 ggggg'g ggggg:g g o o o o o o o o o o o o o ggggg:g ggggg g g ggg'g g ggg g o o o o o o gg'go°°ggggggggg°gg"oo gg g ggg°°'goo itl 0 0 ggggg gggg§ ~ 'n~ 000000000~t,{ ~ ~o .° o o o oooooooooo o o o oooooooooooo g ~ o Xg § § g § § § §§§§§§§§§§ § § § §§§§§§§§§§§§ 0 ~ 0 o , c~ o : c~ oo o o o o oo oo oo o ooo · , : ; ,~ ,~ o ooo o o,o § §§°§ o oooooooooo oooooooooo~ ooooooooooo OOooooo~ ,! o o °o °o ~o °o o °o o o o °o ~ 0 0 ~z~° o o 8'8 o ., .... 80§ g oo%oooooo , ~ 0 888888 . o~ o oooooooooooo~oooooooooooo ,;,8R°8o°§o°§o°°o°o°o°§o°o°o°,~°°°8§~,8o o o ~oo¢, oooo oooo o moo o ~mo -~ ~ o ~ o ooooooo o gg§§§°° o o 0 :1 0 g o°gg§g°o°o '§ o o o o o o o o o go°o°o°ggg oo o o o o o o o o 888888 0 og§g§gg°go § ooooooooo o ogg°gg°g°ggg°ggoooo g ° ooooooooooooooo o o go°~go°o°o°o°g :"'- lo°o°go°o°o°go°°°o°'°o°goo. :o° 'a 00000000 oooo o o o 0000 . ' ° ° ° °° ° ° ° °° ° ¢') ° o <:) oo o ooo o ooo o o oo o o o o o ooo o o o oo oooo o ~. ............................. o .................. -oo ....... ooooogoogoooooog§oo~ g o°§~© o© §o°~ g ~;:oo§ o° o°o°§o°o°o°§§~§~§§§§o°§°o°°°°o°o°°°~oooo · '~ ooo o o o o o o o~,o o o o o o o o o o o o o o ~m oooooooooooooooooo o oooooooooooo~o o oo 2o ~ §§§§o§~oo§oO§§o oo oo o° 0 ., g .~ X g ,.,: g ,. g: g g: .~ g ooooooooooooooo mmlm.mmmmmammmm oog ...... oo oooooo ooo oo oo o o ooooooooooooooooooooooooooooo tttgtCtttgttttt~tttttttttttt ~o~ 0 ~0 n: o o · o o ° ° ° ° ° ° o o o o o o o o o o o o o o o ~ o o o o o o o o o o o o o o o o o o§§§§§§§§°°§§§§§oo 000000000000000000000000000000000~ o o o .... oo,.- o o o o o o o o o o o mOO 0 ~ 0 ooooooooooooooooo o §§oo§~,o o o o ~. ~ ~, o o o o o o o o o ooooooo§ ,. o o o o o oo 0 0 ~ o o o o o o o o o o o o o o o o o o o o o o ~ ~oo .... o ~~o oo .... ooo o 8888888888888888888888 §§§oo 8 oooo o z o° o o o o o o o o o o o o o o o o o o o o 0 ~ ',3 m g~ 0 0 O ~ ....... ....... ii:iii ....... ~ ~- ~i~ ~ [iiiiii x~ L .-....:::::: ::::::: ~u ~D :::::: ::::::: n~ :::::: :::::;; ~ ...... fo o~ §oooo .... ,o, o oo °~ ~ oooo o ~ 0 0 .q o o ¢) () o o o o o o o o o o o o o 1661 o~ 0 ooooooooooooooooooooo o g~ , I* OOOOoooooooooomoom~o¢)~ ~o~ .......... .... g§§§ 0000000000000000000000 o 0 o o o o o 0 o o o o o o00000 o o o o 0 ¢, 0 0 o o 0 oooo oo o o ~:~ o o c~ o o o o o o o o o o o o o o oooooooooooooo oooooooooooooo ooo ooo o oooo o o o o o ~o ~ ggg§§§§ § §g § §g § gg§gg3§§§ggggg§gg§gg§ggg~ o ~~ ' ~ ~ , ~ ........ o o o ° ° ° ° ° ° ° o o o o o o o ~ o o o o o o o o o ~ ~ o~ ~ o~~o~ .... ~ ....... ~g ~oo oooooooooooooooooooooooooooooooooooooooooooooo o 88888888,888888888888888 0 ¢,. o o o o o o o o o o o o , o §§§§§§§§§§g§§§gg§§§§§2§§g§§§§g§§~ oooooooooooooooooooooooooooooooo 888888 o o oo U~ U ~ 0 0 C~ 0 , H ...... §§§§§§§§§~§§°°§2§§oo oooooooooooooooooo ooo~o§oo§~o§§§§§ ....... ~§~o~ ..... ooo o oo oo oo~oooo o ooo o o o o o o 0 0 §o o§§o°°8"o o o o o o o o ~o~o~ ~000000 16Gl o ooooooooooooooooo~ ~ oooo o ooooooooooooo U o o o o o o o o o o o o o 88888888~.~ 000000000000 o §§ c> o o o o o o o o o o o o o ~ O0 o~ z ~000000 o ~ oooooooo~oo~ 00000000000 ~ 0 g~ §, §§§ § moo m o o o o o o o o o o o o §~§§~§§§§§ooo§~§~ooo oooooooooooooooooo o°§§§§§~§§§§§§°°§§§~oo oooooooooooooooooo~ ~z~ zz HH o o o o o o o o o o o o o o o o o o o o o o o o o o ....... o° o° §g§gg§g§§Dg§ oooooooooooo o oooooooooo 0 .......... oOOOoOOoooo o o o o o o o o o o o o oo , oo oooooooooo oooooooooo oooooooooo ~'oooooooooooooo~ooooooooooooooooooooo o 'oo~oo~ooo~oooooooooooooooo~o~oooooo o "5 ..... o ~oog~ ............... ~ ~ ~ g~o~~o~ o O~ 121 §ggogggg.o §~oo§og§2 o o o o o o o o o o o o o o o o o o o o o o ~ o o ~ o o o o o o o o o o ~, C~ 0 §§o§§O§2o o oooooooo o ~ooo ooo 1 6Gl.~ e0 ............... §§oo§ o oo § oo~§oo § §§ § ~ ~ ~ o oo oo oooo oo ~ o ~ooo ~ o~ .~ oo~o~o o oo o o o £ © 0 0 REPORT AT A GLANCE I'VI O NTI I REVIEW FINANCIAL REPORT SEPTEMBER 1998 In,, cstmcnt Performance (Monthly) ........... A brief monthly report of' District and 'l'n~stcc administered m ~ cstmcnts and cash D~sburscmcnts Report (Monthly) .......... A tabular summa~' of wage and vendor checks ~ssucd for Ibc month A nolcbook in file Governing Board chambers contains detail Financial Repons as f'ollows: Combined Balance Sheet. Combined Statcmcn£ of' Revenues, Expenditures and Changes in Ft, nd Equity, plus detail statements for all funds through lhe currcn! month compared to thc same period in lhe previous .,,'car. · Check Registers listing all checks written bv Iht District tbr thc month. .Fo__Er m o~rc~n fo rma t i on, contact: .loc ('hit?/"ttlartc~al Officer (.~[fic'e of l')nanctal Man~geme,lt (561) 682-6212 No interest has been calculated or posted to FY 99. I NVI:.STNII:.NT I'I~I~.FORMANCF. AN[) ('ASt l FI.OW- Month of August 1998 The Financial Summary table below includes thc status ol'both District administered and Trustee administered investments, thc currcilt mOrllh's yield compared Io thc benchmark investment (l.ocal Government Trust Fund), distribution o£District administered investments by security type. and cash tlow for the month Financial Suml'ua~' as ot' :\ugust 3 I. I<)C~,'q Prior Month Current Month Prior Year 7 '3 [,'tls 8131/~8 ,gl31/uT [ll,,.'cstlllcllt Balances District :\dnllnistercd IID, eSllllcnt.q 'Frost Ftmd Investments Check l:Ioat 3112716.535 205.2¢10.58.1 258.-12{}.357 81.850.53~} 80.826.583 66,059.093 (~L362.ol ~) (4.715,160) (4.683.388) Annual Y~cld. District Investments Benchmark (SII.AI 5 84o.;, 5.85'¥,,, 5 77% q -,t¥',, 5.'~7 ', .:~ .~' ".,, :~3_crat~c [_Q_ass.[o Maturit5 706 Dzstrict Investment l')~str~butmn: 1.ocal Government Tn~st (SBA} ]'rcasuQ' Notcs Federal Agency Securities Other (Rcpo's and Money Markets) 15% 13% 33% 18% 15 60% 7% 6% 3% Cash Flow Analysis Revenue Collections Chcck Clearings 18.460.043 7.966,345 8.082. I 12 33.51 o.619 20,384.346 28.071.704 The District's investment etliciency is measured by a high percentage of invested cash balances. During the month, we invested an average of S47 million of outstanding checks issued, but not cleared through the banking system (check float). This represents 101.6% o[the total cash available Ibr investment !! -Al I)ISBUI,~SEMENT REPORT FOR Tile MONTI! OF SEPTEMBER 1998 T,.\III.F. 3 D~sburscmcnts for thc Month of September 19{)8 Wap..e Relaled I)isbursemenls I) Wages 2) Employer FICA 3) Retirement 4) I.ifc & l lcahh Insurance Total Wage Related Vendor Related l)isbursements - 510{1 0 1(I and ()xcr l) Ahco Inc Ix, mt 1'5trchasc - O].:aloacoochcc Slot,gh Project 2) Bcrgcron Ixmd Development lnc Constmcnon of STA-2 3) Brm~ard Cntv Bd of Cnt~ Corem . Regional Water Supply Plan 4) Brm~n & Caldwcll l)clmlcd l)csign STA-2 Works 5) FI [)cpi oF Environmental Protcctmn Cwo[ Penalty Payments 6) FI Power & l.ight Co Elccmc Se~'~ce - Various L~ations 7) Gilbc~ Southern Co~ STA-5 Construction & Seepage-Pump Statmn G-337 8) [lclcna Chemical Co [ terbicid¢, Sonar 9) Hewlett-Packard blicrowave Equipment 10) Miami Dade Count.,,' Deering Estate Environmental Education Center I I) Miami Dado County DERM Stormwatcr Project 12) Palm Beach Cnty Clerk of Coun Griffin Bros Fee, L~d Purchase 13) Team Land Develop~nent inc STA-5 Discharge C~al & Access Bridge 14) US Geological Su~ey Surface/Ground Water Monitoring. l.ab Analysis I 8.641.970.35 626,669.81 ~)22.104 4q 7'~'~ 'i~'I 7q 1{).924.138.40 (37".,,) 793.169.5(I 2.118.462.30 101.089.00 3 II}.543 23 1.817.090.68 162.593.78 1.876.874.33 636.400110 128,536.94 300,000.00 172.500,00 .4.251.169.21 437.873.93 ___4_2_2,929.16 SUB TOTAl. S 14.529,322.06 (49%) Total Under $100.000 $ .... 4,301,807.95 {..1_4%) 'l"oml Vendor Related $. 18,83 I, 130.01 (63%) TOTAL DISBURSEMEN'F $ 29.,7~5.,2~_8,4 ! (100%) tl - BI MONTH IN REVIEW BUDGET PERFORMANCE REPORT October 1998 I]tzd/,r~'t ?cr£orm;tnc¢ throtzffI! August I998 REI)ORT AT A GLANCE General Fund .'\crua] vs. Ih~dgctcd l;~,cvcnuc ' ~ .................. (;2 Actual vs. lSudgcted I{x[wndJturcs & Special Revenue Funds ( ;2 Actual vs. Budgeted Revenue ...................................................... Okccchobcc Basin Fund ....................................................... (; lhg Cvprcss Basin Fund ......................................................... ( 5ave ()ur Rivers Fund .......................................................... SWIM Fund ................................................. ( I)I(P Fund ...................... (;3 IRi. Fund ............................................... ' .................. ,'~c~ua] vs. J3udgctcd/~xpcnditurcs & (2ommitmcms ..... (;4 ()kccch,~bcc ]3a>iil l:u~ld ............................. ~'~' ( Big Cypress Basin J"und Save Our Rivers l"und .................... ..................................... DEP Fund ...................................................................... ~.~ COl'; Fund ......................................................................... (;5 FP&I. Fund .......... IRL Fund .............................................................. (;5 Capital Project ......................................................... Funds ................. (35 ()vcn. ic~ .............. Dist, ct I'rojects--J~ .............................................................. (;6 ................................... Okccchobcc Basin Projects .......................... - ....................... (';6 .................... (;6 Big Cypress Basin Proiccts .................................................... (;6 SOR/P2000 l.and Acquisition Restoration Proiccts Ex'crgladcs Rcstora~on Projects ........................ (;7 FEMA Projects ........................................ - .................... (;7 Florida Bay Projects .................................... ' ................. (;7 Miscellaneous Topics .......................... (;7 l"~'99 Impact of 1:~'9~ (;omracts I"or more information, c(~fltact: Aaron Basinger, Director, Budget Division (561) 682-6660 Gt:~NERAI. FUND ACTUAL ['2q. -I]UDGItTED Rl.:'VlL~'t'li I:Y98 is running ahead of b'Y97 levels (102 vs. I01 pcrccm, as illustrntcd m Figure 1) for dHs same period. Ad valorem tax collections, intergovernmental revenue, iiwcStmctl~ income, permit t~.cs and other income arc all running ahcad of 1:Y97 levels. GENERAL I)ISTRICT FUND Pcrcen[ of Actt];,I v<. llvd~ct¢(I Total Revenue ",, 'ff I~mlgclcd Colh'ctcd 120 ...... 100 60 40 20 0 DEC JAN FEB MAR 'l htr~iIRII Id(wen APR MAY JUN JUL AUG SEP I FY97 I FY98 Figure 1. General Ftmd- l)crccnt of Actual vs. Budgeted Total ACTUAL VS. BUDGETED EXPENDITURES ~ COAIlfflTMENTS 1:5'98 is running ahead of 1"5'97 levels (86 vs. 79 percent, as illustrated in Figure 2) for this same period with 89 percent of thc District's personal sen'ices I)t,dgct, 84 percent of the operating budget, and 88 percent of thc capital outlay budget having been expended. G--2 (;ENERAL I) ISTRICT FUNI) Pcrccn~ .fActu.~lv,~. Butlgctcd Total Us,.' .f Funds "*o .f Ihldl. lc~ed C.mmit~cd (,t l';xpcmb.'d 90 ?0 $0 40 ~0 20 0 DEC JAN FEB MAR APR MAY JUN JUL AUG -REp ~FYg? IIFY98 Figure 2. General Fund - Percent ~)f Actual vs. Budgeted 'l'(md I.'~c ,,t' I"und~. SPECIAL REVENUE FUNDS ,ICTUAL VS. BUDGETED REVENUE Okccchobee Basin Fund I'-5'98 is running just ahead of I"'1'97 (100 vs. 99 percent) for this same pcn,,d..'\d valorem tax collections arc running even with I"5'97 levels while intcrgm'crnmcnt:d revenue runs behind and interest mcr~mc, pcrmtt fees, and other inc(m~e run :d~cnd Big Cypress Basin Fund 1:Y98 is running even with 1"Y97 levels (107 vs. 107 percent) for this same pcr~,,d. Ad valorem tax collccttons are running even w~th [''5'97 levels while intergovernmental revenue, permit fees and other mcr~mc run ahead and ,nterest income trails. Save Our Rirers Fund Revenue collected as a percent of revenue budgeted for thc Save ()ur l~.ivcrs fund running ahead of 1:5'97 levels (112 vs. 83 percent). S IVIAI Fund Revenue c(dlccted as a percent t~f revenue budgeted for thc SWIM fund ts rtmni ahead of FY97 levels (102 vs. 9 percent). Of thc S2.8 million of prolcctcd I.'Y98 SWIM revenue, a large percentage is "pa~sed tlJrou, gh" thc District from (;--3 DI~P l"tind Rc'x cmic collected a5 a p~.'rccnt of revenue Jmd);ctcd fi)r tl~c l)l'~l~ fund bob,nd I"','97 Icvcb, (g6 vs. 90 percent). COE Fund Rcvcnuc collected as n percent of revenue budgeted for the Cf)l:, fund is ~tmnm:,,, behind <~N/I'W97 levels (4g rs. 58 percent). IRL Fund Revenue collected as a perc,:nt of revenue budgeted for thc IRI. fund behind I:Y97 tcvcls (104 vs. 124 percent). Si~I';CIAL REVENUE FUNI)S I'¢rccnt of AcluM vs. Budl~elcd Total ~ ~0 -",'; ,f llmlgct-'d C{fllecmd.___ 80 60,- 40J- O OKE BIG C ,';;OR S W Il',! DEP COE IRI, Through l:.lcvcn Months · F'¥97 · F Figure 3. Special Revenue Funds- Pcrccnt of Budgeted Total Revenues. ACTUAL VS. BUDGETED EAT'ENDFFURES & C03ffM1TaIENTS (See triggrr 4) Okccchobce Basin Fund Actual CXF, enditures as a percent of budgeted expenditures and commitments for thc Okccchobce Basin fund are running just ahead of t:Y97 levels (86 vs. 81 pcrccm) for this same period. Personal services expenditures and operating expenses arc running just ahead while capital outlay trails VY97 levels. Big C)7~rcss Basin Fund Actual cxpenditurcs as a percent of budgeted expenditures and commitments for ~hc Big Cypress Basin fund arc running ahead of I"'Y97 levels ('75 vs. 68 percent) fc~r tins same period. Personal services expenditures and capital outlay arc running behind !:Y97 levels while operating expense runs ahead. G-4 $:~ rc Our Rivers Fund .\crt,al cxpcndm,rcs as a percent of budgeted expenditures and conmmmcnts for ~hc Save ( )tlr Rt.'ers fund arc rt,nmng behind FY97 levels (81 vs. 93 percent) for th~s same period. S IVl/~l Fund ;\cmal expenditures as a percent of budgeted expenditures and comn'mmcn~s f<~r thc SWIM fund arc running ahead of 1:Y97 levels (81 vs. 76 percent) for this same period. DEP Fund Acm:ti cxpcndimrcs as a pcrzcnt of budgeted expenditures and ¢ommi~tncnts f{, thc [)I(P fund are nmnmg behind 1:Y97 levels (87 vs. 109 percent) for tins s:,nc l~cri{,d. COE Fund .\cmal cxpend,urc,~ as a percent of budgeted expenditures and c(mmmmcnts for thc C( )I'~ fund arc mnnmg bchmd t:'1'97 levels (57 vs. 96 percent) for this same pcrl,,d ["I~V~.L Fund .\cm:d expend,rares --~s a percent ()f Imdgctcd cxpcmhmrcs and c()mmmncn~s f,)r thc l:P&l, fund arc rtmn,ng ahead of FY97 lex'cb, (95 vs 31 percent) fi)r lira, s:lI'm. pcr~(,d. IRL Fund :\ctual cxpcnchturcs as a percent of budgeted expenditures and ccmmmn~cn~s IRI. fund arc running behind 1"h'97 levels (57 vs. 100 percent) for this same pcri(,,t. SPF~CIAL REVENUE FUNDS l'ercen~ofAclual,,,~. Budgeted Total Useof % of Budgeted Committed or Expended 120 100 80 60' 40 20 0 OKE BIG C SOR l'hr,mvh I']cvc,~ SWIM DEP COE FI'&I, IRI. 81.597 II I.'598 Figure 4. Special Revenue Funds - Percent Actual vs. Budgeted Total Usc <,f l"t,nds. CAPITAl. I'ROJI~CT FUNDS O~ 7;'R VII;'W l:u,M,nR for ad vaMrem rel:m.'d capital prolects and B~g (~yprcss Basra capmd pr~lCC~S ~s derived dmmgh ~,peratmg mmsfcrs fr~m~ tl~e l)ismct's general. ( )kccclmbee ~nd Big Cypress Basin capnal pr~,lect flmds. I:undmg t;)r ~,thcr c:q~;,l I)r()lCCtS such as Ih()se ass()cmted with I~verglndcs l(cst()ran()n nmi Save ()ur [(Ix'ct. pr()leCts ~s derived from de&cared revenue s()urccs and nrc scl(l>alancmg. Thc pcrccnt t)f funds c()mmntcd c~)mpared t,) funds budgeted ~s illustrated m l:~guzc 5 I)I.';TRI(:T I~ROJh'CT.~ ( )f Ibc 52.1 mflhon budgc~e~', for [)~smc[ pr~lccts. 58~5.83~ 0,r 4(t pcrccm) has bt'c:: expended ~r ~s encumbered. The ];TgB uncommitted ,~r tmexpcndcd b:dancc ~, ]~-5() rcnox'nll~)ns B-I nddni,m/repa~rs AI):X m~pr~,vcmcnts B-I emergency ~,perau~ms comer OKhl:'(.'llOBl..'lf BA.VIN PROJECT?; ¢ )f thc S7.3 million I)udg, ctcd fi)r ()kecclmbcc 15asin [W()lC(:Is. appr(,xmm)civ 56.4 mdh()n O)r 87 pcrccm) has bccn cxpcmlcd ()r ~s eIlcuml)cred. ['hc tmctmun~tted or uncxpcndctl I)alance ~s 5911,8111. Mal,)r omq~mcnts ~,( this include balances assocmted wtth: Upgrades/automation/hnrdenmg of communication and conrt'ol systems Rcfurl)~shmcnt/hardcnmg/rcldaCcmcn~ ~,flmrnp buildings/equipment Culvert replaccmcms C&SF prolcc~ modificnmm/rcp:urs Canal and levee maintenance BIG C}'I'RI;SS BASIN PROJECTS ()f die $5.2 million budgeted for Big Cypress Basm pr,,lccts, 52.0 mlllitm 0,r 39 percent) has been expended or is encumbered. Thc 1'Y98 t,nomm~,ttcd or uncxpendcd balance is $3,138,102. Malor componcms of flus balance include balances associated with: · Cocohatchcc canal structures · l.ucky l.akc control structure · CRI';W land acquisition G--6 R/I~2ORO 1~4.'v1.~ A C(~UISI'/70N IL';$1'ORA 770N PROJECIX thc 51~2.3 mllhon budgeted fi~r SOR/I~200{) prolccts, appr~xmmtcly 570.2 mdh~m 0~r 69 pcrccn0 has been expended or ~s encumbered. Thc 1:5'98 um:~mm~t~cd ~r tmcxpcndcd hal:race is 532,1.15,253. NlaF~r c~mq~,ncnts ~f th~s b:tlancc ~ncJudc hal;races :tsn~ ~<l:llcd with: ILAA, l!ast (5~:tsl Buffer and S()R/P2(}00 land ncqtus:ti~m K~ssmm~cc R~'cr land acqms~t:on Florida Bay land acquisiuon l.akc I latch",eha lismtcs The U.S. Department of Ir. terror recently ccnnmittcd to 549 milli(m f(,r I:.A.'\ ;u:d l".ast (5~ast Buffer rcstorarmm and land acquisition. GI.4 I)ES RI~STORA 770,¥ I')ROJI:'CTS ()f thc $134.7 million budgeted for l'~vcrgladcs Restoration prolccts, approxiln:tlcly 5766 million b~r 57 perccnl) has been expended or is cncuml~crcd. 'l'hc 1:'t'98 unommuttcd or uncxpcnded balance ~s $58,063,353. Major compc~,~cnts of this balance include balances :tssocmtcd w~£h: ,) l.and acqulslu,,n, detailed design, and omstruct~on FE3 L.t PR OJEC r.g ()f fi~c 5248,3(17 budgeted for FI".MA proiccts, approximately $232,987 (,)r 94 percent) has been expended ~r ts encumbered. Thc 1:5'98 uncomm,ttcd ~r uncxpendcd balance is $15,320. Malor c~mp~ments of this balance include balances associated w~th: · Canal/levee bank stabilization/rcstorauon · lmpcrml B(m~ta l';states FLOR/DA BA ~' PROJECTS Of thc 53.4 mllhon budgeted f(~r l"Ir~rida Bay projects, 51.9 million (or 58 pcrccnl) has I)ccn expended ~r ~s encumbered. The 1:Y98 unconm~ittcd or uncxpcndcd balance is 51,426,188. Malor componcuts of this balance include balances associated wllh: Pun'q') stau~m aut(mmt]on (;-I11 ctmstructi(m a.d water quality C(}['; cost share 8.5 square mflc area Florida Keys waste water master planning G--7 CAPITAL PROJECT FUNDS ' I',.'rccnt ~lrAclual s's. []t~dl!l¢led Total Use f~f I.'und,; ",, of Budgeted Committed or l':xpendcd I f}ll 80 ?0 30 I 0 I) 1.~'I' OKE II1¢; 1' %OR EVER FEM.'i, FI. BA~ Figure 5. CnpitalProfcct Funds- Pcrccnt of Actual vs. Budgeted Total Usc of t:unds. MISCELLANEOUS TOPICS Thc impact of 1"5'98 contracts on thc coming FY99 bt, dgct is: Total Impact: $66,244,226 *Ad Valorem Impact: $7,126,951 Other Sources: $59,117.275 *FY98 Millage Impact: 0.026 *l~tv~/ades reslora/ton Z¢ not inc/uded in lhe ad valorem and milh~e caladations because iz is onl. y ?arlia/.lyJhml,.~t from ad valorem/a.v ,'olle,'lWns. 7'he ad valorem milla.~e is fi. x'ed a! O. I mdl~ for (;.-g ci o' o OU o o -f '1 ! 2 1 6Gl q!, 16Gl ~ o Z ,D ~o ~o> >~- .: o~o ,/ s g~o ~oF., o~ § 'il I 11 °1 o~ Oll ,il ~o> °I° oo o 1 6 61 16G1 5';- ,~o~o~oo r, (j ,I 'l O~'rJ <21 0 ¥ © 0/ 01 0~-~ ..a~o .rew~ ~:o >,.'5 'I co' tm :/ :1 oo~ E~ ~:0 ~o OU >~ c o o o ~ 16Gl ,,~t ,3 16Gl ,1~ o o °§~ ~ 16Gl .N~ o°888 ~ ~ ~ o e ' o o~o o~ ............ u~=~ ~8~:~8 ~g ~ ~ .......... o ~ oo g 16Gl ,I~ ~ oo o ~ o§§ § ~§ 8 oo o 1 6Gl *~ SUMMARY OF HYDROLOGIC CONDITIONS IN BIG CYPRIt. SS BASIN OCTOBER 1998 S U M_~tA RY ()ctf)J~cr ~s usmdJy thc tr~msition month J~om our wet sc~lsofl to d~, sc~lsog. The tr;lil~ltlo;~ occ~lrrcd ;1 little c~trlicr this )'c'~w, making it drier th;in usu,Il. Surface w;ltcr ;md groundw;ttcr lex'ds wurc near J, nlg tertll aver;igc ]('reis ill ()ctobcr..Most of the w;lter dg' scas, m opcr:uin,~ m,.dcs. Backpurnping systems were set to ;ItJtoII1;ltiC w;ltcr Jure[ c,mtrollud t)pcr;It~rlg modes. i~ I ~FA I.I= ILL, in w{de r;fin averaged 3.02 roches, or 7~ percent of mch~s). Momhly total b;L~m rah~{dl ranged tTom a Iow or' 0.59 lush of 7.00 U~ches ;it the M~les Chy St;itc Forestg, Tower. 'llw h;L~m wet roches, wh{ch ~s 94 percent of' tl~e h~sto6cal average, while the year-u)-d~te total of 47.69 roches Js 91 perccm of thc average. .'~ surnm~ ofn6n~J rc~orded ;It v~ous stations ;~cross the b;L~m m ()ctober is illustrated m 'I~/~/~ ~TREAMFL~,~S AND GROUNDWATER LEVE~ Surface w~rer levds ir, the canals were near long term average levels. The aver;,ge outflows from fl~c (;olden G~te Mmn C~nal, F~a UrlJon C~a], ~d I lenderson Creek C~nal h~ October were respect.vdy 790 cfs (510 M(;I)), 600 cfs (3~7 M(;D) and 67.5 cfs ~.14 MGI)). Mosr-of ~hc w;Jtcr comrol s~mctures wcre set to operate at their dg' sc~L~on schedules m ()ctober. A summ;~g, ofsurt}~cc w~uer s~agc hydro~raphs ;~t sdec~cd sram,ns Js ~llustr;lted h~ l~{fatr~ The grrmnd',v;~tcr levels m the surficial water table and m thc lz~wer 'r~mmmi aqtnf~.rs rccr~rdcd a mix of sli~,,ht increase and &'creases during the month. The key indicator wells in thc w:~tcr recorded ;m :wcrage increase ~,f 0.34 I~ot, while the lx)wcr Tami:uni and the Sandstone recorded ;wcragc decreases of 0.0l and 1.69 ~cet rcspccnvcly. I [ydrogr~phs o¢ selected wells .irc illustrated m I'~i?~r g. WA'i'[~ R USE The :lV~r:l,g~ dali)' raw W:ltRr pumpage I)~ the three maj~r public water utilities m thc during ( )ctol)cr arc ;~s [])llows, ;llld illustrated in l;~l~t~ ~. Average I)~ Raw Water Pumlwd k'nllty i. City of Naples \Vater Utility 2. Collier County Utilities 3. M;trco Isl;md \Vater [Jfilitv M(,;D October I998 ~!,:tol)c'r 1997 16.11 16.82 19.14 18.43 4.71 ,i.30 ' Surf~ce ~valer withdrawal fr~m~ rock pit only. 'lt~e grounckvater levels in the surllcial water table and in the ]z~wer 'l'~i~mi acluitk~rs recorded :t mix of'slight mcrc;~sc and dccrcasc, s during the month. 'l]~c key indica,)r 'wells in thc w:ltcr recordrd :m ;~vcr;i~c. mcrc;lsc ,d' 0.34 t]-~l, Mule ll~e i~wer 'l':tmiami ;md thc S;mdsl~mc aClUi~.rs recorded :wer:lge decreases of 0.01 and 1.69 feet respectively. I lydrographs of selected wells ,irc illustrated m I:~gtae d. The aver:igc daily raw w;~ter pumpagc by the three maior public water utilities m thc during ()ember are as l~lMxvs, and illustrated in lr(gtttr ff. Avenge Daily ~xv Water Pump~ 1. City o[' Naples \V:ucr Utilily 2, Collier County Utilities 3. Marco Island \Vatcr Udlitv MGI) October 1998 ()ctgbcr 1997 16.11 16.82 19.14 18.43 4,71 ,1.30 ' Surf:icc water withdr:u, val t:rom rock pit only. STATION INDEX NO. R-1 R-2 R-3 R-4 R-5 R-6 R-7 R-8 R-9 R-10 R-11 CC)COl IATCI fI'~F S'I~UCI'URI.~ # I R- 12 SII.VF.R GROVI.: R-13 BCB FII.:I.D STATION R- ! 4 COIJ.I F.R/SI:.M 1 NC STA 'I '1 .~ PA R K R-I 5 BONFI'A SPRIN(; WATF. R PI~-kNT /R - NO RI'iPORT I CURRENT LONG 'I "EKM ~DAR AVl MONTH AVERAGE YEAR 1998 CAL 1998 FOR TI/IS CUMULATIVE y ------- MONTH TOTAL 'FO ;CY 4.34 4.06 49.81 4 COI.I.I F.R COUNTY 2.54 3.49 44.77 COURT! IOUSI:. 4 COI J.II'~R COUNTY 3.32 4.31 60.1(I 5 I.ANI)FII.! (~(JR KSCRI.~W 2.64 3.87 53.79 S\V.\Mp S.\N(71'ILtRY FAKAI I,.VI'CI 1.:1.: S'I'IL~NI) S'I'? I'E 2.15 3.26 I'RILSI!RVIi (;OI.I)I:.N (;.~ I'l': '~ -, ~.,2 3.74 FIRI.~ STATI()N ti2 '52 IMM()K,,\I ,Iii: 6.66 3.78 51.06 I,.'\NI)I:II,I, -17. IFAS (INST. ()1: 2.02 3,20 32.87 I"()OI)/A(;RI.S(II'L) 46. N. IMMOKAI.I '.1:. MARCO ISI.ANI) 1.23 4.38 34.33 50.; R.O. PI~'\NT MIl./Lq CITY 7.0(I 3.47 53.3(I 57.11 S'I'ATI'~ I:ORILqT {y N/R ) 3.10 4.10 48.30 52 0: 0.97 4.79 48.56 523,~ .I.; 0.59 3.89 4832 5; 0.56 3.80 41.80 50.31 TABLE I RAINFALL REPORT - OCTOBER 1998 DI STRICT/BASI N RAINFALL STAT/O NS (ALL NUMBERS ARE IN INCHES) STATION YEAR TO DATE CONSI'~R\'ANi ~ 49.88 47.82 58.76 54.25 1.ONG TF. RM ~q'~.Rl .Y AVERAGE 53.06 52.43 63.12 57A4 64.21 54.53 51.39 48.09 54.71 60.97 56.66 56.49 9.31 54.53 ..~ 0 S3HONI Z 16[ 1 MONTHLY MEAN CANAL STAGES AT SELECTED LOCATIONS GOLDEN GATE CANAl. AT WEIR 1 0 0 0 GOLDEN GATE CANAL AT WEIR 4 Jam Fel~ Ma~* Ap~ M, ay Juo ,Jul Aug ,~ep Ck~ Nov Dec GOLDEN GATE CANAL AT WEIR 2 O · O GOLDEN GATE CANAL AT WEIR 5 ,O 0 O. 0 0, 0 0 0 M( X'SCl ] I GOLDEN GATE CANAL AT WEIR 3 Jan Fei~ Mar A~ M~y du~ J~ A~ Sep Oc~ Nov D~C M{ )N*I11 ' ' Tf lIS YI';AR:' 1998 - o I.ONG TERM AVERAGI.; ---"- WEIR CRi~"I' FIGURE 2 ~3 12 MONTHLY MEAN CANAL STAGES AT SELECTED LOCATIdN~ ~ I ~ COCOt[ATCHEE CANAL AT CR 951 o O 0 FAKA UNION CANAL AT WEIR 1 Jun Ju~ Aug Se~ Oc~ ~ Dec AIRPORT ROAD CANAl. AT CR 31 SOUTI l 0 0 0 'i COCOtlATCI lEE AT WILLOUGHBY ACRE! O O Jun Jul Aug M~: }rTl] I IIENDERSON CREEK AT U.S. 41 O O ,3 2 ! .~n Ir' ~-~-'~ ~----*~~- -- j ~ Mar A~ ~y j~ j~ ~ ~p ~ t~ ~ )rTl] o I.ONG TERM ..\~ i.;R..\(;E / _--_:- WF. IR CRiLqT FIGURE 3 U 0 U O- ~l'?,'l~ i'f,",( )t|¥ .I:E'I-I © Z 0 0 0 0 0 0 ; o 0 ' I',~'}~1 :'1^( )il ¥ tl:'l?l.I WATER USE BY MAJOR PUBLIC UTILITIES 1998 24 22 2O 18 16 14 12 10 8 6 4 2 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT MONTHS + CITY OF NAI)I.IL':, "O" COI.LIF. R COUN'Ih' ~ MARCO ISI~'\NI) FIGURE 5 STAFF ACTI'vTI'Y REPORT BIG CYPRESS BASIN November 1998 OPERATIONS AND MAINTENANCE A. Structure Maintenance All structures are fully operational and are currently adjusted to comply with the dr5, season operating criteria. State Road 29 Nos. I through 8, four gates at Miller No. 1 and two steel logs in each bay at Prairie arc open. The rest of the system is closed with tile backpumps on automatic. Canal Maintenance We }lave one aquamog working in the Faka Union Canal south of Faka Union No. 4 and the second aquamog working in tile Cocohatchee Canal between Cocohatchee No. I and Cocohatchee No. 2. The dragline is working in the Corkscrew Canal removing shoaling and repairing washouts. A mowing cycle is currently in progress system wide. Vegetation Management The Vegetation Management Technicians treated 54 acres of Ditchbank weeds, 32 acres ofemersed vegetation, 10 acres oftloating vegetation and 6 acres of submersed vegetation. o WAI'ER MANAGEMENT PLANNING t~,. Big Cypress Basin Watershed Planning The hydrologic-hydratzlic (ti&H) model development is complete. Basin staff' is applying the model to perform design hydraulic computation for Cocohatchec l'hase llI-B and Phase IV improvement plans, and for the Gordon River Extension plans with as-needed assistance from Dames & Moore. The draft final report for Task D ('Ecologic Assessment of Existing Conditions and Identification ofTarget ttydrologic Parameters for Restored Conditions) of the Ecological Assessment contract with URS Greiner. lnc. has been received. The report is being peer reviewed under the District's Expert Assistance l'rogram. So.them (;olden Gate Estates Restoration Planning (i) The NRCS Watershed Planning Assistance Cooperative Project is in progress. An intcragency working group, with representatives from the Corps of Engineers, U.S. Fish and Wildlife, Natural Resources Conservation Services, Department of Environmental Protection, Game and Freshwater Fish Commission, State Park Service and Division of'Forestry, has been assisting the study design and collection assessment of' vegetation, soils, and ecologic data for Southern Golden Gate Estates. Installation of shallow groundwater monitoring piezometer wells was completed, and biweekly monitoring is being performed by a group of volunteers from the Conservancy of Southwest Florida. Field surveying of'channel cross section has been completed by Coastal Engineering Consultants and delivered. The interagency work group and NRCS has identified seven vegetation/soil survey sites and installed shallow groundwater monitoring wells for the second phase of the study. (ii) The Assistant Secretary ofthe Army has approved the letter report developed jointly by the BCB and COE stafffor 50 percent Federal funding under the Critical Restoration Project Funding initiative (WRDA, 1996) A draft project cooperative agreement and Section 215 agreement have been prepared and are being reviewed by the Offices of Counsel of SFWMD and COl:,. The Basin and COE staffmet on November 17. 1998 in Jacksonville to streamline the next phases of project development. (iii) The acquisition process has been accelerated after the recent settlement agreement. On October 13. 1998 Governor Chiles and the Cabinet voted unanimously to approve buying 8,526 acres from Avatar Properties. Inc. After the closing of this parcel, approximately 93 percent of land south of Stewart Boulevard will be under public ownership. CAPITAL PROJECTS A. Cocohatchee Canal Improvement.~ (i) Zep Construction, Inc. of Fort Myers has been awarded the construction contract for Phase lll-A improvements, and construction is underway. (ii) Zep Construction is also the Iow bidder for construction of Weir No. 3. Tile District Governing Board approved the contract, and the preconstruction meeting has been scheduled for December 4, 1998. (iii) Tile award ofconstruction bids for Phase lll-B excavation to Gilbert Southern Corporation has been approved by the District Governing Board. 10/21 !i, I,ucky i,ake Structure Tim Administrative Law Judge ruled in favor of the District in the administrative hearing related to the environmental resource permitting The FDEI' and COE permits have been received. All rights of entry permits have also been received. Land certification is requested from the District Real Estate Division. Request for bid documents are being processed. PUBI,IC OUTREACii lwenty-two presentations of"W'ater: Sharing the Resource" were made to over 500 third grade students at four elementary schools. Three presentations on wetlandsffwater management and the math involved in calculating water storage were made to algebra classes at GulfCoast ttigh School. A presentation on water conservation to the Girl Scout Brownie Troop No. 656 helped eight Girl Scouts earn water badges. Two presentations on the USACOE Restudy were made to science classes at Naples High School. Chaperoned third grade students on a CREW field trip as part of'the Water Resource Education Partner Project with Collier County Public Schools. The program is Funded by SFWMD with the contract managed by BCB. DIRECTOR ACTIVITIES Attended Collier County Partners in Education Luncheon. Meeting with Wilson Miller to review proposed Winding Cypress project. Meeting with Wilson Miller to discuss Valewood Drive Beautification project. Meeting with Division of Forestry and U.S. Fish and Wildlife Service to discuss restoring sheetflow south of'I-75 10/23 10/27 I 1/02 I 1/06 11/12 i 1/I 3 11/14 11/16 !1/17 I I/l 8 11/19 ! 1/20 Status report on BCB Critical Restoration projects, WPB. Meeting with RWA to discuss restoring a llov,'way from Golden Gate Main to f lendcrson Creek. Presentation on Corps of Engineers Restudy. Tampa Attended County Commission meetinu and spoke on Lake Trafford Restoration Met with County staffto finalize Water Quality Monitoring program cooperative agrcenlcnt. Attended Governing Board Workshop, WPB. Meeting whh Scott Glazier to discuss Cocohatchee issues, WPB. Attended Cocohatchee Phase lll-A construction progress meeting. Interview whh WINK TV; Attended Lake Trafford fundraiser dinner. Meeting with Commissioner Norris to discuss water resource issues; Working lunch with John Boldt to discuss regional projects; Attended CARL land acquisition meeting. Attended County Commission meeting and spoke on Lake Trafford Restoration. Attended Whitaker Center Advisory Board meeting. U.S. Geological Survey water quality update. Attended Governor's Commission for a Sustainable South Florida meeting, Miami. Attended Governor's Commission for a Sustainable South Florida meeting, Miami. Q----- Managemen 1 6 6 1 South Florida Water t District I~ig Cyprc~ B.'~sln ·/,O~'~.l.mc~ [..mc · Nal,lc,' I"l. ~'4109 · ~'1-11 ~ ~(t7-1 ~1~ ....... J"ax(9.~)) ~97-.:u~F.Sum,,ta 721 7U2~) PRO SOR CRFAV TO: FROM: DATE: S t/IL/E C'I': MEMORANDUM Big Cypress Basin Board Clare,ce Tears. Director. Big Cypress Basin November 23. 1998 Stalus of CREW Acquisitions At the November 199~ mecti,g of. the Governing Board o£ the South Florida Water Managemu;, District. tl~e Board approved Ihe purchase of'six parcels totaling II fi acees of'land These parcels arc locate(] in Sections 2.1. 26 and 36 TWP 475. RGE 26E within the southern portion of the Flint Pen Strand alea o/'CRIP. V al a cosl of.S I 5 l,O00 C'lY~q h V~'llham II.,m*r,,,,d. i.'ha*rlmm. I:~ ,,iti,,, - I t M~cr, .'M.m k,,n',t - X.,i,I,., Klhn f;,~'~z · N q,l,.. $.,,,.,,.1 I': I',.,,h. III. t'Xc,,,m'r Iht,, r,,, Clau,ha I)a~t-,q,,ee l'-~c~al.,h', ('m I','d N. 'J'h,,ma,.Jr. Imm,,k.,k.t. (;a,re, S. R~chrt'r · X.q,le, CI.m.,,,,. S *t ,.ar,.Jr.. Dm'ct ,r. [hg Lkp,.,, I)is~da i ieadq.ane~..1301 (Jun Club Ii.ad. P.O. Box 246~0. [Vc~t P, dm Bead~, FL 33416-~80 · (561) 686-88(X), ["I. ~VA'I'S I-8(1)-432-2(H5 bJ Z L~I 576 577 1071 1236 1240 1276 1286 1287 1295 1299' 1314' 1356 1484 1485 1531 1541 1551 1676 1677 1678 1679 1680 1784 1848 1849 BIG CYPRESS BASIN VElilCLES AN~UIPMENT VEitlCLE DESCRIPTION YEAR USAGE AS OF i 0/98 Airboat 1985 Trailer - Airboat 1984 Case Back ltoe 1988 Trailer - Johnboat 1990 Brush Bandit Chipper 1990 Aquamog 1991 Airboat 1991 Trailer - Airboat 1991 20 Ton Little Giant Dragline 1991 ~ Ton GMC Pickup Truck 1992 ~ Ton Ford Utility Truck 1993 DA Ton GMC Pickup Truck 1992 DA Ton Ford Pickup Truck 1994 Buick Century Sedan 1994 Aquamog 1994 Trailer - Mower 1994 Mower Deck 1995 GMC Jimmy 1996 DA Ton GMC Pickup Truck 1996 i ½ Ton GMC Service Truck 1996 Ford Bronco 1996 Ford Bronco 1996 Trailer- l.andoll 1997 Posi-Track 1997 International Dump Truck 1997 EXPECTED Li FE 1 MILES/ YEARS ttOURS 2,081 10 5,000 1{ N/A 10 N/A 3.190 15 10.000 H N/A 10 N/A 234 10 5.000 H 6,826 15 5,000 it 1,670 l0 5,000 H N/A 10 N/A 15,614M 15 10,000 It 4,920H I16,588 N/A N/A 1,808 N/A N/A 87,406 7 100.000M 69,470 7 100,000 M 65,632 6 100,000M 3,196 15 5,000 It N/A 10 N/A N/A 10 N/A 42,696 7 100.000M 32,087 7 100,0d0M 26,654 7 100,000M 57,560 7 100,000M 41.054 7 100.000M N/A 10 N/A 420 10 10,000 H 12,042 10 100.000M REPLACEMENT YEAR 2001 2001 2003 1999 2000 2006 2001 2001 2006 N/A N/A 2000 2001 2000 2009 2004 2005 2003 2003 2003 2003 2003 2007 2007 2007 * Vehicle Pool South Florida Water Management District Big C,sprc,~ Ba~;n · 64~9.J.mc, I,.me · N:,plc% J.'[, ~4 l~)u - (941 ~ [".~x l't41 ~ g'C- a9,~7 · Sunc~rn 721 -7920 RI-~S 16-14 (l,WCWSP) TO: FRO.M: I)ATE: Big Cypress Basin Board Clarence S Tears. Jr. Director. Big Cypress December 3, 1998 S{;ILJECT: Retreat Agenda Item No I I,ower West Coast Water Supply Plan Jim Gross. Project Manager fi)r thc l,owcr West Coast kVater Supply Plan will provide the Basin l~oard with an overview of thc Florida Statues that govern the water supph, planning process. An advisory committee has been established to provide input in th~ development o£a water supply plan for the lower West Coast. Chairman itammond will be the committee chair and Board member Davenport will be a member o£ the Advisory Committee. Mr. Gross will then explain the roles of' the Governing Board, the newly formed Advisory Committee and staff in the development of the l.ower West Coast Water Supply Plan. Attached please find a copy oran interesting article from the Florida Water Resources Journal and a listing o£the members on the advisory committee. CST/ia Attachments t~e,.,~x Dis~ I i~qu~eg · 3.~i Gun Club I~1.1'.O. Ik,x 2~. W~t Palm t~ch. H, 33416-~) · (561) 686-ggtX). I:1, WATS 1-8~-432-2(H5 16G1 Watc ' Supply Planning in Florida ater supply-rchHcd i,r<,hh.ma cxiM to varying d,'gr,.,... ~ ~a~er ~(bdrnwal~ bare iner(.ased leas over Ibc all rckqons of I"lor~d;~ l"or some arr::L,,. Ihe prnsp,.ch, for than Ibc rate of popuhdinn i~m~th, there is lit[lc evidence projected {o steadily increase {n about 20 3 million by 20"0 r)l'tcint, but usually at hi,mr coals [ri;in in tile Il;La[ As lbo aisle's impula, further demands on wa(er re. sources Ih:d are already str(.s~.,d in lion and economic adivlly expand, colnpe{iliorl [or [inJJe ~vaH,r terra[fl resources is a ~o'aing source of conflict I~[wcen the needs of natural systems and a~icu { Jral, industrial, and urban interests These increasing water scarcity problems are compounded by Ibc serf- continuing risk that existing and potential ncw supplies may domestic experience ~mlarnmation from a va~ety of sources, such aa septic d% tanks, mu nicipal land hlls. ind us[riM wastes, ltnd almicultu raI prac- Ag rJGU Jl UfO [ices. Given these circumstances, thc need for comprehensive 45% re~ona] wa[er supply planninK bas emerged ~s a priority M m, issue. in; 997. tile Florida L,,gi:,la{ ure enacted Chapter 97- I tX)/[~tws of Florida. substantially revising Florida's primary water la'~,. Chap. [er 373. Florida Stat,les. The new law clarified water supply responsibilities bydircctingtbe five water management districts to establish water supp;y planning regions, conduct district-~ide assessments of the adequacy of existing and reasonably an[ici. pa[ed water supply sources, and iuitiate regional wate~- supply I,lanniug for those plan:ling ret.dona where existing or ,'r'ason:thJy anticipated water supply sources are determined inadcqua{e lo rile(:{ 20-year projec[ed nj'{.,ds. 'J'b(: water marlagl*rll~,uf. were also assigned Ibc primary responsibility for eonducling resource development, while primary responsibility for wafer sup- ply d~velopment v.'~s assi£med lo I,)eal governmenla, rob, JenaI water supply authorities, and private utilities. '['lie new legislation. section 373.0361(5). Florida Statutes. nJso requires DEl' to submit an ltflUtlaJ report to lhe governor anti legislature on tile .~l;'ttus regional water supply plnnning Water Use in I:lorida No state east of tim Missia.';ippi River consumes niort, .,,~, ,.~ - .:, .',~ .... ,:~/~ .....-.,~ ,~. -. · . wa{er Iban Florida As indicated in I"qolr~. I. I"loridulu~ nj)out 7. I I)Jiliol) 8allons of fresh water i)~.r (lay itl Recreational Irrigation 4% Commercial- Induslrial ,10% Thermo- electric 10% Public Supply 29% /"2¢tlre 2. ~'rc.*;tt Il}tier ll'tl/tdrtlli'tll.¢ bL/ Ca/ciTer2/.. 1.90.5 'He largest sitl/,de use of fresh water is agriculture, followed by public supply, thermoelectric power plants, self-supplied cna mc[- cial-industrial uses. and self-supplied domestic uses. As indicated in Fibre 2, ~iculturM irrigation accounted :or a~ut 45 percem of the term 1995 fresh water.se, compared to almut 2g percent for public water supplies. About ~ixtymne percent of term fresh water used in 1~5 was from ~onnd waler sources. About 13 2 {over ~) of Florida's l.i 2 mtllion residents rely on ~oundw;m,r for drinking water (I I 2 million for public supply systems and 2 million from self-supply} Water use varies widuly ;tromJnd thc state. As ifldJc;th.{J ~)v ["i~re 3, ~eatest withdrawab, occur in the ~uth Florida Man.men{ District. while the lowest ~ithdrawMs occur m the Suwannee River Water .M;m;tgcmcn{ D/strict. qtmse trends rc lb:ct Water SUl)l)ly Ass~'ssnltmts, ['];trlningr Regions and I'lan Developmcnt llistrict.widr, ~vah.r supply ;I%NOSSIII(,[I[S are undvr-,~ax ,,r boeu eornj)ietvd I}y ,';wh ~at~.r fnHnll~l,lllen[ district, and ;t [/,{;ir , 17 water supply l,l:tn n inl$ r{.Lfi¢ul.; have b{'on estnblishpd A [)Jllfllllll~ hOrlZoll of 2020 S~',Ih {'hllsl'n for J)lltll l'(.l~llllliil develollin~ a silmjlle ~val(.r ~Ulq)ly I)hsn (.lleC}nll)llssil:~ Ih,. ('nlm* district. '[Uiree I'{'l$l(,~l;t] ;~;ll{'l MIIIJJI) iH;Itl~ ar(' ('iii ii.ilia% tHici( f development in SWI.3VM [} In [J'~[',M D. ii w;Itcr supply [)[nfl for I"IX)ItlI)A WATER RESOURCES JOURNAl, · OCTOBER 1998 · 27 4 1975 I1980 B1985 11990 11995 1 6Gl 0 NWFWMD SJRWMD SFWMD SWFWMD ~re 3. 7blal Fresh B'at~r ;Vit/ulra u,~zls biz aler ,4(aru~llc, w~tt District [1975.1995J SRWMD Lower West Coast Planning Region was completed in 1954. 'lq,is plan must be revised {o comply wiib tl,e new statulory require- menls, In February 1998. SFWMD completed a wa{er supply plan for the Upper East Coas! Planning Region lhat compiles with Ibc new stalu{ory requirements. In March 1998, SFWMD approved an in- terim P]a.n rot {he Lower Easi Coast Planning Region, but it's finalization must await completion of the Comprehensive Review Study (Restudy) of {he Central and .Southern Florida Project. As soon as practicable, all regional water supply plans initiated or BI0CUBETM AEROBIC BIOFILTER For the Treatment of Odors Naturally Oxidizes Odors From: · Lift Stations · Headworks Ctarifiors Sludge Procossln~~> ' Solids Handlin9 -.~ Advantages- ' Low Maintenance - NO Chemicals ~ AMETEK BIOFILTRATION T~I: (~14) 246 37fl ra~ (~14) 24G'3802 Represenled in Florida by Equipment Plus, Inc. Lakeland Office: Ocala Office: (941) 644-1038 (352) 237-1869 comple[,,.cl prior to July I, 1997 :'.'ill be revised to conform h) requirements of the 1997 amendments. Summary of i.~isia~ve Requirements and Progress fo Dale WMO Planning Regions Assessments Established Completed Plans Plans Inifiared Comp~eled NWFWMO 7 7 SRWMD I 1 SJRWMD t r 1 SWFWMD 4 4 3 SFWMD 4 4 3 Bu'dge/Considerations The water managemenl districts' budgets are not currently structured {o easily separate out the costs specifically for ~water resource' and "wa{er supply" deve]opment projects as required by the 1997 amendments. During {he development of regional water supply plans, and In worklngwilh the governor's office lo formulate a comprehensive budge{ review process, the districts v, ilJ develop the capability {o separate out the costs for these two activities as required by ara{utc. The total cs{{ma{cd funds budgeted for ~.g~{D activities relaicd to wale, resource development and water supply development during Fiscal Year 1997.98 are approximately $24 I mill{om Prospects Under Florida's current system of water management, water resouree~ are managed for multiple public purposes To be effec- tive. water supply solutions must be la{lured {o the needs of particular geoKraphie area.q, and consider the full range of polon. [iai water supply options. Regional ;valor sqpply planning, irnple- men{ed w~thin the context of comprehensive water resource plan- ning. presenis a monumental cimllenge for Florida, but its success is critical to meeting the fulure water needs of Florida's Krowing population while ensuring long-term sustair, abilily of the state's v.'nter resources and related natural svs elliS. Tho authors are with the Office of Water Po/icy, Fiends Depaamont of Environmental Protect{on 28 - OCTOBER 1998 · FIX)RIDA WATER RESOURCES JOURNAL ILl IJJ 0 0 LU LLI 0 0 0 0 0 South RES 10-12 (BCBWP) Florida Water Management District Big C'.*~rc~ Basin · I,Og9 J.mc, Lane · Napk,~. l"l. 341¢19 - (9-111 ~'~7-1505 I.'.tx !'141) 5'17~49S7 · Sum'.zn 721-7920 5I E 51 O !1 A N D U M TO: FROM: I)ATE: Big Cypress Basin Board Clarence S. 1'ears. Jr. Director. Big Cypress Ba December 3. 1998 SIJIMECT: Retreat Agenda hem No 2: Big Cypress Basin \Vatcrshed Plan P_~j e~c_ t St aLt~ The rapid growth of Collier Count)' and the associated impacts on stormwater management, water supply and envimnmenlal quality necessitated the Big Cypress Basin Board to undertake development ora regional watershed management plan beginning in FY 1996. The project involves perforating hydrologic-hydraulic (!l&ll) and ecologic analysis of an approximately 1200 square mile area of western Collier Count), as a singular unit representing the historic watershed: evaluating the performance of the existing canal and water control structure network facility in rneeting the Basin Board's mandated m ssions arid to formulate a plan to achieve those mission objectives by economically modifying segments ofthe existing facilities. The plan will be utilized as a guide map For future capital project construction and operation o£ the water management facilities in the Big Cypress Basin. The first two phases of the project that involved development of a set of calibrated H&I t models of the watershed, and performing an ecologic assessment of the key public conservation lands have been completed by contract consulting engineering services. The Phase III tasks of the plan have been initiated, llowever, in the interim, Basin staff is presently applying the If&II model to perform hydraulic design computations tbr the Cocohatchee Canal Phase IV and CR 951 Canal improvement plans as these projects were planned for implementation in FY 1999 and FY 2000. Soon after completion of the hydraulic analyses of these two projects, task activities on problem identification and alternative developments will be started. The project is approximately six months behind the original schedule. The fi&It model development process was delayed due to difficulty in simulating such a complex network of canal and water control structures through unsteady state modeling that was not anticipated by the contractor while bidding for the project. Staff turnover has also impacted the progress of the project Efforts are now being geared up to accelerate the pace of the remaining tasks and to complete the project by next year. A project flow chart and schedule is enclosed Thank you tbr your continued support and guidance in this important project CST/AN/ia Claudia Davrul~>tI - Ewrghdct C,t~ ["rcd N. 'l'h, mu..Jr. - Imm,,kah. e (;.~rrctt S l{ichtt'r - Nal,le~ ('larm.c S 'l'cat%Jt, l)irr~mr. Ihg C~]~rc~ [la~ n Dis~fi~ ! l~dqu:mcn · 3301 Gun ('lul, R,,.M.P.O. Box 24680, W~.t Palm lk'ad~, I"I. 33416-.~80 · (561) 686-88(~), Fl. WATS 1-8(~) 432-2045 RECEIVED MEMORANDUM DEC 2 8 1998 · ' t~ ( ~SS~Onet M,ge.a ~o~e~ghide n' ec-~Ag end a Date Agenda Item It TO: Sue Filson, Administrative Assistant Board of County Commissioners FROM: DATE: Derek Johnssen, General Accounting Manager Clerk of the Circuit Court/Finance Department December 28, 1998 RE: Miscellaneous Correspondence - BCC Agenda Please place the following items on the next available BCC agenda and call me at extension 8350 with the date and Miscellaneous Correspondence agenda item number. .,Key Marco Community Development District 1. Pursuant to Florida Statutes Chapters 189 and 190, the Key Marco Community Development District has submitted the following: (a) Minutes of Meetings held August 20 and November 3, 1998 Thank you ~a.ter Constantine '~c'Kie )err~ '.speoaf'.speoal Gaq/ Mo /er, P.A. 10300 Norfl]u:est Eleventh blanor Coral Springs. Florida 33071 (954) 753-0380 11,1998 I:INANCE i morandum To: Robert Fernandez County Manager c/o Collier County Governmental Center 3301 East Tamiami Trail Administrative Bldg, Second Floor Naples, FL 34112 Timothy J. Gillett Clerk of the Circuit Court Finance Dept. 2671 Airport Road, Court Plaza III P.O. Box 413016 Naples, Florida 34112-3016 James Reinders Sunbelt, Realty Group 870 Bald Eagle Dr/ye #IB Marco Island, FL 34145 Marty Redovan Schultz, Chaipel & Company 12660 World Plaza Lane Ft. Myers, FL 33907-3987 From: Reference Gary L. Moyer, Manager Minutes of meetings held August 20 and November 3, 1998 Enclosed for your records is a copy of the minutes of the meetings of the Board of Supervisors of the Key Marco Community Development District held as referenced above. GLM/cl Enc. MINUTES OF 1VIE~G KEYMARCO C01V~IUNITY DEVELOPMF. NT DISTRICT The regular meeting of the Board of Supervisors of the Key Marco Community Development District was held Thursday, August 20, 1998 at 10:00 A.M. in the offices of Ronto Developments, 3185 Horseshoe Drive South, Naples, Florida. Present and constituting a quorum were: James Reindcrs Des L. Farrell Thomas Owens Karen Welks Mark Taylor Also present were: Chairman Vice Chairman Assistant Treasurer Asst. Treasurer/Assistant Secretary Assistant Secretary James P. Ward Norman Blake Donald Henderson Mr. Roth FIRs'r ORDER OF BU~ Assistant District Manager Resident Resident Resident Ron Can Mr. Reinders called the meeting to order at 10:05 A.M. and stated that all Supervisors are present. SECONI) ORDER OF BUSh-NrESS Approval of the l~'Linutes of the June 3, 1998 Meeting Mr. Reinders stated each Board member had received a copy of the minutes of the June 3, 1998 meeting and requested any additions, corrections or deletions. Mr. Reinders stated on page five in the second to the last paragraph where I am speaking. I made a statement that the first tax certificate on Key Marco sold about a year ago, I did say that, but just as a point of information there were actually between 15 or 30 sold the prior year. I say that in part as a point of information. I know that the owner of one of those tax certificates has applied for a tax deed and there is a public sale scheduled for September 28th of next month. Mr. Farrell stated he bought that stock certificate in 1996. Mr. Reinders stated it would have been for the 1995 taxes bought in 1996 and now applied for a tax deed it is a First Union related entity as I recall. These are not incidentally Key Marco Development's lots. The Developer happens to be other ' SG1 August 20, 1998 ~ individual lots that were effected by that little group of certificates. This is the first such tax deed sale that we have seen. Mr. Owens asked how many were sold. Mr. Reinders responded between 15 and 20 is my recollection. Mr. Owens stated there are others that are out there. Mr. Reinders stated this may be a test case. We could come back to that and I just wanted to note that in conjunction with my earlier mis-statement in the minutes. Mr. Farrell stated this is true, but there is more to it. Mr. Reinders stated on page six in the 10th line down there is a sentence here attributed to me that says, "If you are looking at 43 certificates, you are looking at something roughly of about $150,000." I probably said $450,000 Mr. Taylor stated I noticed in here there were quite a few areas where Ronto Developments was noted and it should be Key Marco Developments as the Developer. ,,On MOTION by Mr. Owens seconded by Mr. Farrell ,,vltrhe,, .]]all in favor the minutes of the .June 3. 1998 meeting [[approved as amended. THIRD ORDE~ OF BUSINESS SLatus Report on Tax Certificate S,'He Mr. Ward stated item three is just an update for you with respect to those tax certificates that were sold for the current year. I think we had some lengthy discussion about that at your last Board meeting and what I provided to you was an analysis of all the folio numbers within Key Marco and which of the ones went to tax certificate sale and then the name of the owner of the property and which the certificates were sold. There were a total of 86 certificates sold for the current year out of 134 lots in Key Marco. That gives you the flavor of the significance of the certificate sales that are going on within Key Marco. It has a serious effect on the debt service assessments to and when these certificates do not ever sell at some point in the future. That is just for your information and update. They apparently all sold which was a good thing which means we received the money in and made the debt service payment or we will be able to make the November ist of this coming year's debt service payment. If you have any questions, I will be glad to answer them for you again and it will become an issue next year when we go make our debt service payment. Mr. Farrell asked is that on an annual basis? 2 August 20, 1998 Mr. Ward responded yes. Mr. Reinders stated at this point we are approximately a year away from when the bulk of these lots that have had certificates sold could see application £or tax deeds. Mr. Ward stated yes. Mr. Owens asked it was 86 for this year, but how many were for Iasc )'eat'? Mr. Reinders responded it was a very similar number as I recall. There has been no hesitation to date buying these tax certificates. They are as I recall about eight specific entities out there that has purchased certificates. Most of them seem to be going to parties to related to in some form or fashion to First Union National Bank. Mr. Farrell asked do you have any speculation there? Mr. Reinders responded I think they buy them theoretically as an investment. I think most people buy tax certificates where they bid the rate of return and they can probably sell them in expectation of actually acquiring title to the property. It will be interesting to see what happens on September 28th when the first home site comes up which for your information is lot five of block nine. Mr. Ward stated the ones that say no assessment levy on them are common areas, like the roads, guardhouse, dock master facility. FOURTH ORDER OF BUSINESS Public Hearing for the Adoption of the Budget for Fiscal Year 1998/99 and the : Levy of Non Ad Valorem Assessments Mr. Ward stated this is a Public Hearing relative to the adoption of your Fiscal Year 1998/99 Budget including the levy of the non Ad Valorem Assessments for both the operations and maintenance required for thc community and the debt service associated with your Series 1991 Bonds. Mr. Reinders asked do we open it to the public first or discuss a little bit and then open? Mr. Ward responded I would suggest that we discuss a little bit and then open it to any public comment or testimony and then close your public hearing. Mr. Reindcrs stated let me observe a couple of things by way of background here and I think we will find it all reflected in this budget, but to the extend it is not, we will address it. I will start with the least significant items. There is outstanding and due the County Public Works about $22,000 in past sanitary sewer billings for Key Marco. The County basically provides sanitary sewer to Key Marco by virtue of a Bulk Users Agreement that they have with Florida Water 3 August 20, 1998 Services and then they bill Key Marco. In the past they have been billing and I think inappropriately Key Marco Developments. There is an Agreement in place for the provision of water and sewer service to Key Marco that was entered into amongst others by this District and the County back when it was the County's requirement and belief that Key Marco was in the County's sera'ice area whe~ fact it is not, it happens to be in Florida Water Ser¥ices area. Putting that aside. they required as a condition of going forward entering into this Agreement and we did. Pursuant to that terms of that Agreement, these sanitary charges either the obligation of individual owners out there or the obligation o[' this District. It is clearly not the obligation of Key Marco Developments, the l)evclopcr. These have been accruing for some time, approximately two years, and are to the extent of about $22,000. The County is intent on properly billing these to the District. They run about $1,000 a month. The District has a choice of twing pass through those charges in some form or fashion pro-rata to the individual owners, but I suspect we are better off at least for the time being to simply pay them in bulk through the District and add them to our operating budget. I do not know that we can fairly pass those charges through to individuals residing out there and if we did those folks would be looking at a month sewer bill of excess of $100 if we did it on the premise that it applies solely to occupied homes. As to the past due bills, the County has also agreed that they are not entitled to charge water and s'ewer impact fees to individual owners out there pursuant to the terms of the agreement we did enter into with the County. Accordingly anyone who ever did pay them can apply for a reimbursement. One of the parties that h~s paid them in the past was Key Marco Developments and they paid them in conjunction with the dock master or irrigation meters or such items as that. There is due by way of rebate for those earlier fees charged the some of about S24,000. Assuming it is all right with everyone, what I have tentatively arranged here is that the County will give the $24,000 rebate to the District and the District will then pay the $22,000 old charges so we actually come out just a touch ahead and then in the future they will bill and I think properly on a monthly basis. We may also want to go'back and review the whole situation to some extent because we need to find out what is going to happen in the future. We seem to be paying some kind of fiat rate regardless of actual usage. That maybe good, if that does not increase in the future and we can get a $1,000 a month for 134 homes I would cor:-sider that a good deal. If they are going to change on us later on, we may want to review it first. I would be happy to undertake to do that to some extent. I am also pursuant to the 4 terms of that Agreement, in the process and have been for some time, and we have talked about this in the past, I have been trying for two years to get the County to reimburse this District what I consider to be excess charges that this District paid under that Agreement with the County. You may recall that we as a District, paid the County about $800,000 to defray their cost of running certain additional lines and improvements to the Goodland Pump Station and so forth in order to provide service. Mr. Farrell stated I did not remember the number. Is it $800,0007 Mr. Reinders responded yes. That in part contemplated that tile County would extend their water line from Route 41. They never did that and I do not think they currently plan to do that. We know that they did not spend that money. I believe this will go before the County Commission in fairly short order and I am optimistic that sometime in the next several months we will get that money back from the County. Mr. Farrell stated that will go to the District. blt. Reinders stated yes and I do not know what we are going to use it /'or yet, but we will look at that when we get thc money. Those arc a couple ofitems as it would relate to our budget because I believe this Budget will not reflect the addition $1,000 a month or so that we will incur as a result of picking up tile sanitary sewer charges. It does not reflect the possible receipt of these funds. Mr. Fan'ell asked is there any need to further follow up with the County on these? Mr. Reinders responded every thing seems to be in motion. I think I had some authority from this Board going back some time ago to try and pursue the $i34,000 settlement, if you will, with the County and I will just continue pace in that regard and keep you advised as we go along. Other matters of significance, we looked at a preliminary Budget at our last meeting when we set this hearing. The major change since that time reflects the possibility of this District. assuming certain functions that are currently performed by the H.O.A. in Key Marco as they relate to certain maintenance, primarily landscape and irrigation of right-cf-wa~. areas, and the provision of security to the community. Those costs in total are approximately $600,000. There are several reasons why I asked that this be included in the proposed Budget for your consideration. I will give you my thinking on it and then we can talk about it. Obviously this District is not required to assume those functions. I would like to think that we can perform them as efficiently and effectively, if not more so, than the H.O.A., but also we have August 20, 1998 reached a point in Key Marco where more than 1/2 of the home sites have been sold by the Developer although they still control the H.O.A. and as far as I know there is no current intent to effectuate a turn-over of that control. We may find that being elected officials in the District and functioning as we do, we might be more responsible to our constituency in the providing of these services. The reason frankly is that there is a problem with the collection of assessments against all of the home sites in Key Marco by the H.O.A. They do not have under the current circumstances a very effective means of forcing the contribution of assessments by lot owners out there. We, on the other hand, have a fairly effective methodology of doing that to the extend it gets added to the ad valorem taxes and appears on the tax bill. Those folks that pay their truxes will be paying it to the District in effect in lieu of the Association for that portion of that work and those that do not pay their tax bill, at least if the past pattern holds, we will still get the funds collected by virtue of the sale of tax certificates. If we reach a point where those tax certificates for any reason are not sold or not sold as to any pr~rticular home site, we have the same collection problem obviously at that point, but at least history would tell us that we are going to be better able to collect all the these assessments or these charges or these costs than the H.O.A. I think th:~t is relevant to us- as a Board of Supervisors and relevant to our electors in the community because if there becomes a significant level of non-collection, there is going to be a suffering of the standards of maintenance out there or the p~'ovision of security. I think that would have a negative impact on values ou~. there, so I think it is good for the Bondholder and I think it is good for the electors in the community that we would assume these services. Mr. Ward stated one other item, and Mr. Reinders focused in on it a second ago, is that it is good for the Bondholder. He is right when we started out by saying there is no obligation necessary for us to maintain it assuming we could do the kinds of agreement we have had in the past with the H.O.A., but you also have an affirmative obligation under your Bond documents to maintain that infrastructure and provide for its long term maintenance in a manner that is consistent with whatever you deem is appropriate for that maintenance. You have an affirmative obligation to do that. When you begin to understand and know that the assessments are not being paid through the H.O.A. the point that Mr. Reinders brings up and that is to put this maintenance obligation back under the auspices of the CDD is something that you should seriously consider and I can tell you sitting in this chair that this is something that is recommended to you to 6 August 20, 1998 do, if nothing more than to protect thc interests of thc District and the Bondholders and the long term operation and maintenance of that infrastn~cture which we built and constructed. That is the most difficult issue to get past, but it is also the strongest legal issue that you have to deal with. Mr. Reindcrs stated the case for our doing this is even stronger than I represented and that we may very well have a permanent obligation to do this and this docs come with a recommendation from Staff. Mr. Ward stated yes it docs come as a recommendation from Staff. Mr. Farrell stated your company represents a number of these Districts. Do you have this problem in other Districts? Mr. Ward responded I have had a couple of Districts that have si'milar problems to this and they are very, very difficult issues to get past and there arc a number of issues not only under State law, but Federal law with respect to how these Bonds get handled at the end of thc day if they go into default. I can tell you from an operating perspective you should do whatever it takes to protect the interests of thc community first and the Bondholder first with respect to that operation and maintenance. I think what you have in this Budget will do that for you. -Mr. Farrell asked if we as a CDD decide not to do this, where does the responsibility then lie? Mr. Reindcrs responded that responsibility assuming we elect not to do it, it falls back to the H.O.A. Mr. Ward stated I am not particularly sure you can make thc decision no~ to do it. As I said to you to begin with, you have an affirmative obligation to provide for its long term operation and m'aintcnance. What Mr. Rcindcrs said to you earlier is you have the ability to enter into an Agreement with the H.O.A. to allow them to do it which is what you have chosen to do as long as that is being provided for in a non~nal reasonable and professional businesslike manner. Mr. Farrell stated if they do not perform it the responsibility has always been ours. Mr. Ward stated absolutely. Mr. Farrcll stated I wanted to just clarify that. Mr. Reinders stated the concern is that while the H.O.A. has done it in the past, it is becoming an increasing problem for them to do certain services out there. It may become a very significant problem if the development entity elects for any reason not to support some or all of its home sites and at that point that 7 August 20, 1998 H.O.A. either cannot do it or in order to do it is going to have to go back and it seems to me to try and specially assess those folks who do pay. I think it is fair to assume that if 86 tax certificates sold, that we are going to find--now we are in short order--86 lots that do not want to pay their H.O.A. and that association cannot perform the duties it has agreed to perform with us with the remainder of the 40 or 50 home sites. Mr. Fan'ell asked of those 86 if 50% have been sold which would be... Mr. Reinders stated they were all sold Mr. Farrell stated they are not all sold yet. Mr. Reinders stated you mean sold to the individuals as opposed to the Developer. Mr. Farrell stated yes. Is the Developer who holds 60 lots a part of Lhe Association? Mr. Reinders responded they contribute or are obligated to contribute their pro-rata share, but the recourse for that collection is merely the filing o[' the lien by the Association against the home sites which again is why I say they do no~ have a very effective collection mechanism. In all of this, on the one hand we are to address this from a Budget point of view, it would still be necessaw to reach Agreements with the Association or cancel Agreements with the Association. There is some equipment that the Association owns that the Developer has that can be con.veyed to us at no charge or leased to us at essentially no change to assist in the re-assumption of these obligations. That is not a problem with the Association. Mr. Ward stated it would be vehicles, equipment and personnel. Mr. Reinders stated we are assured full cooperation at the Association level and the Developer level as to those items. I will tell you that I have spoken to a number of property owners out there regarding this and in all ! have probably spoken to representatives of more than 50% of the home sites who would support this program and probably we can get some input from various property owners here today directly on this issue as well. We will need to enter into some Agreement with respect to those items and we will have to sit down and decide whether we will run this directly through the District and Mr. Ward's office or look to perhaps contract out this to some third party with a less extensive involvement through the Manager's office. I believe the numbers we are looking at now basically would contemplate an effect that the District would directly employ various people to perform this work as well as a Supervisor and all the August 20, 1998 bookkeeping and so forth and so on which maybe the more expensive way to go. I do not know at this point we can certainly go out there within whatever Budget wc establish and try and find an alternative way of doing it that may or may n(,t economically effective. Mr. Reinders asked do we want to go ahead and open our public meeting and get some input from our folks7 Mr. Ward responded yes. Mr. Reinders stated this scheduled public hearing is open to the public comment. Mr. Ward stated for the public could you please state your name for the record before you make any comments since I do record the meeting. Mr. Blake stated I am a homeowner in Key Marco. The question I have is that the detailed Budget I see here is a suggested Budget for 1999 is approximately $760,000. In as much as I do not see a portrayal of the 1998 actual figures, I have some concerns as to how realistic the Budget is in terms of it being adequate. Mr. Ward stated first of all, this is the first Budget that has operations and maintenance in it for landscaping and security. The information that is contained herein as been provided by the H.O.A. of Key Marco. We have relied on that information with respect to the numbers. I can tell you based upon my experience in doing this kind of service in other communities and at least in Collier Co.unty I do this for Naples Heritage, Lely Resort, Pelican Marsh. They are relati~/ely comparable communities. The numbers that are contained in this Budget seem to be a reasonable estimate so the cost of maintenance of that kind of infrastructure. Mr. Reinders stated we also have access to the historical cost information that the Association has in its books and records and essentially I think what we have done is take those historical costs as they are clearly demonstrable at the Association level and then massaged them for the effect of running them through the District with a different method of administration and collection. I suspect if anything we would expect that we can do a bit better than these dollars and I certainly would not expect that we would have a greater cost than what. we have budgeted. Mr. Blake stated the question that some of us are having is I see a market increase in other fees and charges. Presumable those other fees and charges were not incurred by the H.O.A. previously and yet now they will be assumed by the CDD and now we. are operating on a $25,000 increase. 9 August 20, 1998 Mr. Ward stated in order to place them on the tax bill that you receive every government in Florida pays to the Tax Collector and Property Appraiser of the County a fee to levy that assessment equal to 2% and 1% of the assessment amount. If you are going to levy an assessment and put it on the tax bill, that is a requirement of the Statute. The revenue reserve is a number which you know if you pay your tax bill in the month of November, you can take a 4% discount and then it slides down each month by 1%. The revenue reserve is intended to cover this discount in the event that everybody pays in the month of November. If that does not happen, which is what will not happen in this case and they will go to certificate sale the full $28,000 will come into the District and that will be used in subsequent years as a cash surplus which you can either carry forward to your operations, reserve it if you need it or whatever you want to do with it. You have to appropriate it in the Budget for purposes of meeting the statutory requirements. Mr. Reinders stated I think that is 95% that they are allowed to count in the Budget. Mr. Ward stated yes we appropriate 95%. Mr. Roth stated I am unfamiliar with when the certificates go on sale. I know in Missouri what happens ~'ith taxes, but what happens here? · Mr. Reinders responded we can look at this past year. We have touched on this briefly .before you came in. Something on the order of 83 or 86 certificates were sold for the 1997 tax year. Those taxes came out roughly in November. They were due by March 31st. As to those 80 some odd lots, those taxes were not paid. They were duly advertised and in due course which is to say somewhere around July certificates were sold on them. In the case of Key Marco, every tax certificate sold. Mr. Ward stated in Florida the way the Statute works is that every government in Florida has the ability to put either their property taxes whether it is an ad valorem tax or in this case what we call a non ad valorem assessment on the property tax bill that goes out to all residents of the County. You will find when you get your tax bill you have the school board on there and the County taxes and if you are in a City, you have the municipal taxes and the District can do that also. The reason that government does that is the Statute provides a mechanism that these become first liens on the property ahead of any mortgages that are on that property. As a result of that you have to pay your tax bills. That is why mortgage companies generally escrow taxes as a part of the mortgage payment to make sure that it occurs. That is what is going on in Florida. To the extent that 10 August 20, 1998 these do not sell, then under the Statute the County Tax Collector has the ability to sell through the certificate mechanism the certificates to allow the government to receive the money it needs to operate on and then when it sells the certificate it allows the individual who purchased that certificate an opportunity to earn interest on that for some period of time, generally two years, then they can apply for a tax deed and actually take title to that property after the second year. That is a relatively strong mechanism that we have here in Florida for purposes of allowing governments to collect the amounts of money they need in order to operate on a yearly basis including this District. Mr. Roth stated now that is subject to any mortgagees? They are the first for issuance with the tax certificate. Mr. Ward stated yes. Mr. Roth stated then there are other liens against that property. Mr. Ward stated the tax bill itself has a priority lien ahead o[' all mortgagees and other liens which may be on that property. Mr. Roth stated if there are any excess bags, once the land is subsequently auctioned off and sold over and above what ever the tax liability that remaining amount will go for the second lien holder or whomever it may be. · Mr. Ward stated irrespective this mechanism, that is what happens in the normal sequence of events and 99.9% of the time that is what is going on. This is obviously not 99.9% of the time. I cannot make any representation to you when whole pieces of property like you have here in Key Marco go into default with respect to either the primary mortgage or the company declares bankruptcy under the Federal Statutes. There is a whole set of other circumstances out there that can occur. What has happened here has been the norm for the last two years. That has been a good thing for everybody including the residents and including the District with respect to the payment of these Bonds payments. I have one instance in Florida where we have had a District that has gone through that bankruptcy issue under Federal Court and it has been a very long, involved, not a particularly pretty site, so to speak, but if things happen in its normal sequence, which seem to be happening in Key Marco you are going to have a stronger ability to collect these assessments and provided for that maintenance which from the District perspective is really where you need to start going at this point in time. Mr. Blake asked what is the role of Allstate in this development? They lent money to Ronto Group. 11 August 20, 1998 Mr. Reinders responded Allstate bought the Bonds that this District issues. This District is in essence a unit of local government or special purpose local government and has the powers to issue Bonds. It issued those tax exempt Bonds and Allstate purchased them and this District then utilized tile proceeds to construct the infrastructure at Key Marco. Mr. Blake stated you mentioned the fact that First Union Bank seems to be picking up these certificates. Mr. Reinders stated it looks to me like that is what it is. We have companies out there that are called FUNA so and so. I think there is some type of investment vehicle corporation. Mr. Blake asked does that bank have a subsidiary development company? Mr. Reinders responded not to my knowledge. As we said earlier, the first tax deed sale is going to take place September 28th and I am sure we are going to see someone there from the certificate holder and we will be interested to see how that sale proceeds. I believe that this entity will be deemed to }lave bid what it has paid for tax certificates which is about $55,000 assuming they take title to it, they will take title subject to the lien of the Bonds. Mr. Taylor stated Allstate or someone should be there to protect their interest. .' Mr. Reinders stated I do not think Allstate has to do anything to protect its interest. Whoever acquires the title will take subject to Allstate. Mr.'Farrell stated they also acquire the obligation. Mr. Blake stated the cost of the land is whatever the tax liability outstanding due to Allstate. Mr. Reinders stated whatever they bid plus Allstate. I believe it will be treated as a minimum bid of $55,000 being what the certificate holder has paid. Mr. Henderson stated the Budget has it built into it the assumption that the C.D.D. will take over essentially the roles and responsibilities of the H.O.A. Mr. Reinders stated to the extent of providing security services in a manner similar to those currently being provided and the maintenance and irrigation of the right-of-way areas. Mr. Fen'ell stated that does not include the dock master or the docks. Mr. Henderson stated that was my next question. Mr. Reinders stated we are limited to those areas that is our responsibility which is essentially that infrastructure. August 20, 1998 Mr. Henderson stated then the maintenance of the docks and the dock master's facility would still come under the H.O.A. Mr. Reinders stated you will still see an assessment from the H.O.A. for the balance of the services and costs that it incurs albeit insurance of various types, maintenance of the common areas or the amenities or docks and so forth to the extend that the cost that the District would be taking over, incurring or serx'ices it would be providing, obviously you would expect to see a very substantial reduction in the assessment from the H.O.A. It does not totally potentially solve the problem of collection by the H.O.A. and the question of other special assessments, but the vast bulk of those costs are transferred effectively. Mr. Blake asked what is now the approval process for the C.D.D. to assume the responsibility? Mr. Reinders responded I assume we are going to hear a motion here to that effect. Mr. Blake asked are you in power to be able to do that? Mr. Reinders responded yes, we are your elected representatives. Mr. Blake asked how many members? Mr. Reinders responded there are five of us, Mr. Taylor, Ms. Welks, Mr. Farrel], Mr. Owens and myself. We appreciate your input to the process and this a public hearing for the purposes of considering that. Mr. Owens stated for your information this group has been with this project from the start. Mr. Reinders stated Mr. Farrell and Mr. Owens have no direct relationship to the project. They are not affiliated in any form with the Developer. These are gentleman of some esteem and influence in the community who agreed to serve and were elected to their positions. Mr. Farrell stated we are outside, disinterested directors of the Developers. Mr. Reinders stated they have been in our community a while. Mr. Farrell stated we have no affiliation and never had one with Ronto, the Developer. Mr. Reinders stated or to Marco Developments. Mr. Owens stated the Board up until just recently consisted of three people Mr. Farrell and I and a third person and then two Ronto representatives at that time. August 20, 19.98 Mr. Taylor stated in the maintenance area I would like to see us try and do something with some competitive bidding also. Maybe for the interim take this maintenance over as it is, but go out and get some competitive bids. Mr. Reinders stated we had some timing restraints in terms of getting this into our Fiscal Operating year. My primary purpose was to see this Board address our obligation or desires as the ease maybe to take over these functions and get it to the point where we can get it to the Tax Collectors office. We still have to then implement all of this and that I will submit to you. We will do by looking at various methods of implementing it having taken on those responsibilities. In terms of when this could be effective, what is your comment there Mr. Ward? What is the earliest that we could actually have funds to perform these services? Mr. Ward responded we only have about $10,000 in cash in the bank at this point in time in from which to operate. The Budget anticipates an October 1 start date, but without cash in the bank that is not happening. The bills go out to the Property Owners in November. We get our first distribution the middle of the later part in December. Assuming it is of suftieient size and you have a $700,000 Budget, so divide it by 12 and you figure out the math real quick as to what it is going to cost you. I would suspect January would be the very earliest assuming there, are enough assessments paid at that point in time in order to handle that. If you just look at what you have done this year at 134 lots and 86 that did not sell, it would gi.ve you about $254,000 if the ones that were non certificate holders paid in the month of December. That would give you enough cash to start the operation on and probably carry you for two or three months, then you are going to have a problem again in late April, May, June time schedule prior to the sale of certificates again. Ms. Welks stated the obligation will stay with the Association until that time period. Mr. Reinders stated that is really what I am trying to get some feel for here is when we want to think about when we want to think about picking this up and addressing it. Mr. Ward stated the only other idea that I have is if there is any cash available in the Association, whatever that cash is, we could enter into a loan agreement where the Association could lend the District the money and then we could do it. I can tell you, you cannot get money any other way. We are not going to be able to repay the Association for its operating costs from October 1 on, but we could borrow the money from the Association 'subsequent to October 1. For Aug~ast 20, 1998 example, if there is sufficient cash available in the Association to run the operation, that is an alternative iden for you. Ms. Welks stated that answers my question, it is not feasible and the Association would continue to do the management of it since funds of the District is not possible. Mr. Reinders stated if I read this right, from October 1st to the first of the year we could be getting bids and information and comparing it with what our costs are to try to see what we could do if we go outside and have it effective January 1st when we know what our cash position would be. Mr. Farrell stated that is a possible plan. Mr. Blake stated one of the concerns that has been raised amongst the Homeowners is that we have noted some--I do not have the perspective, but others have--deterioration in terms of the quality of maintenance. Cost is one thing, but the value received is another. I do not know how you would make that judgement. Mr. Reinders stated that would be incumbent of us to take both the service that is needed and the cost of the serxqce. There should be an agreement on that. Mr. Roth asked who is taking care of it now. Mr. Taylor responded the master H.O.A. .-Mr. Roth stated the workmen you see out there are actually employees of the Association. Mr. Taylor stated they are under our direction per se. Key Marco Developments is actually acting as the facilitator of the Master H.O.A. Mr. Reinders stated one of the reasons it will actually cost a bit more at least initially to do these things, is that once the District assumes these will not in effect have contributed service by the Developer. Right now you are getting supervision for example that would have to be paid for lnter, bookkeeping and things of that nature. Mr. Farrell stated it seems to me, the best we can hope to do here is adopt a Budget, if that is our desire collectively, that we would anticipate an assumption or the commencement of pro~qding these services on 3anuary 1 of next )'ear-- would we therefore adjust our Budget to eliminate the projected cost in that period of October through December? Mr. Ward responded I would not recommend that you do it that way. You are going to end up with the same problem, October, November, December of next year and when have this kind of a District with this kind of a problem, we are August 20, 1998 going to need to build up cash in the system in order to fund that October, November, December, January Budget problem. Mr. Reinders stated as you said in answer to a comment earlier, I think if there is excess it will be carded forward and we can deside how best to apply it at that point in time. I happen to agree with that comment. Mr. Blake stated let us assume for a moment that we have enough in terms of cash based upon those that are fulfilling their obligations to take us through until May or April and yet, we still have a stretch before the tax certificates are again sold as a means in which to obtain the necessary funds to sustain the operations. During that hiatus, what in your experience would be the natural outcome? What do we do at that juncture? What does the C.D.D. do? It has already levied its taxes against certain individuals, they have presumably paid it, and we still have a short fall in terms of cash. What happens next? Mr. Ward responded the C.D.D. actually has no choice at that point if the project goes down hill until it gets the cash available in order to maintain the system and then it goes back in and tries to bring the project back up to the level that it needs to be and maintain it and maintain a cash position that will carry it through during these lean periods. That is your only option. Other municipalities..and even other C.D.D.'s would go borrow the money, but there is no way I would be able to go to any kind of lending institution and borrow operating cash for this C.D.D. Mr. :Blake stated you either have reserves which we do not or you arrange for a line of credit. Mr. Reinders stated or you buy non-institutional sources of lending as a possibility. Mr. Blake stated in the new City of Marco if it did not have some reserves it would have to use a line of credit for these first three months because the Fiscal Year states October 1st and they do not get their first tax payments until late November. You either have it in reserve or you have to go with a line of credit and the tax receipts will pay off that line of credit as they come in. They would be operating from tax receipts. Mr. Reinders stated that part of the way I would look at this is that this is not going to be the final answer in all likelihood. We may have some problems leading up to January depending on condition of the Association and some of the activities of the Developer. I do not know and I cannot even speculate on that. We may have a bit of problem in timing and even assuming tax certificates are sold. 16 August 20, 1998 We may find we have an even more significant problem if per chance tax certificates are not sold, but we probably have to do this and it is probably the best thing we can do to begin to address the problem. I think there has to be other things that we are going to have to begin thinking about, plan and explore. Whether it is at an Association level, whether it is at the individual Homeowner level, whether it is at the Developer level, whether it entails my going into this with Allstate or whether it entails consideration of such things as cutting back on those expenses. For example, not providing security for some period of time, an annexation to the City of Marco, I do not know. Mr. Farrell stated there is an idea. Mr. Owens stated the City may consider that. Mr. Taylor asked are you serious? Mr. Reinders responded it would not help our situation, because at least as it stands right now individual owners are responsible for maintaining down the road. Mr. Taylor stated you still have to pay your taxes. Mr. Ward stated I can just run the numbers real quick, if the 48 lots or whatever is left from the 86 paid in December, you could carry the operation for four months..-You would carry it January through April. You still have May, June, July t.0 worry about. If the certificates are sold in July, they do not come in until usually sometime in the beginning of August. You still have another four month problem. You carry it for four months and then you have another problem again for three months. Mr. Reinders stated the interesting thing is if the certificates that have been sold which will be two years old come July and would be entitled to apply for tax deeds and which to apply for a tax sale, they are going to have to pay off those certificates that are here. Mr. Blake stated I know it is by pro-ration or assessment by unit in here is $5,300. Would it be prudent for us to consider raising the assessments beyond that amount given the fact of their anticipated revenue short fall? You have the expenses, but now the other part of the Budget process is the revenue side here. Mr. Ward stated I have thought about that and my answer to the question is I do not think that would be prudent and the reason is that you are already raising your assessments from roughly about $11,.000 up to almost $15,000. The flip side of the coin is you do know you have a problem in terms of certificates and people not paying their taxes for whatever reason. You do not want to raise it so high that 17 August 20, 1998 the certificates are not going to sell. You have to take into consideration what is reasonable for certificates to sell. On the project that I was mentioning to you earlier that had gone into a default condition, they had that very problem. The certificate amounts were so big that they were not purchasable by people. I would not counsel you to go much higher. It seems to be as Iow you need to really keep it at this point in time. You cannot get any lower than where it is and I would not go higher than that. Not in your first go-around on this issue. Mr. Taylor asked could you keep the master H.O.A. system up at a higher level to cover short falls of the C.D.D. in case the Homeowners want to go to a higher amount? Mr. Ward responded yes. Mr. Taylor stated and does that flow back to the C.D.D. Mr. Blake stated that is a good idea. Mr. Taylor stated it is just an option. Mr. Ward stated Mr. Reinders mentioned and Mr. Taylor was getting to it is the 48 lots that seem to be out there and pay, if they want to do a lending to the C.D.D. in order to try and fix the problem, you could do that. That is a private financing which Mr. Reindcrs was mentioning. I had no thought of it in terms of an individual Homeowner, but you can do those kinds of things. Mr. Blake asked what would be the collateral? /Vlr. Ward responded nothing. Mr.-Blake stated nothing, but a promise. Mr. Ward stated a promise to pay. That is why I would never get a bank to do it; not in a project like this. Homeowners may be in a different position than a bank would be. There are not necessarily looking at collateral; they are looking at an investment. Mr. Owens stated protecting thc investment. Mr. Farrell stated correct mc if I am wrong, but you can raise the assessments so high that it makes the problem worse that people do not want~ to buy the property. Mr. Ward stated correct. I would not recommend to the Board that you go above where we are because I think it makes the project less viable at that point. Mr. Henderson stated what it boils down to is buying a piece of property and paying $20,000 a year of assessments. In five years, why be there. Mr. Reinders stated it is my intent as the Chairman of this Board to actively explore these issues and problems with the Bondholder and assume I have your August 20, 1998 authority to do that and your general support subject to obviously bringing back any specific ideas incumbent on us. I have dealt with them in the past and I will be happy to deal with them in the future and I think we have to do that. Mr. Farrell stated you have always had the position of coming back to the Board when you go into discussions with Allstate and give you a bargaining position. Mr. Ward stated ifyou are ready, there are three motions that I will ask fl~'. The first is a motion to close your public hearing. [n MOTION by Mr. Owens seconded by Mr. Reinders]] th all in favor the Public Hearing for the Adoption e Budget for Fiscal Year 1998/99 was closed. Mr. Ward stated the second is a motion to adopt Resolution 98-5 which by title is a Resolution adopting the Final Budget of the Key Marco C.D.D. for Fiscal Year 1998/1999. A motion to that effect would be in order. [BOw~t MOTION by blr. Reinders seconded by blt. Farrell]] h all in favor Resolution 98-5, Adopting the Final[[ dget of the District for Fiscal Year 1998/1999 was][ Mr.:Ward stated the third is a motion to adopt Resolution 98-6 which by title is a Resolution Levying a Non Ad Valorem Assessment for Debt Service and Operations & Maintenance with the Key Marco C.D.D. for the period October 1, 1998 through September 30, 1999. That Resolution is in order and recommended for your consideration. Mr. Fan-ell asked do we put the numbers in here now. Mr. Ward responded the numbers will be inserted from your Budget. Mr. Taylor asked in the meantime we will be able to look for other avenues? Mr. Reinders responded between now and when we would anticipate being in the position to actively assume these responsibilities and fund them, we will look and explore alternatives and bidding and I will be happy to initiate that process. August 20, 1998 [[On MOTION by Mr. Reinders seconded by Mr. Owens[[ with all in favor Resolution 98-6, Levying a Non Ad[ Valorem Assessment for Debt Service and Operation Maintenance with the District for Fiscal Year 1998/99[[ was adopted. FIFTH ORDER OF BUSINF_.SS S£~ff Report A. Attorney There not being any, the next item followed. B. Engineer There not being any, the next item followed. C. Manager - Report on Number of Registered voters - 6 Mr. Ward stated the only item I have for you is correspondence from the Supervisor of Elections in Collier County. In accordance with provisions of the Statute creating the District, the Supervisor o£ Elections is required to produce for you each year the number of registered voters within the boundaries of the District. It is for your information only. There is no action that is required from you. It is significant in terms of when the Board changes from a Landowner based election to a qualified elector based election. Under the Statute that occurs based upon tw~ conditions, thc first condition that would have to be met is it would have to be after the sixth year from the date of creation of the District and the second condition is that there are 250 qualified electors residing within the boundaries of the District. This information will continue to be provided to you until such time as both conditions are met and which time then you will convert from a Landowner based election to a qualified elector based election. There are six registered voters within the boundaries of the District. I think there is probably four of them sitting here. Again, this is not anything that requires your action. It will be filed and made a part of record. Mr. Owens asked what are the conditions o£ the elector? 250 voters or 259 landowners. Mr. Ward responded 250 qualified electors. That means you must reside within the community and be a qualified elector registered to vote in Collier County. Mr. Reinders stated for our public right now we are Landowner based ele'ctive system which means if you own a home site out there you have a vote when it is time to elect Supervisors. August 20, 1998 SIXTH ORDER OF BUSINESS Supervisor's Comments There not being any, thc next item followed. Requests and Audience SEVENTH ORDER OF BUSINESS Adjourrunent ~On MOTION by Mr. Owens seconded by Mr. Farrell with ~favor the meeting adjourned at 11:15 A.M. Kat~en Welks Assistant Secretary 21 Wednesday August 20, 1998 10:00 A.M. 1. 2. 3. 4. AGENDA KEY MARCO COSE~IUNITY DEVELOPM~--'NT DISTRICT Key Marco Developments 3185 Horseshoe Drive South Naples, Florida Roll Call Approval of the Minutes of the June 3, 1998 Meeting Status Report on Tax Certificate Sale Public Hearing for the Adoption of the Budget for Fiscal Year 1998-99 and the Levy of Non Ad Valorem Assessments 5. Staff Reports A. Attorney B. En~neer C. Manager - Report on Number of Registered voters - 6 6..' Supervisor's Requests and Audience Comments 7. Adjournment NOTE TO ALL i',[EETING ATI~N'DEES: Please identify you_,~elf each time you speak to facilRate transcription of meeting minutes. Thank you for your assistance. Naptes Daily Ne~s Naples, FL 33940 Affidavit of Publication tlaples Daily News KEY I~ARCO COMMUNITY DOtItlA HOLIDAY 10300 t('J 11TH ~ANOR CORAL SPRINGS FL 33071 REFEflENCE: 026506 57731043 NOT[CE OF PUBLIC HEA State of Florida County of Collier Before ~he undersigned authority, personally appeared g. Lamb, who on oath says that she serves as the Assistant Corporate Secretary of the Naples Daily Ne~s, a daily newspaper published at Naples, in Collier County. Florida: that the attached copy of advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County. Florida, each day and has been entered as second class mail matter at the post office in Naples. in said Collier County, Florida, for a period of 1 year next preceding th~ first pub[!.cation of the attached copy of advertisement; and affiant further says that she has oe(ther paid nor promised any person, firm .or coporation any discount, rebate, commission or refund for the purpose of securing this. advertisement for publication in the said~ewspaper. PUBLISHED Ct(: 07/31 08/07 AD SPACE: 85.C00 INCH FILED ON: 08/07/98 Sworn to and Subscribed before me this / day of /' Z~-~_.._ 19-'~ Personally known by me ' ~ .~~~ NOTICE OF PUBLIC K E Y M. ARCO CO,',~A,~U NIT Y DEVELOPMENT DISTRICT The Board of Supervi- S~S of the Key Marco Communi>/ Devel~nt Dis~l~ wit be hold O pub- lic hearing on ThuFsCOy, Augus~ 20_ 199~ 10:00A.r~. ~ ~e offices of co, 318S H~seshoe Drive ~e PuKpoie of hearing comments and obie~)ons bucge~s) toK ~e opera- t(o~ OhO moi~enonce of Dis~i~ facilities fac Fiscal Year 19~. In oduHion G~KU will hook puOlic comme~ and ~[ecSons Fei~ve ~o ~e levv at of the ~lstH~. The identified within ~e bud- ge~s). A copy of ~e bud- Drive ~, N~le$~ FI~I- ~ 34104 ~ ~ ~e office of the ~o~ger, 10300 I1 ~on~, C~el Springs B~d will also c~stder f~e ~. Sureties will poSiti- Ve by feleDhone. At ~e the me.lng ~ the J~ion and be fully fo~med Of t~e discussions t~Zing place et~er in pea- son ~ by /el~ho~ com- munic~lon. f~en ~ ~ese meetings o~ised ~ pekin will ceedln~ ond th~ occ~d- ~m ~ec~d of ~e ceedfng$ is made. including ~e festimonv such appeal Js fo be G~ ~ ~over July 31, ~uq. 7 No. 12~3820 16Gl MEMORANDUM To.' From: Date: Subject: Board of Supervisors James P. Ward, Assistant District Manager /~/.4cc~..~ June 16, 1998 Key Marco Community Development District Non Ad Valorem Assessments - Fiscal Year 1998 I have attached for your information an analysis of the Key Marco Community Development District's non ad valorem assessments which were levied on the tax bills that were received by residents in November of 1997. The owners names for each folio number were obtained from the Collier County Property Appraiser for the tax roll certified as of October 1997. Accordingly, any sales which have occurred of lots from that date may qr may not be reflected in the owners names. It is important to note that of 134 assessable lots there were 86 tax certificates sold for the assessments which were not paid by prop'erty owners this year. As ofthis-'date, the District has not received its funds from the sale of the certificates and since they have been sold within the past few weeks the tax collector will forward these funds to the District generally within the next 30 to 45 days. If you have any questions relative to this matter, please feel free to contact me. JPW/gb Attachment Community Development District Tax Roll Detail 16Gl Folio Number Owner Name Tax Payment Status Certificate Number 5094O00548/7 5094000550/0 5094000520/9 5094000522/5 509400052411 5094000526/7 5094000528~3 5094000530/6 5094000532/2 509400053418 5094000536/4 5094000538/0 5094000540~3 5094000542/9 5094000544/5 509400054611 5094000492/5 5094000494/1 5094000496/7 5094000498/3 509400050015 5094000502/1 5094000504/7 5094000506/3 5094000508/9 5094000510/2 5094000512/8 5094000514/4 5094000516/0 5094000518/6 5094000466/6 5094000468/2 5094000470/5 509400047221 5094000474/7 5094000476/3 5094000478/9 5094000480/2 5094000482/8 5094000484/4 5094000486/0 5094000488/6 5094000490/9 5094000440/4 5094000442/0 5094000~,~4/6 Mortgage investments Schewitz, David & Elizabeth Mortgage Investments Rechtin, Elizabeth I. Key Marco Developments Poppe, Jean R Key 16 Developers Key Marco Developments Key Marco Developments Key Marco Developments Key Marco Developments Key Marco Developments VNB Development Cook, Firmon & Betty Joiner, Larry Mortgage Investments David C Bennett Trust Hawk, Mary Ann Regant~, Reddy & Rohini J S Roath & Associates Key' Marco Developments Key Marco Developments K~y Marco Developments Key Marco Developments Key Marco Developments Mortgage Investments Key Marco Developments Mortgage Investments Mortgage Investments Mortgage Investments Key Marco Developments Key Marco Developments Key Marco Developments Key Marco Developments Key Marco Developments Key Marco Developments Glenn E Hanke Trust Key Marco Developments Hawkins Family Trust Key Marco Developments Key Marco Developments David C Bennett Trust David C Bennett Trust Key Marco Developments Key Marco Developments Key Marco Developments Certificate Sold 4999-98 Certificate Sold 5000-98 Certificate Sold 4990-98 Paid in Full No Assessment Levy Paid in Full Certificate Sold 4991-98 Certificate Sold 4992-98 Certificate Sold 4993-98 Certificate Sold 4994-98 Certificate Sold 4995-98 Certificate Sold 4996-98 Paid in Full Certificate Sold 4997-98 Paid in Full Certificate Sold 4998-98 Certificate Sold 4979-98 Certificate Sold 4980-98 Paid in Full Certificate Sold 4981-98 Certificate Sold 4982-98 Certificate Sold 4983-98 Certificate Sold 4984-98 No Assessment Levy Certificale Sold 4985-98 Certificate Sold 4986-98 Certificate Sold 4987-98 Certificate Sold 4988-98 Paid in Full Certificate Sold 4989-98 Certificate Sold 4971-98 Certificate Sold 4972-98 Certificate Sold 4973-98 Certificate Sold 4974-98 Certificate Sold 4975-98 Certificate Sold 4976-98 Paid in Full Paid in Full Paid in Full Paid in Full Paid in Full Certificate Sold 4977-98 Certificate Sold 4978-98 Certificate Sold 4960-98 Paid in Full Certificate Sold 4960-98 Cc~mmunity Development District Tax Roll Detail -= ~ :_ __-- _ -- _-_ ._-- Folio Number Owner Name Tax Payment Status 5094000446/2 5094000448/8 509400045011 5O94000452/7 5094000454~3 5094000456/9 5094000458~5 509400046018 5094000462/4 5094000464/0 5094000414~5 5094000416/1 5094000418/7 509400042010 5094000422/6 5094000424~2 509400042618 5094000428/4 5094000430/7 5094000432/3 509400043419 5094000436/5 509400043811 5094000390/0 5094000392/6 5094000394/2 5094000396/8 5094000398/4 5094000400/6 5094000402/2 5094000404/8 509400040614 5094000408/0 5094000410~3 5094000412/9 5094000366/7 5094000368~3 5094000370~6 5094000372/2 509400037418 509400037614 5094O00378~0 5094000380~3 5094000382/9 5094000384/5 5094000386/1 Key Marco Developments Key Marco Developments Key Marco Developments Key Marco Developments Key Marco Developments Key Marco Developments Key Marco Developments Key 16 Developers Key Marco Developments Key 16 Developers Schewitz, David & Elizabeth Bent, Walter & Lee Key Marco Developments Key 16 Developers Key Marco Developments Key Marco Developments Key Marco Developments Key Marco Developments Pappy, Paul & Jan KeYMarco Developments Key'Marco Developments K.ey 16 Developers K~y Marco Developments Key Marco Developments Key Marco Developments Key Marco Developments MCM Consultancy Services Key 16 Developers Donald & Kay Brooke Trust Key 16 Developers Key Marco Developments Key Marco Developments Home James & Judith Donald & Dawn Henderson Trust Key 16 Developers Key Marco Developments Key Marco Developments VNB Development Clark/Chapman/Watson Trusts Key 16 Developers Key Marco Developments Key 16 Developers Key Marco Developments Key Marco Developments Key Marco Developments Key Marco Developments Certificate Sold Certificate Sold Certificate Sold Certificate Sold Certificate Sold Certificate Sold Certificate Sold Certificate Sold Certificate Sold Certificate Sold Paid in Full Paid in Full Certificate Sold Certificate Sold Certificate Sold Certificate Sold Certificate Sold Certificate Sold Paid in Full Certificate Sold Certificate Sold Certificate Sold Certificate Sold Certificate Sold Certificate Sold Paid in Full Paid in Full Paid in Full Paid in Full Paid in Full Paid in Full Paid in Full Paid in Full Paid in Full Paid in Full Certificate Sold Certificate Sold Certificate Sold Paid in Full Paid in Full Certificate Sold Paid in Full Certificate Sold Certificate Sold Certificate Sold Certificate Sold 16G1 Certificate Number 4961-98 4962-98 4963-98 4964-98 4965-98 4966-98 4967-98 4968-98 4969-98 4970-98 4949-98 4950-98 4951-98 4952-98 4953-98 4954-98 4955-98 4956-98 4957-98 4958-98 4947-98 4948-98 4938-98 4939-98 4940-98 4941-98 4942-98 4943-98 4944-98 4945-98 Community Development District Tax Roll Detail Tax Year Octoberi. 1997 to September 30. 1998 16Gl Page3 Folio Number Owner Name Tax Payment Status Certificate Number 5094000388/7 5094000340/5 5094000342/1 5094000344/7 5094000346/3 5094000348~9 5094000350/2 5094000352/8 509400035414 5094000356/0 5094000358/6 5094000360/9 5094000362/5 5094000364/1 5094000312J0 509400031416 509400031612 5094000318/8 509400032011 5O94000322/7 509400032413 509400032619 5094000328~5 509400033018 5094000332/4 5094000334/0 5094000336/6 5094000338/2 509400028416 5094000286~2 5094000288/8 5094000290/1 5094000292/7 5094000294~3 5094000296~9 509400029815 5094000300/7 5094000302/3 509400030419 5094000306~5 509400030811 509400031014 5094000165/6 5094000175~3 5094000185~0 5094000195/7 Key Marco Developments Key Marco Developments David C Bennett Trust David C Bennett Trust Key Marco Developments Key Marco Developments Roland & Sharon Glas Key 16 Developers 16 Developers Marco Develo ~ments Key Key Key Marco Key Marco Key Marco Key Marco Key Marco Key Marco Key Marco Key Marco Key M ,~'co Key Marco Develo )ments Develo 3ments Develo 3ments Develo 3merits Develo 3ments Develo ~ments Develo 3merits Develo 3merits Develo ~ments Develo 3merits Key Marco Develo 3merits Key 16 Developers Griffith, William Kalt, William Anthony Marano Company Key Marco Developments Key Marco Developments Key Marco Developments Key Marco Developments Key Marco Developments Key Marco Developments Key Marco Developments Key Marco Developments McVean, Ronald & Marion Key Marco Developments Key Marco Developments Key Marco Developments Key Marco Developments Key Marco Developments Key Marco Developments Key 16 Developers Key Marco Developments Key Marco Developments Key Marco Developments Key Marco Developments Key Marco Developments Certificate Sold 4946-98 Certificate Sold 4931-98 Certificate Sold 4932-98 Certificate Sold 4933-98 Paid in Full Certificate Sold 4934-98 Paid in Full Paid in Full Paid in Full Certificate Sold 4935-98 Paid in Full Certificate Sold 4936-98 Certit~cate Sold 4937-98 Paid in Full Certificate Sold 4927-98 Paid in Full Paid in Full Paid in Full Paid in Full Paid in Full Certificate Sold 4928-98 Paid in Full Paid in Full Paid in Full Paid in Full Certificate Sold 4929-98 Certit~cate Sold 4930-98 Certificate Sold 4931-98 Certificate Sold 4918-98 Certificate Sold 4919-98 Certificate Sold 4920-98 Paid in Full Paid in Full Paid in Full Certificate Sold 4921-98 Certificate Sold 4922-98 Certificate Sold 4923-98 Certificate Sold 4924-98 Certificate Sold 4925-98 Certificate Sold 4926-98 Paid in Full Paid in Full No Assessment Levy No Assessment Levy No Assessment Levy No Assessment Levy Community Development District Tax Roll Detail Tax Year October1. 1997 to September 30. 19~ 16 1 Page 4 Folio Number Owner Name Tax Payment Status Certificate Number 5094000205/3 5094000215/0 5094000225/7 5094000235/4 5094000245/1 5094000255/8 5094000265/5 5094000275~ 5094000280~ 50940002870 5094O0001O/7 5094000020~ 5094000030/1 5094000040/8 5094000050/5 5094000060~ 5094000070/9 5094000080/6 5094000090/3 " 5094000100/9 5094000110~ 5094000120/3 5094000145~ 5094000155/9 Key Marco Developments Key Marco Developments Key Marco Developments Key Marco Developments Key Marco Developments Key Marco Developments Key Marco Developmenls Key Marco Developments Key Marco Developments Key Marco Developments Key Marco Developments Key Marco Developments Key Marco Developments Key Marco Developments Key Marco Developments Key Marco Developments Key Marco Developments Key Marco Developments Key M~rco Developments Key Marco Developments Key Marco Developments Key Marco Developments I~ey Marco Developments Key Marco Developments No Assessment Levy No Assessment Levy No Assessment Levy No Assessment Levy No Assessment Levy No Assessment Levy No Assessment Levy No Assessment Levy Certificate Sold Certificate Sold No Assessment Levy No Assessment Levy No Assessment Levy No Assessment Levy No Assessment Levy No Assessment Levy No Assessment Levy No Assessment Levy No Assessment Levy No Assessment Levy No Assessment Levy No Assessment Levy No Assessment Levy No Assessment Levy 4916-98 4917-98 Notes: ' Folio numbers that indicate "no Assessment levy" are for recreational tracts and/or road rights of way ' Total number of certificates sold equals 86 RESOLUTION 98-5 A RESOLUTION ADOPTING THE FINAL BUDGET OF THE KEY bIARCO COi~h--YIUNITY DEVELOPM]ENT DISTRICT FOR FISCAL YEAR 1997-98 Whereas, the District Manager has heretofore prepared and submitted to the Board, for approval, the District's proposed General Fund Budget for fiscal year 1998- 99; and WHEREAS, a public heating has been held on this 20th day of August, 1998, at which members of the general public were accorded the opporturfity to speak prior to the adoption of the final budget; NOW, THEREFORE, BE IT RESOLVED BY TIlE BOARD OF SUPERVISORS OF THE KEY MARCO COMMU~ DEVELOPMENT DISTRICT; 1. The General Fund Budget heretofore submitted to and approved bv the Board is hereby adopted as the f'mal General Fund Budget of the D/strict for fiscal year 1998-99. 2. A verified copy of said final General Fund Budget shall be attached as an exhibit to thi~ Resolution in the Distr/ct's "Official Record of Proceed/ngs". Adopfl~d this 20th day of August, 1998. Secretary Fiscal Year I999 Budget Introduction Background Information Tae Key Marco Cornmunir.! Developme:: D,s~zt is a local, special purpose goverr,.,,-nen: "u'h ch-'Fter 190, of the Flor/da Statutes as amended, as an alternative method for ,Lv..an,., Er, ancmz. - - o,~ed b;' acqui.,Sn~, operating and maintainLng co,.'7-,m, unity.wide infrasc"uctm, e in plam'~ed co-"n.munit/es. 'Vne mecha.xism '.'.'h/ch provides the "soluaon" to the State's needs for delive,w of capital infrasu"uc,-ure to se 'ice projec:ed grov, xh without overburden' r .' ad, a ce ent r orid 's error, ta.,pa ers ;. e ,sa corr','nuni~, to set a hi;~h r sr~'. -'- - ...... ~e ~ grov,~d.l ettectivelv and e ~ l.. ._e~ r pr~s~nl, a . ~ e ..... c~2ru ;or coni~c 'an .~I~,-. -:.,- :. · fhci.ndy. This allows ~e h_.. ~ ,,.,.a pro',mmg a long-~e,..rn solu::on to lk~ operar,on and maintenance of com. muv./tv facfl;~es as '.'.'ell ' .'F. ns_f°llowing report represents the E!udzo, offS,,, ",: ...... 1v98. Th- Bud,',,., r_..,_ .... - .... ~,..unc; xor rascal Year 1999, which begins on October I, ' ~-, ,,.,, me u~stnct ,s organized bv fund to segregate segregated resources are used for the/: tx:.e.nded Fu....~ose, and the Distnc: has established the following funds. - f'mancial resources and er, sure .'-'nat ~h~ I01 General Fund I01 Debt Service Fund 201 Set/es 1992 201 Operations and *lam:chance of Community Facilities Financed by non-advolorem aS $ eS S .TI. e:'l L~ Collection of Sr. ecial Assessmems for Debt Service on the Series I992 Special Assessmen: Revenue Bonds Financed by S.:eciaI Assess.re. ear ro the beneEted properties Facilities of the District The D,sr~'-/c~ anticipates the addition oft,he come're, on area landscape and access control £acilities. · Maintenance of the Facilities . la order to mainta/n the facilities, the Dis~cr conducts hearings to adopt an operating budget each year. This budget includes a detailed descr/ption of the maintenance program along with an es,"L"nate of the cost of the pro_gram. The funding of the maintenance budget is levied as an non-advoIorem assessment on ','our properr/by the D/strict Board of Supervisors. . The accompanying budgets contain certain projections wh/ch are predicated upon full collection of prior assessment amounts. The accuracy of this budget is contingent upon certain fund balances projected to September 30.1998. It will not be apparent until after the tax payment deadline ofiune I, 1998, whether assessments will have been received, or in the event of a tax certificate sale by the count,., tax collector whether any or all certificates have been sotd. · Fiscal Year 1999 Budget Introduction Background Information Tnt Key Marco Community Development Disg'ict /~ a local, special purpose government au,,.hor~ed b?' chapter 190, of the Florida Statutes as amended, as an alternative method for planning, financing. acquk-ing, operating and maintaining co~'v, tmity-wide i:ffrastructure in planned corm'nun[res. The is a mechanism wNch provides the "solution" to the State's nee~ for delivery of capital imCrasz'ucmre to sen'ice projec:ed gro'a-da without overburdegigg other gove."m-nents and their taxpayers. The.,,, represent a major advancement in Florida's effo= to m.anage its gro,,,,~& effectively and efficientlv. Tn. is allows the corr~unity to set a high~ standard for co~t,-~cton along with providing a long-m~n solu~on to the operation and maintenance of corm-nuza~ facilities as well. The following report represents the Budge: of the Dis:rict for Fiscal Year 1999, which begins on October I, 1998. The Budget for the Disc'[ct is organize~ by fund to segregate financial resources and ensure th, a: segregated resources are used for their m:ezde~l purpose, and the DisUqct has established t~ge foilo'.v.-,,~ fi. rods. Fund 5umber_ ~ I01 General Fund 10I 201 Debt Service Fund 201 Series 1992 Services Prb'.'id gel Operations and Maintenance of Community Facilities Financed by non-advolorem assessments Collection of Special Assessmems for Debt Service on the Series 1992 Special Assessment Revenue Bonds Financed by Special Assessmen: :o the benefited properties Facilities of the District The Dis~ct anticipates the addition of the corr..mon area landscape and access control facilities. · 'qaintenance of the Facilities . In order to maintain the facili6es, the Dis~ct conducts hearings to adopt an opera6~g budget each year. This budget includes a detailed descrip~on of the maintenance program along with an estimate of the cost of g'~e program. Tee funding of the main:enact budget is levied as an non-advolorem assessment on ,,'our proper'v:' by the District Board of Supervisors. The accompanying budgets contain certain projections which are predicated upon full collection of prior assessment amounts. The accuracv of this budget is contingent upon certain fund balances projected to September 30.I998. It will n~t be apparent until after the tax payment deadline of,lune I, 1998, whether assessments will have been received, or in the event of a tax certificate sale by the county, tax collector whether any or all certificates have been sold. ' Key Marco Communi~. Development District Cost Comparison Detail Analysis Total Costs Fiscal Year Percentage A~e Item 199g 1999 C_._hha n~e Supervisor Fees 56,000 S6,000 0% Enginccrfiag Fees 55,000 S5,000 Anorney Fees 0% Audit 55,000 55,000 0% 57,000 57,000 0% Arbitrage Rebate Calc. 52,300 Manager 52,300 0% Trustee Fees $34,650 S. ,6_0 0% Accounting/Payroll S$,600 5.5,600 0% Computer Services S0 S I 7,$00 100% Telephone S3,600 56,000 40% Postage S500 S500 0% S 1,000 S 1,000 Legal Adve~s/ng 5800 5800 0~,~ Office Supplies 5600 5600 Dues. Lie., Subs. 0% Rentals / Leases S 175 S 175 Ins urance 52,400 S 2.400 0 Contingencies 52.000 $ 2.000 0% ,Sub-totals: $1.200 S 1.200 577,825 597.725 20;? 16ill Department Totals: S77.825 597.725 ,. '~*'~;= 20% Field Management Sen'ices Other Con=actual S0 S 17,435 Telephone 100% $0 $1.500 I00% Office Supplies S0 S 750 100% Subs. and Memberships $0 550 100% Travel and Per Diem 50 S 100 100% Operating Supplies SO S 1.600 Sub-totals: 100% S0 521,435 100% Department Totals: S0 S21.435 Ilem Landscape Services Key Marco Community Development District Cost Comparison Detail Analysis Total Costs Fiscal Year Percentage 1998 1999 Chanae Personal Services $0 $140,000 100% Rentals / Leases $0 S20,000 100% Repah-s and Maintenance $0 523.100 100% Insurance $0 $7,000 100% Minor Operating Equip. 50 $40.425 100% Utility Services 50 5180,000 100°,3 Capital Outlay 50 50 100% Chemicals $0 $24.000 100% Miscellaneous 50 52.500 100% Sub-totals: $0 $437,025 100°,3 Department Totals: SO 5437,025 100% Security Services Coneacrual Misc, Operating Supplies Sub-totals: Department Totals: ., · Or,her Fees and Charges : Tax Collector Proper-v/Appraiser Revenue Reserve Sub-totals: Department Totals: Total Appropriations: $0 S99,750 100% 50 55.000 100% $0 SI04,750 100% ~ S0 5104.750 I00% SI,683 514,174 88% 5833 57,087 8533 52.127 S25.3~$ 92% $4,643 S49,610 91% 54.643 S49.610 91% 582,468 S710.544 88% Revenues: CarT':' Foro.'ard Assessment Levy Expenditures: Professional Fees: Sup¢~'isor's Fees Engmeen, ng Legal Audit Arbitrage Rebate Calculations Mar. agement Trust,-.-' Fees Accou.~:ing / Payroll Administration Services: Computer Services Telephone Postage 8.: Reproduction Legal Advertising Office Supplies Subscdption,: 8.: Memberships Rentals 8,: Leases Insurance " Contingencies : Field Management Services: General Overhead Field Management Services Telephone Office Supplies Subscriptions and Memberships Travel & Per Diem Operating Supplies Key blarco Community Development District Budget Fiscal Year 1999 General Fund I01 Budget Summary Total Revenue: Total Professional Fees' Total Administrative Services Total Field Management Service~; S1.S33 S70S.711 S710.544 S6.000 S5,000 55.000 S7.000 S2.300 S3a.650 S5.600 $17.500 S83.050 S6.000 S500 SI.000 S800 5600 5175 52.400 52.000 SI.200 514.675 517.435 51,500 5750 550 Sl00 SI.600 S21.435 Landscaping Maintenance Services Personnel Rentals and Leases Repairs and Maintenance insurance Minor Operat~g Equipment Utility Services Capital Outlay Cherr~cals Miscellaneous Key Marco' Community Development District Budget Fiscal Year 1999 General Fund 101 Budget Summary Securiv/ Services Con,actual Miscellaneous Operating Supplies Other Fees & Charges Tax Collector Property. Appraiser Revenu~ Resev,.e Assessment Levy 5710,544 $$~ 467 00 Equivalent Residential Units ~' ' Assessment Per Unit:~- 134 13,1 s5.30:.57 ] $140,000 $20.000 $23.100 $7,000 $40.425 $ I $0,000 $0 $24,000 52.<00 Total Landscaping Services: ~ 599,750 Total Se'cur/tv Services. ~ S 104.750 Total Field Services: ----------- $563.210 514.174 57.057 ~ S25.345 Total Other Fees & Charges: $49.610- Total Appropriations: "'-5710.544~ Key blarco Communi~. Development District Budget Fiscal Year 1999 General Fund lOI Personal Sev,'ices Budget Summon. Supen'Jsor's Fees The amount paid ~o each Supervisor for the tLme deuoted to t.~c Dis~ct business and monthly meetings. The current amount is 5200.00 per mee~g for each member of the Board. Since their are five (5) members oft.he Board and the Board meets on a periodic basis $6,000 is recom, mended. Pro fessio::.al Services Engineering Consists ofanendance at scheduled meetings of the Board ofSuper, isor's, offe,qng advice and consult,r/on on all ma=ers related to the works oft.he D s~ct such as Bids for >'earl,,,, contracts, operating pol/cy, compliance '.,.'iuh regula:oc,, pernr,::.s, etc.. Audit Requirements ,"or legal services are est/mated at an an..-.ual expenditure of SS.000, and also cover such items as anendance at scheduled meetings of the Board of Supenisor's, Contract preparation and review, etc. The Dis~ct is required to armually undertake an independent examination of/ts books, records and accounting procedures. TI,is audit is conducted pursuant to State Law and the Rules of the Auditor General. Arbitrage Rebate Calculations Uqe Dis~ct is requ~d to prepare .Arbitrage Rebate CaJculations for each of ifs bond issues. in accordance ..,,iu5 u,e Tax Reform Act 0/71986. Management T'ne Dis~ct retains the sen'ices ora consult=g manager, who is responsible for the daily administration of the Dis~cf business, i~cludL,~g any and all financial work related to the Bond Funds and Operarg.:g Funds oft,he Bisect, and preparation of the minutes of the Board of Supervisor's. In addition, the Bisect Manager prepares the Annual Budget(s), implements ali policies of the Board of Supervisor's, and anends all meetings of the Board of Supen'isor's. Trustee Fees The Dis~cr issued Bonds for the construction of ifs facilities. Ptu'suaat to the Bond Resolution, a Trustee was selected to a&minister.,.he various accounts established pursuant to the Trust Indenture. The cost projected is based upon Historical costs. S6.000 S5.000 55.000 $7.000 $2.'.'00 55,600 Key Marco Community Development District Budget Fiscal Year 1999 General Fund I01 Budget Summary. Accounting / Payroll The addition of' field operations w/Il LncIude additional accouatiag and payroll administration requirements that are specific to this fund. These se,wices are charged based upon a fee of 514,000 for the "in-house" fund accounting requirements and $3,500 for up to 20 employees for the payroll requL-emerts. 16Gl 517.500 Admm:srratP..e Sen'ices: Computer Sen'ices Telephone Postage & Reproduction Legal Advemsing Of Eec Supplies Subscriptxons & Memberships Rentals & Leasek " Insurance " T~,e District carries Publi e .... .' . . . c Of,'~cxals L~abd~ .ty and General Liabiliw Insurance v,.-I, th pobc~es wrinen by the Flor/da League o,"Cifies. The L/.,-n/t o'f Liabilit,,. for tins coverace is set at S2 000 000.00 ' Contingencies Total Professional Services:- For Services rendered in the daily operation of the Distr/c: Total Administrative Services: "' S83.050 56.000 5500 $I,000 $$00 S600 $175 $2,~00 S2.000 $l,200 S14.675 Key bIa rco Community Development District Budget Fiscal Year 1999 1681 General Fund I01 Other Con=actual Sen'ices Budget Summary Field Management Sev,'ices With the addition of field operations to the District's budget, Field Management Serx'lces will be required. The Dismct retains the services ora Field Manager as pan of the consuk;ng manager's con=act. The Field Manager is responsible for the day to day field operations. These respons~bilittes include, but are not lira/ted to, preparing and bidding of ser,,'ices and corr~-a, odities, con=act ad-,"r, mistration, hiring and maintainina qualified perso."mel, ~ preparararion of and £,"nplementafion of operar:ng schedules and policies, insuring compliance wi:h all operating permits, prepare and implement field operating budgets, provide info-"mafion,'education to public regarding District programs and ar~end Board meefings. TNs sen'ice is charged at a base rate of SS000 with an additionaI percentage charge of 1.75o,3 oft,he total fund budget. The following categories are considered to be incidental to the daily operario~ o." the District's FieId O~e:ar~oa Telephone . Office Sup. pi,es SI.500 SuSscriptions ar, d Memberships Trax et & Per Diem 5750 550 Operating Supplies SI00 51.600 " Total Field Management Services: ~ S2 I.~3.C- ? 7 Key Marco C°mmuniD' Development District Budget Fiscal 'Year 1999 l_6G 1 General Fund 101 F~eld Operations Budget SummaO- Landscaping Services T'nis program is for the high quality landscape maL':tenance of tLc Kev Ma.-co Communir,~ co.'r~'non areas right-of'.wa?s. - . 'D:,e responsibility of this program is anrlcipa:ed to Ge transfe:'red to the District for Fiscal Year 1999. Ail costs are based upon the Communi~' Assoelat~'ons 1998 Budget plus a S% increase. The District has not independently veril%d the accuracy of these costs. Per son',riel T'nis category, provides for the programs personnel requisements as curt'eh:fy provided by t~Se .Com.."nuni .fy Association.. The cost shown includes tie salary, taxes and benefits. Rentals and Leases This category provides for the lease of vehicles and equipment as necessa 't out the responsibilities of the De,~artme-. ',"~ . /5 o carry. . - ~ .ut. ~ ne cur':'e=t equtpment used in this operation ;s cu~ently owned by the Community Association and will be leased to the District for SI a .','ear. However, much of the existing equipment has reached it's useful life expectancy and will need to be replaced, therefore the District anticipates this costs to be financed thtou=h a municipal lease with a monthly payment ors 1666.00 or $20,000 annually. The Dis~ct wi~l the equipment at the end of the lease term. Repairs and Mamtenance TNs ca:~gorv covers ~e cost of parts and fuel for the vehicles and equipment utilized by the Depar'rm.,.ent. The ..costs are projected based upon historical costs. Insurance This category cl;vers the cost of insurance for the above mentioned vehicles and equipment. The cost are projected based on historical costs. Minor Operating Equipment This category, covers the costs associated with rrdsceL~aneous supplies such as small equipment, plant replacement, mu/ch, employee un/forms etc..The costs are projected based upon histo~cal costs. L'rfl:~' Sen'ices This category covers the costs associated with elec~city, irrigation and durnps:er fees related to this departments operations. The costs m-e projected based upon historical costs. Ca~'i:al Outlay There are no capital outlay requirements for Fiscal Year 1999. -:'0.000 £ 2 O.000 52.:.100 $?.000 S 1 $ 0.000 SO 8 · Key Marco · Community Development District Budget Fisc~! Year 1999 General Fund I01 Landscaping See-vices Budget Summary Chemicals The District's landscape maintenance program uses various chemicals for the con=ol of unwanted weeds, insects and diseases as well as fertilizers to promote the gro~ and health of landscape material within the common areas and fight-of-v,'avs. The cost projected are based upon historical cost. Miscellaneous Total Landscape Services: The responsibility of this program is antic/FaTed to be =ans,te..'red to the District for Fiscal Year 1999. All costs projected are based upon reformation provided by the Communir-/Association. Con=actual Se~'ices The DistrSct will sub-con=act with a qualified con=actor for the supply of officers and related equipment neeessaO. m car'v/ing out these duties. M:scellaneous Operating Supplies This catego.D' ',,,'ill cover the costs of miscellaneous supplies, utility and telephone services. The cost projected are based upon historical cost. Ocher Fees & Charge~ Tax Collector Fees are based on Fiscal Year 1999 assessmer,:s to be collected. The Tax Collector charges r,'.'o (2) p~rcent of the assessments collected. Proper'O' Appraiser Fees are based upon Fiscal Year 1999 assessments to be collected. The Propers. Appraiser charges one (1) percent of the assessments collected. ' Revenue Reserve The Dis=ict currently reserves and State Law pe..'mits the Dis~ct to appropriate 96% of estimated revenues, which will cover discomq:s and non-payment of' assessments. 52-:'.000 52.500 S437.025 599.750 55.000 Total Security Services: 57.057 $2S.3-:S Total Other Fees & Charges~ Total Appropriations: 5710.54'-'--'-'--'-~ Key Marco Community Development District Budget Fiscal Year 1999 16 2 Debt Service Fund 201 Statement of Revenue, Expenditures and Changes in Fund B-'qance For the Fiscal year Ending September 30, 1998 Revenue: Acrual Anticipated T,~ m l Budget Received or Expended Fiscal Year FY 98 3/31/98 Tkru 9/30/98 1998 VaNance Favorable (L'r. fivorable) Assessment Lc,,5, Principal Prepays Bond Proceeds Interest Income Total Revenue: Agrrorriations: Debt Sec'ice: 51.201.936 $373,994 $827,942 51.201,936 SO 50 $296,797 $97,997 5394.794 50 $0 $0 50 SO $102,720 S~5,S26 556,89~ 5102,720 S0 ~ S716617 - ~ · $9~-.$33 51.699.450 $39a.79a Ps, ri. Prepays $200,000 $a05,000 $195.000 $600.000 (5-:'00.000) Principal Rtt~e 5335,000 $335,000 50 5335.000 $0 Interest Expense 51,I 69,656 5595,060 : 557a,596 51,169,656 Total Appropriations $1.704.6.6 $I.-%5,060 57~ ~e September 30,1997 (Actual) Reserved for Debt Service (All Years) Resea'ed for Debt Service (Fiscal Year 2000) Principal Bonds Due December 1, I999 Interest Expense Due December I, 1999 To:al: ',esen'ed for Ex~aordinary Redemption 12/1/98 Unar~ro=.qated Fund Balance S~r 30, 1998 $380.000 5536.156 (5405,206) $2,816,5-~- SI,446,000 $916.156 50 Key Marco Community Development District Budget Fiscal Year 1999 Revenues: Unappropriated Fund Balance Assessment Levy Interest Income Appropriations: Debt Se.',,'ice Principal Debt Retirement In:crest Expense Other Fees & Charges Properv,; Appraiser Tax Collector Revenue Rese~'e Debt SeN'fee Fund 20I Budget Summa~, Total Revenue: Total Debt Service: Total Other Fees & Charges: Total Appropriations: Assessment 1~' 99 1%' 98 Assessmen: Levy S 1,378,5 $4 $ 1,421,573 Number of Units I26 131 Assessment Per Unit: $10.941 510.852 Schedule of Principal Outstanding for each Lot Original Principal Outstanding Principal Paid to Dare Principal Paid. Fiscal Year 1998 Balance Outstanding: SI07,910.00 59,912.56 $2.$96.$3 -$95.100.61 S49,201 SI.37~.554 5102.670 5350.000 $I.0S7.625 $1.437.b25 $26.2~0 S12.957 553.573 S92.800 S1.530.425 Key MarCo Community Development District Budget Fiscal Year 1999 Revenue Summary: Debt Service Fund 201 Reserve Account: The Bond Resolution authorizing the issuance of the Series 1992 Bonds established this account and provides that the Bond Resev/c Requirement shall be an amount equal to the maximum amouat of principal instalLments and interest payable in an.',' year on all bonds outsta~di:g. The monies in the reserve account, to the extent of the bond reserve requkemem, are not available for any purpose other than the payment of the principal insulL.'nen: and interest on the Bonds. Reserve RequL':mcnt: $1,446,000.00 interest }Late: 5.99% Debt Service Accounts: The Bond Resolution authorizing the issuance of the Series I992 Bonds established four (4) Debt Service Accounts to track the flow of funds from thc receipt of monies tkrough the payment of Debt Service. The following are the accounts which have been established pursuant to the Bond Indenture. Description Interest Revenue Fund $15,000 Sinking Fund (i~cludes) Interest Account S50 Principal Account $50 Redemption Account S 1.000 S16,100 6Gl S$6.570 S16,100 12 Key Marco Community Development District Budget Fiscal Year 1999 168i Debt Service Fund 20I Appropriations Debt Service Principal Re~ement. (December I, 1998) In:crest Expense for the period ending December I, 199S for the period ending ]uae I, 1999 Total In:crest Exper, se: $350,000 S551,469 S536.156 SI,087,625 S1.437.625 Other Fees & Charges Tax Collector Fees are based on Fiscal Year 1999 Assessmen:s to be collected. The Tax Collector's fees are ~'o (2) percent of the assessments colle¢:ed. Propert7 Appraiser Fees are based on F/sca[ Year 1999 Assessments levied. The Property. Appraiser's fees are one (1) percent of the assessments levied. Revenue Rese~'e The Dis~ct currently reserves and State Law permits the District to appropriate 96% of e, stimated revenues, which will cover diseotm~s and non-payment of assessments. 526.2.:0 512.987 55j.57': Total Other Fees & Charges: S92,800 Total Appropriations: S1.530.425 RF_~OLUTION 98-6 A RESOLUTION LEVYING A DEBT SERVICE AND OPERATION AND MAINTENANCE ASSESSMENT WITHIN THE KEY MARCO COMMUNITY DEVELOPM'ENT DISTRICT FOR FISCAL YEAR 1999 WHEREAS, the Board of Supervisors of the Key Marco Community Development District finds that the assessment for operation and maintenance of the District during 1999 will amount to $708,711 and it is hereby determined that said maintenance is required within the District; WHEREAS, the Board of Supervisors of the Key Marco Community Development District finds that the assessment for debt service of the District during 1999 will amount to S1,378,554; and it is hereby determined that said debt service is required for the District; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF TtIE KEY MARCO COMMUNITY DEVELOPMENT DISTRICT; .-1. That a maintenance assessment in the total sum amount of $708,711 and the sa.me is hereby levied upon each tract or parcel of land within the Key Marco Com. munity Development District. 2. :That a debt service assessment in the total sum amount of S1,378,554 and the same is hereby levied upon each tract or parcel of land within the Key Marco Community Development District. 3. That the collection and enforcement of the aforesaid assessments shall be at the same time and in like manner as Collier County taxes. All assessments shall be subject to the same discounts as Collier County taxes. 4. That the said debt service and maintenance assessment levy and the lists of lands included in the District are hereby certified to the Collier County Property Appraiser to be extended on the County Tax Roll and shall be collected by the Collier County Tax Collector in the same manner and time as Collier County taxes. The proceeds therefrom shall be paid to the Key Marco Community Development District. BE IT FURTHER RESOLVED, that a copy of this Resolution be transmitted to the proper public officials so that its purpose and effect may be carried out in accordance with the law. PASSED AND ADOPTED this 12th day of August, 1998, by the Board of' Supervisors of the Key Marco Community Development District, Collier County, Florida. ~a~es P. Ward / Secretary-Treasurer MARY W. MORGAN SUPERVISOR OF' ELECTIONS COLLIER GOVERNMENT COMPLEX 3301 TAMIAMI TRAIL EAST NAPLES. FLORIDA 34112-4902 TELEPHONE: 941~,774-8450 FAX: 941~,774-9468 16Gl August 7, 1998 Mr. Gary L. Moyer, Manager Land Development & Management 10300 N.W. Eleventh Manor Coral Springs, FL 33071 Dear Mr. Moyer: SUBJECT: KEY MARCO COMMUNITY DEVELOPMENT DISTRICT Attached is the demographic report of the June 1, 1998 voter registration in the community development district. The' cost of p'roviding these statistics is $25. The check should be made pay- able to the... Superv sor of Elections. Please fCrgive my delay in forwarding this material to you. Sincerely, Mary W. Morgan Supervisor of Elections Encl. LU 0 ~ LU 0 0~000 ~ 16G 00000 00000 00000 00000 0~000 00000 00000 ~0000 ~0000 O~oo0 0~000 00000 o o o°~$~2°2°o o ~ ~0 0 0 0 0 O0 ~o C 0 la, @ 0 .!~0000000000000000000000 00000000000000000000 000000000000000000000 gggggggggggggggggggg! ggggggg~ ~ ggg.ggggg g 1 6Gl"t~ E C,'1 C e x · o n, o~o~o~oo~°Oo°O~O,~ ~ o go 000 0 ~ 0000,0,00 000000000 MINUTES OF LANDOWNERS MEETING KEY MARCO COM~IUNITY DEVELOPMENT DISTRICT The lando~crs meeting of thc Key Marco Community Development District was held Tuesday November 3, 1998 at 9:00 A.M. in the offices of Key Marco Developments, 3185 Horseshoe Drive South, Naples, Florida. Present were: James Reinders K,'~e n Welks Mark Taylor Alice J. Carlson Donald Henderson Amos Watson Bruce Anderson FIRST ORDER OF BUSINESS Roll Call Ms. Carlson called the landowners meeting to order at 9:00 A.M. SECOND ORDER OF BUSINESS Determination of Number of Voting Units Represented · Ms. Carlson stated we have received a proxy from the Developer representing that Mr. Reinders has 66 platted lots representing 66 votes for today's Landowners meeting. Are there any other landowners present? Mr. Henderson responded yes. I am a resident and have one lot. Mr. Watson stated I am also a resident and have four lots. THIRD ORDER OF BUSINESS Election of a Chairman for the Purpose of Conducting the Landowners Meeting Ms. Carlson stated we would like to elect a Chairman for the meeting. If'you gentlemen would like to raise a nomination and elect a Chairman, please do so. Mr. Henderson nominated Nh'. Reinders to serve Chairman of the Landowners Meeting and Mr. Watson[] seconded the nomination. FOURTH ORDER OF BUSINESS Nominations for the Position of Supervisor (3) Ms. Carlson stated there are three positions open. Arc there any nominations? Mr. Reinders stated I would like to nominate Mr. Donald Henderson, Mr. Amos Watson and Mr. Mark Taylor. N~vember 5, 1996 FIFTH ORDER OF BUSINESS Casting of Ballots Ms. Carlson stated at this time we ~511 have the landowners cast their ballots. The two highest vote getters will serve for two years. SIXTH ORDER OF BUSINESS serve four year terms and the third highest will Ballot Tabulation Ms. Carlson stated we will now tabulate the votes. Mr. Watson received 71 votes, Mr. Henderson received 71 votes and Mr. Taylor received 65 votes. What that means is Mr. Watson and Mr. Henderson ,,411 have the four year terms and Mr. Taylor will have the two year tenn. At your next regularly scheduled Board meeting, the results of this election will be certified and the Super~-isors will be sworn in. SEVENTH ORDER OF BUSINESS : Landowners Questions or Comments Ms. Carlson asked are there any landowners questions or comments? Mr. Reinders responded I would like for the next meeting to be scheduled within the next four weeks around the first week of December. Ms. Carlson stated we will go ahead and do that. Mr. Henderson asked when v,411 the tax bills go out? Ms. Carlspn responded the Tax Collector has already sent out the tax bills. If a resident has not received their tax bill as of today, they will be receiving one this week. Mr. H~nderson stated both myself and Mr. Watson would like to volunteer to assist with the supervision of the landscaping and maintenance of the grounds w4thin the District. Mr. rI'aylor stated I will accept your help. Mr. Anderson stated now that Mr. Henderson and Mr. Watson are on the Board, they are subject to the Sunshine Law of the State of Florida and they cannot meet with each other or Mr. Taylor or any other member of the Board to discuss District business unless it is at an advertised meeting. Their request to volunteer can be accepted but is suject to the Sunshine Law of the state of Florida. Mr. Anderson went on to explain further the Sunshine Law. [On MOTION by Ms. Welks seconded by Mr. Taylor thel[ [landowners meeting was.adjourned at 9:20 A.M. AGENDA LANDOWNERS MEETING KEY MARCO COMMUNITY DEVELOPMENT DISTRICT Tuesday November 3, 1998 9:00 A.M. 1. Call to Order Key Marco Developments 3185 Horseshoe Drive South Naples, Florida 2. Determination of Number of Voting Units Represented 3. Election of a Chairman for the Purpose of Conducting the Landowners Meeting 4. Nominations for the Position of Supervisor (3) 5. Casting of Ballots 6. Ballot Tabulation 7. Landowners Questions or Comments 8. Adjournment Naples Oaily Heys Naples, FL 339A0 Affidavit of PubLicati~ Naples Daily Ne~s KEY HAR¢O COH~UNITY DGNNA HOLIDAY 10:~:X:3 Nl~ 11TH EAteR CORAL SPRINGS FL 33071 REFERENCE: 026S06 5T762725 NOTICE OF LAN00~r~ERS State of FLorida County of Collier Before the undersigned authority, personally appeared B. Lamb, vho c~ oath says that she servel as the AssiStant Corporate Secretary of :he Nap:as Daily Ne~s/ a daily newspaper published at Naples, in Collier County, FLorida: that the attached copy of advertising vas published in said neuspaper on dates Listed. Affiant further says that the said Naples Daily Ne~s is a nevspaper published at Naples, in said CoCLter County, Florida, and that the said nevspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail ·atter at the post office in Naples, in said Collier County, FLorida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid proaised any persoq~ firm or coporation any discount, rebate, commission or refund for the purpose of securing this advertisemen: for publication in the said ne~paper. PUSLZSNE0 ON: 10/O9 10/16. ! A0 SPACE: 79.000 INCH FILE0 ON: 10/16/98 $tgr~ture cf Aft(ant ~' /~" S~orn to and Subscribed before'.e this .._~.-day of PersonaLLy ~ by ~ '~- ~ ~"~ "~ ~f CCM~,[~N ~ CC7~2521 ~.R~S I~JOTICE OF LANDOWNERS KEY COM.~UNITY DEVELOPM. EflT DISTRICT ~lotice is enerebv given tO oil landowners within tine Kev N'~rco Cornmuni. tv DeveloPment Dish'ict, tar IOnd$ generally de- scribed os c~toining proxim~ely 174 ceres by S~. 92, ~ ~e ~ by Caxom~s POSS ~e- we~ bv F~iel~ ~v and on the e~t by Blue Hill Creek, I~ed east of A~OFCO Island In Collier Ce~ntv.Florida. that o me~tinq at Oweers will be hel~ Dur~Se of ele~in~ three D~e: ~ove~er 3, 1~8 Ronto DeveloPment 318~ H~ses~oe Drive t~es, Florida ~o~ Ion~wn~ m~ vote In Der~ ~ by wriffen be ~tolned u~n recuest ~ ~ ~e ~ices of ~e Dis- Flori~o 33071, 7~3-0380. At soi~ meetino Co~t ~e v~e pek ocFe of land owned by hi~ cn~ Io- c~e~ whnin the f~ eoc~ ~e~ to a~e ~all be ~ed os one o~e. The meeting ~e~ to ~e public c~d will be co~u~ed Jn acted. once wJ~ ~e ~ovJ~Jon: of FI~i~ L~ t~ Com- muni~ Devel~ment Dis- ~1~. E~h Der~n ~o ~cJd. es ~ OOOe~ any declsi~ mode by me ~d wire resae~ to any m~er c~siCere~ ~ me meefl~ ne~ a rec~ o~ ~e pr~ ceedin~ and th~ acc~d- J~91V, t~e per~n may need ~ entre ~ a vet. b~m rec~d o~ ~e pro- ceedlngs Is made, InCluding the testimony a~ evidence ~ whi~ Such appeal is to be ~ L AAov~ OFFICIAL BAI&OT KEY MARCO CO5~ DEVELOPr~ DISTRICT COIJ,IER COUNTY, FLORIDA LANDOWNERS MEETING NOVE&dBER 3, 1998 The undersigned certifies that he is the owner of land in the Key Marco Community Development District (inser[ or attach legal description of property): ..~/ ,F and casts his vote(s) for the following: The two candidates receiving the highest number of votes shall be elected for a four year t~rm and the th/rd candidate shall be elected for a two year term. Name of Candidate Number of Votes £ Name: Address: LAN~DOWNER PROXY LANDOWNE~ MEETING - NOVE~ 3, 1998 KEYMARCO COMMIONITY DEVELOPi~IENT DISTRICT KNOW ALL MEN BY THESE PRESENTS, that the undersigned hereby constitutes and appoints: And each of them, attorneys and agents, with power of substitution in each of them for and in behalfof the undersigned, to vote as proxy at the meeting of thc Landowners of the Key Marco Community Development District to be held at thc o~ces of Ronto Development Marco, 3185 Horseshoe Drive South. Naples. Florida. Tuesday, November 3, 1998 at 9:30 A.M.; said meeting published in a newspaper in Collier County; and at any adjournmen'ts thereof, according to the number of acres of unplatted land and/or platted lots owned by the undersigned landowner which the undersigned would be entitled to vote if then personally present, upon any question, proposition, or resolution or any other matter or thing which may come before said meeting including, but not limited to, the election of members the Board of Supervisors and may vote in accordance with their discretion on all matters not known or determined at the time of solicitation of this proxy, which may legally come before the meeting. Any p~oxy heretofore given by the undersigned for said meeting is hereby revoked. This proxy is to continue in force from the date hereof until the conclusion of the annual meeting and any adjournment or adjournments thereof, but may be revoked at any time by notice thereof, in writing, filed with the Secretary of the Kev Marco Cemmun,.'ty Development District. Number ofunplatted acres owned and entitled to vote: Nuraber of platted lots owned and entitled to vote: OFFICIAL BALLOT The undersigned certifi , Commurdty Develonm,,-, ~,. - e.s. th. at he is ~he wn~, · - ~',~ o~stnc~ (insert or attac~'i~'~l°f land in the Kev Marco ~_-Fz ~8_~/ ~e$c~..,~o,,./ description of proPerty): and casts h/s vote(s) for the follow/ng: ," The twd' candidates receiv/ng the h/ghest number of Votes shall be elected for a four y.e. ar term and the th/rd candidate shall be elected for a two year term. Name of C~ud/da [e Number of Votes Name: Address: OFFICIAL BAT,LOT KEY Bt-tRCO C05L~IUNT/,y DEVELOPM~.N-T DISTRICT COLLn~R C0 ~'T~, FLORIDA N0~m~ 3, 1~8 The undersigned certifies that he is the owner of land in the Key Marco Commurfity Development District (insert or attach legal description of property): and casts his vote(s) for the following: ." The tw6' candidates receiving the highest number of votes shall be elected for a four ye. ar term and the th/rd canal/date shall be elected for a two year term. Name of Candidate Number of Votes / ! Name: Address: MEMORANDUM ECF. WF_rl 5 G ] ~isc. Correspondence Agenda Dale Agenda Item ~ TO: FROM: DATE: RE: Sue Filson, Administrative Assistant Board of County Commissioners Derek Johnssen, General Accounting Manager Clerk of the Circuit Court/Finance Depadment December 28, 1998 Miscellaneous Correspondence. BCC Agenda Please place the following items on the next available ~nd call me at extension 8350 with the date and Miscellaneous Correspondence agenda item number. _Pelican Marsh Community Development District Pursuant to Florida Statutes Chapters 189 and 190, the Pelican Marsh Community Development District has submitted the following: Thank you (a) (b) Schedule of Meetings for Fiscal Year 1998 - 1999 District map for 1998 - 1999 Constant ! ne J % F,ac'K1~/..-/ .., ~., :~pecial~pedal t,';i;c. Coues: D, ~e. Copies Pelican Marsh i _ Community Development District 10300 N.W. l l th Manor+Coral Springs, Florida 33071 +Phone: (954) 753-03,g0+Fax: (954) 345-12~2 November 16, 1998 Robert Fernandez County Manager c/o Collier County Governmental Center 3301 East Tamiami Trail Administrative Bldg, Second Floor Naples, Florida 34112 Clerk of the Circuit Court Finance Department c/o Timothy J. Gillett 267i Airport Road, Cour£ Flaza III P.O. Box 413016 Naples, Florida 34112-3016 RECEIVED FINANCE Dear Mr. Fernandez and Mr. Gillett: In accordance with Chapter 189 Florida Statutes we are required to provide to you at the beginning of each fiscal year a notice of our public meeting schedule and a District map. The District map was provided to you under separate cover and the Board of Supervisors of the Pelican Marsh Community Developmen£ District will hold their meetings for Fiscal Year 1998 in the oundatmn Building, 1498 Pelican F ' Marsh Boulevard, Naples, Florida at 9:00 A.M. on thc third Wednesday of each month as follows: October 21, 1998 November 3, 1998 (Landowners Meeting) November 18, 1998 December 16, 1998 January 20, 1999 February 17, 1999 March 17, 1999 April 21, 1999 May 19, 1999 June 16, 1999 July 21, 1999 August 18, 1999 September 15, 1999 Ifyou have any questions or comments, please contact me. Sin,~erely, Gbiry L. Moyer '"~ Manager O01X3fl :JO J'IJ'lO RECEIVED MEMORANDUM DEC 2 8 1995 M~sc. CorreSpondence Agenda Date _. Agenda Item # TO: Sue Filson, Administrative Assistant Board of County Commissioners FROM: DATE: Derek Johnssen, General Accounting Manager Clerk of the Circuit Court/Finance Depadment ~,/~])'"~ December 28, 1998 RE: Miscellaneous Correspondence - BCC Agenda Please place the following items on the next available BCC agenda and call me at extension 8350 with the date and Miscellaneous Correspondence agenda item number. Port of the Islands Community Improvement District 1. Pursuant to Florida Statutes Chapters 189 and 190, the Pod of the Islands Community Improvement District has submitted the following: Thank you :t~peciar~,peoal (a) (b) (c) (d) (e) Minutes ol' Meeting held August 6, 1998 Minutes of Meeting held November 3, 1998 Audit for 1997 Budget for 1998 Description of Outstanding Bonds Carter lo: Port of the Islands COMMurI~T'~, iMPROVLM~.,NT DISTRICT November 11, 1998 Memorandum To: Clerk of the Circuit Court c/o Timothy J. Oillett P.O, ~ ~13016 Nap{es, F{orida 34112-3016 Robert Fernandez Collier County Manager Governmental Center 3301 East Tamiami Trail Naples, Florida 33962 David Black Hoch, Frey & Zugman 4875 North Federal Hwy., 4th Floor Fort Lauderdale, Florida 33308-4610 Thomas L. Barnard 253 Sunrise Cay Unit i02 Naples, Florida 34114 Reference: From: Tim Stephens Port of the Islands C.I.D. 12600 Union Road Naples, Florida 34114 Minutes of Landowners Meetings held November 3, 1998 Gary L. Moyer Manager Enclosed for your records is a copy of the minutes of meeting held by the Board of Supervisors of Port of the Islands Community Improvement District as referenced above. GLMSmr 10300 N,W. 11th Manor · Coral Springs, Florida 33071 · (954) 753-0380 · Fax: (954) 755-6701 MINUTr~S OF LANDOWNERS MEETING PORT OF THE ISLANDS COMMUNITY DEVELOPMENT DISTRICT The Landowners meeting of the Board of Supervisors of the Port of the Islands Community Development District was held Tuesday, November 3, 1998 at 4:00 P.M. at the RV Recreation Hall, 12425 Union Road, Naples, Florida. Present were: John Petty Robert Hardy Ted and Mary Bissell Ronald Weagley Neary & Doug House Sandra Spross Lorraine Jones Anneliese O'Donnell Cermak Nanriette Gatti Dee & Hubert Hall Millie Strohm Kenneth Brown Robert & Martha Genung Elizabeth Townsend Helen Barns Hanson Robert Corney Forrest & Dona Harman dohn Dreyer Sam Marchand J. Makara Linda McNeil Gerry NcNeil L. Rose Clarence Day Robert Emerson Brian Sheehan David Naske J.W. Payne Marlene Wolsky Barry Berger Bob Lisley Del Cook Tom Barnard Bruce Anderson Brennen GiIlespie Richard Gatti Barnard Wolsky FIP~r ORDER OF BUSh-NF_.,SS Call to Order Mr. Petty called the Landowners meeting to order of the Port of the Islands C.D.D. for Tuesday, November 3, 1998 at 10:30 A.M. We have three November 3, 1998 open seats that you are here to vote on. The seats that have expired are Mr. Bernard, Mr. Gatti and Mr. Wolsky. As we go through this I am going to explain to you as simply as I can the procedure of this meeting. If you have any questions at any time, please call out to me and I will try and answer them. If there are any questions during the vote, I will be available to help you out if you have difficulties. Do not feel that you are being rushed, we have all the time you need to make sure that this election process goes the way that it 3s supposed to. SECOND ORDER OF BUSEN'ESS Determination of Number of Voting Units Represented Mr. Petty stated I would like to start off with thc single family homeowners. When you make your vote for each home that you have, you have one vote. You and your husband do not each have a vote. Just that household has a vote so you have to decide who is going to give the vote. All those single family homes present that represent one vote please raise your hand. For those people that just came in, we arc just trying to get a rough guess here, how many votes do you represent? We have 19. Is there anyone here that has more than one vote in the single family area? Mr. Berger you have five. A resident stated I have four including that single family. A resident stated I have two. Mr. Petty stated we have 29 single family votes represented in this room. Is there anyone here that represents a landowner with more than one vote? Mr. Hardy, how many votes arc you representing? Mr. Hardy responded 287. Mr. Petty stated for all the residents that are here, let me explain something to you. A resident stated here are two more single family votes. Mr. Petty stated that is 31 single family vote, 32. The way it works is you get one vote for each acre or any fraction of an acre that you own thereof. Single family homes are a fraction of an acre so that single family home gets one vote. A landowner may have 100 acres which he will get 100 votes for and he may also have 20 acres over here that have been subdivided already into 80 single family homes he would get 80 votes because it has been subdiwided and there is a tax folio number for each lot. November 3, 1998 A resident stated I have another lot. Mr. Petty stated then you have another vote. Remember that when you vote because if you have a lot and a home, you have two votes. Ms. Strohm asked my property is one condominium and one lot and I did not know ifyou were dividing that so I put down I have two is that okay. Mr. Petty responded your fine. The condominium has a vote because it is a fraction of an acre and if you have a vacant lot that you have not built on that has as a vote as well. Are there any other Landowners present that has more than one? .Ms. Marchand stated I have 96.16. Does that, give me 97 or 96? Mr. Petty responded 97 votes. Are there any other Landowners representing property? A resident stated when you asked for single family homes I did not raise my }land. ! am a condominium owner. Mr. Petty stated that is one vote. Are there any condominium owners here as well because you get, a vote for each condominium you own? So far we have approximately 40 single family residents including condominium and we have 287 votes represented by one Landowner, Mr. Hardy, and 97 by Ms. Marchand at the RV Park. Are there any votes that we have missed? We have 424 votes in the room. When we do our tabulation we will try and tie to that number. TII/RDORDEROFBUS~ Election of Chairman for the Purpose of Conducting the Landowners Meeting Mr. Petty stated for the proper protocol to be adhered to we would elect a Chairman for this meeting from the group of Landowners present, to conduct the business of this meeting. Basically, this is so you would come up to this table and all questions would be pointed toward that chair to be recognized and keep order in the room during the election. It would be for this meeting only and I will now take nominations from the floor for Chairman for this meeting. Ilk'Ir. Berger nominated Mr. Barnard as Chairman and Mr. Sheehan seconded the nomination, there being no further nominations, Mr. Barnard was elected Chairman. 3 November 3, 1998 FOURTII OPdDF_.R OF BUShNESS Nominations for the Position of Supervisor (3) .Mr. Barnard stated the next item on the agenda is thc nominations for the position of Supervisor. There arc three positions to be filled. Each voter who has a vote will vote for three. Do not vote halfa vote. Do not vote it all for one person. You should vote for three. At this point thc floor is open for nominations. land Mr. Harman seconded the nomination. Mr. McNeil nominated Mr. Gatti as Supervisor Mr. Emerson nominated Mr. Berger as Supervisor and Ms. Strohm seconded the nomination. .\Ir. Naske nominated Mr. Wolsky as Supervisor and Mr. Payne seconded the nomination. II.\'ls..Jones nominated Mr. Sheehan as Supervisor [and .\Ir. Harman seconded the nomination. Il.\Ir. O'Donnell nominated Mr. Genung as ]Supervisor and Mr. Brown seconded the [nomination. Mr. Marchand nominated Mr. Brennen Gillespie as Supervisor and Mr. Gatti seconded the nomination. *Is. Strohm stated I would like a clarification on the way we vote. If I have three votes, do I pick three people and give them each three? Mr. Barnard responded yes. What we do not want you to do is if you have three votes--don't vote for five people. Theoretically there are three positions to fill. We would like for each ofyou vote for three people. Mr. Anderson stated I do not what anyone to get confused. Ms. Strohm is right is because she has three votes anyway with your proxies, but each one of you gets up to three votes to cast for each one of the three different supervisors. 4 November 3, 1998 Mr. Barnard stated you get one vote to cast for each of three Supervisors. Mr. Petty stated we have some displays that will help this out a little bit. ,Mr. Barnard stated one vote for each of them. We are saying the same thing. Mr. Petty stated we are going to define that a little further. If I could, for the nominations I would like to get the correct spelling. I want to put your names up on the wall so people to not get confused. Mr. Berger, is it Berry or Barry'? Mr. Berger responded Barry. Mr. Petty stated we are going to keep these up so that when you go through the voting process you know who the nominees are. Mr. Gatti stated I was just going to suggest that we get the ballots in our hands and then explain it to us so we know what we are looking at and how we are going to do it. Mr. Petty stated it would be appropriate to have each nominee talk about their qualifications. .\Ir. Barnard stated at this point in the order of nominations, I would like to have each of the candidates introduce themselves and tell us a little about themselves starting with Mr. Gatti. Mr. Gatti stated my name is Dick Gatti. Nan and I have lived here for about I0 years and this is all the talking she allows ~ne to do. I am employed with the City of Naples and I am the City Engineer and Development Services Director. I enjoy working on the Board and appreciate your vote. Mr. Barnard stated Mr. Berger. Mr. Berger stated I am Barry Berger. I am a fisherman, a pool man. I came to the Port of the Islands about four years ago. Before I came here my professional experience was 15 years as Director of Internal Audit with a 8160 million. My job was to perform financial and operational audits to protect the Country's assets as far as profitability is concerned....I care very much about out place in paradise and I will try very hard to help paradise be a better place whether I work for you to help publish the phone directory or whether I work for you by contributing to the POI newsletter or whether I work with you trying to rejuvenate our 'channel marker program or 5 November 3, 1998 whether I work for you starting the neighborhood watch program or whether I work for you by helping the Developer plan to bring fire and EMS equipment on the Port which may happen in a couple of month. I have consistently worked for our community without being asked and now I ask that you help me do more. Mr. Barnard stated Mr. Wolksy. Mr. Wolsky stated my name is Bernie Wolsky. I have been on the Board ['or four years. We have been residents of the area since April of 1994 prior to that we were down in Chokoloskee Island since 1984. I am a full time resident of the area. I am a retiree from the CIA since 1980 so I have a great deal of experience as a retiree. I really am interested in the community. I have enjoyed my term on the Board. You learn an awful lot and I request your vote. Mr. Barnard stated Mr. Sheehan. Mr. Sheehan stated I am Brian Sheehan. I live over at one of the condominiums and have for three years now. I also am retired. I was a school teacher for 33 years and while there I had every office that was possible to hold including President of the Association. I presently am President of the Association of Sunrise Cay Condominiums Number 1 and I would like very much to serve on this Board if I could have your vote. Mr. Barnard stated Mr. Genung. *Ir. Genung stated my name is Bob Genung and like most of you I like living here. We make this our full-time residence and this is an unusual opportunity for me. I have a heavy background in real estate development and insurance property management and served on the Board of several retirement villages in Indianapolis. So I am familiar with some of the technicalities that go on with running a community like this. I would always be at your call to answer any questions you might have. We have developed the directory. If you haven't received one yet, give me a call and I will see that you get one. I have a few with me today. If you see fit to have me represent you, I would be very happy to do so. Mr. Barnard stated Mr. Gillespie. Mr. Gillespie stated I am rather new to the community from a standpoint of a full-timer. This is my first year as a full-time resident. I have been a member of the RV park for my last four winters. In January Ms. Marchand hired me to manage her gun Club for her so I went from a November :5, 1998 retiree back to the working world. I will continue to do that through the next year and perhaps further on. I am also looking into becoming a condominium owner. My background is basically in the construction field. I was the Chief Operating Officer of Nationwide Ventilation Wrecking Company in Detroit, Michigan and the last venture I had was with my youngest son, Scott, we had seven Little Caesar pizzerias in Atlanta. If you go from pillar to post, that is what I did. I am down here full-time and I plan to make this my retirement home on a full-time basis and look forward to serving you on the Board. FI:FTI I ORDER OF BUSINT_,%~ Casting of Ballots Mr. Barnard stated you are going to be receiving an official ballot. One per family if you have one property interest. If you have a condomimum and two lots, you get three votes. I think everybody is pretty comfortable with how this works. You will have a space to write in the names of three of the candidates and the names are posted all around the room so you can see them. You will write in three names. If you have one vote, you will put one, one, one beside each of those three names where it says number of votes. If you have five votes, you put in five beside each name that you write in. There is a spot for you to put your name and your address and we would appreciate it if you would complete the form. I think it is pretty self explanatory, but while they are going out, are there any uncertainties or questions about how the voting works? While you are voting if you have a question raise your hand I will come and talk to you or send Mr. Petty. A resident asked if we have two votes, do we need two forms? Mr. Petty responded the same form. Mr. Barnard stated if you have two votes, you would write in three names and two, two, two. A resident asked do we have to apply the proxy to the ballot? Mr. Barnard responded yes, we will collect the proxies when we collect the votes. Those of you that have proxies we will need copies of those to certify them before we count the votes. Mr. Petty stated we will come down the isles to pick up your forms and your proxies in a few minutes. Did everybody receive a ballot? November 3, 1998 Mr. Day stated I thought you said that if you have three votes and three different candidates it is one vote for each candidate. Did you not say that if you wanted to vote for just one, you can put three for that one Supervisor. Mr. Barnard stated you have one vote and you vote one time for each of the three candidates. If I said that, I have misspoken. Mr. Petty stated at the top of your form it says legal description, that is if you own a parcel of land without a standard address. If you own a single family home, you have a street address that you fill in at the bottom. The top is basically for those undefined parcels that may not have street addresses. Does anybody have any questions? Is everybody about done? We are going to start collecting these right now. You can fold them if you would like. SIXTH ORDER OF BUSU,,'ESS Ballot Tabulation Mr. Petty stated we will go ahead and start tabulating the votes. Ms. *larchand stated while they are doing that if anybody would like some refreshments they are down at this end. Mr. Barnard stated the votes have been cast and the votes are in. For a four year term with 420 votes leading the pack, Mr. Gatti. Fo~ seat number two also for a four year term, Mr. Wolsky. For seat number three with a two year term, Mr. Gillespie. Many of you have asked why I chose not to run again this year and I have to tell you is because I found out Mr. Wolsky used to be in the CIA and I did not want to take anymore chances. SEVE~YI'HORDEROFBUSLNESS Landowners Questions or Commen~s Mr. Barnard asked are there any questions or comments? Mr. Berger stated I would like to wish the Board members good luck and we are going to try and help them as much as we can. A resident asked why is this election held in the month of November when most of the people that live down here are here in February or January? Mr. Barnard responded the election is mandated by the Statutes of the State of Florida and it must be on election day. The same day you are voting for whomever you voted for today. It is election day in the United States. November 3, 1998 1 661 A resident asked could this be changed where they are nominated a week or a month before and then voted on later? Mr. Petty responded anyone in this community can let their intentions be known that they wish to run for that office during the Landowners meeting again it is State Statutes that says nominations ~5ll be taken from the lloor, but they are welcomed to politic whenever they think it is appropriate. A resident stated people voting by proxy do not even know who is running. Mr. Barnard stated it depends on whoever they give their proxy to chose for them. You can petition the legislation of the State of Florida to change the law, but until we change the law we have to do what the State of Florida tells us too. A resident asked what about an absentee ballot? Mr. Petty responded the proxy represents an absentee ballot where you would give you vote to someone that you would trust. Tell him what your concerns are and ask them to vote your conscience. A resident stated I wish the State of Florida would recognize when the snowbirds get down here. Mr. Petty stated the recognize it when the tax money comes in. EIGI-FI]I ORDER OF BUSINESS Adjournment The mueting adjourned at 5:00 P.M. 9 Tuesday November 3, 1998 4:00 P.M. AGENDA LANDOWNERS MEETING PORT OF THE ISLANDS COSE~IUNITY E~[PRO~ DISTRICT RV Recreation Hall 12425 Union Road Naples, Florida 1. Call to Order 2. Determination of Number of Voting Units Represented 3. Election of a Chairman for the Purpose of Conducting the Landowners Meeting 4. Nominations for the Position of Supervisor (3) 5. Casting of Ballots 6. Ballot Tabulation 7. Landowners Questions or Comments 8. Adjournment Naples 0ally Ne~s Naples, FL 33940 Affidavit of Publication Naples DaiLy Ne~s PORT OF THE ISLANDS 10300 I~ 11TH I~ANOR CORAL SPRINGS FL 33071 REFERENCE: 0109A8 57762582 NOTICE OF LAnOOgNERS State of Florida County of ColLier Before the undersignec~authority, personally appeared B. Lamb, ~ho on oath says that she serves as the Assistant Corporate Secretary of the NapLe~ Daily Ne~s, a daily newspaper published at Naples, in Collier County, FLorida: that the attached copy of advertising vas published in said newspaper on dates Listed. Affiant further says that the said Naples 0ally Ne~s is a newspaper published at Naples, in said Collier County, FLorida, and that the said newspaper has heretofore been continuously published in said Collier County, FLorida, each day and ~as been entered as second class mail matter at the post office in Naples, in said Collier County, FLorida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or coporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. PUBLISHED ON: 10/09 10/16 AD SPACE: 66.000 INCH FILED Off: 10/16/98 Signature of Affiant /J'' S~orn to and Subscribed before me this ,,r,onalLy k ,n by me 1 6Gl 0120,0mE OF MEETING NOTICE Of: LAr~DOWNERS ~tEETING PORT OF THE ISLA~JOS CO~AMUNITY I f,-~° R OVEME~IT DISTRICT ~Jotice 15 ~ereDy given to Oil landowners wi~in P~ Of ~e ISIo~s mun~ Improveme~ Dis- til. fh~ a meeting of land--ers will ~ held f~ ~e purp~ of ele~ D~e: Novem~r 3, 1998 Time: 4~ P~,~ Pl~e: in ~e RV Recre~ion Hall 12425 Union Na~les, Fl~i~ ~ ~oined uDon reaue~ ~ ~e o~ces of Po~ of Islands Inc 25~ Tamio- mt Tro I East, Nobles, FI~I~. At said meeting ~roxy shall be entitled to land owned by ~tm and Io. c~e~ within the Distrid f~ eoc~ ~ers~ to be etched. A tro~ion of on acre ~oll be ~e~ed one o~e. The me~ing ~en to ~e oubllc on~ will De conOu~ed in of Fl~i~ Low f~ Com- mufl)~ Devel~me~ Dis- E~ch ~er~n who ~ to ~oe~ ~y ~de by ~e ~d Is ~is~ ~ per~ ~ll need o rectal of ~e ceedln~ ond t~ ~im ~ec~d of ~e ceedlngs IS mode, including ~e fesfimony O~ evidence ~on which such ogDeoI is ~0 ~sed. 16Gl OFFICIAL B~TJ PORT OF THE ISLANDS C05h~IUN]TY h-MPRO~ DISTRICT LA~NX) OVikNF_.RS I', I+2.F. Th-NG NOVEMBER 3, 1998 The undersigned certifies that he is the owner of land in the Port of the Islands Community Improvement District (insert or attach legal description of property): and casts his vote(s) for the following: The two candidates receiving the highest number of votes shall be elected for a four year term and the third candidate shall be elected for a two year term. Nnme of Cancllch~te N,,mber of Votes ~-"7 Name: Address: OFFICIAL BAI,LOT PORT OF THE ISLANDS CO~L~IUNITY h-M2PRO~ DISTRICT LANDOWNERS 1W~.ETING NOVE~IBER 3, 1998 16Gl The undersigned certifies that he is the owner of land in the Port of the Islands Community Improvement District (insert or attach legal description of property): and casts his vote(s) for the following: The two candidates receiving the kighest number of votes shall be elected for a four year term and the th/rd candidate shall be elected for a two year term. 1Y-me of Candidate :\ :. k,', "--' ~ ..... Number of Votes Name: ..., _ - ~ - Address: OFFICIAL BALLOT PORT OF 'rite ISLANDS C 05EYIUNITY E~[PROV~tENT DISTRICT LAN'DOWNERS MEETING NOVE~ 3, 1998 The undersigned certifies that he is the owner of land in the Port of the Islands Community Improvement District (insert or attach legal description of property): ,¥ and casts his vote(s) for the follo~ng: The two candidates receiving the highest number of votes shall be elected for a four year term and the third candidate shall be elected for a two year term. Nnme of Candld~te Nt~mber of Votes / OFFICIAL BAT PORT OF TH/g ~NDS COS~g.rNTrY LMI:'ROV~'~rENT DISTRICT LA~N~ O~~ 1WEETEWG NOVE~[BER 3, 1998 The undersigned certifies that he is the owner of land in the Port of the Islands Community Improvement District (insert or attach legal description of property): and casts his vote(s) for the following: The two candidates receiving the highes~ n-tuber of votes shall be elected for a four year term and the third candidate shall be elected for a two year term. Name of Candidate Number of Votes Name: Address: OFFICIAL BAT .LOT PORT OF TI-IE ISLANDS C05~',IUNITY ~IPROV~~ DISTRICT LANDOWNERS I~~G NOVEM~BER 3, 1998 16G1 The undersigned certifies that he is the owner of land in the Port of the Islands Community Improvement District (insert or attach legal description of property):I and casts his vote(s) for the following: The two candidates receiving the highest n;,mber of votes shall be elected for a four year term and the third candidate shall be elected for a two year term. Nn~e of Candidate Number of Votes OFFICIAL BAT,LOT PORT OF THE ISLANDS COM~i'UNI'rY E~[PROVEI~IT DISTRICT LANDOWNERS lV~.~.TING NOVEMBER 3, 1998 The undersigned certifies that he is the owner of land in the Port of the Islands Community Improvement District (insert or attach legal description of property): and casts his vote(s) for the following: The two candidates receiving the highest number of votes shall be elected for a four year term and the third candidate shall be elected for a two year term. Name of Candidate Number of Votes ~ ~c. >. ~ ,', ~, (L.' a TT ~ / Name: Address: OFFICIAL BA~.LOT PORT OF THE ISLANDS CO~MI~IUNITY IMPROVEiWENT DISTRICT LANDO~~ MEETING NOVEMiBER 3, 1998 The undersigned certifies that he is the owner of land in the Port of the Islands Community Improvement District (insert or attach legal description of property): and casts his vote(s) for the following: The two candidates receiving the highest number of votes shall be elected for a four year term and the third candidate shall be elected for a two year term. N~me of Candidate Number of Votes / Name: Address: ? 16Gl OFFICIAL BAI,LOT PORT OF THE ISLANDS C O~hWI-t,rNITY I1VIPRO~ DISTRICT LANDOWNERS NOVE1ViB~ $, 1998 The undersigned certifies that he is the owner of land in the Port of the Islands Community Improvement District (insert or attach legal description of property): and casts his vote(s) for the following: The two candidates receiving the highest number of votes shall be elected for a four year term and the third candidate shall be elected for a two year term. Name of Candidate Name: Address: Number of Votes OFFICIAL BAT.LOT PORT OF THE ISLANDS CO~L-YIUNITY IMPRO~ DISTRICT LANDOWNERS ~TING NOVEMBER 3, 1998 1 6Gl The undersigned certifies that he is the owner of land in the Port of the Islands Community Improvement District (insert or attach legal description of property): and casts his vote(s) for the following: The two candidates receiving the highest number of votes shall be elected for a four year term and the third candidate shall be elected for a two year tenn. N.~me of Candidate Address: Number of Votes OFFICIAL BAT J.OT PORT OF THE ISLANDS C05~'~I'U'NITY ~fPROVEMENT DISTRICT LANDOWNERS ~KTING NOVF, I~[BER 3, 1998 16G1 The undersigned certifies that he is the owner of land in the Port of the Islands Community Improvement District (insert or attach legal description of and casts his vote(s) for the following: The two candidates receiving the highest number of votes shall be elected for a four year term and the third candidate shall be elected for a two year term. Nam: of Candidate Number of Votes LAND OWNER PROXY LANDOWNERS ~'Tk'rrlNG- NOVEMBER 3, 1998 PORT OF ~ ISLANDS CO1Vl]~urNTl~ Ii~PRO~ DISTRICT KNOW ALL MEN BY THESE PRESENTS, that the undersig-ned hereby constitutes and appoints: And each of them, attorneys and agents, with power of substitution in each of them for and in behalf of the undersigned, to vote as proxy at the meeting of the Landowners of the Port of the Islands Community Improvement District to be held in the RV Recreation Hall, 12425 Union Road, Naples, Florida, November 3, 1998 at 4:00 P.M., said meeting published in a newspaper in Collier County; and at any adjournments thereof, according to the n,,mber of acres of unplagted land and/or platted lots owned by the undersigned landowner which the undersigned would be entitled to vote if then personally present, upon any question, proposition, or resolution or any other matter or thing which may come before said meeting including, but not limited to, the election of members of the Board of Supervisors and may vote in accordance with their discretion on all matters not known or determined at the time of solicitation of this proxy, which may legally come before the meeting. Any proxy heretofore given by the undersigned for said meeting is hereby revoked. This proxy is to continue in force from the date hereof until the conclusion of the landowners meeting and any adjournment or adjournments thereof, but may be revoked at any time by notice thereof, in writing, filed with the Secretary of the Port of the Islands Community Improvement District. Votes Entitled To: N-tuber of unplatted acres owned and entitled to vote: N-tuber of plated lots owned and entitled.to vote: OFFICIAL BAI.LOT PORT OF THE ~S C 0~h-MXJNITY IMI:~ROVEMENT DISTRICT LAND OWNERS lW~.F. TING NOVE1ViBER 3, 1998 The undersigned certifies that he is the owner of land in the Port of the Islands Community Improvement District (insert or attach legal description of property): and casts his vote(s) for the following: The two candidates receiving the highest number of votes shall be elected for a four year term and the third candidate shall be elected for a two year term. Name of Candidate / Name: Address: Number of Votes / / / , OF"FICIAL BALLOT PORT OF THE ISLANDS CO~E~IUNI'rY ~M~PRO~~ DISTtLICT LANDOWNERS IVrE'~.TING NOV'~5IBER 3, 1998 The undersigned certifies that he is the owner of land in the Port of the Islands Community Improvement District (insert or attach legal description o£ property): and casts his vote(s) for the following: The two candidates receiving the highest number of votes shall be elected for a four year term and the third candidate shall be elected for a two year term. Nnme of Candidate /, · ~ Number of Votes / Name: Address' OFFICrAL BArX.OT PORT OF TftE ISLANDS COM2~ILrN'ITY E~IPROVEM'ENT DISTRICT LANDOWNEtLS MEETING NOVEbIBER 3, 1998 The undersigned certifies that he is the owner of land in the Port of the Islands Community Improvement District (insert or attach legal description of' property): and casts his vote(s) for the following: The two candidates receiving the highest number of votes shall be elected for a four year term and the third candidate shall be elected for a two year term. Name of Candidate Number of Votes Address: OFFIC~ BAr.r.OT PORT OF THE ISLANDS COBLMTJNITY L~IPROVE1WENT DISTRICT LANDOWNERS 1WE~ETING NOVE~'~IBER 3, 1998 The undersigned certifies that he is the owner of land in the Port of the Islands Community Improvement District (insert or attach legal description of property): and casts his vote(s) for the following: The two candidates receiving the highest number of votes shall be elected for a four year te~=m and the third candidate shall be elected for a two year term. Name of Candidate Nu tuber of Votes l~ame: Address: OFFICIAL BA!.I.OT PORT OF THE ISLANDS C O~l-l-rN~l~ ~IPROVE1WENT DISTRICT LANDOWNERS ~.~G NOVE?rmER 3, 1998 The undersigned certifies that he is the owner of land in the Port of the Islands Community Improvement District (insert or attach legal description of property): and casts his vote(s) for the following: The two candidates receiving the highest number of votes shall be elected for a four year term and the third candidate shall be elected for a two year term. N~?e of Candidate ,. ~.~.~_. F/~.~x Number ofVot~ / / Address: O~'~IC JAL BAI.LOT PORT OF THE ISLANDS CO~~ E~IPRO~ DISTRICT LANDOWNERS 1WE~TING NOVEI~IBER 3, 1998 The undersigned certifies that he is the owner of land in the Port of the Islands Community Improvement District (insert or attach legal description of property): and casts his vote(s) for the follo~v/ng: The two candidates receiving the highest number of votes shall be elected for a four year term and the th/rd candidate shall be elected for a two year term. Nnme of Candidate Number of Votes / Name: Address: OFFICIAL BALLOT PORT OF THE ISLANDS CO~LSI-tfNITY E~IPROVE1VfENT DISTRICT LAND OWNERS MEETING NOVEMBER 3, 1998 The undersigned certifies that he is the owner of land in the Port of the Islands Community Improvement District (insert or attach legal description of property): and casts his vote(s) for the following: The two candidates receiving the highest number of votes shall be elected for a four year term and the third candidate shall be elected for a two year term. Name of Candidate " '"' '"A / Number of Votes Name: Address: OF~FICIAL BALLOT PORT OF THE ISLANDS CO3L-31XflNq~Y LMI:~ROVEMENT DISTR/CT LANDOWNERS MEETING NOV~3H]ER 3, 1998 The undersigned certifies that he is the owner of land in the Port of the Islands Community Improvement District (insert or attach legal description of propert~ and casts his vote(s) for the following: The two candidates receiving the highest number of votes shall be elected for a four year term and the third candidate shall be elected for a two year term. Address: N;,mber of Votes OFFICIAL BALLOT PORT OF THE ISLANDS CO~Y~TY I1YIPRO~ DISTRICT LANDOWNEP~ ~lqTING NOVF2VIBER 3, 1998 The undersigned certifies that he is the owner of land in the Port o£ the Islands Community Improvement District (insert or attach legal descrSption of' property): and casts his vote(s) for the follo~'ing: The two candidates receiving the highest number of votes shall be elected for a four year term and the third candidate shall be elected for a two year term. Name: Address: OFFICIAL BALLOT PORT OF THE ISLANDS COSE~I]J~qTir E~IPROVEMENT DISTRICT LANDOWNERS ~ETING NOVEMBER 3, 1998 The undersigned certifies that he is the owner of land in the Port of the Islands Community Improvement District (insert or attach legal description of property): and casts his vote(s) for the following: The two candidates receiving the highest number of votes shall be elected for a four year term and the third candidate shall be elected ['or a t~vo year term. Name of Candidate ;~E.-- -~//-~,..~-~.~,,,, ~/-'~:~ Name: ~/[ Address: N~_, tuber of Votes OFFICIAL BA~.LOT PORT OF THE ISLANDS CO~IUNITY I1VIPRO~ DISTRICT LANDOWNERS ~gTING NOVF2VIBER 3, 1998 The undersigned certifies that he is the owner of land in the Port of the Islands Community Improvement District (insert or attach legal description of property): and casts his vote(s) for the following: The two candidates receiving the highest number of votes shall be elected for a four year term and the third candidate shall be elected for a two year term. N~me of Candidate Name: Address: Number of Votes / / / 16Gl OFFICIAL BALLOT PORT OF THE ISLANDS CO~I'UNITY IMPRO~ DISTRICT LKN'DO~~ ~G I',,'OVEi~mER 3, 1998 The undersigned certifies that he is the owner of land in the Port of the Islands Community Improvement District (insert or attach legal description of property): and casts his vote(s) for the following: The two candidates receiving the highest number of votes shall be elected for a four year term and the third candidate shall be elected for a two year term. Name of Candidate Name: Address: Nu tuber of Votes / OFFICIAL BAt.LOT PORT OF THE ISLANDS CO}~ IM~RO~ DISTRICT LANDOWNERS M~m. TING NOVFaMBER 3, 1998 The undersigned certifies that he is the owner of land in the Port of the Islands Community Improvement District (insert or attach legal description of property): and casts his vote(s) for the following: The two candidates receiving the highest number of votes shall be elected for a four year term and the third candidate shall be elected for a two year term. N~me of Candidate Name: Address: N,,mber of Votes OFFICIAL BAr.LOT PORT OF THE ISLANDS CO~EVIUNITY IMPROVE1WENT DISTRICT LANDOWNERS 1WEETING NOV~-WIBER 3, 1998 The undersigned certifies that he is the owner of land in the Port of the Islands Community Improvement District (insert or attach legal description o£ property): and casts his vote(s) for the following: The two candidates receiving the highest number of votes shall be elected for a four year term and the third candidate shall be elected for a two year term. N_nme of Candidate Number of Votes Address: OFFICIAL BAI.LOT PORT OF TI-IE ISLANDS CO~E~KJNITY E~IPRO~ DISTRICT LANDOWNERS lV~.ETING NOVEMBER 3, 1998 The undersigned certifies that he is the owner of land in the Port of the Islands Community Improvement District (insert or attach legal description of property): and casts his vote(s) for the following: The two candidates receiving the highest number of votes shall be elected for a four year term and the third candidate shall be elected for a two year tenn. Name: Address: Number of Votes / 16Gl OFFICIAL BALLOT PORT OF THE ISLANDS COS~'~EtJNITY E~I/:~RO~ DISTRICT LANDOWNERS ~TING NOVES'~ER 3, 1998 The undersigned certifies that he is the owner of land in the Port of the Islands Community Improvement District (insert or attach legal description of property): and casts his vote(s) for the following: The two candidates receiving the highest number of votes shall be elected for a four year term and the third candidate shall be elected for a two year term. N, me of Candidate Number of VoWs Name: Address: OFFICIAL BALLOT PORT OF THE ISLANDS CO~,IUINqTY IMPRO~ DISTRICT LANDOWNERS ~~G NOVEMBER 3, 1998 The undersigned certifies that he is the owner of land in the Port of the Islands Community Improvement District (insert or attach legal description of property): and casts his vote(s) for the following: The two candidates receiving the highest number of votes shall be elected for a four year term and the third candidate shall be elected ['or a two year term. N~,rne of Candidate N~,mber of Votes ! Name: Address: OFFICIAL BAI'.LOT PORT OF THE ISLANDS CO}~IUNITY IiVIPROVEMENT DISTRICT LANDOWNERS 1V~,ETING NOVEMBER 3, 1998 i 6G1 The undersigned certifies that he is the owner of land in the Port of the Islands Community Improvement District (insert or attach legal description of property): and casts his vote(s) for the following: The two candidates receiving the highest number of votes shall be elected for a four year term and the third candidate shall be elected for a two year term. N-me of Candidate l;',':~'t~l,~.,'~ ~ ,~',~_ .~ · Number of Votes OFFICIAL BAt.LOT PORT OF TH~ ISLANDS CO~L~IL~'ITY L~IPROV~~ DISTRICT NO'9~MBER 3, 1998 The undersigned certifies that he is the owner of land in the Port of the Islands Community Improvement District (insert or attach legal description of property): and casts his vote(s) for the following: The two candidates receiving the highest number of votes shall be elected for a four year term and the third candidate shall be elected for a two year teem. Nnme of Candidate Name: Address: Nu tuber of Votes ,/ OFFICIAL B~T.LOT PORT OF THE ISLANDS CO.~EvILTNITY E$II~RO~ DISTRICT LANDOWNERS i$~TING 1N'OVI~,IBER 3, 1998 The undersigned certifies that he is the owner of land in the Port of the Islands Community Improvement District (insert or attach legal description of property): and casts his vote(s) for the following: The two candidates receiving the highest number of votes shall be elected for a four year term and the third candidate shall be elected for a two year term. Nnme of Candidate Name: Address: Number of Votes LARGE INVENTORY- FACTORY DISTRIBUTORS · ELECTRIC MOTORS d, WATER PUMPS * AIR COMPRESSORS * PORTABLE GENERATORS · PHASE CONVERTORS 1101 5th Ave., So. Naples, FL 34102 * V-BE LTS- PULL EYe. SPROCKETS · VENTILATING FANS-BLOWERS * TANKS-SWITCHES-FITTINGS · WARRANTIES · MOTOR REWINDING FACTORY REBUILDING FRACTIONAL To 500 H,P. EXCHANGE MOTORS HOSE & FI3-rlNGS Fax (941) 262-6969 'TEL, I 71,~ J~8~&8 /. ~0! 16~1 OFFICIAL BA~.LOT PORT OF THE ISLANDS CO~E~IXJlN~ E~,IPROV~,~ DISTRICT LANDO~~ ~ET~'G NOVF~[BER 8, 1998 The undersigned certifies that he is the owner of land in the Port of the Islands Community Improvement Distr~ct (insert or attach legal description of property): and casts his vote(s) for the following: The two candidates receiving the highest number of votes shall be elected for a four year term and the third candidate shall be elected for a two year term. N~me of Candidate Address: N,,mber of Votes i ' ' i Port of the Islands CO~,,,,~!,~Uj,,iiTy i~,,PROV[.LtEN'Ir DL~TRICT November 13, 1998 Memorandum To: Clerk of the Circuit Court c/o Timothy J. Gillett 2671 Airport Road, Court Plaza III P.O. Box 413016 Naples, Florida 34112-3016 Robert Fernandez Collier County Manager Governmental Center 3301 East Tamiami Trail Naples, Florida 33962 David Black Hoch, Frey & Zugman 4875 North Federal Hwy., 4th Floor Fort Lauderdale, Florida 33308-4610 Thomas L. Barnard 253 Sunrise Cay Unit 102 Naples, Florida 34114 Tim Stephens Port of the Islands C.I.D. 12600 Union Road Naples, Florida 34114 Minutes of Meetings held August 6, 1998 Reference: From: Gary L. Moyer Manager Enclosed for your records is a copy of the minutes of meeting held by the Board of Supervisors of Port of the Islands Community Improvement District as referenced above. GLM/jmr 9 Fj8 INANCE __. 10300 N.W. 11th Manor · Coral Springs. Florida 33071 · (954) 753-0380 · Fax: (954) 755-6701 lVllNtrrF~ OF MEETING PORT OF THE ISLANDS COlVI2WONITY IMPROVtIM~ DISTRICT The regular meeting of the Board of Supervisors of the Port of the Islands Community Improvement District was held Thursday, August 6, 1998 at 4:00 P.M. at RV Recreation Hall, 12425 Union Road, Naples, Florida. Present and constituting a quotn~m were: Tom Barnard Richard Gatti Bernard E. Wolsky Millie K. Strohm Chairman Vice-Chairman Supervisor Supervisor Also present were: John Petty Tim Stephens Ren Benson Bruce Anderson Marlene (Sams) Marchand Residents District Staff District Staff Engineer Attorney RV Park Owner FIRSt ORDER OF BUSINESS Roll Call Mr. Barnard called the meeting to order at 4:00 P.M. and stated that all Supervisors are present at roll call with the exception of Mr. Burgeson. SECOND ORDER OF BUSINESS Approval of the Minutes of the June 18, 1998 Meeting Mr. Barnard stated that each Board member had received a copy of the minutes of the June 18, 1998 meeting and requested any additions, corrections or deletions? Mr. Wolsky stated on page six there is a $10,000 mistake. It reads, "Mr. Petty stated if you put in $10.00 in this year and you put in $10,000 in next year, you would have $20,000." On MOTION by Mr. Wolsky seconded by Mr. Gatti withll all in favor the minutes of the June 18, 1998 meeting]l were approved as amended. August 6, 1998 THIRD ORDER OF BUSINE~S Consideration of Amendment to Resolutions 98-4 and 98-5 Scheduling the Public Hearing on the Budgets Mr. Barnard stated as you recall somehow between the advertised date and the date we approved on the Resolution, we did not have enough time. Therefore, we had to cancel the meeting for July 20th and it was rescheduled for today. In order to make it legal, we have to amend the Resolutions stating today is to be the public hearing. Mr. Anderson asked was a notice was posted on the door of this building that was advertised for those hearing that the meeting was rescheduled. Mr. Petty responded yes. n MOTION by Mr. G~ Strohrn with I in favor Resolutions 98-4 and 98-5 were amended ulin the Public Hearin to be Au st 6, 1998. FOUR'I~ ORDER OF BUSINESS Public Hearing for the Adoption of the Budgets for Fiscal Year 1998-99 and the Levy of Non Ad Valorem Assessments Mr. Barnard stated at this time we will open the Public Hearing for the adoption of the Budgets for Fiscal Year 1998-99 and the Levy of Non Ad Valorem Assessments. Mr. Petty stated the Board has been given a preliminary Budget which they have had in their possession for the last couple of meetings. We have talked about a few items. We are here to discuss this at a Public Hearing format with the residents to get their input and considerations and discuss any other considerations the Supervisors may have come up with in their time of review. Mr. Gatti stated I see a lot of new faces here. Would it be appropriate for Mr. Petty to give us a little bit of an overview so that people have an understanding of what we are doing and what the involvement is? Mr. Barnard responded sure. Mr. Petty stated the Budget that you have before you for consideration for this year is identical to prior year's Budgets, last year's ahd the year before. It is broken up into two categories. The first category is the General Fund. The General Fund Budget is what is paid for in your tax bill as assessments. The second category is the Water and Sewer Budget. That is what you pay for in your bills that you get every month. We consider the operations and maintenance items and expansions every year. August 6, 1998 I will start off with the General Fund. The General Fund is basically the same as it was last years with the consideration for a reserve fund applied to road repair where road repairs are set at $10,000 and instead of that money either being spent or negated at the end of year, it is now reserved. Any money that is not spent in the year will build up those funds so that at some point in time you will have enough money to replace the entire road system. We are anticipating that we would build up that reserve over a period of time until it became approximately $100,000 in value at which time we would drop the reserve. We would hold that money in the bank for repairs as necessary. The other item is mosquito control which we bumped up slightly this year. Those are the two items of regard that were considered in the General Fund for increases. The rest are the same as they were last year. The General Fund covers things such as road repair, drainage, culverts, landscape maintenance, irrigation of the major roads and a landscape improvement program that we started about three years ago. We will continue it this year and it is basically aimed at expanding landscape maintenance on the North entry road and continuing it northward. Unless there are any questions, I will move to the water and sewer fund. Mr. Gatti stated the only other thing that you might want to mention is that everybody has received notification of the change in how we are going to receive the fee. I suspect because of some of the questions that I have received that there is some confusion that it has something to do with the Budget. It should be clarified that it is simply a different method of collecting the standby fees which puts the C.I.D. in a better position to collect on properties that are now not pa~Sng the C.I.D. That does not have anything to do with the Budget. Mr. Petty stated the Budgets that we are considering at this time and this Public Hearing is not effected by that consideration of how you collect the monies. It is just the total amount of expenditures. The second part of our total Budget is the Water and Sewer Budget. That is in all aspects in general compliance with what we had last year. There are no increases anticipated in a large amount or even a mentionable amount. It is basically the same as it was in prior years. That covers such things as the operations and maintenance of the water and wastewater treatment facilities, operations of the mains and distribution systems and collection facilities, the force mains which carries the sewage back to our plant, the modifications and renewal of the existing plant facilities. That is what this Budget is for. You will pay for that by the monthly bills that you get from the 3 August 6, 1998 District. If there are no ether questions, that gives you a brief summary of the Budgets. Mr. Strohm stated at the June meeting, I brought up the subject about the residents that suggested that we collect $15 a year from everyone to put in thc reserves. I know we have all agreed on the $100,000 which was $10,000 a year/S10 a household. I was wondering if we could consider the $15 or some other amount. You had said that we would get a report from the Engineer on the road maintenance. Ten years from now will the $100,000 be enough. Mr. Benson stated I am the District's Engineer and with the engineering firm or Hole, Montes & Associates. We have been involved with the District for a number of years. We review your facilities through out the year ~-nd once a year prepare a report. The Budget each year for the last three years has been approximately the same, $10,000 a year for roads. In 1995/96, you spent less than $5,000. In 1996/97 you spent less than $1,000. So far this year you have spent about $1,000 of which you budgeted $10,000. Our evaluation each year has been that your roads are in good condition and is reasonable for a typical residential community and at a budget level of $10,000 a year you should have no problem maintaining your roads. The length of roads in your community are approximately 20,000 feet of roads. The typical cost for milling the surface of asphalt down, rebuilding a few areas and totally resurfacing the roads is generally less than $5 per foot. We estimate the cost to do this total type of work on your roads would be less than $I00,000. Roads of this type and the use that they are given generally have a life between a major rebuilt of this nature of 10 years or more. We opt that you do some maintenance every year and you avoid having to totally rebuild your roads. You have spent considerably less than that the last three years, each year. We believe that $10,000 is a good number. The roads continue to be maintained and are apparently in good and typical condition for a residential community. We have talked in the past with you about potentially setting up a reserve fund like you are ~lldng about this year and believe it is a good thing and recommend it. Ms. Strohm asked have you taken into consideration the traffic that we get from the heavy trucks from the builders? Does that have the same effect on the roads that you are talking about? Mr. Benson responded you have some areas where you have extra wear during construction activity which in certain areas will reduce the time between resurfacing. What we are saying is that your roads will have this major rework in a 10 year frequency is very reasonable. 4 August 6, 1998 Mr. Strohm asked will the $10,000 that we are going to now put into a reserve fund be sufficient? Mr. Benson responded we have estimated the cost would be between $70,000 and $100,000 with approximately a 10 year life between those activities. Ms. Marchand stated the reserve does not replace the $10,000 in the Budget. There will be $10,000 available every year in the Budget to do the ongoing maintenance. The reserve is separate. Mr. Petty stated the intention is that whatever money is not spent out of the $10,000 for routine repairs and maintenance of the roads which currently is about $1,000 a year, would be held back for a reserve which could not be spent for anything else unless the Board specifically said so. You would hold that and over a period ofyears you would build up as much as $100,000. Ms. Marchand stated it is not an additional assessment. Mr. Gatti stated it is part of your regular Budget. Ms. Marchand stated now ii' $1,000 of the $I0,000 is spent then $9,000 disappears. Now you are saying designate the $9,000 as a reserve. It is liable to take a lot longer than 10 years to get $100,000. Mr. Petty stated at our current rate it would take 11 1/2 to 12 years. Ms. Marchand stated not spending any of the money. Mr. Petty stated no, we are spending currently a rate of $1,000 a year. Instead of collecting $10,000 in the reserve, we are collecting $9,000 a year after expenditures. Ms. Marchand stated except the Engineer is suggesting that a $10,000 a year Budget for ongoing maintenance is a good dollar amount. In other words, it should get spent. Mr. Bcnson stated no, what we have said is that as an average over many years. The cost if you did a total replacement, once every 10 years, would be $10,000 a year. Your roads are in good shape. You have not been spending $10,000 a year because they have not needed $10,000 a year in work. Eventually, as your roads get older, some year you may need to spend more than $10,000. You have not been spending it every year and you have not needed too. A lot of these roads are less than five years old. If you have a reserve fund and you spend $1,000 this year and $1,000 next years, which is the way you have been going, and then the third year you may need to spend $20,000 because you have put it off. Right now, you would not have enough money even though you did not spend the money the previous year. What the Supervisor's are proposing is reserving that excess 16Gl August 6, 1998 you do not spend in year so in the next year if you want to spend twice as much to catch up you have the funds. Roads do not wear out at an even rate. Nfs. Marchand stated the $10 per household that Ms. Strohm is talking about is not what we are talking about. Ms. Strohm stated that is exactly what we are talking about. What I am saying is to increase that instead of putting $10,000 away each year we put $15,000 which would cost $15 per household. That was a suggestion from the residents and I happen to like that idea. We did not discuss this because we had to wait for the Engineer's Report at the June meeting. Mr. Barnard stated with the replacement cost of $70,000 which is thc low end of the spectrum to $100,000. A resident asked when you are saying 10 years, is it 10 years from this point or 10 years from the time is was originally placed? Do we have five years left on this before we have to repave or do we have 10 years? Mr. Benson responded it depends on the wear on your roads. A lot of your roads generally do not get much traffic. They type of repairs in the next five years may be minimal and not be this major $5 a foot or roadway. Some roads as an average may last longer than the 10 years and some may last less, but that is a typical average. Mr. Gatti, being a City Engineer with the City of Naples, I know some roads they resurface frequently and others they do not. Is that correct? Mr. Gatti responded yes. One of the concerns has to do with thc loading that we are getting with the construction so there is a reason for the concern. Mr. Benson stated but that is not on all the roads. Mr. Gatti stated that is correct. Mr. Barnard stated half of our road system is in a single family area that is designed for 90 homes and I believe there are 10 or 12. The traffic on those roads is virtually non-existent. Those are roads are in almost new condition even though they are three years old. Some oi' the other areas that are more developed get more use, but on average it is the opinion of the Engineer and I tend to agree that a reserve of what we have is sufficient and is appropriate and I think is a good idea. Mr. per house Mr. Mr. Mr. Gatti asked what is our General Fund tax now? What do we each pay now? Barnard responded $232 this year and it is going up to $234. Gatti stated every dollar that we increase that we get about $1,000. Barnard stated correct. 6 1 6Gl August 6, 1998 Ms. Strohm asked at the June meeting, Mr. Barnard mentioned that a few years back you spent $20,000 to repave an entrance area, is that a common thing or was that something special? Mr. Barnard responded that was a special item and that was a road that was probably 30 years old. It was a road that was originally built by Gulf- American and it never had any maintenance. Depending on the traffic roads can some times last a lot longer than 10 years and that one certainly was in need of repair, but it had lasted over 30 years. The first roads were done in the mid-60's. That was a special appropriation as I recall, much like the landscaping appropriation that we voted to add in this year. A resident stated on the idea of going from $10 to $15, essentially what you might be trying to do is built it up a little bit faster than it should be. Ms. Strohm stated just as a safe-guard. A resident stated which is not a bad idea at the beginning, but that could be for only five years then it goes back to $10 which would mean you would have a high build up at the beginning and then you would have it there and slowly build up. Mr. Wolsky asked for normal roads on the East side of the canal there does not seem to be that much of a problem, but when Mr. Hardy was building the road between here and Route 29 much of the traffic that he had with those trucks and storage of asphalt and everything else was along the flight line and that tore up the road a little bit, it seems to me. Mr. Barnard stated let me make one correction. Mr. Hardy was not involved in that. That was a governmental road. He provided them with a place to store some equipment. He was not involved in that. Mr. Gatti asked are you suggesting that we increase it by $157 Ms. Strohm responded not by $15, by $5 to $15 A resident stated I understand what she is saying. Ms. Strohm asked where does the first $10 come from. A resident stated what you are saying is increase the Budget from $10,000 to $15,000 Ms. Strohm stated right A resident stated you are talking about $1,000 for every dollar you put on so that is an extra $5,000. Ms. Strohm stated I am just assuming that we are already paying that $10,000 into our taxes. August 6, 1998 Ms. Marchand stated the maintenance fees are not going up to account for this. This is just a distribution of the money. Ms. Strohm stated just to put into reserve. I would like to increase the reserve--how ever they do that in the accounting department--from $10,000 a year to $15,000 a year. Suppose we spend $5,000 next year, then we are only putting in $10,000 into the reserve. Like Mr. Benson said, in two years from now you might spend $20,000 we are only going to have $18,000 in that reserve. Where is the other $2,000 going to come from? Ms. Marchand asked it would be like the annual fee going up from $232 to $242 or something instead of $234. Mr. Barnard responded by $5 Ms. Strohm stated that is my recommendation. Mr. Gatti stated let me suggest that we look at our Budget to see if we can generate $15,000 reserve out of our existing funding and then see if we can do that for a year before we consider going up on the fees. Mr. Barnard stated I support that. Mr. Gatti has suggested and I concur with is to look at the existing General Fund Budget to determine if there are ways in which we can get another $5,000 to be placed into the reserve fund. Mr. Petty stated let me make a suggestion to the Board and as the Board well knows there are some properties that go up for a tax sale each and every year and from these tax sales, the District typically gets some additional income in the form of penalties. If the Board would like to increase the reserve fund a consideration would be to adopt a policy that says, "Yes, we will increase the reserve fund based on receipt of extra income." We can do that during the regular meeting process as those funds come in with the intention of allocating those additional funds first for road reserve. Mr. Gatti asked would you anticipate that--I am not asking you to predict what the future is going to be, just judgment--we would get an additional $5,000 this year? Mr. Petty responded yes. We get quite a bit more than that. Mr. Barnard stated we could adopt a policy that directs the Staff to set aside the first $5,000 in overage over and above the tax Amounts. One of the things that makes this even more possible now, ass,~ming we go forward with the next phase of the next Public Hearing, is that one of the things that we have used that money for is to offset the short-fall in non-collected water and sewer standby fees. With August ~, lgg8 the new methodology of collection, assuming it is approved and put into force November 1st, would elevate that of having that requirement. Ms. Strohm stated I did not care where the $5,000 was coming from, but I just feel better if we have money in reserve. Mr. Gatti stated I concur with your concept. Being in government as much as I am every time you raise money from a tax standpoint, it seems to always go up and we always continue to have the problem instead of trying to work with what we have and see if we can resolve the problem that way. I would rather see us stick with the dollars that we have and make it work with what we have to work with. Mr. Barnard asked would you do that as a Staff directive or would you like it as a form of a motion? Mr. Petty responded that would happen as a normal Staff directive during the process of the year as the monies would come in you would tell Staff how you would want that money allocated. Mr. Wolsky asked would that be reflected in the Budget? Mr. Petty responded no, it would be as the excess revenues would come in around June or July we would have that money reported to the Board that we received it and the Board would then prioritize the expenditure or the use of those funds. Ms. Strohm stated you are going to have $15,000 in reserve. Is this an interest bearing reserve account? Mr. Petty responded certainly. For consideration after taking some comments from our Attorney, we had talked about the possibility of changing our collections and I was hoping to do that at that Public Hearing on the 20th. Our Attorney has cautioned me into saying he feels more comfortable--and I think he has made a strong point and the letter that Mr. Mossing, our accountant sent out, lead people to believe that as well--that we discuss that now. If we think it is a good idea that we not adopt the General Fund Budget, but we would continue it until a time and date certain which is the Public Hearing on the 20th. Mr. Barnard stated first of all, let us see if we have any more questions concerning the General Fund Budget. Mr. Petty asked we talked about the mosquito control budget, but I do not have any notes setting that ~mount? Ms. Strohm responded $12,000. 9 August 6, 1998 Mr. Petty stated that is what we had proposed to you. We went from $10,000 to $12,000. I have notes that said we talked about increasing it even more, but I do not have a number. If everyone is happy with $12,000, I will leave my note of increasing it from $10,000 to $12,000. Mr. Barnard asked what is the most we have ever spent $8,0007 Mr. Petty responded yes. Mr. Wolsky asked what about the equipment? Mr. Barnard responded there is an equipment replacement fund. Mosquito control dollars are not the only dollars that would be used to replace the spraying equipment. There is another reserve for repairs and maintenance. Should we close the Public Hearing? Mr. Petty responded continue the Public Hearing. Mr. Barnard asked should we continue the Public Hearing then discuss the methodology or discuss the methodology then continue the meeting? Mr. Anderson responded if you want to discuss, but you cannot make a final decision. Mr. Barnard stated we cannot adopt the methodology until the second Public Hearing. Mr. Petty stated if we discuss the methodology now which is what I think we should do and if you decide that the methodology that we proposed to you is a good idea then we would continue the General Fund adoption until the next Public Hearing date. If you find that you do not like the recommendation, then we can adopt the General Fund Budget and a continuance would not be necessary. Mr. Barnard stated Mr. Mossing has made a recommendation. As you remember at the last meeting many of you were here we discussed a different method of collecting standby fees and minimums. Currently, you have an approved property with a water meter you receive a bill every month that has four items on it, generally. It will have the monthly water, the monthly sewer, the water minimum and the sewer minimum. The minimums in terms of how they are arrived at are by taking the cost of operating the water and sewer system plant assuming no body lived here. What is the base cost if you do not produce any water and you do not produce any waste, it is just there and it has to be maintained and it has to be operated and has to be kept operating. Those costs are incorporated into something called standby fees. When you have a property that has not been improved. It does not have a water meter. We cannot charge you for water and sewer, so there are charges each month in round numbers $18 per August 6, 1998 month to have that water and sewer capacity available for you when you get ready to build. In some cases, single family lot owners do not know what it is and do not understand it and do not pay it. In some cases large developers holding thc property know what it is and either choose not to or they cannot pay it. By adopting the methodology recommended by the District Accountant, each of those fees both water and sewer standby fees and water and sewer minimums would be added to the tax bill. The same way the $234 is collected on your taxes thc year's water and sewer standby fees and minimums would be collected in advance. Everybody that pays their taxes would pay for the hole year. Your water bill would then go down by that $18 every month and your tax bill would go up by that $18 a month. What it allows us to do is collect fees that have been virtually uncollectable. You cannot shut off somebody's water that is not using water. By putting them on the tax bills, they are either paid when the taxes are paid or they are paid when the tax certificates are sold and in Florida if you do not pay your taxes, investor will pay it for you and after two years if you have not paid him back plus interest, he can file for a deed and there will be an auction and thc property will be sold to the highest bidder. The investor gets his money back first and then anything that is left goes to the property owner or to other people that arc in line. What brought this to a head particularly was thc fact that thc hotel is closed which is a major user of water and sewer. Therefore, we know that our product income is going to be reduced and while they had a meeting with our Staff and indicated they were going to pay, three months has gone by and they have not paid their standby fees. We have a concern that we may have an operating short-fall as a result. Of course, the only way other than this would be to simply raise the rates to the users because they are the only ones that we have a hammer over and obviously if we only have 150 or 200 users of a system that is designed for 1,000 people, you can see right away that the bills would be like mine is in Collier County, $150 a month instead of $40 or $50. It is recommended and everybody has a copy of this. A resident asked is it possible to put minimums fees where there is a meter present as in the case of the hotel? Is it possible to collect that as a tax? Mr. Barnard responded we are doing both. In order to be uniform and in order to follow the instructions of our Attorney, rather than having the same fee that has two different names collected in two different ways, we are going to collect it in the same way. No matter whether you have a water meter or whether you have an open field, it will be on your tax bill. August 6, 1998 Ms. Strohm stated there are no exceptions. Every owner, landowner, homeowner pays. Mr. Barnard stated that is correct. One way or another. Mr. Simmons stated I noticed that my fees increased on this on what I am paying now. Is that supposed to be increased or not? Mr. Barnard responded no. You have three types of minimums or standbys, water, sewer and irrigation. Irrigation is paid for by your association. You do not see that bill. You pay it through your association fees. Am I correct? Mr. Petty asked where does he live? Mr. Barnard responded Stella Men-is. Mr. Petty stated yes. Mr. Barnard stated Stella Merris H.O.A. You do not see those bills, but you pay it already. Mr. Simmons stated through the Association. Mr. Barnard stated it will not change. Mr. Simmons stated these figures here are higher than the minimum that I am paying now. Mr. Barnard asked which figure? Mr. Simmons responded on the proposal here. Mr. Barnard stated if you back out the irrigation portion which is paid by your association, you will find that it backs out to the number you are paying. Mr. Simmons stated I have never seen the association figure for irrigation, I do not know where I would get that out, Mr. Barnard stated that is part of your maintenance fees that you pay to your association. One of the bills that they pay for you is the irrigation meter and an irrigation standby fee. Mr. Simmons stated I understand that, but I do not know what they charge for it though. Ms. Strohm stated you would have to ask the association for that. Mr. Berger stated on page four of the Budget on the bottom it says there is a 1.5% collection charge. On the paperwork for the minimums it says it is 6%. Am I comparing this right? Mr. Petty responded those are legitimate points. There is a 4% discount allowed by law. The number you pay on your monthly minimum does not include any possible discount that Jome collector may apply by Statute, The rate is increased by that. With you getting the dizcount it comes out to the same amount. August 6, 1998 In other words, if you were paying $18.25 now when it goes on the property tax bill it would be $18.25 times 12. If you paid that offin November, you would pay $18.25 less 4%. We need the $18.25 so what the law allows us to is go $18.25 plus 4% under the understanding that you ~411 get that discount if you pay early. That is what that letter had stated to you is if it goes on the tax bill, we have to put on 4% to make the $18.25 still $18.25 and the 2% is what they charge us for doing the paperwork that is allowed by law. In reality that is the only increase in the fee is a 2% administrative fee that the Property Appraiser will charge us for putting it on the tax roll. Mr. Cook stated if this new procedure/process for bringing the standby fees in a timely manner is approved will those who have not paid say for two years, four years, in other words overdue amounts, will they have to come up with those? Mr. Bernard responded I do not know if we can go back in arrears. We will still have lien rights against the property. They are still in effect. We have never been sure whether we could refuse to serve a property based on past bill that were uncollected, but we have always taken the position that we would try. If for some reason they remained uncollected, but had been paid from this year forward, but there was still a large part of which was either a lien or an ongoing bill. Our position has always been that when anyone came from that property to request service, we would insist that they bring everything up to date and in some cases we would even collect interest on that. By law, I do not know if we could. Mr. Anderson stated there we cannot. Mr. Hebert asked why give them service if they owe you money? Ms. Strohm responded they do not owe you money, the previous owner probably does. Mr. Hebert stated I am talking about the sale of a lot. The guy has not paid his water or standby fees for "x" number of years, then when we go for this new system, why should he be automatically forgiven? Mr. Barnard responded he is not automatically forgiven. We just do not know that we have the legal right to deny service. Remember that you are paying for the water and sewer system in two ways. One is your standby fees which are part of the operating costs of the plant. The other is your assessments, principal and interest, on the Bond issue which when those taxes have been paid in the past, have been paid. In essence, about $3 million went to build the water and sewer plant. There is some equity there that you have to recognize, but we certainly count those as bills that are due and collectable. In some cases, we have August 6, 1998 filed liens against the properties and those liens are valid and in place. In others, we may have to file liens, but we reserve that right. Ms. Marchand stated this will be just from ongoing forward. Mr. Barnard stated if this is approved, on your October water bill you will not see the monthly minim;,ms. On your November tax bill, you will see the year in advance which will be October 1 to September 30 which is our Fiscal Year. Mr. Sheen stated first of all, I think this is a terrific idea and I hope the Board accepts it. Secondly, on the listing of the difference parcels, is roman numeral five - multi family southwest, Sunset Cay? Mr. Barnard responded yes. Mr. Sheen asked the North property ahead of the hotel, what parcel is that? Mr. Barnard responded it is actually incorporated into the North RV park. I sent a memo asking Mr. Mossing to re-do the sketches and gave him the number of ERC's for each of those parcels. That parcel was divided in 1994. What we did was take the 300 ERC's and the total amount of acreage that they covered. We parcelled off 55% of it to the RV Park and 45% went to the purchaser of that property. We simply did the same thing with ERC's and the assessment units. We could not figure out another even handed way to do other than by percentage of property that was being acquired. Mr. Sheen asked will ail the properties covered by the C.I.D. be involved in this new system? Mr. Barnard responded yes. Mr. Sheen asked what is the status on that front lot? Mr. Barnard responded it is still going. I do not have anything to report. Mr. Sheen asked is still owned by the same gentleman? Mr. Barnard responded no. He was the broker. There was a Thai Real Estate Broker to put together an investment group, but I do not believe he was an owner. A gentleman from Ohio owned it and title has been acquired by a company called North Port Development. The acquired the title subject to all of the liens, all the tax certificates. They acquired the title for around $18,000 and there is now $800,000 worth of debt against the property. To give you an idea of where it stands. Mr. Sheen asked have you any indication that we are ever going to get paid? Mr. Barnard responded yes. We have every indication of that, but I cannot talk to you officially about that. August 6, 1998 Mr. Gatti stated the only down side of what we are proposing is that we have a cash flow problem. Mr. Petty stated as long as the residents are in full support of it. This is a real impact on a tax bill. People will see that. If they understand it, it is not an issue. If they do not understand, it may be an issue as well. Mr. Barnard stated what he is saying is, "There is a cash shortage." Mr. Gatti stated we are not going to get money for six months if I understand this right. Mr. Petty stated there is a financial downside, yes sir. A resident asked why would you not get the money as people pay their taxes in November? Mr. Barnard responded we do. The worse case scenario is that nobody pays their taxes and everything goes to a tax sale. Mr. Gatti stated let me make sure I understand this. We do not have a cash flow problem provided that--there are certain people not paying their bills--those of us that are paying keep paying. Mr. Anderson stated we wanted to have you discuss this and get some Staff direction. This meeting has been formerly advertised and noticed for the August 20th meeting. You cannot make a final decision until then. Mr. Barnard stated what we need is a motion to continue the Public Hearing and direct Staff. Ms. Strohm asked when you were discussing the different parcels in parcel number six it lists Newport Cay. I am sure all of Newport Drive is considered in that. I have a feeling Mr. Mossing did not realize that Newport Drive and Newport Cay are two separate streets. There are only 37 homes in Morningstar Cay and in Newport Cay if you look at the ERC's it adds up to 37. I have to assume it is in the Newport Cay. Am I right? Mr. Barnard responded yes. ' Ms. Marchand stated we are saying that everybody that pays their taxes in November or beyond delinquent, you are going to get the money on a timely basis from the County as they collect it. The worse case scenario is the ones not paying them anyway you will now get instead of having them delinquent. Ms. Strohm stated exactly. Ms. Marchand stated with penalties. Mr. Barnard stated we will collect with interest. August 6, 1998 I On MOTION by Mr. Gatti seconded by Mr. Wolsky with l all in favor the Public Hearing for the Adoption of the ll Budgets for FisSal Year 1998-99 and the Levy of Non Adll Valorem Assessments was continued until August 20,11 1998. l] FIFTH ORDER OF BUSINESS S~ffReports Mr. Benson stated I will give you a quick update on the report that was submitted back in June. We talked about the roads already. The drainage system also appears to be in good shape and the Budget amount is appropriate for the upcoming year. The same goes for the fire and irrigation system. The water and sewer system, again, the Budget is appropriate with what is going on. In our report each year we look at operational issues and permit issues. The facilities operated within their permits last year. We received a new permit for the wastewater plant. You had a temporary permit previously. Your levels in which you have to treat your sewage are more stringent under the permanent permit than it was under the temporary. Although last year, you were just essentially at the limit and should be able to meet the limits in the future. That is not a concern. There was one issue with regard to the fire and irrigation system. There was one stretch of the fire and irrigation pipeline that was not built and was reserved a number of years ago from the original Bond about $55,000 that was assigned to that purpose and someday that pipeline may be constructed. It is the only piece o£ all the infrastructure that was initially anticipated that was not built. There is money set aside for that. Generally, the items that we had recommended for work to be done on in the previous year have been reviewed this year and they were accomplished satisfactorily. We made a series of recommendations. We have identified some minor areas in road and drainage that need some work, potholes and repairing cracks, work around some manholes and things of that nature. The grading of lime rock over roads that head out to the treatment plants has been done and should probably be continued on an annual basis. We talked already about the Budget issues. In part of your irrigation system we identified just a few items for work of no significant cost. In of themselves, they fit into your Budget. We identified some items at the water plant that needed a little bit of work, but fall within your Budget for the coming year· We have made some recommendations regarding the wastewater plant to continue some activities that your Staff has been doing now for a few years that are successful. Our conclusion of our report August 6, 1998 is that everything is in good condition. Your Budgets are appropriate for the condition of the system. Mr. Barnard stated somewhere back a few months ago we had a hint of ground water infiltration problem at the well site. Did we resolve it? Did it go away? There was going to be a re-test. We were not happy with the methodology. What happened? Mr. Benson responded there was some work that we identified, maintenance type work, around the wells. That has been accomplished by your Staff as well as some sub-contractors. We anticipate that will correct the problem. As we had discussed, it may not have been a problem, but more with the sampling. We are anticipating doing the sampling sometime in the early fall. That would be a good time for the type of sampling that it is. Before the meeting I was talking with Mr. Stephens about the laboratories and whom they might want to use to do that work and we will provide recommendations regarding that. At this point, there is probably not anything to be concerned about. A. Attorney Mr. Anderson stated in a follow-up to the Engineer's Report I do have a question for him regarding the Budget and the proposed Non Ad Valorem assessments. If you reviewed those, is it your opinion that they have been apportioned between the benefited properties and to the benefit received by each parcel that is being assessed? Mr. Benson responded we review that each year and we continue that the way that the number of assessed units and equivalent ERC's that are shown are appropriate to the use and the way that your Budgets have been set. C. Manager There not being any, the next item followed. SIXTH ORDER OF BUSINESS Supervisor's Request and Audience Comments Mr. Wolsky asked would it be possible to get an up-dated graphic? Mr. Barnard responded I have already requested that. Mr. Benson stated we have that on our computer at that office and we will provide District Staff with a copy. Mr. Barnard stated they just do not have an up-dated copy. I know I have a much better one than that. I sent Mr. Mossing a memo as soon as I saw that. His breakdown does not reflect the present state of the properties. August 6, 1998 Mr. Wolsky asked would it be an in ordin"te request to have it for the next meeting, so that we could look at these areas? Mr. Benson stated we will provide additional copies. Mr. McNeal asked on road maintenance, there are a couple of things that I see starting to slip a little bit. The Venice Drive street sign looks like it has been hit by a vehicle. It has been that way for quite some time. The Newport Drive and Newport Cay street signs are bent and twisted and falling over. There also appears to be people who come in and they cannot find the marina and are driving around until they see it. There are no directional signs. Ms. Strohm stated when they took the marina one down they never put it back up. Mr. McNeal stated people drive all the way down towards the residential areas until they have turn around and come all the way back. It is just a suggestion. bis. Strohm asked when we did the signs, did we do a new marina directional sign? Mr. Petty responded no. It is on the big board that says the marina is down the road, but there is not one at the marina pointing in. Mr. Barnard stated we certainly could do one. Ms. Strohm asked would it be costly to do one? Mr. Petty responded I do not believe so. Mr. Barnard stated just get a marina sign of the same type that we did with the others. There was one there and it fell down or was knocked down and was never replaced. Mr. Wolsky stated the Venice Cay sign seems to be broken off at the base and then it is just re-inserted into the hole that it was put in originally. Mr. Petty stated we can take care of that. Ms. Marchand stated the pipeline runs through my property going down towards the canal and it is at the back of the gun club. We have been maintaining the front part up to as close as we can to the pipeline to keep the foliage down. The stuff on the other side is growing back up. I know we have all kinds rules and regulations as to what we can do and not do and what should be growing there. My recollection was it was mowed on the other side, the treatment plant side once. Am I wrong? Mr. Barnard stated there is vegetation there that you cannot remove. It is a wetland. August 6, i998 Ms. Mr. Mr. Ms. Mr. Marchand stated you cannot do that. Stephens stated it has to be natural. Petty stated once we killed some cattails. Marchand stated that was not by mowing that was treated. Benson stated on the wetland side you have permit conditions which require to you to basically preserve certain species as part of your natural system that is treating that last little bit on your wastewater naturally. There are certain species that grow you are to remove them. That has been done before and is part of the contract that you have each year to maintain the good species and remove the bad species. You cannot just go in. It is supposed be that way naturally. Ms. Marchand asked is this year election year? Who is up and who is not? Mr. Petty responded yes, Mr. Barnard's chair, Mr. Gatti chair and Mr. Wolsky's chair are up for election. Ms. Marchand stated good luck to you. Mr. Simmons asked on the new billing here, could we do a quarterly billing and save everybody money on the water and sewer? You would only have to read the meter every three months. You would not have send out a statement every month. Mr. Petty responded from Staffs perspective there is a down side to that from an operational standpoint. I am sure Mr. Stephans would love to read the meters four times a year, but we might miss those water leaks that we now find. We would certainly miss meters that are malfunctioning and need to be replaced. There would be a loss of revenue there. It is more efficient to do it on a monthly basis even though it may cost a little bit in mailing. Mr. Simmons stated I will say we have a very reasonable rate, but every quarter would be nice. I just do not like writing a check every month. My second question is how do you find out about this meeting? I found out accidentally. I asked Mr. Wolsky last month about the meeting and he said it was postponed. How do you find out about that? Mr. Barnard responded it is published in the newspaper. Mr. Simmons asked what newspaper? Mr. Barnard responded the Naples Daily News. Ms. Wolsky stated up until recently you had to look for the notice. Now it is right in the front of the classified section of the Naples Daily News one week before. A quick perusal of that front page of the paper you will see notices and meeting and even tax deeds. August 6, 1998 Ms. Strohm stated we usually meet every third Thursday of the month. This one is an exception. Mr. Gatti stated this does not have to do with the C.I.D. meeting, if' we could just take five minutes after the regular meeting, we want to talk about an issue at the Port that comes under the H.O.A. which does and does not exist. After we adjourn this meeting, if we could hang loose just for five minutes, we would like get your opinion on a couple of things. ~ ORDER OF BUSINESS Approval of Invoices On MOTION by Mr. Gatti seconded by Mr. Wolsky with[I all in favor the invoices for July 8, 1998 in the amount $6,461.57 for the General Fund; and invoices for July 8,]1 1998 in the amount of $18,974.85 for the Water and SewerH Fund were approved. Ms. Strohm stated I want to go back to the Budget before the reserves. The excess money that you were going to put in Mr. Petty. Where were you getting that from? Mr. Barnard responded it is from the fees we collect from the tax certificate sales. When we get paid for the certificate, we get paid more than the amount of the tax and the excess goes into the operating funds and we are just earmarking $5,000 of that to be placed into the reserve fund. Mr. Sheen stated maybe they have been here for five years, but I notice there are blue reflectors stuck down in the road. Mr. Barnard stated fire hydrants. Mr. Sheen stated I could not figure out what they were for. Is there some kind of a status up-date on what, if anything, we are going to do or what responsibility we have for the channel markers? Mr. Barnard responded it does not come under the heading of anything that has to do with the C.I.D. ~ng/was ~:08 P.M. ////'/"7 / * /I T h/o~n a ~-I2 'l~'a~-~ r d~ Chairman AGENDA PORT OF THE ISLANDS COM/VIUKI'r~ IMPRO~NT DISTRICT Thursday August 6, 1998 4:00 P.M. RV Recreation Hall 12425 Union Road Naples, Florida Roll Call e Approval of the Minutes of the June 18, 1998 Meeting Consideration of Amenrtment to Resolutions 98-4 and 98-5 Scheduling the Public Hearings on the Budgets Public Hearing for the Adoption of the Budgets for Fiscal Year 1998-99 and the Levy of Non Ad Valorem Assessments 5. StatT Reports A. Attorney B. Engineer e C. Manager Supervisor's Requests and Audience Comments 7. Approval of Invoices 8. Adjournment NOTE TO AT,T, MEETING A~EES: · Please identify yourself ~ time you ~ to fscHitate transcription of meeting minutes. Thank you for your flaples Daily News Naples, F~ 339~0 Affidavit of Publication Naples Daily Ne~s PORT OF THE [SLAtlDS 10300 NU 11TH HAtlOR CORAL SPRItlGS FL 33071 REFEREtICE: 010948 57724422 NOTICE OF PUBLZC HEA State of Florida County of Collier BefOre the undarslgn~l autborSty, personally appeared B. Lamb/ who on oath layl that she larval as the Assistant Corporate Secretary of the Naples Oaily Ne.as, a daily newspaper published at Naples, in Collier County, FLorida: that the attached COpy of advertising uas published in said newspaper on dates Listed. Affiant further says that the said Naples Daily News is a newspaper published at ,aples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, FLorida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, FLorida, for a period of I year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any persmn, firm or coporatton any discount, rebate, commission or refund for the purpose of securi~ this advertisement for publication in the said newspaper. PUBLISHED 0~: 07/20 07/27 AD SPACE: 9.~.000 INCH FILEO ON: 07/27/98 Signatureof Affiant /' /~/"~- ' ..... S~orn to and Subscribed before me t, his ~-~ day of ~ 19.~ ~ 0120 MEETIHG No'rIcE OF PUBLIC HEAR IHC, PORT OF THE ISLANDS COMMUNITY iMPRO~h~ENT DISTRICT The Boord of of the PO~ of ~e Ois~ict will hold o public hearing ot 4:00 ThursdaY, AuguS~ 6, In the RV Reaction HclI, 12425 Union Road. Florida Jar ~e purpose o~ hear ng comments able.ions on the adoDt~O~ Of the budgetS) foe the er~ion and mainten~nc~ of gis~l~ facilities for Fiscal Year 1g~9. In addi- tion ~e B~rd will ~ublic comment and e~ions rel~ive to Florida Low for ~e pose of lund~ng ~er~ions ~ense$ of ~e O s~i~. The )i~ffl~ may o1~ fund various ~ocilitle$ through · e ~ollJ~tlon of r~e~, toffs and which ore identified in the budgets). A copy of the budgets) may be OD- rained ~ the offices of the Distrl~ 10300 N.W. ~1 Manor, Coral Springs, Florida 33071. The B~rd orderly come before it. The meeHnq l$ ~en to ~e public and will be con- me provisi~s of Florida J Law for Community ge-J vel~me~ Ois~i~s. There may be ~ca- J ~le by telephone. A~ ~e chore l~io~ there will phone ~ ~ any inter- ~e meeting ~ the o~ve lothian and be tully f~med of the discussions tcklng place eider in per- munic~ion. Any ~erson requiring ~cial ' occommod~Jons ~ this meeting because of m~airme~ Should Con- tad ~e Dis~ld O~ce (954) 753-0380 ~ least five colend~ d~s prJ~ to ~e meeting. Each ger~n who decid- es to ~eol any decision made ~y ~e ~rd wi~ resoe~ to any m~er c~slde~ed ~ ~e meeting Is ~vls~ th~ per~n wilt need a raced of ~e pro- ceedings and ~ accord- J~Qtv, the ~er~n mov b~im raced of the ~o- ceedin~s Is made, including ~e testimony and evidence u~on which such a~eal is to Gc~ L. Moy~ ~cnoger July 20~ 27 No. 12433S~ flaples DaiLy ~apLes, FL 339~0 Affidavit of PubLication NapLes DaiLy flews PORT OF THE %SLAtJDS 10300 N'J 11TH MANOR CORAL SPRINGS FL 33071 REFERENCE: 010948 5F719926 flOTICE OF PUBLIC HEA State of Florida County of CoLLier Before the undersigned authority, porsonally appeared B. Lamb, who on oath says that she serve~ as the Assistant Corporate Secretary of the HapLes Daily He~s, a daily newspaper published at ~lapLes, in Collier County, Florida: that the attached copy of advertising ~as p~bLished in said newspaper on dates Listed. Affiant further says that the said Naples Daily Collier County, FLorida, and that the said newspaper has heretofore been continuously published in said Collier County, FLorida~ each day and has been entered as second class emil matter at the post office in HapLes, in said Collier County~ FLorida, for a period of 1 year next preceding the first publication of the attached cop,/ of advertisement; and affiant further says that she has neither paid nor promised any person, firm or coporation any discount, rebate, co~isston or refund for the purpose of securing this advertisement for publication in the said newspaper, PUBLISHED Oft: 07/13 AD SPACE: 94.000 INCH ~%LEO Cfi: 07/13/98 Signature of Affiant,/' ~ to and Subscribed before me this /~//,. /'3 Personally known by =e' /~ M'/!'/'~ /~ ..... day of .%.,A 0117 REQUESTFOR ~0 1 ~OTl~ O~ PU~LI~ HE~RIr~G PORTOF THE ISLA~JDS COMfAUNITY I/~PROVEf~EHT DISTRICT The Bo~rcl at Suoervi. ~rs of ~e P~ of ~e lands Community Imorovement Ois~i~ will h~d o public hearing 4:00 P.~.~ Thurs~a,t, July t~, 1998 in ~ RV R~crea- lion Hall, 12425 Union R~d, Na~les, Florida for the Ou~Dose O~ Commen~ o~d obie~ions o~ ~e odoofion at the budq~t($) of ~e oger~ion and maintenance of Dis. ~ld ~acilitits for Fiscal Year 1~. In addition ~r~ will hear ~ubli¢ ~me~ a~d rel~v~ fo ~e levy ~ od valorem assess- me~ pursuo~ fo FlorJ~ E~ for ~e ~ur~se Of fu~l~ ~r~ions and moi~tnonce and prlncl. ~1 and Jnttrest of ~e Distil. The Dis~id m~ also ~nd various fa- cilities ~ro~ ~ collec- tl~ of c~doin r~es, tees o~d ~orges which ore identified wi~in ~e bud- ge~s). A C~y of me ~d- ge~s) may be obtained ~e o~ces of ~e 103~ N.W. 11 M~, C~. al ~rJn~s, Florida 33071, The 8~rd will also Con- sider any ~er business which may Dr~erly come bef~e ~. The meeting ~en to ~e p~llc o~ will be conduced In acc~d, ~ce wi~ ~e provisions Of Fl~ldo L~ f~ Com. mun~ Oevel~me~ Dis- There m~ be ~co- sl~s when one ~ more SupPlies will ~e by telephone. At ~e o~ve I~ton ~ere will be ~resem o soeoker tale. phone ~ ~ ony inter. e~ed pecan con ~end ~e meeting ~ ~e I~lon end be fully In- terned of ~e discussions toki~ ploce e~her in per. s~ or by tel~hone com- munlc~lon. Any aer~n requiring s~eclol occommod~fons ~ this meeting bec~se of o dl~bil~ ~ Dhysicol im~oirme~ sh~ld COn- to~ ~e Ois~i~ Office (95~) 753~380 ~ I~st five colend~ doys Dri~ to meeting. E~ per~n who dectd. es ~ oopeol ony decision mode bY ~e ~d wi~ respe~ to ony m~er c~sld~ ~ ~e meeting Is ~ls~ ~ per~n will fle~ ~ rec~d of ~e cee~lngs o~ ~ occ~d- I~glv, ~e person ~eed lo entre ~ ~ ver- min rec~d of ~e ora- ceedlngs Is made, including ~e testimony ~ evidence ~on whi~ such o~aeol Is to be G~ ~ ~et ~r No. 1231686 1111111111811 III!!1 Revenues p~)en'y Tc:x Revenue TotclRevenues ,AdmirlslTcllve T~x C,o lectc~ Legal Se~.4ces Accoun ~g Fees Tn.~ee Fees IVkT. r',cger'n en t Fe,~s Computer ?~,e ~ Tr~ ~ ~ P~ L~ ~ Om~ C~r~t ~r~ ~. ~s, etc. Total AdmlnlsEative Field F'ICA Tcx Sheer ~ ~c~ & ~n ~ C~ Tot~ Held Tot~ ~endltutes ~ce~ Revenues Fund Balance 10/I/97 Fund Balance 6/98 Port of the Islands Community Improvement District General Fund Statement of Revenues cnd Expenses For The Period Ending June ~. 1998 Genera Fund Budgel $23~.743 $235,993 Prcxafed Budgel Actual Thru 06/30/98 Thru 06/30/98 Variance $2.438 S5.~5.31 S2.~7..~ 1 $232.743 $243.5~9.67 $10.~.26.67 $235,181 $248.594.98 S13.414.48 J S3.~ $2.625 $0.0~ S2.625.C~ S6.OC~ S4.500 ~.~ S 1 .~.~ ~.~ ~.~ ~.1 ~.~ S2.~.67 S12~ sg~ ~.715.70 SS~B4.~ ~.~7 S2.7~ S2.7~.2~ (SO.~) ~ ~ S911.67 (S 111.6~ S7.~75 ~.~ S5.~.25 ~.~ S~ ~75 S2~.81 S121.19 ~5 ~25 ~25.~ ~.~ ~ ~75 ~1.78 S I~ S~ S~.~ S I.~ S1~ S1.125 S1,1~.~ S19.~ S~ S~ S249.72 (51~.7~ S~ S417 S413.~a S2.79 S 175 S175 S 175~ so.~ S~ ~75 S0.~ s375.~ ~2,672 ~,571 $38,270.~ S 12,301.02 J $235,994 $183,709 $146.371.88 $37.336.62 J $102.223.10 $216.170.67 $318.393.77 J 16Gl Pod of the Islands Community Improvement District W~er & ,Sewm' Fund ~c:emeni' Of ~evem~es ~ ExDerd,"~res For me Pen:cl Er~ Ju'e ~o 1996 W&S Fund Pron~e~l Butte! Actual Budget Thru 06/30/98 ThnJ 06/30/98 Revenues wc~ec l~n We:tee aeve4-,~ Metro' ~ Total ~evenues L~ T~ ~ Po~e L~ ~ Ot~ C~t O~e Total Admin~ra~e P~nt p~ F~A T~ C~tt~ Te~ L~ Total ~nd~ures Net I~o~ ~o~) Rela~ Earnings 10/I/97 Retaln~ Earnings 6/98 Vcflance $16.171.27 J $11.544.82 J $27,716.09 ] ]6Gl Port of the Islands Community ImprOvement District Debt ServiCe Fund Statement of Revenues & Expenditures For Period Ending June 30, 1998 Interest Income: Reserve Revenue Interest Redemption Special Assessments Prepayments jTotol Revenues Principal Interesf Other Debt Service Costs otol Expenditures JExce~ Revenues JFund Balance 10/97 IFund Balance 6/98 S21,569,18 S7,305.56 SO.CO S459.30 S 702.887.3,5 $28,159.50 $760,380.89 S285,C00.CO S519,525.CO S 11,008,64 ($55,152.75)J $ 1,023,277.51 J $968,124.76 j II I Port of the Islands Community Improvement District Capital Project Fund Statement of Revenue & Expenditures For The Period Ending June 30, 1998 Inferest Income Construction & Acquisition olal Revenues S2,G81.25 $2,08J.25 ti J[x~endifures Improvements Other than Budding [Total Expenditures ............................... So.co ~o.oo !1 JExcess Revenues $2,081.25 J [Fund Balance 10/97 $56,780.70 J JFund Balance 6/98 $58,861.95 j I I I I II II Z < Z o o 0 <~_ ~ Z O0 oo oo oO o o o 0 0 0 o g § o 0 o I P I I I ! I I I I t ! I ~ 0" 0 o o o o ~ o ~ $ t t ~j § 0 o o o° o 0 0 o 0 o o o oo Oo o 0 o 0 Port ot the Isl ncl$ COMMUhlITY IMPROVEMENT 661 November 12, 1998 Mr. Derek M. Johnssen Collier County Courthouse P.O. Box 413044 3301 East Tamiami Trail Naples, Florida 34101-3044 Re; Transmittal of Audit for 1997, Budget for 1998 and Description of Outstanding Bonds Dear Mr. Johnssen: Per your request enclosed please find the following: a. Audit for 1997 b. Budget for 1998 c. Description of Outstanding Bonds Should you have any questions regarding the enclosed, please do not hesitate to contact me. 5incer~y, Darrin S. Mossing ",,,,~] District Accountant DSM/ra enclosures cc: Darrin Mossing John Petty 10300 N.W. 11th Manor · Coral Springs, Florida 33071 · (954) 753-0380 · Fax: (954) 755-6701 PC)RI OF tile ISLANDS COI~4UNIIY DEVELOPMENT DISTRIC! (C~LIER ~TY, FL~IDA) SPECIAL ASSES~E~ 8~0S, SERIES I~0 Debt Service Sch~te Date Principal C~dlx~ Interest Period Total 11/ 1/98 247,500.00 247,500.00 5/ 1/99 275,000.00 9.000000 247,500.00 522,500.00 11/ 1/99 235,125.00 235,125.00 5/ 1/ 0 295,000.00 9.000000 235,125.00 530,125.00 11/ 1/ 0 221,850.00 221,850.00 5/ 1/ 1 325,000.00 9.000000 221,850.00 546,850.00 11/ 1/ 1 207,225.00 207,225.00 5/ 1/ 2 355,000.00 9.000000 207,225.00 562,225.00 11/ 1/ 2 191,250.00 191,250.00 5/ 1/ 3 385,000.00 9.000000 191,250.00 576,250.00 11/ 1/ 3 173,925.00 173,925.00 5/ 1/ 4 420,000.00 9.000000 173,925.00 593,925.00 11/ 1/ 4 155,025.00 155,025.00 5/ 1/ 5 455,000.00 9.000000 155,025.00 610,025.00 11/ 1/ 5 134,550.00 134,550.00 5/ 1/ 6 500,000.00 9.000000 134,550.00 634,550.00 11/ 1/ 6 112,050.00 112,050.00 5/ 1/ 7 545,000.00 9.000000 112,050.00 657,050.00 11/ 1/ 7 87,525.oo 87,525.00 5/ 1/ 8 595,000.00 9.000000 87,525.00 682,525.00 11/ 1/ 8 60,750.00 60,750.00 5/ 1/ 9 645,000.00 9.000000 60,750.00 705,750.00 11/ 1/ 9 31,725.00 31,725.00 5/ 1/10 705,000.00 9.000000 31,725.00 736,725.00 5,5oo,ooo.oo 3,717,000.00 9,217,000.00 ACCRUED 5,500,000.00 3,717,000.00 9,217,000.00 Oated 5/ 1/98 ~ith DeLivery of 5/ 1/98 Bond Years ~1,3oo.ooo Average Coupon 9.000000 Average Life 7.509091 M I C · 9.000000 2 Using 100.0000000 T i C 2 9.000000 2 Free Delivery Date Arbitrage Yietd 9.000000 2 .: prepared by Prager, HcCarthy & SeaLy Date: 0~-21-1998 g 10:53:00 FJlename: PO~T Key: 5/1/98 Fiscal Total 770,000.00 745,250.00 768,700.00 769,450.00 767,500.00 767,850.00 765,050.00 769,100.00 769,100.00 770,050.00 766,500.00 Zd~,450.O0 Port of the Islands Co~nmunity Improvement District Adopted Budget Fiscal Year 1997/98 May 15, 1997 TABLE OF CONTENTS General Fund Budget Debt Service Fund Budget Water & Sewer Fund Budget Page 1-9 Page 10 Page 11-19 - 1 PORT OF THE ISLANDS COMMUNFFY IM?ROVEMENT DISTRICT GENERAL FUND Adopted Budget Fiscal Year 1997/98 I DESCRIPTION ADOPTED - PROJECTED TOTAL ADOPTED BUDGET ACTUAL NEXT PROJECTED @ BUDGET F/Y I998/97 THRU 4/30/97 5 MONTHS 9/30/97 F/Y 1997/9S REVENUES: INTERE~ INCOME MAIN-f. ASSESSMEN'I'S TOTAL REVENUES S2,517.25 $1,000.03 $3,517.25 $3,000 S79,229.57 $156,998.43 S236,228.03 5~32,743 $~9,228.00 $81,746.82 $157,998.43 S239,745.25 EXPENDITURES; SUPERVISORS FEES ATTORNEY ENGINEERING ACCOUNTING ANNUAL AUDIT RECORDING SECRETARY MANAGER COMPUTER TIME TRUSTEE ARBITRAGE REBATE TAX COLLECTOR TRAVEL & PER DIEM TELEPHONE POSTAGE RENTALS & LEASES INSURANCE PRINTING & BINDING LEGAL ADVERTISING OTHER CURRENT CHARGES OFFICE SUPPLIES DUES, LICENS ES,SUBSC R. ASSESSMENT ROLL CAPITAL OUTLAY $6,000.00 $12,000.00 $6,000.00 $3,647.00 $4,700.00 $2,315.00 $7,875.00 S750.00 $5,300.00 $100.oo $1,500.00 $1,200.00 $3,845.00 $50.0O $250.00 $175.00 5~5,743I [TOTAL ADMINISTRATIVE $62,632.00 $2,030.00 $3,000.00 $5,000.00 $6,000 $2,176.53 52,176.53 $4,353.06 $8,0(30 $5,301.76 $7,422.46 $12,724.22 $12,000 $2,127.44 $1,519.56 $3,647.00 $3,647 $4,7O0.00 $0.00 $4,700.00 $4,700 $1,350.44 $964 .56 $2,315.00 $2,315 $4,593.75 $3,281.25 $7,875.00 $7,875 SO.iX) $400.00 $400.CO $500 $/"33.79 SO.00 $733.79 58CO SO.00 $625.00 $625.00 $625 $3,168.12 $0.O3 $3,168.12 53,503 SO.00 50.03 $0.00 $503 $1.00 $75.00 $76.03 $103 $546.42 $546.42 $1,092.84 $1,500 $7O0.00 $500.03 $1,200.CO Sl,203 $3,688.50 $0.03 $3,688.50 $3,685 $212.83 $297.96 5510.79 $503 $291.56 $208.26 $499.82 $500 S14.40 $25.CO $39.40 $50 $46.78 $65.49 $112.27 $250 $175.00 S0.03 $175.00 $175 S3,500.00 SO.CO $3,500.00 $3,500 $0.03 50.03 50.00 55CO Field Operations: SALARIES/WAGES FICA TAXES $40,000.03 S3,060.00 $35,328.32 S21,107.50 556,435.82 $62,422 S22,601.61 $16,144.01 S38,745.62 540,030 S 1,733.48 51,Z38.20 52,971.68 S3,060 Pa~:e i PORT OFTHE ISLANDS COMMUNITY IMPROVEMEN'r DISTRICT GENERAL FUND Adopted Budset Fiscal Year 1997/98 ADOFIED PROJEC--I ED TOTAL ADOPTED IDESCRI~IiON BUDGET F/Y 1996/97 ACTUAL NEXT PROJECTED @ BUDGET THRU 4/30/97 5 MONTHS 9/30/97 F/Y 1997/98 ~eld Operations Cont'd: HEALTH INSURANCE $2,500 Sl,715.99 S781.01 S2,500.00 $2,500 PENSION $2,400 $~'X}4.77 $1,200.00 $1,904.77 $2,400 W.C. INSURANCE $3,056 $2,273.00 $0.00 $2,273.00 $2,276 LA~AP E N~NANCE $72,003 $26,030.68 554,882.48 $80,913.16 $72,000 STREET LIGHThNG $17,928 $7,058.69 $7,058.69 $14,117.38 515,023 IRRIGATION WATER $4,928 $1,892.58 $1,892.58 $3,785.16 $4,363 RENTALS & LEAS~:-q $1,524 $888.79 $634.85 $1,523.64 .~3 MAINTENANCE-ROADS $10,000 5534.60 $5,000.00 55,534.60 $10,000 MAIN'TENANCE- DRAINAGE $5,000 $947.00 $2,500.00 $3,447.00 $5,003 MOSQUITO CONTROL S7,500 $1,77.5.00 S5,775.00 S7,500.00 $10,000 REPAIRS & NiAINTENANCE $5,000 $~86.36 $2,500.00 $3,386.36 55,000 OPERATING SUPPLIES $1,700 $120.70 5500.00 $620.70 $1,700 [TOTAL FIELD S176,596.00 $69,116.25 $100,106.82 S169,223.07 S173,321.. J TOTAL EXPEN~)ITURES 5239,__~2~.00 $104,444.57 5121,214.31 $225,658.88 $235,743 iNET INCOME (LOSS) $O.00 (S22,697.75) $36,784.12 $14,086.37 $0 J FISCAL FISCAL FISCAL FISCAL YEAR 1994/95 YEAR 1995/96 YEAR 1996/97 YEAR 1997/98 J DESCRIPTION ADD: DISCOUNTS & COLL. @ 4% $161,708 $198,383 S236,228 5232,743 $10,322 S12,663 $9,843 59,698 JGROS,S ASSESSMENT S172,030 S211,046 $246,071 S242,44{] ASSESSABLE UNTFS 1058 1058 1058 1058 $162.60 S199.48 $232.55 S229.15 SSESSbIEN'I'S PER UNIT Pase2 PORT OF THE ISLANDS Community Improvement District General Fund Budget Fiscal Year 1997-98 REVENUES: Maintenance Assessment The District will levy a non-ad valorum assessment on all taxable property within the Port of the Islands Community Improvement District in order to pay operating and maintenance expenses incurred during the fiscal year. $232,743 Interest Income $3,000 During the Fiscal Year the District should have an average balance of $60,000 invested at @ 5%. [ -. TOTAL REVENUES235,743 I EXPENDITURES: Administrative; Supervisor's Fees $6,000 The Florida Statutes, allows each supervisor to be paid $200 per meeting, for the time devoted to District business and board meetings. The amount for the Fiscal Year is based on $ supervisors and 12 monthly meetings. The fees will be split with the Water & Sewer Fund. Attorney The District's attorney will be providing general legal services to the District, i.e., attendance and preparation for monthly meetings, reviewing contracts, agreements, resolutions,etc. The amount is based on prior years COSt. Engineering $12,000 The District's engineer will be providing general engineering services to the District, i.e., attendance and preparation for monthly meetings, reviewing invoices, and various projects assigned as directed by the Board of Supervisors. $8,000 page PORT OF THE ISLANDS Community Improvement District General Fund Budget Manaeement Fees The District has contracted with Gary L. Moyer, P.A. to provide Management, Accounting and Recording Secretary Services for the District. The services include, but not limited to, recording and transcription of board meetings, administrative services, budget preparation, all financial reporting, annual audits, etc..The fees are as follows: Management Accounting Recording Secretary $7,875/per year $3,647/per year $2,315/per year Annual Audit The District is required to annually have its financial records audited by an independent Certified Public Accounting Firm. The fee the fiscal year is based on prior years cost. Computer Time Th~ District processes all of its financial activities, i.e. accounts payable, financial statements, payroll, etc. on a main frame computer owned by Gary L. Moyer, P.A. Computer time is billed at $70 per/hour not to exceed $1,000 for the fiscal year in accordance with the management contract for the same. The computer time charge will be split with the Water & Sewer Fund. Trustee The District issued Series 1990, Special Assessment Bonds that are deposited with a Trustee at First Union National Bank. The annual trustee fee is based on prior years cost and will be split with the Water & Sewer Fund. Arb[traee Rebate The District has contracted with Deloitte & Touche, independent certified public accountants, to annually calculate the District's Arbitrage Rebate Liability on the Series 1990, Special Assessment Bonds. The amount is based on the current contract and will be split with the Water & Sewer Fund. Tax Collector The Collier County Tax Collector charges 1.5% for the collection of the District's operating and maintenance assessment. $13,837 $4,700 $500 $800 S625 $.3,500 Page 4 PORT OF THE ISLANDS (~ommunity Improvement District General Fund Budget Travel & Per Diem Represents cost incurred by District superviors or employees for travel related expenditures. Telephone Telephone and fax machine, amount based on prior years cost and will be split with the Water & Sewer Fund. Postage Mailing of Board Meeting Agenda's, checks for vendors, overnight deliveries and any other required correspondence. Amount is based on prior years cost and will be split with the Water & Sewer Fund. Rentals & Leases The District's administrative offices are located at Coral Springs Improvement District which bills the District $200 per month. This amount will be split with the Water & Sewer Fund. Insurance The District currently has its Insurance Policy with the Florida League of Cities, Inc. The Florida League of Cities, Inc. specializes in providing insurance coverage for Governmental Agencies. The following amounts are based on prior years cost: [Description General Fund Water & Sewer Total General Liability $2,552 $2,552 $5,104 Automobile Liability $851 $851 $1,702 Property $0 $4,409 $4,409 Boiler & Machinery $0 $2,147 $2,147 Treasurers Bond $282 $282 $564 ITo ta ! $3,685 $! 0,241 $14,086] Printing and Binding Printing and binding agenda packages for board meetings, printing computerized checks, correspondence, stationary, envelopes etc. of Page5 $500 $100 S1,500 51,200 $3,685 $500 PORT OF THE ISLANDS Community Improvement District General Fund Budget Legal Advertisint ~' ~ : Advertising of monthly board meetings, public hearings, and any other legal advertising that may be required. Other Current Char~_es Bank charges and any other miscellaneous charges that the District may incur. Office Supplies Any supplies that may need to be purchased duri.ng the Fiscal Year, i.e., paper, minute books, file folders, labels, paper clips, etc. Dues. License. Subscriptions The District is required to pay an annual fee to the Department of Community Affairs for 5175. This is the only anticipated expenditure for this category. Assessment Roll The District will be billed annually for administrating of the Series 1990, Special Assessment Bonds and calculating and levying the annual operating & maintenance and debt service assessment. The District may purchase a file cabinet or any other small capital item. TOTAL ADMINISTRATIVE $500 S50 5250 $175 $3,500 S500 562,422 I Page6 Maintenan¢¢~ PORT OF THE ISLANDS Community Improvement DistriCt General Fund Budget Salaries/Waees The District currently has two full time employees who are licensed Water & Sewer Plant Operators. These employees are responsible for all road and drainage operations, mosquito control and operating and maintaining the District's Water & Sewer Plant. The amount for salaries also includes a part time/overtime pool which is anticipated based on future activity. The following are the projected payroll expense for the fiscal year which will be split with the Water & Sewer Fund: Salaries $70,000 Part time/Overtime $10,000 FICA Taxes @ 7.65% ' $6,120 Total 586.120 Health Insurance Health insurance benefits will be pooled with other special purpose taxing districts in the state to receive better rates based on a larger group. The amount is based on prior years cost. Pensiorl $43,060 $2,500 $2,400 The District will contribribute 6% of its empIoyees gross wages to a retirement account which will be established by the District. Workers Compensation $2,276 The District has its workers compensation with the Florida League of Cities, Inc. The premium is based on the prior years salaries and will be split with the Water & Sewer Fund; Landscape Maintenance The District currently has a contract with Big Cypress Landscape Company to maintain the District's Right of Ways and Medians. The amount for the fiscal year is based on the following: Annual Amount(S4,069 per month) Additional Landscaping Total Page 7 $48,824 $23.176 S72.000 $72,0O0 PORT OF THE ISLANDS Community Improvement District General Fund Budget The District currently has 4 electric accounts with Lee County Cooperative for Street Lights located on District Roads. Based on prior years average monthly electric bills the amount for the fiscal year i~ as follows: Monthly Annual Account Name Account # Amount?;i~ '~ Amount Newport Drive 9210290573 $250 $3,357 Eveningstar Cay 9301070500 $380 $4,555 Tamiami Trail 9201140198 $447 $5,369 Port of the Isles 9607220098 $ 31 $ 376 Contingency(%10) $!14 $1,366 ITotal Amount $1,252 $15,023 The District is currently being billed for irrigation water for the common areas t_he District is required to maintain. The amount is based on prior years cost. Maintenance - Roacl~ The District currently maintains on the south side of the District, the main road parallel to the airstrip from the entrance off US 41 to Newport Cay and Newport and Morningstar Cays. On the north side, the main road from the entrance off US 41, around the east end of the hotel to the water plant, and the road from the water plant to the north boundary of the property. The amount to maintain these roads should not exceed S10,000 during the fiscal year. Page8 $15,023 $4,363 $10,000 PORT OF THE ISLANDS Community Improvement District General Fund Budget Maintenance - Drainaee .amy maintenance on the District's drainage system that may be required. Mosquito Control The District has recently purchased a mosquito sprayer and will be utilizing District personnel to spray for mosquitos during the fiscal year. The estimated amount for chemicals and other needed SUlSplies should not exceed $10,000. Repairs & Maintenance Any miscellaneous repairs and maintenance on the District's trucks, street lights, and any other items that are not covered under the roads and drainage maintenance. Operatin~ Supplies $1,700 Any operating supplies that will be required during the fiscal year, i.e. fuel for trucks, uniforms, miscellaneous tools, irrigation and landscape supplies, etc. TOTAL MAINTENANCE S5,000 $10,000 $5,000 $~73,321I Page9 PORT OF THE ISLANDS COMMUNITY IMPROVEMENT DISTRICT Adopted Debt ~rvice Fund Budget Fiscal Year 1997-98 -Reserve $35,000 $20,58,4 -Revenue $1,000 $6,177 :~'i -Redemption $0 5285 PREPAYMENTS $0 $13,059 SPECIAL ASSESSMENTS $727,700 $223,582 SURPLUS CARRY FORWARD $272,025 $320,905 Actual Projected Total Projected F/Y 1996/97 :[hI:IL4Z3.O.Z~ Next 5 Month's @ 9/30/97 F/Y 1997/98 $15,000 $35,584 $35,000 $1,000 $7,177 $1,000 $0 $71 $0 $0 5285 $0 $0 $13,059 $0 $504,118 5727,700 $671,644 $0 $320,905 $312,531 [TOTAL KEVEN S1,035,725 $584,664 $520,118 $1,104,781 S1,020,175 ] PREPAYMENTS SO $10,000 $10,000 $20,000 $0 h'qTERF~'-I 1 / I $272,025 $271,125 $0 $271,125 $260,325 PRINCIPAL - 5/1 $230,000 $0 $230,000 5230,000 $250,000 INTER~T - 5/I $272,025 $0 $271,125 $271,125 $260,325 ITOTAL EXPENS~ $774,050 $281,125 $511,125 $792,250 $770,650 [NET INCOME $261,675 $303,539 $8,993 $312,531 $249,525 I(1) · - i: :(1)Net Income will pay the 11/1 Debt Service Payment in the next Fiscal Year prior to receiving assessments. 11/1/95 11/1/96 11/1/97 1l/1/98 Interest Payment $285,075 $272,025 $261,675 $249,525 [Toml $285,075 $272,025 $261,675 $249,525] F/Y 1994/95 F/Y 1995/96 F/Y 1996/97 5727,700 INet Special Assessments $721,675 $726,465 Discounts & Collections @ 6% F/Y 1997/98 $671,644 [Gross Special Assessments $46,064 $46,370 546,449 $42,871 $767,739 $772,835 $774,148 $714,514 Page P~Rt OF r#E ISLA#O$ ~#IrY DEVELOPHENt (COLLIER CCU#;~, FLCRIDA) SPEC[AL ASSESS.~ENT BCgOS, SERIES Debt Service ScheduLe Dace Principal Cocl~q Interest 11/ 1/97 260,325.00 5/ 1/98 250,000.00 9.000000 260,325.00 11/ 1/98 2&9,075.00 5/ 1/9~ 275,000.00 9.000000 249,075.00 11/ 1/99 2~6,700.00 Period Total Fiscal Total 260,325.00 510,325.00 770,650.00 249,075.00 52~,075.00 77'5,150.00 236,700.00 536,700.00 773,400.00 223,200.00 54.8,200.00 771,400.00 20~,575.00 563,575.00 772,150.00 192,600.00 582,600.00 775,200.00 175,050.00 600,050.00 775,100.00 155,925.00 615,925.00 7"7'1,850.00 135,225.00 635,225.00 770,~50.00 112,725.00 662,725.00 77'5,~50.00 87,97~o00 6~2,975,00 770,950.00 61,200.00 711,200.00 772,~00.00 31,950.00 773,900.00 $/ I/ 0 300,000.00 9.000000 Z36,700.00 11/ 1/ 0 225,200.00 5/ I/ I 325,000.00 9.000000 223,200.00 11/ 1/ 1 208,5?5.00 5/ 1/ 2 355,000.00 9.000~00 2~,575.00 11/ 1/ 2 I92,~30.00 5/ I/ 3 390,000.00 9.000000 192,600.00 11/ 1/ 3 175,050.00 5/ 1/ & ~25,000.00 9.000C00 175,050.00 11/ 1/ & 155,925.00 5/ 1/ 5 460,000.00 9.000000 '155,925.00 11/ 1/ 5 135,225.00 5/ I/ 6 500,000.00 9.000000 135,225.00 11/ 1/ 6 112,725.00 5/ 1/ 7 $50,000.00 9.000000 112,725.00 11/ I/ 7 87,975.00 5/ 1/ 8 595,000.00 9.000000 87,975.00 11/ 1/ 8 61,200.00 5/ 1/ 9 650,000.00 9.000000 61,200.00 11/ 1/ 9 31,950.00 5/ 1/10 710,000.00 5,785,000.00 ACCRUED 5,785,000.00 9.000000 31,950.00 741,950.00 ~,261,050.00 I0,046,050.00 &,261,050.00 10,0~6,050.00 Dated 5/ 1/97 with DeLivery of 5/ 1/97 8oncl Years 47,~.5.000 : Average Couoon Average L~fe 8.18A097 u I C % 9.000000 % Using 100.0000000 r I C ~ 9.000000 % Frc~Oetfvery Date Arbitrage YieLd 9.000000 % prepared by Prager, ~cCarthy & SeaLy Date: 05-25-1~7 a 17:06:11 Fitename: PCRT Key: 5/1/97 PORT OF THE ISLANDS COMMUNrI'Y IMPROVEMENT DISTRICr WATER & SEWER FUND Adopted Budget Fiscal Year I997/98 I DESCRIFTION ADOPTED BUDGET FlY 1996/97 ACTUAL THRU 4/~0/97 PROJECI ED TOTAL ADOt-' i ~D NEXT PROJECTED @ BUDGET MONTHS 9/30/1997 F/Y 1997/98 STANDBY FEES WATER REVEN'UE SEWER REVE~NTJE [RRIGATION REVENUE METER FEE CONNECTION FEE IN'I'E RE.ST ~COME OTHER INCOME TOTAL REVENUES S144,00O $55,000 S75,000 Sl 1,000 S10,000 $0 S!,000 S29,345 $62,822.36 $87,951.30 $150,773.66 $150,000 S28,770A1 $40,27837 .$69,048.98' $70,000 $37,262.17 S-gB,431.57 5&5,693.74 $86,000 $4,366.68 $6,113.35 510,480.03 $11,000 S12,650.00 59,035.71 S21,685.71 S25,000 $3,306.00 50.00 53,306.00 50 S272.99 $272.99 $545.98 $500 S149,450.61 S192,083.50 $341,534.11 EXPENDITUR ES: SUPERVISORS FEES A'I'rORNEY $6,000.0O $15,000.00 S2,000.0O $3,000.00 $5,000.00 $6,000 S2,176.S4 S2,176.54 $4,353.08 $8,1300 $5,264.11 $7,369.75 S12,633.86 $8,000 $2,127.37 $1,519.63 $5,647.00 $5,647 $4,70O.00 50.00 $4,700,00 $4,700 $I,350.37 S964.63 52,315.00 52.315 $4,593.75 $,3,28 ! .25 $7,875.00 S7,875 $733.79 $0.0O 5733.79 5800 52,041.69 51,458.31 53,500.00 53,500 $1.0O 575.00 576.00 Sl O0 $504.37 $900.00 $1,404.37 5i,500 S700.00 $500.00 51,200.00 S 1 ;200 S9,459.50 50.00 S9,459.50 SI0,24! 5191.58 S1,000.00 51,19158 51,300 $468.12 5208.26 5676.38 Sl,O00 SI07A0 $100.00 5207.40 5150 $109..53 5100.0O S209.53 SIO0 ENGINEERING ACCOUNTING ANNUAL AUDIT RECORDING SECRETARY MANAGER COMPLFFER TLME TRUSTEE ARBITRAGE REBATE UTILITY BILLING TR~VEL & PER DIEM TELEPHONE POSTAGE RENrrALS & LEASES [NSURANCE PRINTING & BINDING LEGAL ADVERTISING OTHER CURRENT CHARGES OFFICE SUPPLIES CAPITAL OUT'LAY [TOTAL A D.N~N'ISTRATI VE $6,000.00 $3,647.OO $4,700.00 52,315.00 57,875.00 5750.00 $800.00 $625.00 $100.00 51,SO0.O0 51,200.00 59,385.OO 512OO.OO 51,000.00 S150.0O S100.00 $66,947.OO 536,529.12 523,678.37 S60,207.49 $62,553 SALARIES/WAGES FICA TAXES IdEA LTl-{ INSURANCE PENSION W.C.. INSURANCE $22,601.61 Sl,720.74 (5564.23) $704.77 Pa~ Il: S16,144.01 538,745.62 $40,000 51,229.10 S2,94~.84 S~3,060 S3,064.23 $2,500.00 S2,500 51,200.00 S1,904.77 52,400 $0.00 $3,056.00 S2,276 1661 PORT OF THE ISLANDS CO~LMUHrrY IMPROVEMENT DISTRICT WATER & SEWER FUND Adopted Budget F'~scal Year 1997/98 ADOPTSD BUDGFr F/Y 1996/97 ACI'UAL THRU 4/3O/97 PROJECTED TOTAL ADOPTED NEXT PROJECTED @ BUDGET S MONTHS 9/30/1997 F/Y 1997/98 CONTRACrUAL TELEPHONE REN'rA~ & ~ REPAIRS & MAINTENANCE OPERA'I'~G SUPPLIES RENEWAL & REPLACEMENTS $38,OO0.00 S10,699.61 S20,0OO.00 $30,699.61 $,38,000 $3,OO0.00 $1,939..54 Sl ~,5.39 S3,324.93 $,3,500 $59,358.00 $26,716.17 $26,716.17 $53,432.,~ $59,228 $I,524.OO '~ $8~8.79 $634.85 Sl,523.64 $0 $1S,OO0.OO $9,946.00 $7,104.29 517,050.29 515,000 $1$,OO0. OO $19,161.60 $13,686.86 $32,8.48.46 $35,000 [TOTAL PLANT $258,398.OO $97,190.60 $91,164.89 $188,355.49 S276,464 [ TOTAL EXPENDITURES $133,719.72 S114,843.26 $248,562.98 $339,017 INET INCOME (LOSS) $15,730.89 $77,240.24 592,971.13 $3,483 J PORT OF THE ISLANDS Community Improvement District Water & Sewer Fund Budget Fiscal Year 1997-98 REVENUES: Standby Fees , $150,000 Undeveloped property is billed monthly for the number of equivalent residential connections of reserved capacity based on the District's adopted rates. The amount is based on prior years revenue. Water & Sewer Reven,~l Based on prior years water and waste water consumption and future connections to the system, the District anticipates the following revenues: Meter Fei Water Revenue Sewer Revenue Irri~ation Revenue $70,000 $86,000 $I1,000 [ Total $167,000 Meter connection charges represent the cost and installation of the meter at $250 per 5/8" meter. Each new resident will have both, a potable water meter and an irrigation meter installed. Larger meters would be based on the actual cost of the meter, plus $200. Interest Income The District anticipates earning $500 of interest income during the fiscal year based on prior years revenue. TOTAL REVENUE $342,500 $167,000 $25,000 $500 PORT OF THE ISLANDS Community Improvement D[~tric~; Water & Sewer Fund Budget EXPENDITURES: Administrative: Supervisor's Fe~ The Florida Statutes allows each supervisor to be paid $200 per meeting for the time devoted to District business and bbard meetings. The amount for the Fiscal Year is based on 4 supervisors and 12 monthly meeth'tgs. The fees will be split with the General Fund. Attorney The District's attorney will be providing general legal services to the District, i.e., attendance and preparation for monthly meetings, reviewing contracts, agreements, resolutions,etc. The amotmt is based on prior years cost. $8,000 The District's engineer will be providing general engineering services to the District, i.e., attendance and preparation for monthly meetings, reviewing invoices, and various projects assigned as directed by the Board of Supervisors. Management Fees The District has contracted with Gary L. Moyer, P.A. to provide Management, Accounting and Recording Secretary Services for the District. The services include, but not limited to, recording and transcription of board meetings, administrative services, budget preparation, all financial reporting, armual audits, etc..The fees are as follows: Management Accounting Recording Secretary $7,875/per year $3,647/per year $2,315/per year Annual Audit The District is required to annually have its financial records audited by an independent Certified Public Accounting Firm. The fee the fiscal year is based on prior years cost. Page 14 $6,000 58,000 $13,837 54,700 Computer Time PORT OF THE ISLANDS Community Improvement District Water & Sewer Fund Budget The District processes all of its financial activities, i.e. accounts payable, financial statements, payroll, etc. on a main frame computer owned by, Gary L. Moyer, P.A. Computer time is billed at $70 per/hour not to exceed $1,000 for the fiscal year in accordance with the management contract for the same. The computer time charge will be split with the General Fund. Trustee The District issued Series 1990, Special Assessment Bonds that are deposited with a Trustee at First Union National Bank. The annual trustee fee is based on prior years cost and will be split with the General Fund. The District has contracted with Deloitte & Touche, independent certified public accountants, to annually calculate the District's Arbitrage Rebate Liability on the Series 1990, Special Assessment Bonds. The amount is based on the current contract and will be split with the General Fund. Utility. Billing The District has a 250 account utility billing system which includes calculating, printing and mailing of utility bills, posting and depositing cash receipts, customer service and other related services. Travel & Per Diem Represents cost incurred by District supervisors or employees for travel related expenditures. Telephone Telephone and fax machine, amount based on prior years cost and will be split with the General Fund. Mailing of Board Meeting Agenda's, checks for vendors, overnight deliveries and any other required correspondence. Amount is based on prior years cost and will be split with the General Fund. The District's administrative offices are.~.located at Coral Springs Improvement District which bills the District $200 per month. This amount will be split with the General Fund. Page 15 S500 $800 $625 $3,500 $5OO S100 $1,500 Sl,200 PORT OF THE ISLANDS Community Improvement District Water & Sewer Fund Budget Insurance The District currently has its Insurance Policy with the Florida League of Cities, I_nc. The Florida League of Cities, l. nc, spedalizes in providing insurance coverage for Governmental Agencies. The following amounts are based on prior years cost: [Description General Fund Water & Sewer Total I General Liability $2,552 $2,552 $5,104 Automobile Liability $851 $851 $1,702 Property $0 $4,409 $4,409 Boiler & Machinery $0 $2,147 $2,147 Treasurers Bond $282 $282 $564 [Total 53,685 $10,241 $13,9261 Printing and Binding Printing and binding agenda packages for board meetings, printing of computerized checks, correspondence, stationary, envelopes etc. Legal Advertising Advertising of monthly board meetings, public hearings, and any other legal advertising that may be required, i ' Other Current Charges Bank charges and any other miscellaneous charges that the District may incur. Office Supplies Any supplies that may need to be purchased during the Fiscal Year, i.e., paper, minute books, file folders, labels, paper clips, etc. Capital Outlay The District may purchase a file cabinet or any other small capital item. TOTAL ADMINISTRATIVE $10,241 $1300 $1,000 $150 $100 $500 $62,553I PORT OF THE ISLANDS Community Improvement District Water & ,Sewer Fund Budget Plant: The District currently has two full time employees who are licensed Water & Sewer Plant Operators. These employees are responsible for all road and drainage operations, mosquito control and operating and maintaiz~ng the District's Water & Sewer Plant. The amount for salariesalso includes a part time/overtime pool which is anticipated based on future activity. The followi~g are the projected payroll expense for the fiscal year which will be split with the General Fund: Salaries $70,000 Part time/overtime $10,000 FICA Taxes @ 7.65% S6.120 Total $86.120 Health Insurance Health insurance benefits will be pooled with other special purpose taxing districts in the state to receive better rates based on a larger group. The amount is based on prior years cost. Pension The District will contribute 6% of its employees gross wages to a retirement account which will be established by the District. W~)rkers Compensation The District has its workers compensation with the Florida League of Cities, Inc. The premium is based on the following and will be split with the General Fund; Contractual Services The District currently has contracts for wetland monitoring, lab testing, well field monitoring, etc. Based on prior years cost, the amount should not exceed $38,000. Telephone The District currently has a cellular phone for telemetry control of the well fields, a cellular phone for field personnel, telephone and fax machine at the water plant. Page 17 $43,060 $2,500 52,400 $2,276 $38,000 $3,500 PORT OF THE ISLANDS Community Improvement District Water & Sewer Fund Budget Utilities The District currently has 9 electric accounts with Lee County Cooperative for irrigation, lift stations, water and waste water plant. Based on prior years average monthly electric bills the amount for the fiscal year is as follows: I Monthly Annual Account Name Account # Amount- Amount Ever~ngstar Cay 9310060411 $9 $108 Newport Drive 9310060409 $9 S108 Sewer Plant 9201140207 $90 $3.,076 Cays Drive-LS 9308200540 $6 $72 41 & Cay-LS 9304010628 $49 $588 Sewer Plant ' 9201140205 $136 $1,632 Water Plant 9201140203 $2,247 ~ $26,966 Water Plant 9307280335 $1,849 $22,189 Well Field 9408160294 $92 $1,105 Contingency(10%) $5,384 ITotal Amount $59,228 ] R,¢pairs & Maintenance The District will incur numerous repairs and maintenance throughout the fiscal year on the water plant, waste water plant, irrigation system, etc. Page 18 1.6G1 $59,228 S15,000 PORT OF THE ISLANDS Community Improvement District Water & Sewer Fund Budget Opcratin_~ Supplies S,35,000 The following operating supplies will be purchased during the fiscal year i.n order to operate the water & waste water system: Chemicals: $10,000 Chlorine will be purchased for the water treatment process and other chemicals on an as needed basis. Supplies Miscellaneous operating supplies for the water, waste ,'i~ water and irrigation, i.e.P.V.C, pipe, tools, uniforms, ~ cleaning supplies, etc. - - Meters: The purchase and installation of water & irrigation meters. $10,000 $15,000 Dues. Licenses. Subscriptions The District's employees will need to renew their water and waste water plant operating licenses. Also, subscriptions to American Water Works Associations, etc. Renewal & Replacement Excess funds will be placed in a renewal and replacement fund for any future replacement of equipment or machinery. TOTAL PLANT Page 19 $500 $75,000 $276,464 PORT OF TIIE ISLANDS COMMUNITy. IMPROVEMENT DISTRICT GENERAL-PURPOSE FINANCIAL STATEMENI'S YEAR ENDED SEPTEMBER 30, 1997 AND INDEPENDENT AUDITORS' REPORT ~IOCH, FRZ¥ & Zuo~or, CPA's PORT OF TI IE ISLANDS COMMUNI'FY IMPROVEMENT DISTRICT TABLE OF CONTEbrI'S YEAR ENDED SEPTEMBER 30, 1997 Independent Auditors' Report General-Purpose Financial Statements: Balance Sheet - All Fund Types and Account Groups Statement of Revenues, Expenditures and Changes in Fund Balances - All Governmental Fund Types Statement of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual - General and Debt Service Funds Statement of Revenues. Expenses and Changes in Retained :Earnings - Water and Sewer Enterprise Fund Statement of Cash l:lo~vs - Water and Sewer Enterprise Fund Notes to Financial Statements Independent Auditors' Report on Compliance and on Internal Control Over Financial Reporting Auditors' Management Letter Supplementary Data: Waler and Server Enterprise Fund: Schedule of Revenues and Expenditures - Budget and Actual (Budget Accounting Basis) Debt Service Fund and Capital Projects Fund: '~ Schedule of Cash Receipts and Disbursements- Restricted Accounts 2-3 6 7 8 9-16 17-18 19 - 20 21 22 HOCII, l~lllgY ~: ZUGI~I_AN ~ CERTIFIED PUBLIC ACCOUNTANT.~ DAY11) 13. ~.H(INA.~. CPA. I:A. DA%'ID I3. I~.ACg. CI'A. The Board of Supervisors I I TOWER D-,~UITE ~07 4800 NORTI*I FEDERAL I, IIGHWA¥ l)cccmbcr i g, 1997 INDEPENDENT AUDI'FORS' REPORT Port of file Islands Community Improvement District Naples, Florida We have audited the accompanying general-purpose financial statements of l'ort of the Islands C'Olllnltlllity hnprovcmcnt District as of and for Ibc year ended September 30, 1997, as listed in thc table o[ conlcnls. 'lllcse general-purpose financial statements are the responsibility of tile District's mmmgcmcnl. responsibility is 1o express an opinion on these gcncralimrposc financial stalcmcnts based on our audil. We conducted our audit in accordance with generally accepted attditing standards and tile standards applicable to financial audits contained in Govermnent/fudith~g Stmulards, issued by thc Comptroller General of the United States. 'll~ose standards require that we plan and pcrf'onn the audit to obtain reasonable assurance about whether Ibc general-purpose financial slatcmcnls arc flee of material misstatement. An audit includes examining, on a test basis, evidence supporting thc :,mounts and disclosures in the general-purpose financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating thc overall gencr:d- purpose financial statement presentation. We believe that our audit provides a reasonable basis fi~r our opinion. As discussed in Note 7 to the financial statements, certain errors in the application of accounting I~rinciplcs which resulted in nfisstatemcnts of contributed capital in the Water and Sewer Fmtcrprisc Fund were discovered during the year. Accordingly, contributed capital has been restated and an adjustmel~t has been made to retained earnings as of October 1, 1996 lo correct the errors. In our opinion, the general-purpose financial statements referred to above present fairly, in all material respects, the financial position of Port of the Islands Community Improvement District, as of September 30, 1997, and the results of its operations and the cash flows of its Water and Sewer Enterprise Fund for thc year then ended in confornfity with generally accepted accounting principles. .2-¸ I I Port of the Islands Community Improvement District December 18, 199'/ Page Two In accordance with Go%'enunent Autfiting Stttndards. we have also issued our report dated l)cccmbcr I,~. 1997 on our consideration of Port of the Islands Community Improvement l)istrict's internal control over financial reporting and our tests of its compliance with certain provisions of laws, regulations, contracts and grants. Our audit was conducted for tile purpose of forming an opinion on the general-purpose financial slatcmcnts taken as a whole. The supplementary data listed in tile table of contents is presented for purposes of additional analysis and is not a required part of the general-purpose financial stalements of l'ort of thc Islands Community hnprovemcnt District. Such information has been subjected to thc auditing procedures applied in the audit of the general-purpose financial statements and. itl our opinion, is fairly prose,lied in all material respects in relation to thc general-purpose financial statements taken as a whole. IlOCil, I:I~F.Y & ZUGMAN Certified Public Accot,ntants -3- Iloc~, F~.¥ & Zuo~a~,v, CPA's I III IIIII III I II IIIIll -4 - IIocm F)t~,¥ & Zuoi~t~,N, CPA's I I I'ORT OF TIlE ISLANDS COMMUNITY IMPROVEMF. NT DISTIl. ICI' STNI'EMENT OF REVENUES, EXI'ENDI'I1JRES AND CiIANGES IN FUND BALANCES ALI. GOVERNMENTAL FUND TYI'F.S YEAR ENDED SEPTEMBER 30, 1997 Debt Capital General Sen'ice i'rojccts . Fund Fund Fund Totals (Memorandum (.hlly) RF_,VENUES Special asscssmcnts $239,152 $ 773,845 $1,t) l 2.'/'/7 Interest ~, 175 43.746 $2,983 Total Revenues 244.327 8 i 7.591 _2.983 EXI'ENDITURES Current General Government l'crsonal scm'ices Operating Total General Government Flood Control Personal services Operating Total Flood Control I)cbt Service Principal Interest and £ccs Total Debt Service Capital Outlay Total Expenditures EXCESS OF RL:VENUF. S OVEIU(UNI)ER) F. XI'F~NDI'IIJRES 4,200 53.333 57.533 53,197 111.032 164.22~ 250,000 553.616 803.616 221.762 803.6]~ 250,000 0 9.040 9.040 4.200 57.533 Fund Balances - Beginning of Year FUND BALANCES - END OF YEAR 53.197 111.032 ~! ¢,__.!,22'__/ 553.616 803.616 9,040 .1.034.418 22,565 13,975 (6,057) 3o.483 193.606 !.009.303 62.838 _L2(,75_,2~ $216.171 $1.023.278 $56.781 $1.296.230 The accompanying notes are an integral part of these financial statements. -5- llocm FRI,,Y & ZUOlVlAIv, CI'A'.~ PORT OF TI IF- ISI,ANDS COMMUNH'Y IMI'ItOVF, MI';NI' DISTRI¢*I' 1 6 6 t ~i~4~, .~ STATF. MENT O~ REVENUES, EXPENDII~RES AND CllANGES IN FUND IIAI.AN('ES BUDGET AND ACI'UAI, GENERAL AND DEBT SERVICE FUNDS YEAR ENI)ED SEPTI~MllER 30, 1997 REVENUES Special asscssmcnls Inlercst Total Revenues F.X PF. NI)H'I.IIt F.S Current General Government l'crsonal services Operating 'l'ol,'fl General Govcmmcnt Budge_l_ {3choral Fund l)cbt Scrvi__cc Fund Variance Variance Favorable/ I;:~vorable/ Aclual (Unfavorabl~ ~ Acl~al_L IO2n_favorable) $236,228 $239,152 $ 2,924 $727,700 $ 773.845 $ 46.145 3.000 5.175 2.175 36.000 43,740 ____7.746 ~ ~ . ~.099 763.700 8L7~,.s 91 _3~$9 I. 6.o00 4.200 1.800 56.632 53.333 ~3,299 62.632 . .$7.533 5.099 {) O __ f2 Flood Control Personal services 51,016 53,197 (2,181) ()pcrating 125.58_Q 111.032 _ 14.548 'l'ol:d Flood Control 176.596 164.22~ .12,367 I)cbt Service Principal Interest and fees Total 1 )cb! Service Total Expenditures .239.228 ~ ! 7.466 I,;XCESS OF ItF, VENUF. S OVF, IU(UNI)F,R) EXI'ENDHIJRES Fund Balances - Beginning of Year 193.606 2311,{}{1{I 25{L000 {20,000) 544.0.5~ 553,616 (9.566) .774.050 803.016 _L2.9,566) FUND IIALAN(7IiS - i:.NI) OF YF. AR 774.050 s{.)3,610 .£2_'2,566) 0 22,565 22,565 (10.350) 13.975 24.325 193.606 $193.606 $216.171 $22.565 I .{)09.3{)3 I $ 998.953 Thc accompanying notes are an integral part of these financial slatcments. -6- lloc~,, Frtt~Y & Zuo~ix.,v, CPA's I I 1 I I PORT OF T! IE ISLANDS COMMUNITY IMPROVEMENT DISTRICT STATEMENT OF RF~VENUES, F~XI'ENSF. S AND CIIANGES IN RETAINED EARNINGS WATER AND SEWER ENTERPRISE FUND YEAR ENDED SEPTEMBER 30, 1997 OPERATING RF~VENU F~S Charges fi~r services Water and irrigation water Sewer Meter and connection fees Utilily availability Total Operating Revenues OPERATING EXPENS 'F.S Personal services Materials. supplies, and services Accounts receivable valuation discount Depreciation Total Operating Expenses Operating Loss NONOPERATING REVENUE Interest earnings NET INCOM .Et(LOSS) Retained Earnings - Beginning of Year As Restated (Note 7) Rffl'AINED F. AI2,NINGS - END OF YEAR $ 84.37(, 89.295 26,206 t4,8,624 348.50l 54.583 201.012 27,502 139.150 422.247 (73,746) 516 (73.230) 89,77~5 $ 16.545 'Ibc accompanying notes are an integral part of these financial statements. -7- lloc~x, I"R~¥ & ZIJOI~LAlV, CPA's PORT OF TIlE 1SI.ANDS COMMUNITY IMPROVEMENT DISTRIC'I' STATF. MEN'r OF CASII FLOWS WATER AND SEWER EN'I'ERPRISE FUND YEAR ENDED SEPTEMBER 30, i 997 ! I 1 1 I I ! CASll FLOWS FROM OI'ERATING AC'HVH'IES Operating loss Adjustments to reconcile operating loss to net cash provided by operating activities: Deprccialion (Incrcase)/d¢crcase in assets: Accounts receivable Prepaid expenses increase in liabilities: Accounts payable Customer deposits Due to other funds Total Adjuslmcnls Net Cash l'rovidcd By Operating Activities CASI! FLOWS FROM CAI'iTAI. AND REI.ATFA) FINANCING ACi'IVI'I'IF.S Purchases of equipment CASII FLOWS FROM INVESTING ACTIVITIES Interest earnings NEF INCREASE IN CASI I Cash at Beginning of Year CASll AT END OF YEAR NONCASII INVESTING. CAPITAl. AND FINANCING ACTIVITIF. S Property and equipment received as contributed capital 'Ibc accompanying notes are an integral part of these financial statcmcnls. -8- IlocH, F.~g¥ 8: Zuo~o,~, CPA's $139,150 (51,384) 3,298 ! i.878 3,250 4.506 $ (73.746) _L111.698 36,952 (10,106) 516 27.362 ,11,749 $69.111 III NOTF. ! - NOTE 2 - I'OR'F OF 'I1 IE ISI.ANI)S COMMUNITY IMI'I~,OVEM F~NT DISTRICI' NOTES TO FINANCIAL STA'FEMF~NTS SEPTEMBER 30, 1997 RI£I'ORTING I'.'N'ITI'Y l'ort of the Islands Community Improvement District (thc l)istricl) was created Scplembcr 16. 1986 by Ordinance 86-64 of the Board of County Commissioners of Collier County. Florida. pursuant lo tile authority of Scction 190 of thc Florida Slatulcs for the pt,rlmsc of establishing and mainlammg a water and sewer system, road and drainage syslcms, and other systems and I'acililics as p~ovided in that statute. In order to deternfine and define the reporting entity, the District apl,lies the provisions set fi~rth itl Govcrnmcnlal Accouuling Standards Board Statement No. 14. "Thc Financial Reporting Entity" {(}ASB 14). GASB 14 states that tile reporting entity consists of tile primary government, organizations fi)r which the primary government is financially accountable, and olhcr organizations which should be included because of tile nature or significance of their relationships with thc primary government. The District is thc primary government and there are no other organizations included in accordance with GASB 14. All activities of the District are included in tile fimds dcscrihcd in Note 2 bclmv. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIL:S The accounting policies of Port of lhe Islands Community Improvement Dislrict confi)rm to thc generally acccplcd accounting principles (GAAP) as applicable to govcrnmcnls. The I'oll.wmg is a summary of thc more significant policies: ,! I ?! (;OVI:.RNM ENTA L FUND 'I'YI'ES GENERAl. FUND 'll~e General Fund is established lo account fi~r all financial transactions not properly accounted for in another fund. I)FBT SERVICE FUND The Debt Sen'ice Fund is used to account for the accumulation of resources for, and the payment of, general long-term debt principal and interest. CAIHTAL PROJI'XTI'S FUND 'llle Capital l'rojects Fund is used to account for financial resources used ['or the construction of flm×l control facilities and related land improvements and those constructed for thc water and sewer system. -9- Hocm Fr~e¥ 8,: Zt~o~,t.,x~, CPA's I I NOTE 2 - i'ORT OF TI IE ISLANDS COMMUNITY IMPROVF~M ENT DIS'I'I~JCT NO'I'F.S TO FINANCIAl. STATEM F.N'i'S SEI'TEMBER 30. 1997 SUMMARY OF SIGNIFICANT ACCOUNrI'ING POLICIES (Continued) I'ROI'RIETARY FUND TYI'E WATER AND SEWER F_.NTERPRISE FUND 'il~e Water and Sewer i:.nlcrprise Fund is established lo account fi~r activilics Ihat arc fin:meed ami operated in a manner similar to private business enterprises. 'Ibc costs of providing services residents are recovered primarily through user charges. ACCOUNT GROUI'S GI£NF. RAL FIXFA) ASSFJI'S AND GENF. RAL LONG-TEl,tM DF. lYF I I I I I I ! The general fixed asmts and general long-term debt self-balancing groups of accot, nts arc tsscd solely to account for the long-term assets and liabilities that are not properly accounted for in the Governmental Funds. Purchases and sales of long-tem'~ assets are recorded as expenditures and revenues in thc Governmental Funds. Maturities of long-term debt princip;ll :irc recorded as expenditures in the Debt Sen'ice Fund. All property and equipment, including public domain general fixed assets (such as roads and canals) are recorded at cost. Those assets purchased by and used in the general operations of the District are accounted for in the general fixed assets group of accounts. No dcprecialio,~ has been provided on general fixed assets. Donated fixed assets are recorded on the books at thc estimated fair value at the date of donation. Construction in progress on the water and sewer system is accounted for in thc general fixed assets account group. Upon evidence of completed conslruction, these items are transferred to the Water and Sewer Enterprise Fund. 'll~ese two account groups are not "funds". 'll~cy arc concerned only with thc meastn'cmcnt of financial position. They are not involved with measurement of rcst, lts of opcralions. o10- I lloc,t, FRI~Y & Zuo~stA_~, CPA's I'ORT OF TI IE ISLANDS COMMUNITY IMPROVEMENT DIS'FRICI' NO'I'ES TO FINANCIAL STATEMENTS SEi'TEMBEP, 30, 1997 NOTE 2 - SUMMARY OF SI(;NIFICANT ACCOUNTING I'OI.ICIF. S (Contint,ed) ENTERI'RISE FUND FIXED ASSETS 'll~ose assets placed ill service by and used in thc tltilities operations arc accounted for at cost itl tile Water and Sewer F. ntcrprise Fund. Depreciation has been provided over thc estimated usclift Iix'es using the straight-line method. Estimated useful lives range from 5 to 50 years. Construction period costs such as bond discounls, finance and administrative costs have bccn capilalizcd. Donated fixed assets are reported at their estimated fair value on thc date donalcd. TOTAI.S - (M F. MORANI)UM ONI.Y) COI.UMNS 'lllc Iotals columns on thc financial statements arc captioned "Memorandum ()nly" to imlicate that they are presented only !o facilitate financial analysis. Data in Ihese columns do not present financial position, results of operations, or cash flows in conformity with generally accepted accounting principles. Neither is such data comparable to a consolidation. Intcrfund eliminations have not been made in the aggregation of this data. BASIS OF ACCOUNTING The Governmental Funds arc accounted for using the modified accrual basis of accounting. Revenues are recognized when Ihey become measurable and available for use. l'ropcrly taxes (special assessments) are recognized in the year they are billed and collected. F. xl~endilurcs are generally recognized when the liability is incurred, except that interest payable on general Iong- lem~ debt is recognized only when due. ^corned interest on general long-term debt. not rcflccled in these statements at September 30. 1997 was $216,938. The Water and Sewer I:.ntcrprise Fund is accounted for using the accrual basis of aecounling. Revenues are recognized when e:mlcd and expenses are recognized when incurred. In accounting and reporting for its Water and Sewer Fund, the District applies all applicable FASB pronouncements issued on or before November 30, 1989 that do not conflict with or contradict GASB pronouncements. 'll~e basis of accounting applied to each Governmental Fund budget is Ibc same as the basis utilized by each respective ftmd. 'l'he Water and Sev,'er Enterprise Fund hudget is not GAAP basis and is presented emly in the accompanying sUl)l)lemer~tary dala. -11 - llocn, FRE¥ & Zt/Ol~lXN, CPA's ! I I I 1 I NOTE 2 - I'ORT OF 'HIE ISLANDS COMMUNITY IMPROVEMENT DISTRICT NO'I'ES TO FINANCIAL STATF. MENTS SEI'TEMBER 30, 1997 SUMMARY OF SIGNIFICANT ACCOUNTING POI.ICl ES (Continued) lgUDGFfI'S On July 18, 1996, the District adopted the operating budgets for the current year. Thc Capital Projects Fund was not budgeted. Unexpended balances expire at year end. Tile District docs not use formal encumbrance accounting. Legal budgetary control is exercised at tile program (total expenditures) level. The budget overexpenditure in the Debt Service Fund consists of principal paid front prepaid assessments which is required by lhe bond indenture and accordingly is not contrary to law. ACCOUN'FS RF~CEIVAI]LE Accounts receivable reflected in the Water and Sewer Enterprise Fund co,lsist of charges to customers for service and availability. Management is making all reasonable efforts to collect receivables. I lowever, accounts totaling $95,820 are over ninety days old. The District has placed liens on the properties front which the receivables have been derived. Since these properlies arc undeveloped, it appears that Ihe receivables will not be collected until the dcvcl,pmcnt and sale of tile properties. An estimation of the current present value of lite collcclion of file receivables has been made assuming collection on September 30, 2002 at a 7% discount. This results in :, valt,ation allowance of .$27,502. CONTRI B UTED CAPITAL Contributed capital includes a non-routine transfer of residual equily from lhe General Fund. ('ash flow shortages in rectal years in the Water and Sewer Fund have been supporled by advances from the General Fund. Improvements are constructed in the Capital Projects Fund and lransfcrrcd front General Fixed Assets to the Enterprise Fund when complete. The construction is financed by Special Assessment Bonds and the asset transfers to lhe Enterprise Fund arc accounted for as contributed capital. Improvements constructed and dedicated to tile District by the developer arc accounted for as contributed capital. -12- IlocH, FaB'r~ &= ZUo~'Ix-'',t, CPA's I PORT OF 'lllE ISLANDS COMMUNITY IMPROVEMF. NT DIS'FRICT NOTES TO FINANCIAl-. STATEMENTS SEPTEMBEI~, 30, 1997 1681 I I I I I NOTF_, 2 - SUNi MARY OF SIGNIFICANT ACCOUNTING I'OLICII:.S (Continued) CONri'RIISUTI'~I) CAPITAL (Continued) The following is a schedule of changes in contributed capital: Beginning of Year - As restated (Note 7) Contributions from developer Assets transferred from General Fixed Assets [kluity ]'ransfcr $25,034 Nlclcrs $0 l. tl~provcmcnt~ _ $4,822,106 $4.847,140 105,424 105,424 9.040 9,040 $4.936.570 $4.961.60~ END OF YEAR $25.034 $0 I'ROPERTY TAX CAI.ENDAR (SPECIAL ASSESSNIENTS) Special assessments are validated wilh the Collier Cot,niy l'ropcrty Appraiser and collected by thc Collier County 'Fax Collector. The key dates in the property lax cycle are as follows: ]'receding Fiscal Ycar Enforceable lien date Assessment roll validated Assessments levied Jant,ary I July I July ! 8 1 1 I 1 'l I NOTE 3 - Current Fiscal Year Beginning of fiscal year fi)r which assessments have been levied Assessment bills rendered Assessment dye date Delinquent tax lien 'lax certificates sold October I November I March 31 April 30 June I CASII AND INVESTMENI'S Florida Statutes provide that the District may deposit its public funds in the Florida State B.ard of Administration Local Government Investment Pool or in banks and savings associations that participate in the Florida Multiple Financial Institution Collateral Pool. All cash dcposils are classified as fully insured. The 1990 Bond Resolution provides that the District may invest debt service funds only in U.S. Treasury obligations, repurchase agreements (if the Iruslcc takes possession of the underlying collateral), or certificates of deposit at quali fled banking institutions. Ail deposits and investments during and at the end of the year were in compliance with statutes and the Bond resolution. Investments are reported at cost which approximates market value. -13- lloc~, Fnnv & Zuo~in~, CPA'~ I 1 1 I I i 1 I NOTE 3 - NOTE 4 - PORT OF T! IE ISLANDS COMMUNITY IMPROVEMEN'F DISTRIUI' NOTES TO FINANCIAL STATEMENTS SEPTEMBER 30, ! 997 1681 CASII AND INVESTMENTS (Continued) The following is a schedule of thc Districfs cash and investme,~ts at September 30. 1997: Insured - Fl)lC l.ocal Government inveslment Pool Mutual Fund backed by Treasury Securities held by and registered to the Bond trustee Totals (Memorandum Only) Cash $111,431 Restricted Investments RES'YRICTED CAS! I $13.523 $ 105,229 1.087.131 $111.43l $1.192.360 'll~e Water and Sewer Enterprise Fund maintains amounts of cash restricted fi~r the Imrposc of: Future repairs and maintenance Customer deposits $ 5,000 8,523 Total Restricted Cash $13.523 I'ROi'F. RTY AND EQUIPM ENT 'll~e following is a schedule ofchanges in general fixed assets: hnprovcmcnls ()thcr 'l'lum 13uildi~lgs Balance-Beginning of Year Slorm drainage systems contributed by developer Assets purchased in Capital Projects Fund Assets transferred to Water and Sewer Enterprise Fund $ i .628.t)84 28,562 9,040 (9.040) BALANCE-END OF YEAR $1.656.646 - 14- IlocH, FaB¥ 8,: ZUO~.Ls, Z¢, CPA's I I I I 1 I I I I I NOTE 4 - NOTE 5 - I'ORT OF TI IE ISLANDS COMMUNrI'Y IMPROVF. M ENT DISTRIC'r NOTES TO FINANCIAL STATEM ENr/S SEPTEMBER 30. 1997 PROI'ERTY AND EQUII'MENT (Continued) 'll~e following is a schedule of changes in Enterprise Fund fixed assets: Waler and Sewer F. ntcrprise Fund Land Improvements Olber 'l]lan Buildings Equjpnlent To10_L. Balance-Beginning of Year Assets acquired $90,480 $5,235,631 $14,460 $5.340.571 117.260 7.310 124,570 BALANCF.-END OF YF. AR $90.480 $5.352.891 $21.770 $5.465.141. Accumulated Depreciation: l}alance - Beginning of Year Additions $464,193 $4,474 $ 468.6¢,7 136.859 _2,291 139.1~} BALANCE- END OF YEAR $601.052 $6.765 .$ 607,817. NET I'I~,OI'EI~,'rY AND EQUII'MENT BONDS i'AYABLE Special Assessment Bonds Series 1990 were issued Oclobcr 25, 1990 itl the amoun! of $7.000.000 to finance the acquisilion, constn,ction and installation of the District's Water M:,nagcmcut System and Water and Sewer System. The District covenants to levy special assessments itt annual amounts adequate to provide fi~r payment of debt service and reserve requirements. I Iowevcr, payment of principal and interest on tile Bonds is dependent on tile money available in thc Debt Service Accounts and the District's ability to collect special assessments levied, interest is payable on the first day ofcach May and November at a rate of 9% per annum. Special assessments may be prepaid in part or in whole at the option of the landmvner. On the next interest payment date after special assessments are prepaid, tile District is required to nsc the prepaid special assessment proceeds to redeem Bonds at par plus accrued interest. Tile Bonds are subject to optional redcnlption by Ibc DislricI on or after May !, 2000. Mandalory principal payments arc payal~le on a schedule through May I, 2011. During the year the District redeemed Bonds in the amount of $250,000 of which $20,000 was paid from prepaid assessments. Total Bonds payable xvas reduced from $6,035,000 to $5,785,000. I -15- Iloc~r. Fr~g¥ 8: Zuo~, CPA's I I I I I I I 1 I NOTE 5 - NOTE 6 - NOTE 7 - PORT OF T! IE ISLANDS COMMUNITY IMPROVEMENT DISTRICT NOTES TO FINANCIAL STATEMENTS SEPTEMBER 30, 1997 BONDS PAYABLE (Continued) The following is a schedule ofdebt service requirements for Ihe next five years and thereafter: GENERAL I.ONG-TERM DEBT Year Ending September 30. l'rincipal interest . '!'~)t~fl. 1998 $ 250,000 $ 520,650 $ 770,650 1999 275,000 498,150 773,150 2000 300,000 473,400 773,400 2001 325,000 446,400 771.400 2002 355,000 417,150 772,150 'll~c~aflcr 4.280.000 1.905.300 6.185.300 Total $5.785.000 $4.261.050 $10.046,050 BOND RESERVE REQUIREMEIVYS The 1990 Special Assessment Bond indenture requires tile establishment of a reserve account equal to 10% of the gross proceeds of the Bonds. A $700,000 reserve fund was cst:tiff ishcd accordingly. The balance in the reserve account at September 30, 1997 was $700,000. PRIOR PERIOD ADJUSTMENT - WATER AND SEWER ENTERPRISE FUND During the year, it was discovered that there were two errors in tile way thc District had been accounting for contributed capital. Depreciation on contributed capital assets was accounted li,r as a reduction of (closed to) contribulcd capital. Also, a portion of meter fees revenue equal lo the cost of meters was accounted for as contributed capital. 'll~ese accounting policies arc not in conformity with generally accepted accounting principles. Accordingly, the balances in contributed capital and retained earnings as of October I, 1996 have been restated as follows: Contributed Retained Capital Earnin~ Balance October !, 1996, as previously reported Depreciation on contributed capital assets Meter fees revenue $4,500,306 $436,609 354,368 (354,368) (7.534) 7.534 BALANCE OCTOBER I, 1996, AS RESTATED $4.847.140 $ 89.775 I -16- ! llocH, FREY 8,: ZUol~,_A~, CPA's I 13, Bt.~¢:g, CI'A. Frtzt)Ejttcx $. Wgt~t.s~r~,t~. CI'A. I:A. Hot'II. CI'A - SANI~EL FItE¥, CI'A - l FoRT I.AIH)F. IIIIALI~., FI.OI~II}A FAX 1954I 351-901 ~ANCTUARY TowrR D-SUITE 207 4800 NORTH r[O[RAL HIGHWAY IIo('A [Jxto~. FLO/IIItA :HI FAX (S6~ 3~-1~ I Dcccmbcr 18, 1997 INI)F.I'I£NI)F. NT AUDI'I'ORS' REi'ORT ON COMPLIANCE AND ON INTERNAL CONTROL OVER FINANCIAl_, REPORTING The Board of Supervisors Port of thc Islands Community Improvement District Naples. Florida We have audited the accompanying general-purpose financial statements of Port of lite Islands £'ommunily Improvement District. as of and for the year ended September 30, 1997, and have issued our rcporl thereon dated December 18, 1997. Our report includes an explanatory paragraph which describes a rcslatcment of retained earnings and contributed capital in the Water and Sewer Enterprise Fund. We conducted our audit in accordance with generally accepted auditing standards and the standards applicable to financial audits conlained in Government/fuditing Standardv, issued by thc Comptroller General of the United Stales. COMI'LIANCI~ As part of obtaining reasonable assurance about whether Port of thc Islands Community lmprovcn~enl District's financial statements are free of material misstatement, we perforated tests of ils compliance with certain provisions of laws, regulations, contracts and grants, noncompliance with which could have a direct and material effect on the determination of financial statement amounts, l lmvever, providing an opinion on compliance with those provisions was not an objective of our attdit and, accordingly, we do n.t express such an opinion. The results of our tests disclosed no instances of noncompliance that are required to be reported under Government ,4ttdithtg Standards. INTERNAL CONTROL OVER FINANCIAL REPORTING In planning and performing our audit, we considered Pod of the Islands Community Improven~cnt District's internal control over financial reporting in order lo determine our auditing procedures for Ibc purpose of expressing our opinion on the financial statements and not to provide assurance on the internal control over financial reporting. Our consideration of the internal control over financial reporting would m~t necessarily disclose ali matters in the internal control over financial reporting that might be material weaknesses. A material weakness is a condition in which the design or operation of one or more of thc internal control components does not reduce to a relatively Iow level the risk that misstatements in amotmts that would be material in relation to the financial statements being audited may occur and not be detected within a timely period by employees in the normal course of performing their assigned functions. We noted no matters involving the internal control over financial reporting and its operation that we consider to be material weaknesses. -17- I 1 I ! I I Port of the Islands Community Improvement District Dccember 18, 1997 Page 2 This report is intended I'or the information of management, Collier County and various departments of the State of Florida. llowever, this report is a matter o£public record and its distribution is not limited. OCli, FREY & ZUGMAN' Certified Public Accountants -18- Itoc~I, FR~-Y &.Zu°~uv, CPA's I I IIocH, & ZUGI IAN CERTIFIED PUBLIC ACCOUNTANTS A PAR?N[RSHIP OF' PflOF[SSIONAL A~OCIATIONS DAVID l~. Z~Ii)/,IA~. ¢:I'A. I~.A. DAVID Ii. I~L.~¢~(. CPA. I~.A S~.~41JF. Io FHKY, (;]'A o FOUF/TH FLOOF~ 4875 NOr/TH FED£r~AL HIGHWAY BROWARD (954) 35f-9OOO · OADE i305) 947-7717 FAX {954) 351-9011 4800 NO~TH FEDERAL HIGHWAY 45GI) 368-927E tAX t561 ) 39~ - ~ 5E I December 18, 1997 'lhe Board or Supervisors Port of the Islands Community Improvement District Naples, Florida RE: MANAGEMENT I.I~TI'ER Gentlemen: This letter is written in conjunction v,'ith our audit of the general-purpose financial statemctus of l'ort of the Islands Community Improvement District, as of and for the year ended September 30, 1997. The purpose of this loiter is to communicate to you our comments and recommendations, and to comply with the requircmcnls of Chapter 10.550 P, ulcs of the Auditor General. DISPOSITION OF PRIOR YEAR FINDING AND RECOMMENDATION In our management loiter for tile preceding year, we commented that tile billing records and accou,uing records did not agree with moneys collected, and control of the meter was given to builders. RECOMMENDATION We recommended that District staff first collect the meter fee and customer deposit, fill out the application and establish an account with the utility billing department. Then, when the builder is ready. District staff should supery, ise or perform tile installation and review the information being provided lo the utility billing dclmrtmcnt. Our recommendations were accepted, slightly modified as to tile timing for establishing a new acc~mnt, and implemented with tile result that tile system no,,,,' maintains control and accountability as intended. The following statements relate to requirements of the Auditor General: I ) 'lhere were no other findings or recommendations reported for the preceding audit. 2) '['he District is not in a state of financial emergency as a consequence of conditions described in Section 218.503( I ) Florida Statutes. -19- Port of the Islands Community Improvement District December 18, 1997 Page Two 3) 4) 5) 6) Thc financial report filed with the Florida Department of Banking and Finance for the pcri(xl ended September 30, 1997 is in agreement with the annual financial audit report. There were no violations of laws, rules or regulations discovered during our audit. There were no illegal or improper expenditures di~overed during our audil. 'll~crc were no other matters requiring correction discovered during our at,dit. Very truly yotlrs. Certified Public Accounlanls - 20 - IIOCH, FRI~Y & Zt/ol~, CPA's 1 I 1 ,I ,I PORT OF TI I E ISLANDS COMMUNITY IMPROVEMEN'F I)ISTRIC;I' WATER AND SEWER ENTERPRISE FUND SCI IEDULE OF REVENUF~ AND EXPENDITURES BUDGET AND ACTUAL YEAR ENDED SEPTEMBER 30, 1997 (BUDGET ACCOUNTING BASIS) 'll~e budget is prepared on the accrual basis of accounling with major adjustments :is reconciliation below: imlicalcd in thc Actual REVENUES Charges for services Water/sewer $141,000 $173.67 I Utility availability ! 44,000 148.624 Connection fees 0 3.306 Meter fees 10,000 22.900 Other income 29,345 0 Interest 1.000 516 Total Revenues 325.345 57,016 193,329 75.000 325.345 EXPENDII'URES Personal services Materials. supplies and services Renewals and replacement Total Expenditures -21 - Operating Income Reconciliation With Rcported Net lncomcl(l.oss) Depreciation Accounts receivable valuation discount NET INCOMFJ(LOSS) 349.01~ 54,583 201,012 255.595 93.422 ( 139,150) __I.2Z, bg2 ) $(73.230) I IlocH, FREY & ZuoY, ddv, CPA'9 © - 22 - Itoc~l, Frtn¥ & Ztro~,r, CPA's DATE: PLACE: TIME: Ii. I11. IV. Vo Vll. Vlll IX. COLLIER COUNTY AIRPORT AUTHORITY IRECEI~..~ 1 I~ . AGENDA ' - OEC 11 1998 December 14, 1998 P, oard of County Commissioners Marco Island Executive Airport, 2003 Mainsail Drive, Conference ~onq~: rec'd Copy Naplo~s, FL l:00pm Any person who decides to appeal a decision of this Airport Authority. will need a record of the proceedings pertaining thereto and will need to ensure that a verbatim record of the proceedings is made, which record will include all testimony and evidence upon which the appeal is to be based. Call meeting to Order and Quorum Check Approval of'Agenda Approval of November 16, 1998 Meeting Minutes Administrativc A. Conslruction Management at Risk Selection B. Colonial Square Realty, Inc. C. Mitigation Alternatives for Taxiway D. Business Plan Motivation and Incentive Program Everglades Airpark Immokalee Regional Airport A. Manufacturing Incubator Advisory Board B. USDA Grant-Building No. 2 C. Drainage Improvement to AirWorks Marco Island Executive Airport A. Commuter Airline Committee Report B. Par~-time Line Technician Old Business A. Management Report Near Business A. ~vww.collierairports.com Adjournment Misc. Corres: Oate: ~ Item, Copies To: COMMUTER SERVICE COMMITTEE AGENDA DATE: PLACE: TIME: II. III. IV. V. Decimber 14, 1998 Marco island Executive Airport, 2003 Mainsail Drive, Conference Room. Naples, FL 12:00pm Any person who decides to appeal a decision of this Airport Authority will need a record of the proceedings pertaining thereto and will need to ensure that a verbatim record of the proceedings is made, which record will include all testimony and evidence upon which the appeal is to be based. Call meeting to Order and Quorum Check Elect a Chairman Formulate Mission of Committee Discuss Implementation of Mission Adjournment MEMBERS PRESENT: COLLIER COUNTY AIRPORT AUTHORITY MINUTES OF NOVEMBER 16, 1998 Monte Lazarus Erne~;t Spinelli Steve Price STAFF: John Drury Michael Williams Gene Schmidt Thomas Palmer Richard Anderson Herbert Noren Gail Hambright PUBLIC: Luc Cartiere I. MEETING CALLED TO ORDER AND QUORUM CHECK Meeting called to order at 12:00 p.m. and quorum was present. II. APPROVAL OF AGENDA Mr. Spinclli added an item to the Agenda under new business for Reviewing the Ordinance on term limits for Airport Authority Board members. III. APPROVAL OF MINUTES OF OCTOBER 12, 1998 Typo: Ne,,',' Business IX-B, should be "plaques" not "plagues" Requested consistency when using names of individuals. Motioned to approve the minutes of October 12, 1998 meeting with above changes. Motion seconded. Motion passed unanimously. IV. ADMINISTRATIVE A. Executive Director's Performance Evaluation Discussion was held regarding Mr. Drury's Performance Evaluation without Mr. Drury's presence. It was noted that Mr. Drury's performance was outstanding. Mr. Spineili moved for approval of Mr. Drury's Performance Evaluation to stand as is. Mr. Noren seconded the motion. Motion passed · unanimously. Mr. Drury's present salary was discussed and a 10% increase from fiscal year 97-98, including the cost of living, was recommended to be retroactive as ot' October 1, 1998. Collier County Airport Authority Minutes November 16, 1998 Page 2 Vm Mr. Laiarus moved for approval for a 10% increase to be retroactive .'ts of October 1, 1998. Mr. Spinelli seconded the motion. Motion passed unanimously. B. Selection Committee for Buildine, Contractor Mr. Drury recommended that the Chairman appoint a Board member, Mr. Carnell, Mr. Cartiere, and himself to review proposals presented from contractors for hiring as the building contractor "Construction Manager at Risk" to construct all Authority hangars and buildings for the next five (5) years. Mr. Williams requested that Mr. Spinelli represent the Airport Authority on this Committee. Mr. Spinelli accepted. Mr. Williams accepted the recommendation that the Committee also consist of Mr. Drury, Mr. Cartiere, and Mr. Carnell. C. 4th Quarter Manac, ement Report The 4th Quarter Management Report was handed out for the Airport Authority to review over the next month. Any questions will be answered at the next Airport Authority meeting. D. Dufresne-Henrv Annual Contract Renewal Mr. Drury reported that this was the last year of a 5 year contract with Dufresne-Henry. After this year the Airport Authority will have to go out for full proposals. Recommendation: Staff recommended that the Airport Authority renew thc annual consulting contract with Dufresne-Henry for one more year. Mr. Price moved for approval of recommendation. Mr. Spinclli seconded the motion. Motion passed unanimously. EVERGLADES AIRPARK A'. Grant for North Aircraft Turnout Mr. Drury reported that the Airport Authority has secured a Grant for the north aircraft turnout which will get aircraft off of the active runway and improve safety. Collier County Airport Authority Minutes November 16, 1998 Page 3 1681 VI. Recommendation: Staff recommended that the Airport Authority accept a $33,600 grant from the FDOT which represents 80% of the project costs. blr. Lazarus moved for approval of rccommen~:~tion. Mr. Spinelli seconded the motion. Motion passed unanimously. B. Grant for South Aircraft Turnout Mr. Drury reported that the Airport Authority has secured a Grant for the south aircraft turnout, which will get aircraft off of the active runway and improve safety. Recommendation: Staff recommended that the Airport Authority accept a $80.000 grant from thc FDOT which represents 80% of thc project costs. Mr. Price moved for approval of recommendation. seconded the motion. Motion passed unanimously. C. Pancake Fly-In Mr. Lazarus Mr. Drury updated the Airport Authority with the Pancake Fly-ln to be held Sunday, November 22, 1998 at 8:45 a.m. Discussion ,,vas held and it was requested that a Saturday Pancake Fly-In be considered for the next Fly-In. IMMOKALEE REGIONAL AIRPORT A. Grant for Runway 18-36 Lighting Mr. Dmry reported that the Airport Authority has secured a $240,000 grant which represents 80% of the project cost. This grant will be used to light runway 18-36, which is our main runway and instrument runway. Recommendation: Staff recommended that the Airport Authority accept the $240,000 grant from the FDOT to cover 80% of the runway 18-36 lighting project. Mr. Schmidt moved for approval of recommendation. Mr. Spinelli seconded the motion. Motion passed unanimously. Collier County Airport Authority Minutes November 16, 1998 Page 4 B. New USDA Grant and Associated Change Order, Mr. Drury reported that previously the Authority authorized staff to negotiate a 100% grant with USDA in the amount of $189,000 to design, permit and construct three additional 1,000 square foot bays to the existing 10,000 square foot (seven bay) Manufacturing Incubator and to make some modifications to the existing building. Staffentcred into negotiations with USDA who requested a 20% match for the grant. Staffand USDA settled at a 10% match. Recommendation: Staffrecommendation is as follows: 1. Reduce capital reserves by $21,000 to cover the 10% match. This would reduce the capital reserves to $66,500. 2. Approve a work order amendment with Dufresnc-Henry in the amount of $24,000 to do design, engineering, permitting, inspection, and to develop the plans and specs for the three additional bays. 3. Authorize a change order in the amount of $I 77,633 with Quality Control Builders, Inc, for the development, of the three additional bays. Discussion was held regarding the grant and the savings of having the additional bay built no~v rather than later. Mr. Lazarus moved for approval of recommendation. Mr. Spinelli seconded the motion. Motion passed unanimously. C. CDBG Grant Mr. Drury reported that staff is working with the County Department of l lousing and Urban Development to obtain an Economic Development Grant in the amount of $750,000 to construct Phase II of the Incubator Building. Recommendation: Staff recommended that the Airport Authority authorize the Executive Director to negotiate a grant application in the amount of $750,000 with the State for Phase Il of the incubator and present to the Authority at a future date for consideration inclusive of any grant match required Mr. Lazarus moved for approval of recommendation. Mr. Spinelli seconded the motion. Motion passed unanimously. Collier County Airport Authority Minutes November 16, ! 998 Page 5 VII. D. Flea Market Mr. Drury updated the Authority on the lmmokalee Airport Flea Market set for Saturday. November 21, 1998 at 7:00 a.m. _. MARCO ISLAND EXECUTIVE AIRPORT A. Commuter Service Mr. Drury reported that the Marco Island community is showing signs for supporting commuter service at the airport. Recommendation: Staff recommended that the Chairman develop a Commuter Service Feasibility Committee and set a date for their first meeting to develop a program for addressing commuter service. Mr. Williams appointed a Committee of three to consist of Mr. Schmidt, Mr. Lazarus, and IVlr. Williams. Meeting date was set for one hour prior to next months Board meeting. B. Grant for Taxiwav Mitigation Mr. Drury reported that the Airport Authority is securing an $80,000 grant for a $100,000 project to mitigate Phase I of the Parallel Taxiway, Recommendation: Staff recommended that tile Airport Authority accept a $80,000 grant from the Florida Department of Transportation to cover 80% of the cost associated ~vith Phase I of the Mitigation for the taxiway at the Marco Island Executive Airport and authorize the Chairman to execute the necessary documents. Mr, Price moved for approval of recommendation. seconded the motion. Motion passed unanimously. Mr. Lazarus C. Grant for Relocation of Segmented Circle and Windsock Fiscal )'ear 1999 project to relocate windsock and associated segmented circle at the Marco Island Executive Airport. Recommendation: Staff recommended that the Airport Authority accept a $5,600 grant from the Florida Department of Transportation to cover 80% of the cost to re-locate tile windsock and associated segmented circle at the Collier County Airport Authority Minutes November 16, 1998 Page 6 VIII. IX. Marco Island Executive Airport and authorize the Chairman to execute the necessaq,' documents. Mr. Lazarus moved for approval of recommendation. Mr. Anderson seconded the motion. Motion passed unanimously. OLD BUSINESS A. Point of Sale Mrs. Learner reported that currently the Customer Service operations are done manually. A variety of people are manually inputting information allowing more room for error. By installing a point of sale system the Airport Authority will be able to eliminate several individuals involvement. It will interface directly to the County system permitting information to be readily available. Several software products were examined and PRG is what ,.vas selected. PRG is used at Page Field and Naples Airport Authority. Discussion '.,,'as held and questions were directed to Ms. Learner. recommendation: Staff recommended that the Airport Authority accept the terms and conditions of the PRG multi-user license agreement and proposal as amended and authorize the Chairman to execute the necessary documents. Staff also recommended that the Airport Authority authorize a transfer of $10,000 from reserves to cover the cost of PRG. Reserves would be reduced from $72300 to 62,300. Mr. Schmidt moved for approval of recommendation. Mr. Lazarus seconded the motion, blotion passed unanimously. NEW BUSINESS A. llurricane Plan Mr. Drury reported that we need to be more proactive and involved regarding hurricane preparedness. Recommendation: Staff recommended that the Chairman appoint a small committee to evaluate needs, develop a plan to accomplish needs and incorporate same into the attached Hurricane Plan. Mr. Spinelli volunteered to be on this Committee. Collier County Airport Authority Minutes November 16. 1998 · Page 7 iii IIIII I Illl I IIIIIII Bo Review df Ordinance of Airport Authority Terms Mr. Spinclli reported that Airport Aulhority Boa..r.d members currently can not ser`.,e more than two (2) terms and he would like this restriction in the Ordinance eliminated. Discussion was held. Recommendation ,.vas made that staffbe instructed to amend the Ordinance to eliminate term limits and present this to the Board of County Commission for their consideration. ':. Mr. Lazarus moved fi~r approval of recommendation. Mr. Spinelli seconded the motion. Motion passed unanimously. X. ADJOURNMENT Meeting adjourned at !:30 p.m. COLLIER COUNTY GOVERNMENT 998 i~rd of Couat7 C0a~ss~0ners COMMUNITY I)EVEI.OPMI~F AND 28~NORTII I IORSESI IOE DRIVE ENVIRONMENTAl, SERVICF. S DIVISION NAI'I.F.S, Fl. 34104 November 23, 1998 Ms. Christina Eggers CLG Coordinator Bureau of Historic Preservation R.A. Gray Building 500 South Bronough Street Tallahassee, Florida 32399-0250 RE: Collier County Preservation Board Meeting Dear Ms. Eggers: This letter is to inform you that the Collier County Historic and Archaeological Preservation Board held a public hearing on Friday, November 13, 1998. I have enclosed a copy of thc minutes for your review and records. If you have any questions regarding these meetings, please do not hesitate to contact me at: 941-403-2463. Very truly yours, Principal Planner (CLG Coordinator) I {istoric I'rcscrvafinn/RVll/rb cc: Vincent A. Cautcro Suc Filson Ron Nino Ron Jamro Nancy Sicmion l'rcscrvation Board Misc. Cortes: Date: Copies To: Building Review & Pcrmilting Codc Enforcement llousing & Urban Improvement (941 ) 403-2400 (94 I) 403-2440 (941 ) 403-2330 Natural Rc~utccs l'lanni,g .%trices Pollution Control (941 ) 732-2503 (941 ) 403-2300 (941)732.2502 ........ , ~ .~ III I I IIIIII IIII ........... ' ---1 5IINUTES COLLIER COUNTY HISTORICAL & ARCHAEOLOGICAL PRESERVATION BOARD 5lrc6ng of Novembcr 15, 1998 Present, Ah, x~ndcr Du,cl, Joanne Clulnn Lor~ Jr,~n ¥o,m~, Diane Gonzalcz John Thompson, ViccoChairman Absent: Thoma, Franchino Staff: Rar Bclhws Nan~ $iemion Thc Preserva6on Board meeting was called to order at 9:00 ~I. ADDENDA TO AGENDA: A. Old blar~ Inn (Old Bu,ine,,) B. Ooodland Barge APPROVAL OF bIINUTES, Thc Preservation Board voted unanimously (6 to 0) t.o approve the mlnutcs of Octol,rr 16, 1998. PLANNING SERVICES DEPARTMENT REPORT, l~y Bellow, pa.sed out copies of (he nl~latczl li,t of ~ifi~ ~1 Go~mr.~. (C~). Si.~r ~llier ~un~r wa, dc,i~a~ a C~ in 1994. ~e P~a6on ~M should con,idcr con~c6n~ ~me of ~he o~hcr C~'s ~ ~in assis~ncc and info~a6on on fu~ p~a6on pmi~t.. OLD BUSINESS, Ao ,Nebrlinx's Tropical Garden: Diane Gonzalcz contacted David Driaps~ to obtain a copy of his re;mr~ on Nchrlin~'s ~n. She mcn6oncd ~hat DaSd ~d not w~ ~ ~l~ ~his ~a ~cau~ hc was (hinking of publishing i~. h wa, ,u~c,~ ~at ,in~ he n~ ~bmi~ ~he ma~al ~o d,c county, i~ i, hi, da~ to ~p. ~n~r~lr, if hc ,ubmitt~ tl~e ~ ~ the P~a(ion ~ard, Ihai pm~y of ~llier (~ua~. ~ra Jean ~ung su~cs~d ~at ~ s~ o~r and do our o~ hlsto~e ~h on thc ~cn. Some of d~is info~a6on c~ ~ ob~in~ from thc minutes of Da~d's oral ~s. BoaM vo~cd ~o con6nuc ~d, d,e I~l desi~a6on B. Robert, Ra.~h Up,la,e: No new information wa, prcsentM. C. l)re.erva¢ion Board ~,Vr~b Pale: Jolm Thompson i, working with Bob Dcvlln', replacc,ncnt to get ti .... b page st~rtcd. Nanc~ $icmion volunteered to assis~ if John has a problem finding Cbc correc~ st~ff ~rson. D. Tamlami Trail Scenic. Himbwar: The BCC rccendy approvt~! the plan for secnic ,Icsigna6o. ~n,! bas forwarded the application to dsc l~lori~ Dcpar~men~ of Transport.6on CFT~OT) and tl~eir revlrw l,oard for a final vote. The Srrnic Coordinator has thank~ d,c Preservation Board for their s,,p~or~ during m'rnle drsl;nalion procr.s. Ohl blareo Inn: Jack Thompson men6onc,l that thc archaeological dig must I,c completed I,eforc the hotel proirct can be stor4rd. It appears that a new developer will have to purehase the prol,er4y if thc prolect is to be developed. Since the blarco Island City Council has officially designated the site as locally historic, ali future I,crmittlng will be through the Ci~ of Ma~o Island. It was men~ioned that a Certificate of Approerlatencss shall bc is.ued by thc Preservation Board for locally designated .ires I,efore the issuance of pern, its for tree removal and permits to alter, czca~'a~c, relocate or drmollth desi~ated structures, l~ora Jean Young will meet with thc owner to .ce if she is willinx to eon6nuc with the archaeological dig. NEW BUSINESS: Ao SurveT and ,As.essmen~ Waive~. Jack Thompson mentioned that thc ,itc is located within a Historical/Archacolo;ical Probability Area as .lest;hated on thc probability map. Ra~ Bellows stated that the L.snd Development Code rc~fuircs that any o,vncr of property under consideration for rezonlng or site plan approval which is aim located ,vithin a Probability An'a shall have a certified archaeolor, id conduc~ a survey and assessmrnt of thc sito to &-tcrmine if there is any .isnifican~ ar4ifac~s. Conversely, thc proper~y owner may apply for - walv~r fr~m this ~ui~men~ if i~ can dcmon.~ra~ed the~ is a low ~ntial for ~if~h on ~e ~ 6~. In ~e ra~ a( hand. the p~ o~er indiea~c. that the ~ent ~ica ha~ ~n comvlc~lr el~ ~d d~lo~ Since no hi,~o6c or a~h~Io~ical a.if~. ~ ~ a~ dmt 6me, ~e p~ ~cr f~ls ~a~ ~e~ is a low ~cn~ial for a~ifac~a on thc subj~t si~. Ho~r. J~k ~omp~n ~ ~ ~ ha~ ~n other a~h~olo~ical di~o~cs in the a~, ~c~fo~, thc water should ~ ~ni~ ~c P~a~ion Boa~ ~ed ~o deny the water. As a ~.uh, thc o~er ~11 ha~ to ha~ ~c su..~ ~, ,ubmlttd. ~ic~d and avv~vrd I~fo~ thc ,i~c ran be app~ved. Accidental Di.cover~ S;~e in Goodland, Alexander Dusck mcn~ioncd al,at hc requested thai thc ~llier ~unly ~c Enfo~emen{ .~ff in~,6~c a cons~c6on stsc for a home in G~dland tha{ may have impacted an a~h~lo~ical a~a. ~u~ of $c a~h~lo~r~l Iraining p~de,! {o coun{y s~ff. thc in~s6~r was able ~ find and idcn6fy ~mc a~Io~cai a~ifac~, incluSn~ plcces of ~m~e~ ~in~ ~k to ~hc ~lu~. Aa a ~.ult. a "S~p Work O~r' wa. iflucd and the p~y o~er was no6fied ~ cannot a re.tried a~haeolo~.( ~ ha~ a .u~ and aa~.smcnt p~d. ~c ~.uhin~ ~u~r wa, p~pa~d br Ro~ Ca~ and i~ indica~d that thc .itc ~d not con.in .i~ifi~n~ a~if~t, tha~ ~uld ~en~ thc o.~cr f~m con6nuin; ~th con.~c6on. Ho~r. it wa..6pulated ~ha~ any futu~ cxcavatlon I~ monito~ by a or.tried a~h~olo~sc ~i. ~ was p~ in ~c buil~n; ~i~ file. In addition, no local de,i~a~ion of thc .i~e wa. su~cs~rd. DISCUSSION OF ADDENDA: A. ~loran's Bare in Goodland: Thc .~ruc~urc i. Ioca~e,! a~ d,c foot of thc Goodlan,l Brldgc. Bill Tyson indica~e,! tha~ the bar;c i..i~nifiean~ to local hi~to~, ho,.z-ver, i~ does no~ qualify for the National Register since it has been altered, l~y Bellows .u~es~J ~ha~ ~he barge docs qualify for local designation since it is s;~nifiean{ to the drvelopmcn~ of the Tamiami Trail. I{ was noted that thc Marco Island Historical Society is al~o interested in obtaining and preacr~n~ the sh'uc~ure. The a,ldiGon to (he l,ar~r ,,~ould have to be removed as part of thc preservation effort. Bill Tyson and Alexander Dusck ,,-ill contact thc o,,'ncr to sec if hr is willing; to have thy structure locally' de.i~nated a. historic. NEXT bIIt. ETING: Friday, Decen, l~-r I 1, 1998 at lh00 A.bl. {I..n,-h ~ M,,r~.'s B~rge) Historir l~resrrva6odM ;n.~r dRVB/rh 2 IMMOKAL££ B£AUTIF'ICATION M.S.T.U. RECEiVE~ ADVISORY COMMITT££ Board of County Commissioners SUMMARY OF RECOMMENDATIONS AND MOTIONS: 3. Minutes of September 16'"~ meeting: Rita Avalos moved to accept the minutes as submitted; seconded by Dorcas Howard and carried unanimously. o LANDSCAPE ARCHITECT'S REPORT Mike suggested not replacing the lights at Carver and East Delaware and recommended changing to the same lights as on S.R. 29 since this would be a more economical way to go since repairs are so expensive. Mike will obtain some estimates to repair the brickwork. He felt the only way to control the speed along the roadway would be through a community effort. Dorcas suggested inviting a member of the Sheriff's Department to the next meeting. Denise will contact them. PUBLIC WORKS ENGINEERING DEPARTMENT REPORT Ladd advised the Committee that the 573.000 available (529,000 in reserves.. 529,000 in carried forward, and S15,000 from engineering services) will need to be transferred so that the project can go forward. He also noted that the Board still has not approved the loan that was requested. Grant funds of S78,000 will be forthcoming within the next 12 to 18 months. After a lengthy discussion, it was determined that an addition 5160.000 will be needed in the form of a loan. Unfortunately the project cannot go to bid until the funds are secured. Denise motioned to authorize Ladd Ryziw to prepare the figures based on 5160,000 interest free loan with a pay back over two years: seconded by Dorcas Howard and carried unanimously. Carter C~stantine Berry IMMOKALEE BEAUTIFICATION M.S.T.U. ADVISORY COMMITTEE 1. CALL TO ORDER ATTENDANCE Denise Smith, Chairman Rita Avalos, Member Dorcas Howard, Member Cherryle Thomas, Member Russ Muller, Transportation Administrative Services Ladd Ryziw, Public Works Engineering Department Mike McGee, McGee & Associates Chuck Buckley, Commercial Land Maintenance 6. 7. 8. 9. 10. APPROVAL Of MINUTES OF NOVEMBER 18m MEETING LANDSCAPE MAINTENANCE REPORT LANDSCAPE ARCHITECT'S REPORT TRANSPORTATION ADMINISTRATION REPORT & BUDGET UPDATE .,. PUBLIC WORKS ENGINEERING DEPARTMENT REPORT OLD BUSINESS NEW BUSINESS PUBLIC COMMENTS 11. ADJOURNMENT Next Meeting: January 20, 1999 @ 5:00 p.m. at the Immokalee Community Center Collicr County Govcmmcnt Ccntcr· 3301 Tamiami Trail, East ·Naplcs, Florida 3.{962 o IMMOKALEE BEAUTIFICATION M.S.T.U. ADVISORY COMMITTEE The Immokalee Beautification District Advisory Committee Meeting of Wednesday, November 18, 1998 was called to order at 5:30 p.m. ROLL CALL: Members present were Denise Smith, Rita Avalos, and Dorcas Howard. Also present: Ladd Ryziw, Public Works Engineering Department: Russ Muller and Sheila Convoy, Transportation Services; Mike McGee, McGee & Associates; Chuck Buckley, Commercial Land Maintenance: Jacqueline $ilano. recording secretary. Absent: Cherryle Thomas, member. Minutes of September 16"' meeting: Rita Avalos moved to accept the minutes as submitted; seconded by Dorcas Howard and carried unanimously. LANDSCAPE MAINTENANCE REPORT A. Chuck Buckley stated that routine spraying with insecticide and fungicide has done in all medians; the bougainvillea w/Il be treated with sequestrian iron next week; the Christmas banners will be hung next week; the sign has been pressure cleaned but may need sandblasting; the tree grates were cleaned. B. Chuck noted that the raised planter beds are being used as trash receptacles. This should be eliminated when plantings are installed. Do Due to traffic accidents, a light pole at the East Delaware intersection was damaged and extensive damage done to the tip of the median, and the street light and possible plant damage occurred at Carver. Accident reports will try to be obtained. Russ will contact Road and Bridge to remove the debris. Additional trash containers will be placed along S.R. 29 . Since Chuck's current contact does not cover the area under new construction, Russ noted that an amendment to his contract would need to be done. E.. Rita advised of vehicle damage at Third Street and Main. Russ has obtained an accident report. LANDSCAPEARCHITECT'SREPORT Mike McGee provided an update on the maintenance of the project. The replacement material in median #2 will be done and fresh mulch will be applied. B. There continues to be a drainage problem on the west right of way and he recommended turning the irrigation off. Collier County Government Center · 3301 Tamiami Trail. East · Naples. Florida 33962 o Co Mike suggested not replacing the lights at Carver and East Delaware and recommended changing to the same lights as on S.R. 29 since this Would be a more economical way to go since repairs are so expensive. Mike will obtain some estimates to repair the brickwork. He felt the only way to control the speed along the roadway would be through a community effort. Dorcas suggested inviting a member of the Sheriff's Department to the next meeting. Denise will contact them. Do Russ has not been able to get a contractor to come to Immokalee to make routine repairs so there was a discussion regarding replacing the brickwork at the median tips and reforming them. Mike with meet with Russ to prepare a proposal. E. Mike will spot the locations for the five newly donated trashcans on S.R. 29 and relocate the concrete oqes. TRANSPSORTATION ADMINISTRATION REPORT Ao Russ advised that he submitted the traffic problems on 846 as an action item to the Community Traffic Safety Team requesting a speed trailer. He got back information on S.R. 29 south of Immokalee. He will call them again to set up on 846. B. Russ noted that Road and Bridge will need to relocate the concrete trashcans from Main street because of their extreme weight. C. Copies of the budget status for November were distributed. Sheila provided an overview. She noted that once the Board has recoCJnized the carry forward, it could be transferred to capital. PUBLIC WORKS ENGINEERING DEPARTMENT REPORT Ladd advised the Committee that the S73,000 avaiiable (S29,000 in reserves.. $29,000 in carried forward, and $15,000 from engineering services) wiil need to be transferred so that the project can go forward. He also noted that the Board still has not approved the loan that was requested. Grant funds of S78.000 will be forthcoming within the next 12 to 18 months. After a lenc~hy discussion, it was determined that an addition S160.000 will be needed in-the form of a loan. Unfortunately the project cannot go to bid until the funds are secured. Denise motioned to authorize Ladd Ryziw to prepare the figures based on S160.000 interest free loan with a pay back over two years seconded by Dorcas Howard and carried unanimously. ~ w~n~n~ il/~,~, 15Gl 8. NEW BUSINESS A. Mike McGee advised the Committee that the fund raising pavers could not be successfully set into concrete so they will be otherwise displayed. As there was no further business to discuss, the meeting was adjourned at 7:10 p.m. The next meeting will be held on December 16, 1998 at 5:00 p.m. at the Community Center. Memo 1 6Gl NOV 2 5 1998 Board of Count.T Com~fss~oners To: From: Date: Re: Sue Filson County Commissioners' Office Helene Caseltine ~ Economic DevelolSment Manager November 24, 1998 EZDA Meeting Minutes Carter ./ /'~ Constantine v . / ~lac'K te ~/~' / 8err$ ~ ~,/' Attached are the minutes from the Enterprise Zone Development Agency Board meeting held on August 13, 1998. The minutes were unanimously approved by the EZDA Board at the meeting held November 12, 1998. Please call me if you have questions or need additional information. /]'lC Attachment · Page 1 Misc. C0rres: Date: Copies To: ( ~O I,Li ICR CO UN'FY ('().M ~I I)EVEI,OPMENT AND ENV! RON.~I ENTA I. SERVICES I)iVISION - ltOUSIN(; AND URBAN I,~! PROVEhl ENT 2801! Nt~rth iior~,c,,Ime Drive Florida 34104 (94 i ) 403-2330 (941) 403-2331 (IrAX~ ENTERPRISE ZONE DEVEi.,OPMENT AGENCY · MINUTES OF AUGUST I3, 1998 EZI)A MEETIN(; '1 he q~smlerly l']nlerpr~st. Zone Dcve]opmen! Agency mcetm~ was held on Thur.,;day. I?,. 10'Lq. a! Ibc l~h~r~d:~ ('omnmnity l{ank, lnlmokale¢, t:io~ida. " £)-I]li_~c-i.o ar ~l~L~j_icj. L~ I~e~!Lb_bers iI'l_a~: Fred Thom:is. Jr (.;ar), Danfini Raymond I Ioiland John Kirchner Robert Asbel l.,~cy Oniz .lira Penzcykov;sk~ ~ Of. LO. I__i n_,,a I I ell d a n c ¢; Jerry Primes Henn:m Spooner Joscph Lozano Al Ne~vman Denise Blanton gucs~,'st~ ffat~: Jill Greenfield Pauline Ncwbo~ Dcbrah Pres,m Grog Mihalic !telcnc (.'aseltinc A qu()ru~)i w;m I)rcscn! and Ibc' mccli)l.~3 was called lo order by CJlairnl:tn Thomas A Illt)liorl W:lS H);I~[c b? NIS. ()lliZ lO approve Iht n3inules of May 14, 199g. Mr. I'ct~zcykowsk~; after a quick review by thc hoard. (l~e molion pa:,sed unanhnously ('h;mges in the mcml~crship -~slcr ~crc discussed. ('imirman I'humas welcomed Mt .h~hti Ki~chnct. representing the ('h;md~er of Commerce. ami Mr. (;a~ Dantini, representing local (',~dc I:nforcemenI. as lhc ncxvcsl EZDA members who were officially ~ppointcd I<ZI )A IIoard by :~ tm:mimous v~le of lbo Collier Cotmly Board of County C'omnfis.~i~mcrs. It x~;~s ;renounced Ihal Mr I):~v~d I. indscy was leaving his posJlJon with Imn~okalcc Sc'.~cr ;m,I Wa~cr ,nd would be leaving thc area, so a rcplaccmcnl would he nec(lcd. ('hairman 'i h,,nas will rcqt~Csl ;i loller of resignation fi'om him. Willie Brite froni N;itinns[tanks l'~n~cc P;sttc~son flora laps Aulomol~ve were s~lggesled as replacemenm. I:~I}A ~liuutcs l)a'¢ t'.~, 0 pos,~on bc advertised, . Il xtas al.';o no:cd that Mr. Joseph l.ozano had not been m attendance m some lime. Ms. ()rllz will speak with him to see if he still has an interest in sen'lng on Il:is Board. Discussion ensued as lo how nlany could sca, e on lhe Bo~d and what types of entities cax'should be rcprcsentcd. Chai~an Thomas suggested that those less flexible positions be filled by curt'chi Board members and those thai arc more general in nalurc (ic.. Imsiness or resident in the Zone) he advertised. Al thtx prom. Staff requested ame:lding Ibc agenda by mm.,h~g ~lcm "Tb-I'mpowent;cnt Zone I'pdalc" Io ilcm "4a-Conlmi~lee Upd;des". Molion Io approve hy k,h Pen/cvkow~ki second h3 M~. K:rchner; approved unanimously. - - , i'rmr to Ms. Pres:oh's update. Chaimmn Thomas commended hot, Ms. Greenfield, Ms. Cheryl l.cwandowski and Ms. Barb Cacchione for an outstanding job in bringing hnmokalce around ~ it pertains to Iourjsm. Ms. Preston lhe~l commenced lo update Ibc group on the Empowcm~enl Zone applJcal{on, and staled Ihat there were two main issues to bc addressed: /;ou~mg and economic development. Ms. Preston gave a brief his~o:3. of thc previous ;~ppl~calmn. and staled l]l;ll thi~ one x~ll be more regional itl nature hy Includh~g }{endl3. (',runty as well as the Indian Rese~'almn. She also announced thai Ibc Imn~okalce ('hambcr '~1 ('~mm:erce is now a pa~nct m Ihis project, and asked if Ibc EZI)A [3o;ud would also like 1o s~:pporl the application as a partner. Mr. Penzcykowski made a melton t~ approve, ~cconded by Ms. Ofliz; p;~sed unanmmusly. ('Ommlltce Repons: ~.r;at.L~c__fLlan Moniloring CnrLlm..!j_l~.~; Mr. Penzcykoxvski reported Ihal the goals and smacgies of rl~e Plen arc still what x~¢ want, but that we may wan~ to look into findtn~ a P,,,Icc~ pl:,nning software program that could be used Io make thc P · , ' and Mr. Dandni o . ,~ ,.,., ..... :.,.,. . lan marc caszlv read Ms m~o ex ISllrlg software prog~ms available .... ' ..... 7 ,,,,,~ ski and a lair wj Jl 'i';'x ('tedils ¢' nil:,, ...... ~ c_c - Ms. Nowhere mCnliot~ed thai Ihcre were char:ges Io the (~mlJnUmt,. ¢'~mt~dmlion Tax Credit program, i,creaa,ng Ihe anlount availabl~ fnm~ $2 million to $ ]$ fm[J ,,, .qt;ff£ mentioned that there '.','ere also changes regarding employue eligibility f,:r thc l,d,, 'i,tx ('fc'dits Programs. which includes WAGES participant.s who cm~ live OUI~zLIc lite /.,mc i)Lscussion ensued as to proof of uligibilily, i.e. cert:fying an employee ~s,"was a WA(;I;S participant. Slaffwill contacl A1 Newman fi~r clarific;,lion .'qtaffalso memioned Ilml ,ol~ct:s of these rcccnl changes Were sent lo current users of' tho EZ. Ms. (;rcenficld .s~;,tcd dmt the EDC is working on Ict~i.slalion dealing with these issuc.n. EZDA .Mira,Its Page thrcc oJ_ql!zin_g, Chaimmn Thomas mentioned that hc was involved in thc F.I)C Il,rasing Subcomnfittee "fanf' tour of tilt: area. which included bankers from coastal Colllcr (_'OttlllS. many of whom had never been to Immokalee. Mr. Thomas e:nphasi~:d the importance of training those who might give tours and how 1o do them. Ms. Greenfield st,gges~cd including lmmokalee lligh School on any tour. as the EDC tour particir~ants were extremely impressed with Ihe facility and what it offers lhe sludenls. Mr. Thomas also suggested a walk-thru of the Winn Dixie to help "sell" an executive's spouse on the area. Reg:u'ding Zone acttmly, Staff updated members of the companies benefiting flora the Immokalce Enterprise Zone. Buddy's Home Furnishings is the ne:vest company to inquire about Zone bencfi:s, and is in lhe plan approval process for a new Ihcilitv. Mr. Kirchner and Mr. Mihalic updated tl:e Board tcgartling lhe M:mufact~ring Business Incubalor at thc Aiq~ort. II was explained ti;a! tile facility ts for a ye.'2,' specific usc (slrmllv industrial manufacluring) and not a general business cenler. Conlract negotiations are underway between tile County and USDA regarding the loan. Discussion then ensued about a need for a general business incubator, as well as small business training classes. Ms. Greenfield announced thai EDC is tentatively planning a small business seminar, in conjunction with the Small Business Development Center, lo be held in hnmokalce. In old business, Slaffmcnlioned thal she was working on a general brochme Io be used as marketing tool for Enlerprise Zone. and that perhaps this document could be Iranslated Spanish and Creole using e~ther "people', resources for translatmn or a software program. draft brochure will be brought to Ihe next meeting. in new business. Staff brought up thai il was again time to adverttse next year's meeting dates. Chairma,~ Thomas announced the upcoming dates; seeing no conflicts with any o~' the Board members, thc dates were accepted. Staff'will make n request lo Suc Filson m a[tvcnise the dates via both thc "lmmokalcc Bulletin" and "The Naples Daily News". It ,.,.'as also announced that there are vacant hnmnkalce seats for tile Lighting Beautification (..'on:miltee and the Affordable Housing Committee, should anyone be intcrcsled itt scrvmt, on these committees. -' Wifi~ no further husiness, the nlccting was adjourned at 3:35 p.m. Respectfully submitted: I lcle,m Caseltinc Economic Devcloptncnt Manager 1 o61 RECEIVED I I I I I I I I I I Carter tonstantSne l~c'Kte erry I [ I I i I Itemtt / ( _l".n nlm TZ PARKS AND RECREATION ADVISORY AGENDA November 18, 1998 BOARD The Parks and Recreation Advisory Board meeting will be held Wednesday, November 18, 1998, 2:00 p.m. at Golden (;ate Administration Office, 3300 Santa Barbara Boulevard, Naples, Florida. I. CAI,i, TO ORDER: II. PLEDGE OF ALLEGIANCE TO TIlE FI,AG: Iil. INVO('ATION: IV. APPROVAl. OF MINUTES, October 28, 1998 Meeting A I-4 V. AWARD PRESENTATION: - Phy VI. NEW BUSINESS: !. FAA - Presentation VII. REQUESTS FOR DISCUSSION- SPECIFIC UPDATE ITEM VIII. OI,D BUSINESS I "l I IX. REPORTS/ItPDATES: I. Monthly Report (September) 2. BCC Recap 3. Golden Gate Fitness Update 4. South Naples Park Update 5. Adopt-A-Park Report 6. Parab Meeting Schedule X. ADJOURNMENT B 5-9 CI0 DI! DI2 I I I I I I I I I I ! I I I 1 PARKS AND RECREATION ADVISORY BOARD Minutes October 27~ I998. lmmokalee Administration Office 310 Alachua Street, lmmokalee, Florida PRESENT: Joseph Zaks, Chairperson Daphnie Bercher, Vice Chairperson Timothy Blackford Karin English John Grice Edward "Ski" Olesky ABSENT: Gil Mueller ALSO PRESENT: Maria Ramsey, Director Murdo Smith, Recreation Manager John Dunnuck, Operations Coordinator Jacquie llart, Secretary 11 Bradie Soars~Allen, Park Program Super~'isor Jonathan ingram, I. CALL TO ORDER: The meeting was called to order at 2:15 il. PLEDGE OF ALLEGIANCE TO TilE FLAG Ill. INVOCATION: by Jacquie Hart IV. APPROVAL OF MINUTES: September 16, 1998 meeting. p.m. Motion by Chairman Zaks to approve September 16, 1998 minutes. Passed 6/0. V. NEW BUSINESS/PRESENTATIONS a. Award Presentation - Jonathan Ingrain a Life Guard at thc Immokalee Sports Complex received the attitude award which was presented by Chairman Zaks. Introduction - Mr. Smith Introduced Bradie Allen who is the Park Program Supervisor at the Immokalee Sports Complex. Ms. Allen is responsible for all the lifeguards and their training. Praise Jubilate' Praise Jubilate' is a Christian music competition featuring church choirs from around the State of Florida. These choirs judged by persons from leading music and recording industry. Ms. English discussed this event with Mr. John Gursoy, President of Gulfcoast Skimmers. Mr. Gursoy is expected to write a letter to endorse the event. Ms. English stated that the initial proposal was for a one day event on a Saturday; however, Dr. Tony Evans, who is a national speaker will do a cross cultural and non-denominational ecumenical service on Sunday. Jazz gospel artist Oleta Adams, will perform along with the Georgia Mass choir that performed in, Whitney iluston's movie "the Preachers Wife". Pink Jeep Events. a subsidiary of Pink Jeep Communications, will produce a Christian music concert and talent competition. The event will be open to the public and will be free. The proposed budget for the event is approximately one hundred thousand ($100,000) dollars. Ms. English will make a proposal to the Tourist Development Council. Chairman Zaks inquired whether Pink Jeep Communication would make a profit from the event. Ms. English stated that Pink Jeep Communications will not make a profit because they are not charging for tickets. The event will be free to the public but a free will offering will be taken. Questions were raised as to whether this would be a conflict of interest if the Parks and Recreation is a sponsor of the event. Ms. Ramsey stated that details have not yet been discussed and the event is considered as a rental at this time. Ms. English is not asking for an approval at this time. Ms. English will bring the project before the PARAB at a later date in January. This is intbrmation for the Board. IX. Old Business a. Impact Fee Policy Status-. Mr. Dunnuck presented the preliminary study of the Impact Fees. The study shows the dwelling unit cost is I I I I I I I I I I I I I I I I I I S 1,288.70 for unincorporated areas and $678.25 for City of Marco and the City of Naples. in 1991 Impact fee rates show that the cities are charged $179,00 for Regional Park Impact Fees and the unincorporated area is charged $578.00 for Community Park Impact Fees. The study has gone back and increased the Cities Impact Fcc proposal by approximately $400.00 per unit. The basic reason is because some of the deficit were over looked in the previous Impact Fee study. The park land cost per acre did not include the cost of amenities. The costs per acre is now included in these amenities costs at $35,600 per Community Park acre and $11,867 per Regional Park acre. Mr, Blackford inquired what was the Impact Fees for last year per dwelling unit. Ms. Ramsey stated that the cost was approximately $179.00 and $578.00 per dwelling unit. The packet shows a break down of individual facilities per population. bls. Ramsey stated that if Board has any changes, they should be done at this time before taking the proposal to the next level. Chairman Zaks suggested that the department change the wording of how an improvement is done in a Community Park for Regional facilities. The average person would not understand why a regional facility is constructed in a community park, an example would be a pool. Chairman Zaks suggested using multi-district, or multi-jurisdiction, or multi area park facility. If "Regional Park" is "and" continued to be used this xvould continue to cause a problem, The questioned was raised what determines a regional facility. Ms. Ramsey explained that a "Regional" facility draws other people statewide, from other counties or countywide. Motion by John Grice to approve the Impact Fee study as presented with a change to charge Everglade City as an incorporated areas. Passed 6/0. I I I I I I I I I I I be FRDAP. - Florida Recreation Development Assistance Program is a state funded program. This grant Proposal is for Sugden Regional Park. The department has already received two grants from this program. The Department has applied for a grant at Sugden Regional Park to complete the trail around the lake. This grant will fund the second phased of the Sugden Regional Park. The grant application request an advisory board approval. Motion by Edward "Ski" Olesky to accept the Sugden Regional Park Grant proposal. Seconded by John Grice. Passed 6/0 X. Monthly Repo~ c. August Monthly Rei}ort_- No Discussion. d. ~- No discussion. e. Golden Gate Fitness Expansion - The walls of the new Golden Gate Fitness Center are going up and the-contractor is two weeks ahead of schedule. f. ge South Naples Regional Park. - Contract is pending before the Board of County Commissioners. It will take seven months for park to be built upon approval of contract. PARAB Meefinl! Schedule.- Next meeting is scheduled at the ~olden Gate Administration Office. Adopt-A-Park Report - Ms. Bercher visited the Golden Gate Community Center and stated that everything was in good condition and the park is always busy. The community loves the Aaron Lutz Park summer program. The Golden Gate Community Park swings need to be repaired. The nets need to be replaced at the Max Hasse Community Park. Mr. Smith will handle the matter. VIII. ADJOURNMENT Motion by Chairman Zaks to adjourn. Meeting adjourned at 3:30 P.M.. Passed 6/0. I I I I I I I I I I I I I II ! ! RECREATION SECTION MONTHLY REPORT SEPTEMBER 1998 GOLDEN GATE AQUATIC FACILITY Registered Class Participants 148 Facility Users 5003 Program Hours 12.25 Program Participant Hours 131 I Revenue 9735 Special Events 0 EAST NAPLES COMMUNITY PARK GOLDEN GATE FITNESS CENTER Registered Class Participants 2 Facility Users 2329 Program Hours I Program Participant Hours 5 Revenue 8699 Special Events 0 FRANK MACKLE COMM PARK Registered Class Participants 56 Park Users 33126 Pro.tatum Hours 82 Program Participant Hours 124 I Revenue 2125 Special Events 0 GOLDEN GATE COMMUNITY CENTER Registered Class Participants 122 Facility Users 35558 Pro.re'am Hours 168 Pro.m-am Participant Hours 5872 Revenue 6782 Special Events 0 VETERANS COMMUNITY PARK Registered Class Participants 203 Park Users 59496 Program Hours 127 Pro.am Participant Hours 4760 Revenue 9414 Special Events 0 IM31OKALEE COMMUNITY PARK Registered Class Participants Park Users Program Hours Program Participant Hours Revenue : Special Events 60 4290 66 3960 1565 0 Registered Class Participants ! 2 Park Users 14460 Program Hours ! 2 Program Participant Hours 12 Revenue 72 Special Events 0 RACQUET CENTER Registered Class Panic/pants 31 Facility Users 1456 Program Hours 31 Program Participant Hours 3 i Revenue 3485, Special Events 0 VINEYARDS COMMUNITY PARK Registered Class Participants Park Users Program Hours Program Participant Hours Revenue Special Events 485 26945 119 9394 8799 0 IM31OKALEE SPORTS COMPLEX Registered Class Participants 2 Park Users 8996 Program Hours 2 Program Participant Hours 4 Revenue 2654 Special Events 0 16Gl~ COLLIER COUNTY PARKS AND RECREATION DEPARTMENT F^c.~rn. CU~.E~.~..~NU~R.OR ~'~ -- e Jc users are already counted Jn park/facility user figures (B) 6 m m m m m ! i I I I m m m I I I :3CTOBER NOVEMBER DECEMBER JANUARY FEBRUARY MARCH APRIL MAY JUNE JULY AUGUST SEPTEMBER COLLIER COUNTY RACQUET CENTER REVENUE REPORT FY 1994195 FY 1995196 FY 1996197 MTH Y'TD MTH .YTD MTH YTD 5,371 5,371 6,173 6,173 8,595 13,966 12,327 18,500 6,722 20,688 5,418 23,918 10,432 31,120 10,001 33,919 8,176 39,296 9,719 43,638 6.121 45,417 5,796 49.434 5.016 50,433 6,587 56,021 4.328 54,761 3,817 59,838 3,918 58,679 2,158 61,996 3,321 62,000 3,990 65,986 2,945 64,945 4,546 70,532 4,182 69,127 6,830 77,362 12,811 12,811 10,434 23,245 6,989 30.234 9,600 39,834 8.851 48,685 6,156 54,841 6,287 61,128 4,149 65,277 3,081 68,358 5,489 74,207 7,685 81,892, 8,429 ~0,321 FY 1997/98 13,824 13,824 13,023 26,847 7,100 33,947 14,474 48,421 8,766 57,187 9,339 66,526 6,654 73,180 6.668 79,848 4.904 84.752 5,256 90,008 7,058 97,066 3,485 100,551 I I I I I I I I I I GOLDEN GATE AQUATIC & FITNESS CENTER REVENUE REPORT ~. ~) G 1_ il~l~ OCTOBER Pool 4,232 4,232 3,262 3,262 3,509 3,509 6,924 6.924 Fitness rEa rea rEa rea 5,567 5,567 10,503 10.503 Totals 4,232 4,232 3.262 3,262 9,076 9,076 17,427 17,427 NOVEMBER Pool 3,679 7,911 2.978 6,240 3,122 6,631 4,107 11,031 Fitness rEa rEa 4.447 4,447 3.912 9,479 8,663 19.166 Totals 3,679 7,911 7,425 10,687 7,034 16,110! 12,770 30,197 DECEMBER Pool 3,139 11,050' 1,294 7,534 3,889 10.520 5,067 16,098 Fitness rea nJa 2,845 7,292 4,342 13,821 8,473 27,639 Totals 3,139 11,050 4.139 14,826 8,231 24,341 13,540 43.737 JANUARY Pool 3,872 14,922 2.878 10,412 6.291 16,811 4,508 20,606 Fitness rea rea 7.714 15,006 14,867 28.688 13,856 ,~1.495 Totals 3,872 14.922 10.592 25,418 21,158 45,499 18,354 62.101 FEBRUARY Pool 3.815 18.737 4.603 · 15.015 8,254 25,065 9,531 20.135 Filness n/a n/a 4,082 19,088 8,191 36,879 10,219 5t,714j Totals 3,815 18,737 8.585 34.103 15,445 61,944 19.750 8;.850 MARCH Pool 10.309 29.046 6,675 21,690 18,771 43,836 13.263 43,399 Filness rea n/a 3.760 22,848 5.396 42.275: 10,123 61.837 Totals 10.309 29.046 10.435 44,538 24,167 86,111 23,386 105.236' AFRIL Pool 12.851 41.897 11.312 33,002' 13,784 57,620 24.130 67,529 Fitness rea rea 5.204 28,052 6,978 49,253, 6,444 68,281 Totals 12,851 41,897 16,516 61,054 20,762 106,873 30,574 135.810 MAY Pool 16,846 58,743 15,256 48,258 26,016 83,636 24,226 ~1,755 Fitness n/a rea 4,030 32,082 6,919 56,172 6,399 74.680 Totals 16,846 58,743 19,286 80,340 32,935 139,808 30,625 166,435 JUNE Pool 19,396 78,139 20,540 68.798 35,210 118,846 40,087 131,842 Fitness rea rea 3,318 35,400 8,077 64,249 7,973 82.653 Totals 19,396 78,139 23.858 104,198 43,287 183,095 48,060 214.495 JULY Pool 12,936 91,075 18,424 87,222 26,017 144,863 26,995 15~,.837 Fitness n/a n/a 5,181 40,581 6,290 70,539, 6,717 89.370 'Totals 12.936 91,075 23,605 127,803 32,307 215,402 33,712 248.207 AUGUST Pool 11,664 102,739 17,195 104,416 19,617 164,480 19,117 177,954 Fitness ; n/a rea 4,833 45,414 7,697 85,877 6,027 95,397 Totals 11,664 102,739 22,028 149,830 27,314 242,716 25,144 273,351 SEPTEMBER Pool 8,704 111,443 11,459 115,875 11,366 175,846 9,735 187,689 Fitness rea rea 10,078 55,492 7,641 85,877 8,699 104,096 Totals 8,704 111,443 21,537 171,367 19,007 261,723 18,434 291,785 (B} 8 m m m m m m BEACH AND WATER MONTHLY REPORT SEPTEMBER 1998 USERS ;~ REVENUE CURRENT YEAR PRIOR YEAR }.CURRENT YEAR I PRIOR YFAR MTH Yl'Oi MTH YTD ~ MTH Y'FD( ).';TH, YTD EAREFOOT 3,113 113,009 8,028 168,400 ~ &t~- i~RS (ACTUAL) Ea ;RESERVE 7.013 185.8C0 9,134 237.2391 ,~,: 340 19,946 297 21,21~ 2.919 101,061 3.673 118,602I CLM.t PASS 18.535 2,C8,~1 27,..,68 3,C6,837 ~- 999 45,246 2,140 llGE.RTAIL 14.410 276.463 16.711 349.4,~6 .~ 7.060 193,484 7,344 1.c9.947 VANDE.=~ILT 12.026 232.271 16.812 249.419 ~ 1,176 37,651 916 25,467 =. V ECH F.~ t,IETERS O 0 0 0 ~ 639 14.167 929 18,412 N GULF SHORE 3.0,C5 93.0..,3 a.,cca 137,5,C4 ~ 136 2,977 1 l,c 2.539 SOUTH t;.ARC.~m.~__O 3.377 7108,4 55.9 68.882 ~ 1,5.9 26.66S 1.241 27,0,41 SUGCEN REGIONA ~ z0.2C.cl O 0- .,.42 83.4~7 516; 72.~5 -':- 0 0 C C L~'KE 7AAFFC~.D ; 17.165 201.2.~--_ 1,C..~7,C 193.2-C~ ' 0 Ci C C CCCCHATCHEE 9.163 501..~67 11.623 ,408.,C33 ', 9-c0 18.12~1 1,780 20.06~ C;NCESSIONS ECAT LAUNCH " 714 12.647 979 16.~63 CCNCESS;ONS I 2.3C6 129.4081 4,30-c 1,:0.181 I I I-, G.=.'s:;D TOTY'L j 114.9641 2.321.,Ca-Cl 138.919l 2,413.~,Cl ! lg,Si2J 620.494j 24,8431 E,C7,202 m 1681 I I I I 1 I I 16Gl ADOPT- A- PARK R~'PORT The Adopt-A-Park Report is provided by the Parks and Recreation Advisory Board. Each PARAB member visits their adopted parks and gives a detailed report of the parks condition. The purpose of this reporl is to help Parks and Recreation Department to continually improve in maintaining park facilities. Tim Blackford: a. Vineyards Community Park b. Clam Pass Community Park Report on 3/24/99 Edward "Ski" Oleskya. lmmokalee Community Park b. lmmokalee Recreation/Aquatic Report on 4/28/99 Daphnie Bercher a. (;olden (;ate ¢'onmlt[nily Park (;olden (;ale ¢,omn;t[nity Center c. Max A. llasse .Ir.. Community Park ('omi)leted i 0/27/98 Gii Mueller: a. Frank Mackle Community Park b. Tigertail Beach c. Collier County Racquet Center Report on 11/18/98 John (;rice: a. East Naples Community Park b. Sugden Regional Park Report on 12/16/98 Karin English a. Bayview Community Park b. South Naples Community Park Report on 1/27/99 Joseph Zaks: Cocohatchee River Park Lely Barefoot Beach (D) I 1 Report on 2/24/99 PARKS AND RECREATION ADVISORY BOARD MEETING SCHEDULE 2:00 p.m. I i. November 18, 1998 Golden Gate Community Park, 3000.~'anta Barbara Blvd 2. December 16, 1998 Veterans Community Park, 1900lmmokaleeRoad NOTE: Meeting dates could be changed due to holidays observed. PARAB members will be notified 2 weeks prior to meeting date in the event of a change. PARAB meets every, 4th Wednesday of each month ** MEANS A DATE OR A LOCATION HAS BEEN CHANGED. (D) 12 COU..IER COUNTY GOVERNMENT PELICAN BAY SERVICES DIVISION NOV 2 5 1998 BOSrd of Count.) Con~i~iv,,c, $ H¢)I LAUREL OAK DRIVE SUITE 605 NAPLES, FL (9.11) 597-174') F/tX (9.t 1) 597-.15()2 A ( LRq"IFIED BlUE CIIIP ¢ ~ )M.',IUNI'FY Nf)'I'I(TE OF I'UBI.IC ~Xl EETIN(; NOTICE IS I II.~RF.I)Y GIVI-;N OF :\ RF.(JUI.AR MEF. TIN(J OF TI Ii! I)I.:I.I('AN BAY MSTBU ADVISORY COMMITTEE AT TIlE FOUNI)ATION ('F. NTlilL IIAM,',.IOCK OAK I)RIVI:., N:Xl)I.F.S, FLORIDA 34108 ON I)ECE.XlliI-:I,I 2, 1998 3:1'10 P.~I. ,AG EN I)A I. Roll Call 2. Approval ofthe November 7. 1998 Meeting Minutes 3. Collier Cot, nty Sheriff's Office A. Community Policing Update i Norrt$ Carter Constantine ~c'~e Berr~ 4. Rex'Jew o£Syslem Ill and IV exotic removal, material rcplaccmc,~t and berm widening 5. Sub-commitlee Reporls A) Clam Bay I Freshxvater/Slormwa/er Study Report 2 I)esi? Status Report 6. Commiltee Requests 7. Adjourn ADDITIONAI.I.Y, TIllS NO'I'I('I5 Al)VISES TilAT. IF A I'I:.RSON I)I'~('II)F.S T() APPEAl. ANY DI:'CISION MADE BY THE PF.I.ICAN IL\V AI)\'ISOI~,Y COMMITTEE, WITil RF. SIH:CT TO ANY MATTEP, CONSII)F. REI) A'F Tills MEETING, lie WII.I. NF.F.D A RECORD OF Ti IF. PROCEF. DINGS AND TI IAT FOR SUCII PURI~OSIS., I IF. MAY NF. EI) TO ENSURE TI IAT A \q:.RBATI:Xl I~,ECOI~.I) OF TIlE PROCEF. I)INGS IS MAI)F., WI IICIt RECORI) INCLUDI.~S TIlE TF.S'FIMONY AND EVIDENCE UPON WIIlCIITIIE APPEAl. IS TO BE Misc. Corres: Date:, Item~ z/~'~ F Copies To: 1651 RECEIVED Naples. Florida November 4. 199g NOV 2 5 1998 LET IT lie KNOWN. Ihat Ihe Pelican Bay MSTBU Advisoo'Bgio~ljn0ftC~o0i~Flj.yi~o~j~lfoner$ Session on Ihis date at 3:00 P.M. at ihe Foundation Ccnler. 8962 Hammock Oak Drive. Naples xvilh the follmving members present: Dr. AI;m Varley. Chairman Mr. George Wcrncr. Vice CI,airman Mr. Thomas Bro~'n Mr. James Carroll Mr. Ed~ard Gri~lh (Ab~nt} Mr. Glen Hat<Il (Absenl) Mr. l Icr~ i las~n Mr. John t Io.,4 Mrs. Cornelia Krcigh Mrs. Maureen McCarthy Mrs. Corn Obley Mr. Anthony Pires Mr. David Rocllig Mr. Bcrnon Yolnlg AL~;O PRESENT: Ai~proximatel.~ i0 Pchc;m B;t.~ residents: Mr. Ed Ilschncr. Division Adminislr;~tor. Collier Cotmty Pnblic Works: Mr. James P. Ward. Deparlmenl Direclor: Mr. Kvle Lnkasz. Dcl~;mment Field Manager and Mrs. Barbara Sntlth. Recording Sccrcla~'. AGENDA: I. Roll Call 2. Approval of thc C~tober 7. 1998 Mcclmg Minnies Collier County ShcrirFs Office A. Community Policing U~alC 3. Review of Amendment lo Ordinance 90-I 1 I. as amended, to begin reducing Iht size of thc Ad~ ~so~ COnllnlll¢C ffonl fifteen (13) momars Io IhiHccn (13) momars, reducing Ihc {[lloHinl rcqHircnlcnt 1o ~ven (7) members, and <dueing lhe mm~r of voles required Io Iran~cl business Io a nmjont) of those prcse~u, except a 4/3Ihs vole of Ihose nlenl~rs present would be reqtfi<d Io adopl Ihe Pelican Bay Mt, nicipai Sen'icc Taxing and Benefit Unit Budget. 4. Sub-commillcc Reporls A) Clam Bay i. Frcs[rwaler/Stormv,'atcr Sltldy Reporl 2. Design Status Report B) Long R:mg¢ Planning $. Commiltee Reqnesls 6. Adjourn Carter __ Constantine _ _ 8err~ ROI.I. CAI,i,: Dr. Varlev called Iht meeting to order and asked Ihal Ihc Record show Mrs. Nl:n,rccn NlcC;mhx wilh an excused absence. APPROVAl. OF MINUTES OF TIlE SEPTEMBER 2, 1998 MEETING Page order".... Page Page Page Page Page 321)1. ROLL CALL. "Mr. Wcrncr" shot]Id be ch;raged to "Dr. Varlcy called thc n,ceting to 3202. Scco,d linc. change "trair' Io "trial". 3206. second paragraph. Ihird line change "o" Io "ho,e,"'. 3212 Par:lgraph 4. "m:ljorily x%'ould be four'' should be changed to "quonmt ',,,et,Id bc fonr". 3214. third line. "Bard" lo changed to 'Bonrd" .'t214. linc six. ch:rage "Cot, nt-~ide" lO Couqty-widc". Misc. Corres: Date: -3221- Itemg ~ ':iu: f~t~~ :,'~ TO'. PEI.ICAN BAY ADVISORY COMMll'i'EE Novcmbcr 4. 199~ Pagc 321~. Paragraph 5. uord "doric" should be changcd to "do~ n". [ Mr.~. OM0' ,,,red. sec',ntlt, d bt' ,Sir. if'er, er a,d ,q~I,r, vedI ~ltl~ttlJntOtt~/)' the ,$fln~tte~ o['the O~ohcr 7, 199tt, os ,',fretted. I SIIERIFF'S I~EI'OR'F Dcputy SCOll Proper rcporicd lhal thcrc is anolhcr addilion of Iht Ncwslcttcr Ih:l! Il:Is been dislribulcd Iod:ly. Thcrc :irc going Io b¢a fc~ Ihmgs ~! u~ommg ~ssucs aboul home scctmly ~hich arc of a major conccrn right aox~. I h;nc g~ no~s and bad ncx~s. Thc good ncx~s is Ihal laSl nighl Ihcrc ~crc t~o ~oplc caughl IOmg Io burglarizc a condominium al Scrcmlipily and ~c did gci tapcd confcssion from onc of Ibc susl~cls. Thc bad nc~s is that ihcy arc not bcing considered whm ~c call thc "Dmncr-sct Gang" Ihal luls us c~co' 5car during lhc scason. T> pic;~lly these pcoplc arc hitting for jc~cl~, and cash ~ m mastcr ~dr~ms. bmhs and drcssing areas. Also p:m of lhc bad nc~s Ibc lime ch;mgc, a homc m Audubon uas lul and thcy got approximatcl5 S1~}o.I)~,) x~orlh ofjcx~cl~ :md die follo~mg Tucqd:l5 thc) IHI a residence offof Grccmrcc Dm'c Wc h;nc rc:~son to bclic~c and thc ~m~c gro.p :md I~licvc il is Ibc "Droner-scl Gang" Dcpul5 Prol~r sho~cd a Iapc of ;m micro'Joy of ;I burgl;~r ~1~o ~as caught on thc East Coasl of I~ki~g for. Deputy Proof cxplamcd Ih;il thc Crimc Prcvcl~lioll Um[ is :ri'mi;al)lc co~don~ll~ul~ ~nCClH~s ;Hid associ;lllO~ mcctings lo addrcss somc Ibc lop,cs covcrcd in this csc-opcning silualion Io ~c ho~' profcsqion;d Ihc~ ~oplc rc311y arc ;md cx;iclly ~'hal Ihcy ;~rc looking for. lfansonc ~ould likc ~o scc Ibis I;1~ ill ils cnlir~ly you can coniacl Ibc Nonh Naplcs Mr. Brm~n a~kcd lJc~l s~cc 3o~ ha~c ~ll~gh[ ~c~y iff Pclic;m Bay m Ibc ~idsl ora burgl;~O. 3222 PELICAN BAY ADVI.SORY COMMITTEE November -I. 199.'q I6G1 Deputy Proper replied Ihal Itc is nol sum how much involvement each individual c:m have. I am nol sure you can even get a ~tilion together gaying )'ou are unhappy with Ihc way some of Ibc cases nrc ~ing pro~culcd and sst feel you should ~ coming doxvn on these ~ople harder. I would really hHvc ~e if I can get ~ou a ~ttcr ansucr. Mr. Broxs n asked if Deputy Proof uould do Ihat. There have ~cn a lot of people in PelicaH robed and they arc extremely unhappy. Mrs. McCarthy Slated Ih;il il was her impression that with any rcponing that wc gel xxc xscrc ~o ~ gelling Hn indication about how re:mx times o.r s~cial deptHy is l;~kcH OHI Of Iht .re;~ and For what reason. This t~;~s Hot reported in the Nc~sslcltcr. Dep.t5 Prol~r reported that he would check lhis xs ilh Sgt. Millig;m Mrs. Obley asked thc ~sl pr~cdurc to follow sshcn in your home. ~hcthcr it be keep securJly sS'slem on or nol? Deputy Proof replied that 75% or the lime when they respond Io calls, thc system xxas nol because "they x~cre only going lo lc;nc for about :m hour". Ir ;s burglHr knot~s 5oH ;~re goiHg Io be goHe for five Io IcH mmHIcs. Ihal is ;ill tl~c Hme th;il il I:~kcs lllelll. People who have alarms should ;ICliv;lle REVIEW OF AMESD.MENT TO ORDINANCE 911-111~ AS AMENDEIL TO BEGIN REDUCING TIlE SIZE OF TIlE ADVISORY COMMI~EE FROM FIFTEEN (15) MEMBERS TO TilIRTEEN (13) MEMBERS~ REI)i;CING TIlE QIIORIIM REQIJIREMENT TO SEVEN MEMBERS. AND REDUCING TIlE NUMBER OF VOTES REQUIRED TO TRANSACT III~SINESS TO ts. MA.JORITY OF TIIOSE PRESENT~ EXCEPT A 4/5TIIS VOTE OF TIIOSE MEMBERS PRESENT WOUI.D lie REQIIIRED TO ADOPT TIlE PEI.iCAN BAY MUNICIPAl. SERVICE TAXING AND BENEFIT UNIT Bill)GET Dr. Varlcy asked if there xscrc an) questions regarding Iht memorandum x~ hich was dislributcd regarding thc dow nsizing of thc Advisor' Commitlce? Mr. Wcrncr staled th:Il hc asked Mr. Ward lo bring this back up. At thc last mccHng x~c agreed Ihal ~ve would reduce Iht size of Iht CO~HH~iIICC beginning in Jnnua~'. to Ihinccn (13) members. Al Ih:H time il ~vns also suggested Ilmt x~c need a majority for n qnomm nnd rather Ihan having n specific number of ~olcs on mOSl ilCmS, xsc grid lh;~l ;I m;tjority of Iho~ prcscnl, provided xvt Ired a quorum could p:~ss a 3223 PELICAN BAS' ADVISORY COMMITTEE November 4. I illoIioII. It %%:1S then suggested Ih;il for budgcl pllrpo~s th:Il x~c go with ;i 4/Slhs vole of those present pass a budget item Right no~s to p;zss a budget ilcm it rcqui~cs eight tS) a~rmalive voles. Under this situation ifxxa b;~d thirteen (13) momars present, il xxould require clcx'en ~ 11 ) a~nm~lix'c votes. I think th;il is IlOl xxhai xsc Xl{llll lo accomplish. In cffcct )ou could have three of thc members hold thc budgcl hoslagc if Ihcy svanlcd Io. ! ssould suggcsl Ihal xvc reconsider nccding 4/5Ihs of lhosc present for budgcl ilcm and go IO 2/3rds or 60'~;, of Iho~ prc~nl. I would like thc Advisor' Commillec IO reco~sidcr Iht 4/5Ihs rcqmrcmcnl for budgclcd Mrs McCanh5 si;lied Ih;il her onl5 qtlcslioll is. If n~c arc x~orrlcd ;~u~ approval of thc budget. do ~e rcall) ~a~l Io 1~ ~olmg on Iht b,dgcl if Ihcrc arc only going Io [u seven of Ibc lhirlccn members prcsenl. I 11111 iio1 ~llrc ~C ~;1111 IO III;IkC sIIch iIi;ijor decisions xxilll otil) ;I I~xx of our members Wh:ll ~e ol~ghl 1o I~ Ihillking ill ;~ddlllo~l lo ~h;ll Mr. Wcmcr is ~l}mg. Is Ibal pcrh;~ps lo pass budgcl items or thc budget. ~c need more Ill;ill ~lCll ~ople progeill. ] don't think xxc sbotdd be m:~kmg such ve~' mlporl:lnl dccisio/Is Ih:Il ~lfl~ct Ihis comnmnil) ~Xllb jusl four or five people. Mr. Werncr replied Ih:it thc dec~sion is nol being made by Four or five people. You rex iex~ ibis :lboul three dlfl~rcl~l ImlCS ~11 Ihrce diffcrcllt llleelil~gS. There ~;Is ;m ~mtic:llion Ihnl xou Iclcphomc h~k-up for members ~ho ~v:mlcd Io panicipale. Mr. Hasson slnled Ihal iF ;I ~rsoli feels strot~gl)' ;iboul Iclephonic :lllcndimce for ;i meclmg. should be done. If I did ~lol agree X~llh die budgel. Ihen I would be on the lelcphone, xxanting IO vote. Mrs. NlcC:~h) Slalcd Ilml she d~s nOl Ihink x~e sho~dd bc making mnjor decisions Ihnt :~lTccl this COmllllll~ily ;lied doing ~I based on Ihe vole of fo.r or five ~ople ! am nol worried :lbotll ~ hedger you or I feel SlrOngl) :lbolll il. bill I alll ~orried a~ll il ill ierms of Ihe COlnlmlnil~. I Ibiltk if I ~:ls silting the comtmmily :md fom~d lhal five ~oplc voled on this major cxpendilure. I x~o.ld m:~kc :m issue. Dr. Varle) asked xxbelher for ilClllS Ih:il COllie i~p for :1 vole. :1 nln.lOrll) of those presenl could IbC mollon, b~tl for budgcl ~lcms. ~lsc Ihe old s)slem of an nbsoh~le iIl:ljorily of ll~e mind,er on Commillee? Mrs. McC:~h) gl;lied Ih:il she would feel ~ller at~ul lb:lt. 3224 6Gl PELICAN BAY AI)VISORY COMMITTEE November 4. 1998 Mr. Werner Staled thai ,,,,auld be an improvemenl over the way lhat fl reads now. would nccd scvcn 1,7) ;fffinnatix c x'otcs rcgardlcss of thc number in attcndancc. Mr. Rodfih, moved, seconded b)' Mr. Hass'an anti approved unttnimnusl)' to re~htce the Advl.w~r)' Commiffee from fifteen (15) to thirteen (13) monhc, rs in Janua~', 1999. Reduce the quorum requirement to seven (D member.,, reduce the number t~ votes required to tratl.~ac't bu.q'Jnels tO a mt~orlO' t~ those present, ercept seven (D members are required to vote t~firmatlve(~' to mlopt the budget. No,s~ SU I;-CO.M.M ITTEE I{EPORTS A) CLAM BAY Mr. Rocllig rcporlcd Ih;it c,,c~one Il;Is ;I cop} of thc Icllcr from Turrcll & Associ:ucs sending in Iht plans for II~c lixc studies Io FDEP. As far as I knoxs' ~e have no~ heard anylhing back from FDEP. I attended :l Florida Beaches and Shores Meeting in Capm'a Ihis month ;md at thc banquet I sat al a table x~'ifl~ Mr, Br;mdfiy ~vifi~ FDEP and ! dou'l amicipale any significant problems. I also met Dr. John Stcigcr ~ho is thc Environmental Director for thc City of Naples. ! s~kc with him about tim Seagate Pr°Jeer and they seem to be yen' intcrcsmd in that projccl. There d~s not ~cm to ~ ;my fidurc problems should go ahead with that project. In so re;my words. Dr. Slciger said it ~'ould ~ a benefit to them and Io us. thc past x~c x~crc uot t~ sure how thc CJI5 of Na~s vicx~cd that project, but [ got a ye%' positive feeling after lalking lo Dr. Slcigcr. Mr. Roclhg conlmucd Ih;ii ;Is filr ;Is Ibc bid d~tlmcl~15 go. thc5 sho,ld bc rcath mx~ards fltc end oflhis month as scheduled ;md x~c should ~ able lo review Ihc bid docmncnls at our next sub-cotmmllCC ~nccfing. This all :~ppcars to ~ on schcdulc. Mr Yom~g asked if there x~as an)thing uucx~ctcd with the core samples that xxcrc lakcn? Mr. R~lllg replied that he would not say unexpected. They did find some fine material that ~'ould not ~ suitable for ~ach distaff aud x~c could anticipate that. The main lhing was to (Iclinca~c that. so that xvc know how much there x~'as and how the conlractors could bid on il. There was uothmg that was a sh~k to auyone. 3225 PELICAN 13AY ADVISORY COMMITTEE Novcmbcr .1. 199,~ Mrs. McCamh.x Sl:tlcd ih:il since v,c ;irc Inlking :lbolll el;ira B;i.,. I a,n going Io chose Ihis as lime Io bring tip Ibis lssll¢. I s,'.ilnlcd Io bring up il vOIC Ih;ll Ibis Colnnlillce look at lasl lll¢¢llllg. [ x~:llll IO gcl a ~n~ of s~hcfl~cr or nol il is lifts Co~nsillcc's feeling lhal ~vc will reverse prior voles bcc;~t~sc ~oplc complain aboul ;in issllc. S~cificall}. i mn talking aboul Ih;il xsc Imvc reversed a decision I~mdc scvcr:d nlonlhs ago Io remove all of Ibc Auslmli:ll~ pines along onr bcacls, bce:mst il was Ibc righl Ihing Io do firsl and forcmosl for IbC cm~ronmcnl and for Ihc sake of Ihc m;mgrovcs io which ~vc s~nding an a~sfid Iol of n~ol~cy. Second. il ~l~s risc fighl firing Io do bce:mst thc Com~ly has said Ilml oughl 1o do il. Thc COlllll} h{IS mandalcd Ihal Ihc~ cxolics havc 1o come dox~n. I was dislurbcd nbsolu~c basis because I Ihmk il is a mislakc for Ihc cm'ironmcnl and :1 fill;lllCi;ll mislakc. I Imvc fell Ibis ConmullCC ~olcd on IbC b;isis o[ ~sh;ll ~sc fell ~;Is ~sl for Ibc COlllllllllllly. I don'l Ihink vole based on xsh;ll ~sc Ihlllk ~lll make us ~lmlar. Itox~cxcr. xsc gel colsll)l;l~llS ;lbolll cxc~llsil~g ~c do. When Iht mangrosc rCSlOral~o, ssas approved. Ihcrc sscrc many people x~ho fch x~c shotdd nol bc I):l)iIig imo fl6s. Tirol did nol dclcr )o~1 [roln doing sslmi }ou fell ~s'as Ibc righ~ Ilsi~sg. When you ;ipproxcd rcmov;d oflhc Anslr;dmn Pines. ~nonc~ xs;is placed in Ihc budgcl for il ;md x~c decided Ibc reason x~c xxcrc going Io do Ihal ~s;is Ih;il Iht) sccd ~cO n~psdl);md ~sll;ll sic ]l;ivc done is pomcd ~ I.XOl).ol)() iii I~ Islg IO t:lkc cnrc of thc m:mgroxcs lind al IbC ~]mc Im~C ss~ arc lolling exotics fill thc nt;~ngroves ,p and destro) :~:~lhr~ mangroxcs. TI,s ss noi ;l~ul Irccs. This is ;l~ul doing Ibc r~hl Ihing in lids parlicul;~r c lmvc made Ibc ssrong dcc~sion Io xsor~ il~lll ~1 Icky i~oplc ~sho havc compl;fincd, l[ complainls arc lhc only iss,c. ! ~s~ll go d~r Io door m~d bring )on a diffcrcm mm~bcr of compl;lillls. O~lr decisions should nol t~ b;iwd o, s~hcflscr a fcss I~oplc call ,s. Arc xsc now going lo rcxcrsc decisions nmdc monfl~s c;~rlicr? 11 ~s Iht xsrong choice. [ Iold sou cnrlicr you have a choice. You can cilhcr lake Ihcm dox~l~ now ~xilll ;I mmlnmn~ OflllOllC). o[ )Oll ciIII le;l~C Ihelll op ;ind crcale a m;fi~len:mce pro,ram so Ihal ~cdlings {Ir~ Clll doxs II rcgnl;~rl). Yo, cmmol Icl Ihis go ~cm~sc you love Irces. Mrs. McC;mhy conllntled Ih;il scvcr;d in,clings ago I spoke xxslh i)a~slon Io rise afrcc[ hnvc dropi~d lhc bnll on somclhing x~c arc in:lnd;llcd Io do and Ih;il is IO remove Ih~ cxolics on Ihc norlh ~rm. Wc x~Cnl Ihrough Ibc pr~css on ihc sO~llh ~rm ;~l~d removed lhcm. New gro~vlh is coming Ill IIII III IIIII III III II III PELICAN BAY ADVISORY COMMrI'I'EE November .1. I I I I IIIIIII I I I I Ycs. thcrc xvcrc complaints about dcnuding, but if you go back lo Ihai area .vou x~ill sec Ihal :ill nalural vcgclndon has come m and rcplaccd il. Wc have made a dccision 1o not do Ihc north berm. Mr. Wind replied lhal Ihc reason was. Ihal aflcr wc did Iht lleron. I came back lo Ihis Co~lmlillcc and ~aid based Ulmn ~hal hap~ncd al linc llcron, hcrc is ~11:11 it would rc;dly cost Io do Ih;il area and fix il lo Ibc cxlcni Ihai we had 1o do Ibc tteron The gosI Of Ibc program ovcrrode Ihe rcmoxal of lhosc cxolics al thai portal. Mrs. McCanh5 slalcd Ihal she called Ihc gounly a~ut Ihc fact Ihal xv¢ are not doing Ihc nord~ ~rm and have ~cn [old Ih;mi xxo Icgall}' must bul ~'c are nol going lo bc forced lo do il ulllil il~c dcvclo~rs arc gonc from hcre. All ~c arc doing is delaying a m:~Jor cosdy cxpcndimrc. Wc legally mus~ do it. thc Count} is going [o enforce ~l. Wh~ nol do il I~oxv x~bcn il is less dense [hah it will be Ixvo ~'cars frOlll 11o~'? Dr. %~rlcx replied Ih;l[ his sense ~illl regard Io our vole rcvcrgd xtas Ilia[ ~se xtcre not changing our ~lio' lsl[ll regard lo Ibc Auslralian Pines. Thcrc arc some giganlic ones Ih;il are out on Ihe be:ich which are veo ;mracm'c Io a ]OI Of pcoplc. II t~;IS lily tmdcrslanding lha[ the s}l~lpalhy of II~e Commmcc Tills lO Icil~C I]lO~C SlX plllOS I do IlOt Ihif~k Ibis IIIg{Ifll Iha[ we :Irc tlox~ golug to lurtl our back and uot cver tnkc out another Australian Pi.e. Sirs McCanhx slated Ihat the has ;Iskcd Mr Ward and Mr. Lukas/. Ih;il ~xC will noxs agtcc to III;IilII;HII Ihai area You h;n-e lo tllake a COIIIIIIlllllelll for ~cdling relnoval. You C;Ill Io;IxC Ihose s~x Irces there, but then 3ou have Io have a maintenance program. Can we stall il maintenance program'.' I xxill be l~appy if)ou shy x~c x~dl fired a maintenance program. Mr. t lasson asked if xxe could hear from Ihe Consen':m~' on this issue'.' Ms. Kathy Whorlcy of lhe Conscn'an~' re~fled lhal Mrs. McCarthy is righl. The Auslrali:m Pines do seed red quickly and they oul commie Ihe mangroves. They will lake over. but it will lake :l long lime. If you ~anl lo leave Ihose s~x. Ih;Il iS title, bul )'Oil will have lo lake care of the seedlings. Thc3 tsill gradtmlly ID' to lake over. Mr. }tasson asked NIL Lukasz ho~s much oran effort il would be IO kccp Ihal area clear. 3227 PELICAN BAY ADVISORY CONIMITTEE November 4. I',~'.~X 16Gl Nit. Lukas,,. si:dod Ihat }ou ~ould h;l~,c 1o go up ;md do~n the dune :~rca cllllillg Irces :md slumps and ma}~ do il once :1 }e:lr xsilh Olio person for ;I da)' or Ixvo. Assmning xsc did il once :1 }e:~r :md lhcx did nol gel I~ big. Mr. tt:lsson staled Ih:d :l couple of da}s once :l }e~r d~s not seem like a big expense to six be;mlifid Irees. Dr. Vi~rlc~ asked Sir W:~rd ~f this ;~p~:lrcd a re:fl m:Yor m;;intcn:mcc problem? Mr. W:~rd replied nol ~ilh jllsI thc six rcm:iinil~g trees. If }ou x~;ml Io Ic;ixc Ihcm xxc will pill mainten:ince progr;im m Dr V;srle} sl;lled Ih;d ifx~e ct~l Ihose Irees doxsn, the}' ;ire gone. II would seem to me lh:d not ;in msurmounl;d~lc problem, bec:rose there :ire :l lot of people Ih:~l do I~ke those trees x~h~ch are thc I:~st s~l of sh~dc on Ih;il el~lir¢ ~ilch. ~¢ co~dd I~' il for ;1 ~e;ir or I~o ;md see how big of a problem ~1 re:dl~ ~s Mr. Ward replied Ihill is ~1 rc~son;~blc sohdion. Mrs. McC;~nhy ~skcd if ~¢ conld gel ;~ collllllillll¢lll for ;I iIl;lilllCll;lllCC progr;m~'/ ~lr, W;~rd replied lh:~l ~ould ~ no problem. Nlrs. NlcC;~nhy ;~skcd ~bo~ll Ihe Issue of ifil of Ihc Br;~ziliim Pepper on ~l~c norlh berm'~ Mr. kV;~rd si;lied Ih:H he d~s IlOl relllelll~r Iht retail)ers, bnl he would rcsurrecl Ih:il This ~;~s a I~l¢~lor:mchml o~ ho~ ~o~ ~ould go in :lltd relllo~e Ibc gxOliC m;ller~:lls in Ihe ~Ol)-4i)ll );Irds ~hcrc Ihcrc ~s ;I huge ;Irc;I Ihill Ilccds Io be cie;reed out. Aflcr we finished Ihe Ilcron ~cm b:~ck and took :~ look ;~I ~sh:d ~1 ~ould acm;all)' ¢osl Io l;lke Oul Ibc Cxolics :md Ic:~ve il lh:~l oul Ih¢ ~xolics ;md :~dd pi;tatung m;der~;fls to il. [ lhink lherc ~verc Ihree differenl levels Ihal ~se h:ld oplion Io do :md I Ihink )on chose Io Ic;~xc il :~s d is for righl no~. I ~ill pul ~1~;~1 b;~ck on ~our yo~ would like lo look ;~ il Mr. Yom~g :~skcd if ;~ Iol of Ihal kind ~;is nol ;~ p;~n of Ihc WCI S:dcs Operation? 322M PELICAN BAY ADVISORY COMMII~EE November .1. 199g Mr. Ward rcplicd no. lhat is anolhcr issue Ihal Iht Claridge rcsidcnls have raiscd. I .'l,n talking about thc south end of that nonh ~rm. Mr. Yotmg stated thai somc of that will ~ clcarcd by the developer x~hcn thc property is dcvclo~d. Mr. Ward rcplicd lhal WC[ x~'ill ~ rcquircd lo clear Iht cxolic malcrial when Ihcy pull thc permit lo dcvclop that sitc. Mr, Young stated that ~mc of Ihal malerial is not on our ea<mcnt area and is deeded prol<ny which is oxvned by various ass~ialions. How do x~c handle this. arc x~c going to go in and lake care of Ihcir pro~fl3' for Ihcm7 Mr. Ward rcphcd thief ff3ou make Ihe decision IO do il. )ou haxc IO do lite entire thing. It makes Iio ~i1~ ~vh:llS~x er. either praclica[ly or financially. IO take Ollt ~HiolIs of exolics because ~ hal )ot~ end up leaving t~ill j~sl invade back into Ihe areas Ihat )ot~ cleaned ol~l. Mr Yom~g asked if Ihcre should ~ ~me kind of pro tala assessment made back IO ~ ork done on private pro~)"? Mr. Ward ~cplicd Ih;Ii Io Ihe eXl¢lll lb;Il Ihey are outside of ex~stsng ~x;llcr m;H~agcmcnl areas or e;iset~{c~Hs. ~e ~i~ghl xs;~{I lo lake ;I I~k al Ih;Il ;Hid see ~sllal xvt c;itl do. We have not doric ih;ii past, We have nol rcall3 dc:lit ~flh thc Issue lo Ihe rcs~Cl Ih;Il Ihcy arc Oillsidc of thc X~;llCr Dr, Varlcy suggeslcd that lifts ~ placed on Ihe agenda for our ~exl rcg~flar meeting. Thc recollection Ihat I had ~as Ihat we came up againsl Ihisjust as you said. but the x'iexxing I came up with from that session was Ihal x~e x~cre not giving up on the exolics, We recognized lhal we x~cre going to have [o do a lot oflmblic relations before we gel in Ihere and denuded another area like the Heron. Il was left al Ih;Il ~inl. how arc x~e going to do Ibis. how are we going Io educale and convince people Ihal this is a pr~ess that is going on ;md is nol lhe end of Ihe world a~d ~ill come back and will look better. Mr. Ward stated thai. along x~ ilh the facl that we were jttM gelling intO the CI;llll Bay design arid constn~ction and I also Ihink it was a monelaD' isst~e and xve just did not have Ibc dollars 3229 PELICAN BAY ADVISORY COMMI'VFEE November .1. 199g do il right, l Ihink .~ou ~;mled lo ecl lhrough Clam Ba.s' nnd Ihcn address II~c issue after ~c finished Clam Ba}'. I do uol rcmcm~r ihe ~n~ Ih;il ~c ~cre never going lo do il al all. Mrs. McCa~h)' si;lied Ih;Il she ~'as asked IO bring il up in a couple of rattlings. I had fell Ih:il Iol of Ihcsc exolics ~crc Oll dcxcloi~rs land ;ind I did nol s~;ml lo get sluck sxilh our h:lx '~ rcmoval of Ihe~ ;~flcr Ibc dcxclo~rs left Nlr. W;ird replied lh;~l in Ihe :lre:~s lh;~l :irc currcnll) under ;lclix'c dexclopmcul by developers, lhe dexclo~rs ;~re going in b) Colllll)' Ordm:mce and remoxmg Ibc cxolics as d~e)' develop. The Nlarbclla and Coronado ;irc :iii cx;uupl¢ of ih:il. Mrs. NlcC;irlh.~ si;lied lit;il ihc.~ h;l~¢ noi rcmovcd the cxollcs from Ihose siles. Mr. W;~rd rephed Ihe dc~,ClOlX:r ~s uol lhrough and ;irc %~,otking on Ih:fl. Mrs. McC;inh.s asked if someone is keeping ;m Nit. Ward replied in lhe affirm;lllxe. WCI is developing Ihose slles ;uld Ils¢3 forlhrighl iii cie:using oul Ih;il ;ir¢:l. going m ;md replanling il. Dr. Varle.,. si;fled lit;il lie feels lh¢ bcrlll is a nliljor ~licy issue Ihal ~se h;l~'e Io decide There lho~ Ih:il feel Ihe berm should ~ left ;flone and allow il Io grox~ ;~s mllure xximlcd il Io groxx, There are others ~sho ~s:ml ~1 xsitls palm Irees ;md mo~x grills. This is going 1o rcqmrc ;i 1ol ofeduc:H~on [I is e:~s> for people Io s:~ IO pill ill sod ;llld p;Ihtl Irees ~ jlhoul mlderslimding Ih;il Ihcre are ;~ Iol o1' people Mr. W;,d rephed Ih;il .~ou ;dso haxe lo be ;re:ire Of ~lh;ll is going O~l in Clmll F3;l.~ ;lad the S~ ~'Otl pt~t do~ ;Iud thc more irrigal~(m ~ou piti dox~ll, the Ii,ore wilier ~ou sl;~rt dmnping inlo Cl;un 13;~x Mr. Werncr asked if Nlr. Rc~llig Ihoughl lh;ll die Inilisl ch:mncl could be opened prior 1o nesting se:lson ncxl Dr. Varlc.v si;lied Ih;il lie £ccls Ibc i')l;ul pul Iogcthcr b.,s Mr. Turrcll is gtc:il. II is l;iking :l muds more common sense appro;ich ;is lo x%h;ll xxc nrc going Io do and if Ihcy ;irc going Io I~' lo makc sis do more Ihan Ih:il. thc.,, :irc going lo ha,~c IO think ;Ibou! il and conxincc us rasher Ih:m ils Ir). Io rc-I:nlcls,::lp¢ IIIIII IIIII IIIIII I II II III I PELICAN BAY ADVISOP, Y COMMI'I'I'EE November 4. 199x Pclic:ln B:Jy. To inc. Ihc objccti'~c of ;ill oF this is hove' Call ',~'C reduce Ihc :1111o11~1| 01' xv;~Icr Ih;il goes inlo Ih;~l s~'slem Thc new couple ofd:]xs x~ill ~ :L rc;d problem. We ~'ill imvc :~ 1ol of X~;llcr Ih;ii h;~s Io go I do not ~c Ih:~! Ihere is ;~ big problem in Iht middle of J;mtm~' or Fcbm;~'. II docs nol m;~kc sense lO mc lh;~t ~c keep going back Io Ihc ;lllml;ll ;~cr;IgCS itl thc s~.l~olc )'c:~r. if s~'c c;m reduce thc ;1111o11111 O[ Ih:~! h:ls gone rolo Ih;il s~'slcm b~' ~}0%. If ~'c hnve ~n 1~ inch r:fiuf;dl one d:~y il is going lo screw Ihings i~p. ~o mailer ho~ much ~ou ha~e reduced il lhe resl oflhc ~'ear. B) LONG RANGE PI,ANNING Mr. Wcrncr re,ned Ihal Mr. ~ro~%n is slill kcepiug in Iouch ~ilh Ihe Property O~ners Ass~i;mon ;md N;~plc~;~. I scnl ;~ loller oul lo our Counb' Commissioner. Tim II;mcock ~h;li il is ai~d Ih;~l Ibis is o1~ our pi;lie 1o ~ kepl ill miild ~hen Ihe decision is m;~de :is Io ~h;ll kind ~1i~' Ihe Colml~ ~;mls Io h;~ e ~ ilh rog;ltd Io Ihc m;m~lcn;mcc o~ Ih;~l I;mdsc;q)cd mcdmn. Nit. Ilschner si;lied Ih:il he promised ;I re~ Ih;il b;Isic;llly summ;irixes ;dl oF Ihe m~pro~ed uuimproved ro;~d~;~' medi;ms In Collier Counb' ;md %~ho mainl;fins Ihose medmns. AIl;~ched is ;~ more dclmled spre;~dshcc[ Ih;il h;~s quile ;~ bil of reform:ilion. [1 is inlended Io give ~ou ;~s much informnlion ;~boul Iho~ sections of rmld~;a~s, from ;~ ~in[ 1o a poml. ;md lhen ihe lcnglhs, lhe lh:H do Ibc m;m~lcmmcc. Ihe sc~'ice level m~olved and lhe fimding source involved. I h:~e prmidcd ~me fired mamhcrs For ~our com'cmea~ce Io sec ex;icll~' ~here lhe fimds come From. If ~on h;~xe queslions. ?u c:m c:dl ;md I ~ill ~ gl;~d Io ;ms~cr Ihem for ?ou. Mr. Werller asked lhe :~ver;~ge cosl ~r mile'? Nit Ilschucr replied Ih;il il is aboul ~45.1)(H)-$65.01)1) ~r mile ;mini;ally. ~or mmnlcn:mcc. dc~nds upon Iht bl~ of pi;rulings iu Ihe medi;m, ho~ orlon il h;~s Io be rcphlccd, cie. There is ;lll;~chcd lh:~l dclme;~les :dl of Ihe I:lxmg dislricls. Those I;lxes lh;~l :ire r;~ised x~ilhin [h;~t Dislricl ~ilh s~cific purposes ;lre ide~lified b~' Ih:il fired, There is ;dso ;~ m:~p ml:~ched which Ires been color coded Ilml sho~s cxislm~ I:mdsc;~d are;~s, lho~c under eonslmclion ;md Ihosc m~dcr prescnl Counb dcsig~ Mr. It;Issoll sl:lled lhal il ;~p~;~rs lo hhn Ih;~l Ibc Counb' docs nol p:~y for ;m~' or lhe projccls II1~1J111¢11;111CC-~', ISC. 3231 PELICAN BAY ADVISORY COMMITTEE Novembcr 4. 199,g Mr. llsclmcr rcplicd Ihat Ihcy do. As far as lnail~lcl~ancc fimding. Ihc.v ;Ire fimdcd lhrough the MSTD's. Mr. Pircs explained Ihal thc Board of County Commissioners is thc governing Board of MSTD's. Mr. ll~lmcr explained ihal Ilol all of Ihcsc MSTD's haxc a scparalc ~oard. A lot of lhcsc arc road dislricls. Thc road dislricls arc taxing districts crcalcd by thc Coital)' For xxhich taxes arc raised lo ~llCfit thai p;l~lCUl;ir toad dislricl to III;lllltalll thc road SySlClllS. cIc. iii Ill;il p;irllcul;ir dislrlCl, Mrs. McCa~hy Sl;lled thai il ap~ars Ih:il Ihc Cotllll}' is iIOl prescmly paying For maint;fining of lhe allraclivc mcdmns Ihal arc in our Cornel). No( MSTBU's or an)lhing, oul of Cotmly money. Mr. Ilsclmcr asked, om of General Fm~d moneys? The ansxscr is no. Mrs. McCanh) slated Ihal Iht rca~li she i$ n~king is Ih:il ex'c~ prescott:ilion Ih:it I have Il:is al~sa)s slalcd Ihal Iht Counl) is going Io ~ pa~ing for risc IllailllCllilllCC of Ihis. This is a surprise. Mr. Pitts explained Ilml xshal pa~ of l]lc collfilsioll iI~lglsl t~ is Ih:il Iht Count) has a General Fund and Ihal ~s nol x~ls;ll Iht)' :irc pa)rog oul of. Thc Col~lllF is pa)iltg il o~11 oflhe MSTD's. Mrs McCarlh) slalcd Ihal is jusl gl)lng ihc lax pa)c~s arc doing il. Wilh Iht General l:m~d eye, one is pa)mg for Mr. Pircs replied lhal Cotlnly is pa)lng f°r it ihro,gh Iht MSTD's. Mr. Wcrncr stated thai Ihe MSTD's mcan that Iht illOllC)' is COtlllllg rrolll thc rcsidcnls and Mr. ll~lmcr explained Ihal Ibc Cot~t~l) has crcalcd d~slricls ;md ~hich Ihc road charactcrisl~c~ ~re diffcrcttl ut each of Iho~c dlslr~cls ired rise dcm:md for sen'icc ss di~crcnl based on rise road characicrislics. Some ma) nol lmxc mcdi;ms alld il Iol of lhe medians x~c arc mainlaining arc jtlsl ~lrcas. Mrs. M~C;lflh) Slalcd Ih;il i~l HI;Iii) ~lCCll~lgS ii h:ls l~c~l sl:llcd Ih:il IbC Coul~l)' x~ ill I~t:mtlai~ Ihis ifxsc pay for il Ilp from ~s nOl acc.ralc. Mr. ll~hncr replied Ihal xshal has occurred lit Ihis poinl in Itmc ~s lhal xxc have agreen~anlS Municipal Taxing and Bc:mlificallon Unils such as Bayshorc which was rccendy crealcd. They arc 3232 PELICAN BAY ADVISORY COMMI'FT'EE November 4. 199.~ cre;llmg this I;~xing mul ~hich is going Io bc laxing lhemsch'cs for iht long lerm mainlcn;mcc of those improvcmcnls as x~cll as Ihcir c;~piml improvemenls. Dr. Varlc) askcd if ssc ~scrc lo ~:mlify U.S. 41. IbC Counl) would maismfin i~. bul Iht Cotllll)' Mr. II~hncr replied Ihal al this ~int in time thc Ts'ay it is structured. Ih:ti would be Mr. ll;~sson ;,skcd Isox~ )ou gel 1o ~ part of linc m;m~tcnance filnding? Mr. ll~hncr replied Ihal for ex;staple sse have indicated FDOT as ~l~e m:m~aining agent' Ibc ~'icc I~'cls are idcmificd by unimproved, and improved I;md~aping. FDOT is ~l~c agency mninlains iIIcdi;sl~s o~1 slille roads. U.S. 41 ~s a SI;Ile Road. and lhcy maimain Iht median arc;~ on U.S. 4 I. We also conlr;~cl xs ifl~ FDOT to provide Ih;~l ~'ice for Ihem. Mr. llas~on sI;llcd th:Il is ;i SI;tlc Road Ihen sshy would lhey not m;fin~ain from Pine Ridge ~o V;mdcrbilt Road? Mr. Ilschncr replied Ih;il is ;i SI;lle Road. bill Ihcy do nol m;liltl;lln mtproved I;mdscapc Mr. Itasson asked ~sho m:ms~aincd Ihc ~clion on lhe ensl side of U.S. 41 from Pine Ridge Ro:~d Io V;mdcrbill Beach Ro;~d" Mr. Ilsclmcr replied th;fl hc ~ould assusnc Ih;~l i1 is rise homcox~ncrs ;~ss~i;~lion of Pine Ridge Collier Counl)' ;md FDOT d~s nol do i~. so il has Io ~ Iht homeo~ nors Mrs. Oblc) asked if Iht ro;~d Itllpacl fees p;~id by new residents is only Io cover ncx~ road conslmCliOn ;md no I:mdsc:lpmg? Mr. llschncr replied Ih;it is corrccl and is vco' slricl and governed b)' lax~. Mr. C;~rroll ;sskcd for ~l~c schedule of Ihe U.S. 41 xsidcning? Mr. II~hner replied Ih:~l he would provide Ih;il Io yotl al Ihe next meeting. Mr. Wcrncr si:fled Iha~ Ibc lasl x~c had heard it was to begin ncxl summer. Mr. Wcrncr asked if Mr. Ilschncr h;~d submillcd Io FEMA for fltc cost of removing thc sc;s lt:~s lhal been done" Mr. llsclmer replied lhal Mr. Ll~k;IsZ has worked wilh our people on Ih;~l. 3233 PELICAN BAY ADVISORY COMMITTEE November 4. 1')9~ ' :: · [,. Dr. V;irlc.~ asked if our beach &~as going to be donc? M~ WER~ER LEFT TIlE MEETING AT 4:2~ P.M. Mr. Lukasz replied Iha[ thc bulk of thc ~3 gross has bccn picked up and Ihcrc is just some additional ~a weed Ihal has come up on Iht ~;ICll. Dr. Varlc~ si;fled Iht no~h end has never ~en touched. NIL Lukasz replied Ihal there xxas a lot more sea grass o,I there lb;in there is Mr. Ward si;hied Ih;It x~e x~ork with anolher depamncnl under Mr. [Ischncr's control. We call inlo them right now IO ~e x~bat is going on arid if~xe can get tbcm back out here lo help a liltle more Dr. V;irlcy asked if all of Pelican Bay Beach has ~cn done. north and soulh ;llld ;ill that Ihex going to do. :s Ih;Il corrccl'~ NIL Lukas~ replied thai the bnlk of it has ~en done, Nlr. Ward replied Ibc3 haxe done a m;Uorily of the x~ork out Ihcre x~hich is cons~slcnl x~flb x~hal Ihey have done ~il[i Ibc rest of the ~aches Ihrot~ghout Collier Cotmly. Dr. Varley asked if ~'c gel invoRed in Iht U.S. 41 median hmdscapmg Ibc way ibis ~onld ~<ork is. if things don'l change Ihe Cotmly conlmncs to provide Ibc manpox~er and eqnipment, is there some ~:13 the Comet3 ~ould lap thc NIST~U Nit. Yonng replied no. ;~ NISTD ~s not [he NI~T~U. Thai is ~here cxcz~bodx ~s confnscd. Mr Ilschner explained Ih;~ the ro;~d dislricls were crcalcd for ro:M matnten:mce pt~rpn<s x~ould be a diffc[cnl flcm o~ 3our I;~x bill Mr. Ward si;fled Ih;il Olle of Ihe ~heels m 3'our package defines the limils of thc Nhmicipnl Semites T;i.xlllg Dtslrlcl itself. You are m NlfiTD 2. x&hich is Fund Io3. so ~l ~s well ~3ond lhe limits of Pelican Ba) and x~hich g~s out Io Cotml3 Road 951. Whatever mainlcn;mce is done b3 Ftmd I{~3. the Fund IO3 MSTD paid for Ihal Ihrough a separate ad valorem lax on your tax bill. I would assmne Ih:it X~llh U.S. 4 I. th:Il would probably get pul inlo MSTD 2 Fund 1o3 and Ihal cosl ~xould Ihen be borne b~ all of Ihe MSTD 2. Fm~d Io3. of ~ hich we pay a~ul one-lhird. Dr. Varlc3 asked ~s MSTD 2 the ~,ne as Fund 1o37 3234 PELICAN BAY ADVISORY COM~IITTEE No'~'ember .1. 199,g b. lr. ilsclmer replied Ihe fired Is just :m idcnlifiable fired for ~ISTD Dis~ricl 2. x~hich goner:lies Ihosc monies ~lnd ~ hich arc pul inlo il Fund called 1o3. Nit. C~lrroll Sl~ilcd th~ll %ISTD 2 covers a Iol more ;irca Ih~ln Scilgillc Drive IO V;mderbih Dri~c. would Ihcre ~ some xs~l~ il ssould ~ aclually reslrictcd Io Ihnl are;~ or would Ibc x~ hole S1STD :iron have IO pay for Ihe lhrce mdc sirclch'~ Mr. ll~hn~r replied Ilu~l funds gencHiIcd in MSTD 2 is like going .ilo Fund 1o3. and Ihcn projects arc csl:~bllshcd in Ihat fo:Id dislrici. Th~ nrc prim~rilF road m:fin~cnancc funds ~hich lire pul Ihcrc prim;irily for. nol ~illllifiCilliOII ~[Id mainlcn:mcc of ~autificd mcdi:ms :sl all. Those fi.~ds arc nol dcdicalcd for Ils:il pu~o~. Nit. Carroll asked ~shcrc fllc fimds would corec from? Sir. llsch.cr rcplicd Ih;d ~c h;Isc ~ol csl;~blishcd Ih;il sol~rce. We ;~rc prcsc~Hl~ H~ iht process now I~'ing IO m;~kc dclCrlllltl;lllOllS o~ ]loss lo hllld lilt III;IJlI[{II;IIICC O~ IIIcdi;lll be;IHlifiC;lliOll I]lroHghotll linc Coum}. Whcflser II~;l~ should ~ done b} file SISTD ilpproach tsherc xsc simpl} ildd ;~ I}Cl~l~} to Iht ~ax or Ihc mdl;sgc or xslullcser ii mlghl ~ for Ihal pls~ iii c;~ch of Ibc fo;id dislricls or sonic olhcr mech:mism Ihnl s~c oughl Io Cml)lo). Our si;iff is probabl)' 50% complcle in Ih;H process. We did Ihroughou~ Fiorid;~ ;.~d tl~¢ solllhsscsI i);1~ of Iht Uniled SI;lieS lind xsc hope 1o bcm ;~ t)osllio~ x~iflfi. Iht xl IlilICI? (91J) lO OIIC hundred lliClll~ (J21)) d;l}S IO work with members orthc co~nmunitv ~xilh ;I cilizc~ls mmillee appro:~ch lo reviex~' Ih:~l d;llil iH~d IJlRI! Iil;ikR ~o111~ recommend:dions. A Iol o~ Iht :~ng m;fint;~ined righl nos~ arc ~mg m;~intained in Municipal Sen'ices Bcnefil U~its on,Hies Ih:H h~ve crmlled for tha~ purpose and ;dso b) devclo~r agreements. Mr. Young sl;Hcd Ih~l x~c are ~11 fimiiliar xvilh Ihe landscaping Ih;H Il;is rcccnllv been done ndcrbill Be:~ch ExlCHsion AHI I correct in saying Ih:il lhR maintenance of Ih;d landscaping ~s ct~rrcntl) inn p;~id rot b) ibc NISTD 2 under Fund Mr. Ilschn¢r replied Ih:il Ill~ ~:lUllficd ~flion of Ih:~l project is being m:li~tilincd b) WCI. Thc lion in Ihe Incdi;lll Ih:~l is unimproved is ~ing mninlnined by Collier County fl~rough fl~e ro:~d dislricl. iai is x~h;~l is confi~s~ng :lboul Ihis. We have a Ioi o~ medians float are unimproved for which il is · l 6Gl,m PELICAN BAY ADVISORY COMSIITTEE November 4. 19914 approprmtc c.xpendilurc in Fund 103. or ~slmlc",'cr Dislricl tirol ro:~d scgmcnl is in. I[ is mo~ing of linc gross mcdmns. When xse gel mxoh'cd in thc bCm~lific;]tion effort. Ihcn Iht mainic]~;mcc o~ Ih:il bccon~cs problem;mc ns Io xsho d~s il ~md il il;is nol becll hisloric:fllv one lh:~l is done by Iht CounlS. We x~orked out dcvclo~r ;Igrccmcnls &sill~ dcvclo~rs, etc. As xvt co~lizluc with this c~on and co]llinuc Io groxs and cxpm~d Ih;~l is goi.g Io be :~ rc:fl m:gor i~siJe Th;il is Ihc bulk of Iht cosl as~d developers arc nol going to ~ ~silling Io conlinuc Ih;~n on ~or ~r~luilS. Th;~l is ~shcrc ~&'c :~rc going to have !o make some decisions. Mr. lto~l asked iflho~ p;~rccl on Vandcrbill :~re under conlr:lcl Io do Ihosc? Mr. llschncr replied Ihal WC! is obligated Io do th;il Mr. Ward explained lh;~l Ihcrc is ;~ community' dcvclopmcnl dis~ricl Ih;~l ovcrl;~Fs Pelican Nlarsh Ih;~l Is Ill;lilll;llmllg lh;~l ;IrC;i ;md ;Ihho~gh ihcrc ;IrC nOl form;il agrecmenls, risc DiSlriCl has l:~kcn Ihc rcs~ns~bdil) of Iht m:~mlCll:lllcc of Ih;Il ;Ire;I ;dong Ai~n Ro;~d from Ihc b;~ck o~ curb Ihal abatis Pclic;in ~l;~rsh. Thc ~lnlc :is ssh:ll )ou ;ire doing ~sil]l U.S. &] ~rlll. Sir. Wcr~cr cxpl:llncd Ih;~l ir ~sc lind Iht illllC I)~ or,grot,lcd, :is ~lll~ Immok;dcc Ro;~d svc do U.S 41. lhc N1STD ssould help p:~ ~or Ihe m:~i~lcn;mcc o~ Ih;~l. Nlr. Pitts :lskcd if Mr. Ilschncr did IlOl h;IsC n timing chinch ;]lso bcc:]l~sc of Iht bl~d~cl process sfnning in April'.' Nlr. Ilschncr replied )cs. ;~clu;tll~ Iht B&~dgcl process st:~n~ n, l:cbru:~ ,%fr. Pircs sl;~lcd Ih;il Ibc dclcrtt~tn;tllo~ Io be m:lde is x~hcthcr lo sncrcasc lhe mill;)ge r:~tcs in thc MSTD's or come up x~ ilh i~ diffcrc,~l fimding ~orm~l;i needs Io t~ m;,dc ~]s Ih;ti process is started Nlr. llschncr :sgrced. Dr. Vi~rleF sl;~lcd Ih:il Mr. llsclmer's program is aimed :,tnmking Ihis more comprchcnsix'c T~'ilh more eq,mlil) limn Ihe litlle p:,lch xsork Ih;It i$ ihcre ~Ir. Ilschncr replied Ih:it is correct. ~se are IDing io get ~xxs;~)* ~rom CUlling deals and come t~p ~vilh :] comprehensive xsa) or finmtcing lhe ssork. We :Irc I~'itlg Io gel il get lip Ibr Ih~ pr~ess so IIs;tt Tsc c;tn m:lke Ihosc prcsenl:tlions ~1~ p:~ o~ lite budgel process Nm'ember 4. 199~ ' Mr. Hasson asked Mrs. Oble.v ns rcal cstalc professional, if Ihal landscaping ~ould h:nc impacl on Ibc vnlucs of Pclicnn Mrs. Obit}' replied Ihal i1 d~s Bol righl now. bul will probably cvcnmally have an cffccl. People like Io have Ihe prelly enlrance along Ihe higlnvn}'. Doxx'n Ihe road ~x'hen Ihey see more of lhe Collier Rc~n'cs and land,aping on Sca~le. Mr. Young slated lhat he feels Iht Naples I:mdscapmg has dcfimlcl) mq~roxc Napl~. NIL Has~n slated that he d~s 11ol consider U.S. 41 Pchcan Mrs Obit3 replied it is 3our front d~r. Mr. }{asson replied il ma3'~ m3 front d~r. bul I think Ihe l;md<apmg m Pclic;m B;~) ~;~ks for ii,If. II ~s ~;mlifid II d~s I101 require all} addilional I;ixcs Ih;m ~c alrcad3 haxc Thc State o~ Ih;il righl~f-~a3 and Iht3 h;nc Io ha~c ~mc kind of rcs~ns~billl) I Ihlnk Ibc Count3 Il;Is IO h;lxc some kind of rcs~nsJbilil3. I for one object Io laxing Pelican Ba3 rcsldcms for m;imlC:t;mcc for c~cr think Ihal ~ollld ~ a Icrr~ble burden for Ihe laxpa)ers of Pelican Mr. P~rcs d~sagrecd sa3mg Ihal ;I home m Pelican Ba3 and a home m Pchc;m M:}rch. Sl.{}oILo{~{} pa) Ibc same lax for Ihe ~lllle road~ay program, since ~1]1 are in the MSTD ~ilhi~ that dislr~cl pa)s whether q is a $1.o{}o.1}o{} residence in Pelican Bay or Collier's Rescale So Ihc~ arc pa3 lng for other areas, NIL Ilsclmer explained Ih;il ti is iml~fl:ml lo note that a majoril)' of Ihe tim(Is Ih;Il are generated lhro~lgh I;iX;lIIOll are going for rotlHnc 13 l< road Ill:lllllellal~Ce ;md IlOl l~r bc;mlil~c;iHotl I) Dr, Marie3 Slated Ihis would nox~ ~ spread over lhe entire district . not j~sl Pelican Ba3 The discussion has gone magically from lhe County doing all of the ma~nten;mce to no thc3 are nol. xxe are going lo pay for it ;md now ~xh;li )oil are ~)'ing is Ihal neither of those are r~ghl, it is so~ of in bclxvccn, There is a road dislrict thing. Mr. IIschner replied lhat road dislricls have ~en in exislence for a long time. PELICAN DA',' ADVISORY COMMITTEE Novcmbcr 4. Dr. Varlc.~ agreed, sa)lng lie did nOl undcrslnnd Ihcy ;tre pa.~lng for Ibc maimcn:mcc of Ihcsc mcdians. So a larger gro,p Ihan jllsI Pelican ~ay would be pa~ing For Ihe mamlcnance, bill iioi Courtly. Mr. Ilsclmcr explained lit;il Iht cnlirc arca of a road dislricl x~hich mch~dcs Pclic;m B;,> ;~rc nsscsscd an ad xalorcm lax for purposcs of gcncr;llillg funds Io m;mtl;tin ihc roadssa) syslcm in Ih;ti dislricl. Th;il is Ihc p,rpo~ of il. Mr. itasson si;tied Ih;il if ~c decide IO go ~vilh it altd if ~c decide IO go ~ith Ibc Ill:lilllCmlllCC. hnvc lo knm~ ~hal area ~e are going Io ~ able lo I;Ix. Nit Ilschncr replied Ihal mtder Ibc prc~m roles ~o, ~o,ld be amc~dmg bout NI~'I'I~U Io mcorporalc or cltcomp;Iss US 4 i ired Ihcn add Iht ;Iddil~o~;ll millage Io I;~kc c;irc (ff Ihal. Dr. Varlc> Slalcd Ih;il ] Ihoughl ~h;ll }oil ~crc ~l)'illg ~;is Ih;il ~e ~ol~ld pa> For i)lllling Ibc mamlcmmcc of ii ~ould ~ absorbed b) Ihis fired IO3 Mr. Ilsclmcr replied Ih;il [ alii S;l)illg Ih;mi dclCrlllill;lliOll II;is iiol bccll Ill;ldo :Il Ihis poinl. Thc cllrrcnl policy ~.o, ld r~qHirQ Ih;il )o~1 cr~;ll~ all MSTBU IO Jilcorpor;llC I11~ ;~r~;I Ih;il ~Oll ~;llll Io ~ll;~kc Jlllprov~lllClll ;llld ill Ibis c;Isc )Oll ~ould Jl;IV~ IO cXp;llld Io illCOrpor;llC Ih;il .~rc;i. ¥Otl ~o~ld Iii;ikc Iii;il Cal)ilal i~ ~Sllll~lll ;llld )'Oil ~ould cslablish IbC ;llllOlllll Of millage ~cccs~;~g IO IH;ii~H;iHi il mcr MRS. KIIEIGII LEFT TIlE MKETIS8 AT4:~5 Mr tl;~s~on ~lalcd )ou ;irc I;llkillg ;ii, ill lJdic;m B;I) Ihcn. and nol Fm~d Mr II~cJlli~r M;IIRd Ih;il J:lllld JlJ~ ~[Otlld I10[ IJl~ll ~lcp ~11 ;~ll(I M;IrI Ill;lllll:lllllll~ ill;Il IllCdl:lll IIIl(l~[ Ihc currcnl r,l~s Wh;fl ~ ;irc heading lombard is Ig'mg Io dclcrmmc a mclhod b) ~hich Ih;~l pi;icc. We do I~oI k.o~ ~ll;ll Ih;H IllCCh;llll~lll ~ill E ;Il lhJ~ poi~H, b,I ~c :~rc Igillg IO crc;lie nol ;I h~gc ~c of d~ffCrCl~l I}]~s of ;Igr~lll~lll~ IJml cvcgonc c;m m~dcr~l;lnd and ;~?cc conccpl. We ~n~ ~on IJlR c;ipll:lJ ili~C~IlIIRiiI 10 sIJJJ ~ b~ (JR~ elopers, b~l Ibc lo~ Icrm III;IIIIIRII;IllC~ Mrs McC;mh> ~l;lled Ih;il J[ Ih;il IS Ibc case. IJlc Cotllil)' i~ gOJllg lo ]tJlVC lo ~cl IcJJillg IJIcIll ~1]131 IJko) C;111 pill II1 IJlOSg I!1CdJ;lllS. 323g PELICAN BAY ADVISORY COMMITI'EE Novcmbcr 4. 1998 Mr. Ilschncr replied Ihal ,,sc ;llrcady do il Ihrough the slrcclscflpc maslcr plan. Mr. Broxsll asked Ih;il Oil Salurday and Sunday s~hcn Ihc Pclican Bay Scn'iccs Dixision is out mosving thc grass and culling lhc tress on thc median, arc x~c paying lime and one-halF? Mr. Ward ~cphcd Ihat x~c btldgcl 50 hour x~ork x~ccks for our si:iff ;md Ibc l() hours arc paid lime and one-half. Mr. Brox~ n asked if Ihai XSilS Iht lllosl cconomical ~v;~y Io do it? Mr. Ward replied that is x~hal xvt ha~c dclcrmincd, h ~xas less expensive than hiring addilion;d ~oplc and il also allm~cd for longer ss'ork da)s and longer ss'ork ~ccks. so xvc got higher prod,ctivit) out &our cxislmg pcoplc Wc havc bccn doing Ih;il for a mmlbcr or>cars ,m, :.,d il has ~ol'kcd ~cl5 ~cll. Mr Bro~ n ;iskcd if Ih;il ~as prc~;dcnl Ihrooghotfl Iht Count)? Mr. Ward rcplicd Ihal he did nol kno~ if il ~'as prcvalcnl Ihroughoul Ihc Counly. [ usc il Pelican Ba)' lo mcrca~ producllxil~, gel thc job done ~'ilh less i~oplc and make Iht cmplo)ccs ;~ ]illlc happicr. MANAGEMENT CONTRACT G. I.. MOYER~ P.A. Mr. Ward explained Ih:Il Ills firm II;IS ~Cll fO~llll;llC enough IO s~gn ;m agrccmcnl uhcrc ~c arc ~mg purch;lscd b~ ;m inlcrllal~ol~:ll conli):lll) c;dlcd Sc~crn Trent Em irolmlcnl;ll Sc~'lccs. lilt Thc~ a billion dollar comp:m> ;md Im~c II}.HI){I cmplo)ccs uorld-uidc and 1.8{}o people hcrc in [he UilllCd SlalCs. Wc have sigl~cd our agrccmcnlS :md ha~c aclually closed thc dc:d al lifts poml m lime. [ con~(Icr il a g~d Ihmg :md thc> sccm Io bc :l ~c~ good comp;m5 ;md I look rom:mi Io bcmga i);~rt o1' ;i good company and I look fom'ard to Iht oppo~tmilics that arc ~mg provided Io iht people Ih;ll xxotk for They have indicated !o us Ih:Il thc)' m~dcrsland and rccognixc Ih;il ~c have prol~ssional scniccs COnlr;iclS ~ilh all of our clicnls ;md Ihal there ~s no inlCnt lo remove any of thc individtmls Ihat arc responsible for any of thc con[r:lcls Ih:il ~c haxc. You ~&ill slill sec mc here. To Ibc extent lhal yotl do~l'l wahl Io. tho~ arc dccismns Ih:~l ~'c can all make in Iht fiflurc and you have thc righl of tarminatmn ul~dcr cxisling colllract, hi order 1o accomplish Ihal. Severn Trcnl has required alld x~c h:lvC rcqmrcd Ih:ti those existing COnlracls ~ assigned Io ollr llCW firm ~&ilhoul any change x~halsocvcr in thc terms and conthtions 3239 PELICAN BAY ADVISORY COMMITI'EE November 4. I of the conlracl and Ih¢ Resolutions Ihal I have prepared for Ih¢ Board of Counb' Colnmissioners consider:iliOn indicale x~ hal Ihc ICrmS of IbC Imnsilion ~ould ~. Mr. ltasson asked if anything at all would change? Mr Ward replied that thc only thing that will change is Iht ri;linc. Mr. Pire.s' mos'elL sectmded ,Sir. lind fUll,roi'ed untttdmnu.s'(r Ilto'l tt~ ttpl~rttre and recommet~d lhe Re.s'olulltm ~tr the ttssig, mnenl t~ the (L L. ,$/t(l'L't, P.,,I. ctmlrttcl Io .Yerert~ ITenl Ellrirolltt~et~ftll ,%rrice.s'. Dr. V;trlc,x ;tsked Sir. Ward Ihal lfdox~n Ih¢ road he fell Ihings x~crc going Io sl;~x lhis ~x;~x or Ihis comp:m5 marching m a slighlly different direction'? Mr. Ward rcphcd thai ~c hglxc It:id ;I lot of suitors ask Io acquire our firm mcr thc hist tx~o and xse Jl;ix¢ csSRnl~;fll~ said no. x~e arc not mlerCsted. The reason Ih;il xsc chose ficvcrH Trcnl and IhCx chose us x~as bec;rose of lilt philo~phical and ideological conccpls Ih;il Iht) h;ne and Ihal xxc haxc h:lxc a xeD slrong ideological COllllllilllI¢lll lo our cJi¢lllS ;llld flexeril 'rrc~ll J]ls IJl¢ l)hilosoph3 Ih;it has ¢ in O~filllllg OI1[ business. As a resull oflhis ~se cho< IO do lifts and il prox ides opporltmilies for our firm lo cxp:u:d beyond Iht ~l;llC of Florida ~shich sse do ilol h;iv¢ IJle ;Ibllil~ Io do iio~. I Ihmk Ih:il ~ uscful for us m ~l~c JOllg Icrnl I Ihmk )ou ~ill see cxaclly file same business philosoph3 as xsc mine Dr Vilrl¢} SI;lied Ill;Il J}~ IJlC II;1111~ Il SOIIIIdS ils if IJl~) ;ire IiiOI¢ IlllO Cll~'irOlllllClll;ll IJllllgS [)O lhc)' ha~c oj~ralmns hkc )ours ~hcr~ Ih~) manage commtmil~¢s like xou arc doing7 Mr. Ward rcphcd Ih;il Ihmr j}lilll;ig buslllRSS is i~1 Ihe ~;ll~r ;uld x~;islcX~;llCf, iiIilil~ opcr;lllOll They nm ulJhly fi~ciJillcs around Ihe ~orld Cl~rrelllly in Florid;i. lhcir mil) opcr;lliOn is in Lee Coral x~'hcre IlIR) oper;~le tho Lee CoIIIll) ~V;IIR[ ;llld ~V;ISlC~;llRf ~;IcJlilv ami Ihe rcccnl ;~cqtHsilion of Iht Grill' glilily S)SlClll. Th;Il is Ille primag' f~us of lheir btlSJllRSS. Ollr expcrlisc is re:ill) admimslr;mxc Ill;lll:lgelll¢lll. fill:lllCJ:ll Ill;lllagClllelll ;llld IhillgS of Ih;il iI;llllre ill x~hal ~e do for a living. Dr V;t~lcx ;~skcd ~flhc~ had not prc~ou~ly J)¢ell doing xlll;ll )Oll do ;lll(J this is ;~ ncx~ V~lllllfC for Ihcm7 3240 PELICAN BAY ADVISORY COMMITTEE November 4. 199~ Mr. Ward replied )'cs. this is a new vcntnre. ADJOURN' There bcmg no further bvsincss, thc mccling adjourned at 4:30 PM. Dr. Alan Varlcy. Ch:dr.mn 3241 6 TO: FROM: DATE: SUB/ECT: Pelican Bay AdvisoD' Committee James P. Ward June 25. 1998 Berm and Swale Maintenance Program I have attached for your review and consideration, an analysis of the Berm and Swale Maintenance Program for the berm benveen the developed portions of Pelican Bay and the Clam Bay s3'stem. The analysis is intended to identify existing service levels for the berm. along with three additional levels of restoration, along with the maintenance program requirements for these restoration levels. Adding additional width to the berm in Systems III and IV is being cvaluatcd and will be reviewed with you at a later meeting. If you have any questions regarding this matter before our meeting, please let me know. Berm Area - Swale and Retention Area Maintenance Expanded semice- Budget Costs Berm & Swale Maintenance North,Berm 8.28 Acres Soutl~ Berm 5.45 Acres Total 13.73 acres This area consists of the paved area of the berm and the slopes and swales to each side. It's proposed that the level of maintenance, except for some additional removal of debris in the swale, remain relatively the same as listed below. However the width of the berm will be addressed in an additional outline. Current Service .:~ ~ Mow Grass - Bi-Weekly in growing season, every 2-3-weeks in dormant season Chemical treatment every 1-2 weeks Aquatic plants cleaned 3 lime annually Funds Budgeted Within Current Budget Swale slope maintenance annually Expanded Service Level Remove stick's, debris quarterly All olher lasks performed at current level of service $ 2,500.00 Berm Maintenance Page 1 South Berm Retention Areas Non-ACOE Jurisdictional Area 14.71 Acres ACOE Jurisdictional Area 1.41 Acres Total 16.12 Acres South Berm Retention Area is the Water Management retention area on the east side of the berm from The Registry to The Commons as identified on the print. The following is an outline of the current service level, and an expanded service level with three levels of restoration, and a restoration maintenance program. The three levels of restoration are as follows: Level I Cutting and removal of all vines. Level II Removal of dead and live nuisance trees and branch's. Level III Removal of all underbrush and undesirable vegetation and replanting with aquatic and ornamental plantings. Current Service Level Remove Brazilian pepper and Melaleuca Chemically Ireat re-growth of pepper and meleulucia Selective removal of dead trees Prune back encroachment of vegetation Io berm on both east and west side annually Prune encroachment of vegetation from eastern edge of retention area into condominium landscape as requested Expanded Service Level Restoration Levels Level I $ 15,974 Level II $ 42,708 Level III $158,317 Total $ 216,998 Funds Budgeted Within Currenl Budget Restoration Maintenance Program Requirements Chemically treat area for re-growth quarterly $ 4,704 Quarterly removal of vines branch's $ 2,352 Quarterly removal of all undesirable $ 4,348 underbrush (weeds, dead sticks, twigs etc.) Quarterly cleaning of plantings $ 6,577 Total $ 17,981 Berm Maintenance Page 2 North Berm Retention Areas ACOE Jurisdictional Area 23.26 Acres The North Berm Retention Area is the Water Management retention on the east side of the berm from The Commons to the North Tram Station as identified on the print. It's being divided into two areas for the purposes of the restoration program, from The Commons to the Sandpiper Swale and Sandpiper Swale to the North Tram Station. The restoration costs for the northern hall' will be coordinated with the developers and therefore no cost estimates are included for this area. The southern half of the north retention area is divided into the same three levels of restoration as the south berm retention. It's important to keep in mind that any restoration to this area including the exotic removal will leave this area like The Heron, and therefore unless it was to be left in that condition would require the completion of all three phases of restoration. Current Service Level Remove Brazilian pepper and Melaleuca The $30,000 budgeted for exotic removal for this fiscal year was originally intended for the completion of the exotic removal on the south berm. When thai porlion was completed with FY 96/97 funds the money budgeted FY 97/98 was to be used for the north berm exotic removal. After recent conversations with contractors only a portion of the exotics in that area can be removed for the $30,000 budgeted, therefore these addilional funds are being estimaled. Selective removal of dead trees Prune back encroachmenl of vegetation Io berm on both east and west side annually Prune encroachment of vegetation from eastern edge of retention area into condominium landscape as requested 70,000 Berm Maintenance Page 3 Expanded Service Level Restoration Levels (The Commons -Sandpiper Swale 10.93 acres) Level l $ 1.040 Level II $ 17,334 Level II1 $ 200.352 Total $ 218,726 Restoration Maintenance Program Requirements Chemically treat area for re-growlh quarterly $ 3.189 Quarterly removal of vines branch's $ 1.595 Quarterly removal of all undesirable $ 3.189 underbrush (weeds, dead sticks, twigs etc.) Quarterly cleaning of plantings $ 6.379 Total $ 14,352 Berm Maintenance Page 4 The Commons Hammock Area ACOE Jurisdictional Area 1.97 Acres This area is the Hammock Iocaled adJacenl to the tram road that runs along the west side of the property. Current Service Level Remove Brazilian pepper and Melaleuca Chemically treat re-growth of pepper and meleulucia Selective removal of dead trees Prune back encroachment of vegetation to berm on both east and west side annually Prune encroachment of vegelation from eastern edge of retention area into condominium landscape as requested Funds Budgeted Within Current Budget Expanded Service Level Restoration Levels Level I $ 2,165 Level II $ 7,216 Level III $ 6,871 Total $ 16,252 Restoration Maintenance Program Chemically treat area for re-growth quarterly Quarterly removal of vines branch's Quaderly removal of all undesirable underbrush (weeds, dead sticks, twigs etc.) Quarterly cleaning of plantings Total 266 133 266 $ 531 $ 1,195 Berm Maintenance Page 5 PELICAN BAY ADVISORY COMMIT'IZE AUGUST 5. 1998 hire a full time manager and xsish you well in that endeavor and will be glad to ensure that transition occurs in whatever form you desire that to happen. "l IMr& Oble~ moved, seconded by Mr. Roelllg and approved lunanlmoudy to approve l~Ir. }gard's contract. l~fiR. PIRES LEFT THE MEETING AT 5:15 P.M. DISCUSSION OF TIlE BERM RESTORATION AND MAINTENANCE Mr. Ward explained Ihat the Co,nmiltce had asked during the past few mo,ths about what could be done with the berm s-)'stem in Pelican Bay. in order to bring it to a standard which is different from what we currently maintain and also to define what we currently do along the berm in Pelican Bay. What I have tried Io do is break tile berm area from the Registn.' Resort north to the noah entrance and define for you what we really do. I have provided a Memorandum that outlines lhosc areas for you. outlines the Corps jurisdictional areas for you and outlines th{: cosls of three different levels of sen'ice. What currently' do along the berm is svc maintain the lop of the berm in terms of the asphalt and it is replaced on a periodic basis, which was ~one during this past )'ear. The slopes of fl~at berm are maintained by the Division on a periodic basis throughout the .,,'ear and snowed periodically. We go in and put dox~n rye grass and tilings of that nature during the appropriate limes of the season and do a little bit of cleaning out. of what I call Spreader swales. Those are the indentation areas on thc cast ;md wcst side of thc berm. They are cleaned out in either of two ways. One is mechanically, by .just picking up a few sticks and debris although that is not a primer,.' focus, or alternatively using aquatic herbicides in order to treat those water areas for algae and other sorts of aquatics that are in it. Beyond that. to the east of the berm are areas that are pan of the Division's water management system and that means that these particular areas are a pan of our water management s~'stem and when xvater runs off Pelican Bay it is designed that water flow goes into these areas, is maintained for a certain period of time. goes into those spreader swales and then out into thc Clam Bay area. In these areas, if you go back and look at thc,ri, they can look like pan of 3165 PELICAN BAY ADVISORY COMMITTE£ . AUGUST 5. 199g 16(;1 the backyard of the condominium, such as the Gron,'cnor and Dorchcstcr. They havc becn spottily maintaincd, or they have been left esscntially in a natural state by file dcvclopcr. What we havc done in the last couple of years is we have gone in Systems I and II, from the RegistS' to the Commons Park and have had a program to remove the exotic materials. The exotic rcmoval has consisted of the removal of Brazilian Peppers and is pretty much it. There was no clean up effort outlined in our budget for Systems I and II. As you know when we got in and did this. we had a ,,'er:,.' big problem itt the Heron area where the exotics were yep,.' lavas:ye in that area and once they were removed ~vc had to go in with an overlay replanting program in order to deal with that particular problem. Mr. Ward continued, that in your current year's budget from I lie Commons Park uon h to Crow n Colony, almost to the parking lot. was intended to be cleared out of CXOIiC matcrmls. It is about a eight acre area for this location. We had budgeted roughly $30.0¢10 in our Fiscal Year 199,g Budget in order to clear out this area. In the areas north of Croton Colon)'. as buildings ;irc being cons:hie:cd have been requiring the removal of cxolic materials and that has prell) nnlch been done x¥ith Iht exception of the existing buildings tim: are tinder consmiclion. As thc Ccmficatcs of Occup:mc.~ 's start to colnc out for those buildings, there is a replanting program planned for those are:is to lake out rite exotics and put in new aquatics. That has been done on Ihe sile of the Claridge and the site to the north of thc Claridge is not done at this lime.. That site is owned by WCI ;md xvql be a rcqutrcmcnl of that developer when that parcel is developed. That is where we arc al this point. We do :lot spend a Iol of mono), only in stafl' time alone and it is not more than a couple of thousand dollars a .~car m terms of x~ hat xxe do and approximately S3.000 a year in materials in order to keep Ihe berm :il the level of re:mi:chance currently have. Mr. Ward explained Ihat one of the questions that has come up is v, hat cat~ .,,oft do in order to change Ihat existing lex'el of service and increase it and if you did Ihat hoxx' x~ou[d .x'ou do that and what would the cost of that bet Depending upon the lex'el of service thai xou choose, what v, ould be the ongoing requirements for the maintenance of that program on a yearly basis'? What we have done is provided to you a couple of ditTerent options in this expanded service badge: cost program. The xeD' first 3166 PELICAN BAY ADVISORY COMNtlTrEE AUGUST 5. 199g is taking your existing budget and show you the current level of service and go in with the few minor dollars which are essentially staff' time. It is not an additional expenditure coining out of your budget, but a reallocation of personnel time to do some minor removal of sticks and debris on a quarterly basis which we do not do now. One of lhe comments we have had is can you do something about picking up Ihe debris, coke cans and bottles on a periodic basis.'? What we have shown you is how you do that along the whole of the berm with what is essentially staff time and what staff time would cost you if you chose to do that minimal amount of work. Mr. Ward continued that thc balancc of lite areas havc bccn brokcn down inlo csscnti:dl.v lhrcc parts. Ihe southern berm rclcntion areas, north ber,n retention areas and IrC Co,nmons hammock area. We have defined three different levels of sem,'ice for you lo consider. Level I would be lhc CUlling and removal of just lite vines for all of those three areas. You nccd to lake inlo considcration once .~ou gct thc vines out of there, what does it look like undcr thoso vines and Ihcrc is a potcnlinl thai once you gel in there and did thai work Ihat thc tree matcrials are dying or dead at this particular poit~[ in lime. and what tld you need to get inlo ifvou did that. Level I is removal of the vines in all of those areas and we have · idcd a estimate of tile cost for doing Ihal in all lhrce areas. That is roughly $21.000 in ;ill three areas fo~'a Level I maintenance program. Mr. Ward explained Ihal lcvcl II would be Io go back in oncc you have rcmovcd those vines lo rcmovc all of thc dead and live nuisance trees and branches that xvdl show up as a result of.x o~lr taking out that canopy of vines Ihat you see. We have provided a Level I cost and Level Il cost. Mr. Ward continued that once you do all of that. Lcvcl II1 is after thc removal of the undcrbn,sh and undesirables you go back in like we did at the Heron and in the areas lhat xve know are bcax'il.v vegetated with exotics and do a replanting program. This is the area that is the most difficult to deal x~ at this current time. It has a lot of exotic materials and is one of the biggest areas in terms of exotic materials and is also one of the areas that has essentially four different condominiums adjacent to ~t. There is no question in my mind that you would be back in here doing replacements of all kinds of materials for that program. The costs for thai are includcd in this budget also. The Lcvcl Ii and Iii 3167 PELICAN BAY ADVISORY COMMITTEE AUGUST 5. 1998 1661 numbers get to be relatively expensive in terms of your doing that work. You do not currently have funds budgeted either in your 1998 budget or projected in your 1999 budget for doing that work. They would have to be accomplished in your year 2000 budget. Remembering that as I said earlier, we do have $30,000 budgeted for removal of exotics, our estimates now bascd on what contractors are telling us. I am not going to be telling you that I recommend that we go in and lakc exotics out in this ama. We do not have sufficient funds to do it and if you did go in and do it you need to budget a full amount of money to not only remove the exotics, but to go back in with a replanting program similar to what ~vc did at the Heron to solve thc problem you get with the waste and dcvaslation .~on would sec once cvc~'thing is removed. Those are what we can determine as the definitions of Icvcls of scrvicc and costs. Mr. Hasson stated that he docs not think we solved our problem at Ihc ltcron. If xou begin to remove and replace an area that large we are going to open a big can of worms. Mr. Ward agreed. Mr. Hasson stated he saw what was done at the Heron and Ihal Js ;m fiji I xmuld bc embarrassed and it cost a lot of money. Mr. Ward explained that you have to remember thai the tlcron ~ fil I',e ntce. you just Il:mx e 1o g~ve it some time. If.~'ou look at what we did six months ago vcrslJs what n looks like tod:l.~, there is :~ big difference. The expectation is instant and you do not get instant in :J rcslor:mon project like this. It takes a .','car or two years. Mr. Hasson stated he felt we ought to tread lightly. Mrs. McCarthy stated that she disagrees with Mr. Hasson in Ilmt I do not think v,¢ haxc an option with exotic removal. First of :ill. we are re. ally being cotmtcrproduclive lo our effort lo qaxc thc ~nangrovc if we do not nd the cast side of Ihe berm of exotics. If you know anything about exotics. grow very quickly, not just through ~ root ~'stem but through a seed s~'stcm. The longer you lc:Jvc exotics in System III. the longer they are there they seed and blow across Ibc berm. Our mangroves are on the west side of the berm and the longer we leave an cxolic forest, the more they :Ire seeding their way into the mangroves and the more we are clogging the vcry systcms x~e :ire spending $2.3 million dollars to 3168 PELICAN BAY ADVISORY COMMITTEE AUGUST 5. 1998 unclog. That is issue number one. Issue number two is that )'es. when you take exotics out and I saw the Heron and I s~'mpathize, but in fact what thc exotics do long lenn is kill off cvco'thing in their path. Long term you will not have a proper water management side on the east side of the berm. If you look at the Heron you will see all kinds of natural vegetation coming up on its' own. It is not just the few trees planted by the PBSD. What is really taking place now is thc natural plantings. Wc need to think about exotics in that we really don't have a choice. We have got to znaintain this environment free of exotics for the long term viability of this community. Mrs. McCarthy continued that this subject came up for a couplc of rcasons. One was that there was a lady in the audience who was complaining about a lot of debris. That dcbris was picked up immcdialcly and it had come from our restaurams. It was not a PBSD ~'orkcr problcm. That debris is not an issue and longer. The trash is gone. What is there and has bccn there and I spoke about is in thc swales and primarily the swale west of the berm. it has devclopcd a siluation ~vhcrc so many trees and limbs had fallen down and so much natural dcbris had fallen it ~,'as doing a couplc of things and clogging that waterway which really should not be clogged, it also made Ihe place look likc it nccdcd .~ard x~ork We all know that oncc a year ?u need to clean up your yard. Mr. Lukasz's mca have cleaned up that porlion and I know from watching, that it did not takc a wholc hcck of a lot of tilllc, bul it did tl~:lkc a tremendous differcncc. That is what I believe you would call Lcvcl I. ! don'l think that ~s debatable because it is blocking the viability of that waterway. Mr. Hasson stated that is vcry natural. Mrs. McCarthy stated wc are not natural. The reason those swales arc thcre is that xvhcn watcr comes off the do'elopment it goes into those s~alcs and ulfimatcly finds its way into Cla,n Bay and thc Gulf of Mexico. You are right it is natural, but where we are il is not nat~lral. We need to give nature a little bit of help to get rid of the exccss. Mr. Ward agreed. In terms of thc dcbris issue that is alrcady in our currcnl work lcvcl. We are going to do that. Level I is getting the vine issue in thc trees. 3169 PELICAN BAY ADVISORY COMMITTEE AUGUST 5. 1998 Mrs. McCarthy stated that the sine issue is debatable. Thc vine issue is that thc vines have taken over the trees cast of the berm to such a point that that if we take thc vines down. there will probably' be a tremendous amount of dead trees. The trade off is if we allow thc vines to keep groxving as they are. ultimately there x~ill be no trees there. It is a long term issue and do ~c want to look short sighted or long sighted? I don't think there is a simple solution here. I am not surc I want to sec devastation back there. but on the other hand healthy planting maintenance would state flint those vines should have been removed years ago before thO. choked the trees. I did want to add that when you pulled out tile exotics on the east side in Systcm II. ~'hat ~x: did is put plantings back m. We did not go to the MSTBU :md tell them they did the wrong thing because we knew you were doing thc right thing, x~'c came in and put in some natural plantings. I think this Commmec ought to take Ihe s[;ind thaI x~hcn you I:lk¢ out exotics. which you must do. I do not think it is up to thc MSTBU to replace flint E;ich mdixidu:fl braiding has the I really do think that we should not be responsible for replacement biggest stake in replacing those. bushes. Mr. Hasson Agrccd. Mr. Ward replied that Ihe vine issue in that particular Ioc:mon ~s very bad and I agree with Maurecn. Mrs. Oblcy stated that it.is bad on thc west side too. Mr. Ward replied that it is. Mrs. McCarthy stated that she is not lobbying to lakc do~ n the x mcs bce;rose [ am afraid of x~ hat we are going to find. On thc other and if we did take flmm do~n. :md my building is going to have a problem, but I would stand in front of my Board and say' it is our rcspons~bilit.~ to put plamings in there. MR. TOM BROWN LEFT THE MEETING AT 5:35 P.M. Mr. Griffith stated that Level III is obviously tile hefty doll~rs m ;ill of this ;md this is all on east side of the berm. which goes dr).' and ~x:t and is this saying this underbrush is causing a negative effect as to what the water management system is supposed to be doing or ~s ~t an :~esthcrAc thing? 3170 PELICAN BAY ADVISORY COMMITTEE AUGUST 5. 1998 Mr. Ward replied that there is no negative effect with respect to thc operation of thc water management ~'stem. it is aesthetic and would certainly move the water off the property quicker into Clam Bay. Mrs. McCarthy asked why this Committee allowed the Dorchester to rcmovc all of tile natural plantings and put down a fertilized, watered lawn? Mr. Ward replied that thc water management area along the berm is a straight line that ~ paralleled the berm itself. As development began to occur these areas were essentially rcdefined and the Dorchester area actually ~sxaps around to the fronl of the building and thc.v chose to landscape il. PBID never had an)' authority in terms of landscaping, ~ Mrs. McCarthy cxprcssed that for thc cn'.iromncnt it is really ~llc ~ rong tiling. ~: Dr. Varig' asked if the nm,,' building~ ~ill do the same Ihing? ,. ~ Mr, Ward replied that no. th~' have not come to you and asked you lo vacate an,',' of those 'easement areas and are located outside of Ibc water management area. They are going to take xvha~cver exotics are in there out and do some aquatic plantings. Mrs. McCarthy asked thc diffcrcncc bel;veen removing live and dead trees and br:mchcs and Ibc difference in removal of all underbrush and undesirable vegetation, can you give me an example'! Think ofthe area to the right as you walk out tile Dorchester. What is Iht difference between Level II and III7 Mr. Lukasz replied that Level II goes in and removes an)' dead trees and there is also a lot of trees such as Willows lhat arc leaning over that have IO be rcmovcd, thcn going in and removing all tile dead underbrush and sticks. When we did the Heron. Ibc more we pulled out. the more there was to remove. Mr. Roellig slated lhat thc '.'ines have to go. Ihey arc unsightly in tile sense they arc not natural. II I could support, but l.,~'el III is going too far. Mr. Werner stated that he thinks there is a line to be draxvn here. Mr. Roellig stated level 1II is planting. 3171 PELICAN BAY ADVISORY COMMITTEE AUGUST 5. 1998 Mrs. McCarlhy stated that short term she looks out her apamnent right now and sccs grccn stuff. ali green vines on thc dead trees. To be honcs~ from Ibc aesthctic standpoint. I would rather look at live green vines than nolhing. Long Icnn for thc cominunity, it is not tile righ! move. I am not lobbying for any of Ibis with thc exception of the $2.500 for clean up which are doing ! certainly do not want to do Level I unless we do II. Mr. Ward statcd that he does not want to do Il without doing Ill bccat,se .~ou arc going IO get imo an endless bollom. Mrs. Oblcy asked what Iht types of plants thc underbrush consists o~? Mr. Lukasz replied weeds nnd willo~vs. Dr. Varley asked our legal responsibility for rcmoval of exol~cs'.' Mr. Ward replied none. There is a move in thc Statc that cncouragcs flmir removal :md cenainl.~ dcmands [hat during dcvclopment ora piece of property. Nobody is going Io ~alk to your door ~omorro~ and say you are going to take down the Brazilian Peppers nnd fine yo, for not doing Ihal. They certainly vend slrongly encourage you to do tirol and thal is a $1ate-~vide polic.~ Along all of il~c inlcrstalc highways in Florida you sec all of the exotics being removed by DOT. 'rhc.~ :~re using prisoners and have spent a lot ot' money. You see all municipalities Ihroughoul lhc $lalc doing this It is pan of Ibc Stale Comprehensive Plan Polio' in lerms of when Iho' submit fl~e,r Comprchcnsn'e Plans. there is an environmcnlal element Ihat is a requirement oflhe Plnn. We do not have a legal respons~bilily or liabilfly to do it. but I can tell you tidal throughout tiffs State lhere is a vend strong mo~c to do Dr. Varlcy stated lhal he would suggest Ibnt wc do not have lhis m our budget now and our plate is prctly full wilh this mangrove issue. I think wc oughl Io be lhinkmg about Ihis for ncxt year and years after. There needs to be a real com~nunity educ. ation program ;md kno~ v,'h;~l lhc cotmntlnily really wants out of that area. Mr. Wemer asked il'Dr. Varlcy was saying to forget aboul the $2.5oo project? Mrs. McCarthy stated thal she wants it clarified thal we arc still going to remove tile exotics from Section III. 3172 PELICAN BAY ADVISORY COMMITTEE AUGUST 5, 1998 Mr. Ward replied no. we budgeted $30,000 for thai and thc current cstimates wc arc getting for that work is over $70,000 and I am not even comfortable with Ihat figure currently. I think if you go in and take out those exotics, you arc going to have lo go to thc next level and start replanting that area. Mrs. McCarthy explained that is a serious threat to the mangroves where we arc spending money to'lng to save them. If we leave the exotics we are crippling ourselves. Mr. Ward replied that if you decide to go there. I am tclling you that this particular area is going to be very expensive. Mrs. McCarthy stated that she knock's the area. but I also do not think we have to rcpl:mt it. If those five buildings don't like the fact that exotics have been pulled out. thc3 have thc option of pt, tting plantings in themselves. Dr. Varley stated that has to be done before the fact. That was tile problem al the Heron. Mr. Ward explained that the Heron's Board was told that those exotics were coming out. They will come back and tell you Iht'2,.' never realized it ~,as going to be so devastated, l will caution you that if you go in there and do that and it is more than double what we have budgeted for to begin with. so it is not even in the plan for 1998 nor in. >'our budget numbers for 1999. So Ih,qt is a problem we will have to deal with. If we go in and you take it down and we go out and bid it and it coates in at $70.000-$80.000. vd:at I am telling you is that you have maybe 800 units overlooking that :,rca and will be on >'our doorstep telling you why you need to do it. We need to proceed, slowly and cautiously. Dr. VarIey stated that he would like to move this along slopply and have it on tile agenda periodically so that we give it a talk and plan what should be our next step. Maybe tile thing we need to do right now is to begin to talk to some of the condominiums and ask how they feel about it. Mr. Ward replied ifyou want to move slowly what we can do as this is a real problem area with regard to exotic materials, ma)be we can spend some time this fall and talk to condominium owners and tell them we are going to be in a position to spend "blank" dollars to remove exotics and there is going to be "blank" dollars associated with replacement costs, are yot, going to be in a posilion to cotne in and do a replacement prngram aften,,'ard? 3173 PELICAN BAY ADVISORY COMMITTEE AUGUST 5. 1998 Mrs. McCarthy stated that is like saying to somebody do you mind if we take alligators off of your property so that they don't eat neighbors children? That is impacting all of us. We have spent a lot of money taking out all of the exotics in sections I and II, if you don't take them out in ltl. in three .,,'ears you are going to hw, e them back in section I again. I don't think you give people a choice. Mr. Werner stated you do your preliminary work first and say you arc going to have a war zone here. is that what you want? You arc going to be responsible for thc replanting. I don't think we have to make c~'erything look like a park. Mrs. McCarthy stated that thc Mangrove Action Group is then going to have to get involved in deciding if you really want those exotics growing into the mangroves. It is time for t,s to become a little more ecologically aware. Mr. Ward stated that particular location is about a $30t).ot)o problem with removing thc exotics. underbrush and getting into the replanting program. If you look at this area. it looks like thc Heron. Based upon what we spent at the Heron. we have come up with roughly $30t).0¢)o to do that area. Mrs. McCarthy staled that if you live in the Count.',' Ioday and someone complains of exotics growing next to thetn, you are then put on a timetable [o get rid of them. This is not something x~'e have a lot of choice on, Mrs. Obley stated that did happen in Marco. Dr. Varley suggested that we leave this item here and in a month or so we talk about it ag:fin and begin to move it along rather slow ly. Wc do need to get the wishes of thc cotmm,nity on this issue. DISCUSSION OF ADVISORY COMMITTEE MEMBER REPLACEMENT FOR MR. FLATTO Dr. Varley stated that he had suggested that as much as Mr. Flalto's position on this Co,mnittee would be up in Januav,.'. it seemed to me to make sense to wait until JanuaD' to appoint somebody now that would have to apply and run all over again in January. Mr. Werner stated that he wrote a letter to Mr. Ward and feels thc size of this Committee is a little um,.~eldy and one of the things my committee is going !o look at is reducing thc size of it and whether or not it should be elected ,,'ersus appointed. 3174 Berm Widening System III & IV The following is an estimated cost for the widening of the berm from The Commons to the North Tram Station, Systems III & IV. The pavement would be extended five (5) feet to the west side and the slope re-established and sodded. This estimate includes permitting, design, construction and mitigation costs associated with extending into the Clam Bay Echo System. Description Turbitity Screen Weir Structures Extended Fill Material Supplied and Graded Lime Rock & Blacktop Bahai Sod Miscellaneous Design & Permitting Mitigation Quantity Unit Cost 6000 $5.50 Ln. Ft. 27 $1,500.00 Each 12000 $18.50 Cu./Yd. 3400 $6.50 Sq./Yd 60000 $0.14 Sq./Ft. Total Cost $33,000 $40,500 S222,000 Sub-Total Total $22,100 $8,400 $35,000 $361,000, $11,000 $5,000 $377,000, PELICAN BAY SERVICES DIVISION CLAM BAY RESTORATION FUND SEPTEMBER 30. 1998 F.Y. 1997 F.Y. 1998 Total Exp. Sept. 1998 Budget Budget Budget To Date Balance Expenses EXPENDITURES Enx~runmental Consult. Akcrman. Scntcrfitt. ct. al. $ Lc~ds Enx~ronmcntal Scn'. Tackney & Associates Wilson. Miller. ct. al. $ Dr. Samuel Sncdckcr $ Hilbum Hilstad $ Others $ Sub-Total 153.168 $ 54.532 $ 207,700 $ 207.683 $ 17 $ 71.4(,0 $ 7.540 $ 79,000 $ 78.732 $ 268 $ 54.184 $ 32.316 $ 86,500 $ 86.500 $ 0 $ 47.112 $ 42.888 $ 90,000 $ 67.675 $ 22.325 $ - 7.001 $ 20.599 $ 27,600 $ 9.997 S 17.603 $ - 10.550 $ 38.550 $ 49,100 $ 10.550 $ 38.550 $ - 18.524 $ 161.794 $ 180,318 $ 27.830 $ 152.488 $ 3.956 361.999 $ 358.219 $ 720,218 $ 488.967 $ 231.251 $ 3.956 15.459 $ i.320.900 $1,336,359 $ 15.459 $ 1.320.900 2.827 $ - $ 2,827 $ 4.727 S (i.9o0) 1.900 Capital Outlay Improvcmcnts General $ Olhcr Machinery & Equip. S Sub-Total $ 18.286 S 1.320.~,a)0 $1,339,186 S 20.186 $ !.319.000 $ i.900 Other Fees & Charges Tax Collector $ Property Appraiser $ Revenue Reserve $ Sub-Total ToTALIPRC)PRIATIONS 15 10.214 $ 20.000 $ 30,214 $ 23.041 $ 7.173 $ $ 13.400 $ 13,400 $ 8.637 $ 4.763 S - $ 23.600 $ 23,600 $ - $ 23.600 $ - $ 10.214 S 57.000 S 67,214 $ 31.678 $ 35.536 3c~L49915 1.736.11915 2.126.618 $ 54..83015 .5 5.78815 5.856 ACCOUNTS PAYABLE-SEPTEMBER Hilbum TOTAI.~~ ~ES SERVICES DATE INV. NO. AMOUNT THRU 12/29/97 12/29/97 $ 29.700.00 12/31/97 $ 29.700.00 I ii I I I I I IIIIIIIIIIIII I I ' I 1 RECEIVED Agenda January 11, 19~rd or ¢ountj. Comfsstoners ea. COmm. rec'd copy 2. 3. 4. 5. 6. 7. 8. Meeting called to order Roll Call Approval of Minutes - Meeting of November 9, 1998 Landscape Architect's Report Transportation Services Report Committee Members' Reports Old Business New Business 9. Adjournment misc. Cortes: Date: ~?//y~ ._ Next Meeting - 4:30 p.m., February 9, 1999 Golden Gate Communitv Center Copies To: I661 Meeting- November 9, 1998 1. The meeting was called to order at 4:35 p.m. at the Golden Gate Community Center. Attendance: Bill Jaeger, Lee Hyland, Wolfgang Schultz, Crystal Kinzel, and Kathryn Godfrey-Irwin, members; Russ Muller, Dale Bathon, and Sheila Convery, Transpodation Landscape Services; Dayna Fendrick, landscape architect, Wilson- Miler; Jacqueline Silano, recording secretary. Guest: Commissioner Tim Constantine (4:55). 3. Minutes of the Meeting of October 12, 1998: Kathryn Godfrey-Irwin moved to accept the minutes as submitted; seconded by Wolfgang Schultz and carried unanimously. 4. TRANSPORATION LANDSCAPE REPORT Russ provided the members with a written summary of questions that were raised recently. There was a review. Crystal noted that the commercial area was narrow in comparison to the residential areas. Russ noted that the ordinance ' could be revised to expand the boundary of the MSTU if the committee wished to do so. B. Russ introduced Dale Bathon, county senior engineer. 5. LANDSCAPE ARCHITECT'S REPORT Ao Ms. Fendrick provided copies of the outlined schedule of events for the upcoming project. She noted that when a Master Plan has been designed, it may be installed over several phases depending on funding. A lengthy discussion ensued. Bo It was noted that even if the County took over the maintenance of the medians when the project has been completed, the services of a landscape architect would still be required. C. There was a general discussion regarding the crowning of the medians currently swaled because of drainage. D. The consensus of the committee was that they would like to have a project that is low maintenance and Iow intensity. Eo Russ noted that although Radio Road is an arterial roadway and may be considered a gateway when the six-laneing has been completed. Commissioner Constantine concurred. F. Concerns regarding the type and expense of installing curbing were discussed. 6. GUEST'S COMMENTS Commissioner Constantine advised that he has attended various homeowners association meetings during the past year and a half and noted that the overall majority was in favor of the beautification project. The same held true in the follow up survey where two out of three were in favor of the project. He stated that the purpose of the beautification committee is to carry out the will of the people within the MSTU by overseeing the project and making recommendations to the Board. Bo Commissioner Constantine noted that both the Davis Boulevard extension and Santa Barbara Boulevard widening will have an impact on the traffic flow on Radio Road and may push the sixolaneing father back on the schedule. 7. COMMI'I-rEE MEMBERS' REPORTS Ao Crystal felt that sore9 homeowners misunderstood the survey. Several residents have told her that they felt the proposed tax increase was already approved and that their choice was either ~ mill or 1 mill only. She also expressed her concerns over the Project being torn up during the future widening construction. (Commissioner Constantine left at 5:40) 8. OTHER BUSINESS Ao Since the contract with Wilson Miller has to be finalized and it will take time for them to prepare a draft proposal, the consensus of the committee was to skip the December meeting. As there was no fudher business to discuss, the meeting was adjourned at 5:50 p.m. The next meeting will be held at 4:30 p.m. on January 11th at the Golden Gate Community Center. .................... ,, [[ [[ [[ [ [[[ [[ I[ I IIll [ [ Date: To: From: Re: January 13, 1999 Joyce Houran, Grants Coordinator Collier County Sheriff's Office Ellie Hoffman, Deputy Clerk Minutes & Records Department Grant Application for Continuation of Funding from the State of Florida STOP Violence Against Women Grants Program Enclosed please find for your use, one original document as referenced above, Agenda Item 16H1, approved by the Board of County Commissioners on January 12, 1999. If you should have any questions, please contact me at: (8406). Thank you. Enclosures John C. District 1 James D. Carter. Ph.O. D~s~k~ 2 Tmx~hy J. Constantine D~s~c{ 3 Pamela S. Mac~0e D~sthc{ 4 Barbara B. Berry O~st~ct 5 December 16, 1998 3301 East Tamim'niT~a~l · Nal31e$. Fl~a 34112-4977 (941) 774.8097 · Fax (941) 774-3602 Robin S. Hassler, Esq., Director Prevention of Domestic & Sexual Violence Section Bureau of Co~m~unity Assistance Department of Copmmunity Affairs 2555 Shurf~f~rd Oak Boulevard Tallahassee, Florida 32399-2100 Re: 1998/99 STOP Violence Against Women grant Signatory Authority Dear Robin S. Hassler: Pursuant to the referenced permissiooT~-~,~~e fs~gnatory documents. ~ Signature \~v,, ~Fv, ShL~r~on Hunter grant, Sheriff Don Hunter has my authority on any applicable grant If you need further information please feel free to contact me. Sincerely, Bar~b ~~er~, '~ Chair, Collier County Commission jh/a:stsabcc A.-'.,y--c~a: to £~,.'T.~.: I['~ :.: ~' u[ f~' ~. :..:· County Attornoy 3301 East Tamiami Trail., Na,oles. Florida 34112-4977 (941) 774-8097 * Fax (941) 774.3602 EEO Certification Letter - Subgrant Recipient Robin S. Hassler, Esq., Director Prevention of Domestic & Sexual Violence Section Bureau of Community Assistance Department of Community Affairs 2555 Shummard Oak Boulevard Tallahassee, Florida 32399-2100 RE: Compliance with Equal Employment Opportunity (EEO) Program Requirements -- Subgrant Recipient Dear Robin S. Hassler: I, the undersigned authorized official, certify that according to Section 501 of the Omnibus Crime Control and Safe Streets Act of 1968 as amended, that I have read the Act criteria set forth in the Subgrant Application Packaqe Instructions. I understand that if the subgrant recipient meets these criteria, it must formulate, implement and maintain a written EEO Program relating to employment practices affecting minority persons and women. I also affirm that the subgrant recipient (Initial one of the following): _Does Does meet Act criteria and does have a current EEO Program Plan meet Act Criteria and does not have a current EEO Program Plan Does not meet Act Criteria I further affirm that if the recipient meets the Act criteria and does not have a current written EEO Program, federal law requires it to formulate, implement, and maintain such a program within 120 days after a subgrant application for federal assistance is approved or face loss of federal funds. Name and Title: Barbara B Berry, Chairwoman Name of Subgrantee Organization: BQ~rd of County CommissiOners ' ' Collier County, F ida ': :..-.-.-.. Attest am to ATTEST.. . .. .--. - JH/a:eeos III 1998- 99 $ TOP Violence .4gahtst Wotrten Grant Program Department of Cotnmunity Affairs Prevention of Domestic attd S.,rual kYolence Section I. Signature Page [n witness whereof', the parties affirm they each have read and agree to conditions set forth in this agreement, have read and understand the agreement in its entire.ty and have executed this agreement by their duly authorized officers on the date, month and year set out below. Corrections includia~, strike.overs, whiteottts, etc.. on this pa~,e are not acceptable. State of Florida Department of Community Affairs Bureau of Community Assistance By:, Type Name and Title: Rosa Morgan, Chief of Bureau of Com',unity Assistance Date: By: Type Name and Title: Subgrant Recipient Authorizing Official of Subgrant Recipient (Corem ission Cha[rman, Mayor, or Executive Official) Barbara B. Berry, Chairman, Collier County Commission Date: January 12, 1999 FEID Number: 59-6000-558 }ii Implementing Agency ial.-.Sdministrator or Designated Representative [Date: December 17 , 1998 ~ DWIGHT E. BROCK, CLERK $ubg,ant Package ~.ti~st ~s' to Chairman's 1998-99 STOP Violence Agalnst Women Grant Program Departmen! of Community Affairs Prevention of Domestic and S,'rual Violence Section I. Signature Page In witness whereof, the parties affirm they each have read and a~ee to conditions set forth in this agreement, have read and understand the agreement in its entirety and have executed this agreement by their duly authorized officers on the date, month and year set out below. Corrections includhto, strike-ovem, whiteottts, etc.. on this pa~e are not acce?table. State of Florida Department of Community Affairs Bureau of Community Assistance By: Type NameandTitle: Rosa Morgan, Chief of Bureau of Community Assistance Date: By: Type Name and Title: Subgrant Recipient Authorizing Official of Subgrant Recipient (Commission Chairman, Mayor, or Executive Official) Barbara B. Berry, Chairman, Collier County Co~aission Date: January 12, 1999 FEID Number: 59-6000-558 Implementing Agency dministrator or Designated Representative By: .--..J Type Name and Title: Don Hunter, Sheriff °, / Dat'~: December '~7, ~998 · : A'n'E ST: .',-. DWIGHT E'. BROCK, CLEI~ · 21 Aaai~tr~nt Ccanty Atto.-CtrtW Agreement Atfes;c :as:,t'o Chalman'$ signature only. S TOP Violence Against Women Grant Program The Prevention of Domestic and Sexual Violence Section Bureau of Community Assistance Automated Data Processing (ADP) Equipment Form Authorized Official for Subgrant Reci~3ient Type Name: Barbara B. Berry Type 'rifle: Chairwoman, Collier County Co~mission Telephone Number. ( 941 ) 774-8393 Date: January 12, 1999 Information must be provided to adequately respond to all applicable issues listed below: I. A description of the ADP hardware and/or software you plan to purchase, including: A. Number of units an projected cost of each; B. Equipment specifications including disk drive storage space, amount of random access memcrt, microprocessor size and speed, and any other pertinent system specificad.,3ns. If a ne~ork is purchased, specify the b/pa of file server, hub/routers, network cards, ne~ork wiring and installation costs. If a printer is purchased, indicate the type of printer including model, dot matrix, laser, type of print (black or color), additional memory, and font cartridges; and C. A brief description of how the proposed equipment will be used to further grant objectives. Certify that ADP hardware and so,'ware procurement complies with existing federal, state, and local laws and regulations. Attach a copy of your current procurement procedures. If ADP hardware will be purchased, desc,dbe the results of your lease/purchase analysis and explain the advantage of purchase over lease. o Ap2rove& ~ to f.~Lrm ~ leg~/cu3f;c-'.c=:y If ADP software will be developed, explain why already produced and availabl,~ software will not meet the needs of this subgrant - . · If your purchase of ADP hardware, software or combination thereof will be from a sole ~ource and is S i00,0(~0 or more, complete a .Sole Source Justification Form and attach it. (Appendix II). NOTE: DWiGH~'E."BROCK, CLERK' For all proposed ADP purc,hases an ADP Equipment Form ~.~. ? and subm/,ed to the Department of Community Affairs for appro~. ~'~y C ¢'erk Appendix I! t As~tant County Attorney Attest as to Chairman's signature on1). S TOP Violence Against Women Grant Program The Prevention of Domestic and Sexual Violence Section Bureau of Community Assistance Automated Data Processing (ADP) Equipment Form Authorized Official for Subgrant Recipient Type Name: Barbara B. Berry Type Title: Chairwoman, Collier County Commission Signature: ~ Telephone Number. ( 941 ) 774-8393 Date: January 12, 1999 Informab'on must be provided to adequately respond to all applicable issues listed below: I. A description ot' the ADP hardware and/ct software you plan to purchase, inc;uding: A. Number of units an projected cost of each; B. Equipment specifications including disk drive storage space, amount of random access memorT, microprocessor size and speed, and any other pertinent system specifications. If a network is purchased, specify the type of file server, hub/routers, network cards, network wiring and insteflation costs. If a printer is purchased, indicate the type of printer including model, dot matrix, laser, type of print (black or color), additional memory, and font cartridges; and C. A brfef description of how the proposed equipment will be used to further grant objectives. Certify that ADP hardware and software procurement complies with existing federal, state, and local laws and regulations. Attach a copy of your current procurement procedures. If ADP hardware will be purchased, describe [he results of your lease/purchase analysis and explain the advantage of purchase over lease. If ADP software will be developed, explain why already produced and available so,ware will not meet the needs of this subgrant your purchase of ADP hardware, software or combination thereof will be from a sole source and is 5100.000 or more, complete a .Sole Source Justification Form and attach it. (Appendix II). . . NOTE: :~ ~ .,,;: .'~ -' , For all proposed ADP purchases, an ADP Equipment Form must b~compfeted ' ',: , .'-' " and subrnitted to the Department of Community Affairs fore,prove/. , .:~' ~" ..- Appendix II ~ttest as to Chatm~a's U S. DEPARTMENT OF JUSTICE OFFICE OF .JUSTICE PROGRAMS OFFICE OF THE COMPTROLLER CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS; AND DRUG-FREE WORKPLACE REQUIREMENTS Ap;:iic~n:s shoulc: refer to the regulations cited betow to determine the ce,~ific3tion to which the'/ are recui.'eC :c a~est. Appiican:s should also review the instructions for ce~i~czt/on i~cluded in ~he regulations befcre ccmDle::~ :h~c form. S;~.at~re cf this form provides for compliance with codification requirements ut. der ~E CFR Pa~ ~, "~w Re~ricdc~s cn Lo~bying" and 28 CFR Pa~ 67. "Governme~t-wice Debarment and Su==e~=ion [Nc~=rccuremen:', er.~ Government-wice Recuiremen[s for Drug-Free WorkplaCe [Grants).' The ce~Jfications shait be treated ac a m~:er~a: re~resen:z:icn cf fac: upon which reliance wilt be placed when the De=~nment of Jus:ic~ de:ermine[ :o ~ward :~.~ ccvered tr~nc~c:Jon, grant, or cooperative agre~mec,:. 1. LOBEYING As reoulre~. by Sec. ion 1352. Title 31 of the U.S. Code. and implemented at 28 CFR Parr 69. for person':-.enterincj into grant or cooperatwe agreement over $100.O00. as gefined 28 C~R Pa~ 69. t~e applicant certil;ec tha~: {al No Federal a~orooriated funds have been pa~d or will be ~ald. by or on behalf of [~e un~er=igned. ~o any person for fluenc~ng or a~em~mg to influence an officer or emGIovee any agency, a Mom=er of Cong~e:=. an officer or emoicyee Congre[~. er an employee of a Me~ber of Congre~: in nec:~on w~:n tr.e maxing of any FeceraJ ~ran[. t~e entering of any coc=era:~ve agreement, ant :~e exten:ion, con:~nua:~cn. renewal amenCmen:, or moCd~ca:~on of any FeCerat grant or coc~ra:ive agreement: (bi If any runt: c:~er ~han Federal aODroorla~ed runts have been paid or will ~e ~aid to any person for ~nfluencmg tempting to influence an officer or employee of any agency, Member of Con~ress. an officer o~ employee of Congress. an employee of a Member of Congress in connection wi~ Federal grant or coooerative agreemen[, the undersigned shaft complete and submit Standard Form - LLL. "Disclosure of ~bbylng A~v~fies.' in accordance with its ~cl ~e undersigned shall re~uhe tha~ the language of t~is cer- fifi~fion be ~cluded in the award documents for all subawatds at afl tie~ ~nclu~ng ~bgrants. contracts under grants and cooDera~e agreement, and subcontrac:sl and t~at all sub- te~ien~ sha~ certify and disclose accordingly. public (Federal. State. or locall transaction or cent:ac: uncer a public transaction; violation of Federal or State statutes or commission of empac:lament, the~. forc~e.,'y. bribery, falaification or Ce,'truc:~on o! tacotoos, making statements, or receiving s:olen proper:y; ici Are not pte:en:ly in¢ic:eC for or otherwise Criminally cr cwilly c~arged by a governmental entity (Fo:oral. ~tate. Iocall with commis=~on of any of the orlon:e: enumerate: para,tach (lllb] of ~his certification; and lmo~ had ~ne or more =ublic transactions (FeUe~a). E:a:e. local) /erm~na~eC lot cause or Cetaul:; amc E. V~ere the ac~iican~ ~s unable ~o candy :o any of S~a:ements in ~h;s cemflCa~on, he o~ she :~at~ a~ac~ explanation to this a~Olica:~on. 3, DRUG-FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS} A~ required by the Drug~ree Workplace Ac:, of implemented at 28 CFR Part 67. Subl=art F. for grantees, as defined et 28 CFR Part 67 Sec:ions 67.61,c and 67.620- ,ppncant terrific, ,.iii or w;, c=n ue to · free workplace by: Publish;ns a statement notifying employees that the Imlawful manufacture, distribution, dispensing, possessic.-,, er r. ontrolled.substance .i=-pr~hibited-in-t.~e ~ran:ee's .... 2.' DERARMENT,"SUSPENSION; ~,ND OTHER ............... !~'~v~k~la~e' ~n'd'~be'cif¥;n~ ~ne a'~on~'tr~at '~iil be taken ac~.s: ..... RESPONSIBILITY MATTERS ~ employees for violation of such prohibition- ' (DIRECT RECIPIENT} ' :~ ~ . - ' ~ ~ ~o~ Establishing an on-going drug.free aware.'~ess Grogram tc As rec:uired by Executive Order 12~.49, Det~arment a~c~ ~ inform employees about- 28 CFR Pa~ ~7 5ec:~on ~7 ~10- 121 The grantee's ~ollcy of maintaining A. The ao01;ca~: cemfies t~at t and it- ~rinci~al.' ~ {~1 .Any evadable :rug counseling, rahab)lite:ion. . ~ " :!:: a=s~=:ance ;~ograms: and . (al Are not orecen:ty de~arred, su=~ended, pro~o=ed for Cedar- ~ ,~, ~_ -, .... ~ . . . mont. dectare~ ine!igiole sentenced to a de~ial of Federal ~ ~r .n~ p.n~,~.e., t~at may oe ,moosed ' ~ ~mg aouse wola:~ons OC:urr~n~ i~ the benefits by a ~:ate or Federal court, o~ voluc.:arilv from COyote: ~ran=a::~o~: by any Federal Ce=ar:men: ~~,~ (C~ Makin~ it a recuitemen: :~.a: each em=lovee Or agency: i~.the performance of l~e grzn~ be g,ven a cosy of :ne s:~:e. men: raGu, aC by paragraph (bi Have no: wi:~m a ~hree-yea~ pe~,o: OreceUmg ~= ao=~,ca. t~on been Cony,ccc: of of ha~ a c~vil jucgment renCe~e: a;a,cs: (~1 Notdying t~e employee i~ :~e c:ate~ent lion w~:n cc:aims;, a~e~=;,ng :c c::3,~, cr D~rfC~,n~ a ~ant. the e~Clove~ w,~- ($I A~ide ~y ?,d to:ms of the s:~teme~t; and (21 Notilry the employer ~aladon ~( a ~inal drag ~3mte ac~rring in ~e work,lace (el Noc~y~n~ ~e a~en~l, ~ wd~n~, w~in 10 ~len~ar ~ays aHer rece~g no~cs un, er subaatagra~h (dl(21 from an employee ar o~e~;sl rece~ng ac:ual notice of su~ c:nv~c- ~cn. ~gloyers af c:n~ed employees mus~ provide nadce, ~u~ing pcsi~an ~e. la:'Oe~a~ent of dusfice.'Cffic~ of dus~ce Prcgrams. A~N: Comrol Desk, 633 Indiana Avenue, H.W.. Was~in~:cn. D.C. 20531. Notice shall include c~e ~en- ~ca~cn number[si of ea~ affe~ed gran~: (fl Taking one af ~e la~Owlng ac~ons, wi(bin 30 ~len~ar ~nVs of resDe~ (I I Taking employee, ua ~o ~ ~ng to,nation, consi::en~ ~ ~. re~[remenu of ~e ~eha~ca~on Ac: of 1973, as amended: ar (2i ~e~ drag ~b~e ~ce or r~ab~on prog~m approved for m~. or (gl Ma~g free wo~lace ~a~h ~lemen~don of pa~grag~ B. ~e grantee rite(si for ~e sge~c Place coCe~ Check 0 if there ate work:laces on file that are not in,'en~fZed here. Sec:~cn 67, 6~0 of t~e re;ulz~cns ~rovi~es ~a~ a grantee is a SCare may e~e~ to make one ca~Jfication in each Federal flg~gl year. A c=:y of whic~ ShOUld be included wh~ eac~ plication fat Debarment of Jus:ice funding. Scares :nd S:3:e agencies may elco: to use CJP Form 406117. '~heck O if b~e Scare has e~e~ed ta complete OJP Form ~61~. DRUG-FREE WORKPLACE (GRANTEES WHO ARE INDIVIDUALS) As required by t~e Drug-Free Workplace AG of 1988, and ~npfemantad at 28 C~ Pa~ 67, Subpa~ F, for gr~tees, as defin~ ~t 28 ~ Pa~ 67: S~Jons 67,615 and 67.620- A. As a ca~[~n of ~e grant I ce~fy mac I w~ nat ~ga~e ~ ~e un~wful manufa~e. ~udon. (~0~3~, po~es- ~on, at ~e of a ~n~ ~b~ance ~ conducd~ ~ ~W ~m me grant ~ 8, I~ can~ed a~ ~ ~nal ~g offense/~ufdng from a Moladan a~r~g dung ~e candu~ of ~ny g~n~ a~iviW. I w~ report me ca--on, ~ whig, wigan 10 calendar days of the COnVic:ian. to: Oega~menr of Justice. Or,ce of Ju::~ce Programs. A~N: Camral Oesk. 633 In~;a~ Avenue. N.W.. Washington. D.C. 20S3t. As c,he ¢uly au~,*',or~zed representative of the aapl;cant. I hereby cer'Jfy that t.'~e al::pl;c3nt w~ cam~ly win the above cer'J~qcaticns. Grantee Name an4 Address: Barbara B. Berry, Chairwoman Collier County Cofl~nission 2. Appl;c3tion Number and/or Project Name Domestic ¥i6lence Unit Project 3. Grantee IRS/Vendor Iqum.'er 50-6o0o-558 4. Ty~e~ Name and T;tfe of Authorized Representative Barbara B. B~rry ~. S;gnature 1/12/99 .... ~ ''~./ , ..;.. ~. . ,- .,: .W,g,.,.:. ,- AP r°vcd t° 'm "legal:uf;>'::r':YAttest as to Chatrm&tt'*A1-FEST? ' = onl$. - , .. "T'o,,,, SETTLEMENT AGREEMENT AND MUTUAL RELEASE THIS SETTLEMENT AGREEMENT AND MUTUAL RELEASE (hereinafter referred to as the "Agreement and Release") is entered into and made on this /,,.q/Z~ day of ~ , 199,~ by and among Frank A. Pena, Mayra D. Pena, Rossie Pena and Gabriel Pena (hereinafter referred to as the "Penas") on the one hand and the Collier County Board of County Commissioners as the Governing Body of Collier County, Florida and as Ex-Officio the Governing Board of' the Collier County Water-Sewer District fhereinafter referred to as the "County") on the other hand. WITNESSETH: WHEREAS, the Penas filed a lawsuit against the County in the Circuit Court for the Twentieth Judicial Circuit in and for Collier County, Florida styled Pena v. Board of County Commissioners as the Governing Body of Collier County, Florida and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, Case No. 94-3944-CA-01- HDH (hereinafter referred to as the "Lawsuit"); and, WHEREAS, the Penas and the County, without either of them admitting any liability or fault, desire to settle the Lawsuit and any and all disputes that relate or refer in an.y way to the incidents described in the original Complaint or any of the Amended Complaints filed in the Lawsuit; and, WHEREAS, the Penas and the County desire to reduce their settlement to writing so that it shall be binding upon them as well as their respective owners, principals, officials, officers, employees, ex-employees, agents, representatives, successors, assigns, heirs and affiliates. :~..::}NOW, THEREFORE, in consideration of the mutual covenants, promises and consi ~ations set forth in this Agreement and Re,ease, and with the intent to be legally bound, the Penas and the County agree as follows: 1. lhe Penas and the County adopt and incorporate the foregoing recitals, sometimes referred to as "Whereas Clauses", by reference into this Agreement and Release. 2. In consideration of the amicable resolution of all disputes or claims giving rise to the Lawsuit, and for and in consideration of the sum of TEN DOLLARS AND 00/100 ($10.00) and other valuable considerations, the receipt and adequacy of which is hereby acknowledged by the Penas, the Penas agree to dismiss the Lawsuit with prejudice. 3. In consideration of the amicable resolution of the Lawsuit, and for other valuable considerations, the receipt and adequacy of which is hereby acknowledged by the Penas and the County, the Penas and the County hereby expressly release and forever discharge one another, as well as their respective owners, principals, officials, officers, employees, ex-employees, agents, representatives, successors, assigns, heirs and affiliates from any and all claims, demands, causes of actions, damages, costs, attorney's fees, expenses or demands of any kind or nature whatsoever arising from or relating or referring in any way to either the Lawsuit or any incident or event referred to in the original Complaint or any of the Amended Complaints filed in the Lawsuit. 4. Notwithstanding anything that may be to the contrary in Paragraph 3 of this Agreement and Release, the Penas and the County agree that either of them (as well as any 2 other persons or entities intended to be bound) shall retain the right to enforce the terms and conditions of this Agreement and Release. S. The Penas and the County agree that this Agreement and Release is intended to and shall be binding upon their respective owners, principals, officials, officers, 6. The Penas and the County recognize and acknowledge that this Agreement and Release memorializes and states a settlement of disputed claims and nothing in this Agreement and Release shall be construed to be an admission of any kind, whether of fault, liability, or of a particular policy or procedure, on the part of either the Penas or the County. IN WITNESS WHEREOF, the parties, (i.e., the Penas and the County) or their duly authorized representatives, have signed and sealed this Agreement and Release as set forth below. DATED: JAN ATTEST: DWIGHT E. BROCK, Clerk attest as to Chairman's signature only. 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 COONTY WATER-SEWER DISTRICT 3 WITNESSES: Signature Prinled/Typed N.~me Signature J Pnnled)l'yped Name FRANK A. PENA .3ignature Dale Executed WITNESSES: Signatu~,~ Prinlm:t~ryped Name (2) Signature -. Printed/Typed Name MAYRA D. PENA Dale ExeCuted / WITNESSES: Signalure Pr ruled/Typed Name Prinlec~yped Name ROSSIE PENA /gnaIum //- ,,; Date Executed WITNESSES: S,gnatu,~ - $)~nature / Printed/Typed Name Approved as to form and legal sufficiency: Michael W. Pettit Assistant County Attorney GABRIEL PENA Signature Date Executed 5 h:litisationx4x'na~e~leme~t agreement & rele,~ IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION FRANK A. PENA, MAYRA D. PFNA, ROSSIE PENA and GABRIEL PENA, Plaintiffs, VS. Case No. 94-3944-CA-01-HDH BOARD OF COUNTY COMMISSIONERS, as the GOVERNING BODY of COLLIER COUNTY, FLORIDA, and as EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, Defendants. STIPULATED NOTICE OF DISMISSAL WITH PREJUDICE Pursuant to Fla. R.Civ. P. 1.420(a)(1)(B), the parties stipulate and agree that this action shall be and hereby is dismissed with prejudice. Each of the parties shall bear his, her or its own costs and attorney's fees. WOODWARD, PIRES & LOMBARDO, P.A. 801 Laurel Oak Drive, Suite 640 Naples, Florida 34108 (941) 566-3131 - Telephone (941) 566-3161 - Facsimile OFFICE OF THE COUNTY ATTORNEY 3301 East Tamiami Trail, 8'h Floor Naples, Florida 34112 (941) 774-8400 - Telephone (941)774-0225 - Facsimile /~HR;STO?[ ;ER LO~O, ESQ. ~/l=lorida Bar No. 372641 A.ttorney for Plaintiffs Florida Bar No. 0970336 Attorney for Collier County . 1 B,(~_ .~:t~,J~UNTY CbMMISSlONERS <'-O.'F:~:6'LJ~i',~:~0~... NTY, FLORIDA, AS THE :f"'~tG. O,.VER'~'I~.g:.J}'?.'~..Y OF COLLIER COUNTY ?A'ND AS :EX.-~FF..I~IO THE GOVERNING ~'~CS~'D. OF THE,COLLIER COUNTY · ,ii',,,':':" ~ /O . By: BA Attest as to Chairman's signature FRANK A. PENA Signature /,,/- ,:e- ~,s::' Da~e Executed MAYRA D. PENA ,'//-"/r Date ExeCuted / .51~,Aatu~'-"- ' Signa-l~re ' Dale Executed Dale Ex~ h:litigation~oena~Slipulated Notice of Dismissal w~orejudice-MWP 2 DOCUMENT NOT RECEIVED IN CLERK'S OFFICE AS OF 11/30/99 ~61 3 DOCUMENT NOT RECEIVED IN CLERK'S OFFICE AS OF 11/30/99 DOCUMENT NOT RECEIVED IN CLERK'S OFFICE AS OF 11/30/99 161 5 DOCUMENT NOT RECEIVED IN CLERK'S OFFICE AS OF 11/30/99 161 6 DOCUMENT NOT RECEIVED IN CLERK'S OFFICE AS OF 11/30/99 Haples Daily Nevs Naples, FL 34102 Affidavit of Publication Naples Daily Nevs BOARD OF COUNTY COflHISSIONERS ATTH: HIATTA SIRLEAF PO BOX ~13016 NAPLES FL 3~,101-3016 REFERENCE: 001230 #912501 57800967 CU-98-17 NOTZCE OF P State of FLorida County of Collier Before the undersigned authority, personally appeared John E. Taylor, ~ho o~ oath says that he serves as Assistant Controller of the Naples 0aiL~ Ne~s, a daily nevspaper published at Naples, in Collier County, Florida: that the attached copy of advertising vas published in said newspaper on dates listed. Affiant further says t~t the said Naples 0oily Hera ia a n~spaper ~lished at Naples, in said Collier County~ Florida, aN t~t the said newspaper has heretofore ~ =ttnuou$ly ~ltshed in utd Collier C=ty, FLorida, each day and baa been e~tered es se~ class eatl · atter at the po~t office in Naples, in said Collier C=ty, Florida, for a pert~ of I year next preceding the first publication of the attached co~:ry of adverti~nt; and affiant further says that she has neither paid nor proetsed any person, firm or c=ratton any discount, r~te, c=is$ion or refund for the pur~$e of securing this advertisement for publtcati~ in the said ne~sHper. P~LISHED ON: 12/27 AD SPACE: 10~. 0(X) FZLED ON: 12/28/98 .... ......................... Signature of Affiant S~orn to and Subscribed ~r'e .e this ~ day of ~ 19-~ ]oyce E. Blozier COt/v. ISSigN .e CC707521 EXPIRES April 10, 2002 CU.91.17 NOTICE OF PUBLIC I-~_ARING Notice Is hereby given that the Board of County Commissioners of Collier Count~/, w~ll hold 0 I:~lt~lc hearing on TUESDAY, JANUARY 1:2, 1999, the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tomlami Troll, Naples, Florida. The meeting will begin at 9:00 A.M. The I~ord will consid- er Petition No. CU-- 9~.17, Dwight Not,eau of AAcAnl¥ Engineering & Design, Inc., re~re- senting Everglades Golf Corporation, re- questing Conditional use "17" of the 'A" zoning district for o go~f course and related uses per Sectk~ 2.2.2.3 of the Land Develop- ment Co~e for property located Of the eastern terminus of Vonderbllf Beoch ROOd Er~Sia~ Immediately the CyPress Canal, o~e and one-half miles east of C.R. 951, In Section 36, Township 48 South, Range 26 East, Cailler County, I:lorldo, cons/s- ting of 261 plus or min- NOTE; All ~err~)ns wish- lng to t~oeok on any agen- da item must register wi~ the County administrator PRIOR to presentation the agenda item to be dressed. IndJvld~Jol ef~ will be IImltec~ to minutes on any item. The selectlo~ Of on Indlvlduo~ to s~ea~ on behatt of on organization or grou~ Is encouragecL ff recognized by the Chairman, a sDokesaerso~ for a grou~ or organization may be k~tted 10 minutes to s~eak o~ on item. Persons wishing to have wrUten or graphiC matt~oJs I~clucled in the Boord agenda packets must submit sold materla~ a minimum of 3 weeks ~rlor to the respective ~ubllc hearing. In any case, written materials In- tended to be considered by the Board shall be sub- miffed to the aC~'oprlate County staff a minimum of seven days ~'lor to pub41c hearing. All rnoterl. al used In presentations betoce the ~3ard will be. come o Permanent part of the record. Any person who decid- es to a~peol o decision Of the Board vdll need a re- cord Of the proceedings pertaining thereto, and therefore, may need to ensure mat a verbatim record of the proceedings Is made, which record In- cludes the testimony evldeflce upon which the oopeol Is to be bosecL BOARD OF COUNTY COM.6~ISSIONERS COLLIER COUNTY, FLORIDA BARBARA B, BERRY, CHAIRMAN DWIGHT E. BROCK, CLERK BY:./S/Lisa Sfeele~ .Cler~ NO. 1315~4 · O.' PAM PERRELL ~.~: NAPLES ~ATT.Y .N'~,~ ~ ~1~: 263-4703 · ~: LISA STEELE November 23, 1998 Ms. Pam Perrell Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Conditional Use 98-17 Everglades Golf Corporation Dear Pam: Please advertise the above referenced notice one time on Sunday, December 27, 1998, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Lisa Steele, Deputy Clerk Purchase No. 912501 NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County, will hold a public hearing on TUESDAY, JANUARY 12, 1999, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The Board will consider Petition No.CU-98-17, Dwight Nadeau of McAnly Engineering & Design, Inc., representing Everglades Golf Corporation, requesting Conditional use "17" of the "A" zoning district for a golf course and related uses per Section 2.2.2.3 of the Land Development Code for property located at the easterly terminus of Vanderbilt Beach Road Extension, immediately north of the Cypress Canal, one and one-half miles east of C.R. 951, in Section 36, To~ship 48 South, Range 26 East, Collier County, Florida, consisting of 261 plus or minus acres. NOTE: Ail persons wishing to speak on any agenda item must register wit~ the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations.before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto, and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. BOARD OF COUNTY COP[MISSIONERS COLLIER COUNTY, FLORIDA BARBARA B. BERRY, CHAIRMAN I I IIIII IIIIIIIIIII I III II II DWIGHT E. BROCK, CLERK By: /s/Lisa Steele, Deputy Clerk (SEAL) ii November 23, 1998 Everglades Golf Corporation C/O Quinby Realty 3775 Airport Road Naples, FL 34105 Public Hearing to Consider CU-98-17 Everglades Golf Corporation (Vanderbilt Beach Road Extension) Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, January 12, 1999 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, December 27, 1998. You are invited to attend this public hearing. Sincerely, Lisa Steele, Deputy Clerk Enclosure November 23, 1998 Dwight Nadeau McAnly Engineering & Design, Inc. 5101 E. Tamiami Trail Suite 202 Naples, FL 34113 Public Hearing to Consider CU-98-17 Everglades Golf Corporation (Vanderbilt Beach Road Extension) Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, January 12, 1999 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, December 27, 1998. You are invited to attend this public hearing. Sincerely, Lisa Steele, Deputy Clerk Enclosure ' \ ~ COLLIER COUNTY FLORIDA REQtS'I~FOR LEGAL ADVERTISING OF PUBLIC IIEARINGS To: Clerk to the Iga~.d: Please place the flfilowing as a: XXX Normal legal Advcrlisemcnt (Display Ad,,'.. location, crc.) I-] Other: Petition No. (If none. givcbricfdcscripliony .CU-9,x-17 ~ ~ ' ;" '~'" '"' Petitioner: (Name & Address): Everglades Golf Corporation. % Quinl:q' Realty, 3775 Airport Road, Naples, FL 34105 Name & Address of an)' pcrsonfs) lo bc notified by Clerk's Office: (If more space is needed, allacb separate sheel) Dwight Nadean, McAnlv En~.inccring & Design. Inc., 5101 E. Tamiami Trail, Suite 202, Naples, FL 34113 '" tlearmg Ix:fore BCe XXX BZA Ofl~cr Reques,ed Hearing date: !/ t ~l~cl Basedonadvenisement appearm,~ l.S days before hearing. NewspaperCs~ to be use& (Complete only if important~: XXX Naples Daily Nc~s's Other [] Legally Rcq.ircd Proposed Text: {lnclude legal description & common location & Size: .Petit/on No. CU-98-17, Dwight Nadeau of MeAnly Engineering & Design, Inc.. reoresenting Everglades Golf Cort~oraffon, requesting Conditional Use "17" of the "A" zoning districi .for a golf course and related uses per Section 2.2.2.3 of the Land Do,'elopmenl Code for property located al Ihe eastern terminus of ,Vandcrb It Bench Road Extension, immedi:_~lch: north of the Cypress Canal, one and one-half miles casl of C.R 951, in Seclion 36, .Township48 South, Range 26 East, Collier Coumv, Florida, consisting of 261 plus or mim,s acres. Companion petition(s), if any &proposcd hcarmg dale: Docs Petition Fcc include advertising cost'? [~/Ycs 113-138312-6491 I0 Reviews cd by: iv s~on Head List Altachmcnls: [] No Da'~c if Yes. what account should be charged for advertising costs: Approved by: Counly Manager Date DISTRIBUTION INSTRUCTIONS For hearings before BCC or BZA: Initiating person lo complete one coy and obtain Division tlead approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessao' legal review, or request for same, is submitted to County Attorney hcfore suhmittiug to County Manager. The Manager's office will distribute COl)lC.n: [] Count)' Manager agenda file: to [] Requesting Division [] Original Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office. retaining a cop), for file. FOR CLERK'S OFFICE USE ONL/Y: / Date Received:_/'/./~.~./~ Date of Public ,,earing: (Z.~! Date Advertised: RESOLUTION 99- A i:ESOLUTiC~! PROVIDING FOR THE ESTABLISHMENT 'OF A GOLF CCURSE CONDITIONAL USE "]7" IN THE "A" AGRICULTURE ZONING DISTRICT PURSUANT TO SECTION 2.2.2.3 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED SECTION 36, TOWNSHIP 48 SOUTH, RANGE 26 EAST, JOLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter g7-i246, Laws cf Florida, and Chapter 125, Florida Statutes, has conferred cn Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of ~he public; and WHEREAS, the County pursuant thereto has adopted a Land Levelcpment Code {Ordinance No. 91-102) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, the Collier County Planning Commissicn, being the duly appointed and constltuLed planning board for the area hereby affected, has held a pubf ;c hearing after notice as in said regulations made and provided, and has considered the advisability of Conditional [/se "!7" of Section 2.2.2.3 in an "A" Rural Agricultural Zone for a golf course on the property hereinafter described, and has found as a matter of fact (Exhibit "A") that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 2.7.4.4 of the Land Development Code for the Collier County Planning Commission; and WHEREAS, al! interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF ZONING APPEALS of Collier County, Florida that: The petition filed by Dwight Nadeau of McAnly Engineering and Design, inc., representina Everglgdes Golf Corporation with respec% to the uroperty hereinafter described as: Exhibit "B" which ts attached hereto and incorporated reference herein be and the same is hereby approved for Conditional Use "17" of Section 2.2.2.3 cf the "A" Rural Agricultural Zoning District for a golf course in accordance with the Conceptual Master Plan (Exhibit "C") and subject to the following conditions: Prior to approval of construction plans, the Petitioner shall submit to the Transportation Services Director, evidence that the Petitioner has the right to make improvements to Douglas Road. 2. improvements to Douglas Road or Vanderbilt Beach Road are not eligible for road impact fee credits. Arterial level street lighting shall be provided at the intersection of Douglas Road and Vanderbilt Beach Road, prior to the issuance of a Certificate of Occupancy. 4. There shall be no direct access to Vanderbilt Beach Road. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this day of , 1999. BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA ATTEST: DWIGHT E. BROCK, Clerk BY: Chairman Approved as to Form and Legal Sufficiency: Assistant County Attorney FINDING OF FACT BY 2DLLiER COUNTY PLA~ING COMMISSION FOR A C~NDITIONAL USE PETITION FOR CU-98-17 The following facts are found: Section 2.2.2.3.17 of the Land Development Code authorized the conditional use. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: ao Consistency with the Land Development Code and Growth Management Plan: Yes No Bo Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes No Affects neighboring properties in relation to noise, glare, economic or odor effects: No affec~ or Affect mitigated by Affect cannot be mitigated D° Compatibility with adjacent properties and other property in the district: Compatible use within district Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval DATE: CHAIRMAN: f/CU-RS-i? FIelDING OF FACT CHAIP~MAN/ EXHIBIT "%" ~ ~ ~ I III I I I I I I IIIII I IIII IIIIIIIIIII ~ III ................... ........ I GOLF CLUB OF THE EVERGLADES EX~IPIT ' f . LEGAL DESCRIPTION !I7PARCEL OF LAND LYING IN THE EAST HALF OF SECTION 36, TOWNSHIP 48 SOUTH. RANGE · EAST. COLLIER COUNTY. FLORIDA. AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: · ~T}{E EAST HALF OF SECTION 36. TOWNSHIP 48 SOUTH. RANGE 27 EAST. LESS THE NORTHWEST :~QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION AND THE NORTH HALF OF THE ~NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION. · SAID PARCEL CONTAINING 261.85 ACRES MORE OR L SS. SUBJECT TO EASEMENTS. RESTRICTIONS ~:%ND RESERVATIONS OF RECORD GOLF CLUB OF THE EVERGLADES LTu'~D USE TABLE COLt COL/R/E: 1~3 TO?Ai~ 2~t -' A~,'JRES E. ~'TA?~ ~'~.~ ! ........... | EXHIBIT "C'° RESOLUTION 99-6~_]__ A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF A GOLF COURSE CONDITIONAL USE "17" IN THE "A" AGRICULTURE ZONING DISTRICT PURSUANT TO SECTION 2.2.2.3 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 36, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, the Collier County Planning Commission, being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing ~fter notice as in said regulations made and provided, and has considered the advisability of Conditional Use "17" of Section 2.2.2.3 in an "A" Rural Agricultural Zone for a golf course on the property hereinafter described, and has found as a matter of fact (Exhibit "A") that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 2.7.4.4 of the Land Development Code for the Collier County Planning Commission; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF ZONING APPEALS of Collier County, Florida that: The petition filed by Dwight Nadeau of McAnly Engineering and Design, Inc., representing Everglades Golf Corporation with respect to the property hereinafter described as: Exhibit "B" which is attached hereto and incorporated by reference herein be and the same is hereby approved for Conditional Use "17" of Section 2.2.2.3 of the "A" Rural Agricultural Zoning District for a golf course in accordance with the Conceptual Master Plan (Exhibit "C") and subject to the following conditions: Prior to approval of construction plans, the Petitioner shall submit to the Transportation Services Director, evidence that the Petitioner has the right to make improvements to Douglas Road. 2. Improvements to Douglas Road or Vanderbilt Beach Road are not eligible for road impact fee credits. 3 o Arterial level street lighting shall be provided at the intersection of Douglas Road and Vanderbilt Beach Road, prior to the issuance of a Certificate of Occupancy. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this ./~ day of ~ , 1999. BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA Attest as to Chairman's signature only. ATTEST: DWIGHT Eo BROCK,% Clerk ~pproved a~ to ~orm and ~egal Sufficiency: ~arjorie ~. Studene ~8~i~tant Count7 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-98-17 The following facts are found: Section 2.2.2.3.17 of the Land Development Code authorized the conditional use. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: ao Consistency with the Land Development Code and Growth Management PYN Yes o B o Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & Yes ~/ No Co Affects n~ighboring properties in relation to glare.,,~onomic or odor effects: ~ No affect or Affect mitigated by Affect cannot be mitigated noise, Compatibility with adjacent properties and other property in the district: Compatible use~ithin district Yes ~/ No Based on the above findings, this con, ditional use shoul~'~ith stipulations, (copy attached)- (.sh~--~ --~-) be recomm~zOed/for approval I I / f/CU-98-17 FINDING OF FACT MEMBER/ E~IEIT "A" GOLF CLUB OF THE EVERGLADES · LEGAL DESCRIPTION A PARCEL OF LAND LYING IN THE EAST HALF OF SECTION 36, TOWNSHIP 48 SOUTH, RANGE · 27 EAST. COLLIER COUNTY. FLORIDA. AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: TIlE EAST HALF OF SECTION 36. TOWNSHIP 48 SOUTH, RANGE 27 EAST, LESS THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION AND THE NORTH HALF OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER ,.OF SAID SECTION· · SAID PARCEL CONTAINING 261.85 ACRES MORE OR LESS, SUBJECT TO EASEMENTS· RESTRICTIONS AXD RESERVATIONS OF RECORD GOLF CLUB OF THE EVERGLADES I.AND USE TARI~ C43L,a' COLq~E: lB3 '- A~ NapLes DaiLy N~s Haptes, FL 34102 Affidavit of PubLicati~ Naples Daily Ne~s BOARD OF COUNTY CO~M%SSIONERS ATTN: M%ATTA SIRLEAF PO BOX 413016 NAPLES FL ~101-~016 REFERENCE: 0012:50 #912501 S78007S2 CU-98,-20 NOTICE OF P State of FLorida County of CoLLier Before the undersigned authority, personaLLy appeared John E. TayLor, ~o on oath says that he serves as Assistant ControLLer of the Naples Oaily Ne~s, a daily newspaper published at NapLes, in CoLLier County, Florida: that the attached copy of ~vertising vas published in said ne~s~per on dates Listed. Affiant further says that the said Naples Daily Ne~s is a newspaper published at NapLes, in said CoLLier County, FLorida, end that the said newspaper has heretofore been continuously pubttahed in said CoLLier County, FLorida, each day and has been mqtered as second class mail matter et the post office in Naples, in said Cattier County, FLorida, for a period of I year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor proetsed mnyperson, firm or coporatton any discount, rebates commission or refund for the purpose of securing thta advertisement for publication in the said newspaper. PUaL%SHED 0fl: 12/27 AO SPACE: 98.000 INCH FILED Off: 12/28/98 CU-98-20 NOTICE OF PUBLIC HEARING Notice Is hereby given that the Board of County Commissioners of Countv~ will hold a public hearing on TUESDAY, JANUARY 12, 1999, In the Boardroom, 3rd Floor, Adm n stratlon Bu Id ng, CoUler County Government Center, 3301 East Tamlaml Trail, Naples, Florida. The meeting will begin cd 9.~0 AoM. The Booed will co~sld. ~' Petition No. CU-98.20, Donalcl A. Plckworth, P.A~ rel~esenflng Nooles .G~f Po~'rners, requesfln ~.ondltlonol Use "17" the "A" zoning dtstrk oer Section 2.2.2.3 foe gaff.course for property toco~ed to the no~-th of Tamioml Trail Eost (U.S 41) and along both sides of East Hamilton Rood In Section 17, Township 51 South, Range 27 East, consisting of 82.48 plus minus acres. NOTE: All Persons wishing to soeok on any agenda item must regis. mlnlstrofor PRIOR to Pcesentcdlofl of the ogen. da ffem to be oddressed. Indl¥1chJOl sOec~ers will be limited fo $ minutes on ony item. The Se flon of on Individual fo qo~lzcdion oe grouo Is couroged. If recognized by the Choirman, a sPokesPerson for a group or orgonlzcdlon may be otloffed 10 min. ~'ersons wish ng to hove efflffen or graphic materlols Included In the Board ogenda POCkets must submit said mated- al o minimum of 3 weeks ~rlor to the re~oectlve public he~lng. In any n se" wr~en rncderlols erred to be ered by the Board shall be submlffed to the op- pr.o~. Icde COUnty staff o mm~mum of seven days fnrlor to the publlc hear. g. All material used In Presentcdlo~s before the Board will become o per. martens port cd the re- Cord. Any Person who decld. es to c~neal a decision ot the Board will need o re- cord .~ the. ~roceedln~ pet-raining mereto, and therefore, may need th j r,~e~,e r~ e ve~oo.m ~ r,~eFor.d of ~e r'rocee~, ~rms !s .mode, whk:h re. cora Includes the tesflmo~ and evidence j .upon which ~e appeal Is I BOARD OF COUN?Y COMMISSIONERS COLLIER COUNTY, FLORIDA BARBARA B, BERRY, WI~AIRMAN IGHT E. BROCK, CLERK B~/s/LI~ Steele, Dec. 27 No. 1313512 PAM PERRELL NAPLES pAILY 263-4703 · l;'~0~[: LISA STEELE LOCAT~(]N: COX,I.,IER Co~arx'f COUR~OU~ ~ No: (941) ?94-s4os P~QN~ No: (941) 774-8406. i November 17, 1998 Ms. Pam Purell Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Conditional Use 98-20 Naples Golf Partners Dear Pam: Please advertise the above referenced notice one time on Sunday, December 27, 1998, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Lisa Steele, Deputy Clerk Purchase No. 912501 NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County, will hold a public hearing on TUESDAY, JANUARY 12, 1999, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The Board will consider Petition No.CU-98-20 , Donald A. Pickworth, P.A., representing Naples Golf Partners, requesting Conditional Use "17" of the "A" zoning district per Section 2.2.2.3 for a golf course for property located to the north of Tamiami Trail East (U.S. 41) and along both sides of East Hamilton Road in Section 17, Township 51 South, Range 27 East, consisting of 82.48 plus or minus acres. NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto, and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BARBARA B. BERRY, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Lisa Steele, Deputy Clerk ( SEAL ) November 17, 1998 Naples Golf Partners 22 Sunningdale Drive Grosse Pointe Shores, MI 48236 Public Hearing to Consider CU-98-20 Golf Course Property Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, January 12, 1999 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, December 27, 1998. You are invited to attend this public hearing. Sincerely, Lisa Steele, Deputy Clerk Enclosure November 1V, 1998 Donald A. Pickworth, P.A. Suite 602 ~;ewgate Tower 5150 North Tamiami Trail Naples, FL 34103 Public Hearing to Consider CU-98-20 Golf Course Property Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, January 12, 1999 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, December 27, 1998. You are invited to attend this public hearing. Sincerely, Lisa Steele, Deputy Clerk Enclosure · COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC llEARINGS To: Clerk to thc Board: Please place thc fifllon'ing as a: ~XX Normal legal Advertisement Other: (Display Ad,,'.. location, etc.) - n ~/"'~/ Originating Dcpt] Div: Comm. Dev. Scv,'./Planning ?erso : ~..~ ,~.~_~-~_~ · Petition No. (If none. give brief description): CU-98-20 Petitioner: {`Name & Address}: Naples Golf Partners, 22 Sunningdale Drive, Grosse Poinlc Shores, MI 48236 Name & Address of any person(s) to be notified by Clerk's Office: {,If more space is needed, attach separate sheel) Donald A. Pickworlh, P.A., Suite 602, Newgate Tower, 5150 North Tamiami .Trail, Naples, [:L 34 Hearing before BCC XXX BZA Requested Heating date: Other . Ba~ed on advertisement appearing 15 days before heating. Newspaper(s) to be used: (Complete only if important): XXX Naples Daily News Other [] Legally Required Proposed Text: (Include legal description & common location & Size: Petition No. CU-98-20, Donald A. Pickwonh, P A,, representing Naples Golf Panners, requesting Conditional l,J,~ "17' 0flhe "A" zoning district per Section 2.2.2.3 for a golf course for property located lo the north of Tamiami Trail East (U.S. 411 and along both sides of East Hamilton Road in Section 17, ~. Township 51 South, Range 27 East, consisting of 82,48 plus 0r minus 0¢res. , Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? [~es [] bio If Yes, what account should be charged for advertising costs: I 13-138312-649110 '~ ~ ':I I 2- ~o { Approved by: Reviewed by: .: ,~ · Division Head Date County Manager Date List Atlachments: DISTRIBUTION INSTRUCTIONS A. For hearings before Bce or BZA: Initiating person to complete one coy and obtain Division llead approval before submitting to County Manager. Note: If legal document i$ involved, be sure that any necessary legal review, or request for .~ame, is submitted to County Attorney befi~re ~ubmitting to County Manager. The Manager's office will distribute copies: [] County Manager agenda file: to [] Requesting Division [] Origlnal Clerk's Office B. Other hearings: Initialing Division head to approve and submit original to Clerk's Office. retaining a copy for file. CL£R.'S OmCE ONYX: / I FOR ,/?/,,/~//Y,/' Date of Public hearing:l!t--.~,~ Date Advertised: I.~ Date Received: RESOI,UT IO,~] 99- A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF A GOLF COURSE CONDITIONAL USE "17" IN THE "A" ZONING DISTRICT PURSUANT TO SECTION 2.2.2.3 OF THE COLLIER COUNTY LA:iD DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 17, TOWNSHIP 51 SOUTH, F~.NGE 27 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, the Collier County Planning Commission, being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of Conditional Use "17" of Section 2.2.2.3 in an "A" Zone for a golf course on the property hereinafter described, and has found as a matter of fact (Exhibit "A") that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 2.7.4.4 of the Land Development Code for the Collier County Planning Commission; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE BE IT RESOLVED, BY THE'BOARD OF ZONING APPEALS of Collier County, Florida that: The petition filed by Donald A. Pickworth, P.A. representing Naples Golf Partners with respect to the property hereinafter described as: Exhibit "B" which is attached hereto and incorporated by refe~vnc~ ~ herein be and the same is hereby approved for Conditional Use "17" of Section 2.2.2.3 o~ the "A" Zoning District for a golf course in accordance with the Conceptual Master Plan (Exhibit "C") and subject to the fo!!o>:ing conditions: cn~inc facilities shall be arranged in a manner that protects roadways and neighboring properties from direct glare or other interference. o Parking spaces for the disabled shall be arranged so that the person is not required to wheel behind another vehicle. 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 th~ discovery shall be in~nediately stoppe~ and the Collier County Code Enforcement Department contacted. Permits or letters of exemption from the U.S. Army Corps of Engineers (ACOE) and the South Florida Water Management District (SFWMD) shall be presented prior to final site plan/construction plan approval. An appropriate portion of native vegetation shall be retained on site as required in Section 3.9.5.5.4. of the Land Development Code. ° An exotic vegetation removal, monitoring, and maintenance (exotic free) plan for the site, with emphasis on areas of retained native vegetation, shall be submitted to Current Planning Environmental Staff for review and approval prior to final site plan/ construction plan approval. A schedule for exotic vegetation removal within all areas of retained native vegetation shall be submitted with the above mentioned plan. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. IIIIIII llll II iiii iiiiiii Ill III II This Resolution adopted after motion, second and majority vote. Done this day of , 1999. ATTEST: DWIGHT E. BROCK, Clerk Approved as to Form and Legal Sufficiency: harj6j~e M. Sthd'ent Assistant County Attorney f/CU-98-20 RESOLUTIOn; BOARD OF ZOOMING APPEALS COLLIER COU}~TY, FLORIDA BY: Chairman FINDING OF FACT BY COLLIER COUNTY PLANNING CO~4ISSION FOR A CO~ITIONAL USE PETITION FOR CU-98-20 The following facts are found: Section 2.2.2.3.17 of the Land Development Code authorized the conditional use. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A° Consistency with the Land Development Code and Growth Management Plan: Yes No Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes No Affects neighboring properties in relation to noise, glare, economic or odor effects: , ~ .~. No affect or Affect m%tigated by . Affect cannot be mitigated D° Compatibility with adjacent properties and other property in the district: Compatible use within district Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval DATE: CHAIRMAN: f/CU-9~-':'O FIN1~I}IG OF FACT EXHIBIT "A" I IIII I I II I II II III I I I I I III I II i i i i EXHIBIT "A" PARCEL 1: BEGINNING AT I'ItE SOUTHEAST COtLNER OF TIlE SOUTItEAST QUARTER (SE 1/-:) OF THE SOUTtt~,ZST QUARTER (SW 1/4) OF SECTION 17 AND THE NORTHEAST CORNER OF TttE NORTItEAST QUARTER (NE !/4) OF THE NORTHWEST QUARTER (NW I/4) OF SECTION 20 RUN NORTtl ALONG THE EAST BOUNDARY LINE OF THE EAST HALF (E I/2) OF TIlE SOUTIIWEST QUARTER (SW 1!4) (APPROXIMATELY N.00°36'45"E.) FOR 129.00 FEET TO A MARKER. BEING THE POINT OF BEGINniNG, THENCE CONTINUE ALONG SAID EAST BOUNDARY LINE AT N.00°36'45"E. FOR 2551.34 FEET TO A CONCRETE MARKER. SAME BEING THE NORTHEAST CORNER OF TIlE NORTHEAST QUARTER (NE 1/4) OF TIlE SOUTHWEST QUARTER (SW 1/4) OF SECTION 17; THENCE WEST ALONG THE NORTtt BOb,~DARY LINE OF THE NORTHEAST QUARTER (NE i/4) OF TIlE SOUTttWEST QUARTER (SW 1/4), (APPROXIMATELY N.gg°44'00"W.), OF SECTION 17 FOR 1326.25 FEET TO A MARKER: TIIENCE SOUTtt ALONG 'l-tiE WEST BOUNDARY LINE OF THE EAST ttALF (E i!2) OF TIlE SOUTHWEST QUARTER (SW I/4), (APPROXIbL4TELY S.00°35'20"W.) OF SECTION 17 FOR 1613.36 FEET TO MARKER, THENCE SOUTHEASTERLY (APPROXIMATELY S.53°40'50"E.) AND PARALLEL TO AND 400.00 FEET BY PERPENDICULAR MEASUREMENT TO THE NORTHERLY RIGHT-OF-WAY LINE OF US ltlGHWAY 41 FOR 1642.7 FEET TO TIlE POINT OF BEGINNING. PARCEL 2: BEGINNING AT Tile SOUTHEAST CORNER OF THE SOUTttEAST QUARTER (SE i,'4) OF THE SOUTHWEST QUARTER (SW 1/4) OF SECTION 17 AND THE NORTHEAST CORNER OF THE NORTHEAST QUARTER (NE 1/4) OF THE NORTItWEST QUARTER (NW I/4) OF SECTION 20 RUN NORTH ALONG THE EAST BOUNDARY LINE OF THE EAST HALF (E If2) OF Tile SOUTHWEST QUARTER (SW I/4) (APPROXi~LATELY N.O0°36'45"E.) FOR 129.00 FEET, MORE OR LESS, TO A MARKER, THENCE NORTHWESTERLY (APPROXIMATELY N.53°40'50"W.) ALONG A LINE PARALLEL TO AND 400 FEET BY PERPENDICULAR MEASUREMENT TO THE NORTHERLY RIGHT-OF-WAY LINE OF US IIIGtlWAY 41 (TAMIAMI TRAIL) FOR A DISTANCE OF Sl6.00 FEET, MORE OR LESS, TO A ' POINT ON THE CENTER LINE OF AN EXISTING ROAD; WHICH BISECTS THE EAST HALF (E 1/2) OF THE WEST HALF FO SECTION 17, SAID POINT ON THE CENTER LINE OF SAID EXISTING ROAD BEING THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID NORTttWESTERLY LINE FOR A DISTANCE OF S22.00 FEET, MORE OR LESS. UNTIL REACHING THE EAST BOUNDARY LINE OF THE SOUTIIWEST QUARTER (SW 1/4) OF THE SOUTtlWEST QUARTER (SW I/4) OF SECTION 17 (SAID NORTHWESTERLY LINE ABUTS TttE SOUTHERLY BOUNDARY OF LAND, 63 ACRES, MORE OR LESS CONVEYED TO tIENRY C. HIXSON BY DEED DATED/l/NE 9, 1976), THENCE SOUTH (APPROXIMATELY S.00°35'20"W.) ALONG SAID EAST BOUNDARY LINE FOR A DISTANCE OF 492.00 FEET, MORE OR LESS, UNTIL REACHING A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF US HIGHWAY 41 (TAMIAMI TRAIL); THENCE SOUTHEASTERLY ALONG THE NORTItERLY RIGItT-OF-WAY (APPROXIMATELY S.53°40'50"E.)OF US HIGIIWAY 41 FOR A DISTANCE OF 533.00 FEET. MORE OR LESS, TO THE CENTER LINE OF THE EXISTING ROAD WHERE IT INTERSECTS AND IS PERPENDICULAR TO US HIGHWAY 41; THENCE NORTHERLY (APPROXI~LATELY N.36°I3'10"E.) ALONG THE CENTER LINE OF SAID ROAD FOR A DISTANCE OF 400.00 FEET TO THE POINT OF BEGINNING. EXHIBIT "B" Pqe I of 2 PARCEL 3: A PARCEL OF LAND LYING IN SECTION 17, TOV~,NSHIP 51 SOUTH. RANGE 27 EAST, COLLIER COUNTY. FLORIDA, ALSO BEING A PART OF LANDS DESCRIBED IN OFFICIAL RECORD F~OOK 324. PAGE 149 OF THE PUBLIC RECO?d)S OF COLLIER. COU.~TY. FLORIDA. SAID PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF TIlE SOUTHWEST QUARTER (SW !/4) OF SAID SECTION I?; TtlENCE N.O0°2?'26"E. ALONG THE EASTERLY LINE OF SAID SOUTttWEST QUARTER (SW !/4) FOR A DISTANCE OF 128.90 FEET TO AN INTERSECTION WITH A LINE 400.00 FEET NORTItEASTERLY OF AS MEASURED AT RIGHT ANGLES TO AN PARALLEL WITtl TIlE NORTttEASTERLY RIGHT-OF-WAY LINE OF TAMIAMI TRAIL (US ttlGHWAY 41, STATE ROAD 90); THENCE N.54°ii'31"W. ALONG SAID PARALLEL LINE FOR A DISTANCE OF 750.08 FEET; THENCE N.54°22'01~W. CONTINUING ALONG SAID PARALLEL LINE FOR A DISTANCE OF 65.55 FEET TO AN INTERSECTION WITH THE CENTERLINE OF AN EXISTING ROAD; THENCE S.35°37'59"W. ALONG SAID CENTERLINE FOR A DISTANCE OF 400.00 FEET TO AN INTERSECTION WITH THE SAID NORTIlEASTERLY RIGtIT-OF-WAY LINE OF TAMIAMI TRAIL; THENCE N.$4°22'01"W. ALONG SAID NORTttEASTERLY RIGHT-OF-WAY LINE FOR A DISTANCE OF $24.47 FEET TO AN INTERSECTION WITH THE EASTERLY LINE OF THE WEST HALF OF THE SOUTHWEST QUARTER (SW !/4) OF SAID SECTION 17, THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN BEING DESCRIBED; THENCE N.54°22'01"W. CONTINUING ALONG SAID NORTHEASTERLY RIGHT-OF-WAY LINE OF TAMIAMI TRAIL FOR A DISTANCE OF !106.30 FEET TO AN INTERSECTION WITH THE CENTERLINE OF AN EXISTING ROAD; THENCE N.35°37'59"E. ALONG SAID CENTERLINE FOR A DISTANCE OF 402.60 FEET; THENCE S.89°30'23-E. FOR A DISTANCE OF 672.96 FEET TO AN INTERSECTION WITH 'HIE AFORESAID EASTERLY LINE OF THE WEST HALF OF THE SOUTHV/EST QUARTER (SW i/4) OF SECTION 17; THENCE S.00°29'37"W. ALONG SAID EASTERLY LINE FOR A DISTANCE OF 965.98 FEET TO THE POINT OF BEGINNING. ABOVE SAID THREE PARCELS OF LAND CONTAINING 82.48 ACRES, MORE OR LESS. Page 2 of 2 il : Iii! v. J I9 Il III'I'I'I:I,I'I'I:H'-I:I'I:I'I'I'I:I,I,I,I~:I I:I'I'I:I:H'I'I'I:i,I,I'!:I,I,I,I,I,I,, "l I'I'H'I'H-i-H'I'I'b ..... H- 'ltl ill;tljl I ! SEP 2 98-20 ' 17B RESOLUTION 99-f~__ A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF A GOLF COURSE CONDITIONAL USE "17" IN THE "A" ZONING DISTRICT PURSUANT TO SECTION 2.2.2.3 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 17, TOWNSHIP 51 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, the Collier County Planning Commission, being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of Conditional Use "17" of Section 2.2.2.3 in an "A" Zone for a golf course on the property hereinafter described, and has found as a matter of fact (Exhibit "A") that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 2.7.4.4 of the Land Development Code for the Collier County Planning Commission; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF ZONING APPEALS of Collier County, Florida that: The petition filed by Donald A. Pickworth, P.A. representing Naples Golf Partners with respect to the property hereinafter described as: Exhibit "B" which is attached hereto and incorporated by reference herein be and the same is hereby approved for Conditional Use "17" of Section 2.2.2.3 of the "A" Zoning District for a golf course in accordance with the Conceptual Master Plan (Exhibit "C") and subject to the following conditions: Lighting facilities shall be arranged in a manner that protects roadways and neighboring properties from direct glare or other interference. o Parking spaces for the disabled shall be arranged so that the person is not required to wheel behind another vehicle. 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. Permits or letters of exemption from the U.S. Army Corps of Engineers (ACOE) and the South Florida Water Management District (SFWMD) shall be presented prior to final site plan/construction plan approval. An appropriate portion of native vegetation shall be retained on site as required in Section 3.9.5.5.4. of the Land Development Code. An exotic vegetation removal, monitoring, and maintenance (exotic free) plan for the site, with emphasis on areas of retained native vegetation, shall be submitted to Current Planning Environmental Staff for review and approval prior to final site plan/ construction plan approval. A schedule for exotic vegetation removal within all areas of retained native vegetation shall be submitted with the adore mentioned plan. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this ~ day of ~~4~, 1999. D~I~H¥.:~..' ~ROCK, Clerk ~. siOnature'odl ~. Approved'as' to Form and Legal' sufficiency: Marjo~ie M. Student Assistant County Attorney f/CU-98-20 ~L~OLU~ I O~i BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA BY:~man FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-98-20 17El The following facts are found: Section 2.2.2.3.17 of the Land Development Code authorized the conditional use. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: Consistency with the Land Development Code and Growth Management Plan: Yes /~ No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes .)<~. No C. Affects neighboring properties in relation to noise, , economic or d~r effects: No affect or ~l~ Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use wi~h}n district Yes .~L No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval f/CU-98-20 FINDING OF FACT CHAIRMAH/ EXHIBIT "A" PARCEL I: BEGINNING AT TIlE SOUTIIEAST CORNER OF TIlE SOUTttEAST QUARTER (SE !/4) OF TIlE SOUTItWEST QUARTER (SW 1/4) OF SECTION 17 AND THE NORTIIEAST CORNER OF Tile NORTitEAST QUARTER (NE I;4) OF THE NORTHWEST QUARTER (NW I/4) OF SECTION 20 RUN NORTtl ALONG THE EAST BOb~DARY LINE OF TIlE EAST tlALF (E I,~) OF TIlE SOUTIt~I~ST QUARTER (SW i/4) (APPROXIMATELY N.00°36'45"E.) FOR 129.00 FEET TO A MARKER. BEING THE POINT OF BEGINNING, THENCE CONTINUE ALONG SAID EAST BOUNDARY LINE AT N.00°36'45"E. FOR 2551.34 FEET TO A CONCRETE MARKER, SAME BEING THE NORTHEAST CORNER OF THE NORTHEAST QUARTER (NE 1/4) OF THE SOUTHWEST QUARTER (SW I/4) OF SECTION 17; TIIENCE WEST ALONG TIlE NORTI! BOb~DARY LINE OF THE NORTHEAST QUARTER (NE I/4) OF I'ttE SOUTItWEST QUARTER (SW 1;~), (APPROXIMATELY N.88°44'00"W.), O~: SECTION 17 FOR 1326.25 FEET TO A MARKER: TIIENCE SOUTH ALONG THE WEST BOUNDARY LINE OF TIlE EAST ttALF (E I/~) OF TIlE SOUTHWEST QUARTER (SW I/4), (APPROXIMATELY S.00°35'20"W.) OF SECTION 17 FOR 1613.36 FEET TO MARKER, THENCE SOUTHEASTERLY (APPROXIMATELY S33°40'50"E.) AND PARALLEL TO AND 400.00 FEET BY PER~£.~D$C~'LAR. ,MEASU~.M~-~T TO 'TI-IS 'NOR.T1-t~L¥ RIGHT-OF-~,'A¥ LI~E OF US HIGH g,'A Y 4 i FOR i 642.7 FEET TO THE POINT OF BEGINNING. PARCEL 2: BEGINNING AT THE SOUTHEAST CORNER. OF THE SOUTHEAST QUARTER. (SE !/4) OF THE SOUTHWEST QUARTER (SW' 1/4) OF SECTION 17 AND THE NORTHEAST CORNER OF THE NORTHEAST QUARTER (NE !/4) OF THE NORTHWEST QUARTER. (NW !/4) OF SECTION 20 RUN NORTIt ALONG THE EAST BOUNDARY LINE OF THE EAST tlALF (E !/2) OF THE SOUTHWEST QUARTER (SW I/4) (APPROXIMATELY N.00°36'45"E.) FOR 129.00 FEET, MORE OR LESS, TO A MARKER, THENCE NORTHWESTERLY (APPROXIMATELY N.53°40'50"W.) ALONG A LINE PARALLEL TO AND 400 FEET BY PERPENDICULAR MEASUREMENT TO THE NORTHERLY RIGHT-OF-WAY LINE OF US HIGHWAY 41 (TAMIAMI TRAIL) FOR A DISTANCE OF 816.00 FEET, MORE OR LESS, TO A POINT ON THE CENTER LINE OF AN EXISTING ROAD; WHICH BISECTS THE EAST HALF (E !/2) OF THE WEST HALF FO SECTION 17, SAID POINT ON THE CENTER LINE OF SAID EXISTING ROAD BEING THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID NORTitWESTERLY LINE FOR A DISTANCE OF g22.00 FEET, MORE OR LESS, UNTIL REACttING THE EAST BOUNDARY LINE OF THE SOUTHWEST QUARTER (SW 1/4) OF THE SOUTHWEST QUARTER (SW 1'4) OF SECTION 17 (SAID NORTItWESTERLY LINE ABUTS THE SOUTHERLY BOUNDARY OF LAND, 63 ACRES. MORE OR LESS CONVEYED TO HENRY C. tlIXSON BY DEED DATED JUNE 9, 1976), THENCE SOU'ttt (APPROXIMATELY S.00°35'20"W.) ALONG SAID EAST BOUNDARY LINE FOR A DISTANCE OF 492.00 FEET, MOR~ OR LESS, UNTIL REACHING A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF US HIGHWAY 41 (TAMIAMI TRAIL); THENCE SOUTHEASTERLY ALONG THE NORTHERLY RIGHT-OF-WAY (APPROXIMATELY S.53°40'50"E.) OF US HIGHWAY ,ti FOR A DISTANCE OF 533.00 FEET, MORE OR LESS, TO THE CENTER LINE OF TIlE EXISTING ROAD WHERE IT INTERSECTS AND IS PERPENDICULAR TO US HIGHWAY 41: THENCE NORTHERLY (APPROXIMATELY N.36°I3'I0"E.) ALONG THE CENTER LINE OF SAID ROAD FOR A DISTANCE OF ,100.00 FEET TO TIlE POINT OF BEGINNING. t:].X tt'l' R I T"R" P,~t,e I ~f'? PARCEL 3: A PARCEL OF LAND LYING IN SECTION 17. TO~AZNSltlP 51 SOUTH. RANGE 27 EAST. COLLIER CoL,rNTy. FLORIDA. ALSO BEING A PART OF LANDS DESCRIBED IN OFFICIAL RECORD BOOK 324. PAGE 149 OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA. SAID PARCEL OF LAND BEING N1ORE PARTICULARLY DESCRIBED AS FOLLOWS: CONIhlENCING AT THE SOUTHEAST CORNER OF TIlE SOUTHWEST QUARTER (SW I/4) OF SAID SECTION 17~ THENCE N,00°27'26"E. ALONG TIlE EASTERLY LINE OF SAID SOUTHWEST QUARTER (SW I/4) FOR A DISTANCE OF 128.90 FEET TO AN INTERSECTION WITI[ A LINE 400.00 FEET NORTItEASTERLY OF AS MEASURED AT RIGHT ANGLES TO AN PARALLEL WITIt THE NORTHEASTERLY RIGHT-OF-WAY LINE OF TAMIAMI TRAIL (US HIGHWAY 41, STATE ROAD 90); THENCE N.54°II'31"W. ALONG SAID PARALLEL LINE FOR A DISTANCE OF ?50.05 FEET: TtlENCE N.54°22'01"W. CONTINUING ALONG SAID PARALLEL LINE FOR A DISTANCE OF 65.55 FEET TO AN INTERSECTION WITH THE CENTERLINE OF AN EXISTING ROAD: TttENCE S.35°37'$9'W. ALONG SAID CENTERLINE FOR A DISTANCE OF 400.00 FEET TO AN INTERSECTION WITH THE SAID NORTIIEASTERLY RIGHT-OF-WAY LINE OF TAMIAMI TRAIL; THENCE N.54°22'01"W. ALONG SAID NORTItEASTERLY RIGHT-OF-WAY LINE FOR A DISTANCE OF 524.47 FEET TO AN INTERSECTION WITH THE EASTERLY LINE OF THE WEST HALF OF THE SOUTHWEST QUARTER (SW i/4) OF SAID SECTION 17, TIlE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN BEING DESCRIBED; THENCE N.54°22'0 i'W. CONTINUING ALONG SAID NORTHEASTERLY RIGHT-OF-WAY LINE OF TAMIAMI TRAIL FOR A DISTANCE OF !106.30 FEET TO AN INTERSECTION WITH THE CENTERLINE OF AN EX[STING ROAD; THENCE N.35°37'59"E. ALONG SAID CENTERLINE FOR A DISTANCE OF 402.60 FEET; THENCE s.gg°30'23"E. FOR A DISTANCE OF 672.96 FEET TO AN INTERSECTION WITH TIlE AFORESAID EASTERLY LINE OF TItE WEST HALF OF THE SOUTHWEST QUARTER (SW I/4) OF SECTION 17; THENCE S.00°29'37'~V. ALONG SAID EASTERLY LINE FOR A DISTANCE OF 965.95 FEET TO THE POINT OF BEGINNING. ABOVE SAID THREE PARCELS OF LAND CONTAINING 82.48 ACRES, MORE OR LESS. 'l' 11111, f! lil~ I~ I!~ I~H'I+I'H'I'i+I,H+H-H-H-Ikl t" ;1 .. ~ [ SEP 2 Exhibit "C" ,,, NapLes Oat [y Ne~s NapLes, FL 3&102 Affidavit of PubLication NapLes DaiLy Ne~s BOARD OF COUNTY COe~flISSIONERS ATTN: NIATTA SIRLEAF PO BOX 413016 NAPLES FL ~101-3016 REFERENCE: 001230 //912501 57800955 CU-98-21 NOT~CE OF P State of FLorida County of CoLLier Before the undersigned authority, personaLLy appeared John E. TayLor, ~o on oath says that he serves as Assistant ControLLer of the NapLes Oat[ Ne~s~ a daily newspaper published at Nap[es, in Co[tier County, FLorida: that the attached copy of advertising vas published in said newspaper on dates Listed. Affiant further ~ays that the said NapLes DaiLy Ne~s is a newspaper published at Nap[es, tn said CoLLier County~ FLorida, and that the said neaspaper has heretofore been continuously published in said Co[tier County, FLorida, each d~/ ~d has bee~ tmtered as second class .mt L · attar at the post office tn Nap[es, tn said CoLLier Camry, FLorida, for a period of 1 year next preceding the first pubLtcatto~ of the attached copy of adverttseaent; a~d affiant furthers that she has neither paid nor preatsedsaY~nY perm, fire of' coporatton any discount, rebate, comtsaton or refund for the purpose of securing thts adverttse~mt for publication in the said newspaper. PUBLISHED ON: 12/27 AD SPACE: 101.000 ZNCH FZLEO ON: 12/28/98 .f /~,;~.::.:~;'.,~ 3oyce E. Blozier · :..: :.i t,~ICOMMISSIONICCT02521 :-~. .", .~ April 10, 2002 III CU.9~.21 J NOTICE OF: PUBLIC HEARING Noflce is hereby given thof the Board of County Commissioners gl' Collier County, will hold O i~lc heurin~ o~ Te~-~T:I JANUARY 12, 1999, the Boardroom. 3rd Floor, Admlnlsfratlon Building, Collier County Government Center, 3301 East Tomlaml Troll, Naples, Florida. The meeting will be~ln cd 9:00 The Board will consk~ er Peittion No. CU-. 98.21, gr~ce J. Sicll. long, AICP, of Aonolt, .Barber & Brundoge, ~nC. re~resenting Nor~ No,les Baptist Church, reca~estlng Condl~o~ol Use '1" of the 'E' zon- Ing district for a church exponslon for praperfv Iocofed on the west side of Ookes Boule- yard between Voncler. bill Beach Rood and Immok~ee Roc~l fur. ther clescrllx~l os Tract bC,o~defl C~te Estates nit ~7, Section Township ,11 SOuth, Range f6 East, flq of $.32 pt~ or mira NOTE: All Persofl~ wish. o..to ~e~k on any ~ tern must reolste~ with the County ach~lnfs~-ator the oge~lo item to be m~. ers will be limited to ~ mlntde~ on on¥ tiem. The tosoeok on beholf of an orgonlzaflon Or grou~ iS Y ne Chalrmon~ 0 s~okesoerson for a group Persons wishing to er als included in the Board Ogendo pocket*, must Submit sold moferlol a minimum of 3 weeks prior to the res~ectfve public hearing. In case, twlffen mcderlofs Im [ye~..ed to be consk~ed the Board shml be mistral, to the o~pro~rlofe County staff a minimum pum~c hearing. A~ roofed. c~ osed In preserrtotlom before the Board will be- come a pe~nanent P~rt of the record. es to appeal a OecbJon of the Boord will need o re- meTmorex .may need to ensure mo/ a record of the p~0cec-~.-~r~ COMA6ISSK)I~$ COLLIER COUNTY, ~ BARBARA B. BERRY, ' CHAIRNLAiN DWIGHT E. BROCK, CLERK I I ~ COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC IIEARINGS To: Clerk to the Board: Please place the following as a: XXX Normal legal Advertisement [] Other: (Display Adv., location, etc.) OriginatingDept/Div: Comm. Dev. Serv./Planning Person: ,~...C,l~'}"/~~ate: Petition No. (If none, give brief description): ~ ------- :' Petitioner: (Name & Address): Noah Naples Baptift Church. I$11 Oakc$ Boulevard. Naoles, FL 34119 Name & Address of any person(s) to be notified by Clerk's Office: (Il'more space is needed, attach separate sheet) _Brace L iciliano Ai P A noli Ba r&Bmnda e In. 7400 mi mi tin nh Na les FL 34108 )re BCC XXX BZA . Other Newspaper(s) to be used: (Complcic only if imporlant): XXX Naples Daily Ncv,'s Olher [] Legally Required xt Include lc I description & common location & Size' Petition No ¢U.98-21, B,,m,C,e J. $ici2i~,,no, AICP, of Aenoli, Proposed Tc.': ( ga · ' .... hc E zonin district rber & Ba .. ' ............ :.~.-e~ Road and Ira. m. okal .ec.R.o..ad, x ansi hU~r~e ribeda T 7 olden aleE tales ni 97' ' 29 Twnshi 48 outh n e26East cons~stm of $.32 or minus acres. Companion petition(s}, if any & proposed hearing date: Docs Petition Fcc include advertising cost'? [] Yc~ [] No if Yes. what account should be charged for advertising costs: 113-138312-649110 Rcvic~vcd by: Approved by: D~4sion Head Dale - County Manager Date Date l~eceived: //.z~_..Y./~ Date of Public hearing://~/ Date Advertised: List Atlachmcnts: DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one coy and obtain Division ltead approval before submitting to County Manager. Note: If legal document i~ invoh'ed, be sure that any necessao' legal review, or request for same, is mbmitted to County Attorney before submitting to County Manager. The Manager's office will distribute? copies: Count Manager agenda file: to [] Requesting Division [] Original , B. Other hearings: Initiating Division head to approve and submit original to Clerk s Office. rctaining a copy for file. PAR PERKELL NAPLES I')A TT.¥ 263-4703 November 23, 1998 Ms. Pam Perrell Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Conditional Use 98-21 North Naples Baptist Church (Oakes Blvd.) Dear Pam: Please advertise the above referenced notice one time on Sunday, December 27, 1998, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Lisa Steele, Deputy Clerk Purchase No. 912501 NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County, will hold a public hearing on TUESDAY, JANUARY 12, 1999, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The Board will consider Petition No. CU-98-21, Bruce J. Siciliano, AICP, of Agnoli, Barber & Brundage, Inc. representing North Naples Baptist Church, requesting Conditional Use "1" of the "E" zoning district for a church expansion for property located on the west side of Oakes Boulevard between Vanderbilt Beach Road and Immokalee Road, further described as Tract 7, Golden Gate Estates Unit 97, Section 29, Township 48 South, Range 26 East, consisting of 5.32 plus or minus acres. NOTE: Ail persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto, and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BARBARA B. BERRY, CHAIRMAN DWIGHT E. BROCK, CLERK By: (SEAL) II I IIIIII IIII I II IIIIIII IIIII IIIIll /s/Lisa Steele, Deputy Clerk · '1 November 23, 1998 Bruce J. Siciliano, AICP Agnoli, Barber & Brundage, Inc. 7400 Tamiami Trail North Naples, FL 34108 Public Hearing to Consider CU-98-21 North Naples Baptist Church (Oakes Blvd.) Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, January 12, 1999 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, December 27, 1998. You are invited to attend this public hearing. Sincerely, Lisa Steele, Deputy Clerk Enclosure November 23, 1998 North Naples Baptist Church 1811 Oakes Boulevard Naples, FL 34119 Public Hearing to Consider CU-98-21 North Naples Baptist Church (Oakes Blvd.) Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, January 12, 1999 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, December 27, 1998. You are invited to attend this public hearing. Sincerely, Lisa Steele, Deputy Clerk Enclosure RESCLUTION 98- ~ .... L .... ON FROVi~':.S3. FOR THE EST;~BLi A CHURCH EXPAS~SiCN CONDITIONAL USE "!" iN THE "=" ZONING DISTRICT PURSUANT .u ~-C,.~.-. ?.2.3.3 OF THE COLLIER COUNTY --.r ~4D DEVELO~¥=':T CODE FOR PROPERTY LOCATED iN £ECTION 29, ?OWNSHiP 48 SOUTH, P~2,uE 26 EAST, COLLIER COu,~.., FLORIDA. WHEREAS, the Legislature of the State cf Florida in Chapter 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code {Ordinance No. 91-102) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, the Collier County Planning Commission, being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of Conditional Use "1" of Section 2.2.3.3 in an "E" Estates Zone for a church expansion on the property hereinafter described, and has found as a matter of fact (Exhibit "A") that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 2.7.4.4 of the Land Development Code for the Collier County Planning Commission; and WHEREAS, all interested pa~ties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF ZONING APPEALS of Collier County, Florida that: The petition filed ~7 Bruce j. Sicillanc, AiC? cf Agnoli, Barber & Brundage, inc., representing North Naples Baptist Church with resDect to the prcDertv nerelnafter described as: Exhibit "B" which is attached hereto and incorporated by reference herein be and the same is kereky approved fgr Conditional Use "I" cf 3ection 2.2.3.2 of the "E" Estates Zoning District for a church expansion in acccrdance with the CcnceD%ual ~aster Plan (Exhibit "C") and subject %o the following condltlsns: Exhibit "D" which is attached hereto and incorporated by reference herein. BE iT ~3RTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this day of , 1998. BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA BY: BARBARA B. BERRY, Chairman ATTEST: DWIGHT ~ BROCK, Clerk Approved as to Form and Legal Sufficiency: Mar~o~/e M. Student Assistant County Attorney f/~J-~-21 .~ESOLUT I G.~: FIN"DiNG OF FACT BY COLLIER COLD~TY PLANNING CCMMISSiCN FOR A CCNDITIONAL USE PETITION FOR CU-98-21 The following facts are found: Section 2.2.3.3.1 of the Land Development Code authorized the conditional use. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: Consistency with the Land Development Code and Growth Management Plan: Yes No Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes No Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or ~ Affect mitigated by Affect c~nnot be mitigated Compatibility with adjacent properties and other property in the district: Compatible use within district Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval DATE: CHAIRMAN: f/CU-98-21 FINDING OF FACT C~AIP44AN/ Exhibit CU-9~-21 L£CAL' bES UPTXO, Tract 7, Golden Gate Estates, Unit 97, a~ recorded in Hat Book 7, Pages 95 and 96, of the Public Record~ of Collier County, Florida. Subject to easemenm, restrictions, and re~rvafio~ of record. Exhibit B CU-98-21 Ililllll - I Ill III I Exhibit D Subject to the following conditions: RESOLUTION 99-621_- A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF A CHURCH EXPI%NSION CONDITIONAL USE "1" IN THE "E" ZONING DISTRICT PURSUANT TO SECTION 2.2.3.3 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 29, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida,' and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and 9~EREAS, the Collier County Planning Commission, being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of Conditional Use "1" of Section 2.2.3.3 in an 'E" Estates Zone for a church expansion on the property hereinafter described, and has found as a matter of fact (Exhibit "A") that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 2.7.4.4 of the Land Development Code for the Collier County Planning Commission; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF ZONING APPEALS of Collier County, Florida that: The petition filed by Bruce J. Siciliano, AICP of Agnoli, Barber & Brundage, Inc., representing North Naples Baptist Church with respect to the property hereinafter described as: Exhibit "B" which is attached hereto and incorporated by reference herein be and the same is hereby approved for Conditional Use "1" of Section 2.2.3.3 of the "E" Estates Zoning District for a church expansion in accordance with the Conceptual ~aster Plan (Exhibit "C") and subject to the following conditions: Exhibit "D" which is attached hereto and incorporated by reference herein. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this ~ day of ~~, 1999. Attest as to ATTEST: DWIGHT E. BROCK, Clerk Approved as to Form and Legal Sufficiency: Assistant County Attorney BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA BY: FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-98-21 The following facts are found: Section 2.2.3.3.1 of the Land Development Code authorized the conditional use. o Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: ao Consistency with the Land Development Code and Growth Management'Plan: Yes No Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes No Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district ; Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should~not) be recommended for approva 1 DATE: ~ER: C~AI R?IAH f/CU-98-21 FINDING OF FACT MEMBER/ E;:hi~i tao Tract 7, Golden Gate Estates, Unit 97, a~ recorded in Plat Book 7, Pages 95 and 96, of the Public Records of Collier County, Florida. Subject to easements, restrictions, and reservations of record. Exhibit B CU-98-21 06-940iS.doc I0 gz i Itt Exhibi~ C CU-98-21 Ii j,~, qlll Exhibit D Subject to the following conditions: a. Thc Planning Services Department Director Manager may approve minor changes in the location, siting, or height of buildings, structures, and improvements authorized by the conditional usc. Expansion of the uses identified and approved within this conditional use application, or major changes to the site plan submitted as part of this application, shall require the submittal ora new conditional usc application, and shall comply with all applicable County ordinances in effect at thc time of submittal, including Division 3.3. Site Development Plan Review and approval, of the Collier County Land Development Code {Ordinance No. 91-102). b..ga appropriate portion of thc native vegetation shall bc retained on sitc as rcquircd in Stwaion 3.95_5.4. of the Collier County Land Development Code, as amended. c. An exotic vegetation removal, monitoring, and maintenance rexotic free) plan for the d. Should safety or operational conditions warrant, the applicant shall be responsible for the construction of turn lanes in accordance with Ordinance 93-64 at the project entrance off of Oakes Boulevard when determined necessary by the County's Transportation Department. Should the need arise for other roadway and intersections improvements to 18* Avenue and Oakcs Boulevard, the petitioner shall be responsible for contributing their fair share cost of these improvements at the time of construction. e, Per the Office of the Fire Marshall, upon reaching the maximum threshold for sprinklering requirements, the petitioner shall sprinkler the required buildings utilizing a reliable water source as approved by the Fire Marshal.