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Agenda 02/26/2002 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA February 26, 2002 9:00 a.m. NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. COLLIER COUNTY ORDINANCE NO. 99-22 REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMI'I-FED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS". ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (5) MINUTES UNLESS PERMISSION FOR ADDITIONAL TIME IS GRANTED BY THE CHAIRMAN. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (941) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1 February 26, 2002 1. INVOCATION AND PLEDGE OF ALLEGIANCE A. Reverend Susan Diamond, First Christian Church 2. AGENDA AND MINUTES A. Approval of today's regular, consent and summary agenda as amended. (Ex Parte Disclosure provided by Commission members for summary agenda.) B. January 29, 2002 - Workshop C. January 29, 2002 - Arnold and Blair Contract Approval D. February 5, 2002- Sheriff Workshop E. February 5, 2002 - District I Town Hall Meeting F. February 6, 2002 - Special LDC Meeting J PROCLAMATIONS A. Proclamation to recognize the Friends of the Library. To be accepted by Mr. Jay Wolff, President, Friends of the Library. B. Proclamation to acknowledge the work of the National Multiple Sclerosis Society. To be accepted by Dr. Lunney, Karen Dresbach and Krista Fitzsimmons. C. Proclamation to recognize Peter Bolton for his Outstanding Safety Record. To be accepted by Peter Bolton, Helicopter Operations. D. Proclamation to recognize Dale Huguley for Volunteer of the Year for Collier County Emergency Management. To be accepted by Dale Huguley. E. Proclamation for Aviation Day. To be accepted by Peter Manion and Ted Soliday. 2 February 26, 2002 SERVICE AWARDS Five-Year Attendees: 1) Jason Toreky, Code Enforcement 2) Joseph Thomas, Water Treatment 3) Maria Ramsey, Parks and Recreation Ten-Year Attendees: 4) Steven Preston, Stormwater Management Twenty-Year Attendees: 5) Ephrim McMullen, Ochopee Fire Department 5. PRESENTATIONS o PUBLIC PETITIONS AND COMMENTS ON GENERAL TOPICS A. Public Comments on General Topics BOARD OF ZONING APPEALS ADVERTISED PUBLIC HEARINGS A. This item was continued from the February 12~ 2002 BCC Meeting. This item requires that all participants be sworn in and ex parte disclosure be provide~. by Commission members. PUD-2000-22, William L. Hoover, AICP, of Hoove,' Planning and Wayne Arnold of Q. Grady Minor and Associates, P.A., representing Pine Ridge Redevelopment Group, requesting a rezone from "RSF-4" Residential Single Family and "C-1" Professional Commercial District to "PUD" Planned Unit Development to be known as Goodlette Corners PUD for the purpose of permitting commercial, office and service land uses for property located on the southwest corner of Pine Ridge Road, (CR 896) and Goodlette-Frank Road (CR 851) in Section 15, Township 49 South, Range 25 East, Collier County, Florida. 3 February 26, 2002 This item was continued from the February 12~ 2002 BCC Meeting. This item requires that all participants be sworn in and ex parte disclosure be provide~. by Commission members. Public Hearing to consider adoption of a~ Ordinance establishing the Flow Way Community Development District (CDD) pursuant to Section 190.005, Florida Statutes. BOARD OF COUNTY COMMISSIONERS A. Discussion regarding increasing fines for red-light running. (Commissioner Carter) B. Report to Board of County Commissioners regarding Florida Association of Counties Legislative Day Activities. (Commissioner Carter) 10. COUNTY MANAGER'S REPORT A. Reconsideration of 2002 Tourism Agreement between Collier County and Prutos Public Relations, Inc. (Joseph K. Schmitt, Administrator, Community Development) B. Request by Adrienne Cozette, representing Friends of Art at the Naples Museum of Art and Galleries, for a Waiver of Right-of-Way permit fees for temporary parking in the Right-of-Way. (Joseph K. Schmitt, Administrator, Community Development) C. This item has been deleted. D. Authorize an agreement in the amount of $53,217 to fulfill a commitment of the Olde Cypress Planned Unit Development. (Joseph K. Schmitt, Administrator, Community Development) E. Adopt a Resolution authorizing condemnation of right-of-way and/or easements required for the construction of a four-lane section of Immokalee Road between Wilson Boulevard and 43rd Avenue N.E., Capital Improvement Element No. 71 (Project No. 60018). (Norman E. Feder, AICP, Administrator, Transportation Services) F. This item to be heard as last item to Board Meetin.q: Strategic Planning Follow Up. (Thomas W. Olliff, County Manager) 4 February 26, 2002 11. 12. AIRPORT AUTHORITY COUNTY ATTORNEY'S REPORT This item to be heard at 2:00 p.m. or at the conclusion of the reRular meetin~ a.qenda, whichever occurs first. Closed Attorney-Client Session requested by County Attorney at February 12, 2002 Board Meeting pursuant to Section 286.011 (8), Fla. Stat., to discuss settlement negotiations and/or strategy related to litigation expenditures in Thomas Wajerski, v. Collier County, Case Nos. 95-3067-CA-01 and 95-2955-CA in the Twentieth Judicial Circuit in and for Collier County, Florida and Case No. 99-303 in the United States District Court for the Middle District of Florida. This item to be heard immediately followin,cl Item 12 A. This item was continued from the February 12~ 2002 BCC Meetin_cl. Recommendation that the Board approve the settlement of all pending litigation and claims involving Thomas Wajerski, including, without limitation, Case Nos. 95-3067-CA-01 and 95-2955-CA in the Twentieth Judicial Circuit in and for Collier County, Florida and Case no. 99-303 in the United States District Court for the Middle District of Florida, and authorize the Chairman to sign all necessary settlement documents. 13. OTHER CONSTITUTIONAL OFFICERS 14. FUTURE AGENDAS 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Request to approve for recording the final plat of "Island Walk Phase One- 5 February 26, 2002 2) Request to approve for recording the final plat of "Island Walk Phase Seven" and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the performance security. 3) Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of "Grey Oaks Unit Ten". 4) Request to grant final acceptance of the roadway, drainage, water and sewer, improvements for the final plat of "Grey Oaks Unit Twelve". 5) Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of "Grey Oaks Unit Thirteen". 6) Request to approve for recording the final plat of "Runaway Bay at Fiddler's Creek" and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the performance security. 7) Approve committee selection of Henderson, Young and Company for contract negotiations for RFP 02-3317 "Consultant Services for Impact Fee Update Studies-Educational Facilities". 8) Adopt Resolutions enforcing liens on properties for Code Violations. 9) Adoption of a Resolution approving two (2) applications for Impact Fee Waivers for eligible charitable organizations. 10) Approval of a lease between C.P.O.C. Realty and Collier County for office space to be utilized by the Natural Resources Department and a Budget Amendment to fund the relocation of the Natural Resources Department. B. TRANSPORTATION SERVICES 1) Adopt a Resolution authorizing the conveyance of Collier County owned real estate to the State of Florida Department of Transportation for the construction of roadway interchange improvements to State Road 93 (I- 75) at the overpass of County Road 886 (Golden Gate Parkway). 2) Approve a Donation Agreement and accept a drainage easement for the benefit of the Wiggins Pass Drainage Basin. 3) Approve an Easement Agreement and accept a drainage easement for the Lely Stormwater Improvement Project. 4) Approve Amendment No. I to the contract for professional engineering services by CH2M Hill for Immokalee Road (CR 951 to 43"~ Avenue NE) four-lane design, Project No. 60018 in the amount of $230,444.00. 6 February 26, 2002 5) Authorization for staff to amend the current agreement with McDonald Transit Associates Inc., to implement operational and management modifications to the Collier Area Transit (CAT) system in the amount of $234,307.00. 6) Approve award of a construction contract to the lowest bidder, APAC, Inc., for right turn lane from Immokalee Road to 47th Avenue NE in the amount of $53,613.90, Bid No. 02-3340. 7) Approve the piggybacking of a Village of Wellington (Palm Beach County) contract to purchase a front-end loader for the Road and Bridge section, approximate cost $70,000. 8) Approve an agreement for construction of access improvements for Pebblebrooke Plaza located at Immokalee Road and Collier Boulevard (CR 951). 9) Recommendation that the Board of County Commissioners extend the present Services Agreement for the Pelican Bay Services Division until December 31, 2002. Co PUBLIC UTILITIES 1) Adopt a Resolution approving the Satisfaction of Liens for Solid Waste Residential Accounts wherein the County has received payment and said liens are satisfied in full for the 1991 Solid Waste Collection and Disposal Services Special Assessments. Fiscal Impact is $34.50 to record the liens. 2) Adopt a Resolution approving the Satisfaction of Liens for Solid Waste Residential Accounts wherein the County has received payment and said liens are satisfied in full for the 1992 Solid Waste Collection and Disposal Services Special Assessments. Fiscal Impact is $70.50 to record the liens. 3) Adopt a Resolution approving the Satisfaction of Liens for Solid Waste Residential Accounts wherein the County has received payment and said liens are satisfied in full for the 1993 Solid Waste Collection and Disposal Services Special Assessments. Fiscal Impact is $58.50 to record the liens. 4) Adopt a Resolution approving the Satisfaction of Liens for Solid Waste Residential Accounts wherein the County has received payment and said liens are satisfied in full for the 1994 Solid Waste Collection and Disposal Services Special Assessments. Fiscal Impact is $82.50 to record the liens. 5) Adopt a Resolution approving the Satisfaction of Liens for Solid Waste Residential Accounts wherein the County has received payment and said liens are satisfied in full for the 1995 Solid Waste Collection and Disposal 7 February 26, 2002 Services Special Assessments. Fiscal Impact is $184.50 to record the liens. 6) Adopt a Resolution approving the Satisfaction of Liens for Solid Waste Residential Accounts wherein the County has received payment and said liens are satisfied in full for the 1996 Solid Waste Collection and Disposal Services Special Assessments. Fiscal Impact is $226.50 to record the liens. 7) Approve the Satisfaction of Lien documents filed against Real Property for abatement of nuisance and direct the Clerk of Courts to record same in the Public Records of Collier County, Florida. Fiscal Impact is $78.00 to record the liens. 8) Approval and Execution of Satisfactions of Notice of Promise to pay and agreement to extend payment of water and/or sewer system impact fees. Fiscal Impact is $91.50 to record the liens. 9) Approve a contract for engineering services to Agnoli, Barber and Brundage for the relocation of utilities in advance of widening US 41 from Old 41 to the County line. The project number is 70045 and the contract amount is $41,900. 10) Approve a design build contract with Metcalf and Eddy, Inc., for new reverse osmosis raw water supply wells for the North County Regional Water Treatment Plant, Project 70075, in the amount of $4,193.196. 11) Approve Work Order GH-FT-02-1 with Greeley and Hansen LLC, to perform field excavation and investigation on the existing 30-inch sewer force main, Project 73943 in the amount of $108,120. 12) Approve new escrow account for County utility relocations in conjunction with US 41 road widening from Myrtle Road to Old US 41, Projects 70047, 70048 and 73048. 13) Waive purchasing competitive bid policy and approve the use of the Parkson Corporation to assist with the rebuilding of the North County Water Reclamation Facility Mechanical Bar Screens for the amount of $58,052.00. 14) Approve Waiver of Single Job Cap of $200,000-Contract 99-2915 with Lightner Contracting, Inc. for up to $700,000. 15) Approve a Resolution authorizing declarations of official intent under U.S. Treasury Regulations with respect to reimbursements from note and bond proceeds of temporary advances made for payments prior to issuance, and other related matters, for the North County Water Reclamation Facility, Project 73077. 16) Approval to enter an agreement with the Florida Department of Community Affairs for the reimbursement of Emergency Protective Measure Expenditures. 8 February 26, 2002 PUBLIC SERVICES 1) Approve a Transportation Agreement with the Collier County School Board for camp participants in the amount of $47,000. 2) Approve a Budget Amendment to recognize revenue from insurance proceeds to replace two stolen mowers in the amount of $9,678. 3) Approve application from National Recreation and Parks Association for accreditation of Park and Recreation Agencies. 4) Approve the Older Americans Act Continuation Grant and authorize the Chairman to sign the contract between Collier County Board of County Commissioners and the Area Agency on Aging for Southwest Florida, Inc., DBA/Senior Solutions of Southwest Florida, and authorize increase of one permanent part time position to permanent full time status in the amount of $658,100. 5) Approve the Master Agreement relating to Services for Seniors' Grant Programs and authorize the Chairman to sign the Master Agreement between Collier County Board of County Commissioners and the Area Agency on Aging for Southwest Florida, Inc., DBA/Senior Solutions of Southwest Florida. 6) Award Bid #02-3323 boardwalk deck and handrail replacement at Barefoot Beach Access, Barefoot Beach Preserve park, and South Marco Beach Access in the amount of $194,427. ADMINISTRATIVE SERVICES 1) Approve Committee Selection of six firms for contract negotiations for RFP 02-3324 "Fixed Term Surveying and Photogrametric Services". 2) Approve staff's short list for architectural services for the design of the Grey Oaks Public Safety Facility, RFP #02-3326. 3) Approve the Budget Amendments to transfer reserves from Fund 517, Group Health and Life, to the new Fund 519, Short-Term and Long-Term Disability in the amount of $250,000. 4) Approval of a Resolution establishing an Employee Health and Wellness Prevention, Incentive and Reimbursement Program to reward employees who participate in County sponsored or endorsed health and wellness programs. Estimated annual cost $35,000. 9 February 26, 2002 5) Authorize the Chairman to sign five applications submitted by Collier County Government to the National Association of Counties (NACo) Awards Program. 6) Recommendation to declare certain county-owned property as surplus and authorize a sale of the surplus property on March 16, 2002. 7) Reject Bid received on Bid #02-3341 "Laboratory Chemicals and Supplies". 8) Approve and execute an agreement with the Big Corkscrew Island Fire Control and Rescue District providing for a maximum expenditure of $35,850.00 from the GAC Land Trust to purchase personal protective equipment. 9) Approve and execute an agreement with the Big Corkscrew Island Fire Control and Rescue District providing for the trade-in value of $40,500 for an older pumper truck to be applied towards the purchase of a new pumper truck. 10) Approve Master Purchase Agreement for RFP 01-3282 Wireless Application Systems. F. EMERGENCY SERVICES 1) Approval of a Disaster Relief Funding Agreement between the Florida Department of Community Affairs and the Ochopee Fire and Rescue Control District for the reimbursement of disaster related expenses in the amount of $36,280, approval of the associated resolution, and approval of the necessary budget amendment to recognize and appropriate additional revenue and appropriate funds from reserves. G. COUNTY MANAGER 1) Approval of Budget Amendment Report- Budget Amendment #02-189. H. AIRPORT AUTHORITY I. BOARD OF COUNTY COMMISSIONERS 1) Commissioner request for approval for payment to attend function serving a valid public purpose. (Commissioner Coletta) 2) Commissioner request for approval for payment to serving a valid public purpose. (Commissioner Fiala) 10 February 26, 2002 attend function 3) Commissioner request for approval for payment to attend serving a valid public purpose. (Commissioner Coletta) function J. MISCELLANEOUS CORRESPONDENCE 1) Satisfaction of Lien: NEED MOTION authorizing the Chairman to sign Satisfaction of Lien for Services for the Public Defender for Case No's: C1K020130-12. RECOMMENDED APPROVAL. 2) Miscellaneous items to file for record with action as directed. OTHER CONSTITUTIONAL OFFICERS 1) Approve agreement with The City of Naples for Election Services. L. COUNTY ATTORNEY 1) 2) 3) 4) Recommendation that the Board ratify and authorize the County Attorney's retention of expert witnesses/consultants/outside counsel for the County in Aquaport, LC v. Collier County, Case No. 2:01-CV-341-FTM- 29DNF in the United States District Court for the Middle District of Florida, exempt the County Attorney from the purchasing policy if and to the extent the purchasing policy is applicable and authorize the Chairman to sign any necessary retention documents. Recommendation that the Board of County Commissioners approve the Resolution of a potential lien by the Social Services Department of Collier County against Wanda Hensley by way of acceptance of the sum of fifteen hundred dollars ($1,500) from Wanda Hensley and in return Collier County would release all claims against Wanda Hensley for payment of medical services provided on behalf of Wanda Hensley up to and including July 1999 but not subsequent thereto. Recommendation that the Board approve Amendment Number 4 to the Legal Services Agreement with the Law Firm of Carlton, Fields, Ward Emmanuel, Smith and Cutler, P.A. Recommendation that the Board of County Commissioners approve the Supplemental and Amended Stipulated Final Judgment relative to the easement acquisition on Parcels 106A, 106B, 706 and 806 in the Lawsuit entitled Collier County v. Naples Italian American Club, Inc., et al, Case No. 98-1672-CA-01 (Airport Road Six-Laning Project from Pine Ridge Road to Vanderbilt Beach Road). 11 February 26, 2002 5) Approve the Agreed Order awarding expert fees relative to the fee simple and easement acquisition of Parcels 155 and 855 in the Lawsuit entitled Collier County v. Ronald G. Bender and Michele J. Bender, Trustees Under That Certain Declaration of Trust Dated the 17~h Day of May, 1991, et al, Case No. 99-1394-CA (Livingston Road, Project No. 60061). 6) Approve attorney's fees associated with the acquisition of Parcel 163 in the Lawsuit entitled Collier County v. Russell Baisley, et al, Case No. 01- 0758-CA (Livingston Road six-laning project from Golden Gate Parkway to Pine Ridge Road, Project No. 60071). 7) Approve two mediated settlement agreement and two stipulated final judgments incorporating the same terms and conditions as the mediated settlement agreements relative to the acquisition of Parcels 2.4T and 53T in the Lawsuit entitled Collier County v. John B. Fassett, Trustee of the Anne M. Fassett Trust Dated 6/5/86, et al, Case No. 99-3040-CA, Project No. 65041. 17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. SHOULD ANY OF THE FOLLOWING ITEMS BE MOVED TO THE REGULAR AGENDA ALL PARTICIPANTS MUST BE SWORN IN. A. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. VA-2001-AR-1442, Kirk Sanders, requesting a 2.3 foot after-the-fact variance from the required 10-foot rear yard setback establishing for accessory structures to 7.7 feet for property located at 1139 Sperling Avenue, further described as Lot 14, Block B, Sperlings Subdivision, in Section 22, Township 49 South, Range 25 East, Collier County, Florida. B. This item was continued from the January 22~ 2002 BCC Meeting. This item requires that all participants be sworn in and ex parte disclosure be provide~. by Commission members. CU-2001-AR-1420, William L. Hoover, AICP, Hoove, Planning and Development, Incorporated, representing Pastor Colin Rampton, of the Seventh Day Adventist Church, requesting conditional uses "7" and "11" of the "A-MHO" Rural Agricultural Zoning District/Mobile Home Zoning Overlay, for a church and child care on property located at the northwest corner of Lilac Lane and Immokalee Road in Section 23, Township 47 South, Range 27 East. 12 February 26, 2002 Co This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. VA-2001-AR-1526, Kraft Constructio,, Company, Inc., representing Diocese of Venice Catholic Church, requesting a 6.5 foot variance from the required 30-foot front yard setback to 23.5 feet for property located at 5225 Golden Gate Parkway, in Section 28, Township 49 South, Range 26 East, Collier County, Florida. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition AVPLAT-2001-AR1835 tu disclaim, renounce and vacate the County's and the public's interest in the 15' wide drainage easement located along the lot line common to Lots 7 and 8, according to the plat of "Mediterra Parcel 111" as recorded in Plat Book 37, Pages 8 through 9, Public Records of Collier County, Florida, located in Section 11, Township 48 South, Range 25 East. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. 13 February 26, 2002 AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING February 26, 2002 ADD ITEM 9C: Discussion by the Board to reconvene at 6:00 p.m., March 4, 2002, the Rural Fringe Final Hearing to allow attendance of the public that are not able to attend meeting during the day*. (Commissioner Henning.) ADD ITEM 10(G): A Resolution opposing legislation to rescind the eminent domain authority of Collier County or to otherwise restrict or limit Collier County jurisdiction over local water and wastewater utilities. (Staff request.) MOVE ITEM 16(B)5 TO 10(H): Authorization for staff to amend the current agreement with McDonald Transit Associates, Inc., to implement operational and management modifications to the Collier Area Transit (CAT) system in the amount of $234,307. (Commissioner Coyle request.) ADD ITEM 16(B)10: Approval to enter into an Agreement with the Florida Department of Community Affairs for the reimbursement of emergency protective measure expenditures. (Staff request.) CORRECTION TO ITEM 16(C)10: Correction to dollar amount in the title should have been "$3,973,196" (rather than $4,193,196.) Executive Summary information is correct. (Staff request.) CORRECTION TO ITEM 16(C)16: Correction to contract number in the Executive Summary, which should have been Contract # #02-RM-'2-09-21- 20-017 (rather than #02-RM-'2-09-21-20-016). (Staff request.) DELETE ITEM 16(I)2: Commissioner request for approval for payment to attend function service a valid public purpose. (Commissioner Fiala request.) CONTINUE ITEM 17(B) TO MARCH 26, 2002 BCC MEETING: CU-2001-AR-1420, William L. Hoover, AICP, Hoover Planning and Development, Incorporated, representing Pastor Colin Rampton, of the Seventh Day Adventist Church, requesting conditional uses "7" and "11" of the "A-MHO" Rural Agricultural Zoning District/Mobile Home Zoning Overlay, for a church and child care on property located at the northwest corner of Lilac Lane and Immokalee Road in Section 23, Township 47 South, Range 27 East. (Petitioner request.) WHL=R~4$, NOW pROCLAA~A 7'~ON Collitr Count~'~ firrt laMic libn~/ m= e~mblishcd ~y the Frftrnft af The Lib~ in 1g§2'; m~d. this group incoq~rated as a nan-prah'~ c~anizatt'an in 1961 a~ bilk o~ I~ ~ Cen~ ~ in d~n N~In, d~ded the s~~; and, in 1~66 the tS'r~t fr~e p~lJ¢ lib-ary Jn ~ Co~ oR~d dooes, cons~cted wi~ ~nds eaJsed e~n~¥ by the F~ends of the ~'bra~; and, ninth, the n~ ~'~ in North Naples, sche~led ~o the over for of : furni~,.~f~ f~ing,. ~d, Com~i~io~r~ of ~e Library ,~ L/bra~ system. DONE,AI~D ~D ~ ~ Da,/of F~br~y ~002. A TTE$ T; WHEREAS, WHEREAS. pROC~,A44A T'ZON central ne~ous system eff~c~j av~* 14,000 peapl~ im Flor/d=. 4000 peop/e in ~uth FlaMe, ~ ~ ~00 p~ in ~l/i~ County =lone; and, the 5out~ ~ioHda ~l~apter of tt~e NarY'anal Multiple 5dermis 5ociety p~ovia~ a wide variety of programs and services to people with 445 and their famJli~ in ;ail/er County; amd, these .free serv/c~.s include suppaet 9~ups, TaJ Ch/c/asses, women's retreat, jnfarmat/an and referral, advaca~, lend/ng' //brat'y, peer and, had ¢rn acffve chapter annual funds NOW /ts Afar County mu/t/pie County to take DONE AND ORD~Rb'D'~ 26tb Day me F~bnla~, POOP. PROCLAMATION WHEREAS, Peter G. Bolton has faithfillly executed his duties as a Med Flight Helicopter Pilot for Collier County since 1988; and Mr. Bolton, during this period, flew hundreds of missions during both daytime and nighttime and in all types of weather in support of Collier County Emergency Medical Services and other County Agencies; and WHEREAS, Mr. Bolton completed over 5,000 accident-free hours with no flight violations I years; and ~i , i ~ /~0ciatiofii~tt~(~ decreed that ne "~ t'the veu ~tdngehl~:SmC~;~t forth by the Ass~iation and ~e Fed~al Agtatl~ istration, and ~. Bolton.has been awarded th~ ~ilot ~}Award. NOW THEREFORE, BE, IT ,PROCLAIMED by Commission*ts of Collier County, F10Xida~ that Peter for his out~dtng safety record an~l:'Pilotlng receiving the'~ticopter AssoCiation Itatemational's , t DONE AND of County recognized dauded for Award. 2002. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA 'rEl~ FEB 2 6 2OO2. P9 PROCLAMATION Dale Huguley has been a valued member of the Emergency Management Team as a volunteer for many years; and WHEREAS, Mr. Huguley has developed several innovative software programs to benefit the national Amateur Radio community; and WHEREAS, Mr. Huguley has presented several seminars in amateur radio communications at the annual Governor's Hurricane Conference at his own expense; and WHEREAS, WHEREAS, Mr. Huguley has donated hundreds of hours over the past decade to ensure,,~at the amateur radio systems in Emergency ~e_m~nt .wer~ operating flawlessly; and ~om MaY 200i't~ S~e~er:~O~;'~e ~uguley p~vided o~ding comm~eafions ~'~4:~e~:-)Sne admini~ration for the Emergency ManagementD~em; ~d WHEREAS~ ';'.;' Mr. Huguley .was re.centty named_ ."the Year by the Florida EmergenCy' Preparedness for his ".?.i (':~!). outstanding- suppo~ to' ~h~ ? ~ency Preparedness c°mmu~tyl -:"~ '"" ::"? '~ ~'~' -- NOW THEREFORE, BE 1T PROCLAIMED by as Volunteer outstanding DONE AND ORDERED of County ' be recognized for his 2002. ATTEST: BOARD OF COUNTY COMMISSIONERS COLLIER COUNt3r, FLORIDA FEB 2 6 2002 DWIGHT E. BROCK, CLERK pg. PROCLA44A TION i~HEREA$, the Naples t~unidpal Aiq~o~ hR s~d the communify well since World War ZT and com~ m be ~n /nt~3r~l p~r~ o~ the community; and, WHEREAS, Adadan Dey mR st~ I~ ~ Civil Air P~I~"ot 1~ e~u~ the public R ~o ail a~pecl~'Of g~neea! aviadan; and, WHEREAS, the f~di#'on hR ¢o~t~'nue~ wil~ h~ ~ of t~ ~i~1 Air p~l, the ~m~N ai~ A~$~iotio~, the Napl~ Pilo~ Asxociat/on, the Naple$ Ai~ Autho~, ~d the ~rfend$ of the Naples ~unici~i Air~; ~ FVHEREA$, Ay/arian Day p~ovide$ a~'~r~ f~ ~ i~m~m ~out the f/e/d; and, ' ~-?'~'~'~ '~ ~' ' NOW THEREFOR~.'b~ ~'t p~ldm~d by th~ 8o~rd of C~.~omm/s~ianers of DONE AND [n ~olile~ ~ou~rty and u~je ~til ~itJz~n$ to Ai~?~n ~0;00 A:44. to 4:00 P. A4. ~unic/pal COA4tAX$$£ONER$ A T7'E$7': D VV-~M4T E. 8ROCK, CLERK FEB 2 6 200Z EXECUTIVE SUMMARY PETITION PUD-00-22, WILLIAM HOOVER OF HOOVER PLANNING AND WAYNE ARNOLD OF Q. GRADY MINOR & ASSOCIATES, P.A., REPRESENTING PINE RIDGE REDEVELOPMENT GROUP, REQUESTING A REZONE FROM "RSF4' RESIDENTIAL SINGLE FAMILY AND "C-I" PROFESSIONAL COMMERCIAL DISTRICT TO "PUD" PLANNED UNIT DEVELOPMENT TO BE KNOWN AS GOODLETTE CORNERS PUD FOR THE PURPOSE OF PERMITTING COMMERCIAL, OFFICE AND SERVICE LAND USES FOR PROPERTY LOCATED ON THE SOUTHWEST CORNER OF PINE RIDGE ROAD (C.R. 896) AND GOODLETTE-FRANK ROAD (C.R 85I), IN SECTION 15, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: To have the Board of County Commissioners consider an application to rezone the subject site from the RSF-4 and the C-1 Zoning Districts to PUD as noted above to allow for commercial, office, and service land uses consistent with the Office and In-fill Commercial Sub-district criteria and all the applicable codes and regulations in order to ensure that the community's interests are maintained in this mixed-use area. CONSIDERATIONS: This petition was first presented to the Board of County Commissioners during their February 12, 2002 meeting. During this meeting, the petitioner agreed to continue the petition in order to allow them time to amend the list of permitted uses by eliminating those uses deemed to be high traffic generator. The proposed 8.52-acre Planned Unit Development (PUD) provides a mix of office, service, and low to moderate intensity retail uses. The western 4.76-acre portion of this property is developed with 12 single-family residences. The eastern 3.76 acres of the property is developed with commercial strip center uses. Due to changing market conditions that make residential development impractical, the applicant is requesting to rezone the site to a unified commercial PUD. The proposed PUD will contain three (3) different tracts with a list of permitted uses allowing office and intermediate retail uses. Approximately 2.5 acres of the site is intended to be developed for an architecturally designed self- storage facility and the remaining 6 acres is intended for a mixed retail/office facility. In addition, the maximum building heights have been designed to be compatible with the existing development by limiting the commercial structures to a maximum height of three stories and not to exceed 50 feet in height in Area "A" as designated on the Master Plan. Areas "B" & "C" are limited to 45 feet and not to exceed three stories. Lastly, there is an existing borrow pit (lake) on the site, which may be partially filled or completely filled as part of the redevelopment of the site. The Traffic Impact Study (TIS) indicates that the proposed PUD at build-out will generate approximately 4,908 Weekday trips and 448 PM Peak Hour trip ends. The TIS indicates that the project trips will not have a significant and adverse impact on Pine Ridge Road (C.R. 896), Goodlette FEB 2 2502 Pg. [ Frank Road (C.R. 85 I) or any other County road within the project's radius of development influence. As a result, this petition is consistent with Policy 5.1 and 5.2 of the Transportation Element. In addition, C.R. 896 is currently a 6-1ane arterial road with a current traffic count of 36,306 AADT (LOS "D") for the segment fronting the project entrance. C.R. 851 is currently a 4-1ane arterial, mad with a. traffic count of 32,287 and is operating at LOS "D" with LOS "E' the adopted, standatxL The projected traffic volumes for this segment at the project build-out will still operate at an acceptable level of service. As a result, this petition is consistent with Policies 1.3 and 1.4, of the Transportation Element. Lastly, Policy 9.3 encourages the interconnection of local streets between developments when feasible. Since the project abuts an existing commercial project to the west, an existing single-family subdivision to the south and public roads to the north and east, an interconnection does not appear to be feasible within this PUD. FISCAL IMPACT: This PUD by and of itself will have no fiscal impact on the County. However, if this request meets its objective, a portion of the existing land will be further developed.. The mere fact that new development has been approved will result in future fiscal impact on County public facilities. The County collects impact fees prior to the issuance of building permits to help offset the impacts of each new development on public facilities. These impact fees are used to fund projects in the Capital Improvement Element needed to maintain adopted levels of service for public facilities. In the event that impact fee collections are inadequate to maintain adopted levels of service, the County must provide supplemental funds from other revenue sources in order to build needed facilities. The following impact fees will be applicable to this project: · Park Impact Fee: · Fire Impact Fee: · Road Impact Fee: · Correctional Facility: · Radon Impact Fee: · B.C.A.I. Impact Fee: · EMS Impact Fee: $719.84 $0.62 per square foot under roof $3,838.00 per 1,000 square feet $1.0920 per square foot $0.005 per square foot under roof $0.005 per square foot under roof $197.00 per 1,000 square feet The total amount of impact fees for the commercial area is $344,939.84. It should be noted that because impact fees vary by housing type and type of commercial development, and because this approval does not provide this level of specificity as to the actual size and type of use, the total impact fees quoted above is at best raw estimates. Additionally, there is no guarantee that the project at build- out will have maximized their authorized level of development. Other fees will include building permit review fees and utility fees associated with connecting to the County's sewer and water system when required. Building permit fees and utility fees have traditionally offset the cost of administering the community development review process, whereas utility fees are used on their proportionate share of impact to the County system. Finally additional revenue is generated by application of ad valorum tax rates. The revenue that will be generated depends on the value of the improvements. At this point in time staff has not developed a method to arrive at a reasonable estimate of tax ;vc,i,~,~X,~ ad valorum tax rates. FEB 2 6 2002 2 PS. Nevertheless, it should be apln'eciated that not withstanding the fiscal impact relationship, development takes place in an environment of concurrency management. When level of service requirements fall below adopted standards, a mechanism is in place to bring about a cessation of building activities. Certain LOS standards apply countywide and would therefore bring about a countywide concurrency determination versus roads that may ha.va local geographic concurrency implications. GROWTH MANAGEMENT IMPACT;, The Future Land Usc Element of the GrowXh Management Plan unde; "Off~ce and In-fill Commercial Subdistrict" allows low intensity office commercial or in-fill commercial development on small parcels (12 acres or less) within the Urban-Mixed Use District located along arterial and collector roadways where residential development, as allowed by the Density Rating System, may not be compatible or appropriate. On the north side the subject property is adjacent to a commercial PUD known as Pine Ridge Medical Center PUD, which is developed with a hotel and a restaurant. Furthermore, Policy 4.7 ot~ the Future Land Use Element of the Growth Management Plan encourages the redevelopment of the area in question. The O£ficc and In-fill Commercial criteria must be met for any project utilizing this sub-district. The proposed rezone petition complies with the following criteria. 1. The site abuts a collector or an arterial road. 2. The site is less than twelve acres in size. 3. The site abuts commercial zoning on 1 or 2 sides. Since a commercial PUD is to the west and the C-I properties to the east has been incorporated into the proposed PUD. Therefore, the site is eligible for commercial uses. The site currently contains commercial uses varying in degree of intensity from window tinting to auto-body shops, which are comparable to uses classified in the C- 3 through C-5 zoning districts. 4. The depth of the proposed site does not exceed the depth of the abutting commercial parcels. 5. The parcel was not created to take advantage of the Office and In-fill Commercial provisions. 6. City of Naples has potential hookup for central public water and sewer to serve the project. 7. The project is compatible with existing and permitted future land uses on surrounding properties. The proposed rezone petition complies with the all the Office and In-fill Commercial criteria if the Board of County Commissioners makes an interpretation of the following criteria: That the ~roposed uses (such as the mini warehousing) are consistent with the Office and In-fill Commercial provision that limits commercial development on the sub[eot site to office and low intensit3,, commercial. It should be noted that staff has consistently interpreted "office and low intensity commercial" to include those uses contained in the C-1 through C-3 zoning categories of the Collier County Land Development Code. Since the project abuts commercial on the west side and contains commercial on the east side of the site, the site is eligible to include those uses of the hi,est intensity abutting commercial zoning district. These uses include hotel/motel uses; uses permitted in the C-2 zoning district, except gasoline service stations. In addition, the site currently contains commercial uses that vary in degree of intensity and are comparable to uses classified in the C-3 through C-5 zoning districts. Based an st~A~'t~t the approved land uses on the adjacent and nearby properties, the proposed "PUI' ca~o,b~e deemed 3 FEB 2 6 £ 02 consistent with the Office and In-fill Commercial criteria contained in the FLUE of the Collier County GMP subject to the BCC making the above referenced finding. HISTORIC/ARCHAEOLOGICAL IMPACT:., Staff's analysis indicates that the petitioner's property is not located within an Area of Historical and Archaeological Probability as referenced on the official Collier County Probability Map. Therefore, no Historic and Archaeological Survey & Assessment or a waiver is req~fired. ENVIRONMENTAL ISSUES,; Since the currently developed site does not contain wetlands or other environmentally sensitive lands, no Environmental Impact Statement (ELS) is required. This petition was reviewed by Current Planning Environmental Review Staff and they recommended approval subject to the conditions contained in the PUD Document. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: Since the subject site is currently developed, no Environmental Impact Statement (EIS) is required. As a result, this petition was not required to go to the Environmental Advisory Council (EAC). COLLIER COUNTY PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission (CCPC) reviewed this petition during their public hearing on January 3, 2002. By a vote of 7 to 0, the CCPC forwarded Petition PUD-00-22 to the Board of County Commissioners with a recommendation of approval subject to the provision of a 6-foot tall ~vall along the entire southern property line with an enhanced buffer to include cabbage palm trees (12 feet to 20 feet tall) and 10 feet on center. The petitioner also agreed to eliminate the following permitted used: Hospitals, Psychiatric Hospitals, Specialty Hospitals and Fire Stations along with staff stipulations that have been incorporated into the PUD document. The Planning Commission found that this petition is consistent with the Growth Management Plan (GMP) and is compatible with the surrounding development. It should be noted that several persons spoke concerning the possible filling- in of the lake ~vithin this project. It was discussed that the lake could be reduced in size or completely filled depending on the how the site will be eventually developed. Since the wall and landscape buffer is to be provided along the southern property line, any view of the lake from the residential areas to the south would be blocked. As a result of these objections, this petition could not be placed on the summary agenda. PLANNING SERVICES STAFF RECOMMENDATION: Staff recommends approval of Petition PUD-00-22 subject to the stipulations contained in the PUD document and as otherwise described by the Ordinance of Adoption and Exhibits thereto. FEB 2 6 2002 pRePARED BY/: ~,_&y~ffLLOWS, CHmF PLANNER CURRENT PLANNING SECTION REVIEWED BY: PLANNING SERVICES DEPARTMENT Z' iq. oz, DATE o DATE APPROVED BY: COMMUrNITY DEV. AND ENVIRONMENTAL SVCS. r~AT~' This petition was continued from the February 12, 2002 BCC meeting. The Executive Summary prepared for that meeting was reviewed, approved and signed by the Transportation Department. Since this Executive Summary has not changed from the one that was signed by Transportation Department, the Transportation signature block has been eliminated because of the short time frame for review and signature. PUDZ-01-AR-00-22/EX SUMMARY/RVB/rb FEB 2 5 tOO?. TO: FROM: DATE: RE: MEMORANDUM COl I IER COUNTY PLANNING COMMISSION COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION DECEMBER 12, 2Q01 PETITION NO: PUD-2000-22. OWNER/AGENT: Agent: William L. Hoover, AICP Hoover Planning and Development, Inc. 3785 Airport Road N. Suite B-1 Naples, FL. 34105 Property Owner: Pine Ridge Redevelopment Group CIO Amy Ashby 1298 Pine Ridge Road Naples, FL. 34108 REQUESTED ACTION: This petition seeks to rezone the subject site from its current zoning classification of "RSF-4" residential Single family and "C-1" professional commercial district to the "PUD" Planned Unit Development District to allow for commercial uses. GEOGRAPHIC LOCATION: The subject property is located at the southwest corner of Goodlette Frank Road and Pine Ridge Road in Section 15, Township 49 South, Range 25 East. PURPOSE/DESCRIPTION OF PROJECT: The proposed PUD consists of 8.52 acres. The western 4.76-acre portion of this property is developed with 12 single-family residences. The eastern 3.76 acres of the property is developed with a commercial strip center uses. The applicant is requesting FEB 2 6 2002 FEB 2 § 2OO2 I ~26 Z(~ to rezone the site to a unified commercial PUD. The proposed PUD will contain three (3) different tracts with a list of permitted uses allowing office and retail uses similar to the C-3 Zoning District. The maximum building heights have been designed to be compatible with the existing development by limiting the commercial structures to a maximum height of three stories and not to excccd 50 feet in height in Area "A" as designated on the Master Plan. Areas "B" & "C" are limited to 45 feet and not to exceed three stodes. Lastly, there is an existing lake on the site, which will be partially filled as part of the redevelopment of the site. SURROUNDING LAND USE AND ZONING: Existing: The subject site is developed with single-family residences and a strip plaza, zoned "RSF-4" Residential Single-family and "C-1" Commercial Professional. Surrounding: North - Pine Ridge ROW, then Single-family residences, zoned "RSF-I" Residential Single-family. East Goodlette Frank ROW, then Single-family residences, zoned PUD. West - Hotel and Restaurant that is zoned Pine Ridge Medical Center and a single-family residence, zoned RSF-4. South- Single-family residences, zoned "RSF-4" Residential Single-family. GROWTH MANAGEMENT PLAN CONSISTENCY: This property is located within the Urban Residential Mixed Use designated area on the Future Land Use Map of the Growth Management Plan. A consistency review analysis with applicable elements of the GMP is as follows: FLUE and Density: The Future Land Use Element of the Growth Management Plan under "Office and In-fill Commercial Subdistrict" allows Iow intensity office commercial or in-fill commercial development on small parcels (12 acres or less) within the Urban- Mixed Use District located along arterial and collector roadways where residential development, as allowed by the Density Rating System, may not be compatible or appropriate. On the north side the subject property is adjacent to a commercial PUD known as Pine Ridge Medical Center PUD developed with a hotel and a restaurant. Furthermore, Policy 4.7 of the Future Land Use Element of the Growth Management Plan encourages the redevelopment of the area in question. Traffic Circulation Element: The Traffic Impact Study (TIS) indicates that the proposed project will generate approximately 4908 Weekday trips and 448 PM Peak Hour trip ends. The TIS indicates that the project trips will not exceed the significance test (5 FEB 2 6 ?002 percent of the LOS "C" design VOlume) on Pine Ridge and Gaodlette Frank Roads within the project's radius of development influence. Since the site-generated trips do not exceed the significance test, this project is consistent with Policy 5.1 and 5.2 of the Transportation Element. Conservation and Open Space: The Collier County Land Development Code requires open space consisting of at least thirty (30) percent of the gross land area. Native vegetation preservation or re-vegetation requirements of the LDC will be achieved by the design for preservation areas and by re-vegetation of native species, therefore, the Conservation and Open Space Elements of the GMP will be achieved through PUD development commitments. Utility and Water Mana.qement: Development of the land will proceed on the basis of connection to the County's sewer and water distribution system. These facilities are to be designed, constructed, conveyed, owned and mairrtained in accordance with the Collier County Ordinance Number 88-76. Water management facilities will be constructed to meet County Ordinances and they will be reviewed and approved as a function of obtaining subsequent development order approvals. The above-prescribed course of action makes this petition consistent with this element of the GMP. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. ENVIRONMENTAL~ TRANSPORTATION AND INFRASTRUCTURE EVALUATION: The subject petition has been reviewed by the appropriate staff responsible for oversight related to the above referenced areas of critical concern. This includes a review by the Community Development environmental and engineering staff, and the Transportation Services Division staff. The comments and concerns of these reviewing agencies have helped to shape the content of the PUD Document. ANALYSIS: Staff completed a comprehensive evaluation of this land use petition and the criteria on which a favorable determination must be based. This evaluation is intended to provide an objective comprehensive overview of the impact of the proposed land use change, be they positive or negative, culminating in a staff recommendation based on that -3- FEB ?- 6 2002 comprehensive overview. The list of criteria is specifically noted in Sections 2.7.2.5 and Section 2.7.3.2.5 of the Land Development Code thus requiring staff evaluation and comment, and shall be the basis for a recommendation of approval or denial by the Planning Commission to the BCC. A summary conclusion culminating in a determination of compliance, non-compliance, or compliance with mitigation is provided by Staff for each of the criteria. These evaluations are completed as separate documents and are attached to the staff report as Exhibits "A" and "B". Appropriate evaluation of petitions for rezoning should establish a factual basis for supportive action by appropriate evaluation of decision makers. The evaluation by professional staff should typically include an analysis of the petition's relationship to the community's future land use plan, and whether or not a rezoning action would be consistent with the Collier County GMP in all of its related elements. Other evaluation considerations should include an assessment of adequacy of transportation infrastructure, other infrastructure, and compatibility with adjacent land uses, a consideration usually dealt with as a facet of analyzing the relationship of the rezoning action to the long range plan for future land uses. The following are Staff's findings for this PUD petition: Relationship to Future and Existin.q Land Uses: This refers to the relationship of the proposed zoning action to the Future Land Use Element of the Collier County Growth Management Plan. As discussed above, the Future Land Use Plan acknowledges the entire area as an area where urban residential development is expected to occur. The PUD Master Plan illustrates that the project is comprised of 3 commercial tracts along with the required landscape buffer. The surrounding area consists of developed commercial and residential land uses. On two sides the surrounding properties are zoned to allow residential land uses. These densities range from 1 unit per acre in the RSF-1 District to the north across Pine Ridge Road and 4 dwelling units per acre in the RSF-4 District to the south. On the west side this property abuts a commercial PUD development containing a hotel and a restaurant. With respect to the matter of compatibility, this is an evaluation whose primary focus is similarity of land use. The subject site has approximately 1,325 feet of frontage along Pine Ridge Road and 300 feet along Goodlette Road and contains existing commercial and residential uses. The Western portion of the site is 4.76 acres, is currently zoned RSF-4, and consists of 12 single-family homes (some rental) that are located adjacent to an on-site private lake. The eastern 3.76 acres of the site is currently zoned C-1, and consists of a variety of C-5 land uses that are pre-existing legal nonconforming uses via petition for Non-Conforming Use Change (NUC-92-1 & NUC-92-3). These business include body shops, a septic tank business, a cabinet maker, a window treatment business, and a graphics sign business. -4- FEB 2 6 2002 The proposed permitted uses include office uses, commercial retail uses that are similar in nature to the C-3 Z~ning District, and a self storage facility that shall be architecturally designed to look like an office building. The development standards for this development are generally consistent with the development standards of the adjacent PUD to the west and the C-G Zoning Distrfct. The PUD Master Plan indicates that the existing lake (a previous ~l pit) is to be rectesigned as a smaller lake but still maintairfing a minimum lake widl~ of 100 fc~. This will still allow adequate lot depth for the commercial development while maintaining lake views for the residential community to the south. Therefore, staff's opinion that the proposed commercial PUD is compatible with the development trends in this area and with the Growth Management Plan. Therefore, staff is supportive ofthe proposed rezone to a commercial PUD. Traffic: This project fronts on Pine Ridge Road and Goodlette Frank Road. The Traffic Impact Statement (TIS) classifies Goodlette Frank Road as a 4-lane and Pine Ridge Road as a 6-tane artedai road. The TIS indicates the proposed uses will generate approximately 4,908 tdps on a weekday. Based on this data, the number of vehicular trips generated by project will not significantly impact Pine Ridge Road and Goodlette Frank Road within the project's radius of development influence. Since the site- generated tdps do not exceed the significance test, this project is consistent with Policy 5.1 and 5.2 of the Transportation Element. Infrastructure: The subject property is served by the County water and sewer system. However, storm water management will be provided on site. Community Infrastructure and Services: This rezone is for a commercial PUD. Community Infrastructure and Services criterion is not applicable to this rezone. PUD Document and Master Plan: The Goodlette Comers PUD Document is modeled after a County Planning Services model PUD Document. The PUD document provides the required format for addressing land uses, development standards and development commitments. The PUD contains all of the recommendations of reviewing staff. The development standards regulating the placement of structures are similar to the standards commonly employed in other PUDs, which by actual development practice has produced aesthetically pleasing communities. The Master Plan is designed with five driveways, which will provide connection to Pine Ridge and Goodlette Frank Roads. All committed road improvements shall be in place prior to the issuance of any Certificate of Occupancy for each tract of the project. -5- FEB 2 6 _002 STAFF RECOMMENDATION: Staff recommends that the CCPC recommend approval of Petition PUD-2000-22 to the Board of County Commissioners subject to the approval conditions that have been incorporated in the PUD Document and otherwise described by the Ordinance of Adoption and exhibits thereto. PREPARED BY: CHAHRAM BADAMTCHIAN Ph.D., AICP PRINCIPAL PLANNER DATE REVIEWED BY: USAN MURRAY, AICP CURRENT PLANNING MANAGER THOMAS E. KUCK, P.E. INTERIM PLANNING SERVICES DIRECTOR APPROVED BY: DEVELOPMENT & ENVIRONMENTAL SERVICES Petition Number: PUD-2000-22 This petition has been tentatively scheduled for February 12, 02, BCC Public Headng, JOYCE~NNA J. RAUTIO', CHAIRMAN -6- FEB 2 § 2002 RFTONE FINDINGS PETITION PUD-2000-22 Section 2.7.2.5. of the Collier County Land Development Code requires that the rep(3rt and recommendations of the Planning Commission to the Board of County Commissioners shall show that the Planning Commission has studied and considered the proposed change in relation to the following, where applicable: Whether the proposed change will be consistent with the goals, objectives, and policies and Future Land Use Map and the elements of the Growth Management Plan, The proposed development is in compliance with the Future Land Use Element of the Growth Management Plan. The existing land use pattern; This property is adjacent to a residential PUD to the east, a commercial PUD to the west, RSF-1 zoned properties to the north and RSF-4 zoned properties to the south. The possible creation of an isolated district unrelated to adjacent and nearby districts; . The parcel will not result in an isolated district unrelated to adjacent and nearby districts because it is adjacent to a commercial development to the west. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. The district boundaries are logically drawn and they are consistent with the FLUE of the G M P. Whether changed or changing conditions make the passage of the proposed amendment necessary. The proposed zoning change is appropriate based on the existing conditions of the property and because its relationship to the FLUE (Future Land Use Element of the Growth Management Plan) is a positive one. Whether the proposed change will adversely influence living conditions in the neighborhood. Exhibit "A" FEB ;~ 6 2002 10. The proposed change will not adversely influence living conditions in the neighborhood because the recommended development standards and other conditions for approval have been promulgated and designed to ensure the least amount of adverse impact on adjacent and nearby developments. Recommended mitigation actions should serve to ameliorate impact on an adjacent future residential area. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. Evaluation of this project took into account the requirement for consistency with Policy 5.1 of the Traffic Element of the GMP and was found consistent, a statement advising that this project when developed will not excessively increase traffic congestion. Additionally certain traffic management system improvements are required as a condition of approval (i.e. turn lanes, traffic signals, dedications, etc.). In the final analysis all rezone actions are subject to the Concurrency Management System. Whether the proposed change will create a drainage problem. Every project approved in Collier County involving the utilization of land for some land use activity is scrutinized and required to mitigate all sub-surface drainage generated by developmental activities as a condition of approval, This project was reviewed for drainage relationships and design and construction plans are required to meet County standards as a condition of approval. Whether the proposed change will seriously reduce light and air to adjacent areas. All projects in Collier County are subject to the development standards that are unique to the zoning distdct in which it is located. These development standards and others apply generally and equally to all zoning districts (i.e. open space requirement, corridor management provisions, etc.) were designed to ensure that light penetration and circulation of air does not adversely affect adjacent areas. Whether the proposed change will adversely affect property values in the adjacent area. 2 FEB 2 6 2002 11. 12. 13, 14. 15. This is a subjective determin~ion based upon anticipated results which may be internal or external to the subject property that can affect property values. Property valuation is affected by a host of factors including zoning, however zoning by itself may or may not affect values, since value determination by law is driven by market value. The mere fact that a property is given a new zoning designation may or may nat affect value. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. The basic premise underlying all of the development standards in the zoning division of the LDC is that their sound application when combined with the administrative site development plan approval process, gives reasonable assurance that a change in zoning will not result in a deterrence to improvement of adjacent property. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare. The proposed PUD complies with the Growth Management Plan, a public policy statement supporting zoning actions when they are consistent with said plan. In light of this fact the proposed change does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. The subject property can be developed in accordance with the existing zoning, however to do so would deny this petitioner of the opportunity to maximize the development potential of the site as made possible by its consistency relationship with the FLUE as contained in the Growth Management Plan. Whether the change suggested is out of scale with the needs of the neighborhood or the County. A policy statement which has evaluated the scale, density and intensity of land uses deemed to be acceptable for this site. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. FEB 2 § 2002 16. There are other sites, which are zoned to accommodate the proposed commercial development. This is not the determining factor when evaluating the appropriateness of a rezoning decision. The determinants of zoning are consistency with all elements of the GMP, compatibility, adequacy of infrastructure and to some extent the timing of the action and all of the above criteria. The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. 17. Physical alteration is a product of re-developing the land, which cannot be avoided. The applicant is proposing to fill the existing lake on the property. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. Staff reviews for adequacy of public services and levels of service determined that required infrastructure meets with GMP established relationships. FINDINGS FOR PUD PUD-Z000-2Z Section 2.7.3.2.5 of the Collier County Land Development Code requires the Planning Commission ta make a finding as to the PUD Master Plans' compliance with the following cdteda: The suitability of the area for the type and pattem of development proposed in relation to physical characteristics of the land, surrounding areas, traffic a~d access, drainage, sewer, water, and other utilities. Jurisdictional reviews by County staff support the manner and pattern of development proposed for the subject property. Development conditions contained in the PUD document give assurance that all infrastructure will be developed and be consistent with County regulations. Any inadequacies which require supplementing the PUD Document will be recommended to the Board of County Commissioners as conditions of approval by staff. Recommended mitigation measures will assure compliance with Level of Service relationships as prescribed by the Growth Management Plan. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. w Documents submitted with the application provide evidence of unified control. The PUD document makes appropriate provisions for continuing operation and maintenance of common areas. Conformity of the proposed Planned Unit Development with the goals, objectives and policies of the Growth Management Plan. The subject petition has been found consistent with the goals, objectives and policies of the Growth Management Plan. A more detailed description of this conformity is addressed in the Staff Report. EXHIBIT "B" ~GFd~A ITEM 2 6 2002 Additional Finding: The subject property is designated Urban Residential on the FLUE to the GMP. As such it authorizes zoning actions aimed at allowing the land to be for commercial uses. This petition has been reviewed by the appropriate staff for compliance with the applicable elements of the Growth Management Plan, as note below:. Future Land Use Element - Consistency with FLUE requirements is further described as follows: Land Use - The urban residential Sub-district allows Office and in-fill commercial uses provided certain criteda are met. Traffic Circulation Element - Analysis of the subject petition concluded with a finding that with development phasing this petition is consistent with the policies of the TCE. Recreation and Open Space Element - Thirty (30%) percent or more of the land area is to be developed as open space. Other Applicable Element (s) - By virtue of development commitments and master plan development strategy, staff is of the opinion that the Goodlette Corners PUD is entirely consistent with provisions of the Collier County GMP. Staff review indicates that this petition has been designed to account for the necessary relationships dictated by the GMP. Where appropriate, stipulations have been generated to ensure consistency with the GMP during the permitting process. Therefore, this petition has been deemed to be consistent with the Growth Management Plan. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. The PUD Master Plan has been designed to optimize internal land use relationship through the use of various forms of open space separation. External relationships are automatically regulated by the Land Development Code to assure harmonious relationships between projects. The adequacy of usable open space areas in existence and as proposed to serve the development. FEB 2 6 2O02 The amount of open space set aside by this project is consistent with the provisions of the Land Development Code. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public a~d Timing or sequence of development in light of concurrency requirements is not a significant pn3blem. (See Staff report) The ability of the subject property and' of surrounding areas to accommodate expansion. Ability, as applied in this context, implies supporting infrastructure such as wastewater disposal system, potable water supplies, characteristics of the property relative to hazards, and capacity of roads, is supportive of conditions emanating from urban development. This assessment is described at length in the staff report adopted by the CCPC. Relative to this petition, development of the subject property is timely, because supporting infrastructure is available. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. This finding essentially requires an evaluation of the extent to which development standards proposed for this PUD depart from development standards that would be required for the most similar conventional zoning district. The development standards in this PUD are similar to those standards used for particular housing structures and associated area requirements. ITEM FEB 2 6 2002 .,. 2.-.0 Petition No.: ? ~, C O -~.~ ~ Date Petition Received: Chahram 8adamtchian Commission District: Planner Assigned: ABOVE TO BE COMPLETED BY STAFF General Information: Name of Applicant(s) Pine Applicant's Mailing Addr~s City Naples Applicant's Telephone # 403 - 7777 Ridqe c/o Amy Redevelopment Group Ashbv~ 1298 Pine Ridoe Roa~ Smte FL Zip 34108 ext, 316 Fax# 403-7778 Nam¢ofAg~nt William L, Hoover Agent's M~lingAd~e~ 3785 Airport CiO Naples Agent's Tel~phonc# 403-88~9 Finn Hoover Planninq & Dev., Road N., Suite B-1 State FL ~p 34105 Fax# 403-9009 Inc. COLLIER COUNTY COMMUNYrY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE-N~LF~, FL 34104. PHONE (941) 403--2400/FAX (941) 643-6968 APPLICATION FOR PIYlILIt~ HI~.ARIN(I Il'OR P[ID R.~ZON~ - ~ldnjm PA( FEB 2 6 2002 ! Disclosure of Interest If the property is owned fee sirra, le by a~ IND~U~ temam-y' by tim entirety, tenaacy in commoR, or joillt tetmacy, list all parties with aa ownership imerest as well as thc percentage of such ~tcrc~ (Usc additional shcctx if uocessazy). Nam~ and Address Perc~ of Owner~',~ S~ attached hr~akdnwn nf property ff the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each.. Name and Ad&c.~, and Office Percentage of Stock ff the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interesL Nam~ ami Addr~ Percentage of Intere~ APPLICATION FOR PUBLIC H~RING lrOR PUI~ RI~3NI~. - ~S PAG AGE..~A FEB 2 6 2002 3 2 do If the propeW/is irt the ~,me of a GENERAL or LIM1TED PARTNERSHIP, list thc name of the §choral and/or limited paxtners. percentage of Ownership Name and Addztgss If there is a cONTRACT FOR PURCHASE, with an individual or individuala, a Corporation, Trustee, or a Partnership, list the names of the conWact purchasers below, including the officers, stockholders, beneficiaries, or parmem Percentage of Ownership Name and Acl~t~ Date of Contract: If any contingency clause or contract terms involve additional parties, individuals or offlce~, if a corporation, partnership, or trust. Name and Add-q~ Term of lease Date .~ubj~ct property acquir~ (X) leased ( ):_ Varies see attached deeds. If, Petitioner has option to buy, indicate date of option: _ terminates: _ ~ or anticipated closing date yrs./mos. and date option FEB 2 6 2002 ho Slmutd. any chang~ of own~? or changes in contracts for purchase occur subsequ~m~m tim dram ~f application, bu~ prior to the ~*~- of the final public ~ it is the r~spon~bility of thc applicam, or a supplemmm~ disclasu~ of/n~ Detailed le_~al deseri?ion of the pro_~ert? covered by the application: (If space is inadeqm, t--. mlach on separa~ page.) If request involves chanlp: to mo~ than one zoning distr/ct, includ~ separa~ legal~on for pmpm'W involved in each district. Applicant shall submit four (4) copies of a rece~ survey (completed within the last six months, maximum 1" to 400' scale) ifrequizexi to do so at the pm-application meeting. NOTE: Thc applicant /s responsible for supplying the correct legal description- If questions ar/se concerning the legal descr/pfion, an engineer's certification or sealed survey may be required. Section: 1 5 Tow~h?: ,lO _~ Range: Lot: BIocla Subdivision: PlatBook Page /k.~ Property I.D.#: See attached list. Mctes&BoundsDescription: See ~ee~h~cl l~ga] d~qr-ript-lanq_ 4. Size of property_: 300 f. X 1 200 ft. = Total Sq. Ft. Acrcs 8.5 2 5. Address/general location ofsub_iect properl_w_: Southwest corner of Goodlette Road and Pine Ridge Road. 6. Ad_iacent zoning and land use: Zoning ROW, then AG N RSF-1 Land use & Pine Ridge Rd., then wooded family homes & single- S RSF-4; Single-family homes Moorings Park E E~t. PUD Sinqle-family homes Pine Ridge WMedical Center Hotel/restaurant PUD APPLICA~ON FOR PORLIC HRARING mR PlJD RRF~N~ - ~ PAGE FEB 2 6 2002 Does the owner of the subject property own property contiguous to the subject property? If so, give complete legal description of entire contiguoua property. (If space is inadequate, attach on separate page). biO. Section: Township: Range:. Lot: Block: Subdivision: Plat Book Page #:__ Metes & Bounds Description: Property I.D.#: Rezone Request: This application is requesting a rezone from the zoning district(s) to the PUD Present Use of the Property: S±nqle-familv homes and commercial and Proposed Use (or range of uses) of the property: RSF-4 & C-1 zoning district(s). liqht industrial land uses. Miscellaneous commercial Evaluation Criteria: Pursuant to Section 2.7.2.5 and Sec. 2.7.3.2.5 of the Collier County Land Development Code, staff's analysis and recommendation to the Planning Commission, and the Planning Commission's recommendation to the Board of County Commissioners shall be based upon consideration of the applicable criteria noted below. Provide a narrative statement describing the rezone request with specific referene, o to the criteria noted below. Include any backup materials and documentation in support of the request. Standard Rezone Considerations (LB C Section 2. 7.2. $) 1. FFhether the proposed change will be consistent with the goals, objectives, and policies and future land use map and the elements of the growth management plarc ; 2. The existing land use pattern. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. PAGE API~LICATION FOR PUBLIC HEARING FOR PUl) REZONE - .q/98 FEB 2 6 2002 9. 12. 13. 14. 15. 16. 1 7. The impact of development on the availability of adequate publicfaci consistent with the levels of service adopted in the Collier County grr 1/11/2002APPLICATION FOR PUBLIC HEARING FOR PUl) RE-ZONE [Vhether the proposed change will be consistent with the goals, objectives, and policies and future land use map and the elements of the growth management plan. The existing land use pattern. The possible creation of an isolated district unrelated to adjacent and nearby districts. Whether existing distr~ct boundaries are illogically drawn in relation to ~x~ti~g conditions on the property for the proposed change. Whether changed or changing conditions make the passage of the proposed amendment (rezone) necessary. Whether the proposed change will adversely influence living conditions in the neighborhood. [Vhether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. ~hether the proposed change will create a drainage problem. Whether the proposed change will seriously reduce light and air to adjacent areas. Whether the proposed change will seriously affect property values in the adjacent area. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. Whether the change suggested is out of scale with the needs of the neighborhood or the county. Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. 'ities a~~P~s FEB 002 plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. II], as amended. 18. Such other factors, standards, or criteria that the board of county commissioners shall deem important in the protection of the public health, safety, and welfare. PUD Re[one Considerations (I~ C Section 2. 7. 3. 2. 5) The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Findings and recommendations of this type shall be made only after consultation with the county attorney. 3. Conformity of the proposed PUD with the goals, objectives and policies of the growth management plan. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. 7. The ability of the subject property and of surrounding areas to accommodate expansion. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications of justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. Deed Restrictions: The County is legally precluded from enforcing deed restrictions, however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. 10. hearing been held on this property within the last year? hearing? Previous land use petitions on the subject oroperty: To your knowledge, has a public If so, what was th ~ !/11/2002APpLICATION FOR PUBLIC HEARING FOR PUD RE-ZONE FEB § 2002 11. Additional Submittal requirements: In addition to this completed application, the following shall be submitted in order for your application to be deemed sufficient, unless otherwise waived during the pm-application meeting. copy of thc pre-applic-tlon meeting notes; bo If this rezone is being reqmmett for a specific use, v,o-dde t~emy (2.0) copies (this includes: HUI if affordable homing, Joycc Ernst, if residential ami Immokalce/Water Sewer District, if in Immokalee) of a 24" x 36" conceptual site plan [and one reduced 8V2" x 11" copy of site plan], drawn to a maximum scale of I inch equals 400 feet, depicting the following [Additional copies of the plan may be requested upon completion of staff evaluation for distribution to the Board and various advisory boards such as the Environmental P.Avisory Board (EAB), or CCPC]; · all existing and proposed structures and the dimensions thereof, · provisions for existing and/or proposed ingress and egress (including pedestrian ingress and egress to the site and the structure(s) on site). all existing and/or proposed parking and loading areas [include matrix indicating required and provided parking and loading, including required parking for the disabled], · required yards, open space and preserve areas, · proposed locations for utilities (as well as location of existing utility services to the site), · proposed and/or existing landscaping and buffering as may be required by the County, ¢. An architectural rendering of any proposed structures. d. An Environmental Impact Statement (EIS), as required by Section 3.8. of the Land Development Code (LDC), or a request for waiver if appropriate. 1/11/2002APPLi(~ATION FOR PUBLIC HEARING FOR PUD RE-ZONE hether or not an ElS is required, two copies of a recent aerial photograph, (taken within the previous twelve months), minimum scale of one inch equals 400 feet, shall be submitted. Said aerial shall identify plant and/or wildlife habitats and their boundaries. Such identification shall be consistent with Florida Department of Transportation Land Use Cover and Forms Classification System. Additionally, a calculation of the acreage (or square feet) of native vegetation on site, by area, and a calculation and location(s) of the required portion of native vegetation to be preserved (per LDC Section 3.9.5.5.4.). .~A FEB 2 6 2002 Statement of utility provisions (with all required attachments and sketches); A Traffic Impact Statement (TIS), unless waived at the pm-application meeting; In. A historical and archeological survey or waiver application if property is located within an area of historical or archaeological probability (as identified at pre- application meeting); ±. Any additional requirements as may be applicable to specific conditional uses and identified during the pre-application meeting, including but not limited to any required state or federal permits. j. An electronic version of the PUD on a disk as part of this submittal package. 1/11/2002APPLICATION FOR PUBLIC HEARING FOR PUD RE-ZONE AC, OA TEM 20O2 o STATEMENT OF UTILITY PROVISIONS FOR PUD PlZOO0.22 REZONE REOI/~ST NAME OF APPLICANT: MAILING ADDRESS: Pine Ri~g~ R~development Group 1298 Pine Ridqe Road c/o Amy Ashby CITY Naples STATE FL ZIP 341 08 ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): RW corner of Pine ~dqe Road and Goodlette Road. LEGAL DESCRIFrION: Section: 1 5 Township: 4 9S Range: 2 5E Lot: Block: Subdivision: Plat Book Page #: Property I.D.#: see attached sheet Metes & Bounds Description: see attached sheet TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check applicable system): a. COUNTY UTILITY SYSTEM [] b. CITY UTILITY SYSTEM e. FRANCHISED UTILITY SYSTEM PROVIDE NAME ct. PACKAGE TREATMENT PLANT (GPD capacity) e. SEPTIC SYSTEM [] [] [] TYPE OF WATER SERVICE TO BE PROVIDED: a. COUNTY UTILITY SYSTEM b. CITY UTILITY SYSTEM c. FRANCHISED UTILITY SYSTEM PROVIDE NAME d. PRIVATE SYSTEM (WELL) APPLICATION FOR PUBLIC HKARING FOR PUD REZONE - 5/98 [] [] FEB ~ 6 2002 7. TOTAL POPULATION TO PEAK AND AVERAGE DAI[.Y DEMa~qI}S: A. WATER-PEAK q fi gpr~ AVERAGE DAILY 20,700 GPD B. SEWER-PEAK ~q c~o~ AVERAGE DAILY ~ ~, 600 GPD IF PROPOSI~IG TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED: 10. NARRATIVE STATEMENT: Provide a brief and concise narrative statement and schematic dm.wing of sewage trea~ent process to be used as well as a specific statement regarding the method of affluent and. sludge disposal If percolation ponds are to be used, ~en percolation data and soil involvee[ shall be provided from tests prepared and certified by a professional engineer. 11. COLLIER COUNTY UTILITY DEI)ICATION STATEMENT: If the project is located within the services boundaries of Collier County's utility service system, written notarized statement shall be provided agreeing to dedicate to Collier County Utilities the water distribution and sewage collection facilities within the project area upon completion of the construction of these facihtiez m accordance with all applicable County ordinances in effect at the at time. This statement shall also include an agreement that the applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County. If applicable, the statement shall contain shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. 12. STATEMENT OF AVAILABILITY CAPACITY FROM OTHF~R PROVIDERS: Unless waived or otherwise provided for at the pre-application meeting, if the project is to receive sewer or potable water servic~ from any provider other than the County, a statement fi;om that provider indicating that there is adequate capacity to serve the project shall be provided. Utility Provi~ioa Statemeut RJM 10117/97 APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - $/91~ FEB 2 B 2002 Y~e/L ~/~.~. '//~ ',e i,~ /.. ~o ~ ue ~being first duly sworn, depose and say that we/£ am/are the owner~.,of the p£operty described herein and which is.the subject matter of the proposed hearing; that all tne~answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief, i~re/I understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed, complete, and all required information has been submitted. Signature of Property Owner 5'/57,,o e ,t 7' Signature of Property Owner Typed or Printed Name of Owner Typed or Printed Name of Owner The foregoing instrument was acknowledged before me this day of , by who is personally known to me or has produced State of Florida County of Collier as identif cation (Signature of Notary Public - State of Florida) APPLICATION FOR PUBLIC HEARING FOR PUD REZONE (Print. Type. or Stamp Commissioned Name of Notary Public) FEB Z 6 ZOO2 '1 NOTARIZED I_P_i ~ ~ OF AUTHORIZATION/UNIFIED CONTROl. RE: Proposed Commercial PUD Rezoning for Parcels Located on the South Side of Pine Ridge Road and, West of Goocflette Road, in Collier County, Flodda To Whom It May Conoem: Please be advised that Rich Yovanovich, of Goodlette, Coleman & Johnson, P.A., 4001 N. Tamiami Trail, Suite 300, Naples, Flodda 34013; Hoover Planning & Dev., Inc., 3785 Airport Road North, Suite B, Naples, Florida 34105; Davidson Engineering, Inc., 1720 J. & C. Blvd., Suite 3, Naples, Florida 34109; Michael Davis, Consultant, 6120 Cedar Tree Lane, Naples, Flodda 34116; and Wayne Arnold, Q. Grady Minor & Associates, Inc., 3800 Via Del Rey, Bonita Springs, Flodda 34134; are authorized by the property owner(s) shown below to act as authorized agents during the PUD Rezoning petition process and related processes. The property owner(s) shown below also acknowledges that the authorized agents have unified control over all of the land within the subject project. sincerely, PropertyX)wner's Notarized Signature Property Owne~'~ Notarized Signature Property Owner's Printed Name Property O',(vr~er's Pdnted Name STATE OF FLORIDA COUNTY OF C.o\ \, acknowledged The foregoing instrument was TOec.~,~,.- ,2000 by C~-o~-tn * ~¢-~ who is/are personally known to me or have produced as identification and who did (did not) take an oath. No~tary Public before me this/ b'~ day Printed Name ay co.~ CC, I~X~ My Commission Expires: SEAL FEB of NOTARIZED LETTER OFAUTHORIZATION/UNIFIED CONTROL RE: Proposed Commercial PUD Rezoning for Parcels Located on the South Side of Pine Ridge Road and West of Goodlette Road, in Collier County, Florida To Whom It May Concern: Please be advised that Rich Yovanovich, of Goodlette, Coleman & Johnson, P.A., 4001 N. Tamiami Trail, Suite 300, Naples, Florida 34013; Hoover Planning & Dev., Inc., 3785 Airport Road North, Suite B, Naples, Florida 34105; Davidson Engineering, Inc., 1720 J. & C. Blvd., Suite 3, Naples, Florida 34109; Michael Davis, Consultant, 6120 Cedar Tree Lane, Naples, Florida 34116; and Wayne Arnold, Q. Grady Minor & Associates, Inc., 3800 Via Del Rey, Bonita Springs, Flodda 34134; are authorized by the property owner(s) shown below to act as authorized agents dudng the PUD Rezoning petition process and related processes. The property owner(s) shown below also acknowledges that the authorized agents have unified control over all of the land within the subject project. Sincerely, ~ . t~.i~ ProPert~wner's Notarized Signature Property pwne~s Printed Name Property Owner's Notarized Signature Property Owner's Pdnted Name STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before .2~m~'~-~ ,2000 by /~,~/ £. who is/are per_~sonally known,.to me or have 'produced as identification and who did (did not) take an oath. ~ota~ Public Printed Name My Commission Expires: SEAL me this .5~w~. day of FEB 2 6 2002 NOTARr71=rt LEFTER OF AUTHORIZATION/UNIFIED CONTROL RE: Proposed Cornmercial PUD Rezoning for Parcels Located on the South Side of Pine Ridge Road and West of Goodlette Road, in Collier County, Florida To Whom it May Cem:ea~. Please be advised that Rich Yo~anovich, of Goodlette, Coleman & Johnson, P.A., 4001 N. Tamiami Trail, Suite 30Q, Naples, Florida 34013; Hoover Planning & Dev., Inc., 3785 Airport Road North, Suite B, Naples, Florida 34105; Davidson Engineering, Inc., 1720 J. & C. Blvd., Suite 3, Naples, Florida 341Q9; Michael Davis, Consultant, 6120 Cedar Tree Lane, Naples, Florida 3~116; and Wayne Arnold, Q. Grady Minor & Associates, Inc., 3800 Via Del Reit, Bonita Spdngs, Florida 34134; are authorized by the property owner(s) shown below to act as authorized agents dudng the PUD Rezoning petition process and related processes. The property owner(s) shown below also acknowledges that the authorized agents have unified control over all of the land within the subject project. sincerely, Property Owner's Notarized Signature Property Owner's Notarized Signature ~o~,_-7- I~ /-q~ ~rW Property owner's Printed Name Property Owner's Printed Name STATE OF FLORIDA COUNTY OF g-.or I ,~ The foregoing instrument was acknowledged ~"'~¢~,~1o< f .., 2000 by ~ ~),Bc--~--~ ~, who is/are personally known to me or have produced as identification and who did (did not) take an oath. Printed'l~ame before me this ~' day of My Commission Expires: SEAL Jo~nC ~ My Commi~ien ~ FEEl 2 § 2002 NOTARIZED LETTER OF AUTHORIZATION/UNIFIED CONTROL RE: Proposed Commercial PUD Rezoning for Parcels Located on the South Side of Pine Ridge Road and West of Goodlette Road, in Collier County, Florida To Whom It May Concern: Please be advised that Rich Yovanovich, of Goodlette, Coleman & Johnson, P.A., 4001 N. Tamiami Trail, Suite 300, Naples, Florida 34013; Hoover Planning & Dev., Inc., 3785 Airport Road North, Suite B, Naples, Florida 34105; Davidson Engineering, Inc., 1720 J. & C. Blvd., Suite 3, Naples, Flodda 34109; Michael Davis, ConsL~ltant, 6120 Cedar Tree Lane, Naples, Florida 34116; and Wayne Arnold, Q. Grady Minor & Associates, Inc., 3800 Via Del Rey, Bonita Springs, Florida 34134; are authorized by the property owner(s) shown below to act as authorized agents during the PUD Rezoning petition process and related processes. The property owner(s) shown below also acknowledges that the authorized agents have unified control over all of the land within the subject project. Sincerely, roperty Owner's N~)ta'riz~d Sign~'ure Property Owner'SJNotarized Signature Property Owner's Printed Name Property Owner's Printed Name STATE OF FLORIDA COUNTY OF ~"c, I ~i ~ .,~ The foregoing instrument was acknowledged before me ~,~ ~.-~-~'"' 2000 by ~,':' ' ~ who is/ace oersonally known to me or have produced as identification and who did (did not) take an oath. this ?~-~{', day of N'ot~ry Public KlM D. DAVIDSON Printed Name My Commission Expires: SEAL FEB 2 6 2002 NOTARIT~=n L~..! ! ~ OF AUTHORIZATION/UNiFIED CONTROL RE: Proposed Commerciat PUD Rez. oning for Parcels Located on the South Side of Pine Ridge Road and West of Goodlette Road, in Collier County, Fl~'ida To Whom It May Concern: Please be advised that Rich Yo~mo~icl~, of Goodlette, Coleman & Johnson, P.A., 4001 N. Tamiami Trail, Suite 300, Naples, Florida 34013; Hoover Planning & Dev., Inc., 3785 Airport Road North, Suite B, Naples, Florida 34105; Davidson Engineering, Inc., 1720 J. & C. Blvd., Suite 3, Naples, Florida 341Q9; Michael Davis, Consultant, 6120 Cedar Tree Lane, Naples, Florida 3~116; and Wayne Arnold, Q. Grady Minor & Associates, Inc., 380(3 Via Del Rey, Bonita Spdngs, Florida 34134; are authorized by the property owner(s) shown below to act as authorized agents during the PUD Rezoning petition process and related processes. The property owner(s) shown below also acknowledges that the authorized agents have unified control over all of the land within the subject project. Sincerely, Properbj Owner's Notarizc=~d Signature Property' Owner's Notarized Signature Property Owner's Printed Name Properb/Owner's Printed Name STATE OF FLORIDA COUNTY OF ~._.~ The for.e<joing instrument was acknowledged; before who is/are personally kn~ me or have produced as identifi ation and w~) take an oath. Nota~ Public ~}ihted ~am~ me this day of My Commission Expires: SEAL FEB 2 6 ,"002 NOTARIZED LETTER OF AUTHORIZATION/UNIFIED CONTROL RE: Proposed Commercial PUD Rezoning for Parcels Located on the South Side of Pine Ridge Road and West of Goodlette Road, in Collier County, Flodda To Whom It May Concern: Please be advised that Rich Yovanovich, of Goodlette, Coleman & Johnson, P.A., 4001 N. Tamiami Trail, Suite 300, Naples, Florida 34013; Hoover Planning & Dev., Inc., 3785 Airport Road North, Suite B, Naples, Florida 34105; Davidson Engineering, Inc., 1720 J. & C. Blvd., Suite 3, Naples, Florida 34109; Michael Davis, Consultant, 6120 Cedar Tree Lane, Naples, Florida 34116; and Wayne Arnold, Q. Grady Minor & Associates, Inc., 3800 Via Del Rey, Bonita Springs, Florida 34134; are authorized by the property owner(s) shown below to act as authorized agents during the PUD Rezoning petition process and related processes. The property owner(s) shown below also acknowledges that the authorized agents have unified control over all of the land within the subject project. Sincerely, ~P~0p~t~ Owner's'Notarized Signature Property Owner's Notarized Signature Property Owner's Printed Name Property Owner's Pdnted Name STATE OF FLORIDA COUNTY OF (~0t\ The foregoing instrument was acknowledged before me this who is/are personally known to me or have produced as identification and who did (did not) take an oath. Printed Name My Commission Expires: SEAL · '7 day of FEB 2 6 2002 NOTARIZED LETTER OF AUTHORIZATION/UNiFIED CONTROL RE: Proposed Commercial PUD Rezoning for Parcels Located on the South Side: of Pine Ridge Road and West of Goodlette Road, in Collier County, Flodda To Whom It Iday Concern: Please be advised that Rich Yovanovich, of Goodtette, Coleman & Johnson, P.A., 4001 N. Tamiami Trail, Suite 300, Naples, Florida 34013; Hoover Planning & Dev., Inc., 3785 Airport Road North, Suite B, Naples, Florida 34105; Davids~n Engineering, Inc., 1720 J. & C. Blvd., Suite 3, Naples, Florida 34109; Michael Davis, Consultant, 6120 Cedar Tree Lane, Naples, Flodda 34116; and Wayne Arnold, Q. Grady Minor & Associates, Inc., 3800 Via Del Rey, Bonita Spdngs, Florida 34134; are authorized by the property owner(s) shown below to act as authorized agents during the PUD Re. zoning petition process and related processes. The property owner(s) shown below also acknowledges that the authorized agents have unified control over all of the land within the subject project Sincerely, Property O/wner's No~z(dzed Signature ~' Ftroperty Owner's Notar~..~d Signature Bobby L. Bozeman Roberta M. Bozeman Property Owner's Printed Name Property Owner's Pdnted Name STATE OF FLORIDA COUNTY OF ~3 c. ~._.L,/~ c~. The foregoing instrument was acknowledged before me this 1/Jr~ day of who is/are personally knoya3.to me or have produced ,~- as identification and wh d~did not) take an oath. ~-L_,~,'L.. Notary Public Printed Name My Commission Expires: ~C'_, ~ :~'~' SEAL Comm. No. CC 597413 J, .( ,~]~ ~'~ My Comm. Exp. Dec. 22, 2000 %~ ~.%'~/ ,5onde~t thru p~chsrd ~n$. Agc¥. '"" ", ~ ~'~'i ~ FEB 2 6 :~002 NOTARIZED LETTER OF AUTHORIZATION/UNIFIED CONTROL RE: Proposed Commercial PUD Rezoning for Parcels Located on the South Side of Pine Ridge Road and West of Goodlette Road, in Collier County, Florida To Whom It May Concern: Please be advised that Rich Yovanovich, of Goodlette, Coleman & Johnson, P.A., 4001 N. Tamiami Trail, Suite 300, Naples, Florida 34013; Hoover Planning & Dev., Inc., 3785 Airport Road North, Suite B, Naples, Florida 34105; Davidson Engineering, Inc., 1720 J. & C. Blvd., Suite 3, Naples, Florida 34109; Michael Davis, Consultant, 6120 Cedar Tree Lane, Naples, Florida 34116; and Wayne Arnold, Q. Grady Minor & Associates, Inc., 3800 Via Del Rey, Bonita Springs, Flodda 34134; are authorized by the property owner(s) shown below to act as authorized agents during the PUD Rezoning petition process and related processes. The property owner(s) shown below also acknowledges that the authorized agents have unified control over all of the land within the subject project. Sincerely, Prope~-'~'Owner's Notarized Signature Property Owner's Notarized Signature Property Owner's Printed Name Property Owner's Printed Name STATE OF FLORI~DA COUNTY OF (,_L~ The foregoing instrument was acknowledged before ~ ,2000 by who is/are personally known to me or have produced as identification and who did (did not) take an oath. me this ~,rO'tr'" day of N0~ Public Printed Nam My Commission Expires: SEAL FEB 2 6 2002 NOTARDq=n LETTER OF AUTHORIZATION/UNIFIED CONTROl. RE: Proposed Commercial PUD Rezoning for Parcels Located on the South Side of Pine Ridge Road and West of Goodlette Road, in Collier County, Florida To Whom It May Please be advised:that Rich Yovano~ich, ef Geodlette, Coleman & Jahnson, P.A., 4001 N. Tamiami Trail, Suite 300, Naples, Florida 34013; Hoover Planning & Dev., Inc., 3785 Airport Road North, Suite B, Naples, Florida 34105; Davidson Engineering, Inc., 1720 J. & C. Blvd., Suite 3, Naples, Florida 34109; Michael Davis, Consuitent, 6120 Cedar Tree Lane, Naples, Florida 34116; and Wayne Arnold, Q. Grady Minor & Associates, Inc., 3800 Via Del Rey, Bonita .Springs, Florida 34134; are authorized by the property owner(s) shown below to act as authorized agents during the PUD Rezoning petition process and related processes. The property owner(s) shown below also acknowledges that the authorized agents have unified control over 'ali of the land within the subject project. Since~ly, Property O~vner's Notarized Signature Property Owner's Notarized Signature Property Owner's Printed Name Property Owner's Pdnted Name STATE OF FLORIDA COUNTY OF b.p..f~re, ~me this <~;~-'day of T~.,~foregoing instrument was ack, j~wledged , 0o0 who is/are personally known to me ....... ,. ....... as-i~;t~-I~a~ and who did (did not) take an oath. Notary Public Printed Name My Commission Expires: Exp~es Feixuli'y 27 2001 SEAL FEB 2 § _~002 NOTARIZED LETTER OF*AUTHORIZATION/UNIFIED CONTROL RE: Proposed Commercial PUD Rezoning for Parcels Located on the South Side of Pine Ridge Road and West of Goodlette Road, in Collier County, Florida To Whom It May Concern: Please be advised that Rich Yovanovich, of Goodlette, Coleman & Johnson, P.A., 4001 N. Tamiami Trail, Suite 300, Naples, Florida 34013; Hoover Planning & Dev., Inc., 3785 Airport Road North, Suite B, Naples, Florida 34105; Davidson Engineering, Inc., 1720 J. & C. Blvd., Suite 3, Naples, Florida 34109; Michael Davis, Consultant, 6120 Cedar Tree Lane, Naples, Florida 34116; and Wayne Arnold, Q. Grady Minor & Associates, Inc., 3800 Via Del Rey, Bonita Springs, Florida 34134; are authorized by the property owner(s) shown below to act as authorized agents during the PUD Rezoning petition process and related processes. The property owner(s) shown below also acknowledges that the authorized agents have unified control over all of the land within the subject project. Sincerely, ,:., ~ Property Owner's Notarized Signature Property Owner's Notarized Signature Property Owner's Printed Name Property Owner's Printed Name STATE OF FLO~RII~ . COUNTY OF ~ The foregoing instrument was a,ck~o~ b~o~ this ~'~ day of c~_ ~ ,2000 by who is/a+e-personally known to me er ha'.'? ~rc, duc~_d as.!de~tifi~'~,tinr'~-a~l who did (did not) take an oath. Notary Public Printed Name My Commission Expires: Pm Rm My Comm~t~n CC610311 Exp~'e,, Fetxuar/27 2001 SEAL FEB 2 6 2002 NOTAREEI] I.r__! I~ Ir.l< OF AUTHORIZATION/UNiFIED CONTROL RE: Proposed Commercial PUD Rezening for Parcels Located on the South Side of Pine Ridge Road and West af Goodlette Road, in Collier County, Fledda To Whom it May Con(em: Please be advised that Rich Y~, ef Goadlette, Coleman & Johnson, P.A., 4001 N. Tamiami Trail, Suite 300, Naples, Flodda 34013; Hoover Planning & Dev., Inc., 3785 Airport Road North, Suite B, Naples, Florida 34105; Davidson Engineering, Inc., 1720 J. & C. Blvd., Suite 3, Naples, Flodda 34109; Michael Davis, Consultant, 6120 Cedar Tree Lane, Naples, Florida 34116; and Wayne Arnold, Q. Grady Minor & Associates, Inc., 3800 Via Del Rey, Bonita Spdngs, Flodda 34134; are authorized by the property owner(s) shown below to act as authorized agents during the PUD Rezoning petition process and related processes. The property owner(s) shown below also acknowledges that the authorized agents have unified control over all of the land within the subject project. ~'~erty Owner's I~otarized Signature Proper{y owne~ Printed Name STATE OF FLgL~Ip~. COUNTY OF who is/are personal~y known to me or have p~oduced as identification and who did (did not) take an oath. CC613738 Printed Name i ~~ ~Y ~~ ~ o~ ~O JAN. 15,2001 My Commission Expires: SEAL .~EB Z 6 Z002 GOODLETTE CORNERS PUD REZONING ParcelIdemification Numbers(going ffomeastto west): 61942560003, 68440040002, 68440080004, 68440120003, 68440160005, 68440200004, 68440240006,68440280008,68440360009,68440400008,68440320007,61942040002 Property Owners' Names/Addresses (see lot numbers/letters shown on PUD Master Plan) 3.76-Acre parcel at SW comer of Goodlette Rd./Pine Ridge Road - George W. Shepard & Son, Inc., P.O. Box 202, Naples, FL 34106 Most of Lot I - Roy Steven & Teresa Shepard, 1320 Pine Ridge Road, Naples, FL 34108 Lot 2 and Some of Lot 1 -Amy Ashby - 1298 Pine Ridge Road, Naples, FL 34108 Lot 3 & 4 - Edward F. McCarthey & Doris J. Lewis, 94 Second St. S., Naples, FL 34102 Lot 5 - Carolyn A. Marsh & Mary S. Booton, 12774 Hunters Ridge Dr., Bonita Springs, FL 34135 Lot 6 - Robert K. Munn, 2390 Kings Lake Blvd., Naples, FL 34112 Lot 7 - Jacqueline E. Daniel & Elizabeth J. Krupp, 1228 Pine Ridge Road, Naples, FL 34108 Lot 8 - Bobby L. & Roberta M. Bozeman, 128 McCallister Rd., Crawfordville, FL 32327 Lot 9 (S) - Dugan J. Porter Et Ux, 1185 Pine Ridge Court, Naples, FL 34108 Lot 9 (M) - Dugan J. Porter, P.O. Box 10039, Naples, FL 34101 Lot 9 (N) - James R. & Deborah Lawrence, 4580 Fifteenth Ave. SW, Naples, FL 34116 Lot X - Steven Thomas Stresen-Reuter, 585 Lakeland Ave., Naples, FL 34110 Legal Descriptions The East 1/2 of the East 1/2 of Lot 51, Naples Improvement Company's Little Farms according to a map or plat thereof recorded in Plat Book 2, Page 2, of the Public Records of Collier County, Florida, excepting the East 125 feet thereof for one-half of a right-of- way and a grave plot described in O.R. Book 343 Page 688, and. Lots 1 - 9, Presque Isle, according to plat thereof recorded in Plat Book 4, Page 48, of the Public Records of Collier County, Florida, less the north 15 feet thereof, and The North 105 feet of the East 125 feet of the West half of Lot 51, less the North 15 feet for road right-of-way, Naples Improvement Company's Little Farms, per plat in Plat Book 2, Page 2, of the Public Records of Collier County, Florida. FEB 6 2002 January 3, 2002 The Collier County Planning Commission Fl-om: Representatives of homeowners of Sorrento Gardens, West Lake, Northgate Village, Country Club of Naples, among others. Today, Jan-,ry 3, 2002, engineers and plarmers representing the Pine Ridge Redevelopment Group are presenting a proposal (PUD-2000-22) to you, the Collier County Planning Commission, for rezoning and redeveloping for commercial purposes the property on the southwest corner of Goodlette Road and the south side of Pine Ridge Road west to the existing Ramada Inn and Hoolihan's Restaurant. Most of that land is currently zoned residential; however, rezoning and further commercial development on the south side of Pine Ridge Road will make an akeady dangerous traffic problem even worse for all residents or travelers east and west of Goodlette Road and following the north-south corridor, especially considering the already planned commercial developments north of the intersection on Pine Ridge Road east and west of Goodlette. The engineers and developers petitioning for the rezoning and PUD wish to remove the existing housing that fronts Pine Ridge Road and to fiII in the existing lake behind them a lake that has for at least 50 years provided attractive green space and wildlife habitat for great blue herons, - grets, wood storks, hawks, owls, and eagles and a variety of fresh water fish large mouth oass, blue gills, and catfish among them and turtles, indigo snakes, black racers, banded water snakes, and occasional alligators. These commercial developers would also remove many mature, large-canopied trees, including native species, from the site. They would replace beautiful old scrub oaks graced with trunks 24 inches in diameter and 40 foot canopies, other huge trees of 50 or more years' growth, and the established lake habitat with concrete rectangles and paved parking lots. Furthermore, traffic added from yet another commercial center would exacerbate the already horrendous conditions on Pine Ridge Road between the Tamiami Trail (US 41) and Goodlette. Moreover, the lake that developers wish to fill in has served as a significant repository for storm water, preventing flooding of not only Pine Ridge and Goodlette Roads at one of the county's most congested intersections but also surrounding properties in even the heaviest hurricane seasons. The lake is spring-fed, and, although the water level of the lake may vary during the dry season, even in prolonged drought it never stagnates or dries up; it continues to sustain wildlife. A ongestion--especially at its busiest intersections, to beautify major roads leadir Naples area, to preserve existing green space, and to provide public access to sn suggest that the Collier County Planning Commission consider seriously the am for an alternative to the PUD proposed by the Pine Ridge Redevelopment Grou In keeping with Collier County's expressed desire to reduce or to avoid further traffic ~ into the purchase of the land and development of a passive park surrounding the existing lake, from Pine Ridge Court, along Pine Ridge Road, and including the comer at Goodlette Road would satisfy all of those expressed needs reduced congestion, beautification, and expanded public park access. Clearly, creation of a passive park, like those already created at the dangerous intersections of Davis Boulevard and US 41 east or in North Naples at 111th Avenue and Vanderbilt Beach Road, would seem the most sensible and cost effective plan for such a sensitive intersection. One final but very important point. Collier County has seen fit to preserve the sacred burial ground of pioneers moved long ago from their original cemetery near the site of Saint Anne's Church on Third Street in Olde Naples to Rosemary Cemetery on Pine Ridge Road. The County has further advocated the preservation ora number of other graves along Pine Ridge Road between US 41 and Goodlette Road. Furthermore, local historians and many residents know that along the property in question at the comer of Pine Ridge Road and Goodlette Road lie additional bodies of early settlers who helped build the railroad that ended at the Naples Depot. A park would, therefore, continue Collier County's initiative by preserving their resting-place as well as beautifying the entrance to Naples, protecting a tranquil wildlife habitat, reducing traffic congestion, and maintaining a water management resource. Therefore, we, representing homeowners of the subdivisions of Sorrento Gardens, West Lake, Northgate Village, Country Club of Naples, Twin Lakes, among others, request that you not support the request for the PUD presented to you this morning and that you not recommend PUD-2000-22, D. Wayne Arnold, AICP, ofQ. Grady Minor Associates, P.A., representing Pine Ridge Redevelopment Group requesting a rezone from "RSF-4" and "C-1" to "PUD" Planned Urban Development to be known as Goodlette Comers PUD for commercial uses, for property located on the southwest comer of Goodlette Road and Pine Ridge Road, in Section 15, Township 49 South, Range 25 East, Collier County, Florida, consisting of 8.52+_ acres to the Collier County Commissioners. Furthermore, we request that you d_rio recommend the alternative of a passive park in the best interests of all of Collier County rather than the limited interests of a few. FEB 2 6 2002 ~--~.raphic Design for Proposed Park (attached) To; Collier County Planning Commission Re.* Conceptual drawing of proposed park already delivered to Comm~ Development and Environmental Services Division From: Donald Giancy and other property owners of the subdivisions south of Pine Ridge Road and east and west of Goodlette Road The proposed park is an alternative, to PUD-2000-22, D. Wayne Arnold, AICP, ofQ. Grady Minor Associates, P.A., representing Pine Ridge Redevelopment Group requesting a rezone from "RSF-4" and "C-I" to "PUD" Planned Unit Development to be known as Goodlette Comers PUD for commercial uses, for property located on the southwest comer of Goodlette Road and Pine Ridge Road, in Section 15, Township 49 South, Range 25 East, Collier County, Florida, consisting of 8.52_+ acres. For the Public Hearing: Thursday, January 3, 2002, at 8:30 A. M., ~-~he Collier County Planning Commission of Collier County, Florida. At: B"~ard of County Commissioners Meeting Room, 3rd Floor Administration Building County Government Center 3301 East Tamiami Trail Naples, Florida For further information, please contact Donald or Janet Glancy at 262-0552. FEB 2 6 tO02 ORDINANCE NO. 02- AN ORDINANCE ,-MVIENDLNG ORDINANCE NUMBER 91-102 THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED 9515N; BY CHANGING THE ZONING CLASSIlrlCATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "RSF-4" AND "C-I" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS GOODLETTE CORNERS PUD LOCATED 1N SECTION 15, TOWNSHI~ 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 8.52+_ ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, William L. Hoover, AICP, of Hoover Planning and De,~elopment, Inc., representing Pine Ridge Redevelopment Group, petitioned the Board of County Corm'nissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Collier County. Florida, that: SECTION ONE: The zoning classification of the herein described real property located in Section 15, To~xtship 39 South, Range 25 East, Collier County, Florida, is changed from "RSF-4" and "C-I" to "PUD" Planned Unit Development m accordance with the Goodlette Corners PUD Document, attached hereto as Exhibit 'A" and incorporated by reference herein. The Official Zoning Atlas Map numbered 9515N, as described in Ordinance Number 91-102, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of ,2002. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST: DWIGHT E. BROCK, CLERK BY: JAMES N. COLETTA, CHAIRMAN Approved as to Form and Legal Sufficiency q'\l~\~ Mauorie M. Student Assistant County Attorney g/admiwpLrD-2000-22/CB/im -1- FEB 6 2002 GOODLETTE CORNERS PUD A PLANNED UNIT DEVELOPMENT PREPARED FOR: PINE RIDGE REDEVELOPMENT GROUP CIO AMY ASHBY 1298 PINE RIDGE ROAD NAPLES, FLORIDA 34108 and ROBERT SOUDAN 800 FRONTAGE ROAD NORTHFIELD, ILLINOIS 60093 PREPARED BY: D.WAYNE ARNOLD, AICP Q. GRADY MINOR AND ASSOCIATES, P.A. 3800 VIA DEL REY BONITA SPRINGS, FLORIDA 34135 And RICHARD D. YOVANOVlCH GOODLETTE, COLEMAN & JOHNSON, P.A. 4001 N. TAMIAMI TRAIL, SUITE 300 NAPLES, FLORIDA 34103 DATE FILED December 29, 2000 DATE REVISED January 16, 2002 DATE REVIEWED BY CCPC January 3, 2002 DATE APPROVED BY BCC ORDINANCE NUMBER EXHIBIT "A" FEB TABLE OF CONTENTS TABLE OF CONTENTS LIST OF EXHIBITS STATEMENT OF COMPLIANCE SECTION I PROPERTY OWNERSHIP AND DESCRIPTION SECTION II PROJECT DEVELOPMENT REQUIREMENTS SECTION III COMMERCIAL AREAS PLAN SECTION IV DEVELOPMENT COMMITMENTS PAGE ii iii 1 3 5 8 14 EXHIBIT "A" EXHIBIT "B" EXH lB IT "C" LIST OF EXHIBITS PUD MASTER PLAN LEGAL DESCRIFrI'TON LIST OF PROPERTY OWNERS III FEB STATEMENT OF COMPLIANCE The development of approximately 8.52+ acres of property in Collier County, as a Planned Unit Development to be known as Goodlette Comers PUD will be in compliance with the planning goals and objectives of Collier County as set forth in the Collier County Growth Management Plan. The commercial facilities of the Goodlette Comers PUD will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives for the following reasons: The subject property is within the Urban Mixed Use District, Urban Residential Sub-District as shown on the Future Land Use Map and meets the requirements of the Office and In-fill Commercial Sub-District of the Urban - Mixed Use District in the Future Land Use Element. The Future Land Use Element permits commercial land uses on the subject land since the project meets the requirements of the Office and In-fill Commercial Sub-District by: fronting on a collector or arterial roadway, abutting commercial zoning along its western boundary, the depth of proposed commercial uses does not exceed the depth of the abutting commercial uses, the project will be served by public water and sewer, the project will be compatible with existing and permitted future land uses on surrounding properties, and the subject land area is less than twelve acres. The subject property's location in relation to existing or proposed community facilities and services permits the development's commercial intensity as described in Objective 2 of the Future Land Use Element. o The project development's proposed uses and perimeter buffering will allow it to be compatible and complimentary to surrounding land uses, including an existing home that comprises part of its western boundary, as required in Policy 5.4 of the Future Land Use Element. Improvements are planned to be in compliance with applicable sections of the Collier County Land Development Code as set forth in Objective 3 of the Future Land Use Element. The project development is planned to protect the functioning of natural drainage features and natural groundwater aquifer recharge areas as described in Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. o All final local development orders for this project are subject to Division 3.15, Adequate Public Facilities, of the Collier County Land Development Code. The Goodlette Corners PUD meets the intent of Policies 4.4 and 4.7 of the Future Land Use Element, which encourage the Board of County Commissioners to consider redevelopment plans for specific areas, including Pine Ridge Road between U.S. 41 and Goodlette-Frank Road. FEB 2 6 2002 The easternmost property zoned C-1 was reviewed under the Zoning Reevaluation Program and is deemed consistent by Future Land Use Element Map 10. Pursuant to Future Land Use Element Policy 4.7, the easternmost praperty is allowed t~ make changes to the intensity of uses in order to encourage m-devetopmem. 2 FEB 2 6 2002 1.1 1.2 1.3 1.4 1.5 SECTION I PROPER'rY OWNERSHIP AND DESCRIPTION PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of Goodlette Corners PUD. LEGAL DESCRIPTION The subject property being 8.52_+ acres, is located in Section 15, Township 49 South, Range 25 East, and is fully described as on Exhibit "B". PROPERTY OWNERSHIP The subject property is owned by numerous property owners. A complete breakdown is shown on Exhibit "C". GENERAL DESCRIPTION OF PROPERTY AREA The subject property is located at the southwest corner of the intersection of Goodlette-Frank Road and Pine Ridge Road (unincorporated Collier County), Florida. The approximate western half of the site is currently zoned RSF-4 and occupied with older homes and the approximate eastern half of the site is currently zoned C-1 and occupied with older structures and legal non- conforming C-3, C-5, and light industrial land uses. The subject property is proposed to be rezoned to PUD for commercial land uses. PHYSICAL DESCRIPTION The project is located within the Gordon River Drainage Basin as shown on the Collier County Drainage Atlas. Runoff from the site will flow southerly to the Gordon River System. The project will be designed for a 3-day, 25-year storm event for minimum road crown elevations and a 3-day, l O0-year discharge for minimum finished floor elevations, in accordance with the Rules of the South Florida Water Management District. Estimated site elevations, as provided on the U.S.G.S. map, range from 12 feet NGVD to 14 feet NGVD, with an average existing grade of 13 feet NGVD. The site is within Flood Zone "X", per the Flood Insurance Rate Maps. FEB 2. 6 2.002 1.6 1.7 Per Collier County Sail Legend dated January 1990, the soil type found within the limits of the property is ~-32 - Urban land. The site has scattered slash pines, australian pines, ficus, oaks, and exotics, such as rnelaleuca trees. Except for the metaleuca trees, all of these trees were likely planted by the property owners. PROJECT DESCRIPTION The Goodlette Comers PUD is a project comprised of 8.52 acres designated for commercial land uses, consisting of: office, service, and Iow to moderate intensity retail land uses. SHORT TITLE This Ordinance shall be known and cited as the "Goodlette Comers Planned Unit Development Ordinance". 4 FEB 2 6 2002 2.1 2.2 SECTION II PROJECT DEVELOPMENT REQUIREMENTS PURPOSE The purpose of this Section is to delineate and generally descdbe the project plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in the project, as well as other project relationships. GENERAL Ao Regulations for development of the Goodlette Comers PUD shall be in accordance with the contents of this document, PUD Planned Unit Development District and other applicable sections and parts of the Collier County Land Development Code and Growth Management Plan in effect at the time of issuance of any development order to which said regulations relate which authorizes the construction of improvements, such as but not limited to Final Subdivision Plat, Final Site Development Plan, Excavation Permit and Preliminary Work Authorization. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the Land Development Code shall apply. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Collier County Land Development Code in effect at the time of building permit application. All conditions imposed and graphic material presented depicting restrictions for the development of the Goodlette Corners PUD shall become part of the regulations, which govern the manner in which the PUD site may be developed. All applicable regulations, unless specifically waived through a variance or separate provision provided for in this PUD Document, shall remain in full force and effect. Eo Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Division 3.15 Adequate Public Facilities of the Collier County Land Development Code at the earliest, or next, to occur of either Final Site Development Plan approval, Final Plat approval, or building permit issuance applicable to this development. 2002 2.3 2.5 2.6 DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USES Commercial uses are limited to 8.52 acres. RELATED PROJECT PLAN APPROVAL REQUIREMENTS Ao The general configuration of the land uses are illustrated graphically on Exhibit "A", PUD Master Plan, which constitutes the required PUD Development Plan. Subdivision of the property and the development of the land shall be in compliance with the PUD Master Plan, Division 3.2 Subdivisions of the Land Development Code, and the platting laws of the State of Flodda. The provisions of Division 3.3, Site Development Plans of the Land Development Code, when applicable, shall apply to the development of all platted tracts, or parcels of land as provided in said Division 3.3 pdor to the issuance of a building permit ar other development order. Appropriate instruments will be provided at the time of infrastructure improvements regarding any dedications to Collier County and the methodology for providing perpetual maintenance of common facilities. MODEL UNITS AND SALES FACILITIES Temporary sales trailers and construction trailers can be placed on the site after Site Development Plan approval and pdor to the recording of Subdivision Plats, subject to the other requirements of Section 2.6.33.3 of the Land Development Code. PROVISION FOR OFF-SITE REMOVAL OF EARTHEN MATERIAL The excavation of earthen material and it's stockpiling in preparation of water management facilities or to otherwise develop water bodies are hereby permitted. Off-site disposal is also hereby permitted subject to the following conditions. Ao Excavation activities shall comply with the definition of a "Development Excavation" pursuant to Section 3.5.5.1.3 of the Land Development Code, whereby off-site removal shall be limited to 10% of the total volume excavated but not to exceed 20,000 cubic yards. All other provisions of Division 3.5 Excavation of the Land Development Code shall apply. 6 2.7 DESIGN GUIDELINES AND STANDARDS The site will be a master planned site having common and shared vehicular and pedestrian access throughout. All buildings constructed within the Goodlette Comers PUD shall be subject to division 2.8 of the Collier County LDC, Architectural and Site Design Standards and Guidelines. All buildings throughout the project shall have compatible design elements. Buildings shall contain unifying elements such as roof treatments, building materials, color scheme, landscaping and signage. In addition to the above criteria, the indoor climate controlled self-storage facility shall be designed so that no external storage unit door faces Pine Ridge Road. 7 FEB 2 6 2002 3.1 3.2 3.3 AREA SECTION III COMMERCIAL AREAS PLAN PURPOSE The purpose of this Section is to identify specific development standards for the Commercial Areas as shown on Exhibit "A", PUD Master Plan. GENERAL DESCRIPTION Areas ctesignated as Commercial Areas on the PUD Master Plan are intended to provide a vadety of commercial, financial, health, and office uses. Commercial Areas are limited to a maximum of 8.52 acres. PERMITTED USES No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A: Permitted Principal Uses and Structures: Amusement and Recreation Services (groups 7911, 7933, 7991, 7993 only for indoor video game arcade and indoor coin-operated amusement machine, 7997, 7999 only for bicycle rental, ice skating rink operation, indoor slot-car track, and miniature golf course. 2. Apparel and Accessory Stores (groups 5611 - 5699). 3. Auto Supply Stores (group 5531 ). Auto Rental and Services (groups 7514, 7515, 7549 lubricating service and window tinting both limited to only automobiles and trucks of 1 ton or less capacity). Business Services (groups 7311, 7313, 7322 - 7338, 7361, 7371 - 7384, 7389 only , interior decorating/design, mapmaking, notary public, paralegal service, and Postal Service contract stations). 6. Depository and Non-Depository Institutions (groups 6021-6199). 8 FEB 7_ 6 tO02 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. EaUng Places (group 5812 except, industrial feeding, contract feeding and commissary restaurants) and Drinking Places (group 5813 cocktail lounges only in conjunction with a restaurant.) Educational Services (groups 8211 - 8249 (no exterior instruction of motorized equipment), 8299). Food Stores (groups 5411 - 5499). General Merchandise Stores (groups 5311 - 5399). Health Services (groups 8011 - 8059, 8071 - 8099). Holding and Other Investment Offices (groups 6712 - 6799). Home Furniture, Furnishings and Equipment Stores (groups 5712 - 5736). Insurance Carriers, Agents, Brokers, and Services (groups 6311 - 6399, 6411 ). Legal Services (group 8111 ). Membership Organizations (groups 8611,8621, 8641 - 8661). Miscellaneous Repair (groups 7622, 7629 - 7631, 7641 only for antique furniture and home accessory repair and restoration, 7699 but only bicycle repair, camera repair, locksmiths, luggage repair, medical/dental instrument repair, musical instrument repair, piano repair, saw/knife sharpening service, and custom picture framing). Miscellaneous Retail (groups 5912, 5921, 5932 (antiques only), 5941 - 5949, 5992, 5994 - 5999 (except auction rooms, monument and tombstone sales). Video Tape Rental (7841). Museums and Art Galleries (group 8412). Paint, Glass, Wallpaper, Hardware, and Garden Supply (groups 5231-5261 ). Personal Services (group 7212 dry-cleaning and laundry pickup stations only, 7215, 7217, 7219 - 7291, 7299 (only car title and tag service, diet workshops, tuxedo rental, massage pador,__~and ta~ - :,~_,,,~^ ~,~ salon). 9 t~e._ ~>_,~' 23. I=rofessiorral Offices, Research, and Management Consulting Services (groups 8711 -8743, 8748). 24. Public Administration (groups 9111 - 9222, 9229 - 9661). 25. Real Estate Agents ar~t Martagem (gruups 6512, 6531 -6552). 26. Security and Carrrrrrodity Dealers (groups 6211 -6289). 27. Social Services (groups 8322 (only adult day care services, counseling sen,ices, and senior citizens associations), 8351 ). 28. Travel Agencies (group 4724). 29. Veterinary Services (group 0742 for household pets only and without any overnight boarding or outside kennels). 30. Warehousing (group 4225 indoor climate controlled self storage with no outdoor storage, no on-site maintenance, assembly, manufacturing activities, and no metal roll-up garage doors.) 31. Any other commercial use or professional service, which is comparable in nature with the foregoing uses. AREA B: All uses permitted in Area A with the exception of indoor climate controlled self storage. AREA C: All uses permitted in Areas A and B, except indoor climate controlled self storage. Fast food or drive-in restaurants, gas stations or convenience stores shall not be permitted within one hundred and fifty (150) feet of the Goodlette-Frank Road right-of-way. AREA A, B & C: Community Park B. Accessory Uses: Uses and structures that ars accessory and incidental to the Permitted Uses within this PUD Document. Cocktail Lounge (group 5813 only in conjunction with Eating Places) Caretaker's residences subject to Section 2.6.16 of the Collier County Land Development Code, with the principal entry through the commercial building. 10 ~,'~oA CEB 2 6 ~002 3.4 C. Non-Conforming Uses Existing residential uses in Areas "A" and "B" of the PUD Master Plan shall be considered "legal non-conforming uses" based on the date of adoption of this ordinance and shall thereafter meet the requirements of DIVISION1.8. NONCONFORMITIES. Each residential use in Areas "A" and "B" shall become in compliance with this PUD Document, upon the issuance of the first building permit for redevelopment of that lot within Areas "A" and "B" of the PUD. All existing uses in Area "C" shall be considered "legal non- conforming uses" based on the date of adoption of this ordinance shall thereafter meet the requirements of DIVISION1.8. NONCONFORMITIES; however, the provisions of all prior Collier County Resolutions relating to approval of non-conforming use changes in Area "C" shall remain in full force and effect. All non- conforming uses shall cease upon the issuance of the first building permit in Area "C" of the PUD for any permitted use listed in Section 3.3 of this PUD document. DEVELOPMENT STANDARDS A. Minimum Lot Area: Ten thousand (10,000) square feet. B. Minimum Lot Width: Ninety (90) feet. C. Minimum Yards: (1) Principal structures: (a) Front Yards Along Goodlette-Frank Road - Fifty (50) feet. (b) Front Yards Along Pine Ridge Road - Twenty-five (25) feet. (c) Rear Yards Internal to the PUD - Fifteen (15) feet. (d) Side Yards Internal to the PUD - One-half (1/2) the building height as measured from the closest exterior building wall with a minimum of fifteen (15) feet. 11 FEB 2 6 2002 Do Eo Ho (e) Rear and Side Yards Abutting External Commercial Land - Twenty-five (25) feet. (f) Rear and Side Yards Abutting External Residential Land - twenty-r~e (25) feet. (2) Accessory Structures: Unless otherwise noted herein setbacks shall be as required by Division 2.6,2 of the Land Development Code in effect at time of building permit application. Distance Between Principal Structures on the Same Parcel: One-half the sum of the building heights measured by the closest extedor building walls with a minimum of fifteen (15) feet. Minimum Floor Area: Seven hundred (700) square feet for the principal structure on the first habitable floor. Maximum Heiqht: Area A - Fifty (50) feet, not to exceed three (3) stories. Areas B and C - Forty-five (45) feet, not to exceed three (3) stories. Architectural and non-habitable design elements may exceed the maximum height, however these elements shall not exceed sixty (60) feet. Off-Street Parkinq and Loading Requirements: As required by Division 2.3 of the Land Development Code in effect at the time of building permit application. Bufferin.q Requirements: (1) A fifteen (15) foot wide Type "D" Buffer shall be provided along Pine Ridge Road, with the landscaping as required in Section 2.4.7.4 of the Collier County Land Development Code. 12 F.'_3 26 2002 (2) A ten (10) foot wide Type "D" buffer shall be provided along Goodlette-Frank Road, including along the west side of the off-site graveyard with the landscaping standards, as required in Section 2.2.21.5.1 of the Collier County Land Development Code. This buffer shall contain canopy trees, the number of which shall be calculated based on a minimum spacing of twenty-five (25) feet on center. All canopy trees within this buffer shall be a minimum of 12' high at time of planting. (3) Southern PUD Boundary buffering shall consist of a Fifteen (15) feet wide, Type "B" Buffer and it shall include a 6 foot tall wall made of pre-cast concrete or wood. In addition, this buffer shall be enhanced by planting Cabbage Palm trees, 12 feet to 20 feet tall, the number of which shall be calculated based on a minimum spacing of ten (10) feet on center. Si,qns Signs shall be permitted as described in Section 2.5 of the Collier County Land Development Code. 13 FEB 2 6 200:2 5' SECTION IV 4.1 4.2 4.3 DEVELQPMENT COMMITMENTS PURPOSE The purpose of this Section is to set forth the co-.i~;~,iie.~= for the development of this project. GENERAL All facilities shall be ~onstructed in strict accordance with Final Site Development Plans, Final Subdivision Plans and all applicable State and local laws, codes, and regulations applicable to this PUD, in effect at the time of Final Plat, Final Site Development Plan approval or building permit application as the case may be. Except where specifically noted or stated otherwise, the standards and specifications of the official County Land Development Code shall apply to this project even if the land within the PUD is not to be platted. The developer, his successor and assigns, shall be responsible for the commitments outlined in this document. The developer, his successor or assignee, shall follow the PUD Master Plan and the regulations of this PUD as adopted and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successor in title or assignee is subject to the commitments within this Agreement. PUD MASTER PLAN Exhibit "A", PUD Master Plan illustrates the proposed development and is conceptual in nature. Proposed area, lot or land use boundaries or special land use boundaries shall not be construed to be final and may be varied at any subsequent approval phase such as Final Platting or Site Development Plan approval. Subject to the provisions of Section 2.7.3.5 of the Collier County Land Development Code, amendments may be made from time to time. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities and all common areas in the project. 14 ITEM FEB 2 6 2002 4.4 4.5 4.6 4.7 SCHEDULE OF DEVELOPMENT/MONITORING REPORT A Site Development Plan shall be submitted per County regulations in effect at time of site plan submittal. The project is projected for completion in one (1) or two (2) phases. The landowners shall proceed and be govemed according to the time limits pursuant to Section 2.7.3.4 of the Land Development Code. Monitorinq Report: An annual monitoring report shall be submitted pursuant to Section 2.7.3.6 of the Collier County Land Development Code. ENGINEERING This project shall be required to meet all County Ordinances in effect at the time final construction documents are submitted for development approval. Design and construction of all improvements shall be subject to compliance with appropriate provisions of the Collier County Land Development Code, Division 3.2. Subdivisions. WATER MANAGEMENT A copy of the South Florida Water Management District (SFWMD) Surface Water Permit Application shall be sent to Collier County Development Services with the SDP submittal, if required. Permits may be required for filling in a portion or all of the on-site lake, cleaning the lake, and/or re-sculpturing it. Lake setbacks for the existing lake (if retained) from the perimeter of the PUD to the south shall not be required as this lake is already located along a portion of the southern PUD boundary. Lake setbacks for any new lakes may be reduced to twenty-five (25) feet where a six (6) foot high fence or suitable substantial barrier is erected. UTILITIES Water distribution, sewage collection and transmission and interim water and/or sewage treatment facilities to serve the project are to be designed, constructed, conveyed, owned and maintained in accordance with Collier County Ordinance No. 97-17, as amended, and other applicable County rules and regulations. 15 FEB 2 6 2002 4.8 TRAFFIC Aa The applicant shall be responsible for the installation of art~ial level strc~ lighting for any co~ai project entrance onto Pine Ridge Road or Goodlette-Frank Road, pdor to the issuance of any Certificates of Occupancy or Compliance. Drainage shall not be permitted to discharge directly into any off-site roadway drainage system but may discharge into the canal along the western side of GoodteEe-Frank Road with necessary permits. Road Impact Fees shall be paid in accordance with Ordinance 92-22, as amended, and shall be paid at the time building permits are issued unless otherwise approved by the Board of County Commissioners. Until such time as Area C and the easternmost lot in Area B are redeveloped, all existing access points on Pine Ridge Road for these two areas shall remain as they exist on the date of approval of this PUD, E. All commercial tracts shall provide internal cross access. Access locations to Pine Ridge Road and to Goodlette Frank Road are conceptual and subject to review and approval at final site development plan submittal consistent with the Access Control Policy (Resolution 01- 242), as may be amended, and the Collier County Construction Standards Handbook for Work Within the Public Right-of-Way (Ordinance 93-64), as may be amended. All access locations and median locations are subject to modifications and/or closure at the discretion of Collier County. 4.9 PLANNING Aa Pursuant to Section 2.2.25.8.1 of the Land Development Code, if during the course of site clearing, excavation or other construction activity a historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. 16 FEB 2 6 2002 Bo All buildings, lighting, signage, landscaping and visible architecture infrastructure shall be architecturally and aesthetically unified, and shall comply with the Architectural and Site Design Guidelines and Standards of the Land Development Code. Said unified architectural theme shall include a similar architectural design and use of similar materials and colors throughout all of the buildings and signs to be erected on the site. Landscaping and streetscape materials shall also be similar in design throughout the site. ^ conceptual design master plan shall be submitted concurrent with the first application for Site Development Plan approval depicting these standards. 4.10 ENVIRONMENTAL An exotic vegetation removal, monitoring, and maintenance (exotic-flee) plan for the site, shall be submitted to Current Planning Environmental Staff for review and approval pdor to Final Site Development Plan/Construction Plan approval for all parcels included on that project. A minimum of thirty (30) percent open space of the gross site area, as described in Section 2.6.32 of the Land Development Code, shall be provided for this commercial project. 17 FEB 2 6 2002 LEGAL DESCRIPTION Legal Descriptions The East 1/2 of the East 1/2 of Lot 51, Naples Improvement Company's Little Farms according to a map or plat thereof recorded in Plat Book 2, Page 2, of the Public Records of Collier County, Florida, excepting the East 125 feet thereof for one-half of a fight-of- way and a grave plot described in O.tL Book 343 Page 688, and. Lots 1 - 9, Presque Is!e, according to plat thereof recorded in Plat Book 4, Page 48, of the Public Records of Collier County, FIorida, less the north 15 feet thereof; and The North 105 feet of the East 125 feet of the West half of Lot 51, less the North 15 feet for road fight-of-way, Naples Improvement Company's Little Farms, per plat in Plat Book 2, Page 2, of the Public Records of Collier County, Florida. EXHIBIT "B" ~.~ST OF PROPERTY OWNERS Parcel Ide~ificatiott Numbe~ (gOh~_ from east to west): 61942560003, 68~. ~. 0040002, 68440080004, 68440120003, 68440160005, 68~. ~. 0200004, 68440240006, 68440280008, 68440360009, 68440400008, 684403~7, 61942040002 Property Own~ Name~_ A~~ (see lot numbers/letters shown on PUD Master Plan~ 3.76-Acre parcel at SW comer of Goodlette Rd./P~ Ridge Road - George W. Shepard Sc Son, In~., P.O. Box 202, Naples, FL 34106 Most of Lot 1 - Roy Steverz Sc Teresa Shepard, 1320 Pine Ridge Road, Naples, FL 34108 Lot 2 arai Some of Lot 1 o Amy Ash~ o I298 Pine Ridge Road, Naples, FL 34108 Lot 3 8:4 - Edward F. McCarthey & Doris J. Lewis, 94 Second St. S., Naples, FL 34102 Lot 5 - Carolyn A. Marsh & Mary S. Booton, 12774 Hunters Ridge Dr., Bonita Springs, FL 34135 Lot 6 - Robert K. Murm, 2390 Kings Lake Blvd., Naples, FL 34112 Lot 7 - 3acqueline E. Daniel & Elizabeth J. Krupp, 1228 Pine Ridge Road, Naples, FL 34108 Lot 8 - Bobby L. & Roberta M. Bozeman, 128 McCallister Rd., Crawfordville, FL 32327 Lot 9 (S) - Dugan J. Porter Et Ux, 1185 Pine ,Ridge Court, Naples, FL 34108 Lot 9 (M) - Dugan J. Porter, P.O. Box 10039, Naples, FL 34101 Lot 9 (bi) - ~Iames R. & Deborah Lawrence, 4580 Fifteenth Ave. SW, Naples, FL 34116 Lot X - Steven Thomas Stresen-Reuter, 585 Lakeland Ave., Naples, FL 34110 EXHIBIT "C" FEB 2 5 2002 ?L ;lOYtlO,,L$ ,-I'FJ$ di'lNOO'l o~ 2002 EXECUTIVE SUMMARY PUBLIC HEARING TO CONSIDER ADOPTION OF AN ORDINANCE ESTABLISHING TIlE FLOW WAY COMMUNITY DEVELOPMENT DISTRICT (CDD) PURSUANT TO SECTION 190.005, FLORIDA STATUTES. OBJECTIVE: For the Board to review and consider a petition for the creation by County Ordinance of the Flow \ray CDD. CONSIDERATIONS: On November 29, 2001, Mirasol Development, LLC filed a petition with John M. Dunnuck, Interim Administrator, Community Development and Environmental Services Division, for the establishment of the Flow Way CDD. A mandatory S 15,000 application fee was submitted with the petition. The land area proposed to be sen'ed by the District is bounded on the north by undeveloped lands; on the south by lmmokalee Road/CR 846; on the east by future right-of-way for County Road 951; and on the west by the Parklands, Terafina and Olde Cypress Developments. The proposed Flow \Vay CDD comprises approximately 830 contiguous acres. A map showing the location of the land area to be serviced by the District appears as Exhibit "1" to the petition. The CDD area is part of a previously approved Planned Unit Development (P.U.D.) known as "Mirasol". The Mirasol Development will ultimately consist of up to 799 dwelling units, recreational areas, 36 holes of golf, a clubhouse, a swimming and fitness facility, a tennis facility, and a network of trails and parks. As of the date of advertising for the establishment of this CDD, no P.U.D. amendment petitions for this project had been filed with Collier County. By adopting the ordinance and granting the petition the Board of County Commissioners would authorize the District, through its Board of Supervisors, to manage and finance certain basic infrastructure for the benefit of the landowners and residents of the Mirasol Development. This infrastructure, under section 190.012(1), Florida Statutes, includes basic types of systems, facilities and services: water supply, sewers and xvastewater management, water control and management (drainage), and roads, bridges and street lights. Upon consent by the County, and upon further petition by the District Board of Supervisors, if established, the District may exercise its additional charter powers pursuant to section 190.012(2), Florida Statutes. However, this executive summary reviews information as to the potential exercise by the District of all special powers. FEB 2 6 2007 The District Board of Supen, isors is initially elected for the first six years of the duration of this district in a property-based election (one-acre, one-vote), which has been specifically ruled constitutional (State of Florida v. Frontier Acres Community Development Dist., 472 So. 2d 455 (Fla. 1985)). By operation of law, in time, the Supervisors are elected on a one-person, one-vote basis. In order to provide tile basic systems, facilities and ser¥ices, the District has certain management and financing powers. It may only exercise those powers, however, if they comply with certain strict and detailed procedural requirements including ethics in government, disclosure, conflict of interest requirements, noticed meetings, government-in-the-sunshine conduct, accounting and reporting requirements to various local and state agencies, consultants' competitive negotiation procedures, competitive bidding procedures and others. Adoption of the CDD and compliance with these many procedural requirements, does not, in any way, allow the District to manage and finance any of these services and facilities without a showing that all legitimate policies, constraints, authorities, controls, permits or conditions on the development of the land, whether local, regional, state or federal in nature, and whether in the form of policies, laws, rules, regulations or ordinances, have been complied with concerning development of the property. The District will not be used for any purposes other than those consistent with the authority to develop the Planned Unit Development, because the district itself is not a development. The Community Developmcnt District is merely a mechanism to assure the county and the landowners of the district that the provision of infrastructure and services for the P.U.D. is managed and financed in an efficient and economical way. Finally, in order to prevent potential abuses of districts by landowners or by other local governments, the Legislature has provided that the charter of the district, in the general statute itself, may be amended only by tlle Legislature. II1 order to provide these systems, facilities and services, the District also is given certain eminent domain powers, within tight constraints, as well as the authority to require service charges, fees or taxes for the various services rendered, ranging from installation of capital facilities to long-term maintenance and repair. Without the County's consent by resolution the aforementioned eminent domain power is limited to the boundaries of the District. The District may also issue revenue and other user bonds as well as general obligation bonds. However, no general obligation bonds can be issued without a referendum and without a showing that it will not exceed 35 percent of the assessed valuation of the property within tile District. Even with these safeguards and constraints, during the first six years of the District's existence, the board of supervisors shall not issue general obligation bonds unless the board first holds elections on a one-person, one-vote basis for a new board of supervisors. Accordingly, if Collier County adopts the ordinance, then it establishes the Flow Way Community Development District, as a management tool to benefit both Collier County's existing and future landowners with pinpointed responsibility for timely, efficient, reliable and flexible sen, ice provision without burdening the existing taxpayers and financial structure of Collier County. In addition, the District is also a financing tool, off tile ba FEB 2 6 2002 County and tlne developer. It will provide long-range and sustained quality service to initial and subsequent landowners witlnout burdening Collier County and its taxpayers. Finally, such a District may not outlive its practical utility and usefulness. If it ceases to function it will automatically be disbanded by state law. If at any time during its existence Collier County detern~ines by a non-emergency ordinance tlnat it can provide any one of tlne district services in a more economical manner, over tlm long term, at lower cost but wittn higher quality, Collier County may then take tlmt service away from ttm district and provide the service itself. Section 190.005, Florida Statutes provides tlnat tlm exclusive and uniform method for establishment of a CDD of less tlnan 1,000 acres slnall be by county ordinance. Section 190.005, Florida Statutes outlines tlm specific content required in the petition and further outlines six (6) factors for tlm Board of County Commissioners to consider in determining whether to grant or deny a petition for tine establislmnent of a CDD, as follows: 1. Wlnether all statements contained witl6n the petition have been found to be true and correct. 2. \Vlnether tlm creation of tine district is inconsistent with any applicable element or portion of tlne state comprelnensive plan or of tine effective local government comprehensive plan. 3. Whetlner the area of land witlnin tlm proposed district is of sufficient size, is sufficiently compact, and is sufficiently contiguous to be developable as one functional interrelated community. 4. VChether tlne district is tine best alternative available for delivering community development services and facilities to the area that will be served by the district. 5. Whether fine community development services and facilities of tim district will be incompatible v,,itln tine capacity and uses of existing local and regional community development services and facilities. 6. \Vbetlner the area tlnat will be served by tlnc district is amenable to separate special-district government. County legal, planning and public works staffs have reviewed the petition and exldbits submitted by tlm petitioners (attaclned) relative to fine six (6) considerations and have found tlm proposed Flow Way CDD to be compliant witln each of the six (6) review factors. FISCAL IMPACT: As previously noted, a $15,000 filing fee was submitted with the petition. A P.U.D. Application filing fee was paid by the applicant at the time of submittal of the Mirasol P.U.D. Application. Exhibit '7" of the petition, "Flow Way Community Development District Summary of probable costs and Estimated Timetable" delineates tim fiscal impacts and timing of impacts to be managed by the district. It is noteworthy that tlne estimated internal infrastructure and services to be financed by the Flow Way CDD is $55,569,457, consisting of land clearing, utilities, general infrastructure, land mitigation and acquisition, water management, landscaping, engineering, pemaitting and contingency funds. Roadways and utilities arc ultimately to e-Wansferr&t~,~,~ County ownership. FES ? ~ 200? 3 GROWTH MANAGEMENT IMPACT: The 830+ acres of the Flow Way CDD lies partially within the Urban Residential Sub-district and Agricultural/Rural Mixed Use District designations on the Future Land Use Map. Although the establishment of this district does not constitute any development approval, the plan of development previously approved for the subject property has been determined to be consistent with the Collier County Growth Management Plan (GMP). Accordingly, any future petitions for rezone or development permits will be subsequently reviev,'ed at the time of submittal, and will be subject to the requirements and limitations specified in the Collier County Land Development Code (LDC), and will be required to be consistent with the GMP in effect at that time. RECOMMENDATION: Staff recommends ti'tat the Board of County Commissioners adopt and enact the proposed ordinance establishing the Flow Way CDD (see Attached). Attachments: PREPARED BY GLENN E. HEATH,~AICP PRINCIPAL PLANNER DATE REVIEWED BY: STAN LITSINGER, AICP COMPREHENSIVE PLANNING MANAGER DATE SUSAN MURRAY, AICP PLANNING SERVICES DEPARTMENT DIRECTOR DATE APPROVED BY: JOSEPH SCHMIq~T, ADMIN~gTRATOR comMUNITY DEV. AND ENVIRONMENTAL SVCS. Fqow Way CDD EX SUMMARY/gh DATE 1 2 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 --60 o2 ORDINANCE NO. 02-__ AN ORDINANCE ESTABLISHING THE FLOW WAY COMMUNITY DEVELOPMENT DISTRICT; ADOPTING FINDINGS OF FACT; PROVIDING FOR AUTHORITY; DESCRIBING THE EXTERNAL BOUNDARIES OF THE DISTRICT; NAMING THE INITIAL MEMBERS OF THE BOARD OF SUPERVISORS; NAMING THE DISTRICT; RECOGNIZING GOVERNING LAWS; CONSENTING TO THE EXERCISE OF CERTAIN SPECIAL POWERS; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWAS AND ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. RECITALS WHEREAS, Mirasol Development, L.L.C. has petitioned the Board of County Commissioners (Board) of Collier County, Florida, a political subdivision of the State of Florida, to establish the FLOW WAY COMMUNITY DEVELOPMENT DISTRICT (District); and WHEREAS, the Board of County Commissioners, after proper published notice conducted a public hearing on the petition and determined the following with respect to the factors to be considered in Section 190.005(1)(e), as required by Section 190.005(2)(c), Florida Statutes. 1. The petition is complete in that it meets the requirements of Section 190.005 (1) (a), Florida Statutes; and all statements contained within the petition are true and correct. 2. Establishment of the proposed District is not inconsistent with any applicable element or portion of the local comprehensive plan of Collier County, known as the Collier County Growth Management Plan, or the State Comprehensive Plan. 3. The area of land within the proposed District is of sufficient size, is sufficiently compact, and is sufficiently contiguous to be developable as one functional interrelated community. 4. The District is the best alternative available for delivering community development services and facilities to the area that will be serviced by the District. 5. The community development services and facilities of the District will not be incompatible with the capacity and uses of existing local and regional community development services and facilities. 6. The area that will be served by the District is amenable to separate special-district government; and WHEREAS, it is the policy of the State, as provided in Section 190.002 (2) (c), Florida Statutes, that the exercise by any independent district of its powers as set forth by uniform general law comply with all applicable governmental laws, rules, regulations, and policies governing planning and permitting of the development to be served by the district, to ensure that neither the establishment nor operation of such distdct is a development order under Chapter 380, Florida Statutes, and that the district so established does not have any zoning or permitting powers governing development; and WHEREAS, Section 190.004 (3), Florida Statutes, provides that all governmental planning, environmental, and land development laws, regulations, and ordinances apply to all development of the land within a community development district; and that a FEB 2 6 2002 1 2 3 4 5 6 7 8 9 I0 11 12 13 14 t5 16 17 18 19 2O 21 '3'3 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 6O 61 62 district shall take no action which is inconsistent with applicable comprehensive plans, ordinances, or regulations of local general purpose government; and WHEREAS, pursuant to Section 190.012, Florida Statutes, the District's special powers are subject to the regulatory jurisdiction and permitting authority of all applicable governmental bodies, agencies and special districts having authority with respect to any area included therein. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: FINDINGS OF FACT. The foregoing Recitals are hereby adopted as if fully set forth here as findings of facts which are determined by the Board to be true and correct. SECTION 'I'~NO: AUTHORITY FOR ORDINANCE. This Ordinance is adopted pursuant to Section 190.005 (2), Florida Statutes, and other applicable provisions of law governing county ordinances. SECTION THREE: ESTABLISHMENT OF THE FLOW WAY COMMUNITY DEVELOPMENT DISTRICT. The Flow Way Community Development District is hereby established within the boundaries of the real property described in Exhibit "A" attached hereto and incorporated by reference herein. SECTION FOUR: DESIGNATION OF INITIAL BOARD MEMBERS. The following five persons are herewith designated to be the initial members of the Board of Supervisors: 1. Christopher G. Claussen 3. Bruce Bowers 2074 Sevilla Way 1205 Pocantico Lane Naples, FL 34109 Naples, FL 34110 2. Jack Sterling 4. Mark Alderuccio 3221 64th Street, SW 5425 Park Central Court Naples, FL 34105 Naples, FL 34109 5. Thomas Barrett 132-204 Pebble Shores Drive Naples, FL 34110 SECTION FIVE: DISTRICT NAME. The community development district herein established shall henceforth be known as the "Flow Way Community Development District." SECTION SIX: STATUTORY PROVISIONS GOVERNING DISTRICT. The Flow Way Community Development District shall be governed by the provisions of Chapter 190, Florida Statutes, and all other applicable general and local law. SECTION SEVEN: CONSENT TO SPECIAL POWERS. The Board specifically consents to the District's exercise of certain additional special powers to plan, establish, acquire, construct or reconstruct, enlarge or extend, equip, operate, and maintain additional systems and facilities for: (i) parks and facilities for indoor and outdoor recreational, cultural, and educational uses; and (ii) security, ! including, but not limited to, guardhouses, fences and gates, electronic intrusion- 2 detection systems, and patrol cars, when authorized by proper governmental agencies; .....~.except that the District may not exercise any police power, but may contract with the appropriate local general-purpose government agencies for an increased level of such services within the District boundaries; all as authorized and described by Section 6 190.012 (2)(a) and (d), Florida Statutes. The Board further recognizes the District's 7 right to seek consent from Collier County for further additional special powers in $ accordance with Section 190.012(2), Florida Statutes. ]0 SECTION EIGHT: CONFLICT AND SEVERABILITY, I1 12 In the event this Ordinance conflicts with any other ordinance of Collier County or ]3 other applicable law, the more restrictive shall apply. If any phrase or portion of this 14 Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such ]5 portion shall be deemed a separate, distinct, and independent provision and such ]6 holding shall not affect the validity of the remaining portion. ]$ SECTION NINE: INCLUSION IN CODE OF LAWS AND ORDINANCES, 19 20 The provisions of this Ordinance shall become and be made a part of the Code 2! of Laws and Ordinances of Collier County, Florida. The sections of the Ordinances may 22 be renumbered or relettered to accomplish such, and the word "ordinance" may be 23 changed to "section", "article", or any other appropriate word. 24 1_5 SECTION TEN: EFFECTIVE DATE. 26 2'7 This Ordinance becomes effective upon filing with the Florida Department of 28, State. 29 3O 34 35 36 37 38 39 4O 41 42 43 45 46 47 48 49 5O 51 52 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this ~ day of ,2002. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST: DWIGHT E. BROCK, Deputy Clerk BY: JAMES N. COLET-TA, CHAIRMAN Approved as to Form And Legal Sufficien :E~.',~~~' PATRICK G. WHIT Assistant County Attorney A GEfl"~ A E ~o, S FEB ? 5 2002 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA RE: PROPOSED ORDINANCE PURSUANT TO ) SECTION 190.005 (2), FLORIDA STATUTES ) TO ESTABLISH THE FLOW WAY ) COMMUNITY DEVELOPMENT DISTRICT ) ) PETITION TO ESTABLISH A COMNIUNITY DEVLOPMENT DISTRICT MIRASOL DEVELOPMENT, L.L.C., (hereinafter "Petitioner"). by and through its undersigned attorne.v, hereby petitions the Collier County Board of County Commissioners to adopt an ordinance: 1) establishing and recognizing a Community Development District (hereinafter "District") pursuant to the Uniform Community Development District Act of 1980, Chapter 190, Florida Statutes, as amended: 2) acknoxvledging the uniform district charter contained in Sections 190.006 through 190.041 as provided by Section 190.004(4), Florida Statutes, establishing the District on the property described herein within which the District may manage and finance its basic infrastructure systems, facilities and services as provided in its charter; and 3) designating the initial District Board of Supervisors. In support of this petition, Petitioner states: 1. Location and Size. The proposed District is located entirely within unincorporated Collier County, Florida. Exhibit I depicts the general location of the project. The proposed district covers approximately 830 acres of land. C ~l)ocun~:nts and Seuings\~.hite_p\Local Seuings\Temporar5 Inlernel Files\OLK 123\Cl)D-Flow Wa.,, Pelilion-re'. l.doc The site is located in portions of Section 15 and Section 22, near the intersection of CR 951 and Immokalee Road. The metes and bounds description of the external boundaries of the District is set forth in Exhibit 2. 2. Excluded Parcels. There are no parcels within the external boundaries of the proposed District, which are to be excluded from the District. 3. Landowner Consent. At the time of filing this Petition, all of the land to be included in the District is owned by IMCOLLIER Joint Venture. Petitioner has obtained written consent to establish the District in accordance with Section 190.005, F.S. Documentation of this consent is contained in Exhibit 3. 4. Initial Board Members. The five persons designated to serve as the initial members of the Board of Supervisors of the proposed District is as follows: Christopher G. Claussen 2074 Sevilla \Vay Naples. FL 34109 Jack Sterling .,.~.~ 64~h .~__ 1 St. SW Naples, FL 34105 Bruce Bowers 1205 Pocantico Lane Naples FL 34110 Mark Alderuccio 5425 Park Central Court Naples, FL 34109 Thomas Barrett 132-204 Pebble Shores Drive Naples, FL 34110 C:XDocun~2nts and Settings\v. hite_p\Local Setlings\Temporar), Imerncl Files\OLK123~2DD-Flov. Way Petition-re~ I doe All of the above-listed persons are residents of the State of Florida, and citizens of the United States of America. 5. Name. The proposed name of the District is the "Flow Way Community Development District." 6. Existing Zoning. Currently, the lands to be included within the District are zoned PUD. Neighboring lands are principally zoned PUD and AG, as shown in Exhibit 4. 7. Future Land Uses. The future general distribution, location, and extent of the public and private land uses proposed for the District by future land use plan element of the County's Future Land Use Plan is identified on Exhibit 5. The construction of approximately up to 799 residential dwelling units, recreational areas, 36 holes of golf. clubhouse, a swimming and fitness facility, a tennis facility, and a network of trails and parks are authorized for the portions of the development to be included within the District. Development is projected to occur over an estimated 8-year period. The proposed land uses for the lands contained v~'ithin the proposed District are consistent with the approved Collier County Future Land Use Plan. Major Water and Wastev,'ater Facilities. Exhibit 6 shows the major trunk water mains and wastewater interceptors proposed to be included within the District. within the currently undeveloped lands A portion of the storm water run-off will be reclaimed for golf course irrigation. It is currently proposed that Collier County will provide water and sewer service to the lands within the District. C:XDocuments and Seuings\~,.hile_pXLocal Settings\Temporary Inlernet Files\OLK 1235CDD-I:Io'.s Wa3, Petition-rex I doc 9. District Facilities and Services. Exhibit 7, attached hereto, depicts the type of facilities the Petitioner presently expects the District to finance, construct and install from approximately 2001-2008. The estimated costs of construction are also described in Exhibit 7. Actual construction timetables and expenditures will likely vary, due in part to the effects of future changes in the economic conditions upon costs such as labor services materials interest rates, and market conditions. 10. Mitio_ation lands for the project in Sections I0 and 15 and to the east of Section 10. The District shall have the authority, pursuant to Section 190.012 (l)(f), Florida Statutes, to exercise all pov,'ers under the Act with regard to the mitigation lands depicted as the "Upland Preserve" and "Wetland Preserve" areas on attached Exhibit 8. These mitigation lands are in addition to the mitigation lands located within the boundaries of the District and perpetual maintenance and monitoring is required by the South Florida Water Management District as a condition of Environmental Resource Permit (Application No. 000518-10). These areas are necessary to construct the public and private land uses identified in Exhibit 5. The District shall comply with all the conditions in the permit issued pursuant to Application 000518-10 regarding the perpetual maintenance and monitoring of the mitigation areas as depicted in Exhibit 8. 11. Chain (or ribbon) of lakes. The District shall have the authority, pursuant to Section 190.012 (l)(a), Florida Statutes, to exercise all powers under the Act on the water management improvements depicted as the "Flow Way Conveyance" on attached Exhibit 8. These water conveyance improvements provide the necessary legal positive outfall to drain the land uses within the District. These conveyances are also a condition C:Xl)ocun~.mts and Seuings\~ hite_p\l.ocal SeuingsXTemporar). Interne! Files\OLK! 23\CDD-FIo'o. Way Petition-re,,' Idoc for the issuance of the South Florida Water Management District to obtain the Environmental Resource Permits (Applications No. 000518-10, 010419-6 and 970923- 12) required for the lands within the District. As part of the reasonable assurances granted to the South Florida Water Management District for the referenced Environmental Resource Permit applications, the District shall comply with all the necessary and required permit conditions in the permits associated with the referenced applications, requiring perpetual maintenance and operation of the Flow Way Conveyance area as depicted in Exhibit 8. To insure that the District has the authority to exercise its powers on all of the water management improvements located outside the geographical boundaries of the District, it bas been granted a Drainage Ingress/Egress and Maintenance Easement from the adjacent landowners (Olde Cypress Development, Ltd., and Robert Vocisano, Trustee) over which a portion of these water management improvements are located which is attached as Exhibit 8A. These entities are not located within nor a part of the District, however, in order for Petitioner and these adjacent landoxvners to obtain their Environmental Resource Permits, the District was required to accept responsibility over the maintenance responsibilities for the Flow Way Conveyance set forth in Exhibit 8. 12. Statement of Estimated Re_oulator¥ Costs. Exhibit 9 is the statement of estimated regulatory costs ("SERC") prepared in accordance with the requirements of Section 120.541. Florida Statutes (1997). The SERC is based upon presently available data. The data and methodology used in preparing the SERC, accompany it. C:~Documcnls and Scttings\~,.hi~e_p\Local Settings\Temporar) lnternel Filcs\OLKI23\CI)I)-Flox~ ~,Va.,, Pelilion-re~ I doc FEi3 2 ~; ,: ..... , 13. Authorized Agent.: The Petitioner, Mirasol Development, L.L.C., a Florida Limited Liability Company, is authorized to do business in Florida. The authorized agent for the Petitioner is: Robert G. Claussen 6025 Carlton Lakes Blvd. Naples, FL 34110 See Exhibit I0 - Authorization of Agent. Copies of all correspondence and official notices should also be sent to: Dr. Henry Fishkind Fishkind & Associates. Inc. 11869 High Tech Avenue Orlando, FL 32817 And: Ms. Neale Montgomery, Esq. Pavese, Haverfield, Dalton. Harrison, & Jensen, L.L.P. P.O. Drawer 1507 Ft. Myers, FL 33902-1507 14. This petition to establish the Flow \Vay Community Development District should be granted for the following reasons: A. Establishment of the District and all land used and services planned within the proposed District are not inconsistent with applicable elements or portions of the effective State Comprehensive Plan or the Collier County Comprehensive Plan. B. The area of land within the proposed District is part of a planned community. It is of a sufficient size and is sufficiently compact and contiguous to be developed as one functional and interrelated community. C:XDocun~nts and Scuings\,.~hite_p\Local Settings\Temporary Interne! FilesXOl. K I23~CDD-[:Io~'. Way Petition-re~ Idoc C. The establishment of the District will prevent the general body of taxpayers in Collier County from bearing the burden for installation of the infrastructure and the maintenance of certain facilities with the development encompassed by the District. The District is the best alternative for delivering community development service and facilities to the proposed community without imposing an additional burden on the general population of the local general- purpose government. Establishment of the District in conjunction with a comprehensively planned community, as proposed, allows roi' a more efficient use of resources. D. The conmmnity development services and facilities of the District will not be incompatible with the capacity and use of existing local and regional community development services and facilities. In addition, the establishment of the District will provide a perpetual entity capable of making reasonable provisions for the operation and maintenance of the District's services and facilities. E. The area to be served by the proposed District is amenable to separate special-district government. WHEREFORE, Petitioner respectfully requests the County Collier County, Florida to: I. Direct its staff to schedule a public hearing in accordance with the requirements of Section 190.005 (2) (b). Florida Statutes (1997); Commission of C:LDocun~:n~s and Senings\v~hile_p\Local Setfings\Temporar) lmernct FilesV)LKI23',L-l)D-Fkw~ ~,'a5 Pelition-re~, I doc 2. Grant the petition and adopt an ordinance to establish the District pursuant to Chapter 190, Florida Statutes; 3. Consent to the District's exercise of certain additional special powers to plan, establish, acquire, construct or reconstruct, enlarge or extend, equip, operate and maintain additional systems and facilities for: (i) parks and facilities for indoor and outdoor recreational, cultural, and educational uses; and (ii) security, including, but not limited to, guard-houses, fences and gates, electronic intrusion-detection systems, and patrol cars, when authorized by propel' governmental agencies; except that the district may not exercise any police power, but may contract with the appropriate local general- purpose,_,oovernment a~encies~ for an increased level of such services within the District boundaries, all as authorized and described by Section 190.012 (2)(a) and (d). Florida Statutes. RESPECTFULLY SUBMITTED this day of 2002. By: Charles Mann fol' Neale Montgomery Pavese, Haverfield, Dalton, Harrison & Jensen, L.L.P. 1833 Hendry Street P.O. Drawer 1507 Fort Myers, FL 33902-1507 Representatives for the Petitioner C'xI)ocuments and Settings\v. hite_p\Local SeuingsXTemporary lnternet Files\OLK123\CDD-Flow Way Petition-r¢~ I .doc AG~IqD ~TEM.~ List of Exhibits for PETITION TO ESTABLISH A COMMUNITY DEVLOPMENT DISTRICT (Flow Way CDD) Exhibit 1, Depicts the general location of the project Exhibit 2, The metes and bounds description of the external boundaries of the district Exhibit 3, Documentation of consent of landowners Exhibit 4, A map showing existing land use and zoning information within and adjacent to the proposed District Exhibit 5, The future general distribution, location, and extent of the public and Private land uses proposed for the District by future land use plan element of the County's Future Land Use Plan Exhibit 6, Major trunk water mains and wastewater interceptors within the currently undeveloped lands proposed to be included within the District Exhibit 7, Depiction of type of facilities to be built, and estimated timetable and costs of construction Exhibit 8, Mitigation Lands, Water management improvements Exhibit 8A, Drainage, Ingress/E~ess and Maintenance Easement Exhibit 9, Statement of estimated regulatory costs ("SERC") prepared in accordance with the requirements of Section 120.541. Florida Statutes (1997) Exhibit 10, Authorization of agent F:\WPDATAhNNf~CCMS~List of Exhibits for petition.doc East Terry St. ' Bonita Beach LEE COUNTY COLLIER COUNTY PROJECT LOCATION Immokalee Road,,...C...R~. 8,46 FLOW WAY CDD LINE LOCATION ,MAP, EXHIBI~ 1 rn z.. C35-C37 - LINE TABLE UNE LENGTH BEARING L1 990.31 S89'09'08'W 1.2 1332.41 N01 '10'06'W L3 ,328.98 N89~7'39'E L4 1352.56 NO11 ~'59 'W L5 655.72 S89~06'10'W L6 1 352.31 NO1 '06'4.7'W L7 655.40 S89'04'26'W L8 13.31.97 N01 '00'48'W L9 651.08 S89'02'41'W L10 2662.98 N00'59'06'W L11 988.18 N00'sg'00'W L13 159.54. S23'10'4~'W L14 98.12 S76'56'44'W L15 58.87 N58'20'56'W L16 75.67 S51'38'22'W L17 215.4-8 N71 '44'38'W L18 80.88 S86'I 2'12'W L19 74.98 N57'50'og'w 1.20 160.4.9 S55'4.2'20'W L21 758.04 SO1 '4.3'55'1[ 1_22 2676.29 S01 '41 '44'1~ L2.3 1354.41 S01 '4.2'40'£ L.24 1,306.80 S89'04'~6'W L25 2667.44 $01 '30'39'E L26 164.50 S89'O8'23'W L.27 1333.63 S01'29'06'[ 1_28 1155.54. S89'10'34'W SECTION 15 L9 g L7 SECTION 22 i i L5 rn 0 ~GNOLI '"'""'""~BRUNDAG£, INC. d L3 ~ .2 IIIIII Professional Engineers, Planners &: Lan Surveyors FOR: J.D. NICEWONDER ~ P.O.B. ~ METES AND BOUNDS DESCRIPT~ ~-SOUTH 1/4[CORNER;E ;D~I~.I -- FOR THE FLOW WAY CDD Line. XSECTION '2~ No.___ __~.~_~ LocitedlnPortlons of SECTIONS 22 & 'IS, T48S, R26E' \- -! "~"" l COME. COU.W, ~u ----D .~ t. 8'6' ' '/ o^~: 'o;/,./o~ I coco nt£ .o.: 788J. CGO IMMOKALEE I-(UA t~.' ?J.,~ [,,,,.~. SCALE: ,-. ,ooo. ls,r~r ~ ¢ LEGAL DESCRIPTION OF NICEWONDER PROPERTY SOUTH A"PARCEL OF LAND LYING IN SECTIONS 15 AND 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, SAID PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; Beginning et the South Quorter Comer of sold Section 22; thence S.89'09'08"W., o distonce of 990.31 feet; thence N.01'10'O6"W., o distonce of 1,332.41 feet; thence N.89'O7'39"E., o distonce of 328.98 feet; thence N.01.12'59"W., o distonce of 1,332.56 feet; thence S.89'06'10'W., o distonce of 655.72 feet; thence N.01'06'47"W., o distonce of 1,332.31 feet; thence S.89'04'26"W., o distence of 653.40 feet; thence N.01'00'48'W., o distonce of 1,331.97 feet; thence S.89'02'41"W., o distonce of 651.08 feet; thence N.00'59'06"W., o distonce of 2,662.98 feet; thence N.00'59'00"W., o distonce of 988.18 feet to the point of curve of o non tongent curve to the left, of which the rodius point lies N.21'31'58"W., o rndiol distonce of 559.00 feet; thence northeosterly olong the orc, through o centrol ongle of 29'40'27', a distonce of 185.93 feet to o point of reverse curve to the right hoving o rodius of 381.00 feet end o centrol ongle of 18'46'56'; thence northeosterly olong the otc, o distonce of 124.90 feet to o point of reverse curve to the left hoving a rodius of 312.00 feet end o centrol ongle of 27'38'40'; thence northeosterly olong the otc, o di~tonce of 150.54 feet to a point of reverse curve to the right hoving o rodius of 1,988.00 feet end o centrol ongle of 03'33'22"; thence northeosterly olong the orc, o distonce of 123.39 feet to o point of reverse curve to the left hoving o rodius of 412.00 feet end o centrol ongle of 35'06'17'; thence northerly olong the otc, o distonce of 252.4-5 feet to o point of reverse curve to the right hoving o rodius of 188.00 feet end o central ongle of 24'47'52"; thence northerly olong the otc, a distonce of 81.37 feet; thence N.25.10'48"E., o distonce of 159.54 feet to o point of curve to the right hoving a rodius of 98.00 feet end o centrol ongle of 107'41'02"; thence eosterly along the otc o distonce of 184.18 feet to o point of reverse curve to the left hoving o rodius of 212.00 feet and o centrol ongle of 53'55'06'; thence eosterly olong the arc, a distance of 199.50 feet; thence N.76'56'44'E., a distonce of 98.12 feet to o point of curve to the right hoving o rodius of 68.00 feet end o centrol ongle of 44'42'20'; thence eosterly along the otc a distonce of 68.66 feet; thence S.58'20'56"E., o distonce of 38.87 feet to o point of curve to the left hoving o rodius of 112.00 feet end o centrol angle of 71'41'55"; thence eosterly olong the arc o distonce of 140.15 feet to o point of reverse curve to the right hoving o rodius of 225.00 feet end o centrol ongle of 28'55'44'; thence northeosteHy olong the orc, o distonce of 113.60 feet to o point of reverse curve to the left hoving o rodius of 212.00 feet end o centrol ongle of 27'20'10"; thence northeosterly olong the otc, o distonce of 101.15 feet to o point of reverse curve to the right hovlng o rodius of 38.00 feet end o centrol ongle of 58'26'43'; thence eosteHy olong the otc, o distonce of 38.76 feet to o point of reverse curve to the left hoving o rodius of 212.00 feet end o centrol ongle of 32'15'37"; thence eosterly olong the otc, o distonce of 119.37 feet to o point of reverse curve to the right hoving o rodius of 188.00 feet end o centrol ongle of 25'02'51"; thence easterly olong the otc, o distonce of 75.62 feet to o point of reverse curve to the left hoving o rodius of 212.00 feet end a centrol angle of 46'44'55"; thence eosterly olong the otc, o distonce of 172.97 feet to o point of reverse curve to the right hoving o rodius of 168.00 feet end o central ongle of 28.19'29"; thence eosterly olong the otc, o distonce of 92.94 feet to o point of reverse curve to the left hoving o rodius of 212.00 feet end a centrol ongle of 30'42'52"; thence northeosteHy olong the arc, o distonce of 115.65 feet; thence N.51'58'22'E., o distonce of 75.67 feet to o point of curve to the right hoving n rodius of 188.00 feet end o centrol ongle of 56'37'01'; thence eosterly olong the otc o distonce of 185.77 feet; thence S.71'44'38"E., o distonce of 215.48 feet to o point of curve to the left boring o rodius of 512.00 feet end o centrol ongle of 15'36'30"; thence eosterly olong the otc o distonce of 64.99 feet to o point of reverse curve to the right hoving o rodius of 138.00 feet end o centrol ongle of 50'18'09"; thence eosterly olong the otc, o distonce of 72.99 feet to o point of reverse curve to the left having o rodius of 162.00 feet end o centrol ongle of 38'42'28'; thence eosterly olcng the otc, o distonce of 109.44 feet to o point of reverse curve to the right having o redius of 138.00 feet end o centrol ongle of 34'16'32"; thence eosterly olong the otc, o distonce of 82.55 feet to a point of reverse curve to the left hoving o rodius of 162.00 feet end o centrol ongle of 32'18'53'; thence easterly olong the otc, o distence of 91.37 feet; thence N.86'12'12'E., o distance of 80.88 feet to o point of curve to the right hoving o rodius of 138.00 feet (SEE SHEET 3 OF 3 FOR CONTINUATION) GENERAL NOTES: 1. DIMENSIONS ARE IN FEET AND DECIMALS THEREOF. 2. R.O.W. = RIGHT-OF-WAY. CURVE DIMENSIONS ARE AS FOLLOWS: ~, = DELTA. R -- RADIUS, A -- ARC, CH -- CHORD, AND Crib = CHORD BEARING BEARINGS ARE ASSUMED BASED ON THE SOUTH LINE OF THE SOUTHEAST 1/4 OF SECTION 22. TOWNSHIP 48 SOUTH, RANGE 26 EAST, BEING N 89'10'34" E ...... ,~' ,' .... -' TOTAL AREA = 829.74 ACRES MORE OR LESS. NO. ~)_L~,~_ NOT A SURVEY |i"-!i'-'BRLr~D^CE, INC. ,, ?rofcssional Enginecrs, Planners $c Land Surveyo J.D. NICEWONDER BILE: METES AND BOUNDS DESCRIPTION FOR THE FLOW WAY CDD Line, Located In Portions of SECTIONS 22 & 15, T 48 S, R 26 E, COLLIER COUNTY, FL. ~^~ s~: RCP I ASa PRO~Cr ~o.: 788J '_' CM£CI(£D aY: CPA I ACAO F1LE NAM£:8074MB02 o^m o,/,~/o, I coco ntt ,o.: 788.~.CCO .: SCALE: 1' - 1000' I SHEET 2 Of' ,,~ ,. EXHIBIT 2 CURVE TABLE CHORD BEARING (CONTINUED FROM SHEET 2 OF ,3) 103.00 t 54.98 S76"51 '24'E N86'O4'22'W N86'24'05'E S80"11'45'w 25'30'56' N77'53'47'E 21 '09'09' S75'42'53'W 30'35'07' NT0'Sg'54'E and o central angle of 93'01'46"; thence southeasterly along the arc o distance of 224.07 feet to o point of reverse curve to the left having o radius of 312.00 feet and o central angle of 60'40'03'; thence southeostedy clang th, arc, o distance of 330.36 feet to o point of compound curve to the left having o radius of 112.00 feet and o central angle of 29'30'43"; thence easterly along the arc, o distance of 57.69 feet to o point of reverse curve to the right having o radius of 308.00 feet and o central angle of 71'16'11"; thence southeasterly along the arc, o distance of 385.12 feet to o point of compound curve to the right having o radius of 908.00 feet' and o central angle of 30'33'57"; thence southeHy along the arc, o distance of 484.39 feet to o point of reverse curve to the left having o radius of 112.00 feet and o central angle of 68'43'29"; thence southeosteHy along the arc, o distance of 134.34 feet; thence $.57'50'09"E., o distance of 74.98 feet to o point of curve to the left having a radius of 512.00 feet and o central angle of 37'22'29"; thence easterly along the arc o distance of 333.98 feet to o point of reverse curve to the right having o radius of 488.00 feet and o central angle of 18'16'35"; thence easterly along the arc, o distance of 155.66 feet to o point of reverse curve to the left having o radius of 512.00 feet and o central angle of 33~19'39'; thence easterly along the arc, o distance of 297.82 feet to o point of reverse curve to the right having o radius of 488.00 feet and o central angle of 20'54'59"; thence eosterty along the arc, o distance of 178.15 feet to o point of reverse curve to the left having o radius of 212.00 feet and o central angle of 25'30'56"; thence easterly along the arc, a distance of 94.41 feet to a point of reverse curve to the right having o radius of 588.00 feet and o central angle of 21'09'09"; thence easterly along the arc, o distance of 217.08 feet to o point of reverse curve to the left having o radius of 103.00 feet and o central angle of 30'55'07"; thence easterly along the arc, o distance of 54.98 feet; thence N.55'42'20"E., o distance of 160.49 feet; thence S.01'43'53'E., o distance of 738.04 feet; thence S.01'41'44".E., o distance of 2,676.29 feet; thence S.01'42'40"E., o distance of 1,334.41 feet; thence S.89'04'26"W., o distance of 1,306.80 feet; thence S.01'30'39"E., o distance of 2,667.44 feet; thence S.89'08'23"W., o distance of 164.50 feet; thence S.01'29'06'E., o distance of 1,333.63 feet; thence S.89'10'34'W., o dis[once of 1,155.54 feet to the POINT OF BEGINNING. Containing 829.74 acres, more or less; subject to easements and restrictions of record. It, NOT A SURVEY AGNOLI. BARB /~3RUNDAGE, INC. Professional E ,~s' Planners & Land Surveyori BY Guy P. Ad( iiii," ,:; ou · ....~B~ER & u....}BRUNDAGE, INC. Professional Engineers, Planners 8: Land Surveyors J.D. NICEWONDER METES AND BOUNDS DESCRIPTI~'' FOR THE FLOW WAY CDD Lint Located In Portions of SECTIONS 22 & 15, T 4~ $, ~ 26 E, COLLIER COUNTY, FL DRAWN ST: RaP ~ ASB PRO. CT No.: C.~IECKED BY: CPA [ ^CAD RL[ N^U~' 8074MB02 OAT[: 0g/l%/O! COCO FILE No.: 7~.C(~ ,. EXHIBIT 2 EXHIBIT '3 ConSent and~j'(~ind~"6f Landowners To Establishment of a Community Development District T The undersigned is the owner of certain lands more fully described on Exhibit z attached hereto and made a part hereof ("Froperty"). The undersigned understands and acknowledges that Mirasol Development, LLC. ("Petitioner") intends to submit an application to establish a Community Development District in accordance with the provisions of Chapter 190 of the Florida Statutes. As an owner of lands which are intended to constitute the Community Development District, the undersigned understands and acknowledges that pursuant to the provisions of Section 190.0005, Florida Statutes, the Petitioner is required to include the written consent to the establishment of the Community Development District of one Kindred percent (100%) of the owners of the lands to be included within the Community Development District. The undersigned hereby consents to the establishment of a Community Development District which will include the Property within the lands to be part of the Community Development District and agrees to further execute any documentation necessary or convenient to evidence this consent and joinder during the application process for the establishment of the Community Development District. The undersigned acknowledges that the consent will remain in full force and effect until the Community Development District is established or three years from the date hereof, which ever shall first occur. The undersigned further agrees that it will provide to the next purchaser or successor in interest of all or any portion of the Property a copy of this consent form obtain, if requested by Petitioner, a consent to establishment of the Community Development District in substantially this form. The undersigned hereby represents and warrants that it has taken all actions and obtained all consents necessary to duly authorize the execution of this consent and joinder by the officer executing this instrument. Executed this day, September 1, 2001 IMCOLLIER JOINT VENTURE, A Florida General Partnership, By: Mirasol Development, LLC A Florida Limited Liability Company, Managing Venturer Robert G. Claussen, Managing Member STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this 1 day of September, 2001, by Robert G. Claussen, Managing Member, on behalf of the Landow~He~~n, -., J:>' O~F'K;IAI. NOTAR'~'"SEJu"' I F,,,,,~,g'' U_.8~.,<_ JOHN J STERLING ~ . I 0~,,,'~ 0 co~ wum~ . 133 ~ ~ ~ ~ 0 Z . ...... ; .................... L____- .~_ ....................... ~.~-~. ~ . Exhibit 5 Page 2 of 3 a. Presently developed sites; . b. Sites where water-dependent or water-related uses have been previously established; c. Sites where shoreline improvements are in place; d. Sites where damage to viable, naturally functioning wetlands, or other enviror'.mentally sensitive features, could be minimized. Port of the Islands is a unique development, which is located within the Urban Designated Area, but is also totally within the Big Cypress Area of Cdtical State Concern. However, a portion of the development was determined "vested" by the State of Florida, thus exempting it from the requirements of Chapter 380, Flodda Statutes. Further, there is an existing Development Agreement between Port of the Islands, Inc. and the State of Florida Department of Community Affairs dated July 2, 1985, which regulates land uses at Port of the Islands. Port of the Islands is eligible for all provisions of the Urban - Mixed Use District in which it is located to the extent that the overall residential density and commercial intensity does not exceed that permitted under zoning at time of adoption of this Plan. 1. Urban Residential Subdistrict The purpose of this Subdistrict is to provide for higher densities in an area with fewer natural resource constraints and where existing and planned public facilities are concentrated. This Subdistdct comprises approximately 93,000 acres and 80% of the Urban Mixed Use District. Maximum eligible residential density shall be determined through the Density Rating System but shall not exceed 16 dwelling units per acre except in accordance with the Transfer of Development Rights Section of the Land Development Code. 2. Urban Coastal Fringe Subdistrict The purpose of this Subdistrict is to provide transitional densities between the Conservation Designated Area and the Urban Designated Area. It includes that area south of US 41 between the City of Naples and Collier-Seminole State Park, including Marco Island and comprises approximately 18,000 acres and 15% of the Urban Mixed Use District. In order to facilitate hurricane evacuation and to protect the adjacent environmentally sensitive Conservation Designated Area, residential densities shall be limited to a maximum of 4 dwelling units per acre, except as allowed in the Density Rating System to exceed 4 units per acre through provision of Affordable Housing and Transfer of Development Rights, and except as provided in the Bayshore/Gateway Triangle Redevelopment Overlay. Rezones are recommended to be in the form of a Planned Unit Development. The Marco Island Master Plan shall provide for density, intensity, siting criteria and specific standards for land use districts on Marco Island. Plan Amendment CP.2000-1 adopted by Ordinance No. 2000-87 on December i2, 2~00:J '" ' ' E- (Iv) 3. Urban Residential Fringe Subdistrict The purpose of this Subdistrict is to provide transitional densities between the Urban Designated Area an8 the Agricultural/Rural Area and comprises approximately 5,500 acres and 5% of the Urban Mixed Use District. Residential land uses may be allowed at a maximum density of 1.5 units per gross acre, subject to the following conditions: and are not subject to the Density Rating System: a. All rezones are encouraged to be in the form of a Planned Unit Development; and b. Proposed development in the area shall be fully responsible for all necessary water management improvements, including the routing of all on-site and appropriate off-site water through the project's water management system, and a fair share cost of necessary improvements to the CR 951 canal/out-fall system made necessary by new development in the area. I,'". .....~._~ ....... . , Exhibit 5 Page 3 of 3 ' I. mo 0) A. the asphalt plant: is compatible with surroupding rand uses; is not located in a County, State or Federal jurisdictional wetland area and any required buffer zones; is not located within 1.000 feet of a Florida State Park; is not located within the Area of Cdt/cai State Concern as depicted on the Future Land Use Map; and, is not located within 1,000 feet of a natural reservation Commercial uses accessory to other permitted uses, such as restaurant accessory to golf course or retail sales of produce accessory to farming, so long as restrictions or limitations are imposed to insure the commercial use functions as an accessory, subordinate use. Such restrictions or limitations could include limiting the size and/or location of the commercial use and/or limiting access to the commercial use; Commercial uses, within the Rural Commercial Subdistrict, based upon criteria; Industrial uses within the Rural - Industrial District; Travel trailer recreational vehicle parks, provided the following criteria are met: 1. The density is consistent with the Land Development Code; 2. The site has direct principal access to a road classified as an arterial in the Traffic Circulation Element, direct principal access defined as a driveway and/or roadway connection to the arterial road, with no access points from intervening properties; and, 3. The use will be compatible with surrounding land uses. Aqricultural/Rural - Mixed Use District The purpose of this District is to protect and encourage agricultural activities, conserve and preserve environmentally sensitive areas, provide for low density residential development, and other uses identified under the Agricultural/Rural Designation..These areas generally lack public facilities and services. Urbanization is not promoted, therefore most allowable land uses are of low intensity in an effort to maintain and promote the rural character of these lands. Residential uses are allowed as follows, s~.ject to the Interim Development Provisions: a. Low density residential dwelling units, at a maximum density of one dwelIing unit per five gross acres, except for legal non-conforming lots of record., b. Dormitories, duplexes and other staff housing, as may be provided in conjunction with conservation uses, at a density in accordance with the Land Development Code; c. Group housing uses at a density in accordance with that permitted in the Land Development Code; d. Staff housinG in conjunction with safety service facilities and essential services, at a density in accordance with the Land Development Code; e. Farm labor housing in accordance with the Farm Labor Housing provision in the Land Development Code; f. Recreation camps as defined in, and at the density allowed by, the Land Development Code. g. Existing units approved for the Fiddler's Creek DRI may be reallocated to those parts of Sections 18 and 19, Township 51 South, Range 27 East added to Fiddler's Creek DRI together with part of Section 29, Township 51 South, Range 27 East, at a density greater than I unit per 5 gross acres provided that no new units are added to the 6,000 previously approved units, which results in a gross density of 1.6 units per acre for the Fiddler's Creek DRI; and further provided that no residential units shall be located on that part of Section 29 within the Fiddler's Creek DRI; and further provided that South Florida Water Management District jurisdictional wetlands impacted by the DRI in said Sections do not exceed 10 acres. (I) 1. Rural Commercial Subdistrict Within the Agricultural/Rural - Mixed Use District, commercial development, up to a maximum of 200 acres, may be allowed providing the following standards for intensity of use are met and subject to the Interim Development Provisions: a. The project, or that portion of a larger project, which is devoted to commerbiaL__~?'__~ ,-L / ! THE PARKLANDS P.U.D. W[LD',NOOD P U.D, ~~=EEXISTING 24' W.M.- EXISTING 12' F.M. The Flow Way CCD Line ~DENOTES CDD LINE - EXHIBIT 6 829.74 Ac.+ OPOSED W.M. =ROPO$£O F.M. 0 ~J ~0 ~ f~- 0 r~- I~- 0 ~ ~ 0 ~ 0 ~) O~ 0 EXHIBIT 8 POTENTIAL EASE'~EHT ~ MIRASOL UPLAND PRESERVE 100.8 ACRES FLOW-WAY UPLAND WETLAND PRESERVE 746.2 ACRES FLOW-WAY V~TLAND O m . COCONA TCHEE CANAL IMMOKALEE ROAD FLOW-WAY CONVEYANCE 36.5 ACRES W1THIN MIRASOL 25.6 ACRES W1THIN TERAFINA 29.5 ACRES WlTHIN OLDE CYPRESS MB%~SOr. ~ FLOF-~ ~D PRESERVE BOUNDAPJE.~ EXHTBIT 8A Prepared by and return to: Kenneth W. Dodge LEWIS, LONGMAN & WALKER. P.A. 1700 Palm Beach Lakes Blvd. #I000 West Palm Beach, FL 33401 DRAENAGE, INGRESS/EGRESS AND ~ENANCE EASEMENT THIS EASEMENT, granted this ~ day of ., 2001, by and between Robert Vocisano, as Co-Trustee under Land Trust Agreement dated May 24, 1995, and OLDE CYPRESS DEVELOPMENT, LTD., hereinafter collectively called "Grantors" and J.D. Nicewonder, hereinafter called "Grantee" and his successors and assigns. WHEREAS, Grantors Vocisano is Co-Trustee of certain property known as TERAFINN a portion of which is described in Exhibit "A" attached and incorporated herein, with full powers to protect, conserve, sell, encumber or otherwise dispose of same; and to which certain property was issued District ERP Permit # .. WHEREAS, Grantor Olde Cypress is the owner of certain property known as OLDE CYPRESS, a portion of which is described in Exhibit "B" attached and incorporated herein, with full powers to protect, conserve, sell, encumber or otherwise dispose of same; and to which certain property was issued Permit # WHEREAS, Grantee Nicewonder is the ov,-ner of certain property known as MIRASOL which deskes to construct a flow way for the drainage of surface water to the Cocohatchee Canal: and to ~vhich certain property was issued District ERP Permit # WITNESSETH That for and in consideration of the sum often dollars ($10.00) and other good and valuable consideration, receipt of which is hereby acknowledged, the Grantors hereby grant to Grantee and its successors and assigns, a Drainage Ingress and Egress and Maintenance Easement ("Easement") over thek respective properties described in the attached Exhibits A & B for the purpose &the drainage of surface waters, together with an easement for ingress and egress to enter upon the above described lands and to construct, operate and maintain these lands in accordance with this Drainage, Ingress/Egress and Maintenance Easement and Permit # and Permit # and Permit # . in perpetuity. This Easement granted herein is subject to the following terms and limitations: In the event an entity is created to operate and maintain the above referenced lands in Exhibits A and B in accordance with this Easement, and Permit # and Permit # and Permit # , Grantee shall assign this Easement to said entity together with all rights of access, maintenance and construction contained herein. Failure to do so may result in violation of the above referenced ERP permits. Should Grantee be required to access lands immediately adjacent to the Easement area in the course of constructing, operating or maintaining said Easement, Grantors shall not unreasonably withhold the granting of temporary construction Easements to accomplish same. IN WITNESS WHEREOF, the Grantors have executed this instrument or caused the same to be executed by their representatives, there unto duly authorized on the day and year first above written. OLDE CYPRESS DEVELOPMENT, LTD. Witnesses: By: STATE OF FLORIDA COUNTY OF BEFORE ME, the undersigned authority, duly authorized to take oaths, appeared , who is personally known to me or who has produced as identification and has signed the foregoing instrument. SWOP, aN TO AND SUBSCRIBED BEFORE ME this ~ day of j 2001. My commission expires: NOTARY PUBLIC/STATE OF FLORIDA 2 Witnesses: ROBERT VOCISANO Co-Trustee under Land Trust Agreement dated May 24, 1995 of TeraFina Development STATE OF FLORIDA COUNTY OF BEFORE ME, the undersigned authority, duly authorized to take oaths, appeared ., who is personally known to me or who has produced as identification and has signed the foregoing instrumenl'. SWORN TO AND SUBSCRIBED BEFORE ME this ~ day of , 2001. My commission expires: NOTARY PUBLIC/STATE OF FLORIDA 15Client Docu m~nt~kMiraml~4247',MisckEa.~me nt-doc Exhibit 9 STATEMENT OF EST.IMATED REGULATORY COSTS Page 1 of 5 1.0 Introduction 1.1 Purpose and Scope This Statement of Estimated Regulatory Costs ("SERC") supports the petition to form the Flow Way Community Development District ("District"). The proposed District comprises approximately 950 acres of land located in Collier County, Florida. The limitations on the scope of. this SERC are explicitly set out in Section 190.002(2)(d), F.S. (governing District formation or alteration) as follows: 'q-hat the process of establishing such a district pursuant to uniform general law shall be fair and based onl on factors material to maria in and financin the service delivery function of the district, so that an matter concernin ermittin or lannin of the develo merit is not material or relevant (emphasis added.)" 1.2 Overview of the Flow Way Community Development District The District is designed to provide community infrastructure, services, and facilities along with their operations and maintenan~}e, to the proposed Mirasol development. Flow Way Community Development District will be an upscale, fully amenitized, residential golf course community. The proposed development plan for the lands within the District include the construction of up to single family residential dwelling units, recreational areas, 36 holes of golf, a golf clubhouse, a and fitness facility, a tennis facility, and a network of trails and parks, is authorized for portions of the development to be included within the District. 1.3 Requirements for Statement of Estimated Regulatory Costs Section 120.541(2), F.S. (1997), defines the elements a statement of estimated regulatory costs must contain: "(a) A good faith estimate of the number of individuals and entities likely to be required to comply with the rule, together with a general description of the types of individuals likely to be affected by the rule. (b) A good faith estimate of the cost to the agency, and to any other state and local government entities, of implementing and enforcing the proposed rule, and any anticipated effect on state and local revenues. (c) A good faith estimate of the transactional costs likely to be incurred by individuals and entities, including local governmental entities, required to comply with the requirements of the rule. As used in this paragraph, "transactional costs" are direct costs that are readily ascertainable based upon standard business practices, and include filing fees, the cost of obtaining a license, the ce~ ot incurred, and the cost of monitoring and rep~)'r~i~'g:i-~/~''~ ...... .. equipment required to be installed or used or procedures required to be employed in complyin~ the rule, additional operating costs EXhibit 9 Page 2 of 5 (d) An analysis of the impact on small businesses as defined by Section 288.703, F.S., and am analysis of the impact on small counties and small cities as defined by Section 120.52, F.S. Collier County is not defined as a small county for purposes of this requirement. (e) Any additional information that the agency determines may be useful. (f) In the statement or revised statement, whichever applies, a description of any good faith written proposal submitted under paragraph (1) (a) and either a statement adopting the alternative or a statement of the reasons for rejecting the alternative in favor of the proposed rule. 2.0 A good faith estimate of the number of individuals and entities likely to be required to comply with the ordinance~ together with a general description of the types of individuals likely to be affected by the ordinance. As noted above, Flow Way Community Development District is a residential community designed for up to 799 total residential units. Formation of the proposed District would put all of these households under the jurisdiction of the proposed District. 3.0 Good Faith estimate of the cost to state and local government entities, of implementing and enforcing the proposed ordinance~ and any anticipated effect on state and local revenues. 3.1 Costs to Governmental Agencies of Implementing and Enforcing Ordinance State Governmental Entities There will be only modest costs to various State governmental entities to implement and enforce the proposed formation of the District. The District has fewer than 1,000 acres, so Collier County is the establishing entity under 190.005 (2). F.S. The modest costs to various State entities to implemenl and enforce the proposed ordinance relate strictly to the receipt and processing of various repo~ that the proposed District is required to file with the State and its various entities. Appendix A list~ the reporting requirements. The costs to those State agencies that will receive and process thc District's reports are very small, because the District is only one of many governmental units that arc required to submit the various reports. Therefore, the marginal cost of processing one additional sel of report is inconsequential. Additionally, pursuant to section 189.412, F.S., the proposed distric~ must pay an annual fee to the State of Florida Department of Community Affairs, which offsets sud costs. Collier County Since the proposed District !.~ in Collier County and consists of less than 1,000 acres, Collier Counb. and its staff will process, analyze and vote upon the petition to establish the District. These activitie~ will absorb some resources. Furthermore, even these costs to the County are modest for a number of reasons. First, review of thc petition to establish the District does not include analysis of the project itse!f~..Second, the petitio~ itself provides much of the information needed for a staff review. Third, local, govern~_~_~s....._ .... routin~el' Exhibit 9 Page 3 of 5 process similar petitions for land uses and zoning changes that are far more complex than is the petition to establish a community development district. 3.2 Impact on State and Local Revenues Adoption of the proposed ordinance will have no negative impact on State or local revenues. The District is an independent unit of local government. It is designed to provide community facilities and services to serve the Mirasol development project, it has its own sources of revenue. No State or local subsidies are required or expected. In this regard it is important to note than any debt obligations incurred by the District to construct its infrastructure, or for any other reason, are not debts of the State of Florida or any unit of local government, in accordance with State law, debts of the District are strictly its own responsibility. 4.0 A good faith estimate of the transactional costs likely to be incurred by individuals and entities required to comply with the requirements of the ordinance. Table 1 provides an outline of the various facilities and services the proposed District may provide. The drainage facilities will ail be funded, operated and owned by the District. The District will also fund the construction of the water and sewer distribution system. However, the County will own and operate the water and sewer system serving the District. Table 1. Flow Way Community Development District Proposed Facilities and Services FACILITY FUNDED BY O & M BY OWNERSHIP Drainage CDD CDD CDD Water/Sewer CDD County Counb/ Roadways/Street Lighting CDD CDD CDD Recreation CDD CDD CDD Mitigation CDD CDD CDD Landscaping CDD CDD CDD The petitioner has estimate~! the design and development costs for providing the capital facilities outlined in Table 2. The cost estimates are shown in Table 2 below. Total design and development costs for these facilities are estimated to be approximately $55,694,575. The District may issue special assessment or other revenue bonds to fund the development of these facilities. These bonds would be repaid through non ad valorem assessments levied on all properties in the District that may benefit from the District's capital improvement program as outlined in Table 2. Prospective future landowners in the District may be required to pay non-ad valorem assessment levied by the District to secure the debt incurred through bond issuance, in additional to the levy o non ad valorem assessments for debt service, the District may also impose a non ad valoren assessment to fund the operations maintenance of the District and its facilities and services. Furthermore, locating in the District by new residents is completely voluntary. So, ultimat~ ~ owners and users of the affected property choose to accept the non-ad V~lbrem ,assessments a tradeoff for the numerous benefits and facilities that the District provides. ~ ~'~" -~'?~-~ .... ,. ...... ;: ,/',:'i ,~ Exhibit 9 Page 4 of 5 A Community Development District ("CDD") provides residents with the option of having higher levels of facilities and services financed through self-imposed charges. The District is an alternative means to finance necessary community services. District financing is no more expensive, and often less expensive, than the alternatives of a municipal service taxing unit (MSTU), a neighborhood association, County provision, or through developer equity and/or bank loans. In considering these costs it shall be noted that occupants of the lands to be included within the · District will receive three major classes of benefits. First, those residents and businesses in the District will receive a higher level of public services and amenities sooner than would otherwise be the case. Second, a CDD is a mechanism for assuring that the community services and amenities will be completed concurrently with development of lands within the District. This satisfies the revised growth management legislation, and it assures that growth pays for itself without undue burden on other consumers. Establishment of the District will ensure that these landowners pay for the provision of facilities, services and improvements to these lands. Third, A CDD is the sole form of governance which allows District landowners, through landowner voting and ultimately electoral voting for resident elected boards, to determine the type, quality and expense of District services they receive, provided they meet the County's overall requirements. The cost impact on the ultimate landowners in the District is not the total cost for the District to provide infrastructure services and facilities, instead, it is the incremental costs above what the landowners would have paicI to install infrastructure via an alternative financing mechanism. Given the low cost of capital for a CDD, the cost impact to landowners is negligible. This incremental cost of the high quality infrastructure provided by the District is likely to be fairly Iow. Table 2. Cost Estimate for District Facilities CATEGORY Roadways Land Clearing Utilities Infrastructure Mitigation & Acquisition Water Management System Landscape Engineering Permitting Contingency TOTAL COST $ 1,547,825 $ 10,887,143 $ 7,524,168 $ 7,000,000 $ 13,427,892 $ 5,663,890 $ 5,568,689 $ 844,441 $ 3,105,409 $ 55,694,575 Table 3. Probable Cost Estimate and Estimated Timetable. · Attached is Table 3, which is an estimate of probable costs and timetable of improyements:~ Exhibit 9 Page 5 of 5 5.0 An analysis of the impact on small businesses as defined by Section 288.703, F.S., and an analysis of the impact on small counties and small cities as defined by Sectior 120.52~ F.S. There will be no impact on small business because of the formation of the proposed District. ! anything, the impact may be positive. This is because the District must competitively bid all of it~ contracts. This affords small businesses the opportunity to bid on District work. Collier County has an estimated population (not incarcerated) in :[998 that is greater than 75,000 Therefore the County is not defined as a "small" county according to Section 120.52, F.S. 6.0 Any additional useful information. The analysis provided above is based on a straightforward apPlii:ation of economic theory, especially as it relates to tracking the incidence of regulatory costs and benefits. Inputs were received from thl Developer's Engineer and other professionals associated with the Developer. Prepared by: EXHIBIT lO 1, Robert G. Claussen, Managing Member of Mirasol Development L.L.C., hereby authorizes the following individuals as authorized agents in matters involving Mirasol Development LL.C., md/or Flow Way Community Development District, and/or IMCOLLIER Joint Venture, with any Governmental Agency, including but not limited to Collier County Board of County Commissioners. Dr. Henry Fishkind Fishkind & Associates, Inc. 11869 High Tech Avenue Orlando, FL 32817 and Ms. Neale Montgomery, Esq. Pavese, Haverfield, Dalton, Harrison, Jensen, LLP. 1833 Hendry Street:, Ft. Myers, FL 33902 Executed this day, September 1, 2001 IMCOLLIER JOINT VENTURE, A Florida General Partnership, By: Mirasol Development, LLC A Florida Limited Liability Company, Managing Venturer Robert G. Claussen, Managing Member STATE OF FLORIDA COUNTY OF COLLIER The foregoing instnm~ent was acknowledged before me this 1 day of September, 2001, by Robert G. Claussen, Managing Member Mirasol Development LLC, on behalf of IMCOLLIER Joint Venture and/or Mira.sol Development LLC. He o me. ///- , MEMORANDUM DATE: TO: FROM: SUBJECT: February 4, 2002 Thomas W. Olliff, County Manager James D. Carter, Ph.D. Commissioner, District 2 Red-light Running The problem of red-light nmning in Collier County has been brought to my attention over and over again by concerned citizens. While I recognize that this seems to be a national pastime, I am looking for a way to deter this behavior in our county. It has been suggested that we pass a local law or ordinance where we can put a maximum fine of $500 for violators. I would suspect that a few people caught running red lights, and fined $500 in each instance, would quickly communicate how serious we are about this in Collier County. I would like to bring this to the Board of County Commissioners for discussion and find out what it takes to change the ordinance to increase the fine. ommissioner District 2 JDC/tlm cc: Sheriff Don Hunter David C. Weigel, County Attorney r'D ~ 2322 / EXECUTIVE SUMMARY RECONSIDERATION OF :2002 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND PRUTOS PUBLIC RELATIONS, INC. OBJECTIVE: To obtain Board direction regarding the disposition of the Prutos agreement xvith the County. CONSIDERATIONS: On January 8, 2002, the Board of County Commissioners directed staff to bring back the 2002 Tourism Agreement with Prutos Public Relations, Inc. for reconsideration. The Agreement xvas approved by the Board on December 12, 2001 for the period December 1, 2001 through September 30, 2002. The BOard requested a breakdown of expenses/costs represented by the $12,000.00 monthly retainer provision of the Prutos Agreement. Further, the Board questioned whether on not anyone on staff was qualified to perform the tourism coordination functions performed by Ms. Kathy Prutos. Provided as attachments are the Agreement, Prutos' email providing the monthly breakdown of costs, and Prutos' listing of tasks performed. In reconsidering the Prutos Agreement, the Board may wish to consider recent recommendations by the Tourist Development Council (TDC) and the Tourism Alliance of Collier County (TACC) in this regard. Also, the Board may consider the outcome of the Naples Visitors Bureau "visionary" workshops planned through March 2002, which may develop recommendations in determining the future direction and structure regarding tourism in Collier County. TDC Recommendation. On January 14, 2002, the TDC recommended that the Board of County Commissioners establish a professional staff position to provide staff support to the TDC while performing the coordination of tourism advertising/promotion/marketing programs. The coordination functions for tourism are currently perfom'ted by Prutos. The TDC recommended continuing with the Prutos Agreement until the staffprofessional was recruited and ready to assume those functions. TACC Recommendation. On February 5, 2002, the Board of Directors of the TACC adopted a resolution related to the Board of County Commissioners' reconsideration of the Prutos Agreement. The resolution reads as follows: "The Tourism Alliance of Collier County recommends to the Board of County Commissioners that they defer action on reconsidering the contract for Prutos Public Relations or the Tourist Development Council recommendation for hiring tourism staffuntil such time as the public/private cooperative visioning process is complete." Charlotte County Visit. On February 5, 2002, Community Development Director Bleu Wallace met with the Tourism Director of Charlotte County uper~tl~m~, IT[M ^ to di .us_ s the FEB 2 5 2002 P~.~ - feasibility of the establishment of a similar staff element in Collier County to (1) administer Tourist Tax funds, (2) establish and coordinate a tourism marketing strategy, and (3) implementation and coordination of the marketing/advertising efforts. In Charlotte County, the Tourism Director has one Marketing Manager and one Administrative Assistant to administer their tourism advertisement/marketing, destination management programs, and staff support to their TDC. Charlotte, like Collier, has tourism agreements in place with three vendors for advertising/marketing, fulfillment, and statistical analysis. The Director and Marketing Manager perform the coordination efforts among the three vendors. Staff Input. Currently, no one on staff has the professional qualifications and/or experience to assume the coordination functions performed by Kathy Prutos. Should the Board wish to establish a staff element to perform the tourism advertising and marketing plan coordination, staff recommends that the duties and functions be broadened to include, in addition to the advertising/marketing coordination, the administration of TDC grants, budgeting of tourist tax funds, and the provision of staff support to the TDC and the Board of County Commissioners. Under this scenario, staff would recommend leaving the Prutos Agreement in place until a stafftourism professional is recruited; the timeframe for recruitment and budget development is estimated at 2~4 months. In any case, Community Development Operations will continue to administer the TDC grant applications and vendor contracts, budgeting of tourist tax funds, and provide staff support to the TDC and the Board, as appropriate. FISCAL IMPACT: The Prutos Agreement is funded by TDC Fund 194; funding of the 10-month agreement for the period December 1, 2001 through September 30, 2002 totals $120,000. Monthly retainer of $12,000 per month has been paid for December 2001 and January 2002, leaving S96,000 to be paid for the balance of FY02. RECOMMENDATION: For the Board to provide direction to staff regarding the disposition of the 2002 Tourism Agreement with Prutos Public Relations, Inc. Prepared by: ~~~~ Date:~' ''/'-'/* ' ~Dff--- ~ ~.. "~ffI_~;~/~'~LACE Director, CDES Operations Approved by: JOSEPH K.~2HiVIITT [ ~dministrator, Community Development & Environmental Set ,,ices t,G['-tqO-A ~1'~ L./L~ivision ~o. I0 P~ FEB 2 6 2002 pg. 2 AGREEMENT THIS AGREEMENT, made and entered into on this llth day of Dcx:ember 2001, by and between Prutos Public Relations, Inc., hereinafter called the "Contractor" and Collier County, a political subdivision of the State of Florida, Collier County, Naples, hereinafter called the "County": WITN ES S ETIt: 1. COMMENCEMENT. The Contractor shall commence the work Dt_x:e~nber 1, 2001. The contract shall be for a ten (10) month period, commencing on Dcxzember l, 2001 and terminating on September 30, 2002. STATEMENT OF WORK. 'llm contractor shall provide the following services. a) Coordinate and communicate tourism efforts on behalf of the Tourism Alliance of Collier County. Direct meeting .~heduling anti staffing of the Tourism Alliance Committee meetings and Tourism Alliance Board of Director meetings, includh~g Tourism Alliance agendas and meeting minutes. c) ~rve as ex-officio member of all committees of the Tourism Alliance, assisting preparation and distribution of committee reports. d) Fully coordinate completion of ali grant applicaticms submitted to Collier County seeking tourist tax funds, coordinate and review ~dI invoicing prtx:edures with county staff and act as liaison on behalf of hotel industry in Tourist Tax Grant funding. e) Develop and implement ,'mnuaI promotional budget in conjunction with Marketing Committee objectives and the Tourism Alliance Board. ~ f) Supervise vendors to include Public Relations, Advertising, Fulfillment, Marketing Research, and lnternet. This includes contract negotiations and performance of vendors. g) h) i) Review all invoices submitted by' vendors prior to submittal to staff. Insure alt insurances required by the County contract are pro¥ided. Develop and implement strategies and action plans, which fulfill objcx:tivc~.' of the Tourism Alliance. Contractor will report to AdminLstrator, Conummity FEB 2 6 2002 J) k) 1) m) n) o) P) q) Development and Environmental Services Division, or his designee, and submit monttfly reports of activity to .~'~me. Act as lhe "tourism voice" for the Tourism Alliance. Research complex tourism issues, develop reliable sources of information and prepare clear and concise portion papers. Monitor legislation and maintain relations with other tourism organizations within Florida, including Visit Florida ,'md fl~e Iqorida Association of Convention & Visitors Bureaus. Create a decision-making and implementation process that is simple, streamlined and resulks oriented. Enlist tim support of the appropriate organization or association for tourism ;,--;'~'-*: .... mad ........ '- .......... eo ,,:sc,,,_,t opportmrities for the tourism industry to show ils support for their initiatives when a common interest is shared. Attend ail TDC meetings and attend County Conmfission meetings, as required. When directed, ira;ute repre.~ntation by the Tourism Alliance at domestic and international trade shows anti press evenLs. Coordinate emergency disaster recovery advertising pro.s,n-am. l'~rutos Public Reiatioxz% Inc. will report to the Admi:dstrator of It~e Community l)evelopment and Environmental Servict_~ I)ivision or his or her Designee and submit monthly reports of activities undertaken. TIlE CONTRACT SUNI. The County shall pay the Contractor for the performance of Otis Agreement as per the following. The fcc to be paid to Prutos Public Relations, Inc. shall be $12(1,000 over a 10-month period, payable in ~mi-monthly increments totaling $12,000 per month_ Expenses will be billed monody and include postage, office rent, furniture/equipment lease, office supplies, postage, entertaimnent, professional fees, telephone services, copying, facsimile transmission, and other out-of-pocket expenses but will be included in the fee. Invoices for ali fees will be furnished to the County in a timdy manner. Staffing of the management office is the sole responsibility of Pintos Public Relafiom% Inc. The County will rehnburse per diem rind travel expenses in accordance with Section 112.061, Florida Stah:tes, entitled Pcr Diem and Trowel E:q;enscs of Public Officers, Employccs and Authorized Pcrsons, as amended. NOTICES. Ail notices from the County to the Contractor shall be deemed duly served if mailed by regqstered or certified m,-fil to the Contractor at the following Address: FEB 2 6 2002 Pg. Prutos Public Relations, Inc. 5395 Park Central Court Naples, Florida 3-t109 Ali Notices from the Contractor to the County shall be deemed duly served if mailed by registered or certifiect mail to the County to: Admirdstrator, Conununity Development & Environmental Services Division 28(X) North Horseshoe Drive Naples, Florida 34104 The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Service Agreement must be in writing. NO PARTNERSHIP. Nothing herein contained shall create or be comstrued as creating a partnership between the County ,'md the Contractor or to constitute the Contractor as an agent of the County. I'ER/~IITS: LICENSES: TAXES. In compliance with Section 9 -18.80, F.S., ail permiLs ne~es~ for the prosecution of the Work sh~l be obtained by the Con,actor_ Payment for ail such permits issued by the Count), shall [~ pr~essed internally by the County. Ail non-Coun~ permits necessary for tim prosecution of the Work shall be pr~ured anti paid for by the Con.actor. The Contrador ~hnll nlc~ k,, payment of any and all taxes levied on the Con,actor. In addition, the Contractor shall comply with ali roles, regulatio~ and laws of Cotlier County, the State of Florida, or the U. S. Government now in force or hereaher adopted. The Con,actor agrees to comply with ail hnvs governing the responsibility of an employer ~vith respt~t persons employed by the Contractor. NO IMPROPER USE. The Contractor will not use, nor suffer or permit an)' person to use in any manner whaLscx~ver, county facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordi~hnnce, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the contract of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the .satisfaction of the County witkin twenty-four (24) hours atter receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspmrsion period until the violation has been corrected to the sath~;faction of the County. FEB 2 200 OVVNERSItlP OF DOCUMENTS PRODUCED: County shall be the owner of all documents produced pursuant to this agreement and Contractor shall not receive any additional compensation for their use or reproduction by Collier County. 10. TERI'vlINATION. Should the contractor be found to have failed to perform its services in a m,'mner satisfactory to the County as per ttds Agreement, the County may terminate ~-tid abn-eement immediately for cause; further the County may terminate ttfis Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non-performance. NO DISCRIMINATION. The Contractor agrees that fl~ere shall be no dL~rimination as to race, sex, color, creed or national origin. 11. INSURANCE. The Contractor shall provide insurance as follows: Ao Coinmercial General Liability: Coverage shall have minimum linfits of $300,000 Per Occurrence, Combined Single Liinit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent contractors; Products and Completed Operations a_qd Contractual Liabi!ity. Business Auto Liability: Coverage shall have minimum lindts of $500,000 Per Occurrence, Combined Single Limit for Bodily Injury l.iability and Property Damage Liability. This shall include: Owned Vehicles, }tired and Non-Owned Vehicles and Employee Non-C~vnership. C. Workers' Compensation: [~u;urance covering all employees meeting Statuto0' Lin'fiLs in compliance with the applicable state and federal laws. -l'he coverage must inclnde Employers' Liability with a minimum limit of $300,(X)0 for each accident. Sptx:ial Requirements: Collier County shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. Current, valid insurance policies meeting the requirement hereh~ identified shMl be maintained by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the County 30 days prior to ,any expiration date. There shall be a 30 day notification to the County in the event of cancellation or modification of any stipulated insur,'mce coverage. Contractor shall insure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. FEB 2 6 2002 12. 13. 14. 15. 16. 17. 18. INDEMNIFICATION. The Contractor/Vendor, in consideration of One Hundred Dollars ($100.00), file receipt and sufficiency of which is accepted through the signing of this document, shall hold harmless and defend Collier County and ils agents and employees from ail suits and actions, including attorneys' fees and all costs of litigation and judgments of any name and description arising out of or incidental to the performance of this contract or work performed thereunder. This provision shall also pertain to any claims brought against the County by any employee of the named Contractor/Vendor, any Subcontractor, or anyone directly or indirectly employed by any of them. The Contractor/Vendor's obligation under this provision shall not be limited in ,'my way by the agreed upon contract price as shown in this Contract or the Contractor/Vendor's limit of, or lack of, sufficient insurance protection. The first One Hundred dollars ($100.00) of money received on the contract price is considered ,as payment of this obligation by the County. This $('tCti C) B does not pertain to any incident arising from tile sole ne ,Ii · ~ - ~ ...... ~, g gence of Collier CONTRACr ADMINISTRATION. This Agreement shall be administered on bchalt- of the County by the Housing and Urban Improvement Department. COMPONENT PARTS OF TillS CONTRACT. This Contract consists of the attachecl component parts, all of which are as fuIty a part of the contract as if herein set out verbatim: Insurance Certificate. SUBJECT TO AI'PROI'I;UATION. It is further understood ami a~r,.mt h3 ..... ~ t.,.~ ........ tile parties herein that this agreement is subject to approt_~riation by the Board of County Commissioners. COOPERATION: I>rutos Public Relalions, Inc. shatl fully cooperate with the Count), in all matters pertaining to this agreement anti provide ail information and documents as requested by tile County from time lo time. Failure to cc~)perate, as interpreted by the County shall constitute bwounds for the County to impose sanctions that do not result in termination of this agreemm~t. AVAILABILITY OF RECORDS: Prutos Public Relations, Inc. shall maintain all records, books, docmnents, papers and financial information pertaining to work performed under this Agreement. Contractor agrees that the County, or any of its duly authorized repr~entatives, shalI, until the expiration of three (3) years after final payment under this Agreement, have access to, and the right to examine and photocopy any pertinent books, documents, papers, and records of Prutos Public Relations, Inc. involving transactions related to Otis Agreement. PROHIBITION OF ASSIGNMENT: Prutos Public Relations, Inc. shall not ,assign, convey, or transfer in whole or in part its interest in this Agreement without the prior written consent of the County. FEB 2 2002 Pg. r/ 19. The County shall be the owner of and in possession of the originals of all intellectual property created or furnished pursuant to this agreement, including, but not limited to drnwings, paintings, photography, film, video, and printed documents, unless specifically exempted by the County. IN WITNESS WItEREOF, tile Contractor and the County, have each, respectively, by an authorized person or agent, heretmder ~t their Nands and seals on the date and year first above written. .... ~' "'" BOARD OF COUNTY COMMISSIONERS .&,"..:..' 2'...T ..,... A'ITE._gr:. : -.:: ,-._..,--.. :--_ COLLIER COUNTY, FLORIDA tO C~air"~a~i'~ j m~es~9/.- t_arter I'll 1), Chmm~an o,, - First l,'~ri tness Prutos Public Rotations, Inc. Signature Type/print wimcss name Second l, Vitncss Typed signature and title Ty pc/prin t wi tncss name CORPORATF~ SEAL (corporations only) Approved as to form and legal sufficiency: J ~qu~tine H ~%-'~k'obinson Assistant County Attorney FEB 2 6 2002 Fage I ol a, wallace d From: dunnuck_j Sent: Monday, January 07, 2002 11:25 AM To: wallace d Cc: SchmittJoseph Subject: FW: Breakdown of Allocated Costs Hi Bleu, You may wish to brief Joe on this issue. personnel issue. Thanks, JD Also, will you give me a call ext. 8468 to discuss a ..... Original Ides.sage ..... From: Kathy Prutos [mailto:kprutos@earthlink.net] Sent: Sunday, January 06, 2002 9:18 PM To: dunnuck_j Cc; 3ohnny 3ohnston; Sandi Riedemann; wallace_d; United Arts Council (Joy); Kevin Durkin (E-mail); Summer Subject: Re: Breakdown of Allocated Costs Iii John A rcccptionist and linn administrator providc support scrviccs, most impodantly, back-up to cover including copies; fitxcs; bank deposits; mail; tally RSVPs to board and committee meetings; scheduling; bookkeeping; typing; filing; transcriptiou; proofrcading; spread sheets; office administration (supplies, computcr upkccp and repair, ovcrscc office mainlcnmmc and cleaning). Thc office is open 8:30 a~n until 6 pm Monday-through Friday. l'ost:,gc covers Federal Express and Airboumc ovcnfight deliveries; fultillmcnt to rcquests - vidcos, brochures; media rcqucsls (press kits, CD-ROMS, B-roll footage); billing; requests for intbmmtion (research studios, market studies, leads, speeches, reports, meeting planners); general correspondence. Thc tclcphonc allocation ($600) covers five telephone lines: four local lincs (262-3666 ~vhich rolls over to thc fid filhncnt - this mm~bcr xvas used in FY00 and FY01 advertisements - plan to phase it out this year xvhcn snpply of existing collateral materials are exhausted; 597-8001 is the main office number; 597-5051 is thc reliever line, that is, when someone is speaking on thc main line, the incoming call rolls over to another linc; 597-4595 is a fax line as well ~ a dial-up connection xvith the interact to administer the account via email. These four lines include call forwarding and call waiting features. We usc AT&T and Sprint for long-distance service. In addition, approximately 50% or,ny cell phone (572-3783) or $100 per month is charged to the Tourism Alliance. The Alliance office rcceivcs from 20-50 phone inconfing calls per day. We sock to catch ali incoming calls with a live voice, but multiple calls at thc same time as well as responding to questions that rcquire call-backs add to thc overall total time and out of pocket expenditures. 1 / 16/2002 A C.~T~ A ITF.~ FEB 2 6 2002 Page 2 of 4 I'll be meeting with Blue Monday morning and thcn have 11 am, 12 pm mid 4 pin appointmcnts -- Itt me know if you need additional information - xvt're happy to assist you. Kathy Prutos --- Original Message From: dunnuck_j To: 'Ka~thy Pharos' Cc: wallace d Sent: Fdda~ January 04, 2002 8:44 AM Subject: RE: Breakdown of AJIocated Costs Hi Kathy, I need a few more answers. How many support staff, how many hours do they work in a week, and what do their duties entail? What comes out of your postage expenses and why is the phone bill so expensive? I hate to be a pain, but in order to make a comparison, I need to know what represents these numbers. Thanks, JD ..... Original Flessage ..... From: Kathy Prutos [mai!to_:kpru_tos@ea_rLt_hlin_k~_n_e_t] Sent: Thursday, January 03, 2002 7:47 PH To: dunnuck_j Cc: wallace_d; George Percel; Johnny Johnston; Summer Raygor; Kevin Durkin (E-mail); United Arts Council (Joy) ur~o~uuv¥~ u~ t~nucaLeu Co515 Subject: Fw: 1 lcllo John } Icrc is thc breakdown of thc monthly expenses. It was brought to my attention carlicr today that it has bccn reported that thc County staffprcviously askcd for this brcakdown and I refused to submit this information. That is patently untrue and simply absurd. For thc record, I have never bccn askcd for a breakdown of my monthly cxpcnses flora thc County. 1 culled these numbers immediately following your request (I returned to the office yesterday - Jan. 2 following a brief Christmas holiday). Furthermore, I have never refi~scd a request to provide any information regarding the Tourism Alliance account. The only rcqucsts 1 have ever rcccivcd regarding expenses came from thc Clerk's office and we promptly provided all financials as requested. As you probably 'know, thc Alliance's books have been audited by thc Clerk twice in thc past year and to thc best of my knowledge, found nothing amiss. Salary - president 5,300 Salary - staff 2,100 Payroll Taxes 650 Employee benefits 500 1 / 16/2002 FEB 2 6 2002 IO Office rent 1,060 Leased equipment/furniture 500 Office Supplies 300 Postage 250 Telephone 600 Printing 100 Professional Fees 140 Meals & Entedainment 200 Automobile AJIowance 300 TOTAL $12,000 Please call or cmaii if you havc any questions. I will be out of the officc tomorrow with appointmcnts and xvilI be mecting with Blcu on Monday morning at 8:30 am. Cordially, Kathy Prutos, ..... Original Message ..... From: dunnuck .j To: 'Kathy Prutos' Sent: Monday, December 31,2001 11:47 AM Subject: FW: Breakdown of Allocated Costs Kathy, Good morning. As a follow-up to the Board's request and mine prior to the last meeting, I need a detailed breakdown of your $12,000 / month fee so we can present options to the Boa~d-~vitl~espect to expenses (i.e. determine if there are opportunities to save money). I am looking for utility breakdowns, cost of support staff...basically your overhead. I also need to know if we are your sole client who pays for these expenses or whether it is a shared expense by other clients. And, if so, what and how are the percentages determined for us. The Board is looking for this analysis and I would not be surprised if the subject was broached at the January 8th BCC meeting. Therefore, time is of the essence. Should you have any questions, please do not hesitate to contact Bleu or myself. Have a happy New year. Talk to you soon. Sincerely, 1 / 16/2002 FEB 2 6 2002 Breakdown of Responsibilities: President, Tourism Alliance of Collier County POSITION PURPOSE: Manage lite business of the Tm~rism Alliance of Collier County to include separate marketing approaches for Marco Island & The Everglades and tim greater Naples area, but keeping the entire County informed and working together. EXAMPLE OF DUTIES: Supervision and coordination with vendors: Using the "tc:~mwork' theory for our organization, vendors are required to attend meetings, when directed, and work directly with the President in preparing grant applications and various reports and presentations. 15% Advertising: Day-to-day coordination to insure media is placed as approved. Review of possible media stretch/remnant advertising opportunities and meetings v, dth media reps when necessary. 15% Public Relations: Day-to-day coordination to insure public relations acti~dties arc carried out as approved. Attend press functions, as needed. 5% Market Research: Coordination with market research firm to insure lhat all in~:,~atlon required is obtai.:vzd fi'o:',.'., acco::nn~dafiv::s and ,~epons ~e pro',Sdcd in a iin',¢iy nlanller. 10% Fulfillment: Monitor fulfilhnent activities. Make sure that Florida Welcome Centers and other visitor information centers have mi adequate supply of destination brochures. i,~espond to calls frotn consmncrs and travel agents on various questions about our area and fiflfili their requests when needed. 5% h~ternet: Monitor the wcbsite to make sure that information is current. 10% Accounting: Develop and implement annual budget. Review all invoices submitted by vendor, process payment and prepare budget control sheet. Coordinate with accounting firm, TDC Coordinator, and County Finance for prompt payment. FEB 2 6 2002 Othcr duties: 20% Coordinate raid communicate tourism efforts and direct meeting scheduling of Tourism Alliance, including agendas and meeting minutes. 15% Serve as an ex-officio member of all co~nmittees ofthe Tourism Alliance, assisting in preparation and distribution of committee reports. This includes the Marco Island & Everglades Marketing Comnfittee and other sub-conunittees as may be needed, the Visit Naples Marketing Committee, Special Event Committee, and other sub-committees as may be needed. 5% Monitor legislation, coordinate grant applicantions and county fund issues, research tourism issues and coordinate with TDC and County Commissioners. FEB 2 6 2002 EXECUTIVE SUMMARY REQUEST BY ADRIENNE COZETTE, REPRESENTING FRIENDS OF ART AT THE NAPLES MUSEUM OF ART AND GALLERIES, FOR A WAIVER OF RIGHT-OF- WAY PERMIT FEES FOR TEMPORARY PARKING IN THE RIGHT-OF-WAY. OBJECTIVE: For the Board of County Commissioners to make a determination in the community's interest to either xvaive or not waive Right-Of-Way Permit fees for an artists studio tour. CONSIDERATIONS: The Friends of Art at the Naples Museum of Art and Galleries are holding their 7th Annual Artists Studio Tour on March 17th and 18th. According to the petitioner, the tour proceeds are used to underwrite children's gallery tours, exhibitions, and lectures. Because of the unusually large number of cars at the Railhead Drive locations, the petitioner xvill apply for a Right-Of-Way Permit for temporary parking in the right-of-way. The petitioner requests a waiver of the right-of-way permit fee ($125). The petitioner seeks the waiver since the Naples Museum of Art, Inc. is a non-profit organization. FISCAL IMPACT: The required application fee for a right-of-way permit is $125. If the fee waiver is granted, it will be necessary to reduce General Fund (001) Reserves in order to transfer funds to the Community Development Fund (113) to defray the review and processing costs of the permit. The Planning Services Department will submit a budget amendment request at the end of the fiscal year to cover all fee waivers approved by the Board. GROWTH MANAGEMENT IMPACT: Approval of this request will have no effect on the Growth Management Plan. RECOMMENDATION: The Right-Of-Way Permit application fee covers the cost of processing the application. There are no criteria in the Code for fee waivers. Therefore staff recommends denial of the fee waiver request. FEB 2 6 2002 PREPARED BY: PRINCIPAL PLANNER DATE REVIEWED BY: SUSAN M DATE CURRENT PLANNING MANAGER & INTERIM PLANNING SERVICES DIRECTOR APPROVED BY: JOSEPH K. S~,~MfTT ' DATE / C6MM~ITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADM~ISTRATOR EXECUTIVE SUMMARY/ROW FEE \VAIVER 2 FEB 2 ~ 2322 FRIENDS of ART at the NAPLES MUSEUM of ART ~' :S33 l)clican Bay Boulevard · Naples, Florida 34108-2740 · (941) 597-1111 · Fax (v41) December 12, 2001 Mr. Fred Reischell, County Planner Collier County Community Development Office 2800 N. Horseshoe Drive Naples, Florida 34104 RE' 7th Annual Artists' Studio Tour -- March 17 and 18, 2002 %.¸ Dear Mr. Reischell: This letter will confirm that the following two locations in Collier County will participate in a local annual charitable fundraising event: 1455 Rail Head//30 1510 Rail Head Artisans' Guild This year will be the 7th Annual Artists' Studio Tour sponsored by the Friends of Art at the Naples Museum of Art and Galleries to be held Sunday, March 17 and Monday March 18, 2002. Tour proceeds underwrite the Naples Museum of Art and Galleries programs, including gallery tours for school children, exhibitions and lecture series. This communication will respectfully request that the $125 parking permit fee be waived for the two-day tour for the artists's studios located above in Collier County. Will you place this item on the agenda for an upcoming meeting of the Board of Commissioners? We thank you for your attention to this matter. Please let me know if you have any additional questions or if we can be of assistance in any way. I am enclosing a brochure of the Artists' Studio Tour 2002. I am looking forward to hearing from you. Very truly yours, Adrienne A. Cozette Co-Chair, Artists' Studio Tour 2002 (Home: 261-3395; 262-7040 FAX) AC,~A ~TE~ FEB 2 6 2002 El'lends ef Art at the Naples Museum id Alt and Gallel,ies presents the seventh annual Artists' The seventh annual Artists' Studio Tour presents a rich and eclectic feast of fine art in the homes and studios of seven internationally recognized artists. The tour is held over two days - Sunday, March 17, from 1 to 5 p.m., and Monda,~; March. 18, from 11 a.m. to 4 p.m. Ul' Artists at a Glance Artisans' Guild is the renowned workshop for woodworkers who design and fashion elegant furniture to meet specific needs. Featured will be ChriS Zellel, wood artist, and independent artist James Boot, woodcarver. Audril~ Camllr0n's dynamic representational paintings are mostly organic - still-lifes 'of fruits and vegetables, figures and portraits. Cameron's award-winning art is composed in oils, acrylics and pastels. Geflie Kell's large, riveting abstracts on paper reflect her interest in Zen and her singular love of color and design. J0'Aflfl Lizi0 0'BriSfl, known for her aeronautical abstract constructions, uses airplane materials that she fabricates into unique and striking art forms. Pagll Peflfl~ is a portrait painter who works in pastels and oils. She has created commissioned fine art and graphic design for both individuals and corporate clients in Florida and internationally. PalSy BIIIIVIIS prefers "plein air" painting, but is also a master of realism, trompe l'oeil and abstract - working not only in oils but collage, assemblage, mixed media and furniture. A definitive style and soft nuance of color permeate her art. Genie I~ll, Rurainq~.. mkt. d m~li~ P~,~ Pinna E~;" ~a')fiic on tanvu Jo.-pmn Lizlo O'Brica, ,'diui~g]~4.e. a~iahon ~lum/meta] Make your plans now. The popular Artists' Studio Tour sells out quic Call 597-1900 or (800) 597-1900 or visit the Philharmonic Ticket Oudet at Coasdand Cente Proceeds benefit the Naples Museum of Art and Gallem'es progra.zs, incl~uting tra~wportm mall. FEB ? 6 20112 on for sc/~oolcTJ't7.gren. $30 per person, Sunday, includes refreshments ,,: ... ,:, :., ..:.~ . ~-7~:.~.,: $38 per person, Monday, indUdes luncheon .' '!' i-"5 ?(:') ;!.7577 :: Patron, $75 per person, Sunday or Monday (special recognition will be given) dy! ~_iC) ~ Division of Corporations l~age t ox z Florida Department of State, Division of Corporations Public Florida Non Profit NAPLES MUSEUM OF ART, INC. PRINCIPAL ADDRESS 5833 PELICAN BAY BLVD. NAPLES FL 34108 MAILING ADDRESS 5833 PELICAN BAY BLVD. NAPLES FL 34108 Document Number FEI Number Date Filed N99000000716 592322926 02/04/1999 State Status Effective Date FL ACTIVE NONE Registered Agent Name&Address GAR. LICK, THOMAS B 8889 PELICAN BLVD. STE. 300 NAPLES FL 34108 Officer/Director Detail Name & Address Title DANIELS, MYRA J 22 LAS BRISAS WAY D NAPLES FL 34108 CORDORY, PAUL 4601 GULFSHORE BLVD. NORTH #14 D NAPLES FL 34103 SCHWARTZ, STEPHEN L 328 COLONY DRIVE D NAPLES FL 34108 .../cordet.exe?a 1 =DETFIL&n 1 =N99000000716&n2=NAMFWD&n3=0000&n4=N! A~A FEB 2 6 2002 Pi Division of Corporations Page 2 of 2 Annual Reports Previous Filing I Return to List I Next Filing No Events No Name History Information View Document Image(s) THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT ,,,. /o? FEB 2 6 2002 .../cordet.exe?al=DETFIL&nl =N99000000716&n2=NAMFWD&n3=0000&n4=N&r l=&r2= 1/24/2002 EXECUTIVE SUMMARY AUTHORIZE AN AGREEMENT IN THE AMOUNT OF ($53,217) TO FULFILL A COMMITMENT OF THE OLDE CYPRESS PLANNED UNIT DEVELOPMENT. OBJECTIVE: To ensure that the development community fulfills commitments established by County Ordinances. CONSIDERATION: The Olde Cypress PUD (Ordinance 2000-37) states the following: "When required by the Count3; the Developer agrees to contribute his fair share on a pro-rata tributary area/run-off volume basis to imple~nent the canal improvements to serve the remainder of the Cocohatchee Canal watershed." An invoice in the amount of $106,542 was issued to representatives of the PUD to pay its fair share contribution to the master weir project completed by the Big Cypress Basin (South Florida Water Management District). This dollar amount of impact to the canal watershed was calculated by the Big Cypress Basin engineers and submitted to the County. In response to the request for payment, representatives of the property owner challenged the methodology that was utilized by the Basin. Agnoli, Barber, and Brundage, the firm that recently completed the South Lee County Watershed Study and viewed the surface water drainage impacts of a larger watershed, provided a fair share cost estimate of only $36,888. Based on the information to date and the difficulties associated with calculating exact run off impacts, the Big Cypress basin staff is supporting and recommending a figure that is one half the original estimate. Recognizing the issue is arguable since there xvas no originally defined methodology for determining the fair share and having the revised estimate from the original engineering firm that developed the South Lee County Watershed Plan, the Big Cypress Basin District staff believes that one half of the original estimate is a reasonable and fair amount to require. Require the original calculated amount of S 106,542 Should the Board accept this option it is likely that the case would go to court. While the Basin engineers developed the calculation based upon their modeling practices, there will be legal challenges in proving that this is the methodology of choice as it relates to the subjective nature of the PUD language. Also, it is likely that a court case could cost in excess of $10,000 between hours spent preparing the case and the use of both Big Cypress Basin and County staff. Accept $53,217 as payment to fulfill the PUD Commitment A~A ITEM FEB 2 6 2002 This amount is a compromise between the original invoiced amount and the amount Olde Cypress Limited originally felt was owed ($0.00). This also exceeds the estimate of the $36,888 provided by the engineer who developed the South Lee County Watershed Plan. GROWTH MANAGEMENT: There is no impact to the Growth Management Plan. FISCAl., IMPACT: $53,217 would be deposited into the general fund and could be utilized for Stormwater impro'~'ements. RECOMMENDATION: Based upon the recommendation of the legal staff and the representatives of the Big Cypress Basin who initiated the original invoice, it is recommended that the Board of County Commissioners accept $53,217 as fulfillment of the PUD requirement. John ?/hnnuck, Former Community Development & EnvirOnmental Services Administrator Public Services Administrator APPROVED BY: Pat~k White, As~stant Copnty At~rney APPROVED BY: r ;'//~ · ~iaFence" S. ~ears, Jr., Dffector Big Cypress Basin South Florida Water Management District REVmWED AND APPROVED BY: //~'~ DATE:~//~/4~ // fl~seph K. ~mitt, Co.unity Development & /  Environmental Services, Administrator DATE ~L~'~---N DATE: ~/,/c, ,/g? d ~ lo L) FEB 2 fi 2892 p~. Z EXECUTIVE SUMMARY ADOPT A RESOLUTION AUTHORIZING CONDEMNATION OF RIGHT-OF-WAY AND/OR EASEMENTS REQUIRED FOR THE CONSTRUCTION OF A FOUR- LANE SECTION OF IMMOKALEE ROAD BETWEEN WILSON BOULEVARD AND 43rd AVENUE N.E., CAPITAL IMPROVEMENT ELEMENT NO. 71 (PROJECT NO. 60018). OBJECTIVE: To adopt a Resolution authorizing the acquisition by condemnation of fee simple interests and/or such easements necessary for the construction of a four-lane section of Immokalee Road between Wilson Boulevard and 43r~ Avenue N.E. CONSIDERATIONS: Initial authorization for the purchase of right-of-way for the Immokalee Road project was given by the Board of County Commissioners on November 27, 2001, under Resolution No. 2001-450. Since that time, project notices have been sent to all the property owners along the corridor and real estate appraisals have been ordered. Concurrency requirements indicate that construction of improvements to this roadway segment should commence later this year, and the Board is hereby advised that the condemnation of property will most likely be necessary in order to meet this schedule. The Board of County Commissioners has been advised through numerous public meetings, MPO meetings, and documentation of the various alternative routes and typical roadway sections considered by its professional engineering staff and consultants, and of the environmental impacts and costs of each engineering alternative, and of the public health, safety and welfare considerations, and of the long-range planning implications posed by each alternative, and has determined that the legal descriptions, and the interest in real property specified on each legal description, which are a part of the attached Resolution, represent the most feasible location, and are necessary for the construction of the proposed improvements to Immokalee Road. The Board of County Commissioners has been further advised that it is necessary and in the public's best interest to acquire, by condemnation if necessary, those interests in real property specified on each legal description attached to the Resolution. amount includes the cost of all real property rights required for construction, improvements, as well as all expenses for title work, real estate appraisalsl those expenses such as property owner attorney fees and expert witness ,FISCAL IMPACT: The schedule for the acquisition of those interests in real property specified on each legal description attached to the Resolution may result in the condemnation of every parcel required for the construction of the four-lane section of Immokalee Road between Wilson Boulevard and 43r~ Avenue N.E. While staff will attempt to negotiate settlements without resorting to the County's power of eminent domain, should the condemnation of every parcel be required in order to meet the schedule for the commencement of construction, the cost to acquire all of the remaining unsecured right-of- way, and such other easements as may be required, is estimated at $3,810,205. This ~f thc_ st a~l~. ~/~ FEB 2 6 2O02 P9 i _~ County is required to pay according to Sections 73.091 and 73.092, F.S. All such payments will come from the Transportation Supported Gas Tax Fund and the Road Impact Fee Distdct 1 and Impact Fee District 6 Funds. Source of funds are gas tax and road impact fees. GROWTH MANAGEMENT IMPACT: As part of the County's Capital Improvement Element, the Immokalee Road project is an integral part of Collier County's Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners of Collier County: 1. Adopt the attached Resolution; 2. Authorize its Chairman to execute same on behalf of the Board; and ,/~Ree~'ln-~r'e"n d r~,~, Re a I Prdp~e~pervisor Property'Management-Department Authorize any budget amendments that may be necessary to implement the collective will of the Board as evidenced by the adoption of the attached Resolution and the REVIEWED BY: ((.L ~ ~'(&/1 ~.4'~ "~ Charles ~. Carrington, ,Jr., s~VA, I~il~ector DATE: Real Property Management Department /~Eynn",l~. Thorpe, P.E., Senior Project Manager Transportation Engineering & Construction Management APPROVED BY: Stephen L. Miller, P.E., Director Transportation Engineering & Construction Management DATE: Norma~ E. Feder, AICP, Administrator TransI'ortation Division AGENp~ IT~EM NO. ~C' FEB 2 6 2002 MEMORANDUM To: Fro m: Date: Re: Commissioner James N. Coletta, Chairman, District//5 Commissioner Tom Henning, Vice-Chairman, District Commissioner James D. Carter, Ph.D., District//2 Commissioner Fred Coyle, District//4 Commissioner Donna Fiala, District Norman E. Feder, Administrator, Transportation Division February 19, 2002 Condemnation Resolution for Immokalee Road from Collier Boulevard to 43rd Avenue On February 26, 2002, the Board of County Commissioners will consider the adoption of a Condemnation Resolution for the property interests necessary to four-lane Immokalee Road from Wilson Boulevard to 43rd Avenue. This memorandum contains vital information that the Board of County Commissioners must consider in adopting this Resolution, as well as the Resolution that will be brought before you in the near future for the remainder of the project. That remaining segment will be from Collier Boulevard to Wilson Boulevard. As you know, this roadway has been on the County's long range plan for many years. It has been the subject of Board meetings, MPO meetings and various other public meetings. This memorandum shall serve to supplement and recap the documentation previously provided to, or presentations made to, the Board. Also, the county attorney's office has advised that you must consider the following criteria when adopting the condemnation resolution: 1. Alternate routes Need for additional east-west arterial capacity within Collier County for travel demands east of Collier Boulevard has been identified and studied at the long range Page 1 of 3 planning level for more than a decade. Due to past and current development patterns, few alternatives exist other than existing roadway alignments and the potential of the extension of Vanderbilt Beach Road east to Wilson Boulevard. Golden Gate Boulevard from Collier Boulevard to Wilson Boulevard is currently under expansion to four-lanes. Due to land development and significant utility conflicts, it is unlikely that this road will be expanded beyond four-lanes. Extension of Vanderbilt Beach Road from Collier Boulevard to Wilson Boulevard is in the conceptual stage of development being only recently added to the Collier County Year 2025 Long Range Transportation Plan. Immokalee Road is also the only direct arterial connection between the Immokalee area and urban Collier County. To meet immediate capacity needs, the only viable alternative is to widen Immokalee Road. Safety factors The design of the Immokalee Road improvements has been conducted to meet the standards as defined by the Florida Department of Transportation, AASHTO, and MUTCD to ensure the safe movement of people and goods within the project limits. Long range planning factors The Long Range Transportation Plans (LRTP) for Collier County have evaluated the future travel demand needs using factors such as social impacts, environmental impacts, costs, safety and provision for alternatives. Since at least the 2010 LRTP (adopted in 1992), and reiterated in the following updates for 2020 LRTP (original adopted 1996, updated 1999) and the 2025 LRTP (adopted 2001), the need for four- laning Immokalee Road has been identified. The four-laning within an ultimate six- lane fight-of-way is consistent with current and near future travel demand needs and the availability of financial resources. Environmental factors Long range planning criteria require the consideration of impacts to environmentally sensitive areas. Generally impacts of roadway construction utilizing existing corridors have less environmental impacts than new corridors. Refined evaluations during the alignment determination phase took more localized environmental issues into account such as choosing the offsite retention/detention system ponds. The sites were first identified and a site visit was made by the Consultants and County's environmentalist to determine if there were any affects on the environment. It was also decided early on to avoid any encroachment into the existing Cocohatchee Canal. Costs Cost to provide for the improvements has been considered from the initial identification in the adopted LRTP. As the project has been refined during the Page2of3 · ' - ':'~ ' design, more specific costs to implement have been developed and considered as part of developing the financially feasible Capital Improvement Program. The design of the improvements has been made to maximize the improvement benefit with the minimum amount of impacts. Costs were considered in two locations that basically set the entire alignment from Wilson Boulevard to 43rd Avenue. Beginning at Wilson Boulevard, the location of the Cocohatchee Canal on the north, due to our most recent experience, forced the road expansion to the south. In addition, it was determined early that the Waterways, located fi.om Oil Well Road, to 4500 feet north, landscaped buffer area was on land owned by the Homeowners Association and would be a costly fight-of-way. Therefore, it was decided to minimize the takings in the Waterways and make up for necessary loss in right-of-way on the westerly side. The alignment from Wilson Boulevard to Oil Well Road was set on the above restraints and the geometrics in between. We are pleased to advise you that construction on this project is anticipated to commence during fiscal year 2002. This project is part of an aggressive acquisition schedule to address the traffic needs and problems of this community. Thank you for your time and review of this vital information. NEF:DRW:bc Thomas Olliff, County Manager Jim Mudd, Deputy County Manager David Weigel, County Attorney Jacqueline Hubbard-Robinson, Assistant County Attorney Ellen Chadwell, Assistant County Attorney Heidi Ashton, Assistant County Attorney Steve Miller, Director, TECMS Dawn Wolfe, Director, Transportation Planning Lynn Thorpe, Senior Project Manager, TECMS Page 3 of 3 RESOLUTION NO. 2002 - __ A RESOLUTION AUTHORIZING THE CONDEMNATION OF FEE SIMPLE INTERESTS AND/OR THOSE PERPETUAL OR TEMPORARY EASEMENT INTERESTS NECESSARY FOR THE CONSTRUCTION OF THE FOUR-LANING ROADWAY IMPROVEMENTS TO IMMOKAT.EE ROAD PROJECT BETWEEN WILSON BOULEVARD AND 43Rn AVENUE NORTHEAST, CIE NO. 71. 1 2 3 4 5 6 7 8 9 1o 11 12 WHEREAS, the Board of County Commissioners (Board), on May 9, 2000, adopted Ordinance 13 No. 2000-31 therein establishing the (Ninth Annual Update and Amendment) Capital Improvement 14 Element of the Growth Management Plan in order to establish priorities for the design, acquisition and 15 construction of the various capital improvement projects; and 16 WHEREAS, the Transportation Element of the County's Comprehensive Plan was adopted in 17 Ordinance No. 2000-32; and 18 WHEREAS, the four-laning improvements to Immokalee Road between Wilson Boulevard and 19 434 Avenue Northeast is one of the capital improvement projects required under the Transportation 20 Element of the County's Comprehensive Plan; and 21 WHEREAS, the location for construction of the proposed improvements has been fixed by survey 22 and is collectively represented by the legal descriptions comprising Exhibit "A" attached hereto and 23 incorporated herein; and 24 WHEREAS, after consideration of the availability of alternate routes and locations, the 25 comparative costs of project alternatives, various impacts upon the environment, long range planning 26 options, and public safety considerations, the Board desires to exercise its right to condemn property for 27 pubhc purposes. 28 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS 29 OF COLLIER COUNTY, FLORIDA, that it has been determined by the Board that the construction of 3O the four-laning roadway improvements to Immokalee Road between Wilson Boulevard and 43,a Avenue 31 Northeast (hereinafter referred to as "the Project"), is necessary and in the public's best interest in order to 32 protect the health, safety and welfare of the citizens of Collier County. 33 AND 1T IS FURTHER RESOLVED that construction of the Project is part of the County's long 34 range planning effort, and is included in the Transportation Element of the County's Comprehensive Plan 35 for Growth Management, as approved by the Florida Department of Community Affairs. 36 AND IT IS FURTHER RESOLVED that the County Staff has reviewed alternative locations for 37 the Project, and the costs associated with the design, property fights acquisition, and construction of the 38 Project, as well as public safety and welfare considerations associated with the design and construction of 39 the Project, and various impacts to the environment, and the Board finds that after consideration of these Page 1 FEEl 2 6 2002 40~-.. issues, the most feasible location for common of the proposed improvements is collectively 4, represented by the legal descriptions compnsin§ Exhibit "A' attached hereto and incorporated herein. 42 AND 1T IS FURTHER RESOLVED ~ in ord~ to construct the Project as designed, it is 43 necessary for the Board m acquire the variou~ real lxt~'rty interests described in Exhibit "A" to wit: fee 44 simple interests and/or tbo~e perpetual or tem[mmry ea.~mmat inmre~ts. 45 AND IT IS FURTHER RESOLVED that all propexty shall be put to pubhc pu_rpose~. 46 AND IT IS FURTHER RESOLVED that the County staff is hereby authorized to immediately 47 acquire by condemnation, in accordance with the provisions of Chapters 73, 74 and 127, Florida Statutes, 4~ the above-referenced real property interests more particularly described in ExMbit "A", attached hereto 49 and incorporamd herein. 50 AND IT IS FURTHER RESOLVED that no mobile homes are located on the property sought to 51 be acquired and therefore it will not be necessary to remove any mobile homes from the property to be 52 acquired. 53 This Resolution adopted on this __ day of ,2002, after motion, second and majority vote. 55 56 57 ATrEST: 5~-. DWIGHT E. BROCK, CI.ERK 60 61 62 63 64 65 66 67 Approved as to form and legal sufficienc}t: I~eidi ~ A;ht~'n Assistant County Attorney BOARD OF COUNTY CO1VEMISSIONERS OF COLLIER COU~qTY, FLORIDA By: JAMES N. COLLETTA, CHAI1CMAN Page 2 FEB 2 6 2002 'N 16 ISM A£L GoNZALEZ MARi~ 3'. GoNZAL£Z o.P,. 13'~8, PC,. 1030 50.00' N 89'40'50' W 350.00' DESCRIPTION: The NortheHy 79.05 feet of Tract 16 of Golden Gate Estates Unit 23 oe recorded in Plot Book 7 at Page 9 of the Public Recorde of CoUlter County, Florida. Coataining nB36 aa'e~ more m' ~ 0 50 100 200 Notes: 1. This is not o survey. 2. Basis of bearing is plat. 3. Subject to easements, reservations and restrictions of record. 4. All dimensions ore plat unless otherwise noted. NOT VN.IO M*ll. IOUT ~1£ SI(~IATURE AND 1HE OR. mN. RNS~D SF..N. O¢ A FLO~DA SKETCH AND DESCRIPTION AS NOTED DATE o9/ol ,"1~t~ l~ll~ WILKISON &: ~~111~ AS S OC IATES WW Ii--INC. I ENGINEERS. SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FL~ 34104 (g~) 643--2404 FAX NO. (9~) 6~,3-5~73 FLORIDA BUSINESS UCENSE NO. LB5770 (2GE 23 0014.1 RAW O0-018-O00.DWG SHEET FB PG CHECKED BY DWG. NO. 1 OF 1 DJH IR-L-168B FEB 2 6 20O2 iMMOKALE_E _ROAD ~S.R. 8~6 ~7 LORENZO DIAZ CEcIUA DIAZ O.R. 2307, PG. 1627 N 89'~0'50' W 330.00' DESCRIP31ON: The NortheHy 79.05 feet of Trect 17 of Golden Cote Estctes Unit 2;3 es recorded In Plot Book 7 et Page 9 of the Public Records of Collier County, Floride. Contoining 0.600 ocres more or les~. SCALE AS NOTED DATE 09/01 0 50 1 O0 20( Notes: 1. This is not o survey. 2. Bosis of beoring is plot. 5. Subject to eosements, reservotions ond restrictions of record. 4. All dimensions ore plot unless otherwise noted. TIlE ORI(JiNAL RA~Si~ U~5~ ~ ~ M~ SKETCH AND DESCRIP~ON WILKISON &: ASSOCIATES INC. iai ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34~04- (941) 643-2404 FAX NO. (941) 643--5173 FLORIDA BUSINESS UCENSE NO. IR5770 SEC/SUB GGE 23 SHEET W,O. NO. 0014.1 F~ PG DRAWN BY J FiLE NAME EAW IO0-018-O00.DWG CHECKED BYI DWg. NO. DJH J IR-L-169 1 OF1 AGE~E~.M NO. ~(_l yj FEB 2 6 2002 P"~'~-OF BEGINNING: -0' ;2' ~ 36'50'45' [ 3~9.~u 66'~U~o - -'- ~ M M O__Q.~_K_A LEE___R 0 A~----------~'43 Lo10.61 ~.R. 846 /--- Tan,,5.40 R-4,390.18 L=56.64 Tan-30.85 ~=0'44'21" 18 EL UGHTCAP E/~ ARB ARA L~GHTCAP O.R. 1986, PG. 596 N 89'40'50' W 330.00' N o 50 100 200 Notes: 1. This is not a survey. 2. Basis of bearing is plat. .3. Subject to easements, reservations and restrictions of record. 4. All dimensions are plat unless otherwise noted. Description: A portion of Tract 18, Golden Gate Estates, Unit 23, according to the plot thereof as recorded in Plat Book 7, Page 9, Collier County, Florida, being more particularly described as follows: Beginning at the Northwest Comer of said Tract 18; thence North 66'50'45' East, for a distance of 319.80 feet to the be~jinning of o tangential circular curve, concave Northerly; thence run £a~terly, along the arc of said curve to the left., having o radius of 5,334.46 feet. through {3 cenf. ral angle of 00'06'58", subtended by a chord of 10.81 feet ut a bearing of North 86'47'16' East, for an arc length of 10.81 feet to the end of said cur~, and the Northeasterly Comer of said Tract 18; thence South 00'19'10" West, alancj the £eeterty Boundary of said Tract 18, for a distance of 78.85 feet to a point on cl a distance of 4,390.18 feet merem'om; men~;~ run ,~.=,.~,,~.; .... ~ __,--, j- j,~.~ j/. ;aid cur~ to the right, having a radio= .of _4.,_3_90_.?.tea. t, pro.u?1 a_c~u~.,~ ~ THE , -, nn'44'21" ~ubtende<l by a chore at =t~.~4 Tee~ a~ o o~a~rnv u, ~v,-,, u~,nu u. n~_~zL_r:--~, ..... ;'g~)'lUl"' ~e~, for an arc length of 56.64 feet to the end ef said cu~m, NF~OT V~.jON~3~UI~E SlGNA1UI~: a~lD thence South 86'50'45' We~t, for a distance of 273.99 feet4 thence North THE ORIGINAL RAJSED SF. AL OF A FI_ORIDA 00'19'10' East, along the Westerly Boundary of said Tract 18, for a distance of Uc/NS~3 SURVEYOR~/elO 79.16 feet, to the POINT OF BEGINNING; Containing 0.600 acres, more or less. SKETCH AND DESCRIP'rlON SCALE J SEC/SUB AS NOTED J GGE 23 DATE ~ SHEET 09/01 t 1 OF 1 ~"~/~ / JJ~WILKISON & ~ ASSOCIATES ~ ~~NC.m ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAP.LES. FLA. 341_0_~ (941) 643--2404 FAX NO. (,941) 643-517.~ FLORIDA BUSINESS UCENS£ ~10- L65770 0014.1 I EAW O0-018-O00.DWG FB pG1 CHECKED BY DWG. NO, DJH IR-L-170 AGE I tV ,,,o._ FEB 2 6 2002 FEE SIMPLE INTEREST 35 ELaN TORRES p ASCU AL TORRES O.R. 2:395, PG. 3.317 N 89'40'50" W 350.00' 0 50 100 200 Notes: 1. This is not o survey. 2. Basis of bearing is plat. 3. Subject to easements, reservations and restrictions of record. 4. All dimensions ore plot unless otherwise noted. Description: A portion of Tract 35, Golden Gate Estates, Unit 25, ~ccordlng to the plot thereof as recorded in Plot Book 7, Page 7, Collier County, Florida, being mole particularly described ~ 'f~low~: Beginning crt the Nc~th~terly Comer ~ said Tract 35, said point being the beginning of a c~rv~, concave Northerly, having a radius of 5,534.46 feet and a central ~ngle of 05'35'38'; thence run E~stefly, along the arc of said cur~e to the left, having a radius of 5,534.46 feet, through a central angle of 05-33'38', subtended by a chord of 331.45 feet at a bearing of North 84~6'55' East, for an arc length of 531.51 feet to the end of maid curve, and the Nmff. heasterly Corner of s~d Tract 35; thence South 00-19'10" West, along the Easterly Boundary of said Tract 55, for a distance of 75.11 feet to a point on a circular curve, concave Northerly, whose radium point bears North 08'12'0,3' West, a distance of 4,590.18 feet therefrom; thence run Westerly, along the arc of said curve to the Hght, having Q radius of 4,590.18 feet, through a central angle of 04'20'04', subtended by a chord of 552.0a, feet at a bearing of South 83'57'59' West, for an arc length of 532.12 feet to the end of said curv~; thence North 00'19'10' East, along the Westerly Boundary of said Tract 35, for a distance of 78.85 feet, to the POINT OF BEGINNING; Containh~g 0.§78 acres, more or D-A~, ,,L HYA~.~ P.~.I~FOR ~ FIRM) NOT VALID I~rHOU'P'"t'HE SIG~A~JRE AND THE OR'tG~IAL RAJSE~ SE. AL OF A FLORIOA UC~ISE~ SUI~,'EY~. ~MD: t,I APPII~ SKETCH AND DESCRIPTION I~AA WILKISON & ~111111~ ASSOCIATES ~ ~ INC. I SCALE I SEC/SUB lAS NOrDI GGE 23 DATE I SHEET 00-018-O00.DWG IR-L-171 ~ ENGINEERS, SURVEYORS AND PLANNERS 5506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 64.3-2404 FAX NO. (941) 643-5173 FLORIDA BUSINESS LICENSE NO. L85770 W.O. NO. DRAWN BY I FILE NAME I 0014.1 EAW I t FB PG CHECKED BYI DWG. NO. I DJH I FEB 2 6 2002 J ~ jJ FEE SIMPLE IiVTE~ST 0 50 100 20C Notes: 1. This is not o survey. 2. Besis of beorincj is pl(]t. .3. Subject to easements, reservations and restrictions of record. 4. All dimensions (]re pl(]t unless otherwise no[ed. N 89'40'50" W 330.00' DESCRIPTION: Tract .36 of Golden C,~te Estates Unit 23 as recorded in Plot Book 7 at Page 9 of the Public Records of Collier County, F~orido. Containing .3.790 acre~ more or isms. ~HE ORDINAL RN~ SIN- Oq A FLOE~A SCALE AS NOTED DATE SKETCH AND DESCRIP~ON IJ~l~ WILKISON &: ~ ASSOCIATES WW ~mc.I ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCH~NCE AVE. NAPLES, FL~ 3410~ (941) 643-2~4 F~ NO. (941) 643-5173 ~ORIDA BUSINESS UCENSE NO. ~5~0 ~C/SU8 W.O. NO. I DRA~ BY ~ R~ NAME GGE 2~ 001~.1 t RAW t00-018--0OO'DWG ~ ~ PG I ~E~ BY/ O~. NO. 1 OF 1 ~ DJH ~ IR-L-172~ AGENJ3A ITEM FEB 2 6 2002 FEE SIMPI~ I~FF_$~ST 2- O~ 0 Z 40" L 0 50 100 150 AS NOTED I DATE .(:~¢rCAT'f', ,1~.1017 (FOR THE F1RM) ~. MC. NO. 5~ NOT V~D ~T ~E ~A~E ~D ~E QRIGIN~ RAI$~ ~ ~ A ~IDA UC~S~ SUR~ AND WAPPER SKETCH AND DESCRIP~ON '~,,~',,~ WILKISON &:: '~mll~ ASSOC I ATE S '~ ~ 11'46;. ~ ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLI~. FlA. 54104 (9¢1) 643-2404 FAX NO. (941) 64;3--5173 FLORIDA BUSINESS LICENSE NO. LB5770 SEC/SUB W.O. NO. DRAWN BY I FILE NAME I (;GE 22 0014.1 EAW I O0-018-O00.DWG I SHEET FB PO CHECKED BYI DWG. NO. I 1 OF 2 DJH / IR-L-173-1 / FEB 2 $ 2002 FEE SIMPLE INTEREST Description: A portion of the County Canal R.O.W., Golden Gate Estates, Unit 22, according to the plat thereof as recorded in Plat Book 7, Page 84 , Collier County, Florida, being more particularly described as follows: Commence at the Southwesterly Corner of Tract 93, of said Unit 22; thence North 86'51'39' East, along the Southerly Boundary of said Tract 93, for a distance of 196.16 feet, to the POINT OF BEGINNING of the herein described parcel; thence continuing North 86'51'39" East, along the Southerly Boundary of said Tract 93, for a distance of 129.14 feet to a point on a circular curve, concave Northerly, whose radius point bears North 14'21'24" West, a distance of 5,254.46 feet therefrom; thence run Westerly, along the arc of said curve to the right, having a radius of 5,254.46 feet, through a central angle of 04'31'50", subtended by a chord of 413.79 feet at a bearing of South 77'54'30" West, for an arc length of 413.90 feet to the end of said curve; thence Nor'th 12'09'43" West, for a distance of 9.41 feet to a point on a circular curve, concave Northerly, whose radius point bears North 12'09'45' West, a distance of 4,217.18 feet therefrom; thence run Westerly, along the arc of said curve to the left, having a radius of 4,217.18 feet, through a central angle of 03'55'42", subtended by a chord of 289.08 feet at a bearing of North 75'52'26" East, for an arc length of 289.15 feet to the end of said curve, to the POINT OF BEGINNING; Containing 0.140 acres, more or less. Notes: 1. This is not a survey. 2. Basis of bearing is plat. 3. Subject to easements, reservations and restrictions of record. ¢. Not valid without Sheet 1 of 2 depicting Sketch of Description and bearing the original signature and embossed seal of a Florida registered Surveyor and Mapper. 5. All dimensions are plat unless otherwise noted. 6. * Note should be taken that on the plat of Golden Gate Estates, Unit 22, a ;50' deficiency occurs in the block containing Tracts 110-125, and Tract "A", and a overage occurs in the block containing 78-109, and this is reflected in the calculations concerning this parcel. lO/Ol SKETCH AND DESCRIP~ON ~,~~k WlLKISON &: ~ ASSOCIATES ~ ~INC. m ENGINEERS, SURVEYORS AND PLANNE-~S 35D6 EXCHANGE AVE. NN~LES, FLA. 34104 (941) 643-24434 FAX NO. (941) 643-5173 FLORIDA BUSINESS EOENSE NO. LB5770 SEC/SUB W.O. NO.I DRAWN BY I FILE NAME GGE 22 0014-1 I EAW1 SHEET Fl) PG[ CHEC~D BY/ DWG. NO. 2 OF 2 DJH 00-018-O00.DWG IR-L-17:3-2 j AgF_~/i~A No. tL.~2' FEB 2 6 2002 ~ ~//JS 00'19'10' W-'< "-~.,,,-,E-,,a &// 15.67" ~.,,, 5,~ S COMB · ~. IcHAEL ' - (.xS.00 ' ascription: A portion of Tract 53, Golden Gate Estates, Unit 23, according to the plot [hereof oe recorded In Plat Book 7, Page 9 , Collier County, Florida, being more particulaHy described as follows: Beginning at [he Northwesterly Comer of said Tract 53, said point being the beginning of a curve, concave Northerly, having a radius of 5,334.46 feet and a central angle of 03'37'55#; thence run EasteHy, along the arc of said curve to the left, having a radius of 5,.334.46 feet, through a centTol angle of 03';37'55', subtended by a chard of 338.08 feet at a bearing of North 77'45'52' East, for an arc length of 338.14 feet to the end of said curve, and the Northeasterly Comer of said Tract 53; thence South 00'19'10' West, along [he Eastedy Boundary of said Tract 53, for a distance of 46.34 feet to a point on o circular curve, concave Northerly, whose radius point beam North 17'53'12' West, a distance of 4,.390.18 feet therefrom; thence run Westedy, along the arc of said curve to the right, having a radius of 4,390.18 feet, through a central angle of 00'31'24', subtended by a chord of 40.09 feet at o bearing of South 72'22'30' West. for on arc length of 40.09 feet to the end of said curve; thence South 00'19'10' West, a distance of 15.67 feet, to a point on o circular curve, concave Northerly, whose radius point bears North 17'18'15' West, a distance of 4,405.18 feet therefrom; thence run Weeterly, along the arc of said curve to the right, having a radius of 4.,405.1B feet. through a central angle of 03'55'36', subtended by a chord of 301.83 feet at a bearing ~f S~uth 74'39'33' West, for on arc length of 301.89 feet to the end of s~id curve;, thence North 0019'10' East, along the ~e~terly Boundary of said Tract 5;3, for a distance of 78.01 feet, to the POINT OF BEGINNING; Containing 0.519 ac~ more or less. PA P..c f:. ~ t ~r FE~ $13/E'LF.. [N'~T N 0 50 1 O0 200 Notes: 1. This is not a survey. 2. Basis of bearing is plat. .3. Subject to easements, reservations and restrictions of record. 4. All dimensions are plat unless otherwise noted. ';HE: OR~GINN,. RAISED ~ ~ A U~ ~ ~ M~ SKETCH AND DESCRIP~ON ~~ WILKISON A ~ ASSOCIATES ~ ~ INC. ~ ENGINEERS, SU~ORS ~D P~NERS 3506 ~C~NGE A~. ~, ~ 341~ (941) ~3-2~ F~ NO. (941) ~3-5175 ~ORIDA BUSINGS UCENSE NO. ~5~0 W.O. NO.I DRAWN BY [ FILE NAME 0014-,1 I EAW I 00-018-O00.DWG FB PG CHECKED BY[ DWi. NO. AGENDJ~ ITEM No. FEB 2 6 2002 FEE SIMPLE INTEREST 25TH 60' ROAD EASEMENT_ AVENUE N.W. N 89'40'50" W 330.00'.~ ~ Z 0 50 100 150 I OAVlD J. I'~ATT..J~[I~'M' (FOR THE FIRM) FLA. UC. NO. 5~v54· NOT VAUD WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED sEAL OF A FLORtDA uCE. NSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION ~,j~l~, WILKISON &: ~ ASSOCIATES ENGINFFRS, SURVEYORS AND PLANNERS 3505 E::XCHAN(;E AVE- NAP.LES.. FLA. 34~o4 (941) 643-24.04 FAX NO. ,(,941,) 64-3--5173 FLORIDA BUSINESS LICENSE NO, IR5770 s[c/sua GGE 22 SHEET 1 OF2 W.O. NO. 0014.1 F'B PG DRAWN BY [ FILE NAME EAW I O0-018-OO0.DWG CHECKED BY~ DWG. NO. DJH I tR-L-175C-1 S NOTED DATE 02/02 FEB 2 6 2002 FEE SIMPLE INTEREST EXHmr. ._ Description: A portion of Tract 643, (;olden Gate Estates, Unit 22, according to the plot thereof os recorded in Plot Book 7, Pocje 8~, Collier County, Florida, being more porticuioHy described os follows: Beginnincj at the Southeasterly Corner of said Tract 65; thence South 86'50'¢5" West, along the Southedy Boundary of said Tract 65, for o distance of 3;50.61 feet, to the Southwesterly Corner of said Tract 65, thence North 8¢'35'11" East, for o distance of 331.66 feet, to a point of intersection with the Easterly Boundary of said Tract 65; thence South 00~19'10' West, oloncj said E~sterty Boundary, for o distance of 13.10 feet, to the POINT OF BE(;INNING; Containing 0.050 acres, more or less. Notes: 1. This is not a survey. 2. Basis of bearing is plat. 5. Subject to easements, reservations and restrictions of record. 4. Not valid without Sheet 1 of 2 depicting Sketch of Description and bearing the original signature and embossed seat of a Florida registered Surveyor and Mapper. 5. All dimensions are plat unless otherwise noted. 6. Note should be taken that oil measurements shown on this description are per plat, and this is reflected in the calculations concerning this parcel. SKETCH AND DESCRIP~0N I~l~ WILKISON & ~lml~ ASSOCIATES ~ ~ ~NC. m ENGINEERS, SURVEYORS AND PLANNERS ;.3506 EXCHANGE AVE. NAPLES, FLA. 54104 (941) 643-2404 FAX NO. (941) 64,3-5173 FLORmDA BUS,NESS LICENSE NO. LB5770 i SCALE [ SEC/SUB W.O. NO. DRAWN By FILE NAME AS NOTED (;GE 22 0014.1 EAW O0-018~O00.DWG DATE SHEET FB PG CHECKED BY OW(;. NO. 02/02 2 OF 2 DJH IR-L-175C-2 AGENC~ ITEM FEB 2 6 2002 60' i~OAD1 1 I I FEE SIMPLE INTEREST EXH T/ 25TH AVENUE N.W. EASEMENT N 89'58"26" W 557.58'* :- o z 0 50 100 150 84-6 '~ THE ORIGINAL RAISEB SE/~L OF A FLORIDA lICENSED SURVEYOR AND-MAPPER SKETCH AND DESCRIPTION ~~ WILKISON & ~~I~ ASSOCIATES ~ ~ iNC. ~ ENGINEERS SURVEYORS AND PLANNERS 35os EXCHANC£ AVE. N~PLSS, ~. 34~04 (941) 645--2404 F~ NO. (941) ~3-5173 ~ORIDA BUSINESS UCENSE NO. LB5770 SCALE AS NOTED DATE 02/02 SEC/SUB W.O. NO. GGE 22 0014.1 SHEET FB PG 1 OF2 J DRAWN BY /~LE NAME EAW O0-018-O00.DWG CHECKED BY DWG. NO. DJH IR-L-175B-1j I FEB 2 6,200~~ FEE SIMPLE INTEREST Description: A portion of Tract 92. Golden Gate Estates, Unit 22. according to the plat thereof as recorded in Plat Book 7, Page 84, Collier County, Florida, being more particularly described as fallows: Beginning at the Southeasterly Corner of said Tract 92; thence South 86'51'39" West, along the Southerly Boundary of said Tract 92, for a distance of 338.20 feet, to the Southwesterly Corner of said Tract 92, thence North 00'19'10" East, along the Westerly Boundary of said Tract 92, and the Centerline of the 60.00' wide Road Easement (2nd Street N.E.); for a distance of 1.3.10 feet to a point on a circular curve, concave Northerly, whose radius point bears North 08'50'20" West, a distance of 4-,117.18 feet therefrom; thence run Easterly, along the arc of said curve ta the left, having a radius of 4,117.18 feet, through a central angle of 04'47'48", subtended by a chard of ,344.57 feet at a bearing of North 78'45'47" East, for an arc length of .344.67 feet to the end of said curve, and a point of intersection with the Easterly Boundary of said Tract 92; thence South 00'19'10" West, along said EasteHy Boundary, for a distance of 61.7.3 feet, ta the POINT OF BEGiNNiNG; Containing 0.271 acres;, more or less. Notes: 1. This is not a survey. 2. Basis of bearing is plot. .3. Subject to easements, reservations and restrictions of record. 4. Not valid without Sheet 1 of 2 depicting Sketch of Description and bearing the original signature and embossed seal of a Florida registered Surveyor and Mapper. 5. All dimensions are plat unless otherwise noted. 6. * Note should be token that on the plot of Golden Gate Estates, Unit 22, o 30' deficiency occurs in the block containing Tracts 110-125, and Tract "A", and o overage occurs in the block containing 78-109, and this is reflected in the calculations concerning this parcel. SKETCH AND DESCRIPTION WILKI$ON & ~ASSOCIATES INC. ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 54104 (941) 643-2404 FAX NO. (941) 643-5173 FLORIDA BUSINESS UCENSE NO. IR5770 SCALE AS NOTED DATE 02/02 SEC/SUB W.O. NO. FILE NAME GGE 22 0014.1 O0-018-O00.DWG SHEET FB PG DWG. NO. 2OF2 DRAWN BY EAW CHECKED BY DJH IR-L-175B-2~,/ FEB 2 6 2002 FEE SIMPLE INTEREST 25TH "IAFE~'UE N.W. N 89'38'26" W L~J T- O 0 Z 4357.58'* -60'WID£ ROAD EASEM£NT I F I N Rt'~SED 01/31/02 iASCALE ) SEC/SUB S NOTED1 GGE 22 DATE / SHEET 02/02 I 1 OF 2 0 50 100 150 DAV)D J. H)~kT't,-~I~.M. (FOR 33"1E FIRM) FI~ UC. bio. 5 .~1~4 ' KD NOT VALID Wl~T 'THE SIGNA"flJRE THE ORIGINAL RAISED SEAL OF A FLORIDA UGI~SED SURVEYOR AND ¼APPER SKETCH AND DESCRIPTION I~,~l~ WILKISON ,&: '~ ASSOCIATES WW ENGINEERS, SURVEYORS AND PLANNERS .3506 EXCHANGE AVF_. NAPLES, FLA..34.104 (94.1) 64,3-2404 FAX NO. (94.1) 64.3-5173 FLORIDA BUSINESS LJCENSE ~iO. LB5770 W.O. NO. 1 DRAWN BY FILE NAME 0014..1 EAW 00-01 8--O00.DWG F'B PG CHEC~F-i) BY DWG. NO. DJH IR-L-175A-1 AGEI~ ITEM No. IL; ~ FEB 2 6 ~0~ FEE SIMPLE INTEREST EXHIBIT Description: A portion of Tract 93, Golden Gate Estates, Unit 22, according to the plot thereof os recorded in Plot Book 7, Page 8¢, Collier County, Florida, being more particulm-ly described as follows: Beginning at the Southwesterly Comer of said Tract 93, thence North 00't9'10" East, along the Westerly Boundary of said Tract 93, for a distance of 61.73 feet to o paint on o ciraulor curve, concave Northerly, v~hose radius point bears North 13'3B'07" West, a distance of ¢,117.18 feet thermfrom; thence run Easterly, along the arc of said curve to the left, having o radiu-~ of ~,117.18 feet, through o central angle of 04,'18'42", subtended by a chord of 309.75 feet at a bearing of North 74-'12'32' East, for an arc length of 309.83 feet to the end of said curve, and ~z point of interaction with the Westerly Boundary of the 80.00 foot wide Drainage Easement, os shown on the Plot of Said Unit 22; thence South 00~19'10" West, along s(zid Westerly Line, for o distance of 105.17 feet to o point on a ciraulm' curve, concave Northerly, whose radius point bears North 17'29'57" West, a distance of 4,217.18 feet therefrom; thence run Easterly, along the arc of said curve to the left, having o radius of 4,217.18 feet, through a central angle of 00'3~-'18", subtended by ~ chord of 42.08 feet at a bearing of North 72'12'54-" East, for on ~rc length of 42.08 feet to the end of said curve, end to an intersection of the Easterly Boundary of said Tract 93; thence South 00'19'10" West, along said Eosterty Boundary Line of S~id Tract 93, for ~ distance of .92.57 feet, to the beginning of a curve, concave Northerly, having ~ r~dius of 5,234.46 feet and o central angle of 00'08'45"; thence run Westerly, olong the arc of said curve to the right, having ~ radius of 5,234.46 feet, through a central angle of 00'08'45", subtended by a chord of 13.32 feet at o bearing of South 75'.~4'13" West, for on arc length of 13..~2 feet to the end of said curve; thence South 86'51'39" West, along the Southerly Boundary of said Tract 93, for a distance of 325.30 feet; to the POINT OF' BEGINNING; Containing 0.667 acree, more or less. Notes: 1. This is not a survey. 2. Basis of bearing is plat. 3. Subject to easements, reservations and restrictions of record. 4. Not valid without Sheet 1 of 2 depicting Sketch of Description and bearing the original signature and embossed seal of a Florida registered Surveyor and Mopper. 5. All dimensions are plat unless otherwise noted. 6. * Note should be taken that on the plat of Golden Gate Estates, Unit 22, a 30' deficiency occurs in the block containing Tracts 110-125, and Tract and a 30' overage occurs in the block containing 78-109, and this is reflected in the calculations concerning this parcel. REVISED 01/31/02 ISCALE S NOTED 02/02 SKETCH AND DESCRIPTION WILKISON & ASSOCIATES INC. == ENGINERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643-2404 FAX NO. (941) 643-5173 FLORIDA BUSINESS UCENSE NO. 11457'70 SEC/SUB W.O. NO. DRAWN BY FILE NAME GGE 22 0014.1 EAW O0-018-O00. DWG SHEET FB PG CHECKED BY DWG. NO. 20F2 DJH IR-L-175A-2j FEB 2 Ii 2002 EXH rr ~ SmmL.E iNTEl:LEST .~---~ANDALL B ULEVARD ~:z_ d N 0 50 100 200 Notes: 1. This is not a survey. 2. Basis of bearing is plot. 3. Subject to easements, reservations and restrictions of record. 4. All dimensions are plat unless otherwise noted. Description: A portion of the west one-half of Tract 54, Golden C~3te Estates, Unit 23, according to the plat thereof as recorded in Plot Book 7, Page 9, Collier County, Florido, being more particularly described as follows: Beginning at the Northwesterly Corner of Tract 54, said point being the beginning of a curve, concave NortheHy, having a radius of 5,334.46 feet and a central angle of 00'46'10'; thence run Easterly, along the nrc of said curve to the left, having a radius of 5,334.46 feet, through a central angle of 00'46'10', subtended by a chord of 71.64 feet at a bearing of North 75'33'50' East, for on arc teagth of 71.64 feet to a point of compound cur~ture with a curve, concave Northerly; thence run Easterly, along the arc of said curve to the left, having a radius of 2,914.93 feet, through a central angle of 01'57'51", subtended by a chord of 99.64 feet at a bearing of North 74'11'59" East, for on arc length of 99.65 feet to the end of said curve, and the Northeasterly Corner of the West One--half of Tract 54; thence South 00'~9'10' West, along the Eostert¥ Boundary of the West One-half Tract 54, for a distance of 37.54 feet to a point on a circular curve, concave Northerly, whose radius point bears North 17'06'01' West, o distance of 4,590.18 feet therefrom; thence run Westerly, atong the arc of said curve to the right, having a radius of 4,390.18 feet, through o central angle of 02'16'21', subtended by a chord of 174.12 feet at a bearing of South 71'45'48' West, for an arc length of 174.13 feet to the end of said curve; thence North 0019'10' East, along the Westerly Boundary of said Tract 54, for a distance of 46.92 feet, to the POINT OF BEGINNING; Containing 0,159 acres, more or leas. Ii'I~I WlLKISON & ~ASSOCIATES I I INC. I ENGINEERS, SURVEYORS AND PLANNERS 35o6 ID(CHANO£ AVE. NAPLES, FL~ 341O4 (941) 643-2404 FAX NO. (941) 643-5173 FLORIDA BUSINESS UCENSE NO. LB5770 AS NOTED C,C~E 23 0014.1 DATE SHEET F'B PO 10/01 1 OF 1 DRAWN BY J FILE NAME EAW 1 00-018-OO0.DWG CHECKED BY DWi. NO. DJH IR-L-176 N AG EI~ ~,~__L~EM FEB 2 6 2002 FEE SIMPLE INTEREST 60' WIDE ROAO ~ENT N 89'37'56' W 25TH AVENUE N.W. 94 MOHAMMED M. RAHMAN FAHMIDA RAHMAN O.R. 24-79, PG. 5.33 N 89'57"56" W 557.59'" z RANDALL BOULEVARD I UNE TABLE L1 I 51.57' N 50'20'21" L2 I 31.69' N 71'31'20" NOT TO SCALE SCALE AS NOTED DATE 10/01 SEC/SUe (;GE 22 SHEET 1 OF2 D-AV1D J- RY.~J~I"r, P.S,J~'~FDR THE FIRM) ~E ORI~NAL RAI~B ~AL ~ A ~ORIDA SKETCH AND DESCRIP~ON WlLKISON ASSOCIATES NC.~ ENGINEERS, SU~ORS AND P~NERS 35os ~C~OE A~ ~S, ~. (9~1) ~2~ F~ NO. (941) ~3--5173 ~ORI~ SUSAN,S UCENSE NO. ~5770 W.O. NO. DRA~ BY ~ R~ N~E 0014.1 EAW J O0-018-O00.DWG I ~ PG CHE~ BY~ D~. NO. I DJH ~ IR-L-177-1 FEB 2 6 2002 FEE SIMPLE INTEREST Description: A portion of Tract 94 and 95, Golden Gate Estates, Unit 22, according to the plat thereof as recorded in Plat Book 7, Page 84, Collier County, Florida, being more porticulaHy described as follows: Beginning at the Southwesterly Corner of said Tract 94; thence North 00'19'10" East, along the Westerly Boundary of said Tract 94, which is also the centerline of = 80' wide drainage easement, for e distance of 64.72 feet to = point on = circular cu~e, concave Northwesterly, whose radius point beers North 18~8'49' West, o distance of 4,187.18 feet therefrom; thence run NortheesteHy, along the arc of said curve to the left, having = radius of 4,187.18 feet, through = central angle of 9~4'09", subtended by = chord of 674.22 feet =t o bearing of North 67'04'07" EQst, for =n arc length of 67~.95 feet to the end of said curve; thence North 30'20'21" East, for = distance of 51.57 feet; thence North 71'51'20" East, for = distance of 51.59 feet; thence South 00~9'10' West, olon~ the EesteHy Boundary of said Tract 95, which is elsa the contadina of 4th Street N.E., for = distance of 112.94 feet, to the Southeasterly Corner of said Tract 95 end to o point on = circular curve, concave Northerly, whose radius point beers No~h 29'06'20" West, = distance of 2,814.93 feet therefore; thence ~n Westerly, along the arc of said cu~e to the right, having a radius of 2,814.93 feet, through a central angle of 14~7'53', subtended by a chord of 700.64 feet at a bearing of South 6~'02'36" West, for an arc length of 702.46 feet to a point of compound curvature with a curve, concave NortheH~ thence run Westerly, along the arc of said curve to the right, having a radius of 5,254.46 feet, through a central angle of 00q8'18", subtended by a chord of 27.86 feet at a bearing of South 75'20'35" West, for an arc length of 27.86 feet, to the POINT OF BEGINNING; Containing 1.297 acres, more or Jess. Nates: 1. This is not a survey. 2. Basis of bearing is plat. 5. Subject to easements, reservations and restrictions of record. 4. Not valid without Sheet 1 of 2 depicting Sketch of Description and bearing the original signature and embossed seal of a Florida registered Surveyor and Mapper. 5. All dimensions ore plat unless otherwise noted. 6. * Note should be token that on the plat of Golden Gate Estates, Unit 22, a 50' deficiency occurs in the block containing Tracts 110-125, nnd Tract "A", and a .tO' overage occurs in the block cantaining 78-109, and this is reflected in the calculations concerning this parcel. SCALE AS NOTED DATE 10/01 SKETCH AND DESCRIPTION .~I~ WlLKISON &: ~l~I AS SO C IATES NC. m ENGINEERS, SURVEYORS AND PLANNERS 350S EXCH~N~£ AV~ N~PLES, FLA. 3410¢ (941) 643--2404 FAX NO. (941) 643-5173 FLORIDA BUSINESS LICENSE NO. LB5770 s[c/sus GGE 22 w.o. NO. 0014.1 20F2 DRAWN BY I R~ NAME EAW 100-018-O00-DWG CHECI(FnBy/ DWG. NO. DJH I IR-L-177-2j AGEND.~,ITEI~, .o. FEB 2 6 2002 FEE SIMPI~ INTEREST 1. ~is is not o surve . 2 Basis of bearina is olaf 5. Subject to ~a~ements, reservotionw and restfiction~ of record. ~. All dimensions ore pia~ unless o~herwise no~ed. ~escription: A portion of the EasteMy One-half of Tract Sa,. Golde~ Gate Estates, Unit 23. according to the plat thereof as recorded in Plat Book 7, Page 9, Collier County, Florida, being more particularly described as follows: Beginning at the Northwest Corner of said Easterly One-half of Tract 54, said point being the beginning af a curve, concave Northerly, having a radius of 2,914.9.3 feet nd a central angle of 02'06'00'; thence run Ecsterty, along the arc of said curve to the left, having a radius of 2,914.9,3 feet, through a central angle of 02'06'00", subtended by a chord of 106.85 feet at a bearin9 of North 72'10'14" East, for an arc length of 106.~a~ feet to the e~d af said curve, and the centerline of Randall Boulevard; thence South 89'~0'50' East, along the CenteHine of Randall Boulevard, for a distance of 17.51 feet, to a point on a circular curve, concave Northerly, whose radius point bear~ North 20'2T5,3" West, a distance of 4,566.18 feet therefrom; thence run WesteHy, along the arc of said curve to the right, having a radius of 4,366.18 feet, through o central angle of 0IT. T31', subtended by a chord of 111.14 feet at a bearing of South 68'48'22' West, for an arc length of 111.14 feet to the end of said curve: thence South 00'19'10° East, a dletonce of 25.61 feet, to a point on a circular curve, concave Northerly, whose radius point bears North 20'09'31' West, a distance of 4-,390.18 feet therefrom; thence run WesteHy, alan9 the arc of said cur~e to the right, having a radius of 4,,390.18 feet, through a central angle of 00~11'21'. subtended by a chord of 14.50 feet at a bearing of South 69~44'48' West, for an arc length of 14.50 feet to the end of said curve; thence North 00-19'10' East, along the Westerly Boundary of the Easterly One--half of Tract 54-, for a distance of 37.54 feet, to .the FrOINT OF BEGINNING; Containing 0.050 acres, more or NOT VALID ~[.I~'"¥HE ~GNA'11JRE AND 'THE ORIGINAL RAISI~D 'SIAL 0¢ A FLORIDA UCENSED suFrv~YOR AND SKF'TCH AND DFSCRIPTION SeC/SUB GGE 23 WILKISON &: ~~111~ ASSOCIATES INC. am SCALE AS NOTED DATE ~o/m SHEET FB PG 1 OF1 ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34-104 (941) 643-240¢ FAX NO. (941) 545-5173 FLORIDA BUSINESS UCENSE NO. IR5770 W.O. NO. DRAWN BY FILE NAME 0014.1 EAW O0-018-O00.DWG CHEO(ED BY DWG, NO. DJH IR-L-178 AGEI¥~, No. 1 FEB 2 6 2002 EXHIBIT. FEE SIMPLE INTEREST I ' ~ LIO NOT TO SCALE PARCEL 178A ! ~RIGHT OF WAY UNE UNE DASD NOT V~D ~T ~E SI~A~RE AND ~E ~IGIN~ RNS~'~AL ~ A ~ORIDA UC~ SUR~ AND MAPPER SKETCH AND DESCRIP~ON ll~ WILKISON & ~ASSOCIATES I I INC. I ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643-2404 FAX NO. (941) 643-5173 FLORIDA BUSINESS LICENSE NO. I_B5770 SCALE SEC/SUB W.O. NO. DRAWN BY FILE NAME AS NOTED 22/48/27 0014.1 EAW 00-018-000.D¥,~ DATE SHEET FEi PG CHECKED BY DWG. NO. 10/01 1 OF 5 DJH IR-L-17BA-l~/ REVISED 2/18/02 REVISED 2/13/02 FEE S|IIPLE INTEREST EXHIBIT ~ 20 _,~.,.,eT_ LINE TABLE LINE LENGTH BEARING L1 11.8.3 SO0'O0'02"W L2 1241.60 N88'O9'11'W L3 28.12 NOl'49'O5"E LC 21.21 N27'57'55"W L5 19.57 N27'57'55"W L6 20.85 N45'39'1 L7 238.27 NOO'OO'O2"E L8 25.00 S89'59'58"E L9 282.89 SO0'O0'02"W LIO 10.18 N89'22'29"W Lll 10.00 ~ S78'36'59"E CURVE TABLE CURVE RADIUS DELTA ARC LENGTH CHORD BEARING CHORD C1 242.00 60'13'02" 254.34 N58'O4'22"W 242.79 C2 2914.93 60'58'06" 3101.77 N 30'29'05"E 2957.49 C3 40.00 49'27'30" 34.5,5 N 24'43'47"E 33.47 C4 2947.79 10'45'30" 553.50 S06'00'13"W 552.69 C5 2957.79 50'05'09"1 2585.59 S36'25'36"W 2504.05 Notes: 1. This is not o survey. 2. Basis of bearing is plat. 3. Subject to easements, reservations and restrictions of record. 4. Not valid without Sheet 1 of .3 depicting Sketch of Description and bearing the original signature and embossed seal of o F'lorido registered Surveyor and Mopper. SKETCH AND DESCRIPTION WILKISON & TES NCoI ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643-2404 FAX NO. (941) 643-5173 FLORIDA BUSINESS LICENSE NO. LB5770 SCALE j SEC/SUB AS NOTED 22/48/2'7 I DATE SHEET REVISED 2/18/02 REV1SED 2/13/02 / U/LJ/ W.O. NO. DRAWN BY FILE NAME 0014.1 EAW O0-018-O00,DWG FB PG CHECKED BY DWG. NO, DJH IR-L-178A-2 ,~ FEE SIMPLE INTEREST EXHIBIT Description: A portion of Section 22, and Section 23, Township 48 South, Range 27 East, Collier County, Florida, being more particulaHy described as follows: Commence at the Southeast Corner of said Section 22; thence South 00'00'02" West, atong the Easterly Line of Section 27, Township 48 South, Range 27 East, for a distance of 11.83 feet, to a point on the Northerly Right of Way Line of Randalt Boulevard; thence North 88'09'11" West, along said Northerly Right of Way Line, for a distance of 1,241.60 feet; thence North 01'49'05" East, for o distance of 28.12 feet to a point on a circular curve, concave Northeasterly, whose radius point bears North 01'49'11" East, a distance of 242.00 feet therefrom; thence run NorthwesteHy, along the arc of said curve to the right, having a radius of 242.00 feet, through a central angle of 60'1.3'02", subtended by a chord of 242.79 feet at a bearing of North 58'04'22" West, for an arc length of 254.34 to the end of said curve; thence North 27'57'55" West, for a distance of 21.21 feet, to the POINT OF BEGINNING of the herein described parcel; thence continuing North 27'57'55" West, for a distance of 19.57 feet; thence North 45',:39'16" East, for a distance of 20.85 feet to a point on a circular curve, concave Northwesterly, whose radius point bears North 29'01'52" West, a distance of 2,914.93 feet therefrom; thence run Northeasterly, along the arc of said curve to the left, having a radius of 2,914.95 feet, through a central angle of 60'58'06", subtended by a chord of 2,957.49 feet at a bearing of North 30'29'05" East, for an arc length of 3,101.77 feet to the end of said curve; thence North 00'00'02" East, for o distance of 238.27 feet, to the southerly Right of Way Line of Orangetree Boulevard; thence South 89'59'58" East, for a distance of 25.00 feet to a point on a circular curve, concave Southeasterly, whose radius point bears South 89'59'58" East, a distance of 40.00 feet therefrom; thence run Northeasterly, along the arc of said curve to the right, having a radius of 40.00 feet, through o central angle of 49'27'30", subtended by a chord of 33.47 feet at a bearing of North 24'43'47" East, for an arc length of 34.53 feet to the end of said curve; thence South 00'00'02" West, for a distance of 282.89 feet; thence North 89'22'29" West, for a distance of 10.18 feet to a )oint on a circular curve, concave Westerly, whose radius point bears North 89'22'52" West, a distance of 2,947.79 feet therefrom; thence run Southerly, along the arc of said curve to the right, having a radius of 2,947.79 feet, through a central angle of 10'45'50", subtended by a chord of 552.69 feet at a bearing of South 06'00'13" West, for an arc length of 553.50 feet to the end of said curve; thence South 78'56'59" East, for a distance of 10.00 feet to a point on a circular curve, concave Northwesterly, whose radius point bears North 78'36'59" West, a distance of 2,957.79 feet therefrom; thence run Southwesterly, along the arc of said curve to the right, having a radius of 2,957.79 feet, through a central angle of 50'05'09", subtended by o chord of 2,504.05 feet at a bearing of South 36'25'56" West, for on arc length of 2,585.59 feet to the end of said curve; and the POINT OF BEGINNING; Containing 2.515 acres, more or less. I !',2 ' ~:~ SCALE l AS NOTE. D I DAT~ REVISED 2/18/02 ~ ~ c]/~1 REVtSED 2/13/02] . v,. ~. SKETCH AND DESCRIPTION lj, jjlj, WILKISON &: ~ASSOCIATES ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FI_A. 34104 (941) 643-2404 FAX NO. (941) 643-5173 FLORIDA BUSINESS LICENSE NO. LB5770 SEC/SUe W.O. NO. 22/48/27 0014.1 SHEET FB PG 30F3 DRAWN BY [ FILE NAME RAW I 00-018-000-D~'. CHECKED BY DWG. NO. DJH IR-L-178A-3~ FEE SIMPLE INTEREST 14'~6,t ~" O.R. 800K 2229, PAGE 104,3 1489'53'08"W &=00'26'15' PA~C£/ 1 ORANGETREE UNIT THREE ?,% w I N~9'53'qS"W 14.00'~ A(~.4~3A n'EM No. '~ )~--"~ t FEB 2 b'(" 02 Pg' SCALE ~S NOTED DATE ~o/m 0 50 100 150 SEC/SUB W.O. NO, I OT5 0014..1 SHEET FB PG I OF2 NOT VAUD ~ll40UT. ~E SIGNA~RE AND ~E ~I~NAL RAIS~ ~ OF A ~ORIDA U~NSED SUR~YOR AND MAPP~ SKETCH AND DESCRIP~ON WILKISON ASSOCIATES INC. I ENGINEERS, SU~ORS AND P~NNERS (941) 643-2404 F~ NO. (941) ~5-5175 ~ORIDA BUSINESS UC~SE NO. ~5770 DRA~ BY I R~ NAME I EAW I 0~018-000.DWG ~E~ BY D~. NO. DJH IR-L-178B-1 ~ FEE SIMPLE INTEREST Description: A portion of Parcel 1, Orangetree Unit Three, Citrus Green Section, Phase 1-A according to the plat thereof as recorded in Plat Book 14, Page 121, Collier County, Florida, being more particularly described as follows: Beginning at the Southwesterly Corner of said Parcel 1; thence North 00'00'02" East, for (3 distance of 804.95 feet, to the Southwesterly Corner of the lands described in Official Records Book 2229, Page 1045, of the Public Records of Collier County, Florida; thence South 89'53'08" East, along the Southerly Boundary of said lands described, for a distance of 14.;36 feet to a point on a circular curve, concave Easterly, whose radius point be(3rs South 89'53'4.5" East, a distance of 12,184.67 feet therefrom; [hence run Southerly, along the arc of said curve to the left, having a radius of 12,184.67 feet, through a central angle of 00'26'15', subtended by a chord of 95.04 feet at a bearing of South 00'15'10" West, for an arc length of 95.04 feet to the end of said curve; thence South 00'00'02" West, for a distance of 241.65 feet; thence North 89'55'08" West, for o distance of 10.00 feet; thence South 00'00'02" West, for a distance of 470.25 feet; thence North 89'55'08" West, along the Southerly Boundary of said Parcel 1, for a distance of 4.00 feet, to the POINT OF BEGINNING; Containing 0.151 acres, more or less. Notes: 1. This is not a survey. 2. Basis of bearing is plat. 5. Subject to easements, reservations and restrictions of record. 4. Not valid without Sheet 1 of 2 depicting Sketch of Description and bearing the original signature and embossed seal of a Florida registered Surveyor and Mapper. .5. All dimensions are plat unless otherwise noted. SCALE SKETCH AND DESCRIPTION ~I~~ WILKISON & ~ASSOCIATES W W ~INC. I ENGINEERS, SURVEYORS AND PLANNERS 350S EXCHANGE AV~_ NAPLES. FL~ 34104 (941) 643-2404 FAX NO. (941) 6~3-5173 FLORIDA BUSINESS UCENSE NO. I_B5770 w.o..o.I I OT3 0014.1 EAW I 00-018-O00.DWG SHEET F~ PG CHECI(ED BY/ DWG. NO. 2 OF 2 DJH / IR-L-178B-2j AGI~h~A ITEM NO. |L'.~'- .. FEB 2 6 2O02 S 89'40'50" E 1431.09'* FEE SIMPT F. KNTEREST NOT TO SCALE L2 UNE TABLE LiNE LENGTH BEARING L1 761.88 NOO'19'10'E L2 426.54 S89'10'4~3'E L5 .381.14 S00'19'10'W Lb 50.10 SB9'40'50'W P.O.B. RANDALL BOULEVARD CURVE TABLE CURVE RADIUS DELTA ARC LENGTH CHORD BEARING CHORD Cl 2769.79 ~7'15'01' 2284.18 N25'47'O3'E 2220.00 C2' 2943,18 56~0°57' 2894.55 S31'i 8'41'W 2779.50 SCALE AS NOTED DATE lO/m D~VID J. HYA/'~I?-.P.S~L*FOR.'THE FIRM) __ FLA. UC. NO~' 5a34~;/ - NOT VAUD WITHOUT' THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA UCENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION WILKI$ON & ~IBI~ ASSOCIATES INC. ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 64;3-2404 FAX NO. (941) 64.3-5175 FLORIDA BUSINESS UCENSE NO, LB5770 SEC/SUB ! w.o. NO. DRAWN BY I FILE NAME I GGE 22 0014.1 EAW I I SHEET FB PG CHECKED BY DING. NO. 1 OF 2 DJH 00-018-O00. DWG IR-L-179-1 J A G EN, D,A ITEM No._ I() C FE9 2 6 2O02 FEE SIMPLE INTEREST )tion: I~A IZ[t C I q ~ A portion of Tract "A", Golden Gate Estates, Unit 22, according to the plat thereof as recorded in Plot Book 7, Page 84, Collier County, Florida, being more particularly described as follows: Beginning at the Southwesterly Corner of said Tract "A"; thence North 00'19'10" East, along the westerly boundary of said Tract "A", which is also the centertine of 4th Street N.E., for a distance of 761.88 feet; thence South 89'10'40" East, for a distance of 426.54 feet; thence South 00'19'10" West, a distance of 381.14 feet, to a point on a circular curve, concave Northwesterly, whose radius point bears North 40'35'26" West, a distance of 2,769.79 feet therefrom; thence run NortheosteHy, along the arc of said curve to the left, having a radius of 2,769.79 feet, through a central angle of 47'15'01", subtended by a chord of 2,220.00 feet at a bearing of North 25'47'05" East, for an arc length of 2,284.18 feet to the end of said curve, and a point on the NortheHy Boundary of said Tract "A"; thence South 89'40'50" East, along the Northerly Boundary of said Tract 'A", for a distance of 50.10 feet to a point on a circular curve, concave Northwesterly, whose radius point bears North 86'51'47" West, a distance of 2,943.18 feet therefrom; thence run Southwesterly, along the arc of said curve to the right, having a radius of 2,943.18 feet, through a central angle of 56'20'57", subtended by a chord of 2,779.50 feet at a bearing of South 31'18'41" West, for an arc length of 2,894.55 feet, to the POINT OF BEGINNING; Containing 9.615 acres, more or less. Notes: 1. This is not a survey. 2. Bosis of beoring is plot. .3. Subject to eosements, reservotions ond restrictions of record. 4. Not volid without Sheet 1 of 2 depicting Sketch of Description ond beoring the originol signoture ond embossed seol of o FIorido registered Surveyor ond Mopper. 5. All dimensions ore plot unless otherwise noted. 6. * Note should be token thor on the plot of Golden Gore Estotes, Unit 22, o .30' deficiency occurs in the block contoining Trocts 110-125, ond Troct "A", ond o .30' overoge occurs in the block contoining 78-109, ond this is reflected in the colculotions concerning this porcel. SKETCH AND DESCRIPTION l~I~ WILKISON &: ~I~I, ASSOC IAT E S ,~ ~INC. I ENGINEERS. SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643-2404 FAX NO. (941) 6~3--5173 FLORIDA BUSINESS UCENSE NO, LB5770 SCALE AS NOTED DATE 10/01 SEC/SUB GGE 22 SHFFT 20F2 0014.1 EAW 00-018-O00.DWG FB PG CHECKED BY D~G. NO. DJH IR-L-179-2 ~ SL-~[PL~ [~'~R~ST N 00'19'10' E 5.,~0.00' Z 118 ANDY R. MORGAN BEVERLEY E. MORGAN O.R. 1106, PG. 405 N 0~"50'15' W IMMOKALEE ROAD S.R. 846 ~ ~ · ~. .. ~ o~ 020 g AGENJ;~ ITeM .o._ FEB ? $ 2002 Z FEE SIMPLE I)qTE~ST Z N 00'19'10' E 330. OO' IMM OKAL£F-- ROAD 119 MIKE MILLER, TRUSTEE CC AGENi~{TE_.M NO. FEB 2 6 2002 J ~0' U.E ORANGETREE BOULEVARD DESCRIPTION: THE EASTERLY 4.00 FEET OF TRACT "A", LAKE LUCERNE, AS RECORDED IN PLAT BOOK 24, PAGES 4~ THROUGH 4.9, OF THE PUBLIC RECORDS OF' COLLIER COUNTY, FLORIDA. CONTAINING 0.093 ACRES MORE OR LESS. SCALE AS NOTED J DATE: J NOT TO SCALE Notes: 1. This is not a survey. 2. Basis of bearing is plat. 3. Subject to easements, reservations and restrictions of record. 4. Not valid without Sheet 1 of 2 depicting Sketch of Description and bearing the original signature and embossed seal of a Florida registered Surveyor and Mopper. 5. All dimensions are plat unless otherwise noted. NOT VALID WITHOUT' THE SIGNATURE AND THE ORIGINAL RAISED SE:AL OF A ~ORIDA UCEN~ ~R~R AND MAPPER SKETCH AND DESCRIP~ON WILK N ~ ASSOCIATES ENGINEERS, SU~ORS AND P~NNERS 3506 ~CHANGE A~. ~P~S, ~. 5~104 (941) 643-2404 F~ NO. (941) 643-5173 FLORIDA BUSINESS UCENSE NO. LB5770 SEC/SUB W.O. NO. DRAWN BY F1LE NAME LLUCRNE 0014,1 EAW O0-018-O00.DWG SHEET FB PG CHECKED BY DING. NO. 1 OF1 DJH IR-L-182 FEB 2 6 2002 ~ 0 N 00'19'10' E 330.00' 120 LARRY VALENTE CONSIGLIO N. GIRURASTANTE Z (~~ z AGENDA,ITEM FEB 2 6 2002 ~ Z ~ $]]V[PL~ ~$T FEB 2 B 2002 FEE SIMPLE ~TEREST z N 00'19'10" E 122 MANUEL ALVAREZ IDAYME SANTOS OR 1257, PG 185,3 z AGEN[~TE~., No. I~ ~,~ FEB 2 6 2002 Pg. _ ,~ ~ z ~ .-< z FEE SIMPLE RqTEREST Z N 0099'10' E 330.00' 125 FRANK RUFFOLO JEANINE F. RUFFOLO O.R. 2.335, PG. 455 PARCEL ~86 · --- $ OV~O'lS' Ir IMMOKAL£E ROAD Z FEB 2 6 2002 0 ~ 0 0 ~3 ~ ~ .o ~ z IPA~C~ L FEE SIMPLE I]'4TER.EST ] LO .,.]5 CD N 00'19'10' E 550.00' 124 JOSEPH L. DOV1 GERALDINE DOVI O.R. 924, PG. 564 Z ×m IMMOKAL££ ROAD FEB 2 6 2002 pg. I::,,~ ~:c ~: t_ J~8' FEE SIMPLE INTEREST POINT OF COMMENCEMENT: N.W. CORNER OF SECTION _..23-48--27 OIL WELL ROAD P.O.B. S.R. 858 ? / c~ . . 1524, PG. 2370 / ~ ~E LAND DESCRIBED IN / O.R. BOOK 2229, PAGE 1043 Z LO LINE TABLE UNE LENGTH BEARING L1 75.15 $89 .'53'08'E ~.2 50.00 S00'06'52'W L3 18.64 589'53'08"E L4. 14,36 N89'53'OB"W L5 24,5.00 NOO'OO'O2'E ~UTH R.O.W. UNE CURVE TABLE I CURV~ RAD,USIDELTAmARC L~NCTHICHO~D 8EAR,NCI C"ORD I C1 12184.67 1'09'08"I 245.03 S01'00'51'W I 245.03 I C2 25.00 0'06'50" 0.05 S89'53°08'E 0.05 4O 8O 120 iSCALE AS NOTED ' DATE lO/Ol sic/suB OT3 SHEET 1 OF2 THE ORIGINAL RAISED ~AL OF A FLORIDA UCENSED $3JRVE'YOR AND MAPPER SKETCH AND DESCRIPTION WILKISON ASSOCIATES INC. mm ENGINEERS, SURVEYORS AND PLANNERS ;5506 EXCHANGE AVE. NAPI..E~, FLA. 34104 (941) 643-2404, FAX NO. (941) 643-5173 FLORIDA BUSINESS LICENSE NO. LB5770 woo. NO. DRAWN BY FILE NAME 0014.1 EAW I O0-018-O00.DWG I FEi PG CHECKED BY DWG. NO. DJH IR-L-188--1 AGEI~ I T E~..~ FEB 2 6 2002 FEE SIMPLE INTEREST =tion: p~gc ~-L i~ A portion of Parcel 1, Orangetree Unit Three, Citrus Green Section, Phase 1-A according to the plot thereof as recorcied in Plat Book 14, Page 121, Collier County, Florida, being more particulady described as follows: Commence at the Northwest Comer of Section 25, Township 48 South, Range 27 East, Collier County, Florida; thence South 89'5.3'08" East, along the North line of said Section 25, for a distance of 75.15 feet; thence South 00'06'52" West, for a distance of 50.00 feet, to the Southerly Right-of-Way Line of State Rood 858 (Oil Well Road) and the Northerly Boundary of the lands described in Official Records Book 2229, Page 104.3, of the Public Records of Collier County Florida and the POINT OF BEGINNING of the herein described parcel; thence South 89'5.3'08" East, along the Northerly Boundary of the said described lands, and along the Southerly Right-of-Way Line of State Road 858 (Oil Well Road, for a distance of 18.64 feet to a point on a circular curve, concave EasteHy, whose radius point bears South 88'2¢'55" East, a distance of 12,184.67 feet therefrom; thence run Southerly, along the arc of said curve to the left, having a radius of 12,184.67 feet, through a central angle of 01'09'08', subtended by a chord of 245.0`3 feet at a bearing of South 01'00'51" West, for an arc length of 245.0;3 feet to the end of said curve to the Southerly Boundary of said described land; thence North 89'53'08" West, along the Southerly Boundary of the said described land, for a distance of 14..36 feet, to a point on the Easterly Right-of-Way line for Immokalee Rood, as dedicated on the said plat of Orangetree Unit Three; thence North 00'00'02" East, along said Easterly Right-of-Way line, for a distance of 245.00 feet to o point on a circular curve, concave Southerly, whose radius point bears South 00'03'24" West, a distance of 25.00 feet therefrom; thence run Easterly, along the arc of said curve to the right, having a radius of 25.00 feet, through a central angle of 00'06'56", subtended by a chord of 0.05 feet at a bearing of South 89'55'08" East, for an arc length of 0.05 feet, to the POINT OF BEGINNING; Containing 0.091 acres, more or less. Notes: 1. This is not a survey. 2. Basis of bearing is plat. 3. Subject to easements, reservations and restrictions ,of record. 4. Not vaiid without Sheet 1 of 2 depicting Sketch of Description and bearing the original signature and embossed seal of a Florida registered Surveyor and Mapper. 5. All dimensions are plat unless otherwise noted. SCALE J SKETCH AND DESCRIPTION .~11~ WILKISON & ~~BI~ ASSOCIATES ~ ~NC.m ENGINEERS, SURVEYORS AND PLANNERS 5506 EXCHANGE AVE. NAPLES, FLA. 54104. (941) 643-2404 FAX NO. (,941) 643-5173 FLORIDA BUSINESS UCENSE NO. LB5770 SEC/SUB W.O. NO, J OT3 0014.1 SHEET FB PG 20F2 DRAW~I BY J FILE NAME EAW J O0-018-O00.DWG CHECKFn BY J DWG. NO. DJH J iR-L-188-2 AGEI4J~tk ITEM FEB 2 6 2002 ~ SLVI~E~ I:N'I'~P~ST Z Z N O0'Tg~Io' £ PAUL MASTERS TERESA A. MASTERS S Ol"~JO'15' E IMMOKALEE ROAD S.R. 846 Z Z FEB 2 6 2002 P.O.B. 'i Notes: S89'53'08"E 9.02' R=12,214.67 L=330.90 f Tan=165.47 A=l '33'08" R=25.00 L=27.30 Tan=IS.19 f ~-62'33'57" OIL WELL RO__AD___ 1. This is not a survey. Description: ~ SDvI~.F. I~rYEREST NOT TO SCALE A portion of Tract 'C", Waterways of Naples, Unit Two, according to the plat thereof as recorded in Plot Book 29, Pages 71 through 74 of the Public Records of Collier County, Florida, being more particularly described as follows: Beginning at the Northwesterly Comer of said Tract "C"; thence South 89"5.3'08" East, along the Northerly Boundary of said Tract "C", for a distance of 9.02 feet; thence South 03'35'47" West, for a distance of 1,493.87 feet to the beginning of a tangential circular curve, concave Easterly; thence run Southerly, along the arc of said curve to the left, having a radius of 12,214.67 feet, through a central angle of 01'33'08", subtended by a chord of 330.89 feet at a bearing of South 02'49'13" West, for an arc length of 330.90 feet to a point on the Southerly Boundary of said Tract "C", and the Northerly Right of Way Line of State Road 848 (Oil Well Road), and on a circular curve, concave Northeasterly, whose radius point bears North 31'01'50" East, a distance of 25.00 feet therefrom; thence run Northwesterly, along the arc of said curve to the right, and along the Southerly Border of said Tract "C", having a radius of 25.00 feet, through a central angle of 62'33'57", subtended by a chord of 25.96 feet at a bearing of North 27'41'12" West, for on arc length of 27.30 feet to the end of said curve; thence North'03'35'47" East, along the Westerly Boundary of said Tract "C", for a distance of 1,801.99 feet, to the POINT OF BEGINNING; Containing 0.386 acres, more or less. 2. Basis of bearing is plat. ;5. Subject to easements, reser~/~3tions and restrictions of record. 4. All dimensions ore plot, unless otherwise noted. DX~ J. HYAT"~P.$:M,/~OR 3HE FIRM) FLA. uc. NO. ~854 // NOT v~ ~ ~E ~A~RE ~D ~E ~ R~S~ ~ ~ A ~OA U~S~ ~R~ ~D MAPPER SKETCH AND DESCRIP~ON ~~ WILKISON &: ~ ASSOCIATES ! ! ~NC. m ENGINEI'-'RS, SURVEYORS AND PI.AhmNERS 3506 EXCHANGE AVE. NAPLES,. FLA. 54-104, (941) 643--24,04 FAX NO. (941) 643--5173 FLORIDA BUSINESS UCENSE NO. LB5770 AS NOT[DJ w~2 0014.1 DA'rE I SHEET F~ PG lO/01 I 1 OF 1 DRA~I BY I FILE NAME EAW I 00--018-O00. DWG CHECKED BYI DWG. NO. DJH / IR-L-190A AGEdlY, IT/E,M .o. W FEB 2 6 2002 ~_..P.O.B.~ S89'55'08"E '~~~.1 9.02' . ~ ~ ~C~.~ R=12,214.67 L=550.90 ~' Tan=165.47 ~-1'53'08" R=25.00 L=27.50 Tan=IS.19 /' ~=62'33'57" OIL WELL ROAD - -- ~R. 848 Notes: t. This is not a survey. 2. Basis of bearing is plat. Description: FEE SIMPLE II--ESl' NOT TO SCALE A portion of Tract 'C', Waterways of Naples, Unit Two, according to the plat thereof as recorded in Plat Book 29, Pages 71 through 74 of the Public Records of Collier County, Florida, being more particularly described os follows: Beginning at the Northwesterly Corner of said Tract "C"; thence South 89'53'08" East, along the Northerly Boundary af said Tract "C", for a distance of 9.02 feet; thence South 05'55'47' West, for a distance of 1,493.87 feet to the beginning of a tangential circular curve, concave Eastedy;, thence run Southerly, along the arc of said curve to the left, having a radius of 12,214.67 feet, through a central angle of 01'55'08", subtended by a chord of 550.89 feet at a bearing of South 02'49'15" West, for an arc length of 530.90 feet to a point on the Southerly Boundary of said Tract "C", and the Northerly Right of Way Line of State Road 848 (Oil Well Rood), and on a circular curve, concave Northeasterly, whose radius point bears North 51'01'50" East, a distance of 25.00 feet therefrom; thence run Northwesterly, along the arc of said curve to the right, and along the Southerly Border of said Tract "C", having a radius of 25.00 feet, through o central angle of 62'55'57", subtended by a chord of 25.96 feet at a bearing of North 27'41'12" West, for an arc length of 27.50 feet to the end of said curve; thence North 05'55'47" East, along the Westerly Boundary of said Tract "C", for o distance of 1,801.99 feet, to the POINT OF BEGINNING; Containing 0.586 acres, more or less. 5. Subject to easements, reservations and restrictions of record. 4. All dimensions are plat, unless otherwise noted. SCALE lAS NOTED JDATE I lO/01 NOT VA[JD W1THOUT THE SIGNATURE AND THE ORIGINAL RAISE]3 SEAL OF A FLORIDA UCENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION WILKISON TES NO. i ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643-2404 FAX NO. (941) 643-5173 FLORIDA BUSINESS UCENSE NO. LB5770 SEC/SUB DRAWN BY FILE NAME WW2 EAW 00-018-O00.DWG SHEET FB CHECKED BY DWi. NO. 1 OF1 W.O. NO. J 0014.1 PG DJH IR-L-19OA FEB 2 6 2002 PERPETUAL, NON- EXCLUSIVE DRAINAGE EASEMENT EXHIBIT p~~ N 7 O ~_~' Notes: WATERWAYS OF NAPLES UNIT TWO PLAT BOOK 29, PAGES 71-74- 0 25 5O 75 SCALE: 1"--50' A portion of Tract "C" of Waterways of Naples Unit Two as recorded in Plat Book 29 at Pages 71 through 74 of the Public Records of Collier County, Florida being more particularly described as follows: Commencing at the northwesterly most corner of said Tract "C" run South 01'18'26" West along the westerly boundary of said Tract "C" also being the easterly right of way line of Immokolee Rood for o distance of 1169.46 feet; thence run South 88'41':34" East for o distance of 9.00 feet to the Point of Beginning; thence continue South 88'41':34" East for 93.00 feet; thence South 01'18'26" West for e distance of 50.00 feet; thence North 88'41'34" West for o distance of 9:3.00 feet; Thence run North 01'1B'26" East for o distance of 50.00 feet to the Point of Beginning. Containing 0.107 acres more or less 1. This is not o survey. 2. Basis of bearing is state plane coordinates, Florida East Zone. .3. Subject to easements, reservations and restrictions of record. 4. All dimensions are plat unless otherwise noted. NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISF-D SEAL OF A FLORIDA UC~NSED SURV~OR ANO MAPPER SKETCH AND DESCRIPTION lJ~l~ WILKISON &: ~ ASSOCIATES ENGINEERS. SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (94-1) 643-2404- FAX NO. (94-1) 64-3-5173 FLORIDA BUSINESS LICENSE NO. LB5770 RE~qSE~ 2/18/02 SCALE SEC/SUB W.O. NO. DRAWN BY FILE NAME AS NOTED WATERW 0014.1 EAW 0014-890A. DWG DA3E: SHEET FB PG CHECKED BY DWG. NO. 01/02 I OF 1 DJH IR-L-B90A Ill FEE SIMPLE iNTEREST R=SQ.O0 L==30.4~ Tan=IS.75 ~=54'55°26' $88'41' 54'E TRA C T 12.00' WATERWAYS OF NAPLES UNIT FOUR P.B. 31, PG. 39-4.2 ~,y, r_--C~. ~o' u.E. ~50.00 L=47.60 Tan--25.78 P.O.B. ~=54'52'58' Description: 0 50 100 150 A portion of Tract "A", Waterways of Naples, Unit Four, according to the plat thereof os recorded in Plat Book 51, Pages 39 through 42, Collier County, Florida, being mare particularly described as follows: Beginning at the Southwesterly Corner of said Tract "A"; thence North 01'18'26" East, along the Westerly Boundary of said Tract "A", for a distance of 252.01 feet, to the Northwesterly Corner of said Tract "A", and to a point on a circular curve, concave Easterly, whose radius point bears South 88'41'03" East, a distance of 50.00 feet therefrom; thence run Southerly, along the arc of said curve to the left, having a radius of 50.00 feet, through a central angle of 34'55'26", subtended by a chord of 50.01 feet at a bearing of South 16'08'46" East, for an arc length of 30.48 feet to the end of said curve; thence South 01'18'26" West, for a distance of 87.,38 feet; thence South 88'41'54" East, for a distance of 12.00 feet; thence South 01'18'26' West, for a distance of 75.27 feet to a point on o circular curve, concave Southeasterly, whose radius point bears South 34'08'55" East, a distance of 50.00 feet therefrom; thence run Southwesterly, along the arc of said curve to the left, having a radius of 50.00 feet, through a central angle of 54'52'58", subtended by a chord of 45.85 feet at a bearing of South 28'34'.55" West, for an arc length of 47.60 feet, to the POINT OF BEGINNING; Containing 0.062 acres, more or less. Notes: 1. This is not a survey. 2. Basis of bearing is plat. 5. Subject to easements, reservations and restrictions of record. 4. All dimensions are plat unless otherwise noted. I IS.Er j O/Ol |IOF FLA. LIC. NOT VALID WITHOUT THE SIGNATURE AND THE ORK~NAL RAISED SEAJ. OF' A F'LORIDA UCENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION WILKISON & ASSOCIATES INC. m ENGINEERS, SURVEYORS AND PLANNERS 3506 D(CHANGE AVE. NAPLES FLA. 3~.1o4 (941) 0~.3-24434 FAX NO. (941') 643-5173 FLORIDA BUSINESS UCENSE NO. LB5770 W.O, NO. DRAWN BY J FILE NAUE 0014.1 EAW I O0-018-O00. DWG FB PG CHECI~'D BY DWO. NO. DJH IR--L-lgOB Y AGEUJ~ iT~.~ NO.__ !k-" C FEB 2 6 2002 pERPETUAL, NON°EXOLU$1¥E DFL~INAGE EASEMENT ] I N ores: 0 25 50 75 SCALE: 1"=50' A portion of Tract "B" of Waterways of Naples Unit Seven as recorded in Plat Book 36 at Pages 72 through 77 of the Public Records of Collier County, Florida being more particularly described as follows: Commencing at the northwesterly most corner of said Tract "B" run South 01~18'56'' West along the westerly boundary of said Tract "B" dso being the easterly boundary of Tract "E" of said Waterways Unit 7, for a distance of 1211.39 feet to the Point of Beginning; thence run South 88'51'04" East for 71.00 feet; thence South 01'08'56" West for a distance of 50.00 feet; thence North 88'51'04" West for a distance of 71.00 feet; Thence run North 01'08'56" East for o distance of 50.00 feet to the Point of Beginning. Containing 0.081 acres more or less 1. This is not a survey. 2. Basis of bearing is state plane coordinates Florida East Zone. 3. Subject to easements, reservations and restrictions of [~AV~D J. H/~AT~./J~S.M. (FOR THE FIRM) FLA. uc. No. r;~34 NOT VAUD W~TROUT THE SIGNATURE AND THE ORIGINAL RAISED SE.~J_ 0¢ A FLORIDA liCENSED SURVEYOR AND MAPPER record. 4. All dimensions are plat unles~ othni~e noted. 5. I_M.E. Refers to Lake Maintenance Easement. SCALE AS NOTED DATE 01/02 SKETCH AND DESCRIPTION IJ~ WlLKISON & ~ ASSOCIATES W I INC. m ENGINEERS, SURVEYORS AND PLANNERS ;3506 EXCHANGE AVE. NAPLES, FLA. 34104 (94-1) 643--240¢ FAX NO. (941) 643-5173 FLORIDA BUSINESS UCENSE NO. LB5770 SEC/SUB W.O. NO.J OaAWN BY J FII.~ NAME WATERW 0014.1 EAW I O014--890C.DWG SHEET FB PG CHECKED BY J DWi. NO. 1 OF 1 DJH ~ IR-L-890C FEB 2 6 2002 1 FEE SPMPLE INTEREST R=,~tO. O0 L=47.60 0 UIVlT FOUI~ .... P.B. 31, PG. ,,T9--42 .,,- 20' LANDSCAPE BU~ F_ASEMENT ~! ~'w ~ z~ 'o 3.00' ~ ~ 9.00' N 0 50 100 150 3'08"W 9.02' i SCALE AS NOTED ' DATE SHE:ET 10/O1 1 OF 2 SEC/SUB WATERW DAVID J. HYJ~'T. ~..'.~. (FOR THE FIRM) FLA. UC. NO'..583~ NOT VAMD WITHOOT THE SIGNATURE AND THE ORIGINAL RAISE'D SEAL OF' A FLORIDA UCENSED SURVE'Y~ AND MAPPER SKETCH AND DESCRIPTION iWlLKISO N &:: TES [NC. ~ ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34.104. (94-1) 64.3-24.04 FAX NO. (94.1) 643-517,.3 FLORIDA BUSINESS UCENSE NO. LB5770 W.O. NO. DRAWN BY J FILE NAME I 0014.1 EAW F'B PG CHECKED BY DWG. NO. DJH O0-018-O00.DWG IR-L-190D-1 AGENpMT_~EM FEB 2 6 2002 Pg FEE SIMPLE INTEREST Description: p/c~.c ~(. 1 '~0/) A portion of Tract "C', Waterways of Naples, Unit Three, according to the pl(3t thereof as recorded in Plot Book 31, Pages 55 through 38 , Collier County, Florida, being more particul(3Hy described os follows: Beginning at the SouthwesteHy Corner of said Tract 'C"; thence North 03'55'47" East, along the Westerly Boundary Line of said Tract "C", for (3 dist(3nce of 630.67 feet to the beginning of o tangential circular curve, concave SoutheosteHy; thence run NortheosteHy, along the arc of s(3id curve to the right, having a radius of 50.00 feet, through (3 central (3ngle of 54'.32'58', subtended by o chord of 45.85 feet at o be(3ring of North 30'52'16" East, for on arc length of 47.60 feet to the end of curve; thence South 05'55'47" West, for a distance of 215.87 feet; thence North 86'24'13" West, for a distance of 3.00 feet; thence South 05'35'47" West, for o distance of 200.00 feet; thence North 86'24'15" West, for (3 distance of 9.00 feet; thence South 03'35'47" West, for o distance of 254.98 feet; thence North 89'55'08" West, otong the SoutheHy Boundary of said Tr(3ct "C", for a dist(3nce of 9.02 feet, to the POINT OF BEGINNING; Containing 0.234 acres, more or tess. Notes: 1. This is not a survey. 2. Basis of bearing is plot. 3. Subject to easements, reservations and restrictions of record. 4. Not valid without Sheet 1 of 2 depicting Sketch of Description and bearing the original signature and embossed seal of o Florida registered Surveyor and Mapper. 5. All dimensions are plat unless otherwise noted. SCALE lAS NOTED 11O/Ol SKETCH AND DESCRIPTION ~ ASSOCIATES ENGINEERS, SURVEYORS AND PLANNERS 350S EXC~NC[ AVE. ~PLES, FL~ 34104 (94.1) 643--2404 FAX NO. (941) 643--5173 FLORIDA BUSINESS LICENSE NO. LB5770 SEC/SUB I W.O. NO.I DRAWN BYI FILE NAME TEMPORARY CONSTRUCTION 0 50 100 150 UNE TABLE UNE LENGTH BEARING L1 75.27 NOl'lB'26'E !-2 10.00 S88'41 '34'E L3 69.75 S01 '18'26'W CURVE TABLE i CURVEIRADiUSI DELTA IARC LENGTHICHORD BEARiNGI CHORD J [ c~ 150,00 54.32,5B-I 47.60 N2S.54'55-E I 45.83I ~ C2 I 50.00 15'07'01' 11.45 S62'24'54"W 11.42 SCALE lAS NOTED DATE t ~O/Ol DAVID d. HY~'T. P~I~' (FOR ~clE FIRM) F'LA. DC. NO. 5~1~' NOT VALID WITHOUT THE S~GNATURE AND THE ORIGINAL RAISF'rl SEAL OF A FLORIDA MCENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION WILKI$ON TE$ ENGINEERS, SURVEYORS AND PLANNERS :~506 EXCHANGE AVE. NAPLES, FLA. 3410¢ (941) 643-2404 FAX NO. (94.1) 64.~--5175 FLORIDA BUSINESS LICENSI NO. LB5770 SEC/SUB W.O. NO. I DRAWN BY FILE NAME WATERWAY 0014.1I RAW O0-018--O00.DWG SHEET F'B PG CHECKED BY DWi. NO. 1 OF 2 DJH IR-L-790D-1 FEB 2 6 2002 EXHa rr TEMPORARY CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) Temporary Driveway Restoration Easement Description: A portion of Tract "A", Waterways of N(3ples, Unit Four, according to the plat thereof as in Plot Book 7, Pages 39 through ¢2 , Collier County, Florida, being more y described as follows: Commence et the Southwesterly Corner of said Tract "A", said point being the beginning of a curve, conc(3ve Southeasterly, having (3 r(3dius of 50.00 feet and a central angle of 54'32'58"; thence run NortheasteHy, along the arc of said curve to the right, having o radius of 50.00 feet, through a central angle of 54'32'58", subtended by (3 chord of 45.85 feet at (3 bearing of North 28'34'55' East, for an (3rc length of 47.60 feet, to the POINT OF BEGINNING of the herein described parcel and the end of s(3id curve; thence North 0148'26" East, for a distance of 75.27 feet; thence South 88'41'34" E(3st, for a dist(3nce of 10.00 feet; thence South 01~18'26' West, for (3 dist(3nce of 69.75 feet to (3 point on (3 circular curve, concave Southeasterly, whose r(3dius point bears South 21'01'56" East, a distance of 50.00 feet therefrom; thence run SouthwesteH~y, along the arc of said curve to the left, h(3ving o radius of 50.00 feet. through a central (3ngle of 15'07'01", subtended by a chord of 11.42 feet et a be(3ring of South 62'24'54" West, for an arc length of 11.45 feet, to the POINT OF BEGINNING; Containing 0.017 acres, more or less. Notes: 1. This is not (3 survey. 2. Basis of bearing is plat. 3. Subject to easements, reservations and restrictions of record. ¢. Not valid without Sheet 1 of 2 depicting Sketch of Description and bearing the original signature and embossed seal of a Florida registered Surveyor and Mapper, 5. All dimensions ore plat unless otherwise noted. SKETCH AND DESCRIPTION .~1~ WILKISON &~ ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES. FLA. 34104 (941) 643-2404 FAX NO. (941) 643-5173 FLORIDA BUSINESS LICENSE NO, LB5770 DRAWN BY [ FILE NAME EAW [ O0-018-O00.DWG CHECKED BYI DWG. NO. I , -L-790D-2 FEB 2 6 2002 TEMPORARY CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) 1'1--' ~Acr A" ~ // WATERWAYS OF NAPLES // UNIT FOUR // _P.~-- J,. P~. ~-~2 // o 50 100 150 LINE TABLE UNE LENGTH BEARING L1 87.36 S01'18'26"W L2 10.00 S68'4.1'34'E L3 76.77 NO1qB'26'E CURVE TABLE CURV~ I R*~,usl ~ELTA I^RC ~GTHlCHORD BEARING) CHORD I C2 50.~ 16'~'07' 14.63 N41~9'33'W 14.58 SCALE AS NOTED DATE ~ o/m DAV1D ~1. ~(~'ATT.~I~.~:M. (FOR THE FIRM) FLA. MC. NO. ~34 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISE33 SEAL OF A FLORIDA UCENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION Wl LKISO N &: TES Nc. ~ ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE ^YE. N~LES, FL~ 34104 (94-1) 643--2404 FAX NO. (941) 643-5173 FLORIDA BUSINESS UCENSE NO. L65770 fSEC/SUB ATERWAY SHEET 1 OF2 W.O. NO. 0014.1 FILE NAME DRAWN BY t RAW CHECKED BY DJH O0-018-O00. DWO F'B PG D~K~. NO. IR-L-790B-1 ~ FEB 2 6 2002 TEMPORARY CONSTRUCTION EASEMENT {DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) Temporary Driveway Restoration Easement Description: A portion of Tract "A", Waterways of Naples, Unit Four, according to the plat thereof as recorded in Plat Book .31, Pages 59 through 42, Collier County, Florida, being more particulaHy described as follows: Commence at the Northwesterly Corner of said Tract "A", said point being the beginning of o curve, concave Easterly, having a radius of 50.00 feet and a central angle of 34'55'26"; thence run Southerly, along the arc of said curve to the left, having a radius of 50.00 feet, through a central angle of 34'55'26", subtended by a chord of .30.01 feet at o bearing of South 16'08'46" East, for an arc length of .30.48 feet, to the POINT OF BEGINNING of the herein described parcel and the end of said curve; thence South 01'18'26" West, for a distance of 87..38 feet; thence South 88'41'.34" East, for a distance of 10.00 feet; thence North 01'18'26" East, for a distance of 76.77 feet to (3 point on a circular curve, concave NortheasteHy, whose radius point bears North 39'37'24" East, a distance of 50.00 feet therefrom; thence run Northwesterly, along the arc of said curve to the right, having a radius of 50.00 feet, through a central angle of 16'46'07", sub[ended by o chord of 14.58 feet at o bearing of North 41'59'3,3" West, for an arc length of 14.63 feet, to the POINT OF BEGINNING; Containing 0.018 acres, more or less. Notes: 1. This is not a survey. 2. Basis of bearing is plat. 3. Subject to easements, reservations and restrictions of record. 4. Not valid without Sheet 1 of 2 depicting Sketch of Description and bearing the original signature and embossed seal of o Florida registered Surveyor and Mapper. 5. All dimensions ore plat unless otherwise noted. SCALE AS NOTED DATE ~o/o~ SKETCH AND DESCRIPTION WILKISON &c ASSOCIATES ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES. FI.A. 34104. (941) 643--2404 FAX NO. (941) 643-5173 FLORIDA BUSINESS UCENSE NO. LB5770 tSEC/SUB ~ ATERWAY~ w.o. NO. 0014.1 F'B PG DRAWN BY t FILE NAME EAW I O0-018-O00.DWG CHECKED BYI DWG. NO. DJH I IR-L-790B AGENI~A iTEM ,FEB 2 6 2002 TEMPORARY CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) 74' ACCESS EASEMENT TRACT WATERWAYS OF NAPLES UNIT 7 0 50 100 150 Temporary Drivewoy Restorotion Easement Description: The Westerly 11.00 feet, of the Northerly 657..39 feet of Troct "B", Waterways of Naples, Unit 7, as Recorded in Plat Book .36, Poges 72, through Page 77, of the Public Records of Collier County, Florida. Contoining 0.161 acres, more or less. SCALE SEC/SUB J AS NOTED WW7 DATE SHEET' 10/01 1 OF 1 D~,VtD J. HYATt, F~.~:~I~'[FOR THE RRM) ~. uc..o. ~// NOT V~D ~~E ~A~RE AND ~E ~I~NAL RN~ ~ ~ A ~ORIDA UC~S~ ~R~ AND M~PER SK~CH AND DESCRIP~ON WILKISON ASSOCIATES INC.~ ~GIN~RS, SU~ORS ~D P~NERS 3506 ~C~NOE A~ ~. ~. ~104 (941) ~-2~4 F~ NO. (941) 645-5175 ~ORIDA BUSINESS UCENSE NO. ~5770 W.O. NO. DRA~ BY ~ FI~ N~E 0014.1 EAW~ O0-018-O00.DWG ~ PO ~E~ BY D~. NO. DdH IR-L-790C FEB 2 6 2002 TEMPORARY CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) 74' ACCESS EASEMENT TRACT "B" WATERWAYS OF NAPLES UNIT 7 0 50 100 150 Temporary Driveway Restoration Easement Description: The Westerly 11.00 feet, of the Northerly 657.59 feet of Tract "B", Waterways of Naples, Unit 7, as Recorded in Plat Book 56, Pages 72, through Page 77, of the Public Records of Collier County, Florida. Containing 0.161 acres, more or less. SCALE SEC/SUB AS NOTED WW7 DAT~ SH~"T 10/01 1 OF 1 THE ORIGINAL RAISED SEAL OF A FLORIDA UCENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION '~,,B,,~ WlLKISON &:: ~ ASSOCIATES ~ ~ ~NC.m ENClNEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643-2404 FAX NO, (941) 64.3-5173 FLORIDA BUS,NESS LICENSE NO. LB5770 W.D. NO. / DRAWN ByI FILE NAME 001 4.1 EAW I 00-018-O00.DWG FB PG CHECKED BYI DWG. NO. DJH / IR-L-790C AGEN/~ ITEM FEB 2 6 2002 PO. Notes: 1. This is not a survey. 2. BasKs of bearing is plat. 5. Subject to easements, reservations and restrictions of record. TEMPORARY CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) UNIT FOU~ .... P.B. $1, PG. 59-4.2 4. All dimensions are plot unless otherwise noted. /,"--20' LANDSCAPE BUFFER EASEMENT SCALE AS NOTED DATE 10/01 0 50 100 150 Temporary Driveway Restoration Easement Description: A portion of Tract "C", Waterways of Naples, Unit Three, according to the plat thereof as recorded in Plot Book .31, Pages 35 through 38 of the Public Records of Collier County, Florida, being more particularly described as follows: Commence at the Southwesterly Corner of said Tract "C"; thence South 89'55'08" East, along the Southerly Boundary of said Tract 'C", for a distance of 9.02 feet, to the POINT OF BEGINNING of the herein described parcel; thence North 05'35'47" East, for a distance of 25¢.98 feet; thence South 86'24'13" East, for a distance of 9.00 feet; thence South 03'35'47" East, for a distance of 253.84 feet; thence North 89'53'08" West, for a distance of 9.02 feet, to the POINT OF BEGINNING; Containing 0.053 acres, more or less. THE ORIGINAL RAISED SEAL OF A FLORIDA UCENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION WILKISON &: TES INC.~ ENGINEERS, SURVEYORS AND PLANNERS 5506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643-2404 FAX NO. (941) 64.3--5173 FLORIDA BUSINESS LJCENSE NO. LB5770 S~C/SUB W.O. NO. I D.^WN By I ~LE NAME WATERW 0014.1 EAW 00-01B-OOO. DWG ~-IEET FB PG CHECKED BY DWG. NO. 1 OF 1 DJH IR-L-790E J AGEN~AITE__.M FEB 2 6 R==50.O0 L--11.45 Ton=5.75 "~ ~= 13~)7'01 ' L~ l ~r Fo~-"lo' r,, o ~8'20"E 18.00 C~ S88'41 '54"E TEMPORARY CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) PARCEL 790F ~,._ NBB'41'34"W 5.00' ~ N88'21 '20"E ~: 10.00' c3 POINT OF BEGINNING: r20' LANDSCAPE BUFFER F_ASEM£NT POINT OF COMMENCEMENT: EXHIBIT A.~__ 0 50 100 150 SCALE AS NOTED DATE ~o/o~ DAVID J. I-~t~,K'J-r, P/~l. (FOR mE FIRM) F~. uc. ~. 5~ NOT V~JD ~TH~UT ~[ S~A~ ~ ~E ~I~N~ RAISED SE~ OF A ~ORIDA UCENS~ SUR~ AND MAPP~ SK~CH AND DESCRIP~ON ~~ WlLKISON &: ~I~, ASSOCIATES ~ ~ ~NC. m ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVF_ NAPLES, FLA. 34104 (94-1) 64;3--2404 FAX NO. (941) 64;3-5173 FLOmDA BUSINESS UCENSE NO. LB5770 sic/sue WW3 1 OF2 0014.1 EAW I O0-018-O00. DWG FB PG CHEC~ BYI DWi. NO. DJH I IR-L-790F-lj TEMPORARY CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) .Temporary Driveway Restoration Easement Description: ~ portion of Tract "C", Waterways of Naples, Unit Three, according to the plot thereof os recorded in Plot Book 51, Pages 5§ through 58 of the Public Records of Collier County, Florida, being more porticuloHy described as follows: Commence at the SoutheasteHy Corner of said Tract "C'; thence North 01'18'26' East, along the Westerly Boundary of said Tract 'C", for a distance of 255.59 feet; thence South 88'21'20' East, far a distance of 18.00 feet, to the POINT OF BEGINNING of the herein described parcel; thence North 01-18'26" East, for o distance of 199.94 feet; thence South 88'41'54-' East, for o distance of 5.00 feet; thence North 01'18'26' for o distance of 215.87 feet to o point on o circular curve, concave SoutheasteHy, whose radius point bears South 54'08'56" East, o distance of 50.00 feet therefrom; thence run NortheosteHy, along the arc of said curve to the right, having o radius of 50.00 feet, through a central angle of 15'07'01", subtended by a chord of 11.42 feet at o bearing of North 62'24'5~," East, for an arc length of 11.45 feet to the end of said curve; thence South 01-18'26" West, for o distance of 221.59 feet; thence North 88'~1'54" West, for o distance of 5.00 feet; thence South 01'18'26" West, for a distance of 200.00 feet; thence North 88'21'20" West, for o distance of 10.00 feet, to the POINT OF BEGINNING; Containing 0.096 acres, more or less. Notes: 1. This is not o survey. 2. Basis of bearing is plat. 5. Subject to easements, reservations and restrictions of record. 4. All dimensions ore plot unless otherwise noted. SKETCH AND DESCRIPTION ~i,,~,,~iI~ WILKISON & '~l~ ASSOC lATE S ~ ~ IN(;. mm ENGINEERS, SURVEYORS AND PLANNERS 5505 [XCHANCE AVE. NN=LES. FL~ 34104 (9¢1) 645-2404 FAX NO. (941) 645-5175 FLORIDA BUSINESS UCENSE NO. LB5770 SCALE AS NOTED DATE lO/Ol SEC/SUB W.O, NO. FILE NAME WW3 0014.1 SHEET F~ PG 20F2 DRAWN BY EAW JO0-018-O00.DWG CHECKED BY DWG. NO. ~ DJH IR-L-790F-2 ) FEB 2 6 2002 P.O.C. S89'53'08'E 9.02' S89'53'08'E 9.02' P.O,B. TEMPORARY CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) EXHIBIT N NOT TO SCALE S86'2¢'13' 5.06' R=12,214.6; L=330.90 ~=1 '33'08' R=25.00' L=12.33 Ton=6.29 ~= 2B"15'4.1 ' R=12,20&67 1.45 Ton=75.74 ~=0'42'~0' R=12,199.67 .23 T(3n=91.12 ~=0'51 '21 OIL WELL ROAD 848 RE~SB 01/30/02 SCALE l AS NOTED DA~E I ~o/m dAVID U. HY~tr. P.-,~r. (FOR THE ) FLA. UC. N~ 5a3y/ NOT VAUD WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPE~ SKETCH AND DESCRIPTION ~, ~, ~JllJ~ WILKISON I~ml~ AS SOO I ATE S ~ ~ mc. m ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. ~, (941) ~2~ F~ NO. (9~1) ~3-5173 ~ORIDA BUSiN~S UC~SE NO. SEC/SUB WW2 SHEET 1 OF2 0014.1 RAW / 00-018-O00.DWG F'B PG CHECKED BYt DWG. NO. DJH / IR-L-79OA-1 AGEN[:~ITE~I i FEB TEMPORARY CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) Temporary Driveway Restoration ~_asement Uescnptlon: ,ortion of Tract "C", Waterways of Naples, Unit Two, according to the plot thereof as arded in Plat Book 29, Pages 71 through 74- of the Public Records of Collrer County, Piorida, being more p(3rticularly described ~s follows: Commence at the Northwesterly Comer of said Tract 'C'; thence South 89'55'08" East, along the Northerly Boundary of said Tract "C', for o distance of 9.02 feet, to the POINT OF BEGINNING of the herein described p~rcel; thence continuing South 89'53'08" East, along the Northerly Boundary of said Tract 'C", far a distance of 9.02 feet; thence South 03'35'4-7" West, for a distance of 1,¢94.~7 feet ta the beginning of a tangential circular curve, concave Easterf~ thence run Southerly, along the arc of said curve to the left, having a radius of 12,204.67 feet, through a central angle of 00'42'40', subtended by a chord of 151.4-5 feet at a bearing of South 05'14-'27' West, for an arc length of 151.45 feet to the end of said curve; thence South 86'24-'13" East, for a distance of 5.06 feet to a paint on a circular curve, concave Easterly, whose radius point bears South 86'24'15" East, a distance of 12,199.67 feet therefrom; thence run Southerly, along the arc of said curve to the left, having a radius of 12,199.67 feet, through a central angle of 00'51'21", subtended by = chord of 182.25 feet at a bearing of South 03'10'07' West, for an arc length of 182.23 feet to a point on the Southerly Boundary of said Tract "C", and the NortheHy Right of Way Line of State Road 848 (Oil Well Road), and on a circular curve, concave NortheHy, whose radius point bears North 02'4-6'09" East, a distance of 25.00 feet therefrom; thence run Westerly, along the arc of said curve to the fight, and along the Southerly Boundary of said Tract "C", having a radius of 25.00 feet, through a central angle af 28'15'4-1", subtended by a chord of 12.21 feet at a bearing of North 73'06'01" West, for an arc length of 12.33 feet to a point on a circular curve, concave EasteHy, whose radius point bears South 87'57'21" East, a distance of 12,214.67 feet therefrom; thence run Northerly, along the arc of said curve to the right, having a radius of 12,21¢.57 feet, through (3 central angle of 01'53'08", subtended by a chord of 330.89 feet at a bearing of North 02'49'13" East, for an arc length of 530.90 feet to the end of said curve; thence North 05'35'47" East, for a distance of 1,4-93.87 feet, to the POINT OF' BEGINNING; Containing 0.394- acres, more or Notes: 1. This is not a survey. 2. Basis of bearing is plot. 5. Subject to easements, reservations and restrictions of record. 4-. All dimensions are plot, unless otherwise noted. RE~4SED 01/30/02 SCALE SKETCH AND DESCRIPTION WILKISON ASSOCIATES INC.! ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, ~ 54104 (941) 643--2404 FAX NO. (941) 643-5173 FLORIDA BUSINI=SS UCENSE NO. LB5770 s£c/sue WW2 2 0F2 0014.1 i eaw O0-018-O00.DWG FB PG CHI=Ct(ED BY DWG. NO. DJH IR-L-790A-2 ,~ AGEN~I/k IT~t~ No. [ ~' ~.......~ FEB 2 6 2002 pA-~c~et- {~ I FEE SIMPLE INTEREST '~ ~ O ~ 0 0 ~ ~O~AS ~ SAUS ~OMAS E. SAMS ~ · ~*~I~'A A SAMS PA~I~A A. SAMS IMMOKALEE ROAD ~ 0 ~o~ ~ ~ o z ~00~-- O~OZ,~ Z · ~1 ~ .... o-~o -- ~a~o N 00'19'10" E 330.00' I I s o2'o6'1o" w 33o.16' IMMOKALEE ROAD S.R. 846 ,~o ~.>L. ~ ~ ~-,~1 ~ z FEB 2 6 2002 0 ' EXH T Z FEE SIMPLE INTEREST N 00'19'10' E 330.00' I Z z 117 ROBERT W. PIEPLOW RUTHANNA PIEPLOW O.R. 291, PG. ,356 b ~ ~PARCEL 195 IN 02'06'10' £ 530.16' IMMOKALEE ROAD S.R. 846 z S ~ SIMPI~ ~TEREST N 00'19'10' E 530.00' z 116 STEINBURG-MILANO, INC. O.R. 257,:3, PG. 2689 Z N 02'0B'10" E 550.16' ........ IMM OK__AL.,EE ROAD × S.R. 846 m .-i zo Z FEB 2 6 2002 FEE S[MPLF. ~NTEREST ~ zo '-ir .-<: o o i z N 00'19'10' E 550.00' L~ m I I .30. oo'----~ ~'~ ~N'~PARCEL 195 ~ ~ t N 02~6'10' E 530.16' ~ IMMOKALEE ROAD = S.R. ~46-- -- ~ ~ ~ c = FEB 26 2002 Z FEE SEViPLE I~REST N O01g'lO' E DSO.O0' 114 JOHN A. BOBACK JULYANN S. BOBACK O.R. 832, PG. 1334 z / IMMO_KALEE ROAD S.R. 84-6 FEB 2 6 2002 EXHI~T~ Z 0 FEE SIMPLE INTEREST N 00'19'10' E 330.00' CK :ACK 354 C2U') Om--~ O~ F- z JEFT N 02'06'10' E 330.16' __ IM__UOKALEE ROAD S.R. 846 FEB 2 B, 2002 P2r~ c~: L FEE SIMPLE INTEREST N 00'19'10" E :3,90.00' Z 112 JEFFREY A. RICHARDSON O.R. 1914, PC;. 702 Z PARCEL N 02'0~ O' E 258.62' JMMOKALEE ROAD S.R. 846 N 01'57'15" E Z AGE~I.I~k~ NO.__ FEB 2 6 2002 EX, T FEE SIMPLE INTEREST z N 00'19'10' KEVIN M. GROVER c~:m.oo'--.--~ rq O.R. 2,521, PG. 2463'- N 01'57'15' E _IMMOKALEE_ ROAD S.R. 846 I Z FEB 2 6 2002 EXert A ~ Z N 00~9'10" E 550.00' S 01'57'15" W 350.13' IMMOKALEE ROAD S.R. 846 Z FEE SIMPLE I]~ITEREST N 00'19'~0' £ 330.00' 109 MEDARDO T. SANCHEZ OLIVA SANCHEZ O.R. 2287, PG. 467 ___ N 01'5T15' £ 5~0.1~' IMMOKALEE ROAD S.R. 846 Z Z ~.,4.~ c ~ 4_ 2.02_ FEE SIMPLE INTEREST N 00'1'g'10" E 330.00' Z ('3 r- 108 ~ IIM CHERRINGTON ~ MAX CHERRINGTON N 01'57'15' E 330.13' IMMOKALEE ROAD S.R. 84-6 AGI~Ek, A IT.~. FEB 2 6 2002 EXH I2,.-. FEE SIMPLE I)4TEREST Z 0 N 00'19'10' E 3,50.00' z DN DN ~48 1.95' 0 0 FEB 2 6 2002 FEE SIMPLE I1VI'EREST N I I TRACT "1" GOLDEN GATE ESTATES UNIT 59 89'33'30" E 27.7¢' 80' DRAINAGE EASEMENT COLLJE]~ COUNTY O.R. 14Gg, PG. g~ SECTION 14.-48-27 '~"'"-NORTH ENE OF SECTION 14. OF BEGINNING: R=28,565.89 L=661.02 Tan=330.52 6=-1 '19'33" NOT TO SCALE S 89'49'55' W 28.01' -- 74-' ACCESS EASEMENT TRACT "B" WATERWAYS OF NAPLES UNIT 7 SCALE AS NO'FED DAlE I ~o/o~ NOT VALID WITHOUT THE SlGNA'i1JRE AND THE ORIGINAL RAISED SEAL OF A FLORIDA UCENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION WII_KISON & ASSOCIATES ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES. FLA. 34104. (94.1) 643-2404 FAX NO. (941) 64.3-5173 FLORIDA BUSINESS MCENSI NO. LB5770 FILE NAME 00-018-O00.DWG DWG. NO. IR-L-204-1 14/48/271 0014.1 I EAW SHEET I F'B PO CHECKED BY 1 OF 2 / DJH FEB 2 6 20,32 ?~., c~! Description: A portion of Sections 11 and 14, Township 48 South, Range 27 East, Collier County, Florida, being more particularly described as follows: Commence at the Northwest Corner of said Section 14; thence South 88'29'48" East, along the NortheHy Line of Said Section 14, for a distance of 50.00 feet, to a point on the existing Eastedy Right of Way Line of State Road 846 (Immokalee Road) and the POINT OF BEGINNING of the herein described parcel; thence North 00'24'23" West, along the said Easterly Right of Way Line, for a distance of 270.24 feet, to the Southwesterly Corner of Tract 1, Golden Gate Estates Unit 59, as recorded in Plat Book 7, Page 59, of the Public Records of Collier County, Florida; thence North 89'33'30" East, along the SoutheHy Boundary of said Tract 1, for a distance of 27.74 feet to a point on a circular curve, concave EasteHy, whose radius point bears South 88'50'50" East, a distance of 28,565.89 feet therefrom; thence run Southerly, along the arc of said curve to the left, having a radius of 28,565.89 feet, through a central angle of 01'19'53", subtended by a chard of 661.00 feet at a bearing of South 00'29'25" West, for an arc length of 661.02 feet to the end of said curve; thence South 01'08'56" West, for a distance of 52:5.90 feet, to a point on the Northerly Boundary of Tract "B", Waterways of Naples, Unit Seven, as recorded in Plat Book 56, Pages 72 through Page 78, of the Public Records of Collier County, Florida; thence South 89'49'55" West, along the Northerly Boundary of said Tract "B"for a distance of 28.01 feet, and to the said Easterly Right of Way;, thence North 01'08'56" East, along said Right of Way a distance of 914.59 feet, to the POINT OF BEGINNING; Containing 0.707 acres, more or less. Notes: 1. This is not a survey. 2. Basis of bearing is State Plane Coordinates. Florida East Zone. 3. Subject to easements, reservations and restrictions of record. 4. Not valid without Sheet 1 of 2 depicting Sketch of Description and bearing the original signature and embossed seal of a Florida registered Surveyor and Mapper. SKETCH AND DESCRIPTION .~~ WILKISON &: ~ ASSOCIATES ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 54104 (941) 645-240¢ FAX NO. (9~.1) 645-5173 FLORIDA BUSINESS ECI~ISE NO. LIB5770 / FEB 2 6 2032 FEE SIMPLE INTEREST Z 0 z I I I I ! ! ! I I I o<> I ! N 00"19'10" E 330.00' 106 ALAA A. ELHALWAGY AMINA A. ELJABALY O.R. 1657, PG. 1625 30.00' N 01'5T15' E 330,13' IMMOKALEE ROAD z Z AGENO~ITEM No. t..~. ~,,;'"" FEB 2 6 2002 N 0019'10' E 550.00' oo o · o b.~ · z 01'57'15' W 530.13' IMMOKALEE ROAD S.R. 846 No. t',.,-' ~ _ FEB 2 FEE SIMPLE INTEREST N 00'19'I0' E 5,:30.00' ~ z ; [:7 Z 121 MAHABtR PURAN O.R. 2678, PG. 2420 S 01'57'15" W 286.80' S 00'20'50' W 4.5.57' IMMOKALEE ROAD S.R. 846 FEB 2 B 2002 EXHIBIT FEE SIMPLE INTEREST N 00'19'10' E 330.00' 120 ARMANDO A. LAMBERT ALGIS L MADOS O.R. 2628, PG. 0620 ~ ~ 30.o0'---- S 00"20'50" W ,330,00' IMMOKALEE ROAD -- S.R. 84-6 FEB 2 6 2002 INTEREST Z 0 Z N 0019'10" E -Z30. O0' Z 119 JUAN 8. ARIZMENDI O.R. 1289, PG. 1967,--m 30.00' N 00'20'50' E 350.00' IMMOKALEE ROAD FA O.E Z 0 FEB 2 6 2002 PA ~.C % (_ 7_)0 FEE SIMPLE INTEREST IMMOKALEE ROAD S.R. 846 N 00'20'50' E 410.00'  _, Z ::~ ::~..m .-, .~:~> r"q C);o --I mO ~ N 1~"19'10' E 410.00' Z rq z~ 0 Z No.AGE~I~,, 'TE~_! FEB 2 6 2002 FEE SIMPLE ENTEREST ~ Z N 00'19'10' E 3~0.00' Z 118 JOHN VASSARAS JOAN P. VASSARAS O.R. 1652, PG. 654 N 00'20'50" E 550.00' t IMMOKALEE ROAD S.R. 846 --I Z z Z No.AGE~,A FEB FEE SIMPLE ENTEREST EXHIBIT..~.,.-- ~ '7,'7 ,,~..[..q-- · "-' o., m Z N 009g'10' E 550.00' 117 FAMILY CARE CLINIC O.R. 1086, PG. 0024 211 E 550.00' IMMOKALEE ROAD S.___R. 846 Z FEB 2 6 2082 ~,~ c ~ L '2..~ 7_. FEE S]2V~,]~- 12~ITEREST Z 0 Z IMMOKALEE ROAD S.R. 84-6 N O0't~'30' E '0 150.00' N D0'19'10' E 150.00' Z No.__ t; FEB 2 6 2002 Z FEE S]]V~L~ INTER]ES? IMMOKALEE ROAD S.R. 846 m --4 N 00'18'30' N 00'19'10" E 180.00' Z FEB 2 [~ 2002 FEE SIMI:~..E INTEREST ~ Z Z _[__ IMMOKALEE ROAD S.R. 84-6 N 0096'~0' E 3;~0.00' Z FEB 2 6 2002 EXHIBIT FEE SIMPLE INTEREST o <: 0 c~ Z IMMOKALEE ROAD N 00'16'50' E 1 150.00' Lt rtl o 0 150.00' S.R. 84.6 ~ o i N 00'19'10' E 150.00' z FEB 2 $ [27 .~ z Z FEE SIMPLE INTEREST N OO'19'1'O' E ,3.30.00' 116 m JULIA SHELLY 3o.oe' = I"- I ~ O.R. 2451, PG. 2288 ___ · N 00'20'50' E 330.00' l IMMOKALEE ROAD S.R. 846 m Z AGEI~,, ITEM No. ~,., /~,' FEB 2 Ii '~'Z~ 121 Z f~ Z FEE $1MPLI= INTEREST IMMOKALEE ROAD S.R. 84I N 0096'30' 1E z > o c_ .~> 180.00' N 00'19'10' E 1BO.O0' Z FEE SIMPLE INTEREST Z IMMOKALEE ROAD N 00'~'6'30"]E 180.00' r- 180.00' S.R. 846 · ~mm N 0019'10' E 180.00' ~, ~ Z ...r Z FEB 2 6 2002 FEE SIMPLE INTEREST EX _H!e4T~ IMMOKALEE ROAD 0 r'rl --I S.R. 846 . oo-,f,.,o- E ,9,.o0. 150.00' FEE SIMPLE INTEREST ~ z Z IMMOKALEE ROAD r.r1 o_~ < .)> .~ · zZ S.R. 846 N 00'16'50t E 150.00' r- O~ ~0 150.00' N 00"1g'10' E 150.0( C) FEB 2 6 2002 ?x'r~c GL. Z_'7_.?_ FEE SIMPLE INTEREST EXHIBIT_~ Z r J1 m C) '-r Z oo ;::0o m IMMOKALEE ROAD S.R. 846  N 00'16'30' E 180.00' f-- 180.00' N 00'1g'10' E 180.00' cc) FEB 2 6 2002 . EXECUTIVE sUMMARY Strategic Planning Follow Up OBJECTIVE: To conclude the strategic planning workshop and provide a collective direction regarding the strategic planning elements in advance of the budget preparation for FY 03 CONSIDERATION: After reviewing the information from the previous County strategic plan, the focus study and the annual citizen's survey, the following broad list of issues was placed on a list for further discussion: · Water supply vs. current and projected demand · Transportation funding and road building · Amendments to the Growth Management Plan/LDC (intensity and density) · Review of revenue streams vs. levels of service · Diversification of revenues · Level of service distinctions between neighborhoods · Workforce housing · Preservation of green space · Expanded &/or revised concurrency management system · Re-establish and maintenance of public trust · Rural fringe and rural lands · Growth paying for growth The Board directed the County Manager to work with this list and attempt to consolidate it for a presentation at the conclusion of an upcoming regular Board meeting for the County Commission to finalize. In reviewing the full list, the items can be consolidated under three key headings: Growth Manaqement Plan & Land Development Code · Amendments to the Growth Management Plan and LDC · Workforce housing · Preservation of green space · Expanded &/or revised concurrency management system · Rural fringe and rural lands Public Infrastructure & Resource Management · Water supply vs. current and projected demand · Transportation funding and road building · Expanded &/or revised concurrency management system · Growth paying for growth Financial Planning and Manaqement · Transportation funding and road building · Review of revenue streams vs. levels of service · Diversification of revenues · Growth paying for growth The two areas that did not fall cleanly into these headings were; · Re-establish and maintain public trust, and · Level of service distinctions between neighborhoods Being able to establish distinguishable levels of service between neighborhoods is likely a phase beyond where this organization is today. This should not be taken as any indication that the issue is not exceptionally important, but rather that it requires the County to be able to establish base levels of service County wide, determine service demand volumes based on different areas and then be able to deploy services based on need. While Collier County Government is heading in that direction, the systems are not yet in any shape to be able to undertake this level of management work. On the other hand, it could be suggested that re-establishing and maintaining public trust is likely the overriding strategic objective of the entire planning process. As a result it is recommended that the Board of County Commissioners should consider this strategic objective to be the overriding Strategic Goal followed by specific strategies as follows: It is Collier County's Strategic Goal to rebuild and maintain public trust by dedicating its resources and efforts to the following strategies: 1 .) Revising the Growth Management Plan and Land Development Code to improve the County's ability to manage and control the rate and quality of future development. 2.) Developing reliable Public Infrastructure and Resource Manaqement Processes, and 3.) Improvin.q the financial planninq, mana.qement and reporting processes. Should the Board of County Commissioners agree with this approach, the staff would take each of these strategies and develop specific measurable business unit and functional area objectives under each. The budget would be built to ensure that these priorities were features of the budget and that there are measurable outcome measures and deliverables that are BCC reviewed and approved. Remember that strategies for an organization this size will likely take two to five years to accomplish. In this case, while this may I~ ~~tbe..firs~_~time.:~ ~.,~._ ~._ these specifics are consolidated in writing, clearly these are issues that have been the focus of some considerable work already. It is no surprise that these are the key strategies that have resulted from our process. GROWTH MANAGEMENT IMPACT: There is no specific growth management plan impact that results from this item. However clearly reviewing and updating the growth management plan is one of the key strategies that may result from the entire exercise. FISCAL IMPACT: Again there is no specific fiscal impact associated with this item. The budget for FY 03 will be built to address the final strategies that are developed herein. RECOMMENDATION THAT THE BOARD OF COLLIER COUNTY COMMISSIONERS, discuss and adopt a set of specific strategies that can provide the organization with clear direction and priorities allowing budgets and work plans to be developed accordingly. Thomas W. Olliff, Cour~l~nage~ EXECUTIVE SUMMARY ADOPT RESOLUTION OPPOSING ANY LEGISLATION PROPOSED TO THE FLORIDA LEGISLATURE TO RESCIND THE EMINENT DOMAIN AUTHORITY OF COLLIER COUNTY OR TO OTHERWISE RESTRICT OR LIMIT COLLIER COUNTY JURISDICTION OVER LOCAL WATER AND WASTEWATER UTILITIES OBJECTIVE: That the Board declare its opposition to any legislation to rescind the eminent domain authority of the County, or to otherwise restrict or limit Collier County jurisdiction over local water and wastewater utilities. CONSIDERATIONS: During the 2001 Legislative Session, industry-sponsored legislation, in the form of House Bill 949 was proposed to divest the 31 non-jurisdictional (self-regulating) counties of their water and wastewater regulatory authority. On March 27, 2001, the Board adopted Resolution No. 2001-95 "opposing legislation to rescind the eminent domain authority of Collier County or to otherwise restrict or limit Collier County jurisdiction over local water and wastewater utilities." Collier County's right of eminent domain is a necessary and required right of County government to ensure the provision of safe and efficient utility service to some 15,000 County residents receiving water and/or sewer service from investor-owned utilities. FISCAL IMPACT: There is no fiscal impact regarding this action. GROWTH MANAGEMENT IMPACT: There is no growth management impact regarding this action. PREPARED BY: RECOMMENDATION: That the Board adopt the proposed Resolution opposing legislation proposed to rescind the eminent domain authority of Collier County or to otherwise restrict or limit Collier County jurisdiction over local water and wastewater utilities. _ _ _ DATE: D. E. "BLEU" WALLACE, DIRECTOR CDES Operations / /JOS m s_c' .mar , _mNi. / / [ / Community Development & Environmental Services Diqtision~"7~q'-'~Y.. FEB 2 8 21 2 RF~OLUTION NO. 2002- A RESOLUTION OF THE BOARD OF COUNTY COMMI~IONERS OF COLLIER COUNTY, FLORIDA, OPPOSING LEGISLATION TO RESCIND THK EMINENT DOMAIN AUTHORITY OF COLLIER COUNTY OR TO OTHERWISE RESTRICT OR LIMIT COLLIER COUNTY JURISDICTION OVER LOCAL WATER AND WASTEWATER UTILITFF~S WHEREAS, in response to the request of the citizens of Collier County, on February 26, 1996, the County assumed regulatory jurisdiction over the investor-owned water and wastcwater utilities operating in thc County; and WHEREAS, the Collier County Community Development Operations Department, Utility Regulation Element, has actively and rapidly responded to thc needs of investor-owned utilities and4heir customers since the County assumed regulatory jurisdiction; and WHEREAS, thc quality of service to investor-owned utilities and their customers has greatly improved since the County assumed local regulatory jurisdiction; and WH~.~, thc right of eminent domain is a necessary and required right of County government to ensure the provision of safe, efficient and sufficient water and wastewater service to County residems. NOW, THEREFORE, BE IT RF-qOLVED by thc Board of County Commissioners of Collier County, Florida, in regular meeting held this 26th day of February 2002 as follows: Thc Board of County Commissiorl~r~ of Collier County opposes any legislation which would diminish thc jurisdiction of Collier County over local investor-~wned water and wastewater utilities operating within thc County. Thc Board of County Commissioner~ of Collier County opposes legislation to take away or in any manner diminish the eminent domain authority of thc County over water and waatewater utilities which it Thc Board of County Commissioners of Collier County requests that Collier County's local legislative delegation actively oppose any legislation which would affect Collier County's authority to regulate investor-owned utilities or take away or dimimsh the County's eminent domain power over any water or wastowater utility it regulate. This Resolution shall become ©ffex~tive immcdiatoly upon its adoption. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST: DWIGHT E. BROCK, C~-~RK By: Deputy Clerk Approved as to form and legal sufficiency:. David C. Weigel ~ County Attorney JAMES N. COLETTA, CHAIRMAN FEB 2 6 2002 EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD APPROVE THE SETTLEMENT OF ALL PENDING L~TIGATION AND CLAIMS INVOLVING THOMAS WAJERSKI, INCLUDING, WITHOUT I ;MITATION, CASE NOS. 95-3067-CA-01 AND 95-2955-CA IN THE TWENTIETH JUDICIAL CIRCUIT .kND FOR COLLIER COUNTY, FLORIDA AND CASE NO. 99-303 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA, AND AUTHORIZE THE CHAIRMAN TO SIGN ALL NECESSARY SETTLEMENT DOCUMENTS. OBJECTIVE: For the Board to approve the settlement of all pending litigation and claims involving Thomas Wajerski, including, without limitation, Case Nos. 95-3067-CA-01 and 95-2955-CA in the Twentieth Judicial Circuit in and for Collier County, Florida and Case No. 99-303 in the United States District Court for the Middle District of Florida, and authorize the Chairman to sign all necessary settlement documents. CONSIDERATIONS: Thomas Wajerski is a former County employee who has filed a number of lawsuits against the County and individual current and former County employees and agents since 1995. Several of these suits have been dismissed, either by motion or following trial. Three (3) suits remain. The County has been and continues to be represented by outside counsel in all of the suits brought by Mr. Wajerski. To date, fees and costs in defending against Mr. Wajerski's suits total $112,195.26. Because the County has now exceeded the $100,000.00 self-insured retention, the County's excess insurance carriers and claims adjuster have negotiated a settlement with Mr. Wajerski. Pursuant to this settlement, the County's excess insurance carriers will pay $67,500.00 to Mr. Wajerski, and the County will pay $17,500.00 to Mr. Wajerski for a total of $85,000.00. This settlement is approved by the County's Risk Management Department. The County's claims adjuster requested that the County Attorney present this proposed settlement to the Board on the agenda. FISCAL IMPACT: To date, the defense of Mr. Wajerski's claims has cost the County $112,195.26. Additional attorney's fees and costs are also claimed by the County's outside counsel. If the Board approves the proposed settlement, the County's exposure on Mr. Wajerski's claims will be limited to $17,500.00 - the County's portion of the $85,000.00 settlement. This ' .... 500.00 payment would come from the County's Property and Casualty Fund No. 516~ _ Any remaining fees and .s for the outside counsel would be paid by the excess carders for the County. If the proposed settlement is rejected, the carriers will continue to have to pay outside counsel fees in order to defend the County's interests and the interests of its current and former employees and agents sued by Mr. Wajerski. Further, it may be necessary to require new outside counsel as Mr. Wajerski has now sued the County's outside counsel and there is also a dispute between the County's excess carriers and current outside counsel as to the amount of the outside counsel's attorney's fees. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board approve the settlement of all pending litigation and claims involving Thomas Wajerski, including without limitation, Case Nos. 95-3067-CA-01 and 95-2955-CA in the Twentieth Judicial Circuit in and for Collier County, Florida and Case No. 99-303 in the United States District Court for the Middle District of Florida, and authorize the Chairman to sign all necessary settlement documents. Michael W. Pettit, Assistant County Attorney Je~a~er,-~mployee Services Director AP~OVED -I~Y: ,/j ~'Zv~! C. Weigel, County Atto~l~y DATE: AGENI~ I'~M NO. I~ FEB 2 6 2002 EXECUTIVE SUI~Y REQUEST TO APPROVE FOR RECORDING THE FIND~L PLAT OF "ISLAND WA3~K PHASE ONE-B" OBJECTIVE: To approve for recording the final plat of Island Walk Phase One-B, a subdivision of lands located in Section 33, Township 48 South, Range ~6 East Collier County, Florida. CONSIDERATIONS: ~,nq__neering ne~lew Section has completed .the review of the finaz Dial of "island Walk Phase One-B". This document is in come!ta:~,re .... r~e~da S%a'Ee Statute No. ~ .... r~ Coun%v Land Develeement Code and ~ ~: Ail fees have been paid. There are no subdivision re! imorovements associated with %his DIAL. _ P~l~ Se~±en recor,~mends %}i ~ f "island P_xJineerin~3 .... ' ..... ~' al the final e!al o .... s~,~ One-B" be aeDreved for recordino FISCAL IMPACT: CPo Coun-~v will realize revenues as follows: Fund: Cormunity Development Fund 113 Agency: County Hanager Cost Conner: 138900 - Development Services Revenue generated by this project: Total: $450.00 Plat ~,e~iew Fees GROWTH M3%NAGE~iENT IMPACT: The Concurrency Waiver and Release relating to conditional approval has been reviewed and approved by the County Attorney's Office for the project. There are no environmental issues EN%;IRONM~NTAL ISSUES: FEB 2 6 2002 Executive Summary Island Walk Phase One-B Page 2 HISTORICAL / ARCHEOLOGICAL ISSUES: There are no historical or archeological issues EAC RECOMMENDATION: Approval C~PC RECOMMENDATION: Approval PLANNING SERVICES ST~FF RECOM~4~NDATION: That the Board of County Commissioners approve the Final Play of "Island Walk Phase One-B" with the following stipulations: 1. Authorize the recording of the Final Plat of "Island Walk Phase One-B." PREPARED BY: john R. Hou!dsworth, Senior ?ncineer_..~ Engineering Review Daze ~.m,,~m,,mD BY: T' ~ . Kuck, ~ E. ~O~ E ~. Engineering Review Director / County Engineer bate APPROVED BY: // . Svcs. Date FEB 2 6 2002 EXECUTIVE SUMMARY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "ISLAND WALK PHASE SEVEN", AND APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY OBJECTIVE: To approve for recording the final plat of "33", a subdivision of lands located in Section 33 Township 48 South, Range 26 East, Collier County, Florida, following the alternative procedure for approval of subdivision plats. CONSIDERATIONS: the review u~ c,~±on Engineering Review Se ~: has comoleted construction drawings, specifications, and final plat of Island Phase Seven". These documents are in compliance with the Coun%y Land Development Code and Florida State Statute No. 17!. ~!1 fees have · ~ ~ ~ uO~ cost of been uaid. Security in ~ - amoun~ of 10% oi ~he required improvements, and 100% of the cost of any remainLnq imDrovemen%s, together with a Construction and Maintenance Agreer~en~ for Subdivision improvements, shall be provided and accepted by the ~- ~ ~ Services Director and ,the County Attorneys office prior the recording of the final plat. This would be in conformance the County Land Development Code - Division 3.2.9. Engineering Review Section recommends ..... the f olaC of Walk Phase Seven" be approved for recording. FISCAL IMPACT: The project cost is $3,008,528.38 (estimated) to be borne by the developer. The cost breakdown is as follows: a) Water & Sewer - $ 882,526.00 b) Drainage, Paving, Grading - $2,126,002.38 The Security amount, equal to 110% of the project cost, is $3,309,381.22 FEB 2 2002 Executive Summary Island Walk Phase Seven Page 2 The County will realize revenues as follows: Fund: Community Development Fund 113 Agency: County Manager Cost Center: 138900 - Development Services Revenue generated by this project: Total: $55,322.77 Fees are based on a construction estimate of $3,008,528.38 and were paid in November, 2001. The breakdown is as follows: a) Plat Review Fee ($500.00 + $5./ac)$ 1,t05.00 b) c) Paving, Grading (1.3% const, est.) GRO~H ~NAGEMENT I~PACT: Construction Drawing Review Fee Water & Sewer (.50% const, est.) - $ 4,412.63 Drainage, Paving, Grading {.42% const, est.)$ 8,929.21 Construction inspection Fee Sewer {1.5% const, est.) - $13,237.90 uru±n~se, - S27,638.03 The Concurrency Waiver and Release relating to conditional spprevai has been reviewed and approved by the County Attorney's Office for the project. ENVIRONMENTAL ISSUES: issues HISTORIC~L/At~CHEOLOGICAL IMPACT: There are no outstanding environmental There are no hisEorical or archeological impacss EAC RECO~NDATION: Approval CCPC RECOMMENDATION: Approval PLA/ql~ING SERVICES STAFF RECOMMENDATION: That the Board of County Commissioners approve the Final Plat of "Island Walk Phase Seven" for recording with the following stipulations: Approve the amount of $3,309,381.22 as performance security for the required improvements; or such lesser amount based on work completed, and as is approved by the Engineering Review Department. FEB 2 2OO2 Executive Summary Island Walk Phase Seven Page 3 Approve the standard form Agreement, and Construction and Haintenance a. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. b. That the plat not be recorded until suitable security and an apprepriate Construction and Maintenance Agreement is approved and accepted by the Planning Services Directer and the County Atterney's office. on~. R. Heu!dsi,,~erth, Engineer Engineering Review REVIEWED BY: '?how. as E. K~IcK, P.E. Engineering Review Director, Ceunty Engineer Dane 8ar~e jos, e~n K. Sch~it{, Administrator Co~6mhnity DeveleDment & Environmental Services FEB 2 6 2002 LOCAi'IOI A EXECUTIVE SUMMARY ~" REQUEST TO GRANT FINAL ACCEPTANCE OF THE ROADWAY, DRAINAGE, WATER AND SEWER iMPROVEMENTS FOR THE FINAL PLAT OF "GREY OAKS UNIT TEN" OBJECTIVE: To grant final acceptance of .the infrastructure improvements associated with that subdivision known as "Grey Oaks Unit Ten" CONSIDERATIONS: 1. On March 3, 1999, the Board of County Commissioners granted preliminary acceptance of the roadway, drainage, water and sewer improvements in "Grey Oaks Unit Ten". The roadwav and drainage improvements will be maintained by the uroject's homeowner's association. The sewer improvements will be maintained by the County. The potable wa,_=r ~y~em will be maintained by the City of Naples. 3. The required improvements have been constructed in accordance with the Land Development Code. The County Development Services has inspecSed the improvements and is record, ending final acceptance of the improvements. 4. A resolution for final acceptance has been prepared and approved by the County Attorney's Office. A copy of 5he document is astached. FISCAL IMPACT: The roadway and drainage improvements will be maintained bv the project's homeowners association. Sewer improvements will be maintained by the County's Utility Department through their operation and maintenance budget. The water facilities will be maintained by the City of Naples. GROWTH MANAGEMENT IMPACT: None Executive Summary Grey Oaks Unit Ten Page 2 RECOMMENDATION: That the Board of County Commissioners grant final acceptance cf the roadway, drainage, water and sewer improvements in "Grey Oaks Unit Ten" and release the maintenance security. 1. Authorize the Chairman to execute the attached resolution authorizing final acceptance. 2. Authorize the release of the maintenance security. PREPARED BY: John. R. Ho,~!dswor'{h~ Engineering Review Engineer Date !~o.~:~s - Kuck, P.~ Engineering Review Director / Ceunty Engineer Interim Planning Services Director OpUnity Dev. and Environmental SvCS. jrh AGENOA ITEMo_ FEB 2 6 2002 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 RESOLUTION NO. 02- RESOLUTION AUTHORIZING FINAL ACCEPTANCE OF THOSE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS IN GREY OAKS UNIT TEN, RELEASE OF THE MAINTENANCE SECURITY, AND ACCEPTING THE MAINTENANCE RESPONSIBILITY FOR THE ROADWAY, DRAINAGE WATER AND SEWER IMPROVEMENT'S THAT ARE NOT REQUIRED TO BE MAINTAINED BY THE HOMEOWNERS ASSOCIAIION OR THE CIIY OF NAPLES WHEREAS, the Board of County Commissioners of Collier County, Florida, on May 13, 1997 approved the plat of Grey Oaks Unit Ten for recording; and WHEREAS, the developer has constructed and maintained the roadxvay, drainage, water and sewer improvements in accordance with the approved plans and specifications and as required by the Land Development Code (Collier County Ordinance No. 91-102, as amended); and the Utilities Standards and Procedures Ordinance (Collier County Ordinance No. 97-17), and WHEREAS, the developer has now requested final acceptance of the roadway, drainage, water and sewer improvements and release of his maintenance security; and WHEREAS, the Compliance Services Section of the Development Services Department has inspected the roadway, drainage, water and sewer improvements and is recommending acceptance of said facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COLWTY COMMISSIONERS OF COLLIER COUNTY, FLORDA, that final acceptance be ~anted for those roadway, drainage, water and sexver improvements in Grey Oaks Unit Ten, and authorize the Clerk to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that the County accept the future maintenance and other attendant costs for the roadway, drainage, water and sewer improvements that are not required to be maintained by the homeowners association or the City of Naples. This Resolution adopted after motion, second and majority vote favoring same. DATE: ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: JAMES N. COLETTA, CHAIRMAN r.A.p~r~ved as to form and legal suflSd, t~ncyt Patrick G. White Assistant Collier County Attorney FEB 2 6 2002 EXECUTIVE SUMMARY REQUEST TO GRANT FINAL ACCEPTANCE OF THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF "GREY OAKS UNIT TWELVE" OBJECTIVE: To grant final acceptance of the infrastructure improvements associated with that subdivision known as "Grey Oaks Unit Twelve" CONSIDERATIONS: On April 16, 1999, the Board of County Commissioners granted preliminary acceptance of the roadway, drainage, water and sewer improvements in "Grey Oaks Unit Twelve". The roadway and drainage improvements will be maintained by the project's homeowner's association. The sewer improvements will be maintained by the County. The water improvements will be maintained by the City of Naples. The recuired improvements have been constructed in accordance with the Land Development Code. The County Development Services has inspected the improvements and is reco~ending final acceptance of the improvements. A r=~uiu~on for final accepzance has been prepared and approved by the Count}, Attorney's Office. A copy of the documen~ is attached. FISCAL IMPACT: The roadway and drainage improvements will be maintained by zhe project's homeowners association. The sewer improvements will be mainZained by the County's Utility Department through their operaZion and maintenance budget. The water improvements will be maintained by the City of Naples. GROWTH MANAGEMENT IMPACT: None FEB 2 6 2002 Executive Summary ,Grey Oaks Unit Twelve Page 2 RECOMMENDATION: That the Board of County Commissioners grant final acceptance of the roadway, drainage, water and sewer improvements in "Grey Oaks malnuen~nce Unit Twelve" and release the ' ~ - security. Authorize the Chairman to execute the attached resolution authorizing final acceptance. Authorize the release of the maintenance security. PREPARED BY: John R. Houldsworth, Encineering Review Engineer ?hom~s E. Kuck, P.E. Engineering Review Director / County Engineer i~~ ~=~ing qe~'~'ues Di~or SVCS. jrh FEB 2 6 2002 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2o 21 22 23 24 25 26 27 28 29 3o 31 32 33 34 35 36 37 38 39 4o 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 6o 61 RESOLUTION NO. 02- RESOLUTION AUTHORIZING FINAL ACCEPTANCE OF THOSE ROADWAY, DRAINAGE, WATER AND SEWER LMPROVEMENTS IN GREY OAKS UNIT TWELVE, RELEASE OF THE MAINTENANCE SECURITY, AND ACCEPTING THE MAINTENANCE RESPONSIBILITY FOR THE ROADWAY, DRAINAGE , WATER AND SEWER hMPROVEMENTS THAT ARE NOT REQUIRED TO BE MAINTAINED BY THE HOMEOWNERS ASSOCIATION OR THE CITY OF NAPLES. WHEREAS, the Board of County Commissioners of Collier County, Florida, on November 24, 1998 approved the plat of Grey Oaks Unit Txvelve for recording; and WHEREAS, the developer has constructed and maintained the roadway, drainage, water and sewer improvements in accordance with the approved plans and specifications and as required by the Land Development Code (Collier County Ordinance No. 91-102, as amended); and the Utilities Standards and Procedures Ordinance (Collier County Ordinance No. 97-17), and WHEREAS, the developer has now requested final acceptance of the roadway, drainage, water and sewer improvements and release of his maintenance security; and WHEREAS, the Compliance Services Section of the Development Sen'ices Department has inspected the roadway, drainage, water and sewer improvements and is recommending acceptance of said facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COL~TY COMMISSIONERS OF COLLIER COU~'NTY, FLORIDA, that final acceptance be ganted for those roadway, drainage, water and sewer improvements in Grey Oaks Unit Twelve, and authorize the Clerk to release the maintenance security. BE IT FURTHER RESOLVED ANT) ORDERED that the County accept the future maintenance and other attendant costs for the roadway, drainage, water and sewer improvements that are not required to be maintained by the homeowners association, or the City of Naples. This Resolution adopted after motion, second and majority vote favoring same. DATE: ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMNIISSIONERS COLLIER COUNTY, FLORIDA By: JAMES N. COLETTA, CHAIRMAN /..Approved ¥ to fom~ and legal Patrick G. White Assistant Collier County Attorney AGE.~A ITEM FEB 2 6 2002 pg. /7~ EXECUTIVE SUMMARY REQUEST TO GRANT FINAL ACCEPTANCE OF THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF "GREY OAKS UNIT THIRTEEN" OBJECTIVE: To grant final acceptance of the infrastructure improvements associated with that subdivision known as "Grey Oaks Unit Thirteen" CONSIDERATIONS: On July 15, 1999, the Board of County Commissioners granted preliminary acceptance of the roadway, drainage, water and sewer improvements in "Grey Oaks Unit lhlrteen . The roadway and drainage improvements will be maintained by the project's homeowner's association. The sewer improvements~ will be maintained by the County. The water improvements wi be maintained by the City of Naples. The recuired improvements have been construe=ed in ac~oro=n,~e with the Land Development Code. The County Development o~rv~ has inspected the improvements and is final acceptance of the improvements. A resolution for final acceptance has been prepared and approved by the County Attorney's Office. A copy of the documen~ is attached. FISCAL IMPACT: The roadway and drainage improvements will be maintained by the project's homeewners association. The sewer improvements will be main~ne by ~he County s Utility Department through their operation and maintenance budget. The water improvements will be maintained by the City of Naples. GROWTH MANAGEMENT IMPACT: None FEB 2 6 2002 I:'{,._ / -- m~ecu~i~e Summary Grey Oaks Unit Thirteen Page 2 RECOMMENDATION: That the Board of County Commissioners grant final acceptance of the roadway, drainage, water and sewer improvements in "Grey Oaks Unit Thirteen" and release the maintenance security. Authorize the Chairman to execute the attached resolution authorizing final acceptance. 2. Authorize the release of the maintenance security. PREPARED BY: ~ohn- R. Houldsworth, Engineering Review Engineer Date Thomas E. Kuck, P.E. ~.ng_neer_ng Review Director / County Engineer Interim Planning Services Director Da%e ' APPROVED BY: Jos~p-h K. Sch'.mi~t, Adm'~histraror Dev. and Environme ta Svcs. FEB 2 6 2002 1 2 3 4 5 6 7 8 9 10 11 12 13, 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3o 31 32 33 34 35 36 37 38 39 4o 41 42 43 44 45 46 47 48 49 5o 51 52 53 54 55 56 57 58 59 6O 61 RESOLUTION NO. 02-__ RE SOLUTION AUTHORIZING FINAL ACCEPTANCE OF THOSE ROADWAY, DRAINAGE, WATER AND SEWER hMPROVEMENTS IN GREY OAKS UNIT THIRTEEN, RELEASE OF THE MAINTENANCE SECURITY, AND ACCEPTING THE MAINTENANCE RESPONSIBILITY FOR THE ROADWAY, DRAINAGE , WATER AND SEWER 12VIPROVEMENTS THAT ARE NOT REQUIRED TO BE MAINTAINED BY THE HOMEOWNERS ASSOCIATION OR THE CITY OF NAPLES. WHEREAS, the Board of County Commissioners of Collier County, Florida, on December 1, 1998 approved the plat of Grey Oaks Unit Thirteen for recording; and WHEREAS, the developer has constructed and maintained the roadway, drainage, water and sewer improvements in accordance with the approved plans and specifications and as required by the Land Development Code (Collier County Ordinance No. 91-102, as amended); and the Utilities Standards and Procedures Ordinance (Collier County Ordinance No. 97-17), and WHEREAS, the developer has now requested final acceptance of the roadway, drainage, water and sewer improvements and release of his maintenance security; and WHEREAS, the Compliance Serx'ices Section of the Development Services Department has inspected the roadway, drainage, water and sewer improvements and is recommending acceptance of said facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLklER COUNTY, FLORIDA, that final acceptance be ~anted for those roadway, drainage, water and sewer improvements in Grey Oaks Unit ~hirteen, and authorize the Clerk to release the maintenance security. BE IT FURTHER RESOLVED ANT) ORDERED that the County accept the future maintenance and other attendant costs for the roadway, drainage, water and sewer improvements that are not required to be maintained by the homeowners association or the City of Naples. This Resolution adopted after motion, second and majority vote favoring same. DATE: ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: JAMES N. COLETTA, CHAIRMAN Approved as to form and legal Patrick G. White Assistant Collier County Attorney AC. dT.~A ITEM ~-~ I FEB 2 6 2002 EXECUTIVE SUMMARY REQUEST TO APPROVE FOR RECORDING TIlE FINAL PLAT OF "RUNAWAY BAY AT FIDDLERS CREEK", AND APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY OBJECTIVE: To approve for recording the final plat of "RUNAWAY BAY AT FIDDLERS CREEK", a subdivision of lands located in Section 23, Township 51 South, Range 26 East, Collier County, Florida, following the alternative procedure for approval of subdMsion plats. CONSIDERATIONS: Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "RUNAWAY BAY AT FIDDLERS CREEK". These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. All tees have been paid. Security in the amount of 10% of the total cost of the required improvements, and 100% of the cost of an,,' rer~aining improvements, together with a Construction and Maintenance Agreement for Subdivision Im'provements. shall be provided and accepted by the Planning Services Director and the County Attorneys office prior to the recording of the final plat. This would be in conformance with the Count.',' Land Development Code - Division 3.2.9. Engineering Review Section recommends that the final plat of "RUNAWAY BAh' AT FIDDLERS CREEK" be approved for recording. FISCAL IMPACT: The fiscal impact to the County is as follows. The project cost is $691,706.76 (estimated) to be borne by the developer. The cost breakdoxvn is as follows: a) Water & Sewer - $.~00,4>_.00 b) Drainage, Paving, Grading - $391,254.76 The Security amount, equal to 110% of the project cost, is $760,877.44 The Count,,,' will realize revenues as follows: Fund: Community Development Fund 113 Agency: Count>' Manager Cost Center: 138900 - Development Services Revenue generated by this project: Total: $13,448.63 FEB 2 6 2002 Executi;,'e SummaD' RUNAWAY BAY AT FIDDLER'S CREEK Paee" Fees are based on a construction estimate of $691,706.76 ill August, 2001. and were paid The breakdown is as follows: a) Plat Review Fee ($500.00 + $5./ac) - S 710.00 b) Construction Drawing Review Fee Water & Sewer (..50% const, est.) Drainage, Paving, Grading (.42% const, est.) -$150_._6 - $164~._7 c) Construction Inspection Fee \Vater & .5 7o const, est.) Sewer (1 o, Drainage, Pavin,, Gradim, (1.33/o const, est.) - $4506.78 - $5O86.32 · ' i N GROWTH M4NAGEMEt T IMPACT: The Concurrency \Vaiver and Release relating to conditional approval has been reviexvcd and approved by the }2ountv Attorney's Office for the project. ENVIRONMENTAL ISSUES: None HISRORICAL/ARCHEOLOGICAL IMPACT: None EAC RECOMMENDATION: Approval CCPC RECOMMENDATION: Approval PLANNING SERVICES STAFF RECOMMENDATION: That tile Board of County Commissioners approve tile Final Plat of "RUNAWAY BAh' AT FIDDLERS CREEK" for recording with the following stipulations: 1. Approve the amount of $760,877.44 as performance security for the required improvements. Approve the standard form Construction and Maintenance Agreement, and That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. That the plat not be recorded until suitable security and an appropriate Construction and Maintenance Agreement is approved and accepted by the Planning the County Attorney's office. Service Executix;e Summary RUNAWAY BAY AT FIDDLERS CREEK Page 3 PREPARED BY: John R. Houldsworth, Engineer Engineering Review REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Director, County Engineer Date APPROVED BY: Joseph K. Schmflt; A&mmstrator Cg~muni~, Development & Environmental Services Date .irh FEB ? fi 2002 - 3 KEY MAP N.T.S. EXECUTIVE SUMMARY APPROVE COMMITTEE SELECTION OF HENDERSON, YOUNG & COMPANY FOR CONTRACT NEGOTIATIONS FOR RFP 02-3317 "CONSULTANT SERVICES FOR IMPACT FEE UPDATE STUDIES -EDUCATIONAL FACILITIES" OBJECTIVE: Obtain Board's approval of Committee's selection of firms for professional consultant services in the preparation of an Educational Facilities Impact Fee update study and authorization to begin contract negotiations for subseqUent Board approval. CONSIDER-4,TIONS: Because of the need for timely information with regard to impact fees, it was determined by staff to be in the best interests of the County to combine multiple impact fee update studies into one Request for Proposals. However, each study will be managed and funded as a separate, distinct project. The Scope of Services included the following studies: Study 1 - Study 2 - Study 3 - Study 4 - Study 5 - Community and Regional Parks Impact Fee Update, Fire Protection Impact Fee Update Educational Facilities Impact Fee Update Correctional Facilities Impact Fee Update New Law Enforcement Impact Fee The RFP was issued in accordance with Florida State Statute 287.055, Consultant Competitive Negotiation Act, and publicly advertised on October 31, 2001. Notices were sent to 134 firms with 28 vendors requesting full packages. Four responses were received by the due date of November 21, 2001. A Selection Committee meeting for the Educational Facilities Impact Fee update was held on February 7, 2002. By consensus of the members, after review and discussion, the following rank order of firms was determined: 1. Henderson, Young and Company 2. Duncan and Associates 3. Tischler and Associates, Inc. GROWTH MANAGEMENT IMPACT: This will provide funding for the expansion of the Collier County Public School District's educational facilities inventory to accommodate growth. FISCAL IMPACT: None at this time. The final negotiated contract agreement for the Educational Facilities Impact fee study will be brought back to the Board for final approval. A target budget of $25,000 was identified in the RFP. This study will be funded entirely by the Educational Facilities Impact Fees. AGT. ,~,~ ,, t.T~M Educational Facilities Impact Fee Update Consultant Selection Page 2 RECOMMENDATION: That the Board of County Commissioners: (I) Approve the Committee's ranking of firms. (2) Authorize staff to begin contract negotiations with Henderson, Young and Company. Prepared by: p '~ Im Reviewed by: Coordinator Date: Denny Baker, Bus~ness Manager, Office of Financial Management, CD&ES ' ste~h'~nlY.'cam/ell, Purchasing Director Reviewed by:j . p . Community Development ' a)61 Environmental Serv'ices Division Approved By:/" ,~,,~.4 . 5///_.j~' ~'~Thomas W. Olliff, County Manager t ! AGF_NDA ITEM FEB 2 6 2002 EXECUTIVE SUMMARY CODE ENFORCEMENT LIEN RESOLUTION APPROVALS OBJECTIVE: For the Board of County Commissioners to adopt separate Resolutions assessing separate liens against certain parcels identified in the Resolutions in order to recover public funds expended to affect the abatement of public nuisances at such locations, all as provided for in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, the Collier County Litter, Weed and Exotics Control Ordinance. CONSIDERATIONS: Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, mandates the Board to impose a lien against property when an invoice to recover public funds expended to affect the abatement of a public nuisance is not paid at the expiration of twenty (20) days of the date of the notice. The following property owner's have not remitted the invoiced amounts. Case No. Owner of Record Case Summary Lien Amount a. Violation determined 07/23/01 b. Notice of Violation served unclaimed c. Notice of Violation Posted 08/15/01 $255.00 2001071045 Baker, Thomas L & d. Unabated nuisance verified 08/27/01 Marian J e. Nuisance abated with public funds 09/17/01 f. Owner invoiced for costs 10/02/01 a. Violation determined 10/12/01 b. Notice of Violation served unclaimed c. Notice of Violation Posted 10/29/01 $255.00 2001100633 Fast, Scott & Tammy d. Unabated nuisance verified 11/09/01 e. Nuisance abated with public funds 11/16/01 f. Owner invoiced for costs 11/29/01 a. Violation determined 09/21/01 b. Notice of Violation served 09/24/01 c. Notice of Violation Posted n/a $395.00 2001090688 Gentile, Andrexv C d. Unabated nuisance verified 10/16/01 e. Nuisance abated with public funds 11/02/01 f. Owner invoiced for costs 11/27/01 FEB 2 6 2002 a. Violation determined 09/17/01 b. Notice of Violation served undeliverable H N H Ventures, a c. Notice of Violation Posted 10/18/01 $255.00 2001090422 Florida General d. Unabated nuisance verified 10/30/01 ?artnership e. Nuisance abated with public funds 11/05/01 f. Owner invoiced for costs 11/16/01 a. Violation determined 08/29/01 b. Notice of Violation served unclaimed J M K Industries, Inc., a c. Notice of Violation Posted ru'a $255.00 2001081291 Florida Corporation d. Unabated nuisance verified 11/01/01 e. Nuisance abated with public funds 11/16/01 f. Owner invoiced for costs 11/29/01 a. Violation determined 10/04/01 b. Notice of Violation served n/a c. Notice of Violation Posted 10/04/01 $255.00 2001100165 Polanco, Alberto & d. Unabated nuisance verified 10/15/01 Denise e. Nuisance abated with public funds 11/05/01 f. Owner invoiced for costs 11/20/01 a. Violation determined 09/13/01 b. Notice of Violation served unclaimed c. Notice of Violation Posted 10/05/01 $255.00 2001090362 Rodhguez, Leovigildo d. Unabated nuisance verified 10/18/01 e. Nuisance abated with public funds 11/05/01 f. Owner invoiced for costs 11/09/01 a. Violation determined 10/18/01 b. Notice of Violation served 10/24/01 c. Notice of Violation Posted n/a $255.00 2001100769 Dominguez, Julio d. Unabated nuisance verified 11/09/01 e. Nuisance abated with public funds 11/16/01 f. Owner invoiced for costs 12/06/01 a. Violation determined 10/25/01 b. Notice of Violation served 11/01/01 c. Notice of Violation Posted n/a $255.00 2001101086 Walker, James L d. Unabated nuisance verified 11/19/01 e. Nuisance abated with public funds 11/29/01 f. Owner invoiced Ir'or costs 12/15/01 Upon the Board's adoption of the Resolutions, copies of such and the Legal Notices of Assessment xvill be mailed to the respective property owners. If the property mvners fail to pay the amounts specified in the respective Resolutions within twenty (20) days hereof, the Clerk to the Board will record the Resolutions in the official records of the County. FISCAL IMPACT: A total reimbursement of $2.435.00 may be anticipated by voluntary action or foreclosure. The only expense projected to be incurred by the County is the cost of recording the Liens, which is estimated to be approximately $12.50 per lien, totaling $112.50, which is budgeted and available in the current fiscal year Code Enforcement budget. GROWTH MANAGEMENT IMPACT: County's Growth Management Plan. This request will have no impact on the 'RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolutions. PREPARED BY: Iliana Martinez, Customer Service Spec'alit Code Enforcement REVIEWED BY: Jane~JPowers, Operations Manager Code Enforcement SUBMITTED BY: DATE: DATE: ~ - '7 - c3 ~ Michelle Edwards Arnold, Director Code Enforcement APPROVED BY: Jo'seph K. S~n~t, Adminfstrator [/~ommunit~(Development & Environmental Services DATE: FFB 2 6 2002 IgOARI) OF COUNTY COMMISSIONERS TIlROUGI! ITS CODE ENFOltCEMENT I)EI'ARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSNIENT OF LIEN BAKER, TItOMAS L & MARIAN J DATE: 2759 LAKEVIEW DR NAPLES, FL 34112 REF. INV.# 1966 FOLIO #: 48173960000 LIEN NUMBER: I.EGAI. DESCRIPTION: Lot 4, Block 6, Gulf Shores, in accordance with and subject to the plat recorded in Plat book 4, Page 50, Public Records of Collier County, Florida. You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did dmermine a public nuisance existed and constituted a violation of county' regul:~tions on August 27, 2001. and ordered the abatement of a certain nuisance existing on the above property prohibited by' Ordinance No. 99-51. as amended and ser,.ed a notice of '~iolation upon you. The nuisance is: WEEDS: ACCUMULATION OF XVEEI)S, GRASS, OR OTItER N()N-I'ROTI~C1~EI) OVERGROX, VTtl IN EXCESS OF 18" You have failed to timely abate such nuisance: x~hercupon, it xxas abated bx thc expenditure of public funds at a direct cost of FIFTY-FIVE ($55.00) 1)OLLARS and an administrative cost of Txvo-hundred ($200.00) dollars for a total of TWO-ItUNDRED FIFTY- FIVE ($255.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier County'. Florida, shall become a lien on .,,'our property' when recorded after approval by the Board. FAILURE TO TIMELY PAY TIlE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COI_~NTY. F: LIENS/MSTR LNAL 1 2 3 4 5 6 7 8 9 1o Il 12 13 14 15 16 17 18 [9 20 21 22 24 25 2O 28 29 3O 31 32 33 34 35 36 37 3S 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 RESOLUTION NO. 2002- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS SUCCESSOR TO ORDINANCE No. 91-47, AS AMENDED WHEREAS, as provided in Ordinance No. 9%51, as successor to Ordinance No. 91-47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20~ days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance bekinning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. NOW, THEREFORE, BE 1T RESOLVED BY THE BOARD OF COUNTY COM,MISSIONERS OF COLLIER COUNTY, FLORIDA, that tile property described as follows. having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: BAKER, THOMAS L & MARIAN J I.EGAI. DESCRIPTION: Lot 4, Block 6, Gulf Shores, in accordance with and subject to the plat recorded in Plat book 4, Page 50, Public Records of Collier Count)', Florida. COST: $255.00 REFERENCE#: 1966 FOLIO #: 48173960000 The Clerk shall (by regular U.S. mail) mail a cop3' of this Resolution along x~ith tile Notice of Assessment of Lien to the o~ ncr(s) of tile above-described properly. [f xxithin txx cnty (20) days of the date of mailing that cop3', the ox~ ncr fails to deliver payment in full to Collier County, tt ce~-tified cop>' of this Resolution and tile Notice of Assessment shall be recorded in the official records of Collier County, and by recording shall constitute a lien against the abo~e-described real property, and to the extent allo~ved by law, shall also be a lien upon all other real an&%r personal property mx'ned by the noted property o~vner(s) in Collier County. This Resolution passed and duly adopted by the Board of Count)' Commissioners of Collier County, Florida, this __ day of ,2002. ATI'EST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Deputy Clerk Approved as to form and legal sufficiency: Thomas C. Palmer, Assistant County Attorney F: LIEN/MSTR RESOLUTION BY: James N. Coletta, Chairman FEB 2 6 2002 BOARD OF COUNTY COMMISSIONERS TIIROUGII ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOJICE OF ASSESSME~ T OF LIEN FAST, SCOTT & TAMMY DATE: 5442 27TM AVE SE NAPLES, FL 34116 REF. INV.# 2047 FOLIO #: 36321840007 LIEN NUMBER: LEGAl. DESCRIPTION: Lot 9. Block 221, Golden Gate Subdivision, Unit No. 6, according to the plat thereof recorded in plat book 5, pages 124 through 134, inclusive, Public Records of Collier County, Florida. You. as the or, ncr(s) of the property above-described, as recorded in the records maintained by the office of the ProperLy Appraiser, are hereby advised that the Code Enforcement Director. did determine a public nuisance existed and constituted a violation of count.',' regulations on No,,ember 09. 2001. and ordered the abatement of a certain nuisance existing on the above proper~y prohibited bx Ordinance No. 99-51. as amended and served it notice of violation upon you. The nuisance is: %'EEDS: ACCUMULATION OF ~YEEDS, GRASS. OR OTItER NON-i'ROTECTED OVERGRO~VTI! IN EXCESS OF 18" You ha'.e failed to timely abate such nuisance; v, hereupon, it v,'as abated by thc expenditm-e of public funds at a direct cost of FIFTY-FIVE ($55.00} DOLLARS and an administratixe cost of Two-hundred ($200.00) dollnrs for a total of TV(O-IIUNDRED FIFTY- FIVE (5255.00) DOI. LARS. Such cost, by Resolution of the Board of County Commissioners of Collier County. Florida, shall become a lien on )'our property ,,,,hen recorded after approval by the Board. FAILURE TO TIMELY PAY TIlE ASIOU,~T SPECIFIED 1N TillS NOTICE MAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY. F LIENS/MSTR LNAL FEB 6 ?002 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3o 31 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 61 62 RESOLUTION NO. 2002- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS SUCCESSOR TO ORDINANCE No. 91-47, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such properly; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel: and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than tx~enty (20) da`,s of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. NOW, THEREFORE. BE IT RESOLVED BY THE BOARD OF COUNTY CO*IMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follo'.~s, having been abated of a public nuisance after due and proper notice thereof to the ov.'ner(s) of said property, is hereby assessed the following costs of such abatement, to ,,,,'it: NAME: FAST, SCOTT & TAMMY I.EGAL DESCRIPTION: Lot 9, Block 221, Golden Gate Subdivision, [!nit No. 6, according to the plat thereof recorded in plat book 5, pages 124 through 134, inclusive, Public Records of Collier County, Florida. COST: $255.00 REFERENCE#: 2047 FOLIO #: 36321840007 Tile Clerk shall (by regular U.S. mail) mail a cop)' of this Resolution :dong with the Notice of Assesslnent of Lien to tile owner(s) of the above-described property. If x~ ithin menty (20) da~s of the date of mailing that cop3', the ox~ner fails to deliver payment in full to Collier County. a certified cop)' of this Resolution and the Notice of Assessment shall be recorded in the official records of Collier Count)', and by recording shall constitute a lien against the above-described real property, and to the extent allowed by law, shall also be a lien upon all other real and/or personal property o:~ ned b) the noted properly owner(s) in Collier County. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this __ day of ,2002. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: BY: Deputy Clerk Approved as to form and legal sufficiency: Thomas C. Palmer, Assistant County Attorney James N. Coletta, Chairman F: LIEN/MSTR RESOLUTION FEB 2 ro 200 BOARD OF COUNTY COMMISSIONERS TllROUGlt ITS CODE ENFORCEMENT I)EI'ARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF I~IEN GENTILE, ANDREW C DATE: 4396 18TM AVE SW NAPLES, FL 34116 REF. INV.# 2033 FOLIO #: 35758360009 LIEN NUMBER: EEGAL DESCRIPTION: Lot 16, Block 35, GOLDEN GATE, Unit 2, according to the plat thereof recorded in plat book 5, pages 65 through 77, of the Public Records of Collier County. Florida. You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did determine a public nuisance existed and constituted a violation of county regulations on October 16, 2001. and ordered the abatement of a certain nuisance existing on the above pro?crty prohibited by Ordinance No. 99-51, as amended and serxed a notice of violation upon you. Thc nuisance is: ~A'EEDS: ACCUMLTM OF WEEDS, GRASS, OR OlltER NON-PROTI.~CTEI) OVERGRO~,¥Tli IN EXCESS OF 18" LITTER: PROtlIBITED DUMPING, ACCUMULATION, STORAGE OR BURI..\I. OF lATTER, WASTE OR ABANDONED I'ROI'ERTY You have t'ailed to timely abate such nuisance: ~hereupon. it x~as alxttcd by the expenditure of public funds at a direct cost of ONE IIUNDRED NINETY-FIVE ($195.00) I)OLLARS and an administrative cost of Txvo-hundred ($200.00) dollars for a total of TIIREE- ItUNDRED NINETY-FIVE ($395,00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property when recorded after approval by the Board. FAILURE TO TI*lELY PAY TIlE AMOUNT SPECIFIED 1N THIS NOTICE MAY RESULT IN A LIEN AGAINST AI.L OF YOUR PROPERTY IN COLLIER COUNT't[. F: LIENS/MSTR LNAL FEB 2 6 2002 1 2 3 4 6 7 8 9 10 11 12 13 14 15 16 18 19 20 2t 23 24 25 2~ 27 2S 29 3O 31 32 33 54 35 3~ 37 35 39 4O 41 42 43 44 45 46 49 50 51 52 53 54 56 57 59 60 6[ 62 RESOLUTION NO. 2002-.__ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS SUCCESSOR TO ORDINANCE No. 91-47, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twent5 i20) davs of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginnine on the date this Resolution is recorded at the rate of twelve percent (12,~) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNT5.' COMMISSIONERS OF COLLIER COUNTY, FLORIDA. that the property described as follows. having been abated of a public nuisance after due and proper notice thereof to the o~ncr(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: GENTILE, ANDREW C I.EGAI, DESCRIPTION: Lot 16, Block 35, GOLDEN GATE, Unit 2, according to the plat thereof recorded itl plat book 5, pages 65 through 77, of the Public Records of Collier County, Florida. COST: $395.00 REFERENCE#: 2033 FOLIO #: 35758360009 Thc Clerk shall (by regular U.S. mail) mail a cop5' of this Resolution along v, ith the Notice of Assessment of Lien to the owner(s) of thc above-described property. If v, ithin m'cnty (20) days of die date of mailing that cop5', the owner fails to deliver payment in full to Collier County. a cea-tiffed copy of this Resolution and the Notice of Assessment shall be recorded in thc official records of Collier County, and by recording shall constitute a lien against the above-described real property, and to the extent allowed by law, shall also be a lien upon all other real and/or personal property owned by the noted properly owner(s) in Collier County. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this __ day of ,2002. A'Iq'EST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA BY: Deputy Clerk Approved as to form and legalma~Ci~ x''x~sufficiency:~ ~. ~A~./ Tho Palmer, Assistant County Attorney F: LIEN/MSTR RESOLUTION BY: James N. Coletta, Chairman FEB 2 6 2002 BOARD OF COUNTY COMMISSIONERS TitROUGIi ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN IINlt VENTURES, a Florida General Partnership DATE: R/A W.J. & SHEILA B. HAMTON 4930 12TM AVE SW NAPLES, FL 34116 REF. INV.# 2041 FOLIO #: 36325040007 LIEN NUMBER: LEGAL DESCRIPTION: Lot 4, Block 226, GOLDEN GATE, Unit No 6, according to the plat thereof, as recorded in Plat hook 5, Pages 124 through 134, of the puhlic records of Collier Count)', Florida. You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did determine a public nuisance existed and constituted a violation of count>' regulations on October 30, 2001, and ordered the abatement of a certain nuisance existing on the aboxc property prohibited by Ordinance No. 99-51, as amended and served a notice of xiolation upon >ou. Tine nuisance is: WEEDS: ACCUMULATION OF '~VEEDS, GRASS, OR OTIIER NON-PROTECTI'~I) OVERGRO~,VTIt IN EXCESS OF 18" You have failed to timely abate such nuisance; ~hereupon, it was abated b.', the expenditure of public funds at a direct cost of FIFTY-FIVE {555.00) DOLLARS and an administrative cost of Two-hundred ($200.00) dollars for a total of TWO-IIUNDRED FIFTY- FIVE ($255.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property ,.,,'hen recorded after approvnl by the Board. FAILURE TO TIMELY PAY TIlE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY. F: LIENS/MSTR LNAL FEB 2. 6 2002 6 7 $ 9 10 11 12 13 t5 16 17 18 19 20 21 22 23 24 26 27 28 29 30 31 32 33 34 35 36 37 35 39 -I0 .12 43 44 45 46 47 49 50 51 52 53 54 55 56 5'/ 58 59 60 61 62 RESOLUTION NO. 2002- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR TIlE ASSESSMENT OF LIEN FOR TIlE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS SUCCESSOR TO ORDINANCE No. 91-47, AS AN/ENDED WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and \VHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the properly described as folloxvs. having been abated of a public nuisance after due and proper notice thereof to the o~t hefts) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: IINH VENTURES, a Florida General Partnership LEGAL DESCRIPTION: Lot 4, Block 226, GOLDEN GATE, Unit No 6, according to the plat thereof, as recorded in Plat book 5, Pages 124 through 134, of the public records of Collier Count.',', Florida. COST: $255.00 REFERENCE#: 2041 FOI.IO #: 36325040007 The Clerk shall (by regular U.S. mail) mail a cop,',' of this Resolution along xxith thc Notice of Assessment of Lien to the owner(s) of tile above-described propei~3. If within txxentv (20) days of tile date of mailing that cop5.', the mxner fails to delixer payment in full to Collier County, a certified copy of this Resolution and the Notice ot' Assessment shall be recorded in the official records of Collier County, and by recording shall constitute a lien against the above-described real property, and to the extent allowed by law, shall also be a lien upon all other real and/or personal property owned by the noted property owner(s) in Collier County. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this __ day of 2002. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSION'ERS COLLIER COUNTY, FLORIDA BY: BY: Deputy Clerk Approved as to form and legal sufficiency: Thomas C. Palmer, Assistant County Attorney F: LIEN/MSTR RESOLUTION James N. Coletta, Chairman FEB 2 6 2002 BOARD OF COUNTY COMMISSIONERS TItROUGli ITS CODE lr. NFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN DATE: J M K INDUSTRIES INC., A Florida Corporation 2375 TAMIAMI TRAIL N. NAPLES, FL 34103 REF. INV.# 2052 FOLIO # 31055005252 LIEN NUMBER: LEGAL DESCRIPTION: Lot(s) 20 & 22, Block M, Embassy Woods Golf & Country Club at Brettone Park, Phase One, according to the Plat thereof recorded in Plat Book 17, Page 47, Public Records of Collier County, Florida. You, as the owner(s) of the property above-described, as recorded in the records maintained by thc office of the Property Appraiser, are hereby advised that the Code Enforcement Director. did determine a public nuisance existed on lot 22, and constituted a violation of county regulations on November 1. 2001, and ordered the abatement of a certain nuisance existing on tl~c above property prohibited b5 Ordinance No. 99-51, as amended and served a notice of x iolation upon you. The nuisance is: ~,VEEI)S: ACCUMULATION OF V~'EEDS, GRASS, OR OTIIER NON-PI~,OTECTED OVERGROWTH IN EXCESS OF 18" You have failed to timely abate such nuisance; whereupon, it ~as abated by the expenditure of public funds at a direct cost of FIFTY-FIVE ($55.00) DOI.LAI{S and an administrative cost of Two-huodred ($200.00) dollars for a total of TWO-ItUNDRED FIFTY- FIVE ($255.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on 3'our property when recorded after approval by the Board. FAILURE TO .TIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY. F: LIENS/MISTR LNAt. AGENDA FEB 2 6 002 6 7 8 9 10 11 12 13 14 15 16 17 IS 19 20 21 22 23 24 25 26 27 2S 29 30 31 32 33 34 35 37 3S 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 6O 62 RESOLUTION NO. 2002- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF TIlE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS SUCCESSOR TO ORDINANCE No. 91-47, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, tile direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the Count>', shall be assessed against such property; and \VHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the propeily against which made until paid; and WttEREAS, the assessment shall become due and payable no later than tx~enty (20) daxs of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on ~he date this Resolution is recorded at the rate of twelve percent (12c~) per annum. NOW, TtlEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA. that lot(s) 22 of tile property described as follo~s. Il:wing been abated of a public nuisance after due and proper notice thereof to the ox~ner(s) of said prol~crLv, is hereby assessed the follm~ ing costs of such abatement, to ~ it NAME: J M K INDUSTP, IES, INC., n Florida Corporation LEG.-\I. DESCRIPTION: Lot(s) 20 & 22, Block M, Embassy Woods Golf &Cot, ntry Club at Brettone Park, Phase One, according to the Plat thereof recorded in Plat Book 17. Page 47, Public Records of Collier County, Florida. COST: $255.00 I~,EFERENCE#: 2052 Fei JO it: # 31055005252 Tile Clerk shall tb) regular U.S. mail) nlail a cop.',' of this Resolution along \\ith tile Notice of Assessnlent of Lien to tile owner(s) of tile above-described prope~'ty. If v. ithin days of tile date of mailing thai coil>, the o~ncr fails to deliver payment in full to Collier County. a certified copy of this Resolution and tile Notice of Assessment shall be recorded in thc official records of Collier County, aud by recording shall constitute a lien against thc above-described real propexly, and to the extent allowed by law, shall also be a lien upon all other real and/or personal property oxvned by thc noted propet'ty o,a net(s) in Collier County. This Resolution passed and dui>,,' adopted by the Board of Count>, Commissioners of Collier Count>,, Florida, this __ day of 2002. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: BY: Deputy Clerk Approved as to form and legal sufficiency: Thomas C. Palmer, Assistant County Attorney F: LIEN/MSTR RESOLUTION James N. Coletta, Chairman BOARD OF COUNTY COMMISSIONERS TIIROUGll ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAl, NOTICE OF ASSESSMENT OF LIEN POLANCO, ALBERT & DENISE DATE: 6741 LIVINGSTON WOODS LN NAPLES, FL 34109 REF. INV.# 2037 FOLIO # 53125000505 LIEN NUMBER: LEGAL DESCRIPTION: Lot 10, Kirtland Pines, in accordance with and subject to the plat recorded in Plat Book 16, Pages 73 and 74, Public Records of Collier County, Florida. You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did detem~ine a public nuisance existed and constituted a violation of count.'.' regulations on October 15, 2001. and ordered the abatement of a certain nuisance existing on the aboxe property prohibited by Ordinance No. 99-51, as amended and served a notice of violation upon you. The nuisance is: WEEDS: ACCUNIULATION OF ",VEEDS, GRASS, OR OTHER NON-Pi~-OTECTEI) OVERGRO~VTII IN EXCESS OF Yot, have failed to timely abate such nuisance; whereupon, it xxas abated by the expenditure of public funds at a direct cost of FII:TY-FIVE ($55.00) DOLLARS and an administrative cost of Two-buudred (5200.00) dollars for a total of T\VO-IIUNI)RF.I) I:IFTY- FIVE ($255.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier Cotlnty. Florida, shall become a lien on your property when recorded after approval by the Board. FAILURE TO TIMELY PAY TIlE AMOUNT SPECIFIED IN TillS NOTICE MAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY. F: LIENS/MSTR LNAL 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 3(> 37 3S 39 4o 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 RESOLUTION NO. 2002- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR TIlE ASSESSMENT OF LIEN FOR TIlE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-5 I, AS SUCCESSOR TO ORDINANCE No. 91-47, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than tv, entv !20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of m'elve percent (12%) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA. that the property described as follows. having been abated of a public nuisance after due and proper notice thereof to the ox~ner(s) of said property, is hereby assessed the folloxx lng costs of such abatement, to wit: NAME: POLANCO, ALBERTO & DENISE I.EGAL DESCRIPTION: Lot 10, Kirtland Pines, in accordance with and subject to the plat recorded in Plat Book 16, Pages 73 and 74, Public Records of Collier County, Florida. COST: $255.00 REFERENCE#: 2037 FOLIO #: 53125000505 The Clerk shall (by regular U.S. mail) nlail a cot')>' of this Resolution along v, ith tine Notice of Assessment of Lien to the turner(s) of the aboxe-describcd properU. If ~ithin txxent.x ~20) days of the date of mailing that copy. the oxxncr fails to dclixer pa)ment in full to Collier Countx. a certified copy of ttnis Resolution and tine Notice of Assessment shall be recorded in the official records of Collier Count)', and by recording shall constitute a lien against tine abo~e-dcscribed real property, and to the extent alloxved by la~, slnall also be a lien upon all ortner real an&'or personal p,'operty owned by the noted property owner(s) in Collier County. This Resolution passed and duly adopted by the Board of Count)' Commissioners of Collier Count),, Florida, this __ day of ,2002. ATFEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: BY: Deputy Clerk Approved as to form and legal sufficiency: Thomas C~ss~~ ~.~ ~0'~"-munty Attome5 F: LIEN/MSTR RESOLUTION James N. Coletta, Chairman FEB 2 6 21102 BOARD OF COUNTY COMMISSIONERS THROUGll ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN RODRIGUEZ, LEOVIGILDO DATE: 5100 24TM AVE SW #1 NAPLES, FL 34116 REF. INV.# 2034 FOLIO # 36317120003 LIEN NUMBER: LEGAL DESCRIPTION: LOT 6, BLOCK 202, GOLDEN GATE UNIT 6, ACCORDING TO TltE PLAT TItEREOF, OF RECORD IN PLAT BOOK 5, PAGE(S) 124 THROUGH 134, OF TIlE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did determine a public nuisance existed and constituted a violation of county regulations on October 18, 2001, and ordered the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51, as amended and served a notice of violation upon you. The nuisance is: WEEDS: ACCL~IULATION OF VVEEDS, GRASS, OR OTItER NON-PROTECTED OVERGROWTIt IN EXCESS OF 18" You have failed to timely abate such nuisance; x: hereupon, it ,.tas abated b'~ the expenditure of public funds at a direct cost of FIFTY-FIVE ($55.00) DOI.LARS and an administrative cost of T~vo-hundred ($200.00) dollars for a total of TxA'O-ItUNDRED FIFTY- FIVE ($255.00) DOLLARS. Such cost, by Resolution of the Board of Count}' Commissioners of Collier Count>'. Florida, shall become a lien on }'our property when recorded after approval by the Board. FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY. F: LIENS/MSTR LNAL FEB 2 6 2002 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 3'1 38 39 40 41 42 43 44 45 46 47 48 49 5O 51 52 53 54 55 56 57 58 59 60 6l 62 RESOLUTION NO. 2002-__ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR TIlE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS SUCCESSOR TO ORDINANCE No. 91-47, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. NOW, THEREFORE, BE 1T RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the properly described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said properly, is hereby assessed tile following costs of such abatement, to wit: NAME: RODRIGUEZ, LEOVIGILDO LEGAL DESCRIPTION: LOT 6, BLOCK 202, GOLDEN GATE UNIT 6, ACCORDING TO THE PLAT TItEREOF, OF RECORD IN PLAT BOOK 5, PAGE{S) 124 TIIROUGlt 134, OF TIlE PUBLIC RECORDS OF COLLIER CO[~'TY, FLORIDA COST: $255.00 REFERENCE//: 2034 FOLIO #: 36317120003 The Clerk shall (by regular U.S. mail) mail a cop5' of this Resolution along xxith the Notice of Assessment of Lien to tile ov, ner(s) of the above-described properly. If within t~venty (20'1 days of the date of mailing that cop5', the owner fails to deliver payment in full to Collier County, a certified cop3' of this Resolution and the Notice of Assessment shall be recorded in the official records of Collier County, and by recording shall constitute a lien against the above-described real properly, and to the extent allowed by law, shall also be a lien upon all other real and/or personal properly owned by the noted property owner(s) in Collier County. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this day of ,2002. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: BY: Deputy Clerk Approved as to form and Thomas C. Palmer, Assistant County Attorney F: LIEN/MSTR RESOLUTION James N. Coletta, Chairman FEB 2 6 2002 BOARD OF COUNTY COMMISSIONERS TIIROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN DOMINGUEZ, JULIO DATE: 74 ASHLEY ST BRIDGEPORT, CT 66101617 REF. INV.# 2045 FOLIO #: 36247840000 LIEN NUMBER: LEGAl, DESCRIPTION: Lot 8, Block 175, Unit 5 Part - GOLDEN GATE, according to plat thereof recorded in Plat Book 5, Page 122 of the Public Records of Collier Count)', Florida. You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did determine a public nuisance existed and constituted a violation of count.',' regulations on November 9, 2001, and ordered the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51, as amended and served a notice of violation upon you. The nuisance is: V(EEDS: ACCUMULATION OF ~VEEI)S, GRASS, OR OTHER NON-PROTECTED OVERGROWTII IN EXCESS OF 18" You have failed to timely abate such nuisance; whereupon, it :vas abated by the expenditm'e of public funds at a direct cost of FIFTY-FIVE ($55.00) DOLl. ARS and ;in administrative cost of Two-hundred ($200.00) dollars for a total of TWO-IIUNDRED FIIq'Y- FIVE ($255.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on 5'our property when recorded after approval by the Board. FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY. F: LIENS/MSTR LNAL FEB 2 6 2002 6 7 8 9 10 I1 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 3S 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 RESOLUTION NO. 2002- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS SUCCESSOR TO ORDINANCE No. 91-47, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than txvent3' (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of txvelve percent (12~) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY CONINIISSIONERS OF COLLIER COUNTY, FLORIDA. that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the oxvner(s) of said property, is hereby assessed the folloxving costs of such abatement, to wit: NAME: DOMINGUEZ, JULIO LEGAl, DESCRIPTION: Lot 8, Block 175, Unit 5 Part - GOLDEN GATE, according to plat thereof recorded in Plat Book 5, Page 122 of the Public Records of Collier Count)', Florida. COST: $255.00 REFERENCE#: 2045 FOI.IO #: 36247840000 The Clerk shall (by regular U.S. mail) mail a cop-`,' of this Resolution along with the Notice of Assessment of Lien to the ex, net(s) of the above-described property. If v~ithin txxentx t203 days of the date of mailing that cop.',', the owner fails to deliver pa3ment in full to Collier County. a certified cop-`,' of this Resolution and the Notice of Assessment shall be recorded in the official records of Collier County, and by recording shall constitute a lien against the above-described real property, and to the extent allowed b3' law, shall also be a lien upon all other real and/or personal propel'ty owned b3' the noted property oxvner(s) in Collier County. This Resolution passed and dui,,,' adopted by the Board of County Commissioners of Collier Count-`,,, Florida, this__ day of 2002. ATI'EST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: BY: Deputy Clerk Approved as to form and legal sufficiency: Thomas ~. Palmer, Assistant Count-`,, Attorney F: LIEN/MSTR RESOLUTION James N. Coletta, Chairman FEB 2 6 2002 BOARD OF COUNTY COMMISSIONERS TtlROUGIt ITS CODE ENFORCEMENT I)EPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN WALKER, JAMES L. DATE: 720 BANYAN BLVD. NAPLES, FL 34102 REF. INV.# 2068 FOLIO #: 36122560007 LIEN NUMBER: LEGAL DESCRIPTION: Golden Gate UnitSBIk 13~Lot 1,~Collier County, Florida. You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did determine a public nuisance existed and constituted a violation of county regulations on November 19, 2001, and ordered the abatement of a certain nuisance existing on the abo~e property prohibited by Ordinance No. 99-51, as amended and served a notice of violation upon you. The nuisance is: WEEDS: ACCUMULATION OF WEEDS, GRASS, OR OTIIER NON-PROTI-~CTED OVERGRO%q'tl IN EXCESS OF 18" You ha',e failed to timel,,, abate such nuisance: ~hereupon, it was abated b'. the expenditure of public funds at a direct cost of FIFTY-FIVE {55S.00) DOIA,:\RS and an administrative cost of Tv,'o-hundred ($200.00} dollars for a total of T~VO-IIUNDRED FIFTY- FIVE (525~.00) DOI,LARS. Such cost, by Resolution of the Board of County Commissioners of Collier Count:'. Florida, shall become a lien on your property ~,,hen recorded after approval by the Board. FAILURE TO TIMELY I'AY TIlE AMOUNT SPECIFIED IN TillS NOTICE MAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY. F LIENS/MSTR LNAL FEB 2 6 2002 1 2 3 4 5 6 7 8 9 1o 11 [2 13 14 15 16 17 18 19 20 21 22 23 2-1 25 26 27 28 29 3o 31 32 33 34 35 36 37 3s 39 4o 41 .12 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 RESOLUTION NO. 2001-__ A RESOLUTION OF TIlE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR TIlE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS SUCCESSOR TO ORDINANCE No. 91-47, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47. as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twel:e percent (12~) per annum. NOW, TItEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described :is follows, having been abated of a public nuisance after due and proper notice thereof to the or, net(s) of said properly, is hereby assessed the following costs of such abatement, to ,.,.'it: NAME: WALKER, JAMES L. LEGAl. DESCRIPTION: GOLDEN GATE, Unit 4 Blk 135 Lot 12, Collier County, Florida. COST: $255.00 P. EFERENCE#: 2068 FOIAO #: 36122560007 The Clerk shall mail a Notice of Assessment of Lien to the owner(s) of the above described property, and if such owner fails to pat' such assessment within menU (20) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County. to constitute a lien against such property according to law. unless such direction is stayed by this Board upon appeal of the assessment by the owner. This Resolution passed and duly adopted by the Board of County Comnfissioners of Collier County, Florida, this day of 2001. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: BY: Deputy Clerk Approved as to form and legal sufficiency: ~ Thomas C. Palmer', Assistant County Attorney James D. Caner, Ph.D., Chairman FEB 2 002 F: LIEN/MSTR RESOLUTION EXECUTIVE SUMMARY ADOPTION OF A RESOLUTION APPROVING TWO (2) APPLICATIONS FOR IMPACT FEE WAIVERS FOR ELIGIBLE CHARITABLE ORGANIZATIONS OBJECTIVE: That the Board of County Commissioners consider two (2) applications for impact fee waivers for charitable organizations pursuant to Ordinance No. 2001-13, Section 74-203. If approved, the Board will adopt the attached resolution granting the two requested waivers and authorize staff to process partial reimbursements of Road, EMS, and Correctional Facilities (Jail) impact fees totaling $7,500 for each application, or a cumulative total of fifteen thousand dollars ($15,000). CONSIDERATIONS: Chapter 74 of the County's Code of Laws and Ordinances, as amended (The Consolidated Impact Fee Ordinance, or CIFO) provides for a limited waiver program by specified not-for-profit, charitable entities that are exempt from federal income taxes under the specified provisions of Section 501 of Chapter 26 of the United States Internal Revenue Code, and which will provide services of substantial benefit to residents of Collier County at no charge or at reasonable, reduced rates. No development is eligible for an Impact Fee waiver in excess of $7,500. The funding for these waivers is limited to $100,000 in a fiscal year and is payable from accumulated and unencumbered interest in each of the affected Impact Fee Trust Accounts. The Board adopted the current exemption provisions on October 9, 2001, by application of Ordinance No. 2001-54, thereby amending the CIFO. On February 12, 2002, the Board adopted an Ordinance to amend the CIFO to authorize after-the-fact applications for impact fee waivers applicable to specified not-for-profit, federal income tax exempt entities that acquired building permits for waiver eligible construction after September 7, 2001 and before October 13, 2001. Two not-for-profit entities were issued building permits within thirty (30) days prior to the Board's adoption of Ordinance No. 2001-54. These agencies are (1) The Neighborhood Health Clinic, and (2) Planned Parenthood of Collier County, Inc. The building permit for Planned Parenthood was issued by Collier County on September 10, 2001. The building permit for The Neighborhood Health Clinic was issued by the City of Naples on October 8, 2001. Representatives of these entities had made inquiries to the County and the City about' the then proposed (but not then adopted) ordinance amendments, and assumed that the respective entity would be able to apply for the then envisioned waivers subsequent to the effective date of the Ordinance. 'Adoption of a Resolution Approving Two (2) Applications for Impact Fee Waivers for Chhritable Organizations Page 2 The above agencies have submitted complete applications for waivers, including documentation of their tax exempt status (attached). FISCAL IMPACT: The fiscal impact will be to encumber up to but not to exceed $15,000 of this fiscal year's maximum of $100,000 in unencumbered interest, pro-rata, in the respective affected impact fee trust fund accounts, thereby reducing this fiscal year's cumulative total waiver eligibility not to exceed an additional $85,000.00. Sufficient interest earnings were realized in FY 01 in the Road, EMS, and Correctional Facilities Impact Fee Trust Accounts to fund the requested waivers. Approval of these requests will not reduce current year revenue receipts enough to adversely affect capital project funding. The recommended distribution of the cost of each waiver among the applicable impact fee trust accounts is summarized in the following tables. If approved by the Board, staff will thereby be authorized to process partial impact fee reimbursements in the amounts indicated in the Recommended Distribution of Waiver column below. Impact Fees Assessed Road EMS Jail Total: NEIGHBORHOOD HEALTH CLINIC Dollar Amounts Previously Paid $41,020.56 $ 644.64 $ 9,338.16 $51,003.36 Percent Distribution 80.43% 1.26% 18.31% 100.00% Recommended Distribution of Waiver $6,032.00 $ 95.00 $1,373.00 S7,500.00 PLANNED PARENTHOOD OF NAPLES, INC. Impact Fees Dollar Amounts ! Percent Distribution Assessed Previously Paid ] Road $15,851.32 '57.31% EMS $ 262.20 0.95% Jail $11,545.17 ! 41.74% Total: $27,658.69 100.00% Recommended Distribution of Waiver $4,298.00 $ 71.00 $3,131.00 S7,500.00I TOTALS Impact Fees Dollar Amounts P'~r-cent Distribution Recommended Assessed Previously Paid Distribution of Waiver Road $56,871.88 68.87% $10,330.00 EMS $ 906.84 1.11% $ 166.00 Jail $20,883.33 30.03% $ 4,504.00 Total: $78,662.05!._ 100.00% $15,000.00 FEB 2 6 2002 · Adoption of a Resolution Approving Two (2) Applications for Impact Fee Waivers for Charitable Organizations Page 3 GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolution the thereby authorize granting impact fee waivers of $7,500 for each of these two (2) charitable federal income tax organizations that are eligible for these waivers pursuant to the CIFO (a total of $15,000), the Neighborhood Health Clinic and Planned Parenthood of Collier County, Inc., for building permits issued ar'cer September 7, an0 ~efore0ctoDer 13, 2001; and that by approval of this Executive Summary the Board' authorize staff to process partial impact fee reimbursements in the amounts indicated in the Fiscal Impact section above. SUBMITTED BY: REVIEWED BY: APPROVED BY: Denny Baker, Business Manager ~.. Date: Fee COordinator Date:_ D -] ~-0 ~' J~eph K. gc'/hn~itt, Admfnistrator /Community Development & Environmental Services Division / FEB 2 6 2002 · Adoption of a Resolution Approving Two (2) Applications for Impact Fee Waivers for Charitable Organizations Page 3 GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolution the thereby authorize granting impact fee waivers of $7,500 for each of these two (2) charitable federal income tax organizations that are eligible for these waivers pursuant to the CIFO (a total of $15,000), the Neighborhood Health Clinic and Planned Parenthood of Collier County, Inc., for building permits issued after September 7, and bafore0c~:ober 13, 2001; and that by approval of this Executive Summary the Board authorize staff to process partial impact fee reimbursements in the amounts indicated in the Fiscal Impact section above. SUBMITTED BY: REVIEWED BY: APPROVED BY: hil Tiff'dali, lact Fee Coordinato __/~~.1 Date: c::~ - ]5''~ Denny Baker, Business Manager / , .,,I,,,.._..~-..~z~7_,~~ Date: ~// .,./d.2-- /Jg~seph K. S,O(Lrnitt, AdminisZtrator .... (/~ommunits/Development & Environmental Ser¥~ces D~v~s~on APPROVED BY: Thomas W. Olliff County Manager Date: FEB 2 6 2002 Neighborhood Health Clinic Hc, z~:IIcarc ~br ~h,,st ~ho cl~oo~t ~/or} over w¢!lhre. January 31, 2002 Philip R. Tindall, Impact Fee Coordinator Office of Financial Management Community Development & Environmental Services Division Collier County Government 2800 North Horseshoe Drive Naples, Florida 34104 Subject: Request for Partial Impact Fee Waiver for Neighborhood Health Clinic, City of Naples Building Permit No. 101644 Dear Mr. Tindall: Please consider this letter and attachments as my application on behalf of the Neighborhood Health Clinic for a partial waiver of Collier County impact fees, in the amount of $7,500.00, for the subject building permit pursuant to Collier County Ordinance No. 2002-13, as amended, Section 74-203. Please advise if additional information or documentation is required. ancy U. ~ene~ckm::xecutwe L~rector Attachment: Documentation of 501© 3 P.O. Box 8087, Naples, Florida 34101 Cc: John Nocera, Building Chairman Neighborhood Health Clinic Board of Directors 941.261.6600 I-.,x 941.261.6582 www. ne. FEB 2 6 2002 ]NTERNRL REVENUE DIS?RI:T D~RECTDR ?0 ~Ox ~0~7 NR?LE~ FL ~410~ · ': .... TH~ · .. OF. PART#ENT 'OF TREASURY ~ot,~oc~ Telephone Number= ~cc,=un~lfl~ Period Ending~ F,3rm Y?O Eequlred= Butted on. inf¢,rmation ,~uppt. lecJe and a~suming yr.,ur operal;Jon~, Hill be 5~.~ted in your al)plical;Ion f'or re,cc, gal·~l':'n of e~emptlon~ ~e have Re,venue Cc,~e' as an r:,rga~i::,4~o~, d~scrlbed in ~ection 501(c) W~ have further deterained th~ you are ~)ot a private toUhU6tion de!~crihc, d )~ ~ec~ior, s 5OD(n) (1) a)~d 170(I)) (~) (A) (iii> · om~.,nded document or bylsH~. AI~o) you sho~lU inform u~ of ~)l cha.ge~ t~ your A~ of .l~nuary 't, 1934~ you are liable for ~a):es u~wde)' the FeOeral ]nsuranc~ ~onbrlbutic, ns Ac'b (social fiecurity ~a)(e~) c,a remunerat)on oi ,:,r mc, fa you pay to, each (:,f yaur employee5 ~MPmi~g a calendar year. You are Since you ere not a private founde%lon, you ~r'e n~ ~ubJect 'to ~he excise ~a~:es u.de? Chapter 4~ of ~he CoOe. Ho~lover~ If yr~u are involved in a~ excess bauer i'C tran!;actic, n~ that tra~uactlon m luht, b~t subject ~o :he exc isa sec:ion 49E;3. Additlc, nnllY~ you are no~ autc, mnt;ically e~eept from other other Ttt. deral ta~es~ please Kc, at;aC: your key district office. Or'a~toru a~d cc,~ribu~ors amy ?ety ,)n th}~ de~ar~ihaticm u~le~ the Inl;ernel ~evemue Service publishes no, ice to thc. contrwi'y. Ho~iever, if you lose your se~;:ic, n GOg(a)(L) statu~, n gra'ntor or [:cmtributor aay not rely p~r: of ~he orga)~i:a~ic, n bha~ re~ulted in your Io~ ol ~uch ~tatua, or sh~, acquired knowledge ~lia~ the l'~:erl{al Revenae (h~rvice had given you Hould no longer be classified a~ a s,~ctlo~l 609(d)(I> organJzati .... A~I~ Letter 947 ([,O/CG) FEB NEIOHBORHOOD HEALTH CL]:NIC -2- applicable p~ovisic,n~ of Cc, d~ sectic, lt~ 20~5~ 2106~ and 3522, Cc, n~ributi*:,~ deduc~ion~ are allo~l~bl~ t;o doeth, rs o~ly to, ~he ~xten~ ~h~ ~heir cc, n'l:ribu'~ir/ns are gi'f~, ~lj~h ~lC, cc,}~sJ~c~ra%~o~ r~celv~.~. T~cke't per-. n0. cessam'~iy qualify as cl~cluc~ihI~, ccmtr[butio~u~ depe~din~ on 'Lhe circum- 5t0nce~. See Revenue Ruling 6'2-246~ published Jfl f;umul~tlve BulletJ~ page 104, ~hich ge't'.s forth g~,deli~es rega~di~g the deduc~ibility~ .as chari'- ~16 c(:,ntrihutic, n5~ of p~ynient,~ made- hy .:a):poyBr~; for admlosic,n In the h~:-auing o'f ~hi~ le~'~er Fie have indicat,,~d Hh~'ther you mast t iJb, 95'0t rift;urn c,f Or gan lzat;io, Dxempt From :(lic~me '1'~);. If Ye5 is indicat~rd~ you I~C, rmally ~(,1'[' th~ $25~000. Ho~lever, If '/ou receive ~ Form 990 packago t~ the mail~ I) I~aG~.' filF': :he re'turn ev~m j¢ yOU dC, ~L3~ e)',ceed Che gr'os9 you ~re not r¢.quir~d Lo fi l¢.~ ~imply ,]~acJ)'t,h¢.. mabel pr'ovi~ed~ check the n~c,n~h ~fter the end of your' a~nual aCcc,~atllt9 peri/.,d. ~ penalty (:,t ~20 a day cha~ge~ when ,~ r~,~ur'n i~ fii~d Ja~e~ tulle~ 't;her'e t~ reasonable cause fc.r del.~y. H,>Hever'~ ~he m,}xil~u~ pe~alCy char'ged c3~nc,'~ e)',Ceecl ~.tO,O00 perc~.~t o( yo~tt gr'c,~5 receip't~ for the year~ Hhichev~r ig less. roi' c, rganJ~,lCIoll5 ~ll'Ch grc, s~ receipts e):ceedin~ St~O()O,O00 in any yea,-~ ~he ~lOg per clay per r~:uru~ u~less 1;her~ i~ r.ar, o~,)ble cause Ic, r :he Oe ay. maximum penal'Cy for an organization ~,i~h gros~; receipts e~lcee,Jing $1,000~000 ~flall 'hoc ei:ce[.~ $50~000. Thi,~ penalty may al5¢, be ~:h~rg~,d f ro~r~ is ~(,'[ COalpJJ'tJ~ 50.~ ~bre your r'~'~grlt j~ compi~te bef'or~ you You are required to make yuur ,rl~nUal re:ur]l avai lal31e for pul~l ~c inspeff'~.i,:,n fc, r three, yearr, after' the return is du~:. You are aisc, reqv,rea :o make. available a cop~, of you,' e~:empti,:,n appl i¢;~Cion, any ~uppc, rting aocuaenL5~ d~d this e~temptic,~l I,.~ter. Fai lure 1;0 make those aocument5 available Tot' public i~spec:iou may ~uh.ic':S you to, a pnnaJ'~y of ~20 p¢:r Ooy for each day there is a failure to comply (up :e n maximum ¢,f $IO,O00 in the ca~e ot an annual ffe~tl~) · Yc, u are ~o~ required 'bo Vile federal lllCOale 1;dx ret. urns unless you are subjecl; :o l:l~e %ax on unrelated ~usll~ess il~cc,ee under ~ectic,~ 511 of the Cc,~e, you. are uubject to ~hi~; tax, you must file an incomo tax return on Form ~?O-T, Exemp~ Orga~i:a~ion ~usines~ I~com:~ Ta~ Ret;urn. I~ ~hia letter He are . A~A I~ FEB 2 6 2002 HEALTH ~t' 4~ employer ~to~iflce~io~ b~M~r N~ I~o~ ~n~ered o~ your appllcati,)n~ nuaber a~lll be d~a{.gned t,;) you and yo~ t~lll b() edvised Of it, Please Ee~/enU~ ~ervice- If i~e have indicated I~t ~h~ hw~Olng '~f ~hi~ le~tor' ~h~ an ~dd~ndu~ teleph,'.me number ~re ~ho(~ in th~ he~ding of ~hi~ I~t~er, 51ncerely i) i~trict Director Eni:'[osure (~): NEIGHB0~',I-IO[JI.' HEAl. TH CLIN¥C INC FEB 2 6 2002 Planned Parenthoo of Collier County Januaw 29,2002 Phillip R. Tindall, Impact Fee Coordinator Office of Financial Management Community Development & Environmental Services Division Collier County Government 2800 North Horseshoe Drive Naples, Florida 34104 Subject: Request for Partial Impact Fee Waiver for Planned Parenthood of Collier County, Inc.- Building Permit No. 2001060737 Dear Mr. Tindall: Please consider this letter and attachment as my application on behalf of Planned Parenthood of Collier County, Inc. for a partial waiver of Collier County impact fees, in the amount of $7,500.00 for the subject building permit pursuant to Collier County Ordinance No. 2001-13, as amended, Section 74-203. Please advise if additional information or documentation is required. Sincerely_, President and CEO CAW:kmw Attachment Administration/Education 900 Fiftl~ Avenue North ,Naple~ Fiol'~d~ 34102 ~941~ 262-8923 Fax ~c;41 ~ 262-7658 FEB ? 6 2002 Tv,,o Clinic Locations: Naples: 900 Fifth Avenue North, Naples, FL 34102 (941) 262-0301 · Fax (941 ~ 262-7658 Immokalee: 419 North 1st Street, lmrnokalee, FL 34142 · (941) 658-7328 ° Fax (951) 655-7329 02/11/2002 11:48 B412627658 PLANNED PARENTHOOD PAGE 82 Internal Revenue 5e~ice Date: January 9, 2002 Planned Parenthood of Collier County, Inc. 900 Fifth Ave. N. Naples, FL 34102 Department of the Treasury P. O. Box 2508 Cincinnati, OH 45201 Person to Corttact: Annette J. Scales 31-07381 Customer Service Representative Toll Free Telephone Number':. I:0~ a.m. to 1:34) ~ EST 877-829-5500 Fax Number: 513-263-3756 Federal Identification Number: 65-0450515 Dear Sir or Madam: This letter is in response to your request for a copy of your organization's determination letter. This letter will take the place of the copy you requested. Our records indicate that a determination letter issued in February 1994 granted your organization exemption from federal income tax under section 501(c)(3) of the Internal Revenue Code. That letter is still in effect. Based on information subsequently submitted, we classified your organization as one that is not a private foundation within the meaning of section 509(a) of the Code because it is an organization described in section 509(a)(x).. Tt3is classification was 13ased on the assumption that your organization's operations would continue as stated in the application. If your organization's sources of support, or its character, method of operations, or purposes have changed, please let us know so we can consider the effect of the change on the exempt status and foundation status of your organization. Your organization is required to file Form 990, Return of Organization Exempt from Income Tax, only if its gross receipts each year are normally more than $25,000. If a return is required, it must be filed by the 15th day of the fifth month after the end of the organization's annual accounting period. The law imposes a penalty of $20 a day, up to a maximum of $10,000, when a return is filed late. unless there is reasonable cause for the delay. Ail exempt organizations (unless specifically excluded) are liable for taxes under the Federal insurance Contributions Act (social security taxes) on remuneration of $100 or more paid to each employee during a calendar year. Your organization is not liable for the tax imposed under the Federal Unemployment Tax Act Organizations that are not private foundations are not subject to the excise taxes under Chapter 42 of the Cocle. However, these organizations are not automatically exempt from other federal excise taxes. Donors may deduct contributions to your organization as provided in section 170 of the Code. Bequests, legacies, devises, transfers, or gifts to your organization or for its use are deductible fc gift tax purposes if they meet the applicable provisions of sections 2055, 2106, and 25>2offS. No.. FEB ? 6 2002 8'2/11/2882 11:46 9412627658 PLANNED PARENTHOOD PAGE 83 -2- Planned Parenthood of Collier County, Inc. 05-0450515 Your organization is not required to file federal income tax returns unless it is subject to the tax on unrelated business income under section 511 of the Code. If your organization is subject to this tax, it must file an income tax return on the Form 990-T, Exempt Organization Business Income Tax Return. In this letter, we are not determining whether any of your organization's present or proposed activities are unrelated trade or business as defined in section 513 of the Code. The law requires you to make your organization's annual return available for public inspection without charge for three years after the due date of the return. You are also required to make available for public inspection a copy of your organization's exemption application, any supporting documents and the exemption letter to any individual who requests such documents in person or in writing. You can charge only a reasonable fee for reproduction and actual postage costs for the copied materials. The law does not require.you to provide copies of public inspection documents that are widely available, such as by posting them on the Internet (World Wide Web). You may be liable for a penalty of $20 a day for each day you do not make these documents available for public inspection (up to a maximum of $10,000 in the case of an annual return). Because this letter could hetp resolve any questions about your organization's exempt status and foundation status, you should keep it with tl3e organization's permanent records. If you have any questions, please call us at the telephone number shown in the heading of this letter. This letter affirms your organization's exempt status. Sincerely, John E. Ricketts, Director, TEIGE Customer Account Services FEB 2 6 2002 RESOLUTION NO. 2002- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, GRANTING IMPACT FEE WAIVERS ON BEHALF OF TWO (2) SPECIFIED TAX EXEMPTED, NOT-FOR-PROFIT, CHARITABLE, ENTITIES FOR WHICH THE COLLIER COUNTY BUILDING PER3IITS FOR THE RESPECTIVE WAIVER ELIGIBLE CONSTRUCTION WERE ISSUED AFTER SEPTEMBER 7, 2001 AND BEFORE OCTOBER 13, 2001 AND THE ENTITIES PAID THE IMPACT FEES IN FULL, THOSE TWO (2) ENTITIES BEING THE NEIGHBORHOOD HEALTH CLINIC AND PLANNED PARENTHOOD OF COLLIER COUNTY, INC.; AND AUTHORIZING COUNTY STAFF TO PROCESS PARTIAL REIMBURSEMENTS OF SUCH PREVIOUSLY PAID IMPACT FEES IN AMOUNTS NOT TO EXCEED IN TOTAL THE CUMULATIVE SUM OF FIFTEEN THOUSAND DOLLARS. 6 7 8 9 10 11 12 13 14 15 16 17 WHEREAS, on October 9, 2001, the Board of County Commissioners of 18 Collier County adopted the current impact fee waiver provisions for charitable 19 organizations by application of Ordinance No. 2001-54, thereby amending the Chapter 20 74 of the County's Code of Laws and Ordinances, as previously amended by Ordinance 21 No. 2001-13 - (The Collier County Consolidated Impact Fee Ordinance); and 22 WHEREAS, on February 12, 2002, the Board adopted an ordinance amending 23 the Consolidated Impact Fee Ordinance, thereby authorizing staff to accept applications 24 for impact fee waivers for charitable organizations provided the respective impact fee 25 waiver eligible developments v, ere authorized by Collier Count}' building permits 26 issued after September 7, 2001 and before October 13,2001 and the developments paid 27 the applicable impact fees in full; and 28 WHEREAS, Two (2) not-for-profit entities, the Neighborhood Health Clinic 29 and Planned Parenthood of Collier County, Inc., having previously been issued building 30 perrmts after September 7, 2001 and before October 13, 2001, have subrmtted 31 applications for impact fee waivers in conformance with the application requirements 32 of the Section 74-203.1. of the Consolidated Impact Fee Ordinance, each of the two (2) 33 applications for the amount of $7,500, for a total of $15,000; and 34 WHEREAS, County staff has reviewed said applications and, having found 35 them complete and the applicants eligible for waivers, has by Executive Summar? has 36 recommended their approval by the Board; and 37 NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF 38 COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: FEB 2 6 2002 1 1. Applications for impact fee waivers of $7,500 each to two (2) charitable 2 organizations, the Neighborhood Health Clinic and Planned Parenthood of Collier 3 County, Inc., for building permits issued between September 7, 2001 and September 4 13, 2001, are approved and grants said waivers each in the amount of $7,500, for a total 5 of $15,000. 6 2. County staff is directed to process partial impact fee reimbursements of 7 Road, Emergency Medical Services and Correctional Facilities Impact Fees, each in an 8 amount in proportion to the amount paid relative to the other applicable impact fees 9 prior to issuance of the subject building permits. 10 THIS RESOLUTION is adopted after motion, second and majority vote 11 favoring adoption this day of 2002. 12 13 ATTEST 14 Dwight E. Brock, Clerk 15 16 17 By. 18 Deputy Clerk 19 20 21 Approved as to form 22 and legal sufficiency: 24 ~-~t~ 25 Thomas C. Palmer, 26 Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: James N. Coletta, Chairman EXECUTIVE SUMMARY APPROVAL OF A LEASE BETWEEN C.P.O.C. REALTY AND COLLIER COUNTY FOR OFFICE SPACE TO BE UTILIZED BY THE NATURAL RESOURCES DEPARTMENT AND A BUDGET AMENDMENT TO FUND THE RELOCATION OF THE NATURAL RESOURCES DEPARTMENT. OBJECTIVE: Approval of a Lease between C.P.O.C. Realty and Collier County for office space to be utilized by the Natural Resources Department approval of a budget amendment to fund the relocation of the Natural Resources Department. CONSIDERATIONS: The Natural Resources Department which is presently located in Building "H" at the Collier County Government Center, has been asked by the Public Utilities Division to relocate in order to free up office space for recently hired staff. The Natural Resources Department was slated to move into the Development Services Center upon the completion of the building expansion. However, as the building expansion has been delayed, Natural Resources has requested to be relocated to a location within close proximity to the County's Community Development building on Horseshoe Drive. Staff has located and negotiated a 1,666 square foot office located on Horseshoe Drive North immediately adjacent to Community Development. The subject office was previously utilized by the Housing and Urban Improvement Department. The lease term shall be for two years, commencing on March 1,2002, with an annual base rent of $24,157.00 which shall be increased annually by four (4) percent. In addition to rent, there is a monthly Common Area Maintenance charge of $485.92. This charge reflects each tenant's pro-rata share of the landlord's expenses regarding water/sewer charges, trash removal, building and common area maintenance and repair, real estate taxes and property management fees. Natural Resources shall be responsible for all utility charges pertaining to telephone and electricity. In order to meet the submittal date for Executive Summaries, staff is unable to submit a final draft of the Lease at this time, but requests that the Board of County Commissioners approve the concept of the Lease and authorize its Chairman to execute the final lease pending final review and approval by the Office of the County Attorney. Other costs associated with the relocation including the monthly rent and common area maintenance are as follows: Other Contractual Services Telephone System Support Allocation Rent - building/grounds maintenance Communication Equipment Communication Equipment- R & M $ 7,200 1,200 17,700 3,000 1,5O0 ,$30,6O0 The Public Utilities Division has agreed to facilitate the relocation of the Natural Resources Department by sharing the cost of the move with Community Development and Environmental Services and funding the rent from the date of the move, scheduled for mid-March to the end of the fiscal year. FEB 2 6 200;_' FISCAL IMPACT: Approval of this budget amendment will result in a decrease in the Public Utilities Division operations budget [Fund 408] of $20,000 and a decrease of $10,600 from the Unincorporated General Fund [Fund 111] - Reserves for Contingency. The annual rent of $24,157.00, which shall be paid in equal monthly installments of $2,013.08 plus monthly common area maintenance charges of $485.92 will be budgeted in the Natural Resources budget for FY 03. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve a Lease with C.P.O.C. Realty and authorize its Chairman to execute same at a later date pending final review and approval by the Office of the County Attorney and approve the necessary budget amendment as outlined above. / ~J?ral Resources APPROVED BY: DATE: Thomas Wides, Interim Administrator Public Utilities Division REVIEWED AND APPROVED BY: DATE: / - / jo CCmmunity Development and Environmental Services // FEB, 2 6 2002 i 1 EXECUTIVE SUMMARY ADOPT A RESOLUTION AUTHORIZING THE CONVEYANCE OF COLLIER COUNTY OWNED REAL ESTATE TO THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FOR THE CONSTRUCTION OF ROADWAY INTERCHANGE IMPROVEMENTS TO STATE ROAD 93 (I-75) AT THE OVERPASS OF COUNTY ROAD 886 (GOLDEN GATE PARKWAY). OBJECTIVE: Adopt a resolution authorizing the conveyance of a fee-simple interest in Collier County owned real estate to the State of Florida Department of Transportation (FDOT) for the construction of roadway interchange improvements to State Road 93 (I-75) at the intersection of County Road 886 (Golden Gate Parkway). CONSIDERATIONS.: The FDOT is planning to construct an interchange at the overpass of County Road 886 (Golden Gate Parkway) and Interstate 1-75, and is requesting Collier County to convey a 2,623 square foot (17.5 feet x 149.86 feet) portion of Golden G--'.te Parkway right-of-way for this purpose. The property was acquired by the County in 1983 and is no longer required for any County purpose. The FDOT is requesting that the property be conveyed at no cost. The location of the property is illustrated on the attached sketches. Under the provisions of Chapter 125.38, Florida Statutes, the Board of County Commissioners may convey property to the State, upon satisfaction that the property is required by the State for the above-referenced purpose and not required for County purposes. In addition, the Board of County Commissioners may establish a price, whether nominal or otherwise, for the conveyance. The fair-market value of the property, as determined by the County's Real Estate Review Appraiser, is $1,440. L IMPACT: There are no anticipated expenditures associated with this conveyance. ISCA ssa conve ance Instruments and wdl pay all recording cost ~The FDOT prepared the nece ry y ' ' ' ' GROWTH MANAGEMENT IMPACT.: The conveyance of the fee-simple interest and s~ubsequent development of the inte[change are in accordance with the County's Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners: 1. Adopt the attached Resolution; 2. Authorize the Chairman to execute the attached Resolution on behalf of the Board; and FEB 2 B 2002 Authorize the Chairman to execute the necessary conveyance documents, including the Donation Statement and attached County Deed, and for staff to deliver same to the appropriate FDOT representative. BMITTED BY '-- SU ;~.-~-~...----o-- , -....~. Keith Gomez, Sr. Pr~erty A~n Speciads[ ~ R~agement Department r ' DATE:,,~oe~;in H'~'nd'~c~, Real Propertii Supj~/' Real Proper~Management De'p'attrment Charles E. Carrington, J~/, SRAN/~, I~irector Real Property Management Department REVIEWED BY;' DATE: c~-(I-~'~ DATE: z ~ynn Thorpe, P.E., Senior Project Manager Transportation Engineering and Construction Management REVIEWED BY: APPROVED BY: Stephen L. Miller, P.E., Director Trans' ~ortation Engineering and Construction Management i,,Iorm~r~ E. Feder, AICP, Administrator Tram tportation Division DATE: RESOLUTION NO. 2002- 5 6 7 8 9 10 11 !2 13 14 !5 16 17 2O 21 22 23 24 25 26 27 28 29 30 31 A RESOLUTION OF THE BOARD OF COUNTY COM3KISSIO~S OF COl .l .lrKR COUNTY, FLORIDA, CONVEYING A FEE SIMPLE I/'qTF_J~EST IN REAL PROPERTY TO TIIE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FOR THE CONSTRUCTION OF ROADWAY INTERCHANGE IMPROVEMENTS TO STATE ROAD 93 (/-75) AT THE INTERSECTION OF COU'NTY ROAD 886 (GOLDEN GATE PARKWAY). WI-~REAS, the State of Florida Department of Transportation (FDOT) is planning to construct a new interchange at the intersection of County Road 886 (Golden Gate Parkway) and Interstate 1-75; and WHEREAS, the FDOT requires fee-simple interest in the lands described in Exhibit "A', attached hereto and incorporated herein by r6ference (hereinafter referred to as the "Property"), for the construction of the proposed roadway interchange improvements, in accordance with the design plans of State Project Number 03175-2430; and WHEREAS, the Board of County Commissioners of Collier County, Florida (hereinafter referred to as the "Board"), is the fee owner of the Property; and WHEREAS, the FDOT has requested the Board convey the Property to the FDOT, at no cost, for the purpose of constructing roadway interchange improvements in accordance with State Project Number 03175-2430; and WHEREAS, pursuant to Section 125.38, Florida Statutes, the Board is satisfied that such Property is necessary for such use, is not needed for county purposes and conveying the Property to the FDOT is in the best interest of the Public; and WHEREAS, the Board, as the fee owner, is willing to convey the Property to the FDOT, at no cost and for the stated purpose. Page 1 AG ~-N DA, ITEM I - FEB 2 6 2002 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 27 28 29 NOW,//qEREFOKE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COl J.I~R COUNTY, FLORIDA that 1. The Property is necessary for the proposed roadway interchange improvements to be constructed by FDOT and not needed for County purposes. 2. The Board of County Commissioners agrees to convey the Property to the State of Florida Department of Transportation, at no cost. 3. The Chairman of the Board of County Commissioners of Collier County, Florida, is hereby authorized to execute the attached County Deed, and any documents attendant and necessary for the conveyance of this Property. THIS RESOLUTION ADOPTED this __ majority vote favoring its option. ATrEST: DWIGHT E. BROCK, CLERK , Deputy Clerk Approved for form and Ellen T. Chadwell A~sistant County Atlomey day of 2002, after motion, second and BO?GED OF COL~'NTY COMMISSIONERS OF COI.iJER COUNWY, FLORIDA By: JAMES N. COLETrA, Cha/rman Paqe 2 AGENDA, ITEM No._ II _ FEB 2 6 2002 F.P. NO. 2007321 SECTION 03175-2430 PARCEL 135 "The South 17.5 feet of the North 67.5 feet of the East 150 feet of Tract 28, unit 30, GOLDEN GATE ESTATES, according to the plat thereof recorded in Plat Book 7, Page 58, Public Records of Collier County, Florida," lying in Section 29, Township 49 South, Range 26 East. Being more particularly described as follows: Commence at the northeast corner of said Tract 28, said corner being on the survey base line of the Golden Gate Parkway (C.R. 886); thence along the east line of said Tract 28, South 00°55,10'' East a distance of 50.00 feet for a POINT OF BEGINNING; thence continue along said east line South 00°55'10'' East a distance of 17.50 feet; thence South 89°05'08'' West a distance of 149.86 feet; thence North 00°55'07'' West a distance of 17.50 feet; thence North 89°05'08'' East a distance of 149.86 feet to the POINT OF BEGINNING. Containing 2,623 square feet. L~ Description Approved by: M. A[-~ys~r (~.I~.S. #4366 Date: ~_f~&~5~ ~. ~/)/ NOT VALID 4~NL~gSS EMBOSSED E~lg/BIT "A" Page 3 FEB 2 § 2032 03-BSD. 03 Date: August 20, 2001 This instrument prepared under the direction of: Bruce P. Cury, General Counsel Post office Box 1249 City: Bartow, Florida 33830 Department of Transportation COUNTY DEED F.P. NO. 2007321 PARCEL 135.1 SECTION 03175-2430 STATE ROAD 93(I-75) COUNTY Collier THIS DEED, made this day of , 20 , by COLLIER COUNTY, a political subdivision of the State of Florida, grantor, to the STATE OF FLORIDA DEPARTMENT OF TR/~NSPORTATION, grantee, whose post office address is: Post Office Box 1249, Bartow, Florida 33831-1249. (Wherever used herein the terms "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors, and assigns of organizations.) WITNESSETH: That the grantor, for and in consideration of the sum of $1.00 and other valuable considerations, receipt and sufficiency being hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the grantee, all that certain land situate in Collier County, Florida, viz: SEE EXHIBIT "A" TOGETHER with all tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD the same, in fee simple forever. Page i AGE~DA,,ITEM FER. 2 6 2002 IN WITNESS WHEREOF, said grantor has caused these presents to be executed in its name by its Board of County Commissioners acting by the Chairperson or Vice-Chairperson of said Board, the day and year aforesaid. ATTEST: (SEAL) Clerk(or Deputy Clerk) Florida, By Its Board of County commissioners County, (S~AL) Name: Its Chairperson (or Vice-Chairperson) Grantor(s)' Mailing Address: Collier County, Real Property Department, 4~ Floo~ Adminstration Buildinq 3301 Tamiami Trail, East ~aples, FL 34112 Page 2 FEB 2 6 2002 F.P. NO. 2007321 SECTION 03175-2430 PARCEL 135 "The South 17.5 feet of the North 67.5 feet of the East 150 feet of Tract 28, Unit 30, GOLDEN GATE ESTATES, according to the plat thereof recorded in Plat Book 7, Page 58, Public Records of Collier County, Florida," lying in Section 29, Township 49 South, Range 26 East. Being more particularly described as follows: Commence at the northeast corner of said Tract 28, said corner being on the survey base line of the Golden Gate Parkway (C.R. 886); thence along the east line of said Tract 28, South 00°55'10'' East a distance of 50.00 feet for a POINT OF BEGINNING; thence continue along said east line South 00°55'10'' East a distance of 17.50 feet; thence South 89005'08'' West a distance of 149.86 feet; thence North 00055'07'' West a distance of 17.50 feet; thence North 89005'08'' East a distance of 149.86 feet to the POINT OF BEGINNING. Containing 2,623 square feet. Legal Description Approved by: Date: NOT VALID 43NL~SS EMBOSSED EXHIBIT "A" Page 3 AGE)iDA Ill;EM FEB 2002 ~1 6~ STRE£ FEB 7. E 200~ :0 FEB 2 6 2002 ~.~ __.i ~' EXECUTIVE SUMMARY APPROVE A DONATION AGREEMENT AN.r) ACCEPT A DRAINAGE EASEMENT FOR THE BENEFIT OF THE WIGGINS PASS DRAINAGE BASIN. OBJECTIVE: Approve a Donation Agreement for the acquisition of a Drainage Easement to provide for storm water run-off originating in the Wiggins Pass Drainage Basin. CONSIDERATIONS: A large area in North Naples encompassing approximately 2,300 acres is known as the Wiggins Pass Drainage Basin. The natural, uninterrupted and unobstructed sheet flow of storm water run-off generated by this area passes through the David L. and Lisa R. Darby Cook property on its way to tida~ waters. To alleviate the potential for future problems caused by development in the area, the Stormwater Management Department needs to maintain this critical flowway. In this regard, the Cooks have agreed to donate the necessary four foot (4') wide Drainage Easement across the west side of their property described as Lot 164 of the GUlf Harbor Subdivision, as shown on the attached sketch. The County's Stormwater Department has elected to waive the environmental requirements due to the size and location of the easement. The Donation Agreement and Drainage Easement have been reviewed and approved by the County Attorney's Office and the Stormwater Management Department. FISCAL IMPACT: The total costs of acquisition should not exceed $400 (title commitment, title policy, and cost of recording documents). The funds shall be withdrawn from the 1981 Water Management CIP (Fund 325), Wiggins Pass Road Outfall FIowway (Project 31212). GROWTH MANAGEMENT IMPACT: Implementing the improvements in the Wiggins Pass Drainage Basin is in accordance with the intents of the Drainage Sub-Element of the Public Facilities Element of the Growth Management Plan. RECOMMENDATION: Staff is recommending the Board of County Commissioners: Approve the attached Donation Agreement; and Authorize its Chairman to execute the Donation Agreement; and Accept the Drainage Easement; and Authorize staff to proceed to record all pertinent documentation in the Public Records of Collier County, Florida. - AGENDA iTF~ FEB '2 200 EXECUTIVE SUMMARY Wiggins Pass Drainage Basin Page 2 SUBMITTED BY: Cindy M. Erb~Sr. Property Acquisition Specialist Real Property Management Department Ton~'. Mott, Re~l Prope~y Supervisor Real Prope~y Management Depa~ment ~EWSW~D ~Y: ~. ~(~% ~ Charles E. Carrington, Jr,. S~A, Director Real Prope~y Management Depa~ment DATE: ~:(.-~¢' ~- ~ .... DATE: REVIEWED BY: Robert C. Wiley, P.~., Principal Project Manager Stormwater Management Department REVIEWED BY: APPROVED BY: John ~¢. Bol;dt, P.E., P.S.M., Director Stormwat~,r Management Department Norma~/E. Feder, AICP, Administrator Trans:rtation Division DATE: DATE: / AGENDA,.tTEM"') No FEB. 2. 5 2002 PROJECT: Wiggins Pass Road Out'fall .~PARCEL #: 806 :OLIO #: 48075880000 DONATION AGREEMENT THIS DONATION AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into by and between DAVID L. COOK AND LISA DARBY COOK, husband and wife, (hereinafter referred to as "Owner"), whose mailing address is 702 Pan Am Avenue, Naples, FL 34110, and COLLIER COUNTY, a political subdivision of the State of Flodda, (hereinafter referred to as "County"), whose mailing address is 3301 Tamiami Trail East, Naples, Flodda 34112. WlTNESSETH: WHEREAS, County has requested that Owner convey to the County a perpetual, non- exclusive easement for the purpose of drainage and maintenance over, under, upon and across the lands described in Exhibit "A" (said easement hereinafter referred to as the "Property"), which is attached hereto and made a part of this Agreement; WHEREAS, Owner desires to convey the Property to County for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, Owner recognizes the benefit to Owner and desires to convey the Property to the County for the stated purposes, on the terms and conditions set forth herein, said terms including that no compensation shall be due and payable for the Property requested by County; and NOW, THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. Owner shall convey the Property via an Easement to County at no cost to the County, unless otherwise stated herein. 2. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Property, the execution of such instruments which will remove, release or subordinate such encumbrances from the Property upon their recording in the public records of Collier County, Flodda. Owner shall provide such instruments, propedy executed, to County on or before the date of Closing. 3. This Agreement shall be null and void, and of no further force or effect, unless Closing shall occur within sixty (60) days from the date County executes this Agreement; provided; however, that County shall have the unilateral right to extend the term of this Agreement pending receipt of such instruments, propedy executed, which either remove, release or subordinate any and all such liens, encumbrances or qualifications affecting County's enjoyment of the Property. 4. County shall restore the existing ground and landscaping to the same condition that existed pnor to the construction. 5. Owner represents that the Property and all uses of the Property have been and presently are in compliance with all Federal, State and Local environmental laws; that no hazardous substances have been generated, stored, treated or transferred on the Property FEB 2 6 2002 except as specifically disclosed to the County; that the Owner has no knowledge of any spill or environmental law violation on any property contiguous to or in the vicinity of the Property to be conveyed to the County, that the Owner has not received notice and otherwise has no knowledge of a) any spill on the Property, b) any existing or threatened environmental lien against the Property or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the Property. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 6. Owner shall indemnify, defend, save and hold harmless the County against and from, and to reimburse the County with respect to, any and all damages, claims, liabilities, laws, costs and expenses (including without limitation reasonable paralegal and attorney fees and expenses whether in court, out of court, in bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by or asserted against the County by reason or arising out of the breach of Owner's representation under Section 5. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 7. The County shall indemnify, defend, save and hold harmless the Owner against and from and to reimburse Owner with respect to, any, and all damages, claims, liabilities, laws, costs and expenses (including without limitation reasonable paralegal and attorney fees and expenses whether in court, out of court, in bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by or asserted against the Owner by reason or arising out of the use of the Property by the County and the construction activities undertaken by the County. This provision shall survive Closing and is not deemed satisfied by the conveyance of title. 8. Use of the Property by the County is subject to the following terms and conditions, which are a material inducement for Owner granting the Easement for no consideration and entedng into this Agreement: A. All construction activities undertaken by the County on the Property shall be completed within forty-five (45) days after commencement. As used herein "commencement" means the first physical alteration of the Property and "completed" means final installation of all drainage facilities and replacement of all landscaping, utilities and irrigation lines on the Property. For each day beyond the forty-five (45) that the County fails to timely complete, it shall pay owner a $100 per day penalty. B. No construction activities, except routine maintenance, shall occur between June I and November 1 of any year.' C. The County shall restore the Property to its original condition which existed before commencement of any construction activities, including but not limited to, replacement of landscaping, grass, dp-rap, and all irrigation and utility lines. The County shall make a good faith effort to locate its drainage facilities in a manner which minimizes removal of native palm trees; however, if native palms must be removed, the County shall make every reasonable effort to remove such palms in a manner which enables them to be re-planted in their original location or proximate thereto. 9. The County shall pay for all costs of recording the conveyance instrument, and recording costs for any curative instruments, in the Public Records of Collier County, Florida. County shall be responsible for paying any costs and/or fees associated with the secudng and recording a Subordination, Consent & Joinder of Easement of the mortgage(s) recorded against the Property from the mortgagee(s). All other costs associated with this transaction including but not limited to transfer, documentary and intangible taxes shall be home and paid by Owner. The cost of a title commitment shall be paid by County. 10. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and/or assignees, whenever the context so ._.requires or admits. 11. Conveyance of the Property by Owner is contingent upon no other provisions, conditions, or premises other than those so stated above; and the written Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. 12. If the Owner holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Owner shall make a wdtten public disclosure, according to Chapter 286, Flodda Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before the Property held in such capacity is conveyed to County, its successors and assigns. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Flodda Statutes.) 13. This Agreement is governed and construed in accordance with the laws of the State of Florida IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. DATE ACQUISITION APPROVED BY BCC: AS TO COUNTY: DATED: ATTEST: DWIGHT E. BROCK, Clerk ,Deputy Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY:j/~ . CARTER, Ph.D., Chairman AS TO OWNER: WITNESSES: DAVID L. COOK AGEI~II~A, No._ [t(~M~'~ FEB 2 6 2002 (Pdnted Name) WITNESSES: ~,,~~ (Signature) /'/ ' ///LISA DARBY COO ~e~,.~~m e~ ~~~/ (Printed Name) Approved as to form and legal sufficiency: Ellen T. Chadwe~ Assistant County Attorney AGE~I~_A !.TEM .,-~ FEB 2 6 2002 pg. EXHiBiT. ," A" z~ CDLLIER COUNTY, FLORIDA ~ & ~P~ ~A~ ~E~NT~ $ECT~N 16, ~H~ 48 ~U~, RANGE ~5 EA~T ,I VENETIAN WAY (~0' R.O.W.) ~*'NOT A SURLY**' ~ e~ I MLT I Oa~ APRIL 23, - ~ ~ k- ~: I I*~ ,~ 7~41-~ I PROJECT: Wiggins Pass Road Outfall PARCEL #: 806 FOLIO #: 48075880000 Ellen T. Chmdwell, Esqat~e Office of the (Count) Att~) ~1 East T~iami Trail Naples, Florida ~11~ (~1) 77~ DRAINAGE EASEMENT THIS EASEMENT, made and entered into this /4/Z day of ,.~'~l,d , 20 ~)2-, by DAVID L. COOK AND LISA DARBY COOK, husband and wife, whose mailing address is 702 Pan Am Avenue, Naples, FL 34110, as Grantor, and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 East Tamiami Trail, Naples, Florida 34112, its successors and assigns, as Grantee. (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and their respective heirs, legal representatives, successors and assigns.) WIT. NESSETH: Grantor, for and in consideration of TEN DOLLARS (:$10.00) and other valuable consideration paid by the Grantee, the receipt and sufficiency of which is hereby acknowledged, hereby conveys unto the Grantee, a perpetual, non-exclusive easement, license, and privilege to enter upon and to install and maintain underground drainage facilities on the following described lands located in Collier County, Florida, to wit: See attached Exhibit "A" which is incorporated herein by reference. Subject to easements, restrictions, and reservations of record. THIS PROPERTY IS HOMESTEAD PROPERTY. TO HAVE AND TO HOLD the same unto the Grantee together with the right to enter upon said land, place, excavate, and remove materials for the purpose of constructing, operating, and maintaining drainage facilities thereon. Grantor and Grantee are used for singular or plural, as the context requires. The easement granted herein shall constitute easements running with the land and shall burden the lands described above. Provided, however, the Grantee's use of the easement is subject to the terms of that certain unrecorded Donation Agreement between Grantor and Grantee executed simultaneously herewith. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. DAVID L. COOK ( · y ~;/~ ~x~,~,~/ Address: 702 Pan Am Avenue . Naples, FL 34110 ~r~ess' (SLq.na),t,ure), //x~--/1 ~ ~, N a m e: ~/~?_~/./~-~. (Print or Type) -- AGEtCDA.13'E~_~2 FEB 2 6 2002 OKName: ,~ U! .~¢?-X..~ //LISA DARBY CC .4 (Pdnt or Type)/ - // //~/ 1/~(~_~/]~/~./,/ Address: 702 Pan Am Avenue ~~ -//~///~V Naples, FL 34110 (Print or Type) STATE OF COUNTY OF I_.~_..~..-- The foregoing Drainage Easement was acknowledged before me this I ur'~"day of-;~"~¢-~ , 20O~y David L. Cook, husband, who is personally known to m~ ~ ~r~d ~ ~- ' ' ' · (affix notad~ seal) - ~'~ mco~ co~ ~s (Print Name of Nota~ Public) ~/ ~o~ ~oo~ NOTARY PUBLIC '~,;" My Commission Expires: STATE OF COUNTY Of L_~ The foregoing Drainage Easement was acknowledged before me this ~/~'~r~"~ay of"~~-- ,2~--"~y Lisa Darby Cook, wife, who is personally known to me,er-who ,,,~.. ~. ....... -.. .... ,,,,,,~.o.,.,, ,. (affix ~Sign~' a Public) notarial seal) N(~ PubliC} (Print Name of Notary Public) NOTARY PUBLIC Serial/Commission #: My Commission Expires: ~ Page r- ~ ~NEnAN WAY FEB 2 6 2002 ***NOT A ~LL~ER ~UNTY, FLORidA g to g :1eeL,IS '000009'1~ LO0 ' ~00~-1,00~ ' -I:t 'Je!llOO EXECUTIVE SUMMARY APPROVE AN EASEMENT AGREEMENT AND ACCEPT A DRAINAGE EASEMENT FOR THE LELY STORMWATER IMPROVEMENT PROJECT. OBJECTIVE: Approve an Easement Agreement for the acquisition of a Drainage Easement for the Lely Area Stormwater Improvement Project (LASIP). CONSIDERATION: The Stormwater Management Department has been actively involved in the design and permitting of the LASIP for a number of years. When fully implemented, this project will provide reduced flooding potential in portions of East Naples and promote better water quality discharges into the estuaries near Rookery Bay. The conveyance of land in the East Naples area to Collier County will keep the LASIP moving forward through the permitting phase and maintains compliance with the Growth Management Plan. In this regard, the Real Property Management Department has reached an agreement with Willie Louise Smith Gilliard to secure a 60-foot-wide Drainage Easement across her property located in the Lely Lakes area, as shown on the attached sketch. The purchase price of $800 was based upon an appraisal in the same amount prepared by the County's Review Appraiser. Staff is requesting that the requirement for an independent appraisal be waived pursuant to Florida Statute 125.355. The County's Pollution Control Department advises that the property is environmentally suitable for acquisition by the County for drainage purposes. The Easement Agreement and Drainage Easement have been reviewed and approved by the County Attorney's Office and the Stormwater Management Department. FISCAL IMPACT: The total costs of acquisition should not exceed $1,200 ($800.00 for the Drainage Easement and $400.00 for a title commitment, title insurance policy, and cost of recording documents). The funds shall be withdrawn from the 1981 Water Management CIP Fund (325), Lely Canal with Spreader and Structures Project (31101). GROVVTH MANAGEMENT IMPACT: This acquisition is consistent with the County's Growth Management Plan RECOMMENDATION: Staff is recommending the Board of County Commissioners: 1. Approve the attached Easement Agreement; and 2. Authorize its Chairman to execute the Easement Agreement; and 3. Accept the Drainage Easement; and EXECUTIVE SUMMARY Easement - Future Stormwater Projects Pa,qe 2 Authorize staff to prepare the related vouchers and warrants for payment in accordance with the Easement Agreement; and Authorize staff to proceed with acquiring the Drainage Easement and to record all pertinent documentation in the Public Records of Collier County, Florida. SUBMITTED BY: Real Property Man/agement Department EDFB~YI~ ~ A. MOt(: ~-'~l"~roperty Supervi"s-'~ Real Property Mb~nagement Department ~. ,c.::z~,,'-~?.Z '~.~- DATE: Cindy M. Erb, Sr. Property Acquisition Specialist REVIEWED BY: Charles E. Oariington, drJ', SPJWA, Director Real Property Management Department DATE: ,~-/2_- 02, REVIEWED BY: APPROVED BY: John' H. Boldt, P.E., P.S.M., Director Stormwater Management Department Norma(q Fede~, ~ICP, ~dministrator Transportation Division DATE: DATE: AGEII~DA 4TE~L, FEB 2 6 2O02 Po 7-- PROJECT: Lely Area Stormwater Improvements PARCEL NO: 111-840 FOLIO NO.: 00444560009 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into by and between WILLIE LOUISE SMITH GILLIARD AKA WILLIE LOUISE SMITH, an unmarried woman, (hereinafter referred to as "Owner"), whose mailing address is 2711 NW 21't Street, Fort Lauderdale, FL 33311-3309, and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns (hereinafter referred to as "Purchaser"), whose mailing address is 3301 Tamiami Trail, Naples, Florida 34112; WHEREAS, Purchaser requires a perpetual, non-exclusive easement for drainage and maintenance, over, under, upon and across the lands described in Exhibit "A" (said easement hereinafter referred to as the "Property"), which is attached hereto and made a part of this Agreement; WHEREAS, Owner desires to convey the Property to Purchaser for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, Purchaser has agreed to compensate Owner for conveyance of the Property; NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: Owner shall convey the Property to Purchaser for the sum of $800.00, payable by County Warrant (said transaction hereinafter referred to as the "Closing"). Said payment shall be full compensation for the Property conveyed, including all landscaping, trees, shrubs, improvements, and fixtures located thereon, and for any damages resulting to Owner's remaining lands, and for all other damages in connection with conveyance of said Properly to Purchaser. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Property, the execution of such instruments which will remove, release or subordinate such encumbrances from the Property upon their recording in the public records of Collier County, Florida. Owner shall provide such instruments, properly executed, to Purchaser on or before the date of Closing. This Agreement shall be null and void, and of no further force or effect, unless Closing shall occur within sixty (60) days from the date Purchaser executes this Agreement; provided; however, that Purchaser shall have the unilateral right to extend the term of this Agreement pending receipt of such instruments, properly executed, which either remove, release or subordinate any and all such liens, encumbrances or qualifications affecting Purchaser's enjoyment of the Property. At Closing, Purchaser shall deliver the County Warrant to Owner and Owner shall deliver the conveyance instrument to Purchaser in a form acceptable to Purchaser. Owner is aware and understands that the "offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. AGEUOA FEB 2 6 2002 Easement Agreement Page 2 o 10. 11. Owner represents that the Property and all uses of the Property have been and presently are in compliance with all Federal, State and Local environmental laws; that no hazardous substances have been generated, stored, treated or transferred on the Property except as specifically disclosed to the Purchaser; that the Owner has no knowledge of any spill or environmental law violation on any property contiguous to or in the vicinity of the Property to be sold to the Purchaser, that the Owner has not received notice and otherwise has no knowledge of a) any spill on the Property, b) any existing or threatened environmental lien against Ihe Property or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on lhe Property. This provision shall survive Closing and is not deemed satisfied by conveyance of title. Owner shall indemnify, defend, save and hold harmless the Purchaser against and from, and to reimburse the Purchaser with respect to, any and all damages, claims, liabilities, laws, costs and expenses (including without limitation reasonable paralegal and attorney fees and expenses whether in court, out of court, in bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by or asserted against the Purchaser by reason or arising out of the breach of Owner's representation under Section 5. This provision shall survive Closing and is not deemed satisfied by conveyance of title. The Purchaser shall pay for all costs of recording the conveyance instrument in the Public Records of Collier County, Florida. All other costs associated with this transaction including but not limited to transfer, documentary and intangible taxes, and recording costs for any curative instruments shall be borne and paid by Owner. Owner shall be responsible for paying any costs and/or fees associated with the securing and recording a Subordination, Consent & Joinder of Easement of the mortgage(s) recorded against the Property from the mortgagee(s). The cost of a title commitment shall be paid by Purchaser. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and/or assignees, whenever the context so requires or admits. Conveyance of the Property by Owner is oontingent upon no other provisions, conditions, or premises other than those so stated above; and the written Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. If the Owner holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Owner shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before the Property held in such capacity is conveyed to Purchaser, its successors and assigns. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) This Agreement is governed and construed in accordance w~h the laws of the State of Florida. No.~ !~1~ FEB 2 6 2002 Easement Agreement Page 3 IN 'WITNESS WHEREOF, the parties hereto have executed this Agreement on this ~.ct ~ day of ~'~ ~ ,2002. U Date Property acquisition approved by BCC: AS TO PURCHASER: DATED: ATTEST: DWIGHT E. BROCK, Clerk , Deputy Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA COPY BY: JAMES N, COLETTA, Chairman AS TO SELLER: DATED: U WITNESSES: W'itnes s~Sig n a~ty re_.) Name: , l_)¢d'-~f.z:t (Print or Type) Witness_~ignatqre.) Name: ~l' ICrll. Ot~ (Print ~l' Type) WILLIE L~U~ISE SMITH GILLIARD AKA WILLIE LOUISE SMITH Approved as to form and legal sufficiency: Ellen T. Cha'~ell Assistant County Attorney AG~I~ DA~!TEM FEB 2 6 2002 PUBLIC WORKS ENGINEERING DEPARTMEFFIk~ ~ of_ / 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION NOT A SURVEY PR00ECT PARCEL '~-' FOLIO P.O.C. W 114 COR. SEC. 32, TWP. 50 S, RGE 28 E. PARCEL'~840 TAX PARCEL 84 LEGAL DESCRIPTION THE SOUTHEASTERLY 80 FEET OF THE FOLLOWING DESCRIBED PARCEL: COMMENCE AT THE WEST QUARTER CORNER OF SECTION 32, TOWNSHIP 50 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA; THENCE S 02'50'30" W ALONG THE WEST LINE OF SAID SECTION 32 208.29 FEET; THENCE N 5D'57,30" E lg42.44 FEET TO THE POINT OF BEGINNING: THENCE CONTINUE N 59'57~0" E 150.00 FEET; THENCE N 30'02'30' W 300.00 FEET; THENCE S 59'57'30" W 150.00 FEET, THENCE $ 30'0Z30" E 300.00 FEET TO THE POINT OF BEGINNING. GENERAL NOTES 1) P.O.C. m POINT OF COMMENCEMENT 2) P.O.B. · POINT OF BEGINNING 3) 8~.0. "' ECTION 4} TWP. -TOWNSHIP 5) RGE. = RANGE ~) R/W ', RIGHT OF WAY ~) ALL DISTANCE8 ARE iN FEET AND DECIMAL8 THEREOF 8) NOT VALID UNLE88 S;~3NED AND SEALED W1TH THE EMBOSSED SEAL OF A PROFE881ONAL LAND 8URVEYO. R BY: ~o.oE .. mc. Mo, D P.L.s. 2408 co,uE, cou,w ,~,~,~ wo.~s JUNE 14, 2000 GWT840 SHEET 1 OF 1 FEB 2 6 2002 PROJECT: Lely Area Stormwater Improvements PARCEL NO: 111-840 FOLIO NO.: 00444560009 Prepared by= Ellen T. Chadwe11, EsqeSee Of¢tce of the County 3301 East Tamtam~ Tra$1 Naples, Florida 34t~ (94~) 774-,~400 DRAINAGE EASEMENT THIS EASEMENT, made and entered into this nc/ day of ~.~,...J.,.,,v' , 2002, by WILLIE LOUISE SMITH GILLIARD AKA WILLIE LOUISE SMI3~I, an unmarried woman, whose mailing address is 2711 NW 21't Street, Fort Lauderdale, FL 33311-3309, as Grantor, and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 East Tamiami Trail, Naples, Florida 34112, its successors and assigns, as Grantee. (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and their respective heirs, legal representatives, successors and assigns.) WITNESSETH: Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable consideration paid by the Grantee, the receipt and sufficiency of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, a perpetual, non-exclusive easement, license, and privilege to enter upon and to install and maintain drainage and utility facilities on the following described lands located in Collier County, Florida, to wit: See attached Exhibit "A" which is incorporated herein by reference. Subject to easements, restrictions, and reservations of record. THIS iS NOT HOMESTEAD PROPERTY. TO HAVE AND TO HOLD the same unto the Grantee together with the right to enter upon said land, place, excavate, and remove materials for the purpose of constructing, operating, and maintaining drainage and utility facilities thereon. Grantor and Grantee are used for singular or plural, as the context requires. The easement granted herein shall constitute easements running with the land and shall burden the lands described above. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. ~/~tmn ~ ..s s~,! S~ rn;~.~e )~'~,1, ~.~,,?c (Print orType) ~ :~i{ness '~ignatu. r.e)..'J , Name: r'~Q'~ ~ ."/CLu L LC'K' (Print oLr Type) J aka Willie Louise Smith Address: 2711 NW 21=t Street Ft. Lauderdale, FL 33311-3309 (affix notarial seal) ~NOTAII, Y p[~LiC 5~AT~. O~ FL~A { COUNTY OF ~ T e foregoing Drainage Easement was acknowledged before me this ,c,~ day of--.~,-~ r-,u _, 200.2 by Willie Lo,,uis,.e_?...mft,h~ G._~l~aordr,w~k~ hWa~lhneroLd°uU~:~ Smith, an unmarried woman, wno is persona.y ~uw,, /~/"~.,,p,~a /-/~. as identification. ~ignatu~Te of Notary_Publi~) (Print'l~a~e of Notary Publi'~ NOTARY PUBLIC Serial/Commission #: ~_~~;," My Commission Expires. FEB 2 6 2002 P.O.C. W 1/4 COFL SEC. 32, TWP. 50 $, RGE 26 E, -- PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION NOT A SURVEY PARCEL -'~Z~- ~-'?o FOLIO o°~'~ 9~z' e°'~ PARCEL'~T~840 TAX PARCEL 84 LEGAL DESCRIPTION THE SOUTHEASTERLY 60 FEET OF THE FOLLOWING DESCRIBED PARCEL: COMMENCE ATTHE WEST QUARTER CORNER OF BECTION 32, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE S 02'50'30" W ALONG THE WEST LINE OF 8AID SECTION 32 208.2g FEET; THENCE N 59'57'30' E 11~42.44 FEET TO THE POINT OF BEGINNING: THENCE CONTINUE N 69'57'30" E 150.00 FEET; THENCE N 30'02'30" W 300.00 FEET; THENCE S 50'57"30' W 150.04) FEET, THENCE S 30-02'30- E 300.00 FEET TO THE POINT OF BEGINNING. GENERAL NOTES 1) P,O.C. w POINT OF COMMENCEMENT 2~ P.O.B. = POINT OF BE~NNING 3) BEC. = SECTION 4) TWP. = TOWNSHIP {!) RGE. = RANGE ~ RAN = RIGHT OF WAY kLL DISTANCE8 ARE IN FEET AND OECtMAL8 'THEREOF ~) NOT VAiJD UNLE88 81GNED AND SEALED WITH THE EMBOSSED SEAL OF A PROFE681ONAL LAND 8URVL:YOR E~~D BY: ~, COLLIER COUNTY PUBLIC WORKS 3301 E. TAMIAMI TRAIL NAPLES, FLORIDA 34112 JUNE 14, 2000 GWTB40 SHEET 1 OF 1 AG D/~ TEk* FEB 2 6 2002 Collier, FL ,2001-2002 - 00445480007, Sheet: 2 of: E i! ,ll,l' II.ll~i '1~,,I 6 2002 EXECUTIVE SUMMARY APPROVE AMENDMENT NO. 1 TO THE CONTRACT FOR PROFESSIONAL ENGINEERING SERVICES BY CH2M HILL FOR IMMOKALEE ROAD (C.R. 951 TO 43rd AVE. NE) FOUR LANE DESIGN, PROJECT NO. 60018. OBJECTIVE: To receive Board's approval of the negotiated Amendment No. 1 to the contract for Professional Engineering Services by CH2M Hill for the Immokalee Road Four-Laning Design Project. CONSIDERATION: On May 2, 2000 the Board approved the Contract for Professional Engineering Services with CH2M Hill for the Immokalee Road Four-Laning Design. The Amendment to this Contract is necessary to; 1) to add a water main, Project #70093, and force main, Project #73131, from C.R. 951 to Oil Well Road, as requested by the County's Utility Department and 2) to make necessary revisions in the 90% plans to eliminate the bicycle lanes, sidewalk and highway lighting from east of C. R. 951 to Wilson Boulevard. These items are outlined in further detail in Attachment 'A'. It is anticipated that this design task will be completed in six (6) months for a total cost of $230,444.00 ($80,014.00 to road design, $85,457.00 to water design and $64,973.00 to the sewer design). The newly added design tasks will not delay the actual construction start date. SCAL IMPACT: Funds in the amount of $82,013.00 are available in the Transportation Supported Impact Fee District 1 Fund. Budget amendments are needed to transfer $85,957.00 from the Water Impact Fee Reserve Fund 411 and $65,473.00 from the Sewer Impact Fee Reserve Fund 413. The Water and Sewer Budget Funds contain minimal contingencies. GROWTH MANAGEMENT IMPACT: This Capital Improvement Element No. 71 is consistent with the Transportation Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve the contract and authorize the Chairman to sign the standard County Professional Services Agreement and approve the necessary budget amendment. FEB 2 6 2002 SUBMITTED ~IY :~~/C/,~:M-'~. ~Lynn R. 'Thorpe, P.E., Senior Project Manager Dale A. Bathon, P.E., Principal Project Manager APPROVED BY: ,,~:--' ' " / Roy Anderson; P.E., Director, P.U.E.D. APPROVED BY: :/~,'Y"~'"~ ~' [ ~ 7. ~ Stephen L. Miller, P.E., Director, T.E. & C.M. APPROVED BY: Steve Camell. ,7 Direc:, P~irchas~general Services APPROVED BY: / tLq~- Y'~>' No~. Feder, AICP, Administrator Tr~spo~ation Division DATE: ! [~Z//o r_. DATE: DATE: '/ ?'* l?/''''~'~' DATE: DATE: FEB 2 6 2002 2_. Project 60018 S/A No. 1 IMMOKALEE ROAD DESIGN PROJECT AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT C.R. 951 TO 43ra AVENUE This Amendment No. 1 to the Agreement (hereinafter referred to as the "AGREEMENT") is made and entered into this day of , 2002, by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida (hereinafter referred to as the "COUNTY") and CH2M Hill, authorized to do business in the State of Florida, whose business address is 4350 West Cypress Street, Tampa, Florida 33607--i178 (hereinafter referred to as the "CONSULTANT"). WlTNESSETH WHEREAS, COUNTY and CONSULTANT currently have a valid Professional Services Agreement for the provision of professional services for Immokalee Road (C.R. 951 to 43rd Avenue) the COUNTY desires to modify the terms of said AGREEMENT, and toxvards that end it is necessary to provide additional general Construction Engineering Re-design Services to eliminate the lighting system, sidewalk and bike paths from C.R. 951 to Wilson Boulevard and the design of force main and water main utilities, said services more fully described in said Amendments thereto; and WHEREAS, COUNTY and CONSULTANT a~ee the addition for Immokalee Road (C.R. 951 to 43rd Avenue) General Construction Engineering Re-design Services to eliminate the lighting system, sidewalk and bike paths from C.R. 951 to Wilson Boulevard and the design of force main and water main utilities. Re-design of the road plans and design of utilities are related to the extension of the Construction the services being contemplated under said AGREEMENT are necessary; an! Page 1 of 3 Contract to ~'~'~ ~ 6 zO,~2 Project 60018 S/A No. I WHEREAS, CONSULTANT represents that he has the expertise and the type of professional services that will be required for completion of the project. NOW, THEREFORE, in consideration of the mutual covenants and provisions contained herein, parties agree as follows: ARTICLE ONE 1. CONSULTANT shall provide to COUNTY Professional Engineering Services in accordance with Attachment "A" of this Amendment; as attached hereto. 2. COL.~TY agrees to compensate CONSULTANT for services rendered hereunder as prescribed in "Man-Hour & Cost Summary", as outlined in said AGREE*TENT. Contract fee adjustments: 2.1 Original maximum contract fee 2.2 S/A No. 1 Current Contract Fee = $ 2,352,928.00 = $ .~_,0.444.00 = $ 2,583,372.00 3. The schedule for said PROJECT for Professional Engineering Services for Immokalee Road General Construction Engineering Road Re-design and Utilities Design Services are related to the extension of the Construction Contract, shall be completed in one hundred eighty (180) calendar days. New final completion date will be May 3, 2002. Page 2 of 3 Project 60018 S/A No. I The AGREEMENT, as amended, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment to Professional Services Agreement for the Immokalee Road Project #60018 the day and year first written above. ATTEST: (As to Chairperson) BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORDA, A POLITICAL SUBDIVISION OF THE STATE OF FLORDA By: Dwight E. Brock, Clerk By: James N. Coletta, Chairman Approved as to form and legal sufficiency: Asgistant C~ou~ty Attorney W~tness Witness / CH2M Hill B y:/.~~C.-,L~------- ~ John)~logge Vice-President Transportation (CORPORATESEAL) Page 3 of 3 ATTACHMENT A SCOPE OF SERVICES FOR SUPPLEMENTAL AGREEMENT TO CONSULTING ENGINEERING SERVICES AGREEMENT FOR IMMOKALEE ROAD C.R. 846 [C.R. 951 TO 43RD AVE. NE] PROJECT NO. 60018 Supplemental Agreement No. 1 January 9, 2002 DESCRIPTION Suppiemental Agreement No. 1 provides for the Consultant's services to be expanded to include revising the previously submitted 90% plans package to reflect typical section changes, lighting modifications, and for providing the design, plans, specifications, and estimates for a proposed 36-inch xvater-main and proposed 16-inch force main within the project corridor. PART 1. - SCOPE OF WORK TASK I. The CONSULTANT will provide additional engineering services during the final design phases for revising all the pertinent 90 % Construction Plans to reflect the typical section modifications. These changes will require geometric changes and corresponding revisions to the typical section sheets, plan/profile sheets, drainage plans, cross sections, MOT plans, signing & pavement marking plans, signal plans, lighting plans, quantities, and cost estimates to reflect typical section and lighting modifications. This task includes deletion of the sidewalk, bicycle lanes, and lighting fi.om the west end of the project to Wilson Boulevard. This typical section modification will require revising the outside lane widths to 14 feet, modification of the median width by 4 feet, and deleting the 1-foot of pavement in place for future six lane widening through out the project. This task includes all engineering calculations, design analysis, and revisions required for the preparation of construction plans. This task also includes the design and preparation of plans, specifications, and ¢~ ~mal~ providing lighting at the Collier and Wilson Boulevard intersections. Immok_suppl_ 1 Final_010902 1/10'2002 A~tachment A Immokalee Road Supplemental Agreement No. 1 Page 2 January 9, 2002 TASK II The CONSULTANT with provide engineering services for the design, preparation of construction plans, cost estimates, and specifications for a proposed 36-inch water-main from C.R. 951 to 43rd Ave. This task includes route evaluation, design, the resolution of utility and drainage conflicts, coordination, quantities, utility bridge design (if required), and services during construction for periodic field reviews and responding to requests for information. These plans will be included with the 100% Roadway plans package. TASK III The CONSULTANT with provide engineering services for the design, preparation of construction plans, cost estimates, and specifications for a proposed 16-inch force-main from C.R. 951 to Oil Well Road. This task includes route evaluation, design, the resolution of utility and drainage conflicts, coordination, quantities, and services during construction for periodic field reviews and responding to requests for information. These plans will be included with the 100% Roadway plans package. Basic Services for Task's II and III include: Evaluate and consider a parallel pipeline design for the 36" Water Main to minimize water quality issues. · Evaluate the best corridor and pipeline alignrnent for both facilities (36" Water Main, or 2 Equivalent Water Mains, and 16" Force Main). · Provide detailed design with plan and profile views on separate Utility Drawing Sheets per Collier County standards. · Prepare project specific conditions for incorporation into the specifications, if necessary. · Prepare specifications and a bid proposal package per Collier County standards. · Coordinate xvith developers to identify possible crossings locations where applicable. · Provide utility coordination and conflict resolution during design. · Coordinate with drainage design and minimize conflicts making changes to drainage when necessary. · Provide estimated Quantities and a Construction Cost Estimate with 100% Plans. · Attend/participate in Pre-Application Meeting. · Complete and provide Long Form Permit-Application for Water Main Construction. Permit Fee to be paid by Colher County. · Complete and provide permit application for force main construction. · Attend/participate in Pre-Bid Meeting. · Provide responses to Bidders questions · Provide recommendation for contract award. · Attend/participate in Pre-Construction Meeting. C:~DOCUME~ 1 ~,thorpe_l\LOCALS- 1Wemp\Immok_suppl_ 1 Final_010902. doc I / 10/20O2 Attachment A Immokalee Road Supplemental Agreement No. 1 Page 3 January 9, 2002 Participate in periodic Field Visits (4 total) during Utility Construction · Review Shop Drawings Respond to Requests for Clarification and provide addendum's if necessary. · Complete Certificates of Completion with Partial Clearances of the Water Main as applicable.(*) · Complete Certificate of Completion for Force Main Construction. (*) · Provide record drawings if contractor and/or the firm providing complete services during construction provides certified as-built drawings. (*) - NOTE: Clearance Certifications are contingent on CH2M HILL receiving advance notification and witnessing pressure tests, and other tests if necessary, as part of our periodic field reviews. PART 2.- PROJECT SCHEDULE: The project design schedule for design services shall be modified as follows: 1. Tasks to be included with the Immokalee Road 100% Plans submittal. 2. 100% Plans due April 19, 2002 3. Final Plans due May 3, 2002 PART 3. - EXCLUSIONS: The folIoxving tasks are not included in the Scope of Work for this Supplement: 1. Services other than those specifically listed above. 2. Services requiring more effort than that listed in the Fee Schedule. 3. Permit Fees C:kD O CUM E- 1 \th orp e_l \LOCAL S - 1 \Temp\l mm ok_s uppl_ 1 Fin al_010902, doc 1 / 10/2002 2002 , = I ' i ,o. :.-.,_ c ,,._, i~ ,,,,,, ~. ., i.! ,,,.,,,~, t ,-, ,,,~,,,,-,~, i ,::,~ "8 ~. -FI ,::~.~,,: '-':"'"'" ~"~ '~' ~ ,:,',,, ~ I,,, ,,0 ~ ,:,k k, ,:, ,:, I ! i ~ :, ,11! ; EXECUTIVE SUMMARY AUTHORIZATION FOR STAFF TO AMEND THE CURRENT AGREEMENT WITH MCDONALD TRANSIT ASSOCIATES, INC. TO IMPLEMENT OPERATIONAL AND MANAGEMENT MODIFICATIONS TO THE COLLIER AREA TRANSIT (CAT) SYSTEM OBJECTIVE: To authorize staff to implement operational and management modifications to the Collier Area Transit (CAT) System to ensure continued efficient provision of service. CONSIDERATIONS: On November 28, 2000, the Collier County BCC entered into an agreement with McDonald Transit Associates, Inc. to provide Transit System Service and Support for Collier County. The services provided by McDonald were managed by a staff person of the Transportation Planning Department. In September of 2001, the staff person left to pursue other interests causing a void in the oversight of the transit program. Unable to fill the vacancy with a qualified manager, the duties of transit management were assumed by numerous individuals of the limited Transportation Planning staff. In spite of the management vacancy, the Transit System continues to exceed first year expectations considerably. The two primary routes are running above capacity during the majority of the midmorning and afternoon hours requiring additional vehicles to follow the primary buses to ensure that all riders are able to get to their destinations. Currently, due to a shortage of drivers, McDonald office and management staff are being utilized to provide the backup service. Recently, McDonald Transit Associates presented County staff with proposals to modify both the operational and management aspects of Collier Area Transit (CAT). The operational modifications would include the following: Additional buses to the two primary routes, which would provide half hour service, thereby adding capacity. These modifications could be made without the purchase of additional capital equipment. · Five additional bus drivers (three full time and two part time) · Rate of pay adjustments for all drivers and office staff to ensure comparability with other local organizations providing similar service (school bus drivers and taxi drivers). The managerial modifications would require the expansion of the management responsibilities of McDonald Transit Associates, Inc. to assume the duties previously provided by the Transportation Planning division's Transit Manager. Those new responsibilities would include, but not be limited to, the following: · Preparation and administration of all Federal and State Grants · Marketing, promotion, customer service and public relations · Administration of ail Federal, State and Local regulations as required Budgetary Assistance AGE~.ND.~ITE,.M FEB 2 6 2002 Two additional office staff would be required to assist with the additional management responsibilities. All managerial activities would be overseen by a County Transportation P~anning staff to ensure service quality. FISCAL IMPACT: The annual fee for managerial services for the first year would increase from the current $153,660 to $189,243, an increase of $35,583. Once the restructuring has been completed, the annual fee would decrease to $147,561. The cost of the two additional staff to assist with the additional management responsibilities would be $64,724. The total increase in the managerial fees would be approximately $100,307. The operational modifications, which include five additional drivers and rate of pay adjustments for all drivers and office staff would require an increase of $134,000 for the year. Total additional costs to implement the managerial and operational modifications would be $234,307. Funds are available from Fund 313 (Gas Tax), Transit Enhancement, Project Number 61010. GROWTH MANAGEMENT IMPACT: Consistent with Objective 12 and specifically Policy 12.9 of the Growth Management Plan. RECOMMENDATION: Board authorization for Staff to amend the current agreement between Collier County and McDonald and Associates, Inc. to include the proposed managerial and operational modifications and to Utilize Fund 313 (Gas Tax), Transit Enhancement, Project Number 61010 funds for the implementation of the proposed managerial and operational modifications. Prepared by:-./~'4.,~ J~ ~:'c"-J-~~~ Date: R~bert M. He. rring{o~~ager R eviewedby: /~~'~~~ Date._ Da~ ~olfe,%ran~'portatio~lanning Director Approvedby: /..~,?,~:' .' /~-~.~' ' ~E. Feder, Transportation ,Services Adminis~ator FEB 2 6 2002 pg. mcDOnALD TRANSIT ASSOCIATES, IrlC. 4040 FOSSIL CREEK BOULEVARD, SUITE 200 · FORT WORTH. TEXAS 76137 (817) ~32-9551., (817) 232.9560 FAX December 7, 2001 Dawn Wolfe Director of Transportation Planning Collier County Oovernment 2685 S. Horseshoe Drive Suite 211 Naples, FL 34104 I appreciated the oppommity to meet with you earlier thi~ week to discuss the status of transit in Collier County, as well as the opportunity to expand tl~ management respons~ilities of McDonald Transit Associates, Inc. It was also good to hem that you are very satisfied with Dean Allen's assistance during this transition period that you are experiencing. In response to your request for McDonald Transit Associates, Inc. to handle all of the management responsibilities, we would propose the following. Dean Allen would remain as General Manager, but his respomibflities would be oqaanded to include oversight of every facet of tho Collier Area Tramit System. second Road Supervisor's position would be crem~ to allow ~ the ability take on more respons~ility. 3. A second clerical position would be created to answer phones and allow the · =--ctm'ent clerical position to assist Dean with his ex~ responsibilities. Over tim next two years, Dean would recede additional corporate support and training to r~ tlm finanCe, gr0xlt alld administration functions of Collier Area Transit. In order to acco~ th~% L1~ CoLlnty would lleed to amend Page 1, Section 3 of the contract to reflect tho expanded responsibilities. Revised language is ~hed for your review. FEB 2 6 2002 Dawn Wolfe Page two The revised language includes the new fee for service to cover Dean's expanded responsibilities and the additional corporate support required during the first two years of the amended contract, TI~ ~nn,~l fee for service would increase fi'om $153,660.00 to $189,243.00. Once the restru~g ha~ been completed, the n.?~nual fee would decrease to $147,561.00 in the last year of the ~rnended contract. It should be noted that the cost for tho additional Road Supervi~r and clerical position would be a reimbursable expense by the County and, subject to the County's approval. I hope this information meets with your approval, should you have any questions please ' call me at (386) 756-7496 x126. Managing Director KF:ch No. I~'!~,-o - FEB 2 6 20O2 Collier County Tnmsportation Planning Revised .l'_a_n~o~mge for Amended Contract A fee as se~ forth in Exhibit "A," item 503.99. Tho fe~ includes all costs and expenses associated with the salary and related cost oftl~ General Manager, int~ on working capital~ corporate stafftra~,~l and overhe~L The resi)ons~lllties of tho G-~neral Manager and tho Contractor have bexn expanded to include., but ~ot b~ limited to, supervising, overseeing and making recommendations concerning tl~ following: Daily operation of the transit · Oversight offacillty and equipment maintenance Preparation and adm~ni.~xation of all grants- federal state and/or local · Marketing, promotion, customer service and public relations · Evaluation and preparation ofrotaes and schedules Adxninl_~tration of all FTA, state, local and all other regulations as required. · Personnel and labor relations · Othg personn~l matters including training and development Purchasing (within tho guidelines set by tho County) · Accidents, claims and safety ~,clrn~ni.,~'ativ¢ poli¢i~ and procedures and record keeping · Budgetary assistance · S~urity · Fare strategy To assist t~ County and tho General Manager, tho Contractor will furnish executive consulting personnel and t~chnical assistance pexsonn~l as may bo reasonably required in tha operation of tho transit system. Th~ fu'st two years, under tl~ a~nded contract, call for. inJgt~i~ corporate support to tramidon from~an operations contract to more ora traditional mamgement contract. After two years, tl~ corporate support returns to a normal level of effort. 'rhe leg for services based for a 12-month billing period is: Annunl Year I .................... -=-$18~,240 Year 2 ........................ $177,480 Year 3 ............................ $152,160 Year 4 ........................... , $147,600 Monthly ts,770 $14,790 $12,680 $12.300 Effective Date AGEI~A ITEM No. FEB 2 6 20Q2 c:R/t,R - **.4 ,s ch-../C:~C)/~'~ ~ [L-h'~ r-,t:,: T *I; T ~%c~---?.~"r-3qft* S0'~ -R~IOI Tota{ Full-T{me 13 Total Pa~t-Tim¢ 4 Total 17 CAT Staff'mg Proposed Ocncral Manager Lead Supervi~r Road Supervisor Dispatchers Office Assistant Full-Time Bus Ol~r~tors Part-Time Bus Operators 1 ! 1 2 2 8 4 15 FEB 2 6 2O02 )mmo~le~ Rd C -I ~ { ~ Van~lc~'b~ Beach Rd ~ ~ Pine ~dge ~ ~ ~ ~ ' ~ · ~6th Ave SW ~n Gate ~ ~ ' ~L. " ~:~ .... ..... H~mock Rd~ =~ ' f~ -~. ~. LEGEND ~' '~'~~A~H--,Y '"'~* ~rD ~- ~ '-~ [ j WA~ ~ N I } ~~Y S Oil Well Rd AGE~ i'VE ~¢.... FEB 2 6 20B2 0 0 ~ <~ m AGF.,I',tlD~ ~,~!TEk~ No. [t~_~~ FEB 2 6 Golden Gate Pkv~j Radio Rd Davis BIvd LEGEND Rattlesnake Hammock ,-AGEN pi~:l ~/~..... ne.'i~ :-, t~.~ ~: FE~ ~ 2002 .................... ~~~~ mo ,--I ITl b ..n,.'~ A I LEGEND FEB 2 6 2002 W I-- ~LIJ ©..~ Z Z Z 0 0 FEB 2 6 2002 4th A,~o H ~ on,` n"O Z ~LLI 0"' LEGEND FEB-2 6 2002 ROUTE 1 RED ROUTE VO-TECH AIRPORT/ AIRPORT/ AIRPORT/ NORTH US 41 & COASTLAND AIRPORT/ VO-TECH CENTER GOLDEN GATE PiNE RIDGE IMMOKALEE HOSPITAL PINE RIDGE MALL GOLDEN GATE CENTER 6:19AM 6:22AM 6:35AM XXXX 6:47AM 6:53AM 7:00AM 7:07AM 7:I2AM 7:19AM 7:22AM 7:35AM XXXX 7:47AM 7:53AM 8:00AM 8:07AM 8:12AM 8:19AM 8:22AM 8:35AM XXXX 8:47AM 8:53AM 9:00AM 9:10AM 9:15AM 9:25AM 9:30AM 9:45AM 10:00AM 10:10AM 10:25AM 10:30AM 10:40AM t0:45AM 10:55AM 11:00AM 11:15AM 11:30AM 11:40AM 11:55AM 12:00PM 12:10PM 12:15PM 12:25PM 12:30PM 12:45PM 1:00PM 1:10PM 1:25PM 1:30PM 1:40PM 1:45PM 1:55PM 2:00PM 2:15PM 2:30PM 2:40PM 2:55PM 3:00PM 3:10PM 3:15PM 3:25PM 3:30PM 3:45PM 4:00PNI 4:10PM 4:25PM 4:30PM 4:40PM 4:45PM 4:55PM 5:00PM 5:15PM 5:30PM 5:40PM 5:55PM 6:00PM 6:10PM 6:15PM 6:25PM 6:30PM 6:45PM 7:00PM 7:10PM XXXX AGENDA t~EM FEB 2 6 2OO2 EXECUTIVE SUMMARY APPROVE AWARD OF A CONSTRUCTION CONTRACT TO THE LOWEST BIDDER, APAC, INC., FOR A RIGHT TURN LANE FROM IMMOKALEE ROAD TO 47'm AVE. N.E, IN THE AMOUNT OF $53,613.90 BID No. 02-3340 OBJECTIVE: To receive the Board of County Commissioners' approval and award of the construction contract to the lowest bidder, Apac, Inc., for a right mm lane from Immokalee Road to 47th Ave. N.E. CONSIDERATIONS: Bid opening was conducted on January 30, 2002. Six bids were received as follows: Apac, Inc. $53,613.90 Bonness, Inc. $61,370.05 Ajax, Inc. $90,300.00 Cougar Contracting Specialties, Inc. $60,394.00 Better Roads, Inc. $67,151.20 Florida State Underground Inc. $85,320.80 The recommended contract award amount of $53,613.90 consists of constructing a right turn lane from Irnrnokalee Road to 47th Avenue N.E. The engineer's estimate for this project is $48,024.46 and the budge~d amount is $53,613.90. in project number 60016, Minor Turnlane Intersection Improvements. FISCAL IMPACT: Funds in the amount of $53,613.90 are available in the Transportation Supported Gas Tax Fund. Source of Funds are Gas Taxes. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners: 1) Approve award of construction contract to the lowest bidder, Apac, Inc., for the turn lane on Immokalee Road at 47'h Avenue N.E. for the total amount of $53,613.90. 2) Authorize the Chairman to execute the Construction Agreement with Apac, Inc. Daniel G. Hall, P.E., Engineer Transportation Operations Department Stephen ?. Camell?Directo'S7'~/ REVIEWED BY: ~ Edward J. Kant~,~'~tor Transpo:x~tion O/l~'ions Depa, relent ,.v'/ "'A: ,4 Norman/Feder, A~ Tra~ppnation Division Date Date FEB 2 6 2002 2002 FE~ k ~ 2002 EXECUTIVE SUMMARY APPROVE THE PIGGYBACKING OF A VILLAGE OF WELLINGTON (PALM BEACH COUNTY) CONTRACT TO PURCHASE A FRONT-END LOADER FOR THE ROAD AND BRIDGE SECTION. OBJECTIVE: To enhance the daily repair and maintenance on County roadways and fights-of- ways within the Road and Bridge Section of the Transportation Operations Department. CONSIDERATIONS: A front-end loader is required by the Road and Bridge Section to continue the current level of repair and maintenance of Collier County roadways and fights-of- ways. This loader will be purchased instead of a motor grader which $ 70,000.00 was budgeted for in FY 02. The additional funds will come from the savings on the purchase of the Gradall. The Village of Wellington in Palm Beach County has, in place, a statewide contract (~44-01) with Nortrax Equipment Company for new front-end loaders with attachments. Staff requests Board approval for the piggybacking onto the Village of Wellington's contract in order to purchase a front-end loader with attachments. FISCAL IMPACT: Funds are budgeted in the Road and Bridge Fund (101) in the approximate ;Y 04 .00. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board approve the piggybacking onto the Village of Wellington's contract (#44-01) with Nortrax Equipment Company for the purchase of a front- end loader with attachments for the Road and Bridge Section. SUBMITTED BY: '~ Travis Goss. ajrd, Road and Bridge Sl~pervisor REVIEWED ~hn Vliet, Road ~nd Bridge Superintendent en<~.r,:am& Prur~hasi~,~D~rector Edw~'~l J,,/K~t~ PE~ation Operations Director APPROVED BY: ~~nsportation Administrator DATE: 4?/ / DATE: DATE: 217"0[0 -~- DATE: ¢/¢,~/t~ 7.-' DATE: ~/~/~--t..- AGENDA ITEM FEB 2 6 2002 EXECUTIVE SUMMARY APPROVE AN AGREEMENT FOR CONSTRUCTION OF ACCESS IMPROVEMENTS FOR PEBBLEBROOKE PLAZA LOCATED AT IMMOKALEE ROAD AND COLLIER BOULEVARD (C.R. 951). OBJECTIVE: To receive Board's approval of the negotiated Agreement for Construction of Access Improvements for Pebblebrooke Plaza. CONSIDERATION: The Developer of Pebblebrooke Plaza, Regency Realty Group, Inc., has proposed that that the County construct mm lanes and turn outs to their property located at Immokalee Road and Collier Boulevard for which the Developer is responsible to construct. In consideration for the County's work, the Developer has agreed to reimburse the County to cover all of their costs. The Developer has agreed to pay the Count3' the total sum of $48,716.32 as noted in the attached Agreement. This work has already been completed and paid for out of the project in order to not stop the project and complete it on time. ..,~eISCAL IMPACT: The reimbursemeht of $48,716.32 will be reimbursed to the Transportation Supported Gas Tax Fund. This work has been completed and paid to the contractor out of the Gas Tax Fund. GROWTH MANAGEMENT IMPACT: This Agreement has no Growth Management Impact. RECOMMENDATION: That the Board of County Commissioners approve the Agreement for Construction of Access Improyements and authorize the Chmrman' to sign this Aereement.~ SUBMITTED B/( /~, .~5. /'~)/'~,~/'~ ~/ _ DATE: 37/~'-se/~' -z :<_~-/Lyfin R. Thorpe, P.E., Senior Project Manager Dale A. Bathon, P.E., Principal Project Manager APPROVES BY: APPROVES BY: APPROVED BY: Steven L. Miller, P.E., Director, T.E. & C.M. . Steve ca'ell, Directc :,~Purchas~ng/General Services N6rm 1~. Fed'er,/AICP, Administrator Tra~ )rtation Division DATE: DATE: '2 DATE: AGREEMENT FOR CONSTRUCTION OF ACCESS IMPROVEMENTS THIS AGREEMENT is made and entered into this day of . by and between tile BOARD OF COUNTY COMMISSIONERS. COLLIFR COUNTY, FLORIDA, a political subdivision of the State of Florida, (hereinafter referred to as "County"). and REGENCY REALTY GROUP, INC., a Florida corporation, its successors and assigns {hereinafter referred to as "Developer"). WHEREAS. the County is presently constructing a portion of hnmokalee Road. CR 846 Highway designated as County's Project No. 69101. l mmokalee Road 4-Laning hnprovements commencing fi'om 1-75 extending easterly to Collier Boulevard (hereinafter referred to as "Highvcay"); and WHEREAS. the Developer is the owner of tile property knoxvn as Pebblcbrooke Plaza according to the plat thereof recorded in Plat Book 36. pages 3 and 4 of the public records of Collier County. Florida (hereinafter "Developer's Property" !: and WHEREAS, the Developer has proposed that the County design anti construct turn lanes and turu outs to the Developer's Property located at the gt,uthwest corner of hmnokalee Road and Collier Boulevard as depicted on the site plan attached hereto as Exhibit "A" (hereinafter "Access Facilities"): and WHEREAS. the Developer is responsible t\~r the design and construction of said access facilities; and WHEREAS. the Developer }las agreed to comp,resale the County for the design and construction of the Access Facilities. NOW TttEREFORE. in consideration of the promises and mutual covenants hereinafter contained and other good and valuable consideratitm. ~he receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and bet',~ o:n the parties as follows: 1. Tile County has or shall construct thc -\c,:e~s Facilities pursuant to the plan and profile sheets 32R and 361>` of the hnmokalee Road Cons!ruction Plans dated December 1998. 2. The Developer shall pay to the County pursuant to the tenns of this Agreement, the actual costs incurred by the County for the design a~d construction of the Access Facilities. The parties agree that the actual construction costs equal Forty-Eight Thousand Seven Hundred Sixteen and 32,100 Dollars {548,716.32}. Payment by I)eveloper shall be made within thirty {30} days of the full execution of this Agreement by mailiug or delivering a check to Lynn Thorpe. Senior Project Manager. 2675 South Horseshoe Drive. Suite 401, Naples. Florida 34104. 3. The County reserves the right to make access modifications within its existing or future road right-of-way pursuant to its police power. 4. This Agreement shall be governed by and construed under the laws of the State of Florida. In the event any litigation is instituted by way of construction or enforcement of this Agreement, the prevailing party in said iitigadon shall be entitled to collect and recover from the opposite part.,,' all court costs and other expenses including reasonable attorney's fees. 5. This Agreement contains the entire underslanding between the parties and any modifications to this Agreement shall be reduced to v,'riti~g and signed by the parties hereto. 6. Except as this Agreement may other~vis,: he terminated, this Agreement shall remain in full force and effect fl'om the date ilrst written above and shall terminate upon the completion of the sen'ices and responsibilities performed by the County and the Developer to each other's reasonable satisfaction which shall be eviden,:cd in writing. i FEB 2 6 2002 7. The County or Developer may tennmalc this Agrecmcnt with reasonable cause prior to the completion of the Access Facilities upon thir, v 130) days prior written notice to each other as provided in this Agreement. In the event nl such termination by either part3', the County shall be entitled to compensation for value of ~e,, i,:es provided, construction performed and termination costs as actually incurred. IN WITNESS WHEREOF. the parties hereto hax c caused this Agreement to be executed by their appropriate officials as of the date first xvriuen ab.~x e. AS TO THE COUNTS': DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD (~:: COUNTY COMMISSIONERS COL[ !Fr~, COUNTY. FLORIDA JAMES N. COLETTA, Chei=~an AS TO 'l'ttE DEVELOPER: (.5i,,.,.. (:x, '. '-' ¥c/,~ ~di. i', Prmled r} ped Name S i gn al ut"'~'~- Printed T)ped Name iii '.;; '",( '~' REALTY GROUP. INC. ~ cerporale seal App~ ox ed as to fom~ and legal sufficiency: Heidi F. Ashton Assislant CounD' Attorney h HFA Agreemtmls-lmmokaleeRd-Regencv RealtyG roup 2002 t O0+~,g ~ ¥..LS 2 § 2002 O0+g6~ ¥15 3NI9 3~19 HO£W.4 B 2 6 2002 r" 00+~ 3NI9 2 6 2002 EXECUTIVE SUMMARY. RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS EXTEND THE PRESENT SERVICES AGREEMENT FOR THE PELICAN BAY SERVICES DIVISION UNTIL 31 DECEMBER 2002 OBJECTIVE: To ensure continuity in the provision of services by the Pelican Bay Services Division (PBSD), address the desires of the MSTU Advisory Committee and meet the requirements/principles of the County's purchasing policy. CONSIDERATIONS: The firm of Severn Trent Environmental Services, Inc. has been providing the requisite services for the Pelican Bay Services Division for many years. The annual fee is $48,000. The current agreement was placed on a month-to-month basis pending the decision of the Board regarding the'Ordinance establishing the Pelican Bay MSTBU, after which the contract was to be let for competition. At the November 7, 2001 meeting of the PBSD Advisory Committee, the Committee reviewed this issue and unanimously voted to recommend to the Board of County Commissioners that the Contract for Management Services be extended for one year with an authorized compensation of $48,000. County staff has also reviewed this recommendation and advocates moving forward under a competitive Request for Proposals (RFP) as soon as the referenced ordinance changes are adopted in the Spring of this year. This new contract will be implemented in CY 2003. Staff notes that the current month-to-month extension arrangement has been in place for more than a year and submits that maintaining this arrangement for almost another year is unacceptable. Transportation and purchasing staff members will work with the PBSD advisory board to develop an RFP document that meets the business needs of the MSTU and a selection process that incorporates advisory board input. Staff estimates this process will require approximately three months from the · date the RFP is issued to have a new contract in place for CY 2003. FISCAL IMPACT: The fee outlined herein is $48,000 per year and is budgeted in the Fiscal Year 2002 Pelican Bay Services Division Budget · (Fund 109). There are no other costs associated with this contract. GROVV'I'H MANAGEMENT IMPACT: impact associated with this decision. There is no growth management Executive Summary Extension of PBSD Manager's Contract Page 2 of 2 RECOMMENDATION: That the Board of County Commissioners consider the recommendations of the Pelican Bay Services Advisory Committee and extend, for the final time, the present contract with Severn Trent Environmental Services, inc. until 31 December 2002. PREPARED BY: James P. Ward Department Director DATE: REVIEWED BY: DATE: Lou Viasho, Chairman Pelican Bay MSTBU Advisory Committee REVIEWED BY: DATE: Steve Carnell, Purchasing/General Services Director REVIEWED BY: Edward J. Kant, P.E. Transportation Operations Director REVIEWED B Transpo~ation Se~ices Administrator DATE: DATE: / / EXECUTIVE SUMMARY APPROVAL TO ENTER AN AGREEMENT WITH THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS FOR THE REIMBURSEMENT OF EMERGENCY PROTECTIVE MEASURE EXPENDITURES OBJECTIVE: To gain Board of County Commissioners acceptance and approval of Contract # 02-RM-'2-09-21-01-013 between the State of Florida, Department of Community Affairs and Collier County to reimburse Collier for emergency protective measure expenditures in preparing for/responding to Tropical Storm Gabrielle. CONSIDERATION: The Federal Emergency Management Agency, through the State of Florida, Department of Community Affairs, has made funds available to the counties impacted by Tropical Storm Gabrielle in September 2001. These expenditures were for cleanup and repairs for several areas within Collier County, including a portion of CR 29, 64th Avenue and various Traffic Operations costs. Collier County has already performed the work, as emergency protective measures, and is now seeking eligible reimbursement per the Robert T. Stafford Act. FISCAL IMPACT: Funds will be deposited in the Transportation Operations Fund (101) in the amount of $67,073 if all funds are approved for reimbursement. This amount represents 87.5% of the total of $76,655 expended. The remaining 12.5% is the County's share of the cost. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact. RECOMMENDATION: That the Board of County Commissioners: approve the attached Contract # 02-RM-* 2-09-21-01-013 for the reimbursement of disaster related expenses subject ot review by the County Attorney's Office; adopt the Resolution authorizing the execution and acce' ~tance of said A~reement; and, approve the necessary Budget Amendment that increases,'l~und 1 q 1 by $~,073. Edw~ J. ~ansportation Operations Director APPROVEDBY: No/an E. Feder, AICP, Transportation/~drfi~nistrator Attachments: /No. 1 - Disaster Relief Funding Agreement FEB 2 Florida Department of Community Affairs Contract No. 02-R~--2-09-21-01-013 DISASTER RELIEF FUNDING AGREEMENT This Agreement is between the State of Florida, Department of Community Affairs (the "Grantee") and, Collier County Goverrn~e~t (the "Subgrantee") . This Agreement is based on the existence of the following conditions: Tropical Storm Gabrielle had a devastating impact upon the State of Florida. The severity of the damage and losses resulted in a declaration of emergency by the Governor in Executive Order 01-268. In consequence of Tropical Storm Gabrielle, the President of the United States declared Tropical Storm Gabrielle a major disaster in the following counties: Charlotte, Collier, DeSoto, Flagler, Manatee, Putnam, Sarasota, St. Johns, Hardee, Highlands, and Lee. The Public Assistance Program was made available to eligible applicants in the counties of Charlotte, Collier, DeSoto, Flagler, Manatee,. Putnam, Sarasota, St. Johns, Hardee, Highlands, and Lee. The Agreement between.the State of Florida and the Federal Emergency Management Agency governing the use of such funds re- quires the State to share the costs eligible for federal financial assistance, and the State has undertaken to share those costs with its Subgrantees. A Budget Amendment has been prepared and is being considered to provide for the necessary funds and authority for this event. ! IATTACHMENT NO. PP, GE ! , OF Under the Emergency Management Act, as amended, the Department has authority to administer federal financial assistance from the Agency consequent to a presidential declaration of disaster. Based upon the existence of the foregoing conditions, the parties agree to the following: ARTICLE I. Definitions. As used in this Agreement, the following terms shall have the following meanings unless another meaning is specified elsewhere: A. "Eligible activities" are those activities authorized in the FEMA-State Agreement, and in the Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93-288, as amended, 42 U.S.C. § 5121-5201; 44 C.F.R. Part 206; and applicable policies of the Federal Emergency Management Agency. B. "FEMA-State Agreement" is the agreement of October 4, 2001 between the Federal Emergency Management Agency and the e State of Florida, for Disaster No. FEMA-1393-DR-FL. ARTICLE II. APPLICABLE Law. The parties agree to all the conditions, obligations, and duties imposed by the FEMA-State Agreement and all applicable state and federal legal requirements including, without any limitation on the generality of the fore- going, the requirements of 44 C.F.R. Parts 13 and 206, and the policies of the Federal Emergency Management Agency. ARTICLE III. FUNDING and INSURANCE. Grantee shall provide funds to the Subgrantee for eligible activities for the projects approved by the Grantee and the Federal Emergency Management Agency, as specified in the approved Project Worksheets. · 2 I TACHMENT NO. / [ Allowable costs shall be determined in accordance with 44 C.F.R. Parts 13 and 206. A. The approved Project Worksheets shall be transmitted to Subgrantee, and shall state the cumulative funding allowed, the scope of the eligible project, and the costs eligible under this Agreement. Project Worksheets may obligate or deobligate funding, thereby amending the total amount of funding. The approved Project Worksheets shall document the total eligible costs and the total federal share of those costs, which shall be seventy-'five (75) percent of all eligible costs. Contingent upon an appropriation by the Florida Legislature, the Grantee agrees to provide one-half of any non-Federal share for local government and private non-profit Subgrantees. As a condition of receipt of the funding, and contingent upon an appropriation by the Florida LegislatUre where required, the Subgrantee similarly agrees to provide any non-Federal share not paid by the Grantee. B. As a condition to funding under this Agreement, the Subrantee agrees that the Grantee may withhold funds otherwise payable to Subgrantee from any disbursement to Grantee upon a determination by Grantee or Federal Emergency Management Agency that funds 'exceeding the eligible costs have been disbursed to Subgrantee pursuant to this Agreement or any other funding agreement administered by Grantee. C. AB a further condition to funding under this Agreement, the Subgrantee agrees to procure insurance sufficient for the type or types of hazards for which the disaster was declared to cover P~c 3 3 IAI'TACHMENT NO IPAGE 3 OF any and all projects to be funded under this Agreement where insurance is-available and reasonable. Subgrantee shall provide Grantee with a certificate of such insurance as a condition to funding under this Agreement. ARTICLE IV. DUPLICATION OF BENEFITS PROHIBITION. Subgrantee may not receive funding under this Agreement to pay for damage covered by insurance, nor may Subgrantee receive any other duplicate benefits under this Agreement. A. Subgrantee shall without delay advise Grantee of any insurance coverage for the damage identified on the applicable Project Worksheets and of any entitlement to compensation or indemnification from such insurance. Subgrantee shall reimburse Grantee without delay for any duplicate benefits Subgrantee may receive from any other source for any damage identified on the applicable Project Worksheets' for which Subgrantee has received payment from Grantee, to the extent of any such duplication. B. In the event that Grantee should determine that Subgrantee has received duplicate benefits, by its execution of this Agreement the Subgrantee gives Grantee or the comptroller of the State of Florida the authority to set off the sum of any such duplicate benefits by withholding it from any other funds otherwise due and owing to Subgrantee. ARTICLE V. COMPLIANCE WITH ENVIRONMENTAL, PLANNING AND PERMITTING LAWS. Subgrantee shall be responsible for tke implementation and completion of the approved projects described in the Project Workskeets in a manner acceptable to Grantee, and , 4 ATTACHMENT h30.[ PAGE ~ OF "---~-~ Page 4 in accordance with applicable legal requirements. The contract documents for any project undertaken by Subgrantee, and any land use permitted by or engaged in by Subgrantee, shall be consistent with the local government Comprehensive Plan. Subgrantee shall ensure that any development or development order complies with all applicable planning, permitting and building requirements. Subgrantee shall engage such competent engineering, building, and other technical and professional assistance at all project sites as may be needed to ensure that the project complies with the contract documents. ARTICLE VI. Required Documentation, Reviews, and Inspections Subgrantee shall create and maintain documentation of work performed and. costs incurred on each project identified in a Project Worksheet sufficient to permit a formal audit comporting with ordinary, customary and prudent public accounting requirements. Upon the failure of Subgrantee to create and maintain such documentation, Grantee may terminate further funding under this Agreement, and Subgrantee shall reimburse to Grantee all payments disbDrsed earlier to Subgrantee, together with any and all accrued interest. A. Subgrantee shall submit the following documentation for Large Projects (the Small Project threshold for this declaration is $50,600.00): 1. A Request for Advance or Reimbursement conforming to the sample attached to this Agreement as Attachment A; 2. A Summary of Documentation Form conforming to the sample $ Page 5 .... ATTACHMENT NO. Z PAGE ..5' OF ~' "5 attached to this Agreement as Attachment B, which shall be supported by original documents such as contract documents, invoices, purchase orders, change orders and the like; 3. A request for final inspection; 4. A signed Project Listing upon the completion of all projects; and 5. The Project Listing and Certification specified by Paragraph B of this Article. B. For all projects, Subgrantee shall state on the Project Listing and Certification that all work was performed in accordance with this Agreement and the requirements in each Project Worksheet, and shall state the date of completion. C. Grantee will inspect Small Projects by random selection, and will conduct the final inspections on Large Projects, to ensure that all work has been performed within the scope of work specified on the Project Worksheets. Costs not within the approved scope of work shall not be reimbursed. ARTICLE VII. Cost Sharing. The federal share of the eligible costs specified in the Project Worksheets under this Agreement shall be seventy-five (75) percent of such costs and the nonfederal share shall be twenty-five (25) percent. As a condition of funding under this Agreement, the Grantee shall pay fifty (50) percent of the nonfederal share and Subgrantee shall pay the remaining fifty (50) percent. Payment of all or a specified portion of the nonfederal share of such costs is contingent upon an appropriation defining the apportionment of the eag: 6 6 ATTACHM E~ NO._ ! j !_.___.Z' !: PA~E ~ OF :3 i ~7 ~ nonfederal share. Administrative costs in addition to the Project Worksheets that are otherwise eligible under 44 C.F.R. Part 206 and do not require matching funds will also be funded by the Federal Emergency Management Agency. ARTICLE VIII. Payment of Costs. Grantee shall disburse the eligible costs to Subgrantee in accordance with the following procedures. A. Grantee shall disburse the federal and nonfederal shares of the eligible costs for Small Projects to Subgrantee as soon as practicable after execution of this Agreement and formal notification by the Federal Emergency Management Agency of its approval of the pertinent Project Worksheet. B. Grantee shall reimburse Subgrantee for the federal and nonfederal shares of the eligible costs for Large Projects as soon as practicable after Subgrantee has delivered the following documents to Grantee: 1. A Request for Advance or Reimbursement Form conforming to the sample attached to this Agreement as Attachment A; 2. A Summary of Documentation Form conforming to the sample attached to this Agreement as Attachment B, which shall be supported by original documents such as contract documents, invoices, purchase orders, change orders and the like; and 3. A letter or notification certifying that the reported costs were incurred in the performanCe of eligible work. C. Grantee may advance funds under this Agreement to Subgrantee not exceeding the federal share if Subgrantee meets ?~¢ 7 7 IATTACHMENT NO. / ]PAGE '7 _OF the following conditions: 1. Subgrantee shall demonstrate to Grantee that Subgrantee has procedures in place to ensure that funds are disbursed to project vendors, Contractors, and subcontractors without unnecessary delay; 2. Subgrantee shall submit to Grantee the budget supporting the request; 3. Subgrantee shall submit a statement justifying the advance and the proposed use of the funds, and specifying the amount of funds requested; 4. Subgrantee shall' submit a completed Request for Advance or Reimbursement Form; and 5. Subgrantee shall pay over to Grantee any interest earned on advances for remittance to the Federal Emergency Management Agency as often a~ practicable, and in any event not later than ten (10) business days after the close of each calendar quarter. D. Subgrantee may make improvements to the project facility in conjunction with its restoration of the facility to its predisaster condition in accordance with 44 C.F.R. Part 206 with the prior written approval of Grantee. E. In any case in which Subgrantee certifies to Grantee in writing that the restoration of a damaged public facility to its predisaster condition is not in the best interest of the public, Subgrantee may request Grantee and the Federal Emergency Management Agency to approve an alternate project in accordance with 44 C.F.R. Part 206 before the commencement of any work. ATTACHMENT NO. ! PAGE ~ OF ~'~ F. Grantee may, in its discretion, withhold its portion cf the nonfederal share of funding under this Agreement from Subgrantee if Grantee has reason to expect a subsequent unfavorable determination by the Federal Emergency Management Agency that' a previous disbursement of funds under this Agreement was improper. ARTICLE IX. Final Payment. Grantee shall disburse the final payment to Subgrantee upon the performance of the following conditions: A. Subgrantee shall have completed the project; B. Subgrantee shall have submitted the documentation sPecified in Articles VI and VIII of this Agreement; C. In the case of Large Projects, the Grantee shall have performed the final inspection; D. In the case of Small Projects, the Project Listing and Certification shall have been reviewed.by Grantee, or Grantee shall have performed a final inspection; and E. Subgrantee shall have requested final reimbursement. ARTICLE X. Records Maintenance. The funding of eligible costs under this Agreement and the performance of all other conditions shall be subject to the following requirements, in addition to such other and further requirements as may be imposed by operation of law: A. The "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments," as codified in 44 C.F.R. Part 13, as amended; P~g~ 9 9 B. Office of Management and Budget Circular No. A-87, "Cost Principles for State and Local Governments," as amended; C. Office of Management and Budget Circular No. A-Il0, "Uniform Administrative Requirements for Grants and Other Agree- ments with Institutions of Higher Education, Hospitals and Other Non-Profit Organizations," as amended; and D. Office of Management and Budget Circular No. A-122, "Cost Principles for Non-Profit Organizations," as amended. E. Subgrantee will maintain all documentation concerning the projects funded under this Agreement until the occurrence of the following events, whichever is the later: 1. The completion of final insPection and final audit, and the final resolution of any issues identified in the same; or 2. The expiration of three (3) years from the date of final disbursement under this Agreement. F. Subgrantee shall make all documentation concerning the projects funded under this Agreement available and accessible to the Comptroller General of the United States, the Grantee, and the Federal Emergency Management Agency between 8:00 a.m. and 5:00 p.m. on weekdays other than official holidays. ARTICLE XI. Reimbursement of Funds. If upon final inspection, final audit, or other review by Grantee, the Federal Emergency Management Agency or other authority determines that the disbursements to Subgrantee under this Agreement exceed the eligible costs, Subgrantee shall reimburse to Grantee the sum by which the total disbursements exceed the eligible costs within :ATTACHMENT NO. J PAGE OF Page I0 forty-five (45) days from the date subgrantee is notified of such determination. ARTICLE XII. Audit. Subgrantee shall submit an Audit of Agreement Compliance to Grantee, and shall have an independent audit performed by a Certified Public Accountant if its total expenditures of federal financial assistance for the most recent fiscal year equal or exceed $300,000.00. A. Subgrantee will conduct the audit in accordance with the following requirements: 1. The standards established by the Comptroller General of the united States'; as specified in the General Accounting office Standards for Audit of Governmental Organizations, Programs, Activities and Functions; 2. The standards establi'shed by the American Institute of Certified Public Accountants; 3. The requirements of §§ 11.45, 216.349, and 216.3491, Fla. Stat. (2001), and the Rules of.the Auditor General; 4. The requirements of the single Audit Act of 1984, Pub. L. 98-502, as amended, 31 U.S.C. §§ 7501-7507, to the extent here applicable; and 5. office of Management and Budget Circular No. A-133, as amended, to the extent here applicable. B. The audit shall be identified by the serial contract identification number for this Agreement. If the subgrantee is a private nonprofit organization, it shall submit an organization- wide audit. p~g¢ 11 11 IAllACHN~ENI NO. / C. The audit shall be due not later than seven (7) months after the close of the fiscal year for Subgrantee except where Grantee and Subgrantee have mutually agreed upon another date. D. Subgrantee shall conduct such additional audits as Grantee or the Federal Emergency Management Agency may determine necessary to determine the adequacy, accuracy, and reliability fo the internal procedures Subgrantee has in place to protect its assets and to ensure compliance with this Agreement. E. If this Agreement is closed out without an audit, Grantee may recover from Subgrantee any disallowed costs identified in an audit after such closeout. ARTICLE XIII. Noncompliance- If the Subgrantee violates this Agreement or any legislation, regulation, statute, rule or other legal requirement applicable to the performance of this Agreement, the Grantee may withhold any disbursement otherwise due Subgrantee for the project with respect to which the violation has occurred until the violation is cured or has otherwise come to final resolution. If the violation is not cured, Grantee may terminate this Agreement and invoke its remedied under the Agreement in accordance with Articles XXI and XXV of this Agreement. ARTICLE XIV. Nondiscrimination by Contractors. Subgrantee shall undertake an active program of nondiscrimination in its administration of disaster assistance under this Agreement, in accordance with 44 C.F.R. Parts 7 and 16, and 44 C.F.R Part 2.06. In addition, Subgrantee shall be subject to the requirements in FE/V~-1393-D~ ,~!~]~ 12 ~TACHMENI NO. / the General Services Administrative Consolidated List of Debarred, Suspended and Ineligible Contractors,. in accordance with 44 C.F.R Part 17. ARTICLE XV. Modification. The time for performance of this Agreement may be extended once unless the failure of Subgrantee to close out the project is caused by events beyond its control. A modification extending the time for completion of the project and any other modification shall be in writing, and shall take effect only upon execution by both parties. Modifications to any Project Worksheet to be funded under this Agreement may be requested by Sub~rantee through Grantee, but the approval of any such modifications shall reside in the sole discretion of the Federal Emergency Management A~ency. Any approved modification to a project Worksheet shall be noted in a Supplemental Project Worksheet for the project. If otherwise allowed under this Agreement, any extension shall be in writin~ and shall be subject to the same terms and conditions as those set out in the initial A~reement. ARTICLE XVI. Time for Performance. Time shall be of the essence, of this A~reement and of the performance of all conditions under it. Subject to any modification extendin~ the time for the · performance of this Agreement approved by Grantee or by the Federal Emergency. Management Agency, the time for the performance of emergency work shall be six (6) months from the date of the Presidential Declaration. The time for the performance of permanent work shall be eighteen (18) months from the date of the P~¢ 13 13 ATTACHMENT NO. / ~PAGE _ /3 OF Presidential Declaration. For Large Projects the Summary of Documentation and the supporting documents identified in Article VI of this Agreement shall be submitted to the Grantee not later than sixty (60) days after the date of the last modification extending the Agreement. Subgrantee shall submit the completed Project Listing to Grantee not later than thirty (30) days from the completion of'all work, or the approval of the Final Inspection by the Federal Emergency Management Agency, whichever is later. The time for the performance of this.Agreement may be extended for cause by Grantee. If any extension request is denied, Subgrantee shall be reimbursed for eligible project costs incurred up to the latest approved date for completion. Failure to complete any project will be adequate cause for the termination of funding for that project. ARTICLE XVII. Contracts With Others. If the Subgrantee contracts with any other contractor or vendor for performance of all or any portion of the work required under this Agreement, the Subgrantee shall incorporate into its contract with such contractor or vendor an indemnification clause holding Grantee and Subgrantee harmless from liability to third parties for claims asserted under such contract. ARTICLE XVIII. Termination. Either of the parties may terminate this Agreement by notice in writing delivered to the address specified in Article XXIII of this Agreement. Such termination shall take effect thirty (30) days after the date of such notice. Such termination shall not affect the rights, P~g¢ 14 14 ATTACHMENT NO. / interests, duties or responsibilities of either of the parties or any allowable costs that have accrued as of the date of the notice of termination. ARTICLE XIX. Liability. A. Grantee assumes no liability to third parties in connection with this Agreement. Unless the Subgrantee is.a governmental entity covered by § 768.28(5), Fla. Stat. (2001), the Subgrantee shall be solely responsible to any and all contractors, vendors, and other parties with whom it contracts in performing this Agreement. Unless the Subgrantee is a governmental entity within the meaning of the preceding sentence, Subgrantee shall indemnify Grantee form claims asserted by to third parties in connection with the performance of this Agreement, holding Grantee and Subgrantee harmless from the same. B. For the purpose of this Agreement, the Grantee and Subgrantee agree that neither one is an employee or agent of the other, and that each one stands as an independent contractor in relation to the other. C. Nothing in this Agreement shall be construed as a waiver by Grantee or Subgrantee of any legal immunity, nor shall anything in this Agreement be construed as a consent by either of the parties to be sued by third parties in connection with any matter arising from the performance of this Agreement. D. Subgrant~e represents that to the best of its knowledge any kazardous substances at its project site or sites are present in quantities within statutory and regulatory limitations, and do P~.~¢ 15 15 JATTACHMENT~NO. JPAGE / ~ OF not require remedial action under any federal, state or local legal requirements concerning such substances. Subgrantee further represents that the presence of any such substance or any condition at the site caused by the presence of any such substance shall be addressed in accordance with all applicable legal requirements. ARTICLE XX. Reports. Subgrantee shall provide Quarterly Reports to Grante~, on the Quarterly Report Form conforming to the sample attached as Attachment C. The first Quarterly Report shall be due at such time as Subgrantee is notified. All subsequent Quarterly Reports shall be due not later than thirty (30) days after each calendar quarter through final inspection. Quarterly Reports shall indicate the anticipated completion date for each project, together with any other circumstances that may affect the completion date, the scope of work, the project costs, or any other factors that may affect compliance with this Agreement. Interim inspections shall be scheduled by Subgrantee before the final inspection, and may be required by Grantee based on information supplied in the Quarterly Reports. Grantee may require additional reports as needed, and Subgrantee shall provide any additional reports requested by Grantee as soon as practicable.- With respect to the Request for Advance or Reimbursement, the Summary of Documentation, and the Quarterly Reports, the contact for Grantee will be the State Public Assistance Officer. ARTICLE XXI. Standard Conditions. Subgrantee agrees to the P~g¢ 16 following conditions: A. The performance and obligation of Grantee to pay under this Agreement is contingent upon an annual appropriation by the Legislature and the disbursement to Grantee of federal funding in accordance with ~ 252.37(4), Fla. Stat. (2001). B. Bills for fees or other compensation for services or expenses must be submitted in detail sufficient for a proper pre- audit and post-audit. C. Grantee may terminate this Agreement for refusal by the Subgrantee and its contractors and subcontractors to allow public inspection of any records subject to the disclosure requirements in § 119.07(1), Fla. Stat. (2001), that are made or received by Subgrantee or its contractors and subcontractors in connection with this Agreement. Substantial evidence of noncompliance by Subgrantee or its contractors and subcontractors with these requirements shall constitute the nonperformance of a condition under this Agreement, and shall be adequate cause for termination. D. Subgrantee agrees that no funds disbursed to it under this Agreement will be used for the purpose of lobbying the Legislature or any of its members, any employee of the State of Florida, any member of Congress, any officer or employee of Congress, or any employee of a Member of Congress, in connection with this Agreement or any modifications to this Agreement. E. Subgrantee certifies with respect to this Agreement that it possesses the ~egal authority to receive the funds. F. Subgrantee agrees that responsibility for compliance with Pm* ~7 17 this Agreement rests with the Subgrantee, and further agrees that noncompliance with this Agreement shall be adequate cause for the recission, suspension or termination of funding under this Agreement, and may affect its eligibility for funding under future Subgrantee Agreements. ARTICLE XXII. Term. This Agreement shall take effect upon its execution by both parties, and shall terminate upon the approval of closeout by the Federal Emergency Management Agency, unless terminated~ earlier as specified elsewhere in this Agreement. subgrantee shall commence the project(s) specified by this Agreement without delay. ARTICLE XXIII. Notice and Contact~. All notices under this Agreement shall be in writing and shall be delivered by InterNet, by telefacsimile, by hand, or by certified letter to the following respective addresses. FOR THE GRANTEE: FOR THE SUBGRANTEE: W. Craig Fugate, Director Division of Emergency Management Department of Community Affairs 2555 Shumard Oak Blvd Tallahassee, Florida 32399-2100 ARTICLE XXIV. designates designates Desiqnation of Agent. Subgrantee hereby as its primary agent, and as its alternate agent, to execute any Request for Advance or Reimbursement, certification, or other necessary documentation- ARTICLE XXV.. Events of Default Remedies and Termination. A. Upon the occurrence of any one or more of the following Page 18 18 A'[TACHN1ENT NO. / PAGE_ /~--~-__ OF ~'2.~ events, all obligations of Grantee to disburse further funds under this Agreement shall terminate at the option of Grantee~ Notwithstanding the preceding sentence, Grantee may at its option continue to make Payments or portions of payments after the occurrence of any one or more such events without waiving the right to exercise such remedies and without incurring liability for further payment. Grantee may at its option terminate this Agreement and any and all funding under this Agreement upon the occurrence of any one or more of the following: 1. Any representation by Subgrantee in this Agreement is inaccurate or incomplete in any material respect, or Subgrantee has breached any condition of this Agreement or any previous agreement with Grantee and has not cured in timely fashion, or is unable or unwilling to meet its obligations under this Agreement. 2. Subgrantee suffers any material adverse change in its financial condition while this Agreement is in effect, as compared to its financial condition as represented in any reports or other documents submitted to Grantee, if Subgrantee has not cured the condition within thirty (30) days after notice in writing from Grantee; 3. Any reports required by this Agreement have not been submitted to Grantee or have been submitted with inaccurate, incomplete, or inadequate information; or 4. The monies necessary to fund this Agreement are unavailable due to any failure to appropriate or other action or inaction by Congress or the Legislature, or due to any action of 'TACHMENT NO. ?AGE /? OF 2-3, the Office of the Comptroller or the Office of Management and Budget. B. Upon the occurrence of any one or more of the following events, Grantee may at its option give notice in writing to Subgrantee to cure its failure of performance if such failure may be cured. Upon the failure of Subgrantee to cure, Grantee may exercise any one or more of the following remedies: 1. Terminate this Agreement upon not less than fifteen (15) days notice of such termination by certified letter to the Subgrantee at the address specified in Article XXIII of this Agreement, such notice to take effect when delivered to Subgrantee; 2. Commence a legal action for the judicial enforcement of this Agreement; 3. Withhold the disbursement of any payment or any portion of a payment otherwise due and payable under this Agreement or any other Agreement with Subgrantee; and 4. Take any other remedial actions which may otherwise be available under law. C. Grantee may terminate this Agreement for any misrepresentation of any material fact, for the failure or nonperformance of any condition or obligation under this Agreement, or for noncompliance with any applicable legal requirement. D. Rescission, suspension or termination of this Agreement shall constitute final action by the Grantee within the meaning of Page 20 20 ATTACHMENT NO. / PAGE "~ OF the Administrative Procedure Act, as amended. Notwithstanding the preceding sentence, any deobligation of funds or other determination by the Federal Emergency Management Agency shall be addressed in accordance with the regulations of that Agency. E. Upon the rescission, suspension or termination of this Agreement, the Subgrantee shall refund to Grantee all funds disbursed to Subgrantee under this Agreement. F. The venue of any action or proceeding by either Grantee or Subgrantee for the enforcement of this Agreement or for an adjudication of the rights, interests, or duties of the parties to it shall lie in Leon county, state of Florida. G. Notwithstanding anything to the contrary elsewhere in this Agreement, the rescission, suspension or termination of this Agreement by Grantee shall not relieve Subgrantee of liability to Grantee for the restitution of funds advanced to Subgrantee under this Agreement, and Grantee may set off any such funds by withholding future disbursements otherwise due Subgrantee under this Agreement or any other Agreement until such time as the exact amount of restitution due Grantee from Subgrantee is determined. In the event the Federal Emergency Management Agency should deobligate funds formerly allowed under this Agreement or under any other Agreement funded by the Agency and administered by Grantee, then Subgrantee shall immediately repay such funds to Grantee. If the Subgrantee fails to repay any such funds, then Grantee may recover the same from funding otherwise due Subgrantee in accordance with this Article. Page 21 21 i'" ~,.,H,'vh.N1 NO. ARTICLE XXVI. Attachments. A. Ail attachments to this Agreement are incorporated into this Agreement by reference as if set out fully in the text of the Agreement itself. B. In the event of any inconsistencies between the language of this Agreement and the Attachments to it, the language of the Attachments shall~be controlling, but only to the extent of such inconsistencies. C. This Agreement has the following attachments: 1. Attachment A "Request for Advance or Reimbursement" 2. Attachment B "Summary of Documentation" 3. Attachment C "Quarterly Report Schedule and Instructions" Page 22 22 ~"1399~DR-FL '~: ...... ATTACH[4ENT / NO. PAGE 7~z~ _ OF t's I ~ ~ this IN WITNESS HEREOF, Agreement: the FOR THE GRANTEE: DEPARTMENT OF COMMUNITY AFFAIRS, State of Florida, By: W. Craig Fugate W. Craig Fugate, Director Division of Emergency Management Grantee and Subgrantee have executed FOR THE SUBGRANTEE,:. Collier County Government (Subgrantee) (Name) (Signature) Chairman, Board of County Commissioners (Title) (Date) Public Assistance Program Program Description ~ · 02_RM-'2-09-21-01-013 Conmact Number (Date) Federal Employer ID No. Page 23 23 F !~TTA&HM~NT NO. / PAGE 2~, OF >~ FEMA- 1393 -DR-FL EXECUTIVE SUMMARY ADOPT A RESOLUTION APPROVING THE SATISFACTION OF LIENS FOR SOLID WASTE RESIDENTIAL ACCOUNTS WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND SAID LIENS ARE SATISFIED IN FULL FOR THE 1991 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS. FISCAL IMPACT IS $34.50 RECORD THE LIENS. OBJECTIVE: Adopt a Resolution approving the Satisfaction of Liens for residential accounts where the County has received payment in full for the 1991 Solid Waste Collection Services Special Assessments. CONSIDERATIONS: Resolution No. 93-29 adopted by the Board on January 26, 1993 provided for the recording of the list of 1991 delinquent solid waste collection and disposal services special assessments and a mailing of a written notice of the imposition of each residential unit lien. Resolution No. 93-29 was recorded on February 1, 1993 in Official Record Book 1793, Pages 459 through 598 of the Official Records of Collier County, Florida, which placed a lien on certain residential properties for the 1991 Solid Waste Collection Services Special Assessments. Collier County Ordinance No. 90-30, as amended, provides that Satisfaction of Liens shall be approved by Resolution. The attached Resolution lists the 4 accounts that have paid in full for the 1991 Solid Waste Collection Services Special Assessment Liens. FISCAL IMPACT: The fiscal impact for recording the Satisfaction of Liens and the Resolution is approximately $34.50, which is to be charged to Mandatory Trash Collection Fund (473). GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with these items. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolution approving the 4 Satisfaction of Liens for the accounts listed in the Resolution and authorizing the Chairman to sign these 4 Satisfaction of Liens for the 1991 Solid Waste Collection Services Special Assessment Liens. AGENDA ITEM No._. ! FEB 2 6 zuu~ Pg.__ ~. ......... Prepared by: Reviewed by: Reviewed by: Approved by: Pam Callis, Revenue Supervisor Utility Billing and Customer Service Te'~'sa ,~,. Ri~sen, Revenue Manager Utility Billing and CustomeES0, rvice John A{' Y~nkosky, D~,ector/~'" Utility ~ and Cu'~'~'ome'r Service Tom Wides, Interim Administrator Public Utilities Division Date: ~2 ---/..z --- ~-- Date: Date: NO.. FE 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 1 2 3 RESOLUTION NO. 2002 - A RESOLUTION APPROVING SATISFACTION OF LIENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1991 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS 8 9 WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the Board ]0 of County Commissioners on January 26, 1993 adopted Resolution No. 93-29 authorizing ]] the recording of notices of liens for the delinquent solid waste collection and disposal ]2 services special assessments for 1991; and ]3 WHEREAS, Resolution No. 93-29, was recorded on February 1, 1993 in Official ]4 Record Book 1793, Pages 459 through 598 of the Official Records of Collier County, 15 Florida, which placed a lien on certain properties for the delinquent solid waste collection ]6 and disposal services special assessments for 1991; and 17 WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board to 18 approve by Resolution and record in the Official Records a Satisfaction of Liens on all ]9 accounts that have been paid in full. 2o NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 2~ COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance No. 90-30, as amended, the Board recognizes full payment and receipt of the 1991 Service Year Solid Waste Collection and Disposal Special Assessments for the following accounts numbered below, subsequent to the adoption of Resolution No. 93-29. whereupon a lien had been recorded on real property pertaining to the accounts identified herein. The Satisfactions of Lien attached hereto referencing the accounts identified herein are hereby approved and the Chairman is hereby authorized to sign on behalf of the Board of County Commissioners, and the Clerk is directed to record this Resolution and these Satisfactions of Lien individually in the official records of Collier County: Account No. 4103 Account No. 4750 Account No. 28202 Account No. 59501 This Resolution adopted this __ second and majority vote day of ,2002, after motion, 46 47 48 ATTEST: DWIGHT E. BROCK, CLERK 5 6 7 8 9 Approved as to form and BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: JAMES N. COLETTA, CHAIRMAN EXECUTIVE SUMMARY ADOPT A RESOLUTION APPROVING THE SATISFACTION OF LIENS FOR SOLID WASTE RESIDENTIAL ACCOUNTS WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND SAID LIENS ARE SATISFIED IN FULL FOR THE 1992 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS. FISCAL IMPACT IS $70.50 TO RECORD THE LIENS. OBJECTIVE: Adopt a Resolution approving the Satisfaction of Liens for residential accounts where the County has received payment in full for the 1992 Solid Waste Collection Services Special Assessments. CONSIDERATIONS: Resolution No. 94-668 adopted by the Board on September 13, 1994 provided for the recording of the list of 1992 delinquent solid waste collection and disposal services special assessments and a mailing of a written notice of the imposition of each residential unit lien. Resolution No. 94-668 was recorded on September 19, 1994 in Official Record Book 1986, Pages 766 through 942 of the Official Records of Collier County, Florida, which placed a lien on certain residential properties for the 1992 Solid Waste Collection Services Special Assessments. Collier County Ordinance No. 90-30, as amended, provides that Satisfaction of Liens shall be approved by Resolution. The attached Resolution lists the 10 accounts that have been paid in full for the 1992 Solid Waste Collection Services Special Assessment Liens. FISCAL IMPACT: The fiscal impact for recording the Satisfaction of Liens and the Resolution is approximately $70.50, which is to be charged to Mandatory Trash Collection Fund (473). GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with these items. RECOMMENDATION: That the Board of County'Commissioners adopt the attached Resolution approving the 10 Satisfaction of Liens on the account listed in the Resolut!on and authorizing the Chairman to sign these 10 Satisfaction of Liens for the 1992 Solid Waste Collection Services Special Assessment Liens. AGENDA-ITEM r o.. c FEB 2 6 zuu Pg._ Prepared by.'<'~'~ ¢,,,,-,~ Pam Callis~venue Supervisor Utility Bill~ and Customer Service Teresa A. Riesen, Revenue Manager Reviewed by'~ ' J~(~ i .~ i i i~n°; ka°nSd~oemCt~c e Tom Wides, Interim Administrator Public Utilities Division Date: Date: Date: Date: .z/¢.~/~ ~ RESOLUTION NO. 2002 - A RESOLUTION APPROVING SATISFACTION OF LIENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1992 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS l0 WHEREAS, pursuant to Collier County Ordinance NO. 90-30, as amended, the ]1 Board of County Commissioners on September 19, 1994 adopted Resolution No. 12 94-668 authorizing the recording of notices of liens for the delinquent solid waste 13 collection and disposal services special assessments for 1992; and 14 WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board 15 to approve by Resolution and record in the Official Records a Satisfaction of Lien on 16 all accounts that have been paid in full. i? NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ]8 COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance No. 90-30, as 19 amended, the Board recognizes full payment and receipt of the 1992 Service Year 20 Solid Waste Collection and Disposal Special Assessment for the following accounts 2] numbered below, subsequent to the adoption of Resolution No. 94-668, whereupon 22 a lien had been recorded on real property pertaining to the accounts identified 23 herein. The Satisfactions of Lien attached hereto referencing the accounts 24 identified herein are hereby approved and the Chairman is hereby authorized to 25 sign on behalf of the Board of County Commissioners, and the Clerk is directed to 26 record this Resolution and these Satisfactions of Lien individually in the official ?? records of Collier County: 28 29 30 Account NO. 6004 31 Account No. 6554 32 Account No. 8701 33 Account NO. 20352 34 Account No. 36304 35 Account NO. 40358 36 Account NO. 89005 3? Account NO. 95206 38 Account No. 112901 39 Account No. 121905 40 41 42 43 45 A~I'EST: 46 DWIGHT E. BROCK, CLERK 47 48 49 5O 51 Approved as to form and This Resolution adopted this second and majority vote. David C. We,'get 56 County Attorney day of ,2002, after mo[ion, BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: JAMES N. COLETTA, CHAIRMAN EXECUTIVE SUMMARY ADOPT A RESOLUTION APPROVING THE SATISFACTION OF LIENS FOR SOLID WASTE RESIDENTIAL ACCOUNTS WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND SAID LIENS ARE SATISFIED IN FULL FOR THE 1993 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS. FISCAL IMPACT IS $58.50 TO RECORD THE LIENS. OBJECTIVE: Adopt a Resolution approving the Satisfaction of Liens for residential accounts where the County has received payment in full for the 1993 Solid Waste Collection Services Special Assessments. CONSIDERATIONS: Resolution No. 94-694 adopted by the Board on September 20, 1994 provided for the recording of the list of 1993 delinquent solid waste collection and disposal services special assessments and a mailing of a written notice of the imposition of each residential unit lien. Resolution No. 94-694 was recorded on September 22, 1994 in Official Record Book 1987, Pages 1514 through 1749 of the Official Records of Collier County, Florida, which placed a lien on certain residential properties for the 1993 Solid Waste Collection Services Special Assessments. Collier County Ordinance No. 90-30, as amended, provides that Satisfaction of Liens shall be approved by Resolution. The attached Resolution lists the 8 accounts that have been paid in full for the 1993 Solid Waste Collection Services Special Assessment Liens. FISCAL IMPACT: The fiscal impact for recording the Satisfaction of Liens and the Resolution is approximately $58.50, which is to be charged to Mandatory Trash Collection Fund (473). GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with these items. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolution approving the 8 Satisfaction of Liens for the accounts listed in the Resolution and authorizing the Chairman to sign the 8 Satisfaction of Liens for the 1993 Solid Waste Collection Services Special Assessment Liens. AGENDA iTEM.... No. / oc FEB 2 6 ZOUZ Date: Date: ,.2--/.~ ~.).~ Prepared by: Pam Callis, Revenue Supervisor Utility Bjlting and Customer Service Reviewed by: ~./~"~~A ~' ~. ~ ieresa . hqesen, Revenue ger Utility Billing and Customer Service Reviewed by: k'~. ~~'~, ~ .~N~%-~--t." '¥-.-. Joh¢ ~. YonkoskyT,,~"~ctor ~') Utility._Bjlling and Cus(o'mer Service~/ Approved by: '""-,,"~',~ /--~------'~ Tom Wides, Interim Administrator Public Utilities Division Date: Date: AGENDA ITeM ~ NO. /(. ~ -~'~ FEB 2 6 20O2 25 26 27 28 29 ~0 31 32 33 34 35 36 37 38 39 40 41 42 43 46 RESOLUTION NO. 2002- A RESOLUTION APPROVING SATISFACTION OF LIENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1993 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS 8 9 WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the Board t0 of County Commissioners on September 20, 1994 adopted Resolution No. 94-694 il authorizing the recording of notices of liens for the delinquent solid waste collection and 12 disposal services special assessments for 1993; and 13 WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board to I4 approve by Resolution and record in the Official Records a Satisfaction of Lien on all l_5 accounts that have been paid in full. i6 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY t? COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County 18 Ordinance No. 90-30, as amended, the Board recognizes full payment and receipt of the 19 1993 Service Year Solid Waste Collection and Disposal Special Assessment for the 20 following accounts numbered below, subsequent to the adoption of Resolution No. 94-694, 2I whereupon a lien had been recorded on real property pertaining to the accounts identified '~2%. herein. The Satisfactions of Lien attached hereto referencing the accounts identified herein are hereby approved and the Chairman is hereby authorized to sign on behalf of the 24 Board of County Commissioners, and the Clerk is directed to record this Resolution and these Satisfactions of Lien individually in the official records of Collier County: Account No. 1164 Account No. 5092 Account No. 7278 Account No. 8196 Account No. 17718 Account No. 17734 Account No. 22538 Account No. 28561 This Resolution adopted this __ second and majority vote. day of , 2002, after motion, 50 51 FEB 2 6 2002 PG. ~ ATTEST: DWIGHT E. BROCK, CLERK 8 9 I0 11 Approved as to form and 12 leg~eien-~ 1.5 ~/&vid C. Wc(g~l 16~ County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: JAMES N. COLETTA, CHAIRMAN EXECUTIVE SUMMARY ADOPT A RESOLUTION APPROVING THE SATISFACTION OF LIENS FOR SOLID WASTE RESIDENTIAL ACCOUNTS WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND SAID LIENS ARE SATISFIED IN FULL FOR THE 1994 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS. FISCAL IMPACT IS $82.50 TO RECORD THE LIENS. OBJECTIVE: Adopt a Resolution approving the Satisfaction of Liens for residential accounts where the County has received payment in full for the 1994 Solid Waste Collection Services Special Assessments. CONSIDERATIONS: Resolution No. 95-475 adopted by the Board on August 22, 1995 provided for the recording of the list of 1994 delinquent solid waste collection and disposal services special assessments and a mailing of a written notice of the imposition of each residential unit lien. Resolution No. 95-475 was recorded on September 14, 1995 in Official Record Book 2099, Pages 1338 through 1574 of the Official Records of Collier County, Florida, which placed a lien on certain residential properties for the 1994 Solid Waste Collection Services Special Assessments. Collier County Ordinance No. 90-30, as amended, provides that Satisfaction of Liens shall be approved by Resolution. The attached Resolution lists the 12 accounts that have been paid in full for the 1994 Solid Waste Collection Services Special Assessment Lien. FISCAL IMPACT: The fiscal impact for recording the Satisfactions of Liens and the Resolution is approximately $82.50, which is to be charged to Mandatory Trash Collection Fund (473). GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with these items. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolution approving the 12 Satisfaction of Liens for the accounts listed in the Resolution and authorizing the Chairman to sign the 12 Satisfaction of Liens for the 1994 Solid Waste Collection Services Special Assessment Liens. AGENDA ITEM. , FEB 2 6 zuuz Pg.___.l/ __ Prepared by: Reviewed by: Reviewed by: Approved by: Pam Callis, Revenue Supervisor Utility Bill. irrg and Customer Service Teresa A. Riesen, Revenue Manager Utility Billing and Customer Service J6h-n~A. YonkQ~_ _,"~Director ~ U~lity) Bi~lling and Custoj33er~ervice Date: Date: Date: Date: Tom Wides, Interim Administrator Public Utilities Division NO. /(, FEB 2 6 2002 23 24 25 26 27 28 29 30 3[ 32 33 34 35 36 37 38 39 4O 41 42 43 44 ! RESOLUTION NO. 2002- 2 3 A RESOLUTION APPROVING SATISFACTION OF LIENS ~ FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1994 SOLID WASTE COLLECTION AND DISPOSAL SERVICES ~ SPECIAL ASSESSMENTS. 7 WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the Board 8 of County Commissioners on August 22, 1995 adopted Resolution No. 95-475 authorizing 9 the recording of notices of liens for the delinquent solid waste collection and disposal lo services special assessments for 1994; and 11 WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board to 12 approve by Resolution and record in the Official Records a Satisfaction of Lien on all 13 accounts that have been paid in full. 14 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 15 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County 16 Ordinance No. 90-30, as amended, the Board recognizes full payment and receipt of the 17 1994 Service Year Solid Waste Collection and Disposal Special Assessment for the ~8 following accounts numbered below, subsequent to the adoption of Resolution No. 95-475, 19 whereupon a lien had been recorded on real property pertaining to the accounts identified *_o herein. The Satisfactions of Lien attached hereto referencing the accounts identified herein .~.~. are hereby approved and the Chairman is hereby authorized to sign on behalf of the Board of County Commissioners, and the Clerk is directed to record this Resolution and these Satisfactions of Lien individually in the official records of Collier County: Account No. 916 Account No. 1009 Account No. 1410 Account No. 3023 Account No. 3120 Account No. 4213 Account No. 5995 Account No. 6703 Account No. 7883 Account No. 16683 Account No. 21241 Account No. 28037 This Resolution adopted this motion, second and majority vote. day of 2002, after AO£.DA ilE~ NO. /~C.. ~ FEB 2 6 2002 PG. --~ ATTEST: DWIGHT E. BROCK, CLERK 5 6 7 8 Approved as to form and 10 - !tM I~avid C. V~'ei'gel County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: JAMES N. COLETTA, CHAIRMAN ~o. /~ ¢ FEB ~6Z032 ~ EXECUTIVE SUMMARY ADOPT A RESOLUTION APPROVING THE SATISFACTION OF LIENS FOR SOLID WASTE RESIDENTIAL ACCOUNTS WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND SAID LIENS ARE SATISFIED IN FULL FOR THE 1995 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS, FISCAL IMPACT IS $184.50 TO RECORD THE LIENS, OBJECTIVE: Adopt a Resolution approving the Satisfaction of Liens for residential accounts where the County has received payment in full for the 1995 Solid Waste Collection Services Special Assessments. CONSIDERATIONS: Resolution No. 2000-236 adopted by the Board on August 1, 2000 provided for the recording of the list of 1995 delinquent solid waste collection and disposal services special assessments and a mailing of a written notice of the imposition of each residential unit lien. Resolution No. 2000-236 was recorded on August 8, 2000 in Official Record Book 2707, Pages 3195 through 3273 of the Official Records of Collier County, Florida, which placed a lien on certain residential properties for the 1995 Solid Waste Collection Services Special Assessments. Collier County Ordinance No. 90-30, as amended, provides that Satisfaction of Liens shall be approved by Resolution. The attached Resolution lists the 29 accounts that have been paid in full for the 1995 Solid Waste Collection Services Special Assessment Lien. FISCAL IMPACT: The fiscal Resolution is approximately Collection Fund (473). impact for recording the Satisfactions of Liens and the $184.50, which is to be charged to Mandatory Trash GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with these items. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolution approving the 29 Satisfaction of Liens for the accounts listed in the Resolution and authorizing the Chairman to sign the 29 Satisfaction of Liens for the 1995 Solid Waste Collection Services Special Assessment Liens. AGENDA ITEM_.._ No. '.% FEB 2 6 2002 P~. Prepared by: Reviewed by: Reviewed by: Approved by: Pam Callis, Revenue Supervisor Utility Billing and Customer Service Te~e/sa ~,~ ~iesen, Revenue Manager Utility Billing and Customer Service Johq,A.~Y~)~k0sky, Di-re"ct~ r ..~ Utilit~.~il~ng and Cus o-~-~r Servicce Tom Wides, Interim Administrator Public Utilities Division Date: Date: Date: Date: AGENDA ITEM NO. /C ~-. ~ FEB 2 6 2002 PG. ~ 7 8 9 I0 11 12 13 14 15 16 17 18 19 2O 21 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 RESOLUTION NO. 2002- A RESOLUTION APPROVING SATISFACTION OF LIENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1995 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the Board of County Commissioners on August 1, 2000 adopted Resolution No. 2000-236 authorizing the recording of notices of liens for the delinquent solid waste collection and disposal services special assessments for 1995; and WHEREAS, Resolution No. 2000-236, was recorded on August 8, 2000 in Official Record Book 2707, Pages 3195 through 3273 Of the Official Records of Collier County, Florida, which placed a lien on certain properties for the delinquent solid waste collection and disposal services special assessments for 1995; and WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board to approve by Resolution and record in the Official Records a Satisfaction of Liens on all accounts that have been paid in full. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance 90-30, as amended the Board recognizes full payment and receipt of the 1995 Service Year Solid Waste Collection and Disposal Special Assessments for the following accounts numbered below, subsequent to the adoption of Resolution No. 2000-236, whereupon a lien had been recorded on real property pertaining to the accounts identified herein. The Satisfactions of Lien attached hereto referencing the accounts identified herein are hereby approved and the Chairman is hereby authorized to sign on behalf of the Board of County Commissioners, and the Clerk is directed to record this Resolution and these Satisfactions of Lien individually in the official records of Collier County: Account No. 479 Account No. 589 Account No. 754 Account No. 1177 Account No. 1261 Account No. 1290 Account No. 3298 Account No. 3353 Account No. 4750 Account No. 6172 Account No. 6460 Account No. 7333 Account No. 7935 AG£NDA N0. /CC FEB 2 6 20O2 1 2 3 4 5 6 7 9 1o 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Account No. 12548 Account No. 12564 Account No. 13589 Account No. 13958 Account No. 14630 Account No. 16078 Account No. 17815 Account No. 18416 Account No. 19156 Account No. 19185 Account No. 22525 Account No. 24002 Account No. 25153 Account No. 25742 Account No. 26725 Account No. 29230 This Resolution adopted this motion, second and majority vote. DATED: ATTEST: DWIGHT E. BROCK, CLERK 31 32 33 34 Approved as to form and 156 I~y: 384~"~qD~avid C. 39v County Attorney day of 2002 after BOARD OF COMMISSIONERS COLLIER COUNTY, FLORIDA BY: JAMES N. COLETq-A, CHAIRMAN AG£~DA IT£M~ FEB 2 6 2002 PG. EXECUTIVE SUMMARY ADOPT A RESOLUTION APPROVING THE SATISFACTION OF LIENS FOR SOLID WASTE RESIDENTIAL ACCOUNTS WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND SAID LIENS ARE SATISFIED IN FULL FOR THE 1996 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS. FISCAL IMPACT IS $226.50 TO RECORD THE LIENS. OBJECTIVE: Adopt a Resolution approving the Satisfaction of Liens for residential accounts where the County has received payment in full for the 1996 Solid Waste Collection Services Special Assessments. CONSIDERATIONS: Resolution No. 2000-237 adopted by the Board on August 8, 2000 provided for the recording of the list of 1996 delinquent solid waste collection and disposal services special assessments and a mailing of a written notice of the imposition of each residential unit lien. Resolution No. 2000-237 was recorded on August 8, 2000 in Official Record Book 2708, Pages 0199 through 0309 of the Official Records of Collier County, Florida, which placed a lien on certain residential properties for the 1996 Solid Waste Collection Services Special Assessments. Collier County Ordinance No. 90-30, as amended, provides that Satisfaction of Liens shall be approved by Resolution. The attached Resolution lists the 36 accounts that have been paid in full for the 1996 Solid Waste Collection Services Special Assessment Lien. FISCAL IMPACT: The fiscal impact for recording the Satisfactions Resolution is approximately $226.50, which is to be charged to Collection Fund (473). of Liens and the Mandatory Trash GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with these items. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolution approving the 36 Satisfaction of Liens for the accounts listed in the Resolution and authorizing the Chairman to sign the 36 Satisfaction of Liens for the 1996 Solid Waste Collection Services Special Assessment Liens. AGENDA ITEM No. /~'~' FEB 2 6 ZUUZ Pa. / Pam Callis, Revenue Supervisor Utility B~ and././Customer Se. rvice Reviewed by: Teres;~ A. Riesen, Revenue Manager Utility Billing and Customer Service Reviewed Jol~Cf%A. Yonkosky;-l~ector Utility..E~illing and (~,ustomer S~ervi~e Approved by: "~",~ ~--?'~ ' Tom Wides, Interim Administrator Public Utilities Division Date: Date: Date: "?--/\~)1C%-'I Date: ;z_///¢ ~._ RESOLUTION NO. 2002- A RESOLUTION APPROVING SATISFACTION OF LIENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1996 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the Board of County Commissioners on August 1, 2000 adopted Resolution No. 2000-237 authorizing the recording of notices of liens for the delinquent solid waste collection and disposal services special assessments for 1996; and 13 WHEREAS, Resolution No. 2000-237, was recorded on August 8, 2000 in 14 Official Record Book 2708, Pages 0199 through 0309 of the Official Records of Collier County, Florida, which placed a lien on certain properties for the delinquent solid waste collection and disposal services special assessments for 1996; and 1S WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board to approve by Resolution and record in Official Records a Satisfaction ~... 30 of Liens on all accounts that have been paid in full. 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance No. 90-30, as amended the Board recognizes full payment and receipt of the 1996 Service Year Solid Waste Collection and Disposal Special Assessments for the following account numbered below, subsequent to the adoption of Resolution No. 2000-237, whereupon a lien had been recorded on real property pertaining to the accounts identified herein. The Satisfactions of Lien attached hereto referencing the accounts identified herein are hereby approved and the Chairman is hereby authorized to sign on behalf of the Board of County Commissioners, and the Clerk is directed to record this Resolution and these Satisfactions of Lien individually in the official records of Collier County: Account No. 453 Account No. 1070 Account No. 1533 Account No. 1850 Account No. 3340 Account No. 3463 Account No. 3942 Account No. 4640 Account No. 6554 Account No. 6813 Account No. 7786 Account No. 9072 Account No. 9412 Account No. 13945 2 Account No. 14795 Account No. 15066 4 Account No. 15419 Account No. 15749 6 Account No. 16230 ? Account No. 17792 $ Account No. 19606 9 Account No. 20048 to Account No. 20145 Account No. 20556 Account No. 21050 Account No. 24303 Account No. 24853 15 Account No. 25399 Account No. 25564 t? Account No. 26547 ts Account No. 27313 Account No. 27410 2o Account No. 27614 Account No. 28228 22 Account No. 28888 Account No. 29227 *_4 26 25 29 3o DATED: 3 ~ A'FI-EST: 32 DWIGHT E. BROCK, CLERK 34 This Resolution adopted after this motion, second and majority vote. 35 36 37 Approved as to form and 3s Legal su4r:fic/~cy: .39 //, ./t./~ 5 42 ~' County Attorney day of *00~ a~er BOARD OF COL.,~TY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: JAMES N. COLETTA, CHAIRMAN NO. /(, C.. FEB 2 PG. Z.~ EXECUTIVE SUMMARY APPROVE THE SATISFACTION OF LIEN DOCUMENTS FILED AGAINST REAL PROPERTY FOR ABATEMENT OF NUISANCE AND DIRECT THE CLERK OF COURTS TO RECORD SAME IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. FISCAL IMPACT IS $78.00 TO RECORD THE LIENS. OBJECTIVE: Approve the satisfaction of lien documents filed against real property for abatement of nuisance and direct the Clerk of Courts to record same in the public records of Collier County, Florida. CONSIDERATION: Authorize the filing of satisfaction of Liens, for previously recorded liens that have subsequently been paid. SEE ATTACHED EXHIBIT "A" Said Liens were recorded in Official Record Book of the Public Records of Collier County, Florida. The owners of said properties have paid to the Board of County Commissioners sums representing full payment of principal and interest due. Collier County has verified that said Liens have been satisfied and now requests Satisfaction of Lien documents and order the Clerk of Courts to record same in the public Records of Collier County, Florida. FISCAL IMPACT: Recording the Satisfaction of Liens is approximately $78.00 and will be charged to MSTD General Fund (111)- Code Enforcement Admin. GROVVTH MANAGEMENT IMPACT: There is no Growth Management impact associated with these items. RECOMMENDATION: That the Board of County Commissioners authorize the Chairman to execute the attached Satisfaction of Lien documents filed against real property for abatement of nuisance and direct the Clerk of Courts to record same in the Public Records of Collier County, Florida. AG£ N2, A .'TrM N0._j~. ~ "'"1 FEB 2 6 2002 PG. Prepared by: Pam Callis, Revenue SuperV~'sor Utility Billing and Customer Service Reviewedby: /./~d, ~1,. ~-~J~¢¢- j Tere§~ A. Riesen, Revenue Manager Utility Billing and Custo~m. er Service Reviewed ~1 ~ . onkos~,~ Pirecto?_..~ Ufil~t~ Bil~n~'CustomeT Service Tom Wides, Interim Administrator Approved by: Public Utilities Division Date: AG[NDA ITEM ~o..,,/c FEB 2 6 2002 EXHIBIT "A" o Curtis W. Anderson Sr. & Cheryl Anderson, Folio #00099640002, The East half of the Northwest quarter of the Southwest quarter of the Northeast quarter of Section 24, Toxvnship 47 South, Range 27 East, less the South 30 feet thereof, reserved for road purposes, said land situated, lying and being in Collier County, Florida. Philip Carlton Jr., Folio #64920080007, Palm Estates N 82 Ft. of S 118 Ft of Lot 2, N 85 Ft of S 110 Ft of Lot 7 or 405 PG 505, S 15 Ft of Lot 10 or 405 Pg 505, Lot II or 405 PG 505, Lot 14 or 405 Pg 505. J. B. Gadsden, Jr & Althea Gadsden, Folio #00135440001, Commencing at the NW Corner of the NW Corner of the E ½ of the NE ¼ of the SW ¼ of the NE ¼ of Section 9, Township 47 S, Range 29 E, Collier County, Florida; thence Southerly along the Wboundary of the E ½ oftheNE 'A of the SW ¼ of the NE ~A a distance of 200 fl; thence Easterly and parallel with the S boundary of Block 4. Pahnetto Park, a distance of 80 fl; thence Southerly and parallel to said W Boundary a distance of 236.07 fl, thence Easterly and Parallel with said S boundary of Block 4, Palmetto Park, a distance of 221.63 ft; thence Northerly and parallel to said W boundary distance of 436.52 ft to the S boundary of Block 4. Palmetto Park; thence Westerly along said S boundary a distance of 300.60 ft to the P.O.B.. subject to an easement in favor of the public over the Southerly 30 fl for road right-of-way purposes. J.B. Gadsden, Jr. and Althea Gadsden, Folio #00135440001, Commencing at the Northwest corner of the East ½ of the Northeast 'A of the Southxvest ¼ of the Northeast ¼ of Section 9, Township 47 South, Range 29 East, Collier County, Florida; thence Southerly along the West boundary of the East '/2 of the Northeast ¼ of the Southwest ¼ of the Northeast 'A a distance of 200 feet; thence easterly and parallel with the South boundary of Block 4, Palmetto Park, a distance of 80 feet; thence Southerly and parallel to said West boundary a distance of 236.07 feet, thence Easterly and parallel with said South boundary of Block 4, Palmetto Park, a distance of 221.63 ft; thence Northerly and parallel to said West boundary a distance of 436.52 feet to the South boundary of Block 4, Palmetto Park; thence Westerly along said South boundary a distance of 300.60 feet to the point of beginning, subject to an easement in favor of the public over the Southerly 30 feet for road right-of-way purposes. AGENDA ITEM NO. /be.. '- I FEB 2 6 2O02 PG. ~ J. B. Gadsden, Jr. & Althea, Folio #00135440001, Commencing at the Northwest comer of the East one-half of the Northeast one-quarter of the Southwest one- quarter of the Northeast one-quarter of Section 9, Township 47 South, Range 29 East, Collier County, Florida; thence Southerly along the West Boundary of the East one-half of the Northeast one-quarter a distance of 200 feet; thence Easterly and parallel with the South Boundary of Block 4, Palmetto Park, a distance of 80 feet; thence Southerly and parallel to said West Boundary a distance of 236.07 feet, thence Easterly and parallel with said South Boundary of Block 4, Palmetto Park, a distance of 221.63 feet; thence Northerly and parallel to said West Boundary a distance of 436.52 ft to the S boundary of Block 4, Palmetto Park; thence Westerly along said South Boundary a distance of 300.60 feet to the Point of Beginning, subject to an easement in favor of the public over the Southerly 30 feet for road right-of-way purposes. J. B. Gadsden, Jr. & Althea, Folio #00135440001, Commencing at the Northwest Corner of the East one-half of the Northeast one-quarter of the Southwest one- quarter of the Northeast one-quarter of Section 9, Township 47 South, Range 29 East, Collier County, Florida; thence Southerly along the West Boundary of the East one-half of the Northeast one-quarter a distance of 200 feet; thence Easterly and parallel with the South Boundary of Block 4, Palmetto Park, a distance of 80 feet; thence Southerly and parallel to said West Boundary a distance of 236.07 feet, thence Easterly and Parallel with said South Boundary of Block 4, Palmetto Park, a distance of 221.63 feet; thence Northerly and parallel to said West Boundary a distance of 436.52 feet to the South Boundary of Block 4, Palmetto Park; thence Westerly along said South Boundary a distance of 300.60 feet to the Point of Beginning, subject to an easement in favor of the public over the Southerly 30 feet for road right-of-way purposes. ~ 0 7. Albert & Margaret Lee, Folio #24.~7080000 , Lot 27, Block A. Bondurant Subdivision 8. Albert & Margaret Lee, Folio #24370800000, Lot 27, Block A, Bondurant Subdivision 9. Albert & Margaret Lee, Folio//24370800000, Lot 27, Block A, Bondurant Subdivision 10. Steinburg & Milano, Inc., Folio #62410960105, Lot 19, Block 3, Naples Park, Unit 1. FEB 2 6 2002 EXECUTIVE SUMMARY APPROVAL AND EXECUTION OF SATISFACTIONS OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEES. FISCAL IMPACT IS $91.50 TO RECORD THE LIENS. OBJECTIVE: Approval and execution of satisfactions of notice of promise to pay and agreement to extend payment of water and/or sewer system impact fees. CONSIDERATIONS: The Governing Body of Collier County and as Ex-Officio the Governing Board of the Collier County Water/Sewer District of Collier County, Florida, is the owner and holder of the Notice of Promise to Pay and Agreement to Extend Payment of Water and/or Sewer System Impact Fees (Agreement) executed by: SEE ATTACHED EXHIBIT "A" Full pa~;ment and satisfactions of these agreements have been made. The County Attorney's Office has reviewed and approved the satisfactions, FISCAL IMPACT: Payment in full of these Agreements increases the cash flow in Collier County's sewer impact fee fund by $25,030.00 and the water impact fee fund by $900.00. The fiscal impact for recording the Satisfaction of Liens is approximately $91.50, which is to be charged to the Utility Billing Customer Service. GROVVTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this item. RECOMMENDATION: Recommendation to acknowledge full payment and the satisfactions of these agreements and to surrender the same as canceled, and to direct the Clerk of Circuit Court of Collier County to cancel the same of record. Authorize the Chairman to execute the Satisfaction of Notice of Promise to Pay and Agreement. Prepared by: Pam Callis, Revenue Supervisor UtilityJ3ffling and Customer Service Teresa A. ~esen, Revenue Manager Utility Billing and Customer Service Jo, l~n~A. Yonkos~, Dir~tor U~i~y~illing and~u stomer/S"e rvice Tom Wides, Interim Administrator Public Utilities Division Date: o,O "',~ "'¢-'~' AG[NbA ITEM NO. /~' FEB 2 6 2002 PG. EXHIBIT "A" o o 10. 11. Michael J. Kyle, a single, securing the principal balance of one thousand one hundred eighty dollars and no cents ($1, 180.00) plus accrued interest. Folio #81623960009 Ronald H. Bell and Jean O. Bell, husband and wife, securing the principal balance of two thousand three hundred sixty three dollars and ninety cents ($2,363.90) plus accrued interest. Folio #61832560003 George E. Belcher, securing the principal balance of one thousand one hundred eighty dollars and no cents ($1,180.00) plus accrued interest. Folio #81622680005 Coastal Crane Service &Equiprnent, Inc., a Florida corporation, securing the principal balance of three thousand three hundred fifty dollars and no cents ($3,350.00) plus accrued interest. Folio #00271840002 \Villiam H. Bracken, a married man and, Gregory B. Hoxvard, a married man, securing the principal balance of three thousand three hundred rift), dollars and no cents ($3,350.00) plus accrued interest. Folio #00278080001 John C. Bigham, securing the principal balance of one thousand two hundred rift)' nine dollars and sixty-six cents ($1,259.66) plus accrued interest. Folio #62042760003 Justin Monpremier, a married man, securing the principal balance of three thousand seven hundred seventy seven dollars and no cents ($3,777.00) plus accrued interest. Folio #62044360003 Lloyd G. Sheehan, securing the principal balance of one thousand nine hundred four dollars and sixteen cents ($1,904.16) plus accrued interest. Folio #62258480009 Ettore Mancini, securing the principal balance of two thousand forty one dollars and two cents ($2,041.02) plus accrued interest. Folio #49481480006 Michele Diane Holm, securing the principal balance of two thousand eight hundred forty five dollars and sixty- five cents ($2,845.65) plus accrued interest. Folio #61380920001 Salomon J. Cardenas, securing the principal balance oft~vo thousand eight hundred forty four dollars and seventy-eight cents ($2,844.78) plus accrued interest. Folio #62200320007 & 62200360009 FEB 2 6 2002 p~. --~ 12. Valley Mortgage & Investment Corp, a Virginia Corporation, securing the principal balance of one thousand three hundred forty dollars and no cents ($1,340.00) plus accrued interest. Folio #27130440005 13. William A. Leverick, a single man, Kathleen L. Leverick, a single ~voman, securing the principal balance of two thousand two hundred forty dollars and no cents ($2,240.00) plus accrued interest. Folio #00247120002 ~0. /c~ ~ / FEB 2 6 2002 / EXECUTIVE SUMMARY APPROVE A CONTRACT FOR ENGINEERING SERVICES TO AGNOLI, BARBER, AND BRUNDAGE FOR THE RELOCATION OF UTILITIES IN ADVANCE OF WIDENING US 41 FROM OLD 41 TO THE COUNTY LINE. THE PROJECT NUMBER IS 70045 AND THE CONTRACT AMOUNT IS $41,900. OBJECTIVE: To relocate utility mains in the FDOT rights of way on North US 41. CONSIDERATION: FDOT is scheduled to begin 6-1aning US 41 North from Old US 41 to the Lee County line in FY03. The relocation of effluent mains is necessary to accommodate the widening. FISCAL IMPACT: Funds are available in the Sewer Capital Projects fund (414) under Project number 73045, FDOT Joint Project Agreements. Source of funds is sewer user fees. GROWTH MANAGEMENT IMPACT: There is no impact on gro~d~ management related to this project. RECOMMENDATION: That the Board of County Commissioners authorize the Interim Utility Director to approve an Engineering Services Contract to Agnoli, Barber, and Brundage for relocation of utilities in advance of the US 41 North 6-1aning. PREPARED BY://'~ '/_~Ja~es L. McGee, P.E., Project Manager REVIE\VED BY: Roy,~. Anderson, P.E., Director of Engineering APPROVED BY: Thomas G. Wides, Interim Utility Administrator DATE: z / ' DATE: AGENDA IT£M/ NO. FEB 2 6 2002 PC,. WORK ORDER # ABB-FT-02-01 Agreement for Fixed Term Professional Engineering Services Dated December 8, 1998 (Contract #98-2835) This Work Order is for professional engineering services for work known as North US41 Utility Relocation Relocate utilities on US41 from Old 41 to Lee County Line in advance of FDOT Widenin~ The work is specified in the proposal dated Feb. 4, 2002, which is attached hereto and made a part of this Work Order. In accordance with the Terms and Conditions of the Agreement referenced above, Work Order # ABB-FT-02-01 is assigned to A~,noli, Barber. & Brundage, Inc. Scope of Work: 1.0 Preliminary Analysis 2.0 Survey/design/permitting/bidding/const. Services 3.0 FDOT Coordination Schedule of Work: Complete work within 90 days from receipt of the Notice to Proceed authorizing start of work. Compensation: In accordance with Article Five of the Agreement, the County will compensate the Firm in accordance with the negotiated lump sum amount indicated in the schedule below (if a task is time and material, so indicate and use the established hourly rate(s) as enumerated in Schedule "A" of the Agreement). SERVICES FEE FEE TYPE 1.0 Preliminary Analysis 2.0 Survey/design/permitting/const. Services 3.0 FDOT Coordination S7,500 T/M S29,900 T/M $4,5OO T/M TOTAL FEE $ 41,900 Any change within monetary authority of this Work department approval will be considered an additional Schedule "A" of the Agreement. PREPARED BY?" J'~imes '"- ...... //~_7 L. McG~,.-P.E~ Project Manager APPROVED BY: . d~,_ :/¢ ~"/-----,--~--~ Rotff B. Anderson, P.E. PUED Director APPROVED BY: Thomas G. Wides, Interim Utility Dir. ACCEPTED By: Date: Dominick J. Amico Order made subsequent to final service and charged according to Date Date Date ATTEST: (Corporate Secretary) By: Type Name and Title NO.. FEB 0 0 0 0 0 FEB 2 6 2002 0 0 0 0 ¢D .5' AG[NDA IT£M ~ NO. /~ ~ FEB 2 G 2002 PG. ~ EXECUTIVE SUMMARY APPROVE A DESIGN BUILD CONTRACT WITH METCALF & EDDY, INC., FOR NEW REVERSE OSMOSIS RAW WATER SUPPLY WELLS FOR THE NORTH COUNTY REGIONAL WATER TREATMENT PLANT, PROJECT 70075, IN THE AMOUNT OF $3,973,196. OBJECTIVE: To be granted approval to approve the subject contract to try to avoid potential water supply deficits and/or disruptions to water service by accelerating the project to minimize time and save costs. CONSIDERATIONS: The North County Regional Water Treatment Plant 8 million gallons per day (mgd) expansion project included ten (10) new reverse osmosis raw water supply wells. Over the last two years, four of the ten wells have shown declining reliability. 8-mgd of water production cannot be fully achieved by the initially planned configuration. Staff believes that is imperative that construction of four (4) additional ra;v water supply wells begin immediately to prevent a potential shortfall in potable water capacity and supply. On December 11, 2001, as agenda item 16(C)10, the Board of County Commissioners declared this project to be an emergency and instructed staff to negotiate a design-build contract to provide four reliability wells. Staff has negotiated fees, and recommends that a design build contract be issued to IVletcalf & Eddy, Inc. (M&E), in the amount of $3,973,196. The design build contract is based on a recently completed 30% design, which will be made part of the contract. FISCAL IMPACT: Funds in the amount of $4,340,000 are budgeted for this project. $544,187 has been previously encumbered and expensed for 30% design services, surveying, and test wells, resulting in $3,795,813 remaining available for this contract. The balance of funds are available from reserves. The source of these funds is Water Impact fees. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATIONS: That the Board of County Connnissioners, as Ex-officio the Governing Board of the Collier County Water Sewer District, approve, and authorize the Chairman to execute, a design build contract in the amount of $3,973,196 to Metcalf & Eddy, Inc.; approve the necessary directly associated budget amendment(s), and authorize early work to construct these wells pending conditional approval to the extent, if any, that such conditional use approval has not already been obtained. The requested approval shall be subject to approval as to form and legal sufficiency by the County Attorney's Office, and otherwise by the Director of Purchasing. Executive Summary Approve Work Order Page 2 SUBMITTED BY:/~~ ~an~e~ Project Manager L. McGee, REVIE~VED BY: Step~efi 4~. camel, Purchasing Director REVIEWED BY: Roy/B. Anderson, P.E., Director Public Utilities Engineering Department REVIEWED BY: Patti Mattausch, Director Water Department APPROVED BY: Public Utilities Division DATE: Z////2-, DATE: ITEM FEB 2 6 2002 PG. ~ Metcalf & Eddy February 19, 2002 Mr. James L. McGee, P.E. PhD. Project Manager, Engineering Department Public Utilities Division Collier County Government Center 3301 Tamiami Trail, Building H Naples, Florida 34112 3740 Executive Way Miramar, FL 33025 Tel: 954.450.7770 Fax: 954.450.5100 www.m-e.com Subject: North Water Treatment Plant Well Field Expansion Dear Mr. McGee: Metcalf & Eddy is pleased to provide you with a revised price proposal to provide design-build services to Collier County for expansion of the North Water Treatment Plant Well Field. Table 1, attached, provides you with a breakdown of the price/fees for this work. Based on this tabulation, M&E xvill need an authorization in the amount of $3,973,196 to perform the work. Our proposal to Collier County for this work is based on the following: · Construction Drawings (1 set) and Specifications (4 different packages/sets) for the project, prepared by M&E, as amended on February 6, 2002. · Design-Build Agreement between Collier County and Metcalf & Eddy, Inc · Scope of Work, Exhibit A, to Agreement noted above, as amended on 2/6/02. · Exhibits B-H to Agreement noted above M&E has recently completed several similar design-build projects that required a fast-track approach, and we successfully completed these on time and within the budget. We certainly look forxvard to serving you on this challenging project, and appreciate the opportunity to be of service to Collier County. Should any questions arise, or if there are any matters you wish to discuss, please do not hesitate to contact us. We look forward to hearing from you soon. 408-210155 February 19, 2002 Page 2 Sincerely, METCALF & EDDY Roberto S. Ortiz, P.E. Vice President Cc: Mark Blanchard, IvI&E Rich Ulkus, M&E February 19, 2002 Page 3 Table 1 Cost Summary for North Water Treatment Plant Well Field Expansion Project ITEM FEES/COSTS 1.Pmfcssional Services Corlract Negotiations Surveying Home Office Construction Serv/ces Startup, Testing & Warranty Subtotal Professional Services $ 26,723 27,594 0 41,627 172,786 $ 15,511 $ 284,241 2. Construction M&E ~ Conditions Subcontractors Equipment Subtotal Construction Other Direct Costs Bonds & Insurance Permit Fees Subtotal Other Direct Costs 4. Total Project Costs Subtotal A 1l Costs Contingency Profit ~ 10% on Items 2 and 3, above Total Proposed Fee $ 305,550 2,918,181 $ 377.460 $3,601,191 $ 41,004 11.400 52,404 $3,937,836 0 $365.360 $4,303,196 Less; Approved Allowance for Test Wells Additional Project Funding/Authorization $ 330,000 $3,973,196 "' EXECUTIVE SUMMARY APPROVE WORK ORDER GH-FT-02ol WITH GREELEY AND HANSEN LLC, TO PERFORM FIELD EXCAVATION AND INVESTIGATION ON THE EXISTING 30-INCH SEWER FORCE MAIN, PROJECT 73943 IN THE AMOUNT OF $108,120. OBJECTIVE: To investigate the condition of the existing thirty year old 30- inch Sewer Force Main on Immokalee Road between 111th Avenue North and the North County Water Reclamation Facility and recommend methods of rehabilitation or replacement. CONSIDERATIONS: The existing 30-inch sewer force main is ductile iron pipe and was installed in about 1972. A parallel 30-inch sewer force main was installed in 2001. The existing force main alignment is from the intersection of Immokalee Road and US 41, east along Immokalee Road to an easement east of Goodlette-Frank Road. The force main turns south in the easement to the North County Water Reclamation Facility. The length of the existing force main is approximately 6,500 feet. Most of the existing 30-inch sewer force main along Immokalee Road is under the pavement. A transportation project is underway to widen this portion of Immokalee Road. The evaluations and results of this investigation will be coordinated with the Immokalee Road designer to determine the most cost- effective method and schedule for repair or replacement of all or portions of the existing 30-inch sewer force main. Staff has negotiated a scope of work and fees under our Annual Fixed Term Utilities Engineering Services Contract 00-3119 with Greeley and Hansen LLC. Proposed fees for the Work Order GH-FT-02-1 attached are summarized as follows: Task 1-Perform Field Investigations Task 2-Prepare Report Task 3-Additional Services Allowance TOTAL (Proposed) $ 93,380 $ 9,740 $ 5,ooo $108,120 FISCAL IMPACT: Funds in the amount of $108,120.00 are available in County Wastewater Capital Projects. Source of funds is Fund 414 - Sewer User Fees. Executive Summary Approve Work Order #GH-FI'-02-1 for Investigation of Existing 30" Sewer Force Main on Immokalee Road Page 2 of 2 GROWTH MANAGEMENT IMPACT: This project is needed to meet future sewer flows in the north service area and to ensure sewer service reliability of wastewater collection system as recommended in the 2001 Wastewater Master Plan Update adopted by the Board on December 11, 2002 as Agenda Item 8(a). RECOMMENDATIONS: Staff recommends that the Board of County Commissioners, as the Ex-Officio governing board of the Collier County Water- Sewer District, approve Work Order #GH-FT-02-1, and authorize the Public Utilities Administrator to execute this work order with Greeley and Hansen LLC for the Investigation of the Existing 30-inch Sewer Force Main in Immokalee Road. PREPARED BY: Mohan V. Thampi, P.E., Senior Project Manager Public Utilities Engineering Department REVIEWED BY: Roy 13'. Anderson, P.E., Director Public Utilities Engineering Department DATE: APPROVED BY: Thomas G. Wides, P.E., Administrator Public Utilities Division DATE: MVT'mvt AG[NDA IT£M ~o. /~ C FEB 2 6 2002 PG. ~,~ WORK ORDER # GH-FT-02-1 Agreement for Fixed Term Utilities Engineering Services Contract #00-3119 Dated April 10, 2001 This Work Order is for professional engineering services for work known as: Project: Investigation of Existing 30" Immokalee Road Sewer Force Main The work is specified in the proposal dated January 23, 200~, which is attached hereto and made a part of this Work Order. In accordance with the Terms and Conditions of the Agreement referenced above, Work Order #GH-FT-02-1 is assigned to Greeley and Hansen LLC. Scope of Work: Task 1 - Perform Field Investigations Task 2 - Prepare Report Task 3 - Additional Services Allowance Tasks shall be conducted as indicated in the attached Greeley and Hansen LLC proposal with detailed description of the subtasks in Exhibit A. Schedule of Work: Complete Task I and 2 within 12 weeks from the Notice to Proceed authorizing start of work. Compensation: In accordance with Article Five of the Agreement, the County will compensate the Firm in accordance with the negotiated time and material sum amount indicated in the schedule below (if a task is time and material, so indicate and use the established hourly rate(s) as enumerated in Schedule "A" of the Agreement). Task 1 $ 93,380 (time & material) Task 2 S 9,740 (time & material) Task 3 $ 5,000 (time & material) TOTAL FEE S 108,120 Any change within monetary authority of this Work Order made subsequent to final department approval will be considered an additional service and charged according to Schedule "A" of the Agreement. PREPARED BY: AUTIIORIZED BY: ~ Mohan V. Thampi, P.E., Sgnior Project Manager Public Utilities Engineering Department PToy B,/. Anderson, P.E., Director Publi~ Utilities Engineering Department Date Date APPROVED BY: Thomas G. Wides, Interim Administrator Public Utilities Division Date: Date ATTEST: Type Name and Title By: Greeley and Hansen LLC Name of Firm ~ ~ oclate Roger S'. Howell, P.E., Ass ' MVT:mvt Project 73943 - Investigation of Existing 30-inch Immokalee Road Sewer Force Main AG[Nb~ IT£M FEB EXHIBIT A. COLLIER COUNTY GOVERNMENT PUBLIC UT[LIT[ES ENGINEERING DEPARTMENT Work Order # GH-FT-02-1 Investigation of Existing 30" Immokalee Road Sewer Force blain _Scope of Services_ Greeley and Hansen LLC January 23, 2002 Greeley and Hansen LLC, herein referred to as ENGINEER, shall perform engineering services for Collier County, herein referred to as COUNTY, associated with an investigation of the existing 30-inch diameter force main along Immokalee Road, herein referred to as the PROJECT, for COUNTY. This work order shall be completed in accordance with the terms of Contract 00- 3119, herein referred to as CONTRACT. The deliverable for the PROJECT shall be a Technical Memorandum, which includes the evaluations and recommendations for repair or replacement of the existing 30-inch force main. The existing force main is ductile iron pipe and was installed in about 1972. A parallel 30-inch force main ,,,,,as installed in 2001. The existing force main alignment is from the intersection of Immokalee Road and US 41, east along Immokalee Road to an easement east of Goodlette-Frank Road. The force main tums south in the easement to the North County Water Reclamation Facility. The length of the existing force main is approximately 6,500 feet. Most of the existing force main along Immokalee Road is under the pavement. A project is underway to widen this portion of Immokalee Road. The evaluations and results of this investigation `.`.,ill be coordinated with the Immokalee Road designer to determine the most cost- effective method and schedule for repair or replacement of all or portions of the existing force main. Monthly payments for the services will be invoiced based on time and materials. Task 1. Perform Field Investigations Field investigations will comprise excavation of the existing force main at not more than two locations, draining and cleaning the existing force main, and visual and TV inspections of the existing force main pipe. Excavations will be at locations to be determined during the investigation outside the pavement of Immokalee Road. Excavations will be performed by dnHiggins, Inc. At excavation locations, a section of pipe will be cut out to allow access for cleaning equipment and TV inspection equipment. FMlnvcstigationlScope122701 .doc Page 1 of 3 Sections of pipe removed will be replaced ... _ I AGCNOA IT£H I with PVC pipe. Cleaning operations and TV inspections will be performed by Sewer Viewer and will be scheduled and coordinated with the North County Water Reclamation Facility operators and COUNTY Wastewater Collections personnel. Meetings will be held with COUNTY Wastewater Collections and the Immokalee Road design engineer prior to starting any excavations. Cleaning and TV inspections will be performed to the extent that the available access locations to the pipe will allow. At least one excavation will be performed at a location near a "high spot" of the existing force main vertical alignment, where evidence of internal corrosion is expected to be greatest. An allowance for up to three vacuum excavations is also included. The locations for vacuum excavations will be determined during the investigation based on review of the existing plans and determination of suitable locations in the field. It is anticipated that vacuum excavations will be performed under the Immokalee Road pavement. Non-destructive pipe wall thickness measurements will be made at the vacuum excavation locations using ultrasonic measurements. Task 2. Prepare Report Prepare a draft report summarizing observed conditions of the existing force main. Meet with COUNTY and Immokalee Road designers to discuss the report. Incorporate COUNTY comments and prepare final report. Submit ten copies of the final report. The summary report will include recommendations and cost estimates for renovation or replacement of the existing force main. Task 3-Additional Services Allowance Provide additional services for the force main investigation. The additional services allowance of up to $5,000 is for additional testing services that may be required or additional services that may be requested by COUNTY. Additional services under this work order will be provided up to the limits shown below. Additional work orders will be required to perform services beyond the limits shown below. Costs The fee for the above work scope is as follows: Task 1 Perform Field Investigations Task 2 Prepare Report Task 3 Additional Services Allowance $93,380 $9,740 $5,000 Total $108,120 (Time and Material) (Time and Material) (Time and Material) FMlnvestigationlScope122701 .doc Page 2 of 3 N0. /6C_. . [£1it0,.2 6 2002 PG. ~" Completion Schedule Task I. 4 Weeks from Notice to Proceed Task 2. i2 Weeks from Notice to Proceed 2002 FMlnvestigationlScope122701.doc Page 3 of 3 EXECUTIVE SUMMARY APPROVE NEW ESCROW ACCOUNT FOR COUNTY UTILITY RELOCATIONS IN CONJUNCTION WITH US 41 ROAD WIDENING FROg! MYRTLE ROAD TO OLD US 41, PROJECTS 70047, 70048 AND 73048. OBJECTIVE: Board approval to open a new escrow account in which County funds will be deposited to cover the cost of relocating County utilities. This will minimize disruptions to water and sewer service associated with the timely construction of this important road improvement project. CONSIDERATIONS: On October 13, 1998 (Item 16-B-8) the Board approved a Joint Project Agreement (JPA) with the Florida Department of Transportation (FDOT) for construction and FDOT administration of County utility relocations necessitated by the xvidening of US 41 betvceen Myrtle Road and Old US 41. In accordance with the JPA, funds were deposited into an escrow account to cover the cost of County utility relocations. On November 27, 2001 (Item 16-C-4) the Board approved an additional $275,960.62 for additional County utility relocations. Funds were depleted from the original escrow account and that account was closed. It will therefore, be necessary to sign a new "Memorandum of Agreement" to open a new account for the additional funds that were previously approved. FISCAL IMPACT: There is no new fiscal impact because funding has already been approved. GROWTH MANAGEMENT IMPACT: This project involves the relocation of existing utility facilities and will have no impact on growth management. RECOMMENDATIONS: That the Board of County Commissioners, as Ex-officio the Governing Board of the Collier County Water Sewer District, approve and authorize the Chairman to sign a new "Memorandum of Agreement" in the amount of $275,960.62 for a Joint Project Agreement with the Florida Department of Transportation for County utility relocations in conjunction with US 41 road widening from Myrtle Road to Old US 41. SUBMITTED BY: Ronald F. Dillard, P.E., Senior Project Manager Public Utilities Engineering Department FEB 26Z00i Jl Executive Summary Approve New Escrow Account Page 2 REVIE,VED BY: ~t)':?i~? Roy/B. Anderson, P.E., Director Public Utilities Engineering Department APPROVED BY: o~m~as G. Wides, Interim Administrator Public Utilities Division DATE: DATE: RFD:rfd FEB 2 6 2002 350-020-301 03/15/0 Page 1 of: MEMORANDUM OF AGREEMENT THIS AGREEMENT, made and entered into this , day of , 200.___~, by and between the State of Florida, Department of Transportation, hereinafter referred to as "FDOT" and the State of Florida, Department of Insurance, Division of Treasury, hereinafter referred to as "Treasury" and ( Participant ), hereinafter referred to as the "Padicipan{'?. ' WITNESSETH WHEREAS, "FDOT" is currently constructing the following project: Main Financial Project No.: 03010-6568/6570 (195380-1-5601 & 195378-I-5601) County: Collier hereinafter referred to as the "Project". WHEREAS, FDOT and the Participant entered into a Locally Funded Agreement dated _December 1_, 1998, wherein FDOT agreed to perform certain work on behalf of the Participant in conjunction with the Project. WHEREAS, the parties to this AGREEMENT mutually agreed that it would be in the best interest of the FDOT and the Participant to establish an interest bearing escrow account to provide funds for the work performed on the Project on behalf of the Participant by the FDOT. NOW THEREFORE, in consideration of the premises and the covenants contained herein, the parties agree to the following: 1. An initial deposit in the amount of $ 275,960.62 (Two Hundred Seventy Five Thousand Nine Hundred Sixty dollars and Sixty Two Cents) will be made by the Participant into an interest bearing escrow account established by the Department for the purposes of th6 project. Said escrow account will be opened with the Department of Insurance, Division of Treasury, Bureau of Collateral Securities on behalf of the FDOT upon receipt of this Memorandum of Agreement. Such account will be an asset of FDOT. 2. Other deposits will be made only by the Participant as necessary to cover the cost of additional work prior to the execution of any Supplemental Agreements or Amendments. NO. FEB 2 6 2002 · PG. 350-020-300 03/15/01 Page 2 of 2 3. All deposits shall be made payable to the Department of Insurance. Revenue Processing and mailed to the FDOT Office of Comptroller for appropriate processing at the following address: Florida Department of Transportation Office of Comptroller 3717 Apalachee Parkway, Suite E Mail Station 24 Tallahassee, Florida 32311 ATTN: ~1--~ Coordinator 4. The FDOT's Comptroller or designee(s) shall be the sole signatories on the escrow account with the Department of Insurance and shall have sole authority to authorize withdrawals from said account. 5. Unless instructed otherwise by the parties hereto, all interest accumulated in the escrow account shall remain in the account for the purposes of the project as defined in the LFA. 6. The Treasurer agrees to provide written confirmation of receipt of funds to the FDOT. 7. The Treasurer's Office further agrees to provide periodic reports to the FDOT. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION COMPTROLLER STATE OF FLORIDA DEPARTMENT OF INSURANCE DIVISION OF TREASURY PARTICIPANT SIGNATURE Jcrmes No Co'letta, Cha±rm~n Board of County Co~n~ssioners PARTICIPANT NAME & TITLE 3301 East Tami~i ~rail Naples, ~L 94112 PARTICIPANT ADDRESS 59-6000-558 FEDERAL EMPLOYER I.D. NUMBER 2002 EXECUTIVE SUMMARy WAIVE PURCHASING COMPETITIVE BID POLICY AND APPROVE THE USE OF THE PARKSON CORPORATION TO ASSIST WITH THE REBUILDING OF THE NORTH COUNTY WATER RECLAMATION FACILITY MECHANICAL BAR SCREENS FOR THE AMOUNT OF $58,052.00. OBJECTIVE: That the Board of County Commissioners, Ex-Officio, the Governing Board of the Collier County Water-Sewer District approve the use of the Parkson Corporations parts and personnel to assist with the rebuilding of the North County Water Reclamation Facility's mechanical Bar Screens. CONSIDERATION: 1. The Wastewater Department's North County Water Reclamation Facility has two (2) older model mechanical Bar Screens used to remove large debris from the influent wastewater so as not to damage equipment downstream of the units. 2. After 6 years of normal wear and tear, the Facility has determined that the units are in need of a major rebuild. Staff has contacted the manufacturer, the Parkson Corporation, to obtain a price quote for required parts and provide technical assistance to assist the facility maintenance staff in rebuilding these units. 3. The Wastewater Department wishes to obtain the approval of the Board of County Commissioners to bypass the competitive bidding process (Purchasing Policy V (A) 3) to award this service to the Parkson Corporation as the original equipment manufacturer in the best interest of the County. The rebuild parts and the manufacturer assistance amounts to a price of $58,052.00. 4. The Wastewater Department staffrecommends the award of this service to the Parkson Corporation as they are the original equipment manufacturer of the mechanical Bar Screens. FISCAL IMPACT: Total expenditures for this project will be $58,052.00 and will be funded fi'om the North County Water Reclamation Facility FY 01/02 operating budget. Funds are available in the County Water/Sewer Operating Fund (408). GROWTH MANAGEMENT IMPACT: There is no growth management impact. FEB 2 6 2002 p~. I Page Two Approval of the use of the Parkson Corporation RECOMMENDATION: That the Board of County Commissioners, Ex Officio, the Goveming Board of the Collier County Water-Sewer District waive the competitive bidding process to allow the Parkson Corporation, the original equipment manufacturer, to provide the needed parts and provide the manufacturers assistance in the rebuild of these two mechanical Bar Screens. SUBMITTED BY: ~ e~ ~c\,x^,,~x~ Date: 1."' I- (~ ~ I~ennis Bah~ard, PYaht Superintendent ~V~D BY: .. ~ v Sfep'h~n y. CameJ1, Purchasin~GS D~c~ ~VIEWEDBY: ~ ~w ~-J 0~-- o~ ater D~:or ~PROVED B Y: ~~ ~~ Date: Thomas G. Wides, ~terim Public Utilities Administrator FEB 2 002 ~,~o ,.2_.. EXECUTIVE SUMMARY APPROVE WAIVER OF SINGLE JOB CAP OF $200,000 - CONTRACT 99-2915 WITH LIGHTNER CONTRACTING, INC. FOR UP TO $700,000 OBJECTIVE: To obtain approval of a one-time waiver of the single job cap of $200,000 under contract 99-2915, Beach Maintenance Activities with Lightner Contracting, Inc. CONSIDERATIONS: The BCC approved a fixed term contract with Lightnet Contracting, Inc. on March 23, 1999 for beach maintenance activities including but not limited to escarpment removal, beach tilling, debris removal and beach grading. This contract, which has been extended to May 22, 2002, specifies that no single job may exceed $200,000. Incremental Beach Maintenance Activities (project # 10507), has a current budget of $8,335,000 based on 400,000 cubic yards of upland sand being required to recover from Tropical Storm Gabrielle and $400,000 for rock removal. Now that the post- storm surveys have been analyzed, the current estimate is less than 200,000 cubic yards and therefore surplus funds are available to cover the entire cost of this rock removal effort. FISCAL IMPACT: This effort is estimated not to exceed $700,000 depending on the outcome of the beach testing results and final quantity of sand to be sifted. Incremental Beach Maintenance Activities (project # 10507) has a current budget of $8,087,654. The source of funds is Tourist Development Tax. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. RECOMMENDATION: That the Board of County Commissioners approve a one time waiver of the single job cap of $200,000 under contract 99-2915, Beach Maintenance Activities with Lightnet Contracting, Inc. for beach sand sifting / rock removal. SUBMITTED BY: . Date: . Ron Hovell, P.E., Coastal Projects Manager, PUED Roy B. Ande~on, P'~E.,~Director, PUED 'S{eph~n *i' C~-nell, Purchasing/General Services Director APPROVED BY: '~ ~b,}~-'~ Date: Tom Wides, Interim Administrator, Public Utilities Division AGENDA ITEM FEB 26 Pg. / EXECUTIVE SUMMARY APPROVE A RESOLUTION AUTHORIZING DECLARATIONS OF OFFICIAL INTENT UNDER U.S. TREASURY REGULATIONS WITH RESPECT TO REIMBURSEMENTS FROM NOTE AND BOND PROCEEDS OF TEMPORARY ADVANCES MADE FOR PAYMENTS PRIOR TO ISSUANCE, AND OTHER RELATED MATTERS, FOR THE NORTH COUNTY WATER RECLAMATION FACILITY, PROJECT 73077. OBJECTIVE: That the Board of County Commissioners, as the Ex-Officio Governing Board of the Collier County Water-Sewer District, approve a resolution authorizing declarations of official intent with respect to reimbursements from note and bond proceeds of temporary advances made for payments before issuance of such notes and bonds. CONSIDERATIONS: On December 11, 2001, the Board approved a resolution adopting the North County Water Reclamation Facility (NCWRF) Flow Equalization System Facilities Plan; authorized the submission of this plan to the Florida Department of Environmental Protection (FDEP); and authorized the Public Utilities Administrator to carry out the County's responsibilities under the loan pro,am. Staff submitted the resolution and the Facilities Plan Update to the FDEP before the deadline of January 4, 2002, which started this next step in the process of obtaining a State Revolving Fund (SRF) loan from the FDEP. Collier County is seeking consideration for a low-interest SRF construction loan from the FDEP. It is understood that these funds may be used to proceed with construction loan funding. It is the intent of the County to secure maximum eligibility for all anticipated wastewater construction projects utilizing the lowest cost funding available. We have submitted a Request For Inclusion (RFI) with the FDEP to be included in their priority list to obtain an SRF loan. The current SRF loan interest rate is 3.05%. The rate is adjusted quarterly based on a 40% discount applied to the "Bond Buyer 20-Year General Obligation Bond Index". SRF loans are being used to successfully fund the current expansion of the NCWRF. FDEP in their January 9, 2002 meeting has included the NCWRF for further consideration. This SRF funding source will be instrumental in allowin~g Collier County to proceed with this project. Preliminary planning efforts resulted in an estimated cost of $9,006,398 (including a loan servicing fee of $171,000) to construct a Flow Equalization System at the NCWRF that meets the requirements set forth in a consent order. As part of the above process, approval of this Resolution will satisfy the planning protocols required by FDEP. FISCAL IMPACT: The adoption of this Resolution has no fiscal impact. GROWTH MANAGEMENT IMPACT: The expansion of the NCWRF is consistent with the Growth Management Plan and 2001 Wastewater Facilities Master Plan. PG. / Executive Summary Declare Emergency Page 2 RECOMMENDATIONS: That the Board of County Commissioners, as the Ex-Officio Governing Board of the Collier County Water-Sexver District, adopt the attached Resolution. Bala M. Sridhar, Sr. Accountant Public Utilities Division REVIEWED BY: Peter Schalt, PMP, Project Manager Public Utilities Engineering Dept. DATE: APPROVED BY: Thomas G. Wides, Interim Administrator Public Utilities Division DATE: ~o. /~s !~ FEB 2 6 2002 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ~-- 26 27 28 29 30 31 32 33 34 35 36 37 38 39 4O 41 42 43 44 45 46 47 48 49 5O RESOLUTION NO. 2001- A RESOLUTION OF THE BOARD OF COUNTY COMS~HSSIONERS OF COLLIER COUNTY, FLORIDA, AUTHORIZING DECLARATIONS OF OFFICIAL INTENT UNDER U.S. TREASURY REGULATIONS WITH RESPECT TO REIMBURSEMENTS FROM NOTE AND BOND PROCEEDS OF TEMPORARY ADVANCES MADE FOR PAYMENTS PRIOR TO ISSUANCE, AND RELATED MATTERS. WHEREAS, United States Treasury Regulations {}1.150-2 (the "Reimbursement Regulations") prescribe conditions under which proceeds of bonds, notes or other obligations ("Bonds") used to reimburse advances made for capital and certain other expenditures ("Original Expenditures") paid before the issuance of such Bonds will be deemed to be expended (or properly allocated to expenditures) for purposes of Sections 103 and 141-150 of the Internal Revenue Code of 1986, as amended (the "Code"), upon such reimbursement so that the proceeds so used will no longer be subject to requirements or restrictions under those sections of the Code; and WHEREAS, certain provisions of the Reimbursement Regulations require that there be a Declaration of Official Intent not later than 60 days following payment of the Original Expenditures expected to be reimbursed from proceeds of Bonds, and that the reimbursement occur within certain prescribed time periods after an Original Expenditure is paid or after the property resulting from that Original Expenditure is placed in service; and x, VHEREAS, Collier County wishes to take steps to comply with the Reimbursement Regulations; NOW, THEREFORE, be it resolved by the Board of County Commissioners of Collier County (the "Borrower") as follows: Section 1. Definitions. The follo~ving definitions apply to the terms used herein: "Authorized Officer," means the Administrator of Public Utilities or any person designated for the purpose by the Administrator of Public Utilities. "Declaration of Official Intent" means a declaration of intent, in the form, nmnner and time contemplated in the Reimbursement Regulations, that the advances for expenditures referred to therein are reasonably expected to be reimbursed from the proceeds of Bonds to be issued after those expenditures are paid. "Reimbursement" or "reimburse" means the restoration to the Borrower of money temporarily advanced from its own funds and spent for Original Expenditures before the issuance of the Bonds, evidenced in writing by an allocation on the books and records of the Borrower that shows the use of the proceeds of the Bonds to restore the money advanced for the Original Expenditure. "Reimbursement" or "reimburse" generally does not include the refunding or retiring of Bonds previously issued and sold to, or borrowings from, unrelated entities. NO. /~ I~ FEB 2 6 ;'002 51 52 53 54 55 56 57 58 59 6O 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 Section 2. Authorization and Requirement of Declarations of Official Intent. Each Authorized Officer is authorized to prepare and sign Declarations of Official Intent in substantially the form attached with respect to Original Expenditures to which the Reimbursement Regulations apply, to be made from money temporarily advanced and that is reasonably expected to be reimbursed (in accordance with applicable authorizations, policies and practices) from the proceeds of Bonds, to make appropriate reimbursement and timely allocations from the proceeds of the Bonds to reimburse such prior expenditures, and to take any other actions as may be appropriate, all at the times and in the manner required under the Reimbursement Regulations in order for the reimbursement to be treated as an expenditure of such proceeds for purposes of Sections 103 and 141 to 150 of the Code. No advance from any fund or account or order for payment may be made for Original Expenditures (other than expenditures excepted from such requirement under the Reimbursement Regulations) that are to be reimbursed subsequently from proceeds of Bonds unless a Declaration of Official Intent with respect thereto is made within the time required by the Reimbursement Regulations. PASSED gaN"l) ADOPTED this ~ day of ,2002 after majority vote in favor of adoption. ATTEST: Dwight E. Brock, Clerk By: Deputy Clerk BOARD OF COUNTY C05~IISION-ERS COLLIER COUNTY, FLORIDA, AS EX-OFFICO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER- SEWER DISTRICT BY: JAMES N. COLETTA, Chairman Approved as to form and legal sufficiency: Tom Palmer, Assistant County Attorney I -.3 FEB 2 6 2aO DECLARATION OF OFFICIAL INTENT For Reimbursement of Expenditures from Bonds/Notes This is a Declaration of Official Intent under U.S. Treasury Regulations for purposes of Sections 103 and 141 to 150 of the Internal Revenue Code of 1986, as amended (the "Code"). The undersigned, on behalf of Collier County (the "Borrower") declares that the Borrower reasonably expects that the capital and other expenditures described in paragraph 2 (the "Project") will be reimbursed with the proceeds of"bonds" (as defined in Section 150 of the Code). The maximum principal amount of bonds expected to be issued for the Project is $8,258,000. 2. Description of capital and other expenditures to be reimbursed. Expenditures for (insert a general functional description of property, project, program or purpose): Water Pollution Control Improvements The undersigned has been authorized by the Borrower to make and sign this Declaration on behalf of the Borrower. Date of Declaration: Collier County .~ffa-~./..,:~0 /,,~,2002 By ~'~~~~(Si: Tom Wides, Interim Administrator-Public Utilities Caution: This Declaration of Official Intent will not be effective unless the bonds providing moneys for the reimbursement are issued and th._.~e reimbursement for the Project described above is made (by an allocation on the books and records identifying the expenditures as in paragraph 2 above) within the applicable period prescribed in the Treasury Regulations - generally, 18 months after the later of the date of the expenditure or the date the Project is placed in service, but in no event later than three years after the date of the expenditure. AGENDA ITEM FEB 2 2002 PG., ,, ~ EXECUTIVE SUMMARY APPROVAL TO ENTER AN AGREEMENT WITH THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS FO[, THE REIMBURSEMENT OF EMERGENCY PROTECTIVE MEASURE EXPENDITURES OBJECTIVE: To gain Board of County Commissioners acceptance and approval of Contract # 02-RM-'2-09-21-20-016 between the State of Florida, Department of Community Affairs and Collier County to reimburse Collier for emergency protective measure expenditures in preparing for/responding to Tropical Storm Gabrielle. CONSIDERATIONS: The Federal Emergency Management Agency, through the State of Florida. Department of Community Affairs, has made funds available to the counties impacted by Tropical Storm Gabrielle in September 2001. These expenditures were mainly in the form of preparation prior to the storm and overtime for employees during the flooding of the storm. Collier County Wastewater Department of the Public Utilities Division has already preformed the work, as emergency measures, and is now seeking eligible reimbursement per the Robert T. Stafford Act. FISCAL IMPACT: Reimbursement from FEMA will amount to approximately S75.000. Funds will be deposited in the County Water and Sewer Operating Fund (408). GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact. RECOMMENI)ATION: That the Board of County Commissioner approve the attached Contract # 02-RM-'2-09-21-20-016 for the reimbursement of disaster related expenses. SUBMITTED BY: REVIEWED BY: APPROVED BY: ZOO?. .-~ ~ Date: " - Greg Thacker, Wastewater Safety Coordinator ~a ~ Date: oq-aq0'O)- J~eph lB. Cheatham, Wastewater Director ~~~'~~ Date: ~'' -.2:0- 02.--- om Wides, Interim Public Utilities Administrator FEB 2 8 Florida Department of Community Affairs Contract No. 02-RM-'2-09-21-20-017 DISASTER RELIEF FUNDING AGREEMENT This Agreement is between the State of Florida, Department of Community Affairs (the "Grantee") and, Collier County Public Utilities (the "Subgrantee"). This Agreement is based on the existence of the following conditions: Tropical Storm Gabriel!e had a devastating impact upon the S~a~e of Florida. The severity of the damage and losses resulted in a declaration of emergency by the Governor in Executive Order 01-268. In consequence of Tropical Storm Gabriel!e, nhe Presidenn of the United States declared Tropical Storm Gabrie!le a major disaster in the following counties: Charlotte, Collier, DeSoto, =~=~___~___, Mana~e~, Putnam, Sarasota, St. Johns, Hardee, W~c~a~d~ and Lee. The Public Assistance Program was made available to elicib!e_ a~!icants._ in the counties of C~,~~_o~te,~-~ ~ CoIlier~ DeSoto, Fi~ ~ ~a~ate ~ , ~g .... = Putnam, Sarasota, St Johns, Hardee, "~ ~- ~ and Lee. The Agreement between the S~ate of Florida and the Federal Emergency Management Agency governing the use of such funds re- quires the State to share the costs eligible for federal financial assistance, and the State has undertaken to share those costs with its Subgrantees. A Budget Amendment has been prepared and is being considered to provide for the necessary funds and authority for this event. Under the Emergency Management Act, as amended, the Department has authority to administer federal financial assistance from the 5~.a~zon of disaster. Agency consequent to a presidential decl ~ ~' Based upon the existence of the foregoing conditions, the parties agree to the following: ARTICLE I. Definitions. As used in this Agreement, the following terms shall have the following meanings unless another meaning is specified elsewhere: A. ,,Eligible activities" are those activities authorized in ~.,e FE~-State Agreement, and in the Robert T Stafford Disaste Relief and Emergency Assistance Act, Public Law 93-288, as amended, 42 U.S.C. § 5!2!-520!; 44 C.F.R. Part 206; and applicable uo!icies of the Federal Emergency Management Agency. B. "FEY3.-Sta%e Agreement" is the agreement cf October 4, 200! kezween %he Federal Emergency Management Agency and the e SUane of F~ ~ ' for Disaster No FEMA-!393-DR-FL _o_~oa, · · ~_~TiCLE ii. APPLICAB~mLE Law. The parties agree to al! the ~ions, ob!ications and duties imposed by the FE>~-Stane AgreemenU and all applicable state and federal !e~a= .... {~ ~'- including, wiuhout any !imitation on the generality of the fore- going, the requirements of 4~ C.F.R. Parts 13 and 206, and ~he policies of the Federal Emergency Management Agency. ARTICLE ili. FUNDING and INSURANCE. Grantee shall provide funds to the Subgrantee for eligible activities for the projects approved by the Grantee and the Federal Emergency Management Agency, as specified in the approved Project Worksheets. Page 2 FEB Allowable costs shall be determined in accordance with 44 C.F.R. Parts 13 and 206. ~. The approved Project Worksheets shall be transmitted to Subgrantee, and shall state the cumulative funding allowed, the scope of the eligible project, and the costs eligible under this Agreement. Project Worksheets may obligate or deobligate funding, thereby amending the total amount of funding. The approved Project Worksheets shall document the total eligible costs and the total federal share of those costs, which shall be seventy-five (75) percent of all eligible costs. Contingent upon an appropriation by the Florida Legislature, the Grantee agrees tc crovide one-half of any non-Federal share for local government and Drzvate non-profit Subgrantees. As a condition of rece_p~ cf ='~ and ~ ~ an c ....... gen~ ueon a~erceria~ion by the Florida Legislature where required, the Subgrantee similarly agrees to ~_o,~_c_ any non-Federal share not paid by the Grantee B. As a condition to funding under this Agreement, the c..~- ~ ~ that the Grantee may withhold funds otherwise ~~_=nt__ acrees .... =R~ to Subgrantee from any disbursement to Grantee upon a ~=~ ~ ~ -~ion by Grantee or Federal Emergency Management Acencv that funds exceeding the eligible costs have been disbursed to Subgrantee pursuant to this Agreemen5 or any other funding agreement administered by Grantee. C. As a further condition to funding under this Agreement, the Subgrantee agrees to procure insurance sufficient for the typ_e or types of hazards for which the disaster was declared to cover Page 3 FEB 2 6 P6.j any and all projects to be funded under this Agreement where insurance is available and reasonable. Subgrantee shall provide Grantee with a certificate of such insurance as a condition to funding under this Agreement. ARTICLE IV. DUPLICATION OF BENEFITS PROHIBITION. Subgrantee may not receive funding under this Agreement to pay for damage covered by insurance, nor may Subgrantee receive any other duplicate benefits under this Agreement. A. Subgrantee shall without delay advise Grantee of any insurance coverage for the damage identified on the applicable Projec: Worksheets and cf any entitlement to ccmeensaticn or indemnifica:icn from such insurance. Subgrantee shall reimburse Grantee without delay for any due!icate benefiSs Subgrantee may receive frcm any c:her scurce for any damage identified on the ar~!icable Prcject Workskeets for which Subgran:ee has received paymen5 from Grantee, to the ex:ent of any such duplication. B. in the event that Gran:~e should determine :hat Subgrantee has received duplicate benefits, by its execu:icn of this Agreemen: :he Subgrantee gives Grantee or the Ccmpsroller of the State of Florida the authority to set off :he sum of any such duelicate benefits by withholding it from any other funds otherwise due and owing to Subgrantee. ARTICLE V. COMPLIANCE WITH ENVIRONMENTAL, PLANNING AND PERMITTING LAWS. Subgrantee shall be responsible for the implementation and completion of the approved projects described in the Project Worksheets in a manner acceptable to Grantee, and Page 4 4 ! in accordance with applicable legal requirements. The contract documents for any project undertaken by Subgrantee, and any land use permitted by or engaged in by Subgrantee, shall be consistent with the local government Comprehensive Plan. Subgrantee shall ensure that any development or development order complies with all applicable planning, permitting and building requirements. Subgrantee shall engage such competent engineering, building, and other technical and professional assistance at all project sites as may be needed to ensure that the project comp!des with the ccntrac~ documents. ARTICLE VI. ~ ~' , , x_cu__~o Documentation Reviews and !ns~ec5icns. c-.~=~_ shal~. create and maintain documentation of wo_~ Derfcrmed and costs incurred cn each prcjecn identified in a P_~iec5~ Wcrkshee5 sufficien5 tc permit a formal audit ccmmc~{~c wi~ ordinary, customary and prudent ~ublic ac~cunt~c ~~'~=~-s~.,~.~ . Uscn_ the fa{~u~e__ ~ of Subgrante~ to croat=~ and '~ <~ - further ~al~ta!L such documentation, Grante= may ~=_m_~.a~e _ ~--s~..~ .... this ~,~__~.,,~.._n~, and Subgrantee sha~__ reimburse to Grantee all payments disbursed earlier to Subgrantee, together with any and all accrued interest. A. Subgrantee shall submit the following documentation for Large Projects (the Small Project threshold for this declaration is $50,600.00): !. A Request for Advance or Reimbursement conforming to the sample attached to this Agreement as Attachment A; 2. A Summary of Documentation Form conforming to the sample Page 5 attached to this Agreement as Attachment B, which shall be supported by original documents such as contract documents, invoices, purchase orders, change orders and the like; 3. A request for final inspection; 4. A signed Project Listing upon the completion of all projects; and 5. The Project Listing and Certification specified by Paragraph B of this Article. B. For all projects, Subgrantee shall state on the Projecn Lisning and Certification that all work was performed in accordance with this Agreement and the requirements in each Project Worksheet, and shall state the date of com~!etion. C. Grantee will inspect Small Projecns by random se!ecnicn, and will conduct the final inspections cn Large Prcjecns, to ensure that all work has been cerfcrmed within the scope of wcrk scecified on the Project Worksheets. Costs not within the accrcved sccoe of work shall not be reimbursed. ~3~T!CLE Vi!. Cost Sharinc. The federal share of the eligible costs specified in the Project Worksheens under this Agreement shall be seventy-five (75) percent of such costs and the nonfederal share shall be twenty-five (25) percent. As a condition of funding under this Agreement, the Grantee shall pay fifty (50) percent of the nonfederal share and Subgrantee shall pay the remaining fifty (50) percent. Payment of all or a specified portion of the nonfederal share of such costs is ccntingent upon an appropriation defining the apportionment cf the Page 6 I FEB 2 6 nonfederal share. Administrative costs in addition to the Project Worksheets that are otherwise eligible under 44 C.F.R. Part 206 and do not require matching funds will also be funded by the Federal Emergency Management Agency. ARTICLE VIII. Payment of Costs. Grantee shall disburse the eligible costs to Subgrantee in accordance with the following procedures. A. Grantee shall disburse the federal and nonfederal shares of the eligible costs for Small Projects to Subgrantee as soon as practicable after execution of this Agreement and formal ,notification by the Federal Emergency Management Agency of its approval of the pertinent Project Worksheet. B. Grantee shall reimburse Subgrantee for the federal and nonfederal shares of the eligible costs for Large Projects as soon ~-- practicable after Subc~.~ee' ~-~~ has de!ivere~ the following c .......... s to Grantee: ~ A Request = ~ -. ~o~ Advance or Reimbursemen5 Form conforming to %he sample aStached to this Agreement as Attachment A; 2. A Summary of Documentation Form conforming to the sample attached to this Agreement as Attachment B, which shall be supported by original documents such as contract documents, invoices, purchase orders, change orders and the like; and 3. A letter or notification certifying that the reported costs were incurred in the performance of eligible work. C. Grantee may advance funds under this Agreement to Subgrantee not exceeding the federal share if Subgrantee meets Page 7 FEMA- 1393-DR-FL FEB ? 6 [ the following conditions: 1. Subgrantee shall demonstrate to Grantee that Subgrantee has procedures in place to ensure that funds are disbursed to project vendors, contractors, and subcontractors without unnecessary delay; 2. Subgrantee shall submit to Grantee the budget supporting the request; 3. Subgrantee shall submit a statement justifying the advance and the proposed use of the funds, and s~cifving__ ~ the ..... un~ of funds recuested; 4. Subgrantee shall submzt a completes Request or Advance cr Reimbursement Form; and 5. Subgrantee shall pay over to Grant~ any ~~st =arned cn advances for remittance to the Federal Emergency Management Agency as often as practicable, and in any event not later nkan ten (!0) business days after the close of each calendar cuarter. D. Subgrantee may make improvements to the projecu faci!iny !~S in conjunction with its restoration of the facility to '~ predisaster condition in accordance with ~ C = R. Par5 206 with the prior written approval of Grantee. E. In any case in which Subgrantee certifies to Grantee in writing that the restoration of a damaged public facility to its predisaster condition is not in the best interest of the public, Subgrantee may request Gran5ee and the Federal Emergency Management Agency to approve an alternate project in accordance with 44 C.F.R. Part 206 before ~he commencement of any work. Page 8 8 F. Grantee may, in its discretion, withhold its portion of the nonfederal share of funding under this Agreement from Subgrantee if Grantee has reason to expect a subsequent unfavorable determination by the Federal Emergency Management Agency that a previous disbursement of funds under this Agreement was improper. ARTICLE IX. Final Payment. Grantee shall disburse the final payment to Subgrantee upon the performance of the following conditions: A. Subgrantee shall have completed the projecu; B. Subgrantee shall have submitted the documentation s~e~_~,~ in Articles VI and VIii of this Agreement; C. in the case of Large Projects, the Grantee shall have ~e~=~-=',_c the final inspection; D in 5he case of Small Projecns, t ....... ~n~ C=~~~=icauion shall have been reviewed by Grantee, cr Grantee shall have performed a final inspection; and E. Subgranuee shall have requested final reimbursemen5. ~qTiCLE X. Records Maintenance. The funding of eligible costs under this Agreement and the performance of all other conditions shall be subject to the following requirements, in addition to such other and further requirements as may be imposed by operation of law: A. The "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments," as codified in 44 C.F.R. Part 13, as amended; Page 9 9 FEMA-1393-DR-FL B. office of Management and Budget Circular No. A-87, "Cost Principles for State and Local Governments," as amended; C. Office of Management and Budget Circular No. A-Il0, "Uniform Administrative Requirements for Grants and Other Agree- ments with Institutions of Higher Education, Hospitals and Other Non-Profit Organizations," as amended; and D. Office of Management and Budget Circular No. A-!22, "Cost Principles for Non-Profit Organizations," as amended. E. Subgrantee will maintain all documentation concerning the projects funded under this Agreement unsil the occurrence c= tke fcl~~ events whichever is the later: i. The completion of final inspection and final audit, and nke final resolution of any issues identified in the same; or exp__ation c =~- the date of final 2. The ~ = ~hree (3) years ~_, azszursement under this ~%~ = ~ · F. Subgrantee shall make all dccumennat:on conce,n,..g the projects funded under this Agreement available and accessible to tke Comptroller General of the United States, the Grantee, and Federal Emergency Management Agency benween 8:00 a.m. and 5:00 p.m. on weekdays other than official holidays. D_qTICLE XI. Reimbursement of Funds. If upon final inspection, final audit, or other review by Grantee, the Federal Emergency Management Agency or other authority determines that the disbursements to Subgrantee under this Agreement exceed the eligible costs, Subgrantee shall reimburse to Grantee the sum by which the total disbursements exceed the eligible costs within Page I0 10 forty-five (45) days from the date Subgrantee is notified of such determination. ARTICLE XII. Audit. Subgrantee shall submit an Audit of Agreement Compliance to Grantee, and shall have an independent audit performed by a Certified Public Accountant if its total expenditures of federal financial assistance for the most recent fiscal year equal or exceed $300,000.00. A. Sub~rantee will conduct the audit in accordance with the roi!owing requirements: !. The standards established by the Comptroller General of the United States, as specified in the General Accounting Office S~andards for Audit of Governmental Organizations, Prc~rams, Acziv~ _~es and Functions; 2. The standards established by the American Instisuue o= . = ~=d Public Accountants; 3. The recuiremenSs of §§ 11.45, 216.349, and 216.349!, Fla. S5a5. (200!), and the Rules of uhe Auditor General; 4. The requiremen%s of the Single Audit Act cf 1984, Pub. L. 98-502, as amended, 31 U.S.C. §§ 7501-7507, to the extent here applicable; and 5. Office of Management and Budget Circular No. A-133, as amended, to the extent here applicable. B. The audit shall be identified by the serial contract identification number for this Agreement. If the Subgrantee is a private nonprofit organization, it shall submit an organization- wide audit. Page I1 FEB 2 6 2, J2 C. The audit shall be due not later than seven (7) months after the close of the fiscal year for Subgrantee except where Grantee and Subgrantee have mutually agreed upon another date. D. Subgrantee shall conduct such additional audits as Grantee or the Federal Emergency Management Agency may determine necessary to determine the adequacy, accuracy, and reliability fo the internal procedures Subgrantee has in place to protect its assets and to ensure compliance with this Agreement. w!~hout an audit Grantee _ ~h!s Agreement is closed out '~ , E. Ic ' ' may recover from Subgrantee any disallowed costs identified in an ~' -=~r such closeout au~l~ ~= · A_RT!CLE X!i!. Noncomo!iance. I== the Subcrantee~ vio!an~s =.~_s Agreement or any !ecis!ation regulation statu~= ~= or cnker leca! ~ecu~rement amolicab!e to the ~^~= ~ ~= e of this _s~u_se~ .... = otn~_~ise due .~= ...... e..t, the Grantee may withhold any d~ ~ ~ ~' ' c,R~ ~ = for the project with reseec~ ~o which the v~o~ation _u~__an=e_ ~ - occurred until the violation is cured or has ~.=_w=se come no final resolution. ~ the violation ~s non cured, Grantee may terminate this Agreement and invoke its remedied under the Agreement in accordance with Articles XXi and XXV of this Agreement. ARTICLE XIV. Nondiscrimination bv Contractors. Subgrantee shall undertake an active program of nondiscrimination in its administration of disaster assistance under this Agreement, in accordance with 44 C.F.R. Parts 7 and 16, and 44 C.F.R Part 206. In addition, Subgrantee shall be subject to the requirements in Page 12 12 FEB 2 Pa. the General Services Administrative Consolidated List of Debarred, Suspended and Ineligible Contractors, in accordance with 44 C.F.R Part 17. ARTICLE XV. Modification. The time for performance of this Agreement may be extended once unless the failure of Subgrantee to close out the project is caused by events beyond its control. A modification extending the time for completion of the project and any other modification shall be in writing, and shall take effect cn!y upon execution by both parties. Modifications to any Project Worksheet to be funded under this Agreement may be requested by Subgrantee through Grantee, but the approval cf any such m©dificaticns shall reside in the sole discretion of tke Federal Emergency Management Agency. Any approved modification to a ~rc~'ect Wo_ks..e_t~ ~ ~ shall be noted in a Supplemental Project Worksheet for the project, if otherwise allowed under this Agreement, any extension shall be in writing and shall be subjecn to =he same terms and conditions as those set out in the initial ~.g_=_m_.~. ARTICLE XVI. Time for Performance. Time shall be cf the essence of this Agreement and of the performance of all conditions under it. Subject to any modification extending the time for the performance of this Agreement approved by Grantee or by the Federal Emergency Management Agency, the time for the performance of emergency work shall be six (6) months from the date of the Presidential Declaration. The time for the performance of permanent work shall be eighteen (18) months from the date of the 13 Page 13 FEB 2 6 2002 Pc,. /,-,-' Presidential Declaration. For Large Projects the Summary of Documentation and the supporting documents identified in Article VI of this Agreement shall be submitted ko the Grantee not later than sixty (60) days after the date of the last modification extending the Agreement. Subgrantee shall submit the completed Project Listing to Grantee not later than thirty (30) days from the completion of all work, or the approval of the Final inspection by the Federal Emergency Management Agency, whichever is later. The time for the performance of this Agreement may be extended for cause by Grantee. If any extension request is den±ed, Subgrantee shall be reimbursed for eligible project cosss incurred up tc the latest approved date for comp!erich. FaiLure ~c comp!ere any project will be adequate cause for the term!na~icn cf funding for that project. ~qTICLE XVII. Contracts With Others. Yf the Subgran%ee contracts with any other contractor or vendor for performance cf ail or any portion of the work required under %his Agreement, the Sukgrantee shall incorporate into its contrac5 w±th such consractor or vendor an indemnification clause holding Grantee and Subgrantee harmless from liability to third parties for claims asserted under such contract. ARTICLE XVIII. Termination. Either of the parties may terminate this Agreement by notice in writing delivered to the address specified in Article XXIII of this Agreement. Such termination shall take effect thirty (30) days after the date of such notice. Such termination shall not affect the rights, Page 14 14 interests, duties or responsibilities of either of the parties or any allowable costs that have accrued as of the date of the notice of termination. ARTICLE XIX. Liability. A. Grantee assumes no liability to third parties in connection with this Agreement. Unless the Subgrantee is a governmental entity covered by § 768.28(5), Fla. Stat. (2001), the Subgrantee shall be solely responsible to any and all contractors, vendors, and other parties with whom it contracts in performing this Agreement. Unless the Subgrantee is a governmental entity within the meaning of the preceding sentence, Subgrantee shall indemnify Grantee form claims asserted by to third parties in connection with the performance of this Agreement, holding Grantee and Subgrantee harmless from the same. B. For the purpose cf this Agreement, the Grantee and Sukgrantee agree that neither one is an employee or agent of the other, and that each one stands as an independent contractor in relation to the other. C. Nothing in this Agreement shall be construed as a waiver by Grantee or Subgrantee of any legal immunity, nor shall anything in this Agreement be construed as a consent by either of the parties to be sued by third parties in connection with any matter arising from the performance of this Agreement. D. Subgrantee represents that to the best of its knowledge any hazardous substances at its project site or sites are present in quantities within statutory and regulatory limitations, and do Page 15 15 FEEl 2 6 'i not require remedial action under any federal, state or local legal requirements concerning such substances. Subgrantee further represents that the presence of any such substance or any condition at the Site caused by the presence of any such substance shall be addressed in accordance with all applicable legal requirements. ARTICLE XX. Reoorts. Subgrantee shall provide Quarterly Reports to Grantee, on the Quarterly Report Form conforming to the sample attached as Attachment C. The first Quarterly Report shall be due at such time as Subgrantee is notified. All subsequent Quarterly Reports shall be due not later than thirty (30) days after each calendar quarter through final inspection. Quarterly Reports shall indicate the anticipated comp!etlon date for each project, together with any other circumsnances that may affect the completion date, the scope of work, the projec% costs, or any otker factors that may affect compliance with this Agreemen5. interim inspections shall be scheduled by Subgrantee before the final inspection, and may be required by Grantee based on information supplied in the Quarterly Reports. Grantee may require additional reports as needed, and Subgrantee shall provide any additional reports requested by Grantee as soon as uracticable. With respect to the Request for Advance or Reimbursement, the Summary of Documentation, and the Quarterly Reports, the contact for Grantee will be the State Public Assistance Officer. ~qTICLE XXI. Standard Conditions. Subgrantee agrees to the Page 16 16 /FEB 2 6 following conditions: A. The performance and obligation of Grantee to pay under this Agreement is contingent upon an annual appropriation by the Legislature and the disbursement to Grantee of federal funding in accordance with § 252.37(4i, Fla. Stat. (2001). B. Bills for fees or other compensation for services or expenses must be submitted in detail sufficient for a proper pre- audit and post-audit. C. Grantee may terminate this Agreement for refusal by the Subgrantee and its-.contractors and subcontractors to al!ow public inscection cf any records subject to the disclosure requirements in § !!9.07(!), Fla. Stan. (2001), that are made or received ~y Subgrantee or its contractors and subcontractors in connection with this Agreement. Substantial evidence of ncncomp!iance by Subgrantee or its contractors and subcontractors with these recuirements shall constitute the nonperformance cf a condition under this Agreement, and shall be adequate cause for termination. D. Subgrantee agrees that no funds disbursed to it under this Agreement will be used for the purpose of lobbying the Legislature or any of its members, any employee of the State of Florida, any member of Congress, any officer or employee of Congress, or any employee of a Member of Congress, in connection with this Agreement or any modifications to this Agreement. E. Subgrantee certifies with respect to this Agreement that it possesses the legal authority to receive the funds. F. Subgrantee agrees that responsibility for compliance with Page 17 17 FEB 2 6 20 2 this Agreement rests with the Subgrantee, and further agrees that noncompliance with this Agreement shall be adequate cause for the recission, suspension or termination of funding under this Agreement, and may affect its eligibility for funding under future Subgrantee Agreements. ARTICLE XXII. Term. This Agreement shall take effect upon its execution by both parties, and shall terminate upon the approval of closeout by the Federal Emergency Management Agency, unless terminated earlier as specified elsewhere in this ~c~vme..t Sub~rantee shall commence the project s) sDec~ea this Agreement w~thcut delay. ~qT!CLE XXiIi. Notice and Contact. All not!ces under this ~.c_~me..~ shall be in writing and sha~ be delivered by , by telefacsimile, by hand, or by certified letter ~o the ~=o~lcw~nc- - _ respective addresses. FOR THE G~NTEE: FOR THE S%TBG~TEE: W. Craig Fugate, Director Division of Emergency Management Department cf Community Affairs 2555 Shumard Oak B!vd Tal!ahassee, Florida 32399-2100 ARTICLE XXIV. designates designates Desicnation of Aaent. Subgrantee hereby as its primary agent, and as its alternate agent, to execute any Request for Advance or Reimbursement, certification, or other necessary documentation. ARTICLE XXV. Events of Default, Remedies, and Termination. A. Upon the occurrence of any one or more of the following P~¢ ~s 18 ~.~9~-p~-~ .'~?~ ~o.~ · ! FEB . 1~._ events, all obligations of Grantee to disburse further funds under this Agreement shall terminate at the option of Grantee. Notwithstanding the preceding sentence, Grantee may at its option continue to make payments or portions of payments after the occurrence of any one or more such events without waiving the right to exercise such remedies and without incurring liability for further payment. Grantee may at its option terminate this Agreement and any and all funding under this Agreement upon the occurrence of any one or more of the following: !. Any representation by Subgrantee in this Agreement is inaccurate or incomplete in any material respect, or Subgrantee has breached any condition of this Agreement or any previous agreement with Grantee and has not cured in timely fashion, cr is unable or unwilling to meet its obligations under this Agreement. 2. Subgrantee suffers any manerial adverse change in its financial condition while this Agreement is in effect, as compared to its financial condition as represented in any reports or other documents submitted to Grantee, if Subgrannee has non cured the condinion within thirty (30) days after notice in writing from Grantee; 3. Any reports required by this Agreement have not been submitted to Grantee or have been submitted with inaccurate, incomplete, or inadequate information; or 4. The monies necessary to fund this Agreement are unavailable due to any failure to appropriate or other action or inaction by Congress or the Legislature, or due to any action cf Page 19 19 FEB 2 6 2OO2 P~. ~ the Office of the Comptroller or the Office of Management and Budget. B. Upon the occurrence of any one or more of the following events, Grantee may at its option give notice in writing to Subgrantee to cure its failure of performance if such failure may be cured. Upon the failure of Subgrantee to cure, Grantee may exercise any one or more of the following remedies: 1. Terminate this Agreement upon not less than fifteen 15) days notice of such termination by certified letter to the Subgrantee at the address specified in Article XX!iI cf this Agreement, such notice to take effect when delivered to Subgrantee; 2. Commence a legal action for the judicial enforcemenn of this Agreement; 3. Withhold the disbursement of any payment or any pornzcn of a payment otherwise due and payable under this Agreement or any other Agreement with Subgrantee; and 4. Take any other remedial actions which may otherwise be available under law. C. Grantee may terminate this Agreement for any misrepresentation of any material fact, for the failure or nonperformance of any condition or obligation under this Agreement, or for noncompliance with any applicable legal requirement. D. Rescission, suspension or termination of this Agreement shall constitute final action by the Grantee within the meaning of [ FEB 2 6 the Administrative Procedure Act, as amended. Notwithstanding the preceding sentence, any deobligation of funds or other determination by the Federal Emergency Management Agency sha~l be addressed in accordance with the regulations of that Agency. E. Upon the rescission, suspension or termination of this Agreement, the Subgrantee shall refund to Grantee all funds disbursed to Subgrantee under this Agreement. F. The venue of any action or proceeding by either Grantee or Subgrantee for the enforcement of this Agreement or for an adjudication of the rights, interests, or duties of the parties to ~ shall lie in Leon County, State of Florida G. ~otwithstanding anything to the contrary elsew Agreement, the rescission, suspension or termination of this ~.=_= ..... nt by Grantee shall not relieve Subgrantee of liability to Grannee for the restitution of funds advanced to Subgrantee under this Agreement, and Grantee may set off any such funds by winhhoiding future disbursements otherwise due Subgrantee under this Agreement or any other Agreement until such time as the exact amount of restitution due Grantee from Subgrantee is determined. in the event the Federal Emergency Management Agency should deob!igate funds formerly allowed under this Agreement or under any other Agreement funded by the Agency and administered by Grantee, then Subgrantee shall immediately repay such funds to Grantee. If the Subgrantee fails to repay any such funds, then Grantee may recover the same from funding otherwise due Subgrantee in accordance with this Article. Page 21 21 FEMA-1393-DR-FL.~ NO. ]b E\LZ_ FEB 2 G 2002 ARTICLE XXVI. Attachments. A. Ail attachments to this Agreement are incorporated into this Agreement by reference as if set out fully in the text of the Agreement itself. B. In the event of any inconsistencies between the language of this Agreement and the Attachments to it, the language of the Attachments shall be controlling, but only to the extent of such inconsistencies. This Agreement has the following attachments: C Attachment A Attachment B Attachment C "Request for Advance or Re'~ .... = ..... "Summary of Documentation" "Quarterly Report Schedule and Page 22 22 FEB 2 6 EXECUTIVE SUMMARY APPROVE A TRANSPORTATION AGREEMENT WITH TIIE COLLIER COUNTY SCHOOL BOARD FOR CAMP Objective: To obtain transportation services for camp participants in a cost-effective and reliable m,q rlrler. Considerations: For the past fifteen (15) years Collier County has entered into similar agreements with the Collier County School Board. The attached Agreement provides for use of school buses by the Parks and Recreation Department to transport camp participants on field trips to enhance our program. The attached School Board Agreement provides for use of school buses and drivers (Option A) to transport Parks and Recreation Department program participants to recreational/educational attractions. The County will pay the School Board a per hour rate of $17.78 for use of the bus and a driver. This rate is calculated from the time said bus leaves from and returns to their transportation barn. Additionally a rate ofSl.11 per mile is charged. Under Item # 7 of the Agreement and pursuant to Section 234.211(2) (b), Florida Statutes, the County has provided a Certificate of Proof of Required Liability Insurance to the School Board in the amount of $100,000. Past price quotes from similar vendors have been higher and their service level was not acceptable. Due to its large fleet of buses and very reliable service, it is requested that the County continue this mutually beneficial arrangement utilizing the School Board's buses. Staff anticipates the total contract to amount to S47,000 for FY 02. The per hour rate of S17.78, and the total contract amount of S47,000 is the same as last 3'ear. Upon Board authorization, the transportation agreement will be effective until August 31, 2002. Fiscal Impact: Funds totaling S47,000 are budgeted in FY 02 in the Golden Gate Communi~' Center Fund (130) and the MSTD General Fund (111) to support this Agreement for each of the six camp locations. Additionally, offsetting revenues, also budgeted in FY 02, will be received from recreational pro,ams participation fees. Growth Management: There is no impact to the Growth Management Plan related to this action. Recommendation: Staff recommends that the Board of County Commissioners authorize the Board Chairman to execute the attached agreement to utilize school buses driven by School Board bus drivers at reasonable rates (Option A). AGENDA ITEM No. \_ FEB 2 6 zOOZ Pg. I Prepared by:_ Debbie Roberts, Operations Manager Department of Parks and Recreation Reviewed by:_ ~fla ~amsey, D~ector Depament of Parks and Recfe~on Reviewed by: ~t~e ~a~elij Dire~or Purchasing Depa~ent Reviex,'ed by: J&n Du~nU~k. Administrator ~vis~on of Pubhc Se~'~ces Date: Date: Date: Date: ~/~//~ I,./ · F E S ~.~ ?~. TRANSPORTATION AGREEMENT FOR G O VE R~N-M-ENTzX~L AGENCY THIS AGRE. E~'EENT made and entered into this c~ '~ day of. _ "--'/ , 2001 and benveen the DISTRICT SCHOOL BOARD OF COLLIER COUNTY, FLORIDA (School Board), and the COLLIER COLrNTY PARKS AND RECREATION, (Agency). x, VIt'EREAS, Chapter 234 of the Florida Statutes authorized local school districts to enter into a~eements with organizations identified herein as Agency, for the use of school buses belonging to the school disrr-ict, and WI~REAS, the Agency desires to utilize the school buses of the school district, and '~VHEREAS, Section 234.211(1)(a), Fla. Stat., provides that each school district may enter into a~eements with the govern/ng body of a county or municipali .t7 in the school district or any state agency for the use of school buses of the school district for transportation of the elderly, transportation disadvantaged or for any county, municipal or state purpose, and WHEREAS, this Agreement contemplates three (3) use options with concomitant reimbursement available to the Agency. IT IS THEREFORE AGREED that the school board shall provide buses, drivers or ESE attendants in accordance with the terms provided herein: Option A - Bus and Driver a. Agency shall reimburse the School Board for each vehicle with driver at the rate of S17.78 per hour and $1.11 per operated mile for each bus and driver plus a fee (labor rate as needed) for cleaning and maintenance. Operated mile is defined as every mile driven for each bus operated in support of the Agency's Program, whether 5vith passengers or not, and to include necessary trips to and from a School Board Transportation Department. Mileage will be recorded and billed by the School Board Agency will be billed a minimum of t~vo hours plus mileage for each vehicle and driver. Or)tion B - Bus. Driver and ESE Attendant a. Agency shall reimburse the School Board at the rate of $29.97 per hour and $1.11 per operated mile for each vehicle with driver a_nd ESE attendant plus a fee (labor rate as needed) for cleaning and maintenance b. Agency shall be billed a minimum of two hours plus mileage for each vehicle with driver and ESE attendant. _Option C - Bus Only a. Agency shall reimburse the School Board at the rate of S1.11 per operated mile for each bus. b. Each bus will be returned to the Transportation Department of the School board at the end of each operating day. c. Agency will be assessed a cleaning fee (labor rate as needed) for each bus checked back if it is not clean. d. Buses will only be operated by employees of the Agency who are licensed and approved as school bus drivers by the Department of Transportation of the School Board. The Agency agrees that all requests for use of buses, drivers and ESE attendants will be made at least two weeks prior to the date requested. All service is contingent upon bus and/or driver and/or ESE attendant availability. The Agency agrees that in the event of a cancellation the School Board will be given at least 24. hours advance notice. In the event the notice of cancellation issued to the School Board is less than 24 hours, a 2 hour charge per vehicle will be due and payable to the School Board. Payment for services rendered or due shall be assessed by the School Board by the l0th of each month and paid by the Agency by the 30m of each month. Agency shall provide the School Board ruith evidence of liability insurance in connection with this agreement. The Agency, pursuant of Section 234.211 (2)(b), Fla. Stat., shall for purposes of liability for negligence be covered by Section 768.28, Fla. Stat. ] ~,~en~ta _Itt · the l~us. No. [_!_~)~ The Ac, ency am-ees that there shall be no fee charged to passengers on 10. 11. 12. 13. 14. Effective January 1, 1995, each Agency entering into a Transportation Agreement with Collier County Public Schools under Option C shall comply fully with the Omnibus Transportation Employee Testing Act of 1991. The Act requires persons who are operators of commercial motor vehicles, including school bus drivers, and who are subject to the requirement of a Commercial Driver License (CDL), be tested for drugs and alcohol in compliance with the Act. The Agency may utilize the school district's approved testing lab and the Agency shall pay the costs for each person tested by the laboratory. The use of vehicles by the Agency shall at all times be subject to rules adopted by the School Board. The Agreement shall commence on the date first above written and remain in effect through August .31, 2002. This Agreement represents the entire Agreement between the parties and may not be amended except by xvritten instrument signed by all parties hereto. .~1 the terms and provisions of this Agreement shall be binding upon, inure to the benefit of, and be enforceable by the parties and their legal representatives, successors and ~.ssisns. Lpg. .L-N WITNESS WHEREOF, written. the parties have executed this Agreement of the day and year first above Signed in the Presence of: Print Name: DISTRICT SCHOOL BOARD OF COLLIER COL~TY BY: Dr. Dan W. White, Superintendent BY: ~0 Chair Print N ~a~~. COLLItiR COUNTY PARKS AND RECd..AcTION BY: BOARD OF COb~TY COFk~!ISSIONERS COLLIER COU/~TY, FLORIDA BY: Name: James N. Coletta Title: Chairman Al~tant Co~ty A .... .~y ATTEST: DWIGHT E. BROCK, Clerk BY: Deputy Clerl~ Agend~ It.e~ ! -! EXECUTIVE SUMMARY APPROVE A BUDGET AMENDMENT TO RECOGNIZE REVENUE INSURANCE PROCEEDS TO REPLACE TWO STOLEN MOWERS. FROM Objective: To obtain Board approval of a budget amendment to recognize revenue from equipment loss insurance proceeds. Consideration: Two industrial mowers were stolen from the Vineyards Community Park. The insurance proceeds received from the claim total $9,678. The cost to replace the two mowers exceed the insurance proceeds due to equipment depreciation, however with other capital equipment funding in the current budget, the department will purchase replacement mowers. Since the theft occurred, a chain linked maintenance compound and storage building has been built. This should prevent future thefts from this facility. Fiscal Impact: A budget amendment is needed to recognize revenue in Parks/MSTD Fund 111 - Equipment Loss Proceeds/Insurance and transfer funds to - Capital Other machinery and Equipment. The insurance proceeds total $9,678. Growth Management: None Recommendation: amendment. Prepared by: .,,James Fitzek, Operations Manager ~ Parks and Recreation Department Reviewedby:~/~'~ Mm'la Ramsey,~Dir~,~o~ Parks and Recreation'~e~nment Approved by: Joh~ Dunnuck, Administrator PulS{lc Services Division That the Board of County Commissioners approve the necessary budget Date: AGENDA ITEM No._/(' t~ ~ FEB 2 6 2.(]02 pg. EXECUTIVE SUMMARY APPROVE APPLICATION FROM NATIONAL RECREATION AND PARKS ASSOCIATION FOR ACCREDITATION OF PARKS AND RECREATION AGENCIES Objective: That the Board of County Commissioners approve applying for accreditation, from the Commission for Accreditation of Parks and Recreation Agencies. Consideration: The Accreditation of Parks and Recreation Agencies sponsored by National Recreation and Park Association gives accreditation to Parks and Recreations throughout the country based on a comprehensive self-assessment report, which includes our current policies and procedures within the department. The self-evaluation can increase operational efficiencies and effectiveness by clarifying and updating current policies and procedures. The standards for meeting the accreditation are high; currently only 33 have achieved this accreditation nationally and only 7 have achieved this accreditation in Florida. Accreditation from the Commission for Accreditation of Parks and Recreation Agencies will give Collier County Parks and Recreation recognition as a leader in the State of Florida in the field of Parks and Recreation. Credibility given to the department increases chances of receiving funding and recognition. This accreditation will give the community confidence in the ability of staff and department to provide outstanding park and recreation services. Elected officials are acknowledged as effective and efficient guardians of the public interest in recreation and leisure and of the public resources provided for recreation and leisure. Fiscal Impact: The initial application fee of $100 is budgeted in 02, and a projected total accreditation cost of $7,000 will be budgeted in FY03. Funds are budgeted in Other Miscellaneous SerMces, MSTD General Fund (111). Growth Management: There is no impact to the Gro;~,th Management Plan related to this action. Recommendation: That the Board of County Commissioners approve an application for accreditation of Parks and Recreation Agencies from National Recreation and Park Association. Prepared by: z~,Z ~,~ Debbie Roberts, Operations Coordinator Department of Parks and Recreation Reviewed and .////~/ 2 //~ Approved by: //I/{~4..(~ Maria Olsvig Ramsey, Dir~'ctor Department of Parks and Recreation Date: :--~- ~,-© .3. Date: Agende_Item Approved by: ~/,tTvvYL~ JohffDunnu~:k, Administrator Di~sion of Public Services Date: ~ J'77t~ E NAME OF PUBLIC ENTITY Narae of Chief Executive Title PRELIMINARY APPLICATION FOR PARK AND RECREATION AGENCY ACCREDITATION date of application Please print or type Collier County Parks & Recreation James N. Coletta Chairman ' II. Name of City/Counb'Manager, if one Tom Olliff NAME OF AGENCY ADMINISTERING PARK AND RECREATION SERVICES Collier County N amc of Agency Administrator Title laRamse Director Park~ & Recreation Director Address (office, street) 3300 Santa Barbara Blvd. Ci~' Naples State FL ZIP 34116 Phone (941) 353-0404 FAX (941) 353-1002 111. NAME OF DEPARTMENT OR DIVISION UNDER OR WITHIN WIIICH TilE AGENCY IS LOCATED, (IF APPLICABLE) Public Services Division Name of Chief Administrative Officer Title Public Services John Dunnuck Administrator ur. for.t to: AIIiso. R. Perso, Agency Accreditation Coordinator t Commission for Accreditation of Park and Recreation Agencies National Recreation and Park Associatio. 22377 Belmont Ridge Road Ashbum, VA 20148 AGENCY NAME: AGENCY PROFILE (Most current year) Collier County Parks & Type of Entity (jurisdiction): Recreation borough town township Check each category once. regional/metro authori~' private district school other Polic.v Structure: X legal independent board under policy governing body (e.g. city council, school board, other (specie') county commission) Population in Area Served: (Gold Medal A~xard categories) X Class 1: over 250,000 population Class 2:100,000 - 250,000 Class 3:50,000 - 99,999 Class 4:20,000 - 49,999 Class 5: under 20,000 Budget: (traditional park and recreation functions; does not include zoos, libraries, cemeteries, civic centers.;arcnas) Operating budget: $ 13,730,460 Capital budget: $ 15,019,100 Personnel: Number of full-time employees: Scope of Function: both parks and recreation 159 parks only recreation Agenda It~ FEB W: herewith submit our agency profile and preliminary application for participation in the agency accreditation program. Our · $100 Preliminary Application Fee is enclosed. · It is our understanding that We will receive the Self Assessment Manual and the Visitation Procedures plus a computer disk for developing the self assessment report; and that we are eligible to attend a visitor training workshop in order to familiarize ourselves with the standards and suggested evidences of compliance. ~ . The self assessment report with the Formal Application and fee must be submitted within two years. The fee amount, based on our operating budget, is determined according to the scale below, established by the Commission. 2 If circumstances warrant, we understand that a one-year extension may be requested and an additional $50 paid. Operating Budget under $500,000 $500,000--$ I million Sl million -- $2.5 million $2.5 million -- $5 million Fee $150 $250 $500 $1,000 Operating Budget Fee $5 million -- $9.9 million $1,500 $10 million -- $14.9 million $2,000 $15 million -- $24.9 million $2,500 over $25 million S3,000 In addition, we ac'knowledge our responsibility for covering the expenses of thc visitation team and for the chair of the team to attend the Cornrnission meeting at the time of our Agency's review. We Will familiarize ourselves with the details regarding policies and procedures of the Accreditation process in the official publication, V~sitation Procedures. 3 2-28-04 .~'c anticipate being able to submit the self assessment report on date ATTACHMENT: Our Agenc.v Profile is attached. Signatures: Public Entir:, Chief Executive James N- Coletta date Park and Recreation Agency Administrator Maria Ramsey date An agency is held accountable to the standards in effect at the time of this application. Agencies v, ill be intbrme of upcoming training sessions and other pertinent information regarding the accreditation program. Your formal application fee schedule is the one in effect at the time of the preliminary application. Usually the visitation takes place within 60 days of submission of the reporl. EXECUTIVE SUMMARY APPROVE TIlE OLDER AMERICANS ACT CONTINUATION GRANT AND AUTHORIZE THE ~ HAIRMAN TO SIGN TIlE CONTRACT BETWEEN COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AND THE AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC., DfB/A SENIOR SOLUTIONS OF SOUTttWEST FLORIDA, AND AUTHORIZE INCREASE OF ONE PERMANENT PART TIME POSITION TO PER~,IANENT FULL TIME STATUS OBJECTIVE: The execution of this contract is necessary for uninterrupted support services to Services fox Seniors' frail, elderly clients. CONSIDERATIONS: Collier County Services for Seniors has been providing in-home support services to Collier County's frail elderly for the past 27 years through the Older Americans Act program. This continuation grant in the amount of $658,100 for the period January 1, 2002 through December 31, 2002 will allow the delivery of homemaking services, medical and meal transportation, congregate and home delivered meals, nutrition education and legal services to the County's frail elderly preventing premature and costly institutional placement. The majority of these clients would be unable to remain in their homes without this help. The County's cash matching funds for this grant is $45,100, which was approved in the fiscal year 2001-2002 budget. GROWTH MANAGEMENT: There is no growth management impact from this recommendation. FISCAL IMPACT: The total grant amount of S658,100 is funded from the State of Florida grants and aids appropriation administered by the Area Agency on Aging. Of the total grant award, S233,920 will require budget ame'ndments to recognize the direct funding portion to the County for administration, transportation, and case ,~-,management. The direct portion of this grant includes a new program under Title IIIE of the Older Americans kct called the National Family Caregiver Support Program. The additional award will require 1 full time case management position currently funded as part-time at .5 FTE. Personal services expenses associated with the additional .5 FTE total $9,357 for the remainder of FY02 and $27,567 annually therea?ter. The new Title IIIE grant and increased Title IIIB funding xvill fund the increased cost. No additional local County matching funds will be required to fund the full time position. The remaining S424,180 will be retained by the Area Agency on Aging who contracts directly with service providers to pay for direct services authorized by Collier County Services for Seniors. A total of $45,100 in local cash matching funds was approved in the FY 2001-2002 budget as a contribution from General Fund (001) to Services For Seniors Fund (123). RECOMblENDATIONS: Staff recommends that the Board of County Commissioners approve the OAA continuation grant and authorize the Chairman to sign the contract and approve the necessary budget amendments. The agreement has been reviewed and approved by the County Attorney. Prepa red by: ~~ x,~'-~(~t/? Date: ,5~/,,~/~ John~en'~ll, Manager Senior Program Services Reviewed and ~~ //~ Approved by://~/~...~/~.~///c~c/~-- - ~ar~ ~(iams, Social ~ices Reviewed and ~ ~ f/ Approved by: Xlff~ ~ /~_ / L Jo Dunnuck, Director Public Services Administrator Date: Date: 01/01/02 Contract Number OAA 203.02 STANDARD CONTRACT AREA AGENCY ON AGING Collier County Board of Count)' Commissioners THIS CONTRACT is entered into and between the Area Agency on Aging for Southwest Florida, Inc., DBA Senior Solutions of Southwest Florida, hereinafter referred to as the "agency", and the Collier County Board of County Commissioners, hereinafter referred to as the "recipient." This contract is subject to all provisions contained in the MASTER AGREEMENT executed between the agency and the recipient, A~eement No. OAA 203.02, and its successor, incorporated herein by reference. The parties agree: Recipient Agrees: A. Services to be provided: To plan, develop, and accomplish the services delineated, or otherwise cause the planning, development, and accomplistm~ent of such services and activities, under the conditions specified and in the manner prescribed in Attachment Iofthis agn-eement. Final Request for Payment: The recipient must submit the final request for payment to the agency no more than 45 days after the contract ends or is terminated; if the recipient fails to do so, all right to payment is forfeited, and the agency will not honor any requests submitted after the aforesaid time period. Any payment due under the terms of this contract may be withheld until all reports due from the recipient, and necessary adjustments thereto, have been approved by the agency. II. The Agency Agrees: Contract Amount: To pay for contracted sen'ices according to the conditions ofAttachrnent I in an amount not to exceed S 658.100.00, subject to the availability of funds. The State of Florida's performance and obligation to pay under this contract is contingent upon an armual appropriation by the Legislature. The costs of services paid under any other contract or from any other source are not eligible for reimbursement under this contract. The funds awarded to the recipient pursuant to this contract are in the state gants and aids appropriations and consist of the folloxving: AGENDA ITEM~ FEB 2 6 zuu Pg... ~ _ 01/01/02 Contract Number OAA 203.02 Pro,am Title Year Lead Agency Operations CFDA# t Fund Amounts Title IIIB Support 2002 Lead Agency Operations 93.044 S 41,940.00 Sen, ices Title III C1 2002 Lead Agency Operations 93.045 S 23,408.00 Con~egate Meals Title III C2 Home 2002 Lead Agency Operations 73.045 ~ S 25,401.00 Delivered Meals Title III E Ser~,ices 2002 Lead Agency Operations 93.052 $ 7,966.00 $ TOTAL LEAD AGENCY OPEIL4~TIONS S 98,715.00 /-~f"~X'W t IX]~I'I IN THIS CONTRACT: 'Pro,am Title Year Spending Authority CFDA# Fund Amounts Allocation Title IIZB Support 2002 Spending Authority 93.044 S 237,663.00 Services Title III C1 2002 Spending Authority 93.045 S 1.~_,6-~6.00 Con~egate Meals Title III C2 Home 2002 Spending Authority 93.045 S 143.936.00 Delivered Meals Title III E Set, ices 2002 Spending Author~' 193.052 1s 45.140.00 TOTAL SPENDING AUTHORITY IS 559,385.00 ALLOCATIONS CONIAINED IN THIS r'r~\'Tl~ fi, CT, The legal services allocation for CounD' is S 10.724.00. This allocation is included in the Title III-B spending authoriW allocation shown above. III. Recipient and Agency Mutually Agree: Ao Effective Date: 1. This contract shall begin on January 1, 2002 or on the date the contract has been si~ed by both parties, whichever is later. 2. This contract shall end on December 31. 2002. AGENDA ITEN~ No._ It_r) FEB 2 6 pg. 3 01/01/02 Contract Number OAA 203.02 Be Termination, Suspension, and/or Enforcement: The causes and remedies for termination or suspension of this contract shall folloxv the same procedures as outlined in Section III. B. And Section III. C. of the Master A~eement. Ce Recipient Responsibility: Notxvithstanding the language contained in Section I.S.1 of the Master A~eement, the recipient maintains responsibility for the performance of all sub-recipients and vendors in accordance with all applicable federal and state laws. Notice, Contact, and Payee Information: 1. The name, address, and telephone number of the contract manager for the agency for this contract is: Terry White, Executive Director Area Agency on Aging for Southwest Florida, Inc. D/B/A Senior Solutions of Southwest Florida 2285 First Street Fort Myers, Florida 33901 941-332-4233 / SC 7~48-6947 The name, address, and telephone number of the representative of the recipient responsible for administration of the pro.am under this contact is: Barry Williams Collier Count).' Board of Count)' Commissioners Collier County Services for Seniors Collier County Government Center, Bldg H 3301 East Tamiami Trail Naples, Florida 334112 (941) 774-8443 Fax (941) 774-3430 o In the event different representatives are desig-nated by either party, after execution of this contract, notice of the name and address of the new representative will be rendered in writing to the other party and said notification attached to originals of this contract. The name (recipient name as shoxvn on page 1 of this contract) and mailing address of the official payee to whom the payment shall be made: Collier County Board of County Commissioners Collier County Services for Seniors Collier County Government Center, Bldg H 3301 East Tamiami Trail Naples, Florida 334112 (941) 774-8443 Fax (941) 774-3430 AGENDA ITEMi No._L O FEB 2 6 ZdUZ 01/01/02 Contract Number OAA 203.02 UNLESS THEREOF, the parties hereto have caused this 1 ~page contract to be executed by their undersigned officials as duly authorized. RECIPIENT: Collier Count)' Board of County Commissioners BO.MU) pRESIDENT OR AUTHORIZED DESIGNEE AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC. DBA SENIOR SOLUTIONS OF SOUTHWEST FLORIDA SIGNED BY: N.~\iE' James N. Coletta SIGNED BY: N,~M\iE: GINGER KOCH TITLE: Chairman DATE: FEDERAL D NIJMBER: 59-6000558 RECIPIENT FISCAL YEAR END DATE: TITLE' DATE: September 30 BOA. RD PRESIDENT Approved as to legal form and sufficiency by: Ramiro Manalich Chief Assistant County Attorney 01/01/02 Contract Number OAA 203.02 ATTACHMENT I OLDER AMERICANS ACT PROGRAM I. STATEMENT OF PURPOSE The Older Americans Act (OAA) Pro.am is a federal pro.am, which provides assistance to older persons and caregivers. II. SERVICES TO BE PROVIDED te Ser~'ices: The service recipient's application for the calendar year 2002, and any revisions thereto approved by the agency and located in the agency's file, are incorporated by reference in this contract between the agency and the recipient, and prescribe the services to be rendered by the recipient and prescribe the manner in which the recipient will meet the requirements of the Older Americans Act as amended in 2000. B. 5Ianner of Service Provision: The sen'ices wilt be provided in a manner consistent with and described in the recipient's sen'ice recipient's application for calendar year 2002, the draft Department of Elder Affairs Client Services Manual dated 12/98, the Department of Elder Affairs National Family Caregiver Support Progam Guidelines, and the Department of Health and Human Services, Office of Assistant Secretary, Administration on Aging, Prog'ram Instruction, AoA-PI-01-02. In the event the manual or guidelines are revised, such revision will automatically be incorporated into the contract and the recipient will be given a copy of the revisions. The recipient agrees to perform the services of this contract in accordance with all federal, state, and local laws, rules, regulations and policies that pertain to Older Americans Act funds. III. METHOD OF PAYMENT The method of payment in this contract includes advances, cost reimbursement for lead agency operations costs and Title 1II E services and fixed rate for other services. The recipient must ensure all costs and fixed rates include only those costs which are in accordance xvith all applicable state and federal statutes and regulations and are based on historical costs and audited historical costs when applicable. The recipient shall consolidate all requests for payment and all expenditure reports that support requests for pa:~ment from sub-recipients and vendors and shall submit to the department on forms 106A, 105A and 106E, and INVOICE FOR SERVICES AND CONTRIBUTION REPORT. Be The recipient shall maintain documentation to support payment requests, which shall be available to the Comptroller or the agency upon request. AGENDA ITE-'-~M~ No._J&_P "q FEB 2 6 pg._6, 01/01/02 Contract Number OAA 203.02 C. The recipient if eligible may request a monthly advance for each of the first two months of the contract period, based on immediate anticipated cash needs. Detailed documentation justifying cash needs for advances must be submitted with the signed contract, approved by the agency, and maintained in the agency's file. For profit organizations cannot receive advance funds. All payment requests for the third through the twelfth months shall be based on the submission of monthly actual expenditure reports beginning with the first month of the contract. The schedule for submission of advance requests is ATTACHMENT II to this contract. Reconciliation and recouping of advances made under this contract are to be completed by the time the final pa3~nent is made. All advance payments are subject to the availability of funds. D. A final receipt and expenditure report (closeout report) will be fo~varded to the agency within sixty (60) days after the' contract ends or is terminated. All monies, which have been paid to the recipient and not used to retire outstanding obligations of the contract being closed out, must be refunded to the agency along with the final receipt and expenditure report. E. Any payment due by the agency under the terms of this contract may be withheld pending the receipt and approval by the agency of all financial and pro~ammatic reports due from the recipient and any adjustments thereto, including any disallowance not resolved as outlined in Section I.T. of the Master A~eement. F. The recipient a~ees to implement the distribution of funds as detailed in the service recipient's application and, ATTACHMENT III to this contract..Any changes in the amounts of federal or general revenue funds identified on ATTACHMENT III require a contract amendment. Go Financial Reports: The recipient a~ees to provide an accurate, complete and current disclosure of the financial results of this contract as follows: 1. To submit all requests for pa3Jnent and expenditure reports according to the fommt, schedule and requirements specified in ATTACHMENT I. The completed manual units of service portions of the Older Americans Act Annual Report, if applicable, are due to the agency on or before October 5,2002. The agency will obtain the remaining Report sections from the Consumer Information, Registration and Tracking System (CIRTS). FEB 2 fi zUUZ 6 Pg' ''~ 01/01/02 Contract Number OAA 203.02 IV. SPECIAL PROVISIONS A. Consumer Contributions and Co-payments for Services 1. The recipient assures compliance with Section 315 of the Older Americans Act as amended in 2000, in regard to consumer contributions. For services not paid for with Older Americans Act funds, recipients may charge co-payments to those persons able to pay part or all of the cost of services. 2. Voluntary contributions are not to be used for cost sharing or matching. 3. Accumulated voluntary contributions are to be used prior to requesting Federal reimbursement. 4. Voluntary contributions and related interest earned are pro,am income and must be used to expand services. B. Match The recipient will provide match of at least 10 percent of the cost for all services. The recipient's match will be made in the form of cash, and/or inkind resources. At the end of the contract period, all Older Americans Act funds must be properly matched. C. Title III Funds The recipient assures compliance with Section 306 of the Older Americans Act :~-nendments as amended in 2000, that funds received under Title III will not be used to pay any part of a cost (including an administrative cost) incurred by the recipient to carry out a contract or commercial relationship that is not carried out to implement Title 12I. D. Carry Forward Funds Fo Carry forsvard funds must be identified on the computation of carD' forward report submitted with the closeout report and requests, for award of carry forward funds must be justified by the recipient and approved by the agency. All OAA carry forward funds must be budgeted in the same title as originally awarded. Prioritization for Service Delivery The recipient shall develop and implement policies and procedures consistent with Older Americans Act targeting criteria. AGENDA IT .EN~ No._/_6,_3 Information and Referral FEB 2 B zooz Pg. ~ 01/01/02 Contract Number OAA 203.02 The recipient shall ensure, tlu-ough training and periodic monitoring, all Information and Referral/Assistance pro.ams operating in their county adhere to the Standards for Professional Information & Referral, ATTACHMENT IV, to this contract. The basis of these agency standards are the standards published by the Alliance of Information & Referral Systems (ARES), copyright 2000, and amended by the agency and/or Department of Elder Affairs to meet the unique needs of the Elder Helpline system. G. Service Cost Reports: The recipient will submit semi-annual ser¥ice cost reports, which reflect actual costs of providing each service by pro.am. This report provides information for planning and negotiating unit rates. H. Caregiver Forums Recipients are encouraged to assist with local caregiver forums. Caregiver Forums are defined in the Department of Elder Affairs Title III-E National Family Caregiver Support Guidelines. AGENDA ITEM FEB 2 6 7002 Pg. ~ bl/01/02 Contract Number OAA 203.02 ATTACHMENT II OLDER AMERICANS ACT PROGRAM Report Number CONTRACT REPORT CALENDAR ADVANCE BASIS CONTRACT Based On Submit to Agency On This Date 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Legend: Note # 1' Note # 2: January Advance* February Advance* January Expenditure Report February Expenditure Report March Expenditure Report April Expenditure Report May Expenditure Report June Expenditure Report July Expenditure Report August Expenditure Report September Expenditure Report October Expenditure Report November Expenditure Report/Jan. Adv. Recon. ** December Expenditure Report/Feb. Ad,,'. Recon. ** Final Expenditure and Request for Payment Report Closeout Report January 1 January 1 February 10 March 10 April 10 May 10 June 10 July 10 August 10 September 10 October 10 November 10 December 10 January 10 February 15 March 1 Advance based on projected cash need. Submission of expenditure reports may or may not generate a p%Tnent request. If final expenditure report reflects funds due back to the agency, payment is to accompany the report. Report #1 for Advance Basis Contracts cannot be submitted to the State Comptroller prior to January 1 or until the contract with the agency has been executed and a copy sent to the Comptroller. Actual submission of the vouchers to the State Comptroller is dependent on the accuracy of the expenditure report. The last t~vo months of the recipient's fiscal reports covering actuaI expenditures shall reflect an adjustment repaying advances for the first two months of the contract, if advances have not been recouped. 9 FEB 26 ZUL]Z pg. 01/01/02 Contract Number OAA 203.02 ATTACHMENT III OLDER AMERICANS ACT PROGRAM RECIPIENT: Collier County Board of County Commissioners Services Total Cost Reimbursement Rate Screening & Assessment S22.96 S20.67 nformation S3.35 S3.01 Referral S3.55 53.19 Transportation - Group $10.49 S9.44 AGENDA ITkM NO. F E B 2 [ 10 Pg.. II ... 01/01/02 Contract Number OAA 203.02 ATTACHMENT IV OLDER AMERICANS ACT PROGRAM SUMMARY OF STANDARDS FOR PROFESSIONAL INFOR31ATION & REFERRAL I. SERVICE DELIVERY Standard 1: Information Provision The Information and Referral (I & R) service shall provide information to the inquirer in response to a direct request for such information. Information can range from a limited response (such as organization's name, telephone number, and address) to detailed data about community service systems (such as explaining how a ~oup intake system works for a particular agency), agency policies, and procedures for application. Every call, including information only calls, shall be documented. Documentation shall include the type of information requested and the action taken. Standard 2: Referral Provision The I & R ser¥ice shall provide information and referral services in which the inquirer has one-to-one contact with an I & R specialist. The referral process consists of assessing the needs of the inquirer, identif54ng appropriate resources, assessing appropriate response modes, indicating organizations capable of meeting those needs, providing enough information about each organization to help inquirers make an informed choice, helping inquirers for whom services are unavailable by locating alternative resources, and, actively participating in linking the inquirer to needed services. Follow-up is required for each referral. The referral cannot be counted until follow-up is complete. Standard 3: AdvocacvFIntervention The I & R service shall offer advocacy to ensure that people receive the benefits and services to which they are entitled and that organizations within the established service delivery system meet the collective needs of the community. For purposes of these standards, "advocacy" does not include legislative advocacy (lobbying). All advocacy efforts shall be consistent with policies established by the governing body of the I & R service and shall proceed only with the permission of the inquirer. Standard 4: Folios','- Up Follow-up on referrals must be completed within 10 calendar days either by telephone or visit, to determine that services are being provided and that the person or caregiver is satisfied v¢ith the services as provided unless a crisis situation suggest noreimmediate--- AGENDA ITEM folloxv-np. No. [ ~, iD ._L__{ FEB 2 6 ZUUZ 11 Pg. l~ 01/01/02 Contract Number OAA 203.02 II. RESOURCE DATABASE Standard 5: Inclusion/Exclusion Criteria The I & R service shall develop criteria for the inclusion or exclusion of agencies and pro,ams in the resource database. These criteria shall be uniformly applied and published so that staff and the public xvill be aware of the scope and limitations of the database. Standards 6: Data Elements A standardized profile shall be developed for each county's organization. The database shall include a recipient's legal name, common name and acronym, address (mailing and physical location) telephone number(s) and a description of services. Standard 7: Indexing the Resource Database/Search Methods Information in the resource database shall be indexed and accessible in ways that support the I & R process. Standard 8: Database Maintenance The resource database shall be updated through continuous revision or at interx'als sufficiently frequent to ensure accuracy of information and comprehensiveness of its contents. III. REPORTS .~ND MEASURE Standard 9: Inquirer Data Collection The I & R ser¥ice shall establish and use a system for collecting and organizing inquirer data which facilitates appropriate referrals and provides a basis for describing requests for ser,,ice, identif)4ng service gaps and overlaps, assisting with needs assessments, supporting the development of products, identifying issues for staff training and facilitating the development of the resource information system. Inquirer data includes information gathered during follow-up as well as that acquired during the original contact. Standard 10: Data Analysis and Reportin~ The I & R service shall develop reports using inquirer data and/or data from the resource database to support community planning activities (or planning at other levels), internal analysis and advocacy. If requested, data will be provided to the Department of Elder Affairs. 12 ITEM. FEB ? 8 ZUOZ Pg. 122_ /31/01/02 IV. COOPERATIVE RELATIONSHIPS Contract Number OAA 203.02 Standard 11: Cooperative Relationships within the Local I & R System In communities which have a multiplicity of comprehensive and specialized I & R recipients, the I & R service shall develop cooperative working relationships to build a coordinated I & R system which ensures broad access to information and referral services, maximizes the utilization of existing I & R resources, avoids duplication of effort and encourages seamless access to community resource information. I & R services within the system may choose to be "full service" pro.ams performing all necessary I & R functions xvithin their designated service area; or may prefer to partner xvith one or more I & R services to share those functions. (e.g., one I & R service might build and maintain the resource database and another might assume responsibility for service delivery.) Standard 12: Cooperative relationships within the Local Service Delivery System The I & R service shall strive to develop cooperative working relationships with local service recipients to build an inte~ated service delivery system which ensures broad access to community services, maximizes the utilization of existing resources, avoids duplication of effort and gaps in services, and facilitates the ability of people who need services to easily find the most appropriate recipient. Standard 13: Cooperative Relationships Amon~ Local. State or Provincial. Regional. National. and International I & R Recipients Comprehensive and specialized I & R services at all geo~aphic levels (local, state/provincial, regional, national and international) shall strive to develop formal and informal working relationships with the objective of broadening the availability of information and referral to all inquirers, facilitating access to appropriate resources regardless of their origin ancL/or location, avoiding duplication of effort and funding, expanding the effectiveness of social analysis with more global information about needs and services, and augmenting the impact of advocacy efforts through coordination, xvhere possible. Standard 14: Participation in State or Provincial. Regional. National. and International I & R Associations The I & R service shall strive to strengthen state or provincial, regional, national, and international I & R networks by becoming active in planning, pro.am development, advocacy, training, and other efforts at these levels. 13 AG£?,iOA FEB '2 6 Z UZ '01/01/02 v. ORGANIZATIONAL REQUIREMENTS Contract Number OAA 203.02 Standard 15: Governance The auspices under which the I & R service operates shall ensure the achievement of I & R goals and meet the standards set forth by the Department of Elder Affairs. Standard 16: Personnel Administration The I & R service shall provide a framework and mechanisms for pro,am and personnel management and administration that guarantee the continuity and consistency required for effective service delivery. Standard 17: Staff Training The I & R service shall have a training policy and make training available to paid and volunteer staff. Standard 18: Promotion and Outreach The I & R service shall establish and maintain a pro.am which increases public awareness of I & R services, their objectives, and their value to the community. At least two outreach projects targeting low-income minority and rural elders must be completed annually. 14 EXECUTIVE SUMMARY APPROVE THE MASTER AGREEMENT RELATING TO SERVICES FOR SENIORS' GtLA. NT PROGRAMS AND AUTHORIZE THE CHAIRMAN TO SIGN THE MASTER AGREEMENT BETWEEN COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AND THE AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC., D/BIA SENIOR SOLUTIONS OF SOUTHWEST FLORIDA OBJECTIVE: In order to provide gram funded services to Services for Seniors' clients, a Master Agreement, which applies to all grant contracts, requires the signature of the Chairman. CONSIDERATIONS: Collier CounW Services for Seniors has been providing in-home support services to Collier Coun~"s frail elderly for the past 27 years through the Older Americans Act as well as other grant programs. These' grants allow for the &liveD' of various services to the County's frail elderly preventing premature and costly institutional placement. A new requirement bv th~ grantor agency, the Area Agency on Aging, is the execution of a Master Agreement that o~tlines grantee requirements for administering all of the various grants. The Master Agreement addresses such items as federal laws and regulations, civil rights compliance, insurance requirements, audits, and the safeguarding the State computer netxvork system The incorporation of identical language into one document required for all grant programs a~varded by the Area Agency on Aging eliminates multiple signatoD' requirements of the Chairman, lessens the re,~ie~x' time I~v the County Attorney, and reduces paper use. All individual grant contracts will make reference to the Master Agreement as well as specify the individual grant contract amounts (with necessars.' budget amendments), effective date of the ~rant agreement, method of pa.xxnent, and any special provisions. GROWTH MANAGEMENT: There is no groxxXh management impact from this recommendation. FISCAL IMPACT: There is no financial impact as a result of this recommendation. RECOMMENDATIONS: Staff recommends that the Board of CounW Commissioners approve the Master Agreement and authorize the Chairman to sign the contract. The agreement has been reviewed and ap, proved~.~;h,e,-C,~ounty Attorney. ~ John Fer~4anaget/Senior Program ~ces Bar~ Wil~s(Socifl S~c~ Director Approved by: . ~_ J~n Dunnuck, Public Services Admi~strator Date: //~/£ ?~ Date: AGENDA No._ 01/01/2002 STATE OF FLORIDA DEPARTMENT OF ELDER AFFAIRS MASTER AGREEMENT 0AA 203.02 THIS MASTER AGREEMENT is entered into between the Area Agency on Aging for Southwest Flodda, Inc. DBA Senior Solutions of Southwest Flodda, hereinafter referred to as the "agency", and the Collier County Board of County_ Commissioners, hereinafter referred to as the recipient. All contracts executed between the recipient and the agency shall be subject to the conditions set forth in this agreement for the duration of the contract period(s). Any and all contracts executed between the recipient and the agency dudng the effective pedod of this agreement will incorporate this agreement by reference and shall be governed in accordance with the laws, statutes, and other conditions set forth in this agreement. The parties agree: I. Recipient Agrees: A. To provide services according to the conditions specified in any contract(s) with the agency dudng the pedod this agreement is in effect. This agreement covers all services provided by the recipient under contract with the agency. B. Federal Laws and Regulations: 1. The recipient shall comply with the provisions of 45 CFR, Part 74, and/or 45 CFR, Part 92, and other applicable regulations. The recipient shall comply with all applicable standards, orders, or regulations issued under Section 306 of the Clean Air Act, as amended (42 U.S.C. 1857(h) et seq.), Section 508 of the Clean Water ACt, as amended (33 U.S.C. 1368 et seq.), Executive Order 11738, and Environmental Protection Agency regulation (40 CFR Part 15). The recipient shall report any violations of the above to the agency. The recipient must, prior to execution of this agreement, complete the Certification Regarding Lobbying form, A'I-rACHMENT I. If a Disclosure of Lobbying Activities form, Standard Form LLL, is required, it may be obtained from the agency. All disclosure forms as required by the Certification Regarding Lobbying form must be completed and retumed to the agency. The recipient must, prior to execution of this agreement, complete the Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Contracts/Subcontracts form, ATFACHMENT I1. The recipient shall comply with the provisions of the U.S. Depaffrnent of Labor, Occupational Safety and Health Administration (OSHA) code, 29 CFR, Part 1910..1030. Civil Rights Certification: The recipient gives this assurance in consideration of and for the purp AGENDA ITEM No. ,se 01/01/2002 OAA 203.02 grants, loans, contracts (except contracts of insurance or guaranty), property, discounts, or other federal financial assistance to programs or activities receiving or benefitting from federal financial assistance. The recipient agrees to complete the Civil Rights Compliance Questionnaire,(DOEA forms 101 A and B), if services are provided to consumers and if fifteen (15) or more persons are employed. For recipients employing less than 15 persons, the agency requests completion of the Civil Rights Compliance Questionnaire. The recipient assures it will comply with: Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000d et seq., which prohibits discrimination on the basis of race, color, or national origin in programs and activities receiving or benefitting from federal financial assistance. Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. 794, which prohibits discrimination on the basis of handicap in programs and activities receiving or benefitting from federal financial assistance. Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. 1681 et seq., which prohibits discrimination on the basis of sex in education programs and activities receiving or benefitting from federal financial assistance. The Age Discrimination Act of 1975, as amended, 42 U.S.C. 6101 et seq., which prohibits discrimination on the basis of age in programs or activities receiving or benefitting from federal financial assistance. Section 654 of the Omnibus Budget Reconciliation Act of 1981, as amended, 42 U.S.C. 9849, which prohibits discrimination on the basis of race, creed, color, national odgin, sex, handicap, political affiliation or beliefs in programs and activities receiving or benefitting from federal financial assistance. The Americans with Disabilities Act of 1990, 42 USC 12101, et. seq., which prohibits discrimination against, and provides equal opportunities for individuals with disabilities, in employment, public services, and public accommodations. 7. All regulations, guidelines, and standards as are now or may be lawfully adopted pursuant to the above statutes. The recipient shall establish procedures to handle complaints of discrimination involving services or benefits through this contract. The recipient shall advise clients, employees, and participants of the right to file a complaint, the dght to appeal a denial or exclusion from the services or benefits from this contract, and their right to a fair hearing. Complaints of discrimination involving services or benefits through this contract may also be filed with the Secretary of the department or the appropriate federal or state agency. o The recipient agrees that compliance with these assurances is a condition of continued receipt of or benefit from federal financial assistance, and that it is binding upon the recipient, its successors, transferees, and assignees for the period during which such assistance is provided. The recipient further assures that all sub-recipients, vendors, or others with whom it arranges to provide services or benefits to participants or employees in connection with any of its programs and activities are not discT participants or employees in violation of the above statutes, reg~. atio~,cj~'j'' Ui~e~i~ne~, ~a~d 2 FEB '01/01/2002 OAA 203.02 standards. In the event of failure to comply, the recipient understands that the agency may, at its discretion, seek a court order requiring compliance with the terms of this assurance or seek other appropriate judicial or administrative relief, including but not limited to, termination of and denial of further assistance. D. Requirements of Chapter 287, Florida Statutes: For all contracts covered by this agrccment, the recipient 1. To submit bills for fees or other compensation for services or expenses in sufficient detail for a proper pre-audit and post-audit, thereof. Expenditures prohibited from state or federal funds, as applicable, unless expressly provided by law include, but are not limited to: (a) Congratulatory telegrams; (b) Rowers and/or telephone condolences; (c) Presentation of plaques for outstanding service; (d) Entertainment for visiting dignitaries; (e) Refreshments such as coffee and doughnuts; (0 Decorative items (globe, statues, potted plants, picture frames, wall hangings, etc.); (g) Greeting Cards (section 286.27, F.S.); (h) Alcoholic beverages; (i) Portable heaters and fans, refrigerators, stoves, microwave ovens, coffee pots, coffee mugs, etc.; (j) Clocks for pdvate offices; (k) Meals, except those served to inmates and clients of State Institutions; (I) Lobbying expenses (see Section I., paragraph L. of this agreement) 2. To follow the policies of the agency regarding any and all business travel pursuant to contracts covered by this agreement and to submit bills for any travel expenses in accordance with section 112.061, Flodda Statutes. The State Comptroller approved Reimbursement of Travel Expenses form, or an equivalent form developed by the recipient, must be completed for all travel funded by contracts covered by this agreement. Receipts for car rental, air fare, lodging, and incidental expenses allowed by statute, are required documentation to be retained on file to support expenditures. Conference and convention travel require an agenda. Conference , convention, and out-of-state travel funded by contracts covered by this agreement require written authorization from the appropriate authority at the agency. Per diem and meal reimbursement will be paid in accordance with the time periods and rates specified in statute. To provide units of deliverables, including reports, findings, and drafts as specified in the contracts and contract attachments covered by this agreement, and the service provider application developed by the recipient (pursuant to Section 306(a) of the Older Americans Act), to be received and accepted by the agency prior to payment. 4. To allow public access to all documents, papers, letters, or other materials subject to the provisions of Chapter 119, Florida Statutes, and made or received by the recipient in conjunction with this agreement and any contracts incorporating this agreement by reference. It is expressly understood that substantial evidence of the recipient's refusal to comply with this provision shall constitute a breach of contract. 5. To develop procurement procedures for all services purchased pursuant to this agreement, and all contracts and subcontracts subject to this agreement, in acc federal regulations to encourage competition and promote a dive services for the elder consumers. 01/01/2002 0AA 203.02 E. Withholdings and Other Benefits: The recipient is responsible for Social Security and Income Tax withholdings. F. Indemnification: If the recipient is a state or local govemmental entity, pursuant to subsection 768.28(18) FIodda Statutes, the provisions of this section do not apply. Recipient and all sub-recipients agrees to indemnify, defend, and hold harmless the agency and/or state and all of the agency and/or state officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any acts, actions, neglect or omission, action in bad faith, or violation of federal or state law by the recipient, its agents, employees, or sub-recipients dudng the performance of all contracts incorporating this agreement by reference, whether direct or indirect, and whether to any person or property to which the agency or said parties may be subject, except neither recipient nor any of its sub-recipients will be liable under this section for damages arising out of injury or damage to persons or property directly caused or resulting from the sole negligence of the agency and/or state or any of its officers, agents, or employees. Recipient's and sub-recipient's obligation to indemnify, defend, and pay for the defense or, at the agency's and/or state option, to participate and associate with the agency and/or state in the defense and trial of any claim and any related settlement negotiations, shall be triggered by the agency and/or state notice of claim for indemnification to recipient. Recipient's and sub-recipient's inability to evaluate liability or its evaluation of liability shall not excuse recipient's or sub-recipient's duty to defend and indemnify the agency and/or state, upon notice by the agency and/or state. Notice shall be given by registered or certified mail, return receipt requested. Only an adjudication or judgment after the highest appeal is exhausted specifically finding the agency and/or state solely negligent shall excuse performance of this provision by recipients and sub-recipients. Recipients shall pay all costs and fees related to this obligation and its enforcement by the agency and/or state.. The agency and/or state failure to notify the recipient or sub-ecipient of a claim shall not release recipient or sub-ecipient of the above duty to defend. It is the intent and understanding of the parties that the recipient nor any of its sub- recipients are employees of the agency and/or state and shall not hold themselves out as employees or agents of the agency and/or state without specific authorization from the agency and/or state. It is the further intent and understanding of the parties that the agency and/or state does not control the employment practices of the recipient and shall not be liable for any wage and hour, employment discrimination, or other labor and employment da/ms against the recipient. G. Insurance and Bonding: To provide adequate liability insurance coverage on a comprehensive basis and to hold such liability insurance at all times during the effective period of any and all contracts incorporating this agreement by reference. The recipient accepts full responsibility for identifying and determining the type(s) and extent of liability insurance necessary to provide reasonable financial protections for the recipient and the clients to be served under contracts incorporating this agreement by reference. Upon execution of each contract , Wd~_e_q_ver_~.fi ,cat~io_.~n e cov~l:it9~.' ~ ~ covered under this agreement, the recipient shall furnish the agenc supporting both the determination and existence of such insuran( coverage may be provided by a self-insurance program established the laws of the State of Florida. The agency reserves the right 4 lnd oRerat~ requir~-'§~'rfftional ~ i 01/01/2002 OAA. 203.02 insurance where appropriate. o To fumish an insurance bond from a responsible commercial insurance company covedng all officers, directors, employees and agents of the recipient authorized to handle funds received ar disbursed under all contracts incorporating this agreement by reference in an amount commensurate with the funds handled, the degree of dsk as determined by the insurance company and consistent with good business practices. If the recipient is a state agency or subdivision as defined by section 768.28, Florida Statutes, the recipient shall furnish the agency, upon request, written verification of liability protection in accordance with section 768.28, Florida Statutes. Nothing herein shall be construed to extend any party's liability beyond that provided in section 768.28, Florida Statutes. (See also Indemnification clause.) PI. Abuse Neglect and Exploitation Reporting: In compliance with Chapter 415, F.S., an employee of the recipient who knows, or has reasonable cause to suspect, that a child, aged person or disabled adult is or has been abused, neglected, or exploited, shall immediately report such knowledge or suspicion to the State of Florida's central abuse registry and tracking system on the statewide toll-free telephone number (1-800-96ABUSE). I. Transportation Disadvantaged: If clients are to be transported under any contracts incorporating this agreement, the recipient will comply with the provisions of Chapter 427, Florida Statutes, and Rule Chapter 41-2, Florida Administrative Code. J. Purchasing: Procurement of Products or Materials with Recycled Content Any products or materials which are the subject of, or are required to carry out any contracts under this agreement shall be procured in accordance with the provisions of Section 403.7065 and 287.045, Flodda Statutes. K. Sponsorship: As required by Section 286.25, Flodda Statutes, if the recipient or sub-ecipient is a non- governmental organization which sponsors a program financed wholly or in part by state funds, including any funds obtained through contracts executed in accordance with this agreement, it shall in publicizing, advertising or describing the sponsorship of the program, state: "Sponsored by Collier County Board of County Commissioners Recipient the State of Flodda, Department of Elder Affairs, and Area Agency on Aging for Southwest FIodda, Inc. DBA Senior Solutions of Southwest Florida. If the sponsorship reference is in written matedal the words "State of Florida, Departmerlt of Etder-Affairs"an¢'~ "Area Agency on Aging for Southwest Florida, Inc. DBA Senior S~ution~s of'~0i.~AweSt~ _ Florida shall appear in the same size letters and type as the name~ of the-org{a~'~z~tion ~'~ / 01/0!/2002 OAA 203.02 The recipient shall also display a graphic of the department's Pillars logo on all printed material, ATrACHMENT VI and a graphic of the agency's Iogos.. This shall include, but is not limited to, any correspondence or other wdting, publication or broadcast that refers to such program. 2. If the recipient is a govemmental entity or political subdivision of the state, the agency requests compliance with the conditions specified above. The recipient shall not use the words "The State of Florida, Department of Elder Affairs"or Area Agency on Aging for Southwest Florida, Inc. DBA Senior Solutions of Southwest Florida, to indicate sponsorship of a program otherwise financed unless specific authorization has been obtained by the agency pdor to use. L. Use of Funds For Lobbying Prohibited: To comply with the provisions of Section 216.347, Florida Statutes, which prohibit the expenditures of contract funds for the purpose of lobbying the Legislature, a judicial branch or a state agency. M. Employment If the recipient is a non-governmental organization, it is expressly understood and agreed the recipient will not knowingly employ unauthorized alien workers. Such employment constitutes a violation of the employment provisions as determined pursuant to section 274A(e) of the Immigration Nationality Act (INA), 8 U.S.C.s.1324 a (e)("section 274A(e)"). Violation of the employment provisions as determined pursuant to section 274A(e) shall be grounds for unilateral cancellation of any and all contracts incorporating this agreement by reference. N. Audits and Records: To maintain books, records, and documents (including electronic storage media) in accordance with generally accepted accounting procedures and practices which sufficiently and properly reflect all revenues and expenditures of funds provided by the agency under all contracts covered by this agreement. Recipients and sub-recipients agree to maintain records including paid invoices, payroll registers, travel vouchers, copy logs, postage logs, time sheets, etc., as supporting documentation for service cost reports and for administrative expenses itemized for reimbursement. This documentation will be made available upon request for monitoring and auditing purposes. To assure these records shall be subject at all reasonable times to inspection, review, audit, copy, or removal from premises by state personnel and other personnel duly authorized by the agency, as well as by federal personnel, if applicable. To maintain and file with the agency such progress, fiscal and inventory and other reports as the agency may require within the period of this agreement. Such reporting requirements must be reasonable given the scope and purpose of the contracts incorporating this agreement by reference. To submit management, program, and client identifiable data, as specified in the Department of Elder Affairs Client Services Manual. To assure, program specific data..!s recorded and submitted in accordance with Department of Elder Aff~ir~-~l~_'.~[~rma_tion Reg stration and Tracking System (ClRTS) Policy Guidelines. · 01/0!/2002 OAA 203.02 5. To provide a financial and compliance audit to the agency as specified in ATTACHMENT IIJ and to ensure all related party transactions are disclosed to the auditor. 6. To include these aforementioned audit and record keeping requirements, including Attachment III, in all subcontracts and assignments. 7'. The recipient agrees to provide client information and statistical data for research and evaluative purposes when requested by the agency. 8. To provide to the agency all fiscal information regarding services contracted to recipients pursuant to this agreement using an application provided by the agency. O. Retention of Records: To retain all client records, financial records, supporting documents, statistical records, and any other documents (including electronic storage media) pertinent to each contract covered under this agreement for a pedod of five (5) years after termination of the contract(s), or if an audit has been initiated and audit findings have not been resolved at the end of five (5) years, the records shall be retained until resolution of the audit findings. Persons duly authorized by the agency and federal auditors, pursuant to 45 CFR, Part 92.42(e), (1), and (2), shall have full access to and the right to examine or duplicate any of said records and documents during said retention pedod or as long as records are retained, whichever is later. P. Monitoring and Incident Reporting: The recipient will provide progress reports, including data reporting requirements as specified by the agency to be used for monitoring progress or performance of the contractual services as specified in the service provider application. The agency will establish performance standards for recipients with weights assigned to each standard. Standards will be tracked monthly by agency staff through desk reviews of available f'~cal, CIRTS, and research production reports and any other system or process designated by the agency. This information will allow staff to determine if on-site monitoring of the recipient is necessary. Examples of review cdteda are surplus/deficit, independent audits, internal controls, reimbursement requests, sub-ecipient monitoring, targeting, program eligibility, outcome measures, service provision to clients designated as "high risk" by the Department of Children & Families, Adult Protective Services program, data integrity, co- payments, client satisfaction, correspondence, and client file reviews. Recipients will perform administrative and programmatic monitoring of sub-recipients to ensure contractual compliance, fiscal accountability, programmatic performance, and cornpliance with applicable state and federal laws and regulations. To permit persons duly authorized by the agency and/or state to inspect any records, papers, documents, facilities, goods and services of the recipient and sub-recipients which are relevant to contracts incorporating this agreement by reference, or to the mission and statutory authority of the agency and/or state, and to interview any clients and employees of the recipient and sub-recipients to be assured of satisfactory performance of the terms and conditions of these contract(s). Following such inspection the agency and/or state will deliver to the recipient a list of its concerns with regard to the manr ~ . /~L~L.?~L-~''' !..,._~_ _ or services are being provided. The recipient will rectify all noted d ;nclep~les the agency and/or state within the time set forth by the agency and 'or sta~e,o~?i:~e the 7 01/01/2002 0]~ 203.02 agency and/or state with a reasonable and acceptable justification for the recipient's failure to correct the noted shortcomings. The agency and/or state shall determine whether such failure is reasonable and acceptable. The recipient's failure to correct or justify deficiencies within a reasonable time as specified by the agency and/or state may result in the agency and/or state taking any of the actions identified in section II1., C., Enforcement or the agency and/or state deeming the recipient's failure to be a breach of contract. 4. The recipient will notify the agency within 48 hours of conditions related to performance that could impair continued service delivery. Reportable conditions may include: proposed consumer terminations recipient or sub-ecipient financial concerns/difficulties service documentation problems contract non-compliance service quality and consumer complaint trends. Recipients will provide the agency with a brief summary of the problem(s) and proposed corrective action plans and time frames for implementation. Q. Safeguarding Information: Except as provided for agency and/or state auditing and monitoring purposes, not to use or disclose any information concerning a consumer who receives services under contracts incorporating this agreement by reference or subsequent contracts for any purpose not in conformity with state and federal regulations (45 CFR, Part 205.50), except upon written consent of the consumer, or the consumer's authorized representative. R. Assignments and Subcontracts: Agency approval of the service provider application from the recipient shall constitute agency approval of the recipient subcontracts if the subcontracts follow the service and funding information identified in the service provider application. The recipient must submit all contracts for services under the service provider application to the agency for prior approval when the proposed sub-ecipient is a profit making organization. No such approval by the agency of any assignment or subcontract shall be deemed in any event or in any manner to provide for the incurrence of any obligation of the agency in addition to the total dollar amount agreed upon in contracts covered by this agreement. All assignments or subcontracts shall be subject to the conditions of this agreement and the contracts incorporating it by reference and to any conditions of approval the agency shall deem necessary. Section I, paragraph M. is only applicable to state agencies or political subdivisions of the state. 2. If the recipient deems a service provider to be a vendor rather than a sub-ecipient, as defined in OMB Circular A-133, subpart B, section .210, this determination must be documented in writing. When a vendor relationship is identified, a contract with all of the terms and conditions set forth in this agreement is not required. However, a wdtten agreement outlining services to be performed and conditions for procurement, receipt and payment for services, in compliance with the contracts covered by this agreement, is required. The recipient is responsible for assuring program compliance and performance, and any applicable conditions of this agreement and the contracts covered ........... by it, tha~t_w_e_r~.: ,~; not passed down to sub-recipients. 3. Unless otherwise stated in the contract(s) covered by this agreeme, nt between the recipient 8 01/01/2002 OAA 203.02 and sub-ecipient, payments made by the recipient to the sub-ecipient must be within seven (7) working days after receipt by the recipient of full or partial payments from the agency in accordance with section 287.0585, FIodda Statutes. Failure to pay within seven (7) working days will result in a penalty charged against the recipient and paid to the sub- ecipient in the amount of one-half of one (1) percent of the amount due, per day from the expiration of the period allowed herein for payment. Such penalty shall be in addition to actual payments owed and shall not exc::cct fifb::cn (15) percent of the outstanding balance due. S. Return ol= Funds: To return to the agency any overpayments due to unearned funds or funds disallowed pursuant to the terms of ail contracts for which funds were disbursed to the recipient by the agency. ac The recipient shall return any overpayment to the agency within forty (40) calendar days after either discovery by the recipient, or notification by the agency, of the overpayment. In the event the recipient or its independent auditor discovers an overpayment has been made, the recipient shall repay said overpayment within forty (40) calendar days without prior notification from the agency. In the event the agency first discovers an overpayment has been made, the agency wilt notify the recipient by letter of such a finding. Overpayments to recipients due to unallowable or un-allocable expenses or to vendors or sub-recipients due to billing discrepancies must be returned to the recipient under the same terms and conditions as this section. Information indicating recipients have been overpaid as a result of over-budgeting on the unit cost methodology can be used by the recipient to negotiate lower rates in subsequent years. Continuous overpayment to recipients due to over budgeting may result in a demand for repayment to the recipient or the agency under the same terms and conditions of this section. Repayment received by the recipient must be reported to the agency and may be either re-allocated to other sub-ecipient(s) or returned to the agency, at the agency's discretion. Should repayment not be made in a timely manner, the agency will charge interest of one (1) percent per month compounded on the outstanding balance forty (40) calendar days after the date of notification or discovery. T. Data Integrity Pursuant to the accounting and reporting requirements for federal grants management in OMB Circulars A-102 and A-110, and the Department of Management Services (DMS) Memorandum No. 6 (98-99) which requires certification of Data Integrity for any procurement document, the recipient must, prior to execution of this agreement, complete the Data Integrity Certification form, ATTACHMENT IV In the event a data integrity issue results in a delay of service, the recipient agrees to execute their agency disaster plan to ensure the delivery cf service(s) continues. Conflict of Interest: ~ '- ~ ..- '," The recipient hereby agrees to develop and implement a policy [o ensure thai 9 ! 01/01/2002 OAA 203.02 employees, board members, management and sub-recipients, will avoid any conflict of interest or the appearance of a conflict of interest when disbursing or using the funds described in this agreement or when contracting with another entity which will be paid by the funds described in this agreement. The recipient's board members and management must disclose to the agency any relationship which may be, or may be perceived to be, a conflict of interest within thirty (30) days of an individual's original appointment or placement in that position, or if the individual is serving as an incumbent, within thirty (30) days of the commencement of this agreement. The recipient's employees and sub- recipients must make the same disclosures described above to the recipienrs board of directors. V. Successors and Transferees: This agreement and its attachments are binding on the recipient and its successors and transferees. II. The Agency Agrees: A. Contract Payment: The provider's invoice will be sent to the Department of Elder Affair in conjunction with other invoices received by the agency from other agreements subject to review and approval by the agency. Such approval is for the purpose of authorizing payments and does not constitute final approval of services purchased. Pursuant to Section 215.422, Florida Statutes, the agency shall take no longer than five working days to inspect and approve goods and services, unless bid specifications or the contract for which payment is requested specifies otherwise. The agency will submit the request for payment to the Department of Elder Affairs after inspection and approval of goods and services. Once the Department of Elder affairs had made payment to the agency, the agency will reimburse the provider within seven working days after receipt by the agency of full or partial payments from the Department of Elder Affairs in accordance with section 287.0585, Florida Statutes. Failure to pay within seven (7) working days will result in a penalty charged against the agency and paid to the provider in the amount of one-half of one percent of the amount due, per day from the expiration of the pedod allowed herein for payment. Such penalty shall be in addition to actual payments owed and shall not exceed fn'teen(15) percent of the outstanding balance due. B. Vendor Ombudsman: A Vendor Ombudsman has been established within the Department of Banking and Finance. The duties of this individual include acting as an advocate for recipients and vendors who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850)410-9354 or by calling the State Comptroller's Hotline, 1-800-848-3792. Recipients experiencing problems obtaining timely payment(s) from recipients may contact the agency's contract manager at (850) 414-2000. III. Recipient and Agency Mutually Agree: Effective Date This agreement shall begin on January 1, 2002 or on the date on which the agreement has been signed by both parties, whichever is later, and shall end on December.31, 2002. All contracts executed between the agency and the recipient during ihe effecti'~do~ of this agreement shall reference this agreement by number, incorporating it therein, and oz/oz/2o02 OAA 203.02 shall be governed by the conditions of this agreement for the duration of the contract period(s). B. Termination: 1. Termination at Will Any contract(s) covered by this agreement and incorporating it by reference may be terminated by either party upon no less than thirty (30) calendar days notice, without cause, unless a lesser time is mutually agreed upon by both parties, in wdting. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. In the event the recipient terminates a contract at will, the recipient agrees to submit, at the time it serves notice of the intent to terminate, a plan which identifies procedures to ensure services for consumers pursuant to this agreement or any subcontract will not be interrupted or suspended by the termination. In the event that an agreement between a recipient and a sub-ecipient is terminated, the recipient shall require the sub-ecipient to submit to the recipient and the agency, a similar plan ensuring services to consumers will not be interrupted or suspended by the termination. 2. Termination Because of Lack of Funds In the event funds to finance any contract(s) under this agreement become unavailable, the agency may terminate the affected contract or contracts upon no less than twenty-four (24) hours notice in writing to the recipient. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. The agency shall be the final authority as to the availability of funds. 3. Termination for Breach Unless the breach is waived by the agency in writing, or the recipient fails to cure the breach within the time specified by the agency, the agency may, by wdtten notice to the recipient, terminate the contract(s) incorporating this agreement by reference upon no less than twenty-four (24) hours notice. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. If applicable, the agency may employ the default provisions in Chapter 60A-1.006(3), Flodda Administrative Code. Waiver of breach of any provisions of any one contract covered by this agreement shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of other contracts covered under this agreement. The provisions herein do not limit the agency's dght to remedies at law or to damages of a legal or equitable nature. C. Enforcement: The agency may, in accordance with section 430.04, Flodda Statutes, take intermediate measures against the recipient, including: corrective action, unannounced special monitoring, temporary assumption of the operation of one or more contractual services, placement of the recipient on probationary status, imposing a moratorium on recipient action, imposing financial penalties for nonperformance, or other administrative action pursuant to Chapter 120 Florida Statutes, if the agency finds that: an intentional or negligent act of the recipient has materially affected, the health,- welfare, or safety of consumers served pursuant to this agre[ement', or sUbstantialLy..~ and negatively affected the operation of services covered un~ler, this~agreement~P~_ ......... 'D .01/01/2002 0AA 203.02 · the recipient lacks financial stability sufficient to meet contractual obligations or that contractual funds have been misappropriated. the recipient has committed multiple or repeated violations of legal and regulatory standards, regardless of whether such laws or regulations are enforced by the agency, or the recipient has committed or repeated violations of agency standards. · the recipient has failed to continue the provision or expansion of services after the declaration of a state of emergency. · the recipient has failed to adhere to the terms of this agreement or the terms of any contract(s) covered by this agreement and incorporating it by reference. In making any determination under this provision the agency may rely upon the findings of another state or federal agency, or other regulatory body. Any claim for breach of contract is exempt from administrative proceedings and shall be brought before the appropriate entity in the venue of Lee County. Before the agency formally initiates any intermediate measure, or either party commences equitable or legal action of any sort, both parties agree to engage in informal mediation through a meeting of each party's representative at a place and location designated by the agency. D. Notice and Contact: 1. The name, address and telephone number of the agency for this agreement is: Terry White, Executive Director Area Agency on Aging for Southwest Florida DBA Senior Solutions of Southwest Florida 2285 First Street Fort Myers, Flodda 33901 941-332-4233 1 SC 748-6947 2. The name, address and telephone number of the recipient for this agreement is: Collier County Board of County Commissioners 3301 East Tamiami Trail Naples, Flodda 34112 (941)774-8443 Fax(941 ) 774-3430 3. The name of the contact person, street address and telephone number where financial and administrative records are maintained: Barry Williams Collier County Board of County_ Commissioners 3301 East Tamiami Trail Naples, Flodda 34112 (941)774-8443 Fax(941 ) 774-3430 12 01/0!/2002 0AA 203.02 E.Renegotiation or Modification: 1 .Modifications of provisions of this agreement and of any and all contract(s) incorporating this agreement by reference shall only be valid when they have been reduced to writing and duly signed by both parties. The parties agree to renegotiate this agreement and any affected contracts if revisions of any applicable laws or regulations make changes in this agreement necessary. 2.The rate of payment and the total dollar amount may be adjusted retroactively for any contract(s) incorporating this Master Agreement by reference to reflect price level increases and changes in the rate of payment only when these have been established through the appropriations process and subsequently identified in the agency's operating budget. iV. The Recipient Agrees to the following special provisions: A_Property 1 .Non-expendable property is defined as tangible property of a non-consumable nature with an acquisition cost of $1000 or more per unit, and expected useful life of at least one year; and hardback bound books not circulated to students or the general public, with a value or cost of $250 or more. Hardback books with a value or cost of $25 or more should be classified as an OCO expenditure only if they are circulated to students or the general public. 2 All property purchased under contracts covered by this agreement or purchased by the agency and received by the recipient shall be listed on the property records of the recipient. Said listing shall include a description of the property, model number, manufacturer's serial number, funding source, information needed to calculate the federal and/state share, date of acquisition, unit acquisition cost, property inventory number and information on the location, use and condition, transfer, replacement or disposition of the property(including fair market value and sales pdce at disposition). 3.A physical inventory of equipment shall be taken and the results reconciled with the equipment records at least once every two years. Discrepancies shall be investigated to determine the difference. Any loss, damage or theft of equipment shall be fully investigated and fully documented and if the equipment is purchased with state or federal funds, shall be reported to the agency. The property records must be maintained on file and shall be provided to the agency upon request. 4.Title (ownership) to all property acquired with funds from any contracts covered by this agreement or otherwise purchased by the agency shall be vested in the agency upon completion or termination of the contract(s). 5.At no time shall the recipient dispose of non-expendable property except with the permission of, and in accordance with instructions from the agency. Any permanent storage devices (e.g.: hard ddves, removable storage media) must be reformatted and tested prior to disposal to ensure no confidential information remains. 6.An area plan amendment is required to be submitted by the recipient and approved by the agency's contract manager prior to the purchase of any item of non-expendable property not specifically listed in the approved budget. ~ .... : ~ . .~ iTEM 7. Information Technology Resources ~, ' .-' _. L~ ~'~ The recipient must adhere to the agency's procedures and standards when purchas~ng-lnformatlc~ '13 ..................... .01/01/2002 OAA 203.02 Technology Resources (ITR) as part of any contract(s) incorporating this agreement by reference. An ITR worksheet is required for any computer related item costing $1,000.00 or more, including data processing hardware, software, services, supplies, maintenance, training, personnel and facilities. The completed ITR worksheet shall be maintained in the LAN administrator's file and must be provided to the agency upon request. The recipient has the responsibility to require any sub-recipients to comply with the agency's ITR procedures. B.Copyright Clause Where activities supported by any contract(s) incorporating this agreement by reference produce odginal writing, sound recordings, pictorial reproductions, drawings or other graphic representation and works of any similar nature, the agency has the dght to use, duplicate and disclose such materials in whole or part, in any manner, for any purpose whatsoever and to have others acting on behalf of the agency do so. If the materials so developed are subject to copyright, trademark or patent, then legal title and every right, interest, claim or demand of any kind in and to any patent, trademark, copyright, or application for the same, will vest in the State of Florida, Department of State, for the exclusive use and benefit of the state. Pursuant to Section 286.021, Florida Statutes, no person, firm or corporation, including parties to this contract, shall be entitled to use the copyright, patent or trademark without the prior wdtten consent of the Department of State. C.Grievance and Appeal Procedures 1. In accordance with ATTACHMENT V , Minimum Guidelines for Recipient Grievance Procedures, the recipient will assure development of procedures for handling complaints from persons who complain service has been denied, terminated or reduced. 2.Recipients and sub-recipients will establish complaint procedures for older consumers who are dissatisfied with or denied services. These procedures must include notice of the dght to complain and to have their complaint reviewed. D.Investigation of Allegations Any report that implies cdminal intent on the part of this recipient or any sub-ecipient and referred to a governmental or investigatory agency must be sent to the agency. The recipient must investigate allegations regarding falsification of client information, service records, payment requests, and other related information. If the recipient has reason to believe that the allegations will be referred to the State Attorney, a law enforcement agency, the United States Attorney's Office, or other governmental agency, the recipient shall notify the Inspector General at the agency immediately. A copy of all documents, reports, notes or other written matedal concerning the investigation, whether in the possession of the recipient or sub-ecipient, must be sent to the agent department Inspector General with a summary of the investigation and allegations. E.Disaster In preparation for the threat of an emergency event as defined in the State of Flodda Comprehensive Emergency Management Plan, the Department of Elder Affairs may exercise authority over an area agency or service provider to implement preparedness activities to improve the safety of the eldedy in the threatened area and to secure area agency and service provider facilities to minimize the potential impact of the event. These actions will be within the existing roles and responsibilities of the area agency and its service pro~dcrs:.~.&£~ ~:_~ :~ ;~ ~..~ In the event the President of the United States or Governor of the State of ;Iodd~ec!crcs ~'~-- disaster or state of emergency, the Department of Elder Affairs may exercise Uthodty over an area agency or service provider to implement emergency relief measures an,I/or a~v~i .~s~ ~.tJ~ · .01/0!/2002 OAA 203.02 In either of these cases, only the Secretary, Deputy Secretary or his/her designee of the Department of Elder Affairs shall have such authority to order the implementation of such measures. All actions directed by the agency under this section shall be for the purpose of ensuring the health, safety and welfare of the elderly in the potential or actual disaster area. F.Volunteers ~ The recipient wilt promote the use of volunteers as prescribed in Section 306(a)(12), Older Americans Act and Section 430.07, Florida Statutes. In addition, the recipient will increase the use of volunteers in the county by providing training, technical assistance and funding, where possible. G.Business Hours Recipients who are lead agencies, as defined in 430.203(9), F. S. or who provide elder helpline services pursuant to this agreement must also maintain minimum business hours from 8:00 AM until 5:00 PM, Monday through Fdday. H.Client Information Registration and Tracking System (ClRTS) and Management Information Systems. For all program contracts incorporating this agreement by reference for which collection of client data in CIRTS is required: 1 .The recipient will ensure the collection and maintenance of consumer and service information on a monthly basis from the Client Information Registration and Tracking System (CIRTS) or any such system designated by the agency. Maintenance includes valid exports and backups of all data and systems according to agency standards. 2.Recipients must enter all required data per the agency's CIRTS Policy Guidelines for consumers and services in the CIRTS database. The data must be entered into the ClRTS before the recipients submit their request for payment and expenditure reports to the recipient. The recipient shall establish time frames to assure compliance with due dates for the requests for payment and expenditure reports to the agency. 3. Recipients will run monthly CIRTS reports and verify consumer and service data in the ClRTS is accurate. This report must be submitted to the recipient with the monthly request for payment and expenditure report and must be reviewed by the recipient before the sub-ecipient's request for payment and expenditure reports can be approved by the recipient. 4.Failure to ensure the collection and maintenance of the CIRTS data may result in the agency enacting the "Enforcement" clause of this agreement (see Section III, C.). 5.Computer System Backup and Recovery Each recipient and sub-ecipient, among other requirements, must anticipate aT loss of information processing capabilities. The routine backing up of data required to recover from losses or outages of the computer system. Data and s, the continued operation of recipient functions must be backed up. The securit backup resources shall be as stringent as the protection required of the prima' 15 d p_m~a_r e_._foz t~.e .... ind sofl:~t~:.JS;TEM [ ,ftware~e_s_sent. ial to_/~,i) b controls over the -- l res~13~;e6. ~lt i~; q-, , 01/01/2002 OAA 203.02 recommended that a copy of the backed up data be stored in a secure, offsite location. The recipient and sub-ecipient(s) shall maintain written policies and procedures for computer system backup and recovery. These policies and procedures shall be made available to the agency upon request. I.Consumer Outcomes 1. The recipient will develop consumer outcome measures consistent with those developed by the agency. 2.As required by the legislature for performance-based program budgeting, the agency will set targets for the performance of outcome measures. The recipient will be responsible for achieving these targets and will incorporate into subcontracts as necessary. J. Management Objectives The recipient shall: · Ensure the recipient's Board completes an annual performance evaluation of the recipient's executive director; · Ensure effective communication between recipient's staff and Board; · Ensure adequate planning and preparation occurs in the development of the area plan and area plan amendments within agency established time frames. 16 01/01/2002 OAA 203.02 IN WITNESS THEREOF, the parties hereto have caused this 33 page contract to be executed by their undersigned officials as duly authorized. RECIPIENT: Collier County Board Of County Commissioners AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC. Dba SENIOR SOLUTIONS OF SOUTHWEST FLORIDA BOARD PRESIDENT OR AUTHORIZED DESIGNEE SIGNED BY: SIGNED BY: NAME: James N. Coletta NAME: GINGER KOCH TITLE: DATE: Chairman TITLE: DATE: Board President FEDERAL ID NUMBER: 59-6000558 RECIPIENT FISCAL YEAR ENDING DATE: (Revised 12/01 ) September 30 Approved as to legal form and sufficiency by: Ramiro Manalich Chief Assistant County Attorney 17 01/01/2002 OAA 203.02 Attachment I CERTIFICATION REGARDING LOBBYING CERTIFICATION FOR CONTRACTS, GRANTS, LOANS AND COOPERATIVE AGREEMENT The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any state or federal agency, a member of congress, an officer or employee of congress, an employee of a member of congress, or an officer or employee of the state legislator, in connection with the awarding of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. (2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of congress, an officer or employee of congress, or an employee of a member of congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,00D for each such failure. S~gnature Date 31, 2001 Barry Williams OAA 203.02 NameofAuthodzedlndividual ApplicationorContract Number Collier County Government, Collier County Services NameofAddressofOrganization 3301E. Tamiami Trail Naples, FL 34112 DOEA Form 103, (Revised Jan 2001 ) 18 for Seniors, Bldg H 01/01/2002 INSTRUCTIONS CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INEUGIBIMTY AND VOLUNTARY EXCLUSION CONTRACTS/SUBCONTRACTS 0AA 203.02 ATTACHMENT II Each recipient whose contract equals or exceeds $25,000 in federal monies must sign this debarment certification prior to contract execution. Independent auditors who audit federal programs regardless of the dollar amount are required to sign a debarment certification form. Neither the Department of Elder Affairs nor its contract recipients can contract with sub- recipients if they are debarred or suspended by the federal government. This certification is a material representation of fact upon which reliance is placed when this contract is entered into. If it is later determined that the signed knowingly rendered an erroneous certification, the Federal Government may pursue available remedies, including suspension and/or debarment. The recipient shall provide immediate wdtten notice to the contract manager at any time the recipient learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. The terms "debarred," "suspended," "ineligible," "person," "principal," and "voluntarily excluded," as used in this certification, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549 and 45 CFR (Code of Federal Regulations), Part 76. You may contact the contract manager for assistance in obtaining a copy of those regulations. The recipient further agrees by submitting this certification that, it shall not knowingly enter into any subcontract with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this contract unless authorized by the Federal Government. The recipient further agrees by submitting this certification that it will require each sub-ecipient of this contract whose payment will equal or exceed $25,000 in federal monies, to submit a signed copy of this certification with each contract. The Department of Elder Affairs and its contract recipients may rely upon a certification of a recipient/sub-recipients that is not debarred, suspended, ineligible, or voluntarily exclude from contracting/subcontracting unless it knows that the certification is erroneous. If the recipient is an Area Agency on Aging (AAA), the AAA may rely upon a certification of a recipien?sub-ecipient entity that is not debarred, suspended, ineligible, or voluntarily excluded from contracting/subcontracting unless the AAA knows that the certification is erroneous. The signed certifications of all sub-recipients shall be kept on file with recipient. DOEA FORM 112A (ReV~Se~ A,od~ 2001 ) 19 01/01/2002 OAA 203.02 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION CONTRACTS/SUBCONTRACTS This certification is required by the regulation implementing Executive Order 12549, Debarment and Suspension, signed February; 18, 1986. The guidelines were published in the May 29, 1987 Federal Register (52 Fed. Reg., pages 20360-20369). (1) (2) The prospective recipient certifies, by signing this certification, that neither he nor his principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in contracting with the Department of Elder Affairs by any federal department or agency. Where the prospective recipient is unable to certify to any of the statements in this certification, such prospective recipient shall attach an explanation to this certification. Signature Date James N. Coletta, Chairman Name and Title of Authorized Individual (Print or type) Collier County Government/Services for Seniors Name of Organization Approved as to legal form and sufficiency: Ramiro Manalich, Chief Assistant County Attorney DOE. A FORM 112B (Revised Apdl 2001 ) 2O 01/01/2002 OAA 203.02 December 2001 Attachment III The administration of funds awarded by the agency to the recipient may be subject to audits and/or monitoring as described in this section by the agency, and other authorized state personnel or federal personnel, as described in this section. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by agency staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the agency. In the event the agency determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the agency to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Comptroller, Auditor General or federal personnel. OTHER REQUIREMENTS If the recipient is a non profit organization, the Oath of Not for Profit Status form (EXHIBIT 2 of this attachment) must be completed and returned to the agency with the signed contract. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB Circular A-133, as revised. In the event that the recipient expends $300,000 or more in Federal awards in its fiscal year, the recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. Federal funds awarded through the agency by this agreement, if any, are indicated in Section II. A. of the contract(s) of which this document is an attachment. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal funds received from the agency. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions OMB Circular A-133, as revised, will meet the requirements of this part. In connection with the audit requirements addressed in Part I, paragraph 1., the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A- 133, as revised. 12. If the recipient expends less than $300,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the recipient expends less than $300,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as re_v. ised, .,the cost. .... of the audit must be paid from non-Federal funds (i.e., the cost of such an audit~must be.paid recipient resources obtained from other than Federal entities), i ~"' :~ .... -~-~-J~-- ~'~ I 01/01/2002 OAA 203.02 13. Information regarding audit requirements contained in OMB Circular A-133 and 215.97, Florida Statutes (F. S.), can be obtained from the following web-sites: http:llwww.whitehouse.govlomblcircularsl and: http :llwww. leg .state.fi. us/ PART I1: STATE FUNDED This part is applicable if the recipient is a non-state entity as defined by Section 215.97, Flodda Statutes. In the event that the recipient expends a total amount of State awards (i.e., State financial assistance provided to the recipient to carry out a State project) equal to or in excess of $300,000 in any fiscal year of such recipient, the recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Flodda Statutes; applicable rules of the Executive Office of the Govemor and the Comptroller, and Chapter 10.600, Rules of the Auditor General. State grants and aids amounts awarded through the agency by this agreement are indicated in Section I1., A. of the contract(s) of which this agreement is an attachment. In determining the State awards expended in its fiscal year, the recipient shall consider all sources of State awards, including State funds received from the agency, other state agencies, and other non-state entities except that State awards received by a non-state entity for Federal program matching requirements shall be excluded from consideration. In connection with the audit requirements addressed in Part II, paragraph 2, the recipient shall ensure that the audit complies with the requirements of Section 215.97, Flodda Statutes. This includes submission of a reporting package as defined by Section 215.97, Flodda Statutes, and Chapter, 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, to include an auditor's examination attestation report, management assertion report (altematively, management's assertion may be included in the management representation letter), and a schedule of State financial assistance. The agency additionally requires a supplemental schedule of functional expenses be prepared, by service, as defined by the agency, including units of service delivered. This supplemental schedule shall be prepared using the same methodology as used in determining the contractual rates. The auditor's examination attestation report must indicate whether management's assertion as to compliance with the following requirements is fairly stated, in all material respects: activities allowed or unallowed; allowable costs/cost principles; matching (if applicable), and; reporting. If the recipient expends less than $300,000 in State awards in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Flodda Statutes, is not required. In the event that the recipient expends less than $300,000 in State awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from non-State funds (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entitles).. If an audit is not required or performed, the head of the recipient entity or organization must provide a written attestation, under penalty of perjury, that the recipient has complied with the allowable cost provisions (congruent with the Department of Elder Affair's Client Services Manual, the Comptroller's Voucher Processing Handbook, and OMB Circular A-122 or A-87, whichever is applicable). EXHIBIT I to this attachment provides an example attestation document that should be used by the agency head or authorized signatory for contracts to attesl to these provisions. 22 01/01/2002 OAA 203.02 PART II1: REPORT SUBMISSION Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by PART I of this attachment shall be submitted, when required by Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the recipient directly to each of the following within 45 days of receipt of the report but no later than nine (8) months of ru=cipient's fiscal year end: A. The Senior Solutions of SW Florida at the following address: Senior Solutions of SW Florida Attn.: Rscal Specialist 2285 First Street Fort Myers, Florida 33901 The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10'~ Street Jeffersonville, IN 47132 C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised. The recipient shall submit a copy of the reporting package described in Section .320 (c), OMB Circular A-133, as revised, and any management letters issued by the auditor, to the agency at the following address within 45 days of receipt of the report but no later than nine (8) months of recipient's fiscal year end: Senior Solutions of SW Florida Attn.: Fiscal Specialist 2285 First Street Fort Myers, Florida 33901 Copies of audits and reporting packages required by PART II of this attachment shall be submitted by or on behalf of the recipient directly to each of the following within 45 days of receipt of the report but no later than nine (8) months of recipient's fiscal year end:: The Senior Solutions of SW Florida at the following address: Senior Solutions of SW Florida Attn.: Fiscal Specialist 2285 First Street Fort Myers, Florida 33901 The Auditor General's Office at the following address: State of Florida Auditor General Room 574, Claude Pepper Building 111 West Madison Street 23 ' 01/01/2002 T~ll~h~ssee, FlorJd~ 32302-1450 0AA 203.02 Any reports, management letters, or other information required to be submitted to the agency pursuant to this attachment shall be submitted timely in accordance with OMB Circular A-133, 215.97 Flodda Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable and should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the package. Recipients, when submitting the financial reporting packages to the agency, should indicate the date that the audit report was delivered to the recipient in correspondence accompanying the audit report. PART IV: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of this attachment for a minimum pedod of five (5) years from the date the audit report is issued or longer if requested by the agency in writing, and shall allow the agency or its authorized designee, and the Comptroller or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the agency or its designee, and the Comptroller or Auditor General upon request, for a minimum period of five (5) years from the date the audit report is issued, or longer if requested in wdting by the agency. PART V: SPECIFIC REQUIREMENTS OF AGENCY ADMINISTERED PROGRAMS Interest eamed on general revenue funds must be returned to the agency. Interest eamed on federal funds may be used to expand, improve, or sustain the program from which it is generated. A chart is included in all contracts identifying the funding source(s), program titles, applicable CFDA or CSFA numbers and the amount of funds granted. Specific requirements for match, co-payments, and program income applicable to programs administered by the agency are outlined in the following applicability chart. Brief definitions of terms used in the chart are included. 24 o o z o=o~=O ~=.~ ~ = -- .~ - ~ .~ E ~o~o ~ o o: 0 · _ , -~ ~ -- ~ ~ 0~ ~E~9'~ ~ '- -0 ~ ~ 0 ~ :~E :_oo~o ~ ~E ~ ~ ~c ~ E~o= ~ = o ~ = ~ ~ ~ · ~ o · 01/01/2002 OAA MANAGEMENT ATTESTATION LE'I-rER ' 203 .02 Attach ment. II EXHIBIT Corrtract or Agreement Number:. OAA 203.02 James N. Colett$ , hereby attest under penalty of perjury (recipient's authorized representative) that Collier County Government/Svcs for (recipient agency name) Seniors , based on the criteda set forth in the agency's Audit Attachment, PARTS I and II, that The above named recipient agency is not required to provide an audit report or reporting package because [check applicable statement(s)]: the above-named entity does not expend $300,000 or mare in total federal awards in its fiscal year and therefore is not required to have a single or program-specific audit performed in accordance in OMB Circular A- 133, as revised, and/or; the above-named entity does not expend a total amount equal to or in excess of $300,000 in state awards in its fiscal year and therefore is not required to have a State single or program-specific audit in accordance with section 215.97, Flodda Statutes. B. The recipient has complied with the allowable cost provisions [congruent with State and Federal law, the department's Client Services Manual, the Comptroller's Voucher Processing Handbook, and Office of Management and Budget (OMB) Circular A-122, A-110, or A-87, whichever is applicable]. By making this statement the recipient has considered not only funding or awards from the agency, but all sources of Federal and State funding or awards. Fiscal yearended September 30, 2002 (Month, day, year) (Signature) Chairman, Board of County Commissioners (-I'~le) December 31, 2001 (Date) ~. 27 Approved for form and legal sufficiency with respect to Col 1 ter County ~.: ':: Oath of Not for Profit Status OAA 203.02 Attachment III Exhibit - 2 Contract or Agreement Number: As an authorized representative for the Recipient identified herein, and in the above referenced document(s), I do hereby swear under oath that this entity is currently a "not for profit"(non-profit) organization as defined in section 501(c)(3)of the Internal Revenue Code. If this non-profit status changes for any reason dudng the life of the above referenced contract or agreement, the Department of Elder Affairs will be notified in writing immediately. Name of Recipient entity Signature of Authorized Representative Pdnted name and Title of Authorized Representative Date of Oath 28 . 01/01/2002 OAA 203.02 _-RTIFICATION REGARDING DATA INTEGRITY COMPLIANCE FOR CONTRACTS, GRANTS, LOANS AND COOPERATIVE AGREEMENTS Attachment IV Federal Grants Management regulations and the Florida Single Audit Act require financial management systems for recipients of state and federal funds to be capable of providing certain information, assuring accuracy and accountability, in accordance with prescribed reporting requirements. These reporting requirements may require certain calculations or the provision of specified data to fully disclose the financial results of each federally funded or state-sponsored program. To ensure the integrity of the State's accounting systems are not compromised, the following language was composed to protect the interests of the State and the elderly population of Florida who rely on the programs in place to assist them in preserving the quality and duration of their lives. The undersigned, an authorized representative of the recipient named in the contract or agreement to which this form is an attachment, hereby certifies that: (1) The recipient and any sub-recipients of services under this contract have financial management systems capable of providing certain information, including: (1) accurate, current, 'and complete disclosure of the financial results of each grant-funded project or program in accordance with the prescribed reporting requirements; (2) the source and application of funds for all contract supported activities; and (3) the comparison of outlays with budgeted amounts for each award. The inability to process information in accordance with these requirements could result in a return of grant funds that have not been accounted for properly. -'"~ Management Information Systems used by the recipient, sub-recipient(s), or any outside entity on which the recipient is dependent for data that is to be reported, transmitted or calculated, have been assessed and verified to be capable of processing data accurately, including year-date dependent data. For those systems identified to be non-compliant, recipient(s) will take immediate action to assure data integrity. (3) If this contract includes the provision of hardware, software, firmware, microcode or imbedded chip technology, the undersigned warrants that these products are capable of processing year-date dependent data accurately. All versions of these products offered by the recipient (represented by the undersigned) and purchased by the State will be verified for accuracy and integrity of data prior to transfer. In the event of any decrease in functionality related to time and date related codes and internal subroutines that impede the hardware or software programs from operating properly, the recipient agrees to immediately make required corrections to restore hardware and software programs to the same level of functionality as warranted herein, at no charge to the State, and without interruption to the ongoing business of the state, time being of the essence. (4) The recipient and any sub-recipient(s) of services under this contract warrant their policies and procedures include a disaster plan to provide for service delivery to continue in case of an emergency including emergencies arising from data integrity compliance issues. The recipient shall require that the language of this certification be included in all subcontracts, sub-grants, and other agreements and that all sub.contractors shall certify compliance accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Department of Mana~ Services (DillS) Memm-andum No. 6 (98-99) and OMB Circulars A-102 and A-110. Collier County Government Collier County Services for Seniors, Bldg, H .... Barry Williams 3301 Tamiami Trail East FL 34112 ~pient 'Signature / Naples, Social Services Director Title ate Dece, mber,~31, 001 01/01/2002 Name of Authorized Signer (Reviled July2001) OAA 203 . 02 ATTACHMENT V MINIMUM GUIDELINES FOR RECIPIENT GRIEVANCE PROCEDURES APPLICABLE TO ALL ADVERSE ACTIONS DEEMED TERMINATIONS, SUSPENSIONS, OR REDUCTIONS IN SERVICE Medicaid Waiver clients have the right to request a fair hearing from the Department of Children and Families(DCAF) Office of Appeal Hearings in addition to or as an alternative to these procedures. NOTICE TO THE RECIPIENT OF THE ADVERSE ACTON TO BE TAKEN AND EXPLANATION OF THE GRIEVANCE PROCEDURES FOR REVIEWING THAT DECISION The recipient must be informed by the decision maker of the action, in writing, no less than 10 calendar* days prior to the date the adverse action will be taken. (Prior notice is not applicable where the health or safety of the individual is endangered if action is not taken immediately; however, notice must be made as soon thereafter as practicable.) Services cannot be reduced or terminated, nor any adverse action taken during the 10 day period. · The Notice must contain: a statement of what action is intended to be taken; the reasons for the intended action; an explanation of: 1) the individual's right to a grievance review if requested in writing and delivered within 10 calendar* days of the Notice postmark (assistance in writing, submitting and delivering the request must be offered and available to the individual); 2) in Medicaid Waiver actions, the individual's right to request a fair hearing from DCAF; 3) the individual's right, after a grievance review, for further appeal; 4) the right to seek redress through the courts if applicable; a statement that current benefits will continue if a grievance review is requested, and will continue until a final decision is made regarding the adverse action; and a statement that the individual may represent himself/herself or use legal counsel, a relative, a friend, or other qualified representative in the requested review proceedings. · All records of the above activities must be preserved in the client's file. GRIEVANCE REVIEW PROCEDURE UPON TIMELY RECEIPT OF A WRI'I-rEN RECIUEST FOR REVIEW · Within 7 calendar* days of the receipt of a request for review, the provider must acknowledge receipt of the request by a written statement delivered to the requester. This statement must also provide notice of: the time and place scheduled for the review; the designation of one or more impartial reviewers who have not been involved in the decision at issue; the opportun'ity to examine, at a reasonable time before the. review,., tfl~-ifi!]~',_v~u~l,~ record, and to a copy of such case record at no cost to the Individual; !_ N the opportunity to informally present argument, evidence, or witnesses '~ithout~un't:ltle tTIt~rrerenc~ at a reasonable time before or during the review; | a contact person for any accommodatmons reqmred under the Amermand wlth'O~sabllitle~J ~(ct, a , 01/0!/2002 OAA 203.02 assistance, if needed, in order to attend the review; and the stopping of the intended action until ali appeals are exhausted. All grievance reviews must be conducted at a reasonable time, date and place by one or more impartial reviewers who have not been directly involved in the initial determination of the action in question. The reviewer(s) must provide written notification to the requester, within 7 calendar* days after the grievance review, stating: the decision, the reasons therefore in detail; the effect the decision has on current benefits, if favorable, or the circumstances regarding continuation of current benefits until ali appeals are exhausted; the individual's right to appeal an adverse decision to the Area Agency on Aging by written request within 7 calendar* days, except in decisions involving the professional judgement of a legal assistance provider;, the availability of assistance in writing, submitting and delivering the appeal to the appropriate agency; the opportunity to be represented by himself/herself or by legal counsel, a relative, a friend or other qualified representative; for legal assistance service appeals, the individual's right to file a grievance with the Florida Bar regarding complaints related to the actual legal representation provided. PROCEDURE FOR APPEALS OF A GRIEVANCE REVIEW DECISION UPON TIMELY RECEIPT OF A WRITTEN APPEAL, TO THE AREA AGENCY ON AGING Within 7 calendar* days of the receipt of a notice of appeal of a grievance review decision, the AAA must acknowledge receipt of the notice of appeal by a written statement delivered to the appellant. This statement must also provide notice of: the time and place scheduled for the appeal; the designation of one or more impartial AAA officials who have not been involved in the decision at issue; the opportunity to examine at a reasonable time before the appeal the individual's own case record to date, and to a copy of such case record at no cost to the individual; the opportunity to informally present argument, evidence, or witnesses without undue interference during the appeal; assistance, if needed, in order to attend the appeal; and the stopping of the intended action until all .appeals are exhausted. All appeals of grievance reviews must be conducted at a reasonable time, date and place by one or more impartial AAA officials who have not been directly involved in the initial determination of the action in question. The designated AAA official(s) must provide written notification to the requester within 7 calendar* clays after considering the grievance review appeal, stating: the decision, and the reasons therefore in detail; the effect the decision has on current benefits, if favorable, or the circumstances regarding continuation of current benefits until all appeals are exhausted; the individual's right to appeal, if applicable. Except for Medicaid Waiver actions, the decision of the AAA shall be the final decision; and the availability of assistance in requesting a fair hearing, including a noti~e~ regazding, accommodations as required bytheADA. ~--- , ~;~-; ~'i~ '~ [ Ail records of the above activities must be preserVed and remain confide tial. A C~ of the final decision must be placed in the client's file. !.-~ ~ ~ ~ ~[~,~, 31 01/01/2002 O.~j~. 203.02 * In computing any period of time prescribed or allowed by these guidelines, the last day of the period so computed shall be included unless it is a Saturday, Sunday, or legal holiday, in which event the period shall run until the end of the next day which is neither a Saturday, Sunday, or legal holiday. September, 2001 STATE OF FLORIDA ELDER AFFAIRS Attachment VI Department of Elder Affairs Logos STATE O~ FLORIDA ELDER AFFAIRS 3232 01/01/2002 OAA 203.02 33 EXECUTIVE SUMMARY AWARD BID #02-3323 BOARDWALK DECK AND HANDRAIL REPLACEMENT AT BAREFOOT BEACH ACCESS, BAREFOOT BEACH PRESERVE PARK, ~D SOUTH MARCO BEACH ACCESS Objective: To award Bid #02-3323 Boardwalk Deck and Handrail Replacement at Barefoot Beach Access, Barefoot Beach Preserve Park, and South Marco Beach Access to Quality Enterprises U.S.A., Inc. Considerations: Bid #02-3323 was posted on January 16, 2002 with notices sent to 21I vendors. Bids were opened on February 7, 2002 with three bids received, per attached bid tabulation. Of the three (3) bids received, one was considered non-responsive. Staff has reviewed the remaining bids and recommend to award the base Bid #02-3323 to Quality Enterprises U.S.A., Inc. as the lowest responsive bidder in the amount of $194,426.98. The scope of work is to replace the existing deck and handrail with plastic lumber. Fiscal Impact: Funds are budgeted in FY 2002 Tourist Development Fund. Growth Management: Barefoot Beach Access, Barefoot Beach Preserve Park, and South Marco Access are inventoried in the Collier County Growth Management Plan. Recommendation: That the Board of County Commissioners award Bid #02-3323 to Quality Enterprises U.S.A., Inc. in the amount of $194,426.98 for boardwalk deck and handrail replacement. Prepared by: Reviewed by: Debbie Roberts, OPerations Coordinator Department of Parks and Recreation Mar*ltl R~msey, Directot~/ Department of Parks and Recreation Date: Reviewed by: ~ - Steve Carnell~ Director ~ of ~cMs~~ Reviewed by: ~~%'~-~/ J~ D~uck, Ad~istrator P~lic Se~ices Division Date: AGENDA ITEM No. No. /~ ~ FEB 2,~ ZOO2 ! · 0 r- AGENDA ITEM No. /~. ,,~ ~Y.. FEB 2 6 ZOO2 EXECUTIVE SUMMARY APPROVE COMMITTEE SELECTION OF SlX FIRMS FOR CONTRACT NEGOTIATIONS FOR REP 02-3324 "FIXED TERM SURVEYING & PHOTOGRAMETRIC SERVICES" OBJECTIVE: Obtain Board's approval of Committee's selection of firms for professional consultant services for upcoming surveying and photogrametric services as needed, and authorization to begin contract negotiations for subsequent Board approval. This will save the County having to go out with an individual RFP on each project. CONSIDERATIONS: The RFP was issued in accordance with Florida State Statute 287.055, Consultant Competitive Negotiation Act, and publicly advertised on December 14, 2001. Notices ~were sent to 155 firms with 25 vendors requesting full packages. 13 responses were received by the due date of January 4, 2002. A Selection Committee Meeting was held on February 5, 2002 and after review. ranking and discussion; by consensus of the members, the following 6 firms were recommended for award: Wilson Miller Southern Mapping Technology Agnoli, Barber & Brundage Wilkison & Associates Johnson Engineering Q. Grady Minor & Associates The RFP referenced that work orders would be issued in accordance with the County's Purchasing Policy. Purchasing Policy Section VII 1 limits each work order assignment to a maximum initial amount of 590.000 and a maximum initial contract amount of $500,000. FISCAL IMPACT: Each using department shall allocate funds from the appropriate cost centers as the work orders are assigned. GROWTH MANAGEMENT IMPACT: This has no growth management impact. RECOMMENDATION: That the Board of County Commissioners; (1) Approve the Committee's selection of firms. (2) Authorize staff to begin Contract negotiations with the selected firms. SUBMITTED BY: ~'~._,DZ--~-(J~;;-7.~ _~//.:~ //:. ( XJenior Pu. ffehasing & Contracts Agent REVIEWED BY: ~~'1', ~'~, ~-~"/'/';;' Steve Cdrne'll', D~ector Purchasing/General Services Department Date: ,~,~/_~-/6 ~ . Date: Z/.5/0 2.. APPROVED BY: jo'-~/VSCoe_Leamer Administrative Services Division Administrator Date: AG£NO& I TE.I,~ FEB 2 6 2002 EXECUTIVE SUMMARY APPROVE STAFF'S SHORT LIST FOR ARCHITECTURAL SERVICES FOR THE DESIGN OF THE GREY OAKS PUBLIC SAFETY FACILITY, RFP #02-3326 OBJECTIVE: To have the Board approve the short list of architectural firms to provide professional services for the programming and design of the Grey Oaks Public Safety Facility. The occupants of the facility will be the County's EMS Department, the East Naples Fire Department and the North Naples Fire Department. CONSIDERATIONS: On December 11, 2001, the County published a Request for Proposal (RFP #02-3326) to provide architectural and design services for programming and design of the Grey Oaks Public Safety Facility. A selection committee comprised of representatives from Facilities Management, Purchasing, East Naples Fire Department, North Naples Fire Department and the County's EMS department reviewed the six proposals that were received by the due date of January 4, 2002 and by consensus short listed the following firms: 1. Barany Schmitt Summers Weaver and Partners, Inc. 2. Schenkel Shultz, Architecture 3. Gora McGahey Associates In Architecture Staff is requesting authorization to negotiate a Professional Services Agreement with the top ranked firm. Barany Schmitt Summers Weaver and Partners. Inc.. and if necessary, to negotiate with the second and third choices. FISCAL IMPACT: Funds are available and currently budgeted from Impact Fee Funds (350- 140470-80119) and the project costs will be pro-rated 33 1/3% among the three using departments. GROWTH MANAGEMENT IMPACT: This request is consistent with the County's Growth Management Plan. RECOMMENDATION: That the Board approve the short list and authorize staff to negotiate a contract with the top ranked architectural firm, Barany Schmitt Summers Weaver and Partners, Inc. pREPARED BY: ,dack Crognale, Construction Manager Department of Facilities Management S'kip Camp, CFM, Director Department of Facilities management DATE; DATE: AGENDA ITEM FEB 2 200,' Executive Summary RFP g02-3326 (cont.) Page 2 REVIEWED BY: '~.~. ~z_ Jeffrey'S, ~l~rector ol~ Operations E.M.S DATE: REVIEWED BY: Vh . ~ DATE: £ Steve Camell, Dir~tor Purchasing Department REVIEWED BY: ' DATE: Jo-Anne Varcoe-Leamer. Administrator Administrative Services Division i "' A~I~i:)A ITEl4 ~ NO. TABUI~TION FOR RFP # 02-3326 "Professional Architectural Services for Design of New Grey Oaks EMS 20/Fire Facility" DATE OF RFP ADVERTISEMENT: I2/11/01 RFP DUE: 01/04/02 NO. OFNOTICES SENT: 4.9;; VENDORS REQUESTED FULL PACKAGE: 18 Pro ~oser City, State Ori$inal + 5 Copies Synalovski Gutierrez Romanik Architects, Inc. Hollywood, FL X Yes ~_1 N~ Architectural Network, Inc. Naples, FL X Yes U_J No SMRT Architecture En$ineerin$ Plannin~ Sarasota, FL X Yes I 1 No Gora McGahey Associates In Architecture Ft. Myers, FL X Yes L.J No Barany Schmitt Summers Weaver and Partners, Inc,. Naples, FL X Yes I I No Schenkel Shultz Architecture Naples, FL X Yes I"1 No Vv~imess FEB26 ZO Z I EXECUTIVE SUMMARY APPROVE THE BUDGET AMENDMENTS TO TRANSFER RESERVES FROM FUND 517, GROUP HEALTH AND MFE, TO THE NEW FUND 519, SHORT- TERM AND LONG-TERM DISABIMTY ;~N THE AMOUNT OF $250,000 OBJECTIVE: Facilitate the transfer of reserves budgeted in Fund 517 for FY'02 to the newly established Fund 519 for the payment of Short-term Disability claims and administrative fees. CONSIDERATION: Effective January 1,2002, Collier County initiated a Self- Insured, Short-term Disability Program for employees, and adequate reserves were budgeted through Fund 517, Group Health and Life, to facilitate the payment of these claims. At the guidance of the Finance Department, a new fund was established, Fund 519, Short-term and Long-term Disability, to facilitate the separation of the reserves. In order to begin repayment of existing claims, it is necessary to transfer the budgeted reserves from Fund 517 to Fund 519. FISCAL IMPACT: A budget amendment will be needed for $250,000 to transfer those funds from Fund 517 reserves and appropriate those funds in Fund 519. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact. REVIEWED BY: RECOMMENDATION: That the Board of County Commissioners approves the transfer of $250,000 from Fund 517, Group Health and Life, to Fund 519, Short- term and Long-Term Disability and ~e necessary budget amendment to transfer the funds as stated ~~/~ ~~ Date: c,,)-- ~ ~- SUBMITTED BY: ~a~e,Brien~M Date: ,~...,/'/~,//~ 2____ APPROVED BY: ,nsation & Benefits U ~'ffr~/A.~/alker Director, Employe/,e.,~ervices Jo-Anne Learner ASD Administrator Date: EXECUTIVE SUMMARY APPROVAL OF A RESOLUTION ESTABLISHING AN EMPLOYEE HEALTH AND W~.! .!.NESS pREVENTION, INCENTIVE AND REIMBURSEMENT PROGRAM TO REWARD EMPLOYEES WHO PARTICIPATE IN COUNTY SPONSORED OR ENDORSED HEALTH AND WFI .!-NESS PROGRAMS IN AN AMOUNT NOT TO EXCEED $35,000 ANNUALLY. OBJECTIVE: To receive approval for the implementation of an employee health and wellness prevention, incentive and reimbursement program designed to provide incentives to employees to participate in improving their health, thus reducing group health insurance program costs. CONSIDERATIONS: The Board offers to its employees and participating Constitutional Agencies a Health and Wellness program. The purpose of this program is to identify at-risk employees and to educate and motivate them to improve their health. The direct public benefit of such a program is a reduction in overall group health program costs; reduced lost work days; improved employee morale; and increased productivity. In calendar year 2001, the County's Wellness Nurse Coordinator has performed over 600 individual wellness assessments on employees and has identified 83 individuals with excessive risk factors. As a result, over 20 of these individuals have been referred to a physician for preventive care or intervention. These referrals can intervene in or prevent the onset of heart attack, stroke, diabetes or other diseases. The cost of a single heart bypass operation is in excess of $75,000. Therefore, the fiscal impact of such assessments is significant. The resolution in question will authorize the expenditure of funds directly to or on behalf of employees who participate in County sponsored wellness programs which may include but not be limited to health fairs, exercise incentives, smoking cessation programs, nutrition counseling, medical screenings and tests, disease-specific prevention and management programs, inoculations, weight management, and other programs intended to prevent the onset of disease, manage disease, and/or address issues of morbidity. Employees shall be eligible for pre-payment, payment or reimbursement for their participation depending upon the type of program offered. Such payment or reimbursement shall not exceed $100 per participant per program. Specific examples of these programs include health fair promotions, smoking cessation programs, Weight Watchers programs, and the Peak Fitness exercise incentive program. Many of these programs will be on a reimbursement basis and are predicated upon the successful completion of the program. The resolution has been reviewed and approved by the County Attorney's Office for legal sufficiency, i "~'~;~'"'-' FISCAL IMPACT: It is estimated that in FY 02, the Risk Management Department will expend approximately $35,000 on these programs. Funds are budgeted within Fund 518, Group Health and Life specifically for this purpose. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: It is recommended that the Board of Commissioners apgrove a resolution authorizing the establishment of an employee health and wellness prevention, incentive and reimbursement program with an effective date of October 1, 2002. SUBMITTED BY: Management APPROVED BY: Jeff ~/alk'er, CPCU, ARM, Employee Services Director Date: Jo-Anne Varcoe-Leamer, Administrative Services' Administrator RESOLUTION NO. 02- RESOLUTION APPROVING THE ESTABLISHMENT OF AN EMPLOYEE HEALTH AND WELLNESS PREVENTION, INCENTIVE AND REIMBURSEMENT PROGRAM TO REWARD EMPLOYEES WHO PARTICIPATE IN COUNTY SPONSORED OR ENDORSED HEALTH AND WELLNESS PROGRAMS. WHEREAS, Collier County Government desires to be an employer of excellence; and WHERAS, the Risk Management Department is presently seeking to adopt more innovative and effective health and wellness programs for its employees; and WHEREAS, the occurrence of preventable illness among county employees and their covered dependents is costly to the County in terms of health care expenditures, missed work days, reduced productivity, and reduced morale; and WHEREAS, many private and public employers have implemented or are considering implementing various health and wellness incentives to reduce health care expenditures, reduce lost work days, increase productivity, and improve morale; NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: This Resolution to approve the initiation of an Employee Health and Wellness Prevention, Incentive, and Reimbursement Program is hereby adopted. Under this program, employees who participate in County sponsored wellness programs which may include but not be limited to health fairs, exercise incentives, smoking cessation programs, nutrition counseling, medical screenings and tests, disease-specific prevention and management programs, inoculations, weight management, and other programs intended to prevent the onset of disease, manage disease, and/or address issues of morbidity shall be eligible for payment or reimbursement for their participation depending upon the type of program offered. Such payment or reimbursement shall not exceed $100 per participant per program. The Risk Management Director shall be authorized to implement procedures to manage this program. In addition, this Resolution shall authorize the expenditure of funds for the promotion of health and wellness programs subject to the requirements of the Collier County Purchasing Policy. This Resolution adopted after motion, second and majority vote, favoring same. DATE: 2002 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST: Dwight E. Brock, CLERK By: James N. Coletta, CHAIRMAN By: Deputy Clerk Approved as to form and legal sufficiency: Ramiro Mafialic~ ' Chief Assistant County Attorney AGE NOA I TIM, ~ No. ,/~-~-" ~- FEB 2 6 20(]2 EXECUTIVE SUMMARY AUTHORIZE THE CHAIRMAN TO SIGN FIVE APPLICATIONS SUBMITTED BY COLLIER COUNTY GOVERNMENT TO THE NATIONAL ASSOCIATION OF COUNTIES (NACo) AWARDS PROGRAM OBJECTIVE: To submit innovative programs initiated by Collier County Government for recognition in the National Association of Counties (NACo) awards program. CONSIDERATIONS: On an annual basis, innovative programs initiated by Collier County Government are submitted to compete in the NACo awards program. The following five programs were submitted by Collier County for consideration in this year's awards cycle: Department, Employee Services Library Emergency Management Emergency Management Solid Waste Program Employee Career Development Program Library Literary Program Pet Sheltering During Disasters Host/Risk Sheltering Program Recycling and Waste Reduction is our Future. The Future is now. This year's applications deadline for consideration in the NACo awards program was February 15, 2002. The applications also required the signature of the Chairman of the Board of County Commissioners. To meet the deadline, the Chairman signed each of the five application packages submitted by Collier County. There are no policy implications associated with these award applications. FISCAL IMPACT: Each NACo award submittal required a 550 application fee. The total cost for the four applications submitted by Collier County amounted to $250. Funds are available in the respective operating budgets of the departments that submitted applications. GROWTH MANAGEMENT IMPACT: There is no growth management plan impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners: program applications submitted b~ilier County. Approved by: Jo-Anne Varcoe-Leamer, Administrative Services Administrator Approved by: Th-~mV'as W. O~if~, Co~?M ag Authorize the Chairman to sign the National Association of Counties (NACo) award AGENDA ITEM No. 16, e- ~ FEB 26 2002 ,,"-- EXECUTIVE SUMMARY RECOMMENDATION TO DECLARE CERTAIN COUNTY-OWNED PROPERTY AS SURPLUS AND AUTHORITF A SALE OF THE SURPLUS PROPERTY ON MARCH 16, 2002. OBJECTIVE: To authorize the sale and disposal of all surplus County-owned assets at the next surplus auction, which is scheduled for Saturday, March 16, 2002. CONSIDERATION: Pursuant to the Purchasing Policy, attached is an itemized list of surplus property that has been transferred to the Purchasing Department. The Board of County Commissioners has approximately six hundred and fifty (650) items that will be auctioned, of which there are several pieces of computer equipment, typewriters, furniture, equipment, vehicles, etc. The County is currently under contract with a full-service auctioneer, First Coast Auction & Realty, Inc., to provide comprehensive auctioneer services to include preparation for the event, sale and disposal of all surplus County-owned assets, and the transfer and disposition of all property titles. This sale will be conducted pursuant to Section 274.06, Florida Statute. The items on the attached list are being offered for transfer to other departments prior to auction. In an effort to dispose of additional surplus items received by the Purchasing Department prior to the "'"'arch 16, 2002 auction date, staff is requesting permission to dispose of additional non-asset surplus ,,ems that may be received subsequent to the preparation of this Executive Summary at the March auction. All items sold and their realized values will be reported in a follow-up Executive Summary. FISCAL IMPACT: The net revenue will be credited to the appropriate funds. GROWTH MANAGEMENT IMPACT: This will not effect the growth management impact. RECOMMENDATION: That the Board of County Commissioners authorize the sale and disposal of all surplus County-owned items as per the attached list on March 16, 2002. SUBMITTED BY:~ Y~(~/.~ Rhonda L, Tibbetts, Purchasing Agent Date: REVIEWED BY: Steph6/n Y~ C~rnell. Director Purchasing/General Services Date: Jo-Anne Learner, Administrator Administrative Services Division SURPLUS PROPERTY-INVENTORY 101-199 CPUs ITEM IFUND I ITEM DESCRIPTION/SERIAL # ASSET# IFROM 101 OO1 QUALSTAR DIST. DRIVE model#704070 NONE IT 102 103 104 OO1 ICR SERVER ser~25801362 940663 FACILITIES 105 OO1 COMPAQ DESK PRO XL 550 NONE FACILITIES 106 OO1 TOWER ser~ none NONE FACILITIES 107 108 OO1 COMPAQ SMART ser#c1531hepzf373 NONE FACILITIES 109 110 111 OO1 TOWER ser"4: none NONE FACILITIES 112 113' OO1 DYNASYS CPU s~9403tpx139 NONE HEALTH 114 115 O10 DIGITAL MODEN DF100 DT 88936 MIS 116 O10 DIGITAL MODEN DF100 DT 890446 MIS 117 O10 DIGITAL MODEN DF100 DT 890145 MIS .118 O10 MODEM DF 120 n007620 NONE MIS 119 O10 MULTIDSU 56K DSU/CSU 1300707 NONE MIS ~120 O10 MULTIDSU 56K DSU/CSU 1300427 NONE MIS 121 O10 MULTIDSU 56K DSU/CSU 1307546 NONE MIS 122 O10 MULTIDSU 56K DSU/CSU 1300215 NONE MIS 123 O10 MULTIDSU 56K DSU/CSU 1300215 NONE MIS 124 O10 MULTIDSU 56K DSU/CSU 1300886 NONE MIS .125 O10 MULTIDSU 56K DSU/CSU 1301323 NONE MIS 126 O10 MULTIDSU 56K DSU/CSU 130452 NONE MIS '127 O10 MODEM DF 124 19806 892090 MIS 128 O10 MODEM DF 124 PSO926ql/23056 890254 MIS 129 O10 MODEM DF 124 SC15522/KL8149893, 89'1164 MIS '130 O10 MODEM DF 124 KL81502083 890744 MIS 131 O10 MODEM DF 124 20134/KL81502074 890945 MIS 132 O10 MODEM DF 129 18736/N0071255 891165 MIS '133 O10 MODEM DF 100-DT SK32559PS016632 NONE MIS 134 O10 MODEM DF 129 190055/N007618 NONE MIS 135 O10 MODEM DF 100-DT SC16452/N006131 NONE MIS 136 O10 MODEM DF 129 N007663/19088 88935 MIS .137 O10 MODEM DF 129 NQ08654 891857 MIS 138 O10 DECSERVER 200/MC AG919DCV39 NONE MIS .139 O10 DECSERVER 200/MC AG804ME309 881164 MIS 140 O10 COMPAQ DESK PRO 286 4652AK80397 87758 MIS 141 O10 HYUNDAI BHA17012859 88832 MIS 142 O10 COMPAQ DESK PRO 286 4652AK7BS0407 87757 MIS 143 O10 iCOMPAQ DESK PRO 386/25M 001-31-0050564305 NONE MIS 144 O10 DEC SERVER 200/MC AG8021F160 881263 MIS 146 O10 MODEM DF 108 RM KA236W5545 NONE MiS 147 F£B 2 .n0? I 148 149 NCR SYSTEM 333 {TC #1971 / 15-26460908 940669 TAX COLLECTOR 150 O10 DIGITAL MODEM DF 108-RM KA220N8804 NONE MIS 151 O10 MODEM PATADYNE 00027243 NONE MIS 152 153 O10 MODEM DIGITAL OF100DT 23055 NONEi MIS 154 O10 MODEM DIGITAL DF100DT 20116 NONE MIS 155 156 MODEM MULTITEK 3660064 NONE TAX COLLECTOR 157 MODEM MICORCOM 6118050128 NONE TAX COLLECTOR 158 159 160 OO1 COMPUTER TOWER 920350 EMERG. MGMT. 161 OO1 COMPUTER TOWER EMERG. MGMT. 162 OO1 COMPUTER TOWER EMERG. MGMT. 163 OO1 COMPUTER TOWER EMERG. MGMT. 164 OO1 COMPUTER TOWER EMERG. MGMT. 165 OO1 COMPUTER TOWER EMERG. MGMT. 166 OO1 COMPUTER TOWER EMERG. MGMT. 167 OO1 COMPUTER TOWER EMERG. MGMT. 168 OO1 TOWER GL1GL T133 HEALTH 169 OO1 UNISYS CMT51007-Z HEALTH 170 OO1 UNISYS CMT51007-Z HEALTH 171 OO1 UNISYS CMT51007-Z HEALTH 172 173 OO1 DIGITAL TOWER HEALTH 174 OO1 DIGITAL TOWER HEALTH 175 OO1 TOSHIBA LAPTOP 4150 HEALTH 176 OO1 TOSHIBA LAPTOP 4150 HEALTH 177 178 179 180 080 TOWER ELECTIONS 181 080 TOWER IMAGE ELECTIONS 182 080 TOWER 96083 ELECTIONS 183 O10 VAX 4100 CPU 940395, 940644, 940635 940394 MIS 184 080 TOWER ELECTIONS 185 080 AST BRAVO PC 940297 ELECTIONS 186 113 DTK FILE SERVER 900522 COM. DEVELOP 187 080 SCAN PORTEL ELECTIONS 188 080 AST BRAVO PC 940505 ELECTIONS 189 080 AST BRAVO PC 940504 ELECTIONS 190 OO1 SATELLITE LAP TOP TRANSPORT. 191 OO1 1 BOX MlSC ELECTRIC TRANSPORT. AGE~ ITEM~ FEB 2 6 2002 SURPLUS PROPERTY - INVENTORY 201-299 Computer Monitors iTEM FUND ITEM DESCRIPTION/SERIAL # ASSET # FROM 201 OO1 IMPRESSIONS FCCH79DCM-1488 NONE'FACILITIES 202 OO1 ArT JUP7156-36 NONE FACILITIES 203 204 OO1 'SAMSUNG A3LCMB547 NONE FACILITIES 205 OO1 SAMSUNG HCFJ801189 NONE FACILITIES 206 OO1 DIGITAL VCR16-HA 2A25300320 NONE =ACILITIES 207 208 209 AT&T CDM4A3E 17-25626925AK NONE 210 IMPRESSIONS 3 DCM-1488E NONE 211 WYSE WY-630-3 2131000404 (IT #1 NONE 212 HONEYWELL BULL HB1X7M06778 (IT#1 NONE 213 TATUNG CM 17MBR 56140077 NONE 214 215 COMPAQ DESK PRO (IT #1853) NONE EMERG. MGMT. 216 217 218 COMPAQ DESK PRO NONE 219 TELEX 191 137645 88937 MIS 220 COMPAQ 20714544016 920687 221 HP D1182a 81J96572 NONE 222 223 224 225 226 OO1 SMALL MONITOR --AClLITIES 227 OO1 SMALL MONITOR FACILITIES 228 OO1 SMALL MONITOR FACILITIES 229 OO1 SMALL MONITOR FACILITIES 230 OO1 SMALL MONITOR FACILITIES 231 OO1 SMALL MONITOR FACILITIES 232 OO1 DIGITAL MONITOR FACILITIES 233 234 OO1 UNISYS MONITOR HEALTH 235 OO1 10 o DIGITAL MONITORS HEALTH 236 237 OO1 1 BOX MONITOR :MIS 238 OO1 ~1 BOX MONITOR MIS 239 OO1 I BOX MONITOR VIIS 240 OO1 1 BOX MONITOR MIS 241 OO1 1 BOX MONITOR MIS 242 OO1 I BOX MONITOR MIS 243 OO1 1 BOX MONITOR MIS 244 OO1 1 BOX MONITOR MIS 245 OO1 I BOX MONITOR MIS 246 OO1 I BOX MONITOR MIS 247! OO1 1 BOX MONITOR MIS AGF_,N/D A ITEM., FEB 2 6 200 248 OO1 MAGNATRONIC EMERG MGMT. 249 O10 1 BOX MONITOR MIS 250 O10 1 BOX MONITOR MIS 251 O10 I BOX MONITOR MIS 252 O10 I BOX MONITOR MIS 253 O10 1 BOX MONITOR MIS 254 O10 1 BOX MONITOR MIS 255 O10 1 BOX MONITOR MIS 256 O10 I BOX KEYBOARD MIS 257 080 2 CTX MONITOR ELECTIONS 258 080 AST MONITOR ELECTIONS SURPLUS PROPERTY-INVENTORY 301-399 Printers ITEM IFUND I ITEM DESCRIPTION/SERIAL # IASSET # IFROM 301 O10 LA75-A2 DIGITAL TY030J1277 901204 MIS 302 O10 LA75-A2 DIGITAL 7148F6685 890170 MIS 303 O10 LA75-A2 DIGITAL TY937 920430 MIS 304 O10 LA75-A2 DIGITAL 900289 MIS 305 O1Oi LA75-A2 DIGITAL TY916E550 891440!MIS 306 O10 LA 100 BA PNW656 NONE MIS 307 O10 PANASONIC KX P10801 8BMAKM5A318 NONE MIS 308 O10 DIGITAL LETTER WRITER PNY7736 NONE MIS 309 O10 LETTERWRITER 100 PN03173 NONE MIS 310 O10 HP LASER JET II (does not work) 2KMBRJ30916 NONE MIS 31t O10 PANASONIC KX-P4410 LASER PRINTER NONE IT 312 O10 EPSON NONE FACILITIES 313 314 O10 PANASONIC KXP1150 31CMEA53992 NONE FACILITIES 315 O10 IBM 11-488029 NONE FACILITIES 316 O10 HP DESK JET 660C 5G57P141PD NONE FACILITIES 317 O10 PANASONIC 41MCJB82440 NONE FACILITIES 318 O10 HP DESK JET 500 122255 NONE FACILITIES 319 O1OIPANASONIC QUIET UCMCF10444 NONE FACILITIES 320 O10 UNISYS 1YL4039-101 NONE FACILITIES 321 O10 PANASONIC 4CMCH044312 NONE FACILITIES 322 O10 NCR 103451 NONE FACILITIES 323 O10 NAKG JIMA AE800 NONE FACILITIES 324 O10 DIGITAL SP100 2M42000471 NONE HEALTH 325 O10 FARGO 18-LN11-A2 40320446 NONE HEALTH 326 O10 OKIDATA 104A0045087 NONE HEALTH 327 O10 DIGITAL PRINTER LN11-A2 2M42000476 NONE HEALTH 328 O10 DIGITAL DEC WRITER 87894 MIS 329 O10 330 OIO LA75-A2 DIGITAL 891675 MIS 331 HP LASER JET SERIES II (IT #1604) 891779 332 DIGITAL LA75 TY916E5543 891437 MIS 333 ~o. FEB 2 6 2882 334! MANNESMAN TALLY MT150 (TC#2093) 1642248 950497 TAX COLLECTOR 335 DIRECT FROM UNISYS 61Pll 10681 NONE 336 MANNESMAN TALLY MT150 (TX ~22681 1662684 961387 TAX COLLECTOR 337 338 MANNESMAN TALLY MT150 (TC #2267) 1662652 961386 TAX COLLECTOR 339 340 EPSON COLOR (TC ~2067) 1501088839 NONE TAX COLLECTOR 341 HP LASER JET ITC #1836) 320787668(: 920987~ TAX COLLECTOR 342 OKIDATA MICROLINE 590 (TC ¢1r2089) NONE TAX COLLECTOR 343 OOI~PRINTER PARKS &REC 344 OO1 PRINTER TAX COLLECTOR 345~ OO1 PRINTER TAX COLLECTOR 346 OO1 LASER PRINTER TAX COLLECTOR 347 OO1 LASER PRINTER EMS 348 OO1 LASER PRINTER EMS 349 OO1 LASER PRINTER EMS 350 OO1 LASER PRINTER EMS 351 OO1 LASER PRINTER FACILITIES 352 OO1 LASER PRINTER FACILITIES 353 O10 EPSON FX 1170 PRINTER 881244 MIS 354 OO1 DIGITAL 2M42000216-LNll-AZ NONE HEALTH 355 OO1 PRINTER HP FACILITIES 356 OO1 PRINTER HP FACILITIES 357 OO1 =RtNTER HP6 HEALTH 358 OQ1 DIGITAL DEC LASER 1800 HEALTH 359 OO1 HP LASER Iii HEALTH 360~ OO1 OKIDATA 393 HEALTH 361 OO1 IBM PS2 2380 HEALTH 362 OO1 IBM PS2 2380 HEALTH 363 OO1 HP DESK JET 1600 C HEALTH 364 OO1 OKIDATA TP751239 900444 HEALTH 365 OO1 -{P C3150ALJ5 960153 HEALTH 366 OO1 LEMARK 2380 PLUS HEALTH 367 OO1 LEMARK 2380 PLUS HEALTH 368 OO1 IBM 2380 HEALTH 369 OO1 DIGITAL LA75S-A2 HEALTH 370 OO1 DIGITAL PRINTER LJ 10 HEALTH 371 OO1 -IP FACILITIES 372 O10 DEC LASER 5100 PRINTER MIS 373 O10 DEC WRITER PRINTER Ill MIS 374 O10 PANASONIC PRINTER 920801 MIS 375 O10 EPSON DIGITAL PRINTER MIS 376 080 HP LASER JET SERIES III ELECTIONS 377 O10 IF 857 IN DSSI CABINET 920679 MIS 378 O10 EPSON FX 170 MIS 379 O10 DECCONET SERIAL CABINET 910340 MIS 380 080 PITNEY BOWES LETTER OPENER 813420 ,ELECTIONS 381 O10 CCIS PRINTER 'MIS 382 O10 CCIS TYPEWRITER MIS 383 O10 CCIS LASERWRITER MIS 384 O10 CCIS LASERWRITER MIS 385 080 MICROFISH MACHINE ELECTIONS 386 OO1 BOX OF 2 WAY RADIOS EMERG. MGMT. 387 101 PRINTER HP TRANSP. OPS FEB 2 G 2002 SURPLUS PROPERTY- INVENTORY 401-499 TypewriterslFAX Machines ITEM JFUND I ITEM DESCRIPTION/SERIAL # IASSET # IFROM 401i 001 PANASONIC FAX 05930903371 NONE FACILITIES 4021 408 MURATEC F-82 FAX DKUJPN-75069-PA-E 95079 UTILITY BILLING 4O3 404 PANASONIC KXE50 (HD #1328/ 971419 HEALTH DEPT. 405 IBM PERSONAL WHEELWRITER 2 LEXMARK NONE TAX COLLECTOR 406 IBM PERSONAL WHEELWRITER 2 LEXMARK (TC #2785) NONE :TAX COLLECTOR 407 IBM WHEELWRITERS (TC ¢Y2869/ NONE TAX COLLECTOR 408 XEROX 6040 MEMORYWRITER (TC#1130/ 87839 TAX COLLECTOR 409 XEROX 6010 MEMORYWRITER (TC#1 498/ 900883 TAX COLLECTOR 410 IBM PERSONAL WRITER (TC ¢¢27821 11PCR 18 NONE TAX COLLECTOR 411 XEROX 6010 MEMORYWRITER (TC #1362/ 900239 TAX COLLECTOR 412 XEROX 6010 MEMORYWRITER (TC #0597) 88766 TAX COLLECTOR 413 XEROX 6015 MEMORYWRITER NONE TAX COLLECTOR 414 XEROX 6010 MEMORYWRITER (TC #1154) 87838 TAX COLLECTOR 415 SHARP UX172 ITC 21865) NONE TAX COLLECTOR 416 IBM PERSONAL WHEELWRITER (TC #2787) NONE TAX COLLECTOR 417 TYPEWRITER (TC #1364) 900235 TAX COLLECTOR 418 TYPEWRITER (TC #1363) 900234 TAX COLLECTOR 419 TYPEWRITER (TC #531) 85195 TAX COLLECTOR 420 TYPEWRITER (TC #1140) 87842 TAX COLLECTOR 421 TYPEWRITER (TC #0446) 87840 TAX COLLECTOR 422 TYPEWRITER (TC #1148) 87841 TAX COLLECTOR 423 PANASONIC KXE508 TYPEWRITER (HD #1328) 871419 HEALTH DEPT. 424 ADLER ROYAL TYPEWRITER NONE HUMAN RES 425 OO1 IBM SELECTRIC III 4592 EMERG. MGMT. 426 CANNON FAX S#UNZ311426 EMS 427 TYPEWRITER TAX COLLECTOR 428 TYPEWRITER TAX COLLECTOR 429 TYPEWRITER TAX COLLECTOR 430 TYPEWRITER TAX COLLECTOR 431 TYPEWRITER TAX COLLECTOR 432 TYPEWRITER TAX COLLECTOR 433 OO1 FAX MACHINE FACILITIES 434 OO1 LASER PRINTER FOR BLUE PRINTS FACILITIES 435 OO1 SMALL TYPING TABLE FACILITIES 436 OO1 TYPEWRITER FACILITIES 437 O10 TEXAS INSTRUMENT OMNI 800 MIS 438 IBM SELECTRIC II HEALTH DEPT. 439: PANASONIC HEALTH DEPT. 440 PANASONIC TYPEWRITER HEALTH DEPT. 441! IBM SELECTRIC Ill HEALTH DEPT. AG£'I~DA ITEt~ ~ FEB 2 6 20Q2 442! IBM SELECTRIC 111 HEALTH DEPT. 443 PANASONIC KX-E4000 HEALTH DEPT. 444 PANSONIC KX-E706 HEALTH DEPT. 445 114HP ELMO PLOTTER 881179 POLLUTION 446 114 POWER MAC 6/00/0 COMPUTER SYSTEM/CO 940779 POLLUTION 447 448 OO1 JVC VCR EMERG. MGMT. 449 OO1 NCR COMPUTER PRINTER EMERG. MGMT. 450 OO1, P.ANASONIC PRINTER EMERG MGMT. 451 OO1 PANASONIC PRINTER EMERG. MGMT. 452 OO1 1 BOX CB RADIOS EMERG. MGMT. 453 OO1 I POWER BOX ELECTRIC EMERG. MGMT. 454 O10 DIGITAL DEC SERVER MIS 455 O10 DIGITAL MUXSERVER 380 iMIS 456 O10 DSR VB-A DEC SERVER 200 M/C 88162 MIS 457 O10 :DIGITAL DEC MUX300 MIS 458 O10 DIGITAL DEC MUX 300 MIS 459 O10 DIGITAL COMPANION PRINTER 891435 MIS 460 O10 DEC LASER 2100 PRINTER 921172 MIS 461 O10 VITALINKCOMMUNICATIONS 921125 MIS 462 O10 DEC LASER SERIES 200 MC 881160 MIS 463 O10 DEC SERVER 200/MC MIS 464 O10 MULTI DSV 56K MIS 465 O10 MULTI DSV 56K MIS 466 O10 MULTI DSV 56K MIS 467~ O10 MULTI DSV 56K MIS 468 O10 MULTI DSV 56K MIS 469 101 ROYAL 520 TYPEWRITER TRANSP. OPS SURPLUS PROPERTY- INVENTORY 501-599 Other Office Equipment ITEM IFUND I ITEM DESCRIPTION/SERIAL # IASSET # IFROM 501 001 'FOLDING MACHINE 52FOLDERH014154 871900 AGRICULTURE 502 001 PANASONIC COPIER JIC23314296 NONE FACILITIES 503 408 CANNON 2120 COPIER VJB08694 940235 UTILITY BILLING 504 505 MONROE 3140 CALCULATOR ITC #1483) N368840 NONE TAX COLLECTOR 506 MONROE 3140 CALCULATOR ITC #1357) G177423 TAX COLLECTOR 507 MONROE 3140 CALCULATOR ITC #1354) G179407 TAX COLLECTOR 508, SMITH CORONA PERSONAL WORD PROC (TC #2063) TAX COLLECTOR 5O9 510 511 CANNON COPIER ITC #2051) NTL 18791 TAX COLLECTOR 512 513 514 515 516 517 MONROE 4130 CALCULATOR (TC #1761) V824712 TAX COLLECTOR 518 TEXAS INSTRUMENT 15130 CALCULATOR 429068 NONE 519 OO1 XEROX COPIER 5014 (POOR COPIES) 901154 REAL PROPERTY 520 408 GRAYBAR PRINTER 891089 UTILITY BILLING 521 408 SPECTRUM INSERTING SYSTEM 5 PIECES 8951014 UTILITY BILLING 522 OO1 BACKUP POWER SYSTEM 890240 EMERG. MGMT. 523 OO1 GE TRANSMITTER 9728 EMERG. MGMT. 524 OO1 WEATHER DOWN LINK 890795 EMERG. MGMT. 525 OO1 GPS RECEIVER 2 QTY EMERG. MGMT. 526 490 CANON SCANNER MJ2415 EMS 527 OO1 CHANGE MACHINE 981254 iPARKS & REC. 528 OO1 CALCULATOR PARKS & REC. 529 OO1 CALCULATOR PARKS & REC. 530 OO1 CALCULATOR PARKS & REC. 531 OO1 CALCULATOR PARKS & REC. 532 OO1 BOX OF PHONES PARKS & REC. 533 OO1 MISC. ELECTRICAL ITEMS PARKS & REC. 534 OO1 LABEL MAKER HEALTH 535 OO1 4 SYNOPHES DEVICES FLEET 536 OO1 ,1 BOX MISC. HARD DRIVES FLEET 537 OO1 TIME CLOCK/BLUE 538 O10 7 DIGITAL DEC LASER MIS 539 O10 1 BOX KEYBOARDS MIS 540 O10 1 BOX KEYBOARDS MIS 541 O10 DSRVBoB DIGITAL DEC SERVER 891840 MIS 542 O10 DIGITAL LASER 200 MIS 543 O10 DIGITAL DEC SERVER LASER 200 MIS 544 O10 DIGITAL DEC SERVER LASER 200 88830 MIS 545 O10 DIGITAL DEC SERVER LASER 200 MIS 546 O10 MINOLTA MEMORY POWER PACK MIS 547 O10 SYTEC DIGITAL MODEL HZ8494 MIS 548 O10 POWER SUPPLY 973307 MIS 549 O10 POWER SUPPLY MIS 550 O10 POWER SUPPLY MIS 551 O10 POWER SUPPLY MIS 552 O10 DIGITAL DF100-DT 892091 MIS 553 O10 DIGITAL DF100-DT MIS 554 O10 DIGITAL DF100-DT MIS 555 O10 DIGITAL DF100-DT MIS 556 O10 DIGITAL DF100-DT 8920921 MIS 557 O10 DEC SERVER 900TM MEMORY CARD 960932 MIS 558 O10 CSU/DSV DCP 3080 920927 MIS 559 O10 CSU/DSV DCP 3080 920928 MIS 560 O10 CSU/DSV DCP 3080 920777 MIS 561 O10 CSU/DSV DCP 3080 MIS 562 O10 CSU/DSV DCP 3080 920931 MIS 563: O10 CSU/DSV DCP 3080 MIS 564 O10 CSU/DSV DCP 3080 920926 MIS 565, O10 CSU/DSVDCP 3080 MIS 566 O10 DEBRIDGE 90 920937 MIS 567 O10 DEBRIDGE 90 MIS 568i O10 DEBRIDGE 90 920936 MIS 569 O10 DEBRIDGE90 MIS 570 O10 DEBRtDGE 90 MIS 571 O10 DEBRIDGE 90 920958 MIS 572 O10 :}EBRIDGE 90 920939 MIS 573 O10 DEBRIDGE 90 920940 ~IIS 574 O10 DEBRIDGE 90 94097 MIS 575 O10 DEBRIDGE 90 940389 MIS 576 O10 DEBRIDGE 90 MIS 577 O10 DFD01-AA 920925 MIS 578 O10' DFD01-AA MIS 579 O10 DFD01-AA 920976 MIS 580 O10 DEC MODEM 930677 MIS 5811 O10 DEC SERVER 200 DL MIS 582! O10 DEC SERVER 200 DL MIS 583 O10 MOTHER BOARD 963009 MIS 584 OO1 JOHNSON FM RADIO 910815 EMERG. MGMT. 585 OO1 JOHNSON FM RADIO EMERG MGMT. 586 OO1 JOHNSON FM RADIO 96816 EMERG. MGMT. 587 OO1 JOHNSON FM RADIO iEMERG. MGMT. 588 OO1 POWER BOX EMERG. MGMT. 589 OO1 iPOWER BOX EMERG. MGMT. 590 OO1 POWER BOX EMERG. MGMT. 591 OO1 POWER BOX EMERG MGMT. 592 OO1 POWER BOX EMERG. MGMT, 593 OO1 POWER BOX EMERG. MGMT. 594 OO1 POWER BOX EMERG. MGMT, 595 OO1 MUTREK EMERG. MGMT. 596 O10 DEC MAK MIS 597 O10 DEC MAK MIS 598 O10 SHEET FEEDER 930877 MIS 599 SURPLUS PROPERTY - INVENTORY 601-699 Miscellaneous Non-Electrical Items ilTEM IFUND I ITEM DESCRIPTION/SERIAL # IASSET # IFROM 601! OO1 LIGHT BULBS NONETRANS 602 FLIP N FILE NONE 603 AT&T TELEPHONE (TC #2112;2527;2109;2110;2528;2111 ;44 NONE TAX COLLECTOR 604 BRACKET (TC #0527) NONE TAX COLLECTOR 605 BAG OF EAR PHONES NONE EMERG. MGMT. 606 OXYGEN UNIT NONE HEALTH 607 BRACKETS (TC #543 & 530) NONE TAX COLLECTOR 608 2 SPIRAL BOARDS EMS 609 6 BOXES BINDERS EMS 610 1 BOX TONER iEMS 611 1 BOX SOFTWARE 'EMS 612 1 BOX PRINTER RIBBONS EMS 613 CARD FILE EMS 614 1 BOX OF CORDS EMS 615 1 BOX MlSC EMS 616 OO1 6 KEYBOARDS HEALTH 617 113 5 PINK CHAIRSW/ARMS COM. DEV. 618 113 4 GREY OFFICE CHAIRS COM. DEV. 619 113 :3 GREY CHAIRS W/ARMS NO WHEELS COM. DEV. SURPLUS PROPERTY- INVENTORY 701-799 Miscellaneous Electronic Items ITEM IFUND I ITEM DESCRIPTION/SERIAL # IASSET # IFROM 701 O10 OSRZC-A DIGITAL 1450109 88933 MIS 702 O10 DSRVA-AA DIGITAL 1G51606 NONE MIS 703 O10 DEREN-RC DIGITAL AS02404298 NONE MIS 704 O10 DEREN-BA DIGITAL A525178 NONE MIS 705 O10 DSRZA-BA DIGITAL SER# NU75151124 91099 MIS 706 O10 DDSRZC-B DIGITAL SER# 14556727 NONE MIS 707 O10 PE, PA DIGITAL SER# AS70904242 NONE MIS 708 O10 H7007-DA DIGITAL SER # NOC 1402 NONE MIS 709 O10 H7007-DA DIGITAL SER # NOC 1421 NONE MIS 710 O10 H7007-DA DIGITAL SER # NOC 1405 NONE MIS 7111 O10 H7007-DA DIGITAL SER# NOC 1304 NONE MIS 7121 O10 3 PORT SWITCHBOX SER # 824054 NONE MIS 713: O10 SWITCH CONNECTION DIGITALSER#40171 NONE MIS 714i O10 D2HV TRANSFORMER DIGITAL SER# NONE NONE MIS 715 O10 POWER SUPPLY SER# FRPG86MCA NONE MIS 716 O10 VT 320 POWER SUPPLY ASSEMBLY NONE MIS 717! O10 8 OF DIGITAL MEMORY SER# NONE NONE MIS 718! OO1 13 OF TRAFFIC BOXES NONE TRANS 719 OO1 6 KEY BOARDS NONE FACILITIES 72O 721 OO1 QUICK PAGER CANQNEX SER# 22147 NONE FACILITIES 722 723 724 OO1 SNYOPTIS LATTIS HUB2813 0213962813-05 NONE HEALTH 725 OO1 ZENITH LAPTOP NTBOGS 5KSCNG002831 NONE HEALTH 726 OO1 UNISYS LAPTON NFS0021-ZD 467355125 NONE HEALTH 727 728 OO1 ZENITH LAPTOP NTBOOS 4LSBTW003143 NONE HEALTH 729 O01,ZENITH LAPTOP 5KSCNG002830 NONE HEALTH 730 OOliNETWORK CARDS BOX (2) NONE HEALTH 731 732 OO1 TREDMILL LIFE FITNESS NONE PARKS & REC 733 734 UNDER CABINET LIGHT FIXTURE NONE TAX COLLECTOR 735 736 737 VIDEO MONITOR 062112 NONE 738 739 SWITCH MASTER 4934042 ITC#966/ NONE TAX COLLECTOR 740 741 DIGITAL CONTROL 19711 NONE TAX COLLECTOR 742 SWITCH BOX NONE TAX COLLECTOR 743 DIGITAL CONTROL (TC#2837) NONE TAX COLLECTOR 744 SCALE (TC #450) NONE TAX COLLECTOR 745 OO1 ELTRON LP2142PSA HEALTH 746 OO1 ELTRON LPZ142PSA HEALTH 747 OO1 ELTRON LPZ142PSA HEALTH 748 749 75O 751 752 AGENOA ITEM ,,, FEB 2 6 2002 Pg.__ ~f ,. '1 753~ 754 755 HUMIDIFIER BOTON HUNT (2QTY) 01106V921538 NONE 756 UNISYS UPS (TC #1384) P890812191 900255 TAX COLLECTOR 757 758 759 SMC ELITE 10 BASE K243239781 I T-CONNECTOR 3608TP NONE EMERG. MGMT. 760 761 762' NOKIA PHONE 900643 EMERG MGMT. 763 HITACHI TCR 18819 NONE EMERG. MGMT. 764 BACKUP POWER SYSTEM 890239 EMERG. MGMT. 765 FREQUENCY COUNTER 9718 EMERG. MGMT. 766 NOKIA PHONE NONE EMERG. MGMT. 767 COBRA TFLEPHONE ANSWERING SYSTEM NONE EMERG. MGMT. 768 BOX OF PHONES NONE EMERG. MGMT. 769 PATROL WATCH CCTV CAMERA Y921007 NONE EMERG MGMT. 770 SMART MODEM 910297 771 TIME CLOCK (TCCY2099) NONE TAX COLLECTOR 772 MICROFILMER (TC #67) 86082 TAX COLLECTOR 773 GE 891516 EMERG. MGMT. 774 775 776 GE CONTROl [ER 7740 EMERG MGMT. SURPLUS PROPERTY-INVENTORY 801-899 Office Furniture ITEM IFUND [ ITEM DESCRIPTION/SERIAL # IASSET # IFROM 801 OO1 WORK COUNTER NONE PURCHASING 802 OO1 OFFICE CHAIR NONE :ACILITIES 803 OO1 OFFICE CHAIR NONE FACILITIES 804 805 OO1 OFFICE CHAIR NONE FACILITIES 806 807 OO1 OFFICE CHAIR NONE FACILITIES 808 OO1 OFFICE CHAIR NONE FACILITIES 809 810; OO1 OFFICE CHAIR NONE FACILITIES 811 OO1 OFFICE DESK GREY SER#2754576 NONE FACILITIES 812 OO1 OFFICE CHAIR NONE FACILITIES 813 OO1 OFFICE CHAIR NONE FACILITIES 814 OO1 OFFICE CHAIR NONE FACILITIES 815 816 OO1 OFFICE CHAIR NONE FACILITIES 817 818 819 681 CABINET "FOR SORTING" NONE PROBATION 82O 821 822 OO1 OFFICE CHAIR NONEi FACILITIES 823 OO1 OFFICE CHAIR NONE FACILITIES 824 OO1 OFFICE CHAIR NONE FACILITIES 825 OO1 OFFICE CHAIR NONE FACILITIES 826 827 828 OO1 OFFICE CHAIR NONE FACILITIES 829 830 OO1 OFFICE CHAIR NONE FACILITIES 831 832 OO1 OFFICE CHAIR NONE FACILITIES 833 OO1 OFFICE CHAIR NONE FACILITIES 834 835 OO1 OFFICE CHAIR NONE FACILITIES 836 OO1 OFFICE CHAIR NONE FACILITIES 837 838 OO1 OFFICE CHAIR NONE FACILITIES 839 OO1 OFFICE CHAIR NONE FACILITIES 84O 841 OO1 OFFICE CHAIR NONE COMMUNITY DEV, 842 OO1 CHAIR NONE COMMUNITY DEV. 843 844 845 846 OO1 CHAIR NONE COMMUNITY DEV. 847 848 OO1 CHAIR NONE COMMUNITY DEV. 849 850 OO1 CHAIR NONE COMMUNITY DEV. 851 OO1 CHAIR NONE COMMUNITY DEV. 852 853 854 OO1 CHAIR NONE COMMUNITY DEV. 855 408 DRAFTING TABLE NONE PUED 856 408 DRAFTING TABLE NONE PUED 857 408 DRAFTING TABLE NONE PUED 858 408 DRAFTING TABLE NONE PUED 859 860 OO1 STACKING CHAIR/BROWN NONE 861 OO1 OFFICE CHAIR/BROWN NONE 862 OO1 OFFICE CHAIR/GREY NO ARMS NONE 863 OFFICE CHAIR/BROWN ARMS (TC #1429 NONE TAX COLLECTOR 864 865 SIDE CHAIR/PINK ARMS (TC#939) NONE TAX COLLECTOR 866 OFFICE CHAIR/GREY NO ARMS (TC#561 871247 TAX COLLECTOR 867 868 OFFICE CHAIR/GREY NO ARMS (TC_~84311 NONE TAX COLLECTOR 869 OFFICE CHAIR/BROWN NO ARMS NONE TAX COLLECTOR 870 OFFICE CHAIR/BLUE NO ARMS (TC #2396) NONE TAX COLLECTOR 871 872 873 OFFICE CHAIR/BROWN NO ARMS NONE TAX COLLECTOR 874 OFFICE CHAIR (TC ~t471 891620 TAX COLLECTOR 875 TABLE/BROWN (TC ~48) 6573 HEALTH DEPT, 876 OO1 COMPUTER TABLE/GREY NONE 877 OO1 COMPUTER TABLE/GREY NONE 878 879 OFFICE CHAIR/GREY ARMS (TC ~¢476) 890990 TAX COLLECTOR 880 OFFICE CHAIR/GREY ARMS NONE TAX COLLECTOR 881 OFFICE CHAIR/GREY ARMS 890989 TAX COLLECTOR 882 OFFICE CHAIR/GREY (TC #315) NONE TAX COLLECTOR 883 AG£~OA ITEN ,~ F£8 2 6 2002 884 885 886 887 OO1 COMPUTER DESK/BROWN NONE 888 OO1 TABLE W/WHEELS BROWN NONE 889 OO1 COMPUTER TABLE/BROWN NONE 890 OO1 TABLE 6FT/GREY NONE 891 OOli COMPUTER TABLE/BROWN NONE 892 893 OFFICE CHAIR/EXECUTIVE SIDE/BROWN 85157 894 895 OO1 OFFICE CHAIR/PINK NONE 896 OO1 EXECUTIVE CHAIR/BURGANDY NONE 897 OO1 OFFICE CHAIR/BURGANDY NO ARMS NONE 898 OFFICE CHAIR/BROWN NO ARMS NONE 899 SIDE CHAIR ARMS NONE 8001 SIDE CHAIR/TEAL ARMS NONE 8002 EXECUTIVE OFFICE CHAIR/PINK & PLAD NONE 8003 SIDE CHAiR/BLUE ARMS NONE 8004 SIDE CHAIR/BLACK NONE 8005 SIDE CHAIR/TAN ARMS C864 7345~ 8006 SIDE CHAIR/PINK ARMS 8007 SIDE CHAIR/PEACH ARMS NONE 8008 SIDE CHAIR/PEACH ARMS NONE 8009 SIDE CHAIR/BROWN NONE 8010 DESK NONE 8011 TABLE ITC #1319/ NONE TAX COLLECTOR 8012 OFFICE CHAIR/BROWN NO ARMS NONE 8013 8014 CABINET ITC #1097) NONE TAX COLLECTOR 80151 STEELCASE SIDE DESK ITC #1410/ 900684 TAX COLLECTOR 8016 DESK NONE 8017 CREDENZA NONE 8018 CREDENZA NONE 8019 SIDE DESK NONE 8020 8021 COMPUTER TABLE NONE 8022 COMPUTER TABLE NONE 8023 8024 SIDE CHAIR/ARMS 890561 COMM DEVELOP 8025 SIDE CHAIR/ARMS 890563 COMM DEVELOP 8026 8027 8028 8029 8030 8031 8032 SIDE CHAIR/PINK ARMS NONE 8033 SIDE CHAIR/PINK ARMS NONE 8034 8035 SIDE CHAIR/GREY ARMS NONE AGENDA ITE~¥ ' 1 .o. c¢ FEB 2 6 2002 pg fZ-/ 8036I 8037i 80381 SECRETARY CHAIR/BEIGE NONE PUBLIC INFO 8039 8040 8041' SECRETARY CHAIR/BEIGE NONE PUBLIC INFO 8042 TYPING STAND NONE 8043 490 COLLAPSABLE STRETCHER 22QTY 82351 EMS 8044 8045 8046 SIDE CHAIRS/ARMS PINK 8047 SIDE CHAIRS/ARMS GREY 8048, GREY CHAIR/NO ARMS 8049 EXECUTIVE CHAIR/ARMS - LOW BACK 8050 8051: SIDE CHAIR W/ARMS BROWN, BLACK 8052 SEC. CHAIR NO ARMS BROWN, GREY 8053! 80541 SIDE CHAIRS 80551 STACKING CHAIRS W/O ARMS GREY 80561 LAP BOARDS (16) 80571 CPR DOLLS 8058 HEART STARTS SURPLUS PROPERTY- INVENTORY 901-999 File Cabinets, Other Stora.qe Cabinets ITEM IFUND I ITEM DESCRIPTION/SERIAL # IAssET # I 901i 902I 9o3I 904 5 DRAWER FILE CABINET 921099 PUED 9O5 9061 9071 FILE CABINET (TC #585) NONE TAX COLLECTOR 9O8) 909i 910, 911 912 913 914 915 916 917 OO1 BLACK DESK FACILITIES 918 OO1 FILE CABINET FACILITIES 919 OO1 SHELF BLUE, FOR MISC. FACILITIES 920 OO1 GREY TOPPER FOR DESK FACILITIES 921i OO1 GREY END T951P FACILITIES 9221 001 BROWN CREDENZA FACILITIES 923 OO1 BROWN END TABLE FACILITIES 924 OO1 BROWN DESK FACILITIES 925 OO1 MOTOROLA REPEATER L24X4 EMERG MGMT. 926 927 114: GREY SIDE TABLE POLLUTION 928 114!GREY SIDE DRAWER POLLUTION A~'NOA ITEM/ FEB 2 6 200?. 929 114 PINK ARM CHAIR POLLUTION 930 931 114 PINK OFFICE CHAIR NO ARMS POLLUTION 932 114 PINK OFFICE CHAIR NO ARMS POLLUTION 933 111 SEATED CALF RAISES MACHINE PARKS 934 111 PREACHER BICEP CURL MACHINE PARKS 935 111 LAT MACHINE PARKS 936 111 ABDOMINAL CURL MACHINE PARKS 937 111 i SEATED SHOULDER MACHINE PARKS 938 111'/4/ STRAIGHT BARS FOR WEIGHTS PARKS 939~ 111 4 SETS OF DUMB BELLS PARKS 940 111 STAIR STEPPER PARKS AGENDA ITE~ FEB 2 6 2002 ., z ¢,% z FEB 2 6 2[ ,~ AG£ NOA. ITEM ..;Z EXECUTIVE SUMMARY REJECT BID RECEIVED ON BID #02-3341 CHEMICALS & SUPPLIES" ,'LABORATORY OBJECTIVE_'. To have the Board reject the one (1) bid received on Bid ~02-.~.~41 "Laboratory Chemicals & Supplies" in order to allow Staff to encourage competition. CONSIDERATION: 1. Bid #02-3341 "kaboratory Chemicals & Supplies" was posted on Janua~ 16, 2002. Eiehteen (18) inquiries were sent, seven (7) potential bidders requested the bid pa'~kao, qe, and one (1) bid was received from KSE Scientific. 2. Staff has contacted two (2) major laboratory chemical and supply companies that are now interested in submitting a bid and has received named contacts whom would complete the bid package. Hence, Staff believes a resolicitation of this bid will provide a more cornpetitive arena. FISCAL ISIPAC_~T: There is no fiscal impact. GROX, VTII ,NIANAGESIENT 151PACT: There is no growth management impact. RECOMblENDATION: It is recommended that the Board of Count>' ~ommissioners reject the bid received from KSE Scientific and authorize Staff to rebid the supply contract for laboratory chemicals and supplies. SUBMITTED BY: ~/X,- /Il ~~'~ ' ' ~9~[?~ood~ P~rchasmg Agent ~[¢phCn~. Camk~l, Purc~ing./Oeneral Se~'ices joA~e Varcoe-Eeamer, Administrative Se~'ices Administrator AGENDA ' FEB 2 6 200 Pg. AGENDA ITE No. FEB 26 2l 0 FEB 2 6 ZOO2 ,,-,4 E'. ~- '"" = ¢, - ~ '-' '-u _-., ..-' o ,..,-] -. L~ : : · FEB Pg._._. EXECUTIVE SUMMARY APPROVE AND EXECUTE AN AGREEMENT WITH THE BIG CORKSCREW ISLAND FIRE CONTROL AND RESCUE DISTRICT PROV: '~!G FOR A MAXIMUM EXPENDITURE OF $35,850.00 FROM THE GAC LAND TRUST TO PURCHASE PERSONAL PROTECTIVE EQUPIMENT. OBJECTIVE: To approve and execute an Agreement between Collier County, a political subdivision of the State of Florida, by its Board of County Commissioners, acting in their capacity as Trustee of the GAC Land Trust (County), and the Big Corkscrew Island Fire Control and Rescue District (District). The Agreement provides for a maximum expenditure of Thirty-Five Thousand Eight Hundred Fifty and 00/100 Dollars ($35,850.00) from the GAC Land Trust for the District to purchase personal protective equipment (PPE) necessary to bring all personnel into compliance with the National Fire Protection Association's newest standards for personal protection. CONSIDERATIONS: On November 15, 1983, Avatar Properties, Inc., entered into an Agreement (1983 Agreement) to dedicate 1,061.5 acres of property in Golden Gate Estates to Collier County. According to the 1983 Agreement, the property is to be used to provide facilities for such things as fire protection, police facilities, public schools, libraries and recreational facilities, as well as equipment for operation thereof for the existing and future residents and visitors of Collier County. All such capital improvements are to be physically located within the geographical boundary of "Golden Gate Estates." The 1983 Agreement further states that proceeds from the sale of the property are to provide a source of revenue to fund said improvements and to provide for the acquisition of other lands, equipment and materials for the future construction of similar improvements. On December 17, 2001, Chief Frank Kovarik, Big Corkscrew Island Fire Control and Rescue District, requested the Golden Gate Estates Land Trust Committee to assist the District in the purchase of the above-referenced PPE. information on the PPE distributed to the Golden Gate Estates Land Trust Committee is attached as Exhibit "A" to the Agreement. The Golden Gate Estates Land Trust Committee recommended 4/0 (5th member was absent) that the Board of County Commissioners approve a maximum allocation of Thirty- Five Thousand Eight Hundred Fifty and 00/100 Dollars ($35,850.00) to the District as reimbursement for purchasing the PPE. Pursuant to the Agreement, the Distdct agrees that the PPE shall be utilized solely by the District and shall service "Golden Gate Estates" as well as other areas of Collier County. The District agrees that the purchase of the PPE shall be in accordance with all applicable bidding or other requirements for the procurement of property and services, as set forth in Chapter 287, Florida Statutes, and such other statutory provisions as may apply. Payment for the PPE shall be made to the District as reimbursement of actual expenses paid upon the District's adherence to those certain terms and conditions outlined in the attached Agreement. The PPE must be purchased within six (6) months of the Agreement being executed by both parties. The Agreement also provides that if the District obtains any FEB 2 6 200 I monies as a gift, contribution or reimbursement, through any grant program, pertaining to the purchase of the PPE, such gift, contribution or reimbursement shall be forwarded to the County and deposited in the GAC Land Trust. The Agreement has been reviewed and approved by the Cc ..nty Attorney's Office. The Agreement will be submitted to the Chairman for execution upon staff receiving a "Letter of No Objection" to the transaction from Avatar Properties, Inc. FISCAL IMPACT: An amount not to exceed Thirty-Five Thousand Eight Hundred Fifty and 00/100 Dollars ($35,850.00)will be approp~'±al:ed £rom GAC Trust-Land Sa].es (Fund 605) Reserves for Future Construction and Improvements. GROWTH MANAGEMENT IMPACT: There is no impact to the Collier County Growth Plan. RECOMMENDATION: That the Board of County Commissioners: Approve the attached Agreement providing for Thirty-Five Thousand Eight Hundred Fifty and 00/100 Dollars ($35,850.00) for the purchase of personal protective equipment to be purchased by the Big Corkscrew Island Fire Control and Rescue District; and Authorize its Chairman to execute the attached Agreement once the "Letter of No Objection" is received; and 3. Approve the necessary budget amendment. Tom 'A. Mott, Real' Property Superwsor Real Property Management Department REVIEWED BY: ., . )..)v((;~ ~-~" Charle~' E. Carrington, ,Jr., S ector Real Property Management Department DATE: ~.~ : .. c ... APPROVED BY: Jo-Anne Varcoe-Leamer, Administrator Administrative Services Division DATE: AGREEMENT THIS AGREEMENT made this day of 2002 between the BIG CORKSCREW ISLAND FiRE CONTROL AND RESCUE DISTRICT, a Special District created by Laws of Florida, Chapter 77-5£ . -.ss amended, (hereinafter referred to as the "District") whose mailing address is 13240 Immokalee Road, Naples, Florida 34120, and COLLIER COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS, ACTING IN THEIR CAPACITY AS TRUSTEE OF THE GAC LAND TRUST, (hereinafter referred to as "Count"), whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112 WHEREAS, County has acquired 1,061.5 acres, located in Collier County, Florida (hereinafter referred to as "Property'), from Avatar Properties Inc. f/k/aJ GAC Properties Inc. in accordance with the November 15, 1983 Agreement between Avatar Properties Inc. and Collier County, (hereinafter referred to as the "1983 Agreement'); and WHEREAS, pursuant to the 1983 Agreement, the Property deeded to the County and/or the monetary proceeds acquired from the subsequent sale of said Property are to be used to provide governmental facilities within and for the geographical area known as "Golden Gate Estates'; and WHEREAS, the County currently has funds derived from the use and/or sale of a portion of the above-described Property; and WHEREAS, the District has requested funds to purchase Personal Protective Equipment (PPE) for thirty (30) of its fire fighters; and WHEREAS, the County has determined that a disbursement of a portion of said funds to the District is in accordance with the intent of the provisions of the 1983 Agreement and accomplishes the purposes of said 1983 Agreement by providing Personal Protective Equipment necessary to bring all ~j~ersonnel into compliance with the newest standards for personal protection, as defined by the ~tional Fire Protection Association; which will provide adequate protection for the fire fighters when :rforming their duties of fire and rescue protection to the residents of the Golden Gate Estates area; and WHEREAS, Avatar Properties Inc. has provided a "Letter of No Objection", dated approving the use of funds derived from the sale of Property to acquire necessary PPE for the District's use. NOW THEREFORE, in consideration of the above premises which are incorporated herein and made part of this Agreement, and in further consideration of the mutual covenants set forth below, and other good and valuable consideration, acknowledged by the parties to be sufficient, just and adequate, the parties hereto do agree as follows: 1. The County hereby agrees to contribute a maximum of Thirty Five Thousand Eight Hundred Fifty Dollars ($35,850.00) of the total funds to be expended by the District for purposes hereinafter stated, (hereinafter referred to as the "Funds"), in accordance with the terms and conditions of this Agreement, provided said Funds are to be used solely for the purpose of purchasing the items listed on the attached Exhibit "A", attached hereto and made a part hereof, (hereinafter collectively referred to as 'Equipment"). 2. The Distdct agrees and warrants that the Equipment purchased with the Funds shall be utilized solely by the District for the pdmary purposes of providing fire and rescue protection to the area of "Golden Gate Estates". 3. The District hereby agrees that the purchase of the Equipment has been or shall be in accordance with all applicable bidding or other requirements for the procurement of property and services as set forth in Chapter 287, Florida Statutes, and such other statutory provisions as may apply. The District hereby agrees that the purchase of the Equipment shall be conducted in a manner consistent with the Board of County Commissioner's purchasing policy and in proper coordination with the County's Purchasing Department prior to the ordering or receiving of any goods or services ~,,~.purchased under this Agreement. 4. Payment of the Funds for the Equipment shall be in accordance with the following procedure: (1) After delivery of said Equipment to the District, the District shall deliver to the Real Property Management Director for approval prior to any payment made to the District: No./,~ -/F'-- ? FEB 2 6 200?. P~, .~ (a) Copies of any and all invoices for said Equipment, clearly stating the purpose of said invoice~ and indicating that the invoices have been paid in full. (b) A letter from the District, signed by the Chairperson, stating that the Equipment has been received and accepted in good order and directing the County to reimburse the District upon payment of the invoices for those items listed in Exhibit 'A' for purposes specified in this Agreement. (2) Within thirty (30) days after rec i,~; and approval of the above-described documents and verification that all invoices have been paid in full by the District, if not already provided, a County warrant for payment shall be prepared and made payable to the District and shall be forwarded directly to the District by the County. In no way, shall the total amount to be paid exceed $35,850. (3) The Equipment shall be purchased by the District within six (6) months of the execution of the Agreement by both parties. In the event that the Equipment is not purchased by the District within six (6) months from the execution of this Agreement, it is understood and agreed by the parties that the District shall refund and repay to County, within thirty (30) days, any and all Funds which have been provided to the District pursuant to the provisions of this Agreement. (4) If the District obtains any monies as a gift, contribution or reimbursement, through any grant program, pertaining to the purchase of said Equipment, such gift, contribution or reimbursement shall be, within ten (10) days of receipt by District, forwarded to the Board of County Commissioners for deposit into the GAC Land Trust Account as reimbursement of Funds provided for by this Agreement. District agrees to prepare and submit the appropriate grant applications whereby verification of such application, and its approval or denial, shall be provided to the County within thirty (30) days of submittal and/or receipt. (5) The District covenants and agrees that upon the payment of all or any portion from the Funds in accordance with the obligation contained in this Agreement it shall be the further obligation cf the District to pay any remaining balance required to comptete the purchase of any other Equipment required. 5. The District agrees to obtain and maintain insurance coverage in an amount sufficient to provide for full repair and/or replacement of Equipment in the event the Equipment is damaged or destroyed. 6. The District covenants and agrees that this Agreement is solely between the County and the District and, although the County shall reimburse the District for alt or only a portion of the Funds on behalf cf the District, the County shall have no direct or indirect liability to the vendor of Equipment cr any other third party resulting from this Agreement. 7. District agrees to protect, defend, indemnify and hold the County harmless from any and all claims, actions, causes of action or liabilities including attorney's fees and costs arising from or in any way connected with the use of the Funds or the selection, purchase, delivery or use of the Equipment by the District, its agents, employees, or in any way related to the use of the Equipment by the District, its agents, employees or any third party. 8. The District understands and agrees that the Funds to be provided to the District in accordance with the terms of this Agreement have been derived from and are being provided solely for the sate and/or use of a portion of the Property conveyed to the Count7 pursuant to the 1983 Agreement administered and managed by the County for the GAC Land Trust and that such Funds are currently in County Fund 605-122390 (The GAC Trust Land Sales Fund). The District further understands and agrees that no ad valorem taxes, revenues or moneys form other sources have been committed or will be committed by the Collier County Board of County Commissioners for the purposes set forth in this Agreement. 9. The District agrees that following purchase, and at all times thereafter, the Equipment shall be used to provide for fire and rescue protection within the geographical area commonly known as "Golden Gate Estates". This Agreement is not intended, however, to preclude the use of the Equipment within non-estates areas of the District so long as the primaD/use is for efficient fire and rescue protection services within Golden Gate Estates. 10. In the event that the Equipment ceases to be utilized by the District as described in Paragraph 2, or if the Equipment ceases to be used in accordance with the terms of this Agreement, the District agrees that the District shall pay to the County, within thirty (30) days, an amount equal to the fair market value of the Equipment as of the date the Equipment ceases to be used by the District as described in Paragraph 2 or the date the Equipment ceases to be used in accordance with this Agreement. The fair market value shall be determined by a third party, selected by the County, who is determined to be qualified to establish the valuation of said Equipment. FEB 2 6 2002 11. Florida. 12. set forth below: This Agreement is governed and construed in accordance with the laws of the State of Any notice required by this Agreement shall be addressed to the parties at the address IF TO THE COUNTY: Collier County c. Jo Real Property Management Department Administration Building 3301 Tamiami Trail East Naples, Florida 34112 IF TO THE DISTRICT: Big Corkscrew Island Fire Control and Rescue District 13240 Immokalee Road Naples, Florida 34120 13. This Agreement represents the entire Agreement between the parties, and no promise, representation, warranty or covenant not included in this Agreement or any such referenced agreements has been or is being relied upon by either party. No modification or amendment of this Agreement shall be of any force or effect unless made in writing and executed and dated by both parties. 14. This Agreement may not be assigned. IN WITNESS WHEREOF, District and County have caused this Agreement to be duly executed on the day and year first above written. AS TO COUNTY: DATED: ATFEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISStONERS COLLIER COUNTY, FLORIDA By: JAMES N. COLETTA, Chairman AS TO DISTRICT:, DATED'. ,2/1,~/0 ;g_ DONNA M. LIHACH, Secretary BIG CORKSCREW ISLAND FIRE CONTR~RICT BY:G F~/G ~H%~HA~'Dq'T, Chairman Approved as to form and legal ~ufficiency:I H~idi F. ~,sl~tonl Assistant County Attorney AG£ N. DA [TE~ FEI3 2B 2002 Pg. ~ The following is projected costs for Personal Protection Equipment for thirty (30) fire fighters Quaker S',ffety Products Turnout Gear QSD-103 30" Style boat 7.0 QSY Advance Outer Shell Stedair 2000 Moisture Barrier Caldura Quilt Thermal Liner 3" NYC Triple Trim BCWR on Top of Back of Coat 3 EA 2 Scotchlite #S on a Velcro Patch Radio Pocket ,MIC Clip, universal clip NFPA Handwarmer Pockets 7'Kelvar Thumb Wristlets 6" Rib Back Pant Advance Outer Shell Stedair 2000 Moisture Barrier Caldura Quilt Thermal Liner 3" Scotch[ire Triple Trim Around the Legs Bellows Pockets Fabric Reinforced Padded Knees 2" Heavy Duty Back Suspenders Total Per Fire Fighter Chiefufin Traditional Helmet w/Leather Shield Total Per Fire Fighter Black Diamond Rubber Boots w/tibia Protector Steel Toe & Sh~k, Lug Sole Total Per Fire Fighter Protector Gloves w/gauntlet Total Per Fire Fighter NEff'lin Valley Nomex 2-ply Hood Total Per Fire Fighter TOTAL FOR 30 FIRE FIGIITERS $ 875.00 $ 185.00 $ 85.00 $ 35.00 $ 15.00 $35,850.00 FEB 2 6 200 EXECUTIVE SUMMARY APPROVE AND EXECUTE AN AGREEMENT WITH THE BIG CORKSCREW ISLAND FIRE CONTROL AND RESCUE DISTRICT PROVIDING FOR THE TRADE-IN VALUE OF $40,500 FOR AN OLDER PUMPER TRUCK TO BE APPLIED TOWARDS THE PURCHASE OF A NEW PUMPER TRUCK. OBJECTIVE: To approve and execute an Agreement between Collier County, a political subdivision of the State of Florida, by its Board of County Commissioners, acting in their capacity as Trustee of the GAC Land Trust (County), and the Big Corkscrew Island Fire Control and Rescue District (District). The Agreement provides for the District to apply the trade-in value of $40,500 of its existing pumper truck towards the purchase of a new pumper truck. CONSIDERATIONS: On November 15, 1983, Avatar Properties, Inc., entered into an Agreement (1983 Agreement) to dedicate 1,061.5 acres of property in Golden Gate Estates to Collier County. According to the 1983 Agreement, the property is to be used to provide facilities for such things as fire protection, police facilities, public schools, libraries and recreational facilities, as well as equipment for operation thereof for the existing and future residents and visitors of Collier County. All such capital improvements are to be physically located within the geographical boundary of "Golden Gate Estates." The 1983 Agreement further states that proceeds from the sale of the property are to provide a source of revenue to fund said improvements and to provide for the acquisition of other lands, equipment and materials for the future construction of similar improvements. An Agreement dated June 23, 1987, between the District and the County provided an expenditure of GAC funds in the amount of $100,000 for the purchase of a new pumper truck. A stipulation of the Agreement provided that if the truck ceased to be used primarily for fire protection within Golden Gate Estates, the District agreed that the fire truck would be forfeited to the County, or the District would pay to the County an amount equal to current fair-market value of the truck. The stipulation further provided that the amount to be paid to the County by the District could be used by the District for other fire protection related uses within Golden Gate Estates provided the Board of County Commissioners approved, in writing, such uses. On December 17, 2001, Chief Frank Kovarik, Big Corkscrew Island Fire Control and Rescue District, requested the Golden Gate Estates Land Trust Committee to approve the District's utilization of the trade-in value of the existing pumper truck towards the purchase of a new pumper truck. Elite Fire & Safety Equipment, Inc., has established a fair-market value of $40,500 for the existing 1987 pumper truck. The Golden Gate Estates Land Trust Committee recommended 4/0 (5th member was absent) that the Board of County Commissioners approve this request allowing the District to utilize the trade-in value of $40,500 towards the purchase of a new pumper truck. The Agreement has been reviewed and approved by the County Attorney's Office. The Agreement will be submitted to the Chairman for execution upon staff receiving a "Letter of No Objection" to the transaction from Avatar Properties, Inc. FEB 2 6 FISCAL IMPACT: There is no expenditure required for this request. GROWTH MANAGEMENT IMPACT: There is no impact to the Collier County Growth Plan. RECOMMENDATION: That the Board of County Commissioners: 1. Approve the attached Agreement providing for the District's utilization of the trade in value of $40,500 towards the purchase of a new pumper truck to be purchased by the Big Corkscrew Island Fire Control and Rescue District; and 2. Authorize its Chairman to execute the attached Agreement once the "Letter of No Object'on' is received. SUBMITTED ~,. ~ "'"" '~ ~'- ~ '' = ' ~isor -l'°r~iz'A. Mott, Real Property superv Real Property Management Department REVIEWED BY'. t°r~Sharles E. Carrington, Jrt, , Real Property Management Department DATE: =.. --' " APPROVED BY: Jo-Anne Varcoe-Leamer, Administrator Administrative Services Division DATE: AGREEMENT THIS AGREEMENT made this day of .... 2002 between the BIG CORKSCREW ISLAND FIRE CONTROL AND RESCUE DISTRICT, a Special District created by Laws of Florida, Chapter 77-535, as amended, (hereinafter referred to as the "District") whose mailing address is 13240 Immokalee Road, Naples, Florida 34120, and COLLIER COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS, ACTING IN THEIR CAPACITY AS TRUSTEE OF THE GAC LAND TRUST, (hereinafter referred to as "County"), whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112 WHEREAS, County has acquired 1,061.5 acres, located in Collier County, Florida (hereinafter referred to as 'Property"), from Avatar Properties Inc. f/k/a/GAC Properties Inc. in accordance with the November 15, 1983 Agreement between Avatar Properties Inc. and Collier County, (hereinafter referred to as the "1983 Agreement"); and WHEREAS, pursuant to the 1983 Agreement, the Property deeded to the County and/or the mcnetary proceeds acquired from the subsequent saIe of said Property are to be used to provide governmental facilities within and for the geographical area known as "Golden Gate Estates"; and WHEREAS, the District and County entered into an Agreement dated June 23, 1987 ("Original Agreement") wherein the District was authorized to use GAO funds in the amount of $100,000 for the purchase of a fire (pumper) truck. A stipulatibn of the Agreement provided that if the truck ceased to be used primarily for fire protection within Golden Gate Estates, the District agreed that the fire truck would be fodeited to the County or the District would pay to the County an amount equal to current fair market value of the truck. The stipulation further provided that the amount to be paid to the County by District may be used by the District for other fire protection related uses within Golden Gate Estates if the Board of County Commissioners approved, in writing, such uses; and WHEREAS, Elite Fire & Safety Equipment, Inc. established a fair market value of $40,500 for the .~ 1987 fire (pumper) truck; and WHEREAS, the County has determined that authorizing the District to utilize the fair market value of S40,500 as a trade-in towards the purchase of a new pumper is in accordance with the intent of the provisions of the 1983 Agreement and accomplishes the purposes of said 1983 Agreement by providing added fire and rescue protection to the residents of the Golden Gate Estates area; and WHEREAS, Avatar Properties Inc. has provided a "Letter of No Objection", dated approving the District's use of the trade-in value towards the purchase of a new pumper; and WHEREAS, the District and the Count,/desire to terminate the Original Agreement and enter into this Agreement. NOW THEREFORE, in consideration of the above premises which are incoq~orated herein and made part of this Agreement, and in further consideration of the mutual covenants set forth below, and other good and valuable consideration, acknowledged by the parties to be sufficient, just and adequate, the parties hereto do agree as follows: 1. The County hereby agrees to authorize the District to utilize the fair market value of S40,500 as a trade-in towards the purchase of a new pumper truck by the District to be utilized by the District for purposes hereinafter stated, (hereinafter referred to as the "New Truck"). 2. The District agrees and warrants that the New Truck shall be utilized solely by the District for the primary purposes of providing fire and rescue protection to the area of "Golden Gate Estates". 3. The District hereby agrees that the purchase of the New Truck has been or shall be in accordance with all applicable bidding or ether requirements for the procurement of property and services as set forth in Chapter 287, Flodda Statutes, and such other statutory provisions as may apply. The District hereby agrees that the purchase of the New Truck shall be conducted in a manner consistent with the Board of County Commissioner's purchasing policy and in proper coordination with the Counb/'s Purchasing Department prior to the ordering or receiving of any goods or services .--.- purchased under this Agreement. 4. Purchase of the New Truck shall be in accordance with the following procedure: (1) The New Truck shall be purchased by the District within twelve (12) months of the execution of the Agreement by both parties. In the event that the New Truck is not purchased by the District within twelve (12) months from the execution of this Agreement, it is understood and agreed FEB 2 6 b'y the parties that the District shall refund and repay to County, within thirty (30) days, the sum of S40,5OO. (2) The District covenants and agrees that upon the utilization of the New Truck in accordance with the obligation contained in this Agreement, it shall be the further obligation of the District to pay any remaining balance required to complete the purchase of the New Truck. 5. The District agrees to obtain and maintain insurance coverage in an amount sufficient to provide for full repair and/or replacement of New Truck in the event the New Truth is damaged or destroyed. 6. The Distdct covenants and agrees that this Agreement is solely between the County and the District and the County shall have no direct or indirect liability to the vendor of the New Truck or any other third party resulting from this Agreement. 7. District agrees to protect, defend, indemnify and hold the County harmless from any and ail claims, actions, causes of action or liabilities including attorney's fees and costs arising from or in any way connected with the use of the Trade-In or the selection, purchase, delivery or use of the New Truck by the District, its agents, employees, or in any way related to the use of the New Truck by the District, its agents, employees or any third party. 8. The District understands and agrees that the proceeds of the New Truck has been derived from and are being provided solely for the sale and/or use of a portion of the Property conveyed to the County pursuant to the 1983 Agreement administered and managed by the County for the GAC Land Trust. The District further understands and agrees that no ad valorem taxes, revenues or moneys form other sources have been committed or will be committed by the Collier County Board of County Commissioners for the purposes set forth in this Agreement. 9. The District agrees that following purchase, and at all times thereafter, the New Truck shall be used to provide for fire and rescue protection within the geographical area commonly known as "Gofden Gate Estates'. This Agreement is not intended, however, to preclude the use of the New Truck within non-estates areas of the District so long as the primary use is for efficient fire and rescue protection services within Golden Gate Estates. 10. In the event that the New Truck ceases to be utilized by *,he District as described in Paragraph 2, or if the New Truck ceases to be used in accordance with the terms of this Agreement, the District agrees that the District shall pay to the County, within thirty (30) days, an amount equal to ',he fair market value of the New Truck at that time, such amount not to exceed the amount of $40.500. Such amount to be paid to the County may be used by the District for other fire protection related uses within Golden Gate Estates if the Board of County Commissioners approves, in writing, such uses. 1 1. This Agreement is governed and construed in accordance with the laws of the State of Florida. 12. Any notice required by this Agreement shall be addressed to the parties at the address set for:h below: IF TO THE COUNTY: Collier County c/o Real Property Management Department Administration Building 3301 Tamiami Trail East Naples, Florida 34112 IF TO THE DISTRICT: Big Corkscrew Island Fire Control and Rescue District 13240 Immok&lee Road Naples, Florida 34120 13. This Agreement represents the entire Agreement between the parties, and no promise, representation, warranty or covenant not included in this Agreement or any such referenced agreements has been or is being relied upon by either party. No modification or amendment of this Agreement shall be of any force or effect unless made in writing and executed and dated by both parties. 14. This Agreement is not assignable. 15. The Original Agreement is hereby terminated. FEB 2 6 20OZ IN '¢~ITNESS WHEREOF, District and County have caused this Agreement to be duly executed on ....the day and year first above written. AS TO COUNTY: DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: JAMES N. COLETTA, Chairman AS TO DISTRICT:, DATED: ..~ 1/2 /¢ :2-- DONNA M. LIHACH, Secretary BIG CORKSCREW ISLAN..QcFIRE CONT~ISTRICT BY:GE-~E~H. E~KHARDT, Chairman Approved as to form and leqal, sufficiency:f ,-teidi F. Ashton Assistant County A~lorney EXECUTIVE SUMMARY AWARD OF RFP 01-3282 FOR WIRELESS APPLICATI'""' SYSTEMS OBJECTIVE: To obtain Board approval for a Master Purchase Agreement with Dua Computer Resources, Inc., to develop Wireless Application systems for the County. CONSIDEIL-kTION: RFP 01-3282 was advertised on September 17, 2001. One hundred and fifteen (115) notices were sent out, forty-one (41) RFP packagcs were requested and nine (9) proposals were received by the due date of Octobert 5,2001. The Selection Committee reviewed the proposals, requested on-site presentations and reached a consensus choosing Dua Computer Resources, Inc., as the selected vendor. Purchasing staffhas negotiated pricing and terms to be used in a Master Purchase Agreement which has been reviewed by the Office of the County Attorney as to tbnn and .legal sufficiency. Under the approved Purchase Agreement, any department under the Board may acquire sen'ices I¥om the approved vendor. Prices specified in the Master Agreemcnt are fixed until Februao' 28. 2004. FISCAL IMPACT: department's budget. Funds for this project are appropr/ated from each participating GROWTH *IANAGEMENT I31PACT: None RECOMMENDATION: That the Board of County Commissioners award RFP 01- 3282. Wireless Applications to Dua Computer Resources, Inc. and that the Chairman be authorized to sign the Master Purchase Ag-reement on behalf of the Board. SUBMITTED BY: REVIEWED BY: APPROVED BY: ,/~~., . .~-'~.~._~ Date: ~ '/~- ~,,,Z_ Robert M~eorge, Purchasing Ag~n~' StepHen Y. Carnell, Purchasing/General Services Director _~.. 5o_//Anne Varcoe_Leamer Date: Administrative Services Division Administrator TABULATION FOR RFP # 01-3282 "Wireless Applications for Commu;'.iLy Development and Environmental Services" DATE OF RFP ADVERTISEMENT: 09/17/01 RFP DUE: 10/05/01 NO. OF NOTICES SENT: 96; VENDORS REQUESTED FULL PACKAGE: 42 City, State Original + 4 Copies I Ft. Lauderdale, FL X Yes ['--] No Naples, FL X Yes Del Ray Beach, FL X Yes New York, New York X Yes Sarasota, FL X Yes Atlanta, GA X Yes Coral Gables, FL X Yes Bellevue, WA X Yes Proposer AT&T Wireless Services Neighborhood America DUA Computer Resources Mobilocity Retrieval Dynamics Agency. Corn Ltd. IBIVl Corporation E~] No Applied Theory Telnet, Inc. E~] No [-') No F-] No F-] No F--) No E~ No : Rockville, MD X Yes F--I No ~-q Yes E~ No Witfless A G E A~.,~ ITEN FEB 2 6 2002 Pg'- 2 _ AGREEMENT THIS AGREEMENT, made and entered into on this day of 2002, by and between Dua Computer Z%ources, Inc, whose business address is 100 E. Linton Blvd. #203A Delrav Beach, F1 33483 hereinafter called the "Contractor" and Collier County, a political sub~iivision of the State of Florida, Collier County, Naples, hereinafter called the "County": YVITNESSETH: COMMENCEMENT. This Agreement shall commence the work upon execution of this A~eement based upon a schedule mutually agreed upon in writing by County and Contractor. The contract shall be for a sixty (60) day initial installation period, unless otherwise directed by the Department of Community Development & Environmental Services Director or their designee. Additional departmental installation time frames shall be mutually agreed upon in writing by the County Departments and the Contractor and shall be included in the indivi~tuallv numbered Exhibits as set forth below, subsequently attached to this Agreet~ent and incorporated herein by reference. This Agreement shall be in effect for two (2) years with two (2) additional one (1) year renewal options with the consent of the Contractor. Subsequent renewals to extend this Agreement shall be approved by the Board of County Commissioners. STATEMENT OF WORK. The Contractor shall provide services in accordance with the Scope of Services of RFP 01-3282, the Contractor's Proposal, Initial Installation Proposal as per Exhibit "A", Source code ownership as per Exhibit "B", Fee Schedule Exhibit "C", hereto attached and incorporated herein by reference, as well as additional services as required and mutually agreed upon in writing by County Departments and Contractor. Each additional departmental installation requirement as to software, services and schedule shall be mutually agTeed upon in writing by the County Departments and Contractor and attached as individually identified Exhibits as per above. The department shall then issue a requisition to'create a purchase order, which will serve as authorization for the individual installation. Said Exhibits shall be fully a part of this Agreement and shall be incorporated herein by reference. The individual Department (s) shall procure all software and hardware licenses for subsequent installations. The individual Department (s) shall also be responsible for setting up the necessary infrastructure anz, for providing any additional special hardware and software not covered by this Agreement that will be required for the completion of their specific project. _ iAGE P+OA ITEM No. /~-/'~'~ I FEB 2 G 200 Pg.. ~_ ~ _.~ o o THE CONTRACT SUM. The County shall pay the Contractor for the performance of this Agreement for the initial installation in an amount not to exceed twenty thousand, eighty five dollars ($20,085.00), as per Exhibit "A', based on the conditions set forth below and in the Contractor's proposal, subject to Change Orders as approved in advance by the County. The contract amount for additio~ 1. departmental installations and/or additional services shall be mutually agreed upon in ~,riting by the Contractor and County Departments as per subsequent Exhibits. Pricing for software and services purchased under this AgTeement shall be firm and fixed through February 28, 2004 as per Exhibit "C' attached. Any price increases for the renewal periods shall not exceed the Southern Region Consumer Price Index (CPI) for the previous twelve (12) month period. COMPENSATION. The County shall pay the Contractor for the performance of this AgZreement upon completion of the initial work as accepted and approved by the Director of Community Development & Environmental Services or their designee. The County shall pay the Contractor for the performance of this Agreement for additional departmental installations upon completion or partial completion of the work tasks as accepted and approved by the Department Directors or their designees pursuant to the Contractor's proposal and schedule included in each individually numbered Exhibit. Payments shall be made to the Contractor when requested as work progresses, but not more frequently than once per month. Payment will be made upon receipt of a proper invoice and in compliance wi(h Section 218.70, Fla. Statutes, otherwise known as the "Florida Prompt Payment Act". Travel expenses shall be reimbursed at the rates used by Collier County for its employees as per Section 112.061 Florida Statutes. Reimbursements shall be at the following rates: Mileage: Breakfast: Lunch: Dinner: Airfare: Rental Car: Lodging: Parking: S .29 per mile S 3.00 S 6.0O S12.00 Actual Ticket Cost Actual rental cost of midsize or small car Actual cost of reasonable lodging at single occupancy rate Actual cost of parking NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or faxed to the Contractor at the following Address: Ammu Warrier Dua Computer Resources, Inc. 100 E. Linton Blvd. #203 A Delray Beach, Florida 33483 Fax # 561-276-8058 All Notices from the Contractor to the County shall be deemed duly served if mailed or faxed to the County to: Collier County Government Center Purchasing Department - Purchasing Building 3301 Tamiami Trail, East Naples, Florida 34112 Fax #941o732-0844 Attn: Purchasing Director The Contractor and the County may change the above mailing address and/or fax numbers at any time upon giving the other party written notification. All notices under this Service Agreement must be in writing. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between tile County and the Contractor or to constitute the Contractor as an agent of the County. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, Fla. Stats, all permits necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all such permits issued by the County shall be processed internally by the County. Al1 non-County permits necessary for the prosecution of the Work sf-~all be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. TiLe Contractor agrees to comply with ail laws governing the responsibility of an employer with respect to persons employed by the Contractor. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regnalation, or of any governmentaI rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the contract of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Con2actor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. ,~ no. fl~-~- .~ F E B 2 G 10. 11. TERMINATION. Should the contractor be found to have failed to perform his services in a manner satisfactory to the County as per the requirements of this Agreement, the County may terminate said agreement immediately for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non-performance. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. INSURANCE. The Contractor shall provide insurance as per the requirements outlined in RFP #01-3282 as follows: A. Commercial General Liability; Coverage shall have minimum limits of S1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. TI'tis shall include Premises and Operations; Indepe~4dent contractors; Products and Completed Operations and Contractual Liability. B. Workers' Compensation: Insurance covering all employees meeting Florida Statutory Limits, Chapter 440 in compliance with the applicable State and Federal Statutory limits and Requirements. C. Professional Liabilitv: Coverage shall have minimum limits of S500,000 Special Requirements: Collier County shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. Renewal certificates shall ge sent to the County 30 days prior to any expiration date. There shall be a 30-day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Contractor shall insure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. 12. INDEMNIFICATION. The Contractor/Vendor, in consideration of One Hundred Dollars (S100.00), the receipt and sufficiency of which is accepted through the signing of this document, shall hold harmless and defend Collier County and its agents and employees from all suits and actions, including attorneys' fees and all costs of litigation and judgments of any name and description arising out of or incidental to the performance of this contract or work performed thereunae~' This provision shall also pertain to any claims brought against the County by any Subcontractor or anyone employee of the named Contractor/Vendor, any directly or indirectly ernployed by any of them. The Contra :tOr~a'~,.lort~/'-,o.//~-a"' 2° FEB 2 6 2 I2 13. 14. 13. obligation under this provision shall not be limited in anvwav bv the agreed upon contract price as shown in this Contract or the Contractor/Vendor's limit of, or lack of, sufficient insurance protection. The first One Hundred Dollars (S100.00) of money received on the contract price is considered as payment of this obligation by the County. This sectibn does not pertain to anv incident arising from the sole negligence of Collier County. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Department of Community Development & Environmental Services Director or their designee. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached component parts, all of which are as fully a part of the contract as if herein set out verbatim: Contractor's Proposal, Insurance Certificate, RFP #01-3282, Initial Installation Proposal (Exhibit "A"), Source Code Ownership (Exhibit "B"), Fee Schedule (Exhibit "C") and subsequent Exhibits as set forth in Item 2 "Statement of Work". SUBIECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this agreement is subject to appropriation by the Board of County Commissioners. AUTHORITY TO PIGGYBACK. The Contractor agrees that any member SW Florida Purchasing Consortium or other public entities given prior written approval by the Collier County Purchasing Department may utilize this agreement under the conditions described below. The Contractor hereby further agrees that for each entity given written approval by the County to utilize this option, the Contractor shall provide a check to the County in the amount of three percent (3%) of the total annual purchases made under each entitv's contract. Contractor shall be required to provide yearly documentation of such entities' total annual purchases in a form approved by the County. No. ~_~~ ! FEB 2 6 200' . 5 IN WITNESS V,~rIEREOF, the Contractor and the Count),, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ATTEST: Dwight E. Brock, Clerk of Courts BOARD OF COUNTY CONIMISSIONERS COLLIER COUNTY, FLORIDA Dated: (SEAL) Chairman Dua Computer Resources, Inc. Contractor First Witn~ess Signature ?Type/prh~t witness name? Second Wimess Typed signature and title Type/prtnt witness name i CORPORATE SEAL (corporate, ohs onl.v) Approved as to form and legal sufficiency: Robert Zachary Assistant County Attorney FEB 2 6 200 . Exhibit "A" FEB 7 COLLIER COUNTY GOVERNMENT Wireless Applications for. Community Development and Environmental Services Technical Proposal In Response to · 01-3282 October 5, 2001, 4:30 pm (EST) DUA COMPUTER RESOURCES, [NC (DCR) Submitted to: Purchasing Department Collier Count)' Government Center 3301 East Tamiami Trail, Naples, FL 34112 Submitted by: Dua Computer Resources, Inc. (DCR) 100 E. Linton Blvd. #203A Delray Beach, Florida - 33483 No. / ~t- ~ _m~ 2002 PROPOSAL FOR COLLIER COUNTY 01-3282 TABLE OF CONTENTS Proposer's Credentials ......................................................................................... 7 ................ 3 1.1 Capabilities 3 1.2 Wireless Application Projects .......................................................................................... 4 1.2. ] Engineering Change Management ....................................................................... 4 1.2.2 Field Service Supply Chain .................................................................................. 4 1.2.3 Facilities ,.[[anagement System ............................................................................. 5 ].2.4 Emai! over ?ho~e ................................................................................................. 1.2.5 ~Yationa1.4ccotm~ Customer D'acking Sofn~'w'e ................................................... Staff Credentials ....................................................................................................................... 6 2.1 Office Location Of Each Team Member .......................................................................... 7 2.2 A Complete Resume of Each Team Member ................................................................... References ............................................................................................................................... ! 2 Plan .......................................................................................................................................... 13 4.1 Statement of the Problem ............................................................................................... 13 '" Sof~vare Development .................................................. 13 ':.3 interface to CounD"s Business Systems ......................................................................... i6 "" Timeline I6 4.5 Suggested Hardwarel7 4.6 Training 17 4.7 Technical Support 17 Fee Proposnl ........................................................................................................................... 19 Supplemental information ..................................................................................................... 19 Appendix- web pages for the application ........................................................................... 20 PROPRIETARY INFORMATION OF DCR, 2001 September 27, 2001 Information Release To: All Evaluators Collier Counb' DCR has please to announce the availability of a demonstration of the web based application for the Inspection Management System. This is only a demonstration and shows the main screens o~' the application for the Pocket PC as well as the administrative module. It has been provided as a starting point for discussions with the County and to show case our abilities, tmowledge, skill a,",d commim~ent to the project. Yo'a may access the demons,'Tation at wws~'.dcr-inc.com/collier. FEB 2 6 PROPOSAL FOR COLLIER COUNTY 0!-3282 LETTER OF TR.~NMITTAL To Purchasing Department Collier County Government Center 3301 East Tamiami Trail Naples, FL-34112 Dear Fred Blatchley: Dua Computer Resources, Inc. (hereafter referred to as "DCR"), acting as prime contractor, presents this proposed solution based on a thorough understanding of the requirements contained in the RFP No. 01- 32S2 for Wireless Applications Development. This proposal also reflects results of our years of experience developing similar svstems. DCR provides a tectmology and operating structure that leverages the strengths of our exper-rise in wireless applications as well as web development experience. Our proposed solution, addresses all of the business and tec~',nicai requirements as requested in the solicitation. The proposed solution also provides for training and ongoing support and maintenance. The DCR team leverages the project deliveo' methodology, knowledge capital, and experience o5 fo,wner IBM executives who will be dedicated to the project. A "best practices" delivery approach, pr~ect management infrastructure, and deliverables based project plan are utilized to establish control over the delivery process. Our project team is a ~oup of business and technolo~' professionals with the right skills, dedication and experience to deliver on-scope, on-time and on-budget. This team has a proven track record in delivenng custom application systems and supporting operations for the public and zommercial sector. DCR brings solid client references, a solid financial histou' and an on-going commitment to the Deoartment. The combination of our lmowledge capital, deliveo' capability,, financial resources. experience and commitment to quality ensures delivery of a system and infrastructure that will meet the requirements of the Collier County Government. T'nis letter has been si_o-ned by :Mnmu Warner who is authorized to bind the firm in a contract. .Ammu Wander President Dua Computer Resources inc. 100 E.Linton Blvd., #203A Delray Beach, FL-33483 Ph: 561-276-6838 Fax: 561-276-8058 X, Ve are loo 'k/ng for a long business relationship with the County. Yours sincerely n°-',?&-~--- !c) j FEB 26 2002 j PROPRIETARY INFORMATION OF DCR, 2001 PROPOSAL FOR COLLIER COUNTY 01-3282 1. PROPOSER'S CREDENTIALS DCR was founded in 1995 as an information te'?,nology solutions provider in the ovcner's housd in Boca Raton. FL. Since then it has gown into a corporation'with 63 employees and over 9 million in revenue in the ','ear 2000 and relationships with several Fortune 500 companies. DCR's core management has a technical and business education backg-round that makes delivery within the schedule and cost more feasible. DCR started its first project with a testing tool that it developed for Motorola Inc. at its paging facilits.'. The references generated from DCR's first project ensured ongoing projects and DCR is still continuing to do business with its first client. DCR worked with EDS to develop a client-server application for its telecommunications billing system and was later able to adapt the same algorithm for a billing system for Siemens. ______~ DCR's President is Ammu Warner who h~'M.S, in Computer Enmneerin~ from University of Miami.-~"' She has worked for two laroe Federal Gov~cts Ior the peaerat Emerge--~k-Wc5~,~~ A_oencv and experience in wor 'king with several large companies. Since starting DCR, she has developed th~ business from a three person company to 63 employees with a solid organizational structure. Besides 63 ful! time employees, DCR has also employed W2 contractors for various contracting assignments. DCR is a minoriU' oxxnned business and has been certified by the State of Florida as a Minorsty Business Enterprise ("MBE') and the Small Business Administration as a Small Disadvantaged Business. !.! CAPABILITIES 'Wireless Application Development Expertise: DCR started working with wireless applications in t998 when it started WAP and WiVlL pro=oTamming for the Palm, Pocket PC and the iDEN devices. DCR has provided wireless application development ser,,'ices to some of the major players in the industrs' and has developed solutions that pro~.qde a wireless interlace to various business systems. Some of the detailed projects and solutions that DCR has developed for this platform has been described in the folloxving sections. 24 Microsoft Certified Professionals 14 Wireless Application Development Resources 23 Sun Certified Java Programmers Application and System Design: DCR's arch/tects and designers use formal methodologies for system desi_on. DCR has experts in UML, Jacobson's Use Cases, Rumbaugh's OMT as xvell as structured techniques like Yourdon and Ward-Melior. DCR uses CASE tools including Rational Rose for all object oriented desig-n and ERWin for data modeling. Web Application Development: DCR's expertise in web application development involves the use of n- tier and distributed application development in Windows Nq' as well as Unix environment. DCR is a 3licrosoft Certified Sohttion Provider and has 24 ~¥Iicrosofi Certified Professionals. FEB 2 6 2002 PROPRIETARY INFORMATION OF DCR, 2001 PROPOSAL FOR COLLIER COUNTY 01-3282 Database Experience: DCR is a Microsoft Certified Solution Provider, Oracle Business Alliance Parmer and an IBM Partner. DCR has expertise in data warehousing and data modeling large and complex systems as well as database dcvc!opment using different RDBMS like SQL Server, Oracle and DB2. DCR has 7Microsoft Certified SQL Server DBAs. Full Life Cycle Development Experience DCR's team has more than 1000 man ),ears of application development experience. DCR's unified development process, supported by a comprehensive quality management system, shortens the application development timefi-ame and provides significant business benefits to the customer. Software Development Methodolo~': DCR's application development methodology follows the cycle that includes project planning, analysis, design, development, quality assurance and final implementation. All the phases go through an initiation process, planning process, controlling process and closing process. Risk management planning is done as a part of the planning process and progress measurement, risk monitonng and control and quality control are done as part of the controlling process. 1.2 WIRELESS APPLICATION PROJECTS DCR's wireless application development projects include database interfaces, mobile messaging, web applications, speech recognition applications and local applications for wireless devices. Below sampling of recent projects that DCR has been involved in with clients: 1.2.1 Engineering Change Management The client is a large telecommunications company in Florida and has a workflow process for approva! and implementation of any engineer/ng change requests in their product (changes could im'olve changing manufacturers for different parts or something as simple as the size of the logo on the products.). DCR automated the entire workflow process by developing a wireless application that can also be accessed online by the authorized users. The users get all the jobs that are allocated to them on their Palm top and they can review the job details and either approve or put in notes that request for additional information. This application also has an interface to email so that emails with reminders can be sent. The entire application was developed using WAP, ~hSML, ASP with COM and Microsoft SQL Server 7.0 as the database. 1.2.2 Field Service Supply Chain .The client is a prime government contractor in Orlando, FL that performs projects for the Department of Defense. They have multiple locations in Orlando and there is department need to dispatch technicians into the field to support their hardware, software as well as eng-ineering equipment. The capability for efficient scheduling of the field technicians is critical to help the company meet its deadlines. Hence, DCR designed and developed a web based application that is accessible by the technicians from Pocket PC and shows them the jobs that they need to complete, based on their areas of expertise. The technicians can update the job status and also request for additional software licenses and hardware parts through the application. The entire system was designed and developed by DCR using ASP on IIS with SQL Sec'er as the database. DCR is also currently providing maintenance and support (including enhancements) for the application. PROPRIETARY INFORMATION OF DCR, 2001 FEB 2 6 200Z PROPOSAL FOR COLLIER COUNTY 01-3282 1.2.3 Facilities Management System The client is a financial services company in Florida that buys and manages non-performing loans and morteazes. DCR ~-ri~mqed and developed a facilities management system that tracks the allocation of differ~en~t facilities (e.g. space, telephone, computer, software licenses, laptops, cell phone etc.) when employees join, move bem'een departments or leave the company. The personnel from different departments get notified through the Palm pilot application when they have a pending task (e.g. set up a telephone and an extension, setup a computer and install certain soft~vare etc.). The Palm application was developed by DCR using Visual C++ xvith SQL Server as the database. User training xvas provided over a period of 2 xveeks and currently DCR is providing ongoing maintenance and application support. 1.2.4 Email over Phone The client is a telecommunications company in Florida and is providing a service by which a customer can reeister and receive their emails over the Internet, phone or on their wireless device. DCR designed and d~veloped a complete system using ASP, COM and SQL Server along with SpeechWorks with Windows NT, IlS and Exchange ser~'er. The system connects to the mail server and converts the mail to the appropriate format based on the device that is accessing it (Pocket PC, Palm or telephone) and delivers the email. For a telephone, the email message is also converted to speech. DCR also provided complete user manuals, online help and other documentation that was required for the application. 1.2.5 National Account Customer Tracking Software The client is a securiD' systems company in Florida and has a client-server application for tracking the contacts for alt their national accounts. DCR mi~ated the application to web based application that is accessible over a Pocket PC using ASP, COM and SQL Sera'er. The data was mi~ated from a mainframe database into SQL Sera'er on a scheduled basis and DCR developed batch pro,ams for the data transfer. DCR worked closely with the clients to design the presentation layer and maintained the functionaiiD' of the processing layer. The design was done using Rational Rose. PROPRIETARY INFORMATION OF DCR, 2001 FEB 2 200 PROPOSAL FOR COLLIER COUNTY 01-3282 2. STAFF CREDENTIALS The project is organized to ensure delivery, ora timely and quality solution as follows: Project Manager Developer · QAAnalyst [ Trainer and Technical Writer TITLE TIME ROLE 100% The project manager will be dedicated to the project effort full-time PROJECT 5L&\'AGER DE'v~LOPER .~N AL Y ~ T QA T - TRAJxNER ANI) TE CH2NqCAL V~ITER 100% During testing and rollout During rollout and training during the duration of the project. The Project Manager will be responsible for: · Project management and the use of sound project management techniques including work planning, status reporting, issues management, deliverable review and risk management. · Overall project leadership. · Overall system and user test planning and coordination · Acting as the pr/maD, point of contact for the County. The Developer will be allocated to the project on a full time basis and will be involved in design, development and testing phases of the project. Responsibilities include: · Application detailed design and development · Prototype development · Unit testing and Support for system and user testing There xvill be one QA Analyst allocated to this assignment dunng the testing and rollout phase. Responsibilities include: · Documentation of test plans and test cases. · System testing and regession testing. · Support the user and acceptance testing. There will be one Trainer and Technical Writer dunng the rollout and training phase. Responsibilities include preparation of training manuals, training and user documentation. PROPRIETARY INFORMATION OF DCR, 2001 PROPOSAL FOR COLLIER COUNTY 01-3282 2.1 OFFICE LOCATION OF EACH TEAM MEIVlBER Each team member will work from DCR's development center in Delray Beach, FL. If necessau', they will travel to the Coun .ty's office in Naples, FL. 2.2 A COMPLETE RESUME OF EACH TEAM MEMBER PROJECT 3 L4~NAGER KEGHU WA_RRIER Summary of experience A Ce~it~ed Project Management Professional with over 15 ),ears of experience in consulting and industry focusing on project management, organizational assessments and redesig-ns for large co~orations in high tech, insurance, communications and the retail industries. Areas of expertise · Project management · Customer relationship management · Strategic sourcing Strategic planning development Business process engineering · Technology management History with DCR: Reghu'Warrier has been with DCR for the last 4 years as a Project Manager and has been responsible for developing, managing and controlling budget z%r different projects. Technical Disciplines: Operating Systems ..... H_P-u.-., N,ffVS, OS,'390. Windows 2000. CE, NT. 98.05, PaimOS. Sun Soiaris. AJAX, ' -tv Software Microsoft Project, Office Database: SQL Server, DB2, Oracle Case Tools: ERWin, Rational Rose Pro~amming Tools: Visual Basic, ASP, COM, HTML, SQL, C, C++, Java Work Experience July 1997 - Present Project Manager, DCR May 1994 - July 1997 Project Manager, Liberty Mutual Insurance Jan 1990 - April 1994 Principal Consultant, IBM Corporation Dec. 1988 -Dec. 1989 System Analyst, Syntel Corporation June 1986 - Oct. 1988 Engineer, MerchantNaw Relevant experience · For the Florida Department of Laxv Enforcement, served as a project manager for a three year project to up,adc the law enforcement computer systems. 'Managed the development of t?='ee PROPRIETARY INFORMATION OF DCR, 2001 PROPOSAL FOR COLLIER COUNTY 01-3282 WAP and WML enabled applications for the xvireless. Acting as a consultant, he managed a third part~ vendor to ensure the successful completion of the product, which included the del/very of hardware and development of software. He worked with the sheriffs and police departments, to meet the goals of the Department which included transitioning from dumb terminals to a client server application. For a large telecommunications, managed the development of the xvor~kflow system for engineering change management on a Pocket PC, interacted directly with the business users to collect information, implementation of new enterprise systems and consolidation of information sharing between the warehouses. Managed a team of 1 designer and 4 developers and QA analysts for systems that were developed using ASP, COM, HTML with SQL Sera'er 7 as the database. Overall documented improvement in ROI was over 23%. For a Fortune 500 security ser~'ices company, converted a national account tracking system from a client-seryer to a wireiess application on a Pocket PC. Managed a team o£ developers, business analysts and testers. Interacted directly with different business users and prepared specifications based on their input. ~'D',e results included up to 27% cost savings and improved the efficiency of the sales team. Led an e-business transfo.,'mation for a large retailer for Latin America. Responsible for improved change management processes thus reducing risk and improved fulfillment tracking. Led the implementation of a new custom t~liX, llment system that also inte~ated with carriers and customs department in Venezuela. Education and Certification Ce~ified Project .Management Professional 2 vear Diploma in Business Management BS Mechanical Engineering PROPRIETARY INFORMATION OF DCR, 2001 PROPOSAL FOR COLLIER COUNTY 01-3282 QA ANALYST .~NTL RAJANALA Summary of experience A Certified C1VD, I Specialist with over 14 years of experience in quality management, strategy and planning of software applications. Areas of expertise · CNDd Roadmap · Quality Review · Quality Management · Benchmark establishment History ,a'ith DCR: Anil R~janala has been xvith DCR for the last 3 years as the lead member of the QA team. He has been responsible for the quality assurance and quality control for all projects. Technical Disciplines: Operating Systems: Windows 2000, CE. NtT, 98, 95, Sun Solaris, Linux. Software Database: DB2, Sybase, SQL Server 7.0, Oracle Test Tools: SQA Team Test, Load Runner Pro~arnmino_ Languages: Java. COBOL. CICS, C/C++, HTML, ?CML, SQL, PL/SQL. Shell Scripting Confiwaration Management: PVCS, ClearCase, Visual Source Safe ;Vork Experience Jan. 1997- Present QA A. nalysr, DCR June !996 - Dec. 1996 Senior Consultant, CMC Auz. 1991 -May 1996 Systems Analyst. Tata Consultancy Services r,,lv i987 - July 1991, Systems Analyst, Larsen & Toubro Relevant experience · Created the quality control and quality management plan for a Fortune 500 Secunu' Service company. Developed the quality assurance standards for ali web based applications. · Developed a V-Model of Verification and Validation that established guidelines for qualiu,' assurance of every deliverable and the scope for each phase of the project. · Developed the standards for system testing, stress testing, performance testing and benefits realization testing. · Over 10 years has been a hands-on test specialist with expertise in defect management, configuration management and revision and build management. Education and Certification · BS Computer Engineering. · Mic'rosoft Certified Professional I' '- ' ITEM FEB 26 PROPRIETARY INFORMATION OF DCR, 2001 PROPOSAL FOR COLLIER COUNTY 01-3282 DEVELOPER CHUCK T. Summary of experienfie Microsoft Certified Solution Developer with over 9 years of experience in wireless application development, web development and database development on the Windows CE and NT platforms. Areas of expertise · Wireless Application Development · Database Development · Object Oriented Programming History' with DCR: Chuck'has been with DCR for tee last 2 years as a senior pro~ammer/analyst for wireless development projects using n-tier distributed architecture. Technical Disciplines: Operating Systems Windows CE, PalmOS, Windows 2000, NT, 98, 95. _.'~LP-UX. So f'c, vare Database: SQL Server 7.0 Case Tools: ERWin, Rational Rose Pro~amming Languages: ASP, COM DCOM, C, C-~-. HTML. VxS'IL. SQL Transaction Server: MTS *iethodologies: UNLL, Jacobson's Use Case. Booch, ¥ourdon Configuration Management: Visual Source Safe Work Experience Oct. 1999 - Present Senior System Analyst, DCR Jan. 1995 - Aug. 1999 Systems Pro~ammer, Siemens Telecom Networks Dec. 1992 - Dec. i994 Pro~ammer, Advanced Promotions Technologies Relevant experience · For a lar_oe telecommunication company, developed applications for automating their engineering change n'~anagement process. Desig'ned and developed the application for a Pocket PC running Windows CE using ASP, COM and HTML with SQL Serx'er. Designed the entire user interface and tested it on the PocketPC. Developed the modules for database transactions. Used jacobson's method for Use Case modeling. For a large government prime contractor, developed an application to schedule the field service technicians for solving hardware and software issues. The application xvas developed using a Windoxvs emulator for the Pocket PC and later deployed on a Pocket PC. Was responsible for developing all the pages using ASP and HTML. Used COM and NITS for all business rules and database interactions. Developed the stored procedures in SQL Server to encapsulate all the transactions. Was also responsible for detailed desig-n documentation and creation of unit test plans and test cases. PROPRIETARY INFORMATION OF DCR, 2001 FEB 2 2002. i PROPOSAL FOR COLLIER COUNTY 01-3282 · Developed a franchise management application for a large franchiser of signs that has an online application for the franchisers to update their information. Used ASP and HTivIL for the GUI and the online application xvith SQL Server as the database. · Developed an online portal that provided information about cricket in the US. This was developed as an n-tier application with XIvIL, ASP and SQL Server and feeds from other web sites. · Designed and developed a wireless application for a large security services company in Florida that mc'ks contact information for their National Accounts. The application was developed for the Windows CE platform. Developed COM components to handle all the business rules and prototyped the GUI after interacting with the end user. Developed batch pro,ams to mi~ate the data from the source (which is a mainframe database) to the SQL Sen'er. Education and Certification · Microsok Certified Solution Developer. · BS Mathematics and Computer Science with specialization in databases FEB 2 6 2002 PROPRIETARY INFORMATION OF DCR, 2001 PROPOSAL FOR COLLIER COUNTY 01-3282 3. REFERENCES DCR brings solid client references to attest to its past performance: Lockheed Ivlartin Information Systems 12506 Lake Underhill Rd., Orlando, FL Ashok Kumar, (407)306-3926 DCR designed and developed a wireless application for scheduling the field technicians to sen'ice hardware equipment for their various locations in Orlando. The application xvas developed in October, 2000 and there were 4 developers, 1 business analyst and a project manager in the team. DCR still has a maintenance contract for this application. Motorola Inc. 1500 Gateway Bh'd., Bo3mton Beach, FL Rajesh Tulsyani, (561)739-2979 DCR desigmed and developed a wireless application to automate the workflow procedures for their engineering change management. This application shortened the review and approval cycle for new engineering parts by 12%. The application was developed in August 1999 and DCR still has a maintenance contract for it. The team consisted of one project manager with two developers and one QA ,-Mnalyst. Ocwen Financial Corp. 1335 Palm Beach Lakes Blvd., West Palm Beach. FL Brian Knowles, (561)44t-2191 DCR designed and developed a facilities management system for Ocwen, that allowed the different depart~ ~ents to manage the facilities (space, telephone, computers and Iaptops) over their different locations, order additional equipment from suppliers if necessao' and automate the workflow for facilities management during hiring, termination or transfer or employees. The application was developed in May 1999 and there was one project manager with txvo developers and one QA :Mnalyst for this project. PROPRIETARY INFORMATION OF DCR, 2001 PROPOSAL FOR COLLIER COUNTY 0]-3282 4. PLAN 4.1 STATEMENT OF THE PROBLEM The Collier County building inspectors currently receive their daily schedules from hard copies of inspection sheets. After completing the inspections, they update the inspection sheets and submit their inspection notes for data entry. The data is stored in a SQL Server database and is available for the contractors either through the web site or through phone messages. The inspectors need to travel to the County twice in a day(once in the morning and once in the afternoon) and call in several times to key in the inspection results ','ia telephonic codes. Morning Visit Get inspection sheets. Get inspection histoo'. Pick up county' trucks. Afternoon Visit Submit inspection notes. Return phone calls. Consult with superiors. Return county trucks. The Count3.' needs to reduce the time that the inspectors spend on travel and adminisn:ative '~asks bF' streamlining the scheduling and administrative tasks. This can be done by providing an online web based application that will be available through a Pocket PC with an Internet connection that allows zee inspectors to receive their schedule and update the inspection status and notes. T X,'ARE DEVELOPMENT DCR will satisfy the folloxxing technical requirements as part of this application: Automatic Scheduling: DCR will implement a scheduling algorithm that x~511 automatically generate schedules for each inspector based on the locations so that inspectors do not have to travel too far from one scheduled inspection to another. Once an automated schedule is created, the administrator will also be able to review the inspection schedule and make changes. Web Based Application: DCR will design and develop the entire application as a web based application xvhich will be formatted for the Pocket PC as well as a desktop PC. The web application will interface with the SQL Sec'er 7.0 database. Schedule Extraction: The application will allow the inspectors to extract their daily schedules from the database based on their user id and password. Online !,~pection Sheet: DCR will design and develop an online inspection sheet where the PROPRIETARY INFORMATION OF DCR, 2001 2002 PROPOSAL FOR COLLIER COUNTY 01-3282 inspectors will be able to review the inspection history and update the status, the rejection codes and notes. · Inspection History: The inspectors will be able to review tine inspection history for the inspections that they have scheduled. · Daily Inspection Retention: The inspection data for the daily schedule xvill be available for the inspectors to reference until it has been uploaded. · Data Delivery: The inspectors xvill be able to update the County's central SQL Server 7.0 database repository from the application. · Hosting: The entire application will be hosted at Collier County on its internal servers. ° Security: The web application will be secure so that inspectors will be able to view and update only their oxs'nn scheduled inspections. Only administrators will be able to review and change the schedules. Administrative Interface: The administrators for the application will be able to Add or L~odate Dtspectors, Modify or Add Inspection Schedules attd Review Completed Inspectio, Sheets. The detailed functionalits' will be discussed with the County. · Online Help: The application will have online help for the inspectors. DCR has desig-ned a prototype for the user interface for the application for the Pocket PC. This protoU.'pe is based on DCR's understanding of the application only. The protoU'pe has been hosted on http://~vxv.dcr-in c.conr/collier. The user interface will be modified based on input from the Count>.,. The entire application will be developed using ASP, COM attd HTML with IIS as the web sen'er and SQL Sen, er as the database. DCR's project approach provides a framework for the delivery process and a "xvork breakdox~"n swacture" that segrnents the project into manageable xvork phases with clearly defined deliverables. This approach is based on experience with delivering similar systems and processes for similar clients. DCR's project approach places emphasis on application proto~'ping attd iterative protoO~e review to finalize the overaR solution design. Solution development and testing is also an iterative process that requires active user participation. The solution will undergo rigorous validation and acceptance testing by all user groups. User approval and sign-off is required prior to releasing the system for pilot testing. Our approach places emphasis on "pilot" deployment to provide user interaction well in advance of final deployment. This approach ensures user involvement in the development process and ultimately ensures a system that is well accepted by the users and meets business requirements. The entire project will be divided into phases and there will be concrete deliverables for each phase. The work breakdown structure for each phase is given below: PROPRIETARY INFORMATION OF DCR, 2001 ,~o./{~-~- ltd ! i.FEB 2 G 2002 PROPOSAL FOR COLLIER COUNTY 01-3282 Kev Tasks Figure 1 Development Approach Develop project plan. Analyze database. Gather detailed requirements. Create GUI protoUTe. Key Phases Deliverables PROJECT PLANNING .:.' i! Project Plan NEEDS Requirements Document Develop architecture. Document detailed design. Design Document System test plans Unit tested application Rollout document Complete tested application and documentation Setup development environment. Develop application. Complete unit testing. Prepare system test plans. DEVELOPMENT Perform system testing. Install application. Tram users for user testing. Perform user acceptance testing Post installation Training Rollout to production Complete deployed application PROPRIETARY INFORMATION OF DCR, 2001 PROPOSAL FOR COLLIER COUNTY 01-3282 4.3 INTERFACE TO COUNTY'S BUSINESS SYSTEMS As discussed in the Software Development section, the application will interface with the County's SQL Setwer database. The data that is input into the SQL Server database for inspections will be retrieved in the application and when the inspector makes an update, it will update the data in the SQL Server database. The inspection schedule xvill be generated automatically on a scheduled basis. There will be an administrative interface for the administrators to modify the schedule manually if necessary. 4.4 TIMELINE The hieh-level project timeline is shown below. It assumes that the project will start on November 1, 2001. ~he start date will coincide with the County's Purchase Order date. There is an overlap between phases as some of the tasks in a phase can be started without waiting for deliverables from a previous phase. PHASE ! NOV.'01 i DEC.'01 Planning Needs :Cnalysis D:sign Development QA Implementation The estimate for the level of effort for each phase is given below: PHASE Planning [Project Needs .&nalysis DELIVE1L4fl3LES EFFORT (person days) MILESTONE DATE Plan 2 Nov. 5, 2001 Nov. 12,2001 IRequirements Document GUI Prototype Design I Design Document 6 Nov. 19,2001 PROPRIETARY INFORMATION OF DCR, 2001 16 A C.,E NO~A ITEM FEB 2 6 2002 P~. ~Y PROPOSAL FOR COLLIER COUNTY 01-3282 Development Complete application 15 Nov. 28,2001 Test plans QualiD' Assurance Complete tested application I 1 Dec. 7, 2001 User testing Imptementation Training 10 Dec. 19,2001 Rollout 4.5 SUGGESTED HARDWARE Based on the recommended solution, the County Inspectors will need Pocket PCs ;vith a browser and Internet connection. DCR recommends the following hard;vare (specifications can be modified after discussions with the County): COMPAQ iPAQ H635 Pocket PC, 32 MI3 R~dXl, 16 MB ROM, 240x320 resolution. Windows CE and Pocket Intemet Explorer are preinstalled. 4.6 TRAINING DCR wiil provide training to the end users and administrators. The following training will be provided: · End User training with training manuals: The end user training xx51! be organized into ~ou?s of different levels. Training will be provided about the application, use of Pocket PC, Internet and also some trouble shooting. Training manuals will be provided. Administrator Training: The administrators xvill be trained for the application usage. administrative features and trouble shooting. Training Manuals will be provided to the administrators. There wilt be four-hour training sessions scheduled for 6 different days for the end users. There will be txvo-hour training sessions schedules for 2 different days for the administrators. 4.7 TECHNICAL SUPPORT DCR will allocate a technical support team for application maintenance and support. The foUowing cycle will be followed for Technical Support: PROPRIETARY INFORMATION OF DCR, 2001 17 ,. [ AGEt¢OA ITEH ~ FEB 26 2002 PROPOSAL FOR COLLIER COUNTY 01-3282 Issue Acceptance Toll Free Number Web Based AptSlication Level I Help Desk Resolved Issue Closure --Escal~ Resolve ~/4~Res°l~'ed Level II Help Desk Schedule Onsite Maintenance Issue Acceptance: DCR will provide a toll free number for technical support as },,ell as a web based application for the issues to be entered. Level I Help Desk: The Level I Help Desk will try to answer and resolve all technical support issues. If the issue cannot be resolved or it needs application enhancement, it will get escalated to Level II Help Desk. ,~e'~! I! Help Desk: The Level II Help Desk will resolve the issue or if enhancements are required, it will make the changes in the application. If the enhancements need onsite work at the Count5.', the Level II Help Desk will schedule an onsite visit. Onsite Maintenance: Onsite Maintenance will be scheduled for as earl)' as the next business da)'. Onsite maintenance might be required if production data needs to be accessed or new versions of :he application need to be uploaded. · Issue Closure: .~n issue is closed if it has been resolved satisfactorily. ,~ESS TO COL.'N. 5 SERVERS: DCR understands that the Count3' might have policies that might res~ct access to County's se~.'ers. It is willing to work with the Counb"s Departments for getting access :o the sec'ers and databases for proxSding technical support, making modifications to the application or running SQL queries. 18 PROPRIETARY INFORMATION OF DCR, 2001 A C., E' h, O,A I T E ~Ix---. .o.//~-~~- ~c_) FEB 2 6 2002 PROPOSAL FOR COLLIER COUNTY 01-3282 5. FEE PROPOSAL DCR proposes a fixed price of $20,085 for the entire project. The entire price has been calculated as follows: PHASE HOURS RATE TOTAL Project Planning 15 65 $975 Analysis 26 65 $1690 Design 28 65 $1820 Development [ 100 65 t56500 i QualitT Assurance 60 65 $3900 [ Implementation & Training 80 I 65 S5200 The houri}' rate for support will be S65 per hour. DCR will bill only for actual hours worked during support. 6. SUPPLEMENTAL iNFORMATION DCR has not been involved in an3' litigation. The following documents have been attached: · Proposer qualification form. Insurance requirements certification Proposer's checklist · Proposer Declaration Statement. F E B 2 6 2007. PROPRIETARY INFORMATION OF DCR, 2001 PROPOSAL FOR COLLIER COUNTY 01-3282 7. APPENDIX- WEB PAGES FOR THE APPLICATION A sample user interface has been designed and hosted at httn://w~3v.dcr-inc.com/collier. Given below are some screen shots from the pages. COLLIZI~ COIJYqW¥ GOV-E]RN-IvfEIqT This is a demo for pocket PC version of~e m~gemen[ ~ystem. Pages ha* been fomatted for ~e pocket PC o~y. The app~ca~on ~ be fo~atted for ~e pocket de s~op PC. Screen~ ~ be desired based on ~put ~om ~o~er co~ty. Chck ~ ere ~r ~ Of Poc~t P C ~iO~. C5ct: Here ~r ~ of I DUA COMPUTER R~OURC=~ INC. Done Main ~Ienu ~o.~r-'d FEB 2 6 200~ PROPRIETARY INFORMATION OF DCR, 2001 PROPOSAL FOR COLLIER COUNTY 01-3282 Inspector Li~t PROPRIETARY INFORMATION OF DCR, 2001 2l AG£/'~gA [TEM C) ~ FEB ~ ZOOZ ' PROI~OSAL FOR COLLIER COUNTY 01-3282 Daily Inspector Sheet Per~d~ 2~00~2~ ~su~ Dat~ 09A~1/2001 Location 490 ~d AVE P~ 561-123-I~4 D~. 699 Golden Estate V~ 92~0 stat~s I PASSED ~ Pmjecfian Rea:on to~ iob ~ Codes Inspecdon ]~story A ffl~tory. Det~s ofPermi~ 2000003328~ PROPR[ETA. RY INFORMATION OF DCR, 200l 22 FEB 2 6 2002 PROPOSAL FOR COLLIER COUNTY 01-3282 Sub Contractors ADMIN MODULE Done ' - - COLLIER COUiXiTY G OVEP, Zqlvi~T TS'semarne: [admin. ?assword: J'---'-- .. PROPRIETARY INFORMATION OF DCR, 2001 FEB 2 6 2002 PROPOSAL FOR COLLIER COUNTY 01-328;2 COLLI~ER COLr~TY G OVER_N1VEE!NT This is the m~r~ page of the A d.mL"~ Module of~e InspecSon M~¢gemen~ System. Usmg ~s ~te~ace, ~s a~s~atc~ c~ renew ~e ~s~ec~on sched~e ~d m~e ch~ges ~necess~' ~d ~d~remove ~specto:s. The dates for L~Js mod~e ~ be ~d ~e~ ~scussions ~ ~e Co~ty. Dome -., Back COLLTFR COUNTY GOVERI~.T~TT In ~.is page, the admmistrator ~ be able to review the daily schedule by date. (This the automatic schedule t.hat has been generated by the system). If they feel that this needs to b e changed (e.g. if an inspector takes a day off or some ot~her reason), they can also modify the schedule. PROPRIETARY INFORMATION OF DCR, 2001 l .o.lb-~ tH i FEB 2G 2002 i p,. ~ d..¢"., t RFP No. 00-3 Page 19 CONTRACT PROPOSAL FROM: DUA COMPUTER RESOURCES INC. DATE DUE: October 5, 2001 ~ 3:00 PM Board of County Commissioners Collier County Government Center Naples, Florida 34112 RE: RFP NO. 01-3282 "Wireless Applications for Community Development and Environmental Services" Dear Commissioners: The undersigned, as Proposer hereby declares that he has examined the Scope of Services, and informed himself fully in regard to all conditions pertaining to the work to be done. The Proposer further declares that the only persons, company or parties interested in this Proposal or the Contract to be entered into as principals are named herein; that the Proposal is made without connection with any other person, company or companies making a Proposal; and it is in all respects fail and in good faith, without collusion or fraud. The services to be furnished by us shall be performed in accordance with the requirements of the Request for Proposal #01-3282 as issued by Collier County on September 14, 2001. The undersigned do agree that should this Proposal be accepted, to execute the form of contract and present the same to the County Purchasing Director for approval within fifteen (15) days after being notified of the awarding of this contract. The undersigned do further agree that failure to execute and deliver said forms of contract within fifteen (15) days will ,---~sult in damages to the County. IN W'ITNESS WHEREOF, WE have hereunto subscribed our names on this 26 Palm Beach, in the State of _FL . Dua Computer Resources Inc. Firm's Complete Legal Name day ~September , 2001 in the County of Check one of the following: Sole Proprietorship Corporation or P.A. Limited Partnership General Partnership State of Florida Phone No. 561-276-6838 FAX No. 561-276-8058 100 E.Linton Blvd., Suite 203A Address _Delray Beach, FL-33483 City, State, Zip BY: Ammu Warried Typed and Wri~ President Title PROPOSERS QUALIFICATION FORM LIST MAJOR WORK PRESENTLY UNDER CONTRACT: % Completed Project Contract Amount 24% 65% Search Enqine Development Fax Over Email Wireless Application $ 69,000 $ 37,OOO 32% EMI- Billinq Application $26,000 LIST CURRENT PROJECTS ON WHICH YOUR FIRM IS THE CANDIDATE FOR AWARD: Minority Vendor Database, Georgia Department of Administrative Services SELLS Miqration, US Department of Aqriculture SBE/Client Server Analysts, IL State Board of Education Staff Auomentation Contract, South FL Water Manaqement District IT Services, Martin County Have you, at any time, failed to complete a project? [] Yes [~] No (If the answer is yes, submit details on separate sheet. REFERENCES: Bank(s) Maintaining Account(s): Bank of America. Line MacLeod, 561-838-5089 Pursuant to information for prospective bidders/proposers for the above-mentioned proposed project. the undersigned is submitting the information as required with the understanding that it is only to assist in determining the qualifications of the organization to perform the type and magnitude of work intended, and further, guarantee the truth and accuracy of all statements herein made. We will accept your determination of qualifications without prejudice. Name of Organization: Dua Computer Resources Inc. By: Ammu Warder Title: President -. Title: Date: Page 16 RFP No. 00-3 Collier County Florida Insurance Requirements RFP #01-3282 iNSURANCE TYPE RFQUIRED LIMITS X 1. Workers' Compensation Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits and Requirements. V 2. Commercial General Liability (Occurrence Form) patterned after the 1005 I.S.O. form with no limiting endorsements. Bodily Injury & Property Damage $1,000,000 Single Limit Per Occurrence V o Indemnification: The Consultant, in consideration of One Hundred Dollars ($100.00), the receipt and sufficiency of which is acknowledged through the signing of this document, shall protect, defend, indemnify and hold Collier County and its officers, employees and agents harmless from and against any and al losses, penalties, damages, professional fees, including attorney fees and all costs of litigation and judgments arising out of any wiIIful misconduct or negligent act, error or omission of the Consultant, its subconsultants, agents or employees, arising out of or incidental to the performance of this contract or work performed thereunder. This provision shall also pertain to any claims brought against the County by any employee of the named Consultant, any subconsultant, subcontractor, or anyone directly or indirectly employed by any of them. This section does not pertain to any incident arising from the sole negligence of Collier County. 4. Automobile Liability Owned/Non-owned/Hired Automobile Included Each Occurrence V Other Insurance as indicated below: a) Professional Liability $500,000 Per Occurrence The Consultant shall be solely responsible to parties with whom it shall deal in carrying out the terms of this agreement and shall hold the County harmless against all claims arising from the negligent acts, errors, or omissions of consultant by third parties. FEB 2 6 09/~?×2001 14:27 STIRLING INSURANCE e 2768058 N0,010 ACORD. CERTIFICATE OF LIABILIT ._-..-.- THIS GERTIFIOATE I$~ A MATTER OF INFORMATION ~. $---'--'~ti.-!~ [~.~a]~.e S~'~e~ Z~¢. ONLY AND CONFERS NO RH3HT$ UPON THE CERT~=ICATE ,OLDER. THIS ~FFICA~T~FOi~E~ NOT AMEND., E,TTE~*ID OR BY THE POLICIES BELCWV. ALTER THE GOVP..RArar:: ~ 2290 ~[.~*- :l~3c..a ]~,,~'c=~* :~l'vd. ,, SUito 6 ~3ga. [~.ato=, ~ 33431 *j,,~.~: (561) 393-241'/ (561) 395-1232 INSURERS AFFORDING COVERAGE su.ice 203 ~ -- ~ 1/1972001 1/1972C02 (~ ~ 77__~.-4¢7236-30O! -772~/200't 02 CERTIFICA'TE. HOLDER 3301 P,~ge 18 RFP No. 00-3 THIS SHEET MUST BE SIGNED BY VENDOR Board of County Commissioners Collier County, Florida Purchasing Department PROPOSERS CHECK LIST I M P O R T A N T: Please read carefully, sign in the spaces indicated and return with your RFP proposal. Proposer should check off each of the following items as the necessary action is completed: The RFP has been signed. 2. All required submittals have been included. 3. Any required drawings, descriptive literature, etc. have been included. 4. Any addenda have been signed and included. 5. The mailing envelope has been addressed to: Purchasing Director Collier County Government Center Purchasing Building 3301 East Tamiami Trail Naples, Florida 34112 The mailing envelope must be sealed and marked with: · RFP Number; · RFP Title; · Opening Date 7. The RFP will be mailed or delivered in time to be received no later than the specified ooenina date and time. (Otherwise RFP cannot be considered.) ALL COURIER DELIVERED BIDSIRFPS MUST HAVE THE BID/RFP NUMBER AND TITLE ON THE OUTSIDE OF THE COURIER PACKET. Dua Computer Resources Inc. Company Name I~ ' .~i~,..~,~--~~ President ~ - Signature & Title 09-27-2001 Date ~ ~ .~~~' AGE NOA ITEH~ F E B 2 6 It is further clarified that the contractor will develop and employ a thick client software solution for the Pocket PC's that will store a minimum of one (1) day's data in. put by County Permit Inspectors. This application should automatically detect a wireless signal when it is available and then synchronize with the database. This should include the down loading of the inspector's data and uploading any updates to their scheduled work, including changes in job status or history. In addition to this, the inspector should also have the option to synchronize the data through a standard Internet connection or network connection with the database server. Exhibit "B' No. ~ L--'~ FEB 2 6 2002 Exhibit "B" Contractor shall develop and deliver 'to County, as both object code and source code, the software described in this Agreement, together with all documentation customarily provided with such type of product, including in any event all manuals and other documentation that is necessary or reasonably desirable for County to identify the software, understand its functionality and application, and operate it for its intended use ("Documentation"), in such form and content as is reasonably acceptable to the County. The duties of Contractor under this Agreement shall be performed as work for hire. 'With the exception of an,,; already existing third party software that Contractor identifies in writing to County prior to delivery, County shall be the sole owner of all software (including both object code and source code), Documentation, reports and other deliverables and materials that Contractor provides, and all work product that Contractor generates, in the course of performance under this Agreement (all together, "Software"), and County shall possess all copyrights, all other intellectual propertF rights and all other rights in the Software, including but not limited to all economic rights, all rights of possession, reproduction and transfer, and all rights of modification. Contractor shall not receive or retain any license or other rights in the Software, whether arising from the process of creation or otherwise, and if any such right were deemed to arise, Contractor hereby waives it unconditionally, and if it cannot be waived, Contractor hereby assigns it to County. Contractor agrees to cooperate with any request by the County at any time to confirm such waiver and/or assignment in a separate writing. Contractor shall not permit any of its employees or contractors to obtain or retain any rights in the Software, and shall indenmifv and defend County against the assertion of any such right by Contractor, its employees or contractors. AGEA~OA No./~ -~'~-, FEB 2 6 2002 I 1o Exhibit "C" 11 Exhibit"C" FEE-SCHEDULE IPOSITION Programmer/Analvst I QA Analyst Business Analvst RATE per hour $65 $65 $65 The above Fee Schedule shall apply to all services performed under this Agreement, including, but not limited to the following: 1. Project Plarming 2. Analysis 3. Design 4. Development 5. Quality Assurance 6. Implementation 7. Training 8. Support (Billing is only for actual hours worked during support) FEB 2 6 12 EXECUTIVE SUMMARY, APPROVAL OF A DISASTER RELIEF FUNDING AGREEMENTBETWEEN THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS AND THE OCHOPEE FIRE & RESCUE CONTROL DISTRICT FOR THE REIMBURSEMENT OF DISASTER RELATED EXPENSES *IN THE AMOUNT OF $36,280, APPROVAL OF THE ASSOCIATED RESOLUTION, AND APPROVAL OF THE NECESSARY BUDGET AMENDMENT TO RECOGNIZE · AND APPROPRIATE ADDITIONAL REVENUE AND APPROPRIATE FUNDS FROM RESERVES. OBJECTIVE: Board acceptance and approval of Contract #02-RM-'2-09-21-20-010 between the State of Florida, Department of Community Affairs and the Ochopee Fire & Rescue Control District for reimbursement of disaster related expenses, approval of the associated Resolution, approval to replace the damaged Command Vehicle and approval of the necessary budget amendment. CONSIDERATION: The Federal Emergency Management Agency (FEMA). through the State of Florida Department of Community Affairs has made funds available to the counties impacted by Tropical Storm Gabrielle, September 2001. The Ochopee Fire & Rescue Control District submitted an application to FEMA for the following expenses related to Tropical Storm Gabrielle: replacement of the Command vehicle, a 1995 Chevrolet Suburban, damaged by salt-water intrusion, reimbursement of personnel costs and reimbursement of equipment expenses. $36,280 in expenses are eligible for reimbursement. Collier County Fleet Management determined the Command vehicle un- repairable and has estimated the replacement cost of the Chevrolet Suburban at $38.253. An additional $2,000 from Reserves will be used to make up the difference between the disaster expense reimbursement and vehicle cost. The Command vehicle is essential to daily operations. FISCAL IMPACT: A budget amendment to Ochopee Fire Control Fund 146 is necessary to recognize and appropriate the disaster relief funds of $36,280, and to appropriate $2,000 from reserves for contingencies. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact. ' AGENDX No. FEB 2 § 2002 Pg. RECOMMENDATION: That the Board of County Commissioners approve the attached Agreement #02-RM-'2-09-21-20-010 for the reimbursement of disaster related expenses, adopt the Resolution authorizing the execution and acceptance of said agreement, approve the necessary budget amendment and approve the replacement of the damaged Command vehicle. SUBMITTED BY: Chief Paul Wilson, Och~pge/Fire & Rescue District APPROVED : ......... ~, ....... Date: Kenneth F. Pineau, Interim Administrator Emergency Services Division FEB 2 $ 2002 Florida Department of Community Affairs Contract No. 02-RM-'2-09-21-20-010 DISASTER RELIEF FUNDING AGREEMENT This Agreement is between the State of Florida, Department of Community Affairs (the "Grantee") and, Ochopee Fire Control District (the "Subgrantee") . This Agreement is based cn the existence of the followinq conditions: Tropical Storm Gabrielle had a devastating impact upon the State of Florida. The severity of the damage and losses resulted in a declaration of emergency by the Governor in Executive Order 01-268. In consequence of Tropical Storm Gabrielle, the President of the United States declared Tropical Storm Gabrielle a major disaster in the following counties: Charlotte, Collier, DeSoto, Fiagier, Manatee, Putnam, Sarasota, St. Johns, Hardee, Highlands, and Lee. The Public Assistance Program was made available to eligible applicants in the counties of Charlotte, Collier, DeSoto, Flagler, Manatee, Putnam, Sarasota, St. Johns, Hardee, Highlands, and Lee. The Agreement between the State of Florida and the Federal Emergency Management Agency governing the use of such funds re- quires the State to share the costs eligible for federal financial assistance, and the State has undertaken to share those costs with its Subgrantees. A Budget Amendment has been prepared and is being considered to provide for the necessary funds and authority for this event. AGENDA ITEM No. , / FEB 2 $ 2002 Allowable costs shall be determined in accordance with 44 C.F.R. Under the Emergency Management Act, as amended, the Department has authority to administer federal financial assistance from the Agency consequent to a presidential declaration of disaster. Based upon the existence of the foregoing conditions, the parties agree to the following: ARTICLE I. Definitions. As used in this Agreement, the following terms shall have the following meanings unless another meaning is specified elsewhere: A. "Eligible activities" are those activities authorized in 5he FEMA-State Agreement, and in the Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93-288, as amended, 42 U.S.C. § 5121-5201; 44 C.F.R. Part 206; and applicable policies of the Federal Emergency Management Agency. B. "FEMA-State Agreement" is the agreement of October 4, 2001 between the Federal Emergency Management Agency and the e State cf Florida, for Disaster No. FEMA-1393-DR-FL. ARTICLE II. APPLICABLE Law. The parties agree to all the conditions, obligations, and duties imposed by the FEMA-State Agreement and all applicable state and federal legal requirements including, without any limitation on the generality of the fore- going, the requirements of 44 C.F.R. Parts 13 and 206, and the policies of the Federal Emergency Management Agency. ARTICLE III. FUNDIN$ and INSVRANCE. Grantee shall provide funds tc the Subgrantee for eligible activities for the projects approved by the Grantee and the Federal Emergency Management I AGENDAITEM No. t/. C'~\ Agency, as specified in the approved Project Worksheets. ~2 r ~ FEB 2 6 2002 .............. any and all projects to be funded under this Agreement where insurance is available and reasonable. Subgrantee shall provide Grantee with a certificate of such insurance as a condition to funding under this Agreement. ARTICLE IV. DUPLICATIQN OF BENEFITS PROHIBITION. Subgrantee may not receive funding under this Agreement to pay,for damage covered by insurance, nor may Subgrantee receive any other duplicate benefits under this Agreement. A. Subgrantee shall without delay advise Grantee of any insurance coverage for the damage identified on the applicable Project Worksheets and of any entitlement to compensation or =ndemnificaticn from such insurance. Subgrantee shall reimburse Grantee without delay for any duplicate benefits Subgrantee may receive from any other source for any damage identified on the applicable Project Worksheets for which Subgrantee has received payment from Grantee, to the extent of any such duplication. B. In the event that Grantee should determine that Subgrantee has received duplicate benefits, by its execution of this Agreement the Subgrantee gives Grantee or the Comptroller of the State of Florida the authority to set off the sum of any such duplicate benefits by withholding it from any other funds otherwise due and owing to Subgrantee. ARTICLE V. ~QMPLIAN~E WITH ENVIRQNMENTAL, PLA/TNINQ AND PERMITTING LAWS. Subgrantee shall be responsible for the implementation and completion of the approved projects described in the Project worksheets in a manner acceptable to Grantee, and Pa~ 4 4 FEMA-1393-DR-FL AGENDA ITEM No. ~l ~'"'_ t FEB 2 6 2002 pg .,~ in accordance with applicable legal requirements. The contract documents for any project undertaken by Subgrantee, and any land use permitted by or engaged in by Subgrantee, shall be consistent with the local government Comprehensive Plan. Subgrantee shall ensure that any development or development order complies with all applicable planning, permitting and building requirements. Subgrantee shall engage such competent engineering, building, and other technical and professional assistance at all project sites as may be needed to ensure that the project complies with the contract documents. ARTICLE VI. Required Doqumenta~iQn, Reviews, and Inspections. Subgrantee shall create and maintain documentation of work performed and costs incurred on each project identified in a Project Worksheet sufficient to permit a formal audit comporting with ordinary, customary and prudent public accounting requirements. Upon ~he failure of Subgrantee to create and maintain such documentation, Grantee may terminate further funding under this Agreement, and Subgrantee shall reimburse to Grantee all payments disbursed earlier to Subgrantee, together with any and all accrued interest. A. Subgrantee shall submit the following documentation for Large Projects (the Small Project threshold for this declaration is $50,600.00): 1. A Request for Advance or Reimbursement conforming to the sample attached tc this Agreement as Attachment A; 2. A Summary of Documentation Form conforming to the sample P~ge 5 5 FEMA-1393-DR-FL AGENDA ITEM ! No. II.C'_\ I ~ ,...u_, ,, I FEB 26 2002 i attached to this Agreement as Attachment B, which shall be supported by original documents such as contract documents, invoices, purchase orders, change orders and the like; 3. A request for final inspection; 4. A signed project Listing upon the completion of all projects; and 5. The Project Listing and Certification specified by Paragraph B of this Article. B. For all projects, Subgrantee shall state on the Project Listing and Certification that all work was performed in accordance with this Agreement and the requirements in each Project Worksheet, and shall state the date of completion. C. Grantee will inspect Small Projects by random selection, and will conduct the final inspections on Large Projects, to ensure that all work has been performed within the scope of work specified on the Project Worksheets. Costs not within the approved scope of work shall not be reimbursed. ARTICLE VII. Cos% Sharinq. The federal share of the eligible costs specified in the Project worksheets under this Agreement shall be seventy-five (75) percent of such costs and the nonfederal share shall be twenty-five (25) percent. As a condition of funding under this Agreement, the Grantee shall pay fifty (50) percent of the nonfederal share and Subgrantee shall pay the remaining fifty (50) percent. Payment of all or a specified portion of the nonfederal share of such costs is contingent upon an appropriation defining the apportionment of the P~g~ 6 FEMA-1393-DR-FL " AOEND.~ 'ITEM FFR 6 nonfederal share. Administrative costs in addition to the Project Worksheets that are otherwise eligible under 44 C.F.R. Part 206 and do not require matching funds will also be funded by the Federal Emergency Management Agency. A~RTICLE VIII. Payment of Costs. Grantee shall disburse the eligible costs to Subgrantee in accordance with the',following procedures. A. Grantee shall disburse the federal and nonfederal shares of the eligible costs for Small Projects to Subgrantee as soon as practicable after execution of this Agreement and formal notification by the Federal Emergency Management Agency of its approval of the pertinent Project Worksheet. B. Grantee shall reimburse Subgrantee for the federal and nonfederal shares of the eligible costs for Large Projects as soon as practicable after Subgrantee has delivered the following documents to Grantee: i. A Request for Advance or Reimbursement Form conforming tc the sample attached to this Agreement as Attachment A; 2. A Summary of Documentation Form conformin9 to the sample attached to this Agreement as Attachment B, which shall be supported by original documents such as contract documents, invoices, purchase orders, change orders and the like; and 3. A letter or notification certifying that the reported costs were incurred in the performance of eligible work. C. Grantee may advance funds under this Agreement to Subgrantee not exceeding the federal share if Subgrantee meets p~e ? 7 FEMA-1393-DR-FL AGENDA ITEM No. ~ ~ ,~\ FEB 2 6 2002 the following conditions: 1. Subgrantee shall demonstrate to Grantee that Subgrantee has procedures in place to ensure that funds are disbursed to project vendors, contractors, and subcontractors without unnecessary delay; 2. Subgrantee shall submit to Grantee the budget supporting 5he request; 3. Subgrantee shall submit a statement justifying the advance and the proposed use of the funds, and specifying the amount of funds requested; 4. Subgrantee shall submit a completed Request for Advance or Reimbursement Form; and 5. Subgrantee shall pay over to Grantee any interest earned on advances for remittance to the Federal Emergency Management Agency as often as practicable, and in any event not later than ten (10} business days after the close of each calendar quarter. D. Subgrantee may make improvements to the project facility in conjunction with its restoration of the facility to its predisaster condition in accordance with 44 C.F.R. Part 206 with the prior written approval of Grantee. E. In any case in which Subgrantee certifies to Grantee in writing that the restoration of a damaged public facility to its predisaster condition is not in the best interest of the public, Subgrantee may request Grantee and the Federal Emergency Management Agency to approve an alternate project in accordance with 44 C.F.R. Part 206 before the commencement of any work. P~e $ 8 FEMA-1393-DR-FL AGENDA ITEM FEB 2 2ag2 F. Grantee may, in its discretion, withhold its portion of the nonfederal share of funding under this Agreement from Subgrantee if Grantee has reason to expect a subsequent unfavorable determination by the Federal Emergency Management Agency that a previous disbursement of funds under this Agreement was improper. ARTICLE IX. F~nal Pavment. Grantee shall disburse the final payment to Subgrantee upon the performance of the following conditions: A. Subgrantee shall have completed the project; B. Subgrantee shall have submitted the documentation specified in Articles VI and VIIi cf this Agreement; C. In the case of Large Projects, the Grantee shall have performed the final inspection; D. In the case of Small Projects, the Project Listing and Certification shall have been reviewed by Grantee, or Grantee shall have performed a final inspection; and E. Subgrantee shall have requested final reimbursement. ARTICLE X. R¢~Qrds Maintenance. The funding of eligible costs under this Agreement and the performance of all other conditions shall be subject to the following requirements, in addition to such other and further requirements as may be imposed by operation of law: A. The "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments," as codified in 44 C.F.R. Part 13, as amended; Page 9 9 FEMA-1393-DR-FL AGENDA ITEM No. FEB 2 6 2002 B. Office of Management and Budget Circular No. A-87, "Cost Principles for State and Local Governments," as amended; C. Office of Management and Budget Circular No. "Uniform Administrative Requirements for Grants and Other Agree- ments with Institutions of Higher Education, Hospitals and Other Non-Profit Organizations," as amended; and D. Office of Management and Budget Circular No. A-!22, "Cost Principles for Non-Profit Organizations," as amended. E. Subgrantee will maintain all documentation concerning the projects funded under this Agreement until the occurrence cf the following events, whichever is the later: i. The completion of final inspection and final audit, and %ke final resolution of any issues identified in the same; cr 2. Tke expiration of three (3) years from the date of final disbursement under this Agreement. F. Subgrantee shall make all documentation concerning the projects funded under this Agreement available and accessible tc the Comptroller General cf the United States, the Grantee, and 5he Federal Emergency Management Agency between 8:00 a.m. and 5:00 p.m. on weekdays other than official holidays. ARTICLE XI. R¢imt~r~¢men~ of Funds. If upon final inspection, final audit, or other review by Grantee, the Federal Emergency Management Agency or other authority determines that the disbursements to Subgrantee under this Agreement exceed the eligible costs, Subgrantee shall reimburse to Grantee the sum by which the total disbursements exceed the eligible costs within Page 10 1 0 FEMA-I393-DR-FL FEB 2 6 2002 forty-five (45) days from the date Subgrantee is notified of such determination. ARTICLE XII. Audit. Subgrantee shall submit an Audit of Agreement Compliance to Grantee, and shall have an independent audit performed by a Certified Public Accountant if its total expenditures of federal financial assistance for the most recent fiscal year equal or exceed $300,000.00. A. Subgrantee will conduct the audit in accordance with the following requirements: I. The standards established by the Comptroller General of the United States, as specified in the General Accounting Office Standards for Audit of Governmental Organizations, Programs, Activities and Functions; 2. The standards established by the American Institute of Certified Public AcccunSants; 3. The requirements of §§ 11.45, 216.349, and 216.3491, Fla. Stat. (200!) , and %he Rules of the Auditor General; 4. The requirements of the Single Audit Act of 1984, Pub. L. 98-502, as amended, 31 U.S.C. §§ 7501-7507, to the extent here applicable; and 5. Office of Management and Budget Circular No. A-!33, as amended, to the extent here applicable. B. The audit shall be identified by the serial contract identification number for this Agreement. If the Subgrantee is a private nonprofit organization, it shall submit an organization- wide audit. P~ge I1 11 FEMA-1393-DR.FL FEB 2 6 20O2 C. The audit shall be due not later than seven (7) months after the close of the fiscal year for Subgrantee except where Grantee and Subgrantee have mutually agreed upon another date. D. SuJDgrantee shall conduct such additional audits as Grantee or the Federal Emergency Management Agency may determine necessary to determine the adequacy, accuracy, and reliability fo the internal procedures Subgrantee has in place to protect its assets and to ensure compliance with this Agreement. E. If this Agreement is closed out without an audit, Grantee may recover from Subgrantee any disallowed costs identified in an audit after such closeout. ARTICLE XIII. Noncompliance. If the Subgrantee violates this Agreement or any legislation, regulation, statute, rule or other legal requirement applicable to the performance of this Agreement, the Grantee may withhold any disbursement otherwise due Subgrantee for the project with respect tc which the violation has occurred until the violation is cured cr has otherwise come tc final resolution. If the violation is not cured, Grantee may terminate this Agreement and invoke its remedied under the Agreement in accordance with Articles XXI and XXV of this Agreement. ARTICLE XIV. Nondiscrimination by Contractors. Subgrantee shall undertake an active program of nondiscrimination in its administration of disaster assistance under this Agreement, in accordance with 44 C.F.R. Parts 7 and 16, and 44 C.F.R Part 206. In addition, Subgrantee shall be subject to the requirements in Page 12 12 FEMA-1393-DR-FL AGENDA ITEM FEB 2 6 002 Pg._ the General Services Administrative Consolidated List of Debarred, Suspended and Ineligible Contractors, in accordance with 44 C.F.R Part 17. ARTICLE XV. Modification. The time for performance of this Agreement may be extended once unless the failure of Subgrantee tc close out the project is caused by events beyond its control. A modification extending the time for completion of the project and any other modification shall be in writing, and shall take effect only upon execution by both parties. Modifications to any Project Worksheet to be funded under this Agreement may be requested by Subgrantee through Grantee, but the approval of any such modifications shall reside in the sole discretion of the Federal Emergency Management Agency. Any approved modification to a project Worksheet shall be noted in a Supplemental Project Worksheet for the project. If otherwise allowed under this Agreement, any extension shall be in writing and shall be subject %c: the same terms and conditions as those set out in the initial Agreement. ARTICLE XVI. Time fQr P~rfQrman~e. Time shall be cf the essence of this Agreement and of the performance of all conditions under it. Subject to any modification extending the time for the performance of this Agreement approved by Grantee or by the Federal Emergency Management Agency, the time for the performance of emergency work shall be six (6) months from the date of the Presidential Declaration. The time for the performance of per~anent work shall be eighteen (18) months from the date of the P~c 13 1 3 FEMA-I393-DR-FL FEB 2 6 2002 Presidential Declaration. For Large Projects the Summary of Documentation and the supporting documents identified in Article VI of this Agreement shall be submitted to the Grantee not later than sixty (60) days after the date of the last modification extending the Agreement. Subgrantee shall submit the completed Project Listing to Grantee not later than thirty {3~) days from the completion of all work, or the approval of the Final Inspection by the Federal Emergency Management Agency, whichever is later. The time for the performance of this Agreement may be extended for cause by Grantee. If any extension request is denied, Subgrantee shall be reimbursed for eligible project costs incurred up to the latest approved date for completion. Failure 5c complete any project will be adequate cause for the termination of funding for that project. ARTICLE XVII. ConSracts With Others. If the Subgrantee contracts with any other contractor or vendor for performance of all or any portion of the work required under this Agreement, the Subgrantee shall incorporate into its contract with such contractor or vendor an indemnification clause holding Grantee and Subgrantee harmless from liability to third parties for claims asserted under such contract. ARTICLE XVIII. TCrminatiQn. Either of the parties may 5erminate this Agreement by notice in writing delivered to the address specified in Article XXIII of this Agreement. Such termination shall take effect thirty (30) days after the date of such notice. Such termination shall not affect the rights, 14 FE~IA- 1393-DR-FL AGE,IDA ITEM FEB 2 6 2002 interests, duties or responsibilities of either of the parties or any allowable costs that have accrued as of the date of the notice of termination. ARTICLE XIX. ~ A. Grantee assumes no liability to third parties in connection with this Agreement. Unless the Subgrantee is a governmental entity covered by § 768.28(5), Fla. Stat. (2001), the Subgrantee shall be solely responsible to any and all contractors, vendors, and other parties with whom it contracts in performing this Agreement. Unless the Subgrantee is a governmental entity within the meaning of the preceding sentence, Subgrantee shall indemnify Grantee form claims asserted by to third parties in connection with the performance of this Agreement, holding Grantee and Subgrantee harmless from the same. B. For the purpose of this Agreement, the Grantee and Subgrantee agree that neither one is an employee or agent of the other, and that each one stands as an independent contractor in relation to the other. C. Nothing in this Agreement shall be construed as a waiver by Grantee or Subgrantee of any legal immunity, nor shall anything in this Agreement be construed as a consent by either of the parties to be sued by third parties in connection with any matter arising from the performance of this Agreement. D. Subgrantee represents that to the best of its knowledge any hazardous substances at its project site or sites are present in quantities within statutory and regulatory limitations, and do P~¢ 15 ] ~ FEMA-I393.DR-FL AGENDAITEM ....... FEB 2 § not require remedial action under any federal, state or local legal requirements concerning such substances. Subgrantee further represents that the presence of any such substance or any condition at the site caused by the presence of any such substance shall be addressed in accordance with all applicable legal requirements. ARTICLE XX. Reports. Subgrantee shall provide Quarterly Reports to Grantee, on the Quarterly Report Form conforming to the sample attached as Attachment C. The first Quarterly Report shall be due at such time as Subgrantee is notified. All subsequent Quarterly Reports shall be due not later than thirty (30) days after eack calendar quarter through final inspection. Quarterly Reports shal~ indicate the anticipated completion date for each ~roject, together with any other circumstances that may affect the completion date, tke scope cf work, the project costs, cr any other factors that may affect compliance with this Agreement. Interim inspections shall be scheduled by Subgrantee before 5he final inspection, and may be required by Grantee based on information supplied in the Quarterly Reports. Grantee may require additional reports as needed, and Subgrantee shall provide any additional reports requested by Grantee as soon as practicable. With respect to the Request for Advance or Keimbursement, the Summary of Documentation, and the Quarterly Reports, the contact for Grantee will be the State Public Assistance Officer. ARTICLE XXI. Standar~ CQnditiQn~. Subgrantee agrees to the 16 FEMA-1393-DR-FL AGEI~IDA j.Tf~ M No.,.,, /I ~ FEB 2 6 2002 following conditions: A. The performance and obligation of Grantee to pay under this Agreement is contingent upon an annual appropriation by the Legislature and the disbursement to Grantee of federal funding in accordance with § 252.37(4), Fla. Stat. (2001) . B. Bills for fees or other compensation for services or expenses must be submitted in detail sufficient for a proper pre- audit and post-audit. C. Grantee may terminate this Agreement for refusal by the Subgrantee and its contractors and subcontractors to allow public inspection of any records subject to the disclosure requirements in § 119.07(!), Fla. Stat. (2001), that are made cr received by Subgrantee or its contractors and subcontractors in connection with this Agreement. Substantial evidence of noncompliance by Subgrantee or its contractors and subcontractors with these requirements shall constitute the nonperformance of a condition under this Agreement, and shall be adequate cause for termination. D. Subgrantee agrees that no funds disbursed to it under this Agreement will be used for the purpose of lobbying the Legislature or any of its members, any employee of the State of Florida, any member of Congress, any officer or employee of Congress, or any employee of a Member of Congress, in connection with this Agreement or any modifications to this Agreement. E. Subgrantee certifies with respect to this Agreement that it possesses the legal authority to receive the funds. F. Subgrantee agrees that responsibility for compliance with Page 17 17 FEMA-1393-DR.Fk ASENDAITEM No. !l!f~ J FEB :?lXi2 J %his Agreement rests with the Subgrantee, and further 'agrees that noncompliance with this Agreement shall be adequate cause for the reclssicn, suspension or termination of funding under this Agreement, and may affect its eligibility for funding under future Subgrantee Agreements. ARTICLE XXII. T~rm.... This Agreement shall take effect upon ~ss execution by both parties, and shall 5erminate upon the approval of closeout by the Federal Emergency Management Agency, unless terminated earlier as specified elsewhere in this Agreemens. Subgrantee shall commence the project s) specified by %his Agreement without delay. ~q~ XXrr~ N~ice and CQnt~c~. All not~ces under this Agreement shall be :n writing and shall be delivered by InterNe%, by zelefacsimile, by hand, or by certified letter to the fcilcwing respective addresses THE GRA.Nm~U W. Craig Fuga%e Director D~visicn cf Emergency Management Department of Community Affairs 2555 Shumard Oak Blvd Tailahassee, Florida 32399-2100 james ):. Cc!ezza, Chairman Boar~ cf County Commissioners 33~! Tam~am~ T~azl East Naples, Fl. 34112 ARTICLE XXIV. pCsicnation ef AqCn%. Subgrantee hereby designates ~i~ e~t~[ ~,%[~c~ as its primary agent, and designates ~Nc~_%R ~. N~_CLLJ, as its alternate agent, execute any Request for Advance or Reimbursement, certification, or other necessary documentation. ARTICLE XXV. Events of Default, Remedies, and Termination. A. Upon the occurrence of any one or more of the follow~-ng 1 $ FE~-i393-DR-FL AGENDA ITEM L FEB 2 2002 events, all obligations of Grantee to disburse further funds under this Agreement shall terminate at the option of Grantee. Notwithstanding the preceding sentence, Grantee may at its option continue to make payments or portions of payments after the occurrence cf any one or more such events without waiving the right to exercise such remedies and without incurring liability for further payment. Grantee may at its option terminate this Agreement and any and all funding under this Agreement upon the occurrence of any one or more of ~he following: 1o Any representation by Subgrantee in this Agreement is inaccurate cr incomplete in any material respect, or Subgrantee has breached any condition of this Agreement or any previous agreement with Grantee and has not cured in timely fashion, or is unable or unwilling to meet its obligations under this Agreement. 2. Subgrantee suffers any material adverse change in its financial condition while this Agreement is in effect, as compared 50 its financial condition as represented in any reports or other documents submitted to Grantee, if Subgrantee has not cured the condition within thirty (30) days after notice in writing from Grantee; 3. Any reports required by this Agreement have not been submitted to Grantee or have been submitted with inaccurate, incomplete, or inadequate information; or 4. The monies necessary to fund this Agreement are unavailable due to any failure to appropriate or other action or inaction by Congress or the Legislature, or due to any action of P~ge 19 19 FEMA-1393-DR-FL AGENDA ITEM FEB 2 6 2002 the Office of tke Comptroller or the Office of Management and Budget. B. Upon the occurrence of any one or more of the followin~ events, Grantee may at its option ~ive notice in writing to Subgrantee to cure its failure of performance if such failure may be cured. Upon 5he failure cf Subgrantee to cure, Grantee may exercise any one or more of the following remedies: 1. Terminate this Agreement upon not less than fifteen (15) days notice of such termination by certified letter to the Subgrantee at the address specified in Article XXIII of this Agreement, such notice to ~ake effect when delivered to Subgrantee; 2. Commence a legal action for the judicial enforcement of 5his Agreement; 3. Withhold the disbursement of any payment or any portion of a payment otherwise due and payable under this Agreement or any osher Agreement with Subgrantee; and 4. Take any other remedial actions which may otherwise be available under law. C. Grantee may terminate this Agreement for any misrepresentation of any material fact, for the failure or nonperformance of any condi%ion or obligation under this Agreement, or for noncompliance with any applicable legal requirement. D. Rescission, suspension or ter~nination of this Agreement shall constitute final action by the Grantee within the meaning of p~: 20 20 FEMA-1393-DR-FL FEB 2 G 2002 the Administrative Procedure Act, as amended. Notwithstanding the preceding sentence, any deobligation of funds or other determination by the Federal Emergency Management Agency shall be addressed in accordance with the regulations of that Agency. E. Upon the rescission, suspension or termination of this Agreement, the Subgrantee shall refund to Grantee a~l funds disbursed to Subgrantee under this Agreement. F. The venue of any action or proceeding by either Grantee or Subgrantee for the enforcement of this Agreement or for an adjudication of the rights, interests, or duties of the parties to it shall lie in Leon County, State of Florida. G. Notwithstanding anything to the contrary elsewhere in this Agreement, the rescission, suspension or termination cf this Agreement by Grantee shall not relieve Subgrantee of liability to Grantee for the restitution of funds advanced to Subgrantee under this Agreement, and Grantee may set off any such funds by withholding future disbursements otherwise due Subgrantee under this Agreement or any other Agreement until such time as the exact amount of restitution due Grantee from Subgrantee is determined. In the event the Federal Emergency Management Agency should deobligate funds formerly allowed under this Agreement or under any other Agreement funded by the Agency and administered by Grantee, then Subgrantee shall immediately repay such funds to Grantee. If the Subgrantee fails to repay any such funds, then Grantee may recover the same from funding otherwise due Subgrantee in accordance with this Article. Page 21 FEMA- 1393-DR-FL FEB 2 6 2OO2 ARTICLE XXVI. A~chments. A. Ail attachments to this Agreement are incorporated into this Agreement by reference as if set out fully in the text of the Agreement itself. B. In the event of any inconsistencies between the language of this Agreement and the Attachments to it, the language of the Attachments shall be controlling, but only to the extent of such inconsistencies. C. This Agreement has the following attachments: !. Attachment A 2. Attachment B 3. Attachment C "Request for Advance or Reimbursement" "Summary of Documentation" "Quarterly Report Schedule and Instructions" P~ 22 22 FEMA- 1393-DR-FL FEB 2 6 IN WITNESS HEREOF, the this Agreement: FOR THE GRANTEE: DEPARTMENT OF COMMUNITY AFFAIRS, State of Florida, By: W, Craig Fmzate W. Craig Fugate, Director Division of Emergency Management Grantee and Subgrantee have executed FOR THE SUBGRANTEE; Ochov~ Fire Control District (Subgrantee) James N. Coletta -, (-Name)Boa~'d of County Commissioners (Signature) Cha i rrr~n (Title) (Date) ?~Iblic A~sistance Program Program Description 02-R_M-, 2-09-21-20-010 Contract Number (Date) 59-6000558 Federal Employer ID No. ?~ 23 23 FEMA- 1393-DR-FL ~'~-DERAL EM'ERGENC¥ MAI~GI:MENT ~GENC~ O M.~ NO PROJECT WORKSHEET E=,~ A~ PAPERWO~ BU~EN DISCLOSU~ NOTICE ~bttc r~mg bu~en ~r ~is ~ is ~stimat~ m average 30 min~es, ~e burd~ ~mate includes ~c ~me ~r r~ ~ng ~s~mi~s, s~h~g ~st~g ~am ~ur~, ga~g ~dm~nmi~g the n~ daa, ~d ~mptetmg ~d submi~[ng Y~ arc not r~u~ to res~nd to this coll~ion of info~adon ~less a ~lid O~ ~n~l n~ is display~ in ~e upper n~t ~ of ~e ~s. S~d ~mm~ tug.ding ~e accuracy o~the burden ~mat¢ ~d ~y suggcs~oas ~r r~ucmg ~c ~urdc~ ~fo~aaon Collations ~agem~ F~em] Em~gen~ M~a[emmt At~cy, ~00 C S~et, SW, Wash~on DC 2047~ Pa~ork E~u~[on ~o~ (3067-015 l). NOTE: ~ not sen~your ~pl~ ~rm to ~is address. ~ .... D~C~T~ON NO PROJECT NO F~PS NO DATE CATEGORY ~E~. 1393-Om FL Octo~r 4, 2001 B ~0 FACILITY WORK COMPLETE AS OF N~ 9/26/01 100 ~;~JCAN~ COUNTY Och~ Fire Cont~ Dl~n~ Collier Co. FL ~AT~ON ~T~UDE LONGITUDE 201 B~k~ Ave. N,, Ev~glaUes Ci~, FL ~139 DA~GE DESCRIPTION AND OIMEN$~NS ' Fire & revue ~emtions Uistdct wide SCOPE OFWORK )Co ~er ~n~ FI~t Man.emit D~a~ent ~w~ interior, v~umm~ ~n~ f~ fl~r, ~ean~ with di~nf~nt. ~a~ a~ ~al~ alt b~ conn~om, In~ ail plugs for ~sion. Replac~ jute b~king on the fl~r mat, re~b~ and test d~e. Wo~ O~er ~12~. W~ O~ ~12~9 - R~ d~e~s side d~r Danel. Cable fr~ windor motor to r~ulator pu)l~ apa~ Rem~ ~meKs side mar O~r panel and r~ ~n~ motor and cable to u~ m from d~r D~eKs side mar ~r ~n ncr ~e ~er ~ndow motor n~, only manual, W~ to ~ ~et~ - Repla~ ~haust manff~d and ~tine ~e~me ~st incu~d for fi~g~em. Equm~ent ~ incu~ for fi~g~tem m~onding id Tmp~l Sto~ events Due to ~e I~ ~ ~l~ater Int~on vehi~e n~s to be ~lvag~ an0 new o~e pumha~. PROJECT C~T ~ CO~ N~T~ QUA~I~ U~ PR~E COST ~ 99gg Repaim ~et~.. 1.00 / LS $~,70 . 3 ~7 ~me Eme~enw Res~ndem 1,00 / LS $813.~ $81,3.~ 4 ~ Equi~en[ i.00 / LS $1 ~0~.00 ~1 t0~,~ 5 [ 99~ Fi~Cht¢C~mandVehlde 1 00/1 $~,2~0 ~,,253,~ / $o.o0 PR~ED BY: T~LE: Fire Chi~ 90-91 REPLACE~, ALL PREVIOUS EDITIONS. A(3END.,~ITEM No. \~,~ ~r--~\ FEB 2 6 2002 1 4 5 6 7 8 9 10 1l 12 13 14 15 16 I7 18 19 2O 21 24 26 -~? 25 29 3O 3i 32 33 34 35 3o 37 38 41 42 43 44 43 46 47 48 49 5O 51 52 53 RESOLUTION NO. 02 - RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, APPROVING THE DISASTER RELIEF FUNDING AGREEMENT BETWEEN THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS AND THE OCHOPEE FIRE & RESCUE CONTROL DISTRICT W"HEREAS, the State of Florida experienced Tropical Storm Gabrielle in September, 2001;and WHEREAS, the President of the United States, through the Federal Emergency Management Agency, has made funds available for disaster relief; and WHEREAS, eleven Florida counties, including Collier County, have been included in the emergency declaration FEMA-1393-DR-FL as a result of Tropical Storm Gabrielle on September 13 & 14. 2001; and V(HEREAS, Ochopee Fire & Rescue Control District has incurred disaster related costs as the result of Tropical Storm Gabrielle; NOV,:, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that the Disaster Relief Funding Agreement attached as "Exhibit A" is hereby adopted. This Resolution adopted after motion, second and majority vote in favor of adoption this day of ,2002. BOARD OF COL.~TY COMMISSIONERS COLLIER COUNTY, FLOR/DA By: James N. Coletta, Chairman ATTEST: Dwight E. Brock, Clerk By: (Deputy Clerk) Approved as to Form and Legal Sufficiency: A~sist~t Count..- Attorney A~.ND,~ ITEM No. FEB 2 B 2002 APPROVAL OF BUDGET AMENDMENTS BCC Agenda of February 26, 2002 General (Fund 001) Agriculture Administration Budget Amendment #02-189. Other Miscellaneous Services $3,000 Reserves for Contingencies (3,000) Total: -0- Explanation: Funds are needed for public emergency of palm removal and inoculations for Lethal Yellowing outbreak in accordance with Ordinance 2000-23. AGENDA ITEM No.'-/6 &-__-~ FEB 2 COMMISSIONER REQUEST FOR APPROVAL FOR PAYMENT TO ATTEND FUNCTION(S) SERVING A VP, LID PUBLIC PURPOSE Pursuant to Resolmion No. 99-410, the Board of County Commissioners has determined that attemtan~ at the functions of ~atemal, business, environmental, educational, charitable, social, professional, trade, homeowners, ethnic, and civic associations / orgardzations serves a valid public purpose, provided that said functions reasonably relate to Collier County matters. /I / .r/'C~9 In accordance with Resolution No. 99-410, Commissioner ~eby requests that the Board of County Commissioners approve for payment by the Clerk his/her attendance at the following function / event: Function / Event: ! Public Purpose: Date ofF~ct~n / Event: Amount to be paid by the County: rosiak_n '-'"rom: ant: To: Subje~: MartinsonKathleen Monday, February 04, 2002 2:08 PM rosiak_n phone message Gina from the City of Naples called re: Laws of Life. She is at 213-1027. - No charge to anyone to attend this banquet. Write check to Riverpark Community Center $25.00. The City of Haples, ColP~r County Schools and the fi'PO 49'ers cord'uffly invite you and a guest to attend the O~ Annual La~vs of Life ~Banquet honoring students in grades 4 through 12. The banquet will be held Wednesday, ~February 13, 2002 at 6:00 p.~ (q)inner served at 6:30p. m.) Haples Reach Hotel olub House in the Pdver of Grass cballroom (across from t~e ~oteO Please BSqAp on or before q:ebruary 6, 2002 to the City Manager's Office at 213-1030 ~F N^PLF_.S, :©CUS ON 2TEKISTIC5 09:12 94!~344620 LAWS CITY GF NAPLES P~E 01 COUNTY SCHOOL BO^KD, THE SOUTHWF_~ FLORJD^ YPO ~9'mS AND ~E ~ OF NA~, THE PU~E OF ~S P~G~ ~ TO H~ ~E ~O~C PEOP~ OF O~ CO~~ FOCUS ON AND D~OP ~C~ AND ~D~AND ~ I~O~CE Of C~T~ CH~C~~ 1N ~O~G TO SUCC~-SS~ ~i~ ~O ~' succ~.~ Cl~ TIlE LAws oi: LIF~ r~CLIS ON SEVI~xl BASIC a-t~KA~STICS: I~ESPONSIBILITY SELF-DISCIPLINE Ho Es RESPECT K. INDNESS PER. SEVEKANCE F^ mNESS THE 2000-01 bws OF LiFE PI:IflGIL~,M WAS OFFF. KED TO ~D~S ~ G~E 4 ~UGH 12 WHO ,A~D PUBLIC OK PKNA~ ~OO~ ~ ~ CO~O~ BO~DA~ OF ~E C~ OF N~L~ TH~ P~~ ~ A PILOT P~G~M A~ W~ BE ~ALUA~ ~ ~E PO~IBIL~ OF B~NG ~ND~ TO ~ ~O~ ~~H~ CO~K Co~. THru 50CITHWEST PLOKIDA YI::'O THa SouTHwmT FLOR. IDA YPO 49'Ems ~s AN ORGANIZArI'ION OF BUSINF~ LEADEKS. MEMBERS ^KE ALL FOKMEK MEMBliiR.$ OF TH£ YOUNG PKF_SlDENTS' ORGANIZATION. THEIR... PURPOSE IS TO ESTABLISH A FORUM FOR. IDEA EXCHANGE, EDUCATION, AND F'F1.1OWSbI1P IN OR. DER. THAT MEMBEILS MAY CONTINUE TO ENKICH THEIR. LIVES~ EXPAND THEIK HOKIZONS~ AND PRDVIDE LEADI~KSHIP IN THF_.IK FAMILY~ BUSINESS, CIVIC, AND CULTURAL bIFF_ TH~ YPO, YOUNC PKES~D~' ORGANIZATION, IS A FORUM FOR. EDUCATION AND IDEA I~CFIANGE FOR. '7'700 CORIPOKATE PKF_SIDENTS IN RDUGHLY 7.~ COUNTRJES. YPO MEMBEKS MUST MEET CEKTA1N QUALITATIVE AND QUANTITATIVE CKI-I'EKIA, AND MUST EXHIBIT LEADF_K- SHIP QL1ALFr'IF.S W1TH A HJGH D£GR.E£ OF INTEGPdTY IN BOTH PEKSONAL AND BUSINgSS AFFAIRS. THE MOST IMPORTANT O. UALIFICATIOtq OF MEMBEKSHIP INCLUDES KEACHING AN APPRDVED TITLE (PKF. SID~'qT;, CH^ItLMAN~ CEO;/M. AN^GING-D[KECTOK; PUBLISHEP.2, HEAD PAKTN£R.) PKIOR. TO HIS/HEK 4-0TH BIR.THDAY. OTHER. QU^LPF~CAT1ONS AK£ THAT. THE BUSINESS MUST P,_~OKT $6,000,000 rN ^NNU~ ~LV.S/mKNOVF. K; $120,000,000 IN ~4Sk'TS FOR. FINAN- CIAL INSTITUTIONS OR. ~4:,000,000 1N FEES FOR..AGENCY'TYP£ BUSINESSES, AND AT LEAST 50 FULL'TIME EMPLOYEES. AZL MGMBER5 GRADUATE FR~M YPO AFTEK THEIK .50TH BIKTMDAY. THE YPO 4'9'ERS Is COMPOSED OF THESE GKAZ)UATE ,MFzMBEK5, WblO MUST BE AT LF_.AbW 49 YEAKS OF AGE. YPO's VISION STATEMENT CLAKIFIES THEIK M ~ISSION: YPO ~S COMMITTED TO THE DEVELOPMENT OF "BETTEK PKESlDENTS THRDUGH EDUCATION AND IDEA ~XCHANGE" BY PKOVIDING A CHALLENGING ENVIRONMENT WHICH PKOMOTES THE EXGI-IANGE OF IDEAS AND SHAKED EXPER. IENCES, FACILITATES THE ACQUISiTiON OF I<?,,IOWLEDGE~ THE DEVELOP~ OF WISDOM AND INSPIR. Es AND STIMULATES CONTINUAL IMPRDVEMENT OF THE INDIVIDUAL. YPO FOSTmS CONTn'4U~ lMVP, ov~,rr OF MEMBEK$~ BUSINESS D,/TEKPIkISF. S, IN THEIK PEKSONAL AND FAMILY LIVES~ AND 1N THEIR. COMMUNITY KESPON.qlBILtT1ES. YI')O PKEPAKES MEMBERS TO LEAD AND MANAGE CHANGE IN A MULTI-VALUE~ MULTI- CULTLIKAL GLOBAL. ENVIKONMENT, WHILE INTEGR.ATING THE STR. ENGTHS AND TRADITIONS OF THE PAgeT' WITH THE CHALLENGES AND OPPOR.TLINITIES OF THE FLITUKE. YPO ACTIVELY SUPPORTS TI-lOSE PR.INCIPL.ES -rH~T WILl.. FI,,IR.THEK INDIVIDUAl. ECONOMIC INCENTNE AND FK,EEDOM OF ACTION. COMMISSIONER REQUEST FOR APPROVAL FOR PAYMENT TO ATTEND FUNCTION(S) SERVING A VALID PUBLIC PURPOSE Pursuant to Resolution No. 99-410, the Board of County Commissioners has determined that attendance at the functions of fraternal, business, environmental, educational, charitable, social, professional, trade, homeowners, ethnic, and civic associations / organizations serves a valid public purpose, provided that said functions reasonably relate to Collier County matters. In accordance with Resolution No. 99-410, Commissioner Fiala hereby requests that the Board of County Commissioners approve for payment by the Clerk his/her attendance at the following function / event: Function / Event: Lincoln Day Dinner - Hosted by Collier & Lee County, Republican Executive Committee Public Purpose: To attend and interact with constituents and the Governor. Date of Function / Event: Saturday, April 13,200_.2_ Amount to be paid by the County: $100.00 Mileage: 50 miles round trip AGI-r. NDA ITEM _ NO. Mark Your-Calendar Lincoln Day Dinner Jeb Bush is guest speaker Saturday, April 13th, 2002 Hosted by: Collier County Republican Executive Committee & Lee County Republican Executive Committee Location: Three Oaks Banquet Facility in Estero ~-~,~ Cost: $100 per person Private reception and photo opportunity will be available with additional contribution COMMISSIONER REQUEST FOR APPROVAL FOR PAYMENT TO ATTEND FUNCTION(S) SERVING A VALID PUBLIC PURPOSE Pursuant to Resolution No. 99-410, the Board of County Commissioners has determined that attendance at the functions of fraternal, business, environmental, educational, charitable, social, professional, trade, homeowners, ethnic, and civic associations / organizations serves a valid public purpose, provided that said functions reasonably relate to Collier County matters. In accordance with Resolution No. 99410, Commissioner Jim Coletta hereby requests that the Board of County Commissioners approve for payment by the Clerk his/her attendance at the following function / event: Function / Event: Inaugural Gathering for the Friends of the Library/at the New North Regional Library Public Purpose: To represent Collier County to the Friends of the Library who have so graciously donated money to the Library over the years and meet the honored guests who have worked to make our new library a reality_ Date of Function / Event: February 28, 2002 at 8:00 p.m. Amount to tm paid by the County: $~o.oo Mileage: RIEND5 OF THE LIBRARY of COWER COUNTY INC. P.O. BOX 2.921 N~ptes, Flori,'~ 34106 941 262-8135 .rauuar~ 1 l, Honm'-~l~ J{.,~ Coletta Bd. of Cmy. Camm~.~ianers 330I T,,m~{ Trail E., B~ F N~I~ ~ 34103 Deal: ~le Coletta You are invited to a private i-=-g~ral gathering for the Friends of the Library al the uew North Regional Libraz~ on Thumiay, Februa~ 28, at 8:00 P. M. Your donation o£a minimum of $50 per pemm will includ~ you among the celebrants who will tour the facilities, enjoy r~~ and pe~onally meet'the honored guests who have worked to mak~ our new lib,'~uy a frailty. Thc official grand open/nE celcbz~;;on will be March 1, 2002. .~mada. member of the Friends, your dedication and ffmancial help have c our work possfblc. We want to recognize and thank you for supporting our programs. To respond to this invitation and be included on the limited guest list, please mail your check n~ later than 5 February, 2002, to thc Friends of thc Library, P. O. Box 2921, Naples, Florida 34106, indicating that this contribution is fur alXendanc¢ at the February 28, 2002, special We hopc we will see you there, to share the satisfaCtion.of a job well done as well as thc swcc~ anticipation of great thing~ to come. Jay Woiff~ ~de~t Fficads of the ~y BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE February 26, 2002 Board Meeting FOR BOARD ACTION: 1. Satisfaction of Lien: NEED MOTION authorizing the Chairman to sign Satisfaction of Lien for Services of the Public Defender for Case Nos.: C1K020130-12 RECOMMEND APPROVAL. A. CIerk of Courts: Submitted for public record, pursuant to Florida Statutes, Chapter 136.06(I), the disbursements for the Board of County Commissioners for the period: 1. Disbursements for January 25, 2002 through February 1, 2002_. 2. Disbursements for February 2, 2002 through February 8, 2002. t3. Districts: 1. Ochopee Fire Control District Advisory Board - Meeting Minutes for October Ist, 2001; January 7, 2002 C. Minutes: 1. Bayshore/Gateway Triangle Advisory Board - Minutes of November 8, 2001, Minutes of August 21, 2001, Agenda for February 7, 2002 2. Collier County Water & Wastewater Authority - Minutes of October 23, 2000. 3. Forest Lakes Roadway and Drainage M.S.T.U. Advisory Committee - Minutes of January 11, 2002; Minutes of January 11, 2002. 4. Community Character/Smart Growth Advisory Committee - Agenda for December 5, 2001; Minutes of December 5, 2001 5. Golden Gate Estates Land Trust Committee - Minutes of December 11, 2000; February 26, 2001; April 23, 2001; August 13.2001 and October 22, 2001. 6. Health and Human Services Advisory Committee - Agenda for December 20, 2001, Minutes of November 29, 2001. 7. Pelican Bay MSTBU Advisory Committee - Agenda for January 2~ 2002~ Minutes of Januarv 2, 2002. AGENOA J.~EH No. l,I ?]! H :Data/Format FEB 2 6 2002 a) Clam Bay Sub-Committee - Agenda for February 4, 2002 8. Workforce Housing Committee - Agenda for November 16, 2000: Meeting Notice for Workforce Housing Committee - December 14, 2000, Minutes of December 14, 2000, blotice of Meeting January 17, 2001, Minutes of January 18, 2001, Special Meeting Notice for February 6, 2001, Notice for February 15,2001, Notice of Meeting for March 15, 2001, Minutes of March 15, 200I, Notice of Meeting for April 19, 2001, Notice of Meeting for April 5, 2001, Meeting Notice for May 9, 2001, Meeting Notice for June 21, 2001, Meeting Notice for July 19, 2001, Meeting Notice of October 18, 200 I, Meeting Notice for November 15, 2001. 9. Enterprise Zone Development Agency - Minutes of November 29, 2001, Minutes of January 24, 2002 10. Collier County Library Advisory Board - Agenda for January 23, 2002 11. 1-75/Golden Gate Interchange - Agenda for January 30.2002. Minutes of December 12, 2001. 12. Workforce Housing Advisory Committee - Agenda for February 4, 2002. Minutes of January 7, 2002 13. Environmental Advisory Council - Agenda February 6, 2002. Minutes of December 5, 2001. 14. Vanderbilt Beach M.S.T.U. - Agenda for February 7, 2002. Minutes of January 10, 2002. 15. Collier County Planning Commission - Agenda for February 7, 2002. 16. Collier County Hispanic Affairs Advisory Board - Agenda for January 31, 2002. 17. Golden Gate Beautification Advisory Committee - Agenda for February 12, 2002, Minutes of January 8, 2001 18. Coastal Advisory Committee-Minutes of November 1,2001, December 6, 2001 and January 11, 2002 19. Collier County Code Enforcement Board - Agenda for December 17, 2001, Minutes of December 17, 2001, November 29, 2001, Minutes of November 29, 2001. H:DataYFormat EXECUTIVE'SUMMARY AUTHORIZE AN AMENDMENT TO THE AGREEMENT WITH .THE CiTY OF NAPLES FOR ELECTION SERVICES. OBJECTIVE: To authorize an amendment to the agreement for election services for the February 5, 2002 City of Naples Council Election. The agreement is among the Collier County Board of Commissioners as owners of the voting and ballot tabulation equipment, and the Collier County Supervisor of Elections as custodian of the County's voting and ballot tabulation equipment and the City of Naples. CONSIDERATIONS: The City of Naples conducts their own election, however, per FS101.36, authority is hereby granted to the board of county commissioners of any county that has adopted voting machines or electronic or electromechanical voting to permit mUnicipalities within the county to use count>' owned voting machines or devices and to permit public agencies, private organizations, and others to use such machines or devices on a rental basis, upon such times and conditions as the board may determine. The agreement identifies the equipment and services to be provided for the election to be held February. 5, 2002. This amendment is required because subsequent to the approval of the original agreement, it was determined that the services of the Election's office staff would be needed. In the amended agreement, item 14, the City will pay directly to the Supervisor of Elections all costs for programming, on-site election support, and any repairs required as a result of the City's use. Item 22 of the original agreement was deleted as this item stated that the Supervisor of Elections or staff would not provide service or support during the City's election. Item 23 of the amended agreement allows the Supervisor of Elections and staff to program the system tbr ballot tabulation. The Supervisor of Elections and staff shall load the election specific ballot tabulation software onto the County's equipment between 8 a.m. and 9 a.m. no later than the Tuesday, one week prior to the election. In item 36. the City shall now pay to the Supervisor of Elections the actual costs of any expenditure required by the City's election and paid by the Supervisor of Elections. FISCAL IMPACT: The fee shall be $50.00 per voting unit ($50 x 120 units = $6,000). The fee shall be paid to the Supervisor no less than 45 days prior to Election Day. This fee has been received by the Election's office and deposited into the Board's General Fund account. If the actual election costs exceed the amount of the fee. the City shall pay the Supervisor's bill within 10 calendar days of its receipt. The rates for the Supervisors bill shall be actual costs associated with the Election. AGENDA ITEM FEB 2 6 2.002 GROWTH MANAGEMENT IMPACr: None RECOMMENDATION: That the Collier County Board of Commissioners authorize' the Chairm ~.an~t,o--- x sign the amcnd~ed agr,eement fo~election services. i~ ~ ~ i ,,' APPROVED BY: ''~4~"/ .~//~-~'~ /jl~nnifer J:///~d~l~rds t/Supervis~ ol/Elections AGENDA ITEM No. la ,,~ I FEB 2 ~ 2002 AGREEMENT FOR ELECTION SERVICES By and Among the City of Naples, Collier County and the Supervisor of Elections This Agreement for Election Services (Agreement) is for ~ February ,5, 2002 city council election and is by and among the City of Naples (City), Collier County by and through the Collier County Board of County Commissioners as owners of the County's voting and ballot tabulation equipment, and the Collier County Supervisor of Elections (Supervisor) as custodian of the County's voting and ballot tabulation equipment. VVITNESSETH In consideration of the premises and covenants set out below, and for $10 and other valuable considerations in hand received by the County and the City, it is hereby acknowlectged and agreed by the parties hereto as follows: 1. The City acknowledges that only the Florida Const~ution and the Florida Legislature may confer jurisdiction on the Board of County Commissioners and the Supervisor of Elections through various legislative enactments. Jurisdiction cannot be conferred by agreement, consent, waiver, or other voluntary act or involuntary act since jurisdiction is established solely by general law. 2. Section 97'.021(7), Flodda Statutes, provides the definition for "election" used throughout the election code and by definition, those elections for which the County and Supervisor are responsible. The City acknowledges that such definition does not include municipal elections. 3. Under the terms of the City Charter, the City is responsible for the conduct of all its municipal elections except when the City chooses to call a special election to be held by mail ballot. Such an election is subject to a separate Agreement for Services. 4. The home rule powers granted to cities by the Florida Constitution provide for the conduct of the February 5, 2002 City council election under the City Charter. 5. To facilitate the City's conduct of its February 5, 2002 election, the Supervisor of Elections shall do those items enumerated in Exhibit A identified as §19.1, Security Procedures for Stand Alone Municipal Elections of Collier County. 6. The City shall provide to the Supervisor of Elections and the Florida Attorney General a copy of the City's letter of submission and response to and from the U.S. Department of Justice relative to any changes which the City makes relative to polling site locations or any applicable charter amendment referendum questions. Such copy shall be provided no later than 5:00 p.m. on the fourth day preceding the election. 7. Subject to the terms of this Agreement, the County agrees to lease the following items to the City for use at the polls in its election: -120 -120 ·120 ·120 · 20 · 20 · 20 · 20 · 20 Voting booths, ELS or equivalent self-contained Model 5 aluminum 228 position vote recorders and templates Magnifying lens attached to the stylus chain Voting Stylus - o~e per booth\ extras to be provided Handicapped stylus - one per precinct Demonstration vote recorders Ballot Boxes and ballot box tables Ballot Box padlocks and keys Long-stub Ballot Transfer Cases, aluminum AGENDA iTEM No_ I FEB ? 2002 · 20 Precinct Signs with mounting assembly · Precinct directional street signs and mounting assembly additional signs for 660 and 661 · 20 Precinct file caddy and supplies · 20 Amedcan Flags · 20 Flag Poles · 20 Vote Here Alphabet Card sets · 20 Alphabet card holders and assembly · Disabled Access Ramps only if precincts used match that for which the County had constructed a ramp · Laptop computer for each precinct 8. The City shall contract for and acquire all consumable supplies used in the election directly from the Vendor. The City shall contract for and acquire ballot cards which conform to the standards provided by administrative rules adopted by the state. Consumable supplies are those which may be used once. 9. The City shall arrange for the voting equipment preparation to occur between the hours of 8:30 a.m. and 4:30 p.m. on Thursday and/or Fdday preceding the election date. 10. The City shall arrange to have the voting equipment supplies picked up from the Elections Warehouse at 8:15 a.m. on the Monday preceding election day. 11. No later than the third day following the election, the City shall check or clean out the equipment to insure that no City election supplies remain in the file caddy, the ballot boxes, transfer cases, or voting units - either used or unused. 12. The City shall remove the masks and ballot pages from the voting machines and identify them for their records retention. 13. No later than 5:00 p.m. of the Fdday immediately following the election, the City shall remove its supplies - both used and unused - and transfer them to the City's own storage facility. 14. The City shall use the County's certified tabulating systems, as certified for use after July 1, 1993 under the new state standards, and pay directly to the Supervisor of Elections all costs for programming, on-site election support, and any repairs required as a result of the City's use. 15. Nothing in this Agreement shall be construed to require the County or the Supervisor to provide the setup of equipment for use by the City. 16. This Agreement shall be construed to require the County or the Supervisor to provide all oaths, forms, and training materials to the City's Poilworkers, Clerks and Oath Persons. 17. Nothing in this Agreement shall be construed to infer that the County or the Supervisor interpreted the provisions of the City's charter or interfered in any way with the City's exercise of its home rule powers pursuant to the conduct of the City election. 18. Nothing in this Agreement shall require the County or the Supervisor to arrange for the acquisition or construction of additional equipment for use by the City at its poll sites should such equipment not already be in the County's inventory for that sl~ecific poll site facility. 19. Nothing in this Agreement shall be construed to require the County or the Supervisor to arrange for the installation and delivery and pickup of voting machines or equipment to the City or to the poll sites for use on election day. AGENDA ITEM No. /~-/'i' I 20. Nothing in this Agreement shall be construed to require the County or the Supervisor to arrange for or acquire any supplies for use by the City for either the voting equipment or at the polls. 21. Neither the C~unty nor the Supen,-isar shall be held ~e far equipment needs not cor,~a~ned within this Agreement There shall be no last minute adjustments to this Agreement for equipment or c~nsumable supplies. 22. Subject to the terms of this Agreement, the County agrees to lease to the City the ballot tabulation equipment components enumerated herein: · A Novell 3.2 file server with monitor and keyboard · A HP Laser Jet 5 printer;, · A "host" Pen~um 3 with monitor, keyboard · Three F & C M1000N card readem; · All existing cabling and power cords; · Current county configured and attached Best UPS Systems; · Three remote Pentium 3 work stations with monitors and keyboards. 23. The County agrees to lease the foregoing ballot tabulation equipment to the City subject to the following additional conditions: · The City shall utilize the services of the staff of the Supervisor of Elections to program the system for ballot tabulation of the city election; · The City shall not remove the ballot tabulation equipment from the Collier County Government Center where it is in the Supervisor's custody or take any action which would jeopardize the security of the system or interrupt the custody chain. · The City shall conduct its Logic & Accuracy Test at 9:00 a.m. on Tuesday, one week prior to the election. · The City shall arrange for the Supervisor of Elections staff to load the election-specific ballot tabulation software onto the County's equipment between the hours of 8 a.m. and 9 a.m. no later than Tuesday, one week before the election. · The City shall arrange for storage of its copy of the ballot tabulation program at a site other than the Collier County Government Center. · The City's failure to comply with any of these provisions as determined by the Supervisor of Elections shall invalidate this Agreement except for paragraphs 33 and 34 since such action would have implications for subsequent County elections. 24. The Supervisor~s office shall be and is solely responsible for the content and format of any affidavits and training materials used in the course of its election. 25. The Supervisor shall be responsible for any training of City's election workers, and the development of its training matarials. The City shall be liable for all actions taken by the City's poll workers dudng the course of its election day. 26. The City shall be responsible for all activity relating to any absentee ballots it chooses to provide voters for its election - including processing requests; addressing absentee envelopes; verification of voter signatures; and providing lists of absentee voters to city candidates subject to the oath requirements of §98.095, Florida Statutes, being filed with and authorized by the Supewisor of Elections. 27. ~ the sole exception of the voter regi=[~ation book closing advertisement, the City shall run proper bilingual advertisements for required election notices in a newspaper of general circulation within the county. AGENDA ITEM No. .3 28. The City shall provide the necessary training and personnel on election day to verify absentee voter signatures, open absentee ballots and prepare the voted ballots for actual tabulation. Such work shall be conducted under the rules established by the City Canvassing Board. 29. Except for precinct registers, the City shall be responsible for retention of all election materials and for records destruction once 22 months have lapsed per the Voting Rights Act time frame. 30. With the exception of activities relating directly to the Supervisor's determinations regarding voter registration and eligibility and to the extent permitted by law, the City shall pay for the Supervisor's selection of defense counsel and indemnify and hold harmless the County, the Supervisor of Elections, their officers, agents, and employees, from and against any and all actions, in law or in equity, from liability or claims for damages, injuries, losses, and expenses including attorney's fees, to any person or property which may result now or in the future from City's activities associated with this City election, arising out of or resulting from any and all acts of omission or commission relating to the City's election or the City's responsibility under this Agreement. Further, to the extent permitted by law, the City shall pay for the Supervisor's selection of defense counsel and indemnify and hold harmless the County, the Supervisor of Elections, their officers, agents and employees, from and against any and all actions, in law or in equity, from liability or claims for damages, injuries, losses, and expenses, to any person or persons authorized by the City, its employees, or agents to participate in the City election when not otherwise eligible or from events relating expressly to City election activ:~y. 31. All costs, including attorney's fees and court costs, shall be paid by the City for. a. litigation involving payment due to the County or Supervisor and for collection for any judgment recorded against the City, or b. litigation involving the City's election whether brought by an elector, the U.S. Department of Justice, or others. 32. The Supervisor or her staff shall prepare and advertise bilingually the voter registration book closing in accordance with general law and obtain an Affidavit of Publication for same. Said advertisement shall subsequently be billed to the City which shall be responsible for payment. 33. To lease voting units, ballot boxes, and other supplies listed within this contract, the fee shall be $50 per voting unit ($50 x 120 units = $6,000). The fee shall cover replacement parts and shipping necessary to repair any damages to the County's voting unit or equipment leased to the City. In the event the cost of such replacement parts exceeds the amount of the fee, the City shall reimburse the County for the difference. The fee shall be paid to the Supervisor no less than 45 days prior to election day. 34. W~hin 10 calendar days of the city election date, the City shall provide any replacement parts or equipment that were lost, stolen, or damaged while in the City's possession. 35. If the Supervisor's actual City election costs exceed the amount of the fee, the City shall pay the Supervisor's bill within ten calendar days of its receipt. Rates for the Supervisor's bill shall be actual costs associated with the following: · computer sort time at the rate of $75 per sort · computer pdnting at the rate of $.15 per page · computer pdnfing at the rate of $.27 per page · actual costs of advertising the voter registration book closing; · actual staff labor costs for work unique and peculiar tD the City's election; · actual records retention storage costs at the rate of $.25 per cubic foot of 4 AGENDA~' No. materml kept 22 months; · actual costs of containers used to store election related materials (~ $5.50/box; · $.34 for postage on #10 envelopes, or current rate; · $2.32 for certified mail postage, or current rate; -$.0125 per page of county Precinct Register paper used (does not inclu~te data processing sorts or printing costs); °$.032 per page of letterhead stationery or current cost;, · $.0328 per #10 letterhead envelope or current cost; · $.0348 per #10. window letterhead envelope or current cost;, · $.11 per purchase order or current cost; °$.082 per voucher check or current cost; °$. 15 per page for 8.5" x 11" or 8.5" x 14" copies; · $.20 per page for duplexed copies; °$1.00 per page for cerl~ed copies of available public records; o$15.00 labor costs for each page of letters or documents produced; · actual cost of any expenditures required by the City's election and pard by the Supervisor. 36. Notwithstanding ail provisions for payment set forth in this Agreement, Section 101.002(2), Flodda Statutes, provides that the City shall be responsible for all costs associated with manpower, equipment, postage, and any other City election costs as enumerated in Section 97.021 (8), (9) Flodda Statutes, whether or not specifically set forth in this Agreement. 37. Nothing in this Agreement relieves the City of its responsibility to develop security procedures for its election. The County and Supervisor of Elections responsibility for security regarding the City's election are limited to those items contained in the attached Exhibit A. 38. The County and the Supervisor of Elections has no liability for costs or expenses or other liability incurred by the City in preparation for this election should the U.S. Department of Justice note an objection in its response to the City Manager's request. Further, should there be a response noting an objection which would delay or prohibit the conduct of the election, the City is not relieved of any related financial obligation owed to the County and Supervisor arising from fees, goods and services, or other costs and expenses whether or not specifically set forth in this Agreement, incurred by the Supervisor up to the time the City notifies the Supervisor in writing of the Department of Justice objection. 39. The City shall obtain an insurance policy which shall name the County as additionally insured or agree to provide coverage through the City's seE-insurance and shall assure that the County will have no financial obligation which includes the City's responsibility for paying any deductible for any damages to the County's voting and ballot tabulating equipment and systems used in a City election. The City shall provide the County with a Certificate of Insurance for said coverage o__r a resolution indicating such coverage under the City's self-insurance program. 40. In the event there is an election protest, contest, or sequestration order adsing from the City's election involving any component of the County's voting system and/or equipment which would preclude its further use until the matter has been resolved by the courts and the County has an election scheduled where the equipment must be used, the City shall make a $25,000 security deposit to Collier County within four calendar days of the issuance of the sequestration order for the tabulation component and an additional $25,000 if voting units are involved. The unused balance on the security deposit shall be returned to the City when the legal matter has been resolved. 41. The City shall arrange for candidates, candidate supporters, and members of the press to congregate and await election results in some publicly accessible meeting area such as th~_. County Commission meeting room, City Hall, or other comparable location. Candidates only ma~ be given tours of parts of the secured areas of the Electiens Office. The City Canvassing Board~ t AGENDA IT ,,f ] its precinct election workers, its election night workers, and the Elections employee designated with custodial supervision of the facility for the day will be admitted to the secured area for processing. 42. This Agreement shall be valid only for the City election held February 5, 2002. 44. In the event any part of this Agreement is determined to be unenforceable by a court of competent jurisdiction, said ruling shall not invalidate the remaining parts of the Agreement. IN WITNESS WHEREOF, the parties hereto authorize this Agreement, consisting of six consecutively numbered pages plus a one page "Exhibit A" attachment, and affix their hand and seal this day of , 2002 by the Naples City Council and this ~ day of Supervisor of Elections. , 2002 by the Collier County Board of County Commissioners and ATTEST: Dwight E. Brock, Clerk Collier County Board of Commissioners Approved as to form and legal sufficiency for the County: Chief ,~i~t County Attorney James N. Coletta, Chairman Supervisor of Elections ATTEST: City of Naples Tara Norman, Naples City Clerk Bonnie MacKenzie, Mayor Approved as to form and legal sufficiency for the City: Naples City Attorney AGENDA TEM FEB 200 Exhibit A Collier County, Florida §19.1 SECURITY PRQCE~JRES far Stand Alone Municipal (not scheduled concurrently MIh st~e~county dates or mail ballot elections) 1. The Elections Office will advertise the registration book closing. 2. The Elections office will provide the City with a precinct by precinct demographics report within seven days of registration book dosing. 3. On the 6th day preceding election day, the Elections Office will run the computer sort to produce precinct registers for use by the City (not required for mail ballot election). 4. On the 4th day preceding election day, the Elections Office shall detiver the precinct register(s) to the City Clerk no later than 5:30 p.m. (not required for mail ballot election). 5. If the City leases the County's voting equipment (not supplies), permission must be obtained from both the Board of County Commissioners and the Supervisor of Elections for each election date per F.S. 101.36. The City shall provide the County with an itemized list of requested equipment no less than 45 days pdor to election day. The County shall not be required to provide equipment it does not have nor shall it be required to provide all equipment requested. 6. If authorized by the County, the City shall arrange to pick up the leased equipment, prepare it for use in its election, and deliver it to their polling place(s). 7. The City shall return leased County equipment to the Elections Office the day after the election. The equipment shall be in the same condition as when it was received by the city. 8. If the City issues absentee ballots, the Elections Office will, prior to the canvass of votes, provide the City with records access for their verification of voter signatures on absentee ballots brought to the Elections Office by the City. 9. No later than the 2nd day after the election, the City shall deliver to the Elections Office the precinct register(s) organized in ascending precinct order. No later than the 3rd day after the election, the City shall deliver to the Elections Office, the voter affidavits organized in alphabetical order for use to the Elections Office in updating elector records. 10. If the City leases the County's ballot tabulation system, only the Supervisor of Elections security procedures for building and system access shall apply. The City shall be responsible for all other security measures for its procedures and supplies. 11. The Elections Office shall retain the precinct register(s) for twenty-two (22) months and then shall seek Bureau of Archives authorization for destruction. Revised September 2001 AGENDA ITEM No. /c ~ I FEB 2 6 2O02 EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD RATIFY AND AUTHORIZE THE COUNTY ATTORNEY'S RETENTION OF EXPERT WITNESSES/CONSULTANTS/OUTSIDE COUNSEL FOR THE COUNTY IN AQUAPORT, LC V. COLLIER COUNTY, CASE NO. 2:01-CV-341-FTM-29DNF IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA, EXEMPT THE COUNTY ATTORNEY FROM THE PURCHASING POLICY IF AND TO THE EXTENT THE PURCHASING POLICY IS APPLICABLE AND AUTHORIZE THE CHAIRMAN TO SIGN ANY NECESSARY RETENTION DOCUMENTS. OBJECTIVE: For the Board to ratify and authorize the County Attorney's retention of expert witnesses/consultants/outside counsel to research and, as necessary and appropriate, provide testimony in regard to real property, land use, and appraisal/damages issues in Aquaport, LC v. Collier County, Case No. 2:01-CV-341-FTM-29DNF in the United States District Court for the Middle District of Florida, and exempt the County Attorney from the Purchasing Policy, if and to the extent the Purchasing Policy is applicable, and authorize the Chairman to sign any necessary retention documents. CONSIDERATIONS: In the case of Aquaport, LC v. Collier Count),, Case No. 2:01-CV-341- FTM-29DNF in the United States District Court for the Middle District of Florida, plaintiffs have alleged the County wrongfully revoked Site Development Plan 2000~108 for a 10 story, 68 room hotel. The damages claimed by plaintiffs in this case allegedly equal or exceed $20,000,000.00. Expert disclosures in this case are due April 15, 2002. Because of the extreme urgency of these matters and in the best interests of the County, the County Attorney Office recommends that the Board exempt it from following any potentially applicable Purchasing Policy procedures. At this time, the County Attorney Office recommends that the Board ratify and authorize its retention of the following expert witnesses/consultants/outside counsel: 1) Michael Bedke, Esq., of the firm Piper, Marbury, Rudnick & Wolfe to research and, as necessary and appropriate, provide testimony in regard to real property issues; 2) Ethel Hammer, a principal in the urban planning services firm of Engelhardt, Hammer & Associates to research and as necessary and appropriate, provide testimony in regard to land use issues; and, 3) Woodrow Hanson, MAI, of Integra Hanson Consulting, to research and, as necessary and appropriate, provide testimony in regard to appraisals and damages. Mr. Bedke is an attorney with significant experience in real estate law and is the leader of his firm's real estate practice in Florida. He is a frequent author and lecturer on real estate topics. Ms. Hammer is an expert in the area of land use planning and public administration. She has over twenty-six years of experience in land use planning, and for the past eight years, has been President of the largest land use planning firm in the Tampa Bay area. Mr. Hanson is the Managing Director of Integra Hanson Consulting. Mr. Hanson has been an independent appraiser since 1979 and holds several certifications pertaining to real estate appraisals. FISCAL IMPACT: Mr. Bedke's current hourly rate is $395.00 per hour. However, he has indicated that he will discount that rate to $300.00 per hour. In addition, Mr. Bedke has indicated ' "' ~: ...... cd his that, in an attempt to reduce the cost of his services to Collier County I FEB 2 6 2002 Pg._ work to other lawyers or other personnel in the office who are under his supervision and have a lower hourly rate. Ms. Hammer's current hourly rate for government clients is $155.00 per hour. She has indicated that this is a lower rate than is charged to private sector clients. Mr. Hanson's current hourly rate is $190.00 per hour. A substantial number of hours are likely to be incurred. The costs for these fees will at this time be paid from the Property and Casualty Fund No. 516-: GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: Recommendation that the Board ratify and authorize the County Attorney's retention of expert witnesses/consultants/outside counsel for the County in Aquaport, LC v. Collier County, Case No. 2:01-CV-341-FrM-29DNF in the United States District Court for the Middle District of Florida; exempt the County Attorney from the Purchasing Policy if and to the extent the Purchasing Policy is applicable and authorize the Chairman to sign any necessary retention documents. Michael W. Pettit, Assistant County Attorney DATE: REVIEWED BY: .l~lker, Director, Employee Services DATE: APPROVED BY: ,(/.0 15~vih-c-. '~ige~,'Co-unty At~ey DATE: AGENDA NO.L(~.H~/- ' FEE! 2 6 2O02 EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE THE RESOLUTION OF A POTENTIAL LIEN BY THE SOCIAL SERVICES DEPARTMENT OF COLLIER COUNTY AGAINST WANDA HENSLEY BY WAY OF ACCEPTANCE OF THE SUM OF FIFTEEN HUNDRED DOLLARS ($1,500) FROM WANDA HENSLEY AND IN RETURN COLLIER COUNTY WOULD RELEASE ALL CLAIMS AGAINST WANDA HENSLEY FOR PAYMENT OF MEDICAL SERVICES PROVIDED ON BEHALF OF WANDA HENSLEY UP TO AND INCLUDING JULY 1999 BUT NOT SUBSEQUENT THERETO. OBJECTIVE: That the Board of County Commissioners approve the resolution of a potential lien by the Social Services Department of Collier County against Wanda Hensley by way of acceptance of the sum of Fifteen Hundred Dollars ($1,500) from Wanda Hensley and in return Collier County would release all claims against Wanda Hensley for payment of medical services provided on behalf of Wanda Hensley up to and including July 1999 but not subsequent thereto. CONSIDERATIONS: On June 2, 1998, Wanda Hensley requested the Social Services Department to "help with medical" bills for her "anal cancer". The Social Services Department did, in fact, help her with her bills from approximately June of 1998 through July of 1999. There were total payments of bills of approximately Twenty Three Thousand and Nine Hundred Dollars ($23,900). On July 13, 1998, while being treated for her medical condition, Ms. Hensley received an overdose of chemotherapy by a nurse. Ms. Hensley, through counsel, has pursued a claim for damages as a result of the overdose. The information recently provided to the County Attorney's Office indicates that, although the overdose was not ordered by the doctor, the results of the overdose as to Hensley's condition is undiagnosable by any physician. In fact, no physician will give an opinion, with reasonable medical probability, as to whether or not the overdose had a deleterious effect on her. Therefore, her attorney can make a "token" settlement of her claim if the issue of a lien by the Social Services Department of Collier County can be resolved. Under the appropriate Florida Statutes, Medicaid could impose a lien upon a settlement or award but, since this was money from the Social Services Department which is not Medicaid, there does not seem to be any statutory lien that the Social Services Department may have against Ms. Hensley. Moreover, the information with regards to the treatment she received is such that the dates of the treatment do not seem to be in reasonable proximity to July 13, 1998 so as to allow the County to determine, with reasonable medical probability, that the overdose of chemotherapy was responsible for any medical costs. [' .... ~i~-?~ ~'.'~?.~ Lastly, the information available leads me to believe that even if Ms. Hensley were to go to trial on her claim of the overdose, it is more likely than not going to result in a verdict of a minimal amount, at best, since there is no opinion with medical reasonable probability that the overdose exacerbated or in any way had a deleterious effect on the outcome of her treatment. Even though liability may be obvious, since there are no potential damages, the results would more likely than not be minimal on the part of Ms. Hensley. Therefore, the acceptance of Fifteen Hundred Dollars ($1,500), at this time, is cost effective since the chances are more likely than not that, if this matter goes to trial in the underlying litigation, Collier County would receive nothing. GROWTH MANAGEMENT IMPACT:. None FISCAL IMPACT: Fifteen Hundred Dollars ($1,500) additional monies for Collier County. RECOMMENDATIONS: That the Board of County Commissioners approves the acceptance of Fifteen Hundred Dollars ($1,500) with the principal terms set forth in this Executive Summary and authorizes the Chairman of the Board of County Commissioners to execute all necessary settlement documents. Prepared by: William E. Mountford -~)~r Assistant County Attorney Date: Reviewed and Approved by: David C. Weigel, County Att y Reviewed and Approved?y: Barry Willia~ns, Director Collier Couhty Social Services Date: H:~blicXLitigafion\Open Cas~s~-lensley v. CCSExecutive Summary.doc EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD APPROVE AMENDMENT NUMBER 4 TO THE LEGAL SERVICES AGREEMENT WITH THE LAW FIRM OF CARLTON, FIELDS, WARD, EMMANUEL, SMITH & CUTLER, P.A. OBJECTIVE: The Board approve Amendment Number 4 to Legal Services Agreement with the Law Firm of Carlton, Fields, Ward, Emmanuel, Smith & Cutler, P.A. to provide for additional attorneys to be utilized on the various issues the firm advises the County. CONSIDERATIONS: On April 11, 2000, the Board directed the County Attorney to retain the services of Carlton, Fields to assist the Office of the County Attorney with land use - related lawsuits and other real property issues. Attached for the Board's approval is Amendment Number 4 to Legal Services Agreement with the law firm of Carlton, Fields, Ward, Emmanuel, Smith & Cutler, P.A., ("Carlton, Fields"). The amendment does not address any specific project or assignment, but rather sets forth the criteria under which payment will be made when services are requested. The rates charged by the law firm vary, as with any law firm, depending upon the attorney working on the matter and the other resources that are necessary to provide the County with the services it requests. The amendment to the contract reflects that attorney Ruth Kinsolving of the firm will charge at a rate of $300.00 per hour. FISCAL IMPACT: The approval and execution of the attached continuing retention agreement has no fiscal impact in and of itself but there will be a fiscal impact in accordance with the terms and conditions of such contract, upon the County's request for legal services. Such fiscal impact will be determined on an hourly basis at the rate of the attorney working on the request or project and will include appropriate reimbursable expenses including travel and per diem expenses in accordance with Section 112.061, Florida Statutes. Community Development Fund 111 will be utilized. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board approve and authorize the Chairman to execute the attached Amendment Number 4 to Legal Services Agreement with the law firm of Carlton, Fields, Ward, ETnmanuel, Smith & Cutler, P.A. for specialized legal services requested on an as- needed basis. Additionally, direct the Clerk to pay all invoices at this rate for work performed previously. Approved by: I~avi~ C. Weigel" ~ County Attorney Date AGENDA ITE~ NO. I o£ FEB 2 6 2002 Fi. J AMEbtI~ME~ #4 TO LEGAL SERVICES AG~I~IT THIS AMENDMENT TO LEGAL SERVICES AGREEMENT made this 31 s~ day of July 2001, betw~-~m tl~ Board of County Cu,.-.~i,~ione~s, (the "County"), and thc law firm of Carlton, Fields, Ward, Emmanuel & Smith, P.A., of Tallahassee and Tampa, Florida, ("Carlton, Fields"). Whereas, the County and Carlton, Fields have previously entered into a Continuing Retention ~ent dated June 22, 1999, an Amendment to Legal Services Agreernent dated September 28, 1999, Amendment #2 to Legal Services Agreement dated April 11, 2000, and Amendment #3 to Legal Services Agreement dated July 31,2001; and Whereas, the County has expressed a desire to obtain the services of outside counsel and, specifically, Carlton, Fields, to advise, assist and work with the Board of County Commissioners, the County Attorney and County staff regarding specialized litigation; and Whereas, by virtue of the diverse special expertise and resources of Carlton, Fields, said firm can provide the desired services and it is appropriate to amend the Legal Services Agreement to denominate an attorney of the firm to provide services at the reduced rate of $300.00 per hour. NOW THEREFORE, the parties hereto agree as follows: The Continuing Retention Agreement dated June 22, 1999, Amendment to Legal Services Agreement dated September 22, 1999, Amendment #2 to Legal Services Agre~aent dated April I 1, 2000, Amendment #3to Legal Services Agreement dated July 31, 2000 by and between the County and Carlton, Fields are hereby amended to provide that the County, agrees to pay the following named attorney as compensation for legal services: Ruth Kinsolving at a rate of 2- $300.00 per hour for all previously assigned, conlinuing and subsequently assigned work Page 1 of 2 performed. Except as expressly amended hereabove, the terms and conditions of said Continuing Retention Agreement and amendments are unchanged. IN WITNESS WHEREOF, Counsel and the Board, have each, respectively, by an author/zed person or agent, hereunder set their hands and seals on the date and year first above written. WITNESSES: (signature) (Printed name of-w/mess') (signature) (Printed name ofwimess) CARLTON, FIELDS, WARD, Michael F. Neuchterlein, Esq. ATTEST: DWIGHT E. BROCK, CLERK By: Approved as to fonn and legal sufficiency: Michael W. Pettit Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: JAMES N. COLETTA, CHAIRMAN Page 2 of 2 AGENDA ITEM NO. !t-~--- ~ __ FEB 2 6 2002 -1 RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE THE SUPPLEMENTAL AND AMENDED STIPULATED FINAL JUl~MENT RELATIVE TO THE EASEMENT ACQUISITION ON PARCELS 106A, 106B, 706 AND 806 IN THE LAWSUIT ENTITLED COLLIER COUNTY V. NAPLES ITALIAN AMERICAN CLUB, INC., ETAL., CASE NO. 98-1672-CA-01 (AIRPORT ROAD SIX-LANING PROJECT FROM PINE RIDGE RD. TO VANDERBILT BEACH RD.) OBJECTIVE: That the Board of County Commissioners approve the Supplemental and Amended Stipulated Final Judgment relative to the acquisition of the easements on Parcel Nos: 106A, 106B, 706 and 806 in the lawsuit entitled Collier County v. Naples Italian American Club. Inc., et al., Case No. 98-1672-CA-01. CONSIDERATIONS: In the summer of 1998, the County acquired parcels 106A, 106B, 706 and 806 in the case of Collier County vs. Naples Italian American Club, Inc., et al., for the six- laning of Airport Road between Pine Ridge Road and Vanderbilt Beach Road (Project No. 6203 I). A Stipulated Final Judgment was entered by the Court on September 3, 1999, the terms of which were approved by the Board of Commissioners on June 22, 1999. The Stipulated Final Judgment provides for the closure of Respondent's existing driveway and for Petitioner to construct "a driveway connection on Orange Blossom Drive which aligns with the ne',',' driveway entrance to the County's animal control facility on the north side." The County's animal control facility has been relocated and the public library is being constructed in it's place. As a result, the Italian American Club's entrance is being constructed to align with the new driveway entrance to the public library. This moves the entrance to the western edge of the club's property causing additional damages to the club. The terms of this supplemental and amended agreement are set forth in the attached the Supplemental and Amended Stipulated Final Judgment (Exhibit 1), which provides: relocation of the entrance to Respondent's property; a full median opening with the County retaining the right to modify or close the median opening based on safety and capacity standards; the County to pay the Respondent the aggregate sum of Thirteen Thousand and No/100 Dollars ($13,000.00) to refund the cost of extending the driveway to accommodate the new entrance location; the County to construct/install a pipe culvert for the new relocated entrance, and the County to construct a westbound left turn lane into Respondent's property. In addition, the Supplemental and Amended Stipulated Final Judgment provides for an additional attorney's fees in the amount of One Thousand and No/100 Dollars ($1,000.00) be paid to Respondent's attorney. Staff has reviewed the County's obligations stated in the Supplemental and Amended Stipulated Final Judgment and consider them to be reasonable. FISCAL IMPACT: Funds in the amount of $14.000.00 are available in the Transportation ~" Supported Gas Tax Fund. Source of Funds are §as ~axes. A C-. -. -. -. -. -. -. -. -~ N D A ITEM NO. iL.L- ~.._ FEB 2 6 2002 Pg. GROWTH MANAGEMENT IMPACT: Consistent with Collier County Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners: 1. approve the Supplemental and Amended Stipulated Final Judgment; and 2. approve thc expenditure of thc funds as stated; and 3. direct staff to pay the amounts as stated in the Supplemental and Amended Stipulated Final Judgment. SUBMITTED BY: REVIEWED BY: Heidi F. Ashton Assistant County Attorney A. N. Korti, Project Manager, PWED Date: REVIEWED BY: Steve Miller, P.E., Director Transportation/ECM Date: REVIEWED BY: APPROVED BY: Norrp Feder, Administrator Trmasportation Division David C. Weigel County Attorney Date: FEB 2¢ 2002 2 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COIJJER COUNTY, FLORIDA, a political subdivision of the State of Florida, Petitioner, VS. THE NAPLES ITALIAN-AMERICAN CLLrB, INC., a Florida corporation, et al., Respondents. Case No.: 98-1672-CA Parcel Nos.: 106A, 106B, 706 & 806 / SUPPLEMENTAL AND AMENDED STIPULATED FINAL JUDGMENT THIS CAUSE having come before the Court upon Joint Motion of the parties for entry of a Supplemental and Amended Stipulated Final Judgment made by the Petitioner, COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, and Respondent, THE NAPLES ITALIAN-AMERICAN CLUB, INC., conditioned upon the terms and provisions of the Stipulated Final Judgment previously entered by this Court on September 3, 1999, and the Court being otherwise fully advised in the premises thereof, it is thereupon ORDERED AND ADJUDGED that the Stipulated Final Judgment entered in this matter on September 3, 1999 is hereby amended and supplemented to include the following provisions: 1. Instead of the previously agreed upon relocation of the entrance to Respondent's property to a location across from the County's Animal Control Facility, the new location of the entrance will be across from the new library that is located on the north side of Orange Blossom Drive. 2. A full median opening will be constructed at the new library entrance. However, the County reserves the right after initial construction to modify or close the median opening based on safety and capacity standards. [ No.AGENDA[ ~ t...ITEM ~ ! 1 ~ FEB 2~ 2002 The County will pay to Respondent, ITALIAN-AMERICAN CLUB, INC. the aggregate sum of Thirteen Thousand and No/100 Dollars ($13,000.00) to fund the cost of extending the driveway from the new entrance, across from the new library's entrance, to the center line of the previously agreed entrance. The County shall construct/install a pipe culvert for the new relocated entrance to the Italian-American Club pursuant to plans for driveway connection dated 9/11/00. The County shall construct a westbound left turn lane into Respondent's, THE ITALIAN-AMERICAN CLUB, INC.'s property. However, the County reserves the right, after initial construction, to close or modify the turn lane based on safety and capacity standards. Respondent shall be entitled to additional attorney's fees in the amount of One Thousand and No/100 Dollars ($1,000.00). The County will pay the sum of Thirteen Thousand and No/100 Dollars ($13,000.00) to WOODWARD, PIRES AND LOMBARDO, P.A. TRUST ACCOUNT, 3200 Tamiami Trail North, Suite 200. Naples, Florida 34103 for the benefit of Respondent, ITALIAN-AMERICAN CLUB. INC. The County shall pay the sum of One Thousand and No/100 Dollars ($1,000.00) to WOODWARD, P[RES & LOMBARDO, P.A., 3200 Tamiami Trail, North, Suite 200, Naples, Florida 34103. This Supplemental and Amended Stipulated Final Judgment is subject to approval of the Board of County Commissioners. DONE AND ORDERED in Naples, Collier County, Florida, this __ 2002. day of CC: Joe W. Fixel, Esquire Heidi F. Ashton, Esquire J. Christopher Lombardo, Esquire '9 CIRCUIT COURT JUDGE AGENDA ITEM NO. !L~ ~ FEB Z G 2002 1Z-ZO-ilT 15:ZE Fro~t-Callier Caunt~ ~ttorne~ Office g4l 774 OZZ5 T-496 P005/005 F-lIT JOINT MOTION The Parties, by and tkmugh ~ undersigned attorneys, move the Couct for engy of the fo~-going Su~lemental and Amended. Stipulated Final .ludgme~t. Date& Dated: Flor/da Bar No. 372641 WOODWARD, PIRES & LOMBARDO, P.A. 3200 Tam/am/Trail, North, Suite 200 Naples, Flor/da 34103 (941) 649-6555 - Telephone ATTOP..NEY FOR RESPONDENTS 1068, ?0G & ge6 HIE_IDI F. ASHTON, ESQ. Florida Bar No. 0966'/70 COUq~q-Y ATTORNEY'S OFFICE Harmon Turner Building 3301 East Tamiami Trail Naples. Florida 34112 941/774-8400 - Telephone 941/774-0225 - Facsimile and JOE W. ~.T~ ES Q. Florida Bar No, 0192026 FIXEL & MAGUIRE 211 South Gadsden Street Tallahassee, Flor/da 32301 8501 681-1800 - Telephone 850/681-9017 - Facsimile ATTOP~N'EYS FOR PETITIONER AGENDA ITEM . NO. K,,L- FEB Z $ 2002' Pi. ~- EXECUTIVE SUMMARY APPROVE THE AGREED ORDER AWARDING EXPERT FEES RELATIVE TO THE FEE SIMP!.E AND EASEMENT ACQUISITION OF PARCELS 155 AND 855 IN THE LAWSUIT ENTITLED COLLIER COUNTY V. RONALD G. BENDER AND MICHELE J. BENDER, TRUSTEES UNDER THAT CERTAIN DECLARATION OF TRUST DATED THE 17TM DAY OF MAY, 1991, ET. AL., CASE NO. 99-1394-CA (LIVINGSTON ROAD, PROJECT NO. 60061) OBJECTIVE: That the Board of County Commissioners approve the Agreed Order Awarding Expert Fees to be paid for appraisal services with respect to Parcels 155 and 855 in the lawsuit entitled Collier County v. Ronald G. Bender and Michele d. Bender, Trustees Under That Certain Declaration of Trust Dated the 17th of May, 1991, et al.. Case No. 99-3040-CA (Livingston Road Project). On, July 23, 1998, an Order of Taking was entered in Collier County Circuit Court regarding the acquisition of feel simple and easement interests for the Livingston Road Extension (Golden Gate Boulevard to Radio Road). On August 12, 1998, Collier County deposited with the Registry of the Court the sum of $14,550.00 for Parcels 155 and 855 in accordance with the Order of Taking. On November 27, 2001, the Board of County Commissioners approved the making of an Offer of Judgment and subsequent approval of the Stipulated Final Judgment upon acceptance of the offer by the Respondents. On December 28, 2001, the Respondents accepted the County's offer. To conclude this matter, pursuant to Section 73.091(1), Florida Statutes, the County has agreed to pay reasonable appraisal fees in the amount of $2,424.00, landscape design consulting services in the amount of $2,475.00, and court reporter fees in the amount of $45.00 to Charles R. Forman, Esq., Forman, Hanratty & Montgomery Trust Account, with respect to Parcels 155 and 855, the terms of which are set out in the Agreed Order Awarding Expert Fees (attached as Exhibit "1"). ~s..,FISCAL IMPACT: Funds in the amount of $4,944.00 are available in the Transportation 0~'~mpact Fee District 2 Fund. Source of funds are Impact Fees. GROWTH MANAGEMENT IMPACT: Consistent with the Collier County Growth Management Plan for CIE Project No. 53. RECOMMENDATION: That the Board of County Commissioners: 1. approve the Agreed Order Awarding Expert Fees approve the expenditure of the funds as stated AGENDA ITEM ~.. NO. ~ FEB 2 6 2002 Pg. ~ SUBMITTED BY: Heidi F. Ashton Assistant County Attorney Date: REVIEWED BY: REVIEWED BY: Steve Miller, P.E., Director Transportation Engineering & Construction Management , Norm, Feder, Administrator TranSportation Division Date: Date: APPROVED BY: David C. Weigel County Attorney Date: 2 AGENDA ITEM ~-..-- NC). ~ FEB 2 6 2002 IN TI~ CIRCYIT COURT OF Tm~. ~ JUDICIAL CIRCUIT IN AND FOR COX-~-rER COUNTY, FLORIDA CKVLL ACT[ON COl ,.~.rl~ COUNTY, FLORIDA Ca.sc ~lo.: 98-1394-CA RONALD G. BENDER end ~ I- BENDE~ Tnmzes Ureter TI~ Cern,i- Declaration ofTrast I~ted tl~ 17~ da~ of May. 1991, et aL Par~l~ 155 and g55 AGREED ORDER AWARDING EXPERT FEES THIS CAUSE, having come before the Cot~rt upon join: motion of the parties, Petitioner, COLI.IER COUNTY, and Respondents, PETER B. FRANK and ANN FR.~NK, for entry of an Agreed Order Awarding Expex~ Fees, and the Court, being fully advised in the premises, it is hereby ORDERED AND ADJLTDGED *.hal Rc.~pondent.% PETER B. FI~ANK and A.NN FRANK, have and recover from Petitioner, COLt.IER COUN'~, the aggregate sum of Four Thousand N'me Hundred Forty-Four and 00/100 Dollars ($4,944.00) equaling Two Thousand Four Hundred Twenty-Four and Nofl00 Dollars ($2,424.00) for appraisal scrv/ces, Two Thousand Four Huudred Seventy-Five and No/100 Dollars ($2,475.00) for b-dscape deign consulting sm'vices. :md the sum of Forty-Five and No/100 Dollars (S45.00) for court reporter f~s all ~cuxred with respect ~o Parcels 155 Md 855; and it iz ~ ORDERED ~qD ADJUDGED ~ Petitioner, COIJ.IER. COUNTY, shall, x~dd&~ thirty (30) days from the dat~ of -&is Order, subje.~ to thc approval of the Board of Coumy Comm/ssioners of Collier County, pa)' thc sum ofF.ur Thnusand Nine Hundred Forty-Fm~r aud No/ZOO Dollar~ (5~,944.00) to FOR.MAN, HANRAT'i'Y & MONTGOMERY, TRUST ^C:£OUN'F, AGENDA ITEM NO. I~. -- FEB 2 2002 G1-2G-CZ IT:25 Fr;~-Caliter ~aun£~ A:t0rne~ urr&;e ~ .............. edo Charles R. Forman, Esq., 320 ~ Third Avmu¢, Post Ot~cc Box 159, Ocala, FL 34475, for Proper disburs~m of cuCpcrt fees. ORDEKED that the Court t~servcs jurisdiction to tax a~t Petitioner costs and attorney fees for suggIemeaml procamaings, if Com~-~hl¢, associa~d with apportio-mcnt of thc sum awarded as full COml~'nsation to R~tS by Stiptttstcd Final .Tudgment rccc=fly ,-ntcrcd by this Court; it ~s further DONE AND ORDERED this day of 2002, in Naples, Collier Cpunty, Florida- Conf'om~ copiu~ to: :. Huidi F. Ashtou, Esquire : Charles R. Forr-nn, Esquire g~flaud Bank f/Ma Woousockct Institution Trust Co. Ted Brousseau Circuk Court Judge Cablcvision lndustrie~ of FIo, icLa, Inc. Gulf American Corporation Mitzie Engle Shee. ha~ (address u. nkno'~n) JOI1NT MOTION FOR ENTRY OF ORDER AWARDING EXPERT FEES The Parti~ herr:by sti.rmlam amd r~p~tfu~y r=quest th~ Court to cnt~r the forgoing Agreed Orch:r Awarding Expm~t Fees az to Par~ Nos. 155 and 855. Florida Bar No. 229253 FORMAN, KREHL & MONTGOlV~RY 320 NW Third Avenue Post Or, ce Box 159 Ocala, Florida 34475 ATIOKNEY FOR. RESPONDENTS HEIDI F. ASHTON, ESQUIRE Fkn-ida Bar No. 0966770 COUNTY A'I-fORNF. Y'S OFFICE Harmon Turner Building 3301 East Tm-ni:~vni Trail Naples, Florida 341 I2 (941) 774-8400 - Telephone (941) '77.~,.0225 - Fac~c A'I-I'ORNEY FOR PETITIONER 2 AGENDA ITEM ~ NO. ~ FEB 2 6 2002 pg. EXECUTIVE SUMMARY APPROVE ATTORNEY'S FEES ASSOCIATED WITH THE ACQUISITION OF PARCEL 163 IN THE LAWSUIT ENTITLED COLLIER COUNTY V. RUSSELL BAISLEY, ET AL., CASE NO. 01-0758-CA (LIVINGSTON ROAD SIX-LANING PROJECT FROM GOLDEN GATE PARKWAY TO PINE RIDGE ROAD, PROJECT NO. 60071) OBJECTIVE: That the Board of County Commissioners approve the attorney's fees associated with the acquisition of Parcel 163 in the lawsuit entitled Collier County v. Russell Baisley, et al., Case No. 01-0758-CA. CONSIDERATIONS: On, May 31, 2001, a Stipulated Order of Taking was entered in Collier County Circuit Court regarding the acquisition of easements for the Livingston Road Six-Laning Project (Project No. 60071). On June 12, 2001, Collier County deposited with the Registry of the Court the sum of $19,400.00 for Parcel 163 in accordance with the Order of Taking. On September 24, 2001, the Board of County Commissioners approved the Stipulated Final Judgment pertaining to this parcel. On December 10, 2001, an apportionment heating was held. Under Section 73,092(2), Florida Statutes, the property owner's attorney may seek hourly attorney's fees for apportionment hearings. The attorney submitted a bill in the amount of $147.00 and the County and outside attorney have agreed to the sum of $120.00 for fees incurred for attendance and preparation for the apportionment hearing in this matter. The Agreed Order Awarding Attorney's Fees is attached as Exhibit "1". FISCAL IMPACT: Funds in the amount of $120.00 are available in the Transportation Supported Gas Tax Fund. Source of Funds are Gas Taxes. GROWTH MANAGEMENT IMPACT: Consistent with Collier County Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners: 1. approve the Agreed Order Awarding Attorney's Fees; and 2. approve the expen, diture of the funds as stated. SUBMITI~D BY: Heidi F. Ashton Assistant County Attorney Date: AGENDA ITEM NO. I¢~., t.-. ~ FEB 2 6 2002 Pg. I REVIEWED BY: Dale A. Bathon, P.E., Principal Project Manager Transportation/ECM REVIEWED BY: REVIEWED BY: APPROVED BY: Steve Miller, P.E., Director Transportation/ECM Norr~ Feder, Administrator Tra/psportation Division David C. Weigel c..,," County Attorney Date: Date: Date: ~ -/aS---~ 7__.-- h: Lit~EmDomXBaisley~ExSum-ExpertFees 163 AGENDA ITEM ~ NO. ! t.t.. , FEB 2 6 2002 IN TIlE CIRCUIT COURT OF TFIE TWENTIETH JUDICIAL ClR~ IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, VS. Petitioner, RUSSELL BAISLEY, et al., Respondents. Case No.: 01-0758-CA Parcel No.: 163 AGREED ORDER AWARDING ATTORNEY'S FEES THIS CAUSE, having come before the Court upon joint motion of the parties, Petitioner, COLLIER COUNTY, FLORDA, and Respondents, FREDERICK GARDNER AND JOA.N GARDNER, by and through their undersi_mqed counsel, KENNETH A. JONES, ESQ., for entry of an Order Awarding Attorney's Fees and the Court, being fully advised in the premises, it is hereby ORDERED AND ADILrDGED that Petitioner, COLLIER COUNTY, FLORIDA, shall pay forthwith to Kenneth A. Jones, Esq., ROETZEL & ANDRESS, 2320 First Street, Suite 1000, Fort Myers, FL 33901, the sum of ONE HUNDRED T~VENTY DOLLARS and No/100 ($120.00), for attorney's fees pursuant to {}73.092(2), Florida Statutes, for fees incurred for attendance and preparation for the apportionment hearhag; and IT IS FURTHER ORDERED AND ADJUDGED that this Agreed Order is subject to approval by the Collier County Board of County Commissioners. EXHIBIT 1 AGENDA ITEM/ FEB 2 6 2002 pg. G day of DONE AND ORDERED in Chambers at Naples, Collier County, Florida, this ,2002. Ted Brousseau Circuit Court Judge conformed copies to: Heidi F. Ashton, Assistant County Attorney Kenneth A. Jones. Esq. Collier County Tax Collector JOINT MOTION The parties, by and through their undersigned attorneys, move for entry, of the foregoing A~eed Order Awarding Attorney's Fees. Dated: Dated: KEIh~ETH A. JONES, ESQ. Florida Bar No. 0200158 ROETZEL & ANDKESS 2320 First Street, Suite 1000 Fort Myers, Florida 33901 (941) 337-3850 - Telephone (941) 337-0970 - Facsimile ATTORNEY FOR RESPONDENTS HEIDI F. ASHTON, ESQ. Florida Bar No. 0966770 Office of the County Attorney Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 - Telephone (941) 774-0225 - Facsimile ATTORNEY FOR PETITIONER AGENDA ITEM NO. ~ FEB 2 $ 2002 EXECUTIVE SUMMARY APPROVE TWO ~DIATED SETTLEMENT AGREEMENTS AND TWO STIPULATED FINAL JUDGMENTS INCORPORATING THE SAME TERMS AND CONDITIONS AS THE MEDIATED SETTLEMENT AGREEMENTS RELATIVE TO THE ACQUISITION OF PARCELS 2.4T AND 53T IN THE LAWSUIT ENTITLED COLLIER COUNTY V. JOHN B. FASSETT, TRUSTEE OF THE ANNE M. FASSETT TRUST DATED 6/5/86, ET AL., CASE NO. 99-3040-CA, PROJECT NO. 65041. OBJECTIVE: That the Board of County Commissioners approve two Mediated Settlement Agreements and two Stipulated Final Judgments incorporating the same terms and conditions as the Mediated Settlement Agreements as full and final compensation to be paid for the acquisition of the fee simple interest on Parcels 2.4T and 53T for the Livingston Road 4-Laning Project (Immokalee Road to Imperial Road) in the lawsuit entitled Collier County v. John B. Fassett, Trustee of the Anne M. Fassett Trust Dated 16/5/86, et al., Case No. 99-3040-CA. CONSIDERATIONS: On December 2, 1999, an Order of Taking was entered in Collier County Circuit Court regarding the acquisition of fee simple interests for the Livingston Road 4-Laning Project No. 65041 (Immokalee Road to Imperial Road). On December 8, 1999, Collier County deposited with the Registry of the Court the sum of $173,700.00 for Parcels 2.4T and 53T. A Mediation Conference was held on January 16, 2002 at which the parties reached a settlement agreement whereby the property owners, John J. Nevins, as Bishop of the Diocese of Venice, and Frank B. Pitt will be fully and fairly compensated for the property interests taken for the public purposes enumerated in the resolution of condemnation (Resolution No. 99-250). The terms of the first Mediated Settlement Agreement (attached as Exhibit "A") will be incorporated in a Stipulated Final Judgment to be presented to the Court for entry. The first Mediated Settlement Agreement provides for $258,095.00 to be paid to Respondent John J. Nevins, as Bishop of the Diocese of Venice, for Parcel 53T less $167,600.00 previously paid to Respondent through funds deposited in the Court Registry, in full settlement of all claims for compensation including statutory interest, but excluding attorney's fees under Section 73.092(2), F.S., experts' fees, costs and expenses. The second Mediated Settlement Agreement provides for $8500.00 to be paid to Respondent Frank B. Pitt, an access easement holder, for his interest in Parcel 2.4T less $5500.00 previously paid to Respondent through funds deposited in the Court Registry, in full settlement of all claims for compensation including statutory interest, but excluding attorney's fees under Section 73.092(2), F.S., experts' fees, costs and expenses. The terms of the second Mediated Settlement Agreement, attached as Exhibit "B", will be incorporated in a Stipulated Final Judgment to be presented to the Court for entry. Attorneys' fees will be based on the benefit derived pursuant to Section 73.092, F.S. AGENDA ITEM-, NO. lt_.,~., c FEB 2 6 2002 Pg. t FISCAL IMPACT: Funds in the amount of $92,895.00 are available from the Transportation Impact Fee District I Fund. Source of Funds are Impact Fees. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners: 1. approve the expenditure of funds as stated; and 2. approve the attached Mediated Settlement Agreements; and 3. approve the Stipulated Final Judgments which will incorporate the terms and conditions of the Mediated Settlement Agreements to be presented to the Court for entry. SUBMITTED BY: REVIEWED BY: REVIEWED BY: REVIEWED BY: APPROVED BY: Heidi F. Ashton. Assistant County Attorney Date: Dale A. Bathon. P.E.. Principal Project Manager Transportation Engineering & Construction Mgmt. Steve Miller, P.E., Director, Transportation Engineer ng 8: Construction Management TNrL srm~ r~t iFoendg[ viAs iodrn~mistrat°r David C. Weig~l, C7ountty Attorr~ Date: Date: 2.,.:/) ..'~ Date: ,~//¢~5"/0 -2- h: Lit~EmDomain~Fassett-ExSum MedSetflemeat2.4T& 53T AGENDA ITEM----n NO. FEB 2 13 2002 _A 1N THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL DIVISION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Vo Petitioner, Case No.: Parcel No.: 99-3040 CA 2.4T & 53-T JOHN N. FASSETT, as Trustee of the Anne M. Fassett Trust dated 6/5/86, et al. Respondents. MEDIATED SETTLEMENT AGREEMENT At a Mediation Conference held on the 16th day of January, 2002, the parties reached the following Settlement Agreement: 1. Petitioner will pay to Respondent(s), the sum of ,t~ ~_, ~'00. °Sfoo in full settlement of all claims for compensation fi.om Petitioner whatsoever, including statutory interest, but excluding.attorney's fees, experts' fees, and costs. 2. Petitioner is entitled to a credit in the mount of which was previously deposited in the Registry of the Court in this case by Petitioner. 3. Counsel for Petitioner and Respondent(s) will jointly submit to the Court for signature a mutually approved Stipulated Final Judgment in this matter as soon as practical hereafter. 4. Petitioner will pay Respondent(s) the balance due of ~ ~, ,~/ot~ within :gO days of the actual date of receipt by Petitioners counsel of a conformed copy of the aforesaid Stipulated Final Judgment from the Court. 5. This Agreement is subject to approval by the Boaxd of County Commissioners of Collier County. 6. The Court will retain jurisdiction herein as to the matter of Respondent(s) attorney's fees, experts' fees, and costs. A(~ENDA ITEM NO. ~ FEB 2 2002 Attached hereto is an addendum to this Agreement. x~J Yes No 8. Tiffs Agreement and the attached addendum, if any, contain(s) all of the agreements of the parties. Petitioner Atto~ey ~Petitio~r Resp0nden~//// / FEB 2 $ 2002 pg. c~ ADDENDUM TO MEDIATED SETTLEMENT AGREEMENT PERTAINING TO PARCELS 2.4T AND 53T This settlement is made subject to the following additional conditions: o Respondent FRANK PITY and Petitioner COLLIER COUNTY acknowledge the existence of an access easement created by easement reservation in the deed recorded in OR Book 1025, Page 661 of the public records of Collier County for the existing use of Respondent FRANK PITTS, his successors and assigns, property. Said easement has frontage on both Livingston Road (N/S) and Livingston Road (E/W) and is not extinguished by the taking of Parcel 2.4T except for the part taken in this action. However, upon development of Respondent FRANK PITT'S property, Respondent FRANK PITY, or his successors and assigns, shall be required to develop the property in accordance with the Collier County Land Development Code, County ordinances and regulations including the County's access management plan. The parties a~ee that the $5,500 previously paid to A.J. Jim Spalla, PA, as attorney for Respondent FRANK PITY, and held in escrow, shall be disbursed to Respondent FRANK PITT, as partial payment of his easement interest in this case, pursuant to the terms of this Mediated Settlement Agreement and the Mediated Settlement Agreement between Collier County and Respondent JOHN C. NEVINS AS BISHOP OF THE DIOCESE OF VENICE. AG~A ITEM NO. ~ FEB 2 6 2002 pg. Petitioner - g}ttomey for P.~titioner l~diator ~'~ a, ttome~//fSf~.xd~es¢ond~ni Frank Pitt IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT iN AND FOR COLLIER COUNTY, FLORIDA CIVIL DIVISION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Petitioner, Vo JOHN N. FASSETT, as Trustee of the Anne M. Fassett Trust dated 6/5/86, et' al. Respondents. Case No.' 99-3040 CA Parcel No.: 2.4T & 53-T MEDIATED SETTLEMENT AGREEMENT At a Mediation Conference held on the 16th day of January, 2002, the parties reached the following Settlement Agreement: ~htx 1. Petitioner will pay to Respondent(s), the sum of ~ ~'~, O~},~.. 00,4/0o in full settlement of all claims for compensation from Petitioner whatsoever, including statutory interest, but excluding.attorney's fees, experts' fees, and costs. 2. Petitioner is entitled to a credit in the mount of which was previously deposited in the Registry of the Court in this case by Petitioner. 3. Counsel for Petitioner and Respondem(s) will jointly submit to the Court for signature a mutually approved Stipulated Final Judgment in this matter as soon as practical hereafter. 4. Petitioner will pay Respondent(s) the balance due of ~ c/0, q~.. O,~/oo within ,~0 days of the actual date of receipt by Petitioner's counsel of a conformed copy of the aforesaid Stipulated Final Judgment from the Court. 5. This Agreement is subject to approval by the Boazd of County Commi-~siollea's of Collier County. o attorney's fees, experts' fees, and costs. The Court will retain jurisdiction herein as to the matter of Respondent(s) AGEN.D,A I.TEI~ Nc). FEB 2 6 2002 Attached hereto is an addendum to this Agreement. N// Yes No agreements of the parties. This A~eement and the attached addendum, if any, Contain(S) all of the Respon.de~/ Anorfi/~spondent~ AGENI~ ,A ITEM.._., No. ~ FEB 2 6 2002 ADDENDUM TO MEDIATED SETTLEMENT AGREEMENT PERTAINING TO PARCELS 2.4T AND 53T This settlement is made subject to the following additional conditions: The parties agree that the $5,500 previously paid to A.J. Jim Spalla, PA, as attomey for Respondent FRANK Prrr, and held in escrow, shall be disbursed to Respondent FRANK PITT, as partial phyment of his easement interest in this case, pursuant to the terms of this Mediated Settlement Agreement and the Mediated Settlement Agreement between Collier County and Respondent JOI-LN C. NEVINS AS BISHOP OF THE DIOCESE OF VENICE. Petitioner - Pv-,a ct e,-~. Attorney for Petitioner I~tor of the Diocese of Venice At.~,,/for respondent John J. N,.6~,If~s as Bishop of the Diocese of ,.rfice .0.AGEND, ,A ~ IT. EN~ FEB 2 6 2002 I%. EXECUTIVE SUMMARY VA-2001-AR-1442, KIRK SANDERS, REQUESTING A 2.3-FOOT AFTER-THE-FACT VARIANCE FROM THE REQUIRED 10-FOOT REAR YARD SETBACK ESTABLISHED FOR ACCESSORY STRUCTURES TO 7.7 FEET FOR PROPERTY LOCATED AT 1139 SPERLING AVENUE, FURTHER DESCRIBED AS LOT 14, BLOCK B, SPERLINGS SUBDIVISION, IN SECTION 22, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: That the community's interest is maintained in a single-family neighborhood. CONSIDERATIONS: The petitioner purchased the subject property in 1999 as an income property. The site contains a residential dwelling and a shed. The storage building, at some point in time, was converted into a dwelling unit. Afler an anonymous caller registered a complaint with the Code Enforcement Department for converting the shed into a rental unit, the investigator noticed that there was also a setback violation with the structure. The present owner has removed all living quarters from the structure and changed it back into a shed. However, a setback variance is required for this structure. The applicant has also removed another storage shed with side and rear yard encroachments. This application was originally reviewed by the CCPC on August 17, 2000. At that time the CCPC by a vote of 5-1 forwarded this petition to the BZA with a recommendation for approval. The applicant failed to show-up at the BZA meeting of September 17, 2000, and the Board of Zoning Appeals by a unanimous vote denied the petition. The applicant requested a re- consideration from the BZA. The Board directed the applicant to re-apply for the variance. FISCAL IMPACT: Approval of this petition will have no fiscal impact on Collier County. GROWTH MANAGEMENT IMPACT: Approval of this variance will not affect or change the requirements of the Growth Management Plan. FEB 2 6 2002 ENVIRONMENTAL ISSUES: There are no unusual environmental issues associated with this petition. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is not located within an Area of Historical and Archaeological Probability as referenced on the official Collier County Probability Map. Therefore, no survey or Waiver of Historic and Archaeological Survey & Assessment is required. EAC RECOMMENDATION: The Environmental Advisory Council did not review this petition because the EAC does not normally hear variance petitions. CCPC RECOMMENDATION: The Collier County Planning Commission heard this petition on January 17, 2002. The Commissioners heard the Staff presentation and a presentation by the petitioner. The Planning Commission voted 8 to 0 to forward the petition to the BZA with a recommendation of approval. PLANNING SERVICES STAFF RECOMMENDATION: There is no land related hardship associated with this variance. However, there are ameliorating factors: the structure in question is old and has been in existence for many years; because of the age of the structure and the lack of records dating back to pre-1970, Staff could not determine if a permit was ever issued for this structure; the complaint that initiated the Code Enforcement action was based on using the shed as a residential structure, not the encroachment; and the fact that no objections to this petition were received Therefore, Planmng Services staff recommends that the CCPC forward Petition VA-2001-AR- 1442 to the BZA with a recommendation of approval. AGE. hlDA I~.. FEB 2 6 2002 PREPARED BY: DATE REVIEWED BY: ~ISAN MURRAY, AICP DATE CURRENT PLANNING MANAGER & INTERIM PLANNING SERVICES DIRECTOR APPROVED BY: JO MITT DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR 'ffxec utive summary/VA-2001 -AR- 3 ACtA I~ MEMORANDUM' TO: COLLIER COUNTY PLANNING COMMISSION FROM COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION DATE: DECEMBER 10, 2001 RE: PETITION VA-2001-AR-1442 AGENTIAPPLICANT: Owner: Kirk Sanders 294 4th Avenue South Naples, FL. 34102 REQUESTED ACTION: The petitioner requests a 2.3 foot after-the-fact variance from the required 10 foot rear yard setback established for accessory structures to 7.7 feet for a storage building. GEOGRAPHIC LOCATION: The subject property is located at 1130 Sperling Avenue and is further described as Lot 14, Block "B", Sperling's Subdivision, in Section 22, Township 48 south, Range 25 east, Collier County, Florida. PURPOSE/DESCRIPTION OF PROJECT: The petitioners purchased the subject residence in 1999 as an income property. The site contains a residential dwelling, a storage building and a shed. The storage building, at some point in time, was converted into a dwelling unit. After an anonymous caller registered a complaint with the Code Enforcement Department for converting the storage building into a rental unit, the investigator noticed that there was also a setback violation with the structure. The present owner has agreed to remove all living quarters from the structure and change it back into a storage building. However, a variance is required for this structure. The applicant has also agreed to remove an existing storage shed with side and rear yard encroachments. This application was originally reviewed by the CCPC on August 17, 2000. At that time the CCPC by a vote of 5-1 forwarded this petition to the BZA with a recommendation for approval. The applicant failed to show-up at the BZA meeting of September 17, 2000, and AGEi~A I~ FEB 2 6 2002 I! -I (11111 o.iP FEB ;~ 6 the Board of Zoning Appeals by a unanimous vote denied the petition. The applicant requested a re-consideration from the BZA. The Board directed the applicant to re-apply for the variance. SURROUNDING LAND USE AND ZONING: Subject property: Single family residence; zoned RMF-6 Surrounding: North - Single family residence; zoned RMF-6 East Single family residence; zoned RMF-6 South - Vacant; zoned RMF-6 West - Single family residence; zoned RMF-6 HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is not located within an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, an Historical/Archaeological Survey and Assessment or waiver is not required. EVALUATION FOR TRANSPORTATIONt INFRASTRUCTURE AND ENVIRONMENT IMPACTS: Approval of this variance request will have no effect on infrastructure, transportation or the environment. ANALYSIS: Section 2.7.5 of the Land Development Code grants the authority to the Board of Zoning Appeals to grant variances. The Planning Commission is advisory to the BZA and utilizes the provisions of Section 2.7.5.6.1 through 2.7.5.6.8, which are general guidelines to be used to assist the Commission in making a determination. Responses to the items in Section 2.7.5.6 are as follows: Are there special conditions and circumstances existing, which are peculiar to the location, size and characteristics of the land, structure or building involved? No, this is a typical building constructed with the wrong setbacks. Are there special conditions, and circumstances, which do not result from the action of the applicant such as pre-existing conditions relative to the property, which is the subject of the variance request? FEB 2 6 2002 em f= Yes, the applicant purchased an existing house with a storage building encroaching into the rear yard. The current owner did not cause the violation and purchased the residence unaware of the setback encroachment. Will a literal interpretation of the provisions of this Land Development Code work unnecessary and undue hardship on the applicant? There is no land-related hardship. Denial of this variance would cause financial hardship to the Petitioner. However, financial hardship is not a criterion for the granting of a variance. Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety and welfare? No. A single-family house is a reasonable use of the land. However, the structure is existing and therefore would be the minimum variance required. Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district? Yes, this variance will allow the petitioner to have a smaller rear yard than would be permitted for a similar lot in the RMF-6 zoning district. Will granting the variance be in harmony with the general intent and purpose of this Land Development Code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare? No, granting of this variance will reduce the amount of the required yard, which will not be in harmony with the general intent and purpose of the LDC. However, approval of this request will not be detrimental to the public welfare. No objections have been recorded. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf courses, etc.? NO. h. Will granting the variance be consistent with the Growth Management Plan? Approval of this vadance will not affect or change the requirements of the Growth Management Plan. FEB 2 6 2002 STAFF RECOMMENDATION: Due to the fact that the structure in question is old and has been in existence for many years, and also due to the fact that given the age of the structure and the lack of records dating back to pre-1970, staff could not determine if a permit was ever issued for this structure. Staff recommends that the CCPC forward this petition to the BZA with a recommendation for a conditional approval. PREPARED BY: PRINCIPAL PLANNER DATE REVIEWED BY: SUS MURRAY, AICP ~... CUF~/~NT PLANNING MANAGER THOMAS E. KUCK, P.E. INTERIM PLANNING SERVICES DIRECTOR DATE DATE APPROVED BY: ELATE & ENVIRONMENTAL SERVICES ADMINISTRATOR Petition VA-2001-AR-1442 This petition has been tentatively scheduled for February 5, 2002 BZA Public Hearing. COLLIER COUNTY PLANNING COMMISSION: JOYI~EANNA J. N FEB 2 6 2002 VARIANCE PETITION (VARIANCE FROM SETBACK (S) REQUIRED FOR A PARTICULAR ZONING DISTRICT) Petition VA-2001-AR-1442 PROJECT #2001090012 DATE: 9/11/01 Date Petition Received: _ CHAHiLa,M BADAMTCHIAN Commission District: Planner Assigned: ABOVE TO BE COMPLETED BY STAFF GENERAL INFORMATION: Petitioner's Name: Petitioner's Address: Agent's Name: Agent's Address: Telephone: Telephone: Application for Variance Petition - 8/98 ^c, EF~A ~TE~ FEB 2 6 2002 P,v p of COr,l JER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING :1800 N. HORSESHOE DRIVE - NAPLES, FL 34104 PHONE (941) 403-2400fFAX (941) 643-6968 Complete the following for all Association(s) affiliated with this petition- (Provide additional shects ifncccssaz7) Name of Homeowner Association: Mailing Address city sta~ Zip_____ Name of Homeowner Association: Mailing Address City State .~ Zip. Name of Homeowner Association: Maihng Address City State ... Zip Name of Master Association: Mailing Address City Stae Zip Name of Civic Association: Mailing Address City State Zip PROPERTY DESCRIPTION; Legal Description of Subject Property: Subdivision: ~%f¢,~ L,',,.,,,f Unit sectio- ,p.;2._ Twp. Lot (s) i c/ __.Block (s) ~> Property I.D. # Metes & Bounds Description: Page 2 ot 8 FEB 2' 6 2002 Application for Variance Petition - 8198 P& I c.~ Address of Subject Property: (If different from Petitioner's address) Current Zoning and Land use of Subject Parcel: Adjacent Zoning & Land Use: ZONING LAND USE Minimum Yard Requirements for Subject Property: Front: Comm' Lot: Yes [] No ~ Side: Waterfront Lot: Yes [--] Rear; Application for Variance Petition - 8198 FEB 2 6 2002 Nature of Petition Provide a derailed expla~atiou of the request i~cl~dmg what str~ a~ existing a~d what is p~posed.; t~e am~ of e~,o~e~ l~'Opose~i ~mg m~mbe~, i.e. r~t~e f~nt setback ~'om 25' to 1 $'; whe~ p~pexty ov~er pm~h~e,d p~pen'y; whe~ exist~ pri~ipal str~ctm'e wa~ b~ilt (i~clude b~ldi~g permit m~mber (s) if possible); w~ encroa~hmem is necessary; how existing cncroa~hmcut came to be; etc. ")- ~.c Application for Variance Petition - 8/98 Page 4 "17 FEB 2 u 2002 Please note that staff and the Collicr County planning Comml.sion shall bc guided in their recommendation to the Board of zoning Appeals, and that the Board of zoning appeals shall be guided in its dctermi,~ation to approve or deny a variance pctition by the below listed criteria (1-8). (Please address this criteria using additional pages if necessary.) 1. Arc there special conditions and circumsunccs existing which arc peculiar to thc location, s/re and characteristics of thc land, s~ructure, or building involved. Are there special conditions and circumstances which do not result from the action of the applicant such as pre-existing conditions relative to the property which is the subject of the variance request. Will a hteral interpretation of the provisions of this zoning code work unnecessary and undue hardship on the applicant or create practical difficulties on the applicant. Will the variance, if granted, be the miu~ruum variance that ~ make possible the redouble me of ~e ~ b~g or s~c~e ~d w~ch pr~o~ s~ ofh~ ~e~ or were. Application for Variance Petition - 8/98 Page 5 o: 8 AC..-~.N~A IT~ FEB 2 6 2002 Will gra~i-E the variance v~quesl~l confcr on ltxe pelilioncr any special privilege that is denied by gacsc z~ning regulations ~ othcr Ianck% buildings, or sUuctu~s in the same zoning district Will gran~g thc variance bc in harmony with the intent and purpose of this zoning code, and not be injurious to the neighborhood, or otkcrv,4.s¢ dctfimcntal to the public welfare. ,~,c c Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regul.tion such as natural preserves, lakes, golf course, etc. ~0 Will granting the variance be consistent with the growth management plan. ).,eS L Application for Variance Petition - 8~98 P~ FEB 2 6 2002 AFFIDAVIT We/I, ~ ~ I?~ ~- c~ 1o/Og ~' ~ being first duly sworn, depose and say that we/[ am/are the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. We/I understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. As property owner We~I further authorize as our/my representative in any matters regarding this Petition. to act Signature of Property Owner Typed or Printed Name of Owner Sighature of Property Owner Typed or Printed Name of Owner _e foregoing instr~_ ent was a. cknowledged before me this day of , 0 ~ by hi ~ ~7~q400 ~ who is personally known to me or has pr[n~uced £~l~- 5-/ q~go~'., q 6~ -O as identification. State of Florida Coun~.af~._lliar-.: ,~nloi'ganl~ iNOTA=..; ~i ~,TATE OF FIX3RIDA [ i c ' Application for Variance Petition - 8/98 (Signature of Notar~Public - State of Florida) (Print, Type, or Stamp Corn Name of Notary Public) Page FEB 2 6 2002 of 8 ,,,. i-5 RESOLUTION NO. 02-__ RELATING TO PETITION NUMBER VA-2001-AR-144.2 FOR AN AFTER-THE-FACT VARIANCE ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and entorce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which establishes regulations for the zoning of particular geographic divisions of the County, among wb. ich is the granting of variances; and WHEREAS, the Board of Zoning Appeals, being the duly elected constituted Board of the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability, of a 2.3-foot after- the- fact variance fi.om the required rear yard setback of 10 feet to 7.7 feet as shown on the attached plot plan, Exhibit "A", in a RMF-6 Zone for an accessory structure for the property, hereinafter described, and has found as a matter of fact that satisfactor3. provision and arrangement have been made concermng all applicable matters required by said regulations and in accordance with Section 2.7.5 of the Zoning Regulations of said Land Development Code for the unincorporated area of Collier Counb'; and WHEREAS, all interested parties have been given opportumty to be heard b? this Board in public meeting assembled, and the Board having considered all matters presented; NOW, THEREFORE, BE IT RESOLVED BY the Board of Zoning Appeals of Collier County, Florida, that: The Petition VA-2001-AR-1442 filed by Kirk N. Sanders, with respect to the property hereinafter described as: Lot 14, Sperlings Subdivision, Block B, as recorded in Plat Book 4, Page 12, of the Official Records of Collier County, Florida be and the same hereby is approved for a 2.3-foot after-the-fact variance from the required rear yard setback of 10 feet to 7.7 feet as shown on the attached plot plan, Exhibit "A", of the RMF-6 Zomng District wherein said property is located, subject to the following conditions: .,Iq Sr-- FEB 2 6 2002 1. This variance is for the encroachment shown in Exhibit "A" only. Any other encroachment shall require a separate variance. 2. In the case of the destruction of the encroaching structure, for any reason, to an extent equal to or greater than 50 percent of the actual replacement cost of the structure at the time of its destruction, any reconstruction shall conform to the provisions of the Land Development Code in effect at the time of reconstruction. BE IT RESOLVED that this Resolution relating to Petition Number VA-2001-AR-1442 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this day of ,2002. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF ZONTNG APPEALS COLLIER COUNTY, FLORIDA BY: JA,MES N. COLETTA, CHAIRMAN Approved as to Form and Legal Sufficiency: 'Ma~jori~ M. Student Assistant County Attorney . EB 2 6 2002 ~;i~.PH~C SCALE ~N FEET o. E;2' tlEST ~£NCE CO~NE~ 3. ~5'NO~TH O. 8I'HEST ~3. Z' . LOT t4 fLOCK B #4LK#A PO~E~ POI. Z UE CORNER 'EAST GR~¥EL o. RT' HORTH ~ ,~. 5l ' E4ST ~ITH S~I(DY LB a99. 97~) 500. TIN TAB F'DUNO .5 IROH R'OO fftT~ SANDY LB 746 CAP SET VA-01-AR-1442 Exhibit "A" FEB 2 6 2002 EXECUTIVE SUMMARY PETITION CU-01-AR-1420, WILLIAM HOOVER, OF HOOVER PLANNING AND DEVELOPMENT, INC., REPRESENTING THE SEVENTH DAY ADVENTIST CHURCH, REQUESTING CONDITIONAL USE "7" AND "11" OF THE RURAL "A-MHO" RURAL AGRICULTURAL WITH A MOBILE HOME OVERLAY ZONING DISTRICT TO ALLOW A CHURCH AND CHILD DAY CARE FACILITIES FOR PROPERTY LOCATED ON THE NORTHWEST CORNER OF IMMOKALEE ROAD (CR-846) AND LILAC LANE, IN SECTION 23, TOXVNSHIP 47 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: To have the Board of Zoning Appeals consider an application for a conditional use "7" and "11" of the "A" Rural Agricultural zoning district with a Mobile Home Overlay allowing a church and child care facility while maintaining the community's best interest. CONSIDERATIONS: The applicant is requesting Conditional Use for a church and associated day care. The applicant is proposing to build this facility in three different phases. Phase one will consist of a 16,800 square feet church building. Phase 2 will add another 16,800 square feet to the church. Phase 3 will consist of a 2,400 Square feet of childcare center. Phase One is expected to be completed by 2003, with approximately 75 seats while Phase Two is anticipated to be completed by 2008 and providing 300 seats. The applicant is also proposing a playground, a basketball court and a soccer/football field. The site is currently pastureland, zoned "A-MHO" Agricultural with Mobile Home Overlay. The surrounding land uses include undeveloped pastureland to the north and east, hnmokalee Road to the south and a mobile home to the west. The Trausportation Review indicates that the ingress and egress to the site will be from Lilac Road. The ITE Trip Generation manual indicates that this site will generate 674 trips on a weekday at build- out in 2008. On Saturdays this site will generate 984 trips with 342 AM Peak hour trips. Based on this data, the segments on Immokalee Road between Collier Boulevard and Oil Well Road will operate at LOS "B" for any segrnent that is 4-1aned and LOS "F" for any segment that remains 2-1anes. It should be noted that there are no road widening plans for hnmokalee Road between Oil Well Road and Everglades Boulevard in the near future. If this segment of Immokalee road is 4-1aned by the built-out of phase 2 of this church, the level of service (LOS) should be "B". Hoxvever, should the road remain a 2-lane road at the completion of phase 2, then this section of Immokalee Road xvill function at the LOS "F". Staff added stipulations delaying phases 2 and 3 until Immokalee Road is 4-1aned to Everglades Boulevard. In addition, the property owner shall dedicate free of charge to Collier County the right-of- way needed for the widening of Immokalee Road in lieu of constructing turn lanes. The County shall construct the turn lanes xvhen needed. Until that time the petitioner shall have a Sheriff's Deputy direct traffic at the intersection oflmmokalee Road and Lilac Lane just prior to and after church services. FEB 2 6 2002 1 Pg' ANALYSIS: The list below contains a summary of the evaluation of the criteria, which are specifically noted in Section 2.7.4.4 of the Land Development Code requiring staff evaluation and comment, and used as the basis for a recommendation for approval or denial by the Collier County Planning Commission and the Board of County Commissioners. The subject site has adequate frontage on Immokalee Road and will not adversely impact traffic floxv. In addition, the ingress/egress on Lilac Lane is considered to be an optimal location in terms of traffic floxv and safety. It is unlikely that glare or odor will be produced by the church at a level that exceeds the impacts could be created by permitted agricultural uses in this zoning district. Staff is of the opinion that a church for the most part represents a passive use of land, and is therefore compatible with adjacent agricultural land uses. However, intensifying the traffic conditions on Immokalee Road resulting from this project may at times give rise to inconveniencing neighborhood residents. FISCAL IMPACT: This project by and of itself will have no fiscal impact on the County. However, if this request meets its objective, a portion of the existing land will be fitrther developed. The mere fact that new development has been approved will result in future fiscal impact on County public facilities. The County collects impact fees prior to the issuance of building permits to help offset the impacts of each nexv development on public facilities. These impact fees are used to fund projects in the Capital Improvement Element needed to maintain adopted levels of service for public facilities, in the event that impact fee collections are inadequate to maintain adopted levels of service, the County must provide supplemental funds from other revenue sources in order to build needed facilities. The following impact fees will be applicable to this project: Fire Impact Fee: Correctional Facilities Road Impact Fee: EMS Impact Fee: S0.30 per square foot under roof S0.1170 per square foot $2,190 per 1,000 square feet S34.00 per 1,000 square feet The total amount of impact fees for the church use is approximately $88,737. These impact fees are based on the total square footage of the proposed 33,600 square foot structures. These impact fees are used to fund projects in the Capital Improvement Elernent needed to maintain adopted levels of service for public facilities. In the event that impact fee collections are inadequate to maintain adopted levels of service, the County must provide supplemental funds from other revenue sources in order to build needed facilities. When level of service requirements fall below adopted standards, a naechanism is in place to bring about a cessation of building activities. Certain LOS standards apply countyxvide and would therefore bring about a countywide concurrency deterniination versus roads that may have local geographic concurrency implications. FEB 2 6 2002 GROWTH MANAGEMENT IMPACT: The subject property is designated Agricultural/Rural (Agricultural/Rural-Mixed Use District) as identified on the Future Land Use Map of the Growth Management Plan. Relevant to this petition, this designation permits non-residential uses such as community facilities, which includes churches and childcare. This site is within the area of the County subject to Final Order No. AC-99-002, issued June 22, 1999, by the Administration Commission (Florida Governor and Cabinet). However, the Final Order does not prohibit the conditional use of churches and affiliated child-care facilities. ENVIRONMENTAL ISSUES: Since the proposed church and day care facility does not impact any wetland areas, this petition is not required to be reviewed by the by the Environmental Advisory Council (EAC). In addition, the Environmental Review staff detem~ined that this petition is consistent with the applicable environmental requirements of the Land Development Code. They have recommended approval subject to the preservation of 15 percent of the existing native vegetation on-site as required in Section 3.9.5.5.4 of the Land Development Code. HISTORIC/ARCItAEOLOGICAL IMPACT: StafFs analysis indicates that the petitioner's property is not located within an Area of Historical and Archaeological Probability as referenced on the official Collier County Probability Map. Therefore, no Historic and Archaeological Survey 8,: Assessment or a waiver is required. PLANNING SERVICES STAFF RECOMMENDATION: Planning Services staff has referred this petition to all appropriate County Agencies for their review and recommendation. Based upon their analysis and planning review, staff had recommended that the Collier County Planning Commission forward Petition CU-01-AR-1420 to the Board of Zoning Appeals with a recommendation of approval subject to staff stipulations. ENVIRONMENTAL ADVISORY COUNCIL RECOMMENDATION: The Planning Services Department Environmental and Engineering staffs have reviewed the petitioner's application and have recommended approval. Since no wetlands will be impacted by the proposed church, no EIS was required. As a result, this petition was not required to go before the Environmental Advisory Council (EAC). PLANNING COMMISSION RECOMMENDATION: his pesticide business might be problematic for the childcare facility. As a result, the p to relocate the childcare facility to the west end of the site. Since staff has not rece opposing this petition, this petition was placed on the Summary Agenda. The Collier County Planning Commission heard this petition on December 20, 2001. They unanimously recommend by a 9 to 0 vote to forward this petition to the Board of Zoning Appeals with a recommendation of approval subject to staff stipulations contained in the resolution of adoption. The Planning Commissioners deten-nined that the proposed church facility is compatible with the surrounding area. It should be noted that the adjacent property owner to the east raised a concern that red rely letters 1"7...~ FEB 2 6 2002 PREPARED BY: ff RAY ~,EL~oW~S, C H'TEF'P LANqN CURlk~NT PLANING SECTION REVIEWED BY: SUS~q MURRAY, AICP, INTERIM DIRECTOR PLANNING SERVICES DEPARTMENT 2.7.o?_. DATE DATE APPROVED BY: ~ JOSEbH K. SC~IITT, ADMINISTRATOR cON/4MUNITY DEV. AND ENVIRONMENTAL SVCS. EX SUMM.-XR'~' CU-01 -AR- 1-120 P. VB rb bAT~ FEB 2 6 2.002 P~. ~ AGENDA ITEM 8-D MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION DATE: NOVEMBER 28, 2001 RE: PETITION NO: CU-2001-AR-1420 OWNERJAGENT: owner: Seventh Day Adventist Church Pastor Colin Rampton 239 Fairway Circle Naples, FL. 34110 Agent: William L. Hoover, AICP Hoover Planning and Development, Inc. 3785 Airport Road North, Suite B-1 Naples, FL. 34105 REQUESTED ACTION: The applicant is requesting the approval of a conditional use for a church and child care center. GEOGRAPHIC LOCATION: The subject property is located at the Northwest corner of Lilac Lane and Immokalee Road (See attached Exhibit for legal description). This parcel consists of approximately 13.93 acres. PURPOSE/DESCRIPTION OF PROJECT: The applicant is requesting Conditional Use # 7 and # 11 of the Agricultural zoning district for a church and associated day care. The applicant is proposing to build this facility in three different phases. Phase one will consist of a 16,800 square feet church A~A JTEM~ FEB 2 6 2002 ITEk~ FEB 2 6 2002 building. Phase 2 will add another 16,800 square feet to the church. Phase 3 will consist of a 2,400 Square feet of childcare center. The applicant is also proposing a playground, a basketball court and a soccer/football field. They are proposing three access points on Lilac Road. SURROUNDING LAND USE AND ZONING' North East South West Existing: Surrounding: -Pasture land, zoned "A-MHO" Agricultural with Mobile home overlay. -Pasture land, zoned "A-MHO" Agricultural with Mobile home overlay. - Pasture land, zoned "A-MHO" Agricultural with Mobile home overlay. -Immokalee Road, then residential dwelling, zoned "A- MHO" Agricultural with Mobile home overlay. - mobile home, zoned "A-MHO" Agricultural with Mobile home overlay. Gp,,:_~WTH MANAGEMENT PLAN CONSISTENCY: The ~uh, ject property is designated Agricultural/Rural (Agricultural/Rural-Mixed Use District) as ide,~::.f:.ed on the Future Land Use Map of the Growth Management Plan. Relevant to this pe:i:;.3n, this designation permits non-residential uses such as community facilities which inci:_.:es churches and child care. This site is within the area of the County subject to Final Order No. AC-99-002, issued June 22, 1972. by the Administration Commission (Florida Governor and Cabinet). However, the Final Orc3: does not prohibit the conditional use of churches and affiliated child care facilities. Otb sr applicable elements of the GMP for which a consistency review was made are as follcv/s: Tra?s,.~ortation Element: Ingress and egress'to the site will be from Lilac Road. The ITE Trip Generation manual indicates that this site will generate 674 trips on a weekday. On Saturdays this site will generate 984 trips with an AM Peak hour trip of 342. Based on this data, the site-generated traffic will exceed the significance test standard (5 percent of the !evel of service LOS "C" design volume) on Immokalee Road between Collier Bou!evard and Oil Well Road by 2003. There are no road widening plans for Immokalee Roa: between Oil Well Road and Everglades Boulevard in the near future. If this segment of lmmokalee road is 4-1aned by the built-out of phase 2 of this church, the leve~ :f service (LOS) should be "B". However, should the road remain a 2-lane road at the .r:ompletion of phase 2, then this section of Immokalee Road will function at the LOS -2- FEB 2 6 2002 "F". Staff added stipulations delaying phases 2 and 3 until Immokalee Road is 4-1aned to Everglades Boulevard. Conservation Element: This petition was reviewed by the Environmental Staff of Development Services and found to be consistent with the Conservation Element of the GMP. STAFF ANALYSIS The Current Planning staff has coordinated a comprehensive evaluation of this land use petition and the criteria on which a favorable determination must be based. This evaluation is intended to provide an objective, comprehensive overview of the impacts of the proposed land use change, be they positive or negative, culminating in a staff recommendation based on that comprehensive overview. The below listed criteria are specifically noted in Section 2.7.4.4. of the Land Development Code thus requiring staff evaluation and comment, and shall be used as the basis for a recommendation for approval or denial by the Planning Commission to the Board of County Commissioners. Each of the potential impacts or considerations identified during the staff review are listed under each of the criterion noted below, and are categorized as either pro or con as the case may be, in the opinion of staff. Staff review of each criterion is followed by a summary conclusion culminating in a determination of compliance, non-compliance or compliance with mitigation. a. Consistency with this code and Growth Management Plan. The site in question is zoned "A-MHO". This designation permits non-residential uses such as community facilities which includes churches and child cares. This request is deemed to be consistent with the requirements of the Growth Management Plan. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access, in case of fire or catastrophe. The site will be accessed via Lilac Road, which is an unimproved private road. Staff has stipulated that Lilac Road must be paved from Immokalee Road to the northern end of the subject property. The effect the conditional use would have on neighboring properties in relation to noise, glare, economic or odor effects. This church will generate some traffic noise. Some neighboring property owners may consider this offensive. However, it is important to note that, neighboring -3- AC_.~A ITEM FEB 2 6 ~00;~ properties are mostly undeveloped. The proposed church will not generate any dust, glare or odor in the area. Compatibility with adjacent properties and other property in the district. The parcel in question is surrounded on all sides by large and vegetated properties. All properties in the area are zoned A-MHO, which allows at a maximum one dwelling unit per five (5) acres which will provide for sufficient separation between the subject site and abutting residences. There are very few residences within the vicinity of the subject site. Furthermore, churches have traditionally been considered compatible with residential uses. STAFF RECOMMENDATION: Staff recommends that the CCPC forward Petition CU-2001-AR-1420 to the BZA with a reccmmendation for conditional approval subject to all staff stipulations. -4- FEB 2 6 2002 Pi~. C;] PREPARED BY: DATE REVIEWED BY: THCMAS E. KUCK, P.E. INTE~,IM PLANNING SERVICES DIRECTOR DATE APPROVED BY: J,E), ~,N M. DUNNUCK, III DATE I~ 'ERIM COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ,4D i',,ilNISTRATOR Pe,,.l,,on CU-2001-AR-1420 This petition has been tentatively scheduled for January 22, 02, BCC Public Hearing. COLLIER COUNTY PLAN(Ntt~G COMMISSION: JOYCF_.~7'NNA J. RAUTIO, C~AIRMAN -5- FEB 2 6 2002 CU-2001 -AR- 1420 NE Naples Seventh Day Adventists Church Project #2001090003 Date: 8/4/01 Charam Badamtchian Al' PLICATION FOR PUBLIC HEARING FOR: CONDITIONAL USE Petitiora Commi ,?p~ District: Date Petition Received: Planner Assigned: ABOVE TO BE COMPLETED BY STAFF Information Applicant(s) Pastor ~cant's Mailing Address 239 Naples '~.:,p!icant's Telephone # of Agent William L. Mailing Address 3785 Colin Rampton, Seventh Day Adventist 513-0295 Fairway Circle State Hoover Airport Florida Zip 34110 Fax# 513-0295 (call first) Finn Hoover Planninq & Dev., Road North, Suite B-1 Citv Naples · ,~_~n~ s Telephone # 403 8899 .:~. ...... ,'~ E-Mail Address: State Florida Fax# Hooverplanninq@cs.com Zip 403-9009 34105 Church Inc. .x PPIAC-', ' COI_,LIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 N. ItORSESItOE DRIVE - NAPLES, FL 34104 PItONE (941) 403-2400/FAX (941) 643-6968 , :t PI'I~I lc' IIEARINC FOR CONDITIONAl, USE- 02~2000 FEB 2 6 2002 Complete the following for all Association(s) affiliated with this petition. ('Provide additional sheets if necessary) Name of Itomeowner Association: Mailing Address we ~now off. CiV State __ Zip Name of Homeowmer Association: Mailing Address City State ~ Zip. Name of Homeoxxmer Association: Mailing Address City State__ Zip.~ Name of Master Association' Mailing Address City State __ Zip Name of Civic Association: Mailing Address City State __ Zip 2. Disclosure of Interest Information: If the property is oxvned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary). Name and Address Percentage of Ownership FEB 2 6 2002 APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE -0~'2000 PAGE 3 OF l 6 If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Name, AddressandOffice Florida Conference Association of 65___5 N. Wymore Road Winter Park, FL 32789 PercentageofStock Sovonth-D~y A~von~sts Non-Profit Corp- (FL) If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address Percentage of Interest If the property is in the name of a GENERAL or L1Z/IITED PARTNERSHIP, list the name ef the general and/or limited partners. Name and Address Percentage of Ownership If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Parmership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Name and Address Percentage of Ow-nershl AC~ND~ I~ 2 6 2002 ..\??L1CAT' ' ': i ,',i~ Pl'B1 IC tlEARI,_?G FOR CONDITIONAL IJSE - 02~2000 PAGE 4 OF 16 f. Date of Contract: If any contingency clause or contract terms involve additional individuals or officers, if a corporation, partnership, or trust. parties, list all Name and Address Date subject property acquired (X) leased ( ): Term of lease NOV. 20, 2000 If. Petitioner has option to buy, indicate date of option: terminates: , or anticipated closing date yr./mos. and date option Should any changes of oxvnership or changes in contracts for purchase subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. Detailed legal description of the propert~ covered by the application: (If space is inadequate, attach on separate page.) If request involves change to more than one zoning dismct, include separate legal description for property involved in each district. Applicant st~alI submit four (4) copies of a recent sur~'ey (completed within the last six months, ma;:imum 1" to 400' scale) if required to do so at the pre-application meeting. NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey ma,,' be required. Section' 2 3 Township: 4 7 Range: 2 7 Lot: Block: Subdivision: Plat Book Page #: Property I.D.#: 000961 60006 Metes & Bounds Description: See attached deed. Size of propert~': 633 fi.X 1278 ft. = Total Sq. Ft. Address"o~enernl location ofsubiect propertT: At-_ i-ho LiLac Lane and Immokalee Road. XPPL1CATI,'.'c F,;R PI'El,lC }tEARING FOR CONDITIONAL USE- 07.,'2000 Acres 13.93 (odd-shaped) norl-hw~ corner of AGENDA FEB 2 6 2002 C Adiacent zonin~ and land use~: Zoning Agric. N (MH overlay) ROW then Agric. S_(MH Overlays) Agric. Agric. W_I~H Ov~xka~) Land use Cow pasture. Immokalee Road, then house on 5 acres. Cow pasture/Sprint switchinq Mobile home on 5 acres. station. Does property oxvner own contiguous property to the subject property7 If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). No. Section: Tov~mship: Range: Block: Lot: __ Subdivision: Plat Book Page #: Property I.D.#: Metes & Bounds Description: Type of Conditional Use: This application is requesting conditional use # 7 & the Agricr. district for(rvPEoFus£)_ ChurCh and child care center. 1 1 of Present Use of the Property: Evaluation Criteria: Provide a narrative statement describing this request for conditional use. NOTE: Pursuant to Section 2.7.4. of the Collier County Land Development Code, staff's recommendation to the Planning Commission and the Planning Commission's recommendation to the Board of Zoning Appeals shall be based upon a finding that the granting of the conditional use will not adversely affect the public interest ~1~ :n rr~ s_nd specific requirements governing the individual conditional use, if any, have that further, satisfactory provision and arrangement have been made con following matters, where applicable. Please provide detailed response to APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 02/2000 PAG :erning the :ach~ t~,~ 2002 f~Q_EI 6 criterion listed bel'ow. Specify how and why the request (Attach additional pages as may be necessary). is consistent with each. Describe how the project is consistent with the Collier County Land Development Code and Growth Management Plan (include information on how the request is consistent with the applicable section or portions of the future land use element):. Churches and child care centers are permitted uses in the Agricultural/Rural - Mixed Use District of the ~gricultural/Rural Designation on the Future Land Use Map. Describe the existing or planned means of ingress and egress to the property and proposed structure thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Lilac Lane to Immeka!ee Read. Describe the effect the conditional use will have on neighboring properties in relation to noise, zlare, economic impact and odor: ~,,~ eh the .-,.-~nc,=~,q h,,~:q,~-¢ eh= project will have an inconsequential impact on neighboring properties. Describe the site's and the proposed use's compatibility xvith adjacent properties and other properties in the district: The proposed facilities t~i]] be easily compatible with neighboring properties, e o Please provide any additional information xvhich you may feel is relevant to this request. APPLICATI('~N FOR PUBLIC HEARING FOR CONDITIONAL USE- 0li2000 AGENDA ITEM/-3 FEB 26 2002 GE7 OF 16 lb 10. 11. Deed Restrictions_: The County is legally precluded from enforcing deed restrictions, however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. Previous l~and use petitions on the subject properW: To your knowledge, has a public heating been held on this property within the last year? If so, what was the nature of that heating? ~ Additional Submittal requirements: In addition to this completed application, the following must be submitted in order lor your application to be deemed sufficient, unless otherxvise waived during the preapplication meeting. b o A copy of the pre-application meeting notes; Sixteen (16) copies of a 24" x 36" conceptual site plan [and one reduced 8lA'' x 11" copy of site plan], drawn to a maximum scale of 1 inch equals 400 feet, depicting the following [Additional copies of the plan may be requested upon completion of staff evaluation for distribution to the Board and various advisory boards such as the Environmental Advisory Board (EAB), or CCPC]; · all existing and proposed structures and the dimensions thereof, · provisions for existing and/or proposed ingress and egress (including pedestrian ingress and egress to the site and the structure(s) on site), · all existing and/or proposed parking and loading areas [include matrix indicating required and provided parking and loading, including required parking for the disabled], · locations of solid waste (refuse) containers and service function areas, · required yards, open space and preserve areas, · proposed locations for utilities (as well as location of existing utility services to the site), · proposed and/or existing landscaping and buffering as may be required by the County, · location of all signs and lighting including a narrative statement as to the type, character, and dimensions (such as height, area, etc.); An Environmental Impact Statement CEIS), as required by Section 3.8. of the Land APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 02/2000 FEB 2 2002 OF 16 NOTARIZED LETTER OF AUTHORIZATION FROM PETITIONER RE: Conditional Use Petition for the Proposed SDA Church Northeast, Located at the NW Corner of Lilac Road and Immokalee Road, Collier County, Florida To Whom It May Concern: Please be advised that Hoover Planning & Dev., Inc., 3785 Airport Road North, Suite B-l, Naples, Florida 34105 and Keene Engineering, Inc., 1199 First Ave. South, Naples, Florida 34102 have been engaged by the petitioner/property owner shown below to act as authorized agents and to request necessary applications during the Conditional Use petition process and Site Development Plan process for the subject project. The petitionedproperty owner shown below acknowledges that all information provided to their agents and to Collier County is true to the best of their knowledge. Sincerely, Signature Printed Name/Title // ' STATE OF FLORIDA COUNTY OF COLLIER The. foregoing instrument was ,,~,~'L. ,2001 by w~ho is/are personally known to me or have p~oduced as identification and who did (did not) take an oath. acknowledged before me this ~ day of N~O,t a ry P'UDIIC Erinted Name My Commission Expires: SEAL FEB 2 6 2002 RESOLUTION NO. 02- A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF CHURCH ANT) CHILD CARE CENTER CONDITIONAL USES 7 AND 11 RESPECTIVELY IN THE "A-MHO" RURAL AGRICULTURAL ZONING DISTRICT PURSUANT TO SECTION 2.2.2.3 OF THE COLLIER COUNTY LANrD DEVELOPMENT CODE ON PROPERTY LOCATED IN SECTION 23 ,TOXVNSHIP 47 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORDA. WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and \VHEREAS, the Collier County Planning Commission, being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered tlm advisability of conditional uses "7" and "11" respectively of Section 2.2.2.3. in an "A-MHO" Rural A~icultural Zone with Mobile Home Overlay for a church and a childcare center, on the property hereinafter described, and has found as a matter of fact (Exhibit "A") that satisfactoD' provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 2.7.4.4 of the Land Development Code for tim Collier County Planning Commission; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE, BE IT RESOLVED, BY the Board of Zoning Appeals of Collier County, Florida that: The petition filed by Hoover Planning and Development, Incorporated, representing the NE Naples Seventh Day Adventist Church xvith respect to the property hereinafter described as: Exhibit "B" which is attached hereto and incorporated by reference herein. be and the same is !~e:'.zby approved for Conditional Uses "7" and "11" pursuant to Section 2.2.2.3 of the "A-MHO" Rural Agricultural Zoning District with Mobile Home Overlay for a FEB 6 002 church and childcare center in accordance with the Conceptual Master Plan (Exhibit "C") and subject to the following conditions: Exhibit "D" which is attached hereto and incorporated by reference herein. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this day of ,2002. ATTEST: D\VIGHT E. BROCK, Clerk BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA BY': JAMES N. COLETTA, CHAIRMAN .Approved as to Fom~ and Legal Sufficiency: Mmjorie M. Student Assistant County Attorney CU-20,51-).?,-!420 RB Io FEB 2 6 2002 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2001-AR-1420 The following facts are found: I. Section 2.2.3. of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Grow-th Management Plan: Yes ~'/ No Ingress and egress to property and proposed structures thereon xvith particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes //' No~ Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or , Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes/,// No Based on the above findings, this conditional u~with stipulations, (copy attached) (shouid not) be recommended for approval __ DAT2. MEMBER: EXHIBIT "A" FEB 2 6 2002 LEGAL DESCRIPTION Northeast 'A of the Southeast ¼ of the Southeast ¼ less and' except the East and South 30 feet thereof r~:5¢.'-ved for road purposes and the East ¼ of the Southeast ¼ of the Southea.~t ¼ of the Southeas~ 'A less and except the North and East and South 30 feet thereof reserved for road 'purposes of Section 23, Township 47 South, Range 27 East, of the Public Records of Collier County, 71ofida. CU-2001-AR-1420 EXHIBIT "B" FEB 2 6 2002 IIII I IIII I i I I CONDITIONS OF APPROVAL C U-2001 -AR-1420 This approval is conditioned upon the following stipulations: The Current Planning Manager may approve minor changes in the location, siting, or height of buildings, structures, and improvements authorized by the conditional use. Expansion of the uses identified and approved within this conditional use application, or major changes to the site plan submitted as part of this application, shall require the submittal of a new conditional use application, and shall comply with all applicable County ordinances in effect at the time of submittal, including Division 3.3, Site Development Plan Review and Approval, of the Collier County Land Development Code, Ordinance (91-102). Lilac Lane shall be paved from Immokalee Road to the project's driveway entrance. All road improvements must take place prior to the issuance of the first Certificate of Occupancy for this project. Construction of phases II and III shall not commence until the time that Immokalee Road is four laned to Everglades Boulevard. Phase I includes a 16,800 square foot church building and all outdoor recreational amenities. Phase II includes a 16,800 square foot expansion to the church. And Phase III includes a 2,400 square foot childcare center. The property owner shall dedicate free of charge to Collier County the right-of- way needed for the widening of Immokalee Road in lieu of constructing turn lanes. The County shall construct the turn lanes when needed. The petitioner shall have a Sheriff's Deputy direct traffic at the intersection of Immokalee Road and Lilac Lane just prior to and after church services. Fifteen (15) percent of the existing native vegetation on-site shall be retained as required in Section 3.9.5.5.4 of the Land Development Code. The applicant shall provide a 15' wide landscape buffer along the southern property line adjacent to Immokalee Road prior to the issuance of the first certificate of occupancy. At the time of site development plan review, the child care facility shall be located along the western property setback line on the subject site. EXHIBIT "D" FEB 2 6 2002 RESOLUTION NO. 02- A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF CHURCH AND CHILD CARE CENTER CONDITIONAL USES 7 AND 11 RESPECTWELY IN THE "A-MHO" RURAL AGRICULTURAL ZONING DISTRICT PURSUANT TO SECTION 2.2.2.3 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE ON PROPERTY LOCATED IN SECTION 23 ,TOWNSHIP 47 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA. ~,x,~IEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and X3;HEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and '~VHEREAS, the Collier County Planning Commission, being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of conditional uses "7" and "11" respectively of Section 2.2.2.3. in an "A-MHO" Rural Agricultural Zone with Mobile Home Overlay for a church and a childcare center, on the property hereinafter described, and has found as a matter of fact (Exhibit "A") that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 2.7.4.4 of the Land Development Code for the Collier County Planning Commission; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE, BE IT RESOLVED, BY the Board of Zoning Appeals of Collier County, Florida that: The petition filed by Hoover Planning and Development, Incorporated, representing the NE Naples Seventh Day Adventist Church with respect to the property hereinafter described as: Exhibit "B" which is attached hereto and incorporated by reference herein. be and the same is hereby approved for Conditional Uses "7" and "11" pursuant to Section 2.2.2.3 of the "A-MHO" Rural Agricultural Zoning District with Mobile Home Overlay for a FEB 2 6 2002 church and childcare center in accordance xvith the Conceptual Master Plan (Exhibit "C") and subject to the following conditions: Exhibit "D" which is attached hereto and incorporated by reference herein. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this day of ., 2002. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA BY: JAMES N. COLETTA, CHAIRMAN Approved as to Forn~ and Legal Sufficiency: .Mmjori~ ~'I. Stu~lent Assistant County Attorney CU-2001-AR-1420 RBlo FEB 2 6 2002 EXECUTIVE SUMMARY VA-2001-AR-1526, KRAFT CONSTRUCTION COMPANY, INC., REPRESENTING DIOCESE OF VENICE CATHOLIC CHURCH, REQUESTING A 6.5-FOOT VARIANCE FROM THE REQUIRED 30-FOOT FRONT YARD SETBACK TO 23.5 FEET FOR PROPERTY LOCATED AT 5225 GOLDEN GATE PARK'WAY, IN SECTION 28, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: The community's interest is maintained in a single-family neighborhood. CONSIDERATIONS: There is no land-related hardship with respect to this petition. The property in question is zoned RMF-3 and is developed with a church and a parochial school 'known as Saint Elizabeth Seton. The school's library is located on the second floor of one of the existing buildings. The library has only one exit. The Fire Code requires buildings over a certain size to have a secondary exit for safety purposes. The building is existing and was permitted without a secondary exit. Therefore, it is vested and not subject to the Fire Code requirements. However, several parents of children attending the school requested that a secondary means of exit be provided for the safety of their children. The building is constructed on the setback line, which makes it difficult to build a fire escape stairs without encroaching into the required setbacks. No objections to the proposed variance have been received. FISCAL IMPACT: Approval of this petition will have no fiscal impact on Collier County. GROWTH MANAGEMENT IMPACT: Approval of this variance xvill not affect or change the requirements of the Growth Management Plan. FEB 2 6 2002 ENVIRONMENTAL ISSUES: There are no unusual environmental issues associated with this petition. HiSTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is not located within an Area of Historical and Archaeological Probability as referenced on the official Collier County Probability Map. Therefore, no survey or Waiver of Historic and Archaeological Survey & Assessment is required. EAC RECOMMENDATION: The Environmental Advisory Council did not reviexv this petition because the EAC does not normally hear variance petitions. CCPC RECOMMENDATION: The Collier County Planning Commission heard this petition at its January 17, 2002 meeting. The CCPC saw this as a life-safety issue and voted 8 to 0 to fom, ard petition VA-2001-AR-1526 to the BZA with a recommendation of approval. PLANNING SERVICES STAFF RECOMMENDATION: There is no land related hardship associated with this variance. However, the proposed stairvcay is for an emergency exit. In addition, the school is currently raising funds and preparing plans to raze the existing building and construct a new school campus, therefore the encroachment will be short-lived. Therefore, Plmming Services staff recommended that the CCPC forward Petition VA-2001-AR-1526 to the BZA xvith a recommendation of approval. 2 AC~NOA ITEI,~ FEB 2 6 2002 pg._ 2-. PREPARED BY: KA~O~SELEM, AICP PRINCIPAL PLANNER REVIEWED BY: DATE SUSAN MURRAY, AICP / CURRENT PLAND4ING MANAGER & INTERIM PLANNING SERVICES DIRECTOR DATE APPROVED BY: JOSEPH K. SCHMITT / DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR execuUx e sunm~ary/VA-2001 -AR-1526 AGENDA ITEM FEB 2 6 2002 AGENDA ITEM 78-F TO: FROM DATE: RE: MEMORANDUM COLLIER COUNTY PLANNING COMMISSION COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION DECEMBER 10, 2001 PETITION VA-2001-AR-1526 AGENT/APPLICANT: Owner: Diocese of Venice 1000 Pine Brook Road Venice, FL. 34292 Agent: Kraft Construction Company, Inc. 2606 S. Horseshoe Drive Naples, FL. 34104 REQUESTED ACTION: The petitioner requests a 6.5-foot variance from the required 30 foot front yard setback to 23.5 feet for an unenclosed stairway. GEOGRAPHIC LOCATION' The subject property is located at 5225 Golden Gate Parkway and is further described as Blocks 204 and 205, Golden Gate Unit 6, in Section 28, Township 49 south, Range 26 east, Collier County, Florida. PURPOSE/DESCRIPTION OF PROJECT: The property in question is zoned RMF-3 and is developed with a church and a parochial school known as Saint Elizabeth Seton. The school's library is located on the second floor of one of the existing buildings. The library has only one exit. The Fire Code requires buildings over a certain size to have a secondary exit for safety purposes. The building is existing and permitted without a secondary exit. Therefore, it is vested and not subject to the Fire Code requirements. However, several parents of children attending the school requested that a secondary means of exit be provided for the safety of their children. 'he b,pjl~i_n~q is FEB 2 6 2002 It1111111 l i'i '~Tl"i'l I !1 I I I I I I I J[-I--JE]E~ constructed on the setback line which makes it difficult to build a fire escape stairs without encroaching into the required setbacks. SURROUNDING LAND USE AND ZONING: Subject property: Church and School; zoned RSF-3 Surrounding: North - Single family residences; zoned RSF-3 East Commercial, zoned C-4 South - Multi-family residences and church; zoned RMF-12 and PUD West - Single family residences; zoned RSF-3 HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is not located within an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, an Historical/Archaeological Survey and Assessment or waiver is not required. EVALUATION FOR TRANSPORTATION, INFRASTRUCTURE AND ENVIRONMENT IMPACTS: Approval of this variance request will have no effect on infrastructure, transportation or the environment. ANALYSIS: Section 2.7.5 of the Land Development Code grants the authority to the Board of Zoning Appeals to grant variances. The Planning Commission is advisory to the BZA and utilizes the provisions of Section 2.7.5.6.1 through 2.7.5.6.8, which are general guidelines to be used to assist the Commission in making a determination. Responses to the items in Section 2.7.5.6 are as follows: Are there special conditions and circumstances existing, which are peculiar to the location, size and characteristics of the land, structure or building involved? Yes, the building is existing and the addition of stairway for emergency exit will be within the required setbacks. Are there special conditions and circumstances, which do not result from the action of the applicant such as pre-existing conditions relative to the property, which is the subject of the variance request? FEB 2 6 2002 Pi:. fo ho The building was built according to the Fire Code requirements at the time of the development. A Fire Code change prompted the parents of the students attending the school to request a secondary exit from the library necessitating the request for a variance. Will a literal interpretation of the provisions of this Land Development Code work unnecessary and undue hardship on the applicant? No, there is no code requirement for a fire escape stairs for this building. However, parents worrying about their children's welfare are requesting that the school provide a second exit point from the library. Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety and welfare? Yes, the stairway, as proposed, will encroach 6.5 feet into the required setback. According to the building officials, it is the narrowest stairway, which will provide a safe emergency exit route to the children using the library. Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district? Yes, this variance will allow the petitioner to have a smaller front yard than would be permitted for a similar lot in the RSF-3 zoning district. Will granting the variance be in harmony with the general intent and purpose of this Land Development Code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare? No, granting of this variance will reduce the amount of the required yard, which will not be in harmony with the general intent and purpose of the LDC. However, approval of this request will be an enhancement to the public welfare. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf courses, etc.? No. Will granting the variance be consistent with the Growth Management Plan? FEB 2 6 2002 Approval of this variance will not affect or change the requirements of the Growth Management Plan. STAFF RECOMMENDATION: There is no Code requirement for this stairway. However, it is a safety measure that will help facilitate evacuation of the building in the event of an emergency. Therefore, staff recommends that the CCPC forward this petition to the BZA with a recommendation for approval. PREPA~J~D BY: C~M BADAMTCHIAN, Ph.D., AICP PRINCIPAL PLANNER DATE REVIEWED B~: SUSAJkl MURIS, AY, AICF CURRENT PLANNING MANAGER THOMAS E. KUCK, P.E. INTERIM PLANNING SERVICES DIRECTOR /.cf .0 c.. DATE /_ ,¢'-¢? DATE APPROVED BY~~_~ :~)MMUNI{'7( DEVELOPMEN & ENVIRONMENTAL SERVICES ADMINISTRATOR Petition VA-2001-AR-1526 COLLIER COUNTY PLANNING COMMISSION: JOYCEANNA J. RAUTIO; CHAIRMAN FEB 2 6 2002 VARIANCE PETITION (VARIANCE FROM SETBACK (S) REQUIRED FOR A PARTICULAR ZONING DISTRICT) Petition No. Commission District: VA-2001-AR-1526 Date Petition Received: PROJECT #19992845 DATE: 10/2/01 CHAHRAM BADAMTCHIAN Planner Assigned: ABOVE TO BE COMPLETED BY STAFF GENERAL INFORMATION: Petitioner's Name: Petitioner's Address: Diocese of Venice Catholic Church, John J. Nevis t000Pine Brook Rd. Venice, FL 34292 Telephone: 941-484-9543 Agent's Name: Agent's Address: Kraft C~n.qtruction Company, 2606 S. Horseshoe Dr. Inc. Naples, FL 341 04 Telephone: 941 -643-6000 as Bis] Application for Variance Petition - 8/98 AGENDA ITEM FEB 2 6 2002 age ~,~.f 8 q [__ COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE - NAPLES, FL 34104 PHONE (941) 403-2400/FAX (941) 643-6968 Complete the following for all Association(s) affiliated with this petition. (Provide additional sheets if necessary) Name of Homeowner Association: Mailing Address City State Zip, Name of Homeowner Association: Mailing Address City State ~ Zip Name of Homeowner Association: Mailing Address City State __ Zip Name of Master Association: Mailing Address City State Zip Name of Civic Association: Mailing Address City State ~ Zip PROPERTY DESCRIPTION: Legal Description of Subject Property: Subdivision: _~. a~:'A/' Section ~'~ Twp. Unit 6 Lot (s) Range ~'~ Property I.D. # Block(s) 204 & 2 0~ Metes & Bounds Description: see At-trachrn~nt-_ ~ 1 Application for Variance Petition - 8/98 A C.,~ A ITF..J~ FEB 2 6 2002. 2 of 8 lC) St' fliza~eth Seton School. Address of Subject Property: :2750 52nd Ter~'aV~ S.W.: Naples: (If different from Petitioner's address) ~ZZ~ ~'OL~'-~--/~ ~;;~47~ /~/('; FT, 3411 6 Current Zoning and Land use of Subject Parcel: RSF-'t Conditional Use Adjacent Zoning & Land Use: ZONING LAND USE N RSF-3 S RMF12,.& W C4 E RSF-3 FUD Sinqle Family Residential Church and Multi-Family Commercial Single Family Minimum Yard Requirements for Subject Property: Front: Comer Lot: Yes [] No [] Side: Waterfront Lot: Yes ~ No Rear: Application for Variance Petition - 8/98 FEB 2 6 2002 Nature of Petition Provide a detailed explanation of the request including what structures are existing and what is proposed; the amount of encroachment proposed using numbers, i.e. reduce front setback from 25' to 18'; when property owner purchased property; when existing principal structure was built (include building permit number (s) if possible); why encroachment is necessary; how existing encroachment came to be; etc. All hnil~ing ~ruchure~ ~rp ~wi~ing~ mh~ petition is for the addition of an exit stair within the building setback~ and will allow second floor secondary egress from an existing school libra~..y. The addition of ~h~ ~gr~ ~emiw nccur$ wSthin ~hp b]]il~ing setback due to placement of the ekisting building construction on the setback limits, the confiquration of the building interior spaces will not allow placement of the stair to avoid the setback encroachment. A secondary exit stair is proposed for life safety purposes and will be temporary until a new building is constructed in future phases of the school re-development plan. FEB 2 6 2002 Application for Variance Petition - 8/98 Please note that staffand the Collier County Planning Commission shall be guided in their recommendation to the Board of zoning Appeals, and that the Board of zoning appeals shall be guided in its determination to approve or deny a variance petition by the below listed criteria (1-8). (Please address this criteria using additional pages if necessary.) Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land, structure, or building involved. Please see our comentary under the n~nr~ of p~ikion. Are there special conditions and circumstances which do not result from the action of the applicant such as pre-existing conditions relative to the property which is the subject of the variance request. Please see our comentary under the nature of petition. Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship on the applicant or create practical difficulties on the applicant. Undue hardship is possible life safety e×i~ing c~nc~rn$ from a school library. Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety or welfare. Tho minim,~m possible varianco ia roq,~sted_ Application for Variance Petition - 8/98 FEB Pi[. Pag -sol 8 2 6 2002 Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district. NO, no special privilege is granted. Willgrantingthevafiancebeinharmonywi~ theintentandpu~oseof~iszoningcode, andnotbe ~udoustotheneighborhood, orothe~isedetrirnenmlt° thepublicwelhre. Yes, the stair location is partially obscured by tre~ and is not detrimental to the public welfare, Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf course, etc. No. 8. Will granting the variance be consistent with the growth management plan. Yes. Application for Variance Petition - 8/98 AGF~IDA ITE~ FED 2 6 2002 Page 6 of 8 VAtLMNCE PETITION APPLICATION SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET! RE Q UIREMEN TS # o F COPIES REQUIRED 1. Completed Application 15 2. Completed Owner/Agent Affidavit, Notarized 1 3. Pre-application notes/minutes 15 4. Survey of property, showing the encroachment 1 (measured in feet) 5. Site Plan depicting the following: 15 a) All property boundaries & dimensions b) Ali existing and proposed structures (labeled as such) c) North arrow, date and scale of drawing d) Required setbacks & proposed setbacks 6. Location map depicting major streets in area for 1 reference 7. Pre-Application fee, Applicaton fee and Data Conversion - fee, checks shall be made payable to Collier County Board of Commissioners 8. Other Requirements- - As the authorized agent/applicant for this pe~ ti included in this submittal package. I under.., nd that ~ffure result in the delay of processing o~./~ ..~pl4e,,a~Agent Signatu3d Application for Variance Petition - 8/98 that all of the information indicated on this checklist is to include all necessary submittal information may Date FEB PC. Pa ~3Mff4t 2 6 2002 AFFIDAVIT We~I, _ ~!di +~ ~. IV[an [~owsL'~ being first duly sworn, depose and say that weft am/are the owners of the property described herein and which is the subject ~natter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. We/I understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. As property owner We~I further authorize ~f'O t~4 (~ot~,sJrr-t~ c~'i on Co. to act as our/my representative in any matters regarding this Petition. si~atw, e of PrOperty ~)wner (A~jeM) Signature of Property Owner 'Typed or Printed Nam~ of t:hvner( Typed or.Printed Name of Owner The foregoin~,nstrument was acknowledged before me this ~o ~__ day of ~~~ d~Oz~l/by ~'~{t44~ ~Y' D/[8'~}~'r~d' who is personally known to me or ~as produced as identification. State of Florida County of Collier Application for Variance Petition - 8/98 (Sight're of Notary Public - State of (Print,/Type, or Stamp Comn Name of Notary Public) Page 8 issio~ed I' t L./. FEB 2 6 2002 RESOLUTION NO. 02- RELATING TO PETITION NUMBER VA-2001-AR-1526 FOR A VARIANCE ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORDA. W'HEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances; and WHEREAS, the Board of Zoning Appeals, being the duly elected constituted Board of the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a 6.5-foot variance from the required front yard setback of 30 feet to 23.5 feet as shown on the attached plot plan, Exhibit "B", in a RSF-3 Zone for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Section 2.7.5 of the Zoning Regulations of said Land Development Code for the unincorporated area of Collier County; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled, and the Board having considered all matters presented; NOW, THEREFORE, BE IT RESOLVED BY the Board of Zooning Appeals of Collier County, Florida, that: The Petition VA-2001-AR-1526 filed by Kraft Construction Co., representing Bishop Joi-m J. Nevins, with respect to the property hereinafter described as: (See Exhibit "A") be and the same hereby is approved for a 6.5-foot variance from the required front yard setback of 30 feet to 23.5 feet as shown on the attached plot plan, Exhibit "B", of the RSF-3 Zoning District wherein said property is located, subject to the following condition: This variance is only for an unenclosed and unroofed stairway, as shown in Exhibit "B". All other additions and new consstructions must comply with the requirements of the Collier County Land Development Code. BE IT RESOLVED that this Resolution relating to Petition Number VA-2001-1526 be recorded in the minutes of this Board. A~A ITEI~ FEB 2 6 2002 This Resolution adopted after motion, second and majority vote. Done this day of ,2002. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA Approved as to Form and Legal Sufficiency: BY: JAMES D. CARTER, Ph.D., CHAIRMAN Ma~jorie M. Student Assistant County Attorney FEB 2 6 2002 LEGAL DESCRIPTION., (O.R. 1112, PG. 1617) ALL OF BLOCI( 204 AND 205 UNIT 6 OF GOLDEN GATE ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK.5, PAGES 124-134,, INCLUSIVE OF THE PUBLIC RECORDS OF COLIJER COUNTY, FLORIDA. :.' THAT PORTION OF 53rd STREET S.W. BETWEEN BLOCKS 204 AND 205, AS WELL AS CERTAJN EASEMENTS BETWEEN INDIVIDUAL LOTS wrI'HIN BLOCKS '204 AND 205, WERE VACATED BY COLLIER COUNTY._RESOLLTTION NUMBER 79-20 RECORDED IN OFFICIAL RECORD BOOK 795 AT PAGE 1734 OF THE PUBLJC RECORDS OF COLUER COUN'FY, FLORIDA. EXHIBIT "A" VA-01-AR-152~ FEB 2 6 2002 Sep f/ lei O1 10: 32a Spectrum ~n~tneer~n~ STAIRS 1 EXHIBIT "B" VA-01-AR-1526 PEilTION CU-~8-1 Exhibit "B SC,ALE: 4" · I'-~" 5~.IALL EE OJ'T r--f~::~ 2 x r~ ~,_ F~E CF EXI5T~NG 544.,q'TER F~CE OF EXISTING E~LI~LDIqG 5~IJTTE~ Ehr';L'OSUI~ FIELD ',,15~>i¢Y E~T ~L~ L~TI~ ~ ~ ~ L~ L~ ~ U~~ FL~ PL~ ~E: %" · r-~" FEB 2 6 2002 Sheet I of 2 AVPLAT2001-AR1835 EXECUTIVE SUMMARY PETITION AVPLAT2001-AR1835 TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY'S AND THE PUBLIC'S INTEREST IN THE 15' WIDE DRAINAGE EASEMENT LOCATED ALONG THE LOT LINE COMMON TO LOTS 7 AND 8, ACCORDING TO THE PLAT OF "MEDITERRA PARCEL 111" AS RECORDED IN PLAT BOOK 37, PAGES 8 THROUGH 9, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. LOCATED IN SECTION 11, TOWNSHIP 48 SOUTH, RANGE 25 EAST. OBJECTIVE: To adopt a Resolution to vacate the 15' wide Drainage Easement on Lots 7 and 8, "Mediterra Parcel 111 ." CONSIDERATIONS: Petition AVPLAT2001-AR1835 has been received by Engineering Services from Barraco and Associates, Inc. as agent for the petitioner, Long Bay Partners LLC, requesting the vacation of the 15' wide Drainage Easement located along the lot line common to Lots 7 and 8, according to the plat of"Mediterra Parcel 111" so that a proposed building can be constructed over the lot line. The Petitioner o~vns all lands within 250 feet of the the proposed easement vacation so there is no list of adjacent property o~vners. Letters of no objection have been received from Collier County Engineering Services, Collier County Stormwater Management, Long Bay Partmers LLC and Mediterra Community Association, Inc. Zoning is PUD. FISCAL IMPACT: Planning Services has collected a $1,000 "Petition to Vacate" fee from the petitioner which covers the County's cost of advertising, recording and processing the Petition. GROWTH MANAGEMENT IMPACT: None FEB 2 6 2002 Sheet 2 of 2 AVPLAT200 I-AR1835 PLANNING SERVICES STAFF RECOMMENDATION: That the Board of County Commissioners: 1. Adopt the Resolution for Petition AVPLAT2001-AR1835 for the vacation of the 15' wide Drainage Easement as described therein; and 2. Authorize the execution of the Resolution by its Chairman and direct the Clerk to the Board to record a certified copy of the Resolution in the Official Records; and 3. Request the Clerk to the Board to make appropriate marginal notes on the recorded plat. PREPARED BY: ~',~a~/ ~_m~t,,'~ Rick Grigg, P.S.M. Planning Services DATE: ! Thomas E. Kuck, P.E. Engineering Services Director, Interim Planning Director DATE: J, rs,e/l~h K. Schn~'itt, Administrator ~(~p/mmunity Development & Environmental Services 2002 6 7 8 9 10 11 12 13 RESOLUTION NO. 2002- _ RESOLUTION FOR PE'ITrION AVPLAT2001-AR1835 TO DIS~, RENOUNCE AND VACATE THE COUNTY'S AND THE PUBLIC'S INTEREST IN THE 15' WIDE DRAINAGE EASEMENT LOCATED ALONG THE LOT LINE COMMON TO LOTS 7 AND 8, ACCORDING TO THE PLAT OF "MEDITERRA PARCEL 111" AS RECORDF..D IN PLAT BOOK 37, PAGES 8 THROUGH 9, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. LOCATED IN SECTION 11, TOWNSHIP 48 SOUTH, RANGE 25 EAST. WHEREAS, pursuant to Section 177.101, Florida Statutes, Bm and Associates, Inc. as agent 14 for the petitioner, Long Bay Par'mers LLC, does hereby request the vacation of the 15' wide Drainage 15 Easement along the lot line common to Lots 7 and 8, as depicted on the plat of"Mediterra Parcel 111" as 16 recorded in Plat Book 37, Pages 8 through 9, Public Records of Collier County, Florida, located in 17 Section 1 l, Township 48 South, Range 25 East; and 18 WHEREAS, the Board has this day held a public hearing to consider vacating said 15' wide 19 Drainage Easement along the lot line common to Lots 7 and 8, as more fully described below, and notice 20 of said public hearing to vacate was given as required by law; and 21 WHEREAS, the granting of the vacation will not adversely affect the ownership or right of 22 convenient access of other property owners. 23 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF 24 COLLIER COUNTY, FLORIDA, fi'mt the County's and the Public's interest in a Drainage Easement in 25 the following more particularly described lands be and is hereby disclaimed, renounced and vacated: 26 See Exhibit "A" attached hereto and incorporated herein. 27 BE IT FURTHER RESOLVED, that the Clerk to the Board is hereby directed to record a 28 certified copy of this Resolution in the Official Records of Collier County, Florida, and to make proper 29 notation of this vacation on the recorded plat as referenced above. 30 This Resolution is adopted this ~ day of ,2002, after motion, second and 31 mai ority vote favoring same. DATED: ATTEST: BOARD OF COUlqTY COMMISSIO~ DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Deputy Clerk BY: James N. C~letta, Clmirman Approved as to form and legal Pa~"i-ck O. V,~te, Esq. Assistant County Attorney A C~F_./,~D A ITEM FEB 2 2002 Pi. ~'~ H.L~ION i ITF.~ 2002 ,,,j PETITION Attachment "B" FORM FOR VACATION OF PLATS OR OF PLATS OF SUBDIVIDED LAND Date Received:~[~L~7-~~ PORTIONS Petition #: Petitioner:~Parmers, LLC Address:___3451 Bonita Bay Blvd, Suite 202 City/State: _Bonit~rings Telephone:_941-495-1000 Zip Code:__~34134 Agent: Barraco and Associates Inc. Address: 2____121 We~st First St., Suite City/State:__~Fort Myers Telephone :_941-461-3170 Zip Code:__~33901 Address of subject Property:_ Location: Section 11 Township 48S Range. 25E Subdivision:~Mediterra Parcel 111 Legal Description: Lot__7 and 8 Block Unit Plat Book 37._~_~__ Page(s)_~8 and 9 Reason for Request: Vacation of draina e easement for construction of a residential home Current Zoning:_ R Does this affect density? No I herebv auti~,rize ~,ent ~bove to represe~ me for this petition: [~ Yes ['-] No f - - - Date §ig~n~ture of p~e~tioner Vice President of Bonita Bay Properties, Inc. David H. Graham _Managing Member of Long Bay Parmers, LLC~ __ (Title) Print Name Please see "Policy and Procedure for the Vacation and Annulment of Plats or Portions of Plats of Subdivided Land" for the list of supportive materials which must accompany this petition, and deliver or mail to: Community Development & Environmental Services Division Planning Services Department 2800 North Horseshoe Dr. Naples, Florida 34104 (1) If applicant is a land trust, indicate the name of beneficiaries. (2) If applicant is a corporation other than a public corporation, indicate the name of officers and major stockholders. (3) If applicant is a partnership, limited partnership or other business entity, indicate the name of principals. (4) List all other owners. ~o,_ . _ FEB 2 6 2002 Attachment B P ._ Page 4 of 4 Official Receipt - Collier County Board of County Commissioners CDPR1103 - Official Receipt ITrans Number Date Post Date Payment Slip Nbr 302945 12/6/2001 10:18:29 AM 12/6/2001 AR 1835 Appl Name: BARRACO & ASSOCIATES, INC. Appl Stage/Status: COMPLETENESS STAGE/PENDING Address: 2121 WEST FIRST ST. SUITE 4 FT. MYERS FL 33901 Proj Name: MEDITERRA PARCEL 111 Type: RSF TAZ: Subdiv Nbr: 100 Project Nbr: 2001030021 Payor · BONITA BAY Fee Information Fee Code I Description I GL Account 12TRVC !REVACCT/VAC EASEMENT-ROW 110116361032910000000 Amount I $1000.00 Total L $1 ooo.oo Waived Payments Payment Code CHECK I Account/Check Number 167953 Amount S1000.00 Memo: Total Cash $0.00 Total Non-Cash $1000.00 Total Paid [ $1000.00 Cashier/location: MCCAULEYKATY 1 User: SMITH_G Collier County Board of County Commissioners CD-Plus for Windows 95/NT FEB ~_ 6 2002 ~nt By: Barraco and Assoc&ates, Inc.; Received: 12/10/01 8:54AM; 12/10/200'1 09:24 FAX 941 498 1193 )arcel 941 498 1193 -> Barraco and Assoclate8o B~PI Collier County Tax Collector 3301 Tamiami Trail East, Naples. FL 34112-4997 2001 Tax Roll Inquiry System ~oo2 Page I OWNER INFORMATION '°~° ''"^~ p^.T.~.s ~LC i '~dre~:li-~451 BONITA BAY BLVD STE 202 PROPERTY INFORMATION IP~=l:llo0~s?2ooo* Il A~:l[2~o.o* i-c~1114~4 ~E" E W^~ 48 25 ALI. LESS S 1/2OF S 2627 ~ 1101. L.E~ coNSER- L A~-----~" L~ONITA SPRINGS, FL 34134-4354 V~LUEJEXEMPTIONS rTAX INFORMATION i PAYTERMS lid PAY~ENTINFO TaxbteVa~J':l17127401 I '~:l(27'9s3'71' I ~192.s3s'70 J! [' Pai~lDt:llll/30/0't ~, C~:11~52 I ~ S~]Ia2,STO.aS ;I ~:J[93,00~.73 I R~:ii~s~7 a~d~]{O D~1¢.752.57,, l: ~[0,00 ) [- S~ATUS INFO. c~ ~]Io I Ae-~,'.I~:Go I [ COMMENTS Non Ad Valorem Amount Included In Gross T~ NON AD VALOREM INFORMATION J~<rz2 JLME.,~R.A JL. EO~ ILo-G0 Community Improvement EXTRA LEGAL INFORMATION IPORTION OF 8 AS DESC IN OR 26~5 PG 2248. LESS MEDITERRA UNFT ONE, LESS MEDITERRA PARCELS It D5,108,107,109,110 & 106. LESS M EDITERRA UNIT TWO, LESS MEDITERRA PARCELS 111 & 112 LESS 4AC,4C,SC,g,I 0.16C. AND 17 DESC IN OR 2871 PG 2479 Last Updated: 12/9/2001 5:00pm .o. lq FEB 2 6 2002 P~. ~ _ This Instrument Prepared By: JEFF J. McKIBBEN Attorney At Law Post Office Box 1748 Wauchula, FL 33873 Property Appraiser's Parcel Identification No. 001457-600 OI Grantee's ID No. 2329677" OR: .2427 PG: 2966" 0~/08/58 a~ 09:HH ~I~ ~. H0CI, C~HI 1920000.00 UC IH 10.50 DOC-.?0 13{{0.00 SPEC~A'L WARRANTY DEED THIS INDENTURE, made this/~ dayof, t~,,/&. ,1998, betweenDAVID THOMAS PIPER, as Trustee of the Lucille Josephine Piper Trust dated February 26, 1986, with .the power and authority either to protect, conserve and to sell, or to lease or to encumber, or to otherwise manage and dispose of the real property described in this instrument as more specifically set forth in Florida Statute 689.0071, and individually, 1845 Ken McCloud Road, Wauchula, Florida, 33873, grantor, to LONG BAY PARTNERS LLC, a Florida limited liability company, 3451 Bonita Bay Boulevard, Suite 202, Bonita Springs, Florida 34134-4395, grantee, WlTNESSETH, that said grantor, for and in consideration of the sum ofTEN AND NO/100 ($10.00) DOLLARS, and other- good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confn-ms to the said grantee, and grantee's successors and assigns forever, the following-described land, situate, lying and being in COLLIER County, Florida, to-wit: The North Half(N 1/2) oft. he'West Half(W 1/2) of the West Half(W 1/2) of Section 11, Township 48 South, Range 25 East, lying, situate, and being in Collier County, Flori .cl& containing 8031 acres +/-. SUBJECT TO ad valorem taxes and assessments for the year 1998 and all subsequent years. TOGETHER, with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the same in fee simple forever. AN'I) the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land, and hereby warrant the title to said land and will defend the same against the lawful claims of all persons claiming by, through or under the grantor but against none other. ~c_,v_~ ~xr~ This property is not thc homestead of Grantor who resides at Wauchula, Hardee County, Florida. FEB 2 6 2002 OR: 2427 PG: 2967 IN WITNESS WI-IEREOF, grantor has hereunto set h.is hand and seal the day and year first ~ove written. Signed, sealed and delivered in the presence of: Print Name OM~$ PIPER,~mstee Of the Lucille Josephine Piper Trust dated February 26, 1986, and individually STATE OF FLORIDA: cOUNTY OF HARDEE: THE FOREGOING INSTRUMENT was acknowledged before me this / ~ day of ~, 1998, by DAVID THOMAS PIPER, Trustee of the Lucille Josephine Piper Trust dated February 26, 1986, and individually, who is personally known to me. FEB 2 6 2002 COLLIER COUNTY GOVERNMENT COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION December 6, 2001 PLANNING SERVICES DEPARTMENT 2800 NORTH HORSESHOE DRIVE NAPLES, FL 34104 Mr. Carl Barraco, P.E. Barraco & Associates, Inc. Post Office Drawer 2800 Fort Myers, FL. 33902 RE: Mediterra Parcel 111, vacation of drainage easement Dear Mr. Barraco: %re have reviexved the request to vacate the 15' drainage easement between Lots 7 and 8 of Mediterra Parcel 111, and have "no objection" to the proposed vacation. We are currently reviexving the construction plans which re-direct the drainage. If I can be of any further assistance to you in this regard, please let me know. Collier County Government A~A ITEM FEB 6 2002 PHONE (941) 403-2400 FAX (941) 643-6968 ~wav. co.collier, fl.us Barraco and Associates, Inc. www.barraco.net Civil Engineers, Land Surve>r)rs and Consultant,, -7 .li iD: November 6, 2001 John H. Boldt Director Collier County Stormwater Management 2685 S. Horseshoe Drive, Suite 212 Naples, Florida 34104 Re: Mediterra Parcel 111, Drainage Easement Vacation Dear Mr. Bolt: Enclosed for };our convenience is a copy of the Mediterra Parcel 111 Subdivision Plat. It is the Owner's intention to rex-ise the approved construction plans and omit the drainage conveyance on the common boundary of Lots 7 and 8, so that Lots 7 and 8 may potentially be combined in the future. Note number 10 on the Cover Sheet of the Plat dedicates drainage easements to Collier County with no responsibility for maintenance. A request to vacate the easement ~411 be submitted to Collier County, which requires a letter of No Objection from Collier County Water Management. Since the drainage easement serves no purpose other than to drain the Celle Way cul-de-sac, which x~411 now drains to the east, a Letter of No Objection is hereby requested (please see attached copy of Collier County Attachment "B" page 2 of 4). If you should have any questions or require additional information, please advise. Very truly yours, B.~IL~.CO ,~.ND ASSOCIATES, INC. Carl A. Barraco, P.E. CAB/af 21514 cc: Vince Barraco Post Office Drawer 2800 · Fort Myers, FL 33902 Phone (941) 461-3170 · Fax (941) 461-3169 AGENDA iTEM FEB 2 6 2002 The Bonita Bay Group October 30, 2001 To: Collier County Board of County Commissioners RE: Mediterra Parcel 111 To Whom It May Concern: Please be advised that Long Bay Partners, LLC has no objections to the vacation of the drainage easement located between lots 7 & 8 of Parcel 111 at Mediterra, said parcel plat, recorded in OR 37, Pages 8 & 9, of Collier County public records. I, David Graham, Vice President of Bonita Bay Properties, Inc, Managing Member of Long Bay Partners, LLC, have no objections to the proposed vacation as described above. Sincerely, David H. Graham Vice President of Bonita Bay Properties Inc. Managing Member of Long Bay Partners, LLC FEB 2 6 2002 Bonita Bay Properties Inc. ° Bonita Bay Executive Ce ter I ~1451 Bonita Bay Blxd · Suite ~0'2 · Bonita Springs · .)_ _r;7_ · Web: xxxvx~.bonitabavgroup.com Phone: (941) 49.~-Io0{) Vax: (941) t) ........ October 30, 2001 To: Collier County Board of County Commissioners RE: Mediterra Parcel 111 To Whom It May Concern: -o. ,,=~ be advised that Mediterra Community Association, Inc. has no objections to the vacatio~t of the drainage easement located between lots 7 & 8 of Parcel 111 at Mediterra, sa~6 .~,,~:-cel plat, recorded in OR 37, Pages 8 & 9, of Collier County public records. ' i!, S=:eve Pietryzk, General Manager of Community Operations for Mediten'a Community ~,s~a,';:ation, Inc., have no objections to the proposed vacation as described above...' Sincerely, Steve Pietryzk General Manager of Cormmunity Operations Mediterra Community Association, Inc. MEDITERRA COMMUNITY ASSOCIATION, IN 15836 Savona Way · Naples · Florida 34110 941-566-2925 ® Fax 941-596.6677 FEB 2 6 2002 DEDICATIONS STATE OF FLORIDA COUNTY OF COLLIER KNOW ALL MEN BY THESE PRESENTS, THAT LONG BAY PARTNERS LLC, A FLORIDA LIMITED LIABILITY COMPANY, THE OWNERS OF THE HEREIN DESCRIBED LANDS HAS CAUSED THIS PLAT OF 'MEDITERRA PARCEL 111', A SUBDIVISION LYING IN SECTION 11, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, TO BE MADE AND HEREBY: 1. DEDICATES TO THE MEDITERRA COMMUNITY ASSOCIATION, INC.: A. ALL'ROADWAYS SHOWN AS TRACT 'R' WITH RESPONSIBILITY FOR MAINTENANCE. -c>-B. ALL DRAINAGE EASEMENTS (D.E.), PRIMARY DRAINAGE EASEMENTS (P.D.E.), PUBLIC UTILITY EASEMENTS (P.U.E.), AND ACCESS EASEMENTS (A.E.). C. TRACTS 'A' AND 'B' AS LANDSCAPE BUFFERS, SUBJECT TO PUBLIC UTILITY EASEMENTS ON TRACTS 'A' AND 'B'. 2. RESERVES TO LONG BAY PARTNERS LLC THE RIGHT OF INGRESS AND EGRESS OVER AND ~ ACROSS TRACT 'R', ALL DRAINAGE EASEMENTS. (D.E.), ALL PRIMARY DRAINAGE EASEMENTS (P.D.E.) AND ALL ACCESS EASEMENTS (A.E.). DEDICATES TO ALL PROPERTY OWNERS, INCLUDING ANY COMMUNITY DEVELOPMENT DISTRICT WHICH OWNS PROPERTY IN MEDITERRA PARCEl. 111, THE PERPETUAL USE OF AND RIGHT OF INGRESS AND EGRESS OVER AND ACROSS, TRACT 'R'. DEDICATES TO FEDERAL, STATE AND LOCAL GOVERNMENTAL AGENCIES AND DEPARTMENTS, AND TO ALL PUBLIC UTILITIES AS-DEFINED BY FLORIDA LAW, AS MAY BE AMENDED FROM TIME TO TIME, WHETHER PRIVATELY OR GOVERNMENTALLY OWNED, FOR USE IN THE PERFORMING AND DISCHARGING OF THEIR RESPECTIVE OFFICIAL DUTIES AND OBLIGATIONS TO PROVIDE UTILITY AND OTHER GOVERNMENTAL SERVICES: A. A NON-EXCLUSIVE, PERPETUAL PUBLIC UTILITY EASEMENT OVER, UNDER AND AcROss TRACT'R'. B. ALL PUBLIC UTILITY EASEMENTS (P.U.E.)SHOWN HEREIN. THE PUBLIC UTILITY EASEMENT8 DESCRIBED IN A AND B ABOVE MAY ALSO BE USED FOR. THE CONSTRUCTION, INSTALLATION, MA}NTENANCE AND OPERAT_!O_ N' O..F.__C~...L.E. .... TELEVISION SERVICES, PROVIDED, HOWEVER, SUC~ MAINTENANCE, AND OPERATION (I) SHAU. NOT INTE SERVICE8 OF AN ELECTRIC,TELEPHONE, GAS, OR ( COMPLY WITH THE NATIONALELECTRIC SAFETY CC PUBLIC SERVICE COMMISSION. IN THE EVENT A CI THE FACILITIES OF A PUBLIC UTILITY, IT SHALL BE .~ DAMAGES. ALL FACILITIES CONSTRUCTED OR INSTALLED BY A UTILITY EASEMENTS DESCRIBED IN A AND B ABOVE COMPANIES, SHALL BE PLACED UNDERGROUND. DEDICATES TO THE MEDITERRA SOUTH COMMUNIT IN PERFORMING AND DISCHARGING ITS RESPECTI~ ALL PRIMARY DRAINAGE EASEMENTS (P.D.E.), FOR MAINTENANCE AND ACCESS, RESERVING, HOWEVl FEB 2 6 2002 7. DEDICATES TO COLLIER COUNTY WATER-SEWER DISTRICT ALL COUNTY UTILITY EASEMENTS INDICATED (C.U.E) WITH NO RESPONSIBILITY FOR MAINTENANCE. LONG BAY PARTNERS LLC, A FLORIDA LIMITED LIABILITY COMPANY, ITS SUCCESSORS AND/OR ASSIGNS WILL BE RESPONSIBLE FOR THE COST OF ANY AND ALL REPAIRS, REPLACEMENT, MAINTENANCE OR RESTORATION OF THE EASEMENT AREA. 8. DEDICATES TO COLLIER COUNTY WATER-SEWER DISTRICT ALL POTABLE WATER AND SEWER FACILITIES CONSTRUCTED WITHIN THIS PLATTED AREA, UPON ACCEPTANCE QF THE IMPROVEMENTS REQUIRED BY THE LAND DEVELOPMENT CODE. 9. DEDICATES TO COLLIER COUNTY, ITS FRANCHISEES AND THE NORTH NAPLES FIRE DISTRICT, AN ACCESS EASEMENT OVER AND ACROSS TRACT 'R' FOR THE SOLE PURPOSE OF PERMITTING EMERGENCY AND OTHER SERVICE VEHICLES TO GAIN ACCESS TO ALL EXISTING AND FUTURE TRACTS AND LOTS WITHIN THE MEDITERRA PARCEL 111 PROPERTY. 10. DEDICATES TO COLLIER COUNTY ALL PRIMARY DRAINAGE EASEMENTS (P.D.E.) AND ALL DRAINAG~ (D.E.) WITH NO RESPONSIBILITY FOR MAINTENANCE. LONG BAY -PARTNERS LLC, A FLORIDA LIMITED LIABILITY COMPANY, ITS SUCCESSORS AND/OR ASSIGNS WILL BE RESPONSIBLE FOR THE COST OF ANY AND ALL REPAIRS, REPLACEMENT, MAINTENANCE OR RESTORATION OF THESE EASEMENT AREAS. SECq NOTICE: THERE MAY BE ADDITIONAL RESTRICTIONS THAT ARE NOT RECORDED ON THIS PLAT THAT MAY BE FOUND IN THE PUBLIC RECORDS OF THIS COUNTY. THIS PLAT, AS RECORDED IN ITS GRAPHIC FORM, IS THE OFFICIAL DEPICTION OF THE SUBDIVIDED LANDS HEREIN AND WILL IN NO CIRCUMSTANCES BE SUPPLANTED IN AUTHORITY BY ANY OTHER GRAPHIC OR DIGITAL FORM OF THE PLAT, WHETHER GRAPHIC OR DIGITAL. FEB ~ ~ ~00~ RESOLUTION NO. 2002- RESOLUTION FOR PETITION AVPLAT2001-ARlS35 TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY'S AND THE PUBLIC'S INTEREST IN THE 15' WIDE DRAINAGE EASEMENT LOCATED ALONG THE LOT LINE COMMON TQ LOTS 7 AND 8, ACCORDING TO THE PLAT OF "MEDITERRA PARCEL 111' AS RECORDED IN PLAT BOOK 37, PAGES 8 THROUGH 9, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. LOCATED IN SECTION 11, TOWNSHIP 48 SOUTH, RANGE 25 EAST. WHEREAS, pursuant to Section 177. I 01, Florida Statutes, Barraco and Associates, Inc. as agent for the petitioner, Long Bay Partners LLC, docs hereby request the vacation of the 15' wide Drainage Easement along the lot line common to Lots 7 and 8, as depicted on the plat of "Mediterra Parcel 11 I" as recorded in Plat Book 37. Pages 8 through 9. Public Records of Collier County, Florida, located in Section I 1, Township 48 South, Range 25 East: and WHEREAS, the Board has this day t'.cld a public hearing to consider vacating said 15' wide Drainage Easement along the lot line common m Lots 7 and S, as more £ully described below, and notice of said public hearing to vacate was given as required by law; and x,¥q-IEREAS, the granting of the vac,-.:ion will not adversely affect the ownership or right of convenient access of other propert3: owners. NOW, THEREFORE, BE IT RESOLVED BT THE BOARD OF COU2,,*TY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the Coutqty's and the Public's interest in a Drainage Easement in the following more particularly described lands be and is hereby disclaimed, renounced and vacated: See Exhibit "A" attached hereto and incorporated herein. BE IT FURTHER RESOLVED, that tlne Clerk to the Board is hereby directed to record a certified copy of this Resolution in the Official Records of Collier County, Florida, and to make proper notation of this vacation on the recorded plat as referenced above. This Resolution is adopted this day of second and majority vote favoring same. DATED: ATrEST: DWIGHT E. BROCK, Clerk Deputy Clerk , 2002, after motion, BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: James N. Coletta, Chairman ,,~M~roved as tolform and l~al Patrick G. White, Esq. Assistant County Attorney FEB 2 6 2002 79 7 50,306 sf 6 57,772 sf 31,602 sf 35,75 8 54,334 sf C30 C41 NW 1/4 ;K--~-AMPED 10/11 FEB 2 6 2002