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Agenda 03/26/2002 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA March 26, 2002 9:00 a.m. NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. COLLIER COUNTY ORDINANCE NO. 99-22 REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMI'I-I'ED 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 26, 2002 INVOCATION AND PLEDGE OF ALLEGIANCE A. Reverend David Richter, Gulf Shore Community Church AGENDA AND MINUTES A. Approval of today's regular, consent and summary agenda as amended. Parte Disclosure provided by Commission members for summary agenda.) B. February 26, 2002- Regular Meeting C. February 27, 2002- Special Meeting D. March 4, 2002 - Special Meeting E. March 6, 2002- Workshop (Ex PROCLAMATIONS A. Proclamation for Conservancy Volunteer Month. To be accepted by Kathy Prosser, President and CEO of the Conservancy. Proclamation for Friends of the Parks. Proclamation for Collier County Community Development Week. To be accepted by Mr. Denny Baker, Interim HUl Director. Proclamation for the Anniversary of Know Your County Government Week. To be accepted by Sherrie Achors and Heather Woodward. Proclamation for acceptance of the Christopher Columbus Statue by the Knights of Columbus. SERVICE AWARDS Five-Year Attendees: 1) Christopher Sottilaro, Water Treatment 2) Aurelio Perez, Parks and Recreation 2 March 26, 2002 3) James Hendrixson, Code Enforcement Fifteen-Year Attendees: 4) John Poczynski, Emergency Medical Services Twenty-Year Attendees: 5) Ervin Collins, Transportation PRESENTATIONS A. A presentation from the most recent "Ideas Team" following their recent visit to Sarasota County. PUBLIC PETITIONS AND COMMENTS ON GENERAL TOPICS A. Public Comments on General Topics B. Public Petition request regarding traffic signal at the Orchards and Vanderbilt Beach Road. 7. BOARD OF ZONING APPEALS This item is being continued indefinitely. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. CU-2001-AR-1456, Dwight Nadeau of RWA, Inc., representing Maloney and Sons Equipment Inc., requesting Conditional Use "20" of the Industrial district for a waste recycling and transfer facility for property located at 3600 Prospect Avenue, in Section 36, Township 49 South, Range 25 East, Collier County, Florida, consisting of 4.78+ acres. This item was continued frorn the February 26, 2002 Board of County Commissioner Meeting. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. CU-2001-AR- 1420, William L. Hoover, AICP, Hoover Planning and Development 3 March 26, 2002 Incorporated, representing Pastor Colin Rampton, of the Seventh Day Adventist Church, requesting conditional uses "7" and "11" of the "A-MHO" Rural Agricultural Zoning District/Mobile Home Zoning Overlay, for a church and child care center on property located at the northeast corner of Lilac Lane and Immokalee Road in Section 23, Township 47 South, Range 27 East. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. CU-2001-AR-1414, Kathy Morgan, of Land Development Consultants, representing The Church of Jesus Christ of Latter Day Saints, requesting Conditional Use "2" of the RSF-3 zoning district for a church for property located in Section 32, Township 46 South, Range 29 East, Collier County, Florida, consisting of 5+ acres. 8. ADVERTISED PUBLIC HEARINGS Acceptance of Settlement in the Case of B.J. Boyer-Savard, et al, vs. Collier County, et al, Case No. 01-1082-CA, pending in the Twentieth Judicial Circuit Court, Collier County, Florida, relating to the extension of a boat dock. This item continued from the March 12~ 2002 Board of County Commissioner Meeting. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition PUDZ-2002-AR- 1978, requesting a rezone from "RSF-3" Residential Single Family to "PUD" Planned Unit Development to be known as the Henderson Creek PUD, allowing 500 residential dwelling units; and requesting an affordable housing density bonus agreement, requested by Gateway Shoppes, LLC, represented by Richard Yovanovich of Goodlette, Coleman and Johnson, and Wayne Arnold of Q. Grady Minor and Associates, all for property located on the Southside 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. BOARD OF COUNTY COMMISSIONERS A. Appointment of member to the Hispanic Affairs Advisory Board. B. Appointment of members to the Tourist Development Council. C. Discussion regarding Longshoremen's and Harbor Workers' Compensation Act (L&HWCA) and its applicability to Collier County's Contractors' Ordinance. (Commissioner Henning) 4 March 26, 2002 Resolution of the Board of County Commissioners of Collier County, Florida supporting increased funding for Regional Planning Councils. (Commissioner Carter) 10. COUNTY MANAGER'S REPORT This item to be heard at 9:30 a.m. Recommendation to confirm the appointment of James DeLony to the position of Public Utilities Administrator. (Thomas W. Olliff, County Manager) Recommendation that the Community Redevelopment Agency (CRA) set a meeting for April 30, 2002, from 9:00 a.m. to 12:00 noon; estimated cost to the CRA is $900.00. (Joseph K. Schmitt, Administrator, Community Development) Adopt a Resolution authorizing condemnation of right-of-way and/or easements required for the construction of a four-lane section of Immokalee Road between Wilson Boulevard and CR 951/Collier Boulevard (Capital Improvement Element No. 71, Project No. 60018). Estimated Fiscal Impact: $5,732,106. (Norman Feder, Administrator, Transportation Services) De Present adopted Residential Parking Standards for the Board of County Commissioners reconsideration. (Joseph K. Schmitt, Administrator, Community Development) This item to be heard at 11:30 a.m. Review the written and oral reports of the Advisory Boards scheduled for review in 2002 in accordance with Ordinance 86-41. 11. AIRPORT AUTHORITY 12. COUNTY ATTORNEY'S REPORT 13. OTHER CONSTITUTIONAL OFFICERS A. Report on the Pelican Bay MSTBU Ordinance and Public Opinion Poll. 14. FUTURE AGENDAS 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS 5 March 26, 2002 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Final acceptance of Water Utility Facilities for Shalom 2000 Building Addition. 2) Amend a Grant Agreement from the Florida Fish and Wildlife Conservation Commission for derelict vessel removal to increase the amount awarded by $35,000 to a total of $46,000. 3) Final acceptance of Water Utility Facilities for Medical Offices at Napa Ridge. 4) Petition CARNY-2001-AR-1713, Peg Ruby, Special Events Coordinator, Collier County Parks and Recreation, requesting permit to conduct a carnival April 12 and 13, 2002, on county owned property at the Vineyards Community Park located at 6231 Arbor Boulevard. 5) Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of "L'Ermitage at Grey Oaks". 6) Request to approve for recording the final plat of "Strada .Bella" and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the performance security. 7) Request to approve for recording the final plat of "Indigo Lakes Unit Five". 8) Adopt Resolutions enforcing liens on properties for Code Violations. Approve the Settlement Agreement providing for abatement of violation and compromise of lien in two Code Enforcement Lien Foreclosures entitled Collier County v. Anthony J. Varano, Case Nos. 99-4226-CA and 00-3430-CA. 10) Request to grant final acceptance of the roadway, drainage, water and sewer improvements for "Island Walk Phase Two". 11) Request to approve for recording the final plat of "Pine Air Lakes Unit Three". 12) Final acceptance of water utility facilities for Temple Shalom. 13) 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 6 March 26, 2002 14) 15) 16) 17) 18) Courts for provision of secretarial services to the Community Redevelopment Agency by the Clerk of Courts. 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. Approval of the Mortgage and Promissory Note for a Two Hundred Thirty- Seven Thousand ($237,000) Dollar Loan to Big Cypress Housing Corporation to assist in the construction of the Main Street Village Affordable Housing Development in Immokalee. Fund source is the Affordable Housing Trust Fund. Reappropriate $30,000 of funds from Tourist Development Reserves to Cover FY02 Brochure expenditures of the County Sheriff and Emergency Management Departments. Approval of an Interlocal Agreement with the Collier County District School Board to authorize plan review and inspection services for construction and maintenance projects of the school districts under the Florida Building Code (FBC); and adopting a schedule of fees for such services. Amend the Budget to reallocate reserve funds in the amount of $100,000.00, previously approved by the Board of County Commissioners in July 2001, for the Immokalee Housing Initiative. B. TRANSPORTATION SERVICES 1) Approve the use of contracted mitigation banks for road construction projects. 2) Recommendation that the Board of County Commissioners award Bid #02-3347 for the Pelican Bay U.S. 41 berm irrigation system to Collier Irrigation in the amount of $98,914.00 and approve the Chairman to execute the contract documents upon attorney review. 3) Approve an Easement Agreement and accept a Drainage Easement for the Lely Stormwater Improvement Project, not to exceed $2,600.00. 4) Approve a Budget Amendment for Work Order Number WMI-02-04 with Wilson Miller Inc., in the amount of $78,100.00 for the preparation of design documents for improvements of 13th Street SW, from 16th Avenue SW to Golden Gate Boulevard, Project Number 69068. 5) Approval of rate of pay adjustments for all bus operations and office staff of the Collier Area Transit (CAT) System. Contract increase of $48,889 for the year. 7 March 26, 2002 6) 7) Approve Work Order No. APC-FT-02-01 with Apac, Inc., for turn lane improvements in the amount of $79,814.45 on Golden Gate Parkway at 53rd Street SW, Project No. 60016. Approve a Budget Amendment for a mid-year budget adjustment to the Transportation Capital Project Budget to bring it in line with the FY02 Transportation 5 year work program as presented during the Transportation segment of the 2001 AUIR. The proposed budget change equals $41,595,221. C. PUBLIC UTILITIES 1) Award Work Order SC-02-45 to Surety Construction Company for general contracting services related to noise issues at the North County Regional Water Treatment Plant, Project 70063, in the amount of $61,000. 2) Approval and execution of Satisfactions of Notice of Promise to pay and agreement to extend payment of water and/or sewer system impact fees. Fiscal impact is $18.00 to record the liens. 3) Approve Change Order I to Gulf States Inc. for the Vineyards reuse water automation project, Contract 01-3211, in the amount of $71,210. 4) Approve Work Order GH-FT-02-3 with Greeley and Hansen LLC, for the South County Regional Water Treatment Plant Reverse Osmosis Wellfield Expansion to 20-MGD, Project 70892, in the amount of $391,365. 5) Approval to enter an agreement with the Florida Department of Community Affairs for the reimbursement of approximately $75,000 for emergency protective measure expenditures resulting from Tropical Storm Gabrielle. 6) Adopt a Resolution approving the Satisfaction of Liens for Solid Waste residential accounts wherein the County has received payment and said liens are satisfied in full for the 1991 Solid Waste Collection and Disposal Services Special Assessments. Fiscal Impact is $22.50 to record the liens. 7) Adopt a Resolution approving the Satisfaction of Liens for Solid Waste Residential Accounts wherein the County has received payment and said liens are satisfied in full for the 1992 Solid Waste Collection and Disposal Services Special Assessments. Fiscal Impact is $42.00 to record the liens. 8) Adopt a Resolution approving the Satisfaction of Liens for Solid Waste Residential Accounts wherein the County has received payment and said liens are satisfied in full for the 1993 Solid Waste Collection and Disposal Services Special Assessments. Fiscal impact is $52.50 to record the liens. 8 March 26, 2002 9) 10) 11) 12) 13) 14) Adopt a Resolution approving the Satisfaction of Liens for Solid Waste Residential Accounts wherein the County has received payment and said liens are satisfied in full for the 1994 Solid Waste Collection and Disposal Services Special Assessments. Fiscal impact is $64.50 to record the liens. Adopt a Resolution approving the Satisfaction of Liens for Solid Waste Residential Accounts wherein the County has received payment and said liens are satisfied in full for the 1995 Solid Waste Collection and Disposal Services Special Assessments. Fiscal impact is $88.50 to record the liens. Adopt a Resolution approving the Satisfaction of Liens for Solid Waste Residential Accounts wherein the County has received payment and said liens are satisfied in full for the 1996 Solid Waste Collection and Disposal Services Special Assessments. Fiscal impact is $100.50 to record the liens. Approve annual service contract with U.S. Filter for maintenance and repair of odor control units at the South County Water Reclamation Facility, in the amount of $39,600.00. Approve Work Order GH-FT-02-4 with Greeley and Hansen LLC, for the Growth Management Plan - Sanitary Sewer and Portable Water Sub- Elements Update and Reclaimed Water Sub-Element, Projects 70070 and 73066, in the amount of $112,500. This effort reflects FY2001 Master Plan Updates. Waive formal competition and approve the purchase of 100 remote transmitting units from Data Flow Systems, Inc., for monitoring wastewater lift stations for the cost of $730,000. D. PUBLIC SERVICES 1) Approve a License Agreement with the Marco Island Historical Society to designate land for a future museum on Marco Island. 2) Approval of an Agreement with Dreambound Enterprises, Inc., for the performance of Jo Dee Messina for the Fourth Annual Country Jam Concert in the amount of $60,000. E. ADMINISTRATIVE SERVICES 1) Award Bid #02-3329 for the annual contract for ready mix concrete to Schwab Ready Mix Inc., and Krehling Industries for an estimated annual expenditure of $25,000. 2) Approve a Resolution revising the Employee of the Month Program as established in Ordinance 87-5. 9 March 26, 2002 3) 4) 5) Request Board approval of an Interlocal Agreement with the City of Naples for 800 MHz Radio Maintenance. Request Board approval to purchase communications equipment to upgrade the VHF Paging System utilized by Public Safety Agencies in the amount of $52,176.80. Award Contracts #01-3291 "Fixed Term Professional Construction Engineering and Inspection (CEI) Services" to the following firms: TBE Group, HDR Construction Control Corp., Law Engineering and Environmental Services, CH2M Hill, Johnson Engineering, Hole Montes, Barraco and Associates (estimated annual amount $350,000). 6) Award Contract #01-3292 "Fixed Term Professional Structural Engineering Services" to the following firms: Jenkins and Charland, CH2M Hill, American Consulting Engineers, TKW Consulting Engineering, Anchor Engineering Consultants, Pyper Engineering (estimated annual amount $175,000). 7) Award RFP 02-3327 - Annual Contract for roadway contractors to Better Roads, Inc., Bonness, Inc., APAC-Florida, Inc., and Florida State Underground for an estimated annual amount of $700,000 to $800,000. 8) Recommendation to declare twelve hundred and fifteen (1,215) County- owned voting machines and other miscellaneous voting equipment as surplus and authorize a sale of the surplus property to County employees and the public pursuant to Florida State Statute 274.06 (estimated revenue $12,150). 9) Authorize Work Order #BSSW-02-01 issued to Barany Schmitt Summers Weaver and Partners Incorporated, in the amount of $89,630.00, for the design and construction management of EMS Station #19 to be located on Santa Barbara Boulevard. 10) Request Board approval for Multiyear Telephone Switch Maintenance Agreement with Avaya Inc. using State of Florida Contract Pricing and Master Agreement at an annual cost of $104,000. 11) Amend the Resolution (02-120) establishing an Employee Health and Wellness Prevention, Incentive and Reimbursement Program to reward employees who participate in County sponsored or endorsed Health and Wellness Programs in an amount not to exceed $35,000 annually. 12) Request Board approval of a lease agreement between M/A Com Private Radio Systems Inc., and Collier County generating annual revenue of $72,900 and a Resolution regarding same. F. EMERGENCY SERVICES 10 March 26, 2002 1) 2) Board of County Commissioners approval to advertise an amendment to an Ordinance of Collier County, Florida to increase the millage rate for the Isles of Capri Municipal Fire Service Taxing District; and to provide for an effective date. Approve and authorize the Chairman to sign Certifications of Inability to comply with Rule 29 Code of Federal Regulations (C.F.R.) Section 1910.134 (G) (4) for the Ochopee Fire Control District and the Isles of Capri Fire Control District. COUNTY MANAGER 1) Approval of Budget Amendment Report - Budget Amendment #02-250 (General Fund 001, IT Administration). H. AIRPORT AUTHORITY 1) Authorize the County Attorney to draft an Ordinance whereby the Board of County Commissioners, pursuant to Subsection 332.08 (2) (A), Florida Statutes, will adopt the "Collier County Airport Authority Rules and Regulations for General Aviation Airports" and will specify the penalties that can be applied against the violator; also to specify various enforcement alternatives that may be used to enforce those penalties in the same manner in which penalties prescribed by other Collier County Rules, Regulations, and Ordinances can be enforced; also that the Airport Authority shall advertise the proposed Ordinance in the Naples Daily News and bring that Ordinance to the Board at a public hearing to consider adoption of this requested ordinance. I. BOARD OF COUNTY COMMISSIONERS J. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous items to file for record with action as directed. 11 March 26, 2002 K. OTHER CONSTITUTIONAL OFFICERS 1) Recommendation that the Board of County Commissioners approve carryforward funding for the Sheriff's Office. 2) To present to the Board of County Commissioners the Comprehensive Annual Financial Report for the Fiscal Year ended September 30, 2001. Copy of Report is available for viewing in the County Manager's Office, 2nd Floor, W. Harmon Turner Building, Collier County Government Complex. 3) Recommendation that the Board of County Commissioners serve as the local coordinating unit of government in the Florida Department of Law Enforcement's Anti-Drug Abuse Act Formula Grant Program. L. COUNTY ATTORNEY 1) Recommendation that the Board of County Commissioners approve the Settlement in Bettencourt v. Collier County, Case No. 00-0283-CA, now pending in the Twentieth Judicial Circuit in and for Collier County, Florida, pursuant to which the County would pay $150,000 and all claims against the County would be dismissed with prejudice, said $150,000 settlement was arrived at during a mediation of the matter. 2) Approve the agreed order awarding expert fees as to Parcels 246 and 246T in the Lawsuit entitled Collier County v. Jose Alvarado, et al, (Golden Gate Boulevard, Project No. 63041), in the amount of $4,512.44. 3) Approve the Agreed Order awarding expert fees to Parcels 244 and 244T in the Lawsuit entitled Collier County v. Jose Alvarado, et al, (Golden Gate Boulevard, Project No. 63041). 4) Approve the Stipulated Final Judgment relative to the easement acquisition of Parcel 357 in the Lawsuit entitled Collier County v. Shane Robertson, et al, (Golden Gate Boulevard, Project No. 63041). 5) Approve the Stipulated Final Judgment relative to the Easement Acquisition of Parcels 172 and 772 in the Lawsuit styled Collier County v. Dominique C. Rih$, as Trustee of the Land Trust Number 5146-1, et al, Case No. 01-0819-CA. Project No. 60071. 6) Approve the Stipulated Final Judgment relative to the Easement Acquisition of Parcels 170 and 770 in the Lawsuit styled Collier County v. Fred R. Sutherland, et al, Case No. 01-0756-CA. Project No. 60071. 12 March 26, 2002 17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. SHOULD ANY OF THE FOLLOWING ITEMS BE MOVED TO THE REGULAR AGENDA ALL PARTICIPANTS MUST BE SWORN IN. A. An Ordinance repealing in its entirety Collier County Ordinance No. 01-49, which created the Community of Character Council. An Ordinance amending Collier County Ordinance No. 2001-76 which created the Livingston Road Phase II Beautification Municipal Service Taxing Unit; providing for amendment to Section Six to allow property owners and appointed representatives of property owners to serve on the Advisory Committee; providing for inclusion in the Code of Laws and Ordinance; providing for conflict and severability; and providing for an effective date. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. VA-2001-AR-1584, Stan Whittemore, representing T. Michael and Barbara J. Brott, requesting a 5-foot variance from the required 30-foot rear yard setback to 25 feet for property located at 384 Fox Den Circle, further described as Lot 32, Foxfire Unit 3, in Section 6, Township 50 South, Range 26 East, Collier County, Florida. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. 13 March 26, 2002 AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETIN(~ March 26, 2002 MOVE: ITEM 8A TO 1713: Acceptance of Settlement in the Case of B. J. Boyer- Savard, et al, vs. Collier County, et al, Case No. 01-1082-CA, pending in the Twentieth Judicial Circuit Court, Collier County, Florida, relating to the extension of a boat dock. (Staff request.) ADD: ITEM 9E: Discussion regarding passive parks. (Commissioner Henning.) DELETE: ITEM 16(A)8' Adopt resolutions enforcing liens on properties for code violations. (This is a duplicate of Item 16(A)9.) (Staff request.) MOVE: ITEM 16(B)1 TO 10(F)' Approve the use of contracted mitigation banks for road construction projects. (Staff request.) MOVE: ITEM 16(B)5 TO 10(G): Approval of rate of pay adjustments for all bus operations and office staff of the Collier Area Transit (CAT) System. Contract increase of $48,889 for the year. (Commissioner Coyle.) CONTINUE: ITEM 16(G)1 TO APRIL 9, 2002 BCC MEETING Approval of Budget Amendment Report - Budget Amendment #02-250 (General Fund 001, IT Administration). (Staff request.) CONTINUE ITEM 16(L)1 TO APRIL 9, 2002 BCC MEETINC_,: Approve the Settlement in Bettencourt v. Collier County, Case No. 00-0283-CA, now pending in the Twentieth Judicial Circuit in and for Collier County, Florida pursuant to which the County would pay $150,000 and all claims against the County would be dismissed with prejudice, said $150,000 settlement was arrived at during a mediation of the matter. (Staff request.) NOTE: For the record Item 10E should read," in accordance with Ordinance 2001-55." ' ' PROCLAtAA TXON WHEREAS, The Con~ervency of Southwest Florida is the re~3ion's leadinl~ n~n-proA¥ en~ranmental organization: and. ?-ho Conservency has helped pro.ct nanrly .900. 000 acr~ of en~ronmem'ally sensitive Es~s. Rookery Bay. and 8i~ ~/In~ss Preseree: and. ?'he Conservancy actively assists with sto~ and fedoral la~ a~isih~ a~ ~sffi~P~ $o~ft ~ ~ofl~rofl~ ~f ~o~ FIoMda: and more than 7~ ~lu~ero a~d. ?'he Conservency helps shape en~ronmental l~licy in ~uth Florida by participating and monitoring moro tho# I ~5 $outl~e~t Florida environmental issues .annually; in addition to playing a key roi/in environmental advocacy and protection. ?-he Coherency ol~r~tes, in sup~rt of it~ mission, the Naples Negro Center, the Bras Protect/an Proj~ch' thousands of os museum care givers, spec/a/ coordinators, office NOW ~E'FOR~ d~ tt~t ~n~ lead, rs ?'h~ ~o~servancy of County, P/or/do, DONE AND ORDERED TH-rS Z~th Day BOARD OF CO~IN?-Y COtAN~,.~ON~ ~-N. c6~fr~, c~rR~AN z~ .... 2002 .... PROCLAAfA T£ON WHEREAS, the Fr£ends of the Parks is a core group o£ volunteers involved in helping to raise funds for special park additions, promoting programs, assist£ng in planning o£ new programs and o£ needed £aci/ities; and, 14/HEREA$. ~he goal o£ this group is to develop community pride and partnership bef~veen the Parks and Recreation staff and the cbmmunify, to meet ~he recreational needs o£ citizens who ut///ze the £ac///t/es, to make the community parks the hub £or community act/v/ties and to develop a group o£ interested citizens who w/ii ass/st the Parks and Recreation Department in acquiring spec/a/fy equipment and add/Hanoi £ac///ties £or £uture recreat/ona/ needs; and, WHEREAS, the Friends of the Parks hove volunteered a total of more than three thousand nine hundred anE n/ne.fy hours at seven different park locations. ' - NOFV 7'HERE/~ORE, be i~ proc/aimed ~hia ~6~ day o~ ~, ~ tha~ ~he F~nd$ aY ~he Porks be re~/zed b? ~ht. ~ o~ Coun~ Commi~ioner$ aY Coil/er Count, F/~/da, ~OP~ ~eir dedication and mppo~ o~ the C~n~ ~ ~rk system. DONE AND ORDERED Tt~T$ 26th Day of A4arch, 2002. A TT'E$ T: 80ARD OF COUNTY. CO/~/bT$$ZONER$ DWZGblT E 8ROCK, CLERK AG EI:~'~TEt4 No. HAR 2 6 2082 PR OCLA tAA 7'~ON WFIEI~EA$, in 2001 Collier Coun~/ became an "entitlement" recipient o£ Federal Funds £rom the U. 5. Department ot:/-/ous/ng and Urban Development (klUD) under the £ommun/ty Development Block Grant (CDBG) Program; and, the CDSG Program has ~trengthened America's communities by providing a£fordab/e and accessible housing, /n£rostrucfure improvements, economic development in/t/at/yes, and other pub/lc service and revita/izatYo~ improvements; and, WHE/~EA$, .~002 marks the 2~ Anniversary of the CO.~G Program: and, the Secretary of HUD has proclaimed Apr// Is' through 7e~ as "Nat/oma/Community Development Week'? and, WHEREAS, the theme /s "CDBG: Uniting Communities Across America"' and is intended to send a strong message to Congress and the general pub/lc that the CD~G Program plays an important role /n ensuring the v/abili~y o£ our c/t/es; and, Cailler Count? /oaks ~ ~o camYnued implementation o£ /ts CO~G-£unded projects and ~c~'~'tie$, as we// as /ts continued partnership w~th ~e U.S. Oepartmeart of ~ousin9 and Urban De~lo~t amd other ~e$ that ~idt se~tbes ~o Collier C~ ~stdents. NOW, 7'/4E/?~OI~E be it proclaimed by the ~oord of COUnty Commissioners Collier Count, Y/or/do that the ~ek of April ~ ~h~ugh April be ~cogn/zed as CO! !_rEg COUNT'Y COIAIAUNZTY DEVELOPIAEt~, WEEK DONE AND ORDERED TH'f$-~&~ DAY OF lAARCH 2002. BOARD O..F~O~ A~E~T: ................... ..... PROCLAA~A TION WHEREAS. county government is a comp/ex and multifaceted proce$s which affects ~he lives af afl res/dents of Coil/er County; and, WHEREAS, an increased knowledge of how various aspects of county 9overnment work can enhance an individual's quality of life Co/i/er County; and, W/4EREA$, t? is desirable for ail county res/dents fo be knowledgeab/e of the county's government and how it works; and, WHEREAS, the League of Women Voters of Coil/er County, Coil/er County 4- /4, and Coil/er County Pub/ic $choo/s have co-sponsored the Know Your County Government Teen Citizenship program for 23 years. NOt4z 774ERE?ORE, be it pr~ltt[#ttd b~ Ht~ ~ of County Commissioners of ~Collier C~onty,.F!orida, li~tlt~e w~_..~f ~arch Z4-30, ZO0~ be DONE/tNb OROERED TH£$ 26th Da7' of March, A TTE$ T~ DIY-?'G/4T E. 8ROCK, CLERK AGENDA- ITEM No. ..... MAR 2 6 2002 Pg- ~ PROCLAMA'I-ZON WHEREAS, Christopher Columbus had the vision, faith and courage to achieve one of the most daring and remarkable expeditionary feats in the history of humankind; and, WHEREAS, his successful voyages would pave the way for millions of immigrant~ seeking a better life in the New World; and, WHEREAS, the exploits of this renowned sailor, navigator, explorer and man of faith, who first took to the sea at the age fourteen, have been, and continue to be, an inspiration to people around the world; and, WHEREAS, the Knights of Columbus, the largest catholic fraternal service organization in the world, known for its charitable deeds, service to community, and love of country, selected this brave and visionary man as,their I~Zt~on; and, WHEREAS, the Board of COunty Commissioners'of Collier County, Florida, previously .approved acceptance of this donation on the 12th day of,September of 2000. . NOW THEREFORE, be it proclaimed this 26th daY of 'March of. 2002 that the Board of County Commissioners of Collier county, Florida, on behalf of the citizens of Collier County, accept this generous 'donation of the Christopher Columbus statue.-from the Knights of Columbus. ' DONE AND ORDERED TI..B:5 Z6TH bAY OF MARCH BQARD OR COUN"t~!CO~SSTONER5 ATTEST: ,TAMES N. COLETTA, CHAZRMAN Dw'rGHT E. BROCK, CLERK HAR 2 6 2002 EXECUTIVE SUMMARY A PRESENTATION FROM THE MOST RECENT "IDEAS TEAM" FOLLOWING THEIR RECENT VISIT TO SARASOTA COUNTY OBJECTIVE: To provide a more efficient and effective local government by visiting and learning from other Florida government jurisdictions. CONSIDERATIONS: Ideas Teams are cross-functional employee teams that are created to visit other governments in Florida that have particularly good reputations to generate improvement ideas for Collier County. The first team visited Martin County and resulted in several public information, code enforcement and environmental regulations improvements. The second team recently visited Sarasota County who has historically been held in high regard. The team reviewed a number of different program areas from utilities to recycling and will make a presentation of their findings. GROV~I'H MANAGEMENT IMPACT: There is no growth management impact associated with this presentation. FISCAL IMPACT: There is no fiscal impact associated with this presentation. RECOMMENDATION: That the Board of County Commissioners hear a presentation from the second Ideas Team regarding their visit to Sarasota County. Prepared b~.' \ ~-.,. ,-"~ ~.-: Thomas W. Olliff, Cour~anager IDEAS TEAM II Mission Statement: To identify successful management approaches being implemented by other Florida counties to incorporate within Collier County to exceed customer expectations. Visit to Sarasota County January 15-16, 2002 Attendees: Roy Anderson, PUED Director Joe Cheatham, Wastewater Director Kevin Dugan, Principal Environ. Specialist Denise Kirk, Recycling Coordinator BatTy Williams, Social Services Director Sarasota Count~ Overview Mission of Sarasota County Government To provide and enhance quality programs, services, and facilities that reflect the goals of the community while always promoting health, safety, public welfare, and quality of life for our citizens. Sarasota County. Administration County Administrator Two Deputy County Administrators Eight Executive Directors Executive Council Business-like Administration Four years ago the Sarasota Administration began reorganization. Twenty-three departments were combined into eight Business Centers. The business model was used to drive work perception. For accountability business centers had to create business plans which are used in the budgeting process. Plan outcomes can then be used to measure "profit for shareholders." Yearly Themes Last year: Alignment Work together to overcome organizational arrogance This year: Values Personal responsibility Operational excellence "Trust Training" Strateg~_q Planning Retreats with the Executive Council Workshops with the BCC Identified six community priorities: Neighborhood Preservation/Enhancement Growth Management Water Resource Management Transportation Economic Development Human Services 4 OPX Operational Excellence (OPX) is an internal management program designed to align work performed by each person to enterprise strategic initiatives and business center objectives. Strategic initiatives are identified by the Sarasota BCC. OPX is a business management process that aligns the mission, vision and strategic initiatives to day-to-day workflow and personal performance, to ensure the outcome of work supports identified strategies and goals and accountability. OPX .... * is the management foundation to build services ', aligns mission, vision, strategy, workflow, personal performance · empowers owners to make improvements by exceeding performance · focuses on high impact performace measures accomplished in shortest time possible · facilitates and encourages communication · sets accountability · implements balanced scorecard IDEAS Wastewater Operations Septic tank replacement program using vacuum sewer system Used City of Venice to help with capacity issues Looking at regional solution for biosolids Consolidate water/wastewater pipe repair Central warehouse for water/wastewater Budget across department lines Raised reuse rates to 48 cents/1000 gallons Water Operations Regular lunch meetings with related jurisdicitions EDR (electrodialysis reversal) ionics process Water plant located on 24,000 acre preserve Tropicana Teamsters Union involvement Need for Supervisory Control and Data Acquisition (SCADA) person Moving toward sea water desalination 6 Channel 19 Promotion of E-training Borrowed against CATV surcharge of 13 cents yr/customer Issue oriented V2 hour specials In partnership with the City of Sarasota Broadcast meetings via Intranet and Internet Trained Communications/PR person in each "business center" Employees have media employment history "CNN-type" issue oriented call in show Emer encg2&qy_QpO eration s War Room represents all government components Subdued lighting Cross trained police/fire and 911 dispatch employees Ergonomically designed work area Family members, pets accompany phone workers 500,000 emergency calls per year Employee turnover reduced from 30% to 10% annually 7 Social Services Align with Health Department Develop outcome measures for services delivered Use Channel 54/11 to publicize issues related to Primary Health Care Program Use advisory committee to influence direction of Health and Human Services Use needs assessment to guide advisory committee Recvcline Materials Recycling Facility (MRF) Recycling Education Center Office Supply Exchange Area Mandatory C&D and commercial recycling Electronics recycling Code enforcement team for recycling Mandatory collection yearly assessment larger ~ee Development & Organization Tool kits for training Use of E-training, using IT Department Support "change efforts" Core competencies Pay plans Performance based salary realignment Arts and Tourist Development Beach work in cooperation with neighboring county RFP on how to best spend tourist tax dollars Informational kiosks Consider forming a Convention and Visitors Bureau to plan and execute promotion Target our promotion toward culture ~.nd arts 10 Natural Resource Management T.Mabry Carlton, Jr. Memorial Reserve (24,565 acres) Wellfield Water plant Public use facility Pinelands Reserve (6,151 acres) Landfill Active Land Management Mitigation and buffering 11 SARASOTA COUNTY "Decl~cared ro Qual~ry Ser~,~ce" February 14, 2002 RECEIVED COUNTY MANAGER OFFICE Thomas W. Oliff, County Manager Collier County 3301 East Tamiami Trail Naples, FL 34112 Subject: Collier County Visits Sarasota County Dear Mr. Oliff: Thanks for your kind letters to staff who participated in the visit from your representatives in January. We certainly enjoyed visiting and sharing xvith the DEAS Team and hope we were helpful. What a great concept! Your offer of reciprocity is very much appreciated. I understand that Loft Carroll and Craig Bliss of our Wastewater Utility section will be coming to visit your group in March. I expect that others from Sarasota County may do the same. Best wishes on a successful process improvement program. Sincerely, .,.'Y / 2 Robert Patten Executive Director I ,Internal\MISC',coliier county manager doc ENVIRONMENTAL SERVICES, Office of the Executive Director · 2817 Cattlemen Road, Sarasota, FL 34232 Tel 941-378-6102 o Fax 94%378-6089 COLLIER COUNTY MANAGER'S OFFICE March 7, 2002 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8383 FAX (941) 774-4010 Mr. Bob Gentile Vanderbilt Beach Road Safety Committee 7678 Groves Road Naples, FL 34109 Re: Public Petition Request Regarding Traffic Signal at the Orchards and Vanderbilt Beach Road Dear Mr. Gentile: Confirming our telephone conversation of Wednesday, March 6, 2002, your Public Petition requested originally scheduled to be heard at the March 12, 2002 Board of County Commissioner's meeting, will now be heard at the March 26, 2002 meeting. Thank you for your cooperation with this change. Executive Assistant to the County Manager /jb COLLIER COUNTY MANAGER'S OFFICE February 26, 2002 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA :]4 112 194I) 774-8383 FAX ~941 )_ 774-4010 Mr. Bob Gentile Vanderbilt Beach Road Safety Committee 7678 Groves Road Naples, FL 34109 Re: Public Petition Request Regarding Traffic Signal at the Orchards and Vanderbilt Beach Road. Dear Mr. Gentile: 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 Mr. & Mrs. Robert Gentile 7678 Groves Rd. Naples. F1 34109 (941) 514-7924 February~*~~. 2002 County Manager's Office C/o Tom Ollifl' 3301 E. l'amiami Trail Naples. FI 34112 {941 ) 774-8383 Dear Mr. Oilifl: On behalf of mY community the "ORCHARDS" located at 7857 Gardner Dr. Naples. FI 34109. and as chairman of the Var~derbilt Beach Rd. safety committee. I request that our petition for a permanent/temporary traffic signal be placed on the BCC agenda for March 2002. This signal would be located at the entrance to our community on Vanderbilt Beach Rd. The danger involved ~Sth entering and exiting our commtmity continues to grov, as we speak. I can be reached at my home listed above if you have any questions or instructions for me. l'hank you. S~cerely, Bob Gentile VB Rd. Comm. Cc: Mr. & Mrs. W Butterworth Mr. & Mrs. D Jones Mrs. F Marcinkowski Mrs. R Gentile ,AGENDA ITEM--,, EXECUTIVE SUMMARY PETITION CU-01-AR-1420, WILLIAM HOOVER, OF HOOVER PLANNING AND DEVELOPMENT, INC., REPRESENTING THE SEVENTH DAY ADVENTIST CHURCH, REQUESTING CONDITIONAL USE "7" AND "11" OF THE RURAL "A-MHO" RURAL AGRICULTURAL WITH A MOBILE HOME OVERLAY ZONING DISTRICT TO ALLOW A CHURCH AND CHILD DAY CARE FACILITIES FOR PROPERTY LOCATED ON THE NORTHWEST CORNER OF IMMOKALEE ROAD (CR-846) AND LILAC LANE, IN SECTION 23, TOWNSHIP 47 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: To have the Board of Zoning Appeals consider an application for a conditional use "7" and "11" of the "A" Rural Agricultural zoning district with a Mobile Home Overlay allowing a church and child care facility while maintaining the community's best interest. CONSIDERATIONS: The applicant is requesting a Conditional Use for a church and associated day care facility. The applicant is proposing to build this facility in three different phases. Phase one will consist of an 18,000 square foot church building. Phase 2 will add another 18,000 square feet to the church. Phase 3 will consist of an additional 2,400 square feet for a childcare center. Phase One is expected to be completed by 2003, with approximately 300 seats while Phase Two is anticipated to be completed by 2008 and will provide a total of 500 seats. The applicant is also proposing a playground, a basketball court and a soccer/football field. The site is currently pastureland, zoned "A-MHO" Agricultural xvith Mobile Home Overlay. The surrounding land uses include undeveloped pastureland to the north and east, Immokalee Road to the south and a mobile home to the west. The Transportation Review indicates that the ingress and egress to the site will be from Lilac Road. The ITE Trip Generation manual indicates that this site will generate 674 trips on a weekday at build- out in 2008. On Saturdays this site will generate 984 trips with 342 AM Peak hour trips. Based on this data, the segments on Immokalee Road between Collier Boulevard and Oil Well Road will operate at LOS "B" for any segment that is 4-1aned and LOS "F" for any segment that remains 2-lanes. It should be noted that there are no road xvidening plans for Immokalee Road between Oil Well Road and Everglades Boulevard in the near future. If this segment of Immokalee road is 4-1aned by the built-out of phase 2 of this church, the level of service (LOS) should be "B". However, should the road remain a 2-lane road at the completion of phase 2, then this section of Immokalee Road will function at the LOS "F". Staff added stipulations delaying phases 2 and 3 until Immokalee Road is 4-1aned to Everglades Boulevard. In addition, the property owner shall dedicate free of charge to Collier County the right-of- way needed for the widening of Immokalee Road in lieu of constructing turn lanes. The County shall construct the turn lanes when needed. Until that time the petitioner shall have a Sheriff's Deputy direct traffic at the intersection of lmmokalee Road and Lilac Lane just prior to and after church services. MAR 2 6 2002 ANALYSIS: The list below contains a summary of the evaluation of the criteria, which are specifically noted in Section 2.7.4.4 of the Land Development Code requiring staff evaluation and comment, and used as the basis for a recommendation for approval or denial by the Collier County Planning Commission and the Board of County Commissioners. The subject site has adequate frontage on Immokalee Road and will not adversely impact traffic flow. In addition, the ingress/egress on Lilac Lane is considered to be an optimal location in terms of traffic flow and safety. It is unlikely that glare or odor will be produced by the church at a level that exceeds the impacts could be created by permitted agricultural uses in this zoning district. Staff is of the opinion that a church for the most part represents a passive use of land, and is therefore compatible with adjacent agricultural land uses. However, intensifying the traffic conditions on Immokalee Road resulting from this project may at times give rise to inconveniencing neighborhood residents. FISCAL IMPACT: This project by and of itself will have no fiscal impact on the County. However, if this request meets its objective, a portion of the existing land will be 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: Fire Impact Fee: Correctional Facilities Road Impact Fee: EMS Impact Fee: S0.30 per square foot under roof $0.1170 per square foot $2,190 per 1,000 square feet $34.00 per 1,000 square feet The total amount of impact fees for the church use is approximately $88,737. These impact fees are based on the total square footage of the proposed 33,600 square foot structures. These impact fees are used to fund projects in the Capital Improvement 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. 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. MAR 2 6 2002. GROWTH MANAGEMENT IMPACT: The subject property is designated Agricultural/Rural (Agricultural/Rural-Mixed Use District) as identified on the Future Land Use Map of the Growth Management Plan. Relevant to this petition, this designation permits non-residential uses such as community facilities, which includes churches and childcare. This site is within the area of the County subject to Final Order No. AC-99-002, issued June 22, 1999, by the Administration Commission (Florida Governor and Cabinet). However, the Final Order does not prohibit the conditional use of churches and affiliated child-care facilities. ENVIRONMENTAL ISSUES: Since the proposed church and day care facility does not impact any wetland areas, this petition is not required to be reviewed by the by the Environmental Advisory Council (EAC). In addition, the Environmental Review staff determined that this petition is consistent with the applicable environmental requirements of the Land Development Code. They have recommended approval subject to the preservation of 15 percent of the existing native vegetation on-site as required in Section 3.9.5.5.4 of the Land Development Code. HISTORIC/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. PLANNING SERVICES STAFF RECOMMENDATION: Planning Sen'ices staff has referred this petition to all appropriate County Agencies for their review and recommendation. Based upon their analysis and planning review, staff had recommended that the Collier County Planning Commission forward Petition CU-01-AR-1420 to the Board of Zoning Appeals with a recommendation of approval subject to staff stipulations. ENVIRONMENTAL ADVISORY COUNCIL RECOMMENDATION: The Planning Services Department Environmental and Engineering staffs have reviewed the petitioner's application and have recommended approval. Since no wetlands will be impacted by the proposed church, no EIS was required. As a result, this petition was not required to go before the Environmental Advisory Council (EAC). PLANNING COMMISSION RECOMMENDATION: The Planning Commission heard this petition on December 20, 2001. They unanimously recommend by a 9 to 0 vote to forward this petition to the Board of Zoning Appeals with a recommendation of approval subject to staff stipulations contained in the resolution. The CCPC determined that the proposed church facility is compatible with the surrounding area. It should be noted that the adjacent property owner to the east raised a concern that his wholesale nursery business might be problematic for the childcare facility due to pesticide spraying. As a result, the petitioner a ~,,,,d ..... ~*~ '~,~ childcare facility to the west end of the site. PREPARED BY: RA'L~J~ELIT, OW~, CHIEF PLANNER CURRENT PLANNING SECTION DAT~E REVIEWED BY: SUSA4q MURRAY, PLAN~IING SERVICES DEPARTMENT D~ATE APPROVED BY: JOSEPH K. SCHMITT, ADMINISTRATOR COMMUNITY DEV". AND ENVIRONMENTAL SVCS. DATE EX SUM MARY,'CU4) l -AR- 1420,rRVB 'rb AC.~A ITE.~ MAR 2 6 2002 MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION DATE: NOVEMBER 28, 2001 RE: PETITION NO: CU-2001-AR-1420 OWNER/AGENT: owner: Seventh Day Adventist Church Pastor Colin Rampton 239 Fairway Circle Naples, FL. 34110 Agent: William L. Hoover, AICP Hoover Planning and Development, Inc. 3785 Airport Road North, Suite B-1 Naples, FL. 34105 REQUESTED ACTION: The applicant is requesting the approval of a conditional use for a church and child care center. GEOGRAPHIC LOCATION: The subject property is located at the Northwest corner of Lilac Lane and Immokalee Road (See attached Exhibit for legal description). This parcel consists of approximately 13.93 acres. PURPOSE/DESCRIPTION OF PROJECT: The applicant is requesting Conditional Use # 7 and # 11 of the Agricultural zoning district for a church and associated day care. The applicant is proposing to build this facility in three different phases. Phase one will consist of a 16,800 square feet church -1- '-3a .... _. LANE: ~,MO~LE ~IC:,~?E O','ER._'v,i MOS~LE HOI'¢E W TH CLEARED LAND 9L:ILDINI~ z IMMOKALEE ROAD (0R-846) (Pored 2-Lone Rood~oy) AREA = ~5.93 .~C~E':J *u'~Rm~U~,up~.''-' (MOBILE HOME OVERLAY) CLEARED LAND ',MC, 9:LE H,3k, E OvERL4"; CLEA~ED L~r~E building. Phase 2 will add another 16,800 square feet to the church. Phase 3 will consist of a 2,400 Square feet of childcare center. The applicant is also proposing a playground, a basketball court and a soccer/football field. They are proposing three access points on Lilac Road. SURROUNDING LAND USE AND ZONING: Existing: Surrounding: North East South West -Pasture land, zoned "A-MHO" Agricultural with Mobile home overlay. -Pasture land, zoned "A-MHO" Agricultural with Mobile home overlay. - Pasture land, zoned "A-MHO" Agricultural with Mobile home overlay. -Immokalee Road, then residential dwelling, zoned "A- MHO" Agricultural with Mobile home overlay. - mobile home, zoned "A-MHO" Agricultural with Mobile home overlay. GROWTH MANAGEMENT PLAN CONSISTENCY: The subject property is designated Agricultural/Rural (Agricultural/Rural-Mixed Use District) as identified on the Future Land Use Map of the Growth Management Plan. Relevant to this petition, this designation permits non-residential uses such as community facilities which includes churches and child care. This site is within the area of the County subject to Final Order No. AC-99-002, issued June 22, 1999, by the Administration Commission (Florida Governor and Cabinet). However, the Final Order does not prohibit the conditional use of churches and affiliated child care facilities. Other applicable elements of the GMP for which a consistency review was made are as follows: Transportation Element: Ingress and egress to the site will be from Lilac Road. The ITE Trip Generation manual indicates that this site will generate 674 trips on a weekday. On Saturdays this site will generate 984 trips with an AM Peak hour trip of 342. Based on this data, the site-generated traffic will exceed the significance test standard (5 percent of the level of service LOS "C" design volume) on Immokalee Road between Collier Boulevard and Oil Well Road by 2003. There are no road widening plans for Immokalee Road between Oil Well Road and Everglades Boulevard in the near future. If this segment of Immokalee road is 4-1aned by the built-out of phase 2 of this church, the level of service (LOS) should be "B". However, should the road remain a 2-lane road at the completion of phase 2, then this section of Immokalee Road will function at the LOS -2- MAR 2 6 2002 "F". Staff added stipulations delaying phases 2 and 3 until Immokalee Road is 4-1aned to Everglades Boulevard. Conservation Element: This petition was reviewed by the Environmental Staff of Development Services and found to be consistent with the Conservation Element of the GMP. STAFF ANALYSIS The Current Planning staff has coordinated a comprehensive evaluation of this land use petition and the criteda on which a favorable determination must be based. This evaluation is intended to provide an objective, comprehensive overview of the impacts of the proposed land use change, be they positive or negative, culminating in a staff recommendation based on that comprehensive overview. The below listed criteria are specifically noted in Section 2.7.4.4. of the Land Development Code thus requiring staff evaluation and comment, and shall be used as the basis for a recommendation for approval or denial by the Planning Commission to the Board of County Commissioners. Each of the potential impacts or considerations identified during the staff review are listed under each of the criterion noted below, and are categorized as either pro or con as the case may be, in the opinion of staff. Staff review of each criterion is followed by a summary conclusion culminating in a determination of compliance, non-compliance or compliance with mitigation. a. Consistency with this code and Growth Management Plan. The site in question is zoned "A-MH©". This designation permits non-residential uses such as community facilities which includes churches and child cares. This request is deemed to be consistent with the requirements of the Growth Management Plan. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. The site will be accessed via Lilac Road, which is an unimproved private road. Staff has stipulated that Lilac Road must be paved from Immokalee Road to the northern end of the subject property. The effect the conditional use would have on neighboring properties in relation to noise, glare, economic or odor effects. This church will generate some traffic noise. Some neighboring property owners may consider this offensive. However, it is important to note that, neighboring ~. '/ IT~ MAR 2 6 2002 properties are mostly undeveloped. The proposed church will not generate any dust, glare or odor in the area. Compatibility with adjacent properties and other property in the district. The parcel in question is surrounded on all sides by large and vegetated properties. All properties in the area are zoned A-MHO, which allows at a maximum one dwelling unit per five (5) acres which will provide for sufficient separation between the subject site and abutting residences. There are very few residences within the vicinity of the subject site. Furthermore, churches have traditionally been considered compatible with residential uses. STAFF RECOMMENDATION: Staff recommends that the CCPC forward Petition CU-2001-AR-1420 to the BZA with a recommendation for conditional approval subject to all staff stipulations. -4- MAR 2 6 2002 ~g. i~-~ PREPARED BY: CHAHRAM BADAMTCHIAN, Ph.D., AICP PRINCIPAL PLANNER DATE REVIEWED BY: I~IU RRAY, AI,~I~ CURRENT PLANNING MANAGER THOMAS E. KUCK, P.E. INTERIM PLANNING SERVICES DIRECTOR DATE DATE APPROVED BY: N M. DUNNUCK, III DATE RIM COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES I NISTRATOR Petition CU-2001 -AR-1420 This petition has been tentatively scheduled for January 22, 02, BCC Public Hearing. JOYCE,~NNA J. RAUTIO, C~IAIRMAN -5- MAR 2 fi 2002 APPLICATION FOR PUBLIC HEARING FOR: CU-2001-AR- 1420 NE Naples Seventh Day Adventists Church Project #2001090003 Date: 8/4/01 Charam Badamtchian CONDITIONAL USE Petition No.: Commission District: Date Petition Received: Planner Assi~ed: ABOVE TO BE COMPLETED BY STAFF General Information Name of Applicant(s) Pastor Applicant's Ix{ailing Address 2 3 9 City Naples Applicant's Telephone # 513-0295 Name of Agent William L. Agent's Mailing Address 3785 City Naples Agent's Telephone# 403-8899 Agent's E-Mail Address: Colin Rampton, Seventh Day Fairway Circle State Hoover Airport Adventist Church Florida Zip 34110 Fax# 513-0295 (call first) Firm Hoover Planning & Dev., Inc. Road North, Suite B-1 State Florida Zip Fax# 403-9009 Hooverplanninq@cs.com 34105 COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE - NAPLES, FL 34104 PHONE (941) 403-2400/FAX (941) 643-6968 APPLIC &TION lc'OR PUBLIC HEARING t-OR CONDITIONAL USE - 0.2/2000 MAR 2 8 2002 {2 Complete the following for all Association(s) affiliated with this petition. (Provide additional sheets if necessaD"~ Name of Homeowner Association' Mailing Address N~ne we knom_off. City State Zip Name of Homeov~mer Association: Mailing Address City State __ Zip Name of Homeov~mer Association: Mailing Address City State __ Zip__ :Name of Master Association · Mailing Address City State __ Z. ip Name of Civic Association: ]',,Iai ling Address Citx' State __ Zip Disclosure of Interest Information: If the property is owned fee simple by an IN'DIVIDUAL. tenancy by the entirety. tenancy m common, or joint tenancy, list all parties xvith an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary). Name and Address NA Percentage of Ownership ,&PPLICATION FOR PUtlI~IC I-1EAJ~.ING FOR COND1TION,a~L USE -- 02/2000 MAR 2 6 2002 If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock oxNmed by each. Name, AddressandO~ce Florida Conference Asso¢iati~nn 655 N. Wymore Road Winter Park, FL 32789 PercentageofStock of Savonfb-Day Adventists Non-Profi~ C~rp_ (FL) If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address Percentage of Interest If the property is in the name of a GENEfLAL or LIMITED P.KRTNERSHIP? list the name of the general ancL/or limited partners. Name and Address Percentage of O~mership If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation. Trustee, or a Parmership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Name and Address Percentage of O,amership APPLICATION FOR PUBLIC IlEA, RING FOR CONDITIONAL USE -- 02/2000 MAk 2 6 2002 Date of Contract: If any contingency clause or eontra~t t=rms involve additional parting, ligt ail individuals or officers, if a corporation, partnership, or trust. Name and Address Date subject property acquired fX) leased ( ): Term of lease Nov. 20, 2000 If. Petitioner has option to buy, indicate date of option' terminates: , or anticipated closing date yr./mos. and date option Should any changes of ownership or changes in contracts for purchase subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. Detailed legal description of the property covered by the application: (If space is inadequate, attach on separate page.) If request involves change to more than one zoning district, include separate legal description for property' involved in each district. Applicant shall submit four (4) copies of a recent survey (completed within the last six months. maximum l" 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 sum'er may be required. Section: 2 3 Tov~mship' 4 7 Range: 2 7 Lot: Block: Subdivision: Plat Book Page fl': Property I.D.#: 00096160006 Metes & Bounds Description: See attached deed. Size of propert3': 6 3 3 fl.. X 1 2 7 8 ft. = Total Sq. Ft. Acres 1 3.9 3 (odd-shaped) Address/general location of subiectpropert3,': At t-h~ n~rt-hwast corner of Lilac Lane and Immokalee Road. · ~,PPLICATION FOR PUBLIC HEAJ~ING FOR CONDITIONAL USE - 0212000 MAR 2 6 2002 Adjacent zonine and land use: Zoning Landuse hgric. N (MH Overlay) Cow pasture. ROW then Agric. S (MH Overlay) Immokalee Road, then house on 5 acres. Agric. E (MH Overlay) Cow pasture/Sprint switchinq station. Agric. ~; (MH Overlay) Mobile home on 5 acres. Does property owner ovum contiguous property to the subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page~. No. Section: Township: Lot: Block: Plat Book Page #: Metes & Bounds Description: Range: Subdivision: Property I.D.S: Type of Conditional Use: This application is requesting conditional use # 7 8, the Agric. district for ~YPEo~us~ Church and child care center. Present Use of the Property: oo~ pa~t-~r~. of Evaluation Criteria: Provide a narrative statement describing this request for conditional use. NOTE: Pursuant to Section 2.7.4. of the Collier County Land Development Code, staff's recommendation to the Planning Commission and the Planning Commission's recommendation to the Board of Zoning Appeals shall be based upon a finding that the ~anting of the conditional use will not adversely affect the public inte specific requirements governing the individual conditional use, if any, ha, that further, satisfactory provision and arrangement have been made following matters, where applicable. Please provide detailed respons~ APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 02/2000 I ,eL i e be~l~ met, and concerning the criterion listed belm~-. Specify how and why the request is consistent with each. (',Attach additional pa~es as may be necessary). Describe how the project is consistent with the Collier County' Land Development Code and Growth Management Plan (,include information on how the request is consistent with the applicable section or portions of the future land use element)' Churches and child care centers are permitted uses in the Aqricultural/Rural - Mixed Use District of the Agricultural/Rural Desiunation on the Future Land Use Map. Describe the existing or plam~ed means of ingress and egress to the property and proposed structure thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Lilac Lane to Immoka!ee Road. Describe the effect the conditional use wilt have on neighboring properties m relation to noise, glare, economic impact and odor: With the pr-o~d buffers the project will have an inconsequential impact on neighboring properties. Describe tile site's and the proposed use's compatibility with adjacent properties and other properties in the district: The proposed facilities wi!! be easily compatible with neighboring properties, Please provide any additional information which you may feel is relevant to this request. ,APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 0Z,tZ000 4AR 2 6 2002 10. Deed Restrictions: The County is legally precluded from enforcing deed restrictions, however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. Previous land use petitions on the subiect property: To ':our knowledge, has a public hearing been held on this property within the last year? If so, what was the nature of that hea~ng? No Additional Submittal requirements: In addition to this completed application, the following must be submitted in order for your application to be deemed sufficient, unless otherwise waived during tile preapplication meeting. a. ,a cop}' of the pre-application meeting notes: Sixteen (16) copies of a 24" x 36" conceptual site plan [and one reduced $?;"x 11" cop5' of site plan], drax~ 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 tt~e Board and various advisory boards such as tile Environmental Ad','iso~? Board (E~A_B), or CCPC]; · all existing and proposed structures and the dimensions thereof. · provisions for existing and/or proposed in,ess and e~ess (including pedestrian in~'ess and e~ess to the site and the structure(s) on site), all existing and/or proposed parking and loading areas [include matrix indicating required and provided parking and loading, including required parking for the disabled], · locations of solid waste (refusel containers and service function areas, · required yards, open space and prese~,e areas, · proposed locations for utilities (as well as location of existing utility ser',,'ices to the site), · proposed andY'or existing landscaping and buffering as may be required by the County, location of all si~ams and lighting including a narrative statement as to the t,vpe, character, and dimensions (such as height, area, etc.'); Development Code (L. DC). APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL LISE - 02/2000 An Enviromnental Impact Statement (ELS), as required by Section 3.8. of the Land s oNi 2 2002 NOTARIZED LETTER OF AUTHORIZATION FROM PETITIONER RE: Conditional Use Petition for the Proposed SDA Church Northeast, Located at the NW Corner of Lilac Road and Immokalee Road, Collier County, Flodda To Whom It May Concern: Please be advised that Hoover Planning & Dev., Inc., 3785 Airport Road North, Suite B-l, Naples, Florida 34105 and Keene Engineering, Inc., 1199 First Ave. South, Naples, Florida 34102 have been engaged by the petitioner/property owner shown below to act as authorized agents and to request necessary applications during the Conditional Use petition process and Site Development Plan process for the subject project. The petitioner/property owner shown below acknowledges that all information provided to their agents and to Collier County is true to the best of their knowledge. Sincerely, Signature Printed Name/Title STATE OF FLORIDA COUNTY OF COLLIER The. foregoing instrument was acknowledged before me this /'/ day ~.,~7~f~. ,2001 by ~.or../,,~' ,,~R',,~/" ~ '~ ~ w~o is/are personally known to me or have p[oduced ~ b~t v'~7'z~ ,,5 ~.,=--~/~ as identification and who did (did not) take an oath. of N~tary I~UDIIC I:(rinted Name My Commission Expires: SEAL 2002 RESOLUTION NO. 02- A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF CHURCH ANT) CHILD CARE CENTER CONDITIONAL USES 7 ANT) 11 RESPECTIVELY IN THE "A-MHO" RURAL AGRICULTURAL ZONING DISTRICT PURSUANT TO SECTION 2.2.2.3 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE ON PROPERTY LOCATED IN SECTION 23 ,TOWNSHIP 47 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the po~ver to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses: and WI-IEREAS, the Collier County Planning Commission, being the duly appointed and constituted planning board for the area hereby affected, has held a public heanng after notice as in said regulations made and provided, and has considered the advisability of conditional uses "7" and "I 1" respectively of Section 2.2.2.3. in an "A-~MHO" Rural Agricultural Zone with Mobile Home Overlay for a church and a childcare center, on the property hereinafter described, and has found as a matter of fact (Exhibit "A") that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 2.7.4.4 of the Land Development Code for the Collier County Planning Commission; and x3,q-IEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considc'red all matters presented. NOW, THEREFORE, BE IT RESOLVED, BY the Board of Zoning Appeals of Collier County, Florida that: The petition filed by Hoover Planning and Development, Incorporated, representing the NE Naples Seventh Day Adventist Church with respect to the property hereinafter described as: Exhibit "B" which is attached hereto and incorporated by reference herein. be and the same is hereby approved for Conditional Uses "7" and "11" pursuant to Section 2.2.2.3 of the "A-MHO" Rural Agricultural Zoning District with Mobile Home Overlay for a 2 6 2002 church and childcare center in accordance with the Conceptual Master Plan (Exhibit "C") and subject to the following conditions: Exhibit "D" which is attached hereto and incorporated by reference herein. BE IT FLTRTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this day of ,2002. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF ZONING APPEALS COLLIER COU~'NTY, FLORIDA JAMES N. COLETTA. CHAIKMAN Approved as to Form and Legal Sufficiency: *lauorie M. Student .Assistant County Attorney -.AR- 1420 RB Jo MAR 2 5 2002 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2001-AR-1420 The roilowing facts are found: I. Section 2.2.3. of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: Consistency with the Land Development Code and Growth Management Plan: Yes "' No In,ess and egress to property and proposed structures thereon with particular reference to automotive and pedestrian saree' and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingess & egress Yes / No__ Affects neighboring properties in relation to noise, glare, economic or odor effects: __ No affect or , Affect mitigated by __ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes ,~- No Basc.~: .3n the above findings, this conditional use shou..gkl; with stipulations, (copy attached) (sho:_:id not) be recommended for approval MEMBER: EXHIBIT "A" MAR 2 6 2002 LEGAL DESCRIPTION Northeazt 'A of the Southeast ¼ of' the Southeast ¼ less and' except the East and South 30 f~t thereof rese,"vcd for road purposes and the East ~ of the Southeast ¼ of the Southe~.st ¼ of the Southea~; '/, less and except the North and East and South 30 feet thereof reserved for road purposes of Sect/on 23, Township 47 South, Range 27 East, of the Public Records of Collier County, Florida. CU-200t-AR-I~20 EXHIBIT "B" ~AR 2 6 2002 I I I d Z: ! I I I .AY AOVEhTIST Ci'l~. I ~ CU-2001-AR-1420 EXHIBIT "C" CONDITIONS OF APPROVAL CU-2001-AR-1420 This approval is conditioned upon the following stipulations: The Current Planning Manager may approve minor changes in the location, siting, or height of buildings, structures, and improvements authorized by the conditional use. Expansion of the uses identified and approved within this conditional use application, or major changes to the site plan submitted as part of this application, shall require the submittal of a new conditional use application, and shall comply with all applicable County ordinances in effect at the time of submittal, including Division 3.3, Site Development Plan Review and Approval, of the Collier County Land Development Code, Ordinance (91-102). Lilac Lane shall be paved from Immokalee Road to the project's driveway entrance. All road improvements must take place prior to the issuance of the first certificate of occupancy for this project. Construction of phases II and III shall not commence until the time that Immokalee Road is four laned to Everglades Boulevard. Phase I includes an 18,000 square foot church building (300 seats) and all outdoor recreational amenities. Phase II includes an 18,000 square foot expansion to the church with a total of 500 seats. And Phase III includes a 2,400 square foot childcare center. The property owner shall dedicate at no cost to Collier County the right-of-way needed for the widening of Immokalee Road in lieu of constructing turn lanes. The County shall construct the turn lanes when needed. The petitioner shall have a Sheriff's Deputy direct traffic at the intersection of Immokalee Road and Lilac Lane just prior to and after church services. Fifteen (15) percent of the existing native vegetation on-site shall be retained as required in Section 3.9.5.5.4 of the Land Development Code. The applicant shall provide a 15' wide landscape buffer along the southern property line adjacent to Immokalee Road prior to the issuance of the first certificate of occupancy. The childcare facility shall be located along the western property setback line on the subject site. EXHIBIT "D" MAR 2 6 2002 EXECUTIVE SUMMARY CU-2001-AR-1414, KATHY MORGAN, OF LAND DEVELOPMENT CONSULTANTS, REPRESENTING THE CHURCH OF JESUS CHRIST OF LATTER DAY SAINTS, REQUESTING CONDITIONAL USE "2" OF TIlE RSF-3 ZONING DISTRICT FOR A CHURCH FOR PROPERTY LOCATED IN SECTION 32, TOWNSHIP 46 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 5 ACRES. OBJECTIVE: That the community's interest is maintained in a petition for a Conditional Use for a church. CONSIDERATIONS: The Petitioner requests Conditional Use "2" of the RSF-3 zoning district for a church. The parcel that is the subject of this petition is within two zoning districts (C-1 and RSF-3). The portion of the parcel that is zoned C-1 permits a church and is not the subject of this petition. The remainder of this property is zoned RSF-3 and requires a Conditional Use for a church. The subject property is designated Commercial (Neighborhood Center District) on the Immokalee Future Land Use Map. The Immokalee Area Master Plan states, in part, the purpose of Neighborhood Centers is "to provide for centers of activity that serve the needs of the surrounding neighborhoods." Churches are allowed in Neighborhood Centers. The church will be located on SR 29, a major arterial road. Because of this, the petitioner may be required to submit a Traffic Impact Statement at the time of Site Development Plan submittal. Analysis of the TIS may result in a requirement for turn lanes. Since SR 29 is a state road, an FDOT pemfit is required. A six-foot wide sidewalk along SR 29, which links to the church, is required to be built to increase pedestrian safety. FISCAL IMPACT: Approval of this Conditional Use by and of itself will have no fiscal impact on Collier County. Hoxvever, 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 may be applicable to this project: · Fire Impact Fee: $ 5,100.00 · Road Impact Fee: $22,151.00 · Correctional Facility: $ 1,989.00 · EMS Impact Fee: $ 731.00 The total amount of impact fees for a 17,000 square foot church is $29,971.00. It should be noted that because impact fees vary by type of development, and because this approval does not provide this level of specificity as to the actual size and type of use, the total impact fees quoted above are at best raw estimates. Other fees will include building pennit review fees. Building permit fees have traditionally offset the cost of administering the Community Development review process. GROVqTH MANAGEMENT IMPACT: The subject properly is designated Commercial (Neighborhood Center District) on the Immokalee Future Land Use Map. The L&VIP states, in part, the purpose of Neighborhood Centers is "to provide for centers of activity that serve the needs of the surrounding neighborhoods." Churches are allowed in Neighborhood Centers. Based upon the above analysis, staff concludes the proposed use for the subject site may be deemed consistent with the Future Land Use Element. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is not located within an Area of Historical and Archaeological Probability as referenced on the official Collier County Probability Map. Therefore, no survey or Waiver of Historic and Archaeological Survey & Assessment is required. 7 EAC RECOMMENDATION: The Environmental Advisory Council did not hear this petition because the site was previously cleared and because a church presents few potential environmental impacts. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission heard this petition on FebruaD' 21, 2002. The Commissioners heard presentations by Staff and the petitioner and, by a vote of 5 to 0. forwarded the petition to the BZA with a recommendation of approval. PLANNING SERVICES STAFF RECOMMENDATION: Staff recommended that the Collier County Planning Commission recommend approval of petition CU-2001-AR-1414 to the Board of Zoning Appeals subject to the following stipulations: 1. A sidevcalk, six feet in width, along SR 29, from the north property line to the south property line, shall be depicted on the Site Development Plan. 2. Prior to approval of the Site Development Plan, the petitioner shall submit a Traffic Impact Statement to the Planning Services Director. 3. Prior to approval of the Site Development Plan, the petitioner shall submit a copy of the Florida Department of Transportation Right-of-Way Permit to the Planning Services Director. 4. A parcel, 0.82 acres in size, shall be depicted on the Site Development Plan as preserve area. Preserve area calculations shall be provided on the Site Development Plan. 5. The petitioner shall depict all landscape buffers and other required landscaping on the Site Development Plan in accordance with Land Development Code Division 2.4. 6. Prior to approval of the Site Development Plan, the petitioner shall submit the following: stormwater calculations signed and Sealed by a Florida professional engineer, legal proof that the adjacent property owner to the west will allow stormwater discharge from the proposed project onto his/her property, evidence that the maximum allowable discharge rates shall be per Ordinance 90-10 (as amended), and a copy of the South Florida Water Management District permit, permit modification or waiver. PREPARED BY: FRE~ISCHL, AICP P~IPAL PLANNER DATE REVIEV~;ED BY: N MURRAY, AICP DATE CURRENT PLANNING MANAGER & INTERIM PLAN~glNG SERVICES DIRECTOR APPROVED BY: JOSEPH K. sc'H'MITT DATE COMMUNITY DEVELOPMENT & ENVIRON~WiENTAL SERVICES ADMINISTRATOR executive s ummary/CU-2001 -A R-1414 4 AGENDA ITEM 8-1t -) MEMORANDUM TO: FROM: DATE: SUBJECT: COLLIER COUNTY PLANNING COMMISSION PLANNING SERVICES DEPARTMENT COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION JANUARY 31, 2002 CUo2001 -AR- 1414 PROPERTY OWNER/AGENT: OWNER: E.L. Johnson, Jr. Trust 2004 Johnson Road Immokalee, FL 34142 CONTRACT PURCHASER: The Church of Jesus Christ of Latter-day Saints 13254 Summerton Drive Orlando, FL 32824 AGENT: Kathy Morgan Land Development Consultant 6747 Plantation Manor Loop Fort Myers, FL 33912 REQUESTED ACTION: The Petitioner requests Conditional Use "2" of the RSF-3 zoning district for a church. LOCATION: The subject parcel is located on the west side of State Road 29, approximately 1600 feet north of Lake Trafford Road, in Immokalee. The site consists of approximately 16.75 acres. The area of the site that will be occupied by the church is approximately 5.96 acres. AC~i)A MAR 2 § 2002 IAR 2 6 ! DESCRIPTION OF PROJECT: The petitioner seeks a Conditional Use for a church with customary accessory uses on the subject property. The parcel is partially within the RSF-3 (Residential Single-family) district and partially within the C-1-SR29COSD (Commercial Professional District within the SR-29 Commercial Overlay Subdistrict) district. Churches are permitted as Conditional Uses within the RSF-3 district and are permitted as of right in the C-1 district. The SR-29 Commercial Overlay Subdistrict requires the church to comply with the standards of LDC Section 2.2.28.3 at the time of the Site Development Plan submittal. SURROUNDING LAND USE & ZONING: SUBJECT: Undeveloped land; zoned RSF-3 and C-1- SR29COSD SURROUNDING: North: East: South: West: Single-family house; zoned RSF-3 SR 29 ROW, across which is a commercial building; zoned C-l- SR29COSD Commercial building; zoned C-3- SR29COSD Undeveloped land; zoned RSF-3 (the remainder of the petitioner's property) GROWTH MANAGEMENT PLAN CONSISTENCY: The subject property is designated Commercial (Neighborhood Center District) on the Immokalee Future Land Use Map. The IAMP states, in part, the purpose of Neighborhood Centers is "to provide for centers of activity that serve the needs of the surrounding neighborhoods." Churches are allowed in Neighborhood Centers. Based upon the above analysis, staff concludes the proposed use for the subject site may be deemed consistent with the Future Land Use Element. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff analysis indicates that the petitioner's property in located outside an area of historical and archaeological probability, as referenced on the official Collier. County Probability Map. Therefore, no Historical/Archaeological Survey and [ required. [ '~._ ,~ !. __.~:~.. I ~;..., TRANSPORTATION, INFRASTRUCTURE & ENVIRONMENTAL EVALUATION: The proposed impact of a church on transportation, infrastructure, and the environment was reviewed by the applicable reviewing agencies and their comments have been incorporated into this Staff Report. STAFF ANALYSIS: Before any Conditional Use shall be recommended to the Board of Zoning Appeals, the Planning Commission shall make a finding that the granting of the Conditional Use will not adversely affect the public interest and that the specific requirements governing the individual Conditional Use, if any, have been met by the Petitioner and that satisfactory provision and arrangement have been made concerning the following matters, where applicable: Consistency with the Land Development Code and the Growth Management Plan. Since a church is recognized as a Conditional Use of land in residentially designated areas, this Conditional Use request has been determined to be consistent with the Future Land Use Element of the Growth Management Plan. Consistency with the Land Development Code will be determined at the time of Site Development Plan review. Ingress and egress to the property and proposed structures thereon, with particular reference to automotive and pedestrian safety, and convenience, traffic flow and control, and access in case of fire or catastrophe. The church will be located on SR 29, a major arterial road. Because of this, the petitioner may be required to submit a Traffic Impact Statement at the time of Site Development Plan submittal. Analysis of the TIS may result in a requirement for turn lanes. Since SR 29 is a state road, an FDOT permit is required. A six-foot wide sidewalk along SR 29, which links to the church, is required to be built to increase pedestrian safety. The church will have fire-access around the entire building. MAR 2 6 2002 The effect the Conditional Use would have on neighboring properties in relation to noise, glare, economic or odor effects. A church is generally utilized by the congregation on Sunday and usually one other day per week. In addition, churches may be used by outside groups, such as Boy Scouts and Gift Scouts. This may create the noise of the congregation arriving and leaving. However, the majority of the site is zoned C-1 and can accommodate a church without a Conditional Use. No glare, odors or economic effects are anticipated from the proposed church. 4. Compatibility with adjacent properties and other property in the district. Surrounding properties are commercial and residential (including the remainder of the subject property). Building setbacks and landscape buffers are required to ameliorate any effects the church would have on its neighbors, therefore ensuring the compatibility of the properties. EAC RECOMMENDATION: Since the site was previously cleared, an Environmental Impact Statement was not required. Because an EIS was not required, the petition was not heard by the Environmental Advisory Council. PLANNING SERVICES STAFF RECOMMENDATION: Staff recommends that the Collier County Planning Commission recommend approval of Petition CU-2001-AR-1414 to the Board of Zoning Appeals, subject to the stipulations in the Resolution. 4 PREPARED BY: F~EISCHL, AICP PRINC~AL PLANNER /. 3/. o~,n. DATE REVIEWED BY: Y, AICP CURRENT PLANNING MANAGER · KUCK, PE- ~A,G/'~0 INTERIM PLANNING SERVICES DIRECTOR DATE DATE APPROVED BY: [ C/SMMUN1TY DEVELOPMENT & ENVmONMENTAL SERVICES [.,/ADMINISTRATOR Petition Number: CU-2001 -AR-1414 Collier County Planning Commission: KENNETH L. ABERNATHY, ~,IAN 2002 II ADOIT~ON 12.728 S.F CHURCH TYPE v CONSTRUCTION HEIGHT < 35 FEET FIRE SPRINKLED F ?.EL. = ..~7.00 c~ 00.~5'4 ~-,r 370..12'(M) · ~70 5~ '(~.) S 00'49' 0 0 FL BO0~: NAR 2 6 2002 CU-2001-AR-1414 PROJECT #2001080025 DATE: 9/5,/01 FRED REISCHL APPLICATION FOR PUBLIC HEARING FOR: CONDITIONAL USE Petition No.: Commission District: Date Petition Received: Planner Assigned: ABOVE TO BE COMPLETED BY STAFF General Information Name of Applicant(s) Applicant's Mailing Address : Orlando Ciry~ Applicant's Telephone # (407) Name of Agent Kathy l~rgan Agent's Mailing Address 6747 The Church of Jesus Christ of Latter-day Saints 13254 SLamo__rton Drive State 850-5074 Florida Zip 32824-5505 Fax# (407) 750-5081 Finn Land DeveloF~-nt Consultant Plantation Manor Loop City Fort: 1Wers State Agent's Telephone # (941) 368-3377 Agent's E-Mail Address: Florida Zip 33912 Fax # (941) 369-2141 kmlanddev@ aol. ccm COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE - NAPLES, FL 34104 PHONE (941) 403-2400/FAX (941) 643-6968 APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 02/2000. MAR 2 E 2002 Complete the following for all Association(s) affiliated with this petition. sheets if necessary) None (Provide additional Name of Homeowner Association: Mailing Address City State __ Zip Name of Homeowner Association: Mailing Address City State ~ Zip Name of Homeowner Association: Mailing Address City State ~ Zip Name of Master Association: Mailing Address City State __ Zip Name of Civic Association: Mailing Address City State ~ Zip o Disclosure of Interest Information: If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownershiP interest as well as the percentage of such interest. (Use additional sheets if necessary). Name and Address Percentage of Ownership APPLICATION FOR PUBLIC HEARIING FOR CoNDmON~L USE - 02/2000 FA(31:3 OF 16 If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Name, 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 Ina L. Johnson 100% If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners. Name and Address Percentage of Ownership If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholdc'rs, beneficiaries, or partners. P~centage of Own~rshi Name and Address The Church of Jesus Christ of Latter-Day Sa5 nts ] 00~ APPLICATION FOR PUBLIC HEAR.ING FOR CONDITIONAL USE - 02/2000 MAR 2 6 2002 PAGE 4 OF 16 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 In~ L. Johnson Co_ q~m~.q~= 2000 J~hn.qmn Rc'mc~: Trnw~k~l~; _gT_. 34142 Douglas L. Johnson Co. Trustee 2000 Johnson RDad, Irnnokalee,. e~ 34142 Date subject property acquired ( ) leased ( ):. Term of lease If, Petitioner has option to buy, indicate date of option: terminates: , or anticipated closing date yr./mos. and date option Should any changes of ownership or changes in contracts for purchase subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. Detailed ieeal description of the prooertw covered by the application: (If space is inadequate, attach on separate page.) If request involves change to more than one zoning district, include separate legal description for property involved in each district. 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. Section: 32 Township: 46 Range: 29 Lot: -- Block: -- Subdivision: -- Plat Book -- Page#: -- Property I.D.#: 00073480000 Description of Ent5 re Parcel Metes & Bounds Description: 32 46 59 ~ SE 1/4 CORNER OF NE 1/4 OF NE 1/4, W 100 5T TO W R/W TO POB, N 370.56 Pr, W 295 Pr, N 295 FT, W 933.04 Pr, S 665 Pr, E 1227' TO POB o See Attached Legal for CoDctitional Use Area Size of property; -- ft. X -- ft. = Total Sq. Ft. -- Acres Cc~tiona~ Use Area Address/~eneral location of subiect orooerrv.' _ On SR 29, approximately 1,600' north of Take Trafford Rc~d 16.75± Total Parcel 5.00± Acres APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 02/2000 PAG Adiacent zonin£ and land use: Zoning N RSF-3 S C-3 SR 29 E W RSF-3 Land use Vacant Existing Cumo_rcial Road Right of way Portion of Vacant '(Parent Parcel) Does property owner own contiguous property to the subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). N/A Section: Township: Range: Lot: Block: Subdivision: Plat Book__ Page #: Property I.D.#: Metes & Bounds Description: / o Type of Conditional Use..' This applicatj.gn is requesting conditional use # the d -~ / district for cr~E o~ USE) Present Use of the Property: /~ of o Evaluation Criteria: Provide a narrative statement describing this request for conditional use. NOTE: Pursuant to Section 2.7.4. of the Collier County Land Development Code, staff's recommendation to the Planning Commission and the Planning Commission's recommendation to the Board of Zoning Appeals shall be based upon a finding that the bee~.,, et, and granting of the conditional use will not adversely affect the pubhc intere~ specific requirements governing the individual conditional use, if any, have that further, satisfactory provision and arrangement have been made following matters, where applicable. Please provide detailed response APPLICATION FOR PUBLIC HEARING FOR CONDITIONAl, USE - 02/2000 oncermng ~ criterion lis~ed bel'ow. Specify how and why the request is consistent with each. (Attach additional pages as may be necessary). Describe how the project is consistent with the Collier County Land Development Code and Growth Management Plan (include information on how the request is consistent with the applicable section or portions of the future land use element): The proporL~ is loc. at. od Jan the Urban T.and USe C. atogory. The proposed use i~ for a church for the Church of Jesus Christ of Latter-Day saints bo Describe the existing or planned means of ingress and egress to the property and proposed structure thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: The property_ will hav~ A sidewalk wi] ] be provided frcm the church to SR 29. The Church will have a parking lot surroundSng the structure for fire access. Describe the effect the conditional use will have on neighboring properties in relation to noise, glare, economic impact and odor: The Church will not have any adverse impacts On the surrounding properties. Describe the site's and the proposed use's compatibility with adjacent properties and other properties in the district: The proposed use for the property is a Church. To the south is a furniture request. store and to the north is a ~ingle family residence and behind it is vacant. Please provide any additional informafon which you may feel is relevant to this APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 02/2000 A~A ITE~ 2 [ 200 %.GE 7 OF 16 / ~, 10. 11. Deed Restrictions; The County is legally precluded fi.om 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 sub|ect 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? No Additional Submittal requirements: In addition to this completed application, the following must be submitted in order for your application to be deemed sufficient, unless otherwise waived during the preapplication meeting. b o A copy of the pre-application meeting notes; Sixteen (16) copies of a 24" x 36" conceptual site plan [and one reduced 8%" x 11" copy of site plan], drawn to a maximum scale of 1 inch equals 400 feet, depicting the following [Additional copies of the plan may be requested upon completion of staff evaluation for distribution to the Board and various advisory boards such as the Environmental Advisory Board (EAB), or CCPC]; · all existing and proposed structures and the dimensions thereof, · provisions for existing and/or proposed ingress and egress (including pedestrian ingress and egress to the site and the structure(s) on site), · all existing and/or proposed parking and loading areas [include matrix indicating required and provided parking and loading, including required parking for the disabled], · locations of solid waste (refuse) containers and service function areas, · required yards, open space and preserve areas, · proposed locations for utilities (as well as location of existing utility serVices to the site), · proposed and/or existing landscaping and buffering as may be required by the County, location of all signs and lighting including a narrative statement as to the type, character, and dimensions (such as height, area, etc.); An Environmental Impact Statement (EIS), as required by Section Development Code CLDC). APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE- 02/2000 ~AGE 8 OF 1.6. d. Whether or not an EIS 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. e. Statement of utility provisions (with all required attachments and sketches); f. A Traffic Impact Statement (TIS), unless waived at the pre-application meeting; g. A historical and archeological survey or waiver application if property is located within an area of historical or archaeological probability (as identified at pre- application meeting); h. 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 HEARING FOR CONDITIONAL USE - 02/2000 Narrative Statement for Conditional Use for Church of Jesus Christ of Latter-Day Saints The Church of Jesus Christ of Latter-Day Saints is requesting a Conditional Use for a Church on approximately 5 acres located in Immokalee on SR 29. The Church is proposed to build 12,728 square foot church with a 4,300 possible addition. The Church is a volunteer congregation and does not have a paid ministry. The attendance for services is not expected to exceed 200 members. Services are held on Sundays from 9:00 am to 12:00 noon. The Church has small committee meetings on Tuesdays, usually at 7:00 pm. The Church will be provided with potable water service from Immokalee Water and Sewer District and will have a septic tank for sewer service. Approval of this use will not have any adverse impacts on the surrounding properties. MAR 2 6 2002 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 conditional use (and 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 conditional use (and rezone) requests. A minor TIS shall include the following: 1. Trip Generation: Annual Average Daily Traffic (at buildout) Peak Hour (A.ADT) Peak Season Daily Traffic Peak Hour (PSDT) 2. Trip Assignment: Within Radius of Development Influence (RDI) 3. Existing Traffic: Within AA.DT 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/egress 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 (GM:P), 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 3. 4. 5. Background Traffic Future Traffic Through Traffic Planned/Proposed Roadway Improvements APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 02/2000. ~A ITF_~ MAR ? 6 2002 6. Proposed Schedule (Phasing) of Development 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 (ITE) Trip Generation Report shall be used unless documentation by by the petitioner or the County justifies the use of alternative rates. Trip Assienment: 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. Existine 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. Radius of Development Influence (RDI): 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 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. 50,000 - 99, 999 Sq. Ft. 100,000 - 199, 999 Sq. Ft. 200,000 - 399, 999 Sq. Ft. 400,000 & up 2 Miles 3 Miles 4 Miles 5 Miles 5 Miles In describing the RDI the TIS shall provide the measurement in proposed project rather than a geometric radius. APPLICATION FOR PUBLIC HEARING FOR CONDmONAL USE - 02t2000 road miles from the NAR 2 6 200;" P^ctr~n ov ~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 (V'PI-I). Backeround Traffic: The effects of previously approved but undeveloped or partially developed projects which may affect major thoroughfares within the RDI of the proposed project shall be provided. This information shall be depicted on a map or, alternatively, in a listing of hose 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 County Land Development Code. This estimate shall be for the projected development areas within the projects RDI. A map or list of such lands with potential traffic impact calculations shall be provided. Throuth Traffic: At a minimum, increases in through traffic shall be addressed through the 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. 10. 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. 11. Pro]ect Phasine: 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/RIM 10/17/97 APPLICATION FOR PUBLIC HEARING FOR CoNDmONAL USE- 0~/2000 PAGE 12 OF 16 STATEMENT OF UTILITY PROVISIONS FOR CONDITIONAL USE REQUEST NAME OF APPLICANT: MAILING ADDRESS: 13254 Stat,t~ton Drive CITY Orlando, FL ADDRESS OF SUBJECT PROPERTY ~F AVAILABLE): The Church of Jesus Christ of Latter-Day Saints ZIP 32824-5505 Not Available 4. LEGAL DESCRIPTION: Section: 32 Township: Lot: -- Block: -- Plat Book -- Page#: -- Metes&Bounds Description: W 100 FT TOW R/W T C) POB, N 370,56 FT, W 295 FT, N 295 Fl?, W 933.04 665 FT, E 1227' TO POB -- See attached Legal for Conditional Use Area 46 Range: 29 Subdivision: -- Property I.D.#: 00073480000 Description of Entire Parcel 32 46 29 S(~4 SE 1/4 CORNER OFN~ 1/4 OF NE 1/4, S (GPD TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check applicable system): a. COUNTY UTILITY SYSTEM b. CITY UTILITY SYSTEM c. FRANCHISED UTILITY SYSTEM 'PROVIDE NAME PACKAGE TREATMENT PLANT de capacity) e. SEPTIC SYSTEM TYPE OF %VATER SERVICE TO BE PROVIDED: a. COUNTY UTILITY SYSTEM b. CITY UTILITY SYSTEM c. FRANCHISED UTILITY SYSTEM PROVIDE NAME In~kaq ee Water & Sewer District d. PRIVATE SYSTEM OVELL) APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 02/2000 PA 10. 11. 12. TOTAL pOPULATION TO BE SERVED: 1 ERC on Average PEAK AND AVERAGE DAILY DEMANDS: WATER-PEAK AVERAGE DAILY B. SEWER-PEAK AVERAGE DAILY IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED: N/A · 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 engineer. N/A 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 distribution 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 at the at time. This statement shall also include an agreement that the applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County. If applicable, the statement shall contain shall contain an agreement to dedicate the appropriate utility ,easements for serving the water and sewer systems. N/A STATEMENT OF AVAILABILITY CAPACITY FROM OTHER PROVIDERS: Unless waived or otherwise provided for at the pre-application meeting, if the project is to receive sewer or potable water services fi:om any provider other than the County, a statement fi:om that provider indicating that there is adequate capacity to serve the project shall be provided. See Attached availability frcra Inxn~kalee Water a Sewer District Utility Provision Statement ~ 10/17/97 APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 02/2000 AGENDA ITEM MAR 2 6 20O? ~AGE 14 OF 16 CONDITIONAL USE APPLICATION SUBMITTAL CHECKI,IST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET! REQUIREMENTS OF NOT COPIES REQUIRED REQUIRED 1. Completed Application 16' ~ 2. Copy of Deed(s) and list identifying Owner(s) and all 2* Partners if a Corporation c~~ 3. Completed Owner/Agent Affidavits, Notarized 2* j./- 4. Pre-application notes/minutes 15' ~ 5. Conceptual Site Plans 15' ~ 6. Environmental Impact Statement- (ELS) 4 ~ 7. Aerial Photograph - (with habitat areas identified) 5* c~~' 8. Completed Utility Provisions Statement (with required 4 attachments and sketches) ~ 9. Traffic Impact Statement- (TIS) 4 ~ ~ 10. Historical & Archaeological Survey or Waiver 4 ~ Application ,~ 11. Copies of State and/or Federal Permits ~.. :~c 4 ~ 12. Architectural Rendering of Proposed Structure(s), ~f" 4 ~ 13. Application Fee, Data Conversion Fee, Cheek shall be - made payable to Collier County Board of.,~ ~ ~ 14. Other Requirements- * Documents required for Long-Range Planning Review As the authorized agent/applicant for this petition, I attest that all of the reformation indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the d~g of this petition. APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 02~000 August 8, 2001 PAG 2002 Applicant/Agent Signature Date AFFID~ V'[T a~are the owners of ~e proper~ ~c~bed he,in and which is the ~bject ma~er of the pro~sed heanng; that aH the answers to the qu~tiom in this ap~ication, including the disclos~e of inter~t i~oma~on, aH s~tch~, data, ~d other supplem~ta~ ma~er attached to and made a pa~ of t~ application, are hon~t ~d ~ to the b~t of ~ ~owledge and beli~ und~stand that the infomation requited on this application m~t be complete and accurate and that the content of th~ fom, wheth~ computer gestated or Coun~ print~ shah not be altered. Public hearings will not be ~en~ed ~l th~ application is deemed complete, and all required ir~o~ation k~en a'ubmi~. 7 ~i~d~e ~Prop~ ~ner Si~a~r, oZProp~ ~ne, ~ Ty~ed' br ~nted N~e Of ~n~ r~ed or Pnnted Name of ~n~ State of Florida County of Collier The foregoi~ instr'.urt~ent~rr_ . a a , t { ~ //was ~ck~wledged before. .me this 7 day of., ~, ~ i~nt~tion. (Si~amm of Nom~ Publ~ - State of gOOF., SllOM ~ (Print, I)O~, or Stamp Commissioned Name of Notary Public) /~F'.FLICAIIO/¢ FO~ ~IC I,I'F..ARIN~ FOR CONDITIOI'CaJ. T,~K 7 ~ PAGE I6 2 6 2002 p~. -~ 88/88/2881 13:35 941-G58-3634 IMMOK~LEE WATER PAGE 01 Immokalee Water & Sewer District 1020 Sanitation Road Immokalce, Florida 34142 (941) 658-3630 FAX (941) 658-3634 :;,:~:*~7,:^'^'%:~.~:;,:.:, ~*^[?,'~:'-' ×.~.v.,.,w.~ ..... . ...... .~ . . ~.*-'~'~'"~t~,.~,,~.~.~.'~' "~ ,~-~ .~' ' ~ ~ " ~ .. ~ ....... ~ _., DATE: March 29, 2001 COLLIER COUNTY OFFICE OF GROWTH MANAGEMENT 2800 N HORSESHOE DPd[VE NAPLES FL 33942 TO BE COMPLETED BY UTILITY PROVIDER other than Collier County Utilities ~ldics and Gcntlemen: This letter is ccrtilication that ~!/nmokalee Water & Sewer District, 1020 Sanitation Road. Irr~rnokal~, .FL 34142 has Ute following rerrmining' plant capacities and he. ruby allocat~ the foUowjng capacities to the property and turner(s) el'record noted below: T~ Plato. Potable Water _Treatment Pla. nj A. Remaining uncommitted capacity .63 MGD 1.5 MGD B. Availability of capacity ~VAILABLE AVAIL,a~. LE C. Service Availability * Legal description of the property_.' N 15 TH ST IMMOKA~ F.~ AVAILABLE FI.OPal)A, COLt.m~, cOUN2~ Dwellings/ Commercial Unit~a_,ot~ Ba, Ft Number oF: ~ .NEW FAq21LITY Owner(s) of Record: CHURCH OF JESUS CHRIST OF, LATTER DAY SAINTS * DEVELOPER/OWNER WILL BE RESPONSIBLE FOR BUILDING OUT TO IWSD MAIN LIltS Februa~j 12, 2002 28.90 ~, liT}{ :~"'"~' ...... D~'-IVE NAPLES, FL. 3a104 10N3. W~' _.~ : 'Ave an/ Church sould be built near or joing Propervy ~.o?~,sd .[.'or bu' i.~e~s or on a ilaine Hi~;h- way. Due to Children ~ ettinj hurt or killed by '2faf f lc. --cie against Building a Church Sineerely, 200? RESOLUTION NO. 02- A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF A CHURCH. CONDITIONAL USE "2" OF THE "RSF-3 ZONING DISTRICT PURSUANT TO SECTIONS 2.2.4.3. OF THE COLLIER COL~TY LAND DEVELOPMENT CODE, FOR PROPERTY LOCATED IN SECTION 32, TO~'2NSHIP 46 SOUTH, RANGE 29 EAST. COLLIER COL~TY. FLORDA, CONSISTING OF 5_~ ACRES. WHEREAS. the Legislature of the State of Florida in Chapter 67-1246, Lav,-s of Florida, and Chapter 125. Florida Statutes. has conferred on Collier County the power to establish, coordinate and entorce zoning and such business regulations as are necessao' lot the protection of the public; and WHEREAS. the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-1021 which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular <eo~aphic divisions of the County, among which is the granting of Conditional Uses: and \VHEREAS, the Collier County Planning Commission, being the duly appointed and constituted planning board for the area hereby altected, has held a public hearing atter notice as in said regulations n~ade and provided, and has considered the advisability of Conditional Use "2" of Section 2.2.4.3. of the RSF-3 Zone tot a cimrch on the property hereinafter described, and has found as a matter ol lact {Exhibit 'A") tl',at satisfactor5 provision and arrangement have been made concerning all applicable matters required bx said regulations and in accordance with Subsection 2.7.4.4 of the Land Development Code for the Collier Count> Plarmmg Commission: and WHEREAS. all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW. THEREFORE, BE IT RESOLVED BY the Board ot Zoning Appeals of Collier Count>'. Florida that: The petition filed by Kath> Morgan of Land Development Consultants, representing The Church o! Jesus Christ ot Latter-day Saints. with respect to the property hereinafter described as: Exhibit "B' which is attached hereto and incorporated by re~ference herein be and the same is hereby approx ed for Conditional Use "2" of Section 2.2.4.3 of the "RSF-Y' Zoning District for a church m accordance with the Conceptual Master Plan (Exhibit "C') and subject to the following conditions: Exhibit 'D" which is attached hereto and incorporated by reference herein. 2002 Board. BE IT FURTHER RESOLVED that this Resolution be recorded in tile minutes of this This Resolution adopted after motion, second and majority vote. Done this day of ,2002. ATTEST: D\VIGHT E. BROCK. Clerk BO,-MR.D OF ZONING .aPPEALS COLLIER COL.rNTY, FLORIDA JAMES N. COLETTA, CHAIRMAN Approved as to Form and Legal Sufficienc.,,: *lauorie M. Student Assistant Count:' Attorney 2002 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2001-AR-1414 The following facts are found: 1. Section 2.2.4.3.2 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes // No Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes ,,//' No Affects neighboring properties in relation to noise, glare, economic or odor effects: o/No affect or ~ Affect mitigated by __ Affect cannot be mitigated Compatibility with adjacent properties and other property in the district: Compatible use within district Yes ,,/" No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval to the BZA. Exhibit "A" DATE: 2002 Legal Description for Conditional Use Request The Church of Jesus Christ of Latter-Day Saints A PARCEL OF PROPERTY BEGINNING AT IRON STAKE AT THE INTERSECTION OF STATE ROAD 29 AND THE sOUTH CORNER OF GLIDDEN PROPERTY, SOUTH 00o53'41" EAST, A DISTANCE OF 370.56 FEET, THENCE SOUTH 89002'05'' WEST, A DISTANCE OF 700.00 FEET, THENCE NORTH 01°53'41" WEST, A DISTANCE OF 371.42, THENCE NORTH 89°06'19" EAST, A DISTANCE OF 700.00 FEET TO THE POINT OF BEGINNING. ALL LYING AND BEING IN THE NE 1/4 OF THE NE 1/4 OF SECTION 32, TOWNSHIP 46 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA. Exhibit "B" CU-2001--AR-1414 PROJECT #200108002~ DATE: 9/5/01 FKED REISCHL CU-2001-AR-1414 ~PHALT "1 4,500 S.F ADD~TION ~ 2,728 SF CHURCH TY=E V CONSTRUCTION HEIGHF < 35 FEET F~RE SPRIN~,:L E D FF.EL. = 37 O0 S OO'SJ'4; 'E 17.2 ' "' EXHIBIT "C" (page one of two) 2O02 CU-2001-AR-1414 AVENUE RSF-~ area of church area of Conditional Use EXHIBIT "C" (page 2) CU-2001-AR-1414 1. A sidewalk, six feet in width, along SR 29, from the north property line to the south properly line, shall be depicted on the Site Development Plan. 2. Prior to approval of the Site Development Plan, the petitioner shall submit a Traffic Impact Statement to the Planning Services Director. 3. Prior to approval of the Site Development Plan, the petitioner shall submit a copy of the Florida Department of Transportation Right-of-Way Permit to the Planning Services Director. 4. A parcel, 0.82 acres in size, shall be depicted on the Site Development Plan as preserve area. Preserve area calculations shall be provided on the Site Development Plan. 5. The petitioner shall depict all landscape buffers and other required landscaping on the Site Development Plan in accordance with Land Development Code Division 2.4. 6. Prior to approval of the Site Development Plan, the petitioner shall submit the following: stormwater calculations signed and sealed by a Florida professional engineer, legal proof that the adjacent property owner to the xvest will allow stormwater discharge from the proposed project onto his/her property, evidence that the maximum allowable discharge rates shall be per Ordinance 90-10 (as amended), and a copy of the South Florida Water Management District permit, permit modification or waiver. EXHIBIT "D" MAR 2 6 2007 EXECUTI~VE SUM MARY ACCEPTANCE OF SETTLEMENT IN THE CASE OF B.3. BOYER-SAVARD, ET AL, vs. COLLIER COUNTY, ET AL, CASE NO. 01-1082-CA, PENDZNG IN THE TWENT1~ETH 3UDICIAL CIRCUIT COURT, COLLIER COUNTY, FLORIDA, RELATING TO THE EXTENSION OF A BOAT DOCK. OB3ECTIVE: That the Board of County Commissioners of Collier County accept a proposed settlement in the matter of B..1. Boyer-Savard, et al v. Collier County, et al. CONSIDERATION: On November 2, 2000, the Collier County Planning Commission approved Petition A2000-03 for Boat Dock Extension BD-2000-20 for a forty-one foot extension of a dock facility. On February 13, 2001, Appellant/Petitioners (Residents not accepting the Planning Commission's approval) appealed to the Board of County Commissioners for a denial of the boat dock extension. The Board of County Commissioners denied the appeal, thus upholding the boat dock extension approval of the Collier County Planning Commission. On March 14, 2001, Appellant/Petitioners (hereinafter "Petitioners") filed a Petition for Writ of Certiorari, which was dismissed on March 20, 2001, because of legal technicalities. On April 12, 2001, an amended Complaint and Petition for Writ of Certiorari was filed against Collier County for denial of the appeal. The matter is pending in the Circuit Court. Petitioners are interested in reaching a settlement of this matter. Attached is the Memorandum of Settlement. As to the boat dock extension for the subject property, the parties agree to a twenty (20) foot boat dock extension beginning from the platted property line. As the actions Outlined in the Memorandum of Settlement constitute a resolution of the issues involving a boat dock extension approval issued by the Board of County Commissioners, the Memorandum of Settlement must be approved by the Commission at a duly advertised public hearing. At a public hearing on March 7, 2002, the Collier County Planning Commission approved the Memorandum of Settlement. The Current Planning Manager and the Office of the County Attorney are recommending that the above described Memorandum of Settlement be accepted and approved by the Board. · . ~ Executive Summary Page Two FISCAL IMPACT.'. Approval of the Memorandum of Settlement as such has no fiscal impact on the County. Settlement of this litigation results in no further litigation costs or expenses being incurred in this matter. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Collier County Board of County Commissioners approve Memorandum of Settlement. t Assistant County Attorney Date: Reviewed by: ,f', ~ ..'; ~' t'/ )'/~)~'"--'~ .. Susan Murray, AI~CP Current Planning Manager Date: Approved by: David C. Weigel County Attorney ].o/~eph Schmitt' ' Development Services Administrator / ~/ Date: Date: NAR 2 6 2002 MEMORANDUM OF SETTLEMENT CONTINGENT UPON BOARD OF COUNTY COMMISSIONERS APPROVAL AT AN ADVERTISED PUBLIC HEARING This Memorandum of Settlement (hereinafter referred to as "Memorandum") entered into as of this day of ,2002, by and between the following parties: B.J. SAVARD-BOYER, JOHN BOYER, ROY SCHAETZEL, ELEANOR STRASSE, hereinafter referred to as "Residents"; and COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida (and its planning commission, the Collier County Planning Commission), hereinafter referred to as the "County"; and JOHN AND OLGA IANDIMARINO, their successors, assigns, agents, affiliates and subsidiaries and any of its grantee(s) as to the property described on Exhibit "A" herein, all hereinafter collectively referred to as "Iandimarino". CATHERINE CAMPBELL, her successors, assigns, agents, affiliates and subsidiaries and any of its grantee(s) as to the property described on Exhibit "A" herein, all hereinafter collectively referred to as "Campbell". WHEREAS, Campbell is the owner in fee simple of the real property described on Exhibit "A", hereinafter referred to as the "subject property"); and WHEREAS, the Residents, the County and Iandimarino (as immediate prior owner of the subject property) are all parties to that certain litigation currently pending in the Circuit Court in and for Collier County, Florida in the Case #01-1082-CA, such action being referred to as the "Litigation"; and WHEREAS, all of the parties have negotiated in good faith in an attempt to obtain a resolution of the Litigation in a fashion that would recognize the desires of the various parties and obtain a resolution of the Litigation; and '---~i=e ! of 5 ~ 2002 ~ WHEREAS, the parties have resolved the outstanding issues outlined in the Litigation and have entered into this Memorandum to memorialize the agreements entered into among the parties during the mediation proceedings. WITNESSETH NOW THEREFORE, for and in consideration of the premises, the obligations, terms, conditions and covenants contained herein, the parties hereby agree as follows: The Parties will postpone all activities concerning the Litigation pending completion of the terms of this Memorandum. The Parties covenant and agree to the following as to a boat dock extension for the subject property: A twenty (20) foot boat dock extension beginning fi.om the platted property line, all as depicted and denoted on the attached Exhibit "B" attached hereto and made a part hereof. Campbell will not install, construct or operate the dock facility approved as part of BD-2000-20 and CCPC Resolution #2000-29. Upon approval of this Memorandum of Settlement by the Collier County Planning Commission and the Board of County Commissioners of the County the parties will file a stipulation for dismissal with prejudice of the Litigation. Upon dismissal of the Litigation, each party shall execute and deliver to each other party a general release from and against any claims, actions or liability in connection with the Litigation. o This Agreement is binding upon the heirs, successors and personal representatives, and assigns of the parties hereto, and any party acquiring any interest in the subject property. F:\US ERSXAPl:~BOYERLMemorandumofSettlement. wpd This Settlement Agreement is subject to approval by the Collier County Planning Commission at its next available meeting date and approval by the Board of County Commissioners of the County and will be considered at the next available County Commission meeting date, subject to any legal advertising requirements. However, nothing in this Settlement Agreement is intended to nor shall be interpreted to abrogate the County's police powers and authority. ~,~, Pag~.2 of 5 MAR 2 6 2002 8. Each of the parties shall bear their own attorneys fees and costs. 9. The terms of this Memorandum of Settlement may be enforced by appropriate proceedings in the State Court of appropriate jurisdiction in Collier County, Florida and each party in such proceedings shall bear their own costs, expenses and fees includ, ingA, ~ ////J-//but not ~limited io reasonable attorneys fees. Print Name: Print Name: Print lX~me: 53 ,J '3c~ fi'/~ r d- ~c.,,// er Title: JOHN BOYER Print Name:'C2 britt l~me: Print Name: .J o 'k,..- tt -o -- / Title: F:\USERSXAPPX~BOYERXMemorandumofSettlement-wpd Print Name: ROY SCHAETZEL Tide: Print Name: Print Name: ELEANOR Print Name: Title: Print Name: CAT.~ERINE C~4:P'B~LL Print Name: F:\USERS~APP~BOYERLMemorandumofSettlement.wpd ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: JAxMES N. COLETTA, Chairman Approved as to form and legal sufficiency: Marjo~e M. Student' Assistant County Attorney ATTEST: mmunity Development and Environmental Services COLLIER COUNTY PLANNING COMMISSION COLLIER COUNTY, FLORIDA By: KENNETH L. ABERNATHY, ~nairman P..ag~ 5 of 5 ~. cOOZ LEGAL DESCRIPTION lot g, Block ~, Connor's Vanderbiit Beach Estates Unit 2. as described in Plat Book 3, Page 17, of the Public Records of Collier County, Florida. EXHIBIT "Au ~ ~AR ? 6 2002 RIPARIAN LINE RIPARIAN LINE i I I PROPERTY LINE PLATTE~ SEA~/ALL LINE: I I .:;.."'. i · .., :.:..'.'~:' · · o · .... :??;..?::.'-.'. >. :... :?.:.:.. ANGRI3VES"'?"'"/'~ i":' '"~' ">' :,..:'. ....... ~.'.-. ~.'.:... ,. ~' .' - '"' Ii-..'-.;D 0 CK ':' '": EXECUTIVE SUMMARY PETITION PUDZ-02-AR-1978, REQUESTING A REZONE FROM "RSF-3" RESDENTIAL SINGLE FAMILY TO "PUD" PLANNED UNIT DEVELOPMENT TO BE KNOWN AS THE HENDERSON CREEK PUD, ALLOWING 500 RESIDENTIAL DWELLINGS UNITS; AND REQUESTING AN AFFORDABLE HOUSING DENSITY BONUS AGREEMENT, REQUESTED BY GATEWAY SHOPPES, LLC, REPRESENTED BY RICHARD YOVANOVICH OF GOODLETTE, COLEMAN & JOHNSON, AND WAYNE ARNOLD OF Q. GRADY MINOR AND ASSOCIATES, ALL FOR PROPERTY LOCATED ON THE SOUTH SIDE OF THE TAMIAMI TRAIL (U.S. 41) AND APPROXLMATELY 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 allowing for 500 affordable housing dwelling units, and to consider an affordable housing density bonus agreement, both requests are consistent with all the applicable codes and regulations in order to ensure that the community's interests are maintained. 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 dxvelling units will be developed as affordable housing units. These residential units shall be developed xvith a unified architectural theme and will be 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. The petitioner held a Public Information Meeting as required by the Land Development Code on December 3, 2001 in order to explain the specific aspects of the proposed residential development to property owners within 500 feet of the subject site. No specific development agreements resulted from this meeting. In addition, this petition was distributed to the required County review agencies for analysis and was found consistent with all applicable Codes and ordinances. Staff also reviewed this project for consistency with the existing and proposed developments within the project area. The proposed development standards and are generally consistent with the standards for cluster housing and multi-family dwelling types. The maximum height is 35-feet not to exceed 2-stories while the multii family setbacks provide for a minimum of 20-feet in the front, 15-feet for the rear yard and 12-feet for the side yards. Based on an analysis of the surrounding land uses, staff is of the opinion that the proposed rezone is compatible with the adjacent properties. Furthermore, the application of the PUD architectural theme and landscaping requirements should remove any perception that there are any incompatibilities in dwelling types with adjacent land areas. MAR 2 6 2002 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 xvhere 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 front Collier Boulevard to Rattlesnake-Hammock Road is estimated to be 43,500 AADT (Annual Average Daily Traffic) which includes a background groxvth 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. The traffic volume 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. In addition, 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. The segment of Collier Boulevard front US 41 to Rattlesnake Hammock is projected to have a volume of 32,750 AADT including background and site traffic xvith 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~nent 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 pemtits 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 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 folloxving 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 2 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 autlxorized 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. Building permit fees and utility fees have traditionally offset the cost of administering the community development reviexv 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. Since the proposed density of 10.9 units per acre is less than the permitted density the site is eligible to receive as noted above, the proposed petition is consistent with the FLUE of the GMP. MAR 2 6 2002 pg.. ~ 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. By a vote of 4 to 3, the CCPC forwarded Petition PUDZ-02-AR-1978 to the Board of County Commissioners (BCC) with a recommendation of approval subject to staff stipulations that have been incorporated into the PUD document. The Planning Commissioners that recommended approval found that this petition is consistent with the Growth Management Plan (GMP) and is compatible with the surrounding development. The Planning Commissioners that recommended denial found that the project adversely impacted traffic flow and storm water management. It should be noted that approximately 8 persons spoke in opposition to the petition during the public hearing. Their primary concerns involved the increase traffic congestion, increasing strain on emergency services, flooding and the perceived clustering of low-income dwelling units in the area. Since three Planning Commissioners member recommended denial, this petition could not be placed on the summary agenda. PLANNING SERVICES STAFF RECOMMENDATION: Staff recommends approval of Petition PUDZ-02-AR-1978 subject to the approval of the Affordable Housing Agreement and the stipulations contained in the PUD document and as otherxvise described by the Ordinance of Adoption and Exhibits thereto. AGE~:~A tr~x 4 MAR !. PREPARED BY~ RAY ~ELLOWS, CHIEF CURI~NT PLANNING SECTION REVIEWED BY: ~USAN MU~Y, AICP, INTERhM ~CTOR / PLA~G SERVICES DEP~TMENT DATE APPROVED BY: / ..', ...~' ........... .~'"..& ./...~ JOSEPH:K. SCHMLTT ADMINISTRATOR COM-MUNITY DE~/. AND E~O~ENTAL SVCS. ~.>,t DATE PUDZ-t)2-AR-1978 'EX SUMMARY,'RVB/rb MAR 2 6 2002 MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DATE: 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 Plazza Indianapolis, Indiana 46250 Robert E. Smith & Gary L. Smith c/o Rodney Thralls Arvida 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, Toxvnship 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 dwellk,g units of which 100 percent of the units will be for the affordable housing units. ,tC,~NOT~ I .r~." .... MAR 2 6 2002 1 PUD NASTER PLAN 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, txvo-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 allow the folloxving: · A n~aximum of 500 dwelling units at a density of 10.9 units per acre. · Open space that includes xvater 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: West: 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 the subject property is located within the Urban Mixed Use - Urban Coastal Fringe Sub-district on the Future Land Use Map (FLUE) to the Growth Management Plan (GMP). A review of consistency relationships with elements of the GMP is as folloxvs: Future Land Use Element - 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 folloxvs: Base Density Traffic Congestion Area Affordable Housing Bonus 4 du/a -1 d~a +8 du/a Total Eligible Density 11 du/a. MAR 2 6 2002 Pg._ . 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 xvith the FLUE of the GMP. Transportation Element - Staff has reviewed the applicant's Traffic Impact Statement (TIS), evalualed the potential transportation impacts of the proposed application and has the folloxving 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 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 xvhich is significantly impacted by the proposed application. HiSTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. 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 2 6 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 Reviexv Staff has recommended approval subject to the native vegetation requirement to be satisfied xvith 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 xvas not required to go to the Environmental 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 overx'iew. /he listed criteria are specifically noted in Section 2.7.2.5 and Section 2.7.3.2.5 of the Land Development Code thus requiting 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, culminating 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 xvith 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 folloxvs: The subject .ire is sed PUD ~ currently undeveloped and is zoned RSF-3. Based on staff's analysis, the prop -~,g(t~/i~ project does not adversely impact any adopted level of service standard. ~o..._5) i~ - ! MAR262002 [ 4 ~ 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, xve have an expectation that the land will be used and developed for those residential land uses authorized xvithin 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 FLUE to the GMP. Relationship to Existing Land Uses: A discussion of this relationship concerns the compatibility xvith the adjacent properties to the north, south, east, and xvest. 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 the developed Graystone Trailer Park. The development standards for the MH zoning district are similar to these proposed development standards and are generally consistent xvith the standards for cluster housing. Therefore, staff is of the opinion that the proposed amendment is compatible with the adjacent properties. Furthermore, 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 recommends 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. &ELL~)~VS, CHIEF PLANNER CURRENT PLANNING SECTION .OZ.. DATE REVIEWED BY: /PLANNING SERVICES DEPARTMENT DATE APPROVED BY: /JO/;Een K. SC~MITT ADM4N~STRATOR MMLT~TY DEV. AND ENVIRONMENTAL SVCS. Staff Report for March 7, 2002 CCPC meeting. COLLIER COUNTY PLANNING COMMISSION: KENNETH L. ABERNATHY, r~HAIRMA RVB/rb/STAFF REPORT/AR-1987 MAR 2 6 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 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. 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 xvith County regulations. Any inadequacies that require supplementing the PUD document will be recommended to the BCC as conditions of approval by staff. Recommended mitigation measures xvill assure compliance xvith 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 dxvelling types, xvhich is consistent with the GIMP (See Staff report) ..... ~ Exhibit "A" MAR 2 6 2002 o 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 xvith 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 xvith the provisions of the Land Development Code. o 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 will 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. o The ability of the subject propert)., and of surrounding areas to accommodate expansion. 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. 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 from 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 MAR 2 6 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 shoxv 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 Groxvth Management Plan (GMP) should be considered a positive relationship. The proposed development is in compliance xvith 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) 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 xvith expected land uses by virtue of its consistency ~vith 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 proposed 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 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" HAR 2 6 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 xvill 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. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. Evaluation of this project took into account the requirement for consistency 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 xvas revie~ved 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 sFace. The subject development standards are designed to ensure that light penetration and circulation of air does not adversely affect adjacent areas. AGE(~A IT~.,h ,UAR 2 6 2OO2 2 " 10. 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, ho~vever 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. 11. 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 ~vith 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. 12. 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, 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 xvith the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; The subject property can be developed in accordance xvith the existing zoning, however to do so would deny this petitioner of the opportunity to maximize the development potential of the site as made possible by its consistency relationship xvith the Groxvth 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 with surrounding and approved pUD property in size and scale. It is also consistent with the Future Land Use Element of the Growth Management Plan. 3 HAR 2 6 2002 15. 16. 17. REZONE Whether is it impossible to find other adequate sites in the Count3' 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 ali 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 ,,viii be determined as a function of obtaining a Site Development Plan approval to execute the PUD's development strategy. The impact of derelopment on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier Count3' Growth Management Plan and as defined and implemented through the Collier County 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 with the GMP. The conditions of approval have been incorporated into the PUD document. Staff reviews for adequacy of public services and levels of service determined that required infrastructure meets xvith GMP established relationships. FINDINGS/02-AR- 1978/RVB/rb 4 2002 1 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 BELLOWS ABOVE TO BE COMPLETED BY STAFF General Infomation: Name of Applicant(s) Gateway Shoppes Associates~ LLC Applicant's Mailing Address Castle Kev Plaza~ 4525 East 82na Street City Indianapolis Applicant's Telephone # 317-849-6464 State Indiana Fax # 317-849-6584 Zip 46250 Name of Agent D. Wayne Arnold~ AICP Finn Q. Grady 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 State Florida Fax # 941-947-0375 City Naples Agent's Telephone # 941-435-3535 APPLICATION FOR PUBLIC HEARING FOR PUD REZONE- 10D8 Zip 34134 Firm Goodlette~ Coleman and Johnson Agent's Mailing Address 4001 Tamiar a Trail North~ Suite 300 State Florida Fax# 941-435-1218 PAGE COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE-NAPLES, FL 34104 PHONE (941) 403-2400/FAX (941) 643-6968 Complete the following for all Association(s) affiliated with this petition. (Provide additional sheets if necessa-D') Name of Homeowner Association: N/A Mailing Address City. State ~ Zip Name of Homeowner Association: Mailing Address City State ~ Zip Name of Homeowner Association: Mailing Address City State __ Zip Name of Master Association: N/A Mailing Address City State __ Zip Name of Civic Association: N/A Mailing Address City State __ Zip 2. Disclosure of Interest Information: ao 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 [ _ I N~AR 2 6 2002 PAGE 2 OF 16 bo If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Name and Address. and Office Percentage of Stock 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 partners. Name and Address Percentage of Ownership eo If there is a CONTRACT 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 Gateway Shoppes Associates~ LLC Robert Warstler William Schrage APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 10/98 Percentage of Ownership ~AR 2 B 2002 pg.l.>~,~' PAGE 3 OF 16 f. Date of Contract: If any contingency clause or contract terms involve additional individuals or officers, if a corporation, partnership, or trust. parties, list all Name and Address 0 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. 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 property 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 ar/se concerning the legal description, an engineer's certification or sealed sun, ey 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 1,100 ft. = Total Sq. Ft. Acres 45.8 Address/general location of subject orooertv: Approximately ¼ mile east of Collier Boulevard, located on the South Side of U.S. 41 (Tamiami Trail) East. APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 10/98 PAGE 4 OF 16 C 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 from 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. 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 Planing Commission, and the Planning Commission's recommendation to the Board of County a noted below. Commissioners shall be based upon consideration of the applicable criter Provide a narrative statement describing the rezone request with specific criteria noted below. Include any backup materials and documentation ir. request. APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 10/98 PAGE 5 OF 16 Narrative Henderson Creek PUD PUD Rezone Considerations (LDC Section 2.7.3.2.5) The suitability of the area for the 9'pe and pattern of development proposed itt relation to physical characteristics of th e [and, surrounding areas, traffic att d access, drainage, sewer, water, attd other utilities. The subject 45.8-acre site is located w4thin the urban area of Collier County and is suitable for development as a residential community. The property is currently zoned for single-family residential development and is proposed to be rezoned to PUD to permit a variety of housing unit types in support of a minimum of 200 units devoted to affordable housing. The site has direct access to U.S. 41 East and is located in an area of the County having urban services such as water and sewer. Other residential communities have been developed in the immediate vicinity on sites having similar physical characteristics. The supplemental rezoning application materials include an analysis of traffic and utilities. No issues have been identified that would make the site unsuitable for the proposed development. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Findings and recommendations of this O,pe shah be made only after consultation with the county attorney. The entire property is under the unified control of Gateway Shoppes Associates, LLC. The PUD document contains language regarding the unified control and ongoing maintenance of conunon areas and infrastructure. 3. Conformity of the proposed PUD with the goals, objectives and policies of the growth management plan. The property is located in the Urban Coastal Fringe District of the County's Future Land Use Element of the Future Land Use Map. This District permits residential development based on the density rating system. Under the density rating system, the project qualifies for a base density of three dwelling units per acre, plus an additional eight units per acre for affordable housing, for a total maximum density of eleven units per acre. The proposed residential density is 10.9 dwelling units per acre and is consistent with the Growth Management Plan. The Housing Element of the Growth Management Plan promotes an increase in affordable housing through policies 1.4 and 2.1, which contemplates the bonuses as an incentive to increase affordable housing and to provide :or h.q~., ing at locations with adequate infrastructure. The proposed Henderson t2 consistent with these policies. APPLICATION FOR PUBLIC HEARING FOR PUD REZONE- 10/98 PAGE 6 · eek PUD is MAR 7. 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 developtnent. The proposed residential project will have a minimum of 60% of the project area as open space. The site currently consists of uplands, degaded 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 ttEARING 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 equil application of such regulations.' MAR 2 PAGE The proposed PUD has incorporated development standards and commitments that meet the public purpose and fairly address the public health, safety and welfare standards. Deed Restrictions: The CounD' is legally precluded from enforcing deed restrictions, however, many' communities have adopted such restrictions. You may wish to contact the civic or properr3.' owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. 10. 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 hearing? Yes, consideration of Growth Management Plan Amendment, GMPA-2001- AR-1298. 11. Additional Submittal requirements: In addition to this completed application, the following shall be submitted in order for your application to be deemed sufficient, unless otherwise waived during the pre-application meeting. a. A cop,,,' 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 87=" x 11" copy of site plan], drav,'n 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 CEAB), 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), c. An architectural rendering of any proposed structures. APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 10/98 · proposed and/or existing landscaping and buffering as may be required by the County, MAR 2 PAGE 8 OF 16 C d. An Environmental Impact Statement (ELS), as required by Section 3.8. of the Land Development Code (LDC), or a request for waiver if appropriate. e. Whether or not an ElS is required, two copies of a recent aerial photograph, (t~en within the previous twelve months)i 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); cj. A Traffic Impact Statement (TIS), unless waived at the pre-application meeting; h. A historical and archeologicai survey or waiver application if property is located within an area of historical or archaeological probability (as identified at pre- application meeting); j.. 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 HEARING FOR PUD REZONE - 10/98 PAGE 9 OF 16 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 w/th regard to TIS submittals: MINOR TIS: Generally required for rezone requests for property less than 10 acres in size. although based on the intensiH' 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: 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 e~emal right-of-way) such as providing or eliminating an in,ess/egress 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 v,4th the applicable policies of the Traffic Circulation Element(TCE) of the Grov,~ 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. Background Traffic 3. Future Traffic Through Traffic APPLICATION FOR PUBLIC HEARENG FOR PUD REZONE - 10/98 Planne~/F-roposed Roadway Improvements [ Proposed Schedule (Phasing) of Development TRAFFIC IMPACT STATEMENT {TIS) STANDARD~:TM MAR 2 6 2002 PAGE 10OF16 The following standards shall be used in preparing a TIS for submittal in conjunction with a conditional use or rezone petition: 0 Trip Generation: Provide the total traffic ~enerated by the project for each link within the project's Radius of Development Influence ~RDI) in conformance with the acceptable traffic eneineefing principles. The rates published in the latest edition of the Institute of Transportation Engineers (1TE) Trip Generation Report shall be used unless documentation by the petitioner or the CourtLy justifies the use of alternative rates. Trip Assignment: Provide a map depicting the assignment to the network, of those trips ~enerated 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. 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. 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. Radius of Development Influence (RI)D: The TIS shall cover the least of the following two a ) an area as set forth below; or, b ) the area in which traffic assignments fi.om 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 APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 10/98 3 Miles 4 Miles 5 Miles 5 Miles In describing the RDI the TIS shall provide the measurement in road miles fi.om the proposed project rather than a geometric radius. Intersecfioa Analysis.'. An intersection analysis is required for all intersections within the · the eak-hour critical lane volume is projected to excee..d...1.,200 RDI where the sum of p '--"'""~A ~- Vehicles Per Hour (V H). p raffic' The effects of previously approved but undevelo ,d or r~ ,,a~rtiall¥__ t Back round T ..... . . develogped projects which may affect major thoroughfares within the RDI PAGE I OF 16 ge e 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 CounW Land Development Code. This estimate shall be Ibr the projected development areas within the projects RDI. A map or list of such lands with potential traffic impact calculations shall be provided. Through Traffic: At a mini. mm, increases in through traffic shall be addressed through the year 2015. The methodology used to derive the estimates shall be provided. It ma5' 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. Project 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;I~M 10/17/97 APPLICATION FOR PUBLIC HEARLNG FOR PUD REZONE, - 10/98 NAR 2 6 2002 Pg. PA~,~. 1") C~F IF; STATEMENT OF UTILITY PROVISIONS FOR PUD REZONE REQUEST NAME OF APPLICANT: Gatewav Shoppes Associates. LLC o MAILING ,ADDRESS: Castle Kev Plaza. 4525 East 82"'~ Street City Indianapolis State Indiana ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): Zip 46250 LEGAL DESCRIPTION: Township: 51 Section: 03 Lot: Plat Book Block: Page/4: Range: 26 Subdivision: Property I.D./4: Metes & Bounds Description: Attached TYPE OF SEWAGE DISPOSAL TO BE PROYTDED (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 b. CITY UTILITY SYSTEM c. FRANCHISED UTILITY SYSTEM PROVIDE NAME d. PRIVATE SYSTEM (WELL) TOTAL POPULATION TO BE SERVED: 500 Multi-family units APPI,ICATION FOR PUBLIC HEARING FOR PUD REZONE - 10/98 MAR 2 6 26n~2 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 PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED: January 2003. I0. 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 count,,,' 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 Utility Pro~ksion Statement IL/M 10/! 7/'97 APPLICATION FOR PUBLIC IIEARING FOR PUD REZONE - 10/98 MAR 2 6 2OO2 pg. PUD REZONE APPLICATION SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET! REQUIREMENTS # OF COPIES REQUIRED REQUIRED 1. Completed Application 15 ~ 2. Copy of Deed(s) and list identifying Owner(s) and all 1 4e Partners if a Corporation 3. Completed Owner/Agent Affidavit, Notarized 1 ~' 4. Pre-application notes/minutes 15 4e 5. Conceptual Site Plans 15 ~' 6. Environmental Impact Statement- (EIS) 4 ~' 7. Aerial Photograph - (with habitat areas identified) 4 ~' 8. Completed Utility Provisions Statement (with required 4 J' attachments and sketches) 9. Traffic Impact Statement- (TIS) 4 ~ 10. Historical & Archaeological Survey or Waiver 4 ~' Application 11. Copies of State and/or Federal Permits 4 d' 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 may result in the delay of processing this petition. Agent/App,~ Signature APPLICATION FOR PUBLIC HEARING FOR PUD REZONE- 10/98. January. 7, 2002 Date ~ MAR~ 2 15 2002 PUDZ-2002-AR-1978 PROJECT #2002010019 DATE: l/29/02 RAY BELLOWS LEGIt DES£RIP TION A PARCEL OF LAND LOCA TED /,V SECDON J. ?O~'VSHIP 5; SOUTH, RANGE 26 EAST. COLt/ER COUNF><. FLOR/DA. BEING /4ORE PARTICULARLY DESCRIBED AS FOLLOWS.- COAXMENCE AT THE SOUTHEAST CORNER OF SAID SEC170N THENCE RUN N 0075'22' E. ALONG THE EAST LINE OF SAID SECBON J. FOR A D/STANCE OF 1494.~2 FEET TO A POINT ON THE SOU~U-tERLY RIGHT-OF-WAY LINE OF U.~i 4I (TAM/AM/ 7~AIL). A 200 FOOT ~DE RIGHT-OF-WAY: THENCE RUN N 54'46'4J~ W, ALONG SAID SOUTHERLY RIGHT-OF-HZAY UNE. FOR A D/STANCE OF 966.30 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HERE/N DESCRIBED: THENCE CON17NUE N 54'46'4J' W. ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE. FOR A DISTANCE OF 600.00 FEET: THENCE RUN S J5?J?7' HZ FOR A D/STANCE OF 400.00 FEET: THENCE RUN N 54'45'4J' HZ FOR A DISTANCE OF I644.85 FEET: THENCE RUN S OODg'2J' HZ FOR A D/STANCE OF I584. 14 FEET: ~ENCE RUN S B950'J7' E FOR A D/STANCE OF 1802. 45 FEET TO A POINT ON ~E ~S~RL Y BOUNDARY L/NE OF ~E ~00 FO0/ ~DE DRAINAGE EASE~EN~ RECORDED IN ~E OF~C/AL RECORDS BOOK 76 ~ T P~GE 127 OF ~E PUBUC RECORDS OF COLLIER COUN[~ FLOR/DX, ~E SA~E BE/NC ~ POINT ON A CIRCULAR CUR~ CONCA~ TO ~E NOR~S~ ~OSE RADIUS POINT BEARS N 80'28'42' W FOR A D/STANCE OF 2, 7~.91 ~ET ~ERE~O~; ~ENCE RUN N~EAS~RL Y ALONG ~E ARC OF SAID CUR~ TO ~E ~F~ AND ~LONG ~E ~S~RL Y BOUNDARY LINE OF ~E ~00 FOOT ~DE DRAINAGE EASE~EN~ HA~NG A RADIUS OF 2.799.9~ EE~ ~ROUGH A GENIAL ANO~ OF 09'~'~7~ SUB~NDED BY A CHORD OF 47~29 ~ET AT A BEARING OF N 24'~0'24" ~ FOR AN ARC DISTANCE OF 47~84 FEET TO ~E ENO OF SAID CUR~' ~EN~ RUN N 19'49'43" ~ FOR A DISTANCE OF 203.10 FEET TO ~E POINT OF 8E~NNINO OF ~E PAR~L OF LAND HEREIN DESCRIBED, CONTAINING 45.823 ACRE~ ~ORE OR LESS. BEARINGS SHO',~ HEREON REFER TO THE EAST LINE OF SECBON J, TOW,~VSHIP 51 SOUTH, RANGE 26 EAST. COLLIER COUND~, FLORIDA. AS BEING N 00?5'22 THIS PROPERTY IS SUBJECT ?0 EASE. MENTS, RESERVA IIONS AND/OR RESTRICBONS OF RECORD. DA T~: ERIC K SANDOVAL STATE OF FZORIDA * NOT A SURVEY * Q' GRADY NOR AND ASSOCIATES, P.A CIVIL ENGINEERS · LAND SURVEYOR~ · PLANNEP~ ~'--PHONE : (941) 947-1144 .mAX: (94t) 9~?-0375 LEGAL HENDERSON CREEK-. SECTION 3. TOWNSHIP 5! SOUT} COLLIER COUNTY. Fl DATE: 12/01 j JOB CODR: SCPA DESCRIPTION ~E S127E NTIAL ~,~.~ L CURVE DATA CURVE DELTA RADIUS LENGTH TANGENT CHORD BEARING C1 9'41'47" 2799.91' 4.73.84' 237.4.9' 4.73.29' N 24'40'24" E LINE TABLE LINE I BEARING LENGTH L1 I N 19'49'4.3" E 203.10'_ -L2 S 35'13'17" W 400.00' POINT OF COMMENCEMENT soUTHEAST CC~NER S~CTION ~ 2 * NOT A SURVEY * -~ m GRADY ~OR AND ASSOCIATe, P.k 3800 I?ZA DEL BEY _ .... SH~E~': ~.OF 2 I SfCTION I: 3-51-26 SI~TCH I'0 ACCOMPANY I.~GAL DE$CrUP1'ION HENDERSON CREEK- ~ S~CTION 3, TOrr~tSHlP 5I SOUTH, CO~JJWR COUNTY, FLO , ~TE: t2/0~ CO.NTR.4CW FOR PURCHASE OF REAL ESTATE Rob, of. :-. x,x,"m~sti" w~.ose address is c/o Tok,ng and Wm-stler, 4525 East 82"e Street. ,' ......... '--:'- "'- . ,'.-6.,~-- ("Purch~er"), offe:~ to purchase from. India.naaoli.~, i;:,.iama -.,6z.~:.,, r-.,-~,:,~,,- ,,,~. (317) a ~- ~ ', the Mtt.qel M. Smith T:'~.'., c/o Rodney E. Thralls, A.~'ida Rea.iD' Services, 4651 Tamiami Iran North, Suite lC,,.., Naples. Florida 34103, Facsimile 'No. 941-263-0352 ("Vendor"), including ~I easements ;,..nc ,ights be.',.efiniag same, all improvemen:s located thereon, ar.d personal prope=~.,' appea:.,-it:ing thereto which arc owned by Vendor and whit?, ar= r ........ . installed or wE,ch belong to or are used in connection therewith, that certain rea! es.'.--.:-_' ::-':. :: :.£ ofapproxirr ate.Z, eighty-four (84) acres located in Collier County, Florida. c.':'" . ' ' "A" attached h~.:'eto and bf' reference made a part hereof (it being understood that a final toga, description for :amc shall be pm"t of the "Survey" as defined in paragraph 2.1 hereof) (the "Real Estate"), to ~e conveyed by a Statutory. Warrant>' Deed approved by Purchaser (the "D-- :" .... -' - to the following terms and conditions: Purchase Price. The purchase price for the Rea! Es:-." '"'~ shaJlbe ' ~ .... ':-: ...... takes pT_ce w/thin one (1) yea,- from the "Acceptance Date" as hereinafter defined, but if clo_= in,z aces not take place within such one ([) year period, the Purch-'7-.- ~- .... - ..... * !. 1 Payment on Closing. On closing this transaction, Purchaser shall pay · ~e Purchase Price, less the credits and prorations as her--ir, ..... hock drawn on a bank with offices in Naples, Florida or by bank ',','/re transfer of · zderal funds to arrive prior ~o 2:00 p.m. on the date of closing. 1.2 Default and Remedies. Purchaser shall have the '_''.-'"'. -.-"':~'. . ertbrn::.:,cc. Out il'specific performance is not available, Purchaser sb, a'.[ > an'~' ,-nd nil damages susmlned. The real e,tate t,~,:.~- ~::-'" > parag~ph 3 hereof and any amounts paid by Purchaser for any Extension Period · ursuant to paragraph 7 hereof shall be forfeited as liquidated damages, which shall :e Vendor's sole remedy at law or in equity, in the event that all coc,,.ilUc,:.s a:.- cquirem:nts of this Contract have been satisfied, or waived by Purchase,: z:-.f .'t,rchaser shall fei[ or refuse to perform its obligations herein ~pecified at closing. i.3 Acccotance Date. '['he date on whichthelastofPurchaseranc, ~ ¢,'~'---,- .o sign the offer containing all changes is hereinafter referred to as the "Acceptance )ate". · Conditions Precedent. Vendor's and Purchaser's obligations ,::;:.-; ...... resnecuvely, ar: cunditioncd upon the satisfaction of' each of the c?.-.~".57.-' .-=' ~'~.r'h in =aJao__:..,;:=hs 2.1 £~ough 2.7, respectively, herea~er (the "Conditions"). Purchaser shall have ~v_--h~itdred forty-five (545) davs following the Acceptance Date (the "Due Diligence Periocf / to conduct such inspections, tests and studies as Purchaser shall d~~~.--~ PROJECT #2002010019 DATE: 1/29/02 RAY BELLOWS ~ determine whether the .R.;z! Estate is suitable for Purchaser's intended usa. Fu.-:k-: .- · prior to the exoiration of the Due Diligence 'Period (which may be terminaxed by Puzchaser in w-iS. ti.r.g a: any ;,mO, r. oti~' 'v'endcr in wrkin=_ cf the saul:ac:'.'..' .... In the event purzhaser fai~s to no~i~' ',,'~ndor o,." ti:,- satis:~ztio.", of c?.:n of tv.e Penoc,"; Con~r2c: ¢:~.~11 be deemed to ~e · . ' ' ~, l'".. S p~or to the ~,:i~::-''--°r'- of th: Due Diligence terminated and shall be of no fur'&er force and effect, lne Condhic'r--~ _-.re 2.l _Su,--vev and Eneineerine Studies. Within ,SheW. (90) dr7-- ........... · set. at Purchaser's expense, shall c.'::::.-.: 7"' :" Acceptance Date:?u. rc,.ha. ;- °-andards ~.LTA (the "Sur,'ev") of the Rce~ b.s~-~= survey meet:nS the ~llrllmum o~ ,,4 '- ..... ;¢tered land surveyor acceptable to pu,,.aas,-~, c,;.,,, d a o . re ar-,-, oy ,= · s · t;c.'-. T_ 2. et.f-- ' P P ....... ~.,-,th Purchaser and Vendor, sho'aang the loca...,~- .,.,-... , . current [:4~= , , ,,_ ........ ~4 ~,~,a'ino all utilities ann c,u'.z-'.-.: - - riohts-ot-v,'aY lOCates me,gun ....... = - ' ' T~e legal description of the Real Estate shov,-n on the Survey z.'-.:~ description used in the Deed· The Su~'ey shall ce~!.r'?.' :ks: '"' - :" -' in zones B or C orX as established by the Federal Emerge.:.-, ...... .=- - National Flood Insurance Program. One-half (¥5) of the cost of the Su,wey s/~alt ge c4editcd againit the Purchase Price at closing. Within thi.~-.' /-,.ax ,, .... ,' .... A'cceptance Date, Vendor shall furnish Purchaser, without a,a.,,' exp~'nse to ~'urcnaser, with copies of documents co. ncem:gg,,al[,_t_t,~ ~ soil tests, whichEa'~- topoeraohical and wetlands stucties, an~ au omc- -. , ,., , = , been obtained by Vendor prior tn the Acceptanc~ Date, and p u:.O, aser, a: .- z.-::.." :~: 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 of the resuks ::' . ...... .. be satisfactor7 to Purchaser. Purchaser, at no expense to Vendor, s'.-.:.7 ;' Vendor with copies of any surveys, tests or studies ordered by Purch."-ser v..5 they are received by Purchaser. _- 7"o,- and Easements. Within ninety (90) days from the Acceotaqce 9 9 ltd- -~ ' · Date, purchaser, at purch,~er's expense, shall obtain a b:nd,.r for a,'-, 7..'_T :..' policy of title insurance (the "Title Binder") issued by a title company acc':-7:;"" Purchaser ("Title Company") in which Title Company shall agree. :: insure marketable title to the Real Estate (including any appurte:'.m-: .:27'-'?'...".:'.': - :~ for the full utilization thereo0, free and clear of all liens and encu:'.'-:::----.: ..... nature whatsoever for the full amount of the Purchase Price, after execution of the I.*-.--~. ---- ; -' Deed to Purchaser from Vendor. In the event there z.'~- of which would interfere with Purchaer's contemplated use .'.he .... '-"- '-"-~- ~: '- remit and/or apartment and/or assisted living development, Vendor, at Vendor's ootion, shall have a period ofthirty (30) days from the date of being so informed by P'urchaser to remove same. IfVendor does not remove same, purchaser --:'--25' at Purchaser's expcn~=, or Purcha=cr in the alternative may terminate this Contract. ., ·. viis. Vendor reoresents and warrants t?.,;: -:.-::; -7 ' 2..> _C.ontracts. A. ffida. _., _ t, ~.i =~;~to or any ¢ortion thereof, as (a) coat,acts m force concermng me r,.ca, ,-- terro, s and conditions of which Vendor is bo',zng k: Contacts ), and (b) delinquent real znd personal properzy taxes Estate. c _ ~eas~mh~ Smdi~s. Purchaser. at Fu:ch~fs ~o de~zr.e to the satisfaction of Purchaser ~hat ~he Rea] Es:zte is suk~hl~ ~iv~nz Purc~r s contemplated us~ zs a retail ancot apa~men~ ap.~or d~ve~eement ~d that financin~ and other condk~ons szds;~-zry te Pr:z-'.: .... or arC ~vor~e so as to make such use feas~bl¢ in PurChaser's sole discretion. 2.5 Zoning. Pe~ a:,d Development Purch~er's expense, but ~vith the full coop¢ration of Vende:, se'.:.. zo,img, planing pe~ks (including, but no~ limited to, ~ a~r :..=...-.- · - and A~y Co~s ofEnRineers pe~its), signage, pl~ CevK' ' .-. use, wedmnds mkigetion plans, access, curb cuts ~d other g~ve~ental approvals in fo~ sadsfacto~ to Purchaser and evidence sat[sfmcto~' to Purchaser of ~e avMl~bili~ an~ cost of ail utilities and proposed road work and improv~;z.c-:o adjoining streffts (including the timing of said improvements), which Purchaser deems necessaD' or appropriate for Purchaser's contemplated use of ~e ReM Estate ms a retail amd/or apa~ment and/or ~sisted living developm~r .... Y e ,,v ~_:-~ and Development ApprovMs'). 2.6 Enviro~ental Inspection. Purchaser ska'.l '"" . expense, an enviro~ental ~specfion repom as to the Ke~l Es:ate ~r. =~i subsmnce and from an engineering fim~ acceptable to Purchaser in i~ so,e a_~e~ to pay 3. j axes and Assessments. Purchaser ~sumes and f- ~' re~, ~ .... taxes payable during thc Due Diligence Period commencing with the rem e~tatc taxes assessed for the year 2000 pay~ble no later ~han March 3!, 2001. Vende' ,v=- ..... rem zstatc taxes for the tax year 1999 do not exceed Twenty-six Thousand amc ~:~ Dollars ($26,000.00) per yuan All real estate taxes paid by Purchaser pursuzr, t Y '- ' be credited against the Purchase Price mt closing. In the event closing mk~s .Cur .......... -' to the te~s hereof, Purchaser assumes and agrees to pay MI rez~ ' ~ Due Diligence Period. Purchaser assumes ~d agrees to pay all assessmem~ improvements ~ to the Real Estate becoming a lien a~er the date oF c~es~e ~sessments for improvements not ~sumed by Purchaser amd which are mot c~ z:~c ~v at the time of closing shall be allowed ~o Purchaser ~ a crcdh on the cash paymen~ required om closing. The provisions of this paragraph s~M1 su~ive closing. 4. Rents. Insurance and K~sks of Loss. Rents, iffy, shall be prorated ~t hmurance sb. al[ be cancelled as of ~e dat~ of closing. Vendor sb. aU bear risk of loss until ctosing. 5. Damaxe and Condemnation. Ifat ~y time a~er the .~ot ...... ~__ (a) the P. eal Estate shMl be damaged or deswoyed, ~) the Real Estz;.: ~ ..... ' ' ' ' '- "~ 3 ~'- · MAR 2 6 2002 ~ determine whether ~]-,e Rea! Estate is suitable for Purchaser's intended use. Fur ....... · ,- t; ,, oft.he Due Dili:,ence Period (which may be terminated by Purchaser prior to the ex~.a..o,. ' = - ' ofes:h ofthe Conditions. in writing at any tiff. e), noti~' Vendor in -r'tlno el'the satistactmn .~: ...... :,, Vendor of t~e In ti',.e event Pu .... as-, fa:Is to no prior to th~ exr~traticn cf the Due Diligence Period, this Contract shall be de:mca terminated and shall be of no further force and effect. The Conditions are as '."~ . rv v and rr,.o_ineerin~ Studies. Within nincD' (90) days .2-z.-7. o , Su, e ~ '=~' · - , -- -"-all obtain a staked- boundaO' Accectance Date, Purchaser, at Purch~er s expen~t=l~;',',Su,- , ... _ ....,. - . · -. ..... s:trvjv rneetin-, ce Minimum Standards ALTA ( . .'-l' ' - ' prepared by a registered land sutweyor acceptable to Purchaser cexified as or a current date to both Purchaser and Vendor, sho,a'ing the location of all easements and rights-of-waY located thereon and showing all utilities and building ::.'z :.:. :i .. The legal description of the Real Estate shown on the Su~'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 or X as established by the Federal Emerg?..-::-. ' :' 7: ............ National Flood Insurance Pro,ram. One-half (V:) of the cos: ai ;,-,c ....... - ..... - · " ' ~ ' 30 days from the . . -~ .~__ r~ .... ~,a~e Price at closing, x,'v~thm t.ar'O (.....) _.,_,, ..., .... c4..edtted aga~ns.;_u,~..~,.,. ~h,ll furnish Purchaser, ,,v~thout an: .... ,-. Acceptance t2a~e, v ¢~,-, ...... engineering s.mdtes, ies of documents concerning all title matters, with. cop. . · - - .q:,,~ ,,,d alt other inspection% soil tests, which F.a'~ topographical an~ wettanes sm,., .... been obtained by Vendor prior to the Acceptanc~ Date, and ' ~-'~' ' ~" °: ¢~ exr>ense, shall obtain such further engineering studies, topcg--"7'-:2 .... desirable (the . ' 'OhS and soil tests as Purchaser shall deem sm&es, and s~uch).ns,p,,eet~ ----:-o ,~,,' Real Estate, all of the .'??'--~: -~'"'~':'~' ..... "Engineering ~tuates ) conc~imu= be satisfi~ctor-Y to Purchaser. Purchaser, at no expense to Vendor, ~a,- ......... Vendor with copies or'any su~eys, tests or studies ordered by Purchas-~r; .......... received by Purchaser. 2.2 .Title and Easement_s. Within ninety (90) days from the 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 acceptab;~ 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 alt liens ?~ ~ t----:'--"" ..... : '~":-' nature whatsoever for the full amount of the Purchase Price, after cxr. c~ ........... Deed to Purchaser from Vendor. In the ewnt al:ere arc liens and encumbrances xvhich would interfere with Purchaser's contemplated use ,~f th~ 7.:-'. -'- · remit and/or apartment and/or assisted li','[ng development, Vendor, at. Vendor's option, shall have a period of thirty (30) days from the date of being so informed by P'urchaser to remove same. If Vendor does not r~move sa.-..: ?,:-.:=..:.:':r ~:.~' .-. at Purchaser's expense, or Purchaser in the alternative may zcrmm~.~; ..... ., · fidavits Vendor ret)resents and wa.~.?-''`? t~i.'~ .... -'-' -~, Contracts. Al. __. _ , - ' , ~ ...... ,,.,,.,-tion thereot, as ~ ~-- c"~2~act~n force concerning the Keel r. stat- u~ .-,: v,.. . no (a) .... 2 ~.__.__z~---~. MAR 2 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 Purchaser -'.'.~:::'" .' ciosing, then Purchase:' may (a) apply tt",e oroceeds of any cond:rr,w,a.'.icn award or insurance __,._ ....ro.~ .... ,~ p .... ho~" Price or O5 acceo: ?.n ~.ssio_nm~nt ofs'::h proceeds. 6. Ri _=hr of Entrv. Purchaser shall have the right to pe,.-x'.Z :-.-. g. -.-. soil tes.'.ing companies and other agents to enter upon the Real Es.tare for the purpose of obtaining su~'eys, soil tests, inspection reports and other inform'-::'- '" '-" · Iusion ofall others, except for listing brokers, may place leasing 3.-:.~. :.::.=.: -.: eNO , ., .,:,,~- = m_.-- . - orison of the Real Estato after the Acceptance Date. Pu,chaser shall re=~o,.,=.., ..... tP; ~ts original conottton tfany damage is caused by any foregoing e,~: a",d s. liens arising because of any foregoing entry by transferring the '<' :.'.-~ :: :-:.' '- sureU' 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. Closing and Possession. 7.1 Closing. If this'offer is accepted as herein provided, the ..... at a place acceptable to the parties in Collier County, Florida within five nu.n,zrea i~:O-i*'- davs from the Acceptance Date; provided, however, that if Purchaser k,~s not obtained all of Z~Nn~, Pe~its and Development Approvals prior to the date which is five k~:r.g:z2" ' . day= fotlowing the Acceptance Date, Vendor agrees to extend the Due Diligence Perio~ for six (6) additional .periods of thi~ (30) days each (each ~ Exte~ton Period"), one Extension Period at a time, in order to altow Purchaser timber ttme to obtain ail of the Zomn=, P,~.~.s .... · .......... Approvals, whereupon Purchaser shall deposit ~th Vendor on or before the end oi:ix: :~., .'...:-- fora-five (545) day peNod following the Acceptance Date or any applicable Extension Period. .' eunder Two Thousand F~ve Hundred and 00/100 Doltars (.z:r. .... '- .. .. ' er/ods The avmeats made pursuant to till5 paragraph t,.t =nc..= Extension P . P . . ...... ~ , · dited aoainst t[~~ Purchase Prme at clos;n~. Exceot for back-up p .... ha=e-.a.i ~ g ': -' skall be crc · = ~ . - ' . ....... - which are subordinate in all respects ~o th~s Contract, Vendor shall no~ := -- ~ r agreements, npprovals or consents whatsoever concerning the Real Es:::: .... following the Acceptance Date to the tim= of closing except upon the x~itten approval of Purch~er. At the date of closing, Vendor shall execute and deliver the Deed in recordab!c form conveying, the Real Estate end improvements constituting a pa~ thereof in the same condition as they now are, ordina~ wear and tear excepted, a Vendor's Affidavit in the fo~ required by Title Company, a non-foreign affidavit pursuant to Section 1445 o~ the Iht:real Revenue Code, and any o~er or TIt,~ _ . . instrument as reasonaNy required or requested by Purch~er '"~ ~ ...... - st~ps on thc Deed will be paid for by Vendor. Purchaser will pay the cost of recording me and Vendor will pay tko costs of recording any necessau co~ective title documents required by Title Comply. 7.2 Possession. Complete possession of the Real Estate shall be delivered to Purchaser at time of closing. 4 8. Brokers- Vendor and Purchaser each represent and wv_,r. :-'; ...."" ' ' they have not dealt with any real estate brokers or other perso-'''--~ '~':' ' claim for cornrnission or fee arising out cf th;.s transaction, exc-~F: ...... - Arv~da Rea!~; Setw'ices, v,'ho shall be pa;.d by Vendor ("Broker"). 9. Vendor Revresentations and Wa.wanties. \eneo r as of the Acceptance Date: is no: ~n ........... A. (i) To ¥ endor best k.nov,'!edge, the Real Estate surface or subsurface with any hazardous substance: hazardous waste, eot[utant or contamu ( , o,~,ation~; (ii) V°ndor has not caus,.d, ~nvironmental law, ordinance, rme or re,. t J will not cause, and ~as never caused, the release of any hazardous hazardous waste, pollutant or contaminant on me ..... Vendor's best knowledge, the Real Estate is nc.: ~ :':~ :- or local "superfund' or other environmental lien, proceedin*-, claim, or action or the tkreat or likelihood thereof, for the clean-up, removal or remedia-tion of any hazardous substance, hazardous waste, pollutant o~ contaminant from the Real Estate; (iv) to Vendor's best knowledge, there is no asbestos on the Real Estate; (v) to Vendor's best ~.-,o,,vled? "--':'.::-~ is -"~ underground storage tan.k on the Real Es:z:;' kno~vledge, the Real Estate ~as not been used to dispose ot an), ~,-~-- · ,, '~.ardous wastes, toxic substances, pollutants or contaminants Sot~bany kind; (vii) to Vendor s best knowledge, '"'-'" stances h , tko violation of any local, state or federal la'v, code, _.a: dealing with human health or the environmem; (,,'iii) 1¢ \'e.'.i-.'~ *-;'- knowledge, the Real Estate has never been used fo: :k-'- 7"-.- ' ' ' ' '*' "- has been no surface or subsurface contain'marion due to, the gener~,~ .... storage, disposal or treatment of any hazardous waste (as defined by any [ederal, state or local cnviromnental law, ordinance, rule or r°~'td in connection with the ownership or usc of the Real Estate, Vendor has no knowledge of any present or past ['aiture by Vendor or an>' ,~ ..... . ..... 'comply with any federal, state or local env:,rop2r, en:2! !?- ..... J: ru or re ulations adopted pursunnt thereto; ~:-:, ~- y acquiring the P, eal Estate, Purchaser will not incur or be subjected to an.,,' . '- ' remediatton of an)' hazardous substance, pollutant or contaminant trom Real Estate or any liabilin,.', cost or expense for the removal of asbe~'..e* or 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- pg. t ~' ' /~~'<~'~ x"'"~'"x x SCALE: 1" = ~-CO' /q, ~~u.. o '.. ~ . / ~ -~o~'~ '.~ ~ 45.82~ACRES · ~ POINT OF BEGINNING/ ...... / / : '- - I ~ .... I CURVE DATA CUR~ DELTA RADIUS LENG~ TANGENT CHORD BEARING C1 g'~l'~7" 2799.91 ~73.84' 237.49' 473.29' N 2~'~'24" E i LINE TABLE LINE I BEARING LENGTH L1 ! N 19'49'43" E 203.10' L2 j S 35'15'17' W 400.00'__ POINT OF COMMEN~~ ,.,, MAR " * NOT A SURFI:,'Y * ______~ ~ sneer: f. or ~ szcwo~¢ t: ~-~'-~ ~~Q. G~Y ~0~ ~ ~SO~, ~.~ I~' ~o ~o~~ =~ ~~ ~G~ · ~ s~ · r~ I HENDERSON CREEK- ~SIDENTIAL 16. Miscellaneous. This document including all attacb, mcn~s r~..; ~ ~? -"7: -'. agreements and understandings of the parties to this Contract with respect to me suo,ec~ matter hereof. Whenever used herein, the singular shall indicate the pl.----L - -. include the singular, the plural and singular and any gender shall, include all genders and the neuter. Captions to the provisions ofthis Contract are intended and used solely for l:u .rposes of identification and do not limit or enlarge upon the written provi~icn-::-" :.k:._-' ~ ...... ' 17. Survival. Alit provisions oft. his Contract shall survive closing and delivery of the Deed. 18. Duration of Offer. This offer shall expire if writ-ten acceotance endorsed hereon is not deliv:red to Purchaser on or before 5:00 o'clock P '~'' ~- 2000. DATED:/3 ";/' ~,2 2000 I Kobcr~ B. Warstler 7 MAR 2 6/f002 ~ 'f ~ ASSIGNMENT Robert B. Warstier ("Purchaser") under that certain Contract for Purchas.~: '.- 7.. (the "Contract") with Robert E. Smite and Gary L. Smith, individually and as :z-~.::'-~-'- ' - ""- ' Clifford Smith Trust and the Muriei M. Smith Trust ("Vendor") dated A,,g :z: i, _. ...... Purchaser and August 3, 2000 a.s to Vendor, hereby assigns all orb_is right, titlc and interest in and to ~e Contract to Gateway Shoppes Associates, LLC. Dated: ,2001 Robert B. Warstler ORDINANCE NO. 02- __ AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102 THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPOKATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED 1603S; BY CHANGING THE ZONING CLASSI1:ICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "RSF-Y' 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, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 45.8+ ACRES; AND BY PROVIDING AN EFFECTWE 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 Count)', 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-Y' 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, CHAIRMAN Approved as to Form and Legal Sufficiency Mmjone M. Student Assistant County Attorney PUDZ-2002-AR- 197 8/RB,'lo 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, Fl 34103 EXHIBIT "A" · MAR 2 6 2002 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 RESDENTIAL PRESERVE / OPEN SPACE GENERAL DEVELOPMENT COMMITMENTS PUD MASTER PLAN iii 1-1 2-1 3-1 4-1 5-1 Revised 03/08/2002 NAR 2 fi 2002 111 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 xvill be in compliance xvith 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 masons: 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 dxvelling 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. o 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. o Revised 03/08/2002 Henderson Creek PUD is planned to incorporate natural systems for water management in accordance with their natural functions and capabilities as may be requir :d bv Ob. jgg~tiv__e 1.5 of the Drainage Sub-Element of the Public Facilities Element. Iqo.'~c~'~'~ ITE~ 4AR 2 6 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 ~AR262002 ] ?~.. "?, [ . 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 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 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 run S 35°13'17" W for a distance of 400.00 feet; thence mn N 54046'43'` W for a distance of 1644.85 feet; thence run S 00°09'23" W for a distance of 1584.14 feet; thence run S 89°50'37" E for a distance of 1802.45 feet 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 60028'42" W for a distance of 2799.91 feet therefrom; thence mn 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 24040'24" E, for an arc distance of 473.84 feet to the end of said curve; thence run 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. 1.3 GENERAL DESCRIPTION OF PROPERTY mo Revised 03/08,'2002 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 RSF-3. L 1-2 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. Do A majority of the site has been altered through past and current agricultural uses; however, a portion of the site does contain jurisdictional wetlands. Eo The soil types on the site generally include Fort Drum and Malabar fine sand and Holopaw fine sand. This information was derived fi-om the Soil Survey of Collier County, Florida. 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, toxvnhome 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 J M ,R 2 [ 2002 L 2-I 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. Henderson Creek PUD is compatible with and complementary to existing and future surrounding land uses as required in Policy 5.4 of the FLUE. "P:4.or to igs'.'.ance of an)' '~ .... ~ ..... ~ ^-'~ c~. ,~.;~ m rr~ Up ...... ~. ........................ on 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 mo Revised 03/08/2002 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 Plan which are in effect at the time of issuance of any development o said regulations relate which authorize the construction of improverr 2-2 Do 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 ~rhich 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 trait 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 Revised 03/08/2002 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 fight to establish gates, guardhouses, and other access controls as may be deemed apl Developer on all internal and privately owned and maintained p The primary access road shall not be gated, and shall remain open t¢ oj ec.h~'padways. ~ the public. ~ ~ ~ 2007 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 ~,o (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 2.7 2.8 USE OF RIGHTS-OF-WAY Utilization of lands within all project fights-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. 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. COMMON AREA MAINTENANCE Revised 03/08/2002 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 9048 and Resolution 90-292, together with any applicable permits from the South Florida Water Management District. 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 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 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. 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). ~A~ ~ 6 2007 2-5 2.10 2.11 FILL STORAGE Fill storage is generally permitted as a principal use throughout Henderson Creek. Fill material generated fi.om 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. Bo 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. DESIGN GUIDELINES AND STANDARDS 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. AGENDA MAR 2 5 2002 2-6 2.12 2.13 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. GENERAL PERMITTED 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. 3. 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. 6. 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. 7. 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 PL~D. 8. Fill storage subject to the standards set forth in Section 2.10 of this PUD. 9. B. Development Standards: Unless otherwise set forth in this document, or as noted in Table 1 the_fa~Nm~ development standards shall apply to structures. ~ MA~ 2.14 2.15 2.16 2.17 2-7 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 I, Development Standards. 3. Minimum distance between ur, related 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 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 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. 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 A. 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. 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. Section 3.2.8.4.16.10, Reverse Curves Reverse Curves: Tangent shall not be required between reverse project streets. curves on any.~ ~__~ pg.. ,..._.. 3-1 SECTION III RESIDENTIAL 3.1 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. 3.2 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. 3.3 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. 3.4 PERMITTED USES AND STRUCTURES No building or structure, or pan thereof, shall be erected, altered or used, or land used, in whole or pan, 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. Revised 03/08/2002 Two-family and Duplex Dwellings. Multi-Family Dwellings including Coach Home and Garden 3-2 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 Bo Accessory Uses and Structures: 1. 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. 2. Any other accessory use which is comparable in nature with the foregoing uses. 3.5 DEVELOPMENT STANDARDS 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. 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 other~vise 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. 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 AI~FACHED/ DWELLINGS TOWNHOME's 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 (Pnncipal 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 10 10 i 0 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 I000 SF 800 SF Minimum Distance Ber, veen t5 feet .5 SBH or 15 feet ~rincipal Structures NA NA NA *6 *6 i Setback from PUD Boundar?' 25 25 25 40 40 B_~_H: Building Height SBH: (Sum of Building Heights): Combined height of m'o adjacent buildings for the purpose of determining setback reqmrements. Front yards shall be measured as lbllows: A If the parcel is served by a public or private right-of-way, setback is measured fi.om the adjacent right-of-way line. *I - Setback from lake for all accessory, uses and structures may be 0' *2 - Building height shall be the vertical distance measured fi.om the first habitable finished floor elevation to the midpoint of the roofline of the structure. *3 - Units w/th 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 established 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 ofa sla'ucture 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 slructures not inclusive of garages. Revised O3/08,'2002 pg. .' ~ 4-4 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 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. PER31ITTED 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. o Anv 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. 4.4 Revised 03,'08,,2002 DEVELOPMENT STANDARDS A. Minimum Yard Requirements 1. From PUD or external Development tract boundary: From Internal tract boundary: Fifteen Feet (15') Ten Feet (10') From outside edge of Lake Maintenance Easement: Maximum Height of Structures: Twenty Feet (20') Twenty-five Feet (25') 4-5 Revised 03,/08,'2002 ~AR 2 6 2002 Pi. L._, ~_, , 5-1 SECTION V GENERAL DEVELOPMENT COMMITMENTS 5.1 5.2 5.3 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. 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. 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. 5.4 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 Revised 03/08, 2002 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. INo. A%-~ ITLU_~ . 5-2 5.5 5.6 5.7 Co All customers connecting to the potable water and sanitary sewer system shall be customers of the County. WATER MANAGEMENT A. A SFWMD surface water management print shall be approved prior to commencement of site work. 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. 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. ENVIRONMENTAL mo Buffers shall be provided around wetlands, extending at leastl5 feet landxvard 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. 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. Co 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. TRANSPORTATION 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 .s ~ developed/redeveloped. M AP ? 6 ~70~q2 5-3 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. Q GRADY MIN6R 941992012975 02/22 '02 12'26 N0.924 02/02 Z Q LU D_ ~ UJ Z (D LU Z 0 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 "Developed') and the Collier County Board of County Commissioners (the "Commission"), collectively, the "Parties." RECITALS: A. The Developer has title to a tract of real property described as (complete legal description) See Exhibit "1" attached hereto in Collier County, Florida (The "Property") The legal and equitable owners include Gateway Shoppes Associates, LLC. It is the Developers 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: herein by reference. 2. Developer Agreements. The Developer hereby construct 500 affordable Units which Units shall be rented in Recitals. The above Recitals are true and correct and are incorporated Page 1 of 22 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. IQ 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 (1~) 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 tl~e affordable Units shail 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 median income. Nc. ~---~ r_~ (4) Eligibility and Qualification of Tenant. Famil¢ incbtf/~. ¢_~_cj~i~[~s a Page 2 of 22 L ~ - 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 additional 30 days, provided it has been documented by th original verification. After this time, a new verification form Affordable Housing Applicant Income Verification form sh~ Page 3 of 22 ust be completed. The i I II 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 (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 amountl (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, at a minimum provide any information reasonably required to ns~c,a '_;'!th Ordinance No. 90-89 or subsequent amendments thereto. The report shi~ or before September 30 of each year and the report shall be~/submitted by the - ! 762007 Page 4 of 22 following: 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. 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 pursua~ provisions of Section 125.69, Florida Statutes, or by civil enfl 'cemeCl~s a~flowed by law. Page 5 of 22 L. 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 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 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: page 6 of 22 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) 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 and stated in writing. Page 7 of 22 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 affordai21e 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. 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 uni 19. Consistency. This Agreement and authorized dc Page 8 of 22 v e I o p m eT'rff'-st'ralT-b-e 4AR 2 200 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: as to form and legal sufficiency: Patrick G. White Assistant County Attorney Page g of 22 James N. Coletta, Chairman 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 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 1 Bedroom 70 119 $70 2 Bedroom $942 3 Bedroom 138 $1,089 4 Bedroom TOTAL 327 VERY LOW INCOME (50% MI) Efficiency 1 Bedroom 2_2: 35 43 100 $654 $785 2 Bedroom 3 Bedroom $907 4 Bedroom TOTAL VERY-VERY LOW INCOME (35% MI) Efficiency I Bedroom $458 2 Bedroom $549 3 Bedroom $635 4 Bedroom TOTAL development pursuant to Section 7 Ordinance 90-89. 8 (4) Gross residential density of this development (including affor& bonus units) 10.9 units/acre. (5) Percentage of affordable units pledged by the developer (as a [ number units in the development) 10~0%. (6) The remaining 48 units of affordable housing may be construcl affordable income classification. (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 mits/acres. Page 11 of 22 APPENDLX A~ EXHIBIT B AFFORDABLE HOUSING DENSITY BONUS RATING SY~;TEM 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 vet7 Iow) 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/lOth 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 th~ 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 A~ 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 RATING LEVEL NUMBER OF BEDROOMS/UNIT OF HOUSEHOLD INCOME EFFICIENCY 2 3 OR AND 1 MORE MODERATE (OWNER-OCCUPIED, SINGLE-FAMILY) LOW (OWNER-OCCU'PIED OR RENTAL SINGLE-FAMILY OR MULTI- FAMILY) '~TRY LOW (OWNER OCCUPIED OR RENTAL, SYNGLE-FANflLY 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 BONI J'S RATING % OF AFFORDABLE HOUSING UNITS 10% 20% .30% 40% 1 0 0 I 2 2 0 I 2 3 3 2 3 4 5 4 3 4 5 7 5 ,4 5 7 8 Page 13 of 22 APPENDIX A~ EXHIBIT C INCOMI~ 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 LN FAMILY I00% 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% 11,375 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 (LIHTC) 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 BEDROOM FOUR BEDROOM UNIT UNIT UNIT THREE BEDROOM 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 LOCATION 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 0~ ~,~-~.t ,TF.~ t~/.,,2~ [ you Mus, t uc, ux tiTms xo ca cu .,xt ffd~siD'~u~in~rent rev. 4/01 ~ Page 14 of 22 [ ~ _~. I I APPENDIX B~ EXHIBIT A PRELIMINARY APPLICATION FOR AFFORDABLE HOUSING UNIT Date Occupancy Desire& Your Name: Co-Tenant Name Present Address: Date of Application:__ Amt. Of Sec. Deposit:.~ Race/National Origin: Handicap: Yes No __ RacedNational Origin: Handicap: Yes __ No __ No. Name of Landlord Landlord's Addressl Street City State Zip Telephone 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 Telephone No. Name of Previous Landlord City State Zip Street Telephone No. APPLICANT: Present Employers Name City State Zip Address and Telephone No. How long with Present Employer: Title Gross Salary: Hourly $ Social Security Number Previous Employers Name Weekly $__ Job Every 2 Weeks $__ Monthly $ Birth Date --- Address and Telephone No. How long with Previous Employer CO-TENANT: Present Employers Name Address and Telephone No. Page 15 of 22 Job Title t Pg ._ ,_~ -- ~ How long with Present Employer: Job Title Gross Salary: Hourly $ Weekly $ Every 2 Weeks $ Social Security Number Birth Date Previous Employers Name Address and Telephone No. How long with Previous Employer Job Title NAM~E$ OF ALL WHO WILL OCCUPY APARTMENT BIRTH DATE 1. 2. 3. PERSONAL REFERENCES {Not Relatives} 1. Name: Address; 2. Name: Address: __ Monthly $ How Long Known:__ How Long Known:__ Page 16 of 22 APPENDIX B, EXHIBIT B AFFORDABLE HOUSING APPLICANT INCOME VERIFICATION Date: Applicant's Name: Co-Tenant's Name:: Present Address: Social Secun~, Number Social SecuriW 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 $ $__ $-- S-- Tips $ $__ S-- Commissions $__ $__ $__ S-- Interest Income Trust Fund Income Unemployment $__ $ $ $ Workman's Compensation Welfare Food Stamps $ $ $-- S-- Social Security $ $ Social Security Disability $ $~ $__ S-- Supplemental SSI $ $__ $__ S-- Family Assistance $__ $ S-- Child Support $__ $ S-- Veterans Benefits Widows Benefits Union Pension Self-Employment Business, Silent Partner, etc. $ $__ $-- S-- 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~ SOURCES OF HOUSEHOLD INCOME WILL RESULT IN DISQUALI[~"I~ ~ Pa~ '17 of 22 '"-' ' APPENDIX B~ EXHIBIT B AFFORDABLE HOUSING APPLICANT INCOME VERIFICATION APPLICANT: Present Employer. Job Title: Address: Street (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 __ day of Signature of Applicant ,2001 My Commission Expires: Notary Public EMPLOYER VERIFICATION Applicant's Gross Annual Income or Rate or Pax': $ 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 __ day of Supervisor · 2001, My Commission Expires: Notary Public THE VERIFICATION HERE REQUESTED MAY TAKE THE FORM OF THE INCOME TAX RETURN FOR EACH OCCUPANT WHO HAS FILED AN 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. I. Please state what zoning districts are proposed by the applicant, if any, on the property and the acreage ofeach; PUD Density bonus7 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 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 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 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 Two Bedroom Three Bedroom Other Bedroom TOTAL Total Number of Units in Development Owner Rental .Occup ed 108 176 216 500 <t> (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 Proposed Use for Density Bonus Units Owner Owner Rental Occupied Rental Occupied MODERATE INCOME (80% MI) Efficiency I Bedroom 2 Bedroom 3 Bedroom Other TOTAL LOW INCOME (60% MI) Efficiency I Bedroom 70 2 Bedroom 119 3 Bedroom 138 Other TOTAL 327 Total Number of Affordable Units in Development $785 $942 $1,089 Rental Proposed Use for Density Bonus Units VERY LOW INCOME (50% MI) Efficiency 1 Bedroom 22 2 Bedroom 35 3 Bedroom 43 Other TOTAL 100 Owner Rental Occupied Owner Occupied .~$654 $785 $907 Page 21 oi22 '? _7007 Total Number of Proposed Use for Affordable Units Density Bonus in Development Units Rental Owner Rental Owner OccuDied Occupied VERY-VERY LOW INCOME (3S% MI) Efficiency I Bedroom __ 6 _~_$458 2 Bedroom __ 9 ..__$549 3 Bedroom __10 _ $635 Other TOTAL 25 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, Iow, 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, v/nyl 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 EXECUTIVE SUMMARY APPOINTMENT OF MEMBER(S) TO THE HISPANIC AFFAIRS ADVISORY BOARD OBJECTIVE: To appoint 1 member to serve the remainder ora vacant term, expiring on June 25, 2005 on the Hispanic Affairs Advisory Board. CONSIDERATIONS: This 9 member board identifies and evaluates problems unique to the Hispanic Community, reviews and recommends ways to ensure open communication between the minorities and Collier County Government and provides periodic reports to the Board of County Commissioners. Terms are 4 years. A list of the current membership is included in the backup. On May 22, 2001 the Board declared a vacancy on the HAAB. A press release was issued and resumes were received from the following interested citizen: APPLICANT CATEGORY Alina P rio Po~_~ondo [N/a DIST ELECTOR ADV. COMM. ] 2 lYes [None COMMITTEE RECOMMENDATION: AIina Prio Portuondo FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment, appoint 1 member, 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 26, 2002 TO: FROM: MEMORANDUM Sue Filson, Administrative Assistant Board o~~~. mmissioners. Ramiro Mafialich, Chief Assistant County Attorney DATE: RE: March 4, 2002 Applicant for the Collier County Hispanic Affairs Advisory Board On Thursday, January 31, 2002, the Hispanic Affairs Advisory Board voted unanimously to recommend to the Board of County Commissioners approval of applicant, Alina Prio Pormondo, to their Board. Please place this item on the Board of County Commissioners' agenda for consideration. Thank you for your attention in this matter. If you have any questions, please do not hesitate to contact me. RMJmw Attachments cc: David C. Weigel, County Attorney H/Ramiro/HAAB/Filson ;TEM 200;' Hispanic Affairs Advisory Board Term - "d Exp. Date. 2nd Term ApP~ Date Ms. Sofia Pagan 604 417-5107 235 Pebble Beach Blvd., Apt. NapleS, FL 34113 District: 4 Category: Mr. Carlos Aviles 713 North 9th Street lmmokalee, FL 34142 District: 5 Category: 657--4493 09/25101 2794372 Mr. Frank G. Loney 131 Tahiti Street Naples, FL 34113 District: 1 Category: 06/06/95 Mr David Correa qq~O '('c,,~m-X'b;)4 ~¢'~' 10/20/98 Naples, FL "34't'~gqt°8 District: 5 Category: Mr. Robert J. Pina 5501 Rattlesnake Hammock, Apt 113 82%5433 Naples, FL 34113 District: 1 Category: 732-9558 06/25/03 1.9 years 08/01/95 06/25/99 4 Yea_rs 06/22/99 06125/03 4 Years Ms. Lourdes Ramann 16 Maul Circle Naples, FL 34112 District: 1 11/14/00 01/08/02 06125/98 3 Years 06/25/02 4 Years 06/25/02 1.5 Years 06/25/05 3 Years Category: Name Ms. Susan Calkin.q 740 High Pines Drive Naples, FL 34103 District: 4 Category: VACANT Hispanic Affairs Advisory Board Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term 434-8095 05122/01 ' 06125105 4 Years 06/25/05 District: Category: Mr. Pete Cade 1210 Lee Slxeet lmmokalee, FL 34142 Distrk't: 5 Category: 867-3220 09/25/01 06/25/05 4 Years 657-1763 This 9 member committee was created by Ord. No. 91-37, amended by Ord. No. 91-78) to identify and evaluate problems unique to the Hispanic community, review and recommend ways to ensure open communication between minorities and Collier County government and provide pedodic reports to the Board of County Commissioners. Terms am 4 years. FL STAT Staff: Ramiro Manalich, Chief Assistant Attomey: 774-8400 t MEMORANDUM DATE: TO: FROM: January 18, 2002 Elections Office ,~ Sue Filson, Executive Manager 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. HISPANIC AFFAIRS ADVISORY BOARD Alina Prio Portuondo 2253 Arbour Walk Circle #516 Naples, FL 34109 COMMISSION DISTRICT Thank you for your help. MEMORANDUM DATE: TO: FROM: January 18, 2002 Ramiro Mafialich, Chief Assistant County Attorney Sue Filson, Executive Manager ~.t Board of County Commissionersr-'' Hispanic Affairs Advisory Board As you know, we curremly 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: Alina Prio Portuondo 2253 Mix)ur Walk Circle #516 Naples, FL 34109 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time-fi.me, 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 01/15,'02 TVE 15:27 FAX 9417755955 £NCH~H~ING SHORE ~001 Fax Correspondence From Enchanting Shores Co-op, Inc. 17 Turquoise Ave. Naples, Florida 341 lq Bus. Tel.: (941) 775-1221 Fax Tel.: (941) 775-5955 Fax Correspondence To In Reference to Date of Fax Page / of Page(s). Board of' Coun~ Commissioners .~41 ~ TMm-i Tr~il Ca~L~ory (if applicable): ~ Lmsp~ cmmmbo mmV, ~~* m~b~ hy pm~ e~ De you currently bom puMic oflke? Yes No _ , X .. -- b ~mm m m~ ~m, Imm. ~ mr ~md, m & C, dlrm' ~ b~m'd ~' cmmi~! Yes EXECUTIVE SUMMARY APPOINTMENT OF MEMBER(S) TO THE TOURIST DEVELOPMENT COUNCIL OBJECTIVE: To confu-m 1 member to fulfill the remainder of a term, expiring on April 21, 2004, representing the City of Naples and appoint 2 members to serve 4 year terms, commencing on April 22, 2002 and expiring on April 21, 2006 on the Tourist Development Council. CONSIDERATIONS ,: This 9 member council was established by Ordinance No. 92-18 as an advisory committee to make recommendations to the Board of County Commissioners regarding a proposed plan of uses for tourist development tax revenues, for the effective operation of the special Projects or uses of the tourist development tax revenues, and to review ail expenditures of revenues from the tourist development trust fund. This council consists of the Chairman or designated representative of the Board of County Commissioners, 2 elected municipal officials, 3 owners or operators of motels, hotels, recreational vehicle parks, or other tourist accommodations in the county and subject to the tourist tax, 3 individuals involved in the tourist industry who have demonstrated an interest in tourist development, but who are not owners or operators of motels, hotels or other tourist accommodations. The council shall meet at least once each quarter. Terms are 4 years. A list of the current membership is included in the backup. · The City of Naples is requesting Councilman Gary Galleberg, Vice Mayor, replace Councilman Fred Tan'ant as the City of Naples representative on the Tourist Development Council. The terms for Kevin Durkin, representing Owner/Operator and Liana M. Buysse, representing Non-Owner/Non-Operator will expire on April 21, 2002. A press release was issued and resumes were received from the following 4 interested citizens: APPLICANT CATEGORY. DIST ELECTOR ADV. COMM. Susan M. Becket Non-Owner/Operator t 4 Yes None Kevin Michael Durkin Owner/Operator t 1 Yes TDC Pamela A. Thorpe NOT A RESIDENT OF CC Robert Dictor .Owner/Operator ~ 1 Yes None COMMITTEE RECOMMENDATION.: No Recommendation . FISCAL IMPACT: NONE _GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION.: That the Board of County Commissioners confirm the appointment representing the City of Naples, appoint 2 members with the terms commencing on April 21, 2002 and expiring on April 21, 2006 and direct the County Attorney to prepare a resolution confirming the appointments. Board of County Commissioners Agenda Date: MARCH 26, 2002 Memorandum- To: From: Date: Subject: Sue Filson, Executive Manner, Board of County Commissioners /-~-1 Bleu Wallace, Director ~// March 14, 2002 Applicants for Vacancies on the Tourist Development Council I have reviewed the requests of the applicants seeking appointment and/or reappointment to the Collier County Tourist Development Council, keeping in mind the qualifications required for a Owner/Operator and Non-Owner/Operator. The Council consists of nine regular members; three elected officials, three members who are Owner/Operators, and three members who are considered Non-Owner/Operators. Of the two upcoming vacancies, one vacancy is classified as an Owner/Operator member. Mr. Kevin Durkin. Mr. Durkin is a Tourist Development Council member in good standing and has submitted an application for reappointment, in view of the expiration of his initial term on April 21, 2002. Mr. Durkin is an Owner/Operator (Quality Inn Golf Resort) and a resident of Collier County. Mr. Durkin is qualified for reappointment. Robert Dictor. A resident of Marc° Island, Mr. Dictor is the President-elect of the Marco Island Chamber of Commerce, Chairman of the Marco Island Economic Development Committee, and classified as an Owner/Operator (Marriott International). Mr. Dictor is qualified to be appointed as an Owner/Operator member of the Tourist Development Council. The remaining vacancy is a result of the expiration of Non-Owner/Operator Liana M. Buysse's second term, effective April 21, 2002. Ms. Susan Becker. Ms. Becker is a Naples resident involved in many civic activities and experience in business communications. Ms. Becker is qualified to be appointed as a Non- Owner/Operator member of the Tourist Development Council. Ms. Pamela A. Thorpe. Ms. Thorpe is a non-resident of Collier County. While qualifications are capsulated above, no staff recommendation is contained herein. Operations Department Community Development & Environmental Services Divisio[ filson_s From: Sent: To: Cc: Subject: wallace_d Tuesday, March 12, 2002 2:03 PM filson_s coletta_j; nohl_t; robinson..j TDC; Tarrant's Replacement Sue: Received call today from City of Naples. Councilman Tarrant has been replaced on the Tourist Development Council by Gary Galleber, Vice Mayor. City will send me copy of resolution upon execution. I will provide resolution to you upon receipt. Bleu Tourist Development Council Name Chairman James N. Coletta 3301 E. Tamiami Trail Naples, FL 34112 District: 5 Category: BCC Chairman Mr. Fred Tan'ant 735 Eighth Street South Naples, FL 34102 District: 4 Category: Municipal Officer Mr. E. Glenn Tucker 950 N. Collier Blvd., Suite 308 Marco Island, FL 34145 District: 1 Category: Municipal Official Mr. Joseph N. Dinunzio 249 St. Andrews Boulevard Naples, FL 34103 District: 1 Category: Owner/Operator Mr. Jerry Thirion 7524 San Miguel Way Naples, FL 34109 District: 2 Category: Owner/Operator Mr. Gene Vaccaro 700 7th Street, S.W. Naples, FL 34117 District: 5 Category: non-Owner/Operator Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2nd£xpDate 2nd Term 774-8392 01/08/02 434-4601 03/14/00 389-5000 05/02/00 261-6046 05/02/00 775-0342 04/18/95 594-1524 02/08/00 11/03/98 774-0000 03/23/99 01/14/03 04/21/04 04/21/04 04/21/04 04/2 !/99 04/21/03 04/21/99 04/21/03 I Year 4 Years 4 Years 4 Years 4 Years 4 Years 6 months 4 Years Thursday, March 14, 2002 Page 1 of 2 Tourist Development Council Ntlme Ms. Rhona E. Saunders 3770 Parkview Way Naples, FL 34103 District: 4 Category: Non-Owner/Operator Mr. Kevin M. Durkin 10! Debron Drive Naples, FL 34112 District: 1 Category: Owner/Operator Ms. Liana M. Buysse 989 Aqua Circle Naples, FL 34102 District: 4 Category: Non-Owner/Operator Mr. H. Kent Stanner 515 Wildwood Lane Naples, FL 34104 District: 4 Category: Ad Hoc Advisor Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term 11/24/98 04/21/00 2 Years 434-9230 05/02/00 04/01/04 4 Years 455-1010 02/08/00 04/21/02 2 Years 261-6522 04/21/92 04/21/94 2 Years 02/24/98 04/21/02 4 Years 649-5098 02/23/99 04/21/03 4 Years This 9 member council was created on March 23, 1992 by Ord. No. 92-18 to make recommendations to the Board of County Commissioners regarding a proposed plan of uses for tourist development tax revenues, for the effective operation of the special projects or uses of the tourist development tax revenues, and to review all expenditures of revenues from the tourist development trust fund. Membership consist of the Chairman of the BCC, 3 ownedoperators, $ non-ownedoperators and 2 elected municipal officials. Terms are 4 years. NOTE: BCC adpoted Ord. 2000-44 on 6/27/00 as follows: "The City of Everglades and the City of Marco Island shall alternate as the second municipal member. In the event that other municipalities are legally created in Collier County, then those municipalities shall be included in the rnt-Minn nrnc~..q.n fc~r th~..qec~nd munic, inal FL STAT 125.0104 Staff.' Bleu Wallace, Operations Director: 403-2302 Thursday, March 14, 2002 ~'~ 2 of 2 MEMORANDUM DATE: February 25, 2002 TO: FROM: Elections Office Sue Filson, Executive Manag(er/'lr Board of County Commissionl~-~' Voter Registration - Advisory Board Appointmems The Board of Coumy 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. TOURIST DEVELOPMENT COUNCIL COMMISSION DISTRICT Susan M. Becker 371 Elevemh Avenue South Naples, FL 34102 Kevin Michael Durkin 101 Debron Drive Naples, FL 34112 Pamela A. Thorpe 18550 Narcissus Road ~FL 33912 Robert Dictor 141 Golfport Court Marco Island, FL 34145 Thank you for your help. MEMORANDUM DATE: TO: FROM: February 25, 2002 Bleu Wallace, Utility Regulatio~ M~r Sue Filson, Executive Manager"~,~ Board of County Commissione~,~ ' Tour/st Development Council As you know, we currently have 2 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: Susan M. Becker 371 Elevemh Avenue South Naples, FL 34102 Kevin Michael Durkin 101 Debron Drive Naples, FL 34112 Pamela A. Thorpe 18550 Narcissus Road Ft. Myers, FL 33912 Robert Dictor 141 GoLfport Court Marco Island, FL 34145 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 summary for the Board's consideration. Please eat~gorize 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 ~ 0 01 Application for AdviSOry Committees/Boards ~ar~ of CouK.~ ColUer Couut~ Board of ~501 E~K T~ Trail (94~) Board or Corp.'_n~/~ Applied for:_ ._'~0 t) ~i"~ -f' , Are you · registr, red vote' i~ Coflier County: Yes '~ No Do ym~ cm'remlF bold public ofl]~? Yes No Do yom aow ~rve, or bare ~ ewr serwd, ~ · ~ Plense list ~our c,m,-m,~t~.scti~ities: ~ ~,,._neighborlmod auociations, etc. and positions held: Education: 4100 Gold~ Cate pm'kway (941) 45~-1010 ~' o.ly minm ~m m a~Jt~ ~ ~ m G~ ~ ~ & ~ u~e ~i~ & ~ ~e~, ~ ~n ~ for a ~ ~ m oar ~ ~ ~ or en~ fl~ dinl~ our TA ~e~'8 R~~ & ~. ~ & ~mt f~l~ ~ d~ ~e. TRANSMISSION COVER SHEET ( L' 02/06/02 %%'ED 15:i$ F.~.% 1 941 488 40S8 QUALITY I.%.W ~002 Naples, Florida - Hotels & Resorts ¢100 C.~lden G-~te Parkway - Naples, Flond.~ 34! 16 (941) 455-1010 ' Fax: (941) 455-4038 · Toll FMC:: (BOO) 277-0017 e-mail: NlzplesHorels@aol.com Fehmazy 6, 2002 Ms. Sue Felsorg Executive lVlanagcr Board of County Commigsioners 3301 East Tamiarni Trail Naples, Florida 341124977 Dear Ms. Felsom Thank you for yo~ re. cent letter regarding the expiration of my term on the Tour~ Development Council on April 21, 2002. I do wish to s~k re-appointment to the Tourist Development Council. I have attached the required Application/Resume outlining my current status and further detailing my desire to continue to serve on the Council If you should have any questions or require additional information from me, please do not hesitate to contact me at 455-1010. Sincerely, Vice President Hotel Ol~ations Member: Tourist Development Council KMD/jd WED 18:16 FAX 1 941 455 4038 QUALITY 13~' ~ 003 Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 (941) 774-8097 Fax: (941) 774-3602 Application for Advisory Commi/tees/Boards Ca ~go~ (if appli~ble): A~ you a regh~r~ voter h Coifier Coun~: Y~ ~ No Do you c~ren~ hold public o~ce? Yes If ~ ~at ~ ~at Zip Code; c-man address: Deyn~ new serve, or have you ever ser~ni, ma CoHJar .Cmm~ybeerd e~ emnmittee_? Y*~ , ~' Ifye~, please list the eommitleesdmas~ls: ' - No Please list your commun, ity activities (civic clubs, neighborhood associations, etc. and pasitians . Experience: '~ Please ~ttach any additional Information you feei pcrttnenr l'&b application $~umld be forwarded to Sue i~t~on, Board of Counry Commlr~'oner#, $$01 East Tdmlami Trail, N~ole~ FL 34112. I~yott wish. ple~ ~fwt yom, appllcmion e-mall to ~efdraniS~ollier~ov. n~ 7'hdwk yot~ for v~g to ~v~ ~f ~. ~ ~ ~. Manager to ~a ?g-- /t I ~£,,' 05/2a8? 84:!5 9al-al 7-~39a NAP'~3 HERITAGE REAL Board of County Commissioners Naol~, ~L. 34112 i941) 7~4.,8/~)~ Yu~: (941) 7~4-36D2 Application for Advisory C. om mittees/Boards Category ~e you a re~lered voter ia Collier Count: Y~ No yon current~ hold pablic ufficc7 Yes No Ptem:'.~e 1~! your. community ac{Iyltit~ it~vi¢ clubs, m~rh~rass~i~unh ~[. aid posii~n~ ........ ~'" ,iC-"~ .... ~ '~" ~-~ ~. --~~,.._~~ :- . ~~ ..... ,.-' . ..= ;)~, )~,'299° '1:21 F.L~. 941 642 2880 Board of County Commissioners EXECUTIVE OFFICE ~o01 Page 1 of 2 Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 (941) 774-8097 Fax: (941) 774-3602 Application for A~(~isory Commtt~s/Board~r Are you a re~tered vo~r ~ Co.er Count: Yes ~ No Do you c~renfly hold public office? ~ so, what ~ ~at Do you now serve, or havc you cvcr scrvcd, on a Collier County board or committee? Yes plea,e li~t the c~mmklees/boards: No ~' If yes, bttp ~/coZlicrgov.nctYgov/app.btm OFFICE OF THE COUNTY ATTORNEY INTEROFFICE ~MORANDUM TO: THROUGH: FROM: DATE: RE: James N. Coletta, Chairman, District 5 James D. Carter, Ph.D., District 2 Donna Fiala, District 1 Tom Henning, District 3 Fred W. Coyle, District 4 David C. Weigel, County Attorney William E. Mountford, Assistant County Attorney March 8, 2002 Longshoremen's & Harbor Workers' Compensation Act (L&HWCA) and Its Applicability to Collier County's Contractors' Ordinance RLS No. CTR 011203-07 Since I have not heard from any of the Board in response to my December 21, 2001 Memorandum, I am taking the liberty of attaching another copy to this Memorandum and asking whether or not the Board, individually or collectively, has any questions of me. I respectfully request that some action be taken in order to protect the County on a long-term basis. Enclosure H:XPublic~Litigafion\Opcn Cases~Longshore & Harbor's W-C-"~lcmo to Corem Coletta 3-8-02.doc OFFICE OF THE COUNTY ATTORNEY INTEROFFICE MEMORANDUM TO: THROUGH: FROM: DATE: RE: James D. Carter, Ph.D., Chairman, District 2 Donna Fiala, District l Tom Henning, District 3 Fred W. Coyle, District 4 Jim Coletta, District 5 David C. Weigel, County Attorne~ William E. MountforrL Assistant County Attorney December 21,2001 Longshoremen's & Harbor Workers' Compensation Act (L&HWCA) and Its Applicability to Collier County's Contractors' Ordinance RLS No. CTR 011203-07 By way of follow-up to my December 13, 2001 Memorandum to the Board, please be advised that the Mr. Charles Lee, of the Department of Labor, has postponed the meeting of December 18, 2001, indefinitely, due to the new budget constraints. With that in mind, I respectfully suggest that the Board consider amending Section 22-187 - Insurance, of the Collier County Contractors' Licensing Board Ordinance as follows: · 22-187. Insurance. All licensed contractors shall maintain liability and other categories of insurance, as required by state law, at all times. Such insurance shall be with an insurance company authorized to do business in the state. The minimum limits of liability insurance required shall be not less than $100,000.00 for bodily injury and $25,000.00 for property damage or any higher minimums as required by state law. All licensed contractors shall maintain applicable workers' compensation insurance as required by state law and/or federal law, inchtding, but not limited to, the provisionx qf the Federal Employers' Liabilin, Act. the Longshoremen's & Harbor Workerx' Compenxation Act. the Defense Base Act. or the Jones' Act. (Ord. No. 90-105, § 2.8; Ord. No. 92-61, § 2; Ord. No. 99-45, § 2.8, 6-8-99) In the interim, pending a decision as to whether or not the Board chooses to amend said Ordinance, I would suggest that no dock building permits be issued by Collier County unless and until the issuing authority is in compliance with both the applicable Florida Workers' Compensation Law and/or federal, where applicable. cc: David C. Weigel, County Attorney H:'d:'ublic'~Litigation\Open Cases'O...ongshore & Harbor's W-C'hMemo to Comm Carter 12-21-01 .doc RESOLUTION NO. (12- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, SUPPORTING INCREASED FUNDING FOR REGIONAL PLANNING COUNCILS WHEREAS, the Board of County Commissioners of Collier County, Florida recognizes that regional planning councils are required to perform numerous state-mandated economic development, growth management, emergency management, technical assistance, and dispute resolution functions, as well as other important statutory duties directed by the Legislature; and, WHEREAS, the Board of County Commissioners of Collier County, Florida recognizes that regional planning councils also provide a w/de range of services and assistance in support of local government initiatives and programs to meet regional circumstances and needs; WHEREAS, a legislative priority of the Small County Coalition is adequate funding for Florida's Regional Planning Councils; and, WHEREAS, the Board of County Commissioners of Collier County, Florida believes that the State is disproportionately relying on local government revenues to support regional planning councils which has resulted in the reduction of many regional and local programs and initiatives; and, WHEREAS, the Board of County Commissioners of Collier County, Florida believes that the State's responsibility for supporting regional planning councils should be increased and shared more equally between the State and its local govemments. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COLrNTY, FLORIDA: Section 1: The Board of County Commissioners of Collier County, Florida hereby requests the Legislature support the Florida Regional Councils Association's community budget issue request for a $3 million appropriation in recurring general revenue to fully fund Florida's regional planning councils. Section 2: The Board's staffis directed to distribute copies of this Resoluiion to the Honorable Jeb Bush, Governor of the State of Florida; the Collier County Legislative Delegation; members of the Senate Appropriations Subcommittee on General Government; members of the House Transportation and Economic Development Appropriations Subcommittee; Steve Seibert, Secretary of the Florida Departmem of Community Affairs; the Southwest Florida Regional Planning Council; and Ron Book, Executive Director of the Florida Regional Councils Association. Section 3: This Resolution shall take effect immediately upon adoption by the Board of County Commissioners of Collier County, Florida. This Resolution adopted this motion, second and majority vote. day of ,2002, a~er ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Approved as to form and legal sufficiency: DAVID C. WEIGEL County Attorney By: JAMES N. COLETTA, CHAIRMAN MEMORANDUM DATE: TO: FROM: March 21, 2002 Board of County Commissioners Thomas W. Olliff, County Manager Tom Henning, Vice Chairman Commi~ioner, District 3 Passive Parks Attached is a copy of a memorandum dated March 14, 2002 from Robert Wiley, Project Manager, Stormwater Management Department regarding Passive Parks. According to Mr. Wiley this is a time sensitive issue and if the Board wishes to have passive parks located on land placed in a conservation easement as mitigation for constraction project wetland impacts a dee[sion will have to be made soon. I have added an item for discussion under 9E on the Board's March 26m agenda regarding this issue. Please review the attached documents and be prepared t~B~uss TOm I-i~n~n~, q'l'ce TH:sf Attachment To: From: Each Comm. Rec'd Copy DF JDC ~ FC JC Mefla6randum Tom Henning, Vice Chairman Commissioner, District 3 Robert Wiley, P.E., Project Manager Stormwater Management Department Date: March 14, 2002 Subject: Passive Parks In response to your memorandum dated February 21, 2002, I have contacted the South Florida Water Management District and the U.S. Army Corps of Engineers to gather their input on passive park activity on land placed in a conservation easement as mitigation for construction project wetland impacts. The particular parcel in question is the 99-acre parcel of land that the County is interested in acquiring for the Lely Area Stormwater Improvement Project. During the District 1 Town Hall Meeting held at Edison Community College on February 5, 2002, asked me if the County could also use this land as a passive park, and I responded that the County could not. My response was based upon the mount of mitigation required for the Lely Area Stormwater Improvement Project. The calculations that we have done indicate that if we consider the full extent of the 99-acre parcel, plus an adjacent 10-acre parcel that the County has already purchased there is barely enough land to mitigate under the U.S. Army Corps of Engineers criteria, and perhaps not enough land to mitigate under the South Florida Water Management District criteria unless we can convince them to use the lowest of their allowable impact ratios. When considering passive recreation usage within a mitigation parcel encumbered by a conservation easement, the agencies informed me that they encourage such multiple use. The allowable uses are basically carefully located footpaths or trails with a few picnic tables, but this can vary depending upon the initial purpose for the mitigation. The footpath can be covered with wood mulch, but not hard surfaced. The basic idea is to not create an intrusion into the wetlands and scattered uplands that would be negative to the natural functions of the land for both flora and fauna. There are no exemptions for parking areas, playgrounds, or other facilities that require removal of vegetative cover. In the case of the 99-acm parcel, there is no excess mount of land that can be used to provide space for a public access parking area. Typically, to meet American Disabilities Act requirements, the footpaths and some parking spaces are paved or provided with some type of stable hard surface. Stormwater Management In the case of the Little Pine Island Mitigation Bank that you referenced in your memorandum, that project was developed with the parking area, trails, and other facilities already master planned and calculated within the boundaries of the project. The remaining land was then calculated for its wetland mitigation value and the project defined with the passive recreation uses included. If the County chooses to utilize part of the 99-acre tract of land for passive recreation, we can do so if we limit the passive recreation to carefully placed, mulched foot trails and a few picnic tables. Keep in mind that due m the extensive wetlands, most of the area will be covered with standing water for extensive periods of time during the summer wet season. However, if we follow our typical approach to park facilities by providing parking space, hard surfaced areas, and other facilities which require the removal of existing vegetative cover, then some additional land within the drainage basin (or elsewhere if we' can get the State and Federal agencies to agree), suitable for wetland mitigation, will also need to be acquired at additional expense to make up the difference. If you desire to pursue the option of using a portion of this park for passive recreation activities, then you can bring it forward during a regularly scheduled BCC meeting. However, this issue will need to be decided soon because Staff is currently involved in discussions with the land owner and the State and Federal environmental permitting agencies, all of whom have a say in the planned use of this property. Once the property is set aside as a conservation easement, the County would find it cost prohibitive to then attempt to add park improvements. cc: John H. Boldt, P.E., P.S.M., Director, Stormwater Management Department Norman Feder, AICP, Administrator, TransportatiOn Division John Dunnuek, Public Services Administrator Joe Sehmitt, Community Development Services Administrator Tom Olliff, County Manager Jim Mudd, P.E., Deputy County Manager Donna Fiala, Commissioner, District 1 James D. Carter, Ph.D., Commissioner, District 2 Fred W. Coyle, Commissioner, District 4 James N. Coletta, Commissioner, District 5 Project 31 I01.03 (Design Correspondence) File Herming-Passive Park Reply Memo.doe Stormwater Management DATE: TO: FROM: February21,2002 Jim Coletta, Chairman, District 5 Donna Fiaia, Commissioner, District 1 James D. Carter, Ph.D., Commissioner, District 2 Fred W. Coyle, Commissioner, District 4 Tom Olliff; County Manager Tom He~ning, Vice Chairman Commissioner, DisUict 3 RE: Passive Parks Atlached please find an article from the Fort Myers News Press regarding the Little Pine Island Nature Trail. It details a nature trail surrounding mitigation property in a partnership between a private developer and Lee County. It also claims the partnership has saved Lee County laxpayers $1.7 million dollars and restored natural habitat to a once overgrown area. At the District 1 Town Hail Meeting~ we were updated on the Lely Drainage Basin area. I questioned whether we are able to incorporate a passive park into the 99 acres of mitigation land that we must create for the drainage basin. We were told: "The Florida Department of Environmental Protection would not allow the county to do this". I have confirmed with the FDEP that a passive park situation i~ allowable in mitigation land areas. It is my thought that the taxpayers could, and should, benefit as much as possible from this type of si~s_fion: both in recreational activities and cost-saving measures. I am requesting that county staff investigate the feasibility of this issue. Similar to Lee County, we could restore natural habitats and save money. TH:mst Cc: John Dunnuck, Public Services Administrator Norman Feder, Transportation Services Administrator Tom Wides, Public Utilities Administrator JoArme Varcoe-Leamcr, Admini.Ctrative Services Admini~U~r Joe Schmitt, Community Development ServicesAdminislrator Ken Pine. au, Emergency Services Administrator Attachments EXECUTIVE SUMMARY RECOMMENDATION TO CONFIRM THE APPOINTMENT OF JAMES DELONY TO THE POSITION OF PUBLIC UTILITIES ADMINISTRATOR OBJECTIVE: To obtain Board confirmation of the appointment of James W. Delony to the Public Utilities Administrator position. CONSIDERATION: Ordinance 93-72 as amended, requires that the Board confirm the County Manager's appointment of Division Administrators. James Delony has been recommended for the Public Utilities Administrator position beginning on or about June 17, 2002. This position supervises the following operations: County Water, Sewer, Solid Waste, and Pollution Control Departments, along with Utilities Engineering and Finance Operations Departments. This Division's annual operating budget is around $125M and its annual Capital budget is approximately $150M. The Division also employs 345 dedicated men and women. FISCAL IMPACT: Mr. Delony will earn an annual salary of $98,000. Funds are appropriated in the Public Utilities Division operating budget. He will also receive an automobile and phone allowance. GROWTH MANAGEMENT IMPACT: associated with this item. There is no Growth Management Impact RECOMMENDATION: That the Board of County Commissioners endorse and confirm the appointment of James Delony to the position of Public Utilities Administrator. PREPARED BY: ~..=~---~-, /. ~ Date: James V. Mudd Deputy County Manager REVIEWED AND~ APPROVED BY: ~ ~,,.. z,, ,~. ~ ./),/,' Tho~.s-"W. 'O-I~f~, County Manager Date: JAMES W. DELONY, P.E. 4329 Winforde Road, Wilmington, NC, 28412 Residence: (910) 395-9398 Office: (910) 2514501 Email: DELONYJIM~aol.com SUMMARY OF QUALIHCATIONS Over twenty-seven years of successful leadership and management of large, diverse, and complex organizations. Outstanding record of success in project management of engineering design, construction, facility maintenance and repair, water resource project development, and environmental protection programs. An experienced executive with skills in senior leadership, team building, strategic thinking, problem solving, decision making, and public speaking. Possess unique abilities to create customer-oriented teams that lead change, reengineer, and reinvent to achieve performance improvement and effectiveness. ACCOMPLISHMENTS Leadership and Staff Supervision. Led large (>400 persons) organizations with multi- functional staffs. Broad based experience and demonstrated success in both leading diverse teams and working within large groups to attain synergistic solutions. Open, positive, and common sense leadership approach that focuses on motivating and mentoring. Directly responsible for the execution of assigned goals and missions, personnel training and supervision, resource accountability, and customer satisfaction. Program & Project Management. Currently responsible for the people, time, and money decisions to execute Federal water resource program and projects within North Carolina and southern Virginia, an area of 53,00 square miles, with facilities and physical plant valued at $500 million, a workforce of 425 personnel, and an annual operating budget of $120 million. Immediate prior responsibilities as the Director of Public Works for Fort Campbell, Kentucky, a community of 40,000 people, consisting of 105,000 acres, a physical plant valued at over $856 million that included 17 million square feet of facilities with complete sewer, water, heating, and electrical systems, a facilities operations and maintenance workforce of 290 personnel, and execution of an annual facilities operating budget of $100 million. All program and project management experience involved direct leadership and management of an integrated and deliberate project delivery team process oriented on meeting customer requirements by responsible application of resources and quality management. Engineering & Construction Mangement. Supervised life cycle, cradle to grave project delivery for the full range of military works and water resources related projects throughout career. Currently responsible for the on-time delivery of the Cape Fear River Deepening Project, a multi-phased delivery of construction and environmental restoration valued at over $350 million, numerous other water resource and navigation operations and maintenance projects valued at over $50 million, and the Federal wetlands regulatory program for North Carolina. Immediate prior responsibilities as a Director of Public Works include direct supervision of numerous vertical and horizontal construction AG~: NL,,'-Z ~'~ - / ,'7'x 1 } l'"' ~5.. projects, including new construction involving architectural-engineer design supervision and construction contract quality assurance, and direct management of the existing facilities operations and maintenance. Resource Management. Over 20 years of experience in setting and meeting budgets, budget limits, and benchmarks. Implemented team and customer partnering and accountability strategies that have consistently increased quality and reduced cost. Experienced in personnel position management and classification through establishment of objective organization models and analysis. Served as a Chief Executive Officer as specified by the Chief Financial Act. Contracting. Experience in all procurement phases of contracting and contract administration in construction, services, and supply contracts. Have directly served as the Contracting Officer's Representative on numerous civil work and military construction projects. Currently supervise a contracting team of over 12 personnel. Experienced in both best value and firm fixed pricing procurement. EDUCATION & CREDENTIALS MS, Civil Engineering, Construction Management, Texas A&M University MA, Strategic Military Strategy, Quaid-E-Asam University, Islamabad, Pakistan MA, Military Arts and Sciences, US Army Command and General Staff College BS, Civil Engineering, Texas A&M University Registered Professional Engineer in Virginia, Louisiana, and North Carolina EMPLOYMENT HISTORY 1999 - Present 1998 - 1999 1997 - 1998 1995 - 1997 1993 - 1995 District Engineer, Wilmington District, US Army Corps of Engineers Director of Public Works, Fort Campbell, KY. Student, Pakistan National Defence College, Islamabad, Pakistan. Commander, 326th Engineer Battalion, Fort Campbell, KY. Deputy District Engineer, Savannah District, US Army Corps of Engineers, 1992 - 1993 1991 - 1992 1989- 1991 NC. 1989 - Prior Savannah, GA. Director of Operations, XVIII Airborne Corps, Fort Bragg, NC. Brigade Operations Officer/Assistant Corps Engineer, Fort Bragg, NC. Southwest Asia War Plans Officer, XVIII Airborne Corps, Fort Bragg, US Army Corps of Engineers Officer. Held a variety of engineering and technical mid-level supervisory positions, to include Battalion Operations Officer, Director of Engineering and Housing, Deputy Area Engineer, and Company Commander. February 1, 2002 EMPLOYMENT REFERENCE RE: James Delony FROM: Peter Madsen, Commander I have known Jim since 1981 in different capacities from his subordinate to his peer. Jim is one of the most well thought of individual's in the Army Corp. His wide breath of experience includes serving in the construction and engineering division of the army corp. He has been responsible for construction projects ranging in cost from one to five billion dollars annually. He understands both the managerial and the technical aspects of his position. He has held managerial positions in both small and large organizations. He currently oversees a group of 350 that includes 50 direct reports. His management style is that of an "inclusive" leader. His is more of a learning organization. His is the only organization that has a yearly campaign plan with objectives executed throughout the year with measured goals. Depending on how well the goals are met, the whole staff is awarded a share of the recognition. Jim is the strongest, most knowledgeable, and well thought of the five Commanders. Jim is very customer service oriented. Before he makes a decision, he asks himself, "what's in it for the customer"? His subordinates respect him and acknowledge him as one of the best. Reference Checked by: Dianne Janson, Sr. Human Resources Analyst COMMUNITY REDEVELOPMENT AGENCY EXECUTIVE SUMMARY RECOMMENDATION THAT THE COMMUNITY REDEVELOPMENT AGENCY (CRA) SET A MEETING FOR APRIL 30, 2002, FROM 9:00 A.M. TO 12:00 P.M.; ESTIMATED COST TO THE CRA IS $900.00. OBJECTIVE: To have the Community Redevelopment Agency (CRA) set a meeting for April 30, 2002, from 9:00 a.m. to 12:00 p.m. CONSIDERATIONS: On March 14, 2000 the Board of County Commissioners declared itself to be the Community Redevelopment Agency (BCC Resolution No. 2000-83). The guidance for this is provided in Section 163.357 (1), Florida Statutes. The members of the BCC are the members of the CRA, ho~vever, the "members constitute the head ora legal entity, separate, distinct, and independent" from the BCC. The Immokalee and Bayshore/Gateway Advisory Boards have been meeting over the last 10 months and xvith the assistance of county staff, have prepared a number of recommendations for the CRA to consider. David Cardwell, outside counsel for the CRA has also been providing legal advice as necessary. On March 12, 2002, the Board of County Commissioners and the Community Redevelopment Agency approved an agreement with the Clerk of Courts for the Clerk to provide secretarial services for the CRA. 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 will be dependent on the actual number of hours and pages of transcription services that are utilized by the CRA. However, based on the current contract rate of $30.00 per hour and 59.45 per page and an estimated three (3) hour meeting, which typically involves about 85 pages of minutes, it is estimated that the total cost per meeting will be approximately $900.00. 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 (I 86 and 187) FY 02 Reserves. GROWTH MANAGEMENT IMPACT: N/A PLANNING SERVICES RECOMMENDATION: That the Community Redevelopment Agency (CRA) set a meeting for April 30, 2002, from 9:00 a.m. to 12:00 p.m. AGENDA ITEM I~AR 2 6 2002 PREP.~KED BY: MARLENE FOORD PRINCIPAL PLANNER COMPREHENSIVE PLANNING SECTION REVI~%5-Eig-BY: ~'~' ' STAN LITSINGEI~%"AICP ~ COMPREHENSIVE PLANNING MANAGER March 11,2002 DATE DATE REVIEWED BY: SUS.A.~.2M. URRAY, AICP PLANNING SERVICES DEPARTMENT DIRECTOR 3 -//-o- ~ DATE APPROVED BY: ..... JOSEPH K. SCHMITT ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SERVICES DATE AGENQA ITEM NO. EXECUTIVE SUMMARY,. ADOPT A RESOLUTION AUTHORIZING CONDEMNATION OF RIGHT-OF-WAY AND/OR EASEMENTS REQUIRED FOR THE CONSTRUCTION OF A FOUR- LANE SECTION OF IMMOKALEE ROAD BETWEEN WILSON BOULEVARD AND CR 951 / COLLIER BOULEVARD (CAPITAL IMPROVEMENT ELEMENT NO. 71, PROJECT NO. 60018). ESTIMATED FISCAL IMPACT: $5,732,106. OBJECTIVE: To adopt a Resolution authorizing the acquisition by condemnation of fee simple interests and/or such easements necessary for the construction of a four-lane section of Immokalee Road between Wilson Boulevard and CR 951 (Collier Boulevard). CONSIDERATIONS: Initial authorization for the purchase of right-of-way for the Immokalee Road project was given by the Board of County Commissioners on November 27, 2001, under Resolution No. 2001-450. Since that time, project notices have been sent to all the property owners along the corridor and real estate appraisals have been ordered. Concurrency requirements indicate that construction of improvements to this roadway segment should commence later this year, and the Board is hereby advised that the condemnation of property will most likely be necessary in order to meet this schedule. The Board of County Commissioners has been advised through numerous public meetings, MPC) meetings, and documentation of the various alternative routes and typical roadway sections considered by its professional engineering staff and consultants, and of the environmental impacts and costs of each engineering alternative, and of the public health, safety and welfare considerations, and of the long-range planning implications posed by each alternative, and has determined that the legal descriptions, and the interest in real property specified on each legal description, which are a part of the attached Resolution, represent the most feasible location, and are necessary for the construction of the proposed improvements to Immokalee Road (see attached memorandum dated February 19, 2002). The Board of County Commissioners has been further advised that it is necessary and in the public's best interest to acquire, by condemnation if necessary, those interests in real property specified on each legal description attached to the Resolution. FISCAL IMPACT: The schedule for the acquisition of those interests in real property specified on each legal description attached to the Resolution may result in the condemnation of every parcel required for the construction of the four-lane section of Immokalee Road between Wilson Boulevard and CR 951 (Collier Boulevard). While staff will continue to attempt to negotiate settlements without resorting to the County's power of eminent domain, should the condemnation of every parcel be required in order to meet the schedule for the commencement of construction, the cost to acquire all of the remaining unsecured right-of-way, and such other easeme ,ts as may be required, is estimated at $5,732,106. This amount includes the cost of all real property rights required for construction of the proposed improvements, as well as all expenses for title work, real estate appraisals, staff time, and those expenses, such as property owner attorne.~y~ MAR 2 6 2002 expert witness fees, which the County is required to pay according to Sections 73.091 and 73.092, F.S. All such payments will come from the Transportation Supported Gas Tax fund and the Road Impact Fee District 1 and Impact Fee District 6 funds. Source of funds are gas tax and road impact fees. GROVVTH MANAGEMENT IMPACT: As part of the County's Capital Improvement Element, the Immokalee Road project is an integral part of Collier County's Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners of Collier County: 1. Adopt the attached Resolution; 2. Authorize its Chairman to execute same on behalf of the Board; and 3. Authorize any budget amendments that may be necessary to implement the collective will of the Board as evidenced by the adoption of the attached Resolution and the DATE: .~'--/? -C,~ approval of this Executive Summary. SUBMITTED BY,/~.~vin H~fldricks;~Right_of_W~y...Sup. ervisor TranspOrtation Right of Way Office [ JLydn R. Thorpe, P.E., Senior Project Manager TranspoCation E.ngineering & Construction Management ./ /'~i~%. '-- ~." ,' d .,' Lz --- DATE: NormCn E. Feder, AICP, Administrator Traniportation Division APPROVED BY: ,/ NAR 2 6 2OO2 MEMORANDUM To: From: Date: Re: 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' February 19, 2002 Condemnation Resolution for Immokalee Road from Collier Boulevard to 43ra Avenue On February 26, 2002, the Board of County Commissioners will consider the adoption of a Condemnation Resolution for the property interests necessary to four-lane Immokalee Road from Wilson Boulevard to 43rd Avenue. This memorandum contains vital information that the Board of County Commissioners must consider in adopting this Resolution, as well as the Resolution that xvill be brought before you in the near future for the remainder of the project. That remaining se~m'nent will be from Collier Boulevard to Wilson Boulevard. As you know, this roadway has been on the County's long range plan for many years. It has been the subject of Board meetings, MPO meetings and various other public meetings. This memorandum shall serve to supplement and recap the documentation previously provided to, or presentations made to, the Board. Also, the county attorney's office has advised that you must consider the following criteria when adopting the condemnation resolution: 1. Alternate routes Need for additional east-xvest arterial capacity within Collier C,~'mty for travel demands east of Collier Boulevard has been identified and studied at the long range Page 1 of 3 MAR 2 6 2002 o planning level for more than a decade. Due to past and current development patterns, few alternatives exist other than existing roadway alignments and the potential of the extension of Vanderbilt Beach Road east to Wilson Boulevard. Golden Gate Boulevard from ?oilier Boulevard to Wilson Boulevard is currently under expansion to four-lanes. Due to land development and significant utility conflicts, it is unlikely that this road will be expanded beyond four-lanes. Extension of Vanderbilt Beach Road from Collier Boulevard to Wilson Boulevard is in the conceptual stage of development being only recently added to the Collier County Year 2025 Long Range Transportation Plan. Immokalee Road is also the only direct arterial connection between the Immokalee area and urban Collier County. To meet immediate capacity needs, the only viable alternative is to widen Immokalee Road. Safety factors The design of the Immokalee Road improvements has been conducted to meet the standards as defined by the Florida Department of Transportation, AASHTO, and MUTCD to ensure the safe movement of people and goods within the project limits. Long range planning factors The Long Range Transportation Plans (LRTP) for Collier County have evaluated the future travel demand needs using factors such as social impacts, environmental impacts, costs, safety and provision for alternatives. Since at least the 2010 LRTP (adopted in 1992), and reiterated in the folloxving updates for 2020 LRTP (original adopted 1996, updated 1999) and the 2025 LRTP (adopted 2001), the need for four- laning Immokalee Road has been identified. The four-laning xvithin an ultimate six- lane right-of-xvay is consistent with current and near future travel demand needs and the availability of financial resources. Environmental factors Long range planning criteria require the consideration of impacts to environmentally sensitive areas. Generally impacts of roadway construction utilizing existing corridors have less environmental impacts than new corridors. Refined evaluations during the alignment determination phase took more localized environmental issues into account such as choosing the offsite retention/detention system ponds. The sites were first identified and a site visit xvas made by the Consultants and County's environmentalist to determine if there were any affects on the environment. It was also decided early on to avoid any encroachment into the existing Cocohatchee Canal. Costs Cost to provide for the improvements has been considered from the inl.' ! identification in the adopted LRTP. As the project has been refined during the Page 2 of 3 i LIARr.2 S 2002 design, more specific costs to implement have been developed and considered as part of developing the financially feasible Capital Improvement Program. The design of the improvements has been made to maximize the improvement benefit with the minimum amount of impacts. Costs were considered in two locations that basically set the entire alignment from Wilson Boulevard to 43Td Avenue. Beginning at Wilson Boulevard, the location of the Cocohatchee Canal on the north, due to our most recent experience, forced the road expansion to the south. In addition, it was determined early that the Waterways, located from Oil Well Road, to 4500 feet north, landscaped buffer area was on land owned by the Homeowners Association and xvould be a costly right-of-way. Therefore, it was decided to minimize the takings in the Waterways and make up for necessary loss in fight-of-way on the westerly side. The alignment from Wilson Boulevard to Oil Well Road was set on the above restraints and the geometrics in between. We are pleased to advise you that construction on this project is anticipated to commence during fiscal year 2002. This project is part of an aggressive acquisition schedule to address the traffic needs and problems of this community. Thank you for your time and review of this vital information. NEF:DRW:bc Co Thomas Olliff, County Manager Jim Mudd, Deputy County Manager David Weigel, County Attorney Jacqueline Hubbard-Robinson, Assistant County Attorney Ellen Chadwell, Assistant County Attorney Heidi Ashton, Assistant County Attorney Steve Miller, Director, TECMS Dawn Wolfe, Director, Transportation Planning Lynn Thorpe, Senior Project Manager, TECMS Page 3 of 3 MAR 2 6 2002. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 4O 41 RESOLUTION NO. 2002 - __ A RESOLUTION AUTHORIZING THE CONDEMNATION OF FEE SLMPLE TITLE INTERESTS AND/OR THOSE PERPETUAL OR TEMPORARY EASEMENT INTERESTS NECESSARY FOR THE CONSTRUCTION OF THE FOUR-LANLNG ROADWAY IxMPROVEMENTS TO IMMOKALEE ROAD (CR-846) BETWEEN WILSON BOULEVARD AND CR 951 ! COLLIER BOULEVARD (PHASE 2 OF CAPITAL IiMPROVEMENT ELEMENT NO. 71 / PROJECT NO. 60018). WHEREAS, the Board of County Commissioners (Board), on Ma,' 9, 2000, adopted Ordinance No. 2000-31 therein establishing the (Ninth Annual Update and Amendment) Capital Improvement Element of the Growth Management Plan in order to establish priorities for the desi~, acquisition and construction of the various capital improvement projects; and WHEREAS, the Transportation Element of the County's Comprehensive Plan was adopted in Ordinance No. 2000-32: and WHEREAS, the four-laning improvements to Immokalee Road (CR-846) between CR 951 (Collier Boulevard) and 43rd Avenue N'E (Project No. 60018) is one of the capital improvement projects required under the Transportation Element of the County's Comprehensive Plan; and WHEREAS, Project No. 60018 has been split into two (2) phases, with Phase 2 encompassing roadway expansion between Wilson Boulevard and CR 951 / Collier Boulevard; and X~,'rIEREAS, the location for construction of the proposed Phase 2 improvements has been fixed by survey and is collectively represented by the legal descriptions comprising Exhibit "A" attached hereto and incorporated herein; and WHEREAS, after consideration of the availability of ahemate routes and locations, the comparative costs of project alternatives, various impacts upon the environment, long range planning options, and public safety considerations, the Board desires to exercise its right to condemn property for public purposes. NOW, THEREFORE, BE 1T RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORDA, that it has been determined by the Board that the construction of the Phase 2 four-laning roadway improvements to Lmmokalee Road between Wilson Boulevard and CR 951 l Collier Boulevard (hereinafter referred to as "the Project") is necessary and in the public's best interest in order to protect the health, safety and welfare of the citizens of Collier County. AND IT IS FURTHER RESOLVED that construction of the Project is part of the County's long range planning effort, and is included in the Transportation Element of the County's Comprehensive Plan for Growth Management, as approved by the Florida Department of Community Affairs. AND IT IS FL,T. THER RESOLVED that the Count,.' Staff has rev,9~.g_d_~Legl~J,W-*Aoc, ati~azdor.-.! 42 the project, and various impacts to the environment, and the Board finds that after consideration of these .:3 issues, the most feasible location for construction of the proposed improvements is collectively 44 represented by the legal descriptions comprising Exhibit "A" attached hereto and incorporated herein. 45 AND IT IS FURTHER RESOLVED that in order to construct the project as designed, it is 46 necessary for the Board to acquire the various real property interests described in Exhibit "A" to wit: fee 47 simple title interests and/or those perpetua] or temporary easement interests. 45 AND IT IS FURTHER RESOL\qSD that all property shall be put to public purposes. 49 AND IT IS FURTHER RESOLVED that the County staff is hereby authorized to immediately 5o acquire by condemnation in accordance with the provisions of Chapters 73, 74 and 127, Florida Statutes, 51 the above-referenced real property interests more particularly described in Exhibit "A", attached hereto 52 and incorporated herein. 53 AND IT IS FURTHER RESOLVED that no mobile homes are located on the property sought to 54 be acquired and therefore it will not be necessary to remove any mobile homes from the property to be 55 acquired. 56 This Resolution adopted on this __ 57 and majority vote. 58 59 60 61 62 63 64 65 66 67 68 69 ?0 ATTEST: DWIGHT E. BROCK, CLERK day of ,2002, after motion, second BOARD OF COU.WTY CO.MMISSIONERS OF COLLHER COUNTY, FLORIDA JAMES N. COLLETTA, CHAIRMAN Approved as to form and legal ~fficiencv: Heidi Ashton Assistant Count)' Attorney Page 2 MAR 2 6 2002 FEE SIMPLE INTEREST ,, PARCEL# 101 EXHIBIT WEST LINE OF SECTION 26 AG E,'q DA iTEM ~4AR 2 6 , ,.UUL EXHIBIT - FEE SIMPLE INTEREST ~ ;g ~I~ PARCEL # 101 F.,,..Descrip tion: A portion of the Northwest one-quarter of Section 26, Township 48 South, Range 26 ~st, Collier County, Florida, being more particularly described as follows: Commence at the North Quarter Corner of sold Section 26; thence South 02'16'52" East, along the 1/4 line of Said Section 26, for o distance of 100.08 feet, to a point on the Southerly Right-of-Way line of State Road #846 (Immokalee Road); thence North 89'58'08" West, along the said Right-of-Way line, for o distance of 532.29 feet; to the POINT OF BEGINNING of the herein described parcel; thence South 02°27'19`' East, for a distance of 63.97 feet; thence North 89°58"06" West, for a distance of 134.84 feet; thence North 00'01'54" East, for a distance of 19.98 feet; thence North 89"58'06" West, for a distance of 500.00 feet; thence North 00°01'54" East, for a distance of 5.96 feet; thence North 89'58'06" West, for a distance of 800.00 feet; thence North 00°01'54" East, for o distance of 12.97 feet, to a point on the Southerly Line of those lands described in Official Records Book 2568, Page 1176, of the Public Records of Collier County, Florida; thence South 89'58'06" East, clang the southerly boundary of said described lands, for a distance of 368.58 feet; thence North 84"50'23" East, along the southerly boundary of said described lands, for a distance of 276.24 feet, to a point on the said Right-of-Way line; thence South 89'58'06" East, along the Said Right-of-Way line, for a dlstance of 788.38 feet, to the POINT OF BEOINNING; Containing 1.107 cares, more or less. Notes: 1. T~is is not a survey. 2. Bas;s of bearing is state plane coordinates, Florida East Zone. 5. Subject to easements, reservations and restrictions of record. 4. Not valid without Sheet 1 of 2 depicting Sketch of Description and bearing the original signature and embossed seal of a Florida registered Surveyor and Mapper. SKETCH AND DESCRIPTION fSCA,E I SEO/Su, I w.o. NO. AS NOTED 26/48/26t 0014-1 ~ I'~ Io~ .~~ WlLKISON & ~ ASSOCIATES ENGINEERS, SURVEYORS AND PLANNERS 5506 EXCHANGE AVE. NAPLES, FI_A. 34104 (941) 643-2404 FAX NO. (941) 643-5173 FLORIDA BUSINESS LICENSE qO. L95770 DRAWN BY FILE NAME EAW 00-018-O0.DWG CHECKED BY DWG. NO. DdH IR-L-lO1-2 ·.. PARCEL NO. 701 TEMPORARY CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) WEST LINE OF SEC'~ON 26 I ! I I LIO - i'-EM ~AR 2 6 2OO2 TEMPORARY CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) I"~Mil;II I r~ . Temporary Driveway Restoration Easement Description: A portion of the Northwest one-quarter of Section 26, Township 48 South, Range 26 ~$t, Collier County, Florida, being more particularly described as follows: Commence at the North Quarter Corner of said Section 26; thence South 02'16'52" East, alan§ the 1/4 line of Said Section 26, for a distance of 100.08 feet, to a point on the Southerly Right-of-Way I}~le of State Road #846 (Immokalee Rood); thence North 89'58'08" West along the'i. Said Right-of-Way line, for a distance of 532.29 feet; thence South 02'27'19 East, for a dstance of 6.3.97 feet, to the POINT OF BEGINNING of the herein described parcel; thence South 02'27'19" East, for a distance of .30.05 feet; thence North 89'58'06" West, for a distance of 6.36.15 feet; thence North 00'01'54" East, for a distance of 5.98 feet; thence North 89'58'06" West, for a distance of 400.00 feet; thence North 00'01'54" East, for a distance of 4.98 feet; thence North 89'58'06" West, for a distance of 400.00 feet; thence North 00'01'54" East, for a distance of 45.00 feet; thence South 89'58'06" East, for a distance of 800.00 feet; thence South 00'01'54" West, for a distance of 5.96 feet; thence South 89'58'06" East, for a distance of 500.00 feet; thence South 00'01'54" West, for a distance of 19.98 feet; thence South 89'58'06" East, for a distance of 134.84 feet, to the POINT OF BEGINNING; Containing 1.539 acres, more or less. Notes: 1. This is not o survey. 2. Basis of bearing is state plane coordinates, Florida East Zone. 3. Subject to easements, reservations and restrictions of record. ,~. Not vclid without Sheet I of 2 depicting Sketch of Description and bearing the original signature and embossed seal of o Florida registered Surveyor and Mcpper. SKETCH AND DESCRIPTION WlLKISON &: ~ASSOCIATES I I INC. I ENGINEERS, SURVEYORS AND PLANNERS 5.506 EXCHANGE AVE. NAPLES, FLA..34104 (941) 643-2404 FAX NO. (941) 643-5173 FLORIDA BUSINESS LICENSE NO. LB5770 IR-L-701-2 ~,/ SCALE ] SEC/SUB W.O. NO. DRAWN BY FiLE NAME AS NOTED!26/48/26 0014.1 EAW O0-O18-O0.DWG DATE SHEET FB PG CHECKED BY DWG. NO, 11/01 2 OF 2 OJH FEE SIMPLE INTEREST PARCEL # 102 EXHIBIT Description: 100' R/W N 1/4 NORTH LINE OF SECTION 26 SEC. 26 IMMO__KALEE ROAD S.R. 846 L9 __~RL..~ TAL FERGUSON O.R. 2228, PG. 1546 L3 UNE TABLE LINE LENGTH BEARING L1 100.08 S02'16'52"E L2 78.95 S02'16'52"E L5 259.87 N8g'58'O6"W L4 5.01 S00'01'54"W L5 227.67 Nsg'58'O6"W L6 19.99 NOO'O1'54"E L7 65.16 N89'58'O6"W L8 63.96 NO2'27'1g"W L9 552.29 S89'58'08"E I I NOT TO SCALE Notes: 1. This is not a survey. 2. Basis of bearing is state plane coordinates, Florida East Zone. 3. Subject to easements, reservations and restrictions of record. A portion of the Northwest one-quarter of Section 26, Township 48 South, Range 26 East, Cailler County, Florida, being more particularly described as follows: Commence ct the North Quarter Come, of said Section 26; thence South 02'16'52" East, a',ong the 1/4 line of Said Section 26, for o distance of 100.08 feet, to a point on the Southerly Right-of-Way line of State Road #846 (Immokalee Road) end to the POINT OF BEGINNING of the herein described parce',; thence continuing South 02'16'52" East, a!ong said 1/4 Section Line, for o distance of 78.95 feet; thence North 89'58'06" West, for a distcnce of 239.87 feet; thence South 00'01'54" West, for o distcnce of 5.01 feet; thence North 89'58'06" West, for a distance of 227.67 feet; thence North 00'01'54" East, for a distance of 19.99 feet; thence North 89'58'06" West, for a distance of 65.16 feet; thence North 02'27'19" West, for ~ distance of 63.96 feet, to o point on the s~id South Right-of-way line; thence South 89'58'08" Ecst, along the Said Right-of-Way line, for e distance of 552.29 feet, to the POINT OF BEGINNING; Containing 0.968 ocres, more or less. ~A~D J. H~, P~¢. (FOR mE FIRM) FLA. LIC. NOT VALID ~THOUT mE SIGNATURE AND ~E ORIGINAL RAISED SEAL OF A FLORIDA UCENS[D SUR~O~ SKETCH AND DESCRIPTION SCALE AS NOTED DATE ~1/Ol WILKISON & ~ASSOCIATES INC. IR-L-102 j ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA..34104 (941) 643-2404 FAX NO. (941) 643-5173 FLORIDA BUSINESS LICENSE NO. LB5770 SEC/SUB w.o. NO. DRAWN BY I FILE NAME 26/48/26 0014.1 EAW I 00-018-00.DWG SHEET FB PG CHECKED BYt DWG. NO. 1 OF 1 DJH , PARCEL NO. 702 TEMPORARY CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) EXHIBIT fT . p.o.c.~ i 100' R/W N __ N__ORTH LINE OF SEC'nON 26 I/4sECcO. R. ~R IMMOKALEE ROAD -- S.R. 846 L2 ,ARCEL 702 2O _~RL~TAL FERGUSON O.R. 2228, PG. 1546 LINE TABLE LINE I LENGTH I BEARING L1 t 100.081 NO2'16'52"W L2 t 532.29 N89'58'O8"W L3 63.96 NO2"27'19"W L4 65.16 N89"58'O6"W L5 30.02 S00'01 '54"W L6 63.85 N89'58'O6"W L7 30.05 N02"27'19"W I NOT TO SCALE Notes: 1. This is not o survey. 2. Bosis of beoring is stote plone coordinotes, FIorido Eost Zone. 3. Subject to eosements, reservotions ond restrictions of record. Temporcry Drivewoy Restorotion Eosement Description: crtion of the Northwest one-quorter of Section 26, Township 48 South, Ronge 26 Ct, Collier County, Florido, being more porticulorly described os follows: Commence ot the North Quorter Corner of sold Section 26; thence South 02'16'52" Eost, olong the 1/4 line of Sold Section 26, for o distonce of 100.08 feet, to o point on the Southerly Right-of-Woy line of Store Rood #846 (Imrnckolee Rood); thence North 8g'58'08" West, otong the Sold Right-of-Woy line, for o distonce of 532.29 feet; thence South 02'27'19" Eost, for o distonce of 63.96 feet, to the POINT OF BEGINNING of the herein described porcel; thence South 89'58'06" Eost, for o distonce of 65.16 feet; thence South 00'01'54" West, for o distonce of 50.02 feet; thence North 89'58'06" West, for o distcnce of 63.85 feet; thence North 02'27'19" West, for o distonce of 30.05 feet, to the POINT OF BEGINNING; Contoining 0.044 Gores, more or less. SCALE l AS NOTED DATE DAVID J:"I-IY//'T"I'. 'P..~4~.' (FOR mE FIRM) FLA. UC. N~'. 585~ NOT VAUD WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA UCENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION .~~ WILKISON &: ~ASSOCIATES I I INC. m ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE A',/'Z. NAPLES, FLA. 34104 (941) 643-2404 F.~' NO. (941) 643-5173 FLORIDA BUSINE5~ LICENSE NO. LB5770 SEC/SUB W.O. No.J 26/48/26 0014.1 SHEET FB PG 1 OF 1 DRAWN BY j FILE NAME EAW J 00-018-O0.DWG CHECKED BYI DWG. NO. ' "LC ,ND.o_ ' MAR 2 6 2002 FEE SIMPLE INTEREST PARCEL# 103 lOO' R/W I NORTH liNE OF SECTION 26 i I IMMOKALEE ROAD 0 1 PEGOY ~, O.R. 2~8. PG. 2538 I EXHIBIT N NOT TO SCALE Notes: 1. This is not a survey. 2. Bcsis of bearing is N/A. 3. Subject to easements, reservations and restrictions of record. DESCRIPTION: The Northerly 78.91 feet, of the West 1/2, of the Northwest 1/4, of the Northeast 1/4, of Section 26, Township 48 South, Range 26 East, Collier County, Florida, excepting therefrom the north 100 feet thereof granted for h;ghway right-of-way. Containing 1.188 cores more or less. I CA= / S"EE'/ REV]SEO ,]/1/02 I 10/O1 / 1 OF 1 I NOT TO SCALE: 5AVID J. 'HY/~FT. P.,,~.I~. (FOR THE FIRM) FLA. LC NC. 583~' NOT VAUD ~THOUT ~,E S~GNATURE AND THE ORiGiNAL RAISED SEAL OF A rLOR~D^ UCENSED SURVEYOR A~D MAPPER SKETCH AND DESCRIPTION ~~ WILKISON 84 ~ ASSOCIATES ~ ~ iNC. "" ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES. FLA. ,34104 (941) 643-2404. FAX NO. (941) 643-5173 FLORIDA BUSINESS LICENSE NO. L5o770 w.o. No.I DRAWNBY ji F,LE HAME 0014.1 EAW O0-018-O0.DWG FB PG CHECKED BY J DWG. NO. DJH J IR-L-103 No._..t.L__ ~4AR 2 S 2OO2 I FEE SIMPLE INTEREST PARCEL # 104 100' R/W NORTH LINE OF SECTION 26 IMMOKALEE ROAD__ --.-60.00' EXHIBIT NOT TO SCALE :res: 1. This is not o survey. 2. Bcsis of beering is N/A. :5. Subject to eesements, reservet!cns end restrictions of record. DESCRIPTION: The North 464.60 feet, less end except the Eosterly 60.00 feet, of the Southerly 385.65 feet thereof, of the East 1/2, of the Northwest 1/4, of the Northeast 1/4, of Section 26, Township 48 South, Range 26 Eest, Collier County, Florida, excepting therefrom the north 100 feet thereof grented for highwoy right-of-wey. Containing 6.510 ocres more or less. SEC/SUB 26/48/26 SHEET 1 OF1 ISCALE lAS NOTED J DATE REVISED 2/11/02J 10/01 NOT TO SCALE: DAVID d. HYA,~, P.S.~'~'OR THE FIRM) FLA. LIC. NO. '5834 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION l~~ WILKISON &: ~ ASSOCIATES W W mc. m ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 54104 (941) 643-2404 FAX NO. (941) 645-5175 FLORIDA BUSINESS LICENSE NO. L85770 W.O. NO. DRAWN BY J FiLE NAME I 0014.1 EAW J 00-018-O0.DWG / FB PG CHECKED BY J DWO. NO. I DdH / IR-L-lO4 ]:EE SmP _E EXHIBIT PARCEL # 105 100' R/W NORTH UNE OF SECTION 29 IMMOKALEE ROAD S.R. 846 5 ~HN & CAPP~O O.R, 5~, PO. 572 N NOT TO SCALE Notes: 1. This is not o survey. 2. B(]sis of be(]ring is N/A. 3. Subject to easements, reserver;ohs (]nd restrictions of record. DESCRIPTION: NOT TO SCALE: The Northerly 78.91 feet of the West 1/2, of the Northeast 1/4, of the Northeast 1/4, of Section 26,' Township 48 South, R(]nge 27 E(]st, Collier County, Florid(], excepting therefrom the north 100 feet thereof granted for highw(]y right-of-way. Containing 1.196 (]cres more or less. ffAV:D d. HYAtt, P.S.~/~(~OR THE FIRM) FLA. LIC. NOT VAUD ~'n4od_~THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION · l~ WlLKISON & ~ASSOCIATES I I INC. I SCALE AS NOTED DATE 10101 I~[iiCf ENGINEERS, SURVEYORS AND PLANNERS ;.'3506 EXCHANGE AVE. NAPLES, FLA..34104 (94-1) 645-2404 FAX NO. (941) 64.3-517.3 FLORIDA BUSINESS LICENSE NO. LB5770 SEC/SUB W.O. NO. FILE NAME 26/48/27 0014.1 00-018-00.DW0 SHEET FB PG DWO. NO. DRAWN BY LAW CHECKED BYI DJH t IR-L-lO5 1 OF1 EXHIBIT PARCEL # 106 lOO' R/w NORTH LINE OF SEC'nON 29 IMMOKALEE ROAD %--'.R.--8~6 ~--60.00' N NOT TO SCALE Notes: 1. This is not o survey. 2. Bosis of beoring is N/A. 5. Subiect to easements, reservations ond restrictions of record. DESCRIPTION: The North 448.65 feet, less end except the Easterly 60.00 feet, of the Southerly 559.7,5 feet thereof, of the East 1/2, of the Northeest 1/4, of the Northeast 1/4, of Sectfon 26, Township 48 South, Ronge 26 East, Collier County, Florida; subject to an easement for rood right-of-way over and across the East 50 feet thereof, and excepting the north 100 feet thereof previously dedicated for road right-of-way. Contnining 6.504 acres more or less. fSCALE lAS NOTED DATE REVISED 2/11/02t 10/01 NOT TO SCALE: FLA. LIC. N0.,.,5834 //'' NOT VALID W~THOUT,.THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPllON WILKISON & ~ASSOClATES INC. I ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FlA. 34104 (941) 643-2404 FAX NO. (941) 643-5173 FLORIDA BUSINESS LICENSE NO. LB5770 SEC/SUB~,] W.O. NO. DRAWN BY FILE NAME 26/48/2~~ 0014.1 LAW O0-018-O0.DWO SHEET FB PG CHECKED BY DWG. NO. 1 OF 1 DJH tR-L-106 i,!o iU C MAR 2 6 2052 FEE SIMPLE INTEREST PARCEL # 107A EXHIBIT II R/W NORTH LINE OF SECTION 25 IMMOKALEE ROAD S.R. 846 NOT TO SCALE Notes: t. This is not o survey. 2. Bosis of bearrng is N/A. .3. Subject to eosements, reservations and restrictions of record. DESCRIPTION: NOT TO SCALE: The Northerly 79.04 feet, together with the Southerly 10.00 feet, of the Northerly 89.04 feet, of the Eosterly r~.////~//~/¢'/~ 479.06 feet, of the Northwest 1/4, of the Northwest ~ 1/4, of Section 25, Township 48 South, Range 26 East, [SAVlO d. H/Y~'Fr, P~.M. (FOR THE FIRM) Collier County, Florida, except the north 100 feet FLA. LIC. NJ). 58~¢a thereof. Contoining 2.506 acres more or less. NOT VALID'WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA UCENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION WILKISON &: ~liI AS S O C lATE S INC. I ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 54104 (941) 643-2404 FAX NO. (941) 643-5173 FLORIDA BUSINESS LICENSE NO. LB5770 SCALE SEC/SUB W.O. NO. 0014.1 FB PG DRAWN BY EAW CHECKED BY DJH FILE NAME O0-018-O0. DWG DWG. NO. IR-L-IO7A 2 6 zuu2 FEE SIMPLE INTEREST PARCEL # 107B mo' R/w NORTH LINE OF SECTION 25 IMMOKALEE ROAD S.R. 84~ 20 (;RAND LAND iNITIATIVE OF NAPLES, LLC O.R. 2457, PO. 1857 0 50 100 150 ~otes: 1. This is not a survey. 2. Basis of bearing is N/A. .% Subject to easements, reservctions and restrictions of record. DESCRIPTION: The Northerly 79.06 feet, of the West 1/2, of the Northeast 1/4, of the Northwest 1/4, of Section 25, Township 48 South, Range 26 Eost, Collier County, Florida, except the north 100 feet, and the West 352.48 feet. Contoining 0.558 (]cres more or less. SCALE AS NOTED DATE 11/o'~ 352.48' EXCEPT]ON---~ ~~ NOT TO SCALE: DAVID J. H,~I/'ATT. P.,,,Ei~t (FOR THE FIRM) FLA. LIC. I~0. 58,,,~,~ NOT VALID W]TH~UT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION ~~ WlLKISON & ~l~ ASSOC IAt ES ENGINEERS, SURVEYORS AND PLANNERS 5506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 64-5-2404 FAX NO. (941) 643-5175 FLORIDA BUSINESS LICENSE NO. LB5770 SEC/SUB W.O. NO. I DRAWN BY I FILE NAME 25/48/26 0014.1' EAWI 00-018-O0.DWG SHEET FB PG CHECKED BY DWG. NO. 1 OF 1 DJH IR-L-IO7B FEE SIMPLE INTEREST PARCEL# 107C EXHIBIT.. 10ft R/W -- N.._ORTH LINE OF S~ECTI___ON. 25 IMMOKALEE ROAD__ $.R. 846 - - / o. / ~./_,~. ?,y/~o. , OF NAPES. ~C 0.~ 2~65. PG. 2702 N NOT TO SCALE Notes: 1. This is not o survey. 2. Bosis of beoring is N/A. 5. Subject to eosemeots, reservotions ond restrictions of record. DESCRIPTION: NOT TO SCALE: The Northerly 79.06 feet, together with the Southerly 9.99 feet, of the Northerly 89.05 feet, of the Eosterly 215.93 feet, of the West 1/2, of the Northwest 1/4, of the Northeost 1/4, of Section 25, Township 48 South. Ronge 26 Eost, Collier County, Florido, except the north 100 feet. Contoining 1.247 ocres more or less. DAVID J. 'HYflj~CT.'P..¢¢~4.-(FOR mE FIRM) FLA. LIC. N~ 58.]4-/ NOT VALID ~mOUT ~E SIGNATURE AND mE OmG~NAL RAISED SEAL OF * FLOR,DA LICE.SED SUR~YOR *.D .**.ER SKETCH AND DESCRIPTION iWILKISON TES N¢oI ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 54104 (941) 643-2404 FAX NO. (941) 645-5175 FLOR[DA BUSINESS LICENSE NO. LB5770 SCALE SEC/SUB AS NOTED 125/48/26 DATE ISHEET W.O. NO. 0014.1 I DRAWN BY EAWI FB PG CHECKED BY DWG. NO. DdH FILE NAME 00-018-O0.DWG 1R-L-107C FEE SIMPLE INTEREST PARCEL # 108 EXHIBIT IMMOKALEE ROAD S.R. 846 Notes: 58 1. This is not o survey. 2. Bcsis of beoring is N/A. 3. Subject to eesements, reservetions ond restr;ctions of record. DESCRIPTION: The Northerly 89.04 feet, of the West 176.24 feet, of the Northeost 1/4, of the Northwest 1/4, of Section 25, Township 48 South, R~nge 26 Eest, Collier County, Florido, except the north 100 feet thereof. Contoining 0...t61 (~cres more or less. SCALE AS NOTED DAlE 11/01 0 50 100 150 176.24'~ /~ / / ./ NOT TO SCALE: ~)AVlD J. H'~/~TI, P,CC~.~(FOR THE FIRM) FLA. LIC. NC. 583~ NOT VALID ~OUT ~E SIGNA~RE AND ~E ORIGINAL RAISED SEAL OF A FLORIDA UCENSED SUR~YOR AND MAPPER SKETCH AND DESCRIP~ON ~~ WILKISON & ~ ASSOCIATES ENGINEERS, SURV~ORS AND P~NNERS ~506 EXCHANGE AVE. NAPLES, F~. ~4104 (941) 64~-2404 F~ NO. (941) 64~-5175 FLORIDA BUS,~ESS UC6NSE NO. LB5770 SEC/SUB W.O. NO. ~ ORAWN BY ~,l FILE NA.E 25~48~26 0014.1 EAU OQ-O~ B-OO.DWG SHEET FB PG CHECKED ~Y/ DWO. NO. I OF 1 DJH / IR-L-lO8 .,.'o.._. ,tAR 2 .,uu2 FEE SIMPLE INTEREST PARCEL # 109 EXHIBIT.A, P~e J_h__of mo' R/w NORTH LINE OF SECTION 25 IMMOKALEE ROAD --So R.-8--4--¢ 0 5O la0 150 Nates: 1. This is not a survey. 2. Basis of bearing is N/A. .5. Subject to easements, reservations and restrict;OhS of record. 352.48'~ ~ 176.24'-~ ~ DESCRIPTION: NOT TO SCALE: The Northerly 79.06 feet, together with the Southerly 9.98 feet, of the Northerly 89.04 feet, of the Westerly 61.69 feet, of the West 1/2, of the East 176.24 feet, of the West 352.48 feet, of the Northeast 1/4, of the DAWD J. H~ATT,/C.S.M. (FOR THE FIRM) Northwest 1/4, of Section 25, Township 48 South, FLA. LIC. NO. 5~¢ Range 26 East, Collier County, Florida, except the north NOT VALID W1THOUT THE SIGNATURE AND t00 feet thereof. Containing 0.174 acres more or less. THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION Wl LKISO N &: TES ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643-2404 FAX NO. (941) 643-5173 FLORIDA BUSINESS LICENSE NO. LB5770 SCALE SEC/SUB AS NOTED 25/48/26 DATE SHEET 11/01 1 OF 1 W.O. NO. DRAWN BY 0014.1 EAW CHECKED BY FB PG DJH FILE NAME 00-018-O0. DWG DWG. NO. IR-L-lO9 FEE SIMPLE INTEREST PARCEL# 110 EXHIBIT.,, ~ -~I .... loo' R/W NORm LINE OF SECTION 25 tMMOKALEE ROAD S.R. 846 0 50 100 150 Notes: 1. This is not o survey. 2. Basis of bearing is N/A. 3. Subject to easements, reservations and restrictions of record. DESCRIPTION: The Northerly 79.06 feet, of the East 1/2, of the East 176.24 feet, of the West 352.48 feet, of the Northeast 1/4, of the Northwest 1/4, of Section 25, Township 48 South, Range 26 East, Collier County, Florida, except the north 100 feet thereof. Containing 0.160 acres more or ]ess. SCALE l AS NOTED DATE t11/Ol 352.48' 176,24' -~ NOT TO SCALE: IJA'V1D J. HYAffT, 'P'.,J~Y,.,~:. (:FOR mE FIRM) FLA. LIe. NO,/ NOT VALID ~mOl~T THE SIGNATIJRE AND ll'-IE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION ~,l~I WlLKISON & ~ASSOCIATES I I INCaI ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643-2404 FAX NO. (941) 64~-5173 FLORIDA BUSINESS LICENSE NO. LB5770 SEC/SUB 25/48/26 SHEET 1 OF1 W.O. NO. DRAWN BY FILE NAME 0014.1 EAW O0-018-O0.DWG FB PG CHECKED BY DWG. NO. DJH IR-L-110 ~ ~o._.IITL C MAR 2 G 2~'~2 FEE SIMPLE INTEREST PARCEL# 111 //~ ~'"100' R/W NORTH LINE OF SECTION 25 IMMOKALEE ROAD S.R. 846 / OF '[3-1E 1M41TL~y S, WARD, D.D.S., P.a., PROFIT EXHIBIT Page of NOT TO SCALE Notes: 1. This is not o survey. 2. Bcsis cf bearfng fs N/A. 5. Subject to easements, reservations and restrictions of record. DESCRIPTION: NOT TO SCALE: The Northerly 79.06 feet, together with the Southerly 19.98 feet, of the Northerly 99.04 feet, of the Easterly ZJ/~ 109.81 feet, of the Westerly 354.60 feet, of the East i/2, of the Northeast 1/4, of the Northwest 1/4, of 'DAVID d ~¢~'nATT~,~!~.'71~ (FOR THE FIRM) Section 25, Township 48 South, Range 26 East, Collier FLA. LI~'.,,v ~. ' County, Florida, except the north 100 feet. Containing NOT VAUD W~THOUT THE SIONATURE AND 1.249 acres more or less. THE ORIGINAL RAISED SEAL OF A FLORIDA SCALE AS NOTED LICENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION · l~ WlLKISON & ~ASSOCIATES I I IN(;. nm ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643-2404 FAX NO. (941) 643-5173 FLORIDA BUSINESS LICENSE NO. LB5770 SEC/SUB W.O. NO. DRAWN BY FILE NAME 25/48/26 0014.1 EAW O0-018-O0.DWG SHEET FB PG CHECKED BY DWG. NO. 1 OF1 DJH IR-L-111 ~/ FEE SIMPLE INTEREST PARCEL# 112 NORTH LiNE OF SECTION 25 IMMOKALEE ROAD _ 233.83~ $TANL[Y gOGg, gR. TMIER[SA M. FOG~ O.R. 2316, Pi2. 581 EXHIBIT Page ~<{ of~ NOT TO SCALE ores: 1. This is not a survey. 2. Bas;s of bearing is N/A. .% Subject to easements, reservations and restrictions of record. DESCRIPTION: The Northerly 79.01 feet, together with the Southerly 10.04 feet, of the Northerly 89.05 feet, of the Westerly 233.83 feet, of the East 1/2, of the Northwest 1/4, of the Northeast 1/4, of Section 25, Township 48 South, Range 26 East, Collier County, Florida, except the north 100 feet. Containing 1.251 acres more or less. SCALE AS NOTED DATE 10/01 NOT TO SCALE: DAdO .~. H¥//CT, P.~: (FOR THE nRM) FLA. UC. N~'. 583~/ NOT VALID ~OUT ~E SIGNA~RE AND ~E ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SUR~YOR AND MAPPER SKETCH AND DESCRiPTiON ~~ WlLKISON & ~ ASSOCIATES ENGINEERS, SURV~ORS AND P~NNERS 3506 EXCHANGE AVE. NAPLES, F~. 54104 (941) 643-2404 F~ NO. (941) 643-5173 FLORIDA BUSIN~oS LICENSE NO. LB5770 SEC/SUB W.O. NO. DRAWN BY J FILE NAME I 25/48/26 00~4.1 EAW j O0-018-O0.DWG SHEET FB PO CHECKED BY J OWG. NO. / 1 OF 1 DJH J IR-L-112 FEE SIMPLE INTEREST PARCEL # 113 f I 100' R/W NORTH LINE OF SECTION 25 IMMOKALEE ROAD S.R. 846 EXHIBIT N NOT TO SCALE Notes: 1. This is not o survey. 2. Bosis of beoring is N/A. 5. Subject to eosements, reservotions end restrictions of record. DESCRIPTION: NOT TO SCALE: The Northerly 79.01 feet, of the West 1/2, of the Northeost 1/4, of the Northeost 1/4, of SecUon 25, Township 48 South, Ronge 26 Eost, Collier County, Florido, excepting therefrom the north 100 feet thereof gronted for highwoy right-of-woy. Contoining 1.197 cores more or less. SCALE AS NOTED DATE 10/01 DAV1D J. H"~':~l', P.S/~I~.'~FOR THE RRU) FLA. LIC. NO. 583~ NOT VAMD ~OUT ~E SIONA~RE AND ~E ORIGINAL RAISED SEAL OF A FLORIDA UCENSED SUR~YOR AND MAPPER SKETCH AND DESCRIPTION ~~ WILKISON & ~ASSOClATES ~ ~ INC. ~ ENGINEERS, SURV~ORS AND P~NNERS 3506 EXCHANGE AVE. NAPLES, F~. 54~04 (941) 643-2404 F~ NO. (941) 643-5~73 FLORIDA BUSINESS LICENSE NO. LB~770 SEC/SUB W.O. NO. DRAWN BY FILE NAME 25/48/26 0014.1 EAW O0-018-O0. DWG SHEET FB PG CHECKED BY DWG. NO. 1 OF1 DJH IR-L-113 .a'GE~.!->A FEE SIMPLE INTEREST PARCEL# 114 NORTH LINE OF SECTI._ON 2_._5 -- IMMOKALE__E ROAD S.R. 8';6 L8 NE C~ I SEC. 25 NJ__ P.O.B, ~ EXHIBIT Page~of L6 ~ L4 10 CYPRESS WOODS ENTERPRISES, INC. O.R. 2489, PO, 301 LINE TABLE LINE LENGTH BEARING L1 100.06 S02'00'`39"E L2 82.52 S02'00'`39"E L`3 252.1`3 N 88'`34'44"E L4 91.44- N 89'58'11"W L5 9.85 N00'01'49"E L6 `316.80 N89'58'11"W L7 79.06 NO2'O2'52"W L8 t 660.22 S89'58'1 l"E Description: portion of the East 1/2 of the Northeast ./~, of the Northeast 1/4, of Section 25, Township 48 South, Range 26 East, Collier County, Florida, being more particularly described cs follows: Commence at the Northeast Corner of Said Section 25; thence South 02'00'59" East, a:ong the Easterly Line of said Section 25, for a distance of 100.06 feet, to a point on the Southerly Right-of-Way of State Road of #846 and to the POINT OF BEGINNING of the herein described parcel; thenae continuing South 02'00'39" East, along said Easterly Line, for a distance of 82.52 feet; thence South 88'.34'44" West, for a distance of 252.13 feet; thence North 8g'58'11" West, for a distance of 91.44 feet; thence North 00'01'49" East, for a distance of g,85 feet; thence North 89'58'11" West, for a distance of 316.80 feet; thence North 02'02'52" West, for a distance of 7g.06 feet, to o point on the said South Right-of-Way line; thence South 89'58'12" East, along the said South Right-of-Way line, for a distance of 660.22 feet, to the POINT OF BEGINNING: Containing 1.257 acres, more or less. L3 NOT TO SCALE Notes: ~. This is not a survey. 2. Bosis of beoring is state plone coordinotes, Florida Ecst Zone. 5. Subject to e~sements, reservations end restrictions of record. NOT TO SCALE: DASD J. ~t¢^Tr, P.S,~. (FOR THE nRM) FLA. UC. NO. NOT VALID W~THOU~f THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION ~~ WlLKISON &: ~ASSOCIATES ENGINEERS, SURVE'fORS AND P~NNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643-2404 FAX NO. (941) 643-5173 FLORIDA BUSINESS LICENSE NO. LB5770 SCALE SEC/SUB W.O. NO. DRAWN BY FILE NAME AS NOTED 25/48/26 0014.1 EAW O0-018-O0.DWG DATE SHEET FB PG CHECKED BY DWO. NO. 11/01 I 1 OF 1 DJH IR-L-114 I ,IAR 2 ,S FEE SIMPLE INTEREST PARCEL# lISA EXHIBIT N --- lOO' R/W DESCRIPTION: NORTH LiNE OF SEC'R____ON 30 IMMOKALIE ROAD S.R. 846 The Northerly 178.84 feet, of the West 10.00 feet, of the Northwest 1/4, less the North t00.00 feet previously dedicoted for Store Highwoy #846, Section 30, Township 48 South, Ronge 27 Eost, ColEer County, Florido. Contoining 0.018 ocres more or less. SCALE AS NOTED REVISED 2/12/02 02/02 0 50 100 150 660' ~ ~ 10'~ ~ NOT TO SCALE: Notes: 1. This is not o survey. 2. Bosis of beoring is N/A. 3. Subject to eosements, reservotions ond restrictions of record. DAV1D J. H~'~,~'T, [5. S/~¢1~. (FOR THE FIRM) FLA. LIC. NO. NOT VAUD ~THOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF' A FLORIDA LICENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION WILKISO N &: TES ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. ,:34104 (941) 643-2404 FAX NO. (941) 643-5173 FLORIDA BUSINESS LICENSE NO. L95770 SEC/SUB W.O. NO. DRAWN BY FILE NAME 50/48/27 0014.1 RAW 115A.DWG SHEET FB PG CHECKED BY DWG. NO. 1 OF 1 DJH IR-L-115A FEE SIMPLE INTEREST PARCEL # lI5B EXHIBIT, Page ~? _of ' L I r___~oo, p,/W JOHN C. HAAGA / LUANN~' ~ SI..UIS / [~AN~' P, HAAGA RO~T H~GA PA~A p~N O.R. 2575, PG. 1107 4 ROYAL wATC O.R. 1399. I N NOT TO SCALE 660' NOT TO SCALE: Notes: 1. This is not o survey. 2. Basis of bearing is N/A. 5. Subiect to eosernents, reservations and restrictions of record. DESCRIPTION: The Northerly 54:3.90 feet, less ond except the Westerly 30.00 feet of the Southerly 465.06 feet thereof, of the West 660 feet of the Northwest 1/4, less the North 100 feet previously dedicoted for Store Highwoy #846, Grid less the Eost 10 feet, ond the West 10 feet thereof, Section .30, Township 48 South, Ronge 27 Eost, Collier County, Florido. Contoining 7.675 ocres more or less. SCALE AS NOTED [DAT~ REVISED 2/11/02/ 10/O1 FLA. LIC. NO~. 5834/' NOT VALID W1THOU.T ]lie SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA UCENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION .II~ WILKISON & ~ ASSOCIATES ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643-2-404 FAX NO. (941) 643-5173 FLORIDA BUSINESS LICENSE NO. LB5770 SEC/SUB W.O. NO./ DRAY~N BY I FILE NAME 30/48/27 0014.1 EAW I 00-018-00.DWG SHEET ~ FB PG CHECKED BY~ DWG. NO. 1 OF 1 DdH / IR-L-115B 2 6 FEE SIMPLE INTEREST PARCEL# 115C EXHIBIT N R/w N OR.._~ LIN F-._.~.~ IMM__?KALEE ROAD -- S.R. 846 DESCRIPTION: The Northerly 178.64 feet, of the East 10.00 feet, of the West 660 feet of the Northwest 1/4, less the North 100.00 feet previously dedicated for State Highway #846, Section 30, Township 48 South, Range 27 East, Collier County, Florida. Containing 0.018 acres more or Jess. SCALE AS NOTED DATE 02/02 0 50 100 15C ~ 660' ~ ~10' NOT TO SCALE: Notes: 1. This is not a survey. 2. Basis of bearing is N/A. 3. Subject to easements, reservations and restrictions of record. DAVID O. HY,~'~tT, Ff..~: (FOR THE FIRM) FLA. UC. NQ~' 5834.// NOT VALID ~THOUT THE SIGNATURE AND THE ORIGINAL RAISEB SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION WILKISON & ~ASSOCIATES INC. m ENGINEERS, SURVEYORS AND PLANNERS .3506 EXCHANGE AVE. NAPLES, FLA. 34104. (94-1) 64,.3-2404 FAX NO. (94-1) 645-517,.3 FLORIDA BUSINESS LICENSE NO. LB5770 SEC/SUB W.O. NO. DRAWN BY FiLE NAME 30/~8/27 0014.1 EAW 00-018-O0.DWO SHEET Fl] PG CHECKED BY J DWG. NO. I 1 OF 1 DJH I t IR-L-115C 4AR 2 6 FEE SIMPLE INTEREST PARCEL # 116 _1oo' R/w iMMoKALEE~ 6ROAD~' - ------- S.R. 84 EXHIBIT 33.26' 4 ROYAL WAICH, ~NC. O.R. 1399, PG. 807 Notes: 1. This is not a survey. 2. Basis of bearing is N/A. 3. Subject to easements, reservations and restrictions of record. DESCRIPTION: 0 50 100 15C NOT TO SCALE: The Northerly 78.84 feet, together with the Scutherly 9.94 feet, of the Northerly 88.78 feet, of the Easterly .3.3.25 feet, of the West .325 feet, of the North 1/2, of the East 1/2 of the West 1/2 of the Northwest 1/4, less the North 100 feet, previously dedicated for State Highway ~846, Section .30, Township 48 South, Range 27 East, Cotlier County, Florida. Containing 0.565 acres more or less. I~AWD d. H.Y',~CFT, p.,,~.""(FOR THE FIRM) FLA. LICo NO. 5834 NOT VALID W1THOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER ISCALE AS NOTED REVISED 3/8/02 j 10/01 REV1SED 3/6/02 / SKETCH AND DESCRIPTION ~l~ WlLKISON 8( ~ASSOCIATES II ~N¢.I ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 64.3-2404 FAX NO. (941) 643-517.3 FLORIDA BUSINESS LICENSE NO. Le5770 SEC/SUB W.O. NO. J DRAWN BY / FILE NAME 30/48/27 0014.1] EAW/ O0-018-O0.DWG SHEET FB PG CHECKED BY DWG. NO. 1 OF 1 DdH IR-L-116 ! FEE SIMPLE INTEREST PARCEL# 117 _~oo' ./w IMMOKALEE ROAD EXHIBIT A 78 <<. J. m~o ).F 000,. Notes: 1. This is not a survey. 2. Basis of bearing is N/A. .3. Subject to eosements, reservations ond restrictions of record. 0 5O 100 150 NOT TO SCALE: DESCRIPTION: The Northerly 88.78 feet, of the West 100 feet of Northeast 1/4, of the Northeast 1/4, of the Northwest 1/4 of the Northwest 1/4-, less the North 100 feet road-way for State Highway #846, Section .30, Township 48 South, Range 27 East, Collier County, Florido. Containing 0.197 acres more or less. SCALE AS NOTED 10/01 · HY/~T, P.S.M)/(FOR THE FIRM) FLA. UC. NOi. 5834//' NOT VAUD ~ll-.lOUCr THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION .~~ WILKISON &: ~ASSOClATES W W IN(;. ~ ENGINEERS, SURVEYORS AND PLANNERS ,3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643-2404 FAX NO. (941) 643-5173 FLORIDA BUSINESS LICENSE NO. LB5770 SEC/SUB W.O. NO. DRAWN BY FiLE NAME 30/48/27 0014.1 EAW O0-018-O0.DWG SHEET FB PG CHECKED BY DWG. NO, 1 OF1 DJH IR-L-117 FEE SIMPLE INTEREST PARCEL # 118A iMMoKALEE ROAD S.R. 846 15 ANET RoMANO O~..~ 1:39:3, PG. 15:3( EXHIBIT Pag~of Notes: 1. This is not o survey. 2. Basis of bearing is N/A. 3. Subject to easements, reservations and restrictions of record. DESCRIPTION: 50 100 150 NOT TO SCALE: The Northerly 88.78 feet, of the Northeast 1/4, of the Northeast 1/4, of the Northwest 1/4 of the Northwest 1/4, less the West 100 feet end less the East 50 feet and less the 100 feet. thereof, Section 30, Township 48 South, Range 27 East, Collier County, Florida. Containing 0.391 mcres more or less. ISCALE AS NOTED DAlE REV1SED 2/11/02/ 10/01 I~AVID 'd. HY,/CFI'. P.S.~. ,~OR THE F FLA. LIC. NO: 5854. ,x NOT VALID VamOUT*THE SIGNATURE AND THE ORIGINAL RAISED SEAt. OF A FLORIDA LICENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION WILKISON & ~lll~, A S S 0 C I AT E S INC. 1 ENGINEERS, SURVEYORS AND PLANNERS 25506 EXCHANGE AVE. NAPLES, FLA. 254104 (941) 643-2404 FAX NO. (941) 643-5173 FLORIDA BUSINESS LICENSE NO. LB5770 30/48/27 0014.1 LAW 00-018-O0.DWG SHEET FB PG CHECKED BY DWG. NO. 1 OF 1 DJH IR-L-lISA FEE SIMPLE INTEREST PARCEL # I 18B 100' R/W NORTH LINE OF SEcllO.__~N 30_ ~MMOKALEE ROAD ~ _ DESCRIPTION: The Northerly 188.78 feet, of the East 30.00 feet, of the Northwest 1/4, of the Northwest 1/4, less the North 100.00 feet previously dedicated for State Highway #846, Section 30, Township 48 South, Range 27 East, ColFer County, Florid(]. Containing 0.061 acres more or less. EXHIBIT i:~g~.22_or., 0 50 100 150 NOT TO SCALE: Notes: 1. This is not a survey. 2. Basis of bearing is N/A. 3. Subject to easements, reservations and restrictions of record. DAVID J.' ~,~A'F]'.~"~,;'5.M. (FOR THE FIRM) FLA. UC. Nb. 58'.¢4 NOT VALID W~THOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION · l~ WiLKiSON 8~ ~ASSOCIATES I I ~N¢. I ENGINEERS, SURVEYORS AND PLANNERS 5506 EXCHANGE AVE. NAPLES, FLA. 54104 (941) 643-2404 FAX NO. (941) 643-5173 FLORIDA BUSINESS LICENSE NO. LB5770 I W.O, NO. DRAWN BY FILE NAME 0014.1 EAW I 118B.DWO I FB PG CHECKED BYI OWG. NO. I DJH I SCALE SEC/SUB AS NOTED 50/48/27 IDATE SHEET IR-L-118B ~,j FEE SIMPLE INTEREST PARCEL # 120 EXHIBIT,,, _1oo' R/W iMMOKALEE ROAD CLEARY t'~OLO~'~GS' LL-C. O.R. 2B37, PG. ~,309 CLEARY HOLDINGS, LL.C. O.R. 2637, PG. 3309 CLF. ARY HOLDINGS, L.L.C. O.R. 2637, PG. 3309 NOT TO SCALE: N Notes: 1. This is not a survey. 2. Bas~s of bearing is N/A. 3, Subject to easements, reservoUons and restrictions of record. DESCRIP~ON: The Northerly 78.69 feet, together with the Southerly 9.78 feet, of the Northerly 88.47 feet, cf the Eostedy 53.84 feet, of the West 1/2 of the East 1/2 of the East 1/2, of the Northwest 1/4, AND, the East 1/2 of the Northwest 1/4 of the Northeast 1/4, of the Northwest 1/4, AND, the North 1/2 of the North 1/2 of the West 1/2 of the West 1/2 of the East 1/2 of the Northwest I/4, less the North 100 feet thereof. Sectlon .30, Townshlp 48 South, Range 27 East, Collier County, Fiat;do. Contcinlng 1,756 acres mare or )ess. / ~o/ol 0 50 100 150 NOT TO SCALE: ~AV~D j. i.liyA/yr. I-~-.~.MT/(FOR THE ) FLA, LIC. NO,/ 58.'.34 // NOT VALID 1MTHOUTX~A'HE S!GNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION ~l~ WILKISON & ~ ASSOCIATES I I INC. I ENOINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA..34104 (941) 643-2404 FAX NO. (941) 64.3-5173 FLORIDA BUSINESS LICENSE NO. LB5770 SEC/SUB t W.O. NO. IlI50/48/27m 0014. t DRAWN BY FiLE NAME I I LAW O0-018-O0.DWO / SHEET / FB pG CHECKED By DWG. NO. [ 1 OF 1 t DJH IR-L-120 FEE SIMPLE INTEREST PARCEL# 121 EXHIBIT ~oo' R/W ~ ~ NORT~H LINE O_._..F SECllON 30 IMMoKALEE ROAD 29 1.2 0 50 100 150 NOT TO SCALE: Notes: 1. This is not o survey. 2. Basis of beefing is N/A. 5. Subject to eesements, reserveUons end restrictions of record. DESCRIPTION: The Northerly 88.47 feet, of the Eost 1/2 of the Northeast 1/4, of the Northeost 1/4, of the Northwest 1/4, less the North 100 feet previously dedicoted for State Highway #846, end less the Eost 10 feet thereof, Section 30, Township 48 South, Rcnge 27 Eost, Collier County, Florida. Conteining 0.633 ecres more or less. DAVID J: H~/~TT,'P,/¢~¢~. (FOR THE FIRU) FLA. LIC. NO. 5~.]C~' NOT VALID ~THOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION lWl LKISON & TES ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643-2404 FAX NO. (941) 643-5173 FLORIDA BUSINESS LICENSE NO. LB5770 SCALE SEC/SUB AS NOTED ,$0/48/27 DATE SHEET 10/01 1 OF 1 W.O. NO. 0014.1 FB PG DRAWN BY I FILE NAME EAW t O0-018-O0.DWG CHEOKEB BY BWG. NO. DJH IR-L-121 FEE SIMPLE INTEREST PARCEL # 122 EXHIBIT_ R/W ~_~.....~ ~NORm LINE OF sECTION____30 IMMOKA EE ROAD ~ --~46 0 50 100 150 NOT TO SCALE: Notes: DESCRIPTION: The Northerly 178.38 feet of the East 10.00 feet, of the Northwest 1/4, less the North 100.00 feet previously dedicated for State Hlghwoy #846, together with, the Northerly 178.38 feet of the West 10.00 feet of the Northeast 1/4, less the North 100.00 feet previously dedicated for State Highway #846, Section 30, Township 48 South, Range 27 East, Collier County, Florida. Containing 0.036 acres more or less. SCALE lAS NOTED DATE 02/02 1. This is not a survey. 2. Basis of bearing is N/A. 3. Subject to easements, reservations and restrictions of record. BAWD J,' HCATT, '.F/.&'.M. (FOR THE FIRM) FLA. LIC. NO. 58~34 NOT VALID W1THOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION ~ll~l WlLKISON & ~ ASSOCIATES I I ~N¢o m ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643-2404 F~ NO. (941) 643-5173 FLORIDA BUS,NESS LICENSE NO. LB5770 SEC/SUB w.o. NO. 30/48/27 0014.1 SHEET FB PG 1 OF1 DRAWN BY i FILE NAME EAW/ 122.DWG CHECKED BY DWO. NO. DJH IR-L-122 FEE SIMPLE INTEREST PARCEL # 123 EXHIBIT ~%00' R/W ~~MMOKALEE _ROAO Notes: 1. This is not o survey. 2. Basis of bearing is N/A. ,.3. Subject to easements, reservations end restrictions of record. 0 5O lO0 15( NOT TO SCALE: DESCRIPTION: The Northerly 78.38 feet, of the North One Half of the West 335 feet of the Northwest 1/4 of the Northeast I/4, less the North 100 feet, previously dedicated for State Highway #846, and less the west 10 feet. thereof, Section 30, Township 48 South, Range 27 East, Collier County, Florida. Containing 0.358 acres more or tess. THE ORIGINAL RAISED SEAL OF A FLORtB,~ LICENSED SURVE:YOR AND MAPPER SKETCH AND DESCRIPTION · l~ WlLKISON &: ~lml~ AS S O C IATES ~ ~ ~N¢o I ENGINEERS, SURVEYORS AND PLANNERS .3506 EXCHANGE AVE. NAPLES, FLA..34104 (941) 64,3-2404 FAX NO. (941) 64,3-5173 FLORIDA BUSINESS LICENSE NO. LB5770 SCALE SEC/SUB lAS NOTED 30/48/27 I DAlE I SHEET I =o?o OF1 W.O, NO. 0014.1 FILE NAME DRAWN BY EAW I CHECKED BY DJH 00- 018- O0.DWG FB PG DWG. NO. IR-L-123 A_ ..NDA ITEM FEE SIMPLE INTEREST PARCEL# 124 EXHIBIT P~a~.-~ o,_..~_ _~oo' R/W 55 GARY L, MYERS LINDA L. MYERS O.R. 2431, PG. 1. This is not o survey. 2. Basis of bearing is N/A. 5. Subject to easements, reservotions and restrictions of record. 0 50 100 150 :--- / --20( / / --53" / NOT TO SCALE: DESCRIPTION: The Northerly 78..38 feet, of the East 200' feet, of the West 5,35 feet of the Northwest 1/4, of the Northwest 1/4 of the Northeast 1/4, less the North 100 feet, previously dedicated for State Highway #846, Section ,30, Township 48 South, Range 27 East, Collier County, Flor;da. Containing 0.558 ocres more or less. DAVID J."HYi~JJ'T, _P.~. (, OR THE FIRM) FLA. UC. NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LJCENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION II~ WILKISON & ~ASSOCIATES ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA..34104 (941) 643-2404 FAX NO. (941) 64.3-5173 FLORIDA BUSINESS LICENSE NO. LB5770 SCALE SEC/SUB W.O. NO. DRAWN BY FILE NAME :AS NOTED 30/48/27 0014.1 EAW O0-018-O0.DWG DATE SHEET FB PG CHECKED BY DWG. NO. 10/01 1 OF 1 DJH IR-L-124 FEE SIMPLE INTEREST PARCEL # 125 IMMoKALE£. _ROAD EXHIBIT,,), 34( ~ u~~- ..Jo Notes: 1. This is not a survey. 2. Basis of becring is N/A. 5. Subject to easements, reservations and restrictions of record. 0 5O lO0 150 NOT TO SCALE: DESCR!PTION: The Northerly 78.38 feet, of the East 125' feet, of the West 660 feet of the Northwest 1/4, of the Northwest 1/4 of the Northeast 1/4, less the North 100 feet, prev!ously dedicated for State Highway #846, Section 30, Township 48 South, Range 27 East, Collier County, Floridc. Containing 0.195 acres more or less. DAdO J..~,~. P.S~r.'~FOR THE r ) f~. UC. ~. 583~/ NOT VALID ~m~ mE SI~NA~RE AND THE ORIGINAL R~ISED SEAL OF A FLORIDA LICENSED SUR~YOR AND MAPPER SCALE AS NOTED DATE 10/01 SKETCH AND DESCRIPTION ~~, WlLKISON &: ~mi~ AS SO C IATES ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 64~-2404 FAX NO. (941) 645-5173 FLORIDA BUSINESS LICENSE NO. LB5770 SEC/SUB W.O. NO. DRAWN BY / FILE NAME 30/48/27 0014.1 EAWI O0-018-O0.DWG SHEET FB PG CHECKED BY DWG. NO. 1 OF 1 DJH IR-L-125 FEE SIMPLE IN'I'EREST PARCEL# 126 EXHIBIT, CORNER ~MMoKALEE _ROAD ~-~--~-- '~'-'.R. 84-6 L3 L9 1.14 LOtS NEFF JOAN GOODN~GHT O.R. 73g, PG. 1268 ~ ~660' 335'~ ~ ~ NOT TO SCALE: LINE TABLE LINE LENGTH BEARING L1 100.05 N02'13'14"W L2 643.74 N86"03'16"E L3 321.87 N86'O3'16"E L4 88.24 NO2'17'52"W L5 53.66 N86'O3'16"E L6 10.00 NO3'56'44"W L7 129.75 N 86'03'16"E L8 19.99 NO3'56'44"W L9 109.21 N86'O3'16"E LIO 19.81 NO3'56'44"W Lll 28.99 N86'O3'16"E L12 78.41 NO2'16'23"W 0 5O lO0 150 DAV1D J. HYA]~, P.S.;.I~FOR THE FIRM) FLA. LIC. NO. 5834~/ NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA UCENSED SURVEYOR AND MAPPER SCALE l AS NOTED DATE tlO/Ol SKETCH AND DESCRIPTION ~l~ WILKISON &: ~mi ASSOCIATES I I INC. I ENGINEERS, SURVEYORS AND PLANNERS .3506 EXCHANGE AVE, NAPLES, FLA..34104 (94.1) 643-24.04 FAX NO. (94.1) 64-.3-5173 FLORIDA BUSINESS LICENSE NO. LB5770 SEC/SUB I W.O. NO. DRAWN BY I FILE NAME 30/48/27t 0014.1 EAW ] OO-018-OO. DWG SHEET I FB PG CHECKED BYI DWG. NO. 1 OF 2 / DJH I IR-L-126-I FEE SIMPLE INTEREST PARCEL # 126 EXHIBIT_ __ Description: A portion of the East 660 feet of the West 1/2 of the Northeast 1/4, less the East 335 feet thereof, and less the North 100 feet preWously dedicated for State Highway ~/846, end less the South 10 feet thereof. Section 30, Township 48 South, Range 27 East, Cailler County, Florida, being more particularly described as fo:lows: Commence at the North 1/4 Corner of said SecUon 30; thence South 02'13'14" East, along the 1/4 section line of said Sect[on 50, for o distance of 100.05 feet, to o point on the existing south rk:jht-of-way llne of State Rood #846 Ommokalee Rood); thence North 85'03'16' East, along said south right-of-wcy tine, for a distance of 643.74 feet, to the POINT OF BEGINNING of the herein described parcel; thence continuing North 86'03'16" East, along said south right-of-way line, for o d~stance of 521.87 feet; thence South C2'17'52" East, for a distance of 88.24 feet; thence South 86'03'16" West, for a distance of 55.68 feet; thence North 03°56'44' Wes[, for o distance of 1Q.O0 feet; thence South 85'05'16" West, for o dlstonce of 129.75'feet; thence South ,03°56'44' East, for a distance of 19.99 feet; thence South 86'03'16" .West, fat's distance of 109.21 feet; 'thence North 03'56'44" West, for a d~stance of 19.81 feet; thence South §6'05'16" West, for o distance of 28.99 feet; thence North 02'16'25" West, for a distance of 78.41 feet, to the POINT CF BEGINNING; Containing 0.640 acres, more or less. Notes: 1. This is not a survey. 2. Basis of bearing is state plane coordinates, Florida East Zone. 3. Subject to easements, reservations and restrictions of record. 4. P.O.C. = Point of Commencement P.O.B. = Point of Beginning 5. Not valid without Sheet 1 of 2 depicting Sketch of Description and bearing the original signature and embossed seal of a Florida registered Surveyor and Mcpper. SKETCH AND DESCRIPTION .~~ WlLKISON &: ~ASSOCIATES W W INC. M ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643-24.04 FAX NO. (9¢1) 643-5173 FLORIDA BUSINESS LICENSE NO, LB5770 SCALE AS NOTED DATE 1 O/O1 SEC/SUB w.o. NO. FILE NAME 30/4-8/27 0014.1 00-018-00.DWG SHEET F8 PG DWG. NO. 20F2 DRAVYN BY I EAW I CHECKED BY DJH IR-L-126-2 2 S- 2E,32 FEE SIMPLE INTEREST PARCEL# 127 EXHIBIT _~oo' R/w °^° ~8~6 1. This is not a survey. 2. Basis of bearing is N/A. 3. Subject to easements, reservations and restrictions of record. 0 50 100 t5( ~ ~-- [150' -- EAST NOT TO ;CALE: DESCRIPTION: The Northerly 88.20 feet, of the West 150' feet of the East 1/2, of the North 1/2 of the Northeast 1/4, of the Northwest 1/4. of the Northeast 1/4. less the North 100 feet, previously dedlcoted for rood rlghtaway, Section 30, Township 48 South, Range 27 East, Cailler County. Florida. Containing 0.304 acres more or less. SCALE DATE ~o/o~ DA'V1D J. RYA/~, P'.S.~I//~FOR THE FIRM) FLA, LIC. N0.~5834// NOT VALID W1THOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION ~l~I WlLKISON &:: '~III ASS OC IAT ES '~, '~ ~N(:::;o i ENGINEERS, SURVEYORS AND PLANNERS ,3506 EXCHANGE AVE. NAPLES, FLA. ,34'104- (941) 643-2404 FAX NO. (941) 643-517,3 FLORIDA BUSINESS LICENSE NO. LB5770 SEC/SUB W.O. NO. FILE NAME AS NOTED 30/48/27 0014.1 O0-018-O0. DWG SHEET FB PG DWG. NO. 1 OF1 DRAWN BY J EAW J CHECKED BY J DJH J IR-L-127 2 8 2:.;2 FEE SIMPLE INTEREST PARCEL # 128 EXHIBIT _~.--- ~oo' ~ N_~O~TH UNE OF S£C~ON 30 -- IMMOKALEE ROAD - s.-g-. 8 pTION NOT TO SCALE: N 0 50 100 150 Notes: 1. This is not a survey. 2. Basis of bearing is N/A. 3. Subject to easements, reservations and restrictions of record. DESCRIP~ON: The Northerly 88.20 feet of the East One Half, of the North One Half, of the North East Quarter, of the North West Quarter, of the North East Quarter, less the North 100' feet rightofwoy, less the East 30' feet thereof for egress and ingress, and the West 150' feet thereof. Section 30, Township 48 Sour:h, Range 27 East, Collier County, Florida. Containing 0.287 acres more or less. SCA~ AS NOTED DA~ 10/01 DAV1D d.' I.'~Al-l', P_~.~. (FOR THE FIRM) FLA. Uc. r~o. NOT VAUD ~mOUT THE S~CN^TURE AND T~E OR~C~NAL RA~SEO SEAL OF A FLOR~OA UCENSEB SURVEYOR AND MAPPER SKETCH AND DESCRIPTION ~~ WILKISON & ~ ASSOCIATES 29/48/27 0014.1 SHEET FB PG ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643-2404 FAX NO. (941) 643-5173 FLORIDA BUSINESS LICENSE NO. LB5770 SEC/SUB w.o. NO. DRAWN BY FILE NAME EAW 00-018-O0.DWG CHECKED BY DWG. NO. 1 OF 1 DJH IR-L-128 FEE SIMPLE INTEREST PARCEL # 129A oo' ~SEC~O~N IMMOKALEE ROAD EXHIBIT 0 50 100 15C F ~ ~30' NOT TO SCALE: Notes: 1. This is not a survey. 2. Basis of bearing is N/A. 3. Subject to easements, reservations and restrictions of record. DESCRIPTION: The Northerly 188.20 feet, of the East 30.00 feet of the Northwest 1/4, of the Northeost 1/4, less the North 100.00 feet previously dedicoted for Store Highwoy #846, Section .50, Township 48 South, Ronge 27 Eost, Colller County, Rorido. Contoining 0.061 ocres more or less. DAVID J. ~,'TT, p.sjCr¢. (FOR THE FIRM) FLA. LIC. NO', 5834/" NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION .~J~J, WlLKISON &: ~~, ASSO C IATES W W ~~N¢om ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643-2404- FAX NO. (941) 643-5173 FLORtDA BUSINESS LICENSE NO. LB5770 [SCALE [ SEC/SUBI W.O. NO. 0014.1 FB PG DRAWN BY J FILE NAME EAW J 129A.DWO CHECKED BY/ DWG. NO. DJH J IR-L-129A FEE SLMPLE INTEREST PARCEL # 129B EXHIBIT ~oo' R/W UOa~ UNE OF SECnOU 30 iMMOKALEE ROAD~ _--- N O 50 100 150 NOT TO SCALE: Notes: 1. This is not a survey. 2. Basis of bearing is N/A. 3. Subject to easements, reservations ond restrictions of record. DESCRIPTION: The Northerly 178.00 feet, of the West 50.00 feet, of the Northeast 1/4, of the Northeast 1/4, less the North 100.00 feet previously dedicated for State Highway #846, Section 30, Township 48 South, Range 27 East, Collier County, Florida. Containing 0.054 acres more or less. SCALE lAS NOTED DATE 02/02 ¢..-..~r', / ~ ..'9 ' DA~D J. HYATT. P.,~'M. (FOR THE FIRM) FLA. LIC. NO. 5834, NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION ~l~II WILKISON & ~lal ASSOCIATES I I ~N¢. m ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA..34104 (941) 643-2404 FAX NO. (941) 643-5173 FLORIDA BUSINESS LICENSE NO. LB5770 SEC/SUB I W.O. NO. J DRAWN BYj FILE NAME FEE SIMPLE INTEREST PARCEL # 130 EXHIBIT 1.8 JANET RoMANO O.R. ~429, PG. 957 Notes: 1. This fs not a survey. 2. Bas;s of bearing is N/A. .3. Sub~ect to easements, reservations and restrictions of record. 0 50 100 150 NOT TO ;CALE: DESCRiPqON: The Northerly 78.00 feet, of the South 260 feet of the North .360' of the West 1/2 of the Northwest 1/4, of the Northeast 1/4, of the Northeast 1/4 of Section 50, Township 48 South, Range 27 East, Collier County, Florida, less the West 50 feet thereof. Containing 0.525 acres more or less. ~AV~O d. HY/~, P.S.~/(~-OR THE FIRM) FLA. LIC. NO.~ 58.34// NOT VALID WITHOUCt/THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION l~l~ WlLKISON &: ~ ASSOCIATES ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643-2404 FAX NO. (941) 64;3-5173 FLORIDA BUSINESS LICENSE qO. LB5770 SCALE I sEc/sue AS NOTEDISO/48/27 DATE / SHEET W.O. NO. J DRAWN BY 0014.1 I EAW FB PG I CHECKED BY DJH FILE NAME 00--018-O0.DWG DWG. NO. IR-L-150 FEE SLMPLE INTEREST PARCEL # 131 EXHIBIT A Page ~ of 155 _mo' R/W 2 SARA SINCLAIR ELLENBURG JAMES C. ELLENBURG TRUST O.R. 1516, PG. 2279 ,.05' Notes: 1. This is not a survey. 2. Basis of bearing is N/A. 5. Subject to easements, reservations and restrictions of record. 4. Potent tract descriptions ore presented here verbatim from the provided descriptions. DESCRIPTION: The Northerly 78.00 feet, together with the Southerly 9.83 feet, of the Northerly 87.83 feet, of the Easterly 25.05 feet, of the East 325 feet of the West 660 feet of the East. 1/2 of the Northeast 1/4, tess the North 100 feet previously dedicated for rood rightoway, and less the 0 50 100 15( south 10 feet thereof, Section 30, Township 48 South, Range 27 East, Collier County, Florida. Containing 0.582 acres more or less. 325' NOT TO SCALE: [~AV~D J. HY/~;rT, P.S.M/~F'OR THE FIRM) FLA. LlC. NO." 5834 // NOT VALID WITHOUT/TNE SIGNATURE AND THE ORIGINAL RAISE~ SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION WILKISON & ~Jlml~ AS S ac IAT E S iNC. ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (9¢1) 643-2404 FAX NO. (941) 643-5173 FLORIDA BUSINESS LICENSE NO. LB5770 SCALE SEC/SUB j W.O. NO. AS NOTED 3o/48/27j oo~4.1 I DRAWN BY [ FILE NAME EAW I OO-018-O0.DWG CHECKED BYI DWG. NO. DJH / IR-L-131 ._.,,e.~.l 00' FEE SIMPLE INTEREST PARCEL # 132 EXHIBIT 13.1 CAP vENTURE OF cOLLIER coUNT'(, INC. O.R. '~49g, PG. '~210 Notes: 1. This is not o survey. 2. Bcsis of bearing is N/A. 5. Subject to easements, reservations and restrictions of record. 0 50 100 150 NOT TO SCALE: DESCRIPTION: The Northerly 87.8.3 feet, of the West 1/2 of the Northeast 1/4 of the Northeast 1/4, of the Northeast 1/4, LESS the East 50 feet and LESS the North 100 feet, AND the West 1/2 of the Southeast 1/4 of the Northeast 1/4, of the Northeast 1/4, Less the East 50 feet, Section .30, Township 48 South, Range 27 East, Collier County, Florida. Containing 0.589 acres more or less. ~' - / ,,'Z /1 .. DAVID ,J." J~PPATT, p.~;t'. (FOR me FIRM) FLA. LIC. LNO. 583,4;/ .. NOT VAUD ~THOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA UCENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION '~,j,~lll~, WILKISON & ~ ASSOCIATES ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643-2404 FAX NO. (941) 643-5173 FLORIDA BUSINESS LICENSE NO. LB5770 oo -1 REUSED 2/11/02~ ~ / / J .R-L-152 FEE SIMPLE INTEREST PARCEL # 133 EXHIBIT 1oo' R/W NORTH LINE OF sECTION IMMOKALEE ROAD DESCRtPT;0N: The Northerly 187.83 feet, of the East 30.00 feet, of the West 1/2, of the Northeast 1/4, of the Northeast 1/4, of the Northeast 1/4, less the North 100.00 feet previously dec:coted for Store Highway #846, Section 30, Township 48 South, Ronge 27 Eost, Coil;er County, Florida. Contcining 0.061 ccres more or less. SCALE AS NOTED DATE 02/02 0 50 100 150 NOT TO SCALE: Notes: 1. This is not a survey. 2. Basis of bearing is N/A. 5. Subject to easements, reservations end restrictions of record. DAV1D J. HY .¢~T, J~:S.~'." (FOR THE FIRM) FLA. LIC. NC~' 5834 ~ NOT VALID ~OUT/~E SIGNA~RE AND ~E ORIGINAL RAISED SEAL OF A FLOR[DA UCENSED SUR~YOR AND MAPPEE SKETCH AND DESCRIPTION WlLKISON & ~ASSOCIATES INC. I ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 54104 (941) 643-2404 FAX NO. (941) 643-5175 FLORIDA BUSINESS LICENSE NO. LB5770 SEC/SUB W.O. NO. DRAWN BY J FILE NAME I 50/48/27 0014.1 EAW I I SHEET FB PG CHECKED BY I DWG. NO, I 1 OF 1 DJH I / 155.DWG IR-L-133 X'r R ST EXHIBIT PARCEL # 134 _~oo' R/W N 82 Notes: 1. This is not o survey. 2. Basis of bearing is N/A. .3. Subiect to eosements, reservations ond restrictions of record. 0 50 100 150 NOT TO SCALE: DESCRIPTION: The Northerly 77.73 feet, of the Eost 100 feet of the West 200 feet, and the West 100 feet, of the Eost 1/2 of the Northeost 1/4, of the Northeast 1/4, of the Northeast 1/4, less the North 100 feet reserved for Highwoy #846, Section 30, Township 48 South, Range 27 Eost, Coqier County, Florid~. Containing 0.357 ccres more or less. SCALE AS NOTED DATE lO/Ol i, Hi lc~ NOT VALID WITHOLf~ THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION l~=l WILKISON &: ~ ASSOCIATES I I INC. I ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104- (941) 643-2404 FAX NO. (941) 643-5173 FLOR[OA BUSINESS LICENSE NO. LB5770 SEC/SUB W.O. NO. J DRAWN BY J FILE NAME 30/48/271 0014.1 J EAW / O0-018-O0.OWO SHEET I FB PG CHECKED BY DWG. NO. 1 OF 1 J DJH IR-L-134 FEE SIMPLE INTEREST PARCEL # 135 EXHIBIT Pa~e q$ of N Notes: 1. This is not c survey. 2. Bosis of beoring is N/A. 3. Subject to eosements, reservotions ond restrictions of record. DESCRIPTION: 0 50 100 15C NOT TO SCALE: The Northerly 77.7,3 feet, of the Eost 1/2 of the Northeost 1/4, of the Northeost 1/4, of the Northeost 1/4, less the west 200' feet, ond the Eost 10' thereof, olso less the North 100 feet reserved for Highwoy //846, Section 30, Township 48 South, Ronge 27 Eost, Collier County, Flor;do. Containing 0.200 ecres more or DAVID J. H'~,TT,,//I~.S.fA..,~dR THE FIRM) F~. LIC. NO. ~34 // NOT VALID ~OUT~E SIGNA~RE AND THE ORIGINAL RAIS~ SEAL OF A ~ORIDA LICENSED SUR~YOR AND MAPPER less. SKETCH AND DESCRIP~ON ~l~I WlLKISON & ~ ASSOCIATES I I IN(:?. I ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643-2404 FAX NO. (941) 643-5173 FLORIDA BUSINESS LICENSE NO. LB5770 SCALE SEC/SUB lAS NOTED 30/48/27 I DATE ISHEET lO/O1 ) i OF 1 W.O. NO. 0014.1 FB PG DRAGON BY t FILE NAME EAW I O0-018-O0.DWG CHECKED BY DWG. NO. DJH IR-L-155 h /el/ti , ,;-,,, 2~ S LCJZ ~---- 1 o0' R/W NORTH 'LINE OF iMMOKALEE ROAD FEE SIMPLE INTEREST PARCEL # 136 EXHIBIT, N 0 50 100 150 NOT TO SCALE: Notes: DESCRIPTION: The Ncrtherly 177.73 feet, of the Eost 10.00 feet, of the Northeost 1/4, less the North 100.00 feet previously dedicoted for Store Highwoy #846, Section 30, Township 48 South, Ronge 27 Eost, Collier County, Florido. Containing 0.018 ocres more or less. 1. This is not o survey. 2. Bosis of bearing is N/A. 5. Subject to eosements, reservotions ond restrictions of record. FLA, LIC, NO. 58~ NOT VALID ~OUT ~E SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA UCENSED SUR~YOR AND MAPPER SKETCH AND DESCRIPTION ~~ WILKISON & ENGINEERS, SURV~ORS AND ~NNERS 3506 EXCHANGE AVE. ~LES, F~. 34104 (941) 643-2404 F~ NO. (941) ~43-5173 FLORIOA BUSINESS LICENSE NO. LB5770 SCALE: I SEC/SUB W.O. NO. I / DRAWN BY FILE NAME EAW I 136.DWG CHECKED BY/ DWG. NO. DJH / IR-L-136 FEE SIMPLE INTEREST PARCEL # 137 EXHIBIT3 [ ---10o' R/, W [MMOKALE£ 30' -- ~F SECllON 29 NORTH LINE 0 ROAD 46 0 50 100 150 ~30' NOT TO SCALE: Notes: DESCRIPTION: The Northerly 178.03 feet, of the West 30.00 feet, of the Northwest 1/4, of Section 29, Township 48 South, Range 27 East, less the North 100.00 feet previously dedicoted for State Highway #846, Collier County, Florida. Contain;ng 0.054 acres more or less. SCALE AS NOTED DATE 02/02 1. This is not a survey. 2. Basis of bearing is N/A. 3. Subject to easements, reservations and restricUons of record. OAV~D J.'H~AT'¢, '~/~.~. (FOR THE FIRM) FLA. LIC. NO, 584.x4 NOT VAUD WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER SKETCH AND DESCRiPTiON .~~ WlLKISON &: ~ ASSOCIATES W W ~N¢. I ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. ;34104 (941) 643-2404 FAX NO. (941) 643-5173 FLORIDA BUSINESS LICENSE NO. LB5770 SEC/SUB 29/48/27 SHEET 10F1 W.O. NO. DRAWN BY FILE NAME 0014.1 EAW 137.DWG FB PG CHECKED BY DWG. NO, DJH IR-L-137 FEE SIMPLE ],~TEmZST EXHIBIT PARCEL # 138 Page~of r NOT TO SCALE: DESCRIPTION: 0 100 200 300 Notes: 1. This is not a survey. 2. Basis of bearing is N/A. 3. Subject to easements, reservations and restrictions of record. The Northerly 78.05 feet, together with the Southerly 570.44 feet, of the Northerly 448.48 feet, of the Easterly 560.58 feet, of the West 1/2 of the West 1/2 of Section 29, Township 48 South, Range 27 East, Less the North 100 feet for road right-of-way purposes and LESS the West 50 feet thereof for road right-of-way purposes, Collier County, Florida. Containing 7.016 acres more or less. ,c>¢., -t// ;'/ DAVID J. H~/,ATT, P~.J~'J (FOR THE FIRM) fLA. Uc. UO. 6B~ NOT VALID ~OUT ~E SIGNA~RE AND mE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SUR~YOR AND MAPPER SKETCH AND DESCRIP~ON REVISED 2/11/02 WILKISON & ~ASSOCIATES INC. ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 54104 (941) 643-2404 FAX NO. (941) 643-5173 FLORIDA BUSINESS LICENSE NO. LB5770 W.O. NO. DRAWN BY ~ FILE NAME I 0014-.1 EAW J 00-018-00.DWG I FB PG CHECKED BY J DWO. NO. I DJH J IR-L-158 SCALE SEC/SUB AS NOTED 29/48/27 DATE SHEET 10/01 1 OF 1 FEE SIMPLE INTEREST PARCEL// 139 EXHIBIT.,, /' ~-~-~-- ._...-100' R/W sECTiON 29 O_F ------ _~)_~A_~EE ROAD_ - ~ - ------- S.R. 846 N NO3'59'.3,7"W 20.06 O.R. 1257. pG. 904' JO^N $. O.R. 1257, PG. 906 I DESCR;PTION: A portion of the W 1/2 of the NE 1/4 of the NW 1/4, and the NE 1/4 of the NE1/4 of the NW 1/4 of Section 29, Township 48 South, Range 27 East, Less the North 100 feet thereof, previously dedicated for State Highway purposed, Collier County, Florida. more pcrt;culady described os follows: Commence ct the North 1/4 Corner of so~d Section 29; thence South 02'22'23" East. along the east line of the Northwest 1/4 of said Section 29, for o distance of 100.04 feet, to o point on the Southerly Right-cf-Way line of State Rood #846 (Immokalee Road) and the POINT OF BEGINNING of the hereln described parcel; thence continuing, South 02'22'23' Ecst, along the said East llne, for o distance of 88.99 feet: thence South 86'00'23' West, for a distance of ,328.55 feet; thence North 03'59'37" West, for a distance of 10.00 feet; thence South 86'00'23" West, fcro d~stance of 342.35 feet; thence South 03'59'37" East, for o distance of 19.73 feet; thence South 86'00'23" West, for o distance of 109.24 feet; thence North 0.3'59'37" West, for o distance of 20.06 feet; thence South B6'00'23" West, for o distance of 505.83 feet; thence North 02'23'24' West, for o distance of 78.65 feet, o!ong the west Hne of the Northeast 1/4 of the Northwest 1/4 of said Section 29; to o point on said Southerly Right-of-Way Une; thence North 86'00'23" East, along said Southerly Right-of-Way Line, for o distance of 1,286.29 feet, to the POINT OF BEGINNING; Contolning 2.452 acres, more or less. Notes: NOT TO SCALE 1. This is not a survey. 2. Basis of bearing is state pland coordinates, Florida East Zone. 3. Subject to easements, reservations and restrictions of record. 4. P.O.C. = Point of Commencement P.0.B. = Point of,Be, ginning / J~AV1D J. hY/~/TT.' I~.--~(FOR THE FIRM) FLA. UC. Ne. SS3~ NOT VALID ~mOUT ~E SlCNA~RE AND mE ORIGINAL RAISED SEAL OF A FLORIDA UC[NS~O SURe,OR ANO ~AP~R SKETCH AND DESCRIP~ON WlLKISON & ~iI~ ASSOCIATES INC. I SCALE lAS NOTED jDATE I 10/01 ENGINEERS, SURVEYORS AND PLANNERS .3508 EXCHANGE AVE, NAPLES, FLA..34104 (941) 643-2404 FAX NO. (941) 643-5173 FLORIDA BUSINESS LICENSE NO. LB5770 DRAWN BY J FILE NAME EAW J 00-018-O0.DWG CHECKED BY DWG. NO. DdH IR-L-13g SEC/SUB W.O. No.J 29/48/27 om4. j SHEET FB PG J 1 OF1 I FEE SIMPLE INTEREST PARCEL # 140A EXHIBIT Page 5o of 0 50 100 150 NOT TO SCALE: Notes: 1. This is not a survey. 2. Basis of bearing is N/A. 3. Subject to easements, reservations and restricUons of record. DESCRIPTION: The Northerly 179.18 feet of the West 30' feet of the North One Half of the North West Quarter of the Northeast Quarter, less the North 100.00 feet previously dedicated for State Highway #846. Section 29, Township 48 South, Range 27 East, Collier County, Florida. Containing 0.055 acres more or less. SCALE J SEC/SUB AS NOTEDJ29/48/27 OAT J SHEET 02/02 I 1 OF 1 ~AVID J, 'I~ATT,/~,S.M. (FOR THE FIRM) FLA. LIC. NO. ,~34. NOT VAUD W1THOUT THE SIGNATURE AND THE ORIG1NAL RAISED SEAL OF A FLORIDA LJCENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION '~,,~,,,~i, WlLKISON &: ~ ASSOCIATES '~' ~ .4c:o ~, ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643-'!:::)4 FAX NO. (941) 643-5173 FLORIDA, JdS:NESS LICENSE NO. LB5770 W.O. NO. DRAWN BY J FILE NAME I 0014.1 EAW J O0-018-O0.DWO ! FB PG CHECKED BY J DWG, NO, I DJH I IR-L-140A .o,_..LC: ..... C---__ FEE SIMPLE INTEREST PARCEL # 140B EXHIBIT ~oo' NORTH uNE,~._.OF S~c~O~N 29 ROAD__ 46 3o' 5. 1 AN~'HON¥ K. GIORDANO MAUREEN A. GIORDANO O.R. '1705, PG. 410 N 0 50 100 150 Notes: 1. This is not o survey. 2. Basis of be~:ring is N/A. 3. Subject to easements, reservations restrictions of record. NOT TO SCALE: DESCRIPTION: The Northerly 79.18 feet of the West Two Hundred Sixty Feet 260' of the North One Half of the North DA~B d~,/~,~,,,' West Quarter of the Northeast Quarter, less the West 30' feet, and the North 100' feet. Section 29, Township . H~ T,~.S.M. (FOR THE FIRM) aB South, Range 27 East, Collier County, Florida. FLA. LIC. 1~0. 5834 NOT VALID I//1THOUT THE SIGNATURE AND Containing 0.418 acres more or less. THE ORIGINAL RAISED SEAL OF A FLORIDA UCENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION 0014.1 EAW O0-018-O0.DWG FB PG CHECKED BY DWG. NO. DdH IR-L-140B SCALE I SEC/SUB AS NOTED 129/48/27 DATE I SHEET 02/02 / 1 OF 1 I~~WILKISON &: ~ ASSOCIATES ~ ~ ~INC.'" ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643-2404 FAX NO. (9',) 643-5173 FLORIDA BUSINESS LICENSE NO. L05770 FiLE NAME IMMOKALEE ROAD____ S.R. 846 FEE SIMPLE INTEREST PARCEL # 141 EXHIBIT.,,~ 54 42 , ' · GioRDANO w co ~ELEN J-R. ~ co z ' CHARLES ~. GIoRDANO ~_ L~ ~ J. Ld ~-u_ BETTY 5, PG. 410 ~-co - O.R. 883, P( 100' 360'4 NOT TO SCALE: L Notes: 1. This is not a survey. 2. Basis of bearing is N/A. 5. Subject to easements, reservations and restrictions of record. Description: The Northerly 79.18 feet of the East One Hundred (100') of the West 360', of the North One Half of the Northwest quarter of the Northeast quarter, less Right-of-Way, Section 29, Township 48 South Range 27, East, Collier County, Florida. Containing 0.182 acres, more or less. 0 50 100 150 SCALE AS NOTED DATE ~O/Ol DAVID J. ¢,Y~C/F,, THE FIRM) FLA. LIC. N(ZZ 5834,/~x NOT VALID WI TH O,U/]" TH E SIGNATURE AND THE ORIGINAL RAI'SEO SEAL OF A FLORIDA UCENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION ~l~ WILKISON &: ~ASSOCIATES I I ~N¢. I ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643-2404 FAX NO. (941) 643-5173 FLORIDA BUS[NESS LICENSE qO. LB5770 SEC/SUB t w.o. NO. 29/,8/27t oo1,,. I 1 OF1 ] DRAWN BY FILE NAME EAW CHECKED BY DJH O0-018-O0.DWG I OWO. NO. I IR-L-141 d FEE SIMPLE INTEREST PARCEL # 142 EXHIBIT IMMOKALEE ROAD __ S.R. 84-6 ES F. W~LSON ~- -~'~s-'R WILSON CH A~xLr-- · BETTY J' WILSON O.R. 885, PG. 1517 ~'F o,, NOT TO SCALE: DescrTption: The Northerly 79.18 feet of the East One Hundred (100') of the West .360', of the North One Half of the Northwest quarter of the Northeast quarter, less Right-of-Way, Section 29, Township 48 South Range 27, East, Collier County, Florida. Containing 0.364 acres, more or less. Notes: 1. This is not a survey. 2. Basis of bearing is N/A. 3. Subject to easements, reservations and restrictions of record. 0 50 100 150 · HYA/~, P.S.M./.grOR THE FIRM) fLA. uC. N0~'5834 // NOT VALID WlTHOUT ~TRE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A UCENSEO SURVEYOR AND MAPPER SKETCH AND DESCRIPTION IJ~ WlLKISON & ~ ASSOCIATES W W ~N¢. 1 ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (94-1) 643-2404 FAX NO. (941) 64,3-5173 FLORIDA BUSINESS LICENSE NO. LB5770 SCALE J SEC/SUB AS NOTED J29/48/27 DATE I SHEET 10/01 J 1 OF 1 W.O. NO. 0014.1 FB PC ! DRAWN BY J FILE NAME EAW I 00-018-00.DW0 CHECKED BY DWG. NO. DJH IR-L-142 FEE SIMPLE INTEREST PARCEL # 143 EXHIBIT v~oo' ~/w S.R. 846 9 ~7 .es: 1. This is not a survey. 0 50 100 15C 100' --/- 6SO'- / -- NOT TO SCALE: 2. Basis of bearing is N/A. 3. Subject to easements, reservations (:nd restrictions of record. DESCRIPTION: The Northerly 79.18 feet, of the East One Hundred (100) feet of the West 650 feet cf the ,North 1/2 of the Northwest 1/4. of the Northeast 1/4 less the North t00 feet previously dedicated for State Highway #846, Section 29, Township 4B South, Range 27 East, Collier County, Florida. Containing 0.182 ocres more or less. SKETCH AND DESCRIPTION .I~ WILKISON & ~ASSOCIATES I I INC. 1 SCALE SEC/SUB lAS NOTED 29/4-8/27 DATE SHEET 10/01 1 OF' 1 ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (9~) ~4a-2~04 FAX NO. (~41) FLORIDA BUSINESS LICENSE NO. LB5770 W,O. NO. J DRAWN BY FILE NAME I 0014.1I EAW J O0-O18-O0.DWG FB PG / CHECKED BY[ DWg. NO, DJH J IR-L-143 FEE SIMPLE INTEREST PARCEL # 144 XHIBIT_&__ age_.~_~__of ~ _~.~R/w I~OKALEE _~oAD 63 Notes: 1. This :s not o survey. 2. Bosls of beorlng is N/A. 3. Subject to easements, reservations and restrictions of record. o 50 10o ~ /~ 166.09' 660' ~ NOT TO SCALE: 150 DESCRiPTiON: The Northerly 79.18 feet of the foilowing described parcel. Commencing at the North one-quarter corner of Section 29,Township 48 South, Range 27 East, Collier Ccunty, Ftoridn. Thence l'South 32'29" East, 100.05 ~eet to the Southerly Boundary or Right of Way Line off State Rccd 846, thence North 86'49'46" East along scid R~ght of Way Line 660.00 feet to the point of beg;nnlng, thence South 1'32'29' East 560.00 feet. thence North 86'49'46" East 166.09 feet, thence North LICENSED SURVEYOR AND MAPPER !'20'20" West 560.00 feet to the Southerly Right-of-Way of State Rood 846, thence South 85'49'46" West along said Right-of-Way Line 166.61 feet to the point of beglnn/ng. Containing 0.182 acres SCALE AS NOTED DATE 10/01 SKETCH AND DESCRIP~ON WILKISON & ~ASSOCIATES INC. ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA..34104 (941) 643-2404 FAX NO. (941) 643-5173 FLORIDA BUSINESS LICENSE NO. LB5770 SEC/SUB W.O. NO. DRAWN BY FiLE NAME 29/48/271 0014.1 EAW t O0-O18-O0.DWG SHEET FB PG CHECKEO BYI DWG. NO. 1 OF 1 DJH 1 IR-L-144 AGENDA i~'EM FEE SIMPLE INTEREST PARCEL # 145 EXHIE T A r__~oo' "'"" ~_~TH ~N~ OF-~TtON iMMOKALEE ROAD - S.R. 3O 44 ( Notes: 1. This is not o survey. 2. Basis of bearing is N/A. 5. Subject to easements, reservations and restrictions of record. 0 50 100 150 NOT TO SCALE: DESCRIPTION: The Northerly 79.18 feet, of the West 100 feet of the East 460 feet of the Northeast 1/4, of the Northwest 1/4, of the Northeast 1/4, less the North 100 feet previously dedicated for State Highway #845, Section 29, Township 48 South, Range 27 East, Collier County, Florida. Containing 0.182 acres more or less. DAVID J. H/Y/ATT, .pC~.gt.' (FOR THE FIRM) THE SIGNA RE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER SCALE lAS NOTED IDATE 11O/Ol SKETCH AND DESCRIPTION .~~ WlLKISON &: ~ ASSOCIATES ~ ~ ~NC. I ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE, NAPLES, FLA. 34104 (941) 643-2404 FAX NO. (941) 643-5173 FLORIDA BUSINESS LICENSE NO. LB5770 SEC/SUB I W.O. NO. / DRAWN ByI FILE NAME 30/48/27t 0014.1 EAW / O0-O18-O0.DWG SHEET I FB PG CHECKED BY1 DWG. NO. 1 OF 1/ DJH / IR-L-145 iMMoK^LEE RoAD~ ______- ~ ~646 FEE SIMPLE INTEREST PARCEL # 146 EXHIBIT Page B-~ _of_3Jz._ 29 J6 0 0 OW_ 0 26 -5(204 0 O -D Notes: 1. This is not a survey. 2. Bosis of booting is N/A. 3. Subject to e6sements, reservations and restrictions of record. DESCRIPTION: 30' ExcEPTION NOt TO SCA~: The Northerly 79.18 feet, together with the Southerly 10.00 feet, of the Northerly 89.18 feet, of the Easterly 303.99 feet, of the East 360 feet of the Northeast Qucrter of the Northwest Quarter, of the Northeast Quarter less the East 30' feet, and the North 100' feet. Section 29, Township 48 South, Range 27 East, Collier County, Florida. Containing 0.700 acres more or less. 0 50 1 O0 150 SCALE lAS NOTED DATE J 10/01 · -tY/~('TT. P.,S-/AC. (FOR THE FIRU) FLA. LIC. t,[~D. 58,~/ NOT VALID ',.N1THOb"f THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SUR'¢EYOR AND MAPPER SKETCH AND DESCRtPTION II WILKISON & ~ ASSOCiAtES I I IN(:. I ENGINEERS, SURVEYORS AND PLANNERS ,3506 EXCHANGE AVE. NAPLES, FLA. 54104 (941) 643-2404 FAX NO. (941) 64.,3-517.3 FLORIDA BUSINESS LICENSE NO. LB5770 SEC/SUB W.O. NO. FILE NAME 29/48/27 0014.1 O0-018-O0. DWG SHEET FB PG DWG. NO. 1 OF1 DRAWN BY EAW CHECKED BY DdH IR-L-146 FEE SIMPLE INTEREST PARCEL # 147A ____~ ~oo' NORTH LINE OF sECTIO___~N H~~D EXHIBIT 0 5O lO0 150 0 '-r- z z (D NOT TO SCALE: Notes: DESCRIPTION: The Northerly 189.18 feet of the Eost 30.00 feet of the Northwest 1/4, of the Northeost 1/4, of the Northeost 1/4, less the North 100.00 feet previously dedicoted for Stole Highway #846, Section 30, Township 48 South, Ronge 27 Eost, Collier County, Florido. Contcining 0.061 cores more or less. 1. This is not o survey. 2. Basis of bearing is N/A. 5. Subject to easements, reservations and restrictions of record. (~AVID O.' H~C'AT'r, [5~.M. (FOR THE FIRM) FLA. LIC. frO. 583~;q:' NOT VALID ~THOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA UCENSED SURVEYOR AND MAPPER SCALE l AS NOTED DATE SKETCH AND DESCRIPTION I~~ WlLKISON & ~ ASSOCIATES I I ~N¢o m ENGINEERS, SURVEYORS AND PLANNERS 5506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 645-2404 FAX NO. (941) 643-5173 FLORIDA BUSINESS LICENSE NO. LB5770 SEC/SUB w.o. NO.I 30/48/27 0014.1 I SHEET FB PG I 1 OF1 DRAWN BY [ FILE NAME EAW J 147A.DWG CHECKED BYI DWG. NO. DJH J IR-L-147A _ ...... N AR '" S FEE SIMPLE INTEREST PARCEL # 147B ~oo' V NORTH LINE OF SEc~ON 30 iMMO~ ROA~D EXHIBIT 0 50 100 150 NOT TO SCALE: Notes: DESCRIPTION: The Northerly 179.18 feet of the West 30.00 feet of the Northeost 1/4, of the Northeost 1/4, tess the North 100.00 feet previously dedicated for State Highway #846, Section 30, Township 48 South, Range 27 Eost, Co!lief County, Florido. Contoining 0.055 ocres more or less. 1. This is not o survey. 2. Basis of bearing is N/A. 3. Subject to easements, reservations and restricUcns of record. DAVlD J. HY~i'T.' P'.,~.M. (FOR THE RRU) FLA. LIC. N(]l' 5834: NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA UCENSED SUR'V~YOR AND MAPPER SCALE AS NOTED IDATE 102/02 SKETCH AND DESCRIPTION · l~ WlLKISON & ~ ASSOCIATES I I INC. I ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643-2404 FAX NO. (941) 643-5175 FLORIDA BUSINESS LICENSE NO. LB5770 SEC/SUB W.O. NO.I DRAWN BY J FILE NAME 30/48/27 0014.1 J EAW J 147B.DWG SHEET FB po I CHEOKEDB¥/ DWG. NO. 1 OF 1 J DJH J IR-L-147B r FEE SIMPLE INTEREST PARCEL # 148 Description: LINE TABLE LINE LENGTH BEARING L1 100.04 NO2'20'OO"W L2 760.18 N86'O2'O6"E L3 79.21 NO2'16'54"W L4 495.82 N86'O2'O6"E L5 79.21 NO2'21'11"W L6 495.91 N86'02'06"E A portion of Section 29, Township 48 South, Range 27 East, Collier County, Florida, being more particularly described as follows: Commence at the Northeast Corner of said Notes: Section 29; thence South 02'20'00" East, along the East line of said Section 29, for a distance of 100.04 feet, to a point on the Southerly Right:-of-Way Line of State Road #846 (Immokolee Road); thence South 86'02'06" West, along said Southerly Right-of-Way line, for a distance of 760.18 feet, to the Northeast Corner of the Lands described in the Official Records Book 797, Page 346, of the Public Records of Collier County, Florida, and the NOT TO SCALE 1. This is not a survey. 2. Basis of bearing is state plane coordinates, FlorTda East Zone. 3. Subject to easements, reservations and restrictions of record. POINT OF BEGINNING of the herein described 4. P.O.C. = Point of Commencement parcel; thence South 02'16'54" East. along the P.O.B. -- Point of Beginning Easterly Boundary of the said Land Described, r_~/]~/ /~/,~/~,, FLA. LIC. NC. 58~ NOT WUD ~T ~E S~NA~RE AN~ for o distance of 79.21 feet; thence South 86'02'06" West, far o distance of 495.82 feet, to a point on the Westerly Boundary of the Land Described in Official Records Book 797, Page 346, of the Public Records of CoUier County, Florida; thence North 02'21"11" West, along the Westerly Boundary of the sold Land Described, for o distance of 79.21 feet, to o point on the said southerly right-of-way line; thence North 86'O2'06" East, along said southerly right-of-way line, for o distance of 495.91 feet, to the POINT OF BEGINNING; Contoinlng 0.901 acres, more or less. THE ORIGINAL RAISED SEAL OF' A FLORIDA LICENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION WILKISON & ~ASSOCIATES INC. mm ENGINEERS, SURVEYORS AND PLANNERS .3500 EXCHANGE AVE. NAPLES, FLA..34104 (941) 64,3-2404 FAX NO, (941) 64,3-5173 FLORIDA BUSINESS LICENSE NO. L95770 SCALE AS NOTED' DATE lO/m SEC/SUB W.O. NO. 29/48/2'7J 0014-.1 SHEET J FB PGI 10F1 J DRAWN BY J FILE NAME EAW I O0-018-O0.DWG CHECKED BY DWG. NO. DJH IR-L-148 iM_MOK ALE£ ROAD S.R. 846 .56 FEE SIMPLE INTEREST PARCEL # 149 EXHIBIT. 100' ~ ,/~ 660' ~ /~ ~ NOT TO SCALE: Notes: 1. This is not a survey. 2. Basis of bearing is N/A. 3. Subject to easements, reservations and restrictions of record. Description: The Northerly 79.18 feet of the East One Hundred (100') of the West 660', of the Northwest quarter of the Northeast quarter of the Northeast quarter, less Right-of-Way, Section 29, Township 48 South Range 27, East, Collier County, Florida. Containing 0.182 acres, more or less. N 0 50 100 150 O' . TF/~.S.~.-.O~ mE FLA. LIC. NO. ~34 ~ NOT VALID WlI~HOUT ~[E SIGNATURE AND ~E ORIGINAL RAISE~ SEAL OF A ~ORIDA LICENSED SUR~YOR AND MAPFER SKETCH AND DESCRIPTION '~,,~,,,~, WlLKISON &:: '~1~1~1111~ A S S O C I AT E S ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643-2404 FAX NO. (941) 643-5173 FLORIDA BUSINESS LICENSE NO. LB5770 O0-018-O0.DWG SCALE '-~EC/SUB W.O, NO. DRAWN BY FILE NAME AS NOTED 29/48/27 0014.1 EAW DATE SHEET FB PG CHECKED BY 10/01 1 OF 1 DdH DWG. NO. IR-L-14g .~ . FEE SIMPLE INTEREST PARCEL # 150 EXHIBIT tMMOK~ALEE ROAD ~ S.R. 846 N )- 0 Description: The West Two Hundred (200') feet of the East Six Hundred Sixty (660') feet of the North One Half of the Northeast O.e Quarter of the Northeast One Quarter, less the North 100' feet thereof previously dedicated for the State Highway purposes. Section 29, Township 48 South, Range 27 East, Collier County, Florida. Containfng 2.652 acres, more or tess. 0 50 100 150 Notes: 1. This is not o survey, 2. Basis of bearing is N/A. 3. Subject to easements, reservations and restrictions of record, 200" 680' NOT TO SCALE: DAVID J. ¢4Y,~¢Fr,'P.$. ,~ (FOR THE FIRM) FLA. UC. NO'. 5834//' NOT VALD W~THOU,.T' THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF' A FLORIDA LICENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION .~~ WlLKISON & ~ ASSOCIATES ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 543-2404 FAX NO. (941) 643-5173 FLORIDA BUSINESS LICENSE NO, LB5770 DRAWN BY I FILE NAME EAW I O0-018-O00.DWG CHECKED BY/ OWG. NO. DJH / IR-L-150 FEE SIMPLE INTEREST PARCEL# 151 EXHIBIT .~0' R/W ~ iMM OKALEE____RO A?__ .R. 846 N 0 50 1 O0 Notes: 1. This is not o survey. 2. Besis of beoring is N/A. .3. Subject to easements, reservetions end restrictions of record. 4. *Descriptions provided did not meke note of Right-of-Way exception. 150 Description: The West 200 feet of the Eest 460 feet of the North 1/2 of the Northeast 1/4 of the Northeest 1/4. Section 29, Township 48 South, Range 27 Eost, Collier County, Florida. Containing 1.,326 ecres, more or less. 200' ~ ~ 460' ~ NOT TO SCALE: DASD J. H¥,~rr, ..~. (FOR THE FLA. UC. N(~: 5834/ NOT VALID W1THOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION · ,~~1, WILKISON & ~ ASSOCIATES ~ ~ ~NC. == ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NA,"-'LE$, FLA. 34104 (941) 643-2404 FAX NO. (941) 643-317,3 FLORIDA BUSINESS UCEN.~E NO. LB5770 SCALE SEC/SUB [AS NOTED t29/48/27 I DATE / SHEET RE, SED2/./021 10/0111 0014.1 I EAW 00-018-O00.DWG FB PG ] CHECKED BY DWG. NO. DJH IR-L-151 ~) FEE SLMPLE INTEREST PARCEL # 152 EXHIBIT A iMMOKALEE ROAD N ) ,4 0 50 100 150 Notes: 1. This is not a survey. 2. Basis of bearing is N/A. 3. Subject to easements, reservations and restrictions of record, Description: The West 100 feet of the East 560 feet of the ~ NOT 'O, SC¢.L/E: North 1/2 of the Northeast 1/4 of the Northeast ,.;,/ ~/- 1/4, Less the North lOOft of Right of Way. Section DAVID'J.' H~kTT~ TP.~.M. (FOR THE FIRM) 29, Township 48 South, Range 27 East, Collier FLA. MC. NO. NOT VALID W~THOUT THE SIGNATURE AND County, Florida. Containing 1.527 acres, more or THE ORIGINAL RAISED SEAL OF A FLORIDA less. LICENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION .~~ WILKISON & ~ ASSOCIATES W W ~N¢. i ENGINEERS, SURVEYORS AND PLANNERS .3506 EXCHANGE AVE. NAPLES, FLA..34104 (941) 645-2404 FAX NO. (941) 643-517~ FLORIDA BUSINESS LICENSE NO. LB5770 SCALE SEC/SUB W.O. NO. DRAWN BY FILE NAME AS NOTED 29/48/27 0014.1 EAW 00-018-O00.DWG DATE SHEET FB PG CHECKED BY DWG. NO. O/Ol OF DCH REVISED 2/11/02 FEE SIMI'LE INTEREST PARCEL # 153 .~0o' R_.__/~ ~ ~ iMMOKALEE ROAD ----- -~.R. ~ 49 T . t.~CD Zd ~ zd EXHIBIT 230'~ ~ ~%'' NOT TO SCALE: Notes: 1. This is not o survey. 2. Bosis of beoring is N/A, 3. Subject to easements, reservations ond restrictions of record. Description: The Northerly 79.18 feet of the West 230 feet, of the East 260, feet of The North One-Half of the Northeast One-Quarter of the Northeast One-Qucrter, less Right-of-Way, Section 29, Township 48 South Rcnge 27, East, Collier County, Florida. Cont(:ining 0.418 acres, more or less. 0 SO 100 150 THE ORIGINAL RAISED SEAL Of A FLORIDA LICENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION ~l~II WILKISON & ~lml ASSOCIATES I I ~N¢. I ENGINEERS, SURVEYORS AND PLANNERS .3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643-2404 FAX NO. (941) 643-5173 FLORIDA BUSINESS LICENSE NO. LB5770 SCALE SEC/SUB W,O. NO, 0014.1 FB PG DRAWN BY [ FILE NAME LAW I O0-018-O0.DWG CHECKED BYI DWG. NO. DJH I IR-L-155 FEE SIMPLE INTEREST PARCEL # 154 EXHIBIT Page~,1o of ._____~0o' R/W iMMOK ALEE_~_AD S. 6 '-- -T"" ~ ~c~u 24 Description: '~ The Northerly 79.18 feet, together with the Southerly 20.45 feet of the Northerly 99.6.:3 feet, of the Easterly 16.24 feet of The East 50 Feet of The North One-Half of the Northeast One-Quarter of the Northeast One-Quarter, less Right-of-Way, Section 29, Township 48 South Range 27, East, Collier County, Florida. Containing 0.062 acres, more or less. N 50 100 150 D*'E / SHE"'I / 'OF: / NOT TO SCALE: Notes: 1. This is not a survey. 2. Basis of bearing is N/A. 3. Subject to easements, reservations and restrictions of record. NOT VAUD WITHOUt'THE SIGNATURE A D THE ORIGINAL RAISED SEAL OF A FLORIDA UCENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION I WILKISON & ~ ASSOCIATES I I ~INC. I ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 54104 (941) 645-2404 FAX NO, (941) 643-5173 FLORIDA BUSINESS LICENSE NO. LB5770 0014.1 EAW / 00-018-O0.DWG FB PG CHECKED BYJ DWG. NO. DJH J IR-L-154 FEE SIMPLE INTEREST PARCEL # 155 EXHIBIT Z tMMOK ALE___E ROAD S.R. 846 ....... E 382.18' I . . N 86'bO ,~a · ' U'flLITY 2 S 86'50'45" ~5" W S 03'09",15" E 19.75 8 ANDY R. MORGAN BEVERLEY E. MORGAN O.R. 1111, PG. 1093 O O Description: A portion of Tract 8, Golden Gate Estates, Unit 20, cccording to the plat thereof as recorded in Plat Book 7, Page 80 of the Public Records of Collier County, Florida, being more porUcularly described as follows: Notes: 1. This is not a survey. 2. Basis of bearing is plat. 3. Subject to easements, reservations and restrictions of record. Beginning at the Northwest Corner of said Tract 8; thence North 86'50'45" East, along the Northerly Boundary of said Tract 8, for a distance of .382.18 feet, to the Northeasterly Corner of said Tract 8; thence South 4. All dimensions ore plat 00'19'10" West, along the Easterly Boundary of said Tract unless otherwise noted. 8, for o distance of 79.65 feet; thence South 86'50'45" West, for a distance of 27.3.63 feet; thence South 03'09'15" East, for o distance of 19.75 feet; thence South 86'50'45" West, for a distance of 107.19 feet, to a point on the Westerly Boundary of said Tract 8; thence North 01'25'50" West, along the Westerly Boundary of said Tract 8, for a distance of 104.71 feet, to the POINT OF BEGINNING; Containing 0.767 acres, more or less. DAVID J. ),~ATT,//.~;.M. (FOR THE FIRM) ~_A. uc.¢~o. NOT VALID W~T~OUT THE SIGNATURE AND N THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER 0 5O 100 150 SCALE AS NOTED BATE 10/01 SKETCH AND DESCRIPTION · l~ WILKISON & ~ ASSOCIATES I I IN(:;. ii ENGINEERS, SURVEYORS AND PLANNERS 5506 EXCHANGE AVE. NAPLES, FLA..34104 (941) 643-2404 FAX NO, (941) 64,.3-517`3 FLORIDA BUSINESS LICENSE NO. LB5770 SEC/SUB W.O. NO. I BRAWN BY I FILE NAME GGE 20 0014.1 EAW i 00-018-00.0WG I SHEET FB PG CHECKED BYI DWG. NO. I FEE SIMPLE 1NTEREST PARCEL # 156 EXHIBIT_ __ N 0 50 100 150 Notes: 1. This is not o survey. 2. Basis of bearing is plot. 3. Subject to easements, reservations end restrictions of record. 4. All dimensions ore plot unless otherwise noted. 5. U.E. Represents Utility Easement. Description: The Northerly 525.89 feet of Tract 9, Golden Gate Estates, Unit 20, os Recorded in Plot Book 7, Page 80, of the Public Records of Collier County, Florida. Containing 2.457 acres, more or less. DAVID J. 'HY~ffCf, P."~,~; (FOR THE FIRM) FLA. LIC. NO: 583,¢ NOT VAUD WITHOUT THE SIGNATURE AND THE ORiGiNAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION .~~ WILKISON & ~ ASSOCIATES W W INC. m ENGINEERS, SURVEYORS AND PLANNERS 5506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643-2404 FAX NO. (941) 64.3-5173 FLORIDA BUSINESS LICENSE NO. LB5770 SCALE SEC/SUB i W.O. NO. DRAWN BY AS NOTED GGE 20 0014.1 EAW DATE SHEET FB PG CHECKED BY 10/01 1 OF 1 DJH FILE NAME 00--018-O00.DWG DWG. NO, IR-L-156 REVISED 2/11/02 r FEE SIMPLE INTEREST PARCEL # 157 EXHIBIT IMMOKALEE ROAD -- S.R. 846 N 8 E 330.61' 0 50 100 150 Notes: 1. This is not a survey. 2. Basis of bearing is plot. ,3. Subject to easements, reservations end restrictions of record. 4. All dimensions ore plot unless otherwise noted. 5. U.E. Represents Utility Easement. Description: The Northerly 323.89 feet of Tract 20, Golden Gate Estates, Unit 20, as Recorded in Plat Book 7, Page 80, of the Public Records of Collier County, Florida. Containing 2.457 acres, more or less. SCALE lAS NOTED DATE lO/Ol REVISED 2/11/02 SEC/SUB GGE 20 SHEET t OF1 DAVID J. HY/CFr, P.S.M~FOR THE FIRM) FLA. UC. NO~ 5854 NOT VALID WITHOUT/THE SIGNATURE AND ~6 ORIGINAL RAISED SEAL OF A FLORIDA UC/NSED SUR~YOR AND MAPPER SKETCH AND DESCRtP~ON WILKISON & 'l~'~II/~ AS S O C IAT E S INC. ENGINEERS, SURVEYORS AND PLANNERS .3506 EXCHANGE AVE. NAPLES, FLA. 54104, (941) 64`3-2404 FAX NO. (941) 643-517`3 FLORIDA BUSINESS LICENSE NO. LB5770 W.O. NO. DRAWN BY FILE NAME 0014.1 EAW FB PG CHECKED BY DWG. NO. DdH 00-018-O00.DWG IR-L-157 ~ FEE SIMPLE I'NTEREST PARCEL # 158A EXHIBIT IMMOKA~LEE ROAD ~--~-- S.R. 846 N 86°50'45" E 165.31' ~ASEMEN~ ~165.00' Notes: 1. This is not c survey. 2. Bosis of beoring is plot. 3. Subject to eosements, reserwtions ond restrictions of record. 4-. All dimensions ore plot unless otherwise noted. Description: The Northerly 94.,35 feet of Westerly 165.00 feet of Troct 21, Golden Gore Estotes, Unit 20, as Recorded in Plat Book 7, Poge 80, of the Public Records of Collier County, Florida. Containing 0..359 acres, more or less. SEC/SUB SCALE DAVID J. HY~CfT, 'P'.S/~.' (FOR THE FIRM) FLA. LIC. NO. 5834~/,/ NOT VALID WITHOUT THE SIGNA'RJRE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION N ~l~ WILKISON & ~ASSOCIATES I I INC. I ENGINEERS, SURV~ORS AND P~NNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643-2404 FAX NO. (941) 643-5173 FLORIDA BUSINESS LICENSE NO. LB5770 FILE NAME W.O. NO. DRAWN BY I IOO -I I CHECKED BY t DJH GGE 20 0 50 1 O0 150 SHEET 1 OF1 O0-018-O0.DWG DWG. NO. IR-L-158A FEE SIMPLE INTEREST PARCEL# 158B iMMOKA_.__LEE ROAD 846 E 330.61' , '//~..6; LJT~,LITY/-'t ~165.00' EXHIBIT, Notes: 1. This is not. o survey. 2. Basis of bearing is plat. 3. Subject to easements, reservations and restrfctionS of record. 4. All dimensions are plat unless otherwise noted. Description: The Northerly 94.35 feet of Tract 21, Less the Westerly 165.00 feet Thereof, Golden Gate Estates, Unit 20, os Recorded in Plat Book 7, Page 80, of the Public Records of Collier County, Florida. Containing O.35N9 acres, more or less. 0 50 100 SCALE AS NOTED 150 I DATE 101/02 OA~O d. HY~Z,.,, P.S.,~. (fOR mE RRM) FLA. UC. NOff5834;7 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION lWl LKISO N & TES ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643-2404 FAX NO. (941) 643-5173 FLORIDA BUSINESS LICENSE NO, LB5770 SEC/SUB W.O. NO. FILE NAME GGE 20 0014.1 O0-018-00.DWG SHEET FB PG OWG. NO. 10FI DRAWN BY EAW CHECKED BY DJH IR-L-158B - _3.5 FEE SLMPLE INTEREST PARCEL# 159 EXHIBIT p~"~ of '~ ~PO~NT OF BEGiNNiNG: , No3'O9'l,5"W ~ .... 3N03'509~6 '~ ~escri¢[ien: A porU~n of lroct 3~ e~d lrect 37, GoMen Estates, Unit 20, according to the plat thereof as recorded ~n Pl~t Book 7, P~ge 80 of the Public Records of Collier County, Florida, being more perticulorly described ~s follows: Begi~ ~t the Northwesterly Corner of said Tract 36; thence North 86'50'45" East, ~long the Northerly Boundcry of said Tract 56 ~nd Troct 57, for ~ distance of 661.22 feet, to the Northeasterly Corner of scid Tract 37; thence South 00'19'10" West, clang the E~sterly Boundory of s~id Tract 37, for ~ distance of 70.19 feet; thence South 86"50'45" West, for o d~st~nce of 269.97 feet; thence South 03"09'15" E~st, for ~ distance of 20.00 feet; thence South 86'50'45" West, for ~ distance of 109.54 feet; thence North 05'09'15" West, for ~ distance of 5.00 feet; thence South 86"50'45" West, for ~ distonce of 283.47 feet, to ~ point on the Westerly Boundary of s~id Tract 36; thence North 00'19'10" E~st, olong the Westerly Boundary of s~id Tract 36, for ~ distance of 94.58 feet, to the POINT OF BEGINNING; Contcining 1.282 ~cres, more or less. N SCALE AS NOTED DATE lO/O~ SEC/SUB GGE 20 0 50 1 O0 150 SHEET L 1 OF1 Notes: 1. This is not a survey. 2. Basis of bearing is plot. 3. Subject to easements, reservations and restrictions of record. 4-. All dimensions are plat unless otherwise noted. DAVID J. HyA~, P.S/~. '(FOR THE FIRM) FLA. IJC. NO: 5834¢/ NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION ll~ WILKISON & ~lillIIll AS SO C I ATE S ENGINEERS, SURVEYORS AND PLANNERS .3506 EXCHANGE AVE. NAPLES. FLA. 34104 (94.1) 643-24.04 FAX NO. (94-1) 643-5173 FLORIDA BUSINESS LICENSE NO. LB5770 0014.1 I EAW 00-018-O0.DWG FB PG ~ CHECKED BY DWG. NO, DJH IR-L-159 FEE SIMPLE INTEREST PARCEL # 160 ~MMOKALEE ROAD -- -- $.R. 846 , ,, 330.61' L _.------ /= -/--/-/_':/T/ .... N 8,6'50 45 E~/,,/7~, U'T, LITY ~l ~'--~.~.~~//.~- AS EM EN. T'/J 0 0 52 JUAN RAMIREZ ELVIA H. RAMIREZ O.R. 2399, PG. 2684 EXHIBIT Page_.~%_of Notes: 1. This is not a survey. 2. Basis of bearing is plat. 5. Subject to easements, reservations and restrictions of record. 4. All dimensions are plat unless otherwise noted. Description: The Northerly 79.43 feet of Tract 52, Golden Gate Estates, Unit 20, as Recorded in Plot Book 7, Page 80, of the Public Records of Collier County, Florida. Contcining 0.603 acres, more or less. N 0 50 100 150 DAVID J. ,H'/AI-r,/~/S.M. (FOR THE FIRM) FLA. LIC. 'NO. NOT VALID W1Tf4OUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION ~llII WlLKISON &: 'lI"I~I! AS SO C IAT E S ~ ~' INC. ~ ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 54104 (941) 643-2404 FAX NO. (941) 643-5173 FLORIDA BUSINESS LICENSE NO. LB5770 SCALE t SEC/SUB AS NOTED GGE 20 DATE SHEET 10/01 1 OF 1 W.O. NO. DRAWN BY FILE NAME 0014.1 EAW O0-018-O0.DWG FB PG CHECKED BY DWG. NO. DdH IR-L-160 FEE SIMPLE INTEREST PARCEL # 161 iMMoKALEE ROAD N 86"50'45" E 330.61' 55 FRANK V~TALE A~ cERULLO O.R. 472, PO. 436 .,-- ,,... o o EXHIBIT Pag~ ~ ~ _of *~ ~._.~-- Notes: 1. This fs not o survey. 2. Basis of bearing is plat. 5. Subject to easements, reservations and restrictions of record. 4. All dimensions ore plot unless otherwise noted. L Description: The Northerly 79.43 feet of Tract 53, Golden Gate Estates, Unit 20, os Recorded in Plot Book 7, Page 80, of the Public Records of Collier County, Florida. Containing 0.603 acres, more or less. 0 50 100 150 SCALE AS NOTED DA'TE 10/01 ' R D^'~D J. FLA. LIC. NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA UCENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION ,j, jjll~ WILKISON & ~ ASSOCIATES ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643-2404 FAX NO. (941) 643-5173 FLORIDA BUSINESS LICENSE NO. LB5770 SEC/SUB W.O. NO. DRAWN BY / FiLE NAME GGE 20 0014.1 RAW O0-018-O0.DWG SHEET FB PG , CHECKEB BY DWG. NO. 1 OF 1 DJH IR-L-161 FEE SIMP1.E INTEREST PARCEL # 162 EXHIBIT IMMOKALEE ROAD__ 68.1 Notes: 1. This is not o survey. 2. Basis of bearing is plat. 3. Subject to ecsements, reservations and restrictions of record. 4. All dimensions are plat unless otherwise noted. Description: The Northerly 79.43 feet of the West One-Half of Trcct 68, Golden Gate Estates, Unit 20, os Recorded in Plat Book 7, Page 80, of the Public Records of Coitier County, Florida. Containing 0.501 acres, more or less. N 0 50 100 150 SCALE AS NOTED DATE I ~o/o~ THE ORIGINAL RAISED SEAL OF A FLORIDA UCENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION WILKISON & ~ ASSOCIATES ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643-2404 FAX NO. (941) 643-5173 FLORIDA BUSINESS LI¢~SE NO. LB5770 SEC/SUB W.O. NO. GOE 20 0014.1 SHEET FB PO 1 OF1 DRAWN cJy J FILE NAME EAW J O0-018-O0.DWG CHECKED BY J DWG. NO. FEE SIMPLE INTEREST PARCEL # 163 EXHIBIT ¢,-¢¢ g <~ . Notes: 1. This is not a survey. 2. Bas~s of bearing is plat. 3. Subject to easements, reservations and restrictions of record. 4. All dimensions are plat unless otherwise noted. Description: The Northerly 79.4.~ feet of the East One-Half of Tract 68, Golden Gate Estates, Unit 20, os Recorded in Plat Book 7, Page 80, of the Public Records of Collier County, Florida. Containing O.501 acres, more or less. N 0 50 100 150 DAVID J. HY,~'.' P./.~¢'~ (FOR THE FIRM) FLA. LIC. NO. 58.~ NOT VALID WI'FH(CJT TilE SiGNA~RE AND ~E ORIGINAL RAISED SEAL OF A FLORIDA UCENSED SUR~YOR AND ~APPER SCALE AS NOTED DATE 10/01 SKETCH AND DESCRIPTION ~l~ WlLKISON & ~ ASSOCIATES II llii~IIIN¢. I ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 64.3-2404- FAX NO. (941) 643-5173 FLORIDA BUSINESS LICENSE NO. LB5770 GGE 20 0014.1 I SHEET FB PG 1 OF1 DRAWN BY I FILE ~:iA~ EAW I 00-018-O0.DWG CHECKED BYJ DWG. NO. DJH J IR-L-165 0 0 FEE SIMPLE INTEREST PARCEL # 164 IMMOKALEE ROAD S.R. 846 N 86'50'45" E 330.61._ LEWIS R. KING MARGARET dEAN KING O.R. 1559, PG. 183 Notes: 1. This is not o survey. 2. Basis of bearing is plat. .3. Subject to easements, reservations end restrictions of record. 4. All dimensions are plat unless otherwise noted. EXHIBIT Page n'~ of__~_%_ ,,- O O DescripUon: The Northerly 79.4,3 feet of Tract 69, Golden Gate Estates, Unit 20, as Recorded in Plat Book 7, Page 80, of the Public Records of Collier County, Florida. Containing 0.60.3 acres, more or less. N 0 50 100 150 SCALE AS NOTED DATE 10/01 THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION lWlLKISO N & TES ENGINEERS, SURVEYORS AND PLANNERS .3506 EXCHANGE AVE. NAPLES, FLA..34104 (941) 643-2404 FAX NO. (941) 643-5173 FLORIDA BUSINESS UCENSI NO. LB5770 SEC/SUB W.O. NO. DRAWN BY FILE NAME GGE 20 I 0014.1 EAW 00-018-00.0WG SHEET [ FI] PG CHECKED BY DWG. NO, 1 OF 1I DJH IR-L-164 FEE SIMPLE INTEREST PARCEL # 165 IMMOKALEE ROAD KATCERINE CREVIER ROBERT C. CREVIER O.R. 2124, PG. 1828 Notes: 1. This is not a survey. 2. Basis of bearing is plat. 3. Subject to easements, reservations ond restrictions of record. 4. All dimensions are plot unless otherwise noted. EXHIBIT Page ~$ of Description: The Northerly T9.43 feet of Tract 84, Golden Gate Estates, Unit 20, as Recorded in Plat Book 7, Page 80, of the Public Records of Collier County, Florida. Containing 0.603 acres, more or less. N 0 5O lO0 150 SCALE AS NOTED DATE ~o/o~ · HYfA,'/~ tS.S.j,~., t~.S.~. '(FOR(FOR mE RRM) FLA. LIC. N0.'583¢ NOT VALID ~0~ ~E SIGNA~RE AND ~E ORIGINAL RAISED SEAL OF A ~ORIOA LICENSED SUR~YOR AND MAPPER SKETCH AND DESCRIPTION ~l~ WlLKISON & ~ ASSOCIATES I I INC. I ENGINEERS, SURVEYORS AND PLANNERS 5506 EXCHANGE AVE. NAPLES, FLA. ,34104 (941) 643-2404 FAX NO. (941) 64,3-517,3 FLORIDA BUSINESS LICENSE NO. LB5770 SEC/SUB W.O. NO, I DRAWN BY FILE NAME I CGE 20 ] 0014.1! EAW O0-018-O0.DWG SHEET ~ FB PG ~ CHECKED BY DWG. NO, 1 OF 1 / / DJH IR-L-165 FEE SIMPLE INTEREST PARCEL # 166A EXHIBIT A 85 WALNUT FARMS, INC. A DELAWARE coRPORATiON O.R. 1618, POS. 3-4 ~MMOKALEE ROAD ~- ------ -- ~ S.R. 846 1' N 86'50'45" E .350.6 E ~ ' t00 ALNUT FARMS, ~NC. W ORATION A DELAWARE cORP O.R. 2352, PG. 992 .,- 0 0 Notes: 1. This is not o survey. 2. Basis of bearin9 is plat. 3. Subject to easements, reservations and restrictions of record. 4. All dimensions ore plot unless otherwise noted. Description: The Northerly 79.43 feet of Tract 100, and Tract 85, Golden Gate Estates, Unit 20, as Recorded in Plat Book 7, Page 80, of the Public Records of Collier County, Florida. Containing 1.205 acres, more or less. N 0 50 100 150 SCALE AS NOTED 10/01 FLA. LIC. NO. ~/~834 NOT VALID ~THOOT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION · l~ WILKISON &: ~I~IlIlI AS S O C I AT ES I I INC. I ENGINEERS, SURVEYORS AND PLANNERS ,3506 EXCHANGE AVE. NAPLES, F~, .34104 (941) 643-2404 FAX NO. (941) 643-5173 FLORIDA BUSINESS LICENSE NO. LB5770 SEC/SUB W.O. NO. DRAWN BY FILE NAME GGE 20 0014.1 EAW O0-018-O0.DWG SHEET FB PG CHECKED BY DWG, NO. 1 OF1 DJH IR-L-166A I- NBB FEE SIMPLE INTEREST PARCEL # 166B iMMOKALEE ROAD ~ S.R. B46 N 5:50.61' EXHIBIT .of ~,'~ , 330.61' 717 NUT FARMS, INC. WAL RATION DELAWARE coRPO A 1564 O.R. 1550, PG. .,-- 0 0 Description: The Northerly ,362.98 feet of Tract 117, and the Northerly 89.06 feet together with the Southerly 10.00 feet of the Northerly 99.06 feet of the Easterly 130.57 feet, of Tract 140, Golden Gate Estates, Unit 20, as Recorded in Plat Book 7, Page 80, of the Public Records of Collier County, Florida. ContaTning 5.4.59 acres, more or less. 140 UT FARMS, iNC. WALN _~ ~-noon ATION A DELAWAht~ ~v,,,vR O.R. 1550, PG. 1364 0 50 100 150 Notes: 1. This is not a survey. 2. Basis of bearing is plot. 3. Subject to easements, reservations and restrictions of record. 4. All dimensions are plat unJess otherwise noted. ~AVlD J. HY~)~t, P.S.,~. '(FOR THE RRk4) FLA. LIC. NOT VALID WITHOL~ THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION '~J~lmJ, AS S 0 C I AT E S WW ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA..34104 (941) 64.3-2404 FAX NO. (941) 64;3-517.3 FLORIDA BUSINESS LICENSE NO. LB5770 AS NOTED GGE 20 DATE SHEET 10/01 1 OF 1 W.O. NO. 0014.1 FB PG DRAWN BY J FILE NAME E^W / O0-018-O00.DWG CHECKED BY~ DWG. NO. DJH ~ IR-L-166B FEE SIMPLE INTEREST PARCEL# 167A EXHIBIT Page ,i\ of IMMOKALEE RO~AD S.R. 846 N 86'[ E 2 ~0.61'~ 0 50 100 150 101 DANIEL J- ANDERSEN ALICE K. ANDERSEN O.R. 953, PG. 1062 CD Notes: 1. This is not a survey. 2. Basis of bearing is plat. .3. Subject to eesements, reservations ond restrictions of record. 4. All dimensions are plat unless otherwise noted. Description: The Northerly 362.98 feet of Troct 101, Golden Gate Est(:tes, Unit 20, ~s Recorded in Plot Book 7, Poge 80, of the Public Records of Collier County, Florida. Contoining 2.754 acres, more or less. SCALE SEC/SUB l AS NOTED GGE 20 DATE SHEET 10/01 1 OF 1 THE ORIGINAL RAISED SEAL OF A FLORIDA UCENSED SURVEYOR AND MAPPER SKETCH AND BESCRIPTION ~l~ WILKISON & ~ASSOCIATES I I lb/C, I ENGINEERS, SURVEYORS AND PLANNERS .3506 EXCHANGE AVE. NAPLES, FLA..34104 (941) 643,-2404 FAX NO. (941) 643-5173 FLORIDA BUSINESS LICENSE NO. L95770 W.O. NO. DRAWN BY FILE NAME 0014.1 EAW I O0-018-O00.DWG I FB PG CHECKED BY[ DWG. NO. I DJH I IR-L-167A EE SIMPLE INTEREST 'ARCEL # 167B EXHIBIT p~ ~of_._~.'6_ . iMMOKALEE ROAD ~ S.R.~46 141 MARY E. 1ANNEI'TA O.R. 2226, PG. 0398 N 89'40'50" W 350.00' DESCRIPTION: The Northerly 99.06 feet, together with the Southerly 10.00 feet, of the Northerly 109.06 feet, of the Easterly 153.1¢ feet of Tract 141 of Golden Gate Estates Unit 20 os recorded in Plat Book 7 at Pose 79 of the Public Records of Collier County. Florido. Contoin[n9 0.828 ocres more or less. I ---I so.aa' SCALE AS NOTED DATE lO/O~ ~A~ 0 50 100 200 O.R Notes: 1. This is not a survey. 2. Basis of bearing is plat. ,3. Subject to easements, reservations and restrictions of record. 4. All dimensions are p~at unless otherwise noted. ~AVID J. H~,ATr..~.S.~f (F..,~ llmIE nRM) ~ uc. NO. ~,~3,~ / NOT VAUD WI~:.IOUT '~ SIGNATURE AND ~"~£ ORI~NAL RAISE:~/S~JkL OF A FLORID,* UCENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION ~l~ WILKISON &: ~ ASSOCIATES II INC. I ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE, NAPLES, FLA..34104 (941) 643-2404 FAX NO. (941) 64.3-517.3 FLORIDA BUSINESS LICENSE NO. LB5770 SEC/SUB W.O. NO. GGE 20 0014.1 SHEET FB PG 1 OF1 DRAWN BY ! FILE NAME RAW I O0-01B-OOO.DWG CHECKED BY/ DWG. NO. DJH / IR-L-167B pg. FEE S~IPLE INTEREST PARCEL # 168A iMMOKALEE ROAD -- S.R. 846 N 86 E 330.61' 0 50 100 150 116 ARMANDO MORENO ARMANDO MORENO, JR. MANUEL MoRENO O.R. 932, PG. 466 0 Notes: 1. This is not o survey. 2. Basis of bearing is plat. 5. Subject to easements, reservations and restrictions of record. 4. All dimensions ore plot unless otherwise noted. Description: The Northerly 562.98 feet of Tract 116, Golden Gate Estates, Unit 20, os Recorded in Plat Book 7, Page 80, of the Public Records of Collier County, Florida. Containing 2.754 acres, more or less. SCALE AS NOTED DATE 10/01 THE ORII21NAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION · ,~1~ WILKISON 8,: ~ASSOCIATES ~ ~ lINC. I ENGINEERS, SURVEYORS AND PLANNERS 5506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643-2404 FA)( NO. (941) 643-5175 FLORIDA BUSINESS LICENSE NO. LB5770 SEC/SUB W.O. NO. GGE 20 OO14.1 SHEET FB PI2 1 OF1 DRAYCN BY EAW CHECKED BY I DJH I FILE NAME O0-018-O00.DWG DWI2. NO. IR-L-168A ~) MAR 2 EXECUTIVE SUMMARY, TO PRESENT THE ADOPTED RESIDENTIAL PARKING STANDARDS FOR THE BOARD'S RECONSIDERATION. OBJECTIVE: To discuss the recently adopted Residential Parking Regulations and determine if revisions are warranted. CONSIDERATION: The Board adopted Residential Parking Standards as part of the last Land Development Code amendment cycle in January 2002. The adopted language is attached to this Summary as Exhibit "A'. Subsequent to that adoption, flyers were developed as a courtesy notice to be distributed to the public in their utility bills. The notice that was send included the attached language and chart in reference to regulations applicable to single family, duplexes and multi-family (3 or more units) dwellings (see Exhibit "B"). The mailing of the flyers started the first part of the March billing cycle and upon recognition of the confusion, staff began investigating adding corrective language to the bill itself to clarify the regulation. Distribution of the flyers was stopped on March 11, 2002. During that time approximately 16,000 flyers were distributec[ to residents in the southeast portion of the County. Code Enforcement staff thus far has addressed approximated 250 calls regarding the flyer. The majority of the calls were pertaining to resident's concern that their existing driveway did not meet the minimum 20 feet requirements. After explaining the intent of the regulation and that there would be no enforcement problem if their existing drive is adequately accommodating the vehicles kept at their residents, most callers were satisfied and appreciative of the new regulations. The following language is being suggested to clarify citizen's concern. All references to the minimum permissible width are being removed from the sections noted for single family and duplexes. Additionally, a minimum and maximum number of spaces is being identified for multi-family projects. The designated parking area for Single-family homes cannot be more than 40 % of front yard. The maximum allowable width for lots 50 feet or less is 20 feet. Lot Maximum Width Parking Area Width 50 feet 20 feet 80 feet 32 feet 85 feet 34 feet On Properties with a Two Family or Duplex Home the designated parking area cannot be more than 50 % of front yard. A separate driveway may be provided for each unit or A C-~3 ITEM be shared. No. i~_ 2 6 2002 90' Lot Maximum Width Parking Area Width 80 feet 40 feet 85 feet 43 feet 90 feet 48 feet Multiple family homes will provide no more than 2.5 parking spaces per dwelling unit. For example, a residential complex with 4 units must have at least 4 spaces but no more that 10 parking spaces. # of Required Spaces Units 5,lin. Max. 4 4 10 8 8 20 12 12 30 12 units total 4 units total There was also a concern raised regarding whether existing drives that are greater than the percentages specified for single family and duplexes would be grandfathered. The adopted language reads: 2.3.5.1. mott-confortning situations. Non-conforming situations that were otherwise lawful prior to the effective date of this section of the ordinance shall comply with this ordinance or any subsequent amendment to this ordinance within 90 days of its effective date. Our interpretation of this language would be that no one is grandfathered and require existing drives in excess of the percentages noted to be removed. It is further interpreted that this new code is applicable to conventionally zoned land within the urban area of the County. Consequently, Planned Unit Developments (PUD) with their owned established parking standards would be exempted for this regulation. The Code Enforcement Department plans to conduct sweeps of those areas that we believe the problem of excessive parking in the front yard exists. Personal notices will be given to property owners with sufficient time to correct the problem. FISCAL IMn~iCT: This is a discussion item. At this time there is no fiscal impact, however the Department's enforcem':nt priorities may be adjusted based on Board direction. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact. MAR 2 6 2002 RECOMMENDATION,: That the Board of County Commissioners advise amendments to the Residential Parking Regulations are warranted. SUBMITTED BY: APPROVED BY: Mi~el~ Edwards Arnc~ld, Director Code Enforcement Department ' :--~ . / ..,/.;,, ,Jo~p Schmitlg'Division Administrator C6mmunity Development & Environmental Services whether further AGENDA ITEM EXHIBIT A ORIGIN: Community Development & Environmental Services Division AUTHOR: Ron Nino, Principal Planner DEPARTMENT: Planning Services LDC PAGE(S): LDC2:124.33 LDC SECTION: 2.3.5 CHANGE: To introduce a new subsection to the parking division 2.3 at reserved subsection 2.3.5 for the purposes of regulating the amount of space and locations which can be used for automobile parking in residential areas. REASON: It has become apparent that single-family areas in particular but not exclusively have too large an area of the front yard utilized for automobiles. Members of the County Board of County Commissioners have expressed a concern that the degree to which parking is allowed to overpower the view of residential properties should be restricted because this has a negative effect on the quality of residential areas. Other communities in S.W. Florida have also identified this perception and are in the process of developing regulations to control the extent to which residential properties may be used for automobiles. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: None Amend the LDC as follows: Sec. 2.3.5. Automobile parking in conjunction with residential structures. All automobile parking or storage of automobiles in connection with residential structures which are located on property which is designated as Mixed Use Urban Residential on the Future Land Use Map and which are zoned or used for residential uses, shall occur on specifically designed surfaces in a specifically designated area of the lot upon which the residential structure is located. The parking and~o~ storage of automobiles in connection with the residential dwelling units they are ancillary and accessory to shall be regulated as follows: 1. Single family dwelling units--Unless otherwise parked or stored in an enclosed structure the parking or storing of automobiles in connection with dwelling units shall be limited to stablized pervious or impervious surface areas of the lot specifically designed for the parking of automobiles which may not comprise an area greater than forty (40) percent of any required front yard, which nonetheless may not serve to limit a driveway to a width less than twenty (20) feet. All parked automobile vehicles sk, all only utilize the designated pcrx ious or impervious surface areas. 2. 'e the ~t~r"l~t~ Two family dwelling units-Unless otherwise parked or stored in an enclosed structu or storing of automobiles in connection with a two family structure shall be limited IAR 2 6 2002 imperviously treated areas of the lot which may not comprise an area greater than 50 % of any required front yard, except that this shall not serve to limit a driveway width to less than 20 feet, and a driveway may be provided on each side of the two family structure. Multiple family (i.e. 3 or more dwelling units) .... Unless otherwise parked or stored in an enclosed structure the parking or storing of automobiles in connection with occupants of the dive[ling uni .; shall be limited to pcrviot~s or imperviously treated surface areas of the lot designated for the parking and storing of automobiles. I>¢rxiotn, or impervioulsy treated surface areas designated for the parking of automobiles shall not exceed a ratio of 2.5 automobiles per dwelling unit in the event all parking spaces are not located within an enclosed structure or any combination of open air and enclosed structure. Where multiple family structures consist of single family attached (i.e. row houses) dwelling units each with its own driveway to a common accessway, or public or private street, and all parking shall be limited to the driveway and or garage combination. o Automobiles parked and/or stored in connection with residential dwelling units as described above shall be owned by occupants of the dwelling units unless the vehicle is owned by a firm, corporation or entity for which the dwelling unit occupant is employed. This shall not be construed to apply to automobile vehicles owned by persons or business firms visiting the site for social or business purposes. No other portion of the front yard may be used to park or store automobiles including that portion of the right-of-way not directly a part of the designated driveway or designated parking areas. 2.3.5.1. Non-confonning situations. Nonconforming situations that were otherwise lawful prior to the effective date of this section of the ordinance shall comply with this ordinance or any subsequent amendment to this ordinance within 90 days of its effective date. NIAR 2 6 OOx I - ?I?...,,-.--') EXHIBIT B s'xdential Parking Regu/at/oos New Parking Regulations will become effective April 1, 2002 for residential areas in Collier County. The Board of County Commissioners has expressed a concern for the parking in residential areas. In some areas of the County the entire front yard is being used for the parking of automobiles and detracting from the view and quality of residential properties. As a result of this concern, the Board approved the following parking standards effecting the parking or storage of vehicles in urban residential areas. Vehicles are now required to be parked on a stabilized surface in a designated area of a properties front yard. On properties with a Single Family Home the designated parking area cannot be more than 40 % of front yard but not less than 20 feet in width. Lot Parking Area Width Width Minimum Maximum 50 feet 20 feet 20 feet 80 feet 20 feet 32 feet 85 feet 20 feet 34 feet On Properties with a Two Family or Duplex Home the designated parking area cannot be more than 50 % of front yard but not less than 20 feet width. A separate driveway may be provided for each unit or the driveway may be shared. Lot Parking Area Width Width Minimum Maximum 80 feet 20 feet 40 feet 85 feet 20 feet 43 feet 90 feet 20 feet 48 feet MAR 2 6 2002 Multiple family homes must provide 2.5 parking spaces per dwelling unit. For example, a residential complex with 4 units must have 10 parking spaces. # of Required Units Spaces 4 10 8 2O 12 30 12 units total 4 units total Additional Requirements: The occupant of unit must own vehicles parked or stored on a residential property. The only exception is if a firm, corporation or entity for which the occupant is employed owns the vehicle. If the vehicle meets the del'tuition of a commercial vehicle it may not be parked or stored in a residential area unless it is within an enclosed structure or completely screened from adjoining properties. Any other part of the front yard, including the right-of-way, may not be used for parking at any time. Regulation Deadline: If t~e area that you are currently parking your vehicles does not meet the standards described above you will have until April 1, 2002 to change it. All areas must be an improved stabilized surface. For further information on this regulation, please call the Code Enforcement Department at (941) 403-2440. 2 6 2002 EXECUTIVE SUMMARY REVIEW THE WRITTEN AND ORAL REPORTS OF THE ADVISORY BOARDS SCHEDULED FOR REVIEW IN 2002 IN ACCORDANCE WITH ORDINANCE 86-41 OBJECTIVE: To determine if existing advisory boards continue to address the issues they were created for, continue to warrant the time and funding required to retain them, and whether any adiustments are necessary. CONSIDERATIONS: Ordinance 86-41 was created to provide a regular mechanism for the Board of County Commissioners to review all existing advisory boards every fourth year. There is a rotating schedule provided for within the ordinance that dictates which boards are to be reviewed in any given year. In 2002 the following boards are to be reviewed: Affordable Housing Commission Black Affairs Advisory Board Forest Lakes Roadway & Drainage MSTU Advisory Committee Hispanic Affairs Advisory Board Historical Archaeological Advisory Board Public Vehicle Advisory Committee Each board Chair provides a written report (copies attached) that answer specific questions provided for within the ordinance. In addition, the ordinance calls for each board to make an oral presentation to the County Commission during March of the year in which they are to be reviewed. FISCAL IMPACT: In each case the boards scheduled for review require only the staff time needed to attend, prepare back up information, minutes and any additional information required by the Committee/Commission members. At a minimum, an advisory board will normally cost $2,000 annually. However, for staff intensive boards with significant back up requirements such as the Planning Commission, the cost to the County may be as much as $40,000 to $50,000 annually in staff time, copying charges, minutes and other expenses. GROW'I'H MANAGEMENT IMPACT: There is no direct Growth Management impact associated with this item. RECOMMENDATION THAT THE BOARD OF COLLIER COUNTY COMMISSIONERS, review the written reports of the Boards scheduled for review in 2002 and direct any revisions that they determine are necessary to have these committees function as efficiently and effectively as possible. Prepared '-ThomasW. Olliff, Cou~)/' Manager ANNUAL ADVISORY BOARD REVIEW RE: COLLIER COUNTY AFFORDABLE HOUSING COMMISSION STAFF AGENCY: Housing and Urban Improvement Department, Community Development and Environmental Services Division AUTHORITY: Collier County Ordinance No. 91-65, as amended. SUBMITTED: SUMMARY: The Affordable Housing Commission is a nine member Board with five commissioners appointed by the Board of County Commissioners and four commissioners appointed by the City of Naples Council. The Board' s purpose is to create, review, and recommend policies to the Board of County Commissioners in an effort to increase the supply of decent, safe, affordable housing throughout the county. 1. Whether the Board is serving the purpose for which it was created. Yes, the Affordable Housing Commission is serving the purpose for which it was created. It reviews and monitors the implementation of the Housing Element of the Growth Management Plan and the Housing Assistance Plan. The Board has also begun to look into other mechanisms to increase the availability of affordable housing such as inclusionary zoning and linkage fees. 2. Whether the Board is adequately serving current comnmnity needs. Yes, the Board is adequately serving the community's needs. Of course with a county- wide deficit of over 20,000 affordable housing units, there is only so much impact this Board can have. The Board is however making the greatest possible impact on affordable housing policies that it is authorized to have. 3. A list of the Board's major accomplishments for the preceding twelve month period. - Review and approval of the Collier County Housing Assistance Plan. - Organization of the 3rd annual county-wide Housing Fair. - Organization of an affordable housing stakeholders meeting which included representatives from major employers in the county. - Preparation, review, and presentation of a Workforce Housing Workshop with the Board of County Commissioners. 4. Where there is any other board or agency, either public or private, which is serving or would better serve the purpose for which the Board. was created. No, there is no other board or agency better suited to serve the purpose of this Board. 5. Whether the ordinance creating the Board should be amended to allow the Board to more adequately serve the purpose for which it was created. No, the ordinance governing the Board is adequate. Other County personnel, boards, and departments, however, should be required to seek the Board's review of proposed actions for their effect on affordable housing, in accordance with the ordinance. 6. Whether the Board's membership requirements should be modified. No, the membership requirements do not need to be modified. 7. The cost, both direct and indirect, of maintaining the Board. The cost of maintaining this Board is approximately S2,000 per year. This includes staff time and materials. ANNUAL ADVISORY BOARD REVIEW RE: BLACK AFFAIRS ADVISORY BOARD STAFF AGENCY: John Dunnuck, Liaison, County Manager's Office AUTHORITY: Collier County Ordiaance No. 86-41, as amended. SUBMITTED: December 17, 2001 SUMMARY: Established in 1991, the Black Affairs Advisory Board identifies and evaluates problems unique to the Black community; reviews and recommends ways to ensure open communication between minorities and County government to foster better understanding of minority problems; and, provides reports to the Board as necessary on issues relating to minority Affairs. Current members of the Board include: Mr. Albert Wahbey, Chairman Mr. Rufus Watson Ms. Laverne Franklin Ms. Marian Thompson Mr. Robert Jenkins Mr. James Roath NIr. James Drayton Ms. Carolyn Spatta Ms. Gerry Moore The Board meets monthly, on the 3rd Monday of the month, at 6:00 p.m., in Conference Room E of the Community Development & Environmental Services Building. Meetings are taped and aired on Channel 54, the County's Government Access Channel. Pursuant to Ordinance No. 86-41, as amended, the annual report should consider: 1. Whether the Board is serving the purpose for which it was created. Yes. The Board advises the COllllty 01l minority affairs including County practices and current events and problems affecting the CO~mtotity. The Board also works to foster better tmderstamling of minority issues in an effort to improve Cotmty coordim~tiom 2. Whether the Board is adequately serving current community needs. Yes. gW~ile the Board is serving the needs desigmtted in the Ordimmce, it is contemplated and has been sztpported by the Black Affairs Advisor3' Board that a Htmtan Affairs Commission be established in lieu of this Board to address a wider range qf issltes with all 111illoritv iss.es. The Board respectively believed there are lnore isxz/es thai1 jltst "Blclck" a11d "Hi,WalliC" co~lcerlls. They also believe this coordillated gffort wo.hl be more effective. 3. A list of the Board's major accomplishn~ents for the preceding twelve month period (January 2001 - December 2001): Sitlce the last review the Black AJ)hir~' Advisoo' Board has bee11 succes.sfid ill lobb?lg for a named CotmO' fitcilio' after Dr. Rev. Martiu Ll~ther Kiltg Jr. Additio~lally the committee has focllsed its attelltion toward i11ternal hiring practices for ntillorities ami pronlotion of diversity i~l Collier ColmO'. As a result, the Office of Public blfOrlltation has cha~lged the O'pes of p.blicatiolls traditionally prod. ced. Also, Hlllnan Resources is looking into better nleans to recruit qttalified nlinoriO' candidates including tltili~.i~lg networki~lg strategies as recomme~lded by the Blacl, Affairs Advisoo' Board. Fblally, the Board reviewed ami recommended the revised district nlaps for the both the Board of CotmO' Commissio~lers a~ld the Collier CotmO' School Board. Gelteral topics discussed incliide nlelltori~lg progranls i11 COlljUllCtioll with the schools, af;'brdclble hoasi~g issltes in Collier Comity, the River Park i~lcide~lt, and the creatic, l of the Hunlall Relatiolls Conlnlissio11. 4. Whether there is any other Board or agency, either public or private, which is serving or would better serve the purpose for which the Board was created. The Black Affairs Advisory Board slq~ports the co~lcepttlal creation1 of a Humall Affairs Conlnlissioll. Abse~lt that, BAAB is the ctppropriclte board to serve the Conlntissioll regardblg matters for which this Board was created. 5. Whether the ordinance creating the Board should be amended to allow the Board to more adequately serve the purpose for which it was created. The Black Affclirs Advisory Board believes the curre~lt Ordi~Ic. lce provides adequate direction at this time. 6. Whether the Board's membership requirements should be modified. No. 7. The cost, both direct and indirect, of maintaining the Board. The Black Affairs Advisoo' Board operates Oll milli111al direct costs (paper, copies etc.). Staff time is the o111y indirect cost, which is a nli~li111a130 hoters an111tally. EXECUTIVE SUMMARYfREPORT FROM COLLIER COUNTY HISPANIC BOARD CHAIRMAN OBJECTIVE: To provide the Board of County Commissioners (BCC) with the status and activities report required by Section 2-834 of the Collier County Code of Laws and Ordinances (County Code). CONSIDERATIONS: Section 2-834 of the County Code requires that the Chairman of the Collier County Hispanic Affairs Advisory Board (HAAB) to submit a status and activities report regarding the HAAB to the County Manager and the BCC. This report must occur in March of 2002. 1. Is the Board serving the purpose for which it was created? Section 2-932 of the County Code sets forth the functions, powers and duties of the HAAB. The HAAB shall identify and evaluate any problems unique to the Hispanic Community and shall serve as a bridge of communication between minorities and the County Government. The HAAB is serving these purposes in the following ways. The HAAB has been having monthly meetings throughout Collier County, including Immokalee which has a high Hispanic population. The Board has been active in receiving and putting together information from the Hispanic community. The HAAB continues to serve as a voice of the Hispanic community and the conscience of the County Commission by relating Hispanic related information back and forth. The HAAB has reached out to other agencies and boards for assistance and cooperation in Hispanic issues. Examples of these efforts include contacts with the Sheriff's Office. the public school system and the Health Department. The Chairman has spoken to the Chairperson of the Black Affairs Advisory Board on numerous topics of public interest, including the proposed Human Rights' Ordinance and other minority issues in Collier County. In the past, the two Boards have met on an as needed basis. 2. Is the Board adequately serving current community needs? The HAAB has served as a forum for Hispanic issues involving law .enforcement, education, voting rights, redistricting, the U.S. Census, and farm worker problems. The HAAB will need to address housing conditions/code enforcement issues affecting the Hispanic community in the future. 3. List of the Board's major accomplishments during the preceding :},ear. The HAAB met with the United States Census representatives, representatives of the Immokalee Workers Coalition and the Immokalee residents in Immokalee to develop a sure and accurate census count. The HAAB has issued reports to the BCC regarding the neec~ for dialogue between farm workers and growers and how this is affecting the Hispanic community in Immokalee. The HAAB has held meetings with the Sheriff and farm worker representatives regarding public demonstrations and the laws and the Sheriff's policies and procedures to ensure peaceful and lawful demonstrations. The HAAB has instituted a Hispanic hotline to serve as a source of information for the Hispanic community. The HAAB has coordinated with the Collier County School District regarding academic performance improvement for Hispanic students. The HAAB has provided the BCC with input regarding redistricting boundaries and how they affect the Hispanic communities. The HAAB met with the Elections Supervisor to discuss the promotion of the Hispanic voter registration through public information and media resources. Individual members of the HAAB have volunteered at voter registration efforts at different locations in the County. The HAAB has provided recommendations to the BCC regarding the proposed Human Rights' Commission Ordinance and will continue to provide input as the ordinance is brought forward for consideration by the BCC. The HAAB has informed the BCC about issues affecting the Hispanic business community such as the rezoning affecting a blinds company that employs a large number of Hispanics. The HAAB has been instrumental in removing fees for SAT and PSAT examinations to allow greater participation by minority for economically disadvantaged students. Is there another board or public or private agency which is serving or can better serve the purpose of the HAAB? Although, there are other individuals and entities in the community that serve the Hispanic community, none of them serve as liaison to the County Commission. 5. Does the HAAB ordinance need to be amended? For years, members of the HAAB and the public have commented about the need for greater powers of the HAAB to address Hispanic community issues. However, in light of the proposed enactment of the Human Rights' Commission Ordinance, it is recommended that this item be reviewed after the Human Rights' Commission Ordinance process has been concluded to determine what the role of the HRC will be. 6. Should the Board membership requirements be modified? No. The cost, both direct and indirect, of maintaining the Board? The primary cost of maintaining the Board is indirect. These costs primarily consist of the time invested in the Board by Liaison Ramiro Mafialich, Chief Assistant County Attorney, and the support staff from the County Attorney Office that assists in coordinating and organizing the meetings. It is estimated that time commitment is an average of 15 hours per month for the liaison and 15-20 hours per month for secretarial support. The only direct cost identified during the previous year has been the cost of paper and supplies needed to notice meetings. This is estimated to be $300.00 per quarter. 1 RECOMMENDATION: That the County Manager and the Board of County Commissioners receive and review the HAAB Chairman's report in accordance with Section 2-834, Collier County Code of Laws and Ordinances. Prepared by: David Correa, Chairman, HAAB R'~miro Mafialich, HAAB Staff Liaison Date: Submitted by: David Correa, as Chairman Date: ~J//~/~, /~. ex7 d'~a~ H/Ramiro/Executi'.e Summar>/HAAB Exec. Summ To: From: Date: Subject: Memorandum Thomas W. Olliff County Manager Bob Jones Chairman, Forest Lakes Roadway and Drainage MSTU December 21, 2001 Annual Report for Year 2001 This memo will serve as our annual report as required by Ordinance 92-44. The Ordinance requires that the Chaim'mn of every Advisory Board to the Board of County Commissioners provide the following information. Is the Advisory Board serving the purpose for which it was created? Yes. The Forest Lake Roadway and Drainage Advisory Board has worked hard to improve drainage and roadway conditions within the Forest Lakes community. Is the Advisory Board adequately serving the current conm-~unity need? Yes. The Forest Lake Roadway and Drainage Advisory Board is the mechanism by which the MSTU continues to function effectively. 3. A list of the Advisory Board's accomplishments for the preceding 12 month period: During the past year the advisory committee has replaced 2 culverts, 1 xvith a larger culvert and an extension of the channel between txvo water retention lakes, the second one was under Forest Lakes Blvd., and included replacing a large head xvall to protect the culvert. Also, the MSTU has resurfaced a approximately V2 mile of Forest Lakes Blvd, and installed 3 streetlights at the main entrance road into Forest Lakes. Lastly all culverts xvere de-silted that lead into the retention lakes on the eastern of the MSTU boundaries. Transportation Operations Department Thomas W. Olliff, County Manager December 21, 2001 Page 2 of 2 Is there another Board or Aget~cy, public or private, xvhich xvould better serve the purpose for which the Advisory Board ,,,,,as created? No. The Forest Lakes Roadway and Drainage Advisory Board is the most appropriate vehicle for representing the taxpayers xvithin the MSTU boundaries. Should the Ordinance creating the Advisory Board be amended to better serve the purpose for which it was created? No. The enabling Ordinance (Ordinance 91-07) as amended to include roadway lighting ( Ordinance 2000-57) does not need to be amended at this time. Should the Advisory Board's membership requirements be modified? No. The membership requirements do not need to be amended at this time. The cost of maintaining this Advisory Board is as follows: The approved budget for fiscal year 2001 is S139,200.00. Of this amount, S10,800.00 is included for the indirect costs for county administrative expenses. Thank you for the opportunity to provide the foregoing report. We xvill make ourselves available to address the Board of County Commissioners if you so desire. Cc: Norman E. Feder, AICP, Transportation Administrator Edward J. Kant, P.E., Transportation Operations Director Pamela J. Lulich, ASLA, Landscape Operations Manager Bob Petersen, Project Manager, Transportation Operations MSTU Liaison File: Forest Lakes Roadxvay and Drainage MSTU (Annual Report to the Board) Transportation Operations Department MEMORANDUM DATE: TO: FROM: RE: December 14, 2001 Beth Walsh Assistant to County Manager Ray Belloxvs, Chief Planner ~'-~2 Planning Services Department Review of Advisory Boards Because I currently serve as staff liaison for the Collier County Historical and Archaeological Preservation Board, Ron Jamro has asked me to prepare a status report consistent with the reviexv criteria in Article Vll "Standards for Creation and Review of County Boards". Since this report is to be submitted to Tom Olliff by January 15, 2002, I am sending you the following information for your review and comment. This report xvas prepared in conjunction with the Preservation Board's chaim~an and is to be submitted to the Manager's Office prior to the date requested. The report is required to address the folloxving criteria: 1. Whether the board is serving the purpose for which it was created. The purpose of the Historical and Archaeological Preservation Board is protect, preserve and perpetuate Collier County's historic and archaeological artifacts, sites, districts, structures, buildings, and properties. The Preservation Board serves the purpose for which it was created by their review and recommendation of applications for the designation of sites and structure as "Historic" and participating in the designation of sites to the National Register of Historic Places. The Preservation Board is also vested with the power, authority, and jurisdiction to designate, regulate, and administer historical and archaeological resources in Collier County, as set forth in Section 5.14 of the Land Development Code, under the direct jurisdiction and control of the Board of County Commissioners. They serve this function by reviewing Historical/Archaeological Survey and Assessment reports that are required to be submitted by developers whose properties fall within areas designated as having a high probability of archaeological or historical significance. Since the Preservation Board functions as an advisory board to the Board of County Commissioners, their recommendations may be incorporated into the final local development order. 2. ~Vhether the board is adequately serving current community needs. The Preservation Board is serving the current community needs by increasing the public awareness of the importance and significance of Collier County's historical and archaeological heritage by preparing public information pamphlets and operating an informational web site. The Preservation Board also meets with individual citizens during their advertised monthly meetings to revie~v historical and preservation issues and they also provide a service to the community by volunteering their professional expertise in order to provide guidance in dealing xvith preservation issues and by assisting with grant applications from state, federal or private resources for preservation projects that are subject to the approval of the Board of County Commissioners. In addition, the National Historic 'Vres¢.' a. tion Act established a nationwide program of financial and technical assistance to pre :,,'ve historic properties - building, structures, neighborhoods, and other places of importance in the historic and cultural life in our communities. Collier County directly participates in this program since the Florida State Preservation Officer certified it on March 7, 1995. Collier County qualified for Certified Local Gox'ernment (CLG) status when it established its own Preservation Board. A major incentive of the CLG Program is the pools of grant funds State Historic Preservation Offices (SHPOs) set aside to fund local historic preservation projects. 3. List of the board's major accomplishments for the preceding t3velve-month period. o The Preservation Board had the following major accomplishments · They assisted with the National Register proposal and application for Roberts Ranch. · They issued a Certificate of Appropriateness (COA) for the proposed modification m the historically designated Roberts Ranch to allow for the reuse of the facility and site as a working ranch museum. · They reviewed 25 different development order proposals throughout Collier County to determine if a survey and assessment was required. · They approved 12 applications for a xvaiver from the survey requirements. · They provided technical assistance with the update of the Historical and Archaeological Probability Maps. · Assisted with the creation of the Collier County Historical and Archaeological Preservation Board Web Site. This web site provides the reviexv and processing procedures of the various preservation activities. It also provides a list and description of all the locally historically designated sites. · Pro~'ided support for grant assisted activities for Roberts Ranch. Whether there is any other board or agency, either public or private, which is serving or would better serve the purposes for which the board was created. There are no other public boards that have the experience and qualifications in dealing with historic preservation issues versus the qualifications that are required for membership in the Preservation Board. In addition, the Preservation Board members are appointed by the Board of County Commissioners on the basis of a potential member's involvement in community issues, integrity, experience, and interest in the field of historical and archaeological preservation. As a result, the Preservation Board has been able to provide a wide range of professional skills in the review preservation projects in Collier County. It should be noted that there are several local private "Historic Societies" that have varying degrees of historical information, however, they do not have the staff or professional expertise in other related areas that the members of the Preservation Board represent. Whether tile Ordinance creating the board should be amended to allow the board to more adequately serve the purpose for which it was created. The ordinance that created the Preservation Board was amended when it was incorporated into the Collier County Land Development Code (LDC). Since the Preservation Board activities have not been constrained by the currently adopted regulations, no amendments ate proposed at this time. However, if changes to the ordinance are proposed in the future, they can be properly processed during the regular LDC amendment cycle. 6. Whether tile board's membership requirements should be modified. The Preservation Board consists of seven members that have been appointed by the Board of County Commissioners. The appointments by the Board of County Commissioners are on the basis of a potential member's involvement in community issues, integrity, experience, and interest in the field of historical and archaeological preservation. Each member of the Preservation Board must also be a resident of Collier Count3.' and have a background that represents one of the following categories: 1. History; 2. Archaeology; 3. Real Estate, Land Development or Finance; 4. Architecture, Engineering, Building Construction, and/or Landscape Architecture; 5. Law or Urban Planning. The txvo remaining positions are filled by citizens-at-large. Therefore, the membership requirements appear to meet the needs of the County. Tile cost, both direct and indirect, of maintaining the board. Since the Preservation Board members are volunteers, there is no direct cost for their services. In addition, the Preservation Board has no permanent or solely dedicated office space or County staff that would be considered a direct cost. However, the Community Development and Environmental Services Division does provide adequate staff on an as need basis to assist the Preservation Board to perform its duties. The staff typically consists of one planner to coordinate the board's activities and one clerical person to transcribe the minutes. Since staff time typically varies from month to month depending on the activities of the Preservation Board, no standard or set time can be given to calculate an exact cost in staff time on a monthly or yearly basis. However, a general estimate of the average time and cost of planning and clerical staff is as follows: STAFF POSITION AVERAGE TIME SPENT AVERAGE COST Secretary 2 Hours per month $17.8 per month Planner 8 Hours per month $160 per month Total: $177.8 per month If you have any questions concerning this report, please do not hesitate to ask. Cc~ Ron Jamro, Museum Director Susan Murray, Current Planning Manager 12/10/01 11:29 FAX 941 403 2345 ANNU~ AL ADVISORY BOARD REVIEW RE: COLLIER COUNTY PUBLIC VEHICLE BOARD AND ADVISORY COMMITTEE STAFF AGENCY: Code Enforcement Department, Community Development and Environmental Services Division AUTHORITY: Collier County Ordinance No. 86-41, as amended. SUBMITTED: SUMMARY: The Public Yehicle Advisory Committee has the right to license, regulate and control the rates of motor vehicles for hire operating in Collier County. This committee is consisted of five (5) members, three (3) whom are license holders of vehicle for hire companies and two (2) who are not affiliated or associated with any vehicle for hire companies. This Connnittee meets quarterly to revie;v applications for new vehicle for hire companies, controls the taxicab color scheme, insurance requirements, in Collier County and regulates other ordinance requirements. 1. Whether the Board is serving the purpose for which it was created. This Board has provided and effective method of regulating Collier County's vehicle for hire companies in accordance with the Ordinance to protect the safety of the general public.. 2. Whether the Board is adequately serving current community needs. The Board has addressed several community needs successfully by applying enforcement methods toward citizens' complaints, resulting in compliance. 3. A list of'the Board's major accomplishments for the proceeding t3velve month period. · Several amendments to the Ordinance to improve enforcement regulations to better serve the community. · Enacted an emergency increase in taxicab rates due to fuel increase surcharge. · A combine vehicle inspection with the State of Florida Division of Weights and Measures to insure safety standards on all licensed taxicabs. . Approximate review of 60-70 companies per year to include approximately 450 vehicles. 4. ~Yhere there is any other Board or agency, either public or private, which is serving or would better serve the purpose tYor which the Board was created. This Board has fulfffiled the requirements to provide an effective method for regulating this ordinance's requirements. 12/10/01 11:29 FAX 941 403 2345 COMMUNITY I)EVELOPMENT 5. Whether the ordinance creating the Board should be amended to allow the Board to more adequately serve the purpose for which it was created. Ordinance has been reviewed and amendments have been approved by this Board and are pending BCC approval. 6. Whether the Board's membership requirements should be modified. N/A The cost, both direct and indirect, of maintaining the Board. N/A EXECUTIVE SUMMARY Report on the Pelican Bay MSTBU Ordinance and Public Opinion Poll OBJECTIVE: To report to the Board of County Commissioners the results obtained by the Office o~:the Clerk of Courts in regard to the Pelican Bay MSTBU ordinance. CONSIDERATIONS: In February of 2001, Dwight Brock, Clerk of the Circuit Court was asked by then Chairman James D. Carter to undertake the task of determining from the people of Pelican Bay their feelings in regard the Pelican Bay MSTBU. In order to do this the Clerk held four open community meetings, met with many individuals and groups from the community, and received numerous telephone calls and e-mails. From all of these contacts several areas of consensus were determined: 1.) Pelican Bay residents generally prefer the MSTBU forn~ of governance; 2.) both residential and COlnmercial/business, and other interests within Pelican Bay should be represented on the MSTBU advisory board; 3.) In so far as possible the MSTBU advisory board should exercise control over the daily operations of the unit; 4.) Property owners within Pelican Bay desire to have input into the process of selecting members who will serve on the MSTBU advisory board. Following this an ordinance was drafted to reflect these areas of agreement, to provide for a process whereby these concepts would be implemented, and to consolidate all previously existing Pelican Bay MSTBU ordinances and amendments. This ordinance was posted to the Clerk's website and comments were invited regarding it. Numerous individuals and groups within the Pelican Bay community have reviewed the ordinance and provided commentary. In addition, the Clerk or staff from the Clerk's office have been present for meetings of the MSTBU Advisory Committee, the Organization Structure Sub-committee, community forums, and the Pelican Bay Property Owner's Association annual meeting In February 2002, an opinion poll was sent to all of the property owners within Pelican Bay as identified by the Property Appraiser's listing asking them to respond to two questions: 1.) Have )'ou read the ordinance? Yes or No. 2.) Do you agree with the ordinance? Yes or No. As of March 15, 2002, these results could be reported: Total number of responses received: 1,364; For the Proposed Ordinance, 1,120; Opposed to the proposed ordinance, 160; No opinion indicated, 84. FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: NONE - This submission is not the opinion of the Clerk's office, but is only our reading of the opinion of a consensus of the People of Pelican Bay. Prepared by: Reviewed by: J. Walter Cross, Executive Assistant to the Clerk Dwight,~I~ro~ck-' Clerk 6~_he Circuit Court Collier County, Florida EXECUTIVE S~RY FINAL ACCEPTANCE OF WATER UTILITY FACILITIES FOR SHALOM 2000 BUILDING ADDITION OBJECTIVE: The Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, to accept the conveyance of the water facilities. CONSIDERATIONS: 1) The Developer of Shalom 2000 Building Addition, has constructed the water facilities within dedicated easements to serve this development. See attached location map. 2) Preliminary acceptance was approved by the Community Development and Environmental Services staff on February 21, 2001, 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 facilities have been operated and maintained by the Collier County Water-Sewer District during the one (1) year warranty period. 5) A final inspection to examine for any defects 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 $1,740.00, will be released to the Project Engineer or the Developer's designated agent upon the Boards approval. FISCAL IMPACT: The water facilities were constructed without cost to the Collier County Water-Sewer District. The cost of operating and maintaining the water facilities will be paid by monthly user revenues. GROWT~MA/qAGEMENT IMPACT: This project has been connected to the County Regional Water Treatment Plant. Capacity presently exists to serve this project. MAR 2 O 2082 Executive Summary Shalom 2000 Building Addition Page Two RECOMMENDATION: The Community Development and Environmental Services Division Administrator recommends that zhe Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, accept the wa~er facilities for Temple Shalom, and release the UPS to the Project Engineer or the Developer's designated agent. PREPARED BY: Engineering .~ervices Date REVIEWED BY: Thomas E. Kuck, P.E. Engineering Services Manager APPROVED BY: / Joseph ~. Schm~tt, Adm~istrato COMMUN/TY DEVELOPMENT AND ENVIRONMENTAL SERVICES atZachments Date NAR 2 6 2002 VANDERBI LT N ApL£S 4 l~,i ~/CORONADO OLbE ,'- <WOOOS?OCK A~ --~1 RAVENNA AL' I FLOR! DA RD 1 36 I 31 BEACH wo.~: 34 RD EXT 3 3 AV N~. .... i AV Nm GOLDEI S UST Official Check 4701647583 .PAY 740 00'*** · · UlPlllfl.03 0343 Date Initials (type) Center (Mt.. 31,2000 $ To the Order of ,:ORN ilo ~ ? 50': Payable at SunTrust Bank .. t, ? 0 i, r::, t, ? S 8 ~"" ?0 LqO Lqqq~','. MAR 2 6 2002 Official Receipt - Collier County Board of County Commissioners CDPR1103 - Official Receipt Tran~Number ........ Date ......... Post Date Payment Slip Nbr 231600 11/03/2000 2:38:49 PM '11/03/2000 MS 78083 TEMPLE SHALOM, INC. SHALOM 2000 BUILDING ADDITION Payor'TEMPLE SHALOM Fee Information Fee'S, ode-'Description ' '-~E-~,~coun-t ......... Am~jnt waived ' ;F2BO_N_D '_-_DI~OSlTS-COMM DEV (CASH_~OI~Df~7.07~0~)00_~_~0~1300_0_-_00 -~ ~i740;00- Total $1740.00 Payments ~ Pa_y__rnent_C__od~e ____Ac~0unt/Check Number _C._HE~C_K- ..... 4701647583 ..- ...... ~ ..... ' ..... _-_- .... --__~ .... _- ........... i __-~_74~_:~)0 Total Cash $0.00 Total Non-Cash $1740.00 Total Paid $1740.00 Cashier/location: FROLOFF E / 1 Use,: NIX S Collier County Board of County Commissioners CD-Plus for Windows 95/NT Print~ ~EJ~ID A ITEM MA~ 2 6 t:11/03/200._0 2:39:20 PI~4 P~. EXECUTIVE SUMMARY AMEND A GRANT AGREEMENT FROM THE FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION FOR DERELICT VESSEL REMOVAL TO INCREASE THE AMOUNT AWARDED BY $35,000 TO A TOTAL OF $46,000. OBJECTIVE: To preserve and enhance the waterways and estuaries of Collier County through the removal of derelict vessels. CONSIDERATION: The Florida Fish and Wildlife Conservation Commission initially offered Collier County a $11,000 grant for FY 01/02. The FWCC Law Enforcement has documented 23 derelict vessels in the waters of Collier County. The award amount was not enough to remove all of these vessels. The FWCC has offered us additional funds for the removal of all the documented vessels. All work under the amended agreement must be completed by May 21, 2002. FISCAL IMPACT: Staff processed a budget amendment for $11,000 into the derelict vessel cost center after approval of the initial agreement. A new amendment increasing the amount by $35,000 to a total $46,000 will be processed. This isa 100q~ reimbursement grant and no matching funds are required. GROWTH MANAGEMENT IMPACT: The grant money will support Objective 6.6. 6.7 of the Conservation and Coastal Management Element of the County Growth Management Plan. ~COMMENDATION: That the BCC authorize the Chai~an to sign the amendment to the FWCC grant and approve the appropriate budget mendments. Douelas ~. S~, Senior ~vironmenml Specialist REV~WEDBY: ' , L Date:~'~' Wil~ D. ~renz, Jr2~.E/~r~tor, Natural Resources Department ~l~ , ~ .... ,. ~ ' ~_ ~ .... /. · , ,' community Development & En~ ironmental Se~ices AGENDA ITEM g 6 Pg' , FWC ,.,greement No. 01014 AMENDMENT TO AGREEMENT THIS AMENDMENT TO AGREEMENT is entered into by and between the FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION ("COMMISSION"), and COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS ("GRANTEE"), and amends that Agreement entered into between the COMMISSION and the GRANTEE dated December 7, 2001, and hereinafter referred to as the "ORIGINAL AGREEMEN'F'. In consideration of the mutual covenants and conditions set forth herein and in the ORIGINAL AGREEMENT, the parties agree to amend the ORIGINAL AGREEMENT as follows, which amendments shall govern to the exclusion of any provision of the ORIGINAL AGREEMENT to the contrary: Paragraph 3.a. is hereby revised to increase the cost reimbursement not-to-exceed amount from $11,000.00 to $46,000.00, an increase of $35,000.00. Attachment B, Exhibit 1, is hereby revised to increase the amount of the grant from from $11,000.00 to $46,000.00. All references in the original agreement to section 216.3491, F.S. are hereby replaced by section 215.97, F.S. All provisions of the ORIGINAL AGREEMENT not specifically amended herein shall remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this AMENDMENT TO AGREEMENT on the date and year last written below, COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION Chairman ~ James N. Coietta Colonel Robert L. Edwards Director, Division of Law Enforcement Date Date Approved as to form and legality: ¢Wc Attorney "1 AGENDA iTEM." No., MAR 2 6 2002 EXECUTIVE SUMMARY FINAL ACCEPTANCE OF WITTER UTILITY FACILITIES FOR MEDICAL OFFICES AT NAPA RIDGE OBJECTIVE: The Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, to accept the conveyance of the water facilities. CONSIDERATIONS: 1) The Developer of Medical Offices @ Napa Ridge, has constructed the water facilities within dedicated easements to serve this development. See attached location maE.. 2) Preliminary acceptan3e was approved by the Cormr~unit'~~ Go Development and Environmensai Services staff on October6, accordance with Ordinance 9'~-~7. in 3) Staff has recorded ail appropriate legal documentation %zkich had been reviewed by %he Cou?~Ey A5torne~'s office for legal sufficiency. 4) The water facilities have been operated and maintainec by the Collier County Water-Sewer Dis%rict during the one i) year warranty period. 5) A final inspection ~o examine for any defects ~n materials and workmanship was conducYed by the Community Development and Environmental Services Division staff and found to be satisfactory. 6) The Utilities Performance Security (UPS), in the form of an Irrevocable Standby Letter of Credit No. 05-99-0188, in the amount of $5,554.50, will be released to the Project Engineer or the Developer's designated agent upon the Boards approval. FISCAL IMPACT: The water facilities were constructed without cost to the Collier County Water-Sewer District. The cost of operating and maintaining the water facilities will be paid by monthly user revenues. GROWTH M]%NAGEMENT IMPACT: This project has been connected to the County Regional Water Treatment Plant. Capacity presently exists to serve this project. 20O? Executive Summary Medical Offices @ Napa Ridge Pace Tv:c. RECOMMENDATION: The Community Development and Environmental Services Division Administrator recommends that the Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, accept the water facilities for Medical Offices @ Napa Ridge, and release the UPS to the Project Engineer or the Developer's designated agent. PREPARED BY; Shirley Ni¥, Engin'eering Technician Engineerin~.¢eview Services Date Thomas E. Kuck, P.E. Engineering Review Services Manager Da<e z APPROVED BY: / / ,Joseph K. Schmitt/ Adminisb~-at©r COMMUNLTY DEVEL©~ENT ~ND ENViRONMENTaL SERVICES at~a~men~s ~at'e N WOOOS 7 32 2O OLDE GAT PKWY 34 VANDERBILT BEACH RD EXT 7 AY NW 4 PALMETTO WOOD~ DR 9 SYCAMORE DR 7 Ay Sw 16 K.Mart L 12 L NAR 2 6 200.2' ISSUER: PLACE AND DATE OF ISSUE: PLACE OF EXPIRY: FIRST NATIONAL BANK OF EO. Box 413043 Naples, Florida 34101-3043 Phone: (941) 262-76~ Fax: (941) 2624267 iRReVOCABLE STANDBY LETTER OF CREDIT NO. 05-99-0188 First National Bank of Naples (hereinafter "Issuer"). 900 Goodlette Road North Naples, Florida 34102 900 Goodlette Road North Naples, Florida 34102 May 3, 1999 At Issuer's counters. DATE OF EXPIRY: This Credit shall be valid until May 3, 2000, and shall thereafter be automatically renewed for successive one-year periods on the anniversary of its issue unless at least sixty (60) days prior to any such anniversary date, the Issuer notifies the Beneficiary in writing ~ registered mail that the Issuer elects not to so renew this Credit. APPLICANT: NAPA RIDGE PROPERTIES, INC., a Florida corporation. BENEFICIARY: The Board of County Commissioners, Collier County, Florida (hereinafter "Beneficiary") Collier County Courthouse Complex, Naples, Florida 34112. ~OU~T: $5,~4.50 '~' ~ ) ,,~ ~ =~ ~r~ate thereof CREDIT AVAILABLE WITH: Issuer. BY: Payment against documents detailed herein and Beneficiary's drafts at sight drawn on the Issuer. "Where litzle things make a BIG difference." HAY 1 0 1999 .oRR,so. co.l o¥. FIRST OF N.APLES NATIONAL BANK EO, Box 413045 Naples, Florida 34101-3043 Phone: (941) 262-7600 Fax: (94B 262-6267 Napa Ridge Properties, Inc. Letter of Credit 05-99-0188 Page 2 DOCUMENTS REQUIRED: AVAILABLE BY BENEFICIARY'S DRAFT(S) AT SIGHT DRAWN ON THE ISSUER AND ACCOMPANIED BY BEN~FICI~qY'S STATEMENT PURPORTEDLY SIGNED BY THE COUNTY MANAGER, CERTIFYING THAT: "Napa Ridge Properties, Inc. has failed to construct and/or maintain the water improvements as shown on the plans, cr a final inspection satisfactory to Collier County, pursuant to Collier County Ordinance No. 88-76, as amended, has not been performed prior to the date of expiry, and satisfactory alternative performance security has not been provided to and formally accepted by the Beneficiary." DRAFT(S) DRAWN UNDER THIS LETTER OF CREDIT MUST BE MARKED: "Drawn under First National Bank of Naples' Credit No. 05-99-0188, dated May 3, 1999." ~- e original letter of credit and all amendments, if any, must be presented ,or proper endorsement. This Letter of Credit sets forth in full the terms of the Issuer's undertaking and such undertaking shall not in any way be modified, amended, or amplified by reference to any documents, instrument, or agreement referenced to herein or in which this letter of credit relates, and any such reference shall not be deemed to incorporate herein by reference any document, instrument or agreement. Issuer hereby engages with Beneficiary that draft(s) drawn under and in compliance with the terms of this credit will be duly honored by Issuer if presented within the validity of this credit. This credit is subject to the Uniform Customs and Practice for Documentary Credits (1993 Revision) International Chamber of Commerce Publication No. 500. FIRS~/~uNE OF NAPI. S~S_3. ~niVan, Vice Pres ide "VJke-re lin/e things make a BIG difference." EXECUTIg'E SUMMARY PETITION CARNW-2001-AR-1713,PEG RUBY. SPECIAL EVENTS COORDINATOR. COLLIER COUNTY PARKS AND RECREATION, REQUSESTING PEILMIT TO CONDUCT A CAI~NIVAL APRIL 12 AND 13, 2002. ON COLVNTY OV~rNED PROPERTY AT THE VINEYARDS COMMUNITY PARK LOCATED AT 6231 ARBOR BOULEVARD. OBJECTIVE: Peg Ruby, Special Events Coordinator, Collier County Parks and Recreation, is requesting that the Board of County Commissioners approve a permit to conduct a carnival April 12 and 13, 2002, on County. owned propen3' at the Vineyards Community Park located at 6231 Arbor Boulevard. The applicant is also requesting waivers of the Surety Bond, Occupational License and Carmval Fee. CONSIDERATIONS: The Collier County Parks and Recreational Deparment has made application to the Board of County Commissioners for a perrmt to condu~t their carnival. Peg Ruby, Special Events Coordinator, Collier County Parks and Recreation, has presented evidence that all the criteria has been met for the issuance of this permit. Staff supports the waiver of the Surety. Bond as there have been no previous problems related to clean up of the site after the carnival. The required insurance amount of $1.0007)0.00 has been purchased and the County named as additional insured. FISCAL IMPACT: The applicant is requesting a waiver of the $275.00 perrmt application fee. This wmver has been granted in past years. It is Board pohcy that requests waiver of such fees be grained only by the Board. GROWTH MANAGEMENT IMPAC~1: '[here is no Gro~th Management Impact. RECOMMENDATION: That the Board of CounB' comrmssioners approve the pernm to conduct the carnival and waivers of the carnival fee, occupational license' and sureU' bond. PREPARED BY SUSAN MURRAY, AICP INTERIM DIRECTOR. PLANNING SERVICES DEPARTMENT DATE REVIEVffED BY: ~S~USAN MURRAY, AICP INTERIM PLANNING SERVICES DIRECTOR DATE APPROVED BY: ;%- ,..- ./, · I[Os~PH K. S~TT, ADMINISTRATOR ,fO/MMUNIT~ DEg..AND ENVIRONMENTAL SVCS. DATE ~ COLLIER COUNTY GOVERNMENT DIVISION OF PUBLIC SERVICF.~ PARteS AND RECREATION DEPARTMENT 3300 SANTA BARBARA BOULEVARD NAPLES, FL 34116 (941) 353-0404 FAX: (941) 353.1002 Website: colliergov, net March 1,2002 Cecelia Martin Plmming Tech II Community Development 2800 North Horseshoe Drive Naples, FL 34103 Dear Ms. Martin: Colher County Parks and Recreation Department will be holding the 4th annual County Jam at Vineyards Community Park. 6231 Arbor Blvd. Naples, Florida on April 12 - l 3, 2002. Friday hours of operation will be from 5:00 - 10:00 pm and Saturday will be 2:00 - 10:00 SAE Amusements exceeds the one million dollar insurance pohcy and has named The Board of Collier CoanW Commissioners as additional inst~ed. We are requesting waivers of the Carnival Fee, Surety Bond and Occupational Liecnse for this event. If you have any questions please contact me at (941)353-0404 Sincerely, Peg Rub5', Special 'Events Coordinator Collier County Parks and Recreation 2007 ADDRESSING CHECKLIST Please complete the following and submit to the Addressing Section for Review. Not all items will_ a~ply ~c_, every ~roiec__~ Items in bold tv~e are requ{red, of subject rope or properties ( cop~v of lengthy dcscrtprton may be attached) 1. Legaldescription. ~~ _ 2, Folio (Property ID) numb~l;(s) Qfgbove (attach to, or associate with, legal description if more than one, 4. Location map, showing exact location of project/site m relation to nearesl public road right-of-way (attact: 5. Copy of survey CN'EEDED ONLY FOR UNPLATTED PROPERTIES) Proposed project na~lae (~fap£licable) ~ , 7. Proposed Street names (~fapplicd~e) Site Development Plan Number (FOR EXISTING PROJECTS/SITES ON-LY) SDP Petition Type - (Complete a separate Addressing Checklist for each Petition Type) SDP (Site Development Plan) SDPA (SDP Axnendmem) SDPI {SDP lnsubst~'~rial Change) SIP (Site Improvement Plan) SI'PA (SIP Amendment) SNrR. (Street Name Cha_age) Vegetation/Exotic (Veg. Removal Permits) Land Use Petition (Var/ance, Conditional Use, Boat Dock Ext., Rezone, ~l~JD~e, ~ [] Other - Descr/be: [--] PPL (-Plaras & Plat Review) [] PSP (Prelim/nary Subdivision Plat) [-~ FP (Final Plat) []] LLA (Lot Line Adjustment) [] BL CBlmsriag Permit) []] ROW (Right-of-Way Permit) ['~ EXP (Excavation Perrrdt) [23 VRSFP ('Veg. Removal & Site Fill ?ermi:) g errn 10. Project or development names proposed for, or already appeanng m, condominium documents (if apphcabie; indicate whether proposed or existing) 1 1. Please Check One: ~/]~Checkl~t i&,,to be Faxed Back []] Personally Picked Up 12. Applicant Name ~(~a [~0J,~ . Phone .__gl.,~.q~_Fax__~_.~00 ~ 13. Signature on Addressin~ (~eklist do(~ not conatitute Project md/or Street Name approval and/s subjec: ~ further review by the Addressing Section. FOR STJ~FF USE ONLY Primary Number Address Number Address Number Address Number Revi~ccl 3-2 l-01 Approved by Date Pg,.,~ '" DESCRIPTION OF LANDs COUNTY UTILITY EASEMENT SUBJECT TO ~ASEMERTS, A 15.00 FOOT WIDE STRIP OF LAND LOCATED IN THE VINEYARDS UNIT 3, AS RECORDED IN PLAT BOOK 16, PAGES 2-5, IN THE PUBLIC RI~CORDS OF COLLIER COUNTY, FLORIDA, LYING 7.50 FEET ON EITHER SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMHENCING AT THE NORTHWEST CORNER OF SECTION 5, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; SAID CORNER BEING A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF VANDERBILT ALONG SAID RIGHT-oF-WAY LINE SOUTH 89'55,24,, EAST, A DISTANCE OF 83.53 FEET TO THE BEACH ROAD; THENCE A DISTANCE OF 2274~; THENCE SOUTH 01'28~00, EAST, · 11 FEET; THENCE SOUTH 22'51,12,, EAST, A DISTA}~cE OF 27.42 FEET; THENCE SOUTH 01'28'00,, EAST, A DISTANCE OF 70.70 FEET; THENCE SOUTH 20'18'58,, WEST, A DISTANCE OF 26.94 FEET; THENCE SOUTH 01'28'00,, EAST, A DISTANCE OF 318.95 FEET TO THE SOUTH BOUNDARy OF TRACT S-4 AND THE END OF THE CENTERLII~E; RESERVATIONS, OR RESTRICTIoBs OF RECORD -~-049\TRS4U3 MAR 2 § 2007 NOTE: Please re'ad rexerse side completing tins Petitic,',~ Cc',p:,: Zonin,z Direct,,: Cop>'. Pemioner Cop'.,: 14~ County .Xcimin~strat~ ,: CARNIVAL OPERATION PETITION PROPERTY OWNER'S NAME: ((,[{, f kL~'Ogt [~¢(F5, ELEPHONE: PROPERTY OWNER'S ADDRESS: 3k6' ~/'?~* [~'{}'f~ LEGAL DESCRITPION OF SUBJECT PROPERTY: CURRENT ZONING: 7'" NATURE OF PETITION: ( THE FOLLOWING INFORMATION IS INCLUDED IN THIS PETITION. (FOR EXPL.4 NATION. SEE NEXT PA GE. ~ 3.a. 3.e.l) 3.e.4) 3.e.7) 3.b. 3.e.2). 3.e.5) 3.e.8) 3.c. ' 3.e.3) " 3.e.6) 3.e.9) 3.d. *'- Comments: SIGNATUR~JOF PETiT'lONER DATE REVIEWED by Board of County Commissioners: Approved: [] Disapproved: [] Conditions of Approval: SIGNATURE OF COtNIY AI)5IINISTI SHERIFF DON HUNTER,coLuE~ 333', ~rsrr~sr~i'Tzai Fast, Biag-c Nar, les. FL 34112 (94:) 774-4434 wwwcoh;ersne-,', 3[..q February 20, 2002 Cecelia Martin, Planning Tech II Community Development 2800 North Horseshoe Drive Naples, FL 34103 Dear Ms. Mar'tin: The ,4t" Annual Country Jam wiii be he!d at Vineyards Community Park, 6231 Arbor Blvd. Naples, Florida on April 12'h and 13th, 2002. The Collier County Sheriffs Office will be on site before, during and after operation hours of this festival, providing traffic control and security. If you have any question I can be reached at (941)' 530-9715. Sincerely, Ist Sergeant Mike Jones Patrol Divisio~ Sner,, s Office is preser',,,~ ar~c p;:;~u~.~ duty of trle Coil:er Cou¢~',y '" to tiros, proper~y a.qd constilutional _odarantees ot ail persons." 1780 Immokalee Road · Naples. Florida 34!10 (941) 597-3222 · Fax (941) 597-7052 February 27, 2002 Collier County Plarming Department Ms. Susan Murray 2800 South Horseshoe Dr. Naples. FL 34104 Dear Susan. I am in receipt of the preliminar.x paper ~ork and aware of the 4t~'' Annual Country Jam Event which will be held on April 12 - 1'~ 21~02 iz the Vineyards Community Park located <5 6231 Arbor Blvd. Naples. FL. The North Naples Fire Control & Rescue District v,-ill be on site to inspect all aspects of fire safeu' prior to the scheduled operamm of the festival. . ~9 If you have any questions, please do not hesitate to contact me '~ (94l). 7-9__/. SincerelY. Kart K. Reynolds. t3ire Marshal North Naples Fire Control & Rescue District cc: Peg Rub>'. Marketing 'Special Events Coordinator Collier County Parks & Recreation KKPe'dxv INDIVIDUAL BOOTtt NOTIFICATION FORM FOR TEMPORARY EVENTS Name of Event: ( (.'i. !:t.'~ ,. . Person in Charge of Booth: I~ ('~ f(~, (~/(' 4~L¢ Types of Food or Beverage to be Served: Florida Administrative Code. Chapter 10D-13 requires all food to come from an approved source. All food storage, preparatiou and utensil cleaning for this event shall not be done in private homes. - Location of advanced food preparation: How ,,,'ill food be transported to eve,,t location? Method of keeping food hot and/or cold at event site: [~/' (; Method of cooking food at the location: Food must be protected from dust, insects, tlies, coughs, sneezes. How will you provide this protection? Describe type ofstructurc: , ' Adequate facilities and supplies shall be provided for employee handwashing. How will you t ~,.~,'[ .' · . ,' ~ provide this? ~d\>,' .il , >~, i~ ,'; ~ ,~ ,,, ~ For Information and Assistance contact: Environmental ltcalth & Engineering Departmen! - (941} 41 Failure to comply with applicable food service requirements in accordance with Chapter 10D-13, Florida Administrative Code, may result in enforcement action. Do you understand this completels'? YES ~ NO [~ I certify that to the best of my knowledge and belief all of the statements contained herein and on any attachments are true, correct, complete, and made in good faith. I understand that these regulations include food intended for service to the public regardless of whether there is a charge for the food. I agree to assume responsibility for this establishment and 1 certify that said business will be conducted in compliance with the Florida Administrative Code, Chapter 10D-13. Siglmture of Applicant' CARNIVAL PETITION APPI_I(' .XTION' L\'DII'IDUA L BOOTH NO [IFICA TION FORM FOR TE~%fPOP~iR Y EVE.VTS AG.Sh~ ~ ~TE~ SPONSOR NOTIFICATION FORM FOR TEMPORARY E'VENTS Name of Event: Address of Event: Date(s) of Event: Sponsor of Event: . Address of Sponsor: Person in Charge of Food Service: Phone: ~-~i.~ /);'" ' /' i~' ¢ Number of Food and Bexerage Booths: Estimated number of attenders expected at the event at one time? ./· .' ' ~ ' Number of toilets to be provided: Portable: Male (.~' } Fenmle Permanent: Male (7~) Female Method of toilet xvastc disposal: Describe method of liquid kitchen waste disposal: Describe containers and method of solid waste disposal (garbage): 1 · ~umber of solid ~'aste disposal containers provi~e~: Describe facilities and method of bandwashing: :-~ ~ )~(. /,/' '~" '.~ Describe facilitie~ and method of utensil ,wa/siting, rinsing and sanitizing: Source of potable ,,'atm': ~.?~',f:~* t c_ :,tc For Information and Assistance, contact: Enxiromnental Health & Engineering Department - (941 } 403-2499 As the sponsor of this event you are responsible to notify all food vendors of the temporary food service requirements. Failure to comph' may subjecot the booths to be closed for public health reasons. Do you understand this completely. I certi~' that to the best of my knowledge and belief all of the statements contained herein and on an), attachments are true, correct, complete, and made in good faith. I understand that these regulations include food intended for service to the public regardless of whether there is a charge for the food. I agree to assume responsibility for this establishment and I certify that said business will be conducted in compliance with the Florida Administrative Code, Chapter 10D-13. Signature of Sponsor's Agent CAR_NIVAL PETITION APPLICATION,' SPONSOR NOTIFICATION FORM FOR TEMPORARY EVENTS AGE.~A ITE~ HAAS.WILKERSON COVER PAGE PLEASE DELIVER THIS FAXED MATERIAL IMMEDIATELY TO: ~ PROM: ~a~'e Ra kit. -- (%~.71 ,347 -62 Sarasota uS men~ Enter rise nc. C_ERTI?I_CATE OP ~ TH~ - R LI~ ~r ~ .... , ' -- 1ES E ~ EFFECT FO .... = REQ~ST~D PART FORC I~S ~T T~ ~TE F~T~R CO~ TH~ POLICY. THE CERTIFI ' - .... ~=~F~ ~ER ~ TE~S OF . LISTED AS ADDITIO~a~ W~ TRUST YOU WILL FI~ TEE C~RTIFICATZ IR ORDER ~ND IF YOU QUESTIONS, p~SE FEEL FKE~ TO CO.ACT O'~ OFFICE. TOTAL NUMBER OF PAGES {INCLUDING THIS ~AG~) OF FAX: P__LEASE CALL .SENDE,P~ 200:: · . . THIS CERTtFICATE DOES NOT AMEND, EXTEND PO gc~ A1740 ' COMPANI~ AFFORDING COVE~GE S~ Petersburg FL 337~3 ~P~Y Sarasota Amusemen~ Ent., inc. 5131 Wauchule Ro~d Myak~a City FL 34251 C CoMpAN~ ~15 I~ TO CERTIFY THAT THE POLICIES 0~ INSURANCE ~IST~D B~OW HAVE BEEN ISSUED TO THE INSURED NAMED ABOV~ FOR TN~ PO.ICY INDICATED, NO~STANOING ~Y ~OUIREMENT. ~RM 0R CQN01TION OF ANY CONTRA~ O~ OTHER DOCUMENT W~W RESPE~ TO wHICH T~IS CERTIFi~TE MAY BE ISSUED OR MAY PERTAIN. ~E IN~RANCE AFFORDED BY THE ~Lt~ES 0ESCRIB~D HEREIN IS 5U~ TO ALL THE T[RMS, EXCLUSIONS ~O CON~iONS 0~ SUCH P~LICIE5. LIM~S SHOWN MAY HAVE EEEN ~DU~ BY PAID A~MO~LE ~ OwNeD ~OS tPe~ pm~o ~ ri ~U~D ~TOS EODILY INJU~v j a a~ ~IU~Y ~ OTH~ ~AN A~TG ONLY: · H; P~Pn~Oe/ ~ INC~ j ~THiR , ~cm~ON o~ O~ONS~CA~IONS~H~C~/S~A[ AOOITIO~L INSURED: BOARD OF COUNTY DATES: APRIL 10, 20~2, TO APRIL 15, ~ ' , ~ .: . ~ x Board of CounW Commissioners ~,A~o, ~A?~ ~,~,. ~ ms~' ' T Nsples, FL 34112 o~ ~ ~o u~ ~.[ co~Y~ ~?~ o~ Bid 01-3250 Portable Toilet Rental Expires: September 30, 2002 JW Kraft {Naples) 343350 941/261-5768 Waste Management {Naples) 294660 941/649-8638 Daily cost of rental unit cleaned one time per $1.50 JW Craft week - Naples and Marco _ Daily cost of rental unit cleaned one time per $1.55 JW Craft week- Carnestown, Immokalee & Everglades ..... Daily cost of rental unit cleaned two times $2.50 JW Craft ~er week- Naples and Marco Waste Mgmt. Daily cost of rental unit cleaned two times $2.50 JW Craft per week- Carnestown, Immokatee & Waste Mgmt, Everglades _ Daily cost of hand. i.cap rent~tunit cleaned $3.00 JW Craft two times per week -- Naples and Marco Waste Mgmt, Daily cost of _h.c. ndicap r,¢ntal unit cleaned JW Craft two time per week -- Camestown, $3.00 Waste Mgmt, Immokalee & Everglades _ Dally cost of rental unit cleaned three times$3.50 JW Craft per week - Naples and Marco Dally cost of rental unit cleaned three times$3.50 JW Craft per week - Carnestown, Immokalee & Everglades , ,, Daily cost of rental unit cleaned dally - $6.00 JW Craft Naples and Marco _ Daily cost of rental unit cleaned dally - $6.00 JW Craft Carnestown, Immokalee & Everglades Daily cost of rental per Special Event - $20.00 Waste Mgmt. ~GENDA ITE.~ Daily cost of handicap rental per Specia! $30.00 Waste Mgmt. file :iA\CWW2kHTTPROO'rkcwv,'kBi ~l-~\t oi tots. Event--Naples and Marco I 1 Dally cost of rental per Special Event - $20.00 Waste Mgmt. Carnestown, Immokalee & Everglades Daily cost of handicap rental per Sepcial Event-- Carnestown, immokalee & $30.00 Waste Mgmt. Everglades _ Monthly cost of holding tank maintenance at $100.00 JW Craft the Immokalee Landfill file:/A\CWW2\HTTPROOT\c ww~Bids\toilets.html MAR 2 6 200.7 Collier County Parks & Recreation Presents Gator Country_.~R~ 101.9- - Vineyards Community Park 6231 Arbor Blvd, Naples, FL Aprn ~- ~, ~00~ (941) 353-0404 ~v.cou nlJ-,'jam_naplc s. c~ ~ n Friday Gates Open at 5:00 PM Saturday Gates Open at 2:00 PM Entertainment Carnival Rides & Games (Friday - $10.00 Am~band) Petting Zoo · Pony Rides Rock Wall · Mechanical Bull Food · Arts & Crafts Ticket Information Children 10 and Under Free $15 Advance One-Day Tickets $20 Advance Two-Day Tickets (Good for the entire event) Advance Tickets go on sale Friday March 15 at Collier Count3., Community Parks Gator Country 101.9 in Ft. Myers (4210 Menlo Pk~y) ????????I'icket Location??????? ???????YI'icket Location??????? Or by phone at (866)278-3440 $15 Daily at the Gate Ample Free Parking A ailab]e On Site No Coolers or Alcohol Pemfitted Bring Your Blankets & Lawn Chairs Peru:it No. STATE OF FLORIDA: COUNTY OF COLLIER: PEILMIT FOR CARNIVAL EXHIBITION WHEREAS, Peg Ruby, Special Events Coordinaotr, Collier County Parks and Recreation Department, has made application to the Board of County Commissioners of Collier Count)', Florida, for a permit to conduct a Carnival Exhibition; and WHEREAS, Peg Ruby, Special Events Coordinator, Collier County Parks and Recreation Department. has presented to the Board sufficient evidence that all criteria for the issuance of a permit to conduct a County Jamborce Carnival as set forth in Chapter 10, Article II, Amusements and Entertainments, of the Collier County Code have been satisfied and that such Carnival Exhibition will be conducted according to lawful requirements and conditions; and NO\V, THEREFORE, THIS PERMIT IS HEREBY GRANTED TO Peg Rub),, Special Events Coordinator. Collier Count3' Parks and Recereation Department, to conduct a Carnival Exhibition from April 12th through April 13. 2002. in accordance with the terms and conditions set forth in the petitioner's application and ail related documents, attached hereto and incorporated herein for the following described properx): (See auached Exhibit "A") \VITN'-ESS my hand as Chairman of said Board and Seal ot said County, attested by the Clerk of Courts in and tot said County this __ da)' of 2002. ATTEST: DWIGHT E. BROCK. Clerk BOARD OF COUNTY COMMISSIONERS: COLLIER COUNTY, FLORIDA: Approved as to Form and Legal Sufficiency: Mmjori~M. Sluden~ Ass/slant County Auomey JAMES N. COLETTA, CHAIR.MAN DESCRIPTION FOR TRACT $-'4, THE VINEYARDS UNIT COLLIER COUNTY ,,, ..... ' ~'~%~ 2-~. ON THE SOUTM RI _NTY, F~RIDA- · TO~sMIp 49 A GHT-OF-WAY , SAID CO SOUTH ~NG SAID R ... LINE OF V _ ~ER BEIN - ' IGHT-OF-WA ~DERBIL G A POI _ ~3.53 FEET TO THE ~..~X_~INE SOUTH S9'55, ,,T BE~CH ROAD; T NT A D/ST ~ o G 24 EAST HENCE OF 27.42 FEET; THENCE EET, OUTH 01.28e00,, EAST~ THENCE SOUTH 22'51~12,, EAST, SOUTH 02'28~00,, FEET; THENCE SOUTH 20' 28 ' 58" EAST A A DZST~CE SU~ECT ~ ~ASE~S, ~SERVATIONS, OR ~S~ICTIoBS OF ~CORD 200? COLLIER COUNTY GOVERNMENT ~_L~.L0~F PUBLIC SERVICE~ PARKS AND RECREATION DEPARTMENT 3300 SANTA BARBARA BOULEVARD NAPLES, FL 34116 (941) 3B3-0404 FAX: (941) 9§3-1002 Website: colliergov, net March 1,2002 Cecelia Martin Planning Tech II Community Development 2800 North Horseshoe Drive Naples, FL 34103 Dear Ms. Martin: Collier County Parks and Recreation Department will be holding the 4th annual County Jam at Vineyards Community Park, 6231 Arbor Blvd. Naples, Florida on April 12 - 13, 2002. Friday hours of operation will be from 5:00 - 10:00 pm and Saturday will be 2:00 - 10:00 pm. SAE Amusements exceeds the one million dollar insurance policy and has named The Board of Collier County Commissioners as additional insured. We are requesting waivers of the Carnival Fee, Surety Bond and Occupational License for this event. If you have any questions please contact me at (941)3530404 Sincerely, Peg Ruby, Special Events Coordinator Collier County Parks and Recreation '''----- TOTAL P. 22 ADDR_ESSlNG CHECKLIST please complete the followhag an._._d submit to the Addressing Section for Review. Not all it~mas will app]¥ ~e ev¢____~ ]~ro.i¢¢t, ]terns in bold type are r~qu[red. 2. Folio (Property ID) numb~:(s) qf .ahoy, (attach to, or associate with, legal d~cription if more than one) 4. Location map, showing exact location of project/site m relation to ne. are. st public road right-of-way (attac]:'; 5. Copy of sur~ey (NEEDED ONLY FOR UN'PLATTED PROPERTIBS) 6- Proposed project na~lne (~fap£1ic_able) ~ ^ 7. Proposed Street names (ifapplicc~e) 8. Site Development Plan Nurnbm' (FOR EX/STING PROJECTS/SITES ONLY) SDP - 9. PetitiOn Type - (Complete a separate Addr~sing Checklist for each Petition Type) ['-] SDP (Site Development Pin.n) [~] SDPA (SDP A.mendm~nt) [--] SDPI (SDP Znsubstantial Change) [] SIP (Site Improvement Plan) El SI'PA (SIP Amendment) [~ SNR (Str~t N:~me Ch:rage) [~ Vegetation/F~xotic (Veg. l~moval Permits) Land Usc Petition (Var/anc,, Conditional Use, El PPL ('Plans & Plat Review) [] PSP (Preliminary Subdivision Plat) [--] FP (Final Plat) [-~ LLA (Lot Line Adjustment) [] BL (Bla~ting Pc-trait) [~] ROW' (l~ight-of-Way Permit) [] ]EXP (F.0teavalion Permit) [~ V'RSFP (Veg. Removal & Site Fill Perrni:) 10. [~ Other - Describe: Project or development ~ames proposed for, or already appearing in, condominium documents (if apphcabl,; indicate wheth~ proposed or existing) / 1 1. Please Check One: ~),.,C)_ ~cklj4t into be Fa.xed Back El Pmon~y Picked Up 12. ApplicaatName 0O0 l~ _ Fho~e~Fax~~ 13. Si~amre on Ad~essin~ ~cklist ~ not co~m~ ~ject ~or S~cet N~e ~prov~ ~d ~ subj oct ~c. further rmdew by flxe Addres~ag S~cfion. FOR STAFF USE ONLY Primary Numbe~ Address Number Address Number Address Number ApProved by. Date R~vi~cd 3-21-01 NAR 2 6 2002 pg.. "×l' NOTE: Please read reverse side before completing this Petition. Cop.',':Zoning Director Copy: Petitioner Cop>': (4) County Administrator O CARNIVAL OPERATION PETITION PETITION NO. ~ ~}x.~ y--~)T)l-- .t/~"~-I'"T~ ~ D~ATE: . - ' . . ' PETITIONER'S NAME:_ -~~ ~ ~~'~~: LEGAL DESCmTPION OF SUBJECT PROPERTY: ~D ~ ~ 'O -' ~ ' CU~NTZONING: POD NATU~ OF PETITION: THE FOLLOWING INTORMATION IS INCLUDED IN THIS PETITION. (FOR EXPLANATION, SEE NEXT PAGE.) 3m. 3.e.1) 3.e.4). 2'/ 3.e.7). ,Xc 3.b. 3.e.2). 3.e.5). 3.e.8). 3.c. X' 3.e.3) ~ 3.e.6) >c 3.e.9) ~ 3.d. ,K' Comments: DATE REVIEWED by Board of County Commi~ioners: Approved: ]-'] Disapproved: [] Conditions of Approval: SIGNATURE OF COUNTY ADMINIST1L II SHERIFF DON HUNTER. COLLIER COUNTY 3301 Tamiami Trail East, Bidg - J, Naples, FL 34112 (941) 774-4434 www.colliersheriff.org February 20, 2002 Cecelia Martin, Planning Tech II Community Development 2800 North Horseshoe Drive Naptes, FL 34103 Dear Ms. Martin: The 4th Annual Country Jam will be held at Vineyards Community Park, 6231 Arbor Blvd. Naples, Florida on April 12~h and 13th, 2002. The Collier County Sheriff's Office will be on site before, during and after operation hours of this festival, providing traffic control and security. If you have any question I can be reached at (941)' 530-9715. Sincerely, 1st Sergeant Mike Jones Patrol Division AGENDA ITEM MAR 2 6 2002 "The duty of the Collier County Sheriff's Office is to preserve and protect the lives, property and constitutional guarantees of all persons." 1780 Immokalee Road · Naples, Florida 34110 (941) 597-3222 · Fax (941) 597-7082 % February 27, 2002 Collier Count}' Planning Department Ms. Susan Murray 2800 South Horseshoe Dr. Naples, FL 34104 Dear Susan, I am in receipt of the preliminar}? paper work and aware of the 4th Annual Country Jarn Event which will be held on April 12 - 13, 2002 ~ the Vineyards Community Park located ~ 6231 Arbor Blvd. Naples, FL. The North Naples Fire Control & Rescue District will be on site to inspect all aspects of fire safety prior to the scheduled operation of the festival. If you have any questions, please do not hesitate to contact me ~ (941) 597-9227. Sincerely, ~ Karl K. Reynolds, Fi~e Marsha North Naples Fire Control & Rescue District CC: Peg Ruby, Marketing/Special Events Coordinator Collier County Parks & Recreation KKR/dw 2002 INDIVIDUAL BOOTH NOTIFICATION FORM FOR TEMPORARY EVENTS Name of Event: ~ 0C]/~, Name of Booth: ~od Person in Charge of Booth: I_~ Types of Food or Beverage to be Served: Florida Administrative Code, Chapter 10D-13 requires all food to come from an approved source. All food storage, preparation and utensil cleaning for this event shall not be done in private homes. Location of advanced food preparation: f~r~'_ig(-~¢)'~ How will food be transported to event location? Method of keeping food hot and/or cold at event site: N/~2} Method of cooking food at the location: - [ Food must be protected from dust, insects, flies, coughs, sneezes. How will you provide this protection? ~y~o~structure: ~)_. ~C:Z/' O~ ~,({~'~ Adequate facilities and supplies shall be provided for employee hand. washing. How will you For Information and Assistance contact: Environmental Health & Engineering Department - (941) 402 2002 Failure to comply with applicable food service requirements in accordance with Chapter 10D-13, Florida Administrative Code, may result in enforcement action. Do you understand this completely? YES ~ NO [] I certify that to the best of my knowledge and belief ali of the statements contained herein and on any attachments are true, correct, complete, and made in good faith. I understand that these regulations include food intended for service to the public regardless of whether there is a charge for the food. I agree to assume responsibility for this establishment and I certify that said business xvill be conducted in compliance with the Florida Administrative Code, Chapter 10D-13. Signature o~'-dA pplican(._J Date: CARNIVAL PETITION APPLICATION/ INDIVIDUAL BOOTH NOTIFICATION FORM FOR TEMPORARY EVENTS ? 6 200? pg..--<-,- / SPONSOR NOTIFICATION FORM FOR TEMPORARY EVENTS Name of Event: Address of Event: Date(s) of Event: Sponsor of Event: address of Sponsor: Person in Charge of Food Service: Phone: Q~/~- Number of Food and Beverage Booths: Estimated number of attenders expected at the event at one time? Number of toilets to be provided: Portable: Male (~) Permanent: Male ( ..~ ) Method of toilet waste disposal: Female (~) Female (~) Describe method of liquid kitchen waste disposal: Describe containers and metho~ of solid waste disposal (garbage):, Number of solid waste disposal containers provided: t7Q Describe facilities and method of handwashing: ~l'/q!.(~)_ / L~/~ Describe facilities and method of ut, ensil walshing, rinsing and sanitizing: Source of p~table ,a'ater: t~~ ~'J~k For Information and Assistance, contact: Environmental Health & Engineering Department - (941) 403-2499 AC-/~A ITEM: t MAR 2 6 2002 As the sponsor of this event you are responsible to notify all food vendors of the temporary food service requirements. Failure to comply may subject the booths to be closed for public health reasons. Do you understand this completely? YES ~ NO []] I certify that to the best of my knowledge and belief all of the statements contained herein and on any attachments are true, correct, complete, and made in good faith. I understand that these regulations include food intended for service to the public regardless of whether there is a charge for the food. I agree to assume responsibility for this establishment and I certify that said business will be conducted in compliance with the Florida Administrative Code, Chapter 10D-13. Signature ons t Date: CARNqrVAL PETITION APPLICATION/ SPONSOR NOTIFICATION FORM FOR TEMPORARY EVENTS I~A~ 2 5 2007 Collier County Parks & Recreation Presents Gator Countryg~' Vineyards Community Park 6231 Arbor Blvd, Naples, FL April 12 - 13, 2002 (941) 353-0404 www.countryj'anmaple s.com Friday Gates Open at 5:00 PM Saturday Gates Open at 2:00 PM Entertainment Carnival Rides & Games (Friday - $10.00 Armband) Petting Zoo · Pony Rides Rock Wall ® Mechanical Bull Food ® Arts & Crafts Ticket Information Children 10 and Under Free $15 Advance One-Day Tickets $20 Advance Two-Day Tickets (Good for the entire even0 Advance Tickets go on sale Friday March 15 at Collier County Community Parks Gator Country 101.9 in Ft. Myers (4210 Metro Pkwy) ????????Ticket Location??????? ????????Ticket Location??????? Or by phone at (866)2783440 $15 Dailyatthe Gate Ample Free Parking Available On Site No Coolers or Alcohol Permitted Bring Your Blankets & Lawn Chairs MAN 2 6 2007 EXECUTIVE SUMMARY REQUEST TO GRANT FINAL ACCEPTANCE OF THE ROADWAY, DRAINAGE, WATER AL~D SEWER IMPROVEMENTS FOR THE FINAL PLAT OF "L'ERMITAGE AT GREY OAKS" OBJECTIVE: To grant final accepnance of ~he infrastructure imorovemen% s ...... -'.= ~ ~ with ~'~ suhi~vlsio-~! known as "L'ermitace at Grey Oaks" CONSIDERATIONS: _ ~ ' _~omm.~i sisners oranteO_. On June ii, !gq'J'., ~_}-:e L3:are el County s preiiminar,2- acse~:2~,:_re ci the roadway, 0rainag~, wa2er ~_:~ The roadway and dr::{ha~;-e imorovements will be maintained by prciec:i'~ s hor~es'~..':.~' :-' assoc2a%2, on. The sewer improvemenls will be m~intaineJ t;y -::~ isunt'f. 7'he water imerovemer. 2s '~': ;:{ :r.~ir:~aine.i by the ~ ~= res-tire3 !r', ~ ~ -.. _h ~ve been coI:szruc%eo ix acctrd~nre w~-~.__.~ -}'~_..~. L~r~,{i -;-- : -_ ..... ..... ......... ~ .... Ood~ ~. The County DeveiopmeRl Services h~s ~T_.~u: --t:=f Erie improvexeRis ~r~u n resolUtlCr: i~_'- il;.:! _ %,r.ceDtar~ce has beex ~ ~fice. A ccu~v o approved by the Ccu;.~'; Ai~ornev's ~ ..... documenl is alla~-}.{- . FISCAL IMPACT: The roadway and drainage imerover~ents will be mainlalned b'.; .... the project ' s homeowners asssslsliorl. The sewer im~.rovements wt=_; s.e main.~ained by ~ "' ......... ~' Utility u~rzment t'~.rou~ %nei,': opera--ion and mainte~'Ar-re bud.}et. GROWTH MANAGEMENT IMPACT Executive Summary L'ermi~age at Grey Oaks Page 2 RECOMMENDATION: That the Board of County Commissioners grant final acceptance of the roadway, drainage, water and sewer improvements in "L'ermitage at Grey Oaks" 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: John R. Houldsworth, Engineering Review Engineer Date Thomas E. Kuck, P.E. Engineering Review DirecSor / County Engineer APPROVED BY: Joseph ~. SchmalZ, Administrator Commun}lty Dev. 'and Environmental S¥cs. Dane jrh MAR '2 6 2002 2 3 5 6 7 8 9 10 11 12 13 1,4 15 16 17 18 19 2O 21 22 23 2,4 25 26 27 28 29 3O 3* 32 33 3,4 35 36 37 38 39 4O 42 43 44 45 46 ,47 48 49 5O 5! 52 53 55 56 57 58 59 6O 61 RESOLUTION NO. t,2- RESOLUTION AUTHORIZING FINAL ACCEPTANCE OF THOSE ROADWAY. D/L&INAGE. \VATER AND SE\VER EMPROVEMENTS IN L'ERMITAGE AT GREY OAKS. RELEASE OF THE MAINTENANCE SECURITY. AND ACCEPTING THE MALNTENANCE RESPONSIBILITY FOR THE ROADWAY. DRAINAGE , WATER ANT) SEWER D,'IPROVEMENTS THAT ARE NOT REQLFiRED TO BE MAINTA/NED BY THE HOMEO\VN%RS ASSOCLATION. WHEREAS. the Board of Count,,' Commissioners of Collier Count>', Florida. on December 12. 1998 approved the pla~ of L'ermi~age at Grey Oaks for recording: and WHEREAS. the developer has constructed and maintained the roadway, drainaue.. water and sewer improvements in accordance ',~ ith the approved plans and sp~cificaiiJns and as required by fl~e Land Develomnem Code ICollier County Ordinance No. 9I-1(12. as amended), and the t.-tilmes S;andards and Procedures Ordinance (Collier Coum~ Ordinance No. 97-17~: and WHEREAS. the Dc\eloper has ncm requested final acceptance of the roadway. drainage, water and sewer m?roven~ents and release o£his maintenance securiLv; and \\'HEREA. S. tl~e En?nec. rin.g Review Department of Community Developmen~ Services has respected ti~e toady, ay. drainage, x~ater and sewer improvements, and ~s recommending acceptance of said facilities. NO\V. THEREFORE. BE IT RESOLVED BY THE BOARD OF COL.~TY COMMISSIONERS OF COLLIER COL..'NTY. FLOR/DA, that final acceptance be granted for those roadxvav, drainage, water and se~er improvements in L'ermitage Grey Oaks. and authorize the Clerk to release the maintenance security. BE ]T FURTHER RESOLVED ANT) ORDERED that the Count>' accept fiae future maimenance and other auendanl costs for the sewer improvements. The road\\ay improvemems will be mmmained by the Grex Oaks Homeowners Association; the potable v,'ater improvements will be maintained by the City of Naples. This Resolution adopted after motion, second and major/fy vo~e favoring same. DATE: ATTEST: DX\rIGHT E. BROCK. CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COLrNTY, FLORDA JAMES N. COLETTA , CHAIJLMAN Approved as to form and legal Patrick G. White Assistant Collier County Attorney 2002 EXECUTIVE SUM/4ARY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "STRADA BELLA", 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 "Strada Bella", a subdivision of lands located in Section 21, Township 48 South, Range 26 East, Collier Count}', Florida, following the alternative procedure for approval of subdivision plats. CONSIDERATIONS: Engineering Review Section has completed the review of the construction drawincs,_ specifications, and final plat of "Strada Bella" These documents are in compliance with the County Land Development Code an~ Florida State Statute No. 177. Ail fees have been paid. SecurzE~,- in the amount of 10% of the total cost of the required improvemenLa, and 100% of the cost of any remamning improvements, together w~%'r: a Construction and Maintenance Agreemenn for Subdivision Improvements, shall be provided and accepted by the Planning Services Direc%cr and the County Attorneys office prior to the recording of the ~ina2 plat. This would be in conformance with the County Land Develcpr~ent Code - Division 3.2.9. Engineering Review Section recommends that the final plat of "Strada Belia" be approved for recording. FISCAL IMPACT: The Drc~ect cost is $150,484.00 (estimated) to be borne by the developer. The cost breakdown is as follows: Water & Sewer Drainage, Paving, Grading - $ 42,464.00 - $~08, 020. 00 The Security amount, equal to 110% of the N. rclec% cost, is $165,532.40 Executive Summary Strada Bella 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: $3247.22 Fees are based on a construction estimate of $150,484.00 and were paid in May, 2001. The breakdown is as follows: a) Plat Review Fee ($425.00 + $4./ac)- $ 540.00 b) c) Paving, Grading (1.3% const, est.) GROWTH M~tNAGEMENT IMPACT: Construction Drawing Review Fee Water & Sewer (.50% const, est.) S 212.32 Drainage, Pavinc, Grading (.42% cons~, est.)- $ 453.68 Construction Inspection Fee Water & Sewer {1.5% const, es%.) - $ 636.96 Drainace, - - $i404.26 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 IMPACT: There are no outstanding environmental There are nc historical cr archeological impacts EAC RECOMMENDATION: Approval CCPC RECOMMENDATION: Approval PLANNING SERVICES STAFF RECOM~ENDATION: That the Board of County Commissioners approve the Final Plat of "Strada Bella" for recording with the following stipulations: Approve the amount of $165,532.40 as performance security for the required improvements. 2002 Executive Summary Surada Bolla Pace ~ 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: Jo-hn R. H6uldswor{h',-Engineer Engineering Review REVIEWED Thomas E. Kuck, P.E. Engineering Review Director / County Engineer Date APPROVED BY: Joseph K. Scnmitu, Adminmstrator Community Developmen% & Environmental Services / / ,3.' 7/ e:z-~ na'te' j rh A~i~A ITE~ MAR ?. 6 2002 i19 Z O JORTH F3ROOt<E ~LAZA QUAIL CREEF,, 17 QUAIL 2O SITE LONGSHOR, LAKE OLDE 16 / CYPRESS, UNIT ONE 3O IMOKALEE ROAD 29 UhJlT 97 28 HERITAGE GREENS LOCATION MAP N.T.S. MAR 2 6 200? .,~, EXECUTIVE SUMMARY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "INDIGO LAKES UNIT FIVE" OBJECTIVE: To approve for recording the final plat of Indigo Lakes Unit Five, a subdivision of lands located in Section 27, Township 48 South, Range 26 East, Collier County, Florida. CONSIDERATIONS: Engineering Review Section has complened the review of the final plat of "Indigo Lakes Unit Five". This document is in compliance with the County Land Development Code and Florida State Statute No. 177. Ail fees have been paid. There are no subdivision related improvements associated with this plat. Subdivision improvements were constructed under the Indigo Lakes Unit One construction plan approval. Engineering Review Section recommends that the final plat of "Indigo Lakes Unit Five" be approved for recording. FISCAL IMPACT: 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: $450.00 Plat Review Fees GROWTH MANAGEMENT IMPACT: The Concurrency Waiver and Release relating to conditional approval has been reviewed and approved by the County Attorney's Office for the project. ENUIRO~AL ISSUES: There are no environmental issues. Executive Summary Indigo Lakes Unit Five Page 2 HISTORICAL / ARCHEOLOGICAL ISSUES: There are no historical or archeologmcal issues. EAC RECOMMENDATION: Approval CCPC RECOMMENDATION: Approval PLANNING SERVICES STAFF RECOMMENDATION: That the Board of County Commissioners approve the Final Plat of "Indigo Lakes Unit Five" with the following stipulations: 1. Authorize the recording of the Final Plat of "Indigo Lakes Unit Five." PREPARED BY: John R. Houtdsworth, Engineer Engineering Review Date REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Director / County Engineer D~te/ APPROVED BY: Joseph K./Schmitr,~Administrator Communit~ Dev. and Environmental Svcs. 2 6 2007 Z! EXECUTIVE SUMMARY APPROVE THE SETTLEMENT AGREEMENT PROx,qDING FOR ABATEMENT OF VIOLATION AND COMPROMISE OF LIEN IN T~VO CODE ENFORCEMENT LIEN FORECLOSURES ENTITLED COLLIER COUNTY v. ANTHO.NT J. VARANO, Case Nos. 99.4226-CA and 00.3430-CA. OBJECTIVE: That the Board of County Commissioners approve the proposed Settlement Agreement with Anthony J. Varano, Jr., which provides for the abatement of code violations and compromise of hen amounts in t~vo separate lien foreclosures entitled Collier CounO, v. Anthony J. Varano, Jr., Case Nos. 99-4226-CA and 00-3430-CA. CONSIDERATIONS: These cases originated from txvo separate code enforcement proceedings against property owned by Varano. (CEB Case Nos. 94-005 and 97-029). After finding the existence of a violation in each case, the Code Enforcement Board entered an Order Imposing Fine/Lien. the recording of which imposed a lien against the violated property and all other real and personal property of Varano. After authorization of the Code Enforcement Board and pursuant to §162.09. Fla. Stat., the Office of Count3' Attorney initiated two actions to foreclose the Count3' code enforcement liens. Varano has raised numerous atTtrmative defenses, including a medical disability, which allezedly prevented Varano from defending against the code enforcement prosecution and taking appropriate action to abate the violations when found. Varano claims a financial inability to abate either violation, but is willing to sell one of the properties in the effort to abate the violation. The parties have a~eed to the terms and conditions set forth in the Settlement A~eement, conditioned on the Board's approval. A cop.',.' of the proposed Settlement Am'eement is attached hereto. In summar?', this a~eement permits Varano to sell the Golden Gate E~-tates property so long as the purchaser is required by contract to abate the violation. Upon abatement of the violation, the County will receive $5,000 and release the property. Varano has 60 da?s from the closing on the Golde~ Gate parcel to satisfactorily abate the violation on the o~her violated property. Thereafter. Varano will pay the County $20,000 and the County will release the property of its final code enforcement hen. In the event Varano fails to perform any of these conditions, the Count3.' may terminate the a~eement and proceed with foreclosure. The settlement amount reflects a compromise in the lien amounts. The fines in these cases have been accruing since February 2.1998. and June 4. 1994, at $250 per day. The total combined lien amount in these cases exceeds 1.08 million dollars, an amount clearly not recoverable by the County through successful foreclosure in these cases due to the value of the properties. Notwithstanding the compromise of a substantial portion of the £me described above, it is staff's recommendation that the Board approve the proposed Settlement A~eement. In making this recommendation, staff considered the costs to be incurred by the County Ihrough continued htigation, potential recover3.' (which includes the amount of recover5.', likelihood of success, and the probability of continued litigation and uttimate recovew, through a foreclosure proceeding and sale), the relative stren~hs and weaknesses of each party's claims, and policy concerns. In the event the Board rejects this pro_posed settlement, Ihe Count',, will incur additional expenses in pursuing foreclosure and, in County prevails in th~ foreclosure actions, in bidding on the property so as to ins re .a~.asonable MAR 2 6 2062 recover,'. Should there be no reasonable bids on the properties at time of sale, the Count>' will obtain title to ihe properties and will thereafter be responsible for correcting the existing violations on both properties. Cleanup would include the demolition of an abandoned structure and removal of numerous vehicles, litter and debris. ~ GROWTH MANAGEMENT IMPACT: None. FISCAL EVIPACT: Payment to the County in the total amount of Twenty-Five Thousand Dollars ($25,000.00), to be paid in two installments ($5,000 and $20,000) and deposited into the "Code Enforcement Board Fines" Revenue Account MSTD General Fund 111. RECOMMENDATION: That the Board of County Commissioners: Approve the terms and conditions set forth in the Settlement A~eement. whic5 provide for the compromise of over a million dollars worth of accrued frees by th~ Count>': and Authorize its Chairman to execute the original Settlement A~eement: and Direct staff to take all steps necessaD' to ensure performance of both parties pursuant to the temps of the Seulement A~eement, including recording of satisfactions: and Authorize the Chairman to execute the Satisfactions/Releases of Lien upon submittal by stafl~ SUBN~TTED BY: Ellen T. Chadwel!. Assistam Coumy Attorney REVIEVvTD AND APPROVED BY: APPROVED BY: APPROVED BY: Michelle ~Edwards Arnold. Director Code,_..Enforcement Dep//~ent /A~/n~istrato~ Community Development V& Environmental Sen'ices David C. Weigcl Count>' Attorney tt lingant,n CEBCascs'V~,-am~ll ExecSurm'r. Date: ,,~ - / :~- Date: SETTLEMENT AGREEMENT THIS SETTLEMENT AGREEMENT ("Agreement") is entered into and made on this day of 2002, by and between Collier County (the "County") and Anthony J. Varano, Jr. ("Property. Owner"), with respect to Case Nos. 99-4226-CA and 00- 3430-CA, filed in the Circuit Court of Collier County' and originating from Code Enforcement Board Case Nos. 94-005 and 97-029. WITNESETH: WHEREAS, the County has filed two actions in the Circuit Court of Collier Count>'. Case Nos. 99-4226-CA and 00-3430-CA, to foreclose the code enforcement liens created orders arising out of Code Enforcement Board Case Nos. 94-005 and 97-029; and WHEREAS, an Order Imposing Fine/Lien was recorded on March 13. 1998. in Official Record Book 2398, Page 893, et. seq., in CEB Case No. 97-029, which created a lien on certain properties owned by the Property Owner in Collier County, Florida and described in Exhibit "A" to this Agreement; WHEREAS an Order Imposing Fine/Lien was recorded on February 6, 1995 in Official Record Book 2028, Page 30, et seq., arising out of CEB Case No. 94-005, which order created a lien on certain properties owned by the Property Owner in Collier Counly and described in Exhibit "A" (attached hereto); WHEREAS, a Clerk's default was entered against the Property Owner on June 23, 2000. in Case No. 99-4226-CA; and WHEREAS the property owner has not abated the violation which is the subject of CEB Case No. 97-029; and WHEREAS the Property Owner has not abated the violation which is the subject of CEB Case No. 94-005; and WHEREAS the Property. Owner has asserted his financial inability, to abate the violations on both properties; WHEREAS the lien created by the Order Imposing Fine/Lien in CEB Case No. 94-005 amounts to approximately $657,000 (accruing from January. 9, 1995 to August 15, 2001) and continues to accrue at $250 per day until the violation is abated or a foreclosure judgment is entered; WHEREAS. the lien created by the Order Imposing Fine/Liens in CEB Case No. 97-029 amounts to approximately $317.250 (accruing from February. 25. 1998 to August 15, 2001) and continues to accrue at S250 per daF'; WHEREAS the Count.',' recognizes the unlikelihood of recovering the full amount of the liens by proceeding through foreclosure and desires to compromise the amount of the liens imposed against the Property Owner's properties in the interest of obtaining abatement of the violation; and WHEREAS the parties to this Agreement recognize that it is in their best interest to compromise the lien and achieve abatement of the violation on both properties. NOW, THEREFORE, in consideration of the mutual covenants, promises and consideration set forth in this Agreement, the sufficiency of which is hereby acknowledged bx Parties and with the intent to be legally bound hereby, the County. and the Property Owner mutually agree as follows: 1. The parties agree that the foregoing recitals are true and correct and said recitals are incorporated by reference into the terms of this Agreement. 2 2. The Property Owner shall market the property more particularly described as the East 160 feet of Tract 116 and the East 165 feet of Tract 116 of that certain sub-division known as Golden Gate Estates, Unit No. 3, and identified by Folio No. 36716961009 (hereinafter "Golden Gate Parcel") for sale. The Property Owner shall obtain a Contract for Sale within forty-five (45) days of the effective date of this Agreement and shall provide the County with a copy of the fully executed sales contract within this time period. The Property. Owner's inability to obtain a binding contract for sale, or provide County with copy of full3' executed contract within that time period will constitute the breach of a condition precedent to the remaining obligations of this Agreement, and the County shall have the option to terminate this Agreement and proceed with the foreclosure actions. 3. Any contract for sale of the aforedescribed property shall include a condition requiring the contract purchaser of 'the property to abate the existing violation within sixU' (60) days. The contract purchaser shall be required to remove all debris and litter from the propert.x and either (a) obtain a valid building permit for completion of the structure and certificate of occupancy or (b) obtain demolition permit and remove structure. The Golden Gate Parcel wilt remain encumbered by the County's liens until such abatement is obtained. 4. The County agrees that upon satisfacto~ abatement of the violmion on the property described in Paragraph 2, i't will execute a Release of Lien as Io that property in accordance with Paragraph 5 below. The County shall be notified of the abatement and given an opportunity to inspect the property 'to determine if the violation has been satisfactorily abated. 5. A't closing on the sale of the Golden Gate Parcel the sum of $5..000 shall be held in an interest-bearing escrow account for the benefiI of Collier Count3;. Upon Count3?s determina'tion that the violation has been abated, the Property. Owner or its closing agent, shall disburse the $5,000, plus any accrued interest, to Collier Count5.'. Upon receipt of those funds the County. shall execute a Release of Lien and Partial Release of Lis Pendens as to the Golden Gate Parcel and shall record the same within thirty (30) days thereof. 6. The Property Owner agrees that the proceeds from the sale, other than those funds to be escrowed as provided herein, shall be used to abate the violation existing on property located on Washington Avenue, more particularly identified Parcel No. 13, of Section 11, Tovmship 49 South. Range 25 East, and identified by Folio No. 00250800005 (hereinafter "Washington Avenue Parcel"). 7. The Property,' Owner shall have sixty, (60) days from closing on the Golden Gate Parcel to satisfactorily complete abatement of the violation on the Washington Avenue Parcel. The County. shall inspect the property, after notice from the Property Owner of abatemen~ and determine whether the violation has been corrected. After notice from the County. to the Propert.x Owner that the violation has been corrected to the satisfaction of the County., the Property Ov~mer shall pax, to the County the sum of $ 20,000. 8. Upon receipt of the sum of $20,000, the CounU' shall release the Washington Avenue Parcel and execute a satisfaction of the remaining code enforcement lien and shall dismiss both pending foreclosure actions with prejudice. 9. The parties agree that this Agreement supersedes and replaces all prior Agreements and the understanding that it constitutes the entire Agreement between the ProperU. Owner and the County and that there exists no other Agreements, oral or written, between them relating to any of the matters covered by this Agreement or any other matter whatsoever. In executing this Agreement, the Property. Owner does not rely upon any inducements, promises, or representations, other than those expressed in this Agreement. 4 10. In the event that the violation on the Golden Gate Parcel is not abated bv the contract purchaser within the sixty (60) days, or the Property, Owner fails to make any payment to the County, as directed by this Agreement, or the Property Owner fails to abate the violation of the Washington Avenue Parcel, or any of the conditions set forth in this Agreement are not met, the County may, at its option, terminate this Agreement and continue to foreclose on the Properties. The Parties acknowledge and agree that the entering into this Agreement shall in no way impair or compromise the validiD' or enforceability of the code enforcement liens currently pending against the properties. 11. The Propert3.' Owner acknowledges and agrees that it is ultimately his responsibility to ensure that the violation existing on the Golden Gate Parcel is corrected, and that any contract for sale must provide adequate provisions enabling the Property Owner to take action to correct the violation or recover possession and control of the property for the same purpose in the event the contract purchaser fails to correct the violation to the satisfaction of thc County. In no event shall a conveyance of title to a third party or a failure or breach of contract obligations by a third party constitute an excuse to performance under this Agreement. 12. The Property, Owner expressly agrees that the County may proceed to enforce 'these lien through the foreclosure in the event i't or the contract purchaser fails to comply ,adth the provisions of this Agreement. The Property Owner agrees that if he fails to comply with the provisions of this Agreement or the contract purchaser identified in Paragraph 2 fails to abate the violation, and the Counl3, proceeds with its foreclosure actions, he shall be deemed to have waived all defenses to the foreclosure actions other than the defense of payment. Under no conditions shall the County's acceptance of the $5,000 (plus inlerest) payment in accordance with Paragraph 5 of this Agreement be construed as satisfaction of 'the code enforcement liens but rather shall only entitle the Property Owner to a release of the Golden Gate Parcel from operation of the liens. 13. This Agreement has been entered into freely and voluntarily by the Properts' Owner after having been apprised of all relevant information concerning this Agreement and the consequences thereof and after having received advice from his legal counsel, Marc L. Shapiro. 14. The Property Owner acknowledges and agrees that the terms of this Agreement are subject to the approval of the Board of County Commissioners at a duly noticed public meeting of the Board and that the terms hereof shall not be binding on any part5' until formally accepted and approved by the Board of CounD' Commissioners. 15. This Agreement shall be governed by the laws of the State of Florida. 16. The Parties agree that this Agreement may not be modified except by the mutual consent of the Parties and in writing, executed in the same formality as this Agreement. Both parties to this Agreement have participated fully in the negotiation and of this Agreement. Accordingly, this Agreement shall not be more strictly construed 17. preparation against either one of the parties hereto. 18. The parties agree and acknowledge that this Agreement is not intended to, nor shall it create any rights or obligations in any parties not signing this Agreement, nor shall this Agreement create anv benefits in third parties, in particular, any contract vendee of the properties described herein. No party, other than the undersigned shall have standing to enforce the terms of this Agreement. This Agreement shall become effective upon execution by the last signing parD' to 19. the Agreement. 6 IN WITNESS WHEREOF, the Property Owner, Anthony J. Varano. Jr.. and Collier CounW have executed this Agreement consisting of pages on the day and year first written above. ATTEST: DWIGHT E. BROCK, Clerk Witness Print: t,~z t., ~.~/~c, BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA JAMES N. COLETTA, Chairman Date: MARK L. ~iHA~ESQ. Attorney for Property Owner, Anthony J. Varano, Jr 7 STATE OF FLORIDA COL'~TY OF COLLIER THIS SETTLEMENT AGREEMENT between Property Owner and Collier Count3.'. was acknowledged before me, the undersigned authority, by Anthony J. Varano, Jr., this /,~r) da5' of 7)9~ . 2002. Si~' Public /~ Commissioned Name of Notary Public (Please print..type or stamp') Personally Known Produced Identification Type of Identification Produced My Commission expires: Approved as to form and (.~sufficiency: ELLEN T. CHADWELL Assistant County Attorney EXltlBIT "A" The East 165 feet of Tract 116, Golden Gate Estates, Unit No. 3, according to plat thereof, recorded in Plat Book 4, Pages 77 and 78, of the Public Records of Collier County, Florida; ("Golden Gate Parcel") Parcel No. 13, of Section 11, Township 49 South, Range 25 East, Public Records of Collier County, more specifically described as the South 100 feet of.the North 687.35 feet of the East ½ of the West ½ of the NE ~A of the SW ~A of Section 11, Twsp 49S, Range 25E, Collier County,, Florida, LESS the West 30 feet thereof, together with an Ingress and Egress Easement over a ROW described as follows: East 60 feet of the West 195.52 feet of the North 1156.24 feet of the West XA of the NE IA of the SW ~ of Section 11, Twsp 49S, Range 25 E, Collier County, Florida and the North 60 feet of the South 160 feet of the West Vt of the NE IA of the SW IA and the North 60 feet of the South 160 feet of the SE sA of the SE IA of the NW ~A of thee SW % of Section 11, Twsp 49S, Range 25E, Collier County Florida, less the West 30 feet. ("Waskington Avenue Parcel") EXECUTIVE SUMMARY APPROVE THE SETTLEMENT AGREEMENT PROVIDING FOR ABATEMENT OF VIOLATION AND COMPROMISE OF LIEN IN TWO CODE ENFORCEMENT LIEN FORECLOSURES ENTITLED COLLIER COUNTY v. ANTHO3~T J. VARANO, Case Nos. 99.4226-CA and 00.3430-CA. OBJECTIVE: That the Board of County Commissioners approve the proposed Settlement Agreement with Anthony J. Varano, Jr., which provides for the abatement of code violations and compromise of lien amounts in two separate hen foreclosures entitled Collier Count' v. Anthom' Varano, Jr., Case Nos. 99-4226-CA and 00-3430-CA. CONSIDERA, TIONS: These cases originated from two separate code enforcement proceedings against property owqaed by Varano. (CEB Case Nos. 94-005 and 97-029). After finding the existence of a violation in each case, the Code Enforcement Board entered an Order lmposing Fine/Lien. thc recording of which imposed a lien against the violated property and all other real and personal property, of Varano. After authorization of the Code Enforcement Board and pursuant to § 162.09, Fla. Stat., the Office of County Attorney initiated two actions to foreclose the County code enforcement liens. Varano has raised numerous alTn-mative defenses, including a medical disability, which allegedly prevented Varano fi-om defending against the code enforcement prosecution and taking appropriate action to abate the violations when found. Varano claims a financial inability to abate either violation, but is willing to sell one of the properties in the effort to abate the violation. The parties have a~eed to the terrrkq and conditions set forth in thc Settlement Agreement, conditioned on the Board's approval. A copy of the proposed Settlemem Agreement is attached hereto. In summary, this agreement permits Varano to sell the Golden Gate Estates property so long as thc purchaser is required by contract lo abate the violation. Upon abatement of the violation, the County will receive $5,000 and release the property. Varano has 60 days from the closing on the Golden Gate parcel to satisfactorily abate the violation on the other violated property. Thereafter, Varano will pay Ihe County $20,000 and thc County will release the property of its final code enforcement lien. In the event Varano fails to perform any of these conditions, the County may terminate the agreement and proceed with foreclosure. The settlement amount reflects a compromise in the lien amounts. The fines in these cases have been accruing since FebruaD' 2, 1998, and June 4, 1994, at $250 per day. The total combined lien amoun~ in these cases exceeds 1.08 million dollars, an amount clearly not recoverable by the County through successful foreclosure in these cases due to the value of the properties. Notwithstanding the compromise of a substantial portion of the fine described above, it is staff's recommendation that thc Board approve the proposed Settlement Agreement. In making ;his recommendation, staff has considered the costs to be incurred by the County through continued litigation, potential recovery (which includes the amount of recovery, likelihood of success, and the probability of continued litigation and ultimate recovery through a foreclosure proceeding and sale), the relative strengths and weaknesses of each party's claims, and pohcy concerns. In the event the Board rejects this proposed settlement, the County will incur additional expenses in pursuing foreclosure and, County prevails in the foreclosure actions, in bidding on the property so as to ins ire a~asonable !:~.~ ( recoverw. Should there be no reasonable bids on the properties at time of sale, the County will obtain title to {he properties and will thereafter be responsible for correcting the existing violations on both properties. Cleanup would include the demolition of an abandoned structure and removal of numerous vehicles, litter and debris. GROWTH ,MANAGEMENT IMPACT: None. FISCAL IMPAC'I: Payment to the County in the total amount of Twenty-Five Thousand Dollars ($25,000.00), to be paid in two installments ($5,000 and $20,000) and deposited into the "Code Enforcement Board Fines" Revenue Account MSTD General Fund 111. RECOMMENDATION: That the Board of County Commissioners: 1. Approve the terms and conditions set forth in the Settlement Agreement, which provide for thc compromise of over a million dollars worth of accrued frees by thc County: and 2. Authorize its Chairman to execute the original Settlement Agreement: and Direct staff to take all steps necessary to ensure performance of both parties pursuant to the temps of the Settlement Agreement, including recording of satisfactions: and Authorize the Chairman to execute the Satisfactions/Releases of Lien upon submittal by staff. SUBMITTED BY: Ellen T. Chadwcll. Assistant County Attorney REVIEWED AND APPROVED BY: APPROVED BY: Michelle Edwards Arnold, Director Code_Enforcement Depa,~qen! Joseph Schmitt ~ /Ac~finistratof~ CommuniW Development ~,,.//& Environmental 'Services' APPROYTD BY: ~~,,-d ~ 3/L'~ David C. Weigel ~ County Attorney H:lin gati on CEB(La ses' Y ztra_nol 1 Ex ecSu rmm Date: / Date: Date:~ this day of Anthony J. Varano. Jr. SETTLEMENT AGREEMENT THIS SETTLEMENT AGREEMENT ("Agreement") is entered into and made on , 2002, by and between Colher County (the "County") and ("Property Owner"), with respect to Case Nos. 99-4226-CA and 00- 3430-CA, filed in the C~rcuit Court of Collier County and originating from Code Enforcement Board Case Nos. 94-005 and 97-029. WlTNESETH: V~:HEREAS. tile Countx }las filed two actions in the Circuit Court of Collier County. Case Nos. 99-4226-CA and t!(!-3430-CA, to foreclose the code enforcement liens created by orders arising out of Code EnForcement Board Case Nos. 94-005 and 97-029: and '~VHEREAS. zm ()rd~'r~ Imposing Fine Lien was recorded on March 13. 1998, in Official Record Book 2398. Page SV3. ct. seq., in CEB Case No. 97-029, which created a lien on certain properties owned by lhe ProFcrV Owner in Collier County. Florida and described in Exhibi~ to this Agreemem: I~,"HEREAS an Order Imposing Fine/Lien was recorded on Februau' 6, 1995 in Official Record Book 2028. Page 30. et seq.. arising out of CEB Case No. 94-005. which order created a lien on certain proper-tics owned by the Property Owner in Collier Coumy and described Exhibit "A" (attached hereto ~: '~YHEREAS, a Clerk's default was entered against the Property Oxxmer on June 23, 2000, h~ Case No. 99-4226-CA: and '~'HEREAS the property owner has not abaied the violation which is the subjecl of CEB Case No. 97-029: and XYHEREAS the Property Owner has not abated the violation which is the subject of CEB Case No. 94-005' and WHEREAS tile Property Owner has asserted his financial inability to abate the violations on both properties; WHEREAS the lien created by the Order Imposing Fine/Lien in CEB Case No. 94-005 amounts to approximately $657,000 (accruing from January 9, 1995 to August 15, 20011 and continues to accrue at $250 per da,,' until the violation is abated or a foreclosure judgqment is entered: X,¥HEREAS, the lien created by thc Order Imposing Fine'Licns in CEB Case No. 97-029 amounts to approximately $01" '~'~0 accruin(, ~. ~ ~. . ', ,, .... ~ = from February 2~ 199S to ,Au~t~st 1~ 2001 ) and continues to accrue at $250 per day: 'O,'HEREAS lhc County recoznizcs the unlikelihood of rccovermz the full amount of thc liens by proceeding through lbrcclosurc and desires to compromise the amoum of tile liens imposed against the Property Owner's properties in the interest of obtaining abatcmem of the violation: and V~'HEREAS the parties to lhis .Agreement recognize that il is in their besl interesl to compronfise the lien and achieve abatement of the violation on both properties. NO'~Y, THEREFORE. in consideration of lhe mulual covenants, promises and consideration set forth in this Ageement. the sufficiency of xvhich is herebv acknowledged by Parties and with the intent lo be legally bound hereby, the Count,,, and the Property Owner mutually a~ee as follows: 1. The parties agree thai the foregoing recitals are Irue and correct an are incorporated by reference into the lerms oflhis A~eement. AG~_NDA ITEJ~ _. MAP 2 6 200; 2. The Property Owner shall market lhe property more particularly described as the East 160 feet of Tract 116 and the East 165 feel of Tract 116 of that certain sub-dMsion known as Golden Gate Estates, Unit No. 3, and identified by Folio No. 36716961009 (hereinafter "Golden Gate Parcel") for sale. The Property Owner shall obtain a Contract for Sale within forty- five (45) days of the effective date of this Ageement and shall provide the County wilh a copy of the fully executed sales contract within this time period. The Property Owner's inability obtain a binding contract for sale. or provide County with cop)' of fifllv executed contract within that time period will constitute lhe breach of a condition precedent to lhe remaining obligations of this Agreement. and the County shall have the option to terminate this Ageement and proceed with the foreclosure actions. 3. Any contracl for sale oF the at'oredescribed property shall include a condition requiring the contract purchaser of the property to abate the existing violation within sixtx' days. The contract purchaser shall be required to remove all debris and litter from the property and either Ia) obtain a valid building permil for completion of the structure and certificate of occupancy or (bl obtain demolition permit and remove structure. The Golden Gate Parcel wilt remain encumbered bY the County's liens until such abatement is oblained. 4. The County a~ees that upon satisfaclor)j abatement of the violalion on lhe property described in Paragaph 2. it will execute a Release of Lien as to that property in accordance with Para,apb 5 below. The Count>, shall be notified of the abatement and given an opporlunity to inspect the property to determine if the violation has been salisfaclorily abated. 5. Al closing on the sale of lhe Golden Gale Parcel the sum of $5,000 shall be held in an interesl-bearing escrow account for lhe benefit of Collier County. U determination that 1he violalion has been abaled, the Property Owner or its closi 3 executing this Agreement. the Property Owner does not rely upon any mducemen representations, olher 1hah those expressed m this Affeement. disburse the $5,000, plus any accrued interest, to Collier Counlv. Upon receipt of those funds the County shall execute a Release of Lien and Partial Release of Lis Pendens as to the Golden Gate Parcel and shall record the same within thin>, (30) days thereof. 6. - The Property Owner agrees that the proceeds from lhe sale, other than those fi~nds to be escrowed as provided herein, shall be used to abate the violation existing on property located on Washin~on Avenue. more particularly ident~ed Parcel No. 13. of Section 11. Township 49 Somh. Range 25 East. and identified by Folio No. 00250800005 (heremafie~' "WashNgton Avenue Parcel" ). 7. Thc Propen>' Owner shall have sixty (60'} days from closing on thc Golden Gate Parcel to satisfac~orib, complete abatement of thc x'iolatJon on thc Washington Avenue Parcel. Thc Counlv shall inspect thc propcn> after notice from the Property Owner of abatement and determine whether the violation ha~5 been co~ected. After notice from the County lo ibc Propcn> Owner lhat the violation has been corrected 1o the satisfaction of the Counl>', the Proper1? shall pay lo the Coumy lhe sum of $ 20.000. 8. Upon receip~ of ~he sum of $20,000. the County shall release the Washington Avenue Parcel and execute a smist~ction of the remaining code enforcement lien and shall dismiss bo~h pending foreclosure actions wilh pr<judice. 9. The parties agree that INs A~eemem supersedes and replaces all prior A~eements and lhe understanding that fl constitutes the entke A~eemenl between the Propen5' Owner and the Counw and that there exists no other Ageements, oral or written, between them relalmg lo an>, of lhe mauers covered by lhis A~eement or any other mauer whalsoever. In 2 6 10. In the event that the violation on the Golden Gate Parcel is not abated bx thc contract purchaser within thc sixty (60} days. or the Property Owner fails to make any pa>,n~ent to the County as dkected by this Agreement, or the Prope~y Owner fails to abate the violation of the Was~on Avenue Parcel. or any of the conditions set fo~h ~ INs A~eement are not the County may. at its option, tem~ate this Agreement and cont~ue to foreclose on thc Prope~ies. The Panics acknowledge and agree that the entering Nto this Agreement shall N no way ~pair or compromise the validity or enforceability of the code enforcement liens cugently pending against the properties, I I. The Propemy Owner acknowledges and agrees that i~ is ultimately his responsibiliu ~o ensure d~a~ thc violation existing on thc Golden Gmc Parcel is corrected, and tha~ any contract for sale must provide adequate provisions enabling the Property Owner to take action to cowect the violation or recover possession and conlrol of the property for thc same pu~ose m the event thc contract purchaser fails to co~cct lhe violalion to lhe salisfi~cdon of thc County. In no evenl shall a conveyance of dllc to a third party or a Pailure or breach of conlrac~ obhgmions by a third party constitule an excuse to perfomance under lhis AgreemenI. 12. The Property Owner expressly a~ees lhat the Coumy may proceed to enforce these hen t~ough the foreclosure m the exent it or the conlract purchaser fails lo comply with the proxqsions of this A~eement. The Property Owner a~ees thru if he fails lo comply with provisions of Ihis A~eement or the contract purchaser idenlified N Para~aph 2 fails to abale the violation, and the County proceeds with its foreclosure actions, he shall be deemed to have waived all defenses Io the foreclosure actions olher than lhe defense of pa~ent. Under no conditions shall lhe Coumy's acceptance of the $5,000 (plus tallest} pasmem m accordance wida Para~aph 5 of ~his Aoreemem be construed as satisfaction of ~he code enforl MAR ~ 6 2007 rather shall only entitle the Property Owner to a release of the Golden Gate Parcel I~-om operation of the liens. 13. This A~eement has been entered into freely and voluntarily b,',' the Property Owner after having been apprised of all relevant information concerning this Agreement and the consequences thereof and after having received advice from his legal counsel. Marc L. Shapiro. 14. The Property Owner acknowledges and a~ees that thc terms of INs A~eement are subject to the approval of the Board of Count,,' Commissioners at a duty noticed public meeting of the Board and that the temps hereof shall not be binding on any party until ibm~allx accepted and approved by the Board of County Conmxissioners. 15. This AgTeement shall be goven~ed by the laws of the State of Florida. 16. The Parties agree that this Agreement may not be modified excepl by lhe mutual consenl of the Panics and in writing, executed in the same fon~alilx-as ~his Agreement. 17. Both parties to this Agreement have participated fully in the negotiation arid preparation of this Agreement. According]>'. this Agreement shall not be more slricllv construed agains! either one of the parties hereto. 18. The parties agee and acknowledge lhal this A~eement is not intended lo. nor shall it creale any rights or obligalions m any parties nol si~mg ins Agreement. nor shall this A~eement create any benefits m thffd panics, m particular, any contract vendee of the properties described hereN. No party other lhan the undersized shall have s~andmg ~o enforce ~he temps of this Agreement. 1 9. This A~eemenl shah become effective upon execution b>.' the lasl si~mg party to the Agreemenl. ~AR ~ 6 2002 6 lN V(ITNESS V~'HEREOF. the Property Owner. Anthony J. Varano. Jr.. and Collier County have executed this Agreement consisting of__ pages on the day and )'ear first vcriucn above. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLOR1DA By: JAMES N. COLETTA, Chaim~an Dale: \Vitness :Knthon¥ J. \'arano..Ir, Prim: Date: Witness Print: Rex'iexved bx': MARK L. SHAPIRO, ESQ. Attorney for Properly Owner, Anthony J. Varano. Jr IN WITNESS WHEREOF, the Property Owner, Anthony J. Varano, Jr., and Collier County' have executed this Agreement consisting of__ pages on the da>' and year first wriuen above. ATTEST: DWIGHT E. BROCK, Clerk Witness Print: t.'~x: t.., ~;,o BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: JAMES N. COLETTA, Chairman Date: Reviewed I~x': MARK L. SHAPIRO. ESQ. Attorney for Properts.' O~aner. Anthony J. Varano. Jr STATE OF FLORIDA COUNTY OF COLLIER THIS SETTLEMENT AGREEMENT between Property Owner and Collier Count.X( was acknowledged before me, the undersigned authorits', by Anthony J. Varano, Jr., this /3dy9 day of '7)9~ ,2002. Si~[n~ar3_~ Public ,,,~ Commissioned Name of Nota~' Public (Please print, lS.'pe or stamp) Personally Kno~an Produced Identification ~" F~- ~/~ g~ -~/o- ~- ~-~ Type of Identification Produced My Commission expires: ,¢.,~ ¢-o~' Approved as to form and leg~, sufficiencx': ELLEN T. CHADWELL Assistant Count.',' Attorney 8 EXHIBIT "A" The East 165 feet of Tract 116, Golden Gate Estates, Unit No. 3, according to plat thereof, recorded in Plat Book 4, Pages 77 and 78, of the Public Records of Collier County, Flor/da; ("Golden Gate Parcel") Parcel No. 13, of Section 11, Township 49 South, Range 25 East, Public Records of Collier County, more specifically described as the South 100 feet of-the North 687.35 feet of the East ½ of the West ½ of the NE ¼ of the SW ~A of Section 11, Twsp 49S, Range 25E, Collier County, Flor/da, LESS the West 30 feet thereof, together with an Ingress and Egress Easement over a ROW described as follows: East 60 feet of the West 195.52 feet of the North 1156.24 feet of the West ¼ of the I,,'E lA of the SW ~ of Section 11, Twsp 49S, R~nge 25 E, Collier County, Florida and the North 60 feet of the South 160 feet of the West ~ of the NE ¼ of the SW ¼ and the North 60 feet of the South 160 feet of the SE ~A of the SE ¼ of the NW ~A of thee SW lA of Section 11, Twsp 49S, Range 25E, Collier County Florida, less the West 30 feet. ("Washin~on Avcmue Parcel") AGENDA ITEM NO._ MAR 2 6 2002 Pg. ~ EXECUTIVE SUMMARY .~EQUEST TO GRANT FINAL ACCEPTANCE OF THE ROADWAY, DRAINAGE, WATER SEWER IMPROVEMENTS FOR THE FINAL PLAT OF "ISLAND WALK PHASE TWO" OBJECTIVE: To grant final acceptance of ~he infrastructure imDrovemen2s .... viaced with ~h~= subdivieqo~ known z-~ "is! Wa Ptase CONSIDERATIONS: On Auoust 13, 1999, the Board of Coun%y Co~.~issioners graLsec ere!lminary accep2ance c~' the roadway, drainage, waler axl S pro2eci' s homeow.~eL' s associalior:. The waler ar~O seweTM improvements will be main.naine~,~. J3v .... ,.ounlv. The reauired im'orove-~,tenls have beer: ccnslru?%ed tr_ azr,T, rdar. r{ with ~e Land Deveiooment ,Code ='-~ Cour'.~'c DevelopmeLt $ervlses' has inspe~u~u' -- - ~ t~:.~h~ iK..orovemeR% s ~L.a i s i7% r.,TFu ~:.,~_ :. - final acceplanse ef The imerovemer, us. A resoiuiion for iin~i acceoiar~ce k~:s been prepsrei approved by the County z ..... ' . A co~v FISCAL IMPACT: · n~ roadway and drainaae im~rovemenls wzll be mainlaineo b': project's homeowners association. WaYer and sewer improvements wi'~ n%ained by the Counlv's operauion and maintenance budge'. GROWTH M]~NAGEMENT IMPACT: None Executive Summary Island Walk Phase Two Page 2 RECOMMENDATION: That the Board of County Commissioners grant final acceptance of the roadway, drainage, water and sewer improvements in "Island Walk Phase 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: ~hn R. Houldswor%h, Engineering Review Engineer Date Thomas E. Kuck, ~.£. Engineering Review Director, County Engineer Dat~ APPROVED BY: Joseph K. /Schmitt, Administrator Community/Dev. and Environmental Svcs. Roy,,B. Anderson, P.E. , Direc5or Public Works Engineering Norman Feder, Administrator Transportation Services Da'te ~ Daue Date NIAR 2 6 Z 6 "7 8 9 10 11 12 13 14 15 16 17 '18 !9 2O 2! 22 23 24 25 26 27 28 29 30 3' 32 33 3,~ 35 36 37 38 39 4O 41 42 43 4.4 45 46 4'7 48 49 5O 5! 52 53 54 55 56 57 58 59 6O 61 RESOLUTION NO. 0;- RESOLUTION AUTHORIZING FINAL ACCEPTANCE OF THOSE ROADWAT. DRAINAGE, \VATER ANT) SEWER LMPROVEMENTS IN' ISLAND \VALK PHASE TXVO. RELEASE OF THE .MAINTENANCE SECURJTY, ANT) ACCEPTING THE MALNTENANCE RESPONSIBIZITY FOR THE ROADWAY, DRAENAGE . WATER ANT) SEWER LMPROVEMENTS THAT ,ARE NOT REQUIRED TO BE MAEX'TAENED BT THE ISLANT) \VALK HOMEO~%"ERS ASSOCLATION. WHEREAS. the Board of County Commissioners of Collier County, Florida. on FebruaD' 23. 1999 approved the plat of Island XValk Phase Two for recording: and WHEREAS, the developer has consm_~:ted and maintained the roadway, drainage. water and sewer improvements in accordance v. ~d,. ti~e approved plans and specifications and as required by the Land Development Code I Collier County Ordinance No. 91-102. as amended): and the Utilities Standards a~:d Procedures Ordinance iCollier Count,, Ordinance No. 97-17), and \VHEREAS. the developer has no',,, recuested final acceptance of the roadxx ~.,,. drainage, water and sewer improvements and rciease of his maintenance security: and \VHEREAS. the Compliance Se,,7'icc> Section of' the Development Set-x ices Department has inspected the roadx~av, dra2na.:e, wa'~er and sewer improvements and is recommending acceptance of said faci!i~!z5 NO\V. THEREFORE. BE IT RESOi_VED BT THE BOARD OF COUNTT COMMISSIONERS OF COLLIER COUNT\'. FLORIDA. that finat acceptance be granted for those roadway, drainage, wa:er and sew er improvements in Island \Valk Pi~asc Tv,'o. and authorize the Clerk to release the maintenance security. BE IT FURTHER RESOLVED ANT) ORDERED that the County accept the future maintenance and other attendant costs for the roadway, drainage, water and sex~ er improvements that are not required to be maintained by the Island \Vatk Homeowners Association. This Resolution adopted after mono:;, second and majority vote favonng same. DATE: ATTEST: DWIGHT E. BROCK, CLERK BOAP, J) OF COI.:~n','TY COMMISSIONERS COLLIER COTbZT4TY, FLOR_DA JAMES N. COLETTA, CHAII:LMAN Approved as to form and legal sufficiency: Patrick G. \Vhite Assistant Collier Counb' Attome.x 2002 EXECUTIVE SUMMARY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "PINE AIR LAKES I/NIT THREE" OBJECTIVE: To approve for recording the final plat of "Pine Air Lakes Unit Three", a subdivision of lands located in Section 11 Township 49 South, Range 25 East, Collier County, Florida, following the alternative procedure for approval of subdivision plats. CONSIDERATIONS: Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Pine Air Lakes Unit Three". These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. Ail fees have been paid. There are no subdivision improvements associated with this plat. Engineering Review Section recommends that the final plat of "Pine Air Lakes Unit Three" be approved for recording. FISCAL IMPACT: There is no fiscal impact to the County. 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: $550.00 GROWTH MANAGEMENT IMPACT: 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 IMPACT: There are no outstanding environmental There are no historical or archeological impacts EAC RECOMMENDATION: Approval CCPC RECOMMENDATION: Approval 3LANNIN~ SERVICES STAFF RECOMMENDATION: That the Board of County Commissioners approve the Final "Pine Air Lakes Unit Three" for recording. AGENDA ITEM Plat of MAR 2 6 2.002 Executive Summary Pine Air Lakes Unit Three Page 3 PREPARED BY: John'R. Ho'~ldsworth, Engineer Engineering Review REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Director, County Engineer Date Date APPROVED BY: Joseph K. Schmitt, Administrator Community Development & Environmental Services Public/ Work.s, Engineering "',' ,' ~. , : .: 'I,' ~ ~ --- Norman Feder, Administrator Transportation Services Dat~ Date Date/ ~AR 2 6 2002 EXECUTIVE S UMM~/~Y FINAL ACCEPTANCE OF WATER UTILITY FACILITIES FOR TEMPLE SHALOM OBJECTIVE: The Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, to accept the conveyance of the water facilities. CONSIDERATIONS: 1) The Developer of Temple Shalom, has constructed the water facilities within dedicated easements to serve this development. See attached location map. 2) Preliminary acceptance was approved by the Community Development and Environmental Services staff on April 1, 1997, 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 facilities have been operated and maintained by the Collier County Water-Sewer District during the one 1) year warranty period. 5) A final inspection to examine for any defects 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 $439.50, 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 facilities will be paid by monthly user revenues. GROWTH MANAGEMENT IMPACT: This project has been connected to the County Regional Water Treatment Plant. Capacity presently exists to serve this project. Executive Summary Temple Shalom Page Two RECOMMENDATION: The Community Development and Environmental Services Division Administrator recommends that the Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, accept the water facilities for Temple Shalom, and release the UPS to the Project Engineer or the Developer's designated agent. PREPARED BY: Shirley~ix, Engineering Technician II Engineerin~__~.~rvices REVIEWED BY: Thomas E. Kuck, P.E. Engineering Services Manager Date D~te ' APPROVED BY: Joseph ~. Schmitt, Administrator COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES atta~thments / ,1 .L~ / ? / '~ ~--- Date VANDERBILT BEACH RD EXT DR PINE '~ ''. RIDGE il, RD ~2~.._I 16 3 A v ! WHITE ,! , j- BLVD 16 L Official Receipt - Collier County Board of County Commissioners CDPR1103 - Official Receipt Trans Number Date ~ Post Date Payment Slip Nbr 5403 ; 3/4/97 10:24:01 AM : 3/4/97 i MS 7988 TEMPLE SHALOM, INC, PINE RIDGE ROAD Payor · AM SOUTH Fee Information Fee Code Description ' GL Account Amount Waived 12BOND DEPOSITS-COMM DEV (CASH BOND) 67000000022011300000 $439.50 Total $439.50 Payments Payment Code Account/Check Number Amount CHECK 338846150 $439.50 Memo: Total Cash $0.00 Total Non-Cash $439.50 Total Paid $439.50 Cashier/location: GARRETT S / 1 User: NIX S Collier County Board of County Commissioners CD-Plus for Windows 95/NT Print~ A~A ITeM MAR 2 6 2002 d: 3/4~7-'~"~.~ 4~9"A M_,,,_ COMMUNITY REDEVELOPMENT AGENCY EXECUTIVE SUMMARY Companion to BCC Executive Sunm'mry 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). CONSIDEIL&TIONS: 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 tile 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 tile 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 quarterO' 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 5'ear will be approximately $3,720.00. Charges for services covered under this agreement will be allocated between h'nmokalee Redevelopment Fund (186) and Bayshore/Gateway Redevelopment Fund (187) based on actual utilization. Funds will be transferred t¥om CRA Funds (186 and 187) FY 02 Reserves. GROWTH MANAGEMENT IMPACT: N/A PLANNING SERVICES RECOMMENDATION: That the Community Redevelopment Agency 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. 2 6 2002 PREPARED BY: MARLENE FOORD PRINCIPAL PLANNER COMPREHENSIVE PLANNING SECTION REVIgWED BY: '- / STAN LITSINGER, AICP -/ COMPREHENSIVE PLANNING MANAGER REVIEWED BY: k.../~ ~ SUSAN MURRAY, AICP PLANNING SERVICES DEPARTMENT DIRECTOR APPROVED BY: i" .~t..-.:~,,--.x~---~.--,-?--.. , ~ ~ . JOSEPH K. SCHMI~ ~MINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SERVICES March 12.2002 DATE DATE DATE D~XTE/' MAR 2 fi 2002 AGREEMENT BETWEEN COMMUNITY REDEVELOPMENT AGENCY, COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AND COLLIER COUNTY CLERK OF COURTS TO PROVIDE ADMINISTRATIVE SERVICES THIS AGREEMENT is made 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 COMMLrNITY 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: \VHEREAS, the CRA has adopted bylaws pursuant to CRA Resolution 2001-98 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 CRA 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 bylaxvs indicate that the duties of the Secretary will be defined in a written agreement with the Clerk; and WHEREAS, the Clerk recognizes the benefit to CRA 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. ^~Eh~:)~ 1 MAR 2 6 2002 ~ NOW, THEREFORE, in consideration of these provisions, it is agreed by and between the 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, (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 payment and accounting processes a~eed upon between the BCC and the Clerk. If special meetings of the CRA are held, costs of services, including pa3qnent for court reporting will be the same as those already provided for in the agreement between the Clerk and the court reporting company under contract v,'ith the Clerk for such services. 3. Through its annual budgeta~ process, the BCC agrees to budget for and pay for the costs incurred by the CRA, and the Clerk as a result of the above listed sen'ices. The CRA will follow all purchasing and persormel policies of the BCC, and will only vary fi'om these policies if and when the provisions of this Agreement are amended, after n'mtual a~eement of all parties to reflect such change. This Agreement v¢ill be in effect from the effective date until terminated by either party upon thirty (30) days written notice. This Agreement may be amended from time to time by the parties as needed. 6. This Agreement is governed and construed irt accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties have hereunto affixed their signatures by their duly authorized representatives. MAR 2 6 2002 DATED: ATTEST D\VIGHT E. BROCK, CLERK COMMUNITY REDEVELOPMENT AGENCY OF COLLIER COUNTY, FLORIDA BY: DONNA FIALA, INTERIM CHAItLMAN Witness (Signature) (Print) COLLIER COUNTY CLERK OF COURTS OF COLLIER COUNTY, FLORIDA )WIGH~E. BROCK, CLERK v ATTEST DWIGHT E. BROCK, CLERK COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA BY: JAMES N. COLETTA, CHAItL\iAN Approved as to Form and Legal Sufficiency: Marjorie qsI/l. Student " Assistant County Attorney 200?. 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 xvould be perfom~ed 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 a~eement 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. GROWTIt MANAGEMENT IMPACT: PLANNING SERVICES RECOMMENDATION: That the Board of County Commissioners authorize the Chairman to sign the attached Clerk of Courts Agxeement 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 REVI ,E4y-ED BY: ~TAN LITSINGER, AICP COMPREHENSIVE PLANNING MANAGER REVIEW/ED BY: SUS~AN MURRA'~, AICP / PLANNING SERVICES DEPARTMENT DIRECTOR APPROVED BY: JOSEPH K. SCHMITT / ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SERVICES March 12, 2002 DATE DATE DATE AGREEMENT BETWEEN COMMUNITY REDEVELOPMENT AGENCY, COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AND COLLIER COUNTY CLERK OF COURTS TO PROVIDE ADMINISTRATIVE SERVICES THIS AGREEMENT is made 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 subdMsion 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 Count>' Commissioners, whose mailing address is 2800 North Horseshoe Drive, Naples, Florida 34104. WITNESSETH: \VHEREAS, the CRA has adopted bylaws pursuant to CRA Resolution 2001-98 for the Agency that establish membership, duties and responsibilities; and WHEREAS, the bylav,'s 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 CRA requests that the Clerk perform such duties which are similar in nature to those already performed on a regular basis for the Collier Count>' Board of Count3' 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 recognizes the benefit to CRA 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. MAR 2 F5 ~007 pg. 3 NOW, THEREFORE, ill consideration of these provisions, it is agreed by and between the parties as follows: The CRA shall pay the Clerk for the following 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 bylaws or as required by law, (c) posting or causing to be posted all meeting notices as required by County procedures and notify members, (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 sen, ices provided to the CRA ,,,,,ill be paid through the same pa3nnent and accounting processes agreed upon between the BCC and the Clerk. If special meetings of the CRA are held, costs of services, including payment for court reporting ,,,,'ill be the same as those already provided for in the agreement between the Clerk and the court reporting company under contract with the Clerk for such services. 3. Through its annual budgetary process, the BCC agrees to budget for and pay for the costs incurred by the CRA, and the Clerk as a result of the above listed services. The CRA will folloxv all purchasing and persom'tel policies of the BCC, and ,,,,,ill only ,,'aD" fi'om these policies if and when the provisions of this Agreement are amended, after mutual agreement of all parties to reflect such change. This Agreement will be in effect front the effective date until terminated by either proxy npon thirty (30) days written notice. This Ageement may be amended from time to time by the parties as needed. 6. This Agreement is governed and construed in accordance xvith the laws of the State of Florida. IN WITNESS WHEREOF, the parties have hereunto affixed their signatures by their duly authorized representatives. DATED: ATTEST DWIGHT E. BROCK, CLERK COMMUNITY REDEVELOPMENT AGENCY OF COLLIER COUNTY, FLORIDA BY: DONNA FIALA, INTERIM CHAIRMAN \Vitness (Signature) (Print) COLLIER COUNTY CLERK OF COURTS OF COLLIER COUNTY, FLORIDA BY: C~-ERK v...~ E.- F15.0-~K', ATTEST DWIGHT E. BROCK, CLERK COLLIER COUNTY BOARD OF COUTTY COMMISSIONERS, COLLIER COUNTY, FLORIDA BY: JAMES N. COLETTA, CHAIP~MAN Approved as to Form and Legal Sufficiency: Marjorieq~4. Student Assistant County Attorney AGENOA !TE~ t J MAR 2 6 2002. EXECUTIVE SUMMARY. APPROVAL OF THE MORTGAGE AND PROMISSORY NOTE FOR A TWO HUNDRED THIRTY SEVEN THOUSAND ($237,000) DOLLAR LOAN TO BIG CYPRESS HOUSING CORPORATION TO ASSIST IN 7HE CONSTRUCTION OF THE MAIN STREET VILLAGE AFFORDABLE HOUSING DEVELOPMENT IN IMMOKALEE. ~ To increase the supply of affordable housing in Collier County by granting a loan to the Big Cypress Housing Corporation, a Florida Non-Profit Corporation, assistine in the construction of a 79-unit affordable housing development nmned Main Street Village located in Immokalee. CONSIDERATION_: The Collier County Department of Housing & Urban improvement has set aside $237,000 from the State Housing Initiative Partnership (SHIP) funds for a zero interest loan to Big Cypress Housing Corporation. This zero interest loan is provided for by the Land Acquisition/ Transfer With New Construction strategy approved by the Board of County Commissioners in the three-year SHIP Housing Assistance Plan on April 24, 2001. The County's mortgage on the property will be in third position behind a $2,500,000 loan from the USDA and a $3,280,000 loan from the State of Florida, Florida Housing Finance Corporation. FISCAL IMPACT: Approval of this Mortgage and Note will grant a $237,000 loan to Big Cypress Housing Co¢oration fi'om the Affordable Housing Trust Fund. The loan shall be repaid over a four-year period in $59,250 increments, with the first payment due on April 1, 2009. Total payments shall be $237,000 due by April 1, 2012. Recording costs will be paid to the Clerk of Courts from the Aft~rdable Housing Trust Fund. It is anticipated that the project will qualify for a 6-year deferral of Impact Fees available to providers of affordable housing at time of building permit issuance. GROWTH MANAGEMENT IMPACT: This loan to Big Cypress Housing Corporation will allow Collier County to enhance the development of affordable housing in accordance with the Housing Element of the Growth Management Plan of Collier County. RECOMMENDATION: That the Board of County Commissioners approve the Mortgage and Promissory Note. o v, Dcvelo incm Manaacr CormacJ. Giblin, H~* ' ' P ' ' '=~ pepartmen~f Hous/nqand Urban hnprovement R EVIEWEDBY: ~~5~ Date: ~~'0 ~ ~ ~.~O__~l~ .~ Denton Baker, Interim Director APPROVED / / Joseph ~hniitt. Administrator /Community Development anti Enviromnental Services Divisit~=~~ PROMISSORY NOTE 2002 Borrower: Big Clrpress Housing Corporation, a Florida Non-Profit Corporation. Main Street Village Apartments Immokalee Florida (?rcperty Address) (City) (State) !. BORRO~qER(S) PROMISE TO PAY: I/:<- prcmis, to pay Two Hundred Thirty-Seven Thousand Dollars ($237,000.00) (this amount ,.=il be called "principal") to the order of Collier County or to any other hclder of this Note (the "Lender"), whose address is 2~00 Horseshoe Drive North, Naples, Florida 341C4. I/We understand that ~he Lender may %ransfer the Promissory No~e. The Lender cr anyone who ~akes this Note by transfer an~ is entitled to receive pa~.ents under this Note will be called the "Note Holder". 2. !~EREST: Interest on this Note shall be zero percent (0%) Der a~n~: except 5hat if i:'We fail %c pay this Noue as re~ired, the interest rate shall be twelve percen~ (12%) per ann~m from zhe date when garment of this Hote is due until I/We Day it in full. 3. PAYMENTS: Principal pa~en~s of $59,250.00 shall be made yearly beginning 2009 to ~he Collier County Housing and Urban Improvement Eepar~ment until pa}~ent in full is received by 2012. My/Our to~a! pa>~,ent shall be U.S. $237,000.00. 4. BO~O~'~R'S RIGHT TO PREPAY: i/We have the right to make pa}~ents ~f principal at any time before uhey are due. A paten% cf principal only is kno%~ as a "prepa~.ent". '.<hen i/We make a prepa}~en%, I/we will ~eil the Note Holder in writing tha~ I/we ~m dQin~ so. I/We may make a full prepa>~ent or partial prepayment charge. Tko Noue Holder will use all of my prepa~en~s to reduce ~he amoun~ of ~he principal ~hau i owe under this N~e. If i,t~e ~.ake a partial ~re~a~ent, ~here will be no changes in the due ia~e er in the of my monthly pa'=~,ent unless tke Note Holder agrees in writing to those ckanses. If I/We make a partial prepayment, there will be nD prepayment Send!fy a~tering %c er associated with such prepa'=~,ent 5. LO~ C~GES: if a law, which applies to this loan and which sets maxim~r, isdn charges, is finally interpro%ed so tha5 the in~eres~ or other loan charges co!leT%e! cr ~o be cc!les~ed in connerticn with this loan exceed the ~ermi~ed !imi~s; then (i} any such !can charses =~aTM be reduceJ ~" the ~vsu-~ necessary %o reJuce the ckarges 5~ the Fe~i~ed limit; anJ {ii} any s'~ms alreaJy cclleczed from me which exceeded pe~itted timius will ke refunle~ r.e/us. The Note Holder r. ay ch~zse 50 make [his refund by -~=~"~-~'~ ~he principal that i cwo un,er ~his Note or by r. akin~ a !irec~ pa}~en~ to r.e;us, if a refuni re/uses prlnctie!, the reJvr~lisn '.:ill he irea~ei as a par~iai SUBORDINATION: Lender and Borrower acknowledge and agree tkau this Security ims%r'~menu subject and subordinate in all respects ~o 5he liens, terms, covenants and ctndi~ions of any Firs5 and/ or Secon~ msrtgage and ~o all advances heretofore r. ade or whlch may hereafuer be made pursuant us the Firsu and/ or Second r. oruga~e inclu~in~ all s"~s a!vanced fa~ the purptse uf (a) Ur~uecting ur furuher securing 5he lien cf the First and' cr Secon~ mortgage, cu~ nU Lsfau!t~. ky the Borrower under uhe Firs~ and/ or Second mortgage or for any Donor ~uai e:.~ressly pe:'rlt~ei by the Firs~ and cr Sescni msrtgage or csnstruc~in~, r~:... ~ting, repairin} 22rnishlr'.:7. flxturing or e~iDping the Property. The 5erms and provLs~er~ ef the Firs~ ~nc, cr SecenJ mor%ga~e are par~nsunt and csnursiiing, and they supersede any other te~r~: a.~ provisions hereof in conflict =herewith. In the event pfa foreclosure or deed im lie'& of foreclosure of the First and/ or Second mcr:gage, any previsions herein or any pre,ions in any o~ber c~llat'~al agreement restrictin~ the use o~ the Property to low or moderate income householdm or o:herwise res%rioting Borrower's ability to sell the Property s~ll have no fur=her force or effect un s~se~ent otb. ers or purchasers of the Pr~erty. ~ ~rzon, incl~ his successors or assigns (other than ~he Borrower or a .,~=~ e~t~%~ of the Borr~r), receivin~ =i~le to the 9=sporty ~=ough a foreclosure ~r '~ee~ :in i~*u of foreclos~e of ~he Firs~ and/ or Second mGrcgmge ,~1 receive title to ~Dhe 'PrOgert,~ ~f,:ee a~d clear ~em ~uch restrictions. Further, if the ~Qr Lien Hold~e'r ~:,=.¢t~.res cd%lo =o the Pr~y pursuant to a deed in lieu of f~reclos~e~, ~ lien of ~h{s ~ur~.%9, Zns~ent sh'a~ automatically terminate Lender shall not have c ,roi ~ne defauZ~ ~m~: the Fi_sc and/ ~:: Second ~$rt~aL;~ ...':t'hh'~ ll~is Prcmissor'y Nste (and the ind~d--.~nuss secured hereby) shall be subordinate to a ml, rtSage v.,i%h tile United States -apartment ct Agriculture in the amount of {"First Moltgase"%, ~nd to a :' sond ~oltgage wL~h ~he Florida Finance Hmlsln;} 7 BORRO%'~R(S) FAILURE TO ~Y AS REQUEST~ }~ "-' '~ (A) Default If I/we dc : '_ pay the full ~mount as re~;uira~c~ tn Seclhzn b dzo':e, l.we ~'ill be i~. defau'". a~p!~? _e ~aw an~ re~:~re me, us 5o ~ay %ne Kote 3~::.t~':"s ::c.~ ~.',.:t ~:qx~%~es as ~3ribed in ~ Pas~nenr of Note Holder's Cos/ and Expenses '' 'he [1o~ Hzlder tskes such ac5ions as described above, ,~he N3Ue Ko!der .t to be paid haek for al! 9f i~s ccsts and expenses, l~ludlng, bun no~ iimi~ed ! 1!. 12. reasonable attorneys' fees. GIVlNG OF NOTICES: Unless applicable law required a different method, any notice that must be given to metus under the Ncte will be given by delivering it or by mailing it by first class mail to me at the P¥oper~y Address cn Page ! or at a different address if i/we give the Note Holder a notice of my/our different address. Any notice that must be given to the Note Holder under this Note will be given by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) or at a different address if I/we have been given a notice of that difzerent a~ress. OBLIGATIONS OF PERSONS UNDER THIS NOTE: If more than one p~rson sic.s this Note, each person is fully and personally obligated to keep all of the prs~ises made in this Note, including the promise to pa}' the full amount owed. Any person who is a guarantor, sure~y or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser cf this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this ~ote. WAIVERS: I and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. "Presentment" means the right to require the ~iote Holder to demand payment of amounts due. "Notice of Dishonor" means the right to re~aire the Note Holder to give notice to other persons that ~ounts due have not been paid. UNIFORM SECURED NOTE: This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protection given to the Note Holder under this Note, a Mortgage, Deed of Trust or Security Deed (the "Security Instru_ment"), dated the s~me date as this Note, pro~ects the Note Holder from possible losses which might result if I/we do not keep the premises which I/we make in this Note. That Security Instr'~ment describes hew and under what conditions i/we may be required to make dm.mediate payment in full cf all amounts I/we owe under this Note. Scme of those conditions are described as follows: Transfer of 5he Pruperty cra Beneficial interest in Borrower. If all er any ~art of the property cr any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold cr transferred A~d Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require dm.mediate pa~ent in full or all s~s secured by this Security instr'm~en~. However, this option shall no5 be exercised by Lender if exercise is prohibi~e~ by federal law as of the date of this Security ins5rmrent. if Lender exercises th!s option, Lender shall give ~orrcwer nutice cf acceleration. The notice shall provide a ~eric~ cf not less than thirty (30) days from the date the notice is delivered er mailed, within which ~rrcwer must pay all s~r~s secured by this Security instr'~ent, if 5rrrower(s) fail to pay these s~ms pricr to the ex~.~iraticn of this peri~5, Lender may in-:~ke an}' remei!es ~e-~-J.-ltrei b~, this Security instr'~v, en~ without further n~tice cr demaxl on B~rrcwer. ?iouwithstanding the above, the Lender's ri~hus to collect and apply the insurance proceeds hereunder shall he sub,eot and subordinate to the rights of the Senior Lien Holder cc!!ect and apply such proceeds ~n accordance with the First Deed of Trust. This note is governed and construed in accordance with the Laws of the State of Florida. WITNESS THE_~.H~ND(S) AND~EAL(S) OF THE UNDERSIGNED. . ~-- ; Bi~ Cypress Housin~ Corporation, a Florida Non-Profi~ .~__~/ Corporation RETURk~ ~O: Collier County Housing & Urban Improvement Department 28~Q North Horseshoe Drive ~U~D~es, FL 34104 Phone: ~41) 403-2330 Fax~ (941) 403-2~31 ITE~.~ 2002 PrcpareJ b>: Collier County Housin,2. and U~ ban Impro~ cmcnt Dept. Mr. Cormac GiNm. HU1 Xlana~cr 2S00 N. Horseshoe Dr. Naples. FL 34104 941-403-2330 MORTGAGE Security Instrument THIS SPACE FOR RECORDING THIS SECURITY INSTRUMENT ;s g~ven on 2002. The Borrower is: Big Cypress Housing Corporation, a Florida Non-Profit Corporation ("Borrower"). This Security Instrument is given to Collier County ("Lender"), which is organized and existing under the laws of the United States of America, and whose address is 2800 North Horseshoe Drive, Naples, Florida 34014 . Borrower owes Lender the sum of Two Hundred Thirty-Seven Thous~d Dollars (U.S. S 237,000.00 ). This debt is evidenced by Borrower's Note dated the same date as this Security Instrument which provides for monthly payments, with the full debt, if not paid earlier, due and payable on 20 12. This Security Instrument secures to Lender: (a) the repayment ol the debt evidenced by the Note, with interest, and all renewals, extensions and modifications; (b) the payment of all other sums, with interest advanced u~der paragraph 7 to protect the security of the Security Instrument; and (c) the performance of Borrowers covenants and agreements under this Security Instrument and the Note, For this purpose, Borrower does hereby third mortgage, grant and convey to Lender the following described properly located in Collier County, Florida. As more particularly described in Attachment A (Legal Description) and which has the address of: ("Proper~yAddress"): Main Street Village Apartments TOGETHER W!T,"-! afl the. !mprovzm:r;;$ ,',o~ gi he,e,~ftur ere, c,;=u oi% ~oa property, and all easements, rights, appurtenances, rents, royalties, mineral, oil and gas rights and profits, water rights and stock and all fixtures now or hereafter a pad of the proper~y. All replacements and additions shall also be covered by the Security Instrument. All of the foregoing ~s referred to in this Security Instrument as the "Property". BORROWER COVENANTS that Borrower is lawfully seized of the estate hereby conveyed and has the right to modgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. This Modgage-Security Instrument (and the indebtedness secured hereby) shall be subordinate to a first mortgage with the United States Department of Agriculture in the amount of S2,500,000.00 ("First Mortgage"), and to a second mortgage with the Florida Housing Finance Corporation in the amount of S3,280,000.00 (Second Mortgage"), Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-un;form covenants with limited variation by jurisdiction to constitute a un;form security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal and Interest; Prepayment and Late Charges. Borrower shall promptly pay when due the principal of and interest on the debt evidenced by the Note. 2. Taxes. The Mortgagor will pay all taxes, assessments, sewer rents or water rates prior to the accrual of any penalties or interest thereon. The Mortgagor shall pay or cause to be paid, as the same respectively become due, (A)(1) all taxes and governmental charges of any kind whatsoever which may at any time be lawfully assessed or levied against or with respect to the Property, (2) all utility and other charges, including "service charges", incurred or imposed lor the operation, ma;ntenance, use, occupancy, upkeep and improvement of the Property, and (3) all assessments or other 9overnmenta! ,.;r,arges mat may iawfu~ty be paid in installments over a period of years, the Mortgagor shall be obligated under the Mortgage to pay or cause to be paid only such installments as are required to be paid during the term of the Mortgage, and shall, promptly after the payment of any of the foregoing, forward to Mortgagee evidence of such payment. 3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender shall be applied; firsl, to interest due; and, to principal due; and last, to any late charges due under Ihe Note. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines and impositions attributable to the Property which may attain priority over this Security Instrument, and leasehold payments or ground rents, il any. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph, and all receipts evidencing the paymenls. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the tien by, or defends against enlorcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfacton/to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a which may attain priority over the Security Instrument, Lender may give Borrower a notice identifying the lien. shall satisfy the lien or take one or more ol the actions set forth above within 10 days of the giving of notice. 5. Protection of Lender's Rights in the Property. If Borrower tails to pedorm the covenants and agr~ contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in Property (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture or to enforce laws or regula then Lender may do and pay for whatever ~s necessary to protect the value of the Property and Lender's rights in t Property. Lender's actions may include paying any sums secured by a lien which has priority over this Security appearing in court, paying reasonable attorneys' fees and entering on the Property to make repairs Although Lan take action under this paragraph 7, Lender does not have to do so. Any amounts disbursed by Lender under this 7 sh~all become addilional dell ct Borrower secured by this Security Instrument Unless Borrower and Lender agr~ er may :aragraph terms of payment, these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable, with interest, upon not~ce from Lender to Borrower requesting payment. 6. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Properly. Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. 7. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnalion or other taking of any part of the Properly. or lot conveyance in lieu of condemnation, are hereby assigned and shall be paid Io Lender. In the evenl of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess prod to Borrower. In the event of a ~artial taking of Ihe Prope~y, in which Ihe lair market value of the Property immediately before the taking is equal to or creater than the amount of the sums secured by this Security Instrument immediately before the taking, unless Borrower ~nd Lender otherwise agree in wriling, the sums secured by this Securily instrument shall be reduced by the amount of the proceeds multiplied by the following fraction: (a) the lotal amount of the sums secured immediately before the taking, divided by (b) the fair markel value of the Property immediately before the taking. Any balance shall be paid to Borrower. In the event of a partial taking ol the Property in which the fair market value of the Properly immediately before the taking is less than the amount of the sums secured immediately lor lhe taking, unless Borrower and Lender otherwise agree ~n writing or unless applicable law other,'vise provides, the proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due, Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 or change the amount of such payments. 8. Borrower Not Released, Forbearance By Lender Not a Waiver, Extension of the time for payment or modification of amortization of the sums secured by this Security instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest. Lender shall not be required to commence proceedings against any successor In interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by th~s Security instrument by reason of any demand made by the Original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise ct any right or remedy. 9. Successors and Assigns Bound; ,Joint and Several Liability; Co-Signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the Provisions of paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs th~s Security Instrument but does not execute the Note; (a) is co-signing this Security instrument only to modgage, grant and convey that Borrower's interest in the Property under the terms ct this Securily instrument; (b) is not personally obhgated to pay the sums secured by this Security instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, fcrbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. 10. Loan Charges. If the loan secured by this Security Instrument is subject to a taw which sets maximum loan charges, and that law is finally interpreted so that the interest or other 1dan charges collected or to be collected in connect~cn with the ~oan exceed the permitted limits, lhen: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits wdl be refunded to Borrower. Lender may choose to make this relund by reducing the principal owed under the Note or by making a direct payment to Borrower- Ifa refund reduces principal, the reduction witl be treated as a partial prepayment without any prepayment charge under the Note, 11. Notices. Any notice to Borrower provided for in this Secur',ty Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law required use of another melhod, The notice shall be directed to the Prope~y Address or any other address Borrower designates by notice to Lender. Any notice to Lender ~ha!l be ?,,er' to Sor~o,~i or Lender when g~ven as provided in this paragraph. 12. Governing Law; Severability. This Security Instrument shall be governed by federal law and the law of the junsdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conftio~,s '.',ith eppiiceole la,,';, such confhct shah not affect other provisions of this Security Instrument or the Note which can begveneffectwlthouttheconflictingpr°vls~°n' TO this end the pfovistons of this Security instrument and the Note are declared to be severac!e 13. Borrower's Copy. Borrower sha~l be g~ven one conformed copy ol the Note and of this Security lnstrument 14. Transfer of the Property ora Beneficial Interest in Borrower. if all or any part of the Property or any ~nterest ~n it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lenders prior written consent, Lender may, at its option, require immediate payment in full ol all sums secured by this Security Instrument. However, this opbon shalt not be exercised by Lender if exercise is prohibited by federal law as ol the date of this Security Instrument. If Lender exercised this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay ail sums secured by this Security Instrument. II Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further nolice or demand on Borrower. 15. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any bme prior to the earlier of: (a) 5 days (or such other period as applicable law may specity for reinstatement) before sale of the Property pursuant to any power ol sale contained in this Security Instrument; or (b) entry ol a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then wo,-'!d be due unde, this Seeu,ity !nstrument and the ~cte 2c if no 2~,cnlaraticl', had occurred; (b) cures and default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited Io, reasonable attorney's tees; and (d) takes such action as Lender may reasonably require to assure that the lien of this Security Instrument, Lender's rights in the Property and Borrower's obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had occurred, However, this right to reinstate shall not apply in the case of acceleration under paragraph 17. 16. Sale of Note; Change of Loan Servicer. The Note or a partial interest in Ihe Note (together with this Security Instrument) may be sold one or more times without prior notice to Borrower. A sale may result in a change in the entity (known as the "Loan Servicer") that collects monthly payments due under the Note and this Security Instrument. There also may be one or more changes of the Loan Servicer unrelated to a sale of the Note. II there is a change of the Loan Servicer, Borrower will be given written notice of the change in accordance with paragraph 14 and applicable law. The notice will state the name and address of the new Loan Servicer and the address to which payments should be made, The notice will also contain any other information required by applicable law, 17. Hazardous Substances. Borrower shah not cause or permit the presence, use, disposal, slorage, or re ol any Hazardous Substances on or tn the Property. Borrower shall not do, nor allow anyone else fo do, anything erie4 the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presen( use, or storage on the Property of small quantities ol Hazardous Substances that are generalfy recognized to be apprc to normal residential uses and to maintenance of the Properly. Borrower shall promptly give Lender written notice for any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private pady involving the Property and any Hazardous Substance or Environme Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or regulato~ auth that any removaI or other remedialion of any Hazardous Substance aflecting the Properly is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. ing AG, E., 4[, A I i 'c]'~ -- i'riate NO.~'''~ fa, MAR 2 6 2002 rity, PI~,~ As used in fhis paragraph 20, "Haza'rdou~'§tJbSi~nceS" are thos~ ~0~i,~nC:~ a~fi~ed as toxic or hazardous subslances by Environmental Law and the following substances; gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbeslos or formaldehyde, and radioactive materials. As used in this paragraph 20, "Environmental Law" means federal laws and laws of the jurisdiction where Ihe Properly is located that relate to health, safety or environmental protection. 18, Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but nol prior to acceleration under paragraph 17 unless applicable law provides othen,¥ise). The notice shall specify: (a) the delault; (b) the action required 1o cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which Ihe default must be cured; and (d) that failure to cure the default on or belore the date specified in the notice may result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property, The notice shall further inlorm Borrower of the right to reinstate alter acceleration and the right to assed in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured on or before lhe date specified m the notice, Lender, at its option, may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Inslrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in lhis paragraph 21, including, but not limited to, reasonable attorney's fees and costs ol the title evidence. 19. Release. Upon payment of all sums secured by fhis Securify Instrument, Lender shall release this Security Instrument, without charge, to Borrower. Borrower shall pay any recordation costs. 20. Attorneys' Fees. As used in this Security Instrument and the Note, "attorneys' fees" shall include any attorneys' fees awarded by an appellate court. SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any rider(s) executed by Borrower and recorded with it. Signed, sealed and delivered in the presence of: Signature: STATE OF Florida COUNTY OF M, iami Dade Big Cypress Housing Corporati~, a Florida Non- z ,./ Borr~r: Steve~n Kirk, Pl~e~ident & C~O , h~ foregoing Mortgage was acknowledged before me this ,'2/¢ z/;.~/,...-,,.~'..;.by.., ... ,., Steven Kirk of Bfq Cvpress (date) .(.name) (corporat~oq / Housinq Corporation. a Florida Non- Profit Corporation: a Florida Corporation. He is personally known name) to me or has produced as identification7 sJgn,~'~ure of person tak?~g acknowledgment - Id,//".-../ name:of person typed; stampe, g ~-~ed a~_l~o, for,l~ &..legal sufficiency, County Attorney MAR 2 6 2002 Attachment A. Main Street Village Apartments- Legal Description: Tract B of Roberts Ridge, a subdivision recorded in Plat Book 25, Pages 100 and 101 of the Public Records of Collier County, Florida. ,~AR 2 6 2002 EXECUTIVE SUMMARY REAPPROPRIATE $30,000 OF FUNDS FROM TOURIST DEVELOPMENT RESERVES TO COVER FY01/02 BROCHURE EXPENDITURES OF THE COUNTY SHERIFF AND EMERGENCY MANAGEMENT DEPARTMENTS. OBJECTIVE: Request Board of County Commissioners' (BCC) approval of attached budget amendment to reappropriate $30,000 of funds from Tourist Development (TDC) Reserves (Fund 194; Cost Center 919010; Object Code 991000) for promotional brochures' expenditures (Fund 194; Cost Center 101540; Object Code 882100) of the County Sheriff and Emergency Management Departments. CONSIDERATIONS: On September 25, 2001, the BCC approved an amended 2001 Tourist Agreement between Collier County and the Tourism Alliance of Collier County. The BCC-approved amendment provided an additional $30,000 of tourist development funds for brochure publications of the County Sheriff and Emergency Management Departments. The related budget amendment was approved on September 26, 2001. Since the additional funding was BCC-approved near year end FY00/01, the funds were rolled back into Reserves before the actual brochure publications were printed in FY01/02. In order to provide proper matching of BCC-approved, appropriated funds and actual expenditures which occurred in FY01/02, a budget amendment is required, as stated herein. FISCAL IMPACT: Fiscal realignment of TDC (Fund 194) Reserves in the amount of $30,000 for FY01t02 expenditures. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: budget amendment. SUBMITTED BY: REVIEWED BY: That the Board of County Commissioners approve attached APPROVED BY: Thjbn!z s B:,Nohl, Senior Management/Budget Analyst _.~ ¢//'~ Date:.__~_~ ,/~ '0' D."E<." ;leu" Wallace, Director, CDES Operations Department ~..¢/_/,/~'_~ _.~2_.,¢,,..~ Date: ::~'/~' D"z'-- Josepl K. Schmitt, Administrator, Community Developrr ~r~t and Environmental Services Division AGEND;, ITEM .o. 2002. .. EXECUTIVE SUMMARY APPROVAL OF AN INTERLOCAL AGREEMENT WITH THE COLLIER COUNTY DISTRICT SCHOOL BOARD TO AUTHORIZE PLAN REVIEW AND INSPECTION SERVICES FOR CONSTRUCTION AND MAINTENANCE PROJECTS OF THE SCHOOL DISTRICT UNDER THE FLORIDA BUILDING CODE (FBC); AND ADOPTING A SCHEDULE OF FEES FOR SUCH SERVICES. OBJECTIVE: To enter into an interlocal agreement providing for specified reviews and inspections for School District building projects. CONSIDERATIONS: The nevdy adopted Florida Building Code (FBC) and recent statutory changes in Florida law now allow public school districts, as one option, to enter into interlocal agreements with local governments in order to obtain the plan review and inspection services the FBC now requires. Under the statutes and FBC, local governments are allowed to only charge their "actual labor and administrative costs." These costs have been separately determined and are as set forth in the exhibit attached to the Interlocal Agreement. The fees proposed include rates for review and inspection by the various fire districts providing related services as part of the overall review and inspection process. FISCAL IMPACT: Because the Count>' is charging its actual costs for services provided, there should be no net fiscal impact. If additional staff are necessary for the processing of School District projects, it v, ill be addressed during the budget process. GROWTH MANAGEMENT IMPACT: Intergovernmental coordination between the County and the School District is consistent with Goal 1 of the Intergovernmental Coordination Element of the County's Comprehensive Plan. This goal provides for the exchange of information to achieve compatible and coordinated plans. RECOMMENDATION: Interlocal Agreement. . ~ Ed Perico, Director Building Review and Permitting / Jo/sevh K. Scl~itt, Division Administrator, / ~m[nunity D/.evel(~pment & Environmental k/Services Division APPROVEDBY'~i~nt~,~'~.~ Manag That the Board of Count>' Commissioners approve the proposed Date: Date: ~.~3 5(//¢2.-- 2002 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Interlocal Agreement Between Collier County and The District School Board of Collier County for Review and Inspection Services for District Construction Proiects THIS AGREEMENT is made this day of .., 2002 by and between the Board of County Commissioners of Collier County, a political subdivision of the State of Florida, hereinafter referred to as the "County," and The District School Board of Collier County, a public agency of the State of Florida, hereinafter referred to as the "District," collectively, the "Parties." RECITALS WHEREAS, Sections 235.017, and 553.80 (6), Florida Statutes and Florida Building Code (FBC) Section 423 (2)(b) & (c), authorize the District to enter into an Agreement with the County to have the County provide Plan Review and Inspection Services for the District; and WHEREAS, the Parties desire to have the County perform such services for, and on behalf of, the District according to the provisions of the FBC for the District's construction of all educational and plant facilities including portable units, as well as all of the District's maintenance work; and WHEREAS, this Agreement is not effected by, and is not intended to effect and will remain independent from, the already existing Interlocal Agreement between the County and the District dated June 25, 1996. NOW, THEREFORE, in consideration of the foregoing Recitals, it is hereby agreed by the Parties as follows: 26 27 28 29 30 A. Terms used in this Agreement have the meaning defined in the FBC or relevant statutes. 3], 32 B. Pursuant to Section 423 of the FBC, all of the District's construction work must comply with 33 the currently adopted editions of the Florida Building Code and Life Safety Code; accordingly, 34 pursuant to: 35 1. Section 104.1.1 of the FBC, the District agrees to make application for building permits for 36 all construction projects, as required; 37 2. Section 104.4.1.1 of the FBC, the County will give first priority service to applications, 35 reviews and inspections for the District's construction projects, and as further set forth below; .39 Sections 104.4.1.2 and 423 (2)(c) of the FBC, the County will only charge the District the County's 40 actual labor and administrative costs as set forth in the Fee Schedule attached as Exhibit "A," 4]. which is incorporated herein by reference, and as same may be amended from time to time by 4:2 written agreement of the Parties' designated representatives; and 43 3. Section 423.2.g of FBC, the County must issue a Certificate of Occupancy before any 44 District construction project can be occupied. .~~,:._,r~3~, ~,~.~.-.... C. This Agreement also applies to the permit, plan review and inspectio s ot~11! bl~eI 47 units constructed and used by the District and will be defined as follows. ,MAR 2 6 2.002 ! 1. The District will apply to the County for a Podable Site Specific Permit for the 2 relocation, remodeling and new installation for all ?ortcble units at each school site. 3 An application for Portable Site Specific Permit will be s,, ~,nitted with a portable site 4 plan, depicting the relationship to other existing portable units, and any principal $ structures on site. 6 2. For each type of new portable unit, the District will submit one set of construction drawings ? and foundation/anchoring plan to be filed with the County as a Master plan. 8 3. For each type of old existing portable unit, where construction plans do not exist, the 9 District will submit one foundation/anchoring plan for each type of old existing portable to 10 be filed with the County as a Master plan. ! ! 4. The County agrees to provide first priority for requested inspections for the portable units ]`2 being installed for each of the following: 13 a. Foundation / anchoring 14 b. Plumbing ]` 5 c. Electrical ]6 d. Life Safety 17 ]$ D. This Agreement also applies to all Maintenance work performed by the District, as follows: ].9 Maintenance Annual Permit (for Interior Construction Work Only): 20 1. For all interior construction work performed within the District's educational and plant 21 facilities, an Annual Permit will be requested by the District, and if in compliance with the 22 applicable regulations, the County will issue an Annual Permit for each trade, at each site. 23 2. Annual Permits are required for each trade (building, electrical, plumbing, & mechanical), 24 and at each location. The Parties agree that no plans or inspections are required to issue an 25 Annual Permit. 2d 3. The fee for the Annual Permit will be as set forth in Exhibit "A," Fee Schedule, attached. 2? 4. The County may inspect the District's interior construction work at any time. If the County 28 determines the interior construction work is not being constructed according to applicable code, 29 the County may withdraw the Annual Permit. 30 5. Every six (6) months, after Annual Permit issuance, copies of the District's Work Order 3 ! forms for interior construction work will be submitted to the County as an Annual Permit Log. The 32 Annual Permit Log will indicate what interior construction work was performed by, or on behalf of, 33 the District. 34 6. Notwithstanding #5 above, interior"maintenance" work, as defined by Section 423 (4)(g) of 35 the FBC, pertaining to "maintenance and repair," is not required to be submitted by the District or 36 to be included in the submittals for the Annual Permit Log. 37 38 39 40 41 42 43 44 45 46 47 E. Exterior Maintenance and Construction Work: 1. All construction work performed by, or on behalf of, the District will require the District to submit for needed permits, plan review, and inspections by the County. 2. Such permit plans submitted for County review must be signed and sealed by a Florida licensed architect. .F.. 3. Fees for permit, plan review, and inspections will be set forth n Exhibit"~A" E~e Schedule (attached). 4. The County agrees to give first priority for all District permits, p an rev e~s, ani~i.i,nsp.ect, i~,,n_-s for exterior construction work1 and as further set forth below. 5. Exterior "maintenance" work, as defined by Section 423 (4)(g) of the BC,~erta~ning to 2 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 40 41 42 43 46 47 "maintenance and repair," does not require a building permit, plan review, or inspection. F. Maintenance Work by Sub-Contractors: 1. Any construction work (interior or exterior) that is performed by a sub-contractor of the District will require a permit, plan review and inspections. The only exceptions are as set forth in Section 104.1.1 of the FBC, for any such work not requiring a permit. 2. Fee for the sub-contractor's work are to be identical to the District's fees as set forth in Exhibit "A," Fee Schedule (attached). G. The County agrees that all inspections will be performed within one work day (24 hours) from the time a request is submitted by the District or its contracted agents. The Parties agree the District may schedule any critical, time specific, inspections, including those for Portable Units, through the office of the County's Chief Inspector. H. As per Section 423 (2) (c) of the FBC, in the event that the District Superintendent's designee and the County Building Review and Permitting Department's Director disagree on any interpretation of the FBC or any interpretation of this Agreement, or for any action by the County which the District determines to not be in compliance with Section 553.80 (6) F.S., these interpretations or actions may be appealed, as follows. The appeal must be made in writing to the Florida Building Commission, which may suspend the authority of the County to enforce the state minimum building code and life safety code on the facilities of the District. In the event the Parties are still unable to resolve the issue, the Parties shall then have the authority to pursue any legal action or remedy available to them to resolve the issue. I. The term of this Agreement is for a period of three (3) years; however, either Party has the right to notify the other, in writing, and with or without cause, at least ninety (90) days prior to of its intent to terminate this Agreement by a date certain. In the absence of such written notice by one Party to the other, this Agreement will continue under the same terms and conditions for an additional three (3) years term upon the expiration of the initial term. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: Deputy Clerk By: JAMES N. COLETTA, CHAIRMAN Approved as to form and legal sufficiency: C--~. ,~, , 't Patrick G. White Assistant County Attorney ATTEST: 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Dr. Dan W. White, Superintendent Approved as to Form and Legal sufficiency John Clapper, III, Esq. School Board Attorney DISTRICT SCHOOL BOARD OF COLLIER COUNTY, FLORIDA By: Anne Goodnight, Chair 4 2 3 4 5 6 7 $ 9 10 11 12 13 14 15 16 17 lg 19 20 21 EXHIBIT "A" FEE SCHEDULE EFFECTIVE MARCH 7, 2002: Collier County Building Department's Hourly Rates to be charged to The District School Board of Collier County for Building Permits, Plan Review, and Inspection fees, are as follows: Chief Inspectors Plan Reviewers Permitting Supervisor Building Inspectors Permitting Technician Customer Service Specialist Customer Service Representatives Vehicle Cost Per Mile Annual Permit Per Trade/Location $37.73 $32.61 $31.85 $27.81 $2O.72 $17.55 $16.41 $00.31 $53.OO Fire Department's Hourly Rates to be charged to The District School Board of Collier County for Plan Review, and Inspection fees, are as follows: Fire Dept, Plan Reviewer Fire Dept. Inspectors $44.67 $33.58 These fees and rates will reviewed every six (6) months and adjustments only made by mutual 24 written agreement between the designated representatives of the Parties to this Interlocal 25 Agreement. EXECUTIVE SUMMARY AMEND THE BUDGET TO REALLOCATE RESERVE FUNDS IN THE AMOUNT OF $100,000.00, PREVIOUSLY APPROVED BY THE BOCC IN JULY 2001, FOR THE IMMOKALEE HOUSING INITIATIVE. OBJECTIVE: To approve the budget amendment to re-appropriate previously approved funds in the amount of $100,000.00 into the Immokalee Housing Initiative account to implement the reimbursement program established for the removal of substandard mobile homes. CONSIDERATION: On July 31, 2001 the Board approved a Budget Amendment to appropriate reserves from the Unincorporated General Fund to remove substandard mobile homes from the Immokalee Community. The amendment included allocations for both Fiscal years 2000-01 ($31,000) and FY 2001-02 ($69,000). However the funds were never allocated nor were they assessed during' Fiscal year 2000-01 for the removal of 14 mobile homes and 3 structures that were removed for a total cost of $11,000.00. The $69,000 intended for FY 2001- 02 xvas also not allocated. Since the entire $100,000 was never allocated, we are at this time requesting the amount be allocated so that the outstanding invoices in the amount of $17,065.26 expended during FY 2000-01 can be paid and the program can continue. FISCAL IMPACT: $100,000.00 from the Unincorporated General Fund (111) reserves. GROWTH MANAGEMENT IMPACT: This budget amendment will further the goals of the Housing Element of the Growth Management Plan for the Inm~okalee conm~unity. RECOMMENDATION: The Board authorizes the transfer of $100,000.00 from reserve funds to be transferred into object code 634980 and approves the necessary budget amendment as outlined above. f-./---.-., ;.., SUBMITTED BY: x A ~ Date: ~l~'O~ Dora Vidaurri Innnokalee Supervisor REVIEWED BY: APPROVED BY: Michelle Edwards Arnold Code Enforcement Director ,/JoSeph S c hn;l/tt " .~/ommunity Dev. & Env. Service Division Administrator / 2 6 2002 EXECUTIVE SUMMARY APPROVE THE USE OF CONTRACTED MITIGATION BANKS FOR ROAD CONSTRUCTION PROJECTS. OBJECTIVE: Obtain Board approval to allow the Transportation Engineering and Construction Management Department (TECM) to purchase mitigation credits, as needed, from contracted mitigation banks. CONSIDERATIONS: In order to expedite the permitting process for road construction projects it xvas deemed to be in the best interest of the County to purchase wetland mitigation credits. On June 26, 2001, the Board approved Contract #01-3222 "Annual Contract for Wetland Mitigation" with Mariner Properties Development, Inc., and Mitigation Credit Sales, Inc. Mitigation credits will be purchased primarily from Mitigation Credit Sales' Panther Island Mitigation Bank located in Collier County. However, special circumstances, such as mangrove mitigation, will necessitate the use of Mariner Properties' Little Pine Island Mitigation Bank. ~,'-'FISCAL IMPACT: The funding for mitigation will be budgeted each fiscal year within ,..i each respective project. GROWTH MANAGEMENT IMPACT: There is no impact on growth management associated with this item. RECOMMENDATION: That the Board of County Commissioners allows the TECM to purchase mitigation credits, as needed, from contracted mitigation banks. SUBMITTED B Y-z' ~ --~--~"~ ',~x'~'~.,v~..~ ~'' Date: Kevin H. Duga:n~h'fi~ipal E~'hvironmental Specialist Transpo~ation Engineering & Construction Management Dept. "~V~WED BY: Date: Direct Transp;~on Engineering& Construction Management Dept. /1 ~PROVED BY: ~~~~A Date: N 2~b dministrator Tr o~ation Se~ices Division IlAR 2 6 20O2 Ps. EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS AWARD BID #02-3347 FOR THE PELICAN BAY U.S. 41 BERM IRRIGATION SYSTEM TO COLLIER IRRIGATION IN THE AMOUNT OF $98,914.00 AND APPROVE THE CHAIRMAN TO EXECUTE THE CONTRACT DOCUMENTS UPON ATTORNEY REVIEW. OBJECTIVE: To award Bid #02-3347 for the Pelican Bay U.S. 41 Berm Irrigation to Collier Irrigation in the amount of $98,914.00 and approve the Chairman to execute the contract documents upon Attorney review. CONSIDERATIONS: On February 5, 2002, invitations to bid were sent to seventy- three (73) contractors. The Bid opening was held on February 27, 2002, five (5) proposals were received. Staff has reviewed the proposals and finds the lowest Bidder to be Collier Irrigation in the amount of $98,914.00.. The proposal from this low Bidder meets all specifications of the Bid; therefore, staff recommends that Bid #02-3347 be awarded to Collier Irrigation. In addition, this Contract will be incorporated into the standard Collier County Contract and, therefore, we would request that the Chairman be authorized to execute the contract documents upon attorney review. FISCAL IMPACT: The Fiscal Impact for Bid #02-3347 is $98,914.00. Funds are available in Fund 322; Irrigation & Landscape System Fund. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners a;vard Bid #02-3347 for the Pelican Bay U.S. 41 Berm Irrigation to Collier Irrigation in the amount of $98,914.00 and approve the Chairman to execute the contract documents upon attorney review. ) B z:: ;/ , .,' PREPARED Y: '" ':'''?' / '"'I ' James P. Ward Department Director BY: '~'~, .'ff · (,_~d¥ '(~? DATE: REVIEWED '~evegrn~li I/ ~"' ,~, a,' Direct Edward J ,K~z,~Z/.director Tmn~naiio¢/~ation APPROVED BY: . .~.,..,. ~./~ , ~- '--~ DATE: · No~an'geder, AICP, Administrator / Transpbaation Division AGENDA ITE~--~ I-IAR 2 6 200 - P; / ZOOZ 9 Z 'ON EXECUTIVE SUMMARY APPROVE AN EASEMENT AGREEMENT AND ACCEPT A DRAINAGE EASEMENT FOR THE LELY STORMWATER IMPROVEMENT PROJECT, NOT TO EXCEED $2,600.00. OBJECTIVE: Approve an Easement Agreement for the acquisition of a Drainage Easement for the Lely Area Stormwater Improvement Project (LASIP). CONSIDERATION: The Stormwater Management Department has been actively involved in the design and permitting of the LASIP for a number of years. When fully implemented, this project will provide reduced flooding potential in portions of East Naples and promote better water quality discharges into the estuaries near Rookery Bay. The conveyance of land in the East Naples area to Collier County will keep the LASIP moving forward through the permitting phase and maintains compliance with the Growth Management Plan. In this regard, the Real Property Management Department has reached an agreement with Jerry L. Thomas, Sr., and Aaron D. Thomas to secure a 60-foot-wide Drainage Easement across their property located in the Lely Lakes area, as shown on the attached sketch. The purchase price of $1,800 was based upon an appraisal in the same amount prepared by the County's Review Appraiser. Staff is requesting that the requirement for an independent appraisal be waived pursuant to Florida Statute 125.355. The County's Pollution Control Department advises that the property is environmentally suitable for acquisition by the County for drainage purposes. The Easement Agreement and Drainage Easement have been reviewed and approved by the County Attorney's Office and the Stormwater Management Department. FISCAL IMPACT: The total costs of acquisition should not exceed $2,600.00 ($1,800.00 for the Drainage Easement and $800.00 for a title commitment, title insurance policy, and cost of recording documents). The funds shall be withdrawn from the 1981 Water Management CIP Fund (325), Lely Canal with Spreader and Structures Project ( 31101 ). GROWTH MANAGEMENT IMPACT: This acquisition is consistent with the County's Growth Management Plan RECOMMENDATION: Staff is recommending the Board of County Commissioners: 1. Approve the attached Easement Agreement; and 2. Authorize its Chairman to execute the Easement Agreement; and 3. Accept the Drainage Easement; and AGEN .D~ !T ~..~ MAR 2 6 2002 EXECUTIVE SUMMARY Easement- Future Stormwater Projects Page 2 4. Waive the requirement for a formal, independent appraisal report in accordance with the provisions of Chapter 125.355, Florida Statutes; and 5. Authorize staff to prepare the related vouchers and warrants for payment in accordance with the Easement Agreement; and 6. Authorize staff to proceed with acquiring the Drainage Easement and to record all pertinent documentation in the Public Records of Collier County, Florida. SUBMITTED BY: Cindy M. Erb, Sr~Property Acquisition Specialist Real Property Management Department REVIEWED BY:--',--;'?.~ '/. ). '" ~" ' '"~" Toni.A-.' Mott, Real I~r~)pert'y SuP~'rv-sS¢ Real Prope~y Management Depa~ment Charl%s E. Carrington, Jr., ~A,~irector Real Prope~y Management DepaAment DATE: REVIEWED BY: APPROVED BY: John I~. Boldt, P:E., P.S.M., Director Stormwater Management Department NormC'n E. Feder, AICP, Administrator Traniportation Division DATE: g ._/(-o p- DATE: ~'._3...w-.__ 7> ..._%_ MAR 2 6 2002 PROJECT: Lely Area Stormwater Improvements PARCEL NOS: 111-802 & 111-803 FOLIO NO.: 00442160003 & 00442240004 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into by a~nd between JERRY L. THOMAS, SR., AND AARON D. THOMAS, as joint tenants with right of survivorship, (hereinafter referred to as "Owner'}, whose mailing address is 20621 NW 37~' CT, Opa Locka, FL 33055-1161, and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns (hereinafter referred to as "Purchaser"), whose mailing address is 3301 Tamiami Trail, Naples, Florida 34112; WHEREAS, Purchaser requires a perpetual, non-exclusive easement for drainage and maintenance, over, under, upon and across the lands described in Exhibit "A" (said easement hereinafter referred to as the "Property"), which is attached hereto and made a part of this Agreement; WHEREAS, Owner desires to convey the Property to Purchaser for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, Purchaser has agreed to compensate Owner for conveyance ol the Property; NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: Owner shall convey the Property to Purchaser for the sum of $1,800.00, payable by County Warrant (said transaction hereinafter referred to as the "Closing"). Said payment shall be full compensation for the Property conveyed, including all landscaping, trees, shrubs, improvements, and fixtures located thereon, and for any damages resulting to Owner's remaining lands, and for all other damages in connection with conveyance of said Property to Purchaser. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Property, the execution of such instruments which will remove, release or subordinate such encumbrances from the Property upon their recording in the public records of Collier County, Florida. Owner shall provide such instruments, properly executed, to Purchaser on or before the date of Closing. This Agreement shall be null and void, and of no fudher force or effect, unless Closing shall occur within sixty (60) days from the date Purchaser executes this Agreement; provided; however, that Purchaser shall have the unilateral right to extend the term of this Agreement pending receipt of such instruments, properly executed, which either remove, release or subordinate any and all such liens, encumbrances or qualifications affecting Purchaser's enjoyment of the Property. At Closing, Purchaser shall deliver the County Warrant to Owner and Owner shall deliver the conveyance instrument to Purchaser in a form acceptable to Purchaser. Owner is aware and understands that the "offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. Easement Agreement Page 2 10. 11. Owner represents that the Property and all uses of the Property have been and presently are in compliance with all Federal, State and Local environmental laws; that no hazardous substances have been generated, stored, treated or transferred on the Property except as specifically disclosed to the Purchaser; that the Owner has no knowledge of any spill or environmental law violation on any properly contiguous to or in the vicinity of the Property to be sold to the Purchaser, that the Owner has not received notice and otherwise has no knowledge of a) any spill on the Property, b) any existing or threatened environmental lien against the Property or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the Property. This provision shall survive C~osing and is not deemed satisfied by conveyance of title. Owner shall indemnify, defend, save and hold harmless the Purchaser against and from, and to reimburse the Purchaser with respect to, any and all damages, claims, liabilities, laws, costs and expenses (including without limitation reasonable paralegal and attorney fees and expenses whether in coud, out of coud, in bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by or asserted against the Purchaser by reason or arising out of the breach of Owner's representation under Section 5. This provision shall survive Closing and is not deemed satisfied by conveyance of title. The Purchaser shall pay for all costs of recording the conveyance instrument in the Public Records of Collier County, Florida. All other costs associated with this transaction including bul not ~imited to transfer, documentary and intangible taxes, and recording costs for any curative instruments shall be borne and paid by Owner. Owner shall be responsible for paying any (;;osts and/or fees associated with the securing and recording a Subordination, Consent & Joinder of Easement of the mortgage(s) recorded against the Property from the mortgagee(s). The cost of a title commitment shall be paid by Purchaser. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both padies and shall inure to the benefit of and be binding upon the padies hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and/or assignees, whenever the context so requires or admits. Conveyance of the Property by Owner is contingent upon no other provisions, conditions, or premises other than those so stated above; and the written Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undedakings, promises, warranties, or covenants not contained herein. If the Owner holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Owner shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before the Properly held in such capacity is conveyed to Purchaser, its successors and assigns. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) This Agreement is governed and construed in accordance with the laws of the State of Florida. Easement Agreemsnt Page 3 IN WITNESS WHEREOF, the padies hereto have executed this Agreement on this ~ day of ,2002. Date Property acquisition approved by BCC: AS TO PURCHASER: DATED: ATTEST: DWIGHT E. BROCK, Clerk , Deputy Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: JAMES N. COLETTA, Chairman AS TO SELLER: DATED: WITNESSES: Witne-'~Signature) Name: (<~ (Print or Type) Witness (SignatuLe) . Name: ~ .1~ (Print or Type) WITNESSES: (Print or Type) W ~nes~ ,(Signatur~)~ Name: '/~4¢-.~',J (Print or Type) RY [~. THOMASI SR. AARON D. THOMAS Approved as to form and legal sufficiency: -/-Ellen T. Chadwell Assistant County Attorney PUBL. IC WORKS ENGINEERING DEPARTMENT~;~ · 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 / of ~- SKETCH OF DESCRIPTION NOT A SURVEY P.O.C. NW CDR. SEC. 32, TWP. 50S, RGE. 28E 1950.00' S89'38'10"E 150.00,1 PARC ~1~-802 TAX PARCEL 25 LU N 89°38'10" W 150.00' PROJECT .q/lO/ PARCEL 2ZZ~ - FOLIO _qol~'z/~ LEGAL DESCRIPTION THE NORTH 80 FEET OF THE FOLLOWING DESCRIBED PARCEL: COMMENCE AT THE NORTHWEST CORNER OF SECTION 32, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE S 89'38'10" E ALONG THE NORTH LINE OF SAID SECTION 32 1950.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE S 89°38'10'' E 150.00 FEET; THENCE S 02°48'30" W 300.00 FEET; THENCE N 89°38'10" W 150.00 FEET; THENCE N 02048'30" E 300.00 FEET TO THE POINT OF BEGINNING. GENERAL NOTES 1) P.O.C. = POINT OF COMMENCEMENt' 2) P.O.B. = POINT OF BEGINNING 3) SEC. = SECTION 4) TWP. = TOWNSItlP 5) RGE. = RANGE 6) RAN = RIGHT OF WAY 7) ALL DISTANCES ARE IN FEET AND DECIMAL8 THEREOF 8) NOT VALID UNLESS SIGNED AND SEALED WITH THE EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR NOT TO SCALE PR~ARED BY: ,,! COLLIER COUNTY PUBLIC WORKS 3301 E. TAMIAMI TRAIL NAPLES, FLORIDA 34112 DATE JUNE 8, 2000 FILE NO. I [~VVY802 SHEET 1 OF I No.Jg~. MAR 2 6 2O02 Pg. ~ PUBLIC WORKS ENGINEERING DEPARTMENTg:y~41[~Fr ,,,q,,..,,.., · --.-- 3301 EAST TAMIAM! TRAIL NAPLES, FLORIDA 341 (941) 774-8192 SKETCH OF DESCRIPTION NOT A SURVEY P.O.C. NW COR. SEC. 32, TWP. 508, RGE.,~ : LU S 89'38'10" E 150.00' '~x.P.O.B. / __~_0'. PARCEL ]]~-803 TAX PARCEL 27 N 89°38'10' W 150.00' PR00ECT PARCEL F 0L I 0 LEGAL DESCRIPTION THE NORTH 80 FEET OF THE FOLLOWING DESCRIBED PARCEL: COMMENCE AT THE NORTHWEST CORNER OF SECTION 32, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE S 89'38'10" E ALONG THE NORTH LINE OF SAID SECTION 32 1800.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE S 89'38'10" E 150.00 FEET; THENCE S 02°48'30" W 300.00 FEET; THENCE N 89':38'10" W 180.00 FEET; THENCE N 02'48'30" E 300.00 FEET TO THE POINT OF BEGINNING. GENERAL NOTES 1) P.QC. = POINT OF COMMENCEMENT 2) P.O.B. = POINT OF BEGINNING 3) SEC..~ SECTION 4) TWP. · TOWNSHIP 5) RGE. - RANGE 8) R/W = RIGHT OF WAY ?} ALL DISTANCES ARE IN FEET AND DI=CIMAL8 THEREOF 8) NOT VALID UNLESS SIGNED AND SEALED WITH THE iEMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR NOT TO SCALE ED BY: /7 R. RICHMOND P.L.S. ~3'8- ....... COLLIER COUNTY PUBLIC WORKS 3301 E. TAMIAM! TRAIL NAPLES, FLORIDA 34112 DATE JUNE 8, 2000 FIL~ NO. I (3W~803 I SHEET I OF 1 PROJECT: Lely Area Stormwater Improvements PARCEL NOS: 111-802 & 111-803 FOLIO NO.: 00442160003 & 00442240004 prepared by: . -11 Ellen T. £hadwe , Es~t~t~e Office of the Count~ Attorae~ 330[ East Tam~ae~ Tratl Naples, Florida 341[Z (94~) 774~ DRAINAGE EASEMENT THiS EASEMENT, made and entered into this ~ day of , 2002, by JERRY L. THOMAS, SR., AND AARON D. THOMAS, as joint tenants with right of survivorship, whose mailing address is 20621 NW 37th CT, Opa Locka, FL 33055-1161, as Grantor, and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 East Tamiami Trail, Naples, Florida 34112, its successors and assigns, as Grantee. (Wherever used herein the terms "Grantor" and "Grantee" include all the padies to this instrument and their respective heirs, legal representatives, successors and assigns.) WITNESSETH: Grantor, for and in consideration of TEN DOLLARS ($10.OO) and other valuable consideration paid by the Grantee, the receipt and sufficiency of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, a perpetual, non-exclusive easement, license, and privilege to enter upon and to install and maintain drainage facilities on the following described lands located in Collier County, Florida, to wit: See attached Exhibit "A" which is incorporated herein by reference. Subject to easements, restrictions, and reservations of record. THIS IS NOT HOMESTEAD PROPERTY. TO HAVE AND TO HOLD the same unto the Grantee together with the right to enter upon said land, place, excavate, and remove materials for the purpose of constructing, operating, and maintaining drainage facilities thereon. Grantor and Grantee are used for singular or plural, as the context requires. The easement granted herein shall constitute easements running with the land and shall burden the lands described above. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed t.._..~he date and~_N~r first above written. Witness ~_~ignaturo~ Name: I (Print or Type) Witness (Signature1 Name: (Print or Type) ,~erry L. Thomas, ~r. Address: 20621 NW 37th Ct. Opa Locka, FL 33055-1161 2 6 2002 Witness (Signa'ft~m) Name: i~.L~, tttkLg (Print or Type) Witnes,s (Signatuj'e) Name: Id. dzLC~'- (Print or Type) Address: 20621 NW 37th Ct. Opa Locka, FL 33055-1161 STATE OF COUNTY OF ~e f~egoing Drainage Easement was acknowledged before me lhis ~ ~ day of ~- ¢~ , 2002 by Jer~ L. Thomas, Sr., who is p~rsonally knowq to me or who has produced as identification. (Signatur~t~ Public) (affix notarial seal) ,,,:~':,,,, Richard ~orgentaler :',.~'~'["~% C, om~ ~*lon · ~ 813133 ~(~' )~[ [~r~ Mar. 9, 2~3 (Print Name of Notary Public) NOTARY PUBLIC Serial/Commission #: My Commission Expires: STATE OF ' I ¥--<~-~, {'Y- COUNTY OF ~\x¥%,.~,- Ot~',.k,-~ } ~--_ .,~.. TI3e foregoing Drainage Easement was acknowledged before me this /0 day of :}-[~,tl.,,~,~ ~ , 2002 by Aaron D. Thoma¢,, who is._p__.~Esonall¥ kn.__ow_..~n to m_____.e or who has produced as identification. *by Jerry L. Thomas, Sr., as Attorney-in-Fact. (Signature o-'f Notary~lic) (affix notarial seal) ........... Richard Morgentater (Print Name of Notary Public) NOTARY PUBLIC Serial/Commission #: My Commission Expires: ksststant Count.v kttorne~ Ellen T. Chadwell 2 zOO2 ~ ;='g.. F_XH!BIT 'w" PUBLIC WORKS ENGINEERING DEPARTMENT~~' / ,.;of ~- , 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION P.O.C. NW COR. SEC. 32, ~WVP. 50S, RGE. 2§E NOT A SURVEY PROdECT PARCEL FOLIO ImlJ S 89°38'10" E 150.00' PARCEl 'FIT-802 TAX PARCEL 25 N 8g°38'10" W 150.00' LEGAL DESCRIPTION THE NORTH §0 FEET OF THE FOLLOWING DESCRIBED PARCEL: COMMENCE AT THE NORTHWEST CORNER OF SECTION 32, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE S 89'31t'10" E ALONG THE NORTH LINE OF SAID SECTION 32 1950.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE S 89'38'10" E 150.00 FEET; THENCE S 02°48'30" W 300.00 FEET; THENCE N 89°38'10" W 150.00 FEET; THENCE N 02°48'30" E 300.00 FEET TO THE POINT OF BEGINNING. GENERAL NOTES 1) P.O.C. = POINT OF COMMENCEMENT 2) P.O.B. = POINT OF BEGINNLNG 3) SEC. = SECTION 4} 'r~'P. = 'TOWN.~HIP 5) RGE. = RANGE 0) PJW = RIGHT OF WAY ?) ALL DISTANCES ARE tN FEET AND DECIMALS THEREOF 8) NOT VALID UNLESS SIGNED AND SEALED WITH THE EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR NOT TO SCALE PR~ARED BY:, /! ..... COLLIER COUNTY PUBLIC WORKS 3301 E. TAMIAMI TRAIL NAPLES, FLORIDA 34112 DATE 3UNE 8, 2000 FiLE NO. GWY802 SHEET I OF 1 PUBLIC WORKS ENGINEERING DEPARTMEN~xHi, BiT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 341 ~ (941) 774-8192 SKETCH OF DESCRIPTION P.O.C. NW COR. SEC. 32, TWP. 50S, RGE.~ : NOT A SURVEY PR0~ECT PARCEL FOLIO S 8g'38'10" E 150.00' I PARCEL~I~-803 TAX PARCEL 27 U.I N 8g°38'10" W LEGAL DESCRIPTION THE NORTH 60 FEET OF THE FOLLOWING DESCRIBED PARCEL: COMMENCE AT THE NORTHWEST CORNER OF SECTION 32, TOWNSHIP 50 SOUTH, RANGE 2§ EAST, COLLIER COUNTY, FLORIDA; THENCE S 89'38'10' E ALONG THE NORTH LINE OF SAID SECTION 32 1800.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE S 89°38'1D" E 150.00 FEET; THENCE S 02°;~'30" W 300.00 FEET; THENCE N 89'38'10" W 150.00 FEET; THENCE N 02'48'30" E 300.00 FEET TO THE POINT OF BEGINNING. GENERAL NOTES 1) P,O.C. = POINT OF COMMENCEMENT 2) P.O.B. ~ POINT OF BEGINNING 3) 6EC. · SECTION 4) TWP. = TOWNSHIP , 5) RGE. = RANGE 8) PJW = R~GHT OF WAY 7) ALL DIBTANCE$ ARE IN FEET AND DECIMALS THEREOF 8) NOT VALID UNLESS SIGNED AND SEALED WITH THE EMBOSSED BEAL OF A PROFESSIONAL LAND SURVEYOR P~ED BY: COLLIER COUNTY PUBLIC WORKS 3301 E. TAMIAMI TRAIL NAPLES, FLORIDA 34112 DAT~ ,JUNE B, 2000 GWYS03 SHEET 1 OF 1 Collier, FL ,2001-2002 - 00445480007. Sheet: 2 ot 3 EXECUTIVE SUMMARY APPROVE A BUDGET AMENDMENT FOR WORK ORDER NUMBER V~MI-02-04 ~VITH WILSON MILLER, INC., IN THE AMOUNT OF $78,100.00, FOR THE PREPARATION OF DESIGN DOCUMENTS FOR IMPROVEMENTS OF 13T" STREET SW, FROM 16'm AVENUE SW TO GOLDEN GATE BOULEVARD, PROJECT NUMBER 69068. OBJECTIVE: To receive the Board of County Commissioners' approval of a Budget Amendment for Work Order Number WMI-02-04 for the preparation of design documents for improvements to 13th Street SW, from 16th Avenue SW to Golden Gate Boulevard, Project Number 69068. CONSIDERATIONS: WilsonMiller, Inc. had prepared the drainage plans and the storm water permit for the improvements to Golden Gate Boulevard, Project No. 63041. A portion of the storm water treatment is accomplished utilizing the ditches along 13th Street SW (north of the Golden Gate Main Canal). Construction of the new bridge over the Golden Gate Main Canal under the Design/Build Project Number 60012 requires that improvements be made to the roadway portion of 13th Street SC,' from 16t~'' Avenue SW to Golden Gate Boulevard. This Work Order will provide design plans to be used for construction of the needed improvements to 13~: Street SW. r-&?FISCAL IMPACT: A Budget Amendment is needed to transfer $78,100.00 Transportation Supported Gas Tax Reserve Fund. Source of funds are gas taxes. from the GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact resulting from this aclion. RECOMMENDATION: That the Board of County Commissioners approve the necessary Budget Amendment and authorize the Transportation Services Division Administrator to approve Work Order WMI-02-04 on behalf of the Board. Ewing McM~ael, Project Manag Transportation Engineering & Construction Management Department Dale A. Bathon, P.E., Principal Project Manager Transportation Engineering & Construction Management Department DaTe: APPROVED BY: APPROVED BY: Nor~rnln Feder, Administrator, TranSportation Services Division S("ephe~ Y. Carne¢' 11, Director, Purchasing and General Services Date: Attachment: Work Order #\~,' WORK ORDER # WMI-02-04 Contract for Engineering Services- Professional Fixed Term Dated: December 8. 1998 (Extended 1/31/2002) (Contract 98-2835-8B2) This Work Order is for Professional Engineering Services for work known as Proiect: 13th Street SW Improvements Reason: To perform professional engineering services for a design to improve the existing 13th Street S~V~ from 16thSV~' Avenue to Golden Gate Boulevard. The work is specified in the proposal dated February 18~ 2002. which is attached hereto and made a part of this Work Order. In accordance with the Terms and Conditions of the Agreement referenced above, V~'ork Order # WMI-02-04 is assigned to' WilsonMiller~ Inc. Scope of Work: The design will include the widening of the existing two-lane roadway: the addition of a minimum five-foot wide sidewalk: drainage improvements to include a retention pond for treatment of storm xxalcr for a portion of Golden Ga~e Boulevard: modification to the Standard General Environmental Resources Permit (ERP) from thc South Florida Water Managemen~ D~strict, U.S. Army Corps of Engineers Nationwide Permit. and Not~ce of Intent (NOII for the Environmental Protection Agency - National Pollutant Discharge Elimination System (EPA-NPDES). See the attached Professional Services Proposal for further details. Schedule of Work: Complete work within 180 Calendar Days from receipt of the Notice to Proceed date. Compensation: The County will compensate WilsonMiller, Inc. in accordance with the negotiated not-to-exceed sum amount of $'/8,100.00, as provided in the attached proposal. See attached fee schedule. Ewing Mc,~chael. Project Manager ./D~q'e ;~. Bathon. P.E.. Principal Project Manager Date Date APPROVED BT' Steven~/~L. Miller, P.E., Director. T.E.&~C. M. Department Nor/nan Feder, Adminis rator, Transportation Services Division / / APPROVED BT: Stephen Y. Carnell, Director, P hasin~ and eneral Services /'/ / ~ ACCEPTED BY'L. ~' ~ H. De~Vinkler. P.[.. Vice President WilsonMiller. Inc. Date / Date Date WilsdnMiller New D~rect~on$ In ~anning Design & Engineering PROFESSIONAL SERVICES PROPOSAL TO: FROM: DATE: SUBJECT: Mr. Ewing "Skip" McMichael Project Manager Collier County Transportation & Construction Management Department 2675 So. Horseshoe Drive Naples. FL 34104 Project Manager February 1 $, 2002 Professional Services Proposal for 13th Street S\V \Videning and Sidewalk Improvements 1. OVERVIEV~' '1.1. The Collier Coumv Board of County Commissioners (OWgqER) desires to widen thc existing pavemenl and construct sidevcalk improvements along lf" Street SW from Golden Gate Boulevard to 16*h Avenue SW. The proposed improvements will be compatible with tile proposed 13th Street SW budge crossing over the Golden Gate Main Canal. 1.2. The OWNER desires to have preliminary engineering, alternatives analysis, design, and permitting services performed for the proposed improvements. 1.3. WilsonMiller. Inc. (CONSULTANT) was selected by the OWNER to provide professional services in connection with an Agreement for Fixed Term Engineering Sen'ices, Bid e98-2835. 2. ASSUMPTIONS 2.1. The OWNER desires the following improvements: 2.1.1. Construction of a 5' (min. width) sidewalk along the east side of 13~h Street SW. 2.1.2. Widening of the existing two-lane roadway from approximately 18 feet to 22 feet in order to provide two 11-foot wide lanes. W. aples Fort Myers Sarasota ~radenton Tampa Tallaha. ss~., WilsonMiller 2.1.3. Widening of the existing pavement is desired along the east side of the roadway only in order to eliminate the need to reconstruct driveways and drainage features along both sides. Cross slope requirements are to be addressed with a milling/overbuild detail. 2.2. Topographic survey south of the Golden Gate Main Canal and will be made available to the CONSULTANT. North of the Golden Gate Main Canal, the CONSULTANT will utilize a combination of the Golden Gate Boulevard Outfall Design Plans and as-built information provided by the OWNER. Additional surx'ey, if needed, will be performed under a separate authorization. 2.3. The OWNER has identified available property for water management ponds and will provide the necessary boundary survey and topographic data for &sion 2.4. Coordination with adjacent property owners with respect to the donation or purchase of sidewalk easements ~'ill be the responsibility of the OWNER. 2.5. Tile project will require a modification to the Standard General Environmental Resource Permit (ERP} from the South Florida Water Management District (SFWMD). The project will also require coordination, documentation, and verification that the project is authorized under a U.S. Army Corps of Engineers Nationwide Permit. The project will also require a Notice of Intent for a NPDES (EPA) nationwide permit. No wetland delineation or mitigation will be required. 2.6. The CONSULTANT will provide a design that minimizes the impact to existing utilities. Additional undergound utility data. if required, will be obtained under a separate authorization. 3. SCOPE OF SERVICES 3.1. Preliminary Engineering & Alternatives Analysis Report 3.1.1. Determine appropriate minimum geometric roadway design criteria for lane widths, shoulder widths, side slopes, and horizontal clearance utilizing Collier Count3', FDOT, and AASHTO standards. 3.1.2. Coordinate with the SFWMD to determine appropriate water management design criteria for water quality and water quantity. Perform preliminary drainage calculations and preliminary water management modeling for each design alternative. 3.1.3. Establish appropriate evaluation criteria for comparison of the design alternatives. As a minimum, evaluation criteria will include safety, permittability, maintainability, utility impacts, right-of-way requirements, and construction costs. "" '~-"''' ;3 Wils nMiller 3.4. 3.1.4. Develop typical cross sections and provide narrative analysis for the following four (4) design alternatives. Provide an evaluation matrix that compares the design alternatives with respect to the evaluation criteria described above. Present recommendations based on the most practical and economical solution. 3.1.4.1. Alternative No. 1 - Acquire sidewalk and drainage easements along the east side of 13'~' Street SIlL This alternative involves relocating the existing open ditch and will require reconstruction of existing driveway connections and side drains. 3.1.4.2. Alternative No. 2 - Construct the desired improvements within thc existing right-q£-way while maintaining an open (swale) drainage system. Determine thc feasibility of this alternative with regard to meeting minimum drainage requirements. This alternative will also require reconstruction of existing driveway connections and side drains. 3.1.4.3. Alternative No. 3 - ('onstruct the desired improvements within the existing r~gl~t-ef-way utilizing a closed drainage system. This alternative will include piping the existing open ditch along the east side of the roadway and will not require reconstruction of the existing drive~'ays and side drains. 3.1.4.4. Alternative No. 4 - Implement a combination Q£ tile above alternatives based on thc availabilith' qf sidewalk easemems, construction costs, and thc depth and desirability of the existing ditches. Public hwotvement - Prepare presentation materials and facilitate two Public Involvement Workshops to solicit community input. Public meeting location and notification will be the responsibility of the OWNER. Contract Plans - Prepare and submi! Preliminary and Final Plans in the forn~at prescribed by the FDOT Plans Preparation Manual. The contract plans set shall include: Key Sheet, Summary of Pay Items, Typical Sections, Plan and Profile Sheets, Drainage Structure Sheets, Cross Sections, and Typical Details for Signing and Pavement Markings. Permitting - Coordinate design approach to meet requirements of the South Florida Water Management District (SFWMD). Prepare, submit, and follow up application for a modification to the Stm~dard General Environmental Resource Permit (ERP). Coordinate and provide documentation to the U.S. Army Corps of Engineers Io obtain verificalion thai the project is authorized under Nationwide P~nniI. WilsonMiller SCHEDULE Draft Preliminary Engineering & Alternatives Analysis Report Public Involvement Final Preliminary Engineering & Alternatives Analysis Report Preliminary Contract Plans Permitting Final Contract Plans I concurrent with permitting} 30 days 5 days 10 days 45 days 90 days 0 days Total days 180 days 5. FEES The fees for SCOPE OF SERVICES shall be as follows: I P.&RA J SERX'IC[ Lt'MPSUM 3.1 Prelim. Engineering and Alternatives Analysis S25,600.00 3.2 Public Involvemen! S4,000.00 3.3 Contract Plans $38,400.00 3.4 Permitting $9.600.00 Expenses $500.00 Total Lump Sum Fee $78,100.00 WORK ORDER # WMI-02-04 Contract for Engineering Services- Professional Fixed lerm Dated: December 8, 1998 (Extended 1/31/2002) (Contract 98-2835-8B2) This Work Order is for Professional Engineering Services for work known as Proiect: 13'~ Street SW Improvements Reason: To perform professional engineering services for a desil~n to improve the existing 13~h Street SVV~ from 16~hSV( Avenue to Golden Gate BouLevard. The work is specified in the proposal dated February 18~ 2002. which is attached hereto and made a part of this Work Order. In accordance with the Terms and Conditions of the Agreement referenced above. V(ork Order # WMI-02-04 is assigned to: ~'ilsonMiller~ Inc. Scope of %'ork: The design will include the widening of the existing two-lane roadway: the addition of a minimum five-foot wide sidex~alk: drainage improvements to Include a retention pond for treatment of storm water for a portion of Golden Gate Boulevard: modification to the Standard General Environmental Resources Permit (ERP) from the South Florida Water Management District. U.S. Army Corps of Engineers Nationwide Permit. and Notice of Intent (NOI) for the Environmental Protection Agency - National Pollutant Discharge Elimination System (EPA-NPDES). See the attached Professional Serv:ces Proposal for further details. Schedule of V(ork: Complete work Notice to Proceed date. within 180 Calendar Days from receipt of the Compensation: The County will compensate WilsonMiller, Inc. in accordance with the negotiated not-to-exceed sum amount of $78,100.00, as provided in the attached proposal. See attached fee schedule. PREPARED BY: z-2 Date AUTHORIZED BY' Dale A. Bathon. P.E.. Principal Project Manager Date APPROVED BY: Stexen L, Miller. P.E., Director, T.E.& C.M. Department Date APPROVED BY: Norman Feder, Administrator, Transportation Services Division Date APPROVED BY Stephen Y. Carnell, Director, Pxff~hasin~z and ~eneral Services 71t~ohn H. De\k inkier. P.E., Vice President WitsonMiller, lnc. Date Date EXECUTIVE SUMMARY APPROVAL OF RATE OF PAY ADJUSTMENTS FOR ALL BUS OPERATORS AND OFFICE STAFF OF THE COLLIER AREA TRANSIT (CAT) SYSTEM OBJECTIVE: The ability to offer to the employees of the Collier Area Transit (CAT) System wages comparable with other local organizations providing similar service (Collier County School District and other area transit agencies) to ensure continued efficient provision of service. CONSIDERATIONS: On November 28, 2000, the Collier County BCC entered into an agreement with McDonald Transit Associates, Inc. to provide Transit System Service and Support for Collier County. This agreement calks for payments to be made to the Contractor based on actual expenses and percent profit (cost plus fixed fee). Specifically, this includes a managerial fee plus the salaries of all staff except for the General Manager. In the recent past, CAT has suffered a rash of staff turnover of both bus operators and office staff. This turnover was caused, in part, by the higher wages available at the County School Board and other area transit agencies. McDonald Transit Associates has presented County staff with the attached proposal for rate of pay adjustments for all bus operators and office staff to ensure comparability with other local organizations providing similar service (school bus operations and other transit agencies). The contract would have to be supplemented to accommodate the recommended rate of pay adjustments for all drivers and office staff. FISCAL IMPACT: Amend the contract for an increase of $48,889 for the year. Funds are available from Fund 313 (Gas Tax), Transit Enhancement, Project Number 61010. GROWTH MANAGEMENT IMPACT: of the Growth Management Plan. Consistent with Objective 12 and specifically Policy 12.9 RECOMMENDATION: Board authorization for Staff to amend the current agreement between Collier County and McDonald and Associates, Inc. to include the proposed rate of pay adjustments and to Utilize Fund 313 (Gas Tax), Transit Enhancement, Project Number 61010 funds for the implementation of the proposed rate of pay adjustments. Z k,- D~ 0 0 LU D. X n" UJ X LIJ uJ n X go Z D: 0 0 0 ~>.. t.-- UJ 0 z ~ z Z t-,. uJ D: 0 Z 0 ~'- 0 Z 03 u.I n- ,.-. >,. >.- I-,- ~ Z z ~ 0 0 (.> uJ "' 0 Z Z n- 0 0 0 0 Z 0 z 0 Z Z 0 <~ 0 I, Li ~ uJ ~0 <0 ~. z <~ <~ 1.1.1 u.I ~Z 13:>' I--n I- 0 0 0 03 0 "' 0 Z 0 uJ (J Z 0 I,- Z I.IJ Z 0 Z >,. I- Z 0 0 0 ..-- 0 ~ 0 ~- ~- 0 Z o0 i- Z Z ~ ~ 0 0 0 "' 0 Z ~ EXECUTIVE SUMMARY APPROVE WORK ORDER NO. APC-FT-02-01 WITH APAC, INC. FOR TURN LANE IMPROVEMENTS IN THE AMOUNT OF $79,814.45 ON GOLDEN GATE PARKWAY AT 53r'~ STREET SW, PROJECT No. 60016 OBJECTIVE: To receive the Board of County Commissioners' approval of Work Order # APC-FT-02-01 for the turn lane improvements on Golden Gate Parkway at 5? Street S.W. CONSIDERATIONS: Turn lane improvements on Golden Gate Parkway consist of constructing a west bound left turn lane extension and a new east bound right turn lane at 53rd Street S.W. Fifty-third Street S.W. also includes a new north bound right turn lane and a sidewalk connecting Golden Gate Parkway to 29m Place S.W. Three proposals were received as follows: APAC-Florida~ Inc.. $79,814.45 Better Roads. Inc. $91,601.5O Bonness, Inc. $95,601.22 This Work Order utilizes the Annual Contract for Roadway Contracts, Contract #98-2905. Staff cost estimate for this project was $86,449.75. ~,,~,~7ISC.....~AL IMP.__._ACT.: Funds in the amount of $79,814.45 are budgeted in the Gas Tax Fund. ': ,, Source of funds ~re Gas Taxes. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATIONS: That the Board of Count>' Commissioners authorize the Transportation Operations Director to approve Work Order # APC-FT-02-01 on behalf of the Board. Edward J. nk P~ - ~ation ~eralions Director Nomn E. Feder, ~CP. Transpomlion Sm,ices Administrator Attachment: Work Order # APC-FT-02-01 - WORK ORDER # APC-FT-02-01 "Annual Contract for Roadway Contracts" · Contract #98-2905, Dated March 9, 1999 ~_~ - - 3' : This Work Order is for Roadway Con~ractor's Services, subject to the terms and condltions~ of:ti~eCCon~ract referenced above, for work known as: Golden Gate Parkway & 53~d Street S.W. Turn Lane Improvements The work is specified in the proposal dated February 1, 2002 attached hereto and made part of this Work Order. In accordance with Terms and Conditions of the Agreement referenced above, Work Order # APC-FT-02-01 is assigned to APAC-Florida, Inc. Scope of Work: As detailed in the attached proposal and the following: Task I - Construct a right turn lane on eastbound Golden Gate Parkway and a westbound left turn lane extension onto 53:~ Street S.W. in accordance with the drawings as prepared by the Transportation Operauons Department, Sheets 1-4 dated January 29, 2002. Schedule of Work: Complete work w/thin Forty Five (45) Calendar Days from receipt of the Notice to Proceed. Compensation: In accordance with the Ageement, the CounW will compensate the Firm in accordance with negotiated lump sum of $79,814.45 as provided in the attached proposal. Lump Sum $ 79,814.45 TOTAL FEE $ 79,814.45 Dar~iel~. Hall, PE, ~gineerf/~ Approved BY:Edward J. Kant, ~ r,a~s~)rtation Operations D/rector ortation Op~ Approved as to Form and Legal Sufficier~cy: Assistant County Attorney Any change made subsequent to final department approval will be considered an additional sen'ice and charged according to an executed Change Order as enumerated in Exhibit D of the A~eement. (C orp orat~ S..~)~etar y) Signature ACCEPTED BY: Date: February 15, 2002 APAC-Florida, Inc. Name of Firm By: Signature Wes Tanner, Vice Type Name and Title Robert W. Ketron, Jr. Asst. Sec. Type Name and Title 2002 COLLIER COUNTY GOVERNMENT TRANSPORTATION SERVICES DIVISION TRANSPORTATION OPERATIONS DEPARTMENT February 4, 2002 2705 S. HORSESHOE DRIVE NAPLES, FL 34104 (941) 774-8494 FAX (941) 659-5787 transportation~colliergov, net James H. Stem, Estimator APAC-Flonda, Inc. Ft. Myers Branch 14299 Alico Rd. Ft. Myers, Fl. 33913 RE' Request for Quotations Via Fax /- rd Golden Gate Parkway.>3 Street S'W Collier CounU.' Project No. 6c)016 Dear Mr. Stem: We have received three proposals from Apac, Better Roads and Bonness. The following is a summary of the Lump Sum quotes submitted: Al)AC 1579,814.45 Bonness $95,601.22 Better Roads $91,601.50 Your company had the lowest proposal for this project and we are in the process of preparing a work order for you. We appreciate your interest on this project and look forward to working with your company in future projects. Should you have any questions or require additional information, please call us at (941) 774-8494 or e-mail me at DanielHall(dcollier o_ov.net. Sincerely. Daniel G. Hall, P.E. Engineer cc: Project File Ed Kant AGF--,ND~TEI~, --j Nc,.~ MAF, 2 ,? 20 2 9~1267132.6 ~e'AC-Flo'rid~, Inc. AN. EQUAL. O~.P,O~TUNITY EMF'LOYEFI TEL: (941) $85-7178 FAX: (941) 351-4078 FT 02/O 1/2002 JHS7605 '*' Default User 13:30 GOLDEN GATE PKWY & 53RD BID TOTALS Bi~tcm Description Quantity Unit Price Bid Total 1 2 3 4 5 6 7 i1 12 13 14 15 16 17 18 19 21 22 MOBILIZATION MOT STAKED SILT FENCE (TYPE 1II) CLEARING & GRUBBING EXCAVATION ABC-3 (10") 1 1/2" S-Ill ASPH, (rNCLUDE 1" OVER.BUILD) VALVE BOX ADJUSTMENT TYPE F CLTR-B TYPE A CURB CONCKE/E VALLEY GU'FI'ER 4" CONCRETE SIDEWALK 6" CONCR,~TE SIDEWALK SODDING t2vlATCH EXISTING) SIGNS (SINGLE POST) RI~LOCATE RPM'S DIILEUTIONAL AR.ROWS THERMO REMOVAL OF EXIST. PAVE. M~RK THERMO TRAI: STRIPE SOTJFI T~O 6" WHITE TRAF STRIPE SOL 7/--]]ERMO 12" WHITE TRAF STR/PE SOL THEKMO 24" WHITE TRAF ST1LIPE SOL THERMO 6" YEL 1.000 1.000 900.000 1,000 520.000 1,10 $.000 188.000 3.000 366.000 107.000 227,000 204,000 2.000 363,000 2.000 74.000 I0.000 1.000 1,949.000 296.000 I20.000 906.000 LS 3, t00.00 3,100.00 LS 3,600.00 3,600.00 LF 1.05 945.00 LS 3,100.00 3,100.00 CY 13.40 6,968.00 SY 25.95 28,752.60 TN 58.65 11,026.20 EA 265.00 795.00 LF 17.00 6,222.00 LF 16.15 1,728.05 LF 13.85 3,143.95 SY 18.40 3,753.60 EA 1,060.00 2,120.00 SY 2.65 961.95 AS 47.25 94,50 EA 4.20 310.80 EA 52.50 525.00 LS 525.00 525.00 LF 0.50 974.50 LF 1.25 370.00 LF 2,50 300.00 LF 0.55 498.30 Bid Total .... > $79,814,45 M&ILIHG ADDRLaS$: P.O. BOX 2579~ SAI;g,~.~)TA, FLORIDA 34230 1451 MYRTLE s'rR.EE"I', S,,~RA...~TA. FLORIDA 34234 AGI~HD& 1 T F_..,M No, L/ 4AR 2 6 2002 WORK ORDER # APC-FT-02-01 "Annual Contract for Roadway Contracts" · Contract #98-2905, Dated March 9, 1999 c : . ' This Work Order is for Roadway Contractor's Services, subject to the terms and con&nons' o~r~k~Contract referenced above, for work known as: Golden Gate Parkway & 53rd Street S.W. Turn Lane Improvements The work is specified in the proposal dated February 1, 2002 attached hereto and made part of this Work Order. In accordance with Terms and Conditions of the Agreement referenced above, Work Order # APC-FT-02-01 is assigned to APAC-Florida, Inc. Scope of Work: As detailed in the attached proposal and the following: Task I - Construct a right mm lane on eastbound Golden Gate Parkway and a westbound left turn lane extension onto 53~ Street S.W. in accordance with the drawings as prepared by the Transportation Operations Department, Sheets 1-4 dated January 29, 2002. Schedule of Work: Complete work within Forty Five (45) Calendar Days from receipt of the Notice to Proceed Compensation: In accordance v~dth the Agreement, the County will compensate the Firm in accordance with negotiated lump sum of $79,814.45 as provided in the attached proposal. Lump Sum $ 79,814.45 TOTAL FEE $ 79~814.45 Any change made subsequent to final department approval will be considered an additional ser~4ce and charged according to an executed Change Order as enumerated in Exhibit D of the Agreement. Prepared By: D~-~. Hall, PE, ' e Approved By: ~~~ Edward J. Kant, ~ortation Operations Director Approved as to Form and Date Legal Sufficien, cy: Assistant County Attorney ATTEST: _,~') (Corporat~ S~tary): ~ Signature ~J Robert W. Ketron, Jr. Asst. Sec. Type Name and Title ACCEPTED BY: Date: February 15, 2002 APAC-Florida. Inc. Name of Firm Signature Wes Tanner, Vice President Type Name and Title ! EXECUTIVE SUMMARY APPROVE A BUDGET AMENDMENT FOR A MID YEAR BUDGET ADJUSTMENT TO THE TRANSPORTATION CAPITAL PROJECT BUDGET TO BRING IT IN LINE WITH THE FY 02 TRANSPORTATION 5 YEAR WORK PROGRAM AS PRESENTED DURING THE TRANSPORTATION SEGMENT OF THE 2001 AUIR. THE PROPOSED BUDGET CHANGES EQUAL ($41,595,221). OBJECTIVE: Obtain Board approval of a Budget Amendment for a mid year budget adjustment to the Transportation Capital Project Budget to bring it in line with the FY 02 Transportation 5 year work program as presented during the Transportation segment of the 2001 AUIR. CONSIDERATIONS: The FY 02 was prepared and adopted with the assumption that the V2 cent would pass. Since the V2 did not pass, Transportation reduced the FY 02 budget by removing the landscape Retrofit/Enhancements, Landscape Maintenance, Street Lighting, Drainage, Neighborhood, Traffic Management and Several Maintenance Improvement Projects. Reductions were made to the Base Operations & Maintenance Projects as well. The total reductions to projects was (S45.820,866) to bring the program in line with the revised Transportation 5 Year Work Program. Modifications were also required to existing projects to bring the project in line with the 5 Year Work Pro,am as attached. Several projects are being increased for a total of 5;4,225,645, with an overall adjustment to Transportation Gas Tax Fund being a decrease of ($41,595,221). The increases are outline below. Golden Gate Park~a'ay Overpass Design · County Barn Road ROW Goodlette Road RO\V · Major Reconstruction/Resurfacing · Santa Barbara Boulevard ROW · Turn lane Construction Total Project Increases 5;1,800,000 $ 385,104 5; 957,792 5; 271,000 $ 424,749 $ 387,000 $4,225,645 FISCAL IMPACT: Adjust the Transportation Gas Tax (fund 313) project expenditures and reduce revenues (Bond Proceeds) by $41,595,211. GRO~XrrH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners approve the necessary budget amendment to bring the FY 02 Transportation Capital budget in line with the FY 02 Transportation Work Plan. AG_ND k ~ EM,~ Executive Summars. Page 2 SUBMITTED BY: APPROVED BY: Shm'on Newman. Transportation Accounting Supervisor Norfnasfl~. Feder Transpbrtation Administrator Date: Date: AGENDA ITEI~ ~c _1_~, ~'~ MAR 2 fi 2002 Proposed Transportation 5 Year Work Program ~11; hown in Thousands) Name FY02 FY03 FY04 FY05 FY 06 SU__M__M. ARY OF PROJEC~ ~ Amount Amount Amount Amount Amount Amount 7,011 iAiq}~l~ Pulling RdNBR to PRR 7,011 Cll 7,848 G~ Gate Bivd/9$1 - Wilson 7,848 ~JC/I 4,823 Pi, Jge Road/Airport-Logan 4,823 C/I 47 Uvingston Road/GGPKWY-Radio 47 C/I Immokaiee Rd/CR951 - Wilson 17,765 C 17,765 Immok Rd/175-CR951 6,306 C/I 500 , D 5,806 11,307 Livingston Road/GGPtONY-PRR 11,307 R/Cli 28,917 Livingston Road/PRR-Immk 26,917 RJC/I 16,750 Immokaiee Rd/Wilson-~3rd 16,750 DIR/MIC ,Golden Gate PkwylAirport-SBB 6,377 DIR/i 9,632 C/I 16,009 Golden Gate Pkwy Overpass 1,800 D $,000 R 27,000 CII 33,800 11,732 Livingston Road N/Immk - Imperial 11,732 31R/tIC Vam:lerbilt Bch Rd/Alrport-CR951 2,870 DIR/I 18,700 CII 2t,570 Immokaiee Rd/US41475 3,800 DIR 17,450 R/CJI 21,250 CR951 Collier BlvdJImmk Rd-GG Blvd. 7,500 DIC 2,100 R 9,600 275 Radio Road -Airport-Livingston Rd 25 S 250 AM t,100 FJW Livingston Rd/Old 41-N/S LR 1,t00 R 13,663 Goodiette Frank Rd/VBR - PRR 13,663 R/Cll Logan Bouievard/PRR to VBR 250 S 400 D 4,000 R 4,650 ~ante Barbara BIVd/PRR - Davis Bh 5,095 DIR 700 R 27,890 Cll 33,685 Radio Road Intersection I 1,410 C 1,410 Radio Rd -LR-Santa Barbara 25 S 2~0 AM 300 DIM 2,000 C 2,575 600 D 10,000 R 10,600 Livingston Road Extension TBD i 1,900 D 1,900 iCRC51 Collier Blvd/Davls Blvd-GGPKWY 200 S 1,000 D 1,200 IGoodlette Frank Rd/PRR-GGPKVVYI County Barn Road/Davis - CR864 I 611 DIR 1,216 R/M 11,300 CII 13,126 Goodlette Frank Rd/Immk - VBR ~ 1,200 D $,000 R 6,200 Vendert)ilt Beech Rd/CR951-Wilson 300 S 3,000 D 3,300 Green Bird Ext LIv - CR961 400 S 3,500 D 3,900 Immokalee Rd Oil Well to SR29 1,800 S * 3,500 D * 5,300 Vanderbilt Drive Wigg - BBR 1,000 ~D 6,500 IR 7,500 RlttJesnske Polly to CR951 6,800 DIMICII 1,100 R 7,900 Davis - Radio to CR951 1,100 D * 7,100 R ' 8,200 10"~.~Contingency 15,269 5,110 9,450 2,355 6,680 38,864 T 142,7861 I 93'3221 I 8°,24°1 I 23,°55t I 37,18°1 I 376,583 ~ Operations & Maintenance Bridge Repaim/Improvements Major Intersection Improvements Intemection Saf~ylCapacity Impr. New Traffic Signals Shoulder S~fety Program Pathways/Side~alks Bike Lanes Neighborhood Traffic Mgmt Prog~ Drainage Program Mtt]gationJEnvironmental S~btotal Ba~e Operations & Mainte Impact Fee Credits Thin.hold Enhanced Operations & M~lintenence Major Roadway ResuffacingJRecc Landec~pa RetrofltiEnhincements Landlcape MMntMmnce Stre~ Lighting ~dWXal Enhanced O & M COIlectoT Rom~Aiinor &Ttm'MI Rc Advm~ced ROW TMal Funding Request Alt Funds Total Revenue + Cany Forward CaTTy Forward ~ing;Short Term Loan S = Study D = Design M = Mitigation C = Coast~ction 47 50 50 50 50 ,000 1,000 1,000 1,000 1,000 750 750 750 750 750 750 750 750 750 750 368 5O 5O 5O 50 2,965 2,650 2,650 2,650 2,650 2,000 I 2,000 j 2,000 I 2,000 I 2,000 971 1,000 1 ?BO0 1 ~000 1,000 971 1,000 1,000 1,000 1,000 247 5,000 3,760 3,750 24O 568 13,555 10,000 4,971 4,971 8,500 6,600 6,600 6,600 6,600 34,900 2,458 1,000 17000 1,000 1,000 6,458 159,670 106,572 93,490 50,430 446,467 86,833 24,730 25,120 25,936 188,141 72,837 B1,~12 68,370 24A64 258,326 36,305 25,522 10,783 AGENDA I~E~M No. . MAR 2 8 2002 11213 AM R = ROW AM = Access Manmgement * = Advanced Reimbursement 3/13/2002 EXECUTIVE SUMMARY AWARD WORK ORDER SC-02-45 TO SURETY CONSTRUCTION COMPANY FOR GENERAL CONTRACTING SERVICES RELATED TO NOISE ISSUES AT THE NORTH COUNTY REGIONAL WATER TREATMENT PLANT, PROJECT 70063, IN THE AMOUNT OF $61,000. OBJECTIVE: To construct an acoustical enclosure around the existing air conditioning units at the North County Regional Water Treatment Plant (NCRWTP) to reduce noise emanating from them. CONSIDERATIONS: In June 2000. Work Order HAA-FT-00-02 was assigned to engineering consultant, Hartman & Associates (HAA), who performed noise readings at the NCRWTP. The results revealed that the plant is largely in compliance with the current ordinance; however, the southwest and north property lines were found to be borderline or out of compliance. This work order will address bringing the southwest property line into compliance, bv constructing a noise abatement enclosure around the exisHng air conditioning units at the southwest comer of the plant building. A future executive summaD' will be brought to the Board to address the north property line noise improvements. Surety Construction Company. a general contractor on our fixed tem~ annual contracts, will enclose the existing air conditioning units with sound attenuation walls. Post construction noise readings will be performed by HAA. and will be compared to the baseline readings to detemfine the magnitude of noise reduction realized by this improvement. The proposed schedule completes the work within 90 days from receipt of approved shop drawings by the contractor. FISCAL IMPACT: Funds in the amount of S61,000 are specifically budgeted and are available for this work. The source of funds is User Fees. GROVe'TH MANAGEMENT IMPACT: This work will have no impact on growth management. RECOMMENDATIONS: That the Board of County Commissioners, as the Ex-Officio Governing Board of the Collier Coumv \Valet-Sewer District, award Work Order SC-02-45 to Surety Construction Company, for noise abatement improvements at the NCRV~rI'P, project 70063, in the amount of $61,000. AG[NDA MAR 2 6 2002 Executive SummaD' Approve Work Order with Surety Construction Company Page 2 SUBMITTED BY' Peter Schalt, PMP, Project Manager Public Utilities Engineering Department REVIEWED BY: REVIEWED BY: P~oy B'. Anderson, P.E., Director Public Utilities Engineering Department Paul E. Mattausch, Director Water Depamnent Date: Date: 's,/, 2 /cc APPROVED BY: ~ t ,. ,/_. Date: Thomas G. Wides. Interim Administrator Public Utilities Division Attachments: Cop.',' of Work Order SC-02-45 WORK ORDER # SC-02-45 "General Contractor's Services" Contract #99-3025, dated February 22, 2000 This Work Order is for general contracting services, subjecI to tile terms and conditions of the Contract referenced above, for Work known as: Project: NCR~VTP HVAC Noise Abatement Enclosure The work is specified in the proposal from Surety Construction Company, dated February 28, 2002 and the M&E agreement letter of February 8, 2002, signed by Surety, which are attached hereto and made a part of this Work Order. In accordance with Terms and Conditions of the Agreement referenced above, Work Order # SC~02- 45 is assigned to Surety Construction Company. (Firm Name) Scope of Work: Task I: Complete the NCRWTP HVAC Noise Abatement Enclosure work completely per .plans and specifications as designed by engineering firm, Metcalf & Eddy, Inc., and Surety's proposal of February 28, 2002. Schedule of Work: Complete wilhin 9~0 days. Liquidated Damages: $500/dav for not achieving Substantial Completion and $100/dav for not acbieviug Fiual Completiun. ./ Compensation: In accordance with Item No. 3 of the Agreement, the County will compensate the Firm m accordance v,'ith the negotiated lump sum amount provided in the schedule beloxx. Task I $61,000.00 TO'I'AL FEE $61,000.00 Any change made subsequent ~o final department approval will be considered an additional service and charged according to an executed Change Order, as enumeraled in Exhibit D of the Agreemen',. PREPARED B'f: Peler Schalt. PMP. PUED Projecl Manager EWEWED BY: ....... P; Paul Mattauscta, Waler DirecIor Date Date ATTEST: Dwight E. Brock, Clerk By: Date: Deputy Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: James N. Cotetta, Chairman (or) Witnesses (2) (1) Slgnalure (Print Name) Approved as to Formtand Legal Sufficiency: Assislant County Xltorney (2) Signature ,o. i SURETY CONSTRUCTION COMPANY February, 2g 2002 METCALF & EDDY, INC. TWO SUN COURT SUITE 200 NORCROSS, GEORGIA 30092 ATTN: DAN HUGGINS REF: NCRWTP NOISE ENCLOSURE DAN, THIS LETTER SHALL SERVE AS OUR PROPOSAL FOR THE FOLLOWING SCOPE OF WORK PER YOUR DRAWINGS. THIS FIRST PRICE IS FOR THE "HVAC ENCLOSURE" THE FOLLOWING IS INCLUDED. CONCRETE STUCCO PAINTING DUMPSTER FEES INSTALL PANELS CLEAN UP SUPERVISION CORE DRILLING REMOVE STUCCO CAP CRANE RENTAL $23,500 MATERIAL QUOTE FROM lAC FREIGHT TEMPORARY TOILET PROVISIONS INCLUDED OUR PRICE FOR THIS WORK IS $61,000.00 PERMIT FEES OR DRAWINGS ARE NOT INCLUDED IN THE ABOVE COSTS. PLEASE FEEL FREE TO CALL ME IF YOU HAVE ANY QUESTIONS. SINCERELY, 'JEFFREY MADDOX 284~1 South Tamiami Trail Sure 109 Bonaa SI3rmgs, Florida 3,al 34 Telephone (941) 992-6030 FAX (~,1 } 992-7977 CGC ~m2.sET¢ CGC #031578 CGC #031632 AG£NO~' IT[~ ,,,o. 1/? e_. i ~AR 2 6 20az PC,. ~ Metca]f & Eddy February S, 2002 Mr. Jeff Maddox Surety Construction Company 284~1 South Tamiami Trail Suite Uonita Springs, Florida 34134 Subject: North County R~gional Water Treatment Facility (NCRWTP) HVAC Noise Contro~ Dear Mr. Maddox: Collier County has accepted your proposal of $61,000 (pending Board of Colllcr County Commiss[oncrs approval potentially March 12. 2002) to perform the ~nstallation of the noise control panels over the I'IVAC enclosure at the NCRWTP, The project includes work as cove~d by the attached drawings and specifications. The work should be complete within 28 days after receipt of malerials, or 90 days after approved shop drawings, which ever is sooner. Liquidated damages will be $500 per day after the established date for substantial completion, and $100 per day after the established date for final completion. Substantial completion -~hall be consid:red approval of installation by tl~e County. Collier County wilt prepare a work order in th~ comint~ rlayg ['ur autho[izatiozl. Please acknowle~tgc agr~rr~nt [o these terms in thc. space below. Your company's authorized signature acknowledges that the above terms and conditions becon-~ part and parcel of your proposal dated January 3, 2002, and r~visod Jaauary g, 200:2. Please sign b~low, keep a copy for your ~ecords, and r~urn th~ original t~ m: as soon as ~-,n,~cible. P~se fax rae a copy so that wa can expedite zhc Board approval promptly. Tide P~e~sc ctmtact me or Dan bluggins if you have any questions. Sincerely. I~CALF & F..DDY, TNC. Nicholas Proj~:t Ma~g.r k~_ t,-~lt' & Eddy, Inc. 3740 ~,.z~cuti va Way Miramar, Florida 3302.6 9.64-450-7770 954-450-51 O0 NAR 2 6 2002 EXECUTIVE SUMMARY APPROVAL AND EXECUTION OF SATISFACTIONS OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEES. FISCAL IMPACT IS $18.00 TO RECORD THE LIENS. OBJECTIVE: Approval and execution of satisfactions of notice of promise to pay and agreement to extend payment of water and/or sewer system impact fees. CONSIDERATIONS: The Governing Body of Collier County and as Ex-Officio the Governing Board of the Collier County Water/Sewer District of Collier County, Florida, is the owner and holder of the Notice of Promise to Pay and Agreement to Extend Payment of Water and/or Sewer System Impact Fees (Agreement) executed by: SEE ATTACHED EXHIBIT "A" Full payment and satisfactions of these agreements have been made. The County Attorney's Office has reviewed and approved the satisfactions. FISCAL IMPACT: Payment in full of these Agreements increases the cash flow in Collier County's sewer impact fee fund by $3,473.42 and the water impact fee fund by $1,275.00. The fiscal impact for recording the Satisfaction of Liens is approximately $18.00, which is to be charged to (Fund 408) Utility Billing Customer Service. GROWTH MANAGEMENT IMPACT: Them is no Growth Management impact associated with this item. RECOMMENDATION: Recommendation to acknowledge full payment and the satisfactions of these agreements and to surrender the same as canceled, and to direct the Clerk of Circuit Court of Collier County to cancel the same of record. Authorize the Chairman to execute the Satisfaction of Notice of Promise to Pay and Agreement. Prepared by: Pam Callis, Revenue Supervisor Utility Billing and Customer Service Reviewed by: TereSa A. Riesen, Revenue Manager Utility Billing and Customer Service JohnA':,.,~o~l~sky, DirectOr Utility Bilting and CUstomer Service Approved by: Tom Wides, Interim Administrator Public Utilities Division Date ._ Date Date: Date:~~.__ 2 MAR 2 6 2002 PG. EXHIBIT "A" Karla St. John. a married person, securing the principal balance of one thousand two hundred seventy five dollars and no cents ($1. 275.00) plus accrued interest. Folio #62761480004 Lloyd L. Bowein. securing the principal balance of one thousand two hundred ten dollars and five cents ($1,210.05) plus accrued interest. Folio #29430160009 Joseph Borgia and Dawn Borgia. husband and wife, securing the principal balance of two thousand two hundred sixty three dollars and thinx, seven cents ($2.263.37) plus accrued interest. Folio #22624640002 EXECUTIVE SUMMARY APPROVE CHANGE ORDER I TO GULF STATES. INC. FOR THE VINEYARDS REUSE WATER AUTOMATION PROJECT, CONTRACT 01-3211, IN THE AMOUNT OF $71,210. OBJECTIVE: To improve efficiency by providing capability for remote monitoring and control of reclaimed water facilities at four additional sites. CONSIDERATIONS: On May 8, 2001 (Agenda Item 16-C-10), the Board approved a contract with Gulf States, Inc. for construction of the Vineyards Reuse Water Automation project. Gulf States, Inc. is also the electrical subcontractor for projects at the other three sites to be added to the reuse telemetry system. These sites are the Pelican Bay Wellfield. the Pelican Bay Booster Pump Station, and the Supplemental Reuse Wellfield. Proposals for the work to add four sites to the telemetry system were requested from Gulf States, Inc. and from the two electrical contractors selected for the County's new fixed term electrical services contract. The proposal from Gulf States, Inc. was the loxvest of the three. Cost reductions were then negotiated with Gulf States. Inc. and the design consultant recommended acceptance of the proposal totaling $71 ~210. FISCAL IMPACT: Funds for this Change Order in the amount of $71,210 are available in Wastewater Capital Fund 414 from project 74033 - Reclaimed Water Telemetry. Source of funds is User Fees. GROWTH MANAGEMEN~I' IMPACT: The project is not growth related. RECOMMENDATIONS: That the Board of County Commissioners, as Ex-officio the Governing Board of the Collier County Water-Sewer District, approve and authorize the Public Utilities Engineering Director to execute, Change Order 1 to Gulf States, Inc. in the amount of $71,210 for Contract 01-3211. Ronald F. Dillard, P.E., Senior Project Manager Public Utilities Engmcc~ng Dcpa~ment REVIE~D BY: ~ ~ DATE: Roy B. Anderson, P.E., Director Public Utilities Enginee~ng Department ~ViE~D By: ~ ~ ~ DATE: J~cp~. Chcath~m, Wastcwatcr Director Thomas G. Wides, ~tc~m Public Utilities Admimstrmor MAR 2 6 200 PC;., ~ -CHANGE ORDER TO: Gulf States, Inc. 4585 Progress Avenue Naples, Florida 34104 PROM: Collier Count5' Govemmem 3301 East Tamiami Traik~ Bldg. H Naples, Florida 34112 Project Name: Vineyards Reuse Water Automation Construction A~eement Dated: May 5, 2001 Change Order No.' 1 Bid No.' 01-3211 Date:.F-ebmary 2 7, 2002 Change Order Description: Add telemetry to four reclaimed water system sites and modify, m~ter telemetry tower as shown on new plan sheets El0 through El3 of the Vineyards Reuse Water Automation plans prepared by Tilden, Lobnitz, Cooper. Original agreement amount ............................................................ $169,150.00 Sum of previous change orders amount .......................................... $ 0.00 This Change Order Amount ............................................................ $ 71,210.00 Revised Agreement Arnounl ............................................................ $240,360.00 Original contract time in calendar days ........................................... 255 Adjusted number of calendar days due toprevious change orders ...... 0 This change order adjusted time is ................................................. 180 Revised Con,'act Time in calendar dca's .......................................... 435 Ori~nal Notice to Proceed date ......................................................... 7-1-01 Completion date based on original contract time ........................ 3-12-02 Revised completion date ............................................................ 9-08-02 Your acceptance of this change order shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions as contained in our Agjeement indicated above, as fully as if the same were repeated in Ihis acceptance. The adjustment, if any, to tNs Agreement shall constitute a full and final settlement of any and all claims of the Contractor arising out of, or related to, the change se~ forth herein, including claims for impact and delay costs. Ronald F. Dillard, P.E., Senior Project Manager Public ~lit. iff~f~neering Department Accepted by: ~'('a~tin .]fRogers,.~oe President Gulf S~ates, Inc. Approved by: Roy B. Anderson, P.E., Director Public__Utilities Enfant Aulhorized by: Jo~am, Wastewater Director (For Use by Cbt-net: Fund: 414 Cost Center: 263611 -3- 6- o2 Object Code: 763100 Project No.: 74033) AG£nOt. IT£1,~ ~.~ i ENGINEERING February 5, 2002 Ron Dillard, P.E. Collier County Public Works Division County Government Center 3301 E. Tamiami Trail Building D Naples, FL 34112 Re: Vineyards Reuse Automation Telemetry TLC Project No. TFL-FM-01059 Dear Ron, Enclosed are the quotes from three (3) Eiectrical Contractors for supplying and installing the poles and miscellaneous work. Oniy Gu!f States, Inc.'s total price includes Rocha Controls equipment pricing. Shamrock Electric Total $ 34,929.00 Paragon Electric Total 28,847.72 Gulf States, Inc. Total 26,436.00 Gulf States, Inc. Total 26,096.00 Gulf States, Inc. Total 24,836.00 Proiect Total Gulf States, Inc./Rocha Contro:s Original Total Gulf States. Inc./Rocha Controls RevisedTotal Gulf States, Inc. V.E./Rocha Controls Total 75,680.00 71,2¢0.00 69.950.00 We do not recommend Gulf States. Inc.'s V.E. price. We feel the small saving is not equal to the level of protection lost. We recommend acceptance of Gulf States, Inc.'s total price of $71,2~10.00 for this project. If I can be of any further assistance please feel free to call me. Sincerely, Paul E. Keller, CBO Associate, Field Representative PEL/kg Cc: Don Williams, P.E. Director of Electrical Engineerin9 AGENDA ~T£~ ~ MAR 2 6 200,2'.' .G. ,~ Gulf States, inc. ('¢4~) 263-71~ (941) 263-732S Mr. Paul Keller Tilden Lobnit. z Cooper 1400 Colonial Blvd. Ste 203 Ft. Myers, FI. 33907 4585 Progres.~ Ave. Napl~. ~ 3410~ State C~-mfied EC~3 El~m~l Cmm~tm January 8, 2002 VIA FAC$IMXLE (941) 275-3511 VINEYARDS REUSE WATER AUTOMATIO]~ ~ :. EC IVED Paul, JAf~ 0 $ 2D~2 Per your request I have revised my quotation a_~ follows: TILDEN aO~t PRO, tEC'~ ~ The instrumeaztafion contractor h~s revised his quotation and provided doeumentatima of h-i-~' ~. - -' Origins/bid mount Revised amoum Reduced Cost Sales Tax Contractor M~' Total Reduction 49,244.00 45,700.00 (3,544.00) (212.64) (373.36) (4,130.00) There is some add~onal savings achieved by Smndard/z~ the height of the Fiberglass Poles so they are alt the height of the mllegt z~quired for the projem. 'I'ne breakdown of the savings i~ as foBows. Delete 25' Pole Delete 30' Pole Add (2) 35' Poles Delete (2) W~md Calcs Reduced Cost Sales T~ Contractor M/U Total It, eduction (485.00) (620.00) 1,412.00 (600.00) (293.00) (]7.5~) (29.42) (340.00) Rt~p Original F. ztim~e Insumnmmon Kexta~on Pole Saving~ Revised Estimate 75,6S0.00 (4,130.00) advise how you wish me to proceed. Re~ly sabmitm& ¢';.-'~ : ~_~_-" E"-.--=E,,- c-.D'<= r,.Z. : E-~2 2S7. TSE_.: 37, e:__ s2?c :.L:Z..-,-" =¢_ 4 ~OCHA 2002 Quotation - Price $45,700. 3'e: Gulf .States E'.,¢¢mcnl Contractors &et CoLlier Cou. n5' Viney~r¢~ Reuse Water A~r~mazion $¢mlon ] ~591 o - Teleme~, System fLocl'm. Con:rots (R.C) is pleased :o q~'~e ail equipment and ~e~4ces for ~h~ rCereneed pr~eet ~ivisions. Equip,, ID Pelican Bay ~m: Statie~ Pellca= Bey Well Field We~ ~3, Susplemmt~.] Well Yield ~3, Vi~eym~s Reu se Master RTU. Co~ls. C. .Pmvi~ spm'~ r~ii:, az~en=~, sari;: suppr:s$ors, power supply and RF caN:. D. SCADA lVD,~ler M'MrI [Ig'EWR.'F) Programming. Thk inclufle.~ graphics, trading, dz~aba;e ~d el~rm ~velo?'cm',ea: Hardware Co~t B:,e~cl~,r. UNIT ITE~, GOST ~ULT, 'I'O~AL $7?0 TOTAL SI~CTIOK AGENDA I T f..l~ .o MAR 2 G 200? PG. Supply o: ~stallafion of ¢~ncr~t¢ and ilb~r~lais pales including end ¢~I~$, air t~minals, ~ounding, miscellaneous h~.rdware, etc. $~cer¢ly, Keyluond R.o r, ha Presidcm AG£N~* .o. /~,¢ MAR 2 G 2002 PG. 7 ; 2Li_:' _--T¢--_=£ ~;ONE NO. : %:2 2~,: GUlf States, Inc. Phone"' ' (941) Fax (941) 263-7325 Mr, Paul Keller Tilden Lobnitz Cooper VIA FACSIME'.F. 1400 Colonial Blvd. Ste 203 Ft. Myers; Fl. 33907 ' VINEYARDS REUSE WATER AUTOMATION 4585 Progress A~:. Naples, FL. 34104 State Certified 5C3~3 Industrial Electrical Conwactor December 20, 2C~ 1 (941) 275-3511 Dear Paul, Per your request, l have prepared a proposal to furnish and install a telemetry system as specified in Section 16910 and detailed on sheets E-10, E-I 1, E-12 and E-13 as follows. Qualifications: 1. Additional time: The work included will require 150 days to reach substantial completion and I will need a~ additional 30 days ro reach final completion. As you are aware the control systems for Pelican Bay Wellfield and Pelican Bay Booster station are not in place at this time. i feel a provision must be included to extend the eonu'ar, t time in this ¢ontraa based on the completion of the portions of other contraeti that effect the work proposed under this contract. The provision must ~clude 30 days after completion of the work to be performed by others at these sites for us to perform the installation, starmp mad checkout with an additional 30 d~ys to final completion for th.is contras, Retaina~e: I would like to have a provisio~ included ta reduce retai~age on the ori~mnal contract amomat to no more than 2.5% upon completion and acceptance of the orighaal scope of work and hold 10% of the value of the completed portion of the change order mount until final acceptance. 3. No provisions are included for any work ar the Pelican Bay Pump Station. (Note 6 on E- l 0) Presumhag thru the above q~lifica~ions are ~ceptable, zh~ cost fortkfis added w~kis ~s follows: TOTAL ADDED COST $?S,680.00 :For yom' use I hav~ attached a ropy of my it~ni~,ed estimate for Ibis added work. Please advise how :you wish =ac to proceed. Respectfully mabmitted, I' AG[NDA IT£~ ,-~ NO. //.. MAR 2 6 ~RINT ~ID J~ Id 175 S!5 AT00 601 Vineyard= TSP-EST 11/01 De~cr&~=ion M~TEl~IA35 TOTA3L: 2 SUBTOTAL 9 10 11 12 13 14 16 17 19 20 21 22 23 24 25 26 27 29 31 32 34 Reuse Automa=ion 1498 QUOTATIONS SUBTOTAL ~ATE~IAL SALES TAX % 1502 M~T'L QUOTES TAX % 1507 SUBTOTAL *DIRECT LABOR: >~NT. ~S 1499 ~O~N ~TE 1514 ~NT. ~TE 1516 ~O~R ~TE 151~ SUBTOTAL *NON-i~I~OD. TRAVEL TTw~ 9999 O~RT~ 9990 149~ 1499 ~TI~TOTAL 1,105.44 49,244.00 9,045.67 50,349.44 13B.l~ 138.18 138-18 138.18 62.18 62.18 13.82 0.00 20.73 t 0.00 O.00 9,045.6~ % ThU DeC 20 15:32:30 2001 1.00 9,04~.6T 9,045.6T 1.00 1,105.44 1.00 49,244.00 50,349.44 6.00 542. 74 6 . O0 3 , 020 . 97 3,563.71 45 . 00 62 . lB 45.00 62.1~ 10.00 13.82 31.00 1,927.5~ 29.50 1,~34.31 18.00 248.76 10.00 4,010.65 < < < 15.00 20.73 < 4! .00 ~49.93 1.0D 90.46 1.00 138.18 228.64 AG£~A ITEM 15 AT00 601 TSP-EST 11/01 39 M~TF~IA/L 1502 40 NA~OR ~UOTATIONS 1507 41 S~S T~ $ 1511 42 DI~CT ~OR 1522 ~,010.65 43 NON-PRODUCT~ ~OR 1529 849.93 44 Di~CT ~B ~ENSES 1534 228.6~ 47 >PRO~IT 1~45 74,852.84 % 49 >BOND 154G 74,~2.84 % 50 ADD ~OND 1549 eZ3.3S ~ BID TOTAL Dec ~0 15:32:~0 2001 : 2 Amoun= 10.00 904.5T 10.00 ~,024.94 10.00 356.37 10.00 401.07 10.00 94.99 %0.00 ~2.B6 T4,552.B4 < /,. O0 '74,~52. e4 1.10 823.3~ < I .00 TS, 6'26.22 AG~)A ITE~ --.~ MAR 2 G 2002 PC._ /0,,, ,lob: 1-'75 sub-tot, a! 3426 403; M~te~al Oua=tity ~Dit U~it 50~9 2' 5621 2" Oast ~ Test Well 4. O0 145.00 ~ & $~T. L~0LF. 4.00 450.00 ~S ~ 2.00 ~5.00 25' Fozgls ~e 1,0e 485.00 ~' ~ls ~ole 1.00 620.00 35~ ~:gle Eole 1.00 616.00 ~:g ~ole ~ ~o~ 1.00 9O0.0O 46' ~:e ~ole 1.00 750.00 4~~ S~ S~ ~ ~e ~.00 18" $t~ ~: ~ 1.00 4/~ Light Pxot ~le 50,00 ~ ~a~ ~ l. O0 2100.00 gag/ ~t~e 4.0~ ~n ~i ~ ~u~ 4.00 ~ze ~ Cl~ 4,00 ~ ~ie ~50.0: / ~ S~ ~: ~0.00 ~T 0.430 S ab- tor..aJ. ~b-ta~al I~T.C:O:~II~G 20,00 EAL~ 0.397 P~I: BOX ADI:VL/~ 4.00 ~ 0,5108 ~ ~ ~ ~ 3.00 ~ 6,5835 X ~ ~ 1.00 ~ 1,1323 ~'~ 4.00 ~ 0.3039 ~TiC ~S~GS 4.00 ~ 0.32e~ C:D~Fr_.~ ~ ~OD 9.00 ~ 1.5500 ~~ ~ 4.00 ~ 5.5~5 ~ (90) 1.00 ~g ~.00 ~ 4.00 ~ ~ r~m.~ 3.00 tS~-EJT 11/01 Ned Dec. 19 16:26:4E 2001 Mata:~al Labo: Labor Total U~it To~al 580.00 1.500 6.00 1,800.00 2.000 gS0.00 1.500 3,00 485.00 4,000 4.00 620.00 4,000 4,00 616.00 4.000 4.00 900.00 ~0 4.000 4.0¢ 25.00 0.333 1.33 1.000 4.00 1.000 1.00 2.25~ 0,02~ 4.40 0.020 2,100.00 6.000 6.00 2,500 10.00 0.350 1.40 45.4~ 1.000 4,00 O. 020 7. O0 1(~,000 16.00 400.00 2.000 E~.0D B ,51.. 4,, 99. !7.20 0.010 2.80 20.01 O.OB: 0.80 37.21 3.60 60.30 0.200 2.00 60.30 2.00 7.94 0.100 2.00 2,04 0.150 0.60 19.75 0,550 1.65 7,13 0.150 0.15 !.21 0.0~0 0.24 1.31 0.250 1.00 3~.30 60.40 22,06 105.00 5,64 1.000 8.00 0.050 0.20 1.000 1.000 15.20 AGENDA [ T El,4 N0. 1~ ~_ ~ MAR 2 G 2002 PG. /I S~to~ 2~0~3 30083 12W · 2iD 2~-I'UL~) DUG -~25 A?00 601 T$~-E~? 11/01 'Wed Dec 19 16:28:d8 200! d. O0 8.00 50.0~ ~ 0,46642 50.00 ~ 1.00900 13.70 0.0¢5 0.18 32.00 0.035 0.28 23.32 0.013 0.65 50.45 0.025 0.35 73.77 1.AO 30.41 30.41 9,045.63 1.00 ~ 3o.~1 0.250 0.75 0.150 0.75 1.50 0.200 B.O0 B.O0 l. O00 1.00 1.oo A~ N~2A ITEm NO. //o d~ . ~ MAR G 2002 PG. /..~..~ EXECUTIVE SUMMARY APPROVE WORK ORDER GH.FT-02-3 WITH GREELEY AND HANSEN LLC, FOR THE SOUTH COUNTY REGIONAL WATER TREATMENT PLANT REVERSE OSMOSIS WELLFIELD EXPANSION TO 20-MGD, PROJECT 70892, IN THE AMOUNT OF $391,365. OBJECTIVE: To expand the existing 8-million gallons per day (MGD) South County Regional Water Treatment Plant (SCRWTP) reverse osmosis wellfield to provide an additional firm yield of 12-MGD of finished water with a total finished water treatment capacity of 20-MGD. CONSIDERATIONS: The County is currently in the process of constructing an 8-MGD Reverse Osmosis Expansion at the South County Regional Water Treatment Plant (SCRWTPt. The current wellfield under construction is capable of supplying raw water required for an 8-MGD finished water reverse osmosis plant. The plant being constructed is expandable in the future to 20-MGD total finished water capacitx. Additional wellfield sites for producing an additional finished water yield of 12-MGD have to be identified, tested & explored. analyzed, designed, permitted, and easements/property acquired where necessary. Staff has negotiated a scope of work and fees under our Annual Fixed Term Utilities Engineering Services Contract 00-3119 with Greeley and Hansen LLC. Proposed fees for the \Vork Order GH-FT-02-3 attached are summarized as follows: Task 1-Preliminary Design/Exploratory Drilling $262,090 Task2-Transmission Design/Easement Acquisition $ 58,280 Task 3-Final Design $ 8,902 Task4-Permitting $ 17,593 Task 5-Construction Cost estimates $ 500 Task 6-Additional Services Allowance $ 44.000 TOTAL (Proposed) $391,365 FISCAL IMPACT: Funds in the amount of $391,365.00 are available in County Water Capital Projects. Source of funds are Water Impact Fees. NO. le'~ d_.. '"l _ MAR 2 6 2002 PC,. Executive Summary Approve WO#GH-FT-02-3 for SCRWTP Reverse Osmosis Wellfield Expansion to 20-MGD Pao. qe '~ GROWTH MANAGEMENT IMPACT: This project is needed to meet future water demands as recommended in the 2001 Water Master Plan Update adopted by the Board on December 11, 2001 as Agenda Item 8(b). RECOMMENDATIONS: Staff recommends that the Board of County Commissioners, as the Ex-Officio governing board of the Collier County Water- Sewer District, approve Work Order #GH-FT-02-3, and authorize the Public Utilities Administrator to execute this work order with Greelev and Hansen LLC for the SCRWTP Reverse Osmosis Wellfield Expansion to 20-MGD. PREPARED BY: Mohan V. Thampi. P.E., Senior Project Manager Public Utilities Engineering Department REVIEWED BY: APPROVED BY: DATE: Roy B. Anderson. P.E.. Director Public Utilities Engineering Department Thomas G. Wides, Interim Administrator Public Utilities Division WORK ORDER # GII-FT-02-3 Agreement for Fixed Term Utilities Engineering Services Contracl #00.3119 Dated April 10, 2(}01 This \Vo~k Orde~ is l~,! professional engineering services for work known as: Project: SCRWTP Rexerse Osmosis Wellfied Expansion to 20-MGD The work is specified ~n ~he proposal dated March 7. 2002, which is attached hereto and made a part of this \Vork Order In accordance with tile Terms and Condilions of the Agreemenl referenced above, \~ork Order #GH-W[-02-3 ~ assigned to Greeley and Hansen LLC. Scope of Work: Task I - Preliminar) Design Task 2- Preliminary Engineering for Transmission Mains/High Service Pumps and Easement Acquisition Task 3 - Final Task 4 - Permitting Task 5 - Construction Cost Estimates Task 6- Additional Ser',ices Allowance Tasks shall be conducted as indicated in the attached Greeley and Hansen LLC proposal with detailed description of the subtasks in Exhibit A. Schedule of Work: C,~mplete 7ask 1 throtJgh 5 ~ithin ?0 weeks from the Notice to Proceed authorizing start of work. Compensation In act_,,rdancc with Article Five of tile Agreement, the Count)' ,,,,'ill compensate the Firm ~n accordance with the nc?._,',tiatcd t~nlt, ancl mater(a} sum amount indicated in the schedule belov,, (if a task ~s time and material, st, indicalc and use the established hourly rate(s) as enumerated in Schedule "A" of thc A gl'ee me n'~ ~. la~t I $262,090 (lump sum) 'la.l 2 $ 58,28(~ (lump sun;} -l'it~ . $ 17,5t~ (lump sum) 'ia., 7 S 5(i0 Ilump sum} 'l ::~; ~ S 44.~10(; (lime & material'~ TO'IAI I I L $ 391,365 An) change '~titllln l;~c ntt~,:x authorit) of this \Vork Order made subsequenl to final deparlment approval will be considered an a,~d~t~onal service and charged according to Schedule "A" of the Agreement. Moh~:n V. ~lhampi, P.E.,"Senlor Project Manager Public Utilities Engineering Department AUTHORIZED BY: Re> B. Anderson, P.E., Director Public Lit(lilies Engineerin~ Department APPROVED BY: Thomas G. V/ides, Interim Administrator Put'ii. Uti~lirS Division Date Dale: ATTEST: Type Name and 'I ~tle Greeley and Hansen LLC Name of Firm By: Roger ~. Howell, P.E., Associate MVT:mvt Project 70892 - SCRV,'TP Reverse Osmosis Weltfied Expansion to 20-MGD EXHIBIT A COLLIER COUNTY GOVERNYIENT PUBLIC UTILITIES ENGINEERING DEPARTMENT Work Order #GH-FT-02-3 SCRWTP Reverse Osmosis Wellfield Expansion to 20 MGD Scope of Services Greeley and Hansen LLC March 7, 2002 Greeley and Hansen IJ.C, herein referred to as ENGINEER, shall perform engineering services for Cc;llier County, herein referred to as COLrNTY, associated with the development and preparation of the Wellfield Desi?. and Permitting for the SCRWTP Expansion to 20 mgd. herein referred to as the PROJECT, for COLTNTY. The PROJECT was identified and budgeted in the 2001 Water Master Plan update, which was adopted bx' the Board on December 11, 2001. This work order shall be completed in accordance with the terms of Contract 00-3119. herein referred to as CONTRACT. DESCRIPTION OF PROJECT .Background The COL~"NTY is currently in the process of constructing 15 production wells designed to supply 11 m_.d of brackish quality feedwater for reverse osmosis (RO) treatment at the South County Regio~nal Water Treatment Plant (SCR~rI'P), in order to provide 8 mgd of finished water to its customers. Eleven of the new wells will be completed in the mid-Hawthorn aquifer, while the remaining four wells will tap the underlying lower Hawthorn aquifer. Well sites are located along a half-mile wide corridor that extends approximately two miles east-northeast from the SCRWTP. This project will also incorporate the identified future well location from the Phase I design. To help meet increasing municipal water demand, the COUNTY is seeking to expand the capacity of the wellfield and treatment plant. The expansion of the system will be designed to provide an additional firm yield of 12 mgd of finished water with a total finished water treatment capacity of 20 mgd. SCRWTPWellsScope030702.doc Page 1 of 8 _ The scope of services described in this proposal has been developed to provide the COUNTY with a basic framework for proceeding with the wellfield expansion project for the facility. The tasks consist of field testing and preliminary design, transmission main route study, final wellfield design, wellfield permitting and hydraulic analysis for the SCRWTP high service pumps. The key elements of the project are described as follows: Design and implement a field-testing program to evaluate aquifer yield within the areas selected for new well construction and perform preliminary assessment of drawdown impacts for various wellfield scenarios. 9 Provide production well and transmission system layout plans for up to 12 mgd of additional finished water capacity. Identify and recommend raw water transmission main alignments and easement requirements for transmission mains from the proposed wellfield to the SCRWTP and from the SCRWTP to the NCRWTP. o Collect and analyze data needed for wellfield design and permitting. Develop calibrated computer models of the hydrologic system to assess pumping impacts in order to support a Water Use Permit modification request. Collect groundwater quality data that can be used by the SCRWTP design team to assess the characteristics of the groundwater source for use in designing reverse osmosis treatment skids and RO membrane specifications. Provide production well design plans and specifications, comprising evaluation of pumping requirements, determination of casing and open hole completion depths, casing diameters and material specifications, and other desig-n parameters necessary for Ihe proposed well field. Perform a hvdraulic analysis to determine the required high service pumping improvements required for the SCRWTP expansion to 20 mgd. The schedule for completion of each task is show'n on the attached Figure 1 and in the summary after the Task 6 description below. TASK 1 PRELIMINARY DESIGN Task 1.1 Test/Exploratory Drilling Program The ENGLN'EER will compile and evaluate existing dam reported in -previous COLVNTY studies and other available hydrogeologic information covering the study area. Based on these findings, SCRV, TPWellsScope030702.doc Page 2 of 8 n0. 160. q MAR 2 6 2002 a test/exploratory drilling plan will be finalized and implemented. Test sites will be selected in areas that appear to offer the most favorable characteristics for future wellfield development and in adjacent areas where the hydrogeologic conditions may influence wellfield performance. Logistical considerations, such as land acquisition and transmission system pipeline construction costs will also be assessed in locating the test/exploratory well sites and developing the next, production well layout. A preliminary review of the available data indicates that construction of the new wellfield to the south or southeast of the present alignment and development of the mid-Hawthorn aquifer would be the best approach. The hydraulic characteristics of the mid-Hawthorn in this direction appear to be most suitable for water supply. A northwest to southeast wellfield configuration would also have the advantage of aligning the wells perpendicular to the regional flow direction, thereby maximizing the capture of lateral ~oundwater recharge from up gradient areas. Further development of the lower Hawthorn aquifer will be avoided to the extent possible, due to its higher susceptibility to upconing of mineralized groundwater. The area of investigation for the next, wellfield will extend up to four miles southeast of the SCRWTP. It is anticipated that eight test/exploratory wells will be designed and constructed for the project. One test production well completed in the mid-Hawthorn aquifer and a monitor well of similar depth will be constructed at two different sites. A lower Hawthorn monitor well w'ill also be drilled at each site to assess upconing potential and the feasibility of developing some production capacity from this deeper aquifer, if necessary to meet the planned wellfield yield. The test production wells will be designed for later conversion to wellfield production. Txvo other mid-Hawthorn aquifer tesdexploratoo, wells will be constructed at key locations to supplement information obtained at the two primary well clusters. Prelirmnary groundwater modeling to assess drawdown impacts will be performed to assist in selecting test well sites and the wellfield layout. The ENG15NEER will develop a field-testing plan, prepare specifications, comprising technical specifications and standard COUNTY documents, for contractor bidding by the COL~'TY, and assist in bidding services for the COUNTY. ENGEN'EER will provide biddding services to the COUNTY associated with bid document production, response to bidder inquires, preparation of addenda and review of bids. These bidding services are described below. The test/exploratory well technical specification and drawings in full and half-size will be produced and submitted to COL.L:NTY, bidders, five building exchange and trade groups, and the project team members. ENGENqEER will distribute and sell bid documents, ma/ntain a list of bid document holders and provide weekly updates of the list to COUNTY during the bidding process. SCRVCTPWellsScope030702.doc Page 3 of 8 ENGEN-EER will conduct a pre-bid conference held at a convenient location. ENGINEER will provide appropriate responses to any questions raised concerning the test/exploratory wells, either at the conference or as an addendum to the contract documents. ENGINEER will review bid packages for completeness and appropriateness for award. A recommendation will be made for award of the construction contract to the lowest responsive, responsible bidder. Well drilling and testing activities will be monitored by a full-time resident hydrogeolo~st. Work progess and data concerning lithology, stratigraphy, aquifer and confining bed properties, and native groundwater quality will be collected, compiled, and analyzed by a professional geologist. Task 1.2 Data Analysis The ENGINEER will analyze field-testing data and prepare summaries of the results. A certified analytical laboratory will be subcontracted to perform the required water quality analysis. Task 1.3 Aquifer Performance Tests An aquifer performance test will be conducted at each of the two primary test/exploratory well cluster sites. The tests will be performed to assess the hydraulic characteristics of the mid- Hawthorn aquifer and confining bed properties that could affect the potential for upconing of more mineralized groundwater to occur from deeper strata. Step-drawdown and single well pumping tests will be conducted at the other two mid-Hawthorn aquifer test/exploratoo' well sites to estimate well efficiency and aquifer transmissivily. Confining bed properties will also be evaluated through the application of packer tests performed during well construction. Test results will be analyzed by a professional geologist. Task 1.4 Groundwater Modeling Upon completion of the field-testing pro,am, hydraulic and solute transport models of the hydrolo~c system will be developed for the incremental expansion of the SCRWTP wellfield to supply a total of 20 mgd of finished water. The models will first be cahbrated by adjusting input parameters until the models yield results that are representative of aquifer conditions identified in the field. Predictive simulations will then be performed to assess the effects of varying well locations, well spacings, and pumping rates. Task 1.5 Hydrogeologic Report A prehminary design report will be prepared documenting hydrogeolo~c data acquisition techniques, data analysis methods, impact model development procedures and results, and S CR'~FPWellsScope030702.doc Page 4 of 8 wellfield design recommendations. A final wellfield configuration will be proposed based on the results of the hydrogeologic investigation and computer modeling. Six copies of the draft preliminary design report will be submitted to the COUNU'Y for review. Ten copies of the final report that incorporates comments from the COUNTY will then be prepared and submitted. Task 1.6 Wellfield Siting Technical Memorandum The COUNTY has expressed interest in identifying future production well locations as soon as possible, so that land acquisition arrangements can be initiated. To help expedite this process, WRS will prepare a Technical Memorandum for submittal to the project team showing the proposed new wellfield alignment and a rationale for its selection, prior to submitting the more comprehensive Hydrogeologic Report. The Technical Memorandum will be issued once the field work has been completed and groundwater modeling has proceeded to the point where well locations can be selected. TASK 2 PRELIMINARY ENGINEERING FOR T1;La. NSMISSION MAINS AND HIGH SERVICE PUMPS AND EASEMENT ACQUISITION Task 2.1 Transmission Main Route Study and Easement Acquisition Identify and evaluate up to three alternate raw water transmission main alig-nments each for the transmission main from the proposed wellfield to the SCRWTP and for the raw water interconnect between the NCRWTP and SCRWTP. Evaluations will include hydraulic analysis to size the transmission mains, identification of easement requirements, estimated property acquisition costs and construction costs, and development of preliminary construction schedules. Prepare and submit ten copies of draft route study report to the COL.P','TY. Route study report shall include development of alignment options, recommended alignments and pipe sizes and summaries of easements required. Meet with COUNTY to present and discuss draft report. Incorporate COUNTY comments and submit ten copies of final route study report. Prepare up to 50 legal descriptions and easement sketches for easement acquisition by the COL~U'Y. Task 2.2 High Service Pump Study Identify pumping and pipeline improvements required at the SCRWTP for the RO expansion of the SCRWTP to 20 mgd. Perform hydraulic modeling to identify pumping requirements and on- site pipeline improvements required for the expansion to 20 mgd. Prepare and subn-fit ten copies of draft route study report to the COUNTY. High service pump study report shall include summaries of hydraulic modeling, recommendations for on-site improvements and construction cost estimates. Meet with COUNTY to present and discuss draft report. Incorporate COL~'TY comments and submit ten copies of high service pump study report. TASK 3 FINAL DESIGN SCRWTPWellsScope030702.doc Page 5 of 8 2 p{;. 0~ TASK 3.1 Production Well Design The ENGINEER will prepare technical specifications and drawings for the well components designed to supply 12 mgd of finished water from a southern wellfield to serve the SCRWTP. The current plan is to design the wellfield with production supplied solely from the mid- Hawthorn aquifer. Further development of the lower Hawthorn aquifer will only be pursued if an additional water source is needed to meet wellfield demand requirements. Construction of the wellfield will be subject to permitting by the SFWMD. The Engineer will prepare technical specifications and drawings for the production wells for submittal at the 30 percent, 60 percent and 90 percent completion levels. A meeting with COUNTY staff and ENGLNEER will be held within two weeks of each submittal to discuss comments and recommendations. The ENGINEER will provide minutes to the meetings with written responses to each of the COU-NTY's written and verbal comments provided at the review meetings. Biddding documents will be prepared after the 90% review meeting. ENGINEER will be res.~onsible for the design of the wells including the first two vertical spool pieces and for development of the well testing program. Design of the wellhead surface facilities, pumps, pump houses or vaults, electrical, and control systems will be performed by the SCRWTP designer. TASK4 PEILNHTTING Task 4.1 Test Well Permitting ENGINS!;ER will assist in preparing permit applications for the test/exploratory wells in accordance with testing procedures utilized in the 1991 Deep Aquifer Hydrogeologic Study for Collier County and the 1995 Collier County Brackish Water Wellfield Study. Task 4.2 Consumptive Use Permitting ENGINEER will prep~e a modification to the existing Water Use Perm/t (WUP) issued by the SFWMD to develop a proposed southern wellfield to serve the SCRWTP with a design capacity of 20 mgd of finished water. Each production well will be designed to produce approximately 500 gpm of water. ENGENTER will utilize hydraulic and solute transport impact models t{) support the W-bT modification request. It is anticipated that simulation of withdrawals from the NCRWTP Wellfield and Flor/da Water Services Marco Island Wellfield will also need to be evaluated in the hydraulic modeling effort. Responses to up 'to three requests for additional information made by SFWMD are included in Ihis scope of services. In addition, four meetings with District regulator3, staff are anticipated. ENGINEER will prepare minutes for each meeting to document requests and summarize decisions made during the meetings. SCRWTPWelIsS cope030702.do c Page 6 of 8 14AR 2 G 2O02 Task 4.3 FDEP Permitting ENGIiN~ER will participate in the Pre-Application Meeting for the FDEP potable water system permit and assist in addressing any issues that arise associated with potential contamination sources that could influence wellfield performance. It is assumed that the location of potential contamination sources will be provided to ENGEN-EER as part of the site surveying work conducted by others. The Application to Construct permit for the proposed wellfield and wells will be submitted by the SCRWTP designers. TASK5 CONSTRUCTION COST ESTIM~ATES Task 5.1 Cost Estimates ENGINEER will prepare opinions of probable production well construction costs at the 30% and final design phases of the project. A spreadsheet will be provided with the cost opinions that lists anticipated unit quantities and estimated costs for each phase of well construction and testing. TASK 6 -ADDITIONAL SERVICES ALLOWANCE Provide additional services for development of the Wellfield Design and Permitting for the SCR~,~q'P Expansion to 20 mgd. The additional services allowance of up to $44,000 is for additional services requests that are not included in the scope of services described above. Additional services under this work order will be provided up to the lirmts shown below. Additional work orders will be required to perform services beyond the limits shown below. SUM~RY TASK DES CRIPTION 1- Prelim/nary Design COMPLETION TIME (WEEKS) 2- Prelim/nary Engineering for Transrmssion Ma/n/High Service Pumps and Easement Acquisition 3- Final Desi~ma 52 65 COST $262,090 Lump Sum $ 58,280 Lump Sum $ 8,902 Lump Sum SCRWTPWellsScope030702.doc Page 7 of 8 NO. HAR 2 6 2002 ~'G. /0 4- Permitting 70 5- Prepare Construction Cost Estimates 65 6- Additional Services Allowance TOTALS 70 TARGET CO.MPLETION DATE: August 1, 2003 $ 17,593 Lump Sum $ 500 Lump Sum $ 44,000 Time and Materials $391,365 SCR'~'TPWellsScope030702.do c Page 8 of 8 NO. /6' liAR PG. // EXECUTIVE SUMMARY APPROVAL TO ENTER AN AGREEMENT WITH THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS FOR THE REIMBURSEMENT OF APPROXIMATELY $75,000 FOR EMERGENCY PROTECTIVE MEASURE EXPENDITURES OBJECTIVE: To gain Board of County Commissioners acceptance and approval of Contract # 02-RM-'2-09-21-20-016 between the State of Florida, Department of Community Affairs and Collier County to reimburse Collier for emergency protective measure expenditures in preparing for/responding to Tropical Storm Gabrielle. CONSIDERATIONS: The Federal Emergency Management Agency, through the Stale of Floridm Department of Community Affairs, has made funds available to the counties impacted by Tropical Storm Gabrielle in September 2001. These expenditures were mainly in the form of preparation prior to the storm and overtime for employees during the flooding of the storm. Collier County Wastewater Department of the Public Utilities Division has already preformed the work. as emergency measures, and is nov,' seeking eligible reimbursement per the Robert T. Stafford Act. FISCAL IMPACT: Reimbursement from FEMA will amount to approximately $75,000. Funds will be deposited in the County Water and Sewer Operating Fund (408). GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact. RECOMMENDATION: That the Board of County Commissioner approve the attached Contract # 02-RM-'2-09-21-20-016 for the reimbursement of disaster related expenses. SUBMITTED BY: REVIEWED BY: APPROVED BY: Date: Greg~'Y4mcker, Wastewater Safety Coordinato~ pfi B. Cheat~ W~ewater D~ecto ~ Inte~ Public Utilities Adm~str~or ' AG£NOA N0. ~~__ MAR 2 6 Florida DeDarLment of Community Affairs Con~rac5 No. 02-RM-'2-09-21-20-016 DISASTER RELIEF FUNDING AGREEMENT This Agreement is between the State of Florida, Department of Community Affairs (the "Grantee") and, Collier County Public Utilities (Waste Water) (~he "Subgrantee"). This Agreement is based on the existence of the following conditions: Tropical Storm Gabrielie had a devastating impacu upon the State of Florida. The severity of the damage and losses resulsed in a declaration of emergency by the Governor in Executive Order 01-268. In consequence of Tropical Storm Gabriel!e, %he Presidenu of %he United Stames declared Tropical Storm Gabrieiie a major disaster in the following counties: Chariotme, Collier, DeSoto, Flagier, Manatee, Putnam, Sarasota, St. Johns, Hardee, Highlands, and Lee. The Public Assistance Program was made available to eligible applicants in %~e counties of Charlotte, Collier, DeSoto, F!agler, Manatee, Putnam, Sarasota, St. Johr~s, ~ardee, Hi~hiands, and Lee. The Agreement between ~he State of Florida and the Federal Emergency Managemenu Agency governing the use of such funds re- quires the State to share the cosUs eligible for federal financi== assistance, and the S5aLe has undertaken to share those costs wi5h its Subgrantees. A Budgeu Amendmen5 has been prepared and is being considered to provide for the necessary funds and authority for this evens. NO. /&,C. ~ MAR 2 6 200 Under the Emergency Managemen5 Act, as amended, the Department has authority to adminis%er federal financial assistance from the Agency consequent to a presidential declaration of disaster. Based upon the existence of the foregoing conditions, the parties agree to the following: ARTICLE I. Definitions. As used in this Agreement, the following terms shall have the following meanings unless another meaning is specified elsewhere: A. "Eligible activities" are those activities authorized in the FEMA-State Agreemen%, and in the Robert T. Stafford Disaster Relief and Emergency Assis%ance Ac%, Public Law 93-28S, as amended, 42 U.S.C. § 5121-52C1; 44 C.F.R. Part 206; and applicable policies of the Federal Emergency Management Agency. B. "FEMA-State Agreemen%" is the agreement of October ~, 20Ci between the Federal Emergency Management Agency and the SLate of Florida, for Disaster No. FEM~-1393-DR-FL. ARTICLE Ii. APPLICABLE Law. The parties agree to ail the conditions, obligations, and duties imposed by the FEMA-Snate Agreement and ail applicable state and federal legal requiremenns including, without any limitanion on the generality of the fore- going, the requirements of 44 C.F.R. Parts 13 and 206, and the policies of the Federal Emergency Management Agency. ARTICLE III. FUNDING and INSURANCE. Grantee shall provide funds to the S]mbgrantee for eligible activities for the projects approved by the Grantee and the Federal Emergency Management Agency, as specified in the approved Project Worksheets. Page 2 2 FEMA-1393-DR-FL A!low-~bie costs shall be determined in accordance with 44 C.F.R. Parts 13 and 206. A. The approved Project Worksheets shall be transmitted to Subgrantee, and shall state the cumulative funding allowed, the scope of the eligible project, and the costs eligible under this Agreement. Project Worksheets may obligate or de-obligate funding, thereby amending the total amount of funding. The approved Project Worksheets shall document the total eligible costs and the total federal share of those costs, which shall be seventy-five (75) percen= of ali eligible costs. Contingent upon an appropriation by the Florida Legislature, the Grantee agrees to provide one-half of any non-Federal share for local government and private non-profit Subgrantees. As a condition of receipt of the funding, and contingenn upon an appropriation by the Florida Legislature where required, the Subgrantee similarly agrees to provide any non-Federal share not paid by the Grantee. B. As a condition ~o funding under this Agreement, the Subgrantee agrees that the Grantee may withhold funds other-wise payable to Subgrantee from any disbursement to Grantee upon a determination by Grantee or Federal Emergency Management Agency that funds exceeding the eligible costs have been disbursed to Subgrantee pursuant to this Agreement or any other funding agreement administered by Grantee. C. As a further condition to funding under this Agreemenn, the Subgrantee agrees to procure insurance sufficient for the type or types of tlazards for which t_he disaster was declared ~o cover ?age 3 3 FEMA-1393-DR-FL HAF 2 6 any and ali projects to be funded under this Agreement where insurance is available and reasonable. Subgrantee shall provide Grantee with a certificate of such insurance as a condition to funding under this Agreement. ARTICLE IV. DUPLICATION OF BENEFITS PROHIBITION. Subgrantee may not receive funding under this Agreement to pay for damage covered by insurance, nor may Subgrantee receive any other duplicate benefits under this Agreement. A. Subgrantee shall wi%hour delay advise Grantee of any insurance coverage for the damage identified on the applicable Project Worksheets and of any entitlement to compensation or indemnification from such insurance. Subgran%ee shall reimburse Grantee wi%hou~ delay for any duplicate benefits Subgrantee may receive from an>~ other source for any damage identified on applicable Prcjec% Worksheets for which Sub~ran%ee has received payment from Grantee, to the extent of any such duplication. B. In the event ~ha% Grantee should determine tha~ Sub~/antee has received duplicate benefits, by its execution of this Agreement the Subgran~ee gives Grantee or the Comptroller of the State of Florida the authority to set off the sum of any suc~ duplicate benefits by withholdin~ it from any other funds otherwise due and owing to Subgrantee. ARTICLE V. COMPLIANCE WITH ENVIRONMENTAL, PLANNING AND PERMITTING LAW£. Subgrantee shall be responsible for the implementation and completion of the approved projects described in the Project Worksheets in a manner acceptable to Grantee, and P~e4 FiSI~A.- 1393-DR-FL A ?.~ N,O a IT£~ MAR 2 G 2002 in accordance with applicable legal requirements. The contract documents for any project undertaken by Subgrantee, and any land use permitted by or engaged in by Subgrantee, shall be consistent with the local government Comprehensive Plan. Subgrantee shall ensure that any development or development order complies with all applicable planning, permitting and building requirements. Subgrantee shall engage such competent engineering, building, and other technical and professional assistance at all project sites as may be needed to ensure that the project complies with the contract documents. ARTICLE VI. Required Documentation, Reviews, and Inspections. Subgrantee shall create and maintain documentation of work performed and costs incurred on each project identified in a Project Workshee~ sufficient to permit a formal audit comportin~ with ordinary, customary and prudent public accounting requirements. Upon the failure of Subgrantee to create and maintain such documentation, Grantee may terminate further fundin~ under this Agreement, and Subgrantee shall reimburse to Grantee all payments disbursed earlier to Subgrantee, ~ogether with any and all accrued interest. A. Subgrantee shall submit the following documentation for Large Projects (the Small Project threshold for this declaration is $50,600.00): l. A Request for Advance or ReimbLursement conformin~ to the sample attached to this Agreement as Attachment A; 2. A Summary of Documentation Form conforming to the sample Pag: 5 FEMA- 1393-DR-FL atnached to this Agreement as Attachment B, which shall be supported by original documents such as contract documents, invoices, purchase orders, change orders and the like; 3. A request for final inspection; 4. A signed Project I,isting upon the completion of all projects; and 5. The Projecn Listing and Certification specified by Paragraph B of this Article. B. For all projects, Subgrantee shall state on the Projec% Listing and Cer%ification that all work was performed in accordance with this Agreement and the requirements in each Project Worksheet, and shall state the date of completion. C. Grantee will inspect Small Projects by random selection, and will conducn the final inspections on Large Projects, to ensure that al! work has been performed within the scope of work specified on the Project Worksheets. Costs not within the approved scope of work shall no5 be reimbursed. ARTICLE Vii. Cost Sharinc. The federal share of the eligible costs specified in the Projecn Worksheets under this Agreement shall be seventy-five (75) percent of such costs and the nonfederal share shall be twenty-five (25) percent. As a condition of funding under this Agreement, the Grantee shall pay fifty (50) percent of the nonfederal share and Subgrantee shall pay the remaining fifty (50) percent. Payment of all or a specified poruion of the nonfederal share of such costs is contingent upon an appropriation defining the apportionment of the Pa~ 6 6 F5 NiA - i393-DR-FL AG£ NOA IT£~ ,o. //_,., d_...~~ MAR 2 6 2002 PG. "7 nonfederal share. Administrative costs in addition to the Projec% Worksheets that are otherwise eligible under 44 C.F.R. Parn 206 and do not require matching funds will also be funded by the Federal Emergency Management Agency. ARTICLE VIII. Payment of Costs. Grantee shall disburse the eligible costs to Subgrantee in accordance with the following procedures. A. Grantee shall disburse the federal and nonfederal shares of the eligible cos%s for Small Projects to Subgrantee as soon as practicable afner execu%ion of this Agreement and formal notification by the Federal Emergency Managemenn Agency of its approval of the perninent Project Worksheet. B. Grantee shall reimburse Subgrantee for the federal and nonfederal shares of the eligible costs for Large Projects as soon as practicable after £.~bgrantee has delivered the following documents to Grantee: 1. A Request for Advance or Reimbursement Form conforming ~c the sample attached to this Agreement as Attachment A; 2. A Summary of Documentation Form conforming ~o the sample attached to this Agreement as Attachment B, which shall be supported by original documents such as contract documents, invoices, purchase orders, change orders and the like; and 3. A letter or notification certifying that ~he reported costs were incurred in the performance of eligible 'work. C. Grantee may advance funds under this Agreement to Subgrantee not exceeding the federal share if Sut~rantee meets pa~e7 }-E ~iA - ] 393-DR?L ~G£1NC, a .o._ MAR 2 the following conditions: i. Subgrantee shall demonstrate to Grantee that Subgran%ee has procedures in place to ensure that funds are disbursed to project vendors, contractors, and subcontractors without unnecessary delay; 2. Subgrantee shall submit to Grantee the budget supporting the request; 3. Subgrantee shall submit a statement justifying the advance and the proposed use of the funds, and specifying the amount of funds requesnedF A. Subgrantee shall submit a completed Request for Advance or Reimbursement Form; and 5. Subgrantee shall pay over to Grantee any interest earned on advances for remittance %o the Federal Emergency Management Agency as often as practicable, and in any event not later than ten (10) business days after the close of each calendar quarter. D. Subgrantee may make improvements to the project facility in conjunction with its restoration of the facility to its predisaster condition in accordance with 44 C.F.R. Part 206 with the prior written approval of Grantee. E. In any case in which Subgrantee certifies no Grantee in w~ining that the restoration of a damaged public facility to its predisaster condition is non in the best interest of the public, Subgrantee may request Grantee and the Federal Emergency Management Agency to approve an alternate project in accordance with 44 C.F.R. Part 206 before the commencement of any work. Pa~e $ F~ ~iA - 1393-DR-TL MAR 2 6 002 PG. F. Grantee may, in its discretion, withhold its portion of the nonfederal share of funding under this Agreement from Subgrantee if Grantee has reason to expect a subsequenn unfavorable determination by the Federal Emergency Management Agency that a previous disbursement of funds under this Agreement was improper. ARTICLE IX. Final Payment. Grantee shall disburse the final payment to Subgrantee upon the performance of the following conditions: A. Subgrantee shall have completed the project; B. Subgrantee shall have submitted the documentation specified in Articles VI and ViII of this Agreemenn; C. In the case cf Large Projects, the Grantee shall have performed the final inspection; D. In the case of Small Projects, the Project Listing and Certification shall have been reviewed by Grantee, or Grantee shall have performed a final inspection; and E. Subgrantee shall have requested final reimbursement. ARTICLE X. Records Maintenance. The funding of eligible costs under this Agreement and the performance of all other conditions shall be subject to the following requirements, in addition to such other and further requirements as may be imposed by operation of law: A. The ~Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Sovernments," as codified in 44 C.F.R. Part 13, as amended; 9 F~__~- 1393-DR-T L .o. MAR 2 6 2002 ID B. Office of Management and Budget Circular No. A-87, "Cosy Principles for SLate and Local Governments," as amended; C. Office of Management and Budget Circular No. A-110, "Uniform Administrative Requirements for Grants and Other Agree- menLs with Institutions of Higher Education, Hospitals and Other Non-Profit Organizations," as amended; and D. Office of Management and Budget Circular No. A-122, Principles for Non-Profit Organizations," as amended. E. Subgrantee will maintain all documentation concerning the projects funded under this Agreement until the occurrence of the following evenLs, whichever is the later: 1. The completion of final inspection and final audit, and the final resolu%ion of any issues identified in the same; or 2. The expiration of three (3) years from the date of final disbursemenn under this Agreement. F. SubgranYee shall make alt documentation concerning the projects funded under this Agreement available and accessible to the Comptroller General of the United States, the Grantee, and the Federal Emergency Management Agency between 8:00 a.m. and 5:0C p.m. on weekdays other than official holidays. ARTICLE XI. Reimbursement of Funds. If upon final inspection, final audit, or other review by Grantee, the Federal Emergency Managemen% Agency or other authority determines that the disbursements to Subgrantee under this Agreement exceed the eligible costs, Subgrantee shall reimburse to Grantee the sum by which the total disbursements exceed the eligible costs within Ps~ 10 l 0 F£MA-1393-DR-F~ AG[#OA I TEl< MAR 2 6 2002 forty-five (45) days from the date Subgrantee is notified of such determination. ARTICLE XII. Audit. Subgrantee shall submit an Audit of Agreement Compliance to Grantee, and shall have an independent audit performed by a Certified Public Accountant if its total expenditures of federal financial assistance for the most recent fiscal year equal or exceed $300,000.00. A. Subgrantee will conduct the audit in accordance with the following requirements: 1. The standards established by the Comptroller General of the United States, as specified in the General Accounting Office Standards for Audit of Governmental Organizations, Programs, Activities and Functions; 2. The standards established by the American Institute of Certified Public Accountants; 3. The requirements of §§ 11.45, 216.349, and 216.3491, Fla. Stat. (2001), and the Rules of the Auditor GeneraL; 4. The requirements of the Single Audit Act of 1984, Pr~. L. 98-502, as amended, 31 U.S.C. §§ 7501-7507, to the extent here applicable; and 5. Office of Management and Budge~ Circular No. A-133, as amended, to the extent here applicable. B. The audit shall be identified by the serial contracn identification number for this Agreement. If the Subgrantee is a private nonprofit organization, it shall submit an orgar~zation- wide audit. Pa~ 11 1 1 FE~A-]]93-DR-FL ~o. I1,, c_ ..~ MAR 2 6 2002 C. The audit shall be due not later than seven (7) months after the close of the fiscal year for Subgrantee except where Grantee and Subgrantee have mutually agreed upon another date. D. Subgrantee shall conduct such additional audits as Grantee or the Federal Emergency Management Agency may determine necessary to determine the adequacy, accuracy, and reliability of the internal procedures Subgrantee has in place to protect its assets and to ensure compliance with this Agreement. E. If this Agreement is closed out without an audit, Grannee may recover from SubgranZee any disallowed costs identified in an audit afner such closeout. ARTICLE XiiI. NoncomD!iance. If the Subgrantee violazes this Agreement or any legislation, regulaCion, statuze, rule or other legal re?airement applicable to the performance of this Agreemenn, the GranCee may withhold any disbursement ocherwise due Subgrantee for The projec~ with respect to which the viola%ion has occurred until the violation is cured or has otherwise come tc final resolution. If the violation is not cured, Grancee may terminate this Agreement and invoke ins remedies under the Agreement in accordance with Articles XXI and XXV of this Agreement. ARTICLE X!V. Nondiscrimination by Contractors. Subgran5ee shall undertake an active program of nondiscrimination in ins administration of disaster assistance under this Agreement, in accordance with 44 C.F.R. Parts 7 and 16, and 44 C.F.R Part 206. In addition, Subgrantee shall be subject to the requirements in Page 12 ] 2 FEMA- 1303-DR-FL MAR 2 6 PG. {,-~ ~ the General Services Administrative Consolidated List of Debarred, Suspended and Ineligible Contractors, in accordance with 44 C.F.R Part 17. ARTICLE XV. Modification. The time for performance of this Agreement may be extended once unless the failure of Subgrantee to close out the project is caused by events beyond its control. A modification extending the time for completion of the project and any other modification shall be in writing, and shall take effect only upon execution by both parties. Modifications to any Project Worksheet to be funded under this Agreement may be requested by Subgrantee through Gran~ee, but the approval of any such modifications shall reside in the sole discretion of the Federal Emergency Management Agency. Any approved modification to a Project Worksheet shall be noted in a Supplemental Project Worksheet for the projecu. If otherwise allowed under this Agreement, any extension shall be in writing and shall be subject to the same terms and condinions as those set out in the initial Agreement. ARTICLE XVI. Time for Performance. Time shall be of the essence of this Agreement and of the performance of all conditions under in. Subject %o any modification extending the time for the performance of this Agreement approved by Grantee or by the Federal Emergency Management Agency, the time for the performance of emergency work shall be six (6) months from the date of the Presidential Declaration. The time for the performance of permanent work shall be eighteen (18) months from the date of the Pa~ 13 ] 3 F~MA-I393-DR-FL MAR 2 6 200 Presidential Declaration. For Large Projects the Summary of Documentation and the supporting documents identified in Article VI of this Agreement shall be submitted to the Grantee not later than sixty (60) days after the date of the last modification extending the Agreement. Subgrantee shall submit the completed Project Listing to Grantee not later than thirty (30) days from the completion of all work, or the approval of the Final Inspection by the Federal Emergency Management Agency, whichever is later. The time for the performance of this Agreement may be extended for cause by Gran~ee. If any extension request is denied, Subgrantee shall be reimbursed for eligible projecn costs incurred uo to the iatesn approved date for completion. Failure to complete any project will be adequate cause for the termination of funding for that project. ARTICLE XVi~=. Contracn=. With Others. If the Subgrantee con%facts with any other contractor or vendor for performance of all or any portion of the work required under this Agreemenu, %he Subgrantee shall incorporane into its contract with such contractor or vendor an inderanification clause holding Grantee and Subgrantee harmless from liability to third parties for claims asserted under such contract. 3kRTICLE XA~III. Termination. Either of the parties may terminate this Agreement by notice in writing delivered to the address specified in Article XXIII of this Agreement. Such termination shall take effect thirty (30) days after the date of such notice. Such termination shall not affect the rights, FEhlA-I393-DR?L AC,~ N~) ~ IT£M MAR 2 6 20D PG. /~D interests, duties or responsibilities of either of the parties or any allowable costs that have accrued as of the date of the notice of termination. ARTICLE XIX. ~ A. Grantee assumes no liability to third parties in connection with this Agreement. Unless the Subgrantee is a governmental entity covered by § 768.28(5), Fla. Stat. (2001), the Subgrantee shall be solely responsible to any and all contrac%ors, vendors, and other parties with whom it contracts in performing this Agreement. Unless the Subgrantee is a governmental entity within the meaning of the preceding sentence, Subgrantee shall indemnify Grantee from claims asserted by to third parties in connection with the performance of this Agreement, holding Grannee and Subgrantee harmless from the same. B. For the purpose of this Agreement, the Gran~ee and Subgrantee agree that neither one is an employee or agent of the other, and that each one stands as an independent conLractor in relation to the other. C. Nothing in this Agreement shall be construed as a waiver by Grantee or Subgrantee of any legal immunity, nor shall anything in this Agreement be construed as a consent by either of the parties to be sued by third parties in connection with any matter arising from the performance of this Agreement- D. Subgrantee represents that to the best of its knowledge any hazardous substances at its project site or sites are present in ~mntities within statutory mhd regulatory limitations, m_nd do P.a~ If no% require remedial action under any federal, state or local legal requirements concerning such substances. Subgrantee further represents that the presence of any such substance or any condition at the site caused by the presence of any such substance shall be addressed in accordance with all applicable legal requirements. ARTICLE XX. Reports. Subgrantee shall provide Quarterly Reports to Grantee, on the Quarterly Report Form conforming to the sample attached as A%tachmen~ C. The first Quarterly Report shall be due at such time as Subgrantee is notified. All subsequent Quarterly Reports shall be due not later than thirty (30) days after each calendar quarter %hrough final inspection. Quarterly Repor%s shall indicate the anticipa%ed completion date for each project, toge%her with any ether circumstances tha5 may affect the compie~ion dale, thc scope of work, the project costs, or any other factors %ha% may affec% compliance with this Agreement. Interim inspec%ions shall be scheduled by Sub~rantee before the final inspection, and may be required by Grantee based on information supplied in the Quar~eriy Reports. Grantee may require additional reports as needed, and Subgrantee shall provide any additiona~ reports requested by Gran~ee as soon as practicable. With respec% to the Request for Advance or Reimbursement, the Summary of Documentation, and the Quarterly Reports, the con%act for Grantee will be the State Public i~ssistance Officer. ARTICLE XXi. Standard Conditions. Subgrantee agrees to the Page 16 1 6 FEMA-1393-DR-FL MAE 2 6 2002 p~. t7 fo!iowin9 conditions: A. The performance and obligation of Grantee to pay under this Agreemen% is contingent upon an annual appropriation by the Legislature and the disbursement to Grantee of federal funding in accordance with § 252.37(4), Fla. Stat. (2001). B. Bills for fees or other compensation for services or ex~penses must be submitted in detail sufficient for a proper pre- audit and post-audit. C. Grantee may terminate this Agreement for refusal by the Subgran~ee and its contractors and subcontractors to allow public inspection of any records subject to the disclosure requirements in § 119.07(1), Fla. Stat. (2001), that are made or received by Subgrantee or its contractors and subcontrac%ors in connection with this AgreemenL. Substantial evidence of noncompliance by Subgrantee or its contrsctors and subcontrac%ors with these requirements shall constitute the nonperformance of a condition under this Agreement, and shall be adequate cause for termination. D. Subgrantee agrees 5hal no funds disbursed to it under this Agreement will be used for the purpose of lobbying the Legislasure or any of its members, any employee of ~he State of Florida, any member of Congress, any officer or employee of Congress, or any employee of a Member of Congress, in connection with this Agreement or any modifications to this Agreement. E. Subgrantee certifies with respect to this Agreement than it possesses the legal authority to receive the funds. F. Subgrantee agrees that responsibility for compiimmce wish 17 FEMA-1393-DR-YL G 200 this Agreemenn rests with the Subgrantee, and further agrees that noncompliance with this Agreement shall be adequate cause for the recission, suspension or termination of funding under this Agreement, and may affect its eligibility for funding under future Subgrantee Agreemenns. ARTICLE X_Xii. ~Term. This Agreement shall take effecn upon its execution by both parties, and shall terminate upon the approval of cioseout by the Federal Emergency Management Agency, unless terminated earlier as specified elsewhere in this Agreement. Subgrannee shall commence the projecn(s) specified by this Agreement wiShout delay. ARTICLE ~XiZi. Notice and Contact. Ail notices under this Agreemenn shall be in writing and shall be delivered by In%erNet, by te!efacsimi!e, by hand, or by cernified letter to the following respective addresses. FOR T~ZE GPJLArfEE: W. Craig Fugate, Director Division of Emergency Management Department of Community Affairs 2555 Shumard Oak Blvd Taiiahassee, Florida 32399-2100 FOR THE SL~GRAATTEE: Collier Counsy Public Utilities-Waste WaSer 6027 Shirley Street NaD!es, Fi 34109 ARTICLE X3iiV. Desiqnation of Aqenn. Subgrantee hereby desi?nates Ihomas G. Wides as its primary agent, and designates Joseph B. Cheatham as its alte~ate agent, to execute any Request for Advance or Reimbursement, certification, or other necessary documentation. ARTICLE X_%?$. Events of Default, Remedies ~ and Termination. A. Upon the occurrence of any one or more of the following 18 ~.~. AC, f NDA ITEM MAR 2 6 200 PG. I(~ even%s, all obligations of Grantee to disburse further funds under this Agreement shall terminate at the ootion of Grantee. Notwithstanding the preceding sentence, Grantee may at its option continue to make payments or portions of payments after the occurrence of any one or more such events without waiving the right to exercise such remedies and without incurring liability for further payment. Grantee may at its option terminate this Agreement and any and all funding under this Agreement upon the occurrence of any one cr more of the following: i. Any representation by Subgrantee in this Agreement is inaccurate or incomplete in any maneria! respect, or Subgrannee has breached any condinion of this Agreement or any previous agreement with Grannee and has no% cured in timely fashion, or is unable or unwilling to meet its obligations under this Agreemenn. 2. Subgrantee suffers any material adverse change in its financial condition while this Agreement is in effect, as compared to ins financial condinion as represented in any reports or other documents submitted to Grantee, if Subgrantee has non cured the condition within thirny (30) days after notice in writing from Grantee; 3. Any reports required by this Agreement have not been submitted to Grantee or have been submitted with inaccurate, incomplete, or inadequate information; or 4. The monies necessary to fund this Agreement are unavailable due to any failure ~0 appropriate or other action or i~action by Congress or the Legislature, or due ~o any action of ] 9 mM- 1393-DR-FL the Office of the Comptroller or the Office of Management and Budget. B. Upon the occurrence of any one or more of the following events, Grantee may at its option give notice in writing to Subgrantee to cure its failure of performance if such failure may be cured. Upon the failure of Subgrantee to cure, Grantee may exercise any one or more of the following remedies: 1. Terminate this Agreement upon not less than fifteen 15) days notice of such termination by certified letter to the Subgrantee at the address specified in Article XXIII of this Agreement, such notice to take effect when delivered to Subgrantee; 2. Commence a legal action for the judicial enforcement of this Agreemenn; 3. Withhold the disbursement of any payment or any portmon of a payment otherwise due and payable under this Agreement or any other Agreement with Subgrantee; and 4. Take any other remedial actions which may otherwise be available under law. C. Grantee may terminate this Agreement for any misrepresentation of any maneria! fact, for the failure or nonperformance of any condi%ion or obligation under this Agreement, or for noncompliance with any applicable legal requirement. D. Recission, suspension or termination of this Agreement shall constitute final action by the Grantee within the meaning of Page 20 2 0 r~m- 1393-DR?L the Administrative Procedure Act, as amended. Notwithstanding the preceding sentence, any de-obligation of funds or other determination by the Federal Emergency Management Agency shall be addressed in accordance with the regulations of that Agency. E. Upon the recission, suspension or termination of this Agreement, the Subgran%ee shall refund to Grantee all funds disbursed to Subgrantee under this Agreement. F. The venue of any action or proceeding by either Grantee or Subgrantee for the enforcement of this Agreement or for an adjudication of the rights, interests, or duties of the parties %o it shall lie in Leon County, State of Florida. G. Notwithstanding anything to the contrary elsewhere in this Agreement, the recission suspension or termination of this Agreement by Grantee shall not relieve Subgrantee of liability to Grantee for the res%i%usion of funds advanced to Subgran5ee under this Agreement, and Grantee may set off any such funds by withholding future disbursements otherwise due Subgrantee under this Agreement or any onher Agreement %until such mime as the exacn amounL of restitution due Grantee from Subgrantee is determined. In the even5 the Federal Emergency Management Agency should de- obligate funds formerly allowed under this Agreement or under any other Agreement funded by the Agency and administered by Grantee, then Subgrantee shall immediately repay such funds to Grantee. If the Subgrantee fails to repay any such funds, then Grantee may recover the same from funding otherwise due Subgrantee in accordance with this Article. 21 ARTICLE XXV!. Attachments. A. Ail attachments to this Agreement are incorpora%ed this Agreement by reference as if set out fully in the text of the Agreement itself. B. In the event of any inconsistencies between the language of this Agreement and the Attachments to it, the language of the Attachments shall be controlling, but only to the extent of such inconsistencies. C. This Agreement has the following attachments: 1. Attachment A "Request for Advance or Reimbursemenn' 2. Attachment B "Summary of Documentation" 3. Attachment C "Quarterly Report Schedule and instructions" Page 22 22 FENL~- 1393-DR-FL MAR 2 G 002 this IN WITNESS Agreement: HEREOF, the Grantee and Subgrantee have executed FOR T~.E GRANTEE: DEPARTMENT OF COMMUNITY AFFAiRS, State of Florida, By: W. Craig Fugate W. Craig Fugate, Director Division of Emergency Management FOR THE SUBGRANTEE: Collier Coun _ty Public Utilities (Waste Water) (Subgrantee) (Name) Chairman, Board of County Commissioners (Title) (Date) Federal Employer ID No. (Date) Public Assistance Pro.am Program Description 02-RM-'2~09-21-20-016 Contract Number Page 23 23 FSm-~393-DmT~ XG[~a IT£M MAR 2 6 2002 ATTACI~IEN"I' A FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS DPZISION OF E~IERGENCY 3iA_NAGE3LENT Reaues~ for Advan, ce or Reirnbursemem for PuNic Assistance Feds DISASTER # PROGRAM: Public Assiskance SUBGRA.NTEE NAME: FIPS'~ ADDRESS: STATE: Florida ZIP CODE: PAYMENT NO(S'~: DCA AGREEMENT #' DCA USE ONLY PW ELIGIBLE PREVIOUS C~NU- APPROVED AMOL:.~'T PA'~LMEN'T S REQLVEST FOR PAYMEN'T COMMENTS pwr: CATEGORY % COMPLETE pW= CATEGORY % COMPLETE PW= CATEGORY % COMPLETE CATEGORY % COMPLETE PV,"= CATEOORY % COMPLETE-- , TOTAl_ CUT,.R.ENT REQL~ST $ that m thc best c£my k~,o,a'lc~e ~c belie." ~c above accou~.~ are con-ec~ :md th. at all ~isbursemcnts w~: ma,ze m ~ccraa.~.c~ ~q~ z!~ con~.itmns o£~he DCA a~eeraer, t ~.C pa?mere ~s due a~.c .~as not been p,-~viously requeste~i *.'or mese amour, rs. TITLE: ~.~: AL'THOR.IZING AGENt SIGNATURE: TO BE COiV~LETED BY DEPARTMENT OF COIv[MLLNTI-Y AFFAIRS (DCA'I APPROVED FOR .4.D ML-S,'I ST R.-~ T ~'T COST T O T.,-M_ PAY~IEN'T GOVERNOR'S ALU-HORIZED REPRESENTATIYE DATE ,0. I lo MAR 2 6 200Z PG. ATTACHMENT B PAGE OF__PAGES Applicant FLOR!DA Di~/ISION OF EMERGENCY MANAGEi ,IENT SUMMARY OF DOCUMENTATION ~ SUPPORT OF ,~MOL':~T CLAIMED FOR ELIGIBLE DISASTER WORK Disaster No ................ DCA Agreement No. FIPS No. PW No. ApplicanCs Re£erence Ne. D~li','ery Date m' DOCUMENTATION .-Vnoun~ (~"r~ar Voucher. Clarm ar'~,,cles or LI.~ Dot, mere:mort {At~piiea.n(s pay'mil..mate'na] out of or Sch~ul¢ No I perI-orrn an ce s~-r'~q ¢ es. owned equipment and name o f vendor or conrrac:or I by categ, e~' and ~me :tern me approv~ pro jet: applicanon and g~ve a brier' de$ertpnon of d~e amcl~ or [ 1 I I 1 TOTAL TOTAL A ser~amte form will be prepared for each HAR 2 G 20O2 EXECUTIVE SUMMARY ADOPT A RESOLUTION APPROVING THE SATISFACTION OF LIENS FOR SOLID WASTE RESIDENTIAL ACCOUNTS WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND SAID LIENS ARE SATISFIED IN FULL FOR THE 1991 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS. FISCAL IMPACT IS $22.50 TO RECORD THE LIENS. OBJECTIVE: Adopt a Resolution approving the Satisfaction of Liens for residential accounts where the County has received payment in full for the 1991 Solid Waste Collection Services Special Assessments. CONSIDERATIONS: Resolution No. 93-29 adopted by the Board on January 26, 1993 provided for the recording of the list of 1991 delinquent solid waste collection and disposal services special assessments and a mailing of a written notice of the imposition of each residential unit lien. Resolution No. 93-29 was recorded on February 1, 1993 in Official Record Book 1793, Pages 459 through 598 of the Official Records of Collier County, Florida, which placed a lien on certain residential properties for the 1991 Solid Waste Collection Services Special Assessments. Collier County Ordinance No. 90-30, as amended, provides that Satisfaction of Liens shall be approved by Resolution. The attached Resolution lists the 2 accounts that have paid in full for the 1991 Solid Waste Collection Services Special Assessment Liens. FISCAL IMPACT: The fiscal impact for recording the Satisfaction of Liens and the Resolution is approximately $22.50, which is to be charged to (Fund 473) Public Utilities/Mandatory Solid Waste. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with these items. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolution approving the 2 Satisfaction of Liens for the accounts listed in the Resolution and authorizing the Chairman to sign these 2 Satisfaction of Liens for the 1991 Solid Waste Collection Services Specia~ Assessment Liens. MAR 2 G 200 Prepared by: Reviewed by: Reviewed by: Approved by: Pam Callis, Revenue Supervisor Utility Bil!ing and Customer Service Teresa A. Riesen, Revenue Manager Utility Billing and Customer Service John A. Yonk0~k~, Director~..-~ Utility Billin'~-~d Customer Service Tom Wides, Interim Administrator Public Utilities Division Date: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 4O 41 42 43 44 45 46 47 48 RESOLUTION NO. 2002 A RESOLUTION APPROVING SATISFACTION OF LIENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1991 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the Board of County Commissioners on January 26, 1993 adopted Resolution No. 93-29 authorizing the recording of notices of liens for the delinquent solid waste collection and disposal services special assessments for 1991; and WHEREAS, Resolution No. 93-29, was recorded on February 1, 1993 in Official Record Book 1793, Pages 459 through 598 of the Official Records of Collier County. Florida, which placed a lien on certain properties for the delinquent solid waste collection and disposal services special assessments for 1991; and WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board to approve by Resolution and record in the Official Records a Satisfaction of Liens on all accounts that have been paid in full. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance No. 90-30, as amended, the Board recognizes full payment and receipt of the 1991 Service Year Solid Waste Collection and Disposal Special Assessments for the following accounts numbered below, subsequent to the adoption of Resolution No. 93-29, whereupon a lien had been recorded on real propeFty pertaining to the accounts identified herein. The Satisfactions of Lien attached hereto referencing the accounts identified herein are hereby approved and the Chairman is hereby authorized to sign on behalf of the Board of County Commissioners, and the Clerk is directed to record this Resolution and these Satisfactions of Lien individually in the official records of Collier County: Account No. 86257 Account No. 100706 This Resolution adopted this __ second and majority vote day of 2002, after motion, " 'AGENDA IT[M , 1 HAR 2 6 2002 1 ATTEST: DWIGHT E. BROCK, CLERK .3 4 Approved as to form and David C. W~e'[ County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: JAMES N. COLE-I-FA, CHAIRMAN EXECUTIVE SUMMARY ADOPT A RESOLUTION 'APPROVING THE SATISFACTION OF LIENS FOR SOLID WASTE RESIDENTIAL ACCOUNTS WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND SAID LIENS ARE SATISFIED IN FULL FOR THE 1992 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS. FISCAL IMPACT IS $42.00 TO RECORD THE LIENS. OBJECTIVE: Adopt a Resolution approving the Satisfaction of Liens for residential accounts where the County has received payment in full for the 1992 Solid Waste Collection Services Special Assessments. CONSIDERATIONS: Resolution No. 94-668 adopted by the Board on September 13, 1994 provided for the recording of the list of 1992 delinquent solid waste collection and disposal services special assessments and a mailing of a written notice of the imposition of each residential unit lien. Resolution No. 94-668 was recorded on September 19, 1994 in Official Record Book 1986, Pages 766 through 942 of the Official Records of Collier County, Florida, which placed a lien on certain residential properties for the 1992 Solid Waste Collection Services Special Assessments. Collier County Ordinance No. 90-30, as amended, provides that Satisfaction of Liens shall be approved by Resolution. The attached Resolution lists the 6 accounts that have been paid in full for the 1992 Solid Waste Collection Services Special Assessment Liens. FISCAL IMPACT: The fiscal impact for recording the Satisfaction of Liens and the Resolution is approximately $42.00, which is to be charged to (Fund 473) Public Utilities/Mandatory Solid Waste. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with these items. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolution approving the 6 Satisfaction of Liens on the account listed in the Resolution and authorizing the Chairman to sign these 6 Satisfaction of Liens for the 1992 Solid Waste Collection Services Special Assessment Liens. AG£NDA [ T£1'~ ,0. /G d-., 1 MAR 2 6 ZOOZ Prepared by: Pam Callis, Revenue Supervisor Utility Billing and Customer Service Reviewed by: Teresa A. Riesen, Revenue Manager Utility Billing and Cu.s!omer Service Johr:i A Yonl~osky, Director--' UtilitY ~BHHng and Customer Service Tom Wides, Interim Administrator ~ublic Utilitios Division Date: Date: Date: m AC,~: NDA IT£H ,o.. /~,d_, MAR 2 G 2002 PG, 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 23 24 25 26 27 28 29 30 31 32 33 RESOLUTION NO. 2002 - A RESOLUTION APPROVING SATISFACTION OF LIENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1992 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS. WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the Board of County Commissioners on September 19, 1994 adopted Resolution No. 94-668 authorizing the recording of notices of liens for the delinquent solid waste collection and disposal services special assessments for 1992; and WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board to approve by Resolution and record in the Official Records a Satisfaction of Lien on all accounts that have been paid in full. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance No. 90-30, as amended, the Board recognizes full payment and receipt of the 1992 Service Year Solid Waste Collection and Disposal Special Assessment for the following accounts numbered below, subsequent to the adoption of Resolution No. 94-668, whereupon a lien had been recorded on real property pertaining to tl~e accounts identified herein. The Satisfactions of Lien attached hereto referencing tl~e accounts identified herein are I~ereby approved and the Chairman is hereby autl~orized to sign on behalf of the Board of County Commissioners, and tl~e Clerk is directed to record this Resolution and these Satisfactions of Lien individually in tl~e official records of Collier County: 34 35 36 37 38 39 40 41 42 43 44 Account No. 851 Account No. 3751 Account No. 27054 Account NO. 190408 Account No. 129156 Account No. 145907 This Resolution adopted this __ second and majority vote. ATTEST: DWIGHT E. BROCK, CLERK 45 46 47 Approved as to form and 48 I~ncy: 5 .~l~avid C. W~cJ~l 5~ County Attorney day of ,2002, after motion, BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: JAMES N. COLETTA, CHAIRMAN AG[ I~A IT[Il lIAR 2 6 aaz PG. ~ EXECUTIVE SUMMARY ADOPT A RESOLUTION APPROVING THE SATISFACTION OF LIENS FOR SOLID WASTE RESIDENTIAL ACCOUNTS WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND SAID LIENS ARE SATISFIED IN FULL FOR THE 1993 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS. FISCAL IMPACT IS $52.50 TO RECORD THE LIENS. OBJECTIVE: Adopt a Resolution approving the Satisfaction of Liens for residential accounts where the County has received payment in full for the 1993 Solid Waste Collection Services Special Assessments. CONSIDERATIONS: Resolution No. 94-694 adopted by the Board on September 20, 1994 provided for the recording of the list of 1993 delinquent solid waste collection and disposal services special assessments and a mailing of a written notice of the imposition of each residential unit lien. Resolution No. 94-694 was recorded on September 22, 1994 in Official Record Book 1987, Pages 1514 through 1749 of the Official Records of Collier County, Florida, which placed a lien on certain residential properties for the 1993 Solid Waste Collection Services Special Assessments. Collier County Ordinance No. 90-30, as amended, provides that Satisfaction of Liens shall be approved by Resolution. The attached Resolution lists the 7 accounts that have been paid in full for the 1993 Solid Waste Collection Services Special Assessment Liens. FISCAL IMPACT: The fiscal impact for recording the Satisfaction of Liens and the Resolution is approximately $52.50, which is to be charged to (Fund 473) Public Utilities/Mandatory Solid Waste. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with these items. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolution approving the 7 Satisfaction of Liens for the accounts listed in the Resolution and authorizing the Chairman to sign the 7 Satisfaction of Liens for the 1993 Solid Waste Collection Services Special Assessment Liens. Prepared by: Reviewed by: Reviewed by:_ Approved by: Para Callis, Revenue Supervisor Utility Billing and Customer Service ," .,..;,./: " ., ~eresa A. Riesen, Revenue Manager Ut~y Billing and C~st~mer Service John A. y. pn'~esky, Directg[--/ Utility BilliBg-~nd Customer Service Tom Wid(~s, Interim Administrator Public Utilities Division Date: NO. //,~ ~-~- ,. HAR 2 6 2002 7 8 9 10 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 4O 41 42 43 44 45 46 47 48 49 5O 51 RESOLUTION NO. 2002- A RESOLUTION APPROVING SATISFACTION OF LIENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1993 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the Board of County Commissioners on September 20, 1994 adopted Resolution No. 94-694 authorizing the recording of notices of liens for the delinquent solid waste collection and disposal services special assessments for 1993; and WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board to approve by Resolution and record in the Official Records a Satisfaction of Lien on all accounts that have been paid in full. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance No. 90-30, as amended, the Board recognizes full payment and receipt of the 1993 Service Year Solid Waste Collection and Disposal Special Assessment for the following accounts numbered below, subsequent to the adoption of Resolution No. 94-694. whereupon a lien had been recorded on real property pertaining to the accounts identified herein. The Satisfactions of Lien attached hereto referencing the accounts identified herein are hereby approved and the Chairman is hereby authorized to sign on behalf of the Board of County Commissioners, and the Clerk is directed to record this Resolution and these Satisfactions of Lien individually in the official records of Collier County: Account No. 165 Account No. 21966 Account No. 24989 Account No. 25522 Account No. 28891 Account No. 30067 Account No. 30070 This Resolution adopted this __ day of 2002, after motion, second and majority vote. ATTEST: DWIGHT E. BROCK, CLERK 7 $ 9 I0 Approved as to form and 14./¢' Oavid-"C. W,,efgel tsU County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: JAMES N. COLE-FI-A, CHAIRMAN ,o. /~ ~ O, MAR 2 6 200~ PG., ~' EXECUTIVE SUMMARY ADOPT A RESOLUTION APPROVING THE SATISFACTION OF LIENS FOR SOLID WASTE RESIDENTIAL ACCOUNTS WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND SAID LIENS ARE SATISFIED IN FULL FOR THE 1994 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS. FISCAL IMPACT IS $64.50 TO RECORD THE LIENS, OBJECTIVE: Adopt a Resolution approving the Satisfaction of Liens for residential accounts where the County has received payment in full for the 1994 Solid Waste Collection Services Special Assessments. CONSIDERATIONS: Resolution No. 95-475 adopted by the Board on August 22, 1995 provided for the recording of the list of 1994 delinquent solid waste collection and disposal services special assessments and a mailing of a written notice of the imposition of each residential unit lien. Resolution No. 95-475 was recorded on September 14, 1995 in Official Record Book 2099, Pages 1338 through 1574 of the Official Records of Collier County, Florida, which placed a lien on certain residential properties for the 1994 Solid Waste Collection Services Special Assessments. Collier County Ordinance No. 90-30, as amended, provides that Satisfaction of Liens shall be approved by Resolution. The attached Resolution lists the 9 accounts that have been paid in full for the 1994 Solid Waste Collection Services Special Assessment Lien. FISCAL IMPACT: The fiscal impact for recording the Satisfactions of Liens and the Resolution is approximately $64.50, which is to be charged to (Fund 473) Public Utilities/Mandatory Solid Waste. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with these items. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolution approving the 9 Satisfaction of Liens for the accounts listed in the Resolution and authorizing the Chairman to sign the 9 Satisfaction of Liens for the 1994 Solid Waste Collection Services Special Assessment Liens. .o._ HAR 2 6 Prepared by: -%.~-,.,..,~ - - Pam Callis, Revenue Supervisor Utility Billing and Customer Service Reviewed by: J' ~: ..,.-. ~'i/' ~.~-~J-~ Teresa A. Riesen, Revenue Manager Utility Billing and Customer Service Reviewed by: "~%-- - Johri A. Yonkosky,'- Director Ubhty_Bdhng and Customer Serwce ed ,: Tom Wides, Interim Administrator Public Utilities Division Date: ~ ~.' '-?- RESOLUTION NO. 2002- A RESOLUTION APPROVING SATISFACTION OF LIENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE i994 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESS~IENTS. WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the Board of County Commissioners on August 22, 1995 adopted Resolution No. 95-475 authorizing the recording of notices of liens for the delinquent solid waste collection and disposal services special assessments for 1994; and WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board to approve by Resolution and record in the Official Records a Satisfaction of Lien on all accounts that have been paid in full. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance No. 90-30, as amended, the Board recognizes full payment and receipt of the 1994 Service Year Solid Waste Collection and Disposal Special Assessment for the following accounts numbered below, subsequent to the adoption of Resolution No. 95-475, whereupon a lien had been recorded on real property pertaining to the accounts identified herein. The Satisfactions of Lien attached hereto referencing the accounts identified herein are hereby approved and the Chairman is hereby authorized to sign on behalf of the Board of County Commissioners, and the Clerk is directed to record this Resolution and these Satisfactions of Lien individually in the official records of Collier County: 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 40 41 Account No. 181 Account No. 628 Account No. 3230 Account No. 12027 Account No. 12917 Account No. 20802 Account No. 24028 Account No. 27025 Account No. 27371 This Resolution adopted this motion, second and majority vote. day of 2002, after 42 43 44 45 AGENDA NO. Ib~__. MAR 2 6 2002 PG. ~,~ A'FI'EST: DWIGHT E. BROCK, CLERK Approved as to form and ~cy: l_~'¢David ~. V'g'eigel County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: JAMES N. COLE'FI-A, CHAIRMAN AGENDA NO. //,, (~ ! HAR 2 G 2002 EXECUTIVE SUMMARY ADOPT A RESOLUTION APPROVING THE SATISFACTION OF LIENS FOR SOLID WASTE RESIDENTIAL ACCOUNTS WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND SAID LIENS ARE SATISFIED IN FULL FOR THE 1995 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS. FISCAL IMPACT IS $88.50 TO RECORD THE LIENS. OBJECTIVE: Adopt a Resolution approving the Satisfaction of Liens for residential accounts where the County has received payment in full for the 1995 Solid Waste Collection Services Special Assessments. CONSIDERATIONS: Resolution No. 2000-236 adopted by the Board on August 1, 2000 provided for the recording of the list of 1995 delinquent solid waste collection and disposal services special assessments and a mailing of a written notice of the imposition of each residential unit lien. Resolution No. 2000-236 was recorded on August 8, 2000 in Official Record Book 2707, Pages 3195 through 3273 of the Official Records of Collier County, Florida, which placed a lien on certain residential properties for the 1995 Solid Waste Collection Services Special Assessments. Collier County Ordinance No. 90-30, as amended, provides that Satisfaction of Liens shall be approved by Resolution. The attached Resolution lists the 13 accounts that have been paid in full for the 1995 Solid Waste Collection Services Special Assessment Lien. FISCAL IMPACT: The fiscal impact for recording the Satisfactions of Liens and the Resolution is approximately $88.50, which is to be charged to (Fund 473) Public Utilities/Mandatory Solid Waste. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with these items. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolution approving the 13 Satisfaction of Liens for the accounts listed in the Resolution and authorizing the Chairman to sign the 13 Satisfaction of Liens for the 1995 Solid Waste Collection Services Special Assessment Liens. Prepared by: Reviewed by: Reviewed by: Approved by: Pam Callis, Revenue Supervisor Utility ~illing and.Customer Service Teresa A. Riesen, Revenue Manager Utility Billing and Customer Service John A. ¥o'~kosk'~, ~.rector : Utility Bill'ing..and¢Custoj~er Seryice'~ Tom Wj~s, Interim Administrator Public Utilities Division Date: Date: / iAG£NOA .0.~'/? ~ HAR 2 6 2002 PG. RESOLUTION NO. 2002- A RESOLUTION APPROVING SATISFACTION OF LIENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1995 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the Board of County Commissioners on August 1, 2000 adopted Resolution No. 2000-236 authorizing the recording of notices of liens for the delinquent solid waste collection and disposal services special assessments for l: 1995; and ts WHEREAS, Resolution No. 2000-236, was recorded on August 8, 2000 in 14 Official Record Book 2707, Pages 3195 through 3273 of the Official Records of i5 Collier County, Florida, which placed a lien on certain properties for the 16 delinquent solid waste collection and disposal services special assessments for I$ 19 2O 21 26 29 3O 32 ~5 56 3? 35 ~9 1995; and WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board to approve by Resolution and record in the Official Records a Satisfaction of Liens on all accounts that have been paid in full. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance 90-30, as amended the Board recognizes full payment and receipt of the 1995 Service Year Solid Waste Collection and Disposal Special Assessments for the following accounts numbered below, subsequent to the adoption of Resolution No. 2000-236, whereupon a lien had been recorded on real property pertaining to the accounts identified herein. The Satisfactions of Lien attached hereto referencing the accounts identified herein are hereby approved and the Chairman is hereby authorized to sign on behalf of the Board of County Commissioners, and the Clerk is directed to record this Resolution and these Satisfactions of Lien individually in the official records of Collier County: Account No. 217 Account No. 534 Account No. 783 Account No. 3489 Account No. 3816 Account No. 4323 Account No. 7139 Account No. 13437 Account No. 15024 Account No. 16405 Account No. 22075 Account No. 28370 Account No. 28561 1 4 5 6 7 $ 9 10 II 12 13 14 15 This Resolution adopted motion, second and majority vote. DATED: ATTEST: DWIGHT E. BROCK, CLERK 16 17 18 ~9 Approved as to form and 20 Io~_~u~ncy: _O/County Attorney this day of .2002 after BOARD OF COMMISSIONERS COLLIER COUNTY, FLORIDA BY: JAMES N. COLE-I-FA, CHAIRMAN ~GEMOA ITEM NAR 2 6 2002 PG. EXECUTIVE SUMMARY ADOPT A RESOLUTION APPROVING THE SATISFACTION OF LIENS FOR SOLID WASTE RESIDENTIAL ACCOUNTS WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND SAID LIENS ARE SATISFIED IN FULL FOR THE 1996 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS. FISCAL IMPACT IS $100.50 TO RECORD THE LIENS, OBJECTIVE: Adopt a Resolution approving the Satisfaction of Liens for residential accounts where the County has received payment in full for the 1996 Solid Waste Collection Services Special Assessments. CONSIDERATIONS: Resolution No. 2000-237 adopted by the Board on August 8, 2000 provided for the recording of the list of 1996 delinquent solid waste collection and disposal services special assessments and a mailing of a written notice of the imposition of each residential unit lien. Resolution No. 2000-237 was recorded on August 8, 2000 in Official Record Book 2708, Pages 0199 through 0309 of the Official Records of Collier County, Florida, which placed a lien on certain residential properties for the 1996 Solid Waste Collection Services Special Assessments. Collier County Ordinance No. 90-30, as amended, provides that Satisfaction of Liens shall be approved by Resolution. The attached Resolution lists the 15 accounts that have been paid in full for the 1996 Solid Waste Collection Services Special Assessment Lien. FISCAL IMPACT: The fiscal impact for recording the Satisfactions of Liens and the Resolution is approximately $100.50, which is'to be charged to (Fund 473) Public Utilities/Mandatory Solid Waste. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with these items. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolution approving the 15 Satisfaction of Liens for the accounts listed in the Resolution and authorizing the Chairman to sign the 15 Satisfaction of Liens for the 1996 Solid Waste Collection Services Special Assessment Liens. Prepared by: Reviewed by: Reviewed by: Approved by: Pam Callis, Revenue Supervisor Utility Billing and Customer S. ervice Teresa A. Riesen, Revenue Manager Ut!.!i~y Billing and Customer Service John A. Yonk'o~sky, Director .i~ mer' '- Service Utility ~7¢,~° Tom ~des, Interim Administrator Public Utilities Division Date: Date: Date¢-~~'~/' MAR26 OO2 RESOLUTION NO. 2002- A RESOLUTION APPROVING SATISFACTION OF LIENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1996 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the Board of County Commissioners on August 1, 2000 adopted ]0 Resolution No. 2000-237 authorizing the recording of notices of liens for the delinquent solid waste collection and disposal services special assessments for 1996; and 13 WHEREAS, Resolution No. 2000-237, was recorded on August 8, 2000 in ~4 Official Record Book 2708, Pages 0199 through 0309 of the Official Records of Collier County, Florida, which placed a lien on certain properties for the delinquent solid waste collection and disposal services special assessments for 1996; and 18 WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board to approve by Resolution and record in Official Records a Satisfaction 2o of Liens on all accounts that have been paid in full. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 22 COMMISIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier 23 County Ordinance No. 90-30, as amended the Board recognizes full payment 24 and receipt of the 1996 Service Year Solid Waste Collection and Disposal Special Assessments for the following account numbered below, subsequent to 26 the adoption of Resolution No. 2000-237, whereupon a lien had been recorded 27 on real property pertaining to the accounts identified herein. The Satisfactions of Lien attached hereto referencing the accounts identified herein are hereby 29 approved and the Chairman is hereby authorized to sign on behalf of the Board 30 of County Commissioners, and the Clerk is directed to record this Resolution and 3] these Satisfactions of Lien individually in the official records of Collier County: Account No. 615 Account No. 657 34 Account No. 6499 Account No. 7553 Account No. 8510 37 Account No. 13903 3s Account No. 14957 39 Account No. 16913 4o Account No. 19596 41 Account No. 19871 42 Account No. 24316 43 Account No. 27818 44 Account No. 28930 MAR 2 6 2002 PC,., ~ I 2 3 4 5 6 9 10 ]2 13 14 Account No. 30449 Account No. 31480 This Resolution adopted after this __ motion, second and majority vote. DATED: ATTEST: DWIGHT E. BROCK, CLERK 15 16 17 Approved as to form and ia Ler~al3uffieiency: 2~0/. .lp~ David C. ~¢Veigel ~4~__ County Attorney da3' of , 2002. after BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: JAMES N. COLE'I-FA, CHAIRMAN ~o. /~.,, ¢"'. HAR 2 6 ?.002 PG, EXECUTIVE SUMMARY APPROVE ANNUAL SERVICE CONTRACT WITH U.S. FILTER FOR MAINTENANCE AND REPAIR OF ODOR CONTROL UNITS AT THE SOUTH COUNTY WATER RECLAMATION FACILITY, IN THE AMOUNT OF $39,600.00. OBJECTIVE: That the Board of County Commissioners, Ex-Officio, the Governing Board of the Collier County Water-Sewer District approve an annual service contract with U.S. Filter in order to keep the odor control units at the South County Water Reclamation Facility (SCWRF) in optimum operating condition. CONSIDERATIONS: 1. The SCWRF utilizes three (3) chemical scrubbers for odor control of hydrogen sulfide and organic gasses that are by-products of the wastewater treatment processes. On September 26, 2000, (Agenda Item 16C6), the Board of County Commissioners approved the standardization of U.S. Filter chemical scrubbers for all Water and Wastewater Treatment Plants. 2. Due to the complex and proprietary nature of the chemical scrubbers, it is necessary to have trained technicians perform maintenance and repair of the chemical scrubbers on a regular basis. U.S. Filter offers an annual Service Contract to perform maintenance and repair of the equipment to maintain optimum perfom~ance. This Service Contract includes biweekly sen'ice checks, repair or replacement of malfunctioning equipment, the supply of chemicals required, and troubleshooting odor problems. 3. Staff recommends the approval of an Annual Ser¥ice Contract with U.S. Filter for the three (3) chemical scrubbers at the SCWRF for an annual lump sum cost of $36,000.00. 4. Staff further recommends approval of a 10% contingency (S3,600.00) to cover unforeseen acts or conditions beyond the control of the vendor (i.e., lightning strikes) which are not covered by the Service Contract. FISCAL IMPACT: Total expenditures for this contract are estimated at S39,600 and will be funded from FY02 South County Water Reclamation Facility Budget in County Water/Sevcer Operating Fund (408). GROWTH MANAGEMENT IMPACT: There is no growth management impact. RECOMMENDATION: That the Board of County Commissioners, Ex-Officio, the Governing Board of the Collier County Water-Sewer District approve the purchase of an annual Service Contract from U.S. Filter, including a 10% contingency, and authorize the Public Utilities Administrator to sign the Service Contract AGENDA ITEM.. ,, MAR 2 6 ZUUZ PAGE 2 Executive Summary Annual Se~,ice Contract ' ~--'yJ~on Pratt, SCWRF Superintendent ~jo~c neatha~, Wastewater Directo REVIEWED BY: REVIEWED BY: Purchasing Director/GS Director APPROVED BY: Thomas G. Wides, Interim Public Utilities Administrator DATE: DATE: ~- /' (2 'Z, DATE: DATE: ~3/3-/o ~ EXECUTIVE SUMMARY APPROVE WORK ORDER GH-FT-02-4 WITH GREELEY AND HANSEN LLC, FOR THE GROWTtt MANAGEMENT PLAN - SANITARY SEWER AND POTABLE WATER SUB-ELEMENTS UPDATE AND RECLAIMED WATER SUB-ELEMENT, PROJECTS 70070 AND 73066, IN THE AMOUNT OF $112,500. OBJECTIVE: To update the existing 1997 Collier County Growth Management Plan for Potable Water, Sanitary Sewer, and Reclaimed Water. CONSIDERATIONS: The County's Growth Management Plan for Potable Water and Sanitary Sewer Sub-elements was last updated in 1997. The State requires that all Growth Management Plans to be updated every five years. This 2002 update will cover the period through 2007. An updated Sanitary Sewer Sub-element, an updated Potable Water Sub- element, and a new Reclaimed Water Sub-element of the Growth Management Plan will be prepared using the same format as the current sub-elements, which were prepared in 1997. The updated and new sub-elements will include sections for background information about relevant terms and concepts, the regulatory framework, existing conditions and facilities, present and future needs, and recommendations for meeting the needs during the planning period for the County's sanitary sewer, reclaimed water and potable water systems. The work includes preparing legal descriptions and a map for the proposed \Vater-Sewer District boundary to incorporate the Rural Transition Areas. The assessment and recommendations for future needs will be based on the 2001 Wastewater and Water Master Plan Updates which were adopted by the Board on December 11, 2001. Staff has negotiated a scope of work and fees under our Annual Fixed Term Utilities Engineering Services Contract 00-3119 with Greeley and Hansen LLC. Proposed fees for the Work Order GH-FT-02-4 attached are summarized as follows: Task 1-Sanitary Sewer Sub-element Update Task 2-Potable Water Sub-element Update Task 3-Reclaimed Water Sub-element Update Task 4-Prepare Legal Description Task 5-Additional Services Allowance TOTAL (Proposed) $ 30,900 $ 27,420 $ 32,740 $ 12,960 $ 8,480 $112,500 FISCAL IMPACT: No funds are currently budgeted. Budget amendments are required to transfer funds from other projects in the amount of $112,500. Source of funds are County Water and Wastewater Impact Fees. PG, '! Executive Summary Approve WO#GH-FT-02-4 for Groxvth Management Plan Updates Page 2 of 2 For the water portion, $38,140 is to be transferred from Project 70892 (South County Water Plant Wellfield Expansion/Easement Acquisition) to Project 70070 (Water Master Plan Update). For the xvastewater portion, $74,360 is to be transferred from Project 73948 (North County Wastewater Deep Injection Well) to Project 73066 (Wastewater Ivlaster Plan Update). GROWTH MANAGEMENT IMPACT: This project will update the 1997 Growth Management Plan sub-elements for potable water, sanitary sewer, and reclaimed water. RECO,51MENDATIONS: Staff recommends that the Board of County Commissioners, as the Ex-Officio governing board of the Collier Count)' Water- Sewer District, approve Work Order #GH-FT-02-4, and authorize the Public Utilities Administrator to execute this work order with Greeley and Hansen LLC for the Growth Management Plan - Sanitary Sewer and Potable Water Sub- elements Update and Reclaimed Water Sub-element, and approve the necessary budget amendments. PREPARED BY: · /')':'~, ~ c '" c_-:W.---- DATE: Mohan V. Thampi, P.E., Senior Project Manager Public Utilities Engineering Department / REVIEWED BY: APPROVED BY: DATE: Roy B. Anderson, P.E., Director Public Utilities Engineering Department DATE: dChomas G. Wides, P.E., Interim Administrator Public Utilities Division / / ./' WORK. ORI)I,;I{ ~ till-l, 1-uz-4 Agreement for Fixed Term Utilities Engineering Services Contract #00-3119 Dated April 10, 2001 This Work Order is for professional engineering services for work known as: Project: Growth Ma,mgcment Plan-Sanitary Sewer and Pot:al}lc Water Suhelements Update and Reclahned Water Suhelement The work is specified in the proposal dated March 7, 2002, which is attached hereto and made a part of this Work Order. In accordance with the Terms and Conditions of the Agreement referenced above, Work Order #GH-FT-02-4 is assigned to Greeley and Hansen LLC. Scope of Work: Task I - Sanitary Sewer Subelernent Update Task 2 - Potable Water Subelement Update Task 3 - Reclaimed \Voter Subelement Task 4 - Prepare Legal Description and Map for New Water-Sewer District Boundary Task 5 - Additional Services Allowance Tasks shall be conducted as indicated in the attached Greeley and Hansen LLC proposal with detailed description of the subtasks in Exhibit A. Schedule of Work: Complete Task I through 4 within 15 weeks from the Notice to Proceed authorizing start of work. Compensation: In accordance with Article Five of the Agreement, the County will compensate the Firm in accordance with the negotiated time and material sum amount indicated in the schedule below (if a task is time and material, so indicate and use the established hourly rate(s) as enumerated in Schedule "A" of the Task I $ 30,900 (lump sum) Task 2 $ 27,420 (lump sum) Task 3 $ 32,740 (lump sum) Task 4 $ 12,960 (lump sum) Task 5 $ 8,480 (time & material) TOTAL FEE S112,500 Agreement). Any change within monetary authority of this \Vork Order made subsequent to final department approval will be considered an additional service and charged according to Schedule "A" of the Agreement. Mohan V. Tbampi, P.E., Senior Project Managcr / ~atc Public Utilities Engineering Department AUTHORIZED BY: ,.,~/v.) .~.~ Roy B( Anderson, P.E., Director / Date Publi4 Utilities Engineering Department APPROVED BY: Thoma~ G. Wides, Interim Administrator Publi'~ Utilities Division / / '?/l?/c '_~ Dat~ Date: '3 ' ( 2, ' c'2.._ ATTEST: Type Name and Title Greeley and llansen LLC Name of Firm By: Roger S. ltowell, P.E.. Associate MVT:mvt Project 73066 and 70070 - Growth Management Plan - Sanitary Sewer and Potable Water Subclcmcnts Update and Reclai ed NO.~ Water Subelement HAR 2 2002 EXHIBIT A COLLIER COUNTY GOVERNMENT PUBLIC UTILITIES ENGINEERIN'G DEPARTMENT "~ork Order # GH-FT-02-4 Growth Management Plan Public Facilities Element Sanitary Sewer and Potable Water Subelements Update and Reclaimed Water Subelement Scope of Services Greeley and Hansen LLC March 7, 2002 Greeley and Hansen LLC, herein referred to as ENGINEER, shall perform engineering services for Coilier County, herein referred to as COUNTY, associated with updates to the Sanitary Sewer Subelement and Potable Water Subelement and preparation of a new Reclaimed \\?ater Subelement of the COL:~TY's Growth Management Plan for the Public Facilities Element, herein referred to as the PROJECT. This work order shall be completed in accordance with the terms of Contract 00-3119, herein referred to as CONTRACT. The deliverables for the PROJECT shall be an updated Sanitary Sewer Subelement, an updated Potable \\rater Subelement and new Reclaimed Water Subelement of the Growth Management Plan Public Facilities Plan. The updated and new subelements will be prepared using the same format as the cun'ent subelements, which were prepared in 1997. The updated and new subelements will include sections for background information about relevant terms and concepts, the regulatory framework, existing conditions and facilities, present and future needs, and recommendations for meeting the needs during the planning period for the COUNTY's sanitary sev,'er, reclaimed water and potable v,,ater systems. The planning period is based on the State's requirement that all Grov,'th Management Plans are to be updated every five ),,'ears. This PROJECT covers the period through 2007. The assessment and recommendations for future needs v,,ill be based the recently adopted 2001 Wastewater and Water Master Plan Updates, prepared by ENGINEER and adopted by the Board of County Commissioners on December 11, 2001. The PROJECT consists of four tasks: Task 1, Wastewater Subelement Update; Task 2, Potable Water Subelement Update; Task 3, Reclaimed Water Subelement and Task 4, Additional Services Allowances. A detailed description of the tasks is provided below. Monthly partial payments for the lump sum services for Tasks 1, 2, 3 and 4 will be invoiced based on the percentage of services completed. Payment for Task 5 services will be invoiced based on time and materials in accordance with CONTRACT hourly rates and invoices received from sub-consultants. Page 1 of 6 AGENDA ITt 5 NO. /~' ~ SubElemScope P6 · Z.~ The schedule for completion of each task is shown at the end of the task description. Fees and completion dates are based on the assumption that COUNTY will provide electronic copies of the figures, in AutoCAD "dxf" format, and text files, "Word" format, of the existing Sanitary Sewer Subelement and Potable Water Subelement. ENGINEER will attend up to two public meetings related to preparation of the updated subelements. TASK 1 - SANITARY SEWER SUBELEMENT UPDATE TASK 1.1 - LFPDATE GENERAL DESCRIPTIONS AND REGULATORY FRAMEWORK Update general description of COUNTY wastewater system and the regulatory framework of the federal, state and local statutes and standards under which the system is operated. TASK 1.2 - UPDATE DESCIPTIONS AND MAPS OF EXISTING SANITARY SEWER SYSTEMS AND FACILITIES Gather and review current information on privately owned wastewater systems, including available maps, customer information, flow data, and wastewater treatment plant information. Provide updated descriptions, graphs and figures of COUNTY's existing sanitary sewer systems, to include both public sector and private sector systems. Provide updated mapping to show the current Sewer District boundaries and areas served by sewers based on information received for the private systems and the information presented in the 2001 Wastewater Master Plan Update, as prepared by Greeley and Hansen, revised November 2001. All graphs, figures, and maps will be prepared in black and white format sized for printing on 8-1/2-inch x il-inch paper. The number of graphs, figures, and maps will be no more than the number in the existing Sanitary Sewer Subelement. Provide summaries of COL~'TY and privately-owned wastewater treatment plant flows and capacities. TASK 1.3 - UPDATE LEVEL OF SERVICE ANT) NEEDS ASSESSM]ENT Update the existing level of service descriptions for the public and private sector sewer systems based on information received for the private systems and the 2001 Wastewater Master Plan Update. Update the descriptions of system capacities based on growth projections and system improvements presented in the 2001 Wastewater Master Plan Update. Field measurements, surveys or on-site investigations of the sewer systems are not included in the PROJECT. TASK 1.4 - UPDATE SERVICE SUMMARY AND RECOMM'ENrDATIONS Update the written summary of the level of service for the public and private sector sanitary sewer systems and system improvement recommendations.. Identify projects that are required to meet the projected growth needs for the next five },ears based on the 2001 Wastewater Master Plan Update. Ar.,£ NO A ITCH SubElemScope Page 2 of 6 TASK 1.5 - UT'DATE GOALS. OBJECTIVES AND POLICIES Update the current goals, objectives and policies for the Sanitary Sewer Subelement. The updated goals, objectives and policies will be based on the summary and recommendations for the sanitary sewer system. TASK 1.6 -SUBMTI' UPDATED SANITARY SEWER SUBELEMENT Submit ten copies of the draft Sanitary Sewer Subelement Update to the COU~U'Y for review. Attend up to two meetings with COUNTY to present the draft update and respond to comments. Prepare and submit ten copies plus an electronic copy of the final Sanitary Sewer Subelement Update. Attend one Board meeting for adoption of the updated subelement. TARGET COMPLETION DATE: June 28, 2002 LL~IP SUM AMOUNT FOR TASK 1: $30,900 TASK 2 - POTABLE WATER SUBELEMENT UPDATE TASK 2.1 - UPDATE GENERAL DESCRIPTIONS A-NrD REGULATORY FRAMEWORK Update _oeneral description of COU,'N'TY's potable water system and the regulatory framework of t~e federal, state and local statutes and standards under which the system is operated. TASK 2.2 - UT'DATE DESCRIPTIONS ANT) MAPS OF EXISTENG POTABLE WATER SYSTEMS AND FACILITIES Gather and review current information on privately-owned water systems, including available maps, customer information, demand data, and water treatment plant information Provide updated graphs and figures of the COUNTY's existing water system, to include both public sector and private sector systems. Provide updated mapping to show the current Water District boundaries and areas served by water systems based on the information collected for the private systems and information presented in the 2001 Water Master Plan Update, prepared by Greeley and Hansen, dated October 2001. All graphs, figures, and maps will be prepared in black and white format sized for printing on 8-1/2-inch x il-inch paper. The number of graphs, fitures, and maps will be no more than the number in the existing Potable Water Subelement. P~'ovide summaries of COUNTY and privately-owned water treatment plant flows and capacities. TASK 2.3 - UPDATE LEVEL OF SERVICE AND NrEEDS ASSESSMENT Update the existing level of service provided by the public and private sector water systems based on information received for the private systems and the 2001 Water Master Plan Update. Update.the descriptions of system capacities based on growth projections and system improvements presented in the 2001 Water Master Plan Update. Field measurements, surveys or on-site investigations of the water systems are not included the PROJECT. AC~:I~ A IT£ NO. /G ~ MAN 2 G Z002 Page 3 of 6 SubElen'.Scope p~108/02~ TASK 2.4 - UPDATE SERVICE SUMMARY AND RECOMMENDATIONS Update the written summary of the level of service for the public and private sector potable water systems and system improvement recommendations. Identify projects that are required to meet growth needs for the next five years based on the 2001 Water Master Plan Update. TASK 2.5 - LrPDATE GOALS. OBJECTIVES Ab,rD POLICIES Update the current goals, objectives and policies for the Potable Water Subelement. The updated goals, objectives and policies will be based on the summary and recommendations for the potable water system. TASK 2.6 -SUBMIT LrPDATED POTABLE WATER SUBELEMENT Submit ten copies of the draft Potable Water Subelement Update to the COUNTY for review. Attend up to txvo meetings with COUNTY to present the draft update and respond to comments. Prepare and submit ten copies plus an electronic copy of the final Potable Water Subelement Update. Attend one Board meeting for adoption of the updated subelement. TARGET COMPLETION DATE: June 28, 2002 LU~iP SUM AMOUNT FOR TASK 2: $27,420 TASK 3 - RECLAIMED WATER SUBELEMENT TASK 3.1 - PREPARE GENERAL DESCRIPTIONS AND REGULATORY FRAMEWORK Prepare general description of COUNTY's reclaimed water system and the regulator}' framework of the federal, state and local statutes and standards under which the system is operated. TASK 3.2 - PREPARE DESCRIPTIONS AND MAPS OF EXISTING RECLAIMED WATER SYSTEMS AND FACILITIES Gather and review current information on privately-owned reclaimed water systems, including available maps, customer information, and flow data. Provide graphs and figures of the COUNTY's existing reclaimed water system, to include both public sector and private sector systems. Provide mapping to show the current areas served by the reclaimed water systems based on the information collected for the private systems and information presented in the 2001 Wastewater Master Plan Update, prepared by Greeley and Hansen, dated September 2001 (Revised November 2001). All graphs, figures, and maps will be prepared in black and white format sized for printing on 8-1/2-inch x 11-inch paper. ACa:NO^ [re~ I .~ NO.~ MAR 9 ~ ~00~ Page 4 of 6 PG.O2.,eS.,e27 SubElemScope - - TASK 3.3 - PREPARE LEVEL OF SERVICE AND NEEDS ASSESSMENT Prepare a summary of the existing level of service provided by the public and private sector reclaimed water systems based on information received for the pr/vate systems and the 2001 Wastewater Master Plan Update. Prepare descriptions of system capacities based on growth projections and system improvements presented in the 2001 Wastewater Master Plan Update. Field measurements, surveys or on-site investigations of the reclaimed water systems are not included the PROJECT. TASK 3.4 - PREPARE SERVICE SUMMARY AND RECOMMENDATIONS Prepare a written summary of the level of service for the public and private sector reclaimed water systems and system improvement recommendations. Identify projects for system expansion and upgrades for the next five years based on COUNTY input and the 2001 Wastewater Master Plan Update. TASK 3.5 -PREPARE GOALS. OBJECTIXrES AND POLICIES Prepare the current toals, objectives and policies for the Reclaimed Water Subelement. The goals, objectives and policies will be based on the summary and recommendations for the reclaimed water system. TASK 3.6 -PREPARE RECLAEXIED WATER SL~ELEMENT Submit ten copies of the draft Reclaimed \Vater Subelement to the COUNTY for review. Attend up to m'o meetings with COUNTY to present the draft subelement and respond to comments. Prepare and submit ten copies plus an electronic copy of the final Reclaimed Water Subelement. Attend one Board meeting for adoption of the subelement. TARGET COMPLETION DATE: June 28, 2002 LU.WIP SL~'I AMOUNT FOR TASK 2:S27,420 TASK 4- PREPARE LEGAL DESCRIPTION AND MAP FOR NEW WATER-SEWER DISTRICT BOUNDARY Prepare legal descriptions and a map for the proposed Water-Sewer District boundary to incorporate the Rural Transition Areas. Up to three meetings will be held with the COUNTY to determine and assist with development of boundary line locations. Legal descriptions and maps of existing service area boundaries will be provided by COUNTY. Ten copies of draft descriptions and maps will be submitted for COUNTY review. Review comments will be incorporated and 15 final maps plotted on 24-inch by 36-inch paper will be submitted to COUNTY with 15 copies in pdf format on CD's. An electronic copy of the final legal description will be provided in Word format with 15 copies. TARGET COMPLETION DATE: May 24, 2002 SubElemScope Page 5 of 6 LUMP SUM AMOUNT FOR TASK 4:$12,960 TASK 5- ADDITIONAL SERVICES ALLOWANCE Provide additional services for development of the Potable Water Subelement Update, Sanitary Sewer Subelement Update and the Reclaimed Water Subelement of the Public Facilities Element of the COUNTY's Growth Management Plan. The additional services allowance is for services requested by the COUNTY that are determined to be beyond the scope of services outlined in Tasks 1, 2, 3 and 4 above. Additional service allowances are for those services rendered by the ENGENEER or his sub-consultant, and, under the terms and conditions of this work order, will be provided up to the limits shown below. Additional work orders will be required to perform any service beyond the limits shown below. TEMPE AND MATERIALS ALLOWANCE FOR TASK 5: $8,480 SL~EXL~RY TASK DESCRIPTION COMPLETION TIME (WEEKS) 1- Sanitary Sewer Subelement Update 15 2- Potable Water Subelement Update 15 3- Reclaimed Water Subelement 15 4- Prepare Legal Descriptions and Boundary Map for New Water- Sewer District Boundary 10 5- Additional Services Allowance TOTALS 15 TARGET COMPLETION DATE: June 28, 2002 COST $30,900 Lump Sum $27,420 Lump Sum $32,740 Lump Sum $12,960 Lump Sum $ 8,480 Time and Materials $112,500 SubElemScope Page 6 of 6 03113102 EXECUTIVE SUMMARY WAIVE FORMAL COMPETITION AND APPROVE THE PURCHASE OF 100 REMOTE TRANSMITTING UNITS FROM DATA FLOW SYSTEMS, INC. FOR MONITORING WASTEWATER LIFT STATIONS FOR THE COST OF S730,000. OBJECTIVE' To insure effective monitoring of flows and equipment ofwastewater pumping stations. CONSIDERATION: 1. Collier County has over 530 wastewater pumping stations that are not monitored tln:ough automation. Collier County Wastewater Department has a five (5) year capital plan to purchase and install SCADA equipment at all the County's wastewater pumping stations. Constant monitoring of the pmnp stations provides an efficient maturer of checking the operation of the pump stations from a centralized control center. Crews can then be dispatched to alarms long before wastewater overflows into the community. This insures that there is an added layer of protection to the public's health and safety. Collier County needs to install SCADA units to pump stations that pump to the SCWRF to monitor and control flows to the facility. This would be done in order to assist in the avoidance of overflows at the SCVvq~,F and the lift stations. o Data Flow Systems remote transmitting units are currently installed on approximately 100 wastewater lift stations at an investment of $700,000.00. The units have been installed for over five (5) years. Staff recommends that formal competition under Purchasing Policy Section V(A)3 be waived as being in the best interests of the county and approve the purchase of one hundred (100) remote transmitting units from Data Flow Systems. FISCAL IMPACT: Costs for the 100 SCADA Remote Transmitters are S730,000. Funds are available in the Wastewater Department Capital Budget. Funds are available in the Wastewater Capital Projects Fund (414) in project number 73922. GROWTH MANAGEMENT IMPACT: There will be no effect to growth management. AGENDA iTEM t4/ F 2 6 200? Pg. RECOMMENDATION: That the Board of County Commissioners, Ex-Officio, the Governing Board of the Collier County Water-Sewer District waive formal competition and the purchase of 100 SCADA units from Data Flow System' s, Inc. SUBMITTED BY' ,.~/~.,~ ,]~? Date: Siex/e Nagy, ~//astewater Collections Manager ',.~'~,~/?,,4/L/~ ~ t)-X5" ,'L tff'~'ry--- Date: REVEIWED BY: JoSeph B. Cheatham, Wastewater Director REVIEWED BY: : ~ ~: ~ ~ , ~ .~J (,.,) ~,:) ~ ? ~. Date: Stevb~rn~il. Purci~in ~/G~irector APPROVED BY: ~~ ~ '~~ Date: Thomas G. Wides, Interim Public Utilities Administrator AGENDA ITEM HAR 2 ~ ZUUZ Pg..., EXECUTIVE SUMMARY APPROVE A LICENSE AGREEMENT WITH THE MARCO ISLAND HISTORICAL SOCIETY TO DESIGNATE LAND FOR A FUTURE MUSEUM ON MARCO ISLAND. OBJECTIVE: To preserve and teach the historical significance of the community through the development of a museum system. CONSIDERATION: The Marco Island Historical Society is hopeful to develop a museum that will display artifacts, which are native to the Marco Island community including but not limited to the Calusa Indian era. In an effort to promote this endeavor the Board conceptually approved the idea of allowing the Historical Society to raise funds to construct a museum on County property adjacent to the Marco Island Branch Library during the meeting of November 13, 2001. Presently the property is utilized as a passive park area with a few benches and a gazebo. The County's willingness to designate this property for a future museum will allow the Historical Society to develop a conceptual site plan to apply for grants and raise capital funds for the project. The terms of this agreement provide for a five-year commitment to set aside the property for a museum with an additional two-year renewal clause. However if for any reason the Board needs to utilize the property for another use, the agreement provides for a six- month termination clause. The agreement also requires that staff must review all conceptual or architectural renderings since this facility is intended to be County maintained, and given this site may also be utilized for a future library expansion as well. Finally, the Historical Society must provide an annual report to the Public Services Administrator for review. This stipulation was included to ensure that fundraising efforts progress. GROWTH MANAGEMENT: Management Plan. Museums are not a required element of the Growth FISCAL IMPACT: There is no direct fiscal impact at this time. However, should the Historical Society be successful with fundraising, the operation expenses to maintain this facility would be funded from tourist development funds. RECOMMENDATION: Chairman to sign th~, agreement. PREPARED BY:~ k..",k ~(~ J, Jflf~-/ DATE: qbhn Dunnuck, Public Services Administrator That the Board of County Commissioners authorize the ' Al~endl Item MAR 2 6 ?? BARE LICENSE AGREEMEI~_ ~ THIS BARE LICENSE AGREEMENT entered into this __ day of ,2002, between the MARCO _AND HISTORICAL SOCIETY INCORPORATED. ("LICENSEE") whose mailing address is PO Box 2822, Marco Island, Florida 34146, hereinafter referred to as "HS", and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter referred to as "COUNTY" or LICENSOR. WITNESSETH THE PARTIES AGREE AS FOLLOWS: ARTICLE I. Demised Premises COUNTY agrees to license the real property described in Exhibit "A" attached hereto and made a part of this License, herein called the "Licensed Premises", situated in Collier County, Florida, for the following purpose (s): ARTICLE 2. Term of License HS is hereby licensed for a term of five (5) years commencing on April 1, 2002 and ending April 1, 2007, to use the Licensed Premises only to raise funds and to install non-permanent signs to said property because HS plans to raise funds through receipt of donations to fund future construction of a museum on the Licensed Premises. HS is hereby granted one option, provided it is not then in default of any of the provisions of this Agreement, to renew this License for one additional term of two (2) years, under the same terms and conditions as provided herein, by delivering written notice of HS' unconditional intention to do so to the County not less than thirty (30) days prior to the expiration of the License hereby created. Said notice shall be effective upon actual receipt by the COUNTY. This is a bare license with no interest coupled hereto. The Board of County Commissioners reserves the right to terminate this License, with or without cause, upon one hundred eighty (180) days prior written notice actually delivered to HS at the mailing address set forth in ARTICLE 7. Said notice shall be effective upon actual receipt by HS. ARTICLE 3. Commitment HS agrees that: 1. The Public Services Administrator or designee shall be have oversight of all conceptual and site and architectural plans relating to the proposed museum and related facilities, if any; and 2. A conceptual plan and implementation strategy for constructing the museum will be completed by the first anniversary date of this License; and 3. The HS shall deliver to the Public Services Administrator an annual written update to the Division Administrator of fundraising activities and progress development prior to April 1't of each year; and 4. HS shall strictly comply with and any all laws and regulations applicable to fund raising activities and County will not be responsible in any way for any fundraising activities or reimbursements; and 5. At the end of year five (5), HS shall provide a written update to the Board of County Commissioners; and 6. Public Services Administrator or designee shall have final approval of all proposed improvements to Licensed premises by or on behalf of HS; and 7. Any and all improvements must be in accordance with all then applicable local, State and Federal Laws, rules and regulations. ARTICLE 4. Indemnity LICENSEE accepts the Licensed Premises "as is." COUNTY does warrant that the Licensed Premises are suitable for any purposes. The COUNTY shall not be liable for any injury to any person(s) or to any property caused by the elements or by other persons at the Licensed Premises, or from the street or sub-surface, or from any other place, or for any interference caused by operatioas by or for a governmental authority in construction of any public or quasi-public works, or otherwise. Agendl Item NO.~ The COUNTY shall not be liable for any damages to or loss, including loss due to theft, of any property, occurring on the Licensed Premises or any part thereof, and HS shall hold County harmless from any claims for damages, except where such damage or injury is the result of the gross negligence or willful misconduct of the COUNTY or its employees. LICENSEE shall be responsible for the physical condition of the Licensed Premises and shall promptly notify the Public Services Administrator is any condition should arise or occur to the Licensed Premises that could result in property damage or physical injury to any individual(s) who may be present on the Licensed Premises during the term of this License. ARTICLE 5. Default by HS Failure of HS to remedy any non.compliance of this Agreement within sixty (60) days from receipt of COUNTY'S written notice stating the non-compliance shall constitute a default, whereby may, at its absolute discretion, terminate this License by giving HS thirty (30) days written notice unless the default is fully cured within that sixty(60) day notice period (or such additional time as is reasonably required to correct such default). However, the occurrence of any of the following events shall constitute a default by HS, and this License may be immediately terminated by COUNTY except to the extent then prohibited by law: (a) Falsification of HS or an agent of HS any report required to be furnished to COUNTY pursuant to the terms of this Lease. ~,b) Filing of insolvency, reorganization, plan or arrangement of bankruptcy. In the event of the occurrence of any of the foregoing defaults in this ARTICLE 5, COUNTY, in addition to any other rights and remedies it may have, shall have the immediate right to re-enter and remove all signs from the Licensed Premises. Such property may be removed and stored in a public warehouse or elsewhere at the cost of and for the account of HS, all without service of notice or resort to legal process and without being deemed guilty of trespass, or being liable for any loss or damage which may be occasioned thereby. ARTICLE 6. Oblieations by County COUNTY shall have no obligations whatsoever except to the extent expressly specified herein. ARTICLE 7. Notices. An)' notice which COUNTY or HS may be required to gi';e to the other part)' shall be in writing to the other part)' at the following addresses: COU,~TY: Board of County Commissioners c/o Real Property Management Dept. 330I Tamiami Trail East Administration Building Naples, Florida 34112 HISTORIC SOCIETY: Marco Island Historical Society Incorporated c/o Kris ltelland, President P.O. Box 2822 Marco Island, Florida 34146 cc: Office of the Count)' Attorney (Client Department) ARTICLE 8. Surrender of Premises; Future Lease of the Licensed Premises to HS HS shall remove all signs installed by or on behalf of HS immediately upon expiration of this License and shall deliver up and surrender to COUNTY possession of the Licensed Premises. ARTICLE 9. General Provisions. HS expressly agrees for itself, its successor and assigns, to refrain from any and all use of the Licensed Premises which would interfere with or adversely affect the operation or maintenance of COUNTY'S operations where any such operations share common facilities or otherwise. Rights not specifically granted the HS by this License are hereby reserved to the COUNTY. ARTICLE 10. Effective Date This License shall become effective upon execution by both COUNTY and HS. ARTICLE 11. Governing Law. This License shall be goverued by, and construed in accordance with, the laws of the State of Florida. WITNESS WHEREOF, the parties hereto have hereunder set forth their hands and seals. AS TO IACENSOR: DATED: ATTEST: DWIGHT E. BROCK, Clerk By: Deputy Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: JAMES N. COLETTA, Chairman DATED: FIRST WITNESS (signature) (prinv'type name) SECOND WITNESS (signature) AS TO LICENSEE: Marco Island Historical Society, Incorporated Kris llelland, President (printAype name) .pproved as to form and legal sufficiency: Thomas C. Palmer, Assistant County Attorney EXECUTIVE SUMMARY APPROVAL OF AN AGREEMENT WITH DREAMBOUND ENTERPRISES, INC., FOR THE PERFORMANCE OF JO DEE MESSINA FOR THE FOURTH ANNUAL COUNTRY JAM CONCERT IN THE AMOUNT OF $60,000. Objective: That the Board of County Commissioners approve an agreement with Dreambound Enterprises, Inc., for a performance by "Jo Dee Messina" 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 Count)' 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 $60,000 with Dreambound Enterprises, Inc., for the service of "Jo Dee Messina" who will headline the Country Jam. on Friday. April 12th, 2001. The County. will provide the standard arrangements of the music industv:' while the perlbrmers are in tow~. 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 $60.000 for the performers is budgeted in the FY02 Tourist Development Special Event Gran~ Fund (194) and the Parks and Recreation MSTD General Fund(~,)ln addition, we anticipate generating approximately $50,000 in revenue for Friday night. Recommendation: That the Board of County Commissioners authorizes the Chairman to execute said agreement with Dreambound Enterprises, Inc., in the amount of $60,000. Prepared bye,/: James Fitzek~perations Manager Department of Parks an~ecreation ~ .,," ,,x lvla~la Ramsey. Direitor/'"'---/. ~partment of Parks and,,g.~ation ^pprorcd by: .loh~nnuc~k. Administrator Divi~on o£ Public Services Date: tqAR 2 6 WILLIAM MORRIS AGI:.NL;T, ',~. I ~ Talent and Literary Agency 2100 West End Avenue, Suite 1000, Nashville, Tennessee 3720:3 Telephone 615-963-3000 Facsimile 615-963-3090 RIDER ATTACHED HERETO HEREBY MADE A PART OF THIS CONTRAC~ AMERICAN I~DERATION OF MUSICIANS AGREEMEI~T NO 2 THIS CONTRACT for Ibc perse~aJ Imr~ice* of MAR 13 02, ~lw~n ~LLIER COU~Y PARKS & RE~EATION/J~ N. Coletta 62~ T~: 0.~ N~t P~i~: 2. DA~S) OF ~GAOEME~: Fn APR 12 02 - AdB~: 4~ PM - G~cs 8:~PM - Jo D~ Messmz t Numar of Shows: I b. Ti~ of Sho~}: 6:~ PM c. ~h of ~h Show: ~75 minu~cs 3. BIL~NG: (In all f~ of adv~i~ing) 4. ~LL PRICE AG~ED $ ~,~ (Sixly ~ou~d) ~AT GUA~EE M~e~nt ~ys ~ lo this b. ~LL PAY~ in iht ~ of ~DD1ON~ ~S IN'W'rTNESS WHEREOF, llg ~ len:~ o lucre hcrt~nlo t~ ~ ~ ~ anals on Ibc a~y and ye. at l)~eambou~ F~-~m~e~, I~c. FF_D ID l~.-15961a8 A~: by: D~G~ ~ BR~ Cl~k BOA~ ~ CO~ COMMISSIO~ CO~R ~, FLO~DA B~ ~ Cl~k B)': ~-159614~ ~.lqm~d m to form , ,,omas C. Palmer Assistant County Attorney .lame* D. Carl~, FaD, CbJirman D~.ambound F~I~, I~. L~)9 IO~h Ave S,, Nashville, Teane.~e~ 372D3 6. Whenever lhe term 'Federation' is used herein it shall mean the American Federation of Musicians of Ihs United States Canada. Whenever the term 'Local Union' is used herein it shall mean the Local Union of the Federation with jurisdiction over the · tenitory in which the engagement covered by this contract is to be peflormed. 7. No pedormance of the engagement shalt be recorded, reproduced or Iransmitted lrom the place of performance, in any manner 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 hereto that neither the Federation nor the Local Union are parties to this conlract in any capacity except as expressly provided in 7 above, and theretore, thal neither the Federation nor the Local Union shaft be liable for the pedormance or breach of any provision hereof. 9, A representative of the Local Union, or the Federation, shall have access to Ihs place of engagemenl covered by the contracl for puq;,oses of communicating with the ARTIST[s) pedorming the engagement ~nd the PURCHASER. ADDITIONAL TERMS AND CONDITIONS: 1. PURCHASER agrees to furnish and pay for si its o?~ exJ:mnse (.a) o.n the date end ..at th.e t!m~e of tt? p~.d,0?a.0ce(s) a .,bov,`a- mentioned all that is necessary for the proper presentation of the enrerta~nment presenmllon, inc~ua~ng WllnOUl ,m~tai~on a sub[Bole theatre, ha I or auditor um well-heated, ventilated light`edj clean and, in ~ omar, stage ,curtai..n.s, prol~e, rl¥ ,tun...ed_.J~[.a.n.d...~i..an .o(s] and public address system in parlect working condition inClUDing micropoone[s) in number and quamy required Dy ~"HUUU[J~-N, Dressing roans all necessary electricians Ired stage hal'f.d.s, ali lights, tickets, .he,use I~. og.?.m.s, .all ,lice~.?~._es (!nc!~uding, re.ual,cai partorming .rL~ht,s' licensee), sl:~lcial police, u~hem.., ticket sellers, ,ticket takers,, cleero. Frets` .a.,no s.umcmn! ao.v. on,sing ~ ~an~ p,r}nc,,p~, music royalties irt connection with PRODUCER s use oi music, and in ac~31t~"l, the cos, ts. cl..any taus c na. ? than those fumlshed by PRODUCER as part of PRODUCER's regular co?.pe.n.y, .~c) a, ,am, usam`er[ Taxes, ici, ,,~ ~H.',JU.,U~..H SO requires, all necessary lacllitias electricians, stage hands and other be.rs~o~, net 1or ?ghling and are.ss rene~rsa.~s., and ia} .a!l Din. er n,e ~m~_~ and per.net (including but not limited to any and all .pe~re.onnal,.inc~uo~n.g ..mus?ans, a? msy.c~_ red_u_?e~a_ ?y,?.n~y__n~,~ona_l union(s)) required for the pro,~.r presentation of thp eme,n, ain,,men! those items and personnel which PRODUCER here~n specmCally agrees Io ~um~sn. ~.'~Muu~cr~ ~m..r~v. u~. ~.~ ~ .sr.. um *u~.~ music contractor and lo approve the musicians hired locally. 2. In the event Ct sickness or of acoldenl Io ARTIST, or if a peHormence is prevented, rendered impossible or infeasible by any act or regulation of any public authority ch' bureau, civil tumult, stdke, epidemic, interruption in or delay ol transportation serv~-'es, war conditions or emergencies or any other similar or d ssim tar cause beyond the control of PROD, UCE.R, it is und`erstood .and agr. eed that there shall be no claim Ior damages by PURCHASER and PRODUCER's obligations as to aucn penormanoas snail be seemed waived, In the event of such non-performance lot any of the reasons stated in this parag, r.aph, jl A~I, TIST .? re..a~w, [l~n...g_a, nd able. to p?rf,o.r~m, PURCHASER shall pay the lull compensation hereunder, otherwise, the monies [~ any] aovencec Io ~'NUUUUt:H nereuneer, snmi De returned on a pro-rata basis. 3. Inclement weather rendering peflormance impossible, infeasible or unsafe shall not be deemed a force maieure event and payment of the agreed upon compen.s, ation shall ~ ,made no~it.hstanding.. !l P, URCH. ASE~ and...,PR.R_.~O,D,~U~C~E,R..d~a..rgr~a~ntoasW~toeth,~e~er~n~e of perforrnance{s) is Impossible, not leaSlOle or unsale nacause oi inclement weamer, I-'mt..'b,,d,,.,r-r~ = u= = shall prevail. 4. In the event PURCHASER refuses or neglects to provide any ct the items or to perform any ol its obligations herein stated, and/or lolls tO make any of the payments as provided here n, PRODUCER shall have the right to refuse to peHorm this contract, shatl retain any amounts tharatofore paid to PRODUCER by PURCHASER, and PURCHASER shall remain liable to PRODUCER tot the agreed price herein set torth. In addt on, f, on or before the date o any scheduled performance PURCHASER has failed, neglected, or refused to perfo~n any con ract with any olher performer for any other engagement, or if the financial standing or credit ol PURCHASER has been impaired or is in PRODUCER's opinion unsalislactory, PRODUCER shall have the right to demand the payment of the guaranteed compensation torthwth f PURCHASER tails or refuses to make such payment forthwith, PRODUCER she have the rlghl to cancel this engagement by nol ce to PURCHASER to that effect and to retain any amounts theretolore paid to PRODUCER by PURCHASER and PURCHASER shall remain liable to PRODUCER for the agreed price here n set Ior!.h. 5, The entertainment presentation to be furnished by PRODUCER hereunder shall receive bil{ing in such order, form, size and prom nence as d retted by PRODUCER in all advert sing and publicity issued by or un,er tee ~ontrol o.t PURCH .ASER, ARTiST's na~e or likeness may not be used as an endorsement or indication ct use of any product or service nor in connection wdh any corporam Sl:X:msorship or tie-up, commercial tie-up or merchandising without PRODUCER's prior written consent, 8. PURCHASER shall not itself nor shell il permit others to record, broadcast, televise, photograph or otherwise reproduce the visua! ~nd/or audio patios'nonces hereunder, or any part thereof. 7. PRODUCER she have the exclusive right to se I souvenir programs, bale books, photographs, records and any and all lypes ol merchandise including but not limited to, articles of clothing (.e., T-sh rte, hats, etc.) posters, stickers, etc., on the premises of the nP'iace(s)any, of perlormance without any participation in the proceeds by PURCHASER subject, however, to concessionaire's' requirements, 8, Unless stipulated to the contrary in writing, PURCHASER agrees that PRODUCER may cancel the engagement hereunder without liabi Ity by g via the PURCHASER no{ ca thereof at least thirty (30) days pr ~ to the, ,c. ommencement..d, ate of the eng, agement hereunder. PR~I~UCER shall also have the r ght to term note this agreement without iaDi ity in the event PURCHASER ai~s to s and return this Contract within 10 days. 9 PRODUCER shall have exclusive control over the production, presentation and performance of the engagement hereunder ss well PRODUCER shall have the sole right, as PR(JUUUI::H may see m, to uas~g[~, a.u ~,m,,l~:, ,~ o ·, ,.~ ~, ~ than the ARTIST(s) specifmally named herein. 10. PURCHASER agrees (s) to comply prompt y with PRODUCER's d rections as to stage settings for the performance hereunder, (b) that no pedormers other than those to be rum shed 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 will not be included in a subscription ch' other type of series without the written consent of PRODUCER. 1% It is .greed that PRODUCER signs this .coat?ct ss en in~, .ap?n?.n .c~._tr_?_~o_r,.~_n_d_n.o.t_a_s,. ?.~n .nv w.v h~ e~.'~trued so as to cl'eate a pannersnip, or any Kind or joint tJnoer[~ln~] gl WHlU/= .I,~'~'tWC~. I = F__, ' . ~'l~(~'~i~'le-~-n%,~ola Or in part to~any obligation that may be incurred by PURCHASER in PURCHASEH s carrying ou[ any the provisior~s hereof or otherwise. 12. Nothing in this Agreement shall require the comlmiss~l ol any ,act ?o~!r.ary !.o le~w..,.o.,~r iD* .~._rl.~/~u. la~.o.r,..re,,~ui~ ~nShO~fr~nrmYdU;iOr~; t~hu;~de I~r$ similar body having jurisdiction over the sewicas and personae to De rum~sneo Dy r.~uu~:H ;o ~.uH~,~I~ an conflict between any prevision of this Agreement end any law, rule or regulation, such law, rule or regulation shall prevail and this A;Yre~onmant shat be curtailed, modilied or limit.ed only to ~.`e .extent n~e. ssa.ry !o.,!~inate such comply with all TegulaUona and requirements or any union,,s,~ mat may nave i~'~soml~on over any o~ ~r.~ ~mu ..=~.,,,~,~, -- personnel to be furnished by PURCHASER. other attachments hereto, the pemes agree mat ma prowsK:)ns mos! ravoraole io I"r~L,'u~,l=.m ar,u ~,-.m ~ ~ = ye:-- .':-::'-:' ;""~'.~:-".;,'~.2 ~ ....... ~.~ ....... '"'-'"'"" '"'~ ,',;'ARTIST'or anv n t~, ~-eeeim:~ff'l~:onnect~on wdn or as ~__-~.[--'.'" '-~' ,';-_'_-_-_".-;; ;-;.7/.~-:.- - - :'_-.-- 2_;_;.'-;;-.;,~-~.~..,.,~ ,',~:,,~I 1rom the active ~nd wiitul'" ' 15. William Morris Agency, Inc. acts herein only as agent for PRODUCER and Is not responsible for any act of commission c~ omission on the part of either PRODUCER, ARTI_S_T_o_r..P__UR...CH,..ASEFL In ! .u. rth..e...r,,a~, ce .t.he~.~l. and for the be~nef!t_ o_l_.W, ill~..,,m.M~:~°~.~s~.A.,g,,e~,~L~Li~s agreed Ihat neither PURCHASER nor Pl~uou[Jt::H Will n.a~? Or join w,m',~m Morris ,~gency as .a_p~._.n_y_m a_n,~,,.,v,.,,..=.~.~ ........... Out of, in conneolion with, or related to any act(s) of con~m~ss~on or omission of PURCHASER, AF{ll,5/or ~s. This contract (a) cannot be assigned or !rans'~erred without me ,written.consent.or PRO, DUC,ER: (b} ,c~tains ~? S01e .slid. comp.le!e un._,~retanding of the parties hereto and (¢) may no! be ameooeo, suppmmenteo, varie~ or d/scnargeo, excep~ Dy an instrument tn PAYMENT OF SAID PRICE IN FULL The Wrms 'PRODUCER', 'ARTIST' and 'PURCHASER' as used herein shall include and apply to the Singular, the plural and Io ell genders. ' ALLY ASSUMES LIABILITY FOR THE ( 1/1/94-AFM) s of FEB 26 02 JO DEE MESSINA Musician Names: (Social Security #, AFM#) Dreambound Enterprises, Inc., FED ID #62-1596148, (Leader) Jo Dee Messina Local 257 SteveByam 506-80-8971 Local257 Joel Stevenett 529-29-6154 Local257 Ralph J. Friedrichsen 5~-1-70-7105 Local257 Hollie Poole 402-29-9803 Local 257 Chris Wormer 322-66-0480 Local 257 Howard B. Duck 466-33-5488 Local 257 John Zocco 108-58-3712 Local257 *Make all checks payable to: Dreambound Enterprises, Inc. Fed ID #62-1596148 Jo Dee Messina 2002 Tour ARTIST CONTRACT RIDER Agenda Item -- .o. ~ ~ TABLE OF CONTENTS Topic Page Cover Page ......................................................................................... 1 Table of Contents ......................................................................................... 2 Tour Contacts ......................................................................................... 3 Musician Information ....................................................................................... Business Requirements General Information ......................................................................................... Ticket Printing/Sales ........................................................................................ 5 CompsfFrades ......................................................................................... 6 Payment/Settlement ......................................................................................... 6 Expenses ......................................................................................... 7 Confidentiality ......................................................................................... 7 Billing/Advertising ......................................................................................... 7 Licenses/Permits ......................................................................................... Insurance Coverage ......................................................................................... Broadcasting/Recording ................................................................................... 9 Press, Photography, & TV Crews ...................................................................... 9 Merchandising ......................................................................................... 9 Cancellation/Force Majeure ............................................................................. 10 Production Requirements General Information ........................................................................................ 10 Sound System Requirements ........................................................................... 1 Lighting Specifications ................................................................................... t 1 Staging ...................................................................................... 12 Barricades ........................................................................................ 12 Setup ....................................................................................... 12 Power/Electrical ........................................................................................ 13 Labor ........................................................................................ 13 Parking/Load-In Access .................................................................................. 14 Security ........................................................................................ 14 Passes ........................................................................................ 15 Meet & Greet ........................................................................................ 15 Backstage Rooms ........................................................................................ 1 Catering Requirements .................................................................................... 16 Addendums Sponsorship ....................................................................................... A Backline Equipment. ....................................................................................... B This RIDER, and ADDENDUMS "A" and "B" if attached, shall be made a part of the CONTRACT for services between Jo Dee Messina, f/s/o Dreambound Entetl~rises, Inc. (hereinafter referred to as "ARTIST") and Buyer (hereinafter referred to as "PURCHASER") for the engagement described in the CONTRACT. This RIDER, or any R1T~ER hereafter supplied by ARTIST, shall supersede any and all RIDERS or ADDENDUMS. Agend~ I~em No. ~,I~ ,~ Jo M ssi. o 2/26/02 2 I; TOUR CONTACTS MANAGEMENT CONTACTS Smart H. Dill, Personal Manager Debbie Randle, Executive Assistant Refugee Management Intl. 209 Tenth Avenue South Suite 347 Nashville, TN 37203 615-256-6615 phone 615-256-6717 fax BOOKING AGENCY Greg Oswald William Morris Agency 2100 West End Ave. Ste. 1000 Nashville, TN 37203 615-963-3000 615-963-3092 fax RECORD COMPANY Jill Gleason Curb Records 47 Music Square East Nashville, TN 37203 615-321-5080 x349 phone 615-327-3003 fax TOUR SPOT PRODUCTION Steve Bassett Bill Young Productions 281-240-7400 phone 281-240-7440 fax ROAD MANAGEMENT CONTACTS Don Muzquiz, Tour Manager 615-584-4203 John Garriott, Production Manager 615-477-4540 phone/520-223-0198 fax Chris Alderman, Stage Manager 615-584-4202 Dreambound Enterprises, Inc. c/o FBM&M P.O. Box 331549 Nashville, TN 37203 Fed. ID #62-1596148 MERCHANDISE Shaun Alderman, Merchandising 615-330-4349 Dreambound Image, Inc. c/o FBM&M P.O. Box 331549 Nashville, TN 37203 Fed. ID #62-1829801 BUSINESS MANAGEMENT Mary Ann McCready Cory Owen Dreambound Enterprises, Inc. c/o FBM&M P.O. Box 331549 Nashville, TN 37203 615-329-9902 phone 615-329-9765 fax *Make all checks payable to Dreambound Enterprises, Inc.* Jo Dee Messina Concert R/der as of 2/26/02 l A gend~]te~ HAR 2 ~ Page USICIAN INFORMATION Musician Names Social Security # Steve Byam Joel Stevenett 506-80-8971 529-29-6154 AFM# 257 257 Ralph J. Friedrichsen Hollie Poole 541-70-7105 402-29-9803 257 257 Chris Wormer 322-66-0480 257 Howard B. Duck 466-33-5488 257 John Zocco 108-58-3712 257 Jo Dee Messina Federal ID # 62-1596148 Jo Dee Messina Concert Rider as of 2/26/02 Agenda Itek NAR 2 G 200:~ BUSINESS REQUIREMENTS GENERAL INFORMATION This rider, attached to the contract, and the specifications therein are deemed necessary by the ARTIST in order to present the best possible show. All deletions, additions, substitutions or modifications to this contract and rider must be acknowledged in writing by all parties to be valid. The PURCHASER shall inform all persons in connection with the fulfillment of the conditions of this contract rider (including, without limitation, box office managers, marketing representatives, house managers, stage managers, stage hands, technicians, electricians and security guards) of information provided herein. This contract shall be construed in accordance with the laws of the State of Tennessee. The state and federal courts located in Davidson County, Tennessee shall have exclusive jurisdiction over any htigation concerning this agreement and both parties irrevocably submit themselves to the personal jurisdiction of said courts. TICKET PRINTING/SALES No tickets shall be offered for sale until ARTIST's representative has approved in writing both the ticket face and all ticket holds, including but not limited to production kills, ARTIST's comps, record label and/or sponsorship holds. PURCHASER must supply an explanation of all customer charges including fees, surcharges, service charges and taxes. All hard tickets shall be printed by a bonded ticket house (example: Ticketmaster, Globe Tickets, Arcus- Simplex) or, if performance is at a college or university, the official printing department of the university or college. PURCHASER agrees to deliver to ARTIST's representative, prior to performance, a seating plot and a manir of the house listing the quantity of tickets at each price. All tickets printed under the manifest shall have one stub and one price each. No multiple price tickets shall be printed. Examples of tickets prohibited under this agreement are: 1) one price for students and a different price for general admission on the same ticket, 2) one price for tickets purchased in advance and a different price for tickets pumhased at gate on same ticket. PURCHASER further agrees to give ARTIST's representative the right to enter the box office at any time to make extractions from box office records relating to gross receipts of this engagement. PURCHASER may not sell tickets to the performance herein as part of a series of other concerts without written consent of ARTIST. . PURCHASER agrees not to give away, discount or to offer tickets at a premium without first obtaining permission in writing from ARTIST. PURCHASER is liable for any and all counterfeit tickets, and under no circumstances will ARTIST assume a loss on these tickets. PURCHASER may not sell tickets for seats located where stage and equipment on stage obstructs normal eye- level viewing of ARTIST's performance, unless location of seat is clearly indicated as "obstructed-view" on ticket and PURCHASER has obtained written approval from ARTIST' s representative. No persons, except persons actually employed during the specific engagement, may enter facility without proper ticket and/or pass agreed to by ARTIST. PURCHASER acknowledges that he is responsible for the actions of his agents, employees, contractors, etc., in regard to the above provision. If PURCHASER shall violate any of the preceding, it stroll be deemed that PURCHASER has sold a ticket for each seat (and any permitted stathding room) at the highest ticket price.. .o. lq~? ¢¢ as of 2/26/02 Jo Dee Messina Concert Rider COMPS/TRADES PURCHASER shall provide, at no expense to ARTIST, eighty (80) top-priced tickets located on the main floor, in the center section, rows ten (10) through fifteen (15). In New York, Los Angeles, Chicago, Atlanta, and Nashville markets, PURCHASER shall provide, at no expense to ARTIST, one hundred (100) top-priced tickets. These.tickets shall be made available to ARTIST's representative no later than 2:00pm on the day of show. Should ARTIST not make use of any of these tickets, they shall be returned to the box office on the day of the show and placed on-sale. Additionally, PURCHASER shall hold fifty (50) prime tickets for purchase by Curb Records--contact Jill Gleason, Curb Records at 615-321-5080 x349 and twenty-five (25) prime tickets for purchase by SlimoFast--contact Ron Oberlender, Alliance at 212-546-1859. PURCHASER shall make available for public sale all seats in the center section or sections immediately in front of the stage in the fkst 10 rows. A total of 10 front row tickets (five pair) shall be held for "Front Row Seat" promotions. These ten tickets will be used by ARTIST's marketing representative and PURCHASER's marketing staff for radio promotion. No promotional tickets may be utilized before receiving prior approval from the ARTIST's marketing representative. PURCHASER shall submit to ARTIST's marketing representative a written explanation for any tickets used for purposes of "Trade Out." This document shall clearly show total number of tickets being requested for trade, the total value of these tickets and a detailed schedule of the nature and value of the trade being requested. In the event that PURCHASER fails to provide written authorization from ARTIST's agent for such ticket usage at time of settlement, tickets shall be deemed as tickets sold at the highest price. PURCHASER's traded and complimentary tickets shall not exceed two percent (2%) of show capacity. PAYMENT/SETTLEMENT Unless otherwise specified on the face of the contract, a deposit in the amount of fifty percent (50%) of ARTIST's guaranteed fee shown on the face of the contract shall be paid in advance by PURCHASER. If the deposit is not received by the date specified on the face of the contract, ARTIST may cancel the performance with no liability or further obligation to PURCHASER with no prejudice to ARTIST's rights herein. Unless otherwise specified on the face of the contract, all payments by PURCHASER to ARTIST required to be made under and pursuant to this agreement shall be made in the form of certified check or cashier's check payable to Dreambound Enterprises, Inc. Fed. ID #62-1596148. Balance of guarantee and any production reimbursements shall be paid by PURCHASER to ARTIST prior to performance on the day of the engagement. ,amy balance due on a percentage computation will be calculated and paid immediately after the closing of the box office. IRS form 8300 must be provided wilh any cash payment in excess of ten thousand dollars ($10,000). Pr/or to tickets going on-sale, PURCHASER shall inform ARTIST's management, in writing, ofan~ran ' income taxes which may be assessed on ARTIST for moneys earned from this engagement. PURCHASER shall provide ARTiST's representative with a box office statement, run after the closing of the box office on the night of the engagement, showing total seats available, total sold, all complimentary tickets and total seats open or unsold. PURCHASER shall provide ARTIST's representative with a drop count, whereby the torn ticket stubs are captured, collected, counted and banded into stacks of one hundred (100). In the case of hard ticketing, PURCHASER agrees to have all unsold tickets on hand m place of performance, on night of show, for counting verification by AR'fIST's representative. ARTIST shall be compensated for difference between number of unsold tickets and nm'nber of tickets shown by the ticket manifest. The ARTIST reserves the right to retain all ticket stubs and unsold tickets for verification unless contrary to local statute or law. If such statute or law exists, the PURCHASER must inform ARTIST in writing no later than one week before engagement. PURCHASER hereby accepts notification of and agrees to pen'nit ARTIST's authorized representative to audit the books and records pertaining to ARTIST's performance at any time within one hundred twenty (120) days after performance. Jo Dee Messina Concert ruder a~ of 2/26/02 p EXPENSES Unless contract is based on a fiat guarantee, PURCHASER shall supply ARTIST's representative a f~ statement detailing all bona fide expenses incurred by PURCHASER in presenting this engagement, including copies of ail supporting documents. In the event the PURCHASER has other or greater expenses than agreed to in advance by the ARTIST, (except advertising, stagehands or catering, which may increase with the written approval of ARTIST's representative) the contract shall not be affected. If, however, the bona fide aggregate paid bills relating to any of the costs shall total less than originally stated to the ARTIST's representative, the break-figure will be reduced by the difference between the original total listed costs and actual total listed costs as established to the reasonable approvai of ARTIST's representative based on the books, records, and paid bills maintained in connection with the event. It is the responsibility of the PURCHASER to have on hand at the event any and ail originai paid or unpaid bills, affidavits, tear sheets, etc. needed to document said expenses. Any expenses not so documented will be the PURCHASER's sole responsibility. Purchase orders, memo bills, promoter/agency orders and/or insertion orders are not acceptable for payment approval. If the PURCHASER chooses to employ an advertising agency to advertise and promote the performance, agency commissions shail be the sole responsibility of the PURCHASER. Only net advertising rates will be accepted for payment at settlement. PURCHASER is expected to have on staff all necessary personnel to effectively promote and produce the show. Therefore, charges for personnel and services including, but not limited to, production or stage managers, contract or booking consultants and advertising agencies are the sole responsibility of the PURCHASER and are not to be included as show expenses. PURCHASER shall cooperate fully with ARTIST's representative with respect to verification of all labor expenses that PURCHASER wishes to enter into the settlement. This shall include cooperation with respect to provision and completion of "sign-in sheets" by both PURCHASER and venue staff. If, at any time, there is a moneta~' discrepancy between ARTIST's representative and PURCHASER, t' PURCHASER shall deposit the disputed amount into an escrow account, in the control of a third party, until u,~ dispute can be rectified. ,~o~.~ ~,~-~ i,~ Financial terms and conditions of this contract have been agreed upon based on exact capacity, ticket price and gross potentiais as stated on the face of this contract. Such financial terms and conditions are considered privileged and confidential and pubhc and/or media disclosure is strictly prohibited. PURCHASER shall not report the box office receipts, ticket sales, or otherwise disclose any information with regard to this engagement without the express written consent of the ARTIST. BILl.lNG/ADVERTISING No announcements or advertising, subscription or public, may be issued in any form prior to receipt of the sil!ned contract and deposit from the PURCHASER without written approval by ARTIST's management. No show "presents" of any kind can be awarded by the promoter, promoter's marketing representative or building staff without the prior written approval of ARTIST's marketing representative. ARTIST is to receive appropriate 100% headline billing in any and all publicity releases and paid advertisements, including but not limited to air-time, newspapers, trade advertising, posters, programs, billboards, and marquees, as well as all other displays and publications where ARTIST's name appears in connection with the engagement herein. Prior to going on-sale, PURCHASER shall forward to ARTIST's Manager, Stuart Dill, Refugee Management Intl. a detailed breakdown of all planned advertising (both paid and traded), along with details of any and all promotional activities designed in support of the event. PURCHASER will not permit the name of ARTIST to be used or associated, directl2~ or ~, ~q~i~l~ -., Jo Dee Messina Concert Rider as of 2/26/02 L /~ ''2r .... _ product or service in advertising, billing or otherwise, without the express written consent of ARTIST (except as set forth in Addendum A, if applicable). PURCHASER must purchase and use management-approved print advertising materials and radio and TV spots from ARTIST's approved agency. In the case of "strip ads," use of ARTIST supplied art work is required. PURCHASER shall not secure or retain anyone to act as "host" or "emcee" of the performance without prior permission of ARTIST. All inquiries regarding ARTIST, including but not limited to those from fans, press, TV and radio, must be directed through the appropriate ARTIST representative. Under no circumstances may PURCHASER make any arrangements or any representations with respect to the ARTIST's availability or desire to undertake any media activities of any kind, including but not limited to interviews, receptions and meet & greets. LICENSES/PERMITS No later than thirty (30) days prior to the date of the engagement, PURCHASER agrees to secure and furnish all necessary permits and licenses to ensure that ARTIST can properly stage the production. In the event the place of performance is outside the United States, PURCHASER agrees to procure, at their sole expense, for ARTIST and touring party, the necessary visas, work permits and other documents of any nature whatsoever necessary to enable ARTIST to render services hereunder. INSURANCE COVERAGE Notwithstanding anything to the contraxy, PURCHASER shall insure, and hereby warrants and represents, that each concert event, facility and site of the performance hereunder (on the dates of load-in, each performance hereunder and load-out) shall be safe for all persons and property, free from any risks of or actual danger or hazards to life, health or property. PURCHASER shall be solely responsible for providing and maintaining such safe conditions· PURCHASER shall obtain and continually maintain insurance with.respect to each concert event (including, without limitation, each performance therein), facility and site of performance hereunder, for property damage, personal injury and third party claims, in the enforceable amount(s) of not less that One Million Dollars ($1,000,000.00) per occurrence (with a deductible of no greater than Ten Thousand Dollars ($10,000.00), which shall be paid by PURCHASER naming ARTIST and ARTIST's representatives as additional insured thereunder. Such policy(ies) shall be written on an occurrence basis, such that claims made immediately prior to, during, and/or after each concert event hereunder (including, without limitation, each performance therein) with respect to act(s) and/or omission(s) during, immediately prior to, and/or immediately after each concert event hereunder (including, without limitation, each performance therein), whether in or about the facility or site, shall be fully covered thereunder. PURCHASER shall maintain a policy of Worker's Compensation insurance covering alt of their employees, including those who are involved in the installation, operation and/or maintemmce of the equipment provided by PURCHASER. PURCHASER shall indemnify, save, and hold harmless ARTIST ~md ARTIST's present and future officers, principals, representatives, affiliates, li~'*i~,n-a~, employees, musicians, crew, ~z)':, suc-~oc~or~_ ?_d ?;bs_~_v2:es, from and against any and all claims, demands, debts, liens, damages, liabilities, costs, c~cn:.c: ~ .........,~ ~t,nrncy~,~cl'a!eg.t~' and zz::'.:?°'''c' fee~ ~,~ ces:s o_nd r,-,,.', u,;,~,:-- i- c~,;:-~.;~.~-~---) and judgments arising out of or in connection with any breach or alleged breach by PURCHASER of any ~ actual representation, warranty or agreement made by PURCHASER herein, ilarlirectly relating tnlhe :Cn:,~ ...... ~oJ t .......... ~,, · ............ -' ~- '" without Illin[at .... , t~ --* ,~-,-I:nrrnanee(al _N_way rcJatc,~ :c :..: :=nee:..~,~,t(~) (iucludh~g, " " .... .: c:nc:.. ~. .... .. y [3-- authorized ~aaam,h~-act(s) or omission(s) of PURCHASER or PURCHASER's employees, ~.,~v ........ ~,;:rz,;:cr: ...................... including the facility and site of concert event(s). Without limiting the generality of the foregoing, PURCHASBR is responsible for the semn'ity and safety of each concert, the facility and site and its immediate vicinity, including the security and safety of ARTIST, · · · .a-~r~r~,~,,~ ~. ....... ~,.n: . - .... i~.~ *h~ +'~;1;t~ ~rl cit~ ~ tern " Jo Dee Messina Concert Rider as of 2/26/02 p~ 2 It is specifically understood that ARTIST's performance after any failure of PURCHASER or the facility to provide either policies or certificates required herein, shall not be deemed a waiver of ARTIST' s fights or of an' of PURCHASER's obligations hereunder. PURCHASER shall still be solely responsible for providing c causing to be provided all of such insurance and PURCHASER shall be fully liable for its failure to provide or cause to be provided the same. BROADCASTING/RECORDING No part, portion or segment of the engagement hereunder shall be recorded, reproduced or broadcast by either audio or video equipment without the prior written consent of ARTIST, which may be withheld at the sole discretion of ARTIST. In the event the ARTIST grants approval, PURCHASER shall be responsible for any and all additional expenses, including, without limitation, union dues, broadcast fees, royalties and additional production. Specific authorization by ARTIST in the form of an ARTIST-issued photo credential shall be necessary for the PURCHASER to allow entrance to the place of performance by any person with any audio, video or motion picture recording device or mechanism. ARTIST shall have the sole and exclusive right to film, record, tape or otherwise reproduce and embody any and all performances related to this event (per local union and building regulations and restrictions). PURCHASER shall post the following at all facility entrances and on all tickets: "THE USE OF CAMERAS, AUDIO OR VIDEO RECORDERS 1S STRICTLY PROHIBITED." PRESS, PHOTOGRAPHY & TV CREWS No photographers will be permitted in the venue, backstage, or onstage during ARTIST's performance or sound check, without prior consent of ARTIST's Management. Pre-approved press photograph), may only be taken during the fa:st three (3) songs of ARTIST's performance. Pre-approved live video may only consist of 30-second cuts of the first three (3) songs of ARTIS'I performance (no complete songs). Outside of press photographers with credentials, no telephoto cameras or cameras with lens attachments will be allowed in venue. ARTIST reserves the right to retrieve any film from violators of these rules. PURCHASER and security personnel agree to enforce and assist with these rules. MERCHANDISING PURCHASER agrees that ARTIST' s designee shall have sole and exclusive right to sell items of merchandising bearing ARTIST's name an~or likeness at or about the venue on the day of ARTIST's performance including, but not limited to, all souvenir books, wearing apparel, posters, stickers, programs, and other items of merchandise prior to, during and after each performance. No "event shirt" or program or any material bearing ARTIST's name and/or likeness shall be printed, produced or distributed without the prior written consent of ARTIST, which may be withheld at the sole discretion of ARTIST. PURCHASER shall provide adequate space with proper security for ARTIST's designee to vend such materials and PURCHASER agrees that ARTIST's designee shall have access to any hall facilities and areas adjacent to the venue as deemed necessary by ARTIST's designee. PURCHASER further agrees to use its best efforts to prevent and stop the sale or distribution of items of merchandising by any persons other than ARTIST's designee, whether inside or outside the venue. It is understood that no person or entity other than ARTIST's designee shall have the right to sell or distribute any non-food/non-beverage items of any kind at the engagement. Jo Dee Messina Concert Rider as of 2/26/02 Agend~ I tem~-~ No._l~ ~ HAR 2 $ 20 2 P9, -~-..____..~_ Page 9 CANCELLATION / FORCE MAJEURE ARTIST reserves the right to cancel the engagement by giving at least 30 days written notice to PURCHASER at the address set forth in the contract. In this event, ARTIST and PURCHASER shall be discharged of any further liability to the other with respect to the canceled performance. It is agreed and understood that in the event PURCHASER should fail to fulfill any of the terms and conditions provided herein, ARTIST may elect to cancel the engagement, relinquishing ARTIST from any further liability. ARTIST shall be entitled to retain any deposits paid by PURCHASER, in addition to ARTIST's legal and equitable remedies. Notwithstanding anything contained herein to the contrary, PURCHASER shall remain liable for payment of the full contract price regardless of any cancellation of the engagement or non-performance by ARTIST by virtue of inclement weather. 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, and ARTIST shall have no obligation to perform in any such event. Any contract returned with rider unattached, unsigned or altered in any way without written consent of ARTIST or ARTIST's representative, shall deem contract voidable and cause for immediate cancellation of the engagement at the ARTIST's election. ARTIST's obligations hereunder are subject to prevention or detention by reason of sickness, inability to perform, accident, failure of means of transportation, acts of God, riots, strikes, labor disputes, any act of public authority, or any cause similar or dissimilar which is beyond ARTIST's control. Should cancellation arise from a strike, labor difficulty or other matter of which PURCHASER had actual prior knowledge, or in the exercise of reasonable business prudence would have had actual prior knowledge, ARTIST shall be entitled to retain any and all deposits or other moneys theretofore paid to the ARTIST. Jo Dee Messina Concert Rider as of 2/2 6/02 Age n d~l.._]'tem-~, -- ~ ~ IU --' PRODUCTION REQUIREMENTS GENERAL INFORMATION PURCHASER or authorized representative must be on site from one hour prior to load-in until completion of load-out. Prior to putting tickets on sale, PURCHASER agrees to notify ARTIST of any mandatory union breaks, curfews, fire regulations, sound and light level requirements and limitations, rigging limits, building codes and any other federal, state or local ordinances. PURCHASER agrees to notify ARTIST of any late or early load-ins due to other activities in the facility. ARTIST reserves the right to determine the length, content and nature of the show. ARTIST' s production staff shall have complete control over all technical aspects of show, including support acts and program music. The audience shall not be permitted to enter the place of engagement until such time as technical set-up and sound-check have been completed and approval has been given by the ARTIST's Production Manager. SOUND SYSTEM REQUIREMENTS PURCHASER to provide a professional sound system consisting of no less than a three-way house speaker cabinet system providing full frequency response evenly distributed across the sound frequency spectrum and delivered evenly to the entire audience, per the below specifications. First preference: McCauley Monarc Line Array System. Said sound system should have adequate power to deliver at least 115 DB of continuous sound, free of hums and noise, tested with lighting up and turned on. ARTIST's representatives are to have complete control of said equipment during sound check and show. FOH EOUIPMENT One (1) 40 input house console (Midas Heritage 2000, Yamaha PM 4000). The FOH rack should consist of no less than one (1) stereo 1/3 octave EQ, four (4) digital effects processors (Yamaha 900, 990, or Lexicon LXP 15 quality), one (1) digital delay (Roland or Korg), eight (8) compressor/limiters (DBX 160 XT or DBX 166A), six (6) gates (Drawmer quality), one (1) CD player, and one (1) cassette player hooked up to record house mix. VERY IMPORTANT: F©H mix position to be no more than one hundred (100) feet away from stage with an unobstructed view of entire stage (preferably in center of stereo imaging of sound system). An auxiliary (XLR) feed should be routed to supply ARTIST's monitor system with talkback and playback program. STAGE POWER & PATCHING A minimum of six (6) discrete circuits of 30A (quads) for musicians' equipment purposes plus an additional drop near monitor position for ear monitoring processing. All cables (patch, mic, AC, monitor, etc.) will be of ample gage and in good repair, all cables should be of adequate quantity and length for stage dressing, with some spares. MONITOR EQUIPMENT ARTIST travels with own in-ear monitor system complete with stands, mics, and cables; however, the following monitor equipment should be provided for fly dates only. One (1) 40 channel monitor input console (Midas XL3, Soundcraft SC20, Crest Century). The monitor system shall be configured to provide ten (10) discrete mixes with 1/3 octave E.Q.s, with twelve (12) monitor wedges containing matching 2-12" woofers and 1-2" horn driver (i.e. EAW 222, Woodworks Mix 2, or Clair 12AM) comparable biamp set-up with cross over accessible. Monitor mix position to be stage right with unobstructed view of entire stage at a height of no more than two (2) feet below stage level. Mic accompaniment D.I. Boxes and mic stands as per stage plot and input list should be provided. as of 2/26/02 Jo Dee Messina Concert Rider LIGHTING SPECIFICATIONS LIGHTING SYSTEM The primary lighting system will be a high quality_, professional system. A competent lighting technician will be responsible for the set-up and focus of the system and will be present throughout the entire show. The lighting system shall include the following: · At least One Hundred Twenty (120) 1K PAR64 lamps loaded with medium and narrow components. These lamps shall be truss mounted and split Sixty (60) to each of the front and rear trusses. · One (1) midstage truss for mounting moving fixtures and soft goods. · Two (2) banks of floor ACL Specials or Six (6) PAR64 floor specials. · One (1) 36 channel control console. · Four (4) spotlights with appropriate throw range for distance to stage. · One (1) intercom system consisting of two (2) stations, between FOH mix position and monitor mix posi- tion, as well as some form of talkback between FOH position and stage. · One (1) intercom system between all lighting stations (L.D., spot ops, and dimmers). This intercom system shall be totally independent of other systems being used at this event. The ARTIST's Production Manager shall have complete control over the cueing of house lights. There shall be no lights in the venue during the performance other than the exit signs, aisle lights, and any lighting required for the safety of the audience. In the event the house lights must be controlled from a separate booth, the operator shall be on the communication circuit at least fifteen (15) minutes before showtime and continuously during the show. At no time should the house lights come up during ARTIST's performance, unless authorized by ARTIST's Lighting Director or Production Manager. PURCHASER to provide four (4) front-of-house SUPER TROUPER (or comparable) follow spots, in perfect working order with spare lamps. IMPORTANT: Spot location and position must .be above musicians' head height. STAGING PURCHASER shall provide, at no cost to ARTIST, a stage 60' wide x 48' deep x 4' high. The stage must be capable of supporting 125 pounds per square foot. The surface must be smooth and free of holes and protrusions and skirted in black material. The stage must be constructed so there is a minimum of 25' to closest overhead obsn-uction. If, for any reason, this request can not be fully accommodated, ARTIST's Production Manager must be notified immediately. ARTIST requires 12' of unobstructed work space around the stage, not including fire lanes. ARTIST requires two sets of stairs with handrails and step lights, to be placed by ARTIST's Production Manager at time of load- in. ARTIST stroll need adequate storage space for equipment cases. For outdoor shows, ARTIST requires a 60' x 48', self-supporting, load-bearing stage roof. A 25' unobstructed clearance must exist between stage deck and stage roof. PURCHASER will provide (10) rolls of 100' x 20' black Viscuine at time of load-in. ARTIST requires a sound/light mix area of 20' x 20' that shall be located in the center of the house, no more than 100 feet from lip of stage. The final placement shall be determined by ARTIST's Production Manager. BARRICADES A barrier at least four (4) feet from the front of stage is reqnired. A barricade on each side of the stage that separates the aadience from the backstage area is xequired and a barricade enclosing the house mixing area is required. Jo Dee Messina Concert Rider as of 2/26102 SETUP PURCHASER shall ensure that the first 30 rows of temporary or portable seats in front of the stage will not ! placed until determined by ARTIST's Production Manager on day of load-in. These rows are to be cleare~ immediately after the show and the floor should be swept clean. PURCHASER shall insure that the seating configuration not exceed 180 degrees from the front of the stage, unless approved by ARTIST's Production Manager. NO SEATS are to be placed within eight feet of the front edge of stage. It is imperative that all sound and fighting be flown for ARTIST's show. PURCHASER shall notify ARTIST's representative immediately in the event of any problems or concerns with regard to rigging equipment in performance venue. PURCHASER shall provide, at no cost to ARTIST, one forklift with a minimum capacity of 4,000 pounds, a competent operator, and sufficient fuel from load-in and load-out. PURCHASER shall provide a 50 lb. block of dry ice to be advanced by ARTIST's Production Manager if necessary. PURCHASER shall provide names and numbers of area propane dealers. This show contains a 30 second open flame fueled by propane. Please notify ARTIST's Production Manager of any permits required or fire marshal regulations to administer this part of the production. POWER/ELECTRICAL PURCHASER shall provide the following power requixements, at no cost to ARTIST: For Lightim, (1) 600 amp 3 phase service 5 wire For Sound (1) 400amp 3 phase service 5 wire Separate transformer service and earth ground All power hookups have to be 120/208 volts, 3-phase, "Y" with neutral ground For Buses Shore power @ 220 volts 3 wire 60 amps each for three (3) buses. Sound and lighting should be on separate power sources. The lighting power sources must be within fifty (50) feet of upstage left and the sound power source should be within fifty (50) feet of upstage right. Voltage shall vary no more than five percent (5%) with no current drain when full amperage is drawn. Adequate fusing, spare fuses, disconnect switches and terminals with lugs suitable for attachment to 4/0 cables will be required at source. Lugs should be sufficient size to accommodate 4/0 bare ends without removal of any copper. PURCHASER to provide a building electrician from load-in through load-out. Jo Dee Messina Concert Rider as of 2/26/02 Page 13 LABOR At no cost to ARTIST, PURCHASER shall provide one (1) competent runner with knowledge of the area, valid drivers license and vehicle. The vehicle must comfortably accommodate seven (?) people with luggage. Runners shall report to the ARTIST's Production Manager at the time of load-in and remain through load-out. The runners are for the exclusive use of the ARTIST's Production Manager. PURCHASER to provide the following, at no cost to ARTIST: Load-in One (1) Fork lift & operator One (1) Electrician Four (4) loaders Twenty (20) hands Four (4) up-riggers Two (2) down-riggers (Riggers must have drop lines, belts and other necessary equipment.) Show call One (1) Electrician Four (4) deck hands Four (4) front of house spot operators Load-out One (1) Fork lift & operator One (1) Electrician Four (4) loaders Twenty Four (24) hands Four (4) up-riggers Two (2) down-riggers PARKING/LOAD-IN ACCESS PURCHASER shall insure parking space will be made available to the ARTIST from the lime of load-in throughout load-out. This area must be adjacent to the load-in areaand shall be sufficient to park the following: Two (2) 45' custom tour buses Two (2) 53' semi-tractor Ir/filer macks The equipment loading area must be cleared of vehicles Ix/or to load-in. This area must remain clear and unobstructed through the completion of load-out. PURCHASER shall obtain, at no cost to ARTIST, all police and/or municipal permits if it is necessary to load- in from the street. In the event of snow or ice, PURCHASER shall provide, a! no cost to ARTIST, essential snow removal equipment, sand, salt and necessary personnel to provide a clear, safe load-in area pr/or to arrival and departure of all minks, buses and other entourage vehicles. PLrRCHASER shall ensure the parking area be properly secured at all times. ~ A0en d~,~ I ~ | SECURITY PURCHASER shall employ professional security to ensure the safety of the ARTIST's instruments, equipmer costumes, personnel and personal property before, during and after the engagement, at no cost to ARTIS. Professional security will be defined by ARTIST's Security Director in the security advance. Security will be dismissed from all applicable locations by ARTIST's Production Manager. The first security guard on site will check in with ARTIST's Production Manager and receive a sample pass sheet and briefly discuss policy. PURCHASER shall ensure a security meeting with ARTIST's Representative (to be held one (1) hour prior to the opening of doors) will be attended by a building manager or representative, PURCHASER' s representative, and heads of police and T-shin (peer) security. Security shall be positioned as follows: From load-in through completion of load-out: One (1) person at backstage door One (1) person in backstage/loading area for buses & trucks From one hour prior to sound check until the audience has left the building: From sound check - until released by ARTIST's Security Director: One (1) person at each entry point to the backstage area. One (1) at each entry of the dressing room area. One (1) person at mix position. One (1) T-shin security and one (1).armed police officer in plain clothing to secure ARTIST. PURCHASER shall provide adequate security for Merchandising locations as per ARTIST's Merchan¢ Representative' s advance. PURCHASER shall provide adequate security for front of stage, as determined by ARTIST's Security Director and will be advanced prior to show date. PURCHASER shall ensure access to the stage will be guarded by security at all times and only those persons designated by ARTIST will be allowed on stage during ARTIST's performance. Security personnel will not be allowed on stage during the performance or in the dressing rooms at any time. In the event house security consists of ushers, PURCHASER shall employ a separate professional security team for front of stage, mix position and backstage areas to ensure ARTIST's safety and well-being. Should ARTIST be performing consecutive nights at the venue, PURCHASER shall provide overnight security to be present on stage with ARTIST's equipment until relieved by ARTIST's production crew each day. Security will be instructed how to handle the "no telephoto cameras or attachment lens" policy in the audience and asked to enforce it. Jo Dee Messina Concert Rider as of 2/26/02 PASSES All members of ARTIST's entourage will display a laminated pass. Only persons wearing this pass will be permitted on stage or in the dressing room area. All passes will be provided and controlled by the ARTIST's representative. No other passes will be permitted. Everyone must wear a pass at all times. Persons abusing pass privileges are subject to ejection. A sample pass sheet will be distributed to the first security guard on duty. Pass privileges will be discussed in detail at the security meeting, one hour before doors opening. ~ A~en ~1~_ 'I t~ MAR 2 P'a L----_L....- ?age 15 MEET & GREET This will take place prior to ARTIST's performance. Tour Manager will communicate in advance of the show what time and where these people should meet to be escorted to the Meet & Greet. Meet & Greet will include radio guests, sponsorship guests, retail and contest winners, all of which must be pre-approved bv ARTIST's Management. ARTIST's fan club members will be included as well. BACKSTAGE ROOMS - PURCHASER shall provide one production office, complete with three ~ with modular jacks, three telephones, tables and chairs. This room is for the exclusive use of ARTIST' s Production Manager. Telephones should be ordered immediately so that the numbers can be assigned and distributed in advance of the engagement. Service shall be installed and operative by 7:30am on the day of load-in and not discontinued until after load-out. PURCHASER shall supply three (3) private, lockable dressing rooms for ARTIST as follows: Jo Dee Messina dressing room (to accommodate 4 people) Jo Dee Messina Band dressing room (to accommodate 10 people) Production crew room with showers (to accommodate 16 people). All dressing rooms must be available at time of load-in. Dressing rooms must be clean, well-lit, and must have climate control, full length mirrors, showers and AC outlets. All dressing rooms must have adequate soft furniture (couches & chairs) for the amount of people that the rooms will hold. These dressing rooms must be capable of locking, with keys given to ARTIST's Production Manager. PURCHASER shall provide a "catering room." This room should be clean, quiet, comfortable and have seating for 60 people with banquet-type tables and clean tablecloths. Jo Dee Messina Concert Rider as of 2/26102 Agend~ ~ pg Page 16 CATERING REQUIREMENTS PURCHASER shall provide the following at no cost to ARTIST. ARTIST's Production Manager will determh the exact times and the exact menus during the advance. The following figures are for JDM touring personnet only. This does not include other performers or local crews. Arrangements should be made to accommodate any others who will be offered catering services. Refreshments - from load-in until load-out. Coffee, tea, juices, spring water, iced tea, sodas, condiments and ice. Breakfast - For 25 People (30 minutes prior to load-in). (2) gallons milk (whole & skim or no-fat) (3) quarts assorted fruit juices (2) cases of bottled spring water (3) loaves bread (1 wheat, 1 white, 1 other) (4) dozen eggs Equivalent of (1) dozen eggs in "Egg Beaters" (2) pounds of bacon and/or sausage (2) pounds of turkey sausage (2) cases assorted soft drinks Assorted low and/or no-fat yogurt (1) small tub of low-fat cottage cheese Assorted fruit, cereals, oatmeal, pastries, jams and peanut butter (Please have attendant present at all times to cook hot meals to order.) Please have cooking spray available as well as oil or butter. Lunch - For 30 People. Menu ideas will be faxed as part of the advance. (2) gallons milk (whole & skim or no-fat) (2) cases of bottled spring water (2) cases assorted soft drinks Freshly brewed iced tea and sliced lemons Salad and vegetables Assorted fresh fruit Hot soups (vegetarian & non-vegetarian) Quality Hot sandwiches with side items (i.e. chips, pickles) (NO DELI TRAYS PLEASE) Please have whole grain breads available. Non-meat sandwiches (i.e. tuna salad, egg salad, etc.) marked "vegetarian" Assmhaent of condiments including low-fat mayos and salad dressings. Agen. d~I t No. l~D ~ HAR 2 6 Pg as of 2/26/02 Page 17 Jo Dee Messina Concert R/der Dinner - For 30 People. Menu ideas will be faxed as part of the advance. This meal will be a sit-down, catered meal and WILL NOT consist of "take-out" convenience type foods. If there is a local specialty, please advise ARTIST's Production Manager during the advance call. Freshly brewed iced tea After Show (50) lbs. of ice for each bus Crew bus food to be determined by ARTIST's Production Manager day of show (e.g. pizza, tacos, wings, subs). Cost not to exceed $150. Production Office - to be delivered at load-in (1/2) case of Pepsi or Coke (1/2) case of Diet Pepsi or Diet Coke (3) cases of small bottles spring water (room temperature) (50) plastic cups, Solo brand One dozen clean white hand towels (pre-washed) Five dozen clean white cotton large bath towels (pre-washed) plus 10 bars of soap (Dial, etc.) Crew Room - from 4:00 pm until end of load-out (1) case assorted sodas (i.e. Coke, Pepsi, 7Up, root beer, Diet Pepsi) (~2) za;:. of .~.~i!ler Lite (1) case of bottled spring water Small fmiI and cheese basket Large bag of plain M & M' s (1) jar em:h of peanut butter & jelly (2) loaves of bread (one white and one wheat) Tortilla chips with hot salsa (1) bag of Ruffles potato chips Large plastic cups and clean ice Jo Dee Messina Concert Rider as of 2/26/02 Jo Dee's Dressing Room - from 4:00 pm until end of load-out (1) case of bottled spring water (room temperature) NO EVIAN PLEASE (6) cans of Coke (6) cans of Diet Coke Serving for two people of select deli cut of turkey or chicken (1) small container of non-fat cottage cheese (1) canon of Marlboro Lights (1 ' Fruit basket and veggie tray for (4) people 1 hour before doors: Hot appetizers to feed 6-8 people to be advanced by ARTIST's Production Manager day of show. Band Dressing Room - from 4:00 pm until end of load-out (2) cases of bottled spring water (room temperature) NO EVIAN PLEASE (2) cases beer (1/2 imported and 1/2 domestic) (1/2) case assorted sodas (Mt. Dew, Dr. Pepper, Diet Pepsi Caffeine Free) (12) Bottles of Gatorade or Powerade (1) Gallon orange juice (1) Fruit, veggie and cheese tray for (10) people with dip (1) Large bag of potato chips (1) Large bag of Tortilla chips (1)Jar of hot salsa ( b 'e Coffee and hot tea setup Large plastic cups, napkins, and clean ice Agreed to and accepted: By (PURCHASER) Jo Dee Messina Concert Rider as of 2/26/02 Agen.da.~I te~, No. ]~_? HAR 2 6 Page 19 ADDENDUM A -- ~Jo; &,pt,'¢_~gl~ Slim, Fast Presents JO DEE MESSINA'S It's Your Life Tour Sponsorship Addendum Jo Dee Messina Concert Rider 2002 All Slim. Fast Sponsored Shows All references to the It's Your Life Tour". include "Slim,Fast p: Jo Dee Messina's PURCHASER SHA THE FOLLOWING ADVERTISING Slim.Fast is the designated presentin included in all advertising and media pro~ be purchased from Steve Bassett at Bill ;or of Jo Dee Messina's tour and must be ting the tour. All advertising materials must Productions 281-240-7400. TICKET PRINTING Pm-chaser will ensure that tickets 1 JO DEE MESSINA Presented by Slim-Fast With: Support Act following: (mandatory) (mandatory) (mandatory) (where possible, not Please refer to Subject to Purchaser of Artist's 2002 rider. ae restxictions: one (1) Meet and Greet Area backstage. This spaxa'~e will need to people. This space also needs to accommodate a Slim-FasN~ckdrop. iAgenda Item-, 1 MAR Page 2 Sponsorship Addendum Jo Dee Messina Concert Rider 2002 REGISTRATION AREA Subject to venue restrictions: Purchaser shall provide a registration area in the lobby for Slim,Fast to conduct on-site promotions. If outdoors, purchaser will provide a similar space for such an area in a central visible location. SIGNAGE Subject to venue restrictions: Purchaser will allow prominent Slim. Fast signage throughout the venue. Depending on whether an outdoor show or indoor show, sites could include sides of stage, entrances, parking lots, private boxes, lobbies, concourses, etc. The final location of the signage will be at the discretion of Artist and her tour manager. There will be no other presenting signage in the venue. Any and all other signage will need prior approval by Stuart Dill at Refugee Management. SAMPLING Subject to venue restrictions: Purchaser shall allow Slim,Fast to conduct free sampling on-site. Dispatch samplers will be allowed three (3) tents, not to exceed 10' x 10'. PARKING Parking access for SlimoFast's road crew, two (2) vans/SUVs and one (1) car will be made available in same area as Artist's buses and trucks. SLIMeFAST CONTACT For information on advance set-up or on-site issues, please call Ikon Oberlender at Alliance at (212) 546-1859. Any questions outside any on-site issues, contact Stuart Dill or Debbie Randle at Refugee Management at (615) 256-6615. AGREED AND ACCEPTED BY: AGREED AND ACCEPTED BY: BUYER Dreambound Enterprises, Inc. f/s/o Jo Dee Messina LAgend& 4rem ~- ADDENDUM B BACKLINE EQUIPMENT FOR BASS: (1) - 4 x 10 CABINET: (1) - 400 WATT HEAD: SWR or TRACE or HARTKE GK or TRACE or HARTKE FOR STEEL: (2) - 1 x 15 AMPS PEAVEY NASHVILLE 400 or PEAVEY SESSION 400 FOR GUITAR 1: (2) - PEAVEY GTR AMPS: PEAVEY CLASSIC SERIES or FENDER TWIN FOR GUITAR 2: (1) - PEAVEY GTR AMP: PEAVEY CLASSIC SERIES or FENDER TWIN FOR KEYS: CLAVINOVA (1) - ORGAN KEYBOARD or PLUS (1) - DIGITAL WEIGHTED PIANO or (1) - HEAVY DUTY 2 TIER STAND HAMMOND XK-2 ROLAND VK-70 YAMAHA P- 100 ROLAND RD SERIES QUICK-LOCK "X" or "Z" MODEL FOR DRUMS: 6 PIECE YAMAHA DRUM KIT: 6 Z[LDJIAN CYMBALS: HEAVY DUTY HARDWARE: & & 10" & 12" RACK TOMS 14" & 16" FLOORTOMS 14" SNARE DRUM 14" PICOLO or 12" SNARE 22" BASS DRUM 20" RIDE 14" HI-HATS 16" CHINA 14" & 16" IVIED CRASHES 10" or 12" SPLASH NO 18" CRASHES 6 CYMBAL BOOM STAN~DS 2 SNARE STANDS HI-HAT STAND/PEDAL HEAVY DUTY THRONE DW 5000 KICK PEDAL PEARL POWERSHIFTER 6 x 6 DRUM CARPET FOR VOCALS: OTHER: SHURE UHF HAND I4EI.D RF MIC BETA 87 HEAD 9 STURDY GUITAR STANDS PLEASE ASSURE THAT ALL EQUIPMENT IS IN COI~IPLETE & PROFESSIONAL WORKING ORDER, AND THAT ALL UNITS HAVE CORRECT FOOT SWITCHI~S and/or VOLUME PEDALS. EXECUTIVE SUM MARY AWARD BID #02-3329 FOR THE ANNUAL CONTRACT FOR READY MIX CONCRETE TO SCHWAB READY MIX, INC. AND KREHLING INDUSTRIES FOR AN ESTIMATED ANNUAL EXPENDITURE OF $25,000. OBJECTIVE: To ensure the effective and efficient purchase of ready mix concrete by various County Departments. CONSIDERATION: Ready Mix Concrete is necessary for the maintenance of sidewalks and bridges in various areas of the County by the Road and Bridge Section, and for various repairs by other departments in the County. 2. Bid #02-3329 was posted on January 7, 2002. Seven (7) inquiries were sent and two (2) bids were received and opened on January 23, 2002. No bids were received for Other Related Material and prices were negotiated with Krehling Industries. Staff recommends award of Bid #02-3329 to Schwab Ready Mix Inc. for the Pump Ready Mix and Flowable Fill and to Krehling Industries for Other Related Items. FISCAL IMPACT: Funds for these products shall come from each individual using department as projects are identified. Estimated annual expenditures are $25,000. GROWTH MANAGEMENT IMPACT: While this has no direct impact on the Growth Management Plan, it is consistent with the goals of the County to streamline and expedite the procurement of products and services. RECOMMENDATION: That the Board of County Commissioners award Bid #02-3329 for Ready Mix Concrete to Schwab Ready Mix Inc. for Pump Ready Mix and Flowable Fill and to Krehling Industries for Other Related Items. Lyn M..//V~/ood, Purchasing Agent REVIEWED BY: ~~ Ye,, ~.~,; /Vi /// Date: 3' ~ - O 2 Stephe& Y. Ca~ell, Purchasing/GS Director J~Anne Va~coe-Leamer, Admini~rative ~ices Administrator I I MAR 2 6 200~ EXECUTIVE SUMMARY APPROVE A RESOLUTION REVISING THE EMPLOYEE OF THE MONTH PROGRAM AS ESTABLISHED IN ORDINANCE 87-5 OBJECTIVE: Approval of Resolution No. 2002-__ revising the Employee of the Month programs which were established in Ordinance 87-5. CONSIDERATIONS: Collier County has a history of recognizing outstanding employees by supporting the Employee of the Month program. This program was established in 1987 as a means to award employees who have made significant or unique contributions to Collier County Government. It is also considered a means of providing incentives to enhance productivity and encourage employee responsiveness to the needs of the citizens which, in turn, promotes goodwill toward County government. The nominees for this award are submitted and elected by their peers. The Employee Services Department is responsible for overseeing, reviewing and monitoring the program. As there have been no revisions or enhancements to the program since it's inception in 1987, the Employee Services Department is desirous of increasing the monetary awards of this program. The monthly award will be increased from S50 to S150. FISCAL IMPACT: The expenditures for the Employee of the Month award will be absorbed by the award recipient's department. GROWTH MANAGEMENT IMPACT: There is no growth management impact. RECOMMENDATION: That the Board of County Commissioners approve Resolution 2002- and direct the Employee Services Department to revise the Employee of the Month program. Labor an-d-Employee Relation k~ REVIEWED BY: APPROVED BY: J~f~ialker, Director ,rtmentEmployee Services Date: JoAnne Varcoe-Leamer, Administrator Administrative Services Date: RESOLUTION NO. 2002- A RESOLUTION ADOPTING THE REVISED EMPLOYEE OF THE MONTH PROGRAM PURSUANT TO THE PROVISIONS OF COLLIER COUNTY ORDINANCE NO. 87-5 AND SUPERSEDING RESOLUTION NO. 87-82 AS OF JANUARY 1, 2002 WHEREAS, Collier County Ordinance No. 87-5 states that the Board of County Commissioners of Collier County, Florida, shall adopt a Resolution authorizing the expenditures of County funds to award County employees for recognition of outstanding service or achievement in connection with County employment; and WHEREAS, it is the desire of the Board of County Commissioners to enhance County employee productivity, promote and engender goodwill toward Counb government, encourage increased employee responsiveness to the needs and requests of the citizens of the County, and provide incentives for the attainment of these goals; and WHEREAS, Resolution 87-82 was adopted on April 7, 1987, by the Board of Counh Commissioners of Collier County, Florida, establishing the Employee of the Month Award Program; and WHEREAS. the Boarci of County Commissioners currently has an ~Employee of the Month" Program to recogmze, by cash award, exceptional performances and unique contributions to the County; and WHEREAS, ~t ~s the desire of the Board of County Commissioners to revise the current Employee of ti~e Momt~ Program and to supersede Resolution No. 87-82, effective Januar~ 1,2002. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that 1. The cast- award for the County Employee of the Month will be one hundred and rift,,, dollars ($150 2. The a~ached Exhibit *A" is hereby incorporated as part of this Resolution and *s nereby approved as tne process for nominating and selecting the 'County Employee of the Month and Year.' 3. Resolution No. 87-82 is hereby superseded, effective January, 1, 2002. THIS RESOLU-FION adopted after motion, second and majority vote favoring same. DATED: ATTEST: Dwight E. Brock, Clerk Approved as to form and legal sufficiency: Michael W. Pettit Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA PLEASE 81GN & DATE james N. Colletta, Chairman EXHIBIT "A" COUNTY EMPLOYEE OF THE MONTH AND YEAR OBJECTIVE: ELIGIBILITY: NOMINATION PROCESS: To recognize by an award, exceptional performances plus unique contributions wh/ch have produced a significant results for Collier County. All full time regular non-supervisory employees, having completed the six-month probationary period; and having been rated at least "meets standards" on their most recent performance evaluation. An employee may be nominated by a fellow employee, immediate supervisor and/or Department Director. Ail nominations must be forwarded and approved by the Department Director. If approved, the nomination is submitted to the Employee Services Department. Employee Services will screen the nominations for qualifications and forward them to a committee comprised of representatives from each County Division. The committee will meet once each month and elect by majority vote, an "Employee of the Month" for the following month. The criteria should include, but not necessarily be limited to: significant accomplishments beyond normal work responsibilities; exemplary customer service: professional achievement; application ora uniquely innovative solution to a problem; implementation ora recommendation that resulted in cost savings, higher productivity, etc.; active community service; service beyond the call of duty. After a decision has been reached by the committee, the Employee Services Department will undertake the notification process and complete it, at least ten (10) days prior to the second Board meeting of the nexI month at wh/ch time the employee will be honored publicly in open session and be introduced to the Board of County Commissioners. All monthly recipignts will aatomahcally be eligible for the "Employee of the Year" Award. The committee as staled above adll meet early in December to choose a winner, in t/me for the award to be given before the Iinal Board meeting of the years. The Employee Serv/ces Director, or his designee, will attend, but will not vote. After the decision has been made, the Employee Services MAR 2 6 2O£ pg._ ? Director will direct the notification process so that the announcement will be handled in a timely way. The funding for the awards will be as follows: The Monthly Award - funds obtained from the appropriate departmental budget. The Yearly Award - funds to be obtained from the General Fund. AWARD S: Monthly - $150.00 Yearly - $250.00 plus reserved parking for one year. Copy of certificates will be placed in the employee's file. MAR 2 o 2002 OI:LDINANCE NO. 8'7- 5 AN ORDINANCE AUTHORIZING CERTAIN PERSONNEL RELATED EXPENDITURES AND ESTABLISHING THAT SUCH EXPENDITURES ARE FOR VALID AND PROPER COUNTY PURPOSES; PROVIDING FOR PURPOSE AND INTENT; PROVIDING FOR THE AUTHORIZED EXPENDITURE OF COUNTY FUNDS; SETTING FORTH A 'PkOCEDURE FOR APPROVAL OF SPECIFIC EXPENDITURES; PROVIDING CONFLICT AND ~'.~_EVERABILITY; AND PROVIDING AN EFFECTIVE '~DATE. · .~%-,WHERE.~S, pursuant to the authority granted in Section 125.01, Florida Statutes, the Board of County Con~lssioners of Collier County, Florida, as the legislative and governing body of Collier County, has the Dower to carz-f on county government and exercise its powers and duties to the extent not inconsistent with general.or special law; and WHEREAS, Section 125.01(1)(t), Florida Statutes, authorizes the Board of County Comr~issioners to adopt ordfnances and resolutions necessary for the exercise of its Dowers; and WHEREAS, Section 125.01{1)(w), Florida Statutes,expressly authorizes the Board of County Conmmissioners to perform any act, not inconsistent with law, which is in the common interest of the people of the county; and WHEI~EAS, the Board of County C~%,~issioners ~s desirous of creating, within Collier County government, /nclud~Lng constitutional officers and th~Lr emDloyees, amore ~ro~uct/ve and efficient working environment; and W~EREAS, this goal can mo~ effectively be attained by enhancing employee Droduc~Lvity and, in this regard, providing incentive for superior Job-relate~ achievement; and WHEREAS, it is ~ecognized that the promotiun'%nd engen~lering of good will Coward the county is an important faotor affecting the pride of county employees in th~Lr work; and WHEREAS, it is anticipate~ =ha: accamplishmen: of these goals will benefit the residents of Collier County by provi~Lng a more efficten~ and res~onsive ~cal government to ~vve ~he ne~.~s of the people of Coll£er County. MAR 2 6 Pg .~ ~ NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: SECTION ONE. Purpose and Intent It shall be the purpose of this ordinance to enhance county employee productivity; promote and engender goodwill toward county government within the community; encourage increased employee responsiveness to the needs and requests of the citizens and residents of the county; and provide incentives for the attainment of these goals. This ordinance shall be liberally construed to effect its stated purpose and intent. SECTION TWO. Authorized Expenditures of County Funds In order to accomplish the goals and effectuate the purposes of this ordinance, the following expenditures are deemed to constitute valid and proper county purposes for which county funds may be used: 1. Funding and Presentation of the following awards: A. .Awards to county employees: i. For recognition of outstanding service or achievement in connection with county employment. ii. For recognition and/or successful participation in an employee suggestion program; safety in=entive program; attendance incentive program; safety idea of the month contest; employee of the month program; employee assistance program and other similar productivity /mprovement contests and programs. iii. For recognition of 5, 10, 15, 20, 25, and 30 years of County servl=e. 5. Awards to individuals or c~unity service groups to recognize volunteer services or donations of gifts to the county or beautification of the county. C. Awards to members of county advisory boards or committees. 2 AGE N0 A NC,. '/''- ~- MAR 2 6 D. The awards may include purchase and presentation of framed plaques or certificates, pins, cash and other suitable tokens of recognition. 2. Refreshments such as coffee, doughnuts, pastries or other light snacks served to employees at open house, orientation meetings, in-service training and workshops. 3. Luncheons or dinners to recognize and pay tribute to employees for longevity of service. This program shall not include expenditures for alcoholic beverages, nor shall it include expenditures for spouses of employees. 4. Seasonal or holiday promotional expenditures designed or intended to promote or engender good will toward the activities, services and.projects of the county or to enhance the image of county government within the co~n~nity. SECTION THREE. Approval of The Purpose of Expenditures By Resolution No expen~%~ures of county funds for any of %he above enumerated purposes shall be made u/~less the Board of County Commissioners adopts or has adopted an implementing resolution setting forth the specific purpose of the expenditure. SECTION FOUR. Conflict and Severability In the event this Ord/~ance co~flicts with ordinance of Collier County or o=her app1/cable law, =he more restrictive shall apply. If any phrase or port-ion of the Ordinance is held invalid or unconstitut-~onal by any court of competent jurisdiction, such port_ton shall be deemed a separate, distinct and independent prov£s~cnand such h~l~ing~hall nut affect the v~li~ity of the r~tn~ng SECTION FIVE. Effective Date This Ordinance shall become effective u~on receipt of no~ice from the Secretary of State that ~h{$ ~r~/nan~e has been f~le~ ~th =he Secretary of State. MAR 2 6 2002 Pg,~ PASSED AND DULY ADOPTED by the Board of County Comissioners of Collier County, Florida, this 17th_..__day of February 1987. ATTEST: %%A~ .~:~.~ GILES, Clerk . .~,...: - . ~..' :~ Ke~eth B?... Cuy~ County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By.' ~ Max A. Hasse, Jr., 'this o~dlnan~e file~ with the Sec,re, tory of S,~l~'~. Offl.ce_...t~.e~. ~ec:,,,c~ of ~ /~/ and acknowledgement of that NO. ~,_,- ~ ~_~"~ MAR 2 6 2002 STATE OF FLORIDA ) COUNTY OF COLLIER ) I, JAMES C. GILES, Clerk of'Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE 87-5 which was adopted by the Board of County Commissioners on the 17th day of February, 1987 during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 17th day of February, 19B7, ~ c. ~ILES Clerk of Courts Ex-officio to Boa~ County~o~ission~ s &GE~A ITE~ Wo. ,' ~.-- MAR 2 G 2002 Pg ._~ EXECUTIVE SUMMARY REQUEST BOARD APPROVAL OF AN INTERLOCAL AGREEMENT WITH THE CITY OF NAPLES FOR $00 MHz RADIO MAINTENANCE OBJECTIVE: Request Board approval of an interlocal agreement with the City of Naples for 800 MHz radio maintenance. CONSIDERATIONS: On February 23, 1999 Collier County entered into a maintenance agreement with Ericsson Inc. for maintenance of the 800 MHz radio system and the associated inventory of mobile and portable radios. Collier County procures theses maintenance services under a single purchase order and then bills agencies and departments the actual maintenance costs for their mobile and portable radio inventory. At the end of the warranty period for the City of Naples radio equipment, the City opted to use Collier County's contract pricing for maintenance services to maintain their inventory. Collier County has billed the city for these maintenance services. The City desires to formalize this process through an interlocal agreement. Based upon the City's current inventory of radio equipment the FY 02 cost will be $17,184. FISCAL IMPACT: The Ciw of Naples will reimburse Collier County for actual maintenance costs each year: FY 02 costs are $17.184. These funds are deposited into the 800 MHz Intergovernmental Radio Communications Program: Fund 188. Cost Center 140480, Object Code 487999 GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of Count3.' Commissioners approve the interlocal agreement with the City of Naples for 800 MHZ radio maintenance. INTERLOCAL AGREEMENT FOR 800 MHz RADIO MAINTENANCE THIS INTERLOCAL AGREEMENT is entered into effective the date of last signing below, by and between Collier Count,, a political subdivision of the State of Florida, hereinafter referred to as the "COUNTY" and the City of Naples hereinafter referred to as the "CITY." WHEREAS, on April 2, 1998, the Naples City Council authorized the Naples Police & Emergency Services Department to join the Collier County 800 MHz radio system and did approve appropriations for purchase and installation of radio equipment for the first ora four-phase plan for migration from the former vhfradio system to the County 800 MHz radio system; and WHEREAS, the CITY recognizes the cost and practical benefits of participating in a COUNTY managed radio system that provides the CITY no cost maintenance of the radio system infrastructure, county-wide broadcast capabilities, economy of scale equipment purchases, and appreciably enhanced public safety communications; and WHEREAS, for fiscal year 2001/2002 the COUNTY offers all radio system agency participants an opportunity to enter into an Agreement through the COUNTY for annual maintenance of 800 MHz portable and mobile radios through a sole-source authorized local vendor at a lesser per unit cost for the CITY than would be possible by direct contract between the CITY and the same vendor for the same services; and WHEREAS. the Naples Police & Emergency Services Department and the CITY benefit through economy of scale by entering into an Agreement with the COUNTY for annual maintenance of the 800 MHz radio equipment; WHEREAS, the Naples Police & Emergency Services Department has an authorized budget of $17,184 for 800 MHz radio maintenance costs for fiscal year 2001/2001; and WHEREAS, the COUNTY radio maintenance contract cost for the Naples Police & Emergency Services Department is within the department badger; NOW, THEREFORE, the CITY and the COIYNTY agree and acknowledge as follows: The COUNTY is a party to an agreement wilh Ericsson, Inc., for maintenance of the 800MHz radio system. The Agreement is rifled "EDACS System Maintenance Agreement", CEDACS Agreement") a copy of which is attached hereto as Exhibit "A" and incorporated herein. That agreement provides (in paragraph 2) that the terms and conditions of the agreement shall be extended to all agencies and entities that operate on Collier County EDACS radio system. The C1TY is such an enti~% The CITY and COUNTY agree that the CITY will xeceive all of the benefits of the exlension of the EDACS Agreemeni to the CITY. At the direction of the COUNTY, the CITY will pay lo the COUNT vendor, the CITY's proportionate share of the cost ofrnaintenance an cost of repairs at the rates provided in the EDACS Agreement. The CFI' annual maintenance costs for fiscal year 2001/2002 is set forth in the Attachments as a per unit cost. The maintenance and repair costs will be payable upon invoice by the COUNTTY, within 45 days after receipt by the CITY. Either party may terminate this Agreement upon 60 days written notice, without penalty, unless terminated by mutual agreement of the parties. Unless terminated pursuant to paragraph 4., this Agreement shall remain in effect for so long as the EDACS Agreement remains in effect. IN WITNESS WHEREOF, the COUNTY and the CITY have executed this Agreement as of the date set forth below. Dated: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY FLORIDA ATTEST: DWIGHT E. BROCK, Clerk By: By: Deputy Clerk Approved as to form and legal sufficiency: Thomas0 C.~Palme~r~ Assistant County Attorney ATTEST: TARA A. NORMAN, Clerk By: Approved as to form and legality: By: Beverly Grady, City Attorney Attachments 100035_1 James N. Coletta Chairman CITY OF NAPLES By: Bonnie R. MacKenzie, Mayor Date: MAR 2 6 2002 EXECUTIVE SUMMARY REQUEST BOARD APPROVAL TO PURCHASE COMMUNICATIONS EQUIPMENT TO UPGRADE THE VHF PAGING SYSTEM UTILIZED BY PUBLIC SAFETY AGENCIES IN THE AMOUNT OF $52,176.80 OBJECTIVE: Request Board approval to purchase communications equipment to upgrade the VHF paging system utilized by public safety agencies in the amount of $52,176.80. CONSIDERATIONS: Fire. EMS and emergency management agencies in Collier County receive notification of emergency calls via both the 800 MHz radio system and a VHF paging system. The VHF paging system is used to alert on duty, off duty, and command staff of emergency calls for service, both medical and fire. This system is interfaced to the 800 MHz radio system and this enhancement will provide equipment more compatible with the 800 MHz system than the current equipment being utilized. Prior to implementation of the 800 MHz system, the paging system was part of the radio system utilized for public safety communication and was maintained by the Sheriff's Office. The VHF paging system provides the most cost effective and reliable means of alerting personnel of calls for sen, ice. Paging equipment is not available for operation in the 800 MHz band. The current paging system is more than 20 years old and is based upon vacuum tube technology. The current system has become extremely difficult to maintain and has experienced outages. The Sheriff's Office has tried to maintain the equipment in working order, but has deemed it no longer cost effective. The public safety agencies and Interim County Emergency Services Administrator have recommended that replacement and maintenance of the paging equipment be added to the 800 MHz system infrastructure as a county wide communication asset. It is also recommended that this upgrade include an increase in antenna height on the tower to improve signal coverage, Two vendors have been identified that can supply the equipment, required installation services and maintenance support that meets the response time criteria for public safety radio systems. These vendors were Team One Communications from Fort Myers and Communications International Inc. &Naples. Communications International is the sales and maintenance provider for the County's 800 MHz radio system. Communications International Inc. was the low bidder of the two vendors and their pricing meets discount levels afforded Collier County for 800 MHz equipment. Consolidating maintenance of the paging system with maintenance &the 800 MHz system will improve reliability and response to sen, ice requests. Executive Summary Paee" FISCAL IMPACT: The one time cost for the equipment will be $52,176.80. In FY 02. the reoccurring cost for tower lease payments is $22,050, a prorated portion of the total annual lease payment of $37,800. These expenditures will reduce FY02 reserves by $74,226.80. The annual reoccurring costs will be $41,600, $37,800 for tower lease payments and $3,800 for annual maintenance services that will be paid from Fund 188. the traffic ticket surcharge fund. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County, Commissioners approve' · The purchase of replacement equipment and installation services for the VHF paging system from Communications International lnc. Authorize budget amendments in the amount of $74.226.80 from Fund 188 Reserves for the $52,176.80 equipment costs and $22,050 for FY 02 to~ver lease payments. Authorize an amendment to Collier County lease number 800. with Alpine Broadcasting (WAVV), adding 2 VHF antennas and line at the 700-foot level on an existing radio lower at an annual cost of $37.800. PREPARED BY: ~ '" "- ~- ' --.tohn Daty, Telecommunications Manager, Information Technology Department Barry Axelrod, Information Technology Director stece Carnell, Purchasing/General Services Director Jo-Anne. Services Adrn4nistrator EXECUTIVE SUMMARY AWARD CONTRACTS # 01.3291 "FIXED TERM PROFESSIONAL CONSTRUCTION ENGINEERING & INSPECTION (CEI) SERVICES" TO THE FOLLOWING FIRMS: TBE GROUP, HDR CONSTRUCTION CONTROL CORP., LAW ENGINEERING & ENVIRONMENTAL SERVICES, CH2M HILL, JOHNSON ENGINEERING, HOLE MONTES, BARRACO & ASSOCIATES (ESTIMATED ANNUAL AMOUNT $350,000) OBJECTIVE: To receive the Boards' approval for award of professional Construction, Engineering and Inspection (CEI) services contracts to seven firms in order to provide professional engineering services for multiple projects without issuing individual Requests for Proposal. CONSIDERATIONS: On December 11, 2001, the Board approved Agenda Item No. (16) (E) (3) authorizing staff to begin contract negotiations with the top ranked firms for professional CEI Services for Collier County. Contract negotiations have been successfully completed by staff. All firms have agreed to a standardized fee schedule for their services, which staff believes will provide the opportunity for an equitable and fair distribution of work. Following is a list of the firms (in no order): 1. CH2M Hill 2. TBE Group 3. HDR Construction Control Corp.. 4. Law Engineering & Environmental Services 5. Johnson Engineering 6. Hole Montes 7. Barraco & Associates FISCAL IMPACT: The funding for each work order that is assigned under the approved contracts will come from each user Department. GROWTH MANAGEMENT IMPACT: While these contracts have no direct growth management impact, they are consistent with the County's tong-tern growth plans. RECOMMENDATION: That the Board of County Commissioners (1) award professional services agreement to the seven firms and (2) authorize the Chairman of the Board to sign the standard, County Attorney approved agre, ements. /' I~eJsey Ward, Senior Purchasing & ¢'ontracts Agent, Purchasing Department , ' REVIEWED BY: .. ., St~ve Carnell, Director Purchasing/Gene~'al Services Department APPROVED BY: Jo-Anne Varcoe-Leamer, Administrative Services Division Administrator Date: / Date: EXECUTIVE SUMMARY AWARD CONTRACT # 01-3292 "FIXED TERM PROFESSIONAL STRUCTURAL ENGINEERING SERVICES" TO THE FOLLOWING FIRMS: JENKINS & CHARLAND, CH2M HILL, AMERICAN CONSULTING ENGINEERS, TKW CONSULTING ENGINEERING, ANCHOR ENGINEERING CONSULTANTS, PYPER ENGINEERING {ESTIMATED ANNUAL AMOUNT $175,000) OBJECTIVE: To receive the Boards' approval for award of professional Structural Engineering services contracts to six firms order to provide professional engineering services for multiple projects without issuing individual Requests for Proposal. CONSIDERATIONS: On January 8, 2001, the Board approved Agenda Item No. (16) (E) (3) authorizing staff to begin contract negotiations with the top ranked firms for professional Structural Engineering Services for Collier County. Contract negotiations have been successfully completed by staff. All firms have agreed to a standardized fee schedule for their services, which staff believes will provide the opportunity for an equitable and fair distribution of work. Following is a list of the firms (in no order): 1. CH2M Hill 2. Jenkins & Charland 3. American Consulting Engineers 4. TKW Consulting Engineering 5. Anchor Engineering Consultants 6. Pyper Engineering FISCAL IMPACT: The funding for each work order that is assigned under the approved contracts will come from each user Department. GROWTH MANAGEMENT IMPACT: While these contracts have no direct growth management impact, they are consistent with the County's long-tern growth plans. RECOMMENDATION: That the Board of County Commissioners (1) aware professional services agreement to the six firms and (2) authorize the Chairman of the Board to sign the standard, County Attorney approved agreements. Kel~y W .~,~., Senior Purchasing. and Co~tracts Agent, Purchasing Department / REVIEWED BY: . ~-~ ~;~ , C~,-j~/ ~.- Date: - Steve (~arnell,~ Director - Purchasing/General Services Depa, b~ent APPROVED BY: ,_~/~_ ~ Date: Jo-Anne Varcoe-Leamer, Administrative Services Division Admfnistrator APPROVED BY: Date: Thomas W. Olliff, County Manager AG[ N~'~A ITEM/ MAR 2 6 002 P~. / EXECUTIVE SUM MARY AWARD RFP 02-3327 - ANNUAL CONTRACT FOR ROADWAY CONTRACTORS FOR AN ESTIMATED ANNUAL AMOUNT OF $700,000 TO $800,000. OBJECTIVE: To enable Staff to maintain and improve roads in an expedient, cost effective manner. CONSIDERATIONS: The Transportation Division has a continuing need for roadway construction services in order to maintain and improve roads. Such services include lengthening or modifying turn lanes, modifying median openings, and intersection improvements to name a few. A Selection Committee approved by the County Manager met on February 20, 2002 to discuss the proposals. By consensus, the Selection Committee wishes to contract with all of the shortlisted firms in order to have a variety of firms available to perform the required work. The shortlist is as follows: 1. Better Roads, Inc. 2. Bonness, Inc. 3. APAC-Florida, Inc. 4. Florida State Underground The contract calls for staff to obtain quotes from at least three (3) of the selected firms for projects between $25,000 and $200,000 with Board approval required over $100,000. FISCAL IMPACT: The estimated annual dollar amount referenced above is subject to change depending on the needs of the various operating departments. Funds for these services shall come from each individual using department as projects are identified. GROWTH MANAGEMENT IMPACT: While this has no direct impact on the Growth Management Plan, it is consistent with the goals of the County to streamline and expedite the procurement of services. RECOMMENDATION: That the Board of County Commissioners award RFP 02-3327 "Annual Contract for Roadway Contractors" to all four firms and that the Chairperson be authorized to sign the standard County Attorney approved agreements on behalf of the Board. L.~n '1~. Wood, Pu~c-hasirig" Stephen Y. Cam~ll, P/urchasing Director Jo-Anne Varcoe-Leamer, Administrative Services Administrator -- AGE 14OA [TEN ' .o. /'~-~'~ "'"7 HAR 2 6 2002 EXECUTIVE SUMMARY RECOMMENDATION TO DECLARE TWELVE HUNDRED AND FIFTEEN (1,215) COUNTY- OWNED VOTING MACHINES AND OTHER MISCELLANEOUS VOTING EQUIPMENT AS SURPLUS AND AUTHORIZE A SALE OF THE SURPLUS PROPERTY TO COUNTY EMPLOYEES AND THE PUBLIC PURSUANT TO FLORIDA STATE STATUTE 274.06 (ESTIMATED REVENUE $12,150) OBJECTIVE: To have the Board declare twelve hundred and fifteen (1,215) County-owned voting machines and other miscellaneous voting equipment as surplus and authorize the sale of the obsolete voting equipment to employees and the general public at a sale as described herein. CONSIDERATIONS: Pursuant to Chapter 274.05, F.S., invitations were sent out on December 17, 2001 for Surplus Bid No. S02-3320- Surplus Sale of Voting Equipment. The equipment was offered to governmental agencies and bid offers were due on Friday, December 28, 2001. No bid offers were received. The equipment was also offered to the public and bid offers were due on Friday, January 4, 2002. Again, no bids were received. Florida Statute 274.06 Surplus Property Alternative Procedures allows Counties to dispose of property that is obsolete and is under $5,,000 in value. Pursuant to the Purchasing Policy, attached is an itemized list of the twelve hundred and fifteen (1,215) surplus voting machines and other miscellaneous voting equipment that has been transferred to the Purchasing Department for disposal. Staff is recommending that the obsolete voting equipment be sold at a pdce of $10.00 per piece, which is consistent with the price obtained by surrounding counties for their obsolete voting equipment. The sale procedure is outlined below: ,, A sale will be held on Friday, April 5 and Friday, April 12 from 10:00 AM to 2:00 PM at the County's surplus warehouse. · The sale price for each piece of equipment is $10.00. · The sale will be advertised in the classified section of the Naples Daily News. · All voting machines will be sold as is and on a first come, first serve basis. · Voting machines must be paid for at time of purchase by cash or check (with proper · Total sales for all obsolete voting equipment will not exceed $12,150. FISCAL IMPACT: Maximum gross revenue is projected at $12,150. All revenues and expenses associated with the sale will be recorded in the General Fund. GROWTH MANAGEMENT IMPACT: There is no growth management impact. 2 6 200t RECOMMENDATION: That the Board of County Commissioners authorize the sale and disposal of twelve hundred and fifteen (1,215) voting machines and other miscellaneous voting equipment as per the attached list, and authorize sale of surplus computers to County employees and the public as described herein. PREPARED BY: Gwen Butler, Purchasing §upervisor Steve Carnell,' Director, CPM Purchasing/General Services REVIEWED BY: ,,,/~ DATE: Jo-Anne Varcoe-Leamer, Administrator Administrative Services Division REVIEWED BY: DATE' QUANTITY 1150 50 15 1000 2 1 4 8O 100 25 36 ATTACHMENT A LIST OF SURPLUS VOTING EQUIPMENT ITEM DESCRIPTION Standard Votomatic units with plastic ballot frames CES Ill Votomatic units with plastic ballot frames Standard Votomatic units Plastic Ballot Frames CO2 crimpers for ballot pages CES gang mask punch for ballot mask including pins CES aluminum frames for assembling ballots Steel ballot boxes 14"x14"x18" Steel transfer cases, long stub, 15" wide Steel transfer cases, long stub, 11" wide Short stub transfer cases MAR 2 G 2002 Pg. EXECUTIVE SUMMARY AUTHORIZE WORK ORDER # BSSW-02-01 ISSUED TO BARANY SCHMITT SUMMERS WEAVER AND PARTNERS INCORPORATED, IN THE AMOUNT OF $89,630.00, FOR THE DESIGN AND CONSTRUCTION MANAGEMENT OF EMS STATION #19 TO BE LOCATED ON SANTA BARBARA BOULEVARD. OBJECTIVE: To design a Emergency Medical Services (EMS) station on Santa Barbara Boulevard. CONSIDERATION: On 9/12/00, under agenda item 16(F)(2), the Board accepted title to a 7- acre parcel of land that was purchased from the Collier County School Board for the purpose of constructing an EMS station and future Emergency Operations Center. The EMS-19 station will be very similar in design to the new EMS-17 station that was recently built on 13th Avenue SW in Golden Gate Estates and designed by Barany Schmitt Summers Weaver and Partners Incorporated. Since the architect is already pre-qualified under the County's annual architectural contract (RFP #01-325, 11/2'7/01 agenda item 16(E)(2)), staff requested a proposal for the re- design and construction management fees for the proposed EMS-19 station. FISCAL IMPACT: Design funding is available from EMS impact fees. The negotiated proposal is $89,630.00. GROWTH MANAGEMENT IMPACT: This request is consistent with the County's Gro~vth Management Plan. RECOMMENDATION: That the Board of Collier County Commissioners authorize work order #BSSW-02-01 under the County's annual contract with Barany Schmitt Summers Weaver and Partners Incorporated and authorize the Director of Facilities Management to sign the Work Order after review by the County Attorney's Office as to form and legal sufficiency. SUBMITTED BY: Bob Pierce. Project Manager Facilities Management Department DaTe: REVIEWED BY: ~" // /~ J/ack Crognale, Se~nior Project Manager Facilities Management Department Date AGE UO, a ~o. , ,,.'---:7~ -'~ MAR 2 6 2002 Executive Summary Authorization of Work Order #BSSW-02-01 Page 2 of 2 REVIEWED BY: 'Skip Camp, CFM. Director Facilities Management Department APPROVED BY' L~/~''// Date: Jo-Anne Varcoe-Leamer, CPA, Administrator Administrative Services Division MAR 2.~6 2002 EXECUTIVE SUMMARY REQUEST BOARD APPROVAL FOR MULTIYEAR TELEPHONE SWITCH MAINTENANCE AGREEMENT WITH AVAYA INC. USING STATE OF FLORIDA CONTRACT PRICING AND MASTER AGREEMENT AT AN ANNUAL COST OF $104,000. OBJECTIVE: Request Board approval for a multiyear telephone switch maintenance agreement with Avaya Inc. using State of Florida contract pricing amd master agreement at an annual cost of $104,000. CONSIDERATIONS: Collier County operates 5 telephone switches that have been purchased from the corporate predecessors of the Avaya Inc., AT&T and Lucent, and are currentlx maintained by Avaya lnc. Funds for these maintenance services are budgeted in each cost center and costs are allocated out monthlx. Based upon the current configuration of the County's telephone network, annual maintenance costs in FY 03 would be $120.00 annualh' on a single year agreement. By utilizing the State of Florida multi-year contract pricing the annual cost is reduced to $104,000 annually a savings of $16.000. Terms and conditions for the services are established in the State's master agreement. Annual maintenance costs will onlx be adjusted based upon the addition or deletion of telephone inventor>' or telephone switch features. The per unit cost is fixed for the full term of four (4) years. The proposed maintenance agreement i.~ a four (4))'ear term. The State Master Agreement allox~s the count3.' to terminate annually, hoxvex er Avaya is committed to the full four year term. FISCAL IMPACT: The Annual maintenance costs under the new agreement will be $104,000 which is currently budgeted in each department's cost center. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of Count3.' Commissioners approve the use of State Contract pricing from Avaya lnc. for telephone switch maintenance and authorize the Information Technology Director to sign the appropriate maintenance documents. PREPARED BY:,,~;;,"~ /~-J~n Daly, Radi6 Communications Manager, Information Technology Departmen! REVIEWED BY: SteveCarnell, Purchasing Director BarD' Axelrod, Information Technolog3, Director REVIEWED BY: . ~ Jo-~Anne Varcoe-Leamer. Administrative Services Administrator EXECUTIVE SUMMARY AMEND THE RESOLUTION (02-120) ESTABLISHING AN EMPLOYEE HEALTH AND WELLNESS PREVENTION, INCENTIVE AND REIMBURSEMENT PROGRAM TO REWARD EMPLOYEES WHO PARTICIPATE IN COUNTY SPONSORED OR ENDORSED HEALTH AND WELLNESS PROGRAMS IN AN AMOUNT NOT TO EXCEED $35,000 ANNUALLY. OBJECTIVE: To correct the effective date of the approved Resolution No. 02-120 for the implementation of an employee health and wellness prevention, incentive and reimbursement program approved on 2/26/02 CONSIDERATIONS: The original recommendations effective date was to read October 1. 2001 not October 1. 2002. FISCAL IMPACT: It is estimated that in FY 02, the Risk Management Department will expend approximately $35.000 on these programs. Funds are budgeted within Fund 517, Group Health and Life specifically for this purpose. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: It is recommended that the Board of Commissioners approve a resolution authorizing the establishment of an employee health and wellness prevention, incentive and reimbursement program with a revised effective date of October 1. 2001. SUBMITTED BY: C'2-,.,,i ,_.~ Date: Jeff~'~Ta~ker. CPCU, ARM, Employee Services Director APPROVED BY: ~ Date: ..~//8/~,2.""-- · Jo-Anne Varcoe-Leamer, Administrative Services Administrator RESOLUTION NO. 02-120 RESOLUTION APPROVING THE ESTABLISHMENT OF AN EMPLOYEE HEALTH AND WELLNESS PREVENTION, INCENTIVE AND REIMBURSEMENT PROGRAM TO REWARD EMPLOYEES WHO PARTICIPATE IN COUNTY SPONSORED OR ENDORSED HEALTH AND WELLNESS PROGRAMS. WHEREAS, Collier County Government desires to be an employer of excellence: and WHERAS, the Risk Management Department is presently seeking to adopt more innovative and effective health and wellness programs for its employees; and WHEREAS; the occurrence of preventable illness among county employees and their covered dependents is costly to the County in terms of health care expenditures, missed work days, reduced productivity, and reduced morale; and WHEREAS; many private and public employers have implemented or are considering implementing various health and wellness incentives to reduce health care expenditures, reduce lost work days, increase productivity, and improve morale; NOW. THEREFORE BE 1T RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: This Resolution to approve the initiation of an Employee Health and Wellness Prevention. Incentive, and Reimbursement Program is hereby adopted with an effective date of October 1, 2001. Under this program, employees who participate in County' sponsored wellness programs which may include but not be limited to health fairs, exercise incentives, smoking cessation programs, nutrition counseling, medical screenings and tests, disease-specific prevention and management programs, inoculations, weight management, and other programs intended to prevent the onset of disease, manage disease, and/or address issues of morbidity shall be eligible for payment or reimbursement for their participation depending upon the type of program offered. Such payment or reimbursement shall not exceed $I00 per participant per program. The Risk Management Director shall be authorized to implement procedures to manage this program. In addition, this Resolution shall authorize the expenditure of funds for the promotion of health and wellness programs subject to the requirements of the Collier County Purchasing Policy. This Resolution adopted after motion, second and majority vote, favoring same. DATE: , 2002 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA A'YFEST: DWIGHT E. BROCK, Clerk By: James N. Coletta, Chairman By: Deputy Clerk AIyproved as to form and legal sufficiv.~y: By: Ramiro Mafialich Chief Assistant County Auorney AGENDA IT£~t ~ EXECUTIVE SUMMARY REQUEST BOARD APPROVAL OF A LEASE AGREEMENT BETWEEN M/A COM PRIVATE RADIO SYSTEMS INC. AND COLLIER COUNTY GENERATING ANNUAL REVENUE OF $72,900 AND A RESOLUTION REGARDING SAME OBJECTIVE: Request Board approval of a Lease Agreement between M/A COM Private Radio Systems Inc. and Collier County generating annual revenue of $72,900 and a resolution regarding same. CONSIDERATIONS: On October 26, 1994, the Board approved contract 94-2201 with Ericsson Inc., now known as M/A COM Private Radio Systems Inc., for construction of the 800 MHz radio system. Collier County's radio system is comprised of 8 transmitter sites throughout the County. M/A COM Private Radio Systems. Inc. ("M/A COM") is under contract with the State of Florida to construct a statewide radio system, utilizing the same technology as Collier County's radio system, for the State's law enforcement agencies. M/A Corn's contract is a unique public/private partnership in which M/A COM will construct, own, and operate radio transmission sites for the State of Florida. Dunng the design of the State's system, M/A COM determined that several of the County's sites were ideally located for the State system and has proposed shared use of these sites to meet the spirit of the County tower ordinance and to reduce the need to develop new sites. Once the state system is complete, state agencies will be able to access Collier County's radio system for interagency communication. The limited channel availability and configuration of the state system precludes all County agencies being able to access state sites. The Lease Agreement being submitted for approval provides for a ten (10) year lease term with a ten (10) year renewal option. Either party may terminate this lease with sixty- (60) day written notice. M/A COM will be responsible for all maintenance of the State equipment. Collier County is responsible for electric service at sites. M/A COM will lease currently unused capacity on the County's microwave communication network, floor space for radio equipment in the County's equipment shelters, use of battery back up and emergency generator systems, and use of antenna systems. In exchange for these considerations M/A COM will provide the following: A ten (10) year lease payment of $804,000 reduced by $75,000 to reflect a one- year extension of the County's software services agreement for the radio system. This results in a net rent payment of $729,000 to be paid in semi-annual payments of $36,450 or $72,900 annually. Annual rental payments will be increased by five percent in year 11 and five percent in year 16. The lease payments are based on the market value of services; telephone company T1 line cost is $300 to $600 a month (Collier currently pays $184 for a radio system T1) M/A COM will pay $800 monthly, cost of shelter space (Collier pays Sprint $270 a mor~-~t t-sit, e~ M/A will pay $500 monthly per site. i ,.:: .'_'[.~'_~__1. , Executive Summary Page 2 M/A COM will complete modifications to Collier County's microwave system required to provide capacity for the State of Florida system. Collier County has maintained preemptive rights to this microwave system capacity should it become vital to operation of the County's radio system. · Upgrades to electrical back-up systems at the Immoklalee and Everglades City sites. Systems at other leased sites will be upgraded if necessary. · Antenna system upgrades to met the technical requirements of both the County's and the State's radio systems at shared sites. FISCAL IMPAC'T: Ali payments associated with this lease will be deposited into the 800 MHZ Intergovernmental Radio Communications Program (IRCP): Fund 188.Cost Center 140480. and Object Code 362110. GROWTH MANAGEMENT IMPACT: None ' N RECOMMENDATIO_ : That the Board of Count',' Commissioners approve the Lease Agreement betxveen ~1 :x, CO5I Private Radio Systems Inc. and Collier County and authorize the Chairman to thc execute the lease agreement and a resolution regarding sarne. PREPARED BY:~'L .~ ~..-~% --;-~ ~- --c~ z_ JSh'~n Dalv. Radio C~mmunications Manager. Information Technologx Departm en t REVIEWED BY: .~'7~ ,5/~.v''~z3 ~Sc>'-,z...'~/,.,-~ Michael Dowling. Real Properly Specialist. Real Property Management Department REVIEWED BY: , --- ~ Barry A*etrod. Information Technology Director REVIEWED BY: t'7~'~ ~//,/qe ~ Jo-Anne Varcoe-Leamer, Administrative Sen, ices Administrator EXHIBIT A LEASE AGREEMENT Lease # THIS LEASE AGREEMENT entered into this __ day of 2002, between M/A- COM Private Radio Systems, Inc., a Delaware corporation, whose mailing address is 3315 Old Forest Road, Lynchburg, VA 24501, hereinafter referred to as "LESSEE", and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter referred to as "LESSOR". WITNESSETH THE PARTIES AGREE AS FOLLOWS: ARTICLE I. Demised Premises LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR locations on communications towers and locations within respective ground-shelters as described in Exhibit "A" and which is attached hereto and made a part of this Lease. hereinafter called the "Demised Premises", situated in the County of Collier and the State of Florida. LESSOR grants these spaces to the LESSEE for the purpose of developing a state wide public safely radio system. LESSOR represents that it is the Owner of the Demised Premises and as long as LESSEE is not in default as provided in Article 11 hereof, LESSEE shall have quiet enjoyment of the Demised Premises. ARTICLE 2. Term of Lease LESSEE shall have and hold the Demised Premises for a term of ten (10) years, hereinafter referred to as "Initial Lease Term," commencing on tile date in which this Lease is accepted by the LESSOR. LESSEE is granted one (1) separate option, provided it is not then in material default of any of the provisions of this Lease, to renew same for an additional ten Il0} years each under the same terms and conditions, as provided herein, except as to the rental amount, as proxided herein, by giving written notice of LESSEE'S unconditional intention to do so to the LESSOR not less than thirty (30) days prior to the expiration of the leasehold estate hereby created or the renewal term then in effect. Said notice shall be effective upon actual receipt by LESSOR. Both LESSEE and LESSOR wilt be allowed to terminate this Lease by providing the other party ~'ith sixty-day (60) written notice. Said notice shall be effective upon actual receipt by LESSEE or LESSOR. LESSEE shall be granted an additional one-hundred twenty 120 days from the aforementioned sixty-day (60~ notice period, if required, in order to secure and relocate to an alternate site for operations conducted at the Demised Premises. LESSOR will grant LESSE additional time for relocation, provided LESSEE exhibits good faith in meeting the LESSOR's request. In addition, LESSEE covenants and agrees not to use, occupy, suffer or permit said Demised Premises or any part thereof to be used or occupied for an), purpose that is not authorized by this Lease or is contrary to law or rules or regulations of any public authority having jurisdiction over the Demised Premises. ARTICLE 3. Rent Lessee herby covenants and agrees to pa3' rent for the Demised Premises, outlined in Exhibit A, the sum of $80,400 annually or $804,000 for the initial ten (10) year term. LESSEE'S rent is reduced by $75,000 in recognition of a one (1) year extension of the software services agreement for the LESSOR"S radio system, resulting in a net rent of $729,000 for the initial ten (10) year term. LESSEE agrees to pay the annual rent of $ $72,900 semi-annually for years I to 10. The initial payment of $72,900 will be due within thirty (30) days of execution of this lease. Subsequent semi-annual payments for years 2 to 10 on the initial term of $34,500 will be due on January I and June I of each year beginning in 2003. Said rental payments shall be made within 30 days from the date in which LESOR executes this Lease and shall be forwarded lo the address for the Real Property Management Depa.rln'venI set forth in Article 13 of this lease. Following the Initial Lease Term, the annual rent shall increase by five (5) percent in the eleventh and fifteenth years. For the eleventh (I1th) thought fourteenth (14m) year the annual payment will be $ 84,420. Annual rent for the fifteenth to twentieth years will be $ $88,641. All annual payments will be made semi- annually with 50% of the total rent due on January 1 of each year and the remaining 50% due on July 1. 2 G 2002 If the LESSOR and the LESSE terminate this lease during the initial term LESSOR will not prorate refunded payments based upon use of the Demised premises for any portion of a calendar year LESSOR operates a digital microwave system with multiple channels or Tls, providing connectivity between radio system tower sites. The Demised Premises outlined in Exhibit A, includes use of four channels '-'"tls on LESSOR'S microwave system. LESSEE"S use of these Tls will eliminate available surplus capacity ne microwave system. During the initial term of this agreement, LESSOR has preemptive fights to utilize this TI capacity if necessary for operation of the LESSOR'S trunked radio system.~ If the LESSOR opts to exercise this right, written notification will be provided to the LESSEE. LESSEE will have thirty (30) days to submit a written proposal to provide additional TI capacity for the LESSOR and ninety (90) to implement the proposal. LESSOR or its designee will have thirty (30) days to approve or deny the proposal in writing. LESSOR shall not arbitrarily withhold approval. LESSOR may reject the proposal if it is technically deficient. If the LESSEE vacates any of the leased TI capacity, annual rental payments for each vacated TI line will be reduced based upon the rent applicable to that facility as outlined in attachment A. ARTICLE 4. Other Expenses and Charges LESSOR shall pay all electrical utility charges applicable to the Demised Premises ARTICLE 5. Modifications to Demised Premises Prior to making any material changes, alterations, additions or improvements to the Demised Premises. LESSEE must provide to LESSOR all proposals and plans for alterations, improvements, changes or additions to the Demised Premises for LESSOR'S written approval, specifying in writing, and in meaningful detail, the nature and extent of the desired alteration, improvement, change, or addition, along with the contemplated starting and completion time for such project. LESSOR or its designee will then have sixty (60) days within which to approve or deny in writing said request for changes, improvements, alterations or additions. LESSOR shall not unreasonably withhold or condition its consent to required or appropriate alterations, improvements, changes or additions proposed by LESSEE. If after sixty (60) days, there has been no response from LESSOR or its designee to said proposals or plans, then suc[~ silence shall be deemed as a DENIAL to such request to LESSEE. LESSEE covenants and agrees in connections ,.~ith an), maintenance, repair work, erection, construction, ~ rovement, addition or alteration of any authorized modifications, additions or improvements to the Demised aises, to observe and comply with all then and future applicable laws, ordinance, rules, regulations, and requirements of the United Sates of America. State of Florida, County of Collier, and any and all other governmental agencies having subject matter jurisdictlo~ All alterations, improvements and additions made to the Demised Premises shall be deemed the property of LESSEE. Prior to the termination of this Lease or any renewal term thereof, or within thirty (30) days thereafter, I,ESSEE shall promptly remove the additions, improvements, alterations, fixtures and installations which were placed in, on, or upon the Demised Premises by LESSEE, and repair any damage occasioned to the Demised Premises by such removal; and in default thereof, LESSOR may complete said removals and repairs in a reasonable manner at LESSEE'S expense. ARTICLE 6. Access to Demised Premises LESSOR, its duly authorized agents, representatives and employees, shall have the right after reasonable notice to I.,E, SSEE, to enter into and upon the Demised Premises or any part thereof at all reasonable hours for the purpose of examining the same and making repairs or providing janitorial ~ervice therein, and for the purposes of inspection for compliance with the provisions of this Lease Agreement. During times of emergency repair or maintenance, LESSEE shall be granted immediate access by requesting LESSOR'S agent of same. ARTICLE 7. Assi£nment and Subletting LESSEE shall not assign this Lease or attempt to sublet the whole or any part of the Demised Promises, or permit any other persons to occupy same without the expressed prior written consent of LESSOR which consent shall not be unreasonably withheld, delayed or conditioned. Any such assignment or subletting, with the consent of LESSOR, shall relieve LESSEE from liability for payment of rent and other sums herein provided or from the obligation to keep and be bound by the terms, conditions and covenants of this Lease. The acceptance of~.,mnt from any other person shall not be deemed to be a waiver of any of the provisions of this Lease or to be a 'ent to the assignment of this Lease or subletting of the Demised Premises. Any such attempt shall be null void. MAR 2 6 2002I ARTICLE 8. Indemnity In consideration of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, LESSEE shall indemnify, defend and hold harmless LESSOR, its agents and employees from and against any and all liability (statutory or otherwise), damages, claims, suits, demands, judgments, costs, interest and expenses (including. but no limited to, attorneys' fees and disbursements both at trial and appellate levels) to the extent arising, directly or indirectly, from any injury to, or death of, any person or persons or damage to properb (including loss of use thereof) related to (A) LESSEE'S negligent use of the Demised Premises, (B) any work or thing whatsoever negligently done, or any condition negligently created (other than by LESSOR, its employees, agents or contractors) by or on behalf of LESSEE in or about the Demised Premises, (C) any condition of the Demised Premises to the extent due to or resulting from any default by LESSEE in the negligent performance of LESSEE'S obligations under this Lease or otherwise, or (D) any negligent act, omission or negligence of LESSEE or its agents, contractors, employees, subtenants, licensees or invitees. In case any action or proceeding is brought against LESSOR by reason of any one or more thereof, LESSEE shall pay all costs, attorneys' fees, expenses and liabilities resulting therefrom and shall defend such action or proceeding so request, at LESSEE'S expense. L.ESSEE's obligation to indemnify, defend and hold LESSOR harmless is conditioned upon LESSOR giving LESSEE prompt notice of any such claim and all necessa~ information and assistance so that LESSEE, at its option, may defend or settle such claim. The LESSOR shall not be liable for any damages to or loss of, including loss due to petty theft, any property, occurring on the Demised Premises or any pan theFeof, and the LESSEE agrees to hold the LESSOR harmless from any claims for damages, except where such aamage or injury is the resull of the gross negligence or willful misconduct of the LESSOR or its employees. ARTICLE 9. Insurance LESSEE shall provide and maintain general liability and property liability insurance policy(les), approved by the Collier County Risk Management Department. for not less than Five Hundred Thousand Dollars and No/Cents ($500,000.00) combined single limits during the term of this Agreement. In addition, LESSEE shall provide and maintain Worker's Compensation Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. She coverage shall include Employer's Liability with a minimum limit of One Hundred Thousand Dollars and No/100 Cents ($100,000.00) each accident. Evidence of such insurance shall be provided to the Collier County Risk Management Department, 3301 East Tamiami Trail, W. Harmon Turner Building. Naples. FLorida, 34112, for approval prior to the commencement of this Lease Agreement; and shall include a pro~ ision requiring not less than ten (10) days prior written notice to Collier County c/o Count)' Risk Management Department in the event of cancellation or changes in policy(ies) coverage. ARTICLE 10. Maintenance To the extent not caused by LESSOR, LESSEE shall, at its sole cost and expense, keep the Demised Premises clean at all times. If due to the actions or inactions of LESSEE said Demised premises are not kepi clean in the opinion of LESSOR, LESSEE will be so advised in writing. If corrective action is not taken within ten (10) days of the receipt of such notice, LESSOR ma)' cause the same to be cleaned and corrected and LESSEE shall assume and pay all such necessary cleaning costs and such costs shall constitute additional rent which shall be paid by LESSEE within ten (10) days of receipl of written notice of costs incurred by LESSOR. LESSEE, at its sole cost, shall repair all damage to the Demised Premises caused by LESSEE, its employees, agents, independent contractors, guests, invitees, licensees, or patrons. LESSOR, at its sole cost, shall repair all damage to the Demised Premises caused by LESSOR, its employees, agents, independent contractors, guests, invitees, licensees, or patrons. LESSEE, at its sole cost, shall remove from the Demised premises in accordance with all applicable rules. laws and regulations, all solid, liquid, semisolid, and gaseous trash and waste and refuse of any nature whatsoever which accumulates or arises from LESSEE'S use of the Demised Premises. Such trash, waste and refuse shall be stored in closed containers approved by the LESSOR. ARTICLE 11. Default by LESSEE Failure of LESSEE to commence remedy of default as soon as possible and to complete remedy of default in sixty (60) (or such additional time as is reasonably required to correct such default days from receipt of AGE I'+D A IT[~ MAR 2 G 2002 written notice to LESSEE from LESSOR with any provision or covenant of this Lease in such meaningful detail specifying wherein LESSEE has failed to perform such obligation, shall constitute a default whereby LESSOR may, at its option, terminate this Lease by giving LESSEE thirty (30) days written notice Io vacate the Demised Premises unless the default is fully cured within that thirty (30) day notice period (or such additional time as is reasonably required to correct such default). However, the occurrence of any of the following events shall '-"qstitute a default by LESSEE, and this Lease may be immediately terminated by LESSOR except to the extent prohibited by lay,: (a) Abandonment of Demised Premises or discontinuation of LESSEE'S operation. (b) Material falsification by LESSEE or an agent of LESSEE of any report required to be furnished to LESSOR pursuant to the terms of this Lease. (c) Filing of insolvency, reorganization, plan or arrangement of bankruptcy. (d) Adjudication as bankrupt. (e) Making of a general assignment of the benefit of creditors. (f) If LESSEE suffers this Lease to be taken under any writ of execution. In the event of the occurrence of any of the foregoing defaults in this ARTICLE 10, LESSOR, in addition to any other rights and remedies it may have, shall have the immediate right to re-enter and remove all persons and property from the Demised Premises. Such property may be removed and stored in a public warehouse or elsewhere at the cost of and for the account of LESSEE, all without service of notice or resort to legal process and without being deemed guilty of trespass, or being liable for any loss or damage which may be occasioned thereby. The LESSOR may at its option terminate this Lease after receipt by LESSEE of thirty (30) days notice in writing if a lien is filed against the leasehold interest of the LESSEE, and is not removed within thirty (30) days. pursuant to the Florida Mechanics Lien Law or otherx~ isc. If LESSEE fails to pay, when due, any rental payment, or any other sum payable to LESSOR under this '""-se, and if said sum remains unpaid for more than five (5) days past the due date, the LESSEE shall pay ,SOR a late payment charge equal to five (5) percent of any pa.wnent not paid promptly when due. Any amounts not paid promptly when due shall also accrue simple interest of one and one half (11/2) percent per month or the highest interest rate then allowed by Florida law, whichever is higher, which interest shall be paid by LESSEE to LESSOR. ARTICLE 12. Default by LESSOR LF~SOR shall in no event be charged with default in the performance of any of its obligations hereunder unless and until LESSOR shall have failed to perform such obligations within thirty (30) days (or such additional time as is reasonably required to correct such default) after written notice to LESSOR by LESSEE properly and in meaningful derail specifying wherein LESSOR has failed to perform any such obligations. ARTICLE 13. Notices Any notice which LESSOR or LESSEE may be required to give to the other party shall be in writing d~iivered to the other party at the following addresses, or changes thereto which have been notified to the other party: LESSOR: Board of County Commissioners c/o Real Property Management Department 3301 Tamiami Trail East Naples, Florida 34112 Copy to: Radio Communications Manager LESSEE: M/A COM Private Radio System, Inc. 3315 Old Fores! Road Lynchburg, VA 24501 Aim: General Counsel cc: Florida Projec~ Dimclor ART1CLE 14. Surrender of Premises MAR 2 6 2002 Llnless LESSOR agrees otherwise in writing, LESSEE shall remove any improvements installed bx LESSEE or authorized by LESSEE prior to the expiration of this Lease and shall deliver up and surrender to LESSOR possession of the Demised Premises and any improvements not removed upon expiration of this Lease, or its earlier termination as herein provided, broom clean and in as good condition and repair as the same shall be at the commencement of the term of this Lease or may have been put by LESSOR or LESSEE during the continuance thereof, ordinary wear and tear and damage by fire or the elements beyond LESSEE'S control excepted. ARTICLE 15. General Provisions LESSEE fully understands that the police and law enforcement security protection provided by law enforcement agencies for the above-referenced Demised Premises is limited to that provided to any other business or agency situated in Collier County, and acknowledges that any special security measures deemed necessary for additional protection of the Demised Premises shall be the sole responsibility and cost of LESSEE and shall involve no cost or expense to LESSOR. LESSEE expressly agrees for itself, its successor and assigns, to refrain from any use of the Demised Premises which would interfere with or adversely affect the operation or maintenance of LESSOR'S standard operations where other operations share common facilities or otherwise as of the date of the commencement of this Lease. (a) Rights not specifically granted the LESSEE by this Lease are hereby reserved to the LESSOR. (b) LESSEE agrees to pay all tax imposed on the leasehold interest or otherwise related to the rental of the Demised Premises to the extent applicable under la~ .' (c) LESSEE agrees to pay all intangible personal propert3 taxes and other taxes, if any, that may be imposed due to the creation, by this Lease, of a leasehold interest in the Demised Premises or LESSEE'S possession of said leasehold interest in the Demised Premises~ ARTICLE 16. Environmental Concerns LESSEE represents, warrants and agrees to indemnif), reimburse, defend and hold harmless LESSOR, from and against all costs (including attorneys fees) asserted against, imposed on or incurred by LESSOR directly or indirectly pursuant to or in connection with the application of any federal, stile, local or common la~' relating to pollution or harm to the environment to the extent caused by LESSEE. Subject to Chapter 768, Florida Statutes, LESSOR represents, warrants and agrees to indemnify, reimburse, defend and hold harmless LESSEE, from and against all costs (including attorney fees) asserted against, imposed on or incurred by LESSEE directly or indirectly pursuanl to or in connection with the application of any federal, state, local or common law relating to pollution or harm to the environment lo the extent caused by LESSOR. ARTICLE 17. Interference LESSEE covenants and agrees that LESSEE'S communication equipment, its installations, operation and main renan ce wi II: A. Not irreparably damage the LESSOR'S radio transmission tower structure and accessories thereto. B. Not interfere with the operation of LESSOR'S or LESSOR'S current tenants' or radio equipment on surrounding towers. In the event there is interference by LESSEE, LESSEE will promptly take all steps necessary to correct and eliminate same within a reasonable period of time. If LESSEE is unable to eliminate such interference caused by it within a reasonable period of time, LESSEE agrees to remove its antennas from LESSOR'S property and this Agreement shall terminate. C. Not interfere with the maintenance of LESSOR'S tower and tower lighting system. D. Comply with all applicable rules and regulations of the Federal Communications Commission and electrical codes of the City and/or State concerned. ARTICLE 18. Radon Gas 'F :~,~F..~A ].TEl j M/XR 2 6 2002 In compliance v~ith Section 404.056, Florida Statutes, all parties are hereby made av,'are of the foliowin3: 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 ~-nd radon testing may be obtained from your count.',' public health unil. ,~RTICLE 19. Extent of Liens All persons to whom these presents may come are put upon notice that no interest of the LESSOR in the Demised Premises shall not be subject to liens for improvements made by or through the LESSEE, also for improvements made by the LESSEE are specifically prohibited from attaching to or becoming a lien on the interest of the LESSOR in the Demised Premises or an), pan of either. This notice is given pursuant to provisions of and in compliance with Section 713.10, Florida Statutes. ARTICLE 20. Effective Date This Lease shall become effective upon execution by both LESSOR and LESSEE. ARTICLE 21. Governing Law This Lease shall be governed by and construed in accordance with the laws of the State of Florida ARTICLE 22. Destruction or Eminent Domain In the event any portion of the Demised Premises are damaged or destroyed or taken by eminent domam to an extent in the reasonable opinion of LESSEE that LESSEE cannot carD, out its operations as intended. LESSEE may terminate this Lease by giving LESSOR thirty (~ written notice of its intention to do so. IN WITNESS WHEREOF, the parties hereto have hereunder set forth their hands and seals ..-a.S TO THE LESSOR: wATED: ATTEST: DWIGHT E. BROCK. Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Deputy Clerk BY: JAMES N. COLETTA Chairman AS TO LESSEE: ~T~SS (sigr~ture'j - (print name) P. do r iht name) M/A-COMM PRIVATE RADIO SYSTEMS, INC. KEN STEERE, JR., S'~.q~Florida prOject Director .o. t MAR 2 002 ,. Approved as to form and legal sufficienc',: Thomas C. Palmer Assistant Counly Altomev AGENOA No. Pg.. o E ~ E V _LIEIlHX3 AGE NOA I l E ~.~ " MAR 2 6 2002 2 4 6 7 8 9 10 11 12 15 14 15 16 17 18 19 20 21 22 27 2.1 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 4O 41 42 43 44 ,15 46 47 48 49 5o 51 52 53 54 55 56 RESOLUTION RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA. APPROVLNG THE LEASE AGREEMENT BETWEEN COLLIER COLINTY AND M/A COM PRIVATE RADIO SYSTEMS. INC FOR LOCATIONS UPON COUNTY-OWNED COMMUNICATIONS TOWERS. WHEREAS, M/A Com Private Radio Systems. lnc i"M/A Com"), formerly known as Erickson lnc provider of the County's 800 MHz radio system, desires to place communications equipment upon five (5) County- owned communications towers throughout Collier Count3'. a political subdivision of the State of Florida ("Collier County"}, in order to install communications equipment for the State of Florida's statewide radio system; WHEREAS, M/A Com has entered into a contract with the State of Florida to construct a statewide radio system utilizing the same technology as Collier County's emergency radio system for the State's law enforcement agencies and whereby, during the initial design of the State's system, M/A Corn identified that several of Collier County's communications tower were ideally located for the State's system; WHEREAS. contained in the Lease Agreement betxveen MJA Corn and Collier County, Collier Count3 will benefit from this shared use since M/A Corn will compiete modifications and upgrades to Collier County's microwave system, where needed, in order for M/A Corn to praxide capacity for the State of Florida System: WHEREAS. the lease shall be for ten (10~ lears x~ith one I 1 I additional renewal term of ten (10) years: WHEREAS, the rent for the firsl ten (10/),ear term shall be a total of Seven Hundred Twenty-nine Thousand Dollars ($729,000! and will be increased by fixe percent q~() on the eleventh (11~) and fifteenth (15th years of the Lease. WHEREAS, the Board of County Commissioners is satisfied that this property is required for M/A Com' s use and is not needed for Count)' purposes: NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS. FLORIDA. tha~: 1. The Board of County Commissioners does approve the attached Lease Agreement between Collier Counly and MIA Corn Private Radio Systems. lnc. 2. The Chairman of the Board of Count3' Commissioners of Collier County, Florida, is hereby authorized to execute the attached Lease Agreement. This Resolution adopted this day of · 2002 after motion, second and majority vote. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY. FLOR[DA BY: BY: Deputy Clerk JAMES N. COLETTA. Chairman Approved as to form and, legal sufficiency: Thomas[C~ Palmer ' Assistant County Attorney No. il. r-'~[ I MAE :2 6 211112 I EXECUTIVE SUMMARY BOARD OF COUNTY COMMISSIONERS APPROVAL TO ADVERTISE AN AMENDMENT TO AN ORDINANCE OF COLLIER COUNTY, FLORIDA TO INCREASE THE MILLAGE RATE FOR THE ISLES OF CAPRI MUNICIPAL FIRE SERVICE TAXING DISTRICT; AND TO PROVIDE FOR AN EFFECTIVE DATE OBJECTIVE: Obtain Board of County Commissioners approval to advertise for a public hearing for an ordinance amending the Isles of Capri Municipal Fire Services Taxing District millage rate to up to 2 mills. CONSIDERATION: Attached is a letter from the Isles of Capri Municipal Fire Services Taxing District Advisory Board recommending the millage rate increase. Due to an increasing call volume and population, additional funds are needed by the District to provide fire and life safety response. In addition, the Florida Legislature is expected to adopt the "2 man in, 2 man out" rule promulgated by the Federal government as Rule 29 CFR 1910.134(g)(4). The Rule will require additional manning unless a waiver is obtained. If the amendment to the ordinance is approved, an increase of 0.5 mill will be requested even though the ordinance would allow an increase up to 2.0 mills from the current 1.0 mill. FISCAL IMPACT: An increase of 5130.850 would be realized in the Isles of Capri budget if the ordinance Were amended. Total budget would increase to $392.550. GRO'~q'H MANAGEMENT IMPACT: There is no grovdh management impact. RECOMMENDATION: That the Board of County Commissioners approve the request to advertise for an ordinance amending the Isles of Capri Municipal Fire Services Taxing District millage rate to up to 2 mills. ~ k Chief Emilio Rodriguez, Isles of Capri Fire D~strict APPROVED B~;; ~ ~'~,-~-o.~ Date: ?> 't'~''d & \ Kenneth F. Pineau, Interim Emergency Se"rvices Administrator AGEND&IT, EM I AR 2 S 2002 F.im .,& m scv :..msimc. T November'8,2001 Board'of:Collier County'Commissioners 3301 E. Tamiami .Trail Nap!es, -FL341'12 SUbject: .-PropOsed Millage Increase for'isles of. eapri.Mtm/Cipai Rescue and Fire ServiCes Distr/ct *Pica'Sc ic~ thi s lctt~rsc~e.-as, formal recommendation.from'thc:Iglek, of Cap_h Fire Control D/strictAdvis°ry.Board to' increase theD~ct;'~;millo.-c',-o,.. ,.. --:.~..~--: .... · - · p g.. , rt. c control scna.~,~j~/~e.:~dents:of:thc District We arc ' recommending increasing our currell~~~.'t.mil to 2 mil 21t is our current level of'service..We-are requ'~' a,~, mi} cap at [hj! ,lim. e_.m-Order to allow u.s to pei'iod w~thout the n~d to approat'ti.~e~oard:~f Commi' ' ..... . ss'loners .1. The National ii. ire ~,~.,.~mon Assoe/ation-("NFP.~A.'aifunder, k,h/c,h all *:-^ '.. depanmeats op:..ra~:~;~day~ Ihrough.~~0,,.~. 1'720 2 .... Our Fire'D~artmem has expenen¢8~l-.lf~reamr~han 40% J. nm~¢ in~al.l volames over the last four years, with every e~-.cum'onof~edmerease. Atthe .present ram it is anticilmed that the'in~ri~e' 0fnalls,i'or 2001 '~ ~'m . '2000 .will be m the 20% range ..... · 3. Our'.Fire. Department ha~ been operating under.a 1 mil.c~ sm~'1978. Ev~Yoth~r fire det~rtment has paid cie~ical.'support '.ttis'/mporamt ~ut we '...mlievg. the firefighters Rom thescclerical duff~s and'we mi ac¢ompli~h'.this with a'tCmI'time secretary for.which pa .yroll mus't't/eSfunded, ..' Board of ColLier County Commissioners November 8, 2001 Page 2 of 2 It is anticipated that over the next several years the population of our District is going to increase dmm~cally. Therefore the number of dwellings and other buildings that come under our care will increase proportionately. We believe that the events of September 11 will have a profound impact on expanding thc duties a~l calls for services of our fircfighters and we mus~ be prepar~cl to meet those call~. Isles of Capri Fire Control District Advisory Board Serilyn Neubaus, Chairperson Jim Louis Taxa LaGvand David Ilcr cc: Thomas Storrax, Emergency Services Administrator AGENDA,ITEM No. MAR 2 6 2002 $ 9 10 12 13 14 15 16 18 19 20 2i 26 27 29 30 3t 32 33 34 35 36 38 39 ,40 42 ORDINANCE NO. 2002-__ A.N ORDINANCE PROVIDING FOR THE AMENDMENT OF THE ISLES OF CAPRI MUNICIPAL FIRE SERVICES TAXING DISTRICT; AMiENDING COLLIER COUNTY CODE OF LAWS AAFD OR/DINANCES SECTION 122-609; AUTHORIZING A TAX LEV'f OF UP TO TWO MILLS; PROVIDING FOR AN INCREASE IN THE MILLAGE LEVY FROM ONE MILL NOT TO EXCEED 2 MILLS; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT A/CD SEVERABILITY; A/TD PROVIDING FOR AN EFFECTIVE DATE. ~EREAS, Section 122-609 of the Collier Counny Code cf Laws and Ordinances, presently provides for the levy of up tc one rill for the Isles of Capri Municipal Services Taxing D~s~r:c~ zn Coli~er Count}', Florida, which is !erred pursuanl ic %he ~rovzsicns of Par~ ! of Chapser 206, Fiorzda S~a~ules ?~EF.£A/ The Collier Count}, Board cf County Ccrr:ssasners has been informed by the Advisor}, Co~mit%ee for %x¢ isles cf Capri Hunlcipal Services Taxing D:stric% thal %he ia>::ng district's future needs exceed ~he projected revenue: anl %,NEREAE ~% is determined bb' the Board of Coun5y Co.?.iss:oners cf Coil:er County tha5 the increase in 5he leaL, ~c ~wc {2 mills is necessary ~o fund needed improvemen%s fur ~he Isles of Capri Municipal Services Taxing Disuric5 and is necessary to promote the public health safe%y anc welfare of 5he citizens of and visitors ~o Collier County, Florida. NOW THEREFORE, BE IT 0RDA!N_~D BY THE BOARD OF COUNTY C0-FLM.!SSiCXEF£ OF COLLIER COUNTY, FLORIDA, that SECTION Oh~: Section 122-609 of the Collier County Code of Laws and Ordinances is amended as follows: Sec. 122-6[6. Crea~ed, boundaries. (a} PursuanE =o F.S. ch. 125, the !sles of Capri Municipal Rescue and Fire Services Taxing District is hereby created for the purpose of providing rescue and AGENDA,ITEM No.. ! / .., J~ \ MAR 2 8 2Dg2 1 2 6 7 8 9 10 11 12 17 15 23 24 26 27 28 29 30 32 33 35 36 37 fire control services to the residents of the area hereinafter described: ALL that !and located ~n the county and specif~cal!y described as: Sectionsig, 20,2i,22,27,28,29,30,31,32,33 and 34 of To~ship 51 South, Range 26 East, and those portions cf Sections 4, 5 and 6 of Township 52 South, Range 26 East, which lie north of the Marco River. (Ord. No. 78-49, § l; Ord. Nc. 89-99, § !) State law reference-Authority to create municipal se~ice taxlng or benefit unlt, F.S. § 125.0!{!) {q~ . Sec. 122-607. Governing bcdT. The governing body cf the district shall be, ex- officio, the board of county co~missioners. (Ord. Nc. 7~-4~ 5 [ State !aw reference-Similar provls:ons, F,S. § 125.01~2 Sec. 122-605. Purpose. The district is formed for the purpose of providing e~aipFzng~ operating, and maintaining a rescue and fire departmenc within the discrict; to buy, lease, sell, exchange or o%herwise acqzire, hold and dispose cf eqaipmenc and other personal or real property and to provide and adequate wa~er supply for fire prevention and protection purposed; to emFlcy and discharge employees and authorize them to enter upon private and public property at reasonable times to inspect, combat and investigate possible and actual fire hazards and occurrences; to promulgate rules and regulations for the prevention and control cf fire and tc otherwise protect persons and property within the distrmct. (Ord No. 78-49, § 3; Ord. Nc. 89-99, § 2) Sec. 122-609. Advisory com/nittee. (a For the purpose of carrying into effect this article, the board of county commissioners shall appomn% a co~nittee of three to five electors residing within the discrict ~o serve staggered terms of two years each, to hold meetings at such times and places AGENDA_ITEM No. /I, F . MAR 2 6 2002 ] as it shall de-_ermine for the purpose of advising the 2 board regardlng the affairs of the distric-~. 3 .',b. The advzscry cormT_zt~ee shall annually prepare a 4 dis~rlct budget and estimate the funds, the!r purpose ~ and ~e ad valorem taxes necessary to cart? ou~ she 6 provisions cf this article for the following fiscal 7 year, as prescribed by F.S. ch. 129. $ (c) Upon adoption of the district budget by the board, 9 it shall cause the budget to be recorded in she board ]0 minutes and shall cause to be levied on ak. property ll within the dis-~r~ct a millage sufficient to fund the 12 budget, not exceeding one two mill in any one year to 13 be assessed an/ collected as county taxes. 14 (d.~ The treasurer of the board shall: I~ (i', Issue a'' warrants for services~ equipme.n~, /~ materials an/ other expenses incurred bi' 17 dis~r'_c~ an/ aFproved for payrnen~ bk, the governinc 1~ body, 19 (2',, 0r. or before the end of each fiscal year 20 prepare an annual report of the receipts and ~1 expenditures ~_~ ~he district to the governing 22 board as reqzired by F.S. § 218.23 et seq. 23 (Ord. N~. 78-49, _~ 4 24 Cross-reference-Boards, co.~mass/ons, committees and authorities, 25 1-81~ e~. seq 26 Sec. !22-6!{. Boundary changes. 2? The boundaries of this district, or the lands included 28 in said district, may be changed by an amendment to this 29 article. 30 (Ord. No. 78-49, § ~ 3] Secs. 122-611--- 122-63C. Reserved. 32 HECTION TWO: INCLUSION IN THE CODE DF ~AWS ~ D~DI~/ANCES 33 The provisions of this Ord/nanue shall become and be 34 made a part of the Code of Laws and Ordinances cf Collier 35 County, Florida. The sections of the Ordinance may be 36 renurplgered or re-lettered uo accDmplish such, and the wcrI AGENDA IT~EM No. t MAR 2 6 20 2 Pg. ~$) 1 2 3 4 5 $ 9 10 11 13 15 ~6 17 19 2O 21 2~ 24 25 26 2? 25 29 3O 31 32 33 34 35 "ordinance" ma'y be changed to "section," "article," or an'y other apprcpriase word. SECTION THREE: CONFLICT AIN-D SEVERA2~ILITY In the even% %his Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restricLive shall apply. If any phrase or por%ion of the Ordinance is ,,e~d invalid or unconstitutional by any court of cor.~esen5 jurisdiction, such portion shall be deemed a separate distinc% and independen% provision and such holding sku~ not affect the validity of the remainzn~ portion. SECTION FOUR: EFFECTIVE DATE ~e~t-ve ,upon ~ilinc wi~h This Ordinance shall become ef~ ~ ~ . ~he Departmen~ cf S~ate, PASSER ~,~ DULY ADOPTED by the Board of County Commissioners -f Cciiier County, Florida this day of ATTESY: DWIGHT E. BRCTK CLERK BOARD OF COL~TY CO.-~tM-iSSiONERS OF COLLIER COL~T':', FLORIDA By: By: Clerk James N. Coietta, Ckalrr~an Approved to fcrr and legal sufficiency~ Jaccfue!ine H. Robinson Assistant County Atnorney AGENDA II, EM No. ~,, 2 6 2002 EXECUTIVE SUMMARY APPROVE AND AUTHORIZE THE CHAIRMAN TO SIGN CERTIFICATIONS OF INABILITY TO COMPLY WITH RULE 29 CODE OF FEDERAL REGULATIONS (C.F.R.) SECTION 1910.134(G)(4) FOR THE OCHOPEE FIRE CONTROL DISTRICT AND THE ISLES OF CAPRI FIRE CONTROL DISTRICT OBJECTIVE: The Board of County Commissioners authorize the Chairman to sign Certifications of Inability to Comply with Rule 29 Code of Federal Regulations (C.F.R.) Section 1910.134(g)(4) to enable the Ochopee Fire Control District and the Isles of Capri Fire Control District to obtain a six (6) month exemption from compliance. CONSIDERATIONS: The "2 man in, 2 man out" OSHA rule promulgated by the Federal Government as 29CFR 1910.134(g)(4) is expected to be adopted by the Florida Legislature during this session. In effect, the Rule requires that a minimum of two (2) persons inside a hazardous environment must be supported by a minimum of two (2) additional, fully equipped persons outside the hazardous environment who are ready lo attempt a rescue of the two persons in the hazardous environment. Application of this rule requires a minimum of four (4) firefighters respond to all fire/rescue calls. Neither the Ochopee Fire Control District nor the Isles of Capri Fire Control District presently have sufficient manning to comply with the Rule. Each county, municipality and taxing district must implement the Rule by April 1, 2002 unless a waiver for a six (6) month period is requested. Additional waivers may be granted on an annual basis, but the fire district would be subject to an audit to insure that the waiver is valid. The Ochopee Fire Control District will be in compliance pending the approval of its FY 02-03 budget. The Isles of Capri Fire Control District is currently attempting to amend Iheir Ordinance to increase the millage rate. The increase of 0.5 mill will enable the District to compl.v. FISCAL IMPACT: There is no fiscal impact. GROWTH MANAGEMENT IMPACT: There is no growth management impact. AGENDA J_TEM No. I/_, ,~__--~"-~ t ',-,~ NAR 2 6 t::'g, .... RECOMMENDATION: That the Board of County Commissioners authorize the Chairman to sign Certifications of Inability to Comply with Rule 29 Code of Federal Regulations. Section 1910.134(g)(4) for the Ochopee Fire Control District and the Isles of Capri Fire Control District. SUBMITTED BY:~ Date: Chief Paul Wilson, Ochopee Fire Control District SUBMITTED BY: _~ ---~'~L,t'D-"'"'"~. Date: Chief Emilio Rodrio_uez. I sle'k of Clipri Fire District APPROVED ~~-~/ C~- 7% ~,~ ca., Date' Kenneth F. Pineau. lnterim Administrator, Emergenc4jServices I" AGENDA ITF..M ..... MAR J6 2002 Certification I certify that the Isles of Capri Fire Control District F~re Department or Local Government, whose address is: 2_75 Ca:,_~-_: E:vd. City Naples. Florida Zip: 34113 Phone: ( 941 ) 394-8870 ~s not able to implement 29 Code of Federal Regulations. Section 1910.134(g)(4) without adding additional personnel to its firefighting staff or expending significant additional funds On behalf of the above fire department or local government, I agree to cooperate fully w~th the Division of State Fire Marsha! in seeking to implement 29 Code of Federal Regulations. Section 1910 134(g)(4) Chief Executive Officer Signature JAMES N. COLETTA, CHAIRMAN Printed Name of Executive Officer ATTEST: DWIGHT E BROCK. CLERK fl::)e~utv Cterk ;, If your fire department is unable to comply with 29 C.F.R. 1910.134(g)(4), the "two-in two-out rule" please complete, or rf appropriate have your local government complete, 'the above certification and fax it to the Director of the Division of State Fire Marshal at Fax No (850) 922-1235. or mail it to the Director of the Division of State Fire Marshal at 200 East Gaines Street, Tallahassee. Florida 32399-03,40 To receive 3'our automatic six month exemption, it or a similar document containing the same information must be received by the Division of State Fire Marshal no later than April 1, 2002, as provided by Rule 4A-62.003, Florida Administratix'e Code. *--'tpproved as to form and legal sufficiency: .~..~ista~x Count' Artorne3' ,AGENDA I'~'E M MAR 26 2302 Certification certify that the Ochopee Fire Control District Fire Department or Local Government, whose address is: ?.o. Bcx 25 City Ochopee, Florida Zip: 34141 Phone: ( 941 ) 695-4114 is not able to implement 29 Code of Federal Regulations Section 1910.134(g)(4) without adding additional personne': to its firefighting staff or expending significant additional funds On behalf of the a~o',,'e fire department or local government, t agree to cooperate fully with the Division of State F~"e Idarshal in seeking to implement 29 Code of Federal Regulations, Secboo 19': ' 3,'-: Chief Executive Officer Signature JAMES N. COLETTA, CHAIRMAN Pnnted Name of Executive ATTEST: DWIGHT E. BROCK CLERK (Deputy Cier~, If your fire department is unaS~e to comply with 29 C.F.R 1910.134(g)(4), the "two-in two-out rule" please complete, or if approsr',ate have your local government complete, the above certification and fax it to the D~rector of the D~v~sion of State Fire Marshal at Fax No. (850) 922-1235 or mail it to the Director of the Division of State F~re Marshal at 200 East Gaines Street, Tallahassee Florida 32399-0340 To receive your automatic six monlh exemption, it or a similar document containin£ the same information must be received by the Division of State Fire Marshal no later than April 1. 2002. as provided by Rule 4A-62.003, Florida Administrative Code. ,~pproved as to form and legal sufficiN~cy5_ , r, t ~ '/^ , ,..__..____.._~_~ ~sist~ CounU A~ome> I AR, .b 2002 APPROVAL OF BUDGET AMENDMENTS BCC Agenda of March 26, 2002 General (Fund 001) Information Technology Administration Budget Amendment #02-250 Operating Expenses $6,500 Reserves (6,500) Total: -0- Explanation: Funds are needed to join Public Technology, Inc. (PTI), a national non-profit technology organization for elected officials and professional managers. Membership ~'ill benefit all agencies of Collier Count)., Government with updated technology information and benefits. AGENDA ITEM No. /(-. ~ I ! MAR 2 6 2002 EXECUTIVE SUMMARY AUTHORIZE THE COUNTY ATTORNEY TO DRAFT AN ORDINANCE WHEREBY THE BOARD OF COUNTY COMMISSIONER'S, PURSUANT TO SUBSECTION 332.08(2)(A), FLORIDA STATUTES, WILL ADOPT THE "COLLIER COUNTY AIRPORT AUTHORITY RULES AND REGULATIONS FOR GENERAL AVIATION AIRPORTS" AND WILL SPECIFY THE PENALTIES THAT CAN BE APPLIED AGAINST THE VIOLATOR; ALSO TO SPECIFY VARIOUS ENFORCEMENT ALTERNATIVES THAT MAY BE USED TO ENFORCE THOSE PENALTIES IN THE SAME MANNER IN WHICH PENALTIES PRESCRIBED BY OTHER COLLIER COUNTY RULES, REGULATIONS, AND ORDINANCES CAN BE ENFORCED; ALSO THAT THE AIRPORT AUTHORITY SHALL ADVERTISE THE PROPOSED ORDINANCE IN THE NAPLES DALLY NEWS AND BRING THAT ORDINANCE TO THE BOARD AT A PUBLIC HEARING TO CONSIDER ADOPTION OF THIS REQUESTED ORDINANCE OBJECTIVE: To have the Board of County Commissioners authorize the County Attorney to draft an Ordinance that will specify that, pursuant to Subsection 332.08(2)(a), Florida Statutes, adoption of the ordinance by the Board of County Commissioners will concurrently adopt the "County Airport Authority Rules and Regulations for the General Aviation Airports." The requested ordinance will specify the penalties that can be applied against violators of the Board adopted Rules and Regulations and will provide that any violation of those Board approved Rules and Regulations will be a violation of the ordinance, and that the ordinance will specify the enforcement alternatives that can be used to enforce compliance with those Board adopted Rules and Regulations. CONSIDERATIONS: In its efforts to prepare forthe new Federal and State airport security mandates resulting from the 9/11 tragedy, the Collier County Airport Authority needs to improve all aspects of airport security including enforcement measures and associated penalties for violations of BCC adopted Airport Rules and Regulations. The Airport Authority has determined that it needs additional authority to enforce penalties against violators of its new revised Airport Authority's Rules and Regulations. Chapter 332, Florida Statutes is entitled "Airports and other Navigation Facilities." Subsection 332.08(2)(a), Florida Statutes, reads in relevant part: [Florida Counties have the additioT~al power] "To adopt and amend all rules, regulations, and ordinances for the management, government, and use of any properties under its control; to appoint airport guards and police, with full police powers; to fix by ordinance or resolution, as may be appropriate, penalties for the violation of said rules, regulations and ordinances, and enforce said AGENDA ITEM No. //, /~' MAR 2 6 200; penalties in the same manner in which penalties prescribed by other rules, regulations, and ordinances of the [County] may be enforced." Although the Airport Authority has power and authority, by application of contractual or permit obligations of the respective airport occupant, to enforce its Rules and Regulations against sub-tenants, licensees and other individuals who, or entities that, by sub-lease, license, use permit, or other agreement, occupy space at the respective airpod, violations of the Authority's Rules and Regulations are not a violation of any Collier County ordinance. The Authority desires to improve its enforcement capabilities on occupants of the airport that do not have any contractual relationship with the airport (general public and trespassers). The Authority desires to be delegated added authority to be able to refer violations of those Rules and Regulations to Code Enforcement Boards for enforcement, or to refer violations of BCC adopted Rules to the State Attorney for enforcement of violations as if the violation is a misdemeanor. Aisc, as violations of the Authority's Rules and Regulations that have been adopted by the Board of County Commissioners will be a violation of this requested ordinance, the violator can be arrested without an arrest warrant if the ordinance violation is committed in the presence of a law enforcement officer, as specified in Subsection 901.01(1), Florida Statutes, which reads in relevant part: "A law enforcement officer may arrest a person without a warrant when: (1) The person has committed a felony or misdemeanor or violated a municipal or county ordinance in the presence of the officer." Subsequent amendments, if any, to those Rules and Regulations will not be a violation of the ordinance unless and until the respective amendments are thereafter adopted by the Board of County Commissioners. FISCAL IMPACT: It is not anticipated that adoption or enforcement of this requested ordinance will have any fiscal impact on the Airport Authority, the County, or the Board of County Commissioners. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATIONS: The Collier County Airport Authority hereby recommends that the Board of County Commissioners authorize the County Attorney to draft an ordinance that specifies that violations of any Board adopted "Collier County Airport Authority Rule and Regulation for General Aviation Airports" that have been adopted by the Board of County Commissioners shall be a violation of this requested ordinance, and that such ordinance violations will be subject to the penalties specified in the ordinance, and that such violations can be enforced by any of the enforcement means specified in the ordinance. Also, by approval of this Executive Summary, to authorize the Airport Authority to publi_sh in t.h~e Naples AGENDA. ITEM Nc. /~- ~ [ NAR 2 & 2002 Daily News "public notice" of a scheduled public hearing where this proposed ordinance will be considered for adoption into the Collier County Code of Laws and Ordinances by the Board of County Commissioners. SUBMITTED BY: DATE: Steve Price, Chairman of the Airport Authority, on behalf of the Airport Authority REVIEWED BY: / (~'-^'". ~ DATE: ,2 '" Thoma~s Palmer, A~t County Attorney ~ Drury, Executive~porDirector, ' port Authority No.., BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE FOR BOARD ACTION: 1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: Clerk of Courts: Submitted for public record, pursuant to Florida Statutes, Chapter 136.06(1), the disbursements for the Board of County Commissioners for the period: 1. Disbursements for February 23, 2002 through March 1, 2002. Minutes: H:Data/Format Isles of Capri Fire/Rescue Advisory Board - Summary Agenda for November §, 2001. Forest Lakes Roadway and Drainage M.S.T.U. - Agenda for February 22. 2002: Minutes of February 1. 2002. 1-75Golden Gate Interchange Advisory Committee - Minutes for January 30. 2002. Parks and Recreation Adviso%' Board -Agenda for February 20.2002: Minutes of January 16, 2002. Black Affairs Advisory Board - Agenda for January 22. 2001. February 26. 2001. March 19, 2001, April 16. 2001, May 21. 2001. June 1 g. 2001. July 16, 2001; Agenda for Seplember 1'7. 2001. October 15. 2001. December 1'7, 2001, Minutes of May 21, 2001. Minutes of July 16. 2001, Minutes of November 7, 2001, Minutes of December 17. 2001 Collier Count>, Planning Commission -Agenda for February 21. 2002: Minutes of January 3, 2002. Development Sen, ices Advisor3' Committee - Minutes for Januar>' 16. Development Services Advisory Ad-Hoc Committee - Agenda for January 9, 2002. Rural Lands Oversight Committee - Agenda for March 11. 2002; Minutes for February 25.2002. MAR 2 6 2002 Pg. EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE CARRYFOR\VARD FUNDING FOR THE SHERIFF'S OFFICE. OBJECTIVE: To seek Board approval for carryfom'ard funding from FY 2001 for building remodeling and moving expenses for the Sheriff's Office. CONSIDERATIONS: On June 20. 2001, the Board approved funding for moving and remodeling costs in order to prepare the newly purchased building at 2373 Horseshoe Drive for occupancy. S600.000 was transferred to the Sheriff's fund. Due to the fiscal year end of September 30. 2001. funds to move the Crime Scene Bureau were not expended. As a result 549.366.00 was required to be returned to the BCC. The current landlord has notified Real Property that Crime Scene must vacate the building by March 31,2002. These funds need to be re-appropriated to the Sheriff's operating fund (040) in order to continue the project. Funds are available in General Fund Reserves bv way of the previous turnback revenue from the FY 2001 SheriWs appropriation. FISCAL IMPAC'I': The net effect is zero. The Sheriff's Office returned $49.366.00. thereby increasing the general fund carry,forward. These funds will be transferred to the Sheriff's operating Iund and appropriated accordingly. GROWTH IMPACT: None RECOMMENDATION: That the Board of County Commissioners approve the re- appropriation of funds in the amount ofS49,366.00 for building renovations for Fl' 2002. CD, st~ Kinzel. Finance D'irector. SherifF! Office APPROVED BY: ~L)~ ~ ~ & ~' I',,' ' DATE: DOn.Hunter, .Sheriff SHERIFF DON HUNTER (941 ~ 77z..4434 wv,'¢, co;liersr'eriff.c'g October 30, 2001 Honorable James Carter, Ph.D., Chairman Board of County Commissioners Administration Building 3301 Tamiami Trail East Naples, Florida 34112 Re: Fiscal Year 2000-2001 Surplus Funds Dear Chairman Carter: Tiffs year the Sherif?s Office returned $581,292.49 in earned interest to the Board of Coumv Commissioners. This amount is $81,292.49 above our anticipated interest revenue. Enclosed please find the Sher/f? s Office check #84144 in the amount of $49,422.32. This check includes "turnback" for the fiscal year based upon our preliminaD' financial reports of $56.23. The additional $49,366.09 is being returned due to work not completed by September 30, 2001 on building renoV~ifi6h-~.---We v~'ill be as-~ih-g-'-f0r t-ilm~s amount to ~ re-approp-ff-zite-d-'inF¥02 'in order to complete previously approved renovations to the Horseshoe Drive facility. I look fo~'ard to a continued cooperative working relationship with the Board regarding critical issues affecting law enforcement and our community, and want to take tiffs oppormmty to again thank the board for working with the SherifFs Office to implement the much needed pa3' plan adjustments, and your consideration of our facilities requirements. I sincerely appreciate the cooperation of the Board and the County Manager's Office in bringing government together. ly, , Florida DH:bh cc: Board of County Commissioners Constitulional Officers James Mitchell, Clerk's Finance Director Michael Smykowski, Budget Director Crystal Kinzel, C.C.S.O. Finance Director "The Out,. of the Collier Countv Sheriff's O'ffice is lc preserve aha pro;eot the lives, property and constitutionat guarantees o~ ali persons' EXE CUTII/E SUMMARY TO PRESENT TO THE BOARD OF COUNTY CO~'klMISSIONERS THE COi~IPREHENSIVE ANNUAL FINANCIAL REPORT FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2001. OBJECTIVE: To present to the Board of County Commissioners the comprehensive annual financial report for the fiscal year ended September 30, 2001. CONSIDERATIONS: The Clerk of the Circuit Court, serving in the capacity of Ex-Officio Clerk to the Board of County Commissioners, is responsible for the coordination of the annual independent audit along with the production of the comprehensive annual financial report. In this role, the Clerk is pleased to present to the Board the comprehensive annual financial report for the fiscal year ended September 30, 2001. The comprehensive annual financial report (CAFR) represents a significant investment of effort by both the Finance and Accounting Department and County staff. We would like to express our sincere appreciation to KPMG LLP, the Board, the other Constitutional Officers, the County Manager, the Division Administrators and the Department Directors, not only for their assistance with the CAFR. but for their cooperation throughout the year in matters pertaining to the financial affairs of Collier County. This item is being placed on the Consent Agenda as a matter of expediency, in order to comply with the Government Finance Officers Association of the United States and Canada (GFOA) requirement that the CAFR be filed within six months of the end of the fiscal year, in order to comply with the GFOA Certificate of Achievement for Excellence in Financial Reporting Program. The Department of Finance and Accounting will, in conjunction with KPMG LLP, formally present the fiscal year 2001 CAFR and the GFOA Certificate of Achievement Award for the fiscal year ended September 30, 2000 on April 9, 2002. This meeting will include a presentation by KPMG LLP regarding the financial condition of Collier County and the audit proceedings for fiscal year 2001. GROWTH MANAGEMENT IMPACT: None. FISCAL IMPACT: None. RECOMMENDATION: That the Collier County Board of County Commissioners accept the comprehensive annual financial report for the period ended September 30, 2001. J~;~es L. Mitchell, CIA, CFE, CBA Director of Finance and Accounting Reviewed By: ~~-,~ ~t~ ~)~'j'~ ~I~ight E'. Brock ' iDlerk of the Circuit Court Date: EXECUTIVE SUM/WARY RECOM/~END THAT THE BOARD OF COU/qTY COMMISSIONERS SERVE AS THE LOCAL COORDINATING U/qIT OF GOVERNMENT IN THE FLORIDA DEPARTMENT OF LAW ENFORCEMENT'S ANTI-DRUG ABUSE ACT FORMULA GRANT PROGRAM. OBJECTIVE: To seek appointment of the Collier County Commission as the coordinating unit for local application for anti-drug abuse grants. CONSIDERATION: 1. The Collier County Commission has participated in the Anti Drug Abuse grant (Edward Byrne Grant) program for thirteen years. 2. The Collier County Program has proven to be a valuable project. 3. The Florida Department of Law Enforcement has allocated $205,532 for State Fiscal Year 2003 Collier County funding. 4. The Sheriff's Office will seek fourteenth year Edward Byrne Grants. Third year continued funding will be sought for the Collier County Juvenile Arrest and Monitoring (JAM) Program. First year funding will be sough% for an ~nti-Terrorism Training and Equipment grant. 5. Board approval is needed for: the Collier County Commission tc continue in the capacity cf local coordinator, the Sheriff's Office grant applications for fiscal year 2002/2003, to authorize acceptance of awards, and associated budget amendments. FISCAL IMPACT: Twenty five (25%) percent local matching funds, drawn proportionate to share of funding received, from Confiscated Trust Fund Reserves (602-919010-991000) or general operating funds as avaiiakie. GROWTH MANAGEMENT: No recurring costs for subsequent years. RECOMMENDATION: That the Collier County Commission agrees to be the local coordinating unit cf government and authorizes the Board Chairman to execute the Certification of Participation for fourteenth year funding, approve the Sheriff's Office grant applications for fiscal year 2002/2003, authorize acceptance of awards, and approve associated budget amendments. Certification of Confiscated Trust Fund Request This request is a legitimate expenditure of Confiscated Trust Funds under Section 932.?055 (4) (a) Florida Statutes to provide matching funds to obtain federal grants. Crystal K. Ein~e$, " Director ~On ~ter, ~h~rlff DATE: March 18-~ 9a/jh/a xscp2 iTEM NO: ROUTED TO: DATE RECEIPTED: Date: To: D0 NOT WRITE ABOVE THIS SPACE REQUEST FOR LEGAL SERVICES (Please type or print) March 18, 2002 Office of the County Attorney, Attention: From: CrysSa! K. Klnzel (Name, Sheriff's Off~ce Re: (Divisasn Abuse ..... ~ ~_ =r._ Procram -~ACKGROUND OF REQUEST/PROBLEM: Finance Director (Title) Finance Division (Describe problem and g:ve zac..:grcund information - be soecific, concise, and articulate), Fiscal year 2002/20C2 An%i-Drug Abuse Grants Program (Edward Byrne Grant} grant funding has been allocated to Collier County by the Florida DeDartmenn of Law Enforcemenn. Board approval is toques%ed by the Sheriff's Office to: Seek appointmen5 cf nhe Collier County Commission as the coordinating unit of government for Eyrne Grants and execute the Certificasion of Participation. Approve Sheriff's Office fiscal year 2002/2003 Byrne Grant applications when completed. Approve acceptance cf awards and associated budget documents. (A~e Zhere documents or otne_-- :nficrmatzcn needed to review rzkis matter? If yes, attach amd referemce tkms information) . T~FTS ITEM HAS/HAS NOT BEEN PREVIOUSLT S~I~M/~'T~D. (If previously submitted, provide County AttDrzley's Office fil~ ~:=mber. ) ,ACTION REQUESTED: (Be very specific. Identi.~y exac%ly what you need in the way of legal services. Legal approval of Cert-'flca~ion of Participation. OTHER COMMENTS: ,, .-) CERTIFICATE OF PARTICIPATION Federal Fiscal Year 2002 Date: March 26, 2002 Mr. Clayton H. Wilder Community Program Administrator Office of Criminal Justice Grants Florida Department of Law Enforcement 2331 Phillips Road Tallahassee, Florida 32308 Dear Mr. Wilder: This is to inform you that the Board of County Commissioners Accepts × Declines the invitation to serve as the coordinating unit of government in the Florida Depar[ment of Law Enforcement's Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program. For purposes of coordinating the preparation of our application(s) for grant funds with the Office of Criminal Justice Grants, we have designated the following person: Name: .~v~ ,~,~n Title: Grant C.c~rdi hater E-mail address: Agency: Address: Telephone: grants¢ccllimrsh~rSff-n~g Collier County Sheriff's Off~ce 3301Tamiami Trail w~mtr Naples, Florida 34112 941-793-9346 County: OnllS~r Date Sincerely, Chair, Board of County Commissioners Jim Coletta Enclosure 2 Byme Gran¢Pmgwarn Announbement ; EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY CO~MISSIONERS APPROVE THE SETTLEMENT IN BETrENCOURT v. COLLIER COUNTY, CASE NO. 00-0283-CA, NOW PENDING IN THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA, PURSUANT TO WHICH THE COUNTY WOULD PAY $150,000 AND ALL CLAIMS AGAINST THE COUNTY WOULD BE DISMISSED WITH PRLIUDICE. SAID $150,000 SEITLEMEN~r WAS ARRIVED AT DURING A MEDIATION OF THE MATTER. OBJECTIVE: That the Board of County Commissioners approve the settlement in Bettencourt v. Collier County, Case No. 00-0283-CA, now pending in the Twentieth Judicial Circuit in and for Collier County, Florida, Pursuant to which the County would pay $150,000 and all claims against the County would be dismissed with prejudice. Said $150,000 settlement was amved at during a mediation of the matter. CONSIDERATIONS: O~3 Jm~uaD' 18, 1998, plaintiff, Manuel Bettencourt, was walking on Beachwood Lake Drive in Collier County. While walking on said sidewalk, Plaintiff tripped over a one and one half to m'o inch elevation in the sidewalk. Unable to catch his fall, his full body hit the cement, with his left eve sustaining the brunt of the impact. It should be noted that, on the date of the fall, Mr. Bettencourt had had pre-existing right eye condition because of a 1981 eye laceration with visual acuity of 20/80 when wearing a contact lens and glasses. Therefore, he was almost legally blind in the fight eye at the time of the fall. It was also his 66th birthday. After the fall, a friend oft~s drove him to the emergency room where he saw an ophthalmologist who advised him that his left eve most likely had a raptured sockc~. The next day Ptaintiffwent to a speCialist who advised him that he would be very lucky if they could save the left eye. On January 20, 1998, Plaintiffremmed to Canada where he has undergone three (3) surgeries for his left eye and it is anticipated that he will need a fourth surgery in order 'to save the eve. He now must rely on his right eye for his source of vision. He no longer can drive a car and his wife has to help him with the daily chores of living. He can no longer do any woodworking since he cannot see and, in fact, his wife has to help him in and out of the shower because once he removes h/s contact lens and glasses he is virtually totally blind. As to the sidewalk area in question, the elevation was one and one half to two inches which is, under the new standard, well in excess of an acceptable elevation. Plaintiff, Sofia Bettencourt, has a claim for loss of services. She now has to take care of her husband and perform many of the functions that he used to be able to do prior to the fall. This complicates her life even more since she is also now in bad health and she has even more trouble doing the things for her husband that he used to be able to do for himself. Based upon the fart Il'mt there was an unusually high elevation in the sidewalk coupled with a substantial and clevastahng in.iuD; which resulted, $150,000 settlement for both the claims of Plaintiff, Manuel Bettencourt and Plaintiff, Sofia Bettencourt was reasonable under all of the circumstances presented at the mediation. Of course, said settlement is subject to Board approw AGENDA ITEM NO. I~,1 [ MAR 2 2002 Executive SummaD, Manuel & Sofia Bettencourt Case No. 00-0283-CA GROWTH MANAGEMENT IMPACT: None. FISCAL IMPACT: The settlement offer recommended by staff amounts to $150,000. Funds are budgeted and available in the Risk Management Property and Casualty Fund. The settlement will result in a substantial savings of future litigation costs, as well as the probability of a much higher jul3' award. RECOMMENDATION: That the Board of County Commissioners approve a settlement with the principal terms set forth in this Executive Summary and authorize the Chairman of the Board of County Commissioners to execute all necessary settlement documents. Prepared by: Willi~ E. Mo~tford Assist~t CounW A~omey Review~ ~d Approved by: ~avid C. We~g~ Co~ A~omey Reviewed ~d Approved by: ~iahlla ~sk ~g~ Date:, Date: H:Bill/Exectmve Sm~ui.ary-13elencourt C~e AGENDA ITEM NO. Ii;L- MAR 2 6 2002 Pg. ~ EXECUTIVE SUMMARY APPROVE THE AGREED ORDER AWARDING EXPERT FEES AS TO PARCELS 246 AND 246T IN THE LAWSUIT ENTITLED COLLIER COUNT}' V. JOSE AL VAR~lDO, ET AL., (GOLDEN GATE BOULEVARD, PROJECT NO. 63041) OBJECTIVE: That the Board of County Commissioners approve the Agreed Order Awarding Expert Fees as all costs recoverable by the property owners for the acquisition of Parcels 246 and 246T for the Golden Gate Boulevard project in the lawsuit entitled Collier CounO' v. Jose Alvarado, et al., Case No. 00-1969-CA. CONSIDERATIONS: On January 14, 2002, the parties agreed to the sum of $3,150.00 as full compensation for the property rights taken as to Parcels 246 and 246T. The agreement was approved by the Board of County Commissioners on January 8, 2002. The property owners incurred costs in the form of expert fees for an appraiser, Carroll & Carroll, and for an engineer. Wilkison & Associates. All reasonable costs incurred by the property owner in defense of the proceedings are recoverable pursuant to {}73.091, Florida Statutes, from the condemning authority, and the parnes have a~eed to a reasonable fee for these experts as set forth in the attached Agreed Order (Exhibit "1"). The Agreed Order provides for $4,512.44 to be paid to Earle & Patchen who will disburse payment in the amount of $3,500.00 to Carroll & Carroll as appraisal fees and costs and $1,012.44 to Wilkison & Associates as engineering fees and costs. Staff has reviewed the appraisal and engineering fees as set forth in the Agreed Order and considers them to be reasonable in light of the statutory requirements as to costs and fees imposed upon the condemning authority. (-~'wFISCAL .IMPACT_: Funds in the amount of $4,512.44 are available in the Transportation Supported Gas Tax Fund. Source of Funds are Gas Taxes. GROWTH MANAGEMENT IMPACT: Consistent with the Collier County Growth Management Plan for CIE Project No. 53. RECOMMENDATION: That the Board of County Commissioners: Approve the terms of the Agreed Order Awarding Expert Fees; Approve the expenditure of the funds as slated. AGENDA ITEM ~ NO. _ _lb~ I... ~.-' MAR 2 2002 SUBMITTED BY: Heidi F. Ashton Assistant County Attorney DaTe: REVIEWED BY: A. N. Korti, Project Manager Transportation/ECM Date: REVIEWED BY: _L,. ~ ,-,--"-- Date: Dale A. Bathon, P.E. Principal Project Manager Transportation/ECM REVIEWED BY: REVIEWED BY: Transportation Director, T.E. & C.M. Norm Feder. Administrator Transportation Division Date: Date' APPROVED BY: David C. Weigel County Attorney Date: 2 AGENDA ITE M.2 NO. ~ MAR 2 6 2002 Pg. ~ Per,loner, ~O~E ALVAI~ADO, et ah, ~ No.: 00-1969-CA Nos.: 24~ ~nd Z46T THIS CAUSF.,, having come bcf~ ibc Court ~pan jo+nt m~ ~ '. ,~.-: ..:.., .:. ~ ~..).~: , · .....:<.~ ..... ?, ;,~.~ :.... recover f~m Petitioner, CO~ x ~ C~, the a~-e~e:.~m'~f. FOlYR THO~ lrrv'E AGENDA~ ITEM NO. HAR 2 6 2002 p~;. _Co-e~i-~_'on~s of Collier Counly, pay thc ~ca of FOUR T~OUSA1ND FIVE HUNDII~IJ 'I'WF-T.~ AND 44tt00 DOIi,ARS to F__a~.LE. & eA'rt'x-m~, pus_ TRL~T ACCOUNt, Brian P. patch~ Esq., Earle &?atchcn. P.A., 1000 ~d¢l~ll Av~xu~, Suit~ 1112, 1¢i~, ~313l,ibr proper ~utscm~t of ~,srt fe~s. IT I~ FUR .TW~ ORDHKED ~ ~ thst e~i. Ageecl Oxder is mtbjeet to 2002 · JOII~IT MOTIO~ ,_ The parti¢~, i~y and tkmugh their Urklem'Sn~f"attoi-ne~:tnovc for cnt~ of thc fv~o~ Wahl F, A,.SttTON~ ESQ, .' ~ .... .FloridaBatlqo. 0966-17o Of Sc~ of thc Count~ A'tl~m 3~01 F~ Tamiami ~ · ' (,741) 7'/4..8400 .; T~pb. one ATTOR.I'~Y FOP. pE'iZTIt~I'TE~ 200: EXECUTIVE SUMMARY APPROVE THE AGREED ORDER AWARDING EXPERT FEES AS TO PARCELS 244 AND 244T IN THE LAWSUIT ENTITLED COLLIER COUNTY I~: JOSE ALVAR~DO, ET AL., (GOLDEN GATE BOULEVARD, PROJECT NO. 63041) OBJECTIVE: That the Board of County Commissioners approve the Agreed Order Awarding Expert Fees as all costs recoverable by the property owners for the acquisition of Parcels 244 and 244T for the Golden Gate Boulevard project in the lawsuit entitled Collier County v. Jose Ah,arado, et al., Case No. 00-1969-CA. CONSIDERATIONS: On January 14, 2002, the parties agreed to the sum of $2,700.00 as full compensation for the property rights taken as to Parcels 244 and 244T. The agreement was approved by the Board of County Commissioners on JanuaD, 8, 2002. The property owners incurred costs in the form of expert fees for an appraiser, Carroll & Carroll, and for an engineer. Wilkison & Associates. All reasonable costs incurred by the property owner in defense of the proceedings are recoverable pursuant to {}73.091, Florida Statutes, from the condemnin~ authority, and the partitas have a~eed to a reasonable fee for these experts as set forth in the attached Agreed Order ~ Exhibit ."1'). The Agreed Order provides for $3,045.33 to be paid to Earle & Patchen who will disburse payment in the amoum of 51,922.50 to Carroll & Carroll as appraisal fees and costs and $1,122.83 to Wilkison & Associates as engineering fees and costs. Staff has reviewed the appraisal and engineering fees as set forth in the Agreed Order and considers them to be reasonable in light of the statutoD, requirements as to costs and fees imposed upon the condemning authority. %¥FISCAL IMPACT: Funds in the amoun! of $3,045.33 are available in the Transportation Supported Gas Tax Fund. Source of Funds are Gas Taxes. GROV~WH MANAGEMENT IMPACT: Consistent wilh the Management Plan for CIE Project No. 53. RECOMMENDATION: That the Board of County Commissioners: 1. Approve the terms oflhe Agreed Order Awarding Expert Fees; 2. Approve the expenditure of the funds as stated. Collier County Groxx~th AGENDA ITEM NAR 2 6 2002 SUBMITTED BY: Heid'i~'.',~sht°n ' ' Assistant County Attorney Date: REVIEWED BY: A. N. Korti, Project Manager Transportation/ECM Date: REVIEWED BY: ~ ' ) - ' Date: ~ , ~ , ~ ,~ , . . D2-1e' A. Bathon, P.E. Principal Project Manager Transportation/ECM REVIEWED BY' REVIEWED BY: Transportation Director, T.E. & C.M. Norm Feder. Administrator Transporlation Division Date: Date' APPROVED BY: ~David C. Weigel -,:...3 County Attorney Date: 2 AGENDA ITEM . MAR 2 6 2002 P~ ,.. AGENDA ITEM ~AR 2 G 20g~ p~. ~ ..:.. '.. '..7,' .,' i: :~... '~ ..'~'. ~:-. "", "" ' EXHIBIT '' ? /% .. '.t.' ;:'. ..,..: ...:,:~. I ~.~ione~s of Collier Co_,,'~, p~Y ~ sum of Tltl~E THOU~ID li~R~.~ ~3~1~ I)OLLAI~ (~,045...~) ~o ~ & PA,TCH~, P.A. TRUST ACCOUNT, P'aW, h~, F.~., roar~ & Pa~n, P.A., t000 Bzickell Aveo~ ~ l 112, ~ DOI~ AND OI~D~ m dmmlm~ ~t N~le~ C0Ui~ Com~, la.~da tht~ dsy of 'cmct~ COU~T rdvO~ .Flm, klaBarl~lo;. 157~45 O~ce of~he ~ A~tm'mey , 005)- ~72-1112 - Tde~hon¢ H~.~m Turner Blglding 3301 ~ast Tmn/~ Trail .Naples, Florlda341t-2-' ' (~41) ~-02.z~ - ~a~,~ .A_T3C~ l~OR I~E'I'~TXO~ 2 NO. /~z. ~ ~AR 2 6 2002 EXECUTIVE SUMMARY APPROVE THE STIPULATED FINAL JUDGMENT RELATIVE TO THE EASEMENT ACQUISITION OF PARCEL 357 IN THE LAWSUIT ENTITLED COLLIER COUNTY Ir. SHANE ROBERTSON, ET AL., (GOLDEN GATE BOULEVARD, PROJECT NO. 63041) OBJECTIVE: That the Board of County Commissioners approve the Stipulated Final Judgment as full and final compensation to be paid for the acquisition of the easement designated as Parcel 357 for the Golden Gate Boulevard project in the lawsuit entitled Collier CounO' v. Shane Robertson, et al., Case No. 00-1971-CA. CONSIDERATIONS: On September 12, 2000, an Order of Taking was entered in Collier County Circuit Court regarding the acquisition of easements for the Golden Gate Boulevard project (Project No. 63041). On September 29, 2000, Collier County deposited with the Registry of the Court the sum of $600.00 for Parcel 357 in accordance with the Order of Taking. Through negotiations, the parties have reached a settlement agreement whereby the property owners, Rebecca B. Pintado, as Successor in Interest to Olivera Benitez, Jr. and Sonia Benitez, will be fully and fairly compensated for the property interests taken for the public purposes enumerated in the resolution of condemnation (Resolution No. 99-292). The terms of the settlement agreement are set out in the Stipulated Final Judgment (attached as Exhibit "1"). The Stipulated Final Judgment provides for $800.00 to be paid to the Respondents as full compensation for the property rights taken as to Parcel 357. The Stipulated Final Judgment provides that Collier County shall deposit the additional amount of $200.00 with the Registry of the Court. Staffhas reviewed the County's obligations stated in the Stipulated Final Judgment and consider them to be reasonable. ,-~r~FISCAL IMPACT: Funds in the amount of $200.00 are available in the Transportation Supported Gas Tax Fund. GROWTH MANAGEMENT IMPACT: Consistent with the Collier County Growth Management Plan for CIE Project No. 53. RECOMMENDATION: That the Board of Connty Commissioners: 1. approve the Stipulated Final Judgment; 2. approve the expenditure of the funds as stated; and dh'ecl staff to deposit the sum of $200.00 into the Registry of the Court. AGENDA ITEM IvlAR 2 6 2002 SUBMITTED BY: Heidi F. Ashto~n Assistant County Attorney Date: REVIEWED BY: A. N. Korti, Project Manager TransportationfECM Date: REVIEWED BY: Dale A. Bathon, P.E. Principal Project Manager. Transportation/ECM Date: REVIEWED BY: Steve Miller. P.E., Director Transportation/ECM Date: REVIEWED BY: Norm/Feder. Administrator TranSportation Division Date: APPROVED BY' David C. Weigel County Attorney Date: h:LitkEmDom~BarryXExSum-SFJ 357 MAR 2 6 2002 IN THE CIRCLqT COURT OF THE TWENTIETH JUDICIAL CIRCUT1- Ex,' ANT) FOR COLLIER COUNTY, FLORIDA COLLIER COUNTY, FLORIDA, a pohtical subdivision of the State of Florida, VS. Petitioner, SHANE ROBERTSON, et al., Respondents. CASE NO. 00-1971-CA CIVIL ACTION PARCELS: 357 STIPULATED FI2NAL J'UDGMENT TI-IlS CAUSE having come before the Court upon Joint Motion made by Petitioner, bv and through its undersigned counsel, and Respondents, OLIVERO BENTI'EZ and SON2A BENTTEZ. for entry ora Stipulated Final Jud,m-nent as to Parcel No. 357, and it appearing to the Court that the parties are author/zed to make such Motion, the Court finding that the compensation to be paid Pet/tioner is the full compensation due the Respondents, OLIVERO BEN1TEZ and SON'IA BENIT~7. and the Court being otherarise fully advised in the prermses thereof, iT is thereupon ORDERED .a~N'D ADJUDGED that Respondents, OLIVERO BENITEZ and SON-L{ BENITEZ, have and recover from Petitioner, COLLIER COUNTY, FLORIDA, the sum of Eight Hundred and No/100 Dollars ($800.00) for Pan:el No. 357 as full p .ayrnent for the property interests taken and for damages resulting to the remainder, if less than the entire property was taken. business damages, and for all other damages in ~r)n with smd parcel; it is further ORDERED that no anomeys fees or other costs shall be awarded m connection w/th the above cause of action as it relates 1o Parcel No. 357; and it is fun. her t~AR 2 6 2007 ORDERED that Petitioner shall deposit mu additional Two Hundred and No/100 Dollars ($200.00) subject to approval of the Board of County Commissioners within thirty. (30) days of the date of this Stipulated Final Judgment; it is further ORDERED that the Court reserves jurisdiction to apportion mud disburse the award of Eight Hundred and ~'o/100 Dollars ($800.00) referred to above; and it is further ORDERED that title to Parcel No. 357 drainage, utility and maintenance easement, being fully described in Exhibit "A" attached hereto and incorporated herein, which vested in Petitioner pursuant to the Order of Taking dated September 12, 2000, and the deposit of money heretofore made, is approved, ratified, and confirmed; it is further ORDERED that thc Notice of Lis Pendens filed in the above-styled cause and recorded in Official Record Book 2654. at Page 1066 of the Public Records of Collier Count),, Florida be dismissed as to Parcel No. 357; it is therefore DONE ANT) ORDERED in Chambers at Naples, Collier CounW, Florida, this day of .2002. conformed copies to: Heidi F. Ashton, Assistant County Attorney Rebecca B. Pmtado and Sonia Bemtez Avatar Properties, Inc. Gwendolyn Tyler F& F Creations, Inc. (address unknown) Ivens Corporation (address unknown) Mark T. Aliff, Esq. E. Glenn Tucker, Esq. Ted Brousseau Circuit Court Judge NO. 4AR 2 6 2002 JOINT MOTION FOR STIPULATED FINAL J-U'DGMENT The Parties hereby stipulate and respectfully request this Court to enter the foregoing Stipulated Final Judgment as to Parcel 357. Dated: REBECCA B. PINTA.DO, as Successor in Interest to OLIVERO BENITEZ P.O. Box 9073 Naples, FL 34101 Respondent SONIA BENITEZ P.O. Box 9073 Naples, FL 34101 Respondent Dated: HEIDI F. ASHTON, ESQL~-' Florida Bar No. 0966770 Assistant County Attorney 3301 East Tamiami Trail, 8~h Floor Naples, Florida 34112 (941) 774-8400 - Phone (941) 774-0225 - Facsimile Attorney for Petitioner AGENDA ITEl,..', MAP, 2 6 200 PROJECT NO. 63041 PROJECT PARCEL NO. 357 (NOT A SURVEY) ~tfl/ilf "A" The North 15 feet of the South 65 feet of the East 180 feet of Tract 110, LESS the I-:asr 30 feet thereof, Golden Gate Estatks Unit No. 11, as recorded h, Plat Book 4, Page 103 of the Public Records of Collier County, Ft,}rida. ,.Z'~'WE ST PR£ 'ERTY LINE NOR1t! PR_.Oi EII~ LII~E 150 FI lB FOOT DRAINAGE, AND MAINIENANCE EA,~EMENT .... AGENDA ITEI''*' '\'j SOUm NO.-L~:~---~ HAR 2 G 2002 SCALa EAST PrlOPERTY L/tiE ' [EXISTING 50 FT. R/W EASE~,,tENT) . O~rgc fY'Richmond P.L.S. ~2406 Public Works Engin~nng Dcpl. 3301 Tnminmi Trail Naples, FL 341 EXECUTIVE SUMMARY APPROVE THE STIPULATED FINAL JUDGMENT RELATIVE TO THE EASEMENT ACQUISITION OF PARCELS 172 AND 772 IN THE LAWSUIT STYLED COLLIER COUNTY V. DOMINIQUE C. RIHS, AS TRUSTEE OF THE LAND TRUST NUMBER 5146-1, ETAL., CASE NO. 01- 0819-CA. PROJECT NO. 60071. OBJECTIVE: That the Board of County Commissioners approve the Stipulated Final Judgment as full and final compensation to be paid for the acquisition of the easement designated as Parcels 172 and 772 in Collier County v. Dominique C. Rihs, as Trustee of the Land Trust Number 5146-1, et al., Case No. 01-0819-CA. CONSIDERATIONS: On May 31, 2001, an Order of Taking was entered by the Circuit Court as to Parcels 170 and 770 regarding the acquisition of easements for the Livingston Road project (Project No. 60071). On June 12, 2001, the good faith estimate of value for these parcels in the amount of $13,800.00 was deposited into the Court Registry, thereby vesting title in the parcels in Collier County. Through negotiations, the panics have reached a settlement a~eement whereby the property owner, ELFRIEDA H. SUTHERLAND, as Trustee of the Residuary Trust established under Article V of the George R. Sutherland, Sr. Revocable Trust u/d/t dated 5/8/85, will be fully and fairly compensated for the proper~y interests taken for the public purposes enumerated in thc resolution of condemnation (Resolution No. 2001-46). The terms of the settlement a~eement are set out in the Stipulated Final Judgment (attached as Exhibit "1"). The Stipulated Final Judgment provides for $19,011.30 to be paid to the Respondent as full compensation for the property rights taken as to Parcels 172 and 772, and $3,270.73 to be paid to Kenneth A. Jones, Esq. as attorney fees. Pursuant to § 73.092(1), Florida Statutes, attorney's fees are based on the benefit derived and calculated at 33% of ~he difference between the last offer of $9,100.00 and the full compensation of $19,011.30. In addition, the Stipulated Final Judgment provides for reimbursement to the property owners for costs incurred in the form of expert fees for an appraiser and for an engineer. All reasonable costs incurred by the property owner in defense of lhe proceedings are recoverable pursuant to {}73.091, Florida Statutes, from the condemning authority, and the parties .have agreed to a reasonable fee for these experts in the aggegate amount of $693.12 to be paid to Roetzel & Andress Trust Account who will disburse payment in the amount of $462.50 as appraisal fees and costs and $230.62 as engineering fees and costs. The Stipulated Final Judgment provides that Collier County shall deposit the additional amount of $9,175.15 with the Registry of the Court. AGENDA ITEM NO. _[ ~ I..- MAR 2 6 2002 Staffhas reviewed the County's obligations and the appraisal and engineering fees as set forth in the Stipulated Final Jud~mnenl and considers them to be reasonable in light of the statutory requirements as to costs and fees imposed upon the condemning authority. ,"'(~"'FISCAL IMPACT: Funds in the amount of $9,175.15 are available in the Transportation Impact Fee District I Fund. Source of Funds are Impact Fees. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners: approve the Stipulated Final Judgment; approve the expenditure of the funds as stated; and direct staffto deposit the sum of$9,175.15 into the Registry of the Court. SUBMITTED REVIEWED BY: / ? ..... c'~ / ,:t~- '~--~' Dace: 3 ] ~''"' O' ~- Neidi F. Ashton slant County Attorney ~_ A (';7~:,-4-'v--- Date: Dale A. Bathon, P.E., Principal Project Manager Tran sportation/ECM REVIEWED BY: APPROVED BY: Norm Feder, Administrator Transportation Division avid C. Weigel Count)' Attorney Date: AGENDA ITEIvl NO. ~ MAR 2 6 20O2 P~;. : 3/7/02 Time: 11:36 AN To: ~ 774-0225 Myers Fax Page: 007-011 04t 7?4 OZZ5 T-O?? P.OO7/OIO F-OCT IN ~ CIR~ COURT OF ~ ~TH JUDICIAL I~ AND I~'OR CO~ .~. _r~_-R COUNTY, FLORIDA ~ AL"rION political sulxlivision of thc State of DOA/INIQUB C. prl~S, as Tilde= of the r~.d Trust N~ 5146-1, et ~1., C~ No.: 01-0819-CA Parcel Nos.: 172 snd 772 TI~ CAUSE hav/ng come before the Court upon $oint Motion mnde byPetltioncr, by and through its und~l~ned ¢otmsel, and ~d~n, r~FPTh-'nA H. S~, as !Trustee oftbe Residua~ Tntst established undcr Article V ofihe C.~or~ R. $utherls~d, Sr. 'Rcvoc~le Trust u/d/t dated 5/8/1/5, by mhd throush h~r und~Ened counsel, l~enneth A. Jonas, ~q~, for ~try of a Stipulated l~inaI l~ a.v to P~rcel Nos. 172 ~,~ 772, s,~,~ it ~g ~ to be pa/d by P~/fionar i$ *h~ full ~m~en~ du~ ~h¢ It. SI3'/~:rm~r.Al~. sa Trm~ ot'th: R~tuary Trus~ z~blished und~r~e V oIZI~ C.~,.or~ R. S~ Sr. l~,voc~e Trust u/d~ ~ 5/8f8~, and the Com~ be/n~ olhe~ivise fully ~ olive lt~siduar~ Trast ,-.~i,h~,t undor Article V o£~1~ Gcor~ IL ~ _w~,~l. Sr. re' 3/7/02 Time: 11:36 AM To: ~ 774-0225 t Myers Fa>: PaE~: 008-011 03-O~-t~ 0~:3~ Frm-C~lli~r County Attorney Offic~ 774 0~5 T-077 P.O0~/OIO F-O01 Rcvocablc Trus~ u/d/t dated 5/8185, havc and recto, er from Petit/one% COLLIF~ COUNTY, FLORIDA~ te mm of Nineteen Thousand Eleven and 30/100 DolLLrs ($19,011,30) for Pm-cci Nos. I72 amd 772 as full l~y-~,,-t for the prope~ inm'ests taken and far dama~cs resultin~ to remaind~, if less thsa the entire property was takea, busme~ dama~ snd for all other damage~ ~- ~onuect/on w/th oa/d pm'cel; it is fttrrk~ ORDEI~qr) that Rcspond~t, ELFRrI~A II. SUT~rm~LA~D, u T~ oflhe Trust embi~shcd undex Art/cie V of the Oeorge R. Suthertand, Sr. Revocable Trust [ u/d/; dalmi 5/8/85, rece/ve from Petitkmer ss a reasonable attorney fee the sum of'Three Tbous,md Two Hundred Sewnty amd 73/100 Dollar~ ($3,270.73), f=r attomsys fees 'to Sect/an 73.092(1), Florida Statutes; it hs further ORD]/RED flint R~'pondent, ELFRTk-~A H. S~, as Trustee of the Residuary Trt~ eb'mbli-,hed u~dcr Article V of thc Gcorg~ R. Sufl~r~ Sr. Revocable Trust 'u/d/t ~ ~/8/85, fete/ye ~vm Petitioner a~ a rcascmable appra/sal fee %h~ ~ of Four SA, Ay-Two ~ 50/~00 Dollars (S462.~0), for appraisal ~ pursuit to Section !73.091, Florida Stoics; it is fus~er i ORD~ that l~spond~% m _~[EDA H. ~, ~ ~ of~c ~ T~ ~~ ~ ~cle V of ~ ~ ~ S~~ Sr. ~~le ~t ~ ~ ~/~85, ~vc ~m P~ ~ a ~lc p~ f~ ~c ~ of~ H~mdr~l Tklr~ mad 6Z,'100 Dollar~ CJ~31L62), for pl.--in_, fees ][~wa~nt to Section 73.091, that Pmfi~oner shall deposit am additional Nine Thousand One Hundred smd 15/100 Dollars ($9,175,15) s;l~ect to apl~'oval of'he Board of Coun~ 2 AGENpA tTEt,-; ~ NO, _J~ ..L: ....... ~AR 2 6 200_7' .re: 3/7/02 Time: 11:36 AM To: ~ 774-0225 Myers Fax Page: 009-011 0~-06-0~ 0~:35 Fro~-Coltl~r County Attgrnmy ORDF~I=.o tlmt th= Court rcsa'v~sj~tio,, to ~ ~pl~ a~s ~y, ~t m S~on 73.092(2), ~o~ S~t~, M ~ P~=I Nos. 172 ~d 772; N~ ~oumd E~v~ ~d 3~ DoB~ ~19,OllJ0) ~ ~ ~ve; it O~~ ~ ~ ~ of ~ C~ ~ ~c ~c ~ ~t ~20 ~ S~ S~ 1~, F~M~ ~ 33~1 ~ ~m~s ~ ~ is ~ 0~~ '~ ~ CI=k of ~s Co~ s~ ~b~ ~e ~ ~ of 0~~ ~nt tiff= m P~I No. P~eI 172, m~ ~f-w=y, &~ ~ ~ ~=t ~d P=ccl Na. 772, ~~ ~v~ ~o~n ~~ ~,~ ~o ~ ~= ofT~ ~ May 31.2~1, ~ ~= ~t ~mm~ ~~ O~~~ ~ ~ 2917 of~= ~ ~ off ~l~ ~, ~ ~~ P~~. 172 ~ 772; ~ it h ~ AGENDA tTEt~, MAR 2 6 200 re: 3/7/02 Time: 11:3~ AM To: I~ 774-0225 t Myers Fax Page: 010-011 05-06-0Z 0~:3t Fro~Collier Co~n~¥ Attornty Oflic~ T-O?7 P.OlO/O]O F-O0~ day of ., 2002. Conro, mcd copies to: · Heidi F. ~ As~isnt County Attorney 'Kenneth A..lmm, Esq. : Richsrd D. Yowriovicb, Bml. !~. Olean'lac, kef, E.~l. .~,N'N~V,~ ~oz~ms, ~lmid~ ]b~r No. 0100 !~om"4~ & .ND~-_~S Pt. M~-r~, FL 33901 ATTORNEY FOR 1~ I~_?PONDENT m~.mI F, AltEI'ON, ESQ. Florida Bar No. 966770 COUNTY ATTORNEY'S OFFICE Harmo~ Tmm~' B~ldi~g 3301 ]Pa~ T~rdsmi T~I N~ples, Florida 34112 941/774-8400 - Tclcpt~n~ 941/7744]225 - ~acaimfle ATTO~ FOR PHTrffONE~ AGENDA ITEM MAR 2 6 2002 EXHIBIT PROJECT: NO. 60071 PROJECT PARCEL NO; ~ TA, X PARCEL NO. d~'~O~ SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST COLLIER COUNTY, FI_ORIDA DESCRtPTION OF ROAD RIGHT-OF-WAY, DRAINAG£. UTILITY AND MAIN TENANCE EA SEMEN T A ROAD RIGHT--OF-WAY, DRAINAGH UTILITY AND MAINTENANEE EASEMENT OVER, UNDER AND ACROSS THE WEST 30.00 FEET Of' THE WEST 264 FEET OF THE SOUTH OHE-HALF DF* THE SOUTH ONE-HALF OF THE SOUTHWEST ONE-QUARTER OF' THE NORTHWEST ONE-OUARTER OF SECTION 11, TOWNSHfP 49 SOUTH, RANGE 26 EAST, COLUER COUNTY, FLORIDA; CONTAINING 9,900 SOUARE FEET OF lAND MORE OR LESS; SUBJECT TO EASEMENTS AND RES?*RICT1ONS OF RECORD. SKETCH OF ROAD RIGHT-OF-WAY. DRAINAGE. UTILITY ANP MAINTENANCE EASEMENT (NOT A SURVEY) SEC~ON 13, TOWNSHIP 49 SOUTH, ]--T-'.*-'.*-'.*-)~2~~ RANGE 25 EAST SCALE: ~'-- Bo' 272+00 HIWASSE, INC. (o.F~. ~6~5. r,c. 605) N DD~g'gT'W 30' ~O.R. 1732, BASEUHE - z7~ec Ci~HEHT DEED ~F ~DUTH 3~' P~LIC ROAD RIgHT-OF.WAY [O.R. 3~4, PO. /O,R. 336, PO. 139) ARLINGTON PARK P.U.D. 274+00 ~ol 276+00 CORNER SECTION 1.3, q' ~,i SURVEY BASELINE 25 E. N 0~'~5'30' o.o~ I ~$T 30' ~5T UNE orJ SECP~ 1~ E'LF'RIEDA ~OUI~IT~N SUT~ERLAND O,R, 2127, PG. 5.}5 AGENDA ITEM MAR 2 6 2002 Pg. ~ ~ ~3o' c.u.£, JOR. 1e92, __~c~4L._ ROAD R.O. ~;, ~lP M.E. ~EU~ 11, ~SHIP 49 SOUTH, R4NC.,E. 2:5 EAST PREPARED BY: S C A L E.: -..,~/_.~_L{~__~ ~"r --~R/[I'~ DRAWN//BY: JAN DATE: NOV. g. 19gg FILE ~0: 7274 ACAD NO: 7274-1~ PROJECT: NO. t~OO7 ~ PROJECT PARCEL NO: TAX PARCEL NO. RANGE 26 EAST SECTION 18, TOWNSHIP 49 SOUTH, COLLIER COUNTY, FLORIDA 5KETCH OF T[M. PORARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEY) (SEE SHEET 2 OF 2 FOR DESCRIPTION OF TEMPORARY DRIVEWAY RESTORATION EASEMENT) ~ SCALE: I" - 60' ~' ~ , ~ST 264' OF S~ I/2 OF t~.fl. 33S, PO ~ARINGS ARE B~ ~ ~E ~ORIDA STA~ PLAN COORDINA~ S~M, EAST ~o. s EXHIBIT SEC TION 1 & PROJECT: NO. 60071 PRO~ECT PARCEL NO: ~ TAX PARCEL NO. __ TOWNSHIP 49 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA DESCRIPTION OF TEMPORARY DRIVEWAY RESTORATION EASEMENT a I'[I,~PORAI~¥ DRIVEWAY R£STORAI~ON £A~£NT 0~9 aND A~OSS SOU~, R~ E6 EAST, C~UER C~Nr~ FL~IOA, ~fNG P~LARLY DES~ AS BE~N~G AT ~E ~ST ~[-~AR~ C~ ~ SA~ ~C~ lB: ~ENC[ ~$TANCE ~ 30.09 ~NC[ L[A~NG ~E ~S~ ~N[ ~ ~D S[C~ lB N~ 8g'35'~3' EAST ~ENC[ S~ 00~5'3~' EAST 30.09 ~ET; ~[NC[ S~ 89'JS'SJ' ~ST 3O. OO ~E~ ~ ~E P~NT ~ BE~NNIHC C~rAI~N~ 1~0~ S~AR/ ~T ~ LAND ~E O; LESS; AGENDA ITEM NO. I~>~ -~ !~AR 2 6 2002 PREPARED BY: ~ 2 OF 2 EXECUTIVE SUMMARY APPROVE THE STIPULATED FINAL JUDGMENT RELATIVE TO THE EASEMENT ACQUISITION OF PARCELS 170 AND 770 IN THE LAWSUIT STYLED COLLIER COUNTY V. FRED R. SUTHERLAND, ET AL., CASE NO. 01-0756-CA. PROJECT NO. 60071. OBJECTIVE: That the Board of County Commissioners approve the Stipulated Final Judgment as full and final compensation to be paid for the acquisition of the easement designated as Parcels 170 and 770 in Collier County v. Fred R. Sutherland, d/b/a Sutherland Paint Horses. et al., Case No. 01-0756-CA. CONSIDERATIONS: On May 31, 2001, an Order of Taking was entered by the Circuit Court as to Parcels 170 and 770 regarding thc acquisition of easements for the Livingston Road project (Project No. 60071). On June 12, 2001, the good faith estimate of value for these parcels in the amount of $16,500.00 was deposited into the Court Registry, thereby vesting title in the parcels in Collier County. Through negotiations, the parties have reached a settlement agreement whereby the property owner, ELFRIEDA HOUGHTON SUTHERLAND, TRUSTEE of the Elfrieda Houghton Sutherland Revocable Trust as Restated u/d/t 11/29/95, will be fully and fairly compensated for the property interests taken for the public purposes enumerated in the resolution of condemnation (Resolution No. 2001-46). The terms of the settlement agreement are set out in the Stipulated Final Judgment (attached as Exhibit "1"). The Stipulated Final Judgment provides for $21,711.30 to be paid to the Respondent as full compensation for the property fights taken as to Parcels 170 and 770, and $3,238.72 to be paid to Kenneth A. Jones, Esq. as attorney fees. Pursuant to {} 73.092(1), Florida Statutes, attorney's fees are based on the benefit derived and calculated at 33% of the difference between the last offer of $11,897.00 and the full compensation of $21,711.30. In addition, the Stipulated Final Judgment provides for reimbursement to the property owners for costs incurred in the form of expert fees for an appraiser and for a planner. All reasonable costs incurred by the property owner in defense of the proceedings are recoverable pursuant to {}73.091, Florida Statutes, from the condemning authority, and the parties have agreed to a reasonable fee for these experts in the aggregate amount of $693.12 to be paid to Roetzel & Andress Trust Account who will disburse payment in the amount of $462.50 as appraisal fees and costs and $230.62 as planning fees and costs. The Stipulated Final Judgment provides that Collier County shall deposit the additional amount of $9,143.14 with the Registry of the Court. Staff has reviewed the County's obligations and the appraisal and engineering fees as set forth in the Stipulated Final Judgment and considers them to be reasonable in light of the statutory requirements as to costs and fees imposed upon the condemning authority. AGEN~.~Ji.E N,i / ! W, AR 2 200? ~ p~, I .... in the Transportation .-,-'~ .,fflSCAL IMPACT: Funds in the amount of $9,143.14 are available Impact Fee District t Fund. Source of Funds are Impact Fees. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners: approve the Stipulated Final Judgment; approve the expenditure of the funds as stated; and direct staff to deposit the sum of $9,143.14 into the Registry of the Court. SUBMITTED BY: REVIEWED BT: Heidi F. Ashton Assistant County Attorney Dale A. Bathon. P.E., Principal Project Manager Transportation/ECM Date: Date: REVIEWVED BY: APPROVED BY: Norm Feder, Administrator Transportation Division David C. Weigel County Attorney 2 AGENDA ITEM ~',, NO, MAR 2 6 2002 Pg..~. : 3/7/02 Time: 11:36 AM To: ~ 774-0225 Myers Fax P&ge: 003-011 '03-06-0l~ 0~:$7 Froe-Collier Count), Attornmy 0ffi;e g41 ??4 02~5 T-O?7 P.O02 ;-OCi IN T~- CI]ff, CUIT COLrRT OF ~ TWEN'IIETtt JUDICIAL CIRCUFT IN AND FOR COLLIER COX2qTY, FLORIDA ClVEL ACTION COT-T-rm~ COUNTY, FLORIDA. a political eubdivia/an of the S*,~c of No.: 01-0756-CA Pmx:cl Nos.: 170 and 770 l~v.r~ R. SUTI~RLAND, individually and d/h/a su'r/-~e~J_,/,~WD PA/1WT HORSES, ct al., Respondents. / ,UL*T O 4UD¢ THIS CAUSE having come ~f~ ~c ~ ~n Jolt Mofi~ m~ by Petition, by ~d ~u~ its ~ ~,m,eL ~d R~o~% ~A HOUOH~N S~~, ~, TRI3S~ trf~,~ ~6 _,~ lrr,-,LJ~",~ ~ Revo~._blc Tram ms R~ated u/d/t 1i/29/~$, have and r~cover fram Pctigm~ CO,-t-tm{ COUIqY. FLORIDA. thc sum otl'wenly O~.e Timnssmd Seven ]~.umdred Eleven and ~O/1O0 Dollars (~21,?llJ0) for Parcel Nos. 170 and 770 as flflI paymam for the ~mmm~ mk~ and f~r dama~ rasulilng so Ihe ~,,-~,,a,.% if' EXHIBIT AGENDA iTEM re: 317102 T±me~ 11:36 AM To~ ~ 774-0225 Myers Fax Page: 004-011 0~-01~-0~. 0~:$? ~ra~-Colll~r C~unt~ Attorney Offic! 841 714 8Z~B T-O~T P.OS~/OIOF-OD! than the ~tirc property was takm, buatne~ ~ ~ ~r ~ o~ ~ ~ ~fion ~ ~ pa; it ~.~ 0~~ ~ ~~ E~A HOU~N S~, ~US~ of~e ~ ~~ S~d ~~ie T~ ~ ~~W~ 1i~9~5, ~ve ~m Pefi~on~ ~lo ~ ~ ~c ~ of~ ~ous~d ~o Hu~ ~-Ei~t ~d ~100 D~ ~8.72~ for ~ f~ ~ ~ S~on ~.~1), ~da O~~ ~ R~~ ~~A HOU~ON S~, ~~ of~ O~~ ~ ~ ~A HOUSTON ~~, ~U~ ~ Hou~n SWh~]~d ~~le T~ ~ ~ ~ 11/29~5, ~ ~ P~i~ ~~le p~g f~ the ~ of~o H~dred ~ nd 6~I~ Doh~ (S~0.62), O~~ ~a P~fi~ ,h=~! ~t ~ ~fi~ N~e ~~d One H~ed Fo~-~ nd 1~1~ Do~m ~.14) n~ ~ ~~ of~ ~ of~mV C~i~ ~ ~ (30) ~ of~ ~ ~s ~Y-,~ F~ O~~ ~ ~ ~~ j~~ ~ ~ ~1~ ~'s f~ ff ny, ~ W S~n 73.~2), ~ S~ ~ ~ P~I ~os. 170 ~d 77~ O~~ ~ ~ ~ ~ j~~ ~ ~on ~ ~ ~ a~ of AGENDA ITEI~ / No. MAR 2 6 2002 : 3/7/02 Time: 11:36 AM To: ~ 774-0225 Myers Fax PaEe: 005-011 ~-0(~-0~ O~:~T From-Collier C0u~ty Att~rn~ Oftlc. ~vo Humdred Thirty-Eight and 72//00. DoUars (~72) ~ ~ ~ lon~, ~., 2320 O~D ~ ~e CI~ of ~ Co~ ~ ~b~e ~ ~ ~ ~ 8~ Humid ~ ~ J~ ~., 2320 F~ S~ Sffi~ 1~, F~ M~ ~ 33~1 ~ ~~ f~ OR-~~ tim/title ~o Pm'cel l~lo. Paz~ol 170, road risht-of.w~y, dmirmge, utiUty and .maJntenm~e mas~mgna[ and P~m;¢l No. 770, ).,mporazy driveway restoralion ~aaernc~ ~ Ihlly clc~mbed i,n F..xhiblt "A" attached hereto and incorpm~ed herein, which vested tn Pe~i~oncr the Ord~ of Taking dated May 31, 2001, and the deposit of,'~,-'y hcretoforc nmde, ~m-ovmt, r~Jiod, mad confumed; it ~ further ~oi~ ~ B~ 2780, P~ 3320 of~e ~ ~ of~ ~, ~ be ~~~ ~ P~ Nos. 170 ~ 770; ~ it h ~ Ted Bmusscau Ch~uit Couz~ Judge 3 AGENDA !TEM NO. _J~.~ MAR 2 6 2002 ,te: 3/7/02 Myers Fax Time: 1:40 PM To; ~ 774-022,5 P&ge: 003-003 .09:37 Fr~-Collilr Countr Attorney OffJce g41 ??4 O~'Z5 T-OT? JOINT MOTION I~OR STIPULATED ]fINAL TI~ Parti.~ heathy ztip,.!~t~ and rcapc~ffully r. queat thi~ Court to Final ~.cL~m~t. RO~' & AND~ S SLate lpO0 1~. My,m~ FL 339O1 ATTORNEY FOR RF_~PONDENT l:mIOI F. A~]iTON, ~O, Florida ~ No. ~770 ~~ A~~Y'S 0~ 3301 ~ T~ T~ N~I~, ~ 34112 ~41/77~ - T~l~ho~ ~l/77~225 - F-c~ile A~O~ FOR PE~O~ AGENDA ITEM, NO. !~_., ~- 2002 ii EXHIBi 1 PERPETUAL, NON-EXELUSlVE ROAD RIGHT-OF-W^Y. DR^INAGE, 8 E 2 , ~ ~LIW & MAI~. EASE~N~ PRO.CT: NO. flO~Tl PROJECT PARCEL NO; TAX PARCEL NO. ~~ SECTION ~8, TOWNSHIP 49 SOUTh, RANGE 26 EAST COLLIER COUNTY, FLORIDA SKETCH OF ROAD RIGHT-OF-WAY. DRAtNAOE. UTIg~TY MAINTENANCE EASEMENT {NOT A SURVEY). (SEE SHEET 2 OF 2 FOR DESCRIPTION OF EASEMENT) "' PROPOSED R.O.~q~ LIVINGSTON ROAD CD AGENDA ITEM ~AR 2 ~ 20O2 ~t~ARlNr~S ARE BASF_D ON THE FLORIDA STATE PLAN CO~D/NA~ S~.. ~'AST ZONE PR[PARED BY: , SHE~ ~ ~ EXHIBITf~ 8132 PROJECT PROJECT PARCEL NO; ~ TAX PARCEL NO. . SECTION ?B, TOWNSHIP 49 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA DESCRIPTION OF ROAD RIGHT-OF-WAY, DRAINAGE, MAIN TENANCE EASEMENT A ROAD RIGHT-DF-WAY, DRAINAGE, UT~UTY AND MAINTENANCE EASE.~ENT OVER, UNDER AND ACROSS THE t~EST 30. DO FEET OF* THE NORTH ONE-HALF OF THE SOUTH ONE-HALF DF THE NORTHWEST ONE-QUARTER OF THE SOUTHWEST O,NE-QUARTER OF SECTION- lB, TOWNSHIP 49 SOUTH, RANGE 2~ EAST, COLLIER COUNTY, FL'OffIDA; CONT~NING ~,gO0 e. OUARE FEET OF LAND MORE OR I..[$$. UTILITY AND. AGENDA ITEM NO. lb, ~- ~ MAR 2 6 2002 Pi;. ~' eEARING$ ARE BASED ON THE FLORIDA STATE PLAN COORDINATE SY'3TEI,¢, EAST ZON'E G~.90. ' PREPARED BY: ~sJn. ~ SHEET ¢~F 2 mllllm~ , . , ~~,~~~.,N~m,, ~ I CHECKE~Y: ~A PROJECT NO.: 7841 2 PROJECT: ND. 00D71 PROJECT PARCEL - TAX PARCEL $£CTION 18, T©WNSHIP 49 SOUTh, RANGE 2~ COLLIER COUNTY, FLORIDA 5KETCH OF TEMPORARY DRIVE~A~ RESTORATION ~ASEMENT ~NOT A (SEE SHEET 2 OF 2 FOR D~SCR~PTiON OF TEMPORARY DRIP,AY RESTORATION EASEMENTJ HIWASSE, INC. SECTION TRACT D KENSINGTON PARK PHASE ONE (P.B. 21, PGS. 62-67) !o' BUF~R EASEMENT d 2127, PG. 53~ ~ ~ SCALE: t:l TRACT 7 KENSINGTON PARK PHASE ONE CP.e. :,,. eGs, 62-67) i ~ARtNGS ARE B4~ ~ ~ ~R/DA STA~ PZAN C~DINATE S~U, ERST Z~E ~" ' PREPARED aY: SHEET 7 ~' 2 CHEC BY ~A PROJ T NO AGENDA ITEM NO. Ib~t_ MAR 2 B 2I~2 SECTION 18, PROJECT: NO. 60D71 -- PROJECT PARCEL NO: ~ TAX PARCEL NO. ~ TOWNSHIP 49 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA DESCRIPTION OF TEMPORARY DRIVEWAY RESTORATION EASEMENT A ~"MPD~ARY DRI~Z'WAY ~EST~ATION EASEMENT O~R ~D A~OSS ALL ~E S~T (I/4) ~ ~Cn~ ,la, TO~SH~ 4g S~, RANGE 2~ EAST, F~O~: ~MEN~NG AT ~ ~T ~E-~R ~ OF SAID SE~ 18; ~EHCE SDU~ 0D~9'~7' EAST AL~G THE ~ST UNE ~ S~D SEC~ 18, A ~y~ ~ BB7.73 FE~ 70 ~g P~HT ~ BE~HNIHG OF ~[ EASEMENT HERE~ BEING DES~IBED; ~ C~NUE S~ ~'57' ~ST AL~G ~E ~ ~E ~ SAfD EAST ~00 ~T; ~ SO~ ~9~0'02' ~ST 50.0~ ~ET TO ~E P~T ~ BEGINHI~G O~ ~E EA~UENT tlER~ DESCRIBED; CONTAINING 11,~4 SQUARE FEET DF LAHD &lORE OR LESS. AGENDA ITEM, MAR 2 ~ 2002 BEARINGS ARE BASED ON THE FLORIDA STATE PLAN COORDINATE SY~TEI, I, EAST ZONE 8~ . PREPARED BY: ' SHEET 2 IBIBB~ IH'F VIZIr]N: ! ~ ~-~ ~m~~ ~m ~ 4.J ) CHECKE ~A PRO.CT NO' 784 EXECUTIVE SUMMARY AN ORDINANCE REPEALING IN ITS ENTIRETY COLLIER COUNTY ORDINANCE NO. 01-49, WHICH CREATED THE COMMUNITY OF CHARACTER COUNCIL OBJECTIVE: To repeal in its entirety Collier Community of Character Council. County Ordinance No. 01-49, which created the CONSIDERATIONS: On September 11, 2001, the Collier County Board of County Commissioners adopted Ordinance No. 01-49, which created the Community of Character Council. It is the desire of the Collier County Board of County Commissioners, as expressed at the February 12. 2002 Board meeting, to repeal County Ordinance 0149 in its entirety. FISCAL IMPACT: None. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners adopt the alIached ordinance repealing Collier County Ordinance 200149 in its entirety. PREPARED BY: Ramiro Mafialich, Chief Assistant County Attorney David C. Weigel, C~uhty A~mey Date: March 15, 2002 Date: March 15, 2002 AGENDA ITEM r~ NO. ~ MAR 2 6 2002 Pg.. ~ 1 2 3 4 5 6 $ 9 10 11 12 13 14 15 1'7 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 3.3 34 35 36 37 39 .40 .41 .42 43 45 47 48 49 50 51 ORDINANCE NO. 2001-__ AN ORDINANCE REPEALING IN ITS ENTIRETY COLLIER COUNTY ORDINANCE NO. 2001-49, WHICH CREATED THE COMMUNITY OF CHARACTER COUNCIL; PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, The Board of County Commissioners adopted Ordinance No. 2001-49, which created the Community of Character Council, a "board" as defined in Collier County Ordinance No. 86-41, as amended; and WHEREAS, The Board of County Commissioners desires to terminate the Community of Character Council as a "board"' as defined in Collier County Ordinance No. 86-41, as amended. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLOPJDA, that: SECT]ON ONE: REPEAL OF COLLIER COUN.Ty ORDINANCE NO. 2001-49 Collier County Ordinance 2001-49 is hereby repealed in its entiret3,. SE(TI-]ON -FWO: INCLUSION IN THE CODE OF LAWS AND ORDINANCES The provisions of this Ordinance shall become and be made part of the Code of Laws and Ordinances of Collier Cou~t/, Florida. The sections of the Ordinance may be renumbered or re-lettered to accomplisq such, and the word "ordinance" may be changed to ~ection", "article", or any other appropnate word. ~'-I~ON THREE: CONFLICT AND SEVERABILH~Y In the event this ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shal, appiy. If any phrase or portion of the Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portion. ~L~;)~.~: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Florida Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this ~ day of Hatch, 2002. ATTEST: BOARD OF COUNTY COMMISSIONERS, DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA. By: By' Deputy Clerk Approved as to form and legal sufficiency: R~'miro Mafialich Chief Assistant County Attorney ]AMES N. COLEq-I'A, Chairman Commissioner, District 5 AGEND, A. JTEf~ l NO. MAR 2 6 2002 EXECUTIVE SUMMARY AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 2001-76 VCHICH CREATED THE LIVINGSTON ROAD PHASE II BEAUTIFICATION MUNICIPAL SERVICE TAXING UNIT; PROVIDING FOR AMENDMENT TO SECTION SIX TO ALLOW PROPERTY OWNERS AND APPOINTED REPRESENTATIVES OF PROPERTY OWNERS TO SERVE ON THE ADVISORY COMMITTEE; PROVDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVDING FOR CONFLICT AND SEVERABILITY; AND PROVDING FOR AN EFFECTIVE DATE. OBJECTIVE: To obtain Board approval of an ordinance amending Ordinance No. 2001-76 to correct a scrivener's error to the filed Ordinance. CONSIDERATIONS: On December 11, 2001, the Board approved Item 8H, thereby creating the Livingston Road Phase II Beamification Municipal Service Taxing Unit (MSIU). During discussion of this item, the Board requested that Section Six be revised so that the section pertaining to the advisor>' comminee would include "..property owners or appointed representatives of property owners" The ordinance that was filed with d~e Secretary of State did not contain this change. Therefore, an ordinance amending Ordinance No. 2001-76 has been prepared which reflects the correct language as previously approved bx ~l~e Board. FISCAL IMPACT: There is no fiscal impact that will arise from approval of this item. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board adopt an ordinance amending Ordinance No. 2001-76 to correct language in Section Six pertaining to the advisory committee. SUBMITTED BY: 5t,larquita 7(fn~, $~: fl~n, inistrati~.gssistant EdaTafd/J~ Kan~nsportation Operations Director APPROVZD BY: /' l')q V'r Nonxm/h E. Feder, AICP, Transporlation Administrator / DATE: 2/25/02 ORDINANCE NO. 2002- AN ORDINANCE AM-ENDING COLLIER COl_NTh ORDLNANCE NO. 2001-76 WHICH CREATED THE LIVINGSTON ROAD PHASE II BEA[~rlFICATION MUNICIPAL SER~,qCE TAXING UNIT: PROVIDING FOR AMENrDMEN~ITM TO SECTION SIX TO ALLOW PROPERTY OWNERS AND APPOINq'ED REPRESENTATIVES OF PROPERTY OWNERS TO SERVE ON THE ADVISORY COMMITTEE; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS. on December 11. 2001, the Board of Countx Commissioners adopted Ordinance No. 2001-76 which created the Livingston Road Phase tl Beautification Municipal Service Taxing District: and WHEREAS, the Board of County Commissioners desires to change the composition of the Advisory Committee to include property owners and appointed representatives of propert.x On'BeYS NOV,'. THEREFORE, BE IT RESOLVED BY THE BOARD OF COL.~,,'T'~ CONIMISSION'ERS OF COI.I JER COUNTY. FLORDA that SECTION ONE: AMENDMENT TO SECTION SIX OF ORDINANCE NO. 2001-76. Section Six is mended to read as follows: SECTION SIX: CREATION OF THE LI~GSTON ROAD PHASE I1 BEAUTIFICATION ADVISORY COMMIqTEE: APPOIN-FMEN'I AND COMPOSITION There is hereby created and established the Livingston Road - Phase I1 Beautification AdvisoD, Comrmttee. hereinafter referred to as the "Committee". The Comrmttee shall consist of five (5) members that generall) represent the are~: within the MSTU. Members of the Committee shall be appointed by and ser~e a: Ihe pleasure of the Board of Count)' Comrmssioners. Said members shal b, permanent residents, property owners or appointed representatives of propt=x owners within the MSTU and electors of Collier Cotmtx. The Board of Coumx Commissionm's shall consider appoinnmen~ of members from different subdivisions or communities within the MSTU. Count), Commissioners. which resolution shall se~ forth the dam and the term of office. Appointmen! of membe~rs to the Committee shall be bx' resolution of the Board of 1 Words Underlined are added: Words ~;traz!. T~rc. txgE are deleted Members of the Committee shall serve without compensation, but shall be entitled to receive reimbursement for expenses reasonably incurred in the performance of their duties upon prior approval of the Board of Countx Commissioners. SECTION TWO: INCLUSION IN THE CODE OF LAWS AND ORDINANCES. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier Count),, Flor/da. The sections of the Ordinance may be renumbered or re-leuered to accomplish such, and the word "ordinance" max' be changed to "section.'~ or an.x other appropriate word. SECTION THREE: CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other Ordinance of Collier County or othe: a??hcablc laxv. the more restrictive shall apply. If an3' phrase or ponior~ of the Ordinance is held ~nx alid or unconsntutional bx' any court of competent jurisdiction, such portion shall be 0eemcd separate, distinct and independent provision and such holding shall not affect the validitx remaining portion. SI CTION FOUR: EFFECTIX~E DATE. This Ordinance shall take effect upon filing with the Florida Department of Statc PASSED AND DL'LY ADOPTED bx the Board of County Commissioners of Colher o,m'~x. Florida. this day of ,2002. D.:'~TED. ATTES'I: DWIGHT E. BROCK.. CLERK BOARD OF COLLN~I'Y COMMrISSIONERS OF COLLIER COLTN~fY. FLORDA JAMES N. COLETI'A. CHAIRNL4. N .'xl,r~oxed as to forrrl add County Anorne) - Words Underlined are added: Words c .... ~. 'r~, ..... ~' are d leted. ' 8 _ _ff EXECUTIVE SUMMARY VA-2001-AR-1584, STAN WHITTEMORE, REPRESENTING T. MICHAEL AND BARBARA J. BROTT, REQUESTING A 5-FOOT VARIANCE FROM THE REQUIRED 30-FOOT REAR YARD SETBACK TO 25 FEET FOR PROPERTY LOCATED AT 384 FOX DEN CIRCLE, FURTHER DESCRIBED AS LOT 32, FOXFIRE UNIT 3, IN SECTION 6, TOXVNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY. FLORIDA. OBJECTIVE: That the community's interest is maintained in a single-family neighborhood. CONSIDERATi ON $: The petitioner requests a 5-foot variance from the required 30-foot rear yard setback to 25 feet to convert an existing screened porch into air-conditioned living area and extend it an additional 5 feet. A single-family home and screened patio exist on the single-family lot. A patio is an accessors.' structure: therefore a 1 O-foot rear yard is required. A principal structure requires a 30-foot setback in this portion of the Foxfire PUD. Therefore, converting the patio from an accessou structure to pan of the principal structure (and adding 5 feeti requires an increased setback. The proposed variance will not be detrimental to the neighborhood, as evidenced by the attached letter from the Architectural Review Committee of the Foxfire Community Association. In addition, two similar variances have been approved bv the Board of Zoning Appeals in Unit 3 of Foxfire. around the samc lake. FISCAL IMPACT: Approval of this petition will have no fiscal impact on Collier County. GROVCTH MANAGEMENT IMPACT: Approval of this variance will not affect or change the requirements of the Growth Management Plan. ENVIRONMENTAL ISSUES: There are no unusual environmental issues associated with this petition. HISTORIC/ARCHAEOLOGICAL IMPACT: StafFs analysis indicates that the petitioner's property is not located within an Area of Historical and Archaeological Probability as referenced on the official Collier County Probability Map. Therefore. no survey or Waiver of Historic and Archaeological Survey & Assessmenl is required. EAC RECOMMENDATION: The Environmental Advisory Council did not review this petition because the EAC does not normally hear variance petitions. CCPC RECOMMENDATION: The Collier County Planning Commission heard this petition on February 21. 2002. Citing no objection from the neighbors or the Architectural Review Committee, the Planning Commission voted 5 to 0 to forward the petition to the BZA with a recommendation of approval. PLANNING SERVICES STAFF RECOMMENDATION: There is no land related hardship associated with this variance. However. there are ameliorating factors, including, no objections from the neighbors and the fact that two similar variances have been approved by the Board of Zoning Appeals in Unit 3 of Foxfire, around the same lake. Therefore. Planning Sen'ices staff recommended that the CCPC forward Petition VA-2001-AR- 1584 to the BZA with a recommendation of approval. 2 PREPARED BY: PRINCIPAL PLANLNER DATE REVIEV~ED BY: //S"USAN MURRAY. AICP DATE CURRENT PLAN.'.'NING MANAGER & INTERIM PLANNING SERVICES DIRECTOR APPROVED BY: JOSEPH K. SCHMITT DATE COMML~'ITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR executive summary 'VA-200'.-.AR-1584 3 MEMORANDUM TO: FROM: COLLIER COUNTY PLANNING COMMISSION PLANNING SERVICES DEPARTMENT COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DATE: JANUARY 31, 2002 SUBJECT: PETITION VA-2001-AR-1584 AGENT/APPLICAN'I: O\~,rNER: T. Michael & Barbara J. Brott 8820 Clea~'iew Drive Orland Park. IL 60462 AGENT: Stan V~ittemore 452 Fox Den Circle Naples. FL 34104 REQUESTED ACTION: The petitioner requests a 5-fool variance fi.om the required 30-fooI rear yard setback to 25 feet to convert an existing screened porch into air-conditioned living area and extend it an additional 5 feet. GEOGRAPHIC LOCATI ON: The subject property is located at 384 Fox Den Cimle in the Foxfire PUD. Z PURPOSE/DESCRIPTION OF PROJECT: A single-family home and screened patio exist on the single-family lot. The petitioner wishes to enclose the patio, converting it to air-conditioned living space, and extend it an additional 5 feet. A patio is an accessory structure; therefore a 1 O-foot rear yard is required. A principal structure requires a 30-foot setback in this portion of the Foxfire PUD. Therefore, converting the patio fi.om an accessory structure to part of the principal structure (and adding 5 feet) requires an increased setback. SURROUNDING LAND USE AND ZONING: Subject: Single-family house; zoned PUD Surrounding: North - East - South - West - Single-family house; zoned PUD Fox Den Circle ROW, across which is a single-family house; zoned PUD Single-family house; zoned PUD Stormwater-management lake HISTORIC/ARCHAEOLOGICAL IMPACT: Staffs analysis indicates that the petitioner's property is not located within an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, a HistoricaVA.rchaeological Survey and Assessment or waiver is not required. EVALUATION FOR IMPACTS TO TRANSPORTATION~ INFRASTRUCTURE AND ENVIRONMENT: Approval of this variance request will have no effect on infraslrucmre, transportation or the environment. ANAI_YSIS: Section 2.7.5 of the Land Development Code grants the authority to the Board of Zomng Appeals to grant variances. The Planning Commission is advisory to the BZA and utilizes the provisions of Section 2.7.5.6.1 through 2.7.5.6.8, which are general guidelines to be used to assist the Commission in making a determination. Responses to the items in Section 2.7.5.6 are as follows: I i Are there special conditions and circumstances existing, which are peculiar to the location, size and characteristics of the land, structure or building involved7 No. A single-family house and patio exist on the parcel. Are there special conditions and circumstances, which do not result from the action of the applicant such as pre-existing conditions relative to the property, which is the subject of the variance request? No. The applicant wishes to construct an addition to an existing house. Will a literal interpretation of the provisions of this Land Development Code work unnecessaD' and undue hardship on the applicant? No. There is no land-related hardship, since a single-family house exists on the lot. o Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safet).' and welfare? No. The existing house is a reasonable use of the land. However, the requested variance will be the minimum required to consU'uct an addition, as desired by the petitioner. Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district? Yes, the granting of this variance will allow the petitioner to have a smaller rear yard than that which would be permitted for a similar lot in the Foxfire PUD. Will granting the variance be in harmony with the general intent and purpose of this Land Development Code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare? No. The granting of this variance will reduce the amount of the required yard and required open space, which will not be in harmony with the general intent and purpose of the LDC. However, the proposed variance will not be detrimental to the neighborhood, as evidenced by the attached letter from the Architectural Review Committee of the Foxfire Community Association. In addition, two similar variances have been approved by the B([ard o1[~[~ Appeals in Unit 3 of Foxfn-e, around the same lake. [ ~, / '-' (' 7. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf courses, etc.? Yes. The encroachment is adjacent to a water management lake, not directly abutting another home. No objections have been received, and a letter of no objection from the Architectural Review Committee of the Foxfire Community Association has been received. ge Will granting the variance be consistent with the Growth Management Plan? Approval of this variance will not affect or change the requirements of the Growth Management Plan. EAC RECOMMENDATION: The Environmental Advisory Council does not normally hear variance petitions. PLANNING SERVICES STAFF RECOMMENDATION: There is no land related hardship associated with this variance. However, the encroachment is ameliorated by being adjacent to a stormwater management lake. In addition, a letter of no objection from the Architectural Review Committee has been received. Therefore, Plannin~ Services staff recommends that the CCPC forward Petition VA-2001-AR-1584 to Ihe BZA with a recommendation of approval, subject to the conditions in the resolution. PREPARED BY: ~ REISCHL, AICP PRINC~AL PLANNER REVIEWED BY: /.$/ DATE CURRENT PLANNING MANAGER DATE THOMAS E. KUCK, PE INTERIM PLANNENG SERVICES DIRECTOR DATE APPROVED BY: / jgtSEPH K. t~'cHMITT /~OMMUNITY DEVELOPMENT & ENVIRO~NW~ SERVICES ADMINISTRATOR Petition Number: VA-200 l-AR-15 $4 Collier County Planning Commission: Y, DEbZNrETH L. Pd~EP-dqATHYf"C~ VARIANCE PETITION (VARIANCE FROM SETBACK (S) REQUIRED FOR A PARTICULAR ZONING DISTR]~ Petition No. Commission District: Date Petition Received: Planner Assigned: VA-2001 -AR-1584 PROJECT #2001100036 DATE: 10/11/01 FRED REISCHL ABOVE TO BE COMPLETED BY STAFF GENERAL INFOILMATI ON: Petitioner's Name: Pelitioner's Address: Telephone: /- ROd - 8~ g-,/l~, 2. Telephone: Application for Variance Petition - 8/98 'COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE - NAPLES, FL 34104 PHONE (941) 403-2400/FAX (941) 643-6968 Complete the following for all Association(s) affiliated with this petition. (Provide additional sheets if necessary) Name of Homeowner Association: Mailing Address J ~,3'/ ~"~XTyqOT ~:~-¢A',r'City Name of Homeowner Association: Mailing Address City State ~ Zip Name of Homeowner Association: Mailing Address City State ~ Zip Name of Master Association: z)~X.~/A'~ ~,,~/'7/):/,//T'.Y ~- /~)'t~ ~:V/-/-i~'A' ~w")x Zt,, Mailing Address J't0,_.~)J'~/'P4ff~.X .~/~¥' City~'_/._~',-5 State~-Zip ,5~'JD'gP Name of Civic Association: ,):])i'E.q) Fz~E TbrfCl'~L ~,~ V/£~/ Mail~ngAddress 9dL~c3 )<~$ bq~ ._ City]~~?/-~'~y . ~-~ 741 - 6"t',Y -/,Y.Z / State~O Zip c~'"fi/&~ PROPERTY DESCRIPTION: Legal Description of Subject Property: Subdivision: ,~/z,e /.),~,~:'.5 Unit Section ~ Twp. ~-~ Range Lot (s) ,YE mock (s) & Propcrb' I.D. # 0~.~ff8~9 ?~~ Metes & Bounds Description: Application for Variance Petition - 8/98 Address of Subject Propert3.': ,.~r~,,~]- ~-"'~;X ,Z~J:"/¢ ~/~K_ ,/l/~qf~-~.) ~"/-~ (If different from Petitioner's address) Current Zoning and Land use of Subject Parcel: ~.~.,~ j ZT.~ ,6/ T'/ ,,'-72- Adjacent Zoning & Land Use: ZONING LAND USE s Minimum Yard Requirements for Subject ProperD': Front: CornerLot: Yes ~ No [] Side: Or- '~'' Waterfront Lot: Yes ['-] No ~ Application for Variance Petition - 8198 Page 3 of 8 Nature of Petition Provide a detailed explanation of the request including what structures are existing and what is proposed; the mount of encroachment proposed using numbers, i.e. reduce front setback from 25' to 18'; when property owner purchased property; when existing principal structure was built (include building permit number (s) if possible); why encroachment is necessary; how existing encroachment came to be; etc. jq Vy~iq/J~f~CL~- (9.+-- T2J~' ~.~9' Application for Variance Petition - 8~98 Page 4 of 8 Please note that staff and the Collier County Planning Comrmssion shall be guided in their recommendation to the Board of zoning Appeals, and that the Board of zoning appeals shall be guided in its determination to approve or deny a variance petition by the below listed criteria (1-8). (Please address this criteria using additional pages if necessary.) Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land, structure, or building revolved. Are there special conditions and circumstances which do not result from the action of the applicant such as pre-existing conditions relauve to the property which is the subject of the variance request. Will a literal mlerpretatio~ of the provisions oftlm zoning code work mmeeessary and undue hardship on the applicant or create practical difficulties on the applicant. 4. Will the variance, if granted, be the minimum variance Iha! will make possible the reasonable rise of the land, building or smactttre and which promote smadarfls Df health, safety ot welfare. Application for Variance Petition - 8198 Page 5 ~f 8 c.g _ 1 -- 5. Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or st~xct~res in the same zoning district. 6. Will granting the variance be in harmony with the intent and purpose of this zoning code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare. 7. Are there natural conditions or physically reduced conditions that meliorate the goals and objectives of the regulation such as natural preserves, lakes, golf course, etc. 8. Will granting the variance be consistent with the growth management plan. Application for Variance Petition - 8/98 Page 6 ~ f$ VARIANCE PETITION APPLICATION SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET! RE Q UIREMENTS # o r COPIES REQUIRED 1. Completed Application 15 2. Completed Owner/Agent Affidavit, Notarized 1 3. Pre-application notes/minutes 15 4. Survey of propert3.', showing the encroachment 1 (measured in feet) 5. Site Plan depicting the following: 15 a) Ali property boundaries & dimensions b) All existing and proposed structures 0abeled as such) c) North arrow', date and scale of drawing d) Required setbacks & proposed setbacks 6. Location map depicting major streets in area for 1 reference 7. Pre-Application fee, Applicaton lee and Data Conversion - fee, checks shall be made payable to Collier County Board of Commission ers 8. Other Requirements - - As the authorized agenv/applicant for this petition, I aXt~st ~hal all oflh~ information indicaw, xi on this checklist is included in this subrmttal package. I understand that faflur~ to include all nec~aary submittal information ma)' ~sul! in the delay of processing of this petition. -- -signim e Application for Variance Petition - 8/98 I)a~¢ 'age ?~f~8 i. AFFIDA FIT Well, ~]~t~ ,F~ ~,,[--~ ~44..,442 ~,,tOFT" being.first duly sworn, depose and say that we/I am/are the owners of the properO' described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data. and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. We/I understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. As property owner We/I further authorize ,,~"['lln) /_lfl~l'~ ~4 0 as our/my representative in any matters regarding this Petition. to ac[ Signature of Property Owner Typed or Printed Name of Owner Typed or Printed Name of Owner The foregoing instrument w~_~ acknowledged before me this /'ff'g~ day of -f ~ ~l/ ~ / , by ?'-~,,'c~fxa / ~,r~? who is personally known to me or has prbduced as identification. State of Florida ~ County of Collie Application for Variance Petition - 8198 (Si~,n~t~~otar) Public- State of Flo~da) (prim, yype,'or Stamp Comm,~si'on~.d~ ~jz~Q~._ Name of Notary Public) [ ~ ' ~ Page 8 of ~ y,/,c./:eD ~.E. 7-~/,o C.¢¢. FOXFIRE COMMUNITY ASSOCIATION OF COLLIER COUNTY 1030 KINGS WAY NAPLES, FLORIDA 34104 (941) 643-3139 FAX (941) 643-6282 August21,2001 T. MiChael & Barbara Brott 384 Fox Den Circle Naples, FL 34104 Dear Mr. & Mrs. Brott:: Thank you for your request to enclose your lanai. Your application has been approved as shown in submitted blueprints, based on your receiving zoning approval from the county and the roof uses same material as existing roof. After reviewing your application, plus an on-site inspection of your property, the Architectural Review Committee has approved your request as submitted. Thank you for your support to keep Foxfire a beautiful place to live. IfI can be of further assistance, please feel free to contact me. Sincerely, Dean Lange Architectural Review Committee [ba oo '~RC FORM 1/99 FOXFIRE COMMUNITY ASSOCIATION (FCA) ARCHITECTURAL REVIEW COMMITTEE (ARC) APPLICATION REQUESTs:,FOR ~;PROJEC...AP'PROVAL -' ._. . _ · ._- . - . . , .- · - .? ~...:~ NOTE: IF YOUR LIVING UNIT IS A CONDOMINIUM OR VILLA, THIS REQUEST MUST I::IRST BE APPROVED b r YOUR LOCAL ASSOCIATION. NO REQUEST WILL BE CONSIDERED BY THE ARCHITECTURAL REVIEW COMMITTEE UNTIL IT HAS FIRST BEEN APPROVED BY YOUR PARTICULAR CONDOMINIUM OR HOMEOWNERS ASSOCIATION IF APPLICABLE. BY SIGNING THiS DOCUMENT, OWNER IS AWARE THAT HE IS RESPONSIBLE FOR ANY ALTERATIONS THAT ARE IH VIOLATION OF BUILDING OR ELECTRICAL CODES EVEN AFTER SALE OF PROPERTY. NAME ~'~ ,/~,~2.- cC- ~/'/..~ ~/¢~7'¢" DATE ~--~/ ADDRESS: ,_~Y //'~..~ .~E~ ,~' 4 C___.~¢z.. ,,,~./,4¢.,~i~./~ip ~,~/¢ ~ PHONE: / '- ¢'"-'//./.2- DSHOW DETAILED DESCRIPTION OF PROJECTfSl ~]NAME OF PERSON/CONTRACTOR DOING THE WORK ~U~ () '7 2001 r~ ~H-ECK APPROPRIATE SOX FOR PERMITS: [~UILDING ]~/ELECTRICAL [] NON REQUIRED IF PERMIT(S) ARE REQUIRED, COPIES MUST BE FORWARDED TO ARC OR POSTED ON JOB SITE I:'RIOR TO COMMENCEMENT OF WORK. THIS APPROVAL aY THE ASSOCIATION PRESIDENT CERTIFIES 'THAT THE CONTENTS OF THIS APPLICATION CONFORM WITH THE MASTER DECLARATION (REVISED 12192) SECTION 3 AND 4 AND IF A LANAI ENCLOSURE OR THE INSTALLATION OF SECURITY/STORM/HURRICANE SHUTTERS ARE INVOLVED, ALL PROVISIONS OF FCA GUIDELINES DATED 1-16-96 HAVE SEEN MET. ASSOCIATION PRESIDENT NAME OF ASSOCIATION DATE ~ BY A.R.C. INSPECTION QF LOCATION AND BY REVIEW OF PROPOSED WORK REQUESTED BY DATE WORK MAY "NOT" START UNTIL APPROVE YES/~NO ~ ~OVE YES~'b ~ !CEIVED -~ i.,.ll ~ n ..JZ ru z ru o zz · Cz~ -'~ Z ~-3 Z nj £~ ~-~ L~ Z nj H~ OZ Z ;--Z flu Z 0 0'"~ ~j~-- RESOLUTION NO ?2 RELATING 70 PETITION NUMBER VA-200I-AR-i 55z. FOR .A. 5-FOOT VARIANCE FROM THE REQUIRED REAR YARD SETBACK OF 2!! FEET TO 25 FEET FOR FOXFIRE I_-N1T 3. BLOCK G. LOT 32. AS RECORDED IN PLAT BOOK 13. PAGES 101 - 103. OF THE OFFICIAL RECORDS OF COLLIER COb%'TY. FLORITDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes. has conferred on all counties in Florida the pox~'er to establish, coordinate and enforce zoning and such business regulations as are necessar?' for the protection ol the public: and \VHEREAS. the Count> pursuant ther,:o has adopted a Land Development Code {Ordinance No. 91-1(12~ which estabii >i~:'s regulations ior the zomng oi particuia: geo~aphic divisions of the Count.~. among xx hich ~s the ~antmg of variances: a~d \VHEREAS. the Board oi Zoning .a.p;>eais. being the duly elected constituted Board of tl~e area herebx altected, has held a m~bi\c hearing after notice as in said reauiations made and provided, and has co:-.s:dered ti~e advisability oi a 5-loot variance iron: the required 30-ioot rear yard set>ac} ~o 25- ;eot as shown on the attached plot plan. Exhibit "A". m a PUD Zone for the p:'?e::., }:ereinatker described, and has found as a nlatter of fact that sat~s~actor.x provlsiO:: a;;d arrangement have been made concerning ali applicable matters required b', sa~d regulations and in accordance with Section 2.'.5 of the Zoning Regulations e: s,nJ Land DevelopmenI Code ior thc unincorporated area oI Collier Count:,: a~::i \VHEREAS. all interested parnes h::x e been given opponuniU to be heard bx this Board in public meeting assembled, and :}~c Board having considered all matters presented NOW THEREFORE, BE 1T RESCd \ ED BY the Board o~ Zoning Appeals of Collier Count>'. Florida. tha~: The Petition VA-200t-AR-1584 ~ficd ~x S~an \Vhittemore. representing T. Michael and Barbara J. Brott. with respec~ te the property hereina~er described as: Foxfire Uni~ 3. Block G. Lot 2~ as recorded in Plat Book 13. Pazes 101 - 103. of the Official Records of Colher Count>. Florida be and the same hereby is approved for a 5 loot x anance/-rom the required rear yard selback o~ 30 feet to 25- feet as shown on tine auached plot plan, Exhibit 'A". o~ the PL-D Zoning District wherein said properLx ~s ioeated, sub.iect to the following conditions: AC,~_NL') ~, ITFJ~ ;, 200; 1. This variance is for the encroact'unent shown in Exhibi! "A" onlx. Any other encroac?unent shall require a scparate variance 2. in the case of the destruction of the encroaching structure, for any reason, to an extent equal to or ~eater than 50 percent of the actual replacement cost of the structure at the nme of its destruction, any reconstruction shall confom~ to the provisions of the Land Development Code in etfect at the time of reconstruction. BE IT RESOLVED that this Resolution relating to Petition Number V A~20(I-AR-1584 be recorded m the minutes of this Board This Resolution adopted after mouon, second and majority vote. Done this day oi ,2(02 .ATTEST: D\VIGHT E. BROCK. Clerk BOARD OF ZONING APPEALS COLLIER COUNT'f, FLORIDA Approved as to Fonu and Legal Suiiicienc:: JAMES N. COLET~IA. CHAI:P-~M.~XN Matjorie M. Studen: Assistam County Altome'. \ A-200~-AR-!5K-~ NC' ,. ~ax: (94~) 597-25~3 LEGAL DESCRIPTION Lm ,.~ 7_.. ,ofBlock ~ ,of~t~s~i~sion~o~ ~0~ ~1 ~ ~M tT - ~ ,~rd~inPl~k I~ ~cl~[ - /03, of~e Public ~r~ of ~o ~ ~ ~ ~ ~ Co~, Flofi~ ~ pc.. LEGEND ~:~~ ~:~ i~.~ 0~-~~ ~' - ~,~~. ~k, tb'Ol S~. oo T. OA. Te~ o .,..~-- Exhibit "A" '"