The URL can be used to link to this page

Agenda 03/12/2002 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA March 12, 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 SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS". ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (5) MINUTES UNLESS PERMISSION FOR ADDITIONAL TIME IS GRANTED BY THE CHAIRMAN. IF YOU ARE A 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 March 12, 2002 INVOCATION AND PLEDGE OF ALLEGIANCE A. Reverend Mary Anne Dorner, Church of the Resurrection 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. February 12, 2002 - Regular Meeting C. February 19, 2002 - Workshop Minutes PROCLAMATIONS A. Proclamation recognizing Family and Consumer Sciences Programs. To be accepted by Jan Bennett. B. Proclamation to recognize Friends of the Museum. To be accepted by Mr. Jim Underwood, President, Friends of the Museum. C. International Learning Academy to be recognized as a Second Chance High School. To be accepted by Valaree Maxwell, President and twelve of her students. SERVICE AWARDS Five-Year Attendees; 1) Gumersindo Esperon, Transportation 2) Heriberto Hartnack, Veteran Services Ten-Year Attendees: 3) Carrie Morningstar, Emergency Medical Services 4) Roger Tompkins, Transportation Fifteen-Year Attendees: 2 March 12, 2002 5) Robert Wiley, Stormwater 6) Maria Sillery, Stormwater Twenty-Five Year Attendees: 7) Jan Bennett, University Extension PRESENTATIONS PUBLIC PETITIONS AND COMMENTS ON GENERAL TOPICS A. Public Comments on General Topics B. Public Petition Request by Mr. Jack Bowerman, III, to discuss Policy Requiring Turn Lanes. C. Public Petition Request by Mr. Colin Kelly, to discuss the Sand Web System and Available Funding. D. Public Petition Request by Mr. Bob Murray, to discuss Corridor 41 from Airport-Pulling Road to Collier Boulevard. E. This item has been deleted. F. Public Petition Request by Mr. George Chami, President, J. Peaceful LLC, regarding permitting issues for the Town Market Project in Olde Cypress. t BOARD OF ZONING APPEALS A. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members.. NUC-2001-AR-1856 Greg Carlisle, requesting a non-conforming use change from a school to a fitness center, including a pool and playground, for property located at 6800 Golden Gate Parkway, further described as Golden Gate Estates Unit 29, Tract 36, in Collier County, Florida. 3 March 12, 2002 8. ADVERTISED PUBLIC HEARINGS A. This item has been deleted. B. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition RZ-01-AR-1743, Vincent A. Cautero of Wilkison and Associates Inc., requesting a rezone from "A" Rural Agricultural to the "RSF-5 (4)" residential single family zoning district with a density cap of four (4) units per acre for property located at the Northeast corner of Little League Road and Lake Trafford Road in Section 31, Township 46 South, Range 29 East, Collier County, Florida, consisting of 50.82 acres more or less. C. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition PUDA-01-AR-1133, Richard L. Woodruff of Wilson Miller Inc., representing The Moorings, Inc., requesting an amendment to the Moorings Park Planned Unit Development (PUD) for the purpose of eliminating the specific project description language by adding a general project description that allows for flexibility in determining the mix of congregate and nursing care facilities along with the accessory uses that include an assisted living and independent living units. Other changes include adding a list of permitted uses and accessory structures derived from the project description and revising the parking requirements, updating the master plan to depict the existing developed areas and the future development areas while increasing the maximum building heights for property located on the East side of Goodlette-Frank Road (CR 851) and approximately a quarter mile South of Pine Ridge Road in Section 15, Township 49 South, Range 26 East, Collier County, Florida. D. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition PUDZ-02-AR-1978, Richar'~. Yovanovich of Goodlette, Coleman and Johnson and Wayne Arnold of Q. Grady Minor and Associates, representing Gateway Shoppes, LLC, requesting a rezone from "RSF-3", Residential Single Family to "PUD" Planned Unit Development to be known as Henderson Creek PUD for the purpose of 500 residential dwelling units via an affordable housing agreement for property located on the South side of the Tamiami Trail (US 41) and approximately one- half mile East of Collier Boulevard (CR 951) in Section 3, Township 51 South, Range 26 East, Collier County, Florida. BOARD OF COUNTY COMMISSIONERS A. Appointment of member to the County Government Productivity Committee. 4 March 12, 2002 B. Appointment of member to the Health and Human Services Advisory Committee. C. Appointment of members to the Hearing Officer Advisory Committee. D. Presentation by Vote Conservation 2002. (Commissioner Coyle) 10. COUNTY MANAGER'S REPORT A. THIS ITEM TO BE HEARD AT 11:45 A.M. Report to the Board by Keith Arnold regarding the Legislative Session. B. Adopt a Resolution amending Resolution No. 2002-97 authorizing Condemnation of Right-of-Way and/or Easements required for the construction of four-lane and six-lane improvements to Goodlette-Frank Road between Pine Ridge Road and Vanderbilt Beach Road, Capital Improvement Element No. 65 (Project No. 60134). Estimated Fiscal Impact: From $85,000 to $100,000. (Norman Feder, Administrator, Transportation Services Division) C. Presentation and approval of Transportation Financing Plan. (Norman Feder, Administrator, Transportation Services Division) D. Adoption of FY 03 Budget Policy. (Michael Smykowski, Director, Office of Management and Budget) E. Approval of staff's recommendation to pursue collection of uncollected and under collected impact fees for certain self-described adult-only communities. (Joseph K. Schmitt, Administrator, Community Development Division) 11. AIRPORT AUTHORITY 12. COUNTY ATTORNEY'S REPORT 13. OTHER CONSTITUTIONAL OFFICERS 5 March 12, 2002 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) Code Enforcement Lien Resolution approvals. 2) Final acceptance of Water and Sewer Utility connections for Pine Ridge Sports School. 3) Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of "Pelican Strand Replat - lC". 4) Request to grant final acceptance of those roadway improvements in Lely Resort, specifically the following road segments: Grand Lely Drive, Lely Resort Boulevard from Grand Lely Drive to Wildflower Way, and Wildflower Way, and accepting the maintenance responsibility for those roadway improvements. 5) Final acceptance of Water and Sewer Utility Connections for Sherwood Park, Phases Two and Three. 6) Request to approve for recording the final plat of "Lago Villagio", and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the Performance Security. 7) This item has been deleted. 8) Approval of an Interlocal Agreement between Collier County and the Immokalee Fire Control District authorizing the County to collect impact fees on the district's behalf in the exchange for a one percent administrative fee, resulting in approximately $1,000 in new annual revenue to the County. 9) Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of "Maplewood Unit Two". 10) Recommendation that the Board of County Commissioners approve the agreement between the Board of County Commissioners, the Community Redevelopment Agency and the Collier County Clerk of Courts for provision of secretarial services to the Community Redevelopment Agency by the Clerk of Courts. 6 March 12, 2002 11) 12) Board of County Commissioners serving as the Community Redevelopment A~enc¥. Recommendation that the Community Redevelopment Agency approve the agreement between the Board of County Commissioners, the Community Redevelopment Agency and the Collier County Clerk of Courts for provision of secretarial services to the Community Redevelopment Agency by the Clerk of Courts. Approval of a request to the Department of Community Affairs (DCA) to extend the County's contract for a Community Development Block Grant under the Economic Development category to assist with the construction of a manufacturing incubator facility at the Immokalee Regional Airport Industrial Park and Foreign Trade Zone. B. TRANSPORTATION SERVICES 1) 2) 3) 4) 5) 6) 7) That the Board approve the Vehicle Lease Agreement between the Collier County Board of County Commissioners and Intelitran and authorize the Chairman to enter into the Agreement. Approve a Budget Amendment and Change Order Number I for the 13th Street SW Bridge design-build Construction Contract No. 01-3223, Project No. 60012, Purchase Order No. 201211 for $91,342.08. Approve the transfer and/or funding of four positions from the Community Development and Environmental Services Division Fund (113) to the Transportation Services Division Fund (101) with a cost of $430,000 for FY02 from Permit and Development Fees. Approve agreements and accept drainage easements for the benefit of the Wiggins Pass Drainage Basin. Acquisition cost for title and recording fees expected to not exceed $800.00. Accept right of entry documents for the cleanup and maintenance of a portion of the Gordon River Channel. Acquisition costs for title and recording fees expected not to exceed $200.00. Request for speed limit reduction from 30 miles per hour (30 mph) to twenty-five miles per hour (25 mph) on all local streets in Lely. The replacement of signs at a total cost of approximately $200.00. Approve the lease agreement with Collier County School Board for the use of Vineyards Elementary School Media Center to conduct public information meeting for the design and permitting of Vanderbilt Beach Road. Collier County Project No. 63051, CIE No. 24. 7 March 12, 2002 8) 9) Approve request to terminate Reuven Haim Builders, Inc. Developer Contribution Agreement with Collier County for Radio Road improvements, and release developer and Collier County from the remaining obligations and benefits of the contract. Approve a standard construction contract in the amount of $856,318.70 with K.E.R. Enterprises Inc., D/B/A Armadillo Underground for the construction of a large storm drain for the Wiggins Pass Road Outfall Project along Gulf Harbor Drive (Project No. 31212) Bid No. 02-3330. PUBLIC UTILITIES 1) Approve $70,000 Budget Amendment for funding of the Agreement with Michael L. Voorhees, Ph.D., to update the maps of the Wellfield Protection Zones of the County's Ground Water Protection Ordinance. (Roll over from FY01 to FY02) 2) Approve Work Order #WD-112 with Kyle Construction Inc., for construction associated with the Pelican Bay Fire Protection Water Supply System Improvements, Phase I, Project Number 74023, in the amount of $146,723.50. 3) Approve and accept an easement agreement for the acquisition of utility easements for the North County Regional Water Treatment Plant Wellfield Expansion Project, not to exceed $3,100. PUBLIC SERVICES 1) Authorize the Chairman to execute an agreement with a performer for the fourth annual Country Jam Concert on April 12, 2002, in an amount not to exceed $55,000. 2) Approval of an agreement with Texasee Touring Inc., for the performance of Lonestar for the fourth annual Country Jam Concert in the amount of $52,500. 3) Approve award of RFP 02-3334 a revenue contract for coffee bar concessions at the Collier County Public Library. (Minimum annual revenue of $4,800.00). 8 March 12, 2002 ADMINISTRATIVE SERVICES 1) Recommendation that the Board of County Commissioners convey a Grant of Utility Easement to Sprint-Florida Inc., for the installation of a fiber-optic sonet ring around the Main Government Complex. 2) Authorize a re-organization of Real Property functions thru separate divisions to better meet the County's business needs and approve the associated budget amendments. 3) Approval of Budget Amendment to re-appropriate $72,000 previously approved by the Board for the installation of underground conduit to upgrade telephone and data transmission services at the Government Center. 4) Recommendation to award Bid 02-3337 for contract printing to various vendors for an estimated annual amount of $40,000. F. EMERGENCY SERVICES 1) Approve Notice of Intent to accept Hazard Mitigation Grant Funding from the Florida Department of Community Affairs in the amount of $7,272.62 as the result of freezing conditions in January 2001. 2) Approve the purchase by the Isles of Capri Fire and Rescue Control District of a used, Class "A" Fire Truck from the City of Marco Island Fire Rescue Department for $31,887 using impact fees and approve the necessary Budget Amendment. COUNTY MANAGER 1) Confirm that the advertising of individual County Commissioner Meetings throughout the community serves a public purpose and authorizes the use of Public Information Staff to prepare notices for such meetings. 9 March 12, 2002 2) Approval of Budget Amendment Report-Budget Amendment #02-203, for additional drainage work, pipe repair, and pipe replacement for the Forest Lakes Roadway and Drainage in the amount of $18,100. Ho AIRPORT AUTHORITY 1) Approval of budget amendment to convert an Airport Authority Capital Grant to an Operational Grant. BOARD OF COUNTY COMMISSIONERS 1) Commissioner request for approval for payment to serving a valid public purpose. (Commissioner Carter) attend function MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous items to file for record with action as directed. 17. K. OTHER CONSTITUTIONAL OFFICERS L. COUNTY ATTORNEY 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. 10 March 12, 2002 That the Board of County Commissioners (BCC) adopt an Ordinance to impose a mandatory court cost of $3.00, funding the Teen Court of Collier County pursuant to Section 938.19, Florida Statutes in the amount of $38,100. Approve a Resolution to create the Price Street-Barefoot Williams Road Water Municipal Service Benefit Unit (MSBU) District; authorize funds for engineering services; approve the amendment of the contract to AEC National/Wilkinson in the amount of $26,495 for engineering services. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. 11 March 12, 2002 AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETIN~ March 12~ 2002 Continue Item #8 (D) to March 267 2002 BCC Meeting: Petition PUDZ-02-AR-1978, Richard Yovanovich of Goodlette, Coleman and Johnson and Wayne Arnold of Q. Grady Minor and Associates, representing Gateway Shoppes, LLC, requesting a rezone from "RSF-3", Residential Single Family to "PUD" Planned Unit Development to be known as Henderson Creek PUD for the purpose of 500 residential dwelling units via an affordable housing agreement for property located on the South side of the Tamiami Trail (US 41) and approximately one-half mile East of Collier Boulevard (CR 951) in Section 3, Township 51 South, Range 26 East, Collier County, Florida. (Petitioner's request.) Continue Item #16 (A) 4 to March 26, 2002 BCC Meeting- Request to grant final acceptance of those roadway improvements in Lely Resort, specifically the following road segments: Grand Lely Drive, Lely Resort Boulevard from Grand Lely Drive to Wildflower Way, and Wildflower Way, and accepting the maintenance responsibility for those roadway improvements. (Staff's request.) Move Item #16(B)3 to 10(F): Approve the transfer and/or funding of four positions from the Community Development and Environmental Services Division Fund (113) to the Transportation Services Division Fund (101) with a cost of $430,000 for FY02 from Permit and Development Fees. (Commissioner Carter request) Delete Item #16(B)7: Approve the lease agreement with Collier County School Board for the use of Vineyards Elementary School Media Center to conduct public information meeting for the design and permitting of Vanderbilt Beach Road. Collier County Project No. 63051, CIE No. 24. (Staff's request.) Move Item #16(B)8 to 10 (G): Approve request to terminate Reuven Haim Builders, Inc. Developer Contribution Agreement with Collier County for Radio Road improvements, and release developer and Collier County from the remaining obligations and benefits of the contract. (Commissioner Coyle request.) Delete Item 16(D)1: Authorize the Chairman to execute an agreement with a performer for the fourth annual Country Jam Concert on April 12, 2002, in an amount not to exceed $55,000. (Staff request.) Move item #16 (H) I to 10 (H)' Approval of budget amendment to convert an Airport Authority Capital Grant to an Operational Grant. (Commissioner Henning request.) "Note** 1) A request to hear Item 9 (D) at 1:30 p.m. (Commissioner Coletta request) 2) A request to hear items 10 (C) and 10 (D) following item 9 (D). (Commissioner Coletta request) 3) 4) The Board of County Commissioners shall be acting solely as the Community Redevelopment Agency and not as the Board of County Commissioners in it's consideration or approval of Item 16 (A) 11. (David Weigel, County Attorney). Recommendation #1 on Item 16(C)3 should have the following added: "upon review and approval by the County Attorney'S office". Pt~OCLAA~A T£ON ¢ounselin~ to t~ose residents who desire a better knowledg~ of financial ma~ers; and, accomplishments that have received 5mm and N~Hon~/ ~cogniHon; ~nd, the am~ of Coun~ Commissioners o~ ~olliee Coun~ ~e~l$ this and s~the~ our commonly; and, WHEREAS, the res/dents receive valuable information to enhance ne financial security of ~heir later years, University E~ctension Service pro£essional, Jan Benne~"t, has been asked to share this Notional Xnit/ative program as an Conference in these ~th'~9~ Will be personnttl ar.~ss the tht na~qonal web$i~. NOW THER,-a',t'O]~, be it proc/aimed t~llitr County, Hoe/da,~ ~o ex~n$ion streamed on of Collier County recognition to PROCLAA~A TION WHEREAS, th~ Friends of the Collier County ~986 to complement the ~o~ the F~ends o£ the Collitr County 44useum is a non-pro£it ortjanizatiun of dedicated members and volunteers: and, the Friends have actively e~coue~g~d broader community/nterost and support 0£ the Coun~ mustum$ thm~h ~lunteers who con~ibu~d to mo~ than 9, ~ hours o~ se~/ces a~ assisted over ~0,8~ I~al $~dente in Fiscal Year ~2; and, current and £uture proJects a£ the Friends include the Children Discovery !Florida ~.neden, ~org~ ~. Hunt~n Collect/on, Ranch ~oraHon to succeed in rt$ and visffors NOW that the and its if the Collier DOAI~ AND ORDERED BO,4RD OF COUIV7'Y CO~tl4.r~ONE'R$ WHEREAS, H/HEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, P#OCI.,AhfA T'ZON fully occr~d/~d olt~r~ah'v~ M'ivat~ high ~chool ~o~' ¢oll~g~ 6ound sCud~nt~ and norrl~diff~ol Iom'~tm"~; and, w~ do ~t discei~i~ot~ ~ t~ b=$i~ of r~c~, colo~', naffonal orqgin, dis=bili~l, ag~, sexual or.i~ta~'on, mligio# sinct April ~g98 owe 300 p~opl~ o~ all ages =nd nationoli#ts ,~am~d ~h~ie high school diplomas thr~x3h us; and, ~ is a stl£-paced, no pr~ssur~ ~choal. All ~Jnai exams ar~ u#xtim~d; and, ~h~ majority of and, 80% of ou~ stud~#ts haw conti~d with thei~ post secondar?, educatfon ~h ~chn/~l schools United 5ta~$ and, I mainsff~om ~fT'.~ics; WHEREAS, Academy, WHEREAS, ol~r~tion Each by 10 of =u~ ~OWI1S. NOW THEREFORE, be it ~v ~i~s of Cotli~ a 5~cand Chanc~ H~lh 5chooh DONE AND ORDERED 77qZ$ IPfh Day of blavch, 2002. ATTEST: DW_rm47' E. BROC"Ir, ~7.ERK NO · HAR 12 200Z Pgo \ COLLIER COUNTY MANAGER'S OFFICE February 22, 2002 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8383 FAX (941) 774-4010 Mr. Jack Bowerman, Iii 828 Sanctuary Road Naples, FL 34120 Re: Public Petition Request to Discuss Policy Requiring Turn Lanes Dear Mr. Bowerman: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of March 12, 2002, regarding the above referenced subject. Your petition to the Board of County Commissioners will be limited to ten minutes. Please be advised that the Board will take no action on your petition at this meeting. However, your petition may be placed on a future agenda for consideration at the Board's discretion. Therefore, your petition to the Board should be to advise them of your concern and the need for action by the Board at a future meeting. The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the W. Harmon Turner Building (Building "F") of the government complex. Please arrange to be present at this meeting and to respond to inquiries by Board members. If you require any further information or assistance, please do not hesitate to contact this office. Sincerely, County Manager TWO:jeb cc: David Weigel, County Attomey Norman Feder, Transportation Services Administrator AGENDA ITb/~M No. ~, MAR t2 ~OOZ Pg. / RECEP~EO COUNTY MANAG~ OFFICE FEB 2 1 2002 February, 17, 2002 Thomas W. Oliff, I would like to appear before the Board of County Commissioners to discuss the Transportation Departments policy requiring turn lanes on residential excavation projects. $incemly~/////~ AGENDA IT~ No, /~ . MAR 1~ ~002 COLLIER COUNTY MANAGER'S OFFICE February 26, 2002 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8383 FAX (941) 774-4010 Mr. Colin Kelly Parker Beach Restoration, Inc. 100 Aviation Ddve South, Suite #202 Naples, FL 34104 Re: Public Petition Request to Discuss the Sand Web System and Available Funding Dear Mr. Kelly: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of March 12, 2002, regarding the above referenced subject. Your petition to the Board of County Commissioners will be limited to ten minutes. Please be advised that the Board will take no action on your petition at this meeting, However, your petition may be placed on a future agenda for consideration at the Board's discretion. Therefore, your petition to the Board should be to advise them of your concern and the need for action by the Board at a future meeting. The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the W. Harmon Turner Building (Building "F") of the government complex. Please arrange to be present at this meeting and to respond to inquiries by Board members. If you require any further information or assistance, please do not hesitate to contact this office, Sincerely, Thomas W. OIliff County Manager TWO:jeb cc: David Weigel, County Attorney Jim Mudd, Deputy County Manager Tom Wides, Intedm Public Utilities Adrninisi~.tor AC. ,U., ~TEM No. ~, ~ MA ul]2 FEB 1 5 ZOOZ February ll, 2002 Board of County Commissioners of Collier County Florida 735 Eight Street South Naples Fl, 34102 Dear Respective Commissioners; Let me begin by first thanking you for your continued support in the Naples Beach Restoration project. Second, I would like to request to be included in the agenda at the weekly board of county commissioners meeting scheduled for Tuesday, February 26th, 2002. At the meeting, I would like to present an update to the board on the Sand Web System. In addition, I would also like to petition the commissioners to direct staffto apply for an additional mile of eroded Collier County beach, and apply for available funding. I sincerely appreciate any support and assistance that you can provide. If you have any questions or concerns, please feel firee to contact me at 941 403-7177. t00 Aviation Drive South * Suite 202 · Naples, Florida 34104 PH: (94l) 403-7177 * FX: (941) 659-5600 AGENDA ITEM No. ~, ~ MAR 12 2002 pg. 2,,- COLLIER COUNTY MANAGER'S OFFICE February 26, 2002 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8383 FAX (941) 774-4010 Mr. Bob Murray, Co-Chairman Economic Development Committee East Naples Civic Association P.O. Box 274 Naples, FL 34112 Re: Public Petition Request to Discuss Corridor 41 from Airport-Pulling to Collier Boulevard Dear Mr. Murray: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of March 12, 2002, regarding the above referenced subject. Your petition to the Board of County Commissioners will be limited to ten minutes. Please be advised that the Board will take no action on your petition at this meeting. However, your petition may be placed on a future agenda for consideration at the Board's discretion. Therefore, your petition to the Board should be to advise them of your concern and the need for action by the Board at a future meeting. The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the W. Harmon Turner Building (Building "F') of the government complex. Please arrange to be present at this meeting and to respond to inquiries by Board members. If you require any further information or assistance, please do not hesitate to contact this office. Sincerely, Thomas W. Olliff County Manager TWO:jeb cc: David Weigel, County Attomey Joseph Schmitt, C.D.&E.S. Administrator AGENDA No .__ & AIR 12 2002. Dear Commissioners Coletta, Henning, Fiala, Coyle and Carter, and County Manager Olliff, Please find East Naples Civic Association's (advance copy) of our intended formal presentation to you seeking your approval and your direction to county staff to initiate a program of study, with concomitant funding and assignment of staff to the project we have dubbed Corridor 4]. We send this to you so that you may have the opportunity to review our petition in detail, and in preparation for our scheduled meetings with each of you in eaHy March. We hope that you will find the submission acceptable and clear as to what we hope to obtain for our communities, but stand ready to answer your questions in depth so that you may more fully appreciate our interests to make East Naples all that it can be for all its citizens. Bob Murray, Co-Chairman, Economic Development Committee East Naples Civic Assodation Composition of documents: (Microsoft Word format, except one .jpg image of Corridor 4:[) six (6) pages in the following order: Petition letter, dated February 18; "Presentation In Brief, dated February 19;" Corridor 4] depiction (intended as reverse side of Presentation In Brief;" and (full) Presentation document in two pages; in actual presentation, this will total three (3) pages, two being double-sided. Cc: Ron Cumming, Co-Chair (in paper format). COLLIER COUNTY MANAGER'S OFFICE March 1, 2002 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8383 FAX (941) 774-4010 Mr. George Chami J. Peaceful 7675 Santa Margherita Way Naples, FL 34109 Re: Public Petition Request Regarding Town Market Project Dear Mr. Chami: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of March 12, 2002, regarding the above referenced subject. Your petition to the Board of County Commissioners will be limited to ten minutes. Please be advised that the Board will take no action on your petition at this meeting. However, your petition may be placed on a future agenda for consideration at the Board's discretion. Therefore, your petition to the Board should be to advise them of your concern and the need for action by the Board at a future meeting. The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the W. Harmon Turner Building (Building "F") of the government complex. Please arrange to be present at this meeting and to respond to inquiries by Board members. If you require any further information or assistance, please do not hesitate to contact this office. Sincerely, Thomas W. Olliff County Manager TWO:jeb cc: David Weigel, County Attorney Norman Feder, Transportation Services Administrator J.Peaceful LLC 7675 Santa Margherita Way, Naples, FI, 34109 Phone: (941) 571-7777 Fax: (941)5140991 March 1, 2002 MAR - 2002 Mr. Tom Olliff County Manager Collier County, ~,.~ , ' Govemment Building Naples, Florida RE: Public Petition in front of the County Board of Commissioners for the meeting on March 12th 2002 Dear Mr. Olliff, In June 14 2000, &Peaceful and its engineer met with the county staff to review a proposed Town Market project to be built on 7770 Preserve Lane, part of Olde Cypress, this totally new concept is a one stop shopping and includes the following: · Bank (1,512 square feet) with 2 drive-thru lanes. · Food Court with four food entities: Rib City, Subway, Noble Roman Pizza, and Uncle Joe's Sunrise Cafb. · Upscale coffee shop: Sacred Grounds Coffee. · An already established bakery, The French Baguette, having its head office operation for retail and distribution with a customer base such as Bonita Bay, Naples Beach and Golf Resort, Tiburon, Pelican Marsh and other prestigious accounts. · Dry Cleaner. · Christian store. · Copy Center. · Business center. · Offices with its own separate entrance (1,687sqft) · Mini Market having twice the size of any convenience store. · Self service Coffee Counter. · Self service Hot Food Counter. Gas. · Car wash. J.Peaceful major concerns were: 1. SDP for Parking and Landscaping requirements. 2. Impact fees 3. Signage 1 SDP: The staff came to the conclusion that the project is a multi-use retail facility with gas statio'r~ as being an ancillary use. The SDP was submitted on November 2000, and was received on April 16, 200'1 2. Impact Fees: Following the first Pre-application meeting with the County staff, a meeting was held on the same day with Mr. Philip Tindall, to review the determination from the Impact fees standpoint. As described in the attached memo from Banks Engineering, Mr. Tindall "indicated the impact fee ordinance required buildings be classified as a single use and that they not be broken down by square footage for each individual use. He agreed that the building seemed to meet the requirements for a multi-use retail facility and suggested that we make sure that the SDP drawings identify the project as such so that impact fees would be based on "retail", not convenience store". Mr. Tidall's office issued on January 18t~ 2001 an estimated impact fees schedule. (attached) 3. Si~na~3e: With regard to the signage, the County's meeting at the time included Mr. Mike Vignari, who requested that Mr. Chahram Badamcchian be part of the meeting, since everyone at the County was referring to Mr. Badamcchian as the expert in interpreting the new sign ordinance. (Mr. Badamcchian wrote the sign ordinance). Mr. Badamcchian came to the conclusion that this concept should not be subject to the gas station signage ordinance but rather to a multi-use retail facility. The same interpretation as the SDP and impact fees staff. A permit was issued for a 15ft pole sign on December 3r~ in accordance with the agreement we had previously with the County. Based on these approvals, J.Peaceful started construction on May 29 2001, after the Impact fees were paid. The building was supposed to be delivered on November 12TM 2001, but unfortunately we are experiencing delays and a CO could be obtained by M arch 8TM. Problem' Late January 2002, we requested a sign's footings inspection. For 10days this inspection was been stopped without any reason. Finally we got a call from Mr. ¥ignari informing us that Staff revised its position and decided to Revoke the previously issued permit despite the fact that the sign was built and construction started based on this basis. On January 29TM, we met with staff to explain the file. We were surprised to notice that a newly appointed staff, and without any consultation with the staff who worked on the Town Market file reversed the determination made 20 months earlier, and on which the SDP, Impact fees and Sign permit were issued, and consider the Town Market as a (Gas Station with Convenience store. The Staff made it clear to us that no change to their new position will be made! We requested a meeting with the Division administrator, and prior to that meeting we presented our case referring to the previously approved SDP and Impact fees determination. On Feb~'uary 5th a meeting was held with Staff including Mr. Joe Schmitt, at that meeting Staff decided based on Mr. Tindall's denial being aware of any Gas use on the project, to impose additional Impact fees based on Gas station with Convenience Store and Food. These additional impact fees should be in excess of $100,000. Please note that the project was been presented to Mr. Tindall including the site plan, which clearly shows the gas use, in presence of Mr. Dave Underhill from Bank$'Er~g~3~ering (attached letter from Banks Engineering)· Furthermore the SDP and Architectural drawings (Building permit) clearly show the gas use. J.Peaceful on February 1 1TM hired Mr. Ken Cuyler Esq., to analyze its position. On February 20TM Mr. Cuyle, who agreed with our interpretation, met with the County Attorney's office. Mr. Cuyler was been selected due to his previous experience and very good working relation with the County. As a response to having Mr. Cuyler involved, the County, put on the same day, a Hold on the Town Market CO, until the "additional" Impact Fees are paid. To my best understanding from our last meeting with Mr. Joe Schmitt and Mr. White J.Peaceful will not be able to get a CO since: The SDP was been issued in error The Impact Fees are not to J.Peaceful reach and paying them will bankrupt its operation. Request: J.Peaceful is respectfully asking the Board Of County Commissioners to instruct Staff to respect the previously agreed issues between Collier County and J.Peaceful with regards to: · All related SDP issues based on which an SDP#00-144 was been issued, on April 16 2001. And Construction started. · Impact fees, early determination, and based on which financing was been approved and construction started. · Sign Package approved and Pole Sign permit issued on December 3r~ · To instruct Staff to work positively with J.Peaceful to secure a smooth opening to its facility, which was been impacted lately by the series of "staff related errors" It is unfair to have J.Peaceful, be subject to Bankruptcy, since based on the County staff own admission, did everything right and all the "errors" (if any) were County Staff errors. Best regard _/ Georges Ch. President Attachments: .Town Market Layout and rendering. · Banks Engineering memo dated February 11 2002. SDP April 16th letter. . Impact fees letter dated · Pole Sign permit'82001120058 · Letter dated February 6~ 2002, to revoke permit FEB 11 2002 B:32RM BR~KS E~GI~EERIHG, I~C. 841-587-3082 p.1 Profe~lonal En~neers, Planners & Land Surveyors FORT MYERS + NAPLES · SARASOTA DATE: February 11, 2002 TO: Georges Chami FROM: Dave Underhill RE: TOWN MARKET MEMORANDU'M This memo to outlines the numerous meetings and discussions we had with Collier County staff throughout the permitting of the Town Market project. During the design process, staff was very proactive and supportive of the project and made their schedules available to meet with us and to help us work through the difficult design issues. The SDP Pre-App was held June 14, 2000 with Ray Bellows as the project Planner. At this meeting we brought a site plan and floor plan, which showed the uses and the unique nature of this project. We were very open in discussing the uses within the building, and pointed out why the building should not be classified solely as a convenience store. In the Pre-App, we specifically discussed the different uses in the building; dry cleaner, copy center, food court, convenience store with gas, office and bank. We also pointed out that a typical convenience store is 3,000 square feet, whereas this building was approximately 10,000 square feet in floor area. Ray Bellows agreed that a project including the parking would be classified on multi- use retail facility. A second major issue with staff was the landscape requirements for a gas station, which required 25' buffers with a 3' high berm adjacent to all roads. In the Prc-App we asked about signage and Ray referred us to Mike Vignafi and Chahrem Badamtehien. Mike was not available so I introduced Georges to Chahram lo work out the signage issues, but I did not stay for the meeting. We had a follow, up meeting with Ray Bellows on August 16, 2000 to make sure the car wash use would be allowed as an accessory to use the gas/convenience store. Ray brought Ron Nino in to help with interpretations since Ron was Planning Manager. Ron Nino indicated that the car wash should be considered an accessory use and wes therefore allowed. Ron also recommended to Ray that the parking for this multi-use building be broken down and calculated based on the square footage of each use (which was contrary to what Ray had previously agreed to). Follow-up meetings were also held with Nancy Siemion and Ron Nino to discuss the requirement of the 25' buffer along the internal project roadways. Nancy agreed ti~t thc gas station buffer requi~ments were very cumbersome. She also had Ron sit in on this meeting to assist with irrterpre~tions. Based on this meeting, internal buffers adjacent to the internal streets were allowed to be reduced from 25' to 15'. However, the 3' high berm requirement and plantings was maintained. Nancy felt that since thc project did include gas pumps with the canopy that the buffers adjacent to this use should meet the gas station criteria. We agreed to this interpretation and worked with Nancy closely over the next few weeks to fine-tune the buffer requirements, internal plaanin& requirements, and overall landscaping for the project. ; i.. $:UobsH 4x~.~ 1413LDe~un~Co~ 14 ! 3.t~4emoOClmni-Co~m~yl~,~.doo i~' 5640 Willow Park Drive, Suite B, Napl~ Florida 34109 * (941) FEB 11 200~ 8:32RM BRHKS EHGIHEERIHG, IHC. 941-5~?-308~ p.2 Memo - Georges Chami Town Market February ! l, 2002 - Pag~ 2 After the meeting with Nancy and Ron, we stopped in to visit Phil Tindali to discuss impact fee requirements for the project. Impact fees for convenience stores are the highest fee for any commercial use allowed in the courtly and we were extremely concerned that the entire 10,000 square foot building not be classified as a convenience store. We took site plans 'and floor plans to meet with Phil and discuss the project with him. Phil was relatively new with impae! fees at the time and this was also in the height of the golf course impact fee issue that was in the newspaper on a daily basis. We told Phil how the building had multiple uses and was much more than a convenience store. We asked Phil how the impact fee would be calculated if a facility had different uses. He indicated the impact fee ordinance required buildings be classified as a single use and that they not be broken down by square footage for each individual use. He agreed that the building seemed to meet the requirements for a multi-use retail facility and suggested that we make sure that the SDP drawings identify thc project as such so that the impact fees would be based on "retail", not convenience store. The SDP was submit'ted mid November 2000 and comments were received January 2g, 2001. No planning issues were identified in the counts comments. The parking requirements and setbacks were accepted as meeting code requirements by staff. Several rounds of comments were issued by staffand addressed by the consultaztt team. The SDP was approved April 16, 2001. ! $ :~'o~s~] 4z3~141 .T~-~men~Co.l~ 141 ~o(]Clmmi-~l~.m~ ~l.c 6640 Willow Park Drive, Suite B. Naples, Florida 34109. (94 I) 597-2061 · Fax (941) 59%3082 (' HSS [008 6~ :6§:~,~ 60 uer anl 6~p'ue[d-[!-Ee\ONI>lblOM\~,a>~Je~U~O~,-~O0\O¥3\ :S COLLIEtl. CouNTY GOVERNMENT OFFICE OF FINANCIAL AND RECORDS MANAGEMENT FACSIMILE TRANSMITTAL SHEET I4_ Georges Chami, President Amy Ge. sdorf COMi~AN, y: FAX NL%ABER; TOTAL NO. OF PAGES INCLUDI2qG COVEI~ 514-0991 2 PHONE N'L'M ~ Eli-: 248-0998 659-5721 [] Lrl~G~NT x POI~, I~V1£~(7 I-] PLEASB COMMENT [] PLEASE REPLY F'] PLEASE RECYCLI: NOTE$/COM2~ENT$'. Esfirrured impac~ fees for Town Market - Immokalee Road to follow. Please let rr~ know you have any ques'dons. Amy Gesclorf 1800 NO~,TI"I HO!~.S£SHOI:. DP, IV.~ NAPLI~$, I:L 1,~1~4 Estimated Impact Fees for Town Market - Immokalee Road Prepared January 18,2001 Classification of occupancy: Retail (Shopping Center)*' Proposed square footage of project: 11,415 square feet Estimated Impact Fees Type of Fee Road Retail rate 50,000 sq ft or less EMS Retail rate 50,000 sq fl or less Jail Retail *Fire Rate 53,358.00 per 1000 square feet $210.00 per 1000 square feet ,5,1.0920 per square foot $0.30 per square foot under roof Total Estimated Impact Fees; Calculation $3358.00 x 11.415 $210.00 x 11.415 Sl.0920 x 11,415 $0.30 x 11,415 * Fire Impact Fees may be reduced to $0.15 per square foot under roof if the building is equipped with fire sprinklers. COLLIER COUNTY GOVERNMENT COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION ENGINEERING REVIEW SECTION April 16, 2001 PLANNING SERVICES DEPARTMENT 2800 NORTH HORSESHOE DRIVE NAPLES, FL 34104 Mr. Dave Underhill, P.E., Banks Engineering Inc. 2150 Goodlette Road N. Naples, Flodda 34102 Re: 'q'own Market - Preserve Commons, SDP-2000-144" Final Site Development Plans Approval Dear Mr. Underhill: Engineering Review has reviewed the Final Site Development Plan for the referenced project and has no objection to the construction of water, sewer, paving and drainage aspects of the project subject to the following stipulations: 1. General Conditions a) CHANGES IN USE AND/OR DESIGN OF THESE SITE AND ARCHITECTURAL PLANS ARE NOT AUTHORIZED WITHOUT WRITTEN APPROVAL BY THE COUNTY. CHANGES SHALL REQUIRE RE-REVIEW IN ACCORDANCE WITH ALL CURRENT COUNTY CODES INCLUDING PARKING FACILITIES, UTILITIES, TRANSPORTATION AND THE LIKE. b) A preliminary inspection and approval of the infrastructure for multi-family residential must be done by Engineer Inspections prior to any Certificate of Occupancy being granted. c) All PUD related stipulations shall apply to this project. d) Permits from other agencies having jurisdiction over this project shall be obtained pdor to start of construction. e) f) Please call Mr. Don Nobles at 403-2400 to schedule a pre-construction meeting a minimum of 48 hours prior to start of construction. This Final Site Development Plan/construction plan is approved due to the issuance of a Certificate of Public Facility Adequacy ~01-0132 with respect to Collier County Ordinance 93-82. g) h) Pdor to issuance of a Certificate of Occupancy, the infrastructure necessary to serve the project shall receive preliminary aco~ptance. All construction activities permitted by this letter shall only occur during the following times: www. co.collier, fl.u'~ PHONE (941) 403-2400 FAX (941) 643-6968 SDP- 2000-144 Town Market- Preserve Commons Apdl 16, 2001 Page 2 6:30 A.M. to 7:00 P.M., Monday through Saturday; no work is permitted on Sundays and the following holidays: New Year's Day, Memorial Day, 4th of July, Labor Day, Thanksgiving Day, Christmas Day i) The review and approval of these improvement plans does not authorize the construction of required improvements, which are inconsistent with easement of record. Hedge and shrubs shall be a min. of 3 gallon at time of planting. 3. Utility Approval of the attached plan does not constitute approval of the meter size. Sizing of the meter shall be coordinated by the Engineer of Record and the Public Works Division. Sul~divi~ion All work shall be in accordance with applicable Collier County ordinances and rules and regulations of other entities having jurisdiction over the project. 5. Environmental Site clearing is conditioned to the stipulations contained on the approved site plan. 6. Water Manaoement a) All work shall be in accordance with applicable State or Federal rules and regulations. b) Work area shall be propedy barricaded with hay bales and/or silt screens dudng the entire time of construction, to prevent any siltation during construction. c) The engineer of record, prior to issuance of a Certificate of Occupancy, shall provide documentation from the stoTmwater maintenance entity that it has been provided information on how the stormwater system works and their responsibility to maintain the system. 7. p, ddresslna Pursuant to Ordinance No. 99-76, no proposed subdivision, street, building, condominium or developmant may utilize tl~ ume nam or a similar sounding name ~ any existing SDP- 2000-144 Town Market- Preserve Commons April 16, 2001 Page 3 subdivision, street, building, condominium or development, except that the major street within a subdivision may utilize the name of the subdivision. Any changes to the project name shall be reviewed and approved by Community Development and Environmental Services Addressing Department. 8. FiF~ protection Please note that pdor to the accumulation of combustible building materials on site, proposed fire hydrants must be operable with the minimum required fire flows and improved stabilized emergency apparatus access ways (min. 14' wide) must be available to within 100' of the structures. See attached inspection checklist for SDP improvements. No (0) sets of approved plans, one (1) sets of architectural plans and three (3) sets of landscape plans are being returned herewith for your use. Two copies of approved SDP shall be attached to each set of building plans submitted. Two copies.of the stamped approved Ar~hitectural Plans shall be submitted with the Bplldina Permit Application. ff this Is a simultaneops submittal ,it is the apDllcant~ re~l~onslbilitv to Insert the approved architectur~l plan~ into th~ 8~ildina Deparimen; perm~ seL Be advised that this approval automatically expires twenty-four (24) months from the date of this letter pumuant to Collier County Land Development Code Section 3.3.8, Please call me if you have any questions or need any additional information, Abe Skinner, Property Appraiser (w/attach.) Raymond V. Bellows, Principal Planner Don Nobles, Engineering Inspections Supervisor (w/attach.) Customer Services/Addressing (w/attach.) Lisa Taylor, Engineering Tech., Public Utilities Engineering (w/attach.) Shirley Nix, Engineer Technician II Diane Deoss, D.O.R. Billing Supervisor Liz Kilbum, Building Review & Permitting w/2 plans Simultaneous .~e_view SDP-2000-144 (wl~ttach.) Reading file Slate Development Plan (SDP) (~)" ~ ~: ~ SDP Specific I. ,/ ,/ Handicap parking locaUon, markings, access aisles, ramp to building, signs, etc. Driveway and parking aisle widfl~s, radii Right-of-way permit conditions, culvert, swale, swale restoration, sidewalk, etc. Parking location, wheel stops, dimension Traffic control signs, smping Site grading All storm structures and all drainage piping clean and free of debris Landscape, as per plan Exotic Removal 10. I-I~=n~aeesa~ Fo~ms/SDP Sla~-'fli¢ Ch~dm FOR INSPECTIONS1 PHONE ~43-~757 ~ERMIT NBR 2001120058 30B DESC.: TOWN MARKET POLE SIGN. IOB LOCATION: 7770 PRESERVE LN SUBDIVISION: 3249 Preserve Commons CONTACT NAME: CHRISTEL HAASEMANN Q.B.A. SIGN CRAFT 3ETBACKS FRONT: REAR: SPECIAL: REQ DESCRIPTION RE, 099 NOTICE OF COMMENCEMENT MASTER NBR 100 FOOTINGS 502 FINAL ELECTRICAL FINAL SIGN PAGE 85 2001120058 ISSUED 12/3/2001 LOT 4 BLOCK CONTACT PHONE: ¢941~643-1777 LEFT: DESCRIPTION RIGHT: FLOOD ZONE:X FINAL ELECTRICAL INSPECTION SIGN PERMIT APPLIES TO DISCONNECT BOX ONLY... ANTHING roEYOND IS BY OTHERS WARNING TO OW~i=R: YOUR F~II_URE TO RECORD A NOT[CE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF CDP~2022 COMMENCEMENT. FS 713.~35 SIGNCRAFT PAGE 01 Git ! 38" Town Market Bakery AMOCO Coffee Shop LINES 35" SIGNCRAFT pDWG "TOWNMRKT" 112' = 1' $CAIrE 10/15/01 643-1777 (F/~X) 643-2499 KLAUS HAA~EMANN 15' 1 COLLIER COUNTY GOVERNMENT COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION Building Review and Permitting Department 2800 North Horseshoe Drive Naples. Florida 34104 February 6, 2002 J. Peaceful L.L.C. 7675 Santa Margherita Way Naples, FI, 34109 SUBJECT: Cancellation oi: Building Permit #2001 'i20058 (Town Center pole sign on 7770 Preserve Lane, Naples Florida. Dear Mr. Chami: Please be advised that the above-mentioned Building Permit for a pole sign is canceled as of today. This permit was originally issued on 12-03-2001. Permit # 2001120058 was issued in error and not in compliance with the Collier County Land Development Code, Section 2.5.5.2.5.5. (3) and Section 2.5.5.2.1.1. (b). Both these Sections of the code require the pole sign height of eight (8) feet and copy size of sixty (60) square feet with a ten (10) foot setback from the property line. You may apply for a Building Permit for a new sign permit; however, it must meet the standards of Automobile Service Stations and Outparcels. Should you have any questions, please feel free to contact me at (941) 403-2400 ext. 5570. Sincerely, / Michael Vignari~~4'4 Sign Review Specialist cc: Mr. Klaus Haasemann 3661 Mercantile Ave. Naples, FL 34104 PHONE i941)403-2400 FAX /941)643-3266 www. collierg{w, net EXECUTIVE SUMMARY NUC-2001-AR-1856 GREG CARLISLE, REQUESTING A NON-CONFORMING USE CHANGE FROM A SCHOOL TO A FITNESS CENTER, INCLUDING A POOL AND PLAYGROUND, FOR PROPERTY LOCATED AT 6800 GOLDEN GATE PARKWAY, FURTHER DESCRIBED AS GOLDEN GATE ESTATES UNIT 29, TRACT 36, IN COLLIER COUNTY, FLORIDA. OBJECTIVE: That the community's interest is maintained in the continuation of a non-conforming use in the Estates district. CONSIDERATIONS: The subject site contains an existing building, which the petitioner proposes to use as a fitness center. The site is zoned Estates, which permits single-family dwellings. Conditional Uses in the Estates district include churches, fraternal organizations, child care, schools, assisted living facilities and earthmining. However, Conditional Uses within the Estates district must meet certain locational criteria. The subject site does not meet the locational criteria for a Conditional Use. This petition is for a Non-conforming Use Change. If approved, it would allow the building to be used as a fitness center. There are no locational criteria for a Non-conforming Use Change. HISTORY: A building permit for the structure was issued in 1974 (a Certificate of Occupancy was issued in 1975). Upon issuance of the building permit, records indicate that the parcel was zoned commercial (C-2), however, with the adoption of the 1974 Zoning Ordinance, the parcel was rezoned to Estates. Various businesses have operated at the site, including a shopping center, furniture store, video arcade, and flea market. The site was approved for a bowling alley in 1990 through Petition NUC-90-02. This use never commenced. A decision by the Planning Services Director was appealed to the Board of Zoning Appeals in 1992 (A-92-06). In the Appeal, the BZA determined that the property owner could file for Non-Conforming Use Changes to be heard when a new use was proposed. The site was approved for a Non-conforming Use Change for an indoor golf course, pro-shop and dining facilities on February 26, 1996 (NUC-96-1). This use never commenced. A petition (NUC-97-02) for a Non-conforming Use Change was approved on July 29, 1997 to change the use to a school (the Charter School and subsequently, Royal Palm Academy). Petition NUC-99-01 was filed in 1999 to change the use from a school to an indoor flea market. The petition was denied by the Board of Zoning Appeals. A~'~ I~ ! 2 2002 LAND DEVELOPMENT CODE: Section 1.8.6 of the Land Development Code states: If no structural alterations are made, any non-confom~ing use of a structure, or of a structure and premises in combination may be changed to another non- conforming use of the same character, or to a more restricted non-conforming use, provided the Board of Zoning Appeals, upon application to the Development Services Director, shall find after public notice and hearing that the proposed use is equally or more appropriate to the district than the existing non-conforming use and that the relation of the structure to surrounding properties is such that adverse effect on occupants and neighboring properties will not be greater than if the existing non-conforming use is continued. In permitting such change, the Board of Zoning Appeals may require appropriate conditions and safeguards in accordance with the intent and purpose of this code. ANALYSIS: According to Code, the Board shall consider three criteria before granting a Non- Conforming Use Change. 1) The proposed use may be another non-conforming use of the same character, or to a more restricted non-conforming use. 2) The proposed use is equally or more appropriate to the district than the existing non-conforming use. 3) The relation of the structure to surrounding properties is such that adverse effect on occupants and neighboring properties will not be greater than if the existing non-conforming use is continued. 1) Staff analysis indicates that a school and a fitness center are not "of the same character". Although it may be convenient for neighbors who are members of the fitness center, this commercial use is not appropriate in a residential district. 2) Staff analysis indicates that a fitness center is not equally appropriate to the Estates district as a school would be. Schools are permitted as Conditional Uses in residential zoning districts. Fitness centers are commercial uses permitted in all commercial zoning districts and industrial zoning. Analysis also indicates that a fitness center is not more appropriate to the Estates district than a school. 3) Any adverse effect on the surrounding properties by a school would continue if the use were changed to a fitness center. Traffic patterns at a school consist of morning drop-off by busses and cars and afternoon pick-up. A fitness center would generate traffic throughout its operating hours. If this NUC were to be approved, a Site Development Plan with a Traffic Impact Statement would be required. The previous Non-Conforming Use Changes for this property involved changing one commercial use to another; therefore the change could be considered "of the same character". Now, since the existing use is a school, analysis cannot equate a school and a fitness center as being of the same character. A school is an institutional use often found in residential zoning districts. A fitness center is business not found in residential zoning districts. AG.ENI:)~ ITE~ 2 NAR 1 2 2002 FISCAL IMPACT: Approval of this petition would allow a commercial use where there is currently a school. The building exists, so no impact fees would be collected if this change were approved. This change would most likely increase the appraised value of the property, thereby affecting the ad valorem taxes on the property. Denial of the petition may have a fiscal impact on the property owner who originally constructed the building. GROWTH MANAGEMENT IMPACT: The subject site is located within the Golden Gate Estates designation on the Future Land Use Map of the Growth Management Plan. Technically, the use, as it exists, is not consistent with the Growth Management Plan, and the proposed use is not consistent with the Growth Management Plan. Approval of a Non-Conforming Use Change by the Board of Zoning Appeals, however, is allowed by the Growth Management Plan. 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. A survey or Waiver of Historic and Archaeological Survey & Assessment, therefore, is not required. ENVIRONMENTAL ISSUES: This site was previously cleared; therefore there are no unusual environmental issues associated with the petition. ENVIRONMENTAL ADVISORY COUNCIL RECOMMENDATION: An Environmental Impact Statement was not required for this site because it did not meet the threshold criteria; therefore, this petition was not heard by the EAC. PLANNING COMMISSION RECOMMENDATION: Section 1.8.6 of the Land Development Code states that a change in non-conforming use may be approved by the Board of Zoning Appeals. The Code does not provide for a hearing by the Planning Commission; therefore, the Planning Commission did not hear this petition. STAFF RECOMMENDATION: Since a school may be permitted as a Conditional Use in most residential zoning districts, and a commercial use may not, staff considers the change to a fitness center to be a change not "of the same character"; and that the proposed use as a fitness center is not more appropriate to the district than the existing non-conforming use; and staff believes that the adverse effects of traffic on neighboring properties will be greater than if the existing non-conforming use is continued. Therefore, staff recommends denial of Petition NUC-2001-AR-1856. Staff recommends that an altemate solution to the problem of the non-conforming use be sought; specifically, a Growth Management Plan Amendment (either by the property owner or through the Golden Gate Area Master Plan Restudy) followed by a subsequent rezone pe PREPARED BY: FRE ISCHL, AICP PRINCIPAL PLANNER DATE REVIEWED BY: Szt. JSAN MURRAY, AICP ' DATE CURRENT PLANNING MANAGER & INTERIM PLANNING SERVICES DIRECTOR APPROVED BY: ~OMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR executive summary. NUC-2001-AR-1856 4 6 0 2002 Petition No. Commission District: NON-CONFORMING USE CHANGE PETITION NUC-2001-AR-1856 Date Petition Received: PROJECT #2001120014 DATE: 12112101 Planner Assigned: FRED REISCHL Petitioner's Name: ' Petitioner's Address: Agent's Name: Telephone: Agent's Address: CoS(bl~ ~/~1,',',, C~-~,,. 9~'km~'/ Telephone: Legal Description of subject Property: Subdivision: '~_ r=a-~ ~r¢ s Unit T~c~ ~Z~ -.~-o~). '~ 6' Block (s) Section Twp. Range Metes & Bounds Description: .~3 ~'~ Property I.D. # COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE - NAPLES, FL 34104 PHONE (941) 403-2400fFAX (941) 643-6968 01/05/01 Application for NUC Petition MAR 1 2 2002 Address of Subject Property: (If different from Petitioner's addre~) Current Zoning and Land use of Subject Parcel: Adjacent Zoning & Lana use: ZONING LAND USE Total square footage of proposed non-conforming use Total number of parking spaces existing on site 7.. q6 Total number of parking required for proposed non-conforming use Hours of operation for proposed non-conforming use (s) ~ '0~ ~/~ - t0'.00 ? m If this request proposes a number of possible Non-conforming uses, list all uses for which you are requesting approval from the Board of zoning appeals. 01/05/01 Application for NUC Petition IT~W 2002 ~ ~ee t'le.,~ AFIFIDA PIT Well, £1~.~0,., ~ 5o~,~, C~--.~'~ being first duly.~vorn, depose and say that we/I 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, ali 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. AspropertyownerFZe/Ifurtherauthorize ~;~ ~[ q to act as our/my representative in any matters regard Pet . ' Signat~r-~ -~f ~['oper~ Own'e-r 'Typed or Printed Name of Owner Signature of Property Owner Typed or Printed Name of Owner The fore, going instrument was acknowledged before me this ~'~ day of ~Cfl--~qJ-~d~ J~J'~, l~y who is personally known to me or has produced as identification. State of Florida County of Collier Application for NUA Petition 6/98 State of -' (Print, Type, or Stamp Commissiohed Name of Notary Public) 1 2 2002 Wednesday, December 05,2001 To: From: Subject: NUC-2001-AR.1856 PROJECT #2001120014 DATE: 12/12/01 FRED REISCHL Collier County Community Development Greg Carlisle Use of 6800 Golden Gate Parkway as FitnessQuest Pursuant to our preliminary meeting I have prepared the following items for your review: · Aerial Photograph · Notarized owner affidavit · Site Plan · Narrative statement · Location Map · Contract for purchase · Application fee for $1000 AGE. J%")A IT~ MAR i 2 2002 FITNESS _)QUEST+ Athletic Club--- A State Of TheArt Fitness Complex For The Entire Famil)7 NUC-2001-AR-1856 PROJECT #2001120014 DATE: 12112/01 FRED REISCHL Wednesday, December 05,2001 To: Collier County Community Development From: Greg Carlisle Subject: Pre Application Meeting Met with Fred Reischl and David Weeks on the property known as the "mini mall and is located at 6800 Golden Gate Parkway. At this time Mr. Weeks and Mr. Reischl explained the process to obtain permission from the county to occupy Fitness Quest at 6800 Golden Gate Parkway. 2975 South Horseshoe Drive · Naples, Florida 34104 · (941) 643-7546 · Fax (9 FITNESS QUEST * Athletic Club--- A State OfTheArt Fitnegs Complex For The Entire Family/ Wednesday, December 05, 2001 Collier County Community Development To: From: Subject: Greg Carlisle NUC-2001-AR-1856 PROJECT #2001120014 DATE: 12112101 FRED REISCHL Narrative statement for 6800 Golden Gate Parkway The subject property is known as the "mini mall and is located at 6800 Golden Gate Parkway. It is located between 1-75 and Livingston Road. Elhanon and Sandy Combs own the property. Mr. Combs built a 28,000 square foot retail building on the subject property in 1974. The building has been used as a: · Convenience store Thrift Store · Restaurant Feed Store · School · Office Space · Butcher and Fish House · Video Arcade The building is currently being used as a storage facility for Fitness Quest. Fitness Quest is under contract to purchase the property from the Combs subject to being able to use the building as a fitness facility. Fitness Quest will relocate its existing facility located at 6975 South Horseshoe Drive to the proposed location at 6800 Golden Gate Blvd. Fitness Quest will allow Celebration Church to use our facility on Sunday mornings and during the weeknights. 2975 South Horseshoe Drive · AGE. J~ A ITE~ No._ ~ ~A~ 1 2 2002 ..... Naples, Florida 34104 · (941) 645-7546 - Fax (941) 645-5422 N U C-2001 -AR-1856 PROJECT #2001120014 DATE: 12/12101 FRED REISCHL ADDRESSING CHECKLIST Please complete the following and submit to the Addressing Section for Review. Not all items will apply ta every project. Items in bold type are required. 1. Legal description of subject p.roperty or properties (copy of lengthy, description may be gttachear) 2. Folio (Property ID) number(s) of above (attach to, or associate with, legal description if more than one) 3. Street address or addresses, (as applicable, if already assigned) Location maD, showing exact location of project/site irt relation to nearest public road right-of-way (attach) Copy of survey (NEEDED ONLY FOR UNPLATTED PROPERTIES) 6. Proposed project name (ifqpplicable) , 7. Proposed Street names (if applicable) 8. Site Development Plan Number (FOR EXISTING PROJECTS/SITES ONLY) SDP 9. Petition Type - (Complete a separate Addressing Checklist for each Petition Type) 10. [] SDP (Site Development Plan) ~-] SDPA (SDP Amendment) [] SDPI (SDP Insubstantial Change) [--] SIP (Site Improvement Plan) [-] SIPA (SIP Amendment) [-'-[ SNR (Street Name Change) 1--] Vegetation/Exotic (Veg. Removal Permits) [~ Land Use Petition (Variance, Conditional Use, [--] PPL (Plans & Plat Review) I-'-]PSP (Preliminary Subdivision Plat) [-] FP (Final Plat) [--] LLA (Lot Line Adjustment) 1--] BL (Blasting Permit) ['-[ ROW (Right-of-Way Permit) [--1 EXP (Excavation Permit) [---]VRSFP (Veg. Removal & Site Fill Permit) Boat Dock Ext., Rezone, PUD rezone, etc.) 1X'] Other- Describe: Pr'-%ject or development names propose~l for, or'~lready-appearin~]rt,, condominium documents (if applicable; indicate whether proposed or existing) 1 li. 12. Applicant Name ~ex,, (a~r~lt~ Phone qWl-r/~14-11O6Fax 13. Signature on Addressing Checklist does not constitute Project and/or Street Name approval and is subject to ~,,,-th,~r review by the Addressin~ Section. FOR STAFF USE ONI,Y Primary Number ._t~t~-7 L__ :-kddress Number ,-x_,:Idres s Number ~,:!dre::s ? ;,tm her £'.ev sed L'-.2i-: ~ _ Ar¢ 1 2 2002 2002 MAR 1 ? 2002 PURCHASE AND SALE AGREEMENT THIS PURCHASE AND SALE AGREEMENT dated April , 2001 is made by and between ELHANON COMBS AND SANDRA S. COMBS, husband and wife, whose address is 2145 Coach House Lane, Naples, Florida 34105 ("Seller") and GREG CARLISLE, whose address is 6986 Lone Oak Blvd., Naples, Florida 34108 ("Buyer"). UPON THE ACCEPTANCE OFTHE OFFER (OR COUNTEROFFER) the Seller has agreed to sell and the Buyer has agreed to buy UPON THE TERMS AND CONDITIONS WHICH FOLLOW, the real property described as follows: (hereinafter the "Property"), Tract 36, GOLDEN GATE ESTATES, UNIT 29, according to the plat thereof recorded in Plat Book , Page , Public Records of Collier County, Florida; being approximately Acres +. PROPOSED USE. Buyer intends to rezone the Property for an approved PUD to include a mixed commercial and/or residential use which will allow the operation of a fitness gym and associated retail sales of health care products. This Agreement is contingent upon the Buyer obtaining the necessary zoning and site plan approvals for the Buyer's intended use. PURCHASE PRICE: The total purchase price, subject to adjustment as provided below, shall be ONE MILLION FIVE HUNDRED FIFTY THOUSAND XXJl00 DOLLARS ($1,500,000.00) (U.S.) payable as follows: Initial Deposit The sum of TEN THOUSAND AND XX/100 DOLLARS ($10,000.00), payable on the execution of this Agreement, which sum will be a part of the Purchase Price and will be paid to and retained in escrow by the Seller's Broker or designated attorney ("Escrow Agent") pursuant to the terms and conditions of this Agreement. The Escrow Agent is authorized and directed to place the Deposit in an interest bearing savings account or insured money market account with a state or national bank or state or federal savings and loan association doing business in the State of Florida. Except in the case of a default of Purchaser (in which event, the interest earned on the Deposit, if any, will be paid to Seller at tr~e t:,me Seller otherwise would be entitled to receive the return of the Deposit), unless otherwise specifically provided for in this Agreement, all interest earned on the Deposit, if any, will be paid to Purchaser on the first to occur of (i) the cancellation of this Agreement or (ii) a Closing pursuant to this Agreement having occurred. Additional Deposits The Buyer shall pay to the Seller the sum of FIVE THOUSAND AND XX/100 DOLLARS ($5,000,00) per month as Additional Deposits to continue the agreement pending the Buyer's performance and completion of zoning and site plan approval contingencies. The first of such Additional Deposits shall be paid on or before 60 days following the Effective Date of this Agreement and shall continue monthly thereafter until the date of closing. The Additional Deposits paid by the Buyer shall be credited to the Purchase Price. Balance of Purchase Price The balance of the Purchase Price, ONE MILLION FOUR HUNDRED NINETY THOUSAND AND XX/100 DOLLARS ($1,490,000.00) LESS credits received for the Additional Deposits paid by the Buyer shall be deferred and paid pursuant to payment provisions of paragraph 3 below. d. Deposit at Risk If for any reason Buyer elects to terminate this Agreement within the initial 90 days (See paragraph 6 Inspection Period), or the Buyer Is thereafter unable to re-zone the subject property and obtain final site plan approvals acceptable to Buyer, then the Initial Deposit, all Additional Deposits, and the accrued interest earned thereon will be refunded to the Buyer. If the Buyer does not terminate the Agreement within Inspection Period, and the zoning and final site plan approvals are obtained, then the Initial Deposit and any subsequently paid deposits together with all accrued interest will thereafter be at risk and will be forfeited to the Seller if the Buyer defaults under any of the monetary payment requirements of this Agreement or if the Buyer fails to cure a non-moneta~ default after notice and the expiration of a fifteen (15) day cure period. PURCHASE MO NEY MORTGAGE. The Seller agrees to defer payment of ONE MILLION' FOUR HUNDRED NINETY THOUSAND AND XX/100 DOLLARS ($-1,490,000.00) (LESS credits received for the Additional Deposits paid by the Buyer)' of the purchase price with the Page i of 6 MAR 1 2 2002 indebtedness to be evidenced by a purchase money note and mortgage ("Note" and "Mortgage") which will be executed by the Buyer at the Closing. The Note and Mortgage, and ancillary additional documents if required to secure the deferred purchase price, shall include the following provisions, terms and restrictions as follows: The full amount of the principal will be paid as a balloon payment to be due 15 years following the closing date. Commencing 120 days from the date of the Note, interest wilt accrue on the unpaid principal at the 30 year treasury bond rate in effect on the date of closing, and will be paid monthly. Buyer may prepay all or a portion of the note at any time without penalty. The form and content of the promissory Note and Mortgage will be approved by the Seller and Buyer prior to the expiration of the Inspection Period. The Mortgage will include a provision requiring the Seller to execute the consents and joinders required to plat and/or or permit the Subject Property and to otherwise cooperate with the Buyer in satisfying the requirements imposed the local, state and Federal governmental agencies having jurisdiction over the Subject Property as conditions to approving the Buyer's proposed uses of the Subject Property. CLOSING AND POSSESSION DATE: Closing shall occur at a time of day and place in Collier County selected by the Buyer, but upon reasonable notice to the Seller, on or before fifteen days (15) days following the date the Property is rezoned and a final site plan approval is issued by Collier County for the Buyer's proposed use of the Property. Buyer shall be the legal owner of the property as of the closing and Seller shall give possession of the property at closing unless other,vise provided herein. INSPECTION PERIOD. From and after the Effective Date until sixty (60) days thereafter will be a period ("Inspection Period") during which Buyer and its agents, at Buyer's sole cost and expense shall conduct such inspections, tests, examinations, surveys, investigations and review such documents necessary in Buyer's sole discretion to determine the feasibility of completing the purchase of the Subject Property as contemplated herein for the purposes contemplated by Buyer. If Buyer, in Buyer's sole discretion, is not satisfied with such inspections, tests, examinations, surveys, investigations or reviews, Buyer may elect to rescind this Agreement by notifying Seller in writing of such election not later than sixty (60) days after the Effective Date, and all deposits paid to that date together with interest accrued thereon shall be returned to Buyer and this Agreement shall be null and void and neither party shall have any liability or responsibility to the other. In the event that Buyer fails to give such written notice to Seller within the time provided, then Buyer shall have waived its right to rescind this Agreement under such circumstances. Seller and Buyer may enter the Subject Property at any time after the Effective Date of this Agreement and before Closing to inspect and survey Subject Property and conduct any tests, examinations, inspections and surveys as Buyer considers appropriate. Seller shall not be liable to Buyer for any damages suffered by Buyer as a result of any delays, defective products or workmanship or accidents resulting from inspections, tests, examinations or surveys performed by or for Buyer. Buyer's rights hereunder are conditioned upon the following: No such activity shall cause any permanent, material injury to the Subject Property, or any injury to its improvements (if any); and Buyer indemnifies Seller against any claims, demands, losses, or liabilities asserted against or incurred by, the Seller because of any such activities. EVIDENCE OF TITLE: Within 30 days affer the Effective Date hereof, Seller shall deliver to Buyer a complete abstract of title from a company satisfactory to Buyer, certified to the date of this contract. The abstract will show good and Marketable Title (as defined in this paragraph) with legal access subject only to the following approved title exceptions: (a) real property ad valorem taxes for the year of closing; (b) zoning, building code and other use restrictions imposed by governmental authority; (c) outstanding oil, gas and mineral interest of record, if any; and (d) restrictions and easements common to the subdivision, provided, however that no one of them shall prevent use of the property for the Buyer's proposed use as identified in paragraph 1 above. Marketable Title shall be determined according to applicable Uniform Title Standards adopted by authority of the Florida Bar and in accordance with law. INSTRUCTIONS FOR TITLE: At least 15 days prior to closing, Buyer shall deliver to Seller the name(s), address(es), manner in wnicr~ title wilt be taken, and any assignment(s) thereby required. No assignment shall release Buyer from the obligations of this contract unless Seller consents in writing. CONDITION OF PROPERTY, RISK OF LOSS, WARRANTIES: As an inducement to Purchaser to execute this Agreement and to close this transaction and pay the Purchase Price, Seller warrants and represents the following to Purchaser: Seller is the owner of the Subject Property in fee simple, which is subject to no liens or encumbrances whatever except those that will be satisfied at or before the contemplated Closing. As of the date of this Agreement and as of the date of the contemplated Closing, Seller will have no unpaid bills for labor performed or materials supplied incident to the Subject Property. A no lien affidavit stating this fact will be delivered by Seller to Purchaser at Closing. To the best of Seller's knowledge, all municipal and governmental ordinances, rules, and regulations have been complied with and there are no citations or violations. To the best of Seller's knowledge, as of the date of this Agreement, no condemnation or eminent domain proceedings are pending or contemplated that would affect any portion of the Subject Property. Seller is not a party to, and the Subject Property is not affected by, any service, maintenance, or property management agreements or any contracts or other agreements of any kind with respect to the Subject Property, and Seller will not enter into any such agreements. Seller has no knowledge of any litigation, pending litigation, or threatened litigation involving the Subject Property. To the best of Seller's knowledge and belief, there is not located in, on, upon, over or under the Property (I) asbestos in any form, (ii) urea formaldehyde foam insulation, (iii) transformers or other equipment containing dielectic fluid which contains levels of polychlorinated biphenyls in excess of fifty parts per million, or (iv) any other chemical, material or substance, exposure to which is prohibited, limited or regulated by any federal, state, county, regional or local authority or which, even if not so regulated, is knownto pose a hazard to the health and safety of any persons that now or may hereafter occupy the Property or property adjacent to the Property (hereinafter sometimes collectively called "hazardous waste"). Seller has received no notice or otherwise been informed that hazardous waste may exist on adjoining or nearby property. Buyer may, at its election, procure an environmental auditofthe Property. If such Audit shows there is environmental contamination on the Property, Buyer may terminated this Agreement within FIVE (5) days of Buyer's receipt of such Audit UNLESS such contamination may be satisfactorily removed prior to the Closing Date, and Seller, at Seller's sole discretion elects to pay the cost of such clean-up, in the event Buyer terminates this Agreement as provided for in this sub- paragraph, Buyer shall provide written notice to the Seller within such FIVE (5) day time period that Buyer is electing to terminate this Agreement, Upon transmittal of such notice, this Agreement shall be of no further force and effect and Buyer shall receive a full return of its deposits and all interest earned thereon. SELLER'S INSTRUMENTS AND EXPENSES: Seller shall pay for and provide when applicable including any state sales tax due thereon: (a) the abstract of title; (b) a current U.C.C. encumbrance search; (c) preparation of statutory warranty deed and an affidavit regarding liens, possession, and withholding under FIRPTA, in a form sufficient to allow "gap" coverage by tide insurance; (d) documentary stamps on deed; (e) utility services to the closing date, the full amount of special taxes or assessments, including homeowner's special assessments, which are a lien or a special assessment that is certain as to the identity of the lienor or assessor, the property subject to the lien or special assessment and the amount of the lien or special assessment, on or before the Effective Date of this contract; (0 Seller's attorney fees; 10. BUYER'S INSTRUMENTS AND EXPENSES: Buyer shall pay for and provide when applicable including any state sales tax due thereon: (a) recording fee for deed; (b) preparation in form satisfactory to Seller of the purchase money note and mortgage, together with the documentary stamps on the Note and the intangible tax due on the Mortgage to the Seller; (c) abstract recertification or title continuation through date of deed recording; (d) survey; (e) preclosing notice to utility suppliers; (f) pending liens or special assessments passed (liens or special assessments other than those described in subparagraph "9(e)" hereof); and (g) the cost for an owner's policy of title insurance, the same to be issued by the Buyer's attorney;. Page 3 of 6 MAR 1 2 2002 12. 13. 14. !5. PRORATIONS AND SPECIAL ASSESSMENTS: These items will be prorated at closing, with the Buyer charged with and entitled to the closing date, or the possession date, which ever first occurs: (a) real estate and personal property taxes based on the current year (if available), otherwise on the prior year's bill (without discount) and readjusted upon receipt of tax bill if requested by either party; (b) rent and deposits (and accrued interest thereon); and (c) prepaid utilities and Collier County waste assessments. PROCEEDS OF SALE AND DISBURSEMENT PROCEDURE: If the Buyer has approved the title of Seller shown by the abstract, upon clearance of funds, the escrowee shall from the escrow funds pay for the deed stamps, recording the deed and continuing the evidence of title. The Seller's net proceeds of sale shall be held in escrow by Seller's attorney, or by such other escrow agent as may be mutuaIly agreed upon, and title status determined as soon as possible but not later than 5 business days after the closing date. If the continued evidence of title shows Seller's title has become unmarketable, Buyer shall within the 5 day period notify Seller in writing of the defect(s) and Seller shall have 30 days from date of receipt of such notification to cure such defect(s). If Seller falls to cure such defect(s) within 30 days, the Seller shall pay to the escrowee the costs of deed stamps, recording and continuation and ail Buyer's monies shall upon written demand be returned to Buyer within 5 days after demand. Simultaneously with such repayment, Buyer shall vacate the premises in the same condition as received and deliver a special warranty deed of the property to Seller. If Buyer fails to make a timely demand for refund, Buyer shall take title as is, waiving all rights against Seller except as may be available to Buyer by virtue of warranties contained in the deed. lfa portion of the purchase price is to be derived from institutional financing or re-financing, the requirements of the lending institution as to place, time of day, procedures for dosing, and for disbursement of mortgage proceeds shall control. However, the Seller shall have the right to require from the lending institution at closing a commitment that the lender will not withhold disbursement of mortgage proceeds as a result of any title defect attributable to Buyer~ mortgagor. If the evidence of title shows the title has remained marketable, or no demand has been made by Buyer, the Seller's net proceeds shall be disbursed to Seller and the other expenses of closing paid not later than 6 business days after recording. The escrow and closing procedures set out above shall be waived if the Buyer's attorney or title insurance agent insures against adverse matters pursuant to Section 627.7841,F.S. TITLE DEFECTS: Buyer shall have 15 days from receipt for examination of evidence of title and a reasonable time for examination of legal access. If title or legal access is found defective, Buyer shall within such time period, notify Seller in writing specifying the defect(s). If the defect(s) render(s) title unmarketable, or Seller cannot deliver possession, or there is no access per this contract, the Seller shall have 30 days from the receipt of notice within which to remove such defect(s). Seller agrees that Seller will, if Seller cannot deliver possession, or Seller has no access, or title is found to be defective, use diligent effort to correct the defect(s) within the time provided therefor, including the bringing of necessary suits. However, Seller shall not be liable to Buyer for damages if Seller cannot make title marketable, deliver possession or provide access. Buyer shall have the option of accepting such possession, access and title as Seller can provide without reduction of the purchase price, or of demanding a refund of all monies paid hereunder, and upon demand the monies shall be promptly returned to Buyer. Upon such demand and repayment the Buyer and Seller shall be released, as to one another, of all obligations under this contract. INSPECTION AND SURVEY: Seller hereby grants to Purchaser and Purchaser's agents, employees, servants, and contractors, the right to go upon the Subject Property and make whatever tests and investigations and do such things as Purchaser deems necessary or appropriate including, but not limited to, surveying of the Subject Property, and tests and investigations necessary for Purchaser to'determine the existence of any conditions represented to exist in this Agreement or with respect to which this Agreement is contingent, or that may be necessary for Purchaser to determine that the Subject Property may be used in the manner intended. Purchaser agrees to indemnify Seller from any injury sustained or caused by Purchaser, or its agents, employees, servants, and contractors, in going upon the Subject Property and making these tests and investigations except those as may result from the negligence or willful misconduct of Seller or anyone acting by, through, or under Seller. Buyer may, at Buyer's expense, have the real property surveyed so as not to delay the closing. If the survey, as certified by a registered Florida surveyor, correctly shows: (a) an encroachment onto the property; (b) an improvement located on the property projects onto lands of others; (c) an improvement violates a zoning or other governmental use restriction; or (d) an improvement violates any recorded, or Sales Contract covenant, Buyer will promptly notify the Seller in writing of the mistake, violation, encroachment or projection so Seller may treat it, and cure it, as a title defect. INGRESS AND EGRESS: Buyer's purchase is conditioned on the property having access to and from a public right of way sufficient for the Buyer's intended use. The Buyer may cancel this contract if there is no legal ingress and e~ress from the captioned property to a public right of way, unless Seller elects at his expense to proviCe such ingress and egress. AP..~A IT~E~ MAR I 2 2C32 16. FUNDS ESCROW: The undersigned escrow agent (the "escrowee") will accept in escrow the deposit monies provided in the contract and hold and apply the deposit(s) in escrow until the earlier of: (a) delivery for closing to another escrowee, who by acceptance agrees to these terms and becomes the escrowee (the real estate broker holding the deposit(s) is authorized to so transfer the funds), and the delivering escrowee is relieved of all liability for the funds delivered; (b) delivery of the deed, with payment of the deposit monies as part of the purchase price of the property; (c) such time as the Buyer may be entitled to a refund of the deposit(s); or (d) delivery pursuant to a direction signed by the parties, at which time the escrowee shall pay all of the deposit(s) to the party entitled thereto. The escrowee shall act with respect to the deposit(s) as a stakeholder only and without compensation. The escrowee shall not be liable for the payment of any interest, damages, attorney fees or court costs in any action that may be brought to recover the monies held in escrow, or any part thereof, unless the escrowee shall fail or refuse to pay over any such deposit(s) pursuant to a judgment, order or decree that shall be final beyond possibility of appeal in any proceeding which litigates the disposition of the deposit(s) the escrowee shall be entitled to be paid reasonable attorney fees and costs which shall be paid by the non-prevailing party. The escrowee has no duty to collect or attempt to collect any deposit or check given as a deposit but shall give the parties written notice of (1) any deposit that is not received within 5 days after its due date, and (2) any check for an initial deposit which is not paid on.presentation within 5 days after learning of its dishonor. Upon rece;F,t cf separate written directions from the Buyer, the deposit(s) shall be placed into an interest bearing account (but an insured account is not required) and alt interest accruing thereon shall be paid to the Buyer in any event, if the escrowee is a licensed real estate broker, the escrowee shall comply with the requirements of Chapter 475 F.S. An escrowee charging an escrow fee shall be liable for ordinary negligence. An escrowee not charging an escrow fee shall be liable only for willful misconduct or gross negligence. 17. ZONING AND SITE PLAN APPROVALS: The Buyer proposes to use the property for the operation of a fitness gym and associated retail sales of health care products, restaurant operation, and general office use. This Agreement is contingent upon the Buyer obtaining the necessary permits and approvals, including if required, an amendment to comprehensive plan, zoning, and site plan approvals, at the Buyer's sole cost and expense. The Seller agrees to cooperate and assist the Buyer to obtain the necessary approvals and permits. Buyer agrees that none of its activities will jeopardize the Seller's claim against the County that the Property is currently entitled to a C5 zoning designation, and that none of the Buyer's activities will jeopardize vested rights regarding the use and development of the Property, nor work a forfeiture of any such rights prior to the closing of the Agreement. 18. FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT (FIRPTA): Sellers who are U.S. citizens or who are resident aliens are exempt from this withholding. Buyer shall collect from the Seller, or deduct and withhold from the purchase price, a tax on the Seller equal to 10% of the purchase price unless the Seller shall satisfy Buyer that a statutory exemption relieves Buyer from such collection by furnishing to Buyer an affidavit which establishes exemption to Buyer's satisfaction and indemnifies Buyer for not collecting the tax. Seller shall not be required to pay to the Buyer or allow withholding by Buyer until the Buyer satisfies Seller the tax will be properly and timely paid. Within 10 days after receipt, Buyer will file with and pay such tax to the Secretary of the Treasury for the benefit of the Seller. The collection or withholding by Buyer, or establishment of an exemption by Seller, is a condition precedent to closing for the sole benefit of the Buyer. A failure of Seller to compty or allow compliance with the requirements of Section 1445 IRC (and regulations) is an event of default and breach of the contract by the Seller. 19. TIME OF PERFORMANCE AND REMEDIES: Time is of the essence for closing title. If Buyer does not perform Buyer's obligations hereunder (except as excused by the Seller's default) all deposits made shall be paid to the Seller as liquidated damages which shall be Seller's exclusive remedy. If Seller does not perform Seller's obligations hereunder (except as excused by the Buyer's default) Buyer may enforce this contract by a suit for specific performance, damages or may elect to terminate this contract and receive a refund of the deposit(s). 20. 21. LITIGATION COSTS AND ATTORNEY'S FEES: In connection with any litigation concerning this contract, the prevailing party shall be entitled to recover reasonable attorney's fees and costs. RADON GAS DISCLOSURE: Florida law requires the following disclosure: "Radon is a naturally occurring radioactive gas that when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health unit." Page 5 of 6 4AR 1 2 200? i 22. MISCELLANEOUS: The parties have agreed to deal in good faith and to diligently work toward a timely closing. The singular tense shall include the plural tense. This contract may only be modified in writing by the par~ies. Notification to a party may be made to that party's attorney or by that party's attorney. 23. PERIOD OF OFFER AND EFFECTIVE DATE: This offer or any counteroffer is revoked if not accepted and notice of acceptance delivered to offeror or the counter offeror by 5:00 PM, April ,2001. This time limit shall apply to all offers and counteroffers unless otherwise stated. The Effective Date of this Contract shall be the last date either the Buyer or Seller signs or initials this contract. Initialed changes must be dated or the latest date set forth on this contract shall be deemed to be the Effective Date. A facsimile shall be deemed to be an original. Offer and acceptance by facsimile is binding. 24. DISCLOSURE OF REAL ESTATE BROKER: Each party represents and warrants to the other that no brokers, sales agents, persons or parties have performed services which may entitle them to participate or earn a brokerage commission. The Seller will indemnify Buyer against any claims for commissions that may be asserted against Buyer by, through or under Seller; and the Buyer will so indemnify the Seller, 25. BUYER'S FAILURE TO CLOSE. Upon the failure of the contract to close, the Buyer will furnish to the Seller a copy of all surveys, engineering reports, the plans of any planner or designer, all soil boring tests and percolation tests made on the property. Any surveyor, engineer, planner, or other professional performing such services is hereby authorized to deliver a copy thereof to the Seller without further permission from the Buyer, it being understood and agreed that a copy of the Agreement will be adequate permission to furnish such information to the Seller. This right will survive the Agreement, and the Seller will be entitled to the foregoing items even if the Agreement should be otherwise terminated. 26. ASSIGNMENT. The Buyer may assign this Agreement to a corporation or limited liability company owned wholly or in part by Buyer provided the Buyer individually guarantees the payment and performance terms of this Agreement and the Note and Mortgage to be given at the closing Otherwise the Buyer may assign this Agreement only with consent and approval of the Seller, BUYER: which consent shall be unreasonably withheld. Date ' GR~ LI SELLER: Tax I.D.# Date Tax I.D.# Date ELHANON COMBS ~ANDRA S. COMBS DEPOSIT RECEIPT[¢ ~. Receipt of the initial deposit is acknowledged by [ ] cash or heck this ,2001, to be held in escrow per terms and conditions set forth in this contract by Se~thorized~ Escrow Agent.. E~;'r ,~gent's Signature MAR 1 2 2002 r-:ac_e ~ ~f 6 Page 1 of 2 ~ De~artmen t of State, Division of Corporations Florida Profit ~gNESS QUEST MANAGEMENT COMPANY PRINCIPAL ADDRESS PARRISH WHITE LAWHON & MOORE PA 3431 PINE RIDGE ROAD NAPLES FL 34109 MAILING ADDRESS PARRISH WHITE LAWHON & MOORE PA 3431 PINE RIDGE ROAD NAPLES FL 34109 ~l~Number FEI Number Date Filed :~!103227 651059894 11/02/2000 Status Effective Date ACTIVE NONE _ istered A Reg l~ent I Officer/Director Detail .1 ~ Name & Address [ Title CARLISLE, GREGORY 6986 LONE OAK BLVD D NAPLES FL 34109 Annual ~ort Year 2001 Filed Date Intangible Tax 06/08/2001 Il Y ~nl=PO0000103227&n2=NAMFWD&n3=0000&n4=N&r 1 =&r2=&2/11/2002 2002 Division of Corporations Page 2 of 2 Previous Filing Return to List I Next Filing No Events No Name History Information View Document Imag~(_s) THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT MAR 1 2 2002 ,,. ; .../cordet. exe?a 1 =DETFIL&n 1 =P00000103227&n2=NAMFWD&n3=0000&n4=N&r 1 =&r2= 2/11/2002 RESOLUTION NO. 02- RELATING TO PETITION .NUMBER NUC-2001-AR-1856, FOR A NON-CONFORMING USE CHANGE 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 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-I 02) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of requests for non-conforming use changes, 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 fitness center, including a pool and playground, in an "E" 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 1.8.6 of the Land Development Code for the unincorporated area of Collier County, and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled and the Board having considered all matters presented, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS of Collier County, Florida,: that The Petition Number NT. JC-2001-AR-1856, filed by Greg Carlisle, representing Elhanon and Sandra Combs, with respect to the property hereinafter described as: Tract 36, Golden Gate Estates Unit No. 29, as recorded in Plat Book 7, Page 57 of the Official Records of Collier County, Florida. be and the same hereby is approved for a fitness center, including a pool and playground, in the Estates Zoning District wherein said properly is located; BE 1T RESOLVED that this Resolution relating to Petition Number NUC-2001-AR-1856 be recorded in the minutes of this Board. ~.ITIDA I1T~M MAR t 2 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 COLrNTY, FLORDA JAMES N. COLETTA, CHAIRMAN Approved as to Form and Legal Sufficiency: Maijorie M. Student Assistant County Attomey MAR 1 2 2002 EXECUTIVE SUMMARY PETITION RZ-01-AR-1743. VINCENT A. CAUTERO OF WILKISON AND ASSOCIATES, INC., REQUESTLNG A REZONE FROM "A" RURAL AGRICULTURAL TO THE "RSF-5 (4)" RESIDENTIAL SINGLE FAMILY ZONING DISTRICT WITH A DENSITY CAP OF FOUR (4) UNITS PER ACRE FOR PROPERTY LOCATED AT THE NORTHEAST CORNER OF LITTLE LEAGUE ROAD AND LAKE TRAFFORD ROAD IN SECTION 31, TOWNSHIP 46 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 50.82 ACRES MORE OR LESS. OBJECTIVE: To have the Board of County Commissioners consider an application to rezone the subject site from "A" to "RSF-5 (4)" with a density cap of four units per acre allowing approximately168 single family lots that are consistent with all the applicable codes and regulations in order to ensure that the communi .ty's interests are maintained in this single-family neighborhood. CONSIDERATIONS: The petitioner is requesting to rezone subject 50.82 acre site from "A" Rural Agricultural to the RSF-5 (4) zoning district in order to allow for a single family subdivision utilizing the development standards of the RSF-5 Zoning District but limiting the density to four units per acre in order to be consistent with the maximum density allowed by the Immokalee Area Master Plan. Due to the narrow "L" shape of subject site, the petitioner has indicated that the minimum lot area (7,500 square feet) and lot width (70 feet) of the RSF-4 Zoning district are too large for the type dwellings provided by Habitat for Humanity. Since the development standards of the RSF-5 district only requires a minimum lot area of 6,000 square feet and a minimum lot width of 60 feet, the petitioner can design a subdivision that conforms to the site while allowing for the size of the proposed dwelling. In addition, the project is intended to be compatible with the existing RSF-5 (4) zoned neighborhood to the west and the approved Arrowhead PUD that permits residential dwellings at a density of 3.08 units per acre. Because the "RSF-5' Zoning District allows a density that exceeds the maximum allowed by the Immokalee Area Master Plan in this area, the density must be caped at 4 units per acre. Lastly, the site has legal access from Little League Road, which is a local residential street. Transportation Planning Staff has reviewed the applicant's request and has the following comment. The Traffic Impact Statement (TIS) indicates that the project will result in approximately 1,552 to 1,682 Average Daily Trips depending on the number of lots that can be platted. Based on this estimate, the proposed rezone will not generate traffic that will have significant impact on any County road. The projected traffic count for the segment of Lake Trafford Road fronting the project is 13,878 at build-out in 2004. This road segment is projected to operate at LOS "C" at that time. Therefore, ~is petition is consistent with Po Iici es 1.3, 1.4, 5.1 and 5.2 of the Transportation Element. MAR 1 2 2002 In regards to compatibility, it should be noted that the subject site has access off of Little League Road, which is a local residential road. The site is also opposite properties to the west that are developed with single family residential and are zoned "RSF-5 (4)". In addition, there is an undeveloped mixed-use PUD to the south known as the Arrowhead PUD. The residential density of this PUD is approximately 3.08 units per acre. The undeveloped Agricultural properties to the north and east are also eligible for residential development at 4 units per acre. As a result, the proposed petition should not adversely impact the existing residential land uses in the area. Therefore, staff is of the opinion that the development regulations, landscaping, screening and buffering requirements of the "RSF-5' District with the maximum density limited to 4 units per acre, are consistent with the existing and proposed development in the area. FISCAL IMPACT: This rezone 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: Library Impact Fee: Fire Impact Fee: · School Impact Fee: · Road Impact Fee: · Correctional Facilities: · Radon Impact Fee: · EMS Impact Fee: · Building Code Adm.: · Micro Film Surcharge: $578.00 per unit $180.52 per unit $0.15 per square feet of building $827 per unit $890 per unit $117.98 per dwelling unit $0.005 per square foot of building $2 per unit $0.005 per square foot of building $1.50 per unit For an average unit size of 1,000 square feet, the total fiscal impact will be $2,757.18 per unit. Since this project proposes 167 units, the total amount of residential impact fees collected at build-out will total $460,449.06. It should be noted that because impact fees vary by housing type and because this approval does not provide this level of specificity as to the actual type of use, the total impact fee quoted above is at best a raw estimate. 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. 2 NAR 1 2 2002 2_ 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 valorem tax rates. The revenue that will be generated depends on the value of the improvements. At this point in time a model has not been developed to arrive at a reasonable estimate of tax revenue based on ad valorem tax rates. Nevertheless, it should be appreciated that not withstanding the fiscal impact relationship, development takes place in an environment of concurrency management. When level of service requirements fall below adopted standards, a mechanism is in place to bring about a cessation of building activities. Certain LOS standards apply countywide and would therefore bring about a countywide concurrency determination versus roads that may have local concurrency implications. GROWTH MANAGEMENT IMPACT: The subject site is located within the Urban Residential- Low Residential District, as identified on the Immokalee Area Master Plan Future Land Use Element (FLUE) and map of the Growth Management (GMP). This designation allows for residential land uses and certain non-residential uses including recreational facilities. Relevant to this petition, this district permits a base density of 4 units per acre. Since the proposed application is to rezone to the "RSF-5" district (5 units per acre), staff has recommended that the density be capped at a maximum density of 4 units per acre. This is the same zoning and density cap that was approved on the properties to the east. Based on staff review for consistency with the GMP, the proposed "RSF-5 (4)" district is consistent with the Density Rating System contained in the Immokalee Area Master Plan & FLUE of the Collier County GMP. PLANNING SERVICES STAFF RECOMMENDATION: Staff recommends approval of Petition RZ-01-AR-1743 subject to a density cap of four (4) units per acre along with the stipulations contained in the Ordinance of Adoption and Exhibits thereto. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: Staff has rex iewed the Environmental Impact Statement (EIS) and has determined that the site does not contain any wetlands or impacts any environmentally sensitive areas. Therefore, this petition qualified for a waiver from being presented to the Environmental Advisory Council (EAC). As a result, staff has recommended approval subject to a provision that a minimum of 15 percent of the existing native vegetation be provided for on site or by mitigating for that area in larger plant material per Section 3.9.5.5 of the Land Development Code. For this site, a minimum of 1.93 acres is required. The preliminary subdivision plat shall show the areas where the native vegetation will either be retained or replanted in all three strata. In addition, the preliminary subdivision plat shall provide the required 25- foot buffer from the stream or evidence that the South Florida Water Management District is accepting a reduction in the buffer requirement. As a result, this petition was not required to go to the Environmental Advisory Commission (EAC). 3 MAR 1 2 2002 COLLIER COUNTY PLANNING cOMMISSION RECOMMENDATION: The Collier County Planning Commission (CCPC) reviewed this petition during their public hearing on February 21, 2002. By a vote of 4 to 1, the CCPC forwarded Petition RZ-01-AR-1743 to the Board of County Commissioners with a recommendation of approval subject to staff stipulations. The Planning Commissioners that voted to recommend approval determined that this petition is consistent with the Immokalee Area Master Plan and is compatible with the surrounding development. The one Commissioner that voted for denial had concerns about flooding and drainage in the area. Staff has not received any letters of objection while one-person spoke concerning the projects impacts on the storm water flow in the area. Therefore, this petition could not be placed on the summary agenda. -p~y~ELLOWS, CHIEF PLANNER C~NT PLANNING SECTION REVIEWED BY: /~USAN MURRAY, AICP, INTERIM DIRECTOR PLANNING SERVICES DEPARTMENT DATE DATE APPROVED BY: / Jo/SElbH K. SCH~I~T ADM!~rlSTRATOR CD ~MMI_JNITY D~V. AND ENVIRONMENTAL SVCS. RZ-01 -AR-1743/EX SUMMARY/'RVB/rb MAR 12 20O2 MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DATE: JANUARY 25, 2002 PETITION NO: RZ-2001-AR-1743, HABITAT FOR hnSMAN1TY AGENT/APPLICANT: Agent: Vincent A. Cautero Wilkison & Associates, Inc. 3506 Exchange Avenue Naples, Florida Owner: William Price, Trustee P.O. Drawer B Immokalee, Florida 33934 Contract Purchaser: Habitat for Humanity of Collier County, Inc. 11550 Tamiami Trail East Naples, Florida 34104 GEOGRAPHIC LOCATION: The subject property is located on the northeast comer of Little League Road and Lake Trafford Road in Section 31, Township 46 South, Range 29 East. (See location map on the following page). REQUESTED ACTION: The applicant is requesting the Collier County Planning Commission to make a recommendation regarding an application to rezone 50.82-acres from "A" Rural Agricultural to the "RSF-5 (4)" Zoning District to for 168 single-family dwelling units. This would allow the subject site to be developed in accordance with the RSF-5 development standards but with a density cap of four (4) units per acre. PURPOSE/DESCRIPTION OF PROJECT: The petitioner is requesting to rezone subject 50.82 acre site from "A" Rural Agricultural to the RSF-5 (4) zoning district in order to allow for a single family subdivision utilizing the development standards of the RSF-5 Zoning District but limiting the density to four units per acre in order to be consistent with the maximum density allowed by the Immokalee Area Master Plan. Due to the narrow "L" shape of subject site, the petitioner has indicated that the minimum lot area (7,500 square feet) and lot width (70 feet) of the RSF-4 Zoning district are tc the type dwellings provided by Habitat for Humanity. 1 2 2002 ! Since the development standards of the RSF-5 district only requires a minimum lot area of 6,000 square feet and a minimum lot width of 60 feet, the petitioner can design a subdivision that conforms to the site while allowing for the size of the proposed dwelling. In addition, the project is intended to be compatible with the existing RSFo5 (4) zoned neighborhood to the west and the approved Arrowhead PUD that permits residential dwellings at a density of 3.08 units per acre. Because the "RSF-5' Zoning District allows a density that exceeds the maximum allowed by the Immokalee Area Master Plan in this area, the density must be caped at 4 units per acre. Lastly, the site has legal access from Little League Road, which is a local residential street. SURROUNDING LAND USE AND ZONING: Existing Conditions: The subject site is a vacant wooded lot that is zoned "A". Surrounding: North: East: South: West: Undeveloped, Zoned "A-MHO" Agricultural/Mobile Home Overlay Undeveloped, Zoned "A-MHO" Agricultural/Mobile Home Overlay Undeveloped mixed-use residential & commercial project, Zoned "Arrowhead PUD". The residential density is 3.08 units per acre. Little League Road & developed residential, Zoned "RSF-5 (4)". GROWTH MANAGEMENT PLAN CONSISTENCY: This petition has been distributed to the appropriate jurisdiction review entities specifically for review for consistency with the current Growth Management Plan and the Land Development Code. Future Land Use Element: The subject site is located within the Urban Residential- Low Residential District, as identified on the Immokalee Area Master Plan Future Land Use Element (FLUE) and map of the Growth Management (GMP). This designation allows for residential land uses and certain non-residential uses including recreational facilities. Relevant to this petition, this district permits a base density of 4 units per acre. Since the proposed application is to rezone to the "RSF-5" district (5 units per acre), staff has recommended that the density be capped at a maximum density of 4 units per acre. This is the same zoning and density cap that was approved on the properties to the east. Based on staff review for consistency with the GMP, the proposed "RSF-5 (4)" district is consistent with the Density Rating System contained in the Immokalee Area Master Plan & FLUE of the Collier County GMP. Transportation Element: The Traffic Impact Statement (TIS) indicates that the project will result in approximately 1,552 to 1,682 Average Daily Trips depending on the number of lots that can be platted. Based on this estimate, the proposed rezone will not generate traffic that will have significant impact on any County road. The projected traffic count for the segment of Lake Trafford Road fronting the project is 13,878 at build-out in 2004. This road segment is projected to operate at LOS "C" at that time. Therefore, this petition is consistent with Policies 1.3, 1.4, 5.1 and 5.2 of the Transportation Element. Sewer and Water: The subject property will be connected to the Immokalee sewer and water system. Other Applicable Elements: Staff review indicates that this petition has been account for all the necessary relationships dictated by the GMP. Mitigation n stipulations have been developed to ensure consistency with the GMP during tl~ de si ~~l-/~ casual, andT~ ~_.a permitting MAR 1 2 2002 process. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Section 3.15 of the Collier County Land Development Code, Adequate Public Facilities, at Final SDP approval, final plat approval, or final approval of building permit(s) applicable to this development, whichever occurs first. Therefore, this petition is consistent with the goals and policies of the GMP. Consistency with the goals, objectives and policies of other applicable elements of the GMP and level of service relationships are to be achieved by stipulations and/or development commitments made a part of the approval of this development order. HISTORIC/ARCHAEOLOGICAL IMPACT: Staft~s analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. However, pursuant to Section 2.2.25.8.1 of the Land Development Code, this project is subject to the following condition. If, during the course of site clearing, excavation or other construction activity an historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. EVALUATION OF ENVIRONMENTAL~ TRANSPORTATION & INFRASTRUCTURE: 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. These reviews help shape the content of the project and cause development commitments to be formulated to achieve GMP and LDC requirements. The Environmental Review staff has reviewed the Environmental Impact Statement and has made the following determination. The project qualifies for a waiver from being presented to the Environmental Advisory Council (LAC) since the site does not contain any wetlands or impacts any environmentally sensitive areas. As a result, they have recommended approval subject to a provision that a minimum of 15 percent of the existing native vegetation be provided for on site or by mitigating for that area in larger plant material per Section 3.9.5.5 of the Land Development Code. In addition, the Transportation Department has also recommended approval of the petition subject to the construction of the required turn lanes. EVALUATION: Appropriate evaluation of petitions for rezoning should establish a factual basis for supportive action by appointed and elected decision-makers. The evaluation by professional staff should typically include an analysis of the project's relationship to the community's future land use plan, and whether or not a rezoning action would be consistent with the Growth Management Plan and all of its related elements. Other evaluation considerations should include an assessment of adequacy of transportation infrastructure, utilities, and compatibility with adjacent land uses. These considerations are reviewed comprehensively as a facet of analyzing the relationship of the rezoning action to the long-range plan for future land uses. The most important facet of the rezoning is that it constitutes a legislative statement that authorized the use of land for a specific development strategy, provided the development of the land can go forward. It may or may not affect the timing of development because of subsequent permitting requirements. 3 MAR I 2 2002 Staff has completed a comprehensive evaluation of this land use petition and the criteria on which a favorable determination must be based. The listed criteria are specifically noted in Section 2.7.3.2.5 of the LDC thus requiring staff evaluation and comment, and form the basis for a recommendation of approval or denial by the Planning Commission. The Planning Commission recommendations are forwarded to the Board of County Commissioners for their consideration. Each of the potential impacts or considerations identified during the staff review is listed under each of the criteria as noted below. A summary of staWs review and conclusion is provided culminating in a determination of compliance, non-compliance, or compliance with mitigation. These evaluations are completed as a separate document that is attached to the Staff Report (Exhibit "A"). Notwithstanding the above, staff in reviewing the determinants for adequate findings to support a rezoning action as follows: Relationship to Existing Land Uses - In regards to compatibility, it should be noted that the subject site has access off of Little League Road, which is a local residential road. The site is also opposite properties that are zoned "RSF-5 (4)" to the west. In addition, there is an undeveloped mixed-use project to the south, the Arrowhead PUD. The residential density of this PUD is approximately 3.08 units per acre. The undeveloped Agricultural properties to the north and east are also eligible for residential development at 4 units per acre. As a result, the proposed petition should not adversely impact the existing residential land uses in the area. Therefore, staff is of the opinion that the development regulations, landscaping, screening and buffering requirements of the "RSF-5" District with the maximum density limited to 4 units per acre, are consistent with the existing development in the area. Relationship to Future Land Uses - A discussion of this relationship, as it applies specifically to Collier County's legal basis for land use planning, refers to the relationship of the proposed zoning action to the Urban Residential- Low Residential District, as identified on the Immokalee Area Master Plan Future Land Use Element (FLUE) and map of the Growth Management (GMP). Since the proposed application is to rezone to the "RSF-5" district with the density capped at a maximum of 4 units per acre, the proposed "RSF-5 (4)" district is consistent with the Density Rating System contained in the Immokalee Area Master Plan & FLUE of the Collier County GMP. Traffic Circulation and Impact - Staffhas identified the fact that the change in land use will not have a significant impact on any County road by virtue of the fact that vehicular site-generated trips will not lower the level of service on any County roadway below the adopted minimum standards for these roadways. STAFF RECOMMENDATION: Staff recommends that the Collier County Planning Commission forward Petition RZ-01-AR- 1743 to the Board of County Commissioners (BCC) with a recommendation for approval subject to staff stipulations incorporated into the Ordinance of adoption. 4 AGENDA ITEM~ 1 2 2002 PREPARED BY: ,4 }~..\\' BELLOWS, CHIEF PLANNER I '~_' RRENT PLANNING SECTION DATE REVIEWED BY: ~ :'SAN MURRAY, AICP, MANAGER ~ LR~NT PLUG SECTION -;~OXIAS E. KUCK, P.E., ACT~G D~CTOR ?'_AN2~G SERVICES DEP~TMENT DATE DATE : PPROVED BY: .~ ;,SEPH K. SCH~ITT, ADMZqISTRATOR / (~ :_ MNIL2NITY DEV. AND ENVIRONMENTAL SVCS. Report for February 21, 2002 CCPC meeting. ', 3LLIER COUNTY PLANNING COMMISSION: 1 Z ZNNETH L. ABERNATHY, C-t:~kIRMAN ', - -.\R-~-43 STAFF REPORT/R'¢B/rb ,MAR I 2 2002 ill J REZONE FINDINGS PETITION RZ-01-AR-1743 Sec:ion 2.7.2.5 of the Collier County Land Development Code requires that the report and rec.~:mmendations 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 ::,lc 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 (GMP). Development Orders deemed consistent with all applicable elements of the Immokalee Area Master Plan and Future Land Use Element (FLUE) of the GMP should be considered a positive relationship. The proposed "RSF-5 (4)" Zoning District with a density cap of 4 units per acre is in compliance with the Immokalee Master Plan by meeting the Density Rating System as noted in the Staff Report. 2. The existing land use pattern; There are existing residential dwellings to the west across Little League Road that are zoned RSF-5 (4). (See Staff Report) The possible creation of an isolated district unrelated to adjacent and nearby districts; Tile proposed rezone is the same as the approved residential zoning to the west. Therefore, the parcel if zoned to RSF-5 (4) will not result in an isolated district unrelated to adjacent and nearby districts because it is adjacent to the same residential zoning. e 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 Immokalee Area Master Plan and FLUE of the GMP. Adjacent lands to the south and west include residential uses while lands to the north are zoned Agricultural. Whether changed or changing conditions make the passage of the proposed amendment necessary. Tile proposed zoning change is appropriate based on the existing conditions of the property while the proposed rezone serves as an extension of the existing single-family ,levelopment to the west. Therefore, the relationship of the proposed zone change to the ~ :n;nokalee Master Plan is a positive one. (See Growth Management Plan Consistency in :, :: :'? Re~ort) A I e e e Whether the proposed change will adversely influence living conditions in the neighborhood; The proposed residential dwellings will not change the development patterns in the area and is the same as the existing RSF-5 (4) development to the west. Therefore, the proposed change will not adversely influence living conditions in the adjacent residential neighborhood because the required development standards as contained in the Land Development Code have been promulgated and designed to ensure the least amount of adverse impact on adjacent and nearby developments. 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. The petition to rezone the property as requested is consistent with all applicable policies in the Transportation Element. (See Staff Report) The property fronts directly on a public road thereby providing an immediate access to the arterial road network over which traffic fi.om these residential lots would be defused. Conversely, urban intensification results in greater volumes of traffic on the local and arterial road system. Lastly, the evaluation of this project took into account the requirement for consistency with Policies 5.1 & 5.2 of the Transportation Element. As a result, this petition will not excessively increase traffic congestion on any County road. In the final analysis all rezone actions are subject to the Concurrency Management System. 8. Whether the proposed change will create a drainage problem; The Land Development Code specifically addxesses prerequisite development standards that are designed to reduce the risk of flooding on nearby properties. New development in and of itself is not supposed to increase flooding potential on adjacent property over and above what would occur without development. It should be noted that 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; The proposed rezone will not impact the circulation of light and air to adjacent areas. All projects in Collier County are subject to the development standards that are unique to the zoning district in which they are located. These development standards and others apply generally and equally to all zoning districts (i.e. open space requirement, corridor management provisions, etc.) and were designed to ensure that light penetratigI1 and circulation of air does not adversely affect adjacent areas, sr, ra~A rrroA MAR 2 2002 2 10. I1. 12. 13. 14. Whether the proposed change will adversely affect property values in the adjacent area; Typically urban intensification increases the value of contiguous underutilized land, a condition that exists on the southeast side. This is a subjective determination based upon anticipated results that 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 not 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 LDC is that their sound application when combined with the administrative preliminary subdivision plat and/or 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 petition is consistent with the Immokalee Area Master Plan & FLUE of the GMP. Therefore, 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 these 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 as made possible by its consistency with the Immokalee Area Master plan and the GMP. Whether the change suggested is out of scale with the needs of the neighborhood or the County: The proposed change to the RSF-5 (4) zoning district complies with the Immokalee Area Master Plan and the GMP. The proposed zoning is also the same as the RSF-5 (4) properties to the west. It should be noted that the proposed density is capped at 4 units per acre. Lastly, a policy statement, which has evaluated the scale, density and intensity of land uses, is deemed to be acceptable for this site. ~7.,~I~A ~ MAR 1 2 2002 3 pg._ 15. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use? There are many other sites that are zoned to accommodate the residential use. However, 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 Immokalee Area Master Plan and the GMP, compatibility, and adequacy of infrastructure. 16. 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. Physical alteration is a product of developing vacant land that cannot be avoided. However, those impacts have been limited by placing a cap on the maximum density of 4 units per acre. 17. The impact of development on the availability of adequate public facilities and sel~'ices 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. AR- 1743/RVB/rb 4 I AR I 2 2002 Map Output Page 1 of 1 MAR 1 2 2002 http://gi.../c~m.esri.esrimap.Esrimap?ServieeNamu=ccpa-design&F~rm=True&En~de=Tru 1/31/2002 7,)! -. ,~ICATION FOR PUBLIC HEARING FOR: STANDARD REZONE Pet Co: N,~.' · - ~on District: RZ-2001-AR-1743 Date Petition Received: -- PROJECT #2001080019 DATE: 11/14/01 Planner Assigned: _ CHAHRAM BADAMTCHIAN 7.7 '~ BE CO,XLPLETED BY STAFF :eral Information: ...-:: of Applicant(s) Habitat for Humanity of Collier County. Inc. 11550 Tamiami Trail E. : :ant's Mailing Address Naples State Florida Zip 34113 i~':nt's Telephone # (941) 775-0036 · :: of Agent Vincent A. Cautero. AICP . :;'> .Xlailing Address 3506 Exchange Avenue Naples ':'.5 Telephone # (941) 643-6752 Fax # (941) 775-0477 Firm Wilkison & Associates. Inc. State Florida Zip Fax # (941) 643-5173 34104 APPI ,~126 .'.'ilk~ COLLIER COUNTY COMMUNITY DEVELOPMENT PLANqNING SER'VICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE-NAPLES, FL 34104 PHONE (941) 403-2400/1:'AX (941) 643-6968 · :'~ i:' !II.L~.RING I-'OP, 5'I'ANI) \1.:I) IkEZONE - 10/98 MAR 1 2 2002 PAGE 1 OF 15 Cot: -,!crc the following for all Association(s) affiliated with this petition. (Provide additional she~ -l'necessary) Nat' ,~l' Homeowner Association: Not Applicable. Ma~ · Address City State Zip Nm ,,i'Homeowner Association: Not Applicable. Mai -Address City State Zip Nar ~i' Homeowner Association: Not Applicable. Ma~ · Y, ddress City State Zip Nm ,f .X laster Association: Not Applicable. Mal 'xddress City State Zip Nar !~ Civic Association: Not Applicable. Ma:. _ .\ddress City State Zip .::..,,su re of Interest Information: the property is owned fee simple by an INDIVDUAL, tenancy by the entirety, :chancy in common, or joint tenancy, list all parties with an ownership interest as well the percentage of such interest. (Use additional sheets if necessary). Name and Address Percentage of Ownership APPL '~he property is owned by a CORPORATION, list the officers and stockholders and percentage of stock owned by each. Name and Address Not Applicable. ..I it' iIi-iARING I:OR STANI) \RI) ILEZON"E - 10/98 Percentage of Ownership MAR 1 7 2002 0126. ",\'dki~ October 31. 2001 If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address Not Applicable. Percentage of Ownership If the property is in the name of a GENERAL or LIM/TED PARTNERSHIP, list the name of the general and/or limited partners. Name and Address Not Applicable. Percentage of Ownership If there is a CON~YRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Name and Address Habitat for Humanit7 of Collier Count~, Florida Percentage of Ownership 100% Date of Contract If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust. Name and Address APPLICATION FOR PUBLIC ItEARING FOR STANDARD REZONE- 10/98 MAR ~L 2002 0126.1 Conventional Rezone (R) Application Willcison & Associates, lac. PAGE 3 OF 15 October 31, 2001 l~ Date subject property, acquired [-'"] leased [--] Term of lease ~.yrs./mos. :'. Petitioner has option to buy, indicate date of option: July 19, 2000 and date option · :: minates: , or anticipated closing date April 4, 2001 hould any changes of ownership or changes in contracts for purchase occur subsequent the date of application, but prior to the date of the final public hearing, it is the c?onsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure interest form. E .~iled legal description of the property covered bv the application: (If space is :.,::uate. attach on separate page.) If request involves change to more than one zoning ::~. include separate legal description for property involved in each district. Applicant si ~ submit four (4) copies of a recent survey (completed within the last six months, n- . mum 1" to 400' scale) if required to do so at the pre-application meeting. ".~..':. The applicant is responsible for supplying the correct legal description. If questions a: - :onceming the legal description, an engineer's certification or sealed survey may be rc .~: ed. L . Description of Subject Property: S_ :; 31 Twp. 46S L .; Not Applicable Block (s) P 5ook Page # Range 29E Subdivision: Property I.D. # See Attached. Bounds Description: 4. Si ~ ',t' nroperty: See attached Maser Plan __ 5. A__..: :-es~/general location of subject property: L~ . Trafford Road in Immokatee. Florida. ft. X ~ ft. = Total Sq. Ft. Acres 50.82 Comer of Little League Road and Z N S E ~' \PPLI( 9126.1 ( ',Vtikisor :':,:nt zoning and land use: · ,-'~ :,.nd PUT) -",~HO. VR and CF LAND USE Low. medium and high residential Hi ~h residential and medium residential Low residential and neighborhood commercial Lo,~ residential ' ::1. ~': IE.\ R IN(; FOP. S'FA N l) \ gl) I~.I-~ZON'E - 10/98 P] Octc GE 4 OF 15 the owner of the subject property own property contiguous to the subject property? If iive complete legal description of entire contiguous property. (If space is inadequate, on separate page). Not Applicable. S.. ~ on Twp. Range k ,si Block (s) Subdivision: Pi .. Book Page # Property I.D. # Bounds Description: I( .:m~e Request: This application is requesting a rezone from the A (rural agriculture) z. --2 district (s) to the RSF-5 zoning district(s). P :hr Use of the Property: Vacant; ~azing P 'osed Use (or range of uses) of the property: Sinale-familv residential subdivision $. E C C tk m .~i~mtion Criteria: Pursuant to Section 2.7.2.5. of the Collier County Land Development _c. staff's analysis and recommendation to the Planning Commission, and the Planning ::::::ssion's recommendation to the Board of County Commissioners shall be based upon :Beration of the applicable criteria noted below. Provide a narrative statement describing · :'~'zone request with specific reference to the criteria noted below. Include any backup · _.:'~:ls and documentation in support of the request. S: .',,~','t Re~one Considerations (LDC Section 2.7.2.5. ) ~,i'PLI( ,~126.1 ( ',V~ ikiso;. "."c:her the proposed change will be consistent with the goals, objectives, and policies · x:' ;!tmre land use map and the elements of the growth management plan. :.visting land use pattern. .' '¥xible creation of an isolated district unrelated to adjacent and nearby districts. ':~:'.,' e.risNng district boundaries are illogically drawn in relation -' ,,,- ou the property for the proposed change. · i ~ ~' [IKARING }'OR STANDARI) REZONE - 10/98 to existing ! 2 2002 PAGE 5 OF 15 ctob~r~i: 2001ZO 5. Whether changed or changing conditions make the passage of the proposed amendment (rezone) necessary. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. 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. 8. Whether the proposed change will create a drainage problem. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. 10. Whether the proposed change will seriously affect property values in the adjacent area. 11. Whether the proposed change will be a deterrent to the improvement or devetoptnent of adjacent property in accordance with existing regulations. 12. 13. 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. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the county. 15. Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. 16. 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. The .impact of development on the availability of adequate public facilities and services consistent with tlm levels of service adopted in the Collier County growth management plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. 11], as amended. 18. deem important in the protection of the public health, safety, and welfare. Such other factors, standards, or criteria that the board of county commissioners shall APPLICATION FOR PUBLIC KEARI~G FOR STANDARD REZONE - 10/98 0126.1 Conv~naonal Rezone (R) Application Wilkison & Associates, Inc. MAR 1 2 2002 'AGE 6 OF 15 0 '.ober 31, 2001 2 / Deed Restrictions: The County is legally precluded from enforcing deed restrictions, h, ',. ever, many communities have adopted such restrictions. You may wish to contact the ci'. ': or property owners association in the area for which this use is being requested in order t6 ..scertain whether or not the request is affected by existing deed restrictions. 10. P~-evious land use petitions on the subject property: To your knowledge, has a public h~::~:ng been held on this property within the last year? ff so, what was the nature of that hc ~.,.-ing? No. ll.A:~ditional Submittal requirements: In addition to this completed application, the ;otlowing shall be submitted in order for your application to be deemed sufficient, unless ,)tiaerwise waived during the pre-application meeting. copy of the pre-application meeting notes; If this rezone is being requested for a specific use, provide fifteen (15) copies of a 24" x 36" conceptual site plan [and one reduced 81/2" x I 1" 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], · 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. .*n Environmental Irr~pact Statement (EIS), as required by Section 3.8. of the Land Development Code (II)C), or a request for waiver if appropriate. APPLIr 0126.1 '3.'ilkisc- : ?i'111.IC IIEARING FOR STAN])ARI) REZONE - 10/98 R NAR 1 2 2002 ~AGE 7 OF 15 (-.) TRAFFIC IMPACT STATEMENT (TIS).' A TIS is required unless waived at the pre-application meeting. The TIS required may be either a major or minor as determined at the pre-application meeting. Please note the following with regard to TIS submittals: MINOR TIS: Generally required for rezone requests for property less than 10 acres in size, although based on the intensity or unique character of a petition, a major TIS may be required for petition of ten acres or less. MAJOR TIS: Required for all other rezone requests. A minor TIS shall include the following: Trip Generation: Annual Average Daily Traffic {,at build-out)Peak Hour (AADT) Peak Season Daily Traffic Peak Hour (PSDT) 2. Trip Assignment: Within Radius of Development Influence (RDI) 3. Existing Traffic: WithinRDI AADT Volumes , PSDT Volumes Level of Service (LOS) 4. Impact of the proposed use on affected major thoroughfares, including any anticipated changes in level of service (LOS). 5. Any proposed improvements (to the site or the external right-of-way) such as providing or eliminating an ingress/e~ess point, or providing turn or decel lanes or other improvements. 6. Describe any proposal to mitigate the negative impacts on the transportation system. 7. For Rezones Only: State how this request is consistent with the applicable policies of the Traffic Circulation Element (TCE) of the Growth Management Plan (GMP), including policies 1.3, 1.4, 4.4, 5.1,5.2, 7.2 and 7.3. A Major TIS shall address all of the items listed above (for a Minor TIS, and shall also include an analysis of the following: 1. Intersection Analysis 2. Back~ound Traffic 4. 5. 6. Future Traffic Through Traffic Pl annect/Proposed Roadway Improvement T:,,m~>ed Schedule (Phasing) of Development APPL1C ~. I'I*)N FOR PUBLIC IIEAR~G FOR STANDARD REZONE - 10/98 0126.1 (. :' :nu~nal Rezone (R)Apphcation Wilkisoh ~ ',,sociates, Inc. MAR 1 2 2002 ctober'Tl~ ~66~ TRAFFIC IMPACT STATEMENT (TIS) STANDARDS: The following standards shall be used in preparing a TIS for submittal in conjunction with a conditional use or rezone petition: Trip Generation: Provide the total traffic generated by the project for each link within the project's Radius of Development Influence (RDI) in conformance with the acceptable traffic engineering principles. The rates published in the latest edition of the Institute of Transportation Engineers (ri'E) Trip Generation Report shall be used unless documentation by the petitioner or the County justifies the use of alternative rates. Trip Assignment: Provide a map depicting the assignment to the network, of those trips generated by the proposed project. The assignment shall be made to all links within the RDI. Both annual average and peak seasonal traffic should be depicted. -3. Existing Traffic: Provide a map depicting the current traffic conditions on all links within the RDI. The AADT, PSDT, and LOS shall be depicted for all links within the RDI. 4. Level of Service (LOS): The LOS of a roadway shall be expressed in terms of the applicable Collier County Generalized Daily Service Volumes as set forth in the TCE of the GMP. 5. Radius of Development Influence 01DI): The TIS shall cover the least of the following two areas: an area as set forth below; or, the area in which traffic assignments from the thoroughfares exceeds one percent of the LOS "C". proposed project on the major Land Use Distance Residential 5 Mil'es or as required by DRI Other (commercial, industrial, institutional, etc.) 0 - 49, 999 Sq. Ft. 2 Miles 50,000 - 99, 999 Sq. Ft. 3 Miles 100,000 - 199, 999 Sq. Ft. 4 Miles 200,000 - 399, 999 Sq. Ft. 5 Miles 400,000 - & up 5 Miles In describing the RDI proposed project rather APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE - 10198 0126.1 Conventional Rezone (R) Application Wilkison & Associates, Inc. the TIS shall provide the measurement in road miles from the than a geometric radius. MAR 1 2 2002 PAGE 10 OF 15 I0. 11. Inmrsection Analysis: An intersection analysis is required for all intersections within the where the sum of the peak-hour critical lane volume is projected to exceed 1,200 ~,i,~icIes Per Hour (VPH). l;:M~ground Traffic: The effects of previously approved but undeveloped or partially c~,,. eloped projects, which may affect major thoroughfares within the RDI of the proposed ;-..,-!cot. shall be provided. This information shall be depicted on a map or, alternatively, in a !'-:~ n g of those projects and their respective characteristics. :ture Traffic: An estimate of the effects of traditional increases in traffic resulting from .~ential development shall be provided. Potential development is that which may be eioped maximally under the effective Future Land Use Element (FLLTE) and the Collier ,~ntv Land Development Code. This estimate shall be for the projected development areas the projects RDI. A map or list of such lands with potential traffic impact calculations be provided. 'i'i~rouqh Traffic: At a minimum, increases in through traffic shall be addressed through the · ::: 2015. The methodology used to derive the estimates shall be provided. It may be c~:;irable to include any additional documentation and backup data to support the estimation ":nned/Proposed Roadway Improvements: Ail proposed or planned roadway I~-::wovements located within the RDI should be identified. A description of the funding c, ::,mitments shall also be included. P",iect Phasing.' When a project phasing schedule is dependent upon proposed roadway i:-:::~rovements, a phasing schedule may be included as part of the TIS. If the traffic impacts of a -:'oiect are mitigated through a phasing schedule, iuch a phasing schedule may be made a c: ,n&tion of any approval. TIS F(7,'~ .: RVB/RJM 10/17/97 APPL: 0126.; '3.'ilkis : .".'!II.lC IIF..\RING I.'OR ST.\Nt).\I*d) RJEZONE - 10/98 ...'~ ::c, R I Applicanon MAR I 2 2002 :tober~l~, 2001 STATEMENT OF UTILITY PROVISIONS FOR STANDARD REZONE REQUEST 1. NAME OF APPLICANT: 2. MAr[JNG ADDRESS: CITY Naples Habitat for Humanity of Collier County, Inc. 11550 E. Tamiami Trail STATE Florida ZIP 34113 3. ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): corner of Little League Road and Lake Trafford Road. Not applicable. Northeast 4. LEGAL DESCRIPTION: Section 31 Twp. Lot (s) Not Applicable Plat Book Page # Metes & Bounds Description: 46S Range 29E Block (s) Subdivision: Property I.D. # See attached. TYPE ao OF SEWAGE DISPOSAL TO BE PROVIDED (Check applicable system): COUNTY UTILITY SYSTEM CITY UTILITY SYSTEM r--} FRANCHISED UTIIJTY SYSTEM PROVIDE NAME Immokalee Water & Sewer District PACKAGE TREATMENT PLANT (GPD capacity) SEPTIC SYSTEM [-'] TYPE OF WATER SERVICE TO BE PROVIDED: a. COUNTY UTIIJTY SYSTEM ~] b. CITY UTII.rrY SYSTEM [-'] c. FRANCHISED UTIIJTY SYSTEM l~ PROVIDE NAME Immokalee Water & Sewer District a. PRIVATE SYSTEM (Wl:~JJ.) r~ 7. TOTAL POPULATION TO BE SERVED: 525 (3.5/hh) APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE - 10/98 0126.1 Couveufioual Rezoue (R) Application Willd$on & Associates, Inc. 1 2 2002 &O 9_t_L__ 21, 22,31 PEAK AND AVERAGE DAILY DEMANDS: a. WATER-PEAK 146 gpm b. SEWER-PEAK 146 gpm AVERAGE DAILY AVERAGE DAILY 52,500 gpd 52,500 gpd IF PROPOSING TO BE CONNECTED TO CO!I.IER COUNTY REGIONAL WATER $YSTEM, PLEASE PROVIDE Tt~ DATE SERVICE IS EXPECTED TO BE REQUIRED: Not applicable. 10. _NARRATIVE STATEMENT: Provide a brief and concise narrative statement and schematic drawing of sewage treatment process to be used as well as a specific statement regarding the method of effluent and sludge disposal. If percolation ponds are to be used, then percolation data and soil involved shall be provided from tests prepared and certified by a professional enmneer. Not applicable. 11. COLLIER COUNTY UTILITY DEDICATION 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 .!istribution and sewage collection facilities within the project area upon completion of the construction of these facilities in accordance with all applicable County ordinances in effect ,.: the at time. This statement shall also include an agreement that the applicable system d~velopment charges and connection fees will be paid to the County Utilities Division prior ~o the issuance of building permits by the County. If applicable, the statement shall contain ~-hail contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. Not applicable. 12. STATEMENT OF AVAILABILITY CAPACITY FROM OTHER PROVIDERS: Unless v. aived or otherwise provided for at the pre-application meeting, if the project is to receive sewer or potable water services from any provider other than the County, a statement from that provider indicating that there is adequate capacity to serve the project shall be provided. See attached. Utility i'roHsion Statement RJM 10/17/97 APPL "! ~ ~R I'UBI.IC IIEARLNG FOR STANDARD REZONE - 10/98 0126.' '-~, R:r_cn: R)Appiicat~on AGENDA ITEM MAR 1 2 2002 PA~Jt~ i~ ~t- 1~ Uctober 31, 2001 STANDARD REZONE APPLICATION SUBMITTAL CHECKI,IST THIS COMPLETED CHECI~IST IS TO BE SUBMITTED WITH APPLICATION PACKET~ REQUIREMENTS # OF NOT COPIES REQUIRED REQUIRED 1. Completed Application 15 X 2. Copy of Deed(s) and list identifying Owner(s) and all 1 X Partners if a Corporation 3. Completed Owner/Agent Affidavit, Notarized 1 X 4. Pre-application notes/minutes 15 X 5. Conceptual Site Plans 15 X 6. Environmental Impact Statement - (EIS) 4 X 7. Aerial Photograph - (with habitat areas identified) 4 X 8. Completed Utility Provisions Statement (with required 4 X attachments and sketches) 9. Traffic Impact Statement - (TIS) 4 X 10. Historical & Archaeological Survey or Waiver 4 X Application 11. Copies of State and/or Federal Permits 4 X 12. Architectural Rendering of Proposed Structure(s) 4 X 13. Application Fee, Check shall be made payable to ' X Collier County Board of Commissioners 14. Other Requirements - As the authorized agenffapplicant for this petition, I attest that all of the information indicated on this checklist is included in this submiual package. I understand that failure to include all necessary submJual information may r~sult Agent/Applicant Signature APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE- 10/98 0126.1 Cenventional Rezone (R) AppLication Wilkison & Associates. Inc. Date MAR 1 2 2002 CE 14 o~ ~5~)~ >b~ 3~.0o~o AFFIDAVIT depose and say that well 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, ail 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. fl 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 Wilkison & Associates, Inc. as our/my representative in any matters regarding this Petition. to act Signature of Prope~ Owner Signature of Property Owner Typed or Printed Name of Owner Typed or Printed Name of Owner State of Florida County of Collier (Print, Type, or Stamp Commissioned Name of Notary Public) The fo_regoing instrument w~t~ ac, knowledged before me this ~ day of ~ ~30 . , 200_.~ by~\ ~,-~.~,Ootw'x (~.~. '~'~'[ q._~ .who is personally trnawn-to me or has produced as identification. ' ($ignmur~-ofNota~-Public- State of~rida) APPLICATION FOR PUBLIC _lq'EARING FOR STANDARD i~..ZONE - lOB)8 0126.1 Conventional Rezone (R) AppliCation Wilki~m~ & A.~ociatm, lac. ~IOA ITEM, MAR 1 2 20O2 AGI~ 15 OF 15 _ :tol~r ~ 2001 2..~ jEO1 : FL-O1-BI~2-2 05/29/200! 12:27:32~m Page I of 3 PR£CI. whOC: .~Acot~ae eddrela zl P. O. Drawer a, zumoxe~ae, lc~ :ce a~ t~ paPttee bo tdi~e ~ns~r~en~ m~ ~be of elMreo~ .:.rmb~ naknouledled, herobF Irlfltl, bir~mt~m, · -~_.~ Comnnta$ et the lor~eHt 4omar or q~. ;, C 30.17 fee~ ~a · a~ere~o nonuen~ For .~2L with ~, gam~ l~e er Hid Oove~t Lo~ of ~ :~orth ~ouuda~ line of 8~ate awaken; ~r-.s ~' ~0' g ~SO feet ~ a ~ntt ~.noe ~ root ~o ~h. Point of amiLnntnl. ~e above ':r:~eot qumrter C~-l/q) of 8eectofl 31, T~hXp ~:~ ~aale Z9 gnat, CoX~ter Co~t~, ~orida. -,'l~; un~ the irantor aXl ot~, &as end ntnera~ :~c, Collier County. FLorida. and be/nitre · ' Fr--: '~e Wes~ quaker ~r of SeAtX~ 31 ~ o :he SoutAeaat oo~ner of Oove~m~b ~t 21 :r =aid 0ov.~ent Lot a ~o ~e Ho~h Xtn. or aa :-~50; thefloe Xorth aT dearies ~' Voit 369.96 - ~o al~ Ho~h XXne er 8~a~. load ~aS0 for a ~ ~eat ~0O.0 £eetl thenoe 8~uth ST deifies ST' Xx: .~ ~overnmeat ~t ~1 ~.na. ~utb 0 deir~m qg' ~ ~:.0 teat t0 the laid lO~ X~ne or State ~ad -..:, ~vevur, to · dratna;e enoement, 60 -::~.t Xn ~..d ao~ ~ a~ pas. S61 or the lac .... :~ · MAR i 2 2002 RZ-2001 -AP -'] PRO~P. CT #200 ! 0~0019 DATE: 11/14/01 CHAHRAM BADAMTCHIAN ,I ~01 : FL-01-894£-2 05/29/2001 12:27:32~ Page 2 of 3 ' 801116 00127~ ':over~k Lob f to b~ Ior~h ~ne ot O~aM Load aG:- ~ ~T dolreeJ STt f~.~_~O,O fee~] de-: -~J KO!d I-I~l.~mnoo aor~ eT ae&re~ ~T ~gT~[I v~' ~ll ~ Cen~nke,he~~Ce a~ appur~u~oea '-' CZ~?IY! thai: on 1;his day, before me, an or~ioe~ ~a ao~n~od~m ~e. peroon~Xy tppea~d ~X~X~ O, .~=:ruse,~ aaa vho .akn~edse~ ~ore., ~t ~ MZ~: :':= ~ hand end art~oiel aea~ ~, t~ Coua~ and AGENDA MAR 1 2 2002 · GSO1 : F~-01-8942-2 05/29/2001 12:27: 321~n P&~e 3 of ~ ' 001116 00127! OR 8001~ PAGE ~4 ~. ~6S0, a~ ~e~ ee~tt~ ~, 40.~ f~V ~e~ h ~b ~ p~ ~z~g ~e ' · ~o~ ~ I ~g 43'.~0" 8414 rL~t~E~ ~n~ ~ a ~Lnt br~ ~. ~a~d ~n~ ~ ~~~ M 0o 35e 400 W fx 3SJB.O fn~ ~ ~ 1us ~o~ ~t ~U I ~ 1, B~. 31, ~%~ ~ m I_O~ 40' ~ rot ~ · ~ 35' 40" ~o~ 400 ~ ~ ~ State ~ ~. ~8SOr ~u~ ~ X 87o 43' 10f W ~ 400.00 ~walXel v~.q~ ~ h~ 1AA4 c~ m~d_ Guve~m~t ~ 2. ~o m am~Q=eq:a MAR ~ 2 2002 Pg. ~0~ ~ ~ ~=' * ' ' · ~ ~ ~ ~t~ ~ ~ ~ ~.N '~'~,,.;=;:: ~ .~, '~ o~ ~ ~ p,~ f~ ~t.;u ~_~_~_~.~ .~ --- ~ ~ N ~ If t{~ ~l In~ ~ m. ....... ;2=~ ~'~ ~J~2~~ ~e ~~. rne ~ I~ ~~"' .... . ~. ~..={~ ~ ................... , . ,.~.~.. ~;. :, ,... .... ' -~~ .... MAR~ 2002 Be~wee~t william G. ~ice. m~puatoe under ~T~o~ July lg, 2QQ0 ................................ ~me~. · ..... Prel~ Cou~er~ce ~ wi~ ~he ing s~af~ o~ ~ll~er ~y t~ (30) ~yl a~tlr the B~C~ve ~e a tAtle ~.u~ce ~C, satLahcto~ ~f0re nine~ (90) ~ aE~er ~ho g~f~tive ~o, then, Seller, ~ia Coot=act ~11 te~ce, =~ ~=i=e re~d~ =o ~ew, ~ ne~ ~y I~11 ~ve an7 a~ising ou~ o~ ~llr'l ~nv~tigacio~, I~u~el. 2. I~ ~rc~ser ~ not gi~ Sells= ~ittun ~=ice ce~ion, aa D~id~ ~. ~ or ~ore ninety (90) ~a ~ ~ ~Sec2A~ ~to. ~ Prel~na~ Conditions ea~ed ~h~ g~l h ~li~r~ ~o ~ller ~ ~he Escrow Agar. and ~hi8 ~2rac~ shll ~ ~il ~rii 3002. ~o ~io~ ~ ~s~'s sole ~inion. CollAew Co~. B. ~1~ I~l ~ r~ei~ ~1 zoning Fi~ Plat ~ ~or ~e ~r~y, ~e~ the ~L~e o~ ~lliar C~M, 8~ Collier ~rc~ler, to De~t ~c~er to ~ild MAR I 2 2002 C. ~urchaser shall have r~Ceive~ all include, bu: not l~t~ to, .~ica~ s~re. water, sto~ a~ers, =eltghone, c~le a~ D. ~r~ser a~ll ~ve r~eiv~ a~val Of G~esma~ for ~rc~aer,e ln=~ uae of P~De~, and allying. ~8er ~he ~k-uD =o end/or to install both the I= all of =he Closing Conditions ~ no= be~orl April 1, 2002, th.~, a= ~ ~=ion o~ ~8er, H~ ($37,500) of ~es= ~n~ S~ll be forfeited ~ve ~ obligation to the other, except t~= ~C~ser s~ll r~in li~le ~or all costs and ~ea =elating ~d Cents. If all o~ the Closing Conditi~a ~ve be~ aa=is~ied, =o ~rchaser,a matia~actlon, or waived ~ ~zc~ser, the Closing a~ll oc~r on or before ~ril 1, 2002. ~e ~rchase Price (s~ject ~o ad]us~nt fo= prorations) s~ll ~ ~id at Closi~. Seller s~ll ~aeession of the Property =o ~mer &C Cloainq. ~est ~ shall he apb!led =o =~ ~c~ae Price Closing. including but no= li~=ea to, s~., soil an~ envx~n~al s~udiea, =he prepara~ion o~ Preli~ ~inal plats and ~ineering plans, and APPlications =he a~ropriata ~ove~encal aut~ri=ies for such approvals and/or changes in such la~ ~d/or re.la=ions as ~7 in ~c~er's sole jud~en= he ne~ed. Seller here~ grants Do~is$ion =o ~c~ser. or i%s agents, studies. Seller a~rees to cooperate ~th ~rc~aer in all reaao~le ~Ys, including ~ecu=ion of such aDDlica- re.eec. Seller will not object to such zonin~ and sub- division and ~11 use all rea~on~le efforts =o assist in said zoning and s~viaicn, but a~ll no= be ~li~a=ed =o ~y any cc~ta in co.action the=~ith. ~ch~icl, liens relating =o or arising out of seer's de~l~al efforts. Seller e~e8 tO furnish ~c~ser with a~ available info~ion and with c~Dies of all ~ta, ~virO~ntal r~=ta, I~m, const~ction ~awi~s. drawings, mtudies and tames in Seller's ~meession with regard =o t~ Proper=y. which ~7 be beneficial ~o ~rc~ser in ~rc~ser's review, rmzoning ~d MAR I 2 2002 M~ ~ h~ de~op~ ~ ~rc~oor ~ou~h ~rc~oer'8 ~~ o~o~. h~ng ~ad ~he ~o~g, ~, ~ "~d~i~d, he~ raCi~, a~D~vo, a~, c~i~ ~ ~ ~ o~ ~ C~rac~ ~or Sale ~ Seller: W&lli~ ~. ~ice, ~tee ~der ~8~ ~ted MAR 1 2 2002 POINT OF BEGINNING WI[ST CORNEE SEC'lION 31 31 ,,ORTH UNF_.. · ~ 'l 400 200 0 400 SCALE IN FEET: NTY RD S--&.50 LAKE TRAFFORO ROAO (80' RIGHT ~ WAY) cu.v~ I~^o~usI O~L~^ I~c LE~OTHIC~O~ ~N~I c~o~o I m 1~4eg.2.q 01'25'35" I 286.28 I N~'39'4.7'W I 2a6.27 I J UNE TABLE 1 u~ I u~o'~ I ~o R~SE~ 0~/2~/0~ : CHANGED SIGNATURE ~.OCK & TITLE BLOCK REFERENCE FILE: 15151SD.OWG REFERENCE FILE: PRICE1.DWG UC. NO, ~11 NOT VAI.~ IMIHOUT /HE "aGNAllJI~ AND ~ ~ ~ ~ ~ A ~OA U~ ~ ~D.~ ~H & DE~IP~ON ~ r A SUR~ .nClA " .LKISON TES ~ ~ ' INC. ~ ~N~S. ~R~YORS ~ P~NNERS (863) 67~1~2 fox {o~ai e~~M L ~IDA ~ UC ~ ~~ r ORDINANCE NO. 02 - AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, THE COLLIER COUNTY LAND DEVEIZ)PMENT CODE WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED 6931N BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED PROPERTY LOCATED ON THE NORTHEAST CORNER OF LITI'LE LEAGUE ROAD AND LAKE TRAFFORD ROAD IN SECTION 31, TOWNSI-I~ 46 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA, FROM "A" RURAL AGRICULTURAL, TO THE "RSF-5" RESIDENTIAL SINGLE FAMILY ZONING DISTRICT WlTH A DENSITY CAP OF FOUR (4) UNITS PER ACRE AND PROVIDING FOR STAFF AND PLANNING COMMISSION STIPULATIONS; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Vincent A. Cautero, AICP of Wilkison and Associates, representing Habitat for Humanity of Collier County, Inc., petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED BY the Board of County Commissioners of Collier County, Florida, that: SECTION ONE: The zoning classification of the real property as more particularly described by Exhibit "A", attached hereto and incorporated by reference herein, and located in Section 3 I, Township 46 South, Range 29 East, Collier County, Florida, is changed from "A" Rural Agricultural to "RSF-5" Residential Single Family with a density cap of four (4) units per acre on the Official Zoning Atlas Map numbered 6931N, as described in Ordinance 91-102, the Collier County Land Development Code is hereby amended accordingly. The herein described real propot~ is the same for which the rezone is hereby approved subject to the following conditions: (Exhibit "B") This Ordinance shall become effective upon filing with the ~ent oi State. PASSED AND DULY ADOPTED by the Board of County Commi~oners of Collier County, Florida, this ~ day of ,2002. BOARD OF COUNTY COMM~O~ C0~ J.~R COUNTY, FI. DR]DA BY: JAMES N. COLETTA, CHAIRMAN 2002 ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: JAMES N. COLETTA, CHAIRMAN Approved as to Form and Legal Sufficiency Ma{jori~ M. Student Assistant County Attorney RZ-200 [ -AR-1743,~,.B/lo ~4~ 1 2 2002 Surly of a 50.8 Qcre parcel ~f lend in the Northwest 1/4. ~ectlen 3Jttowm~hlp 46 S~uth, Range 29 East, C~lller County, Flerlda. Sur~ey for boundary ~ deec~tptien only. improvements and/o~ utiiltiee, whether obmmgreund er unde~ym~n~ ~ ~mt located shown on this sur~ey. Sur~y performed ~m reflueete~ by H~bltat far Humanity ef Collier County. Bearing Reference: k~umed bearing of ~4'46'50'1" ~1 the North line of Sect[on Township 4~ South, Range 29 East. This sur~y Is subject to easements, restricts"ne, maerv~tione end rifts--of-way of record. This survey ie subject to any facto that may be ravelled by a complete and accurate title THIS SURVEY IS NOT VAUD WITHOUT THE SlI~IATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED PROFES~ONAL SURVEYOR AND MAPPE~. This survey meets the minimum technic~ ~tandarfle for ~ur~y~ os required by law. Florida Statutes Chapter 4,72; Chapter 61G17, F.A.C. This survey is for the e~ciuslve u~e of:. Hobit. c:t for Humanity of Collier Count)' Date of field survey: 10/12/01 NOT VALJD WITHOUT SHEET 1 OF 2. DESCRIPTION: A perc¢t of lend in the Northwest one-quarter of Section 51, Toenshlp 46 South. Range 29 East. Collier County, Florida being more particularly described os follows: Commence at the Northwest comer of eaid Section 51 aa the Point of Beginning of the parcel of lend herein described end mn S64'46°50'E. ,long the North line of said Section 51, a distance cf 1616.42 feet to the Northeast comer of a parcel of lend described in Official Records Book 1584, Peg, 2142. Public Records of Collier County, Flerido; thence S00'50°15'E. along the East line of sold parcel dee~m"oed in Official Rec~ls Book 156¢. Peg, 2142, e distance of 664.50 feet to the South"net ~mer of Aid portal described in Official Records Book 1554, Page 2142; thence N 65'24,'40'W, along the South line of said porcei described in Official Records Book 1554, Page 214,2, a di~tonce of 4,76.45 feet to the Southwest comer of acid p~rcel described I~ Official Records Book 1584, Page 2142 (acid ~olnt elsa being e point on the East line of a parcel of land de~,tbed aa PARCEL 1 In Oft]ciel Records Book 1116, Page 1276, Public Recorde of Collier County, Florida); thence continue N65'24'40'W a distance of 551.86 feet; th"nee SOO'¢g'30'E a distance of 1407.55 feat to the Northweet comer of a certain parcel of I~d de~:rlbed In Official Records Book 2581. Page 5408. Public Records of Collier County, Florida; thence SO0' 49'30'E. along the wear line of cold parcel dma~=rlbad In Offlclal R~da Beak 2581, Page 5408. e ~latance of 500.00 feet to the North dght--of--woy line of county Rood thence N87'57'OO'W, along ~id North rlght-of--~y line, a diet"naa of .~0~..~0 feet to the beginning of e cum,e to the left; thence IWe~terl¥ -tang said ~urwe, Ce"E! cunm being concave to the South and hevlng a eentTul eagle of 01'25'.~5'. o ~ldlue of 11469.20 feat. e ch,rd length of 286.27 feet end a ~o~l bearing of N86'59'4.7'~0, o dtst~m~e of 2~6.2~ feet to the West line of Section 51, Town,hip 46 South, Range 29 Esot; thence NO0' 36'15'W. along said West line af Seetlon 31, o distance of 2519.04 feet to the Point of Beginning. Containing 50.5 ~e, more er less. Sub~ect to eeo"meats, reatrlctionm, rmeer~tione end rlght~--of-way of ~le~rd. ---- EXHIBIT "A" --- ~£~£RSNCE FILE: 15151SD.DWG qHTr_RENCE FILE: PRICF.2.DWG WILKISON ac ;OClAT£S ~C,I ENGINEERS, SURVEYORS & PLANNERS B8 SOUTH U~JN STREEt, t. AaEU.E, FLA ~3g,15 (863) 67.5--1802 FAX (8S5) 675-1852 FLORIDA BUSINESS UCENSE NO. 1.85770 I OAT~ I F~L~ NO.I n~^WN ~Y I p. OJ./~W. 1 2 2002 CONDITIONS OF APPROVAL (RZ-01-AR-1743) Pursuant to Section 2.2.25.8.1 of the Land Development Code, if, during the course of site clearing, excavation or other construction activity an historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. b) The maximum density on the subject 50.82-acre site shall not exceed four (4) units per acre. c) 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 prior to final plat approval. d) The preliminary subdivision plat shall provide a minimum of 15 percent of the existing native vegetation on site or by mitigating for that area in larger plant material per Section 3.9.5.5 of the Land Development Code. For this site, a minimum of 1.93 acres is required. The preliminary subdivision plat shall show the areas where the native vegetation will either be retained or replanted in all three strata. e) The preliminary subdivision plat shall provide the required 25-foot buffer setback from the stream or evidence that the South Florida Water Management District is accepting a reduction in the buffer requirement. t) The applicant shall be responsible at no cost to Collier County for the construction of mm lanes at the new project entrance on Little League Road when requested by the Collier County Transportation Department. MAR 1 2 2002 TIS required m~y be eithera~ ~ase note the following less than 10 acres in size, 'or TIS may be required f~ ;~y anticipated changes in level ed h as providing or eliminating a~ policies of the Traffic Circulatiea ~icies 1.3, 1.4, 4.4, 5.1,5.2, 7.2 and ~nsl~d shah also include an analysis ~f MAR 1 ~i. 2002 :tober TI~ z~l TRAFFIC IMPACT STATEMENT (TIS) STANDARDS: The following standards shall be used in preparing a TIS for submittal in conjunction with a conditional use or rezone petition: Trip Generation: Provide the total traffic generated by the project for each link within the project's Radius of Development Influence (RDI) in conformance with the acceptable traffic engineering principles. The rates published in the latest edition of the Institute of Transportation Engineers 0TE) Trip Generation Report shall be used unless documentation by the petitioner or the County justifies the use of alternative rates. Trip Assignment: Provide a map depicting the assignment to the network, of those trips generated by the proposed project. The assignment shall be made to all links within the RDI. Both annual average and peak seasonal traffic should be depicted. .3. Existing Traffic: Provide a map depicting the current traffic conditions on all links within the RDI. The AADT, PSDT, and LOS shall be depicted for all links within the RDI. 4. Level of Service (LOS): The LOS of a roadway shall be expressed in terms of the applicable Collier County Generalized Daily Service Volumes as set forth in the TCE of the GM?. 5. Radius of Development Influence (RI)I): The TIS shall cover the least of the following two are as; a ) an area as set forth below; or, b) the area in which traffic assignments from the proposed project on the major thoroughfares exceeds one percent of the LOS "C". Land Use Distance Residential 5 Miles or as required by DRI Other (commercial, industrial, institutional, etc.) 0 - 49, 999 Sq. Ft. 2 Miles 50,000 - 99,999 Sq. Ft. 3 Miles 100,000 - 199, 999 Sq. Ft. 4 Miles 200,000 - 399, 999 Sq. Ft. 5 Miles 400,000 - & up 5 Miles In describing the RDI proposed project rather than a geometric radius. the TIS shall provide the measurement in road miles from the MAR 1 2 2002 APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE - 10/98 0126.1 Conventional Re. zone (R) Application Wilkison & Associates, Inc, PAGE 10 OF 15 Otto. 31,2001 ~---'-1' l~:tersection Analysis; An intersection analysis is required for all intersections within the where the sum of the peak-hour critical lane volume is projected to exceed 1,200 '..'~.i~icles Per Hour (VPH). 7. 1;ack.ground Traffic: The effects of previously approved but undeveloped or partially c:' eloped projects, which may affect major thoroughfares within the RDI of the proposed l-:,~,icct, shall be provided. This information shall be depicted on a map or, alternatively, in a t'-'~ing of those projects and their respective characteristics. 8. I: :ture Traffic: An estimate of the effects of traditional increases in traffic resulting from i' .:ential development shall be provided. Potential development is that which may be ~.~,, eloped maximally under the effective Future Land Use Element (FLUE) and the Collier ~ ~:lntx' Land Development Code. This estimate shall be for the projected development areas v. :'.nm the projects RDI. A map or list of such lands with potential traffic impact calculations s:::~il be provided. 9. Ti~rough Traffic: At a minimum, increases in through traffic shall be addressed through the ,~-,- 2015. The methodology used to derive the estimates shall be provided. It may be ~,::;irable to include any additional documentation and backup data to support the estimation ..... ,'el!. I0. 11. '" :nned/Proposed Roadway Improvements: All proposed or planned roadway I:::,rovements located within the RDI should be identified. A description of the funding c, :~.:mitments shall also be included. P'-,iect Phasing: When a project phasing schedule is dependent upon proposed roadway i:-:::orovements, a phasing schedule may be included as part of the TIS. If the traffic impacts of a -:'oiect are mitigated through a phasing schedule, s'uch a phasing schedule may be made a c ,:~Jition of any approval. TIS Fi- ' .: RVB/RJM 10/17/97 APPL: 0126.1 \Villds : :'I'I:I.IC IIE.\RING FOR ,'-;T.\NI) \RI) IUd. ZONE - 10/98 . .', :;c ~ R I .-xppncation'--' ;£ 1 2 2002 STATEMENT OF UTILITY PROVISIONS FOR STANDARD REZONE REQUEST 1. NAME OF APPLICANT: Habitat for Humanity of Collier County, Inc. 2. MAIIJNG ADDRESS: 11550 E. Tamiami Trail CITY Naples STATE Florida ZIP 34113 3. ADDRESS OF SUBJECT PROPERTY (IF AVAIl.ABLE): comer of Little League Road and Lake Trafford Road. Not applicable. Northeast 4. LEGAL DESCRIPTION: Section 31 Twp. 46S Range 29E Lot (s) Not Applicable Block (s) Subdivision: Plat Book Page # Property I.D. # See attached. Metes & Bounds Description: TYPE ao OF SEWAGE DISPOSAL TO BE PROVIDED (Check applicable system): COUNTY UTH.ITY SYSTEM [-'] CITY UTIIJTY SYSTEM I-'] FRANCHISED UTII]TY SYSTEM [] PROVIDE NAME Immokalee Water & Sewer District PACKAGE TREATMENT PLANT ['"] (GPD capacity) SEPTIC SYSTEM [-'] TYPE OF WATER SERVICE TO BE PROVIDED: COUNTY UTILITY SYSTEM ['"] CITY UTILITY SYSTEM [~] FRANCHISED UTIIYrY SYSTEM PROVIDE NAME Immokalee Water & Sewer District PRIVATE SYSTEM (WETJ.) 7. TOTAL POPULATION TO BE SERVED: 525 (3.5/hh) APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE - 10/98 0126.1 Conventional Rezone (R) Application Wilkison & Associates, Inc. MAR 1 2 2002 &O PAOV/~ 7 c~v: ~ q PEAK AND AVERAGE DAILY DEMANDS: a. WATER-PEAK 146 gpm b. SEWER-PEAK 146 gpm AVERAGE DAI~Y AVERAGE DAILY 52,500 gpd 52,500 Nd IF PROPOSING TO BE CONNECTED TO COI.IIIq. R COUNTY REGIONAL WATER S \'STEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED: Not applicable. 10. NARRATIVE STATEMENT: Provide a brief and concise narrative statement and schematic drawin~ of sewage treatment process to be used as well as a specific statement regarding the method~of effluent and sludge disposal. If percolation ponds are to be used, then percolation data and soil involved shall be provided from tests prepared and certified by a professional engineer. Not applicable. 11. COIIJER COUNTY UTIIJTY DEDICATION STATEMENT: If the project is located v:ithin 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 dismbution and sewage collection facilities within the project area upon completion of the censtruction of these facilities in accordance with all applicable County ordinances in effect ..t 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 -~hall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. Not applicable. 12. STATEMENT OF AVAILABIIJTY CAPACITY FROM OTHER PROVIDERS: Unless v. aired or otherwise provided for at the pre-application meeting, if the project is to receive sewer or potable water services from any provider other than the County, a statement from that provider indicating that there is adequate capacity to serve the project shall be provided. See attached. Utilit} Pro~Ssion Statement RJM 10117197 APPL ' ' ! ~ )Il I't'BI.IC IIEARLNG FOR STANDARD REZONE - 10/98 0126. --_, Rzr. onc IR) Application \Vilki~ .:.~:cs. NIR 1 2 2002 - October 31, 2001 STANDARD REZONE APPLICATION SUBMITTAL CHECKI,IST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET~ REQUIREMENTS # OF NOT COPIES REQUIRED REQUIRED 1. Completed Application 15 X 2. Copy of Deed(s) and list identifying Owner(s) and all 1 X Partners if a Corporation 3. Completed Owner/Agent Affidavit, Notarized 1 X 4. Pre-application notes/minutes 15 X 5. Conceptual Site Plans 15 X 6. Environmental Impact Statement - (EIS) 4 X 7. Aerial Photograph - (with habitat areas identified) 4 X 8. Completed Utility Provisions Statement (with required 4 X attachments and sketches) 9. Traffic Impact Statement - (TIS) 4 X 10. Historical & Archaeological Survey or Waiver 4 X Application 11. Copies of State and/or Federal Permits 4 X 12. Architectural Rendering of Proposed Structure(s) 4 X 13. Application Fee, Check shall be made payable to ' X Collier County Board of Commissioners 14. Other Requirements - As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result ~ ~tin th ~elay of processing~this tition. / /~ AC, Eh~)A ff~. · l[ "7 I ~'. ~ AgenffApplicant Signature Date MAR 1 2 2002 APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE - 10/98 0126.1 Convemional Rezone (R) Application P~ GE 14 OF 15 ")~ Wilkison & Associates. Inc. Oc >b~' 3 ~1~.001 ~ O AFFIDAVIT depose and say that well 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. Well 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 Wedl further authorize Wilkison & Associates, Inc. as our/my representative in any matters regarding this Petition. to act Signature of Prope~i~ Owner Signature of Property Owner Typed or Printed Name of Owner Typed or Printed Name of Owner State of Florida County of Collier (Print, Type, or Stamp Commissioned Name of Notary Public) The fo_ regoing instrument wp4ac_knowledged before me this ~ day of ~} ~0 , , 200.~ byk~.~\ k,-k,~,6or~ (..~.YY'~-e._'~ . .wh° is perso~all¥ [tnawn_to me or has produced as identification. ,c~ s t~vt~. · [.795980 APPLICATION FOR PUBLIC ~/IE~ARING FOR STANDARD i~I~.ZONE - 10/98 0126.1 Conventional Rezone (R) Applicaaon Wilkison & Associatm, Inc. MAR 1 2 2002 AGE 15 OF 15 _ 0§/29/200! -~ vl~ ~e ~ml~ l~e or said Gove~ ho~ I ~o 87 ~rees S?' so' x 150 tee~ ~ · ~Snt~ ~.noo I o Nc .~Ay boundary l~e of maid hot, on 31 1 ~henoe I 84 ~' .:;~d ~ands bet~ · pa~ 0f the Kmut h~ (E-2/Z) o~ ~ ':r:~eot quarter (~-1/~) ar 8eo~ofl 3Io T~.bLp ~ q6 :~:~ ~..i. ~g last. Cold,er Co.tx, ~or~da. Re "~; un~ ~h. irnn~or a~ oLZ, Sas End nLneriZ ~s A tF~st of l~nd 1FANS to the lor~Mo~ 29 :~c, Collier County. YlorLdat and bsAnl~ore pa :.~l~rl¥ dellrtbad ae West Quarter aorudr or Smokies 31 run ~ou~b ag ~he 3outheiJ~ emmet of Oove~m~b ~t 2l thenoe ~efreoe q~' 30" Wel~ 15f.79 reek~oos t~ East =aid Gove~en~ ~ot 2 ~o ~bg go~ l~ne oF_Stat~ :-~50; ~henoe Xortb aT deireel~' Ve~t 369.90 Fee~ ~0 .aid ~o~ Xtne er 8~ate Load ~50 for a ~rom t~e poin~ of tel&aminE run Ior~O d~rme. :(Vest ~00.0 feral t~e ~ eT delreel ST' ~.o feet, ~ e lane 30 foo~ Eat of IILd lest ~overnmea~ ~t fl ~.noe ~th 0 distils 49' 30" MAR 1 2 2802 ,,..go RZ-2001-A~ ~/4~ PROJECT #200 ! 0800 ! 9 DATE: ] ]/I4/0I CHAHRAM BADAMTCHIAN 05/29/2001 I2=27:32p~ Pag~ 2 of 3 -' ' 601116 00127~ BOOK PAGE dr'" .~ ~, ..TOl~%e,t 15~.?g* tesl; ~an~ the ~,~ "': -., .,, ,.,., '~':;%"'i~t~'.""""" ~IT~IR v~- :i~ ~ ten~a~o,he~~ a~ appur~u~ota :0:, ~o s: :::.~ ~o be ~he person deaor~bed ~n and v~ ezeou~td ,~ ~reso~ .=::rument a~d v~o uokn~ledsed ~ore ~a =lit :*.-'~faxd ~ll ~w_da~ of ~.nua~, I'4AR 1 2 2002 .GE01 : FL-01-8942-2 05/29/2001 12: 27: 321om 0(:1116 00127! OR 6008 PAGE ams. 36, ~vp. 4i I, ng~. Il z, and ~ a ~u. S30.OO f~t mt of, ~ ~ I ate 43' 10e w f~ 400.00 MAR 1 2 2002 Pg. MAR 1 2 2002 IT&ND&NOS FOR.RI&~ liT&TI T~&HIAOTIONI ~:~ ~_~ ~. ~ ~s ~. ~ d~ ~ b'~ ~ ~,, ~,.. ~ ~ .... ~ ......................... ~_..~ ~ ~n~ ~ ~ ~ ................ ~ ..................... - ~ m~ n I ~1 Ire ~ --~-~ ....... -. ~,~ u. ~B. er m ~ ~ ~ ~ .... .... ~ ~ ~.~ MAR~ 2~2 , 2OO1 4~L~y %9° 2000 ................................. Seller, and Ha~:Lt~c ~Ie~. . ..... ninety (90) ~S ti~8 ~ ~CO, ~ ~ee~'e sole ~inion, Said ~,~ee ~ ~1~, ~ a~ ~ l~t~ to ~c lng ~ (3o) ~ye af~eF ~he B{{~Ave ~e a ~o ~x~e~, C~ XoX~ ~i~le ~ca ~ore ~ne~ (90) ~ aE~e~ ~ ~f~tive ~e, ~hen, SellaF, ~is Con~ac~ o~ll ~e~e, ~ ~i~e hmes~ r~in li~le a~isin~ ou~ o~ ~o~me~'w Anv~A~Cio~, m~em, ~d 2, ~ ~rc~se~ reaction, aa D~id~ ~, ~ or ~ffore ninety (90) ~a ~ t~ B~ee~i~ ~o, ~ ~el~na~ ~nditiona Pur~oer, tho Ba~eot ea~e~ t~ s~l b ~li~ to hller ~ the Escrow Ag~c, and ~hi8 ~002, to oatio~ Collier Co~. B. ~oeF ~i~l o~ ~llier C~ty, ~ Collier ~, in ~o~ ~ ~uCen~ sa~isfac~o~ ~o MAR 1 2 2002 C. Vue=hassr shall have r~Caived all t£nal approvals and Pe~nAte indicating ~2raor~fla~ ~1~= .... ~10~ of l~d o= ~n~ -~'~ u~cat~ons or D. ~oer I~ll ~ve r~eiv~ a~val of all Do~ts, ~der accevt~l~ ~e~ to P~po~F, and allying. ~8er ~he ~k-uD ~o and/or ~o install both the X~ all of ~he Cloain~ Condi=ions ~ve no~ sa=is~ied or ~ve no= been waiv~ ~ ~=c~aer on before AD=il 1, ~002, =he~. a= ~ ~=ion o~ ~ser, and o~ ~i==~ notice ~o ~ellar. =hie Con==ac= s~ll ~e~=e, =he ~=ire ~ir=7 S~en ~ous~ ~ive H~ ($37,500) of ~esc ~n~ 8~11 be forfeited to Seller ab li~idac~ ~e8, and neither party ~ve ~ obligation =o ~he o=her, excep= =~= ~C~8er 8~11 r~in li~le for all cos=o and ~eo X~ all o~ ~he Closing co~l~l~o ~ve be~ oac~s~Aed, ~o ~rchaoer,s ga~ia~sction, or waiv~ ~ ~rC~seF, the Closing s~ll scar on or before ~ril 1, 2002. ~e ~rchase Price (s~ec~ ~o ad~us~n~ for Preferrers) s~ll ~ ~d at Closi~. Seller s~ll deli~r ~es~ ~n~ shall be a~plie~ to ~ ~c~ee Price at Closing. Purc~eer, al=er =he E~ec=Ive Date, ~y a~ ~rc~se='s e~ense ini=ia~e develo~en=al s=udie, o~ ~ includin~ bur not li~=ea =~. ,~,. soil envi~ntal studies. ~he prepare=ion o~ preli~ ~inal pla=, an~ ~=ineerin~ plans, an~ ~DDllca=iona =he a~roPriata ~ove~en~al au=~ri=ies for such approvals amd/o~ changes in such la~ ~d/or re~la=iona as ~ in ~c~er's sole jud~e~= ~e ne~ed. Seller eh=er u~n =He P=oper~ =o con~uc~ such develo~en=a! a=udiea. Seller aurees =o cooDera=e ~=h ~rC~aer in all reaa~le ~Ws. inc!udin~ ~xecu=ion of such aDDilca- re,es=. Seller will no= ob]sc= =o such zoning and sub- division and ~11 use all reaaon~le affor=s =o in sai~ =oning and a~vision, bur a~ll no= be ~ligaced ~o ~7 ~ coa~s in e~ec~ion ~her~i=h. ~ch~ice. liens tala=lng =o or arising our o~ ~ch- seer's de~l~al Seller e~es =O ~rnish ~C~ser wi=h ~ available infection and with copie~ of all ~a, ~viro~n~al r~orte, *~e, conot~ction ~awi~o, drawxn~s, studies and =ears in Seller,s ~esessio~ wi~h regar~ =o t~ ~ropert7, w~ch ~y be beneficial bO ~rc~ser in ~rc~ser'a review, rezoning ~d ~el~n=al e~for=s. MAR I Z 2002 Pg. ~n~ read ~he NAR 1 2 2002 z z 1'- ,I.00' /.----POINT OF BEGINNING ixo~ .o~v~ST co~N~ ~o~ 3~ 2~ o 18~ . I - ~ / ~E ~D RO~ ~ ~E ~ U~ ~: (so' ~ ~ WA~ ~ ~ I ~R~ I RADIUSI ~LTA I~C ~O~l~ ~NGI ~ ] ' ~ uc. N~ ~ ~ ~ l-~u~q ml5'~5' 1 ~6.28 I N~'4~ I 286.27 I NOT V~ ~T ~ ~A~ ~0 U~ ~ ~D.M~ N UNE TAB~ ~m~ ~ · DE~I~ON ~7~"w N r A SUR~ ...LK SON ~ 03/26/01: ~nCIATES ~ ~ INC. ~ ~G~ S~RE ~ · ~ ~ ~N~S, ~R~YORS & P~NNERS ~ ~ M~N ~, (~3 ~7~2 RE~ENCE RLE: 15151~.0~ ~ENCE R~: PRICE1.D~ ORDINANCE NO. 02 - AN ORDINANCE AMENDING ORDINANCE NUMBF-~ 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED 6931N BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED PROPERTY LOCATED ON THE NORTHEAST CORNER OF LITLE LEAGUE ROAD AND LAKE TRAFFORD ROAD IN SECTION 31, TOWNSHIP 46 SOUTH, RANGE 29 EAST, COLI~IER COUNTY, FLORIDA, FROM "A" RURAL AGRICULTURAL, TO THE "RSF-5' RESIDENTIAL SINGLE FAMILY ZONING DISTRICT WITH A DENSITY CAP OF FOUR (4) UNITS PER ACRE AND PROVIDING FOR STAFF AND PLANNING COMMISSION STIPULATIONS; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Vincent A. Cautem, AICP of Wilkison and Associates, representing Habitat for Humanity of Collier County, Inc., petitioned the Board of County Commissioners to change the zomng 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 oi the real property as more particularly described by Exhibit "A", attached hereto and incorporated by reference herein, and located in Section 31, Township 46 South, Range 29 East, Collier County, Florida, is changed from "A" Rural Agricultural to "RSF-5" Residential Single Family with a density cap of four (4) units per a~re on the Official Zoning Atlas Map numbered 6931N, as described in Ordinance 91-102, the Collier County Land Development Code is hereby amended accordingly. The herein described real property is the same for which the rezone is hereby approved subject to the following conditions: (Exhibit "B") This Ordinance shall become effective upon filing with tlm I)ep~uixuent of State. PASSED AND DULY ADOPTED by the Board of County ~mi.~ioners of Collier County, Florida, this ~ day of ,2002. BOA~ OF COUNTY COIVlI~SIOI~ COL~ ]~R COLrl~, I~t~A BY: JAMES lq. COLETTA, CHAIRMAN MAR 1 2 2002 ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COM~MISSIONERS COLLAR COUNTY, FLORIDA BY: JAMES N. COLETTA, CHAIRMAN Approved as to Form and Legal Sufficiency Maljori~ M. Student Assistant County Attorney RZ-2001 -AR-1743[RB/1o MAR 1 2 2002 ~ of a 50.8 oc~e pa?cml ot'_la~rd In ~ Horth~mmt 1/4 ~1~ ~;to~ ~ Su~y for baund~ ~d d,~pti~ ~Y. Improvem~ts and/ar ut~itl~. ~m ~gr~d ~ und~n~ ~ not I~t~ sho~ an this ~y. Su~y perfo~ aa r~ueat~ by Habitat fm Humanity of ~li~ ~nty. Bearin~ Reference: A~m~ b~dng of ~4'~'30~ ~ ~e N~ I~e of Section To~sh~p ~ South, R~ge 2g Eam~ ~ia au~y la ~b~ct to eam~t~ ~ctl~ mm~tl~e and H~t~af-~ay of record. ~ls surly is ~b~ct to ~y fa~m ~at may be ~ by e ~plete ~d ac~e searS. ~IS $UR~ IS NOT VAUD ~T ~E ~A~EE ~D ~I~N~ RN~ ~ ~ A ~ORIDA LICENS~ PR~S~ON~ ~ ~D MAPP~. ~is su~y meets ~e minimum t~ni~ ~an~s ~ ~ ~ r~lr~ by la~. H~it~t f~ ~ty of C~II~ ~nty Date of ~d ~ 10/12/01 NOT VA~D ~OUT SHE~ 1 OF ~ DESC~IP~ON: 29 EFst, Collier County, Rorida being mare peri.lady dem~bed am Commence at ~e No~weet c~ of .aid ~ti~ 51 am the Point of Beginning of the parcel of land herein described and mn S8~'~'~O'~ along ~e No~h Ilne of maid ~tl~ 51, o distance of 1616.42 f~t to ~e N~heoat camm of a parc~ of land delcribed Officio[ Records Book 1584, Page 214~ Public Records of ~111~ ~nty, R~da; th~ce SO0~O'IB'E. along the East line of maid parc~ d~ in O~clat Re~. Book 15B~, Page 2142, a dlst~ce of 664.50 f~t to the S~th~et ~m~ of ~ld pa~ ~d Official Recks Book 1584, Page 214~ ~ce N ~4'~'W, ~g ~e S~ line of maid parceJ described in Official Records Bo~ 15B~, Page 2142, a d~ance of ~78.~ feet to the Southwest c~e? of ~id pmc~ d~bed ~ ~fi~ R~d. B~ 1~4, Page 2142 (said ~olnt elsa being a p~t ~ ~e East I~e of a par~ of I~d ~bed as P~ 1 In Of~cial Rec~ ~ 1116, P~e 12~, Public R~da of ~11~ ~nty, Rorlda); c~t[n~e NB~'~'W a di~ance of ~1.~ f~ ~.n~ S~'4g'~'/ o ~mtance of 1~7.~5 f~ ~ the No~h~mt ~ of a c~aln p~cel of I~d d~ In Official R~o~s Book 2581, Page 5~8. Public R~dm of ~llm ~nty. R~da; ~ca SOO' 4g'30'E, along the W~ line of amid p~c~ ~ed In O~cl~ R~m B~ 2~B1, Page 5~8, a dlatance of 500.00 f~t to the N~ Hght-of--eay line of ~unty R~d thence N87'57'OO'W, al~g ~ld N~ Hght-of--~y line, a diet. ce of ~.50 f.t beginning of a cu~ to the le~ ~ce ~e~y ~ laid ~ (~ ~ ~ln~ conco~ to the S~th and ha~ng a ~1 ~ele of 01~5'55', a ~a of 11~g.~ fee~ a chord length of 286.27 f~t ~d a ~ ~ of N8~9'4~. a ~ of feet to the West line of Se~I~ 51, To~lp ~ ~, ~ge ~ Ea~ ~ce N~' ~'15'W, along said Wear line of S~Ion ~1, a d~tanc, of 2~19.~ f~t to ~e Po~t . Beginning. Containing 50.B ~.. m~ ~ I~ ~b~ct to easements, r~tdctton~ mme~ti~a ~d Hght~of-~ay of ~rd. ,~£F--_~ENCE FILE: 15151SD.DWG ~--_-'-~_RENCE FILE: PRICE2.DWG WILKISON & OClATES :lNC, ~ ENGIN£E~S. SUR~/EYORS & PLANNERS Sa SOUTH ~JN STREET, LABILE, FLA 53935 (863) 675--1802 FAX (883) 675-1852 FLORIDA BUSINESS UC£NSE NO. I. B5770 10/26/01 DATE J F1LE, __ .O.i "Y SH[LrT NA/01--111 ~OJ./DW~ NO_ 2 OF 2 I AR 1 2 2002 CONDITIONS OF APPROVAL (RZ-01-AR-1743) b) c) d) e) Pursuant to Section 2.2.25.8.1 of the Land Development Code, if, during the course of site clearing, excavation or other construction activity an historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. The maximum density on the subject 50.82-acre site shall not exceed four (4) units per acre. An exotic vegetation removal, monitoring and maintenance (exotic free) plan for the site shall be submitted to Current Planning Environmental Staff for review and approval prior to final plat approval. The preliminary subdivision plat shall provide a minimum of 15 percent of the existing native vegetation on site or by mitigating for that area in larger plant material per Section 3.9.5.5 of the Land Development Code. For this site, a minimum of 1.93 acres is required. The preliminary subdivision plat shall show the areas where the native vegetation will either be retained or replanted in all three strata. The preliminary subdivision plat shall provide the required 25-foot buffer setback from the stream or evidence that the South Florida Water Management District is accepting a reduction in the buffer requirement. The applicant shall be responsible at no cost to Collier County for the construction of mm lanes at the new project entrance on Little league Road when requested by the Collier County Transportation Department. AGENDA ITEM/~ MAR 1 2 2002 EXECUTIVE SUMMARY PETITION PUDA-01-AR-1133, RICHARD L. WOODRUFF OF WILSONMILLER, INC., REPRESENTING THE MOORINGS, INC, REQUESTING AN AMENDMENT TO THE MOORINGS PARK PLANNED UNIT DEVELOPMENT (PUD) FOR THE PURPOSE OF ELIMINATING THE SPECIFIC PROJECT DESCRIPTION LANGUAGE BY ADDING A GENERAL PROJECT DESCRIPTION THAT ALLOWS FOR FLEXIBILITY IN DETERMINING THE MIX OF CONGREGATE AND NURSING CARE FACILITIES ALONG WITH THE ACCESSORY USES THAT INCLUDE AN ASSISTED LWING AND INDEPENDENT LIVING UNITS. OTHER CHANGES INCLUDE ADDING A LIST OF PERMITTED USES AND ACCESSORY STRUCTURES DERIVED FROM THE PROJECT DESCRIPTION AND REVISING THE PARKING REQUIREMENTS, UPDATING THE MASTER PLAN TO DEPICT THE EXISTING DEVELOPED AREAS AND THE FUTURE DEVELOPMENT AREAS WHILE INCREASING THE MAXIMUM BUILDING HEIGHTS FOR PROPERTY LOCATED ON THE EAST SIDE OF GOODLETIE-FRANK ROAD (C.R. 851) AND APPROXIMATELY A QUARTER MILE SOUTH OF PINE RIDGE ROAD IN SECTION 15, TO~VNSHIP 49 SOUTH, P~&NGE 26 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: To have the Board of County Commissioners consider an application to amend the Moorings Park PUD Document and Master Plan as noted above in a manner consistent w/th all the applicable codes and regulations in order to ensure that the commtmity's interests are maintained. CONSIDERATIONS: The 83-acre Moorings Park PUD was first approved in 1979 and amended in 1980 and 1983. The project is currently developed as an assisted living facility with skilled nursing uses. The site contains two existing 8-story buildings, 3-story garden apartments and health center., along with other 1-story structures within Tract "A". This includes a chapel and a maxin'mm of 414 dependent living residential dwelling units and 180 assisted living units. The purpose of this petition is to amend the Moorings Park PUD document in order to provide greater flexibility in meeting the needs of the current market seeking assisted living and nursing care facilities. Therefore, the petitioner is requesting to change the currently approved master plan to depict the existing developed area located xvithin Tract "A", and the future development areas designated in Tracts "B" & "C". The proposed development standards that would apply to lands within Tract "B' will increase the maximum building height front 1, 2 & 3-story structures to allow txvo 5-story residential buildings or 4-story buildings each over 1-story of parking with a maximum lmight of 55-feet. One g-story structure (not over parking) is proposed for Tract "C" xvith a maximum height of 86-feet. Other changes include adding a list of permitted uses and accessory structures derived from the project description and revising the parking requirements to be consistent with Section 2.6.26.2.5 of the Land Development Code. It should be noted that no increase in intensity __ is proposed over the currently approved units and health care facilities. ~I~:~ ~ The Transportation Department has reviewed this petition and has the following comments. Since this petition will not increase the developable area or add additional dwelling units over the amount that is currently approved, no Traffic Impact Statement (TIS) was required to be submitted with this petition. Based on staff's analysis of the request, the proposed amendment will not lower the level of sen, ice below the roads adopted level of service "D" and "E" standard for Goodlette-Frank Road (CR-851). As a result, this petition is consistent with Policy 5.1 and 5.2 of the Transportation Element. F~rthermore, CR-851 is currently a 4-lane arterial road with a 2001 traffic count of 32,287 AADT (LOS "D") for the segment fronting the project entrance. As a result, this petition is consistent with Policies 1.3 and 1.4, of the Transportation Element. FISCAL IMPACT: This amendment is only to provide greater flexibility in meeting the needs of the current market seeking assisted living and nursing care facilities. This includes changing the currently approved master plan to depict the existing developed area located within Tract "A", and the future development areas designated in Tracts "B" & "C". The proposed development standards that would apply to lands within Tract "B" will increase the maximum building height from 1, 2 & 3-story structures to allow two 5-story residential buildings or 4-story buildings each over 1-story of parking with a maximum height of 55-feet. One 8-story structure (not over parking) is proposed for Tract "C" with a maximum height of 86-feet. Other changes include adding a list of permitted uses and accessory structures derived from the project description and revising the parking requirements to be consistent with Section 2.6.26.2.5 of the Land Development Code. Therefore. this amendment by and of itself will have no fiscal impact on the County. The fiscal impact for this development was detem'fined at the time the property was rezoned to PUD. In addition, the County collects impact fees prior to the issuance of building pen-nits to help offset the impact 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 lee collections are inadequate to maintain adopted levels of sen'ice, the County must provide supplemental funds from other revenue sources in order to build needed facilities. GROWTH MANAGEMENT IMPACT: All of the subject property is located within the Urban Mixed Use - Urban Residential Sub-district on the Future Land Use Map (FLUE) to the Growth Management Plan (GMP). A description of Urban Residential District in the FLUE advises that residential uses are permitted at a base density of 3-units per acre along with certain nonresidential uses including community facilities such as an assisted living facility. The proposed amendment to this approved PUD will not increase the number of assisted living units or the number of independent living units currently allowed. The currently approved density for this PUD is 5 units per acre. The total eligible density in this area is 3 units per acre. However, Policy 5.1 of the FLUE provides that property zoned prior to the adoption of the GMP and found to be consistent through the Zoning Re-evaluation Program is considered to be consistent with the Growth Management Plan. 2002 2- Zone changes and amendments to the PUD zoning are permitted if it is consistent with the FLUE, provided the number of dwelling units and the overall intensity are not increased. Based on this condition, the Comprehensive Planning Staff had deemed that the proposed amendment is consistent with the FLUE. HISTORIC/ARCItAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is not located xvithin 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 required. ENVIRONMENTAL ISSUES: The Environmental Review Staff has recommended approval since the site has been previously developed and does not contain any environmentally sensitive lands. ENVIRONMENTAI~ AD¥ISORY COUNCIL (EAC) RECOMMENDATION: The petition to amend thc Moorings Park PUD was not required to go to the Environmental Advisory Council (EAC) because of the project's consistency with the policies of the Growth Management Plan. COLLIER COUNTY PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission (CCPC) reviewed this petition during their public hearing on February 21, 2002. By a vote of 4 to 1, the CCPC forwarded Petition PUDA-01-AR-1133 to the Board of County Commissioners with a recommendation of approval. The Planning Commission found that this petition is consistent with the Growth Management Plan (GMP) and is compatible with the surrounding development subject to the following conditions. · That the assisted living facility (ALF) be limited to a maximum floor area ratio (FA.R) of 0.35 within Tracts "A", "B", and "C". · The proposed 8-story structure within Tract "C" be setback no less than 900 feet front the nearest residential property line within the County Club of Naples subdivision to the east. · The maximum building height of the proposed 8-story building xvithin Tract "C" be reduced from 95 feet to 86 feet excluding the elevator shafts. Eliminate Section 4. B. (2) front the PUD Document that allows for accessory uses which are comparable in nature to the list of permitted uses and which the Planning Services Director determines to be comparable. As a result, these decisions would then be made by the BCC. 3 MAR I 2 2002 The one Planning Commissioner that voted for denial indicated that the proposed 8-story building in Tract "C" was not compatible with the surrounding area. Because of that finding, he recommended that the maximum height be reduced to two 4-story structures. Staff has received 8 letters that objected to the proposed building heights xvhile 5 persons also spoke in opposition to the proposed increase in building heights during the public hearing. Therefore, this petition could not be placed on the summary agenda. PLANNING SERVICES STAFF RECOMMENDATION: Staff recommends approval of Petition PUDA-01-AR-1133 subject to the Planning Commission recommendations along with the stipulations contained in the PUD document and as otherwise described by the Ordinance of Adoption and Exhibits thereto. PREPARED BY: - RAY BELLOWS. CHIEF PLANNER CUXR"I}NT PLANNING SECTION REVIEWED BY: SUSAN MURRAY, AICP, INTERIMJ~IRECTOR PLANNING SERVICES DEPARTMENT DATE DATE APPROVED BY: / JOSEPH K. SCHMITT ADMII~ISTRATOR COMMUNITY D/EV. AND ENVIRONMENTAL SVCS. DATE PUDA-01 -AR-I 133/EX SUMMARY/RVB,'rb MAR 1 2 2OO2 pg. J'~ 51EMORANDUSi TO: FROSI: DATE: RE: COLLIER COUNTY PLANNING COMMISSION COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES JANUARY v0, PETITION NO: PUDA-01-AR-11 _ o, MOORINGS PARK PUD AGENT/APPLICANT: Agent: R/chard L. \Voodrufl: AICP \Vilso~L\liller, Inc. .~_00 Bailey Lane. Suite 200 Naples, Florida 34105 Owner: The Moorings, Inc. 120 Moorings Park Drive Naples, Florida 34109 GEOGRAPItlC I.OCATION: Tile subject PUD is located on the east side of Goodlette-Frank Road tCR-S51) and approximately a qum-ter mile south of Pine Ridge Road (CR-$96) in Section 15. Toxvnship 49 South, Range 26 East. (See illustration on tile following page) REQUESTED ACTION: The petitioner is requesting to amend the Moorings Park PUD (Ordinance Number 79-19) in order to eliminate the specific project description language by adding a general project description that allows for flexibility in determining the mix of congregate and nursing care facilities along with the accessory uses that include an assisted living and independent living units. Other changes include adding a list of permitted uses and accessory structures derived from the Project Description and revising the parking requirements to be consistent with Section 2.6.26.2.5 of the Land Development Code. The currently approved master plan will be updated to depict the existing developed area located within Tract "A", and the future development areas designated in Tracts "B" & "C" (See attached Master Plans). Lastly, the petitioner is requesting to increase the maximum building height from 1 and 3-stoD' structures to allow two 5-story structures with a maximum height of 55 feet in Tract "B" and one ~-;-story structure with a maximum height of 95 feet measured to the fiat 'oof in Tract "C". 1,40,~A I'~, ... MAR 1 2 2002 [~AR I 2 2002 P~. PINE RIDGE ROAD o~ © O MAR 1 2 2002 PUD MAS rER PLAN Prepared for: The Moorincjs~ Inc Wilsd, nMiller C'dL-:d.~3~:lb:,.ot"r- $ b,,3.;L" PlE~i1. 1,4AR 1 2 2002 PURI'OSE/I)ESCR1PTION OF PROJECT: The 83-acre .',leerings Park PUD was first approved in 1979 and amended in 1980 and 1983. Tile project is currently developed as all assisted living facility with skilled nursing uses. Tile site contains two existing 8-story buildings (see photograph below), 3-story gardcn apartments and health center, along with other 1-story structures within Tract "A". This includes a chapel and a maximum of414 dependent living residential dwelling units and 180 assisted living units. The purpose of tMs petition is to amend the Moorings Park PUD document itl order to provide greater flexibility in meeting the needs of tile current market seeking assisted living and nursing care facilities. Therefore, the petitioner is requesting to change tile development standards that would apply to lands xvitMn Tract "B" to increase tho maximum building height from 1, 2 & 3-story structures to alloy,: two 5-story residential buildings or 4-story buildings each over 1-story of parking with a n~aximum height of 55- Feet. One S-stoD' structure (not over parking) is proposed for Tract "C" with a n2aximum height of 95-feet. It should be noted that no increase in intensity is proposed over tile curt'early approved units and health care facilities. SURROUNDING LAND USE AND ZONING: Existing Cor~ditions: Tract "A" of the subject property is developed with an assisted living facility, a licensed health care facility, and residential dvcellirtg units. The property is zoned the Moorings Park PUD. SuiTounding- North: East: South: West: Developed residential and zoned the "Moorings Park Estates PUD". Developed with the Big Cypress Golf Course and is zoned "GC". There is also a single family residential area that is zoned RSF-3. Lands to the south are zoned C-I& RSF-3, and contain a church and the City of Naples water tank. Goodlcttc Road and developed with single and lmflti-fam dwellings For properties zoned RSF-4 and RNII':-6. . AC,~a ITEM ly t'esldent~a~ ~ ~._ ~ ,,-~- MAR 1 2 2002 P~. ~ GROX, VTI! 51ANAGESIENT PI. AN CONSISTENCY: All of thc subject property is located within the Urban Mixed-Use District - Urban Residential Sub-district as identified on the map to the Future Land Use Element (FLUE) of the Growth Management Plan (GMP). A review of consistency relationships with elemeuts of thc GMP is as follows: Furore La~d [)'sc Element - The proposed amendment to this approved PUD will not increase the number of assisted living units or the number of independent living units currently allowed. The CmTently approved density for this PUD is 5 units per acre. The total eligible density in this area is 3 units per acre. However, Policy 5.1 of the FLUE provides that property zoned prior to tl~c adopfon of the GMP and found to be consistent through the Zoning Re-evaluation Program is considered to be consistent with tile Growth Management Plan. Zone changes and amendments to the PUD zoning are permitted if it is consistent with the FLUE. provided the number of dwelling units and lhe overall intensity are not increased. Based on this condition, the Comprehensive Planning Staff had deemed that the proposed amendment is consistent wilh the FLUE. Transportation Element Since this petition will not increase the developable area or add additional dwelling units over the amount that can currently be developed, no Traffic Impact Statement (TIS) ,,','as required to be submitted with tiffs petition. Based on staff's analysis of the request, the proposed amendment '`,,'ill not lower the level of service below the roads adopted level of service "D" and "E" standard for Goodlette-Frank Road (CR-851). As a result, this petition is consistent with Poticv 5.1 and 5.2 of the Transportation Element. Furthermore, CR-S51 is currently a 4-lane arterial road with a 2001 traffic count of 32.2S7 AADT (LOS "D") for the segment fronting the project entrance. As a result, this petition is consistent with Policies 1.3 and 1.4, of the Transportation Element. HISTORIC/ARCIIAEOIDGICAL 1,~IPACT: StalTs analysis indicates that tile petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collie:' County Probability Nlap. Therefore, no Historical/Archaeological Survey and Assessment is required. Pursuant to Section 2.2.25.8.1 of the Land Development Code if during the course of site clearing. excavation or other construction activity an historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. EVALUATION FOR ENVIRONMENTAl.. TRANSPORTATION & INFRASTRUCTURE: I-his petition was referred to the above referenced County agencies tk, r their review. Since no additional acreage or square lbolage has been added to thc PUD, no level of servic,e {I.OS) standard will be adversely affected by this amendment. As a result, thcs: recomnmnded approval. Because the subject site is partially developed and do, sn'tl~t:~in .~ .' MAR 1 2 2002 IO wetlands, an Environmental Impact Statement ,,','as not required. Therefore, the Environmental Services staff has recommended approval as submitted. Since no additional access poims arc proposed, the T,-ansportation Department has recommended approval. EVAI~UATION: Staff completed a comprehensive evaluation of this land usc petition and tl.te 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, cuh.t.tinating in a staff recommendation. The review criteria are specifically noted in Section 2.7.2.5 and Section 2.7.3.2.5 of the Land Development Code tl.tus requiring staff evaluation and comment, and shall be used as the basis for a recommendation by the Planning Commission to the BCC for either approval or denial. A sun.treaty of tile potential impacts or considerations identified during tile staff review are listed under each of the criterion and are followed by a conclusion culminating in a determination of compliance, non-compliance, or compliance with mitigation. These evaluations arc completed as separate documents and are attached to the staff report. Appropriate evaluation of petitions for rezoning should establish a factual basis for supportive action by appointed and elected decision-makers. The evaluation by professional staff should t3pically include an analysis of tile petition's relationship to the community's future land use plan, and whether or not a rezoning action would be consistent with the Collie]' County ©MP in all of its related elements (See Exhibit "A" and Exhibit "13"). Relationship to Future Land Uses: A discussion of this relationship, as it applies specificallv to Collier County's legal basis for land use planning, refers to tile relationship of the proposed zoning action to tile Furore Land Use Element (FLUE) of tile Growth Management Plan. The subject site has been found to be consistent with the GMP through the Zoning Re- evaluation Program. As a result, the proposed PUD amendment is permitted since the changes do not increase tile number of dwelling units or thc overall intensity of tile approved PUD. Based on this condition, the Comprehensive Planning Staff had deemed that the proposed amendment to be consistent with the FLUE. Therefore, the subject petition is consistent with the Collier County GMP. Regarding tile matter of tin.ting, it should be appreciated that urban development completely encircles the site. After considering tile availability of community infrastructure and services it is clear that the development of the subject property is timely and consistent with the FLUE to the GMP. Relationship to Existino. Land Uses: With respect to the matter of compatibility with the adjacent properties, staff has compared the currently developed portion of the PUD and the proposed changes with the SmToundirtg properties. Lands to the north are developed with single-family dwellings, whicl.t abut the existing developed portion (Tract "A") of tile Moorings Parl,: PUD. Therefore, tile proposed amendment will not significantly impact tl.tat neighborhood. To tile east is a golf course and the Big Cypress Countu' Club that is developed with single-family dwellings. Tile properties to tile south are deveioped with a church along with other properties that are zoned C-1. To the ,,','est arc Goodl. :u¢-pli,~l, lj~,~ aim a sing ¢-l'amily residential neighborhood. To improve lhe relationship xvi~ thfq&2tf°perties~ C MAR!2 2002 4 \\ to the east. the two 5-story buildings proposed in Tract "B" are required to be set back a minimum of 2S-feet fi'om the eastern property boundary. The one 8-story building in Tract "C" will bc setback 300 feet fi'om the eastern property line. Since Tracts "B" & "C" abut a golf course, the proposed setback ,`,`'ill ensure that thc circulation of light an air between thc adjacent properties ,,','ill not be significantly impacted. However, thc residents within the Count~T Club of Naples, which lies east of the golf course, may deem that the proposed increase in building heights ,,,,'ill significantly block their views to the west. It should be noted that the PUD Zoning District allows for departure from the strict application of setback, height, and minimum lot requirements of conventional zoning districts while maintaining minimum standards by which flexibility may be accomplished, and while protecting the public interest. To protect the public interest concerning the building heights, a 2g-foot setback adjacent to lhe eastcm property line is proposed. This provides more than adequate room for the circulation of light and air between adjacent land uses and structures. In addition, the proposed 5-sto~T buildings in Tract "B" and the proposed 8-stoo' building in Tract "C" are compatible with the two existing g-story buildings within Tract "A" of the Moorino_s Park PUD (See photograph #1). Lastly, the golf course has extcnsive mature landsca¢ing that will provide visual barrier frorn the residential development within the Big Cypress CountO' Club of the proposed 5-story and 8-story structures (See photograph #2). #1 - One of the existing 8-story buildings. #2 - View of the golf course landscape buffer. Because of the extensive landscaping along the golf course and the proximity of the two existing S-story structures, staff is of the opinion that the proposed amendment is compatible with the adjacent properties. Utility lnfi'astructure: The site is accessible to a public sanitary sewer and municipal water supply. This amendment ,,,`.'ill not change or impact the previous approval. STAFF RECOMMENDATION: That the Collier County Planning Commission (CCPC) tbm'ard a approval of Petition PUDA-2001-1133 subject to the stipulations and the comn~itments contained in tine PUD Document. recommendation of MAR 1 2 2002 P RE PA RE 1) BY: RAY .BELLOWS, CHIEF PLANNER CU~ENT PLANNING SECTION DATE REVIEWED BY: gL~sAN XIURRA~, AICP, MANAGER CU~NT PLANNING SECTION THOMAS E. KUCK, P.E., ACT~G D~ECTOR PLANNING SERVICES DEPARTMENT DATE "2 DATE APPROVED BY: JOSEPH K. SCHMITT, ADMINISTILS. TOR CO;X/,IMUNITY DEV. AND ENX;IRONMENTAL SVCS. Staff Report for the Fcbrua~, 21, 2002 CCPC meeting. DATt~ COLL1ER COUNTY PLAN.~ING COMMISSION: KEN,'NETH L. ABERNATHY, CHAIP, zMAN R\,B'rb STAFF REPOR'F/.*R-1133 MAR 1 2 2002 FINDINGS FOR PUD PUDA-01-AR-1133 Sectiou 2.7.3.2.5 of the Collier County Land Development Code requires the Planning Commission to make a finding as to the PUD iX.faster Plans' compliance with the following criteria: 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. Intensi~'ing land development patterns produces economics of scale relative to public utilities, facilities and services, which are currently available in this area of Collier County. Development of land that has legal access, and is adjacent to existing residential and nonresidential development is particularly suitable for a mixed-use congregate care facility, skilled nursing facilities and residential development. Conversely, existing neighboring residents may perceive the proposed increase in building height as intensification near their neighborhood as contributing factors to increasing noise, blocking views and reducing property values. Jurisdictional reviews by County staff support the manner and pattern of development proposed for the subject property. Development conditions contained in the currently approved Moorings Park PUD document and proposed amendment give assurance that all infrastructures will be developed and are consistent with County regulations. Any inadequacies that require supplementing the PUT) document will be recommended to the BCC as conditions of approval by staff. Recommended mitigation measures will assure compliance witl~ LOS relationships as prescribed by' tile GMP. 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. Documents submitted xvith the applicatiou provide evidence of unified control. The PUD document makes appropriate provisions for continuing operation and maintenance of colllmon areas. o Conformity of the proposed Planned Unit Developmeut with the goals, objectives and policies of the Growth Management Plan (GMP). The subject petition has been found consistent xvith tile goals, objectives and policies of dae GMP. The subject PUD currently allows For a mix of residential and commnnit,v facilities, which is consistent with the GMP (See Staff report). Exhibit "A" MAR 1 2 2002 The internal and external compatibility of proposed uses, which conditions may include restrictious on location of improvements, restrictions on design, and buffering and screeniug requirements. Thc subject 83-acrc PUD has been developed with a comlnon architectural design and development standards that reflect the approved and existing development wilhin thc Moorings PUD. In addition, landscaping has been provided to buffer the adjacent residential and non-residential tracts. The PUD Master Plan has been dcsigned to optimize internal land use relationship through the use of various forms of open space separation. The adequacy of usable open space areas in existence and as proposed to serve the development. The amount of' open space set aside by' this project is consistent with the provisions of the Land Development Code. The tinting or sequence of development for the purpose of assuring the adequacy of available improvements aud facilities, both public and private. The proposed PUD amendment will not adversely impact the timing or sequence of development that is cu~ently allowed under the existing PUD zoning. Furthermore, thc adopted concun'ency requirenaents ensure that fit~her LOS degradation is not allowed or the LOS deficiency is co~ected. The ability of the subject property and of surroundiug areas to accommodate expansion. Ability, as applied in this context, implies supporting infrastructure such as wastewatcr disposal system, potable water supplies, characteristics of'the property relative to hazards. and capacity of roads, is supportive of conditions elnanating fi-om urban development. This assessment is described at length in the staff report adopted by the CCPC o Conforlnitv with PUD regulations, or as to desirable modifications of such regulntions in tile particular ease, based on determinntion thnt such modifications are justified ns meeting public purposes to n degree nt least equivalent to literal application of such regulntions. FINI){NGb FOb', I'I;D t~l-Al<-1137 This criterion 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 "RT" development standards that allow for Family-care I:acilities. 1 2 2002 REZONE FINDINGS PETITION PUDA-01-AR-1133 Section 2.7.2.5. of thc Collier County Land Development Code requires that the report and recom~nendations of the Plmming Commission to the Board of County Commissioners shall show that the Planning Commission has studied and considered tile proposed change in relation to the following, where applicable: Whether the proposed change will be consistent with the goals, objectives & policies of the Futnre Land Use Map and the elements of the Growth Management Plan. Development Orders deemed consistent with all applicable elements of the Fmure land Use Element (FLUE) of the Growth Management Plan (GMP) should be considered a positive relationship. The proposed development is in compliance with FLUE of the GMP. The existing land use pattern; The adjacent uses include Goodlette-Frank Road to the west wi'file a golf course is to the east and residential to the north. (See Staff Report) o The possible creation of an isolated district unrelated to adjacent and nearby districts: The parcel is of sufficient size that it will not result in an isolated district unrelated to adjacent and nearby districts. It is also consistent with expected land uses by virtue of its consistency with the FLUE of the Growth Management Plan. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. The existing PUD district boundaries are logically drawn and they are consistent with the FLUE of the GMP. The proposed amendment will not change these boundaries. Whether changed or changing conditions make the passage of the proposed amendment necessary. The proposed Moorings Park PUD Amendment is appropriate based on the approved land uses and the existing 8-stou structure in Tract "A" within the subject site. Furthem~ore, the subject PUD has a positive relationship to the GMP. EXHIBIT "B" MAR 1 2 2002 lC; \Vhcther the proposed change will adversely inflnence living conditions in the neighborhood; The proposed dcvclopmen~ standards (i.e. setbacks) made a condition of approval will go a long way ~owards offsetting may potential adverse influences by the increase in building heights on the residential subdivision to the east of the Big Cypress Golf Course. Conversely, the increased building heights may be deemed to impact ~he view of tl~e from d~e residents tha~ abut the golf course. However, due ~o the proposed landscape and buffer areas, the proposed amcndmen~ to the PUD should nm adversely impac~ dae ad]acem prope~ies. In summao', flae proposed PUD ~nendment will not adversely influence living conditions m ~he neighborhood because the cu~enfly approved development already comains an existing 8-stoo~ structure. Fu~hemaore, tl~e conditions for approval have been promulgated and designed to ensure the least amount of adverse impact on adjacent and nearby developments. Recommended mitigation {increased setbacks) should serve to ameliorate impact on the nearby residential area. \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. Evaluation of this project ~ook into accotmt the requirement tbr consistency with Policy 5.1 of the Trnnsportation Element of the GMP and was found consistent. In addition, this project when developed will not excessively increase traffic congestion, in the final analysis all rezone actions are subject to the Concurrency Management System. VChether the proposed change will create a drainage problem; Thc Land Development Code specifically addresses prerequisite development standards that are designed to reduce the risk of flooding on nearby properties. Next, development in and of itself is not supposed to increase flooding potential on adjacent property over and above what would occur without development. However, as urban intensification in the absence of commensurate improvement to inter-county drainage appurtenances ]nay increase the risk of flooding in areas when the drainage outfall condition is inadequate. In summary, 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 rcviex~ed for drainage relationships and design and construction plans are required to meet County standards as a condition of approval. ~;D~ ~r, 2 9. 'Whelhcr the proposed change will seriously reduce light and air to adjaceut areas; 10. 11. 12. 13. All projects in Collier County are subject to the development standards that apply generally and equally to all zoning districts concerning the need to provide thc required open space. The subject development standards are designed to ensure that light penetration and circulation of air does not adversely affect adjacent areas. For example, the proposed 8-story structure within Tact "C" is required to be set back 300 feet from the eastern properly line. V~'hether tile proposed change will adversely affect property values in the adjaceut area; Typically urban intensification increases the value of contiguous underutilized land. However, this is a subjective determination 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 detemfination by law is driven by market value. The mere lhct dlat a property is given a new zoning designation or amendment may or may not afl'cci value. Whether tile proposed change will be a deterrent to the improvement or development of adjacent property ill nccordnnce 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 ~vill not result in a dcten'ence to improvement of adjacent property. \Vhether tile i)roposed change will constitute a grant of special privilege to all individual o~vner as contrasting with the public welfare; Thc proposed amendment to the Moorings Park PUD complies with the Growth *lanagement Plan, which is a public policy statement supporting zoning actions when they are consistent with said plans. In light of this fact the proposed change does not constitute a grant of special privilege. Consistency with thc FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. X, Vhether there are substantial reasons why tile property cannot be used in accordance with existing zoning; potential of thc site as made possible by its consistency relntiouship Nlanagcmcnt Plan. The subject property can be developed in accordance with tile existing zoning, however to <to ~a v ,.'.~tld deny this petitioner of the oppommitv to maximize x'ith ~r MAR 1 2 2002 Map Output Page 1 of 1 CCPA GIS - HTML Ma PETITION PUDA-01-AR-1133 Airpi~oto of one of the existing 8-Story buildings within Tract "A". A~r.t~A ITE~C~ MAR 1 2 2002 · ' - T ' ' ' " ' ~ ? ~ / ') hup:/.,'gis ..... ,'com.esri.csrmmp. Esnmap?ServtceN ame=ccpa_dcs~gn&F orm=True& Encode= Fru -, 1,,,00, PUDA-2001-AII-I 133 51OORINGS I'ARK PUl) PROJECT -"/19990143 DATE: 7/10/01 PETITION N UNIBFA~ ' RAY BELLOWS DA APPI.ICATION FOR PUBLIC tlEARING FOR PUD AMENDMENT/DO AMEN1)MENT COSIMUNITY DEVELOPMENT DIVISION PLANNING SERVICES 1. Name of Applicant(s) The Moorinas~ Inc. Applicant's Nlailing Address 120 Nloorinas Park Drive City __Naples State Fl_ Zip 34105 Applicant's Telephone Number: __9_4_l-~_6j-l_(~J_6~ .............................. Is tile applicant the owner of tile subject property? ~ Yes ~ No (a) If applicant is a land trust, so indicate and name beneficiaries below. x lb) If applicant is corporation other than a public corporation, so indicate and name officers and major stockholders below. (c) If applicant is a partnership, limited partnership or otheF business entity, so indicate and name principals below. (d) If applicant is an owner, owners, if any. indicate exactly :ts recorded, and list all other If applicant is a lessee, attach copy of lease, and indicate actual owners if not indicated on the lease. (I5 If applicant is a contract purchaser, attacl-~ copy of contract, and indicate actual owner(s) name and address below. Alan Kore.;t. Chairman: William Mueller. Vice Chairman: Donald L Berry. Treasurer Patricia NI. Barton, Secretary: Guenther Gosch, CEO/President 2. Name t)f :\gent Richard I~. \Voodruff, AICP FiFm \VilsonNliller. Inc. Agc~t's N lailing .,\cldFc~s 32(10 !/2i_l_ey J.ant;. Suite 200_ ('i~',' Nal~!e. State .... F[. Zip -l- ZD 2. Name of :\gent Richard Yovanovich. Esq._ Firm Goodleltc. Coleman. and Johnson. P.A Agent's Nlailing Address 4001 Tamiami Trail North City Naples State FL Zip 34108 Agent's Telephone Number: 9(P2~ ) 435-3535 3. PUD Ordinance and Number: 79-19 (Previously amended by Ordinance #'s 79-99. 80-31. 83-1. and Resolution a_ppr~w_c_d_ by Collier County Plannin~ Commission on June 5. 1997. ) Detailed legal description of the property covered by the application ('if space is inadequate, attach on separate page; if request involves change to more than one zoning district, include separate legal description fi_~r property involved in each district' if property is odd-shaped, submit five (5) copies of survey; 1" to 400' scale). The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification shall be required. ,> East Section 15 Township 49 South Rano~e ~- ) e't.;c roi'er to p[TD document for detailed le,,q dc,criDtion 5. .-\ddrcss c~r location of subject property' 120 ~Xloorin~s Park Drive I)ocs pr,)perty owner own contiguous property to thc subject property? If so. give complete legal description of entire contiguous property. (If space is inadequate, attach ,m separate page.) T.~'pe of Amendment: :\. PUD Document Language Amendment X I3. PUD Xlastcr Plan Amendment C. I-)cvcl,~lmlCl~t ()rdet' [.ai~gu:lge .-\!~<ndtt~ent Il Il,,, cxpl:tin: 4AR 1 2 20O2 10. [Ins a l:ublic hearing been held on this property within the last yeal"? If so, in whose name? No Petition Number: Date: IIas any portion of the PUD been__ sold and/or x developed? Are any changes proposed for the area sold and/or developed? If 3'es, describe. (Attach additional sheets if necessary.) AFFIDAVIT I. Guenther Gosch, Chief Executive Officer of The Mooritms. Inc. being first duh' sworn, depose and sa5' that I aln the representative of the corporation which controls the property described herein and which is the subject matter of the proposed hearing: that all tine answers to the questions in this application, and all sketches, dttl:t. and other supplementatT matter attached to and made a part of this application, are honest and true to the best of my knowledge and belief. I understand this application must be co~nplete and accurate bclbre a bearing can be ndvertised. I I~rther permit the undersigned to act as my representatives in any matters regarding this Petition. Signature of Representative of Coq~oration Oucnthcr Gosch [~ichard [, \Voodt'llff, ,,\ICl> Signature of Agent Richard Yovanovich, Esq. SI'ATE OF FIoORIDA COUNTY OF COLLIER b.' __ - - ~]'~ as identification and who did (did not) who has produced take an i~$,21.'i~1 ',ION 13:14 F.-UI 941 263 [i1415 W~ILSU.XglLLLN-.4.[OII3 PUI)A-2001-AI{-II33 AIIDILESSING CttEC~IST M O ORI NG S PA RK P I' I) PROJECT ~19990143 Please complete the fo]lowing. Not ~11 items will apply to every proiect. Items in bo DATE: 7/10/01 RAY BELLOWS I. Legal description of subject prope~' or properties (copy of lengthy description ,,uy oe ateacn,za) Please see attached Exhibit "A." Folio (Properly ID) number(s) of above (a~ach to, or associate with, legal description if more than one) 6194]760008 Street address or addresses (as applicable, if ah'cody assigned) Naples, FL 34105 Loca¢ion map, showing exact location of projecV'site in relation to ne=rest public road right-of-way (altach) Please see attached Er&ibit "B." 5. Copy of survey (NEEDED ONLY FOR UNPLATTED PROPERTIES) N/A 6. Proposed project n~rne (if applicable) Xlocrin.~s Park PUD 7. Proposed street names (if applicable) N/A 8. Sire Development Plan Number (FOR EXISTING PROIECTS/SITES ONLY') SDP ~ -. 9. Petitiun Type (indicate which is applicable): ~ SDP (Site Development Plan) ~j SDPA (SDP Amendment) ~ SDP1 (SDP [nsubatantialChmxge) ~ SIP (Site Improvement Plan) ~, SIPA (SIP Amendment) [] Construction PlansJPlat ~ Land Use Petition (Variance, Conditional Use, Boat Dock E×tension. etc.) [] Street Name Change (SNR) [-] Blasting PemSt I'-] Right-of-way Permit [] Clearing/Vegetation Removal Permit [-] Excavation Permit [] Other- Describe: PUD Amendment 10. Project or development names proposed for, or already appearing in, condominium document~ applicable; indicate ~'hether propesed or existing) A flEW 'MA 1 2 2002 Applicant name Moorh~es Po~"ka I_.nc. Phone 261-1616 Fl=LX FOR .5 [..xYF USE ONLY P UDA-200 I-All- ! 133 MOORINGS I'AI{K PISD PROJECT ~- 19990143 DATE: 7"10,/01 RAY liE[ .LO\VS ,,.1 u5 21.'{il .MOX 13:45 FAI 9.ll 263 Legal Description M¢orlngs Park described a~ follcw~ Florid.: Collier C~)unty ~u~ll~ P. eco~i, Collier County, thence 5ou~h ~'-I~'-21' w~= 269.34 that, C9 Sc~ 54'-31'-14' :lq~t 74.33 EZ':Hi~IT A ,~ ,~ e'',', ,,r , - , SLEEPY HOLLOW :-- CD 300 ACRE ~ '---.,-- GOODLETTE '~ E3/ RO*D PUD ~INE RIDGE ROAD (C.R. 896) __ ____ ...... ___ / ,- 1THE j NA~cS BANYAN WORLD AWK'S ROGE :5 Ngl vP. / '321 July 3. 2001 W TsdnMiller New D~rechons In PI,]nmng, Design & Engineering PUl)A-2001-A I/-1133 ~IOOIIINGS PARK PUl) PROJECT # 19990143 DATE: 7/I 0,'01 RAY BEi. I.OWS Mr. Ray Bellows, Project Planner Collier County Development Services 2800 North Horseshoe Drive Naples, FL 34105 Re: Moorings Park PUD Amendment Dear Mr. Bellows: Enclosed herewith are seventeen (17) copies of an application for public hearing for a minor PUD amendment for Moorings Park. Also enclosed are 17 copies of the following: PUD document in cross-through and underline form, the proposed revised PUD master plan, and the existing approved PUD master plan for the project. A check in the amount of Sl,200 is included (a $300 deposit was provided at the time of the pre-application conference) to cover the cost of processing this requested amendment. This PUD was originally approved in 1979, and several minor amendments have been permitted since that time; the latest being an insubstantial change to the master plan which was approved by the Collier County Planning Commission in 1997. The PUD document, as it is now written, is very specific as to the number and type of units to be constructed as well as the associated accessory uses. Moorings Park, lnc., seeks to amend the PUD to provide flexibility in an effort, to meet the needs of the current market seeking assisted living and nursing care facilities. PIease note that Richard Yovanovich and I are co-agents for this request: therefore, please feet free to contact either of us with questions you may have °r inf°rmati°n y°u may need. We look forward to working with you on the processing of this request. Sincerely, WilsonMiller. Inc. Dr. Richard L. Woodruff. AICP Vice President & Director of Planning Services CC; Guenther Gosch Richard Yovanovich MAR 1 2 2002 hlAR 1 2 2002 ~IAR I 2 Mr. Ray Bellows, County Planner Community 3evelopment Services 2800 [lorth Horseshoe Dr~ve Haples, FL 34105 ',Pear ,.Ir'. be. 1 lows As .--~ ','er.7 concerned, lop,g-time resident of r. he Cc, ur~t,'7 ,.qlub of !laples, I am totally opposed to Moor'i rigs ?ark' s request to rezo,~e ~7 acres for Eight sto~'ies plus will co~sti ~ute a ~nd an ~,~esore for residents of ,the Club. And iandscaping can conceal tha~. I~ too, ?,m anxious to maintain ~ne beautiful .]r~npry and quiet serenity of this area. I want to reason '.?e -~.,:, i: here. I realize ir. is inevi'L:~ble Bhat Moor ir'.~3s Park '.~an'ts ~o f-~Ifi I1 ir.s mission. They want to caoitalize on the G..)'~'~- Ci~lb' s beau~i Fu'l /ie~,.~s and peaceful ,]~u 'ie ~he r~sidents don' t v~ant ~o hav~ our beaur, i ful MAR 1 2 2002 L,, 80 C. ypres.'.~ Point Drive ,Naples, Fl_ 34105 Mr. Ray Bellows Principal Planner Community Development Services 2800 North Horseshoe Drive N~,ples, FL 34'104 D~:~r Mr. Bcllcvrs: My wife f,,nd I reside in Big Cypress Golf and Country Club Estates where we o~ our own home whict~ we purchased in 1990. Recently we learned that our neighbor, Moorings Park, wants to amend thc. ir PUD. We wauld like for yo~l to know [hst we are adaman[ly opposed to Collier Coun~ granting the PUD 3~¢noment. This opposition hss been echoed by evew one of our fellow homeowners we have bean ab~a [o contact dudn9 this off season. We trust that you, as our planning representative, will r:epor[ ~o our Coun~ Commissioners that the proposed amendment is inappropriate. We ~!ong with our fellow residents purchased, have improved, and ~ntinue to improve our homes with the understanding that the M~dngs Park prope~ in question is to ~ developed per the PUD with the clear height restridion of one story tall product. The area within M~rings Park in question is located imm~iately to the West of our homes along the fai~ays of The Countw Ck'.b of Naples. We presently enjoy ~autiful landscaped views and gorgeous sunsets in a residential setting ,,~[hin the bounds of this pdvate golf club. The value of our property v/oLdd cortahW be d:,mir~ished if our Cod'er Cot nty Comrnissi~ners were to grant such an nap~ropriate amendment. Grs~nting ~his amendment would also hurt The Counby Club of Hs, ples. Sedous consideration should ba given by our Collier County ofacials to upholding the existing PUD that protects the v:~k~,~ of membership in this countw club. A revision to tt,e PUD would result in granting Moorings F-'ark h'~a~n a9ement the flexi bi~ib] of further developrnent of res'de;~tial towers adjacent to faiA*¢ays of the dub. As the communitt of Naples continues (o 9row, protection of established rights along '¢;;E'~ ...... - -~ planning and cor;trol of future grow[h in Collier County is necessary if wo are to i, ;¢~it tt~t~ll ~he qusd~ of life we have gi'ow~ to expect ~nd enjoy. We ~i~ n ~..kndh}g :; copy of this le~gr to The Honor~t)fe jgmes D. C,_~! ter, our Commissioner who rep,'e:::e~(s tis. ~¢*./e 3re i~opeful that he will 81so recognize that approval of the proposed E~i-n,~n,':lr¢;et~t t,} (he existing PUO wouM be detrimental to tl~e vnluo of our propel by ,~nd lifestyle ¢ .¢ i~ commuRity. ~md of considsrabls harm to our very ~p~c .,I residential MAR 1 2 2002 2001 Dear Xh-. Bellow:~. :\s a 30 year homeoxxncr in Big Cypress Estates. in ll~e Country Club of Naples~ and nddabor Io Xloorin2s Pm'l( senior comm~miw. I am xx'ritin~ to express my concern ~t' th-z kloorin,,s Park plan Io reqttest a variance 1o/heir 1976 PUD. :kpparenlly they want to replace the cmrent one $lorx' re~h-iclion on lheir remaining tmdevelopod kind wilh the :~l,ililx' 1o build slruclures up to eighl stories of parking. (nine stories tolal). Of course thex' cio!*. This is how \VonderFttl Naples on the Gulf is ntming into a bi2 oily and experiencing all et'big citx"s problems. Everyone xxm~ls to build more traits per acre. laller buildin2s_ and create more revenue tbr their space. IfI were an :,dministr:dor or planner ibr NIoorings Park. and not inlerested in my neighbors sentiment Ibr 1he maintenance of a residential neighborhood appearance, it would seem like a great doa'.. I I,~wever. asahomeoxxner. Imustregistermv°pp°siti°nt°lhecreati°n°t'high [ recommend lhev limit d~eir buildings to no more ihan 3 stories, including parking, and landscape and light lheir property compatibly with or residential 1 2 2002 August 8, 2001 Y. lr. Ray Bellows. Priucipal Plam~er Community Development Services 2500 North Horseshoe Drive X:aples, FL 34105 [,~:ar' Ir. Bell~,',vs: \'ou are no ctouM au'are that the Nloorings Park development has 17 ac~'cs at the >,~ u~h end of their propcrt.v that they intend ,~o develop. The original plans have been approved Ibr the building of 70 units. xTaturallv tile residents to tile east aud members of the Cotmtr3' Club oi' Naples will be '. C'F,' lqltlch affected by whatever is built to otlr ;','est. One-stol-v homes would be acceptable il' the .,,'o~,dect area betwee~ the Xloorings and the golf cern'se were left alone. They are talking about ,:.:.moving< this buffer of trees. ??o umlerstand that theF intend to request approval to buiht S-story units. \\~ certainly don't want to fool< at this instead ol_'the beautiflfl sunsets we nov,' see. Believe mc it ':could be a real disaster'. Sincerely, Dn John Nlaxfield Principal :Planner, Mr. Ray Bellows Community Development Services 2800 North t-torse:--:hoe Drive i'laples, FL 3,ll 05 Dm.'tr b!r, Bellows: I alll hi r'eceif)t of a k')tter frortl tho Horneowners Association representing the .~t,rrot.,r,c,~r,g street:;. · -,, ,¢ ¢ living on Burning Tree Drive and ..... ~" n~;t~c~ity of home ~,ir,,.r¢ - .. · - . ~.43 Burning Tree Drive. I lira at o. ~' There is a cause Ior legitimate concern regarding a proposed plan by MooringsPark to construct an eight story building abutting the Country Club of Naples and the homes in our area. I can only imagine the i~arm that will be dor;o by cutting off the beautiful n~.ttural [iurroundi~gs. No more sunsets but instead an additional building eight stories high to cbstrt~ct d~e view. Fhat t]~).s to have a large impact on the value of the homes in that area. Not only ~hat, but having the building within such close proximity to the golf course h;ts [O dimi¢~ish tt~e natural beauty not only by its invasion of cement but also because beautift~l trees and lush greenery will be destroyed. Whatever must the Moo~ings Parks directors bo ttfinking. I appreciate that they need more room but aot at ~l~--', e:,tpor~r;o ~f their nei,:.jl'~bors. There must be a better way to ~;er,/e tt~eir populadon. ,t,, uf these pktn.s came to ligt~f. ";i,~-',rl ti~(; majority of our ~ukji~i:c:rs had loft R)r [i~e su~n~ner. I sincerely hope I:hat Moorings Park will have a ;:hange of h, ea~t ~ttl,:l con$iclor d ~:. best way to be good neighbors and still accomplish their goal ITEM MAR 1 2 2002 k' AUL~ 1 ? ZUut 3657 ] Roycrofl Livmfia, Mi. 48154 Tel: (734),164-8098 E-mail: tandkhuff~¢s, corn August 14, 2001 (Sent via fax) .', [oorings Park 120 Moorings Park Drive Naples, FI. 34105 -\ttn: Guenther Oosch, President/CEO Gentlen:en: _My name is Tom Huff and from November to May of each year my wife and I live at 85 C~-press Point D~ive in Naples. Our home is near the second tee of the Counu_'y Club of' Naples. We have owned this residence for twelve years ! am in receipt of your two letters concerning a requested change to the existing PUD, v,'hich would alloxv buildings as high as eight stories on the south end of' your property. Your second letter was a "minutes" of the meeting held July 05, 2001. This document implies that there was not much disagreement xvith your proposal and that the main concern was the height of the buildings. believe that there is strong objection to your proposed change and that this ~lissatisfacdon is widespread. It al, pears that you are making a genuine e~'orr to be a good neighbor. The problem is that if the change is approved, there will only be one wire,er, Moorings Park Evm5' other entity or person involved will lose. Many situations in business allow for a v, dn-win sce-n~do. L;,,d'orttmately, ,,,'our pro.posal's only option creates a wi,net and a loser. If your propos,'d is approved, the biggest ::non winner" will be the homeowners in the pro:~mity of the Country Club of Naples. We are fortunate to ~ve where we do. ~ they say in the real estate busNess, we have location, location, location. We are a commumW t}mt is moving fop~ard. Many residents have made beautifid renovations to their homes. ~q~en a nexv hmne is built on a pre~ously yacht lot, tNs nexv home is l~ger and deer th~ the existing homes. In a tkw ye~s, it is likely that eGsting homes w~l be torn dow~ nnd be replaced by larger ones. TNs is a si~ of a healthy conuntmi~'. If you are sllowe, I to build as you would like, these changes will not happen. We are already i~ampere,t l,y your existing ~gh rises, fhe new one(s) Woldd have a devastating either. MAR 1 2 2002 .-\nether "non winner" would be the Country Club of Naples. Golf and mid-rises and/or high rises don't mix. As a golfer, one of the most enjoyable parts of the experience is the Feeling that you are away from the real world and are able to enjoy nature. High rises have nothing to do with nature. Although the Country Club now has a xvaiting list, this wasn't the case a few years ago. If their rnemberstfip falls again, they will have a harder time geuing new members with your buildings sitting there. Also, your buildings will be visible from the Royal Poinciana Golf Club property and the Hole in the Wall Golf Club property. It remains to be seen what the reaction of their membership will be. Another "non winner" vail be the community of Naples in general. People would nmch rather see a low-rise building than a lfigh-rise building. It seems to me that your ':tenants" would rather be in a low-rise also. Tall buildings look great on the beach but are out of place on Goodlelte-Frank Road. The residents of Naples don't want our cid~ to be another east coast of Florida where there is one high-hse after another. l'rn not sure what criteria the county uses to approve or disapprove your request Hopefully, they wSll a~ee that their predecessors did a good job in the 1970's when this PUD was established. It was a good policy then and still is. Also, I hope they agree that, iF approved, ~'our loss w-ill be ~m-eater than your gain". I'm sending a copy of this letter to Mr. Ray Bellows, Principal Planner, Collier County, and The Honorable James D. Carter, Collier County Commissioner. It's important for them to knmv that chan~ng the PUD would be a tremendous set back for our commuTfity. C c: T he [ lonorabte James D. Carter, Collier County Commissioner (~Aa Pax) Mr Ray Bellows, Principal Pla~mer, Collier County (via fax) Mr. George Adams, President, "Country Club Of Naples Homeown¢'~ s Association" MAR 1 2 2002 Phone 94'1-262-709'Z A~tlust 21. 2001 ., I,.,,.,,J Planner, ,",,!r. t~.a',, ',N',' .... ,i;,,'.~mrru inily Development 2800 North Horses!'x;.e Dri',.e rlul',¢,;b: .3-, [)e~',r Mr. Bellows: P,e:Moorinfls [''ark '-' · ~" · have been resh.',ents ,.~i ;'I:~C,e:~ :i~,{:e 1978. We have lived in the Big Cypress neighborhood for the .,:',~}st 13 years having been f~:r~':~;(.I out of the Pine Ridge Neighborhood by the Pe!ican Ridge development ,,:x;t ,:f the G~:it' ?c,"e Bh,,d. Horlh ;'~rea by !he high rise developments. We have been members of '[he :."c~:r',tt:,' ','.';I~ of HsF.!es for the p~'~..'..t !4 years. For 23 years we have watched Naples be destroyed by the deve':opers and th.~; Real E.'-:tate Bsrons. it has been so sad that we are ready to return to the hlqrth '.'-q!:--.,f ,rrr'rn the higi~ risen ar,d When we moved from Gulf Shore. C;l'.,.d. and all of the Miam, i Beach high rises, ,,,,,'e moved to Big Cypress ec!f and Country v,ub Estates ( The CounW Club of Naples ) to get away from the uncontrolled densification of Hap!es. We have had for the past 13 years a beautiful community with uns~i!ed golf course views and n~tural settings. P!ease keep it that way. Don't permit Moorings Park to erect yet :xmther 8 start/monster to tc.,.7.k do,,'m on our golf course and take away our feeling of countn/. The Norlh ¢ .... :,,,.,, O~CL, panc,uo. No one ,"' of their ¢"~*,~' ,,.:u;,,~z ;> an g¢od e:<ample of blending of ~ ' ;-o objects to the two story ;b',&JiPrjS there We hurdly Pnow thW ::~re there, and to the best of our knov..ledge they enjoy watching us r~i;,,¢ [he ~,!oo¢ing:, ,]oesn:t ~esd a whole !or of green space on [heir side of the lot line, they have [i~e golf ~'.u~[rse to look at. ~-io,,v~'~.,'er .,',e i,;~w: to I(ok at higt~-rise structures from our side if the,/are permitted to ~,t; ',,:i adjacent to me M, ant ;md Larry Mulvan,.'.~y 50 Ournin!.] Tree Dr. iiaplr;-;. Fi. 34105 :"q'l 1'(,:.' /0'[!2 MAR 1 2 2002 John Savastano, CPA Ch_dfshore Blvd..Noah, 'Naple:;, FL -,.~ HonoFable James D. CarteF 3301 East Tamiami Trail Naples, FL 34 l ! 2 Lin Ray Bellows, Principal Planner Community Development Services 2S00 No,'th Horseshoe Ddve xjat3les. FL 34i05 This letter is to express my opposition to the variance change or amendment that would allow the construction of stFuctures higher than the currently permitted one sto~ structurP. r,~'Sti'iCtiO!l qt' the 17 acres owned by %lootings Park. .-ks :t :~:~ples iomeo,'~,,e~, taxpaTer and member of'the Count~',' Club of'Naples, 1 oopose ,,-.l,~Ld,~ ,-:, ~rowth in our Comm~mitv. Constn~ction or'such x project will dest:'ov., the natural ~tmosphere and ~reen foliage, as well as negatively impact property values and quality ot'lit~ to our ,~ountrv club :And its neighborhood. -Fha Naples Comrnunity is changing at a rapid pace. OveF development ir, ,,,i,-,~.~ ,~::Tim.~:s cleat ~,ttr ~cted u:, to Naples. Soon there ,,viii nn !cheer by 2nv op,a space. i10 n(-/'.,~' l'*t~tGOll tC, al"O'-,' COnSt~ucdOn Of ~m',.'. more multiple r;ter'~' structures in this Kesi)ectffdty subn}itted, 'i / ITEM MAR 1 2 2002 ORDINANCE NO. 02- AN ORDINANCE AMENDING ORDINANCE NUMBER 79-19, AS AMENDED, THE MOORINGS PARK PLAN.~ED L~IT DEVELOPMENT BY AMENDING: SECTION 3, PROJECT DESCRIPTION; UNTITLED SECTION 4, TO ADD PERMITTED USES AND STRUCTURES; UNTITLED SECTION 5, TO ADD NE\V PARKING SPACE REQUIREMENTS; SECTION 6. BUILDING LOCATIONS; SECTION 7, MINI.",IU.NI DWELLING L~'N'IT FLOOR AREA; AND SECTION $. M,&XIMLBA BUILDING HEIGHTS, AND PROVIDING FOR AN EFFECTD,;E DATE \VHEREAS, on March 20, 1979, tile Board of Count.',' Commissioners approved Ordinance Nunlber 79-19, which established the Moorings Park Planned Unit Development: and \VHEREAS. Richard L. \Voodruff. AICP, of Wilson.Xliller. Inc.. representin~ The .Moorings Park. Inc.. petitioned tile Board of County Commissioners of Collier Co'ant','. Florida. to amend Ordinance 79-19. as amended. NO\V. THEREFORE. BE IT ORDAINED BT the Board of County Commissioners o£ Collier County. Florida that: SECTION ONE: :M',.1END.XlENTS TO SECTION 3 ENTITLED PROJECT DESCRIPTION OF ORDINANCE NLrNIBER 79-19. .-kS .AMENDED THE MOORINGS PARK PUD OR. DINANCE Section 3. entitled Project Description. of Ordinance Number 79-19. as an:ended. the _Moorings Park PUD Ordinance. is hereby amended to read as follows: 3. GENERAL PROJECT DESCRIPTION upa:: con?et:on ~c.~ .... ,,._~. ..... , ,,.;u contain '~'~ 10 3 stary garde:: apart:::ent ~.,,;L~: ........... ,~;,.; ....... :::ore '~ ....... core Words underlined are additions: V,.lord$ s4ruck ': ....... :- are d 1 NAR 1 2 2002 ¢2.., ,% liccnzed health center which '.:'ill contain a maximun: of 1 ~0 ?r~v~te or ..... ; privale patient .............. ~ ...... ;'~ ...... ~;-~ zuppo:2 ~ministrative fac~ez ccmmon lc bea!th centers. A chape! Manmade lakez and lake lc lake pipeg and w.valez. .Moorines Park is designed to accommodate a full ranee of conere2ate and nursin,_, care facilities and accessory uses including independent units, assisted livine units, nursine care units, therapeutic facilities, resident and staff educational facilities, a full ranee of recreational facilities, and customary accessory used and structures. A maximum of 414 sino'-le family and multi-family units and l SO- assisted livinz"nursino_ care dwelling units ma,,' be constructed within tile proiect. SECTION T\VO: AMENDMENTS TO UNTITLED SECTION 4 OF ORDINANCE -0- 19, ,,kS AMENT)ED, THE MOORINGS PARK PUD ORDINANCE. Untitled Section 4 of Ordinance 79-19. of Ordinance Number 79-19, as amended, tile Moorings Park PUD, is hereby amended to add a paragraph entitled "Permitted Uses and Structures" to read as follov,'s: 4. PERMITTED USES AND STRUCTURES A. Principal Uses: 1. Con~eeate livino_ facilities consislin~ of any of the folloxxin~ livine facilities: a. Sinele family detached dwellin~s. b. Sinele family attached dwellings. c. Multi-family dwellimzs. 2. Licensed health care facilities. 3. 4. 5. Chapel. 6. Lakes, and open spaces. Maintenance facilities. Recreational and educational facilities. B. Accessory Uses and Structures: The Moorings Park project will not be subdMded. Tile entire projc and other improvements, will be owned and managed by The Moorl Words underlined are additions; words struck ',brough are 2 1. Accessory uses and structures customarily associated with permitted principal uses listed in Paragraph A above. 2. Any other accessory uses which are comparable in nature with tile foregoing uses and which the Plannin~ Sen'ices Director detemfines to be compatible. -- t, lal~ ~.. Inc.. a Florida MAR 1 2 2002 etion~. non-profit corporation qualified as such by the Internal Revenue Service under Rule 501 c (3). SECTION THREE: AMENDMENTS TO UNTITLED SECTION 5 OF ORDINANCE NUMBER 79-19, AS AMENDED, THE MOORINGS PARK PUD. Untitled Section 5 of Ordinance Number 7%19, as amended, tile .Moorings Park PUD is hcrcby amended to read as follows: sWeet parki::g spaces planned include: I 1 '2 par!ring spacr, s per gat'dca apr, nment. 4-spaces pe.r ~v ..... _, spaces pCT ~,,,= .......... ; ......... ~-. v5 ',ishor spaces, 35 staffs?aces, and 3 sew:ice '.'ehie~,aces for d~e co:~ 45 visitor spaces. SS staff spaces, and 4 service veMcle spaces for :];e ~hh cente~ Parkina Spaces required: B. C. D. Independent living units: one per dwellinu unit. Assisted livine; units: 0.75 per assisted unit Nursin~ care units: two parking spaces per five beds. Accessory uses and structures: parkin~ shall be provided in accordance with Division 2.3 of the Land Development Code in effect at the time of Site Development Plan approval. SECTION FOUR: AMENDMENTS TO SECTION 6, ENTITLED BUILDING LOCATIONS OF ORDINANCE 79-19, AS AMENDED. THE MOORINGS PARK pLrD. Section 6 entitled Building Locations, of Ordinance 79-19, as amended, tile Moorings Park PUD is hereby amended to read as follows: 6. BUILDING LOCATIONS \Vords underlined are additions: wordso,, ...... ..~.t.~ ,~ ........ ........ .~-~' are 3 MAR 1 2 2002 L P:'incipal ~.,a accessory ~,,.;~a;.,g~ ,~,~u ~,~ a .... ~^?~,~ ......... n ..... i:x!i,:ated on Se master plan. No principal buildings slnall be closer together than one-half tile sum of their height, wbiclnever is greater. No building slmll be closer to a properly boundary than 20 feet or one-lmlf tile building heiglnt, whichever is greater. For Tract B. buildings five stories or four stories over one story of parkin~ shall be set back a minimum of 28 feet from the properW boundary. and buildings three stories or lower shall be set back a minimum of 20 feet fi'om tile properly boundary. Structures located within Tract "C' which arc higher than three stories shall be set back a mininmm of 300 feet from the SECTION common property boundary of Moorings Park and tile Country Club of Naples. FIVE: AMENDMENTS SECTION 7 ENTITLED MINIMUM D\VELLING UNIT FLOOR AREA THE MOORINGS PARK PUD OF ORDINANCE 79-19, AS AMENDED. Section 7 entitled Minimum Dwelling Unit Floor Area of Ordinance 79-19, as amended, tile Moorings Park PUT) is hereby amended to read as follows: 7. .XI1NINIUM DWELLING UNIT FLOOR AREA. 600 square feet for independent care units, and as required by state rcoulations in licensed lnealth care. SECTION SIX: AMENDMENTS TO SECTION 8 ENTITLED BUILDING HEIGHTS OF ORDINANCE 79-19 .AS ANIENDED. THE NIOORINGS PARK PUD Scc~.ion S entitled Maxinmm Building }-Ieiglnts of Ordinance 79-19. as amended. One Nloorings Park PUD is lncreby amended to read as follov,'s: S. MAXIMUNI BUILDING HEIGHTS Tract A S stories for tile two "Y" shaped elevator apartments adjacent ~he cove building. 3 stories for the garden apartment buildings. 3 stories for the tmalth center. 1 story for all other structures. Tract Two, 5-story structures which may be five residential floors or four stories over one floor or parking with a maximum height of 55-feet measured to the flat roof. Parapets, cupolas, air conditionino, units and similar architectural elements may extend an additional 12 feet in heizbt. Elevator shafts and their cupolas may extend a maximum of 20 feet above tile base height of 55 feet. All other stn~ctures are limited to 35 feet in heiebt as measured to tile eave. Tract "C" One, 8-story structure not situated over a parking facility vc base heigM of 95 feet measured to the fiat roof. Parape co'~ditioning units and similar arclnitectural elements n additional 12 feet in Incielnt. Elevator shafts and their cupolz Words underlined are additions; words ;:rack ......... h-arc deletim 4 cup~ !lF-~ MAR 1 2 2002 maximum of 20 feet above the base heir, hr of 95 feet. All off, er structures are limited to 35 feet as measured to the cave. SECTION SEVEN: EFFECTIVE DATE This Ordinance shall become effeclive upon filing ,,vifl~ the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of ,2002. BOARD OF COULNTY COMMISSIONERS COLLIER COUNTY, FLORID.& ATTEST ' D\VIGHT E. BROCK. CLERK BY: JAMES N. COLETTA. CHAIIL\IAN Approved as to Form and Legal Sufficiency: ,_;.~ .,. ,c .... , / Ma~jorie'M. Student Assislant County' Attorney ORDNo 79-19 FAR-113? Words underlined are additions; words~. ...... =~ ~',. '~, ,, ...... ~.=.t'. are deletions. 5 NAR 1 2 2002 EXECUTIVE SUMMARY PETITION PUDZ-02-AR-1978, RICHARD YOVANOVICH OF GOODLETTE, COLEMAN & JOHNSON AND WAYNE ARNOLD OF Q. GRADY MINOR AND ASSOCIATES, REPRESENTING GATEWAY SHOPPES, LLC, REQUESTING A REZONE FROM "RSF-3", RESIDENTIAL SINGLE FAMILY TO "PUD" PLANNED UNIT DEVELOPMENT TO BE KNOWN AS HENDERSON CREEK PUD FOR THE PURPOSE OF 500 RESIDENTIAL DWELLINGS UNITS VIA AN AFFORDABLE HOUSING AGREEMENT FOR PROPERTY LOCATED ON THE SOUTH SIDE OF THE TAMIAMI TRAIL (U.S. 41) AND APPROXIMATELY ONE-HALF MILE EAST OF COLLIER BOULEVARD (CR-951) IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: To have the Board of County Commissioners consider an application to rezone the subject site from RSF-3 to PUD as noted above 500 dwelling units subject to an affordable housing density bonus a~eement that is consistent with all the applicable codes and regulations in order to ensure that the community's interests are maintained in this community. CONSIDERATIONS: The proposed 48.5-acre Planned Unit Development (PUD) pen'nits a mix of residential dwelling units that may include single-family, two-family, duplex, zero lot line, toxvn homes and multi-family dwellings. The petitioner is requesting a maximum of 500 residential dwelling units of which 100 percent of the dwelling units will be developed as affordable housing units. The proposed residential area is designed around a lake, open space, and preserve areas. The residential area consists of approximately 10.34 acres while the lake area is 2.6 acres in size. The preserve and open areas comprise approximately 32.86-acres. A single access point to the residential project is proposed from U.S. 41. A detailed Traffic Impact Statement (TIS) submitted by the applicant and reviewed by County staff estimates the site-generated trips to be approximately 3,131 Weekday Trips, 252 A.M. Peak Hour Trips, and 289 P.M. Peak Hour Trips. The project will have a significant impact on U.S. 41 from the intersection of Collier Boulevard to the site entrance but the total trips will not adversely affect the roadway level of service. The project will not have significant impacts on the remainder of the roads within the radius of influence. The project trips will not lower the operational level of service standards on any of the roadways within the influence area where the project has impacts of significance (5% of the peak season, peak hour service volume). This includes US 41 and Collier Boulevard north and south of US 41. MAR 1 2 2002 The projected traffic volume in 2003 for US-41 from Collier Boulevard to Rattlesnake-Hammock Road is estimated to be 43,500 AADT (Annual Average Daily Traffic) which includes a background growth of eight (8) percent of existing (36,730 AADT for 2001) and site traffic with a Level of Service "D" adopted standard ser¥ice volume of 51,800 AADT; for US 41 from Collier Boulevard to the site entrance is estimated to be 7,800 AADT including background and site traffic with a Level of Service "D" adopted standard service volume of 9,400 AADT; for Collier Boulevard from US 41 to Manatee Road is estimated to be 41,650 AADT including background and site traffic with a Level of Service "D" adopted standard service volume of 36,700; and for Collier Boulevard from US 41 to Rattlesnake Hammock an estimated volume of 32,750 AADT including background and site traffic with a Level of Service "D" adopted standard service volume of 33,100 AADT. While Collier Boulevard (SR 951) from US 41 to Manatee Road is projected to exceed the adopted level of service standard it is not a roadway se~mnent which is significantly impacted by the proposed application. 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 hnprovement Element needed to maintain adopted levels of sen, ice 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: · Library hnpact Fee: · Fire Impact Fee: · School hnpact Fee: · Road Impact Fee: · Correctional Facilities: · Radon Impact Fee: · EMS Impact Fee: · Building Code Adm.: · Micro Film Surcharge: $578.00 per unit $180.52 per unit $0.15 per square feet of building $827 per unit $890 per unit $117.98 per dwelling unit $0.005 per square foot of building $2 per unit $0.005 per square foot of building $1.50 per unit For an average unit size of 1,000 square feet, the total fiscal impact xvill be $2,757.18 per unit. Since this project proposes 500 units, the total amount of residential impact fees collected at build-out will total $1,378,590. It should be noted that because impact fees vary by housing type and because this approval does not provide this level of specificity as to the actual type of use, the total impact fee quoted above is at best a raw estimate. Additionally, there is no guarantee that the project at build-out will have maximized their authorized level of development. , *. ~-~ 1 2 2002 Other fees will include building permit revie~v fees and utility fees associated with connecting to the County's sewer and water system. 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 valorem tax rates. The revenue that will be generated depends on the value of the improvements. At this point in time a model has not been developed to arrive at a reasonable estimate of tax revenue based on ad Valorem tax rates. Nevertheless, it should be appreciated that not withstanding the fiscal impact relationship, development takes place in an environment of concurrency management. When level of service requirements fall below adopted standards, a mechanism is in place to bring about a cessation of building activities. Certain LOS standards apply count'ywide and xvould therefore bring about a countywide concurrency determination versus roads that may have local geographic concurrency implications. GROWTH MANAGEMENT IMPACT: The subject site is located within the Urban Coastal Fringe Sub-district as depicted on the Future Land Use Map of the Growth Management Plan. The purpose of this Sub-district is to provide transitional densities between the Conservation Areas and the Urban Designated Areas. Residential development in this District is based upon the County's density rating system, as contained in the Future Land Use Element (FLUE) of the Collier County Growth Management Plan (GMP). According to the density rating system, residential development on the Henderson Creek Property has a base density of 4 units per acre. The property is subject to a base density reduction of one (1) unit, because it is within the County's designated Traffic Congestion Area. However, because the project is proposing affordable housing, it is eligible to receive a density bonus of 8 units per acre. The density determination is summarized as follows: Ba'se Density Traffic Congestion Area Affordable Housin~ Bonus 4 du/a -1 du/a +8 du/a Total Eligible Density I 1 du/a. 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 required. ENVIRONMENTAL ISSUES: The Environmental Review Staff has recommended approval subject to the native vegetation requirement to be satisfied with areas of retained native vegetation and/or areas re-planted with native species shown on the PUD Master Plan. The preserve open space area is designed to accommodate, passive recreation and water management uses and facilities. Buffers will be provided around wetlands, extending on average 25 feet landward from the edge of the wetland preserve areas. I 'tAR 1 2 2002 3 ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: Since no wetland areas are impacted by development, this petition was not required to go to the Environmental Advisory Council (EAC). In addition, the Environmental Review Staff has recommended approval subject to the native vegetation requirement to be satisfied with areas of retained native vegetation and/or areas re-planted with native species shown on the PUD Master Plan. COLLIER COUNTY PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission (CCPC) reviewed this petition during their public hearing on March 7, 2002. Due to the need by the petitioner to meet the deadline for making applications for State grant applications, this petition was scheduled for the March 12th Board of County Commissioners hearing. The results of the Planning Commission meeting will be presented during this BCC hearing. Because of this hearing schedule, this petition could not be placed on the summary agenda. It should be noted that staff has not received any letters of opposition to the proposed rezone to the PUD zoning district. PLANNING SERVICES STAFF RECOMMENDATION: Based on the need for Affordable Housing within the county and the requirement to meet the applicant's March 15, 2002 deadline for financial assistance to develop the project, staff elected to "fast track" this application through both the Collier County Planning Commission and the Board of County Commissioners simultaneously; however given the current state of the PUD staff recommends denial of Petition PUDZ-02-AR-1978. PREPARED BY: RAY BELLOWS, CHIEF PLANNER CURRENT PLANNING SECTION DATE REVIEWED BY: USAN MURRAY, AICP, 1NTERIM/DIRECTO PLANrNING SERVICES DEPARTMENT DATE APPROVED BY: JO.SEPH K. S/(~HMITT ADJCIINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. PL'DZ-02-AR-1978 EX S[;MMARY RVB rb MAR 1 2 2002 MEMORANDUM TO: FROM: DATE: RE: COLLIER COUNTY PLANNING COMMISSION COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES FEBRUARY 26, 2002 PETITION NO: PUDZ-02-AR-1978, HENDERSON CREEK PUD AGENT/APPLICANT: Agents: Richard Yovanovich Goodlette, Coleman & Johnson 4001 Tamiami Trail, Suite 300 Naples, Florida 34103 Wayne Arnold Q. Grady Minor & Associates, P.A. 3800 Via Del Rey Bonita Springs, Florida 34134 Contract Purchaser: Gateway Shoppes, LLC Owner: Castle Key Plaza 4525 East 82nd Piazza Indianapolis, Indiana 46250 Robert E. Smith & Gary L. Smith c/o Rodney Thralls A~'ida Realty Services 4651 Tamiami Trail Naples, FL 34103 GEOGRAPHIC LOCATION: The subject PUD is located on the south side of the Tamiami Trail (US-41) and approximately one-half mile east of Collier Boulevard (CR-951) in Section 3, Township 51 South, Range 26 East. (See illustration on following page) REQUESTED ACTION: To have the Collier County Planning Commission consider a proposed rezone of the subject 45.8-acre site from the "RSF-3" Residential Single Family Zoning District to "PUD" Planned Unit Development to be known as Henderson Creek PUD allowing 500 residential dwelling units of which 100 percent of the units will be for the affordable housing units. fAR I 2 2002 941992012975 02/22 '02 12:26 N0.924 02/02 Q GRADY MIN~R Z 0 Z !..-.- i:% UJ 0 Z 0 0 i ~4AR 1 2002.. PURPOSE/DESCRIPTION OF PROJECT: The proposed 45.8-acre Planned Unit Development (PUD) permits a mix of residential dwelling units that may include single-family, two-family, duplex, zero lot line, town homes and multi-family dwellings. The proposed residential area is designed around a lake, open space, and preserve areas. The residential area consists of approximately 10.34 acres while the lake area is 2.6 acres in size. The preserve and open areas comprise approximately 32.86-acres. If approved, the development plan xvill alloxv the following: · A maximurn of 500 dwelling units at a density of 10.9 units per acre. · Open space that includes water management areas, landscaping and buffering totaling the minimum required open space for residential PUD projects. · Access to the project is provided from US-41. SURROUNDING LAND USE AND ZONING: Existing Conditions: The subject site is undeveloped and is zoned RSF-3. Surrounding- North: East: South: \Vest: Tamiami Trail and undeveloped "A" Agricultural zoned land. The developed Graystone Trailer Park that is zoned "MH". Developed Mobile Home Park that is zoned "MH". Undeveloped lands that are zoned RSF-3. GROWTH MANAGEMENT PLAN CONSISTENCY: All of thc subject property is located within the Urban Mixed Use - Urban Coastal Fringe S~d~-dislric~ m~ thc Future Land Use Map {FLEE) to ~he (iro~vth Ma~agement Plaii (G* I P). A review of consistency relationships with elements of the GMP is as follows: Future Land Use Element - The purpose of this Sub-district is to provide transitional densities between the Couservation Areas and the Urban Designated Areas. Residential development in this District is based upon the County's density rating system, as contained in the Future Land Use Element (FLUE) of the Collier County Growth Management Plan (GMP). According to the density rating system, residential development on the Henderson Creek Property has a base density of 4 units per acre. The property is subject to a base density reduction of one (1) unit, because it is within the County's designated Traffic Congestion Area, However, because thc project is proposing affordable housing, it is eligible to receive a density bonus of 8 units per acre. The density determination is summarized as follows: Base Density Traffic Congestion Area Affc:dable Housin~ Bonus 4 du/a -1 du/a +8 du/a Total Eligible Density 11 du/a. MAR 1 2 2002 The applicant has contacted the County's SHIP Program regarding the provision of affordable residential units within the project. Since the proposed density of 10.9 units per acre is less than the permitted density the site is eligible to receive, the proposed petition is consistent with the FLUE of the GMP. Transportation Element - Staff has reviewed the applicant's Traffic Impact Statement (TIS), evaluated the potential transportation impacts of the proposed application and has the following comments. The site-generated trips are estimated to be approximately 3,131 Weekday Trips, 252 A.M. Peak Hour Trips, and 289 P.M. Peak Hour Trips. The project will have a significant impact on US 41 from the intersection of Collier Boulevard to the site entrance but the total trips will not adversely affect the roadway level of service. The project will not have significant impacts on the remainder of the roads within the radius of influence. The project trips will not lower the operational level of service standards on any of the roadways within the influence area where the project has impacts of significance (5% of the peak season, peak hour service volume). This includes US 41 and Collier Boulevard north and south of US 41. The projected traffic volume in 2003 for US-41 from Collier Boulevard to Rattlesnake- Hammock Road is estimated to be 43,500 AADT (Annual Average Daily Traffic) which includes a background growth of eight (8) percent of existing (36,730 AADT for 2001) and site traffic with a Level of Serx, ice "D" adopted standard service volume of 51,800 AADT; ~:br US 41 from Collier Boulevard to the site entrance is estimated to be 7,800 AADT including back~ound and site traffic with a Level of Service "D" adopted standard service volume of 9,400 AADT; for Collier Boulevard from US 41 to Manatee Road is estimated to be 41,650 AADT including backgn'ound and site traffic with a Level of Service "D" adopted standard service volume of 36,700; and lbr Collier Boulevard from US 41 to Rattlesnake Hammock an estimated volume of 32,750 AADT including background and site traffic with a Level of Service "D" adopted standard service volume of 33,100 AADT. While Collier Boulevard (SR 951) from US 41 to Manatee Road is projected to exceed the adopted level of service standard it is not a roadway se~mnent which is significantly impacted by the proposed application. HISTORIC/ARCHAEOLOGICAL IMPACT: Staft'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. 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. MAR 1 2 2002 EVALUATION FOR ENVIRONMENTAL, TRANSPORTATION & INFRASTRUCTURE: 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 Department. These reviews help shape the content of the PUD document and cause development commitments to be formulated to achieve GMP and LDC requirements. The Environmental Review Staff has recommended approval subject to the native vegetation requirement to be satisfied with areas of retained native vegetation and/or areas re-planted with native species shown on the PUD Master Plan. Since no wetland areas are impacted by development, this petition was not required to go to the Enviromnental Advisory Council (EAC). The Transportation Department has approved this petition as noted above. EVALUATION: 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 overview. The listed criteria are specifically noted in Section 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 used as the basis for a recommendation of approval or denial by the Planning Commission to the BCC. Each of the potential impacts or considerations identified during the staff review are listed under each of the criterion noted and are summarized by staff, cuh'ninating in a determination of compliance, non-compliance, or compliance with mitigation. These evaluations are completed as separate documents and are attached to the staff report. Appropriate evaluation of petitions for rezoning should establish a factual basis for supportive action by appointed and elected 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 (See Exhibit "A" and Exhibit "B"). 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. In addition, the Board of County Commissioners has reviewed similar rezone requests within this "Urban Coastal Fringe" designated area where there is an opportunity to approve residential uses when deemed appropriate. Notwithstanding the above, staff in reviewing the determinants for adequate findings to support a rezoning action advise as follows: The subject site is currently undeveloped and is zoned RSF-3. Based on staff's analysis, the proposed PUD project does not adversely impact any adopted level of service standard. 4 MAR 1 2 2002 Il . Relationship to Future Land Uses: A discussion of this relationship, as it applies specifically to Collier County's legal basis for land use planning, refers to the relationship of the proposed zoning action to the Future Land Use Element (FLUE) of the Growth Management Plan (GMP). In the case at hand, and based upon the Future Land Use Plan, we have an expectation that the land will be used and developed for those residential land uses authorized within the PUD. The proposed density is consistent with the Density Rating System since it allows for a density bonus with the approval of an Affordable Housing Agreement. After considering the availability of community infrastructure and services it is clear that the development of the subject property is timely and consistent with the F£UE to the GMP. Relationship to Existing Land Uses: A discussion of this relationship concerns the compatibility with the adjacent properties to the north, south, east, and west. The petitioner's stated intent is to primarily construct residential dwellings with a variety of styles including an affordable housing project. These residential units shall be developed with a unified architectural theme. The property to the south is the Holiday Manor development that allows for 312 mobile home lots. To the north is US-41 and undeveloped land that is zoned Agricultural. To the east across from Henderson Creek is thc developed Graystone Trailer Park. The development standards for the MH zoning district are similar to these proposed development standards and are generally consistent with the standards for cluster housing. Therefore, staff is of the opinion that the proposed amendment is compatible with the adjacent properties. Furthennore, the application of the PUD architectural theme requirements should remove any perception that there are any incompatibilities in dwelling types with adjacent land areas. Utility Infrastructure - The site is accessible to a public sanitary sewer and municipal water supply. STAFF RECOMMENDATION: Staff l'ecommends that the Collier County Planning Commission (CCPC) forward Petition Number: PUDZ-02-1978 to the Board of County Commissioners with a recommendation for approval subject to staff stipulations that have been incorporated into the PUD Document. 2002 PREPARED BY' &ELL~);~VS, CmEF PLANNER CURRENT PLANNING SECTION 2' 7_,6 · O Z.. DATE REVIEWED BY: SUSAN MURRAY, INTERIM DIRECTOR PLANNING SERVICES DEPARTMENT DATE APPROVED BY: JOSEPH K. SCHMITT ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. DATE Staff Report for March 7, 2002 CCPC meeting. COLLIER COUNTY PLANNING COMMISSION: KENNETH L. ABERNATHY, CHAIRMAN RVB/rb/STAFF REPORT/AR-1987 MAR ! 2 2002 FINDINGS FOR PUD PUDZ-02-AR-1978 Section 2.7.3.2.5 of the Collier County Land Development Code requires the Planning Commission to make a finding as to the PUD Master Plans' compliance with the following criteria: The suitability of the area for the t3'pe and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Intensifying land development patterns produces economics of scale relative to public utilities, facilities and services, which are currently available in this area of Collier County. Development of land that has legal access, and is adjacent to existing residential and nonresidential development is particularly suitable for an affordable housing project. Conversely, existing neighboring residents may perceive the proposed increase in building height as intensification near their neighborhood as contributing factors to increasing noise, blocking views and reducing property values. Jurisdictional reviews by County staff support the manner and pattern of development proposed for the subject property. Development conditions contained in the proposed Henderson Creek PUD document give assurance that all infrastructures will be developed and are consistent with County regulations. Any inadequacies that require supplementing the PUD document xvill be recommended to the BCC as conditions of approval by staff. Recommended mitigation measures will assure compliance with LOS relationships as prescribed by the GMP. 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. 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 (GMP). The subject petition has been found consistent with the goals, objectives and policies of the GMP. The subject PUD proposes for a mix of residential dwelling types, which is consistent with the GMP (See Staff report). A ~_..,~D A ITEM Exhibit"A" ~- [: ~ MAR 1 2 2002 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 subject PUD has been developed with a common architectural design and development standards. In addition, landscaping has been provided to buffer the adjacent residential and non-residential tracts. The PUD Master Plan has been designed to optimize internal land use relationship through the use of various forms of open space separation. The adequacy of usable open space areas in existence and as proposed to serve the development. 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 and private. The proposed PUD petition ',','ill not adversely impact the timing or sequence of development that is currently allowed under the existing RSF-3 zoning. Furthermore, the adopted concurrency requirements ensure that further LOS degradation is not allowed or the LOS deficiency is corrected. The ability of the subject property and of surrounding areas to accommodate exl~ansion. Ability, as applied in this context, implies supporting infrastructure such as xvastewater disposal system, potable water supplies, characteristics of the property relative to hazards, and capacity of roads, is supportive of conditions emanating from urban development. o 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 criterion essentially requires an evaluation of the extent to which development standards proposed for this PUD depart fi.om development standards that would be required for the most similar conventional zoning district. The development standards in this PUD are similar to those development standards for cluster housing. FINDINGS FOR PUDZ-02-AR-1978/RVB/rb 2 MAR I 2 2002 REZONE FINDINGS PETITION PUDZ-02-AR-1978 Section 2.7.2.5. of the Collier County Land Development Code requires that the report 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 & policies of the Future Land Use Map and the elements of the Growth Management Plan. Development Orders deemed consistent with all applicable elements of the Future land Use Element (FLUE) of the Growth Management Plan (GMP) should be considered a positive relationship. The proposed development is in compliance with FLUE of the GMP. 2. The existing land use pattern; The adjacent uses include a mobile home park to the east and south. There is undeveloped Agricultural land to the north (See Staff Report) ge The possible creation of an isolated district unrelated to adjacent and nearby districts; The parcel is of sufficient size that it will not result in an isolated district unrelated to adjacent and nearby districts. It is also consistent with expected land uses by virtue of its consistency with the FLUE of the Groxvth Management Plan. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. The proposed PUD district boundaries are logically draxvn and they are consistent with the FLUE of the GMP. The proposed amendment xvill not change these boundaries. Whether changed or changing conditions make the passage of the proposed amendment necessary. The proposed Henderson Creek PUD is appropriate based on the permitted land uses and compatibility with adjacent land uses. Furthermore, the subject PUD has a positive relationship to the GMP. EXHIBIT "B" AGENOAJTEM MAR 12 2002 Whether the proposed change will adversely influence living conditions in the neighborhood; The proposed development standards (i.e. setbacks) made a condition of approval will go a long way towards offsetting any potential adverse influences and will not adversely influence living conditions in the neighborhood. Furthermore, the conditions for approval have been promulgated and designed to ensure the least amount of adverse impact on adjacent and nearby developments. Recommended mitigation (increased setbacks) should serve to ameliorate impact on the nearby residential area. ge 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 other~vise affect public safety. Evaluation of this project took into account the requirement for consistency xvith Policy 5.1 of the Transportation Element of the GMP and was found consistent. In addition, this project when developed will not excessively increase traffic congestion. In the final analysis all rezone actions are subject to the Concurrency Management System. Whether the proposed change will create a drainage problem; The Land Development Code specifically addresses prerequisite development standards that are designed to reduce the risk of flooding on nearby properties. New development in and of itself is not supposed to increase flooding potential on adjacent property over and above what would occur xvithout development. However, as urban intensification in the absence of commensurate improvement to inter-county drainage appurtenances may increase the risk of flooding in areas when the drainage outfall condition is inadequate. In summary, 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 reviexved 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 apply generally and equally to all zoning districts concerning the need to provide the required open space. The subject development standards are designed to ensure that light penetration and circulation of air does not adversely affect adjacent areas. NAR 12 2002 10. 11. 12. 13. Whether the proposed change will adversely affect property values in the adjacent area; Typically urban intensification increases the value of contiguous underutilized land. However, this is a subjective determination 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 or amendment may or may not 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 rezone to PUD complies with the Growth Management Plan, xvhich is a public policy statement supporting zoning actions when they are consistent with said plans. 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 properW cannot be used in accordance with existing zoning; The subject property.can be developed in accordance xvith the existing zoning, however to do so xvould deny this petitioner of the opportunity to maximize the development potential of the site as made possible by its consistency relationship with the Growth Management Plan. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; The project is designed in a manner that is compatible xvith surrounding and approved PUD property in size and scale. It is also consistent with the Future Land Use Element of the Groxvth Management Plan. 3 MAR I 2 2002 15. 16. 17. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. There are many sites, which are zoned to accommodate the proposed 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. The extent of site alteration will be determined as a function of obtaining a Site Development Plan approval to execute the PUD's development strategy. 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 Coun%' Adequate Public Facilities Ordinance, as amended. A multi-disciplined team responsible for jurisdictional elements of the GMP has reviewed this petition and they have found it consistent xvith the GMP. The conditions of approval have been incorporated into the PUD document. Staff reviexvs for adequacy of public services and levels of service determined that required infrastructure meets with GMP established relationships. REZONE F1NDINGS/02-AR- 1978/RVB/rb 4 MAR 1 2 2002 APPLICATION FOR PUBLIC HEARING FOR: PUD REZONE Petition No.: Commission District: PUDZ-2002-AR-1978 Date Petition Received: PROJECT #2002010019 DATE: 1/29/02 Planner Assigned: __ RAY BELLO\VS ABOVE TO BE CON[PLETED BY STAFF General Information: Name of Applicant(s) Gateway Shoppes Associates~ LLC Applicant's Mailing Address Castle Kev Plaza~ 4525 East 82"d Street CiD' Indianapolis Applicant's Telephone # 317-849-6464 State Indiana Fax # 317-849-6584 Zip 46250 Name of Agent D. Wayne Arnold~ AICP Finn Q. Grad¥ Minor & Associates, P.A. Agent's Mailing Address 3800 Via Del Rev City Bonita Springs Agent's Telephone # 941-947-1144 Name of Agent Richard Yovanovich City Naples Agent's Telephone # 941-435-3535 APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - I0~)~ State Florida Fax # 941-947-0375 Zip 34134 Firm Goodlette~ Coleman and Johnson A~,ent s Mailing Address 4001 Tamiami Trail North~ Suite 300 State Florida Fax # 941-435-1218 PAt Zi~C~'J~...., blAR I 2 COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 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 sheets if necessary) Name of Homeowner Association: N/A Mailing Address State ~ Zip Name of Homeoxvner Association: Mailing Ad&ess City State ~ Zip Name of Homeowner Association: Mailing Ad&ess City State ~ Zip Name of Master Association: N/A Mailing Ad&ess City State ~ Zip Name of Civic Association: N/A Mailing Ad&ess City State .. Zip Disclosure of Interest Information: If the property is owned fee simple by an INDIVDUAL, 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 APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 10/98 Percentage of Ownership MAR 1 2 _?002 PAGE 2 OF 16 bo If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock oxvned by each. Name and Address. and Office Percentage of Stock Co 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 do If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited parmers. Name and Address Percentage of Ownership eo 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 Gateway Shopnes Associates, LLC Robert Warstler William Schrage APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 10/'98 Percentage of Ownership MAR 1 2 2002 PAGE 3 OF 16 Date of Contract: If any contingency clause or contract terms involve additional individuals or officers, if a corporation, parmership, or trust. parties, list Name and Address O Date subject property acquired ( ) leased ( ): Term of lease yrs./mos. If, Petitioner has option to buy, indicate date of option: and date option terminates: , or anticipated closing date October 2002. ho Should any changes of ownership or changes in contracts for purchase occur 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 propertw covered bv the application: (If space is inadequate, attach on separate page.) If request involves change to more than one zoning district, include separate legal description for property, involved in each district. Applicant shall submit four (4) copies of a recent survey (completed within the last six months,. maximum 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 may be required. Please see attached legal description and sketch. Section: 3 Township: 51S Range: 26E Lot: Block: Subdivision: Plat Book Page #: Property I.D.#: Metes & Bounds Description: Please see attached legal 4. Size of property: 1~800 ft. X ld00 fL = Total Sq. Ft. Acres 45.8 APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 10DS Address/general location of subiect orooertv: Approximatelv ~ mile east of Collier Boulevard~ located on the South Side of U.S. 41 (Tamiami Trail) East. no. c~ -~,~"~ ° I 2 2002 ,4 PAGE 4 OF 16 Adiacent zoning and land use: Zoning Land use N A Undeveloped S MH Holiday Manor Mobile Home Coop. E MH Grevstone Trailer Park W RSF-3 Undeveloped Does the owner of the subject property own property contiguous to the subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). Section: 3 Township: 51S Range: 26E Lot: Block: Subdivision: Plat Book Page #: Property I.D.#: Metes & Bounds Description: See attached legal description for parent parcel Rezone Request: This application is requesting a rezone fi.om the RSF-3 zoning district(s) to the PUD zoning district(s). Present Use of the Property: Undeveloped Proposed Use (or range of uses) of the property: Residential development~ including provision for affordable housing density bonus. o 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 :efere~ ~ sup~.rt of criteria noted below. Include any backup materials and documentation h request. APPLICATION FOR PUBLIC ItqEARING FOR PUD REZOI~FE - 10198 PAGE MAR 1 2 2002 Narrative Henderson Creek PUD PUD Rezone Considerations (LDC Section 2.7.3.2.5) affordable housing through policies 1.4 and 2.1, which contemplates ~ bonuses as an incentive to increase affordable housing and to provi& locations with adequate infi-astmcture. The proposed Henderson consistent with these policies. APPLICATION' FOR PUBLIC HEARING FOR PUD REZONE- 10/98. PAGE The suitabiliO' of the area for the Ope and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. The subject 45.8-acre site is located ~x4~n the ~b~ ~ea of Collier Co~ ~d is suitable for development ~ a residential co~m~. ~e prope~ is c~ently zoned for single-f~ily residential development ~d is proposed to be rezoned to PUD to pe~t a v~eW of housing ~t ~es in support of a m~m of 200 ~ts devoted to affordable housing. The site h~ direct access to U.S. 41 E~t ~d is located ~ ~ ~ea of~e Co~D' hav~g ~b~ se~ices such ~ water ~d sewer. O~er residenti~ co~ties have been developed ~ the i~ediate vic~ on sites having si~l~ physical ch~actefistics. ~e supplemental rezo~ng application matefifls include ~ ~ysis of ~c ~d utilities. No issues have been identified ~at would m~e ~e site ~suimble for ~e proposed development. Adequa~ of ~idence of un~ed control and suitabili~ of any proposed agreement, contrac6 or other instrumenB, or for amendmenB in those propose& pa~cularly ~ th~' may relate to arrangemenB or prov~ions to be made for the con~'nuing operation andjnaintenance of such are~ and facilities that are not to be provided or maintained at public ~ense. Findings and recommendations of th~ O~e shall be made only after consultation with the count' a~orn~. ~e entke prope~ is ~der ~e ~fied consol of Gateway Shoppes Associates, LLC. ~e P~ docment con,ns l~age reg~d~g ~e ~fied consol ~d ongo~g ma~ten~ce of co--on ~e~ ~d ~~c~e. Conformi~ of the proposed PUD with the goa~, objeca'ves and policies of the growth management plan. ~e prope~ is located ~ ~e Urb~ Co~ F~ge Dis~ct of ~e Co~'s Fu~e L~d Use Element of ~e Fu~e L~d Use Map. ~s Disffict pe~ts residentifl development b~ed on ~e densi~ rat~g system. Under ~e densi~ rat~g system, ~e project q~ifies for a b~e densi~ of ~ee dwell~g ~B per acre, pl~ ~ addition~ ei~t ~m per acre for ~ordable ho~g, for a to~ m~im~ de~i~ of eleven ~ts per acre. ~e proposed residentifl densiW is 10.9 dwell~g ~ per acre ~d is consistent ~ ~e Gro~ M~agement PI~. ~e Hous~g Element of ~e ~o~ M~agement PI~ promotes ~ ~cre~e ~ for~¢~~ Creek'~ ~s MAR 1 2 2002 The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering attd screening requirements. The Conceptual Master Plan indicates the proposed access location to U.S. 41 East, as well as the location of open spaces, buffers and residential development tract. The proposed buffers exceed that otherwise required where two residentially zoned or used properties abut. Further, the PUD document contains written development standards, which have established minimum building setbacks and maximum building heights for the proposed residential development. 5. The adequacy of usable open space areas in existence and as proposed to serve the development The proposed residential project will have a minimum of 60% of the project area as open space. The site currently consists of uplands, degraded wetlands and fallow farm field. Except that necessary for site access, no on-site vegetation is proposed to be disturbed. 6. The tinting or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. The subsequent development will be subject to review and approval under the Collier County adequate public facilities ordinance. A preliminary analysis of public facilities has identified no deficiencies with respect to water, sewer or roadway facilities. 7. The ability of the subject property and of surrounding areas to accommodate expansion. The subject property can accommodate up to 500 residential dwellings, which will be developed in phases. The site lies adjacent to approximately 29 undeveloped acres, which could accommodate additional residential development or future commercial development. APPLICATION FOR PUBLIC HEARUqG FOR PUD REZONE - 10/98 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.' MAR 1 2 2O02 PAGE 7 ~F16" The proposed PUD has incorporated development standards and commitments that meet the public purpose and fairly address the public health, safety and welfare standards. 10. 11. Deed Restrictions: The Count>,' 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 land use petitions on the subject property: To your knowledge, has a public hearing been held on this property within the last year? If so, what was the nature of that heating? Yes~ consideration of Growth Management Plan Amendment~ GMPA-2001- AR-1298. Additional Submittal requirements: In addition to this completed application, the follovd_ng shall be submitted in order for your application to be deemed sufficient, unless otherwise waived during the pre-application meeting. A copy of the pre-application meeting notes; If th_is rezone is being requested for a specific use, provide fifteen (15) copies of a 24" x 36" conceptual site plan [and one reduced 8V:" 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], c. An architectural rendering of any proposed structures. APPLICATION FOR PUBLIC HEARING FOR PUD REZONE- 10/98 PAGE 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, MAR 1 2 2002 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. x3'~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.). f. Statement of utility provisions (with all required attachments and sketches); A Traffic Impact Statement (TIS), unless waived at the pre-application meeting; A historical and archeological survey or waiver application if property is located x,~Sthin 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. APPLICATION FOR PUBLIC HEARIN'G FOR PUD REZONE - 10/'9.8, MAR 12 2002 PAGE 9 OF 16 TRAFFIC IMPACT STATEMENT (TIS)i A TIS is required unless waived at the pre-application meeting. The TIS required may be either a major or minor as determined at the pre-application meeting. Please note the following with regard to TIS submittals: MINOR TIS: Generally required for rezone requests for properD,' less than 10 acres in size. although based on the intensit?' or unique character of a petition, a major TIS may be required for petition often acres or less. MAJOR TIS:_Required for all other rezone requests. A minor TIS shall include the following: Trip Generation: (at build-out) 2. Trip Assignment: 3. Existing Traffic: Annual Average Daily Traffic Peak Hour (AADT) Peak Season Daily Traffic Peak Hour (PSDT) Within Radius of Development Influence (RDI) Within RDI AADT Volumes PSDT Volumes Level of Service (LOS) 4. Impact of the proposed use on affected major thoroughfares, including any anticipated changes in level of service (LOS). 5. Any proposed improvements (to the site or the ex-ternal right-of-way) such as providing or eliminating an ingress/egress point, or providing mm or decel lanes or other improvements. 6. Describe any proposal to mitigate the negative impacts on the transportation system. 7. For Rezones Only: State how this request is consistent with the applicable policies of the Traffic Circulation Element(TCE) of the Growth Management Plan (GIMP), including policies 1.3, 1.4, 4.4, 5.1,5.2, 7.2 and 7.3. A Major TIS shall address all of the items listed above (for a Minor TIS, and shall also include an analysis of the following: 1. Intersection Analysis 2. Background Traffic 3. Future Traffic Through Traffic Planned/Proposed Roadway Improvements Proposed Schedule (Phasing) of Development TRAFFIC IMPACT STATEMENT (TIS) STANDARDS.'. APPLICATION FOR PUBLIC HEAR&NG FOR PUD REZONE - 10/98. PAGE HAR 1 2 2002 10 OF 16 The following standards shall be used in preparing a TIS for submittal in conjunction with a conditional use or rezone petition: Trip Generation: Provide the total traffic generated by the project for each link w-ith/n the project's Radius of Development Influence (RDI) in conformance with the acceptable traffic engineering principles. Ihe rates published in the latest edition of the Institute of Transportation Engineers (ITE) Trip Generation Report shall be used unless documentation by the petitioner or the County justifies the use of alternative rates. Trip Assignment: Provide a map depicting the assignment to the network, of those trips generated by the proposed project. The assi~munent shall be made to all links ,Mthin the RDI. Both annual average and peak seasonal traffic should be depicted. 3. Existing Traffic: Provide a map depicting the current traffic conditions on all links within the RDI. The AADT, PSDT, and LOS shall be depicted for all links within the RDI. 4. Level of Service (LOS): The LOS of a roadway shall be expressed in terms of the applicable Collier County Generalized Daily Service Volumes as set forth in the TCE of the GMP. 5. Radius of Development Influence fRDI): The TIS shall cover the least of the following two areas~ a ) an area as set forth below; or, b ) the area in which traffic assigranents from the proposed project on the major thoroughfares exceeds one percent of the LOS "C". Land Use Distance Residential 5 Miles or as required by DRI Other (commercial, industrial, institutional, etc.) 0 - 49, 999 Sq. Ft. 2 Miles 50,000- 99, 999 Sq. Ft. 100,000 - 199, 999 Sq. Ft. 200,000 - 399, 999 Sq. Ft 400,000 & up 3 Miles 4 Miles 5 Miles 5 Miles In describing the RDI the TIS shall provide the measurement in road miles from the proposed project rather than a geometric radius. 6. Intersection Analysis.' An intersection analysis is required for all intersections within the RDI where the sum of the peak-hour critical lane volume is projected to exceed 1,200 Vehicles Per Hour (VPH). 7. Background Traffic: The effects of previously approved but undevelopeld or~.artially~ I~ developed projects which may affect major thoroughfares within the RDI ot[ the ,p:ropose Fo. vw ] I, AR 1 2 2002 APPLICATION FOR PUBLIC ItEARING 10. 11. project shall be provided. This information shall be depicted on a map or, alternatively, in a listing of those projects and their respective characteristics. Future Traffic: An estimate of the effects of traditional increases in traffic resulting from potential development shall be provided. Potential development is that which may be developed maximally under the effective Future Land Use Element (FLUE) and the Collier Count~, Land Development Code. This estimate shall be for the projected development areas ~,'ithin the projects RDI. A map or list of such lands with potential traffic impact calculations shall be provided. Through Traffic: At a minimum, increases in through traffic shall be addressed through ~he year 2015. The methodology used to derive the estimates shall be provided. It may be desirable to include any additional documentation and backup data to support the estimation as well. Planned/Proposed Roadway Improvements: All proposed or planned roadway improvements located within the RDI should be identified. A description of the funding commitments shall also be included. Proiect Phasing: When a project phasing schedule is dependent upon proposed roadway improvements, a phasing schedule may be included as part of the TIS. If the traffic impacts of a project are mitigated through a phasing schedule, such a phasing schedule may be made a condition of any approval. TIS FORM RVB/RJM 10/17/97 APPLICATION FOR PUBLIC HEARING FOR PUD REZON~ - 10/98 MAR 1 2 2002 PAGE 12 OF 16 STATEMENT OF UTILITY PROVISIONS FOR PUD REZONE REQUEST NAME OF APPLICANT: Gatewav Shoppes Associates. LLC 31AILING ADDRESS: Castle Kev Plaza. 4525 East 82°a Street City' Indianapolis State Indiana ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): Zip 46250 Section: 03 Lot: Plat Book LEGAL DESCRIPTION: Township: 51 Block: Page #: Range: 26 Subdivision: Property I.D.#: Metes & Bounds Description: Attached TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check applicable system): COUNTY UTILITY SYSTEM do CITY UTILITY SYSTEM FRANCHISED UTILITY SYSTEM PROVIDE NAME PACKAGE TREATMENT PLANT (GPD capacity) SEPTIC SYSTEM TYPE OF WATER SERVICE TO BE PROVIDED: a. COUNTY UTILITY SYSTEM CITY UTILITY SYSTEM c. FRANCHISED UTILITY SYSTEM PROVIDE NAME d. PRIVATE SYSTEM (WELL) TOTAL POPULATION TO BE SERVED: 500 Multi-family units APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 10/98 MAR 1 2 2002 o PEAK AND AVERAGE DAILY DEMANDS: A. WATER-PEAK 480 GPD/Unit AVERAGE DAILY 2209 PD/Unit B. SEWER-PEAK 480 GPD/Unit AVERAGE DAILY 2209 PD/Unit IF PROPOShNG TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED: January 2003. 10. NARRATIVE STATEMENT: Collier County Treatment Facilities are proposed. 11. COLLIER COUNTY UTILITY DEDICATION STATEMENT: The proposed facilities will be dedicated to Collier County Utilities in accordance with all applicable county' ordinances in effect at the time. All appropriate fees will be paid to the County Utilities Division prior to issuance of building permits. 12. STATEMENT OF AVAILABILITY CAPACITY FROM OTHER PROVIDERS: N/A Uti]lit? Provision Statement RJ.M 10/17797 APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 10/98 MAR I 2 200? PUD REZONE APPLICATION SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET! REQUIREMENTS # OF NOT i COPIES REQUIRED REQUIRED 1. Completed Application 15 ~¢ 2. Cop}' of Deed(s) and list identifying Owner(s) and all 1 Ct Partners if a Corporation 3. Completed Owner/Agent Affidavit, Notarized 1 ~ 4. Pre-application notes/minutes 15 4¢ 5. Conceptual Site Plans 15 ~' 6. Environmental Impact Statement- (ELS) 4 ~' 7. Aerial Photograph - (with habitat areas identified) 4 ~' 8. Completed Utility Provisions Statement. (with required 4 ~' attachments and sketches) 9. Traffic Impact Statement- (TIS) 4 ~/¢ 10. Historical & Archaeological Survey or Waiver 4 4t Application 11. Copies of State and/or Federal Permits 4 ~' 12. Architectural Rendering of Proposed Structure(s) 4 ~' 13. Application Fee and Data Conversion Fee Check shall - ~" be made payable to Collier County Board of Commissioners 14. Other Requirements - As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information m~ay_r~ult in the delay of processing this petition. c(~ , ~5~,..~. ~ January 7,20 Mt~ ! ? 2007 Agent/A~.~t Signature Date APPLICATION FOR PUBLIC HEARENG FOR PUD REZONE - 10/98. PUDZ-2002-AR-1978 PROJECT #2002010019 DATE: 1/29/02 RAY BELLOWS £ ED,4 / D{SC /P Y/ON PARCEL OF LAND LOC/FZC /,%' SECZFON ], ?O'WNSH/P 5I SOUTH, R/NOE 26 EAST. COLLIER COUNFK FLOR/D/. BE/NO /dORE PARTICULARLY DESCRIBED AS FOLLOWS: COt~}4ENCE AT THE SOUFHEAST CORNER OF SAID SEC170N ,3: THENCE RUN N 0075'22" E, ALONG THE EAST LINE OF SAID SECI70N J. FOR ~ D/STANCE OF t494.52 FEET TO A POINT ON THE SOUTHERLY RIGHT-CF-WAY LINE OF U.S. 41 fTAIglAIdl FRAIL). A 200 FOOT WOE RIGHT-OF-WA Y; THENCE RUN N 54'46'4,.,T' ~ ALONG SAID SOUTHERLY RIGHT-OF-WAY UNE. FOR ~ DISTANCE OF 966.30 FEET TO THE POINF OF BECINNINO OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE N 54'45'4J' W, ALONG SAID SOUFHERLY RIGHT-OF-WAY L/NE, FOR A D/STANCE OF 600.00 FEET: THENCE RUN S J57J?7' HI FOR A D/STANCE OF 400.00 FEES: THENCE RUN N 54'46'43' W FOR A D/STANCE OF 1644.85 FEET: THENCE RUN S 00~9,2J' HI FOR A D/STANCE OF 1584. ~4 FEET: THENCE RUN S Bg'50'J7" E FOR A D/STANCE OF 1802.45 FEET TO A POINT ON THE Y/ESFERL Y BOUNDARY L/NE OF THE 100 FOOT ~DE DRAINAGE EASE~tENE. RECORDED IN THE OFF7CIAL RECORDS BOOK 76 AT PAGE 127 OF 7HE PUBUC RECORDS OF COLLIER COUNTY, FLOR/DA, THE SA~4E BE/NO A POINT ON A CIRCULAR Cb'RYE CONCAVE TO THE NORTH',VESE. WHOSE RADIUS POINT BEARS N 60'28'42' W FOR A D/STANCE OF 2,799.9! FEET THEREFROM; THENCE RUN NORTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEF~, AND ALONG THE YYES[ERL Y BOUNDARY LINE OF THE !00 FOOT H4DE DRAINAGE EASE~VENT. HA~fNG A RADIUS OF 2,7~9.9! FEET. THROUGH A CENFRAL ANGLE OF 09'4~'47~, SUBFENDED BY A CHORD OF 473.29 FEET Al' A BEARING OF N 24'40'24' E, FOR AN ARC DISTANCE OF 473.84 FEET TO THE ENO OF SAID CURV~; THENCE RUN N !9'49'4]' E, FOR A D/STANCE OF 203. !0 FEET TO THE POINT OF BECJNN/NG OF THE P/RCEL OF LAND HEREIN DESCRIBED, CONTAINING 45.825 ACRES, MORE OR LESS. BEARINGS SHOY, N HEREON r?EFER TO THE EAST LINE OF SECDON 3, ?OWN~HIP 51 SOUTH, RANGE 26 EASE. COLLIER COUNTS. FLOR/DA. AS BEING N 0075'22 E. THIS PROPERLY IS SUBJECT TO EASEMENTS, RESERVATIONS AND/OR RESTRICTIONS OF RECORD. DA TE: ERIC V. SANDOVAL STATE OF fLOR/DA * NOT A SURVEY * D~ RY: gFS/'Pi¢i $~E?: I OF .~C.,END A I MAR 1 2 2002 LEGAL DESCRIPTION HENDERSON CREEK- RESIDENTIAL' SECTION TOrgSHZP 5t SOUTH. R. MICE £$ F.4ST I a. COLLIER COUNTY. FLORI~ HENDERSON CREEK 45.82.3 ACRES + POINT · S 8950'J7" E OF BEGINNING 1802. 45' CURVE BATA CURVt~ DELTA RADIUS LENGTH TANGENT C1 9'4-1'4-7" 2799.91' 473.84' 257.49' CHORD BEARING 473.29' N 2¢'40'24" E LIN E TABLE : LINE I BEARING LENGTH L1 N 19'49'43" E 203.10' L2 S 35'15'17" W 400.00' POINT OF COMMEN(:; .SO(,ITHEAST CORNER SEC~ION 5 MAR 12 200~,,, ,o * NOTA SURVEY * ~~ ~G~ . ~ S~ . p~ HENDERSON CREEK- ~SIDENTIAL ~ ~ BONITA SP~. F~ 34134 CO~ co~. ~ ~7~i~r~ or ~o~no~ ~ ~,~, ~: ,~/o, JOB CODE: SCPA IDRAFI~G t: B-2239{2) CONTRACT FOR PURCHASE OF REAL ESTATE_ 1Rob,err x,V~stie:, wkose address is c,'o Young and WazstIer, 4525 East $2'~' Stree:. ....... · ..,_x,. r~:7\o,a ~tg4 r'Purch~er ~,o~:e.>topurch~se from. the Mur4.el M. Smith TF~:, c/o Rodney E. Thrall. s, A.~'ida Rea. lb' Sen'ices, 4651 Tamiami lrati North, Suite 1 c,,,, Naples. Florida 34103.. Facsimile No. 941-263-0352 ("Vendor"), includi, ng _ ., ~ .:, be.~,t'irr, ino_ same, all improvemen:s located thereon, and a'.: :-.-.:-:-_ -..- e ........ ,--a,,¢ena:r,in~ thereto which arc owned by Vendor and 2 ar~ .., installed or wh,ck belon£ to or are used m corm¢ct~on there,.v~th, that cert,~tn r~a. es'..-2'.-'_ ofapproxirr ate.', eighr','-four (84) acres located in Collier County, Florid-~.- c.':"' · :' ' "A" atlach¢cl k;.:'eto and by reference made a part hereof' (it being understood that a final legal description for :ame s~,aJl be Dart of'the "Survey" as defined in paragraph 2.1 hereof) (the "Real Estate"), to ~e conveyed by a $'~atutory ',,Varran~' Deed approved by Purchaser (the .... ~"' to the follo'.~n~ terms and condifioms: : Purcha~ Price. The purchase price for the Rea! E?:-.' ' '"'~ shaJ[ be.. - ....... - takes r,:-ce vAthin one (1)yea,- from the "Acceptance Date" as hereinafter defined, but if - · iod ~ P -k~.-.'-'~-'--' ....... closinu toes not take place wtthm such one ([) year per .. e ur~ . 1.1 Payment on Closing. On closing this transaction, Purchaser shall pay :'xe Purchase Price, less the credits and proranons as her .... r ......... beck drawn on a bank with offices in Naples, Florida or by bank wire transfer of · _-cteral funds to arrive prior to 2:00 p.m. on the date of.clos:,ng. !.2 Default and Remedies. Purchaser shall h~we the rig:..: .- ..... crt'orn::.:,cc, but it'specific pcrforn:ancc is not available, Purch:'.ser ~ any end all damages sustained. The real e~rate ~.az,:-tz ~::: ". ) paragraph 3 hereof, and any amounts paid by Purchaser for any Extension Period. .ursuant to paragraph 7 hereof, shaft be forfeited as liquidated damages, which shall :e Vendor's sole remedy at law or in equity, in the event that all coc,,iifi,~z.s a:.- cquirements of this Contract have been satisfied, or waived by Purcha,e,: .,urchaser shall fail or re2rse to perform its obligations herein Specified at closing. 1.3 Acccvtance Date. 'i'he dn~e on which the last otPurchaser anc~ .o sign :k: offer containing all changes is hereinafter referred to as the "Acceptance )ate". .. ' ' on the saustactmn o~ each oI n- -?."- .... ....... ,,el a, condmoned up , ' ' vc resgeci~' y, ~ .......... --- .... , n---r, aser sna~l ha ~a.-xer.;:~hs 2.1 £-.rough 2.7, respectively, nerearier uae conmuons j. hr.; h~:tdred forty-five (.545) days following the Acceptance Date (the "1 pc:loCi' ) to conduct such inspections, tests and studies as Purchaser shat[ PUDZ-2002-AR-1978 PROJECT #2002010019 DATE: 1/29/02 RAY BELLOWS determine whether the Rea! Estate is suitable for Purchaser's intended use. Fu.-'~:-: .- . prior to the expiration of the Due Diligence Period (which may be terminated by p~u.-chaser · .'-~ ,--ri-.- -"':' " - ' ir, v,'ritin! a'. an;,' lima), r.o~i ~' Vendor in writinl cf.:he saurian,., .... In 'fac even~. Purchaser fails to noti~' 'Vendor of the ~a.'.isfa:tic:. Of c~.:h of C.,,.e Conc~t:on~ prior to the ex,-:-,'ton or thc Due Diligence Period, this Contract shal! be deemed to be terminated and si:all be of no fur~er force and effect, lne Condkic'r.-~ z:~. ~ .-. Su,-wev and Eneineerine Studies. Within nin:,w. (`90) &-.)': ........... Acceptance Date, Purchaser, at Purchaser's expense, shall ch:::.-.: :':'-' · " of'the Real survey o,,; e, the Minimum Standards ALTA (the "Surve.'. ) prepared by a registered land surveyor acceptable ~o Purchaser c:n .... current date to both Purchaser and Vendor, showing the Iocat;.c.-. --f::' e :.~ - - ' rights-of-way located l. her¢on m~d showin~ all utilities and }: :}!d:x.'_: ?"-"-" ' T~e legal description of the Real Estate shown on the Sur¥:y description'used in the Deed. The Survey shall cer'.tS' tk:t "-; 7' '" in 7.ones B or C or X as established by the Federal Emerge. n,~ - ..... .~ National Flood Insurance Program. One-half (V-.) of the cost of the Su:wey s~all c4-editcd against the Purchase Price at closing. Within thi?..' z~.r~ .~ .... " .... A'cceotance Date, Vendor shall furnish Purchaser, without any exp'%'nse to ~Purcr, aser, ~, c,; ,,' c, studies, · ' title matters, C0D.,,S with iD of documents concerning all tooo~.ra;hical and wetlands studies, and all other inspections, soil tests, which ha',~- · :- ::7 %.".~S ' been obtained by Vendor prior ta the Accepta,nc~ Date, and Pu:.~-?.a-ser, a: '" ' e expense, shall obtain such further engineering studies, topographical and wetlands studies, and such inspections and soil tests as Purchaser shall deem desirable "Engineering Studies") concerning the Real Estate, all ofthe results :i . ...... .. be satisfactory to Purchaser. Purchaser, at no expense to Vendor, sl-.:l' ;' Vendor with copies of any survey% tests or studies ordered by Purci:zser v.s they are received by Purchaser. v o Tiffs and Eased.neats. Within nine;..',' (,90) days from the Acceptance Date, ?ttrchaser, at Purchaer's expense, shall obtain a binder for v.,-, . policy oftitle insurance (the "Title Binder") issued by a title company . '-"" Purchaser ("Title Company") in which Title Comps, ny sh,,ll agree. :: marketable title to the Real Estate (im:luding any appurter-~'-'': a27e.-7.~z.".~: -:': for the full utilization thereo0, free and cle~ of all liens anS. er'.cu.m::-' :.--: nature whatsoever for the full amount of the Purchase Price, after execution of Deed to Purchaser fram Vendor. In the event there a.': '-!'-.-' '- ' .... which would interfere with Purch~er's contemplated use of the Rezt '-~-'-':~- remit and/or apartment and/or assisted living development, Vendor, at Vendor's or, don, shall have a period of lhin"y (.30) days from the date of being so informed by p'urchaser to remove same. If Vendor does not remove same, pureh,-s:r .':v.?.y at Purchaser's expense, m' Purchaser in the aI:emative ma}' terminate this Con~ract. 2.3 _Contracts: Affidavit_s. Vendor represents and warrants tv,,7,; .:.::; - - J no (a ) contracts in force conceming the Real Es:ate ° ~ ;t~... MAR terms and conditions of which Vendor is bo'~",g ".-: "Contracts"), amd (b) delinquent real and personal properO' taxes concc:F-:,g ........ ~st~*.e. ~'F~'~''' - ~ ~ ,.,. ~. " ;~ anchor ~ys~st~d liv~nz to de~*~-,* to the satisfaction of Purchasar that th~ Purch~*rs contemplated use as a r~tail ancot apa~menl develo?m~nt ~d that financing and other condkions satisfac:cU' to Pt:;" .. or ar~ ~avorable so as to make such use feasible in Purchaser's sole 2.5 Zoning. Pe~ and Developm~n~ A~..~ Purch~effs exp~ns~, but with the full cooperation of Vendc:, ~:t:.. zoning, planing pe~its (including, but not limited to, Water MaTt t .... and A~y Co~s of Engineers p~its), signage, pl~ ~ .... "' -- us~, w~dands mitigation plans, access, curb cuts ~d other gove~ental app~ova!s in fo~ satisfacto~ to Purchaser and evid~nc~ safisfactoD' to Purchase~ of availah~liW an4 cost of all ut~lities and proposed road work and im~ove:;.~-:~ adjoining streets (including the timing of said improvements), which Purchaser deems ncc~ssa~' or appropdat~ for Purchas~ds contemplated use of ~e Real Estate as a retail and/or apartment an4;o~ ~s~sted living d~vdopmt?' .'-~t "7 *-:- ~ and Dewlopm~nt Approvals"). 2.6 Enviro~ental Inspection. Purchaser sy. ar. -'-" expense, an enviro~ntal ~specfion repo~ as to thc RtaI E~t~t~ ~n subs:amce and from an ~ngin~fing fim~ acceptable to Purchaser in ~m sole 3. Taxc~ ~nd Assessments. ~u~ch~ser ~sumcs and a?ees ~o ~y tmxes payable during the Due Diligence Period commencing with the real estate taxes assessed for the year 2000 payable no later than March 31,200l. Vende~':'- ..... ~ ..... rem estate taxes for the tax year 1999 do not exceed Tweaty-six Thousand an~ ~:~ ,~. Dollars (,$26,000.00) per year. All real estate taxes paid by Purchaser purs:.zn,. - '- be credited against the Purchase Price at closing. In the event ciosin~ ?.k~s, ,: 1o the te~s hereof, Purchaser assumes and agrees to pay ali: :z~ ' ~e Due Diligence Period. Purchaser assumes ~d agrees to pay all assessment~ improvements ~ to the Real Estate becoming a lien a~er the date of cles[~ ~sessments for improvements not ~sumed by Purchaser and which are not aac a:,a at the time ofclosing shall be allowed to Purchaser ~ a credit on the cash payment required on closing. The provisions of this paragraph shall su~ive closing. 4. Rents. Insurance and Ris~s of Loss. Rents, iffy, sh,.ll b~ prorated at closing. Insurance shall be cancelled as of ~e date of closing. Vendor sb.a![ bear risk of loss until closing. 5. Damage and Condemnatio_B. If at any time P, eal Estate shall be damaged or destroyed, lb) the Real E 3 after the Acceptance Date (a) the MAR ! 2 2002 or in part, or (c) any notice of condemnation shall be given, then Purchaser, at its sole optio, n, may terminate this Contract or proceed with closing. If Purchase: ;'.:-::-" ' ' .' closing, then Purchaser may (a) apply the ::roceeds of any condemna.:icn award or insurance --"-" to r"'~' ,~-~ p,,~,'ho~'' Price, or Co',') accede .~.n as~i~,nrT',ent of such ~roceeds. p.,,.,. I~2 6. ~ntrv. Purchaser shall have the right to pe,'w..i:: -:-. :. :--. · _ soil testing companies and other agents to enter upon the Real Estate for the purpose of obtaining su~'eys, soil tests, inspection reports and other informz:;-- '" '-'" exclusion of all others, except for li~ting brokers, may place leasinl · ofthe R eal Estate after the Acceptance Date- Purchasershal!rest°ret"",:'?'~'' : ' or'llO~ · P ...... · v foreoolnc~ eats, a-~d s = , , o~ any to its original conattton ~fany damage ~s caused by an. = liens arising because of any foregoing entry by transferring the '=-".':'.~- ...... surep,y bond pursuant to Florida statutes. The same shall be done within fifteen il 5) days from the date that Purchaser receives notice of the filing of any lien. 7. ~Closin~ and possession. 7.1 Closin..q. If this'offer is accepted as herein provided, the ..... at a place acceptable to the parties in Collier County, Florida within five hun,xfeR z:,c.~-,.- davs from the Acceptance Date; provided, however, that if Purchaser i",~s not obtained all of' th~ '. o ermitsandDevelopmentApprovalspriortothedatewhichisfive"":::':l:':'l-':" · Zomn_-, P .. ...... ,,,, ~, ate Vendor a~rees to extend the Due Diligence Period for six (6) days follov*'m~ the A,-,-~r .... c_ D , ... ddition ' ds of Iht 30 days each (each an "Extension Period"), one Extension Period at a a al pond rty .( ) ......... ~-.,__ ..,__:_~ ~,__~,~ .,.,.~ timc, in order to allow Purchaser Ixtrther time lo oD[aIR all Oltrt~ ~uam_-., *-:'- ........ [- -. ......... r> royals, whereupon Purchaser shall deposit with Vendor on or before the cad of:.-,:: .... '....'-- A.~ five 5~-5 day period following the Acceptance Date or any applicable Extension Period fort'y- ( · ) exercised hereunder Two Thousand Five Hundred and 00/100 Dollars ($2:57~- ?~-' -"'- '.. ' ' ' Extension Periods. The paymeats made pursuant to this paragraph 7,. 1 shall not 'ce :_~!".::-':?-.~ shall be credited against the Purchase Price at closing. Except for back-up purchase-s.:.: .: - which are subordinate in all respects to this Contract, Vendor shall not ~-.~-2. °'7 ~ ............. ' agreements, approvals or consents whatsoever concerning the Real Es:a:: ' following the Acceptance Date to the time ofclosing except upon the written approv~l of Purchaser. At the date o~'closing, Vendor shall execute and deliver the Deed in recordab!c form conveying, the Real Estate and improvements constituting a part thereof in the same condition as.they now are, ordinary wear and tear excepted, a Vendor's Affidavit in the form required by Title Company, a non-foreign affidavit pursuant to Section 1445 of the Internal Revenue Code, an__d any other instrument as reasonably required or requested by Purchaser or Title C- "7 :- stamps on thc Deed wilt be paid for by Vendor. Purchaser will pay the cost of'recording me and Vendor will pay the costs of recording any necessary corrective title documents required by Title Company. 7.2 Possession. Complete possession of the Real E~tate shall be delivered 4 to Purchaser at time of closing. AG~A I'IE~ MAR 1 2 2002 ]J determine whether tlr,-.. Rea! Estate is suitable for Purchaser's intended use. Fur-. ..... prior to the ex:~i:ztiev, oft.he Due Diligence Period (which may be terminated by Purchaser in writing at any time), r, od~' Vendor in writm~ ortho satisfaction "~"~ o fti'*,e Conditions. prior to th: ex.citation of the Due D[ligence period, this Contract slnal: be decm:c, terminated and shall be of no further force and effect. The Conditions are a: f'~ ...... ? I Su~'ev -,~d =noineerin~- Studies. Within nineg' (90) da~ys .~,:.-... 2.~. ~,.trveY re.erin= ~ shov,'ing the location of all easements and prepared by a registered land surveyor acce?~able to purchaser ce,~ified as current date to both Purchaser andVendor, · · .- rights-of-waY located thereon and showing all utilities and buildin£ ::-:: ....... The legal description of the Real Estate shown on the Suv,'ey shall be the legal description used in the Deed. The Survey shall ceftin' that the Real Estate is located in zones B or C orX as established by the Federal Emerge.'.-" National Flco~ Insurance Program.. One-half(Y:) of the cos: ~:' :c,~ ....... - ..... from the c4edited ag~-init the Purchase Price at closing. Within thirq,.' (30) days with copies of documents concerning all title matters, soittests, whichha'~ to:oeraphical and wetlands studies, and al.! other inspections, ~ by Vendor prior to the Acceptanc~ Date, and Pu:~?.?' b~en obtained expense, shall obtain such further engineering studies, tope3::7:eli .... studies, and such inspections and soil tests as Purchaser shall deem desirable (the "Engineering Studies") concerning the Real Est.--to, alt or'the re-~u~':- -["'~':-'- ..... be satisfactory to Purchaser. PurchaSer, at no expense to Vendor, s,:~,, .- ...... Vendor with copies of any su,-weys, tests or studies ordered by ?urcha~er :.- '".:~ .... received by purchaser. 2.2 _T. itle and Easements_. Within ninety (90) days from tt~.e Acceptance Date, purchaser, at Purchaser's expense, shall obtain a binder for m~ ALTA owner's policy of title insurance: (the "Title Binder") issued by a title company Purchaser ("Title Company") in which Title Company shall agree, to insure marketable title to the Real Estate (including any appurtenant easements necessary for the full utilization thereof), free and clear of all liens ~-: e----:'--"" ..... : ' ~'':-' nature whatsoever for the full amount of the Purchase Price: after ~x~c ............ Deed to Purchaser from Vendor. In the event there arc liens and encumbranCeS which would interfere with Purchaser's contemplated use ,:[ the -'"-:-'- -" retail ariel/or apartment and/or assisted li,,'ing development Vendor, at Vendor's oution, shall have a period of thirty (30) days from the date o[ being so informed by P'urchaser to remove same. If Vendor does not remove sa.'r..: at Purchaser's expense, or Purchaser in the alternative may ~crmtn~.,~- ..... 2.3 Contracts: Affidavits. Vendor re~resents and wa.,'r?'? ,.,, ~ in force concerning the Real Esta[ or ~X~.li~ 2 MAR 1 2 2002 8. Broker.s.. Vendor and Purchaser each represent and they have not ~ealt with any real estate brokers or other perso.''-'-~ ':'? ' " claim for corr,.rnission or fee arising out cf this transaction, exc:.r.: :' ....... . - A. rvida Rea~-D' Sen'ices, v,'ho shall bc paid by Vendor ("Broker"). 9. Vendor Reoresentations and Warrant[~' V e ado r rep:ese.'-.ts ann ',~ o--, =-~ as of the Acceptance Date' A. (i) To Vendor's best knowledge, the Reai Estate is nc,: :.: n:-.'.:~ ..... surface or subsurface with any hazardous substance, hazardous waste, pollutant or contaminant (as defined by any fed-~:z!, "'"'~ "" environmental la, v, ordinance, rule or regulation); (ii) Vendor has no[ caused, will not cause, and Bas never caused, the release of any h~zardous suh?_nce, hazardo,s waste, pollutant or contaminant on the ¢~"' r:--. "::' -- Vendor's best -knowledge, the Real Estate is nc.: -' .:':~: or local "superfund" or other environmental lien, proceeding, claim, liab~hry or action or the threat or likelihood thereof, for the clean-up, removal or remediaxion of an5" hazardous substance, hazardous waste, pollutant o~ contaminant from the Real Estate; (ix') to Vendor's best knowledge, there is no asbestos on the Real Estate; (v) to Vendor's best lc. no,.vled?- "..':.~:-~ is underground storage tank on the Real Est-'t;' knowledge, the Real Estate has not been used to dispose or an), :.-'- substances, hazardous wastes, toxic substances, pollutants or contaminants of any kind; (vii) to Vendor's best knowledge, t?,e 7.'.~.-'. 5. · violation of any local, state or federal law, code, or~.na dealing with human health or the environment; (,,'ii[) tc \'~.'.3-.'! 2.--. knowledge, the Real Estate has never been used fo.'- :k~ ....... has been no surface or subsurface contamination due to, the goner-- .... , storaee, disposal or trca:men", of an'.' hazardous waste (as defined by any federal, state o~ local cnvkom'nental law, ordinance, rule or r*~u in connection with the ownership or usc of' the Real Estate, Vendor has no · ,. oe of any oresent or vast failure by Vendor or any c, th~." 7 :'"~-'-' ': .kno .-ded~i--t~n ~;d,,ral' state'or local envirom-'n, en'~' .. rules or regulations adopted pursuant thereto; ,:.:, ::. '-: .... -knowledge, by acquiring the Real Estate, Purch~er v,5. ll not incur or be subjected to any "superfund"' liability, for the clean-up, removal remediation of any hazardous substance, pollutant or contaminant t'rom Real Estate or any liability., cost or expense for the r~moval of asbestos underground storage tanks from the Real Estate. B. There is no litigation or claims pending or threatened against Vendor would adversely affect the Real Estate or the rights of Purchaser hereunder. MAR 1 2 2002 F T-2S? P.~3~$ F-224 16. Miscellaneous_. This document including all attachmen:z r~--~ ~? ---;': -'. agreements and understandings of the parties to this Contract with respect to me suo, ect mat~er hereof. Whenever used herein, the singular shall indicate the p,----.. - -. include the singulaz, the plural and singular and amy gender shall include all genders a'nd the neuter. Captions to the provisions of this Contract are intended and used solely for purposes of idcntification and do not lknit or enlarge upon the w-ritt~n pro 17. S__urvival. All provisions of this Contract shall sutwive closing and deliv~ry of the Deed. 18. Duration of Offe_r. This offer shall exptr¢ if written acc~epta~ ce~.c.%e,>-d hereon is not d~livered to Purchaser on or before 5:00 o'clock P.?/-.. 2000. DARED: _, 000 Robert B. Warstler 7 MAR 1 2 2002 ASSIGN~MENT Robert B. Warstler ("Purchaser") under that certain Contract for Purchas.~ - "7.. (the "Contract") with Robert E. Smith and Gary L. Smith, individually and as ::.-~.::'-~-' ' ' ~'''' , Clifford Smith Trust and the Muriel M. Smith Trust ("Vendor") dated A,~g.::: 2, 2 ~ ...... Purchaser and August 3, 2000 as to Vendor, hereby assigns all ofkis right, title and interest in and to the Contract to Gateway Shoppes Associates, LLC. Dated:. _, 2001 Robert B. Warstler ORDINANCE NO. 02- AN O~DINANCE AMENDING OKDINANCE NUMBER 91-102 THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AR. EA OF COLLIER COUNTY, FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED 1603S; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "RSF-3" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS HENDERSON CREEK PUD LOCATED ON U.S. 41 EAST, APPROXIMATELY ONE-HALF MILE EAST OF COLLIER BOULEVARD (S.R.#951), IN SECTION 03, TOWNSHI? 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 45.8+ ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, D. Wayne Arnold, AICP, of Q. Grady Minor and Associates, P.A., representing Gateway Shoppes Associates, LLC, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida, that: SECTION ONE: The zoning classification of the herein described real property located in Section 03, Township 51 South, Range 26 East, Collier County, Florida, is changed from "RSF-3" to "PUD" Planned Unit Development in accordance with the Henderson Creek PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Map Number 1603S, 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, CHAIPdMAN Approved as to Form and Legal Sufficiency Matjorie M. Student Assistant County Attorney PUDZ-2002-AR- 197 B/KB/lo MAR 1 2 2002 Henderson Creek A PLANNED UNIT DEVELOPMENT 45.8+ .Acres Located in Section 3, Township 51 South, Range 26 East, Collier County, Florida PREPARED FOR: Sckrage Development Corporation PREPARED BY: D. Wayne Arnold, AICP Q. Grady Minor & Associates 3800 Via Del Rey Bonita Springs, Florida 34134 And Richard D. Yovanovich Goodlette, Coleman & Johnson 4001 Tamiami Trail North, Suite 300 Naples, F1 34103 EXHIBIT "A" MAR 1 2 2002 ii TABLE OF CONTENTS PAGE STATEMENT OF COMPLIANCE AND SHORT TITLE SECTION I SECTION II SECTION KI SECTION IV SECTION V EXHIBIT A LEGAL DESCRIPTION, PROPERTY OWNERSHIP, & GENERAL DESCRIPTION PROJECT DEVELOPMENT RESIDENTIAL PRESERVE / OPEN SPACE GENERAL DEVELOPMENT COMMITMENTS PUD MASTER PLAN iii 1-1 2-1 3-1 4-1 5-1 111 STATEMENT OF COMPLIANCE The purpose of this section is to express the intent of Schrage Development Corporation, hereinafter referred to the Developer, to create a Planned Unit Development (PUD) on 45+ acres of land located in Section 3, Township 51 South, Range 26 East, Collier County, Florida. The name of this Planned Unit Development shall be Henderson Creek. The development of Henderson Creek will be in compliance xvith the plarming goals and objectives of Collier County as set forth in the Growth Management Plan. The development will be consistent with the growth policies and land development regulations adopted thereunder of the Growth Management Plan Future Land Use Element and other applicable regulations for the following reasons: The subject property is within the Urban Coastal Fringe District as identified on the Future Land Use Map of the Furore Land Use Element (FLUE). The purpose of the Urban Coastal Fringe District is to provide for a variety of residential and mixed-use developments such as Planned Unit Developments. The proposed residential density of Henderson Creek is 10.9 dwelling units per acre and is consistent with the maximum density permitted by the FLUE Density Rating System and is therefore consistent with FLUE Policy 5.1. The entire subject property qualifies for a base density of three (3) units per acre. Tlwough the affordable housing density bonus provisions of the plan, eight (8)dwelling units per acre n'my be added to the base density. Base Density Affordable Housing Density Bonus N laximum Permitted Density Requested Density 3 dwelling units/acre 8 dwelling units/acre 11 dwelling units/acre 10.9 dwelling units/acre = 500 units Henderson Creek PUD is compatible with and complementatT to existing and future surrounding land uses as required in Policy 5.4 of the FLUE. "Prior to issuance of any development orders for this PUD, an amendment to this PUD shall be filed with the County, and subject to approval by the County, that modifies this PUD so as to comply with all applicable requirements and limitations contained in Comprehensive Plan amendment petition CP-2001-4, establishing the Henderson Creek Mixed Use Subdistrict in the Future Land Use Element. Such amendments might include addition of the +/- 40 acres adjacent to the west; provision for a loop road, open to the public, connecting US- 41 to SR-951; vehicular and pedestrian interconnection with adjacent properties to the north and west." Improvements are planned to be in compliance with applicable land development regulations as set forth in Objective 3 of the FLUE. The development of Henderson Creek PUD will result in an efficient extension of community facilities and se~'ices as required in Policy 3.1. of and - lie ,~ i iv Henderson Creek PUD is a Master Planned residential community, and is planned to encourage ingenuity, innovation and imagination as set forth in the Collier County Land Development Code (LDC) Planned Unit Development District. Henderson Creek PUD is planned to incorporate natural systems for water management in accordance with their natural fi~nctions and capabilities as may be required by Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. All final local development orders for this project are subject to the Collier County Adequate Public Facilities Ordinance, Division 3.15 of the Land Development Code. MAR 1 2 2002 SHORT TITLE This ordinance shall be known and cited as the "HENDERSON CREEK PLANNED UNIT DEVELOPMENT ORDINANCE". MAR ! 2 2002 1-1 SECTION I LEGAL DESCRIPTION, PROPERTY OWNERSHIP, AND GENERAL DESCRIPTION 1.1 PURPOSE 1.2 1.3 The purpose of this section is to set forth the legal description and ownership of Henderson Creek PUD, and to describe the existing condition of the property proposed to be developed. LEGAL DESCRIPTION A parcel of land located in Section 3, To~amship 51 South, Rang 25 East, Collier County, Florida being more particularly described as follows: Commence at the Southeast comer of said Section 3; thence run N 00°15'22'' E, along the East line of said Section 3, for a distance of 1494.62 feet to a point on the Southerly right- of-way line of U.S. 41 (Tamiami Trail), a 200 foot xvide right-of-way; thence nm N 54°46'43" W, along said Southerly right-of-way line, for a distance of 966.30 feet to the point of beginning of the parcel of land herein described; thence continue N 54°46'43"W, along said Southerly right-of-way line, for a distance of 600 feet; thence nm S 35° 13' 17" W for a distance of 400.00 feet; thence run N 54°46'43" W for a distance of 1644.85 feet; thence nm S 00°09'23" W for a distance of 1584.14 feet; thence nm S 89°50'37" E for a distance of 1802.45feet to a point on the xvesterly boundary line of the 100 foot wide drainage easement, recorded in the official records book 76 at page 127 of the Public Records of Collier County, Florida, the same being a point on a circular curve concave to the Northxvest, whose radius point bears N 60°28'42" W for a distance of 2799.91 feet therefrom; thence run Northeasterly along the arc of said curve to the left, and along the Westerly boundary line of the 100 foot xvide drainage easement, having a radius of 2799.91 feet, through a central angle of 09°41 '47", subtended by a chord of 473.29 feet at a bearing of N 24°40'24" E, for an arc distance of 473.84 feet to the end of said curve; thence nm N 19°49'43" E, for a distance of 203.10 feet to the point of beginning of the parcel of land herein described, containing 45.823 acres, more of less. GENERAL DESCRIPTION OF PROPERTY Bo The zoning classification of the subject property at the time of PUT RSF-3. The project site is located in Section 3, Township 51 South, Range 26 East. The site is generally bordered on the west by S.R. 951 and Eagle Creek PUD; on the undeveloped C-4 property; on the east by Henderson Creek; and on the south by Holiday Manor Mobile Home Park, zoned MH. app ~a~r~-- MAR 1 2 2002 1-2 1.4 Do Eo Elevations within the site are approximately 3.5' to 4.5' above MSL. Per FEMA Finn Map Panel No. 120067 605 E and 615E, dated August 3, 1992, the Henderson Creek property is located within AlE 7 of the FEMA flood insurance rate map. A majority of the site has been altered through past and current agricultural uses; however, a portion of the site does contain jurisdictional wetlands. The soil types on the site generally include Fort Drum and Malabar fine sand and Holopaw fine sand. This information was derived from the Soil Survey of Collier County, Florida. Fo The project site is located within the Collier County Water Management District Henderson Creek Watershed. PERMITTED VARIATIONS OF DWELLING UNITS A maximum of 500 dwelling units are permitted within the Henderson Creek PUD. This maximum of 500 dwellings may include single-family, txvo-family, duplex, zero lot line, patio, townhome and multi-family dwelling unit types. A minimum of 200 dwelling units shall be constructed as affordable housing units within the PUD. 1.5 DENSITY Acreage of Henderson Creek is approximately 45.8+ acres and the number of dwelling units authorized to be built pursuant to this PUD is a maximum of 500, through use of the affordable housing density bonus. The gross project density, therefore, will be a maximum of 10.9 units per acre. At all times, all property included within Henderson Creek as described in Section 1.2 shall be included in deterrnining project density, including lands reserved for road right-of-way. MAR 1 2 ~002 2-1 SECTION II PROJECT DEVELOPMENT 2.1 2.2 2.3 PURPOSE The purpose of ti,is Section is to generally describe the plan of development for Henderson Creek, and to identify relationships to applicable County ordinances, policies, and procedures. GENERAL DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES Henderson Creek will be developed as a residential community, which may feature a full array of residential dwelling types, and a recreation center, providing for actMties such as community gatherings, recreational amenities, and personal services, central to community residents. The Conceptual Master Plan is illustrated graphically on Exhibit "A". A Land Use Summary indicating approximate land use acreages is shown on the plan. The master plan is conceptual, and the location, size, and configuration of individual recreational area, and water management features, tracts development and shall be determined at the time of Final Site Development Plan and/or Preliminary Subdivision Plat approval with minor adjustments at the time of Final Plat approval, in accordance with Section 3.2.7 and 3.3 of the LDC. COMPLIANCE XVITH COUNTY ORDINANCES mo Regulations for development of Henderson Creek shall be in accordance xvith the contents of this PUD Ordinance and applicable sections of the LDC (to the extent they are not inconsistent xvith this PUD Ordinance) and the Growth Management Plan which are in effect at the time of issuance of any development order to which said regulations relate which authorize the construction of improvements, such as but not limited to Final Subdivision Plat, Final Site Development Plan, Excavation Permit and Preliminary Work Authorization. Where this PUD Ordinance does not provide developmental standards, then the provisions of the specific section of the LDC that is otherwise applicable shall apply. Where specific standards are specified in this PUD, these standards shall prevail over those in the LDC. Unless otherwise defined herein, or as necessarily implied by context, the definitions of all terms shall be the same as the definitions set forth in the LDC in effect at the time of development order application. Development permitted by the approval of this PUD will be subject Public Facilities Ordinance, Division 3.15 ofthe LDC. 2002 2-2 Unless modified, waived or excepted by this PUD or by subsequent request, the provisions of other sections of the Land Development Code remain in effect with respect to the development of the land which comprises this PUD. All conditions imposed herein or as represented on the Henderson Creek Master Plan are part of the regulations which govern the manner in which the land may be developed. The SubdMsions Division of the LDC (Article 3, Division 3.2) shall apply to Henderson Creek, except where an exemption or substitution is set forth herein or otherwise granted pursuant to the Land Development Code, Section 3.2.4. The Site Development Plans Division of the LDC (Article 3, Division 3.3) shall apply to Henderson Creek, except where an exemption is set forth herein or otherwise granted pursuant to the Land Development Code, Section 3.3.4. Recognizing that the plans for development of tracts have not been designated with a specific dwelling unit type, the type of dwelling unit which characterizes the initial development of any platted tract shall be carried out throughout the development of that entire tract. However, tracts platted for the purpose of establishing prototypical model homes shall be not be required to develop with a singular dwelling unit type. 2.4 ROADWAYS Roadways within Henderson Creek may be privately owned and maintained. Standards for roads shall be in compliance with the applicable provisions of the LDC regulating subdMsions, unless otherwise modified, waived or excepted by this PUD or approved during Preliminary Subdivision Plat approval. The Developer reserves the fight to request substitutions to Code design standards in accordance with Section 3.2.7.2 of the LDC. The Developer retains the right to establish gates, guardhouses, and other access controls as may be deemed appropriate by the Developer on all internal and privately owned and maintained project roadways. 2.5 LAKE SETBACK AND EXCAVATION The lake setback requirements described in Section 3.5.7.1 of the LDC may be reduced with the administrative approval of the Collier County Planning Services Director. All lakes greater than txvo (2) acres may be excavated to the maximum commercial excavation depths set forth in Section 3.5.7.3.1. and subject to permit approval of the South Florida Water Management District. Removal of fill and rock from Henderson Creek shall be administratively permitted to an amount up to 10 percent per lake (20,000 cubic yards maximum), unless issued a commercial excavation permit. ~CW. NOA MAR '1 2 2002 2-3 2.6 USE OF RIGHTS-OF-WAY Utilization of lands within all project rights-of-way for landscaping, decorative entranceways, and signage shall be allowed subject to review and administrative approval by the Developer and the Collier County Engineering Director for engineering and safety considerations during the development review process and prior to any installations. 2.7 CHANGES AND AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Changes and amendments may be made to this PUD Ordinance, PUD Master Plan as provided in Section 2.7.3.5 of the LDC. Minor changes and refinements as described herein may be made by the Developer in connection xvith any type of development or permit application required by the LDC. The Plamfing Services Director shall be authorized to approve minor changes and refinements to the Henderson Creek Master Plan upon written request of the Developer. The PUD Master Plan is a conceptual plan containing approximate acreages of each land use. The actual acreages shall be determined at the time of preliminary subdivision plat or site development approval and shall be consistent xvith jurisdictional agency determinations. A. The following limitations shall apply to such requests: The minor change or refinement shall be consistent xvith the Collier County Growth Management Plan and the Henderson Creek PUD document. The minor change or refinement shall not constitute a substantial change pursuant to Section 2.7.3.5.1. of the LDC. o The minor change or refinement shall be compatible with adjacent land uses and shall not create detrimental impacts to abutting land uses, water management facilities, and conser~'ation areas within or external to the PUD. B. The following shall be deelned minor changes or refinements: Reconfiguration of lakes, ponds, canals, preserve areas or other water management facilities where such changes are consistent with the criteria and approved permits issued by the South Florida Water Management District or other applicable jurisdictional permitting agency and Collier County. Internal reali~-unent of rights-of-way other than a relocation of access points to the PUD, except xvhere the access point is required ~ jurisdictional agency. MAR 1 2 2002 2-4 2.8 2.9 Co o Minor reconfiguration of residential and recreation parcels when there is no net loss to areas identified as conservation or preserve. Minor changes and refinements as described above shall be reviewed by appropriate Collier County staff to ensure that said changes and refinements are otherwise in compliance with all applicable County Ordinances and regulations prior to the Planning Services Director's consideration for approval. Approval by the Planning Services Director of a minor change or refinement may occur independently from and prior to any application for Subdivision or Site Development Plan approval, however such approval shall not constitute an authorization for development or implementation of the minor change or refinement without first obtaining all other necessary County permits and approvals. COMMON AREA MAINTENANCE Common area maintenance will be provided by a CDD or by a Property Owners' Association. For those areas not maintained by a CDD, the Developer will create a property owners' association or associations, whose functions shall include provisions for the perpetual maintenance of common facilities and open spaces. The CDD or the property ov~mers' association, as applicable, shall be responsible for the operation, maintenance, and management of the surface water and stom~water management systems and reserves serving Henderson Creek, in accordance with the prox'isions of Collier County Ordinance 90-48 and Resolution 90-292, together xvith any applicable permits from the South Florida Water Management District. LANDSCAPE BUFFERS, BE1LN1S, FENCES AND WALLS Landscape buffers, berms, fences and walls are generally permitted as a principal use throughout Henderson Creek. The following standards shall apply: A. Landscape berms shall have the folloxving maximum side slopes: Grassed bem~s 4:1 Ground covered berms Perimeter 3:1 Internal to project 3:1 Structural xvalled berms - vertical Fence or wall maximum height: six feet (6'), as measured from the finished floor elevation of the nearest residential structure within the development. If the fence or wall is constructed on a landscaped beFm, the wall shall not exceed six feet (6') in height from the top of berm elevation. MAR 1 2 2002 p,. 2-5 Do Landscape buffers, bem~s, fences and xvalls may be constructed along the perimeter of the Henderson Creek PUD boundary prior to preliminary subdivision plat and site development plan submittal. Fences and xvalls which are an integral part of security and access control structures such as gatehouses and control gates shall be subject to the height limitations for principal residential structures. 2.10 2.11 Eo Pedestrian sidexvalks and/or bike paths, water management systems, drainage structures, and utilities may be allowed in landscape buffers. Where such structures or features are located in the required landscape buffer the landscape buffer shall be increased in width equal to the encroachment in that location. Landscape berms located within the Henderson Creek PUD boundary and contiguous to a propeFty line and/or right-of-way line may be constructed such that the toe of slope is setback a minimum 5' from the property line and/or right-of-way line. Concurrent with development of residential tracts, a minimum 6' high chain link fence shall be constructed along the southern property boundary, adjacent the residential tract. Thc fence shall be screened xvith 1 canopy tree installed on 30' centers and 3' high hedge at time of planting, planted on 5' centers. FILL STORAGE Fill storage is generally permitted as a principal use throughout Henderson Creek. Fill material generated from other properties owned or leased by the developer may be transported and stockpiled within areas, which have been disturbed/farmed. Prior to stockpiling in these locations, the developer shall notify the County Community Development and Enviromnental Services Administrator. The folloxving standards shall apply: A. Stockpile maximum side slope 2:1, if protected by a six foot (6') high fence, otherwise a 4:1 side slope shall be required. B. Stockpile maximum height: Thirty feet (30') C. Soil erosion control shall be provided in accordance xvith LDC Division 3.7. DESIGN GUIDELINES AND STANDARDS mo The Collier County Planned Unit Development District is intended to encourage redevelopment of relatively large tracts of land under unified owne: ship ~ control~ ingenuity, innovation and imagination in the planning, design and as set forth in the LDC, Section 2.2.20.1. MAR 1 2 2002 2-6 2.12 PRELIMINARY SUBDIVISION PLAT PItASING Submission, review, and approval of Preliminary Subdivision Plats for the project may be accomplished in phases to con-espond with the planned development of the property. 2.13 GENERAL PER3,1ITTED USES Certain uses shall be considered general permitted uses throughout the Henderson Creek PUD except in the Conse~¢ation Area. General permitted uses are those uses which generally serve the Developer and residents of Henderson Creek and are typically part of the conu-non infrastructure or are considered community facilities. A. General Permitted Uses: 1. Essential services as set forth under LDC, Section 2.6.9.1. 2. Water management facilities and related structures. 3. Temporary sewage treatment facilities. 4. Lakes including lakes with bulkheads or other architectural or structural bank treatments. 5. Guardhouses, g. atehouses, and access control structures. 6. Community and neighborhood parks, recreational facilities. 7. Temporary construction, sales, and administrative offices for the Developer and Developer's authorized contractors and consultants, including necessary access ways, parking areas and related uses. 8. Landscape features including, but not limited to, landscape buffers, berms, fences and walls subject to the standards set forth in Section 2.11 of this PUD. 9. Fill storage subject to the standards set forth in Section 2.12 of this PUD. 10. Any other use which is comparable in nature with the foregoing uses and which the Plmming Services Director determines to be corr kalihla~ B. Development Standards: ~o. ~ MAR 1 2 2002 2-7 2.14 2.15 2.16 2.17 Unless otherwise set forth in this document, the following development standards shall apply to structures: 1. Setback from back of curb or edge of pavement of any road - twelve feet (12') except for guard houses, gatehouses, and access control structures which shall have no required setback. 2. Setback from PUD boundary: See Table 1, Development Standards. 3. Minimum distance between unrelated structures - ten feet (10'). 4. Maximum height of structures - See Table 1, Development Standards. 5. Minimum floor area - None required. 6. Minimum lot or parcel area - None required. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein are to be in accordance with LDC in effect at the time of Site Development Plan Approval. OPEN SPACE REQUIREMENTS The Collier County Land Development Code requires that residential projects maintain open space at a minimum of 60% of the project area. The PUD Master Plan identifies preserves, lakes, recreation tracts and buffers as open spaces. These areas, in conjunction xvith open space areas included within the Residential District, xvill satisfy the 60% open space requirements of Section 2.6.32 of the LDC for residential developments. NATIVE VEGETATION RETENTION REQUIREMENTS Pursuant to Policy 6.4.6 of the Conservation and Coastal Management Element of the Collier County Growth Management Plan, a minimum of 25% of the viable naturally functioning native vegetation on site shall be retained. SIGNAGE All signs will be in accordance with Division 2.5 of the Collier County Land Development Code at time of their permitting. SIDEWALKS/BIKEPATHS Pursuant to LDC Section 3.2.8.3.17 and Section 2.5 of the Henderson Creek PUD, sidewalks/bikepaths shall be permitted as folloxvs: MAR 1 2 2002 2-8 An internal pedestrian walkway system is permitted within drainage easements. Sidewalks may be located outside platted rights-of-ways, when located within a separate sidewalk easement. Sidewalks may be located within landscape buffers and/or easements; however, the landscape buffer shall be increased in width by an amount equal to the encroachment, at the point of encroachment. 2.18 The Developer reserves the right to request substitutions to Code design standards in accordance with Section 3.2.7.2 of the LDC. SUBSTITUTIONS TO SUBDIVISION DESIGN STANDARDS The Developer reserves the right to request substitutions to subdivision improvement and utilitv design standards in accordance with Section 3.2.7.2 of the LDC. Roadways within Henderson Creek shall be designed and constructed in accordance with Section 3.2.8 of the LDC with the following substitutions: 3.2.8.4.16. Streets and access improvcn-mnts 1. Section 3.2.8.4.16.5, Street Right-of-Way Width Street right-of-way width: The minimum right-of-xvay width to be utilized for local streets and cul-de-sacs shall be forty (40) feet. Drive aisles serving multi-family tracts shall not be required to meet this standard. 2. Section 3.2.8.4.16.6, Dead-end Streets Cul-de-sacs may exceed a length of one thousand (1,000) feet. o Section 3.2.8.4.16.8, Intersection Radii Intersection radii: Street iutersections shall be provided with a minimum of a twenty (20) foot radius (face of curb) for all intemal project streets and a thirty-five (35) foot radius for intersections at project entrances. Section 3.2.8.4.16.10, Reverse Curves Reverse Curves: Tangent shall not be required between reve/ project streets. ,MAR 12 2002 3-1 SECTION III RESIDENTIAL 3.1 3.2 3.3 3.4 PURPOSE The purpose Of this Section is to identify pemfitted uses and development standards for areas within Henderson Creek designated on the Master Plan as "R", Residential. MAXIMUM D~'VELLING UN ITS A maximum of 500 approved residential dwelling units may be constructed on lands designated "R," Residential on tile PUD Master Plan. A minimum of 200 units shall be constructed as affordable housing units. GENERAL DESCRIPTION Areas designated as "R," Residential on tile Master Plan are designed to accommodate a full range of residential dwelling t~es. general pemfitted uses as described by Section 2.16, a full range of recreational facilities, essential services, and customary accessory uses. The approximate acreage of the area designated as "R", Residential is indicated on the PUD Master Plan. This acreage is based on conceptual designs and is approximate. Actual acreages of all development tracts will be provided at the time of Site Development Plan or Preliminary Subdivision Plat approvals in accordance with Division 3.3, and Division 3.2 respectively, of the LDC. Residential tracts are designed to accommodate internal roadways, open spaces, and other similar uses found in residential areas. PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the l¥11owing: to Principal Uses: 1. Single Family Attached and Detached Dwellings, Townhomes. 2. Single Family Patio and Zero Lot Line Dwellings. Two-family and Duplex Dxvellings. Multi-Family Dwellings including Coach Home and G~atV~Jk~tgT. - AGENDA l~TEM 3-2 Bo 5. Model Homes and Model Home Centers including offices for project administration, construction, sales and marketing. 6. Recreational facilities such ,ns parks, pla3' grounds, and pedestrian/bikeways 7. Any other principal use which is comparable in nature with the foregoing uses and which the Planning Services Director determines to be compatible in Section Iii, Residential. Accessory Uses and Structures: 1. Accessory uses and structures customarily associated with principal uses pemfitted in this district, including swimming pools, spas and screen enclosures, recreational facilities designed to serve the development, and essential services. 2. Any other accessory use which is comparable in nature with the foregoing uses. 3.5 DEVELOPMENT STANDARDS mo Table 1 sets forth the development standards for land uses within the Henderson Creek PUD Residential area. Bo Site development standards tbr single family, zero lot line, patio home, two-family, duplex, single family attached and town home uses apply to individual residential lot boundaries. Multi-family standards apply to platted parcel boundaries. Co Standards for parking, landscaping, signs and other land uses where such standards are not specified herein or within adopted Henderson Creek design guidelines and standards, are to be in accordance with the LDC in effect at the time of Site Development Plan Approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. Development standards for uses not specifically set forth in Table I shall be in accordance with those standards of the zoning district which is most similar to the proposed use. During the Platting process, the developer shall identify the specific housing type intended for each platted tract. 2002 3-3 TABLE 1 ItENDERSON CREEK PUD DEVELOPMENT STANDARDS FOR "R" RESIDENTIAL AREA SINGLE FAMILY PATIO'" & ZERO TWO FAMILY/ SINGLE FAMILY MULTI FAMILY DETACHED LOT LINE DUPLEX ATTACHED/ DWELLINGS TOWNHOME°s Minimum Lot Area 5,000 SF 4.OO0 SF 3,500 SF 3,500 SF NA Minimum Lot Width *4 40 35 35 35 NA Front Yard Setback (Principal and Accessory} 20*3 20*3 20*3 20*3 20*3 Front Yard for Side Entry Garage 12 10 10 10 12 Rear Yard Setback (Principal) 10 I 0 10 10 15 Rear Yard Setback (Accessory)*l 5 5 5 5 5 Side Yard Setback 6 I) or 6*5 0 or 6*5 0 or 6 *5,6 NA Maximum Hei,eht *2 35 35 35 35 40 Floor Area Minimum (SF) 1000 SF 10()0 SF 1000 SF 1000 SF 800 SF Minimum Distance Between 15 feet .5 SBH or 15 feet Principal Structures NA 5 or 10 5 or 10 *6 *6 Setback from PUD Boundary 25 25 25 40 40 BH: Building Height SBH: (Sum of Building Heights): Combined height of two adjacent buikhngs Ib:' the purpose of determining setback requirements. Front yards shall be ~ured ~ follows: A. ff the pamel is served by a public or private right-of-~x ay, sctback is measured from thc adjacent right-of-way line. * 1 - Setback from lake for all accessory uses and structures may be 0' *2 - Building height shall be the vertical distance measured from the first habitable finished lloor elevation to the midpoint of the roofline of the structure. *3 - Units with side entry garage may have a 12' front yard setback. Units with front entry gmage must have a minimum 20 foot front yard setback. ~4 - Minimum lot width for cul-de-sac lots consistent with the measurement standards established in Division 6.3 of the LDC. *5 - Zero feet (0) or a minimum of six feet (6') on either side except that x~here the zero foot (0') yard option is utilized, the opposite side of the slructure shall have a twelve foot (12) yard. Zero foot (0') yards may be used on either side ot'a structure provided that the opposite twelve foot (12') yard is provided. Patios, pools and screen enclosures may encroach into the twelve foot (12') yard and may attach to the adjoining accessory use at the common property line. *6 - Distance between principal structures not inclusive of garages. AG~)A ITF_J~{ 4-1 SECTION IV PRESERVE/OPEN SPACE AREA 4.1 4.2 4.3 PURPOSE The purpose of this Section is to identify permitted uses and development standards for the area ~vithin Henderson Creek desi~ated on the Master Plan as "PO", Preserve/Open Space. GENERAL DESCRIPTION Areas designated as "PO", Preserve/Open Space on the Master Plan are designed to accommodate conservation, passive recreation and xvater management uses and functions. The approximate acreage of the Preserve/Open Space is indicated on the Master Plan. This acreage is based on conceptual designs and is approximate. Actual acreages of preserve areas will be provided at the time of Site Development Plan or Preliminary Subdivision Plat approvals in accordance with Division 3.3, and Division 3.2 respectively, of the LDC. PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures 1. Boardxvalks, nature trails, shelters, and the like. 2. Water management structures. Amy other conservation and related open space activity or use which is comparable in nature with the foregoing uses and which the Planning Services Director determines to be compatible in the Preserve/open space Area. Residential development consistent with Section 11I of this PUD, not to exceed a maximum of 300 dwelling units, subject to review and approval of a Collier County Environmental Impact Statement and PUD amendment. .IvtAR 1 2 2002 4.4 DEVELOPMENT STANDARDS A. Minimum Yard Requirelnems 1. Frorn PUD or external Development tract boundary: From Internal tract boundary: 2. From outside edge of Lake Maintenance Easement B. Maximum Height of Structures: Fifteen Feet (15') Ten Feet (10') Twenty Feet (20') Twenty-five Feet (25') 4-2 .~AR 1 2 2002 5-I SECTION V GENERAL DEVELOPMENT COMMITMENTS 5.1 5.2 5.3 5.4 PURPOSE The purpose of this Section is to set forth the development commitments for the Henderson Creek project. PUD MASTER DEVELOPMENT PLAN mo All facilities shall be constructed in accordance xvith the final site development plans, final subdivision plans and all applicable State and Local laws, codes and regulations except where specifically noted. The PUD Master Plan (Exhibit A) is an illustration of the conceptual development plan. Tracts and boundaries shown on the plan are conceptual and shall not be considered final. Actual tract boundaries shall be determined at the time of preliminary subdivision plat or site development plan approval. Co All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all utilities. ENGINEERING Except as noted herein, all project development will occur consistent with Division 3.2 and 3.3 of the LDC. UTILITIES Ao Water distribution, sewage collection and transmission systems shall be constructed tltroughout the project by the developer. Potable water and sanitary sewer facilities constructed within platted rights-of-way or within dedicated County utility easements shall be conveyed to Collier County, pursuant to Collier County Ordinance 97-17 except as may be provided in Section 2.4 of this document. Bo Upon completion of the utility facilities, they shall be tested to insure they meet Collier County's utility construction requirements in effect at the time constl'uctior~ plans are approved. MAR 12 2002 5-2 Co All customers connecting to the potable water and sanitary sewer system shall be customers of the County, except as may be provided in Section 2.4 of this document. 5.5 5.6 5.7 WATER MANAGEMENT Ao In accordance with the rules of the South Florida Water Management District, this project shall be designed for a storm event of a 3-day duration and 25-year return frequency. A SFWMD surface water management print shall be approved prior to commencement of site work. Bo An Excavation Permit will be required for the proposed lakes in accordance with Division 3.5 of the Collier County LDC. All lake dimensions will be approved at the time of excavation permit approval. Co The Henderson Creek conceptual surface water management system is described in the Surface Water Nlanagement and Utilities Report, which has been included in the PUD Rezone application materials. ENVIRONMENTAL Buffers shall be provided around wetlands, extending at leastl5 feet landward from the edge of wetland preserves and averaging 25 feet from the landward edge of wetland preserves. Where natural buffers are not possible, structural buffers shall be provided in accordance xvith state of Florida Environmental Resource Permit Rules and be subject to review and approval by Current Planning Section staff. Bo An exotic vegetation removal, monitoring and maintenance plan for the site, with emphasis on the conservation/preservation areas, shall be submitted to Current Plarming Environmental Staff for review and approval prior to final site plan/construction plan approval. A schedule for exotic vegetation removal within all conservation/preservation areas shall be submitted with the above-mentioned plan. Co 3.2.8.4.7.3 of the Collier County Land Development Code. TRANSPORTATION A. Arterial level street lighting shall be provided by the develop, entrance, prior to issuance of a certificate of occupancy. A non-exclusive conservation easement or tracts shall be established on the plat for preserve areas identified on the PUD master plan, in accordance with Section :r aM~ pr?j~o~2 5-3 Bo Pedestrian/Bicycle facilities shall be provided within and betxveen all residential areas including lhe multi-family areas. Co Interconnection shall be provided to adjacent properties as they are developed/redeveloped. Access to US 41 shall require an FDOT connection permit which must be provided to the county prior to final site plan or preliminary subdivision plat approval. No.. ~5~ MAR I 2 2002 AGREEMENT AUTHORIZING AFFORDABLE HOUSING DENSITY BONUS AND IMPOSING COVENANTS AND RESTRICTIONS ON REAL PROPERTY THIS AGREEMENT is made as of the __ day of ,2002, by and between Gateway Shoppes Associates, Inc.. (the "Developer") and the Collier County Board of County Commissioners (the "Commission"), collectively, the "Parties." RECITALS: A. The Developer has under purchase an option to purchase contract a tract of real property described as (complete legal description) See Exhibit "1" attached hereto Collier County, Florida (The "Property") The legal and equitable owners include Gateway Shoppes Associates, LLC It is the Developer's intent to construct a maximum of 500 residential units (the "Units") at a density of 10.9 units per gross acre on the Property. The gross acreage of Property is 45.8 acres. The number of affordable Units constructed by Developer shall be 500 , representing 100 percent of the total number of residential Units in the development. B. In order to construct the Units, the Developer must obtain a density bonus from the Commission for the Property as provided for in the Collier County Affordable Housing Density Bonus Ordinance No. 90-89, now codified by Ordinance 93-89, § 3, as Land Development Code (LDC) § 2.7.7., which density bonus can only be granted by the Commission and utilized by the developer in accordance with the strict limitations and applicability of said provisions. C. The Commission is willing to grant a density bonus to the Developer authorizing the construction of 363 bonus Units on the Property, if the Developer agrees to construct affordable Units as specified in this Agreement and the Developer covenants and agrees to use the affordable units only as rental property. NOW, THEREFORE, in consideration of the approval and granting of the density bonus of 8 units per acre requested by the Developer and the benefits conferred thereby on the Property, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Developer and the Commission hereby covenant and agree as fellows: 1. Recitals. The above Recitals are true and correct and are incorporated Page I of 22 MAR !2 2002 herein by reference. 2. Developer Agreements. The Developer hereby agrees that it shall construct 500 affordable Units which Units shall be rented in accordance with the terms and conditions of this Agreement and as specified by the attached Appendix A, Exhibits A, B, and C, which Appendix is incorporated by reference herein and constitutes a part of this Agreement. a. The following provisions shall be applicable to the affordable Units: (1) Defined terms: In the event of a conflict between terms as defined in the LDC or in Ordinance No. 90-89, Section 4, the definitions of the LDC will control when applying or interpreting this Agreement. in addition to these defined terms and the applicability of LDC § 2.7.7.4.5., "Phasing" shall mean (a) the phased construction of buildings or structures in separate and distinct stages as shown on a PUD master plan, subdivision master plan or site development plan; or (b) in developments where phased construction is not depicted on a PUD master plan, subdivision master plan or site development plan, the construction of buildings or structures in a clearly defined series of starts and finishes that are separate and distinct within the development. (2) Base Rent. The monthly base rent for the affordable Units shall be in accordance with the rents specified in the attached Appendix A, Exhibit A. The monthly rent may be increased each year from the date of this Agreement as long as the rent does not exceed one-twelfth (1/12) of 30 percent of an amount which represents 50 percent (for very Iow income), and 60 percent (for Iow income) of the then applicable median adjusted gross annual income for the household as published annually by the U.S. Department of Housing and Urban Development for the area defined as the Naples Metropolitan Statistical Area (MSA). The foregoing notwithstanding, any rent charged for an affordable housing unit rented to a Iow income or very Iow income family shall not exceed 90 percent of the rent charged for a comparable market rate dwelling in the same or similar development. (3) Median Income. For the purposes of this Agreement, the median income of the area as defined by the U.S. Department of Housing and Urban Development (HUD) shall be the then current median income for the Naples Metropolitan Statistical Area, established periodically by HUD and published in the Federal Register, as adjusted for family size as shown on the tables attached hereto as Appendix A, Exhibit C, which Exhibit shall be adjusted from time to time in accordance with any adjustments that are authorized by HUD or any successor agency. In the event that HUD ceases to publish an established median income as aforesaid, the Parties hereto shall mutually agree to another reasonable and comparable method of computing adjustments in Page 2 of 22 median income. (4) Eligibility and Qualification of Tenant. Family income eligibility is a three-step process: 1) submittal of an application by a prospective tenant; 2) verification of family housing unit provided under the affordable housing density bonus program prior to being qualified at the appropriate level of income (Iow or very Iow income) in accordance with this Section. The Developer shall be responsible for qualifying tenants by accepting applications from tenants, verifying income and obtaining income certification for all affordable units in the subject development. All applications, forms and other documentation required by this Agreement shall be provided to the Housing and Urban Improvement Director. Qualification by the Developer of any tenant as an eligible tenant family shall be subject to review and approval in accordance with the monitoring and enforcement program created and adopted by Resolution of the Commission in LDC §§ 2.7.7.5. and 2.7.7.6., respectively. (a) Application. A potential tenant shall apply to the developer, owner, manager, or agent to qualify as a Iow or very Iow income family for the purpose of renting and occupying an affordable housing rental unit pursuant to the affordable housing density bonus program. The Preliminary Application for Affordable Housing Unit shall be provided by the Housing and Urban Improvement Director as shown in Appendix B, Exhibit A, attached to this Agreement and incorporated by reference herein. (b) Income Verification and Certification. No affordable housing Unit in the development shall be rented to a tenant whose household income has not been verified and certified in accordance with this Agreement and Ordinance No. 90-89, as amended, as a Iow or very Iow income family. Tenant income verification and certification shall be repeated annually to assure continued eligibility. (c) Income Verification. The Developer shall obtain wdtten verification from the potential occupant (including the entire household) to verify all regular sources of income (including the entire household). The most recent year's federal income tax return for the potential occupants (including the entire household) may be used for the purpose of income verification, if attached to the Affordable Housing Applicant Income Verification form, which includes a statement to release information, tenant verification of the return, and a signature block with the date of application. The verification shall be valid for up to ninety (90) days prior to occupancy. Upon expiration of the 90 day period, the information may be verbally updated from the original sources for an additional 30 Page 3 of 22 MAR 1 2 2002 days, provided it has been documented by the person preparing the original verification. After this time, a new verification form must be completed. The Affordable Housing Applicant Income Verification form shall be provided by the Housing and Urban Improvement Director as shown in Appendix B, Exhibit B, attached to this Agreement and incorporated by reference herein. (d) Income Certification. Upon receipt of the Preliminary Application for Affordable Housing Unit and Affordable Housing Applicant Income Verification form, the housing unit under the affordable housing density bonus program. The Affordable Housing Applicant Income Certification form shall be provided by the Housing and Urban Improvement Director as shown in Appendix B, Exhibit C, attached to this Agreement and incorporated by reference herein. (e) Rental Agreement. At a minimum, the rental agreement shall include the following: (~) name, address, and telephone number of the head of household and all other occupants; (ii) a description of the unit to be rented; (iii) the term of the lease; (iv) the rental amount; (v) the use of the premises; (vi) monitoring and enforcement provisions, including disqualification of tenant; and (vii) the rights and obligations of the parties. Random inspection of files containing required documentation to verify occupancy in accordance with this Agreement and Ordinance No.90-89, as amended, may be conducted by the Housing and Urban Improvement Director. (5) Disqualification of Tenant. In the event that tenant qualification is not subsequently confirmed by the Housing and Urban Improvement Director or his designee, then such tenant shall be required to vacate the affordable unit. If tenant vacation of the affordable unit is the result of an error, omission or misrepresentation made by Developer, tenant shall vacate the affordable unit within thirty ($0) days and Developer shall pay penalties as provided by the monitoring and enforcement program. ~f tenant vacation of the affordable unit is the result of a misrepresentation made by the tenant, tenant shall vacate the affordable unit within 15 days and shall pay penalties as provided by the monitoring and enforcement program. Such eventuality shall be expressly detailed in the lease agreement between Developer and tenant. (6) Annual Progress and Monitoring Report. The Developer shall provide the Housing and Urban Improvement Director an annual progress and monitoring report regarding the delivery of affordable housing rental units throughout the period of their construction, rental and occupancy. The annual progress and monitoring report shall, Page 4 of 22 HAR I 2 2002 at a minimum, provide any information reasonably required to insure compliance with Ordinance No. 90-89 or subsequent amendments thereto. The report shall be filed on or before September 30 of each year and the report shall be submitted by the Developer to the Housing and Urban Improvement Director. Failure to complete and submit the monitoring report to the Housing and Urban Improvement Director within sixty (60) days from the due date shall result in a penalty of up to fifty dollars ($50.00) per day unless a written extension not to exceed thirty (30) days is requested prior to expiration of the sixty (60) day submission deadline. No more than one such extension may be granted in a single year. (7) Occupancy Restrictions. No Affordable Unit in any building or structure on the Property shall be occupied by the Developer, any person related to or affiliated with the Developer, or by a resident manager. 3. Density Bonus. The Commission hereby acknowledges that the Developer has met all required conditions to qualify for a density bonus, in addition to the base residential density of 3 units per acre, and is therefore granted a density bonus of 8 density bonus units per acre, for a total (total = density bonus units per acre X gross acreage) of 366 density bonus units, pursuant to Collier County Affordable Housing Density Bonus Ordinance No. 90-89. The Commission further agrees that the Developer may construct thereon, in the aggregate a maximum number of 500 units on the Property provided the Developer is able to secure building permit(s) from Collier County. 4. Commission Agreement. During the term of this Agreement, the Commission acting through the Housing and Urban Improvement Department or its successor(s) covenants and agrees to prepare and make available to the Developer any general information that it possesses regarding income limitations and restrictions which are applicable to the affordable Unit. 5. Violations and Enforcement a. Violations. It shall be a violation of this Agreement and the Collier County Affordable Housing Density Bonus Ordinance to rent, sell or occupy, or attempt to rent, sell or occupy, an affordable housing rental unit provided under the affordable housing density bonus program except as specifically permitted by the terms of this Agreement; or to knowingly give false or misleading information with respect to any information required or requested by the Housing and Urban Improvement Director or by any other persons pursuant to the authority which is delegated to them by the Ordinance. Page 5 of 22 Collier County or its designee shall have full power to enforce the terms of this Agreement. The method of enforcement for a breach or violation of this Agreement shall be at the option of the Commission by criminal enforcement pursuant to the provisions of Section 125.69, Florida Statutes, or by civil enforcement as allowed by law. b. Notice of Violation for Code Enforcement Board Proceedings. Whenever it is determined that there is a violation of this Agreement that should be enforced before the Code Enforcement Board, then a Notice of Violation shall be issued and sent by the Housing and Urban improvement Director by certified return- receipt requested U.S. Mail, or hand-delivery to the person or developer in violation of the Ordinance. The Notice of Violation shall be in writing, shall be signed and dated by the Housing and Urban Improvement Director or such other County personnel as may be authorized by the Board of County Commissioners, shall specify the violation or violation, Section of this Agreement or of Ordinance No. 90-89 or subsequent amendments thereto violated, name of the Housing and Urban Development Director, and date and time when the violator shall appear before the Code Enforcement Board. c. Certificate of Occupancy. In the event that the Developer fails to maintain the affordable units in accordance with this Agreement or with Ordinance No. 90-89, as amended, at the option of the Commission, building permits or certificates of occupancy, as applicable, may be withheld for any future planned or otherwise approved unit located or to be located upon the Property until the entire project is in full compliance with this Agreement and with Ordinance No. 90-89, as amended. 6. Assignment by Commission. The Commission may assign all or part of its obligations under this Agreement to any other public agency having jurisdiction over the Property provided that it gives the Developer thirty (30) days advance written notice thereof. The Developer may not assign, delegate or otherwise transfer alt or part of its duties, obligations, or promises under this Agreement to any successor in interest to the Property without the express written consent of the Commission, which consent may be withheld for any reason whatsoever. Any attempt to assign the duties, obligations, or promises under this Agreement to any successor in interest to the Property without the express written consent of the Commission as required by this Section shall be void ab initio. 7. Severability. If any section, phrase, sentence or portion of this Agreement is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and all Page 6 of 22 MAR 12 2002 other provisions shall remain effective and binding on the parties. 8. Notice. Any notices desired or required to be given under this Agreement shall be in writing and shall either be personally delivered or shall be sent by mail, postage prepaid, to the parties at the following addresses: To the Commission: Housing & Urban Improvement Dept. 2800 N. Horseshoe Drive Naples, Florida 34104 To the Developer: Gateway Shoppes Associates, LLC Cio Schrage Development Company 8910 Purdue Road, Suite 350 Indiannoplis, IN 46268 Any party may change the address to which notices are to be sent by notifying the other party of such new address in the manner set forth above. 9. Authority to Monitor. The parties hereto acknowledge that the Director of Collier County Housing and Urban Improvement or his designee, shall have the authority to monitor and enforce the Developer's obligations hereunder. 10. Indemnify. The Developer hereby agrees to protect, defend, indemnify and hold Collier County and its officers, employees, and agents harmless from and against any and all claims, penalties, damages, losses and expenses, professional ~ fees, including, without limitation, reasonable attorney's fees and all costs of litigation and judgments arising out of any claim, willful misconduct or negligent act, error or omission, or liability of any kind made by Developer, its agents or employees, arising out of or incidental to the performance of this Agreement. 11. Covenants. The Developer agrees that all of its obligations hereunder shall constitute covenants, restrictions, and conditions which shall run with the land and shall be binding upon the Property and against every person then having any ownership interest at any time and from time to time until this Agreement is terminated in accordance with Section 14 below. However, the parties agree that if Developer transfers or conveys the Property to another person or entity, Developer shall have no further obligation hereunder and any person seeking to enforce the terms hereof shall look solely to Developer's successor in interest for the performance of said obligations. 12. Recording. This Agreement shall be recorded at Developer's expense in the official records of Collier County, Florida. 13. Entire Agreement. The parties hereto agree that this Agreement constitutes the entire Agreement between the parties hereto and shall inure to and be .,-. binding upon their respective heirs, successors, and assigns. 14. Termination. Each affordable housing unit shall be restricted to remain and be maintained as the type of affordable housing rental unit (Iow or very Iow income) Page 7 of 22 MAR I 2 2002 designated in accordance with this Agreement for at least fifteen (15) years from the date of issuance of a Certificate of Occupancy for such unit. After fifteen (15) years this Agreement may terminate upon a date mutually agreed upon by the parties and stated in writing. 15. Modification. This Agreement shall be modified or amended only by the written agreement of both parties. 16. Discrimination. a. The Developer agrees that neither it nor its agents shall discriminate against any tenant or potential tenant because of said tenants race, color, religion, sex, national origin, familial status, or handicap. b. When the Developer advertises, rents, sells or maintains the affordable housing unit, it must advertise, rent, sell, and maintain the same in a non- discriminatory manner and shall make available any relevant information to any person who is interested in renting or purchasing such affordable housing unit. c. The Developer agrees to be responsible for payment of any real estate commissions and fees assessed in the rental or purchase of affordable units. e. The affordable housing units shall be intermixed with, and not segregated from, the market rate dwelling units in the development. f. The square footage, construction and design of the affordable housing units shall be the same as market rate dwelling units in the development. All physical amenities in the dwelling units, as described in item number seven (7) of the Developer Application for Affordable Housing Density Bonus shall be the same for market rate units and affordable units. For developments where construction takes place in more than one phase, all physical amenities as described in item number seven (7) of the Developer Application for Affordable Housing Density Bonus shall be the same in both the market rate units and the affordable units in each phase. Units in a subsequent phase may contain different amenities than units in a previous phase so long as the amenities for market rate units and affordable units are the same within each phase and provided that in no event may a market rate unit or affordable unit in any phase contain physical amenities less than those described in the Developer Application. 17. Phasing. The percentage of affordable housing units to which the Developer has committed for the total development shall be maintained in each phase and shall be constructed as part of each phase of the development on the Property. Developer commits to 100:percent affordable housing units for this project, with 100- percent of the units in each phase as built consisting of affordable units. Page 8 of 22 AGENOA MAR 18. Disclosure. The developer shall not disclose to persons, other than the potential tenant, buyer or lender of the particular affordable housing unit or units, which units in the development are designated as affordable housing units. 19. Consistency. This Agreement and authorized development shall be consistent with the Growth Management Plan and land development regulations of Collier County that are in effect at the time of development. Subsequently adopted laws and policies shall apply to this Agreement and to the development to the extent that they are not in conflict with the number, type (3f affordable housing units and the amount of affordable housing density bonus approved for the development. 20. Affordable Housing Density Bonus Development Agreement. This Agreement is a distinct and separate agreement from development agreements as defined by Chapter 163.3220, Fla. Stat. (1989) and as amended. 21. Preapplication. Developer has executed and submitted to the Development Services Director the Developer Application for Affordable housing Density Bonus, a copy of which is attached to this Agreement as Appendix C and incorporated by reference herein. 22. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. 23. Further Assurances. The parties hereto shall execute and deliver, in recordabte form if necessary, any and all documents, certificates, instruments, and agreements which may be reasonably required in order to effectuate the intent of the Agreement. Such documents shall include but not be limited to any document requested by the Developer to exhibit that this Agreement has terminated in accordance with the provisions of paragraph 14 above. IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the day and year first above written. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Deputy Clerk By: Approved as to form and legal sufficiency: Patrick G. White Assistant County Attorney Page 9 of 22 James N. Coletta, Chairman 4AR 1 2 20O2 DEVELOPER: By: Witnesses: (PRINT AND SIGN NAMES BELOW) Print Name-Wts. 1 Print Name-Wts. 2 STATE OF FLORIDA ) COUNTY OF COLLIER ) The foregoing Agreement Authorizing Affordable Housing Density Bonus And Imposing Covenants And Restrictions On Real Property was acknowledged before me by as of WITNESS my hand and official seal this 2002. day of My Commission Expires: Notary Public Page 10 of 22 MAR I 2 2002 APPENDIX A~ EXHIBIT A NUMBER OF AFFORDABLE HOUSING UNITS/MONTHLY BASE RENTS NUMBER OF UNITS BASE RENT Single Multi Single Multi Family Family Family Family LOW INCOME (60% MI) Efficiency I Bedroom 70 $70 2 Bedroom 119 ~ $942 3 Bedroom 138 $1,089 4 Bedroom TOTAL 327 VERY LOW INCOME (50% MI) Efficiency 1 Bedroom 22 $654 2 Bedroom 35 S785 3 Bedroom 43 5907 4 Bedroom __~ TOTAL 100 VERY-VERY LOW INCOME (35% MI) Efficiency _~ 1 Bedroom 6 5458 2 Bedroom 9 $549 3 Bedroom 10 $635 4 Bedroom TOTAL 25 (1) Base residential density allowed in this development 3 units/acre. (2) Gross acreage 45.8 (3) Maximum number of affordable housing density bonus units allowed in this development pursuant to Section 7 Ordinance 90-89. 8 __ units/acres. (4) Gross residential density of this development (including affordable housing density bonus units) ._.10.9'~ units/acre. (5) Percentage of affordable units pledged by the developer (as a percent of the total number units in the development) 10_..___Q%. (6) The remaining 48 units of affordable housing may be constructed in any number in any income classification. Page 11 of 22 AGEJ'~D~ A I~ ,qAR 12 2002 APPENDIX Ar EXHIBIT B AFFORDABLE HOUSING DENSITY BONUS RATING SYSTEM Section 7, Ordinance No. 90-89, provides for calculation of a density bonus for developers pledging to construct affordable units within their development. Included in this Exhibit B are instructions for and the tables with which to calculate the density bonus for a particular project. Exhibit C contains the current median income and acceptable rents for low and very low income households in Collier County. The affordable housing density bonus rating system shall be used to determine the amount of the affordable housing density bonus which may be granted for a development based on household income level, number of bedrooms per affordable housing unit, type of affordable housing units (owner-occupied or rental, single-family or multi-family) and percentage of affordable housing units in the development. To use the affordable housing density bonus rating system, Tables A and B, below, shall be used. Tables A and B shall be reviewed and updated if necessary on an annual basis by the Board of County Commissioners or its designee. First, choose the household income level (moderate, low, or very low) of the affordable housing unit(s) proposed in the development, and the type of affordable housing units (owner-occupied or rental, single-family or multi-family, where applicable) to be provided, as shown in Table A. Then, referring again to Table A, choose the number of bedrooms proposed for the affordable housing unit(s). An affordable housing density bonus rating based on the household income level and the number of bedrooms is shown in Table A. After the affordable housing density bonus rating has been determined in Table A, locate it in Table B, and determine the percent of that type of affordable housing unit proposed in the development compared to the total number of dwelling units in the development. From this determination, Table B will indicate the maximum number of residential dwelling units per gross acre that may be added to the base density. These additional residential dwelling units per gross acre are the maximum affordable housing density bonus (.M-IDB) available to that development. Developments with percentages of affordable housing units which fall in between the percentages shown on Table B shall receive an affordable housing density bonus equal the lower of the two percentages it lies between plus 1/10th of a residential dwelling unit per gross acre for each additional percentage of affordable housing rental units in the development. For example, a development which has 24% of its total residential dwelling units as affordable housing units, and which has an affordable housing density bonus rating of "four" will receive an affordable housing density bonus (AHDB) of 4.4 residential dwelling units per gross acre for the development. \Vhere more than one type of affordable housing unit (based on level of income and number of bedrooms shown in Table A) is proposed for a development, the affordable housing density bonus for each type shall be calculated separately in Table B. After the affordable housing density bonus calculations for each type of affordable housing unit have been completed in Table B, the affordable housing density bonus for each type of unit shall be added to those for the other tspe(s) to determine the maximum affordable housing density bonus available for the development. In no event shall the affordable housing density bonus exceed eight (8) dwelling units per gross acre. Page 12 of 22 MAR 1 2 2002 APPENDIX Ar EXHIBIT B AFFORDABLE ItOUSING DENSITY BONUS RATING SYSTEM Please calculate your density bonus in the space provided below. Attach additional pages if necessary. TABLE A: AFFORDABLE HOUSING DENSITY BONUS RATING LEVEL OF HOUSEHOLD INCOME NUMBER OF BEDROOMS,rUNIT EFFICIENCY 2 3 OR AND I MORE MODERATE (0% .~ER-OCCUPIED,, SINGLE-FAMILY) LOW (O\X, .~ER-OCCUPIED OR RENTAL SINGLE-FAMILY OR MULTI- FAMILY) VERY LOW (OWNER OCCUPIED OR RENTAL, SINGLE-FAMILY OR MULTI-FAMILY) 0 1' 1' 2 3 4 3 4 5 *For cluster housing developments in the Urban Coastal Fringe, add 1 density bonus to obtain 2. TABLE B: AFFORDABLE HOUSING DENSITY BONUS {ADDITIONAL AVAIl. ABLE DWELLING UNITS PER GROSS ACRE) AFFORDABLE HOUSING DENSITY BONUS RATING % OF AFFORDABLE HOUSING UNITS 10% 20% 30% 40% 1 0 0 I 2 2 0 1 2 3 3 2 3 4 5 4 3 4 5 7 5 4 5 7 8 Page 13 of 22 AGENDA ITE~ MAR 1 2 2002 APPENDIX A, EXHIBIT C INCOME AND RENT LEVELS FOR THE LO~,V AND MODERATE INCOME. Pursuant to the Impact Fee Ordinances, adopted by the Board of County Commissioners, December 16, 1992, moderate income is 61% to 80% of the median income, low income is 51% to 60% of the median income and very low income is less than 50% of the median income. $65,000 MEDIAN INCOME 2001 Naples, MSA (Collier Count3') NUMBER OF MEMBERS IN FAMILY 100% 45,500 52,000 58,500 65,000 70,200 75,400 80,600 85,800 80% 36,400 41,600 46,800 52,000 56,150 60,300 64,500 68,650 60% 27,300 31,200 35,100 39,000 42,100 45,200 48,400 51,500 50% 22,750 26,000 29,250 32,500 35,100 37,700 40,300 42,900 35% 15,925 18,200 20,475 22,750 24,570 26,390 28,210 30,030 25% ll,375 13,000 14,625 16,250 17,550 18,850 20,150 21,450 RECOMMENDED RENTAL RATES The Florida Housing Finance Corporation (FHFC) calculates rents to use in the State Apartment Incentive Loan (SAIL) and the Low-Income Rental Housing Tax Credit (LDtTC) programs. The rents given below are based on 2001 data from FHFC. Utility costs are provided from the County's Section 8 Rental Assistance Program which is administered by the Collier County Housing Aufl~ority. }lOUSING COSTS BASED ON 30% FAMILY INCOME ONE BEDROOM TWO BEDROOMTIIREE BEDROOMFOUR BEDROOM UNIT UNIT UNIT UNIT 100% 1,218 1,462 1,690 1,884 80% 975 1,170 1,351 1,507 60% 731 877 1,014 1,131 50% 609 731 845 942 35% 426 511 591 659 25% 304 365 422 471 UTILITY ALLOWANCES ONE B/R TWO B/R THREE B/R FOUR BfR LOCATION UNIT UNIT UNIT UNIT Naples and Coastal Collier County 71.00 91.00 128.00 156.00 Immokalee and East of Everglades Blvd. Golden Gate 67.00 106.00 148.00 173.00 96.00 144.00 186.00 211.00 YOU MUST DEDUCT UTILITIES TO CALCULATE NET RENTS. f/densiD, bonus/inc&rent re'*'. 4/01 Page 14 of 22 HAR 1 2 2002 APPENDIX Bt EXHIBIT A PRELIMINARY APPLICATION FOR AFFORDABLE HOUSING UNIT Date Occupancy Desired: Your Name: Co-Tenant Name Present Address: Date of Application:__ Amt. Of Sec. Deposit:__ Race/National Origin: Handicap: Yes No __ Race/National Origin: Handicap: Yes __ No Name of Landlord Landlord's Address: Street City State Zip Telephone No. How Long at this Address: Street City State Zip Telephone No. If you have resided at ),our present address less than 3 years, please state previous address: Street City State Zip Telephone No. Name of Previous Landlord Street City State Zip Telephone No. APPLICANT: Present Employers Name Address and Telephone No. How long with Present Employer: Title Gross SalaD': Hourly S Social Security Number Previous Employers Name Weekly S Job Every 2 Weeks S__ Monthly Birth Date --- Address and Telephone No. Hoxv long with Previous Employer CO-TENANT: Present Employers Name Job Title Address and Telephone No. How long with Present Employer: Gross Salary: Hourly $ Social Security Number Previous Employers Name Address and Telephone No. How long with Previous Employer Weekly Job Title Every 2 Weeks $ Birth Date Monthly $ Job Title Page 15 of 22 MAR 12 002 NAMES OF ALL WItO WII.L OCCUPY APARTMENT BIRTH O.~TE 1, 2. 3. PERSONAL REFERENCES (Not Relatives) 1. Name: Address: 2. Name: Address: SEX AGE SOCIAL SECURITY How Long Known: How Long Known:~ Page 16 of 22 HAR 1 2 2002 APPENDIX Bt EXHIBIT B AFFORDABLE ItOUSING APPLICANT INCOME VERIFICATION Date: Applicant's Name: Co-Tenant's Name:: Present Address: Social Security Number Social Secur/ty Number Street City State Zip Telephone No. I hereby make application for an apartment at Apartments. I hereby declare and reveal all of my sources of income. I am aware that to leave out, omit or fail to report my assets or forms of income from pensions, stocks, bonds, real property rent, sale or ownership is a fraudulent act punishable by law. Knowingly falsifying information on this form is cause for refusal of occupancy. I hereby certify that this will be my permanent residence and that I have no other assisted housing. I understand that this information is for the purpose of computing my annual income to determine my qualification to rent/buy an affordable housing unit. I understand that I am not required to surrender my ownership or rights or claimed property, pensions or capital gains, etc. Applicant Co-Tenant Amount Frequency Amount Frequency Received of Pay Received of Pay Wages SalaD' Bonuses Tips Commissions Interest Income Trust Fund Income Unemplo~,ment Workman's Compensation Welfare Food Stamps Social Security Social Security Disability Supplemental SSI Family Assistance Child Support Veterans Benefits Widows Benefits Union Pension Self-Employment Business, Silent Partner, etc. Private Insurance Pension TOTALANNUALINCOME $ $ TIlE VERIFICATION HERE REQUESTED MAY TAKE THE FORM OF THE MOST RECENT YEAR'S INCOME TAX RETURN FOR EACH OCCUPANT WHO HAS FILED AND WILL OCCUPY THE AFFORDABLE UNIT. TttE SAME MUST BE EXECUTED FOR EACH OCCUPANT OF THE HOUSEHOLD WHO CONTRIBUTED TO THE ANNUAL HOUSEHOLD INCOME. FAILURE TO REPORT ALL SOURCES OF HOUSEHOLD INCOME WILL RESULT IN DISQUALIFICATION FOR TENANCY IN AFFORDABLE HOUSING UNIT. Page 17 of 22 MAR 1 2 2002 APPENDIX B~ EXHIBIT B AFFORDABLE ItOUSING APPLICANT INCOME VERIFICATION APPLICANT: Present Employer: Job Title: Address: Street City State Zip (Applicant) on this verification form. , hereby authorize the release of information requested STATE OF FLORIDA ) ) ss COL~TY OF COLLIER) The foregoing was acknowledged before me by Witness my hand and official seal this __ Signature of Applicant day of ,2001. My Commission Expires: Notary Public EMPLO~ER VERIFICATION Applicant's Gross Annual Income or Rate or Pay: $ Number o f Hours Worked (Weekly): Frequency of Pay: Amount of Bonuses, Tips, or other Compensation Received: S Monthly Annually STATE OF FLORIDA ) ) ss COUNTY OF COLLIER) The foregoing was ac 'knowledged before me by Witness my hand and official seal this __ day of Supervisor ,2001. My Commission Expires: Notary Public THE VERIFICATION HERE REQUESTED MAY TAKE THE FORM OF THE MOST RECENT YEAR'S INCOME TAX RETURN FOR EACH OCCUPANT WHO HAS FILED AND WILL OCCUPY THE AFFORDABLE UNIT. Page 18 of 22 MAR 1 '2 2002'. APPENDIX C DEVELOPER APPLICATION FOR AFFORDABLE HOUSING DENSITY BONUS Pursuant to the requirements of the Collier County Affordable Housing Density Bonus Ordinance No. 90-89, Section 6.4, please complete this form and submit it with any accompanying documentation to the Development Services Director, 2800 North Horseshoe Drive, Naples, Florida 34104. A copy must also be provided to the Housing and Urban Improvement Director. All items requested must be provided. 1. Please state what zoning districts are proposed by the applicant, if any, on the property and the acreage of each; PUD Density bonus? X Yes If yes, state date of application Ordinance number 3. Has an application for rezoning been requested in conjunction with the affordable housing No and if the request has been approved, state the Gross density of the proposed development. 10.99 units/acre. Gross acreage of the proposed development. 45.8 acres. 4. Are affordable housing density bonus units sought in conjunction with an application for a planned unit development (PUD)? X Yes ~ No. If yes, please state name and location of the PUD and any other identifying information. Henderson Creek PUD Name of applicant Gateway Shoppes Associates, LLC Name of land developer if not the same as Applicant: 6. Please complete the following tables as they apply to the proposed development. Page 19 of 22 MAR 1 2 2002 TABLE I Type of Unit Efficiency One Bedroom Two Bedroom Three Bedroom Other Bedroom TOTAL Total Number of Units in Development Owner Rental Occupied 108 176 216 500 o) (1) The remaining 48 units of affordable t~ousing may be constructed in any number in any income classification. Page 20 of 22 TABLE II Number of Affordable Housing Units Total Number of Proposed Use for Affordable Units Density Bonus Units in Development Owner Owner Rental Occupied Rental Occupied MODERATE INCOME (80% MI) Efficiency 1 Bedroom 2 Bedroom 3 Bedroom Other TOTAL LOW INCOME (60% MI) Efficiency 1 Bedroom 7,_.9_0 5785 2 Bedroom 119 _$942 3 Bedroom 138 $1,089 Other TOTAL __327. Total Number of Affordable Units in Development .Rental Owner Occupied 'VERY LOx, V INCOME (50% MI) Efficiency I Bedroom .2._.~2 2 Bedroom 35 3 Bedroom 43 Other TOTAl. 100. Total Number of Proposed Use for Affordable Units in Development Proposed Use for Density Bonus Units Rental Owner Occupied __$654 $785 __$907 Density Bonus Units Page 21 of 22 ,MAR I 2 2002 Rental Owner Rental Owner Occupied Occupied VERY-VERY LOW INCOME (35% MI) Efficiency 1 Bedroom 6 $458 2 Bedroom 9 $549 3 Bedroom __10 $635 Other TOTAL 25 7. Please provide a physical description of the affordable units by t3?e of unit (moderate, low, very low income) and by number of bedrooms. /nclude in your description, for example, the square footage of each type of unit, floor coverings used throughout the unit (carpeting, tile, vinyl flooring); window treatments; appliances provided such as washer/dryer, dishwasher, stove, refrigerator; bathroom amenities, such as ceiling exhaust fans; and any other amenities as applicable. Attach additional pages. 8. Please supply any other information which would reasonably be needed to address this request for an affordable housing density bonus for this development. Attach additional pages. Page 22 of 22 MAR ! 2 2002 MEMORANDUM DATE: TO: FROM: RE: March 8, 2002 Board of County Commissioners ~ ~l~[,r Joseph K. Schmitt, Administrator Community Dev. And Environmental Svcs AR-1978, Henderson Creek PUD In response to your request request, I am sending you a summary of the review issues for the above referenced petition. On December 3, 2001, a pre-application meeting was held with the petitioner concerning the processing of the Henderson Creek PUD Rezone. During this meeting staff indicated that they would try to "fast track" the review in order for the petitioner to make the deadlines for obtaining financial assistance for this proposed affordable housing project. During this meeting, the petitioner was informed that they had to get the application submitted by the end of December in order to meet those deadlines. The petitioner held the required Public Information Meeting on December 27, 2001. As a result, the PUD application was submitted (later than expected) on January 14, 2002 and subsequently th deemed sufficient and distributed for staff review on January 29 . It should be noted that the Affordable Housing Density Bonus Agreement was only submitted in late February. The first staff review comments were due on February 12th. Staff completed the first review and submitted comments to the applicant for revisions to the PUD Document and Affordable Housin~ Agreement. Because this project was "fast-tracked", staff scheduled this petition for the March 7"' CCPC meeting and the March 12th BCC meeting while still trying to resolve the problems that were identified during the review. Due to the time constraints for getting items placed on the agenda, the staff report had to be prepared by February 26th. Furthermore, the Executive Summary had to be prepared at this time too. As a result, the PUD Document and Affordable Housing Agreement were not in a finished form at that time. If this was not an affordable housing project with a need to make the March 12th BCC hearing, this petition would have been continued to allow staff to provide the finished documents prior to the public hearing. On March 6th staff received information from a few of the Planning Commissioners concerning the inaccuracies contained in the PUD document and Affordable Housing Agreement that they received in their agenda packets. Because there appeared to be more issues than expected, staff considered continuing the petition from the CCPC and BCC meetings in order to resolve the issues. Upon further discussion with the petitioner, it was determined that there were no major issues that could not be resolved during the CCPC meeting and this petition was kept on both agendas. Since there was no guarantee that all the issues would have been addressed during the CCPC meeting, staff modified the Executive Summary to recommend denial. However, the petitioner, staff and the Planning Commission were able to address all of the issues during the CCPC meeting and as a result, the CCPC recommended approval by a 4 to 3 vote. Therefore, staff has now revised the Executive Summary to recommend approval subject to the conditions of approval contained in the PUD Document and Affordable Housing Agreement. I have attached a copy of the revised PUD Document and Affordable Housing Agreement to this memorandum. If you have any questions concerning this matter, please do not hesitate to ask. Cc~ Tomas W. Olliff, County Manager Jim Mudd, Assistant to the County Manager Susan Murray, AICP, Interim Planning Services Director Connie Johnson, Community Dev. & Env. Svcs. Administrative Assistant EXECUTIVE SUMMARY PETITION PUDZ-02-AR-1978, RICHARD YOVANOVICH OF GOODLETTE, COLEMAN & JOHNSON AND WAYNE ARNOLD OF Q. GRADY MINOR AND ASSOCIATES, REPRESENTING GATEWAY SHOPPES, LLC, REQUESTING A REZONE FROM "RSF-3", RESIDENTIAL SINGLE FAMILY TO "PUD" PLANNED UNIT DEVELOPMENT TO BE KNOWN AS HENDERSON CREEK PUD FOR THE PURPOSE OF 500 RESIDENTIAL DWELLINGS UNITS VIA AN AFFORDABLE HOUSING AGREEMENT FOR PROPERTY LOCATED ON THE SOUTH SIDE OF THE TAMIAMI TRAIL (U.S. 41) AND APPROXIMATELY ONE-HALF MILE EAST OF COLLIER BOULEVARD (CR-951) IN SECTION 3, TOWNSH1P 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: To have the Board of County Commissioners consider an application to rezone the subject site from RSF-3 to PUD as noted above 500 dwelling units subject to an affordable housing density bonus agreement that is consistent with all the applicable codes and regulations in order to ensure that the community's interests are maintained in this community. CONSIDERATIONS: The proposed 48.5-acre Planned Unit Development (PUD) permits a mix of residential dwelling units that may include single-family, two-family, duplex, zero lot line, town homes and multi-family dwellings. The petitioner is requesting a maximum of 500 residential dwelling units of which 100 percent of the dwelling units will be developed as affordable housing units. The proposed residential area is designed around a lake, open space, and preserve areas. The residential area consists of approximately 10.34 acres while the lake area is 2.6 acres in size. The preserve and open areas comprise apprc~ximately 32.86-acres. A single access point to the residential project is proposed from U.S. 41. A detailed Traffic Impact Statement (TIS) submitted by the applicant and reviewed by County staff' estimates the site-generated trips to be approximately 3,131 Weekday Trips, 252 A.M. Peak Hour Trips, and 289 P.M. Peak Hour Trips. The project will have a significant impact on U.S. 41 from the intersection of Collier Boulevard to the site entrance but the total trips will not adversely affect the roadway level of service. The project will not have significant impacts on the remainder of the roads within the radius of influence. The project trips will not lower the operational level of service standards on any of the roadways within the influence area where the project has impacts of significance (5% of the peak season, peak hour service volume). This includes US 41 and Collier Boulevard north and south of US 41. The projected traffic volume in 2003 for US-41 from Collier Boulevard to Rattlesriake-Hammock Road is estimated to be 43,500 AADT (Annual Average Daily Traffic) which includes a background growth of eight (8) percent of existing (36,730 AADT for 2001) and site traffic with a Level of Service "D" adopted standard service volume of 51,800 AADT; for US 41 from Collier Boulevard to the site entrance is estimated to be 7,800 AADT including background and site traffic with a Level of Service "D" adopted standard service volume of 9,400 AADT; for Collier Boulevard from US 41 to Manatee Road is estimated to be 41,650 AADT including background and site traffic with a Level of Service "D" adopted standard service volume of 36,700; and for Collier Boulevard from US 41 to Rattlesnake Hammock an estimated volume of 32,750 AADT including background and site traffic with a Level of Service "D" adopted standard service volume of 33,100 AADT. While Collier Boulevard (SR 951) from US 41 to Manatee Road is projected to exceed the adopted level of service standard it is not a roadway segment which is significantly impacted by the proposed application. 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 Irhprovement 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: · Library Impact Fee: · Fire Impact Fee: · School Impact Fee: · Road Impact Fee: · Correctional Facilities: · Radon Impact Fee: · EMS Impact Fee: · Building Code Adm.: · Micro Film Surcharge: $578.00 per unit $180.52 per unit $0.15 per square feet of building $827 per unit $890 per unit $117.98 per dwelling unit $0.005 per square foot of building $2 per unit $0.005 per square foot of building $1.50 per unit For an average unit size of 1,000 square feet, the total fiscal impact will be $2,757.18 per unit. Since this project proposes 500 units, the total amount of residential impact fees collected at build-out will total $1,378,590. It should be noted that because impact fees vary by housing type and because this approval does not provide this level of specificity as to the actual type of use, the total impact fee quoted above is at best a raw estimate. Additionally, there is no guarantee that the project at build-out will have maximized their authorized level of development. 2 Other fees will include building permit review fees and utility fees associated with connecting to the County's sewer and water system. 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 valorem tax rates. The revenue that will be generated depends on the value of the improvements. At this point in time a model has not been developed to arrive at a reasonable estimate of tax revenue based on ad Valorem tax rates. Nevertheless, it should be appreciated that not withstanding the fiscal impact relationship, development takes place in an environment of concurrency management. When level of service requirements fall below adopted standards, a mechanism is in place to bring about a cessation of building activities. Certain LOS standards apply countywide and would therefore bring about a countywide concurrency determination versus roads that may have local geographic concurrency implications. GROWTH MANAGEMENT IMPACT: The subject site is located within the Urban Coastal Fringe Sub-district as depicted on the Future Land Use Map of the Growth Management Plan. The purpose of this Sub-district is to provide transitional densities between the Conservation Areas and the Urban Designated Areas. Residential development in this District is based upon the County's density rating system, as contained in the Future Land Use Element (FLUE) of the Collier County Growth Management Plan (GMP). According to the density rating system, residential development on the Henderson Creek Property has a base density of 4 units per acre. The property is subject to a base density reduction of one (1) unit, because it is within the County's designated Traffic Congestion Area. However, because the project is proposing affordable housing, it is eligible to receive a density bonus of 8 units per acre. The density determination is summarized as follows: Base Density Traffic Congestion Area Affordable Housing Bonus Total Eligible Density 4 du/a -1 du/a +8 du/a 11 du/a. 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 required. ENVIRONMENTAL ISSUES: The Environmental Review Staff has recommended approval subject to the native vegetation requirement to be satisfied with areas of retained native vegetation and/or areas re-planted with native species shown on the PUD Master Plan. The preserve open space area is designed to accommodate, passive recreation and water management uses and facilities. Buffers will be provided around wetlands, extending on average 25 feet landward from the edge of the wetland preserve areas. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: Since no wetland areas are impacted by development, this petition was not required to go to the Environmental Advisory Council (EAC). In addition, the Environmental Review Staff has recommended approval subject to the native vegetation requirement to be satisfied with areas of retained native vegetation and/or areas re-planted with native species shown on the PUD Master Plan. COLLIER COUNTY PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission (CCPC) reviewed this petition during their public hearing on March 7, 2002. Due to the need by the petitioner to meet the deadline for making applications for State grant applications, this petition was scheduled for the March 12th Board of County Commissioners hearing. The results of the Planning Commission meeting will be presented during this BCC hearing. Because of this hearing schedule, this petition could not be placed on the summary agenda. It should be noted that staff has not received any letters of opposition to the proposed rezone to the PUD zoning district. PLANNING SERVICES STAFF RECOMMENDATION: Staff recommends approval of Petition PUDZ-02-AR-1978 subject to the approyal of the Affordable Housing Agreement and the stipulations contained in the PUD document and as otherwise described by the Ordinance of Adoption and Exhibits thereto. PREPARED BY: ,'~kY BELLOWS, CmEF PLANNER CURRENT PLANNING SECTION REVIEWED BY: ,,'~ AN MURRAY, AICP, INTERIM ~ECTOR PLANNING SERVICES DEPARTMENT DATE DATE EPH K. SC/I/I~TT ADMINISTRATOR ITY DEV. AND ENViRONMENTAL SVCS. DATE PUDZ-02-AR- 1978/EX SUMMARY/RVB/rb Henderson Creek A PLANNED UNIT DEVELOPMENT 45.8_.* Acres Located in Section 3, Township 51 South, Range 26 East, Collier County, Florida PREPARED FOR: Gateway Shoppes, LLC PREPARED BY: D. Wayne Arnold, AICP Q. Grady Minor & Associates 3800 Via Del Rey Bonita Springs, Florida 34134 And Richard D. Yovanovich Goodlette, Coleman & Johnson 4001 Tamiami Trail North, Suite 300 Naples, F1 34103 EXHIBIT "A" Revised 03/08/2002 ii TABLE OF CONTENTS PAGE STATEMENT OF COMPLIANCE AND SHORT TITLE SECTION I SECTION II SECTION SECTION IV SECTION V EXHIBIT A LEGAL DESCRIPTION, PROPERTY OWNERSHIP, & GENERAL DESCRIPTION PROJECT DEVELOPMENT RESIDENTIAL PRESERVE / OPEN SPACE GENERAL DEVELOPMENT COMMITMENTS PUD MASTER PLAN 111 1-1 2-1 3-1 4-1 5-1 Revised 03/0812002 iii STATEMENT OF COMPLIANCE The purpose of this section is to express the intent of Gateway Shoppes, LLC, hereinafter referred to the Developer, to create a Planned Unit Development (PUD) on 45+ acres of land located in Section 3, Township 51 South, Range 26 East, Collier County, Florida. The name of this Planned Unit Development shall be Henderson Creek. The development of Henderson Creek will be in compliance with the planning goals and objectives of Collier County as set forth in the Growth Management Plan. The development will be consistent with the growth policies and land development regulations adopted thereunder of the Growth Management Plan Future Land Use Element and other applicable regulations for the following reasons: The subject property is within the Urban Coastal Fringe District as identified on the Future Land Use Map of the Future Land Use Element (FLUE). The purpose of the Urban Coastal Fringe District is to provide for a variety of residential and mixed-use developments such as Planned Unit Developments. The proposed residential density of Henderson Creek is 10.9 dwelling units per acre and is consistent with the maximum density permitted by the FLUE Density Rating System and is therefore consistent with FLUE Policy 5.1. The entire subject property qualifies for a base density of three (3) units per acre. Through the affordable housing density bonus provisions of the plan, eight (8)dwelling units per acre may be added to the base density. Base Density Affordable Housing Density Bonus Maximum Permitted Density Requested Density 3 dwelling units/acre 8 dwelling units/acre 11 dwelling units/acre 10.9 dwelling units/acre = 500 units Improvements are planned to be in compliance with applicable land development regulations as set forth in Objective 3 of the FLUE. The development of Henderson Creek PUD will result in an efficient and economical extension of community facilities and services as required in Policy 3.1. of the FLUE. Henderson Creek PUD is a Master Planned residential community, and is planned to encourage ingenuity, innovation and imagination as set forth in the Collier County Land Development Code (LDC) Planned Unit Development District. Henderson Creek PUD is planned to incorporate natural systems for water management in accordance with their natural functions and capabilities as may be required by Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. Revised 03/08/2002 iv All final local development orders for this project are subject to the Collier County Adequate Public Facilities Ordinance, Division 3.15 of the Land Development Code. Revised 03/08/2002 SHORT TITLE This ordinance shall be known and cited as the "HENDERSON CREEK PLANNED UNIT DEVELOPMENT ORDINANCE". Revised 03/08/2002 1-1 SECTION I LEGAL DESCRIPTION, PROPERTY OWNERSHIP, AND GENERAL DESCRIPTION 1.1 PURPOSE The purpose of this section is to set forth the legal description and ownership of Henderson Creek PUD, and to describe the existing condition of the property proposed to be developed. 1.2 LEGAL DESCRIPTION A parcel of land located in Section 3, Township 51 South, Range 26 East, Collier County, Florida being more particularly described as follows: Commence at the Southeast comer of said Section 3; thence mn N 00015'22'' E, along the East line of said Section 3, for a distance of 1494.62 feet to a point on the Southerly right- of-way line of U.S. 41 (Tamiami Trail), a 200 foot wide right-of-way; thence mn N 54046'43" W, along said Southerly right-of-way line, for a distance of 966.30 feet to the point of beginning of the parcel of land herein described; thence continue N 54°46'43"W, along said Southerly right-of-way line, for a distance of 600 feet; thence mn S 35° 13' 17" W for a distance of 400.00 feet; thence mn N 54°46'43" W for a distance of 1644.85 feet; thence mn S 00°09'23" W for a distance of 1584.14 feet; thence run S 89°50'37" E for a distance of 1802.45feet to a point on the westerly boundary line of the 100 foot wide drainage easement, recorded in the official records book 76 at page 127 of the Public Records of Collier County, Florida, the same being a point on a circular curve concave to the Northwest, whose radius point bears N 60°28'42" W for a distance of 2799.91 feet therefrom; thence run Northeasterly along the arc of said curve to the left, and along the Westerly boundary line of the 100 foot wide drainage easement, having a radius of 2799.91 feet, through a central angle of 09°41 '47", subtended by a chord of 473.29 feet at a bearing of N 24°40'24" E, for an arc distance of 473.84 feet to the end of said curve; thence run N 19049'43TM E, for a distance of 203.10 feet to the point of beginning of the parcel of land herein described, containing 45.823 acres, more of less. 1.3 GENERAL DESCRIPTION OF PROPERTY The project site is located in Section 3, Township 51 South, Range 26 East. The site is generally bordered on the west by S.R. 951 and Eagle Creek PUD; on the undeveloped C-4 property; on the east by Henderson Creek; and on the south by Holiday Manor Mobile Home Park, zoned MH. The zoning classification of the subject property at the time of PUD application is RSF-3. Revised 03/08/2002 1-2 Co Elevations within the site are approximately 3.5' to 4.5' above MSL. Per FEMA Firm Map Panel No. 120067 605 E and 615E, dated August 3, 1992, the Henderson Creek property is located within AE 7 of the FEMA flood insurance rate map. A majority of the site has been altered through past and current agricultural uses; however, a portion of the site does contain jurisdictional wetlands. The soil types on the site generally include Fort Dram and Malabar fine sand and Holopaw fine sand. This information was derived from the Soil Survey of Collier County, Florida. Fo The project site is located within the Collier County Water Management District Henderson Creek Watershed. 1.4 PERMITTED VARIATIONS OF DWELLING UNITS A maximum of 500 dwelling units are permitted within the Henderson Creek PUD. This maximum of 500 dwellings may include single-family, two-family, duplex, zero lot line, patio, townhome and multi-family dwelling unit types. 1.5 DENSITY Acreage of Henderson Creek is approximately 45.8+ acres and the number of dwelling units authorized to be built pursuant to this PUD is a maximum of 500, through use of the affordable housing density bonus. The gross project density, therefore, will be a maximum of 10.9 units per acre. Bo At all times, all property included within Henderson Creek as described in Section 1.2 shall be included in determining project density, including lands reserved for road right-of-way. Revised 03/08/2002 2-1 SECTION II PROJECT DEVELOPMENT 2.1 2.2 PURPOSE The purpose of this Section is to generally describe the plan of development for Henderson Creek, and to identify relationships to applicable County ordinances, policies, and procedures. GENERAL DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES Henderson Creek will be developed as a residential community, which may feature a full array of residential dwelling types, and a recreation center, providing for activities such as community gatherings, recreational amenities, and personal services, central to community residents. The Conceptual Master Plan is illustrated graphically on Exhibit "A". A Land Use Summary indicating approximate land use acreages is shown on the plan. The master plan is conceptual, and the location, size, and configuration of individual recreational area, and water management features, tracts development and shall be determined at the time of Final Site Development Plan and/or Preliminary Subdivision Plat approval with minor adjustments at the time of Final Plat approval, in accordance with Section 3.2.7 and 3.3 of the LDC. Co Henderson Creek PUD is compatible with and complementary to existing and future surrounding land uses as required in Policy 5.4 of the FLUE. "r'~e.r t~. iss'~:ance of .... .~ .... ~ .....· ^~a~ c~ this PUD Upon adoption of CP 2001-4, an amendment to this PUD shall be filed with the County, and subject to approval by the County, that modifies this PUD so as to comply with all applicable requirements and limitations contained in Comprehensive Plan amendment petition CP-2001-4, establishing the Henderson Creek Mixed Use Subdistrict in the Future Land Use Element. Such amendments might include addition of the +/- 40 acres adjacent to the west; provision for a loop road, open to the public, connecting US-41 to SR-951; vehicular and pedestrian interconnection with adjacent properties to the north and west." 2.3 COMPLIANCE WITH COUNTY ORDINANCES Regulations for development of Henderson Creek shall be in accordance with the contents of this PUD Ordinance and applicable sections of the LDC (to the extent they are not inconsistent with this PUD Ordinance) and the Growth Management Plan which are in effect at the time of issuance of any development order to which said regulations relate which authorize the construction of improvements, such as Revised 03/08/2002 2-2 Co Go Ho but not limited to Final Subdivision Plat, Final Site Development Plan, Excavation Permit and Preliminary Work Authorization. Where this PUD Ordinance does not provide developmental standards, then the provisions of the specific section of the LDC that is otherwise applicable shall apply. Where specific standards are specified in this PUD, these standards shall prevail over those in the LDC. Unless otherwise defined herein, or as necessarily implied by context, the definitions of all terms shall be the same as the definitions set forth in the LDC in effect at the time of development order application. Development permitted by the approval of this PUD will be subject to the Adequate Public Facilities Ordinance, Division 3.15 of the LDC. Unless modified, waived or excepted by this PUD or by subsequent request, the provisions of other sections of the Land Development Code remain in effect with respect to the development of the land which comprises this PUD. All conditions imposed herein or as represented on the Henderson Creek Master Plan are part of the regulations which govern the manner in which the land may be developed. The Subdivisions Division of the LDC (Article 3, Division 3.2) shall apply to Henderson Creek, except where an exemption or substitution is set forth herein or otherwise granted pursuant to the Land Development Code, Section 3.2.4. The Site Development Plans Division of the LDC (Article 3, Division 3.3) shall apply to Henderson Creek, except where an exemption is set forth herein or otherwise granted pursuant to the Land Development Code, Section 3.3.4. Recognizing that the plans for development of tracts have not been designated with a specific dwelling unit type, the type of dwelling unit which characterizes the initial development of any platted tract shall be carried out throughout the development of that entire tract. 2.4 ROADWAYS Roadways within Henderson Creek may be privately owned and maintained. Standards for roads shall be in compliance with the applicable provisions of the LDC regulating subdivisions, unless otherwise modified, waived or excepted by this PUD or approved during Preliminary Subdivision Plat approval. The Developer reserves the right to request substitutions to Code design standards in accordance with Section 3.2.7.2 of the LDC. The Developer retains the right to establish gates, guardhouses, and other access controls as may be deemed appropriate by the Developer on all internal and privately owned and maintained project roadways. The primary access road shall not be gated, and shall remain open to the public. Revised 03/08/2002 2-3 2.5 LAKE SETBACK AND EXCAVATION The lake setback requirements described in Section 3.5.7.1 of the LDC may be reduced with the administrative approval of the Collier County Planning Services Director. All lakes greater than two (2) acres may be excavated to the maximum commercial excavation depths set forth in Section 3.5.7.3.1. and subject to permit approval of the South Florida Water Management District. Removal of fill and rock from Henderson Creek shall be administratively permitted to an amount up to 10 percent per lake (20,000 cubic yards maximum), unless issued a commercial excavation permit. 2.6 USE OF RIGHTS-OF-WAY Utilization of lands within all project rights-of-way for landscaping, decorative entranceways, and signage shall be allowed subject to review and administrative approval by the Developer and the Collier County Engineering Director for engineering and safety considerations during the development review process and prior to any installations. 2.7 CHANGES AND AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Changes and amendments may be made to this PUD Ordinance, PUD Master Plan as provided in Section 2.7.3.5 of the LDC. Minor changes and refinements as described herein may be made by the Developer in connection with any type of development or permit application required by the LDC. 2.8 COMMON AREA MAINTENANCE Common area maintenance will be provided by a Property Owners' Association. The Developer will create a property owners' association or associations, whose functions shall include provisions for the perpetual maintenance of common facilities and open spaces. The property owners' association, as applicable, shall be responsible for the operation, maintenance, and management of the surface water and stormwater management systems and reserves serving Henderson Creek, in accordance with the provisions of Collier County Ordinance 90-48 and Resolution 90-292, together with any applicable permits from the South Florida Water Management District. Revised 03/08/2002 2-4 2.9 LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS Landscape buffers, berms, fences and walls are generally permitted as a principal use throughout Henderson Creek. The following standards shall apply: A. Landscape berms shall have the following maximum side slopes: Grassed berms 4:1 Ground covered berms Perimeter 3:1 Internal to project 3:1 Structural walled berms - vertical Bo Fence or wall maximum height: six feet (6), as measured from the finished floor elevation of the nearest residential structure within the development. If the fence or wall is constructed on a landscaped berm, the wall shall not exceed six feet (6) in height from the top of berm elevation. Landscape buffers, berms, fences and walls may be constructed along the perimeter of the Henderson Creek PUD boundary prior to preliminary subdivision plat and site development plan submittal. Fences and walls which are an integral part of security and access control structures such as gatehouses and control gates shall be subject to the height limitations for principal residential structures. Bo Fo Pedestrian sidewalks and/or bike paths, water management systems, drainage structures, and utilities may be allowed in landscape buffers. Where such structures or features are located in the required landscape buffer the landscape buffer shall be increased in width equal to the encroachment in that location. Landscape berms located within the Henderson Creek PUD boundary and contiguous to a property line and/or right-of-way line may be constructed such that the toe of slope is setback a minimum 5' from the property line and/or right-of-way line. Concurrent with development of residential tracts, a minimum 6' high precast concrete fence shall be constructed along the southern property boundary, adjacent the residential tract(s). 2-5 2.10 FILL STORAGE Fill storage is generally permitted as a principal use throughout Henderson Creek. Fill material generated from other properties owned or leased by the developer may be transported and stockpiled within areas, which have been disturbed/farmed. Prior to stockpiling in these locations, the developer shall receive approval by theCounty Community Development and Environmental Services Administrator. The following standards shall apply: mo Stockpile maximum side slope 2:1, if protected by a six foot (6') high fence, otherwise a 4:1 side slope shall be required. Stockpile maximum height: Twenty feet (20)'. No stockpile shall remain for a period longer than one year. C. Soil erosion control shall be provided in accordance with LDC Division 3.7. 2.11 DESIGN GUIDELINES AND STANDARDS mo The Collier County Planned Unit Development District is intended to encourage ingenuity, innovation and imagination in the planning, design and development or redevelopment of relatively large tracts of land under unified ownership or control, as set forth in the LDC, Section 2.2.20.1. 2-6 2.12 PRELIMINARY SUBDIVISION PLAT PHASING Submission, review, and approval of Preliminary Subdivision Plats for the project may be accomplished in phases to correspond with the planned development of the property. 2.13 GENERAL PERNHTTED USES Certain uses shall be considered general permitted uses throughout the Henderson Creek PUD except in the Preserve/Open Space Area. General permitted uses are those uses which generally serve the Developer and residents of Henderson Creek and are typically part of the common infrastructure or are considered community facilities. A. General Permitted Uses: 1. Essential services as set forth under LDC, Section 2.6.9.1. 2. Water management facilities and related structures. Lakes including lakes with bulkheads or other architectural or structural bank treatments. 4. Guardhouses, gatehouses, and access control structures. 5. Community and neighborhood parks, recreational facilities. Temporary construction, sales, and administrative offices for the Developer and Developer's authorized contractors and consultants, including necessary access ways, parking areas and related uses. o Landscape features including, but not limited to, landscape buffers, berms, fences and walls subject to the standards set forth in Section 2.9 of this PUD. Fill storage subject to the standards set forth in Section 2.10 of this PUD. B. Development Standards: Unless otherwise set forth in this document, or as noted in Table 1 the following development standards shall apply to structures. 2-7 2.14 2.15 2.16 2.17 Setback from back of curb or edge of pavement of any road - twelve feet (12,) except for guard houses, gatehouses, and access control structures which shall have no required setback. 2. Setback from PUD boundary: See Table 1, Development Standards. 3. Minimum distance between unrelated structures - ten feet (10'). 4. Maximum height of structures - See Table 1, Development Standards. 5. Minimum floor area - None required. 6. Minimum lot or parcel area - None required. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein are to be in accordance with LDC in effect at the time of Site Development Plan Approval. OPEN SPACE REQUIREMENTS The Collier County Land Development Code requires that residential projects maintain open space at a minimum of 60% of the project area. The PUD Master Plan identifies preserves, lakes, recreation tracts and buffers as open spaces. These areas, in conjunction with open space areas included within the Residential District, will satisfy the 60% open space requirements of Section 2.6.32 of the LDC for residential developments. NATIVE VEGETATION RETENTION REQUIREMENTS Pursuant to Policy 6.4.6 of the Conservation and Coastal Management Element of the Collier County Growth Management Plan, a minimum of 25% of the viable naturally functioning native vegetation on site shall be retained. SIGNAGE All signs will be in accordance with Division 2.5 of the Collier County Land Development Code at time of their permitting. SIDEWALKS/BIKEPATHS mo Pursuant to LDC Section 3.2.8.3.17 and Section 2.5 of the Henderson Creek PUD, sidewalks/bikepaths shall be permitted as follows: An internal pedestrian walkway system is permitted within drainage easements. 2-8 Sidewalks may be located outside platted rights-of-ways, when located within a separate sidewalk easement. Sidewalks may be located within landscape buffers and/or easements; however, the landscape buffer shall be increased in width by an amount equal to the encroachment, at the point of encroachment. The Developer reserves the right to request substitutions to Code design standards in accordance with Section 3.2.7.2 of the LDC. 2.18 SUBSTITUTIONS TO SUBDIVISION DESIGN STANDARDS mo The Developer reserves the right to request substitutions to subdivision improvement and utility design standards in accordance with Section 3.2.7.2 of the LDC. B° The proposed primary entry road shall be designed and constructed in accordance with section 3.2.8 of the LDC. Other roadways within Henderson Creek shall be designed and constructed in accordance with Section 3.2.8 of the LDC with the following substitutions: 3.2.8.4.16. Streets and access improvements 1. Section 3.2.8.4.16.5, Street Right-of-Way Width Street right-of-way width: The minimum right-of-way width to be utilized for local streets and cul-de-sacs shall be forty (40) feet. Drive aisles serving multi-family tracts shall not be required to meet this standard. 2. Section 3.2.8.4.16.6, Dead-end Streets Cul-de-sacs may exceed a length of one thousand (1,000) feet. 3. Section 3.2.8.4.16.8, Intersection Radii Intersection radii: Street intersections shall be provided with a minimum of a twenty (20) foot radius (face of curb) for all internal project streets and a thirty-five (35) foot radius for intersections at project entrances. 4. Section 3.2.8.4.16.10, Reverse Curves Reverse Curves: Tangent shall not be required between reverse curves on any project streets. SECTION III RESIDENTIAL 3.1 3.2 3.3 3.4 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within Henderson Creek designated on the Master Plan as "R", Residential. MAXIMUM DWELLING UNITS Phase 1 of development shall include a maximum of 224 affordable housing units. Residential Development shall be limited to cleared and upland areas unless a PUD amendment including an EIS and Environmental Advisory Council review is completed. Prior to development of Phase 2, a PUD amendment shall be approved authorizing additional dwelling units up to a maximum total of 500 units. GENERAL DESCRIPTION Areas designated as "R," Residential on the Master Plan are designed to accommodate a full range of residential dwelling types, general permitted uses as described by Section 2.16, a full range of recreational facilities, essential services, and customary accessory uses. The approximate acreage of the area designated as "R", Residential is indicated on the PUD Master Plan. This acreage is based on conceptual designs and is approximate. Actual acreages of all development tracts will be provided at the time of Site Development Plan or Preliminary Subdivision Plat approvals in accordance with Division 3.3, and Division 3.2 respectively, of the LDC. Residential tracts are designed to accommodate internal roadways, open spaces, and other similar uses found in residential areas. PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Principal Uses: 1. Single Family Attached and Detached Dwellings, Townhomes. 2. Single Family Patio and Zero Lot Line Dwellings. 3. Two-family and Duplex Dwellings. 4. Multi-Family Dwellings including Coach Home and Garden Apartments. Revised 03/08/2002 3-2 3.5 Model Homes and Model Home Centers including offices for project administration, construction, sales and marketing. Recreational facilities such as parks, play grounds, and pedestrian/bikeways B. Accessory Uses and Structures: Accessory uses and structures customarily associated with principal uses permitted in this district, including swimming pools, spas and screen enclosures, recreational facilities designed to serve the development, and essential services. Any other accessory use which is comparable in nature with the foregoing uses. DEVELOPMENT STANDARDS mo Table 1 sets forth the development standards for land uses within the Henderson Creek PUD Residential area. Bo Site development standards for single family, zero lot line, patio home, two-family, duplex, single family attached and town home uses apply to individual residential lot boundaries. Multi-family standards apply to platted parcel boundaries. Co Standards for parking, landscaping, signs and other land uses where such standards are not specified herein, are to be in accordance with the LDC in effect at the time of Site Development Plan Approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. Do Development standards for uses not specifically set forth in Table I shall be in accordance with those standards of the zoning district which is most similar to the proposed use. mo During the Platting process, the developer shall identify the specific housing type intended for each platted tract. Revised 03/08/2002 3-3 TABLE 1 HENDERSON CREEK PUD DEVELOPMENT STANDARDS FOR "R" RESIDENTIAL AREA SINGLE FAMILY PATIO.9 & ZERO TWO FAMILY/ SINGLE FAMILY MULTI FAMILY DETACHED LOT LINE DUPLEX ATTACHED/ DWELLINGS TOWNHOME.8 Minimum Lot Area 5,000 SF 4,000 SF 3,500 SF 3,500 SF NA Minimum Lot Width *4 40 35 35 35 NA Front Yard Setback (Principal and Accessory) 20*3 20*3 20*3 20*3 20*3 Front Yard for Side Entry Garage 12 10 I0 10 12 Rear Yard Setback (Principal) 10 10 10 10 15 Rear Yard Setback (Accessory)* 1 5 5 5 5 5 Side Yard Setback 6 0 or 6*5 0 or 6*5 0 or 6 *5,6 NA Maximum Height *2 35 35 35 35 35 not to exceed 2 stories Floor Area Minimum (SF) 1000 SF 1000 SF 1000 SF 1000 SF 800 SF Minimum Distance Between 15 feet .5 SBH or 15 feet Principal Structures NA NA NA *6 *6 Setback from PUD Boundar~ 25 25 25 40 40 BH: Building Height SBH: (Sum of Building Heights): Combined height of two adjacent buildings for the purpose of determining setback requirements. Front yards shall be measured as follows: A. If the parcel is served by a public or private right-of-way, setback is measured from the adjacent right-of-way line. *1 - Setback from lake for all accessory uses and structures may be 0' *2 - Building height shah be the vertical distance measured from the first habitable finished floor elevation to the midpoint of the roofline of the structure. *3 - Units with side entry garage may have a 12' front yard setback. Units with front entry garage must have a minimum 20 foot front yard setback. *4 - Minimum lot width for cul-de-sac lots consistent with the measurement standards estabhshed in Division 6.3 of the LDC. *5 - Zero feet (0') or a minimum of six feet (6') on either side except that where the zero foot (0') yard option is utilized, the opposite side of the structure shall have a twelve foot (12') yard. Zero foot (0') yards may be used on either side ora structure provided that the opposite twelve foot (12') yard is provided. Patios, pools and screen enclosures may encroach into the twelve foot (12') yard and may attach to the adjoining accessory use at the common property line. *6 - Distance between principal structures not inclusive of garages. Revised 03/08/2002 4-4 SECTION IV PRESERVE/OPEN SPACE AREA 4.1 4.2 4.3 4.4 PURPOSE The purpose of this Section is to identify permitted uses and development standards for the area within Henderson Creek designated on the Master Plan as "PO", Preserve/Open Space. GENERAL DESCRIPTION Areas designated as "PO", Preserve/Open Space on the Master Plan are designed to accommodate conservation, passive recreation and water management uses and functions. The approximate acreage of the Preserve/Open Space is indicated on the Master Plan. This acreage is based on conceptual designs and is approximate. Actual acreages of preserve areas will be provided at the time of Site Development Plan or Preliminary Subdivision Plat approvals in accordance with Division 3.3, and Division 3.2 respectively, of the LDC. PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures 1. Boardwalks, nature trails, shelters, and the like. 2. Water management structures. Any other conservation and related open space activity or use which is comparable in nature with the foregoing uses and which the Planning Services Director determines to be compatible in the Preserve/open space Area. DEVELOPMENT STANDARDS A. Minimum Yard Requirements From PUD or external Development tract boundary: From Internal tract boundary: Fifteen Feet (15') Ten Feet (10') Revised 03/08/2002 4-5 Bo From outside edge of Lake Maintenance Easement: Maximum Height of Structures: Twenty Feet (20') Twenty-five Feet (25') Revised 03/08/2002 5-1 SECTION V GENERAL DEVELOPMENT COMMITMENTS 5.1 5.2 5.3 5.4 PURPOSE The purpose of this Section is to set forth the development commitments for the Henderson Creek project. PUD MASTER DEVELOPMENT PLAN mo All facilities shall be constructed in accordance with the final site development plans, final subdivision plans and all applicable State and Local laws, codes and regulations except where specifically noted. Bo The PUD Master Plan (Exhibit A) is an illustration of the conceptual development plan. Tracts and boundaries shown on the plan are conceptual and shall not be considered final. Actual tract boundaries shall be determined at the time of preliminary subdivision plat or site development plan approval. Co All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all utilities. ENGINEERING mo Except as noted herein, all project development will occur consistent with Division 3.2 and 3.3 of the LDC. UTILITIES mo Water distribution, sewage collection and transmission systems shall be constructed throughout the project by the developer. Potable water and sanitary sewer facilities constructed within platted rights-of-way or within dedicated County utility easements shall be conveyed to Collier County, pursuant to Collier County Ordinance 97-17 except as may be provided in Section 2.4 of this document. Bo Upon completion of the utility facilities, they shall be tested to insure they meet Collier County's utility construction requirements in effect at the time construction plans are approved. Revised 03/08/2002 5-2 Co All customers connecting to the potable water and sanitary sewer system shall be customers of the County. 5.5 WATER MANAGEMENT A. A SFWMD surface water management print shall be approved prior to commencement of site work. Bo An Excavation Permit will be required for the proposed lakes in accordance with Division 3.5 of the Collier County LDC. All lake dimensions will be approved at the time of excavation permit approval. Co The Henderson Creek conceptual surface water management system is described in the Surface Water Management and Utilities Report, which has been included in the PUD Rezone application materials. 5.6 ENVIRONMENTAL Buffers shall be provided around wetlands, extending at leastl5 feet landward from the edge of wetland preserves and averaging 25 feet from the landward edge of wetland preserves. Where natural buffers are not possible, structural buffers shall be provided in accordance with state of Florida Environmental Resource Permit Rules and be subject to review and approval by Current Planning Section staff. Bo An exotic vegetation removal, monitoring and maintenance plan for the site, with emphasis on the preserve/open space areas, shall be submitted to Current Planning Environmental Staff for review and approval prior to final site plan/construction plan approval. A non-exclusive conservation easement or tracts shall be established on the plat for preserve areas identified on the PUD master plan, in accordance with Section 3.2.8.4.7.3 of the Collier County Land Development Code. 5.7 TRANSPORTATION mo Arterial level street lighting shall be provided by the developer at the project entrance, prior to issuance of a certificate of occupancy. Pedestrian/Bicycle facilities shall be provided within and between all residential areas including the multi-family areas. Interconnection shall be provided to adjacent properties as they are developed/redeveloped. 5-3 Do Access to US 41 shall require an FDOT connection permit which must be provided to the county prior to final site plan or preliminary subdivision plat approval. AGREEMENT AUTHORIZING AFFORDABLE HOUSING DENSITY BONUS AND IMPOSING COVENANTS AND RESTRICTIONS ON REAL PROPERTY THIS AGREEMENT is made as of the day of ,2002, by and between Gateway Shoppes Associates, LLC, (the "Developer") and the Collier County Board of County Commissioners (the "Commission"), collectively, the "Parties." RECITALS: A. The Developer has under purchase an option to purchase contract a tract of real property described as (complete legal description) See Exhibit "1" attached hereto Collier County, Florida (The "Property") The legal and equitable owners include Gateway Shoppes Associates, LLC It is the Developer's intent to construct a maximum of 500 residential units (the "Units") at a density of __10.9 units per gross acre on the Property. The gross acreage of Property is 45.8 acres. The number of affordable Units constructed by Developer shall be _500 , representing 100 percent of the total number of residential Units in the development. B. In order to construct the Units, the Developer must obtain a density bonus from the Commission for the Property as provided for in the Collier County Affordable Housing Density Bonus Ordinance No. 90-89, now codified by Ordinance 93-89, § 3, as Land Development Code (LDC) § 2.7.7., which density bonus can only be granted by the Commission and utilized by the developer in accordance with the strict limitations and applicability of said provisions. C. The Commission is willing to grant a density bonus to the Developer authorizing the construction of 363 bonus Units on the Property, if the Developer agrees to construct affordable Units as specified in this Agreement and the Developer covenants and agrees to use the affordable units only as rental property. NOW, THEREFORE, in consideration of the approval and granting of the density bonus of 8 units per acre requested by the Developer and the benefits conferred thereby on the Property, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Developer and the Commission hereby covenant and agree as fellows: Recitals. The above Recitals are true and correct and are incorporated Page 1 of'22 herein by reference. 2. Developer Agreements. The Developer hereby agrees that it shall construct 500 affordable Units which Units shall be rented in accordance with the terms and conditions of this Agreement and as specified by the attached Appendix A, Exhibits A, B, and C, which Appendix is incorporated by reference herein and constitutes a part of this Agreement. a. The following provisions shall be applicable to the affordable Units: (1) Defined terms: In the event of a conflict between terms as defined in the LDC or in Ordinance No. 90-89, Section 4, the definitions of the LDC will control when applying or interpreting this Agreement. In addition to these defined terms and the applicability of LDC § 2.7.7.4.5., "Phasing" shall mean (a) the phased construction of buildings or structures in separate and distinct stages as shown on a PUD master plan, subdivision master plan or site development plan; or (b) in developments where phased construction is not depicted on a PUD master plan, subdivision master plan or site development plan, the construction of buildings or structures in a clearly defined series of starts and finishes that are separate and distinct within the development. (2) Base Rent. The monthly base rent for the affordable Units shall be in accordance with the rents specified in the attached Appendix A, Exhibit A. The monthly rent may be increased each year from the date of this Agreement as long as the rent does not exceed one-twelfth (1/12) of 30 percent of an amount which represents 50 percent (for very Iow income), and 60 percent (for Iow income) of the then applicable median adjusted gross annual income for the household as published annually by the U.S. Department of Housing and Urban Development for the area defined as the Naples Metropolitan Statistical Area (MSA). The foregoing notwithstanding, any rent charged for an affordable housing unit rented to a Iow income or very Iow income family shall not exceed 90 percent of the rent charged for a comparable market rate dwelling in the same or similar development. (3) Median Income. For the purposes of this Agreement, the median income of the area as defined by the U.S. Department of Housing and Urban Development (HUD) shall be the then current median income for the Naples Metropolitan Statistical Area, established periodically by HUD and published in the Federal Register, as adjusted for family size as shown on the tables attached hereto as Appendix A, Exhibit C, which Exhibit shall be adjusted from time to time in accordance with any adjustments that are authorized by HUD or any successor agency. In the event that HUD ceases to publish an established median income as aforesaid, the Parties hereto shall mutually agree to another reasonable and comparable method of computing adjustments in Page 2 of 22 median income. (4) Eligibility and Qualification of Tenant. Family income eligibility is a three-step process: 1) submittal of an application by a prospective tenant; 2) verification of family housing unit provided under the affordable housing density bonus program prior to being qualified at the appropriate level of income (Iow or very Iow income) in accordance with this Section. The Developer shall be responsible for qualifying tenants by accepting applications from tenants, verifying income and obtaining income certification for all affordable units in the subject development. All applications, forms and other documentation required by this Agreement shall be provided to the Housing and Urban Improvement Director. Qualification by the Developer of any tenant as an eligible tenant family shall be subject to review and approval in accordance with the monitoring and enforcement program created and adopted by Resolution of the Commission in LDC §§ 2.7.7.5. and 2.7.7.6., respectively. (a) Application. A potential tenant shall apply to the developer, owner, manager, or agent to qualify as a Iow or very Iow income family for the purpose of renting and occupying an affordable housing rental unit pursuant to the affordable housing density bonus program. The Preliminary Application for Affordable Housing Unit shall be provided by the Housing and Urban Improvement Director as shown in Appendix B, Exhibit A, attached to this Agreement and incorporated by reference herein. (b) Income Verification and Certification. No affordable housing Unit in the development shall be rented to a tenant whose household income has not been verified and certified in accordance with this Agreement and Ordinance No. 90-89, as amended, as a Iow or very Iow income family. Tenant income verification and certification shall be repeated annually to assure continued eligibility. (c) Income Verification. The Developer shall obtain written verification from the potential occupant (including the entire household) to verify all regular sources of income (including the entire household). The most recent year's federal income tax return for the potential occupants (including the entire household) may be used for the purpose of income verification, if attached to the Affordable Housing Applicant Income Verification form, which includes a statement to release information, tenant verification of the return, and a signature block with the date of application. The verification shall be valid for up to ninety (90) days prior to occupancy. Upon expiration of the 90 day period, the information may be verbally updated from the original sources for an additional 30 Page 3 of 22 days, provided it has been documented by the person preparing the original verification. After this time, a new verification form must be completed. The Affordable Housing Applicant Income Verification form shall be provided by the Housing and Urban Improvement Director as shown in Appendix B, Exhibit B, attached to this Agreement and incorporated by reference herein. (d) Income Certification. Upon receipt of the Preliminary Application for Affordable Housing Unit and Affordable Housing Applicant Income Verification form, the housing unit under the affordable housing density bonus program. The Affordable Housing Applicant Income Certification form shall be provided by the Housing and Urban Improvement Director as shown in Appendix B, Exhibit C, attached to this Agreement and incorporated by reference herein. (e) Rental Agreement. At a minimum, the rental agreement shall include the following: (i) name, address, and telephone number of the head of household and all other occupants; (ii) a description of the unit to be rented; (iii) the term of the lease; (iv) the rental amount; (v) the use of the premises; (vi) monitoring and enforcement provisions, including disqualification of tenant; and (vii) the rights and obligations of the parties. Random inspection of files containing required documentation to verify occupancy in accordance with this Agreement and Ordinance No.90-89, as amended, may be conducted by the Housing and Urban Improvement Director. (5) Disqualification of Tenant. In the event that tenant qualification is not subsequently confirmed by the Housing and Urban Improvement Director or his designee, then such tenant shall be required to vacate the affordable unit. If tenant vacation of the affordable unit is the result of an error, omission or misrepresentation made by Developer, tenant shall vacate the affordable unit within thirty (30) days and Developer shall pay penalties as provided by the monitoring and enforcement program. If tenant vacation of the affordable unit is the result of a misrepresentation made by the tenant, tenant shall vacate the affordable unit within 15 days and shall pay penalties as provided by the monitoring and enforcement program. Such eventuality shall be expressly detailed in the lease agreement between Developer and tenant. (6) Annual Progress and Monitoring Report. The Developer shall provide the Housing and Urban Improvement Director an annual progress and monitoring report regarding the delivery of affordable housing rental units throughout the period of their construction, rental and occupancy. The annual progress and monitoring report shall, Page 4 of 22 at a minimum, provide any information reasonably required to insure compliance with Ordinance No. 90-89 or subsequent amendments thereto. The report shall be filed on or before September 30 of each year and the report shall be submitted by the Developer to the Housing and Urban Improvement Director. Failure to complete and submit the monitoring report to the Housing and Urban Improvement Director within sixty (60) days from the due date shall result in a penalty of up to fifty dollars ($50.00) per day unless a written extension not to exceed thirty (30) days is requested prior to expiration of the sixty (60) day submission deadline. No more than one such extension may be granted in a single year. (7) Occupancy Restrictions. No Affordable Unit in any building or structure on the Property shall be occupied by the Developer, any person related to or affiliated with the Developer, or by a resident manager. 3. Density Bonus. The Commission hereby acknowledges that the Developer has met all required conditions to qualify for a density bonus, in addition to the base residential density of 3 units per acre, and is therefore granted a density bonus of _~8.. density bonus units per acre, for a total (total - density bonus units per acre X gross acreage) of _363 density bonus units, pursuant to Collier County Affordable Housing Density Bonus Ordinance No. 90-89. The Commission further agrees that the Developer may construct thereon, in the aggregate a maximum number of 500 units on the Property provided the Developer is able to secure building permit(s) from Collier County. 4. Commission Agreement. During the term of this Agreement, the Commission acting through the Housing and Urban Improvement Department or its successor(s) covenants and agrees to prepare and make available to the Developer any general information that it possesses regarding income limitations and restrictions which are applicable to the affordable Unit. 5. Violations and Enforcement a. Violations. It shall be a violation of this Agreement and the Collier County Affordable Housing Density Bonus Ordinance to rent, sell or occupy, or attempt to rent, sell or occupy, an affordable housing rental unit provided under the affordable housing density bonus program except as specifically permitted by the terms of this Agreement; or to knowingly give false or misleading information with respect to any information required or requested by the Housing and Urban Improvement Director or by any other persons pursuant to the authority which is delegated to them by the Ordinance. Page 5 of 22 Collier County or its designee shall have full power to enforce the terms of this Agreement. The method of enforcement for a breach or violation of this Agreement shall be at the option of the Commission by criminal enforcement pursuant to the provisions of Section 125.69, Florida Statutes, or by civil enforcement as allowed by law. b. Notice of Violation for Code Enforcement Board Proceedings. Whenever it is determined that there is a violation of this Agreement that should be enforced before the Code Enforcement Board, then a Notice of Violation shall be issued and sent by the Housing and Urban Improvement Director by certified return- receipt requested U.S. Mail, or hand-delivery to the person or developer in violation of the Ordinance. The Notice of Violation shall be in writing, shall be signed and dated by the Housing and Urban Improvement Director or such other County personnel as may be authorized by the Board of County Commissioners, shall specify the violation or violation, Section of this Agreement or of Ordinance No. 90-89 or subsequent amendments thereto violated, name of the Housing and Urban Development Director, and date and time when the violator shall appear before the Code Enforcement Board. c. Certificate of Occupancy. In the event that the Developer fails to maintain the affordable units in accordance with this Agreement or with Ordinance No. 90-89, as amended, at the option of the Commission, bui~'ding permits or certificates of occupancy, as applicable, may be withheld for any future planned or otherwise approved unit located or to be located upon the Property until the entire project is in full compliance with this Agreement and with Ordinance No. 90-89, as amended. 6. Assignment by Commission. The Commission may assign all or part of its obligations under this Agreement to any other public agency having jurisdiction over the Property provided that it gives the Developer thirty (30) days advance written notice thereof. The Developer may not assign, delegate or otherwise transfer all or part of its duties, obligations, or promises under this Agreement to any successor in interest to the Property without the express written consent of the Commission, which consent may be withheld for any reason whatsoever. Any attempt to assign the duties, obligations, or promises under this Agreement to any successor in interest to the Property without the express written consent of the Commission as required by this Section shall be void ab initio. 7. Severability. If any section, phrase, sentence or portion of this Agreement is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and all Page 6 of 22 other provisions shall remain effective and binding on the parties. 8. Notice. Any notices desired or required to be given under this Agreement shall be in writing and shall either be personally delivered or shall be sent by mail, postage prepaid, to the parties at the following addresses: To the Commission: Housing & Urban Improvement Dept. 2800 N. Horseshoe Drive Naples, Florida 34104 To the Developer: Gateway Shoppes Associates, LLC C/o Schrage Development Company 8910 Purdue Road, Suite 350 Indiannoplis, IN 46268 Any party may change the address to which notices are to be sent by notifying the other party of such new address in the manner set forth above. 9. Authority to Monitor. The parties hereto acknowledge that the Director of Collier County Housing and Urban Improvement or his designee, shall have the authority to monitor and enforce the Developer's obligations hereunder. 10. Indemnify. The Developer hereby agrees to protect, defend, indemnify and hold Collier County and its officers, employees, and agents harmless from and against any and all claims, penalties, damages, losses and expenses, professional fees, including, without limitation, reasonable attorney's fees and all costs of litigation and judgments arising out of any claim, willful misconduct or negligent act, error or omission, or liability of any kind made by Developer, its agents or employees, arising out of or incidental to the performance of this Agreement. 11. Covenants. The Developer agrees that all of its obligations hereunder shall constitute covenants, restrictions, and conditions which shall run with the land and shall be binding upon the Property and against every person then having any ownership interest at any time and from time to time until this Agreement is terminated in accordance with Section 14 below. However, the parties agree that if Developer transfers or conveys the Property to another person or entity, Developer shall have no further obligation hereunder and any person seeking to enforce the terms hereof shall look solely to Developer's successor in interest for the performance of said obligations. 12. Recording. This Agreement shall be recorded at Developer's expense in the official records of Collier County, Florida. 13. Entire Agreement. The parties hereto agree that this Agreement constitutes the entire Agreement between the parties hereto and shall inure to and be binding upon their respective heirs, successors, and assigns. 14. Termination. Each affordable housing unit shall be restricted to remain and be maintained as the type of affordable housing rental unit (Iow or very Iow income) Page 7 of 22 designated in accordance with this Agreement for at least fifteen (15) years from the date of issuance of a Certificate of Occupancy for such unit. After fifteen (15) years this Agreement may terminate upon a date mutually agreed upon by the parties and stated in writing. 15. Modification. This Agreement shall be modified or amended only by the written agreement of both parties. 16. Discrimination. a. The Developer agrees that neither it nor its agents shall discriminate against any tenant or potential tenant because of said tenants race, color, religion, sex, national origin, familial status, or handicap. b. When the Developer advertises, rents, sells or maintains the affordable housing unit, it must advertise, rent, sell, and maintain the same in a non- discriminatory manner and shall make available any relevant information to any person who is interested in renting or purchasing such affordable housing unit. c. The Developer agrees to be responsible for payment of any real estate commissions and fees assessed in the rental or purchase of affordable units. e. The affordable housing units shall be intermixed with, and not segregated from, the market rate dwelling units in the development. f. The square footage, construction and design of the affordable housing units shall be the same as market rate dwelling units in the development. All physical amenities in the dwelling units, as described in item number seven (7) of the Developer Application for Affordable Housing Density Bonus shall be the same for market rate units and affordable units. For developments where construction takes place in more than one phase, all physical amenities as described in item number seven (7) of the Developer Application for Affordable Housing Density Bonus shall be the same in both the market rate units and the affordable units in each phase. Units in a subsequent phase may contain different amenities than units in a previous phase so long as the amenities for market rate units and affordable units are the same within each phase and provided that in no event may a market rate unit or affordable unit in any phase contain physical amenities Application. 17. Phasing. The percentage less than those described in the Developer of affordable housing units to which the Developer has committed for the total development shall be maintained in each phase and shall be constructed as part of each phase of the development on the Property. Developer commits to 100-percent affordable housing units for this project, with 100- percent of the units in each phase as built consisting of affordable units. Page 8 of 22 18. Disclosure. The developer shall not disclose to persons, other than the potential tenant, buyer or lender of the particular affordable housing unit or units, which units in the development are designated as affordable housing units. 19. Consistency. This Agreement and authorized development shall be consistent with the Growth Management Plan and land development regulations of Collier County that are in effect at the time of development. Subsequently adopted laws and policies shall apply to this Agreement and to the development to the extent that they are not in conflict with the number, type of affordable housing units and the amount of affordable housing density bonus approved for the development. 20. Affordable Housing Density Bonus Development Agreement. This Agreement is a distinct and separate agreement from development agreements as defined by Chapter 163.3220, Fla. Stat. (1989) and as amended. 21. Preapplication. Developer has executed and submitted to the Development Services Director the Developer Application for Affordable housing Density Bonus, a copy of which is attached to this Agreement as Appendix C and incorporated by reference herein. 22. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. 23. Further Assurances. The parties hereto shall execute and deliver, in recordable form if necessary, any and all documents, certificates, instruments, and agreements which may be reasonably required in order to effectuate the intent of the Agreement. Such documents shall include but not be limited to any document requested by the Developer to exhibit that this Agreement has terminated in accordance with the provisions of paragraph 14 above. IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the day and year first above written. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Deputy Clerk By: Approved as to form and legal sufficiency: James N. Coletta, Chairman Patrick G. White Assistant County Attorney Page 9 of 22 DEVELOPER: By: Witnesses: (PRINT AND SIGN NAMES BELOW) Print Name-Wts. 1 Print Name-Wts. 2 STATE OF FLORIDA ) COUNTY OF COLLIER ) The foregoing Agreement Authorizing Affordable Housing Density Bonus And Imposing Covenants And Restrictions On Real Property was acknowledged before me by as of 2002. WITNESS my hand and official seal this day of My Commission Expires: Notary Public Page 10 of 22 APPENDIX Al EXHIBIT A NUMBER OF AFFORDABLE HOUSING UNITS/MONTHLY BASE RENTS LOW INCOME (60% MI) Efficiency 1 Bedroom 2 Bedroom 3 Bedroom 4 Bedroom NUMBER OF UNITS BASE RENT Single Multi Single Multi Family Family Family Family __70 $70 119 $942 138 $1,089 TOTAL 327 VERY LOW INCOME (50 % MI) Efficiency 1 Bedroom 22 .. $654 2 Bedroom 35 $785 3 Bedroom 43 $907 4 Bedroom TOTAL 100 VERY-VERY LOW INCOME (35 % MI) Efficiency 1 Bedroom 6 $458 2 Bedroom 9 $549 3 Bedroom 10 $635 4 Bedroom TOTAL 25 (1) Base residential density allowed in this development 3 units/acre. (2) Gross acreage 45.8 (3) Maximum number of affordable housing density bonus units allowed in this development pursuant to Section 7 Ordinance 90-89. 8 units/acres. (4) Gross residential density of this development (including affordable housing density bonus units) 10.9 units/acre. (5) Percentage of affordable units pledged by the developer (as a percent of the total number units in the development) _100%. (6) The remaining 48 units of affordable housing may be constructed in any number in any affordable income classification. Page 11 of 22 APPENDIX AT EXHIBIT B AFFORDABLE HOUSING DENSITY BONUS RATING SYSTEM Section 7, Ordinance No. 90-89, provides for calculation of a density bonus for developers pledging to construct affordable units within their development. Included in this Exhibit B are instructions for and the tables with which to calculate the density bonus for a particular project. Exhibit C contains the current median income and acceptable rents for low and very low income households in Collier County. The affordable housing density bonus rating system shall be used to determine the amount of the affordable housing density bonus which may be granted for a development based on household income level, number of bedrooms per affordable housing unit, type of affordable housing units (owner-occupied or rental, single-family or multi-family) and percentage of affordable housing units in the development. To use the affordable housing density bonus rating system, Tables A and B, below, shall be used. Tables A and B shall be reviewed and updated if necessary on an annual basis by the Board of County Commissioners or its designee. First, choose the household income level (moderate, low, or very low) of the affordable housing unit(s) proposed in the development, and the type of affordable housing units (owner-occupied or rental, single-family or multi-family, where applicable) to be provided, as shown in Table A. Then, referring again to Table A, choose the number of bedrooms proposed for the affordable housing unit(s). An affordable housing density bonus rating based on the household income level and the number of bedrooms is shown in Table A. After the affordable housing density bonus rating has been determined in Table A, locate it in Table B, and determine the percent of that type of affordable housing unit proposed in the development compared to the total number of dwelling units in the development. From this determination, Table B will indicate the maximum number of residential dwelling units per gross acre that may be added to the base density. These additional residential dwelling units per gross acre are the maximum affordable housing density bonus (AHDB) available to that development. Developments with percentages of affordable housing units which fall in between the percentages shown on Table B shall receive an affordable housing density bonus equal the lower of the two percentages it lies between plus 1/10th of a residential dwelling unit per gross acre for each additional percentage of affordable housing rental units in the development. For example, a development which has 24% of its total residential dwelling units as affordable housing units, and which has an affordable housing density bonus rating of "four" will receive an affordable housing density bonus (AHDB) of 4.4 residential dwelling units per gross acre for the development. Where more than one type of affordable housing unit (based on level of income and number of bedrooms shown in Table A) is proposed for a development, the affordable housing density bonus for each type shall be calculated separately in Table B. After the affordable housing density bonus calculations for each type of affordable housing unit have been completed in Table B, the affordable housing density bonus for each type of unit shall be added to those for the other type(s) to determine the maximum affordable housing density bonus available for the development. In no event shall the affordable housing density bonus exceed eight (8) dwelling units per gross acre. Page 12 of 22 APPENDIX Al EXHIBIT B AFFORDABLE HOUSING DENSITY BONUS RATING SYSTEM Please calculate your density bonus in the space provided below. Attach additional pages if necessary. TABLE A: AFFORDABLE HOUSING DENSITY BONUS RATINC LEVEL OF HOUSEHOLD INCOME NUMBER OF BEDROOMS/UNIT EFFICIENCY 2 3 OR AND 1 MORE MODERATE (OWNER-OCCUPIED, SINGLE-FAMILY) LOW (OWNER-OCCUPIED OR RENTAL SINGLE-FAMILY OR MULTI- FAMILY) VERY LOW (OWNER OCCUPIED OR RENTAL, SINGLE-FAMILY OR MULTI-FAMILY) 0 1' 1' 2 3 4 3 4 5 *For cluster housing developments in the Urban Coastal Fringe, add 1 density bonus to obtain 2. TABLE B: AFFORDABLE HOUSING DENSITY BONUS ,(ADDITIONAL AVAILABLE DWELLING UNITS PER GROSS ACRE) AFFORDABLE HOUSING DENSITY BONUS RATING % OF AFFORDABLE HOUSING UNITS 1 2 3 4 5 10% 20% 30% 40% 0 0 1 2 0 1 2 3 2 3 4 5 3 4 5 7 4 5 7 8 Page 13 of 22 APPENDIX A, EXHIBIT C INCOME AND RENT LEVELS FOR THE LOW AND MODERATE INCOME. Pursuant to the Impact Fee Ordinances, adopted by the Board of County Commissioners, December 16, 1992, moderate income is 61% to 80% of the median income, low income is 51% to 60% of the median income and very low income is less than 50% of the median income. $65,000 MEDIAN INCOME 2001 Naples, MSA (Collier County) NUMBER OF MEMBERS IN FAMILY 100% 80% 60% 5O% 35% 25% 45 500 36 400 27 300 22 750 15925 11375 52,000 58,500 65,000 41,600 46,800 52,000 31,200 35,100 39,000 26,000 29,250 32,500 18,200 20,475 22,750 13,000 14,625 16,250 70 200 56 150 42100 35100 24.570 17.550 75,400 80,600 85,800 60,300 64,500 68,650 45,200 48,400 51,500 37,700 40,300 42,900 26,390 28,210 30,030 18,850 20,150 21,450 RECOMMENDED RENTAL RATES The Florida Housing Finance Corporation (FHFC) calculates rents to use in the State Apartment Incentive Loan (SAIL) and the Low-Income Rental Housing Tax Credit (LI/-ITC) programs. The rents given below are based on 2001 data from FHFC. Utility costs are provided from the County's Section 8 Rental Assistance Program which is administered by the Collier County Housing Authority. HOUSING COSTS BASED ON 30% FAMILY INCOME ONE BEDROOM TWO BEDROOMTHREE BEDROOMFOUR BEDROOM UNIT UNIT UNIT UNIT 100% 1,218 1,462 1,690 1,884 80% 975 1,170 1,351 1,507 60% 731 877 1,014 1,131 50% 609 731 845 942 35% 426 511 591 659 25% 304 365 422 471 UTILITY ALLOWANCES ONE B/R TWO B/R THREE B/R FOUR B/R LO CATION UNIT UNIT UNIT UNIT Naples and Coastal Collier County 71.00 91.00 128.00 156.00 Immokalee and East of Everglades Blvd. 67.00 106.00 148.00 173.00 Golden Gate 96.00 144.00 186.00 211.00 YOU MUST DEDUCT UTILITIES TO CALCULATE NET RENTS f/densitybonus/inc&rent rev. 4/01 Page 14 of 22 APPENDIX Bt EXHIBIT A PRELIMINARY APPLICATION FOR AFFORDABLE HOUSING UNIT Date Occupancy Desired: Your Name: Co-Tenant Name Present Address: Date of Application: Amt. Of Sec. Deposit: Race/National Origin: Handicap: Yes __ No__ Race/National Origin: Handicap: Yes __ No__ Name of Landlord Landlord's Address: Street City State Zip Telephone No. How Long at this Address: Street City State Zip Telephone No. If you have resided at your present address less than 3 years, please state previous address: Street Name of Previous Landlord City State Zip Telephone No. Street APPLICANT: Present Employers Name City State Zip Telephone No. Address and Telephone No. How long with Present Employer: Title Gross Salary: Hourly $~ Social Security Number Previous Employers Name Weekly $.~ Job Every 2 Weeks $ Birth Date Monthly $ Address and Telephone No. How long with Previous Employer CO-TENANT: Present Employers Name Job Title Address and Telephone No. How long with Present Employer: Gross Salary: Hourly $~ Social Security Number Previous Employers Name Address and Telephone No. Weekly $ Job Title Every 2 Weeks $. Birth Date Monthly $. Page 15 of 22 How long with Previous Employer NAMES OF ALL WHO WILL OCCUPY APARTMENT PERSONAL REFERENCES (Not Relatives) 1. Name: Address: 2. Name: Address: Job Title BIRTH DATE SEX AGE SOCIAL SECURITY How Long Known: How Long Known: Page 16 of 22 APPENDIX BT EXHIBIT B AFFORDABLE HOUSING APPLICANT INCOME VERIFICATION Date: Applicant' s Name: Co-Tenant's Name:: Present Address: Social Security Number Social Security Number Street City State Zip Telephone No. I hereby make application for an apartment at Apartments. I hereby declare and reveal all of my sources of income. I am aware that to leave out, omit or fail to report my assets or forms of income from pensions, stocks, bonds, real property rent, sale or ownership is a fraudulent act punishable by law. Knowingly falsifying information on this form is cause for refusal of occupancy. I hereby certify that this will be my permanent residence and that I have no other assisted housing. I understand that this information is for the purpose of computing my annual income to determine my qualification to rent/buy an affordable housing unit. I understand that I am not required to surrender my ownership or rights or claimed property, pensions or capital gains, etc. Applicant Co-Tenant Amount Frequency Amount Frequency Received of Pay Received of Pay Wages/Salary $ $ $ $ Bonuses $ $ $ $ Tips $ $ $ $ Commissions $ $ $ $ Interest Income $ $ $.~ $ Trust Fund Income $ $ $ $ Unemployment $ $ $ $ Workman's Compensation $. $ $ $. Welfare $ $ $ $ Food Stamps $ $ $ $ Social Security $ $ $ $ Social Security Disability $ $ $__ $ Supplemental SSI $ $ $~ $ Family Assistance $ $ $ $ Child Support $ $ $~ $ Veterans Benefits $ $ $ $ Widows Benefits $ $. $.~ $ Union Pension $ $ $ $ Self-Employment Business, Silent Partner, etc. $ $~ $__ $ Private Insurance Pension $ $ $_ $. TOTAL ANNUAL INCOME $ $ THE VERIFICATION HERE REQUESTED MAY TAKE THE FORM OF THE MOST RECENT YEAR'S INCOME TAX RETURN FOR EACH OCCUPANT WHO HAS FILED AND WILL OCCUPY THE AFFORDABLE UNIT. THE SAME MUST BE EXECUTED FOR EACH OCCUPANT OF THE HOUSEHOLD WHO CONTRIBUTED TO THE ANNUAL HOUSEHOLD INCOME. FAILURE TO REPORT ALL SOURCES OF HOUSEHOLD INCOME WILL RESULT IN DISQUALIFICATION FOR TENANCY IN AFFORDABLE HOUSING UNIT. Page 17 of 22 APPENDIX B, EXHIBIT B AFFORDABLE HOUSING APPLICANT INCOME VERIFICATION APPLICANT: Present Employer: Job Title: Address: Street I, (Applicant) on this verification form. City State Zip ., hereby authorize the release of information requested STATE OF FLORIDA ) ) ss COUNTY OF COLLIER) The foregoing was acknowledged before me by Witness my hand and official seal this Signature of Applicant day of ,2001. My Commission Expires: Notary Public EMPLOYER VERIFICATION Applicant's Gross Annual Income or Rate or Pay: $ Number of Hours Worked (Weekly): Frequency of Pay: Amount of Bonuses, Tips, or other Compensation Received: $ Monthly Annually STATE OF FLORIDA ) ) ss COUNTY OF COLLIER) The foregoing was acknowledged before me by Witness my hand and official seal this Supervisor day of ,2001. My Commission Expires:. Notary Public THE VERIFICATION HERE REQUESTED MAY TAKE THE FORM OF THE MOST RECENT YEAR'S INCOME TAX RETURN FOR EACH OCCUPANT WHO HAS FILED AND WILL OCCUPY THE AFFORDABLE UNIT. Page 18 of 22 APPENDIX C DEVELOPER APPLICATION FOR AFFORDABLE HOUSING DENSITY BONUS Pursuant to the requirements of the Collier County Affordable Housing Density Bonus Ordinance No. 90-89, Section 6.4, please complete this form and submit it with any accompanying documentation to the Development Services Director, 2800 North Horseshoe Drive, Naples, Florida 34104. A copy must also be provided to the Housing and Urban Improvement Director. All items requested must be provided. 1. Please state what zoning districts are proposed by the applicant, if any, on the property and the acreage of each; PUD Density bonus? X Yes If yes, state date of application Ordinance number 3. Has an application for rezoning been requested in conjunction with the affordable housing No and if the request has been approved, state the Gross density of the proposed development. 10.9 units/acre. Gross acreage of the proposed development. 45.8 acres. Are affordable housing density bonus units sought in conjunction with an application for a planned unit development (PUD)? X Yes No. If yes, please state name and location of the PUD and any other identifying information. __.Henderson Creek PUD Name of applicant __ Gateway Shoppes Associates, LLC Name of land developer if not the same as Applicant: 6. Please complete the following tables as they apply to the proposed development. Page 19 of 22 TABLE I Type of Unit Efficiency One Bedroom 108 Two Bedroom 176 Three Bedroom 216 Other Bedroom TOTAL 500 (o Total Number of Units in Development Owner ,Rental Occupied (1) The remaining 48 units of affordable housing may be constructed in any number in any affordable income classification. Page 20 of 22 TABLE II Number of Affordable Housing Units Total Number of Affordable Units in Development MODERATE INCOME (80% MI) Efficiency 1 Bedroom 2 Bedroom 3 Bedroom Other TOTAL LOW INCOME (60% MI) Efficiency 1 Bedroom 70 2 Bedroom 119 3 Bedroom 138 Other TOTAL 327 Proposed Use for Density Bonus Units Owner Owner Rental Occupied Rental Occupied Total Number of Affordable Units in Development Rental Owner Occupied VERY LOW INCOME (50% MI) Efficiency 1 Bedroom 22 2 Bedroom 35 3 Bedroom 43 Other $785 __$942 $1,089 TOTAL 100 Proposed Use for Density Bonus Units Rental Owner Occupied __.$654 $785 $907 Page 21 of 22 Total Number of Affordable Units in Development Rental Owner Occupied VERY-VERY LOW INCOME (35% MI) Efficiency 1 Bedroom 6 2 Bedroom 9 3 Bedroom 10 Other TOTAL 25 Proposed Use for Density Bonus Units Rental Owner Occupied $458 $549 _$635 The remaining 48 units of affordable housing may be constructed in any number in any affordable income classification. 7. Please provide a physical description of the affordable units by type of unit (moderate, low, very low income) and by number of bedrooms. Include in your description, for example, the square footage of each type of unit, floor coverings used throughout the unit (carpeting, tile, vinyl flooring); window treatments; appliances provided such as washer/dryer, dishwasher, stove, refrigerator; bathroom amenities, such as ceiling exhaust fans; and any other amenities as applicable. Attach additional pages. Please supply any other information which would reasonably be needed to address this request for an affordable housing density bonus for this development. Attach additional pages. Page 22 of 22 EXECUTIVE SUMMARY_ APPOINTMENT OF MEMBER(S) TO THE COUNTY GOVERNMENT PRODUCTIVITY COMMITTEE OBJECTIVE: To appoint 1 member to serve a 2 year term, expiring on February 4, 2004 on the County Government Productivity Committee. CONSIDERATIONS-: This committee is composed of 11 members, with the vice chair of the Board of County Commissioners serving in a liaison capacity. The members are appointed by resolution of the Board of County Commissioners for a two-year term and must be permanent residents and electors of Collier County. Committee members are required to possess special expertise and experience related to managing large organizations, and must be balanced in representing the views of the community. The committee reviews the efficiency of departments of County Government under the jurisdiction of the Board of County Commissioners. The conunittee may analyze and review existing structure, organization, staffing, management, functions, business practices, and procedures of any or all parts of county government and make recommendations for increased efficiency and cost-effectiveness. The committee may also assist in the implementation of those recommendations. A list of the current membership is included in the backup. Mr. Karl J. Otto's term expired on February 4, 2002 and he did not request reappointment. A press release was issued and resumes were received from the following interested citizen: APPLICANT. CATEGORY DIST. ELECTOR ADV. COMM: [ %lark Stout _L Auditor ljJ~~l None COMMITTEE RECOMMENDATION..: No Recommendation - see memorandum from Productivity Committee, page two. FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT.: NONE RECOMMENDATION_: That the Board of County Commissioners consider the request for appointment, appoint 1 member, and direct the County Attorney to prepare a resolution conf'u'ming the appointment. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: March 12, 2002 MEMORANDUM TO: FROM: DATE: RE: Sue Filson, Executive Manager Board of County Commissioners Winona Stone, Budget Analyst and Productivity Committee Staff Liaison February 21, 2002 Productivity Committee's Recommendation for Membership Appointments received. The In response to the Productivity Committee advertised vacant positions, one application was Productivity Committee is forwarding this application for the Boards consideration of a two-year appointment expiring February 2004. The applicant is registered to vote in Collier County. Ordinance 2001-37, re-creating the County Government Productivity Committee, mandates that: The Committee shall be composed of eleven (I 1) members who are appointed by resolution of the Board of Count)' Commissioners. They shall possess special expertise and experience related to managing large organizations, but the membership shall be balanced in representing views of the community." In consideration of this mandate, the Productivity Committee wishes to point out to the Board that the applicant is a member of the County Republican Executive Committee, as are 2 of the current 8 Productivity Committee members. NAME TYPE OF TER~M DISTRICT FIELD OF EXPERTISE APPOINTMENT Mark Stout Initial A_p. pointment 1 2 Auditing for Public Accounting Firms and Large Financial Institutions Please advise should you need additional information. Winona Walker Stone Budget and Management Analyst Collier County Government 3301 East Tamiami Trail Naples, Florida 34112 Voice (941) 774-8935 Fax (941) 774-8828 £mall Winona Stone ~ colliergov.net MEMORANDUM DATE: January 18, 2002 TO: Elections Office FROM: Sue Filson, Executive Manage Board of County Commissioners Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. COU~"NTY GOVERNMENT PRODUCTIVITY COMM Mark Stout 280 Cypress Way West Naples, FL 34110 COMMISSION DISTRICT Thank you for your help. County Government Productivity Committee Natne Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Mr. William E. Adams 254-9440 785 Carrick Bend Circle, #103 596-8228 Naples, FL 34110 District: 2 Category: Productivity Improvements/Exp Contr Mr. Tom Henning 3301 E. Tamiami Trail Naples, FL 34112 District: 3 Category: Vice-Chairman 774-8097 Mr. Donald Campbell 6849 Crenadier Boulevard, #1101 Naples, FL 34108 District: 2 Category: Corporate Management 598-3426 Mr. Karl J. Otto 901 Collier Court, No. #-201 642-3798 Marco Island, FL 34145 District: 2 Category: Const Engineer & Management Mr. Edward T. Ferguson 215 Silverado Drive Naples, FL 34119 District: 3 Category: Business Mgmt/Education Ms. Janet Vasey 4398 Longshore Way North Naples, FL 34119 District: 3 Category: Budget & Financial Anaysis 5984378 02/l 3/01 02/04/03 2 Years 01/22/02 01/14/03 1 Year 03/23/99 02/04/01 2 Years 02/13/01 02/04/03 2 Years 11/07/95 02/04/96 03/14/00 02/04/07. 3 Mo. 2 Years 02/28/95 02/04/97 2 Years 02/13/01 02/04/03 2 Years 01/12/99 02/04/00 1 Year 01/22/02 02/04/04 2 Years Thursday, February 21, 2002 Page I of 3 Name County Government Productivity Committee Work Phone Appt'd Exp. Date Home Phone DateRe-appt 2ndExpDate 2nd Tertn VACANT Naples, FL District: Category: .0W Mr. Thomas Casale i't9~3'' ?°9- 109 Flamingo Circle Marco Island, FL 34145 District: 1 Category: Sales & Marketing Consulting 394-0943 Mr. James R. Gibson, Jr. 5041 Mabry Drive Naples, FL 34112 District: 1 Category: Budget & Financial Mgmt 732-8830 Dr. James T. Hornet 774-1791 4704 Ossabaw Way 596-1339 Naples, FL 34112 District: Category: Financial Mgmt; Leadership & StaffDev Ms. Jean Ross-Franklin 3514 Ocean BluffCourt 348-8480 Naples, FL 34120 District: 5 Category': Professor; Org Structure & Mgmt; Rese Mr. Dexter R. Groose 659-0489 5202 High Street 659-0389 Naples, FL 34105 District: 2 Category: Performance Analysis & alue Analysis Thursday, February 21. 2002 02/04/03 03/13/01 02/04/03 2 Years 11/09/99 02/04/00 3 Months 01/22/02 02/04/04 2 Years 03/14/01 02/04/02 1 Year 01/22/02 02/04/04 2 Years 03/14/01 02/04/02 1 Year 01/22/02 02/04/04 2 Years 01/22/02 02/04/04 2 Years Page 2 of 3 County Government Productivity Committee Work Phone Appt'd Exp. Date Term Name Home Phone DateRe-appt 2ndExpDate 2nd Term This 11 member committee was created on 01/20/91 by Ord. No. 91-10 (amended by Ord. No. 93-13, 96-10 & 2001-37). The committee is composed of 11 members, with the vice chair of the BCC serving in a liaison capacity. Committee members are required to possess special expertise and experience related to managing large organizations, and must be balanced in representing the views of the community. The committee reviews the efficiency of departments of County Government under the jurisdiction of the BCC. The committee may analyze and review existing structure, organization, staffing, management, functions, business practices, and procedures of any or all parts of county government and make recommendations for increased efficiency and cost-effectiveness. They may a~so assist in the implementation of those recommendations. Terms are 2 years. FL STAT Staff: Winona Stone, Budget Analyst: 774-8810 Thursday, FebruoO' 21, 2002 Page 3 of 3 MEMORANDUM DATE: TO: FROM: January 18, 2002 Winona Stone, StaffLiaison County Government Productiv~ ~mrnittee Sue Filson, Executive Manager,~/_~' Board of County Commissioner~, County Government Productivity Committee As you know, we currently have vacancies on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: Mark Stout 280 Cypress Way West Naples, FL 34110 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time-frame, and I will prepare an executive surmnm3, for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments 1 2 22 2 0~/17/2002 17:12 94156~1901 "Board of County Commissioners WENTZEL BERRY WENTZE Board of Cot, uty Com,nissione,'s 3301 E:Isl Tamiami Trail N'ap cs. FL 34112 (941) 774-8( 97 Fax: (941) 774-3602 , PAGE 81/81 Page 1 of 2 Applic'ation for Ath'i.~ory ('(,mmilteeslll,:trds Botrd or Commmee Applied for: Category (if applicable): £xample: Commission Dlstricl, Devdoper. environmentalist, lny person, tlr. Are you a registered voter in Collier Count~': Yes ~ . Do you currently hold public office? Yes No No If so, what is that office? Do you now serve, or have you cvcr scrvcd, on a Collier County board or committee'?. Yes please list the committees/boards: No / If yes, Please lisi yoyr epmmunity, activities (civic clubs, neighborhood associations, etc. and po_sitions Experience: .... http://colliergov.net/gov/app.hlxn 1/15/02 EXECUTIVE SUMMARY CONFIRM APPOINT OF MEMBER(S) TO THE HEALTH AND I-IL~AN SERVICES COMMITTEE REPRESENTING NAPLES AREA CHAMBER OF COMMERCE OBJECTIVE: To confirm the appointment of 1 member representing the Naples Area Chamber of Conunerce on the Health and Human Service Advisory Committee. CONSIDERATIONS: This 16 member committee was created on June 26, 2001 by Ordinance No. 2001-4[} to assist staff in developing a comprehensive health and human services plan and propose an integrated system of private and public funding to meet the needs of local health and human service agencies. The committee consists of members from a broad base of citizens and disciplines including: The United Way, Community Foundation of Collier County, Collier County Community-Based Care Alliance, SW FL Workforce Development Board, Public School District, Sheriff's Office, Hunger & Homeless Coalition, Naples Chamber of Commerce, Mental Health Association, Dental Association, Naples Community Hospital, Cleveland Clinic, Banking and Trust Industry, Health Care Planning & Finance Committee, Health Insurance Industry, and a local independent Health Care Provider. Terms are 1 year. A list of the current membership is included in the backup. A letter dated March 1, 2002 was received from the Naples Area Chamber of Commerce submitting the name of Mark Gianquitti to represent the Naples Area Chamber of Commerce on the conmfittee. FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATIONs: That the Board of County Commissioners consider the request by the Naples Area Chamber or-Commerce and confirm the appointment of Mark Gianquitti and direct the County Attorney to prepare a resolution confirming the appointment. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: MARCH 12, 2002 NAPLES CHA~IBER TEL:941-262-8374 P, OD2 .~I.~R.,-01' 02(FRI) 14:45 Iqaples Area £hamb of Corotar[ce March 1,2002 Sue Filson, Executive Manager Board of County Commissioners 3301 Tamiami Trail East, Bldg., F Naples, FL 34112 Re: Health and Human Services Committee Dear Ms. Filson: The departure of Dawn Jantsch from the Naples Area Chamber of Commerce produced a vacancy on the Health and Human Services Committee and the Chamber without representation on the committee. I respectfully submit for consideration myself, Mark Gianquitti, to occupy this unfi[led position. Sincelely, ~ Vice-President, Member Services Naples Area Chamber of Commerce AD~dlIIIS'~'fiOI4 - 3620 lnrn,~,.ni l~,.,,~ Ned - Nal}~es. f{~,,ido 34103-3124 - Phone [94 l) 262.4376 - Fat (941) 262-8374 - v~,,,w.~e~r, hon~he VISITOR & IMFO~{t,{ATION CEMI]{{ - ~gS 5~ J~enue Sou~ - NoCJes. ;~r~ 34102-6605. ~o,'ne 4941) 262.6141 - Fo{ (941) 435.9710 Nam~ Health and Human Services Advisory Committee Work Phone AD£t'd Exp. Date Home ?hone Da~¢Re-app! 2ndExpDate 2nd Term Mr. Joe Paterno 992-8000 1271 Foxtrot Court 643-4811 Naples, FL 34104 District: 3 Category: SW FL Workforce Development Bd. Mr. George Drobinski 455-2655 4626 Lakewood Boulevard 455-6131 Naples, FL 34112 District: 1 Categor),: Catholic Charities of Collier County Dr. William P. Lascheid ¥~bxc~''e°t- 261-6600 372 Edgemere Way, North 262-6608 Naples, FL 34105 District: 2 Categoo': Independent Health Care Provider Mr. Edward A. Morton 116 Palmetto Dunes Circle Naples, FL 34113 DA'trict: 1 Category: NCH Healthcare System 436-5113 7744754 Mr. Fielding Epstein 9816 Rockybank Naples, FL 34109 District: 2 Category: Cleveland Clinic 348-4488 593-9556 Ms. Tina Marie Osceola 793-9505 4447 29th Avenue, S.W. 354-0430 Naples, FL 34116 District: 3 Category: Collier County Sheriff's Office 10/23/01 06/26/02 1 Year 10/23/01 06/26/02 1 Year 10/23/01 06/26/02 1 Year 10/23/01 06/26/02 I Year 10/23/01 06/26/02 1 Year 10/23/01 06/26/02 1 Year Friday, October 26, 2001 Page 1 of 4 Health and Human Services Advisory Committee Work Phone Appt'd Exp. Date Home Pho, e DateRe-appt 2ndExpDate Term 2nd Terrn Mr. Ernie Bretzmann 2284 50th Terrace. S.W. Naples, FL 34116 District: 3 Category: United Way 261-7112 455-3496 Ms. Dee S. Whinnery 430-5704 481 31 st Street, S.W. 354-9804 Naples, FL 34117 District: 5 Categor)': Collier County School Board Ms. Susan Luenberger 649-5000 479 Rudder Road 213-9275 Naples, FL 34102 District: 4 C~ategor3,: Community Foundation of Collier Count Mr. Wayne Sakamoto 2664 White Cedar Lane Naples, FL 34109 Dis'trict: 3 (~ategor)': Health Insurance Industry 591-199 591-1199 Mr. Mark F. Rhein 7522 Cordoba Circle Naples, FL 34109 District: 2 Category: Banking and Trust Industry 598-0598 594-6441 Ms. Petra M. Jones P.O. Box 1 Ft. Myers, FL 33902 District: Category: Mental Health Association 261-5405 731-2206 10/23/01 06/26/02 1 Year 10/23/01 06/26/02 I Year 10/23/01 06/26/02 1 Year 10/_o/O 1 06/26/02 I Year 10/23/01 06/26/02 1 Year 10/23/01 06/26/02 I Year 31onday, 31arch 04, 2002 Page 2 of 4 f~r[llH¢ Health and Human Services Advisory Committee Work Phone Appt'd Exp. Date Home Phone DateRe-appt 2ndExpDate 2nd Term Mr. Edward T. Ferguson 10/23/01 215 Silverado Drive Naples, FL 34119 District: 3 Category: County Government Productivity Comm Dr. Keith Riley 671 Goodlette Road, N. Naples, FL 34120 District: Categoo': Dental Association 262-1522 10/23/01 Mr. Jim Coletta 3301 East Tamiami Trail Naples, FL 34112 District: 5 Category: County Commissioner 774-8097 10/23/01 Naples, FL Di.q'trict: Category: Chamber of Commerce Naples, FL District: Categoo,: Health Care Planning & Finance Commit 06/26/02 06/26/O2 06/26/02 06/26/02 06/26/02 I Year I Year I Year I Year I Year Friday, October 26, 2001 Page 3 of 4 Health and Human Services Advisory Committee Work Phone Appt'd Exp. Date Home Phone I)ateRe-appt 2ndExpDate Term 2nd Term This 16 member committee plus 1 commissioner was created on June 26, 2001 by Ordinance No. 2001-40 to assist staff in developing a comprehensive health and human sen/ices plan and propose an integrated system of private and public funding to meet the needs of local health and human service agencies. The committee consists of members from a broad base of citizens and disciplines including: The United Way, Community Foundation of Collier County, Collier County Community-Based Care Alliance, SW FL Workforce Development Board, Public School District, Sheriff's Office, Hunger & Homeless Coalition, Naples Chamber of Commerce, Mental Health Association, Dental Association, Naples Community Hospital, Cleveland Clinic, Banking and Trust Industry, Health Care Planning & Finance Committee, Health Insurance Industry, and a local independent Health Care Provider. Terms are 1 year. FL STAT Staff: Leo Ochs, Assistant County Manager: 774-8383 Friday. October 26. 2001 Page 4 of 4 EXECUTIVE SUMMARY APPOINTMENT OF MEMBER(S) TO THE HEARING OFFICER ADVISORY COMMITTEE OBJECTIVE: To appoint 7 members to the Hearing Officer Advisory Committee. CONSIDERATIONS: On Janttary 22, 2002 the Board of County Commissioners adopted Resolution 2002-51 creating a seven-member ad hoc advisory committee to assist with the hiring of the Hearing Examiner position. The committee will establish the candidate review criteria, interview the qualified applicants, rank the recommended candidates, and present the list rankings to the Commission for final interviews and approval. Membership of the committee will include 3 At-large members of the community, 1 staff member appointed by the County Manager, 1 member designated by the Environmental Advisory Council, 1 member designated by the Development Services Advisory Committee, and 1 member designated by the Collier County Planning Commission. A press release was issued and resumes were received fi.om the following 6' interested citizens: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. Eleanor W. Taft Lawyer 2 Yes Charles Krout, Jr. Sales Executive/Recruiting l Yes Experience David K. Johnson Funeral Director 3 Yes Nancy Anne Payton Representative of the FL Wildlife 4 Yes Federation Kris Dane Manager/Calusa Island Marina 4 Yes Kathleen Curatolo Ex Dir - American Specialty 2 Yes Code Enforcement Board Contractors of FL Limited Recruiting Experience Lindy Adelstein Law, yet 1 Yes CCPC CCPC Nominee R. Bruce Anderson Lawyer 4 Yes Smart Growth Adv Corem DSAC Nominee Michael G. Coe Financial Advisor I Yes EAC EAC Nominee James V. Mudd Deputy County Manager County Manager Nominee COMMITTEE RECOMMENDATION: NO RECOMMENDATION - NEW COIvlMITTEE FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the requests for appointment, appoint 7 members, and direct the Cotmty Attorney to prepare a re_ss)lution .... confirming the appointments. ~A ITEM Prepared By: Sue Filson, Executive Manager Board of County Commissioners ~,.:,,, ~ 2 2902 t Agenda Date: MARCIt 12,2002 Memorandum To: From: CC: Date: Subject: Sue Filson, Executive Manager Board of County Commis~ Joseph K. Schmitt, Administrator Community Development and Environmental Services March 4, 2002 Hearing Officer Advisory Committee Below please find the outlined list of Hearing Officer Applicants. If you have any questions, do not hesitate to contact me. All seem qualified to serve on the committee. Name Eleanor W. Taft 1905 Fairfax Circle Naples FL 34109 Charles Krout, Jr. 8574 Mustang Ddve Naples FL 34113 David K. Johnson 5305 Foxhound Drive Naples FL 34104 Nancy Anne Payton 2069 River Reach Drive #414 Naples FL 34104 Occupation Employer Collier Environmental Developer Recruiting Resident Affiliation Affiliation Experience Lawyer WCI Yes --- Yes --- Sales Executive Retired Yes Yes --- Yes Funeral Director Retired Yes ......... Representative FL Wildlife Yes Yes ...... of the Florida Federation Wildlife Federation Office of the County Manager Name Kds Dane 1300 Dolphin Road Naples FL 34102 Occupation Employer Collier Environmental Developer Recruiting Resident Affiliation Affiliation Experience Manager Calusa Yes ......... Island -~ Marina Executive American Yes --- Yes Limited Director Specialty Contractors of FL Lawyer Retired Yes ......... Lawyer Numerous Yes --- Yes --- Developers Financial Prudential Yes ......... Advisor Kathleen Curatolo 7649 San Sebastian Way Naples FL 34109 Lindy Adelstein CCPC Nominee 239-1 Palm Ddve Naples FL 34112 R. Bruce Anderson DSAC Nominee 1670 Crayton Road Naples FL 34102 Michael G. toe EAC Nominee 4552 Eagle Key Circle Naples FL 34112 Office of the County Manager 2002 Blank t-age ~ ot ~ filson_s From: olliff_t Sent: Thursday, January 24, 2002 1:16 To: filson_s Cc: SchmittJoseph; mudd_j Subject: RE: Headng Examiner Commi~ttee At this point I believe that Jim Mudd will be the person that I will appoint to serve on the committee, and he will also serve as the staff liaison. And on the other issue, I'll do my best to try and remember on the follow up. TVVO. 1/24/2002 2002 MEMORANDUM DATE: February 11, 2002 TO: Elections Office FROM: Sue Filson, Executive Maria Board of County Commissioners RE: Voter Registration - Advisory Board Appointments The Board o£ County Commissioners will soon consider the £ollowing individuals for appointment to one of the county's advisory, committees. Please let me 'know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. HEARING OFFICER ADVISORY COMMITTEE COMMISSION DISTRICT Eleanor W. Taft 1905 Fairfax Circle Naples, FL 34109 Charles Krout, Jr. 8574 Mustang Drive Naples, FL 34113 David K. Johnson 5305 Foxhound Drive Naples, FL 34104 Nancy Anne Pa,vton 2069 River Reach Drive #414 Naples, FL 34104 Kris Dane 1300 Dolphin Road Naples, FL 34102 Kathleen Curato!c 7649 San Sebastian Way Naples, FL 34109 Lindy Adelstein 239-1 Palm Drive Naples, FL 34112 1L Bruce Anderson 1670 Crayon Road Naples, FL 34102 Michael G. Coe 4552 Eagle Key Circle Naples, FL 34112 q Thank you for your help. EXECUTIVE SUMMARy CREATE AN ADVISORY COMMITTEE TO ASSIST WITH THE HIRING OF THE HEARING EXA.MIN~ R POSITION. OBJECTIVE: To protect the community through the enforcement of the land development code while providing additional opportunities to the Board to address policy issues. CONSIDERATION: The Board of County Commissioners (Board) approved the HearingExaminer (HEX) concept during the Land Development Code Hearing (LDC) on June 26, 2001, and further supported that decision by funding a full-time position for the HEX during its meeting of November 13, 2001. Because the HEX is a position that is appointed directly by the Board of County Commissioners, and since the Examiner will be working closely with the public, staff is proposing that an advisory committee be established to assist with the hiring of the position. The committee will establish the candidate review criteria, interview the qualified applicants, rank the recommended candidates, and present the list rankings to the Commission for final interviews and approval. The committee is recommended as follows: Member of the Board of County Commissioners (1) Member of the Planning Commission (1) Member of Development Services Advisory Committee (l) Member of the Environmental Advisory Committee (1) StaffMember Appointed by the County Manager (1) Members of the Community "At- large" (2) In the event that the Board wishes to provide further opportunities for the citizenry, the Board could allow the advisory boards additional latitude to either appoint a member within their advisory board or approve a citizen outside their advisory board. Or, the Board could replace any of the existing proposed appointments with all "at-large" positions. The Hearing Examiner's duties as outlined in the approved, but not yet effective LDC provisions, will include final review of variances and recommendations on conditional uses. With this proposed approval, advertising will commence for the position immediately. It is anticipated that the hiring process will take four to six months. Enclosed for review is a sample of the job description. GROWTH MANAGEMENT: as a result of'the Hearing Examiner. T~ere is no im~pact to the Growth Management Plan FISCAL IMPACT: The Board has previously appropriated funds in the amount of $160,000 from developer fees for a Heating Examiner and support staff. RECOMMENDATION: That the Board of County Commissioners establish a seven member ad hoc committee a~s recommended to interview and rank qualified candidates for the Hearing Examiner position for the Board's approval.' PKEPAREDBY: Q~e-~~ ~ DATE:_,I/(a [{),7 (John bunnuck, ~ormer CommuniO; Development & Environmental Services Administrator Public Services Administrator ~p~ov~ /' J;~ep~ K/S~h~, Co~u~. ~lopm~n~& / /Environmental Services Administrator January 22, 2002 just saying I think you're an ethical person. CHAIRMAN COLETTA: Thank you, and I believe that every commissioner here is ethical also. But there's also room to be able to polish the general scope-of what we're trying, to portray to the public. COMMISSIONER HENNING: So what's the direction? CHAIRMAN COLETTA: Well, the motion that I made incorporating the scope of activity that Dr. Carter came up with. Of course, Donna Fiala would have to include that too. COMMISSIONER FIALA: Yes, in my second. CHAIRMAN COLETTA: So we have a motion and a second. Is there any other discussion on this? (No response.) CHAIRMAN COLETTA: Okay. All those in favor indicate by saying aye. COMMISSIONER CARTER: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Opposed? (No response.) CHAIRMAN COLETTA: The ayes have it 5 to 0. Thank you very much, Doctor. DR. FERENZ: Thank you. Item # 10G RESOLUTION 2002-51 CREATING AN ADVISORY COMMITTEE TO ASSIST WITH THE HIRING OF THE HEARING EXAMINER POSITION- ADOPTED W/CHANGES Page 115 January 22, 2002 CHAIRMAN COLETTA: Okay. Let's see where we are here. 10-G, create an advisory committee -- am I right? COMMISSIONER CARTER: Yes. CHAIRMAN COL-ETTA: Create an advisory committee to assist with the hiring of the hearing examiner position. COMMISSIONER HENNING: Motion approved. COMMISSIONER FIALA' Well, we have to choose members for the -- and I was -- COMMISSIONER CARTER: Ms. Filson has her hand in the air, and you want to say something, Commissioner, so... MS. FILSON: Just before you call the question, I have a speaker. CHAIRMAN COLETTA: Well, we can still call the -- not call the question, but we have a motion, and we have a second at this point in time -- do we? COMMISSIONER HENNING: Do we have a second? CHAIRMAN COLETTA: I don't know. COMMISSIONER FIALA: Let me -- does your motion include the recommended-- COMMISSIONER HENNING: Create an advisory committee. It's not recommending any certain person -- COMMISSIONER FIALA: It's recommending this composition for the committee. Is this what you want to go with? COMMISSIONER HENNING: Exactly. COMMISSIONER CARTER: I have some questions. CHAIRMAN COLETTA: Okay. We've got a motion. Do we have a second, or did you want to wait on that? COMMISSIONER FIALA: Well, I'll second it so we can discuss it. CHAIRMAN COLETTA: Okay, very good. Dism COMMISSIONER CARTER: I have a few questi~ Page 116 Pg. /0 January 22, 2002 Commissioner. CHAIR3~N COLETTA: Go ahead. COMMISSIONER CARTER: First of all, I believe whatever this committee is constituted of, you need at least one employment professional who understands interviewing and processing of applications. This is a very serious business, and you don't want to go through a few good exercises to come up with recommendations for a hearing examiner. So that is a concern of mine. I don't see it specifically mentioned. Second thing is I'm questioning whether a member of the Board of County Commissioners could even sit on this advisory committee. It's my judgment it's a hands-off process. We hear from professionals and people from walks of life, hear from interest groups on what their expectations are of a hearing examiner. We get our day up here on the dais to talk about what we think and how we react to the proposal being made. So I question whether or not a member of the board can sit on this committee. CHAIRMAN COLETTA: Good point. Any suggestions on this or other thoughts? Anyone else have another thought on that? COMMISSIONER FIALA: Very good point. COMMISSIONER HENNING: So what you're saying is you want a scope to start out with of what this advisory committee is all about. COMMISSIONER CARTER: Well, they're going to be going through the process, as I read this, to qualify applicants, rank them, and recommend candidates to the commission for final interviews and approval. I have trouble with one of us sitting in that process. Secondly, I would rather see a real professional who understands that process, at least one of those people who are experienced wit~_ search and questions and processes of this who can make sure that we are taking a hard look at each application and coming o ~t~-~'~.~-'--~ Page 117 [~_LT //' ' January 22, 2002 asking the right questions of the committee, because I've had concern where right-meaning committees sometimes don't ask the right questions. And they get -- I want to say baffled by baloney on some of these resumes, and it-can happen. So -- CHAIRMAN COLETTA: So if there was a commissioner to do this, it would be you, Commissioner Carter, with your background -- COMMISSIONER CARTER: And I would decline to serve in that position because I don't believe a commissioner should sit there. CHAIRMAN COLETTA: In that case there, would you care to. incorporate that in your motion, or would you carry it forward? COMMISSIONER HENNING: Let me ask the county manager, would you in your appointment from county manager's staff-- would that be something from human resources? MR. OLLIFF: I hadn't given it a lot of thought, but it certainly - could be. I think it would, obviously, be somebody from outside the development services organization. But whether or not it was specifically going to be somebody with HR background or not I hadn't come to a conclusion about that yet. COMMISSIONER HENNING: Commissioner Carter, would you be satisfied to -- instead of one of the commissioners -- as somebody from human resources to let Tom Olliff decide who he's going to appoint to -- COMMISSIONER CARTER: No, I don't even want to limit it there. I'll tell you my ultimate comfort level would be a professional search person, and there are several in this community if we could get one of them to volunteer to sit there. And that really takes us out of the mix and puts total objectivity to the process so that we don't -- so we're not haunted later on that, "Yeah, but guys directed through a staff person," of which people would like to infer that we influence in ,--- their decision-making. MR. OLLIFF: So based on that, I think I would ju Page 118 ~-:AR 12 2,202 January 22, 2002 you that if you were to replace the Board of County Commissioners' representative on this committee with someone who would be either an HR professional from outside of this agency or somebody who has background in professional search, that would probably answer both of those questions. COMMISSIONER FIALA: Did Joe have something to say? COMMISSIONER HENNING: So I'll amend my motion to incorporate that. Thank you. CHAIRMAN COLETTA: Any comments on this particular direction? MR. SCHMITT: For the record, Joe Schmitt, Administrator, Community Development and Environmental Services. You've already discussed the entire amendment. I would-- and I'm going from past experience. I would think an HR person would serve as an advisor on this panel but not really be a voting member. If we were to use someone on the staff from the county in an HR perspective, that person would advise only and steer and direct. But what's shown here are the actual voting members, the ones that would actually vote, rank order the candidates, and bring those candidates forward to the county commissioner, the staff, or the county commission. So that's why we recommended the way it's composed as shown. And, also, through discussions we included two members at-large who certainly have the best interest of the county. COMMISSIONER FIALA: Who selects them? MR. SCHMITT: The intent of this, the way it was written, the selection of those members at-large would be the member of the board. The county commissioner who sits on this board would be the person to select those two individuals at-large. And we did not describe or develop any criteria for how those folks would be selected. That would really be up to you -all on how -- ~ Page 119 January 22, 2002 folks are. I am sure that they are going to campaign. There are folks in the community that will campaign to be a member of this selection panel. COMMISSIONER FIALA: And on my list I had Fred Coyle as the person that would be representing us -- don't pass out -- because I felt that you would be very good at that with your background and experience. But how do you feel about it, Fred? CHAIRMAN COLETTA: Well, I think Commissioner Carter makes a very persuasive argument. We are going to be subjected to substantial scrutiny with respect to this entire concept of a hearing officer. And I believe we must be very careful about making sure that we as the commissioners don't do anything that might bias the selection one way or the other. And I would like to see additional representatives from the community, and I would be very much supportive of having that particular position replaced by someone in the community. MR. SCHMITT: So still remaining with that, a seven-person panel. We get more than that, and it becomes overwhelming. COMMISSIONER COYLE: I like the idea of having some human resource person on that voting panel, primarily because the panel itself will be interviewing these candidates -- MR. SCHMITT: Yes. COMMISSIONER COYLE: -- and it's always good if you've got someone who's going to be voting on them who has had experience in interviewing and selecting personnel. And I'm not at all sure that the people who will be selected from the other committees will have that kind of background. So I f'md Commissioner Carter's suggestion to be very compelling, and I would recommend we proceed with that. CHAIRMAN COLETTA: So at this point in time January 22, 2002 know where we're going -- we're not going to have members of the committee. Is that what you just said, Commissioner Coyle? COMMISSIONER COYLE: Wouldn't have members of the county commission. CHAIRMAN COLETTA: Oh, the county commission. Okay. I understand now. But one thought that I have is one of the reasons why we're looking to put this into place is not only to be able to keep the system moving forward and make it equal, but also to protect the environment. I see where we got a position here for a member of the environmental committee, but I would like to see us pick an environmentalist from within the community to be one of the representatives for the-- at-large. MR. SCHMITT: And I am sure that those members will come forward and make it known that they want to be a member of that committee. I've already spoken to one member of the community that certainly has interest in this, so -- CHAIRMAN COLETTA: I hope so. MR. SCHMITT: Yes. And, in fact, what had happened is we had this at five. And after some discussion we opened it up to consider two members from the community at-large as the best option to ensure that this did not come across as being the development community supporting it and no other special interest groups, if there were any, that wanted to participate. So that's why we had the two members at-large. And, in fact, that's why I would defer to your judgment as to who those are, because they are certainly going to make it known they want to be part of this selection committee. CHAIRMAN COLETTA: Would it be two now or three since we're -- Page 121 t,:/'-~R 1 2 ,_~2 Pg._ 1,..% .. January 22, 2002 MR. SCHMITT: Well, if you're going the change it -- and that's where I need clarification. Are we not going to have three, but that one person is actually a professional recruitment individual rather than three at-large? COMMISSIONER COYLE: I think that was the effect of Commissioner Henning's motion is that you'd retain two at-large, but then have one other member of the public who would have a human resources background. MR. SCHMITT: And our intent also was that the board would- lead this panel. Now, of course, you're stepping back and not going to do that as far as a member of the board. So who would you recommend actually take the responsibility of organizing this and heading this? COMMISSIONER HENNING: You. CHAIRMAN COLETTA: No, no, not quite. How about when this board convenes that they select their own leader? MR. SCHMITT: Well, as the county manager said, it would not be a member of the community development environmental services. I guess we would be there.-- and I would be there -- to assist at least from a standpoint of the staff to steer, direct, and guide, and certainly have a lot of experience in this, but the standpoint that it does not appear CDS in the process, then I would not be a voting member. But myself and my staff would help put this together and get it in the right direction, and then let the members choose whom they think should be kind of the lead panel member of this committee. COMMISSIONER CARTER: That's the way all other committees operate, Mr. Schmitt, and I have complete confidence that the people gathered will select their chair, as they did in Co.rr munity Character and others that would effectively guide the process. Your professional staff is there to keep them on_ track., if they're drifting away from scope and objectives. ,w, mo^ rmu Page 122 F, AR 12 2C32 Pg. / ~ January 22, 2002 MR. SCHMITT: Okay. CHAIRMAN COLETTA: Any other questions, comments, Mr. Weigel? MR. WEIGEL: Just to say that if you v'ote to go forward the county attorney will prepare the appropriate resolution in accordance with advisory committee policy. CHAIRMAN COLETTA: Speak a little closer to the mike, please. MR. WEIGEL: Yes, thank you. That if you vote to go forward, the county attorney's office, working with Ms. Filson, will craft the appropriate resolution for chairman's signature to carry this forward. MR. SCHMITT: The only clarification we'll need is the mechanism for these persons deemed at-large, how they would campaign to be a part of this committee. We left it that they would approach members of county commissioners, any members of the board to campaign to be one of those persons on the panel, and we'll just leave it at that. CHAIRMAN COLETTA: So we would make the selection for the three at-large is what you're saying? MR. SCHMITT: Yes. CHAIRMAN COLETTA: That sounds like it would be a -- what do you think, Commissioner Carter? COMMISSIONER CARTER: Traditionally, Mr. Olliffbrings that list. You know, if they want to serve, they lobby us, we get the list, it comes to the board, we have a discussion, and at the end of the day three people are approved by this board to serve on the committee. MS. FIS.SON: Do you want me to advertise for those three at- large positions like I do for normal advisory committees? CHAIRMAN COLETTA: I don't see how we can~d~atra~ Page 123 January 22, 2002 other way. COMMISSIONER FIALA: And how are the members from these different Planning Commission, DSAC, and so forth selected? COMMISSIONER-CARTER: They do'their own thing. MR. OLLIFF: I think it's intended that the Planning Commission would select their own representation, the EAC would select their own representative, and likewise. MS. FILSON: Okay. And then they'll provide me with those names to put in the executive summary? MR. OLLIFF: Yes, ma'am. CHAIRMAN COLETTA: We have a motion by Commissioner Henning and second by Commissioner Fiala. Is there any other discussion? COMMISSIONER HENNING: Any speakers? MS. FILSON: No speakers. Oh, wait a minute. Nancy Payton. CHAIRMAN COLETTA: Waive, okay. Thank you, Nancy. aye. I'm sorry, Nancy Payton waives. If there's no other discussion, I'll call the question. (No response.) CHAIRMAN COLETTA: All those in favor, indicate by saying COMMISSIONER CARTER: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Five ayes have it. Item #10H Page 124 MEMORANDUM DATE: TO: Cc: FROM: RE: February 11,2002 Jim Mudd, Deputy County Manager Joseph K. Schmitt, Conzrnunity Development & Environmental Services Sue Filson, Executive Manager Board of County Commissioners Hearing Officer Advisory Committee Administrator As you 'know, we currently have vacancies on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: Eleanor W. Taft 1905 Fairfax Circle Naples, FL 34109 Charles Krout, Jr. 8574 Mustang Drive Naples, FL 34113 David K. Johnson 5305 Fo,xhound Drive Naples, FL 34104 Nancy Anne Pa>ton 2069 River Reach Drive #414 Naples, FL 34104 Kris Dane 1300 Dolphin Road Naples, FL 34102 Kathleen Curatolo 7649 San Sebastian Way Naples, FL 34109 Lindy Adelstein - CCPC nominee 239-1 Palm Drive Naples, FL 34112 R. Bruce Anderson - DSAC nominee 1670 Crayton Road Naples, FL 34102 Michael G. Coe - EAC nominee 4552 Eagle Key Circle Naples, FL 34112 Please let me know, in writing within the 41 day time-fi.me, if the applicants are qualified to serve as members on the board, and I will prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments Memorandum To: From: Date: Subject: Sue Filson, Executive Manager to the Board of County Commissioners Board of County Commissioners Connie Johnson, Operations Analyst Community Development and Environmental Services February 8, 2002 _. Hearing Examiner Advisor7 Committee Representatives At the direction of the Board of County Commissioners, Community Development and Environmental Services Division solicited names from the Collier County Planning Commission, Development Services Advisory Committee and the Environmental Advisory Council to serve on the seven member advisory committee charged with assisting in the hiring of a Headng Examiner. The following names with the respective committees were forwarded. Collier County Planning Commission Lindy Adelstein 239-1 Palm Drive Naples, FL 34112 732-0966 (work) Development Services Advisory Committee R. Bruce Anderson, Esq. Young vanAssenderp, Varnadoe & Anderson, P.A. 801 Laurel Oak Ddve, Suite 300 Naples, FL 34108 597-2814 (work) Environmental Advisory Council Michael G. Coe, Lieutenant Colonel 4552 Eagle Key Circle Naples, FL 34112 254-2212 (work) Please advise if you need additional information. Community Development and Environmental Services Office of the Administrator ' W£I LEGRL DEPT. Fax:941-498-S595 Feb 6 2002 14:42 P. 01 COMMUNITIEs, INC, Facsimile Cover Sheet To: Sue Filson Company: Phone: Fax: 774-3602 From: Eleanor W. Taft Company: WCI Communities Inc. Phone: (941) 947-2600 Fax: (941) 498-8277 Date: February 6, 2002 Pages including cover page: 5 Comments: Attached hereto please find my application. THIS MES.~AGE IS INTENDED O~Y FOR ~ USE OF T~ ~U~ OR EN~ TO~~-:~~ ~D~SSED ~ ~y CONTA~ ~FO~ON ~T ~ P~EGED, CO~E~. ~ E~T FROM D~CL~ ~ER ~P~C~ ~W, ~ YOU D~SCLOS~E, COP~G. DIS~IB~ON OR U~ ~O~ON ~ S~CTLY P~O~I~-~O. ~ YOU ~VE ~CE~D T~S ~~SSION PLEA~ NO~Y Ua ~Y ~LEPHONE ~ SO T~T WE C~ ~GE FOR ~ RE~V~ OF ~ O~G~ DO~NTS AT NO COST TO YOU, ~NK YOU. LdCI LEGAL DEPT. Fax:941-495-8595 so~rcl or'County Commissioners Feb 6 2002 14:43 P. 02 Page 1 of 2 Board of County Commissioners 3301 East Tamlami Trail Naplei, FL 34112 (941) 774-8097 Fax: (941) 774-31502 Application for Advisory Committees/Boards Name:~r~4. Taft Home Address: 1905 Fa!trax Circle, Naples, Fax No, Business: 498-8277 Business Phone: 498-8373 WCI Co~unities, Inc. Home Phone: 596-8390 Zip-Code: 34109 e-mai! address: ellletaft@wcico~unitiez. Board or Committee Applied for: Co~miCee to ~lire Category (if applicable): N_.i_~I_ Are you a re~stcred voter ~ Collier County: Ye~ X Do you currently hold public office? Yes No ~ ~a, wh~t i~ lhat o~ce? HeartnFa_.~.~aminer No Do you now serve, or hzv¢ you ever ~erved, on a Collier Couniy baard or corema/ttee? Yes please li~t the comm/Rees/boards: No X Please l/st )'our community activities (civic clubs, neilzhborhood alsociationn, etc. as~d positions held: Col~l~er County Bar ASsociation Flo. rida Bar Association Education: JD Suffolk U.nive.rs./: Boston Please see a~ached resume Experience: Real Estate Landuse, Corporate Attorney for WCI Communities Inc. P ee attached re~ume. http://colliergov,neffgov/app.htm ~JCI LE6~L DSPT. Fax:9~l-~95-8595 Soarcl of County Commissioners Feb 6 2002 14:43 P. 03 Page 2 of 2 http ://¢olliergov.netYgov/app.htm WEI LEGRL DEPT. Fax:941-498-S595 Feb 6 2002 14:45 P. 04 ELEANOR W. TAFT 1905 FAIRFAX CIRCLE NAPLES, FLORIDA 34109 (941) 596-8390 ADMITTED: State ofF&ode Island - 1992 United States District Court/Distric~ of Pdhode Island - 1993 State of Florida - 1994 WORK EXPERIENCE: WCI COMMU~T~S, INC. May 1998 to Present SENIOR COUNSEL & VICE PRESIIIENT ~' Engage in the practice of complex real estate transactions, land usc, federal and state regulation, all aspects of homeowner and condominium associations, litigation and related corporate operational issues. Responsibilities include all aspects of contract negotiation, drafting, overseeing outside counsel and advising various divisional offices. Experienced in residential and commercial transactions, the entitlement process, title and environmental matters. Managed and settled complex litigation actions arising fi.om governmental actions and breaches of contracts and agreements for sale and purchase. OCWEN FEDERAL BANK FSB - FLORIDA January 1996 to May 1998 Engaged in practice of complex commercial transactions. Responsible for the commercial real estate financing and commercial real estate acquisitions for a real estate investment trust. Previous practice areas included the bank's whole loan acquisition, portfolio acquisition, bulk sale of real estate and fee for service programs. Responsibilities included all aspects of contract negotiation, drafting, overseeing outside counsel and advising various business groups. Transactions may involve loan documentation, joint bid agreements, true-up agreements, multi-million dollar asset purchase agreements and servicing agreements. Experienced in drafting leasing a~n'eerncnt% property management agreements, environmental and structural consulting agreements and resolving title issues. Managed and settled litigation actions arising from breaches of asset purchase agreements. TAFT & McSALLY _ RHODE ISLAND September 1992 to June 1995 Experienced in real estate and title law. Represented lending institutions in residential foreclosure actions. R. esponsibilities included creating and managing the foreclosure area, knowledge of statutes, reviewing title and resolving title issues, drafting foreclosure documents, negotiating and drafting reinstatement agreements. Represented lending institutions and borrowerz in commercial loan trarmactions and clo-qngz. Specmci ..... ' MCI LEGAL DEPT. Fax:941-495-8595 Feb 6 2002 14:43 P. O5 responsibilities entailed reviewing corporate documents, draining documents and client negotiations. Experienced in residential real estate transactions, as title and closing attorney, borrower's ~nd lender's counsel. Specific responsibilities included, revie~,~in$ title abstracts, resolving title issues, document preparation and review. Also managed the equity lo~n arcs. Participated in commercial loan documents, draf~ pleadings and arsue motions in Rhode Island District and Superior Courts. Assisted in the administration of' guardianships, probating estates and estate planning. EDUCATION: Suffolk University Law School, Boston, MA Juris Doctorate, May 1992 Bryant College, Smithfield Rhode Island BacheIor of Science in Business Administration, Janua~ I983 PROFESSIONAL MEM~EI~HIPS: American Bar Association Florida Bar Association Rhode Island Bar Association Collier County Bar Association Board of County Commissioners 3301 East Tamiami Trail ' Naples, FL 34112 (941) 774-8097 -- - Fax: (941) 774-3602 Application for Advisory Committees/Boards Name: Home Address: ~5~"?/I~' ,~'/Lr~'~'~ -~ ~,zf~/~ Zip Code: FaxNo.~/-.7~-~ B~ine~Phone: '7~--~ ~' e-maaaddre~: Home Phone: ~/- 7 ~; ~ Business: f~ Board or Committee Applied for: Category (if applicable): Example: Commission District, Developer, environ mentalist, lay person, etc. Are you a registered voter in Collier County: Yes ~ No Do you currently hold public office? Yes /~ No Ifso, whatisth~toff~e? .~'~r f, c-,~' i yc~,~, t-~-r' C'~,,w,~z ~'.~ z~-' Do you now serve, or have you ever served, on a Collier County bo~rd or committee? Yes If yes, please list the committees/boards: No D~ _b ~'.e.' /cz 7- Please list your community activities (civic clubs, neighborhood associations, etc. and positions held: /._ ~_-( Education: Experience: e-entel to suefilso,~ colliergov, ne~ Tk~nk y~s fm, ~,ohmtem~ to s~e ~e ~ of Coilier Cms~ty. From the desk of: DAVID K. JOHNSON February l, 2002 Sue Filson,Executive Manager to the Board of County Commissioners -I would like to offer my services as a member of the Committee to agsist in the hiring of the Hearing Examiner position. I have been a year round resident of Collier County for 4l. years, and feel that I can offer an organized, focused approach to any ag-'enda proposed by the Committee. References: Don Hunter, Collier County Sheriff J. Dudley Goodlette, Representive 76th District Daniel R. Nonaco, Judge Circut Court Donna Fiala, Collier County Commissioner Tom Henning, Collier County Commissioner Th~2~o.~.~~u for your consideration, -~8 O,'" 03:34p ~e F 1 I ~,or'~ .......... Board of Count): Commissioners 33Ul Ea.~t ]'..,miami Tnfil -- {941) Fax: (~MI) 774-36U2 Application for Advisor).' Committees/Boards Name:_ ~AVTT} ~_ .TOM;XT.qAN HomeAdcLress: 5305 Foxhound Driv~ Fax Na.9/¢1-6/43-13~ B~in~ Phone: liome l~ol~c: ~-2272 __ Zip Code:~41 e-mail address: __ Board or Committee Appl.~d for':. Committee to assist Position. Category (if applicable): ~4'.. 1 Example: Commission Dt$~r:e~"Dt~cto~:r-:c~'~'lfx~mcnt-~It~t. ~y Are yon a registered voter ~ Co~er Count': Do you currently hold pubic o~e? Yes [TS~ ~ti~ ~at in t~l~_h!ri~g- of the He_sr'~__~aminer Nu Do yoll lion/serve, or have you e~r ser, e~L, en t Colllee Co~e~ b~r~ or committee? Ye~ ~_~___ No :fy~s~ pl~e i'i~ thc committ~e~-m~ds: SEE ATT~_CHED I~-F. QRMATION __ Please ti.st your community activities (cixi~ clubs, -cighborhmad ~.~ociationm etc. ~d p~itions he!d: Edueatiou: SEE ATTACHED INFORMATION 7-xperieace: g~ ATTACHED INFOR.MATION GRADUATE OF NEW ENGLAND TN.qTTTIITE~: RO~qTON~ MA~q GRADUATE OF NATIONAL FOUNDATION OF FUNERAL SERVICE M. ANAC, E>~NT; F, VANKTON: TTJ,. CERTIFIED BY THE ACAIEMY OF FUNERAL SERVICE pRATICE 5.) WORK HISTORY ESTJ~BLISHED THE DAVID Ko JOHNSON FUNERAL HOFE, NAPLES, FIX)R_IDA 1972 PRESIIENT OF DAVID K. JOHNEON-PTTTMAN WI~AT, MOW~$~?~N 'li~.~S ;~ Rn~m~ S~RIwG~-1989~1997 ~TI~D TN 1997 A~ nn~vwT~ ~_S nnw~.~,/ ~PAT~ DI~CTOR ~MR OF T~ NATIONAl. ~PJ.L DI~CT0~ A~OCTATTON ~.~ P~T DTSTPTCT D!~CTOR OF'T~ F~DA F~RAL DI~cTO~ ASSOCIA~0N ._ 6.) PREVIOUS CLUBS/F~IERNAL CLUBS (ETC.) AND RESPONSIBILITIES PAST P~SI~NT OF T~ BET~R BUS/~sS BII~A[~ OF COIJ.~R ~OT~W ],E~ER OF T~ C/TT~NM AD~O~ ROAPD FOR" TONg MAN~ PTA~D~MG OF COI. T.~R ~" 71) CIVI~SOCIAgSPOR/5 INTERESTS P~T P~SI~NT A~ FOYER OF T~ COT,T,~R C0~ Y.M.C.A. PAST CHAIRMAN OF THE BOARD 0F THE COLLIER COUNTY GOLF AUTHORITY PAST PRESII~ENT OF THE COLT,~R COUNTY BLOOD BANK ( 11 GALLON DONOR PAST PRESIEENT OF THE NAPLES HIGH SCHOOL QUARTERBACK CLUB MEF~JER AND PAST PRESIIENT OF THE NAPLES KIWANIS CLUB ( 32 YEAR ]~EFR~ER ) FE]~BER AND PAST PRESIIENT OF NAPLES RETIt~EFENT INC'~ ( LELY PALlaS 5ETIRE~NT CElfrER) MEI~BER AND PAST GRAND KNIGHT OF NAPLES KNICHTS OF COLLTMBUS MEMBER OF THE COLLIER COUNTY SHERIFF'S CIT!~NS COMMISSION I~EMBER AND EUCHARISTIC MINISTER OF ST. PETER THE APOSTIE CATHOLIC CHURCH ~ ^ ~'~'~ ORGANIZATION MEMBER OF ' CITI~NS - ADV~SOR~CO~~OR VI~ P~SI~NT OF F0~IPg C0~I~ ASSOC~TION BOA~ OF DI~CT0~ BOA~ ~ER AND E~C~I~ C0~T~E ~ER OF ~ EAST N~S CIVIC ASSOCIATION..~ 2002 Page 1 of I filson s From: Nancy A. Payton [fwf@peganet.com] Sent: Fdday, January 25, 2002 12:11 PM To: fllson_s Subject: Headng Examiner Advisory Hi Sue, Here is my application and resume. I am applying for a posilJon on the Headng Examiner Advisory Committee. Nancy 1/25/2002 f?,R 12 2002 Collier County Application for Advisory Committees/Boards Name: Nancy Anne Payton. Home Phone: Home Address: Zip Code: Business: Business Address: 2590 Golden Gate Parkway ff109 Business Phone: 643-4111 Fax: 643-5130 E-mail Address: f~vf~.peeanet.com 434-7406 2069 River Reach Drive #414, Naples 34104 Florida Wildlife Federation Field ~tepresentative 34105 Committee Applied For: Hearing Examiner Advisory Committee Category (if applicable): Citizen-at-Large Example: Commission District, Developer, Environmentalis.t, lay person, etc. Are you a registered voter in Collier County: Yes XX No Do you currently hold public office? Yes No XX Do you now serve, or have you ever served, on a Collier County board or committee? Yes XX No If yes, please list the committees/boards: Environmental Policy and Technical Advisory Board {EPTAB) 1992-1996 Education: B.A. - State Universitw of New York at Albany Experience: See attached Vita Nancy Anne Payt0n Florida Wildlife Federation Southwest Florida Field Representative Florida and National Wildlife Federations Everglades Project 1994 - Present · Identify, document, develop, and implement local advocacy campaigns · Research issues and present testimony · Monitor and provide input to various government entities and staff · Represent Florida Wildlife Federation at meetings, workshops, forums, and on committees · Serve as a media resource International Society for Animal Rights (ISAR) l/ice President 1982- 1992 · · Identified, documented, developed, and implemented programs and campaigns Designed, wrote, and produced publications including newsletters, annual reports, position papers, and action alerts Liaison to national, state, and local government officials and agencies Supervised program and support staff Setw'ed as media resource Represented ISAR in various forums Massachusetts Society for the Prevention of Cruelty to Animals (MSPCA) Issues Analyst 1978-1982 · Identified, researched, developed, and implemented all state and federal advocacy campaigns including documenting issues, drafting legislation, and presenting testimony · Researched and wrote policy statements and position papers · Represented MSCPA in various forums · Accepted by U. S. Congress as a expert witness on animal protection issues and invited to present testimony before various Congressional committees Fund for Animals New England Coordinator 1975-1978 · Identified, researched, developed, and implemented advocacy campaigns · Researched and wrote position papers and testimony · Organized local activists Jan-31-O2 O2:22P Calusa 01/:31/2002 3.4::30 FA.X 9417743602 Island Marina 941 394 9403 ~OOl P.O1 Board of County Commi~ioners 330~ Kart T;,unlami Trail- Naples, FL 34112 (941) 77~-~o97 ga~: (941) 774-3602 Application for Advisory Committees/Boards t~ c~.,.a ~ ~o,-, m,o-~: _9 ~-5oo po~,~J ~:>- NIX~-~<~ zip co~,: -A~ orCommit~e~ ApFHcd far:_~~z~(L(~ ~.~.%,A-6Atk.l~"qg-. -~ Cattgory (if applicable): ~zsmpd~. (~,,,,,,mbs~u l~bu-~c~. DcT,:Jopcr, ,u~rosJJeOl&lb~ '-y p.r,eu, e,m. Ar~ you a regard voter in Collier Count: Yes Do you currently bom public of'rice? Yes H*.~, ~Jtaf is Ib~t ef~ct: )~ NO FROM : PHONE NO. : Jul. 16 2001 01:SSPM P1 c~qZz ~- ~FROM : PHONE NO, : Jul. 16 2001 01:59PM P2 Application for Advisory Committees/Boards ~me: ....... ~.,,,.~,.,.~ ~¢.,'t-~..~A~./...S-~_ ..~^~ cO~'-/'___~,~,c.~, -~4/off. ...... ~ ~ y~ur cm~ ~KI:TYD~ (ci~i~ d~bs, ~bozl~o~ ~s~:tm~l~, ~ and pnz[tions ,=ROM : PHONE NO. : Jul. 16 2001 01:~9PM P3 KATHLEEN CURAT. OLO 7649 San Sebastian Way Nc~les, Florida 34109 ;.Jome: (941) 514-2172 Office: (941) 594-8847 Fax: (941) 594-5735 E-maih kacuratolo(~prodigy.n et PROFESSIONAL EXPERIENCE EXECUTIV._/._E DIRECTO_t~ ~. 1998-present American Specialty Confl'actors of Florida Managing Director: Masonry Association of Florida, SW Chapter Naples, Florida Responsibilities: Foster and promote professionalism and ethical business practices among members. Develop continuing education programs and social activities. Monitor legislative issues, Registered County Lobbyist. Includes resource development, personnel management, proposal writing, volunteer coordination, membership solicitation. Manage Masonry Apprenticeship Program including hiring/training teachers and interpreters, curriculum eevelopment and administration of state awarded grant. EXECUTIVE D/RECTOR 1987-1997 Niagara Frontier Industry Education Council Buffalo, New York ResponsibiliUes: To foster, promote, research and Initiate partnership activities between business, industry, government, and 33 school districts throughout the WNY region. Includes resource development, personnel management, proposal writing, volunteer coordination, membership solicitation. Directing programs/services such as community forum meetings, a regional career fair, maintaining a resource bank of research material for use by members, and consulting services assisting members develop partnership Initiatives. EDUCATION Leadership Initiative for Tomorrow's Schools Post-Graduate Studies/Certification in School District Administration, SUNY at Buffalo 1996 M.A. in English, SUNY College al Buffalo, New York B.A. in English, Daemon College, Buffalo, New York Additional Training: 1984 1974 Leadership Col!lac. Leadership Buffalo: Professional Development: Class of 2000 Class of t993 I.D.E.A. Facillta133r Training Claburri Training for Shared Decision Maki_ng Creating Quality Cultures AGENDA I~M Shared Decision Making in an Or~anizati( ~al"-I~ohtextc~ Facilitating Change Collaborafively Total Quality Management ~-ROM : PHONE NO. : Jul. 16 2001 02:00PM P4 K. Curatolo .J~esume p. 2 TEACHING EXPER~IENCE ~ State Certified Continuing Education Course in Quality Management Principles for Construction Industry Ad jun.ct Professor, Edison CommunitY College Department of English ~, Canisius College School of Education and Human ServiCes ~[p~, Niagara Community College Department of English Ad|u.13¢t Professor_, Daemen College Department of Cooperative Education Instruc__c_f~.E, Bryant & Stratton Business Institute Women in Business, Veterans' Outreach Program 1999-present 1998 1990-1995 1986 1984-1986 .:1979.1983 COMMUNITY SERVICE BOA. BO OF DIRECTOR_~ AAUW, Naples Chap[er, Scholarship Committee Amherst Chamber of Commerce Collier County Code Enforcement Board Community Advisory Counci!,.SUNY Buffalo EPIC (Effective Parenting Information for Children) Greater Buffalo Community Quality Council 1998-present 1992-1994 2001 -present 1989-1997 1992-t994 1994-1997 CHAIRPE .RSON Amherst Chamber, Quality of Life Committee EPIC, Personnel Committee Leadership Buffalo, Education Committee (Co-chair) Resource Allocation Committee, Amherst School District Western New York Women in Administration: "GIRLS MAKING CHOICES,' Conference Chair 1992-1997 1993-1997 1993-1995 1992 199t-1997 1994 PROFESSIONAL AFFILIATIONS American Association of University Women Tempo, Naples Chapter Mentor. Big Brothers/Big Sisters of Collier County t 998-present 1999-present 2000-present AWARDS Recipient of Western New York Pathfinder Award in t996 Recipienl: of Villa Maria College Distinguished Service Award in 1993 --- i,:,,tR i 2 2002 Application for Advisory Com~i~__oe~-~oards ' AU~ ! 7 200! County Board ~f C~m~aie~r~_ ~ltl l~,.~t Tmi~.i Trail (~x) 774-sa97 Fax: (~1) 774-3(W)2 No Lindy M Adelstein 239-1 Palm Drive Naples Florida 34I 12 Phone 732 0966 8/16/01 I was bom in Cleveland, Ohio on February 24t.h, 1934 and resided there until my retirement on December 31, 1998 when my wife and I moved to Naples, Florida. At=ter graduating high school, I attended Westem Reserve University where I received my Bachelor of Arts Degree in 1955. I then a~anded Law School at Ohio Northern Universit3' where I received my J. D. Degree in1958. I served in the .Arm,,,' as a JAG and then went on to private practice ~ Cleveland, Ohio where I specialized in corporate law for 40 years. My law practice was all I could have wanted it to be. It was not just mx, work. It was what I wanted to do. I sm'ed on, and have been chairman ofrnany committees and of many Boards. I served as a chairman of the Selective Service Commission for Cuyahoga County Ohio for many years, and performed other Government SetMces. I have received Letters of Commendation from two Presidents of the United States. Since my retirement in January of 1999, I have become a Guardian Ad Litem representing children who have been physically or mentally abuse& This past year I was elected a Director of the Glades Country Club .Associations Inc, a community of 1253 units. I would like very much being appointed to the Collier County Planning Commission, and I will do my best to be worthy of your selection. ~Y'O UNG, VA_~T -A-SSENDERP, VARNADOE & .ANDERSON, ATTORNEYS AT LAW To: R. BRUCE ANDERSON C~.~,Y C. BROOK£R TASHA O. BUFORO DANIEL H. Cox TII,~OTHY S. FRANKLIN OAVID P, HOPSTJ-"II'F'R'~ C. ~U~NCm ~NZA VAN ~OmG~ L. ROY C. WoumG *Bottom C~n~r~o 0r COUN~g DAVID B. ERWIN Ms. Sue Filson, Admi~strative Assistant Collier Cowry Bo~d of Co~ Con~issioners 3301 E. T~i Trail, 3~a Floor Naples~ FL 34112 Naples July 20, 2001 Via Hand Delivery G,,u. uE's 2~5 SOUTH ADA.S STREET SU~ ~ Po~ 0FF~C[ BOX 1833 (~P 3E3OR-1833) T~H~EE, FLORIDA 3E301 TELEPHONE (850) ~-7E06 TEL[COPmER (~50) 561-6834 ~UNTR UST BUILDING ~01 ~UREL O~ DRt~ PO~ OFF,CE BOX 7~7 (~P 34101-7907) NAPLES, FLORIDA 34108 TE~PHO~E (941) 597-2814 TELECOPIER (94l) 597-1060 RE: Co~nmunity Characte~TSmart Growth .4dvi.s'oO' Committee Dear Ms. Filson: Please accept this letter and the enclosed resume as an application to serve on the above-referenced adviso~ committee as one of the txvo designated development interest representatives. Presently, I am serving on the County's Development Services Advisory Committee (DSAC), however, the second of my two terms on DSAC expires in December of this year. I am a member of the Urban Land Institute's Southwest Florida District Council which has been a leader in the smart gro~vth movement. My twenty (20) years' experience as a land use attorney in the public and private sectors. and record of solution-oriented consensus building, could be of assistance in the work of the new Community Character/Smart Growth Advisory Committee. Should you or the Commissioners have additional questions, please feel free to contact me. Thank you for your consideration. Sincerely, R. Bruce Anderson Enclosure as stated F:\users\BETSY~Wp9\RBA\County application 0720Ot.wpd 2002 RESUME OF BRUCE ANDERSON- Office: 801 Laurel Oak Drive, Suite 300 Naples, Florida 34108 Telephone: (941) 597-2814 Fax: (941) 597-1060 E-mail: banderson~yvvalaw.com Home: 1670 Crayton Road Naples, Florida 34102 PROFESSIONAL EXPERIENCE Partner, Young, van Assendcrp, Varnadoe & Anderson, P.A., Naples and Tallahassce, Florida, May 1988 through present. Concentration on governmental law with emphasis on land use planning and zoning. Adjunct Professor, Edison Community College, Legal Assisting Program, Naples, Florida, August 1994 to 1996. _. Assistant County Attorney, Board of County Commissioners, Collier County, Naples, Florida, September, 1982, through April, 1988. Represented County in litigation in Circuit and Appellate Courts and before the Florida Public Service Commission on various issues including land use planning and zoning, public utilities. _re.gulatio,,n,., antitrust, ~a~.d,.~c. ivil. rit~ht, s.,.R,egi~t~r~ed- !~Ob_eb~edOo} Collier County with the Florida Legrslature. ~tner responsmmues mciuaea, ar'anmg anu r special legislative acts, ordinances, contracts and o~er.legal docume.nts; negotiating with other public agencies, citizen groups and developers; serving as m-house counsel to all agencies and departments of county government and when requested, providing legal advice to Clerk of Courts, Tax Collector, Property Appraiser and Supervisor of Elections. Promoted to positions of Utilities Counsel in 1985 and to Chief Assistant County Attorney in 1986. Associate, DePew, Grimes, Chesley & Wilson, Attorneys at Law, Bloomington, Illinois, September 1981, through September, 1982. General practice law firm where respons~ilities included operation of satellite office, real estate, probate, banking, family law, criminal law, local government law, personal injury suits and general civil litigation. Intern, Civil Legal Aid Clinic, Gulfcoast Legal Services, Clearwater, Florida. August through December, 1980. Law school internship program where respous~ilities included supervised representation of low income persons on civil matters such as landlord and tenant disputes, small claims, domestic violence and discrimimtion. Law Clerk, Opinions Division, Illinois Attorney General's Office, Springfield, Illinois, June through August, 1980. Respons~ilities included research and preparation of formal and informal Attorney General opinions to state and local officers and agencies regarding authority and limitations on governmental actions and procedures under state and federal laws. Intern, State of Illinois' Federal Liaison Office, Washington, D.C., June through August, 1977. Washington Center for ~. Alternative,s int ,ernslfi?, .pro ~gram ,.wh ,e[e .re, sl~.. ns~il~i, '.?s included monitoring of congressional hearings, research ana anmys~s o~penamg legisianon ana ms effect on state and local government programs, and limited lobbying activities. Page 1 of 2 1'"': 2 2B02 PROFESSIONAL AFFILIATIONS Admitted to practice in Florida and Illinois; Urban Land Institute, Southwest Florida District Council; Local Government, Environmental and Land Use Law Sections of The Florida Bar; State and Local Government Law Section of the American Bar Association; Who's Who in American Law; Collier County Bar Association; Editorial Advisory Committee, "Local Government Law Symposium", law review published annually by the Local Government Law Section of The Florida Bar and Stetson University College of Law (1986-1994); Chairman, Committee on Municipally-Owned Utilities, National Institute of Municipal Law Officers (1984-85, 1985-86). EDUCATION Stetson University College of Law, Juris Doctor (1981); Illinois State University, Bachelor of Science, Political Science (1977). ACADEMIC DISTINCTIONS National Finali.qt, National Moot Court Competition,. sponsored b_y Y,o,un.g La.wyers~S,,ection ~o~t.r~ New York City Bar Association (1981); Excellence m Advocacy Meaax, ,aanencan conege Lawyers (1981); Student Editor, Non-profit Corporations in Florida, published by The Florida Bar (1981); Faculty Research Assist ant, Teaching Assistant, Stetson University College o f Law (1981); Honors Program Scholarship, Illinois State University (1977); Washington Crossing Foundation Scholarship, Washington Crossing, Pennsylvania (1974). COMMUNrrY ACTIVITIES Naples Area Chamber of Commerce, Issues Advisory Council (2000 - present); Collier Building Industry Association, Governmental Affairs Committee (2000 - present); Leadership Collier, Class of 1995; City-County Beach Renourishment and Maintenance Committee (1994 - 1997), Vice- Chairman (1996 - 1997); Collier County Development Services Advisory Committee (1993 - present, past Chairman and Vice-Chairman); Collier County Land Development Code Advisory Committee (1990-91); Naples Area Chamber of Commerce, Transportation Committee Chal,man (1990-91), Government Overview Committee, Vice Chairman (1989-90); Collier County Republican Executive Committee (1986 - 1996), Treasurer (1986-88); Tiger Bay Club; East Naples United Methodist Church, Chairman, Pastor-Parish Relations Committee, Administrative Board (1987-89); Third Street South Area Association, Board of Directors (1989); Collier County United Way, Attorney's Coordinator (1989). F:Xuser~3~ETSY~Wpghg, BA~RESUME 070 ! .wpd Page 2 of 2 2002 LIEUTENANT COLONEL MICHAEL G. COE USMC (RET) Lieutenant Colonel Michael G. Coe was born on June 5, 1944 in Abilene, Texas. He enlisted in the Marine Corps in 1966, graduated from Boot Camp and was assigned to Camp Lejeune, N.C. After several promotions and cruises- aboard Navy Ships, he was selected to attend Officer's Candidate School and graduated in 1967. Following completion of the Basic officers School at Quantico, V.A., he was assigned as an Infantry Platoon Commander with 1st Battalion, 7th Marines, Republic of Vietnam in Jan 1968. Tours of duty included Company Commander, Executive Officer and various staff positions. Upon his return to the USA in February 1969, he was assigned as a Company Commander with 2nd Bn 28th Marines at Camp Pendleton, Ca. ~ In 1970, he was selected to complete his degree at Texas A&M University and graduated in 1971. Transferred to Quantico, Va., Captain Coe became a'Company Commander at Officers Candidate School and subsequently attended Amphibious Warfare School. Captain Coe later served as the Commanding Officer, Marine Detachment USS Forrestal (CVA59) from 1972-1974 and then was reassigned as a recruit Commander at Parris Island, S.C. Promoted to Major in 1978, he was assigned to Language School Monterey, Calif and on to Thailand as the Marine Advisor to the Thai Marine Corps. He was the first US Marine to attend the Thai Parachute Course and subsequently earned his Navy/Marine Parachute wings at age 36. He returned to Camp Lejeune, N.C. and served as the Executive Officer and Commanding Officer of 2nd Reconnaissance Battalion prior to promotion to Lieutenant Colonel in 1981. After over 15 years as a Commander, he was assigned a staff position with 2nd Marine Division and sent to Norwegian Ski School and Cold weather training at age 38. Lieutenant Colonel Coe was then sent in 1983 to the European Command as a Liaison Officer with the Multinational Forces where he worked with the American Embassy Staff, Ambassador Habib, and the international community during the Israeli-Palestinian- Lebanese-Syrian Crisis. He was in the American Embassy when it was bombed in April 1983, and subsequently returned to Camp Lejeune where he completed his tour as Executive Officer, Infantry Training School and a member of the General Staff. He retired in February 1989 with 23 Years of service. Lieutenant Colonel Coe's personal decorations include the Silver Star, two Bronze Stars with combat 'V', Purple Hearts, Defense Meritorious Service Medal, Navy Commendation Medal, Joint Service Commendation Medal, Joint Service Achievement Medal, Navy Achievement Medal, Order of the Cedar (Foreign Award-Lebanon), Drill Instructors Ribbon, Marine Security Guard Ribbon, National Defense Service Medal, Vietnam Service Medal with 5*, Vietnam Campaign Medal, Republic of Vietnam Cross of Gallantry with palm and frame, Presidential Unit Citation w/*, Naval Unit Citation, MeritoriousUnitCitationw/2*,Letters°fAppre~__~~__ Awards), Certificates of Commendation "(2 Awards), Republic of Vietnam Meritorious Unit 'Citation, Combat Action Ribbon w/*, Marine Corps Expeditionary Medal, Overseas Ribbon, and Navy A_rctic Service Ribbon. He is authorized to wear bnth the Royal Thai Navy/Marine parachute devices and the USN/USMC parachute devices. Lieutenant Colonel Coe is a graduate of Texas A&M University in Economics/History and has a Masters Degree from Pepperdine University. He has been a Financial Advisor with Prudential Securities for 8 years, and resides in Naples, Florida. His wife, Captain Priscilla Coe, DC, USNR is the Administrative Officer for the Fourth Medical Battalion, 4th Force Service Support Group, 4th Marine Division located in Newport News, Va. She has a Private Dental Practice in Naples. Lt. Colonel Coe has three children; Captain Richard Coe, USAF currently attending 'Top Gun" fighter school in Las Vegas, a daughter; Michele, who works for INTEL Corp in Folsom, California; and Andrew, who lives in, Plantation, F1 with his wife and works for ATI (Aircraft Technology Inc.) as the Director of Sales and Marketing. EXECUTIVE SUMMARY ADOPT A RESOLUTION AMENDING RESOLUTION NO. 2002-97 AUTHORIZING CONDEMNATION OF RIGHT-OF-WAY AND/OR EASEMENTS REQUIRED FOR THE CONSTRUCTION OF FOUR-LANE AND SlX-LANE IMPROVEMENTS TO GOODLETTE-FRANK ROAD BETWEEN PINE RIDGE ROAD AND VANDERBILT BEACH ROAD, CAPITAL IMPROVEMENT ELEMENT NO. 65 (PROJECT NO. 60134). ESTIMATED FISCAL IMPACT: FROM $85,000 TO $100,000. OBJECTIVE: To adopt a resolution amending Resolution No. 2002-97 which authorized the acquisition by condemnation of fee simple title interests and/or such easements necessary for the construction of four-lane and six-lane improvements to Goodtette-Frank Road between Pine Ridge Road and Vanderbilt Beach Road (hereinafter referred to as the "Project"). CONSIDERATIONS: Initial authorization for the condemnation of right-of-way for the Project was given by the Board of County Commissioners on February 12, 2002, under Resolution No. 2002-97. Since that time further review of the construction plans for the Project has revealed that restoration of the driveway at the main entrance to Calusa Bay, in a manner that will allow safe turning movements and provide safe sight distances, will require new curbing and pavement to be placed beyond the proposed permanent right-of- way line. In order to construct the proposed improvements, it will be necessary to obtain additional right-of-way at the entrance to Calusa Bay to accommodate the proposed cross- walk, and it will be necessary to obtain the right of entry onto private property in the form of a temporary driveway restoration easement. Should the Calusa Bay Master Association (the underlying fee holder) refuse to donate or sell the subject temporary driveway restoration easement to Collier County, the Board of County Commissioners is hereby advised that it is necessary and in the public's best interest to acquire, by condemnation if necessary, the fee simple interest and temporary driveway restoration easement specified on the legal descriptions, attached to resolution as Exhibit "A." Without these interests, the County cannot proceed with the Project. FISCAL IMPACT: Should the condemnation of the fee simple interest and the temporary driveway restoration easement be required in order to meet project objectives, it could add between $85,000 and $100,000 to the costs specified in the Fiscal Impact section of the executive summary which accompanied Resolution No. 2002-97 (Agenda Item No. 10A, February 12, 2002). As with the costs and expenses authorized under Resolution No. 2002-97, any payments will be made from Fund No. 331, Cost Center 163650. MANAGEMENT IMPACT: GROWTH Element, the Goodlette-Frank Road expansion project is an integral part of Growth Management Plan. As part of the County's Capital Improvement Collier County's AG MAR 1 2 2002 RECOMMENDATION: That the Board of County Commissioners of Collier County: 1. Adopt the attached Resolution amending Resolution No. 2002-97; 2. Authorize its Chairman to execute same on behalf of the Board; and 3. Authorize any budget amendments which may be necessary to implement the collective will of the Board as evidenced by the adoption of the attached resolution and the approval of this executive s~ry. .. DATE: ,.~.-- t/....- . n emen REVIEWED BY: ~/.~ ~ ~e~ DATE: Al Ruth, P.E., Project Manager Transpo~ation Engineering and Construction Management ,,,." ',,~,/ /I APPROVED BY: ~~ DATE: ~rCa~ Fe¢¢,~ICP, Administrator T~~ti~ Division AGENDA ITEI~ No._ \ ~ ~) MAR 1 2 2002 Pg. '"L. COLLIER COUNTY GOVERNMENT TRANSPORTATION SERVICES DIVISION TRANSPORTATION ADMINISTRATION 2675 SOUTH ttORSESHOE DRIVE, SUITE 401 NAPLES, FL. 34104 (941) 774-$192 SUNCOM 751-8192 FAX t941) 774-9370 To: From: MEMORANDUM Commissioner James N. Coletta, Chairman, District #5 Commissioner Tom Henning, Vice-Chairman, District #3 Commissioner James D. Carter, Ph.D., District #2 Commissioner Fred Coyle, District #4 Commissioner Donna Fiala, District #1 Norman E. Feder, Administrator, Transportation Division Date: January 31, 2002 Re: Condemnation Resolution for Goodlette-Frank Road from Pine Ridge Road to Vanderbilt Beach Road On February 12, 2002, the Board of County Commissioners will consider the adoption of a Condemnation Resolution for the property interests necessary to four-lane Goodlette-Frank Road from Pine Ridge Road to Vanderbilt Beach Road. This memorandum contains vital information that the Board of County Commissioners must consider in adopting this Resolution. 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 north-south arterial capacity within Collier County for travel demands west of 1-75 has been identified and studied at the long range planning level for more than a decade. Due to past and current development patterns ..~f~¥~ AGENDA iTEM No .... _\ O ~ MAR 1 2 2O02 Pg. ~ TRANSPORTATIONC~ COLLIERGOV. NET Goodlette-Frank Road Memo January 31, 2002 Page Two alternatives exist other than existing roadway alignments and the developing Livingston Road corridor for providing additional roadway capacity without significant impact to businesses and residents. US 41 provides for both internal and interregional travel to and through Collier County. It is currently six-lanes or programmed for six-lanes from Collier Boulevard (SR/CR 951) to the Lee County line. This is the maximum number of through lanes based on FDOT policy. Parallel to this section of Goodlette-Frank Road is existing Airport Road, which is currently being expanded to six-lanes. East of Airport Road, Livingston Road is under construction or funded for construction as a six-lane roadway in the current fiscal year. Opportunities for other arterial facilities between any of the four referenced roadways is limited or non-existent. During the design process that commenced in October, 1997, a corridor e','aluation was conducted to determine where within the existing corridor the appropriate alignment of improvements should be made to Goodlette-Frank Road between Pine Ridge Road and Vanderbilt Beach Road. Several opportunities for public input were pro','ided during that portion of the design phase. The findings ,,,,'ere presented to and an alignment approved by the BCC in February of 2000. The final design is based on that approved alignment. Additional meetings from the 60% to the 90% design plan stages were held to provide opportunity for public input. These meetings were held in March and Jul>' of 2001. Safety factors The design of the Goodlette-Frank 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 a six- laning Goodlette-Frank Road has been identified. The four-laning within an ultimate six-lane right-of-way is consistent with current and near future travel demand needs and the availability of financial resources. ~'A~' ~ENDA ITEM No. \o 2002 Goodlette-Frank Road Memo January 3 I, 2002 Page Three 4. 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 impacts to the Naples Water Treatment and Well site within the project limits. Specific environmental impacts and opportunities to avoid or mitigate were determined as part of.the design and permitting process for the provision of roadway improvements as well as the necessary stormwater retention/detention areas. 4. 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 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. Current estimate of cost to construct is $10,000,000. 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 c. Thomas Olliff, County Manager Jim Mudd, Deputy County Manager David Weigel, County Attorney Jacqueline Hubbard-Robinson, Assistant County Attorney Steve Miller, Director, TECMS Dawn Wolfe, Director, Transportation Planning A1 Ruth, Senior Project Manager, TECMS AGENDA iT~ ilo. ¥.o MAR 1 2 2002 RESOLUTION NO. 2002 - A RESOLUTION AMENDING RESOLUTION NO. 2002-97, AUTHORIZING THE CONDEMNATION OF FEE SLMPLE INTERESTS AND/OR THOSE PERPETUAL OR TEMPORARY EASEMENT INTERESTS NECESSARY FOR TI-[E CONSTRUCTION OF FOUR-LANE AND SIX-LANE IMPROVEMENTS TO GOODLETTE-FRANK ROAD BETWEEN PINE RIDGE ROAD AND VAN'DERBILT BEACH ROAD, CAPITAL IMPROVEMENT ELEMENT NO. 65 (PROJECT NO. 60134). WHEREAS, after due consideration of the availability of alternate routes and locations, the comparative costs of project alternatives, various impacts upon the environment, long range planning options, and public safety considerations, the Board of County Commissioners (Board), on February 12. 2002, adopted Resolution No. 2002-97, authorizing the condemnation of fee simple interests and/or perpetual or temporary construction easements necessary for the construction of four-lane and six-lane improvements to Goodlette-Frank Road bemeen Pine Ridge Road and Vanderbilt Beach Road (hereinafter referred to as the "Project"); and WHEREAS, further review of the construction plans for Project has revealed that restoration of the drixev, ays at the main entrance to Calusa Bay will require an additional temporary drive,ray restoration easerr, ent and an additional fee simple interest to accommodate a public cross-x\ alk; and WHEREAS. the location for construction of the proposed improxements has been fixed by surxey and is represented by the legal descriptions comp:ising Exhibit 'A" attached hereto and incorporated ~.erein; and WHEREAS, after consideration of the availability of alternate routes and locations, the comparative costs of project a]temarixes, x arious impacts upon the environment, long range planning options, aad public safety considerations, the Board desires to exercise its right to condemn property for public pu~oses. NO\V. THEREFORE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that it has been determined by the Board that the construction of the improx ements required to re,tore thg entrance to Calusa Bay and to accommodate a public cross-x\ alk along Goodlette-Frank Road is necessary and in the public's best interest in order to protect the health, safer.', and ~elfare of the citizens of Co:lier County. AND IT IS FL'RTHER RESOLVED that in order to construct the Project as designed, and to safely restore the entrance into Calusa Bay, it is necessary for the Board to acquire an additional right-of- way parcel and the temporary driveway restoration casement parcel, collectively described in Exhibit "A;" and AND IT IS FURTHER RESOLVED that the County Staff has reviewed alternative Iocations for the Project, and the costs associated with the design, property rights acquisition, and construction of the Project, as well as public safety and welfare considerations associated with the design and construction of the Project, and various impacts to the environment, and the Board finds that after consideration of these Page I NO. \ 6 NAR 1 2 2002 pg. issues, the most feasible location for construction of the proposed improvements is collectively represented by the legal descriptions comprising Exhibit "A" attazhed hereto and incorporated herein. AND 1T IS FURTHER RESOLVED that the County staff is hereby authorized to immediately acquire by condemnation in accordance with the proxisions of Chapters 73, 74 and 127, Florida Statutes, the real property interests (fee simple interest and temporary driveway restoration easement) more particularly described in Exhibit "A", attached hereto and incorporated herein. AND IT IS FURTHER RESOLVED that no mobile homes are located on the property sought to be acquired and therefore it will not be necessary to remove any mobile homes from the property to be acquired. .~\~D IT IS FURTHER RESOLVED that this Resolution supplements Resolution No. 2002-97, which shall remain in full force and effect. This Resolution adopted on this __ and majont> vote. ATEEST: DWIGHT E. BROCK, CLERK day of 2002, after motion, second BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: JAMES N. COLETTA, CHAIRMAN Approved as to form and leo_al_l ~ufficiencv:~ ~,,.iqe'idi F. Ashton 'sistant Count>' Attorney Page 2 MAR 1 2 2002 Pg. '-'l PROJECT NO.: ' 6Q1~4 PROJECT PARCEL ~0. : 133 TAX PARCEL NO.: LOT '0 LOT g LOT 8 :or 7 LOT ~ LC'; 5 LOT .: LOT 3 // PAI~Cr/ 133 ACRe'S, ~-,/- // // LEGEND: FEE SIMPLE INTEREST EXHi'~BIT._.~ GRAPHIC SCALE i J~ch = 200 fL O.R. INDICATES OFFICIAL RECORDS mO. IND{CATES PAGE P.C.P. INDICATES PERMANENT CONTROL POINT NOTES: 1. TH:S IS NOT A ~"jRVE. Y. 2. B.~ARINIOS SHO~'N ~[REON AR~ BASED COOD~-~K ROAD ~ICH HAS A ~EA~NG ~ N. 07~8'12' ~ 5. ~8~CT TO [ASEM[NTS. RESERVA~S AND RES~JC~DNS OF R[CORD. 4. NOT VALID ~OgT SH~T 2 ~ ~ SKETCH AND DESCRIPTION SECTION ,3, TOWNSHIP 49 SOUTH, RANGE 25 EAST COLLIER COUNTY, FLORIDA JOHNSON ENGINEERING, INC. Ir#OlNIrERI. IUI~V£YORI AND ECOLOGIITI MAR 1 2 2002 PROJECT NO. :~ 60134 PROJECT PARCEL NO.: 13~ TAX PARCEL NO.' EXHi _ T,. A FEE SIMPLE INTEREST DESCRIPTION: PARCEL 135 A PARCEL OF LAND LOCATED IN SECTION 3, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE INTERSECTION OF THE NORTHERLY RIGHT-OF-WAY LINE OF ORANGE BLOSSOM DRIVE, A IO0-FOOT RIGHT-OF-WAY AS RECORDED IN OFFICIAL RECORDS BOOK 1099, PAGE 1129 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA AND THE EASTERLY RiGHT-OF-WAY LINE OF FRANK BOULEVARD (GOODLETTE-FRANK ROAD) AS PER PLAT RECORDED IN PLAT BOOK 15, PAGE 58 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA AND THENCE RUN NORTH 07'08'12" EAST ALONG SAID EASTERLY RIGHT-OF-WAY LINE OF GOODLETTE-FRANK ROAD, A DISTANCE OF 1412.67 FEET; THENCE RUN SOUTH 82'51'45" EAST, A DISTANCE OF 15.00 FEET TO THE POINT OF BEGINNING; THENCE RUN NORTH 07'08'12" EAST, A DISTANCE OF 98.80 FEET; THENCE RUN SOUTH 82'51'48" EAST, A DISTANCE OF 9.00 FEET; THENCE RUN SOUTH 07'08'12" WEST, A DISTANCE OF 98.80 FEET; THENCE RUN NORTH 82'51'48" WEST, A DISTANCE OF 9.00 FEET TO THE SA~D POINT OF BEG:.NNiNG. CONTAINING 0.020 ACRES OF LAND, MORE OR .'_ESS SKETCH AND DESCRIPTION SECTION 3, TOWNSHIP 49 SOUTH, RANGE 25 EAST COLLIER COUNTY, FLORIDA JOHNSON ENGINEERING. INC. ENGIINEERI. IUK'VI~II &ND ECOLOGIITI AGENDA iTEM No. \ O __ NAR 1 2 2002 pg. O~ PROJECT NO. : . 60124 PROJECT'PARCEL NO. : 733 TAX PARCEL NO. : Temporary Driveway Restoration Easement (Duration: 3 Years From Commencement of Construction) LEGEND: LOT fO EXHIBIT A Page 3 of 4 O.R. iNDICATESOFFICJAL RECORDS PC. iNDICATESPACE P.C.P. INDICATESPERMANENT CONTROL. POINT GRAPHIC SCALE 20~' ~' lOO' 200' ( m FZrr ) 1 inch = 200 fL PARI2 EL 733 0.135 ACRES, ..~/- NOTES: 1. TN~S IS NOT A SUR'~..Y. BEA~IN~ SHO~ HEREON ~ ~ ~ ~E EAST R~GHT ~ WAY UN[ OF ~03~-~ANK ROAD ~1~ HA5 A BEING ~ N. 0~8'12' E. 3. ~B~CT TO EASEMENT~ R[SERVA~ONS AND ~1C~S ~ RECORD. / ' 4. NOT VALID WIT'~OUT S~EET 2 O-- 2. POINT OF COMMENCEMENT / / / SKETCH AND DESCRIPTION SEC~ON 3, TOWNSHIP 49 SOUTH, RANGE 25 EAST COLLIER COUNTY, FLORIDA JOHNSON ENGINEERING. INC. AGENDA ITEM No. \0 MAR 12 2002 Pg. \~ PROJECT NO. : , ~0134 PROJECf PARCEL NO. : 753 TAX PARCEL NO. : Temporary Driveway ~storation Easement ,ration: 3 Years Frcm ,~mencement of Construction) EXHIBIT A Page 4 of 4 DESCRIPTION: PARCEL 733 A PARCEL OF LAND LOCATED IN SECTION 3, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE iNTERSECTION OF THE NORTHERLY RIGHT-OF-WAY LINE OF ORANGE BLOSSOM DRIVE, A IO0-FOOT RIGHT-OF-WAY AS RECORDED IN OFFICIAL RECORDS BOOK 1099, PAGE 1129 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA AND THE EASTERLY RIGHT-OF-WAY LINE OF GOODLETTE-FRANK ROAD (FRANK BOULEVARD) AS PER PLAT RECORDED 1N PLAT BOOK 13, PAGE 58 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA AND RUN NORTH 07'08'12" EAST ALONG SAID EASTERLY RIGHT-OF-WAY LINE OF GOODLETTE-FRANK ROAD, A DISTANCE OF 1577.67 FEET; THENCE RUN SOUTH 82'51'48" EAST, A DISTANCE OF 24.00 FEET TO THE POINT OF 3EGINNING; THENCE RUN NORTH 07'08'12" EAST, A DISTANCE CF 155.80 FEET; THENCE RUN NORTH 82'51'48" WEST, A DISTANCE OF g.00 FEET; THENCE RUN NORTH 07'08'12" EAST, A DISTANCE OF 21.41 FEET; THENCE RUN SOUTH 43'15'21" EAST, A DISTANCE OF 57.86 FEET TO A POINT ON A CURVE CONCAVE SOUTHW~STERLY AND HAVING A RADIUS OF 95.91 FEET, A CENTRAL ANGLE OF 27'03'35" AND A CHORD BEARING AND DISTANCE OF SOUTH 53'43'51" EAST, 44.88 FEET, RESPECTIVELY; THENCE RUN SOUTHEASTERLY ALONG SAID CURVE, AN ARC DISTANCE OF 45.30 FEET; THENCE RUN SOUTH 52'52'30" WEST, A DISTANCE OF 60.05 FEET; THENCE RUN SOUTH 46'46'48" WEST, A DISTANCE OF 62.26 FEET TO THE SAID POINT OF BEGINNING. CONTAINING 0.136 ACRES OF LAND, MORE OR LESS. SKETCH AND DESCRIPTION SECTION 3, TOWNSHIP 49 SOUTH, RANGE 25 EAST COLLIER COUNTY, FLORIDA JOHNSON ENGINEERING, INC. AGENDA ITEM /)_ No.__ 1.'._) MAR 12 2002 Pg. ~ \ .... EXECUTIVE SUMMARY PRESENTATION AND APPROVAL OF TRANSPORTATION HNANCING PLAN OBJECTIVE: Board approval of the Transportation financing plan developed as a follow-up to the December 18, 2001 Transportation Annual Update and Inventory Report (AUIR) workshop. CONSIDERATIONS: On December 18, 2001 a workshop was conducted relative to the (AUIR) associated with the Collier County transportation component of the Growth Management Plan. During this workshop, four financing options for the five-year transportation program were presented to the Board of County Commissioners. None of the four funding options identified is an optimal means of funding transportation projects as each would require either increases in General Fund ad valorem taxes (by increasing the General Fund millage rate or by maintaining the existing General Fund millage rate with assumed increases in county-wide taxable value) and/or service level reductions. In addition, the options presented are noted below: (1) Pay as you go financing with a substantial increase in the General Fund millage rate; (2) A bonding option for the entire five year shortfall including $44M in enhancements such as decorative street lights, landscaping, sidewalks, etc.; (3) A bonding option for the entire five year shortfall excluding $44M in enhancements; such as decorative street lights, landscaping, sidewalks, etc.; (4) An option bonding 75% of the five-year transportation shortfall through a combination of all gas tax revenues and a portion of sales tax revenues. This option also excludes the $44M in enhancements, with the remaining 25% of the five-year funded on a pay as you go basis through a combination of ad valorem taxes generated from increases in taxable value and/or service level reductions. After careful deliberation, the Board determined that the fourth option noted above would be the financing mechanism incorporated into the AUIR report submitted to the State of Florida to maintain Collier County concurrency requirements relative to transportation. This committed the County to meeting transportation concurrency requirements through a combination of ad valorem taxes and bonding gas and sales taxes. Staff committed to develop the details of this financing plan for presentation to the Board in February. The transportation program is an aggressive plan that assumes bonding of $192.9 million during the period from FY 02 through FY 06, as well as pay as you go financing of $64.3 million. AGEN6'A"~EM No. /~ ~ MAR 1'2 002 Pg. However, there are many variables potentially impacting when bond proceeds will be required. These variables include, but are not limited to: · Environmental permitting issues, · Potential delays in right of way acquisition, · Production constraints of available paving contractors, · Neighborhood concerns relative to roadway alignments · ?ayout curve of road projects (typically 18-24 months), · Conflicts with utility construction projects. Because of this uncertainty, the County needed to evaluate various financing alternatives that can provide the following: (1) flexibility in timing of the issuance of debt; (2) decrease the risk of negative arbitrage during construction periods (earning yields less than the interest paid on outstanding bonds); and, (3) efficiency in the issuance of multiple revenue bonds. The County's Financial Advisor identified a program that would meet the County's financial requirements, while providing flexibility in timing cash draws with payment requirements. In general terms there are two financing structures the County may choose to fund the transportation needs: fixed rate bonds or variable rate bonds. The Financial Advisor focused his review on the economics and risks associated xvith each of these alternatives. Collier County debt currently consists primarily of fixed rate obligations. Only a small portion of the County's debt (less than 10%) is variable rate throu~h the Florida Association of Counties Commercial Paper Pro,am. The advantages of fixed rate debt for Collier County include the known cost of debt service, the ability to set rates and charges to provide for coverage requirements based on a 'known level of debt service, and reduced administrative costs associated with handling variable rate and other short-term maturity structures. However, long term fixed rate debt does not allow Collier County to receive benefit from the low interest rates available in the early portion of the yield curve. While fixed rate debt provides Collier County with a guaranteed debt structure and a l, mown cost, the County should consider placing at least a portion of its debt service in a variable rate mode to take advantage of the lower rates on the early part of the yield curve. Generally, rating agencies and insurance companies view variable rate debt in the range of 20% - 30% of the total debt structure of a government as being an acceptable mix and not resulting in a change in rating depending on the underlying credit and issuer's liquidity position. The primary decision in the selection of a variable rate versus a fixed rate financing is the degree of exposure to interest rate volatility the County is willing to accept. Variable Rate Demand Instruments ("VRDI") are a cost-effective financing vehicle for municipal issuers with access to the tax-exempt markets. A VRDI is a bond or obligation at a variable interest rate with a "tender" feature. The tender feature gives bond purchasers the right to demand payment on the VRDI's at par value and with very short notice. A~- '-'' ' .,m_ r'q.j ,~ M ZOO',_ While VRDI's are a long-term obligation, the variable rate and the tender feature, allow VRDI's to trade like short-term securities, thereby offering the borrower (Collier County) the advantage of lower interest rates. While over the past few years, municipal variable rates have been at historically low levels, there is no assurance that this low interest rate trend will continue. This risk exposure can be controlled somewhat through the purchase of an interest rate cap or by entering into an interest rate swap. Additionally, VRDI's benefit Collier County by providing greater flexibility for redemption of the bonds with no prepayment penalty or a swap to a fixed rate in the event of rising interest rates. Another variable rate alternative is the Commercial Paper program that has been used previously by Collier County. Because of the uncertainty in the timing of the required capital for the transportation program, County staff, in conjunction with the Financial Advisor, is evaluating various financing programs such as those noted previously (both fixed and variable rate). Individual financing decisions will be made at the time when additional capital is required. The program that bests suits the County's needs in terms of cost and risk will be used. These decisions will be brought to the Board for approval at that time. Summarx' of Transportation Financing Plan FY 02 - FY 06 {exCluding S44.1 M enhancements,) The Transportation Capital Program has a five-year shortfall of $257.2 million. Pursuant to the Board policy direction from the December 18, 2001 Transportation AUIR workshop, 75% of the projected shortfall ($192.9 million) would be financed through the issuance of revenue bonds. Of the S192.9 million in revenue bonds issued, approximately $147.0 million would be secured by pledging available gas tax revenue (using all of the estimated remaining gas tax bonding capacity), with the remaining balance $45.9 million secured by pledging available sales tax revenue. The remaining transportation project-funding shortfall of $64.3 million will be funded on a pay-as-you-go basis. A summary of the Transportation Plan financing sources is presented in the following graph: AGENDA ITEM $160.000.0000 $140,000,000.0 $120,000,000.0 $100,000,000.0 $80,000,000.0 $60,000,000.0 S40,000,000.0 $20,000,000.0 $0 ~0 Road Plan Financing Sources (FY O2 - FY O6) 1 ~. t --1 ~;tu.1 · ......................... F1Revenue Bonds FY 02 FY 03 FY 04 FY 05 FY 06 1~; 02 In FY 02, the financing plan assumes the issuance of $72.8 million in revenue bonds supported by gas taxes. Gas taxes are restricted in use to transportation-related expenditures, whereas sales tax revenue can be bonded to finance capital projects in multiple program areas (park facilities, government buildings, jail facilities, etc.). Therefore, staff recommends bonding the available gas tax capacity, prior to the issuance of any sales tax revenue bonds. The Financial Advisor indicated that gas taxes have a bonding capacity that would yield S147.0 million in project expenses. Therefore, additional gas tax bonding capacity of $74.2 million would remain after the FY 02 bonds are issued. The required debt service, assuming 20-year bonds ~vith a 5% interest rate amounts to $5,878,400. This am6unt is the required General Fund support of roads in FY 03. FY 03 In FY 03, the financing plan assumes the issuance of $81.9 million in revenue bonds supported primarily by gas taxes ($74.2 million or the entire balance of the estimated gas tax bonding capacity), with a small portion supported by sales tax ($7.7 million). The required debt service, assuming 20-year bonds with a 5% interest rate amounts to $6,605,100. This amount is the additional General fund support of roads in FY 03. The cumulative debt service amounts to S 12,483,500. AGEt',:2 ,fi,,~T E ~'r~ MAD, 2O0? FY 04 In FY 04, there is a projected shortfall of $68.4 million. However, the Board committed to bonding only $192.9 million (75% of the projected shortfall from FY 02 - FY 06). The remaining bondable amount in FY 04 is as follows: Fiscal Year FY 02 Bond Issued FY 03 Bonds Issued FY 04 Bonds Total Bonding Commitment Amount of Bonds $ 72.8 million $ 81.9 million $ 38.2 million. $192.9 million As there is only $38.2 million available in bonding commitment in FY 04, the remaining shortfall of $30.2 million ($68.4 M shortfall less $38.2 M bonds) must be funded on a pay-as- you-go basis. However, the magnitude of a $30.2 million addition to the General Fund operating budget in a single year is sig-nificant and would either adversely impact the General Fund millage rate or require major service reductions. In addition, project timing and cash payouts for transportation projects would occur over approximately a t~vo-year period. Therefore, it is recommended that a short-term borrowing mechanism such as Commercial Paper be used to effectively "smooth" this spike. This is also recommended in FY 05 and FY 06. Commercial Paper loans for the shortfalls in FY 04 - FY 06 would effectively spread the cost of these projects over a five-year period. Given the anticipated payout schedule for capital projects, this is deemed a better alternative than levying taxes for the entire amount in each fiscal year. A further assumption was that the bonds would be issued late in the fiscal year and that debt service payments will commence in the subsequent fiscal year. Debt service calculations were predicated on an interest rate of 5%. The initial funding shortfall of $257.2 million does not include the impact of the cumulative debt service associated with the revenue bonds and the Commercial Paper loans. The required debt service by fiscal year is noted in the following graph. These amounts represent the required General Fund support of the transportation capital program through FY 201'0, based on debt issued from FY 02 - FY 06. AGEND,~ ITEM MAF i2 200? $35.0 Transportation Financing Plan Debt Service, excluding Enhancements (Millions) $30.9 $30.3 $29,7 $23.1 $25.5 ~i~ $23.0 $12.5 _ $0.0 ['--] ..... -- $30.0 $25.0 $20.O $15.0 $1o.o $5.0 $0.0 FY 02 FY 03 FY 04 FY 05 FY 06 FY 07 FY 08 FY 09 FY 10 The road financing plan assumes that the trend of increasing taxable value in Collier County will continue and that there is no reduction to the General Fund millage rate. Historical and assumed increases in taxable value used in this analysis are presented in the following graph: Historical and Assumed Increases in Collier County Taxable Value (FY 93 - FY 06) Average (FY 94 - FY 02) = 9,8% 22.50% 20.00% 17.50% 15.00% 12.50% 10.00% 7.50% 5.00% 2.50% 0.00% FY FY FY FY FY FY FY FY FY FY FY FY FY 94 95 96 97 98 99 00 01 02 03 04 05 06 If growth in taxable value were less than projected, there would have to be reductions, a General Fund millage rate increase, or a combination thereof. se~i.c e_..l~'¢l _ AGENDa iTEM ~o. 2002 Required General Fund Support -Transportation Financing Plan (inc. $44.1 M enhancements~ If the $44. I million in enhancements were included in the Transportation Capital Program, the five-year shortfall would increase to $301.3 million. Assuming the bonding component remained at $192.9 million, the required pay-as-you-go component would increase from $64.3 M to $108.4M. A comparison of the required annual General Fund support of the Transportation Capital Program would be as follows: Comparison of General Fund Support of Road Program without and with Enhancements (millions) $45 ~4~.4 $35 ........... $3a.9 $29.4 S30 , $22,.1 $25 ' $2O $t3.8 S15 $10 $5.9 $6.5 $5 $0.0 $0 FY 02 FY 03 FY 04 FY 05 FY06 FY 07 S40.3 $39.2 · w/Enh. FY 08 FY 09 FY10 FISCAL IMPACT: The five-year Transportation capital plan has an identified deficit of $257.2 million. This will require bonding of $192.9 million and pay-as-you-go funding of $64.3 million. Based on the assumptions contained herein, the annual General Fund support of the road program through FY 06 is as follows: Fiscal Year Cost without Enhancements Cost with Enhancements FY 03 $5,878,400 $6,450,300 FY 04 $12,483,500 $13,776,100 FY 05 $23,105,500 $29,404,500 FY 06 $25,503,400 $41,362,000 The amount noted above for FY 03 will be included in the General Fund budget. GROWTH MANAGEMENT IMPACT: Funding the Transportation capital program is necessary to maintain Management Plan. road projects in the five year concurrency with the Growth AGEND.~ ITEM RECOMMENDATION: That the Board of County Commissioners: 1. Accept the transportation capital financing plan developed by staff; Prepared by: //'~,?,,,~.'~z~ f'-" ~ Office Michael ,Srnyyowski, Dire,~,t~, of Management and Budget Reviewed by: ' Wi~m/~rr~./~eaZ'~n,~'~llie~o~nty Financial Advisor Sen~/C;'~- ~ '"' -/ -'x'"'/Vi/:e-P~~ R. Hough & Co. Reviewed by: N(~rm i/nn ~:~der, tI'~-~.sportation' Services Administrator Approved by: Thom~W. Olliff, County Manager AGE[WDA iTEM No._. !2 EXECUTIVE SUMMARY ADOPTION OF FY 03 BUDGET POLICY OBJECTIVE: That the Board of County Commissioners adopt policies to be used in developing the Collier County Government budget for fiscal year 2003. CONSIDERATIONS: In order for staff to begin preparation of the FY 2003 Collier County Government budget, direction is needed from the Board of County Commissioners on major policy issues. Attached to this Executive Summars.~ is a listing of pertinent policy issues that will affect preparation of the FY 2003 budget. The purpose of today's discussion is for the Board to reach consensus on the policies upon which the budget will be based. The Executive Summao' is broken doxvn into three distinct elements. The first element (pp. 2-4) consists of new budget policies proposed in FY 02 that require policy direction from the Board. The second element (pp. 5-7) consists of standard budget policies that the Board has endorsed for a number of fiscal years. The third element consists of a three (3) year analysis of the General Fund (001) and the Unincorporated Area General Fund MSTD (111) so the Board understands the --'Cuture financial implications of the recommended budget policies. Finally, the Board needs to establish September public hearing dates for the adoption of the FY 03 budget. The School Board has selected September 17, 2002 for their final budget hearing. Recommended dates for the Collier County budget public hearings are September 5, 2002 (Thursday) and September 18, 2002 (\Vednesday). GROWTH MANAGEMENT IMPACT: There is no Growth Management impact. FISCAL IMPACT: The adopted policies will serve as the framework for the development of all budget and ad valorem taxation issues for fiscal year 2003. RECOMMENDATIONS: That the Board of County Commissioners adopts budget policies as detailed in the attachments to this Executive Summary, and establishes public hearing dates in September. Submitted Michael Smykowski, OMB Director Approved by: ~'~ Thomas W. bllif~-C~;.~int~; Manager DATE: March 5, 2002 DATE: New Proposed Budget Policies for FY 03 Schedulin~ Issues Decisions Required (bold) Establish Budget submission dates for the Sheriff, the Clerk of Courts, and the Supervisor of Elections. June Budget Workshops Adoption of proposed millage rates Resume regular Board meeting schedule Establish public hearing dates* Staff Recommended Date(s) June 1, 2002 Mid-late June July 30, 2002 (Tuesday) September 10, 2002 September 5, 2002 (Thursday) September 18, 2002 (Wednesday) *Thc School Board has first priority in establishing public hearing dates. The School Board final budget hearing is scheduled for September 17, 2002. The Commission chambers are reserved for the tentative dates for Collier County Government budget public hearings. Budget Presentation Format The program summary information for the Board Agency is being revised for FY 03. Current year budget requests will be allocated on a programmatic basis. Each program will include a brief description, desired outcome of the program, total cost, offsetting revenues, and a net cost associated with each program. The relative priority of each program will also be identified. (See attachment). · Budget presentations will be in a summary format, at the fund level. Discussion will focus on major increases in both budgeted revenues and expenditures at the fund level. · Funds where the Board has limited policy-making roles (debt service, single purpose taxing districts, trust funds) will be ag~egated and presented at a macro level. EMS Charges for Service There are significantly greater costs associated with an EMS helicopter transport than with a ground unit (ambulance) transport. The current EMS base rate for a ground transport is $350, as compared to $500 for an EMS helicopter transport. Collier County's helicopter service is certified as a Part 135 provider. Part 135 is a certificate issued by FAA with specific minimum requirements relative to training, record keeping, maintenance, monitoring, and educational that need to be upheld. A Part 135 certificate allows the air carrier to charge for service. Those EMS agencies that utilize the helicopters of their County Sheriff's Office or public safety office cannot charge for the helicopter portion of the transport. For example, a County EMS provider in this situation would charge for the ground portion of the call and the helicopter ride would be free. Current rate structures for other Florida based Part 135 EMS helicopters are noted in the follOWing table. Rate Structures for Florida based Part 135 EMS Helicopters Name Location Liftoff Mileage Additional Charges Fee Charge! Bayflite St. Petersburg/Tampa $3,900 $60.00 None Life Flight - BMC Jacksonville $3,900 $60.00 None Air Care Team Orlando $3,777 $60.00 None Lifeflight Miami $3,500 $60.00 Specialty Teams Childrens Biscayne Aeromed Miami $3,500 $60.00 $50- oxygen Aeromed Tampa Tampa $3,300 $60.00 Advance Care ($1,000) Florida Flight One I Orlando $3,300 $60.00 $48 - oxygen Shandsair Gainesville $3,200 $60.00 $25 - oxygen First Flight Melbourne $3,038 $60.00 $31 - oxygen, $100 - iv, $177 - aim'ay Medicare n/a $1,695.30 $31.79 i n/a Prevailing Rate i ,! Med FlightI Collier County $500 $10.00 None As noted above, the Medicare prevailing rate for an EMS helicopter transport is currently $1,695.30. · Recommendations: EMS rates should be revie~ved on an annual basis to reflect the inflationary impact of providing this service. · The base rate and all associated charges and fees for EMS helicopter transport and EMS ground transports shall be no less than the Medicare prevailing rate for such services. · Staffwill incorporate rate adjustments for EMS service into the FY 03 budget recommendations. Compensation Administration - The philosophy of Collier County Government is to provide a market-based compensation program that meets the following goals: 1. Facilitates recruitment of knowledgeable, skilled and experienced employees. 2. Encourages and supports continuous training and professional development. 3. Recognizes and rewards individual and team achievement. Recommendation: Budget 4.0% of the total Personal Service budget for FY 03 compensation plan adjustments. The typical employee with family health coverage and meeting expectations in terms of job performance would receive a raise, net of the increase in employee health care contribution, approximating the cost of living. Proposed Uses of Gas Taxes Based on the Board's policy decisions relative to the Annual Update and Inventory Report (AI_7iR) regarding Transportation, beginning in FY 03 all available gas tax revenue will be used to support the Roads Construction Capital Improvement Program. Gas tax reve not be used for roadway maintenance activities. In the FY 02 budget, S3,000,000 of revenue was used to support Road and Bridge maintenance activities. Use of Interest Earnings to Support the Road Construction Program Previously, the Clerk of Courts noted that due to recent changes in Florida Statutes, interest earnings on surplus funds invested by the Clerk become revenue of the Clerk's Office and would ultimately be turned back to the Board at the end of each fiscal year. This revenue would accrue to the benefit of the General Fund and could then be applied toward the road program shortfall. The County Attorney's Office and the Clerk of Courts are evaluating the feasibility of using interest earnings from multiple funding sources that would be available for general government purposes. Sheriff's Funding The Sheriff acknowledges that his resources are distributed on a countywide basis. In addition, the Florida Supreme Court rulings support the concept that Sheriff's Office patrols provide a real and substantial benefit to municipal residents. Eighty percent (80%) of counties surveyed allocate all costs of the Sheriff's Office to the countywide General Fund. Based on the above information, staff recommends that the Sheriff's Office budget continue to be allocated 100% to the countywide General Fund. Maximization of Impact Fees Collier County will assess the maximum impact fees allowed by law, as supported by impact fee studies. The following impact fees are scheduled to be updated in FY 03: Library (comprehensive impact fee rate study) · EMS (comprehensive impact fee rate study) · Roads (comprehensive impact fee rate study) · Water (update FY 02 rate study) · Wastewater (update FY 02 rate study) Impact fee rate studies being developed or updated in FY 02 included the following: · Roads, · Fire, · Parks, · Correctional Facilities, · Law Enforcement, · Schools New Impact Fees Recommended Typically, the cost of facilities for general government activities would be borne by the taxpayer in the countywide General Fund. As Collier County grows, there will be demand for expanded general government facilities and for court system related facilities. Recommendation: Staff recommends that new impact fee(s) for government buildings and court facilities be established. Florida Counties with existing impact fees for public buildings or administrative facilities include: Citrus County, Hernando County, St. Johns County, St. Lucie County, Martin County, Palm Beach County, Nassau County, and Charlotte CountyJ [ ?.,C,E['.iD !~. ITEM ,....~" Existing County Budget Policies for FY 03 Budget Policies Affecting Operating Budgets Financial Management/Financial Budget Development OMB staff will prepare annually a three-year projection of General Fund and MSTD General Fund revenues and expenditures to improve financial planning and to understand the long- term impact of funding decisions made in FY 03. Grant Funded Positions · Any positions formerly funded with grant funds being recommended for inclusion in a general (non-grant funded) operating budget shall be treated as expanded service requests. Attrition Based on historical evidence, funds with 10 or more budgeted positions that have generated salaD' savings will utilize a 4% attrition factor in developing the FY 02 budget. Exceptions would include EMS, Ochopee Fire, and the Tax Collector. Self-Insurance To conduct an actuarial study of the self-insured Workers' Compensation, Property and Casualty, Group Health Insurance programs. Program funding to be based upon a confidence interval of 75%, with the exception of group health to which a confidence interval is not applicable. Reserves Operating funds may budget, at a minimum, a 5% reserve tbr contingency. A reserve for contingency is typically budgeted in all operating funds, with the exception of the Constitutional Officer funds. Reserves for the Constitutional Officer funds shall be appropriated within the County General Fund. · The General Fund reserve for cash flow is $3,000,000. In the MSTD General Fund, the recommended reserve for cash flow is $250,000. Contract Agency Funding · The Board of County Commissioners will not fund any non-mandated social service agencies. External Operating and Capital Pro[ect Funding Requests External operating and capital budget requests should only be considered within the framework of the budget process. Requests for funding received outside the boundaries of the budget process shall be considered in the subsequent year's budget cycle. ~ ! (Maintenance} · Recognizing Unincorporated Area General Fund MSTD (111) appropriate, dedicated funding source for median beautification maintenance costs. BCC Fee Waiver Policy The Board of County Commissioners (Board) will consider requests for waiver of fees on a case-by-case basis limited to fees established for the following: temporary use and special event permits; right-of-way permits; land use petition applications; site development and site improvement plan applications; and fees for the limited use of County-owned property and facilities. On an annual basis, funds will be appropriated from General Fund reserves (001) to cover the cost of such fee waivers. The Board may grant a waiver of these fees to cover multiple recurring events within any 12- month period, provided the number of events during that 12-month period does not exceed 12 and that no more than one event is scheduled in any 30-day period. Requests for waiver of fees made by non-profit organizations and not-for-profit corporations for events previously granted a fee waiver would be placed on the Board's Consent Agenda. Revenue Policies Carryforward · Alt funds that are unexpended and unencumbered at the end of the fiscal year will be appropriated as carryforvcard revenue in the following .,,'ear. · In the event that sufficient cash is not available to meet General Fund operating needs, staff will make arrangements to borroxv against pooled cash. Indirect Cost Allocation Plan The policy of charging enterprise and special revenue fhnds for support services provided by General Fund departments will be used again in FY 02. The basis of these charges is a detailed indirect cost allocation plan prepared by a consultant. Enterprise Fund Payment in Lieu of Taxes The Solid Waste Fund and the Collier County Water-Sewer District will contribute a payment in lieu of taxes to the General Fund equal to the prior year General Fund millage rate multiplied by the prior year gross value of property, plant, and equipment. Debt Administration Policies Debt Service Any capital projects financed by borrowing money shall limit the repa3maent period to the useful life of the asset. No ..... g~ t~ Not all capital projects may be funded on a cash basis. The electorate may be asked through referendum to approve the borrowing of funds for the projects and the levy of ad valorem taxes to pay the resulting debt service. The defeat ora referendum on any or all of the projects will result in a lowering of the Level of Service Standard for related facilities. Interim Financing Collier County may also borrow funds on an interim basis to fund capital projects. In these cases a repayment source shall be identified and the financing source that has the lowest total cost shall be employed. The net present value savings generated by a proposed refinancing shall be a minimum of 5%. As a general rule, savings generated by refinancing shall be utilized to reduce future debt service payments. Budget Policies Affecting Capital Projects Ad Valorem Capital Fundin~ · Continuation of a fixed General Fund millage dedicated to capital projects. The recommended rate is .3333 mills. This provides some built in protection against loss of purchasing power due to construction inflation. Capital Improvement Program (CIP) Policies · On an annual basis, the County shall prepare and adopt a five-year Capital Improvement Element (CIE) consistent v,'ith the requirements of the Growth Management Plan. The annual budget ',,,'ill include sufficient appropriations to fund capital projects identified in the first year of the CIE. Capital projects attributable to growth will be funded, to the extent possible, by impact fees. Capital projects identified in the 5 Year CIE will be given priority for funding. The five-year plan for water and xvastewater CIE projects will be based on projects included in the adopted master plans. Non-CIE capital projects funded bv General Fund ad valorem taxes will be reviewed annually on a case-by-case basis. The respective departments during the budget process will identify annual operating expenses associated with capital projects. Unlike operating budgets that are administered at the appropriation unit level, capital project budgets will continue to be administered on a total project budget basis. The minimum threshold for projects budgeted in capital funds is $25,000. AGENDA I T~... No. /o ~j~ MAR I 2 _00, Three-Year Budget Projections Ad Valorem Tax Funds (FY 03 - FY 05) The following 3-year budget projections are for the General Fund (001) and the MSTD General Fund (ll~). General Fund {001) Millage History As a point of reference, the following ~aph plots the historical General Fund millage rate, as well as the projected millage rates from FY 03 through FY 05, based on the assumptions in this analysis. Millage 4.1 4.0 General Fund Millage History FY 94 - FY 05 4.0283 3.8772 3,8660 3.9046 3.6729 3.7241 --, 3,6813 ~ 3.5028 ~ 3.5999 3.5510 3.4889 i 3.5058 i 3.9- 3.8- 3.7- 3.6- 3.5- 3.4- 3.3 3.2 3.1 94 95 96 97 98 99 00 01 02 03 04 05 Fiscal Year AGENDA I~_M_ No. /,¢ __ MAR 12 2002 Millage Rates Based on the assumptions used in this analysis, the FY 03 projected millage rates are as follows: Net Inc. (Dec.) per FY 02 Adopted FY 03 Projected $100,000 Fund Millage Rates Millage Rates Taxable Value General Fund 3.8772 3.8660 ($1.12) MSTD General Fund ~ 0.8069 0.7371 ($6.98) Notes: *Projected millage rates assume 15% increase in taxable value in FY 03. Appraiser will provide preliminary taxable value estimates on June 1, 2002. Actual increases in County taxable value were as follows: The Property 22.50% Historical and Assumed Increases in Collier County Taxable Value (FY 93 - FY 06) Average (FY 94 - FY 02) = 9.8% 20.00% 17.50% 15.00% 12.50% 10.00% 7.50% 5.00% 2.50% 0.00% 20.5% 14.3% f 15.0% , ~.~%?.8% I--1 ! I ,,._,%_,-, rn FI-I F1 l- -n-n-I H H H H r. FY FY FY FY FY FY FY FY FY FY FY FY FY 94 95 96 97 98 99 00 01 02 03 04 05 06 Expense Assumptions · All services provided currently will be funded in FY 03. · Allocation for compensation administration - 4.0% of Personal Services. · 4% attrition rate was assumed in the County Manager's Agency and the Sheriffs Office. · 3% increase in budgeted operating expenses/capital outlay. · A 5% reserve for contingency in all funds was assumed. · Capital projects funding equals 0.3333 mills annually. ($12,800,100 in FY 03 General Fund). · Sheriff's Deputies formerly grant funded (includes vehicles) - $1,588,900. · Additional Bailiffs due to anticipated addition of 2 new judges - $506,800. · Additional Youth Relations Deputies due to new school opening - $253,400. · Operational support due to Immokalee Jail expansion - $610,500. · Additional support of Road & Bridge operations- $3,085,900. · Operational costs of new Headquarters Library. - $167,800. · Payment to School Board and Naples CRA payments - $1,032,800. · Increase in insurance premiums - $1,073,700. · Operating costs of new facilities - $215,300. AGENDA No, I 2 Revenue Assumptions · Ad valorem tax revenue forecast is 96.65% of actual taxes levied. · Sales tax revenue increases 4.5% annually. · State Revenue Sharing increases 2.5% annually. · Constitutional Officer turn backs were based on an average of historical receipts. · No gas taxes allocated to roadway maintenance. Other Funds Impacting the General Fund Individual analyses of the Road and Bridge Fund, Sales Tax Refunding Debt Service Fund, Guaranteed Entitlement Bonds Debt Service Fund, and the EMS Fund were undertaken to determine the relative impact on the General Fund. Road and Bridge Fund Due to the previous policy decision to reallocate gas taxes from road maintenance to road construction, Road and Bridge has a large impact on the General Fund. Road maintenance operations will be increasingly supported by sales tax revenue previously available in the General Fund. Due to available carryfor~vard revenue in Road and Bridge, only $2,697,900 in General Fund support was required in FY 96. In FY 97 the Board made a policy decision to defer the final transition of gas taxes from road maintenance to road construction. However, due to decreased carryforward revenue, coupled with approved FY 97 expanded ser~,ices, the General Fund support increased in FY 97 by almost S2.3 million. In FY 98, 100% of available gas tax revenue was allocated to road construction. As such, the required General Fund support increased by $963,800. The trend was reversed as the Board allocated $1,000,000 in FY 99, $2,000,000 in FY 00, and $3,000,000 in gas taxes for road maintenance. Roadway maintenance is an appropriate use of gas tax revenue. However, it is also recognized that a major road construction campaign is underway with limited available revenues. As gas taxes will be the primary revenue pledge used to support transportation bonds, no gas taxes will be allocated to roadway maintenance in FY 03. The historical and projected General Fund support required is as follows: 14000 12000 10000 8000 6000 4000 2000 I Sales Tax Required for Road and BridgeI FY 95 - FY 05 I 7,790 5,912 5,736 6,056 2,698 ~ 02 03 9596 97 98EYe9lscalOOar 01 11,422 12'335i 04 05 A~E~4D A,~..' NO /o EMS Fund EMS is another fund that impacts significantly on the General Fund. EMS rates were increased to their current levels early in FY 02. In addition to inflationary cost increases, based on minimum response times as required in the Growth Management Plan one (1) additional EMS unit is proposed in FY 04 and in FY 05. Historical and projected General Fund support of EMS operations by fiscal year is as follows: 12000 10000 8000 6000 4000 2000 0 General Fund Support of EMS FY 95 - FY 05 5,841 3,284 3,471 3,902 3,865 10,572 9,418 7,129 7,759 7,808 7,925 95 96 97 98 99 00 01 02 03 04 05 Fiscal Year This analysis did not include any revenue that could be generated from a rate increase(s) for EMS se~ice. Sales Tax Refunding Bond Debt Service Sales tax revenue is projected very conservatively as the extent of the economic recovery in FY 03 remains to be seen. Staffwill be in a better position to project this revenue followings the next three months of receipts representing the height of the tourist season. In FY 03 there is a slight increase in the required cash flow reserve, offset partially by a slight decrease in debt service payments. Due to a decrease in carry forward revenue and an associated decrease in interest earnings, there is a $388,000 increase in required sales tax revenue. In FY 04 there is an increase in the cash flow reserve required to fund debt service in FY 04. Hoxvever, this is more than offset by an increase in carryforward revenue. The overall sales tax requirement decreases $23,500. In FY 05, the sales tax revenue required for debt services is only slightly more than the FY 04 level due to an increase in the cash flow reserve. The budgeted sales tax required for debt service annually is as follows: AGENDA ~M No..___Z_o 1)_.._ ?g.__il 6000 SO00 400O 3000 2000 1000 95 96 Sales Tax Required for Debt Service FY 95 - FY 05 3,207 3,583 3,534 3,1303,194 3,216 3,164 3,552 3,528 97 98 99 O0 01 02 03 04 05 Fiscal Year Guaranteed Entitlement Debt Service There are only minor fluctuations in debt service requirements in the Guaranteed Entitlement Debt Service Fund (204). As a result, the amount of revenue sharing available in the General Fund is relatively stable. The final payment on this bond issue is due in FY 03. As a cash flow resetwe is budgeted in this fund, no revenue sharing will be required for debt service in FY 03. Constitutional Officer Turnbacks During the period from FY 93 through FY 98, actual turn back revenue from the Constitutional Officers has exceeded the forecast level by a range from $1.0 million to $1.6 million. The variance between the actual turn back and the budgeted turn back revenue is even greater. In FY 99 the variance was S.8 million and in FY 00 the variance was $.9 million due to staff taking a more aggressive approach in forecasting these revenues. In FY 01, the variance was only 527,700. Based on historical evidence, and in an effort to provide the most accurate picture of the projected ad valorem requirements, Constitutional Officer turn backs forecast in this analysis are based on an average of historical levels. There is no projected turn back revenue from the Sheriff as a 4% attrition level was factored into the Sheriff's expense budget. The Tax Collector's forecast turnback is estimated at $1 million due to the construction of the new driver's licensing facility on Airport Road. .... [ Constitutional Officer Turnbacks FY 91 - FY 01 6000 5000- 0 4000- 3000. 2000- 1000- 91 92 93 94 95 96 97 98 Fiscal Year lr lBudget IForecast r-lActualI 99 '00 I FY 04 The projected General Fund millage rate is 3.9046 or $390.46 per $100,000 of taxable value. This represents an increase of $3.86 per $100.000 o f taxable value. In addition to annual inflationary cost increases, the following items were included in the FY 04 budget analysis: · Increased General Fund support of Roads construction - $6,605,100. · Additional support of capital projects - 51,664,000. · Increased General Fund support of EMS (including one additional EMS unit) o $1,493,250. · Sheriff's Deputies formerly grant funded - S821,700. · Additional Bailiffs (2)- $260,100. · Additional Youth Relations Deputies (2) - $380,100. · Payment to Naples CRA- $500,000. I~ 05 The projected General Fund millage rate is 4.0283 or $402.83 per $100,000 of taxable value. This represents an increase of $12.37 per $100.000 of taxable value. AGE~,.JD~,: MAR In addition to the inflationary costs of existing services, the following items were included in the FY 05 budget analysis: · Sheriff's Deputies formerly grant funded - $358,300. · Increased General Fund support of EMS - $1,154,000. · Increased General Fund support of Road and Bridge - $912,500. · Additional support of capital projects- $1,591,100. · Additional Bailiffs (2) - $267,000. · Sheriff's Deputies formerly grant funded - $358,300. · Additional Youth Relations Deputies (4) - $506,800. · Impact of Naples Jail expansion - $2,374,500. · Payment to Naples CRA - $500,000. Summary and Implications The tax increases required in this model are based on the specific revenue and expenses assumptions outlined in each scenario. The proposed expanded services in the County Manager's Agency are associated with new facilities coming on-line. It is important to note that the model includes no non-mandated expanded services, including additional Sheriff's deputies. However, the analytical model also assumes that all services provided currently will be funded in FY 03 - FY 05. Unincorporated Area General Fund (111) Results of Unincorporated Area General Fund Analysis In this analysis, the following expense assumptions were used: forecast 96% of budgeted appropriations for operating divisions and 100% of budgeted transfers. A 3% growth in cable television franchise fee revenues is assumed. The implications for future year millage rates required to fund the MSTD General Fund (111) budgets developed in this analysis are as follows: Unincorporated General Fund FY 02 Adopted and Projected Millage Rates Inc. (Dec.) per $100,000 Taxable Value FY 02 0.8069 n/a FY 03 0.7567 (S5.02) FY 04 ; 0.7937 $3.70 FY 05 0.8307 $3.70 The following narrative provides an explanation of the major factors impacting this fund for the next ttu'ee fiscal years. FY 03 The FY 03 budget projection includes only annual inflationary cost increase of existing services, plus an estimated increase in allocated insurance of $412,200. The projections do not include any discretionary expanded services. The analysis projects a millage rate of 0.7567 in FY 03 or $75.67 per $100,000 of taxable value. Per 5100,000 of taxable value, residents in the unincorporated area would pay $5.02 less in unincorporated area taxes in FY 03. FY 04 In FY 04, the projected millage rate is 0.7937 or 579.37 per 5100,000 of taxable value; this is an increase of 53.70 per 5100,000 of taxable value. FY 05 In addition to annual inflationary cost increases, the following mandates were included in the FY 05 budget analysis: · Cost of North Regional Park operations - $3,842,000; also includes $1,525,600 in offsetting revenue. Assuming an 11 increase in taxable value in FY 05, the projected millage rate is 0.8307 to $83.07 per 5100,000 of taxable value and is an increase of 53.70 per 5100,000 of tax from the FY 04 projected millage rate. --T-h-i.~uat es MAR 'I 2 Sample Form I Building Review and Permitting - Fund (113) ission Statement To provide a fast, efficient process for the review and issuing of building permits. To inspect all structures under construction to ensure compliance with all building codes and regulations adopted by the Board of County Commissioners and pursuant to Chapter 533, Florida Statutes. To maintain the records of Community Development as required by the Department of State Records Management and provide fast and efficient record retrieval. To provide quality customer service. Total Less: Pro~rams: Priority FTE's FY 03 Cost Revenues Net Cost Departmental Administration/Overhead Funding for departmental administration and departmental overhead. fixed Records Retention Maintain permitting records as required by the Department of State Records Management. To process permitting records within 72 hours of receipt. Building Permit Processing Process res. permits in 5 wor'king days and commercial permits in 1.4 days. Structural Inspections Inspect all structures under construction to ensure strict compliance with all building codes within 48 hours of -,~"-e~ request. Required Permitting Presence Provide permitting service through a regional office located in Immokalee. Process res. permits in 5 working days and commercial permits in 14 days. Street Addressing Provide street addressing for existing and structures within 72 hours of the initial request. new 1 2.0 $100,000 $500 $99,500 2 4.0 $126,500 $26,500 $100,000 3 10.0 $500,000 $375,500 $124,500 4 3.0 $150,000 $75,000 $75,000 6 2.0 $80,000 $20,000 $60,000 7 2.0 $70,000 $7,000 $63,000 Subtotal 23.0 $1,026,500 $504,500 $522,000 Expanded Services: On-Call Inspection Service To provide on call building inspections to customers after normal working hours, on Saturdays, and on customer demand and to augment existing staff during peak demand periods and reduce processing time by 15%. 5 0.0 $10,000 $5,000 $5,000 Grand Total 23.0 $1,036,500 $509,500 $527,000 Performance Measures Actual FY 01 Forecast FY 02 Budget FY 03 No. of residential building permits issued 15,105 15.200 15,300 .~P. ercentage of residential building permits processed within 5 94% 95% 96% ~rking days ,o. of commercial building permits issued 2,950 3,000 Percentage of commercial building perrmts processed within 14 94.9% 95.4% working days No. of Building inspections 74,250 74,500 No. of Inspections per employee 3.908 3.921 3,947 :-"~.._ __/r..._ .... Attachment A General Fund FY 03 Revenue Projections Revenues: Ad Valorem Del. Taxes/Deed Sales Beach Parking Fees Interim Service Fee Sheriff Revenues P.I.L.T. Revenue Sharing Insurance License Federal Refuge Alcohol Tax Oil/Gas Severance Interest'Misc. State Sales Tax Court Fees Cost Allocation Race Track Enterprise Fund PILT Dept Revenues Subtotal TDC Comm. Dev. MSTD/Dev. Sen'. Criminal Justice Utilities (408) Museum Total Transfers Budget Forecast FY 02 FY 02 Projection FY 03 129,632.800 125,095,652 96.50% 100,000 125,000 480,000 485,000 0 0 0 0 400,000 575,000 5,897,600 6,097,600 60,000 60,000 68,600 60,000 125,000 132,000 50.000 25,000 1,617,400 1,617,400 24,425,700 23,436,100 3,925,000 4,225,000 4.512,000 4,511,900 1 l 3,700 113.700 1,786,800 1,786,800 5.502.500 5.392.450 95.0% 178,697,100 173.738,602 133.100 133.100 330,900 330.900 648,300 648,300 418,500 418,500 142.400 142.400 59.800 59.800 1,733,000 1,733.000 148,470.700 125,000 499,600 0 0 525,000 6,640,000 61,500 55.000 132.000 25.000 1.600.000 24.245.100 4,400.000 4.980,700 446.500 2,173.900 5.777.600 200.157.600 139.800 290.000 680.700 450.000 149.500 59.S00 1.769.800 % lnc./(Dec.) Dollar % Millage Rate Inc/Dec Change -0.3% 18,837,900 14.5% 25,000 25.0% 19,600 4.1% 0 n/a 0 n/a 125,000 31.3% 742,400 12.6% 1,500 2.5% (13,600) -19.8% 7,000 5.6% (25,000) -50.0% (17,400) -1.1% (180,600) -0.7% 475,000 12.1% 468,700 10.4% 332,800 292.7% 387,100 21.7% 275,100 5.0% 21,460,500 12.0% 6,700 5.0% (40,900) -I2.4% 32,400 5.0% 31,500 7.5c 7,100 5.0% 0 0.0% 36,800 2.1% Turnbacks: Clerk Tax Collector Sheriff Property Appraiser Supervisor 1,750,000 1,750,000 3,350,000 1.000,000 0 0 140,000 100,000 250.000 200.000 1.750.000 3,500.000 0 100,000 200.000 0 0.0% 150,000 4.5% 0 n/a (40,000) -28.6% (50.000) -20.0% Total Tumbacks 5,490,000 3,050.000 5,550,000 60,000 1.1% Carry Forward Refunds Revenue Reserve 15,083,400 17,463,228 0 0 (8,709,300) 0 19,475,800 0 (9,758.847) 4,392,400 29.1% 0 n/a (1,049,547) 12.1% Total Revenues 192,294,200 195.984,830 217,194,400 24,900,153 12.9% FY 00 Audited CF FY 01 Rev. FY 01 Exp. FY 02 CF 22,018,200 149,363,414 153,918.386 17,463,228 171,381,614 FY 02 Rev. FY 02 Exp. Net 03 CF 195,984,830 176.509.059 19,475,771 FY 02. Personal Inc. by Sersices Other Budget Services 4.000% Mandates Services Operating Di',isions: BCC 866.900 771.600 802.464 Count.'.' Atlome> 2.362.000 2.097.700 2.181.608 Other General Ach'ain istrati~ e2.128.800 60.000 62.400 Board Related Co,ts 27.900 0 0 Counb' Manager 623.600 585.700 609.128 OMB 569.900 489.500 509.080 Support Seiwices 13,114.100 7.896,300 8,212.152 Emergency Sen'ices 2.037,200 821.700 854.568 Public Sen'ices 17.504,200 8.542.900 8,884.616 Expanded Services 0 0 0 Corem Dev./Em, ir. 1.132.100 377.300 392.392 Transportation 2.267.000 1.503.700 1.563,848 Courts 0 0 0 Total Oper. Di,,isions 42,633.700 23.146.400 24.072.256 State Ail, PD,Judges 697,500 0 0 Men! Bonyes. Pa.'- Plan 0 Cash FIo~ Capital Outlay 2.200.000 Contingency 7.215.200 Attrition 1799.800) Helicopter Res. 180.000 Total Reserves 8.795.4.~ a) Transfers: Isle of Capri Fire 5.3tlo MPO 783.00u Ar=a A gin g 11 o.lli)(* MSTD General Fund 259.2~,J Court Services Road & Bridge Guardianship 1192i S: ')' ;, Debt Capital Funds 11,7t,4.4~i, ~ EMS Transfers to Conslimtional Officers Clerk 6.549.41 Clerk IBd Paidi 4.1u.qtit! Sheriff 81.234.q,,,~ o4.555.30~ 67.137.512 Sheriff~Bd Paid} Property Appraiser Prop. Appraiser tBd Paid} 20 Tax Collector (Bd. Paid) Super, isor tBd. Paid} Total Transfers 105,373,91)o 04.555,300 07.137.512 Total Expenses 192.2'~4.21 ,o 30%709 PY\ 35-I..110 Inc. by Ops./Caps. FY 03 Dollar % 3.0% Mandates Budget Inc. Dec.Chan~e o )5.300 98,159 0 2o4300 272,229 0 2 ,i68 800 2.130.864 ,: 2".9t~0 28.737 J 3-.q'00 39.037 0 S4.400 82.812 0 5.217,800 5.374.334 0 1.215.500 1.251.965 1 I 1.300g.961.300 9.230.139 0 0 0 0 '54.800 777.444 ~ %3.300 786,199 ) 0 0 0 900.623 33.723 3.9% 0 2.453.837 91.837 39% 2.106,500 4.299.764 2.170.964IO2.0% O 28.737 837 3.0% 0 648.165 24.565 3.9% 0 591.892 21.992 3.9% 215.3OO 13,8OI.786 687.686 5.2% 0 2,106.533 69.333 3.4% 56.500 18,282.555 778.355 44% 0 0 0 0 1.169.836 37.736 3.3% 0 2.350.047 83.047 3.7°,0 0 0 0 na 111.300 i9.487,300 20.071.919 0 097,5 oO 718.425 2.378.300 46.633,775 4.000.075 9.4% 718,425 20.925 3.0% 0 0 n: a 3.000.000 800.000 364% 8.078.460 863.260 12.07 o (962,890) 1163.0901 20.4% 270.000 90.OOH n a 10,385.570 1,590.17o 18.1'% 5.459 159 3.0% 807.108 23.508 30°:. 113.300 3.300 30% 274.752 15.552 60% 5,279.118 298.818 60% I 0,875.4(XI 3.0§5.900 396% 76,117 2.217 3.0% 8':.713 3.813 4.5% 5.878.400 5.8"8.4tl0n a 426.832 12,432 30°° 12.800.137 15!95.?37 94[0 349.600 O 00% 7,925.100 (4.90U1 -0 I"o 340.560 30,960 10.0°. 1.830,4 :~' i0.6~0,600 17.179.988 1.129.200 45.239.597 10.445.897 30.0°. 7,204,340 654.940 100% 454.127 13.227 3.0% 87.277.100 6.042.200 7.4%, 1.740.597 50.697 30°0 6.006.880 546.080 10.0% 269.551 7.851 8.699.865 1.134.765 15.0% I-4,791 5,091 2.316.720 386.120 20.0'?0 73.027 2.127 3.0°0 1.830.4iH)1 o.t~79.60017,179.988 1,129.200 114.216.9988.843,098 217.194.400 24.900.164 120'!o Attachment A Revenues: Ad Valorem Del. Taxes/Deed Sales Beach Parking Fees Interim Service Fee Shenff Revenues P.I.L.T. Revenue Sharing Insurance License Federal Refuge Alcohol Tax Oil/Gas Severance Interest/Misc. State Sales Tax Court Fees Cost Allocation Race Track Enterprise Fund PILT Dept Revenues Subtotal TDC Comm. Dev. MSTD/Dev. Serv. Criminal Justice Utilities (408) Museum Total Transfers Tumbacks: Clerk Tax Collector Sheriff Property Appraiser Supervisor Total Tumbacks Carry Fom'ard Refunds Revenue Reserve Total Revenues General Fund FY 04 Revenue Projections Budget Forecast FY 03 FY 03 Projection FY 04 148,470,700 143,496,932 9665% 169,445,000 125,000 125,000 125,000 499,600 499,600 514,600 0 0 0 0 0 0 525,000 525.000 500,000 6,640,000 6,640.000 6,839,200 61,500 50.000 50,000 55,000 55.000 55,000 132,000 100.000 100,000 25,000 25.000 25,000 1,600,000 1.600.000 1,600,000 24.245,100 24.245.100 25,519,500 4,400,000 4,400.000 4,576,000 4,980,700 4,9S0.700 5,130,100 446.500 446.500 446.500 2,173,900 2,1~3.900 2,391,300 5,777,600 5,662,04S 98~0% 6,066,500 200,157,600 195.024.750 199,600 199.600 290.000 290.000 680.700 650.700 450.000 450.c)00 149,500 59,800 1,829.600 1.820.b00 223,383.700 211,600 304,500 714,700 450.000 157,000 59.800 1,897,600 1,750,000 1.750.000 3,500,000 3.500.000 0 0 100.000 100.000 200.000 200.000 5,550,000 5.550.000 19,475,800 l 9.475.S00 0 0 (9,758,847) 0 217.254,200 221,880.180 1,750,000 3.600,000 0 100,000 200.000 5,650,000 17,438,995 0 (10,912,681) 237,457,635 % lnc./(Dec.) Dollar Percent Millage Rate Inc/Dec Change 1.0% 20,974,300 14.1% 0 0.0% 15,000 3.0% 0 n/a 0 n/a (25,000) -4.8% 199,200 3.0% (11,500) -18.7% 0 0.0% (32,000) -24.2% 0 0.0% 0 0.0% 1,274,400 5.3% 176,000 4.0% 149,400 3.0% 0 0.0% 2t7,400 10.0% 288,900 5.0% 23,226,100 11.6% 12,000 6.0% 14,500 5.0% 34,000 5.0% 0 0.0~ 7,500 5.0% 0 0.0% 68,000 3.7% 0 0.0% 100,000 2.9% 0 n/a 0 0.0% 0 0.0% 100,000 1.8% (2,036,805 -10.5% 0 n/a (1,153.834 11.8% 20,203,461 9.3% FY 03 Rev. FY 03 Exp. Net 04 CF 221,880,180 204.441,185 17,438,995 1 ? gg._ /~_ Operating Di',isions: BCC CounD Atlome.x Other General Administrative Board Related Cos:~ County M~nagzr OMB Support Sep.'ices Emergency Set-. ices Public Services Expounded Se~ices Conma. De'..:Envir. Public Works Cou~Xs Total Oper. Di~ isions State AWPD,'/udges Merit Cash Flow Contmgency Attrition Helicopter Reserve Total Reserxes Transfers: Isle of Capri Fire M PO Area Aging MSTD General Fund Ccur~ Sev. ices Road & Bridge Conmmnity Dex elopment Guardianship { 192} Roads AirCort AulhorlD Debt Capital Fund> Ochopee Fire EMS Misc. Total Transfers Transfers Io Constitutional Officers Clerk Clerk IBd. Paidl Sheriff SherifftBd. Paidl ProperLy Appraiser Prop. Appratser tBd. Paid~ Tax Collector Tax Collector IBd Paidl Super'. isor Super,.isor IBd, Paidl Total Transfers Tohtl Expenses Forecast o3 Personal FY 03 Personal Inc. by Services Other Inc. by Ops.lCaps. FY 04 Dollar Percent Budget Ser'.ices 4.0"/,, Mandates Services 3.0'/,, Mandates Budllet Inc./Dec. Chanl~e 900.623 802.464 834,563 0 98,159 101,104 0 935.666 35.043 3.9% 2.453.837 2.181.608 2268,872 272.229 280.396 0 2,549.268 95,431 3.9% 4.299.764 4.299.764 4,471,755 0 0 0 500.000 4.971.755 671.991 15.6% 28.737 0 0 0 28.737 29.599 0 29.599 862 3.0% 648.165 609.128 633.493 0 39.037 40.208 0 673,701 25.536 3.9% 591,892 509.080 529.443 0 82,812 85.296 t~ 614,740 22,848 3.9% 13,801,786 8,212,152 8,540.638 0 5,589,634 5,757,323 0 14.297.961 496,175 3.6% 2A06,533 854,568 888,751 0 1,251~965 1,289.524 0 2,178,275 71,742 3.4% 18.282,555 8,995.916 9.355,753 0 9.286,639 9.565.238 0 18.920.991 638.436 3.5% 0 0 0 0 0 0 0 0 0 aa 1.169,836 392.392 408,088 0 777.4.44 800.767 0 1.208.855 39.019 33% 2,350,047 1.563.848 1,626,402 0 786,199 809.785 0 2.436,187 86.14(1 37% 0 0 0 0 0 0 0 0 I; n a 46.633.775 28,420,920 29,557,757 0 18.212.855 18.759.241 500.000 48,816.997 2,183,222 4.7°0 718.425 0 0 0 718,425 739.978 0 739,978 21.553 3 0 0 0 na 3.000.000 3.000,000 0 0.0% 8,078~460 8.543.744 465.284 5 8 1962.890) (I.182.3101 {219,420i 22.8% 270.000 360,00. 90.000 33 3%, 10.385.570 10.721,434 335.864 3.2% 5.459 5.623 164 3.0% 807.108 831,321 24,213 3.0% 113.300 110,699 3,399 3.0% 274.752 282.995 8,243 3.0% 5.279.118 5,516.678 237,560 4 10.875.400 ll.422.2~) 546.800 5.0% 76,ll~ 78.401 2.284 30% 87.v13 90345 2.631 3.0% 5.878.4{)!) 12,483.500 6,605.100 112.4°o 42o.832 426,832 12.800.137 14404,155 1.664.018 349.~00 349,6~20 7.925,1(10 9418.35o 1.493.251~ lb.8' 340.5o~ 1~4.I'16 34 fl5~ Uio , 45.239.597 ~1 0 0 0 t~ !1 55.8et.314 H 621.718 23 5 7.204.340 7,744.6~ 54o326 454.127 467.751 13,624 30% 87.277.100 68.967.912 71.726.628 1218,900 18,309,188 18.858,464 243,000 92.046.992 4.769.892 55% 1,740.597 1.792.815 52.218 3.0% 6.006.880 6.307,224 300.344 50% 269.551 277.638 8.087 3 8,e99.865 9.830.847 1,130.982 13 174,'91 180.035 5.244 3.0% 2.316.720 2,594,726 278.006 12.0% 73.027 75.218 2.191 3.0% 114.216.998 217.194.400 204.441.185 08.967,912 71.726.628 1.218.900 18.309,188 18,858.464 243.000 121.317.9tl 7.100,913 6.2% 237.457.635 20.263.271 9.3% Attachment A Revenues: Ad Valorem Del. Taxes/Deed Sales Beach Parking Fees Interim Service Fee Sheriff Revenues P.I.L.T. Revenue Sharing Insurance License Federal Refuge Alcohol Tax Oil/Gas Severance Interest State Sales Tax Court Fees Cost Allocation Race Track Enterprise Fund PILT Dept Revenues Subtotal TDC Comm. Dev. MSTD Dev. Serv. Criminal Justice Utilities (408) Museum Total Transfers Turnbacks: Clerk Tax Collector Sheriff Property Appraiser Supervisor Total Tumbacks Carry, Fom'ard Refunds Revenue Reserve Total Revenues General Fund FY 05 Revenue Projections Budget Forecast FY 04 FY 04 Projection FY 05 169,445.000 163,768.593 96.65% 194,043,800 125,000 125,000 125,000 514,600 514,600 530,038 0 0 0 0 0 0 500,000 500,000 475,000 6,839,200 6,839,200 7,044,400 50,000 50,000 50,000 55,000 50,000 45,000 100,000 100,000 100,000 25,000 25.000 25,000 1,600.000 1.600,000 1,600,000 25,519.500 25,519,500 26,820.700 4.576,000 4,576,000 4,759,000 5.130.100 5,130, t00 5,284,000 446.500 446.500 446,500 2.391,300 2.391,300 2,630,400 6.066.500 5.945.170 98.0% 6.369.800 223,383.700 217.580,963 211.600 211.600 304.500 304.500 714.700 714.700 450.000 450.000 157,000 157,000 59.800 59.800 1,897,600 1.897,600 250,348,638 222.200 319.700 750.400 450.000 164,900 59.800 1,967.000 1.750,000 1,750,000 3,600,000 3,600,000 0 0 100,000 100,000 200.000 200.000 5.650,000 5.650,000 17,438,995 17,438,995 0 0 (10.912,681) 0 237,457,614 242,567,557 1.750.000 3.300.000 0 100,000 200.000 5,350,000 18,309,205 0 (12.253,233) 263,721,633 % lnc./(Dec.) Dollar Percent Millage Rate Inc/Dec Change 3.2% 24,598,800 14.5% 0 0.0% 15,438 3.0% 0 n/a 0 n/a (25,000) -5.0% 205,200 3.0% 0 0.0% (10,000) -18.2% 0 0.0% 0 0.0% 0 0.0% 1.301,200 5.1% 183,000 4.0% 153,900 3.0% 0 0.0% 239,100 10.0% 303.300 5.0% 26,964,938 12.194 I0,600 5.0% 15,200 5.0% 35,700 5.0% 0 0.0~ 7,900 5.0% 0 0.0% 58,800 3.7% 0 0.0% (300,000) -8.3% 0 n;a 0 0.0% 0 0.0% (300,000) -5.3% 870,210 5.0% 0 n/a (1,340,552) 12.3% 26,253,396 11.1% FY 04 Rev. FY 04 Exp. Net 05 CF 242,567,557 224,258,352 18,309,205 FY 04 Budget Operating Divisions: BCC 935.666 Count' Attome? 2.549.268 Other General Administrati~ e 4,971.755 Board Related Costs 29,599 CounD Manager 673.701 OMB 614.740 Support Sen'ices 14,297,96 l Emergency Services 2,178.275 Public Sen'ices 18,920.991 Expanded Ser~ ices 0 Comm. Dev./Envir. 1.208.855 Public Works 2.436,187 Courts 0 Total Oper. Divisions 48,816.997 State Att'PD Judges 739,978 Merit 0 Cash Flor, 3,000.000 Contingency 8.543.744 Atrrinon ( I, 182.31 O) Helicopter Reser,.e 360.000 Total Resets. es I0.721,434 Transfers: Isle of Capri Fire 5,623 MPO 831,321 Area Aging 116.699 MSTD General Fund 282.995 Courl Se~'ices 5.516.678 Road & Bridge I 1.422.200 Comnmnit.'. De~ elopment 78.401 Guardianship {I 92! 90.345 Roads 12.483.500 Airport Authority 420.832 Debt Capital Funds 14,404.155 Ochopee Fire 349,600 EMS 9.418350 Misc 374610 Total Transfers 55.861.314 Transfers to Constitutional Officers Clerk 7,744.666 Clerk {Bd. Paid) 4o7,751 Sheriff 92,046.992 Sheriff {Bd Paid I I,~92.815 Properly Appraiser 6.30~-224 Prop. Appraiser ~Bd Paidl 277.638 Tax Collector 9.830,847 'Fax Collector lBd Paidl 180.035 Supervisor 2,594.720 Supervisor IBd. Paid} 75.218 lotal Transfers I21.317.911 Total Expenses 237.457.635 Forecast 04 224.258.352 Personal Inc. by Sers'ice~ Other Sersices 4.0% Mandates Ser,,'ices Inc. byOpsdCaps. l~' 05 Dollar Percent 3.0% Mandates Budget Inc./Dec. Change 834.563 867,945 0 101.104 104.137 0 972.082 36.416 3.9°4 2,268.872 2,359.627 0 280,396 288.808 0 2.648,435 99.167 39% 4.971.755 5,170,625 0 0 0 500.000 5.670.625 698.870 14.1% 0 0 0 29.599 30.487 0 30.487 888 3.0% 633.493 658.833 0 40,208 41,414 0 700,247 26,546 3,9% 529,443 550.621 0 85,296 87.855 0 638.476 23,737 3.9~o 8.540.638 8.882,264 0 5.757.323 5,930,043 0 14.812,306 514.345 3.6% 888.751 924,301 0 1,289,524 1,328.210 0 2252.510 74.236 3.4% 9.355,753 9,729,983 0 9.565,238 9,852,195 0 19.582,178 661,187 3.5% 0 0 0 0 0 0 0 0 Wa 408,088 424.411 0 800,767 824,790 0 1,249.202 40,347 3.3% 1,626.402 1.691.458 0 80%785 834,07~ 0 2,525.537 89.350 3.7% 0 0 0 0 0 0 0 0 na 30.057.757 31.260.067 0 18.759.241 19.322.018 500.000 0 0 0 739.978 762.177 0 51.082.085 2.265.087 4 6% 762.177 22.199 3.0% 0 0 na 3,000,000 0 0 ()qb 9.114.325 570.581 6.7% 1,250,403) {68.092) 5.8" ,, 105.000 (255.0001-70 8°. 10.968.923 247.489 23%, 5.791 169 856.261 24,940 3 120.200 3,501 30°0 291.484 8.490 30% 5.764,929 248.251 4.5% 12.334,700 912.500 8 80,753 2.352 3.0% 93,055 2~710 3.0°,, 23.105,500 10.622.000 85.1% 426.832 0 0.0% 16.055.212 1.591.057 11.0% 384.560 34.960 10o% 10.572.310 1.153.960 123% 0 O (i 0 0 0 72,945.528 75,863.350 1.901.900 19,101.464 19,674.508 1.604,700 374.616 70.466203 14.604.889 26 8,209,345 464.680 6.0% 481,783 14.033 99.044.457 6.997,465 7.6% 1,846.599 53.784 3.0% 6,622.585 315,361 5.0% 285.967 8.329 3.0% 10,912.241 1.081.393 11,0% 185.436 5,401 3.(/'. 2,776,357 181.631 70% 77.474 2.257 3.~)°,, 72,945.528 75,803,350 1.901,900 19.101,464 19.674.508 1,604,700 130.442.245 9.124.334 7.5% 263,721.633 26.263.998 11.1% ' ,.,%£ No. EXECUTIVE SUMMARY APPROVAL OF STAFF'S RECOMMENDATION TO PURSUE COLLECTION OF UNCOLLECTED AND UNDER COLLECTED IMPACT FEES FOR CERTAIN SELF-DESCRIBED ADULT-ONLY COMMUNITIES OBJECTIVE: To obtain policy direction from the Board of County Commissioners regarding approximately $1.88 million in uncollected and under collected impact fees from 1989 through 2001 for self-described, multi-family type, adult-only communities commonly referred to as Assisted Living Facilities (ALF) or Adult Congregate Living Facilities (ACLF). CONSIDERATIONS: Background: On December 12, 2000, staff proposed an amendment to the Educational Facilities Impact Fee Ordinance, Ordinance No. 92-33, as amended, adding language expressly exempting Adults Only Communities from the payment of Educational Facilities (i.e., School) Impact Fees provided there were recorded deed restrictions prohibiting school age children from ever residing therein. The ordinance expressly described ACLF's (which are also sometimes referred to as Independent Living Facilities [ILF]) as multi- family residential dwellings. Prior Florida case law exempted adult-only communities from School Impact Fees, i.e., St. Johns County v. N.E. Florida Builders Assoc., 583 So.2d 635 (Fla. 1991) only if a land use restriction prohibiting children existed. Staff had implemented the practice of exempting self-described adult-only communities since the Ordinance took effect in September 1992. The Board of County Commissioners incorporated the exemption language into the Consolidated Impact Fee Ordinance, Ordinance No. 2001-13, which was adopted on March 13, 2001. Over the next several months, 69 requests for school impact fee refunds xvere submitted from residents of mobile home conununities. These requests were denied. The fiscal impact of these requests, had refunds been given, would have been $85,146. The mobile home communities in question did not have permanent, irrevocable deed restrictions prohibiting school age children from residing. The refund requests from these mobile home community residents prompted staff to research whether impact fees had been correctly assessed in the past for other types of adult-only communities. 2002 · Impact Fees for Certain Self-described Adult-only Communities Page 2 Staff requested a legal opinion from the County Attorney's Office regarding the issue. The County Attorney's Office responded to the request for a legal opinion. Through the County Attorney's review of the May 2000 Florida Supreme Court decision on the case of Volusia Count. v. Aberdeen at Ormond Beach,L.P., 760 So.2d 126 (Fla. 2000), the full implications of this ruling with regard to School Impact Fee exemptions for adult-only communities was determined and the County began requiring recorded deed restrictions. In Aberdeen, supra, the Court provided clarification of the permissive parameters for impact fee exemptions for adult-only communities, stating that covenants, conditions, and restrictions must preclude any owner from changing the character of the community. Twenty-nine multi-family communities in Collier County developed and marketed toward adult residents have been identified. These developments are commonly referred to as ALF's or ACLF's. Of these 29 developments, 17 were found to have irregularities with past impact fee collections for a net dollar amount uncollected and under-collected of $1.88 million. These numbers are estimates and are currently being finalized. I::l$1g/kL IMPACT: Based on staff's latest estimates, the total value of impact fees that may be collected through this collection effort amounts to $1.88 million. If the Educational Facilities Impact Fees are not collected, it is possible that there may be future claims from residents of adult-only mobile home communities whose impact fees were paid when the respective building permits were issued. The currently estimated exposure is $484,430. GROWTH MANAGEMENT IMPACT: Impact Fees are a critical funding source for the construction or acquisition of growth-necessitated capital facilities and equipment. RECOMMENDATION: That the Board of County Commissioners approve staff's recommendation to pursue collection of all past uncollected/under-collected impact fees for self-described adult-only communities. MAR 1 2 2002 Impact Fees for Certain Self-described Adult-only Communities Page 3 SUBMITTED BY: REVIEWED BY: ~hi~~ Date: /t) ~/~/~5"~ ?p: Fe/~)Coord~tor Denny Baker Business Manager, Office of Financial Management Date: APPROVED BY: / J3seph K. Schmitt, Administrator /~?~ommunity Development & Environmental Services Division iTEM 200 EXECUTIVE SU~IMARY 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 Colher 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 LundJCpoc Development a. Violation determined 08/23/01 b. Notice of Violation served 09/04/01 Company, L.L.C., a c. Notice of Violation Posted n/a 2001081112 Delaware limited liability d. Unabated nuisance verified 09/20/01 company e. Nuisance abated with public funds 11/05/01 $600.00 f. Owner invoiced for costs 11/15/01 a. Violation determined 08/23/01 USA STOR-A-WAY AT b. Notice of Violation served no green card c. Notice of Violation Posted 09/21/01 $275.00 2001080980 DAVIS ROAD, LTD.. a d. Unabated nuisance verified 10/02/01 Florida Limited Partnership e. Nuisance abated ~vith public funds 10/22/01 f. Owner invoiced for costs 10/31/01 a. Violation determined 08/23/01 USA STOR-A-WAY AT b. Notice of Violation served no green card c. Notice of Violation Posted 09/21/01 2001080981 DAVIS ROAD, LTD., a d. Unabated nuisance verified 10/02/01 $500.00 Florida Limited Partnership e. Nuisance abated with public funds 10/22/01 f. Owner invoiced for costs 10/31/01 a. Violation determined 08/23101 USA STOR-A-WAY b. Notice of Violation served 08/29/01 c. Notice of Violation Posted 09/21/01 $275.00 2001080987 AT DAVIS ROAD, d. Unabated nuisance verified 10/02/01 LTD., a Florida e. Nuisance abated with public funds 10/23/01 Limited Partnership f. Owner invoiced for costs 10/31/01 a. Violation determined 08/22/01 b. Notice of Violation served 08/29/01 c. Notice of Violation Posted 09/21/01 $275.00 USA STOR-A-WAY d. Unabated nuisance verified 10/02/01 2001080989 AT DAVIS ROAD, e. Nuisance abated with public funds 10/22/01 LTD., a Florida f. Owner invoiced for costs 10/31/01 Limited Partnership a. Violation dei~,n-tined 08/23/01 USA STOR-A-WAY b. Notice of Violation served 08/29/01 c. Notice of Violation Posted 09/21/01 $275.00 2001080990 AT DAVIS ROAD, d. Unabated nuisance verified 10/02/01 LTD., a Florida e. Nuisance abated with public funds 10/22/01 Limited Partnership f. Owner invoiced for costs 10/31/01 a. Violation determined 08/23/01 USA STOR-A-WAY b. Notice of Violation served no green card c. Notice of Violation Posted 09/21/01 $275.00 2001080991 AT DAVIS ROAD, d. Unabated nuisance verified 10/02/01 LTD., a Florida e. Nuisance abated with public funds 10/23/01 Limited Partnership f. Owner invoiced for costs 10/31/01 a. Violation deterrmned 08/21/01 b. Notice of Violation served 09/19/01 Perseco, Corporation, a c. Notice of Violation Posted n/a $335.00 2001080876 Florida Corporation d. Unabated nuisance verified 10/05/01 e. Nuisance abated with public funds 10/17/01 f. Owner invoiced for costs 11/14/0i a. Violation determined 09/20/01 Piper, Arthur R. & b. Notice of Violation served unclaimed - c. Notice of Violation Posted 10/17/01 $255.00 2001090863 John A. d. Unabated nuisance verified 10/29/01 e. Nuisance abated with public funds 11/05/01 f. Owner invoiced for costs 11/14/01 Upon the Board's adoption of the Resolutions, copies of such and the Legal Notices of Assessment will be mailed to the respective property owners. If the property owners 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 $3,065.00 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. GRO~VTH MANAGEMENT IMPACT: This request will have no impact on the County's Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolutions. PREPARED BY: Iliana Martinez, Customer Service Specialist Code Enforcement REVIEWED BY: Jane(flowers. Operations Manager Code Enforcement SUBMITTED BY: ' // / I1~ Michelle Edwards Arnold, Director Code Enforcement DATE: APPROVED BY: / Jo~ph K. Schngitt, Administrator CtSmmunity Development & Environmental Services DATE:-'~/"~/-~- BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN LUND/CPOC DEVELOPMENT COMPANY, L.L.C., a Delaware Limited liability company FIRST FINANCIAL PLAZA 411 HAMILTON BLVD PEORIA, IL 61602 REF. INV.//2032 LEGAL DESCRIPTION: DATE: FOLIO #: 30530080007 LIEN NUMBER: Lot 1, EAST NAPLES INDUSTRIAL PARK, according to the plat thereof recorded in plat book 10, pages 114 and 115, inclusive, 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 regulanons on September 20, 2001, and ordered the abatement of a certain nuisance existing on the above propert.~ 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 OTHER NON-PROTECTED O~'ERGROWTH IN EXCESS OF 18" You have failed to timely abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of FOUR-HL.rNDRED ($400.00) DOLLARS and an administrative cost of Two.hundred ($200.00) dollars for a total of SIX-HUNDRED ($600.00) 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 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 6 7 8 9 10 11 i2 13 14 15 16 /7 18 19 20 2I 22 23 24 25 26 27 2S 29 30 31 32 33 35 36 37 38 39 40 41 42 43 4.4 45 46 4"7, 48 49 50 51 52 53 54 55 56 57 58 59 60 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 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 tx~enty (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 COL~TY CONqMISSIONrERS OF COLLIER COL.'NI¥, FLOR[DA, that the property described as follows. having been abated of a public nuisance after due and proper not~ce thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: LUND/CPOC DEVELOPMENT COMPANY, EEC., a Delaware Limited liability company LEGAL DESCRIPTION: '. Lot 1, EAST NAPLES INDUSTRIAL PARK, according to the plat thereof recorded in plat book 10, pages 114 and 115. inclusive, of the public records of Collier County, Florida COST: $600.00 REFERENCE#: 2032 FOLIO #: 30530080007 The Clerk shall (by regular U.S. mail,} mail a copy of this Resolution along with the Notice of Assessment of Lien to the owner!s) of the above-described property. If within twenty (20) days of the date of mailing that copy, the owner fails to deliver payment in full to Collier CounD, a certified copy of this Resolution and the Notice of Assessment shah 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 taw, 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 COMMISSIONERS COLLIER COUNTY, FLORDA 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 THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER CO[~TY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN USA STOR-A-WAY AT DAVIS ROAD, LTD., DATE: a Florida Limited Partnership C/O: Gary V. Cardmore 467 STILL FOREST TERRACE SANFORD, FL 32771 REF. INV.# 2004 FOLIO #: 61843960003 LIEN NUMBER: LEGAL DESCRIPTION: Parcel 2: The south 50 feet of the North 210 feet of the South l/z of Lot 138, Naples Groves and Truck Co's Little Farms No. 2, according to plat in Plat Book 1, page 27, Public Records of Collier County, Florida. You, as the owner(s) of the property above-described, as recorded in the records maintained bv 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 02, 2001, and ordered the abatement of a certain nuisance existing on the above propert.x prohibited bx' Ordinance No. 99-51. as amended and served a notice of violation upon you. The nuisance is: V~EEDS: ACCUBIULATION OF ~VEEDS, GRASS, OR OIHER NON-PROIECTED OVERGRO~,VTH IN EXCESS OF 18" LITTER: PROHIBIlED DU~IPING, ACCUMULATION, SIOIL~GE OR BURIAL OF LITTER, ~,VASTE OR ABANDONED PROPERTY. You have failed to timely abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of SEVENTY-FIVE ($75.00) DOLLARS and an administrative cost of Two-hundred ($200.001 dollars for a total of TWO-H[TN~DRED SEVENTY- FIVE (5275.00) 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. FAILL2~E 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 9 10 11 12 13 14 15 i6 17 18 t9 20 21 22 23 24 25 26 27 28 29 5O 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 5O 51 52 53 54 55 56 57 58 59 60 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 ACCORD,&N'CE 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. 9~-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 days of the date oF the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the d:~te this Resolution is recorded at the rate of twelve percent (12%) per annum. NO\U. THEREFORE, BE IT RESOLVED BY THE BOARD OF COL~'TY CO*I~,IISSION'ERS 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 owner(s) of said property, is herebt assessed the following costs of such abatement, to wit: NAME: USA SI'()R-.~,-~,'*,'.~Y AT DAVIS ROAD, LTD., a Florida Limited Partnership LEGAL DESCRIPTION: Parcel 2: The south 50 feet of the North 210 feet of the South L,,. of Lot 138, Naples (;foxes and Truck Co's Little Farms No. 2, according to plat in Plat Book 1, page 27, Public Records of Collier County, Florida. COST: $275.00 REFERENCE#: 2004 FOLIO #: 61843960003 The Cls'?k stqall (by regular U.S. mail) mail a copy of this Resolution along ~tith thc Notice of Assessment t,f t.ien to the o~vner(s) of the above-described property. [f within twenty days of the date of m~iili~ that copy, the owner fails to deliver payment in full to Collier Count>'. a certified copy of this Resolution and the Notice of Assessment shall be recorded in the official records of Collie~' 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 bx 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 le~,al sufficiencx: Thomas C. Palmer..~.ssistant County Attorney F: LIEN,' MSTR RE~' 'LL'T1ON James N. Coletta, Chairman BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN USA STOR-A-WAY AT DAVIS ROAD, LTD., DATE: a Florida Limited Partnership C/O: Gary V. Cardmore 467 STILL FOREST TERRACE SANFORD, FL 32771 REF. INV.# 2000 FOLIO #: 33530160005 LIEN NLrMBER: LEGAL DESCRIPTION: Parcel 1: Lots 8 to 13, inclusive, Four-Way Corner, according to plat in Plat Book 4, page 16, 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 on lot 8, 9, and 10, and constituted a violation of county regulations on October 02, 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 violatzon upon you. The nuisance is: WEEDS: ACCLB[ULATION OF XVEEDS, GRASS, OR OTItER NON-PROTECTED OVERGROWTH IN EXCESS OF 18" LITTER: PROHIBITED DUMPING, ACCL~IULATION, STORAGE OR BURIAL OF LITTER, WASTE OR ABANDONED PROPERTY. You have fmled to timely abate such nuisance; 'ahemupon, it was abated by the expenditure of public funds at a direct cost of THREE-HUNDRED ($300.00) DOLLARS and an administrative cost of Two-hundred ($200.00) dollars for a total of FIVE-HUNDRED ($500.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier Count.x, Florida, shall become a lien on your property when recorded after approval by the Board. FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESIST IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COLrNTY. F LIENS/MSTR LNAL ! 2 3 4 5 6 7 8 9 i0 12 13 14 15 16 17 I8 i9 2O 21 22 23 24 25 26 27 28 2') 30 3~ 32 33 34 35 36 37 38 39 40 4l 42 43 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 COLLNTY 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 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 COULNTY, FLORDA, that lot(s) 8, 9, and 10 of the propert? described as follows, having been abated of a public nuisance after due and proper notice thereof to the ox~nerfs) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: USA STOR-A-WAY AT DAVIS ROAD, LTD., a Florida Limited Partnership LEGAL DESCRIPTION: Parcel 1: Lots 8 to 13, inclusive, Four-Way Corner, according to plat in Plat Book 4, page 16, Public Records of Collier Count>', Florida. COST: $500.00 REFERENCE#: 2000 FOLIO #: 33530160005 The Clerk shall (by regular U.S. mail) mail a copy of this Resolution along with tine Notice of Assessment of Lien to the owner(s) of the above-described property. If within txvent~ (20) days of the date of mailing that copy', the owner fails to delixer payment in full to Collier Count)'. tine Resolution and 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 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 Count.,,' Commissioners of Collier County, Florida, this __ day' of 2002. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNWY 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 LIE?. MSWR RESOLUTION BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN USA STOR-A-WAY AT DAVIS ROAD, LTD., DATE: a Florida Limited Partnership C/O: Gary V. Cardmore 467 STILL FOREST TERRACE ' SANFORD, FL 32771 REF. INV.# 1999 FOLIO #: 33530040002 L~N NUMBER: LEGAL DESCRIPTION: Parcel 3: The North 148.66 feet of the East 30 feet marked "reserved for Access Easement: on the Plat of Four Way Corner Subdivision, as deeded in the Warranty Deed recorded in O.R. Book 890, page 506, 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 02, 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: ACCUMULATION OF WEEDS, G1Ls, SS, OR OTHER NON-PROTECTED OVERGROWTH IN EXCESS OF 18" LITTER: PROHIBITED DUMPING, ACCU3'IULATION, STO1L~GE OR BURIAL OF LITTER, WASTE OR ABANDONED PROPERTY. You have failed to timely abate such nuisance: whereupon, it was abated by the expenditure of public funds at a direct cost of SEVENTY-FIVE ($75.00) DOLLARS and an administrative cost of Two-hundred ($200,00) dollars for a total of TWO HUNDRED SEVENTY- FIVE(S275.00) 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 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 ! 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 3~ 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 60 61 62 RESOLUTION NO. 2002- A RESOLUTION OF THE BOARD OF COU.~NTY 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 WI-[EREAS, 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 COL.'NTY, FLORIDA, that the property described as follo~vs, 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: USA STOR-A-WAY AT DAVIS ROAD, LTD., a Florida Limited Partnership LEGAL DESCRIPTION': Parcel 3: The North 148.66 feet of the East 30 feet marked "reservet~ for Access Easement: on the Plat of Four Way Corner Subdivision, as deeded in the Warranty Deed recorded in O.R. Book 890, page 506, Public Records of Collier County, Florida. COST: $275.00 REFERENCE#: 1999 FOLIO #: 33530040002 The Clerk shall (by regular U.S. mail) mail a copy of this Resolution along with the Notice of Assessment of Lien to the owner(s) of the above-described property. If within twenty (20) days of the date of mailing that copy, the owner fails to deliver payment in full to Collier County. a certified copy 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 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 CO~MMISSIONERS COLLIER COUNTY, FLORIDA BY: BY: Deputy Clerk Approved as to form and legal sufficiency: Thomas C. Palmer, Assistant County Attorney F LIEN,' ~4STR RESOLUTION James N. Coletta, Chairman BOARD OF CO[~TY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COL~TY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN USA STOR-A-WAY AT DAVIS ROAD, LTD., DATE: a Florida Limited Partnership C/O: Gary V. Cardmore 467 STILL FOREST TERRACE SANFORD, FL 32771 REF. INV.# 1998 FOLIO #: 33530200004 LIEN NUMBER: LEGAL DESCRIPTION: Parcel 1: Lots 8 to 13, inclusive, Four-Way Corner, according to plat in Plat Book 4, page 16, 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 on lot(s) 11, and constituted a violation of county regulations on October 02, 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: '~t]EDS: ACCUMULATION OF V~'EEDS, GRASS, OR OTHER NON-PROTECTED OVERGRO~,VTH IN EXCESS OF 18" LITTER: PROHIBITED DUMPING, ACCUMULATION, STORAGE OR BURIAL OF LITTER, WASTE OR ABANDONED PROPERTY. You have failed to timely abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of SEVENTY-FIVE ($75.00) DOLLARS and an administrative cost of Two-hundred ($200.00) dollars for a total of TWO HUNDRED SEVENTY- FIVE(S275.00) 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 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 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 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 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. NO\\', THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that lot(s) 11 of the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the m~nerts) of said properly, is hereby assessed the following costs of such abatement, to wit: NAME: USA ST()R-A-WAY AT DAVIS ROAD, LTD., a Florida Limited Partnership LEGAL DESCRIPIION: Parcel 1: Lots 8 to 13, inclusive, Four-Way Corner, according to plat in Plat Book 4, page 16, Public Records of Collier County, Florida. COST: $275.00 REFERENCE#: 1998 FOLIO #: 33530200004 Tt'~¢ Ciera: shall (by regular U.S. mail) mail a copy of this Resolution along with the Notice of Assessment of Lien to the owner(s) of the above-described property. If within twenty (20) days of the date of mailing that copy, the owner fails to deliver payment in full to Collier County, the Resolution and N,~tice 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 by lay,, shall also be a lien upon all other real andJor 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 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 EN,' Mq~x RESOLUTION James N. Coletta, Chairman BOARD OF COUNTY COM~IISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN USA STOR-A-WAY AT DAVIS ROAD, LTD., DATE: a Florida Limited Partnership C/O: Gary V. Cardmore 467 STILL FOREST TERRACE SANFORD, FL 32771 REF. INV.# 2002 FOLIO #: 33530240006 LIEN NUMBER: LEGAL DESCRIPTION: Parcel 1: Lots 8 to 13, inclusive, Four-Way Corner, according to plat in Plat Book 4, page 16, 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 on lot 12, and constituted a violation of county regulations on October 02, 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: ACCUMULATION OF WEEDS, GRASS, OR OTHER NON-PROTECTED OVERGROWTH IN EXCESS OF 18" LITTER: PROHIBITED DLBIPING, ACCUMULATION, STORAGE OR BURIAL OF LITTER, WASTE OR ABANDONED PROPERTY. You have failed to timely abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of SEVENTY-FIVE ($75.00) DOLLARS and an administrative cost of Two-hundred ($200.00) dollars for a total of TWO HUNDRED SEVENTY- FIVE(S275.00) 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 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 6 7 8 9 10 11 12 13 14 I5 16 17 18 19 20 2! 22 23 24 25 26 27 29 3O 3l 32 33 34 35 36 37 38 39 4O 4t 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 WH]EREAS, 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, FLORDA, that lot(s) 12 of the 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: USA STOR-A-WAY AT DAVIS ROAD, LTD., a Florida Limited Partnership LEGAL DESCRIPTION: Parcel 1: Lots 8 to 13, inclusive, Four-Way Corner, according to plat in Plat Book 4, page 16, Public Records of Collier County, Florida. COST: $275.00 REFERENCE#: 2002 FOLIO #: 33530240006 The Clerk shall {by regular U.S. mail) mail a copy of this Resolution along with the Notice of Assessment of Lien to the owner(s) of the above-described property. If within twenty (20) days of the date of mailing that copy, the owner fails to deliver payment in full to Collier County, the Resolution and 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 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. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: BY: Deputy Clerk Approved as to form and legal sufficiency: Thomas . , Assistant County Attorney F: LIEN/MSTR RESOLUTION James N. Coletta, Chairman BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN USA STOR-A-WAY AT DAVIS ROAD, LTD., DATE: a Florida Limited Partnership C/O: Gary V. Cardmore 467 STILL FOREST TERRACE SANFORD, FL 32771 REF. INV.# 2001 FOLIO #: 33530280008 LIEN NUMBER: LEGAL DESCRIPTION: Parcel 1: Lots 8 to 13, inclusive, Four-Way Corner, according to plat in Plat Book 4, page 16, 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 on lot 13, and constituted a violation of county regulations on October 02, 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 WEEDS, GRASS, OR OTHER NON-PROTECTED OVERGROWTH IN EXCESS OF 18" LITTER: PROHIBITED DUMPING, ACCUMULATION, STORAGE OR BURIAL OF LITTER, WASTE OR ABANDONED PROPERTY. You have failed to timely abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of SEVENTY-FIVE ($75.00) DOLLARS and an administrative cost of Two-hundred ($200.00) dollars for a total of TWO HUNDRED SE;~ENTY- FIVE(S275,00) 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 TIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY. LIENS/MSTR LNAL 6 9 10 11 12 13 14 15 16 !.7 18 19 20 21 22 23 24 25 26 27 28 29 30 31. 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 RESOLUTION NO. 2002- A RESOLUTION OF THE BOARD OF COLrNTY COM'MISSIONERS 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, i~cluding prescribed administrative cost incurred by the County, shall be assessed against such property; and WI-IEREAS, 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 IT RESOLX, rED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORDA, that lot(s) 13 of the 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: USA STOR-A-WAY AT DAVIS ROAD, LTD., a Florida Limited Partnership LEGAL DESCRIPTION: Parcel 1: Lots 8 to 13, inclusive, Four-Way Corner, according to in Plat Book 4, page 16, Public Records of Collier Count.,,', Florida. COST: $275.00 REFERENCE#: 2001 FOLIO #: 33530280008 The Clerk shall (by regular U.S. mail) mail a copy' of this Resolution along with the Notice of Assessment of Lien to the owner(s) of the above-described property. If within twenty (20) day's of the date of mailing that copy, the ox~ net fails to deliver payment in full to Collier Count.,,'. the Resolution and 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 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 COMMISSIONERS COLLIER COUNTY, FLORIDA BY: BY: Deputy Clerk Approved as to form and legal sufficiency: Thomas C. Palmer, Assistant County Attorney F: LIENI MSTR RESOLUTION James N. Coletta, Chairman BOARD OF CO[~'TY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER CO[.rNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN TWO M DEVELOPMENT INC PERSECO CORP.-R/A DAVID EFFEKHAR 13612 CHERRY TREE CT 1~. MYERS FL 33912 DATE: REF. INV.# 1995 FOLIO #: 36232120007 LIEN NUMBER: LEGAL DESCRIPTION: All that part of Block 154, Golden Gate City, Unit 5, according to th,, plat thereof as recorded in plat book 5, page 117 through 123, of the public records of Collier County, Florida, being more particularly described as follows: Commencing at the centerline intersection of Hunter Boulevard and Santa Barbara Boulevard as shown on the said Golden Gate City Unit 5 plat; thence along the said centerline of Santa Barbara Boulevard North 0 46' 57" West 300.00 feet; thence leaving said centerline of Santa Barbara Boulevard North 89 13' 03" East 53.00 feet to the West line of Block 154 of said Golden Gate City Unit 5 plat and the POINT OF BEGINNING of the parcel herein described; thence along the west line, North 0 46' 57" West148.00 feet; thence Northeasterly 39.27 feet along the arc of a circular curve concave to the Southeast, having a radius of 25.00 feet, through a central angle of 90 00' 00", being subtended by a chord which bears North 44 13' 03" East 35.36 feet to the South right-of-way line of 194 Court Southwest; thence along said South line, North 89 13' 03" East 273.00 feet; thence leaving said south line, South 0 46' 57" east 210.00 feet; thence South 89 13' 03" West 221.50 feet; thence North 0 46'57" West 37.00 feet; thence South 89 13' 03" West 76.50 feet to the West line of said Block 154 and the Point of Beginning of the parcel herein described; containing 1.37 acres more or less; subject to easements and restrictions of record; bearings are based on plat book 5, pages 117 through 123, 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 05, 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: ACCUMULATION OF WEEDS, GRASS, OR OTHER NON-PROTECTED OVERGROWTH IN EXCESS OF 18" You have failed to timely abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of ONE HUNDRED THIRTY-FIVE ($135.00) DOLLARS and an administrative cost of Two-hundred ($200.00) dollars for a total of THREE- HUNDRED THIRTY-FIVE ($335.00) 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. F~klLURE TO TIMELY PAY THE AMOUNT SPECIFIED IN THI_q NalIC~F.-_ h.~.~ v prc~T~ T INALIENAGAINST ALLOFYO~PROPERTYINCOLLIE~CO~T~. }~'I --1 F: LIENS/ MSTR LNAL ~ ..... ~ " 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 60 61 62 63 65 66 67 68 69 70 71 72 73 RESOLUTION NO. 2002- A RESOLUTION OF THE BOARD OF COLINTY 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 WHliREAS, 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 melve 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 nonce thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: PERSECO CORPORATION, a Florida Corporation LEGAL DESCRIPTION: All that part of Block 154, Golden Gate City, Unit 5, according to the plat thereof as recorded in plat book 5, page 117 through 123, of the public records of Collier County, Florida, being more particularly described as follows: Commencing at the centerline intersection of Hunter Boulevard and Santa Barbara Boulevard as shown on the said Golden Gate City Unit 5 plat; thence along the said centerline of Santa Barbara Boulevard North 0 46' 57" West 300.00 feet; thence leaving said centerline of Santa Barbara Boulevard North 89 13' 03" East 53.00 feet to the West line of Block 154 of said Golden Gate City Unit 5 plat and the POINT OF BEGINNING of the parcel herein described; thence along the west line, North 0 46' 57" West148.00 feet; thence Northeasterl.~ 39.27 feet along the arc of a circular curve concave to the Southeast, having a radius of 25.00 feet, through a central angle of 90 00' 00", being subtended by a chord which bears North 44 13' 03" East 35.36 feet to the South right-of-xvay line of 19m Court Southwest; thence along said South line, North 89 13' 03" East 273.00 feet; thence leaving said south line, South 0 46' 57" east 210.00 feet; thence South 89 13' 03" West 221.50 feet; thence North 0 46'57" West 37.00 feet; thence South 89 13' 03" West 76.50 feet to the West line of said Block 154 and the Point of Beginning of the parcel herein described; containing 1.37 acres more or less; subject to easements and restrictions of record; bearings are based on plat book 5, pages 117 through 123, of the Public Records of Collier County, Florida. COST: $335.00 REFERENCE#: 1995 FOLIO #: 36232120007 The Clerk shall (by regular U.S. mail) mail a copy of this Resolution along with the Notice of Assessment of Lien to the ox~ net, s lot the above-described property. If within twenty (20) days of the date of mailing that copy, the owner fails to deIix er pa> ment in full to Collier County, a certified copy of this Resolution and the Notice of Assessment shall be recorded in ~he elficia] records of Collier County, and by recording shall constitute a lien against the above- described real properv:', 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 Courtly. This Resolution passed and duly adopted by the Board of County Commissioners of Collie~ 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 F: LLEN/MSTR RESOi '.-I'ION James N. Coletta, Chairman BOARD OF COUNTY COMI~HSSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN PIPER, ARTHUR R. & JOHN A. DATE: 58 ENCHANTING BLVD NAPLES, FL 34112 REF. INV.# 2040 FOLIO #: 62256640003 LIEN NUMBER: LEGAL DESCRIPTION: Lot 1, Block 8, Naples Manor Lakes, according to the plat thereof, as recorded in plat book 3, page 86 & 87, Public Records of Collier County, Florida. You, as the owner(s) of the property above-described, as recorded in the records maiatainedby 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 29, 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: ACCU3IULATION OF WEEDS, GRASS, OR OTHER NON-PROTECTED OVERGROWTH IN EXCESS OF 18" You have failed to timely abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of FIFTY-FIVE ($55.00) DOLLARS and an administrative cost of Two-hundred ($200.00) dollars for a total of TWO-HUNI)RED EIFTY- 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 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 I~N,~L 4 5 6 7 8 9 l0 11 12 t3 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 6O 61 RESOLUTION NO. 2002- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESS~MENT 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 administrativ~ 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 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 owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: PIPER, ARTHUR R & JOHN A LEGAL DESCRIPTION: Lot 1, Block 8, Naples Manor Lakes, according to the plat thereof, as recorded in plat book 3, page 86 & 87, Public Records of Collier County, Florida. COST: $255.00 REFERENCE#: 2040 FOLIO #: 62256640003 The Clerk shall (by regular U.S. mail) mail a copy of this Resolution along with the Notice of Assessment of Lien to the owner(s) of the above-described property. If within twenty (20) days of the date of mailing that copy, the owner fails to deliver payment in full to Collier County, a certified copy of this Resolution and the Notice of Assessment shall be recorded in the official records of Collier County, and by recording shah 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 Comrmssioners 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 ~.X~CU~ IV~ S~Y FINAL ACCEPTANCE OF W]%TER AND SEWER UTILITY CONNECTIONS FOR PINE RIDGE SPORTS SCHOOL OBJECTIVE: The Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, to accept the conveyance of the water and sewer connections. CONSIDERATIONS: 1) The Developer of Pine Ridge Sports School, has constructed the water and sewer connections within dedicated easements to serve this development. See attached locaEion map. 2) Preliminary acceptance was approved by the Community Development and Environmental Services staff on June 2, 2000, in accordance with Ordinance 97-17. 3) Staff has recorded all appropriate legal documentation which had been reviewed by the County Attorney's office for legal sufficiency. 4) The water and sewer facilities have been operated and maintained by the Collier County Water-Sewer District during the one (1) year warranty period. 5) A final inspec%ion ~o examine for any defects in materials and workmanship was conducted by the CommuniEy Development and Environmental Services Division staff and found to be satisfactory. 6) The Utilities Performance Security (UPS), in the form of a Cash Bond in the amount of $1,083.17, will be released to the Project Engineer or the Developer's designated agent upon the Boards approval. FISCAL i%~PACT: The water facilities were constructed without cost to the Collier County Water-Sewer District. The cost of operating and maintaining the water and sewer facilities will be paid by monthly user revenues. GROWTH M]%NAG~ IMPACT: This project has been connected to the County Regional Water Treatment Plant and North/South Regional Wastewater Treatment Plant. Capacity presently exists to serve this project. ' ...... ~-~.~ i ~ ~ Executive Summary Pine Ridge Sports School Page Two RECOMMENDATION: The ComMunity Development and Environmental Services Division Administrator recommends that the Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, accept the water and sewer connections for Pine Ridge Sports School, and release the UPS to the Project Engineer or the Developer's designated agent. PREPARED BY: Shirley Nix, Engineering Technician II Engineeri~.~Review Services Date REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Services Date APPROVED BY: co~0NITY DEVELOPMENT A~D E~VIRO~ME~TA~ attachments SERVICES ~/~/~ ~Date ~/INDSONG APTS tBILT RD ALDEN OAKS LIVINGSTON wOODS ? I KENSINGTON Purchaser ONE THOUSAND EIGHTY THREE DOLLARS AND 1 7 CENTS Pay to the order of: COLLIER COUNTY $1,083.17 AmSouth Bank ,:088ooo,o,r-,8,:r-,8,,I,O~,a,qr-, ],F=~?],5858 Official Receipt- CDPR1103 - Official Receipt Collier County Board of County Commissioners Trans Number Date ; Post Date : Payment Slip Nbr 199594 ~ 06/02/2000 10:46:01 AM i06/02/2000 MS 7'1444 J. D. BURT COMPANY, INC. PINE RIDGE SPORTS SCHOOL Payor · J D BURT Fee Information Fee Code Description , GL Account Amount Waived 12BOND DEPOSITS-COMM DEV (CASH BOND1 67000000022011300000 $1083.17 Total $1083.17 Payments Payment Code Account/Check Number Amount CHECK 163715852 $1083.17 Memo: Total Cash $0.00 Total Non-Cash $1083.17 Total Paid $1083.17 Cashier/location: GARRETT_S / 1 User: NIX S Collier County Board of County Commissioners CD-Plus for Windows 95/NT Printed:06/02/2000 10:46:28 AM EXECUTIVE SUMMARY REQUEST TO GRANT FINAL ACCEPTANCE OF THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF "PELICAN STRAND REPLAT - 1C" OBJECTIVE: To grant final acceptance of the infrastructure improvements 5ssociated with that subdivision known as "Pelican Strand ReDlat - iC" CONSIDERATIONS: On May 95 1999 the ~osrd of County nomx~issioners granted preliminary accepnance of ~he roadway, drainage, water and sewer improvements ~r'. "Pelican Strand Repiat - lC" =ne roadway and '-~ ...... ,a~==~.=u= imerovemenYs wl=l oe mainnained by the = ~_e= arid sewer proiecE's homeowner's as~oc~=_ion. The w~ ~ improvements wi!- be meintalned by ihe Co'inlv. The required impr~ver, er~7, s n:,,~ oeen cons~-rucned in accordan2e with the Land Deve!oexent Code. The County Development Servises h~s :r-,~ _ final acceptance o~ tko improvements. A resolur-ior~ _-or iir,-ll ~ccep~ance h~s been prepared and approved by the Caur:tv Atzerney's ~=fmce. z copy of the documen.~ is allac?:ed. FISCAL IMPACT: The roadway and drainage improvements will be m~intained by the project's homeowners association. Water and sewer improvements ,,zzi be ma=n~ined by -P,e ~.~y s Utility Department zhrough their operation and maintennnce budget. GROWTH MANAGEMENT IMPACT: ~,one · Exec~l~. ive Pelican Strand Reeiat - lC Page RECOMMENDATION: ~--_.~=._ the' Board of Ceunt~,~ Coxx~issioners grant final acceptance ef the roadway, drainage, water and sewer improvements in "Pelican Strand Reeiat .... and relea~~ the maintenance security Authorize the Chairman lo execute the attached resoiutien authorizing final acceu. 5ance. ~. nh~nurize the release az the mainEenance security. PREPARED BY: Enoineering Review Eng i .~.-i e r Engineer Cdm~muniuv Dev. and Enviro.~:me .... _.= Svcs. , / j rh 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 5O 51 52 53 54 55 56 57 58 59 6O 61 RESOLUTION NO. 02- RESOLUTION AUTHORIZLNG FINAL ACCEPTANCE OF THOSE ROADWAY, DRAINAGE. WATER AND SEWER IMPROVEMENTS IN PELICAN STRAND REPLAT lC, RELEASE OF THE MAD,/TENANCE S ECUq~dTY, AND ACCEPTING THE MAINTENANCE RESPONSIBILITY FOR THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS THAT ARE NOT REQUIRED TO BE MAINTALNED BY THE HOMEO%hNERS ASSOCL&TION. WHEREAS, the Board of County Commissioners of Collier County. Florida. on February 20, 1999 approved the plat of Pelican Strand Replat - lC 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 bv the Land Development Code (Collier County Ordinance No. 91-!02. as amended), and rite Utilities Standards and Procedures Ordinance (Collier County Ordinance No. 97-I 7): and WHEREAS. the Developer has no,,',' requested final acceptance of the road~xax. drainage, water and sev,'er improvements and release of his maintenance securitx: and WHEREAS. the Compliance Sen'ices Section of the Development Services Department has inspected the roadxvav, drainage, v, ater and sewer improvements, and is recommending acceptance of said facilities. NOW, THEREFORE. BE IT RESOLVED BY THE BOARD OF COL'NTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA, that final acceptance be ~anted for those roadway, drainage, water and sewer improvements tn Pelican Strand Replat - IC, 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 Pelican Strand Homeoxvners Association. This Resolution adopted after motion, second and majority ,.tote favoring san~c. DATE: A. TTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: J:MMES N. COLETTA, CHAII:LMAN Approved as to form and legal sufficiency: Patrick G. White Assistant Collier County Anomey EXECUTIVE SUMMARY REQUEST TO GRANT FINAL ACCEPTANCE OF THOSE ROADWAY IMPROVEMENTS IN LELY RESORT, SPECIFICALLY THE FOLLOWING ROAD SEGMENTS; GRAND LELY DRIVE, LELY RESORT BOULEVARD FROM GRAND LELY DRIVE TO WILDFLOWER WAY, AND WILDFLOWER WAY, AND ACCEPTING THE MAINTENANCE RESPONSIBILITY FOR THOSE ROADWAY IMPROVEMENTS OBJECTIVE: To grant final acceptance of certain roadway segments in Lely Resort CONSIDERATIONS: The subject roadway segments received preliminary acceptance by the Board in 1991 through 1995. o The required improvements have been constructed in accordance with the Land Development Code. The County Development Services has inspected the improvements and is recommending final acceptance of the improvements. A resolution for final acceptance has been prepared and approved by the County Attorney's Office. A copy of the document is attached. FISCAL IMPACT: The roadway improvemenss will be maintained by the County's Transportation Department through their operation and maintenance budget. GROWTH MANAGEMENT IMPACT: None A GZ3NO A IT~.: Exe.cut ive Summary Lely Resort Roadway Segments Page 2 RE C OMMENDAT I ON: That the Board of County Commissioners grant final acceptance of certain roadway improvements in Lely Resort, specifically, the following roadway segments; Grand Lely Drive, Lely Resort Boulevard from Grand Lely Drive to Wildflower Way, and Wildflower Way Authorize the Chairman to execute the attached resolution authorizing final acceptance. PREPARED BY: 3ohn R. Houldsworth, Engineer Engineering Review Thoma~'E. Kuck, P.E. Engineering Review Director / County Engineer Date APPROVED BY: / JosePh,/K. Schmitt, Adminis:raror Comn{Unity Dev. and Environmental Svcs. / ~aCe j rh imr. i ]_ T 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 45 46 RESOLUTION NO. 02- RESOLUTION AUTHORIZING FINAL ACCEPTANCE OF THOSE ROADWAY IMPROVEMENTS IN LELY RESORT, SPECIFICALLY, THE FOLLOWING ROAD SEGMENTS; GRAND LELY DRIVE, LELY RESORT BOULEVARD FROM GRAND LELY DRIVE TO WILDFLOWER WAY, AND WILDFLOWER WAY, AND ACCEPTING THE MAINTENANCE RESPONSIBILITY FOR THE ROADWAY IMPROVEMENTS WHEREAS, the Board of County Commissioners of Collier County, Florida, on April 12, 1994 approved the plats of Lely Resort, Phase Seven and Eight for recording, and on March 6, 1990 approved the plat of Lely Resort, Phase One for recording; and WHEREAS, the developer has constructed and maintained the roadway 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 improvements; and WHEREAS, the Compliance Services Section of the Development Services Department has inspected the roadway improvements and is recommending acceptance of said facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance be granted for those roadway improvements in the following segments of Lely Resort; Grand Lely Drive, Lely Resort Boulevard from Grand Lely Drive to Wildflower Way, and Wildflower W ay. BE IT FURTHER RESOLVED AND ORDERED that the County accept the future maintenance and other attendant costs for the roadway improvements. This Resolution adopted after motion, second and majority vote favoring same. DATE: BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER COUNTY, FLORIDA DWIGHT E. BROCK, CLERK 47 48 49 50 51 52 53 54 55 56 57 ?M~z[q,v~d as to form and legal Patrick G. White Assistant Collier County Attorney By:. JAMES N. COLETTA , CHAIRNLPuN EXECUTIVE SUMMARY FINAL ACCEPTANCE OF ~rATER AND SEWER UTILITY CONNECTIONS FOR SHEPJ~OOD PARK, PHASES TWO AND THREE OBJECTIVE: The Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, to accept the conveyance of the water and sewer connections. CONSIDERATIONS: 1) The Developer of Sherwood Park, Phases II & III, has constructed the water and sewer connections within dedicated easements to serve this development. See attached location map. 2) Preliminary acceptance was approved by the Community Development and Environmental Services staff on January 6, 2000, in accordance with Ordinance 97-17. 3) Staff has recorded all appropriate legal documentation which had been reviewed by the County Attorney's office for legal sufficiency. 4) The water and sewer facilities have been operated and maintained by the Collier County Water-Sewer District during the one (t) year warranty period. 5~ A final inspection to examine for any defects in materials and workmanship was conducted by the Community Development and Environmental Services Division staff and found to be satisfactory. 6) The Utilities Performance Security (UPS), in the form of a Cash Bond in the amount of $17,516.33, will be released to the Project Engineer or the Developer's designated agent upon the Boards approval. FISCAL IMPACT: The water facilities were constructed without cost to the Collier County Water-Sewer District. The cost of operating and maintaining the water and sewer facilities will be paid by monthly user revenues. GROWTH M~/~AGEMENT II~PACT: This project has been connected to the County Regional Water Treatment Plant and North/South Regional Wastewater Treatment Plant. Capacity presently exists to serve this project. Executive Summary Sherwood Park, Phases II & III Page Two ~COMMENDATION: The Community Development and Environmental Services Division Administrator recommends that the Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, accept the water and sewer connections for Sherwood Park, Phase II & III, and release the UPS to the Project Engineer or the Developer's designated agent. PREPARED BY: Shirley Nixl Engineering Technician II Engineering Review Set:ices Date REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Services Manager Date APPROVED BY: Jos~h K. Suh~it{', Administrator comMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES attachments bate BER.KSHIR[ BERKSHIRE LAKES HERON LAKE GREEN RADIO RO~AD (C.R. tit, )~~C TWELVE N,*,'ILDWC',OD ESTATES LOCATION MAP N.T.S. LEGAL DESCRIPTION: Section 34, Township 49, Range 26, Sherwood Park Phases 2 & 3 and Additional Buildings in Phase 1, Tract X ~' 01/0612000 ~ * *SHERWOOD PARK PARTNERSHIP* * ,~ $17,516.33 Purohaaer '~ SEVENTEEN THOUSAND FIVE HUNDRED SIXTEEN DOLLARS AND 33 CENTS ~ Pay to the order of: --COLLIER COUNTY BOARD OF AmSo~uth Bank . ~" .... ~,,~, ..... ~ ~ ..... ~ s~ ........ ~?~ .....:: :'": ~' . ....~,. ~ ~: , . ~ ~.~ ~ ,.~: ~,, Autho~'i~ed Signature - ~:0~000~:r~8""~O~ ~3~0~8 Official Receipt - Collier County Board CDPR1103 - Official Receipt of County Commissioners Trans Number Date Post Date Payment Slip Nbr 173746 01/07/2000 8:32:48 AM ' 01/07/2000 MS 64602 SHERWOOD PARK PARTNERSHIP SHERWOOD PARK, PHASES 2 & 3 Payor · SHERWOOD PARK Fee Information Fee C0de--D~cri~io~ ................ ~G'L~couni -' 12 BO N D'~_'~E-Pb~S~_c_ (~_~-¢~__V_ '(C~_~ 1~-~)~_-6_?~)~ 00-002~20 i 1300000 Total Amount Waived $17516.33 $17516.33 Payn~e~ c-~e AccounVCheck Number CHECK 938230118 Payments Amount $17516.33 Memo: Total Cash S0.O0 Total Non-Cash $17516.33 Total Paid $17516.33 Cashier/location: FROLOFF E / 1 User: NIX S Collier County Board of County Commissioners CD-Plus for Windows 95/NT Printed:01/07/2000 8:33:33 AM EXECUTIVE SUMMARY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "LAGO VILLAGIO", 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 "Lago Villagio", a subdivision of lands located in Section 6 Township 50 South, Range 26 East, Collier County, Florida, following the alternative procedure for approval of subdivision plats. CONSIDERATIONS: On June 26, 2001, the Board of County Commissioners approved this project under the name of Regent Lake. The Developer has subsequently changed the project name. Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Lago Vitlagio" These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. All fees have been paid. Security in the amount of 10% of the total cost of the required improvements, and 100% of the cost of any remaining improvements, together with a Construction and Maintenance Agreement for Subdivision Improvements, 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 County Land Development Code - Division 3.2.9. Engineering Review Section recommends that the final plat of "Lago Villagio" be approved for recording. FISCAL IMPACT: The project cost is $655,655.75 (estimated) to be borne by the developer. The cost breakdown is as follows: a) b) Water & Sewer Drainage, Paving, Grading - $362,250.00 - $293,405.75 The Security amount, equal to 110% of the project cost, plus $304,778.67 as the Excavation security is $1,026,000.00 Lake Executive Summary Lago Villagio 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: $12,856.57 Fees are based on a construction estimate of $655,655.75 and were paid in December, 1999, and May, 2001. The breakdown is as follows: a) Plat Review Fee ($500.00 + $5./ac)- $ 565.00 b) c) Paving, Grading (1.3% const, est.) GROWTH MAI~AGEMENT IMPACT: Construction Drawing Review Fee Water & Sewer (.50% const, est.) - $1811.25 Drainage, Paving, Grading (.42% const, est.)- $1232.30 Construction Inspection Fee Water & Sewer (1.5% const, est.) - $5433.75 Drainage, - $3814.27 The Concurrency Waiver and Release relating to conditional approval has been reviewed and approved by the County Attorney's Office for the project. ENVIRONMENTAL ISSUES: issues HISTORICAL/ARCHEOLOGICAL There are no outstanding environmental IMPACT: There are no historical or archeological impacts EAC RECOMMENDATION: Approval CCPC RECOMMENDATION: Approval PLANNING SERVICES STAFF RECOM~4ENDATION: That the Board of County Commissioners approve the Final Plat of "Lago Villagio" for recording with the following stipulations: Approve the amount of $1,026,000.00 as performance security for the required improvements. Executive Summary Lago Villagio Page 3 o Approve the Agreement, and standard form Construction and Maintenance 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 appropriate Construction and Maintenance Agreement is approved and accepted by the Planning Services Director and the County Attorney's office. PREPARED BY: John R. Houldsworth, Engineer Engineering Review REVIEWED BY: Thomas E. Kuck, P.E. Engineering Services Director / County Engineer Interim Planning Services Director Date Date APPROVED BY: Joseph,~.. ' or Commun~ Development & Environmental Services j rh RADIO RD 856) ~ II II I '-]L~__~--] DAVIS ~ ~ n DAVIS BOULEVARD NOT TO SCALE EXECUTIVE SUMMARY APPROVAL OF AN INTERLOCAL AGREEMENT BETWEEN COLLIER COUNTY AND THE IMMOLKALEE FIRE CONTROL DISTRICT AUTHORIZING THE COUNTY TO COLLECT IMPACT FEES ON THE DISTRICT'S BEHALF IN EXCHANGE FOR A ONE PERCENT ADMINSlTRATIVE FEE, RESULTING IN APPROXIMATELY $1,000 IN NEW ANNUAL REVENUE TO THE COUNTY OBJECTIVE: To obtain Board of County Commissioners approval of an interlocal agreement between Collier County and the Immokalee Fire Control District (the District) authorizing County staffto collect newly adopted impact fees on the District's behalf. CONSIDERATIONS: On November 15, 2001, the Board of Commissioners of the Immokalee Fire Control District adopted a resolution providing for the Imposition, collection, and use of impact fees within the jurisdictional boundaries of the District. This collection of fees for this levy began on January 1, 2002. In the spirit of cooperation and a mutual desire to maintain an efficient, customer friendly, building permit process, staff is bringing forth this intertocal agreement, which will authorize the County to collect fire impact fees on the district's behalf on a pass-through basis in exchange for a one percent administrative fee. The Interlocal Cooperation Act of 1969 set forth in Chapter 163, Florida Statutes, authorizes the joint exercise of any power, privilege or authority that public agencies might exercise separately. Chapter 89-453, Laws of Florida, which took effect as a result of a referendum held on September 4, 1990, added Section 20 to Chapter 77-535, Laws of Florida, authorizing the imposition and collection of impact fees for capital improvement on new construction within the boundaries of the District. FISCAL IMPACT: Pursuant to the interlocal agreement, the District will pay an administrative fee of one percent of fire impact fees collected. Base on the current level of building permit activity within the District boundaries, it is anticipated the County will collect approximately $100,000 per year on the District's behalf. Thus, approval of the interlocal agreement will result in an estimated $1,000 in additional annual revenue to the County. The County's costs associated with collections of the District's impact fees will be nominal because the administrative procedures are already in place. The time spent by County staff on the detailed tasks associated with this effort will be negligible. A budget amendment is not required because these fees are accounted for as non-budget items on the Community Development Fund (113) General Ledger. MAR 12 2002 pg. f Interlocal Agreement--Immokalee FCD Impact Fees Page 2 GROWTH MANAGEMENT IMPACT: Fire Impact Fees serve the purpose of providing an important funding source for growth-necessitated capital equipment and facilities. RECOMMENDATION: That the Board of County Commissioners approve an interlocal agreement between Collier County and the Immokalee Fire Control District authorizing County staff to collect impact fees on the District's behalf. SUBMITTED BY: REVIEWED BY: APPROVED BY: Phi'l~ip 1~. Tindall-- I~npact Fee Coordina/~ Business Manager, Office of Financial Management ,j~~- D at e: 2-- Joseph K. Schmitt, Administrator ./Community Development & Environmental Sen'ices Division MAR 1 2 2007_ Pg._ INTERLOCAL AGREEMENT THIS INTERLOCAL AGREEMENT is entered into this ~ [ ~ day of ~'-~¢,toh%',{ ,2002, by and between Collier County, a political subdivision of the State of Florida, hereinafter referred to as the "COUNTY", and the Immokalee Fire Control District, an independent special district of the State of Florida, hereinafter ret~rred to as the "DISTRICT". WHEREAS, the interlocal Cooperation Act of 1969 set forth in Chapter 163, Florida Statutes, authorizes the joint exercise of any power, privilege or authority which the public agencies involved herein might exercise separately; and, WHEREAS, the Florida Legislature has authorized the District to establish, impose and collect impact fees on new construction within the boundaries of the District as provided in Chapter _001-.~.~0, Laws of Florida; mid, kkStEREAS, the District has initially adopted an impact fee schedule, a copy of which is attached, which shall apply to all new construction within the District boundaries until said impact Ike schedule is modified by the District; and, WHEREAS, the District in its sole opinion, and without reliance on any opinion of the COUNTY, has determined the methodology and legal requirements to establish and assess the impact tkes on construction in the DISTPdCT; and, Vv~EREAS, the District is auti~orized by Resolution 01-11-005 to enter into an interlocal agreement with Collier County wtfich provides Ibr Collier County's collection of the District's impact lkes on behalf of the District; WHEREAS, the parties are desirous of describing each other's rights and responsibilities, including each party's indemnification of the other party as described herein; and, V,q-IEREAS, the parties have a mutual desire to nmintain an efficient building permit process, wkich can be best accomplished by the DISTRICT and the COUNTY agreeing to provide tbr the collection of impact fees under the terms of this AGREEMENT. NOW THEREFORE, in consideration of the mutual promises of the parties described hereh~ and for other good and valuable consideration, receipt of which is hereby acknowledged by both parties, the parties hereby agree, stipulate and covenant as follows: 1. This Interlocal Agreement (hereinafter, the "AGREEMENT") is entered into pursuant to the provisions of Section 163.01, Florida Statutes. 2. The COUNTY hereby agrees to assist and cooperate with the DISTRIC collecting the DISTRICT S nnpact lees n-nposed w~thin the boundaries of th,e, Immokak Control District as provided by general law, especially Chapter 191, Florida Statutes, edFir~ !:3'? c~ MAR 1 2 2002 Chapter 2001-330, Laws of Florida, and Chapter 2000-393, Laws of Florida, as said laws may be amended. 3. The COUNTY, as the agent of the District, shall require, prior to and as a condition to the issuance of a building permit Ibr all new construction within the District boundaries, the payment to the COUNTY of the impact fee imposed by the District as said impact fee may be amended from time to time by the District. All impact fees collected by the COUNTY during a calendar month on behalf of the District shall be remitted, with interest earned on such fees by the COUNTY, to the DISTRICT prior to the 15a~ working day tbllowing the last day of the calendar month in which such impact fees are collected. 4. The DISTRICT hereby directs the COUNTY to classy' the building permits and collect all impact lees based upon the tbllowing definitions: "Residential Construction" shall mean a building designed exclusively for the purpose of residential occupancy by no more than two family units which consists of one or more rooms that are arranged or used as living quarters for one or more persons per Ihmily unit. "Non-Residential Construction" shall mean all buildings designed for or whose prin~ary purpose is for non-residential occupancy which consists of one or more roon~s which are arranged, designed or used for non-residential activities. As an example of what constitutes a non-residential unit, non-residential units include but are not limited to all multi-family structures for more than two family units. triplexes, cooperative apartments, condominiums, commercial units, industrial units, motels, hotels, shopping centers, churches, nursing homes, hospitals, congregate living facilities, schools, fi'aternal lodges, veteran's lodges, or similar type structures. 5. Pursuant to Chapter 2001-330, Laws of Florida and Resolution 01-11-005, the DISTRICT and the COUNTY shall not issue a building permit to any person for new residential construction or new non-residential construction within the DISTRICT until the permit applicant thereof shall have paid the applicable District impact i~e to the COUNTY on behalf of the DISTRICT in accordance with this AGREEMENT and the District's fire impact fee schedule, as said fire impact fee schedule may be amended by the District from time to time. 6. Pursuant to the District's Special Acts, the DISTRICT hereby authorizes the COUNTY to assess; and collect the impact fees at the rates established by the District from time to time. Initially, the impact fee rates shall be as described in the District's Resolution 01-11- 005, a copy of which is attached hereto. In the event the District modifies the impact lee schedule described in Resolution 01-11-005, said modification shall not be applicable to this contract and the County shall not be bound to collect impact fees under the revised impact fee schedule until 30 days after a copy of the District's new impact fee schedule has been provided to the County in writing. ~c~A!lt~ "' .o.~/~-' ~, o MAR 1 2 2002. 7. The DISTRICT and the COUNTY shall have the reciprocal right to review the records of the other as to the receipt, allocation and expenditure of impact fees, including records as to the issuance of building permits. All such inspections shall be made upon reasonable notice and at reasonable times and places. 8. The District shall' pay the County a fee of one percent (1%) of the total impact I~es collected on behalf of the DISTRICT during each calendar month by the County on behalf of the District. The County shall separately invoice the District for the county's fee for the preceeding calendar month prior to the 15a' working day following the last day of the calendar month in which such impact fees are collected. Between 15 working days and 20 working days after the District's receipt of the county's invoice, the COUNTY shall deduct the full amount of such invoice from the impact fees collected by the County unless the District files a written objection to the amount of the invoice with the County within 15 working days of the DISTRICT'S receipt of such invoice. Both parties ac'knowledge that the amount of the monthly payments to the County is equal to the cost incurred by the COUNTY in the collection of the DISTRICT'S impact fees, including any increase to the COUNTY in bonding or surety costs resulting from the handling of these additional monies. 9. This AGREEMENT shall be for an initial term fi.om the date of its execution through September 30, 2002. This initial term shall be automatically renewed for additional one year terms commencing October 1 of each year and terminating September 30 of each succeeding year; provided, however, that either party may at any time terminate this AGREEMENT upon 30 days prior written notice to the other party by certified mail, return receipt requested. 10. In the event the COUNTY in good faith is uncertain as to its obligations or procedures pursuant to this AGREEMENT, the COUNTY may request a clarification in writing fi'om the DISTRICT and the DISTRICT shall provide the COUNTY with written direction on such obligation or procedure wittsn 10 days and the COUNTY shall be entitled to rely on such written direction. 11. The DISTRICT agrees to indemnify the COUNTY and hold the COUNTY harmless fi'om all costs, fees, damages, judgments or liability of any kind which result fi'om the COUNTY'S performance of its obligations herein, done in accordance with any written directions given by the DISTRICT to the COUNTY pursuant to this AGREEMENT. Further the DISTRICT agrees to indemnify the COUNTY and hold the COUNTY harmless from all costs, ~ke, damages, judgments or liability of any kind which result from the DISTRICT'S adoption of the impact fee rates described in the DISTRICT Resolution attached hereto. The COUNTY agrees to indemnify the DISTRICT and hold the DISTRICT harmless from all costs, fees, damages, judgments or liability of any kind which result from the sole negligence of the COUNTY in charging or collecting the impact fees. Except as specifically set tbrth in this Paragraph, neither the COUNTY nor the DISTRICT shall have any responsibility or rec uirement to indemnil~, or hold the other harmless. 12. All notices required under this AGREEMENT shall be directed to the fi llowmg oftices: MAR 1 2 2002 For the COUNTY: Office of the County Manager 3301 Tamiami Trail East Naples, Florida 34112 With a copy to: Community Development and Environmental Services Administrator 2800 North Horseshoe Drive Naples, Florida 34104 For the DISTRICT: Chief Ray Alvarez Inm~okalee Fire Control District 502 E. New Market Road Immokalee, FL 34142 13. This AGREEMENT shall be effective for all building permits issued after execution oftl-fis AGREEMENT by the COUNTY and the DISTRICT and tNs AGREEMENT shall fi~rther confirm and ratify, the collection of all impact fees which have been collected by the COUNTY on behalf of the DISTRICT. IN WITNESS WHEREOF, the parties hereto have executed the foregoing INTERLOCAL AGREEMENT ti'tis __ day of ,2002. ATTEST: Dwight E. Brock, Clerk BO,~d~D OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By': By: Clerk Print Name Title Approved as to form and legal Assistant CoUnty Attorney I mmo~~.~;;t~rict it=m= as h' Matthews MAR 1 2 2002 p~. RESOLUTION 01-11-0~ ~8 RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE IMMOKALEE FIRE CONTROL DISTRICT TO LEVY IMPACT FEES Wr~H~ THEIR JURISDICTIONAL BOUNDARIES; PROVIDING FOR TH~ I~POSI'rION, CO!J~ECTION, AND USE OF IMPACT FEES; AND PROVIdinG AN EFFECTIVE DATE. . W!~E~A$, the t..~;-.okalrz Fire Control District (hereinaRer referred to as ~ Distrk~) t~ an ~nt ~ in Collier County respo~'ble for the prevent!o.n, extinguishment and f inv~al~on of fires that occur within its bour~*~'s as dg~ribed tn chapter 2000-393, Laws o WI~E~, t~ Board of Fire Commissioners (herelnsRcr relL'rred to as "the Board") aml~oriz~l~to levy imp~t fees for n~w construction as stated in Chapter 2001-3~0 (2Xa), Laws of I rita; and, ~/I~~, the Board has the right, at its sole discretion, ~o establish a schedule of impact fees pew ~n to pay for new facilities and equipment of the district, the need of which is in ~ie or in pm't the reault of new constriction within the jurisdictional boundaries of the ~ az alarm in Chapter :2001-330 (2) (b), Laws of Florida; and, Wl~l~, tlae Board rn~y enter imo an Intm'loeal Agreement with Collier County, Florida as ~ ~orth in tl~ Imodoc~d Cooperation Act of 1969 in ac, corSe with Chapter 163 of the Florida to collect mpact fees, LA Sir or NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF FIRE COMMISSIONERS OF THE IMMOKALEE FIRE CONTROL DISTRICT: SECTION ONE foRo .Wing ~ire Imp~t Fee Schedule is hereby adopted. ~D USg T~PE: IMPACT FEE PER SOUARE FT. tIDENTIAL: Ictllm i~ than 32 feet in height, ~ th~m 12, 000 scpmre feet ia gross i 39~d 3~I3 33-~NONNI $0.20 per foot $0.34 I~r foot u MAR I 2 2002 Pg. [ I£:9I I00Z/§8/gI NON-RESIDENTIAL: Struetur~ Iaaa than 32 feet in height, or less than 12, 04)0 square feet in gross $0.21 per foot Strumrm equal to or greater than 32 i:Teet ha height or equal to or greater than 12,000 square feet in gros~ floor area 5;0.35 per foot The i?act fcc for buildings shall be calculated on thc gross floor area ofa buikthg, not th~ leamble floor area. Th~ in.ct fee for mobile homes or recreational vehicles shall be calculated on the sqmre footage of 25% of the site or lot area of each site in the event the exact size of the ~hile home or recreational vehicle is unknown at the time of permitting. A 50°/, discount will be given when a fire sprinkler system is immlled that is not requited by code as long a~ the fire sprinkler system is pre-approved in writing by the District. SECTION TWO The Di.str~ is hereby authorized to impose, collect and use impact fees g~erated from construction within the District as provided herein and by general law and special law as said laWS may be amended from time to time. A fire impact fee shall be paid for as provided herein for!all applical:ie construction within the Distri"~ beginning January 1, 2002, The fire impact ~-e slmll be lmid at the time a permit is issued ifa county building permit is required for the nppli~tble construction Ifa county building permit is not r~quired for the applicable construction, the rite impact fee shall be paid prior to com_rnencement of construction or at the ~ final approval oft_he proposed construction project is rendered by a government agency other than Collier County, Florida, whichever occur~ first. SECTIO~N THREE Thc Chaimmn ia hereby ~uthorized to ¢nt~ into an intcrlocal agreement with Colliex County, Flor~ which provides for Collier Coumy, Florida to collect fire impact f~s on behalCofthe District for a f~e agreed upon by the District and Collier County, Florida. If agry phrme or portion of this resolution ia held invalid or unco~utional by any court of conxpm~mt ~n, ~uch portion shall be deemed a separate, distinct and ind~ provision and ~uch holding shall not affect the validity of the remah~ portion. This eesolufion shall become effective inmmdiately. 3~I~ 339~NONNI '[£:9I IOOg/~O/gI TH[E FOREOOINO RESOLUTION WAS OFFERED BY COMMISSIONER ~l%~r')q Ch .C~t.e.t~ WHO MOVED ITS ADOPTION. THE MOTION WAS SECONDED BY COMMIssIO~R .~'~h.,~ ~ ~\ ~,~ AND, UPON BEING PUT TO A VOTE, THE VOTE WAS AS FOLLOWS: Co, muissiouer Ofulia Dimas ._~ Comani.ssioner Edward Olcsky Commissioner Floyd Crews ~OAaD OF COM~SSXO~ OF THE ~~EE ~ AGENDA ITE. M-~ Pg / EXECUTIVE SUMMARY REQUEST TO GRANT FINAL ACCEPTANCE OF THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF "MAPLEWOOD UNIT TWO" OBJECTIVE: To grant final acceptance of the infrastructure improvements associated with that subdivision known as "Maplewood Unit Two" CONSIDERATIONS: On September 23, 1998, the Board of County Commissioners granted preliminary acceptance of the roadway, drainage, water and sewer improvements in "Maplewood Unit Two". o The roadway and drainage improvements will be maintained by the project's homeowner's association. The water and sewer improvements will be maintained by the County. The required improvements have been constructed in accordance with the Land Development Code. The County Development Services has inspected the improvements and is recommending final acceptance of the improvements. o A resolution for final acceptance has been prepared and approved by the County Attorney's Office. A copy of the document is attached. FISCAL IMPACT: The roadway and drainage improvements will be maintained by the project's homeowners association. Water and sewer improvements will be maintained by the County's Utility Department through their operation and maintenance budget. GROWTH MANAGEMENT IMPACT: None "--4, I AR 1 2 2002 Executive Summary · Maplewood Unit Two Page 2 RECOMMENDATION: That the Board of County Commissioners grant final acceptance of the roadway, drainage, water and sewer improvements in "Maplewood Unit Two" 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: · H0uldsworth;' Engineering Review Engineer Date Thomas E. Kuck, P.E. Engineering Review Director / County Engineer APPROVED BY: JoseP~/K. Schm"~t: Adml.'ni~trator Commun,ity Dev. 'and Environmental i' / Svcs. j rh Dat~ MAR I 2 2002 T' 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 2-!. 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 40 ,41 42 43 44 45 46 47 48 49 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 MAPLEWOOD UNIT TWO, RELEASE OF THE MAINTENANCE SECURITY, ANT) ACCEPTING THE MAINTENANCE RESPONSIBILITY FOR THE ROADWAY, DRAINAGE WATER AND SEWER LMPROVEMENT'S THAT ARE NOT REQUIRED TO BE MAINTAINED BY THE HOMEOX3,,~ERS ASSOCIATION. \VHEREAS, the Board of County Commissioners of Collier County, Florida, on October 3, 1995 approved the plat of Maplewood Unit Two for recording; and \VHEREAS. 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 Count.',' Ordinance No. 91-102, as amended), and tl~e 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 improvemcnts and release of his maintenance security; and WHEREAS, the Compliance Services Section of the Development Services Department has inspected the roadway, drainage, water and sev,'er improvements and is recommending acceptance of said facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COL%'TY COM*IISSIONERS OF COLLIER COU,~TY, FLORIDA, that final acceptance be granted for those roadway', drainage, water and sewer improvements in Maple\rood Unit Tv,'o, 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 Maplewood Homeowners Association. This Resolution adopted after motion, second and majority vote favoring same. DATE: ATTEST: D\VIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By:. JAMES N. COLETTA, CHAIPdMAN Approved as to form and legal sll.ffi.ciency: Patrick O. White Assistant Collier County Attorney ~o.~. t 9- 2002 Pi. EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE THE AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS, THE COMMUNITY REDEVELOPMENT AGENCY AND THE COLLIER COUNTY CLERK OF COURTS FOR PROVISION OF SECRETARIAL SERVICES TO THE COMMUNITY REDEVELOPMENT AGENCY BY THE CLERK OF COURTS. OBJECTIVE: To receive approval of the Clerk of Courts Agreement for provision of secretarial services to the Community Redevelopment Agency (CRA). CONSIDERATIONS~. The CRA bylaws adopted March 27, 2001 contemplated that secretarial services such as record keeping, recording of minutes, providing meeting notices, and attesting contracts and other CRA documents would be performed by the Clerk of Courts. The bylaws further indicated that the duties of the Secretary would be defined in a written agreement with the Clerk. FISCAL IMPACT: For independent CRA meetings, the CRA will pay for recording of minutes provided by the Clerk of Courts from the Redevelopment Trust Fund using the same or similar contracts as already used by the Clerk for recording of BCC minutes. Total expenditures associated with approval of this agreement will be dependent on the actual number of hours and pages of transcription services that are utilized by the CRA. However, based on an estimated average three (3) hour quarterly meeting, as well as the current contract rate of S30.00 per hour and S9.45 per page, it is estimated that the total cost per year will be approximately S3,720.00. Charges for services covered under this agreement will be allocated between Immokalee Redevelopment Fund (186) and Bayshore/Gateway Redevelopment Fund (187) based on actual utilization. Funds will be transferred from CRA Funds (186 and 187) FY 02 Reserves. GROWTH MANAGEMENT IMPACT: N/A PLANNING SERVICES RECOMMENDATION: That the Board of Count}' Commissioners authorize the Chairman to sign the attached Clerk of Courts Agreement for provision of secretarial services to the Community Redevelopment Agency (CRA), and approve the necessary Budget Amendments as outlined above. PREPARED BY: MARLENE FOORD PRINCIPAL PLANNER COMPREHENSIVE PLANNING SECTION XN LITSING~ COMPREHENSIVE PLANNING MANAGER February 25, 2002 DATE DATE REVIEWED BY: · -~ //g-USAN MURRAY, A[CP (,/ PLANNING SERVICES DEPARTME~ DIRECTOR APPROVED BY: DATE 1 2 2002 ADM,iN,/STRATOR COM~"~UNITY DEV. AND ENVIRONMENTAL SERVICES MAR 1 2 2002 - AGREEMENT THIS AGREEMENT is nlade and entered by and between COLLIER COUNTY CLERK OF COURTS (hereinafter referred to as the "Clerk"), whose mailing address is 3301 Tamiami Trail East, Courthouse Building, 6th Floor, Naples, FL 34112, the COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS a political subdivision of the state of Florida (hereinafter referred to as "BCC") whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112, and the COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY (hereinafter referred to as the "CRA"), a legal entity authorized by Part III, Chapter 163, Florida Statues and established by the Collier County Board of County Commissioners, xvhose mailing address is 2800 North Horseshoe Drive, Naples, Florida 34104. WITNESSETH: WHEREAS, the CRA bas adopted bylaws for the Agency that establish nmmbersbip, duties and responsibilities; and WHEREAS, the bylaws contemplated that secretarial duties such as record keeping, recording of minutes, providing meeting notices, and attesting contracts and other CRA documents would be perfomled by the Clerk; and \VHEREAS, the CRA requests that tile Clerk perfonn such duties which are similar in nature to those already performed on a regular basis for the Collier County Board of County Commissioners; and WHEREAS, the adopted bylaws indicate that the duties of tile Secretary will be defined in a written agreement with the Clerk; and WHEREAS, tile Clerk recognizes tile benefit to CRA and desires to provide said services to the CRA for compensation for the stated purposes, on the tenns and conditions set forth herein; and WHEREAS, the services to be provided by the Clerk mirror those already provided to and paid for by the BCC and the majority of the services needed by the CRA will be needed during the nomlal course of operations of the BCC; and NOW, THEREFORE, in consideration of these provisions, it is agreed by and betxveen tile parties as follows: The CRA shall pay the Clerk for the following sen, ices provided on an as needed basis by the Clerk to the CRA: (a) keeping the minutes of the proceedings of the meetings of the CRA, (b) providing all notices in accordance with the provisions of the CRA bylaws or as required by law, (c) posting or causing to be posted all meeting notices as required by County procedures and notify members, ~,~ lit~ z MAR I 2 2002 P~. ~ (d) maintaining custody of the CRA records, (e) attesting contracts and other CRA documents, (f) providing all financial functions that the Clerk currently provides to the BCC, and (g) investing the CRA's funds in accordance with Florida Laxv. All costs incurred by the Clerk for secretarial services provided to the CRA will be paid through the same pa5qnent and accounting processes a~eed upon between the BCC and the Clerk, unless special meetings of the CRA are held, in which case obligations, costs of services and payment for court reporting will emulate those already provided for in the agreement between the Clerk and the court reporting company contracted by the Clerk for the same services. 2. Through its annual budgetary process, the BCC agrees to budget for and pay for the costs incurred by the CRA as a result of the above listed services by the Clerk. The CRA will conform to all purchasing and personnel policies of the BCC, and will only vary from these policies if and when the provisions of this agreement are amended, after mutual concurrence of all parties, to reflect such a needed change. This Agreement will be in effect from the effective to until September 30, 2002 and will be renewed on an mmual basis to allow all parties to evaluate the impact of the agreement, reassess the type, level and cost of services, and make necessary budget or other adjustments as become necessary. Such annual renewal does not preclude any of the parties from pursuing an amendment to the Agreement at any time as becomes necessary. 5. This Agreement is governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties bare hereunto affixed their signatures by their duly authorized representatives. DATED: WITNESSES: Witness (Signature) Name: (Print) COMMUNITY REDEVELOPMENT AGENCY OF COLLIER COUNTY, FLORIDA BY: CRA CHAIRMAN MAR 1 2 2002 Witness (Signature) Nalne: (Print) COLLIER COUNTY CLERK OF COURTS OF COLLIER COUNTY, FLORIDA BY: DWIGHT E. BROCK, SECRETARY Witness (Signature) COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA Name: (Print) BY: JAMES N. COLETTA, CHAIRMAN STATE OF COUNTY OF Tile foregoing Agreement was acknowledged before me this day of __, 2001, by (name) as (title) of tile Collier County Community Redevelopment Agency on behalf of the Agency, who is personally known to me or who has produced as identification. (Affix notarial seal) (Signature of Notary Public) (Print name of Notary Public) NOTARY PUBLIC Serial/Commission #: if any. My Commission Expires: STATE OF COUNTY OF The foregoing Agreement was acknowledged before me this (name) as (title) personally known to me or who bas produced day of__, 2001, by of the Clerk of the Courts, who is as identification. MAR 1 2 2002 pg..~' (Affix notarial seal) (Signature of Notary Public) (Print name of Notary Public) NOTARY PUBLIC Serial/Commission #: if any. My Commission Expires: STATE OF COUNTY OF The foregoing Agreement was acknowledged before me this day of __, 2001, by (name) as (title) of the Collier County Board of County Commissioners on behalf of the Agency, who is personally known to me or who has produced as identification. (Affix notarial seal) (Signature of Notary Public) (Print name of Notary Public) NOTARY PUBLIC Serial/Commission #: if anv My Commission Expires: MAR 1 2 2002 COMMUNITY REDEVELOPMENT AGENCY EXECUTIVE SUMMARY Companion to BCC Executive Summary RECOMMENDATION THAT THE COMMUNITY REDEVELOPMENT AGENCY APPROVE THE AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS, THE COMMUNITY REDEVELOPMENT AGENCY AND THE COLLIER COUNTY CLERK OF COURTS FOR PROVISION OF SECRETARIAL SERVICES TO THE COMMUNITY REDEVELOPMENT AGENCY BY THE CLERK OF COURTS. OBJECTIVE: To receive approval of the Clerk of Courts Agreement for provision of secretarial services to the Community Redevelopment Agency (CRA). CONSIDERATIONS: The CRA bylaxvs adopted March 27, 2001 contemplated that secretarial services such as record keeping, recording of minutes, providing meeting notices, and attesting contracts and other CRA documents would be performed by the Clerk of Courts. The bylaws further indicated that the duties of the Secretary would be defined in a written agreement with the Clerk. FISCAL IMPACT: For independent CRA meetings, the CRA will pay for recording of minutes provided by the Clerk of Courts from the Redevelopment Trust Fund using the same or similar contracts as already used by the Clerk for recording of BCC minutes. Total expenditures associated with approval of this agreement will be dependent on the actual number of hours and pages of transcription services that are utilized by the CRA. However, based on an estimated average three (3) hour quarterly meeting, as well as the current contract rate of S30.00 per hour and S9.45 per page, it is estimated that the total cost per year will be approximately S3,720.00. Charges for services covered under this agreement will be allocated between Immokalee Redevelopment Fund (186) and Bayshore/Gateway Redevelopment Fund (187) based on actual utilization. Funds will be transferred from CRA Funds (186 and 187) FY 02 Reserves. GROWTH ,MANAGEMENT IMPACT: ' N PLANNING SERVICES RECOMMENDATIO, : That the Community Redevelopment Agency authorize the Chairman to sigqa the attached Clerk of Courts Agreement for provision of secretarial services to the Community Redevelopment Agency (CRA), and approve the nece§sary Budget Amendments as outlined above. PREPARED BY: MARLENE FOORD PRINCIPAL PLANNER COMPREHENSIVE PLANNING SECTION STAN LITSII~GER, A1WP COMPREHENSIVE PLANNING MANAGER February 26, 2002 DATE DATE REVIEWED BY: ~ ...'SUSAN MURRAY, AICP ~ PLANNING SERVICES DEPARTMENT DIRECTOR DATE MAR I 2 2002 I~.~ -- APPROVED BY: ADM INI~I'RATO R COMMIJNITY DEV. AND ENVIRONMENTAL SERVICES AGREEMENT THIS AGREEMENT is made and entered by and betxveen COLLIER COUNTY CLERK OF COURTS (hereinafter referred to as the "Clerk"), whose mailing address is 3301 Tamiami Trail East, Courthouse Building, 6th Floor, Naples, FL 34112, the COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS a political subdivision of the state of Florida (hereinagter referred to as "BCC") whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112, and the COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY (hereinafter referred to as the "CRA"), a legal entity authorized by Part III, Chapter 163, Florida Statues and established by the Collier County Board of County Commissioners, whose mailing address is 2800 North Horseshoe Drive, Naples, Florida 34104. WITNESSETH: WHEREAS, the CRA has adopted bylaws for the Agency that establish membership, duties and responsibilities; and WHEREAS, the bylaws contemplated that secretarial duties such as record keeping, recording of minutes, providing meeting notices, and attesting contracts and other CRA documents would be performed by the Clerk; and WHEREAS, the CICA. requests that the Clerk perform such duties which are similar in nature to those already performed on a regular basis for the Collier County Board of County Commissioners; and WHEREAS, the adopted bylaws indicate that the duties of the Secretary will be defined in a written agreement with the Clerk; and WHEREAS, the Clerk reco=m~izes the benefit to CICA. and desires to provide said services to the CRA for compensation for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, the services to be provided by the Clerk mirror those already provided to and paid for by the BCC and the majority of the services needed by the CRA will be needed during the normal course of operations of the BCC; and NOW, THEREFORE, in consideration of these provisions, it is agreed by and between the parties as folloxvs: The CRA shall pay the Clerk for the folloxving services provided on an as needed basis by the Clerk to the CRA: (a) keeping the minutes of the proceedings of the meetings of the CRA, (b) providing all notices in accordance with the provisions of the CRA bylaxvs or as required by law, (c) posting or causing to be posted all meeting notices as required by County pr< ced.res nn,4 . notify members, ~0~ / [ . MAR 1 2 2O02 1 . Pg ~ (d) maintaining custody of the CRA records, (e) attesting contracts and other CRA documents, (f) providing all financial functions that the Clerk currently provides to the BCC, and (g) investing the CRA's funds in accordance with Florida Law. 1. All costs incurred by the Clerk for secretarial services provided to the CRA will be paid through the same payment and accounting processes agreed upon between the BCC and the Clerk, unless special meetings of the CRA are held, in which case obligations, costs of services and payment for court reporting will emulate those already provided for in the agreement between the Clerk and the court reporting company contracted by the Clerk for the same services. 2. Through its annual budgetary process, the BCC agrees to budget for and pay for the costs incurred by the CRA as a result of the above listed services by the Clerk. 3. The CRA will conform to all purchasing and personnel policies of the BCC, and will only vary from these policies if and when the provisions of this agreement are amended, after mutual concurrence of all parties, to reflect such a needed change. 4. This Agreement will be in effect from the effective to until September 30, 2002 and will be renewed on an annual basis to allow all parties to evaluate the impact of the agreement, reassess the type, level and cost of services, and make necessary budget or other adjustments as become necessary. Such annual renewal does not preclude any of the parties from pursuing an amendment to the Agreement at any time as becomes necessary. 5. This Agreement is governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties have hereunto affixed their signatures by their duly authorized representatives. DATED: WITNESSES: Witness (Signature) Name: (Print) COMMUNITY REDEVELOPMENT AGENCY OF COLLIER COUNTY, FLORIDA BY: CRA CHAIRMAN MAR 1 2 2002 Witness (Signature) Name: (Print) COLLIER COUNTY CLERK OF COURTS OF COLLIER COUNTY, FLORIDA BY: DWIGHT E. BROCK, SECRETARY Witness (Signature) COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA Name: (Print) BY: JAMES N. COLETTA, CHALRMAN STATE OF COUNTY OF The foregoing Agreement was acknowledged before me this __day of__, 2001, by (name) as (title) of the Collier County Community Redeveloprnent Agency on behalf of the Agency, who is personally known to me or ,,','ho has produced as identification. (Affix notarial seal) (Signature of Notary Public) (Print name of Notary Public) NOTARY PUBLIC Serial/Commission #: if any. My Commission Expires: STATE OF COUNTY OF The foregoing Agreement ,,vas acknowledged before me this (name) as (title) personally known to me or who has produced __day of of the Clerk oftl as identification. .., 2001, by MAR 1 2 2002 Pg. (Affix notarial seal) (Signature of Notary Public) (Print name of Notary Public) NOTARY PUBLIC Serial/Commission #: if any. My Commission Expires: STATE OF COUNTY OF The foregoing Agreement was acknowledged before me this __da3' of~, 2001, by (name) as (title) of the Collier County Board of Count)' Commissioners on behalf of the Agency, who is personally krlown to me or who has produced as identification. (Affix notarial seal) (Signature of Notary Public) (Print name of Notary Public) NOTARY PUBLIC Serial/Commission #: if any My Comrnission Expires: EXECUTIVE SUMMARY APPROVAL OF A REQUEST TO THE DEPARTMENT OF COMMUNITY AFFAIRS (DCA) TO EXTEND THE COUNTY'S CONTRACT FOR A COMMUNITY DEVELOPMENT BLOCK GRANT UNDER THE ECONOMIC DEVELOPMENT CATEGORY TO ASSIST WITH THE CONSTRUCTION OF A MANUFACTURING INCUBATOR FACILITY AT THE IMMOKALEE REGIONAL AIRPORT INDUSTRIAL PARK AND FOREIGN TRADE ZONE. OBJECTIVE: To have the Board of County Commissioners approve a request to the Department of Community Affairs (DCA) to extend the County's contract for a Community Development Block Grant (CDBG) under the Economic Development category to assist with the construction of a manufacturing incubator facility at the Immokalee Regional Airport Industrial Park and Foreign Trade Zone. CONSIDERATIONS: On October 1, 1999, the Board of County Commissioners received an executed CDBG Award Agreement with the Department of Community Affairs (DCA). On November, 20, 2000 the County's requested a six-month extension which resulted in a new termination date of March 27, 2002. The Certificate of Occupancy (CO) is expected to be obtained too close to the termination date of the award agreement to allow adequate time to order equipment and make other necessary arrangements to ensure jobs for beneficiaries which must be in place before the termination date of the agreement. A second six-month extension requires the prior approval of the Department of Community Affairs. FISCAL IMPACT: The total amount funded ($750,000) is not expected to be impacted by the request to extend the termination date of the original contract. GROWTH MANAGEMENT IMPACT: This project is consistent with the policies and objectives of the Growth Management Plan and the lmmokalee Master Plan. RECOMMENDATION: The Board of County Commissioners approve a request to the Department of Community Affairs (DCA) to extend the County's agreement for a Community Development Block Grant (CDBG) under the Economic Development category to assist with the construction of a manufacturing incubator facility at the Immokalee Regional Airport Industrial Park and Foreign Trade Zone. SUBMITTED BY: ,_~~ Date:?_~~~'" , Susan E. Alden, ~Ma..nager 1 ~ Urbafl~pr°vement ~/~7/~ REVIEWED BY: 1~"~.~, k~~ Date: , 0 6~ nH. Dento~B~er, Interim Director //;~ph ~mi~ Ad~ni~tor CommuniW Development & Environmental Se~ices APPROVED BY: 1 2 3 4 6 7 8 9 10 11 12 13 RESOLUTION NO. 2002- A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TO REQUEST THE DEPARTMENT OF COIviMUNITY AFFAIRS (DCA) EXTEND TERMINATION DATE OF THE COUNTY'S CONTRACT FOR A COMMUNITY DEVELOPMENT BLOCK GRANT UNDER THE ECONOMIC DEVELOPMENT CATEGORY TO ASSIST WITH THE CONSTRUCTION OF A MANUFACTURING INCUBATOR FACILITY AT THE IMMOKALEE REGIONAL AIRPORT INDUSTRIAL PARK AND FOREIGN TRADE ZONE. WHEREAS, the Florida Department of Community Affairs awards 14 15 16 17 18 ~ 19 grants through the Small Cities Community Development Block Grant Program of up to $750,000 to qualifying cities and counties for projects that benefit iow-and moderate-income persons, aid in the prevention or elimination of slums or blight, or meet other community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health or 20 welfare of the community and where other financial resources are not 21 available to meet such needs; and 22 WHEREAS, in an area known as the Immokalee Regional Airport 23 Industrial Park and Foreign Trade Zone, the 20,000 SF building known 24 as Immokalee Manufacturing Facility - Phase II is in the final stages 25 of construction of a building which will assist Low to Moderate (LMI) 26 Income residents by helping to create new jobs for LMI households; 27 and 28 WHEREAS, the Certificate of Occupancy (CO) will be obtained 29 too close to the original termination date of the contract (March 27, 30 2002) to allow adequate time to order equipment and make other NAR I 2 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 necessary arrangements to ensure jobs for beneficiaries which must be in place before the termination date of the contract; and WHERAS, the extension of the termination date of the contract does not change the original contract amount, the leveraged funds committed in the application, a modification to the Environmental Review Records, or the proposed number of jobs to be filled when the project is completed. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY CONRMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT: 1. The Collier County Board of County Commissioners hereby directs the Collier County Department of Housing and Urban Improvement to prepare, or cause to be prepared, all documents necessary to amend the contract to extend the termination date by six months (to September 27, 2002) to the Florida Department of Community Affairs for an Economic Development grant of $750,000. 2. The Board of County Commissioners has previously authorized (Res. 99-255, 6/8/99) the County Administrator or the Division Administrator of Community Development and Environmental Services to act in behalf of the Board of County Commissioners to sign all documents necessary for grant administration. This Resolution adopted this day of March, 2002 after motion, second and majority vote favoring same. A C~r. NI) A ITF~_.._...__ HAR ] 2 2002 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ATTEST: DWIGHT E. BROCK, CLERK Deputy Clerk Approved as to form and Legal sufficiency: Patrick G. White Assistant County Attorney BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA BY: JAMES N. COLETTA, Chairperson MAR 1 2 2002 EXECUTIVE SUMMARY THAT THE BOARD APPROVE THE VEHICLE LEASE AGREEMENT BETWEEN THE COLLIER COUNTY BOARD OF COUNTY COMMISlONERS AND INTELITRAN AND AUTHORIZE THE CHAIRMAN TO ENTER INTO THE AGREEMENT OBJECTIVE: To approve the Vehicle Lease Agreement between the Collier County Board of County Commissioners serving as the Community Transportation Coordinator and Intelitran, the Managemenmt Entity for the Community Transportation Coordinator and authorize the chairman to enter into the agreement. CONSIDERATION: The Board, as the Community Transportation Coordinator (CTC), is eligible for funding to purchase vehicle~ for utilization in the Transportation Disadvantaged Program. Intelitran serves as the Management Entity for the CTC and is not eligible for funding through FDOT and FFA therefore these funds flow through the county. As a recipient of FDOT and FTA funds, the BCC is required to have a vehicle lease with intelitran for the vehicles purchased with these funds. ~---v,FISCAL IMPACT: The County will maintain and fuel the vehicles. The Lessee will ~e ~ ~ for any maintenance and fuel costs. The funds have been budgeted in the FY 2002 budget process in Planning Fund 126. No addition funds will be needed. GROWTH MANAGEMENT IMPACT: Consistent with Objectives 10 anct 12 of the Growth Management Plan. RECOMMENDATION: That the Board approve the Vehicle Lease Agreement authorize the chairman to enter into the Agreement. /~1 I~ ;owh, P~nsportation Planner Da~ WoJ~e, a~p/f [ ~ ' g ' Approved by: / -~ 7x~' Date: ~}/~/c' . Norm'a :bder,~ranspodation Semices Administrator '/ and MAR 1 2 2002 LEASE AGREEMENT BETWEEN THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AND INTELITRAN THIS AGREEMENT, consisting of this portion and Exhibits "A", "B" and "C", attached hereto and made a part hereof, effective on the date herein specified, by and between the Collier County Board of County Commissioners, hereinafter called the "LESSOR" and Intelitran, hereinafter called "LESSEE". WITI',rESSETH WHEREAS, the Lessee has agreed to lease passenger vehicles described in Exhibit A from the Lessor and Lessor is desirous of leasing said vehicles to Lessee. WHEREAS, the passenger vehicles described in Exhibit "A" are the titled property of the Collier County Board of County Commissioners (BCC), hereinafter called the "Lessor," located at 2685 South Horseshoe Drive, Suite 211, Naples, Florida 34104, and; WHEREAS, the Florida Department of Transportation is the lien holder of six (6) of the eleven (11) passenger vehicles described in Exhibit "A", and; WHEREAS, Lessor has agreed to maintain these vehicles as evidenced by Exhibit "C", and; WHEREAS, the Lessee has a~eed to perform Daily Vehicle Inspection Sheets as shown in Exhibit "B" and provide them to the Lessor daily, and; NOW, THEREFORE, for and in consideration of the premises and covenants contained herein, it is agreed as follows: 1. PRE-EXISTING LEASE As of the effective date of this lease a~eement, any pr/or ageement by and between the lessor and the lessee is herein superseded. 2. LEASE TERM The passenger vehicles, further described in Exhibit "A" attached hereto, are leased to the Lessee effective: , 2002. Proof of h~surance coverage by the Lessee, as AGENDA !TEM . t'4AR 1 2 2002 pg. '2,.-- provided in paragraph 8, herein, must be provided to the Lessor prior to the effective date of this agreement. The lease shall remain in effect until , unless the contract is terminated or extended. LESSEE COSTS The Lessee agrees to pay to the Lessor as rent for the passenger vehicles and equipment herein leased the sum of $1.00. DELIVERY It is agreed by parties hereto that each of the passenger vehicles described in Exhibit "A" will be available to the Lessee at a mutually agreed upon location and will be released to Lessee at that location, at a mutually agreed to time. This schedule should be transmitted in writing. TITLE o It is expressly understood and a~eed to by the parties hereto that the titles to the vehicles listed in Exhibit "A" herein are and shall remain in the name of Collier County and the Lessee a~ees not to loan, sell, sublet, assign, mortgage or otherwise encumber said equipment, or lend or permit them to be subject to any legal process without the Lessor's prior written consent. The Lessee has no authority to place, or permit to be placed, any lien, encumbrance or charge on said passenger vehicles for any repairs, replacements or any other reason without the prior written consent of the County. Lessee agees to keep said vehicles free from all liens, encumbrances and charges of any nature whatsoever, whether voluntary or involuntary. MAhNTENANCE/FUEL The Lessor shall maintain and make all repairs to said passenger vehicles during the continuance of this lease. Lessee xvill be invoiced for said repairs and maintenance as well as any fuel obtained from a County facility. The amount of any invoice remaining unpaid after 30 days shall be deducted from the amount of the Lessee's invoice for sen, ice pursuant to a contract for management services executed on July 1, 1999. RETURN OF VEHICLE At the termination of the lease the Lessee shall return the vehicles to the Lessor in good condition, ordinary wear and tear only accepted, and shall execute any and all papers necessary to effect the transfer of possession of any vehicles back to the Lessor free of all liens and claims. Tires shall be maintained in good condition with a minimum average of no less than 7/32" of tread. 1 2 2002 '.~ 8. INSURANCE o 10. The Lessee hereby agrees to carry the following insurance naming the Lessor as an additional named insured: $1,000,000.00 in liability coverage and $1,000,000.00 in comprehensive coverage for each vehicle. Lessee shall inform the insurance carrier that a policy is required that obligates the insurance company to notify the named added insured, Collier County and the Florida Department of Transportation, prior to any proposed cancellation of coverage of the leased vehicles. The Department of Transportation shall be named as certificate holder, and shall remain named as such on the insurance policy throughout the time period of the lease. Bo The Lessee shall provide a copy of the policies and endorsements, and any notices of proposed cancellation of coverage shall be sent to the Lessor at the following address: 2685 South Horseshoe Drive, Suite 211, Naples, Florida 34104, xvith a copy to the Office of the County Attorney. Notice of cancellation should also be sent to FDOT, P.O. Box 1249, M.S. 1-39, Bartow FL 33831 and/or Public Transit Coordinator, FDOT, P.O. Box 1030, Fort Myers, FL 33902. C. The Lessee shall maintain the required insurance coverage at all times. OPERATING EXPENSES License plates used ,on the leased vehicles shall be issued in the name of the County. If a certificate of title is issued with respect to said vehicles, it shall be delivered to the County or its assignee. A certificate of title will only be delivered to the County after FDOT releases their lien. The Lessee shall bear the cost of all operating expenses incidental to the use of the leased vehicles, and in the operation of the vehicles the Lessee shall comply with all laws, regulations, rules and orders of lawfully constituted authorities. OPERATIONS In the operation of equipment leased by this agreement, Lessee agrees: mo Bo To limit use of leased vehicles to approved transit services as provided to carriers under contract with the Lessee. This information shall be provided to Lessee by lessor. No changes in use of said vehicles and equipment shall be implemented by Lessee unless xvritten authorization is received from Lessor. Not to make any alterations or modifications to the equipment except with the prior written consent of the Lessor and the Florida Department of Transportation. To precisely follow the Lessor's guidelines for affixing or painting any designs or G::.. ,DA I~ EM --3-- NO.___ \t.% [ MAR 1 2 2OO2 Do marking signs on the leased vehicles. Neither commercial nor political campaign advertising shall appear on leased equipment. Public service posters or announcements may be placed in pre-existing advertising racks, if any. Not to use the equipment in violation of Federal, State or Municipal Statute, laxv, regulation, administrative ruling, order or ordinance. To hold Lessor harmless from all fines, forfeitures or penalties for traffic violations or other violations incurring in connection with the operation of the vehicles or equipment by Lessee. To cause each vehicle to be operated only by a fully qualified, competent, properly licensed driver. Lessee shall require each driver to have a good driving record and to operate with all due care and diligence to prevent injuries, loss or damage of any nature. Go To protect the equipment from theft and other hazards while under Lessee's control. To be responsible for damages or loss to equipment in the event of disaster, fire, theft, flood, riot, strikes, conversion, collision or other particular total destruction except to the extent Lessor may be reimbursed by pa3a~nent of insurance proceeds. To verbally r:olify the Lessor in-unediately of any theft, fire, improper performance, damage, accidents or collision, injury or death of a persons in which the equipment has been involved and, refrain from operation of such equipment so involved until permission is obtained from the Lessor; to supply a copy of any report required to be filed with any administrative body or government unit, to supply a written report within seven (7) days of any theft, fire, accident or collision, injury or death of a person or persons involving any equipment. In the event of failure to so notify Lessor, Lessee will be responsible for any loss to Lessor as a result of such failure; to cooperate fully with the Lessor in any reasonable way to prevent loss; to aid in every reasonable xwiy in the defense of suits or other proceedings which may be brought as a result of the operation of said equipment; to notify the Lessor promptly of any papers, notices or documents served upon the lessee, its agents, ser~'ants or employees, arising out of the said equipment. In addition, the Lessor and the Department of Transportation shall be notified by telephone or in person, regarding each incident or accident involving an injury or fatality of any person or persons as a result of the use of any leased vehicle no later than the end of regular working hours on the next regular ~vorking day following such occurrence. Notification and reporting shall consist ofa xvritten report containing the folloxving: 11. 2. 3. 4. 5. 6. Name and address of drivers involved; Date and Location of accident; Number of Injuries; Number of fatalities; Brief description of accident; Written copy of police report and any subsequent investigations (within 30 days). Ko In accordance with Chapter 14-90 F.A.C, additional notification to the Lessor and the Department of Transportation, in writing, is required ifa person dies within 30 days after an accident. Notification shall be submitted within 24 hours after death. Lessee shall not initiate any actions for recovery of damages to equipment without the written consent of Lessor. Lessee shall take no steps, xvhich xvould affect the Lessor's claim for damages including the filing of any reports or statements, xvithout written consent of Lessor. REQUIRED REPORTS In addition to special repons, as necessary, previously cited in paragraph 10 above, certain regular operating reports are required by the Lessor, of the Lessee. 1. Preventive Maintenance / Inspection Forms and Reports Records of inspection, including vehicle mileage shall be recorded on work order forms by the Lessor. The work orders identify failures, if any, were detected, whether by regular inspection, driver report, vehicle breakdown, or other. The work order forms shall be accumulated and submitted monthly, with inspection checklists (as applicable), to the Florida Department of Transportation. bo Individual vehicle Record Files shall be kept current by the Lessor. Records shall be available for The Florida Department of Transportation's review during periodic compliance inspections. Co Reports shall be performed by the Lessor for each leased vehicle xvith completed work orders and preventive maintenance checklists, as applicable, attached thereto. Reports shall be maintained monthly, within 15 days following the month covered by the report and all reports, including attachments, shall be legible. 2. Daily Vehicle Inspection Daily vehicle inspections are crucial to the success of a Preventative AGENDA iTEM --s-- NAR 1 2 2002 Pg. {.,, 12. 13. bo Maintenance Program. Investing a short time on a daily basis to inspect each vehicle will help detect problems early thereby improving safety and decreasing vehicle repair costs. Each driver will inspect his or her vehicle before departure by completing the Daily Vehicle Inspection Checklist. The completed checklist is submitted to the transportation manager at the end of the driver's shift so that necessary maintenance can be noted and scheduled accordingly. The transportation manager must fax the Daily Vehicle Inspection sheets to Fleet Management daily. Report forms are attached as Exhibit B. AUDITS AND INSPECTIONS Lessee agrees to permit the Lessor or the Lessor's designated representative and The Florida Department of Transportation, to audit all books, records and files relative to the operation and maintenance of the leased vehicles, equipment and parts (as applicable); to assist in providing said documents and information and to permit inspection of vehicles, equipment m~d parts. NOTICES All notices should be sent to the following person or their designee: Collier County Dawn Wolfe ' Transportation Planning Director 2685 South Horseshoe Drive Suite 211 Naples, F1 34104 Phone:(941) 403-2310 Fax: (941) 213-5815 Florida Department of Transportation Richard P. Shine Transit Project Coordinator P.O. Box 1030 Fort Myers, F1 33902 Phone: (941) 461-4300 Fax: (941) 338-2353 AGENDA ITEM MAR I 2 2OO2 Pg. ~ 14. 15. Lessee COMSIS Mobility Services, Inc. d/b/a intelitran/ATC Paratransit Jim Van Pelt General Manager 3584 Exchange Ave Naples, FI. 34104 Phone: (941) 649-4439 Fax: (941) 649-0464 STANDARD ASSURANCE The Lessee assures that it will comply with all applicable Federal statutes, regulation, executive orders, FTA circulars, and other Federal administrative requirements in camfing out any project supported by the FTA grm~t or cooperative agreement. The Lessee agrees that it is under a continuing obligation to comply with the terms and conditions of the grant agreement or cooperative agreement issued for its project with FTA. The Lessee recognizes that Federal laxvs, regulations, policies, and administrative practices might be modified from time to time and they may affect the implementation of the project. The Lessee agrees that the most recent Federal requirements will apply to the project, unless FTA issues a written determination otherxvise. Copies of these regulations are available upon request from the Collier County Transportation Division. DRUG-FREE WORKPLACE AGREEMENT Lessee shall publish a statement notifying its employees that the unlaxvful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in its workplace and specifying the actions that will be taken against its employees for violation of that prohibition; Lessee shall establish an ongoing drug-free awareness program to inform its employees about: a. The dangers of drug abuse in the workplace; b. Its policy of maintaining a drug-fee workplace; c. Any available drug counseling, rehabilitation, and employee assistance programs; d. The penalties that may be imposed upon its employees for drug abuse violations occurring in the workplace; Lessee shall make it a requirement that each of its employees engaged in the performance of this agreement will be given a copy of the statement required by paragraph (1) of this certification; Lessee shall notify each of its employees in the statement required by paragraph (1) that, as a condition of employment for matters financed by this agreement, the employee will be required to: "'"'"""]AGENDA ITEM MAR 1 2 2002 16. o o a. Abide by the terms of the statement; and b. Notify the Lessor in writing of any conviction by an employee for a violation of a criminal drug statute occurring in the xvorkplace no later than five (5) calendar days after that conviction; Lessee shall take one of the following actions and notify Lessor of any said action taken within thirty (30) calendar days of receiving notice of a drug conviction by an employee: a. Take appropriate personnel action against that employee, up to and including tennination, consistent xvith the requirements of the Rehabilitation Act of 1973, as amended; or b. Require that employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, state, or local health, law enforcement, or other appropriate agency; and Make a good faith effort to continue to maintain a drug-fee xvorkplace through implementation of paragraphs (1), (2), (3), (4), (5), and (6) of this agreement. The Lessee agrees to maintain a list identifying its headquarters' location and each workplace it maintains in which project activities supported by Lessor are conducted, and make that list readily accessible to Lessor. NONDIS CRI2MhNATION ASSURANCE As required by 49 U.S.C. 5332 (which prohibits discrimination on the basis of race, color, creed, national origin, sex, or age, and prohibits discrimination in employment or business opportunity), Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000d, and U.S. DOT regulations, "Nondiscrimination in Federally-Assisted Programs of the Department of Transportation--Effectuation of Title VI of the Civil Rights Act," 49 CFR part 21 at 21.7, the Lessee assures that it will comply with all requirements of 49 CFR part 21;FTA Circular 4702.1, "Title VI Program Guidelines for Federal Transit Administration Recipients", and other applicable directives, so that no person in the United States, on the basis of race, color, national origin, creed, sex, or age xvill be excluded from participation in, be denied the benefits of, or otherxvise be subjected to discrimination in any program or activity (particularly in the level and quality of transportation services and transportation-related benefits) for which the Lessee receives Federal assistance axvarded by the U.S. DOT or FTA as follows: The Lessee assures that each project will be conducted, property acquisitions will be undertaken, and project facilities xvill be operated in accordance with all applicable requirements of 49 U.S.C. 5332 and 49 CFR part 21, and understands that this assurance extends to its entire facility and to facilities operated in connection xvith the project. The Lessee assures that it xvill take appropriate action to ensure that any transferee receiving property financed with Federal assistance derived from FTA will comply with the applicable requirements of 49 U.S.C. 5332 and 49 CFR part 21. The Lessee assures that it will promptly take the necessary actions to effectuate AGENDA ITEM ! MAR 12 2002 17. 18. 19. 20. this assurance, including notifying the public that complaints of discrimination in the provision of transportation-related services or benefits may be filed xvith U.S. DOT or FTA. Upon request by U.S. DOT or FTA, the Lessee assures that it will submit the required information pertaining to its compliance with these requirements. The Lessee assures that it will make any changes in its implementing procedures as U.S. DOT or FTA may request. The Lessee will include in each third party contract or sub agreement provisions to non-discrimination requirements. ASSURANCE OF NONDISCRIMINATION ON THE BASIS OF DISABILITY As required by U.S. DOT regulations, "Nondiscrimination on the basis of Handicap in Programs and Activities Receiving or Benefiting from Federal Financial Assistance," at 49 CFR 27.9, the Lessee assures that, as a condition of this agreement, no otherwise qualified person with a disability shall be, solely by reason of that disability, excluded from participation in., denied the benefits of, or other~vise subjected to discrimination. PROCUREMENT COMPLIANCE Lessee will comply xvith applicable Federal and State statutes relating to nondiscrimination. Copies of any such requirements shall be furnished to Lessee upon request. The Lessee certifies that its demand responsive service offered to persons with disabilities, including persons who use wheelchairs, is equivalent to the level and quality of service offered to persons without disabilities. When viewed in its entirety, the Lessee's sen'ice for persons with disabilities is provided in the most inte~ated setting feasible and is equivalent with respect to: (1) response time, (2) fares, (3) geographic service area, (4) hours and days of sen'ice, (5) restrictions on trip purpose, (6) availability of information and reservation capability, and (7) constraints on capacity or service availability. D,rDE~MNIFICATION The Lessee hereby agrees to indemnify, defend, save and hold harmless the Lessor and its agents and employees from and against all claims, demands, liabilities actions or suits for injury, sickness, disease or death to Lessee employees or other persons, or damage to property, including loss of use thereof, including attorney's fees, arising out of or resulting from the performance of the Lessee's obligations under this contract. The Lessee agrees to defend, on behalf of the Lessor, any suits brought jointly against the Lessee and the Lessor for attorney's fees, settlements, costs, judgments, satisfactions, or other expenses incurred by the Lessor in any manner connected with any suits or claims. For ten dolNrs ($10.00) and other specific valuable consideration, the receipt and sufficiency of which is hereby 9 AGENDA ITEM No.~ MAR 1 2 2002 21. 22. 23. acknowledged, the Lessee agrees that its obligation to indemnify the Lessor extends to and includes liability for the sole, contributory, or concurrent negligence of the Lessor, its employees or agents. This responsibility shall include, but shall not be limited to, liability for damages resulting fi.om injury or damage to any employee of the Lessee or Lessor, regardless of whether the Lessee or Lessor have paid the employee under the provisions of any wot ~kmen's compensation laws or similar legislation. It is specifically understood and agreed that this indemnification agreement does not cover or indemnify the Lessor for its sole negligence. GOVERNING LAW This Lessee is executed in the State of Florida and shall be construed in accordance with the laws of the State of Florida. ASSIGNMENT BY LESSEE Lessee may assi=m~, transfer or sublet any of its rights under this lease or in the vehicle covered hereby only with the prior written consent of the Lessor. Such assignment, transfer or sub-letting shall not relieve the Lessee of any of its obligations hereunder. TERMINATION Definition: For pzlrposes of the agreement "termination "shall mean to end the agreement before its Dltended time dl~e to breach of contract provisions o1' mutt~al agreement. BREACH. The Lessor may, by written notice to the Lessee, terminate this Agreement for any of the following reasons, to be effective upon receipt of said notice: 1. The Lessee takes any action pertaining to this Agreement without approval of the Lessor, which under the procedures of the Agreement would have required the approval of the Lessor. 2. The Lessee defaults under an3' provisions of this agreement. The Lessee use of the vehicles, equipment or parts in a manner not provided for under the provisions of this Agreement. The Lessee fails to provide insurance coverage limits as outlined in section 9 of this agreement at all times up and until such vehicle(s) are physically returned to the Lessor. CANCELLATION. Either party (Lessor or Lessee) may, by mutual a~eement, cancel or terminate this agreement by no less than thirty- (30) days written notice to the other party. --~.o-- No._ \/~% 1 _ MAR 1 2 2OO2 24. 25. 26. 27. 1. Return of unit(s) shall be governed by "paragraph c", below. Co ACTION UPON EXPIRATION OR CANCELLATION. In the event of expiration or cancellation of this Agreement, Lessee agrees to proceed as follows: Deliver all leased vehicles, equipment and parts (if applicable) within 10 days after termination date to a mutually agreed upon location on a workday between the hours of 8:00 a.m. and 5:00 p.m.; o To be responsible for the cost of repairing, replacing or restoring any of said vehicles, equipment and parts, delivered in substandard condition. EXTENSION OF LEASE The Lessor is authorized to extend this lease agreement for a period not to exceed one year. This extension may be for all the equipment described in Exhibit "A", or for indMdual pieces of equipment, as applicable. A supplemental Exhibit "A", with a revised payment schedule shall be issued as a part of the extension notice, at the originally contracted lease rate. The terms of this agreement shall continue in full force and effect during any extension of this a~eement. B ENrDLNG ARBITRATION Each and every dispute or disagreement arising as a result of the relationship between Lessor and Lessee, whether arising from this Agreement or either party's actions or omissions related this Agreement, shall be resoh, ed by binding arbitration in accordance with the rules promulgated by the Lessor or the Florida Arbitration Code. INT)EPENDENT CONTRACTOR STATUS AND RULE OF CONSTRUCTION The parties to this A~eement are independent contractors, each responsible for its own behavior, and neither responsible for the behavior of the other. This Agreement shall be governed by the following Rule of Construction: Where terms are silent or ambiguous regarding the relationship between the parties to this Agreement, such terms shall be construed in a xvay which is consistent with the parties' intended independent contractor status. COMPLETENESS OF AGREEMENT This lease sets forth all the agreements, terms conditions and understandings, between Lessor and Lessee and there are no agreements, customs, usage's, terms, conditions or understandings either oral or written, expressed or implied, betxveen the Lessor and the Lessee, as Lessor and Lessee, other than are herein set forth. AGENDA iTEM MAR 1 2 2002 pg. ~'"~ EN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year first above written. AS TO THE LESSOR: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORDA BY: DATED: Deputy Clerk BY: DATED: James N. Coletta, Chairman COSMIS MOBILITY SERVICES, Inc., d/b/a, Intelitran/ATC, Paratransit WITNESS (signature) BY: Joel Hargis, Regional Vice President print name WITNTS S (signature) (CORPORATE SEAL) print name Approved as to form and legal sufficiency: Jacqueline Hubbard Robinson Assistant County Attorney MAR 1 2 2002 I Pg. __/.~ .A 0 : LU O O o O O CD o (,.> o3 o3 c~ O3 c~ c~ ,,,t: · CD c:) CD CD CD ~ (.> o (.1 o o I",.. ~ CD C:3 CD ~ ~ 0: ,~ o i V, AR I 2 2002 AGENDA ITEM MAR I 2 2002 Pg' J'~q' Exhibit "B" MINIMUM DAILY VEHICLE PRE-TRIP INSPECTION REPORT =-~ AGEt~DAiTEM No----.--~L.~, L HAR I 2 2002 MINrI~41JM DAILY VEHICLE PRE-TRIP INSPECTION REPORT Rule Chapter 14-90 FAC Carrier/Sen, ice Provider: Date: Vehicle#: Mileage:. Inspected by: OK Needs See Repair Comment Sen'ice Brakes [] [] [] Par'king Brakes [] [] [] Tires and Wheels [] [] [] Steering [] [] [] Horn [] [] [] Instrument Lights [] [] [] Interior Lights [] [] [] Exterior Lights [] [] [] Windshield Wipers [] [] [] Rear Vision Mirrors [] [] [] Passenger Doors [] [] [] Exhaust System [] [] [] Equipment for Transporting Wheelchairs [] [] [] Safety and Emergency Equipment [] [] [] Additional Comments: Comments Inspector's Signature: So._.__t L_g - MAR 1 2 2002 This manual was developed by the Florida Department of Transportation Public Transit Office Page 12 of 24 VEHICLE DAMAGE PLACE AN X AT DAMAGE LOCATIONS This manual was developed by the Florida Department of Transportation Public Transit Office Page 13 o1'24 Exhibit ~C" PREVENTIVE MAINTENANCE PLAN PREVENTIVE MAINTENANCE PLAN FOR SMALL BUSES, VANS AND SEDANS This manual was developed by the Florida Department of Transportation Public Transportation. No._ \ MAR 1 2 2002 pg. INTRODUCTION Preventive maintenance: a term used to describe the performance of regularly scheduled maintenance activities on a vehicle in order to prevent the possibility of malfunctions, to extend vehicle life and to reduce maintenance and operating costs. If the majority of your vehicle repairs are made after the vehicle experiences a mechanical failure, you do not have a functioning preventive maintenance program. A xvell-established comprehensive preventive maintenance program is as important to a successful transportation system as the actual purchase of the vehicles. The Preventive Maintenance Plan proposed herein consists off · making preventive maintenance arrangements; · adhering to a preventive maintenance schedule; · establishing a vehicle inspection checklist; · conducting daily velticle inspections; · completing corresponding inspection checklists, and; · keeping a comprehensive maintenance record on file for each vehicle. PREVENTIVE MAINTENANCE ARRANGEMENTS It is preferred to make maintenance arrangements in the initial planning stages of any transportation program. If you already have a program in place it is wise to revie~v it in order to insure it meets your current needs. Maintenance can be arranged in a variety of ways to fit yom' system needs: 1. Contract maintenance out to commercial mechanics. 2. Arrange for other agencies such as city or county, or school bus garages to maintain vehicles. Set up an in-house maintenance program. The major advantages to an in-house program: · vehicles will be routinely checked for problems · mechanics will be familiar ~vith the vehicles AGENDA ITEM No..,, ~(.~ ! " MAR 1 2 2002 This manual was developed by thc Florida Department of Transportation Public Transit Office Page I of 24 · and most importantly the mechanics will be your employees. A combination program: in-house routine maintenance combined with contracted out. other work Examples: Potential in house work: routine and scheduled maintenance, i.e.; oil and oil filter changes, air filter changes and PCV valve changes. Jobs to contract out: those requiring special expertise, tools or machinery. Note: If you choose to have your own mechanics and alloxv them to perform the preventive maintenance inspections they should meet the following requirements: · have knoxvledge of and have mastered the methods, procedures, tools and equipment used when performing inspections have at least one year of training and/or experience as a mechanic or inspector in a vehicle maintenance progam and have sufficient general 'knowledge of the vehicles owned and operated by 3'our company in order to recognize deficiencies or mechanical defects. In addition to the above, you may have your inspections satisfy your annual safety certification as required by Florida Department of Transportation Safety Regulations. Your mechanics must be knowledgeable of the requirements set forth in Rules 14-90.007, 14-90.008 and 14-90.009, Flor/da Administrative Code. Importa~t: For an effective in-house preventive maintenance program, the following minimal facilities are necessary: · a garage or building for vehicles to be brought under cover to be serviced · proper drainage for washing vehicles in your garage · a recycling method for motor oil and other wastes · equipment for lifting or jacking vehicles · a complete set of hand tools - wrenches, sockets, pliers etc. "---AGENDA ITEM No. \~ ~ ,. MAR 1 2 2002 pg. ')~)~ This manual was developed by the Florida Department of Transportation Public Transit Office Page 2 of 24 PREVENTIVE MAINTENANCE INSPECTION After you have made the arrangements for your maintenance program by considering your system's facilities and personnel stren~hs and limitations, work with your drivers and mechanics or repair shop to develop a basic maintenance schedule. Mechanics or repair shops must be made axvare of and become familiar with the minimum maintenance requirements for each vehicle along with all State and Federal requirements. With each vehicle, maintenance must be performed either at a specific mileage increment or within a specified period of time. If routine and proper preventive maintenance is not performed, the vehicle's reliability will suffer, its wor 'klife will be shortened and its warranty provisions may be violated. A sample preventive maintenance program has been provided herein to act as a guide in setting up your program. The attached program sets forth specific requirements and preferred mileage schedules. Tiffs program will meet the needs of most companies however, as a general rule, you should compare this vehicle preventive maintenance schedule xvith the schedule provided in the owners manual for your vehicles. Alxvays go with the most stringent requirements. This manual xvas developed by the Florida Department of Transportation Public Transit Office Page 3 of 24 PREVENTIVE MAINTENANCE INSPECTION MILES / INTERVALS SMALL BUS, VAN AND WAGON Mileage Type Inspection 6,000 A 12,000 B 18,000 A 24,000 C 30,000 A 36,000 B 42,000 A 48,000 C 54,000 A 60,000 B 66,000 A 72,000 C 78,000 A 84,000 B 90,000 A 96,000 C This manual was developed by the Florida Department of Transportation Public Transit Office ,AR 2 2002 Page 4 of 24 PREVENTIVE MAINTENANCE INSPECTIONS The preventive maintenance inspection is a program of routine checks and procedures performed on a scheduled and recurring basis to avoid breakdowns and prolong equipment life. The "A" Inspection is performed every 6,000 miles. It is designed for the inspection, service and replacement of certain items at predetermined times and to make minor adjustments as necessary. The "B" Inspection is performed every 12,000 miles. This inspection repeats the "A" inspection items and includes certain additional items which should be inspected and serviced as indicated. The "C" Inspection is a teclmical and performance inspection and is accomplished each 24,000 miles. The "A" and "B" inspection items are repeated and additional scheduled items are required to be accomplished which were not part of the other inspection intervals. A. 6,000 MILE SERVICE AND MAINTENANCE CHECK o INTERIOR INSPECTION All Seats / Seat Belts Seat covering for the driver and passenger seats should be inspected for rips, tears, gouges, exposed springs and security of floor mounting. Seat belts should be inspected for proper retraction mechanisms. Arm rests should be inspected for proper securement to seats. Any folding seats should be checked for proper operation of adjustment controls. Driver seat should be checked for proper fore and aft movement and tracks should be lubricated as necessary. Doors / Hin~oes / Latches Lubricate door hinges and latches, check operation of windows, doors, and the condition of the glass. Check condition of exit signs. Check emergency exit to insure it functions and that it is properly identified. Floorin.~ / Headliner / Side Panels Inspect floor coveting for tears, rips or gouges. Inspect headliner for damage, sag or dirt. Inspect the condition of side panels. On vehicles designed to allow standees check the condition of the standee line and sign. The line must be of contrasting color at least two inches wide and the sign, prohibiting anyone fi:om occupying a space forward of the line, must be posted at or near the front of the vehicle. Inspect condition of the grab rails for the standee passengers ........... AGENDA ITE~'' .Mirrors No.__~ NAR 1 2 20O2 This manual was developed by the Florida Department of Transportation Public Transit Office Page 5 0f24 Pg- ___ Check inside rear view mirror(s) for proper securement, adjustment and the condition of the glass. Also check the right and left exterior mirrors for adequate field of vision. Interior Lights Inspect the interior lights and the stepwell lights, if applicable, for operation by operating door opening switches, dome light switch, rheostat and the turn signal as xvell as the high-lmv beam indicator switch. 6. Exterior Liehts / Horn Outside assistance may be required xvhen making this check. Check parking, loxv and high beam headlights, turn signal operation front and rear, and hazard flashers. Turn on all outside clearance lights mad check operation. At this time also check license plate lights, back-up lights and brake lights. All lighting must comply with the minimum requirements set forth in Florida Statutes 316.220, 316.221,316.224, 316.225, 316.226, 316.234 and 316.235. Check horn. The horn must be capable of emitting a sound audible under normal conditions fi.om a distance of not less than 200 feet. 7. Warnine System Activate ignition switch and check "trouble" lights for proper operation. If the vehicle is equipped with gauges, check proper readings after the engine has been started. Check all switches for proper and complete ~knobs, levers, etc. 8. Starter System / Automatic Choke/Back-up Alarm When starting engine cold, determine proper activation of automatic choke. Listen for starter drag or grind and for any belt squeal or other unusual noises during initial start. As engine warms, monitor all gauges. While depressing the brakes, shift the vehicle into reverse and check the audible back-up alarm. 9. Windshield / Windshield Wipers / Washers / Blades Inspect windshield for cracks, scratches and any visible damage. Operate windshield xvipers through all ranges on wet glass. Inspect condition of windshield x~Sper blades and arms. Replace if needed. Check washer fluid level. """- AGEND~iTEM No. \ NAR 1 2 2002 10. Windoxvs r,g. Inspect side and rear windows for cracks, scratches and proper oper~T"b~'~'~'e~~ mechanisms. This manual was developed by the Florida Department of Transportation Public Transit Office Page 6 of 24 11. Comfort System Operate and check heater and air conditioning controls through all selector ranges and check varying fan speeds for proper operation. Check rear unit output, as applicable. EXTERIOR INSPECTION 12. Exterior Body and Components Inspect exterior of vehicle for signs of body damage, missing trim, decals, paint condition and any signs of developing mst. Inspect the outside of all windows for cracks, blemishes or other damage. Inspect bumpers for secure attachment or signs of damage. Inspect mirrors and mirror brackets for secure mounting, rusting or broken glass. 13. Tires and Wheels Inspect all tires for signs of uneven wear due to imbalance or improper front end ali~munent, check for exposed cord or steel belts, inspect valve cores, check for scrubbing or sidewall damage. Determhxe tread depth. Tread goup pattern depth shall not be any less than 4/32 (1/8) inch, measured at any point on a major tread groove for tires on the steering axle and no less than 2/32 (1/16) of an inch, measured at any point on a major tread groove for all other tires. Check air pressure in all tires including spare. Check condition of spare tire and mounting. Check tires for cuts, nails or other embedded foreign objects. Check xvheel lugs for proper torque. Check all wheels, including spare, for any dm'nage or improper bead seating of tire, or for any missing balance weights. Check hubcaps for secure mounting. 14. Access Doors Inspect exterior access doors and lubricate hinges or spring latches as necessary. Check fuel cap for proper fit and any signs of damage to fuel sen, icing piping/hose. Check hood latch and lubricate, check retainer bar for proper operation. Secure hood open. SERVICE AND OPERATION INSPECTION 15. Engine Oil and Filter --"~GEN, qA~TE~ 1 2 20D2 Under normal operating conditions, change oil and filter at every 6,000 nfile interval. Check transmission fluid level and condition of fluid. This manual was developed by thc Florida Department of Transportation Public Transit Office Page 7 of 24 t6. Ball Joints / Steerin.,z / Drive Line (Lubricate) Lubricate and inspect all ball joints, steering and drive lines and all other points with zerk fittings. Check power steering for visible signs of fluid leaks. Check the drive line universal joints and yokes for wear. Replace any broken or damaged zerk fittings. 17. Batte _ry Check battery mounting tray condition (rusting or wear) and battery holddowns. Check battery case for cracking or damage. Check post and fasteners for corrosion - clean and cover w/th protectant. Check cables for fraying or signs of deterioration. If applicable, check and service water levels of individual cells or inspect "green" indicator. 18. Coolin.~ System Visually check cooling system for leaks. Check the overflow tank for adequate coolant and inspect the cleanliness of coolant. Inspect the condition of the upper and loxver radiator hoses and check the security of the fasteners. Check butterfly drain for snugness. Inspect water pump and engine intake at the thermostat housing for signs of leaks. Inspect radiator cap for signs of leaks or pressure loss. Before removing the cap, allow the eng/ne to cool down. Relieve any built-up pressure in the system. Remove and inspect the radiator cap. At this time, the radiator core and the interior of the radiator housing may be visually inspected for corrosion or clogging. Also, if circulation problems are suspected, operation of the water pump and circulation of the coolant may be verified with the engine running. 19. Air Cleaner / Filters Remove air filter and inspect. Inspect air intake hoses and clamps. Visually inspect all vacuum hoses and connections. Inspect fuel line for leaks or damaged lines. 20. Belts / Hoses / Wiring Inspect all belts for signs of wear, fray, cracks, glazing and proper tension. Inspect heater hoses and connections. Inspect wiring for signs of chafing, corrosion, Ioss of insulation and crimping. Insure xviring does not come in contact with moving parts or heated surfaces. 21. Under Hood / Exhaust System Check transmission fluid level with the fluid warm and the engine running. Check color of fluid for any signs of overheating. Visually inspect the transmission pan, front and rear seals, speedometer drive and dipstick tube for any signs of leakage. Visually check tl~e~tra~.~rni.q.q~~ oil cooler, lines and connections for signs of a leak. ~ i~G'~r~ This manual was developed by the Florida Department of Transportation Public Transit Office j Page 8 of 24 Inspect exhaust system, from the exhaust manifold to the tailpipe, for proper securement and for any signs of an exhaust leak. B. 12,000 MILE SERVICE AND MAINTENANCE CHECK 22. Brakes Remove wheels and inspect front brake pads and rotors for wear. Check calipers and brake lines for signs of wear or leaks. Inspect rear brake linings and drams for wear, scoring and warping. Check for any dirt or grease accumulation on the brake system. Replace or repair as necessary. 23. Operational Check Check for smoothness of acceleration, centering of steering wheel and the proper tracking of the vehicle, smoottmess of turns, balance of tires and front end alignment. Also check for looseness in steering. 24. Transmission Check operation office st'rift lever and indicator and the smoothness of sh/ft and operation in each gear. Check for proper acceleration through gear ranges in Drive position. C. 24,000 MILE SERVICE Aa. ND MAINTENANCE CHECK 25. Wheel Bearings / Drive Shaft Remove and inspect front wheel bearings, clean and lubricate or replace if necessary. Inspect drive shaft, u-joints and slip joints. Lubricate as necessary. 26. Shocks / Spdn~s Inspect shock absorber cylinders for signs of leakage. Check bushings for signs of wear and the mounting brackets for secure mounting. Inspect coil and/or leaf springs for signs of damage or wear. Inspect tie rod ends, upper and lower ball joints and drag links for signs of wear. Lubricate all points equipped with zerk fittings. 27. Rear Differential Inspect rear axles and axle housing for signs of stress, wear and leaks. Check differential fluid level. (Note: Change differential fluid every other "C" inspection). 28. Entine Tune-up See vehicle sen, ice manual for details. This manual was developed by the Florida Department of Transportation Public Transit Office Page 9 of 24 AGENDA ITEM MAR 9..Change Transmission Fluid and Filter Remove transmission pan and drain fluid. If the transmission torque converter is equipped with a drain plug, drain fluid from it as well. Inspect debris in the bottom of pan for signs of internal transmission damage. Check the color of fluid for signs of overheating. Remove and replace filter screen. Not any abnormalities on the check off sheet. _ ACCESSORIES 301 Fire Extinguisher / First Aid Kit / Safety Triangle~ Inspect the above mentioned safety equipment to insure it is in proper working order, securely mounted and easily accessible. Fire extinguisher must be fully charged, with a dry chemical or carbon dioxide, having at le~t a 1A:BC rating and bearing the label of Under~vriters Laboratory, Inc. 31. Wheelchair Lift / Tiedoxx,-ns Inspect wheelchair tiedowns for secure mounting and anchoring to floor. Safety belts should be clean and properly installed. Check retracting assembly. If four point tiedowns are used, check security of floor fasteners, connectors and b~lts. Operate lift through all ranges and functions. Check padding and labels. Check emergency back- up system if equipped. Check interlock system. Lubricate appropriate lube points. 32. License Plates / Re.~istration / Operators Manual Check condition and currency of license plate and registration and appropriate manuals. Insure accident report forms and other appropriate documents are up to date and available in the vehicle. Check for operating manual for the xvheelchair lift. 33. Air Conditioning Systems Check Each spring, prior to the season for constant air conditioning use, the air conditioning system should be scheduled for a thorough operational check. The system should be checked with the appropriate air conditioning service equipment and gauges. Check the entire system for leaks. Note: The freon level should be checked and service as necessary. If the system is to be se:viced with the opening ora closed system, the complete system should be evacuated, the receiver dryer replaced and the system must be completely rec including refrigerant oil. This manual was developed by the Flor/da Department of Transportation Public Transit Office Page I0 of 24 ]arge~IGENDA ITEM No. !- MAR 1 2 20 2 MINIMUM DAILY VEHICLE PRE-TRIP INSPECTION REPORT Rule Chapter 14-90 FAC Carrier/Service Provider: Date: Vehicle#: Mileage:, Inspected by: OK Service Brakes [] Parking Brakes [] Tires and Wheels [] Steering [] Horn [] Instrument Lights [] Interior Lights [] Exterior Lights [] Windshield Wipers [] Rear Vision Mirrors [] Passenger Doors [] Exhaust System [] Equipment for Transporting Wheelchairs [] Safety and Emergency Equipment [] Needs See Repair Comment [] [] [] [] Additional Comments: Comments Inspector's Signature: This manual was developed by the Florida Department of Transportation Public Transit Office Page 12 of 24 MAR 1 2 2002 VEHICLE DAMAGE PLACE AN X AT DAMAGE LOCATIONS This manual was developed by the Flodda Department of Transportation Public Transit Office Page 13 of 24 DAILY VEHICLE INSPECTION CHECKLIST Inspect each item below. If there is not a problem, place a (/) in the box to the left of the item. If there is a problem, an item needs maintenance or if damage is found, place an (X) in the box to the left of the item. Use the box to the right for comments. Under Hood Comments Oil level Radiator level Battery level Windshield Washer level Engine / Hoses / Belts Interior Comments Gauges / Instruments Windshield Wipers Passenger Doors Horn Steering Brakes Blower Fans Interior Lights Cleanliness Safety Equipment Comments Flares / Triangles First Aid Kit Fire Exting'uisher Back-up Alarm Accessibility Equipment Comments Fully Operable Wheelchair Lift / Ramp Proper Number of Belts / Securement Belts / Securement Devices in Good Exterior Comments Headlights Tail / Brake Lights Turn Signals Clearance Lights Windshield Wipers Body Damage Exhaust System Tires / Wheels Cleanliness This manual was developed by the Florida Department of Transportation Public Transit Office Page 14 of 24 ,AR I 2 2002 NOTES TO DRIVERS ABOUT THE DAILY V_~EHICLE INSPECTION The vehicle inspection checklists provided on pages 14-16 will help you remember all of the important things that must be inspected on a daily basis, and it provides an easy to follow sequence for perforating your inspection in a logical manner. Read through pages xx-xx for general information and to clarify any of the parts of the inspection process. Then do a dry run inspection while completing the checklist. Ask your manager if you have any questions at all about the procedure. Under the Hood Check for problems under the hood at the beginning of your inspection before starting the engine. It is easier and safer when the engine is cool. Check the engine, radiator and battery fluids. If low, make a note of it on your inspection checklist. If any fluids are below the safe level, see the mechanic for assistance. Also, check hoses for cracks or possible leaks and belts for any visible damage. Report any wear on the checklist as soon as it begins to show. Vehicle Interior Since you xxSll need to leave the vehicle compamnent while the vehicle is running, it is a good idea to put chocks behind the wheels before starting the motor. Begin while seated behind the steering wheel. First, put on the parking brake, then turn on the ignition. Check the oil pressure, fuel and alternator gauges. If the oil pressure light stays on or the gauge shows the oil pressure to be dangerously loxv, turn the motor offuntil the problem can be corrected. If the alternator or generator light stays on or the gauge indicates a discharge, the battery may not be charging. To guard against the possibility of becoming stranded along the route by a dead battery, have the problem located and corrected right away. Check the windshield wipers to make sure they are working and not worn or stripped. Check the passenger door for proper operation. Adjust your mirrors so that you can see what you need to see from your normal driving position. When you are adjusting ),our mirrors, keep in mind what you want to be able to see xvithin your safety zone. Test your horn to make sure it works. This manual ,,vas developed by the Florida Department of Transportation Public Transit Office Page 15 of 24 AGENDA ITE, M No._ \~ ~, MAR 1 2 Pg. '~,t4 Turn the steering wheel gently to make sure it is not loose or there is no abnormal play or stiffness in the steering assembly. Push on the brake pedal. If the tension feels spongy or soft, note this on your checklist. Your brakes may need to be adjusted. Check the blower fan to see if it works so you will be able to use the heater, defroster or air conditioner. Check the interior lights. If any lights are not working, note this on your checklist. Note on ),our checklist anything in the interior of the vehicle that needs attention. Safety Equipment Check your emergency equipment to make sure it is in the right location and in working order. Emergency equipment should include: · a properly charged fire extinguisher · xvarning devices such as cones, triangles or flares · a first aid kit Look around your vehicle to make sure it is clean and clear of trash, debris or loose items. Trash or debris left in the vehicle can be tossed about by careless passengers and can cause slips, falls and fires. A clean vehicle presents a professional image. Check any special accessibility equipment if your vehicle is so equipped. Examine any tie-downs for sig-ns of damage or excessive wear. Make sure they can be properly secured to the floor. Check all lifts and ramps by operating them through one complete cycle. Make sure they are functioning properly. (You may have to move the vehicle to ensure proper clearance while performing this part of the inspection. This is also a good time to check the interlock system.) Make sure all doors and emergency exits are functional and unobstructed. I" AGENDA ITEM MAR 1 2 2002 Vehicle Exterior [ pg. '~'" Turn on all exterior lights. With the vehicle in park and the emergency brakes still on, begin the exterior check from the front of the vehicle. This manual was developed by thc Florida Department of Transportation Public Transit Office Page 16 el24 During the exterior inspection, be sure to note and report any fresh damage to the vehicle. Reporting such damage now may save you a lengthy and difficult explanation or report later. Space is provided for you on the Daily Vehicle Inspection Checklist to note and describe any exterior damage. Check the headlights, signal lights, emergency flashers and clearance lights to make sure they are working. Check the left front tire for any signs of road damage, underinflation or missing or loose lug nuts. Check the condition of the side marker light. Check the air pressure with an air pressure gauge. Take care to maintain your tires at the recommended pressure. A soft tire is very susceptible to severe road damage. An overinflated tire causes a bumpier and less comfortable ride, especially for the elderly or disabled. Move to the back of the vehicle and inspect the left rear tire for obvious damage. Check the air pressure with an air pressure gauge. While at the back of the vehicle, check the tail lights, brake lights, turn signals, emergency flashers and any other clearance lights, reflectors or signs. Make sure they are free from mud or dirt buildup. Carry a rag with you to clean any dirty lights which may be hard to see even after dark. Check the right rear tire. If there are any other lights or outside signs for your boarding doors or lift, make sure they are in place and clean. Next, look under the vehicle. Make sure there are no foreign or unfamiliar objects han~ng down or xvedged underneath. Listen and check for any signs of an exhaust leak. Also, visually check for puddles of fluid under the vehicle. If the vehicle is leaking fluid, report it to your supervisor. Move to the front of the vehicle and examine the right front tire in the same manner as the left tire and check the condition of the side marker light. Noxv that the engine has reached operating temperature, check the transmission fluid level. Vehicle should be on a level surface in park. Final Preparations MAR 1 2 2002 Now, turn off all the lights and the engine and remove the ~vheel chocks, pg. .3 ~ If your vehicle is safe and in good condition, you are finished with your daily inspection. This manual was developed by the Florida Department of Transporlation Public Transit Office Page 17 of 24 If you are not sure or not satisfied with the condition of the vehicle, check xvith a supervisor before driving the vehicle. Remember that any problems you experience with the vehicle during your shift should be reported so that repairs or adjustments can be made as quickly as possible. At the end of your shift, turn in the Daily Vehicle Inspection Checklist to the maintenance manager or your supervisor. GENERAL NOTES ABOUT THE DAILY VEHICLE INSPECTION CHECKLIST An hnportant part cf preventive maintenance is the establishment of strong communicatimt ties bem, een drivers, mechanics/repair garages and management. An easy way to ensure and docume~t this communication li~k is by way of the driver5 Daily Vehicle hzs~ection Checklist. Drivers should be given blank copies of the checldist to keep on a clipboard in their vehicle. Each driver will ~eed to conduct the inspection and fill out the checklist be_£ore begimff~,g their route. Safety problems should be rel~orted immediately before you start your route. Drivers should add comme~ts to the checklist ifa lproblems arises during the shift. JT~e person designated responsible for the maintenance of the vehicles should mo~fftor these checklists daily and schedule mai~te~tmme accordingly. The checklist provided is a sample and you may choose to add or delete items at your discretion, provided it meets or exceeds the mi~imum requirements in Rule 14-90.006(7)(a) Florida Administrative Code. In any case, documented daily inspections must be h~cluded in the permanent vehicle file. COMPREHENSIVE MAINTENANCE RECORD A Comprehensive Maintenance Record should be kept on file for each vehicle. This record should be filled out every time any maintenance is performed on that vehicle. Benefits of keeping a Comprehensive Maintenance Record on file are as follows: · provides quick reference to the vehicle · provides a complete history of repairs · identifies ctu-onic problems · shows trends in mileage and fuel consumption AGENDA ITEM This manual was developed by the Flor/da Department of Transportation Public Transit Office Page 18 of 24 -"- · track responsibility for repairs · records the amount of time vehicle is not available for service COMPKEHENSWE MAINTENANCE RECORD FORMS There are three basic forms commonly used for proper maintenance records. They are the Work Order, Monthly Summary and the Maintenance Log. Used properly they are a valuable tool in recognizing and correcting problems before they become costly. They are also a Valuable tool for monitoring the quality of service you receive from a repair shop. Below is a brief description of the forms found in this manual. Work Order This is a detailed description of a specific repair performed on your vehicle. This form should be used for either in-house or private garage repairs. It can be very helpful when you are trying to identify a chronic problem or research maintenance history. Monthly Summary This form provides a monthly summary of the vehicles use. It will show trends in mileage and fuel consumption, provides a quick reference to the vehicle and records the amount of time the vehicle was not available for service. Maintenance Log This form provides a complete history of repairs, identifies chronic problems and tracks responsibility for repairs. The entire fleet is usually maintained in one book which will provide a quick reference to the vehicle without having to pull the file. AGENDA, ITEM No._ MAR 1 2 2G22 This manual was developed by the Florida Department of Transportation Public Transit Office Page 19 of 24 WORK ORDER Carrier Name: CHECK HERE IF ROADCALL [------] WORK ORDER # I ] VehicleNo. Car Make Model VIN Odometer Reading Van Bus Shop Date Date Location Shopped Released REPAI~ INSTRUCTIONS MATERIAL USED OUTSDE REPAIRS Quan. PartNo. Description UnitPrice Description Unit Price S $ S S I COST SLrMWL~,RY Total Labor Total Materials $ Total Outside $ Repairs Job Total $ MECHANIC LABOR HOURS This manual was developed by the Florida Department of Transportation Public Transit Office Page 20 of 24 AGENDA ITEM MAR 1 2 2052 pg. ~c~ TE~ MAINTENANCE LOG Vehicle No. Tag,fi: VIN: Date Description of Repair Mileage Repaired by Date Description of Repair Mileage Repaired by Date Description of Repair Mileage Repaired by This manual was developed by the Florida Departmcnt of Transportation Public Transit Office Page 22 of 24 AGENE)A ITEM MAR 1 2 2002 MAINTENANCE LOG Vehicle No. Tag#: : VIN: Date Description of Repair Mileage Repaired by Date Description of Repair Mileage Repaired by Date Description of Repair Mileage Repaired by This manual was developed by the Florida Department of Transportation Public Transit Office Page 23 of 24 AGENDA ITEM No. ~L\\ ~ MAR 1 2 2002 MAINTENANCE LOG Vehicle No. Tag//: VIN: Date Description of Repair Mileage Repaired by Date Description of Repair 1Mileage Repaired by Date Description of Repair 1Mileage Repaired by This manual was developed by the Florida Department of Transportation Public Transit Office AGENDA ITEM ,MAR I 2 2302 Page 24 of 24 EXECUTIVE SUMMARY APPROVE A BUDGET AMENDMENT AND CHANGE ORDER NUMBER 1 FOR THE 13th STREET SW BRIDGE DESIGN-BUILD CONSTRUCTION CONTRACT NO. 01-3223, PROJECT NO. 60012, PURCHASE ORDER NO. 201211 FOR $91,342.08 OBJECTIVE: TO receive Board approval for a budget amendment and for Change Order Number 1 for additional contract services associated with the construction of the above referenced project. CONSIDERATION: On June 12, 2001, the Board of County Commissioners awarded a contract for professional design/build services to the Design-Build Team of American Consulting Engineers, PLC and Kelly Brothers, Inc. The "Request For Proposal" for the Design-Build Services addressed the construction of a bridge to span the Golden Gate Main Canal at 13th Street SW. The proposed bridge was to span the entire canal easement (which is 140 feet) incorporating two-twelve (12) foot lanes, two-five (5) foot sidewalks, and two-four (4) foot bike lanes. During the development of the agreement funds were included for the construction of a sidewalk on the south side of 13th Street SW, from the canal to 16th Avenue SW. During the review of the preliminary bridge design it was discovered that the proposed north end bent piling were very close to the existing 30-inch raw water main located along the north side of the Golden Gate Main Canal, within the one hundred forty (140) foot drainage easement. A number of meetings were held with the Public Utility Engineering Department, the Water Department, the Transportation Engineering and Construction Management Department, and the Design,Build Team. As a result of these meetings it was agreed that the existing raw water main would need to be replaced (due to the age of the existing line), within the limits of the 13th Street SW right of way (60 feet) and protected using a forty-two (42) inch diameter steel casing. In addition, to further protect the line during the construction of the bridge and to provide the Water Department access if future repairs were needed, the bridge length would be extended an additional five (5) feet to the north. Protection of this reuse water main had to be completed prior to the start of the bridge construction and prior to peak seasonal usage starting in mid-January. As a result of these restrictions placed by the Collier County Water Department the reuse water main work has already been accomplished. Had the work not been done by January 15, 2002 the project would have been delayed until mid-June, the start of the rainy season. The reuse water main work was completed on January 10, 2002. AGENDA ~-TEI~ ----, I 2002 This change order will also address an adjustment to the contract time associated with dredging of the Golden Gate Main Canal, in the vicinity of the bridge and to address an unanticipated delay in the issuance of the Right of Way and Environmental Resource permits by the South Florida Water Management District. Fourteen (14) calendar days will be added to the contract for the added work of dredging of the canal and forty-three (43) calendar days will be added to the contract to address the unanticipated delay in the processing of the permit application by the South Florida Water Management District. It will also address an adjustment to the "Project Schedule" based on the commencement of contract time. The "Notice To Proceed" letter was originally to be given on 10/01/2001 but due to a delay in finalizing the language and the terms of the agreement the "Notice To Proceed" was not given until 10/31/2001. In addition, it was decided to eliminate the construction of the sidewalk from the Golden Gate Canal south to 16th Avenue SW. This action was taken when it was identified that the existing roadway, 13th Street SW, needed improvements. The price proposal and time extension request submitted by the DESIGN BUILDER has been reviewed and accepted by the Transportation Engineering and Construction Management Department and deemed fair and reasonable. FISCAL IMPACT: A budget amendment of $91,342.08 is needed to transfer funds from the Transportation Supported Gas Tax fund. Source of Funds are Gas Taxes. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners approve the requested budget amendment and Change Order Number 1 in the amount of $91,342.08. SUBMITTED BY: REVIEWED BY: Ewing McM~chael Project Manager Dale Bathon, P.E. Project Manager Principal DATE: DATE: AGENDA fTEM APPROVED BY: APPROVED BY: Stephen L. Miller, P.E. Director, Transportation Engineering & Construction Management Department t; j"3 ' / , NormanFeder, Administrator Transpertation Services Division DATE: DATE' APPROVED BY: Steve Carnell Director, Purchasing and General Services Attachments: Change Order Number I Project # 60012 Change Order No. I 13th STREET SW BRIDGE PROJECT #60012 DESIGN-BUILD CH.~d~GE ORDER NO. 1 TO DESIGN-BUILD SERVICES AGREES~IENT This Change Order 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 "OWNER") and KELLY BROTHERS, Inc. whose business address is 15775 Pine Ridge Road, Fort Myers, Florida 33908 and AMERICAN CONSULTING ENGINEERS, PLC, whose business address is 411[ Land O' Lakes Boulevard, Suite 310, Land O' Lakes, Florida 34639, a joint venture of corporations authorized to do business in the State of Florida (hereinafter collectively referred to as the "DESIGN BUILDER"). WITNESSETH WHEREAS, O'¢¥'.'N~ER and DESIGN BUILDER currently have a valid design- build ser~'ices agreement for the provision of design-build serx'ices including architectural an&~or engineering design, permitting and consulting serv'ices, project/construction management services, and construction services for the design and construction of the 13~h Street Bridge, RFP# 01-3223, Project #60012 (hereinafter referred to as the "PROJECT"), the OWNER desires to modify the terms of said AGREEMENT, and towards that end it is necessary to provide additional design and construction services for, among other things, the replacement and protection of a portion of the existing 30-inch Raw Water Main, within the limits of the existing right of way of 13th Street SW, said services more fully described below; and Page 1 of 5 .&GEND~, MAR 12 2002 Project # 60012 Change Order No. 1 WHEREAS, OWkNER and DESIGN BUILDER agree the additional services for the 13th Street SW PROJECT, for the services ~::eing contemplated under said AGREEMENT, are necessary. The DESIGN BUILDER will be required to provide design and construction services to accommodate the removal of a portion of the existing 30-inch raw water main, replacing with new pipe material, and protecting using a 42-inch steel casing. Due to restrictions placed by the Collier County Water Department (historically seasonal peak water usage begins mid-January), the water line work had to be completed by 1/15/02. The water line work was compieted on 1/10/02. This change order also addresses the removal of the sidewalk constr~ction proposed along the eastside of 13th Street SW, from the Golden Gate Main Canal south to 16:h Avenue SW, the reimbursement of permit fees paid the South Florida Water Management District, the adjustment to the projezt schedule to reflect the actual "Notice To Proceed" date of 10/31/2001, and an adjustment to the contract time :ssociared wida the dredging of the Golden Gate Main Canal and the unanticipated delay !:z ' ~::~ance of the Right of Way and Environmental Resources permits by the South Florida ';', ,.~er Management District. 1.1 \VHEREAS, DESIGN BUILDER represents :i:xt ~:e has the expertise and the ts?e of professional and construction ser~'ices that will be required for completion of the project. NOW, THEREFORE, in consideration of the n-:utual covenants and provisions contained herein, parties agree as follows: ARTICLE ONE DESIGN BUILDER shall provide to OWNER design-build services in accordance with Exhibit "A" of this Change Order as attach,,-d herete. Page 2 of 5 2.1 Project # 60012 Change Order No. 1 ARTICLE TWO OV~WER a~ees to compensate DESIGN BUILDER for the additional services rendered hereunder as described in Exhibit A, the portion titled "Design and Construction Work Effort and Costs", and in accordance with said AGREEMENT. The Commencement Date is confirmed to have been 10/31/2001. Reference to Schedule "D" as revised in this Change order shall not be construed as an acceptance or waiver by the O\¥:'NER of any late performance or failure to meet specific delivery dates by the DESIGN BUILDER under the terms of the AGREEMENT, but shall serve as confirmation that the Commencement date of all specified scheduling deadlines is 10/31/01. Ali duration periods in Schedule "D" remain the same number of days, except that the additional services described in 2.1 above cause the following:. Fourteen (14) calendar days will be added to the contract for the added work of dredging of the canal and forty-three (43) calendar days will be added to the contract to address the unanticipated delay in the processing of the permit application by the South Florida Water Management District. Original Contract Time in Calendar Days: This Change Order Contract Time Adjustment: Revised Contract Time in Calendar Days: Actual Notice to Proceed Date: Completion Date Based On Original Contract Time: Revised Completion Date: Page 3 of 5 175 57 232 October 31, 2001 April 20, 2002 June 19, 2002 r------ Project # 60012 Change Order No. 1 Contract fee adjustments are as follows (including this change order): Original Contract Amount: $ 1,329,228.79 Change Order No. 1 Amount: S 91,342.08 Revised Agreement Amount: $1,420,570.87 The AGREEMENT, except as herein amended, shall remain in full force and effect. IN WITNESS V(HEREOF, the parties hereto have executed this Change Order to Professional Design-Build Services Agreement for the 13th Street SW Bridge project the day and ),ear first written above. DESIGN BUILDER: KELLY BROTHERS. Inc. ATTEST: ITS: 5D~ E 5 / ;>~E.,Cy /'-- (CORPORATE SEAL) Date: ,,7.,- o'"- ~,2.., Page 4 of 5 .~,GENDA ,, NC...___.~t.~. ~_ I 2 2002 Project # 60012 Change Order No. 1 AMERICAN CONSULTING ENGINEERS~ PLC ATTEST: ? By: Name: (CORPORATE SEAL) Date: ATTEST: (As to Chairperson) BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUqqTY, FLORIDA, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA By: Dwight E. Brock, Clerk By: James N. Coletta, Chairman Approved as to form and legal sufficiency: Ellen T. Chadwell Assistant County Attorney Page 5 of 5 "F-~IBIT A" AMERICAN CONSULTING ENGINEERS, PLC ..,, "ENGINEER/NG EXCELLENCE FOR MORE THAN A QUARTER CENTURY" 4171 Land O'Lakes Blvd., Suite 310 Tet (813) 996-2800 · Fax ($I 3) 996-1908 Land O'Lakes, Florida ;46-~9-4437 e-mail acefla@ace-plc, com January 31, 2002 Mr. Ewing "Skip" McMichael, PE Collier County Government Transportation Services Division 2675 Horseshoe Drive South- Suite 401 Naples, Florida 34104 RE: SW 13t~' Street over the Golden Gate Main Canal Design-Build Project i ~.~ ::?.:~. ......... Collier County i ,.-_. American Project No. 5019013 Revised Water Main Relocation, -=ridge Length and Dredging Change Order! F,; Dear Mr. McMichae!: : =. ,c;osed 31e¢~e =ind ct.:r ccs;s "c¢ ;~- = ': .-* :+;-~ of :he 30" water main. tr~e fire-!oct !ncrease :r!c,S8 !ength ~:.c :r,e :anai dredqi~;c -r ,:~e adore named oroiect as well as ~he -- ',, ,i ' ~ ~ , ~GuC~,CR dLe ~.o ,.'ne e~immadon of the sidewalk. \/V~e ;:a,,'e :evised this cosi based on our most recent meeting with the SFWtVID where it was ac~r~., ~hat the dredging would extend 30' upstream and downstream from the face of the bric~c.s ' The total construction cost for the relocation of the waterman is $121,550. This assumes that we are replacing 60' of pipe under the bridce and adding a 42" steel casin~. This work has already been completed and i understand th~ the County Water Department is satisfied with the results. After meeting with Clarence Tears, Mike Hussion and Ananta Nath of Big Cypress Basin on 1/11/2002, they have revised their dredging requirement from 150' upstream and downstream to 30' upstream and downstream. Also, we have since taken some measurements in the canal and have adjusted the costs based on our estimate of the quantity of rock excavation and the quantity of silt excavation. We estimate that the quantity of rock to be removed and disposed of to be 424.8 cubic yards and that the quantity of silt to be removed and disposed of to be 193.4 cubic yards. The cost is based on $65 per cubic yard for the rock excavation and $35 per cubic yard for the silt excavation. The total construction cost for this dredging will then be $34,381. The total construction cost for adding 5' ~o the length of the bddge will be $15,303.42. This is based on the new quantities and the previously agreed upon unit pdces. The total design cost is $13,303.66, which includes the effort relating to the water main relocation, the dredging, and the lengthening of the bddge as well as a credit of 64 man-hours for removing the design requirement for the sidewalk. ~ AGEND~ ITEM Aisc included in the change order is $3,750 in permit application fees for the Right-of.. a~_ anc~ the ERP permit applications. I MAR 1 2 2002 i FLORIDA · ILLINOIS · KENTUCKY . SOUTH CAROLINA , TEXAS " VIRGINIA · WEST VIRGINIA "EXMIBIT A" Mr. McMichaei, PE January 31, 2002 Page 2 ~Ne have ncr made any adjustments in the cost of the cteadng and grubbing of the canal banks. I understand that some of the residents have some valid concerns related to this activity and the final requirements may be revised by the SFWMD. The required Change Order will then be a total of $91,342.08 as shown on the enclosed "Design and Construction Work Effort and Cost" worksheet. We have reviewed the project schedule to determine what effect these changes and the permitting will have on the number of days to completion. The additional time required for the dredging and the permitting is 14 calendar days and 43 calendar days respectively. This will require an increase of 57 calendar days from the original project schedule. Enclosed please find a copy of the revised project schedule. Please note that the duration for the items in the schedule is in working days. if further information is required, please feel free to contact me. at the above'address. Vew truly yours, Scott .Korpi, PE, SE Project Manager cc: Chris Bautista, Kelly Brothers, w/enclosure Janet Sass, American Consulting Engineers, w/enclosure f:\pmject~5019013\projectwide\correspondence~Jetter skip mcmichael 020121 water main bnage length dredging supplement.doc ~, ~.GENDA !TEM , I 200? ? &C~ENDA :,Jo. :" \ !? ' MAR 1 2 2002 KELLY BROTHERS, INC. MARINE CONTRACTOR '[5/-'75 PINE RIDGE ROAD FCRT MYERS, FL. 33908 CONSTRUCTION COST ESTIMATING WORKSHEET (Change Order #1 ) CONTACT: Ewing McMichael OWNER/CC: Collier County Transportation Operations ADDRESS: PHONE: FAX: PROJECT: Golden Gate 13th Steer Bridge LOCATION: Naples. Fl. ARCH./ENGR.: American Consulting Engineers PRINT DATE: 1/21/2002 REV. NO.: JOB NO. DATE: BID DATE: SHEET NO.: FILE NAME: ITEM NO. ITEM DESCRIPTION MATERIALS UNIT I UNIT , COST TOT.~L 0 * LS iS 30.000.00 -3:-'-:' "'~ ~* Survevand-avcu: i Preservation of Survey Monu 0 I LS ~ S 500.00 !Comm. blat. For Driveway Main CY i S 22.00 '~- '~ -'2 2-3 ,0~-i !Artificial Coverings ~ i04-i0-i ',Baled Hay or s;raw i~0~-!3-i Staked Silt Fence !Floating Turbidity Barrier SY iS 2.0O S EA ;S 6.00 S LF iS 1.55 S LF IS 7.80 ED S 55.00 S !110-1-1 Clearing and Grubbing j 0 t LS S 11.500.00j S 120-1 Regular Excavation 0 CY S 17.50 S 120-6 Embankment 0 CY $ 19.00 S 162-3-101 =inish Soil Layer(Grassing Operations)(6") 0 SY $ 0.50 $ 9360-1 Approach Slab Concrete 0 CY $ 400.00 S Approach Slab Reinforcing Bars 0 LBS $ 0.60 $ 529-70 Gravity Retaining Wall Concrete 0 CY $ 520.00 $ Gravity Retaining Wall Reinforcing Bars 0 LBS $ 0.60 $ Traffic Railing Barrier 0 LF $ 75.00 $ &luminum Pipe Handrail 0 LF $ 25.00 $ 160-4 Type B Stabilization(12") 0 SY $ 5.20 $ 285-707 Base Optional (Base Group 07) 0 SY S 12.00 $ 300-1-1 Bituminous Mat(Prime Coat) 0 GA $ 3.05 $ 300-1-3 Bituminous Mat(Tack Coat) 0 GA $ 3.00 $ 337-7-7 Type S Asphalt 0 TN $ 62.50 $ 400-1-15 Concrete Class I 0 CY $ 380.00 $ Inlet Type P5 0 EA $ 2.750.00 $ - 425-2-41 Manhole Type P-7 0 EA $ 1,900.P..¢ --' Manhole Type P-8 0 EA $ 1,900.0 .5-1-521 ~lnlets (DT BOT) Type C<10' 0 EA $ 1,650.0 ) '~"' Inlets (DT BOT) Type D Modified<10' 0 EA S 2,800.0 ) $ MAI; ~ ~ ?tiP? 430-12-225 Conc. Pipe Culvert (Storm Sewer)(Classll)(30") 0 LF $ 65.0~ $ ..... 430-12-229 Conc. Pipe Culvert (Storm Sewer)(Classll)(24") , 0 LF $ 45.01p $ 1430-14-225 ,Conc. Pipe Culvert (Side Drain)(Classll)(18") ' 3 LF S 29.0i;) ~,~ ,;---~ ~- !,,,.,,,i ,~30-982-225 Miter End Section (Conc Pipe Round) (24" SD) ~430-982-229 Miter End Section (Conc Pipe Round) (30" CD) 430-984-225 Nliter End Section (Conc Pipe Round) (18" SD) 522-I 570-9 Water For Grass 575-1-1 577-70 Concrete Sidewalk, 4" Thick Sodding (Bahia) Seed & Mulch Shoulder Rework 700-40-1 Sign Single Post (Less Than 12) 706-3 Retro-Reflective Pavement Marker(Amber) 706-3 Retro-Reflective Pavement Marker(Blue)) 710-30 Reflective paint(Walkway Nose)(Yellow) 1711-35-61 I 0 17! !-36-61 EA $ EA Solid Traffic Stripe. Thermoplastic(White)(6") 0 SY EA Dredging (Silt) Solid Traffic Stripe,Thermoplastic(Yellow)(6") Watermain Relocation t 1 I 193.4 I 0 424.8 ROADWAY SUBTOTAL EA SY S j rvlG $ I SY $ - I SY $ EA I Dredging (Rock} EA SY LF LF LS 121 , 550.00 CY 6.769.00 CY 27.612.00 155 $ 780.00 $ 860.00 $ $ 750.00 $ $ 18.00 $ 15.00 S 5.00 S 1.80 S 1.00 $ $ 215.00 $ $ 4.2O $ $ 4.20 $ S 40.00 S $ 0.75 $ S 0.98 $ $121,550.00 $ S 35.00 S S 65.00 S S S 6.500.00 $ $ 60.00i$ $ 19.00 S SIDEWALK ITEMS 10-!-1 Clearing and Grubt3ing i -1.45 I AC (9,450.21)! ~0-7-! Mailbox (F&I) I -27 I EA (1.620 001i ,~20-6 Em~oankment i -299.1i C¥ (5.682.46¢1 ~527-I iConcrere Sidewalk, 4" ,;*,~c',< i -3~'87 I qv S i8.00 i $ (62,760.00)i ' SY S 5.00:$ '; '~ a.'~'~ 33~' ETE-t-~ ;SoddingfBahial t -3487 ~ ....... BRIDGE iTEMS ! ,,/i -, tMobilization Excavation for StrucTure Additional Bridge tength=i 5.00 Aiuminum Bridge Raiting(FDOT Index 710) LS S 25.000.00 CY S ~ 5. :.3C i-t00-4-J- iClass tV Concrete (Suoerstructure) 5.0 CY S 500.00 S 1400-4-5 Class IV ConcretefSuPstructure) 0 CY S 460.00 S LF S 42.00 S 420.00 10 10 Traffic Barrier Wall (FDOT Index 700) ;400-5-1 6 i4oo-5 LF S 75.00 S 750.00 i4oo-7 IBridge Floor Grooving 160 SF S 3.20 j S 512.00 i400-129 Bearing Pads( Neoprene) 0 SF S 15.00 9-415-1-4 Reinforcing Steel(Superstructure) 2500 LB $ 0.60 $ 1,500.00 9-415-1-5 Reinforcing Steel(Substructure) 500 LB $ 0.60 $ 300.00 9-450-2-8 Prestressed Concrete Slabs(18" PPC) 55 LF $ 110.00 $ 6,050.00 Preformed Pile Hole 0 EA S 400.00 Test Pile (Furnish and Driven) 0 LF $ 50.00 $ 455-3-2 Prestressed Concrete Piles Furnished(14" SQ)) 0 LF $ 45.00 $ 455-4-2 Prestressed Concrete Piles Driven(14" SQ) 0 LF $ 5.00 $ #57 Bedding Stone 11 TN $ 50.00 $ 561.46 Filter Fabric 36 SY $ 3.80 S 135.46 Rubble Riprap (bank and shore) 0 TN $ 55.00 S 547-70-2 Cellular Concrete Riprap 321 SF $ 7.80 $ 2.502.50 1" Dia. Ridgid Galvanized Conduit 10 LF $ 1.50 $ 15.00 4" Dia. PVC Utility Conduit 20 LF $ 3.30 $ 66.00 BRIDGE SUBTOTAL $ 15,303.42 CONSTRUCTION COST TOTAL cc tic 7. AGENC: No. \ MAR 2.002 U "k~IBIT &" ROADWAY PLANS MANHOUR ESTIMATE (Change Order #1) "'"'"~N: W P.I. NO: N/,~ ,,~ame of Estimator: MarJo Parra Protect Name: Name of Firm: American Consulting Engineers,'1 Protect Limits: FDOT Proiect Manaqer: Richard Hellrie~et County: Collier Date: 1/31/2002 SW 12th Street Rridce over :he Golden Gate Main Canal SW 13th Street I NUMBER MHAJ NIT WCRK ELEMENT UNIT U S MANHOURS MANHOURS REMARKS Key Map Per Sheet 0 Drainage Map Per Sheet i 0 0 I! For reference only T,/pical Section Sheet Per Sheetj 1 0 1 1 i ' Not required '~¥,/pical Section Package Lump Sum o !Pavement Selection Reporl Lump Sum,I 0 3 No[ reouired jPavement Design Package Lump Sum 0 3 !Summaq/of Quantities Sheet Per Sheet ~ 1 3 SLlmmap-' of Oraina~'e Struc;ures Per Sheel O S~,:,rr~rz.,ater 'DeteNli,on Ftz~.ns Per Shoe! ; ' '<-of-Sidewa~K Profiles - Mumc~pal Per Sheet 0 t iF!an Sheets OnJy-Sidewa[k4t =z0! Per Sheet 0 i 3 easrs~ce !P!an,,Profile Sheets Only i1'=20'~ Per Sheel 1 2 Spec Intersection¢Cross-Over De[ads- Per Sheet 0 0 Rural I Roa~way/S~aewalk Details Per Sheet ,I 1 I .~ 3 i jOne detail for sidewalk south of canal ICurb Re urn Profiles Per Each 0 0 DrAinage Structure Sheets - RurAl Per Sect 0 0 Sheets - Municipal Per Sect 0 0 DrAinage Structure Lateral Ditch/Curtail Plan/Profile Sheets Per Sheet 0 0 Bridge Design Data Sheet (Data Plotting) Per Sheet 0 Interchange Pla~s Lump Sum 0 0 Not included in scope Cross Section-Lateral Ditch (Inc Per Sect 0 0 tEarthwork)(100 fl intervals) Cross Section - Rural (Inc EarthworK)(50 Per Sect 1 0 3 3 ;No crosssectJons for sidewalk south of canal tt inlervats) Cross Section - Municipal (Inc Earthwork) Per Sect 0 0 Cross Section - Retention Area~(50 M Per Sect , 0 0 lintervats, rain of 3 sections) ~'"-'~'c Report t Lump Sum 0 0 Not included~j~¢.o,pe supplement 020131 RDWY Page "E~IBIT A" ROADWAY FLANS MANHOUR _.ST!MATE (Change Order #I} Date: 1/31/2002 WORK ELEMENT UNFF NUMBER MH/UNFF PROF. TECH. ON-CADD MANHOURS R EMA R KS Utility Adjustment Plans Per Sheet 0 Summary of Pay Items Lump Sum 0 IStage Construction Evaluation Lump Sum 0 ' Quantity Computation Each n Control Plan Sheets Sheers 3 tDesign Documentation Book Lump Sum 0 tProiect Design Report ¢ Lumo Sum 0 - iNot required. iExisting Conditions ~ssessmen! ~.epor( : LumG Sum Dr rveway Profiles E~cB :P'e~ec; L~ycut Shee~s ~:ererenc~s :er Shee~ .t Variances, ~cept~ons Lump Sum Per Sheet '~Generai Notes Technical Specifications Lured Sum [Quality Control (5-10%) Field Reviews !Meetings ~NTP. Progress. Phase Review,t SUB-TOTAL Lump Sum Each ,.3 5% o Each fCoordinatmn Lump Sum 0 Lump Sum VaJue Engineering Reviews SUB-TOTAL TOTAL supplement 020131 RDWY -3 Page 7 0i ; See Froject Management See Project Management -3 "k~J~IBIT A" sur',plement 02CI 31 BRIDGE PLANS MANHOUR ESTIMATE (Change Order #i) ~tate Prciect No ,'Jame cf -_sdma*,cr: Scott Korc¢ Name ~f ~:rm: Amerfc~n Coneultina Enaineers/Kelly Brothem F'D©T F'roiect Ma. nacer q(ch~d k-etl,"fe cel Date 1 31 2002 Stru~ure: =,oiect L:mit: SW 'fDth Street WORK E_EMENT BRIDGE DE'vELCPMENT REPORT (See Atlacnmem; PR~'-LIMINC. RY t30%1 BRIC'GE ,='_,&NS fSee Attac,bmentl ],.General i'4otes an~ Intex of Bridge SheeTs :DOT Stent, ar= Drawings UNIT i=eso't cf Care Bonngs Lump Sum ,..urn D Sum =er Sheet U.NiTS M~'UNIT PRCF TECI4 o I ruer Shee! 3 I See J"=-~an and E]evat[cr', Per Shee! Preiimir'aw ~SC°o Bddge Plans jSdage ~yarauiics Reccmmendat~on SheeJ =er Sheet ,See ='re:iminar./ =er Sheet See ~relh'-r,!nary =er $ r, eet TOTAL MANHOURS CN-CACD (Percenl) Z ,-,arr, ing P!an ,aha Steei ,31r~,er £!eva! on, Per Sseet ~ --. ~ Prestressea Beams or Siab dh;ts and Schec:~ e I Per S,-,eel I j 16 8 ] 24 :ieid Splice Details Ret Sheet '3 3 O 0 iCamDer Diagrams =er Sheet C ,3 2 C Bearing ilmd Bearing Replacement Oetail$ Per Sheet 0 0 3 O Construction Sequence Per Sheet 0 0 0 0 MisceHameous Details (Retaining Wail) Per Sheet 2 Reinferc,'ng BaJ' Lists Per Sheel 1 4 4 8 C~S/Quanl:ily Computations Lump Sum I 4 4 8 TecnniceJ SpectaJ prOWS~ons Lump Sum 0 0 0 O Bridge Lc:aa R~zing Lump Sum 0 0 0 0 QuaJity Control/Supen.,ision Luml2 Sum 1 8 0 8 AGENDA iTF_~ MAR I 2 2002 "k~3qIBIT A" UTILiTiES MANHOUR ESTIMATES (Change Order #I) 'q~me of Esti~a',cr' Marlo ~arr,~. -'medczn 3cnsu~tind Engineem/Kell,/Brothers =DCT 0roiect Manager' Rishard Hetlrfeoel Cz!e: ~ 3! .£CC2 Proiec': L!mits: SW !~h Stree! Ut~tv C-"w,n e rs: WCRK ELEMENT ',iNITIAL CCNTA. CT (Preiiminary Design) :(: ) Consultant snail furnish ~.retiminary D~ans for n.otfficaticn lo all UtiliW Ccmsan~es meetirg sre3ared to ciscuss l~e -"CTA, L ,M,~ NI-CUR$ CCMME! 2~ Consultant shall attend final meetfng prepared to discuss the roadway plans and their impacl on utilities Consultant snail review eacm ut/iity company's marked plans cecicting the discosffion of their facilities and advLse County as to conflicts ,~th proposed roadway construction Ccnsultant shall prepare utility ad!ustment sheets Provide design ooordinat on Provide final water and sanitaJ'y sewer design. (r) Proviae CADD diskettes TOTAl.. 36 .~GENDA ITEM .'-~. \ ~.~ ~ . .:',4.~ 12 2002 020! 3! ,JT:LJT ES ~age ~ , 31 2032 6 25 CONSTFiUCTION MANAGEMENT (Change Order #I) ~"'"~N: W P.I. No: N/A .'4ame of Estimator: Scott Koru~ P.oiect Name: Name of F:rm: American Consuitmc~ Engineers/K~ P~oiect Lira ts Fr"JOT Project Manac~er: Richaxd Hellrieael Count: Collier gate: 1/31/2002 SW 13th Street Bricloe over the Gotclen Gate Main Canal SW 13th Street -- NUMBER MH ~"UNIT' TOTAL OF ON-CADD WORK ELEMENT UNIT ! UNITS PROF. TECH. MANHOURSI MANHOURS REMARKS BIDDING SERVICES 1. Respond to Questions Lump Sum! 0 0 0 £. PIan Revisions j Lumo Sum' 0 0 0 0 3. Bid Analys~s !L'$~'sc Sum 0 0 SERVICES DURING CONSTRUCTION ~ Shod Drawing Review ILump Sum' 3 0 I 3 0 Beams p~tes ! ~.ump -~,l" , 3 0 0 3 l~cHrs sar ,¢eek 'or 1 £ '¥eeks 2. -~espond to Questions Penodic Site Visits Construction Administration [Lures S.,? 3 0 0 0 Its hours per week for 12 weeks As-buiits ~Lumm SLm 0 0 0 Final Certification Lump S~r'~ 0 0 0 0 9 Warranty Inspection Lump Sum~ 0 SUB-TOTAL Quality Control (5%) Lump Sum t 16 SUB-TOTAL TOTAL 17 /.Udz su~plemenl 020131 CONST MGM-I- Page tO "3~ 2c:£ ~_'s ;~,; AGENDA COLLIER COUNTY GOVERNMENT TRANSPORTATION DIVISION TRANSPORTATION ENG,.~EER1NG AND CONSTRUCTION MANAGEMENT DEPARTMENT January 25, 2002 2675 S. HORSESHOE DR. SUITE 401 NAPLES, FL. 34112 1941 ) 774-8192 SLLNCOM 751-8192 FAX: (941) 774-9370 American Consulting Engineers, PLC & Kelley Brothers, Inc. 4111 Land O' Lakes Blvd. Suite 310 Land O' Lakes, FL 34639-4402 Subject: 13th Street SW Bridge Design/Build Project Project No. 60012 RFP No./Contract No. 01-3223 P.O. No. 201211 Acceptance of Price Proposal and Contract Time Extension Dear Mr. Korpi, Please accept this letter as formal acceptance of your price proposal and contract time extension, as detailed in your letter dated January 23, 2002. As previously stated, we verbally agreed to the price for the replacing and protecting (in a 42-inch diameter steel casing) of the 30-inch Raw Water Main, along the northside of the canal. This work required completion prior to January 15, 2002 as mandated by the Collier County Water Department. The remaining work includes the excavation of the Golden Gate Main Canal an additional one and one half (1½) feet below the original proposed elevation and an extension of the bridge structure to provide protection of the raw water main during the pile driving operation. This office will process a Change Order addressing this change in the contract scope and will need to have the Board of County Commissioners approve a Budget Amendment to provide the additional funding to compensate you for this extra work. This Change Order will include the elimination of the sidewalk south of the canal, an adjustment in contract time due to change in the "Notice 'f'6 Proceed" date, and to address the unanticipated delay in the processing of the permit application by the South Florida Water Management District. I ~.GENDA ITEM '_:2 1 2 20,;2 The County wishes to thank you for your cooperation and support in the coordinating of these recent changes. We continue to look forward to wcrking with you and will strive to make this a successful project for all parties. Should ycu have a question or comment, please do not hesitate to call. Respectfully, Ewing "Skip" McMichael Project Manager C: File 60012.02/04 Lyn Wood, Purchasing Dale Bathon, P.E., Principal Project Manager ?- .AGENDA ~vage I~1~ DrYing Barge & Crane Sero, ice Wood & ~fe ~ ~b~us C~n~ Und~a~ ~ns~t~n KELLY BROTHERS INC. MARINE CONTRACTORS ~ DANNY KELLY Preslcient December 21, 2001 Mr. Ewing McMichael P.E. Project Manager Transportation Se~ices Division Collier County Government 2675 Horseshoe Drive South. Naples, Fl. 34104 Subiect: SW !3th Street Er_;dee over Golden Gate Main Canal Project 7'..ic diffcatic,:: ~' ..... '-' Dear iVlr. IMcMichaei: Kc,,!,-.- ~-~,,b~--o~_,o,_,, ~. inc. pro?zses .:o ,:rovide manpower, materials, equipment, toois~ consumables and superintendence to modifv the 30" dia. raw water main on the north side of the main canal as per scope of work ~reed upon with the representatives from the Collier Countv Utilities DMsion. Our lump sum price is One Hundred Twenty One Thousand Five Hundred Fifty Dollars ( $121,550.00) Base on the field discussion, the modification work on the pipe has to be completed before January 15, 2002. In view of the foregoing please issue the necessary work authorization to be able to proceed with the procurement of materials. '~' ~10, ~0~ ,~ Trust this will merit your usual kind attention and action. Chris/C YBautista Prg~ct Manager CC: Scott M. Korpi, P.E. American Consulting Engineer, PLC 15775 Pine Ridge Road, Fort Myers, Flodda 33908 · (941) 482-7300 AGENDA TEM!! MAR 12 2002' i-,c '-~"q. FAX (941) 482-80i4 COLLIER COUNTY GOVERNMENT TRANSPORTATION DIVISION TRANSPORTATION ENGINEERING AND CONSTRUCTION MANAGEMENT DEPARTMENT December 19, 2001 2675 S. HORSESHOE DR. SUITE 401 NAPLES. FL. 34112 1941) 774-8192 SL."N'COM 751-8192 FAX:/941) 774-9370 American Consulting Engineers, PLC & Kelley Brothers, Inc. 4111 Land O' Lakes Blvd. Suite 310 Land O' Lakes, FL 34639-4402 Subject: 13th Street SW Bridge Design/Build Project Project No. 60012 RFP No./Contract No. 01-3223 P.O. No. 201211 Modification To The Contract Scope - Amended Dear Mr. Korpi, Please accept this letter "as amended" as formal notice that Collier County desires the scope of this contract be expanded to include the replacing and protecting (in a 42-inch diameter steel casing) of the 30-inch Raw Water Main, along the northside of the canal; the excavation of the Golden Gate Main Canal an additional one and one half (1½) feet below the original proposed elevation; and an extension of the bridge structure to provide protection of the raw water main during the pile driving operation. The water main work will be performed in accordance with the "Collier County- PUED Standard Technical Specification For Water and Sewer Main Construction". Please proceed with the ordering of the materials to accomplish the water main replacement and protection to ensure that this work is completed prior to January 15, 2002. This office will process a Change Order addressing this change in the contract scope and will need to have the Board of County Commissioner-s-approve a Budget Amendment to provide the additional funding to compensate you for this extra work. This Change Order will include the elimination of the sidewalk south of the ¢,a¢~! _r.d ~.q ..... · ,, ~ .~,G E.."~ DA i '-EI~ adjustment ~n contract time due to change in the Not~ce To Proceed dateI ! i The County wishes to thank you for your cooperation and support in the coordinating of these recent changes. We continue to look forward to working with you and will strive to make this a successful project for all parties. Should you have a question or comment, please do not hesitate to call. Respectfully, Ewing "S~4~" McMichael Project Manager C: File 60012.02/04 Lyn Wood, Purchasing Dale Bathon, P.E., Principal Project Manager 1 2 2002 EXECUTIVE SUMMARY Approve the transfer and/or funding of four positions from the Community Development and Environmental Services Division Fund (113) to the Transportation Services Division Fund (101) with a cost of $430,000 for FY02 from Permit and Development Fees OB,IECTIVE: To obtain Board approval of a transfer of one position from Commumty Development & Environmental Services Division and funding of three new positions within the Transportation Services Division. CONSIDERATION: The Transportation Services Division was formed at the end of ~-999 as part of the reorganization of the old Public Works Division. This action was taken, in large part, because of the emergency need to advance the County's delivery of transportation imp ovements to meet existing and projected congestion. The r .'. '~ dministrator has already shifted and reclassified Transportation Serwces D~ws~t .n .A. ............ ~,~, to meet the County's needs authorized positions within the D~v~sxon to me extent before bringing forward this request for additional posmons. The ability to continue to meet the County's transportation needs require the ~pproval of additional staff positions. The Community Development Administrator has agreed to transfer the Right-of-Way Use Permit and Inspections functions to the Transportation ~er~ices Division. Transportation issues will be addressed by the transfer of a Vacant E.~ineer Position #CN452003. The creation of an Administrative Assistant position u~d~:r pa)' grade 15 to support this function will also be needed ~vithin the Right ot~ ~,Vay Section. Both of these positions will be funded out of ROW Permit Fee Revenues that are currently collected within the Community Development Fund ( t 13). Additionally some staff will shift within the Transportation Division to fully staff this function within the Transportation Operations Department. The permit fees will be reassessed and applied and increased as appropriate to tully fund the ROW section and the ability to provide responsive permitting & effective inspection. With the transfer of Transportation reviews for and coordination of all land development requests related to Plats~ PUD's. SDP's etc., that are being transferred from Community Development & Environmental Services to the Transportation Planning Department within Transportation Services Division, and to effectuate the reassignment of duties, Community Development will provide the revenue t¥om the Community Development Fund (113) to fund a Planner/Engineer at pay grade 22 and a Planner/Engineering Technician at pay grade 18/16 for support. Also requested for this fiscal year with the two positions are two office setups to include computers and furniture and a vehicle. It is estimated that the ROW Permits will generate approximately $287,800 in revenue annually. The majority of the funding for this fiscal year is already be; ~,',,~, Community Development and a small portion of the funding is bei~g ~O~.cEt~c~~,~ MAR 1 2 2002 Transportation Operations. Effective October 1, 2002 all funding that is collected will be deposited directly in the Transportation Services Fund (101) to avoid budget amendments and inter office billings during the fiscal year. Requests will be made to waive the 90 day hiring deferral to allow for advertisement & recruitment for these 4 positions to facilitate the transfer of duties from CDES to Transportation. FISCAL IMPACT: Total funding requested is $430,000 from Community Development. CDES has budgeted $270,000 in revenue for this fiscal year for Right of Way Permits. Transportation also anticipates collecting approximately $30,000 in Right of Way Permit fees. A budget amendment is needed to transfer the $270,000 from the Community Development Right of Way permitting Fees Fund (113) and $160,000 from Community Development Permit Fees to the Transportation Services Division Fund (101). GROWTH MANAGEMENT IMPACT.: None_ RECOMMENDATION: That the Board of County Commissioners accept the proposed re-organization and approve the necessary budget amendments. ~ i ' ' DATE: '~-,~,, '~, BY: i (i,_ ~_ /-",',_/~[- t ~ ~ ~ ~-~"~ SUBMITTED _ ~ k. Newman, sor REVIEWED BY: Edward J. ~~~ns'xDirector ;ii " ..; . .. DATE:-fi// /' .. REVIEWED BY: ,._[ ........ ... . "' Director '" " ""' [/' Transl:~rtat,on trlanmng )awn Wolfe, 7 / :~ DATE: W//// APPROVED BY: It'-~'7'~---''~''- "' ~"' Environmental Se~ }-o~eph ,Schmi~, Commurfity Development & fl~visiod Administrator V ~, / // APPROVED BY: '/j' )?;'-- ' DATE: .i/',/~ .z.-- ~q/onfian E. Fedbr, Transportauon Services Division Ad'histrator EXECUTIVE SUMMARY APPROVE AGREEMENTS AND ACCEPT DRAINAGE EASEMENTS FOR THE BENEFIT OF THE WIGGINS PASS DRAINAGE BASIN. Acqu±sit-ion cost, title and recording fees expected to not exceed $ 800.00 for OBJECTIVE: Approve Agreements for the acquisition of required Drainage Easements 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 flow of storm water run-off generated by this area eventually passes through Bay Colony-Gateway, inc. and Wiggins Lakes & Preserves Association, Inc. ("property owners") properties along Wiggins Pass Road and Gulf Harbor Drive on its way to tidal waters. To alleviate the potential for existing and future problems caused by development in the area, the Stormwater Management Department needs to maintain this critical flowway. In this regard and at the request of the Stormwater Management Department, Real Property Management Department will be securing drainage easements from the property owners that abut the existing right-of-ways and drainage ditch. The conveyances are anticipated to be acquired by donation. The County's Stormwater Department has elected to waive the environmental requirements due to the size and location of the easements. To ensure that Collier County's interests are protected, the Agreements and Drainage Easements will be reviewed and approved by the County Attorney's Office and the Stormwater Management Department. ~,~ FISCAL IMPACT: The total costs of acquisition should not exceed $800 (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 Flowway (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 and accept the drainage easements once they have been received and approved by the County Attorney's Office and Stormwater Management Department; and Authorize its Chairman to execute the Agreements and any and all documents related to this project and such other documents necessaw for clearing title; and '*~--"'" ~,~EUF/', JEM. , MAR I 2 2002 EXECUTIVE SUMMARY Wiggins Pass Drainage Basin Parle 2 Authorize staff to proceed with the related real estate closing transactions and authorize the Real Property Management Department to record with the Clerk of Courts the easements and any and all necessary documents for clearing title in the Public Records of Collier County, Ftorida. SUBMITTED BY: v ~' '~-' DATE: Ernie W. Kerski~, Sr. Property Acquisition Specialist Real Property Management Department REVIEWED BY: Robert C. Wile~,ccP.E., Principal Project Manager Stormwater Management Department REVIEWED BY: John ~t. Boldt, P.E., P.S.M., Director Stormwater Management Department DATE: APPROVED BY: No/rman ~¢Feder,'AICP, Administrator Transportation Division DATE' I- -- AGENDA-~TEM I MAE 12 2002 EXECUTIVE SUMMARY ACCEPT RIGHT OF ENTRY DOCUMENTS FOR THE CLEANUP MAINTENANCE OF A PORTION OF THE GORDON RIVER CHANNEL. AND OBJECTIVE: Accept Rights of Entry from abutting landowners for the cleanup and maintenance of the Gordon River between Golden Gate Parkway and Conservancy Nature Center, as shown on the attached drawing. CONSIDERATION: Hurricane Andrew's high winds toppled numerous trees into the above-referenced section of the Gordon River. These trees are now growing horizontally over and into the river preventing normal water flow and easy access for recreational and maintenance purposes. A very serious infestation of Brazilian Peppers along the banks has intertwined with the native vegetation and is further exacerbating this condition. The Collier County Stormwater Department has been granted the necessary permits to alter and trim the native and exotic vegetation. The work will include the operation of tree- trimming equipment primarily from a small South Florida Water Management District barge working within the river. Cut limbs and trunks will be collected and placed on a second barge, then transported to a designated off-loading area and hauled away to a suitable upland site for disposal. The Conservancy, the Dorrette Fleischmann Estate and Darlene Stoneburner Lofgren have granted the County renewable Rights of Entry to access the riverbanks to assist with this project and the ongoing trimming of vegetation. Marlo Melucci has granted the County a Temporary Right of Entry (this project only) for the purpose of providing access to the river from an offshoot canal for the unloading of bundles of cut tree limbs and trunks from a small barge, storing dumpsters for transporting debris to an off-site disposal site, using a crane for unloading the bundles of debris, mooring a small barge along the existing seawall, and operating mulching machinery on-site with the chips being transported to an off-site disposal site. The transaction documents have been reviewed by the County Attorney's Office and are legally sufficient for acceptance by the Board. ,,,_:,,? FISCAL IMPACT: The total costs of acquisition should not exceed $200 for the recording .; of the documents. The funds shall be withdrawn from the General Fund (001). GROWTH MANAGEMENT: There is no impact to the Growth Management Plan. ~TEM 2002 EXECUTIVE SUMMARY Rights of Entry - Gordon River Channel Cleanup Page 2 RECOMMENDATION: That the Board of County Commissioners: Approve and accept the Right of Entry granted by The Conservancy of Southwest Florida, Inc. (aka Collier County Conservancy, Inc.); and Approve, accept and authorize the Chairman to execute the Right of Entry granted by Joan F. Tobin, as Personal Representative of the Estate of Dorrette K. Fleischmann; and Approve and accept the Right of Entry document by Darlene Stoneburner Lofgren, Trustee; and Approve and accept the Temporary Right of Entry granted by Marlo Melucci; and Authorize staff to proceed to record with the Clerk of Court the appropriate documents in the Public Records of Collier County, Florida. SUBMITTED BY: DATE: Cindy M. Erb, Sr. Property Acquisition Specialist Real Property Management Department REVIEWED BY: REVIEWED BY: f , Toni A. Mott, Real Property Supervisor ReaJ Property Management Department Charles E. Carrington, Jr., ~A, Di ector Real Prope~y Management Depa~ment REVIEWED BY: John H. Boldt, P.E., P.S.M., Director Stormwater Management Department DATE: APPROVED BY: Norma~ E. Feder, AICP, Administrator Transportation Division DATE: AGENDA ATEM MAR i 2 2002 CITY ~ NAPL£$ GOLI3IiEq GATE ?,M~IOfAY (C.R. 888) , ~o PLAN VIEW ft. C32.~',vg _~,34;~0 ~m ES' ,..,..,ur,, COLLIER COUNTY BOARD OF '""" -'~ COMM!SSIONERS STORMWATER MANAGEMENT 0EPARTMEN-r GORDON RIVER CLEANOUT F"~P MANGROVE AL, T~RAT}ON =~R,LqT COLLIER OR~C~INAL WORK: NGVDI 1929 _qH£5- No.: 2 APRIL. 2001 )PLiCANT: J PROJECT: ¢URPOSE: COUNTY: DATUM: iEND I i PROJEC- CONDO MAINTENANCE__ OF 5 TRACT LEGEND C~ltJ~ll"f LINE .,.'~u.',!u^ ,j ,,,,,,' < ? MA~', i ,. /uuL PROJECT: PARCEL: FOLIO: Gordon River Channel Cleanout 101& 102 81940160007 & 51940240008 Prel~ared by: Ellen T. Chad~ell, EsqutCe Office of the County Attor~ 2301 East Tamtamt Trail RIGHT OF ENTRY Naples, Florida 34112 {941) 774~ CONSERVANCY OF SOUTHWEST FLORIDA, INCi, (AKA COLLIER COUNTY CONSERVANCY, INC.), a Flodda non-profit corporation, whose mailing address is 1450 Merrihue Drive, Naples, Florida 34102, hereinafter known as GRANTOR, for and in consideration of Ten Dollars ($10.00) and other valuable consideration to it in hand paid, does hereby grant unto COLLIER COUNTY, a political subdivision of the State of Flodda, its agents, contractors or assigns, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112, hereinafter known as GRANTEE, the temporary license and dght to enter upon the lands of the GRANTOR, for the sole purpose of clearing exotic brush and debris from the existing channel cross-section as described in Exhibit "A". ALL RIGHT AND PRIVILEGE herein granted shall remain in full force and effect for one (1) year from the date accepted by the Board of Collier County Commissioners. This Right of Entry shall thereafter be automatically terminated, extinguished, expired and no ionger in full force or effect. ADDITIONALLY. the rights and interest granted hereunder are conditioned upon the reasonable exercise thereof by Grantee. Grantee agrees not to unreasonably interfere with Grantor's use of the lands described in Exhibit "A", including but not limited to avoidance of noise that causes disturbance to the animals housed on Grantor's lands or to invited guests or licensees of Grantor, and Grantee agrees to provide Grantor with advance written notice when exercising its rights hereunder. Grantee further agrees that it shall, at the Grantee's cost, repair any damage caused to Grantor's property as a result of Grantee's exercise of its rights hereunder. It is understood and agreed to by the parties that the trimming of Brazilian Peppers and other exotic vegetation within the channel cross-section described in Exhibit "A" shall not constitute damages, but rather is an activity contemplated by the granting of this Right of Entry. IN WITNESS WHEREOF, the Grantor has caused this document to be executed in its name this ---/.fL day of December, 2000. WITNESSES: (Signature) (Prin,t Name) (Signature) /~'~'-.,' ~' ,i,~ (Pdnt Name) ' THE CONSERVANCY OF SOUTHWESTFLORIDA, AKA COLLIER COUNTY CONSERVANCY, INC.,aFIoridanon-profit corporation Name: Kathy Prosser Title: President & CEO Address: 1450 Merdhue Drive Naples, FL 34102 AGENDA ITE~ No.~ pg STATE OF FLORIDA COUNTY OF COLLIER The foregoing Right of Entry was acknowledged before me this~/f'L day of December, 2000, by Kathy Prosser, President & CEO, on behalf of The Conservancy of Southwest Flonda (aka Collier County Conservancy, Inc.), a Fionda non-profit corporation, who is personally known to me. (Affix Notadal Seal) '~'-"'--~~ Notary Public (Pdnt Name of Notary Public) NOTARY PUBLIC EXHIBIT "A" The West Fifteen (15') feet from top of bank of the Gordon River Channel of the following described land as recorded in OR Book 767, Page 249 of the Public Records of Collier County, Flodda and as further described as: PARCEL #2: Part of Lot #2, Naples Improvement Co.'s Little Farms, Plat Book 2, Page 2, Public Records of Collier County, Flodda, lying Eastedy of the following described line: Commencing at a concrete monument at the South 1/~ comer of Section 27, Township 49 East, Range 25 East, Collier County, Flodda; thence along the South line of said Section North 89° 26' 09" East 753.94 feet to a point; thence South 0° 21' 55" East 334.86 feet to a concrete monument on the North line of Lot #2, Naples Improvement Co.'s Little Farms and the Point of Beginning of said described line also being the West boundary of said Parcel herein being described; South 0° 21' 55" East 495.75 feet to an iron pin on the South line of said Lot 2 also being the Point of Ending of said described line. AND The West Fifteen (15') feet from top of bank of the Gordon River Channel of the following described land as recorded in OR Book 767, Page 248 of the Public Records of Collier County, Florida, and as further described as: Part of Lot ¢¢,3, Naples Improvement Co.'s Little Farms, as per plat thereof recorded in Plat Book 2, Page 2, Public Records of Collier County, Flodda, lying Eastedy and Southerly of the following described line: Commencing at a concrete monument at the South 1/, corner of Section 27, Township 49 East, Range 25 East, Collier County, Flodda; thence along the South line of said Section North 89° 26' 09" East 753.94 feet to a point; thence South 0° 21' 55" East 334.86 feet to a concrete monument on the South line of Lot #3, and the Point of Beginning of said described line; thence along said described tine and the Westerly boundary of the herein described parcel North 0° 21' 55" West 211.25 feet to a concrete monument at the Northwest comer of said described Parcel; thence along said described line and the Northerly boundary of said described Parcel North 89° 38' 05" East 729.90 feet to a concrete monument; thence continue North 89° 38' 05" East 13 feet more or less to the Easterly boundary of Lot #3, Naples Improvement Co.'s Little Farms and the Point of Ending of said described line. · XGENDA i~l~ ~_. MAR 1 2 2OO2 Project: Parcel: Folio: Gordon River Channel Cleanout 103, 107 & 108,104,/1~-~,/oaf ~1 o 61940200006, 61940480004 & 61940600004 P~epared by.' Ellen T. Chadwell, Esqut~e Office of tine County 330[ East Ta~iamt Trail Naples, Florida RIGHT OF ENTRY KNOW ALL MEN BY THESE PRESENTS, that JOAN F. TOBIN, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DORETTE K. FLEISCHMANN, whose address is 1850 K Street N.W., Suite 380, Washington, D.C. 20006-2217 (hereinafter "Grantor"), does hereby grant unto COLLIER COUNTY, a political subdivision of the State of Flodda, its agents, contractors or assigns, whose mailing address is 3301 Tamiami Trail East, Naples, FL 34112 (hereinafter "Grantee"), the temporary license and dght to enter upon the lands of the Grantor identified by the Folio numbers above, for the sole purpose and under the conditions described herein. Recitals: Grantor is the owner of real property located in Collier County, Florida, identified by the Folio numbers listed above (the "Property"). Grantee desires access to certain portions of the Property as described in Exhibit "A" (the "Property"), to facilitate the removal of brush and debds from the existing Gordon River channel cross-section and eradication of exotic vegetation on the Property which overhangs the Gordon River channel. Grantor is willing to allow to Grantee access to the Property under the terms and conditions herein. NOW THEREFORE, in consideration of the premises and other good and valuable consideration exct~anged between the parties, the receipt and adequacy of which are hereby acknowledged one to the other, the parties agree as follows: 1. The above recitals are true and correct and hereby incorporated by reference. Grantor hereby grants to Grantee the temporary license and dght to enter upon the portions of the Property extending landward fifteen (15)feet from the top of the bank of the Gordon River Channel, for the sole purpose of cleadng brush and debds from the existing Gordon River channel cross-section and removal of exotic vegetation which overhangs the River channel. This Right of Entry sha!l be in full force and effect for one (1) year from the date this Right of Entry is accepted by the Collier County Board of County Commissioners, unless terminated pdor to that date by Grantor pursuant to__.____~ Paragraph 4 or 5 herein. Provided however that nothing Shall prohibit Grantor and Grantee from extending the term of this Right of Entry by wdtten instrument recorded in the Public Records of Collier County, Flodda. In the event that Grantor, or its successors or assigns shall enter into an agreement with another party for the sale and purchase of the Property, or should Grantor cause the Property to be distributed from the probate estate, Grantor, its successors or assigns shall have the unilateral dght to terminate this Right of Entry by recording a Notice of Termination in the Public Reccrds of Collier County, Florida, which termination will be effective on the date specified therein. Should Grantee violate the terms of this Agreement, this Agreement shall automatically terminate without opportunity for Grantee to cure its violation, such termination to be evidenced by recorded instrument in the Public Records of Collier County, Flodda. Grantee shall be notified of Grantor's termination in wdting as soon as practical but no later than five (5) days after violation. Grantee agrees to provide at least ten (10) days wdtten notice to Grantor at the address above, or such other address as Grantor shall provide to Grantee from time to time, of its intention to exercise its Right to Enter, specifying ;he date(s) and approximate time on which Grantee intends to enter the Property. If Grantor determines in its sole discretion that entry on the date an{: time indicated in the wdtten notice will interfere with special events or the ongoing business conducted on the Property, Grantor may notify Grantee that Grantee's access on the date and time indicated in the written notice is denied. Such notice shall be provided no later than three (3) days before the proposed date of entry Grantor agrees. In such event, Grantor will provide Grantee with an alternate date and time on which access will not interfere with Grantor's activities on the Property and Grantee will delay access until the date and time s;ecified by Grantor. Grantor shall make every reasonable effort to provide ar} ~.:ernate date within seventy-two (72) hours of the proposed date and agrees :o cccoerate with Grantee in the exercise of Grantee's rights herein. Any notice given pursuant to Paragraph 6 shall automatically exp:e f Grantee fails to exercise its right thereunder on the date and time specified !n '.he notice unless an extension thereto is provided by Grantor in wdting prior ;o expiration. Grantee may assign its rights under this Right of Entry only upon :r~e odor wdtten consent of Grantor, which may be withheld for any reason or mo reason at all, or may be conditioned as Grantor in its sole discretion deems necessary. 10. The rights granted herein are conditioned upon the reasonable exerc:se thereof by Grantee, and Grantee agrees not to interfere with GrantoYs use of the Property. 11. Grantee hereby undertakes to indemnify and save harmless Grantor. its respective parent and affiliated companies, and agents, officers, al;rectors, employees, members, partners, successors and/or assigns (the "lndemnitees"), from any liability or damages Indemnitees may suffer as a result of claims, suits, demands, damages, losses, fines, penalties, interest, expenses, costs, or judgments against them adsing out of Grantee's exercise of its right to enter the Property for the purposes set forth herein. This indemnification includes claims, suits, demands, damages, losses, fines, penalties, interest, expenses, costs, or judgments adsing out of personal injury, property damage, environmental contamination, and any other event in any way related to Grantee's use of the Property for these purposes, no matter how remote, and shall include damages of any nature, whether compensatory, consequential, punitive or otherwise, all costs incurred in the defense of every claim, demand, cost or judgment, whether attorney fees or otherwise, and all costs incurred by Indemnitees in the enforcement of this Agreement, and will extend from the date of this Agreement until termination of this Right of Entry in writing by either party and as provided herein. Wdtten termination of this Right of Entry shall in no way limit Grantee's obligations hereunder for claims, suits, demands, damages, losses, fines, penalties, interest, expenses, costs, or judgments of any nature, that arise out of Grantee's use of the property pdor to the date of the termination. This provision 12. 13. shall not apply to any damages suffered by Grantor as a result of the execution, recording and existence of this Right of EntrY. In the event that Grantee shall contract with any non-govemmerttal entity to provide services related to the purposes of the Right of Entry provided herein, the non-governmental entity shall, pdor to entedng upon the Property and at all times thereafter, obtain and maintain comprehensive bodily injury and property damage liability insurance on a per-occurrence basis with minimum limits of liability in an amount of Three Hundred Thousand Dollars ($300,000.00) combined single limit, and including a ioss payable clause in favor of Grantor, naming Grantor as Additional Insureds under the poiicy, and shall provide evidence of such insurance prior to use of Grantor which shall include a provision that the insurance may be cancelled only upon forty-five (45) days pdor wdtten notice to Grantor. Grantee agrees that it shall repair any damage caused to Grantor's property as a result of Grantee's exercise of its dght hereunder, all at no cost to Grantor. It is understood that removal of exotic vegetation or trimming of non-exotic vegetation within the Gordon River channel cross section shall not constitute damage to Grantor's property, so long as such trimming of non-exotic vegetation is limited to that necessary to clear the channel cross section and is in accordance with commonly accepted horticultural practices. 14. Exotic vegetation shall be treated and removed by "hack and squirt" methodology to prevent re-emergence of the exotic vegetation. 15. All vegetative debris shall be removed from the Property by Grantee at Grantee's sole expense. IN WITNESS WHEREOF, the parties hereto have set their hand on this the day of 2001. Grantor: (,.~igoatu~) (Print Name) (Print Name) STATE OF '~'/¢ COUNTY O.F' JOAN F. TOBIN, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DORE ,'~-,' E K. FLEISCHMANN Joan F. Tobin, as Personal Representative The foregoing instrument was acknowledged before me this / ~ day of Fle~is h' 2001, by Joan F. Tobin, as Personal Representative of the Estate of Dorette K. mann. She (~L.~is personally known to me or ~_ ) has produced as identification. Grantee: Attest: By: Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, a political subdivision of the State of Flodda 3ames N. Coletta, Chairman Ellen T. Cbtdme11 EXHIBIT "A" PARCEL 103: The West Fifteen (15') feet from top of bank of the Gordon River Channel of the following described land as recorded in OR Book 2244, Page 555 of the Public Records of Collier County, Florida and as further described as: Lots 3, 4, 5 and 6 of Naples Improvement Company's Little Farms, according to the plat thereof recorded in Plat Book 2, Page 2, Public Records of Collier County, Flodda; together with all buildings thereon: subject to the following easements of recorded to Florida · Power & Light Company relating to said Lot 6; (a) An easement dated June 10"~, 1953, recorded in Deed Book 30 at Page 395 of said Public Records; and (b) An easement dated June 10"~, 1953, recorded in Deed Book 30 at Page 397 of said Public Records. Less and Except: Part of Lot #3, Naples Improvement Co.'s Little Farms, as per plat thereof recorded in Plat Book 2, Page 2, Public Records of Collier County, Florida, lying Easterly and Southerly of the following described line: Commencing at a concrete monument at the South 1/~ comer of Section 27, Township 49 East, Range 25 East, Collier County, Florida; thence along the South tine of said Section North 89° 26' 09" East 753.94 feet to a point; thence South 0° 21' 55" East 334.86 feet to a concrete monument on the South line of Lot #3, and the Point of Beginning of said described line; thence along said described line and the Westerly boundary of the herein described parcel North 0° 21' 55" West 211.25 feet to a concrete monument at the Northwest comer of said described Parcel; thence along said described line and the Northerly boundary of said described Parcel North 890 38' 05" East 729,90 feet to a concrete monument; thence continue North 890 38' 05" East 13 feet more or less to the Eastedy boundary of Lot #3, Naples Improvement Co.'s Little Farms and the Point of Ending of said described line AND Beginning at the Northwest comer of Lot 6, Naples Improvement Company's Little Farms, according to a plat thereof recorded in Plat Book 2, at Page 2 of the Public Records of Collier County, Florida; run South on the West Line thereof for 60 feet; thence run East parallel with the North lot line for 800 feet; thence run South parallel with the West lot line for 220 feet, more or less, to a line parallel with and 50 feet (measured at dght angles) North of the South lot line; thence run East parallel with the South lot line for 900 feet, more or less to the waters of Gordon River Canal; thence Northeasterly for 280 feet, more or less, along the waters of the said Canal to the North line of the said Lot 6; thence West on the said North line for 1880 feet, more or less, to the Point of Beginning. Page 1 of ~.~ AND PARCEL 107: The West Fifteen (15') feet from top of bank of the Gordon River Channel of the following described land as recorded in OR Book 2244, Page 555 of the Public Records of Collier County, Flodda and as further described as: North ~ of Lot 7, less the West 1388.34 feet, Naples Improvement Company's Little Farms, as per plat thereof recorded in Plat Book 2, Page 2, Public Records of Collier County, Flodda. AND PARCEL 108: The West Fifteen (15') feet from top of bank of the Gordon River Channel of the following described land as recorded in OR Book 2244, Page 555 of the Public Records of Collier County, Florida and as further descnbed as: Ail of Lot 8, Naples Improvement Company's Little Farms, except the West 1654 feet according to the plat thereof recorded in Plat Book 2, Page 2, Public Records of Collier County, Flodda; the East and West boundary lines of said Parcel being measured from the West line of said Lot 8 (said West line of Lot 8 lying 25.00 feet East of the North and South './, Section line of Section 27, Township 49 South, Range 25 East, Collier County, Florida); containing approximately 3.2 acres more or less. Page 2 of~3 2002 EXHIBIT "A" PARCEL 109: The West Fifteen (15') feet from top of bank of the Gordon River Channel of the following descdbeci land as recorded in OR Book 1047, Page 1206 of the Public Records of Collier County, Florida and as further described as: Parcel 20: Lot 9-11, inclusive, less west 20 feet, less road right-of-way, Naples Improvement Company Little Farms, said land located in Collier County, Flodda; less additional road right-of-way granted in OR 876, page 1716. AND PARCEL 110: The East Fifteen (15') feet from top of bank of the Gordon River Channel of the following described land as recorded in OR Book 1047, Page 1206 of the Public Records of Collier County, Flodda and as further described as: Parcel 20: All of Lot 97, Naples Improvement Company Little Farms, said land located in Collier County, Florida. AND PARCELS 104 & 105: The West Fifteen (15') feet from top of bank of the Gordon River Channel of the following described land as recorded in OR Book 1047, Page 1206 of the Public Records of Collier County, Florida and as further described as: Parcel 22: Parcel described in Official Record Book 54, Page 464, run less area described in Official Record Book 55, Page 407, being north 60 feet of Lot 6 of Naples Improvement Company Little Farms, located in Collier County, Florida, and as further described as: Beginning at the Northwest comer of Lot 6, Naples Improvement Company's Little Farms, according to a plat thereof recorded in Plat Book 2, at Page 2 of the Public Records of Collier County, Florida; run South on the West Line thereof for 60 feet; thence run East parallel with the North lot line for 800 feet; thence run South parallel with the West lot line for 220 feet, more or less, to a line parallel with and 50 feet (measured at fight angles) North of the South lot line; thence run East parallel with the South lot line for 900 feet, more or less to the waters of Gordon River Canal; thence Northeasterly for 280 feet, more or less, along the waters of the said Canal to the North line of the said Lot 6; thence West on the said North line for 1880 feet, more or less, to the Point of Beginning. PROJECT: Gordon River Channel Cleanout PARCEL: 106 FOLIO: 61940360001 I~epared by'. ~.ll Ellen T. Chaow~ , Esquire Office of the County Attor~e) 3301 East Tamtamt Trail Naples, Florida 34[12 (941) 774-84O0 RIGHT OF ENTRY KNOW ALL MEN BY THESE PRESENTS that DARLENE STONEBURNER LOFGREN, AS TRUSTEE OF THE DARLENE STONEBURNER LOFGREN REVOCABLE TRUST, DATED MARCH 10, 1992, whose mailing acaress is 2150 Goodlette Road North, Suite 700, Naples, Flodda 34102-4812, hereinafter known as GRANTOR, for and in consideration of Ten Dollars ($1000) ar'c other valuable consideration to it in hand paid, does hereby grant unto COLLIER COUNTY, a political subdivision of the State of Flodda, its agents, contractors or assigns, whose mailing address is 3301 Tamiami Trail East, Naples, Flodda 34112, hereinafter known as GRANTEE, the temporary license and right to enter upon the lands of the GRANTOR, for the sole purpose of cleadng brush and debds from the existing channel cross- section as described in Exhibit "A". ALL RIGHT AND PRIVILEGE herein granted shall remain in fui %rce and effect for one (1) year from date accepted Dy the Board of Collier Cour-ry Commissioners. This Right of Entry shall automatically be renewed for a further penod of one (1) year at the end of each demised term and shall continue in full force and effe,,:'. Cnless either party has notified the other by registered or certified mail, return rece~,', requested, at least ninety (90) days prior to the expiration of the demised term of qs .m:ention not to renew. ADDITIONALLY, the rights and interest granted hereunder 3re conditioned upon the reasonable exercise thereof by Grantee. Grantee agrees not to unreasonably interfere with Grantor's use of the lands described in Exhibit "A", and agrees to provide Grantor with advance notice when exercising its rights hereunder. Grantee further agrees that it shall, at the Grantee's cost, repair any damage caused to Grantor's property as a result of Grantee's exercise of its dghts hereunder. It is understood and agreed to by the parties that the tnmming of Brazilian Peppers aha other vegetation within the channel cross section described in Exhibit "A" shall not constitute damages, but rather is an activity contemplated by the granting of this Right of IN WITNESS WHEREOF, the Grantor has caused these presents to be executed in its name this ,/'~'r~ day of ~ , 2000. WITNESSES: (Signature) __- __ (Print Name) nature~' _ .// (Print Name) of the Darlene Stonebumer Lofgren Revocable Trust, dated March 10, 1992 Address: 2150 Goodlette Road North, Suite 700 Naples, Florida 34102-4812 STATE OF COUNTY OF % The foregoing Right of Entry was acknowledged before me this''/l,'"f'''rW day of j'~~C_J~ ,2000, by Dadene Stonebumer Lofgren, Trustee of the Darlene Stonebumer Lofgren Revocable Trust, dated March 10, 1992, who is personally known to me or who has produced as identification. (Affix Notadal Seal) ~' ~l~C~#cc~r~o~ ~ (Print Name of Notary Public) NOTARY PUBLIC Serial/Commission # E.E-¢~E&~ My Commission Expires:~-~,-4~ EXHIBIT "A" The West Fifteen (15') feet from top of bank of the Gordon River Channel of the following described land as recorded in OR Book 1772, Page 1484 of the Public Records of Collier County, Flodda and as further described as: A parcel of land lying in Lot 7 of Naples Improvement Company Little Farms, as recorded in Plat Book 2, Page 2, Records of the Public Records of Collier County, Ftodda being more described as follows: Commerce at the Southwest comer of Lot 7 of Naples Improvement Company Little Farms, as recorded in Plat Book 2, Page 2, Records of the Public Records of Collier County, Florida; thence N89°17'39"E for 50.0 feet to the East right-of-way line of State Road No. S-851 (Goodlette-Frank Road); thence continue N89°17'39"E for 908.34 feet to the POINT OF BEGINNING; thence continue N89°17'39"E for 895 feet more or less to the mean high water line of the Gordon River and a point hereinafter referred to as Point "A"; thence return to the Point of Beginning and run N00°39'49'M/for 330,03 feet; thence N89°17'39"E for 60 feet; thence S00°39'49"E for 165.02 feet; thence N89°17'39"E for 935 feet more or less to the mean high water line of the Gordon River; thence meander Southwesterly along the mean high water line of the Gordon River for 200 feet more or less to Point "A" and the POINT OF ENDING; containing 3.81 acres more or less. PROJECT: Gordon River Channel Cleanout PARCEL: 111 FOLIO: 74960040000 TEMPORARY RIGHT OF ENTRY KNOW ALL MEN BY THESE PRESENTS that MARLO MELUCCl, whose mailing address is 1300 Bembury Drive, Naples, FL, 34102, (hereinafter known as Grantor), for and in consideration of Ten Dollars ($10.00) and other valuable 'sideratian to it in hand paid, does hereby grant unto COLUER COUNTY, a political division of the State of Florida, its agents, contractors or assigns, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112, (hereinafter known as Grantee), the temporary license and right to enter upon the lands of the Grantor, for the sole purpose of providing access to the existing canal as described in Exhibit "A". ALL RIGHT AND PRIVILEGE herein granted shall remain in full force and effect for one (1) year from date accepted by the Board of Collier County Commissioners. THIS EASEMENT is granted for the express purpose of providing Grantee temporary access to Grantor's lands as described above, and for the purpose of storing material and equipment during the course of the Gordon River Channel Cleanout project. Some of the activities may include, but are not limited to, the unloading of bundles of cut tree limbs and trunks from a small barge, storing dumpsters for transporting to a off-site disposal site, use of a lift or crane for unloading of bundles, mooring of a smail barge along the existing seawall and operating mulching machinery on-site with the chips being transported to a off site disposal site. ADDITIONALLY, the rights and interest granted hereunder are conditioned upon the reasonable exercise thereof t~y Grantee. Grantee agrees not to unreasonably interfere with Grantors use of the lands described in Exhibit "A", and agrees to provide Grantor with advance notice when exercising its rights hereunder. Grantee further agrees that it shall restore the surface of the property described in Exhibit "A" to the condition existing prior to commencement of use. It is understood and agreed to by the parties that access to the existing channel will be across the property described in Exhibit "A" and shall not constitute damages, but rather is an activity contemplated by the granting of this Right of Entry. IN WITNESS WHEREOF, the Grant~r has caused these presents to be executed in its name this / ~t day of ,,.~.~,.¢.~, 2001. WITNESSES: ,.f~ignature) ~ (Print Name) (Print Namet Address: 1300 Bembury Drive Naples, FL, 34102 STATE OF ~ ~,~'~ COUNTY OF (Affix Notarial Seal) !~-.,,~ .-.'..,~, ~* c ~., The foreta~oing T%mporary Right of Entry' was acknowledged before me this . day of t,/Jlf~Ll¢ ,2001, by Marlo Melucci, who i~["per--sonall~-known__ . ~ me or who has proc~(~ed as identification. (Signature of Notary Public) (Print Name of Notary Public) NOTARY PUBLIC Serial/Commission # ~, '] ~OG5 Q My Commission Expires: [~- It- O-R -~~t ~r. Count~ Attorne~ Ass s a E~len T. Chad. 11 EXHIBIT "A" Outlot'"A", Storter Subdivision, in accordance with and subject to the plat recorded in Plat Book 5, Page 106, Public Records of Collier County, FLorida. AGENQA ~/~h 1 2 2002 EXECUTIVE SUMMARY REQUEST FOR SPEED LIMIT REDUCTION FROM 30 MILES PER HOUR (30 MPH) TO TWENTY FIVE MILES PER HOUR (25 MPH) ON ALL LOCAL STREETS 1N LELY. T h e -cep]_aceme~: of signs at a total cost of approximately $ 100.00. OBJECTIVE: To gain Board approval of a Resolution for speed limit reduction in the Lely neighborhood bounded by U.S. 41 on the West, St Andrews Boulevard on the East, Rattlesnake Hammock on the North, and Naples Manor on the South. CONSIDERATIONS: In response to concerns expressed by the neighborhood regarding traffic safety issues, Transportation Staff is seeking a reduction of the posted speed limit on all local streets throughout the Lely neighborhood (Attachment #1), from 30 MPH to 25 MPH. Transportation Staff has determined that a lower speed limit of 25 MPH is necessary to address the safety concerns and accident potential in this high-density, residential neighborhood. Additionally. the speed limit reduction ~vill assist the County Sheriff's Office in terms of enforcement capability. Resolution 96-340 (Attachment #2), adopted on August 6, 1996, provides for a reduction of speed limits based on StaWs recommendation, a citizens' petition. Board approval, and subject to availability of adequate monetary and personnel resources. A v,'ritten request (Attachment03), has been received by both respective neighborhood Associations for this action. As the Associations speak for the neighborhood, Staff recommends waiving the petition requirement under Resolution 96-340. -,.,,..FISCAL IMPACT: The estimated cost of installing the necessary speed limit signs is S100.00. Funds ,' are available in the Transportation Services Fund (101). GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: the attachment. SUBMITTED BY: Edx[~ J. Ka. aspo~ation ~erations Director ~PROVED BY:~ AICP, Transpo~ation Administrator N~ E J F~, / / Attachments: ~ 1 Area ~lap n2 Resolution 96-340 ~3 Association Request That the Board approve reducing the speed limit in Lely as shown in DATE: ~0//25-&, z DATE :~/'~/,~ DATE: '""/'- AGEND/~.{TEM,. ( MAR 12 2002 0 .<~ ii 0 Z EL. Z ./ J- AGENDA4TEM i~o. II.rB ~_____~ RESOLUTION NO. 96.. RESOLUTION TO AUTHORIZE REDUCTIONS OF SPEED LII~rTs TO TWENTY FIVE MILES PE~ HOUR (25 MPH) ON DESIGNATED PLA ~ ~,,u LOCAL F, ESIDENTIAL SUBDIVIS]ON ROADWAYS THAT ARE THEN DEDICATED TO PUBUC USE WITHIN COLLIER COUNTY, SUBJECT TO MANDATORY PREREQUISITES. WHEREAS, Section 316, Flotilla S~a['ur. es, and Collier County Ordinance No. 91-25 authorizes tyre Boarcl of County Commissioners t.o alter or esl~bllst~ speec~ limit~ on roaas uncler its juriscllctJon; and WHEREAS, many local suOcllvision roaOwavs fall unOer the jurisOicOon of the Boarcl. of County Commissioners; ancl WHEREAS, in accordance with Sect. ion _z16, Floricla 5'catutes, ancl Collier COunty Ordinance No. 91-25, many local DtatT. eCl resiOential suDclivision roaOways are construcl:ecl with lane wlclt~s In anticipation of accommoOacing only Iow ~rafftc volumes tTaveting aC low sPeeOs; anC WHEREAS, the Boar0 of County Commissioners t~as sec l)rece0en~ by es~aDJisr~ing a 25 MPH sl)eed limit on many of the l)la~ecl local resiclen[iai subdivision roaclways wit:nih Collier Count'y; an0 WHEREAS, DuDlic no1:lficacion I~as been a0veroseo ~"wo (2) weel~ prior Co r. ne Collier County Boarcl of County Commissioners' I~ublic meetings I~elcl 1:o consioer the l)rol~osecl sDeecl Ilmll: re0uc~ons ~o 25 MPH; VVHEEEAS, insDections Promulgate0 Dy recluests of cl'dzens Co lower the sloeecl limits within resiclenlaal areas I~ave recentJy conflrmea ti'tat many of the roaclways wil~in olcler suDcllvisions in me county I~ave been consCructecl below me current County subcllvlsion ~canoarcis anti w~nict~ roacis are uQlizecl concurrently by vel~icles, peaes~ans, ancl cyclists, anti w~tcl~ roacis t~ave l~een const3'uctect for only Iow-volume, Iow-sDee~ t3-avel; THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF 1. Speecl limits on roaas may be Iowerect, wl~en cteterminecl Dy tt~e Coun'cy's TransDor'cal~ion DeDar13'nenl: ~) De warrantecl, 1~ ?.5 MPH on the I)latT. ecl anti accel)cecl local subc~lvision roaclwavs, iml)lementation of those si~eecl zones Dy the Tr-ansDorcaQon De, afl:merit sl~all De sul:)jec'c in eact~ Instance to l~aving receivecl a citizens' l)etit~on me~_ting County recluiremencs anO AGENDA MAR 1 2 2002 reques~ng same, in accorc~ance wire engineenng soJclles, gaining Board of county Commissioner ap!oroval, and subjecl:: ~o avaflaDillL'y of adecluare mone~a~ and personnel resources. The ef-fecl:lve clare of each s~eecl limit reducl:lon by mac[ segment sl~all not De t.trtttl a} Boarcl of county Commlss~on approval; anc~ Post~ng of appropriate speed limit slgnage; an~ Written no~lflca~on of each such speed limit rectuc~on has been delivered ~o ~lle Collier CcunL"y Sheriffs Office. The CounL'y's Transpor~arJon DeDan3'nent will review each resl3eC~lve residen~Jal roadway uoon receiving a ct~zens' pet3~ton for suct~ ac~lon from me reslnen~s requesting r. ha: cne respective speecl limit be lowered. After me completion of traffic engineering 5'~udies as men required Dy Florida 5'~acu:es and/or Collier CounP/3rdinance, me Collier Count~/Transpor~a~on DeDartTnen£ wtll make i~s F~commendarJon anti ~e Board of County commission will t~l(e action ~_o gen¥ t33e recluest, or ~o approve me reques~ and authorize :he Transoo~a::~n ,3ebart3men£ a3 commence lowering ~he resl3ec:lve speect limits, subject 'to providing written noClflca~on of each suc,~ recluc:ion ~o me Collier ggL. P~D/Sheri~s office. Au:norizacion Is hereby g~ve~ {s me county's Transportation Deoa~b.en: Co erect approDrlace speecl iim[: signs In accorc[ance wi~ each respective speec~ limi: reduction cause~ pursuant ~3 t3~ls Resolution, and in accordance wire section 316, Floncla $~a:u:es, and wire Collier CounD/Ordinance NO. 91- 25, as men amended. Nocwims~andlng any ol3her provision herein, speed Ilmit~ shall remain aC t3hir~/ miles per hour (30 MPH) on local subcllviSion roadways wit31 areas of Collier CounL-y now or hereafter platt, et[ as 'The Golden .Gate Estates', ant[ also on ail roaclwavs 13hen pla~ced or 13hen accepted as 'local coun~'Y roadways' provided sUch roads are hell. er wlCl~ln a suDcllvision nor are men subject [0 Ct~e establishment of different speed limits in accordance wl~J~ applicable Florida S~aD.n~s andJor wil3h Count/Ordinance No. 91-25, as men amencled. The Clerk :o me Board shall provide a ~3-ue copy of ~Js resolution to ~e Collier COUnL'y shertff's Office. AGENDA LTEN[ _ _AR 2002-J THIS RESOLUTION ADOPTED THIS ~ DAY OF ~ 1996, AFTER MOTION, SECOND AND MAJORITY VOTE. DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS Aaaia~t County Attorney (Revised par Board Dffecdon 8/6/96) AGENDA;TE~ No._ !Lrl~ (~- MAR 1 2 2007. Page 1 of l morris_g From: DARVFES@aol.com Sent: Saturday, January 26, 2002 9:03 AM To: geraldmorris@colliergov.net Subject: St. Andrews Boulevard - Lely Golf Estates - Lely Country We would like to request that a survey be conducted regarding the Iowedng of speed limits from 35 mph to 25 mph, (where the speed limit is 20 mph we would like it to remain at that speed, no increases) and the installation of additional speed bumps on St. Andrews Boulevard in Lely Civic Assn. and Lely Country Club Property Owners Associations (from Rattlesnake Hammock Road to Route 41 as well as other selected areas). This request is submitted by the Presidents of both Property Owners Associations: George B. Ramsey President of Lely Civic Assn., Inc. and Dudley Chism, President of Lely Country Club Property Owners Association. Please contact George Ramsey at 732-5504 should you have any questions or need further information 2,,'11/2002 AGENDA.ITEM ? No._ /Ur 4AR 1 2 2007. Pg._ LC' EXECUTIVE SUMMARY APPROVE THE LEASE AGREEMENT WITH COLLIER COUNTY SCHOOL BOARD FOR THE USE OF VINEYARDS ELEMENTARY SCHOOL MEDIA CENTER TO CONDUCT PUBLIC INFORMATION MEETING FOR THE DESIGN AND PERMITTING OF VANDERBILT BEACH ROAD. COLLIER COUNTY PROJECT NO. 63051, CIE NO. 24 OBJECTIVE: To obtain approval from the board of County Commissioners to enter into a lease agreement with the Collier County School Board, allowing the Transportation Engineering and Construction Management Department (TE & CM) to use Vineyards Elementary School cafeteria for a public information meeting scheduled to be held on Thursday, March 21, 2002. CONSIDERATIONS: The TE & CM staff is planning to conduct a public information meeting regarding the Vanderbilt Beach Road Widening Improvements (project #63051, CIE #24) at the Vineyards Elementary School media center. The purpose of this meeting is to allow the general (property owners, residents, public interest group's), and school staffs) public to express their concerns and at the same time get a general concept of the proposed improvements. FISCAL IMPACT: The fiscal impact to Collier County is none. GROWTH MANAGEMENT IMPACT: This Capital Improvement project is consistent with the Capital Improvement Element of the Growth Management Plan. CIE No. 24 RECOMMENDATION: That the Board of County Commissioners approve the lease agreement with Collier County School Board for the use of Vineyards Elementary School cafeteria and authorize the Transportation Services Division Administrator to execute same. A. Nyankadau Korti, M.B.A., Project Manager ~nsj~T ns rtation.Engineering & Construction Management Department /~/Lynrl Thorpe, P.E., Project Manager, Principal Trans )qttation E,r)gineering & Construction Management Department T 'CM, Director tra, ~portation Engine.~ing & Construction Management Department Jacqueline Hubbard Robins(~;l~, Assistant County Attorney ' ' ~ County}~ttorney's 9ffice Norman Feder, AICP, Administrator Transportabon Services Division MAR 1 2 2002 FAX Collier County Government TRANSPORTATION SERVICES DIVISION 2675 S. HORSESHOE DRIVE, SUITE 401 Naples, Florida 34104 Phone: (941) 774-8192 Fax: (941) 774-9370 To: Jacqueline Hubbard Robinson Assistant County Attorney From: Connie Deane Community Liaison Fax: 774-0225 Pages: 3 Phone: Date: 2-28-02 Re: Vanderbilt Beach Road 60°, ~ cc;: Design Public Information Meeting Plans Revised Please find accompanying this cover sheet a copy of the proposed School Facilities Lease Agreement for use of the \.'ineyards Elementary School media center on March 21, 2002 from 4 to 7 p.m. with section II conditions, category A, paragraphs 14 and 18 crossed out as you directed. Thank you for offering to present this to the school board's attorney to confirm that it will be accepted after commissioners sign and authorize it on March 12 so that we can proceed with planning the meeting on March 21. AOEHI~A,I, TEM--- No._.__.L~,"') MAR 1 2 2O02 Transportation Engineering and Construction Management SCHOOL FACILITIES LEASE AGRI I MENT THIS LEASE, entered into this 28 day of Feb. ,~0 .,0,,_2 by and between the School Board of Collier County, Florida, hereinafter referred to as the School Board, and Cellist (~ urlty ,hereinafter referred to as the User, Board of ~, y s cunt Commi sioners WITNESSETH: The partiesto this lease have agreed that the following terms and conditions shall be applicable fo the lease of any of the School Board facilities described herein. 1. School Board Policy No. KG, as adopted by the School Board, May 6, 1982, shall be incorporated by reference into this Lease and is included on the reverse as a part hereof, and the parties agree to be Pound by the terms and conditions found herein. 2. The following information is presented by the User in order to obtain the required facilities and the User affirms that said facts are true and correct to the best of its knowledge and belief: a. Nemeofechooh Vineyards Elementary School b. Dates bulldlng to be used: March 21 c. Number of meetings: One d. Hours building to be used: 3-7p. m. e. Anticipated attendance: 100 f. Purpose of use: Public information meeting g. lameetlngfreatopubilc: yes h. What price Is charged to attend: N/A I. Nameoforganlzatlonuslngfacillttes: Uo.Ll±er 6oun-cy Board aZ L;aunl;y Camm±ss±driers J. Name of User's Presldsnt snd telephone number: Jim Coletta, Chairman of 8card of County Comm. k. Name of User's Treasurer and telephone number: 1. Furnishings or special preparations needed: Tables IT1. Check (X) facilities needed: * )Classroom ( ) Auditorium ( ) Baseball Field ( ) Football/Soccer Field )Cafeteria, Science/ _Middle _Without lights _Without Lights Vocational Lab _High _With lights _With Lights )Kitchen _LELY HIGH ( ) Softball Field ( ) Track )Gymnasium ( ) Outside Play flews _Without lights _WlthoutLights _Non HVAC _Non-watered _With lights With Lights _Middle w/HVAC _Watered (X) O-~HER ,v~ '~ ~ ~ ~- __High w/HVAC * Use of these facilities is allowed for up to six (6) hours ct the current rentat rates, regarC[ess cf the number of events scheduied within this time limit. Use in excess of six (6) hoursshail be charged a prorated amount ~n minimum increments of two ~2¢ hours each. I (We), Collier Coun:v (User),alegatcorporation and/or citizens of the State of Florida and of the United States of America, do solemnly swear or affirm that I will support the Constitution of the United States and of the State of Florida; that I am not a member of the Communist Party; that I have not and not lend my aid, support, advice, counsel or Influence fo the Communist Party; that t do not believe in the overthrow of the Government of the United States or of the State of Florida by force or violence; that I am not a member of any organization or party which believes In or teaches, directly or Indirectly, the overthrow of the Governmenf of the Un/fed States or of the State of Florida by force or violence. Furthermore, the organization that I represent subscribes to the above statements of loyalty. SIGNATURE ADDRESS ALL leases expire June 30th. Continuous leases 5fL'ST be renewed at the school prior to June I. (A~ollcants. please do no write below this line) CiTY Attachments: If applicable: ZIP PHONE Verification of Insurance List of dates faciliues will be used Check payable to Collier County. ~..lblic Scncc;s Copy of program/presentation Before this lease becomes olflclal, it must bear the designated signatures. Principal Associate Supt.,Operational Services ALL payments must be made In advance. RENTAL FEE SALES TAX DEPOSIT ADDITIONAL S CHARGES TOTAL .$ White: Assoc. Supt., Operational aery. Yellow: Business Services 31114 Rev. 08/99 = S__per use X uses or Tax Exempt I.D..e (High School auditoriums) AGENDA iTEM Che k hoM^e ~2 '~nn'~ Pink: S~hoo~ Oolc~:2'~ser 7,-'E COLLtEn COUNTYPUBL'C SCNOOL SYSTEMIS AN EQUAL ACCESS,' EQUAL OPPORTUNITY INSTITUTION =OR EDUCATION AND EMPLOYVENT. Executive Summary Page 1 of 2 EXECUTIVE SUMMARY APPROVE REQUEST TO TERMINATE REUVEN HAIM BUILDERS, INC. DEVELOPER CONTRIBUTION AGREEMENT WITH COLLIER COUNTY FOR RADIO ROAD IMPROVEMENTS, AND RELEASE DEVELOPER AND COLLIER COUNTY FROM THE REMAINING OBLIGATIONS AND BENEFITS OF THE CONTRACT OBJECTIVES: To obtain Board of County Commissioners approval for termination of The Developer Contribution Agreement [hereinafter "DCA"] executed by the County on August 26, 1997 between Collier County and Reuven Haim Builders, Inc. CONSIDERATION: The DCA provided for the delivery of impact fee credits based upon the cost of the construction of both the southern and northern portions of outfall drainage swales between Radio Road and the Golden Gate Canal. Reuven Haim Builders, Inc. decided to incorporate the Radio Road outfall into a lake system within the Sapphire Lakes development. The total impact fee credit amount was determined to be One Hundred Sixty Two Thousand Seven Hundred Thirty Seven Dollars and Ninety-Three Cents ($162,737.93). Only the northern portion of the drainage outfall from the north right-of- way line of 1-75 to the Golden Gate Canal has been constructed and therefore only the credits for this section were available in the total amount ofS72,697.54. Out of this amount only $3,145.54 remains available. County staff requested, but did not receive a reply to a request for assurances that Reuven Haim Builders, Inc., [hereinafter "Reuven Haim"], would be able to complete the drainage improvements in a timely fashion. Additionally, pursuant to the language in the first "~vhereas clause" of the relevant Developer Contribution Agreement, Reuven Haim's failure to construct the drainage facilities in a timely fashion constitutes a breach of the DCA. Both parties to the agreement understood at the time it was entered into that "...it was in the best interest of the public for staff to initiate and complete the construction of the outfall swale within the life of the permits, in advance of the roadway construction from Santa Barbara Boulevard to State Road 84." Also, the agreement, by its express terms requires that it is "...to be consistent with the public interest." Collier County began the construction of the roadway improvements on December 19, 2001 and needed assurance that the drainage facilities would be in place when required because it faces a potential Ten Thousand Dollar ($10,000.00) per month penalty if not completed by September 30, 2002. The current date for completion of the project is nmv set at mid August, 2002. The Collier County permit in existence at the time of the execution of the DCA expired before either the remainder of the swale or the a~'~r"l~'-_ ~'( ' 'Z-~ c--~ was permitted or constructed. Further, Collier County has recently been info, rnq4k, that no '~~.xO' ; 2 2002 Execuuve SummaD' Page 2 of 2 permit has been issued by the United States Army Corps of Engineers for the construction of the lake system. It should also be noted that the existing permit issued for the lake system of drainage into the Sapphire Lakes development by the South Florida Water Management District is issued in the name of"Naples Associates", not Reuven Haim. Naples Associates was not a party to this DCA and Collier County may have limited enforcement authority directly against it. Additionally, Collier County is not in privity of contract with that legal entity. The party responsible, [pursuant to the DCA], not only for obtaining the permit but also for constructing the improvements in a timely fashion, is Reuven Haim and it has done neither. Additionally, County staff has been informed that Reuven Haim has no assets. FISCAL IMPACT: There will be additional costs associated with completing the project, however these are not thought to be substantial. GRO'WTH MAMAGEMENT: There is no impact on growth management. RECOMMENDATION: Approve staff's request for termination of the DCA with Reuven Haim Builders. Inc.. Assistant County Attorney' REVIEWED BY: ~ ~{" (~'''- ~ ~ A1 Ruth~ Project Manager Transportation Div(sion ~ t APPROVED BY: f /_)~,<~//¢'/,-~'-- Norm~in'Fedef TranSportation Administrator DATE: DATE: EXECUTIVE SUMSIARY APPROVE A STANDARD CONSTRUCTION CONTRACT IN THE AMOUNT OF $856,318.70 WITH K.E.R. ENTERPRISES, INC. D/B/A ARMADILLO UNDERGROUND FOR THE CONSTRUCTION OF A LARGE STORM D RAIN FOR THE WIGGINS PASS ROAD OUTFALL PROJECT ALONG GULF HARBOR DRIVE (PROJECT NO. 31212) BID NO. 02-3330 OBJECTIVE: To provide an improved stormwater outfall /.,:,r the Wiggins Pass drainage basin north of Wiggins Pass Road and also provide increased driver safety by enclosing the existing roadside ditch immediately adjacent to the west edge of pavc:,aent of Gulf Harbor Drive. CONSIDERATIONS: On December 26. 2001. the County released an Invitation to Bid for construction of the Wiggins Pas Road Outfall Drainage hnprovements Phase I. This stormv~-ater construction project entails enclosing the existing steep si,lcd roadside ditch along the west side of Gulf Harbor Drive. The design plans identified an ori~i~:al proposal plus two alternatives for using either 72" diameter reinforced concrete pipe or 4' x 7' ;-einforced concrete box culvert. During the course of the bidding, there were four addenda p:~c ~:ages sent out to the interested parties. On February 8. 2002 the five bids that were received xvc?c ,;' ,::~ed with the following results: ()ri ~inal .. i:c:-p~ate A Contractor '~2" P, CP 4' x.-" '7 ,x '72"RCP Alternate B 4'x7' Box Culv. Armadillo Underground Florida State Underground Haskins. Inc. Douglas N. Higgins, Inc. Mitchell & Stark 704.182.45 ~ ~.554.75 842,743.70 ,04..~ 1 1.027.430.59 990.776.14 i ?'~!~.t ~ 1.185.4!3.00 !.£' 0.363.00 1,310.413.00 1.478.430.00 1.4 t 0.855.00 1,172,180.00 1,9,_ .00 1. I ')2,636.00 1,098,981.00 1.20 '~, Staff evaluated the bids and determined that K.E.R. Ente~'.'ises. Inc. d/b/a Armadillo Underground was the lowest responsible bidder for this construction project. In evaluating the bid submitted by Armadillo Underground. and meeting at the project site with Mr. Keith Richmond, V.P., County Staff is of the opinion that the best alternative, for safety and timeliness of construction, is to contract for installation of Alternate B. the 4'x 7' reinforced box culvert. This alternative allows for shallower depth of excavation, which is very critical to preventing damage to an existing adjacent home. existing new construction foundations, and existing large trees. The shallower depth of excavation will also reduce the mount of dewatering that the contractor will have to perform during construction. During the evaluation of the bids received. Staff determined that the bid specifications did not contain the correct quantity of riser units needed for the box culvert under Altern~e I 2 2002 Executix ¢ Summary Wiggins Pass Road Outfall Drainage Improvements Phase I Page 2 discussed this with the apparent low bidder and, based upon the unit prices provided in their bid offer, corrected the quantities, resulting in a $13575.00 overall net increase to the recommended awarded price of $856,318.70. This adjustment has no impact on the order of the bidders and Staff recommends adjusting the awarded price accordingly. ..x. FISCAL IMPACT: Funding in the amount of $856,318.70 for this project is available in Fund 325 (1981 Water Management CIP). The current budget for this particular project is not sufficient to cover this entire amount. Staff recommends that the $85,000 currently budgeted for the Haldeman/Rock Creek Aerials (Project No. 31010) and $35,000 of the funding currently budgeted for acquisition of easements for the Lely Area Stormwater Improvement Project (Project No. 3110 I) be transferred to this Wiggins Pass Road Outfall Project (Project No. 31212). The source of all the above mentioned funds is ad valorem taxes. GROWTH MANAGEMENT IMPACT: The provision of stormwater management facilities to provide increased flood protection is in accordance with the Drainage Sub-element of the Grovcth Management Plan. RECOMMENDATION: That the Board of County Commissioners do the following: 1. Approve a standard construction contract with K.E.R. Enterprises. Inc.. d/b/a Armadillo Underground in the amount of $856.318.70: 2. Authorize the Chairman to sign tbr the Board after the contract documents have been approved by the County Attorney: and 3. Approve and authorize staffto prepare the appropriate budget amendment documents. Date: SUBMITTED BY: //'~. Robert C Wiley, K/E.. Principal Project Manager Stormwater Management Department REVIEWED BY: JohrfH. Boldt, P.E.. P.S.M., Director Stormwater Management Department Date: ~- jl?-oo~ REVIEWED BY: APPROVED BY: Stephen Y. CaYnell, Director Purch/a~ing Department Norman Feder, A.I .... Administrator Tr?sportation Division Date: "' "-"'Z. AGE~ MAR 1 2 2002 oo~oo8888~888o~8o~88~ oo ~o ®~ ~ ~ 88~8888~D888888~88~8~88~8888~8888 o ~ 8888~oooooooo~o oo .... MAR 1 2 2002 4 -- 888888888~8~8888,8~88~888888888888888 8 88~8~85~888~ 888888888888 88888 888888~88888888888 °88888888~°888888~888~o®88~88888~8888 .... > EXECUTIVE SUMMARY APPROVE $70,000 BUDGET AMENDMENT FOR FUNDING OF THE AGREEMENT WITH MICHAEL L. VOORHEES, Ph.D. TO UPDATE THE MAPS OF THE WELLFIELD PROTECTION ZONES OF THE COUNTY'S GROUND WATER PROTECTION ORDINANCE. OBJECTIVE: Approve $70,000 budget amendment for the funding of the agreement with Michael L. Voorhees, Ph.D. to update the maps of the Wellfield Protection Zones of the County's ground water protection ordinance. CONSIDERATIONS: The BCC approved an amount of $70,000 in the fiscal year 2001 budget for update of the Wellfield Protection Zones in Collier County. Work on this project had begun, but was not completed, as of September 30, 2001 and funds encumbered for this purpose were not roiled into fiscal year 2002. GROWTH MANAGE~MENT IMPACT: This project is consistent with Objective 3.2 and associated policies of the County's Conservation and Management Element. FISCAL IMPACT: The $70,000 for this project was included in the Pollution Control & Prevention Departments' fiscal 2001 budget. These monies were encumbered but unspent as of September 30, 2001 and did not roll into fiscal year 2002 as the related purchase order was inadvertently closed. Staff recommends that the $70.000 be reappropriated from Water Pollution Control Fund 114 Reserves for Contingencies. RECOMMENDATION: That the Board of County Commissioners approve a budget amendment in the Water Pollution Control Fund 114 transferring $70~000 from Reserves for Contingencies to Other Contractual Ser~'ices. ~i' ~ ~' ~ ;' ; '~ ~'' Date: Prepared By: Mary Cornelisse, Operations Supervisor Reviewed By: Reviewed By: Ra~{eCtor Date: ~ ' .2 ? --c' ' Tom Wides, Interim Administrator, Public Utilities Division AGREEMENT WITNESS. ETH: THE CONTRACT SUM. The County shail pay t~ Contraciz~/or ~ ~ o~ Dr. Mictmel L V~ Cedar Grove l~arm-~ ~5 Rockl~ De~ Bmmnail, PA l~l~ PERM1TS: LICENSE~ TAXES. In compliance with Section 2~8.80, F.~, all nec~sazy for the prosecution of the Work shall be obtained by the Contract~. Ail non-County, permi~ ~ for tl~ prosec~on of th~ Work shall be ~ ~i paid for by th~ Contractor: ~ .C~,~is~ _.~sl~all. a~, ,..~. comrflv wi~ afl rules, regulations and law~ o~ Lomm' ~.our~, me ~mm or ~l~ or comply wifl~ ~11 laws governing t~' respo~~ of an employer with respect to NO IMPROPER USE. The Contractor will not use, nor suffer or l:~n~nit any person to use in any manner whatsoever, county facilities for any improper, ~mrrtoral or o~ l:n~-p~e,"o~ for any purpose in violation of any federal sram, county or municipal ordinance, ru~ order or regulation, or of any governmen~l rule or regulation now in effec~ or ~ enactL~ or adoptL~ In th~ event of such violation by the Contrac~r or if th~ County or its authoriz~ represen~tive shall deem any conduc~ on the part of ~ Contractor'to be objectionable or improper, the County 'shall hav~ the right to suspend the contract of the Contractor. Should the Contractor fail to correct any such viotattor~ conduct, or practice to ~ satisfaCtion of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been co~ to the satisfaction of the County. TERMINATION. Should the con,acer be found to have failed ~o perform his services in a manner satisfa~ry to the County as per this Agreem~ the Com~ may w,:,,~irm~e said agreem~t immedia~r for cause; ~rtimr the County may t~,minam this Agre~nent for conv~xience with a thirty C30) day w~i~ notice_ The Coun~ shall be sole judge of non-performan~ NO D~ATION. The Co~ agrees that ~re ~hall be no di.~ffmination as to race, so_x, color, creed or national ~ 10. INSURANCE- The Comrac~ shall provide insurance as follows: MAR I 2 ?]~ Insuran covering an ployee Statutnry ~ in compliamm with tim applicable-state and federal laws. Lal ty Cur!~t, valid msuram:e policies meeting the requirement herein identified shall be"~ffaintained by C. antrac~ during the duration of this Agreement ~newal cartific~les shall be sent t~ the County thirty (30) days prior to any expirat~n date. There shall be a ttffrty (30) day notification to ti~ County m the evem: ~ cancellation or modification of any st~la~ ~ COVe~gP-. Contractor shall insure that all subcontractrrrs comply with the s~me insurar~e requirements that he is required to meet. The same Contractor shall Frovide Cotmty with certificates of insurance meeting the required insurance provisions. LND~CATION. The ContractnrfVendor, m consideration of One Hundred Dollars ($100.00), the receipt and s~,ffleioncy of which is accepmd through the signing of this doo~ment, shall hold ~loss and defend Collier County and its agents and omployees from all suits and actions, including atto~' fe~ ~ all costs of litigation and judgments of any name and description arming out of or incidenial to tho 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 wined Contracinr/Vendor, any Subcontractnr, or anyone- directiy or ivdirectiy employed by any of tt~m_ The Contractor/%tendo~s obligation under this provision shall not be tim'_r~t_ m any way. by the agreed upon contract price as shown in this Contnct or the Contractor/Vendor's I/mit of, or lack of, s~mcient ~ protection. The first One Hundred dollars ($100.00) of money received on the contract price is cov~ao~d as payment of this obligation by the Couniy. This se~ion does not pertain to any incident arising ~ lira sole ~ of ColLier CONTRACT AD~TION. ~ Agree~__ ent shall be artministmmd on be_h~l¢ of the Caunly by the Ponution Control & Prevention Department: 13. 4 COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached component parts, all of which are as fully a part of the contract as if herein set out verbatim: Scope of Work, and Insurance Certificate. 14. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this agreement is subject to appropriation by the Board of County Commissioners. IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ATTEST: ~ " Dwight E. Brock, Clerk of Courts :By: ~ ~-~ Dated:- ~ ' si~qature t-~F:trst Witness-' - Name: N~Tie: BOARD OF COUNTY COMMISSIONERS COLLIER COUNT~.~ CONTRACTOR Michael L. Voorhees, Ph.D. Approved as to foxm and legal sufficier : t' Tho~s i~almer Assistant Court .ty Attorney .i MEMORANDUM Date: August 3, 2001 To: Mary Cornelisse, Clerical Supervisor Pollution Control & Prevention Dept. From: Ted Michaels, Deputy Clerk Minutes & Records Department Re: Well Field Protection Agreement Enclosed please find one (1) original document as referenced above, Agenda Item #16C1, as approved by the Board of County Commissioners on May 22, 2001. The duplicate original document is being retained for the record. If you should have any questions, please contact me at 774-8406. Thank you. Enclosure Memorandum To: From: Date: Subject: Sue Filson, Administrative Assistant Board of County Commissioners Office Mary Cornelisse, Clerical Supervisor '-"~A,~¢.../ Pollution Control & Prevention Department July 20, 2001 Well Field Protection Agreement JUL 2 3 200! .. Please find attached two original signed agreements from Dr. Michael Voorhees sent to our department. The first signed agreement was misplaced within the County. Please have these signed and forwarded back to the Pollution Control & Prevention Department: "Attention'--Mary" so that I can return a copy of the signatures to his office. "Thank you for your help with this matter. If you have any further questions please contact me at 732-2503. Attachments cb/f/cornelisse c: Ray Smith, Acting Director Pollution Control & Prevention Department Kevin Dugan, Chief Environmental Specialist Pollution Control & Prevention Department Well field Protection File Pollution Control & Prevention Department of ~5~J' l 'i EXECUTIVE SUMMARY APPROVE WORK ORDER #WD-112 WITH KYLE CONSTRUCTION, INC. FOR CONSTRUCTION ASSOCIATED WITH THE PELICAN BAY FIRE PROTECTION WATER SUPPLY SYSTEM IMPROVEMENTS, PHASE 1, PROJECT NUMBER 74023, IN THE AMOUNT OF $146,723.50. OBJECTIVE: To authorize construction of improvements to a portion of the potable water system which is necessary for changing Pelican Bay's fire protection water supply from the local i~gation water system to the County's regional potable water system. CONSIDERATIONS: On March 28, 2000, the Board of County Commissioners approved a work order with Wilson Miller, Inc. to provide engineering services related to improvements to the potable water distribution system in Pelican Bay. As a result, preparation of construction plans and specifications has been completed and a request for proposals was solicited from contractors under the annual contract for Underground Utility Contracting Services. A summary of the proposals received is as follows: CONTRACTOR · Kyle Construction. Inc. · D. N. Higgins, Inc. · Mitchell & Stark Construction Co., Inc. AMOUNT $146,723.50 158,335.00 248,940.00 Based upon a review of the proposals by staff and design professional, it is recommended that the attached work order with Kyle Construction, Inc. in the amount of $146,723.50 be approved for construction of the Pelican Bay Fire Protection Water Supply System Improvements, Phase FISCAL IMPACT: Funds in the amount of $146,723.50 are available for this work order from the County Sewer Capital Projects Fund (414). The source of funds is user fees. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. RECOMMENDATION: That the Board of COunty Commissioners, as the Ex-Officio _overnino_ board of the County Water-Sex~er District approve and authorize the Public Utilities Administrator to sign Work Order #WD-I12 to Kyle Construction, Inc. in the amount of $146,723.50. Executive Summary Kyle Construction, Inc. Work Order #WD-112 Page 2 SUBMITTED BY: REVIEWER BY: :~"'e~-~'~ - DATE: Harold E. Huber, Senior Project Manager Public Utilities Engineering Department Cheatham, P.E., Director Wastewater Administration DATE: REVI E'~'VED BY: APPRO'~ED BY: ......... DATE: Roy B. Anderson. P.E., Director Public Utilities Engineering Department .--.-'m / //~,yrrg~_~. ' (.x-'tA.,,~:-- DATE: Thomas G. Wides. Interim Administrator Public Utilities Division attachment WORK ORDER #WD-114- "UNDERGROUNI) UTILITY CONTRACTING SERVICES" Contract 00-3087, Dated September 12, 2000 This Work Order is for general contracting services, subject to the terms and conditions of the Contract referenced above, for Work known as: Pelican Bay Fire Protection Water Supply System Improvements, Phase 1 The work is specified in the proposal received January 28, 2002 from Kyle Construction. Inc., which is attached hereto and made a part of this Work Order. In accordance with Terms and Conditions of the Agreement referenced above. Work Order #WD-112 is assigned to Kvl___,__g_e Construction. Inc. Scope of Work: Provide all services to construct phase 1 of the Pelican Bay Fire Protection Water Supply' System Improvements. Schedule of Work: Complete all specified work within ninety (90) calendar days. Compensation: In accordance with item 4 of the Agreement. the County will compensate the Firm in accordance with the unit prices provided. TOTA_L PRICE: Sl46.: _o. Any chanae made subsequent to final department approval will be considered an additional service anal charged according to an executed Change Order as enumerated in Exhibit D of the A~eement. PREPARED BY: ALTTHORIZED BY: Harry Huber. Senior Project Manager Public Utilities Engineering Department J am. Wastewater Director Date Date APPROVED B Y: Thomas G. Wides, Interim Administrator Public Utilities Division Date ACCEPTED BY: Charles E. Abraham, Vice President Kyle Construction, Inc. Date Wil nMiller New Direct/on$ In ;anning. Design & Engineenng P. U. E. D. February 20, 2002 '02 FEB 2'2_ 8: 01, Mr. Harry Huber Senior Project Manager Collier County Public Utilities Engineering 3301 E. Tamiami Tr., Bldg H. Naples, FL. 34112 Subject: Pelican Bay Fire Protection Water Supply System Improvements, Phase lA Project No. 74023 Recommendation of Construction Contract Award Dear Mr. Huber: We received your letter dated January 29, 2002 regarding the bids received for the referenced project. Three bidders submitted bids under their annual construction services contract with the County. The following is a summary of each bidder's bid and WilsonMiller's opinion of probable construction cost (OPC): Mitchell & Stark D.N. Higgins Kyle (bid #1) Kyle (bid #2) WilsonMilleroPc S248.940.00 S158,335.00 $173,723.50 $146,723.50 $163,000 Kyle construction submitted two bids. Kyie's bid #1 included a full size temporary construction meter and backflow assembly while bid # 2 included a two-inch diameter gap configuration assembly. A full size temporary construction meter assembly will not be needed since the project consists of connecting existing "in-service" watermains that already provide fire flow. Therefore, Kyle's bid #2 should be considered. While the other bidders only submitted bids for the full size assemblies, their bids would not have resulted in the Iow bid since their total bid amounts would still be higher than Kyle's bid #2 if their line item amount for the temporary construction meter assemblies were $0.00. For example, Mitchell & Stark's and D.N. Higgins' total bid amounts would be S218,940.00 and $156,335.00 respectively (both of which are higher than the $146,723.50 of Kyle's bid #2). Based on the information submitted and reviewed, WilsonMiller recommends awarding the construction agreement for the referenced project to Kyle Construction, Inc. as being the apparent lowest, responsive and responsible bidder for the bid #2 amount of $146,723.50. Please do not hesitate to contact me should you need additional information. We look forward to successfully completing the construction phase of this project. Sincerely, WilsonMiller, Inc. Project Engineer cc: Adolfo A. Gonzatez, P.E. Naples Fort Myers Sarasota Bradenton Tampa Tallahassee 3200 Bailey Lane. Su/;e 200 k/a,o."es F/orio8 34105-$507 941-649-4040 ~ 941-643-5716 ~. wT~a/, wilsonrniller, corn z ¢< uJ J ,.:- KYLE CONS TRUCT/ON, /NC,. P~6~ I[~(~},PECT AVE, NAPLES, FL 34104 Ph:643-7059 Fax,)643-4679 PROPOSAL TO: COLLIER COUNTY GOVERNMENT DATE: JANUARY 28, 2002 JOB: PELICAN BAY FIRE PROTECTION WATER SUPPLY SYSTEM IMPROVEMENTS UNIT ITEM DESCRIPTION -- (~TY UNIT PRICE AMOUNT 1 MOBILIZATION 1 LS $2500.00 $2500.00 2 MAINTENANCE OF TRAFFIC 1 LS $4000.00 $4000.00 3 SILT FENCE STAKED (TYPE III) 35 LF $6.00 $210.00 4 4" CONCRETE SIDEWALK 11 SY $60.00 $660.00 5 ASPHALT REMOVAL & RESTORATION 1 LS $4200.00 $4200.00 6 CURB REMOVAL & RESTORATION 1 LS $1000.00 $1000.00 7 SODDING 915 SY $3.10 $2836.50 8 PIPE (4" PVC, F&I~ CLASS 150, C-900 WATER 30 LF $40.00 $1200.00 9 4" REDUCED PRESSURE BF PREVENT ASSEM I EA $19200.00 $19200.00 10 4x4' HOT TAP W/TAP SLEEVE. VALV & BOX 1 EA S1800.00 $180000 11 PIPE 6" PVC. F&I, CLASS 150, C-900 WATER 1613 LF $24.00 $38712.00 12 PIPE 6" PVC, F&I, C-906, DR11, WATER INCLUDE HORIZ. DIRECT. DRILLING 483 LF $35.00 $16905.00 !3 6" GATE VALVE & BOX 3 EA $700.00 $2100 00 14 MECH. JOINT FOR 6" HDPE WATERMAIN 10 EA $400.00 $400000 15 TEMP BLOW-OFF ASSEM FOR 6" PVC WM 2 EA $1800.00 $3600.00 16 PERM BLOW-OFF ASSEM FOR 16" DIP IRR MAIN 1 EA $2100.00 $2100.00 17 12x6' HOT TAP WFTAP SLEEV. VALV & BOX 2 EA S2600 00 $5200.00 18 12x10" HOT TAP W/TAP SLEEV. VALV & BOX 1 EA S2600.00 S2600.00 19 10" REDUCED PRESS BF PREV ASSEM 1 EA S24900.00 S24900.00 20 10" DIP IRRIGATION MAIN 10 LF S70.00 S700.00 21 AIR RELEASE ASSEMBLY (2") I EA $2800.00 $2800.00 ~-~~2~ ,TEM~CONSTCvlETER~IE~IN -ASSEM~,&~BF~,DEVICE~ ll~2f~ ttliEA~ ~$15000.00 ~¢¢11~$30000.00 ~231~' REMOVE~RESETCEXISTtNG~IGN - . : ..... · '~-4~ ~EA~ ~-$500:00 ~2000~0 24 REMOVE & RESET EXISTING FENCE 1 LS $500.00 $500.00 TOTAL PROPOSAL $173723,50 K .LE CONSTRUCTION, INC. PROPOSAL TO: COLLIER COUNTY GOVERNMENT JOB: PELICAN BAY FIRE PROTECTION DATE: JANUARY 28, 2002 WATER SUPPLY SYSTEM IMPROVEMENTS UNIT ITEM DESCRIPTION -' (~TY UNIT PRICE AMOUNT 1 MOBILIZATION 1 LS S2500.00 $2500.00 2 MAINTENANCE OF TRAFFIC 1 LS $4000.00 $4000.00 3 SILT FENCE STAKED (TYPE III) 35 LF $6.00 $210.00 4 4" CONCRETE SIDEWALK 11 SY $60.00 $660.00 5 ASPHALT REMOVAL & RESTORATION 1 LS $4200.00 $4200.00 6 CURB REMOVAL & RESTORATION 1 LS S1000.00 $1000.00 7 SODDING 915 SY S3.10 $2836.50 8 PIPE (4" PVC, F&I. CLASS 150, C-900 WATER 30 LF $40.00 $1200.00 9 4" REDUCED PRESSURE BF PREVENT ASSEM 1 EA S19200.00 $19200.00 10 4x4" HOT TAP W/TAP SLEEVE, VALV & BOX 1 EA $1800.00 $1800.00 11 PiPE 6" PVC, F&t, CLASS 150, C-900 WATER 1613 LF I $24.00 $38712.00 12 PiPE 6" PVC, F&I, C-906, DR11, WATER INCLUDE HORIZ. DIRECT. DRILLING 483 LF S35.00 $16905.00, ~ 13 16" GATE VALVE & BOX 3 EA $700.00 $2100.00 "-' 1,4 MECH. JOINT FOR 6" HDPE WATERMAIN 10 EA S400.00 $4000.00 15 TEMPBLOW-OFFASSEMFOR6"PVCWM 2 EA i S1800.00 $3600.00 16 PERM BLOW-OFF ASSEM FOR 16" DiP IRR MAIN 1 EA S2100.00 $2100.00 17 12x6" HOT TAP WFFAP SLEEV, VALV & BOX 2 EA S2600.00 $5200.00 18 12x10" HOT TAP W/TAP SLEEV. VALV & BOX 1 EA $2600.00~ S2600.00 19 10" REDUCED PRESS BF PREV ASSEM I EA S24900.00 $24900.00 20 10" DiP IRRIGATION MAIN 10 LF $70.00 S700.00 21 AIR RELEASE ASSEMBLY~,(,2") ~ ~.,,,.__.,-., 1 EA ..... $2800.00 $2800.00 ~7.~ ~22~i¢ TEMP,;CONST, MET.ER~IE;JNASSEM~?/BF:DE-~JGE~ ),,~2~-~ EA'III ~500.00 ~iS3000;'00 ~, ~'23-~"REMOVE &-RESET EXISTiNG'SIGN'-'(- ,,~..Z..~,~,,¢~ .~'4 EA $500.00 $2000;00 24 REMOVE & RESET EXISTING FENCE ~ f,~_.~'~'"f-// 1 LS $500.00 $500.00 TOTAL PROPOSAL $146723.50 00~<0 ~0~ EXECUTIVE SUMMARY APPROVE AND ACCEPT AN EASEMENT AGREEMENT FOR THE ACQUISITION OF UTILITY EASEMENTS FOR THE NORTH COUNTY REGIONAL WATER TREATMENT PLANT WELLFIELD EXPANSION PROJECT, NOT TO EXCEED $3,100. OBJECTIVE: Approve and accept an Easement Agreement for the acquisition of a Utility Easement and Temporary Construction Easement for the North County Regional Water Treatment Plant Wellfield Expansion project. CONSIDERATIONS: In order to meet the increased demand for potable water, the Collier County Public Utilities Engineering Department has determined it necessary to acquire a Utility Easement to construct a well house on property owned by TwinEagles Development Company, Ltd. In this regard, the Real Property Management Department has reached an agreement with TwinEagles Development Company, Ltd., to secure a 40-foot x 80-foot Utility Easement for the well house and a 100-foot by 100-foot Temporary Construction Easement at the approximate location shown on the attached sketch. The total purchase price of $2,600 is based upon an appraisal 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 Collier County Public Utilities Engineering Department has waived the requirement for an environmental audit. All documents in connection with this transaction will be reviewed and approved by the County Attorney's Office and Public Utilities Division. FISCAL IMPACT: The total costs of acquisition should not exceed $3,100 ($2,600 for the Utility Easement and Temporary Construction Easement and $500 for a title commitment, tile insurance policy, and cost of recording documents). The funds shall be withdrawn from the Water Impact Fee Fund (411), p~-oject No. 70075 - No~'th Wellf:i. eld Zmp~-ovement. GROWTH MANAGEMENT IMPACT: This transaction meets with the County's Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners: 1. Approve and accept the Easement Agreement, Utility Easement and Temporary Construction Easement; and Authorize the Chairman to execute the Easement Agreement and any and all documents related to this project necessary to accept clear title to the easements; and MAR 12 2002 EXECUTIVE SUMMARY Easement Agreement - North Water Treatment Plant Page 2 3. Waive the requirement for a formal, independent appraisal report in accordance with the provisions of Chapter 125.355, Florida Statutes; and 4. Authorize staff to prepare the related vouchers and warrants for payment in accordance with the Utility Easement and Temporary Construction Easement; and 5. Authorize staff to proceed with acquiring the Utility Easement and Temporary Construction Easement and to record all pertinent documentation in the Public Records of Collier County, Florida. SUBMITTED BY: //,'/ / / /--? .~ . DATE: Cind~ M. Erb,'Sr. Property Acquisition Specialist Real Property Management Department · '"L .... / ,~ . ,r, r " REWEWED ........... <:1. - Toni ,~. M6tt, Re~l'~ope~ty ~dperv~s~r Real PropeKy Management Depa~ment Oh~rles . ' g dr.,~A, bireafor ~e~l Prope~ M~n~gemenf Dep~menf REVIEWED BY: " ,jim McGee, Senior Project Manager ~" '~ubli¢ Utilities Engineering Department DATE: DATE: DATE: APPROVED BY: Thomas ~ Wides, Acting Administrator Public Utilities Division DATE: MAR 12 Collier, FL ,2001-2002 - 00222280404, Sheet: 1 o! ', EXECUTIVE SUMMARY AUTHORIZE THE CHAIRMAN TO EXECUTE AN AGREEMENT WITH A PERFORMER FOR THE FOURTH ANNUAL COUNTRY JAM CONCERT ON APRIL 12th, 2002, IN AN AMOUNT NOT TO EXCEED $55,000. Objective: That the Board of County Commissioners authorize staff to select an additional entertainer, negotiate the associated contract, and authorize the Chairman to execute that contract once approved by staff and the County Attorney. Consideration: The Collier County Parks and Recreation Department will be hosting its fourth annual "Country Jam" special event on April 12th and 13th as previously approved by the Board. Last year over 12,000 people attended this event, which was a huge success. This year the Tourist Development Council and the Board of County Commissioners awarded a $100,000 TDC Grant for an even larger event and Statewide Advertising. Staff is still negotiating a contract for an entertainer to perform Friday, April 12, 2002 at the Country Jam Special Event. The agreement was not finalized by the printing of this deadline due to the fact that artists often times do not like to commit to smaller venues too far in advance in case a larger venue becomes available. However, staff does anticipate that an agreement will be reached by a popular country artist either this Board meeting or within a few days following the meeting. Therefore, staff is requesting that the Board authorize the Chairman to execute an agreement, once reached, in an effort to begin advertising for the event as soon as agreement is signed. The other alternative is to wait until the March 26th meeting, which as a result may affect ticket sales revenue. The sum of this contract will not exceed $55,000. The County will provide the standard arrangements of the music industry while the performers are in town. These terms include living arrangements, as well as special technical details such as special lighting arrangements. Many area businesses will provide accommodation and amenities through in-kind donations. Growth Management: The Growth Management Plan is not affected by this action. Fiscal Impact: The maximum of $55,000 is budgeted for the performer in the FY02 MSTD General FUnd (111), Parks and Recreation budget and through Tourist Development Council Special Event Grant Fund (194). Recommendation: That the Board of County Commissioners authorize staff to select an entertainer, negotiate the associated contracts, and authorize the Chairman to execute those contracts once approved by staff and the County Attorney. Prepared by: James Fitzek, 6~er~iions :~inager Department of Parks and Recreation Date: Reviewed and Approved by: Reviewed and Approved by: Marl~ ~-amsey, Diregt~ ~ Department of Parks nd~creation John Dunnuck, Administrator Division of Public Services Date: ..,~ - ,L '-0 ~ Date: EXECUTIVE SUMMARY APPROVAL OF AN AGREEMENT WITH TEXASEE TOURING, INC., FOR THE PERFORMANCE OF LONESTAR FOR THE FOURTH ANNUAL COUNTRY JAM CONCERT IN THE AMOUNT OF $52,500. Objective: That the Board of County Commissioners approve an agreement with Texasee Touring, Inc., for a performance by "LoneStar" at the Country Jam Concert on April 12th, & 13th, 2002. Consideration: The Collier County Parks and Recreation Department will be hosting its fourth annual "Country Jam" special event on April 12th and 13th as previously approved by the Board. Last year over 12,000 people attended this event, which was a huge success. This year the Tourist Development Council and the Board of County Commissioners awarded a $100,000 TDC Grant for an even larger event and State-wide advertising. Staff has negotiated a contract for the sum of $52,500 with Texasse Touring, Inc., for the service of"LoneStar" who will headline the Country Jam, on Saturday, April 13th, 2001. The County will provide the standard arrangements of the music industD' while the performers are in town. These terms include living arrangements, as well as special technical details such as special lighting arrangements. Many area businesses will provide accommodation and amenities through in-kind donations. Growth Management: There is no Growth Management impact associated with this action. Fiscal Impact: The $52,500 for the performers is budgeted in the FY02 Tourist Development Special Event Grant Fund (194). Recommendation: That the Board of County Commissioners authorizes the Chairman to execute said agreement with Texasee Touring, Inc., in the amount of $52.500. , , Prepared by: 't' ' / ' James Fitzek, Opera~onsManager Department of Parks and Recreation Reviewed and Approved byL M~arl~a Ramsey, Director (// . Department of Parks and Re~creat~on Date: Reviewed and Approved by: John Dunnuck, Administrator Division of Public Services Date: WILLIAM MORRIS AGENCY, I Talent and Literary Agency 2100 West End Avenue, Suite 1000, Nashville, Tennessee 37203 Telephone 615.963-3000 Facsimile 615-963-3090 RIDER ATTACIIED I1ERETO IIEREBY MADE A PART OF THIS CONTRACT AMERICAN FEDERATION OF MUSICIANS AGREEMENT NO. 2 Tills CONTRACT for the per~onal sen'ices oftbe musicians on the engagement described below is made FEB 22 02, between COLLIER COUNTY PARKS & RECREATION/Jmnes N. ColeMa (hereinafter referred Io as "PURCHASER"} and LONESTAR (hereinafte~ refcreed to a~ "ARTIS'F') whose scrviees are furnished by Tcx~see Touring, Inc. Ihereinafter referred to ~s "PRODUCER'). It ia mutually agreed between the parties upon all Ihe terms and conditions hercin scl forlh, including those on the reverse side hereof entitled "Additional Ten, m and Conditions,' as follows: Sealing: Capacity: 1. Place of Engagement: 2. DATE(S) OF ENGAGEMENT: Vineyard Community Park 6231 Arbor Blvd. Naples, FL 8,000@ $ 15.00 g.000 Gross Potential: $120,000 Tax: 0.00000 Net Potential: $120,000 (Not to excced) Outdoor Shaw/Covered S~age Children under 10 arc free. Sol APR 13 02 - Ad Break: March 2, 2002 On Sale: March 2, 2002 2:00 PM - Gates 2:30 PM - Local opener 3:45 Phi - Local support 5:00 PM - TBA 6:30 PM - TBA 8:30 PM - Lonestar (confirmed) a. Numl'erofSho~s: 1 b. Time of Shcv4s): 8:30 PM c. Lenglh of Each Show: 60-90 minotes '. BILLING: (In all forms of advertising) Artist shall receive 100% Sole tte. adline Billing .L FULL PRICE AGREED UPON: S 52,500 (Fifty Two Thousand, Five Hundred) FLAT GUARANTEE Purchaser to provide ~md pay for sound and lights as required by Artist. Purchaser to pay for and ulili:,e Artist supplied ad reals, radio and television spots from Bill Young Productions 281-240-7400. No other forms of advertising are pertained. Prior to announcing or scheduling on sale dates, Purch~er Io contact Donna Jean Kishauer al Barman E~tertainn'~nt (615- 320-3000) regarding all advertising and prescming radio station. In the event Artist has a tour sponsor, purchaser agrees to adhere to sponsor~' needs. Artisl agrees n3t Ia perform at any publicly advertised engagement within a 100 mile radius, 120 da) s prior to this engagement. P~rchaser shall provide and pay for all terms and conditions centained in Artist rider attached hereto. Ali Accommodation and Travel arrangements ~e subject to PRODUCER's prior Merchandising Rate(uselI) 0.2000 Merchandising Rate(acs) Artist Sells 5. All payments shall be paid by PURCHASER in US funds by CERTIFIED or CASHIER'S CHECK, m ....~SG-as follows: a. NO DEPOSITis required. i>. FULL PAYMENT in the amount of $52,500 shall be paid to and in the name of tho PRODUCER: Texassee Touring, Inc. f/.~o LONESTAR not later than immediate¥'/~l~'to the first performance. n',.erages.,~f~ the Ilctual grgffbo~' off~xc d ~he,g'ros~aeJ~al ~.a~.~e~p ADDITIONAL TERMS AND CONDITIONS ONTINUED ON REVERSE SIDE. [N WITNESS WHEREOF. the parties hereto have hereunto set their havocs and seals on the day ~d year first above written. D~qGH'T E. BROCK, Clerk BOARD OF COUNTY CO~.~[I$SIONF_R.g By-. COLLIER COUNTY, FLORIDA Texasee Touring Inc. FED ID# 62-1594797 by: Texassee Touring, Inc. 1208 17th Avenue, South Nashville, Tennessee 37212 62-1594797 Wilson 1011233 AGENDA ITEM No. I Z) MAR 12 2002 Pg.. & 6. Whenever the term 'Federation' Is used herein It shall mean the American Federation of Musicians of the United States and Canada. Whenever the term 'Local Union' is used herein it shall mean the Local Union of the Federation with Jurisdiction over the territo~ in which the engagement covered by this contract is to be performed. 7. No performance of the engagement shall be recorded, reproduced or transmitted from the place of performance, in anymanner or by any means whatsoever, in the absence of a specific written agreement with the Federation relating to and permitting such recording, reproduction or transmission. 8. It is expressly understood by the parties herelo that neither the Federation nor the Local Union are parties to this contract In any capacity except as expressly provided in 7 above, and therefore, thai neither the Federation nor the Local Union shall be liable for the performance or breach of any provision hereof. 9. A representative of the Local Union, or the Federation, shall have access to the piece of engagement covered by the contract lot purposes of communicating with the ARTiST(s) performing the engagement and Ihe PURCHASER. ADDITIONAL TERMS AND CONDITIONS: 1. PURCHASER agrees to furnish and pay for at its own exj~ense (a) on the dale and at the time of the performancels) above- mentioned all that is necessary for the proper presentation olthe entertainment presentation, including without limitation a suitable theatre, hall or auditorium well-heated, ventilated, lighted, clean and in good order, stage curtains, properIy tuned grand piano(s) and public address system in perfect working condition Including microphone(s} in number and quality required by PRODUCER, dressing rooms, ail necessary electricians and stage hands, all lights, tickets, house programs, ali licenses (including musical performing rights licenses), special police, ushers ticket sellers, ticket takers, appropriate and sufficient advertising in the principal newspapers, (b) all music royalties in connection with PRODUCER's use of music, and in add[don, the costs of any musicians (including Contractor) other than those furnished by PRODUCER as part of PRODUCER's regular company, (c) all amusement taxes, (d) if PRODUCER so requires, ell necessary facilities, electricians, stage hands and other personnel for li~hbng and dress rehearsats, and (e) eli other il?rrm and personnel (including but not limited to any and all personnel, including musicians, as may be required by any national or union(s)) required lot the proper presentation of the entertainment presentation hereunder, and any rehearsals therefor, except lor those items and personnel which PRODUCER herein specifically agrees to furnish. PRODUCER shall have the right to name the local music contractor and to approve the musicians hired locally. 2. In the event of sickness or of accident lo ARTIST, or if a performance is prevented, rendered impossible or infeasible by any act or regulation of any public authority or bureau, civil tumult, strike, epidemic, Snlerruption in or delay of transportation services, war cond;tions or emergencies or any other similar or dissimilar cause beyond the control of PRODUCER, it is understood and agreed that there shah be no claim for damages by PURCHASER and PRODUCER's obligations as to such performances shall be deemed waived. In the event of such non-pertormance lor any of the reasons stated in this paragraph, It ARTIST is ready, willing and able to perform, PURCHASER shall pay the fun compensalion hereunder, otherwise, the monies (if any) advanced to PRODUCER hereunder, shall be returned on a pro-rata basis. 3. Imclement weather rendering performance impossible, infeasible or unsafe shall not be deemed a force majeure event and payment of the agreed upon compensation shall be made notwithstanding. If PURCHASER and PRODUCER disagree as to whether rendition of performance(s) is impossible, no~ feasible or unsafe because of Inclement weather, PRODUCER's determination as to performance shall prevail. 4. In the event PURCHASER refuses or neglects to provide any of the items or to perform any of its obligations herein stated, and/or faifs to make any of the payments as provided herein. PRODUCER shall have the right to refuse to perform this contract, shall retain any amounts iheretofore paid to PRODUCER by PURCHASER, and PURCHASER shall remain liable to PRODUCER for the agreed price herein set forth. In addition, if, on or bolero the date of any scheduled performance, PURCHASER has iai[ed, neglected, or refused to perform any contract with any other performer for any other engagement, or if the financial standing or credit of PURCHASER has been Impaired or is in PRODUCER's opinion unsatisfactory, PRODUCER shall have the right to demand the payment of the guaranleed compensation forthwith. If PURCHASER fails or refuses to make such payment forthwith, PRODUCER shall have the right to cancel this engagement by notice to PURCHASER to that effect, and to retain any amounts theretolora paid PRODUCER by PURCHASER and PURCHASER shall remain liable to PRODUCER for the agreed price herein set forth. 5. The enlertainment presentation to be furnished by PRODUCER hereunder shall receive billing in such order, form, size and prominence as directed by PRODUCER in all advertising and publicily issued by or under the control of PURCHASER. ARTIST's name or likeness may not be used as an endorsement or indication of usa of any product or service nor in connection with any corporale sponsorship or tie-up, commercial tie-up or merchandising without PRODUCER's prior written consent. 6. PURCHASER shall not itself nor shall it perT'nit others to record, broadcast, televise, pholograph or otherwise reproduce the visual and/ct audio pedormances hereunder, or any part thereof. 7. PRODUCER shaN have the exclusive right to sell souvenir programs, hal!et becks, photographs, records and any and all types of merchandise including but not limited to, articles of clothing 0.e., T-shirts, hats, etc.), posters, stickers, etc, on the premises of the p?ace(s) of pedormence without any participation In the proceeds by PURCHASER subject, however, to concessionaire's requirements, if any. 8. Unless stipu!ated to the contrary in wr;t;ng, PURCHASER agrees that PRODUCER may cancel the engagement hereunder Yv[thout liability by giving the PURCHASER notice thereof at least thirty (30) days prior to the commencement date of the engagement hereunder. PRODUCER shall also have the right to terminate this agreement without liability in the event PURCHASER fails to sign and return th;s Contract within 10 days. 9. PRODUCER shall have exclusive control over the production, presentation and performance of the engagement hereunder as well as the means and methods employed in fulfilllng each obligation of PRODUCER hereunder in all respects and in alt details. PRODUCER shall have the sole right, es PRODUCER may see fit, to designate and change at any dine the performing personnel other than the ARTIST(s) specilically named herein. 10. PURCHASER agrees (a) to comply promptl)/wlth PRODUCER's directions as to stage settings for the performance hereunder, (b) that no performers other than those to be furmshed by PRODUCER hereunder will appear on or in connection with the engagement hereunder, (c) that no stage seats are to be sold or used without PRODUCER's prior written consent, and (d) that the entertainment presentation wNI not be included in a subscription or other type el series without the written consent of PRODUCER. 11. It is agreed that PRODUCER signs this contract as an independent contractor and not as an employee. This contract shall riel, in any way be construed so as to create a partnership, or any kind of joint undertaking or venture between the parties hereto, nor make PRODUCER Iiable In whole or in part for any obligation that may be incurred by PURCHASER in PURCHASER's carrying out any of the provisions hereof or otherwise. 12. Nothing in this Agreement shelf require the commission of any act contrary to law or to any rules or regulations of any union guild or similar body having jurisdiction over the services and personnel to be furnished by PRODUCER to PURCHASER hereunder. If there Is any conflict between any provision of this Agreement and any law, rule or regulation, such law, rule or regulation shall prevail and this Agreement shall be curtailed, modified, or limited only to the extent necessary to eliminate such conflict. PURCHASER agrees to comply with all regulations and requirements of ,~ny union(s) that may have jurisdiction over ahy of the said materials facilities and personnel to be furnished by PURCHASER, 13. In the event of any Inconsistency between the provisions of this contract and theprovisions of amy riders, addenda, exhibits or any other attachments hereto, the parties agree that the provisions most favorable to PRODUCER and ARTIST shall control. /1~ r, ere~,., ,¢,~ and notes P~t. JL~UL;I:::R and ARTIST, as w~ ~.;~. ...... ~,~,~1~, 'represemauve~ prinOpals, employees, officers and ~re , ' , mage or expense, including reasonable attorney's fees, incurred or suffered by or threaten ' ~R or foregoing in connection with or as a result of any claim for ~ In'uj.~:3c~l~"cq3'E~y damage or otherwise brought by or on behaff can ' n f~rm or corporation as a result 15. illiam Morris Agency, Inc. acts herein only as agent for PRODUCER and is not responsible for any act of commission or omission on the part of eitherPRODUCER, ARTIST or PURCRASER. In furtherance thereof and for the benefit of William Morris Agency, it is agreed that neither PURCHASER nor PRODUCER will name or cio William Morris Agency as a party in any civil action or suit arising cut of, in connection with, or related to any act(s) of comm ss on or omission of PURCHASER, ARTIST or PRODUCER. 16. This conlract (a) cannot be assigned or transferred without Iho written consent of PRODUCER, (b) conlains lbo sole and complete understanding of the parties hereto and (c) may not be amended, supplemented, varied or discharged, except by an instrument in writing signed by both parties. The validity, construction and effect of this Contract shall be governed by tho laws ol the Ste e of Tennessee, regardless el theplace of performance. THE PERSON EXECUTING THIS AGREEMENT ON PURCHASER'S BEHALF WARRANTS HIS/HER AUTHORITY TO DO SO, AND SUCH PERSON HEREBY PERSONALLY ASSUMES LIABILITY FOR THE PAYMENT OF SAID PRICE IN FULL The terms 'PRODUCER', 'ARTIST' and 'PURCHASER' as used herein shall include and apply to the singular, the plural and to all genders. AGENDA ITEM No._J_&D MAR 12 .. (1/I/94-AFM) as of FEB 20 02 LONESTAR Musician Names: (Social Security #, AFM#) Texasee Touring Inc., FED ID# 62-1594797, (Leader) Dean Sams 452-59-2851 Local 257 Richie McDonald 462-31-9766 Local 257 MichaelBrirt 465-53-1970 Local 257 Keech Rainwater 453-47-993i Local257 Robbie Cheuvront 2~.-o~-6779 Local 257 Brad Corbin 231-92-1784 LocaL 257 Roddy Choing 334-62-1412 AFTRA A~end~_ Item LONESTAR TEXASSEE TOURING, INC. 2002 CONTRACT RIDER This rider attached hereto and made a part of the contract dated by and between TEXASSEE TOURING, INC., flslo LONESTAR (herein referred to as "ARTIST") and (herein referred to as "PURCHA_SER') for the engagement on ARTIST takes great care to present the best possible show for PURCHASER. All technical and other requirements are extremely essential to the proper presentation of the show. Any deviation from these requirements without prior consent from ARTIST management will be considered a material breach of this entire agreement. If PURCHASER has any question, or for some reason can not provide any of the following requirements, PURCHASER should contact ARTIST management cr ARTIST booking agency immediately. Failure to contact below individuals within seven (7) days after receipt shall constitute PURCHASER acceptance of all conditions set forth in this contract/rider. It is imperative that PURCHASER notifies ARTIST representatives prior to the purchase of any advertising, the granting of any radio station or other co-promotion and before piacing tickets on sale. MANAGEMENT 5crman Entertainment, Inc. 1208 17th Ave. South Nashville, TN 37212 (615) 320-3000 (615) 320-3001 fax BOOKING AGENCY William Morris Agency Greg Oswald 2100 West End Ave., #1000 Nashville, TN 37203 (615) 963-3304 (615) 342-0725 fax RECORD COMPANY BNA Records Nashville Britta Coleman Debbie Schwartz 1400 18th Ave. South Nashville, TN 37212 (615) 301-4400 CONTRACTUALISSUES Jcni Foraker jcni~bcrman.cc RADIO/TOUR MARKETING Donna Jean Kisshauer dj~borman.cc fax: 615-301-4588 Tour Marketing Support: Daniel Miller TOUR PRESS (Except Radio) Turner & Company Jennifer Green 1018 17t'~ Ave S. Ste 10 Nashville, TN 37212 615-327-1274 tumerco~bellsouth.net TOUR MANAGER Greg Dean (615) 758-8737 (615) 773-6173 fax Ioneskinny~earthl[nk.net PRODUCTION MANAGER Todd Ortmeier (615) 232-9005 (615) 232-9006 fax TOrtmeier@aol.com Upon reading each page, PURCHASER is to initial said page at bottom; PURCHASER initials indicate understanding and compliance with requirements stated. Failure to provide initials will constitute PURCHASER acceptance of all conditions set forth on said page. Rider current as of Z/20/2002 Page 1 INITIALS I~ "Agendm Ire, A. PAYMENT ARTIST or representative will be paid in cash, certified or cash'er s check (as advanced and requested by ARTIST's Tour Manager) made payable to TEXASSEE TOURING, f/s/o LONESTAR on demand on day of and prior to show. PURCHASER or representative must be present and available from ARTIST crew call through completion of show. TEXASSEE TOURING, 1NC. Federal I.D. #62-1594797. All 1099 information for tax reporting purposes should be directed to ARTIST Business Manager: Texassee Touring, Inc c/o Provident Financial Management 1107 17t~ Ave. S. Nashville, TN 37212 _ (615) 322-9700, (615) 322-9331 fax. - ARTIST shall receive 100% Sole Star Billing in any and all publicity releases, promotional and paid advertisements, including but not limited to programs, fliers, signs, lobby boards and marquees. No other name or photograph shall appear in type with respect to size, thickness, boldness and prominence of the type accorded ARTIST and no other name or photograph shall appear on the same line or above ARTIST name. ARTIST shall be billed ARTIST shall have the right to approve any other act(s) on bill and shall close the show unless otherwise stated in contract. PURCHASER agrees ARTIST staging and equipment set up overrides opening act(s) staging and equipment set up. ARTIST shall have the right to approve the length of perf, ormance of other act(s) on bill. PURCHASER shall inform ARTIST of any special effects to be employed by support act(s) on bill and ARTIST shall have final approval of use. It is requested that a representative from opening act(s) meet with ARTIST Production Manager at stage call. Opening acts must provide their own instruments and band gear. If ARTIST is opening act, PURCHASER shall insure that all personnel working on production of show be available for ARTIST sound check, rehearsal and show. C. ADVERTISING / PUBLICITY / PROMOTION PURCHASER shall only use advertising materials and photographs approved by ARTIST management. There shall be no signs, placards, banners or any advertising material on or within fifty feet (50') of stage, nor shall the name LONESTAR be associated either directly or indirectly with any product or service without ARTIST written consent. ARTIST management reserves the right of approval of ail radio, television, newspaper and magazine interviews accepted in conjunction with this engagement. Ail forms of sponsorship, whether part of an ongoing series or specifically for ARTIST show, must be authorized by ARTIST management. PURCHASER agrees not to commit ARTIST to any personal appearances or other promotions requiring ARTIST participation without prior approval of ARTIST management or representative. All requests for interviews, press conferences and other publicity activities and materials must be submitted to ARTIST management, Borman Entertainment, Inc. c/o Donna Jean Kisshauer (615) 320-3000, 615- 301-4588 fax, d (Dborman.cc Rider current as of 2/20/2002 Page 2 INITIALS_ ARTIST management reserves the right of approval of all television, newspaper and magazine interviews accepted in conjunction with this engagement. All requests for print and television interviews, press conferences and other publicity activities and materials must be submitted to Jennifer Green @ Turner & Co.- Ph: 615-327-1274 Fax: 615-322- 9462. (For radio interviews and promotions, contact Donna Jean Kisshauer - see above.) Radio Station Welcomes or Co. Presents PURCHASER must obtain approval in writing from Donna Jean Kisshauer (615) 320-3000 before utilizing a radio station as a co-presenter of this show. All radio promotions, giveaways and interviews must be approved by Donna Jean Kisshauer at ARTIST management. A media plan, including all radio time buys, giveaways, promotions and contests must be submitted to Donna Jean Kisshauer. If an approved radio station co- presents involves a disc jockey announcement from the stage, the disc jockey must liaise with ARTIST Tour Manager to confirm the content and timing-'ofthe announcement. Approval must be obtained from ARTIST management prior to the implementation of any promotions. D. TICKETING, ETC. ARTIST shall receive fifty (50) complimentary top priced tickets to ARTIST performance be~een rows 10 and 20 (please do not allot ARTIST comp tickets in the first 10 rows). ARTIST shall make available any unused tickets to the PURCHASER for the purpose of selling to the public no less than one hour prior to start of show. PURCHASER will supply ARTIST Tour Manager said tickets on demand day of show. PURCHASER complimentary tickets are subject to ARTIST prior approval and are not to exceed one percent (1%) of the total capacity of the venue including house and media comps and must be fully accounted for during settlement. It is hereby agreed that if there is any increase from stated ticket price and/or capacity as is printed on the face of the contract, ARTIST will receive one hundred percent (100%) of any additional income generated by the increase in ticket price and/or capacity without prior written approval from ARTIST representative. PURCHASER agrees that if no admission is charged to any part of audience for performance hereunder this condition shall be fully stated on the face of contract. If at the engagement there is evidence that admission was or is being subsequently charged for ARTIST performance, PURCHASER agrees that ARTIST shall receive one hundred percent (100%) of admission receipts collected. Tickets sold in sections where view is limited shall be marked limited view on ticket. With respect to counterfeit tickets, PURCHASER is liable for any and all counterfeit tickets and ARTIST shall assume no financial loss on the aforementioned. If non-computerized tickets are being used all unsold advance tickets must be available for verification and counting by ARTIST representative at least six (6) hours prior to the contracted performance here~Jnder. All other unsold tickets must be available for verification and counting at least four (4) hours prior to contracted performance hereunder. FOH Sound Location Purchaser will hold an area house center, no more that 90' from the front of the stage. This area is to be at least twenty four feet (24') wide and twenty four feet (24') deep, with an 8' x 12' x 2' riser for the lighting console. This area should have bicycle rack around it and the view should not be obstructed to the stage and the sound wings. Ticket Manifesting (Percentage Only) In the event ARTIST is on a percentage basis, PURCHASER agrees to furnish ARTIST agent at least two (2) weeks prior to date of performance, a full house seating plan and Rider current as of 2J20/2002 Page 3 INITIALS~ MAR i stage to scale and printer's manifest of house (notarized; signed statement from printer of tickets, listing amount of tickets printed at each price). No additions or deletion of monies shall be made other than stated city taxes. ARTIST shall be comoensated in cash or cash'er s check immediately or/or to oerformance for the difference between the nu,','~ber of unsold tickets on hand and the number of tickets 0rinted as shown by ticket manifest. All tickets shall be printed by a bonded ticket agency: i.e. Globe Tickets, Ticketron. PURCHASER may not sell tickets to performance hereunder as part of a series of other concerts without prior written consent of ARTIST agent. All tickets shall be of the one price, one stub variety. Tickets with more than one price printed on them will not be accepted: i.e. students one price and general admission a different price, printed on the same ticket. Official house seating capacity as stated on contract (ace must match ticket printer's manifest. ARTIST must approve all complimentary tickets to-be issued. PURCHASER shall supply ARTIST representative with a statement detailing to whom each complimentary ticket was issued. All complimentary tickets shall be issued only as a fully punched ticket. ARTIST representative shall have the right to be present in box office at all times. Final payment shall be accompanied by a box office statement signed by PURCHASER. In the event of a second show, no tickets will be placed on sale for performance until the first show is eighty percent (80%) sold out. PURCHASER shall retain all ticket stubs and unsold tickets for a period of ninety (90) days from the date of performance, during which time ARTIST has the right to inspect the books and records of the PURCHASER with respect to percentage payments. NOTE: If PURCHASER violates the above agreement it shall be deemed that PURCHASER has sold all tickets and permitted standing room at the highest price for which the house is scaled and shall financially compensate ARTIST in futl. Scaling The specific capacity, gross potential and ticket price breakdown of the facility where ARTIST is to perform under this agreement appears on the face of the contract to which this rider is attached. In the event ARTIST is to receive a percentage of gross box office receipts for this engagement pursuant to the terms hereof, the term "gross receipts" or "oross box office receipts" or similar phrases, shall mean all box office receipts computed on the basis of full retail ticket price for all tickets sold and in no event less than the full retail ticket price for all persons entering the performance, less only federal, state or local admission taxes and approved complimentary tickets E. MERCHANDISING 1 MEET & GREET PURCHASER will provide a well-lit secure place to sell ARTIST merchandise. PURCHASER shall provide four (4) six foot (6') tables, an A.C. drop (quad box), and a tent/canopy for any outdoor shows. This shall be in such a position as to be easily visible to the public using main entrance. This is to be at no cost to ARTIST. PURCHASER agrees that its arrangement for presenting the engagement provided for herein shall prohibit the sale of souvenir or similar merchandise whether inside or outside the venue in connection with this engagement other than ARTIST official merchandise furnished by ARTIST. PURCHASER and/or venue cannot sell or manufacture any items with LONESTAR logo or any facsimile, name or likeness without prior written permission from ARTIST or authorized representative. PURCHASER further agrees to use its best efforts to obtain the lowest possible hall and vendor fees payable to the venue for the sale of ARTIST merchandise hereunder and PURCHASER represents and warrants that they will receive no interest or Rider current as of 2/20/2002 Page 4 INITIALS._ fee, either directly or indirectly from the proceeds of sales of ARTIST merchandise. ARTIST must receive the most favored nations merchandise rate. Meet & greet (time and place) is totalty at the discretion of ARTIST. All meet & oreet oasses must be aooroved in advance bv ARTIST Manaoement. This will take place approximately one (1) hour prior to ARTIST performance and will include meet & greets for radio, retail and contest winners that have been pre-approved in writing by Borman Entertainment, Inc. ARTIST Tour Manager will coordinate the meet & greet on site day of show. ARTIST generally makes best efforts to meet & greet a predetermined number of fan club members per show. F. PURCHASER REPRESENTATIVE PURCHASER agrees to furnish his personal representative ~ap~ble of making any decisions pertaining to ARTIST engagement from the time of~arrival of production equipment including any outside staging material through the time of its departure. PURCHASER representative will remain in immediate backstage area and must be in constant contact with ARTIST representative. ANY SALARY OR FEE FOR SAID REPRESENTATIVE SHALL BE THE SOLE RESPONSIBILITY QF PURCHASER AND SHALL NOT BE A SHOW EXPENSE. G. VEHICLE PARKING AND TRANSPORTATION PURCHASER shall provide parking space immediately adjacent to stage (door) for two (2) forty-five foot (45') busses and two (2) sixty foot (60') semi-tractor trailers. This area must be secure with no public access. Shore power consisting of 220v service with no less than 60 amps per phase will also be made available no more than seventy-five feet (75') from busses. PURCHASER will provide ARTIST with a fifteen (15) passenger van and a luxury car with drivers (runners) to be used at Production Manager's discretion for the purpose of providing ARTIST with necessary ground transportation to and from the facility, grounds, hotel, etc. from load in until load out. In the case of a fly date, PURCHASER will furnish all necessary ground transportation from the time of ARTIST arrival until depaC~ure. PURCHASER agrees to provide comprehensive and liability insurance (naming TEXASSEE TOURING, INC. f/s/o LONESTAR as additional insured) on all vehicles being used to transport ARTIST, band, stage crew, bus and truck drivers and/or management personnel. ALL DRIVERS MUST POSSESS A VALID DRIVERS LICENSE AND BE KNOWLEDGEABLE OF AREA SURROUNDING ENGAGEMENT. H. SECURITY PURCHASER shall guarantee adequate security at all times to insure the safety of ARTIST and personnel, instruments, personal property, vehicles etc. from load in until completion of load out. Security will secure backstage entrances, backstage area, bus and truck perimeter and stage area as well as front of house mix position. ARTIST Tour and/or Production Manager will provide backstage passes when applicable. All backstage access and security shall be cleared and supervised by ARTIST Tour and/or Production Manager. PURCHASER must provide adequate security for the stage during performance. Rider current as of 2~20~2002 Page 5 INITIALS I. DRESSING ROOMS AND PRODUCTION OFFICE PURCHASER shall provide two (2) large, clean first class dressing rooms for ARTIST at stage call. Dressing rooms will be equipped with air conditioning/heating, full bath facilities, chairs, full-length mirrors, electrical outlets, adequate lighting and clothes racks. ARTIST will not be required to share these dressing rooms with any other act. PURCHASER shall provide one (1) production office with three (3) dedicated phone lines to be used by ARTIST and representatives for day of show. Production office will be used for ARTIST personnel only. PURCHASER shall supply ARTIST Production Manager keys to rooms upon arrival. All rooms should be ready at time of Icad in. J. CATERING -' PURCHASER is to provide catering as requested by ARTIST (SEE SCHEDULE "B" ATTACHED TO RIDER) K. CONTROL OF PRODUCTION ARTIST shall have sole and exclusive control over production, presentation and performance of the entertainment unit in connection with the engagement, including but not limited to, the details, means and methods of the performance of the entertainment unit and each member thereof, and the persons employed by ARTIST performing the provisions hereof on ARTIST part to be performed. ARTIST shall have the sole right, as ARTIST may see fit, to designate and change performing personnel other than ARTIST. It is understood that ARTIST production staff shall have sole and absolute authority in directing personnel operating all sound and lighting equipment during sound check, rehearsal and each performance scheduled herein including opening act(s). L. SHOW INTRODUCTION ARTIST Production Manager will provide a pre-recorded introduction to be used to bring ARTIST on stage. Should a live announcer be used, announcer and introduction must be approved in advance by Donna Jean Kisshauer at Borman Entertainment, Inc. (615) 320- 3000. M. REPRODUCTION OF PERFORMANCE / PHOTOGRAPHERS / TV CREWS No portion of the performance rendered hereunder may be broadcast, recorded, filmed, taped, reproduced or embodied in any form for any purpose without express written agreement with ARTIST management. PURCHASER will deny entrance to any persons carrying audio or video recording devices without limiting in any way the generality of the foregoing prohibition. This is understood to include members of the audience, press and PURCHASER staff unless in possession of an authorized photo pass from ARTIST. In the event that PURCHASER, his agents, servants, employees, contractors etc. reproduce or cause to be reproduced ARTIST performance in the form of films, tapes or any other means of audio or video reproductions, upon demand by ARTIST, PURCHASER shall deliver all of the same (together with any and all masters, negatives and other means of reproduction thereof) to ARTIST at PURCHASER sole cost and expense, in addition to all other legal or equitable remedies ARTIST may have. No photographers will be permitted in the venue, backstage or on stage during ARTIST performance or sound check, without prior written consent of Borman Entertainment, Inc. If consent is granted, no flash photography is allowed and still photographs must be taken Rider current as of 2/2012002 Page 6 INITIALS.~ only during the first three (3) songs of ARTIST set. Photographers shooting locations to be at the discretion of ARTIST Tour and/or Production Manager. No video or local TV is permitted without prior written consent of Borman Entertainment, Inc. If approved, TV cameras will be given instructions upon arrival. Shooting locations to be determined by ARTIST Tour and/or Production Manager. Photographers and video crews MUST use available light only. N. INTERNATIONAL TRAVEL In the event the place of performance is outside the continental limits of the United States, PURCHASER agrees to procure, at his sole cost and expense, for ARTIST and ARTIST traveling party, the necessary visas, work permits and other documents of any nature whatsoever necessary or usually obtained to enable ARTIST-to i'ender its services hereunder. Also PURCHASER shall be responsible for, and i~de-mnify, and hold ARTIST harmless from and against all local, municipal and .country or governmental taxes, fees or levies on all income earned by ARTIST or ARTIST employees while in the country or countries covered by this agreement O. SOUND AND LIGHTING PURCHASER agrees to supply at his own expense, the sound and lighting equipment to meet ARTIST requirements herein. (SEE SCHEDULE "A" ATTACHED TO RIDER) Any and all support acts must use separate consoles and processing equipment other than what is provided for LONESTAR. NO EXCEPTIONS P. STAGING AND POWER REQUIREMENTS (ELECTRICAL) PURCHASER agrees to supply at his own expense, staging, and electrical power to meet ARTIST requirements herein. When ARTIST performs outdoors, PURCHASER agrees to supply a load bearing roof for all staging, wings, mixing and lighting positions, rain or shine. NO EXCEPTIONS (SEE SCHEDULE "A" ATTACHED TO RIDER) Q. STAGE CALL / LABOR/SOUND CHECK I ACCESS PURCHASER agrees that stage call shall be set for not less than ten (10) hours prior to opening venue doors and admitting ticket hOlders. Additional acts may require more time. ARTIST Production Manager must be given advance notice of other venue activities with possible conflicting schedules. PURCHASER shall provide fourteen (14) stagehands & four (4) truck loaders from stage call until completion of load out. Riggers as needed for hanging of P.A. & Lights, and a forklift w/operator. Stagehands are to be professional labor personnel such as [.A.T.S.E.(union labor). NO. volunteer, inmate labor, bar backs, club security, etc. will be accepted. No "first time" spot operators will be accepted. NO EXCEPTIONS. PURCHASER further agrees to a mandatory sound check and must keep venue cleared until set-up and sound check is completed, to be defined by ARTIST Production Manager. ARTIST will have access to stage for sound check/rehearsal not less than two (2) hours prior to house opening. All equipment and instruments being supplied by PURCHASER must be at stage area at stage call. ARTIST Production Manager shall have absolute control over management and access to stage, PURCHASER agrees to keep the place of Rider current as of 2/20/2002 Page 7 INITIALS~ performance clear of ali people not directly involved with the show production. When ARTIST is performing in a nightclub, the stage and stage area MUST be clear of any equipment other than that of contracted sound and lighting companies at the time of Icad in. Doors must not be opened until approved by ARTIST Production Manager. R. PURCHASER ASSUMES LIABILITY Except as otherwise herein specifically provided, PURCHASER hereby assumes full liability and responsibility for the payment of any and all cost, expense, charges, claims, losses, liabilities and damages related to or based upon presentation or production of show or shows in which ARTIST is to appear herein. S. INSURANCE -- PURCHASER agrees to provide comprehensive general liability insurance (including, without limitation, coverage to protect against any and all injury to persons or property as a consequence of the installation and/or operation of the equipment and instruments provided by ARTIST and/or employees, contractors and agents) Such liability insurance shall be in the amount required by the venue, but in no event shall have a limit of less than one million dollars ($1,000,000.00) combined single limit for bodily injury and property damage. Such insurance shall be in full force and effect at all times when ARTIST or any of ARTIST representatives, managers, agents or independent contractors are in place of performance. ARTIST, Borman Entertainment, Inc and William Morris Agency for the engagement shall be listed as additionally named insured under such insurance and this shall be indicated on the pertinent certificate of insurance. PURCHASER also agrees to provide a policy of Workman's Compensation covering all PURCHASER employees or third-party contractors. PURCHASER further agrees to provide full ali-risks insurance coverage for all equipment and instruments provided by ARTIST and/or employees, contractors and agents against fire, vandalizing, theft, riot or any other type of act or event causing harm or damage to, or loss of the instruments and equipment so provided. Certificates of insurance relating to the coverage listed above shall be furnished by PURCHASER to ARTIST at least fourteen (14) days prior to engagement. ARTIST failure to request or review such insurance certificates shall not affect ARTIST rights or PURCHASER obligation hereunder. PURCHASER warrants that he has complete and adequate public liability insurance. Such liability insurance shall be no less than one million dollars ($1,000,000.00) combined single limit for bodily injury and property damage. Lonestar, individually, Texassee Touring, Inc., Borman Entertainment. and William Morris Agency shall be listed as additionally-named insLJred under this public liability (promoter liability) insurance and shall be indicated on a certificate of insurance required by ARTIST prior to the actual engagement taking place. Such liability coverage shall be in full force and effect at all times when ARTIST or any of ARTIST representatives, managers, agents or independent contractors are in place of performance. T. CANCELLATION Pre-Emption PURCHASER shall advise William Morris Agency and Borman Entertainment upon signing contract if unable to comply with any condition or requirement set forth in this rider. Upon ARTIST arrival, if any term or requirement has not been complied with by PURCHASER, ARTIST shall have the right to refuse to perform and be entitled to full compensation under this agreement. PURCHASER agrees that ARTIST shall have the right to cancel this Rider current as of 2/2012002 Page 8 INITIALS.__ Agenda Item engagement hereunder, without liability, by giving PURCHASER notice thereof at least thirty (30) days prior to commencement date of engagement hereunder. Force Majeure ARTIST obligation to furnish entertainment unit referred to herein is subject to the detention or prevention by sickness, inability to perform, accident, rneans of transportation, Act of God, riot, strike, labor difficulties, epidemics and any act or order of any public authority or any cause, similar or dissimilar, beyond ARTIST control. Provided ARTIST is ready, willing and able to perform, PURCHASER agrees to compensate ARTIST in accordance with the terms hereof regardless of Act of God, fire, accident, riot, strike or any events of any kind or character whatsoever, whether similar or dissimilar to the foregoing events which would prevent or interfere with the presentation of the show hereunder:. Inclement Weather Not withstanding anything contained herein, inclement weather shall not be deemed to be a force majeure occurrence and PURCHASER shall remain liable for payment of the full contract price even if performance(s) called for herein are prevented by such weather conditions. ARTIST shall have the sole right to determine in good faith whether any such weather conditions shall render the performance(s) impossible, hazardous or unsafe. U. FAILURE TO FULFILL OBLIGATIONS Each one of the terms and conditions of this contract/rider is of the essence of this agreement and necessary for ARTIST full performance hereunder. In the event PURCHASER refuses or neglects to provide any of the items herein stated, and/or fails to make any of the payments as provided herein, ARTIST shall have the right to refuse to perform this contract, shall retain any amounts therefore paid to ARTIST by PURCHASER, and PURCHASER shall remain liable to ARTIST for the agreed price herein set forth. In addition, if, on or before date of any scheduled performance, PURCHASER has failed, neglected of refused to perform any contract with any other performer for any earlier engagement, or if the financial standing or credit of PURCHASER has been impaired or in ARTIST opinion is unsatisfactory, ARTIST shall have the right to demand the guaranteed compensation forthwith. ARTIST shall have the right to cancel this engagement by notices to PURCHASER to that effect, and in such event ARTIST shall retain any amount therefore paid to ARTIST by PURCHASER. V. MODIFICATION OF CONTRACT/ANTICIPATORY BREACH It is understood that the contract may not be changed, modified or altered except by an instrument in writing, signed in accordance with the law of the State Of Tennessee. This contract may not be assigned, changed, modified or altered except by an instrument in writing signed by both parties. Nothing in this agreement shall require the performance of any act contrary to the law, rules and regulations of any such union, guild or similar body having jurisdiction over services of ARTIST or of the performances hereunder. Whenever there is any conflict between any provisions of this contract and any such law, rule or regulation of such union, guild or similar body, such law, rule or regulation shall prevail, and this contract shall be modified to the extent necessary to eliminate such conflict. This is the sole and complete agreement between the parties with respect to the engagement. Nothing in this contract shall be construed to constitute the parties as a partnership or joint venture, and ARTIST shall not be liable in whole or in part for any obligation that may be incurred by PURCHASER in carrying out any provisions here or otherwise. Rider current as of 2/2012002 Page 9 INITIALS AgeQd& Iten No. J '2 Pg, , W. INDEMNIFICATION PURCHASER agrees to indemnify and hold harmless ARTIST and ARTIST employees, contractors, management and/or agents from and against any claims, costs (including attorney fees and court costs), expenses, damages, liabilities, losses or judgements arising out of, or in connection with, any claim, demand or action made by any third party, if such are sustained as a direct or indirect consequence of the engagement. PURCHASER shall also indemnify and hold harmless ARTIST and ARTIST employees, contractors and/or agents from and against any and all loss, damage and/or destruction occurring to ARTIST and/or ARTIST employees', contractors', managers' or agents' instruments and equipment at the place of engagement, including but not limited to, damage loss or destruction caused by Act of God. X. TAXES AND LICENSES PURCHASER shall pay and hold ARTIST harmless of any and all taxes, fees, dues and the like relating to the engagement hereunder and the sums payable to ARTIST shall be free of such taxes, fees, dues and the like. PURCHASER shall be responsible for securing and maintaining at his sole cost and expense all necessary licenses and clearances for performance including but not limited to ASCAP, BMI, city and state permits, etc. Y. CHOICE OF LAW/FORUM This agreement shall be deemed made and entered into the State Of Tennessee and shall be governed by all of the laws of such state applicable to agreements wholly to be performed therein. Paragraph headings are inserted in this contract/rider for convenience only and are not to be used in interpreting this agreement. AGREED TO AND ACCEPTED: AGREED AND ACCEPTED: PURCHASER TEXASSEETOURING, INC. ~slolLONESTAR Rider current as of 2/20/2002 Page 10 INITIALS LONESTAR Schedule "A" TECHNICAL REQUIREMENTS THIS TECHNICAL RIDER IS A PART OF THIS CONTRACT AND A BREACH OF ANY ONE OF THE TERMS AND CONDITIONS THEREOF MAY ENTITLE ARTIST TO PURSUE ANY REMEDIES AVAILABLE TO ARTIST INCLUDING CANCELLATION OF THIS CONTRACT AND FORFEITURE OF PURCHASER'S DEPOSIT. 1. STAGING REQUIREMENTS Stage dimensions are to be sixty feet (60') wide and forty feet (40') deep and three (3') to six feet (6') tall. The stage must be capable of supporting 175 lbs/ft. The surface must be smooth and free of cracks and holes. Smaller stages will be accepted if approved by ARTIST Production Manager. Two (2) sets of stairs for staging shall be located upstage left and mid-stage right. Sixteen feet (16') wide x twenty four feet (24') deep sound wings should be placed on each side of the stage. Stage and sound wings must have toe rail around the entire perimeter. Stage and wings are to be level, stable and sturdy. Stage must be skirted with black drape. All outdoor events must have complete load bearing roofing for stage, P.A. wings, monitor and tech wings and F.O.H./lighting positions must be covered. NO EXCEPTIONS. Twelve (12) large tarps and/or visqueen are to be provided for incIement weather. 2. POWER REQUIREMENTS (ELECTRICAL) A minimum of 400 amp per leg, three (3) phase disconnect, with appropriate neutral and earth ground. This power is to be used by contracted lighting company, a separate 200 amp per leg, three phase disconnect, with appropriate neutral and earth ground to be used for ARTIST's moving lights. A minimum of 200 amp per leg, three (3) phase disconnect, with appropriate neutral and earth ground to be used by contracted sound company & ARTIST's sound. This source should be on a different transformer from the lighting power source. This will prevent interaction between sound and lighting equipment. Sound power should also be isolated from any and all kitchen equipment, including but not limited to ice machines, ovens, blenders, mixers, cash registers, etc. A qualified licensed electrician must be on call for contracted sound and lighting companies from time of load in until load out. If power requirements can not be met by venue, PURCHASER shall provide at his sole expense, sufficient generators for said event. CONTRACTED SOUND AND LIGHTING COMPANIES MUST PROVIDE PERSONNEL I.E.F.O.H. TECH, MONITOR TECH, LIGHTING TECH, SPOT OPERATORS, ETC. SOUND AND LIGHTING COMPANIES MUST HAVE EQUIPMENT SET UP NEATLY AND WORKING CORRECTLY PRIOR TO LONESTAR CREW ARRIVAL. THE AUDIO AND LIGHTING SYSTEMS SHALL BE CLASS "A" SYSTEMS. NO "lB" OR "C" SYSTEMS WILL BE ACCEPTED. Rider current as of 2~20~2002 Page 11 INITIALS__ pg,., -/% 3. FRONT OF HOUSE SYSTEM F.O.H. sound system shall be an active four or five way stereo system capable of producing a fiat frequency response from 20 Hz to 20 KHz at an undistorted signal of 110 dB SPL at the F.O.H. mix position in any venue. For outdoor events delay stacks should be made available. House speaker enclosures accepted are Clair Brothers, V-DOSC, EAW KF-750 or KF-850, Meyer MSL-4, EV X-Array. Any proprietary enclosures must be approved by ARTIST Production Manager. House speakers must be properly positioned and capable of producing a fiat response for all sold seating areas. This includes front filled position (in front of stage) driven by matrix or auxiliary send from house console. The house speaker enclosures are to be powered adequately and accordingly to speaker and driver requireme~ts.'Acceptable power amps are Crown, Crest, QSC, Carver. Accepted crossovers are BSS Omni-Drive, XTA or KT. ANY AND ALL SUPPORT ACTS MUST USE sEPARATE CONSOLE AND PROCESSING EQUIPMENT THAN WHAT IS DESIGNATED FOR LONESTAR. (NO EXCEPTIONS) 4. LIGHTING REQUIREMENTS ARTIST WILL BE BRINGING '12-16 HES STUDIO COLORS & SPOTS TO BE HUNG AT VARIOUS POSITIONS ON THE TRUSS AND ON THE GROUND, AS WELL AS ARTIST OWN WHOLE HOG II LIGHTING CONSOLE, THESE ARE FOR ARTIST'S EXCLUSIVE USE. Fixtures 120 1000 watt Par 64's (as per ARTIST current lighting plot) 4- 4-bar Par 64 600 watt ACL 2 ETC 26° Source-4 Leko' 2 ETC 19°Source-4 Leko 8 lk Par 64 floor cans 5 - 8-light molefays (two on front truss 3 on stage) Spotlights Minimum of 4 spotlights (Super Trooper, lycian long-throws) with 4 competent, experienced operators. Spots should be elevated at least 16'- 24' off ground or on scaffold in festival settings. ideally ali 4 should be located center of house to stage. Conventional Light Console Must be at least 60 channels (AVO Sapphire, QM500, Celco Gold, LP2000 or 3000) note: non-hang days and opening acts will use this desk Trussing Double hung pre-rig (Thomas, Tomcat, Creative, Total Fabrication.) with a minimum round tube diameter of 2 inches Outdoor Stages Roof MUST be load bearing and at least able to attain a 26' trim height Rigging All Trusses should be flown with chain hoists, and truss or roof must be load bearing to hang artists moving lights. (NO Genie towers} Rider current as of 2/20/2002 Page 12 INITIALS__ LAgenda. Item MAR ! 2. Dimming Dimmers must be DMX and professional touring quality maximum of 2.4k per channel (ETC, CAE, AVO) Haze/Fog 1 diffusion hazer and fan (Real EFX DF-50) Drape one 50' x 35' black backdrop, hung from upstage drape truss. (drop should not be hung off of light truss) outdoor shows must have black blow~hru windscreen Intercom Intercom between lighting desk, all spots, house lights, and one unit backstage and one in dimmer world (Clear-Com or Chaos) Lighting Power - 400 Amp 3-Phase 220v (3 legs of 110v) lighting contractors-~ys:[em 200 Amp 3-Phase 220v (3 legs of 110v) ARTIST's moving lights THE FOLLOWING EQUIPMENT IS TO BE PROVIDED FOR FLY DATES AND IN INSTANCES WHEN LONESTAR IS UNABLE TO SUPPLY THEIR OWN EQUIPMENT. 5. FLY DATES F.O.H. SYSTEM In addition to F.O.H. speaker system a F.O.H. console consisting of at least fifty two (52) channels will be needed, i.e. Yamaha PM4000, Midas XL-series or Heritage 3000, A.T.I. Paragon. Crossovers accepted are BSS Omni-Drive, XTA or KT. (crossovers are to be located at F.O.H mix position) Two (2) Stereo 1/3 Octave EQ's (KT 3600 or DN360 or BSS FCS-960) One (1) KT DN60 or A.C.I. SA-3051 spectrum analyzer. F.O.H. processing is to consist of two (2) Yamaha SPX-990s, two (2) T.C. M5000, one (1) T.C. 2290 or Roland SDE DDL. Fourteen (14) channels of compression ( KT, BSS or Drawmer). Eight (8) channels of frequency keyable gates (KT, BSS or Drawmer). One (1) professional compact disc player, one (1) professional DAT recorder/player & Clear-Com communications, from F.O.H. to Monitor World. A Stage splitter with at least fourty eight (48) inputs + house snake/drive lines. MONITOR SYSTEM A Monitor console consisting of at least fifty two (52) channels, i.e. Midas Heritage 3000 or A.T.I. Paragon II or Yamaha PM4000M. Eight (8) UHF Stereo In Ear Monitoring Systems with all necessary cabling, belt packs and masts, i.e. Shure PSM600, PSM700, Future Sonics or Garwood. Eight (8) Aphex Dominator II orthe like. Twelve (12) channels of compression (KT, BSS, or Drawmer). Eight (8) channels of gates (KT, BSS or Drawmer). Four (4) Yamaha SPX990s. If PURCHASER's contracted sound company is unable to provide required number of In Ear Monitoring Systems an additional fifteen (15") x two (2") inch wedge with accompanying crossovers, EQ and amplification for each In Ear Monitoring requirement not met will be needed. This must be approved by ARTIST Production Manager MICROPHONE AND STAND PACKAGE Microphones and Dl's per Lonestar's CURRENT input list. All microphones should have appropriate cabling, stands and clips. Production Manager will fax a copy to Sound Company. Rider current as of 2/20/2002 Page 13 INITIALS Agenda.Item MAR I 2 BACKLINE EQUIPMENT PURCHASER agrees to furnish the following equipment (backline gear) at no cost to ARTIST, Mapex 6 piece drum set- (1) 18" x 22" kick drum w/two (2) pedals (2) 6 1/2" x 14" snare drums-one (1) wood, one (1) chrome 10", 12", 14" & 16" rack mount toms (1) drum rack 6) rack mounted cymbal booms (1) hi hat stand (1) high backed drum stool _ (2) "A" Zildjian 14" hi hats - (2) "A" Zildjian 16" crash (1) "A" Zildjian 17" crash (1) "A" Zildjian 22" ride (1) "A" Zildjian 18" china (1) "A" Zildjian 6" splash (1) "A" Zildjian 10" splash One (1) plexiglass drum shield One (1) Trace Elliot AH400 bass head w/speaker cable Hartke 4 x 10" speaker cabinet Roland XV-88 with sustain pedal and power supply cord. Keyboard 88 key weighted action. NO EXCEPTIONS Roland VK-7 Organ with expression pedal Ultimate Support Apex stands Peavey Classic 50 4 x 10" guitar amp Fender Twin Reverb. (silverface) Peavey Nashville or Session 400 with 15" inch speaker (12) guitar stands One (1) One (1) must be One (1) Two (2) Two (2) One (1) One (1) Twelve TWO WAY RADIOS PURCHASER agrees to provide eight (8) two way radios with chargers and speaker mica. Any deviance from above requirements must be approved by ARTIST Production Manager in advance. AGREED TO AND ACCEPTED: AGREED AND ACCEPTED: PURCHASER TEXASEE TOURING, INC. Es/o/LONESTAR Rider current as of 2~20~2002 Page 14 INITIALS~ LAgend~ Ite'm ,AR 1 2 Ch. LONESTAR 2002 F.O.H. Inpufflnsert/3lic List Description Mi¢ Insert 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 40/41 42 Kick Beta 52 Snare (top) SM-57 Snare (bottom) Beta 56 Sidestick- D4 Active DI Hi Hat SM-81 Rack 1 SM-98 Rack 2 SM-98 Rack 3 SM-98 Rack 4 SMo98 Ride SM-81 OH (SR) KSM- 32 OH (SL) KSM - 32 Bass (DI) Active DI Piano - L Active DI Piano - R Active DI Keys - L Active DI Keys - R Active DI AX-1 Active DI Guitar L MD-409 Guitar R MD-409 Michael Acoustic Active DI Richie Acoustic Active DI Fiddle Active DI Lap Steel Active DI Steel L MD-421 Steel R MD-421 Michael Vocal SM-58 Richie Vocal W/L Dean Vocal W/L Headset Robbie Vocal W/L Headset Spare Vocal W/L 1880 o Perc L Active DI 1880 - Perc R Active DI 1880 - BGV L Active DI 1880 - BGV R Active DI 1880 - Strings Active DI 1880 - Acoustic Active DI 1880 - Electric Active DI 1880 - Click Active DI Audience - L/R SM-81's Talkback from FOH Comp ¢1 Comp ¢2 / Gate ¢1 Comp #3 / Gate ¢2 Gate #3 Gate ¢4 Gate ¢5 Gate ¢ 6 Comp Comp #5 Comp #6 Comp ¢7 Comp ¢8 Comp #9 Comp #10 Comp¢11 Comp #12 ANY QUESTIONS CONTACT TODD ORTMEtER 615-232-9005 TOrtrneier~ A O L. corn Rider current as of 2/20/2002 Page 15 INITIALS kgend, Item NO. __~_j~ MAR Rider current as of 2/20/2002 Page 16 f jl ~ INITIALS Agendm _I'ce~ No . _l l,, O MAR -I Rider current as of 2/20/2002 Page 17 ,; INITIALS Agend¢ Item MAR 1 2 2097.' LONESTAR Schedule "B" CATERING REQUIREMENTS If there are any questions or concerns regarding catering or specific menu items, please contact ARTIST's Production Manager, Todd Ortmeier at (615) 232-9005. All meals are to be served in a private area completely sepa~-a;[e"from the public. All numbers reflect LONESTAR personnel only. This does not include Opening Acts, local crews, promotions staff, etc. If and when the aforementioned are included for catering, it is ~;equested that LONESTAR personnel eat first for all meals. BREAKFAST Please expect 12 people + locals for breakfast unless otherwise specified. FOOD: Eggs, meat (lean turkey bacon, lean regular bacon and sausage links or patties), hash brown potatoes, assorted cereals (Special K, Raisin Bran or Frosted Flakes, Fruit Loops), French toast, whole wheat or white toast, waffles, bagels, fresh fruit platter (cantaloupe, watermelon, bananas, in season berries and grapes) and hot oatmeal. CONDIMENTS: Cream cheese, strawberry and grape preserves, peanut butter, picante sauce, ketchup, butter, syrup, sugar, Equal or Sweet-nolow. BEVERAGES: Skim milk, 2% milk, fresh orange juice, tomato juice, regular and decaff coffee and plenty of individually bottled, non-carbonated spring water. LUNCH Please expect 15 people + locals for lunch unless otherwise specified. All lunches must include fresh salad. Please provide assorted regular and fat free salad dressing, please provide condiments accordingly with each meal. A hot meal of production managers choice to be discussed with caterer in advance, local specialties are recommended, separate drinks to include, assorted soft drinks, milk, bottled water & orange juice. DINNER Please expect 25 people + locals for dinner unless otherwise specified. All dinners are to be served with real plates and utensils. All dinners must include fresh salad and dinner roils. Please provide assorted regular and fat free salad dressing for dinner salads. Meals are to include two (2) types of desserts such as carrot cake, cheese cake, chocolate cake, strawberry shortcake, pumpkin, pecan, and apple or blueberry pie. Please supply salt and pepper, ketchup, steak sauce, etc. The following beverages are to be served with lunch and dinner: Pepsi, Diet Pepsi, Coke, Diet Coke, Sprite, Mt. Dew, Dr. Pepper, cranberry juice, 2% milk, coffee, ice tea and plenty of individually bottled non carbonated spring water. Rider current as of 2/2012002 Page 18 INITIALS~ 'kgen4~ ~tem MAR ..1 2 D2 pcJ. '-:' __ DRESSING ROOMS. ETC. Dressing rooms will be stocked and bus items delivered at times set by ARTIST Production Manager. LONESTAR BUS #1: To be Left in Production Office .Please do not ice down bus items · One (1) 12 pack of Diet Coke One (1) 12 pack of Dr. Pepper One (1) 12 pack (12) of Coors Light in bottles One (1) case (24) individually bottled, non-carbonated spring water One (1) six pack of Lemon Lime Gatorade (16-20 oz bottles)_. LONESTAR BUS #2: To be Left in Production Office. .Please do not ice down bus items · One (1) case (24) of individually bottled, non-carbonated spring water One (1) 12 pack of Coke One (1) 12 pack of Mt Dew. One (1) 6 pack Diet Coke One (1) 6 pack of Dr. Pepper One (1) 6 pack of IBC Root Beer One (1) 12 pack of Amstel Light in bottles One (1) 12 pack of Michelobe Light in bottles One (1) 6 pack of Guiness in CANS LONESTAR DRESSING ROOM: ON ICE Twelve (1 2) 16 oz. bottles of non-carbonated spring water Two (2) bags of potato chips, plain and bbq LONESTAR BAND & CREW DRESSING ROOM: ON ICE One One One One One Four One Two One One One One One One One (1) case (24)individually bottled, non carbonated spring (1) 6 pack of Coke (1) 6 pack of Mt Dew (1) gallon of 2% milk (1) box of cereal (Frosted Flakes or Fruit Loops) (4) small cans of V-8 tomato juice (1) quart of fresh orange juice not from concentrate (2) bags of potato chips, plain and bbq (1) bag of Tostitos tortilla corn chips (1) jar of medium salsa (1) loaf of wheat bread (1) Jar peanut Butter (1) Jar grape or Strawberry jelly (1) box of Altoids (peppermint) (1) box of Altoids (cinnamon) Please provide One (1) roll of paper towels, plastic ware, utensils and 16 oz. colored plastic Solo cups for each room. Rider current as of 2/2012002 Page 19 INITIALS Agenda Item No. MAR I 2 STAGE: One (,1) case chilled bott[ed water in a cooler to the SL side of stage at 45 rains before LONESTAR'S start time. Two (2) 20 oz. Bottles of Lemon Lime Gatorade AFTER SHOW FOOD: Two (2) cut fruit platters, (One (1) each to LONESTAR'S buses). Pizzas, assorted Chinese food or deli sandwiches for twenty five (25) people to be determined day of show by production manager. NO DELI TRAYS PLEASE. TOWELS 24 Bath Towels & 20 Hand Towels delivered to the Production Office at LOAD IN TIME. 10 small bars of soap. This List does not include any Openinq act Provisions for Towels & caterino Items Rider current as of 2120/2002 Page 20 INITIALS / Agenda .Item /MAR I 2 ?n l EXECUTIVE SUMMARY APPROVE AWARD OF RFP 02-3334 A REVENUE CONTRACT FOR BAR CONCESSIONS AT THE COLLIER COUNTY PUBLIC LIBRARY (Minimum Annual Revenue of $4,800.00) COFFEE OBJECTIVE: To gain Board of County Commissioners approval to award RFP 02- 3334 to Paradise Consultants Inc. for a coffee bar concession at the new Headquarters Library. CONSIDERATION: The Library Department, with the approval of the County Manager, submitted a Request for Proposals to operate a coffee bar concession at the Headquarters Library. RFP 02-3334 was advertised on January 14, 2002 and proposal packages were sent out to twelve (12) vendors. Two proposals were received by the due date of February 4, 2002. A selection committee reviewed the proposals, and by consensus, ranked the firms in the tbllowing order: 1. Paradise Consultants Inc. 2. The Coffeehouse Collection, Inc. Staff has negotiated and reached agreement with the top ranked firm, Paradise Consultants Inc. The a~eement is tbr three years xvith options tbr one additional year. It is anticipated that the concessionaire will commence services by late Nlarch. FISCAL IMPACT: The annual remittance to the County will be a minimum of Four Thousand Eight Hundred Dollars (S4,800.00) or five znd one half percent of all gross receipts which ever is ~eater. Remittances will be credited as kibrary Trust Fund (612) revenues to be used for the purchase of books for the Library.. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners axvard RFP 02- 3334 to Paradise Consultants Inc. and authorize the Chairman to sign a standard County Attorney approved contract. /O SUBMITTED BY:¢ff~ ~ '~~--- Date: ,-~' /G '2..~ Marilyn D7 Norris, Lib~'ary Extension Services Manag&r REVIEWED BY: /']?~,4..~.~., ]"]'~tlT't~. JIFY' John W.,/J6hes, Library Director EXECUTIVE SUMMARY Page 2 of 2 REVIEWED BY: APPROVED BY: gie~e' Camel~, Purchasing/General Services Director n , ' ,'ices Administrator AGENDA ITEM MAR 12 2002 EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS CONVEY A GRANT OF UTILITY EASEMENT TO SPRINT-FLORIDA, INC., FOR THE INSTALLATION OF A FIBER-OPTIC SONET RING AROUND THE MAIN GOVERNMENT COMPLEX. OBJECTIVE: To convey an easement to Sprint-Florida, Inc., (Sprint) over portions of the Collier County main government complex for installation of facilities to improve the reliability and survivability of telephone and data services to all government agencies located within the complex. CONSIDERATIONS: On July 31, 2001, Agenda Item 16(E)(12), the Board of County Commissioners approved entering into a five-year contract with Sprint for existing circuit services in exchange for Sprint's installation of a fiber-optic SONET ring around the main government complex. Before Sprint can begin construction, it will be necessary for the County to convey the attached Grant of Utility Easement to Sprint for this purpose. The easement has been reviewed and approved by the County Attorney's Office. FISCAL IMPACT: The total cost of this transaction is $19.50 for recording the easement and will be paid from the General Fund (001). GROWTH MANAGEMENT IMPACT: There is no growth management impact. RECOMMENDATION: That the Board of County Commissioners: 1. Convey a Grant of Utility Easement to Sprint-Florida, Inc.; 2. Authorize the Chairman to execute the Grant of Utility Easement; and 3. Authorize staff to record with the Clerk of Courts the Grant of Utility Easement in the Public Records of Collier County, Florida. SUBMITTED BY: 'l'or~'f'~,.' Mort, REef Propedy Supe~isor Real PropeAy Management DepaAment ~harle~ E. Carrington, J .,~ , Director Real Propedy Management DepaAment DATE: DATE: iTEM EXECUTIVE SUMMARY Convey Grant of Utility Easement to Sprint-Florida, Inc. Pa_qe 2 REVIEWED BY: DATE: E. Michael Berrios, Network Operations Manager Information Technology REVIEWED BY: BaTty Axelr ~d, Dii;ecto¢ I nformatio~/Technology DATE: APPROVED BY: Jo-Anne Varcoe-Leamer, Administrator Administrative Services Division DATE: (94X) 774.-~400 Ell~ T. Chmdwell, Es~u'lr'~ Ot'¢tce of the Count) Att~) 3301 East Tamtamt Trail Naples., Florida 34112 (941) 774-8400 GRANT OF UTILITY EASEMENT This indenture made and executed this __ day of , 2002, by and between COLLIER COUNTY, a political subdivision of the State of Florida, hereinafter referred to as GRANTOR and SPRINT-FLORIDA, INCORPORATED, successor by merger to UNITED TELEPHONE COMPANY OF FLORIDA, whose mailing address is P.O. Box 2477, Naples, Florida 34106, hereinafter referred to as GRANTEE. WITNESSETH That for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, receipt of which is hereby acknowledged, the GRANTOR hereby grants to GRANTEE, its successors or assigns, a non-exclusive easement for the installation of underground utility facilities on the property more particularly described on Exhibit "A" attached hereto and made a part hereof, hereinafter referred to as Easement Property. TO HAVE AND TO HOLD the easement hereby granted unto said GRANTEE, its successors and assigns, for the sole purpose of installing a fiber-optic Sonet ring to provide data transmission services to County facilities. GRANTEE, by acceptance of this easement agrees for itself, its successors and assigns, to maintain said easement and in no way to interfere with or hinder at any time access to the Easement Property or adjacent lands by GRANTOR, the general public, or any other party requiring access to any of the property over which said easement is granted. GRANTEE further agrees that it will at all times use extreme care to restore all grounds to as good or better condition than found prior to any construction, installation, maintenance or repair work performed by GRANTEE, or its agents, contractors, successors or assigns. In the event GRANTEE, its successors or assigns, shall fail to use this easement for the purpose intended, this Utility Easement shall automatically terminate and the GRANTEE, its successors or assigns, shall vacate, cancel and annul said easement or relevant part thereof by recording in the Public Records an instrument evidencing said cancellation. GRANTOR, its successors or assigns, shall upon said vacation, have the right to require GRANTEE, its successors or assigns, to remove any structures, facilities or improvements from Easement property. GRANTEE hereby covenants and agrees to indemnify, save, protect and hold harmless GRANTOR against any loss, damage, injury, debt or expense (including attorney's fees) claimed or asserted by any person or entity, which claim relates to in any way, no matter how remote, or arises out of GRANTEE'S installation of facilities or use of the Easement Property described above. IN WITNESS WHEREOF the GRANTOR has caused these presents to be executed in its name by its Board of County Commissioners acting by the Chairman of said Board, the day and year first above written. ATTEST: DWIGHT E. BROCK , Deputy Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: JAMES N. COLE'l-FA, Chairman as to f~rm j~ 1~1 .sufftcteec! Ellen T. Chad~ell AGENDA ITEM No. /~;g' ~ MAR 12 2002. Pg... Y EAST NAPLES METHODIST CHURCH O.R. BOOK 209. PAGE 516 CEN TERLINE OF 5' WiDE SPRINT UTILITY EASEMENT SEE WCINITY SKETCH (~ I 259.55' -'-XiSTiNG !0' W;DE UTIL,TY OR. BOCK 2821. PAGE '~026 F .... E~_ZZ ~P'-'--EXIST;NG 'O' WiDE uTILiTY EASEMENT G.R. 8OCK 282;. CCLUER COUNTY GOVERNMENT CENTER. PART OF SECTION 1 2, TOWNSHIP 50 SOUTH. RANGE 25 EAST. COLLIER COUNTY, FLORIDA COUNTY T CENTER J V~CINITY SKETCH NOT TO SCALE ~I!I~ 5' wIDE SPRINT UTiLiTY ...... '~?'-q',l ANDREW B. gECK, PS~ 5055 , ~ .,;,~,,/p ~* .~ C. RTtFI~FE OF 4UTHORIZA DON ~'~' ~, ~ RAISED S~L OF ~ FLOR/~ LICENSED SURV~OR AND ~ ~ ~~~ ~ ,, ~ ASSr~C7 NOr R~EWEO. ~ / ~x ,~ ..,p .... , ~O~NT O¢ ~ /%~,~, e~' ~ p / ~R*~AT~C~ (2) % ~ I. .~ .'NSTRu~%4~ OF RE~CRD RE,QECT,'NC ~S[~[NTS. ~ ~ LINE fABLE "~i L! S. BJ'12Ug'E tOOt' /-POINT OF COMMENCEMENT / SOUTHWEST CORNER OF / SECTION ~2. TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLL!ER COUNTY, FLORIDA GRAPHIC SCALE J WAY AND/OR O~NERSHIP ~VE~E FURBISHES 70 S'J~%'EYOR EXCEPT AS 3. DIMENSIONS ~RE ~N rEEF ~0 DEC,'~tS ~EREOF. 4. B~RINCS A~E ~gD ON THE WEST LINE ~F SECTOR ~2. ~0 SOu~ ~oE 25 ~S7 COLLIER COUN~ FLOR/~, BE/NO NORTH ~, 9. R.=OFRC~ RECORD S,R =SrArE 5. LINES S~ OUFSiDE tHE ~NOS ~SCR~BED ~E FOR REFERENCE ONL ~ ALL T~¢ ~ OF SECDON 12. TOWNSHIP ~0 SOU[H, ~NGE 2~ COLLIER ¢O~N~ ~0~ BEING ~OQE PARDCU¢LY OESCR/BED A5 Ln~ 2.~ FEE~ ON ~ SIDES OF ~E FOLLO~NG OESCR~BED CENrERLIN~. COmmENCING A~ ~E S~ST CORNER OF ~0 SEC[~N THENCE ~G ~E ~Sr UNE OF ~0 SECDON 12 ~R~ ~S~ ~85&24 ~ ~0 rile ~N~ OF INtERSECtION ~H ~E OF rile SOUTHERLY LINE OF rHOSE ~NOS DESCRIBED tN 0~. PACE ~16: ~ENCE ~0~ ~D LINE N~ 8~'4~'10' ~ 70.00 ~ ~0 ~ ~HE ~ESr RIgHt-OF-WAY LINE OF ~R~R¢-PULUNG ~0; ~ENCE L~NC ~10 LINE SOU~ 0~t279' ~ I0.0~ ~gr ro ~HE POINT OF BEGINNING OF ~E CENTERLINE HEREIN OESCRIBED; rHE~E SOU~ 64'06'21" ~Sr It4,57 FE~ ~0 A ~INT HEREI~ER REFERRED rO ~ P¢Nr ~ENCE SOUTH 8¢53'49' ~EST ~77,~ ~gr ~ORE OR LESS rO ON ~E ~ R~r-OF-WAY LINE Of ~O ~R~R~-PULUNC ~0 ~E ~IN~ OF TERMI~nON {I) OF ~ CEN~RLINE HEREIN DESC~BED; BEOINNI~ AT ~E ~OREMENT~NED POINT ~E~E SOUTH 2~22'31' ~ 12~,76 ~: rHE~E NOR~ 6749'14' ~T 125.~ ~Er ro ~HE ~INT Of ~RMI~TION {2) OF ~E CENTERLINE HEREIN OESCRIBEO. P~EL CONTAINS 4755 SO~E FE~ MORE OR LESS. *,. NOT A ~UN~Y SUR~ SEE FIELD 800K ~-21~ PAGE ~2-56 lllII ~ I iIII ...... Icus" SPRINT ~ FLORIDA. /NC. I SKETCH OF OESCRIPDONS OF PART OF SECTION t2. TOWNSHIP II ImI~IIIlllIilI JO SOUTH, RANGE 25 EASE COLLIER COUN~ FLORIDA. ~.~.~.~.~.r~,~ I (5, WiDE UTILI~ ~SE~EN0 ~~'~~-~-~.~~ t-20-02 ~ N820~-005-000 ~ o¢ ~ AGENDA ITEM. No. /~ ~ .j MAR 12 o' // POINT OF OVERHEAD WALKWAY-""- //- ~ ~ ~u~_..,,~ ~ ~ ~x/EASEMENT '~ ~ SEuRTHEUSE ~ ~ (TYPICAL) '~ ~ ~ CEN~R PART OF SOUTH, RANGE {~' ~[ ~ unu~ ~) ~ ~AST, COLLIER ~L ~ PAR~ GF SECTION 12, TOWNSHIP ~0 ~OU~, ~CE 25 ~S~ COUNTY, FLORIDA COLLIER COUN~ ~ORl~, BEING ~ORE ~ARflCU~RLY DESC~'BED AS Ln~C 2.5 FEE~ OH BOTH SLOES OF THE FOLLOW,NC DESCRtBEfl CENTERLINE- CS~ZE, NCING AF THE NORTHWEST CORNER OF THOSE L/NDS DESCRIBED IN OR. BOOK 101~ RACES 600-60~; ~ENCE ALONS THE NORTHWESTERLY LINE OF ~lO ~DS SOUTH 4~SE'35' wES[ 140. I4 FEET ~ORE OR LESS TO THE NORIH R~SHT-OF-N~Y LINE OF ~.S. ~I (S.R. 90) F~I T~IL: ~ENCE NOR~ ~'2~' WES[ 8.94 FE~ TO THE POINF OF BEGiNNINC GF ~E CENrERUNE HEREIN OESCRtBED: [HENCE NORTH 4l'~1'23' ~S[ 14~.4~ FE~; ~NCE NORrH ~28'~ ~ ~T 7~ 8~ FEET: FHENCE NCR~ ~'~'~0' DST ~6~.93 FE~: THENCE VORLH ~'22'~ ~EST ~60.89 FE~ ~0 ~E ~INF OF rEQ~I,~F~SN OF rHE CENTERLiNE HEREAN DESCRIBED. P~CEL ZGNF~,'NS ~93 SOG~RE FE~ ~GRE OR LESS. APPqOXIMATE CEN TERLINE OF 5' ~DE SPRINT UTILITY EASEMEN T~ SEE ~CINITY SKETCH ~) PARKING LOT OF CD~EI~E~IEN[ NORTHWEST CORNER OF FHOSE LANDS DESCRIBED IN O.R BOOK ~Ol~ RACES 600-60I POINT OF BEGINNING G~APHIC 5CAL£ EX.' ANDREW B. BECK, P~,V ~0~5 -- ~TE CERDFi~TE OF AUTHORIZATION NOT VALID WlFHOU~ rile CERZIFI~[E AND R~SED S~ OF A FLORIDA LICENSED SUR~YOR AND ~APPER. ABSTRACT NOT ~CINI~ SK~CH NO~ TO S~E uNE {2) !v/ 7'53'2 4',~ {.T) N. 4mI'25'E. GENERAL NOTES: ~. NO INSTRUMENTS OF RECORD REFLECTINC EASEMENTS, RIGHTS OF NAY ANO/OR OWNERSHIP WERE FURBISHED TO SURV~OR EXCEP{ AS SHOWN. 2. BUILDINGS AS SHOWN ARE FOR PROJECT ORIENTATION ONLY, NOT SuRvFYED. ~. OlI~ENStONS ARE IN FEET/,NO DECIM.4IS THEREOF 4. BEARINGS ARE BASED ON THE NORTHWEST LINE OF THOSE LANDS DESCRIBED IN O.R. BOOK I0~, RAGES 600-601, COLLIER CouNr~, FLORIDA. BEING NORTH 4~r06'~6' EASE 5. O.R. =OFFICIAL RECORD S.R, =STATE ROAD 6. LINES SHOWN OUTSIDE THE LANDS DESCRIBED ARE FOR REFERENCE OWL K oo. NOT A BOUNDARY SURVEY .°o SEE FELD BOOK C-2~5~ PAGE $2-$6 ....... cu~..~ SPRINT ~ FLORIDA, lNG. WilsdnMiiler ...... OF DESCRIP~'IONS OF PART OF SECTION '(2. TOWNSHIP · I 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. I (5, ~IDE UTILITY E4SEMENT) AGEND& ITEM MAR ~?OE UT,'U,~' USE~EN~ PACE ~OJ6 ~ SOUTH~T CORNER .~ 600.51' ~ ~ ~P ~J ' ' m ~K ' LiNE r~lE S , LES ~ETHODIST ~U~H ~i 0 . Bu~ 28z1, OR ~K 209 PAGE 5TS ~ ~ PAGE ~OJ6 LY N. 870702 E. 2.~0 j ~ ~ ~ I ', I ~ DESCRIPTION OF PART OF SECDON 12. TOMfiVSHIP 50 SOUTH, ~[ 25 ~T, C~LIER C~N~ ~ {5' ~ ~NT UTILI~ ~L ~[ P4Rr OF SEC~ON ~2. TOWNSHIP 50 SOUTH, COLLIER COUN~ rLORt~, BEING ~ORE PARTICU~RLY DESCRIBED AS LnNG 2.5 FEt~ ON BOTH S,~[S CF ~E FOLLOWING OESCRIBEO CENFE,~LINE: CS~EtJC,'NG AT ~E SOUTH~T CO~N[~ ON ~[ ~S~RL~OST LI.VE CF rmOSE ~NOS DESCRIBED ~N O.R. B~K 209, PAGE ~ENCE NORTH 8707'02' ~S~ 2.50 FEET ro ~HE ~IN~ OF BEGINNING OF ~HE CENfERUNE HE~E,W DE~R(BED; fHFNOE NORTH OU~8'SO' mES~ ~98.70 ~; ~[NCE NOR~H~SfERLY 156.70 F[~ ALONG ~H[ ~ OF A NON-~GENr~L CIRCU~R CU~ CON~ SOUfH~fERL~ ~NG A ~ADIUS OF t51.3~ ~, TH~UOH A CENfR~ ~GLE OF 6~2F~' AND BELNG SUBrENOEO BY ~ C.wOeD Whgm 8~RS NOR~ ~7.67 FEEf: ~NCE NORT~ 8P~8'~ ~ST 97.75 FEE~ ~E~CE NORfH 85'50'09' ~Sf 2~2.59 ~El ~ENCE SOUTH 8~'02'~2' ~S7 5~.03 ~ ~[NCE NORTH 8C25'~ ~ ~88.~5 ~[NCE SOU~ 7T45'33' ~Sf J6.55 FE~ EHENCE SOUTH ~721'46' ~ 56.~7 THENCE SOUTH 0~17'~ ~S~ 5~9.27 FEE1 THENCE SOUTH 7~'SH4F ~Sr 68~5 FEET rHENCE SOUTH 7UOOUO' NES~ 96. ~7 THENCE SOU~ 8708'52' NES~ ~70.9J FE~ ~0 THE PO~N~ Of ~Nm)NAr$ON OF rHE C[N~ERUN[ HEREIN PARCEL CONTAINS ~4627 0 SOUAR[ FEET WORE OR LESS. VICINITY SKETCH NOT fO SCALE COLLIER COUNTY GOVERNI~ENF CENTER, PART OF SECTION I2, TO~VNSHiP 50 SOUTH, RANGE 25 EAST. COLLIER COUNIY. FLORIDA Curve nu~nbe! Rodl~$= lJl.~4 Ocli o ~ 5~'2 Arc= ~56, 70 Tongent= 89 Chord= Chord ~r9. ~ S. 8T08'§2 ~K _Z ' ~"-= = , 470.9J' /,'VT OF / GENERAl NOIES; I. NO INSTRUIWENrS OF RECORD REFLECTING EASEkiENFS, RICNrS OF FlAY AND/OR OWNERSHIP 'NERE FURBISHED SURVEYOR EXCEPT AS SHOraN. £. BUllRINgS AS SHOFIN ARE FOR PROJECT ORIENTATION ONLY, NOT SURVEYED. J. DIMENSIONS ARE IN FEET AND DECIMALS THEREO~ 4, BF_.4RINGS ARE BASED ON THE EAST LINE OF THOSE lANDS DESCRIBED IN OR BOOK 20g. PAGE 516. COLLIER COUNI~, FLORIDA, BEING NORTH O~lB'50' 5. O.R.=OFFIC~4L RECORD S.R.=STATE ROAO 6. LINES SHOFIN OUTSfOE THE LANDS DESCRIBED ARE FOR REFERENCE ONt K __~__ GRAPHIC SCALE CERTIFICAT[ OF AU~ORI~ON ~L843 NOT V~D ~THOUT THE CERTI~TE ~O OPiGI~L R~SED S~L ~ A FL~I~ L~ENSED SUeR ANO ~PER. A~ETRACT NOT R~EWED. · .. NOT A BOUNDARY SURVEY ... SEE FIELD BOOK C-2155 PACE 52-56 IllmI · I IIII .... ~-- c.~~? SPRINT ~ FLOR/DA. INC. WlI.I~MlilJ~--~II I ...... SKETCH OF DESCRIPTIONS OF PART OF SECTION ,2, TOWNSHIP II I~l~IImIllmIlI 50 SOUTH, RANGE 25 EAS~ COLLIER COUNt, FLORIDA. ~'~'~'~'~'~-~ J (5' WIDE UTILI~ ~SE~ENT) [ ~~'~~'~.~,~--~-- 1-20-02 m820J-O05-O00 Jo; 5 ID-5 iTEM EXECUTIVE SUMMARY Authorize a re-organization of Real Property functions thru separate divisions to better meet the County's business needs and approve the associated budget amendments. OBJECTIVE: To obtain the Board's approval, in accordance with the County Manager's Ordinance 93-72, as amended, to re-organize the Real Property Department to better meet the County's business needs. CONSIDERATIONS: Currently, the County's real estate functions are centralized in the Real Property Department, in the Administrative Services Division. Services provided by the Real Property Department include the acquisition of sites and right-of-way; leasing of land and buildings; management of the Lake Trafford Cemetery, including maintenance and sale of budal plots; and management of the GAC Land Trust including the sale of County-owned surplus property in Golden Gate Estates. Unlike other Departments in the Administrative Services Division who provide core, central support to all County Departments, the Real Property Department provides services to a niche group of internal customers; Transportation, Public Utilities, Parks and Recreation, Libraries and EMS. The Transportation Division's road and storm water projects demand the greatest level of service; .one-half (eight employees) of the Real Property Department's total staff are devoted to this effort. In fiscal year 2000, PWED, the County's centralized capital project management department was re-organized and decentralized. The planners, engineers and project managers were moved from PWED to the Divisions they served and became more integrated and aligned with the operating Departments ddving the various capital projects. The planners, engineers and project managers working on road and storm water projects were moved to Transportation and the planners, engineers and project managers working on water, wastewater and landfill projects were moved to Public Utilities. However, the acquisition of right-of-way, easements and parcels, which is an integral part of capital project planning, engineering and implementation remained in Real Property. This disjointed structure has made the management of capital projects cumbersome and has blurred the lines of accountability. It is recommended that Real Property's appraisers, acquisition agents and support staff involved in road and storm water projects be re-assigned to the Transportation Division. Building roads is the County's number one priority and this move will ensure that the Transportation Division has control over all of the resources needed to get roads built in budget and on time. It is recommended that the remaining acquisition agents and support staff be assigned to the construction management section within the Facilities Management Department that is responsible for the County's Master Plan and all vertical construction projects such as libraries and EMS stations. A,:3 L-.r-iD A ITE .NL, r~. / The benefits of this re-organization will include: · Better accountability for budgets and schedules. · Better project coordination and management. · Reduced project changes, i.e. changes in road alignments. · Elimination of inter-departmental billings. This re-organization will not result in the reduction of staff and does not adversely affect any employees in the Real Property Department. FISCAL IMPACT: In fiscal year 2002, $526,780 was budgeted for inter-departmental billings from Real Property to Transportation for road and storm water projects within a variety of capital project budgets. Interdepartmental billings between Real Property and Transportation will cease and in turn, personnel, operating and capital expenditures will be directly budgeted and expensed in Fund 313. A budget amendment in the amount of $481,247 will be needed to lower Real Property's budget by the amount associated with staff being re- assigned to the Transportation Division. Fund 313's budget will be increased by $481,247 with an offsetting reduction to reserves. Fund 313 reserves will be replenished by a corresponding reduction to various road and storm water capital projects before the end of fiscal year 2002. The estimated savings to Fund 313 is $45,533. Any savings realized in Fund 313 will be used to fund the 5 Year Transportation Plan. GROWTH MANAGEMENT IMPACT: There is no growth management impact. RECOMMENDATION: That the Board of County Commissioners authorize a re- organization of the Real Property Department to better meet the County's business needs and approve the associated budget amendments. SUBMITTED BY: REVIEWED BY: APPROVED BY: Jo-Anne Varcoe-Leamer, ,Administrator Admini: trative Services Norn ~n Feder, Administrator Trar ;portation Division Tom Olliff, County Man~ DATE: DATE: '~ '~' 0 '~- MAR 1 2 2OO pg._ ~¢-- Fund Cost Center 001 122310 001 122310 001 122310 001 122310 001 122310 001 122310 001 122310 001 122310 001 122310 001 122310 001 122310 001 122310 001 122310 001 122310 001 122310 001 122310 001 122310 001 122310 001 122310 001 122310 001 122310 001 122310 001 122310 001 122310 001 122310 001 122310 001 122310 001 122310 001 122310 001 122310 001 122310 001 122310 001 122310 001 122310 001 122310 001 122310 001 122310 001 122310 001 122310 001 122310 001 122310 001 122310 001 122310 001 122310 001 122310 001 122310 001 122310 001 122310 001 122310 001 122310 Budqet Amendment Request A, Object Code 512100- Reg. Salaries 513100 - Other Salades 514100 - Overtime 519100 - Resewe for Salary Adj. 521100 - Social Security 522100- Retirement 523150 - Health 523160 - Life 524100 - Workers Comp. 634200 - Outside Vendors 634999 - Other Contract Svs. 540200 - Mirage Reimb. Regular 640300 - Out of County Travel 640410 - Motor Pool Rental 641700 - Cellular Phone 641900 - Tel. System Support 641950 - Postage, Freight, UPS 645100 - Insurance General 645490- Emp. Notary Bonds 646160- Building R&M 646430 - Fleet Maint. Labor 646440 - Fleet Maint. Parts 646710 - Office Equip. R&M 646910- Data Proc. Equip. R&M 647110 - Printing/Binding-Outside 647210- Photo Processing 648160 - Other Ads 649030 - Clerks Recording Fees 649100 - Legal Advertising 651110 - Office Supplies 651210 - Copying Charges 651930 - Minor Office Furniture 651950 - Minor Data Proc. Equip. 652910 - Computer SoCcccare 652990 - Other Oper. Supplies 654110 - Books, Publications 654210- Dues & Memberships 654360 - Other Training 654370 - Org. Development 764310 - Office Furniture 764900 - Data Proc. Equip. Expenditure Total 487210 - Trans. Serv. Admin. 487260 - GAC Land Sales 487320 - Water Management - Adm. 487370 - Parks & Recreation 487450 - EMS 487830 - Reim. - Capital Proj. Mgt. 341100 - Recording of legal instruments 341440 - Sale of zerox 369802 - Reimburse of current year exp Revenue Total Current Increase Revised Bud.qet (Decrease) Budqet 654,800 $ (316,804) $ 337,996 2,500 $ $ 2,500 $ 34,5OO $ (17,250) $ 17,250 51,200 $ (24,509) $ 26,691 61,200 $ (29,535) $ 31,665 104,600 $ (56,20O) $ 48,400 2,400 $ (1,149) $ 1,251 900 $ (45O) $ 45O 1,300 $ (650) $ 650 2O0 $ (100) $ 100 400 $ (200) $ 200 11,025 $ (6,000) $ 5,025 2,000 $ (1,000) $ 1,000 2,500 $ (1,500) $ 1,000 4,900 $ (2,450) $ 2,450 2,600 $ (1,300) $ 1,300 8,800 $ (4,400) $ 4,400 700 $ (350) $ 350 200 $ (1 00) $ 100 $ $ $ 6O0 $ (300) $ 3OO 600 $ (3OO) $ 3O0 6OO $ (3OO) $ 3O0 100 $ (50) $ 50 1,100 $ (550) $ 550 500 $ $ 500 1,000 $ (5OO) $ 5O0 6,100 $ (3,050) $ 3,050 1,200 $ (700) $ 500 1,000 $ (50o) $ 5o0 500 $ (250) $ 250 200 $ $ 200 500 $ (250) $ 250 2,100 $ (1,050) $ 1,050 1,800 $ (1,000) $ 800 6O0 $ (3O0) $ 300 1,200 $ (600) $ 600 2,ooo $ (1,ooo) $ 1,00o 6,600 $ (6,6oo) s 975,025 $ (481,247) $ 493,778 5,9OO $ (5,9OO) $ 2,500 $ $ 2,500 8,900 $ (8,900) $ 8,900 $ $ 8,900 3,00O $ $ 3,000 572,800 $ (466,447) $ 106,353 100 $ $ 100 100 $ $ 100 100 $ $ 100 $ 602,300 $ (481,247) $ 121,053 Explanation Why are funds needed? To reduce Real Propenys budget to reflect re-organLz~tion and transfer of staff to Transportation Division. Where are funds available? Funds for Real Propert~s services have already been budgeted within the, and storm water construction projects within Fund 313. AG£~,'DA tTEM~ Pg.~ Bud(let Amendment Request Fund 313 313 313 313 313 313 313 313 313 313 313 313 313 313 313 313 313 313 313 313 313 313 313 313 313 313 313 313 313 313 313 313 313 313 313 313 313 313 313 313 313 313 Cost Center 163611 163611 163611 163611 163611 163611 163611 163611 163611 163611 163611 163611 163611 163611 163611 163611 163611 163611 163611 163611 163611 163611 163611 163611 163611 163611 163611 163611 163611 163611 163611 163611 163611 163611 163611 163611 163611 163611 163611 163611 163611 919010 Object Code 512100-Rag Salaries 513100 - Other Salaries 514100 - Overtime 519100 - Reserve for Salary Adi. 521100 - Social Security 522100- Retirement 523150 - Health 523160- Life 524100 - Workers Comp 634200 - Outside Vendors 634999 - Other Contract Svs. 540200 - Milage Reimb Regular 640300 - Out of County Travel 640410 - Motor Pool Rental 641700 - Cellular Phone 641900 Tel. System Support 641950 Postage, Freight, UPS 645100 insurance General 645490 Emp. Notary Bonds 646180 BuildingR&M 646430 Fleet Maint Labor 646440 Fleet Maint Parts 646710 Office Equip. R&M 646910 Data Proc. Equip R&M 647110 Prinfing~Binding-Outside 647210 Photo Processing 648160 Other Ads 649030 Clerks Recording Fees 649100 Legal Advertising 651110 Office Supplies 651210 Copying Charges 651930 Minor Office Furniture 651950 Minor Data Proc Equip 652910 Computer Software 652990 OtherOper Supplies 654110 Books, Publications 654210 Dues&Memberships 654360 Other Training 654370 Org Development 764310 Office Furniture 764900 Data Proc. Equip Current Increase Budqet (Decrease) S 1,012,600 S 316,804 $ 100 S S 9,000 S S 56,100 S 17,250 S 77,500 S 24,509 S 93,500 S 29,535 S 132,300 S 56,200 S 31,600 S 1,149 S S 45O S 2,000 S 650 S 1,500 S 100 S $ 200 S 2,775 S 6,000 S 11,600 S 1,000 S 5,000 S 1,500 S 6,000 S 2,450 S 3OO S 1,300 S S 4,400 S S 35O S 1,000 S 100 S S S 2,300 S S 1,000 S 300 S 2,9O0 S 3O0 S 1,000 S 300 S lO0 S 5O S 2OO S 55O S S S S 500 S 7,700 S 3,050 S 7,2OO S 7OO S 2,OOO S 5O0 S 1,000 S 250 S 5OO S S 2.400 S 250 S 1,000 S 1,050 S 1,900 S 1.000 S 4,OOO S 3OO S 50O S 6OO S S 1,000 S 5~500 S 6.600 Expenditure Total S 1,484,075 S 481,247 991000 - Reserve for Contingencies S 1.961,621 S (481.247) Expenditure Total S 1,961,621 S (481,247) Revised Budqet 1,329,404 100 9,000 73,350 102,009 123,035 188,500 32,749 450 2,650 1,600 200 8,775 12,600 6,500 8,450 1,600 4,400 350 1,100 2,300 1,300 3,200 1,300 150 750 500 10,750 7,900 2,500 1,250 500 2,650 2,050 2,900 4,300 1,100 1,000 12,100 S 1,965,322 S 1.480.374 S 1,480,374 Explanation Why are funds needed? To increase the Transportation Division's budget to reflect re-organization and transfer of staff from Real Property. Where are funds available? Funds for Real Property's services have already been budgeted within the various roadand stormwaterconstruction projects within Fund 313. EXECUTIVE SUMMARY, APPROVAL OF BUDGET AMENDMENT TO RE-APPROPRIATE $72,000 pREVIOUSLY APPROVED BY THE BOARD FOR THE INSTALLATION OF UNDERGROUND CONDUIT TO UPGRADE TELEPHONE AND DATA TRANSMISSION SERVICES AT THE GOVERNMENT CENTER. OBJECTIVE: To re-appropriate $72,000 in funds from general fund reserves. The Board approved this appropriation on August 31, 2001. Funds will be used to connect County offices to Sprint's SONET infrastructure. These connections will improve the reliability and survivability of the voice and data services Sprint provides to the County. CONSIDERATIONS: The Board approved Sprints installation of a SONET ring around the government campus and the inclusion of several other facilities in Sprint's SONET infrastructure. SONET provides Sprint's services to Collier County in a highly reliable, fault tolerant and survivable manner. At the time of approval, the Board appropriated $72,000 for the installation of conduit connecting County facilities to Sprint's SONET ting. The funds were not transferred because the design was not finalized and the funds would not have been expended in the fiscal year that the Board approved the project. Design work is completed and construction is on hold pending the re-appropriation of funds. Sprint is paying for the installation of the SONET ring around the County complex as well as for the communications hardware required for these connections. FISCAL IMPACT: A budget amendment will be required to appropriate $72,000 for conduit and electrical connections from General Fund Reserves. GROWTH MANAGEMENT IMPACT: There is no growth management impact. RECOMMENDATION: SUBMITTED BY: E. Michael Berrios, Network Operatio~t~ Manager Barry Axelrod, Director of~n~~ Technology APPROVED BY: Jo-Anne Varco-Leamer, Administrator, Support Services Approval of associated budget amendments. Date: Date: Date: EXECUTIVE SUMMARY RECOMMENDATION TO AWARD BID 02-3337 FOR CONTRACT PRINTING TO VARIOUS VENDORS FOR AN ESTIMATED ANNUAL AMOUNT OF $40,000 OBJECTIVE: To award a two-year term contract for contract printing that will be used by all County Departments. CONSIDERATIONS: The Purchasing Department has the need to contact firms for the printing of a wide variety of documents for various County Departments. Many of the document print jobs are routine in nature, and therefore lend themselves to standard specifications. On January 14, 2002, formal bid invitations were distributed to 28 firms that provide printing services. Pricing was requested for 33 different proposals for various types of flat forms, carbonless forms, envelopes and business cards used by various County Departments. On January 30, 2002, bids were received and opened from eight (8) printing firms. After careful analysis of all proposals, staff recommends award of this bid on a proposal-by-proposal basis as listed on Attachment "A" and in accordance with the bid tabulation sheet. In order to provide timely delivery and turnaround requirements and to ensure a quality product, the proposals will be awarded to the apparent Iow bidders on a primary and secondary basis. FISCAL IMPACT: It is anticipated that approximately $40,000 will be expended annually from funds appropriated in the operating budgets of the respective using agencies. GROWTH MANAGEMENT IMPACT: There is no growth management impact. RECOMMENDATION: That the Board of County Commissioners award Bid #02-3337 for contract printing as shown in the enclosed Attachment "A". PREPARED BY: :,, ~'~';"- ~ ":-/~: ;_~i, ~, ,, DATE: "-' Gwen Butler, Purchasing Supervisor Stev~ Camell, CPM, Director ~ Purchasing/General Se~s Department REVIEWED BY: ,' ."~F~~ DATE: j O-/A'n n e Varcoe-Leamer Administrative Services Division Administrator AG£NDA I .TJF-N. / MAR 1 2 2002 ATTACHMENT "A" AWARDEE LIST FLAT FORMS Proposal # Primary Awardee 1 2 3 4 5 6 7 8 9 10 11 12 Cecil's Copy Express Cecil's Copy Express Cecil's Copy Express Cecil's Copy Express Cecil's Copy Express Cecil's Copy Express Cecil's Copy Express Cecil's Copy Express Cecil's Copy Express Action Printing, Inc. Action Printing, Inc. Cecil's Copy Express CARBONLESS FORMS 13 14 15 16 17 18 Cecil's Copy Express PRIDE Enterprises Cecil's Copy Express PRIDE Enterprises PRIDE Enterprises PRIDE Enterprises 19 2O 21 22 23 PRIDE Enterprises PRIDE Enterprises PRIDE Enterprises Cecil's Copy Express Cecil's Copy Express ENVELOPES 24 25 26 27 28 28 28 28 PRIDE Enterprises Cecil's Copy Express PRIDE Enterprises Cecil's Copy Express Another Printer Another Printer Action Printing, Inc. Action Printing, Inc. Secondary Awardee Another Printer Another Printer Another Printer Another Printer Another Printer PRIDE Enterprises Another Printer Another Printer Another Printer Cecil's Copy Express Another Printer Another Printer PRIDE Enterprises Cecil's Copy Express Another Printer Cecil's Copy Express Cecil's Copy Expres Cecil's Copy Express Another Printer Another Printer Another Printer Cecil's Copy Express Another Printer PRIDE Enterprises Action Printing, Inc. Another Printer Another Printer Another Printer Action Printing, Inc. Action Printing, Inc. Another Printer Another Printer AG£/',H~A I T EL',t MAR I 2 2002 BUSINESS CARDS 29 3O 31 32 Cecil's Copy Express Pederson Printing Pederson Printing PRIDE Enterprises Pederson Printing Cecil's Copy Express PRIDE Enterprises Pederson Printing SPECIAL PRINTING 33 33 PRIDE Enterprises PRIDE Enterprises Another Printer Another Printer HAR 1 2 ~-OO~./ MAR 1 2 0 Z oooo o-.-. O CD O C CD (D CD O CD CD O (D .'D O 0 C) C) CD CD O O CD 0 0 O0 0 0 0 O0 0 0 0 0 OC 0 0 0 0 0 ~- ,--'~' cS,uS c:5 uS Z ua ~ ~ o ua o oo oo. ooi~o ooo oooo ooo oo~o ~ 0 0 . . 0 0 0 0 0 0 0.0 0 0=0 0 0 0 X .... ~ ¢0 ~3 ~ (o O~ o000 0 0000 O~ ~ 0 0000 0 00o0 o oooo §~ ~ ........ ~ .... 00 0000 0 0000 00 O000 mm oooo m oooo om oooo · -- ~ O~ ~0~0 ~ ~0~0 O~ ~0~0 ~ __ 00 0 O 00 0 00'00 00 O0 0000 0 0000 O0 ~ ~m oooo ~ ~ .~ m~ o .oo ~, oo o, o oo~1o o, ., oo~ AGENf~ Z ~o. ~ I~A~ 2 2002 ~ ~ I0 ~ Pg ~ ~~ 0 ~0 0 Z .~. EXECUTIVE SUMMARY APPROVE NOTICE OF INTENT TO ACCEPT HAZARD MITIGATION GRANT FUNDING FROM THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS IN THE AMOUNT OF $ 7,272.62 AS THE RESULT OF FREEZING CONDITIONS IN JANUARY 2001 OBJECTIVE: That the Board of County Commissioners approve the attached Notice of Intent to accept Hazard Mitigation Grant Program (HMGP) funding from the Federal Emergency Management Agency (FEMA) through the Department of Community Affairs for damage to agricultural interests as the result of freezing conditions in January 2001. CONSIDERATION: The Federal Emergency Management Agency makes hazard mitigation funds available to local governments as a percentage of damages caused by declared natural or technological disasters. Funds are available at a 75/25 % match. Freezing conditions during January 2001 resulted in considerable damage to the agriculture infrastructure of 18 counties including Collier County. President Bush, throu,,h Disaster Declaration 1359DR-FL, declared these counties in Florida as a Federal disaster area. The attached notice of intent to accept hazard mitigation monies is a Federal requirement that must be met before a contractual agreement is executed. A minimum $7,272.62 will be available to Collier County. This amount is likely to increase because other declared counties have declined acceptance of these funds. Based on a perceived shelter deficit of facilities meeting the stringent ARC 4496 requirements, we intend to use these funds to provide window and door protection for the Corkscrew Middle School Cafetorium. Upon completion, 300 additional sheiterees could be accommodated. FEMA would pay 75% of eligible costs and 25% would be paid from monies received in the Emergency Management Preparedness and Assistance Grant funds. FISCAL IMPACT: There is no fiscal impact at this time. If approved, a grant agreement will be prepared for execution at a later date. GROWTH MANAGEMENT IMPACT: The Conservation and Coastal Management Element of the Collier County Grow'th Management Plan Policy 12.1.3 requires that the county identify additional shelter space that complies with American Red Cross standards. AGENDA~EM MARl2 2O02 RECOMMENDATION: That the Board of County Commissioners approve the Notice of Intent to obtain Hazard Mitigation Grant Funds in the amount of $ 7,272.62 as a result of the freeze in January 2001. Ja)Ones vohJRinteln, CEM, FPEM Emerge~yManagem~'~en~t Coordinator APPROVE~ Date: ~?r'~ ~ K~ e~F. Pineau, CEM, FPEM Interim Emergency Services Administrator AGE N,DA,,ITE M MAR 1 2 2002 Pg. ~ STATE OF FLORIDA - JOINT HAZARD MITIGATION GRANT PROGRAM FLOOD MITIGATION ASSISTANCE APPLICATION F -DR-FL THIS SECTION FOR STATE USE ONLY [] Standard HMGP [] 5% Initiative Application [] Standard FMA [] Initial Submission or [] Application Complete [] Resubmission Suppo~ Documents [] Conforms with State 409 Plan [] In Declared Area [] Statewide Eligible Applicant [] State or Local Government [] Private Non-Profit (Tax ID Received) []Recognized Indian Tribe or Tdbal Organization Project Type(s) [] Wind [] Ftood [] Other Community NFIP Status: (c,.=k~, ,..~: a~,y) [] Participating Community ID #: [] In Good Standing El Non-ParticSpating State Application ID State Reviewer [] CRS Reviewer Phone # Reviewer Fax # Reviewer Emaih Date Application Received Signed Date: This awiicanon is for ali Federal Emergency Management Agency (FEMA Region IV) Hazard Mitigation Grant Pro,am (HMGP) and Floo~3'~!itisation Assistance (FNL&) proposals. Please complete ALL sections and provide the documents requ:sted. If you requir~ t:zhniza! assistance xxsth this application, please contact your State Emergency Management Division at (850) 922-5269. A To Fill Out This Application: coraplete all sections which correspond with the type of proposed project Gen oral A?plication Section s: Environmental Re,'iew: 3Iain renan ce Affreem one: Acquisition U'orksheet: Elevation Workshe~: Drainage [Vorkshe~: U 'ind Retrofit Il 'orksheet: Attachment A: Attachment B: pp.l-6: ~II Applicants must complete Lb:ss sections pp. 7-10: Mil Applicanu must complete these sections p. 11: An), applications invoh'ing public property, public o~amerskip, or managern':n: ofpro?er~,' pp.12-14: Xcquisirio~ Projects only -- one worksheet per structure pp.15-19: Eleva:ior. Projects one' - on: worksheet per str'uzmre p. 20: Drainage Projects only ~ pp. 21-22: Wind rerrqfit projects only (HMGP ertl)9 - one worksheet per smazmre FEMA Form 9049 (Request for Publiz Assistance): Ail Appliza~nts must complete, if a?piizable. HMGP/FMA Application Completeness Checklist: Alt applicants are reconxnended to complete tix/s check. I/st B. Applicant Information FEMA- 1 3 5 9 -DR-FL Title ! Brief Descriptive Project Summar,,' I. Applicmat(Organization) Collier' 2. Applicant Type ~ State or Local Goverrmaent 3. Cou~b' Collier ~ State L:msiari've district(s) / ~ 5. Federal Tat: I.D. Numb¢r s. Fins Code" 012 0 21 Disaster name Severe Freeze (}LM GP ONLY) .Ex.., FE~IA-I3OO-DR-FL: Hurricane Floyd County Government [] Reco=maized Native American Tribe ~ Private Non-Profit Cong-ressional Distr/zt(s) 14 59-600558 (*if your FI. PS code is not [mo~am, pleas: tilt out FEM~- Form 90--49 At,ach any continuations or additional items to this page MAR 12 (Attachment A) so that the D:pzrtrnen: rna}' obtain a FrPS code for you) 7. Nationa! Flood Insurance Pro~a,"n (NTLv) Cornmun/ty Identification Nm-nber (tkis number can be obmL,-.sd ~am the F1TLM map for your area) 1 2 O 0 6 7 8. NTIP Corn_tourney Rating System Class Number 7 9. Attach proof of current Flood In. suranc: Policy (FMA only). Flood Insurance Poii:?' Number n / a AGlii~DA,a'6M I0. Point of Contact No. I(F 2002 11. 12. ElMs. [~Mr. ElMrs. FirstName James . LastName~n Title Emergency Hanagement Coordinator Street Address x___!5_D__l_East Tamiami Trail City Naples State FL Zip Code (941)774-8444 Fax (941) 775-5008 Telephone Email Address (i£available)_ vonrl@worldnet - att..net Application Prepared by: [ZlMs. [~Mr. ElMrs. FirstName Kenneth Title EM D i r e c t o r Telephone ( 9 4 1 ) 7 7 4 - 8 4 4 4 Authorized Applicant Agent (proof of authorization authority required) ElMs. Eld, Ir. El.Mrs. FirstName James LastName Coletta (941) 774-8097 Fax Title Chairman, Bd. County Comm. ·Telephone Street Address 3301 East Tamiami Trail 341]v Last pSnea~ Fax (041)77.5-5008 (941)774-5602 City Naples State FL Zip Code 34 1 12 Date March 12, 200, Si~nature 13. Al! proposed projects should be included in the comnty's Local Mitigation Strategy (LMS), please attach a leuer of endorsement for th° project from the counn"s Local Mitigation Strategy Coordmator("~-~,x ~ / Section I. History of Hazards / Damages m the Area to be Protected ~ ,~, ~o g ~ ~o~ ~'~'~ ~ > A. Overview of Past Damages ~ountSt' P~ttorn~ Describe ali past damages from hazardous events in the project area (include name of ston'r~ if applicable), including dir~ a_nd indirect costs. Include Presidentially declared disasters as well as events that did not result in a Presidenfia! declara7, Attach an?' supporting documents. Direct costs should include damages to s~-uctures and infrastructure in the project area as a result of the hazard. Indirect costs should include the cost to the local govermmen: to resBond to victims of the hazard i= the project area, an5' interruption to local businesses, and losses of public services (3 examples are provided for >'our reSerence). Date Frequenc}, of Event ]~x. 1 - 4,'7/89 Spring floods of 1989 (10 year event) Ex. 2 - 10,'5'95 Hurricane Opal (Est. 12-year event) Ex. 3 - 3/21/98 E1 Nino event (1 O-year storm) Damaees (S) Total of $95,000 in damages to I6 hom?s Lift station flooded; S7,200 m pump. and control damage Deny Road closed to traffic due to flooding - 518,500 damage to culvert and roadway Indirect costs (describe) $7,600 for evacuations; $22,000 for cornfo~ station for flood victims Sewage backup in 14 houses; clean-up costs $2,000/house; Total 528,000 Road closed for 20 days; 1200 one-way vehicle trips per day; Delay/detour time 10 minutes No past Damage at this school. School was recently constructed and lies outside of the floodplain and SLOSH storm surge areas. Attach any continuations or additional items to this page AGF_]',IOA IT.E~ No. 12 2002 Page 2 of 22 Section II. A. Project Description Hazards to be Mitigated / Level of Protection I. Select the .type ofhazards the proposed project will mitigate: rq Flood [] Wind [] Storm surge [] O~er (list). tdenti~' the type of proposed project: [3 Elevation and retrofitting of residential or non-residential structure [] Acquisition and relocatien [] Acquisition and demolition 2%vmd retrofit [] Minor drainage project that reduces localized flooding [] Other (please explain) 3. List the total number of persons that will be protected by the proposed project: 3 0 0 Fill in the level of protection and the .ma_wrtitude of event the proposed project xxSll mitigate. (e..~. 23 structures protected against the 100-year (1%) flood) __ smuctures protected against the __ -year Flood (I0.25, 5o. 100. or 500 year) on e ( ls~'uctures protected against I 4 0 mile per hour (mph) winds 5. Engineered projects only (e.g. Drainage Improvements). include (attach to this page) ..MLL engineering calculations and desig~n plans used to determine the above level of protection. 6. Project w/Il provide protection against the hazard(s) above for 3 0 years (i,e.. what is the useful life of thc project B. Project Description, Scope of Work, and Protection Provided Describe, in detail, the existing problem,, the proposed project, and the scope of work. Explain how the proposed project solve the problem(s) and provide the level(s) o£protection described in Pax A. Also. if available, anach a vendor's es~'-nare and'or a conu-actor's bid for th~ scope of work. Collier Count)' has a large deficit of shelter spaces meeting the ARC 4496 requirements. Corkscrew Middle School and is located landward of an)' storm surge preper window and door protection for the cafetorium, 500 additional shelter spaces she!terees. Ke anticipate that "Armorscreen" could be windows for an estimated cost of $18,000. rol!down shutters and will still.oFfer a protection. was constructed in 1998/'99 from hurricanes. Ifith front and rear o£ the could be provided For installed over doors and This is considerably less consSderable amount of than Attach any' continuations or additional items to this page AGENDA gEM MAR12 2002 Pg, J Page 3 of 22 Section III. A. Project Location (Fully' describe the location of the proposed project.) Site 1. Describe the physical location of this project, including street numbers (or neighborhoods) and zip codes; and if available, please provide precise longitude and latitude coordinates for the site utiiLzmg a hand-held global ~osifiovJn~ system (GP&) unit, or,the equivalent. orkseg~w Mlctclle bcnool 116S Count>' Road 858 Naples, .FL 34120 26o17,34,,N 81°34' S0"W 2. Is the project site seaward of the Coastal Consu'uction Control Line (CCCL)? [] YES ~-~NO 3. Provide the number of each structure D,pe (listed below) Lq the project area that x~511 be affected by the project. That is, all structures in project area. residential property businesses / cormmerciaI prope~wy public buildings one ( 1 ) schools /hospitals .' houses of worsh/p other Atta=h any continuations or additional items to this pa~e B. Flood Insurance Rate Map OrltLM) showing Project Site I~ A~ach a copy of the FIP,~\,! rmp, a copy of the panel infon'nation from the FI?cM. and. if evaiiable, the Floodway Mav. FIR:¥f maps are required for this application (if published for your area). Also, all attached maps must have the project site and structures clearlr marked on the map. FIPcMs are rv~icallv available from your loza! floodplain administrator who rvmy be located in a plannmg, zoning, or enekneennz off~ce. Maps can also be orr:red 5~om the Map Sec'ice Center at 1-800-358-96i6. For more info.wrmfion about FIPcMs. contact you: local a~encics o: visit the FI~M site on the FEMA Web-page a: http://www.fema.o~ov/home<.~ISC/hardcopv-htm Using the FIRM, determine tine flood zone(s) of the project site (Check ail zones in the project area). (see FIKM legend for flood zone explanations) [] \'E or V 1-30 [] AX or A 1-30 , [] AO or AH [] A (no base flood elevation given) [] BorX(shaded) [] CorX(tmshaded) No FIR.~ available. See [] Floodway attached ~!ap Index. [] Coastal Barrier Resource Act (CBRA) Zone (Federal regmlafions se-/ctiy ILmit Federal funding for projects in this Zone; please coordinate with yom- sta~ agency before submitting an application for a CBP, A Zone project) ' [] If the FIRM Map for your area is not published, please attach a cop3' of the Flood Hazazd Bo,,_ndary Map (FHBM) for your area, ~,5th the project site and structures clearly marked on the map C. CiD' or Count).' Map with Project Site and Photographs ~ Attach a copy of a ciD' or count' scale map (large enough to show the entire project area) with the project site and structures marked on the map. ~ Attach a USGS !:24,000 topo map wi~, project site clearly marked on the rrmp. ~ For acquixition or elevation projects, include cop3' of Parcel Map (Tax Map, Prope~-%' identification Map, etc.) sho,~ing each properr>' to be acquired. The map should include the Tax ID numbers for each parcel if possible. ~ At-tach photo~aphs (2 copies each) for each project site. The photographs should be representative of the project area, including any relevant streams, creeks, rivers, etc. and drainz,ae areas wh. ich affect the ~roject site or will be affected by the project. AGENDA ITEM No. ,, i/~.[ 2002 Pg. Page 4 of 22 FLOOD INSURANCE RATE MAP COLLIER COUNTY, FLORIDA (U NI N C()R PO R ATt-~ D ,.\ R E,-\S ) MAP INDEX PANELS PRINTED: 179,185,187, 189, 191,193, 195,215,225,381, 383,385,391,392,393,394,415, 425,450,475,500,581,582,583, 584,595,605,610,615,620,650, 675.700,801,802,803,804,812, 8! 7,825,850,875,9OO,925,1OOO 1010,1025,1030,1050,1075, 1100 COMMUNITY-PANEL NUMBERS 120067 0025-1125 MAP REVISED: JULY 2O, 1998 Federal Emergency Management Agency AGENDA,I.TEM MAR ~ 2 2002 Pg. 7 '1200~7 0125 { ' i~eo6~ 0250 D ~Corkscrew Middl'e School · 120067 0275 D O~ 0450 D !20 c, EVE R G'.._A DE,S ! MAR12 ~0~) AGENDA IrEM ": MAR 1 COLLIER COUNTY GOVERN E5 ~RGENCY M_&N&GE,N ~N'T DEPARTMENT 3301 E.TAMIAMI TIL~IL NAPLES, FLORIDA 34 t 12 (941) 774-8444 FAX: (941) 775-5008 A CERTIFIED BLUE CHIP CO~/MJNt ,'~' Februaw 25, 2002 Florida Department of Community Affairs Division of Emergency Management Attn: Arthur Gaines - Mitigation Planning Section 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100 Re: LMS Project Endorsement Dear Mr. Gaines, This letter is to acknowledge that the x~4ndow and door protection project at Corkscrew Middle School Cafetorium is on the consolidated listing of Collier CounU' LMS projects as priority#10. (see attached) Smcerel3' ~ ' ,, K~Pineau, CEM, FPEM Emergency Management Director AGENDA JZ.F_.,M NAR 12 2..002 p.. /O COLLIER COUNTY LOCAL MITIGATION PROJECTS CURRENT LISTING OCTOBER-11T~001 ~,'5~'.9~' '~ ~,~'.~7._ Maintain/Implement City of Naples Storm Water Master Plan. Cost: Approx. $150,000 per year. Funding Source: FMAP / City of Naples Est. Completion Date: Ongoing initiate an "Adopt-A-Storm-Drain" program similar to "Adopt-A-Road" for all municipalities and Unincorporated areas of the County. Cost: $20,000 start-up and $4,000 per year thereafter. Funding Source: EMPA Competitive Grant / Collier County Municipalities. Opr: Collier County Stormwater Management Est. Completion Date: FY 02 Development of'a Stormwater Master Plan for Harvey Basin: Cost $ 25,000. Funding Source: To be determined FY 02 Est. Completion Date: FY 02 Development o~a Stormwater Master Plan for Haldeman Creek. Cost: $ 85.000. Funding Sources: To be determined FY 02 Est. Completion Date: FY 02 Construct all new Public Safety Facilities to be flood-proofed and designed to meet 140-MPH wind impacts. All new Public Safety facilities in the Special Flood Hazard Area shall have a minimum of one foot freeboard above the base flood elevation. Cost: $30,000 to $40,000 per facility Funding Source: Count)' / Municipal Capital Improvement Funds. Opr: Collier County Public Works Engineering Est. Completion Date: Begin FY 00 and Continuing Ail new developments should have emergency generators at each Iift station servicing the development. Cost: Approx. $20,000 per station. Funding Source: Developer Opt. Collier County Current Planning Est. Completion Date: FY 00 and continuing. Prewire external generator hookup at Pine Ridge Middle School. Cost: $10,000 Funding source: H MGP. Opr: Collier County Emergency Management. Est. Completion Date: FY 02 Prewire external generator hookup at Village Oaks Elementary. Cost: $10,000 Funding source: HMGP. Opr: Collier County Emergency Management. Est. Completion Date: FY 02 Removal of Australian Pines and other exotics from adi~cent canal banks and adjacent travel ways within Collier County and Marco Island easements and rights-of-way. Cost: ~1,124,000. Funding Source: FMAP - Collier County / City of Marco Island. Opt. Collier County Stormwater Management / Marco Island Public Works Est. Completion Date: Begin FY 01 and continuing AGF_,,N DA ITEM MAR 1 2 20O2 10. 11. Install window and door protection to the cafetorium at Corkscrew Middle School. Cost: $18,000. Funding Source: HMGP/ColIier County School District Est. Completion Date: FY 02/03 Improve drainage and canal maintenance along the Goodlette Road Canal from 14 Ave. North to Pine Ridge Rd. Cost: $120,000 Funding Source: FMAP / Collier County Capital Improvements. Opr. Collier County Public Works Est. Completion Date: FY 02 12. Flood-proof base of the Everglades City Hall building structure, provide window and door protection at all openings. Cost: Est. $70,000 Funding Source: Hazard Mitigation Grant. Opr. Everglades City Est. Completion Date: FY 02 13. Construct improvements to the Haldeman Creek Stormwater Basin. Cost $1,050,000. Funding Source: To be determined FY 02 Est. Completion Date: FY 06 14. Develop/maintain the Collier County Long-Range Beach Erosion Control Budget. Cost: Approx. $900,000 per year Funding Source: Tourist Development Taxes. Opr. Collier County Public Works Engineering Est. Completion Date: Ongoing 15. Upgrade signalizatior, sites within the Entire County to "mast arm" if signals are located South and West of U.S. 41. Cost: $75,000 per mast arm. Funding Source: Hazard Mitigation Grant Program / FDOT / USDOT. Opt. Collier County Transportation Department / Naples Public Works Est. Completion Date: Ongoing 16. Initiate GIS mapping of fire hydrants throughout the entire Collier County area. Initial Costs: $30,000 Annual Maintenance: $1,000 Funding Source: Local fire districts / Emergency Management. Opt. Collier County Emergency Manage-nent Est. Completion Date: FY 02 17. Perform Engineer Assessment, $2,000. Prewire external generator hookup, $15,000, install shutters, $20,000 at Lake Trafford Elementary Funding Source; HMGP. Opt. Collier County Emergency Management. Est. Completion Date: FY 03 I$. InventoD' roadways that are prone to fresh-water flooding and identify corrective measures and schedule improvements in the Capital Improvement Pro_m-am. Cost: Varies Funding Source: City / County Capital Improvements Opt. Collier County Transportation Est. Completion Date: FY 03 19. 20. 21. 22. 23. 24. 25. 26. 27. Undertake intersection improvements at Goodlette Rd/Golden Gate Parkw,'ay to mitigate ongoing flooding at this critical evacuation route juncture. Cost: $1,000,000 Funding Source: FMAP / City of Naples / Collier County Opr. Collier County Transportation / Naples Public Works Est. Completion Date: FY 04 Land Development code: 2.5.5.2.4.9.1 - Political signs. Add paragraph 7. "Ail political signs in permitted and un-permitted locations will be removed and stored within 12 hours of the receipt ora hurricane warning for Collier County. Cost: None Funding Source: N/A Opr. Collier County Emergency Management Est. Completion Date: FY 02 Perform engineering assessment, $2,000, Prewire external generator hookup at Immokalee Middle School, $15,000. Funding Source, HMGP. Opr. Emergency Management. Est. Completion Date: FY02 Collier County Utilities should budget for 5 generators per year to service lift stations until deficit has been reduced to 50% in it's service area. Cost: $100,000 per year Funding Source: Collier County Capital Improvement Fund. Opt. Collier County Public Works Est. Completion Date: Begin FY 00 and continuing Lnstall window protection (panels), hangar door reinforcement and vehicle bay door protection at Collier County EMS Medic 2 and Medflight station. Cost: $32,000 Funding Source: EMPA Competitive Grant / General Operating budget. Opr. Collier County Emergency Services. Est. Completion Date: FY 02 Golden Gate Public Safety Facility - Install storm panels on windows and protect 6 bay doors. Cost: $30,000 Funding Source: EMPA Competitive Grant / Count3' Operating Budget. Opr. Collier County Emergency Management Est. Completion Date: FY 03 North Naples Public Safety Facility - Install window prote~ion (panels) and entry door protection (roll-down) shutters. Cost: $20,000 Funding Source: EMPA Competitive Grant / General Operating Budget. Opt. ColIier County Emergency Management Est. Completion Date: FY 02 Provide additional sea-oats planting to minimize beach erosion in Marco Island, C.:.ty of Naples and Collier County. Cost: $200,000 Funding Source: Collier Tourist Development. Opr. Collier County Natural Resources Department / Collier Count' Public Works Engineering Est. Completion Date: FY 01 and ongoing Install entry door protection and wind protection for 5 bay doors at North Naples Fi=e District Station44. Cost: $16,000 Funding Source: E1V~A Competitive Grant / North Naples Fire District. Opt. No~h Naples Fire Distfi~ Est. Completion Date: FY 02 MAR 1 2 2002 pg. 28. Develop and maintain extra directional signs, street signs, stop signs etc.. to assist motorists after a disaster - countywide. Cost: $I00,000 Funding Source: Municipal / County Capital Improvements. Opt. Collier County Transportation Department / Naples and Marco Island Public Works Departments Est. Completion Date: FY 03 29. Install wind protection on 6 bay doors, and roll-down shutters on main entry doors at East Naples Fire Department Station 20. Cost: $ 35,000 Funding Source: EMPA Competitive Grant / East Naples Fire District Opr. East Naples Fire Department Est. Completion Date: FY 02 30. Install roll-down shutters on entry doors and wind protection on 6 bay doors at the East Naples Police Safety Facility. Cost: $23,000 Funding Source: EMPA Competitive Grant / East Naples Fire Department. Opr. Collier County Emergency Management Est. Completion Date: FY 02 31. Establish a requkement in the Collier County Land Development Code that all residential projects of 50 dwelling units or larger to have designed landscapes with the intent to direct wind and its resultant impacts away form vulnerable dwellings. Cost: Varies Funding Source: Developer Opt. Collier County Current Planning Collier County Emergency Management Est. Completion Date: FY 002 32. Install accordion shutters on 2nd floor, storm panels on 14 floor, roll-do~m shutters on main entrance door and wind protection for 6 vehicle bay doors at Big Corkscrew Island Fire Department Station 10. Cost: $23,000 Funding Source: EMPA Competitive Grant, BCIFD. Opt. Big Corkscrew Fire Dept. Est. Completion Date: FY 02 33. Install entry door protection (roll-down shutters) and wind protection for 5 vehicle bay doors at North Naples Fire District. Station 40. Cost: $13,000 Funding Source: EMPA Competitive Grant, NNFD. Ops. North Naples Fire Department Est. Completion Date: FY 03 34. Install entry door (roil-down shutters) and wind protection for 5 bay doors at North Naples Fire District Station 42. Cost: $13,000 Funding Source: EMPA Competitive Grant / North Naples Fire Department. Opr. North Naples Fire Department Est. Completion Date: FY 03 25. Construct improvements to the Rock Creek Basin. Cost: $ 450,000. Funding Source: To be determined FY 02 EsS Completion Date: FY 04 - 06. 3~. Perform engineering assessment, $2,000. Install roof retrofit bracing, $15,000 and install additional window protection, $12,000 at Lely Elementa:3'. Funding Source: _'~2ViGP Oft.: Collier County Emergency Mgmt. Est. Completion Date: FY03 MAR 12 2002 ] .... _! 37. Perform roof engineering and retrofit, $15,000. Install additional shutters, $12,000 at Vineyards Elementary. Funding Source: HMGP, Opr: Collier County Emergency Management. Est. Completion Date: FY03 38. Construct and maintain the Gordon River Extension Basin. Cost: $ 5.211,000. Funding Source: To be determined FY 02 Est. Completion Date: FY 06 39. Haldeman Creek Basin Restoration program. Cost: $150,000. Funding Source: To be determined FY 02 Est. Completion Date: FY 01-02 40. Install entry door protection (roll-down shutters) at Immokalee Public Safety facility. Cost: $8,000 Funding Source: EMPA Competitive Grant / Collier County Capital Improvement Funds. Opr. Collier County Emergency Management Est. Completion Date: FY 02 41. Install storm panels on windows, roll-down shutters on entry door, wind proteaion for 3 bay doors at Immokalee Fire Station 30. Cost: $18,000 Funding Source: EMPA Competitive Grant / Immokalee Fire Department. Opr. Immokalee Fire Department Est. Completion Date: FY 02 42. Install entry door protection (roll-down shutters) and wind protection for 5 bay doors at North Naples Fire Station 43. Cost: $13,000 Funding Source: EMPA Competitive Gram / North Naples Fire Department Ops. North Naples Fke Department Est. Completion Date: FY 03 43. Install window protection (panels) entry door (roll-down shutters) and wind protection for 4 bay doors at Isles of Capri Fire Station 90. Cost: $20,000 Funding Source: EMPA Competitive Grant/Isles of Capri Capital. Opt. Isles of Capri Fire Department Est. Completion Date: FY 02 44. Install storm panels on windows, roll-down shutters on entry door and wind protection for 4 bay doors at EMS Medic 12 - Big Corkscrew Island. Cost: $16,000 Funding Source: EMPA Competitive Grant / Collier Count), Capital Improvements. Opr. Collier County Emergency Services Est. Completion Date: FY 02 45. All new construction in the Special Flood Hazard Area (SFHA) shall site all electrical equipment at a minimum of 1 foot free-board above the base flood elevation. Cost: Less than $1,500 Funding Source: Property Owner Opt. Collier County Emergency Management Est. Completion Date: FY 02 46. Change Collier County and municipal Land Development Codes to requke ~[ new nursing homes, adult living facilities that are licensed for more than 15 clien':s to ~,ave a core shelter for residents and staff on site. Cost: additional 3-4% of Collier Count3' Cur':cut development Funding Source: Developer. Opr. Planning, Collier Coun.*y Emergency Management Est. Completion Date: FY 02 and on going. MAR 1 2 2002 47. Install mechanical bar screen cleaners for all pump stations in the City of Naples. Cost: $600,000 Funding Source: Hazard Mitigation Grant / City of Naples Capital Improvements. Opr. City of Naples Utilities Est. Completion Date: FY 04 48. Removal of all exotic vegetation on Tracts C and D on Marco Island. Cost: $300,000 Funding Source: Hazard Mitigation Grant / Marco Island Capital Improvements. Opr. Marco Island Public Works Est. Completion Date: FY 04 49. Development of the Immokalee Urban Area drainage project. Cost: $ 720,000. Funding Source: To be determined FY 02 Est. Completion Date: FY 02 50. Removal of all exotic vegetation at base of Jolly Bridge on Marco Island. Cost: $16,000 Funding Source: Hazard Mitigation Grant / City of Marco Island Opr. Marco Island Public Works Est. Completion Date: FY 04 51. InstalI shutters and external generator wiring / transfer switch at Golden Terrace Elementary School. Cost: $17,000 Funding Source: EMPA Competitive Grant Program. Opr. Collier County Emergency Management Est. Completion Date: FY 03 52. Install Shutters and external generator wiring / transfer switch at Village Oaks Elementary School. Cost: $17,000 Funding Source: EMPA Competitive Grant Program. Opr. Collier County Emergency Management Est. Completion Date: FY 03 53. Install shutters and external generator wiring / transfer switch at Big Cypress Elementary School,. Cost: $17,000 Funding Source: EMPA Competitive Grant Program. Opr. Collier County Emergency Management Est. Comp. FY 03 54. Install shutters and external generator wiring / transfer switch at Laurel Oaks Elementary School.. Cost: $17,000 Funding Source: EMPA Competitive Grant Program. Opt. Collier County Emergency Management Est. Completion Date: FY 03 55. Install shutters and external generator wiring / transfer switch at Pine Ridge Middle School. Cost: $29,500 Funding Source: EMPA Competitive Grant Program Opt. Collier County Emergency Management Est. Completion Date: FY 03 56. install roll down shutters on 5 windows and main entry door at Everglades Ak Park. Cost: $12,000 Funding Source: EMPA Competitive Grant Program / HMGP Opt. Collier Count), ,Mrpo~ Authority Est. Completion Date: FY 02 57. Develop Wildfire,~d'rban interface Public education program, $1,000 per ),ear, Funding Source: EMPA, Opt: Collier County Emergency Management Est. Completion Date: On- going AGENDA ITEM No. . I'4AR 1 2 2002 58. Perform engineering assessment, $2,000. Install roof retrofit bracing, $15,000 and install additional shutters, $1.2,000 at Laurel Oaks Elementar3'. Funding Source: HMGP Opr: Collier County Emergency Mgmt. Est. Completion Date: FY03 59. Perform engineering assessment, $2,000. Install roof retrofit bracing, $15,000 and install additional shutters, $12,000 at Big Cypress Elementary. Funding Source: HMGP Opr: Collier County Emergency Mgmt. Est. Completion Date: FY02 60. Install additional window/door protection in interior courtyard at Gulf Coast High School. Cost: $10,000 Opr: Collier County Emergency Management. Est. Completion Date: FY03 61. Insure that Collier County Solid Waste "Hazardous Waste Collection Days" be increased to semi-annual. Cost $50,000. Funding Source: Collier County Solid Waste/Pollution Control. Opr: Collier County Pollution Control. Est. Comp. On- Going 62. Formulate a Post Disaster Redevelopment Policy to address matters related to development and the mitigation of the effect of disasters to Everglade City Cost $20,000. Funding source: Everglade City Opr: Everglade City Est. Completion Date: FY04 63. Development of the Belle Meade Agricultural Area drainage project. Cost: $135,000. Funding Source: To be determined FY 02 Est. Completion Date: FY 02 64. Development of the North Livingston Road Area Master drainage project. Cost: $ 2,246,000. Funding Source: To be determined FY 02 Est. Completion Date: FY 06 65. Lely Area Stormwater Improvement Project. Cost: 14,292,000. Funding Source: To be determined FY 02 Est. Completion Date: FY 05 - 06 66. Construction ora drainage ditch in the vicinity of Avalon School/Thomason Drive. Cost: $ 349,000. Funding Source: To be determined FY 02 Est. Completion Date: FY 02 - 03 67. Construction ofdr~.inage outfalt along Wig.~gins Pass Koad. Cost: $ i,585,000. Funding Source: Tv be determined FY 02 Est. Completion Date: FY 02 Constru~ion o£an outfalI ditch at Lake Kelly. Cost: $ 355,000. Funding Source: To be determined FY 02 Est. Completion Date: FY 02 Development 07 a Stormwater Master Plan and ongoing constraction projects for the Gateway Triangle area of East Naples. Cost: $ 2,374,000. Funding Source: To be determined FY 02 Est. Completion Date: FY 06 AGENDA ITEM No. /L/F,/ . MAR 12 2002 /'7 . 70. Installation of culverts across canal that parallels SR 29. Cost: $ 155,000. Funding Source: To be determined FY 02 Est. Completion Date: FY 02 71. Village Oaks Elementary School - Reinforce roofing structure over cafetorium and adjacent class room. Cost: $ 22,000. Funding Source: HMGP Est. Completion Date: FY 03 OPR: Collier County Emergency Management 72. Vineyards Elementary School - Reinforce roofing structure over the cafetorium and an adjacent classroom. Cost: $ 22,000. Funding Source: HMGP Est. Completion Date: FY 03 OPR: Collier County Emergency Management 73. Immokalce ttigh School - Install window and door protection at the main entrance oflmmokalee High School. Cost: $15,000. Funding Source: HMGP Est. Completion Date: FY 03 OPR: Collier Count), Emergency Management 74. Lei3, Elementary School - Reinforce roofing structure over cafetorium and adjacent class room. Cost: $ 15,000. Funding Source: HMGP Est. Completion Date: FY 3 OPR: Collier County Emergency Management 75. Pelican Marsh Elementary School - Install ~4ndow and door protection at main openings to school cafeteria. Cost: $15,000. Funding Source: HMGP Est. Completion Date: FY 03 OPR: Collier Count' Emergency Management NAR 12 2002 Section IV. Budget/Costs in ttris secdom provide details of ail th~ estimated costs of .'._he project. As 'dnis information is us~-d for the Benefit-CosT Amal'..~is, reasonable cost es~'-nates are essential. SL'az: project a~,r2nis~ative cosu are zaiculated on a siicl~g scale, do not include th-~m in the "-' :g¢r. Also, do not include ~on'4n~encv costs m the budge:. A. Materials I,:e._! Dimension Ouanrin' Cost vet Unit Los( "Stormshield" 66'X9' 604sq ft $19 87 ~12 000 B. Labor (Lncluds equipment costs -- please indicate all so~[ or in-kind matches) Description Hours Rat____ge roict,Management 8 24.50 in~l]TG Cost.. S196.oo ~-~ Fees Paid Lnclude an5' other costs associated with the project. escriprion or"Task ~'ours R'~re None Cox~. Total Estimated Project Cost $ 22,196.00 A~ach any continuat;ons or additional items to this page AGEI~DA ITEM _ bIAR l2 2002 lq Pg, D. Funding Sources (round figures to/he nearest dollar) Thc maximum F~.:~.4 share for ItMGP/.F:~f, dprojects is 75%. The other 25% can be made up of State a.nd Local fi.rods as well as k.md ssa-ices. Moreover, the FMA pro=m-am requ;xes that the ma:dmurn ha4:ind ,match be no more ',_h-_n 12.5% of the total project cos:s_ I-IMGP.,TNLa. funds ma>' be packaged w/th other Fedora[ fiands, but other Federal funds (except for Federal funds which lose their Fedora! idenfi~' at t2ue State level - such as CDBC. ARS, HOME) rna)' not be used for thc State or Local match. £$timated ,FEMA Share S 97147 7 5 % o£Total (maximum of 75% Non-Federal Share Estimated Local Share $ 5,0 4 9 2 5 % of Total (Cash) $ __% of Total (In--kind) EstLmated State Share $ __ % of Total (Cash) S __% of Total (N-kind) Other Agency Share S (ldenti~' Ocher Non-Federal Agency Total Funding sources from above S 1 2,19 6. Other Non-FEM.4 federal Funds $ (identify Other Federal Agency ]00 (Do not include Lq total) % of Tota! __Total % (should ecua! 100%) E. Project Milestones List *.he rv.~jor milestones m th/s project by providing a_n e~5_mated tLme-tine for the z~rica! activities. Milestdm'e [e.g., Dema!ition of 6 sLmztur~ and removal Produce Armor Screen Product Drill attaching mechanism and product install Numb~er o£Dav'.v to Complete 14 dali 8 weeks 2 days A~ar'h any continuations or additional items to this page Page 6 of 22 Section V. Environmental Review (NOTE: This appiication cannot be processed if this sec:ion is not completed.) Because Ge F_MGP.'?NL& are federally' funded pro,ams, all projec~ are required to ,undergo an enviro~nenta~ review as p~---t of the ~ant application pro:ess. Moreover, all projects must comply xxith the National Environmental Poi/:':' Act ('N~PA) and associated =--%fa;. Stare. Tribal. and Local statutes to obtain fi.mding. NO WORK can be done prior to the NEPA review process. If work is : on >'our proposed project before the NEPA review is completed, it will NOT be eligible for Federal funding. A. .National Environmental Policy Act (N-EPA) Documents ,dil projec:x must nave aaeq',~ate A,~PA documentation that enables the FEM.4 Regional Environmental ~cer to determine i£the pro~osef project complies with A:£PA and associated statutes. The F~M,4 Mitigation Division Environmentat Specialists provide comprehe~:s;vc the ]V££A revimv. The l)pe and quanti~,' ~, ,4 technical assistance for States and Az~z~licanm, with ti~eir consent, to complete documents required to make this determination varies depending upon the project's size, location, and complcxtCr. ~owever. a: minimum, ~iease provide the applicable documentation from this section to facilitate the A~?.4 compliance process. If your project fits into one of the descriptions listed bdo}*': development of m/figation plans; inspection and monitoring activities; studies involving only staff time and funding; training activities using existing facilities; please include the following required :'VEPA documentation: ~' Detailed project description, scope of work, and budget:costs (Section II (p. 2) and Section Ix.' (p 4)) For all other projects, attach/include thc following .&'E?,4 documents/information: Detailed project description, scope o~ .,o.k, and bud~edcosts (Section II (p. 3) and Section ~' (p. 5) of d~2s a::ha,t~on~ Project area rrmps (Sectio,n, II!. pa~ A & B oft_his application (p. 4)). Project area;structure photographs (Section [I~. par: C ~f this application (p. 4)). Project alternatives description and impacts (part B of this section ortho application Cop. 7-9)). 'A letter from the State Historic Preservation Officer (SF20) regarding, cultural r:sources (ar:heologica! a_nd kisto:-ic) m the oroiezr area (NOTE: ?le~e inform the SH?O ifa structure to be altered is over 50 years old.) Provide any applicable infornmt/on or documentation referenced on the "7~£o?w:a,5on and Documentario?? Needs b)' Prq~ec: ~x'pe" chart (page 10 of this application) Bo .43t ernative Actions The N~PA process requires that at. least two alternative actions be considered that address the same problem:issue as the proposed project. In this section, hst two feasible alternative projects to mitigate the hazards faced in the project area. One altema~ve is the '~o Action .Mternafive." 1. No Action Alternative Discus~ thz impacu on the project area if no action is taken. Section V. Environmen:al Review; B. Mternafive Actions, continued any continuations or additional items to this page MAR 12 2002 / Page 7 of '~ 2. Other Feasible Alternative Discuss a feasible alternative ',o the proposed projec:. %~s could be an entirely di££zrent mitigation m:chod or a si~ificam modification tc '.he design of the current proposed pr~ec:. Convc~iete all of pm-ts a-e (below) and mctude :nginez~,nz demils (if ap?iizab[e). a. Project Description for the Alternative Describe, ~m detail, the alternative pr~ect. Also, ex~la~ how tine alm,~afive proje:: x~411 solve £ne problem(s) and'or :rovide protection fi-om the hazard(s). An alternative to this project would be to install roll-down shutters at each window and door opening.at a considerably higher cost for the product and installation. b. Project Location of the Alternative (d~iscr/be briefly) Anach a map or dia~am sheering the alternative site in relation to the proposed project site Photographs (2 copies) of a!temative site Same as prAmary recommendation. ScopeofWorkforAlternativeProject Obtain at least three quotes Select a vendor. Order the product. Install the product. that meet the Hiami-Dade r~-~u i r cmeEt s A~ach any continuations or additiona! items to this page Section V. d. Environmental Review; B. Alternative Actions, continued Impacts of Alternative Project Below. discuss the L~'zroact of this alternative on fine project area. Inz!ud: :owmaent5 on Encee issus; as :pproeNate: ~nvirom~ental Justice. Endangered Species. Wetl~ds. Hv~olo~v (Uvs=cam and Do~s~zam zm~aze water l~acm), Floodplain: Floodway, Historic Presem'ation and H~dou5 Matemals. The primary impact is financial. Ro]ldown shutters would fare at least as well as the Storm Shield product and could be put in place much quicker in the event of a damaging wind storm. e. Estimated Budget/Costs for Alternative Project In Lhis set,on, provide d-~tails of ali fine estim2ted costs ofth~ altc~atix'e nroie:t (round figu:ss te the nearest dollar). 1. Materials /tern ;, Dimension Oz~an:i.w Cos: po, Ur, ir Roll-down shutters 66x9' 594 sq.ft $48.19sq.ft. . Cost $28,~,25. Labor (Include equipment costs - please indicate ail "soft" or in-t'dnd matches) Description: Hours Rate included in materials Cost Fees Paid Include an5' other costs associated with ~-- project. -'," r Ho~r$ None Co y_._.Z A~azh any continuations or additiona! items to this page Total Es imated Project Cost S MAR 12 2002 S28,625. Page 9 of 22 '-7 .< '? AGENDA ITI~M No. ~AR12 2002_ Section biaintenance Agreement whose ro osed roject involves the retrofit or modification of ~isting public.,pro?erO' or .,ill applicants , · P- 'P '-' P-r~:.7* in the ,,ubtic ownership or management of pr. oper~_ ¢s~r,u,c, tures, Ugt2 t~.~u&, , or witose proposea proje, cr wa. .... r ...... : ....... ~,,,,irtino their aoolicanon to facilities, must flrst stgn tl~e joaowtng agreemem pr~u, ........ o · licants whosenroject only invoh, es the retrofitting, elevation, or other modification to (:'VOTE: Those app, _, - ,-'- -,:- .... ;- ,,rivate after nroiect completion DO A'07 have to · e ro e · Wltere the ownership nm lgtt&u&tt ff 7' x- prtvat p p try complete this form.) The County of Col 1 ier . State of Florida, hereby a~ees that .~. We.'. ~°_~:.~ra1 aid as a result of the attached project avvlicafion, it will _accept r~p_.o.,n..~s:i_bjI_i?)ff~/~ ~ ii it recewes m? rcu ~ ., _. -_ ........ r e~essa ior the routine malntcnanuc u~m,~ ~- r --~ . . · o~mexpense~rn ~ . ~, ,~ , , · ..... : .... : ......... h linclua~-butnotbehm~tedt° such cons~cted as a result o! suga reaeral ala. moutmc mamt¢.m~ .... aI '-, , ~d sto~ drains cle~ az oos~cuons one aeons; anu ~ox~xh. The cumose of this a~eement is to make clear the Sub~antee's maintenance responsibilities following project e Sub~antee's acccomn:e of these resoonsibilifies. It does not reolace, suCerced:, or add awa{d and Ia show · = .,.,._ . .... r~r;l law o~ regulation ~d which are in force on the to ~5' o,her mainte'ant' responslo~tlr~es lmooseu oy date of project award. Si?.edby James N. Coletta -,~,-~ or r~'pcd name o/signing official) Chairman, Board of Count>' Commissioners this twelfth _(da>') of March (month), 2002 the duly authorized represenrat:ve .(year). Si_maamre* *Please note: The above signature most be by an individual with legal signing authoriO' for the respective local government or count3' (e.g., the Chairperson, Board of County Commissioners or the Count)' Manager, etc.) County Atm,-ne~ A~a=h any continuations or additional items to this page .... AGE'NDA ITEM' uo. _ MAR 12 2002 Page I1 of 22 A. ~te Flan (raqutraa~: [] A site plan, x~-i'fi-, alig-nment drasx4mgs, that ~ciudes '~: location, pi~ view and cross-set,on of cu~, fills and S~aCv~es fs ~eqtdred. Include ~e ~e, and meas~emen~ of aI! pipes, culve~, ditches, swaie~ and detention;retention b~L~s and ponds. Send ~e foi!o~n~ enginee~g :alculado~ as a~propfiate: ~ Calculzfio~ used to dete~e Lhe s~es of any cuivexs ~ ~h: projec: ~ea (&ainag: m-ex, mmo~t offlow, slope of culve~, Wen el:rations). ~ Calculations used to dete~e ~: s~es or' any ditches aha' swales m hke prQe:: area (~ma=~4--; *~ area. amount of flo~', slope and dep~ of Ce ~tch). ~ Calzulatic~ ~ed to deter: ~e s~e of ~5' detenrion"retention basins and >onds (~a~age area, amount of flow, scape-storage, and s;=.-&s,ka,=, cmwes). B. Environmental Impacts (please ana:h th: follo~ing, as appropriate) Both upstream and downsmeam impacex need to be co~xidered and discussed i~ the ,5~P~ documents and coordina:io~ letrerx. Leper ~om State Histohc Preser,'ation Old:: addressing impacts an cul~al resosrces. Le~:r ~om ~: .~y Co~s of Engineers ~dica~g whaler a ps,it is reqmred far ~e projec:. Loner from ~e State Water Management Die,ct indi:atin5 wh:~nsr a p:~t is required for fine project. ~ Loner ~om :he D~a~_n. o ..... xo,xm~n,.I Protection inSica:in~ whether a vs~t is r:cuL-ed rot ,~.e project. 3 Loner from Ce US Fish and Wildlife Sec'ice addressing ~¢a:ts to x~51dlife. If project is in coastal area, anach a Ieuer from eke ..National Ma~ne Fisheries Scm'ice ad~essLnc L~.pacu m~me reso~ces. If~e project is located ouuid: Eno ciD' l~ts, a~ach a loner 5om ~e Nasa! Reso~ces Co~e~'afion Se~Sce ad&~e~sk~g ~macts to F~: ~d ~que fa~2ands. C. Lener of Map Revision ~OMR) A Loner of Map Revision (LOMR) ~y be needed for ~s project..~y ch~ges to ~e Flood ~,~ce ~t: Maps (F~M) need ro be reflected on ~: flood ~ps, w~ch is acco~lished ~ough ~h: LOMR process. The co~cficn of ~s project ~y lower ~e 100-y:~- flood elevation and ~us, possibly lower ~e flood msm-~ce rates for s~:~es m ~e project area. If~ LOMR process is applicable to ~e propose~ project, please contact ~e Dep~ent for assistance at (850) 922-5269. Proj eot Scheduling Note below (or a~a:h to th.is page) an)' special circumstances regarding project s:hedul~g. Wind Retrofit Worksheet - HMGP only WIND RETROF;T PROJECTS ONLY Please :511 our ,35s worksheet completely. A separate worksheet is required for tack sr~act~re to be wind re~-ofi~ed. ~l A,'ta:h photo~apb, s (~w~'o copies) of each side of the building to be retrofirrec Attach an), continuations or additional items to this page MAR 1 2 2002 Va-o 20 of--"'~ certificate issued by the Dr, de Court. n, Building Department stating that the proposed shutter products have beer, tested. am~'roved, and cor~mlv wi$h the Dodo CounO; Specificozions. Non-certified shutters or products cannot be used. Fill out the table below..NOTE: ,41l shaded line items are rertuired to mrocess the ap ffication) n formation ,, l) Buildin~ Name (2) Address (3) CID'. State and Zip 4) Owner/AppLicant (5) Contact Pe~on (6) Disaster Number (7) Project Number (8) -~ 3plicafion Date (9) Analyst B. Buildin_i~ Data (!) Select BuildLng ~ Non-Engineered Wood - Wood buildings do not rec=iv: specific enginee,'Sng at~ent/on. -Zxam?le; inz!ude singls and multi-fzmily re:id:nc:s, some one- or two- seeD' apartment units, and some small commercial buildings. ~ Non-Engineered ,Masonm' - Tn:sc mason.,?' buildings do not ret:we spezifi= en.~nee.dng a:tentiot,,. =.Examples include single and muhi-familv residences, some one: or w'o~ sroD' -'-pa. ~":m.. -~n,t units, and some kma!l comme.-cial buildings. E Manufactured Building - 'Fn:se buildings are Lypically light metal srr'. aztures cr manufactur:~ housing un/ts (e.g., mobil: homes'L Manufact,ured buildings are produced in large numbe~ of iaemicai or simiiar units. ~ Lightb' Engineered - Tn:se b~ildings may combine rnasonw ,,v{fl~' st,eel framing, open-web steel joists, wood framing, and wood raft. cra. Some pa'c~ of the building receive engmee.'sng a~c'ntion while others do not. -fxamptes include motels, commercial, and light industrial bui!dm~. !21 Fulh' Engineered - Usually these buildings are desi~,.ed for a specific sit,e and t,hus receive specific, individualized design att~-n, tion from professional archilec'..s ~.nd on,ne:rs. Exarnp. ies include high-rise office hotel buildings, hospitals, and most public buildings... 'Zl Other - These buildings do nol fk into an.',' oft.he des~,Otions listed above. (2) Building Sit: (Miles Inland) (3) Number of' Stories Above Grade (4) Construction Date (5) Historic Building Controls (6) Disaster Number C~. Buildin~ Size and Use (I) Total Floor .area (SF) 'l J[O. Buildino V~lue i (1) Building Replacement Value I AGENDA ITEM No. [? F / - Attach any continuations or additional items to this page MAR 12 2002 IPage 21 of 22 Wind Retrofit Worksheet ccntinued- (HMGP only) Buildinq Value (2) Demolition Threshold Buiidinp Contents (I) Contents Description (2) Total Value of Contents F. Displacement Costs Due to Wind (!) Rental Cost of Temporary Building Space ($/sf/month) (2) Other Displacement Costs (S/month) G. Value of Public Non-Profit Service (I) Description of Services Provided (2) Annual Budget of Public Non-Profit Agencies (3) Post Disaster Continuity Premium (S/day) iH. Rent and Business Income (i) Total Monthly Rent from ail Te'nants (S/month) (S/month)(2) Estimated Net Income of Commercial Businesses Ill. Miti.qation Project Data (1) Project Description (2) Proiect Useful Life (Years) (3) Mitigation Project Costs (4) Base Year of Costs (5) Annual Maintenance Costs (S/year) ~. Temporary, Relocation Costs (1) Relocation Time Due to Project (months) (2) Rental Cost During Occupant Relocation (S/month) (3) Other Relocation Costs (S/month) A~ac.h any continuations or additi2nal items to this page AGENJ~ 1fro No._ !¢~'/ ._ MAR 12 2002 Front of Building Front of Building NAR 12 2.002 Rear of Building NAR 12 2002 Rear of Building CAFETERIA Rear of Building MAR 12 2002 Rear of Building MAR 12 2002 EXECUTIVE SUMMARY APPROVE THE PURCHASE BY THE ISLES OF CAPRI FIRE & RESCUE CONTROL DISTRICT OF A USED, CLASS "A" FIRE TRUCK FROM THE CITY OF MARCO ISLAND FIRE RESCUE DEPARTMENT FOR $31,887 USING IMPACT FEES AND APPROVE THE NECESSARY BUDGET AMENDMENT OBJECTIVE: Approval for the Isles of Capri Fire & Rescue Control District to purchase a used Class "A" fire truck from the City of Marco Island Fire Rescue Department for $31,887 using Impact Fees and approval of the necessary budget amendment to appropriate funds from Isles of Capri Impact Fees. CONSIDERATION: The Isles of Capri Fire & Rescue District is experiencing substantial growth. In addition to the Fiddler's Creek Development, the District currently has two, seven story condominiums under construction and five, 22 story condominiums have been permitted. To meet the increased call volume resulting from the growth, it is necessaD' for the Fire District to acquire an additional fire truck. The City of Marco Island Fire Rescue Department has a 1985. Class "A" fire truck that they are offering to the Isles of Capri District for $31,887. The truck has been inspected by Fleet Management and the Isles of Capri Fire Chief. Fleet Maintenance has found the truck to be in very good condition, has had excellent maintenance and should not need major maintenance in the near future. The cost of a new Class "A" fire truck, similarly equipped, would be approximately $300,000. FISCAL IMPACT: A budget amendment is required to move $31,887 from reserves in the Isles of Capri Fire Control District Impact Fees Capital fund (373'). The source of funds for this purchase is impact fees. GROWTH MANAGEMENT IMPACT: There is no growth management impact. RECOMMENDATION: That the Board of County Commissioners approve the purchase by the Isles of Capri Fire & Rescue Control District of a used, Class "A' fire truck from the City of Marco Island Fire Rescue Department, and approve the necessary budget amendment. SUBMITTED By:'?.,~.~t ~ ~e_~_ Date: d ~' cz '~-~ Chie~ilio Rodfiguez, Isles of Capri Fire Control District APPROVED '~: , ~'~'¢ ~ Date: d ~, ,~; Kenneth.F_:.. Pineau, Interim Administrator, EmergenCy Ser~'ices A'~ENDA I,{.T E.J~ N~. ~ ~. ~. /~ MAR 12 2002 City of Marco Island Fire Rescue Department 1280 San Marco Road Marco Island, Florida 34145 BILL OF SALE PURCHASER: Isle of Capri Fire Control District Isle of Capri, Florida 34113 SELLER: Marco Island Fire Rescue Department Marco Island, Florida 34145 In consideration of the payment of the sum of $31,887.00, and other good and valuable consideration, the receipt of which is acknowledged. The Seller hereby sells and transfers to the Purchaser the following: 1985 Emergency One Hurricane Pumper Vehicle Identification # 1F9ABAA88F 1037201 * Detroit Diesel Turbocharged 6 cylinder Engine · Air Conditioned three-person cab · Hale 1250 GPM Pump · 2-1 V4 Crosslays · 1- 2 ½ Crosslay * I- 2 V= Rear Pre-Connect · Hard Suction · 24fl. Extension Ladder · 14ft. Roof Ladder · 10ft. Attic Ladder · Hose Bed Capacity: 1200 ft. 5" 600 ft. 2 'A" · Sigtronics intercom headset system To have and to hold each and every item listed above to the Purchaser, its successor, and assigns forever. WARRANTY OF TITLE Seller hereby warrants that on the date below, Seller was the lawful owner of the equipment listed above and that Seller had a good and lawful right to sell the same and that the title to same was free fi'om any charge or encumbrance whatsoever and that Seller will defend said title. Seller shall surrender the certificate of title to Purchaser upon receipt of payment for the vehicle. GENERAL WARRANTIES SELLER MAKES NO WARRANTIES, EXPRESS OR IMPLIED. AGENDA ITEM, No. /~., ~'~' MAR 1 2~.,,-.'~'~" F'g City of Marco Island Fire Rescue Department Bill of Sale Page Two In Witness Whereof, Seller has caused this instrument to be executed in its name by a duly authorized representative on the following date. Date: Seller Marco Island Fire Rescue By: Witness (signature) Witness (print name) STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was , 2002, Marco Island Fire Rescue Depart}nent. produced driver's license no. acknowledged before me this _ day of , on behalf of He is [ ] personally known to-me, or [ I has as identification. (SEAL) NOTARY PUBLIC Name: (Type or Print) My Commission Expires: AGENDA ITEM No. /~i~ MAR City of Marco Island Fire Rescue Department Bill of Sale Page Three In Witness Whereof, Purchaser has caused this instrument to be executed in its name by a duly authorized representative on the following date. Purchaser's Name: Purchaser's Signature: Witness (signature) Witness (print name) STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this day of 2002, by - ' , on behalf of He is [ J personally known to me, or [ ] has produced driver's license no. as identification. (SEAL) NOTARY PUBLIC Name: (Type or Print) My Commission Expires: · Ap~proved as to form and legal sufficiency: Jacqueline Hubbard Robinson Assistant County Attorney AGENDAJTEI~ No. 12 2002 Pi;.,, q City of Marco Island Fire Rescue Department Bill of Sale Page Three In Witness Whereof, Purchaser has caused this instrument to be executed in its name by a duly authorized representative on the following date. Purchaser's Name: Purchaser's Signature: Witness (signature) Witness (pr/nt name) STATE OF FLOR/DA COUNTY OF COLLIER The foregoing instrument was acknowledged _, 2002, by before me this _day of ___, on behalf of ?/e is [ ] personally known to me, or [ ] has produced driver's license no. as identification. (SEAL) Approved as to form and legal sufficiency: Jacqueline Hubbard Robinson Assistant County Attorney NOTAaR Y PUBLIC NalTIC: (Type or Print) My Commission Expires: AGE NDA...ITEM, No. MAR12 2002 Pg.. q EXECUTIVE SUMMARY CONFIRM THAT THE ADVERTISING OF INDIVIDUAL COUNTY COMMISSIONER MEETINGS THROUGHOUT THE COMMUNITY SERVES A PUBLIC PURPOSE AND AUTHORIZES THE USE OF PUBLIC INFORMATION STAFF TO PREPARE NOTICES FOR SUCH MEETINGS OBJECTIVE: To provide a full Board confirmation to allow County staff and funds to be used to publicly notice meetings being held by individual commissioners throughout the County. CONSIDERATIONS: Commissioners are with more frequency holding meetings in areas of the County to provide an opportunity to hear from constituents, to deal with specific issues in particular neighborhoods, or to provide information about some particular County program or initiative. In cases where the full BCC has directed that meetings be scheduled and held, it is implicit and in fact required that Public Notice be provided. However, when individual commissioners hold such meetings there has been no specific authorization that these in fact do serve a public purpose and can then be noticed through the County's Public Information Office. In these cases the Commissioners are to the best of staff's knowledge strictly providing public information, providing a public sen'ice by providing an opportunity for public comment and input without having to write or come down to the County. GROWTH MANAGEMENT IMPACT: There is no growth management impact issue associated with this issue. FISCAL IMPACT: There is a very limited fiscal impact associated with this item, as it requires very little staff time and limited flyers for each meeting. RECOMMENDATION THAT THE BOARD OF COLLIER COUNTY COMMISSIONERS, confirm that the advertising of individual County Commissioner meetings throughout the community serve a valid public purpose. Th6~-ai-v¢ ~ Ol[iff,-C ou~ APPROVAL OF BUDGET AMENDMENTS BCC Agenda of March 12, 2002 Improvements - General Reserve for Contingencies Total: Forest Lakes Roadway & Drainage MSTU (Fund 155) Budget Amendment #02-203 $18.100 (18,100) Explanation: Funds are needed for additional drainage work, pipe repair, and pipe replacement for the Forest Lakes Roadway and Drainage MSTU. AGENDA ITEM No. /¢. ~ _...~_... MAR 2002 i': :: ___/_ EXECUTIVE SUMMARY APPROVAL OF BUDGET AMENDMENT TO CONVERT AN AIRPORT AUTHORITY CAPITAL GRANT TO AN OPERATIONAL GRANT Objective: Board of County Commissioners approval of a budget amendment to convert a project grant in the Airport Authority's Capital Fund, Fund 496, to an operations grant in the Airport Authority's Operating Fund, Fund 495. Considerations: A major source of revenues for operating the Airport Authority's three airports is the sale of aircraft fuel. Air traffic and the sale of fuel were severely impacted by the September 11 terrorist attack. For the period September 11 through November 30, fuel sales were 25% lower than projected levels, resulting in a gross profit shortfall of $31,000. Subsequent to November 30, fuel sales have continued to lag behind budgeted amounts. To address problems such a this, which were experienced by airports throughout the state, the Governor signed into legislation an airport flexible funding program that allows the Florida Department of Transportation (FDOT) to issue or amend grants to offset the effects of the September 11 tragedy. Staff has communicated with FDOT Aviation and has identified a previously approved project that could be deferred to an outer year so that the funds could be used for operational purposes. The project identified is a project to design and construct a wetland mitigation area at Immokalee Airport. The total project budget is $55,000. The source of the funds for this project is $44,000 from FDOT Aviation, representing 80% of the total cost, and the remaining 20%, or $11.000. coming from a County match. Fiscal Impact: The previously approved appropriation for the Immokalee wetlands mitigation in the amount of $55,000 will be eliminated and the appropriation along with the estimated revenues will be transferred to the Airport operations fund in Fund 495. Growth Management Impact: There are no growth management impacts. Recommendation: That the Board of County Commissioners approve the necessary budget amendments to convert a $55,000 capital grant in Fund 496 to an operations grant in Fund 495. Prepared by: ' / ~'r ~4 'Robert P. Titus Finance Manager ,'~GENDA Reviewed by: Approved by: John H. Drury ..Executive Director Stephen Price Collier County Airport Authority Chairman Date: -; ,1 Date~/~'~7~ L. F ,,Executive Summaries~,Conversion to operat,cna~ grant doc AGENDA ITEM No. /~,/¢ l - MAR 12 200~ Mar-05-02 04:48P P.03 0l / U~/2~2 : b: ~I 541-534-Ti 72 ~LORID~ DOT-t~PTO[,J P~E C3 Guideline~ rot implementation of Flexible Akpart Fun~ing (Sena~ BiB 48-B) Re,~ised No,~emoer 20, 20e~ Background On Friday, Novernt~er 16, 2001, the Governor sig~ leXiCon m~o~ ~ funding pmg~. The ~w ~m into ~e~ i~e~eLy, ~n n~ mqu~t ~ndi~ ~der ~ n~ fl~le guld~es ~d ~ssue or a~ g~n~ under this program. The Gov~or a~d ~e L~is~e i~e~ ~at ~e ~pa~me~ allow m~mum ~m a~a~on p~mm ~s to assist ai~o~ ~o~h n~~fi~at diffi~es. T~ go~ is to ensure ~at Florida's al~ ~ ~eill ~e~ ~e in ~e ~v~ o~ Florida's e~omy. The obje~vea am to en~u~ge ~ffer se~ at Ro~'s Bi,oAs. assure ~at ~e a~ fu~n effi~enay and efl~u~e air ~ger ~nfi~n~. Discussion September 11th deaU a critical blow to our nations airports. Flor~e airports are no excepllon. in ~e first few weet~ after the trage(ty, alrpor~ operational costs jurnpect dramatically and airport revenue declined )ust as dramatically, Incr~ed costs ate due, pdmanly, to increased ~ecurity personnel Oec~eased revenue ia clue to recluced traffic tn the days after airpocts resumed operation, fl'aRr~C was 20 percenl to 30 I:~rcer~t of normal. Two m~nfl"m after the b'agedy, passenger traffiC at Florida's airports is still 23 percent the comparable l~me last year. A few clays after the t~ageoy, offices under the Governor c, or~ ucle~l telecon~erences wit~ the clirectom of each large and r~e¢lium hul~ ai~ort tO assess ~ssues and datem~ne how the state could helD. Th,s is ~ the concept of temporary assistance to cover lost revenue and ~nct~aseCt oDerational costs was developed. The Flor[cia Airport Managers Association Board of Directors met ~ the C:~overnor discussed the details of necessary legislation. Boll1 ~e Legislature and the Governor are aware of t~e critical role that aviation plays in the Florida e~onemy. It is the inter~t of Doth the Legislature arid ~he Governor to do what is rtecessary to r~tum airports to I~ancial footing and assure tj'avalers that air transl~a'tafion i~ safe. This r~uires a flexible funcling program ~ maximum Depadment cooperation with eir~ort management. Gui¢lell~es 1. Up to 100 patient of capital an~ operating (of:~rating and maintenance) costs fo~' secufi~ and ~u~d reven~ su~quent to ~~ 11~ am eligible un~r ~ pmg~m. Opeia[~al a~ ~i~l ~s~ ~o n~ ~ave to be dimply ~ated to s~ty ~ ~ Migible Mar-05-02 04: 48P P.04 2. l~ f~scal years are included ir~ the legislation, the currant fiscat year, FY 2001-02, and heX1 fiscal year, FY 2002-03, It is not legislative intent !o obligate funds Deyond FY 2(X]2-03 so that t~'~ey would i3e included in teal=ia funding, e.g. througll pre-qualitied JPAs, etc. However, all state funda currently available for ait3)ort use a~e et[g~ble for the program even if ~ey were approptl&ted in a prior fiscal yea~. 3, Both commerCial service and genera! aviation airports are eligible. 4. Ali r, apitat and operating expenses subsequent to September 11~ ara eligible even if the expanses were incun'ed p,'ior to the signing ef the legis{at~on and prior to Department aDPrOVal of art ex4x~se plan. 5. ~n [he imer~.,st of equity for the airl~rt~, tYle Department cannOt shift program fund~ from one airport to another without full agreement of the airport mat would lose funds. Each ai~ort has a right to Ilexible use of the funds that ate cun'enffy programme¢l for that aiq~ort. B. Airport requests fo~ fund~g for eligible projects must be supported Dy an expenditure plan. The Department must approve the plan prior to approving ~e projects anti providing funds. Expenor~ure plans submitted to the Department for approval must be au~ori2ed by the airport owner (c;ty commission, county commission, authority). Expencliture plans do not need to be ~engthy or complex ancl stlould be taken at face value. They should simply ax,olail~ ~e reason roi' ~e need and describe any support documentation that could be proviclecl to the Deparlment, if requested. 7. Salary mcreases for extst~n~ st, afl, staff bonuses and similar expenses are not e~igible I~ems. B, P~lor year grants that have unexpended functs can be amended to allow capital an~l operating co~s and up to 100 perce~t funding for this program. 9. if an airport wants to expend airport funds according ~n these gui(letines and credit the expenditures against oulstarx~ing aviation pn3grum loans, this is ehgiOte under this pr~l;r~m as long as an expenditure Dian is approved by the OeDartment. 10. CisTict office slalf must cteafly explain to eac~ al=~icant that this program does not include additional state funding for airports, Any state funds use~l lot operating costs undef this program will not be available for previously programmed capital projects. The defen-ed capital project~ ~an be reprogrammed futlher out in the wod< program out years if fundir~g is available. 11. Under this legislation, wo~ program phases cart be changed to reflect operating ~3sts and new work program items can be added by the =lLsl]-ict offices. Merely mal(e the changes in the work program. No further approval is required as long as the c_~anges accommodate projects 13~at qualify under the tegislatJort. Quick wo~ program ctmnge$ and JI=A processing am the objective for tttese ~ojecls. Dist~c~ office work pn:)gram questions can be ¢lirected to Po~iie Howell. 12. Collies of expenditure plans that am approved by [he disl~,ts for Department funding, ~e related work program item numbers end the arr~unts snail be forwarded to the State Avia'eon Manager so ~at reports can be p~epared for Legislature., 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 Count:. matters. In accordance with Resolution No. 99-410, Commissioner James D. Carter hereby requests that the Board of CounD: Commissioners approve for payment by the Clerk his/her attendance at the following function / event: Function / Event: International College 2002 Humanitarian Award Luncheon Public Purpose: Interact with constituents and award recipient Date of Function / Event: March 21. 2002 Amount to be paid bv the County: 75.00 ' · 41 · · International College ~ ....i'i £)(X)_o.~Umanitarian .:_~vard 'C~uncheon [/~Ne will attend the .~ard Luncheon Please reserve table(s) of eight @ $600.00 each. (see reverse~ indix4dual ticket(s} 6' $75.00 each. Enclosed is a check in the amount of S payable to International Cotlege Special Event. Please cha~e my Visa MC # Expiration Date Signature I am unable to attend, but enclosed is my m-deductible contribution to International College in the amount of $ City [%J ~Of.~=,~ State {:~rL-- Zip Telephone ~ -'~ L{ -~O ~ Please return this card along with_your check ~ March 5, 2002 Contact Linda Paine at (941) 513-1122 For tax purposes, estimated value of goods and services ?er tic~t is $40.00. INTERNATIONAL COLLEGE IS A 501 (C) {3) NOT FOR PROFIT ORGANIZATION ._I/i. ~ inda :~aine · ~vard '~Uncheon ~,.ommittee International College 2655 Northbrooke Drive Naples, Florida 34119 BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE FOR BOARD ACTION: 1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: io B° Clerk of Courts: Submitted for public record, pursuant to Florida Statutes. Chapter 136.06(1), the disbursements for the Board of County Commissioners for the period: I. Disbursements from February 9, 2002 through February 15.2002. 2. Disbursements from February 16. '~00'~ throuoh February '>'~ 2002. Minutes: 1. Notice of meeting for February 28.2002. 2. Lei',' Golf Estates Beautification Advisory Committee - Agenda for February 8.2002. Minutes of January 11.20i)2. 3. Clam Bay Sub-Committee - Agenda Ibr February 14. 2002: Minutes of February 4.2002. 4. Radio Road Beautification M.S.T.U. - Agenda Ibr February 19. ,00,. Minutes of January 14.2002. 5. Bayshore Beautification M.S.T.U. - Agenda tbr February 13. 2002: Minutes of January 9, 2002. H:Data/Tormat AGENDA ITEM FIAR 12 2002 Pg- EXECUTIVE SUMMARY THAT THE BOARD OF COUNTY COMMISSIONERS ("BCC") ADOPT AN ORDINANCE TO IMPOSE A MANDATORY COURT COST OF $3.00. FUNDING THE TEEN COURT OF COLLIER COUNTY PURSUANT TO SECTION 938.19, FLORIDA STATUTES IN TIlE AMOL~'NT OF $38,100. OBJECTIVE: To adopt a Collier County Ordinance pursuant to Section 938.1% Florida Statutes, to collect fees to fund the Teen Court of Collier CONSIDERATIONS: Teen Court was created pursuant to Section 775.083(2)(d). Florida Statutes which authorizes the county to collect court fines to fund crime prevention programs. Teen Court is a court diversionary program for first time iuvenile misdemeanor offenders and COUrt education program for student volunteers that has been in existence in Collier County since June of 1999. Teen Court is currently budgeted in the Court Admin~str:~tion Fund (681). Previously. Teen Court x~ as partially funded by state .iuvenile prevention .gr'.m~ q ii, at are no longer available. Section 93S.19 of the Florida Statutes enables a county to 'adopt an ordinance imposing a S3.00 court cost to be assessed in specified cases in civil and circ~t courts. Out of the 59 Teen Cottrts in the state of Florida. 34 of them are funded through tine enactment of a countx~ ordinance pursuant to Section 938.19. Florida Statutes. On January' 8, 2002, the BCC Directed the County Attornc',, to prepare and advertise fox' public hearing an ordinance to impose a mandatory court cost of 53.00. fundino= the Teen Court of Collier County pursuant to Section 938,19. Florida Statute>. The proposed Ordinance mandates that the $3.00 will be charged as a court cost by' both Circuit and County' Courts against e`. ery person v~'ho pleads guilt,,' or ~[~ coute~dere to. or is convicted of. regardless of adjudication, a violation of: a state criminal statute, or a municipal ordinance or county ordinance, or who pays a fine or civil penalty for any violation of Chapter 316, Florida Statutes, entitled "State Unifo~Tn Traffic Control". Hoxvever, the $3.00 assessment will not be made against a person for the violation of any state statutes, county ordinance, or municipal ordinance relating to the parking of vehicles, with the exception of a violation of the handicapped parking la`.vs, `.vhich are set forth in 316.1955. Florida Statutes. FISCAL IMPACT: Teen Court expenses are currently budgeted in FY02 Court Administration Fund (681). There is $31.800 budgeted in FY02 General Fund (001) as revenue associated with the implementation of the proposed ordinance. The re`.enues will be moved bv budget amendment to a new fund to be used exclusively for the Teen Court in C, dlier Coun,t,v. AGEND__.A ITF, JVl I 2 2002 GROVe'TH MANAGEMENT IMPACT: There is no impact to the growth management plan associated x~ ith this proposed ordinance. RECOMMENDATION: That the Board of County Commissioners adopt the attached ordinance funding the Teen Court of Collier County. That the Board of County Commissioners approve the necessary budget amendment. SUBMITTED BY: Jen'~'~%f A. Belpbdjo Assistant County ,~omey REVIEWED BY: - /'~ '~~'~ Mar~ Midg~rook Deputy Court Administrator REVIEWED BY' APPROVED BY: ~t:tt/~'~B'r~cck. Clerk of ~-o'~irt - -- - David C. Weigel, County Att~y Date: hJ.\B [~xSum-Teclqt ourlOrd-FlN.-\L AGEND~ I T.F_,M NO. ~ MAR 1 2 2002 P~.,, ~ 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 ORDINANCE NO. 2002- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA PROVIDING FOR FUNDING FOR THE COLLIER COUNTY TEEN COURT PROGRAM; PROVIDING FOR FINDINGS OF FACT AND PURPOSE; PROVIDING FOR ASSESSMENTS IMPOSED; PROVIDING FOR DISTRIBUTION OF FL,~DS COLLECTED; PROVIDING FOR EXPENDITURE AND MANAGEMENT OF FUNDS BUDGETED; PROVIDING FOR AMENDMENTS TO SECTION 938.19, FLORIDA STATUTES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING AN EFFECTIVE DATE. WHEREAS, Collier County, in 1999, through the Office of Court Administration for the 21 Twentieth Judicial Circuit in and for Collier County, created the Collier County "Teen Court" for 22 the sentencing of juvenile misdemeanor offenders by a body of their peers; and 23 WHEREAS, Florida Statutes, Chapter 938. Court Costs, in Part III, entitled "Mandatory 24 Coutx Costs Authorized by Local Governmental Entities", authorizes an addmonal three dollar 25 ($3.00) cost to be assessed on specified cr/minal and civil cases filed in Circuit and County Court 26 to fund the operation and administration of Teen Court; and '~" WHEREAS, the Board of Count',' Comsnissioners of Collier County, Florida deems ~t 28 appropriate and in the best ~nterest of the public health, safety and v, elfare to adopt this 29 Orchnance to ~mpose a mandator5 court cost assessment for the funding of Teen Court. 30 NOW, THEREFORE BE IT ORDAIN'ED BY THE BOARD OF COL~'TY 31 CONLMISSIONERS OF COLLIER COUN"I'Y, FLOR[DA that: 32 33 SECTION ONE: FINDINGS OF FACT AND PURPOSE 34 35 (1) Teen Court is a highly effective court diversion program where participating 36 youthful offenders are diverted from further delinquency by being encouraged to take 37 responsibility for their actions and positively contribute to their community. 38 (2) Teen Court also serves as an educational program abou! the court system as it 39 exposes teen volunteers to community service work, positive role models, and the judicial 40 process. 41 (3) Florida Statutes, Chapter 938, Court Costs, in Part III, Mandatory Court Costs 42 Authorized by Local '2002 1 3 4 5 6 7 8 9 t0 i1 12 13 t4 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 32 be assessed on specified criminal and civil cases filed in Circuit and County Court to fund the operation and administration of Teen Court. SECTION TWO: ASSESSMENTS IMPOSED (11 Pursuant to Section 938.19, Florida Statutes, which is incorporated herein by reference into this Ordinance, a three dollar ($3.00) assessment shall be charged as a court cost by both the Collier County Circuit Court and the Collier County County Court against every person who pleads guilty or nolo contendere to, or is convicted of, regardless of adjudication, a violation of: a state criminal statute, or a municipal ordinance or county ordinance, or who pays a fine or civil penalty for any violation of Chapter 316, Florida Statutes. (2) Any person whose adjudication is withheld pursuant to the provisions of Section 318.14(9) or Section 318.14(10), F.S., shall also be assessed the three dollar ($3.00) court cost. ~3) The three dollar ($3.00) assessment for court costs shall be in addition to any fine. civil penalt.~ or other court cost and shall not be deducted from the proceeds of t};at portion of any fmc or civil penalty which is received by a municipality in Collier County or by Collier County in accordance with Sections 31.6.660 and 318.21, Florida Statutes. 'i4) The three dollar ($3.00) a~sessment shall be specifically added to any civil penalty paid for a vmlatmn of chapter 316, whether such penalty is paid by mail, paid in person without request for heanng, or paid after hearing and determination by the court. (5) However, the three dollar ($3.00) assessment shall not be made agmnst a person for the violation of any state statutes, county ordinance, or municipal or&nance relating to the parking of vehicles, with the exception of a violation of the handicapped parking laws, which are set forth in 3 i6.1955, Florida Statutes. (6) Court costs accessed pursuant to Section 938.19, Florida Statutes shall be limited to a three dollar ($3.00) assessment per case. These court costs are mandatory costs and are not required to be orally announced at sentencing. SECTION THREE: DISTRIBUTION OF FUNDS COl J_ECTED (l) The Clerk of the Circuit Court in Collier County ("Clerk") shall collect thc respectixe three-dollar ($3.00) assessments for court costs established by Section Two. The Clerk shall retain five percent (5%) of the total monthly assessment for as fee income for administration. gurt costs so co[le~ct~ed. ! MAR PS,. /_,5. [ 6 7 8 9 10 Il 12 13 14 15 16 17 18 19 20 21 23 24 25 26 27 28 29 3O 31 32 33 (2) All funds collected pursuant to thig Ordinance shall be used for the exclusive purpose of conducting the Collier County Teen Court program as set forth in Section Four, below, and shalI be deposited into a fund estabhshed by the Clerk specifically for the operation and administration of the Collier Count>' Tccn Ceurt program as set forth in Section Four, below. SECTION FOUR: EXPENDITURE AND MANAGEMENT OF FUNDS BUDGETED The Court Administrator or his des, ghee shall, in accordance with Section 938.19, Florida Statutes, and w;th the budget adopted by the Collier County Board of Commissioners, have the authorit) to provide for the expenditure of funds remitted to the Collier County Teen Court program. SECTION FIV[: AMENT)MENTS TO SECTION 938.19, FLORIDA STATUTES Amendmc~:t: to Section 938.19, Florida Statutes, if any, shall be deemed automatically included by reference, ah of the effcct~xc aatc o: the respective amendment(s), unless: the Board of County Comm:.~_,:onc:'s ~s required to make a '3ecismn with regard to the amendment; or the amendment(s) a;~c~:ate~- a discretionar? i~ocat option) decision to the Board of Count)' Commissmners and me Board of Count.,,' Comrr~t~sioners determines that thc discretionary (local opUon) provls~or.r; ~ >n~,.ll not apply u, itF. in C,~'.iicr County, or shall apply within Collier County only as locall} mod::ted b} thc Board of Cou,".:~ Ctm~missioners. SECTION SIX: CONFLICT AND SEVERABILITY In the event this Ordinance conflicts k~ith any other ordinance of Collier County or other applicable law, the more restrictive shall appl}. If any phrase or pomon of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining pon,on. SECTION SEVEN: INCLUSION IN TItZ CODE OF LAWS AND ORDINANCES The proxls:ons of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Co!lief County, Florida. The sections of the Ordinance may be renumbered or re-lettered to accomplish such, and the word "ordinance" may be changed to "section", "article", I AGEND,- or any other appropriate word. NO. ~ MAR 3 SECTION EIGHT: EFFECTIVE DATE A certified copy of this ordinance shall be filed with the Department of State by the Clerk of the Board of Collier County Commissioners within (10) days after enactment by the Collier County Board of Commissioners. and shall take effect June 1, 2002. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this __ day of ,2002. 9 10 11 13 14 15 16 17 18 19 2O 21 23 24 25 26 27 ATTEST: Dwight E. Brock, Clerk Approved as to form and legal sufficiency: J~'~-nnifer A. Betp~io Assistant County~,ttomey h JAB',TecnCIOrd BOARD OF COUNTY COMMISSIONERS OF COLLIER COU~*TY, FLORIDA By: James N. Coletta, Chairman 2002 EXECUTIVE SUMMARY APPROVE A RESOLUTION TO CREATE THE PRICE STREET-BAREFOOT WILLIAMS ROAD WATER MUNICIPAL SERVICE BENEFIT UNIT (MSBU) DISTRICT; AUTHORIZE FUNDS FOR ENGINEERING SERVICES; APPROVE THE AMENDMENT OF THE CONTRACT TO AEC NATIONAL/WILKINSON IN THE AMOUNT OF $26,495 FOR ENGINEERING SERVICES. OBJECTIVE: That the Board of County Commissioners in its capacity as the Governing Board of Collier County, adopt the attached Initial Assessment Resolution creating the Price Street/Barefoot Williams Road Water MSBU District. CONSIDERATIONS: On June 20, 2001 staff from the Public Utilities Division, held an informal meeting with property owners to discuss the formation of a water assessment district that comprises thirty-three (33) properties located along Price Street from the rear of the Shops at Eagle Creek (approximately 400 feet South of US 41) to Barefoot Williams Road and then North approximately one thousand two-hundred (1.200) feet along Barefoot Williams Road to an existing 8-inch water main. The entire length of the project is approximately 3,800 linear feet. Petitions were mailed to the owners of the thirty-three (33) properties and the results as received are as follows: 23 property owners responded in favor of creation of the MSBU': three (3) responded against creation of the MSBU; and seven (7) did not respond. Copies of the petition are attached as exhibit "A" and are on file with "Records and Minutes." The attached Initial Resolution describes the boundaries of the MSBU: describes the improvements and services that will be provided water by means of this project: provides cost estimates that include design, construction, financing, etc.: describes the method to apportion the costs among all parcels of property directly benefiting from these improvements; provides for prepayment of the assessment: provides for an interest free period of payment: and recognizes the fairness provided by the apportionment methodology. Upon approval of the attached Initial Resolution creating the MSBU, a preliminary assessment roll will be prepared, a notice of publication will be published, property owners will be notified and a Final Resolution will be brought to this Board to have the assessment applied to the 2003 tax bill of the respective benefited properties. Project Specifics: The property to be benefited from this proposed MSBU is described as: In the unincorporated area of Collier County, located in Section 4 North, Township 51 South, Range 26 East, which parcels are NOT platted in the Public Records of Collier County, Florida, more specificat-t.y--desem-bed--ag ,,= Gt--.r,,iL,., iTEM follows: , ~ r'~ ~ Folio Number[Lot# Folio Number Lot# Folio Number Lot# '00729880006 82 00730080002 87 00728040009 34 00727600000 23 00728560000 46 00730120001 88 00726760006 2 00727360007 16 00729640000 77 00729960007 84 00728920006 60 00728480009 44 00730000008 '85 00727800004 28 00727520009 20 00728240003 36 00730560001 99 00728160002 00727000008 8 00730040000 86 00727680004 125 00729400004 71 00730240004 91 00728520008 45 00729440006 72 00729560009 75 00727160003 11 00728280005 39 00729680002 76 00730200002 90 00727560001 22 00728800003 57 00727920007 31 The proposed potable water improvements consist of an 8-inch potable water main. with appropriate fire hydrant(s) and appurtenances that will be installed along Price Street from the rear of the Shops at Ea~le Creek (approximately four hundred (400) feet South of US 41) to Barefoot Williams Road and tl~en North approximately one thousand two-hundred (1,200) feet along Barefoot Williams Road to an existing 8-inch water main for an entire length of approximately 3,800 linear feet. Exhibit "B" specifies the detailed cost estimate of the proposed improvements. Exhibit "C" is a site map. The special assessments described herein shall be levied against all of the thirty-three ('33) lots or parcels of property within the Price Street/Barefoot Williams Road Water MSBU District. The apportionment of costs of the project will be based on a per lot basis. The total capital cost of the proposed water facilities including design, permitting fees, easements, construction, capitalized interest and contingency funding is $254,500. The loan origination cost for commercial financing is estimated to be 529.851. The total project cost prior to annual collection costs is $284,351. (See exhibit "B"). The annual cost of collecting assessment payments including property appraiser and tax collector fees, assessment roll maintenance and early payment discounts will be 9.5%. This is in addition to the interest charges of borroxving the funds. Upon completion of the project the thirty-three (33) benefiting properties will have two payment alternatives. The first alternative is to pay the full amount of the assessment within 30 days of adoption of the Final Assessment Resolution. Based on the project cost estimates this initial prepayment amount will be $7,712.12 per property. The other alternative is to pay the assessment by installment payments over ten (10) year period. This alternative will include, in addition to project costs, upfront financing costs as well as annual collection costs. Under this financing alternative the annual payment will be $1,344.19 ( Exhibit "B"). The proposed assessment project will require a long term financing mechanism. Approximately $284,351.00 will need to be borrowed for a term of 10 years. This w.'ill be accomplished by the use of a short-term (interim) commercial paper loan during the construction period Ay-completion--of- ...... construction, a lO-year fixed loan will be used for long-term financing. · ' ~ i-.:~'~"~ Project Completion: The County Attorney's office will enter into an Agreement with the Tax Collector and Property Appraiser on behalf of the Public Utilities Division to secure a Uniform Method of Collection. This agreement must be met prior to January 1, 2003. Additionally, any securing of a financial source for this project will be brought back to the Board at a later date upon completion of design of the project. It is contemplated that design will take about 4 months, and construction timeline completion is estimated at eight (8) months from commencement of design. The final resolution will be brought in front of the Board upon substantial completion of the project. FISCAL IMPACT: A Utility Special Assessment Construction Fund (409) will be created in order to separate the funds and guard against funds being co-mingled with the existing funds. Receipt and disbursement of construction funds will be accounted for in fund 409. Funds from the Utility Operation Fund (408) will be transferred in the amount of $26,495 to the Special Assessment Construction Fund (409) to cover the engineering services. Fund 408 will be reimbursed when fund 409 is fully funded. The total capital cost of the proposed water facilities including design, permitting fees, easements, construction, capitalized interest and contingency funding is $254,500. The loan origination cost for commercial financing is estimated to be $29,851 of which approximately S 17,000 is capitalized interest. The total project cost prior to annual collection costs is 5284,351. Upon completion of construction and BCC acceptance of the final resolution, there will be a 30-day window for prepa~vment of $7,712.12 per property. The other alternative is to pay the assessment bf" installment payments over ten (10) year period with an annual pa?qent of 51,344.19. The future debt service budget will reflect annual debt service lot' the project as well as annual assessment collection costs. All project costs will be recovered by 100°% assessment of benefited property owners. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: Staffrecommends that the Board of County Commissioners: · Approve the attached resolution relating to the construction of water facilities to service thirty-three lots located along Price Street from the rear of the Shops at Eagle Creek (about 400 feet south of US 41) to Barefoot Williams Road and then north about 1,200 feet along Barefoot Williams Road to an existing 8-inch water main, determine estimated capital cost, determine that certain property will be specially' benefited, establish the method of assessing the cost of construction, establish other terms and conditions of the assessments, direct staff to prepare the tentative assessment roll, direct staff to schedule, advertise and notice for a public hearing to consider imposition of the proposed assessments. · Authorize staff to pursue interim financing and long term financing to be utilized for the project; the financing terms will be brought back to the Board at a later date. · Authorize a budget amendment funding the professional engineering services. · engineering services. Approve the amendment of the contract to AEC National/Wilkinson in the amount of S26,495 for PREPARED BY: Ann Mane Savior, Oper~]ons Analyst REVIEWED BY: REVIEWED BY: , REVIEWED BY: Jirn~McGee, P.E., Project Engineer Johd Yonkosky. UtiJSl4' Billing Director~ Th0m~s C,'lSalmer. Assistant County Attorney Thomas G. Wides. Interim Public Utiht~es Administrator 4 Exhibit "A" Copies of Petitions PETITION TO THE BOAKD OF COLLN-1-Y COMMISSIONEKS OF COLLIF~ CO~-NTY, FLOKIDA: The undersigned peti~oners h~reby request thc Board of Comity Commissioners to establish the PRICE STREET/~.a~CEFOOT WILLIAM~ ROAD Potable Wax~ Assessment District. It is understood that thc purpose of this d/strict is to construct and m2/n~ a potable wata- distribution system including frr¢ hydrants. These improvernc-n~s sh~ll be paid for by the property owners via special assessment and collection by biLLing and i/ch /n s~,r~c/cnt amount to meet thc cost of said improvements. Assessments shsll be based u~on ~ch property wit~n the district sharing the costs equally for ~ equal benefit This assessment methodology must be a~?r~ved by thc Board of County Commissioners. The Pubhc Utih~es DPUsien will schedule an ~vcrtiscd pubhc hearing and th~ Board of Counw Commission~r~ ~?,~1~ determine if uhe proposed assessment d/sir/ct shall be crca~ed. Each affected prop~-n~y ownc: s,h~ll be notified of the public he--ann~ by L'.S. Ma/L K I agree ro proceed wi-3. :he proposed Potable Wat~ MSBU. __ I do not ~ee to proc::~3 with tile proposed Potable Water MSBU. Signature Please return all petitions in the return envelope on or before November 30, 2001. Thank You. TO THE BOARD OF FLORIDA: PETITION COUNTY COMMISSIONTRS OF COLLIER COU~'TY, The undersigned petitioners hereby request the Board of County Commissioners to establish the PRICE STREET/BAREFOOT WILLIAMS ROAD Potable Water Assessment District. It is understood that the purpose of this district is to construct and maintain a potable water distribution system including fire hydrants. These improvements shall be paid for by the property owners via special assessment and collection by billing and lien in sufficient amount to meet the cost of said improvements. Assessments shall be based upon each property within the district sharing the costs equally for an equal benefit. This assessment methode!ogy mt:st be approved by tb, e Board of County Commissioners. The Public Utilities Division will schedule an advertised public hearing and the Board of County Commissioners shall determine if the proposed assessment district shall be created. Each affected property oxvner shall be notified of the public hearing by U.S. Mail. I a~ee to proceed with the proposed Potable Water MSBU. N,/I do not agree to proceed with the proposed Potable Water MSBU. Signature Please return all petitions in the return envelope on or before November 30, 2001. Thank You. Hendley 7156 State Route 131 Hickory, KY 42051-8803 00728920006 PETITION TO THE BOAYd) OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: The undersigned petitioners hereby request the Board of County. Commissioners to establish the PRICE STREET/BAREFOOT WILLIAMS ROAD Potable Water Assessment District. it is understood that the purpose of this district is to construct and maintain a potable xvater distribution system including fire hydrants. These improvements shall be paid for by the property owners via special assessment and collection by, billing and lien in sufficient amount to meet the cost of said improvements. Assessments shall be based upon each property, within the district sharing the costs equally for an equal benefit. This assessment methodology must be approved by the Board of County Commissioners. The Public Utilities Division will schedule an advertised public hearing and the Board of County Commissioners shall determine if the proposed assessment district' shall be created. Each affected property, oxvner shall be notified of the public hearing by U.S. Mail. __ t a~ee to proceed with the proposed Potable Water MSBU. ~_~ I~do not agree to proceed with the proposed Potable Water MSBU. / / ! ~ //~ / , S i gna'~"re Please return all petitions in the return envelope on or before November 30, 2001. Thank You. Jacoby 851 Barefoot Williams Rd. Naples, FL 34113-8426 00727920007 PETITION TO THE BOARD OF COUNTY COMMISSIONERS OF FLORIDA: COLLIER COU-NTY, The undersigned petitioners hereby request the Board of County, Commissioners to establish the PRICE STREET/BAREFOOT WILLIAMS ROAD Potable Water Assessment District. It is understood that the purpose of this district is to construct and maintain a potable water distribution system including fire hydrants. These improvements shall be paid for by the property, owners via special assessment and collection by billing and lien in sufficient amount to meet the cost of said improvements. Assessments shall be based upon each property xvithin the district sharing the costs equally for an equal benefit. This assessment methodology must be approved bv the Board of County.. Commissioners. The Public Utilities Division will schedule an advertised public hearing and the Board of Countv Commissioners shall determine if the proposed assessment district shall be created. Each affected property owner shall be notified of the public hearing by U.S. Mail. I agree to proceed v,-ith the proposed Potable Water MSBU. __ I do not a=oTee to proceed with the proposed Potable Water MSBU. Signature Please return ali petitions in the return envelope on or before November 30, 2001. Thank You. Van Nort~vick 184 Price St. Naples, FL 34113-8435 OO729480O08 PETITION TO THE BOARD OF COL~'TY COMMISSIONERS OF COLLIER~ COU~'TY, FLORIDA: The undersigned petitioners hereby request the Board of Coun~ Commissioners to establish the PRICE STREET,~BAREFOOT WILLL~MS ROAD Potable Water Assessment District. It is understood that the purpose of this district is to construct and maintain a potable water distribution system including fire hydrants. These improvements shall be paid for by the property owners via special assessment and collection by billing and lien in sufficient amount to meet the cost of said improvements. Assessments shall be based upon each property xvithin the district sharing the costs equally for an equal benefit. This assessment methodology must be approved by the Board of Count,,,' Commissioners. The Public Utilities Division will schedule an advertised public hearing and the Board of County Commissioners shall determine if the proposed assessment district shall be created. Each affected property owner shall be notified of the public hearing by U.S. Mail. agree to proceed with the proposed Potable Water MSBU. do not agree to proceed vcith the proposed Potable Water MSBU. Signature Please return all petitions in the return envelope on or before November 30, 2001. Thank You. Morris 1840 Bell City Rd. Sedaiia, KY 42079-9324 00727800004 TO TIlE BOARD OF FLOP.DA: ' PETITION COUTTY COMMmS ONEP. S COLLIEP' The undersigned petitioners hereby request the Board of County Commissioners to establish the PRICE STREET/BAREFOOT WILLIAMS ROAD Potable Water Assessment District. It is understood that the purpose of this district is to construct and maintain a potable water distribution system including fire hydrants. These improvements shall be paid for by the property owners via special assessment and collection by billing and lien in sufficient amount to meet the cost of said improvements. Assessments shall be based upon each property, within the district sharing the costs equally for an equal benefit. This assessment iTICLFiodotoP-.V fl-~LiSt b~ ....... ~' appFo, ct: vv the Board o£ Count'., Commissionexs. The Public Utilities Division will schedule an advertised public hearing and the Board of County Commissioners shall determine if the proposed assessment district shall be created. Each ~ffected property owner shall be notified of the public hearing by U.S. Mail. agree to proceed with the proposed Potable Water MSBU. I do not a~ee to proceed xvith the proposed Potable Water MSBU. Signature Please return all petitions in the return envelope on or before November 30, 2001. Thank You. Nitsche 160 Price St. Naples, FL 34113-8435 0072856000O PETITION - ,. TO THE BOARD OF COLLNTY COMMISSION'ERS O'F COLLIER COU~'TY, FLORIDA: The undersigned petitioners hereby request the Board of County Commissioners to establish the PRICE STREET/BAREFOOT WILLIA~MS ROAD Potable Water Assessment District. It is understood that the purpose of this district is to construct and maintain a potable water distribution system including fire hydrants. These improvements shall be paid for bv the property owners via special assessment and collection bv billing and lien in sufficient amount to meet the cost of said improvements. Assessments shall be based upon each properU' within the district shanng the costs equally for an equal benefit. This assessment methodolo~v must be approved b, ~. .~c Board of County Cormnissioners. The Public Utilities Division w/il schedule an advertised public hearing and the Board of County Commissioners shall dc:emxine if the proposed assessment district shall be created. Each affected property owner sim!l be notified of the public heanng by U.S. Mail. agree to proceed with the proposed Potable Water MSBU. k~jnot am-ce to proceed.~'it, h :he proposed Potable Water X[SBU. ,~ture Please return all petitions in the return envelope on or before November 30. 2001. Thank You. Hunt PO Box 1308 Marco Island, FL 34146 00729960007 TO THE BOARD FLORIDA: PETITION -- OF COLZN-TY COMMISSIONERS OF COLLIER COU~nXTTY, The undersigned petitioners hereby request the Board of County Commissioners to establish the PRICE STREET/TIAREFOOT WILLIAMS ROAD Potable Water Assessment District. It is understood that the purpose of this district is to construct and maintain a potable water distribution system including fire hydrants. These improvements shall be paid for bv the property, owr~ers via special assessment and collection by billing and lien in sufficient amount to meet the cost of said improvements. Assessments shall be based upon each property within the district sharing the costs equally for an equal benefit. This assessment methodology must be approved by the Boarct of County Commissioners. The Public Utilities Division will schedule an advertised public hearing and the Board of County Commissioners shall determine if the proposed assessment district shall be created. Eaci-~ affected property owner shall be notified of the public hearing by U.S. Mail. ~ [~a=~ee to proceed with the proposed Potable Water ~tSBU. ~ do not aoree to r~roceed with the proposed Potable ',,\rater MSBU. Please return all petitions in the return envelope on or before November 30, 2001. Thank You. Hunt PO Box 1308 Marco Island, FL 14146 00730000008 PETITION TO THE BOARD OF COULNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: The undersigned petitioners hereby request the Board of County Commissioners to establish the PRICE STREET/23AREFOOT WILLIAMS ROAD Potable Water Assessment District. It is understood that the purpose of this district is to construct and maintain a potable water distribution system including fire hydrants. These improvements shall be paid for by the property owners via special assessment and collection by billing and lien in sufficient amount to meet the cost of said improvements. Assessments shall be based upon each property within the district sharing the costs equally for an equal benefit. This assessment methodology must be approved by the Board of County Commissioners. The Public Utilities Division will schedule an advertised public hearing and the Board of County Commissioners shall determine if the proposed assessment district shall be created. Each affected property owner shall be notified of the public hearing by U.S. Nlail. agree to proceed with the proposed Potable Water MSBU. ~ not azree proceed with the p Please return all petitions in the return envelope on or before November 30, 2001. Thank You. Services 183 Price St. Naples. FL 34113-8436 00730240004 PETITION TO THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: The undersigned petitioners hereby request the Board of County Commissioners to establish the PRICE STREET/BAREFOOT WILLIAMS ROAD Potable Water Assessment District. It is understood that the purpose of this district is to construct and maintain a potable xvater distribution system including fire hydrants. These improvements shall be paid for by the property, owr~ers via special assessment and collection by billing and lien in sufficient amount to meet the cost of said improvements. Assessments shall be based upon each !oroD~,rt,,' ~vithin th~ district sharing the costs equally for ap. equal benefit. This assessment methodology must be approved by the Board of County, Commissmners. The Public Utilities Division will schedule an advertised public hearing and the Board of County Commissioners shall determine if the proposed assessment district shall be created. Each ~ffected property oxvner shall be notified of the public hearing by U.S. Mail. ,~I agee to proceed with the proposed Potable Water MSBU. I do not agree to proceed with the.~p..roposed Potable Water MSBU. Sig~tur~ ~," Please return all petitions in the return envelope on or before November 30, 2001. Ttmnk 5: ou. Pierce 185 Price St. Naples, FL 34113-8436 00728040009 ,z. /7 PETITION TO THE BOARD OF COUNTY COMMISSIONTRS OF COLLIER COU~"NTY, FLORIDA: The undersigned petitioners hereby request the Board of County Commissioners to establish the PR/CE STREET,q3AREFOOT V~rlLLIA~MS ROAD Potable Water Assessment District. It is understood that the purpose of this district is to construct and maintain a potable water distribution system including fire hydrants. These improvements shall be paid for by the propertT owners via special assessment and collection by billing and lien in sufficient amount to meet the cost of said improvements. Assessments shall be based upon each property within the district sharing the costs equally for an equal benefit. This assessment methodology must be approved bv the Board of County Commissioners. The Public Utilities Division will schedule an advertised public hearing and the Board of County Commissioners shall determine if the proposed assessment district shall be created. Each affected property owner shall be notified of the public hearing by U.S. Mail. agree to proceed with the proposed Potable Water XiSBU. __ I do not a~ee to proceed with the proposed Potable Water MSBU. Please return all petitions in the return envelope on or before November 30, 2001. Thank You. Rodriguez 156 Pr/ce St. Naples, FL 34113-8435 O073OO8O002 PETITION TO THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COU~"NTY, FLORIDA: The uncLersigned petitioners hereby request the Board of County Commissioners to establish the PRICE STREET/BAREFOOT WILLIAMS ROAD Potable Water Assessment District. It is understood that the purpose of this district is to construct and maintain a potable water distribution system including fire hydrants. These improvements shall be paid for by the property owners via special assessment and collection by billing and lien in sufficient amount to meet the cost of said improvements. Assessments shall be based upon each property within the district sharing the costs equally for an equal benefit. This assessment methodology must be approved b,,' the Board of CountT Commissioners. The Public Utilities Division will schedule an advertised public hearing and the Board of County Conu'nissioners shall detem~ine if the proposed assessment district shall be created. Each affected property owner shall be notified of the public hearing by U.S. Mail. agree to proceed witi~ the proposed Potable Water MSBU. __ I do not agree to proceed v,-itlq the proposed Potable Water MSBU. Please return ali petitions in the return envelope on or before November 30, 2001. Thank You. Chico P.O. Box 961 Marco Island. FL 34146-096 007282800O5 PETITION TO THE BOARD OF COL.'?','TY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: The undersigned petitioners hereby request the Board of County Commissioners to establish the PRICE STREET,~BAREFOOT WILLIAMS ROAD Potable Water Assessment District. It is understood that the purpose of this district is to construct and maintain a potable water distribution system including fire hydrants. These improvements shall be paid for by the property owners via special assessment and collection by billing and lien in sufficient amount to meet the cost of said improvements. Assessments shall be based upon each property within the district sharing the costs equally for an equal benefit. This assessment methodology must be approved bv the Board of County Commissioners. The Public Utilities Division xx'iti schedule an advertised public hearing and the Board of County Commissioners shall determine if the proposed assessment district shall be created. Each affected property owner shall be notified of the public hearing by U.S. Mail. agree to proceed with the proposed Potable Water MSBU. do not agee to proceed with t;:e torooosed Potable Water NiSBU. S'~nature Please return all petitions in the return envelope on or before November 30. 2001. Thank You. Morales 14830 Fritchey Rd. Naples, FL 34114-3133 00730040000 PETITION TO THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COU'-NTY, FLOR. DA: The undersigned petitioners hereby request the Board of County Commissioners to establish the PRICE STREET/BAREFOOT WILLIAMS ROA.D Potable Water Assessment District. It is understood that the purpose of this district is to construct and maintain a potable water distribution system including fire hydrants. These improvements shall be paid for by the property owners via special assessment and collection by billing and lien in sufficient amount to meet the cost of said improvements. Assessments shall be based upon each properly within the district sharing the costs equally for an equal benefit. This assessment methodology must be approved by the Board of County Commissioners. The Public Utilities Division will schedule an advertised public hearing and the Board of Count>,' Commissioners shall determine if the proposed assessment district shall be created. Each affected property, owner shall be notified of the public hearing by U.S. Mail. l a=ree to proceed with the proposed Potable Water *[SBU. I do not agree~to proceed withs,h~oposed Potable Water MSBU. Please return all petitions in the return envelope on or before November 30, 2001. Thank You. Rookery Bay Tree Farms, Inc. 216 Price St. Naples, FL 34113-8437 00728520008 PETITION TO THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COU,LNTY. FLORIDA: The undersigned petitioners hereby request the Board of County Commissioners to establish the PRICE STREET/BAREFOOT WILLIAMS ROAD Potable Water Assessment District. It is understood that the purpose of this district is to construct and maintain a potable water distribution system including fire hydrants. These improvements shall be paid for by the property owners via special assessment and collection by billing and lien in sufficient amount to meet the cost ef said improvements. Assessments shall be based upon each property within the district sharing the costs equally for an equal benefit. This assessment methodology must be approved by the Board of County Commissioners. The Public Utilities Division will schedule an advertised public heanng and the Board of County Commissioners shall determine if the proposed assessment district shall be created. Each affected property owner shall be notified of the public hearing bv U.S. Mail. __ I agree to proceed with the proposed Potable Water MSBU. agree to proceed)~e proposed Potable~Water MSBU. signature Please return all petitions in the return envelope on or before November 30, 2001. Thank '¥-ou. Finger 186 Price St. Naples, FL 341 t3-8435 00729560009 -77 PETITION TO THE BOARD OF COL:'gTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: The undersigned petitioners hereby request the Board of County. Commissioners to establish the PRICE STREET/BAREFOOT WILLIAMS ROAD Potable Water Assessment Disu-ict. It is understood that the purpose of this district is to construct and maintain a potable water distribution system including fire hydrants. These improvements shall be paid for by the property, owners via special assessment and collection by billing and lien in sufficient amount to meet the cost of said improvements. Assessments shall be based upon each property within the district sharing the costs equally for an equal benefit. This assessment methodology must be approved by the Board of County Co.q'm~issioners. The Public Utilities Division will schedule an advertised public hearing and the Board of Count)' Commissioners shall determine if the proposed assessment district shall be created. Each affected property owner shall be notified of the public hearing by' U.S. Mail. t/'/I agree to proceed with the proposed Potable Water MSBU. I do no} a~ee to proceed w~th the pro, posed Potable x,. ater MSBU. ~ture ~ ~ Please return all petitions in the return envelope on or before November 30, 2001. Thank You. Diocese of the South Orthodox Church in America, Inc. 140 Price St. Naples, FL 34113-8435 00729440006 PETITION TO THE BOARD OF COU~'TY COMMISSIONERS OF COLLIER COUNTY, FLORDA: The undersigned petitioners hereby request the Board of County Commissioners to establish the PRICE STREET/BAREFOOT WILLIAzMS ROAD Potable Water Assessment District. It is understood that the purpose of this district is to construct and maintain a potable ~vater distribution system including fire hydrants. These improvements shall be paid for bv the property owners via special assessment and collection by billing and lien in sufficient amount to meet the cost of said improvements. Assessments shall be based upon each property within the district sharing the costs equally for an equal benefit. This assessment methodology must be approved b,z the Board ef Ceuntv Commissioners. The Public Utilities Division will schedule an advertised public hearing and the Board of Count,,,' Commissioners shall determine if the proposed assessment district shall be created. Each affected property owner shall be notified of the public hearing by U.S. Mail. __ I agree to proceed with the proposed Potable Water MSBU. __ I do not agree to proceed with the proposed Potable Water MSBU. Signature Please return all petitions in the return envelope on or before November 30. 2001. Thank You. Collins 951 Barefoot Williams Rd. Naples, FL 34113-8428 00728160002 PETITION TO THE BOARD OF COUNTY CONLMISSIONERS OF COLLIER COL,.'NTY, FLORIDA: The undersigned petitioners hereby request the Board of County. Commissioners to establish the PRICE STREET/BAREFOOT WqLLIAMS ROAD Potable Water Assessment District. It is understood that the purpose of this district is to construct and maintain a potable water distribution system including fire hydrants. These improvements shall be paid for bv the property oxvners via special assessment and collection by billing and lien in sufficient amount to meet the cost of said improvements. Assessments shall be based upon each property within the district shanng the costs equally for an equal benefit. This assessment meti~udology must be approved bv the Board of County Commissioners. The Public Utilities Division will schedule an advertised public hearing and the Board of County Commissioners shall determine if the proposed assessment district shall be created. Each affected property' owner shall be notified of the public hearing by U.S. Mail. '~I agree to proceed wit!7 t!nc proposed Potable Water MSBU. __ l do not a~ee to proceed with the proposed Potable Water MSBU. Signature Please return all petitions in the return envelope on or before November 30, 2001. Thank You. Bremerman 149 Price St. Naples, FL 34113-8436 00727560001 PETITION TO THE BOARD OF COL,~TY COMMISSIONTRS OF COLLIER COUNTY, FLORIDA: The undersigned petitioners hereby request the Board of County. Commissioners to establish the PRICE STREET;BAREFOOT \~qLLIAMS RO?d2) Potable Water Assessment District. It is understood that the purpose of this district is to construct and maintain a potable water distribution system including fire hydrants. These improvements shall be paid for by the property owners via special assessment and collection by billing and lien in sufficient amount to meet the cost of said improvements. Assessments shall be based upon each property within the district sharing the costs equally tbr an equal benefit. This assessment methodology must be approved b': t!:e Board of County Commissioners. The Public Utilities Division will schedule an advertised public hearing and the Board of County Commissioners shall dc,~,:-:?,me if the proposed assessment district shall be created. Each affected property owner shall be notified of the public hearing bv U.S. Mail. agree to proceed with the ~>:'.:.;-':scd Potable Water MSBU. __ I do not agree to proceed wit5; :i',:. proposed Potable Water _\iSBU. Signature Please return all petitions in the return envelope on or before November 30, 2001. Thank You. Alzamora 130 Price St. Naples, FL 34113-8435 00727600000 PETITION TO THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COL;~TY, FLORIDA: The undersigned petitioners hereby request the Board of County Commissioners to establish the PRICE STREET/BAREFOOT WILLIAMS ROAD Potable Water Assessment District. It is understood that the purpose of this district is to construct and maintain a potable water distribution system including fire hydrants. These improvements shall be paid for by the property owners via special assessment and collection by' billing and lien in sufficient amount to meet the cost of said improvements. Assessments shall be based upon each property within the district sharing the costs equally for an equal benefit. This assessment methodology must be approved by the Board of County Commissioners. The Public Utilities Division ~vilt schedule an advertised public hearing and the Board of County' Commissioners shall determine if the proposed assessment district shall be created. Each affected property owner shall be notified of the t>ublic hearing by U.S. Mail. x,~-' I a~ee to proceed with the proposed Potable \Vater ~!SBU. . do not a~ree to ~..~?ed with the proposed Potable ",%stet MSBU. Si=natS~ .... Please return all petitions in the return envelope on or before November 30. 2001. Thank You. Iaconelli 190 Price St. Naples, FL 34113-8435 OO72880OOO3 PETITION TO THE BOARD OF COL~'TY CO~M~MISSIONERS OF COLLIER COL~'TY. FLORIDA: The undersigned petitioners hereby request the Board of County Commissioners to establish the PRICE STREET/BAREFOOT WILLIAMS ROAD Potable Water Assessment District. It is understood that the purpose of this district is to construct and maintain a potable water distribution system including fire hydrants. These improvements shall be paid for bv the property owners via special assessment and collection by billing and lien in sufficient amount to meet the cost of said improvements. Assessments shall be based upon each property within the district sharing the costs equally for an equal benefit. This assessment methodology must be approved by the Board of County Commissioners. The Public Utilities Division will schedule an advertised public hearing and the Board of County Commissioners shall determine if the proposed assessment district shall be created. Each affected property owner shall be notified of the public hearing by U.S. Mail. agree to proceed with the proposed Potable Water MSBU. __ I do not a~ree to prT~,, ed with the proposed Potable Water MSBU. Signature Please return all petitions in the return envelope on or before November 30, 2001. Thank You. Iaconelli 188 Pr/ce St. Naples. FL 34113-8435 00729680002 PETITION TO THE BOARD OF COUNTY CONCvlISSIONERS OF COLLIER COL~-NTY, FLORIDA: The undersigned petitioners hereby request the Board of County Commissioners to establish the PRICE STKEET/BAREFOOT WILLIAMS ROAD Potable Water Assessment District. It is understood that the purpose of this district is to construct and maintain a potable water distribution svstem including fire hydrants. These improvements shall be paid for by the property owners via special assessment and collection bv billing and lien in sufficient amount to meet the cost of said improvements. Assessments shall be based upon each property within the district shanng the costs equally for an equal benefit. This assessment methodology must be approved by the Board of County Commissioners. The Public Utilities Division will schedule an advertised public hearing and the Board of County Commissioners shall determine if the proposed assessment district shall be created. Each affected property owner shall be notified of the public hearing by U.S. Mail. ,/ I agree to proceed with the proposed Potable Water MSBU. [ do not a~ee to proceefi .~'ith the pl~osed Potable Water MSBU. Signat~f Please return all petitions in the return envelope on or before November 30, 2001. Thank You. Mr. John Acunto Acunto Landscape 203 Price Street Naples, FL 34113 Tax I.D. #00727680004 PETITION TO THE BOARD OF COU~'NTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: The undersigned petitioners hereby request the Board of County. Commissioners to establish the PRICE STREET/BAREFOOT WILLIAMS ROAD Potable Water Assessment District. It is understood that the purpose of this district is to construct and maintain a potable water distribution system including fire hydrants. These improvements shall be paid for by the property o;vners via special assessment and collection by billing and lien in sufficient amount to meet the cost of said improvements. Assessments shall be based upon each property, within the district sharing the costs equally for an equal benefit. This assessment methodology must be approved by the Board of County Commissioners. The Public Utilities Division will schedule an advertised public hearing and the Board of County Commissioners shall determine if the propgsed assessment district shall be created. Each affected property owner shall be notified of the public heanng by U.S. Mail. /~I a?ee to proceed with the proposed Potable Water MSBU. ~I d,.....9._m~ree to oceed with the proposed Potable Water MSBU. Signature k.// Please return all petitions in the return envelope on or before November 30, 2001. Thank You. Mr. & Mrs. Llerena 115 Price Street Naples, FL 34113 Tax I.D.00726760006 PEtiTION TO THE BOAR.D OF COUNTY ' MNilq~I(-)NERS OF COLLIER ~' -"4Tv FLORIDA: The tmdersigned' -.- n~ _ - .... h :~, peUao..~r, 'hereby toques: the Board of Com,_ry C'ommissioner~ ~o e~,,~ h~, rl~e PRICE STREET,BA1;LEFOOT ~,ViLLL-~MS RO:': ,,_D Porabie W~.rer A~sessment District. It is understood that the pu:?ose of d:is district is to construct and m;fintain a potable ~s'a~e:' m~rro e,,.e,..ts_ A:~sessments shat~ be based upon ea~:n prope:x> within the methodology must ,_ " ' Each allected. -~-, '-7' ' '" ;'~ -~-'- ~,,h :,- ~eLnn2 ?,- U < '" '~ i aeree to proceed ~.,, ,~*, ~: 2ro,._,osed Po~a;;le Water MSBL'. 1' do not ~-¢~ :o pr.?zz~2 ?, i-_h t}-,~ t>roDos~d Potable Water ~.~SB~: S ~...arure Please return all petition3 in the return envelope on or before .November 30, 2001. Thank You. $ elTla 5037 N. Sayre Av~. Chicago, IL 60656-37~q 00727520009 Exhibit "B" PRICE STREET MSBU DISTRICT Project and Financing Costs Project Costs: !Capital Costs: 37,500.00 3,000.00~ Engineering design, bid, and project management Permits for County ROW and FDEP Construction $ ! 176,500.00~ Contingency (20% of construction) $ ~ 35,300.00 Construction capita!ized interest ($214,800 @ 4% for 6 months) $ ! 4,300.00 Construction Interest earnings (S214,800 @ 4% for 3 months) $ ~ (2,100.00) Total Capital Costs S 254,500.00' Transaction Costs: Issuance costs ~ 5c: S 12,725.00 Capitalized Interest (7:: ,~¢* 11 months) S 17,126.00 Total Project Costs S 284,351.00 Years 10 Years :Annual Debt Service/7% Loan S 40,364.02 Property Appraiser @ 1.5% S 605.46 Tax Collector @ 3% S 1,210.92 Tax Discount @ 4% S 1,774.34 Roll Administration @ 1% S 403.64 Total Annual Payment (TAP) iS 44,358.38 i lndividual Annual Payment: TAP / 33 property owners Individal payments for 10 years ,344.19 $ 13,441.90 Individual costs if paid within 30 days of BCC ~ approval ( 33 combined properties> Exhibit "C" Site Map Pecss~Tr~ CheroKee C. u 8r~ Rd. _esnaD Rd. GOLF Tower Rd. ROOKERY BAY !~'T'L ESTUARINE. RESEARCH RESERVE Ct. / ~T:3D E-. ~rs '- Creeh ISLE I $ 9 Io ii 12 Is 17 18 19 20 21 RESOLUTION NO. 2002- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, RELATING TO THE CONSTRUCTION OF A WATER LINE AND RELATED WATER FACILITIES TO SERVICE THIRTY- THREE LOTS ALONG PRICE STREET - BAREFOOT WILLIAMS ROAD; DETERMINING THE ESTIMATED CAPITAL AND PROJECT COST OF THE WATER FACILITIES; DETERMINING THAT CERTAIN REAL PROPERTY WILL BE SPECIALLY BENEFITED BY THE CONSTRUCTION OF WATER FACILITIES; ESTABLISHING THE METHOD OF ASSESSING THE COST oF CONSTRUCTING THE WATER FACILITIES AGAINST THE REAL PROPERTY THAT WILL BE SPECIALLY BENEFITED THEREBY; ESTABLISHING OTHER TERMS AND CONDITIONS OF THE ASSESSMENTS; DIRECTING THE COUNTY MANAGER TO PREPARE A TENTATIVE ASSESSMENT ROLL BASED UPON THE METHODOLOGY SET FORTH HEREIN; ESTABLISHING A PUBLIC HEARING TO CONSIDER IMPOSITION OF THE PROPOSED ASSESSMENTS AND THE METHOD OF THEIR COLLECTION; DIRECTING THE PROVISION OF NOTICE IN CONNECTION THEREWITH; AND PROVIDING AN EFFECTIVE DATE. 23BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, 24FLORIDA, AS FOLLOWS: ARTICLE I DEFINITIONS AND INTERPRETATION 29SECTION 1.01. DEFINITIONS. As used in this Resolution, the following terms shall have the _~ofollowing meanings, unless the context hereof otherwise requires. _~1 ~_~"Adjusted Prepayment Amount" means the amount required to prepay the Capital Assessment for ~:~each Tax Parcel located in the Benefit Area (1) following issuance of the Original Obligations. as ~'computed pursuant Section 3.04(B) hereof and revised annually pursuant to Section 3.05(H) hereof, _~.~and (2/following issuance of any Refunding Obligations, as computed pursuant Section 3.04(C0 ~ohereof and revised annually pursuant to Section 3.05(H) hereof. ~;"Annual Debt Service Component" means the amount computed for each Tax Parcel pursuant to ~$Section 3.05(E) hereof. ~9"Assessment" means a non-ad valorem assessment roll for the Capital Assessments within the 40Benefit Unit. .~l"Benefit Area" means that portion of the Price Street-Barefoot Williams Road Municipal Service ,~_~Taxing and Benefit Unit located within the proposed Price Street-Barefoot Williams Road Benefit ,~Area, as described in Section 3.01 hereof. 44"Board" means the Board of County Commissioners of Collier County, Florida. 45"Capital Assessment" means an annual special assessment imposed against property located 46within the Benefit Area and related expenses, computed in the manner described in Section 3.05 47hereof. 4$"Capital Cost" means all or any portion of the expenses that are properly attributable to the 49acquisition, design, permitting, construction, installation, reconstruction, renewal or replacement SO(including demolition, environmental mitigation and relocation) of the Water Facilities and imposition .~ lof the Capital Assessments under generally accepted accounting principles; and including 52reimbursement to the County for any funds advanced for Capital Cost and interest on any inter-fund S3or intra-fund loan or other external loan mechanisms for such purposes. 5~"Collection Costs" means the estimated cost to be incurred by the County during any Fiscal Year 55in connection with the collection of Assessments. To include but not limited to Property Appraiser . S6and Tax Collector fees, annual costs of updating and administering the assessment roll, and 57maximum discounts allowed for early payment under the Uniform Assessment Collection Act. 5s"County" means Collier County, a political subdivision of the State of Florida. 59"County Manager" Means the chief executive officer of the County, designated by the Board to be 60responsible for coordinating special assessments, or such person's designee. 61"Debt Service Amount" means the amount computed pursuant to Section 3.05(A) hereof. 62"Final Assessment Resolution" means the resolution described in Section 3.05 of the Ordinance 6~that imposes Assessments within the Benefit Area. 64"Fiscal Year" means the period commencing on October 1 of each year and continuing through the 6snext succeeding September 30, or such other period as may be prescribed by law as the fiscal year 66for the County. ~"Funding Agreement" means the agreement pursuant to which the County agrees to deliver the 2Obligations against payment therefore by the purchaser or underwriter of such Obligations. 3"Initial Prepayment Amount" means the amount computed pursuant Section 3.04(A) hereof for 4each Tax Parcel located in Benefit Area to prepay the Capital Assessment prior to issuance of the 5Original Obligations. 6"Local Improvement" means a capital improvement constructed or installed by the County for the -special benefit of a neighborhood or other local area, for which special assessments may be ~imposed pursuant to the Ordinance. 9"Maintenance Cost" means all expenses that are properly attributable to maintenance of the water [()and wastewater facilities under generally accepted accounting principles. t ["Modified Debt Service Amount" means the amount computed pursuant to Section 3.05(C) 12hereof. 13"Obligations" means Original Obligations or Refunding Obligations. 14"Ordinance" means Ordinance No. 98-45. ls"Original Obligations" means a series of bonds or other evidence of indebtedness including but 16not limited to, notes, commercial paper, capital leases or any other obligations of the County issued [?or incurred to finance any portion of the Project Cost of the Water Facilities and secured, in whole 18or in part, by proceeds of the Capital Assessments. 19"Prepayment Modification Factor" means the factor computed pursuant to Section 3.05(B) 2ohereof. 21"Project Cost" means (A) the Capital Cost of the water facilities, (B) the impact fees or system 22development charges as required by the water provider, (C) the Transaction Cost associated with 23the Obligations attributable to the Water Facilities, (D) interest accruing on such Obligations for 24such period of time as the County deems appropriate, (E) the debt service reserve fund or account, 25if any, established for the Obligations attributable to the Water Facilities, and (F) any other costs or 26expenses related thereto. 27"Property Appraiser" means the Collier County Property Appraiser. 2~"Refunding Obligations" means a series of bonds or other evidence of indebtedness including but 29not limited to, notes, commercial paper, capital leases or any other obligations of the County issued 3ocr incurred to refund all or any portion of the Original Obligations or any indebtedness issued to 3:refinance the Original Obligations. 3?Related Service" means the operation and maintenance of a Local Improvement. 55"State" means the State of Florida. 54"Statutory Discount Amount" means the amount computed for each Tax Parcel pursuant 35t0 Section 3.05(F) hereof. 56"Tax Parcel" means a parcel of property to which the Property Appraiser has assigned a 57distinct ad valorem property tax identification number. _~s"Tax Roll" means the real property ad valorem tax assessment roll maintained by the 39Property Appraiser for the purpose of the levy and collection of ad valorem taxes. 40"Transaction Cost" means the costs, fees and expenses incurred by the County in 4tconnection with the issuance and sale of any series of Obligations, including but not limited 42to (A) rating agency and other financing fees; (B) the fees and disbursements of bond 43counsel; (C) the underwriters' discount; (D) the fees and disbursements of the County's 44financial advisor; (E) the costs of preparing and printing the Obligations, the preliminary 45official statement, the final official statement, and all other documentation supporting 46issuance of the Obligations; (F) the fees payable in respect of any municipal bond insurance 4?policy; (G) administrative, development, credit review, and all other fees associated with any 48pooled commercial paper or similar interim financing program; and (G) any other costs of a 49similar nature incurred in connection with issuance of such Obligations. ¢0"Uniform Assessment Collection Act" means Sections 197.3632 and 197.3635, Florida 51Statutes, or any successor statutes authorizing the collection of non-ad valorem 52assessments on the same bill as ad valorem taxes, and any applicable regulations 53promulgated thereunder. 54 55SECTION 1.02. INTERPRETATION. Unless the context indicates otherwise, words 56importing the singular number include the plural number, and vice versa; the terms "hereof," $7"hereby," "herein," "hereto," "hereunder" and similar terms refer to this Resolution; and the 58term "hereafter" means after, and the term "heretofore" means before, the effective date of 59this Resolution. Words of any gender include the correlative words of the other gender, 60unless the sense indicates otherwise. bi 62SECTION 1.03. GENERAL FINDINGS. The Board legislatively finds and determines that: 63(A) Article VIII, Section 1 of the Florida Constitution, and Sections 125.01 and 125.66, 64Florida Statutes, grant to a Board of County Commissioners all powers of local self- 65government to perform county functions and to render services for county purposes in a bdmanner not inconsistent with general law, or with special law approved by vote of the and such power may be exercised by the enactment of county ordinances. ~ 67electors, ~$(B) The Board has enacted the Ordinance to provide for the creation of municipal service I 2 lbenefit units and authorize the imposition of Assessments to fund the acquisition and :construction of Local Improvements and the provision of Related Services to benefit the .~property located therein. 4(C) Construction of the Water Facilities constitutes a Local Improvement as contemplated by ~the Ordinance. 6(D) The Benefit Area consists of (33) lots along Price Street from the rear of the Shops at ?Eagle Creek to Barefoot Williams Road and than north along Barefoot Williams Road to an Sexisting 8-inch water main. 9(E) The property owners in the foregoing area requested the County to construct Water 10Facilities to allow for construction on the referenced property. The Benefit Area is located in lithe unincorporated area of Collier County, in Section 4 North, Township 51 South, Range 26 ISEast, and is not platted in the Public Records of Collier County, Florida. J 3 (F) The construction of such Water Facilities will serve a predominately public purpose and t4~mprove the quality and appearance of all property located within the Benefit Area by 15allowing the owners to proceed with construction, thereby providing a special benefit to such 16property. ~7(G) The Assessments to be imposed in accordance with this Resolution provide an equitable ~$method of funding the acquisition, construction of the water facilities by fairly and reasonably ]gallocating the cost to specially benefited property. 2O 2! '~2 ARTICLE II 23 NOTICE AND PUBLIC HEARING :SSECTION 2.01. ESTIMATED CAPITAL AND PROJECT COST. 26(A1 The estimated Capital Cost for the Water Facilities is $254,500. "7('B) The estimated total Project Cost is $284,351. :~:(C) The Project Cost of the Water Facilities will be funded through the imposition of 29Assessments against property located in the Benefit Area in the manner set forth in Article _~0111 hereof. The annual maintenance cost for water facilities will be borne by Florida ~ tGovernment Utility Authority upon conveyance of the facilities. 33SECTION 2.02.. ASSESSMENT ROLL. The County Manager is hereby directed to _~4prepare final estimates of the Capital Cost for the Water Facilities and to prepare the ~Spreliminary Assessment Roll in the manner provided in the Ordinance. The County 36Manager shall apportion the Project Cost among the parcels of real property within the 3?Benefit Area as reflected on the Tax Roll in conformity with Article III hereof. The estimates 3sol Capital Cost and the Assessment Roll shall be maintained on file in [he offices of the ~gCounty Manager and open to public inspection. The foregoing shall not be construed to 4orequire that the Assessment Roll be in printed form if the amount of the Assessment for 4~each Tax Parcel can be determined by use of a computer terminal available to the public. 42 4_~SECTION 2.03. PUBLIC HEARING. The County Manager is hereby authorized to 44establish the date and time of a public hearing to be held in the Collier County Commission 45Chambers to consider (A) creation of the Benefit Area, (B) imposition of the Assessments, 46and (C) collection of the Assessments pursuant to the Uniform Assessment Collection Act. 47 4$SECTION 2.04. NOTICE BY PUBLICATION. Upon completion of the materials required 49by Section 2.02 hereof, the County Manager shall publish a notice of the public hearing 50authorized by Section 2.03 hereof in the manner and the time provided in Section 3.04 of 5tthe Ordinance. Such notice shall be in substantially the form attached hereto as Appendix 52A. 53 54SECTION 2.05. NOTICE BY MAIL. Upon completion of the materials required by Section 552.02 hereof, the County Manager shall, at the time and in the manner specified in Section 563.03 of the Ordinance, provide first class mailed notice of the public hearing authorized by 57Section 2.03 hereof to each property owner proposed to be assessed at the address 58indicated on the Tax Roll. Such notice shall be in substantially the form attached hereto as 59Appendix B. 6O 61 ARTICLE III ASSESSMENTS 6.~SECTION 3.01. DESCRIPTION OF PROPOSED PROJECT AND BENEFIT AREA. The 66Board proposes to create the Price Street-Barefoot Williams Road Benefit Area within the (;7Price Street-Barefoot Williams Municipal Service Taxing and Benefit Unit to encompass the 68property located in the unincorporated area of Collier County, in Section 4 North, Township ]51 South, Range 26 East, and is not platted in the Public Records of Collier County, Florida. 2The Benefit Area is proposed for the purpose of improving the use and enjoyment of 3property by funding the construction of Water Facilities to allow for construction on the 4property located therein. The description of the proposed potable water improvements is the `sconstruction of an 8-inch potable water main, with appropriate fire hydrant(s) and 6appurtenances that will be installed along Price Street from the rear of the Shops at Eagle ?Creek (about 400 feet south of US 41) to Barefoot Williams Road and then north about $1,200 feet along Barefoot Williams Road to an existing 8-inch water main for an entire length 9of approximately 3,800 linear feet. lo Folio Number Lot # Folio Number Lot # Folio Number Lot # 00729880006 82 00730080002 87 00728040009 34 00727600000 23 00728560000 46 00730120001 :88 00726760006I 2 00727360007 16 00729640000 77 100729960007 ] 84 , 00728920006 60 00728480009 44 00730000008 t 85 00727800004 28 00727520009 20 00728240003 36 00730560001 99 00728160002 37 00727000008 ,8 00730040000 86 00727680004 25 100729400004 71 00730240004 191 O072852000S 145 00729440006 72 ,00729560009 75 , 00727160003 11 00728280005 39 i 00729680002 76 00730200002 90 00727560001 ,~ 22 I 00728800003 57 0072792004)7 3i 11 12 [3SECTION 3.02. IMPOSITION OF CAPITAL ASSESSMENTS. Capital Assessments shall t4be imposed against property located within the Benefit Area for a period of 10 years. The 15first annual Capital Assessment will be included on the ad valorem tax bill to be mailed in t6November 2003. When imposed, the Capital Assessment for each Fiscm Year shail 17constitute a lien upon the Tax Parcels located in the Benefit Area. pursuant to the 18Ordinance. 2OSECTION 3.03. APPORTIONMENT 21The Board legislatively finds and determines that since use of the Water and Wastewater 22Facilities will be substantially proportional to the total geographic area of each Tax Parcel, it 23is fair and reasonable to apportion the costs of the project on a per lot basis. 24 25SECTION 3.04. PREPAYMENT AMOUNTS. 26(A) The Initial Prepayment Amount for each Tax Parcel located within the Benefit Area shall 2vbe computed by determining the total Project Cost, and divided by the total number of 2sbenefited Tax Parcels as described in Section 3.01 29(B) Following issuance of the Original Obligations, an Adjusted Prepayment Amount for 3oeach Tax Parcel, other than those Tax Parcels as to which the Capital Assessment has 31been prepaid prior to issuance of the Original Obligations, shall be computed by multiplying 32(1 ) the amount computed by dividing (a) the Initial Prepayment Amount established herein 33for such Tax Parcel by (b) the aggregate Initial Prepayment Amounts for alt Tax Parcels 34within the Benefit Area. excluding those Tax Parcels as to which the Capital Assessment 35has been prepaid prior to issuance of the Original Obligations, by (2) the principal amount of 3othe Original Obligations. The Adjusted Prepayment Amount for each Tax Parcel shall be 37revised annually, as provided in Section 3.05(H) hereof. 38(C) Following issuance of any Refunding Obligations, a new Adjusted Prepayment Amount 39for each Tax Parcel, other than those Tax Parcels as to which the Capital Assessment has 40been prepaid prior to ~ssuance of such Refunding Obligations, shall be computed by 41multiplying (1) the amount computed by dividing (a) the Adjusted Prepayment Amount for 42such Tax Parcel by (b) the aggregate Adjusted Prepayment Amounts for all Tax Parcels 43within the Benefit Area, excluding those Tax Parcels as to which the Capital Assessment 44has been prepaid prior to issuance of such Refunding Obligations, by (2) the principal 45amount of such Refunding Obligations. The Adjusted Prepayment Amount for each Tax 46Parcet shall be revised annually, as provided in Section 3.05(H) hereof. 47 48SECTION 3.05. COMPUTATION OF ANNUAL CAPITAL ASSESSMENTS. The annual 49Capital Assessment shall be computed for each Tax Parcel in the manner set forth in this 50Section 3.05. .5 i(A) DEBT SERVICE AMOUNT. A "Debt Service Amount" shall be computed for each Fiscal `52Year as the amount that would be payable in respect of the Obligations in accordance with a 53debt service schedule wherein the principal and interest installments equal those 54established in the Funding Agreement. 55(B) PREPAYMENT MODIFICATION FACTOR. A "Prepayment Modification Factor" shall be lcomputed for each Fiscal Year by dividing (1) the amount computed by subtracting (a) the 2sum of the Adjusted Prepayment Amounts, as of the date on which the Obligations are _~issued by the County, for alt Tax Parcels as to which prepayment has been made following 4issuance of the Obligations, from (b) the total principal amount of Obligations initially issued 5by the County, by (2) the total principal amount of Obligations initially issued by the County. 6(C) MODIFIED DEBT SERVICE AMOUNT. A "Modified Debt Service Amount" shall be 7computed for each Fiscal Year by multiplying (1) the Debt Service Amount by (2) the SPrepayment Modification Factor. 9(D) ANNUAL DEBT SERVICE FACTOR. An "Annual Debt Service Factor" shall be tocomputed for each Fiscal Year by dividing (1) the Modified Debt Service Amount by (2) the t laggregate Adjusted Prepayment Amount. t2(E) ANNUAL DEBT SERVICE COMPONENT. The "Annual Debt Service Component"' shall 13be computed for each Fiscal Year for each Tax Parcel by multiplying (1) the Adjusted i4Prepayment Amount for such Tax Parcel by (2) the Annual Debt Service Factor. ts(F) STATUTORY DISCOUNT AMOUNT. The "Statutory Discount Amount" shall be 16computed for each Tax Parcel as the maximum discount allowed for early payment under 17the Uniform Assessment Collection Act, such amount to be calculated by deducting (1) the 1.~Annual Debt Service Component from (2) the amount computed by dividing (a) the Annual 19Debt Service Component by (b) 0.96. 20(G) CAPITAL ASSESSMENT. The annual Capital Assessment for each Tax Parcel shall be 21computed as the sum of (1) the Annual Debt Service Component and (2) the Statutory 22Discount Amount. 23(H) REVISION OF ADJUSTED PREPAYMENT AMOUNT. Upon issuance of the ad valorem 24tax bill for each Fiscal Year, the Adjusted Prepayment Amount for each Tax Parcel shall be 2tire-computed by deducting (1) the amount computed by (a) dividing (i) the principal 26component of the Debt Service Amount utilized to compute the Debt Service Component for :?the Assessment Roll by (ii) the tota! Debt Service Amount utilized to compute the Debt 28Service Component for the Assessment Roll and (b) multiplying the result by the Annual :gDebt Service Component included on the Assessment Roll for the Tax Parcel, from (2) the 30Adjusted Prepayment Amount ut,,;zed to compute the annual Capital Assessment included .~lon the Assessment Roll for such Tax Parcel. ~_~$EOTION 3.06. INITIAL PREPAYMENT OPTION. 34(A) On or prior to the thirtieth caiencar nay following the date on which the County adopts 35the Final Assessment Resolutior). the owner of each Tax Parcel subject to the Assessment 36shall be entitled to prepay all fuh~e annual Capital Assessments upon payment of the Initial 37Prepayment Amount. The Eloar3 ~r' :ts soie discretion, may elect to accept prepayments 38pursuant to this Section 3.06 on an..' cate prior to execution of the Funding Agreement. _~9(B) The amount of all prepaymer:ts made pursuant to this Section 3.06 shall be final. The 40County shall not be required to refund any portion of a prepayment if the actual Capital Cost 4tof the water facilities is less than the estimated Capital Cost upon which such the Initial 42Prepayment Amount was compute::. 44SECTION 3.07. ADDITIONAL PREPAYMENT OPTION. 45(A) Before the thirtieth calendar clay following the date on which the County adopts the Final 45Assessment Resolution, or suc~ later date as the Board may allow in its sole discretion, the 47owner of each Tax Parcel subiect to the Capital Assessments shall be entitled to prepay all 48future unpaid annual Capital Assessments upon payment of an amount equal to the sum of 49(1 ) the Adjusted Prepayment Amount for such Tax Parcel, and (2) interest on the Adjusted 50Prepayment Amount, computed a: a rate one full percentage point in excess of the rate on 5]the Obligations, from the most recem date to which interest on the Obligations has been 52paid to the next date following such prepayment on which the County can redeem 53Obligations after providing all notices required to redeem all or any portion of the $4Obligations. 55(B) During any period commencing on the date the annual Assessment Roll is certified for 56collection pursuant to the Uniform Assessment Collection Act and ending on the next date 5?on which unpaid ad valorem taxes become delinquent, the County may reduce the amount 5$required to prepay the future unpaid annual Capital Assessments for the Tax Parcel by the 59amount of the Capital Assessment that has been certified for collection with respect to such 60Tax Parcel. 6t(C) The amount of all prepayments made pursuant to this Section 3.07 shall be final. The 62County shall not be required to refund any portion of a prepayment if (1) the Capital Cost of 6]the Water Facilities is less than tne amount upon which such Adjusted Prepayment Amount 64was computed, or (2) annual Cap,iai Assessments will not be imposed for the full number of 6syears anticipated at the time of such prepayment. 66 67SECTION 3.08. MANDATORY PREPAYMENT. ~8(A) If at any time a tax certificate has been issued and remains outstanding in respect of any ]Tax Parcel subject to the Capital Assessment, the owner s~atl prepay all future unpaid 2annual Capital Assessments for such Tax Parcel if the County, at its sole option, elects to ~accelerate the Capital Assessment. The amount required to prepay the future unpaid 4annual Capital Assessments will be equal to the sum of (1) the Adjusted Prepayment 5Amount for such Tax Parcel, and (2) interest on the Adjusted Prepayment Amount, 6computed at a rate one full percentage point in excess of tt~e rate on the Obligations, from 7the most recent date to which interest on the Obligations r~as been paid to the next date 8following such prepayment on which.the County can redeem Obligations after providing all 9notices required to redeem all or any portion of the Obligations. lo(B) During any period commencing on the date the annual Assessment Roll is certified for t tcollection pursuant to the Uniform Assessment Collection Act and ending on the next date 120n which unpaid ad valorem taxes become delinquent, the County may reduce the amount lcrequired to prepay the future unpaid annual Capital Assessments for the Tax Parcel by the t4amount of the Capital Assessment that has been certified for coilection with respect to such tSTax Parcel. 16(C) The amount of all prepayments made pursuant to this Section 3.08 shall be final. The t?County shall not be required to refund any portion of a prepayment if (1) the Capital Cost of 18the Water Facilities is less than the amount upon which such Adiusted Prepayment Amount ]gwas computed, or (2) annual Capital Assessments wilt not be imposed for the full number of 30years anticipated at the time of such prepayment. 2! 22SECTION 3.09. REALLOCATION UPON FUTURE SUBDIVISION. 2_~ (A) Upon subdivision of any Tax Parcel located within the Benefit Area that is subject to the 24Capital Assessment, and compliance with the conditions set forth below, the Initial 2.sPrepayment Amount for such Tax Parcel (or, if the Obligations have been issued, the 2dAdjusted Prepayment Amount for such Tax Parcel) shall be reallocated among the 27subdivided parcels. :;lB) In order to have the Initial Prepayment Amount for such 'Fax Parcel (or, if the Obligations :ghave been issued, the Adjusted Prepayment Amount for such Tax Parcel) reallocated in _~oconnection with any such subdivision, the owner shall be required to apply to the County _~ land comply with each of the following conditions: 32('~) a recorded plat, approved site plan or comparable doc~u~;ent must be provided to the 33County sufficient in detail to describe adequately the location of the Tax Parcel and the 34individual parcels in the proposed subdivision; 35(2) the Property Appraiser must have assigned distinct ad valorem property tax identification ~6numbers to each individual subdivided parcel or committed ~n ',,,'r,ting to assign such 37numbers prior to the next ensuing August 1 or any later date approved by the County that 3swill not prevent timely certification of the Assessment Roli in accordance with the Uniform 39Assessment Collection Act; 40(3) at the expense of the property owner, an appraisal must be provided by a County- 4]approved "certified general appraiser," as defined in Section 475.611 (g), Florida Statutes, 42which indicates the fair market value of the Tax Parcel prior to the subdivision and the fair 43market value of each individual subdivided parcel: in determining the fair market value of the 44individual subdivided parcels, the appraiser may take into consideration any infrastructure 45improvements that are then under construction if funds sufficient for their completion are 46secured to the satisfaction of the County Attorney; 47(4) a proposed reallocation of the Initial Prepayment Amount (or, if the Obligations have 48been issued, the Adjusted Prepayment Amount) to each indi¢idual parcel must be provided 40to the County; provided however, that no portion of the Initial Prepayment Amount (or, if the 50Obligations have been issued, the Adjusted Prepayment Amount) may be reallocated to 51property proposed for dedication to the public or to common use of the subdivided parcels; 52(5) the fair market value of each separate parcel after the subdivision must be at least five 53times the Initial Prepayment Amount (or, if the Obligations have been issued, the Adjusted 54Prepayment Amount) reatlocated thereto; and 55(8) the property owner shall pay an assessment reallocation fee to the County for each 56individual parcel resulting from the subdivision, in an amount to be established by resolution 57of the Board of County Commissioners. 58(C) If the owner of any Tax Parcel subject to the Capital Assessment subdivides such Tax 59Parcel and fails to comply with the foregoing conditions, the County shall reallocate the 601nitial Prepayment Amount (or, if the Obligations have been issued, the Adjusted 61 Prepayment Amount) among the subdivided parcels, based upon the land value, without 62improvements, assessed to each subdivided parcel by the Property Appraiser. At its sole 63option, the County may obtain an appraisal of the subdivided parcels at any time and 64reallocate the Initial Prepayment Amount (or, if the Obligations have been issued, the ~sAdjusted Prepayment Amount) based upon the land value, without improvements, reflected ~6in the appraisal. If an appraisal is obtained, the cost of the appraisal will be allocated among 67the subdivided parcels on the basis of the value reflected therein and added to the Capital 68Assessment for each subdivided parcel in the Fiscal Year following receipt of the appraisal. JThe Board legislatively finds and determines that the foregoing method of reallocating the :Initial Prepayment Amount (or, if the Obligations have been issued, the Adjusted _'-Prepayment Amount) among subdivided parcels is fair and reasonable, taking into -:consideration the opportunity for reallocation available to the owner and the requirement to _~provide adequate security for the Obligations. $ ARTICLE IV ~ GENERAL PROVISIONS ~0 !]SECTION 4.01. METHOD OF COLLECTION. The Assessments shall be collected !2pursuant to the Uniform Assessment Collection Act. ]3 J-~SECTION 4.02. SEVERABILITY. If any clause, section or provision of this Resolution ]Sshalt be declared unconstitutional or invalid for any reason or cause, the remaining portion J~of said Resolution shall be in full force and effect and be valid as if such invalid portion lTthereof had not been incorporated herein. 19SECTION 4.03. EFFECTIVE DATE. 20its adoption. 22DULY ADOPTED this 23 _~TATTEST: 3SDWIGHT E. BROCK, CLERK 40 -~lBy: 45Approved as to legal form 46and sufficiency .~0Thomas C. Palmer Assistant County Attorney day of This Resolution shall take effect immediately upon 2002. BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: JAMES N. COLE1-FA, CHAIF~MAN 9 ii I_.2 13 14 15 16 t7 18 APPENDIX A FORM OF NOTICE TO BE PUBLISHED To Be Published [INSERT MAP OF BENEFIT AREA] NOTICE OF HEARING TO IMPOSE AND PROVIDE FOR COLLECTION OF SPECIAL ASSESSMENTS IN THE PRICE STREET- BAREFOOT WILLIAMS ROAD BENEFIT AREA Notice is hereby given that the Board of Commissioners of Collier County will conduct a 19public hearing to consider creation of the Price Street-Barefoot Williams Road Municipal Service 20Benefit Unit, as shown above, and imposition of special assessments for the construction of 2 ]water facilities. The hearing will be held at 9:00 a.m. on March 12, 2002, in the Board of County 2:Commissioners Meeting Room, Administration Building, Third Floor, County Government 23Complex, 3301 East Tamiami Trail, Naples, Florida, for the purpose of receiving public 24comment on the proposed Benefit Area and assessments. All affected property owners have a 25right to appear at the hearing and to file written objections with the County Commission within 2520 days of this notice. If a person decides to appeal any decision made by the Board of County 2?Commissioners with respect to any matter considered at the hearing, such person will need a 2$record of the proceedings and may need to ensure that a verbatim record is made, including the 29testimony and evidence upon which the appeal is to be made. In accordance with the 30Americans with Disabilities Act, persons needing a special accommodation or an interpreter to 3tparticipate in this proceeding should contact the County Manager at (941) 774-8383 at least 32seven days prior to the date of the hearing. ~3 The assessment for each parcel of property will be based upon a per lot basis. The 34geographic area of each parcel of property is set forth in the Initial Assessment Resolution to be 35adopted by the County Commission on March 12, 2002. Copies of the Initial Assessment 36Resolution and the preliminary Assessment Roll are available for inspection at the office of the 37County Manager, located at Administration Building, Second Floor, County Government 3sComplex, 3301 East Tamiami Trail, Naples, Florida. 39 The assessments will be collected on the ad valorem tax bill, as authorized by Section 40197.3632, Florida Statutes. Failure to pay the assessments will cause a tax certificate to be 41issued against the property that may result in a loss of title. The County Commission intends to 42collect the assessments in ten (10) annual installments, the first of which will be included on the 43ad valorem tax bill to be mailed in November 2003. 44 45 If you have any questions, please contact the Public Utilities Administrator at (941) 732- 462540. 47 48 BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA 49 5o 52 I 4 5 ? 8 9 I0 11 12 13 14 15 16 17 18 I9 20 APPENDIX B FORM OF NOTICE TO BE MAILED COLLIER COUNTY PUBLIC UTILITIES DIVISION, BUILDING H, THIRD FLOOR, 3301 EAST TAM!AMI TRAIL, NAPLES, FLORIDA, (941) 732-2575 February 22, 2002 [Property Owner Name] [Street Address] [City, State and zip] Re: Parcel Number [Insert Number] Price Street-Barefoot Williams Road Benefit Area Dear Property Owner: 21 As you should be aware, the Board of County Commissioners ,s considering creation of the 22Price Street-Barefoot Williams Road Municipal Service Benefit Unit for the construction of water 23facilities. The cost of the water facilities will be funded by assessments against property within 24the Benefit Area. The assessment for each parcel of property is based on a per lot basis. The :¢geographic area of each parcel of property is set forth in the Initial Assessment Resolution to be 26adopted by the County Commission on March 12, 2002. Copies of the initial Assessment 2?Resolution and the preliminary Assessment Roll are available for your review at the offices of 28the County Manager, located at Administration Building, Second Floor, County Government 29Complex. 3301 East Tamiami Trail, Naples, Florida. ~ I The County intends to issue debt to finance this assessment project. This will permit the 32capital cost attributable to your property to be amortized over a period of ten (10) years. 33However, on or prior to the thirtieth calendar day following the date on which the County 34adopts the final assessment resolution, you may choose to prepay your assessment in futl 35(S7,712.12 this is the tentative cost to cover your share of the capital cost) and avoid the 3dadditional financing cost. ¢$ If you do not choose to prepay on or prior to the thirtieth calendar day following the date 3eon which the County adopts the final assessment resolution, the amount necessary to pay 40your assessment in full will be increased by your share of the financing cost. 41 4: The annual assessment will include your share of the principal, interest, collection cost, 43and the maximum discount allowed for early payment under the Uniform Assessment 44Collection Act. The maximum annual assessment is estimated to be $1,344.19 per lot. 45However, the actual annual assessment cannot be determined until the debt is secured and 46then the assessment may be lower. The County intends to include annual assessments on 4?your ad valorem tax bill. Failure to pay your assessments will cause a tax certificate to be 4sissued against the property that may result in a loss of title. 49 5o The Board of County Commissioners will hold a public hearing at 9:00 a.m. on March 12, 512002, in the Board of County Commissioners Meeting Room, Administration Building, Third 52Floor, County Government Complex, 3301 East Tamiami Trail, Naples, Florida, for the 53purpose of receiving comments on the proposed Benefit Area and the assessments, 54including collection on the ad valorem tax bill. You are invited to attend and participate in 55the hearing. You may also file written objections with the County Commission prior to or 56during the hearing. If you decide to appeal any decision made by the Board of County 5?Commissioners with respect to any matter considered at the hearing, you will need a record 58of the proceedings and may need to ensure that a verbatim record is made, including the 59testimony and evidence upon which the appeal is to be made. In accordance with the 60Americans with Disabilities Act, if you need a special accommodation or an interpreter to 61 participate in this proceeding, please contact the County Manager at (941) 774-8383 at least 62seven days prior to the date of the hearing. 64. Questions regarding your assessment and the process for collection may be directed to the 65Public Utilities Administrator at (941) 732-2540. 67 68 COLLIER COUNTY PUBLIC UTlUTIES DIVISION, BUILDING H, THIRD FLOOR, 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA ..... SEND NO MONEY NOW. THIS IS NOT AN INVOICE ..... $ Municipal Service Benefit Unit tO [Property Owner Name] ! ! Parcel Number [Insert Number] 12 13 Prepayment amount before loan is issued (no financing cost): [$7,712.12] ]4 · ~ Number of annual payments for capital cost: [10] Maximum annual payment for capital cost: [$1,344.19] ~$ Expected date of first bill: November 2003 2o 21 23 24 25 ..... SEND NO MONEY NOW. THIS IS NOT AN INVOICE ]o