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PBSD MSTBU Agenda 10/02/2013
PELICAN BAY SERVICES DIVISION MUNICIPAL SERVICE TAXING & BENEFIT UNIT NOTICE OF PUBLIC MEETI1 OCTOBER 2, 2013 THE PELICAN BAY SERVICES DIVISION BOARD WILL MEET IN REGULAR SESSION ON WEDNESDAY, OCTOB" 2 AT 1:00 PM AT THE COMMUNITY CENTER AT PELICAN BAY, 8960 HAMMOCK OAK DRIVE, NAPLES, FLORIDA 34108. AGENDA 1. Pledge of Allegiance 2. Roll call 3. Agenda approval 4. Approval of Meeting Minutes a. Revised July 10 Regular Session b. September 4 Regular Session 5. Administrator's report a. * Review and approval of proposed Ordinance amendment to incorporate beach renourishment as an official responsibility and function of the Pelican Bay Services Division Municipal Service Taxing & Benefit Unit b. Time line of RFP for management services (Susan O'Brien) c. Status of office lease d. Monthly financial report 6. Chairman's report a. * Discussion and approval of recommendation that Pelican Bay Services Division participates in the October 30, 2013 Water Quality Workshop as a co- sponsor b. * Discussion and approval of recommendation directing staff to recommend to the Board of County Commissioners installation of a traffic light at the intersection of Gulf Park Drive and U.S. 41 c. * Discussion and approval of recommendation directing staff to recommend to the Board of County Commissioners to eliminate both (two) Pelican Bay Services Division Board's commercial interests member seats d. * Discussion and approval to modify the Board's "Audience Comments" policy e. Announcements 7. Committee reports a. Clam Bay i. Discussion of County funds available for Clam Bay - related work b. Landscape & Water Management i. *Discussion and approval of Committee's recommendation to select CH2M Hill to perform water quality services, analysis, and reporting ii. Status of pilot programs on lakes 8. Old business a. * County's truck haul beach renourishment of Pelican Bay beaches project update and approval of recommended actions (Susan O'Brien) b. Mapping Pelican Bay's water management system (Susan O'Brien) c. *Pedestrian Safety at Oakmont Parkway & Woodhaven Lane (Joe Chicurel) d. *Share the road with bicycles signage (Joe Chicurel) 9. Audience comments 10. Adjourn * asterisk indicates possible Board action item ANY PERSON WISHING TO SPEAK ON AN AGENDA ITEM WILL RECEIVE UP TO THREE (3) MINUTES PER ITEM TO ADDRESS THE BOARD. THE BOARD WILL SOLICIT PUBLIC COMMENTS ON SUBJECTS NOT ON THIS AGENDA AND ANY PERSON WISHING TO SPEAK WILL RECEIVE UP TO THREE (3) MINUTES. THE BOARD ENCOURAGES YOU TO SUBMIT YOUR COMMENTS IN WRITING IN ADVANCE OF THE MEETING. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDING PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD IS MADE, WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS AN ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS MEETING YOU ARE ENTITLED TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE PELICAN BAY SERVICES DIVISION AT (239) 597 -1749 OR VISIT PELICANBAYSERVICESDIVISION NET. 9/27/2013 4:37:19 PM 1 PELICAN BAY SERVICES DIVISION BOARD REGULAR SESSION MINUTES WEDNESDAY,JULY 10,2013 LET IT BE REMEMBERED that the Pelican Bay Services Division Board met in Regular Session, Wednesday,July 10 at 1:00 PM at the Community Center at Pelican Bay, 8960 Hammock Oak Drive, Naples,Florida. The following members were present: Pelican Bay Services Division Board Tom Cravens,Chairman John laizzo Dave Trecker,Vice Chairman Michael Levy Joe Chicurel Susan O'Brien Frank C. Dickson, II Scott Streckenbein absent John Domenie Hunter Hansen absent Pelican Bay Services Division Staff W.Neil Dorrill,Administrator Mary McCaughtry Operations Analyst Kyle Lukasz, Operations Manager Lisa Resnick, Recording Secretary Also Present Kevin Carter, Field Manager,Dorrill Management Group LuAnn Giovannelli,General Manager,Bay Colony Community Association Tim Hall, Principal,Turrell,Hall &Associates, Inc. Jim Hoppensteadt,President&Chief Operating Officer,Pelican Bay Foundation Kathy Worley,Co-Director Environmental Science&Biologist, Conservancy of Southwest Florida 25 in the audience REVISED(FINAL)AGENDA 1. Pledge of Allegiance 2. Roll call 3. Agenda approval 4. Approval of June 5 Regular Session Meeting Minutes 5. Administrator's report a. RFP process as it relates to updating the Clam Bay Management Plan b. Monthly financial report c. Office lease d. Tropical Storm Chantal Update add-on 6. Chairman's report a. Crosswalks i. * Discussion of the language and intent of the Board's app • .t ® •' handler +° � January 2, 2013 motion to remove the cobblestones a : P= .• C i.y Boulevard San Marino crosswalk (Joe Chicurel) ii. * Discussion and approval to remove cobblestones . • re• _ with paver Pelican Bay Boulevard and Hammock Oak D •e+° 'trian rosswalk (To Cravens) *Discussion &approval to remove co. ° is f es a ocations on `° a =_+i Boulevard (Joe Chicurel) item wi .41.; 74741rOt'' oPret 1411 b. Announcements 7. Committee reports .° a. Clam Bay(Susan O'Brien) k. i. Clam Bay Management Plan •a ate b. Landscape& Water Management 8620 Pelican Bay Services Division Board Regular Session Minutes Wednesday,July 10,2013 i. * Review and approval of revised brochure ii. * Review&approval of contract for lakes&Clam Bay sampling, analysis& reporting iii. Status of pilot programs on lakes c. Survey Committee(Dave Trecker) i. Community survey ii. Monthly PBSD piece in Pelican Bay Post 8. Old business a. Beach Renourishment(Dave Trecker) add-on 9. New business a. Raccoons(Susan O'Brien) b. Mapping Pelican Bay's water management system(Susan O'Brien) c. Bicycles on Pelican Bay Boulevard(Susan O'Brien) add-on 10. Audience comments 11. Miscellaneous correspondence 12. Adjourn ROLL CALL Eight members were present and two(Hansen, Streckenbein)were absent. AGENDA APPROVAL Vice Chairman Trecker motioned,Mr.Levy seconded to approve the agenda as amended,adding items 5d, 8a,and 9c. The Board voted unanimously in favor and the motion passed. APPROVAL OF JUNE 5 BOARD REGULAR SESSION MEETING MINUTES Mr.Domenie motioned,Mr.Levy seconded to approve the June 5 Board Regular Session meeting minutes as amended[p. 8618 replacing "Gould"with "Noble"and adding roll call vote results]. The Board voted unanimously in favor and the motion passed ADMINISTRATOR'S REPORT PROCUREMENT PROCESS TO UPDATE THE CLAM BAY MANAG vv� T Mr.Dorrill reported the outcome of a meeting with Ms. O'Brien, County P i,_ s-:°°•and the Clerk of Courts to discuss proposals,work orders and anticipated work produ. .>, .' v., 'e Clam Bay management plan.The original scope of work was to"update"the e sti : r i Pelican Bay Services Division Board Regular Session Minutes Wednesday,July 10,2013 Mr. Dorrill understood the purpose of the management plan was for community stewardship and added the plan should address the ideal or preferred permanent maintenance dredging measurements for length,width,and depth supported by meaningful data and science. Ms. O'Brien explained that the Army Corps of Engineers opined that a management plan was not necessary in order to apply for a dredging permit. The plan was for the community's guidance and benefit. Ms. O'Brien directed staff to schedule a Clam Bay Committee meeting as soon as possible to work on updating the existing management plan. Mr.Hall agreed the plan is for the community's benefit.For the regulatory agencies,the plan serves the purpose of outlining dredging goals and objectives,and expected results.Engineering data and measurements would provide scientific support for the permit application. The Clam Bay Stakeholders responses illustrate what Stakeholders consider important. The draft plan does not need to include optional wildlife surveys or seagrass studies. Ms. Kathy Worley opined that dredging is a tool to manage a system and should not drive the management plan.The goals and objectives of the management plan need to be defined clearly. MONTHLY FINANCIAL REPORT Ms. O'Brien motioned,Mr.Levy seconded to accept the monthly financial report. The Board voted unanimously in favor and the motion passed. OFFICE SPACE UPDATE Mr.Dickson motioned,Mr.Domenie seconded to direct the administrator to move forward with negotiation of the office lease as outlined. The Board voted unanimously in favor and the motion passed. 11 TROPICAL STORM CHARLENE UPDATE(ADD-ON) Mr. Dorrill explained that if preparation for the storm or debris cleanup were . y ie c"staff would be on call and any hours worked paid at the overtime rate. F CHAIRMAN'S REPORT CROSSWALKS AE DISCUSSION OF INTENT OF MOTION APPROVED 'r-A, U• !:021., 013 TO ' "N + COBBLESTONES AT PELICAN BAY BOULEVARD AN Pe., - ,' RI • CROSSWA Dr. Chicurel motioned,Vice Chairman Trecker s- 1-., tha s'n the cobble + „moved at the San Marino crosswalk that they are replaced with e r�-t materia a1: ktrip at have been used at other Pelican Bay paver crosswalks . of °110 cobblestop= 4 xa Mr. Dorrill recommended removing th - ': '-rete head- .c• n.- .eader installed. Mr. Lukasz estimated the header work wou'ain a $10,000 to - co ±r a otal of$18,000. 8622 1 Pelican Bay Services Division Board Regular Session Minutes Wednesday,July 10,2013 Dr. Chicurel withdrew the motion. DISCUSSION& APPROVAL TO REMOVE COBBLESTONES& REPLACE WITH PAVERS AT PELICAN BAY BLVD AT HAMMOCK OAK PEDESTRIAN CROSSWALK Two homeowners associations(Crescent and Covington Row)submitted requests to the Pelican Bay Services Division to remove the cobblestones in the pedestrian crosswalk at the intersection of Pelican Bay Boulevard at Hammock Oak Drive. Mr. Levy reviewed the history of why cobblestones were installed in some crosswalks because he believed there was a misconception within the community that cobblestones were installed in the crosswalks to encourage vehicles to stop at those crosswalks;however, since the vehicle is already past the stop line by the time it reaches the cobblestones,this does not work. The cobblestones did serve an important purpose and there was a good reason for putting them where they are. Mr. Levy explained that in 2010,the Community Improvement Plan(CIP)was undertaken jointly by the Foundation and the Services Division. A highly regarded consulting firm was retained at a cost exceeding$250,000. The consultants worked with the Foundation's Strategic Planning Committee and entire Pelican Bay Services Division Board to develop the CIP. There were many lengthy working sessions over a six-month period. Each session lasted at least two hours and met at least twice per month. Early on when the CIP team was identifying community concerns,one of the concerns identified was excessive vehicle speeding on Pelican Bay Boulevard. Traffic experts who were part of the consulting team subsequently advised that cobblestone bands across Pelican Bay Boulevard would be traffic calming and that these bands could be incorporated into the design at the mid-block crosswalks. The tactile feel of the cobblestones would alert drivers that they were in a residential area with a reduced speed limit. It was not a quick decision. The CIP team considered this issue over a period of time .i• - to incorporate the cobblestones. In fact,all issues were reviewed a number of times. Th e e included six town hall meetings and at these community meetings,the crosswalk des'.y?„ ed and discussed.After some crosswalks were installed,a noise complaint came frog, e esident, Mr. Steve Seidel. Since this crosswalk leads to the Foundation's property,th- • : en •s responsible for the cost of installation. The San Marino complaint was t#OR t r L„,,,,op dation. result,the Foundation in conjunction with the Services Division cone .• ee •e dB)readi crosswalk in question and compared them to dB readings taken . - os .lks thout cobbleste There were no significant differences in sound levels and t oun• • t.oard turne• ••, l� r-i est to remove the cobblestones at San Marino. This reques• 0:1 ade its way e the When walking on Pelican Bay Boulevard,4114-riP,alliehicles m. • t 'nds.The bigger the vehicle is the louder the sound that i fat,- •ents who)z a 'e n Bay Boulevard open a window facing the Boulevard,they would a same traf ei e 4e id(e speed also makes a 8623 Pelican Bay Services Division Board Regular Session Minutes Wednesday,July 10,2013 noticeable noise difference.According to DOT documents,a vehicle traveling at 55 mph creates a 73 dB sound at 50 feet,while the Services Division's testing found a vehicle traveling 30 mph makes a 57 dB sound at 50 feet.This difference of 16 dB is significant. The crosswalk adjacent to the Crescent that is currently under consideration for cobblestone removal was paid for and installed by the Foundation. The letter clearly states that there is no reason or purpose for the cobblestones and therefore they requested the cobblestones be removed. Mr. Levy suggested the Board reply to the letters advising them of the purpose and the reasons why the cobblestones were installed and defer action at this time. Dr. Trecker opined that everybody has their own opinion,but he had not seen a scientific study proving that the cobblestones slow traffic as they were intended. Mr. Levy disagreed. The DOT documents included in the agenda material clearly stated that the cobblestones were intended to calm traffic and the CIP consultants advised the CIP working group that cobblestones would calm traffic. Dr. Chicurel said the facts regarding dB testing and sound levels did not matter because perception is reality.Under the current circumstances,residents do not like the noise. The Board's intention was good but the creation of noise pollution was the unintended consequence. The DOT reference material indicated that if cobblestones are placed on a large section of the road prior to a crosswalk, it would create a sense of traffic calming because there would be 100 feet of bumpy road and drivers would probably slow down. On Pelican Bay Boulevard,the cobblestones were placed inside the white lines as part of the crosswalk therefore drivers are not forewarned to slow down before they reach the crosswalk. He walked along Pelican Bay Boulevard on Monday and observed that vehicles did not slow down at crosswalks. He agreed with the residents of the Crescent and Covington Row 4, cobblestones cause noise pollution and should be removed. The Board should recognize it ma ba+ decision and correct it by removing the cobblestones because the noise pollution has 1a .zw residents' enjoyment of life as an unintended consequence. Chairman Cravens was convinced that it was now impossible to dete �at er not " cobblestones have had a calming effect on traffic in Pelican Bay becaus ;re e ctive data �sr to installing the cobblestones for comparison. The only data availabl re e perception,�,.hich subjective. Mr. Levy observed that the Survey Committee is a 1,43 sin_ ,alks and s rots draft questionnaire and suggested that the Board defer . 1 u '1 the entire ce a Imu''; spond to it. This request to remove cobblestones was fro a ° I,t i 'r of reside e C reings found no material difference in the levels of sound. T e - e'.erent, but Is n Mr. Lukasz said the cost to remove the cotke,,nes is$8,00 - 8624 t Pelican Bay Services Division Board Regular Session Minutes Wednesday,July 10,2013 Mr. Gerald Moffatt explained that the Foundation paid to install this crosswalk because it is adjacent to the Foundation's property;however, it is County property. Dr. Chicurel said noise abatement is in the Services Division's ordinance,so it is the Services Division's responsibility to decide whether to remove the cobblestones. Ms. O'Brien was concerned about obtaining the Foundation's consent to remove the cobblestones. She suggested this decision be deferred until we the Board has an opportunity for community input via results from the Survey Committee's community survey. Mr.Dickson agreed. Chairman Cravens motioned,Dr. Chicurel seconded that the cobblestones be removed and replaced with pavers at Pelican Bay Boulevard and Hammock Oak Drive pedestrian crosswalk. The Board voted three(3)in favor(Cravens, Trecker, Chicurel)to five(5) opposed(Dickson,Domenie,Iaizzo,Levy, O'Brien) and the motion failed. DISCUSSION& APPROVAL TO REMOVE COBBLESTONES AT ALL LOCATIONS ON PELICAN BAY BOULEVARD Dr. Chicurel withdrew the item. ANNOUNCEMENTS The Board's next meeting is September 4. Due to lack of quorum,there is no meeting in August. Chairman Cravens directed the Administrator to contact Mr. Hansen to delegate a proxy to participate and pursue one additional commercial member to replace the vacant position. LANDSCAPE&WATER MANAGEMENT COMMITTEE REPORT REVIEW AND APPROVAL OF REVISED BROCHURE Vice Chairman Trecker motioned,Dr. Chicurel seconded to accept the revised brochure as amended.[1)p. 2 insert "in the waters of Clam Bay."to read". micrograms per liter in the waters of Clam Bay."and 2) insert `...to deve 410, 1 , " to read"...to develop a plan to fix the problem."The Board voted unani v n favor and the motion passed. The brochure would be included in the annual assessment notice REVIEW& APPROVAL OF CONTRACT FOR LAKES I N r ®:• i AY SA I.3 V-3 I G, N' ANALYSIS,AND REPORTING Vice Chairman Trecker reported contacting Conser s cy ,or recomm n . •n .`der quality measurement criteria in the lakes and in Clam B. f fi 4 ter'' 8625 Pelican Bay Services Division Board Regular Session Minutes Wednesday,July 10,2013 Vice Chairman Trecker motioned, Chairman Cravens seconded to instruct staff to approach consultants on the County-approved list to include Turrell,Hall, &Associates, Cardno/ENTRIX and at least several others for interest and cost estimates for water quality sampling,data analysis,and reporting on a quarterly basis in the upland lakes. The Board voted unanimously in favor and the motion passed. Mr.Dorrill informed the Board that although Cardno/ENTRIX was a County approved vendor, the firm was not eligible to perform the scope of work stated in the motion. STATUS OF PILOT PROGRAM IN LAKES Mr. Lukasz reported that aquatic plantings and aeration installation is complete,bacteria treatment is ongoing in the identified lakes,and ceased the use of copper sulfate in Basins 3, 5,and 6. Yesterday, floating islands were installed in the Avalon Lake. MISCELLANEOUS After staff has obtained the information,the Committee would schedule a meeting to evaluate the identified consultants, services, and cost estimates. Vice Chairman Trecker suggested inviting lake and estuary water management experts to consider hiring as consultants starting in the fall. Vice Chairman Trecker appointed Dr. Chicurel as Acting Chairman of the Committee until September. SURVEY COMMITTEE REPORT COMMUNITY SURVEY The Board discussed survey topics,timing,and vendors. The Board agreed that the purpose of a survey was to obtain community sentiment on bicycle lanes before Pelican Bay Boulevard is pa -. „ d other topics mentioned. Chairman Cravens directed members to send comments to Ms. Res. or" Committee to discuss at a future Committee meeting. MONTHLY PBSD PIECE IN PELICAN BAY POST The Board directed staff to proceed with reporting to the community o A .`"ont' ..° s by way of the Pelican Bay Post a brief summary of Board action taken. ,,, OLD BUSINESS BEACH RENOURISHMENT(ADD-ON) Vice Chairman Trecker reported that the Board of Co_ + sioners' dec.! . to inloalt,e Pelican Bay beaches in the County's beach renourishme .s.j�; how-ver,the Servic ®i � lacking authority and budget,would not be responsible ■ .i e project.,„:11 • i5rs 8626 I Pelican Bay Services Division Board Regular Session Minutes Wednesday,July 10,2013 NEW BUSINESS RACCOONS Ms. O'Brien motioned, Chairman Cravens seconded to stop trapping raccoons in the Pelican Bay Community. The Board voted unanimously in favor and the motion passed. MAPPING PELICAN BAY'S WATER MANAGEMENT SYSTEM Ms. O'Brien explained that mapping Pelican Bay's water management system would assist with gaining an understanding of the source of the copper problem. Staff would compile existing information to determine what additional information is necessary. BICYCLES ON PELICAN BAY BOULEVARD(ADD-ON) Ms. O'Brien observed the Sheriff has been ticketing bicyclists for moving violations because State law requires bicyclists to operate as vehicles and obey the same traffic laws. Dr. Chicurel planned to introduce bicycle safety or"sharrow"signage at the next meeting. AUDIENCE COMMENTS None ADJOURN Vice Chairman Trecker motioned,Mr.Iaizzo seconded to adjourn. The Board voted unanimously in favor,the motion passed, and meeting adjourned at 3:30 p.m. Tom Cravens,Chairman Minutes by Lisa Resnick 9/11/2013 11:47r ,. ib. :,,,,,,. ,.4.'.A.,,,,,,,,:::::,,,,, -''''- '44- 8627 PELICAN BAY SERVICES DIVISION BOARD REGULAR SESSION MINUTES WEDNESDAY, SEPTEMBER 4,2013 LET IT BE REMEMBERED that the Pelican Bay Services Division Board met in Regular Session, Wednesday, September 4 at 1:00 PM at the Community Center at Pelican Bay, 8960 Hammock Oak Drive,Naples, Florida. The following members were present: Pelican Bay Services Division Board Tom Cravens, Chairman John laizzo Dave Trecker, Vice Chairman Michael Levy Joe Chicurel Susan O'Brien Frank C. Dickson, II Scott Streckenbein John Domenie absent Hunter Hansen absent Pelican Bay Services Division Staff W.Neil Dorrill, Administrator Mary McCaughtry Operations Analyst Kyle Lukasz, Operations Manager Lisa Resnick, Recording Secretary Also Present Kevin Carter, Field Manager, Dorrill Management Group Mohamed Dabees, P.E., Ph.D., Humiston &Moore Engineers LuAnn Giovannelli, General Manager, Bay Colony Community Association Tim Hall,Principal, Turrell, Hall &Associates, Inc. Jim Hoppensteadt, President& Chief Operating Officer, Pelican Bay Foundation Robert Pendergrass, Chairman, Pelican Bay Foundation Board of Directors 23 in the audience AGENDA 1. Pledge of Allegiance 2. Roll call 3. Agenda approval 4. Approval of Meeting Minutes a. July 10 Regular Session b. June 26 Landscape & Water Management Committee c. June 11 Survey Committee 5. Administrator's report a. Status of office lease b. Monthly financial report c. *Brief discussion about the Pelican Bay Maintenance Facility d. *Beach renourishment permitting and funding e. Clam Pass Monitoring Update f. Board of County Commissioners Budget Hearing/Thursda .te .15 PM 6. Chairman's report a. Review of Pelican Bay Services Division ("PBSD") .. c` axing& Benefit Unit ("MSTBU")location boundaries in plain . •_ o daries of potential oversight, if any, for Seagate and Clam 'L- '.rk hicurel) 8628 .,,. r ,, Pelican Bay Services Division Board Regular Session Minutes Wednesday, September 4,2013 b. Removal of cobblestones at San Marino project update c. Announcements 7. Committee reports a. Clam Bay (Susan O'Brien) i. Funds for completing Clam Bay Management Plan b. Landscape& Water Management(Dave Trecker) i. Proposals for water quality consultant services ii. Status of pilot programs on lakes iii. Status of Copper Data and Analysis c. Survey Committee 8. Old business 9.New business a. *Traffic and Pedestrian Safety at Oakmont Parkway& Woodhaven Lane (Joe Chicurel) b. *Share the road with bicycles signage (Joe Chicurel) c. Mapping Pelican Bay's water management system (Susan O'Brien) 10. Audience comments 11. Miscellaneous correspondence 12. Adjourn ROLL CALL Eight members were present(Chicurel, Cravens, Dickson, laizzo, Levy, Streckenbein, Trecker) and two (Hansen, Domenie) were absent. AGENDA APPROVAL Chairman Cravens motioned,Dr. Trecker seconded to approve the agenda as presented. The Board voted unanimously in favor and the motion passed. APPROVAL OF JULY 10 BOARD REGULAR SESSION MEETING MINUTES Ms. O'Brien motioned,Mr. Levy seconded to table the motion to approve the July 10 Board Regular Session meeting minutes until the next meeting. [Board directed staff to review the audio tape for accuracy of July 10 Regular Session meeting minutes,p. 8623, section re: "Discussion & approval to remove cobblestones & replace with pavers at Pelican Bay Boulevard at Hammoc Oak Drive pedestrian crosswalk]. The Board voted unanimously in favo the motion passed. APPROVAL OF JUNE 26 LANDSCAPE & WATER MANAGEMEN , 1 _ VINO MINUTES Dr. Trecker motioned,Ms. O'Brien seconded to app ,P:=-:_,Y, e -, Landscape& Water Management Committee meetin. . , h ,sented. The Board voted unanimously in favor and the p f i , I arik 8629 Pelican Bay Services Division Board Regular Session Minutes Wednesday, September 4,2013 APPROVAL OF JUNE 11 SURVEY COMMITTEE MINUTES Ms. O'Brien motioned, Chairman Cravens seconded to approve the June 11 Survey Committee meeting minutes as presented. The Board voted unanimously in favor and the motion passed. ADMINISTRATOR'S REPORT STATUS OF OFFICE LEASE Mr. Dorrill reported that the County Attorney is currently reviewing the office lease, which includes antenna space on the roof at no additional cost for a savings of$6,000 annually. Also, staff requested to have CAM fees waived to save an additional $5,000 annually; however, the landlord has not yet responded to this request. MONTHLY FINANCIAL REPORT Ms. O'Brien motioned,Mr. Levy seconded to accept the monthly financial report. The Board voted unanimously in favor and the motion passed. BRIEF DISCUSSION ABOUT THE PELICAN BAY MAINTENANCE FACILITY Mr. Dorrill reported that he met with the County Manager about the Pelican Bay Services Division's interests and rights to a claim to the historic parcels or portions of the 12-acre maintenance site including the building, adjacent paved parking lot, and horticultural nursery area to the west. A very good argument could an be made that the deeds to these parcels should be held by the Board of County Commissioners on the Pelican Bay Services Division's behalf as separate facilities from the Public Utilities Division. The Public Utilities Division is in the process of developing a large-scale, countywide update to its Utility Master Plan and may try toy; claim the parcels; however, the Services Division has a long-term interest to have a perman maintenance facility and administrative complex to continue to serve the Pelican Bay 1:4;" l'A'llz,,,,,,!-If*, community. ` Some Board members were concerned about the Foundation's intentio regard , w FF property and Mr. Robert Pendergrass affirmed the Foundation Board woul o f m t is communication on its position to the Services Division Board. mow' 8630 Pelican Bay Services Division Board Regular Session Minutes Wednesday, September 4,2013 BEACH RENOURISHMENT PERMITTING AND FUNDING Mr. Dorrill reported that he met with the County Manager and Commissioner Hiller to discuss the Services Division's legal authority, or lack thereof, as well as the Board's concerns about using public funds for beach renourishment seaward of the erosion control line that also benefits adjacent upland private property that does not have public access. Vice Chairman Trecker motioned, Chairman Cravens seconded that the Administrator advocate using TDC funds for Pelican Bay beach renourishment. The Board voted unanimously in favor and the motion passed. CLAM PASS MONITORING UPDATE Dr. Mohamed Dabees, P.E., Ph.D., Humiston&Moore Engineers presented the Clam Pass 90-day post-dredging monitoring report and data analysis suggests that the Pass is in a stable position. The next monitoring report will be for the three-month period ending in October. BOARD OF COUNTY COMMISSIONERS' (BCC)BUDGET HEARING/SEPT 5 Mr. Dorrill is attending the BCC budget hearing tomorrow, September 5 at 5:05 PM. CHAIRMAN'S REPORT REVIEW OF PELICAN BAY SERVICES DIVISION MSTBU LOCATION BOUNDARIES IN PLAIN LANGUAGE VS. BOUNDARIES OF POTENTIAL OVERSIGHT The Board discussed the Services Division's geographical boundaries and responsibilities, and a Board member orientation or"bus tour". REMOVAL OF COBBLESTONES AT SAN MARINO PROJECT UPDATE The BCC would award the bid for this project at their next meeting and work should begin by the end of September. ANNOUNCEMENTS The Clam Bay Committee meets tomorrow at 1 p.m. Chairman Cravens requested that agenda material/information be p hours in advance of meeting 8631 Pelican Bay Services Division Board Regular Session Minutes Wednesday, September 4,2013 CLAM BAY COMMITTEE Ms. O'Brien motioned,Dr. Chicurel seconded that the Board authorize up to $10,000 for completion of the Clam Bay Management Plan. The Board voted unanimously in favor and the motion passed. Ms. Marcia Cravens supported the motion. LANDSCAPE & WATER MANAGEMENT COMMITTEE REPORT Mr. Dickson was appointed to the Landscape & Water Management Committee. PROPOSALS FOR WATER QUALITY CONSULTANT SERVICES Vice Chairman Trecker requested that staff schedule a Landscape & Water Management Committee meeting to have water quality consultants present their proposals for services. STATUS OF PILOT PROGRAM IN LAKES Mr. Lukasz reported that in summer it is difficult to evaluate alternative methods used to control algae. Some lakes flushed out nutrients with rainwater; other lakes had major algae problems (L'Ambiance, Avalon). Some littoral plantings will be re-installed in the next 30 days. STATUS OF COPPER DATA AND ANALYSIS The Committee would discuss in more detail at the Committee meeting to be scheduled. SURVEY COMMITTEE REPORT None OLD BUSINESS None NEW BUSINESS TRAFFIC AND PEDESTRIAN SAFETY AT OAKMONT PARKWAY & WOODHAVEN LANE (JOE CHICUREL) Dr. Chicurel motioned, Vice Chairman Trecker seconded that staff researc ,,,4 ‘tilit' an appropriate traffic safety sign and speed sign[that could]be placed o west side of Oakmont Parkway indicating the speed limit and that a stree about to be approached that is entering Oakmont Parkway after th rve. Board voted unanimously in favor and the motion passed. Ms. Mollie Moffatt suggested removing the median and rep - m 'th r iors. R 8632 "1 Pelican Bay Services Division Board Regular Session Minutes Wednesday, September 4,2013 SHARE THE ROAD WITH BICYCLES SIGNAGE (JOE CHICUREL) Dr. Chicurel motioned, Chairman Cravens seconded that the Board place where appropriate as determined by staff a"share the road" and "please pass with care" bicycle signs on Pelican Bay Boulevard, Gulf Park Drive, Ridgewood Drive, Greentree Drive, and Oakmont Parkway. Some Board members suggested hiring a consultant to make recommendations regarding bicycle lanes or bicycle signage. Mr. Levy did not agree that a consultant was necessary because the traffic standards manual determined type of signage and placement. Ms. Marcia Cravens said the Naples Pathways Coalition could make recommendations for no fee. Chairman Cravens motioned,Ms. O'Brien seconded, to table Dr. Chicurel's motion for the October agenda and attempt to get a representative from the [Naples Pathways Coalition]to attend and give more background. The Board voted unanimously in favor and the motion passed. MAPPING PELICAN BAY'S WATER MANAGEMENT SYSTEM (SUSAN O'BRIEN) Ms. O'Brien requested the map be revised so that water bodies are better identified in terms of ownership, responsibility, and flow. AUDIENCE COMMENTS Ms. Marcia Cravens distributed the Services Division's most recent amended Ordinance, and was concerned about the proposals received regarding water quality services and alleged they did not go through the Request for Proposals (RFP)process. Mr. Dorrill clarified that the proposals Ms. Cravens referred to were part of the C• annual bids RFP process and were publicly vetted. - MISCELLANEOUS CORRESPONDENCE The Board received a letter complaining about the U.S. 41 berm land .'ng; ho Mr. Lukasz explained the Services Division is not doing any landscaping p ‘ location. AK 8633 Pelican Bay Services Division Board Regular Session Minutes Wednesday, September 4,2013 ADJOURN Chairman Trecker motioned, Vice Chairman Trecker seconded to adjourn. The Board voted unanimously in favor, the motion was passed, and meeting was adjourned at 3:47p.m. Tom Cravens, Chairman Minutes by Lisa Resnick 9/16/2013 11:34:04 AM q. ,116.-14,_ .::1,'-.:.,7,1,,,,t ''''''' 8634 _: srs October 2,2013 Pelican Bay Services Division Board Regular Session 5a.Administrator's Report-*Review and approval of proposed Ordinance amendment to clarify that beach renourishment is one of the purposes of the Pelican Bay Services Division Municipal Service Taxing&Benefit Unit R ORDINANCE NO. 2013 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2002-27, AS AMENDED, WHICH CREATED THE PELICAN BAY MUNICIPAL SERVICE TAXING AND BENEFIT UNIT, BY AMENDING SECTION FOUR, PURPOSE AND POWERS, TO CLARIFY THAT BEACH RENOURISHMENT IS ONE OF THE PURPOSES OF THE UNIT; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on May 28, 2002, the Board of County Commissioners (Board), adopted Ordinance No. 2002-27, which superseded, repealed, and consolidated prior ordinances relating to the Pelican Bay Municipal Service Taxing and Benefit Unit("Unit"); and WHEREAS, the Board subsequently amended Ordinance No. 2002-27 by adopting Ordinance No. 2006-05, Ordinance No. 2009-05, and Ordinance 2013-19; and WHEREAS, the Board desires to further amend Ordinance No. 2002-27, as amended, in order to clarify that beach renourishment is one of the purposes of the Unit. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA,that: SECTION ONE: AMENDMENT TO SECTION FOUR OF ORDINANCE NO. 2002-27, AS AMENDED. Section Four is hereby amended as follows: SECTION FOUR: Purpose; powers. The Unit is formed for the purpose of providing street lighting, water management, beach renourishment, ambient noise management, extraordinary law enforcement service and beautification, including but not limited to beautification of recreation facilities, sidewalk, street and median areas, identification markers, the maintenance of conservation or preserve areas including the restoration of the mangrove forest preserve and to finance the landscaping beautification of only that portion of U.S. 41 from Pine Ridge Road to Vanderbilt Beach Road in the above-described taxing and benefit unit and to that end shall possess all the powers to do all things reasonably necessary to provide such services. The Unit will be solely responsible for advising the County on dredging and maintaining Clam Pass for the purpose of enhancing the health of the affected mangrove forest, and will manage such activities for the County. Words Underlined are added;Words Struck Through are deleted. Page 1 of 2 October 2,2013 Pelican Bay Services Division Board Regular Session 5a.Administrator's Report-*Review and approval of proposed Ordinance amendment to clarify that beach renourishment is one of the purposes of the Pelican Bay Services Division Municipal Service Taxing&Benefit Unit ■ SECTION TWO: CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION THREE: INCLUSION IN THE CODE OF LAWS AND ORDINANCES. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION FOUR: EFFECTIVE DATE. This Ordinance shall be effective upon filing with the Department of State. PASSED AND DULY ADOPTED by a vote of a majority plus one of the Board of County Commissioners of Collier County, Florida,this day of , 2013. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By: By: , Deputy Clerk GEORGIA A. HILLER, ESQ. CHAIRWOMAN Approved as to form and legality: Jeffrey A. Klatzkow County Attorney Words Underlined are added;Words Struck Through are deleted. Page 2 of 2 October 2,2013 Pelican Bay Services Division Board Regular Session 5c. Administrator's Report-Status of office lease Page 1 of 27 THIS LEASE, made effective as of this day of , 2013. BETWEEN: GULF SHORE ASSOCIATES LIMITED PARTNERSHIP A Florida Limited Partnership 1499 Post Road, Lower Level Fairfield, Connecticut 06824 (Hereinafter called the"Landlord") -and- COLLIER COUNTY,a political subdivision of the State of Florida 3301 E.Tamiami Trail Naples, FL 34112 (Hereinafter called the "Tenant") WITNESSETH that in consideration of the rents, covenants and agreements herein contained the Landlord and the Tenant agree as follows: 1. Premises The Landlord does hereby demise and lease to the Tenant the premises (the "Leased Premises") located on the Third Floor of the Building located at 801 Laurel Oak Drive, Naples, Florida as outlined on the plan appended as Schedule "A" attached hereto. The Leased Premises are expressly exclusive of any part of the exterior face of the Building and subject to Section 4.08, shall have an aggregate Rentable Area of approximately 979 square feet, and known as Suite 302. Except for the Landlord Work described on Schedule D attached hereto,Tenant accepts the Demised Premises in"as is"condition. 2. Term 2.01 TO HAVE AND TO HOLD the Leased Premises for a period of three (3) years commencing upon January 1, 2014 ("Commencement Date"); and ending on December 31, 2016 (the "Expiration Date"), (hereinafter called the "Initial Term" or "Term), unless the Term shall otherwise terminate or be extended pursuant to any of the terms or conditions of this Lease or pursuant to law. If the Term commences on any day other than the first day of a month, and/or ends on any day other than the last day of a month, the annual rent payable herein as applicable, for the fraction(s) of a month at the commencement and/or at the end of the Term shall be pro-rated at a rate per day equal to 1/365th of the annual Rent then applicable. 3. Rent 3.01 Except as otherwise provided in this Lease, the total annual compensation that the Tenant shall pay to the Landlord for the rental of the Leased Premises shall be the aggregate of(a) the annual rent as set forth in Section 3.02 (or for the Option Term if applicable), plus(b)the annual "Additional Rent" which shall include, but not be limited to, Tenant's Proportionate Share of Taxes, Tenant's Proportionate Share of Operating Costs, the annual cost of electrical current supplied to the Leased Premises, if separately metered,and all other annual costs and expenses,which the Tenant is obligated to pay to the Landlord as provided in this Lease and as set forth in herein. 3.02 Commencing on February 1, 2014 ("Rent Commencement Date"),Tenant shall pay to the Landlord in lawful money of the United States of America,the sum of annual base rent excluding applicable sales taxes(in the aggregate"Annual Base Rent")as follows: Lease Year Rent/S.F. Annual Base Rent Monthly Base Rent 1 $ 27.72 gross $27,137.88 $2,261.49 2- 3 $ 22.00 NNN $ 21,537.96 $ 1,794.83 3.03 Every amount payable by the Tenant hereunder in addition to Annual Base Rent shall be deemed "Additional Rent." Base Rent and Additional Rent are herein collectively referred to as the "Rent." Notwithstanding anything to the contrary contained herein, the Annual Base Rent for Lease Year 1 shall be "gross"and inclusive of all Additional Rent but excluding applicable sales tax. For Lease Years 2 through 3, Tenant shall pay the Annual Base Rent plus Additional Rent excluding applicable sales tax. 3.04 All Rent shall be paid without demand, setoff or deductions of any kind, in equal monthly installments, in advance, on the first day of each calendar month of the Term at the address of the Landlord stated above or such other place as the Landlord may designate in writing from time to time, with payment in advance of appropriate fractions of a monthly payment for any portion of a month at the expiration or prior termination of the Term. Time shall be of the essence with respect to the payment of Rent. CA October 2,2013 Pelican Bay Services Division Board Regular Session 5c. Administrators Report-Status of office lease Page 2 of 27 3.05 Except as otherwise specified herein, the Annual Base Rent shall be absolutely net to the Landlord so that this Lease shall yield, net, to the Landlord, the Annual Base Rent specified and that all costs, expenses and obligations of every kind and nature relating to the Leased Premises which may accrue or become due during the Term shall be paid by the Tenant, including, without limitation, all utilities and other services consumed or otherwise utilized by the Tenant in its occupancy of the Premises. The Tenant shall indemnify and hold the Landlord harmless from and against the same and all costs and expenses incurred by the Landlord in connection with claims for the same, including attorney's fees. 4. Definitions For the purpose of this lease: 4.01 "Building" means the lands and building, improvements or development constructed or to be constructed from time to time in, under or upon the lands known as 801 Laurel Oak Drive, Naples, FL 34108 and more particularly described in Schedule"B"attached hereto. 4.02 "Landlord's Statement", shall mean an instrument containing a good faith computation and reasonably itemized breakdown of any Additional Rent due pursuant to the provisions of Article 5 herein. 4.03 "Landlord's Work"shall have the meaning set forth in Schedule D, if applicable. 4.04 "Leased Premises"shall have the meaning ascribed to such term in Article 1. 4.05 "Lease Year"shall mean each consecutive twelve (12) month period during the Term with the first Lease Year commencing on the Commencement Date. 4.06. "Leasehold Improvements" means all installations, alterations, improvements, additions, partitions and fixtures (other than Tenant's personalty or moveable trade fixtures) from time to time made, erected or installed by the Tenant (excluding former tenant(s)), or by the Landlord or others on behalf of the Tenant (excluding former tenant(s)), in or on the Leased Premises. 4.07 "Normal Business Hours", unless otherwise specified, means the hours from 8:00 a.m. to 6:00 p.m. from Monday to Friday and 8:00 A.M. to 1:00 P.M. on Saturdays of each week inclusive(except those days which are holidays). 4.08 "Operating Costs" means the total of all commercially reasonable expenses incurred in the complete maintenance and operation of the Building and allocable to the Term whether incurred by or on behalf of the Landlord or(without any duplication) incurred by or on behalf of any owner or owners of parts of or interests in the Building with whom the Landlord may from time to time have agreements for the pooling or sharing of costs. 4.08.1 Operating Costs shall include but are not limited to (but subject to certain deductions and exclusions as hereinafter provided) the cost of providing janitorial, supervisory, maintenance, pest control and other services, fees for management services either rendered by Landlord (or affiliate) or a third-party property manager, the cost of operating elevators, the cost of heating, cooling and ventilating all space, including both rentable and non-rentable areas which are not separately sub-metered,the cost of providing hot and cold water, electricity (including lighting) and other utilities and services to both rentable and non-rentable areas which are not separately sub- metered, the cost of all repairs including repairs to any Building improvements including elevators, the cost of window cleaning and providing security and supervision, the costs of all insurance for liability or fire or other casualties which the Landlord may obtain pursuant to the terms of this Lease, accounting costs incurred in connection with maintenance and operation of the Building, including computations required for the imposition of charges to tenants generally,the amount of all salaries, wages and fringe benefits paid to employees at or below the grade of property manager engaged in the maintenance or operation of the Building, amounts paid to independent contractors for any services in connection with such maintenance or operation, and other indirect expenses to the extent allocable to the maintenance and operation of the Building. Operating Costs which vary with occupancy shall be equitably adjusted to those costs which would have been incurred if the Building had been fully occupied during the period in question. 4.08.2 Notwithstanding anything contained in subsection 4.08.1, Operating Costs shall not include Taxes, income or like taxes of Landlord; interest and principal payments on or other costs associated with any loans financing the Building; ground rental or master lease payments; any costs, fines or penalties incurred because Landlord violated, or is otherwise responsible for the violation of, any governmental rule or authority or made any late payment of any component of Operating Costs; costs incurred because Landlord or another tenant violated the terms of any lease 2 GQ' October 2,2013 Pelican Bay Services Division Board Regular Session 5c. Administrator's Report-Status of office lease Page 3 of 27 or other agreement; costs of preparing, improving or altering any space in preparation for occupancy by any new or renewal tenant; expenses incurred in procuring other tenants and preparing leases or extensions or other documentation relating thereto, including,without limitation, advertising and legal fees; costs incurred to test, survey, abate, remove or otherwise remedy Hazardous Materials; compensation, wages, fringe benefits, workers' compensation insurance premiums and payroll taxes for employees above the grade of building manager or for officers, trustees or partners of Landlord; all items, utilities,services and other costs for which Tenant or any other tenant or occupant of the Building pays directly to third parties. 4.09 "Proportionate Share" means the fraction, which has as its numerator the Rentable Area of the Leased Premises and has as its denominator the Total Rentable Area of the Building. 4.10 "Rentable Area" of any premises on any floor or level of the Building means the area of the floor space therein as determined by the Landlord by actual measurement or from a floor plan including a proportionate share of the common service areas comprised of the corridors, lobbies, bathrooms, air-conditioning rooms, fan rooms,janitor's closets, telephone and electrical closets and other closets serving the Leased Premises in common with other premises including their respective enclosing walls. The Rentable Area of the Leased Premises is deemed to be 68,487 rentable square feet, and shall not be adjusted except to the extent any physical changes to same occurs during the Term of this Lease. 4.11 "Total Rentable Area of the Building" means the aggregate of all rentable areas of the Building and is deemed to be 68,593 rentable square feet and such calculation shall not be adjusted except to the extent any physical changes to same occur during the Term. 4.12 "Taxes" means all taxes, rates, duties, levies and assessments allocable to the Term, whether municipal, governmental by any homeowners association, property association or by the Pelican Bay Improvement District or otherwise, levied, imposed or assessed against the Building and the land appurtenant thereto or upon the Landlord in respect thereof or from time to time levied, imposed or assessed in the future in lieu thereof, or for which the Landlord is liable with respect to the Building, including those levied, imposed or assessed for special purposes and local improvements, schools, annual assessments by the Pelican Bay Foundation and those assessments which are special, unforeseen or extraordinary as well as those which are regular, foreseen and ordinary and including all costs and expenses (including legal and other professional fees and interest penalties on deferred payments) incurred by the Landlord in good faith in contesting, resisting or appealing any taxes, rates, duties, levies or assessments, but excluding income or profits taxes upon the income of the Landlord to the extent such taxes are not levied in lieu of taxes, rates, duties, levies and assessments against the Building or upon the Landlord in respect thereof. If any governmental authority imposes,assesses or levies any tax upon the Landlord as a substitute in whole or in part for a real estate tax or assessment, the substitute tax shall be deemed to be included in "Taxes" and shall be deemed to have been levied upon the Building. For all purposes of this Lease, Taxes otherwise arrived at shall be adjusted to that amount which would be incurred if the Building were fully improved during the period in question. 5. Taxes and Operating Costs 5.01 Landlord's Tax Obligations The Landlord covenants with the Tenant to pay promptly, when due to the taxing authority or authorities having jurisdiction, all Taxes as well as all items of sales tax paid by Tenant to Landlord in accordance with this Lease. The Landlord may postpone payment of any Taxes by it pursuant to this section to the extent permitted by law and if prosecuting in good faith any appeal against the imposition thereof. 5.02 Tenant's Tax Obligations The Tenant covenants with the Landlord: 5.02.1 To pay promptly when due to the taxing authority or authorities having jurisdiction all taxes, rates, duties, levies and assessment whatsoever, whether municipal, governmental or otherwise, levied, imposed or assessed (a) in respect of any and every business carried on in the Leased Premises by the Tenant or in respect of the use or occupancy thereof(including license fees), and (b) on any leasehold interest of the Tenant in the Leased Premises or any personal property of any kind, owned, installed or used by the Tenant, all of which the Tenant shall report to the appropriate taxing authority, and 5.02.2 To the extent not otherwise provided for herein, to promptly pay all Taxes upon or measured by rents reserved hereunder including all sales tax on the rental of real property and to the extent the failure to do so could result in the imposition of a lien therefor on the Building or liability to Landlord therefor; 3 GP October 2,2013 Pelican Bay Services Division Board Regular Session 5c. Administrator's Report-Status of office lease Page 4 of 27 5.03 Payment of Tenant's Proportionate Share of Taxes Commencing on the second anniversary of the Commencement Date, Tenant shall pay, as Additional Rent, Tenant's Proportionate Share of all Taxes payable by Landlord in respect of any calendar or fiscal year allocable to the Term. Landlord shall submit to Tenant Landlord's Statement and Tenant shall pay the Additional Rent set forth on such Landlord's Statement(less the amount of estimated payments paid by Tenant on account thereof) as set forth herein. Landlord, at its option, may require Tenant to make monthly payments on account of Tenant's Proportionate Share of Taxes. The monthly payments shall be one-twelfth (1/12th) of the amount of Tenant's Proportionate Share of Taxes and shall be payable on or before the first day of each month during the Term, in advance, in an amount reasonably estimated by Landlord and billed by Landlord to Tenant; provided that Landlord shall have the right initially to determine such monthly estimates and to reasonably revise such estimates from time to time. With reasonable promptness after Landlord has received the tax bills for any calendar or fiscal year, Landlord shall furnish Tenant with Landlord's Statement with respect thereto. If the actual amount of Tenant's Proportionate Share of Taxes exceeds the estimated amount of Tenant's Proportionate Share of Taxes paid by Tenant for any calendar or fiscal year, then Tenant shall pay to Landlord as Additional Rent the difference between the amount of estimated Tenant's Proportionate Share of Taxes paid by Tenant and the actual amount of Tenant's Proportionate Share of Taxes. This Additional Rent payment shall be due and payable within thirty (30) days after delivery of Landlord's Statement in compliance with Local Government Prompt Payment Act, Ch. 218, Fla. Stat. If the total amount of estimated payments made by Tenant in respect of Tenant's Proportionate Share of Taxes paid by Tenant for any calendar or fiscal year shall exceed the actual amount of Tenant's Proportionate Share of Taxes for such calendar or fiscal year, then such excess amount shall be credited against the monthly installments of Additional Rent due and payable from Tenant to Landlord hereunder with respect to Taxes, until such amount shall have been refunded in full to Tenant, provided however, that any excess payments made by Tenant during the Term that have not been so applied and are outstanding at the expiration or sooner termination of the Term shall be paid to Tenant within thirty (30) days following such expiration or sooner termination. 5.04 Payment of Tenant's Proportionate Share of Operating Costs Commencing on the second anniversary of the Commencement Date, Tenant shall pay to Landlord on account of Tenant's Proportionate Share of Operating Costs and as Additional Rent, a sum equal to one-twelfth (1/12th) of the amount of Tenant's Proportionate Share of Operating Costs for each calendar year allocable to the Term on or before the first day of each month of such expense year, in advance, in an amount reasonably estimated by Landlord and billed by Landlord to Tenant; provided that Landlord shall have the right initially to determine such monthly estimates, and to reasonably revise such estimates from time to time. As soon as practicable after the end of each fiscal year, Landlord shall prepare and furnish Tenant with Landlord's Statement setting forth Tenant's Proportionate Share of the Operating Costs incurred during the most recent calendar year. Within thirty (30) days after receipt by Tenant of Landlord's Statement, Tenant shall pay Tenant's Proportionate Share of the Operating Costs (less the amount of estimated payments paid by Tenant on account thereof) to Landlord as Additional Rent. If the actual amount of Tenant's Proportionate Share of Operating Costs for such calendar year exceeds the estimated amount of Tenant's Proportionate Share of Operating Costs paid by Tenant for said period, then Tenant shall pay to Landlord the difference between the estimated amount of Tenant's Proportionate Share of Operating Costs paid by Tenant and the actual amount of Tenant's Proportionate Share of Operating Costs. This Additional Rent payment shall be due and payable within thirty (30) days following delivery of Landlord's Statement in compliance with Local Government Prompt Payment Act Ch. 218, Fla. Stat. If the total amount of estimated payments made by Tenant in respect of Tenant's Proportionate Share of Operating Costs for such calendar year shall exceed the actual amount of Tenant's Proportionate Share of Operating Costs for said period, then such excess amount shall be credited against the monthly installments of Additional Rent due and payable from Tenant to Landlord hereunder with respect to Operating Costs until such amount shall have been refunded in full to Tenant provided, however, any excess payments made by Tenant during the Term that have not been so applied and are outstanding at the-expiration or sooner termination of the Term shall be paid to Tenant within thirty(30)days following such expiration or sooner termination. 6. Landlord's Statements 6.01 Landlord's Statements shall be rendered to Tenant, but Landlord's failure to render Landlord's Statement with respect to any fiscal year or Landlord's delay in rendering said Statement beyond a date specified herein shall not prejudice Landlord's right to render a Landlord's Statement with respect to that or any subsequent calendar or fiscal year. The obligations of Landlord and Tenant under the provisions of this Article with respect to any Additional Rent incurred during the Term shall survive the expiration or any sooner termination of the Term. If Landlord fails to give Tenant a statement of projected Operating Costs prior to the commencement of any calendar or fiscal year,Tenant shall continue to pay Operating Costs in accordance with the previous statement, 4 CP(- October 2,2013 Pelican Bay Services Division Board Regular Session 5c. Administrator's Report-Status of office lease Page 5 of 27 until Tenant receives a new statement from Landlord. 6.02 If the Tenant has cause to believe that any Landlord's Statement is incorrect,Tenant shall notify Landlord in writing within twenty (20) days after receipt of such Landlord's Statement identifying with specificity the particular item(s) that the Tenant believes is/are incorrect. The Tenant,acting by an independent firm of certified public accountants of national standing that is not being compensated by the Tenant on a contingency fee basis, may inspect, audit and copy the Landlord's books and records as applicable as more fully set forth below (each a "Tenant Audit"). The Landlord shall cooperate with the Tenant with any verification effort and shall provide the Tenant with copies of invoices and other evidence of costs/payments as the Tenant may reasonably request. Pending resolution of any verification request made by the Tenant or dispute between the parties, the Tenant shall continue paying Additional Rent in the amounts determined by the Landlord, subject to any adjustment after appropriate verification of the Additional Rent due and payable by the Tenant or resolution of any dispute as set forth below. The Tenant Audit shall commence by no later than ninety (90) calendar days after the Landlord's receipt of the Tenant's notice thereof and shall be completed and a copy of the results of the Tenant Audit shall be delivered to the Landlord within fifteen (15) business days after such commencement. 6.03 The Landlord shall maintain complete and accurate books and records of all Operating Expenses paid or incurred by the Landlord and all payments of Operating Expenses received from the Tenant or any other tenant or occupant of any portion of the Building. Such books and records shall be kept at a location in the county in which the Building is located, or at Landlord's headquarters in Westport, Connecticut, at Landlord's option. The Tenant, acting in the context of a Tenant Audit shall have the right, to inspect, copy and audit such books and records at any time during normal business hours subject to the conditions set forth in subsection 6.02 above. The Landlord shall promptly repay the Tenant for any overpayments which Tenant's auditors identify. If such overpayments exceed ten percent (10%) of the Tenant's payments of Additional Rent for the period, the Landlord shall pay for the reasonable thirds-party cost of the audit within ten (10) days following receipt of the Tenant's invoice therefor. If the parties are unable to resolve their differences as to the amount of any payment, the Tenant shall give notice to the Landlord identifying a disinterested certified public accountant of recognized competency. Within ten (10) days thereafter, the Landlord shall by written notice to the Tenant appoint a second disinterested certified public accountant of recognized competency. The certified public accountants thus appointed shall appoint a third disinterested certified public accountant of recognized competency and such three certified public accountants shall as promptly as possible, determine such matter but in no event later than thirty(30) days after the appointment of the third certified public accountant. The determination of the majority of the certified public accountants shall be conclusive upon the parties. Each party shall pay the fees and expenses of the accountant appointed by such party and shall share equally the fees and expenses of the third accountant. 6.04 If the Tenant fails to timely request the Tenant Audit, or the results of the Tenant Audit are not timely delivered to the Landlord as required by subsection 6.02 hereof, then such statement shall be deemed to have been approved and accepted by the Tenant as correct. 7. Tenant's Covenants Throughout the Term,the Tenant covenants with the Landlord as follows: 7.01 Rent Tenant shall pay Annual Base Rent and Additional Rent, subject to and in accordance with the terms of this Lease, without abatement, deduction or set-off, except as expressly provided herein. 7.02 Electricity 7.02.1 Tenant shall pay all separately metered electricity consumed by Tenant and not included in Operating Costs as defined. Tenant shall pay for the cost of installing submeters and/or checkmeters to measure Tenant's consumption of electricity; and 7.02.2 Tenant shall pay the actual and reasonable Building-standard cost of any replacement of electric light bulbs, tubes and ballasts in the Leased Premises to replace those installed at the commencement of the Term. The Landlord shall have the exclusive right to attend to such replacement on a commercially reasonable basis. The Landlord may adopt a system of re-lamping and re-ballasting periodically on a group basis in accordance with good practice in this regard. 7.03 Repair Tenant shall maintain the Leased Premises during the Term hereof, or any extensions thereof in good repair (reasonable wear and tear, damage resulting from fire, lightning or wind, and other 5 I CA October 2,2013 Pelican Bay Services Division Board Regular Session 5c. Administrator's Report-Status of office lease • Page 6 of 27 casualty only excepted (hereinafter collectively called the "said exceptions")); and that the Landlord may at all reasonable times enter and view the state of repair, and the Tenant shall repair according to notice in writing; and that in default of the Tenant carrying out such repairs,the Landlord may,at its option, make such repairs at the expense of the Tenant and in any and every such case the Tenant covenants with the Landlord to pay to the Landlord forthwith as Additional Rent all reasonable, out-of-pocket sums which the Landlord may have expended in making such repairs and shall not have previously received from the Tenant; and that the Tenant shall leave the Leased Premises in a clean state and in good repair the said exceptions only excepted, and provided further that the making of repairs by the Landlord shall not relieve the Tenant from the obligation to repair. 7.04 Repair where Tenant at Fault Notwithstanding anything in this Lease to the contrary, if the Building, including the Leased Premises, the elevators, the boilers, engines, pipes and other apparatus (or any of them) used for the purpose of heating, cooling or air conditioning the Building or operating the elevators, or if the Building or the roof or outside walls of the Building get out of repair or become damaged or destroyed as caused by the negligence or willful misconduct by the Tenant, its servants, agents or employees, the reasonable, out-of-pocket expenses of the necessary repairs, replacements or alterations shall be borne by the Tenant which shall pay the same to the Landlord within ten (10) days after receipt of invoices therefor. 7.05 Licenses,etc. The Tenant shall not permit any part of the Leased Premises to be used or occupied by any persons other than the Tenant, any subtenants permitted under Section 7.06 and the employees of the Tenant and any such permitted subtenant,and their respective clients,guests and others having lawful business with them, or permit any part of the Leased Premises to be used or occupied by any licensee or concessionaire, or permit any persons to by upon the Leased Premises other than the Tenant, its employees, such permitted subtenants and their respective employees, clients and others having lawful business with them. 7.06 Assignment and Subletting 7.06.1 Neither the Tenant nor any party claiming under or through the Tenant shall assign, mortgage or encumber this Lease, or sublease all or any part of the Leased Premises, or suffer or permit the Leased Premises or any part thereof to be subleased to or used by others, without the prior written consent of the Landlord in each instance. As provided in subsection 7.06.3 below, the Landlord shall not unreasonably withhold its consent to a proposed subletting or assignment. The transfer (or transfers in the aggregate) of more than a 30% interest in the Tenant to one not an owner of the Tenant on the date hereof, shall be deemed an assignment of this Lease for the purposes of this Section. If this Lease be assigned, or if the Leased Premises or any part thereof be sublet to or occupied by anybody other than the Tenant,the Landlord may,at the Landlord's option, collect rent from the assignee, subtenant or occupant, and apply the net amount collected to the Rent herein reserved (and any sublease shall confirm such option by the Landlord), but no such collection shall be deemed a waiver of the Tenant's obligations hereunder, or the acceptance of the assignee, subtenant or occupants, or a release of the Tenant from the obligations and liabilities of the Tenant under this Lease. 7.06.2 If the Tenant desires to assign this Lease or to sublease all or substantially all of the Leased Premises in the aggregate, the Tenant shall first give written notice to the Landlord of the proposed transaction which notice shall include(i)the name and address of the proposed transferee, (ii) the proposed effective date of the transaction, which shall be no less than forty-five (45) days nor more than 180 days after the date of delivery of the Tenant's notice, (iii) all of the terms of the proposed transaction and the consideration therefor, (iv) a copy of all existing and/or proposed documentation pertaining to the proposed transfer, (v) current financial statements of the proposed transferee certified by an officer, partner, member or owner thereof, (vi) such other information as the Landlord may reasonably require. The Landlord shall have the right, by notice to the Tenant within thirty (30) days after receipt of the Tenant's notice, to terminate this Lease. If the Tenant desires to sublease less than substantially all of the Leased Premises in the aggregate, the Tenant shall first give notice to the Landlord as aforesaid, and the Landlord shall have the right, by written notice to the Tenant within thirty (30) days after receipt of the Tenant's notice, to terminate this Lease with respect to the portion of the Leased Premises proposed to be subleased. If the Landlord exercises its right to terminate this Lease with respect to such portion of the Leased Premises, then the Annual Base Rent and Tenant's Proportionate Share shall be proportionally reduced, and an adjustment shall be made for amounts, if any, paid in advance and applicable to the portion of the Leased Premises no longer leased by the Tenant. 7.06.3 If the Landlord elects not to so terminate this Lease, then Landlord shall not unreasonably withhold its consent to the proposed subletting or assignment. The Tenant shall pay to the Landlord as Additional Rent, within ten (10)days after receipt of payments from a subtenant 6 S October 2,2013 Pelican Bay Services Division Board Regular Session 5c. Administrator's Report-Status of office lease Page 7 of 27 or assignee, any`Profit" on a subletting or assignment. For purposes of this subsection, the term "Profit" shall mean the excess of consideration of any type received by the Tenant from the subtenant or assignee, over (in the case of a sublease only) a pro rata portion of the Rent payable by Tenant hereunder. Whether or not the Landlord shall grant its consent, Tenant shall pay Landlord's review and processing fees, as well as any reasonable attorneys' fees incurred by the Landlord, within ten (10) days after written demand by the Landlord. The Landlord shall not in any event be obligated to approve of or consent to any proposed assignment or subletting unless: (a) in the reasonable judgment of the Landlord the proposed assignee or subtenant is of a character and engaged in a business such as are in keeping with the standards of the Landlord in those respects for the Building and its occupancy; (b)the proposed assignee or subtenant is of a financial strength and creditworthiness as the Landlord, in its sole and absolute discretion, deems sufficient to meet the monetary obligations of the Lease or sublease,as the case may be; (c) in the reasonable judgment of the Landlord the purposes for which the proposed assignee or subtenant intends to use the Leased Premises sublet or assigned to it are such as are in keeping with the standards of the Landlord for the Building and its occupancy, it being understood and agreed that any such written request for consent to a subletting or assignment shall specify the purpose for which the assignee or subtenant intends to use the Leased Premises so assigned or sublet and the Landlord shall not be required to consent to the use of the Leased Premises for such specified purposes should such proposed use be prohibited by this Lease, be a violation of applicable law,or violate any provision of the lease of any other tenant; (d) if any space is available in the Building at the time of the proposed assignment or sublet, the proposed per square foot rental rate of the assignment or sublet equals or exceeds 110%of the rental rate at which the Landlord is offering the available space. (e) the proposed assignee or subtenant shall not be a then-existing tenant or occupant of the Building, or a person or entity with whom the Landlord or its representatives is then dealing with regard to leasing space in the Building, or with whom the Landlord or its representatives has had any dealings within the past six months with regard to leasing space in the Building. 7.06.4 Notwithstanding the foregoing, without Landlord's consent and without being subject to Landlord's rights under subsections 7.06.2 and 7.06.3 above but upon sixty (60) days' prior notice to the Landlord, this Lease may be assigned, or the Leased Premises may be sublet, to any entity which is an "Affiliate" or"Successor" of the Tenant provided that (i) such entity has assets and a net worth at least equal to that of the Tenant on the date of such acquisition or corporate transaction, (ii) the Tenant shall not then be in default with respect to any of the Tenant's obligations under this Lease, and (iii) such transaction shall be made for a valid business purpose other than (and not principally for) the purpose of transferring the leasehold estate created hereby. Within ten (10) days after the execution of any such assignment or sublease, the Tenant shall deliver to the Landlord (i) a complete copy of the documentation pertaining to the transfer, and (ii) current financial statements of the Affiliate or Successor certified by an officer, partner, member or owner thereof. For the purposes of this Section, an "Affiliate" means any entity controlling, controlled by or under common control with the Tenant. A "Successor" means any entity which acquires all or substantially all of the assets of the Tenant or which survives a statutory merger or consolidation with the Tenant. If, at any time thereafter, the transferee shall no longer be an Affiliate of the Tenant, that shall be deemed a new assignment or sublease, as the case may be, subject to this Section. 7.06.5 No assignment, sublease or other transfer of this Lease, whether with or without the Landlord's consent, shall relieve the Tenant or any guarantor of this Lease from its obligations and liabilities under this Lease or any guaranty including, without limitation, the obligation to pay Rent and the obligation to obtain the Landlord's consent to any further assignment, subletting or other transfer. 7.07 Rules and Regulations The Tenant and its employees and all persons visiting or doing business with it on the Leased Premises shall be bound by and shall observe and perform the Rules and Regulations attached to this Lease as Schedule "C" (which may not uniformly applied to all tenants of the Building, but shall be enforced on a non-discriminatory basis), and any further and other reasonable Rules and Regulations made hereafter by the Landlord of which notice in writing shall be given to the Tenant, and all such Rules and Regulations shall be deemed to be incorporated into and form a part of this Lease. 7.08 Permitted Use of Premises and Insurance The Leased Premises shall be used for the operation of general purpose professional business offices, and lawful uses customarily ancillary thereto. The Tenant shall not do, omit or permit to be 7 Cpp October 2,2013 Pelican Bay Services Division Board Regular Session 5c. Administrator's Report-Status of office lease Page 8 of 27 done anything upon the Leased Premises which, after giving effect to its permitted use hereunder, shall cause the rate of insurance on the Building to be increased, and that if the rate of insurance on the Building shall be so increased by reason of anything done or omitted by the Tenant or by anyone permitted by the Tenant to be upon the Leased Premises, the Tenant shall pay as Additional Rent the amount of the such increase. 7.09 Tenant's Insurance The Tenant shall take out and keep in force during the Term: 7.09.1 Insurance with respect to fire and such other perils as are from time to time defined in the usual extended coverage endorsement (including flood, plate glass and malicious damage insurance) covering the Tenant's Leasehold Improvements for full replacement costs and which insurance shall include the Landlord a named insured, as its respective interest may appear with respect to the Tenant's Leasehold Improvements and shall provide that any proceeds recoverable in any event of loss to the Tenant's Improvements shall be payable to the Landlord (but the Landlord agrees to make available such proceeds towards the repair or replacement of the insured property if this Lease is not terminated pursuant to any other provisions hereof). Tenant shall also maintain insurance coverage on its furniture,equipment, inventory and files; 7.09.2 Comprehensive insurance of the type commonly called commercial general liability, which shall include coverage for personal liability, contractual liability, tenant's legal liability, non- owned automobile liability, bodily injury, death and property damage, all on an occurrence basis with respect to the business carried on, in or from the Leased Premises and the Tenant's use and occupancy thereof or any other part of the Building, which coverage shall be in the amount of $ 1,000,000 maximum combined single limit which insurance shall include the Landlord as an additional insured and shall protect the Landlord in respect of claims by the Tenant as if the Landlord were separately insured. Nothing within this provision shall waive the County's sovereign immunity limitations pursuant to§ 768.28, Florida Statutes. 7.09.3 Insurance against such other perils and in such other amounts as the Landlord may from time to time reasonably require based upon the standard in the community or buildings of an equivalent class and nature. Such changes shall be subject to the approval of the parties. 7.09.4 Any insurance maintained by the Tenant may be maintained under a blanket policy or blanket policies covering the Lease Premises and other premises leased or owned by Tenant or any affiliate of Tenant. Any casualty policy shall contain a waiver by the insurer or an authorization for Tenant to waive on behalf of the insurer any rights of subrogation or indemnity or any claim to which the insurer might otherwise be entitled against the Landlord or the agents or employees of the Landlord and shall also contain an undertaking by the insurer that no material change adverse to the Landlord or Tenant will be made, and the policy will not lapse or be cancelled, except after not less than tern (10) days written notice to the Landlord of the intended change, lapse or cancellation. The Tenant shall furnish to the Landlord, if and whenever requested by it, certificates as to the insurance from time to time required to be effected by the Tenant and its renewal or continuation in force. 7.10 Observance of Law The Tenant shall comply with all provisions of law including without limitation federal, state and local governmental legislative enactments, and any other federal, state or local governmental regulations which relate to the Tenant's particular manner of use of the Leased Premises,and the conduct of any business conducted in the Leased Premises. 7.11 Waste and Nuisance The Tenant shall not do or suffer any waste or damage, disfiguration or injury to the Leased Premises or the fixtures and equipment thereof or permit or suffer any damage to the floors thereof; and not to place therein any safe, heavy business machine or other heavy objects without first obtaining the consent in writing of the Landlord (not to be unreasonably withheld); and not to use or permit to be used any part of the Leased Premises for any dangerous, noxious or offensive trade or business and not to cause or permit any nuisance in,at or on the Leased Premises. 7.12 Pelican Bay General Covenants The Tenant acknowledges that the Leased Premises and the Building are subject to the Declaration and General Protective Covenants for Pelican Bay as recorded in the Official Records Book 825 at pages 1755 to 1788 inclusive of the Public Records of Collier County, Florida, as they may be amended from time to time,and the Declaration of Restrictions and Protective Covenants for Pelican Bay as recorded in the Official Records Book 849 at pages 933 to 937 inclusive of the Public Records of Collier County, Florida,as they may be amended from time to time. 8 i CA October 2,2013 Pelican Bay Services Division Board Regular Session 5c. Administrator's Report-Status of office lease Page 9 of 27 7.13 Entry by Landlord The Tenant shall permit the Landlord, its servants or agents to enter upon the Leased Premises at any reasonable time and from time to time for the purposes of inspection, window cleaning, maintenance, providing elevator service, making repairs, alterations or improvements to the Leased Premises or to the Building, or for the purpose of having access to utilities and services, (including under floor trench header ducts and access panels which the Tenant agrees not to obstruct), and the Tenant shall provide free and unhampered access for such purpose, and shall not be entitled to compensation for any inconvenience, nuisance or discomfort occasioned thereby, but the Landlord, in exercising its rights hereunder shall proceed to the extent reasonably possible so as to minimize interference with the Tenant's use and enjoyment of the Leased Premises.The Landlord, its servants or agents may at any time and from time to time enter upon the Leased Premises to remove any article or remedy any condition which, in the opinion of the Landlord reasonably arrived at, would be likely to lead to cancellation of any policy of insurance referred to in Section 7.09, and such entry by the Landlord shall not be deemed to be a re-entry. 7.14 County Indemnification Subject to 6 768.28 F/a. Stat. Subject to the limitations set forth in § 768.28, F/a. Stat., the Tenant shall indemnify, defend and hold harmless the Landlord, its parent, subsidiaries or affiliates and their respective officers, directors and employees from and against any and all third-party claims caused by the other party's actions or inactions. To the extent legally possible, the parties will continue the insurance arrangements in effect at the time of the commencement of this Lease, adjusted only so far as necessary to account for their change in legal position vis-à-vis. 7.15 Exhibiting Premises The Tenant shall permit the Landlord or its agents to exhibit the Leased Premises to prospective tenants and mortgagees during Normal Business Hours and upon reasonable prior notice (which may be verbal) during the last 210 days of the Term provided, however, that Landlord shall give the Tenant 24 hours notice (which may be verbal) of proposed entry to the Premises, the Landlord shall comply with the Tenant's reasonable security requirements and procedures, and all entries shall be made and performed so as to minimize the extent and duration of any interference to the Tenant's business. 7.16 Alterations,etc. 7.16.1 The Tenant will not make or erect in or to the Leased Premises any installations, alterations, additions, partitions, improvements or fixtures without submitting drawings and specifications to the Landlord and obtaining the Landlord's prior written consent,which consent shall not be unreasonably withheld,conditioned or delayed, in each instance,and the Tenant must further obtain the Landlord's written consent to any changes or changes in such drawings and specifications, which consent shall not be unreasonably withheld, conditioned or delayed, by competent contractors and subcontractors which the Landlord shall have approved, such approval not to be unreasonably withheld, conditioned or delayed. 7.16.2 Any work performed by or for the Tenant shall be performed by competent workmen whose labor union affiliations or lack of union affiliations do not conflict with those of any workmen who may be employed in the Building by the Landlord, its contractors or subcontractors; all such work shall be subject to inspection by the Landlord and shall be performed in accordance with any reasonable conditions or regulations imposed by the Landlord and completed in good and workmanlike manner in accordance with the description of the work approved by the Landlord, and the Tenant shall deliver to the Landlord a certificate of the Tenant's architect in form and terms reasonably satisfactory to the Landlord confirming that all such work has been completed in accordance with the plans and specifications approved by the Landlord; and the Tenant shall promptly pay to its contractors and subcontractors when due, the cost of all such work and of all materials, labor and services involved therein and of all decoration and all changes in the Building, its equipment or services, necessitated thereby. Tenant covenants that it will not suffer or permit during the Term hereof any mechanics or other liens for work, labor, services or materials ordered by it or for the cost of which it may be in any way obligated to attach to the Leased Premises or to the Building and that whenever and so often as any such liens shall attach or claims therefor shall be filed, the Tenant shall within ten (10) days after the Tenant has notice of the claim or lien procure the discharge thereof as a matter of record by bonding or otherwise. Except with respect to the Landlord's Work, the interest of the Landlord shall not be subject to liens for improvements made by the Tenant and the Tenant shall notify any contractor making any improvements of this provision. Tenant understands that the knowing or willful failure of the Tenant to provide such 9 c.4( October 2,2013 Pelican Bay Services Division Board Regular Session 5c. Administrator's Report-Status of office lease Page 10 of 27 • notice to the contractor shall render the contract between the Tenant and the contractor voidable at the option of the contractor. Prior to the commencement of any work requiring a permit, Tenant shall deliver to Landlord (i) plans of such alterations, installations or improvements in form and quality acceptable for the purposes of filing and approval for all necessary permits and approvals, which Tenant shall obtain at its sole cost and expense, and (ii) all certificates of insurance required pursuant to law naming Landlord and Landlord's mortgagee as additional insureds. 7.17 Glass The Tenant shall pay the cost of replacement with as good quality and size of any glass broken on the Leased Premises during the Term. 7.18 Window Coverings ' The Tenant shall not remove, add to or change curtains, drapes or other window coverings. So that the Building may have a uniform appearance from the outside, the Tenant shall cooperate with the Landlord in keeping window coverings open or closed at various times as the Landlord may from time to time direct. 7.19 Signs The Tenant shall not paint, display, inscribe, place or affix any sign, symbol, picture, advertisement, notice, lettering of any kind anywhere on any of the windows of the Leased Premises or the Building or any part of the inside or outside thereof or within the Leased Premises so as to be visible from the outside of the Building. The Landlord will prescribe the pattern and location of identification signs for the Tenant. The Tenant on ceasing to be a tenant of the Leased Premises shall, before leaving them, cause any sign, advertisement or notice as aforesaid to be removed at its own expense and in a workmanlike manner. 7.20 Name of Building The Tenant shall not to refer to the Building by any name other than "SunTrust Building" or the Building's street address or such other name as may be reasonably designated from time to time by the Landlord and the Tenant may use the name of the Building for the business address of the Tenant but for no other purpose. 7.21 Keep Tidy At the end of each business day the Tenant shall leave the Leased Premises in a reasonably tidy condition for the purpose of the performance of the Landlord's cleaning services hereinafter referred to. 7.22 Estoppel Certificate Within ten (10) days after each request by the Landlord, the Tenant shall deliver an estoppel certificate to the Landlord. Each estoppel certificate shall be certified to the Landlord, any mortgagee, any assignee of any mortgagee, any purchaser or any other person reasonably specified by the Landlord. Each estoppel certificate shall contain, without limitation, the following information certified by the person executing it on behalf of the Tenant: (a) Whether or not the Tenant is in possession of the Leased Premises; (b) Whether or not this Lease is unmodified and in full force and effect. (If there has been a modification of this Lease, the certificate shall state that this Lease is in full force and effect as modified, and shall set forth the modification); (c) Whether or not the Tenant contends that the Landlord is in default under this Lease in any respect after notice thereof; (d) Whether or not there are then existing set-offs or defenses against the enforcement of any right or remedy of the Landlord, or against any duty or obligation of the Tenant (and if so, specify the same); (e) The amount of Annual Base Rent then being paid hereunder and the dates to which the same, by installments or otherwise,and other charges hereunder, have been paid. 7.23 Legal Status of Tenant If Tenant is a corporation, limited partnership or other legal entity then the Tenant shall maintain such legal entity's status as active and authorized and registered to do business in the 10 II CA October 2,2013 Pelican Bay Services Division Board Regular Session 5c. Administrator's Report-Status of office lease Page 11 of 27 State of Florida, and shall annually provide proof acceptable to the Landlord of the continued existence and active status of such entity on request no more frequently than annually. If the Tenant is other than a corporation or partnership (example, a sole proprietorship or venture) then the Tenant shall take those steps necessary to comply with applicable laws to register said entity, enterprise or venture including but not limited to,complying with the Florida Fictitious Name Statute and shall supply upon demand by the Landlord of such compliance, including copies of registration with applicable governmental agencies. 7.24 Environmental Matters. The Tenant shall, at the Tenant's expense, keep and maintain the Leased Premises in compliance with all local, state and federal environmental laws, ordinances and regulations, including, without limitation, 42 U.S.C. §9601 et seq., 42 U.S.C. §6901 et seq., 49 U.S.C. §1801 et seq., 15 U.S.C. §2601 et seq., and the regulations promulgated thereunder, (all of the foregoing being referred to collectively as the "Environmental Laws"). During the Term, the Tenant shall permit no spills, discharges, or releases of any hazardous, radioactive or polluting substances, including without limitation any oil or petroleum products or any chemical liquids or solids(all of the foregoing being referred to collectively as "Hazardous Materials"). The Tenant shall indemnify, defend and hold harmless the Landlord, its successors and assigns from and against any claim, liability, cost, damage, expense, response or remedial action costs (including without limitation attorneys'fees, and costs of investigation or audit) relating to: (i) the presence, use, or storage on or under the Leased Premises, or any spill, discharge or release from the Leased Premises, of any Hazardous Materials during the Term; and (ii)any failure of the Leased Premises to comply with any applicable Environmental Law during the Term. The foregoing indemnity shall survive the expiration or termination of this Lease. 8. Landlord's Covenants Throughout the Term,the Landlord covenants with the Tenant as follows: 8.01 9uiet Enjoyment That, so long as the Tenant is not in Default hereunder beyond any applicable notice and cure period, the Tenant shall peaceably hold the Leased Premises during the Term hereof without interference, subject however,to the terms of this Lease. 8.02 Air Conditioning and Heating To provide throughout the Term, commercially reasonable and appropriate air conditioning, heating and ventilation equipment and systems in the Building which will provide a source or sources of processed air to the existing location or locations thereof within the Leased Premises, such processed air to be provided at all times during Normal Business Hours and at such other times as Tenant requires, except during the making of repairs, in such quantities and at such temperatures as shall be capable of maintaining in the Leased Premises conditions of commercially reasonable and appropriate temperature and comfort. Landlord shall make every effort possible to maintain a temperature in the Premises of approximately 72-75 degrees. The said air conditioning equipment and systems provided by the Landlord are designed for normal occupancy of the Leased Premises for office purposes on the basis of one person for every 100 square feet of space on an open floor basis and based on the window shading being fully closed in those offices having exterior windows during those hours directly exposed to the sun. Any use of the Leased Premises not in accordance with the aforementioned design standards, or arrangement of partitioning which interferes with the normal operation of said system may require changes or alterations in the system, or ducts through which the same operates. Any changes or alterations so occasioned, if such changes or alterations can be accommodated by the Landlord's equipment and if the Landlord consents to such changes or alterations, shall be made by the Landlord at the Tenant's cost and expense. The Landlord reserves the right to reasonably and temporarily stop the service of said air conditioning or heating equipment when necessary, by reason of accident or repairs, alterations or improvements, in the judgment of the Landlord desirable or necessary to be made, until such repairs, alterations or improvements shall have been completed (and which the Landlord shall complete diligently), and the Landlord shall further have no responsibility or liability for failure to supply said air conditioning or heating service when stopped as aforesaid or when prevented from so doing by strikes or by any cause beyond the Landlord's reasonable control, or by orders or regulations of any federal, state or municipal authority, or by failure of electric current, steam water or other suitable power supply, or by inability upon the exercise of reasonable diligence to obtain such electric current, steam, water or other suitable power supply for the operation of the said equipment. The Landlord shall not be liable for direct, indirect, consequential damage or economic loss or for damages arising from personal discomfort in each case by reason of the operation or non- operation of such equipment. The Tenant acknowledges that one(1) year may be required after the Tenant has fully occupied the Leased Premises in order to adjust and balance the air conditioning and heating systems, which it installs on the Leased Premises. If Tenant shall install any 11 �,P October 2,2013 Pelican Bay Services Division Board Regular Session 5c. Administrator's Report-Status of office lease Page 12 of 27 supplemental air conditioning or heating systems in the Leased Premises following the Landlord's Work, it shall be responsible for the cost of connecting to, extending and maintaining the said air conditioning and heating systems provided by the Landlord, from the Tenant's demising walls into the Leased Premises in accordance with drawings and specifications and by a contractor first approved by the Landlord,such approval not to be unreasonably withheld,conditioned or delayed. 8.03 Elevators To furnish, except when repairs are being made, reasonable and appropriate dual elevator service on a 24 hour, 7 days per week, 52 weeks per year basis; operator-less automatic elevator shall be deemed "elevator service" within the meaning of this Section 8.03; and to permit the Tenant and the employees of the Tenant to have free use of such elevator service in common with others. All deliveries to the Leased Premises shall be made by elevators reasonably designated by the Landlord and during such reasonable times, during Normal Business Hours, as may be reasonably regulated by the Landlord. 8.04 Access To grant Tenant access to and use of the Leased Premises and use of designated dual elevator service 24 hours per day, seven (7) days per week, 52 weeks per year, subject to the operation of Landlord's computerized access system at the Building's entrance and to Landlord's Rules and Regulations attached hereto as Schedule C. To permit all persons lawfully desiring access to or communication with the Tenant to have the use during Normal Business Hours in common with others of the main entrance and the stairways, corridors and elevators in the Building leading to the Leased Premises, except during times of repair service. At times other than during Normal Business Hours, persons lawfully desiring access to or communication with the Tenant shall have access to the Building and to the Leased Premises and the use of the elevators only in accordance with the Rules and Regulations. 8.05 Washrooms To permit the Tenant and the employees of and other persons having business with the Tenant in common with others entitled thereto to use those washrooms in the Building on the floor or the floors on which the Leased Premises are situated and which are not entirely within the premises of another tenant. 8.06 Janitorial Service To provide cleaning of the Leased Premises five nights per week,except holidays. 8.07 Insurance Subject to Section 5.03 hereof,to take out and to maintain in full force and effect throughout the Term of this Lease such insurance for the sole account and benefit of the Landlord as the Landlord from time to time considers useful, expedient or beneficial, including, without limitation, the following: 8.07.1 Insurance against all risks of loss or damage to the Building (excluding, however, any items required to be insured by Tenant pursuant to Section 7.09.1) in an amount not less than the full replacement cost of the Building (excluding foundations); thereof under an "all risk" policy written by a responsible insurance company authorized to do business in Florida. 8.07.2 Insurance against all explosion, rupture or failure of boilers, pressure vessels, air conditioning equipment and miscellaneous electrical apparatus on a blanket basis with broad form coverage, including repair and replacement; 8.07.3 Insurance against loss of any rent and Additional Rent payable by tenants which loss may arise due to damages or destruction of the Building or any part thereof: 8.07.4 Commercial general liability insurance coverage, including insurance against third party liability hazards including exposure to personal injury, bodily injury and property damage on an occurrence basis, including insurance for all contractual obligations arising from the management or operation of the Building, and covering also actions of all employees, other persons, subcontractors and agents while working on behalf of the Landlord. 8.07.5 Insurance against any other form or forms of loss that the Landlord or its mortgagees may reasonably require from time to time. 8.07.6 Notwithstanding any contribution by the Tenant to insurance premiums as provided for in this Lease, no insurable interest is conferred upon the Tenant under policies carried by the Landlord. 12 CP October 2,2013 Pelican Bay Services Division Board Regular Session 5c. Administrator's Report-Status of office lease Page 13 of 27 • 8.07.7 Landlord and Tenant each hereby waives any and every claim or right for recovery from the other party, or from the other party's employees, agents,contractors,customers, invitees, or business visitors, for any and all loss or damage to the Leased Premises or the remainder of the Building or to the contents thereof, to the extent such loss or damage is insured or is required to be insured by it under the terms of this Lease, whichever amount of coverage is greater, regardless of whether such loss or damage is due to the negligence of such other party or its agents, employees, contractors, customers, invites, or business visitors. Landlord and Tenant will cause their respective insurers to issue or provide for appropriate waiver of subrogation endorsements or provisions to all casualty policies of physical damage carried in connection with the Building or the Leased Premises or the contents of either of them, and each of Landlord and Tenant herby waive each of its insurer's rights of subrogation to the extent it is authorized to do so. Said endorsements shall provide that such insurance policies shall not be invalidated by reason of the foregoing waiver. 8.08 Maintenance, Repair and Replacement Landlord shall be responsible for and shall maintain, repair, replace and keep in good operating condition, comparable to similar first-class commercial office properties in the Pelican Bay, Naples, Florida area, the common areas (including, without limitation,the lobbies, elevators, stairs, grounds, loading areas, corridors and common restrooms), the roofs, foundations, floors, ceilings, walls, load-bearing elements, conduits and structural walls and other structural elements of the Building, the underground utility and sewer pipes of the Building, all base building mechanical, electrical, plumbing, HVAC system and the sprinkler system and other fire and life- safety systems,and the underground parking structure and surface parking facility; provided that, to the extent the need for any such repairs or replacements arise as a the result of the negligence or willful misconduct of Tenant (or Tenant's subtenants, agents, employees, subcontractors, contractors, licensees, invitees (while within the Premises), assignees or sub-tenants) and the same is not covered under the policies of casualty insurance which are required to be carried by the parties pursuant to this Lease, the cost of such repairs or replacements shall be reimbursable by Tenant to Landlord as Additional Rent under this Lease. 8.09 Operation and Repair Standards Landlord shall operate the Building in a manner consistent with the standards of a first- class commercial office property in the Pelican Bay, Naples, Florida area. All repairs, replacements and maintenance required of Landlord pursuant to this Section or elsewhere in this Lease shall be performed in accordance with standards applicable to comparable first-class commercial office buildings in Pelican Bay, Naples, Florida, and performed in a timely and diligent fashion. 9. Fixtures Any trade fixtures, furnishings, equipment and personal property placed in the Premises that are removable without damage to the Building or the Premises, whether the property of Tenant or leased by Tenant, are herein sometimes called "Tenant's Property". Any of Tenant's Property not removed from the Premises prior to the Expiration Date shall, at Landlord's option, become the property of Landlord or Landlord may remove such Tenant's Property, and Tenant shall pay to Landlord, Landlord's reasonable, out-of-pocket cost of removal and of any repairs in connection therewith. All appurtenances, additions, fixtures and improvements (other than Tenant's Property) attached to or installed in or upon the Premises, whether placed there by Tenant or by Landlord, shall be Landlord's property and shall remain upon the Premises at the termination of this Lease by lapse of time or otherwise without compensation or allowance or credit to Tenant. 10. Damage and Destruction 10.01. If the Building shall be partially damaged by fire or other casualty so that the damage can reasonably be repaired by the Landlord within 180 days from the date of the damage (90 days in the case of damage within the last twelve (12) months of the Term), then the damage shall be diligently repaired by and at the expense of the Landlord (to the extent of net insurance proceeds actually received by the Landlord for restoration), subject to the Landlord's obligations under any mortgage, applicable law and insurance requirements, and the Rent until such repairs shall be made shall be apportioned according to the part of the Leased Premises which is tenantable. 10.02. If the Building is destroyed or rendered wholly untenantable by fire or other cause,or if the Building shall be so damaged that it cannot reasonably be repaired by the Landlord within 180 days (90 days in the case of damage within the last twelve (12) months of the Term) from the date of the damage, or if the Landlord shall elect not to restore the same but to demolish it or rebuild it, then in any of such events the Landlord may, within sixty (60) days after such casualty, give the Tenant a notice in writing of intention to terminate this Lease, and thereupon the Term shall expire, effective the date of the casualty, and the Tenant shall vacate the Premises and surrender the same 13 CAS October 2,2013 Pelican Bay Services Division Board Regular Session 5c. Administrator's Report-Status of office lease Page 14 of 27 to the Landlord within ten (10) days after receipt of the Landlord's notice. If the Landlord does not elect to terminate this Lease,the provisions of subsection 10.01 shall govern. 11. Condemnation 11.01 The Tenant shall have no right to the proceeds arising from any condemnation by the power of eminent domain unless part or all of the Leased Premises are condemned or access thereto is materially and adversely affected thereby in which event Tenant's right to proceeds shall be limited to the extent expressly attributable to Tenant's leasehold interest and to the extent they do not diminish Landlord's proceeds. 11.02 If any part of the Leased Premises is condemned and as a result thereof the area of the Leased Premises is physically reduced, then from and after the date of such physical reduction the Rentable Area of the Leased Premises shall be adjusted to take into account any such reduction in area and the Annual Base Rent and Additional Rent payable by the Tenant herein shall be adjusted on the basis of the Rentable Area set out therein. 12. Damage to Property The Landlord shall not be liable or responsible in any way for any loss of or damage or injury to any property belonging to the Tenant or to employees of the Tenant or to any other person while such property is on the Leased Premises or in the Building whether or not such property has been entrusted to employees of the Landlord and without limiting the generality of the foregoing the Landlord shall not be liable for any damage to any such property caused by steam, water or rain which may leak into, issue or flow from any part of the Building or from the water, steam or drainage pipes or plumbing works of the Building or from any other place or quarter or for any damage caused by or attributable to the condition or arrangement of any electric or other wiring or for any damage caused by anything done or omitted by the Landlord or by other tenant of the Building. All property of the Tenant kept or stored on the Leased Premises shall be so kept or stored at the risk of the Tenant only and the Tenant shall defend and indemnify the Landlord and save it harmless from any claim arising out of damage to the same. Under no circumstances shall Tenant have any obligation to pay Landlord for damages otherwise compensated by insurance. 13. Exculpation The Landlord and, in case the Landlord shall be a joint venture, partnership, tenancy-in- common, association or other form of joint ownership, the members of any such joint venture, partnership, tenancy-in-common, association or other form of joint ownership, shall have absolutely no personal liability with respect to any provision of this Lease or any obligation or liability arising from this Lease or in connection with this Lease in the event of a breach or default by the Landlord of any of its obligations.The Tenant shall look solely to the equity of the Landlord in the Building for the satisfaction of Tenant's remedies requiring the payment of money. Such exculpation of liability shall be absolute and without any exception whatsoever. 14. Impossibility of Performance Except as otherwise provided in this Lease, whenever and to the extent that either party shall be unable to fulfill or shall be delayed or restricted in the fulfillment of any obligation hereunder in respect of the supply or provision of any service or utility or the doing of any work or administrative function or the making of any repairs, by reason of being unable to obtain the material, information, goods, equipment, service, utility or labor required to enable it to fulfill such obligation or by reason of any statute, law or executive order or any regulation or order passed or made pursuant thereto or by reason of the order or direction of any administrator, controlled or board, or any governmental department or officer or other authority, or by reason of not being able to obtain any permission or authority required thereby, or by reason of any other cause beyond its control,whether of the foregoing character or not,such party shall be entitled to extend the time for fulfillment of such obligation by a time equal to the duration of such delay or restriction and the other shall not be entitled to any compensation for any inconvenience, nuisance or discomfort thereby occasioned or to cancel this Lease, except that financial incapacity shall not give rise to any such extension. 15. Default 15.01 Events of Default Each of the following events shall constitute Default: 15.01.1 If an insolvency of the Tenant shall occur,any of the following events shall be regarded as insolvency: (a)If the Tenant shall make an assignment for the benefit of creditors. 14 October 2,2013 Pelican Bay Services Division Board Regular Session 5c. Administrators Report-Status of office lease Page 15 of 27 (b) If the Tenant shall file or acquiesce to a petition in any court(whether or not pursuant to • any statute of the United States or of any State) in any bankruptcy, reorganization, composition, extension,arrangement or insolvency proceedings. (c) If the Tenant shall make an application in any such proceedings for, or acquiesce to, the appointment of a trustee or receiver for it or all or any portion of its property. (d) If any petition shall be filed against the Tenant to which it acquiesces in any court (whether or not pursuant to any statute of the United States or any State) in any bankruptcy, reorganization, composition, extension, arrangement or insolvency proceedings, and the proceedings shall be not dismissed,discontinued or vacated within ninety(90)days. (e) If the Tenant shall be adjudicated a bankrupt, or if any petition referred to in subsection 15.01.1(d)shall be approved by any court. (f) If, in any proceedings pursuant to the application of any person other than the Tenant to which it acquiesces, a receiver or trustee shall be appointed for the Tenant or for all or any portion of the property of either, and the receivership or trusteeship shall not be set aside within thirty (30) days after such appointment. 15.01.2 If the Tenant's interest in this Lease shall be assigned by operation of law unless expressly permitted under this Lease. 15.01.3 If the Tenant shall refuse to take possession of the Leased Premises on the Commencement Date of the Term. 15.01.4 If the Tenant shall fail to pay any installment of Annual Base Rent, Additional Rent or any other charge required to be paid by the Tenant under this Lease when the said payment shall be due and payable,whether lawfully demanded or not. 15.01.5 If there is a breach or non-observance or nonperformance of any of the covenants, agreements, provisions, conditions or Rules and Regulations on the part of the Tenant to be kept, observed or performed hereunder and such breach, nonobservance or non-performance shall continue for fifteen (15) days after receipt by Tenant of notice thereof (provided, however, that if such matter cannot reasonably be cured within fifteen (15) days,Tenant shall not be deemed to be in Default if Tenant shall have commenced to cure such matter within such fifteen (15) days and is diligently proceeding therewith). 15.02 Right of Termination This Lease is subject to the limitation that, if a Default shall occur for nonpayment of Rent or any other reason, Landlord may give to Tenant a notice of its intention to terminate this Lease at the expiration of three(3) business days from the date of service of the notice as required by Florida statute §83.20. At the expiration of the three (3) business days, the Landlord may then terminate the term of this Lease. Upon such termination, the Lease shall expire and all of the right, title and interest Tenant shall have under this Lease shall end. The Tenant shall then quit and surrender the Leased Premises to the Landlord. The Tenant's liability under all of the provisions of this Lease shall continue notwithstanding any expiration and surrender and notwithstanding any re-entry, repossession or dispossession under Section 15.03. 15.03 Right of Re-entry If the term of this Lease shall expire, the Landlord or its agents or employees may immediately or at any time thereafter lawfully reenter the Leased Premises and lawfully remove the Tenant, Tenant's agents, any subtenants, any licensees, any concessionaires and any invites, and any of its or their property from the Leased Premises. Re-entry and removal may be effectuated by summary dispossess proceedings or by any suitable action or proceeding at law, by lawful force or otherwise. If the term of this Lease shall expire, the Landlord may repossess and enjoy the Leased Premises.The Landlord shall be entitled to the benefits of all provisions of law respecting the speedy recovery of lands and tenements held over by the Tenant or proceedings in forcible entry and detainer. The Tenant waives any right to the service of any notice of the Landlord's intention to re- enter provided for by any present or future law. The Landlord shall not be liable in any way in connection with any lawful action it takes pursuant to this clause.The Tenant's liability shall survive the Landlord's re-entry, the institution of summary proceeding, and the issuance of any warrants with respect thereto. 15.04 Deficiency 15.04.1 If this Lease shall be cancelled under clause 15.02,the Tenant shall remain liable for all Rent and all other charges the Tenant would have been required to pay until the date this Lease would have expired had such cancellation not occurred. The Tenant's liability for Rent shall continue 15 CM October 2,2013 Pelican Bay Services Division Board Regular Session 5c. Administrator's Report-Status of office lease Page 16 of 27 notwithstanding re-entry or repossession of the Leased Premises by the Landlord. 15.04.2. If this Lease shall be cancelled under subsection 15.02, the Tenant shall pay "Agreed Current Damages" to the Landlord. As used in this Article 15 "Agreed Current Damages" means the difference between (a) the sum of(i) Rent as set forth in subsection 15.04.1,above; (ii) the expenses to which the Landlord may be put in re-entering the Leased Premises; repossessing the Leased Premises; making good any Default of the Tenant; putting the Leased Premises in proper repair; reletting the Leased Premises (including reasonable attorneys' fees and disbursements, marshal's fees, tenant improvement allowance, fit-up costs, and brokerage commissions, in so doing); (iii) the full amount of any tenant improvement allowances provided by Landlord to Tenant, (iv) the full cost of any tenant improvements made by Landlord for the benefit of Tenant, and (v) the sum of any leasing commissions paid by Landlord in connection with the Lease, each calculated without regard to principles of depreciation or amortization; and (b)the proceeds of any reletting of the Leased Premises actually received by the Landlord. 15.04.3. At the end of each month, the Tenant shall pay Agreed Current Damages for that month, if any. Each payment shall be made to the Landlord at the Landlord's notice address or such other address as the Landlord may designate by giving notice to the Tenant.Any suit brought by the Landlord to enforce collection of Agreed Current Damages for any one month shall not prejudice the Landlord's right to enforce the collection of Agreed Current Damages for any subsequent month, nor preclude Landlord's right to enforce the collection of Agreed Final Damages, as Landlord chooses, in its sole discretion. 15.04.4. The Landlord may relet all or any part of the Leased Premises for all or any part of the unexpired portion of the then current term of this Lease or for any longer period and may accept any Rent then obtainable; grant any commercially reasonable concessions of Rent; and agree to paint or make any special repairs, alterations, and decorations for any new tenant as it may deem advisable in its sole and absolute (but reasonable) discretion and in all cases the Tenant's liability for Rent shall continue. 15.05 Agreed Final Damages If this Lease shall be cancelled in accordance with subsection 15.02 and the Landlord so elects by notice to the Tenant, the Tenant shall pay the Landlord "Liquidated and Agreed Final Damages". As used in this Article 15, "Liquidated and Agreed Final Damages" means the difference between (a) (i) the Rent and all other charges which would have been payable by the Tenant from the date of the election to the date when this Lease would have expired if it had not been so cancelled, (ii) the expenses to which the Landlord may be put in re-entering the Leased Premises; repossessing the Leased Premises; making good any Default of the Tenant; putting the Leased Premises in proper repair; reletting the Leased Premises (including reasonable attorneys' fees and disbursements, marshal's fees, tenant improvement allowance, fit-up costs, and brokerage commissions, in so doing); (iii) the full amount of any tenant improvement allowances provided by Landlord to Tenant, (iv) the full cost of any tenant improvements made by Landlord for the benefit of Tenant, and (v) the sum of any leasing commissions paid by Landlord in connection with the Lease,each calculated without regard to principles of depreciation or amortization; and (b)the"Fair Rental Value" of the Leased Premises for the same period both discounted to present worth at an annual interest factor of seven percent (7%). Upon payment of Liquidated and Agreed Final Damages pursuant to the terms and conditions of this Section 15.05, Tenant shall be under no further liability with respect to the period after the date of cancellation. "Fair Rental Value"of the Leased Premises for purposes of this Section 15.05 shall conclusively be determined to be as agreed by the parties in writing for this purpose or, absent such agreement,the rent called for by any lease entered into by the Landlord for the Leased Premises subsequent to Tenant's surrender or removal. 15.06 Waiver of Right of Redemption The Tenant hereby waives (to the extent legally permissible), for itself and all persons claiming by, through, or under it, any right of redemption or for the restoration of the operation of this Lease under any present or future law in case the Tenant shall be dispossessed for any cause, or in case the Landlord shall obtain possession of the Leased Premises as herein provided. 15.07 Waiver of Trial by Jury Each of Landlord and Tenant hereby waives all right to trial by jury in any claim, action, proceeding or counter-claim by either the Landlord or the Tenant against each other on any matters arising out of or in any way connected with this Lease, the relationship of the Landlord and the Tenant, and/or the Tenant's use or occupancy of the Leased Premises. 15.08 Late Fee Any Rent not paid by Tenant by the date said payment is due shall incur an aggregated late charge equal to five percent(5%)of the unpaid installment, payable as Additional Rent on or before II 16 LA October 2,2013 Pelican Bay Services Division Board Regular Session 5c. Administrator's Report-Status of office lease Page 17 of 27 the first day of the succeeding month and every month thereafter. If the Tenant shall fail to pay any Rent within ten (10) days of the date said payment is due, the Landlord shall be entitled, in • addition to the aggregate late charge described above, to interest on the outstanding balance from the date on which the same was due to the date of payment at the annual rate equal to the lesser of (i)ten percent(10%),and (ii)the maximum amount allowable under Florida law. 15.09 Additional Remedies Waivers Etc. 15.09.1 The rights and remedies of the Landlord set forth herein shall be in addition to any other right and remedy now and hereafter provided by law. All rights and remedies shall be cumulative and not exclusive of each other. The Landlord may exercise its rights and remedies at any times, in any order, to any extent,and as often as the Landlord deems advisable without regard to whether the exercise of one right or remedy precedes, concurs with or succeeds the exercise of another. 15.09.2 A single or partial exercise of a right or remedy shall not preclude a further exercise thereof or the exercise of another right or remedy from time to time. 15.09.3 No delay or omission by the Landlord in exercising a right or remedy shall exhaust or impair the same or constitute a waiver of or acquiescence to Default. 15.09.4 No waiver of Default shall extend to or affect any other Default or impair any right or remedy with respect thereto. 15.09.5 No waiver of Default shall be effective unless it is in writing. 16. Distress In the event Tenant fails to cure any Default within the time frame set forth herein and shall abandon the Leased Premises, leaving trade fixtures,goods and chattels thereon,then, in that event only, the Tenant waives and renounces the benefit of any present or future statute taking away or limiting the Landlord's right of distress and covenants and agrees that notwithstanding any such statutes, all of the trade fixtures, goods and chattels of the Tenant on the Leased Premises at any time during the Term shall be subject to levy by distress for rent and all other charges payable under this Lease that are in arrears. 17. Overholdinq If the Tenant shall continue to occupy the Leased Premises after the expiration of this Lease without the consent of the Landlord and without any further written agreement, the Tenant shall be a hold over tenant at sufferance with a monthly rental rate of one hundred fifty percent (150%) of the sum of the last monthly Annual Base and Additional Rent payment made prior to such expiration, and Tenant waives any further notice or demands for rent due upon hold over. 18. Recovery of Adjustments The Landlord shall have (in addition to any other right or remedy of the Landlord) the same rights and remedies in the event of Default by the Tenant in payment of any amount payable by the Tenant as provided in this Lease, as the Landlord would have in the case of Default in payment of Annual Base rent. 19. Notice and Payments 19.01 Notice to Landlord and Tenant Any and all payments to be made by the Tenant to the Landlord as provided in this Lease shall be payable to the Landlord at the following address: Gulf Shore Associates, 1499 Post Road, Fairfield,CT 06824 or at such other address as the Landlord may from time to time notify the Tenant. 19.02 All notices, demands and other communications ("notices") permitted or required to be given under this Lease shall be in writing and sent by personal service, telecopy transmission (if a copy thereof is also sent on the same day by a nationally recognized overnight courier service), certified mail (postage prepaid) return receipt requested or by a nationally recognized overnight courier service, (a) to Tenant(i) at the address first set forth above,with copies to (ii)Tenant at the Premises (except prior to the Commencement Date, copies of notices shall be sent to Tenant's address at 801 Laurel Oak Drive, Naples, FL 34108,and (b)to Landlord at 1499 Post Road, Fairfield, Connecticut 06824 Attn: Property Manager with a copy to Stephan B. Grozinger, Esq., 249 Lyons 17 �PJ October 2,2013 Pelican Bay Services Division Board Regular Session 5c. Administrator's Report-Status of office lease Page 18 of 27 Plain Road, Weston, Connecticut, 06883, or (c) to such other address as either Landlord or Tenant • may designate as its new address(es) from time to time for such purpose by notice given to the other in accordance with the provisions of this Section 19.02. 19.03 Notices shall be deemed to have been given (i) when hand delivered (provided that delivery shall be evidenced by a receipt executed by or on behalf of the addressee if delivered by personal service) if personal service is used, (ii) the sooner of the date of receipt or the date that is three (3) days after the date of mailing thereof if sent by postage pre-paid registered or certified mail, return receipt requested, and (iii) one (1) day after being sent by FedEx or other reputable overnight courier service (with delivery evidenced by written receipt) if overnight courier service is used. 19.04 Notice to Mortgagee If the Landlord shall notify the Tenant that the Leased Premises are encumbered by a mortgage, and shall notify the Tenant of the name and address of the mortgagee, then, notwithstanding anything to the contrary, no default or termination notice intended for the Landlord shall be deemed binding on such mortgage unless a copy of the notice is simultaneously sent to the mortgagee by certified mail, return receipt requested. If any mortgagee shall perform any obligation that the Landlord is required to perform under this Lease, the performance by the mortgagee shall be deemed to be performance on behalf of the Landlord insofar as the Tenant is concerned, and the performance shall be accepted by the Tenant as if performed by the Landlord. 20. Transfers and Encumbrances by Landlord The Landlord may sell, transfer, lease, mortgage, encumber or otherwise deal with the Building or any portion thereof or any interest of the Landlord therein, in every case without the consent of the Tenant and without restriction, provided that any purchaser, transferee or lessee from or of the Landlord shall become bound by and covenant to perform the covenants and obligations of the Landlord under this Lease. In such case,the Landlord shall without further written agreement be freed and relieved of liability thereafter arising for such covenants and obligations. 21. Subordination and Attornment At the option of the Landlord, this Lease, all obligations of the Landlord hereunder and all rights of the Tenant hereunder shall be subject and subordinate to any and all mortgages now or at any time hereafter existing (including all charges and deeds of trust and mortgages securing bonds and all instruments supplemental thereto)which may now or at any time hereafter affect the Leased Premises or the Building in whole or in part, whether or not any such mortgage, charge or deed of trust affects only the Leased Premises or the Building or affects other premises as well and to all renewals, modifications, consolidations, replacements and extensions thereof. Tenant, whenever requested, at any time and from time to time by the Landlord or by any mortgagee (including any trustee under a deed of trust or mortgage) shall promptly (i) attorn to and become the tenant of such mortgagee, trustee (or any purchaser from such mortgagee, or trustee in the event of an exercise by such mortgagee or any permitted power of sale contained in any of the said mortgages or deeds of trust) for the then unexpired residue of the Term of this Lease on all terms and conditions contained herein and the Tenant shall not disaffirm this Lease or any of its obligations under this Lease, or (ii) postpone and subordinate this Lease to such mortgage or deed of trust to the intent that this Lease and all right, title and interest of the Tenant in the Leased Premises shall be subject to the rights of such mortgagee, or trustee as fully as if such mortgage or deed of trust had been executed and recorded and the money thereby secured had been advanced before the execution of this Lease (and notwithstanding any authority or consent of such mortgagee or trustee, expressed or implied, to the making of this Lease). The Tenant agrees to execute promptly any commercially reasonable instrument in confirmation of such attornment or postponement and subordination, as the case may be,as the Landlord may reasonably request. 22. Lease Entire Agreement The Tenant acknowledges that there are no covenants, representations, warranties, agreements or conditions, expressed or implied, collateral or otherwise, forming part of or in any way affecting or relating to this Lease and that this Lease constitutes the entire agreement between the Landlord and the Tenant and may not be modified except as herein explicitly provided or except by subsequent agreement in writing executed by the Landlord and the Tenant. 23. Recordation The Tenant covenants and agrees with the Landlord that the Tenant will not record or deposit this Lease in this form in any public office. If the Tenant desires to have a recorded notice of this Lease, then the parties hereto shall contemporaneously with the execution of this Lease execute a Memorandum of Lease solely for the purpose of giving notice thereof. 18 CAC October 2,2013 Pelican Bay Services Division Board Regular Session 5c. Administrator's Report-Status of office lease Page 19 of 27 24. Construction of Lease This Lease shall be governed by and construed in accordance with the laws of the State of Florida.The captions appearing in this Lease have been inserted as a matter of convenience and for reference only and in no way define, limit or enlarge the scope or meaning of this Lease nor any of the provisions hereof. Should any provision or provisions of this Lease be illegal or not enforceable, it or they shall be considered separate and several from the Lease and its remaining provisions shall remain in force and be binding upon the parties hereto as though the said provision or provisions had never been included. 25. Effect of Lease This Lease and everything herein contained shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, administrators, successors, assigns and other legal representatives, as the case may be, subject to the granting of consent by the Landlord to any assignment or sublease as and to the extent required under this Lease. 26. Brokers Landlord and Tenant each represent and warrant that they have not dealt with any real estate broker or agent in connection with this Lease or its negotiation. Landlord and Tenant shall indemnify, defend and hold each other harmless from any claims made by any other real estate agents or brokers in connection with this Lease or its negotiation arising from any communication by the indemnifying party. 27. Parking Throughout the Term, the Tenant shall have the right to have its employees, agents, clients, guests and invitees park their cars or vehicles in the parking lot for the Building in common with other tenants of the Building, at no additional cost to the Tenant. The Landlord reserves the right to designate the location for parking bicycles. The Landlord shall operate, maintain and repair such parking lot, the striping and parking blocks thereon and access thereto from dedicated streets, the cost thereof being part of the"Operating Costs". 28. Security Deposit Intentionally Omitted. 29. Extension Options Intentionally Omitted. 30. Miscellaneous. 30.01. Consents. Any provision of this Lease which requires Landlord not to unreasonably withhold its consent shall never be the basis for an award of damages or give rise to a right of setoff or termination to Tenant, but may be the basis for a declaratory judgment or specific injunction with respect to the matter in question. 30.02. Financial Reporting. The Tenant agrees to furnish, without expense to the Landlord, within ten (10) days after the request therefor, such financial information as may from time to time be reasonably requested by any existing or potential lender with respect to the obtaining or maintaining of the financing for the Building or any potential purchaser of the Building, which information shall include, but not be limited to, the Tenant's then current financial statements and operating statements indicating income, expenses, profits and losses of the Tenant's business operation (accountant prepared,where available). 30.03. Attorney's Fees. Landlord and Tenant, in the event of any action or legal proceeding to enforce its rights created by this Lease, shall be entitled to recover from the other non-prevailing party all its reasonable, out-of-pocket costs incurred in connection therewith, including reasonable attorney's fees. 30.04. Representations. The Landlord and the Landlord's agents have made no representations or promises with respect to the Building or the Leased Premises, including the uses permitted under applicable law, except for representations herein expressly set forth. 30.05.Time of Essence. Time is of the essence to this Lease and to all dates and time periods set forth herein. 19 c :kol �V, October 2,2013 Pelican Bay Services Division Board Regular Session 5c. Administrator's Report-Status of office lease Page 20 of 27 30.06. Survival. Obligations under this Lease which accrue during the Term shall survive the expiration or sooner termination of the Term. 30.07. Counterparts. This Lease may be signed on separate signature pages and shall be effective once this Lease has been signed by both of the parties and all signature pages have been attached to one another, it not being necessary for the parties to have physically signed the same signature pages of this Lease. Such signatures may also be by facsimile or other electronic means, which the undersigned all specifically agree shall be deemed to be binding upon each of them and each other as if an original signature. 30.08. Interpretation. The Landlord and the Tenant each acknowledge each to the other that both they and their counsel have reviewed and revised this Lease and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Lease or any amendments or exhibits hereto. 30.09. Governing Law; Consent to Jurisdiction. This Lease shall be governed by, and construed and enforced in accordance with, the internal laws of the State of Florida, without regard to principles of conflicts of law. Each of the parties submits to the exclusive jurisdiction of any state or federal court sitting in Fairfield County, Connecticut in any action or proceeding arising out of or relating to this Lease. Each of the parties waives any defense of inconvenient forum to the maintenance of any action or proceeding so brought and waives any bond, surety or other security that might be required of any party with respect thereto. 30.10. Proper Execution. The submission by the Landlord to the Tenant of this Lease in unsigned form shall be deemed to be a submission solely for the Tenant's consideration and not for acceptance and execution. Such submission shall have no binding force and effect, shall not constitute an option, and shall not confer any rights upon the Tenant or impose any obligations upon the Landlord irrespective of any reliance thereon, change of position or partial performance. The submission by the Landlord of this Lease for execution by the Tenant and the actual execution and delivery thereof by the Tenant to the Landlord shall similarly have no binding force and effect on the Landlord unless and until the Landlord shall have executed this Agreement and a counterpart thereof shall have been delivered to the Tenant. 30.11. Mortgagee Approval. Notwithstanding anything herein to the contrary, this Lease and the Tenant's rights hereunder remain subject to the Landlord's receipt of the unconditional approval of the Landlord's current mortgagee. In the event this Lease is rejected by the Landlord's mortgagee, the Landlord shall provide written notice to the Tenant no later than twenty (20) days following the Landlord's receipt of such final unappealable rejection and this Lease shall immediately terminate and be of no further force or effect. 31. Roof Top Antenna During the Term of this Lease, Tenant shall continue to have use of the existing roof top area at no cost to accommodate one (1) whip style antenna for the purpose of operating a two- way radio system in addition to the existing location in the 8th floor equipment room to accommodate a 1'x 1' rainbird box. No further expansion of either area is permitted. 32. Early Termination At any time following the twenty fourth (24th) month of this Lease, Tenant shall have the option to terminate this lease upon ninety (90)days written notice to Landlord. IN WITNESS WHEREOF, the Landlord and Tenant have hereto executed this Lease the day and year first above written. LANDLORD WITNESSES: GULF SHORE ASSOCIATES LIMITED PARTNERSHIP By: Pequot Capital South,Inc., Its General Partner By: Its: 20 cNC, October 2,2013 Pelican Bay Services Division Board Regular Session 5c. Administrator's Report-Status of office lease Page 21 of 27 TENANT AS TO THE LESSEE: DATED: BOARD OF COUNTY COMMISSIONERS, ATTEST: COLLIER COUNTY, FLORIDA DWIGHT E. BROCK, Clerk BY: BY: Deputy Clerk GEORGIA A. HILLER, ESQ., CHAIRWOMAN A proved as to form and legality: 7 leen M. Greene,Assistant County Attorney 21 0 October 2,2013 Pelican Bay Services Division Board Regular Session 5c. Administrator's Report-Status of office lease Page 22 of 27 SCHEDULE A PLAN AND DESCRIPTION OF LEASED PREMISES I. PLAN Appended as part of this Schedule is a plan(s) of the floor(s) of the Building containing the Leased Premises showing and identifying the Leased Premises by a red outline. II. DESCRIPTION The Leased Premises are as shown on the plan(s) appended as part of this Schedule. The exact boundaries of the Leased Premises intended to be demised are the same perimeter boundaries as delineate Rentable Area (excluding any Additional Area included in Rentable Area) and extend from the top surface of the structural sub-floor to the bottom of the structural ceiling,and include all interior space whether or not occupied by interior projections, shafts, duct work,ventilation spaces, columns, pipes, conduits or other physical features, and the plan(s) referred to shall be interpreted accordingly. 22 October 2,2013 Pelican Bay Services Division Board Regular Session • 5c. Administrator's Report-Status of office lease Page 23 of 27 SCHEDULE B LEGAL DESCRIPTION A portion of Parcel "B", PELICAN BAY UNIT ONE, a subdivision in part of Sections 4 and 9, Township 49 South, Range 25 East, Collier County, Florida, recorded in Plat Book 12, Pages 47 through 52, Public Records of Collier County, Florida,described as follows: Commence at the Southeast corner of said Parcel "B", thence North 00 39' 32" West, along the Easterly line of said Parcel "B", said line also being the Westerly Right of Way line of Tamiami Trail (U.S. 41), a distance of 1549.58 feet to the Point of Beginning; thence continue North 00 39' 32"West, a distance of 150.00 feet to the Southeast corner of Parcel "A"of said PELICAN BAY UNIT ONE; thence South 89 20' 28" West, along the Southerly line of said Parcel "A", a distance of 700.00 feet; thence South 00 39' 32" East, a distance of 378.28 feet to the beginning of a curve concave to the Northeast having a radius of 25.00 feet and a central angle of 90 00' 00"; thence Southerly, Southeasterly and Easterly, along the arc of said curve, a distance of 39.27 feet to the point of tangency; thence North 89 20' 28", East, a distance of 25.00 feet to the beginning of a curve concave to the Northwest having a radius of 350.00 feet and a central angle of 33 00' 00"; thence Easterly and Northeasterly, along the arc of said curve,a distance of 201.59 feet to the point of tangency; thence North 56 20' 28" East, a distance of 136.28 feet to the beginning of a curve concave to the Southeast having a radius of 450.00 feet and a central angle of 33 00' 00"; thence Northeasterly and Easterly, along the arc of said curve, a distance of 259.18 feet to the point of tangency; thence North 89 20' 28" East a distance of 50.00 feet and a central angle of 90 00' 00", thence Easterly, Northeasterly and Northerly along the arc of said curve, a distance of 78.54 feet to the Point of Beginning. 23 v October 2,2013 Pelican Bay Services Division Board Regular Session 5c. Administrator's Report-Status of office lease Page 24 of 27 SCHEDULE C RULES AND REGULATIONS The Tenant shall observe the following Rules and Regulations (as amended, modified or supplemented from time to time by the Landlord as provided in the Lease. 1. The sidewalks, entries, corridors, passages, elevators and common staircases shall not be obstructed or used by the Tenant, its agents, servants, contractors, invites or employees for any purpose other than ingress to and egress from the Leased Premises. The Landlord reserves entire control of all parts of the building used for the common benefit of the tenants and without restricting the generality of the foregoing, the sidewalks, entries,corridors, passages, not within the Leased Premises, washrooms, lavatories, air-conditioning closets, fan rooms, janitor's closets, electrical closets and other closets, stairs, elevator shafts, flues, stacks, pipe shafts and ducts, and shall have the right to place such signs and appliances therein, as it may deem advisable, provided that ingress to and egress from the Leased Premises are not unduly impaired thereby. 2. The Landlord may require that all or any persons entering or leaving the Building at any time other than normal Business Hours satisfactorily identify themselves and register in books kept for the purpose, and may prevent any person from entering the Leased Premises unless provided with a key thereto and a pass or other authorization from the Tenant in a form satisfactory to the Landlord, and may prevent any person removing any goods therefrom without written authorization. Any person found in the Building at such times without such keys or passes will be subject to the surveillance of the employees and agents of the Landlord.The Landlord shall be under no responsibility for failure to enforce this rule. 3. The Tenant shall not change any locks or place or cause to be placed any additional locks or other security devices upon any doors of the Leased Premises without the approval of the Landlord and subject to any condition imposed by the Landlord. Additional keys may be obtained from the Landlord at the cost of the Tenant. 4. Canvassing,soliciting and peddling in the Building are prohibited. 5. It shall be the duty of the Tenant to assist and cooperate with the Landlord in preventing injury to the Leased Premises and the Building. 6. The Tenant, its agents, servants, contractors, invites, or employees shall not bring in or take out, position, construct, install or move any safe, business machine or other heavy office equipment or heavy merchandise liable to overload, injure or destroy any part of the Building without first obtaining the consent in writing of the Landlord. In giving such consent, the Landlord shall have the right in its sole discretion,to prescribe the routes for moving such heavy items into or out of the Building, the weight permitted, the position thereof and the use and design of planks, skids, or platforms to distribute the weight thereof. All damage done to the Building by moving or using any such heavy equipment or other office equipment or furniture shall be borne by the Tenant and any such work shall occur only between 6:00 P.M. and the following 8:00 A.M. or at any other time consented to by the Landlord, and the persons employed to move the same in and out of the Building must be acceptable to the Landlord. Safes and other heavy office equipment may be moved through the halls and corridors only upon steel bearing plates. No freight or bulky matter of any description may be received into the Building or carried in the elevators, except during hours approved by the Landlord. 7. Any hand truck, carryall or similar appliance used in the Building shall be equipped with rubber tires,side guards and such other safeguards as the Landlord may require. 8. The water closets and other water apparatus shall not be used for any purpose other than those for which they were constructed, and no sweepings, rubbish, rags, ashes or other substances shall be thrown therein. Any damage resulting by misuse shall be borne by the Tenant by whom or by whose agents,servants or employees the same is cause.The Tenant shall not let the water run unless it is in actual use. 9. The Tenant shall not mark, paint, drill into or in any way deface the walls, ceilings, partitions, floors or any other parts of the Leased Premises or the Building except with the prior written consent of the Landlord and as it may direct. 10. The Tenant must observe strict care not to allow its doors or windows to remain open so as to admit rain or so as to interfere with the heating or air-conditioning of the Building. Any injury or damage caused to the Building or its appointments, furnishings, heating, air-conditioning, 24 GT October 2,2013 Pelican Bay Services Division Board Regular Session 5c. Administrator's Report-Status of office lease Page 25 of 27 or other appliances or to any other tenant or the premises occupied by any other tenant, by reason of doors or windows being left open so as to admit rain, or by interference with or neglect of the heating, air-conditioning, or other appliances, or by reason of any other misconduct or neglect upon the part of the Tenant or any other person or servant subject to it, shall be made good by the Tenant in whose premises the neglect, interference or misconduct occurred. 11. The Landlord will have the care of all heating and air conditioning appliances and give all information for the regulation of same. 12. The Tenant shall give the Landlord prompt notice of any accident to or any defect in any plumbing, heating, air conditioning, mechanical or electrical appliance or any other part of the Building. 13. The Tenant shall not do or permit anything to be done in or upon the Leased Premises or bring or keep anything therein which will in any way increase the risk of fire, or obstruct or interfere with the rights of other tenants, or violate or conflict with the laws relating to fire or with the regulations of the Fire Department, of the Health Department, or with any of the rules of the applicable governing authority. 14. The Tenant shall not permit the use of any electrical apparatus likely to cause an overloading of electrical circuits. 15. No inflammable oils or other flammable, dangerous or explosive materials shall be kept or permitted to be kept in the Leased Premises or the Building. 16. Nothing shall be placed on balconies or the outside of windowsills or projections. 17. Nothing shall be thrown by the Tenant, its clerks or servants, out of windows or doors,or down the passages or elevator shafts of the Building. 18. The Tenant shall keep the Leased Premises in a good state of preservation and cleanliness, and shall not suffer any accumulation of useless property or rubbish therein.The Tenant will not place or allow to be placed in or on the sidewalks, entries, corridors or common staircases any waste paper,dust, garbage, refuse or anything whatever that would tend to make them unclean or untidy. 19. The Tenant shall permit window cleaners to clean the windows of the Leased Premises during Normal Business Hours. 20. Furniture, effects and supplies shall not be taken into or removed from the Leased Premises, except at such time and in such manner as may be previously approved by the Landlord. 21. No one shall use the Leased Premises for sleeping apartments or residential purposes or for the storage of personal effects or articles other than those required for business purposes. 22. The Tenant, its clerks or servants shall not make, commit or permit any improper noises in the Buildings nor shall they operate or permit to be operated any musical or sound producing instrument or other device inside or outside the Leased Premises, which in the opinion of the Landlord is disturbing to the other tenants of the Building. 23. The Tenant, its clerks or servants shall not lounge about doors or corridors or interfere in any way with other tenants or those having business with them. 24. No animals or birds shall be brought into the Building or kept in or about the Leased Premises. 25. The windows, glass doors and the lights that reflect or admit light into the corridors, common areas or other places in the Building shall not be covered or obstructed by the Tenant, and no awning shall be put up, without the written consent of the Landlord. Nothing, whether books, packages, flower pots or any other articles whatsoever shall be placed upon or hung from the window sills. 26. The lining of all window drapes facing the interior surface of exterior windows shall be subject to the prior approval of the Landlord as to color and materials and the Tenant shall not hang and will remove any draperies which in the opinion of the Landlord do not conform to any uniform scheme of window coverings established for the Building. 27. The parking of cars in the parking garage of the Building shall be subject to the reasonable regulations of the Landlord. 25 October 2,2013 Pelican Bay Services Division Board Regular Session 5c. Administrator's Report-Status of office lease Page 26 of 27 28. No bicycles or other similar vehicles shall be brought within the Building. 29. The Landlord shall have the right to make such other and further reasonable rules and regulations as in its judgment may from time to time be needful for the safety,care,cleanliness and appearance of the Leased Premises and the Building and the occupants thereof and visitors thereto, including rules and regulations imposed by any governmental agency or any governmental statute, rule, law, resolution or act and for the preservations of good order therein and the same shall be kept and observed by the Tenant, its clerks and servants. 30. The foregoing Rules and Regulations, as from time to time amended, are not necessarily of uniform application, but may be waived in whole or in part in respect of other tenants without affecting their enforceability with respect to the Tenant and the Leased Premises, and may be waived in whole or in part with respect to the Leased Premises without waiving them as to future application to the Leased Premises, and the imposition of such Rules and Regulations shall not create or imply any obligation of the Landlord to enforce them or create any liability of the Landlord for their non-enforcement. 31. The Tenant agrees to the foregoing Rules and Regulations, which are hereby made a part of this Lease, and each of them, and agrees that for such persistent infractions of them, or any of them, as may in the opinion of the Landlord be calculated to annoy or disturb the quiet enjoyment of any tenant, or anyone under it, the Landlord may declare a forfeiture and cancellation of the Lease and may demand possession of the Leased Premises upon one week's written notice to the Tenant. 32. Smoking is prohibited in the Building. Tenant shall require its employees and visitors to smoke outside of the Building and shall adhere to any rules and regulations set forth by Landlord for smoking. 26 October 2,2013 Pelican Bay Services Division Board Regular Session 5c. Administrator's Report-Status of office lease Page 27 of 27 SCHEDULE D LANDLORD WORK 1. Landlord shall construct demising walls within the Leased Premises in accordance with the Schedule A floor plan attached hereto. In addition, Landlord shall install building standard carpeting and paint the Leased Premises. Landlord's cost for the above work shall not exceed ten thousand dollars ($ 10,000.00) and Tenant shall pay for all costs which exceed ten thousand dollars ($ 10,000.00). Landlord shall not make improvements in excess of $10,000.00 without prior approval by the Board of County Commissioners. 2. Landlord shall arrange and pay for the cost of moving Tenant from the temporary premises on the fourth floor to the third floor. 27 October 2,2013 Pelican Bay Services Division Board Regular Session 5d. Administrator's Report-Monthly Financial Report Page 1 of 13 Pelican Bay Services Municipal Services Taxing Unit Balance Sheet-September 30,2013 Operating Fund 109-FY 2013 (Unaudited) Assets Current Assets Cash and Investments $ 978,751.69 Interest Receivable - Improvements,Vehicles& Equipment 999,693.47 Due from Property Appraiser - Due from Tax Collector - Total Current Assets $ 1,978,445.16 Total Assets $ 1,978,445.16 Liabilities and Fund Balance Current Liabilities Accounts/Trade Payable $ 7,783.18 Accrued Wages Payable - Goods Received/Inventory Recv'd 15,808.39 Total Liabilities $ 23,591.57 Fund Balance Fund Balance-unreserved $ 1,068,208.22 Excess Revenues(Expenditures) 886,645.37 Total Fund Balance $ 1,954,853.59 Total Liabilities and Fund Balance $ 1,978,445.16 October 2,2013 Pelican Bay Services Division Board Regular Session 5d. Administrator's Report-Monthly Financial Report Page 2 of 13 Pelican Bay Services Municipal Services Taxing Unit Income Statement w/Budget-September 30,2013 Operating Fund 109-FY 2013 (Unaudited) Annual YTD YTD Budget Budget Actual Variance Operating Revenues: Carryforward $ 951,600.00 $ 951,600.00 $ 951,600.00 $ - Special Assessment-Water Management Admin 695,000.00 667,200.00 669,852.89 2,652.89 Special Assessment-Right of Way Beautification 1,878,800.00 1,803,648.00 1,810,531.67 6,883.67 Charges for Services 1,500.00 - - - Insurance Company Refunds - - 1,684.80 1,684.80 Surplus Property Sales - - 5,561.00 5,561.00 Miscellaneous Income231.85 - - 213.85 213.85 Revenue Reserve (128,700.00) - - - Interest 15,800.00 11,850.00 7,415.20 (4,434.80) Total Operating Revenues $ 3,414,000.00 $ 3,434,298.00 $ 3,446,859.41 $ 12,561.41 Operating Expenditures: Water Management Administration Payroll Expense $ 43,300.00 $ 41,600.00 $ 40,868.60 $ 731.40 Emergency Maintenace and Repairs 8,000.00 - - IT Direct Capital 200.00 200.00 200.00 - IT Office Automation/Billing Hr. 4,600.00 4,600.00 4,600.00 - Indirect Cost Reimbursement 85,100.00 85,100.00 85,100.00 Inter Payment/Mnt.Site Ins. Assessment 13,400.00 13,400.00 13,400.00 - Other Contractural Services 29,700.00 29,700.00 32,690.00 (2,990.00) Telephone 3,900.00 3,900.00 3,156.40 743.60 Postage and Freight 2,200.00 2,200.00 824.97 1,375.03 Rent Buildings and Equipment 11,000.00 11,000.00 10,946.95 53.05 Insurance-General 1,000.00 1,000.00 1,000.00 - Printing,Binding and Copying 1,800.00 1,800.00 1,160.47 639.53 Clerk's Recording Fees 1,000.00 1,000.00 - 1,000.00 Legal Advertising 1,500.00 1,500.00 1,000,00 500.00 Other Office and Operating Supplies 1,000.00 1,000.00 480.49 519.51 Training and Education 1,100.00 1,100.00 405.90 694.10 Total Water Management Admin Operating $ 208,800.00 $ 199,100.00 $ 195,833.78 $ 3,266.22 Water Management Field Operations Payroll Expense $ 134,600.00 $ 129,400.00 $ 127,580.30 $ 1,819.70 Engineering Fees 10,000.00 10,000.00 15,559,90 (5,559.90) Flood Control Berm and Swale Mntc. 18,000.00 18,000.00 18,548.31 (548.31) Landscape Materials/Replanting Program 8,500.00 8,500.00 6,898.98 1,601 02 Interdepartmental Payment(Water Quality Lab) 30,100.00 30,100.00 17,582.00 12,518.00 Plan Review Fees 1,500.00 - - - Other Contractural Services 1,000.00 1,000.00 - 1,000.00 Temporary Labor 44,900.00 44,900.00 46,816.48 (1,916.48) Telephone 500.00 500.00 472.47 27.53 Trash and Garbage 5,700.00 5,700.00 5,514.00 186.00 Motor Pool Rental Charge 100.00 100.00 122.50 (22.50) Insurance-General 2,400.00 2,400.00 2,400.00 - Insurance-Auto 900.00 900.00 900.00 . Building Repairs&Mntc. 1,700.00 1,700.00 4,253.16 (2,553.16) Fleet Maintenance and Parts 2,400.00 2,400.00 6,161.53 (3,761.53) Fuel and Lubricants 3,300.00 3,300.00 2,628.02 671.98 Tree Triming 36,000.00 36,000.00 38,544.00 (2,544.00) Page 1 of 3 October 2,2013 Pelican Bay Services Division Board Regular Session 5d. Administrator's Report-Monthly Financial Report Page 3 of 13 Clothing and Uniforms 1,100.00 1,100.00 1,326.00 (226.00) Personal Safety Equipment 500.00 500.00 2,231.34 (1,731.34) Fertilizer and Herbicides 98,400.00 98,400.00 68,500.77 29,899.23 Other Repairs and Maintenance 1,500.00 1,900.00 4,077.69 (2,177.69) Other Operating Supplies and Equipment 2,500.00 2,500.00 4,905.56 (2,405.56) Total Water Management Field Operating $ 405,600.00 $ 399,300.00 $ 375,023.01 $ 24,276.99 Right of Way Beautification-Operating Payroll Expense $ 44,600.00 $ 42,900.00 $ 42,207.25 $ 692.75 Emergency Repairs and Maintenance 7,400.00 - - - IT Direct Capital 200.00 200.00 200.00 - Office Automation 9,500.00 9,500.00 9,500.00 - Other Contractural Services 37,100.00 37,100.00 36,285.00 815.00 Telephone 3,940.00 3,900.00 3,156.40 743.60 Postage 2,200.00 2,200.00 799.30 1,400.70 Rent Buildings/Equipment/Storage 12,200.00 12,200.00 11,903.01 296.99 Insurance-General 500.00 500.00 500.00 - Printing,Binding and Copying 2,600.00 2,600.00 660.00 1,940.00 Clerk's Recording 2,000.00 2,000.00 - 2,000.00 Legal Advertising 2,000.00 2,000.00 417.80 1,582.20 Office Supplies General 1,000.00 1,000.00 410.48 589.52 Training and Education 1,500.00 1,500.00 1,500.62 (0.62) Total Right of Way Beautification Operating $ 126,700.00 $ 117,600.00 $ 107,539.86 $ 10,060.14 Right of Way Beautification-Field Payroll Expense S 802,100.00 $ 771,300.00 S 758,953.01 $ 12,346.99 Emergency Maintenance and Repairs 3,300.00 1,100.00 809.68 290.32 Flood Control(Water Use&Swale/Berm Mntc.) 89,900.00 89,900.00 81,261.82 8,638.18 Pest Control 6,000.00 6,000.00 8,975.00 (2,975.00) Landscape Incidentals 2,500.00 2,500.00 781.30 1,718.70 Other Contractural Services 29,500.00 29,500.00 26,914.95 2,585.05 Temporary Labor 201,400.00 201,400.00 202,700 00 (1,300.00) Telephone 3,200.00 3,200.00 2,604.87 595.13 Electricity 3,400.00 3,400.00 1,591.22 1,808.78 Trash and Garbage 17,000.00 17,000.00 10,715.96 6,284.04 Rent Equipment 2,500.00 2,500.00 2,591.31 (91.31) Motor Pool Rental Charge 500.00 500.00 481.79 18.21 Insurance-General 9,300.00 9,300.00 9,300.00 - Insurance-Auto 10,000.00 10,000.00 10,000.00 - Building Repairs and Maintenance 1,700.00 1,700.00 1,700.00 Fleet Maintenance and Parts 17,600.00 17,600.00 23,772.42 (6,172.42) Fuel and Lubricants 64,600.00 64,600.00 51,628.78 12,971.22 Licenses,Permits,Training 800.00 800.00 306.00 494.00 Tree Triming 64,500.00 64,500.00 63,753.00 747.00 Clothing and Uniforms 9,400.00 9,400.00 5,162.24 4,237.76 Personal Safety Equipment 3,000.00 3,000.00 3,865.90 (865.90) Fertilizer and Herbicides 62,000.00 62,000.00 61,654.36 345.64 Landscape Maintenance 46,000.00 46,000.00 47,569.90 (1,569.90) Mulch/Landscape Materials 52,000.00 52,000.00 50,566.03 1,433.97 Pathway Repairs 6,000.00 6,000.00 6,000.00 Sprinkler Maintenance 30,000.00 30,000.00 23,875.73 6,124.27 Painting Supplies 800.00 800.00 420.05 379.95 Traffic Signs 3,000.00 3,000.00 - 3,000.00 Minor Operating Equipment 3,700.00 3,700.00 3,988.47 (288.47) Other Operating Supplies 9,000.00 9,000.00 6,466.33 2,533.67 Total Right of Way Beautification-Field Operating $ 1,554,700.00 $ 1,521,700.00 $ 1,460,710.12 $ 60,989.88 Total Operating Expenditures $ 2,295,800.00 $ 2,237,700.00 $ 2,139,106.77 $ 98,593.23 Page 2 of 3 October 2,2013 Pelican Bay Services Division Board Regular Session 5d. Administrator's Report-Monthly Financial Report Page 4 of 13 Capital Expenditures: Water Management Field Operations Other Machinery and Equipment $ - $ - $ - $ - General Improvements - - - - Total Water Management Field Operations Capital $ - $ - $ $ - Right of Way Beautification-Field Autos and Trucks $ 34,300.00 $ 34,300.00 $ 34,266.38 $ 33.62 Other Machinery and Equipmeny $0.00 $ - - Total Right of Way Beautification-Field Capital $ 34,300.00 $ 34,300.00 $ 34,266.38 $ 33.62 Total Capital Expenditures $ 34,300.00 $ 34,300.00 $ 34,266.38 $ 33.62 Total Operating Expenditures $ 2,330,100.00 $ 2,272,000.00 $ 2,173,373.15 $ 98,626.85 Non-Operating Expenditures: Transfer to Fund 322 $ 241,700.00 $ 241,700.00 $ 241,700.00 $ - Transfer to Fund 320 $ - $ - $ 100,000.00 $ (100,000.00) Tax Collector Fees 79,300.00 79,300.00 49,647.70 29,652.30 Property Appraiser Fees 72,900.00 72,900.00 42,609.10 30,290.90 Reserves(2 1/2 months for Operations) 533,400.00 533,400.00 533,400.00 - Reserve for Operating Fund Capital Improvement 65,000.00 - - - Reserves for Equipment 107,800.00 107,800.00 107,800,00 - ReservedforAttrition (16,200.00) (16,200.00) (16,200.00) - Revenue Reserve - - - - Total Non-Operating Expenditures $ 1,083,900.00 $ 1,018,900.00 $ 1,058,956.80 $ (40,056.80) Total Expenditures $ 3,414,000.00 $ 3,290,900.00 $ 3,232,329.95 $ 58,570.05 Net Profit/(Loss) $ - $ 143,398.00 $ 214,529.46 $ 71,131.46 Page 3 of 3 October 2,2013 Pelican Bay Services Division Board Regular Session 5d, Administrator's Report-Monthly Financial Report Page 5 of 13 Pelican Bay Services Municipal Services Taxing Unit Balance Sheet-September 30,2013 Street Lighting Fund 778-FY 2013 (Unaudited) Assets Current Assets Cash and Investments $ 638,002.82 Interest Receivable - Improvements,Vehicles&Equipment 47,534.71 Due from Tax Collector - Total Current Assets $ 685,537.53 Total Assets $ 685,537.53 Liabilities and Fund Balance Current Liabilities Accounts/Trade Payable $ 6,561.50 Goods Received/Inventory Recv'd 422.30 Accrued Wages Payable - Total Liabilities $ 6,983.80 Fund Balance Fund Balance-unreserved $ 416,959.28 Excess Revenue(Expenditures) . 261,594.45 Total Fund Balance 678,553.73 Total Liabilities and Fund Balance $ 685,537.53 October 2,2013 Pelican Bay Services Division Board Regular Session 5d. Administrator's Report-Monthly Financial Report Page 6 of 13 Pelican Bay Services Municipal Services Taxing Unit Income Statement w/Budget-September 30, 2013 Street Lighting Fund 778-FY 2013 (Unaudited) Annual YTD YTD Budget Budget Actual Variance Operating Revenues: Carryforward $ 376,200.00 $ 376,200.00 $ 376,200.00 $ - Curent Ad Valorem Tax 440,700.00 423,072.00 423,633.52 561.52 Delinquent Ad Valorem Tax - - 28.98 28.98 Insurance Claim - - 1,286.80 1,286.80 Revenue Reserve (22,300.00) - - Interest 6,700.00 5,025.00 2,533.84 (2,491.16) Total Operating Revenues $ 801,300.00 $ 804,297.00 $ 803,683.14 $ (613.86) Operating Expenditures: Street Lighting Administration Payroll Expense(*Amended Budget) $ 44,700.00 $ 43,000.00 $ 40,968.72 $ 2,031.28 Indirect Cost Reimbursement 8,700.00 8,700.00 8,700.00 - Other Contractural Services 26,900.00 26,900.00 24,775.00 2,125.00 Telephone 3,600.00 3,600.00 2,426.81 1,173.19 Postage and Freight 2,000.00 2,000.00 1,097.47 902.53 Rent Buildings/Equipment/Storage 11,800.00 11,800.00 11,555.36 244.64 Insurance-General 300.00 300.00 300.00 - Office Supplies General 800.00 800.00 325.70 474.30 Other Office and Operating Supplies 1,000.00 1,000.00 152.30 847.70 Total Street Lighting Admin Operating $ 99,800.00 $ 98,100.00 $ 90,301.36 $ 7,798.64 Street Lighting Field Operations Payroll Expense (*Amended Budget) $ 64,400.00 $ 61,900.00 $ 60,946.80 $ 953.20 Emergency Maintenance&Repairs 9,600.00 5,550.00 5,550.00 - Other Contractual Services 800.00 800.00 - 800.00 Telephone 500.00 500.00 475.09 24.91 Electricity(*Amended Budget) 41,200.00 41,200.00 29,690.83 11,509.17 Insurance-General 900.00 900.00 900.00 - Insurance-Auto 900.00 900.00 900.00 - Building Maintenace& Repairs 1,700.00 1,700.00 - 1,700.00 Fleet Maintenance and Parts 1,500.00 1,500.00 539.70 960.30 Fuel and Lubricants 900.00 900.00 848.58 51.42 Other Equipment Repairs/Supplies 200.00 200.00 235.00 (35.00) Personal Safety Equipment 500.00 500.00 500.00 - Electrical Contractors 7,300.00 7,300.00 3,710.70 3,589.30 Page 1 of 2 October 2,2013 Pelican Bay Services Division Board Regular Session 5d. Administrator's Report-Monthly Financial Report Page 7 of 13 Light Bulb Ballast 13,100.00 13,100.00 8,634.81 4,465.19 Total Street Lighting Field Operating $ 143,500.00 $ 136,950.00 $ 112,931.51 $ 24,018.49 Total Field Expenditures $ 243,300.00 $ 235,050.00 $ 203,232.87 $ 31,817.13 Capital Expenditures: Street Lighting Field Operations Other Machinery/Equipment $ 1,000.00 $ 1,000.00 $ - $ 1,000.00 General Improvements - - - Total Capital Expenditures $ 1,000.00 $ 1,000.00 $ - $ 1,000.00 Total Operating Expenditures $ 244,300.00 $ 236,050.00 $ 203,232.87 $ 32,817.13 Non-Operating Expenditures: Tax Collector Fees $ 13,700.00 $ 13,700.00 $ 8,515.51 $ 5,184.49 Property Appraiser Fees 9,000.00 9,000.00 - 9,000.00 Reserve for Future Construction 444,200.00 444,200.00 444,200.00 - Reserves(2 1/2 mos.for Operations) 57,600.00 57,600.00 57,600.00 - Reserves for Equipment 32,500.00 32,500.00 32,500.00 - Total Non-Operating Expenditures $ 557,000.00 $ 557,000.00 $ 542,815.51 $ 14,184.49 Total Expenditures $ 801,300.00 $ 793,050.00 $ 746,048.38 $ 47,001.62 Net Profit/(Loss) $ - $ 11,247.00 $ 57,634.76 $ 46,387.76 Page 2 of 2 October 2,2013 Pelican Bay Services Division Board Regular Session • 5d. Administrator's Report-Monthly Financial Report Page 8 of 13 Pelican Bay Services Municipal Services Taxing Unit Balance Sheet-September 30,2013 Clam Bay Fund 320-FY 2013 (Unaudited) Assets Current Assets Cash and Investments $ 189,083.21 Interest Receivable - Improvements,Vehicles& Equipment 277,373.99 Due from Tax Collector - Total Current Assets $ 466,457.20 Total Assets $ 466,457.20 Liabilities and Fund Balance Current Liabilities Accounts/Trade Payable $ 19,550.00 Goods Received/Inventory Recv'd 50,879.00 Accrued Wages Payable - Total Liabilities $ 70,429.00 Fund Balance Fund Balance-unreserved $ 213,429.30 Excess Revenues(Expenditures) 182,598.90 Total Fund Balance 396,028.20 Total Liabilities and Fund Balance $ 466,457.20 October 2,2013 Pelican Bay Services Division Board Regular Session 5d. Administrator's Report-Monthly Financial Report Page 9 of 13 Pelican Bay Services Municipal Services Taxing Unit Income Statement w/Budget-September 30,2013 Clam Bay Fund 320-FY 2013 (Unaudited) Annual YTD YTD Budget Budget Actual Variance Operating Revenues: Carry Forward $ 354,768.43 $ 354,768.43 $ 354,768.43 $ - Special Assessment 134,400.00 129,024.00 129,469.81 445.81 Transfer from Fund 109 - - 100,000.00 100,000.00 Transfer from Fund 111 32,300.00 32,300.00 32,300.00 - Revenue Reserve (6,800.00) - - - Interest 800.00 800.00 959.50 159.50 Total Operating Revenues $ 515,468.43 $ 516,892.43 $ 617,497.74 $ 100,605.31 Operating Expenditures: Clam Bay Restoration Engineering Fees $ 164,478.75 $ 112,900.00 $ 112,833.75 $ 66.25 Other Contractural Services 10,464.65 10,464.65 41,706.58 (31,241.93) Tree Trimming 67,000.00 67,000.00 37,440.00 29,560.00 Other Equipment Repairs 577.77 - - Aerial Photography 15,000.00 15,000.00 5,449.80 9,550.20 Minor Operating 2,988.01 - - - Other Operating Supplies 1,500.00 - - - Total Clam Bay Restoration $ 262,009.18 $ 205,364.65 $ 197,430.13 $ 7,934.52 Clam Bay Ecosystem Engineering Fees $ - $ - $ 9,261.25 $ (9,261.25) Licenses and Permits - - - - Other Contractual Services 212,859.25 202,216.29 201,623.80 592.49 Total Clam Bay Ecosystem $ 212,859.25 $ 202,216.29 $ 210,885.05 $ (8,668.76) Total Capital Expenditures $ 11,000.00 $ - $ - $ - Total Clam Bay Operating Expenditures $ 485,868.43 $ 407,580.94 $ 408,315.18 $ (734.24) Non-Operating Expenditures: Tax Collector Fees $ 4,200.00 $ 4,200.00 $ 2,577.33 $ 1,622.67 Property Appraiser Fees 2,700.00 2,700.00 2,015.21 684.79 Reserves for Operations 22,700.00 - - - Total Non-Operating Expenditures $ 29,600.00 $ 6,900.00 $ 4,592.54 $ 2,307.46 Page 1 of 2 October 2,2013 Pelican Bay Services Division Board Regular Session 5d. Administrator's Report-Monthly Financial Report Page 10 of 13 Total Expenditures $ 515,468.43 $ 414,480.94 $ 412,907.72 $ 1,57322 Net Profit/(Loss) $ - $ 102,411.49 $ 204,590.02 $ 102,178.53 Page 2 of 2 October 2,2013 Pelican Bay Services Division Board Regular Session 5d. Administrator's Report-Monthly Financial Report Page 11 of 13 Pelican Bay Services Municipal Services Taxing Unit Balance Sheet-September 30,2013 Capital Projects Fund 322-FY 2013 (Unaudited) Assets Current Assets Cash and Investments $ 2,719,986.07 Interest Receivable - Improvements,Vehicles& Equipment 1,193,047.50 Due from Tax Collector - Total Current Assets $ 3,913,033.57 Total Assets $ 3,913,033.57 Liabilities and Fund Balance Current Liabilities Accounts/Trade Payable $ - Goods Received Inv. Received 10,545.75 Total Liabilities $ 10,545.75 Fund Balance Fund Balance-unreserved 5 2,579,963.60 Excess Revenues(Expenditures) 1,322,524.22 Total Fund Balance $ 3,902,487.82 Total Liabilities and Fund Balance $ 3,913,033.57 October 2,2013 Pelican Bay Services Division Board Regular Session • 5d. Administrator's Report-Monthly Financial Report Page 12 of 13 Pelican Bay Services Municipal Services Taxing Unit Income Statement w/Budget-September 30,2013 Capital Projects Fund 322-FY 2013 (Unaudited) Annual YTD YTD Amend Budget Budget Actual Variance Operating Revenues: Carry Forward $ 2,618,011.49 $ 2,618,011.49 $ 2,618,011.49 $ - Transfer from Fund 109 General 241,700.00 241,700.00 241,700.00 - Foundation Payment for Crosswalks - - - - Special Assessment 324,400.00 311,424.00 312,714.91 1,290.91 Revenue Reserve (17,500.00) - - - Transfer from Tax Collector - - - - Interest 25,700.00 25,700.00 11,457.96 (14,242.04) Total Operating Revenues $ 3,192,311.49 $ 3,196,835.49 $3,183,884.36 $ (12,951.13) Operating Expenditures: Irrigation&Landscaping Hardscape Project(50066) Engineering Fees $ 125,332.12 $ 41,777.37 $ 37,616.30 $ 4,161.07 Other Contractural Services(*Less Aeration) 2,619,433.64 185,979.79 149,328.87 36,650.92 Sprinkler System Repairs - - - - Permits - - - - Electrical - - 2,285.67 (2,285.67) Crosswalk Signal Posts - - 4,290.00 (4,290.00) Landscape Materials 64,550.01 49,703.51 45,537.25 4,166.26 Other Operating Supplies(Pavers) - - - - Other Road Materials - - - - Traffic Sign Restoration Project(50103) Traffic Signs 78,920.00 39,460.00 30,330.00 9,130.00 Lake Bank Project(51026) Swale &Slope Maintenance 170,000.00 119,000.00 104,122.79 14,877.21 Engineering Fees 500.00 - - - Other Contractural Services 22,275.72 - - - Total Irrigation&Landscaping Expenditures $ 3,081,011.49 $ 435,920.67 $ 373,510.88 $ 62,409.79 Capital Expenditures: General Improvements(*Lake Aeration) $ 38,900.00 $ 38,900.00 $ 38,900.00 $ - Total Capital Expenditures $ 38,900.00 $ 38,900.00 $ 38,900.00 $ - Non-Operating Expenditures: Tax Collector Fees $ 10,000.00 $ 7,500.00 $ 6,225.12 $ 1,274.88 Property Appraiser Fees 6,600.00 4,950.00 4,867.45 82.55 Page 1 of 2 October 2,2013 Pelican Bay Services Division Board Regular Session 5d. Administrator's Report-Monthly Financial Report Page 13 of 13 Reserve for Contingencies 55,800.00 - - Total Non-Operating Expenditures: $ 72,400.00 $ 12,450.00 $ 11,092.57 $ 1,357.43 Total Expenditures $ 3492,311.49 $ 448,370.67 $ 384,603.45 $ 63,767.22 Net Profit/(Loss) $ - $ 2,748,464.82 $2,799,280.91 $ 50,816.09 Page 2 of 2 October 2,2013 Pelican Bay Services Division Board Regular Session 6a. *Discussion and approval of recommendation that Pelican Bay Services Division participates in the October 30, 2013 Water Quality Workshop as a co-sponsor Water Quality Workshop Date: 10/30/2013 I Time: 3:00 PM to 5:00 PM Location: Community Center The growing problem of pollution in our waterways will be addressed at a Water-Quality Workshop on October 30, 3:00-5:00 p.m. at the Pelican Bay Community Center. The workshop is sponsored by the Collier Citizens Council, the Pelican Bay Foundation, and the Collier County Presidents Council. The pollution problem in our waterways is endemic and has been growing for many years. One aspect of the problem is particularly troublesome. Dissolved copper—highly toxic to fish and other marine organisms—is accumulating in our bays and estuaries. The copper comes from an algaecide, copper sulfate, used to eradicate algae bloom. The algae buildup, in turn, results from fertilizer runoff into our upland lakes. The copper algaecide has been applied to our lakes for many years, leading to high levels of the accumulated toxin, which seeps into our downstream bays. Clam Bay is one of them. Clam Bay has been declared"impaired for copper" by the Florida Department of Environmental Protection. Pelican Bay has been given five years to come up with a solution. The Clam Bay problem is being jointly addressed by the Pelican Bay Services Division and the Pelican Bay Foundation. But we are not alone. Communities throughout Collier County and the state are facing similar problems. To draw on the experience of others,the Foundation and several county-wide civic groups have put together a workshop featuring local experts in the field. Speakers will include ... Jennifer Hecker, Conservancy of Southwest Florida Dr. Serge Thomas, Florida Gulf Coast University Herb Schuchman, Island Walk Dr. Mike Bauer, City of Naples Robert Wright, City of Sarasota Jeff Lytle of the Naples Daily News will moderate the workshop. Proper use of fertilizer will be discussed, as will methods to reduce algae buildup in the lakes. Successful case histories will be presented, many showing how copper usage can be minimized or completely eliminated. Mark the date on your calendar, and plan to come to this important workshop. Everyone can and must contribute to dealing with pollution in our waterways. It's a front-and-center issue in Pelican Bay. Retrieved from http://www.pelicanbay.org/WaterQualityWorkshop.aspx?year=2013&month=10&day=30 October 2, 2013 Pelican Bay Services Division Board Regular Session 6d. * Discussion and approval to modify the Board's"Audience comments" policy Pelican Bay Services Division Board's "Audience Comments" policy ANY PERSON WISHING TO SPEAK ON AN AGENDA ITEM WILL RECEIVE UP TO. THREE (3) MINUTES PER ITEM TO ADDRESS THE BOARD. THE BOARD WILL SOLICIT PUBLIC COMMENTS ON SUBJECTS NOT ON THIS AGENDA AND ANY PERSON WISHING TO SPEAK WILL RECEIVE UP TO THREE (3) MINUTES. THE BOARD ENCOURAGES YOU TO SUBMIT YOUR COMMENTS IN WRITING IN ADVANCE OF THE MEETING. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDING PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD IS MADE, WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS AN ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS MEETING YOU ARE ENTITLED TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE PELICAN BAY SERVICES DIVISION AT (239) 597-1749 OR VISIT PELICANBAYSERVICESDIVISION.NET. VS. Pelican Bay Foundation Board of Director's Members Speaker Policy* For Members Wishing to Speak to the Board Member input is welcomed at Foundation Board meetings. A limited time of three minutes is provided at the beginning of the meeting for member comments and an additional one minute before any Board vote which may be taken on any issue throughout the agenda. When you wish to speak and are acknowledged by the Chairman,please come to the podium, give your name and address and the organization or group you represent, if any. Please try not to be repetitive. If you agree with someone who has already spoken,please indicate your agreement and allow the next person to speak. Thank you for your cooperation. * Retrieved from http://www.pelicanbay.ory/uploads/docs/CommitteeMinutes/BoardOfDirectors/Pa ckets120l 319-27-13%20Board%20Packet.pdf October 2, 2013 Pelican Bay Services Division Board Regular Session 7bi. * Landscape &Water Management Committee Report—Discussion and approval of Committee's recommendation to select CH2M Hill to carry out water quality services, analysis, and reporting Presentation to Pelican Bay Services Division, , w! Landscape and Water Management ' Y. ;. Committee '_ Stormwater Lakes Water Quality < s: Monitoring Services 1 ` \ Steve Gong �'f� b ' ' CHI HILL ' 12+' ems. I//'p�Q if ` September 26,2013 t.};{.R.',. I.; `°t`,-„- ro I[ _ The Pelican Bay BAs,-N. d ., ' xr.,7 Stormwater Lake System Ti- 1�� a��l�ed1Il[ r ?r �c Y •UPPER I- 3-, 7-t 1- LL4Id � 2�1�A;-,!".5:�'}`�' �i BAY��I , BASIN4 =} '1: ■ 6 Management Basins �L�� e. ��� 1. L -'1v . -� • 63 Stormwater lakes , GUIF OF 'i �"�y Al NNER • .+�'-`•�I4]li'!' bJ•�t r Approximately 30 to 40 i •fir'Ni—ktfl' a 4 •••• Pelican Bay inflow `kb f'� points to Clam Bay E h. �,: F � ; ri Key Clam Bay WQ•'— RA IN 2 --7-1.--:E.,,-.--,4r'1 . CLAM • ri 13'c g Issues: rASS. 1.0V-g!, - s t � _� °g1`; ■ Copper ' _ _ a • Nutrients (N and P) ,, , i • Others? ==-4 CLMBAYYUTRI37i6iktIACEYENf z - 3tir TEST POINTLOCATIONSI (Modified from Turrell,Hall and Associates Exhibit) 1 Proactive Monitoring of Lake WQ la Relevant WQ studies initiated by PBF ,..; in November 2011 to be continued ,d :,�_.x under PBSD direction Objectives presumed to include: — Continue characterization of WQ in 45 � <-_ representative lakes — Identify Cu, N, P, other parameter"hot spots"; ;' , prioritize management areas I ti iIIIII . - Support assessments and planning regarding I ks�` alternative nutrient management strategies \\ and potential copper corrective actions I//, �I/' Scope of Services for Pelican Bay Water Quality Monitoring iis4/f.,/../.... /p/../i. Total of 45 stations to be :1 ', ,'::=. I I monitored once Q er quarter p x`'. BASIN 1 • October 2013 • January 2014 BASIN 2 • April 2014 ;r '?' , , , 1 • July 2014 • In situ meter readings BASIN 3 • Surface grab samples e • Analytical lab work r a k 1: :1:::"7" • Spectrum Labs,Tampa ? gI,: BASIN 4 • NELAC Cert#E84207 sic, r �; ! BASIN 5 • Quarterly report and briefings \'', �,� ; I;I;I; to the Pelican Bay Advisory °`:`^"' Board f BASIN 6 4 _`r , !:4 •...rn+In tm Isn to tie Im tw Ira Iw I.a IM I� 2 • Project Team • Bill Beddow,VP and Naples Office Manager to provide oversight and conduct briefings ' ,_$;.. • Rick Gorsira, Senior Ecologist to serve as project manager and field team leader — Ave Maria Utilities Wetland Monitoring Program — Bonita Springs Utilities Wellfield Monitoring — Gasparilla Island Water Association—Salt Creek Discharge • Local staff to support field activities '" '-r=7 ~- — Kevin Heldorfer,Nick Easter,&others available .. • Walt Ogburn, PhD, Environmental chemist to serve as project { t QA/QC officer y • On Call: Nation-wide resource pool of water resources ; ';"° .:•.` management Subject Matter Experts(SMEs)--Florida � ,_. Examples: %` °" — Steve Gong,MS—Water Quality Regulations/NPDES Permitting ��(,:. 1 — Jim Bays,MS,PWS—Treatment Wetlands Design/WQ Improvements ./ - Rafael Vazquez-Burney,MCE,PE Treatment Wetland Engineering ` ' — Mitch Griffin,PhD,PE—Low Intensity Development/Stormwater Utilities — David Green,MS—Stormwater Utilities/Rate Studies/Funding Models it.�- J,4 t — Chris Niforatos,MCE,PE—Flood Risk Assessments/Modeling Administrative Approach .. . , • Authorization under our existing Collier County '' -tea Contract 09-5262 F+ � - County Wide Engineering Services (CI-PU H2O) "=-'?- • Total estimate: $69,714. " ~ a`'i - Labor: $35,214. - Expenses(incl. Lab): $34,500. ` ' '� • Open to scope and budget refinement if desired by PBSD ' - Potential WQ parameter list refinement j rA.1,. - Coordination with historical database and visualization tools t�.; - Subject Matter Expert support services "'� i - Others PBSD might be interested in? J , /_,� � Nor. ' 6 i!i 3 Why Select CH2M HILL'. Ail Value Added Expertise: '�' Selected Project Examples ''t -',> '' Tampa Bay Water Reservoir Monitoring ' ® Ave Maria Site Wetland Monitoring ..`�" s Wakodahatchee Wetland Park is Pasco County Floating Islands Pilot Project 'f i13.' s Gordon River WQ Park (Freedom Park) ` ,p y'y1` ,F/ ,1; " l'il :' TECHNICAL MEMORANDUM r1;" for I Ecological and Hydrological Monitoring Report at the C.W. Bill Young �' L t 2 "'+icet'4&:.'- ,�. / Regional Reservoir , 5. :F k _ Spring 2009 ��}�' v P y,l 2 y _ 'w _ Preparctl(o r: TAMPA BAY l- WATE R { ?STI ' V .�, CH211/11-1ILL et''�'s' ��„�r"- September 2009 t,. �/ 8 4 elMik ,ral•M Monitoring of Reservoir Effects on Adjacent Streams and Wetlands, 20,01 - 2010 I .,. ..... . '-':'.,...0 Ven..I.sea e•aaea• 1 ... , - ,_ t vain .................-.... _ -•.-t ,;-•I „ , - _, .... ,. ._„, --........_-.... . .- ...........______.......,......,. __,..,...... ..,m, . ._.__. . . , .,. „ ,,,....,,...,-..,.,-..,....,,,...,..--........,......_...,....... - - - ' . , . .,. .,, „...., .. _ ,..; _ , 9 • Ave Maria Utilities: Wetland Environmental Monitoring . ,. . 11111111;,.. .. ...,,, . . ,. :: ,::- ''' RWS Wetlands Storage ' ' ' =--. . ' — . ., Pm-. .- } ' ' . ':.-. •--...: • 1‘*"sit. ,,J...-- .o. • L t 1 ,...„,......3,7,-..-,,1.t..:,,-. ....... . . ;,.•.-,..1.7,::::_Baucorn Cypress Strand ",-..,..- . . — • . : ; ;:: ..-:-..1._, •ef% . ' `''t'..7 'AL-4,1, - • . - .-:- , . D SaamairnaRt--....._.* :'"r y gs.„_. ''-"..,. ..' • eveloped l __.... ...„_:i.... . . , , tonift‘ / '''S. . .7 WEST CVA: -Ay°"!!1*9ft•r!!!Y lei., '•Zr::',.'''' VIllid':0:-,'•-.11 lat DRAINAgg- Vttl7 "d" L3 1 m , : V--7-'-'47':.4',.."'•1.-i'fr 2;.„;c,,,i..;1Y.;.7.-...,, .--= ,., .-:. k,:,.:: -.7...51L".s. ....-,,:..:0',....•,...„'-4.,., ---'-,. T".?mr!.:? ' ...',- . .. , . -.,,,.. •. . . , . . ,,s---:_,-, , ,=:;.,.'.1- CH2M HILL Constructors,Inc.,was the >4.„.,,,,..„._, 1 Design/Builder for the Water and -..f 7.3,1LL2 ,, !:--- ',.,.,"; '..--• Wastewater Plants ........+....,:,...'.. ..!;,,;;;:t7k. I , ..:. . • ...i„,... 7. .■,?7"i _,s...,5. 'Yell Camp Keels Strand.. c:7,,,,•„.i..,--",..-'.jr, .":„:7•-,:.=::,..,,,,1: i ' '':'' LEGEND .,• e. . ' "- 4.,,_?,..-ft., krigeben Lake ;' ' s'i ••••••••••Appmenree Developei Boundary ."' G*"g°,`,7*1-".*'4---r-...1"';.:-.. V.Vg..;ta.r..rst"-f--!".,: - '" ' -• ' end Rana Swett Area :.-t '''''. V... '5:-''-k<' )xsr_ 2,--:-.•=,-•7I 1 '•,0.>::-.;.- •', I‘',?•••••'"7-,t • , • \\., =,.....74!,,R..:i Lai`.:".Z.,.. ' ___-- .......1::A(Thh, ...... ••..-2 tb,,,. s:-.•::::--,:...., -•,-i„. .„ ,. , , t- - 5 3 i _ Perimeter Berm 4....Flow : •Isolates wetland from direct runo � BCS Berm and Ditch 1 '. — Isolates wetland from , historic connection ° •Only one entry point for 1 ,r i '-— surface water to BCS 1 f N ,a-s.';:+I', v 146-ac Cypress Marsh Wetland 7 E • Unmanaged f, ii3 • Ditched and drained �` "( • Exotic Vegetation infested I m 1 Monthly Water Quality, Hydrologic, and Biological Monitoring for 1 Year li ;T � A `_i 1 4 war .- ; eGWJ a�dd I TJ01 --=''''...`. .r<z.. :o'W_s. +usqf.r`,''II r-ra I F14 y t Taos T7FT2 T-3 . �' �.•'°� � � t TaFTt 4 al"i T sz l.` 1 I00,Temp Wt.) ' pal^G.g Drtch 'LI GW -'—\ " "' mi.) - Existing W n d B rm� X T-2 I T2rr5 1201 TT2"4 LEGEND - 11--c ' •vege I,ion Quadrats T203 I T2G2 T J •Fish loss l losqui.o Coast 12F12 1-. , T-1 �r . (TINA) T2FT1 ,T204 Tt02 T1FTa ;'O--0 Elevation Transects - in Sal Gauge T (WL{::'.Cr" Es Groundaoter { _TIO4 I � I.Ioniteeeg Wel 1 1lFT7 T704 i 0 Surface Water - I - I,tonttomg Salton •Rain Gauge Data Loggers w r. DO Dcsolved Oxygen ... . .- —_._.--- � r . - WL Water Level .. ,. A .. Temp Temperature 6 Emergency S S Overflow Structure ''''.ui s " '�` " 0 - Block Ditch ,?i ...}�-; ; Ave Maria Wetland €•'� � I St : K xe ' = � ` orageey 4 a ,g ,..r u Project Features `x. Backflow Preventer `a , � F +' a I _ . . _ Valves for BCS f , a .-x "+ I ' + ,, Connection ., ' n -_ I. ,, —"" �,.;;° Raise and Widen Berm M Baucom Cypress } s� > rt'{ ' Strad r r11° d fable+° t ,, ,,�' , 1 /,---.„, Distribution Ris - — Emergency ,. Overflow Structure + Distribution #: Wetlands Can Be Engineered to Treat Pollutants I - ; t om_ Natural Wetlands ', Distribution ". y ".4 .\ Outflow !Distribution Outlet { ,. +' Surface Flow(SF) Epp. �t ( il / ( II I! Weir ? � .:e I;A. I,);1 I;,1 la 1 Constructed Wetland NA* Atill'A if 4 '' Low Permeability Soil ._.J ; ia, t � Distribution Il ti Adjustable f, ;/ Subsurface Flow(SSF) Pipe 1 i.�^, �.i.\ Stand Pips �, , Constructed Wetland �` /,.. f Low P ermeability SOil 14 7 Surface Flow Constructed Wetlands Distribution '' - I Pipe Outlet V I ' II I; i) Weir l�tli�.t�i 'll�i�,�t titi�,t�l 1M Low Permeability Soil Wakodahatchee • Versatile WQ improvement Wetland Park -- — Mass removal 1996 ,3,: ~� - Concentration reduction ' I•« . ' • Processes:passive, low energy, s L v,. low O&M '''-''''S..-,- • Well-understood,demonstrated ` successful designs for specific v. 1" functions f • Create or enhance wildlife habitat \\.,- ;J,s • Support environmental education fi:u ° Wakodahatchee Wetlands ,Water Utilities I I I RA,,,„ I , ,, p11y I ° Removed pn 1non-netin + + $`r. ,..i.,. i c„e"m mmm •i Y }"\ ,` T P t� II,:', 10 Months Alter Completion 1p, / /e1 ' / , 1 1%l \i r'i .7 CH2MHILL 8 Innovative Treatment Approaches: Metals Treatment Using Integrated Wetlands Cell 1 Downflow Cell 2 Upflow r fr pt.- e p 'i`Y «S a { ry {'t + it Nik hell A A v R,fe..( C 4 - fix1r• � { h4 'A Cell 4 Surface flow 7;,?:,, ';'''''''', ' ' / r ' gh r. ,', ',. c...-?.,„,,4,--,,,,,-..!,,4, . ,'.. -,,, 4 1, , , , 1- ,,ki .., , _, , , .. f;.1.1i• =r 1 �r %5 a hs s. .1 I''ic . t Innovative Treatment Approaches: Pasco County Pilot Project -- Floating Wetland Islands k .. .• a - �..ti ,p M figsek 2'- �i + C fr. f- 'i 1 1 9 CH2M HILL's Vegetative Community Design (- - 10.0 feet— I Plant Species Common Name Planting Zone — Scirpusvalidus Softstem bulrush A • 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Scirpus californicus Giant bulrush A 0 0 0 0 0 0 0 0 0 0 Schoenoplectus americanus Chairmaker's bulrush A 0000000 0000000 O ® Cladium jamaicense Sawgrass B 0,:, 0 O 0 •'• • • ' • • • .• 0 0 0 m Spartina bakeri Cordgrass B 00 0 .,,ii r•= - '+0,0 ♦ iOO 0 " o Canna flacida Golden cana B Tripsacum dactyloides Fakahatchee grass B O O O • 0 • • '• • •,MO O O 'F Paspalum vaginatum Tussock paspalum B 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Panlcum hemitomon Maidencane B 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Hydrocotyleumbellata Marshpennywort C • 0 0 0 0 0 0' 0 0 0 0 0 0 0 Ludwigiagrandiflora Primrose Willow C -- Paspalidium geminatum Egyptian panicgrass C ■ 154 Plant Hales receuo (per a'x 10'eland) u,.en-ae cn-s ma 7-:'-""--"°- .r. , a Floating Wetland Islands for Nutrient Reduction in Ponds ` _ _ _. --� J^l r to - _ I$� li I,. r, @j .o ` '' .-'A,� ft to sQ i 4., A f 10 i Pasco County Pilot System: Floating Wetland Islands for ., ``" Nutrient Reduction in Ponds ', 4 ,, ,,.. :,, ... .... Ott V '} s '� ^" `t, ' ,:i 5`� � ..em u '-_ ,-- - t ro ' L l t, A 21 Treating Stormwater and Restoring Wetlands at Freedom Park, Naples FL - •.• r,Ma ,•' ' n Gordon River Extension ,' ` - , . Watershed i% - V j l N 50 acre parcel at south end 2 I i - abandoned citrus grove W" N ,,v. .1 ■ °f" +4r d ° - exotic plant infestation 1 '• , W` :m-0a.'n — 2002 GR Master Plan _o I 2'( recommended site be used to o., improve water quality of • a - stormwater discharged to the s+ ;� river Gordon'River WQPark -� r ■ County purchased in 2004 (Freedom Park a m`0.— j (Florida Communities Trust X L - ` I grant) , 5' Cattier County s • 1-g '' o .ti 4t°' To`Nap1esdBav 11 Freedom Park Watershed Land Uses West Sub-basin Land Use Acres Residential,Low Density 1373 14.4 Residential,Medium Density 488.4 50.8 • Key WQ Parameters 2 Residential,High Density 74.4 7.7 — Nitrogen Commercial and Services 144.6 15 '. Industrial 0 0 - Phosphorus Institutional(schools) 34.6 3.6 — Metals Recreation(golf courses) 16.6 1.7 Open Land and Upland 0 0 - Suspended Solids Ponds,Lakes and Waterways 19.5 2 Wetlands 12.2 1.3 Major Roads 33.6 3.5 Land Use Totals(Acreage and 961 100 %) Freedom Park Site Master Plan Objectives: � bU" * A t - W � J x nds~ sWetlands Stor er , E • ,2 :, Deter r 9 '. '' , enter = f e_ ,, ,,, _. .♦ Ci• , 1 � m r Th& paways, sj �f) .�„ ;7 Memorial li �j AMSTER PLAN lookout pavlck Planning, Design & Permitting: Gordon River Water Quality 1f:,Water fountain, Begin: Fall 2004 '-5"F4.4.1, Count. bike racy,:; ,w,,. End: Spring 2007 educational a tt ;. 41 CH2101-11Ll slgnage. 12 Freedom Park, as Built /1 ,[ f Wetlan'tis _._._ ,,.. „ Restored � • p Wetlands X7 1 gm*I , ,. Lakes. l Dirge t * ......� -- Goschardon River to Extension i r ate., ,4' 1 ( Photo:April 2010 i y. ii t '`f'` ` Construction: 2007-2009 1.b._7,, ,,/' ``� Lakes Area: 4.69 ac x'�, y Treatment Wetlands : 6.73 ac Restored Wetlands: 14.35 ac Lakes Provide Stormwater Detention, Pretreatment, and Passive Recreation la mes .,1 F d 'i-y(a^; 1 ` '< 1 : Lake overlook and walkway 47 ?' §; f ` v tx,t,.+t y, t:' 13 Treatment Wetlands Provide WQ Improvement and Wildlife Habitat PSTA ,. .4 ♦ ! For optimized , phosphorus '-,,,;`I.:-.s • reduction s* II f 9 • 4 , ,t i lil' Deep zones Emergent marsh zones r Nymphaea, SAV Thalia, Pontederia, Eleocharis, 1_ . Sagittaria, Cladium 2008-2013 TP Monitoring (by County): 82% Reduction • pp 1, _..__ ............ 1.77 0.40 9/08 • 0.35 • 0.30 • ` '';i' 0.25 • • �'<: 7: .2.. 0.20 .4, • 4 - H�---♦". 4 0.179 0.15 • °♦ • mB ,1;, 0.10 ♦ • 0 0 0.05 • • • • f r , -F- • T• 0.033 mg/L ', A 0.00 ---.-,-:;, :.:I .1i.. . -{c D-07 J-08 N-08 M-09 N-09 M-10 N-10 M-11 N-11 M-12 N-12 M-13 .:i!'i t • Stormwater • Wetland'C'Outflow --Stormwater median f/ i. •; f ---Wetland'C'Out median 0 Gordon River . 7 t 14 2008-2013 TN Monitoring (by County): 39% Reduction 2.5 • • • p • iiiip 1.5 — — + .•s • {1.38 mg/L fir _ E • •• •• � • • • 1.0 • •• • o 00 1 ----f---u— ••• •x0.87 mg/L � ism 0.5 N-07 J-08 D-08 J-09 J-10 A-10 F-11 S-11 A-12 0-12 M-13 • Stormwater • Wetland'C'Outflow o Gordon River ——Stormwater median ---Wetland'C'Out median Metal Concentrations Reduced; Remain below Class 111 WQ Standards Flo1000 1 .. _ _ °ens 169.13_._ 100 iiii_ rn ;y. 879_. 3 11 7 �" 20 Arsenic Copper Iron Zinc ,' sin •Out ■WQS 15 • 4I Freedom Park: More Than_Just a Pretty Space! 4w Barna'tea dm Fa al OWN Ma nacnapenal oppeatmmn.M Wall fall ,A th„,,,•rvaam enn plIp =sr..'Prw'd.ny Mod rata(b aanounfrp nalphaerM1wda - (4 A w!a'.a leprann9 w got quaky in Maqu Boy. The Pan's Sp acre nat./AIMaa qi day na,vara la ea ly parun a a:onn watt, ` ■ nclLbq area a a wail as a raWnl lent,sm.. mil', N to Herglaaax By Postal tu.apn NO PaKa panda•wudera,vE narana;oral M1C cnomanp ready J r� � a,,wvyyx mamatx-pa l<ctansaa Darore npM•ap nn nayrY w,mm.;a " / �.a! ra, A Plan a la OP BOyle:m IWildlife 'e6N' r aa.,,a a.. an.pu.n a� , "'�'"+ Yiiim lb:v:„Thin,„Arlt ■ I S KaWaTatql Treating Stormwater and Restoring Wetlands at Freedom Park, Naples FL -- - --F - - ❑ Operational in 2009 4,Y ❑ Treated 200 Million Gallons of t_, 4,4- - ' Flow into Naples Bay per Year 4.,„*"' �' ❑ Phosphorus Reduced By 82% '-' ❑ Nitrogen Reduced By 39% `> ❑ Metals Reduced to Near /`_ '. .� a ,' Background Levels , ❑ Project Awards •r.. -, ) • 2009 Best Engineering ✓ Award of Excellence: ` ti Southeast Construction • 2011 Project Showcase: i h. Florida Recreation and Park Association ' • 2011 Excellence Award: Florida Stormwater 4v. N= Association tip'' / ' • &9ty ■ 16 • CH2M HILL SMEs can help with the full range of stormwater management issues Runoff and Conveyance Additional Final Load and Treatment Treatment and and Generation Pretreatment Attenuation Attenuation /Public Education /Detention /Source Controls /Swales /Supplemental /Pollutant /Erosion Control /Catch Basins Storage retention /Roof Runoff /Filter Inlets /Sediment /Wetlands for ✓LEED Design /Oil/water Removal NNC /Florida Yards separators ✓Alum compliance t. /LID Designs --,4 *,J4 Permeable Pavement Bioswo� Stormwater Lakes Stormwatsr'Netlands ii1 Why Select CH2M HILL? a Quality services by local staff dedicated to illworking effectively with PBSD • A nationally-recognized firm with demonstrated capabilities in stormwater BMPs and treatment -----71:T.4 technologies for meeting water quality goals. a Team members experienced with long-term < ,`. I. monitoring programs and with technical skills ? ' , ' beyond commodity service level. '4,,,�, ty nu Access to Subject Matter Experts in translating 7;'r//, - technical data into implementable science- �.,. based engineering solutions. 34 17 I For Additional Information, Please Contact . Mr. Bill Beddow, PE Mr. Steve Gong err 5801 Pelican Bay Blvd. 550 West Cypress Creek Suite 505 Road, Suite 400 % Naples, FL 34108 Ft. Lauderdale, FL 33309 t;• 239-431-9227 954-513-1519 ' Dttbecoovv!zch2m cor sieve acnuccicr2 c. 1 ,FIs ri/ .1, e,..4/!f 35 `rl- Discussion Pelican Bay Services Division, Landscape and Water Management RVr- Committee Stormwater Lakes Water Quality Monitoring Services Steve Gong j; ;ft,‘, 4 CH2MHILL •�!'�t'Y September 26,2013 18 ?� T�� �i Supplemental Slides ,-t s Other Relevant CH2M HILL Stormwater Treatment r' , Wetlands for NNC Compliance, and Water Quality ' ' -. 't Improvements for Inflows to Urban Lakes r 'l � "k. IA. / ,, -i '/' i 37 CH2M HILL conducted D/B/O studies of Periphyton Based Stormwater Treatment Areas (PSTAs)for the SFWMD's Everglades Restoration Program ham" .,. c --i- . 8 ,.7 8y• T 19 w.. �M1 e. a . `�jw„�, � 4 \\ + 0.5-ac ENR Test Cells , Four 5-ac Field-Scale PSTAs 19 mr®rri April 200'` ',- `�' CH2M HILL's Wellington FL Aquatics Pilot Program D/B/O: ' a= -' : Emergent Marsh, SAV, and PSTAS • Everglades Protection Area:TP Y • discharge standard of 10 ppb —'"` • Sequential wetland cells in series achieved 10-12 ppb at 0.2 q/m2/yr. October 2002 February 2003 '2 Design and Construction of Lake Parker Wetland, Lakeland I • Design parameters: — Diversion structure to -' _, .11111111111.11111111111111 route low flows from the existing drainage �' network into wetlands, -- -�+ice:-_-. ,-�-'-r --.;is "�".- bypass higher flows :" — 2 constructed wetlands overflow into Lake Parker _ a — Estimated removal of _ - - 99,000 lbs TSS per year from the SW Basin watershed(625 acres) -r" — 6200 lbs TN;1500 lbs 4,, A uu _ v 4,. x + TP loadings ■ Key features: -_ — trash weir to intercept floatable material z - concrete weir to prevent .-t, t k. — berm erosion c B + 1 — deep and shallow zones , 40 20 Southern Landings Wetland in Lake Hollingsworth, Lakeland • Key features: '7 a. Y, - deep and shallow zones fir;: - aluminum diversion weirs in i{. rr. each structure to direct low flows into wetland while allowing J,--- t : - high flow bypass - trash weir to intercept floatable L, a -m. `' material ''"? - concrete overflow spillway - i 41101 , w/twin 12"relief pipes >"s ! - over 600 feet of boardwalks& ,0*.=� -` I outlooks i 4 I { 57! g� - ,�; ` rte . 11 , . .... 70%0B/2004 e, Anchor Park Stormwater Treatment Wetland Lakeland FL ." - •t= __-.>- t-" - ,g � - ". k y: . t r Ni ,..., . ..., „„,„ ,,,,,..,...„,............. :Ap,,, , . ,,,...:.,:.„. „,.. ,,, _......_ , _, ., _ ,.,,,,,_ _ „.., -4,-,;,-.4*1;.°- ' i Funded by stormwater utility fee ,,,, .l _ Designed for aesthetic and educational complement to FSC rt it,/i � %.Y t. 42 21 Clam Bay Water Quality Concerns and the Pelican Bay Stormwater Management System 6.N.mGnr fly w�ca r v0i.un6aaa W¢dv 6nsmn 9c nr,¢u neu-., ,=. . 1101?.n+, nfiy,em(Susan C6.ml Pap. >r e" ?dam' BASIN a�_ „ a y,,3 •L C r 'Ire ,• • tr iiN , 9T S( �' 1 r I. `, ',' ,yip'-:"...L.1,..,..:',.,.... ... +L f j.. ,l..• .j° r` — t L �L V g a 4- d 7J +rS17ft. r \ '! P 1'.en BoyL rLeWr Eabibif ��. - _ r ”— ' i (Modified from Agnoli,Barber,and Brundage Exhibit) Discussion Pelican Bay Services Division, ,tea _ Landscape and Water Management !Pt e Committee Stormwater Lakes Water Quality <a-~ Monitoring Services '., Steve Gong `6 ..,' 4 CH2IMMHILL lit `,,g.�,a//' u,. 41 ~ September 26, 2013 22 CH2M HILL 5801 Pelican Bay Boulevard Suite 505 Naples,FL 34108 CH2MHILL Tel 239.596.1715 H Fax 239.596.2579 October 1, 2013 Mr. Kyle Lukasz Collier County Pelican Bay Services Division 801 Laurel Oak Drive,Suite 605 Naples, Florida 34108 Subject: Clam Bay Stormwater Sampling Proposal—"Option 2" Dear Mr. Lukasz: Enclosed please find a revised version of our base proposal for the Stormwater Sampling of the Pelican Bay Services Division stormwater lakes. This "Option 2" is submitted per your telephone request made during a telephone conversation with Mr.Steve Gong last Friday,September 27, 2013. During that call, you requested that we submit a revised scope and budget estimate for performing the monitoring effort on a monthly rather than a quarterly basis. In the process of generating this version of the scope and budget,our team discussed the ramifications of the change in the program and concluded we needed to adjust all three of the proposed tasks. The major adjustments of course were made to Task 1 which addresses the field sampling program labor. In that there now will be 12 monthly data sets which will require summarization,data visualization, and reporting in the technical memoranda and also inclusion in the quarterly briefings,we had to also revise Task 2 (reporting) and Task 3 (briefings)to account for the larger information volume to be addressed. We also concluded that to accommodate the additional analytical chemistry involved in the monthly program,some team refinements that we will discuss at the Board meeting on October 2, 2013, and to cover anticipated field sampling related expenses,some modifications to the expense estimates were necessary. Thank you for this opportunity to work with PBSD on this challenging assignment. If you have any questions after you review the enclosures that are in need of discussion prior to the Board meeting, please feel free to call either Steve Gong at 954-415-0979 or me at 239-596-1715.We look forward to working with you and the county on this project. Sincerely, CH2M HILL Mit (5,04411/ William D. Beddow, PE Vice President and Area Manager enclosures CH2M HILL 5801 Pelican Bay Boulevard Suite 505 Naples,FL 34108 C H2 M H I LL Telephone: 239-596-1715 Fax 239-596-2579 ATTACHMENT A SCOPE OF SERVICES FOR CONSULTING ENGINEERING SERVICES AGREEMENT FOR CLAM BAY MONTHLY STORMWATER QUALITY MONITORING CONTRACT NO. 09-5262 (CI-PU H2O) SEPTEMBER 30, 2013 DESCRIPTION The general objective for this task is to contract outside Consultant Engineering Services (referred to hereafter as CONSULTANT) for the Collier County Pelican Bay Services Division (referred to as COUNTY), to conduct a surface water quality monitoring program consisting of the following: • Monthly collection and analysis of surface water samples at 45 locations; • Preparation of quarterly summary reports; • Presentation of quarterly results to the Pelican Bay Advisory Board PART 1.—SCOPE OF WORK TASK 1: Sampling and Analysis On a monthly basis for one year, CONSULTANT will collect surface water grab samples at 45 stations listed in Table 1, as well as up to 7 additional samples per sampling event for quality assurance/quality control. Consultant will analyze the samples for the nutrient and trace metal parameters listed in Table 2 using a laboratory appropriately certified in Florida through NELAP. The procedures for sample collection, handling, and analysis will follow applicable Standard Operating Procedures published by the Florida Department of Environmental Protection(FDEP). Field procedures will include documenting the date and time of sample collection and results of field measurements of water temperature, pH, specific conductance, and dissolved oxygen within 1.0 foot from the water surface. 1 TABLE 1 Sampling Locations Clam Bay Stormwater Water Quality Monitoring Program Sample Station Station Name Sample Station Station Name No. ID No. ID 1 1-1 Waterside S 24 4-3 Bay 3 2 1-2 Waterside N 25 4-4 Bay 4 3 1-3 MJD 26 4-5 Bay 6 4 1-4 Crayton 27 4-6 Crescent 5 1-5 Registry S 28 4-7 Pelican 6 6 1-6 Heron 29 4-8 Coco Bay 7 2-1 Ridgewood Pk 30 4-9 Pebble Creek 8 2-2 George N 31 4-10 Pelican 3 9 2-3 George W 32 4-11 Calais 10 2-4 Club 4 33 5-1 Hammock Oak 11 2-5 Club 7 34 5-2 L Ambience 12 2-6 Lugano 35 5-3 Avalon 13 3-1 Laurel Oaks 36 5-4 County Park 14 3-2 Las Brisas 37 5-5 Breakwater S 15 3-3 St Andrews 38 5-6 Bay Colony EM 16 3-4 Pelican 9 39 5-7 Bay Colony EN 17 3-5 Interlochen 40 5-8 Bay Colony WN 18 3-6 Valencia 41 5-9 Bay Colony WM 19 3-7 Crown Colony 42 5-10 Vizcaya 20 3-8 Pelican 1 43 6-1 Trieste 21 3-9 Club 9 44 6-2 Remington 22 4-1 Oakmont 45 RC Main. Site 23 4-2 Bay 2 2 1 TABLE 2 Laboratory Analyses and Methods Clam Bay Water Quality Monitoring Program Parameter Method MDL Ammonia Nitrogen EPA 350.1 Nitrate Nitrogen EPA 353.2 Nitrite Nitrogen EPA 353.2 Total Kjeldahl Nitrogen EPA 351.2 Ortho Phosphorus SM 4500-P E Total Phosphorus EPA 365.4 Cadmium EPA 200.8 0.05 pg/L Copper EPA 200.8 0.93 pg/L Lead EPA 200.8 0.05 pg/L Zinc EPA 200.8 2.5 pg/L Arsenic EPA 200.8 0.5 pg/L Assumptions: • The COUNTY will show CONSULTANT the sampling locations in advance of the first sampling event. • The monthly sampling events will be initiated in October 2013 with the final sampling effort authorized under this task order to be conducted in September 2014. • The quarterly data summaries will be prepared to compile data for the following periods: o Quarter 1 =October,November, and December 2013 o Quarter 2=January, February, and March 2014 o Quarter 3 =April, May, and June 2014 o Quarter 4 =July, August, and September 2014 TASK 2: Reports The CONSULTANT will prepare a brief technical memorandum (TM)to summarize the results for each sampling event and evaluate compliance with reference water quality criteria. The TMs will include the laboratory reports, field notes, and chain of custody forms in appendices. TASK 3: Presentations The CONSULTANT will present a description of the findings summarized in each quarterly report to the Pelican Bay Advisory Board. 3 PART 2.—PROJECT SCHEDULE: The schedule for sampling events and deliverables shall be as follows: TABLE 3 Project Schedule Clam Bay Stormwater Water Quality Monitoring Task Target Completion By Notes Month 1 Sampling End of October 2013 Assume NTP(task order execution) by 10/9/2013 Month 2 Sampling End of November 2013 Month 3 Sampling End of December 2013 Quarter 1 TM End of January 2014 Assume 3-week lab turn-around time(TAT)for analytical data delivery Quarter 1 Presentation February Board Meeting Month 4 Sampling End of January 2014 Month 5 Sampling End of February 2014 Month 6 Sampling End of March 2014 Quarter 2 TM End of April 2014 Assume 3-week lab TAT for analytical data delivery Quarter 2 Presentation May Board Meeting Month 7 Sampling End of April 2014 Month 8 Sampling End of May 2014 Month 9 Sampling End of June 2014 Quarter 3 TM End of July 2014 Assume 3-week lab TAT for analytical data delivery Quarter 3 Presentation August Board Meeting Month 10 Sampling End of July 2014 Month 11 Sampling End of August 2014 Month 12 Sampling End of September 2014 Quarter 4 TM End of October 2014 Assume 3-week lab TAT for analytical data delivery Quarter 4 Presentation November Board Meeting 4 PART 3.—EXCLUSIONS: The following tasks are not included in the Scope of Work for this Agreement: 1. Survey Services 2. Preparing permit applications or paying permit fees 3. Meetings with agencies or stakeholders other than the presentations in Task 3 Additional tasks, including but not limited to those listed above, may be added to this Work Order by Amendment if desired by the COUNTY. PART 4.—CONSULTANT COMPENSATION: The COUNTY will compensate the CONSULTANT for the above Tasks 1, 2, and 3 on a Time and Materials basis per the Fee Schedule agreed upon under Contract 09-5262—County Wide Engineering Services (CI-PU H2O)—Schedule B. An estimated budget to be utilized for the above tasks has been established and is shown as Attachment A—Manhour and Cost Summary. A man-hour estimate for the above Scope of Services has been prepared for the sole purpose of establishing the maximum upset limit for this Task Work Order not to exceed $210,128.00. 5 »! / )\ \ \ } \ \vl §2 , - ! 2 :\ ~ 5 .! 00 ; ) } - — ® \ 7 \ ) )\!/ ) EA, f E� . . ! )) , _ 0 a \ / a \ / } . } to, § , \ ; (10 ) , , , \ ) ! § ƒ / \ \ 2k) 2 0 § . /) F §` ) ) .a - to ) § ( } ) \ \ ) -- § _ 69 0 z ( § 7 2 , , ! ! / \ 0 ( ]\ ) j 69 \ • j \ (' . / (' ) ) 0 0 0 _ I / \ ( / ( ` ; ., ) ) ,„ ® ®: \ 2 § \. ( O - _ ) § 2 E d ( / E § { ) \ } ; / ) \ \ A. U z � _ § _ < ; , W « \ _ . t ) & c = ; ® _ ± 4 ] & 2 ( i } ) e 5 ( i ƒ ` ) ^ ) \ \ - \ 4.-; ) u u u J ) ) 3 CH2M HILL 5801 Pelican Bay Boulevard Suite 505 Naples,FL 34108 CH2MHILL Tel 239.596.1715 Fax 239.596.2579 October 1, 2013 Mr. Kyle Lukasz Collier County Pelican Bay Services Division 801 Laurel Oak Drive,Suite 605 Naples, Florida 34108 Subject: Clam Bay Monthly Stormwater Sampling Proposal—"Option 3: Historical Data Analysis" Dear Mr. Lukasz: Enclosed please find a proposed supplement to our base proposal for the Monthly Stormwater Sampling of the Pelican Bay Services Division (PBSD)stormwater lakes. This "Option 3" is submitted per your request made during a telephone conversation with Mr. Steve Gong last Friday,September 27, 2013. During that call,you requested that we submit a supplemental scope and budget estimate for performing an analysis of the 7 quarterly historical water quality data sets that PBSD can provide for the November 2011 through May 2013 period of record. As detailed in the description of the scope of work,we have partitioned this historical data analysis into three activities. The first task primarily will consist of acquisition and review of the Excel-based historical data files in spreadsheet format— to be provided by PBSD—and conversion of those spreadsheets into a Microsoft Access database which can support the statistical evaluations planned. This task will also include a modest amount of review of the physical conditions and operational records for water management by PBSD for the Pelican Bay stormwater lakes and conveyance system. Under the second task,our scientists and engineers will conduct statistical analyses to compare stations and the water management basins with particular focus on concentrations of nitrogen, phosphorus,and copper.The primary objective of these analyses will be to identify statistically meaningful temporal or spatial patterns in the data relevant to understanding the prevailing water quality conditions in the basins/lakes which should influence PBSD management decisions in the near future.The tabular and graphical data summaries produced by the statistical evaluations will be compiled into a concise technical report describing the analyses performed and the conclusions and recommendations supported by the analyses. Finally, under the third task, our team would compile the findings into an Executive Summary-level Power Point presentation to be delivered to the PBSD Board. Thank you for this opportunity to conduct this strategically important supplemental task associated with the Clam Bay Stormwater Water Quality monitoring task order. At the Board's discretion,this supplemental analysis can either be authorized as an independent task order as it is currently structured, or alternatively could be integrated into the base water quality monitoring task order.This alternative might simplify the administration and progress tracking of the overall work activities. Mr. Kyle Lukasz October 1,2013 Page 2 If any questions arise after you review the enclosures and clarifications are needed prior to the October 2, 2013, Board meeting, please feel free to call either Steve Gong at 954-415-0979 or me at 239-596- 1715.We look forward to working with PBSD in evaluating the stormwater lakes water quality data, and providing the Board with technical support relevant to management of Clam Bay water quality issues. Sincerely, CH2M HILL ./0/ (5044kif William D. Beddow, PE Vice President and Area Manager enclosures CH2M HILL 5801 Pelican Bay Boulevard Suite 505 hAik Naples,FL 34108 CN211AI-f ULL Telephone: 239-596-1715 Fax 239-596-2579 ATTACHMENT A SCOPE OF SERVICES FOR CONSULTING ENGINEERING SERVICES AGREEMENT FOR CLAM BAY STORMWATER MONTHLY WATER QUALITY MONITORING— SUPPLEMENTAL HISTORICAL DATA ANALYSIS CONTRACT NO. 09-5262 (CI-PU H2O) SEPTEMBER 30, 2013 DESCRIPTION The general objective for the Clam Bay Stormwater Water Quality Monitoring task order is to contract outside Consultant Engineering Services (referred to hereafter as CONSULTANT)for the Collier County Pelican Bay Services Division (referred to as COUNTY). The COUNTY has expressed interest in potentially authorizing the CONSULTANT to conduct a supplemental task consisting of a review and analysis of historical water quality data. That historical water quality data is available because of water quality monitoring efforts conducted under the direction of the Pelican Bay Foundation(PBF) from November 2011 through May 2013. The following scope of work describes the supplemental historical data analysis under consideration, and depending on the wishes of the COUNTY can be authorized either as a separate stand-alone task order under the referenced contract, or can be modified and merged with the Clam Bay Stormwater Water Quality Monitoring task order(pending final execution). PART 1.—SCOPE OF WORK TASK 1: Background Data Acquisition and Database Development Since November 2011, surface water samples have been collected from 45 of the Pelican Bay stormwater lakes on a quarterly basis and analyzed for a total of eleven water quality parameters (nitrogen and phosphorus species and selected trace metals). Meter readings for temperature, dissolved oxygen, pH, and conductivity have also been gathered from near surface locations. The COUNTY has indicated that these historical data are compiled in Microsoft Excel spreadsheets, and have primarily only been evaluated for temporal trends for each station. The • Pelican Bay Services Division (PBSD) Board wishes to have a more comprehensive and technically rigorous review of the historical data conducted by the CONSULTANT. To provide the review and historical data analysis described under Task 2,the spreadsheet-based information to be provided to the CONSULTANT by the COUNTY will need to be converted to a Microsoft Access database. The Access database to be developed by the CONSULTANT under this task will house the 7 quarters of historical data and also will be designed to accept and store new data as water quality monitoring continues in the future. (Note: Data management for the new data to be generated under the Clam Bay Stormwater Water Quality Monitoring task order is to be covered under the other task order.) In preparation for the historical data sets conversion and review,the CONSULTANT will meet with COUNTY staff to obtain the historical water quality data spreadsheet files, and existing information/reports relevant to understanding the stormwater lakes system operations during the historical monitoring period of record(2011 —2013). The CONSULTANT will obtain existing GIS layers readily available from the COUNTY which are pertinent to understanding how stormwater moves through the Pelican Bay stormwater lakes and associated conveyances. Development of the GIS and Microsoft Access databases is considered critically important in that it will support the CONSULTANT's ability to: • Review and interpret the historical water quality data, • Generate easily understood data visualizations/exhibits, and • Provide planning-level recommendations to the Board relevant to the prioritized water quality issues raised to date (focused on copper, nitrogen, and phosphorus concentrations in Pelican Bay stormwater discharges to Clam Bay). TASK 2: Data Analysis and Report The historical records for the 45 stations distributed among the 6 water management basins to date have been reviewed through bar charts comparing stations across the 7 quarter period of record. The CONSULTANT will review the bar charts (produced by others) and the data converted into the Access database, and then identify an appropriate more user-friendly format for summarizing the historical results. For planning purposes, it is anticipated that the historical data will be reviewed to clarify the variability of the overall data with respect to temporal as well as spatial relationships. Temporal relationships to be addressed are expected to include whether there are increasing or decreasing trends in the data sets for the parameters analyzed. Spatial relationships to be addressed are expected to include whether for the prioritized parameters there are statistically significant differences between stations within each basin, and/or between the basins themselves based on pooled data sets for all lakes within a given basin. In addition to preparation of basic descriptive statistical summaries, it is anticipated that these temporal and spatial evaluations will likely generate ANOVA outputs, box and whisker plots, and potentially will produce statistical assessments of seasonality or inter-annual patterns. Prioritization will be placed on interpreting the data with respect to compliance with reference surface water quality criteria, as applicable. If rainfall records for the period of record relevant to the historical water quality data sets can be retrieved from gaging sites proximal to the Pelican Bay Service Area, they will be reviewed with respect to the water quality data to 2 attempt to qualitatively assess water quality data with respect to "antecedent weather conditions". If operations information can be provided by PBSD staff relevant to the following types of potential influences on surface water quality,the information will be reviewed in relation to the historical water quality data: • Stormwater lakes and associated conveyance system operations, • Known applications of copper sulfate or other aquatic plant control measures (for specific lakes or for lake groupings within specific basins) • Known applications of fertilizers or herbicides/pesticides on the golf course or other large and highly managed land areas adjacent to the stormwater lakes • Known inflows into Pelican Bay's managed areas from watersheds east of U.S. Route 41 The GIS database assembled under Task 1 will be used to establish appropriate base maps/figures for display of spatial relationships that may be identified through the data review and evaluation process. A key emphasis of the report to be generated to summarize the findings of the data analysis will be on the use of clear and effective graphics to depict data trends and findings. Statistical analysis will be conducted using Microsoft Excel, Statistical Analysis System (SAS), or other commonly accepted statistical packages. The report will be a concise document emphasizing data visualization rather than intensive statistical analyses,with appendices provided to support the conclusions and recommendations generated by the historical data evaluations. Those conclusions and recommendations will address identified"hot spots" for water quality parameters of prioritized concern, and will include preliminary suggestions of management strategies for addressing those parameters and concerns in future discussions with the Florida Department of Environmental Protection (FDEP) and/or other state or regional resource management agencies involved in Clam Bay water quality issues. TASK 3: Presentation of Findings to the Pelican Bay Services Division Board This task will consist of compilation of the key findings of the historical database review and evaluation into a Power Point-based presentation to be given to the Pelican Bay Services Division Board. The CONSULTANT's presentation will be an executive summary-level synthesis of: • The information obtained and reviewed • The descriptive statistics generated • Any meaningful temporal or spatial relationships identified by the historical data analyses The presentation will address the conclusions presented in the report prepared under Task 2, and will summarize the recommendations supported by the historical data analysis. KEY SCOPE OF WORK ASSUMPTIONS: • This work scope only addresses analysis of the 7 quarters of historical water quality 3 monitoring data for the Pelican Bay stormwater lakes. • The COUNTY will provide existing water quality data to the CONSULTANT in electronic format. • The COUNTY will respond to questions on specific water quality data spreadsheet files for verification, if required. • The COUNTY will meet with the CONSULTANT to provide reports/information and/or review available electronic (or hard copies of) data on key hydrologic features and GIS layers of the Pelican Bay service area. • The work described in this task order will be conducted during the fall of 2013 and the report will be provided to the COUNTY by the end of December 2013. PART 2.—PROJECT SCHEDULE: The schedule for the historical water quality database review shall be as follows: TABLE 3 Project Schedule Clam Bay Stormwater Water Quality Data Analysis Task Target Completion By Notes Task 1.Water Quality and GIS End of November 2013 Assume NTP(task order execution) Database Development by 10/9/2013 Task 2. Data Analyses and Report End of December 2013 Task 3. Presentation to the Pelican January Board Meeting Bay Services Division Board PART 3.—EXCLUSIONS: The following activities are not included in the Scope of Work for this Agreement: 1. Acquisition of electronic files from anyone other than the COUNTY. 2. Acquisition of GIS files other than those readily available from the COUNTY (PBSD or the Stormwater Management Department). 3. Meetings/communications with regulatory or resource management agencies, non-governmental organizations, or other external stakeholders, who may be involved in management of Clam Bay water quality issues. 4. Data management and analysis of new water quality monitoring records generated for the October 2013-September 2014 period of record. 5. Supplemental technical support services by Subject Matter Experts (SMEs); strategic planning workshops or similar technology-based discussions with the 4 Pelican Bay Services Division Board and staff beyond that described under Task 3. Additional activities, including but not limited to those listed above, may be added to this Work Order by Amendment if desired by the COUNTY. PART 4.—CONSULTANT COMPENSATION: The COUNTY will compensate the CONSULTANT for the above Tasks 1, 2, and 3 on a Time and Materials basis per the Fee Schedule agreed upon under Contract 09-5262—County Wide Engineering Services (CI-PU H2O)—Schedule B. An estimated budget to be utilized for the above tasks has been established and is shown as Attachment A—Manhour and Cost Summary. 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AA U U U F F F W October 2,2013 Pelican Bay Services Division Board Regular Session 8a.Old Business-County's truck haul beach renourishment of Pelican Bay beaches: project update and approval of recommended actions(Susan O'Brien) From:Susan O'Brien(mailto:naolessusan @ comcast.net1 Sent:Wednesday,September 25,2013 7:35 AM To: ResnickUsa Subject:Re:October 2 Regular Session Agenda Requests? Hi Lisa, Three suggested agenda topics: • Timeline for RFP for management services Update on County funds available for Clam Bay-related work,including new funds and sorting out the$28,000 that PBSD thought it received from the County in Jan.and apparently did not receive. If Neil could give us an update on this as part of his Administrator's report,that would be great. Beach Renourishment. Board members need an update in writing prior to the meeting on how much sand has been requested from the County,who requested the sand and whom the County has been told will pay for the sand;and on the behind the scenes efforts,such as having an attorney for the PBF contact Neil. Hopefully board members will receive from Tom and/or Neil with Friday's Board materials a list of possible actions by the PBSD Board on this issue.Among the possible actions might be the following: 1. Endorse the County's truck haul program to renourish hot zones. The only hot zone on PB/Bay Colony/County beaches in PB is in front of the Sandpiper which the PBF is scheduled to pay for so PBSD would not be funding any beach renourishment in 2013;and rescind the motion from the May 8 joint meeting because it is no longer applicable. That motion was made when hydraulic equipment was scheduled to be used. 2. Recommend to the BCC an ordinance amendment to include among PBSD areas of responsibility"beach renourishment of the public section of the beach from 500 ft south(or whatever the end of public access is considered)of Vanderbilt Beach Dr.to marker R 35;and rescind the motion from the May 8th Joint meeting. 3. Recommend to the BCC an ordinance amendment to include among PBSD areas of responsibility"beach renourishment of the beach from 500 ft south(or whatever the end of public access is considered)of Vanderbilt • Beach Dr.to maker R 35;and rescind the motion from the May 8th joint meeting because at the time of the motion,PBSD's ordinance did not include beach renourishment. Neil and Tom may have better options than the above to suggest to the Board. The above are just examples. • Susan O'Brien • • Page 1 of 5 October 2,2013 Pelican Bay Services Division Board Regular Session 8a.Old Business-County's truck haul beach renourishment of Pelican Bay beaches: project update and approval of recommended actions(Susan O'Brien) From:OchsLeo[mailto:LeoOchs @colliergov.net] Sent Friday,September 20, 2013 2:29 PM To:djtrecker@yahoo.com Cc: Neil Dorrill;jimh@pelicanbay.org;CasalanguidaNick;HillerGeorgia Subject: FW: Pelican Bay Beath Dr.Trecker, Please find below our response to your inquiry. Best regards, Leo (1)Did the coastal engineering firm hired by the county find that the Pelican Bay beach had eroded beyond the 2006 baseline? The Pelican Bay Foundation hired its own engineering contractor(Coastal Planning and Engineering)to perform the analysis directly for them. Coastal Planning and Engineering took all direction for this design directly from the Foundation since this area does not meet the criteria for public access or critically eroded beaches. CP&E generated the attached Design Report. The baseline method listed in Table one(1)is the method that the county uses to design beaches. It indicates that to meet a six(6) year design life,sand was only needed at R-35(11,707 CY's);R-36(7,698 CY's);and R-37(4,887 CY's). This amounts to 24,292 CY's. This was the same method that the county was using to design the beaches in past renourishment projects. In fact,the design criteria for the PB beach will place more sand on the beach than the county is doing with its project. The County is not using the 6 year design life method for this renourishment but rather just enough sand to bring the beaches back to the 100 foot standard without any advanced renourishment for 6 years. The Foundation also directed that additional sand should be placed between R31 to R34 and the quantity was rounded up to 35,000 CY's. If the County was to design the beaches to the 100 foot standard only as we are now doing for this truck haul renourishment,we would place no sand on the beach between R-31 to R-34 and strip out the advanced renourishment volume for 1135,R-36 and R37. • (2)If so,in what areas? See table one(1)in the attached report (3)If so,how much sand would be needed to restore the beach to the 2006 baseline? 24,292 CY. (4)What is the estimated cost of that sand based on the current contract? For 35,000 CY's$1,385,000 with Route price increases. For 24,292 CY's the cost would be approximately$966,857. Leo E.Ochs,Jr. Collier County Manager leoochs(g7colliergov.net, 239.252.8383 Page 2 of 5 October 2,2013 Pelican Bay Services Division Board Regular Session 8a.Old Business-County's truck haul beach renourishment of Pelican Bay beaches: project update and approval of recommended actions(Susan O'Brien) From:James Hoppensteadt Sent:Monday,September 16, 2013 12:08 PM To:McAlpinGary Cc:OchsLeo; Nell Dorrill;Jim Powers(jlm @dmgfl.com);Jeffrey A.Kaltzkow (jeffreykiatzkow@coliiergov.net); Rich Yovanovich; David Cook; 'Jerry Moffatt;John Chandler; 'Mary Johnson';Noreen Murray; robpender @gmail.com; Ronnie Beilone(vbeilnpls @yahoo.com);Suzanne Minadeo Subject:Beach Re-nourishment Importance: High Gary, With the County's approval at last Tuesday's BCC meeting for the truck haul beach renourishment,the Foundation wishes to confirm and memorialize its commitment to receive and pay for 12,477 CY of sand at markers R-35 and R-36. This fulfills the Foundation's part of an agreement with the Pelican Bay Services Division (please see attached) reached in May and previously communicated. With the Joint approach agreed to by both Boards,the Pelican Bay community has signaled its desire to fund beach renourishment. However,the Pelican Bay Services Division,as the community's MSTBU, will have to confirm with you separately their funding of the 22,523 CY of sand north from where the Foundation has agreed to pay for sand to the point at which the TDC funding ends just south of the Ritz-Carlton property. By cc of this email,I will ask Rich Yovanovich to draw up the necessary legal document to support the Foundation's commitment. The Pelican Bay Foundation recognizes the County's efforts over the past several years to develop and execute a plan that protects one of our most valuable assets,and greatly appreciates the opportunity to work with both Coastal Zone Management and the Pelican Bay Services Division to create a public/private solution to this issue. Specifically,the Foundation wishes to thank you for your consideration and assistance in working through this process...you have truly epitomized being a public servant and a tremendous resource. Sincerely, Jim Hoppensteadt President Chief Operating Officer =? N1 Pelican Bay Foundation,Inc. 6251 Pelican Bay Blvd. Naples,Florida 34108 Tel: 239.260.8460 Cell: 239.398.7074 Fax: 239.597.6927 ,pelicanbay.org ****The information transmitted is intended only for person or entity to which it Is addressed and may contain confidential and/or privileged material.If the reader of this message is not the intended recipient,you are hereby notified that you have received this message in error and that any review,dissemination,distribution or copying of this message including any attachments is strictly prohibited.If you received this In error,please contact the sender and delete the material from any computer. Page 3 of 5 October 2,2013 Pelican Bay Services Division Board Regular Session 8a.Old Business-County's truck haul beach renourishment of Pelican Bay beaches: project update and approval of recommended actions(Susan O'Brien) A Pelican Bay Services Division and Pelican Bay Foundation Boards Joint Session Wednesday,May 8,2013 options: 1) baseline design standard that identified"hot spots" located at R-35 and R-36. However,there were reports of erosion along Bay Colony and Clam Pass Park beaches as well; and 2) 2006 permitted template volume that would use a recent survey to rebuild the 2006 design. PELICAN BAY FOUNDATION BOARD MOTION#1 Mr.Chandler made a motion,second by Mr.Moffatt,that the Pelican Bay Foundation believes that the beaches south of the Ritz and north of Clam Pass should be renourished as needed at this time In conjunction with the County's beach renourishment effort The Board voted unanimously in favor and the motion passed. PELICAN BAY SERVICES DIVISION BOARD MOTION#1 Mr.Streckenbein made a motion, second by Chairman Cravens that the Pelican Bay Services Division Board believes that the beaches south of the Ritz and north of Clam Pass should be renourished as needed at this time In conjunction with the County's beach renourishment effort The Board voted unanimously In favor and the motion passed. The main topic of concern was who should pay for beach renourishment In 2006,TDC funds paid for beach renourishment from south of the Ritz to north of the Contessa,and Pelican Bay Services Division paid more than$1,000,000 for renourishment from the Contessa south to about 1,500 feet south of the Sandpiper facility. The Foundation Board supported the Services Division taking the lead and levy of an assessment to pay for beach renourishment within the Pelican Bay Unit Some argued if renourishment by the Services Division was acceptable within the conservation area,then responsibility for renourishment outside of the conservation area should be based on beach ownership. Mr.Dorrill estimated payment of 32,000 cubic yards at$30 per cubic yard would increase the annual assessment by$133 per unit PELICAN BAY SERVICES DIVISION BOARD MOTION#2 Dr.Chicurel made a motion,second by Chairman Cravens that the Services Division take responsibility for beach renourishment from the point in which TDC funding ends south of the Ritz to R-37,excluding the beach in front of the Foundation's property at R-35 andR-36.The Board voted 6-11n favor and the motion passed. Ms.O'Brien opposed PELICAN BAY FOUNDATION BOARD MOTION#2 Mr.Cook made a motion,second by Mr.Moffatt that the Pelican Bay Foundation should pay to renourish the beach in front of the Foundation's properties in front of R-35 and R-36. The Board voted unanimous in avor and the motion 'assed AUDIENCE COMMENTS Ms.Marcia Cravens,Dr.Ted Raia,Mr.lames Claypoole,Ms.Cathy Annacone,Mr.Bob Naegele,and Mr. Kim Rosenberg supported Pelican Bay as a Unit being included in the County's beach renourishment project and general cost-sharing plans discussed. 8612 Page 4 of 5 2 O W y O } N N B C=Q' + g a ITi VANDERBILT DR ■ v ' r --1 - A _ TA MIAMI TRL N„{, � `— - = ,ems s 8 H t5 -_� W I 1.%•4,.",v,< 4 C7+£ -5,- I.. . i n° __ ( v_ g FRANK RD N II n r ,' - z �r -i m AIRPORT _ �i �� w� -".°-�.�-ice ""`�.--_= o PULLING RD N ° 'i G w.., .....1 , j "; u".» g s °n i m=. m = E gf, n ,r A N• `t, x - ` LIVINGSTON RD 0 1.o T. 1 cl Y BARN RD = I r,i+ 1 I SANTA BARBARA BLVD 1 m . Ss Gm _.. 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O) C71 A W N Q) CJ7 A W N O O CO OD J W U1 A W N O 0 _ 0 zo — ocnm 0 zo - 0cnm 0 < c� Ocnmzzcncnm '� Z cc < - r0mo rh a QcJnOw � ° cJnO � °C rF > O , r :U immztztCo -O 07 < ri• °- _,J < Z r N j < G N W (p Z �7 ` �` (�/i j T� N D �\ N T� N D �� u r_ O * CO — CO N D CD `. rncn aX7 O 0 � n o � A (D zmJmrm- z z] C A ---I n o Ov 7 Cn z O Ov �,1 Z Co Or- r HXX O O °—° Om 7: cnz n 7_:,) 56- m 'a -o FI m D n � mm � X � 3 Q -o � zm rn G7 p � �F o' er 3 ' -I � m ° rnm o• ° CO X X 0 er NB o om 0 - v om 0 o° oo � � om CD y � p0 o O< D * m > ° m u rG a, 0 ° DZ yZ > Z ° E r Co cn W _, _, A _ 3 caa -, warm m �_ 3 CO N /11 W ca w m m N ' O A • -, -, Cl) J -, W A -, -, CD W — (/1 CD W N UI CO o --� o W -, m J J A N J Q1 CO Cl) co W -, -, 0 CT7 CD CD Co N A A J CD CD 7' N Cl)V� V' N N J -, A A 00 N A A -- October 2,2013 Pelican Bay Services Division Board Regular Session 8a. Old Business-*Update on renourishment of Pelican Bay beach submitted by Dave Trecker Page 1 of 1 UPDATE ON RENOURISHMENT OF PELICAN BAY BEACH* • County funding Nv i 1 I apply only to restore eroded areas to the 100-foot width standard. No beach that has not lost sand past the 100-foot mark will be treated. Likewise, no sand for six-year "forward renourishment" will be provided. • For Pelican Bay — based on the Coastal Planning & Engineering report -- that means only R-35, R-36 and R-37 (the area south of The Strand extending to south of the Sandpiper). This area is a combination of county and Foundation beach.** • The CPE report indicates the amount of sand needed for this renourishment is about 13,000 cubic yards.** • Based on unverified extrapolation, the attendant cost would be about $500,000.** • TDC funds cannot he used here because the area does not meet the dual county requirements of public access and "critical erosion." • The PBSD does not have funds budgeted for beach renourishment. Such funding would have to come from MSTBU reserves. That would mean some projects might have to deferred and/or reserves replenished by tax increase or special assessment. • Such PBSD funding of beach renourishment would be contingent on BCC revision of the ordinance defining PBSD duties to include "beach maintenance." Dave Trecker (9/30/13) *Based on discussions with our commissioner, county manager, PBSD administrator and a Foundation director. **To be verified by Brett Moore of Humiston & Moore. 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J�',.>Cj * f�`�F 1a 1 ;it` , " f� :Zf .�- fir �D: ,; f ai+ I.I MI '�e s +�y I. -r Y= ., x ey'"G? ..?- '^ Si.4. lea ?: , p 4.,$ O j ` ', s s n v ,, Q o + ee .. f om, t e y ar „ n O r m , p - 1 p) m Y •11 t 1,2 .... 4t ; iv t µ s< . `¶ �\ r i a `4ii cu CD. OD la, .m ro II cli 0. n co to i t1[ k' a 3 ��BXe' 3 ! • D Zm Sa.. < .4 ( fs44„,:, cr) iii .-.< c); n v m f . �F m:1 I .4.1/ +.'v ; ' CD N N ...,.._. O co cn W N 1 N CD O. 7 Background This summary report provides the 3- months post dredging monitoring update for Clam Pass. Clam Pass is a small wave dominated inlet on the southwest coast of Florida that provides a tidal connection to 500 acres of wetland preserve. The relatively small tidal prism for Clam Bay provides a critical balance between tidal flow in and out of the inlet channel and littoral processes moving to the inlet. This affects the inlet hydraulic efficiency over time, especially when littoral transport rates are high due to periods of high wave energy. During the 1990's, Clam Pass was subject to channel migration as well as closure, and frequent dredging was necessary to keep the inlet open. In 1999 Collier County, in cooperation with the community of Pelican Bay which borders Clam Bay, implemented The Clam Bay Restoration and Management Plan. The purpose of the plan was to provide more sustainable tidal flushing of the wetland preserve by keeping Clam Pass open longer. The plan included dredging the inlet channel and parts of the extensive flood shoals which had accumulated sand over many years. Those interior shoals when present, reduce the tidal prism by obstructing tidal flow to bay areas beyond the immediate vicinity of the inlet. The combined effect of The Clam Bay Restoration and Management Plan resulted in significant increase of the tidal prism relative to conditions prior to the 1999 dredging. The plan also included monitoring and maintenance dredging which occurred at approximately 4 year intervals. As a result, the inlet remained open for 12 years, and the areas of stressed or dying mangroves have recovered. Clam Pass requires maintenance dredging. With the previous maintenance dredging having been completed in 2007, and due to high energy wind and wave conditions during 2012, the inlet shoaling progressed rapidly resulting in inlet closure in September of 2012. At the same time, the permits included in the original Clam Bay Restoration and Management Plan needed to be renewed. The County obtained a state permit for the continued maintenance dredging of the inlet. Subsequently, the County, through the Pelican Bay Services Division (PBSD), therefore obtained a federal permit to reopen the inlet, following the same channel template that had been dredged since 1999. This allowed obtaining needed dredging permits to reopen in a relatively short time with limited conditions requiring all dredged sand to be placed upland of Mean High Water. The inlet reopening was completed in April 2013 and tidal exchange between the bay and the Gulf of Mexico was restored to near design levels. The complete closure of the inlet in late 2012 resulted in the collapse of its ebb shoal onto the beach with a relatively large large volume of sand being pushed by waves onshore. The collapse of the ebb shoal and presence of large volumes of sand at the adjacent shoreline provided additional challenges for Clam Pass hydraulic stability. A stable inlet system requires the ebb shoal features which supports the inlet channel from rapid shoaling at the inlet mouth. The Clam Pass reopening design was limited by the Nationwide permit from the Corps of Engineers. The design still was based on minimal dredging to connect the Gulf waters with bay system to protect the valuable environmental resources by restoring flushing and to allow natural evolution of the inlet morphological features. Given the critical nature of Clam Pass as a small tidal inlet and its vulnerability to rapid shoaling during storms, an interim monitoring plan was prepared. The plan proposed monthly aerial photography, 3- month, 6 month, and 12 months hydrographic survey of inlet bathymetry to observe the natural evolution of the inlet features and be prepared for any necessary maintenance to avoid detrimental shoaling of the inlet. Current measurements at the pass are also collected to document the flow rates in the pass. Monitoring Data This report documents the physical conditions of the inlet based on the monitoring data collected for the 3 -month post dredging. Aerial Photos: Perspective aerials views are taken on monthly basis are provided to document the channel alignment and the overall condition of the inlet. The aerial photos are included in Appendix A. Hydrographic and Beach Survey: A hydrographic and beach survey following the proposed monitoring scope was completed on August 4, 2013. The scope of the survey and comparative profile plots with previous survey data are included in Appendix B. Contour maps of Clam Pass and adjacent beach areas where prepared based on the collected data and compared to previous data sets. Figure 1 shows the inlet morphology for pre dredging conditions of January 2013 and post dredging conditions of April 2013. The figure also shows the evaluation change due to the dredging and initial adjustments immediately post construction. Figure 2 shows the inlet morphology for post dredging conditions of April 2013 and monitoring data of Aug 2013. The Figure also shows the evolution change due to the natural adjustments and response to tidal flow and wave events over the 4 months period post construction. The data shows the inlet and beach response to the inlet morphology adjustment to interaction between tidal flow and prevailing wave conditions over the 4 months period post dredging. During this period of time the prevailing wind and wave conditions were primarily from SW and WSW direction. This resulted in sand moving toward the inlet from the south creating beach build up on the south side while the north beach shoreline retreated landward. The monitoring data also indicate the formation of the nearshore features for the inlet ebb shoal and some shoaling within the flood shoal area. However, the shoaling rates inside the pass represent natural adjustment post dredging as the cross section areas of the flow remained within the design range. Flow measurements: The monitoring data were used to update the Clam Pass model to evaluate the hydraulic efficiency of the inlet. Field current measurements were collected on July 23, 2013 at maximum flood and ebb tide conditions and compared to model simulations. The field current measurement for peak flow at flood and ebb tide are included in Appendix C. Figure 3 shows the model results for maximum flood and ebb tide conditions for July 23, 2013. The Figure also shows the approximate location where current velocities were measured. The magnitude of the measured velocities corresponded with the model simulation results which provides validation to the numerical model capability to simulate the existing conditions of Clam Pass. The measured and calculated velocities were within the design velocity range needed to sustain the inlet flow under peak tide conditions. It is important to note that the measurement and model simulations were done for a period of time of peak tide with no significant wind or wave conditions. Summary and Recommendations: The monitoring data collected following the 90 -day post dredging monitoring indicate that the Clam Pass system seem relatively stable after the initial post construction adjustments. The bathymetric survey, current measurements, and aerial photos taken 4 months post construction indicate adequate tidal flow that maintains the inlet open under prevailing weather conditions over that time period. The channel entrance is dynamic in nature and seem to shift within the ebb shoal delta in response to seasonal wave climate and tidal conditions. Clam Pass remains a wave dominant small tidal inlet which can be subjected to rapid shoaling following sustained wind and wave events or sequence of events. The inlet becomes more vulnerable when the sustained winds and waves move higher levels of sand toward the inlet entrance during neap tide conditions where tidal flow is at a minimum. The large volume of sand that has accumulated in the nearshore when the inlet closed last year continues to complicate the level of vulnerability for shoaling following sustained storms. It is recommend to continue the interim monitoring program as proposed and develop dredging contingencies in order to be able to respond to any future large shoaling events that may be detrimental to inlet stability. Clam Pass morphology Pre dredging Conditions (January 2013) _z ie 12 6n as a a . a.z = .o g a o i.X T s.a � a.c A a6 .v.z Jb A Clam Pass morphology Post dredging Conditions (April 2013) Clam Pass morphology change (January -April 2013) Figure 1. Clam Pass morphology for pre dredging and post dredging conditions (January 2013 -April 2013). Clam Pass morphology Post dredging Conditions (April 2013) Clam Pass morphology Post dredging Conditions (Aug 2013) Clam Pass morphology change (April 2013 - August 2013) Figure2. Clam Pass morphology for post dredging conditions and 4 -month change (April 2013 - August 2013). Figure 3 Clam Pass model results for maximum flood and ebb tide conditions for July 23, 2013 APPENDIX A. AERIAL PHOTOS rA �.... 4 r,y 4 r,y 4 s gg y wi, ILL CD y� 11 P 1 Mn- } rp a 9 -- yx -fr t CLAM PASS MAY 22, 2013 DSC0536.NEF _DSC0537.NEF DSC0538.NEF _DSC0539.NEF _DSC0540.NEF _DSC0541.NEF CLAM PASS JUNE 21, 2013 DSC2035.NEF _DSC2037.NEF _DSC2038.NEF _DSC2038.NEF _DSC2039.NEF _DSC2040.NEF �; ww -rte l ' z.4 i +yam ;• yY - PROF �; ww l ' z.4 i +yam �; ww _DSC2047.NEF CLAM PASS JUNE 21, 2013 _DSC2048.NEF _DSC2049.NEF _DSC2050.NEF DSC2051.NEF DSC2052.NEF -c µ �4 I Y yr. -c µ �4 I �E�h :_. �N ✓` _� ?�°�'i?"Y ;`E��4 ems. �v �E�h CLAM PASS JUNE 21, 2013 OSC2062.NEF _DSC2064.NEF _DSC2063.NEF �� : _ — 'ti � - t _ �� ��" _ -- � Z 4a. zr �� ttt �iJ k e� .' � ` s ^v. _....f ,�� � yam"'`^,- �•�-;� ��. � � s�} .. �3 �� + .. '.E �' �. `. � _ �?S a.,,� 1 ;1. ra,! ,,. >. 3 4` ��� -. ��' � �� �. tE+, ': rJ� _. .._._ _ Al.• ,.: �,. � �� day, _ �,—: - ..�`..m- � mss., .. .- ..--� .ESw+- '�' _ a._c -. � _ `�.. 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Of N °J' Z U- Z I I O° ° > F- Q UJ O W d- I I QU '> N V) I I �m J Q � I Q }moo J Q W I W I NZ M Z r Z I C) 't r" I Z L I � W 00 CL O I` in Of W a- I a I a O <O = I W I a C4 w�i W I C l U I Z C, E-1x m I LA I o Q� 10 9 r —r-- — ° z <0n I I I J I I h- a w I Im Q J I o I (n w Z I I S I o ° O h O N O N N N I o N O N O N N N I 1 1 I 1 1 1 1 QAVN '13 "A313 OAVN '13 "A313 APPENDIX C. CURRENT MEASUREMENTS July 23, 2013 � y ' • e C_ y - C- 1 f! 7 i ! ;s kv i� +•rs - j j 7 nR, - j j Y r4 o �f o io -V }Vf� !2S W c? U rc+owo ?r .T �y .r t�'�y'k� 3., t: {� vr+ rig _ .Y, •r; -J �# VA w t 4 a r r' i co n M allO