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Backup Documents 08/04/1998 RBCe I:;~EGULAI{ MEETING OF AUGUST 4, 998 NaDLes DatLy ttevs Afft~v~t of P~ttcat~ ~ptes DaiLy N~s BOARD OF CC~HTY CO~ISSZOflERS ATTN: t4AHCY SALOGU8 PO BOX 413O16 NAPLES FL 34101-3016 REFERENCE: 001230 ~77293T? NOTICE OF PUBLIC flEE State of FLor~cta ~ty of ~tLSer hfore the undersigned autl~rtty, ~r~LLy i~r~ B. ~, ~ ~ ~th says t~t she se~es as t~ ~sist~t ~r~rate Secre~a~ of t~ ~Les Affimt furt~r ~s tMt the ~td ~ptes DaiLy ~s heretofore ~ ~ ~s ~ ~ter~ ns se~ class ~t ~tter it t~ ~st office tn ~ptes, in said ~tL~er ~ty, FLort~, for a per~ of I year prK~l~ the first K~ ~.of ~ert~s~t; ~ lfft~t r~te, ~tss~ or ref~ for the ~e of se~r~ th~s ~veKt~s~t for ~Ll~tl~ tn the ~d n~s~r. SPACE: 53.000 z.c. Signature of Affiant SU°rn to and Subscribed before Be thts ~/ 012 PUBt. IC J~ETIN~ BOARD C)~ COUNTY M ~o re., AuGust 4, 1998 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA Tuesday, AuGust 4, 1998 N0~ICE: ALL PERSONS WI~{ING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER · PRIOR TO SPEAKING. SPEAKERS MUSTREGISTERWITHT}{E COUNTY ADMINISTRATOR PRIOR TO ~ PRESENTATION OF T}~ AGENDA ITEM TO BE ADDRESSED. REQUESTS TO ADDRESS THE BOARD 0N ~S W}IICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITINGWI~HI EXPLANATION TO THE CO~ AI]MI~S~TOR AT I,F2%ST 13 DAYS PRIOR TOTHE DATE OF T}~ MEETING AND WILL BE ]{F_2%RD UNDER "PUBLIC PETITIONS". ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD W]LI, NEED A RECORD OF THE PROCRRDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF 77{E PROCEEDINGS IS MADE, WT{ICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS W-ILL BE LIMITED TO FIVE (5) MINUTES UNLESS PERMISSION FOR ADDITIONAL TIME IS GRANTED BY 7gte ASSISTED LISTENING DEVICES FOR ~ }{F_2%RING IMI~IRE~ ARE AVAILABLE IN ~{E COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS S~ED FOR 12:00 NOON TO 1:00 P.M. 1. INVOCATION - Pastor Sauter, North Naples United Methodist Church 2. PLEDGE OF ALLEGIANCE 3. APPROVAL OF AGENDAS Approved and/or Adopted with changes - 5/0 A. APPROVAl, OF CONSENTAGENDA. B. APPROVAL OF SUMMARY AGENDA. C. APPROVAL OF R]DGULAR AGENDA. 4. APPROVAL OF MINUTES 5. PROCLAMATIONS AND SERVICE AWARDS A. PROCLAMATIONS B. SERVICE AWARDS e 1) 2) 3) 4) 5) 6) 7) AuGust 4, 1998 Presented Don Jeffery, Parks and Recreation - 10 Years Doylene Marron, Planning Services - 10 Years John Conti, OCPM - 10 Years Chris Carlson, Wastewater - 5 Years Tammy Smith, Information Technology - 5 Years Judith Kraycik, Real Property - 5 Years Robert Nese, Pelican Bay Services - 5 Years 8}.~ii Terry Long, Water Department - 5 Years 9) James %'~att, Water Department - 5 Years 10) J. Quinn, Jr., Water Department - 5 Years 11) Parley Egbert, Parks and Recreation - 5 Years 12) Bryan Thurston, Facilities Management - 5 Y~ars 13) Barry Erickson, Water Department - 5 Years 14) William Heckathron, Water Department - 5 Years 15) John Hoffman, Water Department - 5 Years C. PRESENTATIONS 1) Representative Burr L. Saunders presenting checks from the Florida Department of Environmental Protection and the Florida Community Trust to be used for Collier County park improvements. Presented APPROVAL OF CLERK'S REPORT A. ANALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES. PUBLIC PETITIONS COUN'I'Y~S~R'S REPORT A. COMI~3NI~ DEVELOPI~ENT & ENVIRONMENTS SERVICES PaGe 2 August 4, 1998 1) Appeal of Code Enforcement Case No. 30910-0~,., 40705-024, 50727-024 60530-0~ - Record Owner: James J and Rose Mar; Broderick Staff recommendation approved - 5/0 ~..:.. 2) Berkshire Lakes Master Association Incorporated requestino a :. waiver of the application fees required for submission of ~i~i!~. petition for zoning related development orders. Denied - 5/0 3) Adoption of a resolution to nominate the I~mokalee Community for a federal grant known as the Rural Empowerment Zone Designation. Resolution 98-294 - Adopted 5/0 4) Establishment of parameters for the Interchange Master Plan for Activity Center #9 at the intersection of 1-75/CR-95i/Davis Boulevard. Staff recommendations approved with changes - 5/0 5) The Board of County Commissioners approve a budget amendment to the Special Events ~ourism Development Agreement between Collier County and tae City of Everglades City. Funds to be shifted to elements of the contract - 5/0 Moved to Item ~16A21 6) CONTINUED FROM THE JULY 28, 1998 MEETING. Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of "Park Place West" B. PUBLIC W~RKS 1) Approve Touris~ Development Category "A" Funding Applications for Beach Maintenance and Inlet Management Projects. Staff recommendatom approved - 5/0 2) Approval of second amendment to agreement between Orange Tree Utility Company and Collier County. Emergency exists and Res. 98-295 - Adopted 5/0 3) Consideration of an interlocal agreement allowing for the investigation of the creation of a multi-ccunty utility authority for the purpose of acquiring the utility facilities owned by Avatar Holdings, Inc. Denied - 5/0 C. PUBLIC SER%r/CES 1) Review a staff report regarding the administration of the County-owned parks within the City of Marco for FY 1998-99. Page 3 August 4, 1998 Properties to be deeded to the City of ~rco with restrictions; additional it~m~ in staff report approved; and Interlocal AGreement to be in place - 5/0 Moved from Item 116C2 2) Authorize staff to proceed through the request for proposals (RFP) process to select an architectural firm to provide design services for a North Collier Regional Library to be located at the corner of Orange Blossom Drive and Airport Pulling Road. Approved - 5/0 Added SUPPORT SERVTCES 1) Approval of Agreement for Auditing Services (RFP 98-2794) (Staff's Request) Approved - 4/0 (Commissioner Hancock out) E. COUNTY AD~{INISTRA~OR 1) Quarterly Revenue and Expenditure Report - Fiscal Year 1998 Presented F. AIRPORT AUTHORITY 9. COUNTY ATTORNEY'S REPORT ao Bo Discussion and direction to staff regarding the Tourist Development Plan. Staff to address the deletion of category C line item and consolidate category Bi; Roll caterGory B into an annual proposal; Muse-m- to be addressed; all Gaps to be closed and brought back the first of October - 5/0 Board authorization for legal services retention agreement with Lawrence So Pivacek. Approved - 5/0 10. BOARD OF COUNT~ COMMISSIONERS Four year review of the Environmental Policy Technical Advisory Board (EPTAB) with staff recommendation to create a single environmental advisory committee by consolidating the functions of EPTAB with those of the Environmental Advisory Board (EAB). Staff to draft an ordiance and bring back to BCC for discussion prior to advertising - 5/0 Discussion regarding Budget Hearing of September 9, 1998 (Commissioner Constantine) Commissioner Constantine noted he may be absent for said Page 4 August 4, 1998 hearing Discussion regarding County Administrator's Evaluation. (Commissioner Berry) Commissioners to fill out evaluation forms on County AnA~{nistrator A. OT}IERCONSTITUTIONALOFFICERS B. PUBLIC C~ ON GENERAL TOPICS PUBLIC HEARINGS WILL BE HF2LRD IMMRDIATELY FOLLO%fING STAFF ITEMS 12. ADVERTIS~ PUBLIC HEARINGS - BCC A. COMPREHENSIVE PLAN THIS ITEM }{AS B~ CONTINUED UNTIL SEPTEMBER 1, 1998. Recommendation to approve a resolution approving a Stipulated Settlement Agreement with the Florida Department of Community Affairs to partially resolve Case No. DOAH-98-00324GM. B. ZONING AMENDg~TS 1) THIS ITEM HAS BEEN CONTINUED INDEFINITELY. Scott Wo Whipple of Agnoli, Barber & Brundage, Inc., representing Gregory A. Collins and the Medical Office Center Investment Group, requesting an amendment to the Piper Boulevard Medical Office Center PUD for the purpose of adding .19 acres of land to expand the existing parking lot by 11 parking spaces and adding related landscaping and buffers for property located east of Cypress Way East and north of Piper Boulevard, in Section 23, Township 48 South, Range 25 East, Collier County, Florida. 1) THIS ITEM HAS BR~ MOVED TO 17C. 2) THIS ITEM HAS B~ MOVED TO lTD. 3) Request for the Board to adopt the accompanying resolution approving the transfer of the wastewater collection system and wastewater service area from Rookery Bay Services, Inc. to Collier County for the continued provision of wastewater service to the approved service area, as recommended by the Collier County Water and Wastewater Authority. Res 98-296 - Adopted 5/0 Page 5 August 4, 1998 13. 4) Approve the Purchase Agreement between Rookery Bay Services, Inc. and Collier County Water-Sewer District; adopt a Resolution approving the findings and facts rela%ing to the Rookery Bay Franchise Service Area Sales T~'ansaction; and approve a phase in approach to user rates. Res 98-297 - Adopted 5/0 5) THIS ITEM HAS BEEN MOVED TO 17E. 6) An Ordinance of Collier County, Florida, amending the definitions of ~Commercial Property" and "Residential Units" in Ordinance Number 90-30, as amended, being the Collection and Disposal Municipal Services Benefits Ordinance, and hereby define as "Commercial Property' ~ingle Family Residences, Duplexes, and all other units that share in co~on a dumpster, bulk loader or substantially similar solid waste collection container; also defining guest houses and noncommercial units; providing for conflict and severability; providing for inclusion into tke Code of Laws and ordinances; providing an effective date° Ordinance 98-68 - Adopted with changes 5/0 7) Review the Impact Fee Study and adopt the Consolidated and Amended Collier County Water-Sewer District Impact Fee Ordinance. Ordinance 98-69 - Adopted - 5/0 BOARD OF ZONING APPEALS ~TISED PUBLIC HEARINGS 1) Petition A-98-2, Anthony P. Pires, Jr., of Woodward, Pires & Lombardo, P.A., and N. Paul San Filippo, of Seidensticker & San Filippo, representing Walden Oaks of Naples Homeowners Association, Huntington Homeowners Association, Barrington Homeo',~ers Association and Alan Small, requesting an appeal of a determination of insubstantial change to the Princess Park PUD I4aster Plan, AKA "King Richard's", adopted by Ordinance ~4- 34, as amended, rendered by the Planning Services Director pursuant to the provisions set forth in Secuion 2.7.3.5.2. of the Collier County Land Development Code. Staff recommendation upheld - 3/1 (Commissioner Hancock opposed and Co...issioner Constantine out) 2) Petition No. CU-98-13, Mireya Louviere representing Norris Wade Bethel, requesting Conditional Use "2" of the Agriculture zoning to allow for a horticultural mulching facility for property located on the southeast corner of Im~okalee Road (CR- 846) and Woodcrest Drive, in Section 25, Township 49 South, Page 6 August 4, 1998 Range 26 East, Collier County, Florida. Denied - 4/1 (Co~issioner Mac'Kie opposed) 14. STAFF'S COMMUNICATIONS 15. BOARD OF COUNTY COMMISSIONERS' COMMUNICATIONS 16. CONSENT AGENDA - Ail 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 men%her of the Board, that item(s) will be removed from the Consent Agenda and considered separately. Approved and/or adopted with changes - 5/0 A. COMMUNITY D1A~gIKLO~ & I~RONI~AL SERVICES 1) Recommendation that the Board of County Commissioners approve a retention agreement with Robinson & Cole, LLP for professional services regarding amendments to the Comprehensive Plan. 2) Deferral of 100% of impact fees for a 240 unit affordable rental housing project knov~ as ?~istler's Cove Apartments to be built by Affordable/Whistler's Cove, LTD., and subordination of lien. Res. 98-273 3) Authorize the County Administrator to enter into an agreement with the Florida Division of Forestry to receive a grant to reproduce and distribute copies of the County's Exotic Plant Brochure. Res. 98-274 4) The Board of County Commissioners approve an extension to the Tourism Advertising and Promotion Agreement between Collier County and Marco Island Chamber of Commerce, Inc. 5) THIS ~TEM HAS B~ M~ TO 8(A) 5. 6) 7) The Board of County Commissioners approve a budget amendment and an extension to the Tourism Advertising and Promotion Agreement between Collier County and Visit Naples, Inc. The Board of County Commissioners approval of a restated mortgage and promissory note for a sixty thousand ($60,000) loan from Collier County to the Community Housing Partnership of Collier County, Inc. 8) Lien Resolutions - Code Enforcement Case Nos. 70502-082, 70507- Page 7 August 4, 1998 043, 70521-001, 70521-006, 70612-027 Res. 98-275; 98-276; 98-277; 98-278; and 98-279 9) Lien Resolutions - Code Enforcement Case Nos. 70724-030, 70729- 071, 70805-028, 70905-005 Res. 98-280; 98-281; 98-282; and 98-283 10) Lien Resolutions - Code Enforcement Case Nos. 71117-017, 71210- 016, 71210-051, 80105-066 Res. 98-284; 98-285; 98-286; and 98-287 11) Recommendation to approve Excavation Permit ~;o. 59.656 Odus Landreth Excavation located in Section 12, Township 48 South, Range 27 East; Bounded on the north by vg~ant lots, on the south by canal R/W and on the west by 18-- Street N.E. R/W Subject to Stipulations 12) Request to approve for recording the final plat of Pelican Marsh Unit Twenty and approval of the performance security. Subject to Construction & Maint,~a,ce Agreement and Performance Bond. 13) Request to approve for recording the final plat of "Briarwood Unit Six" Subject to stipulations. 14) Request to approve for recording the final plat of "The Cove", and approval of the performance security. Subject to Letter of Credit and Construction and Maintenance Agreement. 15) Request to approve for recording the final plat of Carlton Lakes Unit No. 2 and approval of the performance security. Subject to Letter of Credit and Construction and Maintenance Agreement. 16) Request to approve the final plat of "Twin Eagles, Phase One" Subject to Construction and Maintenance Agreement. 17) Petition AV 98-014 to disclaim, renounce and vacate the public's interest in a 30' wide parcel of land conveyed to Collier County as a drainage easement, recorded in Official Record Book 1193, Page 1126 and being located in Section 1, To~ship 49 South, Range 25 East, Collier County, Florida. 18) Request to approve for recording the final plat of Avila Unit Two and approval of the performance security. Subject to Constr~ction and Maintenance Agreement. 19) This item has been deleted. Page 8 August 4, 1998 20) Request to approve for recording the final plat of "The Cottages at Gulf Harbor', and approval of the performance security. Subject to Letter of Credit and Construction and Maintenance Agreement. Moved from Item t8A6 21) CONTINUED FROM THE JULY 28, 1998 MEETING. Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of "Park Place ?;est" Res. 98-288 B. PUBLIC WORKS 1) Acceptance of access road right-of-way from the State of Florida Department of Transportation. 2) Recommendation to approve Amendment No. 3 to Professional Services Agreement for Master Pump Station 1.02, Contract #89- 1506, Project No. 73924. 3) This item has been deleted. 4) Enter into an Easement Agreement for the acquisition of easements known as Parcels 147 and 847 for the Livingston Road Four Laning Improvement Project. 5) Approve Amendment No. 4 to the Professional Services Agreement with Coastal Engineering Consultants, Inc. to provide Professional Engineering and Surveying Services necessary in performance of annual monitoring. Requirements for the Marco Island Beach Renourishment Project. 6) Approve Change Order No. 1 to Kyle Construction, Inc. for the City/County Water Interconnect, Project No. 70040. 7) Approve an Agreement to extend Temporary Construction Easement with South Florida Water Management District. 8) Approve Amendment to Appraisal Agreement with Real Property Analysts, Inc., for valuation of right-of-way for the Radio Road Four Lane Improvement Project. 9) Approve Renewal of Annual Contract 95-2388 for Fixed Term Professional Material Testing Services. 10) Award a Construction Contract for the Golden Gate Park Fitness Center (Bid No. 98-2814). Awarded to J. L. Wallace, Inc. in the Amount of $419,400.00 Page 9 August 4, 1998 11) Approve Change Order No. 1 with Better Roads, Inc. for Pathway Construction work for County-wide Pathways II (Bid No. 97-2744) (Project No. 69081). In the amount of $11,012.00 Continued to 9/1/98 12) To approve the transfer of property from Collier County to the State of Florida to satisfy the requirements of Permit #il- 00368-S. 13) Approve a Supplemental Agreement with Hole, Montes and Associates, Inc. for final design and permitting services for Livingston Road Improvements North of Immokalee Road, CIE Project No. 021. In the amount of $428,840 14) This item has been deleted. 15) Award a Construction Contract to Milmir Construction, Inc., for the North County Regional Wastewater Treatment Facility Reclaimed Water Pumping Station Upgrades, Bid #98-2812 Project 74024. ' In the amount of $795,000.00 16) Approval to provide assistance to Senior Craftsman Thomas Stiers concerning an issue with the Department of Business and Professional Regulation. In the amount of $1301.90 17) Approve Change Order No. 7 to NCRWTP 8-MGD Expansion, Bid No. 97-2690R, Project No. 70859/70828. In the amount of $112,456 18) Recommendation that the Board of County Commissioners approve and accept the terms and conditions of the U.S. Army Corps of Engineers Section 404 Permit No. 199602789 (IP-CC) and the Florida Department of Environmental Protection Consolidated Joint Coastal Permit, Sovereign Submerged Lands Authorization and Variance No. 0128463-001-JC, a Comprehensive Management Plan for the restoration and ongoing management of the Clam Bay System and to authorize Pelican Bay Services to sign the permits on behalf of Collier County. Res. 98-289 Added 19) Award County Bid No. 982830 to Zep construction, Inc. for construction of the new Airport-Pullin Road Bridge structure at Junction Immokalee road (Staff's Reqeust) Page 10 August 4, 1998 C. PUBLIC SERVICES 1) Approve budget amendment recognizing insurance claims. Move to Item 18C2 2) Authorize staff to proceed through the request for proposals (RFP) process to select an architectural firm to provide design services for a North Collier Regional Library to be located at the corner of Orange Blossom Drive and Airport Pulling Road. D. SUPPORT SERVICES 1) Approval of a First Amendment to Land Lease Agreement between Collier County and GTE Mobilnet of Tampa, Incorporated. 2) Authorization to enter into a contract for services with "Source Computing, Inc." for computer programming to make the existing utility billing system Year 2000 compliant. 3) Reject all proposals received by the Department of Revenue regarding solid waste and special assessment programs under RFP #98-2785; and further, to remain open for continued discussions with vendors for all the proposals received for utility billing programs under the same RFP. E. COUNTY ADMINISTRATOR 1) Abolish Taxing Districts No Longer Used. 2) Budget Amendment Report BA 98-325; 98-338; and 98-354 3) Recommendation to authorize the issuance of a request for proposals for selection of underwriters and to establish a net present value savings target of 7% in anticipation of refunding the Collier County Water/Sewer District Revenue Bonds, Series 1991. F. BOARD OF COUNTY COMMISSIONERS G. MIscRr,r JUNF_~US CORRESPONDENCE CONSTITUTIONAL OFFICERS 1) Recommendation to approve the use of confiscated trust funds to support a Crime Prevention Program and approve the related budget amendment by the Collier County Sheriff's Office. 2) Recommendation to approve the use of confiscated trust funds to purchase specialized equipment and approve the related budget Page 11 3) August 4, 1998 amendment by the Collier County Sheriff's Office. 4) Recommend that the Board of County Commissioners sign the Certification of Acceptance of the Subgrant Award for the Anti- Drug Abuse Grant #99-CJ-9M-09-21-01-003/Serious Habitual Offender Comprehensive Action Plan (SHOCAP) Program of $147,421. Recommend that the Board of County Commissioners sign the Certification of Acceptance of the Subgrant Award for the Anti- Drug Abuse Grant #99-CJ-9M-09-21-01-002/Street Gang Prevention and Apprehension Program of $59,224. I. COUNTY ATTORNEY J. A~R1K)RT AL~HORITY 17. SUMMARY AGENDA - AJ~L I~EMS ;tPPEA/~ UNDER THIS SECTION MUST ~ FOL~ ~I~: 1} A ~~TION FOR ~PRO~ ~OM ~; 2) ~OUS ~~ATI~ ~R ~~ BY ~ COLLI~ ~ ~ C~SSI~ OR ~ A~O~Z~ AG~CIES OF ~L ~~ ~ ~ ~~; 3} ~ ~~ OR O~ O~IONS · r~ I'r~ ~~ BY ST~, ~ CO~I~ CO~ P~~G CO~SSION, ~ A~O~Z~ AG~CIES OR ~ ~, PRIOR ~ ~ CO~C~ OF ~ ~C ~~ ON ~I~ ~ I~ ~ S~~ ~ BE ~; ~ 4) NO ~~~S ~ ~IS~ ~ SP~ IN OP~SITION I~. CONTINUED FROM THE MRRTING OF JULY 28~ 1998. Petition No. PUD- 81-4(5), Quarles and Brady representing the Wyndemere Property Owners Association, requesting an amendment to the Wyndemere Planned Unit Development District for the purpose of authorizing a permanent office building for the Wyndemere Property Owners Association and to amend the Master Plan to indicate the location for said offices in the Wyndemere PUD located on the east side of the planned Livingston Road right- of-way one half mile north of the Golden Gate Parkway, in Section 19, Township 49 South, Range 26 East, Collier County, Florida. Ord. 98-66 Petition No. PUD-88-10(2), Robert Duane of Hole, Montes & Associates, Inc. representing Gulf Coast National Bank, requesting a rezone from "PUD" Planned Unit Development and "RSF-3" Residential Single Family to "PUD" Planned Unit Development for purposes of updating the current Surrey Place PUD and expanding the area by an additional 0.46+ acres for property located on the south side of Immokalee Road lying east of Veterans Park Drive and west of the west limit of the Stonebridge PUD, in Section 26, Township 48 South, Range 25 Page 12 August 4, 1998 East. Ord. 98-67 Co Petition AV 98-027 to vacate two drainage easements and a County utility easement in "Dover Parc" according to the plat thereof recorded in Plat Book 22, Page 61, Public Records of Collier County, Florida. Res. 98-290 Do Petition AV 98-007 to disclaim, renounce and vacate the Public's interest in the remaining portion of a 60' wide and 30" wide road right-of-way, utility and drainage easement located in Section 25, Township 48 South, Range 25 East, Collier County, Florida. Res. 98-291 Petition AV 98-015 to disclaim, renounce and vacate the public's interest in a 15' wide parcel of land conveyed to Collier County as a road easement, lying adjacent to U.S. 41, as recorded in Official Record Book 1518, Pages 980 and 981 and being located in Section 21, Township 48 South, Range 25 East, Collier County, Florida. Res. 98-292 Petition NUA-98-1, Rayburn C. Cramer, requesting the alteration of a non-conforming hunting cabin in the conservation zoning district, by enlarging the existing structure, adding accessory structures and fencing, on property located within the Big Cypress National Preserve, Tract Number 670-83, further described as N 3/5 of W ~ of NE ~ of SE ~ of NW 1/4, in Section 12, Township 52 South, Range 32 East, Collier County, Florida. Res. 98-293 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO ~ COUNTY A]3MINISTRATOR'S OFFICE AT 774-8383. Page 13 AGENDA CHANGES__ BOARD OF COONTY CO_~.IISSIONERS' MEETING_ AUGUS. T 4~ 1998_ ADD: ITEM 8(D}(I)_ - APPROVAL OF AGREEMENT FOR AUDITING SERVICES (RFP 98-2794). (STAFF'S REQUESI). ADD: ITEM 16(B1(19} ~ AWARD COUNTY BID NO. 9S2830 TO ZEP CONSTRUCTION, INC FOR CONSTRUCTION OF THE NEW AIRPORT-PULLING ROAD BRIDGE STRVCTURE AT JUNCTION IMMOKALEE ROAD. (STAFF'S REQUEST). MOVE: ITEM 8(A)(6) TO 16(A)(213_- REQUEST TO GRANT FINAL ACCEPTANCE OF THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLA T OF "PARK PLA CE WEST". (STAFF'S REQUEST). CONTINUE: ITEM 15(B)(I2) TO 9/I/98 MEETINq- TO APPROVE THE TRANSFER OF PROPERTY FROM COLLIER COUNTY TO THI~ STATE OF FLORIDA TO SATISFY THE REQUIREMENTS OF PERMIT #11-00568-S. (COMMISSIONER NORRIS). RESOLUTION NO. 98-,, 29,4 A RESOLUTION NOMINATING THE IMMOKALEE COMMUNITY IN COLLIER COUNTY, FLORIDA, WHICH INCLUDES THE AREA tNDENTIFIED HEREIN FOR A FEDERAL GRANT KNOWN AS THE RURAL EMPOWERMENT ZONE DESIGNATION. WHEREAS. the Federal Government has enacted, the Empowerment Zone/Enterprise Community Initiative designed to give distressed communities an opportunity for economic growth and revitalization; and WHEREAS. the lmmokalee Community as identified in Exhibit I meets the rural criteria as outlined by the Federal guidelines and described in Exhibil II attached hereto and made a part hereof; and WHEREAS, the Immokalee Community developed a Strategic Plan and applied for this designation in 1994 and received designation as a Champion Community which provides federal technical assistance to the community; and WHEREAS. the Immokalee Community has continued to implement the Slrategic Plan and has maintained a broad-base of citizen participation since the development of the Plan: and WHEREAS. the Immokalee Community is refining Ihe 1994 Strategtc Plan through community participation to confirm the community's vision for the future and develop realistic goals and strategies to achieve those goals; and WHEREAS, the Community Foundation of Collier County, a non-profit organization dedicated to providing leadership and strengthening community development, will be the lead entity in the 1998 Empowerment Zone application and implementalmn o~' the new Strategic Plan; and WHEREAS. the Board of County Commissioners of Collier County supports the Immokalee Community's efforts in building a ten-year Strategic Plan for Immokalee and will be a participating entity in the implementation of the goals identified in the Strategic Plan; and NOW. THEREFORE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA, that: SECTION ONE: The Immokalee Community shall be recommended and nominated to be designated as a Rural Empowerment Zone to the U. S. Depadment of Agriculture and all eligibility criteria identified in Exhibit II have been met to qualify for this designation. SECTION TWO: This Resolution adopted after motion, second and majority vole. Done this '¢,~"~' day of~, 1998. ATTEST: DWIGHT C. BROCK, CLERK BOARD OF COUNTY CMMISSIONERS COLLIER COUNTY, FLORIDA APPROVED AS TO FORM AND LEGAL SUFFICIENCY Marjorie~. Student, Assistant County Attorney IMMOKAt. EE EMPOWERMENT ZONE BOUNDARY DETERMINATION MAP W(stErn Colll(r County Florida ,i LE;EN~ Pa. Rural Population Data Worksheet Duplicate this page if needed. Number the added pages IVa, IVb, e~c. lisa only one line per census tracVbloek [' numbering area. Enter the total number of census tract.qbloek numbering areas listed on all pages in the block I to the fight. Thc tracts in each parcel should be grouped separately below.. 3 I!z 1 2 State and Census FIPS Area (5-d*.~l) Tract 12021 ;112.03 12021 i I13 12021 114 3 4. Poverty 5. I.and Area 1990 Population1 Number Persoe~ in Poverty Excluded Net Area o! Area Tract (sq. miles) (sq. miles) Of Site. as applicable 6,756 6,111 3 117 Pe~cenl of Pe~ons Below ~ Pove~ 3,882 57Z 2,196 36Z ~ 35. lZ Total Land Area tn Census Tract (sq. n~les) 7.7 7.7 50.5 50.5 6 7 Code Check if lhls tract is ina Ct~Tent E¢ Eligibility Data for Each Parcel Parcel A j Parcel B Parcel C Numb~ of ce,-,sus tracts/blo~ nta-nbedng areas with i:x:werty tale(s) of 25% o~' ~eater. 3. ~ Numb~ of census a'ac~rolod( numbering ereas w~ poverty rate(s) of 20% ~ greater. Number of cereus tmctM~ ~ m. eas wflh a population of less than 2.000. Numb~ of census ttacts/lolock numbedng areas with no populatk~. 3 o T foem R025-! (4/98) pan w: Rural Population Data Worksheet Instructions 8m4 3 GENERAL INSTRUCTIONS · Census tracts are the basic building blocks of Empowerment Zone applicant areas. The first step to take is to identify the census tracts that arc to be included in thc nominated area. (In the case of Alaska and Hawaii. block groups may be used instead of census tracts; in places where census tracts are not delineated, block numbering areas are to be u.,,ed.) · The nominated area may have one continuous boundary (one parcel) or consist of up to three noncontiguous parcels, each of which has a continuous boundary. · A parcel may be eligible for inclusion in a nominated area on the basis of either (1) poverty rate or (2) emigration. Adjacent census tracts that share a common, continuous outer boundary are considered a single parcel for thc puqx~s of file maximum cap of 3 noncontiguous parcels. · Within any single State. up to three separate parcels may be included in a nominated area; however, multiple State applica- tions must consist of only a single parcel. Nominated rural areas may straddle up to three States. Rules for Eligibility of Census Tracts A parcel ma)' be eligible for inclusion in a nominated area on the basis of either povcrl>' rate or emigration criteria; where a nominated area consists of more titan one parcel, one parcel ma)' qualify under poverty rate while another qual,fies under emigration. ~ch separate parcel must. however, demonstrate pervasive poverty, unemployment, and general distress. Fractional Percentages: The Rural Population Data Worksheet is used to demonstrate eligibility of the nominated area. Fractional percentages of one-half or more must be rounded up to the next whole number. For example, if a nominated area has 44 census tracts/block numbering areas, then 40 census tract.qblock numbering areas (90% X 44=39.6) mu~t have a poverty rate of 25 percent or higher. Acceptable Data Sources: Tile 1990 Census data specified arc the only data source acceptable {,) I.I,SI)A. All dat:! arc for census tracts or block numbering areas, except in the care of nomination; from Alas;I.:a and I[awaii. which may use block groups. Boundaries: The gross nominated area must include full census tracts or block numbering areas. Census tracts and block numbering areas cannot be split. Nominated area boundaries must follow census tract and block numbering area boundaries, except where excess mileage or governmentally owned land is excluded or where a developable site is the only area nominated in a given census tract. The boundary for an Indian reservation may bc used for reservations equal to or less than 1,000 square miles. Nominated areas that are wholly within a larger reservation are not required to adhere to census tract boundaries if sufficient credible data are available to show compliance with the other requirements. Data Form: The Rural Population Data Worksheet will accommodate up to three (3) noncontiguous parcels. If tile nominated area consists of only one parcel with a continuous boundary, all of the information should be included in the section identified for Parcel A. Poverty Rate Parcels for which the poverty rate test is used to determine eligibility must consist of census tracts: (a) all of which have a 1990 poverty rate of not less than 20 percent; and (b) 90 percent of which have a 1990 poverty rate of not less than 25 percent. Iotrn RD25.-1 (4/98) 6 For thc purposes of this test, parcels containing six, seven, eight, or nine census tracts may includc one census tract with a poverty rate of not less than 20 percent. Those census tracts in parcels containing fcwcr than six census tracLs must demonstrate a poverty rate of not less than 25 percent. A nominated area in Alaska or Hawaii is dcemcd to me. ct the distress, a'ca, and poverty rate criteria if for each tract or block group at least 20 percent of the families within it have an income that is 50 Percent or less than thc statewide median family income. Note: the population limit and other requirements still apply. Emigrat/on Parcels for which the emigration rate is used to determine eligibility must consist of any census u'acts located in a county that had a net population outmigration of not less than 15 Percent between 1980 and 1994. Plea.,,c refer to thc list of these countics. which was published in the Ftderal Rtgixttr by USDA with the Notice Inviting Applications. Popular~on Thc maximum population size for the nominated rural Empowerment Zone is 30.000. There arc no separate Icsts for thc population size of individual parcels. Land A rea Thc maximum size of thc land area included within thc nominated arcs is 1.000 .,square miles llowc:-er, special cxcepd~ns apply in certain instances: · Single census tracts larger than 1.000 square miles. A census Iract larger than I.OC~J square miles shall be reduced to a l.O00-squarc-milc area with a continuous boundary, if necessary, after giving affect to th~ exclu,,ion of governmentally owned land and such developable sites as may be proposed for the nominated area · Census tracts that include significant government..owned land area. Where a censu~ tract mclu,tes a substantial amount of land owned by the Federal, State. or local government, the governmentally owned land may t,~ excluded Io determine the square mileage to be included in thc nominated area. · l,:.dian reservations larger than 1,000 square miles. Indian reservations larger than 1.000 square miles may nominate an area within thc reservation no~ greater than 1,000 square miles. " Developable sites. A nominated area may include up to three noncontiguous sites, in thc aggregate not exceeding 2.000 acres, where thc site may be developed for commercial or industrial purposes. This acreage is allowed in addition to the 1,000-square-mile limitation and need not conform to existing census I/act boundaries nor be within or contiguous to a census tract otherwise nominated to be included in the nominated area. The developable sites may be excluded from the nominated area (or a specific parcel) for purposes of determining whether the nominated area meets the poverty rate test. · Alaska ,,nd llawaii. In the event that nominated areas arc qualified using median family income, the median family income alone satisfies thc area requirement and no additional area requirement applies. COLUMN INSTRUCTIONS The Rural Population Data Worksheet is divided into three sections (A, B, and C). List census tracts by parcels, providing tl~c following information for each census tract: Source Materials: 1990 Census Tracts/Block Numbering Areas Outline Maps The 1990 census maps may be ordered by calling the U.S. Bureau of the Census at 301--457-4100 to obtain the 1990 CPH-3 Printed Reports and Maps Order Form. LI~ the form to order census tract/block numbering area outline maps for States or metropolitan areas. State data centers or a local library may already have the CPH-3 aeries and maps. form RD25.-1 (4/98) ~ ~ Certifications 8 A3 · f ~meor~. ~lor£da Dept of Co.unity Affairs ~l:~a~: '~ X Ill& fIRST ^M .NDM .NT'rO vO0msM XGREEMEm' ETWEEN COLLIER COUNTY AND THE CITY OF EVERGLADES REGARDING EVERGLADES NATIONAL PARK REDEDICATION THIS FIRST AMENDMENT TO AGREEMENT, is made and entered into this a//Z~ . day of -~ 1998, by and between The City of Everglades. hereinafter referred to as "GRANTEE" and Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY." RECITALS WHEREAS, the GRANTEE and thc COUNTY entered into a 1997 Tourism Agreement dated November 4, 1997 (the "Tourism Agreement") in the amount ors 148,800.00; and WHEREAS, the GRANTEE desires to amend the line item budget attached as Exhibit "A" to the Tourism Ageement; and WHEREAS. the GRANTEE and the COUNTY desire to amend the Tourism Agreement. WITNESSETH: NOW, TtfEREFORE, BASED ON THE MUTUAL COVENANTS HEREIN AND OTHER VALUABLE CONSIDERATION, IT IS MUTUALLY AGREED AS FOLLOWS: I. Exhibit "A" to the Tourism Agreement shall be deleted in its entirety and replaced with the new Exhibit "A" attached to this amendment. 2. Except as set forth herein, all ofthe terms and provisions ofthe Tourism Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the GRANTEE and COUNTY have each respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. DATED: .~.3 Y[' BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA ~;gn~ture WITNESSES: ~artha Daniels Printed/Typed Name (2) - . Dorothy K. Joiner PrinIcd,Typcd N'~mc GRANTEE City of Everglades By:~...~ Q------- Sammy Hamilton, Jr.. Mayor Approved as to form and legal sufficicncv He~dt F. Ashton Assistant County Attorney (corporate seal) ('oilier County Tourist Development Council Grant - Everglades ('it>' BUDGET SUMMARY/MARKETING PLAN/EXHIBIT A-REVISED 8 ADVERTISING $72,600 $105,100 Radio Advertising Miami, Orlando. Tampa/St. Petersburg November 3, 1997 - January 30, 1998 Miami. Orlando. Tampa/St. Petersburg May 1, 1998 -August 14, 1998 Radio Advertisement Production :30 second: :60 second spots Newspaper Advertising Miami, Orlando, Tampa/St. Petersburg November 3. 1997 - January 30, 1998 Miami. Orlando. Tampa/St. Petersburg May 1. 1998-August 14. 1998 Newspaper Advertisement Production % page: !': page Magazine (Florida JoumaPLTU) Advertising/Editorial JanuaD' 1998 April 1998 Jul.,,' 1998 Magazine Advertisement Production '..5 page Billboard Advertising (51,000) TV Advertising. Production ($5,000) ADVERTISING AGENCY EXPENDITURES $0 $0 BROCHURE $35,700 $35,700 Brochure Design Brochure Printing (5.000) English Brochure Printing (5.000) German Brochure Postage (5,000 ~ $1.24) U.S. Brochure Postage (5.000 (?j $3.30) German WEBSITE ADDRESS Website address registration/connection $I,000 Sl,000 TOLl. FREE Pt tONE Line (1-800-Preserve) Installation Professional Ful fillment/ltandling (5,000 ~ $1.50 each) Professional Fulfillm,:nt/ltandling (5,000 ~ $3.30 each) $24,500 S7,000 CNN LINE FEED $15,000 $0 TOTAL S148,800 $148,800 tWIN IA¢il ! ~ ',t'A 1 t:1,~ ,~ ',V %~ll- V,.'^IFRI IIIIIY F~(IIIIII:~,F^SI:MI:Xl 2356849 OR: 2449 PG: 2438 HCOIIDID in O??~ClAL RI¢O~D$ of CO~LII~ CO~I~, ~L ,~ 1. The effective date of this eissement is the //';"/day.. of :' , ,.,,.--.~' ,'" , 1998. This easement is conveyed by COLLIER COUNTY, a politi'"-'~l subdivisio~ ~e of Florida, ("GRANTOR") to ORANGETREE UTILITY COMPANY, a Florida Corporation, ("GRANTEE"). To the greatest extent allowed by law, GRANTOR hereby conveys to GRANTEE, and successors and/or assigns of GRANTEE corporation, a non-exclusive easement for GRANTEE'S water and wastewater facilities to be constructed, used and maintained within the easement area under the public road-rights-of-way known as ti) part of Oil Well Road. (ii) part of County Road 846, (iii) 33''~ Avenue Northwest of Unit 36 of Golden Gate Estates. and (iv) 33'~ Avenue Northwest of Unit 37 of Golden Gate Estates, all being in parts of Section 14, 15, 16 and 23, Township 48 South, Range 27 East, unincorporated Collier County. The legal description of the easement is on attached Exhibit 'A". No part of the easement area is within any boundary of any municipal corporation. If a court should ever determine that GRANTOR lacked full authority to convey this easement to GRANTEE as intended, than this deed shall be deemed to convey to GRANTEE, to the greatest extent allowed by law, a license coupled with an interest GRANTEE shall record this easement in the public records of Collier County. 2. If GRANTEE fails within four hundred (400) days from this easement's effective date, to commence to physically install tho subject water and wastewater facilities in the easement and under the road righbof-way, then this easement shall automatically terminate and GRANTEE shall, at no cost to GRANTOR. record in the public records of Colper County a quA-claim deed to GRANTOR, which shall acknov/Iedge such termination. This easement shall also terminate automatically when GRANTOR becomes owner of these utility facilities, al which time GRANTOR will record its ownership thereof in the public records of Collier County. Otherwise, the duration of this easement shall be for so long as the road remains a road ri§hr-of*way and any of the subject utility facilities remain in the easemenl area and under that road right-of-way. 3 GRANTEE has paid GRANTOR Ten OoIlars ($10.00) for th,S easemer~t and GRANTEE also agrees for itself, and all successors and/or assigns of GRANTEE corporation (1) to maintain lhe utility facilities and this easement and not unreasonably interfere at any lime w~th any lawful use of ;h~. right-of- way, including any other party Granted access to any of the property over which this easement exists. GRANTEE will at all times restore Ihe road and ~mmediately surrounding area to as good condition as existed prior to conslruction/installation, maintenance and/or repair of any of these utility facilities; and (2) at no cost to GRANTOR, to relocate any and all such facilities as may from time-to-time be requested by GRANTOR to facilitate repairing, relocating, realigning and/or widening the road right-of-way. GRANTEE, aad its successors and assigns, shall indemnify, save, protect and hold GRANTOR harmless against any loss, damage, injury, expense or debt (including attorney°s fees) claimed or asserted against GRANTOR by any person(s), entity or entities, arising out of GRANTEE'S installation, use, maintenance and/or presence of any of these utility facilities. This indemnification shall not be extinguished by termination of this easement, but shall remain until the longest relevant statutes of limitations has run out. THE COUNTY OF COLLIER authorizes this EASEMENT to be created in its name by action of its Board of County Commissioners, to be signed by ils Chairman and be delivered to GRANTEE. ATTEST: DWIGHT E. BROCK, Clerk By:~ Approved as to ~-orm ana Legal Sufficiency ! Thomas C. Palmer Assistant County Attorney Tvan Eagles Water and Wastewater Facilities Easement in pubhc road right-of-way BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA BY:~ ~ DESCP, IFrlOH OE~te Wsi~' ~ $~ cen~ OR: 2419 PG: 2439 All of 33 I{D A',~.. Northw~ b Unl% 36 of Golden Gat: E,~t~ ts r~,ordod in Pla Book 7, Pa~e i~7 of'thc ~bli~ rb~rds ofCoillcr C~,mt3r', Florida, ~ ,Mi 0£33 RID Avg, l',forthwesi k,i Unit 37 of Golden ~ F. staxes a.s _recorded in PI~ Book 7, Prise S9 oftl-~ public r~.o~s of Collier County, Florida, ~ That poaion of Coun~ Ro~1846 ~ betweea it~e Hocth Right of Wry of uid 33 P.D Ave. Northwest extended to tl~ Fast lt;~n of Way ot'Cotm~ Roag ~46 and the exie~/on ofthe South Righi of Wzy of Oil Welt Road extended to rite West ~!~! of W~ of Coonty lamd 8~6, AND T~ poction of Oil Well P. oad beginnin~ ~t 0~e E~ ~Sht ofW~y of~ ~ ~46 and {:xieacih~ 4660.00 feet Easterly, gl ~ in ang · part of S__,x~_'ons 14, 15, 16 ~ 2:1 dTownggp South., l~so z7 East, Collie- ~ Florida. / WHliam C. MaAzdy, P.$ 3~L ; EXHIBIT "~" PAGE I of 2 "* OR: 219 PG: 2440 I PAGE 2 of 2 This instrument ,.'as prepared R. Bruce Anderson. Esq. Young. van ~,sscnderp & Vam.',doe. ~0[ Laurel Oak Drive, .State 300 Naples. Florida 3410g ~941) 597-2814 2356103 OR: 2449 PG: 0430 ~C tH 51.00 IIDIlll~ 2.00 COHIS il.00 THIS :",GREEMENT is made and entered into this/-j.~O~?day of {'~:3,.3',~ , 1998, by and between ROBERTO BOLLT as successor trustee by virtue of the land trust agreement recorded at O.R. Book 1347, Page 2331 of the Public Records of Collier County. Florida, for Orangetree Associates ("Associates") nnd ORA~NGETREE UTILITY COMP,.-~NY ("Utility'). TWINEAGLES DEVELOPMENT COMPANY LTD. CTwinEagles"), a Florida limited partnership and the BOARD OF COL~TY COM3,IISSIONERS OF COLLIER COUNTY THE GOVERNENG BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COL.'NTY WATER-SEWER DISTRICT ("County"). RECITALS WHEREAS. tbr the purpose of this Agreement, the term "Associates" represents and warrants that it is an owner and developer of a portion of the property in the Orangetree PUD as approved by Collier County Ordinance No. 87-13; and the term "Utility," is a Florida corporation that is licensed to provide water and sewer service to the property owned by "Associates"; the term "TwinEagles" is a Florida limited partnership that is the owner of property to be developed as a residential community, the legal description of which is attached hereto and incorporated by referenced herein as Exhibit "A": and the term "County" is the Board of County Commissioners of Collier County the Governing Body of Collier County and as Ex-Officio the Governing Board of the Collier County Water-Sewer District; and WHEREAS, Utility and County are subject to that certain agreement dated May 28. 1991 and recorded in O.R. Book 1623, Page 1539 and that amendment to the agreement dated May 14. 1996 and recorded in O.R. Book 2183. Page 1517, all of the OR: 2449 PG: 0431 Public Records or' Collier County, as well as Collier Count.,,' Ordinances Nos. 87-13F 8 ~ and 91-~3: and WHEREAS. TwinEagles has requested that Utility provide water and sewer service to Tv,'inEagles' property, and Utility is capable and willing to expand its treatment facilities to provide such service upon the written co.,'aent of the County; and WHEREAS. 'I'winEagles will construct THOSE water and sewer facilities necessary within its development and to connect its development to the Utility's treatment plants or existing facilities and dedicate those facilities to Utility; and WHEREAS, TwinEagles will provide the Utility all necessary easements and permits for maintenance and operation of the water and sewer facilities; and WHEREAS. TwinEagles will pay to the Utilit.v all deposits, charges and fees as required by the Utility's tariffs on file with the Collier Count)' Office of Utility Regulation: and WHEREAS. County is willing to consent to Utility providing the subject water and wastewater service to TwinEagles' property., which is outside of the Utility's certificated area. WITNESSETH: NOW, THEREFORE, the parties agree as follows: 'I'he above Recitals are true and correct. The Agreement and Amendment to Agreement referenced in the Recitals by and among Associates. Utility., and County are hereby reaffirmed in all respects except as follows: Section 14 is amended to read as follows to grant a one year extension to that Agreement: FORBEAI%-\NCE BY COUNTY. At the request of the Developer the County hereby agrees and covenants to forbear making any formal request to serve the Project and TwinEagles property with water or sewer related utilities, either through assuming the operation of the on-site facilities or by causing the connection to the County's off-site facilities until at least 2012 (being a one year extension to the prior Agreement) and Amendment. Thereafter. the County OR: 2449 PG: 0432 shall give one years' advance notice to the Utility. of its formal request to provide or assume utilities services to the Project and TwinEagles property. 'Fhe County shall provide said utilities services to Project at the same time that County utilities services are provided to TwinEagles property. The Utility a~ees to complete, by December 1. 1998. construction of an expansion of its wastewater treatment capacity to not less than 200,000 gallons per day. and is hereby authorized to provide water and sewer service to the TwinF..agles property as the boundaries thereof are described in Exhibit "A" hereto, utilizing the public rights of way that are described in the attached Exhibit ~B". This Agreement authorizes execution of those easements and delivery of those documents to the Utility. County hereby grants ~o The Utility terminable water and sewer utility easements along the public road right-of-way route described in Exhibit "B". Said water and sewer (wastewater) utility easements shall be terminable by the County when the County provides water and sewer services to the TwinEagles development and the easements shall be substantially in the form attached as Exhibit "C". Provision of all such service by Utility to the TwinEagles property shall be subject to all the terms and conditions of the Agreement and Amendment to Agreement referenced in the Recitals, as further amended by this Second Amendment to Agreement and subject to TwinEagles entering into a Developer's Agreement with Utility that does not conflict in any way with the terms of the Agreement. as now amended. TwinEagles acknowledges that upon disconnection of its development from the Utility's interim facilities and connection to the off-site treatment and transmission facilities operated and maintained by the County that all owners of existing properties or properties otherwise characterized as Water or Sewer Impact Development shall be subject to the imposition of Collier County Water-Sewer District ("CCWSD") either water and/or sewer impact fee(s) as may be applicable. TwinEagles shall notify all owners of property within its development of this potential obligation by placing specific written notice of same in the restrictive covenants to be recorded for the development. OR: 2449 PG: 0433 TwinEagles is a signatory to this Second Amendment to Agreement for the sole purpose of evidencing its request for service from Utility and to bind itself and its successors and assigns to its obligations under this Second Amendment to Agreement. The Agreement between Associates, Utility and County dated May 28. 1991 and the Amendment to that Agreement dated May 15, 1996, are hereby reaffirmed to the extent that they do not conflict with this Second Amendment to Agreement. This Second Amendment to Agreement shall be recorded by the County in the Public Records of Collier County. IN WITNESS WHEREOF. the parties hereto have executed this agreement thisLtjt't't't't't't't't't-~''- day of l:' q" . 1998. WITNESSES: Signature Printe~ Name Sigha6.r.e _o Printed Name ORANGE~E UTILITY COMPAN'Y. a Florida Corporation 4'. By: .... ./<,-'"~ '-' Signature , Printed Nam~ Title STATE OF FLORIDA COU%'TY OF COLLIER r-, The foregoing instrumemxwas acknowl~.. _ before me this ~ day of · ,~--~-~...:Cx_:.; ,<4~c, , lOOS. by ~t"<,~4'~U> ~"~,C,Nk"~- ,as ~>c ~' ,k C~-"<'.,V .. of Orangetree Utility Company, a Florida corporation on behalf of the corporation who is _5,~ personally known to me, or ~ who has .as identification. Signature of Notary (_'cc:', \ F?~iffd Name of Nott,-y Notary Public - State of Florida OR: 2449 PG: 0434' 8tt2 Commission No.' ROBERTO BOLLT. as Trustee for Orangetree ^sso~iates Signature ~ , Printed Name Title STATE OF FLORIDA COL.'NTY OF COLLIER ~.,.~oThe foreeoine instm~n~tit-,was acknowledged before me this L-\'~-'day of Orangetr(e ~s~ia[es on behalf of ~e Trust who is ~rso~lly ~own to me. or. who has pr~uced . ~ identification. '¢'¥'Y'~:~ u~m~ ~ ~ __ /~_ ~. ~, Nom~ ~blic - State of Florida Co~ssion No.: / Signature %~., ! 'ti,' Printed Name Signauarre Printed Name TWLNEAGLES DEVELOPMENT COMPANY, LTD., a Florida limited partnership Pt~'m:d Name Title OR: 2449 PG: 0435 STATE OF FLORIDA COL.'NTY OF COLLIER The foregoing instrument was acknowledged before me this ,,., day of " 1998. by %.,.,,,~., ik :' ; as ". ,. - of TwinEagles Development Company. Ltd., a Florida limited partnership who is ,. perso_na_l_ly__kng.wn to me, or ~ who has produced as identification. / signature ot motary Public/ ?rimed Name o[ Notary Commission No.: ,.,., :; ~ t 3 "ATTEST: Dwight E. Brock, Clerk "--' Bv >,d'.:- ~ ty Clerk'" tr'~n'~ signature Approved as to form and legal sufficiency._ , qS., Thomas C. Palmer Assistant County Attorney BOARD OF COUNTY COMMISSIONEI~"'. OF COLLIER COUNTY, FLORIDA, AS GOVERNING BODY OF THE COLLIER COb%'TY AND AS EX-OFFICIO TI{E GOVERNING BOARD OF TIlE COLLIER COUNTY WATER-SEWER DISTRICT B~RB'AR~-B.'I~ERf2~' CH~ TWINEAGLES OR' 2449 PG: 0436 Soaim 20, Town.9~ 48 Sou-th, ~ 27 Faust k:~ an4 ~:,:~ th~ ~ I00 ~ ~ ~ ~ ~~ The N~ ,A o~ f~: S~ %4 ofth: N~ ~4 AND ' EXHIBIT "A" PAGE 1 of 2 OR: 2449 PG: 0437 EXHIBIT "A" PAGE 2 of 2 TOTI::t P. 83 TWINF~ LEGAL D£SCRIFrlON W~t~r .nd Sewer Conv~ Knutc OR: 2449 PG: 0438 8B2 Ail 0£33 KD Av~. Nocthw~t in Ur~t 36 ofGolde~ C~t~ ~te~ S7 of thc txiblk r~cords of Collier County, Florida, AND All of 33 KD Ave, Northwest in Unk 37 of GoMe~ C-ate F~ates as recorded in Pla Book 7, Pase 89 of thc public reCOrds of Colllcr County, Florida, AND Thst portion of County Ro~l 846 lyin~ be~eea the North P, ight of Wty of said 33 RD Ave. Northwest extended to the F.~ l~;ght of Way of Count7 Ro~ 846 mad th~ extension ortho South Kilt of Way of Oil Well Rn~l ~ to th~ West Right of Wry of Cottm~ Puaad 846, AND That poctioa of Oil We. Il P, oad bcgiming g the Fast Right ofW~,/of Camry P,o~1846 ~I extending 4660.00 feet Easterb/, ~II lying in sxzl s pm of Sections 14, 15, 16 ~ad 23 of Townshlp 48 South, P.~nge 27 Etat, Collier Oaumy Florid&. EXtllBIT "B" PAGE 1 of 2 EXMIB IT "B" PAGE 2 of 2 w^ r1~R t,'I'ILITY I; ~C~L!TI£5 *** OR: 2449 PG: 0440 *** I The effectr~e date of ~s easement *S the -- clay of ~. 1998 This easement ~s conveyed by COLLIF,R COUNTY, a Cx:gibCal sulxInns~ot~ of I~e Stale of FIor~a. ('GRANTOR') to ORANGETREE UTILITY COMPANY. a Florida ~abon. ('GRANTEE'). To ~ greatest ex-',ent a~owed by law. GRANTOR l',~'eby conveys to GRANTEE. and successom am:l/ot ass~ns of GR. AJ'~TEE coq"p<:x-at~'~, a no~-exCtusrve easement fo~ GRANTEE'S watee and wastewater fec~ities to 5e constructed, used and maintained w~n I/~e easemenl area und~ I~e l:)ul~ic ro~l-nghts-of.way known as (i} part of Od Well Road. (ii) part of Cc,.~ty Road 846, (J) 33'e Avenue Nortttwe~l of Unit 36 of Golden Gate Estates. and (iv) 33'~ Avenue Nor'J'n~e$1 of Unit 37 of' Golden Gale Estate,~. all being in [)arts Of SecUon 14, 1,5, 16 and 23. Townsh~3 48 ,South. Range 27 East. urm'K:oqx~ated Coaie~ County. The legal descnot~ot~ of ~e easement rs On attached Ext~bit 'A'. No ~ of ~ easemen! area is wcd~in any boundary of any mun~pal coq:x~at~:~n. If a COUrt should eve~ deter'mine I~ha! GRANTOR lacked full authon~'! to convey m~s easement to GRANTEE as ~ntended. I~',,an ~rs ~eed shall be deemed to convey to GP, AJ',ITEE. to the greatest extent a. owed by law. a license coupled wC, h a~ ~nterest. GRANTEE shall r e~-,r~C th~-, e3,';cment ~n the pubtic records of Co~lier County. 2. ~m~ecc~ to r~c ackno~ge su~ te~rnat~. ~ eas~nt ~R ~so t~te a~t~ ~en G~TOR :e~mes ~u~l~ r~s o[ Colber Count. O~ec~rse. ~e dura~ of ~rs ease~nt shall ~ f~ so I~g as ~e ro~ remains a rcaC ~t~[-way and any Of ~e subj~ utility ~i~s re~ m ~e ease~nl area and u~er that r~C 3 GR.,,~TEE has pa~d GRANTOR Ten Dollars ($~QO0) lot ~r~s ~cr ;~ed. a~ all s~ss~s fac:lines and thss ~se~nl and ~t unreas~aD~ way. ~ndud~ng any o~e~ pa~ grant~ ~SS tO ~y ~ ~ ~ ~ ~h ~ ~t ex~ts. G~TEE w~ll al all times reside ex~st~ p~ to ~s~s~. ~le~ ~ t~ ~ ~ ~ ~ ~ ~; ~ (2) at no ~ to G~TO~ to r~te a~ ~ su~ss~s a~ ass~ns, sh~ ~, ~y any ~cson(s). en~ ~ envies. =re~e~ of any ol ~ese u~W f~ms. ~zs ease~nt. ~ut s~all remain un~ THE COUNTY OF COLLIER authorizes this EASEMENT to be created in its name by ac'Jon ~f ~ts Board of Count' Commissioners. I0 be s~ned by its Chairman and be delivered to GRANTEE ATTEST: DWIGHT E. BROCK. Clerk BOARD OF COUNTY COMMISSIONERS. COLLIER COUNTY. FLORIDA By: BY: Oeputy C:erk BARBARA B. BERRY. Chairman ADproved as to Form and Legal Suff'~ciency / Thomas C. Palmer Assistant County AL1omey EXItIBIT C I ESOI.UTION NO. OS-,,,,, A I,',ESOI.UTION OF COI.I.IER COUNTY, FLORIDA, PURSUANT TO SECTION i- 18.1 AND 1-18.7 OF COI.LIER COUNTY ORDINANCE NO. 96-6, AS AMENDED, EXERCISING TIlE BOARD OF COMMISSIONERS POWER TO INTERVENE AND ASSUME JURISDICTION OVER ANY MATTER PERTAINING TO PRIVATE NONEXEMPT WATER AND r WASTEWATER UTILITIES UNDER TIlE REGULATORY JURISDICTION OF Tile COLLIER COUNTY WATER AND WAS'FEWATER AUTIIORITY, EXERCISING TIlE BOARD'S AUTilORITY TO ENTER INTO AGREEMENTS WITii PRIVATE UTILITIES FOR ANY PURPOSE: APPROVING ORANGETREE UTil,iTY COMPANY AS WATER AND WASTEWATER SERVICE PURVEYOR FOR TWIN EAGI,ES DEVEI,OPMENT. UNDER 'FILE TER.M$ OF SECOND AMENDMENT TO AGREEMENT BETWEEN ORANGE'FREE UTII,ITY COMPANY AND COLLIER COUNTY BOARD OF COM.MISSIONERS AS TIlE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO TIlE GOVERNING BOARD FOR TIlE COI,LIER COUNTY WATER- SEWER DISTRICT. \VI IEREAS. ('oilier Cotmty Resolution No. 96-1(}4. excluded ('oilier ('ounty from the provisions of ('haptcr 367. Florida Slatuics, Ihcrcby assuming spccificd subject matter jurisdiction over all non-exempt water and waslev,'ater utilities operating in unincorporated areas of Collier ('ounty; and WIIEREAS. (.'oilier County Ordinance No. 96-6, as amended, established the Collier Cmmlv \Vater and \Vastcx,,.ater Authority IAUTHORITY} with specific powers and duties; and WItEREAS. Scction 1-18.1 and Scclion 1-18.7ofCollicr('mmty OrdinanccNo. as amended, amhorizcs this Board of Commissioners (BOARD) to intcn'cnc and assume jurisdiction over any action before that AUTHORITY; and \VllEREAS, the BOARD as the governing body of Collier County, Florida, and Ex- Officio thc Governing Board of Ibc Collier County Water-Server District is a parly to First Amcndmcnl m ..\grcement between Orangetree Ulility Company (L'TII.ITY1 and Collier County; WIIEREAS. UTILITY is the holder of Water Certificate No. 02W and Wastewater Certificate No. 04S. issued by the BOARD on October 15, 1996; and WIIERi-;:'~S, TwinEagles Development Company, LID (DEVELOPER) is dcvclopinff. an area that is outside of the UTI LITY'S ccrtificated area: and WIII.:REAS, DEVELOPER bas requested water and wastewater service from UTII.ITY to the area to be developed; and WllEREAS, UTILITY desires to provide the requested water and wastewatcr sen'ice to DE ELOPER; and 8 B24. WIIEREAS, pursuant to Section 1-21 of Ordinance No. 964), as amcndcd, when considering a decision whether a private utility may extend sca'icc outside oFits certificated area. BOARD has considered whether: 1. Thc application ~or such sc~icc is made in s~d ~ailh. 2. Whether thc UTILITY has su~cicnt rc~urccs to provide sca'icc to sclc thc extended area. 3. Whether the Utility system h~ su~cicnt utility capacity to scm'c Ire proposed area as requested. 4. Whether such sca'icc will prot~t thc public hcalfl~, safely and welfare. ~. Whether thc ~pplicalion conflicts with thc Coumy's I~al comprehensive plan, includin~ capit~l improvement clcmcnts; and WItEREAS, thc proposed Second Amendment to Agreement Between UTILITY and COUNTY. inco~oratcd herein as Attachment "A", extends the Ic~inafion date of said a~rccmcnt one ~1) year, ~mm 2011 ~o 2012, and authofizm ~ILITY ~o provide specJfi~ qunntitics of ~ater and wastcwalcr sc~'icc Io thc DEVELOPER in an area thai is nutsidc of Iht t?F1LI'F'~"S ccn ilicalcd area. N()W. TIlEREFORE, BE IT RESOI.VED BY TIlE COMMISSIONERS OF COI,LIER COUNTY, FLORIDA, that: I. 2. BOARD OF COUNTY This application for scr~'ice has been made in good faith. That upon payment to the UTILITY of Service Availability Charges as authorized by thc UTILITY'S filed tariffs, the UTILITY will have sufficient monetary resources to provide Ihe requested serxice to serve the DEVELOPER'S requested needs. Tile UTILII'Y'S system will as of Dcccmbcr I. 1998. have sufficient utility capacity to serve the DEVELOPER'S proposed area as requested. Thc requested service will protect the public health, safety and welfare. The application does not conflict with thc County's local comprehensive plan, including capital improvement clcmcnls. The Second Amendment to Agreement between UTILITY and COUNTY attached hereto as Attachment '¥V' is approved. This Resolution adopted after motion, second and majority vote favoring same this q'Tg day of ATTEST: DWIGHT E. BROCK, Clerk D6puty~l}rk Approved as t~m~ ~ngn iff. legal ~ciency:~ / BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA Thomas C. Palmer, Assistant County Attorney TO: FRObl: DATE: SUB.IECT: Collier County Board of County Commissioners Barbara []err)', Chair John Norris. Vice Chair Tim Constantine Tim t lancock l'am Mac'kie Florida Wildlife Federation ('oilier County Audubon Society July 31. 1998 TwinEagles and Orange Tree Utility Company August 4, 1998, Agenda Items: 8B(2) and Item 16A( i 6) The Florida Wildlife Federation and Collier County Audubon Society are opposed to any agreement between TwinEaglcs and Orange Tree Utility Company that will provide TwinEagles with central water and sewer. We object on the following grounds. 1. Thc Growth Management l'lan Golden Gate Area Master [;lan prohibits, by reference, Orange Trec Utility Company from providing services beyond the Settlement Area District. (Attachments I and 2) The C, oldcn Gate Area Master Plan states: "Agricultural/Rural- Selth'ment Area District... consists of Sections 13,14, 23 and 24, Townsh¢ 48 S~uth, Range 27 East (the former North Golden Gate SubdivisiotO, which w~ zoned and platted between 1967 and 1970. h~ settlement t~a [alixttil pertaining to the permitted ~es of this proper~, this properO, has been 'vested '.fi~r the uses specked ht that certain 'PUD' by Settlement zoning granted hy the CounO' as referenced bt that certain SETTLEMENT AND ZONING AGREEMENT dated the 2~~ daf of Janua~,, 1986. By designation in the Growth Management Plan and the Golden Gate Area Master Plan as Settlement Area, the Plan recognized the properO, as an area which is outside t~the Urban Designation and which is current(v fiir removedJkom supportive services and facilities...Ps existence will have no l~recedenlial value or t~fi'cl so fitr asjust~ing similar ttses on surrounding or a4/ac'ent [;rol;c, rO,." (Emphasis added) 2. Thc Growth Management Plan Public Facilities Element, Sanitary Sewer Subclcment. prohibits central sanitary sewer systems beyond the urban service area. Policy 1.5. I. states: "Discourage urban sprawl by pe~wfftting central sanitary sewer ,~ystems on(v in the Designated Urban Area tribe Future Land Use Element of this Plan, and in arett.v where the C'otmo, ]las legal commitments to provide facilities and service otllsit& the Urban/lrea as qf the &tie qf adoption of this Plan." ~ EXHIBIT Page 2 Policy 1.5.2 states: "The County will discourage urban sprawl and the proliferation of private sector and/or package sanitary sewer treatment systems through the development order approval process to insure maximum utilization of the existing and planned facilities. No existing private sector or package treatment systems will be permitted to add customers unless all Levels of Service Standarclx are met, and operations are in cotformance with all DER permits." 3. The Growth Management Plan Public Facilities Element, Potable Water Subelement, prohibits central water systems beyond the urban service area. Policy 1.5. I. states: "Discourage urban sprawl by permitting central potable water systems only in the Designated Urban Area of the Future Land Use Element of this Plan, and in areas where the County has legal commitments to provide facilities and service outside the Urban Area as of the date of adoption of this Plan." Policy 1.5.2 states: "The County will discourage urban sprawl and the proliferation of private sector and/or package potable water treatment systems through the development order approval process to insure maximum utilization of the existing and planned facilities. No existing private sector or potable water treatment systems will be permitted to add customers unless all Levels of Service Standards are met, and operations are in conformance with all DER permits." 4. In the Executive Summary prepared for the July 22, 1997, regarding TwinEagles request to be rezoned to a "PUD" Planned Unit Development, the memo states "The PUD document structures three alternative ways of providing a potable water supply and sanitary sewers to each of the individual housing sites and golf course facilities... The alternative provision authorizing connection !o the Oran. getree Sewer and Water System in the opinion of staff was found to be ineonmstent w#hm these utility, elements of the GMP... Il should be pointed out that staff review of the Orangetree settlement agreement advised a limited geographic boundary for the development, therefore, it follows that any extension o futilities outside the boundary would be inconsistent with the Settlement d~reement." (Attachment 3) (Emphasis added) 5. In a June 2, 1997, memorandum to the Collier County Planning Commission, staff wrote TwinEagles "lies outside the Collier County Water and Sewer District boundaries. 77w PUD document structures four alternative ways of providing a potable water supply and sanitary sewers to each of the individual housing sites and golf course facilities... Except for well~septic sl~stems, other alternatives identified would not be consistent w#h the sewer attd water element of the GMP. Current sewer and water element policies dr) not provide for any type of connection to Collier County utilities for on-site package treatment plants and water system or in the opinion of staff wotdd allow expam'ion ora/)rivate system in the non-urban area. "(Attachment 4) (Emphasis added) Page 3 6. TwinEagles does not abut Orange Tree Utility Company's legal boundaries. In fact, TwinEagles is located almost three miles beyond the legal boundaries of Orange Tree Utility Company. (Attachment 5) 7. An agreement between TwinEagles and Orange Tree Utility Company promotes urban sprawl. Chapter 9J-5 states urban sprawl "means urban development or uses which are located in predominantly rural areas, or rural areas interspersed with generally low- intensity or Iow density urban uses, and which are characterized by one or more of the following conditions: (a) The premature or poorlyplanned conversion of rural land to other uses; (b) The creation of areas of urban development or uses which are not functionally related to land uses which predominate the adjacent area... Urban sprawl is typically manifested in one or more of the following land use or development patterns: !caM'roe or scattered development.., or large expanses of predominantly low-intensity, low-density, or single use development." (Emphasis added) 8. On July 6, ! 998, Orange Tree Utilities Company was notified by the Florida Department of Environmental Protection of possible violations of law for operating its waste treatment plant beyond its rated capacity. (Attachment 6) Presently Orange Tree Utility Company is unable to provide service to vested projects (Collier County School Board and Waterways Joint Venture) inside its legal boundaries. 9. In June 1997, during the EAR process Florida Department of Environmental Protection (FDEP) issued the following opinion against Collier County's proposed amendment allowing the expansion of package wastewater treatments plants such as Orange Tree Utility Company into the Agricultural/Rural Designated Areas. The opinion stated: "increased use of package treatment plants will enable development of isolated pockets of land at urban densities throughout the Agricultural/Rural Designated Areas. On-site sewage disposal may be more amenable in some of these areas. If correctly installed in suitable soils and properly maintained in developments of lower density, .o.n- site sewage disposal would pose no environmental or public health and safe~ threat_ to Collier County's Agricultural/Rural Designated Area." (Attachment 7) (Emphasis added) It is important to note that Dr. Abdul B. Ahmadi, FDEP Water Facilities Administrator, clarified on August 27, 1997, a letter dated June 27, 1997, that was solicited on behalf of TwinEagles by MeAnly Engineering. The clarification states that the opinions expressed in the letter were his, not FDEP's, and the letter "does not address appropriate land use patterns and does not support any particular dens#y pattern... The letter was intended to compare these various systems wit/tout regard to land use or population densi_ty." (Attachments 8, 9 and i O) (Emphasis added) Based upon the above points and accompanying documents, clearly individual wells and septic are the only legal options available to TwinEagles Golfand Country Club. Page4 The Florida Wildlife Federation and Collier County Audubon Society urge the Board of County Commissioners to honor the Growth Management Plan and deny any agreement between TwinEagles and Orange Tree Utility Company. Due to the controversy associated with TwinEagles, we also ask that the request to approve the final plat of"TwinEagles, Phase One" be removed from the Consent Agenda, Item 16a(16), to allow full discussion by the Board of County (2ommissioners and to provide an opportunity for public comments. 6434111 President Collier County Audubon Society 592-7805 ATTACHMENTS: Growth Management Plan Golden Gate Area Master Plan Settlement and Zoning Agreement executed January 27, 1986 Executive Summary dated July 22, 1997 Staff Memorandum dated June 2, 1997 Map showing boundaries of Orange Tree Utility Company Florida Department of Environmental Protection letter dated July 6, 1998 Florida Department of Environmental Protection OR(2 comments Florida Department of Environmental Protection letter dated August 27, 1997 Florida Department of Environmental Protection letter dated June 27, 1997 McAnly Engineering letter dated June 23, 1997 Project shall be encouraged in the form of a PUD. Commercial uses shall be limited to the following: Automobile Service Station. Barber and Beauty Shops. Child Care Centers. Convenience Stores. 2. 3. 4. 5. Drug Stores. 6. Food Markets. 7. Hardware Stores. 8 o 9. 10. 11. Laundries - self service only. Post Offices and professional offices. Repair Shops - Radio, TV, small appliances, Shoes; and Restaurants including fast food restaurants but not drive-in restaurants. Shopping Center. Co 12. Veterinary Clinics - no outside kenneling. Projects shall provide adequate buffering from residential areas. D. Projects shall make provisions for shared parking arrange- ments with adjoining developments. . 3. AGRICULTURAL RURAL - SE ME AR DISTRICT A. Settlement Area District Consists of Sections 13, 14, 23 and 24, Township 48 South, Range 27 East (the former North Golden Gate Subdivision), which was zoned and platted between 1967 and 1970. In settlement of a lawsuit pertaining to the permitted uses of this property, this property has been "vested,, for the uses specified in that certain "PUD" by Settlement zoning granted by the County as referenced in that certain SETTLEMENT AND ZONING AGREEMENT dated the 27th day of January, 1986. By designation in the Growth Managoment Plan and tho Golden Gate Area Master Plan as Sottlement Area, the Plan recognized the property as an area which is outside of the Urban Designation and which is currently far removed from supportive services and facilities. Expansion of the Settlement Area in terms of additional lands or dwelling units, shall be discouraged. Its existence will have no precedential value or effect so far as justifying similar uses on surrounding or adjacent property. The Settlement Area Land Use District is limited to the area described above and shall not be available as a land us~ district for any other property in the County. Doc. Ref: 4815IMA/GM - 26 - THIS SETTL£NENT A~D ZONING AGREE~£RT executed this ~ d~y of January, 19~6, by and between A.~. Df~Kg and 1, 1980 ('GAC'~, ~he Board of County Co~lsslonors of County, Florida: a Su~lv~s~O~ Of the State of ~lo=l~a ("County-), and A~TON GO~, as Trustee.('T=ustee-). RECITALS A. G6C is the bwner of the real property described Exhibit 'A', ('Subject Property'} located ~n Collier County, Florida. B. GAC Corporation, t~e Prior Owner of the subject property, Petitioned for an~ the C~un:y granted zoning on the subject property ~ 1967 for a subd~v~sto, k~own as North Golden Gate~ the uses of'which ~ncIude~ mo=e than e~ght thousand residen:~al units, ex~ens~ve ¢o~erc~aZ and related activities, canals, roadways, school s~tes and related uses for a p~anned cO~un~ty~ and the same was pZa~ted ~ seven {7) units between 1967 and 1970, a~l of which were accepted by County and the Plats duly recorded ~n the Public Records ~f Collier County, Florida. C. In order to obtain sa~d zoning and p/at approval Erom County, GAC Corporation was required to dedicate and convey certain streets, parks and other property ~o the County and satd dedications and. conveyances occurred during the zoning and platting process. O. Certain infrastructure ~mprovements, ~nclud~ng drainage canals a~d roads, were made to the PrOpec~y after the zoning and platting Process ~n accordance w~th and In reliance on the approved develo~e~t pZa~ for the P~atted subdivision. E. la ~981 and 1982, the County adopted a Comprehensive Land Use Plan and Zoning Ordinance {Ordinances 81-70 and 82-2, respectively} which redes~gnated and rezoned the property to agr~- culture. .... f ~k ~ea a czv~/ action . ~k-., ~ lnances 81-70 and ~uzzze~ county, *aoec1E1cat~ ~.~".~"e.~zgcult Couct tn an ~, .Case ~umbec 82-394 nj ""u bz ~}datin Trot v~' Col designs:ed uses of the Subject ~ ~uncy ~o ¢~ange the ~ro~e:~y, cZa~mlng that GAtes rights had vested because of 1ts =eltance on the approved zoning and Platting. G. Trustee has entered Into a contras': with GAt to pur- chase said North Golden Gate (Sub~ect Proper:y}, sa~d being contingent upon Buyer being able to ob:al~ zoning contract and other perm/ts necessary ~or a Planned development, consisting of'exten- sive agrlculturaI uses, Iow density resldentlaZ uses and m~nor commercial uses. H. Trustee has requested and County has agreed to zone the 'Property to 'PUD by Settlement- at a r~uZar/y scheduled meeting on :he 27th day of August, 1985. I. The County has agreed to the rezontng of :he property :o "PUD by Settlement- ~n accordance with the provls~ons tho Zoning and Development Document (Exhibit "B") based on E1ndlng that the Proposed project would have fac Zess Impact on councy and ceg[ona~ Eacll/ttes and :he environment than the °=~91nal North Golden Gate subdtv~slon. 8B2 ~ ~ ~u UUI~O0 " OR BOOK PAGE J. Based on the County's rezoning of the subject property .' an~ Trustee's agreement to Purchase the same, GA¢ has agreed to dismiss its lawsuit against County re~erenced here%ri. K. GAC had imposed certain restrictive covenants and use ~estrlctlons on the Subject ~operty, which would con'iici'and inter,ere with the Proposed ?1armed Development ~or the property. MO~, TgE~E~O~ In considerat~on o~ the respective mutual releases~ covenan~s~ cond%tions an~ promises herein con- rained, the parties agree aa ~ollo~s= 1. The Parties a~opt and confirm the rec%tals as if set ~o~th ve~batl~ In this Pa'ragraph. ' 2. '[f~ectlve upon the County's rezonIng of the subject p~operty PUrsuant to the ~on~ng ~nd Development Document attached hereto as £xhtbit "B"~ G~C an~-Countx each releases the other [rom an7 and all claims and causes o~ action in connection with the subject matter o~ that certain %awsuit presently pending in the Circuit Court o~ the ~en~[eth ~u~%c%a! Circuit ~n and for Collier County~ ~lorida~ style~ GAC'~[~u~dat~n~ ~rust vs.'Collier Countz~ Case Number 82-394-CA-0~ &n~}ud%ng a%'Z c%aZms asserted party against the other and any and all claims that could have been asserted ~n such action by ~eason o~ the zoning, platting and changes In the Comprehensive Land Use'Plan and zoning on and Eot the p~operty described in Exhibit "A" hereto. 3. GA¢ and County have agreed to cause their respective attorneys to secure dismissal with Prejudice o~ ~he lawsuit here- ~o~ore described and the Court's approval of ~his Settlement and Z°nln9 Agreement~ each part~ to bear its own cost and attorney,s ~ees. 4. County agrees that its execution o~ this Agreement and adoption o~ the attached Resolution constitute its grant o~ rezontng to "PUD by Settlement- in accordance with the ~onlng and Development Document made a part hereo~ as Exhibit 5. County agrees to amend the Land Use Hap and Collier County Comprehensive Plan to redeslgnate the land use Eo~ the PrOperty £n a manner which would accomodate the P~Oposed uses thereoE set ~orth tn Exhibit "8" to a designation o~her than "Urban", and Trustee agrees to Eull~'cooperate with County in this regard. The proposed change in the Land Use ~ap and Comprehensive Plan shall not be a Prerequisite to Trustee"s develon~men~d oE ~he Subject Property in accordance with the approved Zoni opmen~ Document. a Dews1- 6. Trustee and GAO assert and . ~ld~ Oa~e" subdivision ~s "v~-~# _..~nt¥ agrees, that 'North ~orcs to oOtain m R~na;~m f--~? _~v .~ooperate ~%th Trus~ , .......... ~ oeccer o[ Interpretation ~rom t' ees ne De- partment of Community Al[airs ~lth the necessary amendment or mod- £[Icatlon to Incorporate the Development Plan as set forth in Sxhib£t "8" as being "vested" under Chapter 380, FlOrida Statutes (1985). 7. County, Trustee, and GAC understand and agree that the 8].5 acres to be dedicated [or public use, as specified in Exhibit , snail be made prior to the lssuan ~[~t on ~e. property. Trustee {urthe~e.~°J__~h~.~$rs~ building ~i~h ~he land and be binding on successor o~ners o~ subject prop- .... ~ ~ sna&~ run erty. 8 County and GAC agree to cooperate with Trustee tn the vaca~£on ~ any road right-of-ways, drainage easements, Pa~k dedi- cations, and other easements and dedications previously made which are inconsistent with the proposed Development Plan (Exhibit County speciE{rally agrees to cooperate in the vacation o~ the seven ¢7) pla~s constituting North Golden Gate subdivision pursuant to ~he Petition ~or Vacation currently ~Jled {or that purpose. , 0~1180 O015Sg to cancel, vacate/.dischargl and release the Sub~ect Property from any and all covenant, conditions and restrictions placed thereto; and to executa and record the Vacation and Discharge of Covenants and Restrictions attached as Exhibit 'C' and to take such other actions and execute' such other documents as may be reasonably necessary to effectuate tbs purposes of this paragraph. County agrees tO cooperate in removing any land use restrictions (covenants, conditions and restrictions) previously imposed on the subject property by GAC in con~unction with its proposed deve2opment of North Golden Gate. IH WZTNESS WHER£Oe, the parties hereto have set t~eir signs and seal~ on :he date ftrst above written. ustee Undef~(;~'Ci'~u'i'd'atzng Trust Dated Oct~/~l, 1980 Trust Oared October 1, 1980 BOARD Or COUNTY COMMISSIONERS COGLIKR COUNTY, FLORZO~ . TRusTEE Acknowledged before me' by A.H. Blake, Trustee under the GAC Liquidating Trust dated October I, 1980, on this ~day of ~ly co~tsslon expires~ Ac~now%edged before me by THEODORE C. 8LACK~ Trustee under the GAC L~qu~da~Lng Trust dated October 1, 1980 on th~s ~day My co~lsslon expires: .:. STATS OF Fr.oRIDA COUNTY OF COLE, IER 0~1180 001580 OR-BO0~ P~GE 882 this ~,~.~ o.~_ ~u?~¥21 slon~,ce, Collier County. ~ - . ~__~ I~. ~ ~.. .~' '.. ~ O-- ..: .... . . .. _.~z ;...~ . Sta~e of Florida at Large. My Co~lsslon gxpires~ STATE OF F~ORZDA COUNTY OF __~&OE_ =_- Acknowledged before __ 3rd day of February , t OR BOOK P,4GE E. %4ATER & SEWER 1) Water Facilities - Developer shall provide sn on-site ~ota~ie water source and shall construct an on-site potable water treatment plant and distribution system. The system shall be designed and constructed, by phases if desired, to serve all developed portions (agricultural areas excluded) of the project% including flows adequate to provide fire protection. All components shall be designed and constructed in accordance with spplicable Collier County and State of Florida requirements. 2) Sewer Facilities - Developer shall construct an on-site sewage treatment plant and sewage collection system to serve all developed portions except R-1 properties (one acre S.F. sites). Exception of sewer service for the R-1 properties shall be permitted by the County contingent upon, 1) Submission by the Developer of factual evidence that the construction of approximately 240 single family homes on sepuic systems will not have a significant impact on the groundwater quality of the area and 2) Approval for these installations by the County Environmental Health Department. If the County finds that the installation of septic systems for the R-1 properties will create an enivornmental concern, the on-site sewage collection system will be extended to serve these properties. Treatment plant shall provide treatment levels, pursuant to Chapter 17-6.040(q), Florida Administrative Code, required to allow use of treated effluent in the proposed on-site drip irrigation system. All components shall be designed and constructed in accordance with applicable Collier County and State of Florida requirements. During the time that the Developer operates the sewage treatment plant, data required pursuant to County Ordinance No. 80-112 showing the availability of sewage service will be submitted for approval by the Utilities Division prior to approval of the construction documents for the project ~nd for all building permits required. Copies of the approved DER permits for the sewage collection and transmission systems and the on-site wastewater treatment facility shall be ~ubmitted upon receipt to the Utilities Division. 9-4 8B2 OR BOOK PAGE '3) Plans Approval - Ail construction plans and technical specifications and proposed plats, if applicable, for the proposed water distribution and sewage collection and transmission facilities must be reviewed and approved by the Utilities Division prior to commencement of construction. Detailed hydraulic design reports covering the complete water and 8ewe~ systems to serve the project will be submitted with the construction documents for the project. These reports shall list all design assumptions, demand rates and other factors pertinent to the systems under consideration. Prior to approval of construction documents by the Utilities Division, the Developer will present verification, pursuant to Chapter 367, Florida Statutes, that the Florida Public Service Commission has granted territorial rights to the Developer to provide sewer and/or water service to the project until the County can provide these services through its water and sewer facilities. Upon completion of construction the water and sewer facilities will be tested to insure they meet Collier County's minimum requirements, a comprehensive inspection of the facilities made by the Utilities Division and record drawings of the facilities filed with the Utilities Division. 4) Facilities Ownership - It is understood by Developer that Collier County may, at some future time, desire to serve the project water and sewer services. To that end, Developer agrees, at the time of formal request by Collier County, to dedicate all treatment plant and dis- tribution/collection system components in existence at the time of request, to Collier County. Until such formal request by Collier County, Developer shall own, operate, and maintain all on-site water and sewer facilities. Once the water/sewer systems have been dedicated to Collier CcJnty, any required expansions to the on-site water treatment plant or sewage treatment plant shall be the responsibility of Collier County and shall be accomplished as required to meet project demand, at the expense of Collier County. All required expansions of the water distribution/sewage collection systems shall be responsibility of the Developer, and shall be designed and constructed to Collier County and State of Florida requirements. On completion of construction the facilities will be tested to insure they meet Collier County's minimum requirements at which time they will be conveyed or transferred to the County, when required by the Utilities Division, pursuant to appropriate County Ordinances and Regulations in effect at the time conveyance or transfer is requested, prior to being placed into service. 9-5 081180 08159 OR BOOK PAGE '5) ~ights-of-wa~/Easements - All components of the water and sewer systems that may be conveyed to Collier County including treatment plants, shall be constructed within public rights-of-way or on lands owned or controlled by Developer for which Developer can provide utility easements to Collier County. All water and sewer facilities constructed on private property and not required by the County to b~ located within utility easements shall be perpetually owned, operated and maintained by the Developer, his assigns or successors. At the time of system conveyance Developer shall provide all required easements. At such time as Collier County discontinues operation of the water or sewer plants, the use of plant site shall revert to the developer and site utility easements shall be vacated. 6) Connection to County Water and/or Sewer Facilities - All ~onstruction plans and technical 8pe"cificatiOns ralated to connections to the County's off-site water and/or sewer facilities will be submitted to the Utilities Division for review and approval prior to commencement of construction. Upon connection to the County's off-site water facilities, and/or sewer facilities, the Developer, his assigns or successors shall abandon, disman~le and remove from the site the interim water and/or sewage treatment facility and discontinue use of the water supply source, if applicable, in a manner consistent with State of Florida standards. All work related with this activity shall be performed at no cost to the County. Connection to the County's off-site water and/or sewer facilities will be made by the Developer, their assigns or successors at no cost to the County within 120 days after such facilities become available at the project site. The cost of connection shall include, but not be limited to, ali engineering desig'~ and preparation of construction documents, permitting, modification or refitting of sewage pumping facilities, interconnection with County off-site facilities, water and/or sewer lines necessary to make the connection(s), etc. 9-6 OR BOOK PAGE, Customers - All customers connecting to the water ~ion and sewage collection facilities will be customers of the developer or the interim utility established to serve the project until Collier County makes formal request for dedication of the water and sewer systems. At that time, the customers se=red on an interim basis by the utility system constructed by the Developer shall become customers of the County at the time when County off-site water and/or sewer facilities are available to serve the project and such connection is made. Prior to connect£on of the project to the County's off-site water and/or sewer facilities the Develope=, his assigns, or successors shall turn over to the County a complete list of the customers served by the interim utilities system and shall not compete with the County for the service of those customers. The developer shall also provide the County with a detailed inventory of the facilities served within the project and the entity which will be responsible for the water and/or sewer service billing for the project. 8) System Development Charges - During that period of time that the water and sewer utility system is owned, operated and maintained by Developer, Developer may charge a system development charge to each connecting customer in an amount as approved and allowed by the. Florida Public Service Commission (PSC). Provided nonetheless, at the time of formal request by Collier County for system conveyance, then and from that time forward, the developer, his successors or assigns shall pay syst~ development charges to Collier County pursuant to County Ordinance in effect at that time. 9-7 EXECUTIVE SUMMARY PETITION NO. PUD-97-3, DWIGHT NADEAU OF MCANLY ENGINEERING AND DESIGN INC., REPRESENTING SA_M~ R. COLOSIMO, TRUSTEE FOR TH]] ULTIMATE LA]CD TRUST, REQUESTING A REZONE FROM "A" AGRICULTURAL AND "MHO" TO PUD TO BE KNOWN AS TWIN EAGLES GOLF AND COUNTRY CLUB FOR A ~ OF 275 DWELLING UNITS, FOR PROPERTY ON TH~ NORTH AND SOUTH SIDES OF IMMOKALEE ROAD (C.R. 846), IN SECTION 17,20, 29 AND 30, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLOKIDA, CONSISTING OF 1,374.09 ACRES. OBJECTIVE: This petition seeks to have certain land now zoned "A" Rural Agricultural rezoned to a "PUD" Planned Unit Development district classification. CONSIDERATIONS: The proposed PUD Master Plan and regulatory document outlines a development scheme consisting of two 18 hole golf courses, other recreational amenities and 275 single family detached home sites. A substantial portion of the site contains jurisdictional wetlands which are to be preserved totaling some 305 acres, however, as a consequence of mitigating certain environmental impacts additional conservation areas will be established within the Commons/Recreation Area which comprises some 771 acres of land. Only 298 acres of the total acreage of 1,374 acres will be utilized as housing sites. The proposed Twin Eagles Golf and Country Club project is located in the Agriculturally designated area according to the Future Land Use Element of the Growth Management Plan. The FLUE as it applies to land within the non-urban designated area does not establish an exclusive agricultural environment and does authorize non-farm related housing provided the density does not exceed one dwelling unit per five (5) acres of land. Equally as important in terms of structuring conditions for non-farm residential development the GMP currently requires that private on-site systems for providing wastewater disposal and potable water be provided (i.e. septic tanks and wells). Those G?vl? policies, are, however, not so clear that they are subject to determination at least in the case of whether or not density is to be determined on the bases of one dwelling unit requiring a five (5) acre lot, or averaging five (5) acres over the gross area of all of the land included in the project. The Collier County Land Development Code authorizes the Planning Services Director to make a finding of consistency with GM? elements. The Planning Services Director has made a finding that the FLUE allows density averaging over the entire ~re~ge of the project so that the gross density ora project not exceed one dwelling unit per five (5) ~res, and therefore, allows clustering dwelling traits over the project area on lots determined acceptable in the PUD. Should the Board of Commissioners similarly determine the matter of density to include density averaging then this petition if approved is consistent with the FLUE. Relative to the matter of sewer and water utilities recent EAR amendments to the Gl l~ authorize project centralized systems for providing wastewater treatment and potable ' 8B2 ' Thc PUD document structm-es three alternative way~ of providing a potable water supply and .sanitary sewers to each of the individual housing sites and golfcottrse facilities. Two of the three alternatives are inconsistent with the GM1a as amended by the EAR amendments. The alternative provision authorizing connection to the Orangetree Sewer and Water System in the opinion of staff was found to ~e {n, co. nsistent within these utility elemen, ts of the GMP. Nevertheless, the Planning Commission ,.,=:.oeo to. ap. pro,v,e .the P.UD .docum.ent retaining the provision for connection to the Orangetree Utility system. It shout(a t}e pomtecl out that staff review of the Orangetree settlement agreement advised a limited geographic boundary for the development, therefore, it follows that any extension of utilities outside that boundary would be inconsistent with the Settlement Agreement. As a consequence of planned highway improvement at Immokalee Road and C.R. 951 this petition if approved was deemed consistent with the Traffic Circulation Element. The development commitments section of the PUD contains conditions which when implemented will ensure that requirements of the GMP and LDC are effectuated. Those which can be illustrated on the Master Plan have been so illustrated. The Collier County Planning Commission's recommendation includes their concurrence with the finding for both PUD and standard rezones pursuant to Section 2.7.2.5 and 2.7.3.2.5 which form a part of the Commission's approved staff report. The Collier County Planning Commission reviewed this petition on July 3, 1997 and by a vote of 6 to 2 recommended its approval to the Board of County Commissioners as described by the PUD regulatory document and Master Plan attached to the Ordinance of Adoption. The two dissenting voters cited Urban sprawl as their bases for objection. Several members of the public addressed the Commission including a representative of the Conservancy of Naples and the National Audubon Society. Both recommended that more time and study of the impacts were needed. Three other area residents spoke in favor of the rezoning action while three letters in opposition to the project were received by staff. FISCAL IMPACT: This petition by and of itself will have no fiscal impact on the County. However, if this amendment achieves its objective, the land will be developed. The mere fact that new development has been approved will result in a future fiscal impact on County public facilities. The County collects impact fees prior to the issuance of building permits to help off-set the impact of each new development on public facilities. These impact fees are used to fund projects in the Capital Improvement Element needed to maintain adopted levels of service for public facilities. In the event that impact fee Ilia collections are inadequate to maintain adopted levels of service, the County must provide suppleme~J~,~ltL funds from other revenue sources in order to build needed facilities. GROWTH MANAGEMENT IMPACT: As described above the land use, density and intensity of development of the subject property were deemed to be consistent with the FLUE to the GMP. Other related consistency reviews ',,,ere alno found to be consistent by virtue of the way in which development conditions were strategy devised for regulating the manner of development. 2 JUL 2 2 1991 In view of the consistency findings staff finds that there is no negative or other adverse impact resulting from the adoption of this petition. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of the Adequate Public Facilities Ordinance No. 90-24 at the earliest or next to occur of either final SDP approval, final plat approval, or building permit issuance applicable to this development. 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. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission recommends approval of PUD-97-3 as represented by the proposed Twin Eagles PUD document and Master Plan. Further, that the PUD provide that in the event the GMP is amended to allow package wast, water treatment plants and potable water supply systems that their implementation be required, or otherwise be served with a sewer collection and water transmission system as proposed in the Utility stipulations section of the PUD. pREPARED $~y R6NALD F. ~I'NO, AICP DATE CHIEF PLANNER REVIEWED BY: ROB'ERT J. MULHERE, AICP DATE CURRENT PLAN. G~G~__~AGER DON--ALD~V. ~,RNOLD, AICP bATE PLANNING SERVICES DEPARTMENT DIRECTOR T A. CAUTERO, ADMINIST--RATOI~...) DATE COMMUNITY DEV. AND ENVIRONMENTAL SVCS. PUD-97-3 EX SUMMARY/md JUL 2 2 ;997 MEMORANDUM TO: FROM: DATE: COLLIER COUNTY PLANNING COMMISSION COMMUNITY DEVELOPMENT SERVICES DIVISION IU'NE 2, 1997 RE: PETITION NO: OWNER/AGENT: PUD-97-3, TWTN EAGLE GOLF AND COUNTRY CLUB Agent. MeAnly Engineering & Design, Inc 5101 East Tamiami Trail. Suite 202 Naples, Florida 34103 Ultimate La. nd Trust 4099 N Tamiami Trail, Suite 305 Naples, Florida 34112 (/ames R. Colisimo, Trustee) _REOUESTED ACTION: This petition seeks to rezone certain property from "A o M]--IO" Rural Agricultural with a Mobile Home Overlay to a "PU~D'' Planned Unit Development District. .GEOGRAPHIC LOCATION: The property consisting of 1,374 acres more or less lies in part on the north and south side of Immokalee Road (C R 846) approximately three (3) mi]es east of C R. 951 in Township 48 South, Range 27 East, Sections 17, 20, 29 and 30 (see location map following page) PURPOSE/DESCRIPTION OF PROJECT: The proposed PUD Master Plan and regulatory document outlines a development scheme consisting of two 18 hole golfcourses, other recreational amenities and 275 single family detached home sites. A substantial portion of the site contains jurisdictional wetlands which are to be preserved totaling some 305 acres, however as, a consequence of mitigating certain environmental impacts additional conservation areas will be established within the Commons/Recreation Area which com~se.L~.~s so_me 771 acres of'land Only 298 acres of the total acreage of !,374 acres will be utilized aslhousi~ff~§~ JUL 2 2 1997 8B2 .r SURROUNDING LAND USE AND ZONING: Existing: (North Tract) - The property has served in part as pasture land for the raising of cattle, otherwise a number of vegetative communities and wetland associated communities make up the remainder of the north tract. The property is zoned "A-M/tO" Rural Agricultural With Mobile Home Overlay. (South Tracq - The property consists of a number of vegetative communities and wetland associated communities. A small area served as a cow camp area containing two trailers, and a storage building. The property is zoned "A-MHO" Rural Agricultural With a Mobile Home Overlay. Surrounding' North - East - South - West On the north side of the property lying north of Immokalee Road the property is contiguous to the Golden Gate Estates Subdivision, which is zoned "E" Estates and therefore allows residential development at one dwelling unit for each 2.25 acres. With respect to the north tract the property lies contiguous to the Golden Gate Estates Subdivision. The south tract (i.e. lying south of Immokalee Road) lies contiguous to property zoned "A-N.fHO" which is vacant. Immokalee Road bisects the property and constitutes the south side of the north tract. The south side of the south tract is contiguous to the Golden Gate Estates Subdivision. The west side of the north tract lies adjacent to the Bonita Bay Golf and Country Club which came about as a result of approval of a conditional use within the "A" Rural Agricultural district. The west side of the south tract lies adjacent to areas zoned "A-MHO" are some residential development has occurred on private streets. GROWTH MANAGEMENT PLAN CONSISTENCY: Analysis for consistency with applicable elements of the Collier County Growth Management Plan advise as foLlows: Future Land Use Element - The property is designated Agricultural/Rural Residential Subdistrict on the future Land Use Map of the Future Land Use Elem advise as follows' 2 and Agricultural/ JUL 2 2 1997 The Agricuhural/rural land Use Designation is for those areas that are remote from the existing development patterns, lack public facilities and services, are environmentally sensitive or are in agricultural production. Urbanization is not promoted, therefore allowable land uses are of Iow intensity. A limited selection of land uses other than Iow density residential and agricultural will be permitted. Such uses include: essential services as defined in the most recent Collier County Zoning Ordinance; parks, open space and recreational use; community facilities such as churches, cemeteries, schools, fire and police stations; utility and communication facilities; earth mining, oil extraction and related processing; asphalt plant as a Conditional Use as defined in the Collier County Land Development Code (Ordinance 91-102 adopted October 30, 1991), provided that the asphalt plant is compatible with surrounding land uses, is not located in a County, State or Federal jurisdictional wetland area and any required buffer zone is not located within the Greenline Area of Concern for the Florida State Park System as established by the Department of Natural Resources (DN'P,) or within the Area of Critical State Concern as depicted on the Future Land Use Map, and is not located within 1,000 feet of a natural reservation; migrant labor housing as provided in the most recent Zoning Ordinance; travel trailer recreation:al vehicle parks providing that the following criteria are met - the site has direct access to a road classified as an arterial and the use will be compatible with surrounding land use Agriculturab'Rural - Mixed U~;e Di~;trict ~_~culturalfResidential Subdistrict - The purpose of th/s subdistrict is to protect and encourage agricultura/activities while providing for iow density residential use in outlying areas. Residential land uses may be allowed at a maximum density of I unit per 5 gross acres. .FLUE - Pursuant to provisions of the LDC, agents for the petitioner requested an interpretation from the Planning Services Director for the purposes of determining whether or not the above density provision means one (1) dwelling unit on a five (5) acre tract ofland, or one (I) dwelling unit per five (5) acres based on the gross area of the site. By communication dated December 2, 1996 the Planning Services Director opined that the FLUE may be interpreted to authorize a density of one (1) dwelling un.it per five (5) gross acre of the land area that comprises the application for rezoning. Therefore, each housing unit site need not be a minimum offive (5) acres in area as long as other land area is set aside as open space so that the gross density between development sites and open space area is equal to or greater than one (1) dwelling unit per five (5) acres of land. Witkin this limited context the petition is consistent with the FLUE. Water and $.anitary Sewer Element - The proposed project lies outside the Collier County Water & '~ Sewer Distric~ boundaries The PUD document structures four alternative ways of providing a potable water supply and sanitary sewers to each of the individual housing sites and golf course facilities. These include private on-site systems (ie. wells and septic tank), installation of package .t/ plants ay'id centralized proiect water system, extensions and connection to nearest County facilities and :~ connection to the Orangetree Utility Company water and sewer system. Except for well/septic systems, other alternatives identified would not be consistent with the sewer and water element of the GMP. Current sewer and water element policies do not provide for any type ofcormection to Collier County utilities or on-site package treatment plants and water r/stem or in the opinion of staff would allow expansion of a private system in the non-urban area Specifically these polici ..t-armstated as / follov,,s AC, SnO.a,.:Z~. NO. ~ JUL g 2 1997 8B2 . Policy 1 I 2.: (sewer) - Consistent with the urban growth policies of the Future Land Use Element of this PI~ provision of central sanitary sewer service by the County is limited to the service areas show'n in this Plan and to areas where the County has legal commitments to pro,,'ide facilities and services as of the date of adoption oftkis Plan Policy 1.1.4: (sewer) - Permit development of package sewage treatment plant systems only within the Designated Urban Area of this Plan only in areas where County wastewater service is not currently available, and allow same only on an interim basis until said County service is available. Allow individual septic systems within the County only when connection to an existing central system is not readily accessible to render service and note that where septic systems are allowed, and future County Policy 1.2.2.: (water) - consistent with the urban growth policies of the Future Land Use Element of this Plan, provision of central potable water service by the County is limited to the ser,.4ce areas shown in this Plan and to areas where the County has legal commitments to provide facilities and services as of the date of adoption of this Plan. Policy 12.4: (water) - Permit development of potable water supply systems or indi,,4dual potable water supply wells within the County only on an interim basis when connection to an existing central system is not readily accessible to render service and require connection to the County Regional System when available. ~endments to these utility elements provide for on-site centralized systems of sewage treatment and collection and a co~mmon, portable water supply system with approval of the Board of Commissioners. Specifically the~~d~Policies are stated as follows: Objective 1.5: The county will discourage urban sprawl and the proliferation of pdvate sector sanitary sewer service suppliers in an effort to maximize the use of existing public facilities through the development order approval process by implementing the following policies. Policy I 5 1~ Discourage urban sprawl by permitting central sanitary sewer systems only in thc Designated Urban Area of the future Land Use Element of this Plan, and in areas where the County has legal commitments to provide facilities and service outside the Urban Area as of the date of adoption of this plan unless otherwise approved by the Board of County Commissioners to address em,4ronmental or public health and safety concerns Policy 1.5 2 The County will discourage urban sprawl and proliferation of private sector and/or package sanitary sewer treatment systems through the development order approval process to insure maximum utilization of the existing and planned public facilities, unless otherwise approved by the Board of County Commissioners to address environmental or public health and safety concerns No existing private sector or package treatment system will be permitted to add customers unless all Levels of Service Standards are met, and operations are in conformance with all DER permits,_ j AC~-.~' : ~. t ~ ,JUL 22 1997 Therefore, should this amendment to the GMP be approved and should the BCC approve on-site centralized utility systems then the development would be consistent with the sewer and water elements. TraP& Circulation Element - Policy 5. I of the TCE states that the BCC shall not appxove any request that significantly impacts a roadway operating or projected to operate at an unacceptable level of service unless specific mitigation measures are taken. Staff analysis indicates that by 1998, the trips generated by this project will exceed the significance test on Immokalee Road (CR-846) both east and west of CR-951. It also exceeds the significan~ test on CR-951 south of lmmokalee Road by 2001. Furthermore, this segment of CR-846 is also projected to be deficient by 1999 or 2000 while CR-951 south of' Immokalee Road is expected to be deficient by 2005. However, the planned road improvement to 4 lane this segment of CR-846 (from 1-75 to CR-951) is planned to be completed by 2001. The scheduled 4 lane improvement ofCR-951 south of CR-846 is projected to be completed by 2002. Lastly, the site generated trips on CR-846 east of CR-951 will exceed the significance test but will not lower the level of service below it's adopted LOS "D" standard. As a result of the planned road improvements, the capacity on the deficient segments will increase thereby improving the LOS to acceptable levels at that time. When the existing plus the committed road improvements are factored, all road segments within the project's radius of development influence (RDI) will be operating at an acceptable level of service at the build-out of this project. Therefore, the proposed rezone request is consistent with Policy 5. I & 5 2 of the Tratti¢ Circulation Element (TCE) of the Growth Management Plan. Conservation Element - The project has been master planned to conserve identified jurisdictional land and to mitigate those occurrences where jurisdictional lands are traversed with a roadway. Additionally, the PUD document contains development commitments ensunng that development activities '.,,'ill be in compliance with provisions of the LDC and State permitting requirements. It should be noted that 305 acres or 22% of the to:al land area is set aside as "preset'ye" areas. This is exclusive of another 771 acres of commons/recreation land, a portion of which, approximately 115 acres ,.~.ill also be set aside as conservation land. By design and by stipulation the project is consistent with the conservation element Open Space Element - More than seventy-eight (78) percent of the land area will be devoted to qualif2,4ng open space and includes all preserves, conservation or other lands used for recreational purposes. Additional open space will also be created with each building site. This is far in excess of the sixty (60) percent which is required for residential PUD's, and is therefore consistent with the open space element. Storm Water Management Element - The conceptual water management plan submitted with the application and developer commitments attest to a finding of consistency with the Storm Water Management Element. No other elements of the GMP are applicable. petition is deemed consistent with the G~. Under the conditions of approval herein described this JUL 2 Z 1997 8 14 IJfJI T ~'J 8.56 2_4 I )1 ~.AW I't ( t ) ',~'AI t · IL1" 8B2 Department Environmental Protection SOUTH DISTRICT P. O, Box 25,49 Fod Myers. Flo,",d& 33 (941) Roberto BoUt, President Orangetree Utility Company 3000 Orange Grove Trail Naples, Florida 34120 July 6, 1998 Re: Collier County - DW_ Orangetree WWTP ~ FLA014165.274526 f Dear M.r. Bollt: The purpose of'this letter is to advise you of possible violations of law for which vou may be responsible, and to seek ,,'our cooperation in resolving the matter. A facility Lie review of the above referenced Y(n,~'-I'P indicates that violations of Flori, da Statutes (F.S.) and Rules may e~st at the above described facility. I. A review ofthe facility's April 1995 Discharge Monitoring Report CDM:R) indicated the Daily Flow Percentage of'Permitted Capacity for the previous three months was 91%. This may be an indication of an inflow and infiltration problem. Florida Administrative Code (F.A.C.) Rule 62-600.410(6) requires that all facilities and equipment necessary for the treatment, reuse, and disposal of domestic wastewater or domestic wastewater residuals shall be maintained at a minimum, so as to function as intended. In addition F.A.C. Rule 62-600.405 states that when the three-month average daily flow for the most recent three consecutive months exceeds 50 percent ofthe permitted capacity of the treatment plant or reuse and disposal systems, the permittee shall to the Department a capacity analysis report. '~ Constrt,c~ion modifications lo tt~: f;:cility are not complete as agrc='d -' a meeting ~.viti~ tile Department July I 1, 1996 Continued acti;'itics at the facility m vmlation of state statutes or ~dl~.'s ~abim', for damaues anti restoration, a::'J the judicial imposition of civil pei:.:h!':s - 141and403 IbI, F." b,l;, 'S 10,0(50 p~:r ,,.iulati,~:: put "" pur:;uam lt~ .~cctions 40.,I I97 Roberto Bollt, President July 6, 1998 Page 2 The South District Office has changed its mailing address to more effecti'.'ely ser,,'e you. Our new address is: Florida Department of Environmental Protection, P.O. Box 2549, Fort Myers, FL 33902-2549. For deliveries requiring a street address, please continue to use 2295 Victoria Avenue, Suite 364, Fort Myers, FL 33901-3881. Please contact Andrew IL Barienbroek at (941) 332-6975 or at the letterhead address within 15 days of receipt of this Warning Letter to arrange a meeting to discuss this matter. The Department is interested in reviewing any facts you may have that will assist in determining whether any violations have occurred. You may bring anyone with you to the meeting that you feel could help resolve this matter· PLEASE BE ADx, qSED that this Warning Letter is a part oran agency investigation, preliminary to agency action in accordance with Section 120.57(5), F.S. We look forward to >,our cooperation in completing the investigation and resolution ot~ this matter Sincerely, Margaret F. Highsmith Director of District Management MFH. rFEJ/d d Ray Smith, Collier Count)' Pollution Control Department Da,,'id W. Schmitt, P.E. Neil Harden I.qq RESPONSE TO PROPOSED AIVfEI~DMEgqT 97. ~ ER OF THE COLLIER COL'NTYICOMP .REHE-NSIVE PLAN Cofrtment s', · In. iu~ly, ........ thc County had established a templet:on date of Aug~st 1. 1994 for a~om lis~ent of Obie~ve 1.3. ~e pur~sc oftMs p~l~ ~VC w~ tO de~a~te ~d gather ~ reg~dMg ~agement ~deline$ ~fl ~l~aon 9f~e Coumy Natur~ Resour~s Prote~on ~ ~A) pro,am. H~er, ~ County i$ propo:{ng to delete the sp<ifie ~mplefion flare and sub~tul~ ~e wordmg, "~t~dc.~flL" wMch ~v_ not ~enc~._~ t~ ~a~ .... ,~a product ~t c~ be usM M ~ inlcnde~.~idd~e for ~rotcc~ N~d ~eas ~4IMn the County. Poli~ 1.3.2 is s~i~ly word~ ~ "Con~e ~ ~ag~ent ~idclines for thc undeve{opcd ~aslM b~er and est~ne na~r~ reso~s prote~ibn area." it !s recommended that thc County e~tablish a date spc, cific for completion of the above.- referenced guidc]ines which ~¢ n¢cesg .a.D, ~r cominUous protection of valuable natural resources in.b. ot.h the coastal zone and .tkroughoutith? county. '.I~ is also recommended that the Count)' work w:t,t~,.th¢ ,A{'my.Corps of Engineers (OOE), 9thor participating agencies, ~od membe-rs o£the puc,c, to aevelop a cooperative agccm~a~ which will!comprehensively evaluate the effects of development on the environment in order t~a facilitate: ~tppropriatc prescriptions for protecting its re:nalrfing valuable re$ourc¢.~. ' 2..The county proposes to facilita?e th¢lh~itallation or'package wastcwater treatment fanta b addmg fle. xJbillty to Policy I.$.2 which willlal;o~ pack'~ge treatment plants in a~eas w~ch are y ,current;y assigned an Agr!cul~ral/Kura[de/lsity on th~ Fu.,r¢ Land Use Map. The G'ro~th ,~anagement Plan states that the Agficuttui'al.q~.ural:Lfind Use Designation i$ for those areas that re .remote fro..m the .e .xlstmg dev.elop~ent .,p. ac,.tern, lg.¢,~ pubhc fac:IR:es and ses'v~ces, are env:ro.nmentaJly acm:ur.e, or ate m .agrl. clll~ral preclusion. This proposed amendment will expose more than 300 r~p.tare trule$ ofAgt:cultur .a~fl~r$ Dcmgn~ted land to increased development pressures. A significant portion of this ~ea has ~sl 'gal'cas of Environment~l Concern" and includes The Big Cypress Area ofC,fideal Stat~.Cbneern. Tiffs amendment does lly cons:der tmpacts to envu'onmrmtalIy $,etl.~lnv¢ la.n~$, pressures on agricultural Iand$. and need to util{z¢ land which i~ already w~thinlthe Urban Designated Areas ofthe County. The increased use of package treatment plants will enabI~ development of isolated pockets of la~d at urban densities t~oughout the Agricuk~aL~,ural De$}gnated Areas. On-site sewage disposal may be more amc,able tn some of these areas. If correctly instalJcd in suitable soils and p~91~erly maintained ~ developments of lower densitY, on-site ~wage disposal would pose no environmental or public health Ired safer threat to Co'llier County s A$ncultar~Rural Designated Area, Currently, thc C-rov,,th Managcment Plnn lhnits d.ensity in these areas to,one unit per five alores "...in an effort to maintain and promote the rural character of these lands.' The Urban D.¢$ignaled Arcs should be thc focal pohat for devclo meat as there arc.currently 80,000 residential udat$ reportedly approved within the Urban DesignPated ,~ea which remaiB vacant· -.,'--'¢' ' '~Oepa.rt~nent.oC E, nvirotuncn, tal Regala~ion, one of. this agcncy's predecessor ag~cies, ¢ ,ormeo a stuay o~watcr qumity probl~sin ~he lndi~ R~v~ Lagoon S st~ entitled Wa~er ~uality ~<eata'fiom Pac'~ge J~ast~atek Trea~e~ Planla', dated July 1~ 1991. T~s pa~icul~ study was to sadsF/the reqmrcments of Chapler 90-262, Laws of Flori~, by identifying pollution scurfs ~n ~e Indian Wet' Lagoon. It w,s pointed out in ~e study that ] 55 package tr~tment plants out of the total ~22 wcrc d~er~Mn~lto hnvc th~ potential to t~caten thc water qualit~ oftBc ~ian ~ver ~goon Sy~c:~ since they. disc~gcd to eider suffa~ water~ or F~'~)~-927-$$ Jun ~=. '37 c.:26 2 ~xamplc of an area wi'rich did not benefit frort the pro,rotation of package treatmerrt systems, and is now attemptL~ to remedy the long term pr ~blcms ,~hich were created by short term solutions. Thc elJ:Tfinafion ofthLs problem udJl bc expert, ire for tI~¢ community. AJthou~h package wastewatcr treatment pl.an,s may pz:Fscnt a short term solution to locatin$ structuFcs in. areas which are u~suitable forlseptic umk,~, they are fraught with problems related to operatiot~al efficiency. Experienced en~ne.eri~ staffwithin this depv. rmncnt haYe for decades w~:nessed problems with package ~re~tmen,t systems: ~ey have provided info.'-rnation re.latcd to those problems which are enumeraxed in'th,e attached It:ncr to Mr. ~fi.k¢ McDa~'ficl, dated November 3, 1992, entitled Overview oftt~e, u~e ofPaclrage Ptant~. It L~ rec.~mmend-~d t,h,a~ Collier county rethi~ its poticies related tq encouraging the extensive use of package U'ea~ment picts'which may prematu, rcly open up ~ensitive ~e.,s ['or development. Where septic tanks are not suitable,, and where there is no central 3vastewater treatment system which is routine!y m~nt~nect and operated by competent 6perators, it is ~ggestecl that the land us:s ntight be better tea in agricultural or estate d~,.sities. "-"- 3. EAR amendments l'mve not addresse6 tI)c problem 9fhigh fecal coliform counts in the Marco £sl~d c~nal system. According to the c~m '.m'y'~ 1992 ~ater quality ~ .wnpling report fi.ndi,ngs on page 34 of the Marco Island M,tster pl~t,, there is a hi/~b probability mat properties wb, icn are now serviced by septic tanks within the Marco ~shmd area .~e contaminating the groundwater and adjacent ~lass 12 surface waters, in violation, o:"$tate ~'ater Quality Standards. Al ,~.., this department's report entitled, Southeast an4. South Florida Diat~qct Water Quah'~' .~3'$e~'~ntenr. 1994 305(3) Techrtie. alAppendix, indicateg thai among othw sources ofcont_~,t, nmants, 'Canals dre..ining urban are~ ~re also affected by. m~ban runoffand septic tank leaehate . It has been the expefienc, e of th. is agency ti'mt septic lan,les located it/ar~s with porou~ soils, high water tables and in close proximity to surface' waters,'wi!l ulfimately~ conta~nate those ground &'qd $urf~ce waters, in addition to l'figh fecal colifor?n counts it is not unusual for watersheds to experience l-6~h levels of nutrients which speed the eutrophicatign' ofrecdving water bodies '.,,h:ch have lirrutcd circulation. , T'rd s sit'a~fion is not consistent with thc Florida Water Plan 1995, Water ,Supply S trateg)' 4.2, which recommends that the state "...confin,ue to regt:t, late and manage discharges to ground and surface waters to protect maintain, and improve their quality for water supply, envirorm:ental protect]on and other beneficial purposes". Consideration o£wastew~ter treatment plant expansion should be paramount to the continued development of this enviromnentally sen4ti'.'e a'ca M'Jck impacts Henderson Creek. Roo~kery Bay ~d other wa:ct bodies h ~s recommended that the county cnte~ in[o an interlocal agreement with Marco Island for the purpose of expanding its v,a.stewatct treatment syste,~ and cllmma:ing on-site sewage disposal v,4tlfin the Marco Island ~rea at its eadies~ ,Opporzumty*. This agency continues to administer the State Revolving Loan Fund at very favOr~le interest rates for cities and counties that desire to expand sewage treatment facilities. Ass'ist~nce can beiprovided by this agency's r~ureau of Water Faci!ities Funding within the DMsJon of Water Facilities at (904)488-8163 4 Objex:rive 6. I, Section V, pag%C-l-19 indicates that By June 1, 1998, the County '.~ill identify, define, and prepare developme/.r s:andai'ds and criteria fro' all important native habi(ats However thc sut~t~orti.n~ Policy 6.1.8 st&t6s ~hat "I. neentives should (emphasis added) be created wkich w~'uld allc~,b deve]o?me& ~o conkinfie., but at the same time would also in, sure time some of the most ecologically sensitive habitat and W~getatJve ~:ommunities ~a'e retained.' Further, Polio) 6 3 4 within th~.t ob'~ct~ve~j state~, that "W~nds slwuld (emphasis added) be delineated accor&v.?, ~ The County's Adequate Public Facilities Ordirmnce should be one of the 8xfiding principles to assure the pro,.4sion of necessary public'f~:fiJ, ities ~ se~ng ~s d~'elopment, concun'cn: with the xnpacts being re,izod ~q:ban the ccvelopmegt. -Envirenmental Pretecfi nY ~'~'" ~ ' "---"' "' '~"-"-- ' ~'"'"~-- ---'---- '----~,,-- · :_' .r..,.~ ~ ;":'~ -- -~ ,2295 Vlctoria Avenue. Suite 364t /. ~.Overn®r Nancy Annc Pa)lon Florida Wildlife Fcdcrazion P.O. Box 8417 Naplcs, FL 34101 ' .u Ust Re; C~oll_icr Coun. ly - D W/P W Clarification Lcller I0 McAnly Enginccring [}car Ms. Pa)len: This is in response to yotJr request dated August 25 concerning clarification ora lellcr dated Jnnc 27, 1997 lo MeAnly Engineering front this office. The subject letter is a general but accurate slatcmcnt concerning my stance regarding onsitc waslewatcr disposal syslcms and individual water supplies The subject lc/let docs not address appropriate land usc patterns and docs nol support an)' particular densm,' pallcrn. A cop,,' of McAnly's original requcsl as enclosed. ' · Thc letter was intended Io compare these various syslcms wilhoul regard to land usc or population dcnsily. Land use and dcnsily panerns arc within thc pun,'icw of [he Department or Community Affairs and the local government entity. PIcasc feel frcc Io contact me at (941)332-6975 ill can provide £urlhcr clarification. Sincerely. AIIA/I IWY/LIm l'~nclosurc HJII ~lc,,'kJd~,. Nlc.,*nl,. I:fl~4lllCcq'rrlg AIx, hd B. Ahmadi. Ph D. l' l" Wafer f:actlilics Ach~tJrllslr;llOr Department of Environmental Protection Sou~h Discr~ct 2.295 Victo~a Avenue, Suke 364 ~ I~'$, I~orida 33~01-3881 Vir~'(n)a B. W~'r, herd~ Jmae 27. 1997 )&:Axdy 5101 Tam Trail Ea~ $~t¢ 202 Naples. FL 34113 JUN 3 0 1997 Wdls ami S~xlc Sy~-~q iii 7 ~3/atcx '~F~oilitic~; Admi~£Lslrat. or . '. , Department of Environmen[al Protection Sou~ District 2295 V~cto~ Avenue. Suite 364 For~ Myers. f~orida 33901-3881 Vi~n~ B. Wethe~el~ · ' $mac27,1997 Bill ~,~c.A~ly, p~_ 5101 Tamlami Tra/l F.a.nL Su/t¢ 202 N'a01es, FL 34113 JUN 3 0 1997 ~Colliet C,.gunty - DW We. lis ami .?~xlc Systems ~ tv/c. McAnl7:. This is in req~nsc m yottr Ieztct dated Ju~e 23 requesting my opinion regarding the u~c c/'v. rJL~ z~d indivldmd ~,]~tems. it ha~ boca oat c:gt~rienc~ that septic s731cnts frequently fa~ to function adequazcly and arc often not properly mainta/nod. This i~ pa.nlculattytn~ia ateas of hlgh water table- Idanytimesapoody ~,~oning septic systemwill n-,'aa;n uax,n~occl beca~sc R i., o~t of *ight m~d tbeac is no apparent c~_ _t~y.~- ol'its failure. ~ than thc initial ~ZllII~ ofLhes¢ sy~cfr~ the. fo i$ no [~ro~'/~o~t £Of ~ll.~g~on tt~ rio l.qlgllr'~tl~ ~ f. he ~¢ ~ ~'[[1 mainra;~cd. Thc regulatory o0mrol of thc indivldttaI watcr stxpply wv. tls is evea less mingcnL Small package mmn~t sygcms served by cemmt serf's am regulated by this Dcimtmcm and arc not o~y regularly, btrt att rcquired m sa,~btuit monthly monitoring reports and hzec Ii_ _r:~_~:cd ~ pL3~ opcratom. Thcsc opcaato~ ha,~ ~,~-J training a~d arc required ~o be on site a cc.,takt _~_,,,~c~ of hou~ each day oz ~x=ck. th~c sy~c=a.~ ~e mquire~l to provide secondary tr,-)Jmctd and disinf, c¢flon at Small commurdty water supplies also require Dctxtrtmc~ construction ~ and az¢ ammd~ by Lic~rm:x/OlXa'alor~. Tbc ~t in.spoors and montto~ thc operation of thc~ systcans to insure flaat thc water supply is ~afc. Fo~ ~_~ reasons the Depanngnt strongly sul~,orts thc use ofcenttaliz~ collection aa~d ~on systems and ~ sy~cms for both potable and domc:gtic wastewatc~. Ple~c fecl frcc ~o conta~ me at (941)332-6975 il'you nccd furthcz infocmation. '7 t/I 07-;7-177- .'*'**-'~'-,~.... McANLY' ENGINEERING AND DESIGN INC. LA~O 5ur, rv'~'vlt~ L.A~DSCAP E ARCH~ECTURE JLU~ 23, 1997 Dr. Abdul Ahma~i~ ;AdaKaistrator/Water Facilities Sure of Florida Depaa'tment of Envis:onmcatal Protection 2295 Victori~ AvcnUe, Suite 364 West Foil Mycrs, Florida 133901 Subject: Wcll and S~tic vs Paclo~e and Central Systems De~ Dr. Pursuant to our recent tdephonc cortversations, this correspondence is a follow-up con~nsdon that wc asc of thc ~imc opinion t~ central potable v,.atcr and sa~ta~T sewer convey~c.e systems connected to temporary water treatment and s,~¥age treatment package pl~Ls ace far superior to well and sepdc t~k w. em~io. It appe.~r$ that Collier County staffare ora contrary opixfion, such thu well md septic' umks to serve single family subdivisions are laref~le to the installation of cen'a'a.l systems connected to temporary package plants. The County sta~s opinion is applicable to development bdyond the limits ofthe Collier Co'mW Water-Sewer District. The Coumy .craft's c~pixtion will have a significaxa impact o a~project th~ w.,- ~'e supporting, which in fact, will be he~rd in publJo hearing before the Colli~'~:,~Pl~ Commit, sion next Thursday, J'uly 3. T~. ese issues ~ to the benefit of' ccatral ~.ste~ as opposed to well and septic systems wiU certainly be discussed. 1 would appreciate your writt~ thoughts as to the. se conflicting opinions prior to tha public hearing scheduled for 9'00 A:M. / With Best Regards: / / / · Bill M¢.~dy, P.E., P S M August 4, 1998 8B2 ,e, Collier Count)' Board of Commissioners Barbara B. Ben?,.', Chairman 3301 Tamiami Trail 'East Napl~s, FL 34112 RE: August 4 BCC Agenda Items: 2nd Orangetree Utility Amendment (~8-B-2), and Final Plat of TwinEagles Phase One (#16-A-16) Dear Commissioners: The Collier Count' Audubon Society does not support urban d~elopment beyond the urban boundary,, listed in the Growth Management Plan. We therefore urge you to disapprov~ both agenda items listed above, which we beli~ would contribute to urban sprawl, environmerttal degradation throughout rural areas ('da precedent), and cost taxpayers considerably more for services and infrastructure that would not be needed if such developments were contained to designated urban areas. We have submitted, along svith the Florida Wildlife Federation, .under ~-parate cover a Ii.st of rca.sons not to amend the Orartgetree Uti/it3' Agreement to allow extension of central water and s~wer to Tv~SnEagles' project. ~Essentially, such an amendment would violate the Orangetree settlement agreemenl in our Growth Management Plan, and rcsult in more intense development in an environmentally sensitive rural area than would otherwise With regard to thc TwinEaslcs final plat, fl:ere ar~ many reasons to not approve this today, including serious difficulties with upland and wetland cons¢~.r~tion an:an maintenance and respon~ibiliti~, and the more fundamental problem of permitting an urban golf course community outside the designated urban area in violation of Collier County's Orovnh Management Plan. There are several processes curr~nlly undenvay which are attempting lo address rural development issues, including the Environmental Impact Statement and your own rural/ag downzoning proposals. Collier County Audubon Society, and many citizens of our courtly, f~l that thes~ efforts should be completed before allowing any precedent-setting urbanization of rural lands. Additionally, ther~ am approximately 80,000 units alr~ady pexmitted in the Urban Area, but which r~main unbuilt. Th~ should be completed before any consideration of golf course communities elsewhere. Thank you for your consideration of our views. VeD' sincerely, Bradley Comcll EXHIB~,c Prcsidcnt 6'/~) ·~., LA,. Y~,,/.~,,.,,:~t/ie;// t./' 9h'/.,l rY'~'~e, .'~eaet~,9 ,,,,,/..t;,/,,,,,/.n,..,,.,, P.O. Box S ~ 387 * Nap~e$. Florid~ 34~ 01.1387 · (~4~) 84g-gT$4 8B3 M E 1~I ORA N D U 1~1 TO: Board of Count).' Commissioners TltROUGIt: Vincent Cautero, Administrator, Community. Development Environmental Services Division TIt ROUGII: Robert,Fernandez, County Administrator t L~ FROM: Bleu ,~x, ailace, Director~ Utility & Franchise Regulation Departmen SUBJECT: Florida Cities Water Company {Golden Gate Division) DATE: August 4, 1998 Florida Cities Water Company (Golden Gate Division) provides water and wastewater sen'ice to some 2.500 residential, 236 commercial, and 91multi-fmnily customers in the Golden Gate City area. The utility's last fifll rate filing was before the Florida Public Service Commission (FPSC) in 1995. Since Collier County's resumption of regulatory jurisdiction on February. 26, 1996, Florida Cities' rate adjustment filings have been limited to one filing for a Price Index increase of.94% in 1996. There have been two recent pass-through rate reductions; one reduction in 1996, due to full recoupment of rate case expense incurred in its 1992 rate case before the FPSC, and the 1997 regulatory, assessment fee reduction approved by the Board in 1997. Another pass-through reduction is pending, due to the Board's July 28~' approval of staff recommendation to further reduce the regulatory assessment fee to 1.5%. That reduction will be effective October 1, 1998. The only other significant action was Florida Cities' application for territorial expansion of its water and wastewater service area for the area west of Santa Barbara to 1-75. bordered on the north by Green Boulevard and the south by the Golden Gate Canal. This expansion was approved by the Collier County Water and Wastewater Authority in ,',,larch 1997. The expansion allowed the utility to provide service to David Lawrence Center on Golden Gate Parkway. From a customer service standpoint, staffhas received very few complaints from Florida Cities customers over the past two years. 8B3 Proposed Water and Wastewater Territorial Expansion of Florida Cities Water Company (for illustration purposes only) Map of Florida Cities Existine Territory ~erved and Proposed Expansion Are~- LEGEND: Existing Water and Wastewater Territory Proposed Water and Wastewater Territorial Expansion Proposed Wastewater Te~torfai Expansion (not included in water expansion) Fi1 IMMEDIATE RELEASE: Contact: Ja¢,i<;e Fror,k c,--,C ,I ·. ~.,oent Collier County I-.iis,o,'~caJ Society (941 ) 261-8164 or 263-3858 AUGUST 4,1998 Stafemenf: fo be released to fhe media For presentation fo - and to be entered into the record of the Collier County Commissioners SESSION' TUESDAY, AUGUST 4, 1998 ~-.=:-~- -,, t.,-..:, COLLIER COUNTY HISTORICAL W'.~ come t.~.~o, SOCIETY (CCHS). "ro'~ ;-,'-..~y recall, our organization and ils members worke:cj .": ':,,--,-+ ,, ,~,.,,::~. ,,,~, to help establish the Collier County M,Jseum, which !ike tn'~... CCHS, we believe belongs to oil the people of Collier County, and the City of Naples. Our mission, fo bri:%,,, o g:eoter awareness and appreciation for th ~ history -- of o..,.; .::it,/ and our county. To educate children and adults in the i;'?portonce of our traditions and historical values. For, we are ft'~e culmination of all fhof has come before us. Today's society is !omorrow's history. How we distir~guish ourselves, what we leave behind, in large part, marks how we will be remembered. Unli.;<,e the Northeast, in Massachusetts, or other states whose histories dote fo the late 1400's, our recorded history i.q C" , c)l,~er County begins in the lale 1800 s. However, while '¢~'ce ,sro relatively "new" in historical terms, Collier County's i*..i5for'./certainly is worthy of note, deserving of being honored - ."Jr:d preserved. Lest we forget, the simple charming Naples that we Old Timers knew. Almost fifty years ago, when I first orrivea, !his was a for different place than if is today. The piece of ,oaradise we enjoyed as we grew up, is meant fo be she:red ~.;.,. c;li. How selfish, if we kept the memories fo ourselves. Will you preserve a bit of lhe historical, small town charm that brought you, the ¢'~ation, and the ~world lo Naples ? To know the future, '/,e must preserve the past.., for each of us in turn 1o red;scove~, ,,:ee.oing it alive. That is what gives people o lense of belor~ging and communily pride. Naples and Collier County may never regain the serenity of days post, but perhaps small pieces cap stiil be preserved, even restored, before it's too,,~,:'-",-',:. i4. e'p preserve what is left of our historical post - for the be,':e¢it of future generations. /--iow man7 children livinq ? (~p!L?.",_;_o_~:_n_t~' have any_idea what life v/os like here decode; ag~.~_before Hurricane DonnaS. Or, who the ,,,,t Collier County2. pioneers were that As the Collier Coun;y r~;istoricol Society, we ore about more than preservi.ng old h,o,.~ses. Like the estuaries around us, which provide o vital bir.'.?',i,'~'; hooitot for sea and plant life, CCHS con function os a n.., ,¢ ,~.., reservoir, o vital link between the past and the present. ";'/e ,,;ome before you to fulfill our educational mandate, focusing awareness on Collier County's rich heritage. In concert with other ci*,ic organizations, to focus regional, national and inlerr,afionol attention on our distinctive ospecls and oll fhofr. -~,O,-,='? o~'~ ::'gdt!fy important. We ore coming oeic_,r,-..: '~,ou, os the CCHS, requesting TDC funds be allocated, ur:dE;: :.'-:::~legory B, promotional events. More than our bountifu', r~a¢urol beouly and pristine beaches, we ore rich beyond mec~sure i~ the scope of recreational activities we offer. These hove been oromoted world-wide through the et[arts of the C:hom,.':_;er~ at Commerce, EDC and ]'DC. Certainly', ,,qoutk.'.:;'E'-..:.' F: or!da ranks os one of the fop golfing and resort-vocotior, d.'-¢.~:,~ :..;..~o~ ,,. But, os o community, we must also recognize lhe v,,:~iue of c~.~Iture - and cultural activities - and be re.3ognized for ti'~o~ ,os ,~,ell. As few can resist o car:vas or photograph, fo capture our natural beauty, wc.~ ,-:;re ~,¢¢c:omlnq increasingly recognized for our place in the ~;? ?/,,-,,.d. ;,AC.lny of our local artists' works, such os Paul Arseno.',.'il- ~ (:.¢~:, ,:r~o,,vn around the world. In that light, v./e ,,...i~,~. :o c-,.ndge the world of art with our historical endeavor. Acting o'~ a primary sponsor-we propose on annual event, whicr'., would grow into international prominence. Featuring works of art with o historical or archaeological perspective. Depicting moments in history or reflectin9 cultures and art forms that s'nould be preserved, os in aboriginal and native works of or !. Southwest Florida's artists, architects, designers, builders..'lrx:: ~.;roffsmen- would exhibit. Children _'-,'-.f- :~, participate These exhibits will be would be encourc:.:.~..,, . . judged and pre,~":',.'-, '. , ~.,.. ,., -:. ,;wards given. The event' THE NA..P. LES, FL (SWFLA,.Collier County) INTERNATIONAL ART & ARCHAEOLOGICAL EXPOSITION Working in conj,;nc ..";or; v,/ith key organizations, such os the Chambers of~,'-~ .... -;, ;,.;"-,¥-'~...., Naples Art Association, Collier County Museur'r~.. C:BIA. and other civic groups, we propose o week-long event. 'ro be held yearly during May in conjunction with Tropicool. Or netcl in October, if if is deemed o more appropriate time. ?ro,'iding o habitat for artistic expression fo.c. using on pr~sc, r',',-),~!~-;"! ql,qCt restoration. This event will fi!! tho oreo hotels, motels and restaurants with the high caliber visitor ',hot the TDC and bed tax funds were set up to attract. Unlike prev:ous "heads in beds" promotions, our event will del~,/,-;., !t-,c.? 'cr~-:'r~e de Io cr~me visitors, who will fill area hotels an(J r..:z.~,t,::~d~',.-~r:ts, for a week to ten days, and will also bring a tobc. i", (;.i' pcnoche. To do anything on o world class scale, ce!ei.:rTtie'~ ,ar,ct people of prominence must be in attendance. With il,e i*C.-.;A tournament, you had the !uminories of golf. If we were .rJo;: :g lireworks, we would retain George Plimpfon, who received much acclaim for his exciting and beautifully-orchestrated fireworks extravaganza, celebrating BrooHyn Bridge" Cc:~"te, :,-,;al Anniversary. We intend to bring celebrities and :.;r c,: ,)~ .'..--.,:, of the Art and Archaeological world fo Naples for th;~ e'.,'er~: Our International Art & Archaeological Exposition will be widely publicized around the world. Using our new historical web sile, as well as Naples-based, and other world-wide web sites. Our local art ossoci,oti,'-:n~ gnd designers would co-ordinate with worldwide art associations and publications. We will work closely with Archaeological Digest, and other prominent fe3ture magazines, (as 'well as travel agencies, airlines or',d hotel associations. Aside from the:',.,f,_,, e,, ...,-', - '-' :: ,',;toned' promotional tools, we are fo'mu!oting pioc. s :o .il; r-., a series of documentaries, and docu- dramas, some o! ',,.'hie;-. wi!l be recreations based upon Maria sro)he's historicc;~ c,'ar;',cti',,es, from her books, Naples Post and Present, The Coxornbos Kid I & II, Dwellers of the Sand and Sawgrass. These d.,.,..-':umentaries and docu-dramas ore meant fo' airing on A&E, The History Channel and PBS. With this in mind we come b~;....~ you, os CCHS requesting TDC funds in the amount of ~,-,.r.. r',r,r, ~..,,,,~,,.,,,~, annually, for five years, to fund the annual events c,'n,~ documentaries, wilh subsequent renewals contingent upon the s,Jccessfui.result of the preceding year's event. W'- thank you f(.; .,'.:: ..;: ,..,ms,cteratlon, and trust that you will give our request ",:":"'- t~,b ' ' .~._., ~,.~ ~;;(.~,'::~loruration as we feel our proposal embodies the mc;~',(;c~,'= ~or use of TDC funds. Respectfully sub,'nitt.':~.~.,-.'l (~nd signed: Jockie Cop._.e_LLe_- !:.r~t::!.~. President Co~lLe!_¼.p!_,.!L,y ,~istorical Society And, o Naple.s_L'' '" ' ~. ~.;:.-_:..c.i~:p_~ s;nce lhe late -1940's. s. ent Dy: HL,! 9415438331 Pll OfflclaJ B3110t NON-PAI~TISAN PRIMARY Collier County. Florida - Seplember 4. 1990 REFERENDUM ELEC~ON TO APPROVE THE LEVY OF 3% TOURIST DEVELOPMENT TAX SH/,LL COLLIER COIJNI'~ ORCfN,N'4CE hO ~ BE AP.~O',~:~ TC I.~,Y, e.~'3SE ~ F.c'-T A ON AHY UV~NG OUART~P,S C~ AC.4:~MMO~ATiONS ~1 A,NY hO.'~:.L. MC~'E. =L. RE,SC,qT. AFA,R-M EhrT,. ROC.,M;NQ HOUr, MOBILE H~-..,ME PARK. REC~E. AT;ONAL ",/"~'"~.C~ PA,qK. CR CO.',,D(~L41NIIJM FC~ A 'F~RM C.~ ~X MONTH,~ CR LESS FOR Ft'CANC, ING B~.CH 204 ~ 205--),, C OUNTYV,'tDE EXHIBIT P12 GENERAL ELECTION COUNTYWIDE REFERENDUM REFERENDUM ELECTION TO APPROVE THE L£VY OF 2% TOURIST DEVELOPMENT TAX STRAW BALLOT F.,~ALL T,~E 50AFRO G~ COLINT"V CCMM,SStO.~;ERS V~TE TO LEW ~ A~D~I0%~L CE.'. ltC T..~ CA:G;NAL ~,YO ~RCE~ TC~T C~LO~JE'~T f~ CH ~CH DCL~ qF T~E ~ ,, T C ~A3 g~ ~ ~C~:~;GHOUSE. MCEILE ~CME P~. ~ECR~TICh'~L '~HICLE P~K. Ce CSt~DCM ~: .M :C~ A =.~J~',CE ~E CO~,S~LC~C,: Cr A Pfi~ESSIC',AL eAS~LL F~AUCH'~ rAc:Ll~r~ YES 226 ~ NO 227 ~ CC U~ ,-Y','vfCE c) 0 LEGAL SERVICES AGREEMENT THIS LEGAL SERVICES AGREEMENT (hereinafter referred to as thc "Agrccmcnt") made and entered into this -5'" '" day of ~/~fz..J~_ .. ,1998, by and bctwccn the Board Of County Commissioners, (hereinafter referred to as the "Board" and/or "County"), and Lawrcnce S. Pivacck, Esquire (hereinafter also referred to as "Counsel"). \VHEREAS, Lawrence S. Pivacck, during his employmcnt as an Assistanl County Attorney to the County Attorney to the Board was principally involved and responsible to represent the Board's interests in certain "covered" and "non-covered" cases; and WHEREAS, the County Attorney and the Collier County Risk Managcmcm Dircctor in consultation with the County's insurancc administrator, have detcrmincd that thc Cotmty's intcrests arc better sera, cd for Lawrence S. Pivacek to be approved as the attorney of record on bchalfof Collier County on certain covered cases and provide professional legal services; and NO\V. YttEREFORE. thc parties hereto, in consideration of thc prcmiscs ami thc covcnants contained herein, mutually agree as follows: A) Counsel is hereby retained by the Board to represent the Board in all matters relating to any court proceedings, negotiations and settlement of the following cases that are currently pending that have been filed against Collier County: /? Lave~vte Blanford v. Collier Cottnty. et al., Case No. 97-209-CIV-FTM-26D 2~ Robert Richman v. Collier CottnO'. et aL. Case No. 97-419-CIV-FTM-23 3) Steven Newton, et al. v. Collier County, et aL, Case No. 96-2470-CA-01-TB . 4)Bambi ltenderson, et aL v. National Fairways. Ltd.. & Collier Cot,tO,'. Case No. 97-3387-CA-01-DRM Page ! of 6 5) 6) B) C~ D) E) State Farm Mtttual btsurance Company v. Collier County, Case No. 97-22 i 9-CA-01-TB Pard Lashbrook, ~Is/Ithninistrator/Ind Personal Representative Of The Estate Of An¢ieto Ahtteo Gaspar Francisco. et al., v. Collier Gott.t3'. et al., Case No. 98-1903-CA ?) /'cnm' Rodriquez v. Collier C'ottnty, Case No. 97-0060-CA-01-TB Counsel shall prepare all legal documents, correspondence, communications, crc. and attend all negotiation meetings, settlement conferences, court hearings and trials necessary to bring the above-listed cases to closure. Apart from Counsel's responsibilities pertaining to the cases listed hcrcabovc, Counsel is retained for potential legal consultation services and on an as-needed basis as determined by the County Attorney, over a period ofnot more than six (6) months from the date of this Agreement. The Board hereby agrees to pay Lawrence S, Pivacek as compensation for legal services rcndercd at thc rate orS100.00 per hour, The Board hereby agrees to reimburse Lawrence S. Pivacek for actual costs incurred including costs of out-of-county travel, mailing, copies, facsimiles, telephone and document transmittal expenses (e.g., "Federal Express," etc.) incurred pursuant to this Agreement, provided that such costs are supported by appropriate documentation submitted to the Risk Management Department and reviewed and approved for legal sufficiency by the County Attorney. The use of a multiplier for these expenses/production costs is not allowed. Per diem and travel expenses will be reimbursed in accordance with Section 112.061, Florida Statutes, entitled Per Diem and Travel Expenses of Public Officers, Employees and Authorized Persons, as amended. This requirement currently Page 2 of 6 F) G) includes, but is not limited to, expenses such as automobile travel expenses reimbursement at S0.29 per mile and meal expenses reimbursements at the following rates: Breakfast $ 3.00 [.unch $ 6.00 Dinner $12.00 A statement or invoice for legal services and direct costs incurred by Lawrence S. Pivacck shall be billed to the Risk Management Department on a monthly basis. All invoices shall contain, at a minimum, the following information: l) Thc proper name el'thc payee as it appears in the Agreement; 2) The date of the invoice; and 3) The description of services and the time period in which billable services were rendered. All payments and tile resolution of any disputes regarding such are subject to and shall, be processed in accordance with Chapter 218, Part Vii, othenvise known as "Tile Florida Prompt Payment Act." Cot~nscl shall be solely responsible to parties with whom he shall deal in carrying out the tcn~ls of this Agreement and shall not subcontract his responsibilities to Ihe Board under this Agreement. Counsel shall carry Lawyer's Professional Liability insurance in an amount not less than $500,000 per occurrence. An insurance certificate evidencing this tawycr's Professional Liability insurance requirement shall be tendered to tile Collier County Risk Management Department within fourteen (14) days of the date of this Agreement. Current, valid insurance policy(ies) meeting the requirement herein identified shall he mai ntained by Counsel during the duration of this Agreement. Renewal certificate(s) shall be sent to tile County thirty (30) days prior to the expiration date(s) on any such Page ~ of 6 I) policy(ies). There shall be a thirty (30) day notification to the Board in Ihe event of cancellation or modification of any stipulated insurance coverage. Counsel shall protect, defend, indemnify, and hold the Board and its ofl'iccrs, employees, and agents harmless from and against any and all losses, penalties, damages, professional fees, including attorney fees and all costs of litigation and judgments arising out o f any willful or intentional misconduct, negligent acts or error or omission of Counsel, his subconsultants, subcontractors, agents or employees, arising out o for incidental to the performance of this Agreement or work performed thereunder, including any claim(s) brought against the County, its officers, employees, or agents by any employee of Counsel, any subconsultants, subcontractor, or anyone directly or indirectly employed by any of them. Counsel's obligation under this provision shall not be limited in any way by thc agreed-upon total contract fee specified in this Agreement or the Counsel's limit of, or lack of, sufficient insurance protection. The parties agree that one percent (1%) ofthe total compensation to Counsel for performance of'services authorized by this ;.greement is speci tic consideration for Counsel's indemnification of Ihe County. This Agreement shall be administered on behalf of the County by the Risk Management Department in coordination with the County Attorney. Counsel agrees to obtain and pay for all permits and licenses necessary for the conduct of his business and agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by Counsel. Counsel shall also be solely responsible lbr payment ofany and all taxes levied on Counsel. In addition, Counsel shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. Page 4 of 6 K) Either party may terminate this Agreement for convenience with a minimum of forty-five (45) days written notice to the other party. The parties shall deal with each other in good faith during the forty-five (45) day period after any notice of intent to terminate for convenience has been given. The County reserves the right to terminate this Agrccmcnt immediately, for cause, upon written notice to Counsel. L) In addition to paragraph I, above, the parties hereto expressly recognize and delegate to the County Attorney the authority to remove any and all of the aforelisted cases from Counsel to become the responsibility of the County Attorney on behalf of thc Cott nty. The removal of any such case shall be noticed to Counsel in writing by the Cot,nty Atton~cy, and Cot, nsel shall timely assist in the transfer of said cases to the County Attorney. M) Notwithstanding Counsel's obligation under this Agreement to provide professional legal sen'ices to the County for the specific cases identified in Paragraph A of this Agreement, Ihe County acknowledges and agrees that Counsel may take positions ndvcrse to the County on any matters or in any cases that are unrelated to the cases identitied in Paragraph A of this Agreement and hereby expressly waives any claim o C con flier of interest in any and all such circumstances. However, under no circumstances shall Cot,nsel represent any person or entity in any personal injury or human resot,rce (employment) claim, cause of action or litigation against the County for the duration of this Agreement. l'r IS FURTHER UNDERSTOOD AND AGREED, by and between the parties herein, that the Agreement is subject to annual appropriation by the Board of County Commissioners. Page 5 of 6 IN WITNESS WHEREOF, Counsel and the Board, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. WITNESSES: (Printed wimess signature) (Printed witness signature) LAWRENCE S. PIVACEK Lawrence S. Pivacck, Esquire ATTEST: DWIGHT E. BROCK, CLERK David C. Weigel ~ County Attorney h:dda/Agrccrt~'ms Pr,'acck l.cgal SoP. ices BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA 'BA~BAR/N BTBER~Y, CH~i~ Approved by: JffffWalker, ARM Risk Management Director Page 6 of 6 Jul.,,' 31. 1998 Ms. Barbara Berw, Chairman Board of County Commissioners 3301 E. Tamiami Trail Naples. t:l. 341 i 2 lOAa THE CONSERVANCY Of S()uthwest Florida 1.lq~ Mcmhu¢ Drive Dear Chairman Berry: On behalf of our 5.500 family members. 670 volunteers, and 32-member Board of Directors. The Conservancy of Southwest Flarida supports county slaws recommendations that vmuld sunset both thc Environmental Policy Technical Advisory Board (EPTAB) and the F. nvironmcntnl Advisory Board (EAB) in favor of one comprehensive board, l lowever, we believe thc functions of EI'TAB must not be compromised in the formation ora new "super" environmental board. The new environmental board must be sanctioned and encouraged to pursue the advisory role that EPTAB currently performs. One advison.' board wilh both functions and rolcs would be much more efticJent and. we believe effective, than the dMded roles now held. We understand that EPTAB was created in 1991 pursuant to tho ('omprchensivc Plan of 1989. EPTAB functions "to advise the Board of County Commissioners on issues related to preservation, conservation, protection, management, and beneficial use of thc physical and biological natural resources of the county." EPTAB also "advises and assists thc county staff and board toward developing the purpose, intent and criteria of all county ordinances, policies, programs and other initiatives dealing v, ith natural resources." This mandate for a policy advisory board is obviously broad and ail-encompassing relating to natural resources in thc count.,,'. It is the only board that currently performs such a function. In contrast, thc EAI3 was created to "review and recomm.cnd stipulations addressing thc preservation, conservation, protection and management and beneficial usc of thc county's physical and natural resources for petitions and/or plans for selected development orders." Thc EAB functions to "implement any new programs, ordinances, and/or policies created through EPTAB and adopted by the Board of County Commissioners." We believe that there would be two key advantages of a combined board. 1. At present, there is little communication between EPTAB and EAB, resulting in a disconnect between the policy advisor' process (EPTAB) and the application of those policies ('F. AB). A combined board would provide this missing link, providing a means to better evaluate and improve policies on an ongoing basis. For example, at present EAB might approve ora project's 25 foot buffer around a natural preserve if it complies with a particular rule, but it would be rare that EAB would discuss and make recommendation~ a~ lo whether the 25 foot role is appropriate. A combined board would provide for an efficient policy evaluation. 2. A combined board would be more efficient. Support staffcan be used more efficiently if they Bb, l.m~ n, ~,,u~,'r~ c thc/.,,d. ,'~. ,'mtr.ntm'*md qJmli~, ~ administer only one board. Natural resource staffwould be working more closely xvith development permitting staff, thereby increasing the effectiveness of the policy recommendations. Some I'~1"1':\I?, members have resisted tile idea of transferring I-.'PTAI½'s responsibilities to another board, new or existing, because they feel time will not permit another board to perform those functions considering tile scope of work assigned to FPTAB. Currently, El'TAP, has three working subcommittees and a steering committee. EAB has no working subcommittees that deal with environmental policy issues. The new board must allow for working subcommittees on policy issucs related to permit review as well as natural resource protection. Additionally. during discussions about the effectiveness of F. PI'AB. some members, current and past. have expressed concern that they are not effective as a board. Being an effective t,oard ma)' not mcan that the Count)' Commission implements eyeD' recommendation. It is Ibc purpose of the board to comment and advise on issues, which EPTAB has done vcn.' well for seven )'ears. Regardless of thc outcome of a recommendation, the input is essential in the process. The Conservancy believes the recommendations of an environmental board arc important input into the decision process v.'hich should not be eliminated. Additionally. we believe that members of any technical advisory board should I,c selected based on their technical qualifications. It is disconcerting that well-qualified applicants have been passed over Ibr applicants who meet none of the qualifications listed in the board's ordinance. Some ('o:nmissioners have commented that "lobbyists" ',,,'ho testify in front of thc B('C at regular meetings or represent "special interests" should not be selected to advisory boards, if this selection poi icy had been used consistently, then the Development Sen. ices Advisory Board (DSAC) would not have land use attorneys and engineering consultants as members, let alone as chairman and vice-chairman. Many of the members of DSAC regularly appear betbre the BCC on behalf of their clients. Therefore, we believe that the BCC must create selection criteria and policies v, hich select the most qualified applicants. Finallv. we believe it is important that our government has the best technical information by which to make decisions. \Ye ask that whatever your decision you maintain a strong technical advisory capacity on issues related to growth and the environment. Thank you fi~r this opportunity to provide comment. Sincerely. / .- ,David l'~. (~g.~nhein, Presidcm and CEO CC: Timothy f lancock. Commissioner l'amcla MacKie. Commissioner 'l'mmthy Constantine, Commissioner John Norris. Commissioner Vince Cautero. Director of Development Sen'ices. Collier County NapLes DaiLy Ne~s Naples, FL 339~0 Affidavit of Publication Naples Daily Neus BOARD OF COUNTY COflH[SS[ONERS ATTN: NANCY SALOGUB PO BOX 41~O16 NAPLES FL 34101-3016 REFERENCE: 001230 #802315 57'/2/.315 NOTICE OF PUBLIC HEA State of FLorida County of Collier Before the undersigned authority, personally appeared B. Lamb, ~ c~ oath says that she serves as the Assistant Corporate Secretary of the Naples Daily Ne~s, a daily nevspaper published at Naples, in Collier County, FLorida: that the attached copy of advertising vas published in said newspaper o~ dates listed. Affiant further says that the said Naples Daily Heys is a newspaper published at Naples, ~n /aid CoLLier County, FLorida, and that the said newspaper has heretofore been continuously published in said Collier County, FLorida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publfcatto~ of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or coporatto~ any discount, rebate, comaissic~ or refund for the purpose of securing this advertiseleflt for pubLicaticxq in the said nevspaper. PUBLISHED C~: 07/2/* AD SPACE: 96.000 FILED ON: 07/2/,/98 Signature of Affiant S~orn to and Subscribed before me this 2 '~ day of ':~/.~ '19_.~0~ Persoqqa L Ly knoqm by me NOTICE Of= PUBLIC HEARING ~ vail bocci a ~ I Floor, Administration I~ll~n~ ~lle~ ~ I~ T~ Tr~, ~ e pur~ ~ ~1~ ~ W~ ~ Woste~ A~'S r~ r~ lng ~ ~pll¢~l~ f~ lecflon system and m~ ~ ~11~ W~/~ D~ I0 will become the ~ ~lce ~ rider for the former R~kery Boy Services, A~'s r~ ~ ~ r~d, ~ ~ fne application for merit of Utility ondl Franchise Regul~l~, I Regulation at (9411 ~4-1D7. Wr~en ~. vag be ~ ~ c~ ~ ~ ~ ~C~ ~~Y, ~A B. ~RY, DWIGHT E. BROCK~ ~ ~ 124~ (:h~clud~nq tt~Ls cover) ili111111111111111111111111111111111111111111111111111111111111 TO= LOCATION~ ~ ~T ~S F~ ~O. ~ 263~8~ Ilililililllillilillilillillilllillilllllli'iiillliliilllllillil ELLIE HOFFHAN - NIHIFfES & ~ LOCATION= Collier county COurthouse ,,~ FAX P~Om~':Ho: (813) 774-8406 Dae~--~ent: ~ July 17, 1998 Ms. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 33940 Re: Notice of Public Hearing to Consider the Transfer and Purchase of the Rookery Bay Services Wastewater System Dear Judi: Please advertise the above referenced notice one time on Friday, July 24, 1998, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely~ Ellie Hoffman, Deputy Clerk Purchase Order No. 802315 I ]mmm NOTICE OF PUBLIC IIEARING NOTICE is hereby c, iv,.n that the Board of County Commissioners of Collicr Count,,' will hold a public 'n.-ann_~"" ' ,, on Au.oust. 4. 1998, in the Boardroom..,"rd Floor..Administration Building. Collier County Government Center, 3301 E. Tamiami Trail. Naples. Florida 34112. The meeting will begin at 9:00 a.m. The purpose of the heating is to consider the Collier County Water and Wastewater Authority's recommendation regarding an application for transfer and purchase of the RookeD' Bay Services, Inc. wastewater collection system and sen, ice area by Collier County. Should the application for transfer/purchase be approved by the Board of Commissioners. the Collier County Water/Sewer District will become the wastewater sen'ice provider for the former Rookery Bay Sen'ices, Inc. wastewatcr customers. All interested parties are invited to appear and be heard. Copies of the Authority's recommendation, the record, to include the application for transfer/purchase of the Rooker?.' Bay Sen'ices, Inc. wastewater collection system and sen'ice area arc available for public inspection at the Department of Utility and Franchise Regulation, Suite 203, Administration Building (F), 3301 E. Tamiami Trail, Naples, Florida 34112, between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday. Any questions regarding this action should be directed to the Department of Utility and Franchise Regulation at (941) 774-8577. Written comments filed with the County will be considered by Staff, and by the Board. and will become part of the official record. If a person decides to appeal any decision made by the Authority with respect to any matter considered at such meeting or hearing, he/she will need a record of the proceedings, and for such purpose he/she will need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. BOARD OF COUNq-Y COMMISSIONERS COLLIER COUNTY, FLORIDA BARBAI:L4 B. BERRY, CHAIRMAN Di41GHT E. BROCK, CLERK By: /s/Ellie Hoffman, Deputy Clerk (SZAL) July 17, 1998 Rookery ~ay Services, Inc. 801 Laurel Oak Drive, Suite 710 Naples, FL 34108 Re: Notice of Public Hearing to Consider the Transfer/Purchase of Rookery Bay Wastewater Collection System Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, August 4, 1998, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Friday, July 24, 1998. You are invited to attend this public hearing. Sincerely, El!ie Hoffman, Deputy Clerk Enclosure COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISLNG OF PUBLIC ilEARINGS To: Clerk to the Board: Please place the following as n: [] Normal legal Advertisement (Display Ads'.. location, etc.) Other:. Public Hearing Originating Dept' Div: Utility 8: Franchise Regulation Person: Bleu Wallace Date: July 10. 1998 Petition No. fl f none, Dye brief description): Public tlearing for BCC to consider recommendation of Collier County Water & Wastcwatcr Authority. regarding the transfer;purchase of Rookery Bay Services, Inc. wastcwatcr collection system and service area by the Collier Count)' Water/Sewer Dismct Petitioner: (Name & Ackl~ess): Rookery Bay Services, Inc., 801 Laurel Oak Drive, Sutie 710, Naples, FL 34108 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Hearing before X BCC BZA Other Requested Ifcaring clare: August 4. 1998 (Based on advertisement appeari(g_~l~days before heanng. Ncwsp.~pcffs'l to be used: (Complete only if important}: J( Naples Daily [] [2] Legally Required News Other Proposed Text: (Include legal description & common location 8: SD.e: See Attached Companion petition(s), if any & proposed hearing date: N/A Does P-ctition Fee include advertising cost.'? l'7f'Yes account should be charged for advertising costs: 669-1(10220 R4~w>~by: } //~ Approved by: / ~l~'~'zs~n~~ Date County Manager Date List Attachments: DISTRIBUTION INSTRUCTIONS A. For hearings before gCC or BZA: initiating person to complete one coy and obtain Division llead approval before submitting to County Manager. Note: If legal document ts Involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to CounPff Manager. The Manager's office will distribute copies: [] County Manager agenda file: to Clerk's Office Fl Requesting Division f-I Original B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. FOR Dar. Received: ~q~Z Date 0f Public hear in,: ~/Kh/ D., A~e,is.d: ~/~/~ '~ CLERK'S OFFICE USE ONLY: , ~- ~'~ RESOLUTION NO. 98- A RESOLUTION OF COLLIER COUNTY, FLORIDA, PURSUANT TO SECIION 1-19, COLLIER COUNTY ORDIN..MNCE NO. 96--6, AS AMENDED, APPROVING TIlE TRANSFER OF WASTEWATER COLLECTION SYSTEM AND WASTEWATER SERVICE AREA FROM ROOKERY BAY SERVICES, INC. TO COLLIER COUNTY, SUBJECT TO SUBSEQUENT APPROVAL OF TIlE AGREEMENT OF PURCHASE AND SALE OF WASTEWATER ASSETS BY AND BETWEEN ROOKERY BAY SERVICES, INC. AND TIlE COLLIER COUNTY BOARD OF COMMISSIONERS AS THE GOVERNING BODY OF COI.LIER COUNTY AND EX-OFFICIO TIIE GOVERNING BOARD FOR TIlE COLLIER COUNT WATER-SEWER DISTRICT. WItEREAS, Resolution No. 96-104 excluded Collier County from the provisions of Chapter 367. Florida Statutes, thereby assuming certain subject matter jurisdiction over non-exempt v.'ater and v.'astcwatcr utilities operating in unincorporated areas of Collier Count,.': and WIIEREAS. Ordinance No. 96-6, as amended, established thc Collier county Water and Wastewater Authority (AUTHORITY) and specific powers and duties; and WIt EREAS, on March 10, 1998, the Board of County Commissioncrs (BOARD) approved the transfer of Certificate No. 06S and sale ofwastewater assets from Rookery Bay Utility Company, Inc. to Rookery Bay Sen'ices, Inc. for the continued provision of wastcv.'atcr treatment scm'ice in specific unincorporated areas of Collier County: and WItEREAS, Ordinance No. 96-6, as amended, provides a process for utilities under local jurisdiction to file an application for transfer of water andior wastcwatcr certificate, facilities, or control; and WlIEREAS, on July 7, 1998, an application for transfer of wastewater collection system and v,'astewater service area was filed by Rookery Bay Sen'ices, Inc. (TRANSFEROR) to effect the transfer ofthe wastewater collection system and wa3tewatcr service area to Collier County (TRPuNSFEREE); and WtlEREAS, on July 27, 1998, the AUTHORITY held a duls' advcrtiscd public hearing to consider said application, the record, staff report, testimony of the TRANSFEROR and TRANSFEREE representatives, and public comment; and WIIEREAS, the AUTHORITY issued its Preliminary Order No. 98-2, incorporated herein as attachment "A", recommending that subject to evidence and argument, if any. admitted at a pubiic hearing conducted by the BOARD, adopt findings of fact and conclusions of lax,,', essentially as were found by the AUTHORITY, that Collier County's transfer and purchase of the Rookery Bay Services, Inc. certificated wastewater sen'ice area, facilities, and control of said facilities is in the public interest. WHEREAS. the ALTHORITY'S Preliminary Order No. 98-2 further recommends BOARD approval of Collier County's transfer and purchase of thc RookeD' Bay Services. Inc. v,'astewater service area and wastewater collection system, more particularly described by the application for transfer and the record. ,'OW, TtlEREFORE. BE IT RESOLVED BY TIlE Board of County Commissioners of Collier Count>', Florida., that: The AU'THORITY'S Preliminary Order No. 98-2, including the findings of fact and conclusions of lax,.', is hereby approved and adopted by the Board of County Commissioners. Pursuant to Section t-19. Ordinance No. 96-6. as amended, and Section 125.3401. Florida Statutes. the transfer ofthe Rookery Bay Services, Inc. wastewater collection system and wastewater service area to Collier County is approved. 3. This action shall be effective on the date ofclosing. This Resolution adopted this da)' of second and majority vote favoring same. ,1998, after motion, ATTEST: DWIGttT E. BROCK. CLERK BO.MID OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORI DA by: Deputy Clerk Approved as to form and legal sufliciepey: '--- Thoma.s C, Palmer Assistant Count,,,' Atlomey by: BARBARA B. BERRY, CIIAIRMAN RESOI.UTION NO. 98- 296 A RESOLUTION OF COLLIER COUNTY, FI.OR. IDA, PURSUANT TO SECTION 1-19, COI.LIER COUNTY ORDINANCE NO. 96-6, AS AMENI)ED, APPROVING TilE TRANSFER OF WASTEWATER COLLECTION SYSTEM AND WASTEWATER SERVICE AREA FROM ROOKERY BAY SERVICES, INC. TO COLLIER COUNTY, SUBJECT TO SUBSEQUENT APPROVAL OF TIlE AGREEMENT OF PURCIIASE AND SALE OF WASTEWATER ASSETS BY AND BETWEEN ROOKERY BAY SERVICES, INC. AND TIlE COI.LIER COUNTY BOARD OF COMMISSIONERS AS THE GOVERNING BODY OF COl.l.! ER COUNTY AND EX-OFFICIO TilE GOVERNING BOARD FOR Tl l E COI.I.I ER COUNT WATER-SEWER DISTRICT. WIIEREAS, Resolution No. 96-104 excluded Collier County from the provisions of Chaptcr 367, Florida Statutes, thereby assuming certain subject matter jurisdiction over non-exempt water and wastewater utilities operating in unincorporated areas of Collier County; and WilEREAS, Ordinance No. 96-6, as amended, established the Collier county Water and Waslewater Authority (AUTHORITY} and specific powers and duties; and WIIEREAS, on March I0, 1998, thc Board of County Commissioners ([IOARD) approved tile transfer of Certificate No. 06S and sale ofwaslewater assels from Rookery Bev l.;tility Company, Inc. to Rookery Bay Services, Inc. for thc continued provision of wastewater treatment service in specific unincorporated areas of Collier County; and WIIEREAS. Ordinance No. 96-6, as amended, provides a process for utilities trader local jurisdiction to file an application for transfer of water and/or wastcwatcr ccr~i ficate, facilities, or control; and WIIEREAS. on July 7, 1998, an application for transfer ofwastewater collection system and wastewater sen'ice area was filed by Rookery Bay Services, inc. (TRANSFEROR) to effect the transfer of the wastewater collection syslem and wastewater sen'ice area to Collier County (TRANSFEREE); and WllEREAS, on July 27, 1998, the AUTHORITY held a duly advertised public hearing to consider said application, the record, staffreport, testimony of the TRANSFEROR and TRANSFEREE representatives, and public comment; and WHEREAS, the AUTHORITY issued its Preliminary Order No. 98-2, incorporated herein as attachment "A", recommending that subject to evidence and argument, if any, admitted at a public hearing conducted by the BOARD, adopt findings of fact and conclusions of law, essentially as were found by the AUTHORITY, that Collier County's transfer and purchase of the Rookery Bay Services, Inc. certificated wastewater service area, facilities, and control of said facilities is in the public interest. WIlEREAS, thc AUTHORI/Y'S Preliminary Order No. 98-2 further recommends BOARD approval of Collier County's transfer and pumhase of the Rookery Bay Services, Inc. wastcwater service area and wastcwater collection system, more particularly described by the application for transfer and the record. NOW, TIIEREFORE, BE IT RESOLVED BY THE Board of County Commissioners of Collier County, Florida, that: The AUTHORITY'S Preliminary Order No. 98-2, including the findings of fact and conclusions of law, is hereby approved and adopted by the Board of County Commissioners. I Pursuant to Section 1-19, Ordinance No. 96-6, as amended, and Section 125.3401, Florida Statutes, thc transfer ofthe Rookery Bay Services, Inc. wastewater collection system and wa~ewater service area to Collier County is approved. 3. This action shall be effective on the date ofclosing. This Resolution adopted this ~ day of ~_~v.~, 1998, after motion, second and majority vote favoring same. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA .D~uty Clerk- At.t.e*st as ~o Chalr~Mtl'$ AS t~nat~we pprove? as ~g ~ ~d legal sufficient: Thomas C. Palmer Assistant County Attorney Naples DaiLy Ne~s Naples, FL 339~0 Affidavit of PubLication Naples Daily News BOARD OF COUNTY COr~HISSiONERS ATTN: NANCY SALOGUB PO BOX ~13016 NAPLES FL 3410~-30~6 REFERENCE: 001230 4082101106481 57724117 NOTICE OF PUBLIC HEA State of Florida County of Collier Before the undersigned authority, personally appeared B. La~, wt~> on oath says t~t she servel as the Assistant Cor~rate Secretary of the Daily H~s, a daily n~s~per ~blt~h~ at in Collier C~nty, Florida: that the attach~ c~y of ~dvertisi~ was ~blish~ in $~td n~s~r ~ dates list~. Affiant further says that the said t~p~es Daily N~s is · n~speper ~blish~ at ~ap~es, in said Collier C~nty, Florida, a~ that the said n~s~per has heretofore been c~tin~sly ~Lish~ in said Collier County, Flori~, each day ~ ~s be~ enter~ as sec~ class ~tter at the ~st office in Naples, Jn Co~Jer C~nty, Florida, for ~ ~rJ~ of 1 year next prec~i~ the first ~blicatJ~ of the attach~ copy of advertisement; a~ affiant further says that she has neither ~Jd ~r pr~is~ any parse, firm or co~rati~ any distant, recta, commission or refu~ for the ~r~se of securing this advertisement for ~blJcati~ in the said newspaper. PUBLISHED ON: 07/24 AD SPACE: F%LED ON: INCH O?/~/eB Signature of Affiant Sworn to and Subscribed before me this.~F Persn[Ly known by me hearlr~, o~ ~ TUE,~Ay~ AUO4JST 4~ 1990, NOTE: All persons mlnls~ofor Persons wishing to a' ml~m~ ~ 3 PAGES ~..___~_~ ~ (Including ~hts cove~) ~' I!illli11111111111111111111111111111111111111111111111111111111 FAX NO.: CO~DAENTS: 263-4864 ,) . IIIII!ii11111111111111111111111111111111111'1ii11111111111111111 FROM: LOCATION: Collier County Courthouse FAX ,0: (813) 774-8408 , PHONE'NO: (813) 774-8406 12:~9 10:19 10:44 Da~~oent: ~° 03' 36 ~'01'59 July 20, 1998 Ms. Judith FlanaGan Naples Daily News 1075 Central Avenue Naples, Florida 33940 Re: Notice of Public Hearing to Consider the Purchase Agreement Between Rookery Bay Services, Inc. and Collier County Water-Sewer District Dear Judi: Please advertise the above referenced notice one time on Friday, July 24, 1998, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Ellie Hoffman, Deputy Clerk CharGe to 408-210110-648110 NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County, will hold a public hearing on TUESDAY, AUGUST 4, 1998, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The Board will consider a purchase agreement between Rookery Bay Services, Inc. and Collier County Water-Sewer District: Adopt a Resolution approving the findings and facts relating to the Rookery Bay Franchise Service Area sales transaction; and approve a phased-in approach to user rates. NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted !0 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective Dublic hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BARBARA B. BERRY, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Ellie Hoffman, Deputy Clerk (SEAL) COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: Normal letal Advertisement Other: (Display Adv., location, etc.) Originating Dept/Div: Public Works/Operations Person: Ann Marie Saylor ~ Date: 7/16/98 Petition No. (If none, give brief description): Resolution Petitioner: (Name & Address): Ed llschner, Public Works Administrator 3301 East Tamiami Tr. Naples, Fl. 34112 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separme sheet) none Hearing before BCC BZA Other Requested Hearing date: (Based on advertisement appearin I~days before hearing. Agenda date 8/4/98 Newspaper(s) to be used: (Complete only if important): Naples Daily News Other Legally R~uired ~oposed Text: (Include legal description & common location & Size: APPROVE THE PURCHASE BE'i"~EN ROOKERy BAY SERVICES, INC. AND COLL~ COLrN'I~ WA~-SEWER DISTRIC'f: ADQPT A RESOLUTION APPROVING THE FINDINGS AND FACTSlt~ATINO TO THE ROOKI~Y BAY FR3~CHISE SERVICE AREA SALF~ TRANSAGI'ION: AND APPROYE A PI'LASE IN APPROA~ TO IJ~ER Companionp~ition(s), ifany&proposedhearin~dat~.,.~:.,~ :.., :.~.~ .. , .; .... Does Petition Fee include advertising ~ Yr4 Account should be cha~ed for advertising co~ Reviewed by ' Approv~ by:, ~ e; ...... :' - List Attachments: DLqTRI1HJT/ON IN~rRUCTIO~ L A .F. or h. earmgs before Bec or BZA: lattlattng person to eom?.lete one ~ ~md obtain ~ ';,~7~: t~eao approval before submitting to County Manager. Note. Illegal document is Involved, be sure that any necessary legal review, or request for same, is snbmitted to County Attorney before submitting to County Manager. The Manager's office will distribule copies: County Manager agenda file: to Requesting Division Original Clerk's Office B. Other hearings: Initiating Division head to approve and submh original to CleriC's Office, retaining a copy for file FOR CLERK'S OFFICE USE ONLY: Date Received: ~/)/~//.9 ./9" Date of Public hearing: .....,~.~'¢///~'f Date Advertised: RESOLUTION NO. 98- .-\ RESOI.UTION BY THE BOARD OF COb~TY CO.MMISSIONERS OF ('OI.LIER COUNTY. FLORIDA. AS TIlE GOVERNING BODY OF COLI.IER COUNTY AND AS EX-OFFICIO TIlE GOVERNING BOARD OF TIlE COLLIER COUNTY WATER/SEWER DISTRICT; PROVIDING FINDINGS PURSUANT TO SECTION 125.3401, FLORIDA STATUTES; DETERMINING TIlE ACQUISITION OF THE PURCHASE OF THE ROOKERY BAY WASTEWATER SERVICE TERRITORY IS IN TIlE PUBLIC IN'FI';REST. CONSIDERING CERTAIN MINIMUM CRITERIA AND STATUTORY POINTS OF CONSIDERATION AND MAKING AND ADOPTING A .'-;1'ATEMENT TItAT TIlE PURCHASE AGREEMENT IS IN THE Pi/BI.lC INTEREST. INCLUDING A SUMMARY OF THE COUNTY'S EXPERIENCE IN WASTEWATER UTILITY OPERATION AND OF FINANCIAL ABILITY 'FO PROVIDE SUCH SERVICES AND PROVIDE FOR PHASED-IN USER RATES. BE IT RESOLVED BY TIlE BOARD OF COUNTY COMMISSIONERS OF COI.I.IIiR COUNTY. FLORIDA. as the Governing B~dy ot Collier County and as Ex- OFIicio the Governing Board of the Collier County Water/Sev;er District, that: l. The Board of County Commissioners of Collier County, Florida, as the governing body of Collier County and as ex-Officio the Governing Board of the Collier County Water'Scwer District (hereinafter "County"), and staff from the Collier Count>' Public Works DMsi,,n have considered and reviewed thc most recent available income and expense ~,~:,cmcm f,r the utilit>', the most recent available balance sheet for the utility, listing assets. liabilities, contributions in aid of construction and the accumulated appreciation thereof, and a qatcmcnt of' the existing rate base of the utility for regulator)' purposes. This information was obtained from the Rooker)' Bay Sen'ices. Inc. and the preliminary repons filed with the Collier (',,unix I 'tilitv :\uthoritv Board fi,r the >'ear ended December. 1997. 2. 1he County. by and through its Public Works Administrator and staff, has investigated and is generally apprised as to the physical condition of that portion of the utility facilities necessary for interconnection of the existing collection system pre~ntly owned by the Count>' with the system owned by Rookery Bay Sen'ices, Inc. (RBS). The Count>' has negotiated with RBS and the panics have a written agreement which reasonably assures that R BS shall continuously and properly operate the utility system until closing, on the sale. and thc County ~dll o~'ratc and maintain the utility systems thereafter to serve thc present and l'u~ur¢ connections thereto. 3. ]'he County has considered the reasonableness ofentering into a purchase agreement with RBS. ~e agreement requires that the ab~donment and dismantling of plant treatment t~cilities remain the responsibility of RBS. RBS shall retain all real estate, buildings and improvements except those lands de~fi~d s~cifically for the gravity collection systems, ~y force main system and.~or pump or li~ stations, which shall ~ ~sets of lhe Collier County Water/Sewer Dist~ct. ~e Count],' h~ dete~ined ~at the subject agreement is the alternative and that the consideration, coven~ts and te~s thereof are re,enable. ~is dete~ination is made partially in the interest of providing for a smith ~icc transition in a~tempt to avoid dispute or op~nunity cost. ~ ~o~ and unknown, and in the interest of mutual c~ration aimed al ~ ~ing ~e public in ~ ex~ditious ~d e~cient f~hion. 4. ~e Count)' has considered the impacts of the consequences of lhe subject purch~e agrcemenl on ~th ~e rate payers within the present RBS sec'ice ~ea as ~ll ~ rate payers within the Collier County Waler/Sewer District. 5. Thc County is cu~ently prepped to install sewer t~smission facilities to the respective ~ints ofconneclion ~thin ~ ~S ~c, ~. Oiv,n that the cu~ent Rooke~ Bay Wastewater Facility is at its capacity and h~ a long hisloo' of poor regulalo~ compliance, it is hereby concluded by the Count)' that Ihe public will ~ ~st sec'cd by an amicable, smooth accelerated se~'ice tr~sition from RBS to the County's regional facilities. 6. RBS has agreed to construct the n~es~ facililies for connection to the County's regional transmission ~d Ireatment facilities. Impact fees for the County regional transmission and tre~mnent facilities have been collected from some RBS customers. To the exlent not already collected bx the County. impact fees will ~ collccled from all RBS customers over time ~ well as ~?om future customer, inconfo~ance with the County's applicable impact fee ordinances. 7. It is in the public interest ~hal long range pl~ning, o~rational and financial managemcm and long ~c~ maintenance, upkeep ~d o~mtion of water. ~wer ~d i~gation facilities ~ithin the Collier County Waler/Sewer Dist~cl ~ reasonably unifo~, el'ficicnt and ccom,ndc~al. ~;. With thc exception o£the Six L's Farm ]ocatcd 27t~. ;he entire Rookco' Bay franchise se~'ice area is within thc Collier County Water/Sewer District boundaries and is pre~ntly ~'ed by County g'ater ~'ice ~ a utility. 9. Maintaining the integrity and the ability ofthe Collier County Water/Sewer District to provide rcgionalized water. ~wer ~d i~gation ~'ices within its boundaries is c,~nsisteHt with thc County's comprehensive pl~. ICL The County has considered the estimated neces~' additional investment required to provide a transition from ~e pre~nt R~ke~ Bay w~tewater ~ea~ent facilities to the Counu"s regional facilities, and hereby decides i~ ~llingness ~d ability to make such investment. ~e County h~ considered ~e alternatives to this purch~e agreement with RBS and the potential impact on the rate paye~, ~ in ~e R~ke~ Bay ~'ice te~to~ area ~in the Collier County Water/Sewer Dist~ct. ~e ex~ ~d ch~ges resultant from o~rating a sub-standard treatment facility ~e uneconomical ~d ine~cient vis-a-vis provision of regional treatment and tr~smission facilities by ~e CCWSD, Addition~ly, faille to t~sition ~ice from Rooke~ Bay Utility might ~ generally inconsistent wi~ the County's Gro~h .Xqanagement Plan ~d with s~cific objectives related to the development ~d fu~herance of regional wastewater system ~ em~died in the ~tewater m~ter pl~s adopted by the BCC. I I. The County h~ contin~lly evidenced and exhibited ~e ability to provide and maintzain high quality and cost effective water and sewer utility se~'ices. 12. Thc County operates a regional water ~d ~wer utility district ~hich has contint~ou~lv for many years provided regional water ~d ~wer treatment services to the co~ai urban fringe of Collier Count)'. ~e County's ex~fience ~d ex~i~ is ~nd any serious dispute over ~hat ~riod of time. and it continues to ~ow. ~e County o~ratcs two regional was~ewater trentmcnt facilities with res~ctive capacities of g.0 ~d 7.5 million gallon per day. The Count~"s regional water/sewer district is administered by the Collier Coumy Public Works Division. The Collier County W~tewater Depa~ment employs approximmely 100 persons in accomplishing its ~'ice mission. 13. The County h~ the fin~cial ability ~o provide ~wer ~'ice to the cu~ent Rooke~ Bay service ~rea w/thin Collier County. ~e County has budgeted for extension of neces~ I2C 4 . sex~er transmission facilities to serve the RookeD' Bay service area. This activity is consistent ~ith the County's Comprehensive Plan. Additionally, the County is able to pa.,,' thc monetary consideration and meet the covenants required under the subject purchase agreement. In both instances funds are available without the current necessity of borrowing money. 14. The County Commission has considered the Rookery Bay franchise service territo%' purchase agreement attached hereto and. after having heard public comment on same at the public hearing conducted pursuant to Section 125.3401. Florida Statutes. and having considered by way of example and not limitation: (a) thc many and varied circumstances surrounding the necessity for service transition; (b) the County's objectives of providing, and commitment to provide, regionalized utility services; (c) the past, current and potential future operating framework for the provision of utilities in the Rookery Bay franchise sen'ice area; (d) the alternatives, abilities and economics of providing water and sewer utility services to RookeD' Bay franchise service area; (e) the needs and desires of residents, rate payers and landowners in the Collier County Water/Sewer District. both inside and outside the RookeD' Bay service area; and (f) the la~d development obligations of the original developers and subsequent purchasers in the Rookery ,qay service area to provide and receive interim sewer treatment until such time as development in these areas can be connected to the County's regional treatment facilities; (g) alternative procedures for achieving the objectives and fulfilling the commitments of local ~overm~ent to provide regionalized utility sen'ices; and qb) the record and Preliminary Order regarding this sale and purchase, as submitted to thc Board by the County's Utility Authority including its findings of facts and conclusions of law. 15. The County Commission hereby finds and concludes that the RookeD' Bay Utility Sen'ice Purchase Agreement represents the bes~ alternative, both short and long term, which best serves, protects, preserves and administers ali of the various, and sometimes competing, interests and desires involved or affected and the purchase ofthis system is in the public interest. 16, The Count,,.' has considered the impact~ of the monthly user rates on the current RookeD' Bay Ser~ ices. Inc, cuslomers. Customers who are moderately or severely effected b,~ Collier Count,',' user rates will be phased-in over a one or two year period. 17. The Rookery Bay Utility Sen'ice Area Purchase Agreement altached hereto and incorporated herein by reference is hereby accepted and adopted: and the County's Chairman is hereby authorized to execute same on behalfo£the Board and the District. TIflS RESOLUTION ADOPTED AFTER MOTION. SECOND AND MA.tORITY VOTE FAVORING ADOPTION. DATE: ATTEST: DWIGI tTE. BROCK. CLERK BY: Deputy Clerk Approved as to form and legal sufficiency. Thomas C. Palmer Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA. A POLITICAL SUBDIVISION OF TIlE STATE OF FLORIDA, AND AS EX- OFFICIO 'rH'E GOVERNING BOARD OF THE COLLIER COUNTY WATER/SEWER DISTRICT BY: BARBARA B. BERRY. CIIAIRMAN RESOLUTION NO. 98- 297 :\ RF. SOI.UTION BY TIlE BOARD OF COUNTY ('OMMISSI()NI'~RS ()1: ('¢)I.I.IER COUNTY. FI.ORIDA. AS TIlE GOVERNING BOI)Y OF C()I.I.II'~R ¢'¢)UNTY ANI) AS EX-OFFICIO Tile GOVI'~RNIN(i BOARI) ()F TIlE C()I.I.IER COUNTY WATER/SEWER DISTRICT: PROVIDING FINDINGS I'I!RSUANT TO SECTION 125.3401. FLORIDA STATUTES: DF. TI';RMININ(i TIlE ACQUISITION OF TitE PURCHASE OF TIlE ROOKERY BAY \VASTEWATER SERVICE TERRITORY IS IN TIlE PUI½LIC INTI£REST. CONSIDERING CERTAIN MINIMUM CRITERIA AND STATUTORY POINTS OF CONSIDF. RATION AND MAKING AND ADOPTING A ~T:VFEMENT TttA'F 'FILE PURCIIASE AGREEMENT IS IN 'FILE PIJBI.IC INTEREST. INCI.UDIN(; A SUMMARY OF TIlE COI:NTY'S I'~XPI-~RIENCI:~ IN \V:\STI.~\VATF~R t:'FII.ITY OPERATION AND OF FINANCIAl. ABII.ITY TO I'ROVID[i SUClt SF. RVICES AND PROVIDE FOR PilASF. D-IN USER R.,VFI-~S. BI! IT Ri!SOI.VED BY TIlE BOARD OF COUNTY COMMISSK)NliRS OF £'OIJ. IER COUNTY. FLORIDA. as the Governing Body of Collier County and as l!x- officio the (ioverning Board of the Collier ('ounty Water/Server District. that: I. The Board of County Commissioners of Collier (.'ounty. Florida. ;ss thc governin~ ,~ bodx of Collier County and as ex-Officio the Governing Board of the Collier County '" \%tcr;.%wcr District (hcrcinaffcr "County"), and staff' from thc Collier County Public I)Msion have considered and reviewed the most recent available income and expense statement for the utility, the most recent available balance sheet for ihe utility, listing assets. liabilities, contributions in aid of construction and the accumulated appreciation thcrcol: and a the existing rate base of die utility lbr regulator).' purposes. This infiwmation was obtained from thc Rookery Bay Services. Inc. and the preliminaD' reports filed with thc Collier County Utility Authority Board for the )'ear ended December. 1997. Thc County. by and through its Public Works Administrator and staff, has inxestigatcd and is generally apprised as to thc physical condition of that portion of the t,lility facilities necessary for interconnection of thc existing collection system presently owned by the County with the system owned by Rookery Bay Services, Inc. (RBS). Thc County has ncgoti:~tcd with RBS and the parties have a written agreement which re'xsonably assures that RB.~ shall continuously and properly operate the utility syslem until closing, on the sale. and OR: 2460 PG: 0695 thc (',~tmty x~'ill opt. rate and maintain the utility systems thereafter to ~rvc the present and ftHurc connections thereto. 3. The County has conside~d the ~onableness ofentering into a purchase agreement with RBS. The agreement requires that the abandonment and dismantling tff plant trcalmcnt facilities remain thc responsibility of RBS. RBS shall retain all real eslatc, buildings and improvements except those lands descriMd s~cifically for the gravity collection systems, any Ibrce main system and~or pump or lift stations, which shall ~ ~sets of thc Collier County Watcr/SexYer District. The County h~ dete~ined that Ihe subject agreement is allcrnative and that the consideration, covenants and te~s thereof are reasonable, l'his determination is made paflially in the interest of providing for a smoolh sen'icc Imnsition in an aucmpt to avoid dispute or oppoaunity cosl. ~th kno~n and unkno;~n, and in thc interest of mutual cooperation aimed at best sen'lng thc public in an cx~ditious and efficient lhshion. 4. The County has considered the im~c~ of the con~uences of the subject purchase agrccnlcnt on ~th thc rate payers within Ihe p~nl RBS sec'ice area as well as rate paycr~ within thc Collier Count)' Walcr~'Sewer District. 5. The County is cu~ently prepared to install sewer transmission lhcilities to the r~spcctix'c points of connection within the RBS ~n'ice area. Given that the cu~ent Rookery Bay Wastcwatcr Facility is at its capacity and h~ a long histo~ of ~r regulatoq' compliance, it is hereby concluded by the Count)' that the public will ~ ~t ~'ed by an amicable, smooth and accelerated sec'ice transition from RBS to the County's regional facilities. 6. RBS has agreed to constmcl the neces~D, facilities for connection to the County's regional transmission and treatment facilities. Impact fees for the Count)' ~gional transmission and treatment facilities have ~en collected from ~me RBS c~lome~. To Ibc extent not already collected by the County. impact fees will ~ collected from all RBS c~tome~ over time as well as from ik~ture customers, in confo~ance with the County's applicable impact fee ordinances. 7. It is in thc public interest that long range planning, o~rational and financial ~m~mg~mcnt and long te~ maintenance, upkeep and o~ration of waler, sewer and i~igation lhcilitics within the Collier County Water/Sewer District ~ re~onably unifo~, e~cient and economical. OR: 2460 PG: 0696 ~¢. \Vith the exception of the Six L's Farm located in Section 8. Township 51S. Range 271!. th< entire RookeD' Bay franchise service area is within the Collier County Water/Sewer District boundaries and is presently served by County water service as a utility. 9. Maintaining the integrity and the ability of the Collier County Water/Sewer District to provide regionalized water, sewer and irrigation services within its boundaries is consistent with the County's comprehensive plan. 10. The County has considered the estimated necessary additional investment required to provide a transition from the present RookeD' Bay wastewater treatment facilities to County's regional facilities, and hereby declares its willingness and ability to make such investment. The County has considered the alternatives to this purchase agreement wilh JIBS and the potential impact on the rate payers, both in the Rookery Bay semice territoD' area within tile Collier County \Valor/Sewer District. The expense and charges resultant from operating a sub-standard treatment facility are uneconomical and inefficient vis-a-vis provision of regional treatment and transmission facilities by the CCWSD. Additionally, failure to transition service from Rookery Bay Utility might be generally inconsistent with the County's Gro~lh Managcn~cnt Plan and with specific objectives related to the development and furtherance of the re~2io~azd wz~stewatcr system as embodied in the wastcwater master plans adopted by thc 1½C'U. 1 I. The County has continually evidenced and exhibited the ability to provide and maintain high quality and cost effective water and sewer utility services. 12. The County operates a regional water and sewer utility district which has continuously for many years provided regional water and sewer treatment services to the coaslal urban l'ringe of Collier County. The County's experience and expertise is beyond any serious dispute over that period of time. and it continues to grow. The County operates two regional wastcwater lreatment facilities with respective capacities of 8.0 and 7.5 million gallon per da)'. The County's regional water/se,o,er district is administered by the Collier County Public Works Division. The Collier County Wastewater Department employs approximately 100 persons in accomplishing its sc~'ice mission. 13. The County has the financial ability to provide sewer service to the current Rookery 13ny scrx'i¢c area within Collier County. The County has budgeted for extension of necessary OR: 2460 PG: 0697 sewer transmission facilities Io serve the Rookery Bay service area. This activity is consistent with the County's Comprehensive I'lan. Additionally. the County is able to pay the monetary consideration and meet the covenants required under the subject purchase agreement. In both instances I\mds arc available without the current necessity of borrowing money. 14. The County Commission has considered the RookeD' Bay franchise sen, icc tcrrit,~D purchase agreement attached hereto and, after having heard public comment on same at the public hearing conducted pursuant to Section 125.3401. Florida Statutes. and baying considered by way of example and not limitation: (a) tile many and varied circumstances surrounding the necessity for sen'ice transition: (b) the County's objectives of providing, and commitment to provide, regionalized utility serviccs; (c) tile past. current and potential future operating framework for Ihe provision of utilities in the Rookery Bay franchise sen'ice area: (d} the alternatives, abilities and economics of providing water and sewer utility services to Ro,kcry Bay franchise service area: (e) thc needs and desires of rasidcnts, rate payers and landowners in the Collier County Water/Sewer District. both inside and outside the RookeD' Bay service area; and (f) thc land development obligations of the original developers and subsequent purchasers in the RookeD· Bay sen'icc area to provide and receive interim sewer treatment until such time as development in these areas can be connected to the County's regional treatment facilities; (g) alternative procedures lbr achieving the objectives and fulfilling the commitments of local gox'ernmcnt to provide regionalized utility sen'ices; and (h) the record and PreliminaD' Order regarding this sale and purchase, ms submitted to the Board by the County's Utility Authority including its findings of facts and conclusions of law. 13. The County Commission hereby finds and concludes that the Rookery, Bay Utility Service Purchase Agreement represents the best alternative, both short and long term. which best serves, protects, presen'es and administers all of the various, and sometimes competing, interests and desires involved or affected and the purchase of this system is in the public interest. 16. The Count)' has considered ~he impacts o£the monthly user rat~ on the current Rookery Bay Services. Inc. customers. Customers who are moderately or severely cffectcd by Col licr County user rates will be pha.~d-ln over a one or two )'eat period. 17. Thc RookeD' Bay Utility Service Area Purchase Agreement attached hereto and incorporated herein by reference is hereby accepted and adopted: and thc County's Chairman is hereby authorized to execute same on behalf of the Board and the District. THIS RESOLUTION ADOPTED AFTER MOTION. SECOND AND MAJORITY VOTIi FAVORING ADOPTION. ,,/' / ATTEST: ' DWIGI I1 E. BROCK. CLERK B Y: /> ~ '_ . 'MI/' Deputy Clerk Attest as to Chatrm~'~ BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA. A POLH'ICAL SUBDIVISION OF TIlE STATE OF FLORIDA. AND AS EX- OFFICIO TIlE GOVERNING BOARD OF THE COLLIER COUNTY WATER/SEWER DISTRICT " BY:~N Approved as to form and legal sufficiency. Thomas C. Palmer Assistnnt County Attorney OR: 2460 PG: 0699 AGREEMENT OF PURCHASE AND SALE OF WASTEWATER ASSETS By and Between ROOKERY BAY SERVICES, INC. Seller, and THE BOAED OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA AS THE GOVERNING BODY OF COLLIER COUNTY AND EX-OFFICIO THE GOVERNING BOARD FOR THE COLLIER COUNTY WATER-SEWER DISTRICT Purchaser. Covering the sale of the wastewater system of the Seller to the Purchaser July, 1998 OR: 2460 PG: 0700 TABLE OF CONTENTS BACKGROUND 2. 3. 4. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. Furnishing of Documenls Covenant to Sell and Purchase and Description of Purchased Assets Purchase Price; Payment Developers' Agreements, Reuse Agreements, Rights Thereunder and Service to Customers Purchaser's Warranties S ~tler s Warranties Permitted Encumbrances Conditions Precedent to Closing Closing Date and Closing Survival Miscellaneous Provisions SIGNATURE PAGE Exhibit 1 - Legal Description Exhibit 2 - Schedule of Excluded Assels Exhibit 3 - Rookery Bay Franchise Service Territory Exhibit 4 - Port Au Prince Lots Rookery Bay Services, Inc. Agreement of Purchase and Sale of Wastewale.' AeaMs Page 2 of 15 3 3 4 5 6 6 6 7 7 8 9 9 11 12 13 14 15 Intllal: Purcha.~ Seller OR: 2460 PG: 0701 AGREEMENT OF PURCHASE AND SALE THIS AGREEMENT ("Agreement") is made this ~ day of 'b~...~z.~r- , 1998, by and between ROOKERY BAY sERVICES, INC., a Flodda corporation (hereinafter r~eferred to as lhe "Seller"), whose principal address is 801 Laurel Oak Drive, Suite 710, Naples, Flodda, and THE BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA AS THE GOVERNING BODY OF COLLIER COUNTY AND EX-OFFICIO THE GOVERNING BOARD FOR THE COLLIER COUNTY WATER-SEWER DISTRICT (hereinafter referred to as the "Purchaser"), whose address is 3301 East Tamiami Trail, Public Works Division, Building H, Third Floor, Naples, Flodda. BACKGROUND The Seller owns and operates a sanitary wastewater collection, treatment and disposal system which provides service to certain territory in unincorporated Collier County, Florida, and which operates pursuant to permits issued by the Flodda Depadment of Environmental Regulation and territorial authorization issued by the Board of County Commissioners of Collier County, Florida (hereinafter Ihe "Commission'). The Purchaser has determined that acquisilion of lhe Seller's customer base, Iransmission mains, supply pipes and Additional Facilities as defined herein (hereinafter collectively referred to as lhe "Utility System") is in lhe best interesl of the Purchaser and public. The Purchaser is desirous of purchasing tho Utility System, and lhe Seller is willing to sell il !o the Purchaser upon Ihe terms and conditions set forth in this Agreement. NOW, THEREFORE, in consideration of the promises and covenants of lhis Agreement and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties, intending to be legally bound hereby, agree as follows: 1. FURNISHING OF DOCUMENT~. Thirty,' days prior to Ihe execution of this Agreement, the Seller will make the following documents received by Seller from Rookery Bay Ulility Company ("RBU") available to the Purchaser l'or inspection, !o lhe extent such documents are in the Seller's possession or control: Exhibit A: Plans and specifications showing the wastewaler treatmenl planls of the Utility System, togelher with a map showing the wastewater colleclion lines, lift stations, and appudenances, and all other facilities constituting the Utilily System. .Ex.__hibi! B_: Seller's Wastewater Certificate No.06S (previously RBU Cerlificate No. 06S) issued by the Commission (hereinafter referred to as the "Franchise Cerlificale"). Exhibit C: A schedule and copies oi' all active agreements between RBU and owners, developers or bulk customers of properly to be provided wastewater service (hereinafter collectively referred to as "Developers' Agreements"). Exhibit D: A copy of all books, records and reports of the Utility System, including those provided to Seller by RBU. Exhibit E.: Copies of all permits, applications or other documents (including those provided to Rookery Bay Services, Inc. Agreement of Purchase and Sale of Wastewaler Asse~s Page 3 of 15 Initial: Purchas~ Seller OR: 2460 PC: 0702 Seller by RBU) demonstrating approval (past or present) of the facilities of the Utility System by all applicable governmental authorities, Including, but not limited to, the Florida Department of Environmental Regulation and the Collier County Water and Wastewaler Aulhority. Exhibit F: A list of customers by name, address, and account number. Exhibit G: Form of bill of sale to be executed and delivered by Seller to Ihe Purchaser at the lime of Closing. Exhibit H: List of "Excluded Assets" as referenced in Article 2(b) hereof. Exhib t h List o1' items or expenses to be prorated a[ Closing, if any, as called for pursuant to this Agreement. Exhibit J: A legal description of all easements and rights-of-way to be provided to Purchaser for lift stations, pumping stations, transmission mains, supply pipes, irrigation quality water and disposal facilities, valves, and all other physical facilities and property installations related to facilities to be used by Purchaser. The Purchaser shall have twenty (20) wo~ing days following receipt of the aforementioned Exhibits for review ("Review Period") and within which !o notify Seller of any requests for informalion or additions to the Exhibits. Should Purchaser fail to notify Seller of a request for information or additions with respect to an Exhibit within the Review Period, Purchaser shall be deemed to have completed its review and to have approved thai Exhibit. Nevertheless, Purchaser may make requesls for additional information concerning Exhibits after the Review Period provided, however, that no such request made after lhe Review Period, or response lhereto from the Seller, shall be a basis eilher for delaying or refusing to submit this Agreemenl to the Board of County Commissioners for approval or for delaying the Closing. 2. .COVENANT TO SELL AND PURCHASE~ AND DESCRIPTION OF PURCHASED ASSET.'~. The Purchaser hereby agrees Io buy, and the SeIler hereby agrees to sell, Ihe Purchased Assets of the Seller to the Purchaser for Ihe Purchase Price and upon the lerms, and subject to the conditions and other provisions hereof. (a) For convenience, Ihe lerm "Purchased Assets" shall be used to designate the assels (UtiliIy System customer base, transmission mains, supply pipes, and the Additional Facilities defined herein) which Seller owns or in which it has an interest regarding the Utility System as described in the Exhibits set forth above (but shall not include the "Excluded Assets" described in paragraph 2(b) hereof), and which include the following: (1) All easements, licenses and rights-of-way and consents owned by Seller for the construction, operation and maintenance of the Utility System. (2) All certificates, immunilies, privileges, permits, licenses, license .rights, easements, consents, grants, ordinances, leaseholds, rights-of-way and all fighls to construct, maintain and operate Ihe Utility System for the collection and disposal of wastewater and every right of every character whatever in connection therewilh, and the obligations thereof, logelher wilh all rights granted lo Seller under the Certificate described in Exhibit B. Upon Closing, this Agreement shall operate as a Rookery Bay Services, Inc. Agreement ot' Purchase and Sale of Wastewaler ^ssels Page 4 of 15 Initial: Purcha~..~ Seller OR: 2460 PG: 0703 lransfer of all such rights to Purchaser. The parties shall cooperate in applying for and obtaining transfer of all such rights requiring regulatory approval or notice. (3) All past and current customer records, prints, plans, engineering reports, surveys, speci~cations, shop drawings, equipment manuals, and other information reasonably required by Ihe Purchaser which are in possession of Seller and its agents on the Closing Date pertaining to the operation of the Utility System. (4) One (1) set of drawings showing the sanitary wastewater collection, treatment and disposal facilities of the utility. Such drawings shall also include any original tracings, sepias or other reproducible material where same is in possession of Seller. (5) All rights of Seller under the Developers' Agreements described in Exhibit C and as provided for herein. (bi The lerm 'Excluded Assels" shall include: (1) Cash or bank accounls of Seller which are Seller's sole property and are not subject Io refund lo customers, including developers, bulk customers or others. (2) Escrow and other Seller provisions for payment of federal income taxes, state income faxes and other taxes which remain Seller's responsibility. (3) Such other property or rights which are not ulilized in Ihe operation and maintenance of the Utility System in Collier Courtly and listed on exhibits herein. of Seller. (4) All notes and accounts receivable (including connection charge holes receivabre) (5) The real estate owned by Seller and all buildings and improvements owned by Seller Iocate.d thereon, as described in Exhibit '1'. (6) All wastewaler treatment and disposal facilities of every kind and description whatsoever, including but no/limited Io pumps, planls, tanks, Iransmission mains, supply pipes, irrigation quality water and effluent disposal facilities, valves, and all olher physical facilities and properly installa. tions in use in connection wilh lhe Rookery Bay Ulility Wastewaler Treatment Plant operated by the SeIIer, as further described in Exhibit '2". 3. PURCHASE PRICE;PAYMENT. (al The Purchaser agrees Io pay a tolal cash consideration in the amount of One Million Two Hundred Thousand and 00/100 Dollars (S1,200,000) ("Purchase Price"), in order to acquire the Purchased Assets from the Seller, Io be paid at Closing by check made payable to Rookery Bay Services, Inc. (bi Additionally, Purchaser agrees lo reimburse Seller, at Closing (in addition to the Purchase Price), in an amount agreed upon by the parties sufficient to pay the costs Incurred by Seller for the planning, design, and construction of a pump station, including, but not limited to, costs of supe~/ision, inspections, engineering, drawings, permit applications, materials, construction of the station, transmission lines, supply pipes, collection pipes, valves, service connections, if any, and other items as Reeker7 Bay Services. Inc. Initial: Purchase~ Agreement of Purchase and SaFe o~' Wastewater Assels Page 5 of i 5 Seller ,.~ OR: 2460 PG: 0704 agreed to by the parties (the "Additional Facilities"). Such reimbursement shall be made at Closing by check made payable to Rookery Bay Services, Inc. 4. DEVELOPERS' AGREEMENTS. (a) Purchaser shall not be bound by any agreements to which the Purchaser is not a signatory pady. 5. PURCHASER WARRANTIES. Purchaser represents and warrants as follows: (a) The Purchaser will, subsequent to Closing, and consistent with prudent business practices, industry standards applicable thereto, Purchaser's Ordinances, rules and regulations, and the requirements of the appropriate governmental agencies having jurisdiction over the assets and businesses of said Utility System: (1) Provide wastewater services to all properties, improvements thereon and the occupants thereof, located within the wastewater service area defined by Franchise Certificate No.06S as described in Exhibit '3" attached hereto. (b) Purchaser acknowledges thai Seller shall not own nor shall Seller have any mainlenance obligations or responsibilities for any gravity collection systems and/or pump or lift stations constructed or to be constructed for lhe Purchaser. (c) That Purchaser has not dealt with either a broker, salesman, or finder in connection with any part of the transaction contemplated by Ibis Agreement, and, in so far as it knows, no broker, salesman or other person is entitled to any commission or fee with respect to such transaction. (d) Purchaser shall maintain, repair and/or replace only those specific utility facililies to which title is being.:.conveyed to the County pursuant Io this Agreemenl. This provision shall not affect any similar obligation, if any, that the County expressly assumed by wrilten agreement to which Ihe County is a signatory pady. (e) In no event shall Seller be obligated or required lo pay any Collier County Impact Fees or other costs with regard to customers of lhe utilily, including wilhout limitation, Developers and Bulk Service Customers who had enlered into agreements wilh RBU. 6. SELLER'S WARRANTIES. Seller represents and warrants as follows: (a) The Seller has full corporate power and authority to execute, deliver and perform under this Agreement and the Collateral Documents which, when executed and delivered by the Seller, will constitute the legal, valid and binding obligation of the Seller in accordance with their terms and Section 607.1202, Florida Stalutes. (b) The Seller will permit full examination by lhe Purchaser's authorized representatives of all existing contractual obligations, physical systems, assels, rights-of, way and easements utilized by the Seller in the ordinary course of business by the Seller. Rookery Bay Services. Inc. Agreement of Purchase and Sale of Wastewater Assets Page 6 of 15 Initial: Purchas~ Seller OR: 2460 PG: 0705 (c) The representations and warranties contained herein or made hereunder, and the Exhibits, collateral documents, certificates, schedules and other documents furnished in connection with the transaction contemplated hereby are those documents received by Seller from RBU. No further representations are made hereby. (d) Prior to Closing, the Seller shall operate and maintain Ihe Utility System in a normal and usual manner. (e) Seller has made a lump sum payment to Purchaser in the amount of Fifty-five Thousand and 00/100 Dollars ($55,000.00), and thereby each of the 122 lots in the Port au Prince service area (see Exhibil 4 altached hereto) shall be credited with an impact fee payment of $450.82, including instances where more than a single adjacent lot is owned by the same owner(s). To the extent that the credit does not pay the total impact fee attributable to each lot, the unpaid impact fee balance shall be duo and owing to Purchaser in accordance with applicable provisions of Purchaser's Ordinances. In no event, however, shall Seller be obligated or required Io pay any additional Impact Fees, or other costs, with regard to the Port Au Pdnce service area. (0 That Seller has nol dealt with eilher a broker, salesman, or finder in connection with any part of the transaction contemplated by Ibis Agreement, and, in so far as lhey know, no broker, salesman or olher person is entitled to any commission or fee with respect to such lransaclion. (g) Seller has not authorized the placing or depositing of hazardous substances on the real estate portion or' the Purchased Assets except, if at all, in accordance with the applicable Environmental Laws, and Seller has no actual knowledge of any hazardous subslance having been, or currently being, placed or deposited on lhe premises except in accordance with such Laws. 7. PERMITTED ENCUMBRANCES. (a) .Permitted Encumbrances. 'Permilled Encumbrances" mean and include the following: (1) Easements, restrictions, reservations, rights-of-way, conditions and limitations of record, i~' any, ¥/hich are not inconsistent wilh Seller's other warranties and obligations contained in Ihis Agreement, which are not coupled with any reverter or fodeiture provisions, including (without limitation) any drainage, canal, mineral, road, or other reservations of record In favor of the State oi' Florida or any of ils agencies or governmental or quasi-govemmenlal entities, none of which, however, shall impair or restrict the use of the property for the operation of the Utility System. (2) Such other matters as are permitted under the lerms of Ihis Agreement. Also not less than ten (10) working days prior to Closing, Seller shall deliver to Purchaser any survey in Seller's possession, which survey(s) shall set forth all existing easements, alleys, slreets and roads, and show all Additional Facilities on the property and distances to boundary lines. 8. .CONDITIONS PRECEDENT TO CLOSING. The obligations of each party to dose the transaction contemplated by lhis Agreement are subject to the conditions that, on or before the Closing Date: (a) Neither party shall be prohibited Rookery Bay Services. Inc. Agreement of Purchase and Sale of Waslewater Assets Page 7 of 15 by lawful decree or law from consummating the Initial: Purchas~ Seller ._~ transaciion. OR: 2460 PG: 0706 (bi Pursuant to Section 125.3401, Flodda Statutes, the Board of County Commissioner shall have ratified and approved, the execution of this Agreement and authorized the purchase of the Purchased Assets and certified copies of lhe resolutions evidencing such ratification and approval have been delivered to the Seller. (c) The Department of Environmental Protection has agreed, in writing, not to lransfer or impose any fines and penalties currently assessed against RBU to the Seller or to the Purchaser. (d) All warranties and representations herein of the parties hereto shall be true as of the Closing Date, 9. _CLOSING DATE AND CLOSING. (al This transaction shall dose between lhe 25~ day and the 31~ day of the month in which the Additional Facilities is completed, unless changed by mutual agreement of the parties ("Closing"). (bi At Closing: (1) All accounts receivable due Seller for wastewater service as of the date of Closing shall be retained and collected by the Seller. Subsequenl to Ihe closing date. the Purchaser will bill all customers. Sel~er shall furnish to Purchaser, al closing, a listing of all currenl customers, their addresses and their billing cycle (monthly; annually). a. All customers who paid annually for wastewater services and a podion of those services that have not yet been rendered as of the Closing Date, the Seller will allocate a prorated share of the annual billing as a deduction to lhe Purchase Pdce. The Seller shall furnish lo Purchaser, at Closing, a list of all annually billed customers and th.-, dollar amount of lhe prorated share (by customer) that was deducted from the Purchase Pdce. b. Specifically with regard Io Six L's Farm, lhe padies acknowledge Ihat this customer is billed yearly (in January) for the pasl year's usage. As such, revenues from this customer shall be estimaled based upon the reading of the masler meter at this location pdor to Closing, and shall be made wilh a credit to the Seller as an addition to the Purchase Price. (2) Each of the parties hereto shall pay Ihe fees of its own attorneys, bankers, engineers, accountants, and other professional advisers or consultanls in connection with lhe negotiation, preparation and execution of this Agreement and any documents associated with the Closing of the sale and purchase transaction contemplated herein, unless olhenvise provided for in this Agreement. (3) All bills for services rendered in connection with lhe operation or the Utility System prior to Closing shall be paid by Seller. (4) As an addition to the Purchase Price, Purchaser shall reimburse Seller for ell pre- approved expenses and costs Incurred by Seller for Ihe planning, design, and conslruclion of the Additional Facilities. The authority lo pre-approve said expenses and costs is hereby delegated to Purchaser's Public Works Administrator, who shall base all such approvals on a reasonable application of standards generally prevailing in the engineering and construction Industries in connection with the Rookery Bay Services, Inc. Agreemenl of Purchase and Sate of Waslewaler Assets Page B o~ 15 Initial: Purchas~ Seller ..~ OR: 2460 PG: 0707 planning, design and construction of facilities such as or similar to the Additional Facilities. Seller will be under no obligation to plan, design or construct the Additional Facililies prior to the Public Wor~s Administrator's pre-approval of all expenses and costs. At closing, Seller will assign to Purchaser all its rights or warranties under any design or construction contracts for the Additional Facilities. Upon said assignment, Seller shall have no further obligations of any kind to Purchaser with respect to the Additional Facilities and Purchaser shall be deemed to have accepted the Additional Facilities "as is" and without warranties from Seller of any kind or nature, whether Implied or expressed and whether of fitness for a particular purpose or of merchantability or otherwise. (5) All prorations required pursuant to the provisions of this Agreement shall be made and agreed upon by the parties hereto. 10. .SURVIVAL. The provisions of Article 2(b) and Articles 5, 6, 7, and 11(d) shall survive the Closing hereof and not be merged herein. 11. .MISCELLANEOUS PROVISIONS. (a) Prior to or simultaneously with the Closing hereof, each party will deliver to lhe other its opinion of counsel thai it has full legal authority lo enter in~o this Agreement, lhat the Agreement and all collateral documents have been duly authorized and are binding on lhe party, and to the besl of such counsers belief, the execution, delivery and performance of the Agreement and the collateral documents does not constitute a breach or violation by such party of any agreement to which it is a party. (b) This writing embodies the entire agreement and underslandings belween the parlies hereto and Ihere are no other agreements or understandings, oral or wrillen, with reference to the subject matter hereof that are not merged herein and superseded hereby. No alteration, change or modification Io the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto. This Agreement, regardless of where executed, shall be governed and construed according to the laws of the State of FIon.'.da. This Agreement may be executed in each of several copies, each of which shall be considered ah original. (c) Each party will, al any lime and from time 1o time after lhe Closing Date, upon request of the other party, execute, acknowledge and deliver, or will cause to be executed, acknowledged and delivered, all such further acts, deeds, assignments, transfers, powers of attorney and assurances as may be required in order to implement and perform any of the obligations, covenants and agreements of the parties herein. Good faith is a condition of Ibis Agreemenl. In no event, however, shall this provision be construed 1o allow access by the Purchaser or third parties to the books and records of any affiliated corporalion of the Seller. (d) Neither Purchaser nor Seller may transfer or assign this Agreement or lhe respective duties or obligations hereunder without obtaining lhe prior written consent of the other except that Purchaser hereby consenls to the assignment of this Agreement by the Seller to its stockholders or to a Trustee in liquidation of the Seller. (e) Any Notice or other document to be given hereunder by either party Io the other shall be in writing and shall be delivered personally or sent by ceflified mail, postage prepaid, or by facsimile transmission. , ,~:~. Rookery Bay Services, Inc. Agreement o¢ Purchase and Sale or Wastewater Assets Page 9 or 15 Initial: Purchas~ If to the OR: 2460 Purchaser: ATTN: Mr. Ed Ilschner Public Works Administrator Collier County Public Works DMsion Building H, Third Floor 3301 East Tamiaml Trail Naples, Florida 34102 PG: 070 If to the Seller: ATTN: Mark J. Woodward, as Authorized Agent Rookery Bay Services, Inc. 801 Laurel Oak Drive, Suite 710 Naples, Florida 34103 With a copy to: ATTN: Joseph Llvio Parisl, Esq. 4001 Tamiami Trail NoAh, Suite 350 Naples, Florida 34103 (0 All representations and warranties heretofore made by any party to the other are merged into this Agreement. (g) The headings used are for convenience only, and lhe parties herein agree that they shall be disregarded in the construction of this Agreement. th) The parties acknowledge fha/Purchaser and Seller shall have the right to seek specific performance to compel the Seller or Purchaser, to act or perform In accordance with the requirements of this Agreemenl. Such dght of specific performance shall not, however, be the sole or exclusive remedy of each party against the olher and each party fmlher hereby preserves its rights to seek damages, due to the failure of the olher to dose this Agreement or to satisfy the obligalions conlained herein which exist arler Closing. ti) The drafting of lhis Agreement conslituted a joint effort of the parties hereto, and in lhe interpretation hereof, it shall be assumed that no party had any more input or influence herein than any other. (j) It is agreed by and between the paAies hereto that all words, terms, and conditions herein contained are to be read in concert, each with the other, and that a provision contained under one heading may be considered to be equally applicable under another heading in the interpretation of lhis Agreement. (k) This Agreement is solely for Ihe benefA of lhe parties hereto and no other causes of action shall accrue upon or by reason hereof to or for lhe benefit of any third party, who or which is not a formal party hereto. (The Remainder of this Page is Intentionally Left Blank). Rookery Bay Services. Inc. Agreernen! of Purchase and Sale of Wastewate~ Assef~ Page $ 0 of 15 Initial: Purchase~ Seller .~' OR: 2460 PG: 0709 12o#mm IN WITNESS WHEREOF, the parties have hereunto caused this Agreement to be executed the day and year aforesaid in counterparts, each counterpart to be considered an original. ATTEST: DWIGHT E. BROCK, CLERK Deputy Clerk Attest as to Chatr~n'$ ~ltgn~ture on15. WlT.//cN~S ES: (type or print name) ~,~ ~, ~ ~. ', (type or print:hame) THE BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA AS THE .... :' GOVERNING BODY OF COLLIER COUNTY AND EX-OFFICIO THE GOVERNING BOARD FOR THE COLLIER COUNTY WATER-SEWER DISTRICT. BARi~b~ B/BERRY, ROOKERY BAY SERVICES, INC. BY: Approved as Io form and legal sufficiency. Thomas C. Palmer, Assistant County Altorney Rooken/Bay Services, Inc. Agreement of Purchase and Sale of Waslewaler Assets Page 11 of !5 Initial: Purchase~ Seller C;/..~... OR: 2460 PG: 0710 1 2.. C ~ ~ EXHIBIT 1 - LEGAL DESCRIPTION A parcel of land located in a portion of Section 14, Township 51 Soulh, Range 26 East, Collier County, Florida, being more particularly described as follows: The SE 1/4 of the NE 1/4, of the NE 1/4, Section 14, Township 51 South, Range 26 East, Collier County, Florida; LESS AND SUBJECT TO: Any easements needed in support of the Additional Facilities. (The Remainder of this Page is Intentionally Left Blank). Rookery Bay Services, Inc. Agreement of Purchase and Sale of Wastewater Assets Page 12 of 15 Initial: Purchase~)'~ Setler ~ OR: 2460 PG: 0711 EXHIBIT 2. - SCHEDULE OF EXCLUDED ASSETS .150 WWTP: all personal property assets Including: 1 blower and associated motor, all parts, small tools, equipment related to plant operation. .300 VWVTP: all personal property assets including: · 2 b[owers and associated motors · 1 well water pump and motor · 1 water pressure tank · 1 Polysonic flowmeter, associated chart recon:ler, manuals, supplies, parts, records, etc. · 1 surge pump and motor · 1 chlorinator system, pads, manuals, etc. · Air pac system · Miscellaneous hand tools, supplies, parts relaled to plant operation Monitoring wells built to DEP standards and in operation, quarterly reporls, and records, drawings, etc. related to groundwater monilodng wells. Port au Pdnce .006 vvvv'rP · 1 blower and motor · 1 lift slation, pump, motor and related equipment · Fence · Krohm flowmeter, force main, related equipment installed to County specifications. Accounts Receivable (The Remainder of this Page is Intenlionally Left Blank). Rookery Bay Services, Inc. Agreement of Purchase and Sate oF Wastewater Assets Page 13 of 15 Initial: Purchase~' C OR: 2460 PG: 0712 1 Z EXHIBIT 3 - ROOKERY BAY FRANCHISE SERVICE TERRITORY Township 51 Soulh, Ranoe 26 East, .C011i~l' County Section 3 - The South % of Section 3 lying East of S.R. 951 and Soulh of U.S. Highway 41. The SE ¼ of the SW %, and the SW % of lhe SE % lying South of Henderson Creek. Section 10 - The North % lying East of S.R. 951 and the North % of the North % of the South % lying East of S.R. 951. The NW¼ of the NE %and the NE % of the NVV%. Section 11 - The NW % of the NE % and the NW % lying South of U.S. Highway 41 and the SW %. Section 12 - The West % of East % lying North of U.S. Highway 41. That podion of the NW % of lhe SW % lying South of U.S. Highway 41 (Tamiami Trail) and that portion of the SW ¼ of the NW ¼ lying South of U.S. Highway 41: AND The SW ¼ of the SW ¼. LESS THE FOLLOWING DESCRIBED PARCEL Starting at the Northwest corner of lhe property at the inlersection of lhe South Right of Way of U.S. Highway 41 and the Wesl line of Section 12, Township 51 Soulh, Range 26 East, Collier County, Florida, and proceeding Southerly along the Section line for approximately 870 feet; thence Easterly for 330 feet, thence Northerly for 660 feet, thence Weslerly along U.S. Highway 41 Southerly Right of Way for approximately 390 feet !o the Point of Beginning comprising approximately 5.8 acres. Section 13 - All of Section 13. Section 14 -.The NE ~ of the NE N. Seclion 15 - The South % of the South % lying Easl of S.R. 951. Township 51 South, Ranae 27 Easl. Collier Courtly Section 8 - NE Y, of NE %. Ail of Sections 18 and 19. Section 20 - East % and the East % of SW % and the South % of the SE % of NW %. (The Remainder of this Page is Intentionally Left Blank). Reeker'/Bay Services, Inc. Agreement of Purchase and Sale of Waslewaler A~ef~ Page 14of 15 Inltlal: Purchase,r,,~ Selle~ ~ *** OR: 2460 PG: 0713 *** 12C4, EXHIBIT 4- PORT AU PRINCE LOTS The following Port Au Prince lots will benefit from lump sum impacl fee payment of S55,000.00. Lots along Isle of St. Thomas Street, including: Port Au Prince Lot 61 Port Au Prince Lot 72 Port Au Prince Lot 81 Port Au Prince Lot 91 Port Au Prince Lot 62 Port Au Prince Lo! 73 Port Au Prince Lot 82 Port Au Prince Lot 92 Port Au Prince Lot 63 Port Au Prince Lot 74 Port Au Prince Lot 83 Port Au Prince Lot 93 Port Au Prince Lot 64 Port Au Prince Lot 75 Port Au Prince Lot 84 Port Au Prince Lot 94 Port Au Prince Lot 65 Port Au Prince Lot 78 Pod Au Prince Lot 85 Port Au Prince Lot 95 Port Au Prince Lot 66 Port Au Prince Lot 77 Port Au Prince Lot 86 Port Au Prince Lot 96 Pod Au Prince Lot 67 Port Au Prince Lot 78 Port Au Prince Lot 87 Port Au Prince Lot 97 Port Au Prince Lot 68 Port Au Prince Lol 79 Port Au Prince Lot 88 Port Au Pdnce Lot 98 Port Au Prince Lot 69 Port Au Prince Lot 79A Pod Au Pnnce Lot 89 Port Au Prince Lot 99 Port Au Pdnce Lot 70 Pod Au Pdnce Lot 80 Pod Au Prince Lot 90 Port Au Prince Lot 100 Pod Au Prince Lot 71 Port Au Prince Lot 80A Lois a:onD Moon Bay Street, including: Pod Au Prince Lot 41 Port Au Prince Lot 51 Port Au Prince Lot 101 Port Au Prince Lot 111 Port Au Prince Lot 42 Port Au Prince Lol 52 Port Au Prince Lot 102 Port Au Prince Lol 112 Port, Au Pdnce Lot 43 Port Au Prince Lol 53 Port Au Prince Lol 103 Pod Au Prince Lot 113 Pod Au Prince Lot 44 Port Au Prince Lot 54 Pod Au Pdnce Lot 104 Port Au Prince Lot 114 Port Au Pdnce Lot 45 Port Au Prince Lot 55 Port Au Prince Lot 105 Port Au Prince Lot 115 Port Au Prince Lot 46 Pod Au Prince Lot 56 Port Au Prince Lot 106 Pod Au Prince Lot 116 Pod Au Prince Lot 47 Port Au Prince Lot 57 Port Au Prince Lot 107 Pod Au Prince Lot 117 Fo,~ Au Pdnce Lot 48 Port Au Prince Lot 58 Port Au Pdnce Lot 108 Pod Au Prince Lot 118 Port, Au Prince Lot 49 Port Au Prince Lol 59 Port Au Pdnce Lot 109 Pod Au Prince Lot 119 Pod Au Prince Lot 50 Port Au Prince Lot 60 Port Au Prince Lot 110 Port Au Pdnce Lot 120 Lots along Ocho Rios Street, including: Pod Au Prince Lot 21A Port Au Prince Lot 29 Port Au Prince Lot 121 Port Au Pdnce Lot 131 Pod ,~u Princo Lot 21B Port Au Prince Lol 30 Port Au Pdnce Lol 122 Pod Au Prince Lot 132 PoX Au Prince Lot 22A Port Au Prince Lot 31 Port Au Pdnce Lot 123 Port Au Prince Lot 133 Pod Au Pdnce Lot 22B Port Au Prince Lot 32 Pod Au Pdnce Lot 124 Pod Au Pdnce Lot 134 Port Au Pdnce Lot 23 Port Au Prince Lot 33 Port Au Pdnce Lot 125 Port Au Prince Lot 135 Pod Au Prince Lot 24 Port Au Prince Lot 34 Pod Au Pdnce Lot 126 Port Au Pdnce Lot 136 Port Au Prince Lot 25 Port Au Prince Lot 35 Port Au Pdnce Lot 127 Port Au Prince Lot 137 Port Au Prince Lot 26 Port Au Prince Lot 36 Port Au Pdnce Lot 128 Port Au Prince Lol 138 Port Au Prince Lot 27 Port Au Pdnce Lot 37 Port Au Pdnce Lot129 Port Au Pdnce Lot139 Pod Au Prince Lot 28 Port Au Prince Lot 38 Port Au Prince Lot 130 Pod Au Prince Lot 140 ('rhe Remainder of this Page is Inlentionally Left Blank). Rookery Bay Services, Inc. Agreement of Purchase and Sate of Waslewaler Asse~s Page 15of 15 Initial: P urch as ~_~.. S elle~ ~_._ NapLes Da~Ly tiers NapLes, F~ 339~0 Affidavit of Pufl[tcatton BOARD OF COUtITY CO~NISSIOI'IERS ATTN: NANCY SALOGUB PO BOX ~1~016 NAPLES FL 34101-3016 REFERENCE: 0012~) #5101020~)6~9 57725819 NOTICE OF INTENT TO State of FLorida County of Collier Before the undersigned authority, permLly appeared B. La~b, uf~o o~ oath says that she aervea as the Assistant Corporate Secretary of the Nap[es Daily Ne~s, a daily nevspaper published at N~les, in Collier County, FLorida: that the attached copy of advertising uas published in said newspaper o~ dates Listed. Affiant further says that the said Naples Daily Nays is a newspaper published at Naplea, in ~41td Collier Co(may, FLorida, end that the uid ne~spapar has heretofore been co~ttrmous[y published in said Collier County, FLorida, each day and has been entered as second class mai[ matter at the post office in Naples, in said Collier County, FLorida, for a period of 1 year next preceding the first pubticatto~ of the attached cofry of advertisement; and affiant further says that she has neither paid nor proeiied any person, firm or coporatton any discount, rebate, coea~ission or refund for the purpose of securing this advertisement for publicatic~ in the said newspaper. PUBLISHED ON: 07/25 AD SPACE: 123.000 II'ICH FILED ON: 07/27/98 ................................. Signature of Affiant S~orn to a~ Subscrib~ before 0110 mowaca % NOTICE Of: INTENT ~ TrM, ~ F~ AN OR~N~ LL I ER COUNTY, ~ A~NG BENEFITS ORDI- GLE FAMILY RESIDENCES, DU. PLEXES, AND ALL OT~R ~IT$ ~T WAS~ ~LECTION FINING GUEST A~ ~RABILITY; ~O~DING FOR CLUSlON INTO THE lNG AN ~FECTIVE NOTE:~ All parson* mlnls~ PRIOR to Per~s wishing to FRO~: LOCATION: ELLIE HOFFHAN - HINUTES & RECORDS Collier County CourthoUse FAX ~o: (813) 774-8408 07-13 0~7-1~ 07-1~ PaoNz'~o: (813) 774-8406 15:3~ 00~ 01'~:~ 16:,~8 00~ 01 ' ~d 10:L~ 00° 0~'29 92634--941 ?93 3795 O~ sent: July 14, 1998 Ms. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 33940 Re: Notice of Public Hearing to Consider an Amendment to Ordinance 90-30 Dear Judi: Please advertise the above referenced notice one time on Saturday, July 25, 1998, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Ellie Hoffman, Deputy Clerk Charge to: 510-102030-649100 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY, AUGUST 4, 1998, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Co~issioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: ~q ORDINanCE OF COLLIER COUNTY, FLORIDA, ~4ENDING THE DEFINITIONS OF "COMMERCIAL PROPERTY" AND "RESIDENTIAL L~ITS" IN ORDINanCE N~4BER 90-30, AS AMENDED, BEING THE COLLECTION AND DISPOSAL ~4UNICIPAL SERVICES BENEFITS ORDINANCE, AND HEREBY DEFINE AS "CO~,24ERCIAL PROPERTY" SINGLE FAMILY RESIDENCES, DUPLEXES, AND ALL OTHER UNI?S THAT SHARE IN CO~4MON A DUMPSTER, BULK LOADER OR SUBST?~;TIALLY SIMILAR SOLID WASTE COLLECTION CONTAINER; ALSO DEFINING GUEST HOUSES AS NONCOMMERCIAL ~4ITS; PROVIDING FOR CONFLICT ~;D SEVERABILITY; PROVIDING FOR INCLUSION INTO THE CODE OF L~ ~'.~D ORDINanCES; PROVIDING AN EFFECTIVE DATE. C~ies cf the proposed Ordinance are on file w~n~' the Clerk to the Board and are available for inspection. All in%erested parties are invited %o attend and be heard. NOTE: Ai~ persons wishing to speak on any agenda ~em must re~ister with the County administrator prior to presentation of %he agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an orqanization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be a~~-~_,~ 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in ~he Board agenda packets must submit said material a minimum of 3 weeks prior ~o the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure tha~ a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COM/~ISSIONERS COLLIER COUNTY, FLORIDA BARBAP3. B. BERRY, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Ellie Hoffman, Deputy Clerk (SEAL) ORDINANCF~ NO. 98- AN ORDINANCE OF COI.I..IER COUNTY, FLORIDA, AMENDING TIlE DEFINITIONS OF "COMMERCIAL PROPERTY" AND "RESIDENTIAL UNITS" IN ORDINANCE NUMBER 90.-30, AS AMENDED, BEING TIlE COLLEC'TION AND DISPOSAL MUNICIPAL SERVICES BENEFITS ORDINANCE, AND IIEREBY DEFINE AS "COMMERCIAL PROPERTY" SINGLE FAMILY RESIDENCES, DUPLEXES, AND ALI. OTIIER UNITS TIIAT SIIARE IN COMMON A DUMPSTER, BULK LOADER OR SUBSTANTIAI.I.Y SI.MIl.AR SOLID WASTE COLLECTION CONTAINER; Al.SO DEFINING GUEST IlOUSES AS NONCOMMERCIAL UNITS; i'ROVIDING FOR CONFLICT AND SEVEIL.~.BII.ITY; PROVIDING FOP. INCI.USION INTO Tile CODE OF LAWS AND ORDINANCES; i'ROVIDING AN EFFF. CTIVE DATE. WllEREAS, Ordinance No. 90-30, ;ts amended, (being Article IV, Division I of "Commercial Property" single lhmily residences, duplcxcs, l'ourplcxes that arc not under one commonly shared roof', and Chapter 118, of the Collier County Code) excludes frown tile definition triplexes, and WIIEREAS, Ordinance No. 90-30, as amended, defines all "guest houses" as "noncommercial property"; and WHEREAS, to achieve more equity in the application of"similar rates for similar services", single family residences, triplexes, lburplexes, and any other units that share a dumpster, bulk loader, or substantially similar container for collection of solid waste by or on behalfofCollier County are hereby classified to commercial property; these specific guest houses are hereby classified as commercial units; and WHEREAS, Notice of the public hearing at which thc Board of County Commissioners shall consider whether to enact this Ordinance has been achieved pursuant to tile requirements of subsection 197.3632(4)(b), Florida Statutes, by mailing the required written notice by first class mail to the owners of units that will have their solid waste collection rates charged by application of this Ordinance if this Ordinance should be enacted into law, which notice concurrently Words underlined arc added; words :;truck tSre'.:'gh arc deleted. meets the "Adoption of Ordinance" notice requirements for one public hearing pursuant to subsection 125.66(2)(a), Fh)rida Statute.s'; and WIlEREAS, thc Board o1' County Commissioners has received written objections and has heard testimony from all interested persons who presented to the Board such objections and/or testimony, and after having considered such information in accordance with subsection 197.3632(4)(c), Florida Statutes'. NOW, TIIEREFORE, BE IT ORDAINED BY 'FILE BOARD OF CO UNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE. Section One of Collier County Ordinance No. 90-30, entitled "Definitions" as amended by Ordinance No. 91-36 and by Ordinance No. 95-78, is hereby further amended to amend the definitions o£ "Commercial property" and "Residential units" as follows: Commercial ProperO, means hotels, motels, multi-family and single family residences and guest houses which receive bulk collection service (dump~;l¢r, bulk loader) or any other ~roDertv receivin~ such service; -~'";-~ .......... .4;~ c.,,,.. ~; recreational vehicle parks, mobile home parks containing mobile homes, excluding those mobile homes not located in mobile home parks that are considered real property under the state constitution and state law; ali commercial manufacturing, agricultural, industrial and institutional enterprises; also, any building or structure containing a dwelling unit or units that is furnished, xvith or without rent, as an instant of employment, regardless of the number of dwelling units under one common roof, which is located upon real property that is the site of said employment and upon which are located buildings or structures otherwise treated as commercial property under the terms of this section. Residential ProperO, means dwelling units, including single-family residences, guest houses, or individual dwelling units within multifamily ..... ° ~ ...... er any building or structure which residences, but excluding constitutes commercial property as defined in this section. A residential unit shall not be considered to include a recreational vehicle in a recreational vehicle park or a mobile home in a mobile home park. Recreational vehicles not located in recreational vehicles parks and mobile homes not located in a mobile home park and which are otherwise considered real properly under the state constitution and state law shall be considered residential units for purposes of this article. Words underlined nrc added; words ............ a.. arc deleted. 2 1206 SECTION T~VO. CONFLICT AND SEVERABILITY. In thc event that this Ordinance conflicts with any other ordinance of Collier County or other applicablc law, the morc restrictive shall apply. If any phrase or portion of this Ordinance is held to bc invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect thc validity of thc remaining portion. SECTION TIIREE. INCLUSION IN Tile COi)E OF LAWS AND ORDINANCES. Thc provisions of this Ordinance shall become and bc made a part of thc Code of Laws and Ordinances of Collier County, Florida. Thc sections of this Ordinance may be renumbcred or rclcttcrcd to accomplish such, and thc word "Ordinance" may be changed to "section", "article", or other appropriate word. SECTION FOUR. EFFECTIVE DATE. This Ordinance shall take effect upon filing with thc Department of Statc. Thc wastc collection rate changes caused by application of this Ordinance shall be applied to all afl'cctcd units as soon as practicable pursuant to the applicable prerequisite requirements of Chapter 197, Florida Statutes. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this __ day of ,1998. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER. COUNTY, FLOR.IDA By: Deputy Clerk By: BARBARA B. BERRY, Chairman Approved as to form and legal sufficiency: l~odney/C. Wade Assis~mt County Attorney Words underlined are added; word~ ~:r',:;;k :.!.m;:i;h -',re dclc~cd. COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: 0t2C6" X Normal legal Advertisement (Display Adv.. location, etc.) Originating Dept/Div: DOR/Support Services Division Person: T. Rlesen Date: 6/2/98-- Petition No. (I f none. give brief description): · Petitioner: (Name & Address): :i. " Name & Address of any person(s) to be notified by Clerk's Office: (It'more space is needed, attach separate sheet) Hearing before x BCC BZA Other Requested tlearing date: (Based on advertisement appeari~t~ys before hearing.) 8/4/98 Newspaper(s) to be used: (Complete only if important): x Naples Daily News [] Other Legally Required Proposed Text: (Include legal description & common location & Size: Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? I-1 Yes I-I No If Yes, what account should be charged for advertising costs: Reviewed by: ...~7 ~/~ --.//¢" ~ ~ ~2 - ~ 5//~../c5~ Approved by: Dry,sion Head Date County Manager Date List Attachments: DISTRIBUTION INSTRUCTIONS For hearings before BCC or BZA: Initiating person to complete one coy and obtain Division Head approval before submitting to County Manager. Note: If legal document is Involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to Connt7 Manager. The Manager's office will distribute copies: F=I County Manager agenda file: to Clerk's Office [] Requesting Division I-I Original B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. you ct~ER~c'S oF~'ICe USE OSLV: Date Received: ~/~/',~f Date of Public heating: ,afl/q/~ff" Date Advertised:, ORDINANCE NO. 98-. . AN ORDINANCE OF COLLIER COUNTY, FLORIDA, AMENI)hNG TIlE DEFINITIONS OF "COMMERCIAL PROPERTY" AND "RESIDENTIAl. UNITS" IN ORDINANCE NUMBER 90-30, AS AMENDED, BEING TIlE COLLECTION AND DISPOSAl. .MUNICIPAL SERVICES BENEFITS ORDINANCE, AND IIEREBY DEFINE AS "COMMERCIAL PROPERTY" SINGLE FA3III.Y RESIDENCES, DUPLEXES, AND ALL OTllER UNITS TIIAT SIlARE IN COMMON A DUMPSTER, BULK LOADER OR SUBSTANTIAI.I,Y SI3111.AR SOLID WASTE COLLECTION CONTAINER; Al.SO DEFINING GUEST IIOUSES AS NONCOM,MERCIAI, UNITS; I'ROVIDING FOR CONFLICT AND SEVERABII.ITY; PROVIDING FOR INCLUSION hNTO Tile CODE OF LAWS AND ORDINANCES: PROVIDING AN EFFECTIVE DATE. %VilEREAS, Ordhmncc No. 90-30, as amended, (being Article IV. I)ivisinn I of' C'haptcr I18, of thc Collier County Code) excludes frmn Iht definition "('onm~ercial Property" single family residences, duplexes, triplexes, and fimrplcxcs that arc not under one commonly shared roof': and WI IEREAS, Ordinance No. 90-30. as amended, defines all "guest houscs" ~:'; "mmcnmmercial property"; and ~.V!IEREAS. to achieve more equity in thc application of"sin;ilar rates fi~r similar services", single fatnily residences, Iriplcxcs, fourplcxcs, anti :,ny other m~its that share a dumpster, bulk loader, or substantially similar container for collection of solM waste by or on behalf of Collier County arc hereby classified c~mm~cr,:ial property; these specific guest houses arc hereby classified as commercial units: and WIIEREAS, Notice of thc public hearing at which the Board of County Commissioners shall consider whether lo enact this Ordinance bas been achieved pursuant to the requirements of subsection 197.3632(4)(b), Florida Statutes, by l~::~ilir;~, t!:c tcquirzd v. rittcn notice bv first class mail t() thc ov.'ncrs of units lhat will have their solid waste colicction rates charged by application o1' this Ordinance if this Ordinance should be enacted into law, which notice concurrently Words underlined ore ~[ded; words ~ m'c dclc~cd. meets the "Adoption uf Ordinance" nolice requirements fi~r one lmblic hearing pursuant to subsection 125.66(2)(a), FlorMa Stat,res; and WllEREAS, the Board of County Commissioners has received written objections and has heard testimony from all interested persons ,,vh, presented to thc Board such objections ancVor testimony, and after having considered such infl)rmation in accordance with subsection 197.3632(4){c). bTnrida Sttmacx. NOW, TIIEREFOIIE, BE IT ORDAINED BY Tile BOAIID OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FI,ORII)A, that: SECi'iON O~NI.;. Section One of Collier ¢'ounty Ordinance No. 90-30, cntnled "Definitions" as amended by Ordinance No. 91-36 and by Ordinance No. 93-7,";, is hereby further amended Io amend the definitions of "('.mn]crcial propcrLv" and "l,tcsidential units" as follows: Commercial Property means hotels, motels, multi-family and single family residences and guest houses which receive bulk collection sen'ice {dumpstcr, b,lk loader) or any other property receivin~ such se~ice; '~;~ ............ ~;~., r .... d'''~u ;-, ....... ..... ~~,,,,-;* .... ~,,~..~ .......... ~,.. ZC ...... On .~.r ~ ..... ..... ~.~ ,~.r~' ...r~ ~m~] ~ ~ .. ,,. ~l ~,~ ..,, ..... ~Cgg~g :~r rc,.v s,,...~.~,,~, recreational vehicle p~rks, mobile home parks conlaining mobile homes, excluding those mobile homes not located in mobile home parks that are considered real property under the state constitution and state law; all commercial manufacturing, agricultural, industrial and institutional ente~rises; also, any building or structure containing a dwelling unit or units that is furnished, with or without rent, as an instant of emplo~ent, ~gardless of the number of dwelling units under one common roof. which is located upon real property that is the site of said employment and upon which are located buildings or structures othcnvise treated as commercial propmy under the te~s of this section. Rcside, tiul Property means dwelling units, including single-family residences, guest houses, or individual dwelling units within multifamily residences, but excluding ~ any building or structure which constitutes commercial property as defined in this section. A residential unit shall not be considered to include a recreational vehicle in a recreational vehicle park or a mobile home in a mobile home park. Recreational vehicles not located in recreational vehicles parks and mobile homes not located in a mobile home park ami which arc otherwise considered real property under the state constitution and stale law shall be considered residential units for purposes of this article. SECTION TWO. CONFLICT AND SEVEIL,%BILITY. In the event that this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portton of this Ordinance is held Io be invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a $eparalc, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION TilREE. INCLUSION IN Tile CODE OF I.AWS AND ORI)INANCES. The provisions of this Ordinance shall ~come and be made a part of the Code of Laws and Ordinances of Collier County, Florida. ~e sections of this Ordinance may be renum~red or reletlered lo accomplish such, and the word "Ordinance" may be changed to "section", "a~icle", or other appropriate word. SI.;CTION FOUl{. EFFE~IVE DATE. This Ordinance shall take effect upon filing with the Department of State. The waste collection rate changes caused by application of this Ord{nance shall be applied to all aflkcted units as soon as practicable pursuant to the applicable prerequisite requirements of Chapter 197, Florida Statutes. PASSED AND DULY ADORED by Ihe Board of County Commissioners of Collier County, Florida, this ~day of: ,1998. A'I~I'ES T: I)WIGI IT E. BROCK, Clerk BOA~ OF CO~'I'Y COMMISSIONERS OF COLLIER CO~TY, FLORI DA By: Deputy Clerk By: BARBA~ B. BERRY, Chai~an Approved as to fo~ and legal sufficiency: Rodne~. Wade Assisfi~nt County Atlome7 OP, DINANCENO. 98- 68 AN ORDINANCE OF COI.LIER COUNTY, FI.ORIDA, AMENI)ING 'FilE DEFINITIONS OF "COMMERCIAL PROPERTY" AND "RESIDENTIAL UNITS" IN ORDINANCE NUMBER 90-30. AS AMENDED, BEING TIlE COLLECTION AND DISPOSAl. MUNICIPAl. SERVICES BENEFITS ORDINANCE, AND iIEREBY DEFINE AS "COMMERCIAL PROPERTY" SINGLE FA.MII.Y RESIDENCES, WITll OR WITIIOUT GUEST IIOUSES, DUPLEXES, AND AI.I. OTHER UNITS TIlAT SIIARE IN COMNION A DUMPSTEIL BULK LOADER OR SUBSTANTIALI.Y SIMli.AR SOl. ID WASTE COLLECTION CONTAINER; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION INTO THE CODE OF I.AWS AND ORDINANCES: PROVIDIN('; AN EFFECTIVE DATE. WitEREAS. Ordinance No. 90-30, as amended, (being Article IV, Division I of Chapter 118. of the Collier County Code) excludes front the definition "Commercial Property" single family residences, duplexes, triplexes, and fourplexes that are not under one commonly shared roof; and WHEREAS, Ordinance No. 90-30, as amended, defines all "guest houses" as "noncommercial property"; and WIlEREAS, to achieve more equity in the application of"similar rates for similar sen'ices", single family residences, with or without guest houses, triplexes. fourplexes, and any other units that share a dumpster, bulk loader, or substantially similar container for collection of solid waste by or on behalf of ('oilier County are hereby classified to commercial property; and WHEREAS, Notice of the public hearing at which the Board of County Commissioners shall consider whether to enact this Ordinance has been achieved pursuant to the requirements of subsection 197.3632(4)(b), i.7orida Statutes, by mailing the required written notice by first class mail to the owners of units that will have their solid waste collection rates charged by application of this Ordinance if this Ordinance should be enacted into law, which notice concurrently Words ~ arc added: ~ords ~ are deleted. meets the "Adoption of Ordinance" notice requirements for one public hearing pursuant to subsection 125.66(2)(a), Florida Statutes; and WItEREAS, thc Board of County Commissioners has received written objections and has heard testimony from all interested persons ,,,,'ho presented to the Board such objections and/or testimony, and after having considered such information in accordance with subsection 197.3632(4)(c), Florida Statutes. NOW, THEREFORE, BE IT ORDAINED BY TIlE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE. Section One of Collier County Ordinance No. 90-30, entitled "Definitions" as amended by Ordinance No. 91-36 and by Ordinance No. 95-78, is hereby further amended to amend the definition of "Commercial Property" as follows: Commercial ProperO' means hotels, motels, multi-family _a~ residences with or wi w ' 'v Ik ollccti n ervic ~ulk loader or n t er o re 'v' s h service; ~ · ~m~44a~,4~a~~~; recreational vehicle parks, mobile home parks containing mobile homes, excluding those mobile homes not located in mobile home parks that are considered real property under the state constitution and state law; all commercial manufacturing, agricultural, industrial and institutional enterprises; also, any building or structure containing a dwelling unit or units that is furnished, with or without rent, as an instant of employment, regardless of the number of dwelling units under one common roof', which is located upon real property that is the site of said employment and upon which arc located buildings or structures otherwise treated as commercial property under the terms of this section. SECTION TWO. CONFLICT AND SEVERABILITY. In the event that this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply, if any phrase or portion of this Ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and Words ~ are added; words ~ are deleted. 2 independent provision and such holding shall not affect the validity of the remaining portion. SECTION THREE. INCLUSION IN THE CODE OF LAWS AND ORDINANCES. The provisions of this Ordinance shall become and be made a part of the Code o£ Laws and Ordinances of Collier County, Florida. The sections oF this Ordinance may be renumbered or relettered to accomplish such, and the word "Ordinance" may be changed to "section", "article", or other appropriate word. SECTION FOUR. EFFECTIVE DATE. This Ordinance shall take effect upon filing with the Department of State. The waste collection rate changes caused by application of this Ordinance shall be applied to all affected units as soon as practicable pursuant to the applicable prerequisite requirements of Chapter 197, Florida Statutes. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this ~ day of~- ATTEST: DWIGHT E. BROCK, Clerk By:~~. st~at~re on l.~, · 1998. BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA Approved as to form and l~?~sufficiency: Ro-dheY C./,Wade . Assistant County Attorney Word~ underl~ ~r~ ~sdded; ~m'ds ~ ~re deleted. STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Gollier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 98-68 Which was adopted by the Board of County Comissioners on the 4th day of August, 1998, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 6th day of August, 1998. DWIGHT E BROCK .' · ~ ~ " - °,, Clerk of Courts an~.:c~k-' .... '.' .'~ '" ~'EX-O " ' ' £f~CiO CO Board ~':0".' ·" ' .' Cowry Co~iss ~ ~,.. ~, . :. . ~ ..'-. ~ D~pug~ Clerk "., . ~'~i,.; ~ ...,' . NAPLES DALLY NEWS Published Daily Naples, FL 33940 Affidavit of Publication State of Florida County of Collier Before the undersigned authority, personally appeared P,. Lamb , who on oath says that they serve astheAssr- Corp. Secretary of the Naples Daily, a daily newspaper published at Naples, in Collier County. Florida; that the attached copy of the advertising, being a Notice of Intent to Consider Ordinance inthematterof water/sewer systems impact fee ordinance was published in said newspaper 1 times in the issues starting on7/24/98 nnd ending on ..... Afhant further says mat me sad Nal3es DaVy News is a newspaper published at Naples, in ~ ~ County. Flork:la.~ that the maid newspaper has heretofore been contim. K)usly pul3astled in &aid Collar County, Florida. each day and has been entered as second class ~ matter at the post off:ce ,n Naples. ,n sad ~ County, Florida. for a period of 1 year next pryIng the first pubticat~)n of the attached copy of advertisement; and affiant further says that he has neither paid not promised any person, firm or corporabo~ any discount, rebate, commiss~n or refund for the purpose of secur,ng this advertisement for pu~lcat,on in the sar newspaper. (S :jna e A.mru) Sworn to and subscribed before me this 24 day of July 1998 Personally known Type of Identifc--,ation Produced PIJBLIC NOTICE PUBLIC NOTICE Pt~BI.IC NOTICE ~ NOTICE OF INTENT ToCONSIDER ORDINANCE No~ce ~s hereby given that on TUESDAY, AUGUST 4, 1998, in the Boardroom 3~d Ftoor, Adm~mstration Building, Colher County Government Cer, ter, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commiss,one~ will consider the enactment of a County Ordinance. The meeting will commence at 900 AM. The btle of the proposed Ordinance is as follows: AN ORDINANCE TO BE KNOWN AS THE COLLIER COUNTY REGIONAL WATER AND/OR SEWER SYSTEMS IMPACT FEE: ORDINANCE; PROVIDING DEFINITIONS, PULES OF CONSTRUCTION; PROVIDING FINDINGS; PROVIDING FOR IMPOSITION OF REGIONAL WA:ER AND/OR SEWER SYSTEMS IMPACT FEES AS FOLLOWS: WATER AND SEWER SY'TE~'A IMPACT FEE SCHEDULES RESIDENTIAL: SINGLE FAMILY (No more than 4 bathrooms) SINGLE FAMILY (More than 4 bathrooms) MULTI-FAMILY DUPLEX MOBILE HOME TRAVEL TRAILER/ RV (TTRV) MULTI-FAMILY DUPLEX MOBILE HOME MULTI-FAMILY LIVING SPACE (Sq. Ft.) 0 to 4,999 Sq. Ft. Over 5,000 Sq. Ft. 0 to 750 Sq. Ft. 751 To 1,500 Sq. Ft. BASIS OF FEE ALLOCATION Per Per t Per 1.501 or Morel DUPLEX Sq. Ft. j MOBILE HOME [Per NON*RESIDENTIAL Per Unit Meter Size/' Per Unit Per Unit Per Unit Unit o~ Unit or S Per Unit Per Unit Unit or Space Per Unit Per Unit Unit or Space METER SIZE Per Ordinance Per Per Ordinance Per Ordinance ERC 1.0 n/a .33 WATER IMPACT FEE '~1,275.00 .67 WATER IMPACT FEE Based on Meter Size '420.00 '855.00 ~1,275.00 WATER METER SEWER SIZE IMPACT FEE SEWER IMPACT FEE '1,575,000 ~1,575.00 '520,00 ~1,055.00 ' 1,575.00 % '1,275.00 '1,575.00 I '3,188.00 '3,938.00 1% '6,375.00 s7,875.00 2 '10,200.00 '12,600.00 3 '20,40000 '25,20000 4 '31,875.00 ~39,375.00 6 '63,750.00 ~78,375.00 8 ~114,750.00 *141,750.00 10 ~184,875.00 *228,375.00 12 ~274,125.00 '338,625.00 PROVIDING FOR PAYMENT AND USE OF MONEYS; ALLOWING ALTERNATIVE FEE CALCULATIONS; PROVIDING FOR EXEMPTIONS; PROVIDING FOR COLLECTION OF IMPACT FEES UPON CHANGES IN SIZE AND USE; PROVIDING FOR AFFORDABLE HOUSING EXEMPTION AND AFFORDABLE HOUSING REIMBURSEMENT; PROVIDING INTEREST TO BE PAID ON CERTAIN REFUNDS: PROVIDING FOR DEVELOPER CONTRIBUTION CREDIT; PPOVIDING FOR PAYMENT AND COLLECTION OF WATER AND/OR SEWER SYSTEMS IMPACT FEES; PROVIDING FOR THE READOPTION OF THE COUNTY'S WATER AND SEWER MASTER PLANS; REPEALING COLLIER COUNTY ORDINANCES NOS. 8897 AS AMENDED, 90-86 AS AMENDED, 90-87 AS AMENDED, AND 92-87, ALL RELATING TO THE REGIONAL WATER AND/OR SEWER SYSTEMS IMPACT FEES; SPECIFYING EXCLUSION FROM THE ADMINISTRATIVE PROCEDURES ACT; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Copies of the proposal Ordinance are on file with the Clerk to the Board are available ~'o mspechon. All ,nterested parties are invited to attend and be heard. NOT. E: All persons wishing 10 speak on any agenda item must re~ister with the County admimstrator prior to presentation of the agenda ~ten~ to be addressed, Individual speaker~ will be limited to 5 minutes on any item. The 5elechon of an individual to speak on behalf of an organization or group or organizatio~ may be allotted 10 minutes to speak on an item. Persons wisJ3ing to have written o~ ~raphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prio~ tO the respective pubhc hearing, In any ca~e, written materials intended to be considered by the board shall be submitted to the approoriate County staff a minimum of ~ven days pdo~ to the public hearing. All material used in presentations before the board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a reco~d of the proceedings pertaining thereto and therefor, may need to ensure that a verbabm record of the proceedings is made, which record includes the testimony and ewdence upon which the appeal is based. BO^RD oF CO L,E. COUN. COMM,SS,O.ERS COLL'E. COM... F ,D^ B. B..Y. ,-' E...oc. ;7068 lesa$ 3xll 7-24 LEGA/CHABI- ~.AL[.C~[- 81 16:0/:10 ~ pUBLIC NOTIC~ pUBLIC NOTICE pUBLIC I~OTICE ICE OF INTENT TO C NSIDER ORDINANCE ~otsce is he e g n r .f30t E:~st Ta,,,tom_~.Trail, ..,_,-_.-=, , .O0 A M. The tit1· of the ~ lief Count/t~°ve'nme"! .Ce t~. .. /ne rm.,~etln will commlm~ it ~1'11 co~$1oer the e~actment of a County Ordlnar~.t. ..... VISING IMPACT FEE ORDINAI~CE; PROVID_I~?_ ~NO/OR S['WER SYSTEMS IMPACT FEF-~ WATER AND SEWER SYTEM RESIDENTIAL: LIVING SPACE (Sq, Ft.) FEE ON ~ '~s ~ FEE -~',~ ALL(~TION .... ~ FEE - Pot Unit %- 1.0 1,275.00 Mete Size/ Pet r~l BsI~I ~ q,575.00 Per UnR Ordinance Meter ~ Per Unit Per .33 ~420.00 ~520.00 Pe~ Unit Or, Mince Pet U~R ~ SeKo SINGLE FAMILY 0 lo 4,999 (No mom than S4. Ft. 4 bathrooms) SINGLE FAMILY Over 5,000 (Mom than Sq, Ft. MULTI.FAMiLY 0 to 750 DUPLEX Sq, Ft. MOBILE HOME TRAVEL TRAILER/' IULTI.FAMILY 751 To 1.BO0 Pet UnR Pet IPLEX Sq. Ft. Pet UnR Ordinance MOBILE HOME Pet Unit M S~4el ~_.MULTI-FAI~ILY ~ LSO~ M q,2?S.O0 ~.575.00 MMO Per U~R Per 1.0 -DUPLEX Sq. Ft. Per ~ ORdinance MOBILE HOME Per UnR e~ Sp~:e NON.RESIDENTIAL WATER METER WATER SEWER SIZE IMPACT IMPACT FEE FEE · 4-- ~ ~1,275.OO '1,575.00 ,67 ~8SS.00 '1,05S.00 I "3,188.00 ~3,938.00 1% '6,37S.00 e7'875'00 2 '10,200.0q °12'600'00 3 ~20,400 ~2S,200 *31,870.OO 139,37 5.00 ~ '63,750.00 '78~7S.00 8 '114,7S0.00 '141,7S0.00 10 '184,a7S.00 1228,375.00 ~2 ,274,12S.00 0338,625'00 MONEYS- ALLOW'lNG ALTERNATIVE FEE CALCULATIONSLPROVj01NG F R PAYMEt4T AND USE OF · HANGE$ IN SIZE AND USE:; pROVIDING O N OF IMPACT FEES UPON C R EMPTIONS: PROVJD. I_NG_ F.O..~R.,C~LLECTIO a~dr~ AFFORDABLE HOUSING REIMBURSEMENT; ~OROVII~DiNG FOR AFFORDAULI= r~Ou_S.,N_G._~E-X.E,~M.P,~T~IO~,N,~j~',",~,~/~'~i~- FOR 0~,V£LOP£R CONTRIBUTION PROVIDING INTERE:ST TO BE PAID ON L;t.t<s~m ~<c~u*-~,a ........ I.._ __ REDIT, PROVIDING FOR pAYmENT AND COLLECTION OF W_A_TER AN SI~ERW~M~k~,~i~TpE&SN[:M~pCTE,~LEIEN~ ~C~i~N~. ~'OR-)THF READOPTION OF THE. COUNTY'~__WA_T.[Ra~AI~I~eD ~SuEr.nrn ~-87 AS AMENDED, AND ~'~'~'I'i'~'I~'~;-O~J~T~ OROINANCES NOS. 88-97 AS~.~_A_M_EN..O.~.~'uj,o~,E .~'I:'~"'M'S'i/~'ACT FEES~ SPECIFYING_ .E~.,C..L. USI??~ F~R~Or~M~T~H~E~.ArcDMINI'~C]~,I~Ai'vr' r;~'~C~FLTC~ AI~D SEVF. RABIUTY' AND PROVIDING I.~w~ ~Jqu ~,~ ........ ; PR_VIDING FO ' co¢~,IderKI lin/ ~.e. board s,hell_?,_su_~,,~..?_..~faorl~r~oa~CO~l~laml~m~nent .ti of the n~:ord. public hearing. AIl ma.tarsal u~ea -! ~'"~'!~",~,'",~r~= ---..~ w~il ~ · reC0~t O~ the 0mc~di~ i:xl.~.einl~.g ~her~o Any person .who oecie~ to apl>eR) .a.o_.eC_is'.~on...~j~'~4~~' <d me m.~___-~_ ,n~, is m~de, vm~-.~ mco~d inc,uees me am:t themtor'~, meY neeO to ensure ma~ ~, ~,u., ,:, __. ---- testimony and evidence ut)on which the apl:~eal rS ~lt.e<3. I~OARD OF COLLIER COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ~ARBARA B. BERRY. CHAIRMAN DWIGHT E. BROCK, CLERK ~ _ P. Iilillli11111111111111111111111111111111111111111111111111.111111 /:I,]s~ 1,I0.: 26~-.48~ ,._ ,-,r2/. ", - ~ FROHI & LOCATION= Collier County C.ourthouse ,, FAX ,~: (S~3) 771.sioa~ , 985 ~7-2~ 22:49 ~ ~7-21 20:19 Date July 2i, 1998 Ms. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 33940 Re: Notice of Public Hearing to Consider the Regional Water and/or Sewer Systems Impact Fee Ordinance Dear Judi: Please advertise the above referenced notice one time on Friday, July 24, 1998, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Ellie Hof fman, Deputy Clerk Charge to 408-210110-648110 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on ~T~DA¥, AUGUST 4, 1998, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE TO BE KNOWN AS THE COLLIER COUNTY REGIONAL WATER AND/OR SEWER SYSTEMS IMPACT FEE ORDINANCEi_ PROWm~G VESt. nONS, RULES OF coNsxavc'no~; PRO~ FINDINGS; PROVIDINa FOR IMPOSmON OF REClONAL WATER AND/OR SEWER SYSTEMS IMPACT FEES AS FOLLOWS: WATER A~D SEWER SYSTEM IMPACt Fi:.E SCHEDULES RESIDENTIAL: LIV~G BASIS OF FEE METER ERC WATER SPACE AI.I~)C. ATION SIZE IMPACT (Sq. F~.) FEE SEWER IMPACT FEE SINGLE FAMILY (~o mom than 4 bathrooms) 0 to 4,999 Per Unit %" 1.0 Sq. FL SINGLE FAMILY Over 5,000 Meter Size/ Per (Mor~ than Sq. Ft. Per Unit Ordinance 4 bathroom~) MULTI-FAMILY 0 to 750 Per Unit DUPLEX Sq. Ft. Per Unit MOBILE HOME Per UnR or Space TRAVEL TR~H.~R/ Per Unit ~ Space ,MULTI-FAMILY .:751 ~o l,S00 '.~ P~Ualt DUPLEX Sq. FL Per U~ MOBrLr HOME P~' Unit or Space MULTI-FAMILY 1,501 or Mom P~'Unlt DUPLEX sq. Ft. Per Unit MOBILE HOME Per Unlt or Space $1,275.00 $1,575.00 Based on $1,575.00 Meter Size Per 33 $ 420.00 $ 520.00 NON-RESIDENTIAL: WATER ~R SIZE WAI-ER SEWER IMPACT IMPACT FE~ FEE ~4 I !-!/2 2 3 4 6 10 12 $ !,275.00 $ 1,575.00 $ 3,188.00 $ 3,938.00 $ 6,375.00 $ 7,875.00 $ 10,200.00 $ ! 2,600.00 $ 20,400.00 $ 25,200.00 $ 31,$75.00 $ 39,375.00 $ 63,750.00 $ 78.375.00 $114,750.00 $141,750.00 $184,1175.00 $225375.00 $274,125.00 $338,625.00 PROVIDING FOR PAYMENT AND USE OF MONEYS; ALLOWING FEE CALCULATIONS; PROVIDING FOR EXEMPTIONS; PROVIDING FOR COLLECTION OF IMPACT FEES UPON CIIANGF~S IN SIZE AND USE; PROVIDING FOR AFFORDABLE HOUSING EXEMPTION AND AFFORDABLE HOUSING REIMBURSEMENT; PROVIDING INTEREST TO BE PAID ON CERTAIN REFUNDS; PROVIDING FOR DEVELOPER CONTRIBUTION CREDIT; PROVIDING FOR PAYMENT AND COLLECTION OF WATER AND/OR SEWER SYSTEMS IMPACT FEES; PROVIDING FOR REVIEW HEARINGS; REQUIRING PERIODIC REVIEW; PROVIDING FOR THE READOPTION OF THE COUNTY'S WATER AND SEWER MASTER PLANS; REPEALING COLLIER COUNTY ORDINANCF~q NOS. 88-97 AS AMENDED, 90-86 AS AMENDED, 90-87 AS AMENDED, AND 92-87, ALL RELATING TO THE REGIONAL WATER AND/OR SEWER SYSTEMS IMPACT FEES; SPECIFYING EXCLUSION FROM THE ADMINISTRATIVE PROCEDURES ACI'; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: Ail persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted l0 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minim%Lm of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which bhe appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BARBARA B. BERRY, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Ellie Hoffman, Deputy Clerk (SEAL) COLLIER COUNTY REGIONAL WATER AND/OR SEWER SYSTEMS IMPACT FEE ORDINANCE ORDINANCE NO. 98- August 4, 1998 COLLIER COUNTY PUBLIC WORKS DIVISION ZZ01 'rA~aIAMI ~ ~AS'r COLLIER COUNTY REGIONAL WATER AND/OR SEWER SYSTEMS IMPACT FEE ORDINANCE OFC N N SECTION I. ADOPTION OF ORDINANCE. ARTICL !. D F, I D FIN~~R DE PTI FI ATIO A ER LANS. 1.01 Definitions ............................... 4 1.02 Areas Generally Excluded from Imposition of Water and/or Sewer Impact Fees ........................... 9 1.021 Areas Generally Excluded from Imposition of.Sewer lmpact Fees Only .......... ; ..................... 1 i 1.03 Rules of Construction .......................... 12 1.04 Findings ................................. 13 1.05 Readoption and Ratification of Master Plans .............. 15 ARTICLE II. WA / R SE R IMPACT FEES 2.01 Imposition ................................ 16 2.02 Payment ................................. 17 2.03 Use of Moneys ........ ; .................... 19 2.04 Alternative Fee Calculation ...................... 23 2.1 ARTICLElll. MISCELLAN USPR~ 3.01 Exemptions ............................... 25 3.02 ChangesofSize and Use ........................ 25 3.03 Interest to be Paid on Certain Refunds ................. 26 3.04 Affordable Housing . . . ;.~;~,;~ ...... , .-.. ........... 26 3.041 Affordable Housing Definitions, Benefits, Standards and Limitations. 31 3.05 Alternative Collection Method ..................... 33 3.06 Developer Contribution Credit ..................... 35 3.07 Review Ilearings ............................ 39 3.08 Review Requirement ........................... 40 SECTION 2. Repeal of Prior Ordinances Relating to the Regional Water and/or Sewer Systems Impact Fees ........................ 40/41 SECTION 3. Declaration of Exclusion from Administrntive Procedures Act ........................... 4 ! SECTION 4. Conflict and Severability .................. 4 ! SECTION 5. Inclusion in the Code of Laws and Ordinances ....... 41 SECTION 6. Effective Date ......................... 41 ORDINANCE NO. 98- ......... AN ORDINANCE TO BE KNOWN AS Tile COLLIER COUNTY REGIONAL WATER AND/OR SEWER SYSTEMS IMPACT FEE ORDINANCE; PROVIDING DEFINITIONS, RULES OF CONSTRUCTION; PROVIDING FINDINGS; PROVIDING FOR IMPOSITION OF REGIONAL WATER AND/OR SEWER SYSTEMS IMPACT FEES AS FOLLOWS: WATER AND SEWER SYSTEM I~IP~(7t' FEE SCIIEDULES RESIDENTIAL: LIVING BASIS OF FEE METER ERC WATER SPACE ALLOCATION SIZE IMPACT {Sq. Ft.) FEE SEWER IMPACT FEE SIN(; LE FAMILY 0 Io 4.999 (No more than Sq. Ft. 4 bathrooms) SINGLE FAMILY Oser 5,000 (More than Sq. FL 4 bathrooms) ?,IULTI-FAMILY 0 to 750 DUPLEX Sq. Ft. MOBILE IIOME TRAVEL TRAILER/ RV (TrR'O MULTI-FAMILY 751 to 1,500 DUPLEX Sq. Ft. MOBILE IIOME MULTI-FAMILY 1,501 or More DUPLEX Sq. Ft. MOBII.E IlOME Per Unit W' 1.0 $1,275.00 Meter Size/ Per n/a Based on Per Unit Ordinance Meter Size Per Unit Per Per Unit Ordinance Per Unit or Space Per Unit or Space Per Unit Per Per Unit Ordinance Per Unit or Space Per Unit Per Per Unit Ordinance Per Unit or Space 33 $ 420.00 $1,575.00 $1,575.00 520.00 · 67 $ 855.00 $1,055.00 1.0 $1,275.00 Sl,575.00 NON-RESIDENTIAL: WATER METER SIZE WATER SEWER IMPACT IMPACT FEE FEE ~ $ !,275.00 S 1.575.00 I $ 3,188.00 S 3,938.00 l-lQ $ 6,375.00 $ 7,875.00 2 $ 10,200.00 $ 12,600.00 3 S 20.400.00 $ 25.20000 4 S 31.875.00 $ 39,375.00 6 S 63.750.00 S 78,375.00 8 S114,750.00 $141.750.00 l0 $184.875.00 $228,375.00 12 $274.125.00 $338,625.00 PROVIDING FOR PAYMENT !,AND USE. OF MONEYS; ALLOWING ALTERNATIVE FEE CALCULATIONS; PROVIDING FOR EXEMPTIONS~ PROVIDING FOR COLLECTION OF IMPACT FEES UPON CHANGES IN SIZE AND USE; PROVIDING FOR AFFORDABLE HOUSING EXEMPTION AND AFFORDABLE IlOUSING REIMBURSEMENT; PROVIDING INTEREST TO BE PAID ON CERTAIN REFUNDS; PROVIDING FOR DEVELOPER CONTRIBUTION CREDIT; PROVIDING FOR PAYMENT AND COLLECTION OF WATER AND/OR SEWER SYSTEMS IMPACT FEES; PROVIDING FOR REVIEW IIEARINGS; REQUIRING PERIODIC REVIEW; PROVIDING FOR TIlE REAl)OPTION OF TIlE COUNTY'S WATER AND SEWER MASTER I'I,ANS; REPEAl,lNG COLLIER COUNTY ORDINANCES NOS. 88-97 AS AMENDED. 90-86 AS AMENDED, 00-87 AS AMENDED, AND 92-87, ALL REI.ATING TO TIlE REGIONAL WATER AND/OR SEWER SYSTEMS IMPACT FEESi SPECIFYING EXCLUSION FROM TIlE ADMINISTRATIVE PROCEDURES ACT; PROVIDING FOIL INCLUSION IN TIlE CODE OF LAVqS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE, W11EREAS. the Board of County Commissioners has approved master plans with timetables to provide regional water and sewer systems in certain portions of the unincorporated areas of Collier County. which comprise the Collier County Water-Sewer District: and WI ! ER EAS. the Board of County Commissioners has authorized the issuance of water and sewer utility revenue bonds and has applied for federal and state grants to finance construction of water and sewer systems as provided for in the approved master plans; and W! ! EREAS, Collier County Land Development Regulations and policies require that owners of lands provide certain distribution facilities, and in recognition thereof the Board of County Commissioners does not include the cost of those distribution facilities in its calculation of water and/or sewer systems impact fees to provide treatment; and WIlEREAS, it is neces.~'y to more clearly state the long-standing policy of the Board relative to what facilities are and are not paid for through revenues derived from the water and/or sewer systems impact fees. NOW, TIlEREFORE, BE IT ORDAINED BY TIlE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION I. ADOPTION OF ORDINANCE. This ordinance, the Collier County Regional Water ancL'or Sewer Systems Impact Fee Ordinance. is hereby adopted to read as follows: ARTICLE i [)y:FI.~JTI¢)N.q, EXCL!.'DED/~REASs RU!,ES OF ('O,XSTRt'¢'rI(..~, FINI)IN(;S, [l_[2.,_X POp!iON AND RATIFICATION OF MA.~IER PI,ANS. Section 1.01. i)cfinitions. When used in this Ordinance. the following terms shall have the following meanings, unless the context clearly indicales otherx,dse: "Affordable llou~ing" shall mcan a dwelling unit which is offered for sale t~r rent for an mount which is within thc standard set fi~rth and established in this Ordinance under Affordalqe I lousing. "Affordable Ilousing, Deferral" shall mean the act of delaying, postponing or putting offto a future tim¢. "Affordable I lousing, Waiver" shall mean the voluma~' fight to intentionally relinquish or abolish. "Alternative Water and/or Sewer Systems Impact Fees" shall mean any alternative fee calculated by an applicant and approved by the Board pursuant to Section ....04 of this Ordinance. "Alternative Water and/or Sewer Systems Impact Fee Studies" shall mean a study prepared by an applicant or o,~vner and submitted to the Count)' Administrator pursuant to Section 2.04 of this Ordinance. "Applicable Improvement" shall mean any land use that may create a gro,,~lh necessitated demand upon thc County Regional Water and/or County Regional Sewer Syslems. "Applicant" shall mean the person who applies for a building permit. "Board" shall mean thc Board of County Commissioners of Collier County. Florida. Where the context allows, the term "Board" shall also be deemed to include the ex.officio G~wcrning Board of the Collier County Water-Sewer District. "Building" shall mean any structure, either temporaQ' or permanent built for the support, shelter or enclosure of persons, chattels or property of any kind. or any other improvement, use, or structure which creates, or increases potential, demand on the water utility system operated by thc Collier County Water-Sewer District or Collier County, or both. This term shall include all dwellings, trailers, mobile homes, or any vehicles functioning as a building. "Building Permit' shall mean an official document or certificate issued by thc authority having jurisdiction, authorizing the construction or siting of any building. For purposes of this Ordinance, the term "Building Permit" shall also include tie-down permits for those structures or buildings, such as a mobile home, that does not otherwise require a building permit in order to be occupied. "Collier County Water-Sewer District Water Meter Size" shall mean the water meter size determined under the provisions of Ordinance No. 97-17. as amended. "Comprehensive Plan' shall mean the Comprehensive Plan of the County adopted and amended pursuant to the l.ocal Government Comprehensive Planning and l.and Development Rcgulation Act. "County" shall mean Collier County. a political subdivision of the State of Florida. %q~cre the context allows or requires, the term "County" shall also be deemed to include the Collier County Water-Sewer District. "County Attorney' shall mcan the person appointed by the Board to scrx'c as its counsel, or the designee of such person. "County Admini%trator" shall mcan thc chief ;~dministrative officer of the County. appointed by the Board. or designee of such person. "District" shall mcan the Collier County Water-Sc~cr District, a political subdivision of the State of Florida. w'ho~ governing board is ex-officio the Board of County Commissioners of Collier County, Florida. "Dwelling" shall mean any building, or part thereof, intended or designed for residential occupancy and which consists of one or more rooms which are arranged or used as living qumaers. "Dwelling, Adult Congregate Living Facilities" shall mean any building(s), section ora building, distinct part ora building, residence, private home, boarding home, or other place, whether operated for profit or not, which undertakes flu'ough its ownership or management to provide for a period exceeding 24 hours, housing, food sen'ice, and one or more personal sen'ices for four or more adults, not related to the owner or administrator by blood or marriage, who require such sen'ices and tn provide limited nursing services. ,aben specifically licensed to do so pursuant to F.S. 400.407. The faciliD' shall be licensed and approved as such by Florida department of health and rehabilitative sen'ices. A facility offering personal .~r','ices or limited nursing sen'ices for fewer than four adults is within the meaning of this definition if it formally or informally advertises to or solicits the public for residents or referrals and holds itself out to the public to be an establishment which regularly provides such sen,ices. The terms "Assisted or Extended Care" and Nursing l-lome" shall be synonymous with the term "Adult Congregate Living Facilities" as used in this ordinance relating to the subject matter addressed by this Ordinance. "D,'clling, Duplex" shall mean a single, freestanding, conventional building on a single Int. which contains only two dwelling units and is intended, designed, used and neet,pied as two dwelling units under single ownership, or where each dwelling unit is separately oa'ned or leased but thc lot is held under common ownership. "Dwelling, Garden Apartment" shall mean a dwelling unit which is accessed from an interior common space in a building consisting of more than one dwelling unit v, hich may contain dwelling units in a vertical arrangement. "D,'elling, Mobile llome" shall mean a detached dwelling unit complying with all of the following characteristics: (a) designed for long-term occupancy and containing sleeping accommodations, a flush toilet, a tub or showerbath, and kitchen facilities, with plumbing and electrical connections provided for attachment to outside systems; (b) designed for transportation (after fabrication) on streets or highways on its ox~ wheels: and (c) arriving complete at the site where it is to be occupied as a dwelling, and read.,,' for occupancy except for minor and incidental unpacking and assembly operations, location on jacks or other temporary or permanent foundations, connection to utilities and thc like. A mobile home struclure shall be transportable in one or more sections. "Dwelling, Modular Home" is a dwelling unit, constructed as a total entity or in parts ora total entity, which is constructed other than on the building site and ~hich is then moved In and erected on the building site. A mobile home is not considered a modular home unless its maker's name appears on the approved listing of such construction in the Stale of l:lorida. For thc purpose of Ihe computation of water and'or sex, er impact fees a modular home shall be considered as a single family dwelling. "Dwelling, Multiple-Family" shall mean a group of three or more dwelling units within a single conventional building, attached side by side. or one above the other, or both, and wherein each dwelling unit may be individually owned or leased initially on land which is under common or single ownership. For purposes of determining whether a lot is in muhiple-family dwelling use. the following considerations shall apply: a. Multiple-family dwelling uses may involve dwelling units intended to be rented and maintained under central ownership and management, or cooperative apartments. condominiums, and the like and may include the fee ownership of land beneath each dwelling unit following development from a common base ofownership. b. An> multiple-family dvselling in ahich dxxclling anita are amiable fi,r rental for lr, cri~ls of less than one week shall be considered a tourist home. a motel, motor hotel, or hotel, as the case may be. and shall only be permiucd in districts v, hcre specifically designated. c. For the purpose of thc computation of water and or scxxer impact l'ecs the fi~llt}wing shall be considered multiple-family dixelling units: guesthou.scs, servants' quarters, in-law apartments, garden apartments, townhouscs, adult congregate living facilities, assisted or extend~ care living facilities and nursing homes. "Dwelling, Single Family" shall mean a building xxhich contains only one dx~clling unit and is intended, designed, used and occupied by no more than one family. "Dss'elling, Toss nhouse" shall mean a group of three or more dwelling units attached to each other by a common xYall or roof wherein each unit has direct exterior access and no unit is located above another. and each unit is completely separated from any other(s) by a rated firewall or a fire and sound resistant enclosed separation or space, and wherein each dxxelling unit may or may not be on a separate 1o! under separate ownership. "Dwelling Unit" shall mean a building or portion ora building designed for or whose primary purpose is for residential occupancy, and which consists of one or more rooms which are arranged, designed or used as living quarters for one or more persons. Also. room or rooms connected together, constituting a separate, independent housekeeping establishment for no more than one family and physically separated £rom any other rooms or dwelling units which ma.,,' be in the same structure. A dwelling unit must contain sleeping and sanitar)' facilities and a primal' kitchen. "Encumbered" shall mean moneys commit'led by contract or purchase order in a manner that obligates the Count>' to expend the encumbered amount upon the deliver)' of goods, the renderin8 of services or the conveyance of real property interests by a vendor, supplier, contractor or os,mcr. "Equixalent Residential Connection" or "ERC" generally represents the equivalent usage rcquirctnents ora single family residential customer. For the purpose of this Ordinance, an ERC will have an assigned value of 1.0. One I I } ERC is deemed to be equal to a flow of three hundred fifty (3501 gallons per day (GPD) for water: and one { I ~ ERC is deemed to be equal to atlow of two hundred eighty (2801 gallons lx'r day tGPDI for sewer. The assumed F. RC gallonage has bccn based on stalistical data establishing an average residential use, and ii is recognized that the uses for some types of residential units may be greater or smaller than the average assumed for this calculation. "Florida Local Government Devclopmen! Agreement Act" means the provisions of Sections 163.3220 through 163.3243. Florida Statutes. as amended or supplemented, or its successor in function. "Impact Fee" shall mean the fee imposed by the County pursuant to Section 2.01 of this Ordinance. The term impact fee shall be synonymous with the term "System Development Charge" as used in this or prior ordinances relating to the subject matter addressed by this Ordinance. "Living Area" means actual square footage which could be air conditioned or heated space contained under roof or those areas under roof that are normally insulated against the exterior elements. "Local (;overnment Comprehensive Planning and Land Development Regulation Act" means the provisions of Part 11. Chapter 163. Florida Statutes. as amended or supplemented, or its successor in function. "Non-Residential" shall mean commercial, moteL.hotel or any other development upon land that does not quali~'as Residential. "Owner" shall mcan the person or persons holding legal title to the real property that is subject to impact fees. "Person" shall mean an individual, a corporation, a partnership, an incorporated association, trust, or any other entity. "Public Works Administrator" shall mean the person appointed by the Board or the County Administrator. or the designee of such person, to supervise the administration, operation and acquisition of the Regional Water and/or Regional Sewer Systems. "Recreational Vehicle (RV)" shall mean a vehicular, portable structure built on a chassis, designed to be used as a temporao' dwelling for travel, recreational or vacation use which is identified by the manufacturer as a travel trailer and does not exceed 480 square feet in gross floor area. "Regional Water System" shall mean the potable water utility system directly connected to treatment facilities operated by the Collier County Water-Sewer District or Collier County, or both. "Regional Sewer System" shall mean the wastewater or sanitary sewer utility systems directly connected to treatment facilities operated by the Collier County Water-Sewer District or Collier County or both. "Residential" shall mean multi-family dwelling units, condominiungtownhouses/garden apartments, mobile homes, travel trailer recreational vehicle, single family detached houses or any other development upon land that qualifies as a dwelling. "S.vstem Development Charges" See definition for impact fee. "Time Periods," Calculation of: All time periods contained within this Ordinance shall be calculated on a calendar basis, including Sundays and legal holidays, but excluding the date of the earliest receipt of said Notice of Impact Fees Statement or the date of the Boards decision in the event of an appeal. In the event the due date falls on a Sunday or legal holida.v, the last due date prior to becoming delinquent shall be th,: next business day. "Travel Trailer (TTI" shall mean a vehicular, portable structure built on a chassis, designed to be used as a temporary dv~'elling for travel, recreational or vacation use u,'hich is identified by the manufacturer as a travel trailer and does not exceed 4g0 square feet in gross floor ama. "Water and/or Sewer Systems Impo, et Development" shall mean development upon lands within the Collier County Water-Sewer District. exclusive of the lands encompassed by the areas described in Section 1.02 of this Ordinance, which shall be subjected to the payment of impact fees under this Ordinance or its predecessor in function, upon the first occurrence of an.v of the following: (a) Whenever any building, structure or applicable improvement which has not previously paid impact fees under this Ordinance. or its predecessor in function, connects to the Regional Water and/or Regional Sewer Systems; or (b) Whenever aa)' building, structure or a?plicable improvement ehich is connected to an interim ~ater and'or sewer sFstcms is connected, either directly or indirectly, to the Regional Water ancL'or Regional Sec'er Systems; or (c) Whenever any person applies for a building permit to construct a building, structure or applicable improvement within the boundaries of the Collier County Water-Sewer District, even though the subject lands is receiving or may receive interim water and/or sewer services from a source other than the Collier Count)' Water-Sewer District: or (d) Whenever a person applies for a building permit to alter an existing building, structure or applicable improvement then connected to the Regional Water and/or Regional Sewer Systems. it* such alteration increases the demand on the potential demand on thc Regional Water and/or Sewer Systems. Section 1.02. Areas Generally Excluded from Imposition of Water and/or Sewer Impact Fees. Lands v,~thin Collier County generally excluded from the definition of Water and/or Sewer Systems Impact Development as defined herein: A. Those areas lying within the boundaries of the Marco Water and Sewer District. Exclusion of the Masco Water and Sewer District recognizes that this area is not presently planned to be served by treatment capabilities of the Regional Water and/or Regional Sewer Systems. B. Those areas lying within the boundaries of the Goodland Water District. Exclusion of the Goodland Water District recognizes that this area is not presently planned to be served by the treatment capabilities of the Regional Water and/or Regional Sewer Systems. C. Golden Gate Estates. Unit No. I, Plat Book 4. Page 73, Public Records of Collier County. Florida. I). Golden Gate Estates. Unit No. 2. Plat Book 4. Page 75, Public Records of Collier County. Florida. E. Golden Gate Estates. Unit No. 3, Plat Book 4, Page 77, Public Records of Collier County, Florida. F. Golden Gate Estates. Unit No. 4. Plat Book 4 Page 79. Public Records of Collier County. Florida. G. Golden Gate Estates. Unit No. 26. Pla[ Book 7. Page 15. Public Records of Collier Count.,.'. Florida. 11. Golden Gate Estates. Unit No. 27. Plat Book 7. Page 17. Public Records o£Collier County. Florida. I. Golden Gate Estates, Unit No. 28, Plat Book 7. Page 19. Public Records of Collier County. Florida. .l. Golden Gate Estates. Unit No, 29. Plal Book 7. Page 57. Public Records of Collier Coumy, Florida. K. Golden Gate Estates, Unit No. 30, Plat Book 7, Page 5~. Public Records of Collier Count:,.'. Florida. This subdivision is now pan of Florida Cities Water Company's certificated area. L. Golden Gate Estates, Unit No. 31, Plat Book 7, Page 59. Public Records of Collier County, Florida. This subdivision is now part of Florida Cities Water Company's cerlificated area. M. Golden Gate Estates, Unit No. 32. Plat Book 7, Page 21, Public Records of Collier Count)'. Florida. N. Golden Gate Estates, Unit No. 33, Plat Book 7. Page 60, Public Records of Colller County. Florida. O. Golden Gate Estates, Unit No. 34, Plat Book 7, Page 23, Public Records of Collier County, Florida. P. Golden Gate Estates, Unit No. 35, Plat Book 7, Page 85, Public Records of Collier County, Florida. Q. Golden Gate Eslates, Unit No. 95, Plat Book 9, Page 45, Public Records of Collier County, Florida. R. Golden Gate Estates, Unit No. 96, Plat Book 7, Page 94, Public Records of Collier County, Florida. S. Golden Gate Estates, Unit No. 97, Plat Book 7, Page 95, Public Records of Collier County, Florida. Exclusion of the above-referenced areas in Golden Gat~ Estates recognizes thai the nattu~ of the previous development, the platting of these areas primarily into large residential tracts and the present zoning and constraints of the Comprehensive plan have severely limited the density and use ofthese areas in such a way as to make it economically impractical to serve most of these areas in the foreseeable future via the Regional Water and/or Regional Sewer Systems or any other centralized water and/or sewer utility. T. Those areas lying within the Marco Shores, Unit I, Sections 26 and 27, Township 52 South, Range 26 East, and recorded in Plat Book 14, Page 34 of the Public Records of Collier County, Florida. Exclusion of the Marco Shores, Unit 1, recognizes that this area is not presently planned to be served by treatment capabilities of the Regional Water and/or Regional Sewer Systems. U. Ridge Farms Subdivision (not platted) described as follows: Begin at Southeast comer of Section 6, Township 49 South, Range 26 East, Collier County, Florida; thence noah 88 degrees 50 minutes 15 seconds east along the south line of said Section 6; thence noah 0 degrees 13 minutes 20 seconds '*'est along the eas~ line of Section 6 a distance of 3044.40 feet to the east quarter comer; thence continuing noah along said line a distance of 428.84 feet; thence leaving said east line.north S8 degrees 40 minutes 58 seconds west, a distance of' 1255.80 feet; thence south I degree I0 minutes :35 seconds east, a distance of 523.35 feet; thence south 0 degrees 00 minutes 00 seconds east, a distance of 137.19 feet; thence north 8g degrees 41 minutes 53 seconds west, a distance of 3959.46 feet to the east line of aforesaid Section 6; thence south 0 dei~'es 00 minutes 00 seconds east along said east line a distance of 3038.77 feet to the point of beginning. Said described tract contains ~371.460 acres, more or less. More generally described as those properties adjacent to or abutting Hunters Road, Livingston Road, and Daniels Road. tO 1 V. Areas North of Radio Road. located within Section 3 I, Township 49 South, Range 26 East, Collier County. Florida, generally described as those properties adjacent to or abutting San Marco Blvd., St. Clair Shores Road, Owen Lane, and Family Circle Lane. W. All of Section 8, Township 50 South. Range 26 East (excluding Falling Waters); Parts of Section 9. Township 50 South. Range 26 East; Parts of Section 16, Tovmship $0 South, Range 26 Easl; Part of Section 17, Township $0 South, Range 26 East; and Part of Section 7, Township 50 South, Range 26 East all of Collier Count),, Florida; more specifically described as.those properties adjacent to or abutting Heritage Trail, Unity Way, Cope Lane, Crews Road. County Barn Road, Sheddon Lane, Whittaker Road, Sunset Blvd., Sandy Lane, Adkins Avenue, Everett Street, Polly Ave., Wendy Lane, Landsdale Lane and Cynthia Way. X. Those a~eas lying within the Key Marco Community Development District. Exclusion of the Key Marco Community Development District recognizes that this area is outside the Collier County Water-Sewer District. Y. Ail those areas lying within the Collier County Water and Wastewater Authority.certificated areas of Florida Cities Water Company, and Florida Water ,gervie. es Corporation (formerly known aa Southern States Utilities,/nc.), or their successors or assign% located within Collier County, Florida. (The only exceptions to this provision to provide service within these certificated areas may exist when the parties enter into a written agreement for water service to be provided by the County.) Z. All those areas located within the City of Naples sendce areas as described in the October, 1977 City/County Agreement and amendments thereto. AA. Area of CR951and US41: one mile sections that run west of the Collier County Water- Sewer District Boundary described as follows: All of Section 36, Township 49 South, Range 26 East; All of Sections I, l 1, 14, 23, 26 and 35, Township 50 South, Range 26 East: All of Section 2, Township 51 South. Range 26 East; Parts of Sections I, II, and 12. Township 51 South, Range 26 East; Parts of Sections 7, g, 16, 17, 1 g, 20, 2 I, 22, and 27, Township 51 South, Range 27 East, ali of Collier County, Florida. However. the above exclusions are not absolute and lands lying w/thin the excluded areas which are either required to connect to or request connection to the Regional Water System, or otherwise create a grov,'th necessitated demand upon the Regional Water System, shall be subject to the imposition of impact fees under Section 2.01 of the Collier County Regional Water System Impact Fee Ordinance in the same manner as if said lands are logically characterized as Water System Impact Development. Section 1.021. Additional Areas Generally Excluded from Imposition of Sewer Impact Fee~ Only. Lands within Collier County generally excluded from the definition of Sewer System Impact Fees are described as: A. Those areas lying within the Pi,lc Ridge Subdivision as shown in Plat Book 3, Page 24, Public Records of Collier County, Florida. B. Pine Ridge Extension, Plat Book 3, Page 51, Public Records of Collier County, Florida. C. Pine Ridge Subdivision, Plat Book 4, Page 29, Public Records of Collier County, Florida. I! 12C?' 4 D. Pine Ridge Second Extension. plat Book 10. Page 86. Public Records of Collier County. Florida. E. Pine Ridge Second Extension. Plat Book 12, Page 57°58. Public Records of Co{licr Count),, Florida. Exclusion of the above-referenced areas in Pine Ridge Subdivision, Pine Ridge Extension. and Pine Ridge Second Extension recognizes thai [he nature o£ the previous deve{opmenl, the plaiting of these areas primari{y inlo large residential Iracts and [he present zoning and constrainis of the Comprehensive Plan have severely limited the density and use of these areas in such a way as to make ii economically impractical lo scr~'e most of these areas in [he foreseeable future via the Regional Water and/or Regional Sewer Systems or any other centralized waier or centralized sewer utility. F. Coconut Creek, Unit {, accordin{ to P{al Book {, Page 108, Public Records of Collier County, Florida; Coconut Creek, Unit 2, Plat Book 3, Page 4, Public Record of Coil{er County, Rorids; Coconut Creek, Unit 3, Plat Book 3, Page 48, Public Records of Collier County, Florida; Wesrview Plaza, Plat Book 13. Page $0, Pub{lc Records o£ Collier County, Florida; more specifically described as l,hose properlies adjacenl to or abutting Lorraine Road, Kathy Street. Gall Blvd., Road, Westview Drive, and on North Road. - ' G. Four Seasons, according to Plat Book 10, Page 9:5, Public Records of Collier County, Florida; and Four Seasons Unit 2, me. cording to Plat Book 12, Page 6, Public Records of Collier County, Florida. H. Quail Woods (previously known as Edge~ld), according to Plat Book 13, Page 44, Public Records of Collier County, Florida; more specifically described as all single family lots adjacent to or abutting "The Lane". 1. Fall Pines, according to Plat Book 12, Page 70, Public Record of Collier County, Florida. J. Isle of Capri No. 1, according to Plat Book 3, Page 41, Public Records of Collier County, Florida; Isle of Capri No. 2, according to Plat Book 3, Page 46, Public Records of Collier County, Florida; Isle of Capri No. 3, according to Plat Book 3, Page 66, Public Records of Collier County, Florida; and isle of Capri Business Section, according to Plat Book 3, Page 52, Public Records of Collier County, Florida. Ilowever, the above exclusions are not absolute; Lands lying within the excluded areas which arc either required to connect or request connection to the Regional Sewer System, or which otherwise create a gro~ah necessitated demand upon the Regional Sewer System shall be subject to [he imposition of impact fees under Section 2.01 of the Collier County Regional Sewer System Impact Fee Ordinance in the same manner as ifs{fid lands are logically characterized as Sewer System Impact Development. Section 1.03. Rule~ of Cons{ruction. For the purposes ofadministration and enforcement of this Ordinance, unless otherwise stated in this Ordinance, the following rules of construction shall apply: A. In case of any difference of meaning or implication between the text of[his Ordinance and any caption, illustration, appendix, summmy table, or illustrative table, the text shall control. B. The word "shall" is always mandator,., and not discretionary. The word "may" is always l~'rmissive. C. Words used in the present tense shall include the future; and words used in the singular shall include the plural and the plural the singular, unless the context clearly precludes such construction; use of the masculine gender shall include the feminine gender. D. The phrase "used for" includes "arranged for," "designed for," "maintained for," or "occupied for." F.. Unless the context clearly indicates the contrary., where a regulation involves two or more items, conditions, provisions, or events connected by the conjunction "and," "or" or the conjunction shall be interpreted as follows: 1. "And" indicates that all the connected terms, conditions, provisions or events shall apply. 2. "Or" indicates d~t the connected terms, conditions, provisions or events may apply singly or in any combiaation. 3. "Either...or" indicates that the connected items, conditions, provisions or events shall apply singly bm not in combination. F. The word "includes" shall not limit a term to the specific example, bm is intended to extend its meaning to ali other instances or citcumstanc~ of like kind or character. G. The terms "growth", "growth necessitated improvements", "future growth" and the like shall refer and shall be construed as referring to Water ami/or Sewer Symms Impact Development either occurring or connecting, directly or indirectly, to the Regional Water and/or Regional Sewer Systems subsequent to the effective date of this Ordinance. Section i.04. Findings. It is hereby ascertained, determined and declared that: A. '/'he Florida Legislature has adopted growth management legislation which requires local governments to plan for and provide for capital infrastructure facilities such as water and sewer systems. B. The Board has alternative, cumulative and supplemental authority to plan for and provide water and sewer systems under the Laws of the State of Florida. including, but not limited to. Chapters 125.153 Pan Il. 163, and 380. Florida Statutes; Chaptcrs 67-1246, 78-489 and 88-499, Laws of Florida; and Article VIII of the Constitution of d,,c State of Florida. C. Collier County Land Development Regulations and policies require persons to install, use, operate or employ interim water and/or interim sewer treatment facilities when such persons choose to develop lands in advance of the expansion of the Regional Water and/or Regiomd Sewer Systems within the District. D. Collier County Land Development Regulations and policies require that owners o£1ands connected to interim water and/or interim sewer facilities disconnect from such facilities and connect to the Regional Water and/or Regional Sewer Systems whenever the Regional Water and/or Sewer Systems becomes available to such land. 13 E. Future demand represented by Water and/or Sewer Systems impact Development should contribute its fair share to thc cost of improvements and additions to thc Regional Watcr and/or Regional Sewer S)'stems. F. Implementation of impact Fees to require Water and/or 5ev,'cr Systems Impact Development to contribute its fair share of the cost of improvements and additions to thc Regional Water and/or Regional Sewer Systems is an integral and vital element of the regulatory plan of growth management incorporated in the Collier Count)' Comprehensive Plan. G. Capital p]arming is an evolving process and thc level of service idcntificd in thc Collier County Comprehensive Plan for the Rcgional Water and/or Regional Sewer Systems constitutes a projection of anticipated riced for water and/or waste water and/or sewer treatment and transmission facilities, based upon present knowledge and judgment. Thcrefore, in recognition of changing grov, lh pattcms and thc dynamic nature ofpopulation growth, it is thc intent of the Board that the level of service for thc Regional Water and/or Regional Sewer Systems and thc Impact Fees imposed be reviewed and adjusted periodically, pursuant to Section 3.08 of this Ordinance, to insure that the Water and/or Sewer Systems Impact Fees arc imposed equitably and lawfully, based upon actual and anticipated growth at the time of their imposition. Il. Thc imposition of thc Water and/or Sewer Systems impact Fees is to provide a source of revenue to fund thc construction and improvement of the Regional Water and/or Regional Sc-wet Systems either necessitated by growth or as dclincated in thc Capital Improvement Element of the Comprehensive Plan or in the cun'ent adopted water and/or wastewater master plan documents. 1. The Regional Water and/or Regional Sewer Systems is intended to ultimately provide services for ali citizens of the Collier County Water-Sewer District and that the presence of the Regional Water and/or Regional Sewer Systems enhances and benefits thc health, safety and general welfare of all citizens of Collier County. The Board specifically finds that the development ora Regional Water and/or Regional Sewer Systems enhances and benefits the health, safety and general welfare of the residents and landowners within the Collier County Water-Sewer District. J. This Ordinance shall not, and shall not be construed to, permit the collection of Water and/or Sewer Systems Impact Fees from Water and/or Sewer Systems Impact Development in excess of the amount reasonably anticipaled to offset the demand on Ihe Regional Water and/or Regional Sewer Systems generated by Water and/or Sewer Syslems Impact Development either occurring or connecting to the Regional Water and/or Regional Sewer Systems. K. All improvements and additions to the Regional Water and/or Regional Sewer Systems needed to eliminate any deficiency between the existing Regional Water and/or Regional Sewer Systems and the standard of service as adopted in the Comprehensive Plan, shall be funded by revenues other than impact fees. All revenue derived from the Water and/or Sewer Systems Impact Fees shall be utilized only for the acquisition ofimprovement~ and additions to the Regional Water and/or.Regional Sewer Systems which are necessitated by Water and/or Sewer 14 Systems Impact Development either occurring or connecting to the Regional Waler and/or Regional Sewer Systems. L. The improvements and additions to the Regional Water and/or Regional Sewer Systems, required to accommodate future connections or demand by Water and/or Sewer Systems Impact Development shall be funded entirely by the revenue derived from the Water and/or Se, vet Systems Impact Fees. Therefore, no credit shall be given for any tax revenue som'ces including those which may have been utilized in prior )'ears for the funding of Regional Water and/or Regional Sewer Systems improvements or additions. In the event that this policy is altered by subsequent action of the Board, or ifgraut money is received and committed for growth necessitated improvements and additions to the Regional Water and/or Regional Sewer Systems, the Water and/or Sewer Systems Impact Fees may be adjusted at any review required pursuant to Section 3.08 of this Ordinance, and credit may be given for any tax revenue which has been ulilized for growth required improvements and additions to the Regional Water and/or Regional Sewer Systems. M. It is has been and continues to be the long-standing policy of the Board that certain distribution and/or collection facilities not be funded by revenues derived from Water and/or Sewer Systems Impact Fees. Such disWibution and/or collection facilities, for the purpose of this finding, include, by way of example and not limitation, required, needed or ap~t gravity lines, pump stations, force mains and interconnecting transmission facilities typically installed and dedicated at the time subdivision or like or substantially similar improvements are installed, or such distribution and/or collection facilities installed as a result of the creation ora Municipal Services Tax or Benefit Unit, or like or similar specially funded project, in a defined area determined to need the installation, tetrofiL and/or ~ion lo a central water and/or sew~ syslems meeting County standards. Accordingly, the calculation of the lmpac~ Fees imposed by this Ordinance does not include or account for the cos'Is or expenses of such distribution and/or collection facilities. N. The provisions in this Ordinance relative to "Developer Contribution Credit" represent innovative land development regulation which the Local Oovertunent Comprehensive Planning and Land Development Regulation Act encourages local government to employ via its land development regulations. Section 1.05. Readoption and Ratification of Master Plans, The Board hereby readopts and incorperates, by reference, the follo~ng masler plans: I. Collier County Growth Management Plan, as amended. (February, 1991) 2. The Water Master Plan Update prepaxed by Camp, Dresser & McKee, Inc. (I 996), as amended. 3. The 201 Facilities Plan Update prepared by Camp, Dresser & McKee, Inc. (1997), as amended. 4. Water & Sewer Xmpact Fee Study prepared by Agnoli, Barber & Brundage, Inc. (I 997), as amended. 15 12C7 The Board hereby incorporates panicul~ly the assumptions, conclusions and findings in such studies as to the determination of existing capacity available to accommodate growth and anticipated costs of the additions to the Regional Water and Regional Sewet Systems required to accommodate grov,~h contemplated in the Comprehensive Plan. The Board further incorporates by re/'erence the Comprehensive Plan as amended or supplemented as ii relales to improvements and additions to the Regional Water and/or regional Sewer Systems. ARTICLE Ii WATER AND/OR SEWER SYSTEMS IMPACT FEES Section 2.01. Imposition. A. Pursuant to this Ordinance, ldi Water and/or Sewer Systems Impact Development occurring within the Collier County Water-Sewer District shall pay a Water and/or Sewer Syster,~ Impact Fee in accordance wi~h the following schedule: RESIDENTIAL: LIVING BASIS OF FEE METER ERC WATER SEWER SPACE ALLOCATION SIZE (Sq. Ft.) IMPACT /MPACT FEE FEE SINGLE FAMILy 0 to 4,999 Pet Unit ~., 1.0 $1.275.00 $1,575.00 ('No more than Sq. FL 4 Bathrooms) SIT~GLE FAMILy Over 5,000 Meter Size~ Per n/a Based on (More than Sq. Ft. Pet 4 bathrooms) Otd|nance Meter Size $1,575.00 MULTI-FAMILy 0 to 750 Per Unit Per .33 $ 420.00 $ 520.00 DUPLEX Sq. FI. Per Unit Ordinance MOBILE tIOME Per Unit or Space '/'RAVEL TRAILER/ Per Unit ot Space RV MULTI-FAMILY 751 to 1.500 Per Unit Per .67 $ 855.00 $1,055.00 DUPLEX Sq. Ft. Pet Unit Ordinance MOBILE l-rOME Per Unit or Space MUL~-FAMILY 1,501 orMore PerUnit Per 1.0 $1,275.00 $1"575.00 DUPLEX Sq. Ft. Per Unit Ordinance MOBILE HOME Per Unit or Space NON-RESIDENTIAL: WATER METER SIZE WATER SEWER IMPACT IMPACT FEE FEE ~' $ !.275.~ $ !"57~.oo ~ $ 3.1~s.oo s 3,9~s.oo I-I/2 S 6,3 75.00 $ 2 S !0,200.00 S ~2,~,00.00 3 $ 20.400.00 S 2~,200.00 ~ S 3],875.00 $ 39,375.00 6 $ 63.750,00 S a $1 I4.750.00 $141,750.00 I0 $114,$75.00 $22~,375.00 12 ~274,12~.00 12C7 13. The ~,'ater ands'or Sewer Systems Impact Fees shall be paid in addidon to all other Ices, charges and assessments due at the time of issuance of any building l~:rmit. Section 2.02. Payment. A. Except as otherwise expressly, provided in this Ordinance, prior lo the issuance ora building permit where applicable, all applicants or owne:a, a~ the case ma.y be, shall pay the Water and/or Sewer Systems Impact Fees as set forth in Section 2.01. 1. Single family residential walcr impact fees shall be paid on d~e larger amount based on a per dwelling unil basis or meter size basis as determined under Ordinance No. 97-17, as amended. Single £amiiy residential sewer impacl fee shall riel exceed one (I) ERC. 2. ~tuldple-FamiJ¥, Duplex, Mobile i tome or Travel Trailer Recreational Vehicle impact fees shall be paid on the larger amount based on the per unit/space basis or on the meter size basis as determined under Ordinance No. 97.17, as amended. In the event the meter size calculation results in a larger initial payment, the owner shall be entitled to impact fee credits on additional units as the permits for the units are issued. 3. Non-Residential impact fees shall be paid on the meter si:re basis as determined under Ordinance 97-17, as amended. B. Subject to an availability of funds, the County may entel inlo agreements to exlend paymen! of Water and/or Sewer Systems Impact Fees and associated costs over a period not to exceed seven (7) years with Owners o~'then existing Building~ s~'uctures or applicable improvements which are mandalcd to connect to the Regional Water and/or Regional Sewer Systems. Prior Io the County entering into any agreements to extend paymenL and from time-lo-lime thereafter, the Board shall identify a specific source o£ funds Io be used relalive lo providing extended pa.¥ment and the cost of such funds, including all expenses and costs incidental to obtaining or providing same. the interest rate thai the Board or the Public Works Administrator or the Department of Revenue Director will employ in offering extended payment with interest, and a reasonable estimation or description olde administrative costs or expenses associated with administering the extended pa~nent alternative to the respective land(s). 1. T~e County shall only enter into agreements to extend payment of thc Water and/or Sewer S.¥stems Impact Fees and associated costs with O~ers of then existing buildings, structures or applicable improvements, mandated to connecl to thc Regional Water and/or Regional Sewer Systems. 2. The amount of payment, including any title verification expenses and a reasonable estimation of the cost and expense associated with providing an extended payment ahcmative, shall be paid in equal monthly payments with an annual interest rate as determined and promulgated from time-to-time by the Board. State document stamp and recording fees WIU be upfront costs borne by the owner and shall be paid in full at the time the extended payment agreement is executed. The interest rate charged shall be representative of the County's cost of funds, including all expenses or costs incidental to 17 1 2C7 obtaining or providing same, if any. The interest charged shall be adjusted during January o£any calendar year in accordance with the then applicable Ordinance (currently Ordinance ,No. 96-17 and No. 96- i g) and shall be based on the County's cost of £unds for the immediately proceeding fiscal )'car. 3. With the exception of the approval and execution of agreements, or an aggregation of rclated agreements, w/th a face amount in excess of $6,000, the/3card here~, delegates to thc Public Works Administrator ('or the Department of Revenue Director) the power and author/ty to enter into, modify, and rciea.~ such extended payment agreements in conformance with thc provisions of this Ordinance. The agreement, and any other associated documentation, shall be in a form approved by the Board and acceptable to the County Attorney. Each such agreement shall be recorded in thc Official Records upon approval of the Public Works Administrator or the Department of Revenue Director. 4. For an agreement, or an aggregation of related agreements, to extend payment of impact fees and associated costs w/th a face amount in excess of $6,000 the County shall require the procedure and documentation for extending payments to substantially and reasonably conform to generally accepted and reasonably applicable commercial lending practices, including but not limited to thc requirement for acceptable persona/guarantees from one or ali of the Ov,~zrs or individuals owning a beneficial interest in an entity Owner. At its sole option the County may contract with outside counsel or a s~'vicing agent to prepare such documentation and to advise the County relative to conformance with generally accepted commercial lending practices and the costs of same shall be borne by the Owner. $. Upon satisfactory payment ofall principal, interest, and associated costs under an extended payment agreement, the County shall execute a Satisfaction of Lien and record same in the Official Records of Collier County. A copy of thc recorded Satisfaction of Lien will be mailed by regular U,S. mail lo the record Owner w/thin sixty (60) days from receipt of full payrncnL 6. In recognition thai the payment of thc Water and/or Sewer Systems Impact Fees for then existing mobile home park or rental housing will generally, in some manner, be passed through to the occupants by an Owner, and in recognition that if such pro-rata Impact Fee pass-through is collected as one single payment by the Owner, that such a PasS-through may cause financial hardship on these occupants, the Board, in its sole discretion, may require the Owner to covenant and agree, for the benefit ofall affected persons, to pass through entirely and on the same terms all the benefits o£any eaended payment of the Impact Fees to the affected persons. C. The obligation for payment of the Water and/or Sewer Systems Impact Fees and the benefits derived therefrom shall run w/th the land, pro-rata in the event a division of the land. D. In the event that a valid building permit, for which a Water and/~ Sewer Systems Impact Fees have been paM, expires prior to the initiation of the construction for which it was issued, the 18 1207 applicant ma)' within ninety {90) days of the expiration of the building permit apply for a refund of the Water and/or Sea-et Systems Impacl Fees. I. The application for refund shall be filed with the County Administrator on a form approved by the County Administrator, and shall contain the following: (a) A sworn statement representing that the informalion co.tained on the application for refund is true and eon'ecl; (b) The name and address of the applicant; (c) Thc exact location of the property which ss'as thc subject o£the building permit; (d) The dali the Water and/or Sewer Systems Impact Fees was paid; (e) ^ copy of the receipt ofpayment for the Water and/or Sewer Systems Impact Fees or such olher record as would indicate payment ofsuch fees; and (0 The dali the building permit ss~as issued the building permit number, and thc date of expiration. 2. A~er yetiS'lng that the building permit has expired and that the construction bas not been commenced under the subject building permit, ~ County Administrator shall cause a retired of the subjecl Walit and/or Sewer Systems Impact Fees. 3. A building permit which is subsequently issued on the same property which was previously the subject of a refund shall pay the then applicable Water and/or Sewer Systems Impact Fees as required by Section 2.01. Section 2.0.t. Use of Moneys. A. Thc Board hereby confirms the establishment ofseparali trust accounts for the Water and/or Sewer Systems Impact Fees, which shall continue to be maintained separate and apart from all other accounL~ of the County. All such Water and/or Sewer Systems Impact Fees shall be deposited into such Irust accounts immediately upon receipt. B. The moneys deposited into thc Water and/or Sewer Systems Impact Fee trust accounts shall be used solely for the purpose of providing growth necessitated capital improvements and additions to the Regional Water and/or Regional Sewer Systems, including, but nol limiled to: I. Design or construction plan preparation; 2. Permitting and fees; 3. Land acquisition, including any costs ofacquisition or condemnation; 4. Construction and design of Regional Water and/or Sewer Systems buildings, facilities or improvements and additions thereto; 5. Design and construction o£drainage facilities reasonably required by, or convenient to, the construction of Regional Water and/or Regional Sewer Systems buildings, facilities or improvements and additions thereto; 6. Relocating utilities required by the construction or' Regional Water and/or Regional Sewer S)'stems buildings, facilities or improvements and additions thereto; 19 7. Landscaping, incident to or reasonably necessitated by, the expansion of the Regional Water and/or Regional Sewer Systems; 8. Construction management, inspection, or both; 9. Surveying, soils and material testing, and the evaluation and development ofraw water resources and supplies; 10. Acquisition of plant or equipment necessary or convenient to expand the Regional Water and/or Regional Sewer Systems; ! 1. Repayment of moneys borrowed from any budgetary fund of the County, including moneys borrowed subsequent to the adoption o£this Ordinance or any predecessor(s) in function, which were used to fund growth impacted improvements and additions to the Regional Water and/or Regional Sewer Systems as herein provided; 12. Payment ofprincipal and interest, reserves and costs of issuance under any bonds or other indeb~Mness issued by the County or District to fund growth impacted improvements, and additions to the Regional Water and/or Regional Sewer Systems; and/or 13. Reimbutaement ofexce~ "Developer Contribution Credits" pursuant to Section 3.06; and 14. To the extent provided by law, reimbursement or refund ofcosts incurred by the County in the preparation of the Impact Fee Study adopted pursuant to Section 1.04 and any amendments or supplements adopted pursuant to Section 3.08, and any other administrative costs incurred by the County. C. Funds on deposit in the Water and/or Sewer Systems Impact Fees Trust Accounts shall not be used for any expenditure that would be classified as routine maintenance, operation or repair expenses. D. The moneys deposited into the Water and/or Sewer Systems Impact Fees trust accounts shall be used solely to provide improvements and additions to the Regional Water and/or Regional Sewer Systems required by grov,'th, generated by Water and/or Sewer Systems Impact Dc~'elopment, and including, but not limited to, expected growth addressed in the master plans listed in Section i.05 of this Ordinance. E. Any funds on deposit which are not immediately necessary for expenditure shall be invested by the County. Ail income derived fi.om such investments shall be deposited in the Water and/or Sewer Systems Impact Fees Trust Accounts and be used as provided herein. To the extent permitted by law, any interest accrued on Impact Fees which is not needed for improvements and additions to the Regional Water and/or Regional Sewer Systems may, at the discretion of the Board, be used to fund waivers or deferrals of'Impact Fees pursuant to Section 3.04 ofthis Ordinance. In addition, to the extent permitted by law, any accrued interest on Impact Fees which is not needed for improvements and additions to the Regional Water and/or Regional Sewer Systems may, al the discretion ofthe Board, be used to fired walver~ of Regional Water and/or Regional Sewer Impact Fees il'the Board make~ the following findings by resolution: 20 1. The entity reqt;esting a v, aiver is a not-for-profit corporation or business, or charitable organization: 2. The entity provides services to Iow income or ver~ Iow income citizens of Cnllier County at reasonable rates; 3. The County does not provide such services; 4. The provision of services provides substantial benefits to the citizens of Collier Count).. 5. Sufficient funds in the Impact Fee Accounts then exist to fund those waivers; 6. Funding for the waiver w/Il only be used from the fund for which the waiver is granted; and/or 7. The entity ia a child care or $im/iar support facility which is included in the original site development plans of an affordable housing project and which project has qualified for an affordable housing waiver or deferral. The Resolution adopted by the Board in the specific case shall state such findings and authorize the payment, in whole or in part. of the Regional Water and/or Regional Sewer Impact Fees. F. Any person who is the current Owner of the property on behalf of which Impact Fees were paid. pursuant to Collier County Ord/nunce No. 86-66, as amended by Collier County Ordinun~e No. 87-45 and/or Collier County Ordinance No. 88-3, or their successors in functions, and wns issued a certificate of occupancy thereunder for a building, slzucture, or alteration prior to December 31, ! 997, shall be eligible for a refund upon submitting to the County a timely petition for refund, if the building, structure or altcrat/on either was not authorized to connect to thc Regional Water and/or Regional Sewer Systems by December 31, i 997, or if the County does not have an approved plan for connect/on of thc building, structure or alteration to the Regional Water and/or Regional Sewer Systems by December 3 i, 1997. Refunds due under these circumstances shall be made only in accordance with the following procedure: !. The then current Owner shall petition the Board for the refund prior to the end of the fiscal year immediately following the end of the County's fiscal year in which the date December 31, 1997 falls. 2. The petition for refund shall be submitted to the County Administrator on a form approved by the County Administrator, and shall contain: (a} A sworn statement that the petitioner is the then current Owner of the property on behalfof which the Impact Fee charges were pa/d; (b) A copy of the dated receipt issued for payment ofsuch charges or such other record as would prove paymem of such charges; {e) A certified copy of the latest recorded deed or other instruments evidencing title; a representation that the most recent recorded deed or other instruments reflect or otherwise describe or refer to the exact names of all current legal owners; a representation that the petitioner will notify the County of any change 1207 and the status of legal o~ership which occurs prior to receipt of any refund from the County; (d} A copy of the then most recent ad valorem tax bill. .3. Within ninety (90) days from the dale of receipt of such a pelition for refund, the Count). Administrator will advise the petitioner and the Bom-d of the status of thc Impact Fees requested for refund, and if such charges have not been expended or encumbered ~thin the applicable time period, then same shall be returned to the petitioner. For the purposes of this Section F, impact fees collected shall be deemed to be spent or encumbered on the basis ofthe first fee in shall be the first fee out. G. Impact Fees collected pursuant to Ordinance No. 90-86 and No. 90-87, as amended, or this O~*dinance shall be returned to the then current Owner of the property on behalf of which such fee was paid, if the building, structure or alteration either was not authorized to connect to the Regional Water and/or Regional Sewer Systems by the end of the twelve (12) month period immediately following the .seventh anniversary of the date upon which such fees were paid. If the County has a current approved plan for connection of the building, sU'ucture or alteration to the Regional Water and/or Regional Sewer Systems, no impact fees shall be refunded. Cttrrent Owner shall be eligible for a refund if the refund of such fees w/Il not adversely impact the cash flow or liquidity of the water and/or sewer systems impact fee trust accounts and ulxm submitting to the County a timely petition for refund. Refunds due under these circumstaaccs shall be made only in accordance with the following proe, edute: !. The then current Owner shall petition the Board tot the refund prior to the end ofthe twelve (12) month period immediately following the seventh anniversary of the date of the payment of the Water and/or Sewer Systems Impact Fees occurs. 2. The petition for refund shall be submitted to the County Administrator on a form approved by the County Administrator, and shall contain: (a) A sworn statement that the petitioner is the Ihen current legal Owner of the property on behalfof which the Impact Fees were paid; (b) A copy of the dated receipt issued for payment of such fees or such other record as proves payment of such fees; (c) A certified copy ofthe latest recorded deed or other instruments evidencing title; a represenlation that the most recent recorded deed or other instruments evidencing title reflect or otherwise describe or refer to the exact names ofall current legal owners; a representation that the petitioner will notiF/the County of any change and the status of/egal ownership ~ieh occurs prior to receipt ofany refund from the County; (d) A copy of the most recent ad valorem tax bill. ..1. Within ninety (90) days from the date ofrecelpt ora ix'lit/on for refund, and if such impact fee refund w/Il not adverse/), impact the cash flow or liquidity ofthe water ami sewer system impact fee trust account, then it shall be returned to the petitioner. For the purposes of this Section G. impact fees collected shall be deemed to be spent or encumbered on the basis of the first fee in shall be the first fee out. il. 'l'he fact that an Owner receives a refund does not excuse the property from later being subjected to pa.vment of the then applicable impact fees under this Ordinance upon otherwise being characterized as Water and/or Sewer Systems Impact Development. i. Any owner entitled to a refund who fails to timely petition for a refund upon becoming eligible to do so shall be deemed to have waived any claim for a refund, and the County shall be entitled to retain and apply such impact tees for growth necessitated capital improvements and/or additions to the Regional Water and/or Regional Sewer Systems. Section 2.04. Alternative Fee Calculation. A. In the event an applicant or owner believes that the impact to the Regional Waler and/or Regional Sewer Systems necessitated by the Water and/or Sewer Systems Impact Development is less than the impact established in Section 2.01, such Applicant or Owner may submit a calculation of an Alternative Water and/or Sewer Systems Impact Fees to the Office of the County Administrator pursuant to the provisions of this Section. B. In the case of new construction, any right to submit an Alternative Water and/or Sewer Systems Impact Fees shall be deemed to have been waived, expired, and such calculations shall be rejected by the County if not properly and timely made prior to the issuance ora Building Permit for the respective construction. C. In the case of then existing buildings, structures or applicable improvements which are required to connect to the Regional Water and/or Regional Sewer System~ any right to submit an Alternative Water and/or Sewer Systems Impact Fees shall be deemed to have been waived, expired, and such calculations shall be rejected by the County if within thirty (30) calendar days from the effective date of service ora "Notice oflmpact Fees Statement" under Section 3.05 hereof, the Owner does not notify thc Office of the County Administrator in writing of his intention to submit an Alternative Water and/or Sewer Systems Impact Fees calculations. Any Owner who, under such circumstances, properly noti lies the Office of the County Administrator of his intention to submit an Alternative Water and/or Sewer Systems Impact Fees calculations shall submit the Alternative Water and/or Sewer Systems Impact Fees calculation and Alternative Water and/or Sewer Systems Impact Fees within one hundred twenty (120) days of service ora *'Notice of Impact Fees Statement" under Section 3.05 hereof, or any right to submit an Alternative Water and/or Sewer Systems Impact Fees shall be deemed to have been waived, expired and such calculations shall be rejected by the County. D. Upon timely submission of an Alternative Water and/or Sewer Systems Impact Fees calculations, the basis therefore and receipt of the Alternative Water and/or Sewer Systems Impact Fees, the County Administrator shall schedule a hearing before the Board at a regularly ~cheduled me~ing or at a special meeting called for the purpose of reviewing the Alternative Water and/or Sewer Systems Impact Fees and shall provide the petitioner written notice of the time and place of the hearing. Such hearing should be held within ninety (90) day~ of the date the Alternative Water and/or Sewer Systems Impact Fees were submitted. 12C7 : E. The ^hcma[i~c Water and/or Sewer Systems Impac! Fees calculations shall be based on da~ information or assumptions contained in this Ordinance, the master plans refercnced Jn Section i.05 of this Ordinance, as then amended, or an Alternative Water and/or Sewer Systems Impact Fees Study based upon an independent source provided the independent source is a local study supported by a data base adequate for thc conclusions contained in such study, performed according to a generally accepted methodology and based upon generally accepted standard sources o£ information relating to facilities planning, cost analysis and demographics. The independent source must provide competent substantial evidence that the Alternative Water and/or Sewer Systems Impact Fees represents an equitable pro rata share of the cost of capital improvements and additions to the Regional Water and/or Sewer Systems necessitated by the subject Water and/or Sewer Systems Impact Deve|opmenL F. If during a prior Alternative Fee Calculations process an acceptable Alternative Water and/or Sewer Systems Impact Fees Study substantially consistent with the criteria required by this Section has been accepted by the Board, and if such study is determined by the Board to be then current and applicable, the Regional Water and/or Regional Sewer Systems impact of such previously approved Water and/or Sewer Systems Impact Development shall be presumed to be as described in the prior study. In such circumstances, an Alternative Water and/or ,Sewer Systems Impact Fees shall be established reflecting the impact described in the prior study. There $lmll be a refutable presumption that such an impact study based upon an independent source conducted and accepted by the Board more than two years earlier is invalid. G. If the Board determines that the data, information and assumptions utilized by the Applicant to calculate the Alternative Water and/or Sewer Systems Impact Fees complies with the requirements of this Section and that the Alternative Water and/or Sewer Systems Impact Fees were calculated by the use of a generally accepted methodology, then the Alternative Water and/or Sewer Systems Impact Fees shall be paid in lieu of the impact fee set forth in Section 2.01. H. If the Board determines that the data, information and assumptions utilized by the Applicant to calculate the Alternative Water and/or Sewer Systems Impact Fees does not comply with the requirements of this Section. or is otherwise not equitable, or that the Alternative Water and/or Sewer Systems Impact Fees '*'ere not calculated by the use ora generally accepted methodology, then the County shall mail to the Applicant by certified mail, return receipt requested, written notification of ibc rejection of the Alternative Water and/or Sewer Systems Impact Fees stating the reason therefore. I. At the sole discretion of the Board, the alternative impact fees review hearing may be adjourned or continued for up to thirty (30) days Io cause further study or scrutiny of any proposed Alternative Water and/or Sewer Systems Impact Fees or Alternative Water and/or Sewer Systems Impact Fees Study by either County staffor outside consultants. The final decision of the Board shall be in writing and should be issued within thirty (30) calendar days of the review hearing. $. Any Applicant or Owner ,*'ho submits a proposed Alternative Water and/or Sewer Systems Impact Fees pursuant to this Section and desires immediate issuance ora Building Permit, shall pay prior to or at the time, the applicable Water and/or Sewer Systems Impact Fees pursuant to Section 2.01. Said payments shall be deemed to be paM under "Protest" and shall not be construed as a waiver ofany 12C7 ' right of review. Any difference between the amount paid and the amount due, as determined by the Board. shall be re£unded to the Applicant or Owner within 90 days of the Board's/~nal decision thereon. ARTICLE ill MISCELLANEOUS PRO¥1SION'S Section 3.01. Exemptions. A. The t'ollowing shall be exempted from payment of Impact Fees: I. AJteratious or expansion of'then existing building, structure or improvement where no additional demand on the Regional Water and/or Regional Sewer Systems is or will be created by such alterations or expansions. 2. The construction of accessory buildings, struclures or improvements which will not create an additional demand on either the Regiorud Water and/or Regional Sewer Systems or any interim treatment systems. 3. The replacement of then existing building, structure or improvement which has pre','iously been subjected to an impact fees payable to the Coumy and where no additional demand is or will be created by that replacement on either the Regional Water and/or Regional Sewer Systems or any interim treatment systems. 4. Buildings, structures, or improvements, eithm' then existing or which then have been issued a Building Permit for which construction i~ proceeding in good faith, previously sen. ed by a utility service provider other than the County, provided that at the time the County formally resolves to acquire that utility, the Board expressly declares its intention to operate said utility as a component of the Regional Water and/or Regional Sewer Systems. 5. Absent an express v, zitlen agreement or site specific land development regulation to the contrary, buildings, structures, or improvements, either then existing or which have then been issued a Building Permit for which construction is then proceeding in good faith, previously served by the City of Naples where the County and the City of Naples have ~en recon/~gured service and/or service areas. Section 3.02. Changes of Size and Use. A. Impact tees shall be imposed and calculated £or the alteration, expansion or replacement of '~ ater ;md. or Sewer S?'stems Impact Development which will result in a land use determined by County Staff to create an additional demand on either the Regional Water and/or Regional Sewer Systems or any inter/m treatment systems. Whenever any person applies for a Building Permit to alter, expand or replace a building, struclure or applicable improvement of Water and/or Sewer Systems Impact Development land, even though the subject lands may receive interim water and/or sewer services from a source other than the Collier County Water-Sewer District, the Impact Fees imposed shall be calculated on the entirety o£the lands subject to the Building PermiL 9,there ~he alteration, expansion or replacement occurs on lands for which a Water and/or Sewer Systems Impact Fees have then already been paid, the Impact Fees imposed shall be only upon the additional demand created by such alteration, 12C7' e, expansion or replacement. No refund or credit shall be afforded an O'~aer or applicant in the event that a diminution o£use occurs. Section 3.03. lnter~t to be Paid on Certain Refunds. A. ~toncys refunded in accordance with Subsections F and G of Section 2.03 of this Ordinance shall be paid with interest. Interest paid pursuant to this Subsection shall be paid at an interest rate of seven percent (7%) with simple interest. Except as provided for in the Section, no interest shall be paid upon the return of Water and/or Sewer Systerr~ Impact Fees. Section 3.04. Afi.ordable llousing. A. Pursuant ~o the guidelines established in this Section and Section 3.041 of this Ordinance, the County shall waive or defer, as applicable, the payment of the Regional Water and/or Regional Sewer Impact Fees for any new owner occupied or rental Water and/or Sewer Systems Impact Development that qualifies as "Affordable Housing" under Section 3.041 oft}tis Ordinance. Administration of the provisions set forth in Section 3.04 and Section 3.041 shall be the restxntsibility of the Housing Urban Improvement Deparlment or iu successor. 1. Any person seeking an Affordable tIousing waiver or defen, al for proposed Water and/or Sewer Systems Impact Development shall file ~th the County Administrator an Application for waiver or dc£crral prior to receiving a Building Permit/'or such proposed Water and/or Sewer Systems Impact DcvelopmenL The Application for waiver or de£erral must contain the following: Ia) The name and address of the owner, Co) The legal description of the property upon which the Walcr and/or Sewer Systems Impact Development shall he constructed; (c) The income level of the O~er or, ifthe Owner is a builder, lhe income level of the household to which the dwelling unit u.~ll be sold or rented; Id) The number of bedrooms in each dwelling unit of thc Water and/or Sewer Systems Impact Development. 2. if the proposed Water and/or Sewer Systems Impact Development meets the requirements for an Affordable lIousing waiver (or deferral) as scl forth in this Section, then the County .Administrator shall issue an Impact Fees waiver or de£erral, as applicable, to the O~cr or applicant. Thc Impact Fees ~iver or deferral shall be presented in lieu of payment o£the Impact Fees pursuant to Section 2.01. B. To qualify for an lmpac! Fees waiver or deferral, an oualer occupied dwelling unit must meet all of the following criteria: i. Thc o~er(s) or anticipaled owners of the dwelling unit must have a very low, low, or medcrale income level, at the time of issuance oflhe Impact Fees waiver or deferral, as those terms are deigned in Section 3.041, and thc monthly payment to purchase the unit must be w~thin the ^ffordable Housing guidelines established in Section 3.041. A Dwelling Unit shall qualify as being owner occupied ifa lease-purchase agreement is in effect at the date of issuance of the Regional Water and/or Regional Sewer Impact Fees 12C7 ~aiver or deferral, or within thirty (30) days thereafter, and within twenty-four (24) months from thc date of issuance of thc certificate ofoccupancy or thc execution of the lease-purchase agreement, whichever is later, the opdon to purchase is exercised and the purchaser takes oxvnership or' the Dwelling Unit. If the purchaser fails to pun:base the l~'elling Unit within the twenty-four (24) month period, then the waived or dcfened Impact Fees must be in~nediately repaid unless the Dwelling Unit is sold to another qualifying Owner within thirty (30) days thereafter. 2. The Ovmer. or if there is more than one (I) O~'ner, one (I} ortho Owners, must be a firsl-time home buyer. To qualify as a tim-time home buyer, the Owner musl not have had an ownership interest in his/her primary residence in the past three (3) years. 3. The Dwelling Unit must be the homestead of the Owner(s}. 4. The Dwelling Unit must remain Affordable Housing for fifteen (15) years from the date a certificate of occupancy is issued for the Dwelling Unit; otherwise the Regional Water and/or Regional Sewer Impact Fees musl be repaid to ~e County with simple interest at the rate of six percent (6%) per annum calculahM from the date the Building Permit was issued. C. To qualify for an Impact Fees Deferral, a Dwelling Unit offered for rent mus~ meet all of the following criteria: i. The household renting the Dwelling Unit must have a very low or low income level, at the commencement of the leasehold and the entire dumion thereof, as those terms are defined in Section 3.04 I, and the amount of rent must be within the Affordable Housing guidelines established in Section 3.041. 2. The Dwelling Unit must be the household's permanent residence. D. All Impact Fees deferred for o~ ncr-occupied Dwelling Units at the time the Building Permit was issued shall become due and payable and shall be immediately repaid to the County upon the sale of the Dwelling Unit to a non-qualified purchaser, provided, however, if the impact Fee~ deferral was paid with State } {ousing Initiatives Partnership (SHIP} Program funds, repayment ~ ill be made to the Collier Count)' affordable housing trust fund. For purposes of this Section 3.04, a non-qualified purchaser is a person who does not ~atisfy the Affordable Housing criteria set forth in subsection B, above, or a person ,*'ho does not agree to the terms of the waiver or deferral of impact fees agreement. E. The Impact Fees deferred for rental Dwelling Units at the time the Building Permit was issued shall become due and shall be immediately repaid to the County upon the discontinuance of use of the Dwelling Unit as Affordable Iiousing, or fifteen (15) years from the date of issuance of the certificate of occupancy, whichever o~x:ur~ first. F. Any Regional Water and/or Regional Sewer Impact Fees waived for an owner-occupied Dwelling Unit at the time a Building Permit issues shall become due and payable and shall be immediately repaid to the County if lhe Dwelling Unit is sold or lransfen, ed lo a non-qualified purchaser during the fifteen (15) year period at, er the certificate of occupancy is issued for the 27 Dwelling Unit. If the Impact Fees waiver was paid with Sue Housing Initiatives Panncrship (SttlP) Program funds, rcpa.vmcnt will be made to the Collier County affordable housing trust fund. If the Dwelling Unit is used as Affordable Housing in compliance with Section 3.04 of this Ordinance for fifteen (15) years after the date thc certificate ol'occupancy is issued for the Dwelling Unit, thc Impact Fees are no longer due and the lien on the Dwelling Unit shall be released. G. The percentage of the total Regional Water and/or Regional Sewer Impact Fees which shall be waived or deferred pursuant to this Section for an owner-occupied or rental Affordable ltousing Dwelling Unit shall be the percentage set forth in Section 3.041. The Impact Fees waived or deferred shall be a lien on such property until all requirements under this Section have been satisfied. The lien shall terminate upon the recording ora release or satisfaction of lien in the public records of Collier County. In the case ora waiver, such release or satisfaction shall be filed fifteen years after the issuance of thc certificate of'occupancy provided Owner acted in compliance with the agreement or upon repayment. In the case ora deferral, such release shall be recorded upon repayment. il. 1. Annually, thc Owner of a rental Dwelling Unit shall provide to the County Administrator an affidavit oF compliance with ~ criteria set forth in this Section. An affidavit must be filed within thirty (30) days of'the anniversary date of the issuance of the respective certificate of'occupancy. If the income of any unit renter which originally qualified as very Iow or low income level as del'reed in Section 3.041 exceeds the Affordable Housing benefit standm'ds set forth in Section 3.041 by more than forty percent (40%). then the &£crred Impact Fees calculated from the date the Building Permit was issued shall be-nme immediately due and payable by the Owner or, in the alternative, thc O~ncr shall have ninety (90) days Io comply with the Affordable ttousing standards set forth in Section 3.041. 2. If the household income of the qualified owner-occupied Dwelling Unit rises above thc benefit standards for ~aivers and deferrals set forth in Section 3.041, thc Owner shall maintain the waiver and 'or deferral. Notwithstanding the foregoing, ali outstanding Impact Fees waived or de£crred shall be repaid in full upon sale or transfer of the D~clling Unit to a non-qualified purchaser, except for waived Impact Fees where the Owner has complied with the Affordable llousing criteria set forth in this Section 3.04 and Section 3.041 of this Ordinance for fifteen (15) years after issuance of the respective certificate of occupancy. !. The Ov.~er receiving an Impact Fees waiver or deferral shall enter into an impact fees agreement with the Count)'. which agreement shall provide for, at a minimum, the following and shall further include such additi:mal provisions, ifany, deemed necessary by the Board to effectuate the provisions of this Section: 1. The legal description of the Dwelling Unit. 1 2C7'.e 2. 9;hcrc an lm?acl l:cc.~ ~aivcr or deferral is given [o an Owner who ~11 ~ or may ~lling or renting the I)wclllng Unit ~o a sub~uem purc~.r or remer. ~e Water ~or ~wer S)'szems lmpac~ Dcvelopmenl m~ ~ mid or ~n~ed to hou~holds m~ling cdle~a ~ foah in ~his Sec,on in order to ~n~n ~e ~iver or defer. Im~ct Fees ~ver or dcfc~al paid ~br with State Ho~ing Initiatives P~ership (SHIP) f~ ~ll only ~ gr~cd directly to buyem m~ting S~tion 3.~1 q~lifi~lions approv~ prior to Building Pc~il i~. A Dwelling Uni~ s~ll q~ify ~ o~er~cup~cd ~ a lcasc-purch~e a~eem~t is in effect at Ibc dale ofi~ Im~t Fees waiver or deferral or ~n ~ (30) ~ys ~er~er, ~d ~in twcn~.fo~ (24) months from the ~tc ofi~ of~ cc~ifi~ of~cu~y, or ex~on of~e I~- purch~ ~~ ~c~ is la~, ~e option m p~ is ex~i~ ~d ~he purch~er ~es os~e~hip of~e Dwelling Uni~ If~e p~ f~ls Io p~ the Dg'elling Unit ~5~n ~e tw~l)'-fo~ (24) mon~ ~g~ ~en ~ ~v~ or dereued Impact Fees plus simple inle~a m ~ m~ of six ~nt (6%) ~ ~m c~culat~ from the date the Building P~it ~ i~ ~11 ~ r~uir~ to ~ ~d i~iately unless the Dwelling U~t is ~Id ~ ~ q~ifying ~. 3. For o~mer-occupied DweJ/Jng U~, ~ ~o~l of~at F~s defe~ s~l re~d ~ ~e Cowry u~n ~e sale or ~f~ ~ a ~n~ifi~ p~. If/m~ct F~ we~ paid wi~ S~te/tousing lnitia~v~ p~Np (SHIP) Pm~ ~ ~ent ~11 ~ made to the Colli~ Co~ ~o~le ho~ing ~ ~. For ~n~ ~i~, ~e Impact Fees defeged sh~l ~ repaid u~n ~e di~ntin~ of~ of~e Dwelling Unit as Affordable ~ tousing, or fifl~ (15) y~ from ~e iss~ce ora cenificale of occupancy, whichever ~ fi~ 4. For o~er-occupied Dwelling U~ ~ lm~ F~ ~ ~v~, ~ ~lling Unit m~ ~ ~ili~d by ~hc original q~li~ing ~, or ~uent qualifying pu~r, Affor~ble Housing in compliance g~ ~tion 3.~ ~d S~lion 3.~1 of~is ~in~ for a fifteen (15~ year period alier ~he ce~ifi~te of~cup~cy is issued and. if~e D~'elling Unit is sold .~ a n,m-qualiFying pure.r, ~e impac~ F~s s~l ~ ~d Ihe County. Iflmpac~ Fees ~crc paid with S~e Ho~ing lnitiativ~ P~ne~hip (SHIP) Prog~ f~ds. repayment m.s~ k- made to ~ Collier Co~ty affor~ble ho~ing fund. 5. ~e deleted an~Zor waived Impact F~ s~l ~ a lien on I~ pro.ny which lien may ~ fo~lo~ u~n in ~he event ofnon~mpli~ ~ ~e ~ui~ agre~enC ~e agreemen~ described he.in s~! ~e ~ ~ lien ag~in~ ~e ~lling Unit. 6. Ann~lly, the Owner of a rental Dwelling Unit s~l ~oHde lo the Co~ Admini~tor ~ a~davit ofcompli~ ~ ~e ~t~a ~l fo~h in ~his 5~fion. An a~davil musl ~ filed within thirty (30) days of~z ~v~ ~e of~ j~ qualified a.s ~ ,..r. I,,~ ,',r Iow income level as defined in Section 3.041 exceeds the Affordable }~ou.~,n~j ~'ncR~ s:andatds set forth in Section 3.041 by more than forty percent ¢40'%~. then thc dc£errcd Impact Fees ~hali become immediately due and payable by the Owner -r. in thc ahcrnatis'e, the Owner shall have ninety (90)days to comply with the Affordable tlousing standards set forth in Section 3.041. 7. Upon satisfactoo, completion of the agreement requirements, the County shall record any necessa~., documentation evidencing same, including, but not limited to, a release of lien. g. In thc event thc ©~¥ner is in default under h~fis agreement, and the default is not cured v,~thin thirty (30) days after x~Titten notice is provided to the O~,mer or such extensions therenfapplied for by thc applicant and granted by Staff, the Board may bring a civil action to enforce ~hc agreement. The Board ~all be entitled to recover all feea and costs, including attorney's fccs and costs, including appraisals, incurred by the Board in enforcing this agreement, plus interest at the statutory rote for judgments calculated on a calendar day basis until paid. 9. The agreement shaU be binding upon the Owner's successors and assigns. 10. The agreement shall be recorded in the Official Records of Collier County at no cost to the County. J. The amount oflmpact Fees waiver and deferral granted pursuant to this Section shall be limited, in Iotal, to the amount appropriated by the Board of County Commissioners at its final public hearing regarding the adoption of the respective annual County budget and the amount allocated to Impact Fees waiver and deferral in the Collier County Housing Assistance Plan, as established by Collier Ct~un[)' Ordinance No. 93-19. as then amended, or its successor in function. Impact Fees waiver and deferral pursuant to this Section began in the 1993-94 fiscal year or earlier upon reccipl of ,Slate l Jousing Initiatives Partnership (SHIP) Program funds. All Impact Fees waived or deferred shall be paid by the Board into the water and/or sewer systems impact fees trust accounts within seven (7) years from the date of the award ora waiver and/or deferral as provided herein, but in ~o event laler than the lime such amount is needed for a project funded by those Impact Fees waived or deferred. The Board shall pay into the Water ancL'or Scv,'er Systems Impact Fccs Trusl Accounts such amounts equal to any Impact F~ previously waived or deferred by thc l~oard or previously exeml~ed' or reimbursed by the Board within seven (7) years from the dale o£ such waivers, deferrals, exemptions or reimbursements. but in no event later than the time such amounts are needed for a project funded by those Impact Fees waived, deferred, exempted or reimbursed. Waivers and deferrals shall be issued in the order that completed qualifying applications ate received by the County Administrator. At least forty percent (40%) of the amount budgeted for Impact Fees waiver and/or deferral must be utilized to fund Impact Fees waiver and/or deferral for single family owner-occupied Dwelling Units serving very Iow and/or low income levels. K. Any changes or amendments to Section 3.041 or the minimum funding requirements adopted in this Section must occur as an Ordinance amendment at a public heating of the Board of Count.,.. Commissioner.~ occurring after 5:00 p.m. L. No Affordable t iousing ~ai'.'crs or deferrals shall be gra/lted for a Water and/or Sewer Systems Impact Development project which consists of mobile home(s). ,M. Although this Section is aimed at addressing new Water and/or Sewer Systems Impact Development which is characterized as "Affordable" herein, the Board shall have the discretion, but not any obligation, lo consider the grant requests for waiver or deferral for then existing Dwelling Units which are characterized as Water and/or Sewer Systems Impact Development, provided such housing o~henvise meets the requirements of this Section and the Board determines funds are then available to grant such a request Any such requcsl shall not be considered by the Board i f not m adc within 180 days ofcormecfion of the Dwelling Units to the Regional Water and/or Regional Sewer Systems. The applicant must establish that said time frame has been adhered m. N. Notwithstanding any provisions elsewhere in this Ordinance to the contrary, any Owner that develops an Affordable ~ ~ousing rental apartment complex consisting in whole or part of Dwelling Units sen'ing yeO. low ancL~or low income levels, and meeting all requirements, and subject to all conditions of Section .3.04 and Section 3.041 shall be entilled to defer one hundred percent (100%) of the Impact Fees applicable only to such rental Dwelling Units serving very Iow and/or iow income levels if: (i) all such deferred Impact Fees ate paid on or before the end of six (6) years from the date suck impact Fees ate deferred; and (ii) the rental apartment development remains "Affordable l lousing" qualified under Section 3.04 and Section 3.041 of this Ordinance for a minimt,m of fiflecn (15) years. O. The Board in its discrclion ma5. agree by Resolution to subordinate its lien for Impact Fees to a primary lender and/or go~'crnmcnt fi,nded affordable housing loan such as SAIL or HOME loan, if Owner can demonstrate that a subordination is necessary to obtain financing and, in the case of rental Dwelling Units. if Owner provides additional security satisfactory to the Count..... such as additional or st, bstitute collateral in the form of cash or cash equivalent financial instruments x~ hich will yield the full amount of the deferred impact fees at the expiration of the period tlc the deferral. Section 3.041. Affordable liousin~: i)cfinifions. Benefits. Standards and Limitations. A. The following sets forth the applicable definitions and benefit standarcls for Affordable Housing Dwelling Units for the purpose of determining eligibility for Impact Fees waivers and deferrals herein referred to as "benefits." !. DEFINITIONS OF AFFORDABL£ HOUSINO r~coM£ GROUPS. a} "Very Iow. income families" means families whose incomes do not exceed filly percent (50%) of thc then median income for the area a~ determined by the Secretary of the U.S. Deparlment of t tousing and Urban Development (area median income). 12C7' b) "Lo~ income families~ means families whose incomes am more than fifty percent (50%0) but do no~ exceed sixty percent (60°,4) of the area median income as deermined by ~he Secretary oF the U.S. Deparanent ofltousing and Urban Developmenl (area median income). ¢) "~loderate income families" means families whose incomes are more than sixty percent (60%) but do not exceed eighty percent (80%) of the area median income as determined by' the .Secretary oF the U.S. Department of Housing and Urban Deveiopmen! (area median income). Fora Dwelling Unit to be determined to be "a " ffordable, fl~e money rent or monthly mortgage payment, including property taxes and insurance, shall not be in excess of thirty percent (30%) or,he families household income. In no instance shall rental limits exceed the rental limits established by the Florida Housing Finance Agency l'or rents adjusted Io bedroom size in projects assisted under the SAIL Loan Program. or the Low Income l lousing 'F,~x Credil Program, based on unit size. 2. BENEFIT S'FANDARDS. a) Affordable t lousing owner-occupied Dwelling Units which exclusively serve very los,,, income families and are the owner's homestead shall have one hundred percent (100*,4) of the applicable Impact Fees waived pmsuant to e,.is Ordinance. b) Affordable Housing rental Dwelling Units which exclusively serve very Iow income families shall have one hundred percenl (100%) of the applicable Impact Fees deferred pursuam to this Ordinance. c) Affordable l tousing owner-occupied Dwelling Units which exclusively serve Iow-income families and az,. ~he owner's homestead shall have fifty percent (50*,4) of the applicable Impact Fees waived and may have fifty percent (50",4) of the applicable Impact Fees deferred pursuam this Ordinance. dj Affordable l tousing rental Dwelling Units which exclusively serve Iow income families ~all pay fifty percent (50%) of the applicable Impact Fees and shall have fifty percent t50%) of the ap?ticable lin?act Fees deferred pursuant to this Ordinance. e) Affordable Musing owner-,,ccupied Dwelling units which exclusively serve moderate income Families and are the ov,'ner's homestead shall be required to pay twenty-five (25o.~,~ oF the applicable Impact Fees and shall have sevenBt. five percent (75%) of ~hc applicable Impact Fees deferred pursuant to this Ordinance. 0 ~'ater and/or Sewer Systems Impact Development which meets the criteria set forth in Section 3.04 when constructed by an Agency of Collier County or by an Independent Governmental Agency pursuant to an interlocal agreement wi~h Collier County and said construction is one hundred percent (100%) governmen! funded shall have one hundred percent ~100%) of the Impact Fees for the construction waived pursuant so the terms of this Ordinance. .3. An amendment to this Section or Section 3.041 shall require a public hearing ofthe Board of County Commissioners occurring after ~:00 p.m. 12C7'" Section .3.05. Alternative Collection .Method. In the event thc Water and'or Sewer Systems Impact Fees are riel paid prior to the issuance o£a Building Permit or othe~vise within ninety (90) day's of the subject lands becoming classified as "Water and/or Sec'er Systems Impact Development." the CormD. sh~! proceed to collect the Water and/or Sewer Systems Impact Fees as t'ollo~vs: A. The Count). shall serve, by hand delivery o~ by certified mail, return receipt requested, a "Notice of Impact Fees Stalcment" upon the Owner at the address appearing on the most recent tax roll maintained by the Property Appraiser of the County. If the building is then under constmc6on, the Count.,,. shall also serve, by eeaified mail, return receipt requested, a Notice of Impact Fees Statement upon the Applicant at the addr--~-~s set forth in the application for Building Permit and also make a diligent effort to attach a copy of'the "Notice o/Impact Fees Statement" to the Building Permit posted at fl~ affected construction site. Service shall be deemed eff'ective on the date of hand delivery or the date the return receipt indicates the notice was received by e/thor the Applicant or the Owner, or, if the Building is then under construction, the date said notice was attached lo the Building Permit, whichever occurs lust The "Notice of Impact Fees Statement" should conlain · reasonable legal description of the property and should advise: i. The amount ofmoney, that is then dueand ll~ general purpo~ for which the Water and/or Sewer Systems Irmpact Fees was imposed; 2. A hearing pursuant to Section 3.07 nmy be requested within thirty (30) calendar days from the effective date of service of the Notice of Impact Fees Statement by making application to thc Office of the County Administrator. 3. In the case of then existing Buildings, structures or applicable improvements which are then required to connect to the Regional Water and/or Regional Sewer Systems, the Owner may notify thc Office of thc Count).. Administrator o£interest to submit an Alternative Water and/or Scv.'cr Impact Fees calculations pursuant to Section 2.04 within thin.,,. (30) calendar days from the effective date ofservice of the Notice oflmpact Fees Statement and thcrcaf,..r pn~vidc an Alternative Water and/or Sewer Systems Impact Fees calculations within one hundred twenty (120) calendm, days from the effective date of service of thc Notice of Impo,ct ir:ecs Statement. 4. The Water and/or Sewer Systems Impact Fees sh~ll be delinquent if not paid and received by the County, within thirty (30) calendar days of the effective date of service of the Notice et'impact Fees Statement ifa hearing is not requesled pursuant to Section 2.04 or Section 3.07. S. Upon becoming dclinqucm, thc Water and/or Sewer Systems Impact Fees shall be subject to thc imposition of interest .n the unpaid amount until paid at the highest interest rate than allowed by [.ax,... 33 6. In thc event the \t.'atcr m~d.'or ~wer Systems impact Fees becomes delinquenL a Notice of Claim ,,f/.iCh against Ihe property will be recorded in the Official Records of the County.. B. The Water and 'or .q,.'~ cr Systems hnpact Fees shall be delinquent if, within thirty (30) calendar days from the cffi:ctivc date of service of the Notice of Impact Fees Statement, the Impact Fees have not been paid and received by the County, or the Owner has not properly complied with the provisions off Section 2.04, and no review hearing has been requested pursuant to Section 3.07. In the event a hearing is requested pursuant to Section 2.04 or Section 3.07, the unpaid Impact Fees shall become delinquent if not paid within thirty (30) days from the date the Board finally determines thc amount of Impact Fees due. C. Should the Water and/or Sewer Syslcms Impact Fees become delinquent as set forth in Subsection 15 above, thc County shall see,'c, by certified mail return receipt requested, a notice of lien upon thc Applicant, if the building is then under construction at the address indicated in the application for the Building Permit. and upon the delinquent Owner at thc address appearing on the then most recent tax roll maintained by the Property Appraiser and/or thc Tax Collector of the County. The notice of lien should serve to notify the delinquent Applicant and Owner, as the case may be, that failure to pay the X, Vater and/or Sewer Systems Impact Fees has caused the County to file a Notice of Claim of Lien with thc Clerk ofthe Circuit Court by recording same in the Official Records of Collier County. D. Upon mailing of a notice of lien, the Public Works Administrator ~hall submit to the Board of County Conunissioners, who will file a Notice of Claim of Lien with the Clerk of the Circuit Court for recording in the Official Records of the County. The Notice of Claim of Lien shall contain the Owner's name. the legal description of the property, the amount of thc delinquent Impact Fees, and the da~c of their imposilion. Thereafter, without further direction of the Board, its staff may proceed to expcdhi,n~sb, collect, foreclose or otherwise enforce said lien pursuant to this Ordinance. E, The Public Works Admiaislrator shall lile a Nolice of Satisfaction of Claim of Lien with the Clerk of Circuil Court h~r rc'c~rdin.e m thc Olticial Records upon receipt of full payment for a delinquent Water anct'or Sewer Impact Fees. accrued interest, and recording expenses. Said Notice of Satisfaction of Claim nF l.ie~ shall reflect the appropriate recording information shown on the previously recorded .',',~licc o1' c,_'laim of Lien. F. After the expiration of one ( I ) year from the date of rccording ofthe Notice of Claim of Lien as provided herein, a suit may be filed to Foreclose said lien. Such foreclosure proceedings be instituted, conducted and enforced in conformity with the procedures for the foreclosure of unpaid fees, as set forth in Chapter 153, Florida Statutes, which provisions are hereby incorporated herein in their emiret,: It/thc same extent as if such provisions were .set forth herein verbatim. G. The recorded liens for delinqt,cnt Impact Fees imposed hereunder shall be superior and paramount to the interest on such parcel or property of any owner, lessee, lenanL mortgagee m' 7 34 other person except the lien of County taxes and superior federal liens, il'any, and shall be on a parity with the lien of arLv such Courltv taxes until paid as provided herein. il. The collection and enforcement procedures set forth in this Section shall be cumulative with, supplemental to and in addition to an)' applicable pr~edures provided in any other ordinance~ or administrative regulations of the County or any then applicable law or administrative regulation of the State of Florida. Fa/lure of thc County to follow the procedur~ set forth in this Section shall not constitute a waiver of its fights to proceed under any ordinance or administrative regulation of the Count)- or any applicable law or administrative regulation of the State of Florida or the United States. Section 3.06. DeYeloper Contribution Credit. A. The County may enter into a contribution agreement with a developer to thereby grant a credit for Water and/or Sev,'er Systems Impact Fees imposed by' Section 2.01 in exchange for certain donations of land, or for the construction or installation of certain Regional Water and/or Regional Sev,'er Systems buildings, facilities and/or impro,,'ement~ and/or additions thereto, made to the Regional Water and/or Regional Sewer Systems. B. The arn6unt of Developer Cont',bution Credit to be applied shall be determined according to the following standards of valuation: i. The value of donaled land shall be based upon a wrillen app~ of fair market value by a State certified appraiser acceptable to the Count), based upon comparable sal~ of similar properly between unrelated parties in a barl~ining 2, The cost of eligible anticipated construction to the Regional Water and/or Regional Sewer Systems shall be based upon professional opinions of total project probable cost certified by a Florida pro£essianal architect or engineer. 3. In the case ~)f conlr/butiot~s of construction or installation of improvements, the value of thc developer's proposed conlribution shall be adjusted upon completion of the construction to reflec~ the actual costs ofco~truclion or installation of impmvemcntq contributed by the dcvclorx, r. I towever, in no event shall any upwind adjustment exceed twenty Ix'rccnt (20%) of thc initial cslimate of costa for contributions to thc Regional Water and/or Regional Sewer Syslcms identified in a contribution agrecmcnl between the Owner and the Board. l,~pon adjustment of the value of the developer's contribution, Contribution Credit shall bc likewise adjusted accordingly, Until the Contribution Credit is finally adjusted up<)n comp/etlon of construction, no more than sevenly five (75%) of the initial estimate of costs for contributions to the Regional Water and/or Sewer Systems identified in the contribution agreement shall be aclually applied or ~ in the calculations of available credit against Water and/or $ewer Syslen~ Impact Fees. 4. No credit whatsoever for lands, easements, construction or int"mstnJcture otherwise required to be built or ~ransferred to the County by law, ordinance or any other role or regulation shall be considered or included in the determination of any value o£any developer's contribution. C. All construction cost estimates shall be based upon, and all construction plans, specifications and conveyances shall bc in conformity svith, thc utility consU'uction standards and procedures of the County as then adopted by ordinance. All plans and specifications must be approved by the Public Works Administrator prior to commencement of construction. D. Prior to issuance ora Building Permit, the Applie..ant shall submit to the Public Works Administrator a proposed plan and estimate of costs for contributions lo the Regional Water and/or Regional Sewer Systems. The proposed plan and estimates shall include: i. A designation nnd description of the Water ariel/or Sewer Systems Impact Development for which the proposed plan is being submitted; 2. A legal description of any land proposed to I:~ donated and a written apl:naisal reporl in conformity '.~ith Subsection B. 1. of this Section; 3. Initial professional opinions of probable construction costs for the proposed construction provided by a Florida professional architect or engin~r, 4. ^ proposed time schedule for completion of'the proposed pD.n prepared by a professional architect or engineer; and S. A Twenty-five ~[undred Dollar ($2,$00.00) processing, review and audit tee payable to the Count>-. E. Ul:~n favorable review of the proposed plan, the Public Works Administrator. shall schedule presentation before the Board at a regt,larly scheduled meeting or a special meeting called for the purpose of reviewing the proposed plan, and shall provide the Applicant or Owner writ~--n noti~ o£th~ time and plae.~ scheduled l'or the presentation. F. The Board shall authorize the County Attorney Io prepare a contribution agreement with the Owner only 1. Such proposed pl:m is i~ contbrmity with contemplated improvements and additions to the Regional ~,Va~cr ;md'or Regional Sewer Systems; 2. Such proposed pl,~n, vicw~:d in con. junction with other existing or proposed plans, will not adversely impact lhe cash flow or liquidity of the Water and/or Sewer Systems lmpacl Fees Trust Account in such a way as to f'rustrate or interfere with other planned or ongoing growth necessitaled capital improvemenls and additions to the Regional Water and/or Sewer Systems; nnd 3. Such proposed plan, viewed in con.junction with other existing or proposed plans, will not create a detrimental md',alance between the treatment and transmission capabilities of the Regional Water and/or Regional Sewer Syslems; and 4. The proposed plan is consistent with the public int,.'?est; and S. The proposed time schedule for completion of'~ plan is consistent with the then most recently adopted five (5) year capita/improvement program for the Regional Water nnd/or Regional Sewer Systems. G. The processing, review and audit fee shall be returned go the Applicant il'either the Public Works Adminlstrutor or the Board determines the proposed plan is not accepts, Ne. The review and audit £ec shall become non-refundable when the Board authorizes thc County Attorrgy to prepare a contribution agreement. !!. Any Contribution Agreement shall at a minimum include and provide for: I. Identification o£ the parties, including a representation from thc Owner(s) thai he (thc)') is (arc) thc sole record o~,ncr(s) of thc real property described in the Contrilxuion Agreement. If requested by' the County Attorney, the Applicant or Owner shall provide to the Count}' Attorney. at no cost to the County, an attorney's opinion identifying the record owncres), his (their) at,thority to enter into the contribution agreement and identify any licnholdcrs having a lien or encumbrance on the real property which is the subject of thc agreement. Said opinion shall specifically describe each of the recorded instnunents under which the record owner holds title, each lien or encumbrance, and cite appropriate recording information and incorporate by reference a copy ofall such referenc~ instruments. 2. A finding that the contributions contemplated by the Agreement are consistent with the Comprehensive Plan. 3. A legal description o£ the Water and/or Sew~' Systems Impact Development lands subject lo the Agreement. 4. The dm'ation of the Agreement, which shall not be fora period in exce~ nffive (5) years from the date of substantial completion of the approved plan ofconstn.~tion or from the date of donalion, but in no event shall the duration exceed seven (7) years, exclusive of any moratoria, from the date of recording in the Official Records. 5. A description of the contributions to the Regional Water and/or Regional Sewer Systems to be made pursuant to the Agreement. 6. An acknov, ledgmcnt that the contributions cOlllemplaled under the Agreement shall be construed and be characterized as work done and property rights acquired by a utility or other persons or entity engaged in the distribution or Iransmission of water and/or collection or transm ission of sewerage For the purpose of constructing or ins'tailing on established rights-o/;way, mains, pipes, cables, utility infrastructure or the like. 7. An acknowledgment that the Contribution Agreement shall not be construed or characterized as a Development Agreement under the Florida Local Oovenunenl Development Agreement Acl. as Ihen amended. 8. Adoption of the approved time schedule for compl~lion of the plan. 9. Determination of the amount of credit based upon the standard of valuation identified in Subsection B of this Section. 10. A requirement that the Owner keep or provide for retention of adequate records and supporting documentation ~¥hich cnncem or reflect total project cost of construction, or installation of thc improvcn~ents to be conlribu'led. This information shall be available to /he County or its duly authorized agent or representative, for audit, inspection or COl~fing for a minimum of five (5) years from the terminafiorl date of the Col~ion Agreement. 12C? 11. A requircmcm tha~ the credit for impact fees identified in the Contribution Agreement shall run ~,Sth the subject Water and/or Sewer Systems Impact Development lands and shall be reduced by the entire amount of the Water and/or Sewer Systems Impact Fees due on the first Building Permit ir,sued thereon and each succe~ive Building Permit until the project is either completed or the credits are exhausted or am otberwi~e no longer available. 12, That the burdens of the Contribution Agreement shall be binding upon. and the benefits of the agreement shall inure to, all successors in interest to the panics to the Contribution Agreement. 1.3. An acknowledgment that the failure of Ibc Contribution Agreement to addre~ any permit, condition, tem~, or restriction shall not relieve either the Applicant or Owner or their successors of the necessity o f complying with any law, ordinance, rule or regulation then governing said permitting requirements, conditions, terms or restrictions. 14. Compliance with the risk management guidelines which may b~ established by tbe County's Risk Management Department from time to time, including but not limited to insurance and indemnification language aeceptable to the County. 15. Annual review and audit of performance under the Contribution Agreement lo determine g'hether or not there has been demonstrated good faith compliance with the terms of the Contribution Agreement and to report tl~ a'edit applied toward payment of Water and/or Sewer Systems Impact Fees and the balance ofavailable and mused credit. lfthe Board finds, on the basis of substantial competent evidence, that there has been a failure to comp/), with the terms of the Contribution Agreemenl, the Agreement may be revoked, or modified, by the County. 16..Modification t~r re~ ocafion of the Contribution Agreement as is necessary to comply with relevant State and'or Federal laws, if State or Federal Nwa are enacted after the execution of the Contribution Agreement which are applicable to and preclude the parties' compliance with the terms of the Conlribution Agreement. 17. Amendment or cancdlalion by mutual consent of the parties to the Contribution Agreement or by their successors in interest. 18. Recording of the Contribt:tion Agreement in the Official Records usually within fourteen (14) days slier Ibc ('ounLv enters into the Contribution Agreement. 19. The ability to tile nn action for injunctive relief in the Circuit Coma of Collier County to enforce the terms of the Contribution Agreement, said ceniedy being cumulative with any and all other remedies then available to the parlies for enforcemenl of the Agreement. I. In the event the amount of Developer Contribution pursuant to an approved plan of construction or donation of land exceeds the total amount of Impact Fees possibly due from the Applicant based upon the contemplated improvements to the Regional Water and/or Regional Sewer Systems proposed by the Applicant, the Contribution Agreement ~hall provide for future reimbur~-ment to the Applicant or O .wrier of the excess of such contribution credit from fulure leeeipta by the County of '18 t 2C7' I Water ancL~or Scu.'cr Systems Impact I:ee's. Such agreement of reimbursement shall not be for a period in cxccss of seven {7) years from the date of recording the Contribution Agreement in the Official Records. and shall provide for a forfeiture of any remaining reimbursement balance at thc end ofsuch time period. J. In the event thc amount of dc~elopcr contribution pursuant to an approved plan of construction or donation of land exceeds the total mount of impact Fees credits used on the benefiting Water and/or Sewer Systems Impact Development landa identified in a Contribution Agreement, the Contribution Agreement may provide for the reimbursement of up to one-half (1/2) the excess or remaining balance of such contribution credit, provided funds are then available and collected from future receipts by the Count>' from Water and/or Sewer Systems Impact Fees collected during the fi.sc, al year immediately following the fifth anniversary of the date of subslantial completion oftbe plan of construction or the date of donation, or thc seventh annivemuy, exclusive of any moratoria, from the date of recording the Contribution Agreement in the Official Records, whichever shall fin occur. Should the source of funds for reimbursement as described in this paragraph not be ~vailal~ within the time frame~ described herein, thc remaining balance ofany impact fee credi~ shall be forfeiled. K. Any Applicant or Owner who submits a proposed plan pursuant to this Section and de~iring the immediate issuance ora Building Permit shall pay prior to or at the time the propo~xl plan i~ submitted the applicable Water and/or Sewer Systems Impact Fee.n pursuant to Section 2.01. Said payment shall be deemed paid under "Protest" and shall not be eonatrued ~ a waiver ofany review fights. Any difference between the amount paid and the amount due, as determined by the Board, shall usually be refunded to the Applicant or Owner within 90 days of Board decision. Section 3.07. Review Hearings. A. An Applicant or Owner who Js required to pay a Water and/or Sewer Systems Impact Fees pursuant to Section 2.Oi. shall have thc right lo request a review hearing. Il. Such hearing shall be limited to tile review of the following: I. The application ~,l' the Water and/or Sewer Systems Impact Fees pursuant ~o Section 2.01. 2. A denial of an Affordable I lousing Exemption or Authorization for Reimbursement pursuan: lo Section 3.04 :,nd Section 3.041. C. Except as otherwise provided in this Ordinance, such hearing shall be requested by the Applicant or Owner ~'i:.hin thirty 13~ d:~ys, inch~ding Sundays and legal holidays, of the date of first receipt of the following, whichever is applicable: 1. Receipt ora Notice of Impact Fees Statement 2. The denial of an Impact Fees Exemption or Authorization for Reimb~t Failure to request a hearing ~5thin the time provided ~hall be deemed a waiver ofsuch right. D. The request for hearing shall be flied with the Office ofthe County Administrat~ and must contain the following: I. The marne and address of the Applicant and Owner;, 2. The flail and complete legal description of the proi:m'ly in que~ion; 39 1 2C7 3. If issued, the numN:r of thc Building Permit(s} and the date such Building Permit(s) ,.~as issued: 4. A brief description of the nature improvements on the property or the construction being undcr~akcn pursuant to a lluilding Permit; 5. If paid. the date the Water and/or Sewer Systems Impact Fees was paid; and, 6. A statemcn! of the reasons v,'hy the Applicant or Owner is requesting the hearing. E. Upon receipt of such request, the County Administrator shall schedule a heating before the Board at a regularly scheduled meeting, or a special meeting, called for the purpose of conducting the hearing and shall provide the Applicant or Owner written notice of the time and place of the heating. The hearing shall usually be held within thirty (30) days of the date the request for hearing was filed. F. Such hearing shall be before thc Board and sh~.li be conducted in a manner designed to obtain all information and evidence relevant to the request of the hearing. Formal rules ofcivii proc, edure and evidence shall not be applicable; however, the hearing shall be conducted in a fair and impartial manner with each party having an opportunity to b~ heard and to present information and evidence. G. Any Applicant or Ova,ncr ,*-ho requests a hearing pursuant to this Section and desi/'~ the immediate issuance ora Building Permit shall pay prior to or at the time the request for heating is filed the applicable Water and/or Sewer Systems Impact Fees pursuant to Section 2.01. Sa/d payments shall be deemed paid under "Protest" and shall not be construed as a waiver ofany review fights. Section 3.08. Review Requirement. This Ordinance and the master plans shall be reviewed by the Board initially in connection with its approval of the Capital Improvement Element of its Comprehe~iv¢ Plan as requinxl by Section 163.3177. Florida Statutes. Thereafter. this Ordinance shall be reviewed every three (3) yeats. The initial and each review shall consider new estimates of population per household, costs related to the acquisition of land, buildings, capital plant and equipment necessitated by growth and adjustments to the assumptions, conclusions and findings mt fi,r~h in the master plans adopted by Section 1.05. The purpose of this review is to ensure Ihal thc W~ler and/or Sewer Systems Impact Fees generally reflect thc reasonably anlicipated c(,qs asqociated widl the improvements necessary' to offset the demand generated by ne~,¥ construcmm. ~r u~c ~q' thc P, cgional Water and/or Regional Se~er Systems, by users who have theretofore not connected to the Regional Water and/or Regional Sewer Systems and who have not then paid Impact Fees. In tt~c event thc review of the Ordinance under this Section alters or changes the assumptions, conclusions and findings of the master plans adopted by reference in Section !.05, or revises or changes thc R¢[2ional Water and/or Sewer Systems, or alters or changes the amount of Impact Fees, the master plans adopted by reference in Section 1.05 shall be amended and updated to reflect such new and demonstrable assumptions, conclusions and findings of such reviews, and Section I.O5 shall be amended to adopt by reference such updated st~die~. SECTION 2. REPEAL OF PRIOR ORDINANCES RELATING TO TIIE REGIONAL WATER AND/OR SEWER SYSTEMS I,MPACT FEES. Collier Counly Ordinances .",'os. 88-97 as amended, 90-86 as amended. 90-87 as amended, arid 92-87. all relating to the Regional Water ancL'or Sewer Systems imi~ct Fees arc hcr~b}' repealed in their cnlircty and are superseded by this Ordinance. SECTION 3. DECLARATION OF EXCLt'SION FROM ADMINISTRATIVE PROCEDURES ACT. Nothing contained in this Ordinance shall be construed or intcrpreled to include the County in the definition of"Agency" comaincd in Section 120.52, Florida S~atutcs, or to otherwise subject the County. 1o thc application of thc Administrative Proccdur~ Ac'l, Ch~l~er 120, Flori~ Slalules. This declaration ofintcnl and exclusion shall apply, to all proceedinp, s laken as a result ofor pursuam 1o this Ordinance including specifically, but not limited to, consideration oran Alternative Water and/or Sewer Impact Fees calculations under Section 2.04. a determination of entitlement to an Impact Fees Exemption or Authorization for Reimburscmcnl pursuant to Section .~.04, the proposed plan for a developer contribution under Section .3.06, a review hearing u~der Section 3.07, or otherwise. SECTION 4, CONFLICT AND SEVERABILITY. if any clause, section or provision o£this Ordiaanoe sl~il be declared unconstitutional or invalid for any reason or cause, the remaining portion of said Ordinan~ shall be in full forc~ and effecl ~d be valid as if such invalid portion thcrco£had not been incorporated herein. In the event it is held or construed by any court o£compctcnt jurisdiction that the Courtly does not possess the power or authority to impose the Water and/or Sewer Systems Impact Fees within ~ny Collier County Wastewater Authority certificated areas of ~hc District. or such imposition of the Imp&ct Fees within such areas is declared invalid or unconstitutional for any reason or purpose, such declaration of unconstitutionality or invalidity shall n,t affect fl~c validitF or consfiludonalily of thc imposition ofth~ Water and/or Sewer Systems Impact Fees in any other areas of the District, or for other reasons or purposes, and it is the intent of the Count)'. in such event, that such imposition of Impac! Fees in all other areas remain valid and in force. In thc event lifts Ordinance conflicts with an)' olher ordinance of Collier County or other applicable law. fl~e marc restrictive shall apply'. SECTION 5. INCLUSION IN Tltl-] COI)E OF I,AWS AND ORDINANCES. The provisions of this Ordinance shall Ix'come and be rome ~ i~ of~e Code of l~ws Ordinances of Colller Count)', Florida. The sections of this Ordinanoe may be renumbered or releaered to accomplish such, and the word "ordinance" ma)' be changed to #sexton", "article". or any other appropriate word. SECTION 6. EFFECTIVE DATE. This Ordinance shall become elT¢ctivc upon filing with tl~ Deparlment of State. 1 2C7""t PASSED AND DULY ADOI"I'I!I) 13Y TI tE BOARD OF COUNTY COMMISSIONF. RS OF COLLIER COUNTY. FI.ORIDA. this day of ,1998. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGI IT E. BROCK. CLF. RK COLLIER COUNTY, FLORIDA BY: Deputy Clerk BARBARA B. BERRY, CIIAIRMAN Approved as to form and legal sufficiency: Thomas C. Palmer, As-4stant County ^ttomcy TC P/7/~ffgg/m'dina~e4mpact fee 42 COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following -s a: Normal legal Advertisement Other: (Display Adv., location, etc.) Originating Dep~' Dive Public Work~'Opcrations Person: Ann Marie Saylor Date: 7/20/98 Petition No. (If none. give brief description): Ordinance Petitioner. ('Name & Address): Ed llschner. Public Works Adminislrator 3301 East Tamiami Tr. Naples, Fl. 34112 Name & Address of any person(s) to be notified by Clerk's Office: (lfmoru space is needed, attach separat~ sheet) none ttearing before BCe BZA Other Requested ttearing date: (Based on advertisement appearing 10 days befor~ hearing. Agenda date Ne~ spaper(s) to be used: (Complete only if imponan0: Naples Daily News Other Legally Required Proposed Text: (Include legal description & common location & Size: See ^,ached. Companion petition(s), if any & proposed hearing date: Does Petition~t~~~'~ing cost? Yes. Account should be chati;ed for advertising costs: 408-2101 Review · ~:~ Approved by;. Division Head Dat~ Cour, ly Manag,~r Dale DISTRIBUTION UV~i;TRUC"FION~ A For hearings I~for~ Bce or BZA: Initiating perso,, f~ ¢O,,,ple~ ua~ coy and oblalu Dhrlstom Head appruval b~fore submitting to County Ma,,eger. BIoI~ lfl~a{ ~locumeat I~ ~ I~e :' sure ghat any ,,ec__,~s_-_ry legal review, or request for same, i~ ~bmlaed ~ County At~om~ I~for~ submittl-,g lo Cou,,ty Manager. The Manager's offl¢~ will ~{stri~ copies: County Manager agenda file: to Requesting Dtvisio,, Original Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. FOR CLERK'S OFFICE USE ONLY: ~__ ~.~ 207""q ~ ~,, ORDINANCE NO, 9S- AN ORDINANCE TO BE KNOWN AS Tile COLLIER COUNTY REGIONAL WATER AND/()R SEWER SYSTEMS IMPACT FEE ORDINANCE; PROVIDING DEFINITIONS, RULES OF CONSTRUCTION; PROVIDING FINDINGS; PROVIDING FOR IMPOSITION OF REGIONAL WATER AND/OR SEWER SYSTEMS IY, IPACT FEES AS FOLLOWS: WATER AND SEWER SYSTEM IMPACT FEE SCltEDULES 17 RESIDENTIAL: LIVING BASIS OF FEE METER ERC WATER SEWER ..... SPACE AI,I.OCAI'ION SIZE IMPACT IMPACT (Sq. Ft.) FEE FEE SINGLE FAMILY 0 to 4,999 Per [init ¥," 1.0 $1,275.00 $1,575.00 (No more than Sq. Ft. 4 bathrooms) SINGLE FAMILY Over 5,000 Meter Size/ Per n/a Based on $1,575.00 (More than Sq. Ft. Per Unit Ordinance Meier Size 4 bathrooms) MULTI-FAMILY 0 to 750 Per Unit Per .33 $ 420.00 $ 520.00 DUPLEX Sq. Ft. Per Unit Ordinance blOBILE HOME Per Unit or Spac.~ TRAVEL TRAILER/ Per Unit or Space RV crrgv) MULTI-FAMILY 751 to 1,500 Per Unit Per .67 $ 855.00 $1,055.00 DUPLEX Sq. Ft. Per Unit Ordinance MOBILE HOME Per Unit or Space MULTI-FAMILY !,501 or More Per Unit Per 1.0 . $1~275,00 $1,$75.00 DUPLEX Sq. Ft. Per Unit Ordinance MOBILE HOME Per Unit or Space NON-RESIDENTIAL: WATER METER SIZE WATER SEWER l.MPACT IMPACT FEE FEE ~ $ !,275.00 $ 1,575.00 I $ 3,188.00 $ 3,938.00 1-1/2 $ 6,375.00 $ 7,875.00 2 $ 10,200.00 $ 12,600.00 3 $ 20,400.00 $ 25,200.00 4 $ 31,875.00 $ 39,375.00 6 $ 63,750.00 $ 78.375.00 I g $114.750.00 $141,750.00 t0 $184,875.00 $22g.375.00 12 $27,1,125.00 $33&625.00 PROVIDING FOR PAYMENT AND USE OF ,MONEYS; ALLOWING ALTERNATIVE FEE CALCULATIONS; PROVIDING FOR EXEMPTIONS; PROVIDING FOR COLLECTION OF I.XlP..XCr FEES UPON CItANGES IN SIZE AND USE; PROVIDING FOR AFFORDABLE IIOUSIN(; EXEMPTION AND AFFORDABLE IIOUSING REIMBURSEMENT; PROVII)ING INTEREST TO BE PAID ON CERTAIN REFUNDS; PROVIDING FOR I)EVELOPER CONTRIBUTION CREDIT; PROVIDING FOR PAY3IENT AND COLLECTION OF WATER AND/OR SEWER SYSTEMS iMPACY~ FEES; PROVIDING FOR REVIEW tlEARINGS; REQUIRING PERIODIC REVIEW; PROVIDING FOR TIlE READOPTION OF THE COUNTY'S WATER AND SEWER MASTER PLANS; REPEAI.1NGCOLI, IER COUNTY ORDINANCES NOS. 88.97AS AMENDED, 90-86 AS AMENDED, 90-87 AS AMENDED, AND 92.87, ALL RELATING TO TIlE REGIONAL WATER AND/OR SEWER SYSTEMS IMPACT FEES; SI'ECIFYING EXCLUSION FROM TIlE ADMINISTRATIVE PROCEDURES ACT; PROVIDING FOR h CLUSION IN THE CODE OF LAWS AND ORDINANCF~; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. COLLIER COUNTY REGIONAL WATER AND/OR SEWER SYSTEMS IMPACT FEE ORDINANCE ORI)INANCENO. 98- 69 COLLIER COUNTY PUBLIC WORKS DIVISION 3301 TAMIAMI TRAIL, £AST NAPLES, FLORIDA ~4112 COLI.IER COt;NTV REGIONAL WATER AND/OR SEWER SVSTEMS I.'~II'A('T FEE ORDINANCE TABI.E OF CONTE~ SECTION I. ADOPTIf)N OF ORI)INANCE. ARTICI.E I. I)I(FINI'I'I(~NN. I(N('I.17DIff) AREAS, RUI,ES O]: CONSTRUCTIQN FINDINGS, AND REAl)OPTION ANI) RATIFICA'FION OF MASTER PLANS. 1.01 Definitions ............................... 4 1.02 Arc~ Generally Excluded l~om lm~sition of Water ~or Sexver impacl Fees ........................... 1.021 Areas (;encrallv Exchtded from lmposilion of Sexver Impact Fees ()hi5 . ............................ I I 1.03 Rules of ('onstruction .......................... 12 1.04 Findings ................................. 13 1.05 Readoption and R~fification of Maslcr Plans .............. 15 ARTICI.E II. WATER AND"OR SEWER SYS~MS I~PACT FEES 2.01 Im~)sition ................................ 16 2.02 Payment ................................. 17 2.03 Use of Mone) s ............................. 19 2.04 Alternative Fcc ('aiculali~m ...................... 23 2.1 ARTI('I.}~ III. MIN('I!I.I.AN}:()I;S PROVISIONS 3.OI Exemptions ............................... 25 3.02 Changes of Size and Use ........................ 25 3.03 Interest to ~ Paid on C'crlain Relhnds ................. 26 3.04 AffoMable I lousing ........................... 26 3.041 Affordable }lousing l)cfinili(ms. Benefits. NlandaMs and Limitations. 31 3.05 Altc~ntixc ('ollcclhm Nlclhod ..................... 33 3.06 I)<x'elopcr Contribution Credit ..................... 35 3.07 Review [ {carings ............................ 39 3.08 Review Requirement ........................... 40 SE~ION 2. Re~'al of Prior OMinances Relating to ~ R~io~l Water an&tot Se~r Systems Impact Fees ........................ 40M 1 SE~ION 3. Declaration of l(xclusJon I?om Administrative Procedures Act ........................... 4 SECtiON 4. Conflict ;md . . ................. 41 SECTION 5. Inclusion in thc C'ode tffl.axYs and OMin~c~ ....... 41 SECtiON 6. Effective Date ......................... 41 4 {)RI)INANCE N(). 98° 6_...~9 AN ORDINANCE TO BE NNOWN A~ TII~ COLLieR ~OU~TY REGIO~AL WATER AND/OR ~EWER SYSTEMS I~A~ FEE ORDi~ANC~; i'ROVIDIN~ I)EFINITION~, RUI,~S OF CON~RU~IO~; PI~OVII)INO FI~DINGS~ PROVIDIN(; FOR IMPO~ITIO~ OF REGJO~A~ WATER AND/OR SEWER SYSTEMS IM fACT VEI.:~ AS FOI,LOWS: XVA'l'El~ ANI) SEWEI{ SYSTEM IM FF S :~i)U! ES RESII)ENTIAL: I.IVING tl..X~IS ()F FEE METER ERC WATER SEWER SPACE AI.I.()('ATION SIZE IMf'ACT IMPA~ (StI. Fl,) FEE FEE SINGLE FAMILY 0 to 4/)99 l'cr {inil %" 1.0 $1.275.00 $1.575.00 {No more than Sq. Ft. 4 SIN(';I,E FAMII.Y ()/er 5.0{~11 Nlclcr %i/c~ Per n/a [inset] (m $1.57500 (More than Sq. I1. I'cr l'nit ()rdinance N1cter 4 hathr(~rnsJ MUI.'FI-FAMII.Y o h, 7~0 Per I'nit Per .33 I)UPI.EX StI I't. I'cr Init Ordinance MOBILE llOME I'cr { nit ,,r %pace TRAVEl, T~ILEIU I'cr I;nit t~r Space RV MUI.TI-FAMILY 751 t~, 1.500 I'cr t:nit Per 67 $ 855.00 SI.055.00 DUPLEX Sq. I:l, Per l/nit Ordinance MOBII.E HOME I'cr I/mi .r Space MUI.TI-FAMILY 1.501 or %h+rc ['c~ I'nit Per ] 0 $1.275.00 $1.575,00 I)UPI.EX Sq. I:t, l'cr I'nit Ordinance MOBII.E IlOME Per l/nit or Space NON-RESIDENTIAl.: %VATER METER SIZE WATER SEWER IMPA~ IMPA~ FEE FEE ~, $ 1.275.00 $ 1.575,00 { $ 3.188.00 S 3.938.00 ~-] 2 $ 6.375.00 $ 7.875.00 2 S 10.200.00 S 12.600.00 ~ $ 20.400.00 $ 25.200.00 I $ 31.875.00 S 39.375.00 t, $ 6~.750,00 $ 78,~75.00 S $114.750.00 Sl41.750.00 lu $184.875.~ $228.375.00 12 $274.125.00 S338.625.00 PROVIDING F()R PAYMENT AND USE OF MONEYS: ALLOWIN(; ALTERNATIVE FEE CAI,CUI,ATIONS; PROVIDING FOR EXEMPTIONS: PROVIDING FOR COI,I,ECTION OF IMPA~ FEES UPON CllANGES IN SIZE AND USE: I'ROVll)IN(; FOR AFFORDABLE IIOUSING EXEMPTION AND AFFORI)ABLE IIOUSIN(; I{EIMBURSEMENT; PROVIDING INTEREST TO BE PAll) ON CERTAIN REFUNDS; PROVIDING FOR I)EVELOPER CONTRIBUTION CREI)FF: I'ROVH)ING FOR PAYMENT AND COLLE~iON OF WATER AND/OR SEWER SYSTEMS [MPA~ FE~; PROVIDING FOR REVIEW IIEARINGS: REQUIRING PERIODIC ~VIEW; PROVIDING FOR ! 2C7 aa 'rilE REAI)()i'TI()N ()1.' 'IIIE ('()UN'I'Y'S WATER AND .NEWEl{ MASTER PLANS: REI'EAI,IN(; ('()I.I.IER ('()t'NT~ ORDINANCES NOS. 88-97 AS AMENI)EI), 90-86 .AN AMENI)EI). 90-87 AS AMENDED, ANI) 92-87, Al.l. RELATIN(; T() TIlE RE(;I()NAI. WATER AND/OR SEWER SYSTEMS IMPACT FEES: SI'E('IFYIN(; EXCI.USION FROM Tile ADMINISTRATIVE PROCEDI:RES Al'T: I'ROVII)IN(; FI)It INCI.USION IN TIlE ('OI)E OF I.AWS ANI) ORi)INAN('I.:N: I'I{()VII)IN(; F()R ('ONFI.I(~T AND SEVERAIIII.ITY: ANI) PlJOVII)IN(; F()R AN EFFE('TIVE DATE. %VIIEREAN. thc [{,,ard ,d'( ,,unix (,,mmissioncrs h~s approved inaMcr plans s~ ilh linlclahles to prox ide regional ~atcr and ,cx~cr ~ -tom. m ccrlam D~Hions of the unincorD~rated areas of('ollier ( otlnl~, which comprl.c Ibc ( ,,]hcr ( ',,tlllt~ ~ atcr-Nc~er [)iMricl; and X~ IIEREAN. thc Board, ,I ( ,,unix ( ',,minis,loners ha~ authorized the issuance of x~ater and ,cx~cr utilit) revenue ~,nd~ and ha, applied lot federal and s~te g~ts lo fio~nce const~ction of ~valer and ~cx~cr syslems as pn~x idcd tot in thc approxcd master plans; ~d X¥11EREAN, ( ,,llicr ( ',,unt~ land I )c~ ch,pineal Regulations and D~l~cic, require lhal o~ ne~ of lands proxidc ccmfin di,lr;btllh,i1 f'acililio, ami in recognition fhereofthc Board ,d'( ('omnlissioners doc~ not mclmlc fl:c c,,,t of th,~,c di~lrihulion lhcilitics in it~ cak'ukuion of x~'alcr andk~r XVI I EREAN. i~ ~ nccc,,a?, t,, m,,rc c Icad> ~tate Ihe long-sliding Ddicy of the Board relative ~,, ~hat l~cilitics arc and arc n,,~ paid fi,r dm,ugh rcxenue~ defitt~ from the x~'algr and 'or se~cr systems impact t~cs: and XViiEREAN. Iht C,,unb ~5 auti~ori/cd I,, require Ihe subjt~l impact ftys. ( B,ih&r.,'..l~t,ciati,,n r. ( 'itr ~,I l)uncdin. 32't So.2d 1227 fl:la. 1976}: llolh'n.ood hw. ~'. ' II1 ' Br, nard C ot~illl. A ~[ N~, ~d (~){~l] ia. 4 ])('A ]gR3 i; and II, me Builder~ NOW, TllERI':F(}Iii.~, IH'; IT (}I{DAINED llY TIlE l{OAl{I} OF {;OlIN'FY ('(}MMISMIONEI{N OF ('OI .I.IER COl 'N'I'V. FI.ORll}A, lhal: NE{'TII}N I. AI}OirI'I{IN {}F I his ordiname, the ('oilier ('otmt3 Regiom~l Water andqw Se~r S~stems Impact fee {}Minance. hcreb3 adopted Io read n~ AI{TICI.E I DEFINITIONS: EXCIA I}EI)..XI~RI:I.E~N FINDIN(;M REAI}(IIrI'ION AND RATIFICATION~LANS. Section l.lll, i}efinition~. When used in this ( }rdinanc0. l}}c lblh,x~ ing te~s shall have the follm~ing meanings, unless tile context clearly indicalcs othcrx~ isc: "Affordable IIou~ing" shall mean a dx~elling unit which is offe~ for ~le or rent Ibr an amount which is ~hhin the standard set lb~h and established in this Ordinance under Afli}Mable I lousing. "Agordable llousinR, l)efcrral" ,hall moan Ih0 act of delaying. ~sl~ming or putting olTto a fi~tt~re lin10. "Afford~M~ llo~i~, ~ ai~ er" ~halJ m~an Jl~ ~ oJJlnlag' riehl Io i~l~mio~lly ~elin~uish or a~lis~. "Allernative Water and/or Sc~ cr Systems Impact F'eea" shall mean any alternative Ice calculated by an applicant and approved by thc Board pursnanl to S~lion 2.~ of this Ordinance. "Allemalive Water and/or Se~ er Systems Impact Fee Studies~ shall mean a sludy prepared by an applicant or o~vner and suhmiucd u~ thc County Administrator pursuant to Section 2.04 of this ~)rdinance. "Applicable lmprovemenl" shall mcan any land use thai may c~ale a gro~lh necessitated demand u~n the Count)' Regional Wa~cr m~d/,,r County Regional Sew~ Systems. "Applicant~ shall mean thc persian ~ho applies for a building ~it. "iloard" shall mcan the Board of County Commissionem of Colli~ County. Florida. X~ere the context allnx~s, the leto "Board" shall ;flso bc deemed 1o include the ex~fficio Governing lloaM of the Collier County Water-Sexn~r l)istricl. "Building" shall mean any structure, either Icmpora~ or ~anent. built for thc sup~H, shelter or enclosure of ~rsons. chatlcls or property of any kind. or any other improvement, use. ~r sl~lclllre which creales, or increa~s ~tcntial. demand on the water utility s)'~ o~mt~ by the Collier County Water-Sewer District or Collier County. or both. This le~ s~ll include all dwellings, trailers, mobile homes, or ~y vehicles functioning as a building. "Building Permit" shall mcan an ofiici;~l document or ccMilicate issued by the authority having jurisdiction, authorizing thc conslruction or siting of any building. For pu~s of this OMinance. the term "Building Pem~it" shall also inch:de tic-dox~n ~it~ for tho~ structures or buildings, such as a mobile home. that does not olhc~ isc require a building ~it in oMer to ~ occupied. "Collier County Water-Server District Water Meter Size" shall m~n the walcr meter size dclernlined under Iht provisions of Ordinance No. 97-17. ~ am~d~. "Comprehensive Plan" shall mean thc Comprehensive Plan of l~ County adopted and amended pursuant to the I.ocal Government ('omprehcnsive Planning and Land Developmenl Regulation Act. "CounD'~ shall mean Collier (.'otltlty. ri polilical subdivision of the State of Florida. Where the contexl i~lloxvs or requires, thc term "County" ~hzfll al~o he deemed to include the Collier ('~unty Water-Sewer District. "Count' Allorney" shall mean thc pcr~n z~p~inlcd by the lloaM to ~'e &n its counsel, or the designee of such ~rson. "Counq' Administrator" shall mcan the chief administrative offic~ ofl~ County. ap~inted by the Board. or designee of such person. "l)istrict" shall mean the Collier County Water-Sewer District. a ~liticai su~ivision of thc State of F}orida. who~ governing board is ex-officio the Board of County Commissioners of Collier County. Florida. "Dwelling~ shall mean any building. ,~r part IhereoL intended or designed for residential ~cupancy ;~nd which consists ~f one or more t'o,~m~ xx hich arc arranged or used as living quarters. "Dwelling, Adult Congregate laving Facililies" shall mean any building{s), ~ction ora building. distinct paM ora building, residence, private home. ~aMing home. or olher place, whelher o~mted for profil or not. which undeflakcs through its o~ncrship or management m provide for a ~ri~M exceeding 24 hours, housing, l'o~d scrvic,., and -l~c or m,rc r,:r~nal .~11,'jees/or tour or more adults, not mlat~ to fl~c owner or adminislrator by hh,.d -r marriage. ~ho ~uim s~h ~ic~ and to provide limited nu~ing ~'icm. ~hcn s~'cil]call)' licensed lo do ~ pum~! to F.S. 4~.407. ~1~c ~acility shall liccn~d and approved ns ~uch h~ I-I,~rid~ dcp:~rtmcm o~hcalth and rchabilitalivc ~'iccs. A ~acJlJty ol'l~ring ~nal ser~ ices -r IJmhcd nur~h~ ~ervJccs fi~r R'~'cr Ihan ~our adults Js ~JthJn Ibc meaning o~ this definition ifil I~rmally ,r inl~rm:dly ~dvcfliscs lo or ~licils thc public for residents or rcfc~aJs holds ii,If out tn thc public to h~. :m cst;~hlishmcnt which mgul~l)' provides such ~'iccs. '~c ",~s~i~led or Extendt. d Care" ~md .Xursin~ Ih~me" shall ~ s)~n)'mous with thc Icm~ %[dull Con~re~ale [.ivin~ Facililie~" a~ ~c'd in tl~Js ~rdinancc relating [o thc subjcc[ mailer addressed by this Ordinance. ~l)~'elling, i)uple~" ~hall mc~m ~ ~inFIc. I~ecslanding. convcnlional building -n a single lot. ~'hich contains only two d~cllmg tmit~ ~md J~ inzcndcd, designed, u~d and ~cupicd as l~o dwelling units under single m~ncrship. -r ~hcrc c~zch ch~clHng unil is ~mlely o~ned or Ica~d but thc lot Js held under common o~ncr~hJp. "l)~'ellinE, G~rden Aparimenl" ~h~dl mcan a d~vclling unil which is acccs~d ~rom an imcrior c~mmon space in a huildi,~ c,,n~istin~ ~,1' more II,an one dwdling unil ~hich ma)' c.nlain dwelling uni~ in a ve~ical a~angcmcnt. "l)wellin~, Mobile Ilome" ~h~dl r~c~m ~ delachcd dwdling unit ~mplying ~ith all of Ibc following characteristics: (at dcsi?~cd l~r hm?l~'r~l -ccupancy and conlaining slecpin~ acc-mmndadons, a Ilush t-ilcl, a luh or sho~erbath. :md kitchc~ l~c'ilhics. ~hh plumbing and ek~ffical conncclions provided ~or ;~t[achmcnl tn oulsJdc s)stems: ~ht .levi?cd l~r lrans~alJon (after fab~cafionl on struts or high~ays -n ils o~vn ~he~ls: and (c ~ arrJ~ m~ e..mDl~tc at Ibc site ~'hem it is m ~ ~cupicd as a d~vclling, and ready for ~cupanc~' except I~r mm~,r ~md JncJdcmal un~kJn~ ~ a~bly o~rations. I~alion on ~acks or other lcmff~ra~' ,r pcrm~mcnt I~unda~J.ns. connection to ulJlilies and Ibc like. A mobile home slruclu~ s~l] ~ Irans~ablc Jn ~mc -r more sections. "1)~ ellin~. Modular I lome" i~ ~t d~cflh~ unit. constructed m a total cnli~)' or in pa~s ora tolal chilly. ~hJ~.h is conslmclcd i~l}lcr [11;11l ~1 [}~c huJldi~g she and ~hich is Ihcn moved to and erected on t,uilding site. A mobile h.mc is n,~ c,m~klcrcd a m~ular home unless its maker's name ap~ars on :~pproved lisling of such construclJ~,n in zinc ~ta[~ of Florida. For t~ pu~ of thc computation o~ ~alcr an~or ~wcr impac~ l~es a modular h~mlc shall ~ consid~d ~ a single family d~'elling. "Dwelling, Mulliple-Famil? ~hall mcan a group of three or mom dwelling unils within a single c~mvenlional building, al[ached side h~ side..r onu above thc olher, or ~th, and ~vhcrcin each dwelling unit may ~ individually ~vned or Ice,sod initially .n land ~'hich is under common or single o~vncrship. I",r pu~scs of determining ~ hc'd~cr ~l h,I is in muldplc-~amily dwelling u~. the fidlowing c-nsidcmtions shall apply: a. Mulliplc-l~m~ily d~clHn~, t~cs m~)' involve dwelling units intended Io ~ rented and maintained under central ~ ncrship and management, or ~tive apadments. condominiums, and d~c like u~d may include thc f~ o~hip ofl~d ~ncath each dwelling unit follo~vin~ dc~clopmcnt from a common ~ ofo~hip. 6 b. An.~ multiplc-li, mily dx~clling in ~hich dwelling units are available liar rental lbr ~ri~s of less than ,nc x~cck sh;fll bo o,n~id¢red a Iourist home. a motel, mother hotel, or hotel, as the c~ may he. and shall ,,z:ly be permitted in districts s~re s~cifically designated. c. For the pu~se of thc computation of waler a~or ~'er im~ct fees Ihe tiff lowing shall considered multiplc-I~m~ily dwelling units: guestho~ ~n'ants' quaffers, in-law apaflmcnts, garden aparm~cnts. I~xvnhouses. adult congregate livin~ Ihcililics. assisted or extended care li~ ing Ihwililics mad nursing homes. "Dwelling, Single Vamil)" 4~all mcar~ ~ building which contains onl~ one d~clling unit and is intended, designed, used and ,,coupled by no m~re than one family. "Dwelling, Townhouse~ shall mcan a group of three or more dwelling units attached to each other by a common wall or roof wherein each unit has direct exterior access ~d no unit is located above another. and each unit is completely separated l?,m any othefls~ by a rated Iirewall or a fire and ~und resistant cnclo~d ~mtion or space, and x~ herein each d~clling unit may or may not ~ on a <parole lot under separate ownership. 'l)wellinR Unit" shall mcan, b, ildin~ or p-trion ~ffa building designed Ibr or ~hosc primaD' pu~< ~s fi)r residential occupant3. a~]d ,~ hich c,nxists of one or more nx~ms ~hich are a~anged, designed or used as living quarters fi)r one or m,,rc persons. Al~. nmm or r~ms connected together, consliluting a separate, inde~ndcnt housckecpin~ c:~tablishment Ibr no mo~ t~ o~ family and physically from any other r~ms or d~elling units x~ hich may ~ in the ~e ~cture. A dx~elling unit must contain sl~ping and sanitar5 l~cilitics and a primaD kitchen. "Encumbered~ shall mean m,,nc5 ~ c,,mmitlcd by contract or purcham order in a manner that obligates thc County to expend thc encumbered ;~mot:nt upon the &liveD' ol'go~s, the rendering ol'~rviccs or thc conveyance of real pr-perry interest5 by a vendor, supplieL conlractor or owner. "Equivalent Re~idemial ('onnccfi,n" ,r "El{C" generally reprints the ~uivalcnt u~ge requiremen~ ora single Ihmily residential customer. For the pu~ oflhi~ Ordinance. an ERC will have an ~signed ~'aluc (,f I.O. One ~ I ~ ERC is deemed to ~ ~1 to a flow ofthrce hundred lifiy (350) gallons ~r day (Gl)D) fi)r water: ;md one fl ) ERC is deemed to ~ equal lo a flo~v or iwo hundred eighty (280~ gallons ~'r day (GI'D) fi)r sc~cr. 1 he assun~cd ERC gallonage has ~n based on statistical data establishing an average residential usc. and it is recognized thai the u<s I~r ~mc lypes of residential traits may ~ greater or smaller than the average assumed for this calculation. "Flnrida Local Government I)cvcl.pmcnt Agreement Act~ me~s the provisions of Sections 163.3220 through 163.3243. Florida ~tatutcs. as amended or supplantS, or its succes~r in function. "Impact Fee' shall mean the fee imposed by the County purist to S~tion 2.01 of this OMinance. The le~ impact fee shall ~ synonymous x~Jlh thc te~ "Sy=lem ~m'elopment Charge' as u~d in this <,r prior ordimnces relating to thc su}~ccl matter addressed by this Ordinance. "l.ivinR Area' means actual square ~)~t~gc x~bich could ~ air conditioned or heated space contained under roof or those areas under ro~ff th;~t arc normally insulated against Ihe exterior elements. 7 ! 2C7 · 'Local Governmenl Comprehensive 1'l'4nning and Land Developmcn! Regulation Act" means provisions of Par1. II. Chapter 163. I:lorida Statutes. as amended or supplemented, or its successor in function. "Non-Residenliai" shall mean commercial, motel/holel or any other development upon land that does nol qualif.v as Residential. "Owner" shall mean the ~'rson ~r persons holding legal lille lo Ibe real property that is subject lo impact fees. "Person" shall mean an individual., c~,rp.rati~m, a partnership, an incorporated association, trust, or any other entity. "l'ublic Works Administrator" shall mean the person appointed by lhe Board or the County Administrator, or the designee ,ff such person, to supervise the administration, operalion and acquisition of the Regional Water and/~r I~,cgi,nal .qc~er Systems. "Recreational Vehicle (RV)" shall me:m a vehicular, portable structure built on a chassis, designed to be used as a temporal' dx~.elling fi,r tr~vcl, recreational or vacation use which is identified by the manufacturer as a travel trailer and chics not exceed 480 .square feel in gross flo~r area. "Regional Water System" shall mean tile potable water utility system directly connected to treatment facilities operated by' thc Collier County Water-Sewer Dislfict or Collier County. or both. "Regional Sec'er System" shall mcan tile xvastewaler or sanitary sewer utility systems directly connected to treatment facilities opcr:~ted by thc Collier County Water-Sewer District or Collier County or both. "Re~idenlial'* shall mcan m u I ti- i~m il y d welling units, condominium/Iownhou.~ggardcn apartments. mobile homes, travel trailer rccrcati~,nal vehicle, single lhmily detached hou.~s or any olhcr development upon land that qu:difics ~s a dx~clling. "System i)evelopmcnt Charges" ,";,ce &finition for impact fee. '"rime Periods," Calculatimm of: All time periods contained within this Ordinance shall be calculated on a calendar basis, including Sundays and legal holidays, but excluding the date of the earliest receipt of said Notice of Impact Fees Statement or the date of the Boards decision in the event of an appeal. In the event the due date falls on a ,";undav or legal holiday, the last due date prior to becoming delinquent shall be the next business da>'. "Travel Trailer (TT)" shall mcan a x ehicular, portable structure built on a chassis, designed to be used as a temporary dwelling fi~r travel, recreational or vacation use which is identified by Ibc manufacturer as a travel trailer and does not exceed 480 square feet in gross floor area. "Water and/or Stm'er Systems Impact Development" shall mean development upon lands within the Collier County Water-Sewer District. exclusive of the lands encompassed by the areas described in Section 1.02 ofthis Ordinance. x~hich shall be subjected to Ihe payment of impact fees under this Ordinance or its predecessor in functi<~n, upon the first occurrence of any of the following: (a) Whenever any building, structure or applicable improvement which has not previously paid impact fees under this Ordinance..r its predecessor in function, connects to the Regional Water and/or Regional Sewer Systems: or 1 207' $ (b) Whenc,,'cr an> building, structure or applicable improvement which is connected to an interim water and or ~c',~ er ~.', stems is connected, either directly or indirectly, to the Regional ¥.'atcr and'or Regional Server Systems: or (c) Whenever an)' person applies Ii~r a building permit to construct a building, structure or applicable improvement xx i lb in the boundaries of the Collier County Watcr-.%wcr District. even though the subject lands is rccei~ lng or may receive interim water and/or sewer ~rvices from a source other than the Collier £'ounty Water-Sewer District: or (d) Whenever a person :tpplic.~ Ibr a building permit Io alter an existing building, structure or applicable improx emcnt then c,,nnccted Io thc Regional Water and/or Regional Scxvcr Systems. if such aheration increases thc dcmiuld ~n the potential demand on the Regional \Valor and/or Sewer Systems. Section 1.02. Areas (;enerally Excluded from Imposition of Water and/or Sev~'er Impact Fees. [.ands x~ithin Collier County generally excluded from the definition of Water and/or Sewer Syslems [mpact Development as defined herein: A. Those areas lying x~ithin the boundaries of the Marco Water and Se,,ver District. Exclusion of the Marco Water and Sex~er District recognizes that this area is not premntly planned to be sen'ed by ~reatment capabilities of the P,¢gional Water and/or Regional Se~.~er Syslems. B. '[hose areas lying within the boundaries of the Goodland Water District. Exclusion of the Goodland Water District recogni/es thz~t this area is not prer, ently planned to be served by the treatment capabilities of the Regional \Valet and/or Regional Sewer Syslem$. C. Golden Gate l'istatc~. [ :nit No. I. Plat Bnok 4. Page 73. Public Records of Collier Count)'. Florida. D. Golden Gate E'states. i'nit N'o. 2. Plat Book 4. Page 75. Public Records of£'ollier ¢'ounty. Florida. E. Golden Gate Estates. L'nit No. 3. Plat Book 4. Page 77, Public Records of Collier County. Florida. F. Golden Gate Estates. t;nit No. 4. Plat Book 4 Page 79. Public Records of Collier County, Florida. G. Golden (;ate lislates. I'nit No. 26. Plat B~k 7. Page 15. Public Records of Collier County. Florida. Il. Golden (;ate t.]stalcs, t rnit No. 27. Plat Book 7. Page 17. Public Records of Collier County. Florida. !. Golden Gate Estates. Unit No. 28. Plat Book 7. Page 19. Public Records of Collier County. Florida. J. Golden (;ate Estates. ['nil No. 29. P[at Book 7. Page 57, Public Records of Collier ('ounty. Florida. K. Golden Gate F. statcs, t'nit No. 30. Plat Book 7. Page 58. Public Records of Collier Count)'. Florida. This subdivision ix now part o1' Florida Cities Water Company's certificated area. L. Golden Gate Estates. I;nit No. 31. Plat Book 7. Page 59. Public Records of Collier County. Florida. 'lhis subdivision ix now part ~1' Florida Cities Water Company's certificated area. .M. Golden Gate Estates. t'nit No. 32. Plat Book 7. Page 21. Public Records of Collier County. Florida. N. Golden Gate Estates. t'nit N,. 33. Plat Book 7. Page 60. Public Records of Collier County. Florida. O. Golder' Gate Estates. t;nit No. 34. Plat Book 7. Page 23. Public Records of Collier County. Florida. P. Golden Gate F. states.! ;nit N,. 35. Plat Book 7. Page 85. Public Records of Collier Count.','. Florida. Q. Golden Gate listatc.~. 'nil N,. c~5. Plat l?,c~k 9. Page 45. Public Rec~rds Gl'Collier County. Florida. R. Golden Gate listatcs ;nit N,. 96. Plat Book 7. Page 94. Public Records of Collier Count)'. Florida. S. Golden Gate Estates. I;nit N~. 97. Plat Book 7. Page 9~. Public Records of Collier County. Florida. E'xclusion of the ab,ye-referenced areas in Golden (date Estates recognizes that the nature of the previous development, the platting ,f these areas primarily into large residential tracts and thc present zoning and constraints of thc ('omprchensivc plan have ~verely limited the density and use of these areas in such a way as to make it ec,momically impractical to serve most of these areas in the foreseeable future ,,'ia the Regional Water and/~r ReL~ional Sewer Systems or any other centralized water and/or sewer utility. T. Those areas lying within the Marco Shores. Unit I. Sections 26 and 27. Township 52 South. Range 26 East. and recorded in l'lat l}ook 14. Page 34 of the Public Records of Collier County. Florida. Exclusion of the Marco Shores. Unit I. recognizes that this area is not presently planned to be served by treatment capabilities of the Regional ~,t.'atcr and/or Regional Sewer Systems. U. Ridge l:am~s Subdivisi{m tn,,t plattcdl described as follows: Begin at Southeast comer of Section 6. Township 49 South. l~,anLae 26 East. Collier County. Florida; thence north 88 degrees 50 minutes 1.5 seconds east along the sou~h line of said Section 6; thence north 0 degrees 13 minutes 20 seconds west along the east line of Section 6 a distance of 3044.40 feet to the east quarter comer; thence continuing north along said line a distance of 428.84 feet; thence leaving said east line_north 88 degrees 40 minutes 58 seconds west. u dj.stance of 1285.80 feet: thence south i degree 10 minutes 35 seconds east. a distance of 523.35 feet: thence s()uth 0 degrees O0 minutes 00 seconds east. a distance o1' 137.19 Feet: thence north g8 degrees 41 minutes 53 seconds west. a distance of 3959.46 feet to the east line of :,foresaid Section 6: thence sour) r) degrees 00 minutes 00 seconds east along said east line a distance of 3038.77 feet to the point of bcginninL2. Said described tract contains 371.4(,0 acres, more or less. More generally described as those properties adjacent to or abutting Ilunlers Road. I.ivingston Road. and Daniels Road. 10 V. Areas North of Radio I~.~,~x,l - located x~'ithin Section 3 I. Township 40 South. Range 26 East. Collier County. Florida. generally' described as tho~ pro~ni~ Migent to or abutting S~ M~co Blvd.. St. Clair Shores Road. ~)x~en l.ane, and l:amily Civic ~. W, All of Section R, I',,x~r~ship 5f~ South. Range 26 I~t (excl~in~ F~lling Wnle~): Pn~s nf Section 9. Township 5~) S~uth. I?:m~c 26 East: Pans of Section 16. Township 50 South. Range 26 East; Pan of Section 17. Township 50 S~,~th. Range 26 Fast: and Pan of Section 7. Township 50 S,mth. Range 26 ~t all of Collier C'~unty. Fl~ridu: more s~citically ~fi~d as.tho~ pro~ies adj;c '~t to or abutting Iteritage Trail. t~ni~x g¥;~y. C',~. I.ane. Crews Road. Count)' Barn Road. Shcdd,~n i.ane. gg~it~ Road. Sunni l~lvd.. Sandy Lane. Adkins Avenue. Ev~t Stol Polly Ave.. Wcndy l.and~ale Lane and Cynthia X. Tho~ areas I~'ing xsithin thc Key Marco Community ~velopmenl Districl. Excision of the Key Marco Community l)cvcl~pmc,~ District recognizes that Ibis area is outside the Collier County Water-Sexs~r District. Y. All lho~ are;is 15i,~ x~ i~hi~ thc Collier County Waler and Wasle~alcr Authorily_cc~ificalcd areas of Florida Ci~ics Water ('~m~p;,~y. and Florida Waler Sec'ices Co,ration Hbrmcrly knos~ Southern Stat~ Utilities. Inc.~. or d~cir succcs~rs or mssigns. I~ated within Collier County. Florida. (~e only exceptions to this provisi~m to provide ~'ice within t~ c~ificated areas may exist when the p~ies enter into a written a~rcemcm for water ~'ice to ~ ~vi~ by the County.) 7~ All tho~ areas located ~ithin the City of Naples ~ce areas as descried in the Octo~r. 1977 City/County Agrccmen~ and amendments lhcrcto. AA. Area of CR95 land I ~N41: ~mc mile ~ctions t~t mn w~t of Ibc Collier County Wat~- ~c~:r District l]ounda~' described as I~lloxvs: All of Section 3& To~hip 49 Soulh. Range 26 I~t; All of Seclions 1. I I. 14.23.26 and 35. 'l'os~nship 50 South. ~ge 26 F~t: All of Section 2. 'l'og~ship 51 South. Range 26 Eas~: Pa~s ~f Sc. cti~ns I. II. and 12. To~ship 51 South. Range 26 East; Pa~s of Sections 7. 8, 16, 17. I g. 20. 2 I. 22. and 27. Tosvnship 51 ~u~ ~ge 27 ~t. all of Collier County. Florida. I lowever, the above cxclusio,~ ;~rc not absolute and I~ds lying wi~in thc excluded areas which :~re either required to connect t(~ ~r request connection Io the Regional Water System. or othe~'i~ c~ate :~ gros~h necessitated demand t~p(~n Ibc Rcgkmal Water System, shall ~ subject to Ihe transition of i,~pact fees under Section 2.01 of thc L'ollicr County Regional Water System Im~ct F~ Ordin~ce in the ~me m~ner zs if~id lands arc l~gicall~' cha~ctefiz~ ~ ~mr System Impact Development. Section 1.021. Additional Areas Generally Excluded from Imposition ofS~'er lmpacl Fees Only. l.ands within Collier County gener;~lly c>:cluded from the definition of Se~:r System lmpacl Fees are d~'scri~d as: A. Tho~ areas I~ ins x~i~hi~ thc t'inc Ridge Su~ivision as s~ in Plat B~k 3. Page 24. t~t~blic Records of Collier C'ounl~'. Florida. B. Pine Ridge Extension. Plat l~o~k 3. Page 5 I, Public R~ ofColli~ Counly, Florida. C. Pine Ridge gu~ivision. Plat ~ook 4. Page 29. Public Rm~ds of Collier County. Florida. I! D. Pine Ridge Second I'ixtcnsi,,r~. plat IJ~k I0. Page g6. Public Records ~ffCollier County. E. Pine Ridge Second l':xtcn~i,,n. Plat Book I". Page 57-58. I'uhlic Records of Collicr County. Florida. Exclusion of the above-referenced areas in }'~ine Ridge Subdivision, Pine Ridge F. xtension, and Pine Ridge Second Extension recognizes that the nature of the previous development, the platting of these areas primarily into large residcnti-,I tracts and the present zoning and constraints of the Comprehensive Plan have ~verely limited thc dcnsily ~md u.'.¢ of these areas in such a way as to make it economically impractical to serx'e most ~1' th(se areas in the foreseeable future ,,'ia the Regional Water and/or Regional Sewer Systems or an)' other centrali×¢d water or centralized sewer utility. F. Coconut Creek. I..'nit I. according to Plat Book I. Page 108. Public Records of Collier Count)'. Florida: Coconut ('reek. ['nit 2. Plat Book 3. Page 4. Public Record of Collier County. Florida; ("oconut Creek. I,~nit 3. Plat Il,ok 3. I':~ge 48. Public Records of Collier County. Florida: Westview PlaTa. Plat Book 13. Page 50. Public Records of (.'oilier County. Florida: more specifically described as ~ho~ properlies adjacent to or ,'~butting l.~rraine Road. Kathy Street. Gall Blvd.. Esther Street. Donna Road. Westview Drive. and ~m North Road. G. Four Seasons. acc~,rding to Plat Book 10. Page 95. Public Records of Collier County. F'lorida: and Four Seasons Unit 2. according to Plat Book 12, Page 6. Public Records of Collier County, Florida. II. Quail Woods (previously kno~n as l':dgewild), according Io Plat Ben)k 13. Page 44. Public Records of Collier Count)'. Florida: m~r¢ specifically described as all single family lots adjacent to or :~butling "The Lane". I. Tall Pines. according t~! Pla! Book 12. Page 70. Public Record of Collicr County. Florida. J. Isle of Capri No. 1. according to Plat Book 3. Page 41. Public Records of Collier Counly. Florida: Isle of Capri No. 2. according to Plat Book 3. Page 46. Public Records of Collier County, l:lorida: isle of Capri No. 3. according to Plat Book 3, Page 66, Public Records of Collier County, F'lorida; and Isle of Capri Business Section. according to Plat Book 3. Page 52. Public Records of Collier ('ounty, Florida. Ilowever. the above exclusions arc not absolute: l.ands lying within the excluded areas which ~re either required to connect or request connection to the Regional Sewer System, or which otherwise create a growth necessitated demand upon the P, egional Sewer System shall be subject to the imposition ,,f impact fees under Section 2.01 of thc Collier County Regional Sewer System Impact Fee Ordinance in the same manner as if said lands are logically characterized as Sewer System Impact Development. Section 1.03. Rules of Construclion. For the purposes ol'administration and enlbrcement of this Ordinance. unless otherxvise stated in this Ordinance. the fi~llo~ving rules of conslruction shall apply: A. in case of:,ny difference -l'm~'aning or implication between thc text of this Ordinance and an)' caption, illustration, ap~'ndix, st, mrnaD. table, or illustrative table, the text shall control. 12 1. 2C7 t B. The word "shall" ix :dx~a.x s mandatory and not digretionary. The wind "may" is always . permissive. ~" C. Words used in tile present tense shall include thc future: and words u~ed in lire singular shall include Ihe plural and thc plural tile singular, unless the context clearly precludes such '?":~ construction: usc of the masculine gender shall include Ihe feminine gender. D. The phrase "used l'~r" h~cludes "arranged for." "designed for." "maintained Ibr." or "occupied for." E, Unless the context cl,:arl.x indicates the contrary, where a regulation involves two or more items, conditions, provisi~ns, or c~ ents connected by the conjunction 'and." "or" or "either...or~. the conjunction shall be interpreted as Follows: !. "And" indicalcs that all tile connected terms, conditions, provisions or events shall apply. 2. "(')r" indicates that tl~c connccled terms, conditions, provisions or events may apply singly or in an> c,,nbination. 3. "Eithcr...~v" indicmcs that the connecled items, conditions, provisions or events shall :~pply singly but not in combination. F. ]'he word "includes" shall ,or Ihnit a term to Ihe specific example, but is intended to extend its meaning to all odlcr instances ~r circumstances of like kind or character. (';. The terms "growth". "gr~th necessitated improvements". "future growth" and the like shall refer and shall be construed aK rclhrring to Water and/or .gev,er Systems Impact Developmem eilher occurring or connecting, directly or indirectly, Io ~ Regional Water and/or Regional Sewer Systems subsequent to the effective date of this Ordinance, Section 1.04. Findings. h is hereby ascertained, determined and declared that: A. The Florida Legislature bas adopted grov~lh managemenl legislation which requires local governments to plan tbr and provide I~r capital infrastructure facilities such as water and sewer systems. il. The Board has alternative, cumulative and supplemental authority to plan for and provide water and scad'er systems under tire I,aws of the State of Florida, including, but not limited to. Chapters 125. 153 Pan II. 163. and 380. Florida Statutes; Chapters 67-1246, 78489 and 88499. Laws of Florida: and Article Vl ll o1' tile Constitution of the Slate of Florida. C. Collier County l,and Development Regulations and policies require persons to install, use. operate or employ interim x~,tcr andk~r interim sewer m:atment facilities when such persons choose to develop lands in advance of the expansion o£the Regional Water and/or Regional Sewer Systems within the District. D. Collier Count), l,and l)evelopmcnt Regulations and policies require that owners of lands connected to interim water and/or interim sewer facilities disconnect Imm such facilities and connect to the Regional Water andtor Regional Sewer Systems whenever the Regional Water and/or Sewer Systems becomes ~vailablc to such land. 13 E. Future demand represented by Water antYor .~wer Systems Impact I~clopm~nt s~uld contribute ils I~fir share to the cost of improvcmcn~ ~ ~dilions to Ibc Regional Water an~/or Regional S~vcr F. Implcmemation of Impact Fees [o require Walcr a~/or Sewer S)'slCnls Im~ct I~vclopm~nt lo contribute its l~ir share t~l' thc cost of improvements and ~ditions lo thc Regional Water an~'or Regional Scx¥cr ~) stems is an integral and vital element of Ibc ~gulalo~' plan of management inco~oratcd in ibc Collier Counly Comp~nsive Plan. (;. Capi~l planning is an cvolvin~ pr~ess and t~ level off'ice id~tificd in Ibc Collier County Comprehensive Plan lbr thc Regional Wal~ ~or R~ional ~wcr Systems constilul~ a projection of anticipated nccd l~r xYater anchor w&~tc water ~&;or ~wcr treatment and transmission facilities, based uptm present kno~k~ge a~ judgment, l'herefom, in ~cognilion of changing gro~fl~ paltcrns and ~he dynamic nature of ~pulation grm~h, it is the intent oflhe Board that the level of scrx icc Ibr ~he Regional Water an~or Regional Se~'er Syslems and the Impact Fees im~sed be rcvicxved and adjusled ~fi~ically. pu~uan~ lo Section 3.0g ~fthis Ordinance. Io insure that ~hc Water and;or Se~er Syst~ lm~l F~ are im~d c~uitably ~d lawfully, based upon aclual and anticipated grm~lh al 1~ lime of their im~sition. II. ~e im~sifion of thc Water anchor Sewer System~ lm~ct Fees is Io provide a ~urce of revenue to fund the constructi,n and improvement of Ihe Regional Water ancot Regional Sew~ Systems either necessitated by gr,~x~h or ~ delineated in Ihe Capital Improvement Eiemenl of the Comprehensive Plan ,r in thc cu~ent adopted water ancot w~tewater master plan d~uments. i. ~e Regional Water and/or Regional Sewer System~ i~ int~ed lo ultimately provide ~ic~ for all citizens of the C~llier County Wal~-~ D~fict and lhat Ihe pm~nce oft~ Regional Water and/or Rcgion~d Sewer Systems enha~ ~ ~efit~ Ihe health. ~fety and general ~elfare of all citizens ,f('ollicr County. ~e ~ s~ifically finds Ihat the development of a Regional Wa~cr and/or Regional Sewer Syslems enhances and ~netits the health, safe~y and gencr:d xvcllk~rc ol'fl~e residen~ and I~dm~e~ wilhin ~he Collier County Water-~ver DistricL J. ~is Ordinance shall not. and shall not ~ co~ m. ~il ~ collation of Wa~er ~'or Sex~er Systems Impact Fees I)om Water ~or ~'~ Sy~s Impact Development in excess of [he amount reasonably anticipated to off~ ~ d~d on the Regional Water ancot Regional Sewer Systems generated by Water ~or Sewer Syst~s Impact ~velopment either occu~ing or connecting ~o ~he Regional Water ancot Regional Sewer Systems. K. All improvements and additions ~o the Regional Water ~or Regional Sewer Systems needed to eliminate any deficiency be[~veen the existing Regio~l Water ~or Regional Sewer Systems and the standard ,f service as adopted in l~ Compulsive Plan, shall ~ fundc~ by mvenu~ other than impact t~cs. All revenue defiv~ from ~ Wal~ ~or Sew~ Sy~ems linnet Fees shall ~ utilized only fi~r the acquisition ofim~v~ ~d Mditio~ to the Regio~l Water an~or Regional Server Syst~s which ~ ~si~t~ by Wal~ ~or S~ Systems Impact I)evcl[~pmc=]t either occurring or conneclJng to Ibc Regional Water and/or Regional Sc~ver System.~. L. Thc impmvemcnt~ and addid(ms to ~hc Regional Wat~ and/or Rcsional ~cwcr ~yslems. ~quired Io accommodate I~lurc conn¢cdons or dema~ ~. Water and/or Newer Systems Impact Development shall be I~mded c~tircl)' by thc revenue derived I~om Ibc Water and/or Sewer Systems Impact l:ccs. 'l'hcrc~rc. no credit shall ~' given f~r any lax revenue sources including Iho~ ~hich may have been udlized in prior yearn for t~, fu~ing of Regional Water an~or Regional Scx~cr System~ improvements or additions. In thc event that this ~licy is altered by sub~qucnt action of thc I~oard. or il' grant money is ~eix,~ ~ committed for gmx~lh nccmsitated improvemcms and additions to the Regi~al Water ar~/or Regional Sewer Systems. thc Water and'or ~c~vcr N) ~tcms Impact Fees may ~ adj~t~ al any rc~ icky rcqui~d pu~uant to S~tion 3.08 of this Ordin:mcc. ~md crcdil may ~ given for any mx revenue which h~ ~n utilized for gr~x~lh required impr~vcmcnt~ and additions Io the Regional Water and/or Regional Sewer S)'stcms. M. It is has been and continues to be thc long-standing ~licy of the Board that cc~ain distribution and/or collecti~m ]~cilidcs not ~ funded ~ ~vmum dcfiv~ from Water an~or Sewer Systems Impact l-cos. Such distribution ~or collation f~ilitie~, for thc pu~ of this finding, include, by way oCcxamplc and not limi~ti~. ~ui~. n~ or appu~cnant gravity lines, pump stations. F~rcc mains and interconnecting tmnsmisnion facilities typically inslallcd and dedicated at thc time suhdivisi<~n or like or substantially similar improvements arc installed. ~r such distribution and/or c.llccti,n I~cilitics installed as a ~sult of'Ibc crcntion t~l'a Municipal Se~'ices Tax or Benefit Unit. or like or simil~ s~ially fund~ pmje~, in a defined a~a dctc~ined to need thc installation, retrofit. ~or con--ion to a c~tml waler an~or ~wcr systems meeting County standards. Accordingly, the ~lalion oft~ Impact F~ im~ by this Ordinance d~s n~t include ~r account for the costa or ex~n~ ofs~h disldbulion an~or collation faciJilics. N. Thc provisi~ms in thi~ Ordinance relative to "l)cvclo~r Conlfibuli~n Credit" rcprc~nt innovative land development regulation which the L~al Government Comprehensive Planning and Land Development Regulation Act cncouragcs i~al government to employ via its land development regulations. Section 1.05. Readoption and Ratification of Master Plan~ ~e Board hereby readopts and inco~oratcs, by refe~nce, t~ follo~ng master plans: I. Collier Count)' Grox~lh Management Plan, as amendS. (Fcbma~. 1991) 2. ~c Water Maslcr l'hm t~pd:~tc prepared by Camp. Dms~r & McKcc, Inc. (1996). ~ amended. 3. ~c 201 Facilhics Plan [:pdatc prepared by Camp. D~ & McKee, Inc. (1997). ~ ~cndcd. 4. Water & Sewer Impact Fcc Stud)' p~p~ by A~li, B~& B~dagc. Inc. (1~7). as amended. The Board hereby incorporales particularly the assumptions, conclusions and findings in st,ch studies as to thc dclerminalion of existing capacity available to accommodate growlh and anticipated costs of the additions lo the Regional Water and Regional Sewer Syslems required to accommodate gro~lh contemplated in lee Comprehensive Plan. ]'he Board further incorporates by reference the Comprehensive Phm as amended or supplemellted I1~ il relat~ to improvements and additions to the Regional Water and/or regional Sewer Systems. ARTICI,E !! WA'FEI{ ANI)/OI{ SEWER SYSTEMS IMPACT FEES Section 2.01. Imposition. A. Pursuant to this Ordinance. all Water and/or Scw~' Syslems Impact Development occurring within the Collier Count)' Water-Sewer District fi.all pay a Water and/or Sewer Systems Impact Fee in accordance with the following sd~',dul~: WATER & SEWI!R SYSTEM IMPACT FEE SCIIEDUI.ES RF, SIDENTIAL: lAVING BASIS ¢11" FEE METER ERC WATER SEWER SPACE AI.I.()CAHON SIZE IMPACT IMPACT (Sq. Ft. ) FI:.I5 I:F.E SINGLE FAMILY 0 to 4.999 Per Unit s/,,. I.O $1.275.00 $1,575.00 (No more lean Sq. Ft, 4 Bathrooms) SINGLE FAMILY Over 5.000 Meter Size/ Per n/a Based on (More than Sq. FI. Per Unit Ordinance Meier Size $1.575.00 4 balhrooms) MUI,1I-FAMII,Y 0 Io 750 Per Unit Per .33 $ 420,00 $ 520.00 DUPLEX Sq. I:t. Per Unit Ordinance MOBILE I IOME I'cr I/nit or Space I'RAVEL TRAII.ER~ ['er ! :nit or Space RV {TTRV) MULTI-FAMILY 751 to 1.500 Per Unit Per .67 $ 855.00 $1.055.00 i)UPLEX Sq. Ft. Per Unit OrdMam~ MOBILE IIOME Per I !nil or Space MULTI-FAMILY 1.501 or More Per Unit Per I.O $1.275.OO $1.575.00 DUPLEX Sq. Ft. [)er Unit Ordinance MOBILE HOME Pcr l.hilt or Space NON-RESIDENTIAL: WATER ME'IER SIZE WATER SEWER IMPACT IMPACT FEE FEE Y. S 1.275.00 S 1,575.00 I $ 3.1ff$.00 $ 3.938.00 I-1/2 $ 6375.00 $ 7.875.00 2 $ 10.200.00 $ 12.600,00 3 S 20.400.00 S 25.200.00 4 $ 31,875.00 $ 39,375.00 6 $ 63.750.00 $ 78.375.00 8 $114.750.00 $141,750.00 Ir} $184.875.O0 $228.375.00 12 $274,125.00 S338,625.00 16 1 B. The Water and,or .%~¢r Systems. Impact Fees shall he paid in addition lo all olhcr fi:cs. charges and assessmenls duc at the time of issuance ofanv building permit. Section 2.02. Payment. A. Except as otherx~is,: expressly provided in this Ordinance. prior to the issuance of a building permit s~'here applicable, all applicants or owners, as the case may he. shall pa)' the Water and/or Se,a'er Systems Impact Fees as set forth in Section 2.01. I. Single family residential waler impact fee,s shall be paid on the larger amount based on a per dwelling unit basis or meter size basis an determined under ()rdinance No. q7-17, as amended. Single family residential ~v,'er impact fcc shall not exceed one I I I ltRC'. 2. Multiple-I/amily. l)uplcx. Mobile liome or 1'ravel Traih:r gccrealional Vehicle impact Ii:es shall be paid on the larger amount based on the per unit/space basis or on the meter size basis as determined under Ordinance No. 97.17. as amended. In the event the meter size calculation results in a larger initial payment, the owner shall he entitled to imp:,ct Ibc credits on additional units as the permits for the units arc issued. 3. Non-Residcnti,I imp~ct fees shall be paid on Ihe meier size basis as determined under Ordinance 97.17. as amended. B. Subject to an availability ,f funds, the Count)' ma.,,' enter into agreements to extend payment of Water anti, or Sexver Systems Impact Fees and associated costs over a perkxt not to exceed ~ven {7} .,,'ears ~ith O~'ncrs of then existing Buildings. structure~ or applicable improvements which are mandated to connect to Ihe Regional Water and/or Regional ~wer Systems. Prior to the Count), entering into any :,grccmcnts to extend payment, and from time-to-time thereafter. the Board shall identi~3' a specific sot,rce of funds to be used relative to providing extended payment and the cost of such funds, including all expenses and costs incidental to obtaining or providing .same. the interest r:~te that the Board or the Public Works Administrator or the Department of Revenue l.}ircctor will employ in offering extended payment with interest, and a reasonable estimation or description of the administrative costs or expenses associated with administering the extended payment alternative to the reqx'ctive land(si. I. The Count5' shall only enter into agreements to extend payment of the Water and/or Sewer Systems Impact I:ces and associated costs with Owners of then existing buildings, structures or applic:,ble improvements, mandated to connect to Ihe Regional Waler and/or Regional Sewer Systems. 2. The amount of payment, including any title verification expenses ~nd a reasonable estimation of the cost and expense associated with providing an extended payment alternative, shall be paid in equal monthly payment, with an annual interest rate ms determined and promulgated from time-to-time by the Board. State document stamp and recording fees will be upfront costs borne by the owner and shall be paid in full at the time the extended payment agreement is executed. T'he interest rate charged shall be representative of the County's cost of funds, including all expenses or costs incidental to 17 obtaining or providing same. if any. 'rhe intcn..st charged shall be adjusted during January of*any c.'dcnd:~r year in accordance wilh the then applicable Ordinance (currently Ordinance N.. '~6. I ? :,nd No. 96- I g) and shall be based on Ihc Counly's cost of funds thc immediately proceeding fiscal year. 3. With fire exception ~)f tl~e approval ar.,! execution ofag~'ements, or an aggregation of related agreements, xxith a face amount in excess of $6.000. the Board hereby delegates to thc Public Works Administrator (or the Department of Revenue Director) tire rn~wcr and authority to enter into. modify, and release such extended payment agreements in confom~ance v. ith the provisions of this Ordinance. The agreement, and any other associated documemati,n, shall ~ in a form approved by the Board and acceptable to the CounLv Attorney. Eacl~ such agreement shall be recorded in thc ¢)llicial Records upon appr~val of the I'uhlic \V~rks Administrator or the Department ~fl' P,¢vem~e Director. 4. For an agreement. ~r an aggregation of related agreements, to extend payment of impact Ices and associated costs with a face amount in excess of $6.000 the County shall require the procedure and documentation for extending payments to substantially and reasonably confi~rm to generally accepted and rea~onably applicable commercial lending practices, including but not limited to the requirement fi~r acceptable Pe~mal guarantees from one or all of the O~ners or individuals owning a beneficial interest in an entity Osvncr. At its sole option II~e County may contract with outside c,unsel or a servicing agent to prepare such documentation and to advise the County relative to conformance ~'ith generally accepted commercial lending practices and Ihe costs of same shall bc borne by the Owner. 5. Upon ~tisfactoO' payment of all principal, interest, and associated costs under an extended paymcm agr~:ement, thc County shall execute a Satisfaction of l~icn and record same in the Official R~:c,~rds of Collier County. A copy of the recorded Satisfaction of Lien ~ill be mailed by regular U.S. mail to the record Owner within sixty (60) days from receipt of full pa.~ ment. 6. In recognition that the payment of the Water and/or Sewer Systems Impact Fees then existing mobile home park or rental housing will generally, in some manner, be passed through to the occupants by an Owner. and in recognition that if such pro-rata Impact Fee pass-through is collected as one single payment by the Owner. that such a pass-through may cause linancial hardship on these occupants, the Board. in its sole discretion, may require tl~e Owner to covenant and agree, for the benefit of all affected Persons. to pass thr~ugh enlirely and on the .same terms all the benefits of any extended payment of the Impact Fees to the affected persons. C. 'ihc obligation lbr pa) ment of tire Water and/Or Server Systems Impact Fees and ~he benelits derived therefrom shall run with the land. pro-rain in the event a division of the land. D. In the event that a valid building permit, for which a Water and/or Sewer Systems Impact Fees have been paid. expires prior to tire initiation of the construction for which it was issued, the ! 2C7'It applicant ma)' ~ ithin ninety <qOi days of the expiration of the building permit apply for a ri:fund ~f the ¥,'ater and,'~r S~'er S~ stems hnpact l:~. I. ~e application l~r rclhnd shall ~ filed with ~e Co~ty Administrator a~roved by thc County Administrator. and shall contain t~ following: ia} A sx~o~ statement rcpremnting that the inlb~ation contained on the application liar rel~md is true and co~c~l: (b} Thc name and address of the applicant: {c} Thc exact location oF the pro.fly ~'hich ~'as the subject of Ibc building ~nnit: (d) 1 he date thc Water ancot Sewer Syslems impel F~s was paid: {e} A cops' of thc receipt of payment for the Water ancot Sewer Systems Impact Fees or such other recoM ~ would i~icate ~'ment of such fees: and {~ The dale the building ~it x~as issu~ t~ building ~rmit number. and the dale of expiralion. 2. Alice x'eril3'Jng that the building ~it h~ expired and Ihat the const~ction has not ~en commenced under the subject building ~il. the County Administrator shall cause a refund of the subjecl Water andtor ~ Sy~ lm~t 3. A building pe~il which is su~ntly i~ previously the subject ora rotund shall pa)' t~ lhen applicable Water anchor Sewer Systems Impact i'ces as required by Section 2.01. Section ~.03. Use of 3loney~. A. ~e BoaM hereby conlirms the establishment orate t~t ~ounts for lhe Water anti'or Sewer Systems Impact Fees. ~hich shall contin~ to ~ mainmin~ ~e~mte and apa~ from all other accounts of the County. All such Water ~or S~ Systems Impact Fees shall de.sited into such trust accounts immediately u~n ~eipt. B. ~ mones's de.sited into the Water an~or ~ Sy~ems lm~t Fee trust accounts shall ~ u~d ~lely I~r the pu~< of providing grox~lh ~essimt~ capitol improvements and additions to the Regional Water anWor Regional S~'er Ssstems. iml~ing, but not limited to: I. Design or construction plan pre.ration: 2. Perilling and l~cs; 3. Land acquisilion, including any cosB of~quisition or corMemnation: 4. Const~ction and design of Regio~ Wa~ ~or ~ Systems buildings, facilities or improvements and additions thereto: ~. Design and conslruction of drainage facilities ~nably required by. or convenient to. the conslrucli~n of Regional Water anWor Regio~l Sewer Systems buildings. facilities or improvements and additio~ thoro: 6. Reh<ating utilities required by the const~tion of Regio~l Water ancot Regional Sewer Systems buildings, faciliti~ or impmv~ ~d ~ditions Ih~to: 19 7. I.:~ndscaping. incident to or rea.,~nably necessitated by. the expansion o1' the F',egional Water and;or Regional Sewer Systems: ~. Construction manat~ement, inspection, or bo~h; 9. Sun'eying..soils and material testing, and the e,,'nluation and development of raw ~'ater resources and supplies: ! O. Acquisition of plant or equipment necessary or conYenient to expand the Regional Water and~or Regional .Sewer Systems: I !. Repayment of moneys borrowed from any budgetary fund of the County. including moneys I~rrowed subsequent to the adoption of this Ordinance or any predecessor(s) in function, which were t,sed to fund growth impacted improvements and additions to the Regional Water uud/or Regional Sewer Systems ns herein provided: I 2. Payment of principal and interest, reserves and costs of issuance under any bonds or other indebtedness issued by the County or District to fund growth imp:~cted impn~vements, and additions to the Regional Water and/or Regional Sex,,cr .Systems: ~md 13. Reimbursement of excess "Developer Contribulion Credits" pursuant to Section 3.06: and 14. 'In the extent provided by law. reimbursement or refund of costs incurred by the Count)' in the preparation of the Impact Fe~ Study ~opted pursuant tn Section 1.04 and any amendments or supplements adopled pursuant to Section 3.08. and any other administrative c~sts incurred by the County. C, Funds on deposit in thc \V,qter and/or Sewer Systems Impact Fees Trust Accounts shall not be used for an)' expenditure that would ~, classified as murine maintenance, operation or repair expenses. i). The moneys deposited into the Water and/or Sewer Systems Impact Fee~ trust accounts shall be used solely to provide improvements and additions to the Regional Water and/or Regional Sewer Systems required by growth, generated by Water and/or Sewer Systems Impact Development. and including, but not limited to. expected growth addressed in the master plans listed in Section 1.05 o£ this ()rdinance. E. Any funds on deposit ~hich are not immediately neces~ry for expenditure shall be invested by the Count)'. All income deriv~ from such investments shall be deposited in the Water and/or Sewer Systems Impact Fees 'l'mst Accounts and be u~xl as provided herein. 'lo the extent permitted by law, any' interest accrued on Impact Fee~ ~'hieh is not needed for improvements and additions to the Regional Water and/or Regional Sewer Systems ma)', at the discretion of the Board, be used to fund waivers or deferrals of Impact Fees pur~mnt to Section 3.04 of this Ordinance. In addition, to th.: extent permitted by law, any accrued interest on impact Fees which is not needed for improvements and additions to the Regional Water and/or Regional Sewer Systems ma)'. at the discretion of the Board, be used to fund waivers of Regional Water and/or Regional Sewer Impact Fees if the Board makes the following findings by resolution: ..7. 2 c 7 I. 'l'hc entity requc.~ting a ~vaivcr is a not-for-profit corporation or business, or charilable organization: 2. The entity provides sen'ices to Iow income or very Iow income citizens of Collier County at reasonable ralcs: 3, ]'he County docs not provide such sen'ices; 4. The provision of ser¥iccs provides substantial benefits to the citizens or Collier Count)'. 5. Sufl~cicnt l'unds in tile Impact Fee Accounts then exist to fund those waivers; 6. Funding for thc waiver will only be used from the fund for which the waiver is granted: and/or 7. ]'he entity is a child care or similar support facility which is included in the original site development plans of an affordable housing project and which project has qualified for an aflbrdable housing waiver or deferral. The Resolution adopted by the l]oard in the specific case shall state such findings and authorize the payment, in ~hole or in pa~l. of the Regional Water and/or Regional .'qewer Impact Fees. F. An)' per~m who is tile current ()x~ner of the property on behalfof~hich Impact Fees were paid. pursuant to Collier ('ot,nty Ordinance No. 86-66. as amended by Collier County Ordinance No. 87-45 and/or Collier County Ordinance No. 88-3. or their successors in functions, and was issued a certificate of occupancy Ihereunder for a building, slructure, or alteration prior to December 31. 1997. shall be eligible for a refund upon submitling to the County a timely petition for refund, if the building, structure or alteration either was not authorized to connect to the Regional Water and/or Regional Sewer Systems by December 3 I. 1997. or if the County docs not have an approved plan for connection of the building, slrUClUre or alteration 1o thc Regional Water and/or Regional Sewer Systems by December 3 l, 1997. Refunds due under Ihese circumstances shall be made only in accordance with the following procedure: I. The then current Owner shall petition the Board for the refund prior to the end of the fiscal year immediately following the end of the County's fiscal year in ~vhich the date December 31, 1997 falls. 2. 3'he petition for refund shall be submitted to the Courtly Administrator on a form approved by the Count), Administrator. and shall contain: (a) A sworn statement Ihal the petitioner is the Ihco current Owner of Ibc property on behalf of which the Impact Fee charges were paid: (b) A copy of the dated receipt issued for payment of such charges or such other record as would prove payment of such charges; (c) A certified copy of the latest recorded deed or other instruments evidencing title: a representation that thc most recent recorded deed or other instruments reflect or other,,vise describe or refer to the exact nam~ of all current legal owners; a representation that the petitioner will notify the County of any change 21 12C7 al:Il and thc staws of legal ownership which occurs prior to receipt of any refund from the County: (d) A copy of the then most recent ad valorem lax bill. 3. Within ninct.~ fg0l days from the date &receipt of such a petition for refund, thc County Administrator will advise the petitioner and the Board of the status of the hnpact Fees requested Ibr refund, and if such charges have not been expended or encumbered within the applicable time period, then .same shall be returned to the petitioner. For the purposes oflhis Section F. impact fees collected shall be deemed to be spent or encumbered on the basis of the first fee in shall be the first fee out. G. Impact Fees collected pursuant to Ordinance No. 90-g6 and No. 90-87. as amended, or this Ordinance shall be returned to the then current Owner of the properly on behalf of which such fee was paid. if the building, structure or alteration either was nol authorized to connect to the Regional Water and/or Regional .";ewer Systems by Ihe end of the twelve ( 12} month period immediately following the ~venth anniversary of the date upon which such l~es were paid. If the Count), has a current approved plan for connection of the building, stn,cture or alteration to the Regional Water and/or Regional Sewer Systems. no impacl fees shall be refunded. Current Owner shall be eligible for a refund if the refund of such fees will not adversely impact the cash flow or liquidity of the waler and/or ~wer systems impact fee trust accounts and upon submitting to the Count.,,' a timely petition for refund. Refunds due under these circumstances shall be made only in accordance with the following procedure: I. The then current Owner shall petition the Board for Ihe refund prior to Ihe end of the twelve (12) month period immediately following I1~ seventh anniversary &the date of the payment of the Water and/or Sewer Systems Impact Fees occurs. Z. The petition lbr refund shall Ix. submitted to t~ County Administrator on a Ibrm approved by the County Administrator. and shall contain: (a) A sworn statement that the petitioner is Ihe then current legal Owner of the property on behalf of which the Impact Fees were paid; (h) A cop)' &the dated receipt issued for payment of such fees or such other record as proves payment of such fees; (el A certified cop3,, of the latest recorded deed or other instruments evidencing title; a representation that the most recent recorded deed or o~her instruments evidencing title rellec! or otherwise describe or refer to the exact names of all current legal o~vners: a representation that the petitioner will notify the County of any change and the status of legal ownership which occurs prior to receipt ofany refund from the County; (d) A copy of the most recent ad valorem lax bill. 3. Within ninety ¢90) days from the date ofreceipl ora petition for refund, and if such impact fee refund ,.viii not adversely impact the cash flow or liquidity of the water and sewer system impact fee trust account, then it shall be retumcd to the petitioner. For thc 22 1 purposes of ibis Section G. impact fees collected shall be deemed to be spent or encumbered on the basis ol'tbe first fee in shall be the flint fee out. !!. ]'he fact that an Owner receives a refund does nol excuse the properly from la:er being subjected to payment of the then applicable impact fees under Ibis Ordinance upon otherwise being characterized as Water and'or Sewer Systems Impact Development. I. Any ox~ncr entitled to .~ refund who fails to timely petition fi)r a retired upon becoming eligible lo do so shall be deemed to have waived any claim for a refund, and the County shall be entitled to retain and apply such impact fees for growth necessitated capital improvements and/or additions to the Regional Water and/or Regional Sewer Systems. Section 2.04. Alternative Fee Calculation. A. In the event an applicant or oxvncr believes that the impact to the Regional Water and/or Regional Sewer Systems necessitated by thc Water and/or Sewer Systems Impact l)cvelopmcnt is less than tile impact established in Sccti,n 2.01. such Applicant or O',~,'ner may submit a calcul:~tion ofan Alternative Water andh~r Sewer Systems Impact Fees to thc Office of the Count>. Administrator pursuant ~- ~hc provisions of d/is Section. B. In the case of ney,' construction, an)' right to submit an Alternative Water and/or Sewer .";3'stems Impact Fees shall be deemed to have been waived, expired, and such calculations shall be rejected by the Count.',' if not properly and timely made prior to the issuance ora Building Permit for the respeclJve construction. C. In the case of then existing buildings, structures or applicable improvements ~.'hich are ~equired to connect to the Regional Water and&~r Regional Sewer Systems. any right m snbmit an Ahcrnative Water and/or Sewer Systems Impact Fees shall be deemed to have been waived, expired, and such calculations shall be rejected by the County if within thirty (30} calendar days from the effective date of sen'ice of a "Notice of Impact Fees Statement" under Section 3.05 hereof, the Owner does not notify the Office of the County Administrator in writing of his intention to submit an Alternative Water and/or Sewer Systems Impact Fees calculations. Any Owner who. under such circumstances, properly n,~tifies the Office of the County Administrator of his intention to submit an Alternative Water and/or ',;cx,.er S> stems Impact !:ecs calculathms shall submit the Alternative Water and/or Sewer Systems hnpact Fees calculation and AItcmati,,'e Water and/or Sewer Systems Impact Fees within one hundred txvcnty ¢ 120} days of senice ora "Notice of impact Fees Statement" under Section 3.05 hereof, or any right to submit an Alternative Water and;or Sewer Systems Impact Fees shall be deemed Io have been ~aived. expired and such calculations shall be rejected by the County. D. Upon timely submission of an Alternative Water and/or Sewer Systems Impact Fees calculations, the basis therefore and receipt of the Alternative Water and/or Sewer Systems Impact Fees. thc County Administrator shall schedule a hearing before the Board at a regularly scheduled meeting or :n ~, special meeting called fi~r thc purpose of reviewing the Alternative Water and/or Sewer Systems h~pact Fees and shall provide the petitioner written notice of the time and place of the hearing. Such hearing should be held within mnety ¢90) days of the date the Alternative Water and/or Sewer Systems Impact Fees were submitted. 23 E. '1 he Alternative Water and'or Scx~er Systems Impact Fees calculations shall be based on data. information or assumplions contaiued in this Ordinance. the master plans referenced in Section I.O5 of this Ordinance. as then amended, or an Alternative Water and/or .e,~wer Systems Impact Fees Study ha.ced upon an independent source provided tile independent source is a local stud)' supporlcd by a data base adequate for tile conclusions conlaincd in such sludy, performed according to a generally accepted methodology and ba~'d upon gener;,lly accepted standard .~urces of inlk~rmation relating 1o facilities planning, cost anal.~ sis and dcm~graphics, lhe independent .,~}urce must provide c.mpetcnt substantial evidence that the :\hematite Water and.'~r Se,,,,'er Systems Impact Fees represents an equitable pro rata .~harc of the cost of capital impr~vemcnts and additions to the Regional Walcr and/or Sewer Systems necessitated by the subject Water andq~r Sewer Systems Impact L)~zvelopment. F. If during a prior Alternative Fee Calculations process an acceptable Alternative Water and/or Se~¥er Systems Impact Fees Study suhstanlially consistent with Iht crileria required by this Section has been accepted by tile Board. and if such stud.~' is determined by the .qoard to he then current and applicable. Ihe Regional \t.'ater and ,,r Regional Sewer S)'stems impact of such previously approved Water and'or Sex~cr Systems hnpact De\ clopmenl shall be presumed to be as described in tire prior study, in such circumstances, an Alternative Water and/or Sewer Syslems Impacl Fees shall be established reflecting the impact described in the prior study. There shall be a refutable presumption that such an impact stud)' based upon an independent source conducted and accepled b)' the Board more than two years earlier is invalid. (;. If the Board determines that Iht data. information and assumptions utilized by the Applicant to calculate the Alternative Water and~.or Sewer Systems Impact Fees complies with the reqt, iremcnts of this Section and that thc Alternalive Water and/or Sewer Systems Impact }:ecs were calculated by the use of a generally accepted methodology, then the Alternative Water and/or Sewer Systems Impact Fees shall be paid in lieu of the impacl fee set forlh in Section 2.OI. il. Iflhe Board determines that the data. information and assumptions utilized by the Applicant ti) calculate the Alternative Water and/or Se~'er Systems Impact Fe~ does not comply with the requirements oD'this Section. or is ~)lhen¥ise not equitable, or that the Alternative Water and/or Sewer S)'stems Impact I:ees were nol calculated by Ihe use of a generally accepted methodology, lhen the ('ounly shall mail to ibc Applicant by certilied mail. return receipt requested, written notification of thc rejection of the Alternative Water and,'or Sewer Systems Impact Fe~ stating the reason therefor. I. Al the sole discretion of the Board. the alternative impact fet~ review hearing may be adjourned or continued for up to thin), (30} days to cause further ~tudy or semliny of any proposed Alternative Water and/or Sewer Systems Impact Fees or Alternative Water and/or Sev'er Systems [mpact Fees Stud)' by either Count3' staff'or ot, tside consultanls. The final decision of the Board shall be in.X~Titing and should be issued ~'ithin thirty {30) calendar days of the review hearing. .I. Any Applicant or ()x~'ner ~bo submits a proposed Alternative Water and/or Sewer Systems {mpacl Fees pursuant to this Section and desires immediate issuance ora Building Permit. shall pay prior to or at the time. the applicable Water and/or Sewer Systems Impact Fees pursuant to Section 2.01. Said payments shall be deemed to be paid under "Protest" and shall not be construed as a waiver of any right of review. Any difference between the amount paid and the amount due. as determined by Board. shall be refunded to the ..\pplicam or ()~ner within 90 da~'s of thc Board's final decision thcre~m. MISCEI.LANEOUS PROVISIONS Seclion 3.01. £xemption~. A. the follox~ing shall be exempted from payment of impact Fees: I. Alterations or expansion of then existing building, structure or improvement where no additional demand on thc Regional Water and/or Regional Sewer Systems is or will be created by ~uch ;filcr;~lions or expansions. 2. 'Ibc consm~cd,m ol'acccssory buildings, structures or improvements which will not create an additional demand on either the Regional Water and/or Regional Sewer Systems or any interim treatment systems. 3. 'I he replacement of then existing building, structure or improvement ~,.hich has previously been subjected to an impact fees payable to the ('ounty ;tod where no additional demand is or ~ill be created by that replacement on either the Regional Water and'or Regional Sex~cr .'4ystems or an)' interim treatment systems. 4. Buildings. structures, or improvements, either then existing or which then have been issued a Building Permit for which construction is proceeding in good faith, previously sen'ed by a utility semice provider other than the County. provided that at the time the Count.,,' formally resolves to acquire that mility, the Board expressly declares its intention to operate said utility as a component of the Regional Water and/or Regional Sewer Systems. $. Absent an express wriucn agreement or site specific land development regulation to thc contrao', buildings, structures, or improvements, either then existing or which have then been issued a Building Permit for which construction is then proceeding in good faith, previously served by the City of Naple~ where the County and the City of Naples have then reconligured sen'ice and/or ~-rviee Section 3.02. Changes of Size and Use. A. Impact fees shall be imposed and calculated for the alteration, expansion or replacement of Water and/or Sewer Systems Impact l)evclopment ~'hich will rest, It in a land usc determined 1,5' Cot, nty .";taft to create an additional demand on either the Regional Water and/or Regional Sewer Systems or any interim treatment systems. Wbenever any person applies for a Building Permit to alter, expand or replace a building, structure or applicable improvement of Water m~l/or Sewer Systems Impact Development land. even though the subject lands may receive interim water and/or sewer services from a source other than the Collier County Water-Sewer District. the Impact Fees imposed shall be calculated on the entirety of thc land~ subject to the Building Permit. Where the alteration, expansion or replacement occurs on lands Ibr which a Water and/or Sewer Systems Impact Fees have then already been paid. the Impact Fees iml~sed shall be only upon the additional demand created by such alteration. 2~ expansion or replacement. No r~:l't~nd or credit shall be aITon;It, d an Owner or applicant ill tile event that a diminution of use occurs. Section 3.03. interesl to be Paid on Certain Refunds. A. Mone.', s refunded in :,ccordance x~ ith Sub.~.'etions F and fi of Seclion 2.05 of this Ordinance shall be paid xxith interest, lnteresl paid pursuant Io this Subsection shall be paid at .'in interest tale of seven percent f7%) with simple interest. Except as provided for in the Section. no interest shall be paid upon the return of Water and'or Sewer Systems Impact Fees. Section 3.04. Affordable Ilousing. A, Pursuant to the guidelines established in this Section and Section 3.041 of this Ordinance. the County shall xYaive or del~:r, as applic;:hle, the payment of the Regional Water .:.lnd/t~r Region;~l Sewer Impact Fees Ibr any new oxxner occupied or rental Water and/or Sewer Systems Impact Development that qualifies as "Aflbrdahle I lousing" under Section 3.041 of this Ordinance. Adminislration of the provisions set forth in Section .~.04 and Section 3.{}41 shall be the reslx~nsibility of the I Iousing L/than Improvement Department or its successor. !. Any person <eking an Al'l~rdable I lousing waiver or deferral lbr proposed Waler and/or Sewer Systems hnpact Development shall file x,,'ith the C'ounty Administrator an Application fi~r x~aixer or deferrid prior lo receivint~ a Building Permit for snch proposed Water and/or SexYer Systems Impact Development. 1'be ApplJcalion for waiver or deferral must conlain the following: (a) The name and address of the owner: (b) The legal description of the property upon which the Water and/or Sewer Systems Impact Development shall be constructed: (c} The income level of the Oyster or. if the Owner is a builder, tile income level ~l'lbe household to which Ihe dwelling unit will be .cold or rented: (dj The number of bedrooms in each d~¥elling unit of'the Waler and/or Sewer S.x'stems Impact I)evelopmenl. 2. If the proposed Water and/or Sewer Syslems Irnpacl Development meets the requirements fbr an Affordable ltousing waiver {or deferral)as set forth in this Section. then thc Counly Administrator shall issue an Impact Fees waiver or deferral, as applicable, lo the Owner or applicant. The Impact Fees waiver or deferral shall be presented in lieu of pa)'menl of the Impact Fees pursuant to Seclion 2.O1. B. To qualify for an Impact Fees waiver or deferral, an owner occupied dwelling unit must meet ali of the lbllowing criteria: I. The ownerfs) or anticipated owners of the dwelling unit must have a very Iow. Iow. or moderate income level, at the time of issuance of the Impact Fees waiver or deferral, as those terms are delined in Section 3.041. and the monthly payment to purchase tile unit must be within the Affordable l lousing guidelines established in Section 3.041. /x Dwelling ! !nil shall quali$' as being owner occupied ifa lease-purcha.~ agreement is in effect at the date of issuance of the Regional 'sVater and/or Regional Sewer Impact Fees 26 1 2C7 I waiver or defem, I. or within thirty (30} days thereafter, and a'ilhin Iwenly-four (24) months from the date of issuance of the certificate of occupancy or Ihe execution of the lease-purchase agreemenl. ~hichever is later, thc option to purchase is exercised and the purchaser takes oxvnership of the Dwelling [ :nit. lflhe purchaser f;,ils to purchase tile i)~velling [;nit ~ithin the twenty-I~ur {24) month period, then the waived or deferred Impact Fees must he immediately repaid unless the I)welling []nit is sold lo anolher qualit3'ing ()Whet xx'ithin thirty (30) days thereafter. 2. The Owner. or if there is more than one Il.} ¢)x~ ncr. one (I } o f the O~¥ncrs. must be a first-time home buyer. To qualify as a first-time home buyer, the ()xx'ner must not have had an ox~ership interest in hitcher primaD, residence in tile past three {3} years. 3. lhe Dxxelling Unit must he the homestead ofthe Ox,,ner~sL 4. The l)x~'elling I ;nit must remain Affi~rdable I lousing fi~r fifteen ¢ 15 ) years fronl tile date a cerlillcate ~ffoccupancy is issued fi}r the Dwelling Unit: othenvise tile Regional Water and'or Regional Server Impact Fees must be repaid lo Ihe LT~unty with simple interest at lhe rate of six percent {6%,1 per annum calculated from tile dale Ihe Building Permit was issued. C. To qualil)' fi}r an hnpact Fees Deferral. a Dwelling Unit offered for rent musl meet ;dl of Ihe following crileria: 1. The household renting the Dwellint! Unit must have a yeD, l~' or Iow income level, al the commencement of the lea<hold and the entire duralion thereof, as those terms are defined in Section 3J'M I. and the amount of rent must be within tile Affordable }lousing guidelines established in Seclion 3.041. ~. ]'he Dwelling Unit must be Iht household's permanent residence. D. All Impact Fees deferred for owner-occupied Dwelling Unils at Ibc lime the Building Permit was issued shall become due and payable and shall be immediately repaid to the County upon the sale oflhe D~¥elling Unit to a non-qualified purchaser: provided, however, il' tile impact Fees det~rral was paid with State l tnusing Initiatives Partnership (SIIIP) Program funds, repayment will be made to the Collier County affordable housing Irust fund. l:or purposes o£this Seclion ..;.04. a non-qualified purchaser is a person who does not .~tisf~' the Affordable I lousing crileria set forth in subsection B. above, or a person ~'ho doe~ not agree Io the terms of the waiver or deferral of impact fees agreement. £. The Impact Fees deferred for rental Dwelling Unils at Ihe time lhe Building Permit was issued shall become due and shall he immediately repaid to the County upon the discontinuance of use ofthe DxYelling Unit as Affordable Iiousing. or fifteen {l.~} yea~ from the d;,te of issuance of the certificate of occupancy, whichever occurs first. F. Any Regional Water and/or Regional Sewer Impact Fees ~aived for an owner-occupied Dwelling Unit at the time a Building Permit i~uea shall b~om~ due and payable and shall be immediately repaid to the Counl¥ if ibc Dwelling Unit ia sold or transferred to a non-qualified purchaser during the fifteen (I.~) 3'ear period after the certificate ofoecupancy is issued for the I)v, clling Unit. If the Impact Fees ,`xaiver was paid with Slate Ih)using Initiatives Partnership (SI liP) Program funds, repayment ,`,`'ill he made to the Collier Courtly affordable housing Irust fund. If the Dwelling Unit is u~'d as Affordable I iousing in compliance with Section 3,04 of this Ordinance Ibr fi fteen (l 5) years after the date the certificate of occupancy is issued for tile Dwelling Unit. thc Impact I:¢es are no longer due and the lien on the Dwelling Unit shall be released. G. The percentage of the total Regional Water and/or Regional Server hnpact I:ecs which shall he wai,`'ed or deferred pursu:mt to this Suction fi~r an owner-occupied or renlal Affordable llousing Dwelling Unit shall be file percentage set Ibrth in S~.x:tion 3.041. The hnp;~ct Fees v, aived or deferred shall be a lien on such property until all requirements under this Section have been satislied. The lien shall terminate upon thc recording ora rclea~ or satislhction of lien in the public records of Collier Cimnty. In tile ease ora waiver, such release or safisfi~ction shall be filed fifteen years after the issuance of the cenificate ofoccupancy provided ()x~ ncr ;,cted ill compliance ~vhh the agreement ~r upem repaymenl, in the case ofa deli2rral, such release shall be recorded upon repa.vmenl. II. !. :\nnually. lite ()~vner of a rental Dwelling {!nit shall provide to the Counl.v ^dminislmtor an affidavit of compliance with the criteria ~t forth in this Section. An affidavit must be filed within thirty (30) days of the anniver.,ary date oflhe issuance of the respeclive certificate of occupancy. If the income of any unit renter which originally qualified as ,,'eD' Iow or lox,,-income level as defined in Seclion 3.041 exceeds the Affordable I lousing benefit standards .ret forth in Section 3.041 by more than flirty percent I40%1. Ihen the del;.:rred Impact Fees calculated from the date tile Building Permit was issued shall become immediately due and payable by Ihe Owner or. in the alternative, tile Owner shall have ninety {9OI da.vs to comply with the Affordable ] lousing standards set forth in Section 3.041. l. If the household income of the qualified owner..oceupied Dwelling Unit rises above the benefit standards ]hr waivers and deferrals .~t forth in Section 3.04 I. {he (.)v, ner shall maintain the ,`vaiver and/or deferral. Notwilhstanding the lbregoing, all outst:mding Impact Fees waived or del~2rred shall be repaid in full upon sale or transli:r of the Dwelling Unit to a non-qualified purchaser, except for waived Impact Fees ,`,`'here the Owner has complied x'.'ilh the Affordable ]lousing criteria set forth Jrt this Section 3.04 and Section 3.041 of this Ordinance for fifteen (15))'mrs after issuance of the respeclive certificate of occupancy. i. The Owner receiving an Impact Fees v,'aiver or deferral shall enter into an impact fees agreement with the County. which agreement shall provide Ibr. at a mini,num, the fi)llo,,ving anti shall further include such additional provisions, ifany, deemed nccessary by the Board to effectuate the provisions of this Seclion: 1. The legal description of the Dwelling Unit. 28 Fr ?.C7 2. Where an Impact Fees waiver or del'erral is gixcn to an ()'~.ner ~h,* x~ ill ~lling or renting Ibc l)x~ellin~ t 'nil ~o a sub~quenl pu~hascr or remcr. Ibc Water ancot Sewer Syslems Impacl I)evelopment must ~ mid or renlc~ io households mecdng criteria ~1 Ib~h in lhis Section in order to maintain Ihe svaiver or defe~al. Impacl Fees waiver or dclZ'~al paid fi~r xvi~h Sta~e l lousing lniliatixes I'annership fSI IIIq l'mgmm t~nds will only ~ granted directly to buyers mt~ing Section 3.041 qualilicafions and approval prior l~ I~uilding Permit issuance. A i)x~elling Unit shall tlualil~· as ox~ ncr-occupied ifa lease-purchase agreement is in efl~ct at Iht dale of issuance Impact Fees waiver or dclkrral t~r x~ithin tbiay 130) days Ihercaficr. and within tx~'cnty-lbur 124 ) months from thc date of iss~nce of thc cc~ificalc ~1' occupancy, or thc exccuti~m of thc lca~- purchmse agr~mcnl. ~shichever is later, thc opli~n to purcba~ is exercised and the purchaser takes ownership of the I)~clling Unit. If ibc purchaser fails m purchase the Dwelling Unit within the t~senty-four ~24~ m~mfi~ ~riod. then thc waived or delZ'~cd Impact Fees plus simple interest al the rote of six ~rccm t6%) per annum calculated from thc date the Building l'cm~it x~as issued will ~. required I~ be repaid immediately unless the I)svclling Unit is ~ld to another qualifying Owner. 3. For owner-occupied Dwelling Units. the amount of Impact Fees dcl~'~ed shall be repaid to the Count.',' u~n the ~le or t~sfer to a ~n~lifi~ purcha~.r. If Impact Fees were paid with State l lousing Initiatix~ P~n~hip fSlliP) Program I~nds. repayment will ~ made to the Collier County affordable housing trust fund. For rental units, the Impact Fees dcl~mcd shall ~ repaid u~n Ihe discontinuance of usc off thc Dwelling l~nit as Al'fi~Mable I lousing, or lifie~ fl 5~ yea~ from the issuance ora certificate of~cupancy, whichever occurs tint. 4. For ox~er~ccupied Dwelling Units where lm~t F~ a~ ~fived. the Dwelling I 'nit must ~ utilixed by the original qualifying ()~. or ~uent q~lifying purchase, Affordable Housing in compliance with S~tion 3.~ and Section 3.041 of this Ordin ,'~cc Ibr afi fiecn I 15) year period after the cent ficate of ~cupancy is issued and. il' thc D~selling Unit is sold to a non-qualifying purch~r, the Impact Fees shall ~ repaid to the County. If Impact Fees were paid with .State llousing Initiatives Panncrship fSI liP) Program funds, repayment must ~ made to the Collier County aflbrdable housing trust fund. ~. The deleted ~or waived Impact F~s s~ll ~ a lien on the pro~fly which lien may ~ foreclosed u~n in the event ofnon4omplia~e ~s~th the ~quirements of the ag~ement. The agreement de,rind herein shall o~rale ~s a lien against the Dwelling Unit. 6. Annually. the Owner of a rental Dwelling Unit shall provide to the County Administrator an affidavit of compliance with the criteria ~t fi~nh in this Secti~m. An a~davit must ~ tiled within thirty (30) days of the ~niv~D, date of the issuance the ~s~ctive ceflificate of~cupancy. Ifl~ i~ of any unit renter which originally 2 2C7 II qualified as vcD' Iow or lo'.x' income level as defined in St~:lion 3.041 exceeds thc Affordable I lousing benclit standards set fi,r~h in Section 3.041 b~ mt,re than tk~rt.v percent ~40°';,}. then tl~e deft:fred Impact Fees shall become immcdiatel.v due and pa.vahlc h.v the ¢)xxner (,r. in thc alternative, tile Oxxner shall ha~c nine/:.' (~)0) days to comply xvith the :\ll'~rdable I lousing standards ~t fi~rth in Section 3.041. 7. i 'pon sazisl'aclc,D' completion of the agreement rcquiremems. Ibc C(mmy shall record any necessaD' documentation ex idencing ~me. including, but nol limiled to. a rclea.~ lien. 8. In thc c;cm tile ()~xncr is in default under this agreement, and Ibc defauh is not cured within thirly ~ 30) da.~s after xYrittcn notice is provided to the ( )~ n,.'r or su~.'h extensions thereof applied for by the applicant and granted by Staff: the B~)ard may bring a civil action to enforce the agreement. The Board shall bt.. entitled to recover all fi:es and costs. including attorney's fi:es and costs, including apprai~ls, incurred by the Board in enl~,rcing this agreement, plus interest at the slatutory rate fi)r it, dgments calculated on a calendar day basis until paid. 9. Thc agreemen! shall b,.- binding upon the O'.vner's successors and assigns. 10. 'I he agreement shall be recorded in thc Official Records nf Collier C()unt.v at no cost to the (.'OllHI.V. · [. The amount of Impact Fees x,,aiver and deferral ~ranted pursuant to this Scction shall be limited, in total, to the amount appropriated by the Board of County ('ommissioners at its public hearing regarding the adoption of the respective annual County budget and the amount allocated to Impact Fees v,'ai'.'er and deferral in the Collier Count~' } lousing Assistance Plan. as established by Collier County Ordinance No. 03-19. as then amended, or its successor in function. Impact [:ecs '.vaivcr and deferral pursuant to this Section began in the 1993-94 fiscal .vear or earlier upon receipt of State llousing Initiatives Partnership {SI liP} Program funds. All Impact Fees waived or deft:fred shall be paid by thc Board into Ihe ~,,'ater angor .~wcr s:,'stems impact fees trust accounts '.,,ithin seven (7})'ears from the date of thc au. ard ofa ,.,,'aiver and/or deferral as provided herein, but in no event later than the time such amount is needed for a project funded by thom Impact Fees waived or deferred. The Board shall pay into the Water and/or Sev,'er Systems Impact Fees Trust Accounts such amounts equal to any hnpact Fees previously waived or deferred by the Board or previousl)' exempted, or reimbursed by the Board v, ithin se'.'en (7) .','cars from thc date of such waivers, deferrals, exemptions or reimbursements. but in no event later than the time such amounts are needed for a projec! fimded by tho~ Impact Fees wai'.'ed, deferred, exempted or reimbursed. Waivers and deferrals shall be issued in the order that completed qualifying applications are received b.v the Count.',' Administrator. At least forty percent {40%) of the amount budgeted fi~r [mpact Fees %~aiver and/or deferral must be utilized to fund Impact Fees waiver and/or deferral for single famil.'.' o,,vner-occupied I)xYelling Units sec'ins ,.-cD' lox'.' and/or Iow income levels. K. An)' changes or am~:ndments to Section 3.041 or the minimum funding requirements adopted in this Section must occur as an Ordinance amendment at a public hearing of Ibc Board of Count)' Commissione~ ~ccurring alier 5:00 p.m. lo. No Al'fordable I lousing xxaivers or deferrals shall be grarltc~J for a ~,~.';,ter :.md'or Server .N)'stcms Impact Dcxclopnltmt projecl ~,,,hich consists of mobile homels}. .Xl. Although this Section is aimed at addressing new x,~,'atcr and or Sc~cr Si'stems Impact Deveh~pmcnt v, hich is characteri/:ed as 't~,ffordable" herein, the Board shall have the discretion. but not an)' obligation, to consider the grant requests for waiver or deferral for then existing Dx,.'elling Units x~'hich arc characterized as '~'atcr and/or Se,,ver Si'stems Impact l)evelopment. provided such housing otherwise meets Ibc requirements of this S~.<tion and tile Board determines funds are then axailable to grant such a request. An)' such request shall no! be considered by the Board il' not made within 180 days ofconncction of the I)x,,'elling Units to thc Regional '~t,'ater and or Regional Scx,.cr .rqystcms. The applicanl musl CSlablish that said time frame has been adhered N. Not~'ithstanding an)' provisions else~vhere in this Ordinance to the con[taD., an)' f)',~,ncr that develops an Affordable I lousing rental aparlmenl complex consisting in whole or pail of D,,,,elling L'nits set'ring ','er).' lox,,' and'or lo,.,,, income levels, and meeting all rt:quirements, and st,bject to all conditions of Section 3.04 and Seclion 3.{MI shall be entitled to dcl~:r one hundred percent { 100%1 of the Impact i:ees applicable only to such rental i)~,'elling I Jabs serving very Io~,,' and or lox,.' income levels ii': ii) all such deferred lmpacl I:ees are paid on or beft~re tile end of six {61 )'ears from tile date such Impact Fees are deferred: and {ii) tile rental apartmenl development remains "tXffnrdable l lousing" qualified under Section 3.04 and Section 3.041 of this Ordinance tbra minimum of Ii fteen { 15) years. O. The Board in its discretion ma)' agree by Resolution to subordinate its lien for Impact Fees to a primaO' lender and'tlr government funded affordable housing loan such as SAIl. or I ION.II{ loan. if O,.,,ner can demonslrate that a subordination is necessaD, to obtain financing and. in the case of rental D~,,,elling Unils. if Owner provides additional security mtisfactory, to the County. such as additional or substitute collateral in the fbrm of cash or cash equivalent financial instrumenls ',',hich ',,,'ill )'icld Ihe full amount of Ibc deferred impact l;:es at expiration of the period of the deferral. Section 3.041. Affordable II~u.,,ing I.)efiniti0n~, Benefits, Standardn and Limitati~m~. A. ']"he following sets fi~rth thc applicable definitions and benefit standards fi~r Affordable [lo, using Dx,,'elling [.'nits for the purTn~se ol'dctcrmining el{gib{lily for Impact Fees ,,va{vets and dcfi:rrals herein referred to as "benefits." i. DIiFINITIONS OF ,\FFORDAI]LF. l iOUSING INCOME GROUPS. a} "Vet)' IoYv income families" means families u,'bose incomes do not exceed rift)' percent (50%i of the then median income for the area as determined by the Secretary of the U.S. I)eparlment of I lousing and Urban Development {area median incomeL 1zcT' h) "1.o~, income families" means families ~hose incomes arc more d~an ~rcent (StP,~) but do nol exceed sixty ~mcnl (6{~-&) ol'tl~ area median income determined by thc Secrcta~' of Ihe ILS. Department of l lousing and Urban I)cvclopment larea median incomel. c) "M~Mcrate inc~m~e families" means 13milles x~hosc incomes are more than sixty ~rccnt {60~,~ but do not exceed cighly ~'rccnt tg0%[ of thc area median income as determined by thc gccrctaD of thc I'S. l)cpa~menI of lhmsing and I ;rhan Development ~arca median incomcl. For a Dwelling L'ni~ to ~ dctc~incd to ~ "affi~rdable." Ih¢ monthly rent or monlhly mortgage ~yment. inclMing pm~ny taxes and insur~cc, shall not ~ in excess of lhin) ~rccnl {30%1 f~ili~ hou~hold income. In no instance shall rental limil~ cxc~d thc rcnlai limits established by Florida ltousing Finance Agency fi)r rent~ ad.iusted Ia ~'dr(mm size in pr(~iccls assisted under ~hc ,";All. l.oan Program. ~r d~e I.o~v Income l lousing Tax Credit Pr{)gmm. ba~,d on unit 2, BFNI~FIi N I'ANIL,~RI)N. a) Afl~rdaNe I lousing (~ner-occupicd Dwelling I;nits which exclusively vc~' Ioxx inc,)mc families and arc Ibc owner's homestead shall haxc one hundred ~rccnt (IOO%) of ~hc applicable Impacl I'ecs waivc~ pu~uanl to lhin Ordinance, b) Affi)rJablc Ih~using rental Dwelling Units ~hich exclusively scn'c veo' Iow income 13milies shall have one hundred ~,rcent { I OiE.al of~hc applicable lmpac~ Fccs dclbrred pursuant Io d~is Ordinance. cl Afl~)rdablc Ih)using (~ner-~cupicd I)x~clling Units ~hich exclusively Io~-inc~m~c I~mfilics and are Ibc ~)t~ner's homcslcM shall lave ri~iy ~'~cnt (5(~/~i of thc applicable Impacl [:ec~ ~aivcd and may have rift.,,' ~rcent (50%) of the applicable Impact Fees del~ed pursuant Ihi~ Ordinance. d) Aflbrdable I lousing rental Dwelling Uni~ t~hich exclusively ~n'e Iow income 13milles shall pay fifty ~'rcent {50%) of the applicable hnpacl Fees and shall have fifty ~rccnl {50%} nf {he applicable Impact Fees del~ed pu~uant lo this Ordinance. e} Al'l~)rdablc h()using o~ncr-occupicd Dwelling units ~hich exclusively serve moderate incom~ I~milies and are thc owner's M)mestead shall be required to pay ttYenly-live (25%) of the applicable Impact F~ ~ s~ll We ~venty- live ~'rcent { 75%} of the applicable Impact F~s deleted pursuant to this Ordinance. fi Water and/or Sewer Systems Impact Developer which meets the criteria set f~)~h in Section 3.04 when conslrucled by an Agency of Collier County or by an Inde~ndent (;(~vernmenlal Agency pu~uanl to an interl~al ag~mcnl with Collier Counl) and said construction is one hundred ~rcent {lO~fi) government funded shall have one htmdrcd ~'rccnt ( I OO%} of the Impact F~s for the construction waived pursuant to the terms of this ()Minance. 3. An amendment lo Ibis Section or Section 3.~! shall ~uire a public hearing of Ibc BoaM of County Commissioners occuning after 5:~ p.m. Section 3.05. Alternative ('ollccti~m 5lcthml. In the cvenl Ih¢ \\'atcr and/or Sewer Syslcms hnpacl J:ccs are nol paid prior m lilt issllallcc ora Building Pemfit or otherwise within ninety (90) days of the subjccl lands ~'c~mfing classilicd as "Water an~or Sewer Systems Impact Dcvch~pmcnC' the County shall proceed I. c~llcct Iht Water ancot Sewer Systems Impact Fees as A. The County shall scn'e, by hand dcliveg' or by ccrtilicd mail. rcmm receipt requested, a "Notice of Impac~ Fees ~Iatcmcnt" tl~)u Ibc Ox~ncr al thc address ap~aring on thc most recent mx roll maimaincd by Iht Properly Appraiser under const~ction. Ibc County shall also scrxc, b> ccrtilicd mail. rclurn receipt requested, a Nolicc of Impac~ [:cos Statement u~m the Applicant at the ~drt~ ~t fi~h in Iht application for Building I'crmil and also make a diligent ellb~ t~} all,loll a ct,p)' of lira "Notice of Impact [ecs Statement" ~o the Building Pc~it ~sled at Ibc altkctcd conslmclion site. Sen'ice shall ~ deemed eltkctivc ~m thc dine of hand deli~eO or thc date thc return receipt indicales the notice ~:t~ rccci~cd b~ either the Applicanl or Ibc (h~ncr. {~r. if thc Iluilding is then under c,,n~tmct~,,n. ~hc date said not/cc ~as attached m thc Iiuilding Pemfit. whichever (mcum first. the "N,mcc of hnpact I"ec~ Statement" should contain a rca~mahlc legal description of Ibc pm~n)- and should advise: I. '[he amount of money that is then due and the general pu~sc Ibr which the Waler and/or Sewer Systems Impact Fees w~ 2. A hearing pursuant lo Scclion 3.07 may ~ requested ~¥ilhin Ihifly (3(I) calendar days f?om ~hc ellkctive date of service of the Notice of hnpact Fees Statement by making application ~() ~he Office of the Counly Administrator. 3. In the case of then exisling Buildings. slmclu~ or applicable improvements which am Ihcn required Io connect to lhe Regional Water and'or Regional Sewer Systems. thc Owner may notify the Office of the County Adminislmlor ofinleresl lo submit an Alternative Wmcr and/or Se~'cr Impact F~s calculations pumuanl to Section 2.04 within thirty {30) calendar days from the effective date of ~n'ice oflhe Nolice of Impact Fees Smlcmcnl and thcrcalicr provide an Alternative Water and/or Sewer Systems Impact Fees calculations ~ithin m~c hundred la'only (1201 calendar days from lhe clTcctivc date of sen'icc of the Notice of Impact Fees Statement. 4. lhe Water and/or Sewer Systems Impact I:~s ~all ~ delinqucmt ifnol paid and received by the County within thirty (301 mle~ ~).~ oft~ eff~live date olin'ice of the Notice of Impact Fees Statement ifa heating is n~ ~1~ pu~uant to Section 2.~ or Section 3.07. 5. I..'pon becoming delinquent, the Water and/or Se~er Systems Impacl Fees shall subject lo ihe imposilion of interest on the unpaid amount until paid at the highest interest rote than allowed hy I.aw. G. i,~ Ibc c~e.t Ibc \",'atcr and'or ,%c'¢,'er Systems Impact Fccs becomes ddinqucnt, a Xmicc ~,1'( 'laim ol'l.icn a~ainst Ibc i~ropurly will I~c rucmdcd in Iht ( )l'licial Records thc ( I~. Ibc Walcr and or Sex, ur S)slCnlS Impact }:cex shall he dcminqucnl il~ ~ithin thirty (30) impact lots haxc n,,t hccn paid and rcccit cd by thc ('~tHll?. or Ibc (Ix~ncr him riel properly ore,plied kx hh ti~c pr,,~ isi,,ns o1'5ccli¢11 2.i)4. and no rcvic~v hearing h.s hue,, rcqucslcd pursuant ~,, Nccthm ~ ~7. In linc c~cm a hearing is rcqucslcd purstmanl h~ Ncctim~ 2.U-i or Ncctiml 3.07. thc unpaid Impac~ Ices shall become dclintlUCnl il'not paid within dfirly I3(I) days J'r()lll tile dale Iht J~(,ilrd 15naJl~ determine5 thc ;IlllOUIll el' Impacl Fees title. Nubscc~itm )~ ah, we. thc (',qHllv shall serve, by ccrlilicd mail rcmrn receipt rcqtlcslcd, a nmice of lien up,,n ~}~c Applicant. if thc building is then under construction td tho address indicaled in tho application lbr thc Buikling Permit. and upon tho delinquent (X~ncr al d~c address appearing Ibc Ihcn m~sl recent tax r, dl maintah~ed hv the Property Appraiser ;md/or thc Tax CollccH~r tl~c Cmmtv. '1 hc nodcc ,d' lion shoukl serve lo Ilo1~17 lhe ddinqucnt Applicnnt and Owner. as thc case may be. that l~dlurc lu pay [l~e Water and/or Sewer Systems Impact Fees has caused the (.'~,umk h~ lilt ;t Notice ,,f('laim ell. Jun ~kith ll~e Clerk of Ibc Circuit ('ourl by rucording linc (',mmv f '~,mmi~ioncrs. ~th,~ ~ill /ilo a Nmicc ol'(_'lain~ oFl.icn ~ilJ) the ('lurk of thc Circuit ('(,urt fi,~ recording m d~c r)l'/ici;tl Rcc~rds el'thc ('otllltV. 'J'JlC Notice of'('laim ,ffl.icn shall c,,rH;m3 thc ( h~ncr'$ r)amc, thc legal description (}i'lhc properly, thc amount of Ibc ddinqucnt Impact Fcc~. ami ibc ti;dc ~I' d~cir imposition. 'I hcrca/icr, without li~rthcr dJrccli(m el'Ihs Board. its staff ma> pr,,cccd h, cxpcditim~sly collect, tbrcclosc or otherwise unfi)rcc said lien pursuant I':. Ibc Public Work, Administr:mtr shall file a Notice of Satislitclien ufC'limim t~l' I.icn wilh thc t 'icrk ,d'('ircuit ('ourl Iht recording in thc ()flicial Records upon receipt of fi~]l p;lynlcllt dcJinqucm Water and or Suwer Impact Fees. accrued imcrest, and recording cxpcnsus. Said Nmicc ~d' Salisl~tc'tion et'( 'kmim t>l' I.icn shall rcllccl thc apprupriatc rccurding inlbrmalitm shoxvn ~,n thc prcviousl) recorded Nmicc ol'('htim el'[.ich. F. After thc cxpiratim~ ol'~mc (I) year l~om the date of recording of the Notice of ('laim ell.iCh as pn,~idcd hcrciu, a suit may hc filed lo Ibrcclosc said lien. Such Ibrcclosurc prncccdings shalm bu instituted, omductcd an,I cnl;~rccd in conformitx with d~c pn~ccdurcs lbr tl~c lbrcclostzrc om' unpaid Ibcs. a> scL h,rth in ('haptcr 153. l'h~r'idu Slatules. which provisim~s arc hcrchv inc,,rporatcd hcrcm in d~cir cmirctx h, thc same extent as if such pr,wisions wcrc set Ibrlh herein '. crbz~tim. (;. Ibc rco~rdcd lien5 fi~r delinquent Impact Fecs imposed hereunder shall bc superior and 34 ,,[hcr i;:.'r,~,;1 cxccl',t thc lien ol'(.'otmlv l;~xc.'-; ;~l~(.] superior I'cdcrul liens, il';m?, alld shall hc p:mt) ~'.ith thc lien ,fi:my such ('mini)' taxes until p;tid as provided herein. II. '1 hc cullccti~m ;md cnlk~rccmcnl procedures set lbrth in this Section shall hc cumulativ~ with. ~UplqCmcm:fl t~ ~md in ~ddilMn lu an)' z~pplic:~hlu procudurcs provided in any other ordinances or admninistrativc rc~ulafi(ms of thc ('()tlIIlV ()1' illlV lhUll applicable law or adminism~fivc regulation tq' Ibc Slate ol' I:l~rida. Failure of the ('rarely to Ibllow the procedure scl ti~rth in this Section shall m,I CollSliltltc' ;t ~k;fivcr of'its rights In proceed tmdc'r ;my ordin;lncc' ~r t~dministrative rcpul;~fi~m of fl~u ('mmtv or any al~plicuhlc lucy ~r administrative rc~ulalion ~1' linc Stale of Florida ur I}~c [ 'nitcd Secli~m 3.06. I)t'¥elnper ('~mtribulion Credit. .X. I'hc (',,untx m;~x enter into ;t contribution ;t~rccmcnt with a developer m thc'rchy ~rant a credit liar kk':~tc~ ;md ,u Scx~cr %?$~cms Imp;ici Fccs imlmscd b)' gccthm 2.(JI in exchange lbr certain d~mati~u~s ~1' l;md. (~r :'~,~ ll~c c(mstructMn (~r instull;~tion ol'cu~ilin Rc~Mnal kY'liter andA~r Water und ~r l(c~i~m;fl Sc~cr Il. 'I hu ~mu,unt ~,f I)c~cMpcr (.'~mtrihuli~m Credit u~ t~c applied xh;fll he determined ;recording 1. 'I hc ',aluc ~fd~m;~l~'d hind shLfll t~c hasL'd upon ;~ writlcn apprais;fl of liiir markcl value I,,. ;: Nt;~c' ccrtil~cd ;Ippr;liscr ;Icccptahlc lo lhu ('~LmIV bused uporl cumpL~rltblc sales o1' ~imi!;Jr pr,,pcrt) hct~uen unrcbtcd panics in ;~ bargaining tra~s;~ction. 2. 'Ibc c,,q ~,l'uli~ihle anticip;~tcd construction to the Regional XVz~tur unclA,r Sc~cr S:,'slcms slmll he based upon prolbssional ~pini(ms (ff'tot;fl project probable c~st ccrfi I]ud h~ ;1 Fh~rida prolgssional :trchitcct or 3. In thc close ,~l'c~mtrihutions ol'construction or inslaJJalhul of improvements, thc ~q' thc dcvcMpcr's prup~sed contrihution shal[ he adjusted upon completion oF thc c,,nlrit~utcd hv thc duvclopur, l lokvcvcr, in no event sh;lll an? upw;Jrd ;tdjllSllllCllt ;z',cul) percent (2fl?f,)iff'thc initiul csLim;ilc of'costs fi)r conlrihutions t(~ thc ILegional Wuk, r ~md ~r Rc~inn;fl Sewer g?stcms idcnlil]cd in a conlrihulinn a~rccmcnt between Ibc ~ ~x'.ucr ;md thc lhx~rd. [p~m ;tdjtlSllt~Clll of'Ibc v;lJllC oFIhc dcvcMpcr's contrihulion. (',mtrihuti~,n Credit h]xfll hc tikc~ isc ;ld.iLlstcd accordingI). [.'nti] Ibc Conlributitm Credit ix l]n:tllk ;~diustcd up, m complcli~m ol'constructMn, m~ murc than seventy live (75%) ~hc ini~i;fl cqim;~tc ~fl'costs l~r con!rihulJo~s Io the Rcgi~m;ll W~tcr ~md./t~r Sewer S)'slcms identified m thc c~mtrihution ;~grcement shitll hc actuail)' ~tpplicd ~r used in the c;:lcul:M~mx ,~1';~ ui]~flqc credit z~uinst Water and/or Suwer Systems Impact Fees. 4. ~'~, credit ~khutx~cvcr I~r lands, cuscmcn~s, c~mslruclion or inl'raslructurc otherwise required h~ bc ht~ilt (~r translL'rrcd to thu Ut~tl~lt? b? law. ordinance ~r any <dhcr rule or rc~ul;tli~m sh;tl[ hc c~msidcrcd or included in thc dclerminution of uny value ¢'..\1t c*,l~structi~n c*)~t cstim~tcs shall be based upon. nnd all c~strt~clion plans, specit]cations :md c,~t~x'cx :tnccs si~;~ll t,c in c{mft>~mitv with. thc t~tility constructi~)t~ sta~dards r~,~d prt~ccdurcs {)fthc kk'{~r~;~ ..Xdminislr;~lt~r prit~r Io c{*ml~CllCClllC~lt ~l'c{~nstruclion. I). Pri~,r 1,~ ~sstt:mcc ~1'~ Jluilding J~crmit. thc ..Xpplicant shrill submit tt~ lilt l~ublic W{~rks i{cgi{~n;H Sc~cr 5x stems. I'hc proposed plrm and estimates shall include: 1. :X dcsig~z~tit~ ~md description ol'thc Water and/or Sc~vcr Systems Impact I)cx ch,pn~cnt liar ~k hicl] thc prt~p(~scd plan is being submitlcd: .1. Initi:d pr~Hk'ssit~nal opinions of probaBle constructi~}n ct~sts IkJr thc prtH~t)scd c{u~s~r:~cti,~n pr~vidcd by a Florida prolk'ssional architect ,~r c~ginccr: 4...X pr{~p~scd time schedule/k~r completion of the prr*poscd plan prep:trod by a pr,,1)ssh~n:d ;~rchitect t~r engineer: rind 5...~ 'Ix~ cntF'-Iivc f lundrcd [)olk~r (52.5(10.00) processing, review ;md audit f~c paynhlc I.]. I 'p{~H l~tx {~rLtb]c rc~'ic~x (H' linc proposed Firm. thc Public ~k'~rks 2X{.Jmii~islr~llt~r shall schedule a I". thc If*,;~rd ~h;~lJ ~t~[h~ri/c thc ('~tmlx' .,[llt~rncy lo prcprtrc ~ ct~ntributi~ t~grccmcnt with thc ~n?ing gr{~k~lh ~cccssit~tcd capitrd improvements nnd additions lo thc l~cgi~mtd W[tlcr 3. Such pr{~p[~scd p]:~. ~ ice, cd in con.juncti(~n ~ith {~lhcr cxisling or prtU)oscd plans, will r~,~l crc;~tc r~ dclrimc~t:d imbal:mcc bctxxccn Iht trcatmc~M ~md transmission c~pabilitics ~1' thc I4cgionat W:~lcr :mdq~r I{cgion:d Sewer %>'slcms: nnd 4. Ibc pr,,p,~cd pl:t~ is ct~sislci~t x~ith Ibc public interest: :lnd 5. Ibc pr~p~scd time schedule l~r c(}mi)lcti~)~ ol'lhc l)l~n is consistent wilh thc then most rcccnllx :t,h U~lcd l~ vc ~ 5 ) ye:ir c:~pit~tl improvement progrrim li~r Ibc I{cgi(miiI W:ttcr ~'~,r[:, ..~d~;nislr;l[~r ~,r' ibc J/~;t] tlc'lcr'lllillc'S Ibc prt~poscd pJ;~n is not ~tcccpl~l~Ic. ['hc pr~ccssing. 36 't 2C 7 re~ ~c',s ;m,( audit fcc >h:tl[ t~ccomc mm-rcl'undab]c ~s}lcn thc [~oard atllht)rJzcs thc ('OLHlly II..~n~ ('~lllr'~i~tlliOll ,~I'CL'IllL'II{ shall at a lllJllJlllUIll include and pruvklc fi)r: I. Idcmil~c;Jfi(m ~fl' die parlic~, hlcludJn~ a rcprcscnlad(m fi'om thc ()whorls) dml hc (thc>) is (arc) thc sole rccnrd mkncr(s)o1' thc real properly described in thc (;onlrihulion ..Xgrccmcnt. II' requested by tho ('ounty Attorney. [l~c Applicant ~r ()~ncr shall provide h, lilt ('otllll5 :~llt>rllc5. ~ll IlO ct~sl tO Ibc C'otllll). all attorney's opinion identifying thc tco,~d ox~ ncr(sk his (thcirl atflJl~rilv Io cnlcr into thc omlribtlliO~ agrccn~cnl and identify ,m~ Jicnh,ddcrs having a ticn or encumbrance on Ibc real properly ~hich is d~c subject of ~l~c u~rccmcnt. Said ~pinkm shall specifically describe each of Ibc recorded instrumcms under ~ hicJl thc record m~ ncr holds title, cacJl lien or cncumllbrlulcc. ;ifiL] cJlc appropriate rcc,,rJin~ i::l;,tmathm :md incorporalc by rcl'crcncc a cnp> ul';lJJ such rcl~'rcnccd 2...X lindin~ ih;~l Ibc o,nlribulions c,mtcmplalCd B~ d~e .&g~ccmcnt arc consislcnl ~ilh thc f ,,mprchcn,ixc Plan. 3..X legal dc~criplion t,['lhc XValcr and'or Sewer 5yslcms [mpacl I)cxc[opmcn[ }ands -tihN'C~ h, t}lC .'XglCClllCII[. 4. Ih: duratinn el'Ibc ..XgrccmcnL which shall not be '.cars I't,ml l]lc date ~f suhManlia] compJclion of thc approved plan ol'c~mmructi~m or l'r,,m Ibc date ,,f d,,natinn, hul in no event shall the duration exceed seven (7~ years. exclusive ol'an~ m¢~ratoria. Ihm~ the date of recording in tJ~e ()fficJal Records. 5...X dcscripdm~ nf thc cmuribudons to t}~e Rugional Water and/or ILegi,mal Sewer 6..An ackn~xt Jcdgmcnl that Ibc contributions cm~templatcd under ~l~c Agrccmcm S}lall be c~mslrucd ami bc characlcrJzcd as wurk done and properly rights acquired by a ,,dqcr pcr~,,n< ,,r' cmlU' engaged in thc distrihuti,,n or transmissi,m o,]lccthm ,,r tr;msmissim~ ol'sc~cragc l~r thc purpose ol'cnnslrucling c,t;dflishcd lights.~d'-~ay, mains, pipes, cables, utility infrastructure ~,r Ibc like. <}Mraclcrizcd ils a I)cx cJnlmlCnl ..XgrUClllCllI under Jilt I:i,,rida l.~,c;ll ( hwcrlllllCIll I)c'. cl,,pmcnl .,Xgrccmcnt Ach as fl~cn amended. 8..Xd,,plion el'Ibc approved lime schedule Ihr complcli(m ~d'the pJ;m. 9. I;ctcrminatit,n ~,f thc :llllt~tllll ,al'credit based ttpm~ thc Millldard i)}' valuation idculilied l ii...~ rcqtlirCmcnl lhal t]lc ()~kllcr keep or provide Ibr retention oI' mlcqtlatc records alld inslallalion of ibc improvements Io be conlribulcd. This inlbrmalion shall be available tl~c (',mnl~ or ils duly aulhorixed agent or represemntivc. Ibr audil, inspcctim~ or copying I;,r a minimum <,l' 15~c (5) >'cars I~om lhe termination dale of the Contribution Agrccmenl. 37 1 I I. ,\ ,%'ttHiFUIllUIII ~l'l;lt Ill,,.' credit lbr imp;icl I~'u~ iduntificd hi thc ('(mtributkm .,~ccmcnt sh;dl run ~ ith lhu sub.juc~ Watur andq~r Sc~ur Systums Impact I)cvclopmunl Impact I'cc~ duc ,m tJtc lirst Buildin~ t'crmit issued thereon alld I'cJlllit Mnl~l I[ic pn,icct i~ either COlllplc[gd ~)r 1[lC credits arc cxJlatlsJcd ()r arc olhcrwisc ( '~ql~t~bHt~H1 .,~FCCIllCrlJ 13. 'x:', .~ckm,v. lcd?ncnl th;st thc f:dJurc of'thc ('~mtrJbuthm ..N~Iccnlcnl h~ address their ,ucccssors of thc ncccssily ~,l'complying xx itJl any lax~. ordinance, rule or d~cn ~,,k crnmp ~aid pcrmJttin~ rcquircnlcnts, conditions, terms or rcstriclions. 14. ('~;mpli:,ucc ~itl~ dw risk management ~uidclincs ~hich Ill:IX tlc established hv thc ( ,,tH~tx ', l~k XI;IH;t~CH~U~I [)cparlIBclll I}(m~ time m time. incJudin~ I~ut not limited re,ur.moo ami mdcmnilicalim~ Jall~ua~c acceptable Io Ibc 15..XmmaI rc~icw ami audiJ of pcrlbrmancc trader d~c Con[ribudon Agrccmcm [c:m~ ~,t ibc ( 'onlrJbulim] Agrccnlent and to report thc credit applied m~%ard payment l; ~hc J~,,:ud I1ml5. ~m thc basis of'subsl;mthd COlll[qClClll CVidCHCC. Iai[tile h, Ct,trap]3 ~ilh thc ICrlll~ ~,l'lJlc ('~mlribuliun ;Xgrccmcnl. thc .,~grccmcIll lllav bc rcx,,kcd. ~,r illt~dJl}cd, bv thc ('~tlllt~. ".flh rcJc',;im qlatc ;md'~,r I"cdcral Iaxss. il'Stale i~r Federal la~s arc cnaclcd alicr thc c,cc'.Jt~,,~ ,,I thc t'~mtributi~m Agreement ~ hich are applicable t~ ;llld preclude Ibc [~arl ic-' c, ,mpiiancc x~ ith thc lcrms of thc ('ontribution .,Xgrccmcrm 17..Xmcndmcnl ,,r cancellation bx mulual ccmsent of thc parties In [ho ('(mlribulim~ 'Xgr'ucrllclll t)r b~ Ihcir succcss()rs Jn interest. IS. Rcou'ding ,d'thc ('(mlribution Agreement in thc ()l'licial Recto'tls usually wilhin 1; ,urlccn ~ 14~ dax s al'fur thc ('ounlv enters Jnlo [}lC ('tmlribuliml/kgrccmcnl. 19. Iht abilitx h~ file afl action Iht injtmclivc relief in thc ('ircuit ('tmrl of Collier ('tmntv h~ cnI'tu'cc Ibc terms t>l' tl~c ('m~tributimi Agreement. said remedy being cumukaivc X~ilh :nix :md all ,¢,hcr remedies d~cn :tvailal>lc to thc parties I;~r cnli~rccmcm rd'Ibc Agreement. I. I:~ thc cxcnt iht illll,~tll/[ t)l' [)ex clcJj~cl' (~(Hllrihtllitnl ptlrStlallt h) iii1 ;Ippr, wcd ..~pplicant ha>cd tl[>~ll t)lC c,mtcmpJitlcd }mpr~wcmcnls lo thc ILcgiona] ~';llcr and/or Rcgi,mal Scx~cr SyStClBS prtq,,~hcd hv thc Applicant. linc ('mxribtuion Agreement shall provide Ibr fmurc rcilnburscmcnt h~ thc ,,~pplica;ql ~r f )x'.Hcr ~d' [Jlc eXCeSS Of' such cunlribuli(m credit ~?mn future receipts by 3x \V;llcr ;md nr 5tv. ct ~.~dum5 II~lpaCT J:cc~, ~LIL'Jl ;t~rccJ11L'tli of rc~nlhur~crllUnT ~ha~l not bu for ;i pur~od cxcc~ of seven 17) )c;u-h from thc date ,ffm'ccordin~ thc Contribution .,~rccmcnt in thc ()fficiaI Records. Water and ,,r ~cwcr ~}xtcms Impact I)cvclopmcnl lands idcntil]cd hi a ('~mlrihulJtm A~ruumcnl. thc ('~qllrJbLllJt~[l k~rccnlclll lllLI~ pr~wJdc l~r lJlu rcJI11htlr~ClllClll oJ'tlp [o iqlC-JlaJJ'(l/2) thc excess ur rClllaJllJll~ Ndancc of ~uch ¢~ullrJbtl[JOll credit, provided funds arc lhun available alld collcclcd I'URIFC rcccJpls bx lltu' ('otllllv l?o111 ~Valcr [llld/l)r Sewer ~yMClllS hnpacl I:ccs cullcclcd dttr]ll~ thc dalc ~d'rccnrdHl~ JJ~c ('~HIIFJJ~LIIJiql .'~rccnlcn[ [11 tl~c (]fl~cJaJ Records. ~khichc,.cr dtall Iir~[ i~ccur. lime I'ramc~ dc>cr'ibcd hcrdn. ~}~c rcmainm~ Nfluncc ol'any impact I~'c crcdilx dxdl hc fi~rfcitcd. K...Xn} .Xl~plic;,nl or ( )~ncr ~ho ~ubmils a prop~xcd plan pur~uarn to [l~i~ Xccli~m and dcxirin~ thc Jmmcdialc J~u:mcc ~d'a I~uildin~ Pcrmil shall pay prior 1o or al lilt Ihnc linc propuscd plan i~ ~ubmJMcd Ibc :q~plicaNc ~Valcr and ',~r Sc~cr XF~tcm~ Impacl l"ccs pur~uam ~ Xcction 2.(~1. ~aid ri~ht~ ..~nk difl'crcncchclv, ccnlhcamounipaidandIl~cammmlduc, asddcrmincd hvtl~c lt~xml, shall uxuallk hc rcl Lmdcd h, ~l~c ..~pplJcanl ~r ()wncr kvilhin q0 daw al'Board dcci~hm. ~cclhm 3.II7. Rcvic~ IIcarinR~. A. An .'q~plicam ~,r ()kkncr ~kho i~ required to pay a Walcr and/or Sc~cr ~>~Icms Impact I"ccx pur~uan[ to ~cc'lhm 2.0J. hhall have tJ~c riehl 1o rcqucsl a review hearing. II. ~uch hcarJn~ ~halJ hc limited lo linc review ol'Ihc Ihllo~vin~: 2.~!l. Z. A dcmal ol'an Al'fi~rdahlc Il(raring Exemption or Aullmrixalhm lbr Rcimhurscmcnl ('. kxccpt as {>ti~c~xisc pr~,xidcd in II,is {)rdimmcc. ~tlch hearing shall bc rcqttcstcd hv die receipt o(thc l;~ll~k~in~, v,t~ichcxcr is applicahlc: I. I<cccipt oI'a N,qicc of Impact t"ucs 2. Ibc dcllial dj'all Impact /:cos l'~XClllpliOll tll' At~tlmri/ation IUr Rcimburscnlcnl. J'iliJurc h~ rCqLICSt 11 hearing ~kilhin thc time provided shall hc dccmcd a waiver t~l'stlcJl D. Ibc request I;,r }}caring shall I~c 151cd with thc ()l'llcc of thc ('ountv Administratm' ~llltt nltlSl COHIiIID Ibc IbJJ~kking: I. '] hc n:m~c m~d address ol'lhc Applicant and ()Whet: 2. 'I ho I'ull :tnd cmnplctc 1ogaI description of thc property in question: 3. ll'i~,sucd. Ibc number (d'thc P;uiklin,u I'crmitls)und Ibc date ~uch l~uilding i~cJn~ undertaken pursumlt Io a I~uildin~ J)crlllJl; E. ~LICJ/ JIcLlr~ll~ ~hzdl hc hcl~)rc thc I~xml am] ~hall bc c~HIdLlclcd ill a Ill;11111cr dc'si?cd h~ ;Iii [ll}~)l'~ll~ll~tlll ,llld ck JtJcI1Cc rolex iltlI [1~ [itc I'CLJLIL'~J ~l'l]lc' JlCiIrJB~. I:OFIIlZlJ rulcs ~fl'cikil prcJccdurc (~..A, II'..~[~[~IJC;tIII I~r (]k~llc'r ~kh~ rCqtlCM.~ a JIC;i[~ll~ ptlr~li;lllI hJ lJl]s ~ccJJ(~ll ~lllLJ dc'~irc~ hlllllCdf[ltc ixxuallCC ~fl':~ I~uJJdJllp I~crrllJl shall ix,} prhu' h~ ~r ~ll Ilk' IJlllc Thc fCLILICM J~r IlcLIrJ[l~ ~x ~cclJon ].IIX. Ruviuw I~c(luircmcnl' I lfi~ ()rdm~mcc ;md ibc ma~lcr pkln~ ~hull hc rcvic~vcd hx lJlc B~.rd hfiJkJlh' in c~mnccfi(m whh 163 3]77.1' l(ukb Xl~llti[t;~. I hcrcal~cr. ~l~J~ ()rdhlancu ~h:dl hc rcvJc~cd every lhrcc (S) ycm-x. 'I hc ~urp~sc .,l'this rex icx~ is h~ ensure IJl;ll thc ~['illcr ;lIltJ;t)r 5ewer SySlcl)lS Imp;Icl ]"cos goner, fly rcllcct have nut then i,md lml,:~ct Fees. in thc event thc rex icx~ ~fl'thc ()rdJnancc under tills Scctim~ ahcrs 1.05. or rex iscs (~r changes thc Roil.hal Water ;iil(J./t~r Sewer 5ySlclllS. i)r ~dtcrs cr chun~cs thc [IIDiiLiiiI J~llprtcl I"CCS. Ibc mz~Mcr [~l;IHs ;ich*[~tctJ hy rcl~'rcncc in ScctJtm ].ri5 shall bc .mended :md upd;~lcd I m()5 shall bc :IlllCllLJCLJ 1,) ;IL]()[~I hV rcI'crcncc such uptJ:~tcd Sludics. ,'qI'X'i'I'I()N 2. Ill';PI.;Al, ()F I'I,IIf)R ()RI)INAN('I.;S RI'~I,ATIN¢i T() Till.; RI'iI;I()N,.\I, \VA'I'I,]R ..\NI)/()I,I hI'i~A'I']I~, X'fS;'l'l.].M.'q IMI'..\(,I' I:l'~l.~.'q. (',qlicr (',tomy ()rdin:mccs Nos. X~-97 as ;m~endcd, qf)-X6 as amended. <XI-X7 as amended, and g2-gT, all rclatinL_' m the R¢.uim~al '~\"mer and;or Sev,'cr .q, ystcms Impact Fees are hereby repealed in tl~eir cai[rely and are superseded by this t)rdinancc. SECTI()N 3. I)ECI...\R:VI'I()N OF EXCI.USION FROM AI)MINISTI,tATIVE I'I,tOCI".I)URES ACT. Nmhing cmxaincd in this ()rdinancc shall be construed or interpreted to include thc COUllly ill the dcfiniticm of "![gCllCy" contained in Section 120.52. Florida Statutes. or to olhcrwisc subject thc County to thc application of thc Administrative l'roccdurc Act. Chapter 120. Florida Statutes. This declaration t~l' intent and exclusion shall apply to all proceedings taken as a rcsuh of or pursuant 1o this Ordinance including specifically, but llOt limited m. consideration of an Ahcrnativc Water and/or Sewer Irnpact [:cos calculations under Section 2.04. a determination ol'entitlcment to an Impact Fees Exmnptitm ~)r .,Xuth{m/atiml lbr Rcinlbursement pursuant lo Section 3.04. thc proposed plan fi~r a dcvch~pcr cm~tributi,m trader Ncctitm 3.(16. a review hearing under ~cction 3.07. or mhcrwisc. SECTION 4. (/ONFI.ICT AND SI';VERAIII LITY. If any clatlsC, scctim: tlr provision ol'flfis Ordimmcc shall bc declared unctmstitutiomfl or invalid tbr any rcas~m or cause, tl~c rcmzfining portion of said Ordinance shall bc in fifll fi~rcc alld cI'Ibct and he valid as il*such invalid portion thereof had not been incorporated herein. In thc event it is held or construed by any courl ()l' competent jurisdiction 1hat the County does not possess thc power or authority to impose thc Water and~r 5c~cr Systems Impact Fccs within any Collier County Water and Wastcwatcr Authority certificated areas of thc I)istrict. or such imposhion <)f' Ibc Impact Fccs within StlCh areas is declared invalid or unc(mslhulional Ibr any rcas(m or purpose, such declaration of unconstitutionality or mvalidit5 shall nm affect thc validity ()r constitutionality of thc imposhi(m of the Water ami'or Sewer g)'stcnls Impact Fees ill a~ly other areas ()fl]lc District. or I})r other reasons or purposes, and h is thc intent of thc County. in such event, that such imposition of Impact I:ces in all other areas remain valid and in fi~rce. In thc event this Ordinance conflicts with any other ordinance of Collier C'ountv or other applicable law. thc more restrictive .shall apply. SECTION 5. INCIA'SI()N IN Till.; COI)I'; OF I,..\WS ANI) OP.i)INANCES. Thc pmvisi(ms (d'this Ordinance shall become and be made a part ol'thc Code ol' [.aws and Ordimmccs of('(:llicr ('()umy. Fh*rid::. Thc sections of this Ordinance may bc rclltnnbcrcd or rclcucrcd to accomplish such. and thc word "ordinance" may bc changed to "section". "article". or any other appropriate x~ ord. SECTION 6. EFFECTIVEI),\TE. 'I his ()rdimmcc shall l',ccmnc cl'l',..'cti,.'c up(In tllink2 v, itl~ thc Deparm~cnt of glatt. 41 PASSED AN[) DULY ADOPTED BY TI IF, BOARD OF COUNTY COMMISSIONERS OF COI.LIER COUN'rY. FLOP, IDA. this., ~//rX, day of. d"2"_o.~,_e,27~p .1998. A~FEST: BOARD OF COUNTY COMMISSIONERS DWIG[ IT E. BROCK. CI.F. RK COLLIER COUNTY. FLORIDA $t~,ture onl$. Approved as Io form and legal sufficiency: :I:homas C. Palmer. Assistant County Attorney TCPtTllkgg,'t~tdinance.impa,,t fee i 42 i STATE OF FLORIDA COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 98-69 ~ich was adopted by the Board of County Commissioners on the 4th day of August, 1998, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 6th day of August, 1998. DWIGHT E. BROCK Clerk of Courts and.'Cte~' Ex-officio to Board. County Commissioners. x Deputy Clerk .~:'. rlaples Daily News Naples, FL 33940 Affidavit of Publication Naples Daily Nevs ~A,~>ATTN: OFNANcyCOUNTYsAL~uBCO..~ SS ~OrlE R S -- :' ~~S AU~..~- on : IUESOAY REFERENCE: ~1230 ~3277 57721611 NOTICE OF PUBLIC HEA State of Florida Before the undersigned authority, personally ,ppear~ B. Lamb. who on oash says ,ha~ she serves · , the Ass,stant Corotar, Secretary of the NapLes ~:~':,~,~-_._...~ in Collier County, Florida: that the attach~ ' Affiant further says that the said Naples Daily News ~s a n~spaper published at Naples, in sa~d ~_~ ~ ~ ~. newspaper has heretofore been continuously day and has been entered as second class Mil ..~fed .by 0 dln~ce ~tter at the ~st office in Naples, in said Collier County/ Florida, for a peri~ of 1 year next preening the first publication of the attach~ copy of advertisement/ and affiant promis~ any person, f~rm or co. ration any disc~nt, rebate, commission or refund for the ~r~se of securing this advertisement for m[~lsfrofor ~blication in the said newspaper. ~ He~-'~'~-~ ~- Sig~ture of Affiant "/ ':% ~, ~en ~s COLLIERCOM~TS~ER~UNTYcoUNTY, PLOR~A BARBARA DWIGHT E BROCK, (including this cover) LOCATIOI{: HAFLE$ D,.kTT,! ~EWS FAX ]qO. % 263~8~ lililllllillillllilllllllllilllliililllllil'iiilliiilllllillliil FROM: _______ ELLIE HOFF}~N -MINUTES & RECORDS L " LOCATION: Collier County Courthouse FAX NO: (813} 774-8408 , PHONE 'NO: (813) 774-8406 · '.,. 961 I 87-~9l 16:24 08°02'12 941 995 0823 O~ 06CS~DS~D4~D6ClJl 962I 07-I0/ 16:37 80~82'34 92634864 ~ July 13, 1998 Ms. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 33940 Re: Notice of Public Hearing to consider Petition A-98-2 Dear Judi: Please advertise ~he above referenced notice one time on Saturday, July 18, 1998, and kindly send the Affidavi~ of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Ellie Her fman, Deputy Clerk Enclosure Purchase Order No 803277 NOTICE OF PUBLIC t 'U/ARING Notice is hereby given that the Board of County Commissioners of Collier County, will hold a public hearing on TUESDAY, AUGUST 4, ~8, in the Boardroom, 3rd Floor, Administration Building, Collier Government Center, 3301 East Tamiami Trail, Naples, Florida. Thc meeting will begin at 9:00 A.M. The Board will consider Petition A-98-2, Anthony P. Pires, Jr., Woodward, Pires and Lombardo, P.A. and N. Paul San Filippo, of Seidensticker & San Filippo, representing Walden Oaks of Naples Homeowners Association, Huntington Homeowners Association, Barrin, on Homeo~zners Association and Alan Small, requesting an appeal of a determination of insubstantial change to the Princess Park PUD Plan, A/K/A "King Richard's", adopted by Ordinance 84-34, as amem , rendered by the Planning Services Director pursuant to the provis set forth in Section 2.7.3.5.2 of the Collier County Land Develo ~nt Code. NOTE: All persons '.,~shing to speak on any agenda item must regis with the County acl~inistrator prior to presentation of the agenda :em to be addressed. Individual speakers will be limited to 5 minute: ~n any item. The selection of an individual to speak on behalf of a~ organization or group is encouraged. If recognized by the Cha a spokesperson for a group or organization may be allotted 10 minut, to speak on an item. Persons wishing to have written or gra.~hic materials included in Board agenda packets must submit said material a minimum of 3 we~ prior to the respective public hearing. In any case, written mat~ als intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the hearing. All material used in presentations before the Board wil become a permanent part of the record. Any person who decides to appeal a decision of the Board will nee, record of the proceedings pertaining thereto and therefore may to ensure that a verbatim record of the proceedings is made, which re rd includes the testimony and evidence upon which the appeal is base, BOARD OF COUNTY CO~'~'~i.~;~IO;,E~.S COLLIER COUNTY, FLORIDA BARBAP3~ B. BER?.Y, DWIGHT E. =,.OC.~, CLERK By: /s/Ellie Hoffman, Deputy Cie '- ( SEAL ) July 13, 1992 Mr. Anthony P. Pires, Jr. Woodward, Pires & Lombardo, P.A. 801 Laurel Oak Drive, Suite 710 Naples, FL 34108 Re: Notice of Public Hearing to consider Petition A-98-2 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday~ August 4, 1998, as indicated on the enclosed notice. The legal notice pertaining to this peri,ion will be published ir the Na~!es Da~ly You are invited ~o attend this public hearing. Sincerely, Eltio_ Hof==ma.~,- Dee~,ty._ Clerk Enclosure July 13, 1998 Mr. N. Paul San Filippo Seidensticker & San Filippo Parkway Financial Center 2150 Goodlette Road, Suite 305 Naples, FL 34102 Re: Notice of Public Hearing to consider ?etition A-98-2 Dear Petitioner: Please be advised that ~he above referenced pe~i~ion will be considered by the Board of County Commissioners on Tuesday, August 4, 1998, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Saturday, July 18, 1998. You are invited to attend this public hearing. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure ~o: C~erk ~o ~he E~: Pte~ p~e the f~L[~ ~ ~: (Display ~., ~at{~, etC.) (Si~ cLearLy) P'%', Pelican gay 801 'Laurel Oak Drive, Suit 710, (l~ ~,. s=ce ~e. ,::~ ,~.-,~, :=,t) L San Filippo Park~'ay Financial Center 2i50 Goodle.~ md, , . ' .~e .. Suite 205, ~¢aples Fta 341,12 Notice to consider A-gg-2 Antony P. Pires. Jr.. of Woodw~d. Pires ~d Lomb~do. P.A. ~d N. Paul Sm Filippo. of Seidensticker i Sm Filippo.. representing Waldon Oa~ of Naples Homeowner Association. t iuntington Homeo~e~ Association. Ba~ngton Homeowners Association and Alan Small. rquesHng ~ Appeal of a de~e~ination of Insubs~fial Change to the Princess P~k PUD Master Pl~. A:~A "King Richard's" , adopted by Ordiniqce 84-3a. ~ amended. rendered by the Planning Se~ices Director pursuant ~o ~e provisions set fo~ in Section 2,7.3.5.2 of~e Collier Count':' L~d Developmen~ Code. ~is meeting ivil] be held ~t 9:00 A.M. August 4. 199g. in the Board of County Commissioners Meeting Room. 3~d Floor. Building "F', Coun~ Government Center. 3301 E~t T~iami ~.-- Trail, E~t Naples. Florida 3411',. Oivisi~ ~e~ /, ,' ~ate --C~r ~ gate List Attars:(1) (21 (3) For ~eer{~ ~ ~ ~ ~: lnitiat{~ ~rs~ to c~(e~e ~ c~ ~ ~tain O{v{si~ He~ a~cva{ ~feee ~itl{~ to ~ ~. ~TE: If I~at ~t 5~ i~lv~, ~ ~e that ~ ~es~ I~al revi~, or distri~e c~i~: / .... / C~ ~ ~ file; / / R~_~ti~ 0ivisim; ~ ~ioi~t to C~ert's Office 8. ~her henri--: Initiat{~ Divisim ~ to m~ ~ mit ~iai~l to Cl~k's office, retalni~ a c~ ~cr - 07/10/9~ 12:01 FAX 941643696~ COLLIER CO ¢0,~1,,~I~' DEr ~001: COLLIi:R C0b XT COMMUNITY DEVELOP?.'I S:','T ::.ND 2~00 NORTH HORSESHOE DRIP. q: EN~-IRON.MENTAL SERV-I .:ES DI'~qSION NAPLES. FLORIDA :]4104 FAX MEMORANDUM 941) 643-3266 or ~941) 643-6968 T_QO TIME: ' ' CITY, STATE: __ FR0.M TOTAL, PAGES INCLUDING SPECIAL INSTRUCTION: Building Review & Permitti ~g (941) 403-2400 Natural Resouzcet: (941) 7.32-25~)5 Code Enforcement ~94 1) 403-2440 Planning Sem'qces 19411 40:1.23Q0 Hous,ng & Urban lmpraven.ent (941) 403-2330 Pollution Control {941) 73~-~S02 07/10/94 09:13 FAX 94164.36~6~ COLLIER ~ ~.._~_0.~.~ITY DEr ~00 02 COLLIER COL ' COMMUNITY DEVELOPS, ENT ~ND 'iS00 NORTH HORSESHOE DRI~ E~qRONMENTAL SERV CES D[~qSIO>; . API,~,S. FLORIDA 34104 FAX MEMORANDUM '~941) 643-3266 or (941) 643-6968 T...~O CITY, STATE :__ FROM TOTAI~ PAGES INCLUDING COVER SLLEET: '~-~ SPECIAL INSTRUCT/ON: Building Review & Permim :g ~941 403-2400 Natura] Resources [941) -/32-2505 Code Enforcement (941 403-2440 Planning S~rvice.~ (941) 403-2300 Housing~ & Urban Improven eat (941 403-2330 Pollution Control (941) 732-2502 1 07/I0/9~ 09:13 FA.'( 041643606~J COLLIE ~P~_C.~_C0.~DR,.%'ITY DBX' ~002/002 TO: Cter~ to thc ~: F e~ p~e the fott~t~ ~ n: - r cei~i~i~ ~t/oiv: ~.~~~ ,~:~ert"'M'u l~r e o.~: q~ 1 0/9 .... ': ~ '" '; ' ~' a ' '~ ' ' P R' ,'.~' ...: PeliS.in':Ba~ 8B'r :~hure~;'oi~ Drive, Suite 7~0, 7;3ples, Fla. 24108 .~ L ~ress of any ~e~(s) :c ~ ~a~ifi~ ~ Cte~k's Office: ~.~ ~ (If ~re ,~ce ~. ,::~ ~ra:e s~) & San Filippo Parkway Financial Center 2150 Goodlette Rd Suite ~05, Naples,Fla. 34102 ~ a~ri~. ~ ~ ~f~re heari~. P. Pires. Jr., of Wo~w~ P~es ~d ~mb~o, Noticep.A. ~d;° consid~N. Paul s~A'98'2F~p~.~°nYof Sei~ e~ck~ & S~ FiUp~,, re~cs~g .~.._ ~_.. Ass~hfion, B~on Homeo~ ~soc~fion ~ AI~ Small, rq~s~g ~ Appeal of a dcte~afioa or,ubs ~ CMvge to ~e ~cess P~ P~ M~let Pl~ ~A "~g ~'~" , adopted by ~d~ce ~-34, ~ ~e~ rend~ed by the Plug S~iccs Di 'ector p~sumt to ~e provisions s~ fo~ in Section 2.7.3.5.2 of ~c Colli~ Co mr/~d Development C~c. ~ me~g will ~ held at 9:00 A.M, Au~ 4, 1998, ~ ~c Bo~d of Co~ Com~i~s Me~g R~m. 3~d Floor. B~l~g 'F", C~W Gove~t C~ter, 3301 ~ T~ T~, ~t NapEs .............. FIoH~ 34112. Oiv{~i~ ~e~ D~te C~ ~, __Date List At~tg:(1} ,(2) (~) A. ~or h~ari~s ~f~ ~ ~ ~: Initiat,~ ~ to c~tete ~ c~ ~ ~tztn O~v,s~m nc~ ~o~zt.~f~e distri~e c~i~: 07/10/98 05:3t FAX 9J161.~6968 COLLI£R C0.~0.Y~I.~'ITY DEl' ~002 COLLIE COUNTY GOVERNMENT CO>IMUNITY DEVELOPbI ,~NT A_ND 2800 NORTH HORSESHOE DRIVE ENVIRONMENTAL SERVD;ES DIVISION NAPLES, FL 34104 Ms. Judith Fl~,agan Naples Daily News 1075 Central AveDue Naples, Florida Nodcc W consider A-98-2 Anlhony P. Pires, Ir., of Woodward, Pires and Lombardo, P.A. ;md N. Paul San Filippo, of Seidensiicker & San Filippo,, representing W'al~ o~ Oaks of Naples lqomeown~ Association, Hunting~o~ Homeowners Asso :ia!qon, BarrLa~on Homeowners Associatiola and Alan Small, rquesting an App~ al of a determination oflnsubitan~ial Change to the Princess Park PUD Mast :r Plan, A/KYA "King Richard's" , adopted by Ordinance 84-34, as amended, r~ad~ red by the PI,tuning Services D~reclor ptlzsuant to the provisions scl forth ir, Se :lion 2.7.3.$.2 of the CoIlier County Land Development Code. This meeting ,,~111,¢ held at 9:00 A.M, Au=~nast ,;. 1998, in the Bo~d of Co~ .ty Commissioners Meeting Room, 3r~rd Floor. Building "£", Coun~ Government Ceater, 3301 Eas~ Tamiami Trail East Naples. Flori ta 3-~ 112. Dear .~udi: Plea~¢ adverlise the ab ~ve referenced nolice one time Sartcday, ?/I 8/98., and kincLiy selld thc A ffadavk Pub]ica~on lo§ether with char~ es involved lo this of~c¢. Th,a~ You. Robtrrt Mulhere Pl,xtm.~ng Services Dept. DLrcct~ ,r RM/cm Purchase O~'der No: Buildinl~ Review & Permit. ling (941) 403-2400 Nat,ural Resourcee (94}.) 731!-~$05 Code Enforcement {941) 403-2440 Plannm£ Ser~'iees (941) Housing & Urban [mprovem~n {941) 403-9-330 Pollution Cont,rol (941) 07/10/1)8 05:31 FAX {)416.1.36l)6,~ COLLIER .C0 C0)Dib,~'ITY DEV ~003: *** TI ~PORT ~NS~ISSI~N OK TI/~ SO 1017 C0h~ I 0N TEL 2 6 3 4 Sb~.~D~SS CONNECT I OS ID ST. TIgE 07/02 USAGE T 01'18 PCS. SEN~ 2 ?OI.:IE: COUNTY COM'M1JXITT D :,~FELOPME.\'T A~N-D 2800 NOR~ HO~HOE D~ ~Oh~,~ S~CES D~ION N~. FLORA 34104 (9~1) 643-226g or (941) 6~3-6968 07/10/~8 05:.30 F^X ~)~16~.36f)6~ COLLIER ¢0 ~¢._ffQ~IT%* DEV ~001 13A1.. COLLIER COL,TTY GO R IENT GOYlYlUNITY DE¥ ELO?> F. NT .-x~,'D 2800 NORTH ,,ORSESPIOE EN'V'IRONMENTAL SER\q (.:ES Dt',qSION NAPLES. FI.OF, IDA 34104 FAX MEMORANDUM (941~ 643-3266 or (941) 643-6968 TO TIME: ~D~.~ _ CI~, STATE: FROM TOT~ PAGES INCLUDING COVER SHEET: Building Review & P~rmit~i:~ ,gqll 103-2400 Na~rM ~uo~rces ~ - r~41) 732-250.5 G~d~ Enforcement :~411 403-~440 Planning S~5re~ {~1~ 403-2300 Houdini & Urb~ Improve= ent ~941; 403-233a Pollution Control [941) 732-2502 · i3A1 , USES LISTI.~D IN PUD USES ON SITE/APPROVED :i: Buildings for office, storage, ticket Buildings for office, storage, ticket sales, snack bar, recreation room sales, snack bar, recreation room ':7 Miniature Ool F Course Miniature Golf Course Mini car track Go-kart track Bumper boat pond Bumper boat pond Batting cage Bart{ag cage Aero-ball court Aero-ball court Kiddie car track Kiddie ,.z(>-kart track P,.crnotc COImtro] bOatS aIld pond l>,crnotc control boats and pc)nd Swirnming Pool Swimming Outdoor roller skatin-~ Outdoor rol Boat Rental thcilitics Boat Rental facilities Video Games Video Games Merry-go-round Kiddie Railroad Watcrslidc Pirate Swing Built, not listed tm I'[;t) Jtmior go-kart track [split - sec above] [ --'~ Approved via I'i)1 '-9:-;-2 Lazy River ~ Kiddie Roller Coaster FORM 8B MEMORANDUM OF VOTING CONFLICT FOR :OUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS Constantine, T[tnothy J. Collie~ Count~ ~ard of Co~i. ssione~s JU~ ADO~ ~iR~ COUNCIL COM~II~ION. ~THOgl~. O~ CO.~I~EE ON 3301 Tamtami Trait Ea:~t ' c~,v )X cou~[~ ,; OrHC~ L~'~~ ~ Naples Cc! liar Col. lier Cou~ t'/ Auqust 4, 1998 WHO MUST FiLE FORM 8B form is for usc by an)' person serving at thc count)', city, or other local level of government on an appointed or dectcd board, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who zrc presented a voting conflic~ of interest under Scct iu, 112.3143, Florida Statutes. T'he requiremcn, ts of this law arc mandatory;, although use ole this particular form is not required by law, you are encouraged to use it in making the disclosure required by law. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary g. rc-atly depending orl whether you hold an elective or appointive position. For this re.on, please pay close attention to thc instructions on this form before completing the rc,'crse side and filing thc form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 1i2.~143, FLORIDA STATUTES ELECTED OFFICERS: A person holding clectise count)', municipal, or other local public of,qcc .\I Ub-'T ABSTAIN f~om voting on a measure which inures to his special private gain. Each local officer also is prohibited From knowingly voting on a measure which inures to thc special gain of a principal (other than a governir, ent agency) by whom he is retained. Ia either case., you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly thc nature of )'our interest in the measure on which you are abstaining from voting; end WITHIN 15 DAYS AFTER THE VOTE OCCURS by contplcfing and filing this I'orm with thc pcrson responsib!e For recording thc minutes of the meeting, who should incorporate the form in thc minutes. APPOINTED OFFICERS: A person holding appointive county, municipal, or other local public office ,",lUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to thc s;-¢c, ial gain of a principal (other than a go,.'crnment agen©') by whom he is retained. ... A person holding an ap~ointive local office otherwise ma)' participate in a matter in which hc has a conflict of interest, but must disclose the nature ol'the conllict before making any attempt to influence the decision by oral or wriuen communication, whether made by the officer or at his direction. IF YOU INTEND TO ,MAKE ANY ATTEhI[rl- TO INFI.UENCE THE [)ECl.SION PRIOR TO TliE NIEETING Al' WHICH TH~- VOTE ~,VlLl. BE TAKEN: · You should complete and file this form (bcl'orc making any aIlempt to influence the decision) with the person responsible for recording the minutes of the mcctiitg, who ~ill incorporate thc form in Ibc minutes. · A copy of the form should be provided immedia£ely to the other members of thc agency. · Thc form should be read publicly at thc meeting prior to consideration of lhe mailer in which you have a conflict of interest. NapLes Oaily tiers Naples, FL 33940 Affidavit of Publication Naples Daily ~(ews NOTICE OF PUBL C HF_ARING BOARD OF COUNTY COH~ISSIOtIERS Notice Is hereby given ATTH: NANCY SALOGUB ti.at ~ ~Fd ~ C~ NAPLES FL 34101-3016 hear ng on TUESDAY, AUGUST 4, 1~, REFERENCE: ~1230 ~3277 5?722~5 HOTICE OF PUBLIC HEA T~ ~d~tl c~sld~ Louv[ere, representing State of Florida N~rls W~ County of earlier L~ce ~, Before the u~ersigned authority, personally "A" z~l~ ~ld f~ o ~wmlll mulching and appear~ B. Lamb, v~ on oath says that she serves ~cu~ f~l~ as the Assistant Cat,rate Secretary of the Naples Subse~ion 2.2.. for Daily Heys, a daily nevspaper published at llaples, property located on Woodcrest Drive, one ~n Coll~er County, Florida: that the attached mile ~t copy of advertising was published in said me ~ si~lm~a- n~s~per on dates listed. T~ Affiant further says that the said Haples Daily 26E~,c~fl~ Nays is a nevspeper ~blJshed at tlaples, Jn said NOTE: All persons Cai[Jar County, Florida, and that the said ~shlng ~ ~n~ ~em musl regls- nevs~per has heretofore been continuously t~ ~ ~e ~bLish~ in said Collier County, Florida, each mlnistrator PRIOR to day and has been entered as second class mail ~ ~em to ~tter et the ~st office in Naples, in said I~lvl~l ~s Collier C~nty, Florida, for a peri~ of 1 year next preceding the first publication of the ~ Is ~. attach~ copy of advertisement; and affiant rec~lz~ by me ~r- further says that she has neither paid nor o ~ ~ ~lz~ promJs~ any person, firm or co~ratJon any ~ ~ al~ed ]~ m.n- ~JSC~fl~ ~e~e~ ~o~mJssJon or ~e~un~ ~or ~he Persons wishing lo ~bLJc~tJ~ ~n ~he seJd newspaper. ~d ~n~ ~ckets a minimum of 3 PUSLZSHED ON: 07/19 ~ ~ ~e r~lve ~ ~ a ml~ AD SPACE: 92.~ iNCH ~ u~ FILED OH: 07/~0/98 ~f~e ~e Signature of Affiant ] ~ ~a Svorn to and Subscrib~ before me this '~J day of' ]y:_,~x_ ,, ~ef~e. ~Y . Is ~, ~1~ r~d~ BOARD OF COUNTY COMMISSarS COLLIER COUNTY, FL~DA BARBARA B. BERRY, CHAIR~N DWIGHT E. BROCK, ~ C~RK (including this cover) !i!ii1111111111111111111111111111111111111111111111111111111111 TO: LOCATION: ~FL~S DAIL! NEWS ~AX lqO.: 263-4864 , // CO}9{EI,,'TS: Re: -/_x 7-- -'. ' ' ,'~ r~. ... ,-~- '~ ~ ~.- :"7//- 2~-1~, I!ii11111111111111111111111111111111111111111i11111111111111111 FROH: ELLIE HOFFHAN -MINUTES & RECORDS _L LOCATION: Collier County Courthouse FAX :NO: (813) 774-8408 , PHONE'NO: (81:3) 774-8406 o 956 07-061 10:30 00"00'52 ,~ ~ = - 4-4-,409j.~1 C,I,.', i 0~,8C008880006~30 957 87-87 ~ ~9:55 880 82' 13 92634864 OK ate sent: q/?//~/'" Time sent:/~';~/_/z. ~/. IF YOU MAKE NO A'UI'EMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: · You should disclose orally the nature or your conflict in thc measure before participating. · You should complete thc form and file it within 15 days after thc vote occurs with thc p~rson responsible for r~ording the rninu:~ of the meeting, who should incorporate thc form in /he minute's. DISCLOSUEE OF LOCAL OFFICER'S INTER~:ST ;,,c.,~ A 1998 I. T~moth~_ J. Constantine herebydisclosc ~ha~ on ,~ ...... . (a) A me~ure came or will come before my agency which (check one) /inur~ to my sp~ial private gain: or ~ inured to the sp~fl gain of . by whom I am r~Mn~. (b) ~e measure before my agency and the nature of my interest in the measure ts as follows: Board of Count's Ccmm'.:ss[oner.~ item 13.A.t. .=. Petition ;,-9,~-2, Anthon7 P. Pices~ ~r., of Wooc~.,,.'a~.d, P[res ;, hot.~hac~]o, P.A.; and Z~. Pau~ San Eil~ppo, of Seiden~ticlter ~ ~an F[l~ppo, ~epresent~ng Walden Oake~ of Naples Homeowners Association, Huntington Homeowners Association, Ba~rington Homeowners Association and Alan S~nall, requesting an appeal of a determinatio~ of insubstantial change to the P~[ncess Par]{ PUD Flaster Plan, AKA "King R[chard's", adcptc<? b'/ Ordinance 84-3d, as amende¢], cendeced by the Planning Serv].ces Di[ector pucsuant to the provisions set forth in Section2.7.3.5.2. of the Collier Couhty Land Development Cc/Ae. Al:er consultation ',:ith the Ccunty Attorney, I abstained frcm voting on the above matter pursuant to .'{ectlon 286.012, Florida Statutes, which provides that "no member of any state, county, or municipal govern.mental board, con~r, iss:o: or agency who is present at any meeting of' such body at which .an.official decision, rOling or other cfficial act is to be taken or adopted ~ey 'abstain from voting...except when, :.;ith respect to any such member, there is, or appears to be, a possible conflict of interest under ti%e pr©visions of S.112.311, 5.:I2.313, or S.112.3143. In such cases, said membe.,- shall comply with the disclosure requirements of S.112.3143." Dz:-~ ~[ed ,' S[gnaturc NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (19g$}. A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR ;dORE OF THE FOLLOWING: I,',$?EACH.MENT. REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT. DEMOTION. REDUCTION IN SALARY. REPRIMAND. OR A CIVIL PENALTY NOT TO EXCEED $~.0OO. Affidavit of Publication '":" ..... Naples Dai Ly tiers ' P~LIC H~RINO OF C~NTY C~MISSIONERS N~ce IS h~Y g~enJ NANCY SAL~UB , ~m~s ~ C~II~ Ce~, 3~1 E~ Tom~ 5~22~5 ~- ~TiCE OF PUBLIC HEA P~ j ~ Before the u~erstgned authority, personally f~ a ~ a~ar~ B. La~, ~ on ~th says that she serves ond ~as the Assistant Cor~rate Secretary of the ~aples ~ Daily N~s, a daily neuspaper published at tlap[es, ' ~;~ Jn Collier camry, FLorida: that the attach~ c~y of advertts~ ~as ~bL~sh~ ~n said ~lmm~25, n~s~r ~ dates Lilt~. ,fftant further says that the said .apLes OaiLy ~,.~, , Neus is a n~s~per ~bL~shed at /lapLes, ~n said NOTE:~ All,' persons, JCoLLier C~ty~ FLorida~ and that the said ~n~s~r has heretofore been continuously ~(~bLtsh~ in sa~d Collier County, FLorida, each ~ ~ me ~- day a~ has been enter~ as sec~d class ~iL ~'""~"~ ~tter at the ~st office in Naples, ~n sa~d l~vl~l ~s ~ll Collier C~nty~ FLorida, for a peri~ of 1 year J~,next prec~i~ the first publication of the ~'ls ~'attach~ copy of advertisement; and affiant re~z~a,~ ~;~further says that she has neither paid nor ~:/proafs~ any person, f~r= or co, ration any ~m~em.mln' discount/ rebate~ comaission or refund for the Persons wishing ].r of th~ ~dwrti~ent for 8eGu~J~ ~;~'pubLJcat~ ~n the said newspaper. ~d ~n~' packe~ minimum AD SPACE: 92.~ ZtlCH FZLED ~: 07/20/98 ~ a ~ ~ c~d ~ ~ tO and Subscrib~ before me this ,;~/ day of (q;/_,~ B'OARD OF ~COUNTY COLLIER COUNTY, .~?:~: ~'~. BARBARA B. BERRY, DWIGHT E. BROCK, C~RK llillilllllililllllililllilililillilillllillliilllllllllliillil FROM: · ELLIE HOFFMAN -MINUTES & KECORDS --L " LOCATION: Collier County Courthouse FAX ~l'T6: (813) 774-8408 , : · iPHONE'NO: (813) 774 8406 0C3'00'52 9414341~953 ,< :,':: ; Ms. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 32940 Re: Notice o15 ?ublic Hearing' to Consider Petition CU-98-13 Dear Judi: Please advertise the above referenced notice time one on Sunday, July 19, 1998, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, · Ellie Hof fman, Deputy Clerk Purchase Order No. 803277 NOTICE OF PUBLIC HEARING Collier County, will hold a public hearing on TUESDAY, AUGUST 4, 1998, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The Board will consider Petition CU-98-13, Mireya Louviere, representing Norris Wade Bethel and Lance Bethel, requesting Conditional Use "2" of the "A" zoning district for a sa~zmill mulching and horticultural facility per Subsection 2.2.2.3 for property located on Woodcrest Drive, one mile east of C.R. 951, on the south side of Immokalee Road, in Section 25, Township 48 South, Range 26 East, consisting of 18.73 plus or minus acres. NOTE: All persons wishing to speak on any agenda item must register with the County admin~s=rator prior to presentation of the agenda item tO be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group, or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY CO~ISSIONERS COLLIER COUNTY, FLORIDA BARBARA B. BERRY, CHAI~N DWIGHT E. BROCK, CLERK By: /s/Ellie Hoffman, Deputy Clerk (SEAL) July 6, 1998 Mr. Norris Wade Bethel 4318 SW 10th Avenue Cape Coral, FL 33914 Re: Notice of Public Hearing to consider Petition CU-98-13 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, August 4, 1998, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, July 19, 1998. You are invited to attend this public hearing Sincerely, Ellie Hoffman Deputy Clerk Enclosure July 6 1998 Hr. Lance Bethel 1207 SE Edlorado Parkway Cape Coral, FL 32904 Re: Notice of Public Hearin9 to consider Petition CU-98-13 Dear Petitioner: Please be advised tha~ the above referenced petition will be considered by the Eoard of County Commissioners on Tuesday, August 4 1998 as indica~.ed on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, July 19, 1998. You are invited to attend this public hearing Sincerely, Ellie Hoffman, Deputy Clerk Enclosure July 6, 1998 Ms. Mireya Louviere 1363 14th Avenue [,~or~h Naples, FL 34102 ~,'~. ~' Re: Notice of Public Hearing to consider Pet4tion CU-98-13 i~-: Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Co~nissioners on Tuesday, August 4, 1998, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, July 19, 1998. You are invited to attend chis public hearing Ellie Hoffman, Deputy Clerk Enclosure REQUEST FOR LEGAI. ADVERTISING OF PUBi,iC IIEARINGS To: Clerk Ir) the Board: Please I}lacc the f, lh)v,'in~ as a: XXX Normal legal Adve~i~mcnt ~ Other (Display Adv.. l~ation, etc.) Originaling mcp~ mir: . · Petition No. (If none. give brief description I: ~'U-¢~:_!_.~ ......................... Petitioner: (Name & Address): Norris Wade Bethel, 4~ I~ SW lO'h Ax'e~ Coral~[. 33914 ;md I.ance Bclhcl 1207 SE Eldorado Parkway, Ca~ Coral. FL 33904 Name & Address of any person(s) to be notified by Clerk's Office: (If' more space is needed, att:~ch scparalc sheet) Mircva Lou,.'ierc, 1363 14th Avenue North, Naplcs_,_}:[. 34102 Hcaringbefore [3CC XXX B2~:\ { OIhcr ~cqucstcd }fcar,',g dale: ~--~../ ~J~_ 2ascd on ad,'crI~scmcnl appc:,rmg l'; d;,,s tx:fore hc;r ~,~ Ncwspapcrts) lO be tlScd; (Complclc onl~ if XXX Naples Da/Iv News OIhcr ~ Legally Required Proposed Texl: (Include legal dcscripl~on & commoa location & Si×c: Petition No. CU-98-13. Mircva l.ouviere, representing Norris Wade Bethel and Lance Bethel, requesUng~_(_LQndilionaI [,:sc "2" of the "A" zoningdistricl for a sawmill mulching and horticultural facility per Subsection 2.2.2.3. for propcm' located o~._LWoodcrcst Drive one ~nile east of CR ')51 on rim sou~h side of Immokalec ~oad. in Section 25, Township 48 Souk}~ Ra~¢ 26 E~.st_..~conAist__i_n_g_pof_jl 8.73._ph;s or minus :<rcs. Companion petilion(s), if any & proposed hearing dale: Docs Pelilion Fee include advertising CO$I'.) [~ "¥'CS I~-~'~ ?.'o 11' 'Yes. x~h;tt account should be charucd for adxcrlising costs 113-138323-4,491 I0 Rcvic~ved by' Approved by: Division Head Dale County Manager Date List Altachmenls: I)ISTRIB UTION INSTRUCTIONS A. For hearings beforeBCCorBT..A: Initiating person to complete one coy and obtain Division ilead approval before suhmittin~ to Count.,,. Manager. Note: If legal document ix involved, be sure that anv ne¢¢ssar2,.,legal review, orrequest for .same. ix submitted to Count.,,' Attorncv before ~,ubmittin~ to County ,'qan.'t~,er. Th'e Manager's office ~'ill di.~tribute copies: - [] Count.,,' Manager agenda file: to ~ Reque~lin~ Division [] Original Clerk's Office B, Other hearings: Initiating Division hcad lo approve and submit original to Clerk's Office. retaining a cop.,,' for file. :::::::::::::::::::::';TZ ....... '" ..... '"'""'"'"' .... ' ..................................... .. Date Received: f:'¢ V~: Date of Public hearing: ,;//i',//: 2':~ /// · ' ' ' " Date Advcrtiscd: ~_? ./,i. RESOLUTION 98- A RESOLUTION PROVIDING FOR THE ESTABLISHMENT .... '~ OF A SAWMILL MULCHING AND HORTICULTURAL FACILITY CONDITIONAL USE "2" IN THE "A" ZONING DISTRICT PURSUANT TO SECTION 2.2.2.3. i,F THE COLLIER COUNTY LAUD DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTiOU 25, TOWI,~SHIP 48 SOUTH, ~.NGE 26 EAST, COLLIER COUNTY, :~,~.,IDA. WHEREAS, tke Legislature of the State of Florida in Chapter 67-1246, Laws c= Florida, and Chapter I25, Florida Statutes, has conferred on · -~*~ County the power to es~ab!ish, coordinate and enforce zcnin~ and such business regulations as are necessary for the pro~ecticn of the public; and WHEAEAS, %he Count>, pursuant thereto has adopted a Land Development Code {Ordinance No. 91-102) which includes a Comprehensive Zoning Ordinance es:ablishing regulations for the zoning of particular geographic divisions of the County, among which is the crantinc ~= Conditional Uses; and /;H~Ran~, the Collier County Planning Cc~ission, being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of Conditional Use "2" of Section 2.2.2.3. in an "A" Zone for a sawmill mulching and horticultural facility on the property hereinafter described, and has found as a matter of fact (Exhibit "A") that satisfactory prc'zision and arrangement have been made concerning all applicable matters ~=cuired by said reculations and in accordance with Subsection 2.7.4.4 of the Land Development Code for the Collier County Planning Co~mission; and WHEREAS, ail interested parties have been given opportunity be heard by this ~oard in a public meeting assembled and the Board havinc cons ..... d ail matters presented. I~OW, THEREFORE RE l~ ~.ESOLVED, BY THE ~OARD OF ZO~,;IUG APPEALS of Collier County, Florida that: -1- The ~eti'_ion files ?.:y Mire'/a Lou';iere, re~resentlnc Norris Wade 5ethe! an~ Lance 5e%'nei '..:~%h rn~D=c5 5o r~ ........ hereinafter descrlked as: 5:.:k~k~% "E" ',.'h~c~. i~ ~'-ackea hereto and [nccrnorated by ......... : aPUrcved :ct Ccn~itianai Use "2" of Section 2.2 '.3. cf %he "A" Zonin2 District for a sawmill mulching and -- - .... ~ ~.. ~crc~nce '.41tx the ConcePtual Master Plan (Exhibit "C") and subject to the following conditions: i. An appropriate ~ortion cf native vegetation shall be retained Ch-Site per CCLDC 3.9.5.5.4, as amended. This area is shown ~%n %he site Sian as natural vece~ation to remain. The site development plan shall rename this area "preservation area" and Prior to SDP apprcvai a conservation easement shall be placed over the pr~s~rv~ area by separate restrictive cc'.'enant s. '' ' 2. At the time tf S2P submittal, the ~e%i%icner shall prcvlde a we%land jurlsdic%icnal determination showing the SEWMD line and the ACOE 'ine. ~rior approval, ai! approved agency permits shall be submit ted. 3. Prior 5o final SOP a~proval, an e>:o~ic veueiation tn=_..= .... note sha~ be olaced on the plan, indicatinc zhat all exotic vegetation as Cefined by Collier County Land Development Code Section 3.9.6.,;.i shall be removed from the entire site and that the property owner shall be responsible for subs~cu~nt annual exotic removal pursuan~ to Subsection 3.9.6.6.5. of zhe LDC. BE iT EURTHER ~,ESOLVED that this Resolution be recorded in the minutes of ~' ' ~card. This Eesoluzion adopted after motion, second and majority vote. Done this day of , 1998. BOARD CF Z,~,,~,.G ;pn--,~, COLLIER COUNT':', FLORIDA 5ARBARA B ~=~Rv, Chairman ATTEST: DWIGHT E. 5RCCK, Clerk Approved as to Form and Legal ~ ~:~ ...... Mar]~ Student Assistan~ County -2- FINDING OF FACT BY COLLIER COUNTY PLJtNNiNG COMMISSION FOR A CONDITICNAL USE PETiTiO>; FOR CU- 98 - 13 The.=oliowing facts =~_-~ found: !. Section 2.2.2.2.2 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 A Cons~st~-~.y w~th the Land Development Code and Growth ,~,~, .~.~:~:~,¥ Management Plan: Ye s No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: ~.~ Adequate ingress & egress Ye s No C. Affects neighboring properties ~n relation to noise, ~{~[j~{l:~}.~ glare, economic or odor effects: ~ ~:~;~, No affect or Affect mitigated, by A~c: canno: be mitiga[ed ~:.,~..../. D. Compazibi!ity with adjacent properties and other ~+:?'~:i property ~n the district: "~"?'- Ccmoatibl~ us~ within district Yes No ~ Based on the above findings, this conditional use should, with .~'~: stimulations. , (coDy. attached) (should not) be recommended =or approva 1 DATE: C~I RM~: f/ CU-98-i~ FiI;DI~;G OF FACT EXHIBIT "A" LEGAL DESCRIPTION LEGAL DESCRIPTION: Section: 25 Township:., 48 South_ Range: ___._26 East Lot: N/A Block: N/A Subdivision: Nlra Plat Book: N/A Page #: N/A Properg.' ID #:_ 00191080007 Metes & Bounds Description: The west ½ ofthe noah____west ¼. of the northwest · ¼. less the north 100 feet. ofSe. ct~on 25. Tovmsh~ 48 South. Ran e 26 East. Collier Countv Florida. -- EXIfIBIT "B" DESIGNED/:OR: Commercial volume wood and yard wasle disposal, ;r~u~on and r~.d!ng. Also, fuel produdion tram slash, bark and flail , Foreslry, Package.) .' '' paj~s, go~r0menfeqfi~i.e~,' ~,,};~,:{~? ..'? ~ POWER 325-450 HP ~; conlradb~s a~d [°r"l ~odu~' ~' ;? r CAE Cummins or John Deere e su~ as brush, pallels,: ::/~::7'? . , ..... , .:., (depending on malarial) d yard wasle al raIes o~ 40-] 00'~ ~t, [r~al. b~Jng Pr~ass~d.' [[fed'iv*e~ gnnder, ~en equipped w~lh Morbark s '~. , '. ~ '~ TRAHSPORT Pintle h/Ich ry package, ~1~ process bark and · dnd "" ' . . . :.:~'.. .. 5thwheelonForeslryTub throw lhe malarial ,nfo a chip' , ....~..; '. .... .' . ~ . ~' 'cam "telyportable .,.,,au= any;,..~z~ng requ,remenrs.. , ,:.. '~ ~ 0f any lub'grinder in ils cJass on: .' full htdraulic ~ub tilt; ~PM s~ns~r: duo auger, ~ '~ ,. ~ ~ ,~-', . .~. ~,'..: ~-,' 7/16/98 ' ,.'' ,7 ~ To: The ~ of Collier Coun~ Commis~ionem From: The Residents. T~xpayers and Voters of W~dcrest Dr. ~d Acremak~ Rd. Subj~: Conditional ~pprov~ by th~ ~l~ng Co~ion o~ ~ill ~d operation ~t th~ corner of lmmok~l~ ~d. ~d Wo~cr~st Dr. At ~h~ H~n~ Commission m~ting on July ]5 ~ ~ ~ ~v~n to No~s ~d L~ce Bethel of Cape Cor~. The vote w~s ~ ~owing that this is a ~~ and one ~t we believe should not ~ ~pprov~ by the Bo~ of Coun~ Commissionen. The rea~ns that we believe that t~s p~j~t should ~ deni~ foUow: Incompatible use ~dth existing residential homes on Woodcrest and Acremaker Rd. Incompatible u~ ~Sth existing zoning (residential) on the west side of Woodcrest Dr. Incompatible u~ ~th the Future Land U~ Element (~UE) of the Gro~h Ma~gement PI~ (GMP). · Tra~c problems that air.dy exist on Immo~ Rd. will be ~her incr~d due ~"' to the nature of the ~8 wheelers at~al bed~ lm~c~ t~t ~11 be used to bring the logs /. onto the pro~y. This is an ~r~oiy dan0~rous s~ion of road wit~ ~' numerous a~iO~nta anO at I~8$t on~ r~nt d~ath ~ar to th~ ontran~ of Wooa~$t Dr, · The petitioner s~t~ in their appli~tion that 2 to 3 lo,rig tracks per hour ~I1 be entering and then tho~ 2 to 3 lo,rig t~cks will also have t'o exit. So instead of the 15 to 20 weekday trips th~ note in their appiication thee ~1 be 30 to 40 trips per week of large lo,rig t~cks. TMs ~uates to a 18~wh~ler ~tefing ~d l~ng Woodcrest on an average of eve~ 10 to 15 minute. TMs is only a two I~e ro~ ~th no slow down lane on either side of Immokalee ~d. M~, as you are aware Florida Rock is located only a sho~ distance from Woo&rest Dr. and that alr~dy crates d~gerous ro~d ~d driving conditions. · The petitioner al~ stat~ that they ~I1 be ~lling mulch and waste to US Sugar. The Planning Com~ssion did not take into account the additional t~ck t~c coming and going into and out of the prope~y that ~11 move the mulch to US Sugar. It is our belief that if the Pla~ing Bo~d had taken the~ additional trips into account that this may re~lt in a lowering of the Level of Se~ice (LOS). The advent ~ ~"~'~ .. r.~ '" ' of additional large truck traffic entering Immokalee will further increase the dangerous conditions for residents driving home on lmmokalee Rd. · Woo&rest Dr. is a private road that is constructed of dirt/limestone and cannot stand the strait, of huge. t)Otlt~itlg, h~zvy logging tntcicy. The road is in fair shape now and the massive amount of track traffic will further deteriorate the road. Even with the Plarufing Commission's decision to make the petitioner pave the entrance, the heavy logging trucks will further deteriorate Woo&rest Dr. ·The children that reside on Woo&rest and Acremaker will now have to dodge huge logginff trucks and the 12 yard dumptmcks that will pick up the mulch. · The level of danger will skyrocket for our school age children. The area in which students are picked up and dropped off by the counW .school bus will be industrial. These young children will be forced to walk along the narrow road with 18 wheelers inchesaway. ThechildrenarepickedupanddroppedoffatWoodcrstDr. atatime that will most likely coincide with the arival/departure of a logging truck or a 12 yard dump trucks. We the undersigned urge you to deny this project!! // ~ . 07/.24/i)8 16:11 FAX 94184,36988 COLI, IER CO CO){MUNITY DEV ~003/012 07/24/~8 ,1.5:$7 FAX TI~$ I.F~GAL SER VICES AGP, EEM. ENT (h~cinafler zet'erred to ~ ~e "A~ncnt") ~e ~d ~t~ ~to ~ _c~ _ day ofAu.~a~ 1998, ~ ~d b~ ~ BOA~ OF COU~ CO~SSION~ OF ('.OfJ.IE~ COUN~, Iz[.ORHJ~ (ht:r~aflcr reflexed to ~ ~ "Bo~d" ~or "County"), and ROBINSON & COI.E ~,, ~th offices at One Boron Place, Boston, ~ 0210 g Oereim ~ relied m as the "F~") . W~[~S, OtJ Jun,: 2, 1998 ~e Board nf Coun~ Co~Js~oners d~ec~ maW of thc Co~ty Dc~Iopmcnt ~ d F.n~ronrnental S~iccs Di~aion ("SIaW') to pr~are men.cots ~ ~ Comprehensive P/an ~n reduc~ d~si~ in bmh the [J[h~ and A~c~lturM/Rur~ ~U~s, to ~v~ga~ ~e po~fial of ~ Tr~fer of D~el~t ~[s ('IDR) Program thm~scd in and arotmd ~ [romance llrbm Ar~A arm tu pr~p~ an ~monomic an~ysis of ~c proposed ~ges ~I~F~, npnn ~e recomm~qd~ of S~ ~e County ANorm~ ~]rt thc Colli~ C~nty ~ M~ent Di 'emar, ~e Bo~d has dete~iu~ ~ it is in ~a Cotton's in~x~s to rct~n ~ semc~s of a leg;l cn~ulrant mid ~ m'~no~c c~m to assis~ ~:e Cotmty in as~ing ~e legd defen.~bil~ty of the Density/~dncfion A~dm~ts and r~otnmet~di~ ~uch ~e~ to the l)~ty R,,duc 5on Am~drncnrs ~q may be appropriate; Wt~RF~S, the }:hni of [(obiason & Cole is a n~OonMly ~c~o~d law fim~ ~ ~e~fi~c in the t~ings issue :~ hms 9~ficipat~ in thc d~dopmmt of su~e~sful TDI( program ~o~d ~e count-; 07/24/98~'18:12 FAX 9,116,136968 C0I,toI~R CO COXXUNITY,DE¥ ~004/012 07/24/98}:" 15:57 F~X ' '~ ~ ' ~oo3 ~~q, Dr. Jmnes Nicholas from ~c Univc~h~ of Florida spcci~s in cconomic mpam ~u~es and the devr lopmmt of ~ransf~ of d~m[ ~ pro~ and h~ worked "'~. ~h thc Fire in ~e dcvelogm~t of runny ofthe~ prog~s. ~'~ .... NOW, ~FO~E, ~c pmfiea her~, in ~nfid~on of the p~m~ses ~d thc ~v~ co--ed h~ mt~ly ~cc as ~ltows: The Fi~ i~ h~e~ ~ned ~ ~c Board m ~J~ Stuff rout the Board ~~on ~ ~a D~sity R~uc~ion ~&n~ts ~ rc~c~ cm~ in thc K~it~s hc~e~ove. '."~' B. 'Dm Firm ~kdl reGew all do~mm~, ~pondmce, ~~tiom. etc., cormc~on ~th and ass~ ~. the preparation of dm Dem~ty ~ducfian ~cm&n~ts and ~ou~ Jhe ~hsmncx~ of J)r Jam~s Ni~ol~ from ~e U~v~siW of Horid~ p:ep~e ~esas~ene~ss~ytoa.,sc~clcgddcfcmsibilityofth~D~,yRedu~on~emhmmt~ and ~e appmphate recom ~cmdafiom in ~ntmctitn ~lh s~ch Am~dments. C. 2~ Board ~reby a~ees m pay ~c Firm ~ compc~ion for sc~*s r~dct~ at · e F~'~ cu~t hourly rat :s. an ~ount not to ~cd $60,000, plus ~cs, to be b}ll~ and p~d ~ a money basis. 'l he Firm's c~unt }murly ~ates far p~ners w~ may work on D~ity Re~on ~dm~ nt5 ~m~gc from $210 ~o S280, tbr associates, from $i30 to $180. and . for paraleg~ u~e ~aly~ ~, flora Sg0 to $110. D. ~ Board he'eby ~ees tn r~burse ~c Fire tbI a~M costs in~tud inclu~ng corns nf out-of-coumy ~avtl, ~ili~, c~pies, fac.~imilcs, telep~nc ~d do,taunt ~c~c (e.g., "Fed~al E~r:ss", ~c.) in~ed p,rsu~t to ~ A~e~t, provided ~at such cos~q are suppomed by appro.~fiate doo~tion ~bmitt~ to the Co-ununiw Dev~opm~t and ~meatal S~ices Di~ion ~d zevi~ and app~ove~ tbr legal gufficim~ by ~e Cotl~ ~tom~. The use of a mult:p~ ~r tbcsc expense,qprodu~nn ~q ig not ~l~ed. Pm di~ 07/24/98 16:12 FAX 9416436968 COLLIER CO CO)D{UNITY DEV ~005/012 07~24/9~ 1:~:57 FAX ......- , and travel expenses will b,: mlmhursed in accordance with S~:tion 112.061, t:lorida Statutes, entitled Per Diem and Trav, 4 Expcnsc~ of Public Officc~s, Employees and Antho~iztut I~ca~ons, a~ amea-ded. This rcquiremerrl cm'nmtly include~, but is not limited to, ezrpen.ses such a~ automobile travel expen.~es rcimbu, scsmtrt at $0.29 per mile a.mt meal c-~x'pm~'~ reimbursemcmts ax Iht: following r~tes: Bmakfast $3.00 Lunch 5; 6.00 . Dinner 5; 12.00 E. ^ .~aternent )r invoice £or leg, al services and direm c~ incuJred by thc Firm shall be bill~:d to the Cnmmunit! D~.,clopmma and Ew,4ronmt'~tal Servicts Div/sion on a monthly basis. All invoices shall cortain, ~t a minimum, thc folltr~,mg information: 1) the propea' name of the pa~'eo as it t~ppcars in lhe Agreement, 2) the date of the invoice; and 3) thc dcsc~[p~iou of ~-~vices and the time petit d in which billable serrvice~ were ~cmtmed Ail paymtmts and thu ~e~olution of any di.sl~utes ~ gardmg such arc subject to and shall bc pmc~ed in acco[dance wiHt Parr VII or' Ch~pr.~r 218, }]orida Stand/es, t]thcrwi.q~ known a.q 'Thc Fltarid~ l~rompt Paymm~t F. ~lqac Firm stull be solely rcspon.sihl~ to pa~tie~ with whnm it sh~ll deal in carrying out the term~ of this Agrc mae. et and shall subcontract to D~ lam~s Nichol;ts sarah ecmnc~mic analysis as is neccs.~y fo' the Firm to preform iv.s responsibilities to the Board under this Agreeing-et. The Firm shall cm~y I.awyer's Professional Liability imvmanc, e. m an arm~mlt not lc~s than $500,000 per occurrmtcc. AJ~ insurance certificate e~dencing Otis I.aws'er's Professional Liability insur-arrce rcquircn trot s.hall be tt:nderad to thc Risk Mana~;cmerrr Dcpartme. at within fomtcen (14) days of thc da~e. of'this A~cc-mc~t 07_/,24/98 15:12 FAX 9~16436088 COI,I.IE~ CO CO~)H.;NITY DEV [~006/012 ~005 OT/2~ 15:57 FAX Cu~cnq ~lid im~u'ancc polJ~O~) morning thc rcq~fir~t hc~cln identified ~h,~l be m~ed By ~e Fi~m dnEng ~e d~afion offs A~t. ~al cartiere(s) shall be sent to ~c County t~ (10) day;) prior to ~e mxpJration date(s) ~ ~y tach poh~i~). Thc~c s)mll be a ~ty (30) ~y no~fion to the Board in thc event of c~htion c~r modification of a~y ~p~tcd i~u~ cov~ ge. (3. ~is A~ce~ ~mt shall be ~ni~tered on b~ of ~ ~ty ~ ~ Com~rm~fity D~dopmcnt ~d Fmvironr ~t~ Se~ces DiviJon m coordi~fion with t~ County Attorney. Thc Fire a:%ees to obtmn ~d pay fo~ ali p~mim ~d licenses n~ss~ for the condu~ nf ins business ~d a~ees to cornply ~ ~I Jaws governi~ cnnploy~ ~& ~uspcct to p :rsons cmplo)md by ~e ~. 'I~ ~ s~l ~so be soldy tesponslblt: for pa~ncmt of any and ~l t~es l~ed on thc t:~m ~ addition: ~, tc%mlatiomq ~d laws ~Cnlli~ County, thc S~te of~o,ida, or ~e ILS. Govemm~t now in force or h~a~n aflopmd f. FJ~er ~2' may resinate this Al%ee~nt for convmmce wilh forty-five (45) da% wfi~e~ nnficn to 0~c olhe~ p~. The p~ies good Eqi~ &n4ng the fb~ty-five (45) day p~d afire ~y notice of inter conveni~c~ ~ be~ gi'tcn ~e Cowry mse~v~ the immediately, for cause, up*m ~ ~ficc to the Fi~. J. Not~t~ding ~e k'hm% obligation und~ ~s AgAcmtmmt tn pr,~dc profe~do~ leg~ ~s to tbe'Co~W fo: thc spt:rifle c~es idcmfified ~ l'~m3~pk~ A ~ B of ~ A~em. the Coum ~ ~owl~gcs a~ a~s ~at ~ ~e ~my on ~y matttws or in ~y ~s~s that ~e unr~:lated to ~e ~cs idc~fifi~ in Paragraph A 4 and B o£I. lai$ Agreeme. axt ant hereby expressly waN~ any claim of conflict oflnter~t in any aad ~I1 such cir~cazs. IT IS FURTtl[EK UNDERSTOOD AND AGREED, by a. nd bet'~veen the parfie_q here/n, that the Aom-eernent is subjec: to annual appropriation by the Board 0fCounty Commir,.sionms. ]'N WITNESS WtE:.REOF, the Firm and thc Board have each, respectively, by an authorized person or ageak hertmnclex .q~ their hands and aeals on thc date and year first above writtem. _C-*z(r.~2;___ y: Brian W, Blaez~er ~ 0__.I Its: l'~tne, ATTEST BOAR~D OF COD-NTY COMM-ISSIONF_RS ~' DW'IGHT BROCK, CLERK COr. I.IER COUNTY, FLORIDA %ligature 0nl$. Ba~h~ B. Be~ry, Chai~---'xTan'--~ ~ , Approved as to form and /JOZWalker, ARM -- _~ff~~ RJ sk Manage. motor Oirec tot County Attorney -~) Community Devdopmem & F. mdr~nmc--nt al Services A. dmlnist, at~r I,tl'iSOI.UTION NO. 98- 2.73 :\ U'TilOi,tlZIN(; TIlE I)EFERRAI, OF I.IIIRARY .%YS'I'I(~I I.~IP,\CT FEES. PARKS AND RE(TRI-i,VI'lf)N,\I, \VATEI¢. i~It',\CT I:EES. SEWER Fi~IPACT FEES. FEES. AND EDUCATIONAl. FACII.IT1ES WItEREA.5. ('tdlJcr ('otml~' h;.is rcc~gni,'cd and miCmlXcd Io atldrcs,, Ibc lack ,I' ~tlc~.ltl~ll,.z and policy 2. ix', hi' thc I Iousm.~ F. Icmcnt: \VhJstlcr's ('-',c .\partmcnts. a x',~o hundred ;u'~l l'cntv 1241)1 imit al'l~rdahlc rc'ntal \VttI'~RI!.-\.S. m December I,k, 1997. an aptddculmn ',',a~ filed v, ith thc ('otxtltv Ordmzmcc N~. xX-~?, a~ amended: ~cclion 4.f ~ -l' gtc Parks ~tnd Rccrcaliom~) I',cilhics lmpacl Fcc Ordinance. ()rdinancc No. ~X-U6. as amcndcd: Scclion 3.J~4 ,l' fl~c R~x~d lmpucl Fcc Ordin~ncc. Ordhxmcc No. ~ ~ ~---. a~ ~m~cndcd: ('~dlicr (.'OtllllV r)rdimmcc No. 9U-XT. as ,m~cndcd. II~c ('oilier ('~mmv Sc~vcr System Impact Fcc ~)rdhmncc: of Ibc l~mcrgcnc> .Medical 5crxiccs 5Fx~cm hnpacl Fcc Ordin:mcc, Ordimmcc N.. ')l-TI..,~ Ordinancc No, ')2-33. as amcndcd, an applicant may obtain a dcfcrrul of one hundred percent (100%) of impact I~cs Ibr a period oFsix (6) years hy~ ualiffying for said deferral: and XVtlH RI~..XS. Whistler's (.'ore ..Xpanmcnts has quali fled for upon thc Ibiloxx m~ representations made b)' ,.~ flbrdable Whistler's ('o~ c. [.Id.' ,.M The D~elling Unit shall he thc permanent residence Ol'lhc B. '[ hc household rcnting thc [)x~clling Unit must have a xcrv Iow or low income level. at the commencement of the Ic~tschold nnd duration thcrcol~ thc .Appendices to thc rcspcctivc Impacl Fcc ()rdinanccs and the monthly rent must be x~ithin thc al'fi)rdablc housin~ guidclh]cs established in thc ..~ppcndiccs to Iht rc~peclixe Impact Fcc Ore inanccs. ('. -~ he [)~clling Unit shall remain aFfi~rdab~c lbr al le;t~t thc cc[lil]cal~ ol'occtq~aHcy ~as issued. 1. m}]~ l~o~ll'[j off 'OLlIl[¥ ('oI11111~SSlOIl~'rg hcrchv ittllllori/cd the dclgrral by al'tgrdablc h~msing units to bc developed by ,,Xflbrdablc'Whistlcr's ('~vc. lad. as idcntil]cd l~xhibit ",,~": a} l.ihrarv System llllpact Fees S IS5.52 5 43.324.g0 (I'22 - I & 2 Story [~llils) ( 48 - 3 Story t;nits) 935.00 227.r,64.~0 c) P:~rks & Recreation Impact Fccs ('Oml~tlnitv Parks 399.()(I Regional Parks 1 7').ttc} d) ffmcrgcncy Scr,'iccs Inil~aCI Fccs 2 t ) c) Scxvcr Impact Fees 1.340J)0 321 O Water Impact Fees 900.00 2 I g) School Impact Fees S27.(~0 ~~()(M TOT.,kl..ASI(}UNT I511).A(71' I:~iI'~S [}l';Fl';liRkil) S1.141.236.80 2. :X) In c()mplhmcc wifl~ Ibc provision of thc Collier Cotlllly illlpilcl I~'c ordillallCCS. AfVordable/Whisller's Cove. Lid. has dcmonslralcd to thc Courtly lhat :t st~hordinalion ol'lhc COLHIIy's rights, intcrcsls and lien is necessary Io obtain financing for thc Whistler's Apamnems. an affordable houshlg projecl consisting oftwo hundred and tbrly muhi- flintily dwelling units: and B) In compliance with the provisions ol'fl~c Jlllp;icI Iku ordinances, the Owner will deliver to thc County substitute collatend in thc Ibrm of cash ami ;I cash equivalent lin:mci:ti inslrument payable to thc Cotmty which together will yield lo thc ('mlnly thc Full of the del~cd impact tges. i.e., thc sum of One Million (/mac IhuMrcd I:orly-(lnc Thousand. Two Itundrcd Thirty-Six Dollars ami 81)'l~]n 1SI.141.230,81~) m the expirati~m of thc perind of the dcfc~al. Fcbruao, 15.21~15. ] I em. ;~ United Slates 'l rcasu~' Zero Coupon Bond which ,aill mature at the end of the dclZ'mll pcri,M. Fchrua~' 15. fees. ('oumv co~ cnanls and agrees that it ~ ill not negotiate ibc JlOIlO IIIIICSS alld Until thc dcl~rrcd m~pact fccs become due add payable pursuant to thc terms o]'l]~c Agreement If}m;. Deferral of ('oilier County Impact Fees amid that all moneys received hy ncgotiatJ{m of the bond shall be upplied lo Ibc payment of said deferred impact Fee ob]i~atim~ t~wing by Aflbrdahlc Whistler's Cove. Ltd. C) Thc County hereby covenants nnd consents and agrees thru ils rights, interests and lien pursuant Io the Agreement shall be subnrdhmtcd Io Ibc lien nf thc Morlgagc :md Security Agrccnlcnt ("Mortgage") and other docttlllCllts cxccLlJcd by Ow~lcr i~ consklcralJon thcrcwJlh 2om AFffordahlc,'Whisllcr's Cove, I,td. Io Collier County Ih)using Fhmncc AtHhoritvorothcrprimarylcndcrsinthclwh~cipalanmunlot, up to Two .M il lkm Dollars (S2.{)O0,OUOh and Florida l lousing Finance Corporation hi the principal amount of up Thirlccn Million Two lhmdrcd Thousand Dollars (SI3.200.0UO) plus accrued interest and all advances attthorizcd under thc provisions of such mortgages. Thc Cotmty will eXCCLIIe StlCh st~bordination agreements as nlay bc reasonably required by said n~ortgagccs. ~::, 3. Dct3md of said impact fees is subject to and contingent upon execution and rccordatinn of an A~rccmcnt fi~r Del~rraI oFC'ollicr ('Otlllt3 Imnpact Fees '.~tnch shall hc entered intn bctxvccn thc applicant and Coui}ty. 1 A2 This Rcsoludon adopted aflcr rr~otion, sccond and majority vole favoring same. DATED: ATTEST: BOAP, D OF COUNTY ('OMMISSIONERS Dwight E. Brock. Clerk COLLIER COUNTY. FI.ORIDA )/ // "' " BarbaXr, o B. Berry. Attest as tv Chairman's ~lgnature Approved as ~o fo~ and legal sufficiency: Assistant Courtly Attorney jd'gm'c v, histlcrscove ,\PPF;NI) IX Thc subject property being 24.00 acres, and {ocaletl ill Section 32. Township 50 Noulh. ami Range 26 East. is described All that pan oF Section 32, Township 50 South, Range 26 East. lying North ami East, of thc Tamiami Trail (13,S. }lighway 411. ('oilier County. I:lorida. l,li~S ,XNI) fiX('iiWI' a parcel described as {bllows: Beginning at tho intersection of the No~h line of said Section 32 with thc Northeasterly r/ghl-of- ~'ay line of the Tanminmi Trail (U.S. }lighway 41), run No~h 89"57'30" Enst IS8.80 feet thesa{dNo~hlineofScclion32; lhcncogot:th58018'30.. Wes{ 147.09 feetlolhcsnid way line: thence North 30~31'30'' West lO0.00 feel along said right-of-way linc lo thc point beginning. I ....... 2355964 0R: 2448 PG: 3460 I~?~0~HC~ 4~ ~L00t 0~/0~/~ ~t 02:UP~ D~IG~ ~. ~R0C£, CL~ HC ~H 42.00 COPIES 9.00 AGREEMENT FOR 100% DEFERI~AI, OF COLIAER COUNTY IMPACT FEES This ^grccment t~r thc Deferral of Impact Fees entered into this ._//d 1998, by and between the Board of County Commissioners off Collier County, Florida, hercinaficr rcfcrrcd to as "COUNTY" and Affordable/Whistler's Cove, l~td. hcrcinaftcr referred to as ' O\\"NI{R". WtIEI*,EAS. ('oilier County Ordinance:No. 88-97. tis amended, the C'otlicr ('t)unlv Library System Impact Fcc Ordinance: Collier County Ordinance No. 88-)o, as amended, thc Collier Counly Parks and Recreational Facilities hnpact Fee Ordinance: ('ollicr ('ounty Ordinance No. 91-71. as amended, the Collier Counly Emergency Medical Services System :~.,. Impact Fee Ordinance: ('oilier ('ounty Ordinance No. 92-22. as amended, lhe ('oilier County ~.. Road Impact Fcc Ordinance: ('oilier County Ordinance No. 9~-ST. asamcntlcd, thc ~,:,,, County Water System Impact Fcc Ordinance; ('oilier county Ordinance No. 90-87. as amended, thc Collier county Sower System Impact Fee Ordinance; and Collier County Ordinance No. 9_-_,o, as amended, the Collier Cotmty Educational Facilities System Impact Fee Ordinance. as they may bo Further amended fi'om time to time hereinafter colic(lively referred to as 'I rip(ct Fee Ordinance", provide lbr deFcn'als of impact /kcs lbr new owner-occupied dwelling units qualifying as aflbrdablc housing; and WHEREAS. Aflbrdablc/Whisllcr's Cove, IAd. is thc duly autlmrizcd with '['odd ,. Borck as President; and -, WI-tEREAS, Aflbrdablc/Whistlcr's ('ovc. [,Id. has applied IBr a dclkrral off impact foes as required by tho Impact Fcc Ordinance. a copy of said application is on file in thc ,;,., }lousing and Urban Improvement l)cpartmcnt; and ;';' ~VIIEREAS. the County Administrator or his dcsignec has reviewed thc OWNER's ,,,,,z/, application and has found that it complies with thc requirements fbr an af~brdablc housing deferral; of impact fees as established in the Impact Fcc Ordinance; and \VtlEREAS. thc impact Fcc deferral shall be presented in lieu oFpaymcnt oFthc requisite impact t~cs subjcct to satisfaction oF all criteria in tl~c Impact Fcc Ordinance qualifying thc project as eligible lbr an in]pact l~c cloistral; and WItEREAS. thc COUNTY a~provcd a deferral of impact l~cs in thc amount oF Million One tlundrcd Forty-One Thousand Two tlundrcd Thirty-Six l)ollars and 8(}100 (SI.141._~6.80) fi)r six years ICom date of ccniticatc of occupancy Ibr Whistler's ('ovc )8-¢~ff~,. al its regular mcctin~ Apamncnts embodied in Resolution No. t ~ ~ WJlEREAS. I}1c Inlpact Fcc Ordhlancc requires lb'dj Iht ()WNIiR enter Agreement with thc COUNTY. NOW. TItI:REFORE, in consideration oFthc lbrcgoing recitals, thc parties covenant and agree as ~bItows: I. RECITALS INCOR['ORATED. Thc tbrcgoing recitals arc true and correct iliad shall he inco~oratcd by reference herein. 2. LEGAL DESCRIPTION. Thc legal description of tho dwelling units (thc "Dwelling Unit") is attached hereto as Exhibit "A" and incorporated by rct~rcncc herein. 3, TERM. OWNER aurces lhal thc I3wclline Unit shall remain aflbrdable and shall be offcred lbr rent in accordance with thc standards set Ibrth in thc appendix to thc Impact Fee Ordinance For a minimum of flacon (15) years commencing l?om thc dale a cc~ificatc of occupancy is issued lbr thc Dwelling their. 4. REPRESENTATIONS AND WARRANTIES. OWNER represents and warrants thc Following: a) Thc Dwelling Unit shall bc thc pcrnmncnt residence of thc occup:mt/tcnant. b) The hOtlSC]lo]d rCllling thC Dwelling Unit nlust have a very low or Iow inconlc level, at thc commencement of thc leasehold and duration thcrcoL as that term is defined the Appendices to tile rcspcctivc In]pact Fcc Ordinances and thc monthly rent must bc OR: 2448 PG: 3462 ,,r, withir~ Ih¢ af'Fordal'~l¢ hcmsin~ ~uicl¢lincs ~stahlishcd in lh~ Al~pcndic~s Io . respective Impact Fcc Ordinances. c) The l)wclling Unit shall remain affordahlc ibr at least titiccn (151 yc;u's Ii'om thc thc ccmi ficatc el'occupancy was issued. 5. SUBSISQUI~NT Rt~N'I'AI. ()R TI{ANSFI'5R. If OWNHR runts thc l)wclling subject to lbo impact I~c dclUn'al to a stlbSCClUCnt renter, Ibc Dwelling th}it shall bc rented only to households moctinu thc criteria scl Ibrth in thc Impact Fcc Ordinance. Thc impact fees deferred shall be immediately repaid to thc ('OUX'I Y upon thc discontinmtncc use of tile Dwelling Unit as aflbrdable housin-. =. or six ,years t?om Iht date such impact Fees are dcl~rrcd, xvhichcvcr occurs first. OWN[iR agrees that cron though thc impact Fees have boon repaid to thc COUNTY, the OWNER will utilize thc Dwelling Unit affordable housing fi)r at least fifteen (I 5) years From thc date thc ccrlificatc o(occupancy ~= was issued lbr tho Dwcllinu Unit. 6. LIEN. Thc dcl~rrcd impact floes shall be a lien upon thc properly which lion may forccloscd Lq>Oil ill lbo cVC~lt of non-compliance with thc rcquircmcnts of this Thc COUNTYacknowlcd,,cs= andagrecslhat: (a) In compliance with thc provision of tho ('otlicr ('otmty Impact Fcc ()rdinanccs. OWNER has demonstrated to thc COUNTY that a subordination of thc (;otullv's rights, interests and lien is necessary lo ohlain tinancing lbr Whistler's Apamncnts. an affordable housing project consisting of two hundred forty . units; ami . (b) In compliance with tiao provisions of the Impact Fcc Ordinances. the OWNER will Ji'~ deliver to thc COUNTY sul, stitutc collateral in tim titan of cash and a cash equivalent ~ financial instrument payable to thc County which together wilt yield lo thc "' thc filll amount of thc deferred impact IDes. i.e.. thc sum of One Million . Hundred Forty-One Thousand Two t ltmdrcd Thirty-Six Dollars iHld (51.141.236.80) at the cxpin~tion of thc period of thc deferral. February 15, 2005. i.e.. .... OR: 2448 PG: 3463 16 2, i ~¥~/: a United States Treasury Zero CotlpOll Bond which will maturc at thc cml of thc ~,~ dcfemfl pcriod. Februa~ 15. 2005 and. upon maturhy, would yield an amotmt cqtm} to the 2~;~ot~nt or thc tlct~ctl ~cs. COUNTY covcnants and agrccs that it will not ncgotiatc ~'..,c ~ bond tmlcss alld until the dcfc~cd impact fccs bccomc duc and payablc pursuant to Il]is agrccmcnt and that all moneys received by negotiation of linc b,md ._ shall hc applied to thc payment of said dcl~rrcd impact Fcc ~bligation owing hv Affordal,lc.,'Whistlcr's Cove. 1,Id. ~:~' (c) Thc Cotmtv hcrcbv covcnzmls and consents and agrccs lhat its rights, intcrcsts and ?' lien pt~rst~ant lo this agreement shall bc subordinalcd to thc lien ()i' thc Mortgage and Security ,,Xgrccmcnt (".Xlort~:t~c"} and olhcr documcnls cxccutcd I>x' OWNIZR considcratitm thcrc%vith from zXl'tbrdahlc,'Whistlcr's Cove. I,kl. ti) ('oilier C't)unty t tousing Finance Authorily. t~r othcr primary lenders in tl]c prh]cipal alllOttllt ~ Two Nlillim~ Dollars (S2.()0~).(}00). and Florida t lousing Fimmcc ('orporation in thc ~ principal alllotlnt ot' tip I(~ Thirtccn Xrlillion Two J lumlrcd '['lmusand l)oll:,'s (S 13.200.0(1U). plus accrued intcrcst and all advanccs autimri/cd under thc pr(~visitms oF such mm'tgagcs. Thc C()[JNTY will execute such subordin:ttion agrccmcnts as may be reasonably rcquircd by said mortgages. 7. ANNUAL R[{P()RT. Am~ually. thc OWNER ol'lhc Dxvclting Unit shall provide to thc ; County Manager an aVl]davit of compliance with thc aFfimlabtc housing qualil~catitm ~,..; criteria and standards set tbrth in thc Impact Fcc Ordinance. Said affidavit must bc filed within thirty (30) days o1' thc amfivcrsary date oF thc issuance of linc certificate }~ occupancy. If flit income of any unit rcnlcr which originally qualificd as low income ~:~ Icvcl as dcfincd in the rcspcctix'c Appcndix to thc impact Fcc Ordimmcc h~crcascs hv more than fi)fly pcrccnt (40%) above thc Imv income Icvcl dcscribcd in thc ;d[ . then thc pcr unit deferred impact lkc on thc non-compliance unit shall hccomc _:. immediatclyducandpayablcbv OWNERor, in thc ahcmativc, thc()WNlSRshallhavc 4 OR: 2448 PG: 3464 ninety (90) days to comply with thc Affordable tfousing guitlclincs scl [brth in thc rcspcc ti ye A p pc nd ices. 8. RELEASE OF I.II~N. Upon satisfimtorv complction of thc zkurcclllCllt requirements. upon payment of thc defcrrcd impact ffccs, thc COUNTY shall, at thc expense of COUN'FY, record any necessary documentation cviclcncing such payment, including hut not limited to. a release o1' lien. 9. BINDING [[FFECT. This Agrccmcnt shall bc binding upon thc parties to this Agreement. their heirs, successors alld assigns. In thc case of sale or tr:tnslkr 1~5' uifl o~ the Dwelling Unit, the original OWNER shall rcm:fin liable fi)r thc impact iLcs dcl~rrcd until said impact Fccs arc paid in 10. RECORDING. This Agreement shall be recorded by OWNER ;tt the expcnsc OWNER in thc OflScial Records of Collier County, [:lorid:t within sixty (6{)) days execution of this Agreement by thc Chairman of thc Board o ffCotmty Commissioners. II.DEFAULT. OWNER shallbeindefimltofthisAerccment(l) whereOWNl~R lhils rent thc property in accordance with thc aftbrdablc housin,g standards and qualilScation criteria established in thc Impact Fcc Ordinance and thereafter thils lo pity thc impact dtlo within thirty (30) tlilVS oF notice o1' said non-complirmcc, or (2) where OWNIiR violates one of thc aflbrdablc housing qt~alification criteria in thc Impact Fcc Ordinance for a period of lSflccn (15) days after notice of violation. [[owcvcr, with respect to thc Annual Report, O~VNER shall not he in defimlt of this A~rccmcnt until a fifteen (15) d~v grace period from thc title date of thc report hits lapsed in thc event thc ()WNI~R is d c ifa u 1 t. 12. REMEDIES. Should thc OWN[~R of thc property fail to comply with thc said qualification criteria at ally time during the filicen (15) year period or should OWNIiR violate any provisions oFthis Agreement. thc impact Fees dcl~rrcd shall bo paid in full hv OWNER within thief (30) days of said non-compliance. OWNER agrees that thc impact fees deferred shall constitute :t lien on lhe propcny commcncin,, on thc cfl~ctivc date OR' 2448 PG' 3465 this agreement and continuing until paid. Except as set Rmh in Section 6. such lien shall be superior and paramount to lhe interest in thc Dwelling Unit oF any ownc,'. tcnant, mortgages, or other person except thc lien for County taxes and shall bc on parity with thc lien of any such Cotmty taxes. Shottld thc OWNER bc in dcfimlt of this Agreement and thc dcfimlt is not cured within thirty (30) days after written noticc to thc OWNER. thc It{mrd mavbrinM:tcivilactiontocn2~rcctl~cAMrccmcnt. In addition, ti~c licn may hc Foreclosed or off, cruise eriC, reed by tile COUNTY hv action or suit in equity as for thc fi)rcclosurc ol'a mortgage on real property. This remedy is cunmlativc with other right or remedy available lo ll~c (OU~ lb. Notwithstanding thc lbrcuoinu, thc COUNTY shall realize upon thc collateral given to it by )%VNkR as described 6c prior lo cxcrcisinu any riuhts to recover ;t~ilillSt property. Thc [~o;trd shall bc cntitlcd to recover all t~cs and costs, including allomcy's fees. plus i~llcrcsI for judgments calculated on a calendar day basis until paid. IN wI'rNESS WI IEREOF. thc parlics Jlavc executed this Agreement lbr dclQrral of Impact Fees on thc date and year first above written. (2) Witnesses: OWNER: Print Name ~._~ /~Z/Z~& ltv: WfIISTI.ER'S COVE. Its (}choral Parlncr Print Namc__~..:U_>~',~_ i..- / w~:~ Todd l.. Borck. lh'csidcnt - ,' COUNT'F: DATED: ~/;. ATTEST: t~O,,\RD 01: COL;N'["F C_7().~I.x. IISSIONI~R,% DWIGHT E. BROCK, Clerk OF COI.LIER COUNTY, FLORIDA ~ -// ' Attest as to Chairman's signature only. ,~,~ ' ,. OR: 2448 PG: 3466 :. Approved as to form and · ¢;~" legal sufficiency Heidi F. Ashton Assistant Count,,' Attorney )'7 STATE OF FLORI DA Thc foregoing instrumcnt was acknov,'lcdgcd before rnc II'tis ,5:,"~,-,4~d:.ty o£ 'JL'~. ,-[ . 1998 by Todd L. Borck, F'rcsidcnt of \Vhistlcr's Cm.'c. Inc., General Partner of' Affordable/Whistler's'Cove. Ltd. on behalf of thc F'artncrship. !-I...~c~5. p_crsonally known to mc or has produced ,' ,,,' ,'; (lvpc of identification) as identification. Signature of pcrso, n ,u,!~ki~'~djX.~{mwicdgmcn! t", t,D Con-t~ ss,of CCRM473! Name of' Acknowlcdgcr Typed, Printcd or Stamped jd/c/v,,'histl er'stove a,.:rccmcnt ?'~' '-', OR' 2448 PG: 3467 '~'~ 1 6 I.EG.X[, DESCRIPTIOn' wIlI.ST!,ER'S COVE The subject propcr~y being 24.0/I acres, and located in .,_, Township 50 South. and Range 26 East. is described as: Ail that part of Scction 32, Township 50 South, Range 26 East, lying North and East. of thc Tamiami Trail (U.S. l fighway 41). C,olI~cr County. Florida. LESS AND EXCEPT a parcel ;,~¢. described as follows: ~v:~?~' Bcginning at thc intersection of the North linc of said Section 32 with thc Northeasterly right- of-way linc of the Tamiami Trail (U.S, }{i~hwav_ . 41), run North 89"57"(_~ )" [~ast 188.80~ ' ' I~ct . along thc said North linc of Secfion 32; thence Soulh 58°18'30'' XVest 147.09 Feet to the said right-of-way line; ii, once Nonh 30'31 '30" West 100.00 feet along said right-of-way linc to the pobt 16A3' I~[ESOI.UTION NO. 98-_ 274 :\ RESOI.UTION BY 'FILE COLIAER COUNTY BOARD OF COUNTY COMMISSIONERS TO EN'FER IN'FO AN URBAN AND COMMUNITV FORESTRY (;RANT ,MEMORANDUM OF AGREESIENT WI'Fll TIlE STATE OF FLORIDA, i)EPART31ENT O1: AGRICUI,TURE AND CONSU3IEI{ SI';RVICILS, DIVISION OF FORESTRV. WIIEREAS, invasivc exotic vegetation such as Mclalcuca, Brazilian Pepper and Australian pine pose a serious threat to the unique ecosystems o[Collier County; and Wil EREAS, Collier County desires to make the public aware of'thc threat from invasivc exotic vegetation: and WIIEREAS, ('oilier ('(mntv desires lo apply fi~r an Urban and Commtmity Forestry Grant which would pro,. ide monies to modi~', rcproducc and distribute its brochure, "Exotic Plz, nt Rcmovzfl": ;.tilt\ WII EREAS, (;oilier County wishes to enter into an Urban and Community Forestry Grant Memorandum of Agreement bctwccn Collier County and thc Fh)rida Department of A~riculturc and Consumer Scrviccs. NOW, TIlEREFORE. BE IT RESOI.VED BY TilE BOARD OF COUNTY COMbIISSIONERS OF COI.I~IER COUNTY, FI.ORIDA that I. Collier ('mmtv suppt,rts thc dcxclopmcnt of an educational program to make people aware of thc problem a~ld control ofinvasivc exotic vegetation; mid 2. The Board of County Commissioners authorize the County Administrator to enter into an Urban and Community Forcst~ Grant Mcmorandum of Agreement between Collier County. Florida and thc Florida Department of Agriculture and Consumer Scmices. This Resolution adopted after motion, second and majority vote this /~' %' clay of ATTEST: DWIGItT I']. BROCK. Ct.[:A~,K BOAI~,I) OF COUNTY COMMISSIONERS COI.I.IER COUNTY, FI.ORIDA /Deputy Clerk .... ' BAI(5~RA B. BERRY~'I~X ~l~nature c,:,~y. Approved as m Form and legal sufficiency: ! FIP, ST AMENDMENT TO 1998 AGREEMENT BETWEEN COLLIER COUNTY .AND NI:XRCO ISLAND CltAMBER OF COMMERCE, INC. RF. GAR, DING ADVERTISING AND PROMOTION ~' THIS FIRST ,.\.\IENDMENT TO AGREEMENT, is made and entered into this.-2; ; dav. of//.~ · . . . 1998. bv and between Marco Island Chamber of Commerce, Inc., a Florida ~ corporation, on behalf of' thc Marco Island and Everglades Convention and Visitors Bureau, ,~ hereinafter referred to as "C_,I~..,\~N ...... I EL' and Collier County, a political subdivision of the State of Florida, hereinafter rtl'erred to as "COUNTY." : RECITALS i WHEREAS. the COUNTY and the Marco Island Chamber of' Commerce, Inc. entcred i. into a 1997 Tourisn~ Agreement dated August 5, 1997 (the "Agreement") in tile amount of ~'" S436,8000; and Fi WHEREAS, thc Marco Island Chamber of Commerce, Inc. has rcqucstcd an extension to '~ thc tem-~ of the Agreement: and · WHERE,,\S. thc CiO ~N'l'5' agrees to thc requested extension. V, I FNESSETH: NOW. TttEREFORE, BASL:D ON 'File MUTUAL COVENANTS tlEREIN AND OTftER VALUABi. E CONSIDERATION, IT IS, IU FUALL5 AGREED AS FOLLOWS: I. Section 14 to tim ,.\grccmcnt shall be deleted in its entirety and replaced with the following language: TERM: This Agrecrncnt shall become effective on August 5, 1997 and shall remain effective until September 30, 1998. Any fi~nds not used by GRANTEE during thc term of this Agreement and any extension thereto shall be available for future applicants. ,. 2. Except as set Ibrth hcrcia, all of tile terms and provisions of tim Agreement shall I remain in full Corec and cfl'cct. [ IN WITNESS WItEREOF. tim GRANTEE and COUNTY have each respectively, by an authorized person or agent, hereunder set their hands and seals on the date and )'car first above written. DATED: FJ'/'~/>',''',~'~.' I:IOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA Z.-7 - . .......... ..:--. :~ ~ -. , ..... ~ ,. ~ ..... By: . ~nature onlj. WlINKSSKS: (;RA~TKK Marco Island Chamber of Commcrce, Inc. I'n~cg~y~d Nan~f oI ' ~; ...... Prinle~yped Na~ Printcd'Fypcd h'a~ (corporate seal) Approved as to form and legal sufficiency t ~; ] · / ,'",, :[ ;,?j, ,, Heidi F. Ashton Assistant Count.,,' Attorney h:hg~hfa"98 Irc agr~¢rr~nt/I ~' ,'~rv,,,.:~d .',la:,.() I,land ( hah:bet ,ul ~ 'omm,:r¢¢. ~n¢ FIRST AMENDMENT TO 1997 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND VISIT NAPLES, INC. REGARDING ADVERTISING AND PROMOTION THIS FIRST AMENDMENT TO AGREEMENT. is made an(t entered into this 4."' day of , ~////, ? , 1998, by and between Visit Naples, Inc., a Florida corporation, hereinafter referred to as GRA~ .TEE and Collier Count,,', a political subdivision of thc State of Florida, hereinafter referred to as "COUNT\'." RECITALS WHEREAS, the COUNTY and the Visit Naples, Inc. entered into a 1997 Tourism Agreement dated August 5, 1997 (the "Agreement") in the amount ofS580,200.00; and WHEREAS, Visit Naples, Inc. has requested an extension of the term of the Agreement; and WHEREAS, Visit Naples. Inc. has also requested linc item changes be made in thc budget; and WHEREAS, thc requested linc item changes arc within tim original total budgct; and WHEREAS, thc COUNTY agrees to the requested changes. \VFFNESSETtt: NOW, THEREFORE, BASED ON 'File MUTUAL COVENANTS [IEREIN AND OTHER VALUABLE CONSIDERATION, IT IS MUTUALLY AGRFED AS FOLLOWS' I. Section 14 to the Agrccmcnt shall be deleted in its entircty and replaced with thc following language: TERM: This Agreement shall become effective on August 5, 1997 and shall remain effective until Scptembcr 30. 1998. Any funds not used by GRANTEE during the term of this Agreement and an,,,' cxtcnsion thcrcto shall bc availablc for future applicants. 2. Exhibit "A" to thc Agreement shall be deleted in its entirety anti replaced with Exhibit "A" attached to this First Amendment to Agreement. " 16fi6~1~i 3. Except as set Forth herein, all of the tcnns and provisions of thc Agrccmcnt shall remain in full force and effect. IN WITNESS WHEREOF, the GRANTEE and COUNTY have each respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written." "DATED: ~'~?~: ~OARD OF COUNW CO~,~M~SS~O~S DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA Att'est as to (ha~r~n's WITNESSES: GRANTEE ~-~ Visit Naples, Inc. Printe~d Na~ Printcd~y~d Na~ I'rmtcd,rl'yped Nan~ (corporate seal) Approved as to £onn and lega~ sufficiency Heidi F. Ashton ,.x/ Assistant County Attorney £::/ew/1998 TDC Agreements,'l" Amend to VJ$i! Naples lnc, 2 EXHIBIT "A" 1998 PROGRA3I BUDGET 1998 BED TAX ALI.OCATION S580,200 PROMOTION Advertising 230,000 media placement Professional Public Relations Services 83,000 includes strategic planning, facilitating marketing plans. desigming promotional materials and programs, and media liaison services Production includes graphic design and layout services, slide reproduction% 24.200 text translation and photography Collateral Materials 120.(}00 includes the printing ofdcslinamm guides, ncxvslcttcrs and other p~cccs Media Relations 38,000 includes photocopies, mileage, news release production and distribution and press excursion expenses Travel Agent Relations F. xpenscs 10.000 includes communications, mileage, postage and on-srtc familiarization expenses Trade Show Expenses 30.000 includes booth registration, supplies and travel expenses Collaborative Efforts w/Marco Island & Thc Everglades CVB 0 includes famihartzation trips, trade shows and joint advertising PROGRAM EVAI.UATION Market Research 9.000 includes collecting and assembling occupancy and visitor data Clipping Service 2.500 ADMINISTRATION Accounting Services X.000 Insurance 9,500 Administrative Costs 16,000 includes postage, telephone expenses, mileage, subscriplions and other office costs TOTAL :$580,200 July 15, 1998 Mr. Greg Mihalic TDC Coordinator/Housing and Urban Improvement 2800 North Horseshoe Drive Naples, FL 34104 Dear Greg, As our current Count)' contract, PO i/S00101, will be extended through September 30, 1998, I would like to request reprogramming of funds. The reprogramming will allow us to cover our expenditures for the rest of the fiscal year and will provide the funding, under the category of collateral, to update our current brochure. Line Item Current Contract Increase/ Revised Budgeted Amount Decrease Budget Amount Advertising 250,000.00 (20,000.00) ,..~0,000.00 Public Relations 123,000.00 (40,000.00) 83,000.00 Production 14,200.00 10,000.00 24,200.00 Collateral 10,000.00 110,000.00 120,000.00 Media Relations 50,000.00 (12,000.00) 38,000.00 Clipping Service 2,500.00 N/A 2,500.00 Travel Agent Relations 20 000.00 (10,000.00) 10,000.00 Trade Shows 35 000.00 (5,000.00) 30,000.00 Collaborative with Marco 25 000.00 (25,000.00) 0.00 Market Research 15 000.00 (6,000.00) 9,000.00 Accounting 12 000.00 (4,000.00) 8,000.00 Insurance 7 500.00 2,000.00 9,500.00 Administrative Costs 16 00000 N/A 16,000.00 0.00 580,200.00 TOTAL 580,200.00 Thank you for your consideration of this request. Sincerely, ,,;... Tammii: Matthews Managing Director · PROMISSORY NOTE 4948 Bisca'/,ne Drive Naples Florida (Proper Ly Address) (,q = ty~ (Stat,.) 1. BOFU~O'.~-R($) PRCI4ISE TO PAY: i :':~ ,:.'~:m:s,' t ? Fa%' Sixt~ Thousand Dollars ($60,000.00) (thls arsu:.t will ~3e called "[~lzcl~.ai": ts thc ccder c~ Collier Count~ cr to any holde~ of th~ ~ ~t~. :'the "im~o~"), t<hcs,, ark~e~ :s 2800 North Horseshoe Drive, Naples, Florlda 34104. i,W.~ un'Jet,rand th,~t the Le~vb~r may trans~e~ the and caplta!Ize'J ts the unpaid loan balance, i/We a:~ree to ir,r. edlately pay the entice loan. My/Gu: total mcnthl}' ~,~}~cr:t shall be $462.79. My/Out total payments shall be $99t961.62. 4. ~'S RIGHT TO P~PAY: i/W,.' Lave the rlqht tO make ~,aymc, nt~ of ~r::~c:p,]l dt ar~y t!me make a prepayment, i/we w~il tell the :~oto Hcidcr ~n writ:hq th4t !/we am do~n~ so. prepayments t-~ redure the amount cf the ~r:nc:pa2 that i <w,. und~,r 'hl~: //ore. !f I/We such pzepayme:.~. ls flnaiiy ~n'.er[,ret,~:i so th4t th~ IF, retest of ~,ther loan charges cc~i le,:t,,d or to refunded ts r.'.,,us. Tho :~ct,, Holder may :hccse Lo make, this ~f'.;:~q by reduc:::'l prlnclpal that i/?:,~ owe under thls Note or by ~akln~ a dlrect pa~,nt to me/us. ;[ refund reduces ~;rlnclpal, the reduction wlDl )',e treated as d part laI ?t(.pa%,ment. 6. S~INATION: ten-Jet and hs:rcwer uckn%-,'i~.-JT* .~nd a~reu that thls Z~.cur~ty Instrum, uV, the Flrst Deed cf Trunt and t'; all ,)d','a::ces ?.er,,tof,;re ma,J~, or which ray re,carter he pursuant ts th,- First teed cf Trust, First National B~ of Flori~--$200,000, all s~v.s ad,/an:ed f';r the purf:~,se cf (a) prct, ectlnrj or further scour:nO the l:en ~;f th.-. renovatlng, repal~Ir.g, furn;z:hln7 ,;r equ:~pi::~ the P~oFerty. The te~m:; and provlsl~;ns the First Deed cf Trust are ?]tamour,t and c~nt~ollln~, and tt.ey super~;ede ally other and provlslOnS hereof in conflict therewlth, in the event cf a ~oreclosure or deed any other collateral a~reement re~t:lctln~ the u~ze of th,, [roperty to low or income households cr ctherw:s,., restI~ct~n7 the 5crro~:er's a~?: lity to sell the ~hall ha'ye no further force cr ,-ff~ct on sub:;equent o~m. ers ';t [;urchar~e:s of the Property. and clear from such lkeu cf fcre-:]zzu:,:., :r.e il...:: ~;f 'bls f]<,:ur:t7 ::'.,;trume:.t s;.all aut,,:r:atl,:,l~l'/ glve~ 9:rlttez ZOtlC,~ Cf a defaul', under the F~tst Dc,,d ~;f Tzu::t anti {21 the l,ende: shall not have cured the default u:.'ie: the First l;,:ei ~;f Tr::r,t within ~hc If) lay Dc:l~),t 7. BOgOta(S) FAIL~ TO PAY AS ~Q~STED (A) Default default. 21 ; am ir; default, the :;ote }{91der may Ltl:.7 ah:,'.;t any a:t;<:::~; not prch~L:t.,d by applicable law and require me/us to pay the Note }{,~]qe:':; co~;t ,~hd ('xpenncs descrlbed In 'b) (B) Payment cf Note Holder':: q~,~t and if the tlote }{c~der takes such a?tt,;ns ar; d,u3cr;:;,-'! ,i~c'.', , '?- '.?/e }[',i b.r %;Il ] ):n','~, t right to be pard back for all cf :ts c-:sis and ,r:,'F,e::sez, :::-:.:;-:;t:7, ~ut r'.,~t l:m:t,.:] reas0nable attnrn,~'/s' fees. $, OIVING O~ NOTIC£r.: Ur.l¢,s.~ aF.~llcable law ~equlred a rh~er~nt method, ,my not~,;e Ihat ~y notice that ~ust b~ glve~ '~ the Note Holder t:~der ~hts ~n~lud~n~ the p:cmlse to [:ay the ~ull amount o~d, . ~y pe~on ~ lsa guarantor, ~urety .... r r.';'.i, t l~ rio ail a~ot;nts i/w,, 0',,',. ur:der th:~ f":t,'. Cc~- of *.ho~e ccnd:t ;cr.s ,ire ,i,-';,:rth,~d as follows: S~mS se_~. *. r.}' H:we'.'er, this cpt is2. IgsLrumcnt. If Lender (.;<,3r=~se~ this c~;tlot;, Lender shall g;ve Bc::ower :.ctl,:e of .tc:c.l,.raticn. The fall to [.ay ?,ese x'i-z [;rt',r '_~ the ..xp;raticn Of th;~ ~ ..... remedles le~aliy ~,lfrltte~ by t.t.;5 Security Irlstrt:~e~t wlth'3',lt, further n<~t ice or <!,?,and on Borr ewer. hezeunder ~r. 41i lie s,is].ct and z:.~:nrdlnate to th,' :l~Lt.; c: t.h~, f:enior l,~en Hr:irh, r to collect arid a[,~.y' nuch proce~.'~ ~n a,.'~'-~4-'-o ',;~th t~,,,, F~r~ 12. Thia note is governed and construed in accordance with the Laws of the State of Florida. WITheS THE ~{S) ~ SEAL{S) OF THE ~ERSIGI~D. TO; Collier County Housing & Urban Improvement Department 289? '.;orth i{:r,{o~hce :,rive :;aples, Ylcrlda 3410,; ['hone: f9411 403-233~ FaX: 19.2'.i 4t~-2331 SECOND MORTGAGE THIS SECC!;D ~.'C'~ TGAGE i'Secu,4! Instru~'~r*~'') ~s g~len ~ ~ 4'~ day of August. lgg8 T~e S~d M~tgag¢ ~s Community Housing Pa~nershlp of Collier County, Inc. C~r~e~} TF~% Secur~ I~tr~nt ~% g~en to Collier Count~ f'Lende~), which ~% orgamzed ~d e~,~'~g ~er [~e !a'?~ 0f t~,e U~ ~ cf ;,me?,c~ a~d who~e address ,% 2800 North Horseshoe Drive , Naples, Florida 34014 B~rr~z,,er o,','es Lender the sum 0f Sixty Thousand Dollars ($60,000.00; Tbr% debt ~% e'nCe~ed b~ Borr~t~er's t;cte da:~ the same date a~ th,% Security Instrument ("Second M~gmge"), wn~cn C¢0v.de% ~ mOethly ¢a'lment%. wi~h the fuft debt, ~f mot Card earlier, due and payable oo sale of pro~rty, refinance, or satisfaction of first mortgage , This S~ur.ty Instrument s~ure% t0 Le~ (a) the reoayme~t of the debt e.ndenC~ by t~e Note. vnth interest and all ren~ls, e~enslons and m~lf<ations, (b) 8~r~er d~ he.au/ ~o~3 ~c~a~e g'a~ a~d convey 'o Le~der the fofl~ng d~cr,bed pro~rty ~ated m Collier Court%y, Flor:da, ('Pr~Cy4ddr~%"l 4948 Biscayne Drive, Naples, Florida 34112 ~d of tPe ¢ra~rt/ 4~' re¢~acement~ and ~bons shall also ~ ~ by ~e S~*tI Insttu~nt Afl of the for~o~ng ~ EORRO"//ER COVEHAf4TS ~at Borrc#er ~5 IF//ully ~,zed of t~e e~te ~¢eby conve~ed and has the right to ~gage, grant a~d convey the Pro.dy a~ ~at ~ Pro~/is une~um~r~, except for encumbranc~ of record Betrayer v~.rants and ,¢~1~ Ce'e~d generally the t~e t0 ~ Pro~dy against a~ cia*ms and demands subj~t to any .ncumbra~ of The ~/oc~ag~ sha:~ daf or cause to ~e pa:d as the same fescec[r/e!y ~come due f A ~(~ ) ali La,es and governmental ~k~p a~ ~morovement of the Proce~y. a~d f3) a',l ass~sm~t~ ~ other governmental charges ~at may lav~Jly ~ pard ~n f~ng. fOc¢~rd to !,~o~gaaee e~de~e ¢ s~h aayment ~ ac~s set fo~h a~e wth.n 10 da~s of ~e g,v~ng of nobce ~at Lender r~u~re~ The insura~e cafr~ ~ng lh~ tn~¢a~e shaE ~ C~ b~ Borr~r subj~t to LendeFs appf~al 6. Occupancy. Prese~atlon, Maintenance and Protection of the Property; Borrower's Loan Application. mformat,o~) in ccnr'ect~on w'~ 1he ~an ~denc~ b,/ the Note Borr=/~r ~hefl a~ ~ ~n 11. Borrower Not Released, Forbearance By Lender Not a Waiver. 12. Successors and Assigns Bound; Joint and Several Liability; Co.Signers. ~hn cove~an:~ ~ ~) T~ ~bCe Sh~ S~ ~) ~ de~u~. {b) t~ ~c:~ r~u*r~ tO cure :~e ~ day~ fr~ ~e date ~e ~,ce ~s g.~e~ to ~r~r, by v~h ~e de~au~ mu~ ~ cured, a~ (d) tha~ f~lure to cure t~e defau~ f~e by j~rc~a~ ~ a~ ~ale ~ ~e Pfoc~/ T~ ~e ~a~ ruder ~?~m ~r~ of ~e r~ght to reinsure a~er S~ur~/ ~nS~u~ect ~/ Ju~c,al ~r~e~g Le~der sha~l ~ en~ to coP~t afl e~en~ ~urr~ i~ ~rsut~g Ihe rem~es ~o.v~ ~n ~s =a-a~raph 2 :. ~udmg. b~ ~ot r,m~:~ to. reachable a~omey's fees and costs of the t:t'.e ~de~e 20. Release. U~n ca'/~nt of afl sums ~ur~ b~ ~s S~ur,~ Instr~n~. Lender sha~ relea~ th~s S~unty r~(s) ex~u1~ b/B:rrc~,'er and r~ord~ Y,',t~ ~t Vane~sa F,~, Pr~ent / ,' /./ /X' x / STATE OF FLOR:DA ~ COUNTY OF ' WITNESS my ha~c a~d off,c;al seal in the Count/and State a¢cresa d :his ', da/ cf ~ 19 RESOLUTION NO. 98- 275 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE ~ WIT}{ ORDINANCE 91-47. ;Cd. EREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the Coun-.y, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and re~orted to the Board of County Commissioners, together~ with a description cf said parcel; and WHEREAS, such assessment shall be a legal, valid and binding oblicaticn u~o~ ~h~ property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of Notice of Assessment after which interest shall accrue ~t a rate cf twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, tha~ the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assesse~ the following costs of such abatement, to wit: NAPIE: LEGAL DESCRIPTION: COST Dowe S. Morlen & $245.00 Betty Morlen Lots 14, Block 4, NAPLES RR1 Box 331 MARCOR ADDITION, according to the Jeffersonville, IN plat thereof, on file and recorded 47130 in the Public Records of Collier County, Florida, PB 3, pages 67 and 68, subject to three-fourths oil, gas and mineral rights reservation and subject to reservations, restrictions and limitations of record. REFERENCE: 70502 -082 #62092320008 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails %o pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Re.solution adopted after motion, second and majority vote. DATED: ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA 'AND LEGAL SUFFiCiENCY: . DAVID WE~GEL COUNTY ATTORNE'f cSce ll - COLLIER COUNT~, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN Dowe S. & Betty Morlen DATE: Jeffersonville, IN 47130 REFERENCE 70502-082 #62092320008 LIEN NUMBER: LEGAL DESCRIPTION: Lots 14, Block 4, NAPLES MANOR ADDITION, according to the plat thereof, on file and recorded in the Public Records of Collier County, Florida, PB 3, pages 67 and 68, subject to three-fourths oil, gas and mineral rights reservation and subject to reservations, restrictions and limitations of record. You, as the owner cf the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 5/2/97, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, ser'/in~ notice thereof upon you, such nuisance being: ~ Prohibited accumulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate -- Estates. ~ Weeds over 18" (3 + ft.). ~ You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $45.00 and administrative ~-~ cost of $200.00 for a total of $245.00. Such costs, by Resolution of the ~ Board of County Co;~issioners of Collier County, Florida, have been assessed against the above property on AU~ 0 ~ ~8 and shall become a iLen on the property thirty ~30) days after such assessment. You may reques~ a hearing oefcre the Board of County Co~missioners to show cause, if eny, why the ezpenses and charges incurred by the County under this Ordinance are unwarranted o: excessive or why suc~ expenses should not constltute a lien against the property. Such request for hearing must be made to the Clerk cf the Roard of County Commissioners, Government Center, :[apies, 7!crida 34112 in writlng within thirty (30) days from the date of this assessment ~o be '/ai~d. CLERK, ~OARD OF COUNTY COMMISSIONERS CSce 9- 1/93 RESOLUTION NO. 98- 276 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMEHT OF PUBLIC ~ISANCE, IN ACCORDS;CE WiTH ORDINANCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of i abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BO~D OF COUNTY COmmISSIONERS OF COLLIER CO~TY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the followin~ costs of such abatement, to wit: N~E: LEGAL DESCRIPTION: COS~ Bode, Sven & Lot 5, Block 404, Marco Beach $ 300.00 Cathleen Moosker Unit THIRTEEN, a subdivision ~oe~a~ Strasse 5 according to the plat thereof, 14193 Berlin recorded in Plat Book 6, Pa~es 92-99, Ge~any Public Records of Collier County, Florida. REFERENCE: 58106840006 70507-043 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners o~ the above described property, and if such owner fails tc pay such assessment within thirty (30) days hereof, a cergified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal o~ the assessment cf the owner. This Resolution adopted after motion, second and majority vote. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA ~~ B Y: 'APPROVED AS TO FORM ~'D LEGAL SUFFICIENCY: 2368249 0R: 2458 PG: 1418 ~DAVID WEIGEL ~lc ~ll 10.50 CO~TY ATTORNEY fOPIlS 2, O0 CSce 11 1/98 ~1~I ?0 ?~1 BO~R~ BOARD OF COU~TY COMMISSIONERS coLL E CO ,TY, LEGAL NOTICE OF ASSESS~NT OF LIEN DATE: Sven Bode & Cathleen Moosker Strasse 5 PG: 1419 *** 14193 Berlin Germany REFERENCE 70507-043 #58106840006 LIE:; LEGAL DESCRIPTtOH: Lot 5, Block 404, Marco Beach Unit THIRTEEN, a subdivision according to the plat thereof, recorded in Plat Book 6, Pages 92-99, Public Records of Collier County, Florida. YOU, as the o','ner of the ~)ro~erty above described, as recorded i~ the records maintained by the office of the Property Appraiser, are hereby advised that the Com~)lia~ce Services ~.~anager, did ou 5/08/97, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 9!-47, serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. Prohibited dumping, accumulation, ,forage or burial of litter, waste or abandoned property. Weeds over 18" (2 ft.) , & Debris at front of lot. You failed to abate such nuisance; whereupon, it wa:; abated by the expenditure of public funds at a direct cost of $ 100.00 and administrative cost of $200.00 for a total of $ 300.00. Such costs, by Resolution of the Board of County Commissioners of Collier County, Florida, have been assessed against the above property on AUG 0 % 1998 and shall become a lien on the property thirty (30) days after such assessment. You may request a hearing be£ore the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Com~nissioners, Government Center, IJaples, Florida 34112 in writing within thirty (30) days from the date of this assessment to be valid. CLERK, BOARD OF COU~TY CO~4:.IISSIO~SRS CSce 9- 1/93 RESOLUTION NO. 98- 277 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISanCE, IN ACCORDANCE WiTH ORDINANCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSI©NERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NAME: LEGAL DESCRIPTION: COST Raymond & Deborah Quinlan $ 245.00 428 S Country Rd. Lot 13, Block 219, of MARCO BEACH East Patchoque, NY UNIT NO. SEVEN, a Subdivision, accordin~ 11772 to the Plat thereof, recorded in Plat Book 6, Pages 55 through 62 of the Public Records of Collier County, Florida. REFERENCE: #57681240009 80127-011 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion, second and majority vote. DATED: ATTEST: BOARD OF CO5~NTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA ~Attest as to Cha~n.~ ORM 2368250 OR: 2458 PG: 1420 ~. LEGA~ S~F~ICIENCY: IlC01DID . . , ' , HC Ill 10.50 DAVID WEIGEL ~,00 COMI~ CO~TY ~TTOR~EY CSce 11 1/98 I~?llOf~I~l · ,0m 0, cow, co ,'I0 RS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN DATE: Raymond & Deborah Quinlan AUG 0 % 1998 428 s country Rd. East Patchoque, NY 11772 REFERENCE 80127-011 #57681240009 LIEN NUMBER: LEGAL DESCRiPTIOH: Lot 13, Block 219, of MARCO BEACH UNIT NO. SEVEN, a Subdivision, according to the Plat thereof, recorded in Plat Book 6,Pages 55 through 62 of the Public Records of Collier County, Florida. 'fou, as the cwne: of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 1/27/98, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 9i-47, serving notice thereof upon you, such nuisance being: ~ Prohibited accumulation of non-protected mowable vegetation in O excess of 18" in height in a subdivision other than Golden Gate '' Estates. oo Weeds in excess of 18" Q--~ YOU failed to abate such nuisance; whereupon, it was abated by the ~_~ expenditure of ?~blic funds at a direct cost of $ 45.00 and ~-~ administrative cost of $200.00 for a total of $ 245.00. Such costs, by ~ Resolution of the Board of County Commissioners of Collier County, Florida, have been assessed against the above property on '~U~ 0 % ~9~8 and shall become a lien on the property thirty (30) days after such assessment. You may reques[ a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under thts Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the ,Clerk of the Board of County Co~nissioners, Governmen% Center, ~.~aples, 7!orida 34112 in writing within thirty (30) days from the date o~ this assessment to be 7alid. CLERK, BOARD OF COUNTY COMMISSIONERS CSce 9- 1/93 RESOLUTION NO. 98- 278 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NAME: LEGAL DESCRIPTION: COST Gomez, Jesus LOT 3, IN BLOCK 14, OF NAPLES $ 245.00 6034 SW 27=~ St. MA_NOR ADDITION, ACCORDING TO THE Miami, FL 33155 PLAT THEREOF, AS RECORDED IN PLAT BOOK 969, AT PAGE 621, OF THE PUBLIC RECORDS OF COLLIER COT/NTY, FLORIDA. REFERENCE: 62102840009 70521-006 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion, second and majority vote. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA /Atte, Ff: ac i:o g?:atr~/~-'' BARB-k~AA B:- B'f~RRY,~' CH~~"~, ~lg~ature ont~. APPROVED AS TO FORM AND LEGAL.SUF~FICIENCY: 2368251 OR: 2458 PG: 1422 ,**./,~ WEIGEL CO~TY ATTORNEY COHlS 2.0~ CSce 11 1/98 CLI~[ COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN DATE: Jesus Gomez AUG 0 % 1998 6034 SW 27th St. Miami, FL 33155 REFERENCE 70521-006 #62102840009 LIEN NUMBER: LEGAL DESCRi?Ti0N: LOT 3, IN BLOCOK 14, OF NAPLES MANOR ADDITION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 969, AT PAGE 621, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. You, as the owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 5/21/97, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance °I-47 serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected mowable vegetation in ~ O excess of 18" in height in a subdivision other than Golden Gate ~ Estates ~' · ~ Weeds over 18" (3 + ft.) ~ You failed tc abate such nuisance; whereupon, it was abated by the '' expenditu~ of public funds at a direct cost of $ 45.00 and ~,~ administrative cost of $200.00 for a total of $ 245.00. Such costs, by ~ Resolution of the Board of County Commissioners of Collier County, Florida, ha'le been assessed against the above property on 'AU~ 0 % lg~8 and shall become a lien on the property thirty (30) days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Haples, Florida 34112 in writing within thirty (30) days from the date of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS CSce 9- 1/93 i6A8 RESOLUTION NO. 98- 279 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: .NAME: LEGAL DESCRIPTION: COST Haertel, Ursula Lot 15, Block 789 of A REPLAT $ 245.00 Bomharstr 3 OF A PORTION OF MARCO BEACH UNIT 82031 Gruenwald TWENTY FIVE, a Subdivi-"-ion according to the Germany Plat thereof, recorded in Plat Book 12, Pages 86-89, of the Public Records of Collier County, Florida. REFERENCE: 59026000006 70612-027 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion, second and majority vote. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA '~ .~':' ,/. BY: - ~ ", · ' i. $ ~qature only. APPROVED AS TO FORM AND LEGAL,SOFFiC=ENC¥: 2368252 OR: 2458 PG: 1424 /,:--DAVI~ ',~ZGEL ~C ?Il lO.~O CO~TY ATTORNEY CSce ii - 1/98 lit 7240 BOm O, CO Y CO ZSSZO S COLLIER COUNTY, FLORIDA LEG~L NOTICE OF ASSESSMENT OF LIEN DATE: Ursula ~aertel ~U~ O ~ 1~8 Bo~harstr 3 82031 Gruenwald Gez~nany, REFERENCE 70612-027 #59026000006 LIEN NUMBER: LEGAL DESCRI?TIOH: Lot 15, Block 789 of a REPLAT OF A POROTION OF MARCO BEACH UNIT TWENTY FIVE, a Subdivision according to the Plat thereof, recorded in Plat Book 12, Pages 86-89, of the Public Records of Collier ~' County, Florida. You, as the owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 7/09/97, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: o Prohibited accumulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate ~-~ Estates. Weeds over 2 ft. ~-~ You failed to abate such nuisance; whereupon, it was abated by the expenditure o~ .nub!lc funds at a direct_ cost of $ 45.00 and administrative cost of $200.00 for a total of $ 245.00. Such costs, by Resolution of the Board of County Commissioners of Collier County, Florida, have been assessed against the above property on ~U~ 0 ~ ~8 and shall become a lien on the property thirty (30) days after such assessmens. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for ma._ to the Clerk of the Board of County Commissioners, hearing must be Government Center, Naples, Florida 34112 in writing within thirty (30) days from the date of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS CSce 9- !/9~ RESOLUTION NO. 98- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NAME: LEGAL DESCRIPTION: COST Sidney Barber & Lot 3, Block 400 of Marco Beach $245.00 Libby Barber Unit THIRTEEN a Subdivision 1001 City Ave according to the Plat thereof, Wynnewood, PA 19096 recorded in Plat Book 6, Page 92-99 of The Public Records of Collier County, Florida. REFERENCE: 70724-030 ~58104080004 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion, second and majority vote. DATED: .-AUG 0 ~ 1998 ATTEST:,' BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA / ~5t aS tO~ha~n'S ' :BAR~ B. 'B~RRY~CHA~~ s~gnature only. A~PROVED AS TO FORM 2368253 0R: 2458 PG: 1426 ~D~LEG~ SUEFICIENCY: ~]C0RD]D l~ OUICIA~ R~CORDS 0f COLLI~R C0U~TT, ~L CO~TY ATTORNEY CSce 11 1/98 C~]~ ~I? 72~0 . ~. BOARD OF COUNT~ COMMISSIONERS ~' COLLIER LEGAL NOTICE OF ASSESSMENT OF LIEN Sidney Barbet & DATE: L~y Bar~ot AU6 0 % 1998 1001 City Ave Wynnewood, PA 19096 REFERENCE 70724-030 #58104080004 LIEN NUMBER: LEGAL DESCRIPTION: Lot 3, Block 400 of Marco Beach Unit THIRTEEN a Subdivision according to the Plat thereof, recorded in Plat Book 6, Page 92-99 of The Public Records of Collier County, Florida. You, as the owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 7/24/97, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. Weeds over 18" (5 ft.). You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $45.00 and administrative cost of $200.00 for a total of $245.00. Such costs, by Resolution of the Board of County Commissioners of Collier County, Florida, have been assessed against the above property on ~U~ 0 ~ and shall become a lien on the property thirty (30) days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should no~ constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Governmen~ Center, Naples, Florida 34112 in writing within thirty (30) days from the date of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS CSce 9- 1/93 RESOLUTION NO. 98-281~ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NAME: LEGAL DESCRIPTION.'. COST. Dalanda McAuley Lot 1, Block 121, Marco Beach $ 245.00 1740 N-W 36t~ CT Unit Four, a subdivision according Ft Lauderdale, FL to the plat thereof, recorded in Plat Book 33309 6, Pages 32 through 37, inclusive, Public Records of Collier County, Florida REFERENCE: 56937000004 70729-071 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion, second and majority vote. DATED: ~ AUG 0 4'1998 ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA A~test as to AWJ %¥ FR '%o fORM 2368254 OR: 2458 PG: 1428 AND LEGAL ,SUFFICIENCY: I ,~ CO~TY ATTORNEY CO~II) 2,00 ~et~: CSce 11 - 1/98 iii 7240 BOARD OF COUNTY COMMISSIONERS i6A9' COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN DATE: Da~anda McAuley AUG 0 % 1998 1740 NW 36TM CT Ft Lauderdale, FL 33309 REFERENCE 70729-071 #56937000004 LIEN NUMBER: LEGAL DESCRIPTION: Lot 1, Block 121, Marco Beach Unit Four, a subdivision according to the plat thereof, recorded in Plat Book 6, Pages 32 through 37, inclusive, Public records of Collier County, Florida. You, as the owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the ~.,pliance Services Manager, did on 7/29/97, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 9i-47, serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates · Weeds over 18" (3 ft.). You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $ 45.00 and administrative cost of $200.00 for a total of $ 245.00· Such costs, by Resolution of the Board of County Commissioners of Collier County, Florida, have been assessed against the above property on ~O~ 0 % and shall become a lien on the property thirty (30) ~ays after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under thls Ordinance are un'..:arranted or e×cessive or why such expenses should not cons%·tute a lien against the property· Such request for hearing mus~ ~'~ ...... ~= tO the Clerk of the Board of County Commissioners, Government Center, ;~aples, ?!orida 34112 in writing within thirty days from the da%e of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS CSce 9- 1/93 RESOLUTION NO. 98- 282 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NO;';, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated cf a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NAME: LEGAL DESCRIPTION: COST Larsson, Lars E & Lots 20 Block 250 Unit 7 $ 400.00 Ann A Part - GOLDEN GATE according 1001 Murphy Dr. to plat thereof recorded in Plat Joliet, IL 60435 Book 5, Page 143, of the Public Records of Collier County, Florida. REFERENCE: 36447040008 70805-028 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal cf the assessment of the owner. This Resolution adopted after motion, second and majority vote. DATED: ATTEST: BOARD OF COUNTY COMMISSIONERS .DWIGHT E. BROCK, CLERK COLLIER CO~TY, FLORIDA 2368255 0a: 2458 PO: 1430 DAVID WEIGEL ~'CO~{TY ATTORNEY RIC ~ 10.50 COPIIS 2.00 R~tn: CSce ii 1/98 C~]RI T0 ?H~ BOARD tMTIR0~ICI iYH {IY COLT, IER ~OU'NTY ~ FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN DATE: Lars E & Ann A Larsson AUG 0 ~ ~9~8 1001 Murphy Dr. Joliet, IL 60435 REFERENCE 70805-028 #36447040008 LIEN NUMBER: LEGAL DESCRi?TIOH: Lots 20 Block 250 Unit 7 Part - GOLDEN GATE according to plat thereof recorded in Plat Book 5, Page 143, of the Public Records of Collier County, Florida. You, as the owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 8/05/97, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Acctunulation of prohibited exotics on unimproved land located within 200' of improved, subdivided property. AUSTRALIAN PINE TREE: You failed to abate such nuisance; whereupon, it was abated by the expenditure cf public funds at a direct cost of $ 200.00 and administrati';e cost of $200.00 for a total of $ 400.00. Such costs by Resolution of ~h_ Board of County Commissioners of Collier County, Florida, have been assessed against the above property on AUG 0 and shall become a lien on the property thirty (30) days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, :iaples, Elorida 34112 in writing within thirty (30) days from the date of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS CSce 9- 1/93 /~1EJ~ORA N DU/~I DATE: TO: MAUREEN KENYON/C~RK OF COURTS FROM: ~DEENFORCEMENT [ am forwardm~ copy of check we received on Janul~ 6,199~, but p~ymcnt did not get recorded.. PLEASE DO NOT RECORD LIEN. I spoke to Kathy ~t D.O.R. and I will forward her copy of check md resolmion SO ~he can record payment. . -.~ 16/19 1~442 IMMOKAL, EE H,~EIlTAT FOR HUMANITY. INC. P~' 9.*; /~'.,~D''77 ':':;'": .6 C ' (' .=,,.-.~:,-_ ec~l,I ~.~_ ~._~_~,, ~,~_r,~,~ I$ /d~- F~,,~, "-'""' ~~~ BOARD OF COUNTY COMMISSIONERS 16A9 COLLIER COUNTY ~ FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN DATE: I=okalee Habitat for Humanity, Inc., AUG 0 k 1998 A Florida Non-Profit Corporation 640 N 9~ St. Immokalee, FL 34142 REFERENCE 70905-005 #62156080006 LIEN NUMBER: LEGAL DESCRiPTiON: Lot 20 Block 9 of NAPLES MANOR ANNEX, according to the Plat thereof, as recorded in Plat Book 1, on page 110, of the Public Records of Collier County, Florida. You, as the owner of the property above described, as recorded in the records maintalne<] by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 10/17/97, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. Weeds in excess of 18" (4 ft.). You failed to a~ate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $ 45.00 and administrative cos% of $200.00 for a total of $ 245.00. Such costs, by Resolution of %he Board of County Conunissioners of Collier County, ..... :~. ~!orida, ha,~ he assessed against shall become a lien on the property thirty (30) days after such assessmenz. You may regues~ a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, GoTernmenz Center, [~ap!es, E[orida ~4112 in writing within thirty (30) days from the da~e of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS CSce 9- i/93 RESOLUTION NO. 98- 283 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following ccsts of such abatement, to wit: N~uME: LEGAL DESCRIPTION: COST Inunokalee Habitat for H~anity, Inc., $ 245.00 A Florida Non-Profit Corporation 640 N 9=~ St. Lot 20 Block 9 of NAPLES ~OR ~X, according I~okalee, FL 34142 to the Plat thereof, as recorded in Plat Book 1, on page 110, of the P~lic Records of Collier County, Florida. REFERENCE: 62156080006 70905-005 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records cf Cc!lief County, ~o constitute a lien against such property according 5c law, unless such direction is stayed by this Board upon appeal cf the assessment of the owner. This Resolution adopted after motion, second and majority vote. DA D uG 0 ATTEST: BOARD OF CO~TY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER CO~TY, FLORIDA ~D LEGAL ,SUFFICIENCY: ~/~AV I D WEIGEL CO~TY ATTORNEY CSce 1i 1/98 RESOLUTION NO. 98-284__ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of Notice of Assessment after which interest shall accrue ac a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NAME: LEGAL DESCRIPTI N: COST Martin I & Lillian E Benjamson $ 245.00 5448 -45TM Ave. S Lot 13 Block 224 Unit 6 Minneapolis, M/~ 55417 Part i GOLDEN GATE according to plat thereof recorded in Plat Book 9 Page 4 of the Public Records of Collier County, Florida. REFERENCE: 36385240009 71117-071 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property · according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion, second and majority vote. ~ATE~: nUB 0 t~ 1998 ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA ~ Igr,,~ture cmtl. . APPROVED AS TO= 2368256 0R: 2458 PG: 1432 ~D .LEGAL ~U.~ICIENCY: ,~ ~ ,,(,~ ~ R~CORD~D In 0HICIAL i~CORD$ o[ CO~LII~ COUIT~, -~,,~, , . KFAVID WEIGEL ,,C ,Il 10,S0 CO~TY ATTORNEY COPII$ LO0 Retn: CSce i1 - 1/98 C~iRI ?0 ?BI BOARD IITit0~C! lTff ~:OOR lit ~140 · BOARD OF COUNTY COMMISSIONERS 16A10 ' COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN AU~ 0 ~ 1998 Martin I & Lillian E Benjamson 5448 -45=h Ave. S Minneapolis, M/q 55417 REFERENCE 71117-017 #36385240009 LIEN IIUMBER: LEGAL DESCRiP/IO!:: Lot 13 Block 224 Unit 6 Part I GOLDEN GATE according to plat thereof recorded in Plat Book 9 Page 4 of the Public Records of Collier County, Florida. You, as the owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 10/17/97, order the abater, chi c.f a ,::r.r~ain nuisance e;<ist:ing on the above property prohibited by Ordinance 91-47, servin~ notic~ thereof upon you, such nui~,%nce bein0: Prohibited accumulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate O Estates. ' ' Weeds in excess of 18" (2 ~ ft.). Oo You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $ 45.00 and '' administrative ~.s~ of $200.00 for a total of $ 245.00. Such costs, by co Resolution of t~,,~ Board of County Commissioners of Collier County, Florida, have been assessed against the above property on AU~ 0 ~ ~998 and shall become a [~en on the property thlrty (30) days after such assessment. You may req~est a hearing before the ~card of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Crdinan~e are unwarranted or e×cessive or why such expenses ~c..st=~te a lien against the property Such recuest for should not ~ ~ '~' · · hearing m'ust be ma~!e to the Clerk of the Board of County Commissioners, Government qenter, Haples, ~lorlda ~4112 in wr~tin? wlthin thirty (30) ~ro ...... ~ ~ ~'~ to be valid days ~ - %he dar~ ~,~ this as.~s..m ...... CLE?K, BOARD O~ COUNTY COMMiSSiONERS CSce 9- 1/93 RESOLb"rION NO. 98- 285 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDA~CE WITH ORDINANCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of __.rain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the fol!owin~ costs of such abatement, to wit: ~E: LEGAL DESCRIPTION: COST Thomas Co~s $245.00 1946 San Marco Rd. Lot 2, Block 221, Marco Beach Marco Island, FL 34145 Unit Five a s~division according to Plat thereof, recorded in Plat Book 6, Pages 39 to 46, P~lic Records of Collier County, Florida. REFERENCE: 57210160000 71210-016 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirt~~ (30) days hereof, a c_r~l~ed copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion, second and majority vote. DATED: 0 4 ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER CO~TY, FLORIDA ~ !';.~t,~:r v or;i;. ns =o 2368257 0R: 2458 PG: 1434 ~D L~GA~SU, , I _~EN-f: ~CD~D[D l~ OFFICIAL R~CO~D~ 0~ COL~II~ COU~TI, ~L / j~ / ,< ,, ~, : 0t/04/91 at Ol:14~l DWIGHT I. ~ROC[, CLI~I COUNTY /,TTCR:;E'f C~III fO f~l ~OA~D O~:E: AU6 0 4 1998 Thomas Combs 1946 San Marco Rd. Marco Island, FL 34145 REFERENCE 71210-016 #57210160000 LIEN NUMBER: LEGAL DESCRIPTION: Lot 2, Block 221, Marco Beach Unit Five, a subdivision according to the Plat thereof, recorded in Plat Book 6, Pages 39 to 46, Public Records of Collier County, Florida. You, as the owner of the property above described, as recorded in the recorGs maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 12/10/97, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate O Estates. Weeds over 18". YOU failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $ 45.00 and ~_~ administrative cost of $200.00 for a total of $ 245.00. Such costs, by ~.~ Resolution oF the Board of County Commissioners of Collier County, florida, ~a,,e ~ a~e~sed a~ains~ =h~ above property on AUG 0 ~ 199~ and shai~ ,,._~.~-~ ~.,~_ a lien on ~,~_ property thirty (~O)~ days after such assessment. You may re~ues~ a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this ~'~';: ..... n~.~e are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing r. us~ be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writlng within thirty days from the date of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS CSce 9- i193 16Al RESOLUTION NO. 98- ..2~ ...... A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIE[.;, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE 91-47. WHEREAS, as pro';ided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation u[~on the property against which made until paid; and ~FHEREAS, the assessment shall become due and payable thirty (30) days after the ~iling of Notice of Assessment after which ~nterest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE iT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER CO'~TY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: N~E: LEGAL DESCRIPTION: COST ~di Pearson & Carol Irving $ 265.00 PO Box 571242 Lot 6, Block 184, of ~RCO BEACH Tarzana, CA 91357 ~IT SEVEN, a S~division, according to the Plat thereof, recorded in Plat Book 6, Pages 55 to 62 of the P~lic Records of Collier County, Florida. REFERENCE: 57648760001 71210-051 The Clerk cf the Board shall mail a not~ce of assessment o[ lien to the owner or owners of the above described property, and if such owner fails to Day such assessment within thirty (30) days hereof, a certified copy cf this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion, second and majority vote. DATED: AU6 O ~ 1998 ATTEST; BOARD OF CO~TY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER CO~TY, FLORIDA APPROVED ~S TO FORM -= ............ 2368258 0R: 2458 PG' 1436 CO~TY ATTORNEY CSce 11 1/98 C~I~I ~0 ~ ~0A~D BOARD OF COUNTY COMMISSIONERS CO T , LEGAL NOTICE OF ASSESSMI~NT OF LIEN DATE: Andi Pearson & Carol Irving AUG 0 ~ 1998 PO Box 571242 Tarzana, CA 91357 REFERENCE 71210-051 #57648760001 LiEN :~UMBEP: LEGAL ~-~ ....... ~-'" ' Lot 6, Block 184, of MARCO BEACH UNIT SEVEN, a Subdivision, according to the Plat thereof, recorded in Plat Book 6,Pages 55 to 62 of the Public Records of Collier County, Florida. You, as ~_he owner cf the property above describec, as rec~)rded in the records .~,ai.ttal.~ed by the cf lice of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 12/17/97, order the abatemer~r_ %f .~ ~'.~-rta[n nuisance existing on the above property prohibite~ by Ordinance 9!-47, serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. Prohibited dumping, accumulation, storage or burial of litter, waste or abandoned property. Weeds in excess of 18" (12-16). On 3 lots of commercial land, and beer cans etc. way at the back of the property You faiie-J %c a:cate such hussar, ce; whereupon, It was abated by the ezpendltcre c: [~,:L'~ic fund~ at a direct cost of $ 65.00 administrative cost of $200.00 for a total of $ 265.00. Such costs, by Resoiutlcn cf the Board of County Commlssioners of Collier County, Florida, na','~- been assessec against the above property on ~ 0 ~ ]~8 and shall be'~r.c· a ii~:n %n the ?roperty thirty (30~ days after such assess~ezt . show cau ........ :..,, why El:,: ezpens,cs ..... charTe5 :ncuure~ by the County under thls Cr~Jlnap. ce are un',:arrante<~ or ezcessive or why such expenses should ncl cons%i'u%e a lien agains:: -he property. Such request for hearing must be made to the Clerk of the Board of Coun5y Commissioners, Government :'?;:'~'.e:, :;aples, Florida 34112 in writing within thirty (30) days from ~?.e da::e of this assessment to be valid. CLERK, BOARD OF COUNTY COMM!SSIONEHS CSce 9- 1/93 i6A10 RESOLUTION !'20. 98- 287 A RESOLUTION CF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported tc the Board cf County Commissioners, together with a description of said parcel; and W.:{EBEAS, such assessment shall be a legal, valid and binding obligation upon the property against which ~ade until paid; and WHEREAS, the assessment shall become due and payable thirty (30) days after ~h~. mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE iT RESOLVED BY THE BOARD OF COU%~TY COMMISSiO:fERS CF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper no%ice thereof to the owner cf said property, is hereby assesse:i the foiiowln? costs of such abatement, to ',,'it: NAME: LEGAL DESCRIPTION: COST Eileen Curran Spector $245.00 1232 Woodridge Ave. Naples Manor ADD Blk 12, Lot 36. Naples, FL 34103 REFERENCE: 62101400000 80105-066 The Clerk of the Board shall ~all a notice of assessment of lien to the owner cr owners of the above described property, and if such owner fails to pay such assessmenz within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in [he official records of Collier County, to const:zute a lien against such property accordlng to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion, second and majority vote. DATED: AUG 0 4 19~8 ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA ',/ , ~A[~eSt as ,o %r,a~r~n ~ ' BARBJ~RA ~-.- ~RR¥,--CFFA~D~]~ls~gE~4~. $,'[grla t ure APPROVED AS TO FORM AND' LEGAL SUFFICIENCY: 2368259 OR: 2458 PG: 1438 D~vID~ WEI'G_L ' 0~/01/98 it Of:liCK DlI~! B, BBOCK, CLIRI COUNTY ATTORNEY RBC }'lB 10.50 COMBS ~.00 CSce 1i - i/)~ CLIRK tO till t~OARD I~?JRO~IICl ~?R ~LOOR DATE: Eileen Curran Specter AU(~ 13 ~ 1998 1232 Woodridge Ave. Naples, FL 34103 REFERENCE 80105-066 #62101400000 LIEN HUMi~P.: LEGAL DE.qCP 7 PT ~0~;: Naples Manor ADD BLK 12, LOT 36. You, as the c',.'r;er of the property above describ,-:, as recorded in the ad,/ised "h.~t '?.e Compliance Services Manager, d~ : on 01/6/98, order the akatemeni cf a certo!n nu~::ance existing on the ::~%';e property prohibi%ed b','~ Ordln-]-~. ....... "~-17, o~..;:~.. -,.~ :,~--='~";~'~ thereof upon. ,'-;u, such rluisance bein~j: Prohibited acc~ulation of non-protoctod mo~ablo vogotation in excess of 18" in height in a ~divtsion other than Golden Gate Estates. Observed weeds over 18" in height . You fa i ~ ~ ' ~ec '_c create such nuisance; ',.'hereu?on, i' ~.'as abated b7 the ezpendltu:e %'~ ~;ub' i,~ fund~ at a dLre.ct cost of $ 45.00 and admi~istrat:-. ..... c~5' ~f $200.00 .~cr_ a 'oral o~, $ 245.00. 3u~-h. c~,c~ts_ , ~,y Reso!uti~L .~ '.Lc h~ard o~ ?. ~nty Ccrmissioners ' Collier County, ~d~, ~.;~...,- ~,,,,.n ',:~:~s~: ~,'~a~nst ~ ~o'~e r~ ~r::~ on AU6 0 ~ 1998 shall be-tr~- ': l:~r. ';~, thc. propert7 thirty ~30) :,:'/s after such assessme:.% . You may z~u"~--' a hearing b~fore the Board of Co :::tv Commissioners to show cause, i' any, why the --'~p~nses .... and charges .._u,r_d",- ~ ~ by the County under thi~ O: {: ; -- -,~,.,~ a~ .......... , <.,~anted or excesslv.- ~r why such expenses should not constitute a lien agains% the propert'.. Such request for hearing rust ~3,} r-adc to the Clerk of the Board of Uounty Commissioners, Government C,::;t.'~:, :~.~)'. ~eo,~ .:-'~orlCa, '~4~ 12. in wri' :~q within thirty (30) days from %ne c~ete o~ 5bls assessment to be vali,: CLEPK, BOARD OF COUHTY CO~.U.~:SSIONERS CSce 9- i/9% ('()N.STI/,UCTI()N ANI) ,%IAINTENANCI.; A(;I,IEEMI.'.NT OF .SUI~I)iVISION IMPROVEMENT.% Till,% ..\(;i,tEEMI'~NT entered into this ~.-": dav of - 'l~. lt)9S, hclwcct~ WCI CO31ML~NI'FIES I,IMITED i'AI~,TNERSIIlI', a l)clawar~'~'.imitcd l'artncrship. hcrcinal~cr rclL'rrcd to as "l)cvclopcr". and the Board oF Cotllltv (_'(~n~missioncrs (,F C'ollicr County. l"lorida, hcrcinal'tcr rclL'rrcd to as "Thc I~(,ard". R I'](; ! 'I';\ 1 ,N l)cxcl,,pcr ha.s..,,;in'~ultai~cou.sly x,,ith thc clelivcrx ~,I' ~hi.'.; tSnit ' l)ixi..,i,,n 3.2 ~)l' thc C'()llicr (.'()tilitx' ID~ilicd I.:.illd l)cvch)pl)lcn! ('()cie r,.zLltli,'cs I]~' {)cx clt)l'~cr I~ ?~st :H~propriatc guar:lntccs l'~)r construcli~n ~)t' thc impr~)vc~ac~ts rcqt:ircd l~r thc c~)nslruction ol'thc required improvements. N()~V, TilEREF()RE. in consideration of thc t~rc?ing premises :~nd covenants hcrcinal'tcr scl t~rth, l)cvclopcr and thc Board do hereby covcn~nt and a~rcc 1. l)cxclopcr x~'ill c:.~usc tt~ b,.: c~nstructed: 'l't'~e l'~avin~, dr:~i~:lge, p(>tnblc w~ttcr. irrigzttion xvatcr, sanitary sewer, and street lighting in~provcmcnts l~r l'clic~t~ ~l~trsh tSnit 20. within twenty-f~ur ~24) months From thc date s~id subdivision ptz~t, and said in~pr~vements hercinal~cr rcfc'rrcd to :~s thc "fcclui red i~provemcnts". 2. l)cx'clopcr herewith tenders its Subdivision Pcri~rmancc l~l~nd (attz~chcct hereto as l'ixhibit "A" ~md bv rcl~rcncc made a part hcrcot) hcrcinal~cr thc "l/{)nd". in thc amotmI oF SI.O34,566.50 which amouilt represents 10% of thc t~tz~l contract cost to complete construction, plus 100% of the estimated cost c{~plctc thc required improvements at thc dgttc oF this 3. In thc event oF dcVztult by thc l)cvcloper {~r t2tilurc off thc Developer complete such improvements within thc time required by thc I,ancl I)cx'clopment Code. Collier County. al~cr written notice to Developer, mav trill upon the Bond to insure satisl~ctorv completion t)t' thc rec]uirccl improvements. 4. Thc required improvements shall not be considered complete until a statement o1' substantial completion by Developer's engineer along with thc l~nal project records have bccn ]'urnishcd to bc reviewed and approved bv thc l)cvclopmcnt Services I)irectt~r l~r compliance with thc Collier County l,ancl l)cvclopmcm ('ode. The l)evclopment Services Director shall, within sixty (60) clays of receipt of the statement of subslantial completion, submit his recommendations cm~cerning the required improvements to thc Board. t;pm~ receipt b,. tile l~,oard of recommendations from thc l)cvclopmcnt ~erviccs Director concerning required improvements, the Board shall within thirty f301 days either: fa) nolit3' thc Developer in writing ~f its preliminary acceptance of thc improvements: or lb) notil? thc developer in writin~ of its rcl'usal Io accept thc improvements, thcrcx~ith spccil3'ing which thc I)cvclopcr llltlst fulfill in order to obtain thc }~oard's acceptance fl~c improvements, l lm~cx'cr, in no event shall thc Board refuse prcliminarx acceptance of thc improvements if they arc in fi~ct conslructcd and submitted fi~r :~ppr{~x al in accordance with thc requirements ,~l'lhis/X~rccmcnl. Iht I)cvch~pcr shall maintain all required improvements l'~r n~inimum ,~1' ~mc xcar al~cr preliminary acceptance by thc I~(~ard: al'tot thc m~intcnancc period by thc l)cvclopcr has terminated thc %crx'iccs [)ircctor shall inspect thc improvements and. if limnd to bc slill c~m~pliancc with C(fllicr County l.aml l)cvcl{~pmcnt ('ode as rcllcclcd bx final acceptance by thc lhmrd, thc I)cvclopcr's responsibility liar maintenance thc required improvements shall terminate and the lloard shall release thc remaining 1(}% of thc Broad. olhcrxvisc thc Developer's rcsponsibilitx m:fimcnancc shall c{mlinuc until final acceptance by thc 7. In accmdancc with l)ivisitm 3.2 ~t' thc (.'oilier County l.and Dcvclopmcm Code. thc I)cvclopcr may request thc Development Services l)irccmr t~, reduce annually the dollar amount oF the Bond on thc basis of w{~rk ctm~plctcd. Each request tBr ~ reduction in thc dollar amount of thc Bond shall be accompanied by a statement of substantial completion by thc I)cvch,pcr's engineer together with thc project records necessary for rcvicxx bx thc I)cvch~pmcnt Services Director. Thc development gcrviccs I)ircctot may grant thc request lbr a reduction in thc amount of thc Igond fi~r thc impmx'cmcnts completed zts t~l'thc dale of thc request. In t}~c event thc Developer shall fitil or neglect t{) full5ll its obligati(ms trader this Agreement. upon certification t~[' such lhilurc by thc I)cvclopmcnt Ncrviccs Director and upon notice as provided by thc l.and l)cvclopmcnt C~dc. thc Board shall have thc right to construct and maintain. {~r cause to bc conswuctcd or maintained, pursuant lo public advertisement and receipt ami acceptance of bids. thc improvement required herein. The l)cvclopcr, as principal under thc Bond tendered herewith, shall bc liable to pay and I~ indemnify the Board. upon completion of such construction, thc final total cost to thc Board thcrcof, including but not limited to. engineering, legal and contingent costs, together with any damages, either direct or consequential. which the Board may sustain on account of thc failure of thc I)cvclopcr to cam..' out all of the provisions of this Agreement. 9. Ali of the terms, covenants and conditions herein contained arc anti shall be binding upon thc respective successors and assigns of thc I)cvelopcr. IN WITNESS WilEi,IE()F. the Board and the I)cvclopcr have caused this Agreement to be executed by their duly authorized representative this _~;.~5tlav of' Owner & Applicant Signed. scaled and delivered WCI Communities I,imitcd Parmership. a I)clax~arc I,imitcd ParlncrshJp in the presence .f: I~x': Susan l tcbcl Waits . .~ Senior Vice l'rcsidcnt A]q'EST: I~()ARI) OF C()IJNTY DWIGtlT E. BR )(K. CI,I:RK COMMISSIONER OF ('()I,I,II~R COU~ I~.FI,ORIDA Approved as to form and Chairman legal sufficiency: l}avid C. Wcigcl County Attorney ~l~natur~ o,,I7. and [I);~irltctiarl~¢ ;l?CCIll¢lll doc COLLIER COUNTY LAND DEVELOPMENT CODE PERFORMANCE BOND Bond Number: 1.5-007.,51 I KNOW ALL PERSONS BY THESE PRESENTS: that WCI Communities Limited Partnership .]4301 Walden Center Drive Bonita Sprinl~s, FL 34134 (hereinafter referred to as "Owner") and Liberty Mutual Insurance Company Boston. Massachusetts (hereinafter referred to as" Surety") are held and firmly bound unto Collier County, Florida, (hereinafter referred to as "County") in the total aBl~rel~ate sum of One Million Thirty-four Thousand Five Hundred Sixty.six Dollars and Fifty Cents ($1,034,566.50), in lawful money of the Uniled States, l'or the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally firmly by these presents. Owner and Surety are used for sinBular or plural, as lhe context requires. THE CONDITION OF THIS OBLIGATION is such that whereas, the Owner has submitted for approval by the Board a certain subdivision plat named Pelican Marsh Unit 20 and that certain subdivision shall include specific improvements which are required by Collier County Ordinances and Resolutions (hereinafter "Land Development Rel~ulations"). This oblil~ation of Surety shall commence on the date this Bond is executed and shall continue until the date of the final acceptance by the Board of County Commissioners of the specific improvements described in the Land development rel~ulations (hereinafter the l~uaranty period). NOW. THEREFORE. if the Owner shall well, truly and faithfully perform its oblij~ations and duties in accordance with the Land Development Rel~ulation$ durinl~ the ~,uaranty period established by the County, and the Owner shall satist'y all claims and demands incurred and shall fully indemnify and save harmless the County from the aj~ainst all co, ts and damal~es which it may suffer by rea~n of Owner's failure !o do so, and shall reimburse and repay the County all outlay and expense which the County may incur in makin~ i~ood any default, then this obligation shall be void, otherwise to remain in full force and effect, PROVIDED, FURTHER, that the said Surety, for value received hereby, stipulates and a~rees that no chanl~e, extension of time. alteration, addition or deletion to the proposed specific improvements shall in any way affect its oblii~ation on this Bond. and it does hereby waive notice of any such chanf~e, extension of time, alteration. addition or deletion to the proposed specific improvements. PROVIDED, FURTHER. that it is expressly al~reed that the Bond shall be deemed amended automatically and immediately, without formal and separate amendments hereto, so as to bind the Owner and the Surety to the i'ull and faithful performance in accordance with the Land Development Ret~ulations. The term "Amendment," wherever used in this Bond. and whether referrinl~ to this Bond. or other documents shall include any alteration. addition or modification of any character whatsoever. oo IN WITNESS WHEREOF. the partie~ hereto have caused this PERFORMANCE BOND to be executed this 25:h da~ ~/~nev ct-. Ju 1997. WCI Communities Limited Partnership .~ignatur~e [ ,/'~ a Delaware limited partnership Witness-PdntedName r- /~")y ~"'~ Witness-Signature Steven C. Adelman Vice President/Treasurer Witness. Printed Name State of County of The foregoing instrument was acknowledged before me by Steven C. Adelman. Vice President/Treasurer on. If of 'gVCI Communities Limited Partnership, a Delaware limited partnership. Personally known , ,, or Produced identification . Type of identification produced kVITNESS my hand and official seal this 2.Stb day of June 199J~. :. ,~,;~. u~u,, ~. ,~INS My Commission Expir~: '. ".L-.~J ~ '~~~~ I I~l~ Nota~ Printed Name LISA G~CIA UB[RIY ~UIUA[ ~NSURANC~ COMPANY ~J~SIJ~ Na[alie Reingold ~ ~Attorney-in-Fact C~UNTE~RSIGNATURE Licensed Resident,_Ag~ent NANCY H. ZALESKI SURETY ACKNOWLEDGMENT State of New York County of New York On June 2.5, 1998, before me personally came NATALIE REINGOLD, to me known who being by me duly sworn did depose and say that he/she resides in NEW YORK, NEW YORK, that he/she is Attorney-in. Fact of LIBERTY MUTUAL INSURANCE COMPANY, the corporation described in. and which executed the within instrument; that he/she knows the seal of said corporation; that the seal affixed by order of the Board of Directors of said corporation, and that he/she signed his/her name thereto by like order; and that the said company has received from the Superintendent of Insurance of th'e State of New York, and that such certificate has not been revoked. \ C, omJ-r~ion Exl:~ree Se~. 3, ~ ...~ , Nol~w Public " TH'~ POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. 3 9 8 2 2 0 Thio Power of Attorney limits the ecl of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. LIBERTY MUTUAL INSURANCE COMPANY ! ' '~ ~ / BOSTON, MASSACHUSETTS POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (lhe 'Company'), a Massachusetts mutual insurance company, pursuant to and by aulhority of the By-law and Aulhodzation hereinaffer set fodh, does hereby name, constitute and appoint. HARRY A. DINGER, JR., JOHN D. MILLER, DIANA FIGUEROA, NATALIE REINGOLD, ALL OF THE CITY OF NEW YORK, STATE OF NEW YORK ............................................................ , each ~nclrviduatly d there be more than one named. ~fs true and lavcful attorney-re.fact tO make. e~ecute, seal. acknowledge and dehver, for and on ds __ behalf as surety and as r,s act and deed. any and all undertakings, bonds, recognizances and other surety obhgahons ~n lhe penal Sum not exceeding ~~N**'r~ .... '~'*'.,, .... ,,,**,,,,,, ............. DOLLARS ($ 50 000 nO0 ..... )each. and Ihe execuhon of such bonds or ~h~e~lkit~ .~7'i'n"'i~urSuancO of these presents, shall be as bmdmg upon Ihe Company/as ~J'~hey had been duty s,gned by the pr.'~s~dent and a,ested by the secretary of the Company m lhe~r Own proper persons. That this power fs made and e~,ecuted pursuant tO and by authority of the follow~ng By-law and Authorlzahon: ARTICLE XVl - Execution of Cern'acts- Section 5. Surety [~onds and Undedakings. Any off~Cer or cmer OthC~al Cf ',ho company aulhonzod for thal purpose ~n wrmng by the chmrman or Ihe presJdonl, and subject JO such limrlalions as lhe chairman or the pres,deal may prescnbe, shall ,"tppoml such attorneys-m-facl, as may be necessar'/ Io act m behaff of the company Jo make. execute, seal. acknowledge end deliver as surety any and all undedakings, bonds, recogmzancos and other sure~' ot)ligahons. Such attorneys.~n.tact. 5objec! Jo fha hmffahons set forth ~n their respechve powers of attorney, shall have lull pOwer ~o b~nd lbo company by lhe~r s~gnalure and execuhon el any such ~nstrumenls and tO attach lhereto lhe seal of Ihe company When so execuled Such instruments shall be as b~ndmg as ~f s~gned by the president and affested by the secretary. By the following mslrume~t fha Chairman or the pres~de~! has aulhor~zed lhe ofhcer or other ofhc~al named lhermn to appomt; omey5- n-fact: Pursuant fo Adlcle XVl. Sechon 5 of the By-laws, Assistant Secretary Oarnel VI Elhott ~s hereby aulhonzed to appoml such attorneys-in.fact as may be necessary Io act ~n behalf of the company JO make. execule, seal. acknowledge and dehver as surety any and all undertakings. bonds, recogm?ances and other surety obhgahons That the By-law and the Authonzahon above eel forth are Irue copies :hereof and are now ~n full force and effect IN WITNESS WHEREOF. th~s ~nstrumenl has boon SubSeT;bed Dy ,ts aulhor,zed off*car and the corporate seal et the smd L~ber*v Mu:ual Insurance Company has been afhxed fherelo ~n Plymouth MeeI~ng. Pennsyl.,,ama fhm 291h _ day o? July :¢¢ 9Z .... LIP__,EFt;Y f,',UTUAL IHSURAh!CE COt/,PAI',/Y Garr~e! Vt. E#~off, Ass.slant 5e<.'e',~¢i COMMONWEALTH OF PErJ¢~S','LVA~IA COUNTY OF MONTGOMERY On this ____2__91_h___ day cf ....... July ....... A D. 19 __ 97 ~. before me. a Notary Pubhc. personally came lhe ,nd v,dual known to me Io be Ihe Iherein dasd. rC.,~'-,=~4v~du;d and olliCer el Lpbeny Mutual Insurance Company Wad executed Ihe preceding pnslrumenl, and ne acknowled- ged thal he executed ~e.$am',e ar~d. Ctal the seal afhxed to lhe smd preceding mstrument ~s the corporate seal of smd company; and thal smd corpOrale seal and h~s s~gnatufe/~8c¢°~'t'b'~d" -': .': .... ,Ibere4.o.,.. . was (July afflxr, d. and subscribed to Ihe sa~d ~nstrumen! by authority and d~reclion el lbo sasd company. I/',l TESTIMON~'¢HEREOF.(~,. ']~ I heteUoLo, set my hand and afhx my othoaf seal at Plymoutb,~/~,~/,,_~.]t,'~eelpng P~]~~~he day and year l~rsr above w~,fler~ ~-?,-~. ~ - CERTIFICATE J. l~e undersigned. A~llanY~reta~ of L~berty Mutual Insurance Company. do hereby comfy Inet the original power of aflorno./ ,)f which forego{nJ ~s a full, Irue and'~copy, ~s m lull force and effec~ on the date of fh~s cemhcate and I do fudher cem~ [hal fha Ofhcer who ¢¢xeculod said ~wer of a~orney was one of the officers specially authonzed by the c~a~rman Or the Free,deal Io appomt any allorney-~n-facl as pro./r~¢?j fn Ad,cie XVl. Section 5 of the By4aws of Lpbedy Mutual Insurance Company. Th~s cedlhCalo may be signed by facs~mdo under and hy autronty of the follow~ng vole of lhe board of d~recfors of L~bedy tAu;~;;~l Insurance Company ale moehng duly called and heldonlhe i2lndayof March. 1980 VOTED lhal lhe facs~mde or mechamc8lly reprOduCed s~gnalure of any ~ss~slant Socrotar~ of tho company wherever appearing tJDon 8 ced~fied copy of any power Of ,~ttomey ~SSued by ~he compan/, 5~(t~1 bo 'v,~hd ,lr~d binding upon lhe company wdh lf~e same lotto arid effect as though manually alhxed TESTIM ' * I E ave. _. r.r,r~untOlg. - subscribed mi. r:ame ~nd; th~ed the corporatO seal of Ihe said temperW, Ibis _ day of THIS POWER OF A~Ont~Ef ~aAY t~Of 8E USEd TO EXECUTE AtIY 8OtID WITH a~l INCEPTI~O~ A~ER .......... ~UI~L 29 . . ~e 99. _. SI·tutor,/Bal·nce Sheet (doll·r~ in thousands) Assets Bonds.~_ I 1,609.662 Common & P~ferred SI~ , ,~ ............ 4,446.583 Real EsL·re 128.3OI Cash & Shor~-Terrn Invest~nent~ ............................................................................. 242,970 CRher Invested As,t.e~ ................................................................................................ 27 Subtotal C.~sh ·.sd Invested As.~.~s ................................................................................................... 16,698,7~4 Premium in Coume of ColJec!ion'. ........................................................................................... 1.521,916 Relnsur~n~ Recoverables on Loss and Loss Adjustment Expen_~ Payments ...................................... 183.530 Interest, Dividends and Eeal Est~le Lncome IDue and Accrued ................................................................. IE~,557 Other A.sse~s ..................................................................................................... 779.394 TOTAL ADMITTED ASSE'TS ................................................................................ 19.352,181 Liabilities and SurDlus Reserve for Losses and Loss AdjusLment F~pen.~s ...................................................................................... Re~erve for Unearned Pr~rnitu~s ............................................................................................... 1,629,~37 EeLnsurance Payable on Paid Loss an~ t4~ss Adjustment Exper~-s .......................................................... Federal Income Tax and State P~emium Tax Accrued ........................................................................................ 91.774 Other Liabilities ............................................................................................................................... 1,319,565 TOTAL LiABILITIES ................................................................................................... 13,285,848 Un~ssig'ned Surplus ......................................................................................................... 4,924,567 Guaranty Funds ....................................................................................................................... 1,250 Surplus Notes ........................................................................................ 1,140,516 TOTAL SURPLUS ................................................................................................................ 6,066.333 TOT^I~ LLABILITIES AND SURPLUS ...................................................................... 19,352,181 ('Excludes prerniu.,r~ mote than 9~ days due) COMMONWEALTtl OF MASSACJ IUSETTS SS: COUI',rTY OF SUFI:OLK D~-nnis L~ngwell, being duly sworn, ~ay~: That he is Vice ?residen! and Comptroller of Liberty Mutual insurance Company; ~id Company Ls · mutual Lnsurance company duly organized, existing and engaged in business as a surety by virtue ol the law~ lus duly complied with aU the requirements ol the laws of said Commonwealth and o! the laws~ Commonwe. lthof the SLate of ~T~'l~t~ct ............................... applicable Io said Company and is duly quaLified Io ·ct as surety under such laws; that said Company has also complied with and is duly qualified lo act as surety on federal bonds under Section 9305 of Title 31 oir the United States Code. That the foregoing is · full true and correct slatement of the Fu':ancial co·dillon of said Company an the 31st day December, 1997. Sworn Io before me this 31s1 day of March, 1998 Tills CONSTRUCTION AN MAINTI'~NANCE AGREIiM F. NT fi',r SUI31)IVISION / /- IMPROVEMENTS, entered into this /,:o day of ' /z,.~,~, ' 1998, between REPUBLIC DEI/ELOPMENT CORPORATION OF OIIIO,~INC. /13,71 DEI/ELOP3IENT CORPORA TION, hereinafter jointly referred to as "I)evelopcr" and the 13oard of County Commissioners of Collier County, Florida, hereinafter referred to as "Thc RECI'FAI.S l)cvcloper has, si:nultaneously with the delivery of this Agreement, applied for thc by the Board ()fa o.'rtain plat ofsubdMsion to be knov.'n as. III?I..IRIf'(;OI; U,X'IT,W.V. 2 Division 3 2 of the Collier County Unified Land Development Code requires thc l)cvctopcr to post appr,)priate guarantees for the regulations, said guarantees to be inco.,-poratcd agreement, :vith security, £or the construction or'the required NOW. 'I I IIiRtiF¢)t.'.t!, i:~ ,.'o:;:,idcr'ati,)n of ;[lc l',,rc;zoin~ , .... ',:'. set forth. I)evclopcr and t!~e Board do hcicb5 o.>xcnant and ag~cc ;ts ftfllm,, infrastruct,.::c ,,cr',in_u I;RI..II¢I{'()t'ID U.N'IT .~;I.\' ',,.lth:n 36 :n,m:}:~ '" ' ' ,,,~,1, t[;c d.::c approval of s:nd subdivision plat. said ~:nt~rovemcnts hvrcin ;tiler rclL':~cd to :iq thc irnprovcmc::t s 2. I)¢vdoper hc~cv, ith tenders its l.¢ttcr of Credit/Surety Bond (attached hereto as li×hil,lt ":\" and by rct'crcnce made a part hcreot) hereinafter the "I.etter of' ('redit"/".";urctv t~,ond", the amount of $396.674.00~ which amount represents 10% of Ibc cstim:,,Icd o,~,t It) complete constmctit)tl plus I00°~.~, of th{.. estimate cost to c(m:plcte thc improvements at thc d:ttc of this ..\~urccmunt Ir: the cvc~;: t,l' d,.'f!~ult Irc thc I)cvcl,}per or fhilure iff' thc [)c'.clt~pcr rccluircd im;~o'.cmcnts Thc required improvements shall m~t bc considered comtflctc until a completion bv I)cvdoper's engineer along with the tin:tl project rcct,rds to be rcvicx,.cd and approved by thc Development Scrxiccs Director (7o[licr ('ou:~Iv ;.and Dcvclopn~cnt Code · ; The l)cvelopment Services Director shall, within si×tv ¢60) days ofrcccipt of thc sta:cmcnt of substantial completion, either: a) notify the Developer in v.'riting of his preliminary approval of the improvements; or b) notify tim l)evcloper in writing of his refusal to approve improvements, therev.'ith specif.ying those conditions ',~,hich the l)cvclopcr must fulfill in order to obtain the Director's approval of the improvements l lowever, in no e,.'cnt shall the Development Services Director refuse preliminaO' approval of the improvements if' they are in fact constructed and submitted f'or approval in accordance with the requirements of this Agreement. The l)eveloper shall maintain ali required improvements fi)r a nfinimum period of or~c after prelimina,T approval by the Development Szrviccs Director After tim one maintenance period by the Developer has terminated, the Developer shall p~tititm Development Services Director u, inspect the required improvements The l)cvcl~pmcm Sec'ices Director or his designee shall inspect the improvements and . if Ibund to bc :,till compliance with the ('oilier County l.and Development ('ode as reflected by final by the Board. the Board shall re!case t}:e remaining 10~a of thc subdivisions security The Developer's responsibility tbr maintenance of the required impro','cmc~::s >hail continue LIII',CSS or until thc l~oard accepts maintcn.mcc rc,ponsibility lbr and by thc (',,unlx .Kix (0) re, ruths after thcc','.,t.,....,,,'i,m t,f ti:is ..%~rvcmct~t amt once x,.'ilhin cvc~v s~x {e,/ thereafter the l)evch)pcr may request the Dcvch)pmcnt Ncr-vices Dircctt~r it, ~cducc dollar a;n, mnt ol'thc 5ubdivisio:~ pcr'tbrm:mce security on thc basis of. v.(nk complc~c:l request f.~r :: rcducti~m m thc d~)llar mm,ant of the subdivi>i~m pcrtbrmancc security Development Services Director may grant thc request fi~r a rcduclion m thc ;llllt>tlllI subdivision peril)finance security Ibr the improxcmcnts completed as rd' thc date request 7 In the event the Developer shall fail or neglect to fullill its ohlig:,tions under this upon certification of such fitilure, thc ('ountv Administrator may call upon thc pcrl~rmancc security to secure satis!hctorv completion. ~cpair and maintcn:mcc required im;,rtwcments Thc Ik~ard shall haveth:' right to construct and mai~tain. acccptancctffbids, thcimpr,r.cmcnts~cquircd h~':cin ThcDcvcIopcr. as principal subdivision performance scc'urity, shall be liable ti, pay and ti, indemnity thc completion of such COllStructioI1, thc l~rlal lolaJ cost lo thc Board thcrcol} includir~g. limited to. engineering, legal and contingent costs, together with any damages, either or consequential, which the lloard may sustain on account of tho 12Ulure of thc fiJlfitl all of.thc provisions of this Agrccmcm All of the terms, co,.'cnants and ctmditions he~cin comair:cd ;ire and sh:tll Iw bind,nu tlpoI1 tixc Dcvcl,.,;>cr and thc tc..,pccti~.c ..,uccc:,~n s and as~,iuns c>t'thc l)cvclt,pcr I 1N WITNESS WItEKEOF, the Board and the Developer have caused this Agreement to be executed by their duly authorized representatives this -"/'""~ day of' ,/'2 .... ~ , 1998. Signed, Sealed and Delivered BKIARW00D DEVELOPMENT COPORATION in the presence of: ~f F~', ~, ;-p~: s ..d.~, ~;-'x'.-~ William Spir~elli, President REPUBLIC DEVELOPMENT CORPORATION OF OHIO, FNC., a Florida Corporation ~'~c.42/Z L. /v, //,~'7 /4. William C. Mitchell, President ATTEST: BOARD OF COUNTY COMMISSIONERS Dwigh[ E. Brock, Clerk 0f COLLIER COUNTY, FLORIDA slona:.u Approved as ~o form and legal sufficiency: D~vid C. Wi~gel Collier Cou~lty Altorney 5.26.98 BRIARWOOD UNIT SlX QTY. Ut~IT COST PRICE POTABLE WATER 8' PVC 1180 LF $9.80 $11,564.O0 12' PVC 991 LF $12.80 $12,684.80 FIRE HYD W/VALVE 7 EA $1,500.OO $10,500,00 3' COhlDUIT 800 LF $1.30 $ 1,040.00 8' GV 4 EA $725.00 $2.900.00 12' GV 3 LA $1,085.OO $3,255.00 PERM. SAMPLE POI~T 1 £A $725.00 5725.00 TEL4P. BLOWOFF 1 EA S600.O0 S600.00 TOTAL WATER 543,268.80 DRAIhlAGE 1S' RCP 875 LF $16.20 $)4,175.00 42' RCP 450 LF $56,Ob 525,200.00 GRATE Ii,LET 2 EA $980.00 51,960.00 COtICRETE HEADWALL 4 EA $1.050.00 ~,~,2c)0.00 THROATIt~LET 8 EA $1,250.OO $I0,000.00 TOTAL DRAIJ'IAGE $55.535.00 PAVIt,~G 1 1/2' ASPHALT (2 LIFTS) 6581 SY S3.20 $21.059.20 6' BASE 6581 SY S3.60 S23,691.60 12' STABILIZED SUBGRADE 8003 SY $2.20 $t7,606.60 SIDEWALK 3815 LF $6.50 s 2.:.797.50 TYPE A CURB 224 LF S6.21 51,391.04 TYPE E CURB 181 LF $6.20 s1,122.20 VALLEY CURB 3861 LF $S.20 $20.077.20 TEh4PORARY TURU AROU~JDS 1 EA $3OO.OO $300.OO SIGt~AGE/STRIPING 1 LS $1,750.00 $1,750.00 STREET LIGHTIt~G 6 LS $800.00 54,800.00 TOTAL PAVItJG $116.595.34 £ARTHWORK CLEARIf~G 21.2 AC $1,611.32 $34,160.OO EXCAVATION 44450 CY $2.OO $88,900.00 SWALES/BERMS I LS $ 6,325.OO S 6,325.00 LANOSC A PII','G 1 LS $5o710.00 $ 5,710.00 SODOIt~G LAKES,SWALES,BERMS 1 LS $4,000.00 $4,000.00 TOTAL EARTHWORK S 139,095.00 SAI'JITARY SEW£R LIFT STATION $ LS $46,000.00 S46,OOO.OO 8' PVC SAtJITARY SEWER 1889 LF $11.90 $22,479.10 MAt~HOLES 12 LF $I,050.00 $12,600.00 6' SAtilTARY LATERAL 875 LF S5,70 $4,9~7.50 4' PVC FORCEMAI~'i 1093 LF $5.40 S5,902.20 CLEANOUTS 25 EA $122.O0 $3,O50.00 TOTAL SAt~ITARY SEWER S95,O15.80 TOTAL *,449.513 LAKE BOt~C) $25.000 SUBDIVISIOtJ BOHD s 396,674 C[ EARItJG FEE $ 250 PLAT REVIEW FEE $510 UTILITY R£VIEWtlr,lsP£CT ~'~2% S 2,766 sgBOIVlSlOti (~1.7% S3,780 LAKE PERh/IIT A~D APPLICATIOt/ $316 TOTAL S7,622 KeyBank KeyCorp Bank KEYBANK NATIONAL ASSOCIATION SWIM' KEYBUS33LCC INTERNATIONAL OPERATIONS TELEX: 212525 SNB UR 127 PUBLIC SQUARE FAX: (216) 689-4066 CLEVELAND, OHIO 44114-1306 PHONE: (216) 689-7032 DATE: JULY 15, 1998 IRREVOCABLE STANDBY LETTER OF CREDIT NO. S98/95514 ISSUER: KeyBank National Association International Operations (OH-01-27-0706) 127 Public SQuare Cleveland, Ohio 44114-1306 PLACE AND DATE OF ISSUE: July 15, 1998. Cleveland, Ohio PLACE OF EXPIRY: At Issuing Bank's counter in Cleveland, Ohio DATE OF EXPIRY: This Credit shall be valid until JULY 15, 1999, and shall thereafter be automatically renewed for successive one year periods on the anniversary of its issue unless at least sixty (60) days prior Co any such anniversary date, the Issuer notifies the Beneficiary in writing by registered mail or courier that the Issuer elects not to so renew this Credit. APPLICANT' Reoublic Development Corporation of Ohio, Inc. - 3150 Republic Blvd., N. No. 3 Toledo, Ohio 43015 By order of Briarwood Development Corporation 3927 Arnold Avenue Naples, Florida 34104 BENEFICIARY:The Board of County Commissioners Collier County, Florida Collier County Courthouse Complex Naples. Florida 33962 ~ttn' Office of the County Attorney AMOUNT: USD 396.674.00 (United States Dollars Three Hundred Ninety Six Thousand Six Hundred Seventy Four and 00/100). CREDIT AVAILABLE WITH: Issuer BY:Payment against documents detailed herein and Beneficiary's draft at sight drawn on the Issuer. *~CONTINUED ON PAGE TWO~* Authorize~S'ignatu Authorized Sig~hture/EvtNo. O1 KeyBank KeyCorp Bank KEYBANK NATIONAL ASSOCIATION SWIFT: KEYBUS33LCC INTERNATIONAL OPERATIONS TELEX: 212525 SNB UR 127 PUBLIC SOUARE FAX: f216) 689-4066 CLEVELAND. OHIO 44114-1306 PHONE: (216) 589-7032 PAGE TWO - CONTINUATION OF LETTER OF CREDIT NO. S98/95514 DATED 07/15/98 DOCUMENTS REQUIRED' Available by Beneficiary's draft(s) at sight drawn on the Issuer and ~ccompanied by Beneficiary's statement purportedly signed by the County Manager, certifying that' "Republic Development Corporation of Ohio. Inc. and Briarwood Development Corporation has failed to construct and/or maintain the improvements associated with that certain plat of a subdivision known as BRIARWOOD UNIT SIX or a final inspection satisfactory to Collier County 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." Drafts drawn under this Letter of Credit must be marked: "Drawn under KeyBank National Association Credit No. S98/95514 dated July 15, 1998". The original Letter of Credit and all amendments, if any. must be ore- sented for proper endorsement. This Letter of Credit sets forth in full the terms of the Issuer's under- ~aking and such undertaking shall not in any way be modified, amended, or amplified by reference to any document, instrument, or agreement referenced to herein or in which this Letter of Credit relates, any any such reference shall not be deemed to incorporate herein by reference any document, instrument or agreement. Issuer hereby agrees with Beneficiary that draft(s) drawn under and in compliance with the terms of the Credit shall be duly honored by Issuer if presented w~thin the validity of this Credit. This Credit is subject to the Uniform Customs and Practice for Documentary Credits flg93 Revisions. International Chamber of Commerce Publication No. 500. Authorized Sign Authorized Signature/EvtNo. Ol CONSTRUCTION AND MAINTENANCE AGREEMENT OF SUBDIVISION IMPROVEMENTS THiS ('ONSTRUCTiON AND MAINTENANCE AGREEMENT FOR SUBDIVISION. I3.'IPROVEMENTS cnlered into this ~_ , ~~./~' day of /~ , ..1998 bcmccn island Walk Development Company hereinafter ~efcn'cd lo as "D~clol~t" and thc Boald ofL'ounl~ ('oJnmis, ioncrs of Coilicr County. Florida. hereinafter' referred lo a, "Thc Board". RECITALS i. i)cvciupc~ t~a.$, simultaneously with tire deliver), ofthis Agreement, apl)lied ti~e apprw, ai by ti~e Board of a certain plat of a subdivision to be known as' Island Walk Tract "O". Ti;c Cove at Island Walk. 2. Division 3.2 ofti~e Collier County Unified l.and Development Code requires the Developer to post appropriate guarantees for the construction of the improvements required by said subdivision regulations, said guarantees to be incorporated in a bonded agreement for the construction of the required improvements. NOW. THEREFORE, in consideration of the foregoing premises and ~nutual covenants hereinafter scl forlh. Developer and the Board do hereby covenant and agree a, folio~,,.s: I. Deveioper will cause to be constructed: a potable water system, sanitaO, sewer system, drainage, grading, paving and misceiianeous as outlined in Engineer's Cost Estimate (attached herelo as Exhibit ",,\" and by reference made a part hereof') wiflfin i 2 months from the date of approval of said subdivision plat. said improvements hereinafter referred to as the required improvements. 2. Developer herewith lenders its subdivision performance security (attached hereto as Exhibit "B" and by reference made a part hereof) in Ihe amount of $670,684.00. which amount represents 10% of the total contract cost to complete construction plus 100% of thc csti~natc cost to complete the required improvements at tile date of this Agreement. 3. In the event of default by the Developer or failure of the Developer to complete such improvements within tile time required by the [.anti Development Codc. Collier County. after written notice to Developer. may call upon thc subdMsion performance security to insure satisfactory completion of the required improvements. 4. '['he required improvements shall not be considered complete until a statement of substantial completion by Developer's engineer along with the final pro. icct records have been furnished to be re,';ewcd and approved by the Development Services Director for compliance with tile Collier County [.and Development Code. 5. The Development Sen'ices Director shall, within sixty (60) days ofreceipt of tile statement of substantial completion, either: a) notify tile Developer in writing of his preliminaD' approval of the improvements: or b) notify the Developer in writing of his refusal to approxe improvc~nents, therewith specifying those conditions which the l)o,'clopcr must fulfill in order to obtain the Director's approval of the i~nprovements. }lowever, in no event shall thc l)cvelopmcnt Services Director refuse preliminary approval of thc improvements if they are in fact constructed and submitted for approval in accordance with the requirements of this Agreement. 6. 'l"he l)cvelopcr shall maintain all required improvements for a minimum period of one .,,'car after prclimina~' approval by the Dcvclop~ncnt Sen'ices Director. After thc onc >'ear maintenance period by the Developer has ternfinated, the Developer shall petition the Development ScrQces Director to inspect the required improvements. The Development Sen'ices Director or his designee shall inspect tile improvements, and. if found to be still in compliance with Collier County I.and Development Code as reflected by final approval by the Board. the Board shall release the remaining 10% of the subdivision perfommncc security. The Developer's responsibility for maintenance of the required improvements shall continue unless or until the Board accepts maintenance responsibilit),' for and by the (_'ountv. 7. ,Six (6) months after the execution oftbis Agreement and once within ex'cD' six (6) months thereafter the Developer may request the Development Services Director to reduce the dollar amount of the subdivision performance security on the basis of work completed. [(ach request for a reduction in the dollar amount of the subdivision security shall be accompanied by a statement of substantial completion by tire Developer's engineer together ',,,'{th the project records necessary for rex'icy,' by the Development Services Director. Tire Development Services Director may grant tile request for reduction in the ~nount of thc subdivision performance security ['or the improvements completed as of the date of the request. 8. In tim event thc Developer shall fail or neglect to fulfill its obligations trader this Agreement. upon certification of such failure, thc Count),' Administrator may call upon the subdivision performance security to secure satisfactory completion, repair a,d maintenance of thc required improvements. The Board shall have thc right to construct and maintain, or cause to be constructed or maintained, pursuant to public advertisement and receipt and acceptance of bids. tire improvements required herein. Thc Developer. as principal under the subdivision performance security, shall be liable to pay and to indemnit? tim Board. upon completion of such construction, the final total cost to the Board thereof. including, but not limited to. engineering, legal and contingent costs, together with any damages, either direct or consequential, which the Board may sustain on account of' the failure of the Dex'eloper to cart),' out all of tile provisions of this Agreement. 9. ..\11 ofthe tcrms, covenants and conditions hcrein contained are and shall bc binding upon tile Developer respective successors and assigns of tile l)eveloper. IN WITNESS WHEREOF. the Board and the Developer have caused this Agreement to be executed by their duly authorized representatives this x.,--A., day of ,'¥ , ,-, . 1998. Signed, Sealed and Delivered ISLAND WALK DEVELOPMENT in the presence of: COMPANY .... , /' ~,,' ?ichael D. Rosen, r~sident ~'~: , , , ~ · , ATTEST: DWIGHT E. BROCK. Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA f y: . " / - - '- /- "' - ' 'Q-Barbara-BerryX; Chai~an'%"~ Attest.'as to Chatrm~n'$ signature onlI, Appr,oved as to form and legal sufficiency: : Ct~btr Coartty Attorney h~txeS~)n-mam, agr OPINION OF PROBABLE COST May 19, 1998 16:18 Witson~ Miller, Barton & Peek ( Page: 1 Opinion ol' Probable Cost Summary 0772-021 -O0-E 1 Sanitary Collection System $117,277.90 Potable Water $89,479.01 Drainage $82,163.08 Earthwork $105,210. 13 Paving $198,781.81 Lighling $I6,800.00 Total Contract $609,711.93 May 19, 1998 16:18 ' 'Wilson, bliller, Barlon & Peek (,, Page: 2 Opinion ot' Probable Cost IslandWalk Tract 'O' 0772-.021 40-E 1 F_sfimated Item# De.scn.'ption Quantity Unit Unit-Price Amount 419 8' PVC gravity main 2,37Z00 LF $12.75 $30,243.00 (0'-6' cut) , 420 $' PVC gravity main 672.00 LF $19.00 $12,768.00 (6'-8' cut) 421 8' PVC gravity main 944.00 LF $21.00 $19,824.00 (8'-10' cut) 422 $' PVC gravity main 191.00 LF $26.00 $4,966.00 (I0'-12' cut) 442 Manhole 4' diameter 8.00 EA $998.00 $7,984.00 (0'-6' cut) 443 Manhole 4' diameter 3.00 EA $1,200.00 $3,600.00 (6'-8' cut) 444 Manhole 4' diameter 4.00 EA $1,389.00 $5,556.00 (8'- 1 O' cut) 445 Manhole 4' diameter 2.00 EA $1,727.00 $3,454.00 (10'-i2' cut) 410 Single sanitary sewer service 1.00 EA $322.90 $322.90 411 Double .,~anita ry ~wcr .service 68.043 EA $420.00 $28,560.00 Total Sanitary Collection System: . $117,277.90 I May 19, 1998 16:15 ( Wilson, Miller, Barton & Peek ( Page: 3 Opinion of Probable Cost ' lslandWalk Tract 'O' Potable Water ~ 6 ~ '~ ~ 0772-021-00-E 1 -Estimated Item// Description Qua, ntity Unit Unit-Price Amount 538 8' PVC water main 4,077.00 LF $9.13 $37,223.01 (C-900, Class 150) , 544 8' PVC water main 200.00 LF $10.15 $2,030.00 (C-900, Cla.~s 200) 9001 i ' PVC double service 68.00 EA $400.00 $27,200.00 553 3/4' PVC water service complete 1.00 LS $235.00 $235.00 469 Fire hydrant 9.00 EA $I ,745.00 $15,705.00 477 8' Gate valve with box 6.00 EA $591.00 $3,546.00 484 A ir release valve 2.00 EA $1,670.00 $3,340.00 w/ih bacterial sample point 9006 Connect to existing water 1.00 LS $200.00 $200.00 with gap configuration Total Potable Water: .$89,479.01 May 19, 1998 16:18 {'x Wilson, Miller, Barton & Peek~'{j Pagc: 4 Opinion o1' Probable Cost · LslandWalk Tract '0' ~ 6 ~ ~ ~' ~ Drainage 0772-O21 -O0-E 1 Estimated lterrutt Description Quantity Unll Unit-Price Amount 9002 15' RCP flared end 9.00 EA $400.00 $3,600.00 9003 24' flared end 1.00 EA $568.00 :I;568.00 271 15' RCP 2,159.00 LF $18.00 :1;38,862.00 9004 Y,rd drain 1.00 EA $225.00 $225.00 9005 Control structure 1.00 L~ $800.00 $800.00 272 18' RCP 142.00 LF :1;20.00 $2,840.00 273 24' RCP 188.00 LF :1;f;24.41 :1;1;4,589.08 275 36' RCP 142.00 LF :1;42.00 :1;5,964.00 402 Junction box 3.00 EA $858.00 $2,574.00 2298 Valley gutter inlet 15.00 EA $1,223.00 $18,345.00 (bottom only) 375 Grate inlet 4.00 EA $949.00 $3,796.00 (Type C) modifi ',',',M Total Drainage: $82,16108 May 19, 1998 16:18 ( Wilson, Miller, Barton & Peek (~ Page: $ Opinion or Probable Cost IslandWalk Tract 'O' ~ b ~ ~ ~ Earthwork 0772-021 -O0-E 1 -Estimated Item// De,~ription Quantity Unit Unit-Price Amount 568 Lake excavation 61,507.00 CY $1.59 $97,796.13 (unclassified) , 1045 Fill (furnished by owner) 7,414.00 CY $1.00 $7,414.00 Total Earthwork: $105,210.13 May 19, 1998 16:18 (-' Wilson, Miller, Barton & Peek~Ik Page: 6 · Opinion of Probable Cost lslandWalk Tract 'O' ~ 6 ~ '~ 4 Paving 0772-021-00-El E~timatexl lte~r~ D~;cFiption Quantity Unit Unit-Price Amount 589 12' Stabilized subgrade 17,448.00 SY $1.20 $20,937.60 594 6' L.imerock base 9,347.00 SY $2.95 $27,573.65 (compacted & primed) 598 10' Limerock base 4,920.00 SY $6.00 $29,520.00 (compacted & primed) 1145 1 1/2' Asphaltic concrete 14,267.00 SY $3.53 $50,36Z51 (Type S-III) 779 Sodding (Bahia) 1 ,$70.00 SY $I .00 $1,870.00 626 Curb & gutter 79.00 LF $5.95 $470.05 (Type E) modifi~ 2316 Valley gutter inlet 15.00 EA $157.50 $2,362.50 (top only) 632 24' Valley gutter 8,400.00 LF $3.84 $32,256.00 649 4' Concrete sidewalk 2,271.O0 SY $13.50 $30,658.50 677 4' Skip stripe 1,400.00 LF $0.30 $420.00 687 24' Solid stripe thermoplastic 50.00 LF $3.12 $156.OO 1063 Directional arrows, thermoplastic 3.00 EA $50.00 $150.00 691 Reflective pavement marker 9.00 EA $5.00 $45.00 697 Stop sign 2.O3 EA $203.03 $403.03 698 Speed limit sign 6.03 EA $200.00 $1,200.00 699 Street sign 2.00 EA $200.03 $400.00 Total Paving: $198,78L81 I 19, 1995 16:18 WHson, Miller, ]3aHon & P~k ~ Page: 7 Opinion o~ [¥olmble Cost BlandWalk T~ct 'O' 0772~21 ~-E I Jte~ D~Hpdon ~tity Unit Unit-Pri~ A~unt 9007 25' Concrete pole and fixture 4,200.00 LF $4.00 $16,800.00 Total Ligh¢ing: $16,800.00 FIRST UNION NATIONAL BANK IRREVOCABLE STANDBY LETTER OF CREDIT JULY 24, 1998 THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA COLLIER COUNTY COURTHOUSE COMPLEX NAPLES, FLORIDA 33962 LETTER OF CREDIT NO. 5553823 GENTLEHEN: WE HEREBY OPEN OUR IRREVOCABLE STANDBY LETTER OF CREDIT IN YOUR FAVOR, FOR THE ACCOUNT OF NTC DEVELOPMENT, LTD. 2405 PIPER BOULEVARD NAPLES, FL. 34110 IN THE AGGREGATE OF: USD 281,390,60 UNITED STATES DOLLARS (TWO HUNDRED EIGHTY ONE THOUSAND THREE HUNDRED NINETY 60/100 ) AVAILABLE BY PAYMENT OF YOUR DRAFT(S) AT SIGHT DRAWN ON OURSELVES WHEN ACCOMPANIED BY THE FOLLOWING DOCUmENT(S): A STATEWENT PURPORTEDLY SIGNED BY THE COUNTY MANAGER, CERTIFYING THAT: "NTC DEVELOPMENT, LTD. HAS FAILED TO CONSTRUCT AND/OR MAINTAIN THE ROADWAY AND UTILITIES IMPROVEMENTS AT CARLTON LAKES, UNIT II, AS SHOWN ON THE ROADWAY CONSTRUCTION PLANS FOR CARLTON LAKES, UNIT II, OR A FINAL INSPECTION SATISFACTORY TO COLLIER COUNTY, PURSUANT TO COLLIER COUNTY ORDINANCE NO. 97-~?, 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." ALL BANKING CHARGES OTHER THAN OURS ARE FOR BENEFICIARY'S ACCOUNT. IT IS A CONOITION OF THIS LETTER OF CREDIT THAT IT SHALL BE DEEMED AUTOMATICALLY EXTENDED WITHOUT AMENDMENT FOR ONE YEAR FROM THE PRESENT OR ANY FUTURE EXPIRY DATE UNLESS AT LEA~T SIXTY (60) DAYS PRIOR TO SUCH EXPIRATION DATE, WE NOTIFY YOU IN WRITING BY CERTIFIED MAIL RETURN RECEIPT REQUESTED OR EXPRESS COURIER THAT WE ELECT NOT TO RENEW THIS LETTER OF CREDIT FOR ANY SUCH ADDITIONAL ONE YEAR PERIOD. DRAFT(S) DRAWN UNDER THIS CREDIT MUST STATE ON THEIR FACE "DRAWN UNDER FIRST UNION NATIONAL BANK IRREVOCABLE STANDBY LETTER OF CREDIT NUMBER S553823 DATED JULY 24, I998 " WE HEREBY AGREE WITH YOU THAT DRAFT(S) DRAWN UNDER AND IN COMPLIANCE WITH THE TERMS AND CONDITIONS OF THIS CREDIT SHALL BE DULY HONORED IF PRESENTED TOGETHER WITH DOCUMENT(S) AS SPECIFIED AND THE ORIGINAL OF THIS CREDIT, AT OUR OFFICE LOCATED AT 200 SOUTH BISCAYNE BOULEVARD, 12TH FLOOR, MIAMI, FLORIDA 3313l FL 6042 ATTN: INTERNATIONAL SUPPORT SERVICES, ON OR BEFORE JULY 23, L999. OR ANY AUTONATICALLY EXTENDED DATE AS PROVIDED FOR HEREIN. IRREVOCABLE STANDBY LETTER OF CREDIT S553823 PAGE NO. 2 JULY 24, 1998 EXCEPT AS OTHERWISE EXPRESSLY STATED HEREIN, THIS LETTER OF CREDIT IS SUBJECT~O THE UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CRED~TS~ ESTABLISHED BY THE INTERNATIONAL CHAMBER OF COMMERCE, AS I~ ~FFECT ON THE DATE OF ISSUANCE OF THIS CREDIT. ~FI${ST UNION~I~qmkTIONAL ~ANK PLEASE DIRECT ALL INQU}RIES REGARDING THIS TRANSACTION TO OUR INT'L SUPPORT SERVICE AT (3OS) ?89-69?$ FIRST UNIOI! NATIONAL BANK AMENDMENT TO IRREVOCABLE STANDBY LETTER OF CREDIT AUGUST 13, 1998 THE BOARD OF COUNTY COMMISSIONERS · OF COLLIER COUNTY, FLORIDA i COLLIER COUNTY COURTHOUSE COMPLEX NAPLES, FL 33962 LETTER OF CREDIT NO. S553823 AMENDMENT !10. O01 G ENTLEg EH: WE AMEND OUR ABOVE REFERENCED LETTER OF CREDIT ISSUED Itl YOUR FAVOI~ ON JULY 24, 1998 FOR THE ACCOUNT OF NTC DEVELOPMENT, LTD. AS FOLLOWS: IN PA~GRAPH NO. 2 DELETE THE WOR~S "ROAD AND UTILITIES IMPRO'~EMENTS" AN~ REPLACE WITH "~EOUIRE~ SUBOIVlSION I MP~OVEMENT~" ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGEO. THIS LETTER IS TO BE ATTACHED TO AND TO BECOME AN II.ITEGRAL PA~T OF THE ORIGINAL CREOIT INSTRUMENT. UNLESS OTHERWISE EXPRESSLY STATE~ HER~IN, THIS CREDIT SUBJECT TO UNIFORM CUSTOMS AND PRACTICES FOR DOCUMENTARY CREDIT~ (f993 RE~ION) , INTERNATIONAL CHAMBER OF COMMERCE FUBLICATION NO. A UTHO~I ZED FXRS~ UHIOt~ H~TfONA~ ~AHK , COI.I.IER COUNTY I,ANI) I)EVEI,OI'MI';NT COI)E CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBI)IVISION IMPROVEMENTS TillS CONSTRUCTION AND M,\INTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS., enlered into thi.q. NTC Development Limited, a l-'10rida l.imitt, d l'artner~,hip hereinafter referred to as "Developer." and thc Board of Count)' Commissioners of Collier County. Florida. hereinafter referred m as the "Board". RECITAl.S: A. Developer ha,,. ,,imuhancou,,l5 ~'idt thc doll',cry of this Agrccment. applied fin the approval by the [h)ard ~)I' ;, certain plat of a ,,ubdiviq~,n to be known a,, Carltm~ I.ake', Unit 2: [!. I)ivi,,ion 3.2 iff Ibc Colher Counly l.amt l)e,,ehipmcnl Code rcqmrc,, Ibc Developer If po~,t approprialc guarantee', for thc conqruclMn of Ibc impro~,.emcnt,, required by ,~aid ,iubdi,,.i,,i~n reguhmon,¢. ~.aid guaranlecs to bc incorporated in a bonded agrccmenl fl~r Ibc cim',truclhm of Ibc required impr,~cmcnt~. NOW TItEREFORE. in con~ulcralmn .f Ibc forcgmng premi~'~ and mutual co~cnant~ hereinafter ~t h~rth. IX'veloUr and Ibc Board d~) hereby co~cnanl and agree ]. I)cvclopcr ~ill cau,,c t~ be con,,tructed Ibc Required hnprmemcnts within 12 months from thc dale of appr,,val ~aid ,uNli~ t~ion plal. qaid infraqruclurc (~atcr. ~wcr. drainage and mad~v;~ I m~proscfncnt~ bcrcin;iflcf rclcrrcd Io a~ Ibc Required hnpr(~ cmcnl~. 2. l~'elo~r hereaith ~en(lcr~ tt~ su~ivi~ion ~rformance ~curity {attached hereto) a_~ ExMbit "A" ami by reference made a pa~ of here(fi) in Ibc amount of S 118,915.60 which rcprc~cnt~ 10f; (ff thc l()~al contracl c,~t (ff completed conqmction plu~ S 162,475. ~hich rcprc~nl~ l{~F~ of thc e~timated co~t~ to conlplele the Required Im~ovemcnt~ at the dale of this Agreement for a total of $ 281.t90.~. 3. In Ibc cvcnl of dcfi,uh by Iht Developer or failure of the Dcvch)per lo complete ~uch imprm, emcnl,, u. ilhin the lime required by lhe l.and D-.2vclopment C~xlc. Collicr County. call upon Iht qul'xlivi,,ion pcrfl~rmance ,,,ccurily to in,,ure ~,;,t,,,facmry complclmn of thc required improvement,,. 4. The rcqmred ,mpro',¢rnent~, q~all not be c~}m, idered ¢omplele until a ~,tatement of substantial completion by i")cveloper'q engineer ahmg with thc final pmjec! records have been furnNhcd m be reviewed amt approved by thc IX',,elopment Service,, Director fl~r compliance wilh thc Collier Counlv l.and I)c',chlpment Co, lc. 5. llm Dcveh)pmcnl Services I)irccmr ~,hall. within sixty (6OI days of receipt of thc statement of ,,ub',tanlial c~mlpletion, eilher: al nolify the [k,,chiB. r in writing of hi,¢ preliminary apprm'al ~f' Ihe improvements: ,~r b) notit\, tile l)eveh'~per in writing of his refus, al lo apprm,'e imprmement~,, there',,.'ith s~cif?ing those conditions Mdch thc Dcveluper must fulfill in order m obtain the Director's approval of the improvements. However in no event shall thc Development Services Director reflise prclimina~ approval of the improvements if they arc m fact constructed and xubmitted fl~r approval in accordance with thc requirements of thi~ Agreement. 6. Thc Dcveh)pcr shall maintain all required improvements fi~r a minimum perkxt ()t'()nc)'car after preliminary appmv.'d by tile Deveh'~pmcnt Services Director. After tl~c tree year maintenance ~ri~xl by thc Devclo~r has temfinatcd, the Developer shall l~tition thc Development Services Director to insect the required impr<wemems. '~e Development Services Director or his designee shall insect the improvements and. if found m still t~ compliance wifl~ thc Collier County l.and Development C~xlc as reflected by final apprm-:d tl~e Board. die Board shall release fi~c remaining I0(~ of thc subdivision ~rfl~nuancc sccuri~3'. ~e Devch~r's res~mxibili~y t%r mainlenance of the required impn>vcmcnts shall unless ~r until Ibc Board accepts maintenance responsibility fur and by Ihe C'ounly. 7. Six (6) months after the cxccuti<m of this Agreement and ~)nce within every ~ix (6) monlhs d~ereaftcr [t~e Developer may requesl the Dcvel<)pmen/Services Direclor t<~ reduce Ibc dollar amount of the subdivision ~k)rmance securily on the basis of work complcle. Each for a reduction in tile dollar amount of Ihe subdivisi,m ~rfl}rmancc security shall be acc~mlpanicd by 11 st;Itcnlcnt of' substarllia] coillpJcliorl by the l)cvch}l~r's~nginecr with the pr(0ect records necessary for review by the Dc~Tclopmcnt Services Director. The Deveh)pnlent Services Director may grant Ihe request fbr a reduction in the amount {)~' Iht subdik isinn ~rl'~rmance security fl)r the improvements completed ax of' the date of' the request. 8. In die event the Develo~r shall lkiil or neglect to fulfill its obligations under this Agreement. upon certification of such fifilure. Ibc County Administrator may call upon Ihe subdivision Wfformancc security to secure salisf~ct{}ry completion, repair and maintenance of thc requ ired impr{)vemcnts. ~e Board shall have thc right to construct and maintain, or cause to be consm~cted or maintained, pursuant to public advertisement and receipt and acceptance bids. thc improvements required herein. ~e Develo~r. as principal under the subdivision ~rfl~m~ance security, shall ~ liable to pay and m indemni& thc Board. upon completim; such c(mstn~ction, the final tot;l] COSt to lh~ Board thereof, i~cluding, but not limited engineering, legal and c'~mtm~ent coxt~, together widl any damages, either dJrecI c(mscqucntial, which die B~)ard may sustain on account iff the failure of the I)eveh~r fulfill all of' the provishms nf this Agreement. 9. All ~fftl~e terms, covenants and c(mdJtions herein contained are and shall be hireling up~m thc Developer and the res~ctive success~}rs and assigns of the l)cveh~per. IN WITNESS WHEREOF. the Board and Ihe l)cveh)pcr have caused this Agreement m be executed by their duly auttu)rized representatives this .~ day hi'_ ........ 19 ___. SIGNED. SEALED AND I)ELiVERED IN THE PRESENCE OF: By: NH'C Development Lid.. a Fh,rida Limffed Pannership SW Horida Partners. inc. a Horida Corp~)ralion ~.~t ~ Chr[ .:,.vL.. GTClaus~n. President Wimc~ ./ .? / ,, ../ (Prim n~mc~ / ,,~TTEST: BOAR D OF COUNTY COMMISSIONERS Dwight E. Brock. Clerk OF COLLIER COUNTY. FLORIDA .../.'./:.'.&~:.~_~>:.-.>.~ ~..,:. , , ,t... App .~.vc, d. ~,,~.to ,form and4egal sufficmn.cy llarb.',ra ff. Bero'] Chairman ....... .:,.', :r~n' s , , ',,:..-., ..,.., . · ( ,, t ,.~ ~' q . ' ,' Assistant Count~; Al~omcy CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SIIBDIVISION IMPROVEMENTS PRIOR TO RECORDING OF PLAT Tills CONSTRIJCTION AND MAINTENANCE AGREF, MENT FOR SUBDIVISION IMPROVEMENTS PRIOR TO RECORDING OF PLAT AGREEMENT entered inio this ., -''''~ ~' day of ..,J,.,.,L. " . 1998 between TwinEagles Development Company. Ltd. hereinafter referred to as 'Developer". and the Board of County Commissioners of Collier County. Florida. hereinafter referred to as the "Board". RECFFAI.S 1. Developer has, simultaneously with the delivery of this Agreement, applied for the approval by the Board of a certain plat of a subdivision to be known as: Tv~'inF. agles, l'hase One 2. Division 3.2. of tile Collier County l.and Development Code allows tile Developer to construct tile improvements required by .said subdivision regulations prior to recording the final plal. NOW, TtlER[:.FORE. in consideration of the foregoing premised and mutual covenants hereinafter set forth. Developer and the Board do hereby covenant and agree as follows: I. Developer will cause to be constructed: F'aving. Drainage. Street Lighting and Landscaping within 36 months from the date of approval of said subdivision plat..said improvement Ilereinaftcr referred to as the required improvements. Page I of 4 2. l)eveloper herev,:itt'~ agrees to construct said improvements prior to recording said subdivision plat and the Board of County Commissioners shall not approve the plat for recording until said improvements have been completed. 3. Upon completion of said improvements, the Developer shall tender its subdivision performance ~curitv in the amount of 566.565.~ which repre~nts 10% of the total contract cost to complete construction. Upon receipt of said subdivision performance security bv the Development Services Director. the Developer may ?equest the Board of County Commissioners to approve the subdivision plat for recording and grant preliminary approval of ~id plat. 4. The required improvements shall not be considered complete until a statement of substantial completion by Developer's engineer along with the final project records have been furnished to be reviewed and approved by the Development Semices Director for compliance with the Collier County balld Development Ccxte. 5. The Development Services Director shall, within sixty days of receipt of the statement of substantial completion, either: a) notifvthe l)eveloper in writing of his preliminary approval {,f ~he improvements: or h notify the Developer in writing of his refusal to approve thc improvemc,ts. therewith specifying those conditions which the Developer must fulfill in order to obtain the Director's approval or ~he improvements. Itowcvcr, in no event shall ~hc l)cvclopmem Services l)irccl~r rcl'usc preliminary approval of the improvcmcms il' they are in Jhct constructed ami s.bmitmd for appr~w:~l in accordance with the requirements of this Agreement. 6. The Developer shall maintain all required improvements for a minimum period of one year after preliminary approval by the Development Services Director. After the one year maintenance period bv the Developer has terminated, the Developer shall petition the Development Services Director to inspect the required improvements. The Development Services Director or his designee shall inspect the improvements and, if fouled to be still in compliance with the Collier County Land Development Code as reflected by final approval by the Board. The Board shall relea~ the 10% subdivision performance ~curitv. The l)evelopm"s responsibility for maintenance of the required Page 2 of 4 · t6A18 improvements shall cominu¢ unless or until the Board accepts maintenance responsibililv for thc County. 7. In the even~ ~he Developer shall fail or neglect to fulfill ils obligations under ~his Agreement, upon certification of such failure, d~e County Administrator may call upon the subdivision performance security ~o secure satisfactory complelion, repair and mainlenance of ~he required improvements. The Board shall have the right to construct and maimain, or cau~ 1o bc constructed and maimained, pursuant to public advertisement and receipt of acceptance of bids, ~he improvcmems required herein. The Developer. as principal under~l~e subdivision performance securily, shall bc liable to pay and to indemnify the Board. upon completion of such construction, the final total cost to the Board thereof, including, but not limited to. engineering, legal and contingent costs, together with any damages, eid~er direct or conmqucntial, which the Board mav sustain on account of d~e l)dlure of the Developer to fulfill all of the provisions of this Agreement. 8. All of d~e terms, covenants and conditions herein contained are and shall be binding upon the Developer and respective successors and assigns of the Developer. IN WITNESS WHEREOF. the Board and the Developer have caused tills Agreement to be executed by their duly authorized reprc~ntatives this ~ day of . 1998. ~igned. ~alcd and delivered DEVEI~OPER ~n the prc~nce of: TwinEagles Development Company. I.td.. A Florida Limited Partnership ./~ ~ ,., ~ By: %vinEagles Management. [,rd.. Witness A l:lorida l.imited Partnership. Its General Partaker By: TwinEagles Development. Inc.. Its General Partner PrinIed Name Page '" ot'4 · L6A16,d ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGItT E. BROCK. CI,ERK OF COl,l.,ll!R COlIN'FY. FI,ORIDA ~ 19nature on t ~. Chai~erson .Approved as to form and legal sufficiency' ~~id c. wei~l Collier County Attorney Page 4 of 4 BEFORE THE COLLIER COUNTY COMMISSION STATE OF FLORil)A COLL;ER COUNTY AUDUBON SOCIETY, l a not-for-profit Florida corporation, ] ROGER DYKSTRA, ANN DUKETT and '] ROBERTA WOOSTER ] V. ] COI.LIER COUNTY, I:LORIDA, ] ] Defendant. ] ,1 SECTION 163.3215(3), FLA. STAT. VERIFIED COMPLAINT CONCERNING TWIN EAGLES DEVELOPMENT ORDER INCONSISTENCY WITH COLLIER COUNTY'S COMPREHENSIVE I,ANl) USE lq,AN Collier County Audubon Society submits this verified complaint pursuant to Section 163.3215(3), Fla. Stat. to Collier County, Florida, and avers: PARTIES 1. Collier County Audubon Society (Audubon) is a Florida not-for- profit corporation, whose address is Post Office Box 11387, Naples, Florida. Audubon's members have interests which are protected and furthered by the Collier County Comprehensive Land Use Plan (Plan) which will be adversely affected by the subject Twin Eagles development order in a manner which exceeds tile general intere-~t in tile community good shared by all persons. 2. Roger Dykstra is a member of Audubon, xvhose address is 238 Silverado Drive, Naples, Florida. Roger Dykstra owns real property in Collier County and has interests which are protected and furthered by tile Plan which will be adversely affected by the subject Twin Eagles development order in a manner which exceeds the general interest in thc community good shared by all persons. 3. Ann Dukett is a member of' Audubon, whose address is 360 Sanctuary Road West, Naples, Florida. Ann Dukett has interests which are protected and furthered by tile Plan which will be adversely affected by the subject Twin Eagles development order in a manner which exceeds tile general interest in the community good shared by all persons. 4. Roberta Wooster is a member of Audubon, whose address is 7380 Rookery I~ane, Naples, Florida. Roberta Wooster owns real property in Collier County and has interests which are protected and furthered by thc Plan which will be adversely aftbcted by the subject Twin Eagles development order in a manner which exceeds the general interest in tile community good shared by all persons. 5. Collier County, Florida (Collier County), through its Board of County Commissioners, is responsible for implementing the requirements of the Local Government Comprehensive Planning and Land Development Regulation Act, Part II, Fla. Stat., including the statutory requirement to adopt a local comprehensive land use plan and to ensure that all development undertaken by Collier County, and all development taken in regard to development orders by Collier County, are consistent with its Plan. ,IURISDICTION AND VENUE 6. Audubon files this verified complaint with Collier County pursuant to Section 163.3215(3), Fla. Stat. COLLIER COUNTY'S ACTION WHICH IS AT ISSUE 7. Audubon challenges the validity of Collier County's August 4, 1998, development order approval of the final plat for the Twin Eagles Golt' and County Club project (Twin Eagles) which is located several miles east of the Plan's Urban Boundary. 8. Collier County's August 4, 1998, development order approval of the final plat for the Twin Eagles project is: A. Inconsistent with and violates thc Future I.and Use Element (FLUE) definition of the "Agricultural/Rural" land use designation which the Plan Future Land Use Map (FLUM) designates the Twin Eagles property. The subject final plat is urban development with public sewer and water facilities. This is inconsistent with the definition of the Agricultural/Rural as areas remote from existing development pattern, lacking in public facilities and services. B. Inconsistent with and violates FLUE Policy 5.3 which requires the County to discourage urban sprawl by confining urban intensity development to areas designated as urban on the FLUM, and by requiring any changes to the Designated Urban Areas be contiguous to an existing Designated Urban Area. The approved plat is urban sprawl pursuant to indicators of urban sprawl in Fla. Admin. Code Rule 9J-5.006(5). C. Inconsistent with and violates FI.UE Policy 5.4 which requires new development be compatible with and complementary to surrounding development. The approved development is not compatible with and complementary to surrounding vacant land designated as Agri cul tu ral/R u ral. D. Inconsistent with and vin!ates FLUE Policy 5.5 to encourage the use of existing land zoned for urban intensities before permitting development of other areas. Existing vacant land zoned for urban intensities exists which the County has not required be used before permitting the Twin Eagles development. E. Inconsistent with and violates the FLUE definition of Agricultural/Rural Settlement Area which incorporates by reference the Settlement and Zoning Agreement &,ted January 27, 1986. This Settlement and Zoning Agreement prohibits the Orangetree Utility Company fi'om providing sewer and water service outside the Orangetree Utility Area. The Twin Eagles project is located approximately two miles outside the Orangetree Utility Area, therefore Orangetree Utility Company cannot provide sewer and water service to the Twin Eagles project as provided in the County's August 4, 1998, development order. F. Inconsistent with and violates Sanitary Sewer Objective 1.5 and Policies 1.5.1 and 1.5.2 which require the County to discourage urban sprawl and the proliferation of private sector sanitary sewer service. G. Inconsistent with and violates Potable Water Objective 1.5 and Policies 1.5.1 and 1.5.2. which require the County to discourage urban sprawl and the proliferation of private sector potable water service. WHEREFORE, Audubon, Roger Dykstra, Ann Dukett, and Roberta Wooster respectfully request Collier County rescind the August 4, 1998, development order approval of the final plat for the Twin Eagles Golf and Country Club project. ~ ~ ..~c Thomas~JW. Reese, Esq. Counsel for Audubon, Roger Dykstra, Ann Dukett and Roberta Wooster 2951 6 i ~': Avenue South St. Petersburg, FL 33712 (813) 867-8228 Fla. Bar No. 310077 4 VERIFICATION State of Florida County of Collier I, Bradley Comell, being duly sworn, state that I am the authorized representative of' Collier County Audubon Society, a not-for-profit Florida corporation, and that I have read the foregoing Verified Complaint and the allegations con--and that these allegations are true. ~ ; dley The foregoing instrument was acknowledged before me this '~ ~r~ day of September 1998, ~y Bradley Comell, who is personally known to me, or who produced ~ c. gS'r,',.,.~,c~,,$J~- as identification. ' AND SUBSCRIBED before me this '~ v'~,~d, ay o£Se~nli~ber 1998. SWORN TO Mycommissionexpires: ,,.)~,,~.o._/~, ~ooo VERIFICATION State of Flor/da County of Collier I, Roger Dykstra, being duly sworn, state that I hay..~ead h~] fo}~going Verified Complaint and the allegations contained therein, and that thest~lle ~t~glls are true. Roger Dykstra ~ ~e foregoing ins~ment was ac~owledged before me this ~-~day of ~eptember 1998, b~ Roger Dykstra, who is personally ~o~ to me, or who produced t ~ ~r,.-~ t, ~ ~c ~ ~ identification. SWO~ TO AND SUBSCRIBED before me this ~,/ day of Sept~ber 1998. ~om~ Public O ~ My commission expires: ). (. ,'~ ': .~ Nol~ Public, S~c of Fl~da ~ .....~-~'" My Commi~aim Exp. 0~1 16A16 VERIFICATION State of Florida County of Collier I, Ann Dukett-, being duly sworn, state that I have read the foregoing Verified Complaint and the allegations contained therein~ and that the%e allegations are true. Ann Dukett The foregoing instrument was acknowledged before me this ~"'ffday of Septembe,r 1998~ by Ann Dukett , who is personally known to me, or who produced ?& ?-gr',o~ ~,r~ $''a- as identification. SWORN TO AND SUBS.CRIBED before me this c- __day of, Septgtnber 1998. My commission expires: ,,~ ~,~:~-/~ Zo~o 6 16fi16 VERIFICATION State of Florida County of Collier I. Robcrla Wooster, being duly sworn, state that I have read the foregoing Verified Complaint and the allegations contained therein, and that these allegations are R~berta Woos(er The foregoing instrument was acknowledged before me this ~ day of September 1998, by Roberta Wooster, who is personally known to me, or who produced r,o2, r,.4 t>m,,,'a4~ rte.~ as identification. SWORN TO AND SUBSCRIBF. D before me this ~ day of September 1998. i .// /,,,'7 ,.----~---""~ Notar~ Public My commission expires: BEFORE THE COLLIER COUNTY COMMISSION STATE OF FLORIDA FLORIDA WILDLIFE FEDERATION. ] a not-for-profit Florida corporation. ] JAMES I.. SWIGERT, and ] RECE!'JF-D LUCINDA KIDD IIACKNEY, ] Clerk ] o! Board Plaintiffs, ] ] Case No. 98- v. ] ] COLLIER COUNTY, FI.ORIDA. ] Defendant. ] SECTION 163.3215(3), FLA. STAT. VERIFIEI) COMPLAINT CONCERNING TWIN EAGLES DEVELOPMENT ORDER INCONSISTENCY WITH COLLIER COUNTY'S COMPREHENSIVE LAND USE PLAN Florida Wildlife Federation submits this verified complaint pursuant to Section 163.3215(3), Fla. Stat. to Collier County, Florida, and avers: PARTIES 1. The Florida Wildlife Federation (Federation) is a Florida not-for- profit corporation, whose address is 5051 CasteIIo Drive, Suite 240, Naples, Florida. The Federation owns real property in Collier County, and its members have interests which are protected and furthered by the Collier County Comprehensive Land Use Plan (Plan) which will be adversely affected by the subject Twin Eagles development order in a manner which exceeds the general interest in the community good shared by all persons. 2. James L. Swigert is a member of Florida Wildlife Federation, whose address is 11680 lmmoka~ee Road, Naples, Florida. James L. Swigert owns real property in Collier County and has interests which are I ° 16A1 protected and furthered by Plan which will be adversely affected by the subject Twin Eagles development order in a manner which exceeds the general interest in the community good shared by all persons. 3. Lucinda Kidd Hackney is a member of Florida Wildlife Federation, whose address is 3641 Golden Gate Blvd. East, Naples, Florida. Lucinda Kidd Hackney owns real property in Collier County and has interests which are protected and furthered by the Plan which will be adversely affected by the subject Twin Eagles development order in a manner which exceeds the general interest in the community good shared by all persons. 4. Collier County, Florida (Collier County), through its Board of County Commissioners, is responsible for implementing the requirements of the Local Government Comprehensive Planning and Land Development Regulation Act, Part II, Fla. Stat., including the statutory requirement to adopt a local comprehensive land use plan and to ensure that all development undertaken by Collier County, and all development taken in regard to development orders by Collier County, are consistent with its Plan. JURISDICTION AND VENUE 5. The Federation files this verified complaint with Collier County pursuant to Section 163.3215(3), Fla. Stat. COLLIER COUNTY'S ACTION WHICH IS AT ISSUE 6. The Federation challenges the validity of Collier County's August 4, 1998, development order approval of the final plat for the Twin Eagles Golf and County Club project (Twin Eagles) which is located several miles east of the Plan's Urban Boundary. 7. Collier County's August 4, 1998, development order approval of the final plat for the Twin Eagles pro. iect is: 16A16 A. Inconsistent with and violates the Future Land Use Element (FLUE) definition of the "Agricultural/Rural" land use designation which the Plan Future Land Use Map (FLUM) designates the Twin Eagles property. The subject final plat is urban development with public sewer and water facilities. This is inconsistent with the definition of the Agricultural/Rural as areas remote from existing development pattern, lacking in public facilities and services. B. Inconsistent with and violates FLUE Policy 5.3 which requires the County to discourage urban sprawl by confining urban intensity development to areas designated as urban on the FLUM, and by requiring any changes to the Designated Urban Areas be contiguous to an existing Designated Urban Area. The approved plat is urban sprawl pursuant to indicators of urban sprawl in Fla. Admin. Code Rule 9J-5.006(5). C. Inconsistent with and violates FLUE Policy 5.4 which requires new development be compatible with and complementary to surrounding development. The approved development is not compatible xvith and complementary to surrounding vacant land designated as Agricultural/Rural. D. Inconsistent with and violates FLUE Policy 5.5 to encourage the use of existing land zoned for urban intensities belbre permitting development of other areas. Existing vacant land zoned for urban intensities exists which the County has not required be used before permitting the Twin Eagles development. g. Inconsistent xvith and violates the FLUE definition of Agricultural/Rural Settlement Area which incorporates by reference the Settlement and Zoning Agreement dated January 27, 1986. This Settlement and Zoning Agreement prohibits the Orangetree Utility Company from 3 I · '. 16A16 providing sewer and water service outside the Orangetree Utility Area. The Txvin Eagles project is located approximately two miles outside the Orangetree Utility Area, therefore Orangetree Utility Company cannot provide sewer and water service to the Twin Eagles project as provided in tile County's August 4, 1998, development order. F. Inconsistent with and violates Sanitary Sewer Objective 1.5 and Policies 1.5.1 and 1.5.2 which require tile County to discourage urban sprawl and the proliferation of private sector sanitary sewer service. G. Inconsistent with and violates Potable Water Objective 1.5 and Policies 1.5.1 and 1.5.2. which require the County to discourage urban sprawl and the proliferation of private sector potable water service. WHEREFORE, the Federation, James L. Swigert, and Lucinda Kidd Hackney respectfully request Collier County rescind the August 4, 1998, development order approval of the final plat for the Twin Eagles Golf and Country Club project. ,f~.qc~ ~c~z_ ~ ,~ Thomas f(V. Reese, Esq. Counsel for the Federation, James L. Swigert, and Lucinda Kidd Hackney 2951 61 st Avenue South St. Petersburg, FL 33712 (813) 867-8228 Fla. Bar No. 310077 VERIFICATION State of Florida County of Collier I, Nancy Anne Payton, being duly sworn, state that I am the authorized representative ofth,e Florida Wildlife Federation, a not-for-profit Florida co~. ra"~n, and that I have read the foregoing Verified Com. pljaint and the al~gations co~tai and that these allegations are true. /~g.24~ ~..7.4_.~r'~ ~ The foregoing instrument xvas acknowledged before me this /g~ day of September 1998, by Nancy Anne Payton, who is personally_k~va_.t.O_~9=_or who produced as identification. SWORN TO AND SUBSCRIBED before me this ] 3~ day of September 1998. ~ota~ Pu~c My commission ' ~i., '~';.~ No~blic, State of FIori& . eX~¢~¥;~4;.. Gemge Faccone ~, :'.~;~):] commission No. CC ~9927 ~ ...... ~-.~g'" My Commt~on Exp. 0~t2~l State of Florida County of Collier I. James L. Swigert, being duly sworn, state that I have read the foregoing Verified Complaint and the allegations contained t~crein, and th~hcse allegations arc James L. Swige~ The foregoing instrument was acknoxvledged before me this .j ~ day of September 1998, by James L. Swige~, who is personally known to me, or who produced c t~,X,, ~,..~.~ Z,tx.,, as identification. SWORN TO AND SUBSCRIBED before me this j_'~ day of September 1998. --Nbta~ PubliP My commission >'. ........My ~mmi~ion Exp. O~t2~l ' 5 VERIFICATION State of Florida County of Collier I, Lucinda Kidd I lackncy, being duly sworn, state that I have read tim foregoing Verified Complaint and the allegations contained thgr~m./c, and that ¢~, e_aJlegations arc L~/~inda Kidd ltackney t~5) The foregoing instrument was acknowledged before me this ~ day of Septelnber 1998, by Lucinda Kidd ttackney, who is personally known to me, or who produced~ ~.~. ~,)~ 5~-5q.TtS-~ as identification. SWORN TO AND SUBSCRIBED before me this ~ day of September 1998. ~,,,,,,?'~?,t,,,o ~ :'~ '~'~,: ~ Mv commission expires: ~o~zzlOco~ ~ "CC6~0497 6 2356109 OR: 2449 PG: 0446 DOC-.?0 .70 CO?IfS 3.00 CLERK TO lei BOARD IN?~RO~PICi iTH ~LOOR QUITCLAIM DEED THIS QUITCLAIM DEED made this day of (z.4..~..-. , 1998, by the Board of County Commissioners of Collier County, Florida, GRANTOR, and Vanair Partners, Ltd., a Florida Limited Partnership, their successors and assigns, GRANTEE. 12995 S Cleveland Ave ~214 Ft Myers Florida 33907 WITNESSETH: That the GRANTOR, for and in consideration of Petition AV 98-014 and the sum of Ten Dollars and other valuable consideration to it in hand paid by the GRANTEE, receipt of which is hereby acknowledged, hereby remises, releases and quitclaims unto GRANTEE forever, all right, title, interest, claim and demand which the said GRANTOR has in that certain portion of a 30' wide Drainage Easement interest in, of, and about the following described lands being located in Collier County, Florida, to-wit: (See Exhibit "A" attached hereto and incorporated herein by reference) IN WITNESS WHEREOF, the GRANTOR has caused these presents to be executed in its name by the BOARD OF COUNTY COMMISSIONERS acting by the Chairman and Vice Chairman of said Board, the day and year aforesaid. DATED: ATTEST:" BOARD OF COUNTY COMMISSIONERS DWIGHT E. 'BROOK, Clerk COLLIER COUNTY, FLORIDA signature only, :',,~nared by: · , Q. GRADY MINOR & ASSOCIATES, P.A. Civil Engineers · Land Surveyors · Planners Q GRAI)YMIN~"~R. PF AI.ANV R~ ~,FMAN klARK W MINOR. 1' E Ri)BERT W THINN~5...x i.( ' (7. DEANqMITH. P E ERI(' V qANi x ~','AI, ['~ M LEGAL DESCRIPTION A PORTION OF A 30' D~INAGE EASEME~ SECTION 1-49-25 (SKETCH 1411) A PARCEL OF LA2~D LOCATED IN THE NORTHWEST QUA~RTER OF SECTION TOWNSHIP 49 SOUTH, RAaNGE 25 EAST, COLLIER CObI~TY, FLORIDA; BEING MORE P~.TiCUL~LY DESCRIBED AS FOLLOWS: ALL THAT PORTION OF A 30' D~INAGE EASEMENT AS DESCRIBED OFFICIAL RECORDS BOOK 1193 AT PAGE 1126, THAT LiES 1,390 FEET EASTERLY OF THE EASTERLY 100' WIDE COLLIER CO%~;TY C~AL RIGHT-OF- WAY (O.R. BOOK 148, PAGE 89), MEASURED ALONG THE NORTH LINE OF THE NORTHWEST 1/4 OF S~C~ON 1, TO.SHIP 49 SOUTH, P~$GE 25 EAST, COLLTU~__.. CO~TY, FLORIDA; ~D MEASURED AT A ..~IGHT ~N~ ~,.~..~u~uu~'.~,., ~ ........ "~' ~, MORE LESS ~,~.~:~_.,.= 0.957 ACREc OR . THiS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS ~ND :3R RESTRiCTiONS OF RECORD. Q. G~DY MINOR & ASSOCIATES, P.A. , P.S.M. ff5426 'eOM C~E?m;h'SK~ STATE OF FLORIDA ? 3t'7-VE':"N-,,' 12 (941) 947-1144 ,, FAX (941) 947-0375 · E-Mail: QGMA@aol.com 38(×) Via Del Roy · Bonita Springs, Florida 34134 6A18 CONSTRUCTION. MAINTENANCE ANI) ESCROW ,.\GREE.MENT SUBDIVISION IMPROVEMENTS Tills A(;REEMENT entered into thi~ l~t day of,July. 1998 by BDG-Avila at (;rey Oaks. Inc. dmrtqnafter "l)evel.per"}. THE BOARI) OF COI,I,IER COUNTY. FI,ORIDA. (hereinaftm' B,mrd") and COI,ONIAI, BANK chereinafter "I,endt. r"L RECITAl,S: .X. I)~.v,qopcr h;~. ~multan,.,u4y w:th the d~,ltvery of th~ .-k~m,em~,nt. appl,.d f,>r }{. The ~u})~llX'ls;Otl x~ll lllclucle ct, rt;un lmprovetllcBt~ which are r(,(itHrpd [}v ('ollwr 3I. Ink. PE. acopyofwhichl.~attached hereto and incorporated hereina~Exhi})tt I. l:m' thi~ ..Xgrcenlent. thc "[{equired Improvements" are limited to those dcscri})ed in thc E~timat,,. Sect,ms 3.2.(;.5.d and S.'2.9. I of tho ('oilier County Subdlvismn ('-cie l)~vls,,n I'nifmd l.and [)evelopmcnl ('od,. r(.(lU~res the I)cveloper to provid, appropriat- ~tmrantm,s t',}r construction and m;ti~lt(..ll;lllct, o[tho J{~?qulrud l llll~l'OVOlllOllts. I). [.endm' has ~,ntered Illto a crnqstructloll loan agreement with l),v(.l.pt.r dated May ]998 It}lc "('oll>trt ct ml l.oan"i to fund lhe cost r,f thc Required [mpmvcm~.nts. E. l)evelopcr and the Br,ard have acknowledged that the amount 1)evclopcr is to u tmrante~, pursu;ult to this .~greement is $22.729.92 and this amount represents 110% cd'Ih{. l)evcloper's engineer's esumate of the construction costs for the Required Improvements. XOW. T[t EIiEI:OIiE. tn consideration of the foregoing premises and mutual covenants bt.re,halter ~et fl~rth. I)eveloper. the Board and the [~nder do hereby covenant and agree a.; ]. l)evel~per will cause th- water..<ewer, road~, drmnage and like fimflities, the l{eqtured Improvements. to be constructed pursuant to specifications that have been approved by thc l)ev,.lopment Services Dir(.ctor wlt}litl siX lllollt}ls frolll the date ,)f al)pr,Jval of sa~d subdivision 2. I)cvel,lWr hr, r~,by auth,,rtzes IJ,nd,,r to h,ld $22.729.92 f:',,m th, {',instruction in escrow, pursuant to the terms of this zXgreenlcnt. l,ender ngret, s t() h,ld in escrow $22.729.92 from th, {%nstruct:m~ I,oan. to d~sburs,.,d only imrstmnt to this .Xgreement. l,end,.r ackn,wh.dges th:,t this A~reement shall constitute a draw a~ainst thc ('on~truct,m l~an fund. but that only such funds as nrc actually disbursed, whethor pursu:~nt to this A~rcen eat or a pruvision of the Constructmn lxmn. shall interest. 1. The cs:rowed funds shall be rc. leas,d to the Devclop{.r rmly upon written appr,~v:,l ,,f the l)evclopment Serx'mes l)irector who shall approve the release of the funds on deposit n.t than once a month to the l)evelopur, in amounts due for work done to date based on the percentw~,. comph:,tion of the work multiplied by the respect/ce wark costs less ten percent (10%): and further. that upon completion of the work. the I)evelopn'ent Se~';'i'c2, Director shall approve the release of any rcnlaindcr of escrowed fund.q except to the extent of $ 3,930.99 which shall remain in escrow I)evcloper guaranty of maintenance of the Reqt.;red Improvements fin' a nlininlum period of{mc year ptu'suant to Paragrnph l0 of the Agreemen:. 16A18' HoweYer, m the event that Developer shall fail to comply with the requirements of this Agreement then the Lender agrees to pay to the County immediately upon demand the balance of the funds held in escrow by the Lender, as of the date of the demand, provided that upon payment of such balance to the County, the County will have executed and delivered to the Lender in exchange for such funds.' a statement to be signed by the Development Services Director to the effect that: a) Developer for more than sixty (60) days after written notification of such failure failed to comply with the requirements of this agreement; b) The County, or its authorized agent, will complete the work called for under the terms of the above-mentioned contract or will complete such portion of such Work the County, in its sole discretion shall deem necessary in the public interest to tt:e extent of the funds then held in escrow, c) The escrow funds drawn do',vn by the County shall be used for construction of Reqmred Improvements, engineering, legal and contingent costs and expenses, and to offset any damages, e~ther direct or consequential, which the Count)' may sustain on account of the failure of the Developer to carry out and execute the above. mentioned development work; and, d) The Count;.' w~ll promptly repay to the Lender any portion of the Funds drawn down and not expended in completion of the said development work. 5, Written notice to the Lender by the County specifying what amounts are to be pa~d to, the Developer shall constitute authorizanon by the County to the Lender for release of the specified funds to the Developer. Payment by the Lender to the Developer of the amounts specified ~n a lettt, F ofauthorizatmn by the County to the Lender shall constitute a release by the County and Developer of the bender for the funds disbursed in accordance with the letter of authorization ~rom the Count,.' The Required Improvements shall not be considered complete until a statement of substantial completion by Developer's engineer along with the final project records have been Furnished to be reviewed and approved b;' the Development Services Director for compliance the Collier County Subdivision I~egulatmns. 7. The Development Services Director shall, within sixty (60) days of receipt of the statement of substantial completion, either: a) notify the Developer in writing of his preliminary approYal of the improvements: or b) notify the Developer in writing of his refusal to approve the improYements, therewith specifying those conditions which the Developer must fulfill in order to obtain the Director of the Required Improvements. However, in no event shall the Development Services Director refuse preliminary approval of the improvements if they are in fact constructed submitted for approval in accordance with the requirements of this Agreement. Should the funds held ~n escrow be insufficient to complete the l{eqmred Improvements, the Board, after duly considering the public interest, may at its option compIete I{equired Improvements and resort to any and all legal remedies against the Developer. 9. Nothing in this Agreement shall m~ke the Lender liable for any funds other th:~n those placed in deposit by the Developer in accordance with the foregoing provision; provided that the I.ender does not release any monies to the De','eloper or to any other person except as stated ~n this Escrow Agreement. 16A18,w I0. The Developer :hall maintain all l{equired lmpruvement for one year after prel~m~naw approval by the I)evelopment Service~ l)irector. After the one year maintenance by the Developer and upon ~uhmission of a written reClUe~t for inspection, the [)evelopn~ent Scrvic(,s Ihrecmr shall inspect the Requn'ed Improvements and, if found to be still in COml)liance with the (',M,. :~s reflected by final approval hv the Board, the Lender's responsibility to the Board under this A~reement is terminated. The Developer's responsibility for maintenance of the Required Improvements 3hall continue unless or until the Board accepts maintenance responsibility for and the <'ounty. 11. All of the terms, covenants and condition~ herein omtained are and M~all be bind inv upon the respective succe~or~ and n~sign~ of the Developer and ]~ntler. IN WITNESS WHER[';OF. the Board and the Developer have caused this Agreement t,) executed by their duly authorized representative~ this ~ day of ~.~ , 1f)98. S[C, NI':D. SEALED AND DE[,IVEREI) IN lgl)(;-Avila at Grey Oaks, Inc. ~~ A;:th/~.C Shaft'an, ~'s [{resident 'l- '. , -~ ~e t'rttident Prin~ed or Typed Name Prin;'ed o/Typed Name ~' ' I)WI(;HT E. BROCK. CI,ERK COLI,IER C(~[ 'N~'. FIX)RII)A .. Approved as to form and legal sufficiency: David (L Weigel County Attorney Attest ,~z b:, Chairman's $ I~nature only. :',.',',ia S~[e Cons',rdC',!om ~/~ase Two Bond Cos: Schedule ~.=-..~-=- ~2g~ce ~'~ S¥ '~ '= ', '~4.~ ~ _me,.:? ,., u~an M:x 1505 57 S5;~ St - e: To: 1 5A S52~.C,C' 352~.00 SO SO :~2n~;: 13547 SF SO.~' S4,~05 aS q~ nr .... ~,r..~ ,.. :'JC 660 LF SI I0 S725 OO SC CC Sub-total ~-~ 7c~ c-, :5"~CP 146 LF SonOe ~o9~000 SO9~0~0 ,3rate 'r:e: 1 ~, sgo0.cC 5900.00 5900.00 3s::::a':; =x:s'.,ng i =A (:,n~ Ou 550000 ~=n~ ~" P'.'C gra'v~;7 t.,la:n 3-&' c~: 125 LF S22.OO S2,,~C.O0 ~ ~ 2,7 ~ u C' C' ~' ~,"~ La:ersJs 389 LF 310 O0 33,890.00 ~,890 0O L~mmo~es O-8'cu~ ~ EA Sl,250.00 51.250.00 Sl.250.00 C;earcuts 9 ~ 58000 S540.00 S540 OO Sub-total 39,43000 S9,430 Pot3s:c Z"PVC 225 LF SS.00 51 125.00 51. ~ Ccn~ec: :c Ex~s;~ng ~ ~ ~5C'0 O0 S500 O0 S500 SQ '/,'a~er Ser¢~ceBox.SCngle 8 EA <~9~00 ~'3600 ~ *"~,"-~s 325 LF S4 O0 ~.30000 SI.3003S Sub-total S5.251 CO 55.251 TecnnologieS c ...... nS,a,la¢~n I all 51,50000 Si. SOOOC 31,500C6 Sub-total SI,50OOO Sl.SOC~E Grand To[al $39.30993 $20,51 S :',!¢~n:er,ance Bond 10% Total 0 I S3.930.99 .... ~,ruc:;cn 8cna 100% Remam~n; 1 S 18.798.93 T'3:¢i ~Ong ~equ,rSmgnt S22.729 92 Northern. Trust Bank of Florid 700 Brickell Avenue, Miami, Florida 33131-2881 Tel.: (305) 789-1300 Telex: I.T.T. 441180 · $.W.I.F.T. CNOR US3M June 10, 1998 ...... To: (Beneficiary) The Board of County Commissioners, .. Collier County, Florida c/o Office of the County Attorney Collier County Government Center 3301 E. Tamiami Trail -,-.: Naples, FL 34112 Gentlemen, "..,c~ We hereby issue our Irrevocable Standby Letter of Credit No. S987057 in your, '~ the beneficiary's, favor for the account of Idyll Homes, Inc., 1290 Rainbow Court, Naples, FL 34110, in the aggregate amount of United States Dollars Five ~ Thousand Eight Hundred Forty Three and 75/100 ($5,843.75) and is available by cO t.~ your draft(s) drawn at sight on us. ~i Your draft(s) must be marked: "Drawn under Northern Trust Bank of Florida N.A., Miami, Florida, Letter of Credit No. S987057, dated June 10, 1998, and must be accompanied by the following documents: ~., I. The or/ginal of this Letter of Credit and all amendments, if any, for proper , endorsement. 2. A Statement purportedly signed by the County Manager of Collier County, Naples, Flor/da, ccrtifiying that "Idyll Homes, Inc. has failed to construct and~or maintain the improvements associated with that certain plat of a subdivision known as The Cottages at Gulf Harbor or a final inspection satisfactory to Collier County 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". Partial drawings are permitted. Page 1/2 Northern Trust of Florida Corporation and Northern Trust Bank of Florida N.A. M-2020A arc wholly o',,,'ncd subsidiaries of Northern Trust Corporation. Chicago. Irrevocable Letter of Credit ~'2 ~'L__...~ No. S987057 l ....... Page 2/2 ~ This Letter of Credit shall be valid until June 10, 1999, 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 expiration date, we notify you by Federal Express courier service or certified mail with return receipt requested that we elect not to consider this Letter of Credit renewed for any such additional period. This Letter of Credit sets forth in full the terms of our undertaking, and such undertaking shall not in any way be modified, amended, or amplified by reference to any documents, instrument, or agreement referred to herein or in which this Letter of Credit is referred to or this Letter of Credit relates, and any such reference shall not be deemed to incorporate herein by reference any document, instrument, or agreement. We hereby agree with you that draft(s) drawn under and in compliance with the terms of this Letter of Credit will be duly honored if presented at our office located at 700 Brickell Avenue, Miami, Florida 33131, attention Letter of Credit Department on or before June I0, 1999, the expiration date, or any automatically extended date, as hereinbefore set forth. This Letter of Credit is subject to the Uniform Customs and Practice for Documentary Credits (1993 Revision), I.C.C Publication No. 500. Second Vice President Northern Trust of Florida Corporation and Northern Trust B~nk of Florida N.A. M-2020A2 are wholly owned subsidiaries of Northern Trust Corporation. Chicago. 16 20 C()I.t,IEI{ C()LfNTY I,:\NI) I)EVEIJ)P},IENT ('ONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IM- PROVEMENTS entered into this .'~' day of' 19 Cl~ ..... b,,tween _ o~ ~heremafter referred to as "Developer,"'and t... _:_._ ~. County Commission.rs o[ Collier County, Florida. hereinafter referred to as the "Board," RECITALS: A. Developer has, simultaneously with the deliveD' of this A~eement, applied for the approval by the Board of a cemain plat of a subdivision to be known as: B. Division 3.2 of the Collier County Land Development Code requires the Developer to pos[ appropriate ~arantees for the construction of the improvements required by said subdi- vision re. lotions, said ~antees to be inco~rated in a bonded a~eemenL for the construc. Lion of the required improvements. NOW. THEREFORE. in consideration of the foregoing premises and mutual covenants hereinaher set fo~h. Developer and the Bo~d do hereby covenant and a~ee as follows: 1. Developer will m~use to be constructed: ~~ , ~m3-tL within ]~ months from the date of approval s~d subdivision plat, said improve- ments hereinafter retched to as the required improvements. 2. Developer herewith tenders its subdivision performance security Cat- Lathed hereto as Exhibit "A" and by reference made a part hereofl in the amountof$~q}~ which amount represents 10% of the total con- tract cost tn complete construction plus 100% of the estimate cost of to complete the required improvements at the date of this At. cement. 3. In the event of default by the Developer or failure of the Developer complete such improvements within the time required by the Land De. velopment Code, Collier County, may call upon the subdivision perfor- mance security to insure satisfacto~ completion of the required improve. ments. 4. The required improvements shMl not be considered complete until a state. ment of substantial completion by Developer's en~fineer along with the final prQect records have been furnished to be reviewed and approved by the Development Se~'ices Director for compliance with the Collier County Land Development Code. 5. The Development Semites Director shall, within sixty (60) days of receipt of the statement of substential completion, either: a) notify the Developer in writing of his prelim/naD, approval of the improvements; or b) notify the Developer in writini~ of his refusal to approve improvements, there- with speci[ving those con [itions which the Developer must Fulfill in order to obtain the Director's r,~proval of the improvements, l[owever, Supp NO I I,DCA:10 I ..\t'PENI)IX :\-.'4'I'ANI)ARI) I.I'i(;AI. I)~/~JU.XI?~N I'.~ event shail '.be Development Services Dlrect~r ru:'use prelimInary pr,wal ~,f' :he ~:nprm.'ernents if they are in fact constructed and submitte~l fl~r appr,)vnl m accordance with the requirements ,;f this Agreement. The I)e,.',,i,~per Mmll maintain all required improvements for ;t minimum peruM ,d' ,.,ne year aRer preliminary approval by the D,:,.'elopment Ser- vices Director. After the one year maintenance period by the Develop,,r has terminated, the Deveh)per shall petition the I)ev,,h)pment Servic',,* Director to inspect the required improvements. The Development Ser- vices Director or his desi~ee shall inspect the improvements and, found to he still in compliance with the Collier County I.and Development Code as reflected by final approval by the Board. the Board shall release the remaining 10% of the subdivision performance security. The Devel. oper's responsibility for maintenance of the required improvements shall continue unless or until the Board accepts maintenance responsibility for and by the Count)'. 7. Six 16~ months Mter the execution of this Ag~eemen~ and once within eve~ six ~fi~ months therenRer the Developer may request the Develop- ment Se~'ices Director to reduce the dollar amount of the subdivision performance security on the basis of work complete, Each request For reduction in the dollar amount of the subdivision performnnee security shall be accompanied by n statement of substantial completmn by the Developer's en~neer together with the project records necessnw For re- view by the Development Sen'ices Director. The Development Services Director may g~ant the request for n reduction in the amount of the subdivislon perfomance security for the improvements completed as of the date of the request. .i. In the event the Developer shall fail or negh:c: to fl~lfili its nbligati~ns under this Agreement. upon certification of such failure, the County A,I- mini~trator may eMI upon the subdivision performance security to secure satisfncto~ completion, repair and maintenance of the required improve- ments. The Board shall have the right to construct nnd maintain, or cause to be constructed or maintained, pursuant to public advertisement and receipt and acceptance af bids. the improvements required herein. The Developer, as principal under the subdivision performnnce security, shall be liable to pay and to indemnify the Board. upon completion of such construction, the final total cost tn the Board therefor, including, but limited t,,. engineering, legal and crmtingent costs, together with any damages, either direct ~,r consequential, which the Board may sustain accm~nt of the failureofthe Developer to fl~lfill all of the provisions of this Agreement. 9. All of the terms, covenants and conditions herein contained are an shall be binding upon the l)evelt~p,:r and the respective successors and of the Developer. IN WITNESS WIIEREOF. the Board and the Develrmvr have caused this Agreemunt tn ,:xecuted hv th,,ir duly aut}~r~r~,:c'd representat.'.'e~ this .r flay ,,1 - , 19 -t~., Supp N') i I.I)('A: 1 1 COLLIER COUNTY [.AND DEVELOPMENT COl)F: SIGNED, SEALED AND DELI~RED IN --' ' [Developer Nam~ Printed or T~ed Name Printed or T)~ed Name Title Printed or T)~ed Name A~EST: BO~D OF COU~'~ COMMISSIONE~ OF D~GHT E. BROCK, CLE~ , COLLIER COUNt, FLORI~ A?p~ved~ ~s to M~ and leal su~den~: Oounty Attorney Supp. No. ! LDCA:I2 RESOLUTION NO. RESOLUTION AUTIIORIZING FINAL ACCEPTANCE OF TtlOSE ROADWAY, DRAINAGE. WATER AND SEWER [MPRO\:EMENTS IN PARK PLACE WEST, RELEASE OF TI IE MAINTENANCE SECURFI'Y, AND ACCEPTING TI MA[NTENAN('[~ RESPONSIB[I.FFY FOR TIlE ROAD\\'AY, DRAINAGE, WATER AND SEWER IMPROVE,MENTS 'fl IAT ARE NOT REQUIRED TO BE M:\INTAINED BY TIIE I IOMF. OWNERS ASSOCIATION. \VI tEP, EAS. thc Board of County Commissioners of Collier County. Florida. on Marcl~ 20. 199(L approved thc plat or Park Place West for recording; and Wt {EREAS. thc developer has constructed and maintained Ihe roadway, drainage, water and sewer improvements in accordance with file approved plans and spccifications and as required by thc Land Dcvclopmcnl Code (Collier County Ordinance No. 91-I 02. as amended); and the Utilities Standards a.d Procedures Ordinance (Collier County Ordinance No. 97-17), and WI IER EAS. thc developer has nmv requested final acceptance of thc roadway, drainage, water and sewer inaprovcmcnls and release of his maintenance security; and WIIEREAS. thc Compliance Sc~'iccs Section of thc Development Sc~'ices Depamncnt has inspected thc road~vay, drainage, water and sewer improvements and is recommemling acceptance of said 12tcilitics. NOW, TffEREFORE, BE IT RESOI,VED BY THE BOARD OF COUNTY COMMISSIONERS OF COI,LIER COUNTY, FLORIDA, that final acceptance be graf'.cd for those roadway, drainage, water and sewer improvements in l'ark Place West. and authorize Iht Clerk to release the maintenance security. BE IT FURTIIER RESOI,VED AND ORDERED that thc County accept the fi~tt~rc maintenance and other allcnda~lt costs for lhe roadway, drainage, water and sewer improvements that arc not required 1o be maintained by lhe homeowners association. This Resolution adopted after motion, second and majority vote favoring same. DATL:: "?,2~ B()ARDOFCOIJNTY('OMMISSIONF. RS ATTEST: ('OI.LII~R COUNTY. FLORIDA DWIGIIT E. BROCK. ('I.[:.P,K B. BF. RR'~, :,ir-f.' ..... "~nly. .,\pprovcd ;is to f'orm ami legal sufficiency: }tcidi F. Ashton Assistant Collier ('otlnly Altorllcy t'M ~ 201~72 I 1 Sccti,m:'.l-I) t~3175-2.111') FAI' ti 1-75-.1122 i'arccl :: ll,.h.qcccqx 1<,1 ~: 2, Qt~ITCI,..Xi~I DEED Tills INDI~NTLJRE. MADE 'Fills ,>t '~dav o1' ') ¢ ~'~ . I')'/S. bx and bctxxccn thc STAT[{ ()f: FL()RIDA. hv and ii,rough thc STATE OF }:LORID:X DEP:XRTMENT OF TR..[NSP()RTATION. P () Box 124'). Bamm. Florida 33831-124'). as thc pall} of the F~rsl Part. and thc Board (4' (',ll~cr Commissioners. uhosc post oil]cc address iff 33111 IL. Tamiami Trail. [~mldmg (;. Naples. Florida 3-1112. thc part} ol'thc 5ccond Part. WITNESSETli WJtEREAS. said land hcrclnat~cr dcscribcd uas hcrctolbrc acquired Ibr state tughuay purposes. WJtERE:X%. said land is no Iongcr required Ibr such purposes, and thc l~ilrtx ol'thc First Part. bx ot'thc District Sccrctao. District (Jim. Florida Department ol'Transporlation on ,) *~,' /, //,., inlrsuiml thc proxisx)ns ol'Scction 337.25 Florxla 5talutcs. h,s agrccd to quitclam~ thc kind hcrcinal'tcr dcscHbcd P;~rlx of thc Second Part: N()XV, TIIEREFORE. Tills INDENTURE WITNESSETII: That thc J'artx ol'thc }"iiM I';HI. Ibr and in consiclcration t}J' thc prcmiscs and ti~c sum o1' One Dollar and other x aluablc consi(lcrations to it paid bx thc Paw ol'thc Second Part. thc rcccipt ol'x~hich ~s hcrcby acknoxxlcdgcd, docs hcrcb5 rcmisc, rclcasc q.itcJam} unto thc Partx o1' thc Second [)arl. and assigns, forcxcr, ali thc righl, titlc ired mtcrcst o{' thc %tare Florida and/or thc State of Florida [)cpanmcnt c~fTransportation to thc propcd5 dcscrlbcd on [~xhiblt "A- attached I~crcto and made a part hcrcol'. TO tt.&VE AND TO HO[.D thc said prcmiscs and thc appu~cnanccs Ihcrcof unto thc Partx o1' Thi.~ CONVI~YANCE IS made ~ubjcct to any unpaid taxes, as~cssnicllts. ]i.2n.s. ur cncumhrancc~, I'ug:l ol'*. FN'I/t 2o07211 Scc/J.h# 03175-2-IO9 FAP ~ :l-TJ--h 22 G07 Slate R.ad ~ ';3(,f-7 5 ) IN WI'I'NESS WIIEREOF. thc Si;itc uf Fh,rida [)cparlmcni of Trallhport;lliun has caused these presents to be signed in the name of the Stale of Florida alld ill the name iff thc State iff Florida Depamncnt of Transportation by its District Secretary, District One, and its seal to t~c hcrcunlo affixed. attested by its Executive Secretary. on the date first above wriucn. Signed, scaled al~d delivered ~qTATE OFF~ORI[~A inuur~rcscncea.swi,nesses:.__ '. ~ J ~~ / 5 ~EPA~T~NT ,y TRANSPORTATION of Transpt~nation / ' ?'' : "0 State of Florida County of Polk bv David '.Twiddy. Jr.. P.E..t~c~)istrict Secretary for DbtrictOne. Florida Dcpamncnt Printed Nam~ o¢ Notary Notary Public in and for thc County and S~:tte last afora~aid 2 ot 2 ~GAL DES~IP~ON: That pa~ o~ the :;~ 1/4 Of Sac=ion 34, To.ship 49 South. Range 26 East, Collier county, Tlorida, being more pa~icularly described as follows: CO~2~ElZCE at the Sour-beast corner o£ tho N~..1/4 of said Sac=ion 34, Township 49 South, Range' 26 East; thence. ~ south 88'48'27" Wes~,-a distance of 100.01 feet to ~he Weutorly Rlght-of-wa~ line o~ S.R. S-951; %h~nce Horth 0'29'~5" ]des=, along said Right-of-way llne,, a distance of 1,333.73 feet for ~e POINT OF BEGINJ~IHG; thence South 87'42'52" We~t, a distance of 2,531.44 fee%; thence tlor~h- 0'20'07" Wa~t, a di~tanc~ of 60.03 feet: thence Horth 87'42'52" East, a distance of 2,531.28 feat; thence South 0'29'1~" East, a distanco of 60.03 f~ot to the POINT OF B~GIHHING. ' Containing 3.487 acres, norm or less. ~'KEq'CH OF L.~C~L D~CR~PTiON (NOT A SURV~ o ~THT OT . MASTER PUMP STATION 1.02 AMENDMENT NO. 3 TO PROFESSIONAL SERVICES AGREEMENT This AMENDMENT to the Agreement dated May 15, 1990 (hereinafter /, 1 onf', "AGREEMENT") is made and entered into this ~'~?Zday of ~ ~, ..... by and between the Board of County Commissioners for Collier Count~,, Florida, r., political subdivision of the State of Florida and ex-officio the governing board of the Co'lier County Water-Sewer District (hereinafter referred to as the "County" or "OWNER") and Hole, Montes, & Associates, Inc. a Florida corporation, authorized to do business in the State of Florida, whose business address is 715 Tenth Street South, Naples, FL 34102. (hereinafter referred to as the "CONSULTANT"). WITNESSETH WHEREAS, the OWNER and CONSULTANT have a valid professional engineering service agreement for the provision of professional engineering services for the Master Pump Station 1.02 project (hereinafter referred to as the "PROJECT"). said services being more fully described in the said AGREEMENT; and WHEREAS, OWNER and the CONSULTANT agree some modifications to the basic services and additional services being contemplated under said AGREEMENT are necessary in light of change in the design concept of the pump station; and WHEREAS, the CONSULTANT represents that he has expertise in the type of professional services that will be required for the completion of the PROJECT. NOW, THEREFORE. in consideration of the mutual covenants and provisions contained herein, the parties hereto agree as follows: ARTICLE ONE 1.1. CONSULTANT shall provide to OWNER professional engineering services in all phases of the PROJECT to which this AMENDMENT applies. 1.2. As a result in the change in pump station design concept affecting the original design of the project, CONSULTANT shall provide professional services in addition to those professional services outlined in the said AGREEMENT as noted in the revised Schedule B, Attachments A, B, and C, as attached hereto. Additionally, CONSULTANT'S compensation for basic services under the AGREEMENT shall be adjusted as provided in Article Two of this AMENDMENT. ARTICLE TWO 2.1 OWNER agrees to compensate CONSULTANT for services rendered hereunder as prescribed in Schedule B, entitled "Basis of Compensation", as outlined in said AGREEMENT with the modifications to Attachments A, B, and C to said AGREEMENT which are attached hereto and made part hereof. ARTICLE THREE 3.1 All articles in said AGREEMENT, as amended, shall remain in full force and effect. and shall not be modified by this AMENDMENT. IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT to the Professional Services Agreement for Master Pump Station 1.02 the day and year first written above. ATTEST: Dwight E. Brock, Clerk Date: $ I,~'~,l;ure or, il, Approved as to form and legal sufficiency: Assistant County Attorn~_~i BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA, A 'pOLITICAL SUBDIVISION OF THE STAT~ OF FLORIDA AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER:'COUNTY WATER- SEWER DISTRICT HOLE, MONTES, AND ASSOCIATES. INC. Witness Wi{ness By:. Ronald E. Benson, Jr., Ph.D, P.E~. Vice President (CORPORATE SEAL) REVISED SCIIEI)UI,I'; B - ATTACIIMENT A SCHEDULE OF FEES FOR BASIC SERVICES A.2 A.3 A.4 ,',..5 A.6 Current Budget Dcsign Report S5,000 l'rcliminars.' l)csign 30,500 Final Design 7.000 Bid Service 5.000 Construction Contract ,,\dministration 29.500 T()T:XL: 577.000 Revised Budget $?,000 58,000 20,000 5,000 33.500 S123.500 16B2 REVISED SCIIEI)UIA'; B - A'FTACIIMENT B llole, Montes & Associates, Inc. l'r~fessional Fcc Schedule l£nginccr V (l'rincipal) .......................................................................................... $125.00 per hour Engineer V ............................................................................................................. S110.00 per hour Enaineer IV ........................................................................................................... S 99.00 per hour En~,ineer II[ ........................................................................................................... S 80.00 per hour Enuinecr II ............................................................................................................ S E:~inccr I .............................................................................................................. S Enuincer Tcch IV .................................................................................................. $ Engineer Tcch Ill .................................................................................................. S Enuinecr Tcch Il .................................................................................................... Engineer Tcch 1 ..................................................................................................... Contract Administrator (P~ncipal) ....................................................................... Contract Administrator (P.E.) ............................................................................... Contract Administrator ......................................................................................... Construction Ficld Representative III ................................................................... Construction Field Representative I1 .................................................................... Construction Field Representative 1 ...................................................................... Scnior Planner ....................................................................................................... Planner IV. ............................................................................................................ Planner III ............................................................................................................. l'lanner I ................................................................................................................ Survcvor V ............................................................................................................ Nurx'cvor III ........................................................................................................... Survey Tcch IV ..................................................................................................... Survey 'Fcd~ III ..................................................................................................... $ Survey '['cch Il ....................................................................................................... Survcv '['cch I ........................................................................................................ 2 Man Survey Crcxv. ............................................................................................. 3 Man Survcv Crew. ............................................................................................. Technician III ........................................................................................................ Technician II ......................................................................................................... Tcchnician I .......................................................................................................... 69.00 per hour 58.00 per hmir 60.00 per hour 55.00 per hour 50.00 pcr hour 40.00 pcr hour 95.00 per hour 75.00 per hour 55.00 per hour 55.00 per hour 45.00 per hour 35.00 per hour 95.00 per hour 90.00 per hour 70.00 pcr hour 45.00 per hour 80.00 per hour 65.00 per hour 55.00 per hour 55.00 per hour 50.00 per hour 45.00 per hour 40.00 pcr hour 85.00 per hour 98.00 per hour .38.00 per hour 30.00 per hour 25.00 per hour Subcontractors ..................................................................................................... Cost Out-Of-Pocket [:.xpcnscs .............................................................................. : ....... Cost Mileage ................................................................................................................. S .30 per mile Concrete Monumcnts ........................................................................................... $ 10.00 each Permanent Refcrencc Monuments ....................................................................... $ I0.00 each This Fcc Schedulc is effective fl~r one year from date of issuance. REVISED SCI II.ii)U IA'; B - :VI'TACI IMENT C CONSULTANT'S ESTIMATE OF ADDITIONAL SERVICES (INCIA;,I)IN(; I)ETAll,EI) OBSEI~,VATION OF CONSTI~,UCTION) l)ctailcd ()b.scrvati~m ,\DDITIONAI. SERVICES Current Revised Budget Budget_ S31.000 S31.000 t'crmits'Approvals S21. 100 Surveying/Easements 1.02 16.500 O&M Manuals 2.500 Subsurface Investigation 2.500 Structural Redesign 10.000 5.1cchanical Revision 5,000 Roof Redesign 4.000 521,100 16,500 0 2.5O0 10,000 5,000 4.000 TOTA I.: S92.600 S90.100 Date: To: From: Re: August 7, 1998 Wilma Iverson, Senior Specialist Real Property Department Ellie Hoffman, Deputy Clerk Minutes & Records Department Easement Agreement for the Acquisition of Easements Known as Parcels 147 and 847 for the Livingston Road Four Laning Improvement Project Enclosed please find the original document as referenced above, Agenda Item ~16B4, approved by the Board of County Commissioners on August 4, 1998. if you should have any questions, please contact me at: (8406). Thank you. Enclosure PROJECT: Livingston Road PARCEL: 147,847 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered by and between A. J. Viggiani, (hereinafter referred to as the "Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns (hereinafter referred to as the "Purchaser"); WHEREAS, the Purchaser requires an Easement over, under, upon and acr.ss the lands described in Exhibit "A", which is attached hereto and made a part of this Agreement, fl~r road right-of- way, sidewalk, drainage, utility and maintenance purposes; and WHEREAS, thc Purchaser requires an Easement over, under, upon and across thc lands described in Exhibit "B", which is attached hereto and made a part of this Agrecmcnl, for slope, drainage, utility, and maintenance purpose; and WHEREAS, the property described in Exhibit "A", and Exhibit "B" shall hereinafter collectively be referred to as the "Property"; and WHEREAS, the Owner desires to convey the Easements to the Purchaser for thc slated purposes, on the terms and conditions set forth herein; and WHEREAS, the Purchaser will allow bolh existing driveways to remain on this property; WHEREAS, the Purchaser will construct the Livingston Road Project according to the revised Sheet 30 of 87 of the construction plans for Livingston Road (C.R. 881), which allows a U-turn at this median opening under current transportation traffic operation guidelines; WHEREAS, the Owner will be allowed to connect to thc potable water utility facilities, when they become available; and WHEREAS, the Purchaser has agreed to compensate the Owner for the granting of thc Easements over, under, upon, and across the Property. NOW TttEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which arc hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. Owner shall grant to Purchaser Easements over, under, upon, and across the Property in exchange for the sum of 5105.000.00 as full payment for the Property interest taken and for removal or destruction of landscaping, trees, shrubs, improvements and fixtures, and for any damages resulting to the remainder, if less than the entire property ,,,,'as taken, and for all other damages in connection with said Property. 2. Purchaser shall pay Owner for above referenced cost by County Warrant. 3. Both Owner and Purchaser agree that time !:, ~f thc essence in regard to tile closing and that. thcre£ore, said closing shall occur v,'ithin sixty i60) days of thc execution of Ihe Agreement hy Purchaser. At closing, Purchaser shall deliver thc County Warrant to Owner and Owner shall deliver an easement to Purchaser in a form acceptable to ['urchaser. 4. Prior to the closing, Owner shall cooperate and assist in obtainipg from the holders ofany and all liens, encumbrances, exceptions, or qualificati(,ns in and to ~he Property, the execution of such instruments that will, upon their recording in the Public Records of Collier County, Florida, clear any and all encumbrances from the Properly. Such instruments shall be provided to Purchaser on or before the date of closing. 5. Conveyance of the Easements, or any interest in the Property, by tile Owner is contingent upon no other provisions, conditions, or premises other than those so stated above; and the written agreement, including ail exhibits attached hereto, shall constitute the entire agreement and PROJECT: Livingston Road PARCEL: 147, 847 EASEblENT AGREEMENT THIS EASEMENT AGREEMENT (hereinafter referred to as Ihe "Agreement'J is made and entered by and between A. J. Viggiani, (hereinafter referred to as the "Owner"). and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns (hereinafter referred to as the "Purchaser"); \VHEREAS. the Purchaser requires an Easement over, under, upon and acr,,ss the lands described in Exhibit "A", which is attached hereto and made a part of this Agreement, fi~r road right-of- ',','ay, side,.valk, drainage, utilily and maintenance purposes; and \VHEREAS, tile Purchaser requires an F. asement over, under, upon and across tile lands described in Exhibit "B", ,.vhich is attached hereto and made a pan of this Agrcemcnl. for slope, drainage, utility, and maintenance purpose; and WItEREAS, tile property described in Exhibit "A", and Exhibit "B" shall hereinafter collectively be referred to as the "Property"; and WHEREAS, the O,.vner desires to convev tile Easements to the Purchaser for tile stated purposes, on the terms and conditions set forlh herein; an'd WIIEREAS, tile Purchaser ,.,,'ill allow bolh existing driveways to remain on this property; WHEREAS, the Purchaser ,.','ill construct the Livingston Road Project according to tile revised Sheet 30 of 87 of the construction plans for LMngston Road (C.R. 881), which allows a U-turn at this median opening under current transportation traffic operation guidelines; WHEREAS. Ibc Owner w/Il be allowed Io connect to tile potable water utility facili6es, when they become available; and WHEREAS, lhe Purchaser has agreed to compensate the Owner for lhe granting of the Easements over, under, upon, and across the Property. NOW THEREFORE, in consideration of these premises, the sum o£ Ten Dollars (5;10.00/, and other good and valuable consideralion, tile receipt and sufficiency of v,'hich are hereby mutually acknowledged, it is agreed by and between tile parties as follows: 1. Owner shall grant to Purchaser Easements over, under, upon, and across the Properly in exchange for the sum of $105.000.0¢) as full payment for the Property interest taken and for removal or destruction of' landscaping, trees, shrubs, improvements and fixtures, and for any damages resulting to the remainder, if less than tile entire property ,.,,'as taken, and for all other damages in connection whh said Properly. 2. Purchaser shall pay Owner for above referenced cost by County Warrant. 3. Both Ov,'ner and Purchaser agree that time ix of the essence in regard to tile closing and that. therefore, said closing shall occur within sixty i60) days of lhe execution of lhe Agreement by Purchaser. At closing. Purchaser shnll deliver lilt.' Courtly Warrant to Owner and Owner shall deliver an easement to Purchaser in a form acceptable to Purchaser. 4. Prior to the closing, O,.vner shall cooperate and nssist in obtainir, g From the hoklers of any and all liens, encumbrances, exceptions, or qualifications in and to the Property, the execution of such instruments lhal will. upon their recording in lhe Public Records of Collier County, Florida, clear any and all encumbrances from the Properly. Such instruments shall be provided to Purchaser on or before the date of closing. 5. Conveynnce of tile Easements, or nny interest in Ihe Properly, by the Owner is contingent upon no other provis ohs, conditions, or premises other than those so slnted above; and the writlen agreement, including all exhibits attached hereto, shall constitute the entire agreement and understanding of the panics, and there are no o~her pr{or or contemporaneous written or oral agreements, undertakings, promises, wan'antics, or covenants not contained herein. 6. Owner is aware anti 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. 7. Owner represents that the Properly and ~,ll uses ofthe Property have been and presently are in compliance with all Federal, State anti Local environmental laws; that no hazard:,us s,bstanccs have been generated, stored, treated or transferred on the Properly except as specific,lly disclosed to the Count),; that thc Owner has no knowledge of any spill or environmental law violalion on any property contiguous to or in the vieinib, of the Property to be sold to the County. that the seller has not received notice and otherwise has no knowledge ora) any spill on the Property, b) any existing or threatened environmental lien against the Properly or c) any lawsu[t, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on tile Property. This provision shall survive closing and is not deemed satisfied by conveyance of title. 8. Owner hereby agrees Ihat it sMII indemnify, defend, save and hold harmless thc County against and from, and to reimburse the County with respect to. any and all damages, claims, liabilities, laws, costs and expenses (including without limitation reasonable paralegal and attorney fees and expenses whelher in court, out of court in bankruptcy or administrative proceedings or on appeal}, penalties or titles incurred by or asserted against the County by reason or arising (,,t of the breach owner's representation under Section 7. This provision shall sun'ive closing and is not deemed satisfied b), conveyance of title. 9. The l'urchascr shall pa>' for all cosls o£recording the easements. All other costs assc, cialcd with this transaction includi,g but not limited to transfer, documentary and intangible taxes. recording costs for an), curative instruments shall be borne and paid by Owner. 10. This Agreement is governed and construed ill accordance with tile laws of thc State Florida. ,,,~.N \fITNESS \Vl tEREOF, tile pa~es hcrelo have execulcd this Easemenl Agreement ,fi/r, itay of ~'7~, 19..~__~ m'~ this Dated ProjecVAcquisitior~ Approved by BCC: 10/8/96; Res. 96-.457 AS TO PURCItASER: DATED:~~ ATTEST: .:' DWIGHT E. BROCK, Clerk (Si~tur~ / / r/c (Printed Name) BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: i'_~- ~ nd legal SL'fficie,cv: Henri F. )XstTton'~ Assistant County~y 3301 OFFICE OF CAPITAL PROJECTS EAST TAMIAMI TRAIL NAPLES, FLORIDA 54112 (941) 774-8192 8 B 1 GA D SCRIPTION NOT A SURV Y road right-of-way, sidewalk, PROJECT NO. PROJECT PARCEL NO. ]Jr 7 TAX PARCEL utiliLy, dr,3inage & mainteH;~ncu oH:¢-m~tHt COMMENCING AT TI IE POINT OF IN'rERSEC~FiON OF 1'11E CENTF. RLINE OF GOLDF. N GATE PARKWAY AND TIlE EAST RIGI IT OF WAY LINE OF LIVINGSTON ROAD.SAID I~lhrr OF COMMENCEMENT ALSO BEING TIlE SOUTItWEST CORNER OF TRACT 7, f)F TIIE PLAT TI IEREOF GOLDEN GATE ESTATES UNIT NO. 29 AS RECORDED IN PI,Al' BOOK 7 PAGE 5? OF TI IE PUBIolC RECORDS OF COLLIER COUNTY, FLORIDA. TIIENCE NORTII H DEGREES 22 MINUTES 13 SECONDS WEST. A DISTANCE 0~: .~olm FEET TO TI IE POINT OF BEGINNING: TI IENCE CONTINUING NORTII ALONG SAID lANE AND 'rile EAST R/GIlT OF WAY LINE OF LIVINGSTON ROAD, A DISTANCE OF 391.11 FEET; TIIENCE NORTIIO DEGREES 16 MINUTES O I SECOND WEST A DISTANCE OF 238~9 FEET; TIIENCE 'LEAVING SAID EAST RIGIIT OF WA~¢ LINE NORTII 89 DEGREES 3(} NIINUTES 18 SECONDS EAST, A DISTANCE OF 20.00 FEET; TIIENCE SOUTII 0 DEGREES Ira MINUTES OI SECOND EAST, A DISTANCE OF 238.86 FEET; TIIENCE SOUTll o DEGREES 22 MINUTES 13 SECONDS EAST. A DISTANCE OF 32 I. 14 FEET; TIIENCE SOUTII 45 DEGREES 25 MINUTES 58 SECONDS EAST, A I)ISTANCE OF ra3 57 FEET. 'r'IIENCE NORTII 89 DEGREES .'to MINUTES 18 SECONDS EAST. A DISTANCE OF 295.38 FEET; TIIENCE SOUTII 0 DEGREES 29 MINOTES 42 SECONDS EAST, A DISTANCE OF 25.OO FEET TO 'rIIE NORTIt RIGIIT OF WAY LINE..' OF GOLDEN GATE PARKWAY; TIIENCE SOUTH 89 DEGREES 3H MINUTES 18 SECONDS WEST ALONG SAID NORTII RIGIIT OF WAY LINE, A DISTANCE OF .160.43 FEET TO TIlE POINT OF BEGINNING; SAID DESCRIBED TRACT CONTAINING 0.588 ACRE (22,123 SQUARE FEET). MORE OR LESS. BASIS OF DEARINGS IS TIlE NORTII RIGIFF OF WAY I.INE OF GOLDEN GATE PARKWAY BEING SOUTII 89 DEGREES 311 MINUTES 18 SECONDS WEST, PARCEL 147 EXHIBIT J)ROFESSIONAL LAND SURVEYOR ///2406' ." ', OFFICE OF CAPITAL PROJECTS COLLIER COUNTY GOVERNMENT COMPLEX 3,:301 E TAMIAMI 'IRAIL NAPLES, FLORIDA 33962 684 14.7 OFFICE OF CAPITAL PROJECTS 3501 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34i 12 (941) 774-8192 SKETCH OF DESCRIPTION H.89'50'18"E. ~ 559.O6' DI~Whl BY: '-L 147 1RACT 7 58"E. 63.57' P,E),]3,% tl.89'30'18"E. , .,._3_6_0_. 4 3' ._y~, S.89'J0'ls"w. GOLDEN GATE PARKWAY 295.38' ?J GEI~EP, AL l) P,[],C. Imdlcotes Point oF F;ommencer~emt ~) P,~.[]. ;md)cotes Point 3) Sec. indico Les Sec Lion 4) Twp. Indicates Township 5) Rge. indicote5 ~onge G) ~/W indlco-~es 7) A(I distances ate in Feet ~nd decimals theteo¢ 8) Basis 0¢ bearings Is the No. tH Golden date Parkway being 2.89'30'18'~. 9) Not valid unJess signed and seated with the embossed seat oF the P¢oFesslonol land su~veyon ~T THIS IS ONLY A SKETCH S~L£: ~ rE£ NO,: NBT TD SCALE PR-147 SHEET 2 OF 2 3301 ._~_~H I B I T OFFICE OF CAPITAL PROJECT£' EAST TAMIAMI TRAIL NAPLES, FLORIDA 54112 (941) 774-8192 2684 EG_L~DESCRIP~ slope, drainage, PROJECT / PROJECT PARCEL HO. TAX PARCEL tlliliLy ~, Inainte.ance eas;oneu~ CO;,h',tF. NCI/',/G AT TIlE POINT OF INTERSECTION OF 'FILE CENTERLINE OF GOI.DEr'I GATE PARKWAy AND TIlE EAST R IGttT OF WAY LINE OF LIVINGSTON ROAD; '11 IENCE NORTII 0 DEGREES 22 MINI£FES 13 SECONDS WEST ALONG TIlE EAST RIGIIT OF WAy I.INE OF SAID I.[VINGSTON ROAD, A DISTANCE OF 120 04 FEET; TIIENCE I.EAVING SAID EAST RIGI IT OF WAY LINE NORTH 89 DEGREES 37 MINUTES SECONDS EAST, A DISTANCE OF 20.1~! FEET TO TItE POINT OF BEGINNING; TIIENCE NORTH O DEGREES 22 MINUTES 13 SECONDS WE-ST, A DISTANCE OF 32 I. 14 EEET; TIIENCE NORTII 0 DEGREES 16 MINUTES ol SECOND WEST, A DISTANCE OF 2]R.86 FEET; TIIENCE NORTII 89 DEGREES 30 MINU'I]:.S 18 SECONDS EAST. A DISTANCE OF ~0.00 FEET; THENCE SO{iFIl 0 DEGREES 16 MINU]'ES SECOND EAST, A DISTANCE OF 238.81 FEET; THENCE SOt/TI[, DEGREES 22 MINUTES I ] SECONDS EAST, A DISTANCE OF 3[5 I. 19 FEET; ~ IENCE NORT! 1 45 DEGREES 25 MINUTES 38 SECONDS WEST, A DISTANCE OF 56.3l FEET TO 'l'l POINT OF BEGINN[NG; SAID DESCRIBED TRACT CONTAINING ,.533 ACRE SQUARE FEET}. MORE OR LESS. IJAS/S OF BEARINGS IS TIlE EAST Rl(;ll'r WAY LINE OF I.IVINGSTON ROAD BEING NORTll l} DEGREES 22 MINUTF. S I] SECONDS WEST PARCEL 847 ,,"i;,' '~/', / ," G PROFESSIOHAL LAHD SURVEYOR //2,106 ; OFFICE OF CAPITAL PROJECTS COLLIER COUNTY GOVERNMEHT COMPI.E× .3301 E TAMIAMI TRAIL NAPLES. FLORIDA 55962 OFFICE OF CAPITAL PROJECTS 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION (.) Z © I- H. 89'37'47"','l.-x, 20.00' P,EI,]],-% PARCEL 847 I'RAC T 7 ¢'i O 360.54' ~ GOLDEN GATE PARt<WAY hl CD -t I) P,F].C. tndlcntes Point o£ Commencement 2) P.O.D. Indicates Point of' Beglnnlng 3) Sec, Indicates Section ' 4) Twp. Indicates Township 5) Roe. indica±es Range 6) R/W indicates Right-oF-way 7) h!l distonces ane In Feet and declmols ~her'eoF 8) Basis o£ bearings Is the East R/W line oF Livingston Road being N,00'22'I3'W. 9) Hot vottd unless signed and sealed ~lth the embossed se~( oF the P~oresslonal land sur'veyor- THIS IS ONLY A SKETCH ~ PR-847 SHEET 2 OF 2 AI).MEND31ENT NO. 4 MARCO ISLAND FIEACll RENOURISII?~IENT I R()I'I..SSION,~I, ' ........ SI.R~ ICI,.S AGI~I..I..%II,.NT TI tIS .'\GREE,XIENT is made and entered into this Z-.TM day of .... 1998, by and between the Board of County Commissioners for Collier County, Fiorida, a political subdivision of the State of Florida (hereinafter referred to as the "OWNER") anti Coastal Engineering Consultants. Inc., a Florida corporation, authorized to do business in the State of Florida, whose busir~css is 3106 South I [orseshoe Drive. Naples, Florida 341 (hereinafter referred lO as the "CONSUI.TANT"). WITNESS ETIh WIIEP. EAS, thc OWNER desires lo obtain lhe professional engineering and su~'eying se~'ices of the CONSULTANT coucernlng certain monitoring services for ,',larco Island Beach Rcnot,rishment Project (hereinafter referred to as the "Project"), said services being more fi~Ib, described in Schedule A of' the original Professional Services Agrccmcni; and WIIEREAS, On September 6, 1994, lhe Board of County Commissioners approved a Professional ger.'ices Agreement with the CONSUI.TANT to perform annual monitoring ser¥ices for the Project: and \VItERE,,\S, the CONSULTA,";T has submiued a proposal fi~r provision of those services during the 1908/1999 monitoring period; and WIIEREAS, CONSUI.TANT represenls that it bas expertise in ihe type o£ professional services that ,,,,'ill be required £c)r the Projecl. NOW TIIEREFOR[:., in consideration of the mtHual covenanls conlai,ed herein and other good nnd valuable consideration, tile Marco Island Beach Renourlshment Professional Services Agreement entered into on September 6, 19%1 (hereinafter also referred to as the "Agreement") is herd)y amended ns follows: 1. Schedule B, Attachments B and C, is hereby amended anti revised as set Forth in Exhibit "A" attached hereto. Said Exhibit "A' is the Jtnlc 3, 199g, letter from Coastal Engineering ConsuNants, Inc. lo Project i\Ianager llarry lhJber re: "Proposal for Professional Services. 199S, ,Marco Island ,Mo raring" 2, Article Five of the Agreement is hereby amended as follows: Compensation the OWNER for services rendered hereunder by CONSULTANT shall not exceed an aggregate amount oF $100,850.00 as provided in Exhibit "A" atlached hereto without an appropriate change order or amendment to this Agreement. 3. Other than the changes/additions indicated in this Amendment, all provisions of the original contract are in full force and effect. IN \VITNESS WItEREOF, the parties hereto have executed this amendment to the Agreement the day and 3'ear first written above. ATTEST .'.....//?.., ..: "..'; Clerk Approved as to form and legal sufficiency: County Attorney /_~ -' Wit ness BOARD OF COUNTY COM,XlISSIONERS FOP, COLLIER COUNTY, FLORID,\, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA Coastal Engineering Consultants, Inc. David E. Weston Vice President oFFinance & Administration (CORPORATE SEAL) IH211 lb' 4.MI COASTAL ENGINEERING CONSULTANTS INC June 3. 199,"4 ,Xlr. I hu'r',' I lul'~cr. Project ,Xlan;u,~cr 111 Collier County ()lTice of Capital l)r(~iec(.~ 51anagement 3301 'F;uni;m~i Trail East Nuplcs. [:I. 34112 Re: I'I~,()I'OSAI, I,'()R I'ROI:ICSSI()NAI, SI';RVICES 1998 .X I,',, RCf) ISI.,ANI) 5 IONITf)I~,IN(; CEC l.'ik, No, 98.286 [)car I huTv: [~tlrStl;lll[ lo (~tlr |h'(ffcsSiOllaJ .";crviccs _ , to provide ;llllltlltJ In(mitt~ring scrvlcc.,, Al'ret ment .~Iarc¢~ Ishmd Bc;~ch RcnourJshmcm Project. CECl is pleased lo present this revised Schedule ,'Mtachmcnt (' for Iht 19c)8 ~lcm~Orillg Hcport. Please ~tc)lc lhJs ~I'o~oNal Jncludcs cighty-n;nc (89} heach and offshore profile lines. The exlelll of the mon ilorin,j i nc t des thc 1990- 1991 Beach Fill Restoration Areas. 1990- 1991 Borrow Areas. [~rcakwatcrs. Sho:~ls in Bi~ ,Xhu'co. Capri. and C~xamhas Pass. Sand Dollar Island. Kicc [shred. and ~l~c 1997 Schedule I~ - Allachmenl C Consullant's Estimate of Additional Services :\.S.I. 1 Aerial Ph(>lo~raph.,, ..\.,":. 1.2 Beach ;md ()ffshorc Profiles A.N. 1.3 Sim;ti .Xhips 5 3.00(}.(1() ..X.X.I..1 ~lonjlc~rin~ Assessment $16.3()().()f~ A.S. 1.5 Report Prcparz~tion. (7ompihtlirm and lh'i~ltin~ 5 1.5()(}.()() A.8._ Pnwide Owner Autlmrizcd Addition;ti Services ,,\.,";. 2. I Dcsi,,n ;md ('{~rclination of Maintenance Act~vilics · ~. ..q ........ :.~,,...,~- DRIVE · ~,,IAPLES, FLORIDA 34104 · (941) 643-2324 · FAX (941) 643-1 i43 Mr. Harry tluber June 3, I998 Page 2 EXI-tlBIT "A" Our estimated annual cost for providing these services '.','ill be S100,850.00. Charges for Ihcsc services ,.','ill be billed on a time and reimbursable cost basis, based on thc approved Schedule B - Attachment B. attached hereto, which is made a part of this a~reement as if fully con[aincd herein. ~ Services beyond the scope presented herein can be provided as Additional Services and shall bc authorized in writing by you. We trust this proposal is responsive to your needs. If you have any questions, please contact our office. Sincerely. COAS?AI. ENGINEERING CONSULTANTS, INC. Michac~ T. Poff. P.E. ' CoasiaI Division Manac, er Cc: Frank Blanchard Attachment: Fcc Schedule J:IDA TA 1982861proposal. doc EXI [IBIT - "A" SCIIEI)ULE B -ATTACIIMENT I:~ (;()NSUI.TANT.q I';MPI.OYEE IIOURI,Y RATE ,qCltl.~l)lJl.I.; Effective April I. 1998 l'rincipal Associate Pm. jet! Staff Designer Technician I'()SITION /TITI.E :\ppraiscr. tS~ginct.'r. F. nvironmcnml Spccialisl. Scientist. Survcx(,r & Mapper Appraiser. Engineer. t{nvironmcntal Specialist. Scicmisl. Surveyor & Mapper -Xppraiscr. Engineer. 15~vir.nmcntal Sl~cialist. Scientist. ~urx'c~t~r & Mapper .-Xpprmxer. Engineer. lmv~ronmcntal Specialist. ScienlN..Survcv,~r & Mapper ('i~iJ lingineermg. C(,asl;ll ling~nccrmg Appr;fisal. Engineering. tSnvironmental. Scientific. Survey & Xlapp~ng ('~mxtruction Observer Adminixtra~ive Assistant Al~l~raisal Researcher J ) rit fl ~nlim J~c,~c'arch '['hrcc Man Survey & Mapping Crcxv '['x~o Man Survey & mappillg Crcx~ llrlv, l:ees i{I';I.',.IllUI{SAI~I.I.; I.;XI'i.~NSES & EOUII XIi;N F RENTAl, I'~Xt'l-~X.',;l-; ,~ F. OL:II'XlI!NT DESCRIPTION l lydrogn~phic I)GPS Survey Syslelll I Week Minirnum l.case S .";in,,:lc [:reql,uncy l)cplh .'q(mnder 'l'hcrnml h.l).M. .\lief,tide Rccordcr (I Monlh .~lmlllohLJ Rcc.rchng Currcn! ,Meier '~V~zard l'rt ;ce,,,,i ng Sur,.cv Boat ()ff-[G)ad Vehicle I:\'I'V~ S J'~JtJef~ritllx .\lx Jar ,\lilca~c Rate/I,'ec 2.300 /v,'cck $ 7.5t1(1/m,,nlh 15{) Id;Iv 120 Ida,. $ 25(}/(lily 50 /Imlfdav ~min. $ 12()/day 1.50/shccl Jll','oicill,g wiJJ J3t? pr(,v]ded ~,11 ;1 II'~¢HIIJ'lJv brims. J~ilS'lllgllls ;irc dtlu Ilpoll rk'cClpl ~)l nv(nct:k It wrltlCn rlOllCe {~f il qllCsllOll 15 Till[ rCCCl~ed wllhin IJllrly dHys Of I[1VIHC'C. StlCJl ilC[l(HI wiJJ J)c' ti(HIS/Flied ;1~ ;ICL'C[)JiltILL' (1~ CJlilrgck and %crvict. ils ;Ic'Cllril[e ;llld .icceplilhJe. Rcimlmrs:ll)le I'ixperlseS ','.'lit hc hilled i,t c'()st. Typical (,tit of pocket expenses include: Iravcl behalf ,ff ~hc cJlcll[ rdafing m J)C'rllll[llllg. a~rlal r~cOrHlai~ancc arid pJl(Jl¢i~rat~hic CXpeFIS, CS. ~llld ~tll-worltra¢.L,,; or ~lll)con~lJJl;t/llX v.'ill be a(.Jlllltllstcrcd ;Il Cosl piLlS Rates; ~II lhi,, ',chedtJle arc' gtlaralltec'd for (~11,2 ',,'ear from the date sh<nt n itbtwc,. *'" .l':xpert Witnes,~ fees x~ill bc negotiated on a case by case basis ~cp;ir:ltcly. LAN O6 504-88 Return to: SOUTH FLORIDA WATER MANAGEMENT DISTRICT P.O. Box 24680 West Palm Beach, FL 33416-4680 This instrument prepared by: Holly Young, Esquire, South Florida Water Management District 3301 Gun Club Road, P, O, Box 24680 West Palm Beach, FL 33416-4680 Project: Big Cypress Basin Cocohatchee Canal Tract No.: 100-143 THIS INDENTURE made this 'Z/'/~day of ~-'~-~,'~1-'" , 19/~',~,' between COLLIER COUNTY, a political subdivision-of the State of-Fl,~Cfda, whose mailing address is 3301 East Tamiami Trail, Naples, Collier County, Florida 34112, hereinafter referred to as Grantor, and SOUTH FLORIDA WATER MANAGEMENT DISTRICT, a public corporation of the State of Florida, with its principal office at 3301 Gun Club Road, West Palm Beach, Florida 33406, and whose mailing address is Post Office Box 24680, West Palm Beach, Florida 33416-4680, Palm Beach County, hereinafter referred to as Grantee. WlTNESSETH; WHEREAS, Grantor granted and conveyed to Grantee that certain Temporary Construction Easement (the "Easement"), dated January 13, 1998, recorded in Official Records Book 2380 at page 1301 in the Official Records of Collier County, Florida, encumbering that certain real property legally described in Exhibit "A" attached hereto and made a part hereof; and WHEREAS, Grantee and Grantor desire to extend the termination date of the Easement from May 1, 1999 to July 1, 2000. , NOW, THEREFORE, for and in consideration of the foregoing and other good and valuable consideration, the undersigned hereby agree as follows: 1. The term of the Easement shall expire at 11:59 p.m., July 1, 2000. 2. The Easement, as herein modified, shall continue in full force and effect through and until the expiration date set forth in Paragraph 1 above. Page 1 of 4 1 68 7 mm, IN WITNESS WtJEREOF, the panics hereto have caused these presents to be executed in their names on the day and year first above written. ATTEST: ~'ti:~st.as to Chat~h's BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA Approved as to legal form and sufficiency Assistant County Attorney (Corporate Seal) ATI-EST: SOUTH FLORIDA WATER MANAGEMENT DISTRICT, BY ITS GOVERNING BOARD By:. Frank Williamson, Jr., Chairman Anthony Burns, Assistant Secretary STATE OF FLORIDA ) ) COUNTY OF PALM BEACH ) The foregoing instrument was acknowledged before me this day of 1998 by Frank Williamson, Jr. and - - Chairman and Assistant Secretary, respectively, of the Governing Board of the South ~='lorida Water Management District, a public corporation of the State of Florida, on behalf thereof, who are personally known to me. Notary Public Print My Commission Expires: Form Approved By: District Counsel Page 3 of 4 i 6B 7 Exhibit "A" Tract No. 01-100-143 A parcel of land in Section 24, Township 48 South, Range 25 ~F_.ast, Collier County, Florida, being a part of land recorded in Official Records Book 1141, Page I032, Book 1520, Page 61 and Book 1563, Page 1971 of the Public Records of Collier County, Florida, and being more particularly described as follows: The West 375 feet of the East 510 feet of the East one-half of the Southeast one-quarter of the Southeast one-quarter 0g 'A, SE ~,4, SE 'A) of said Section 24, LESS the South 160 feet. Containing 9.98 acres, more or less. Acreage calculated without benefit ~f survey. BCB\Collier County A:\bcb\ 100--143.1gl August 5, 1996 Revised: May 7, 1997-- Revised: August 12, 1997 Revise. d: October 28, 199'7 DALE: Z.~ AMENDMENT TO RADIO ROAD PHASE II APPRAISAL AGREEMENT THIS AMENDMENT TO RADIO ROAD PHASE II APPRAISAL AGREEMENT (hereinafter referred to as the "Amendment") entered into this ....,-,".-'~' day of -~i.~.,, . '7- _, 1998. is by and betw, een COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida (hereinafter referred to as "County"), whose mailing address is 3301 Tamiami Trail East. Naples, Florida 34112, and REAL PROPERTY ANALYSTS, INC., Inc., a Florida corporation, (hereinafter referred to as "Appraiser"), whose mailing address is 1000 South Federal Highway, Suite 202, Deerfield Beach, Florida 33310. WHEREAS, since the date of the original Radio Road Phase II Appraisal Agreement between Collier County and Real Property Analysts, Inc., dated May 1, 1998 (hereinafter referred to as the "Agreement"), it has been determined that additional parcels should be appraised; and WHEREAS, under the provisions of Paragraphs 1, 5 and 6, of the Agreement, said Agreement may be amended to add parcels to the Appraiser's assignment; the County may change the scope of work of the appraisal assignment; and the fees and due dates for delivery of appraisal reports to the County may be amended. NOW, THEREFORE, in consideration of the above recitals, and the mutual promises contained in the Agreement, County and Appraiser hereby amend said Agreement as follows: Due to the addition of appraisal assignment(s) by County, Exhibit "A" to the original Appraisal Agreement (setting forth the parcels to be appraised, the fees for delivery of the appraisal reports, and the due dates therefor)is replaced in its entirety by Exhibit "A2" attached to this Amendment, and made a part hereof by reference. Page 2 2. All other provisions of said Agreement are still in full force and effect. IN WITNESS WHEREOF, the parties have hereunto affixed their signatures by their duly authorized representatives. AS TO COUNTY: A I 1 EST: DWIGHT E. BROCK, Clerk ; Deputy Clerk' ~-Atte.~[ as to Ch~lr~n's signature on].~., AS TO APPRAISER: COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida Barb~'~ B. ~3er-~,' C'~'~- Real Property Analysts, Inc., a Florida corporation Donald T. Sutte, President Approved as to form and I,egal su~cie, ncy: Heidi F. Ashton Assistant County Attorney EXHIBIT "A2" APPRAISAL FEES AND REPORT DUE DATES BAROEL NOS. APPRAISAL FF_,_F, DELIVERY DAY__$.* 142 $1,950 3O 144 S1,950 30 I45 $1,950 30 Delivery Days = n days from Notice to Proceed Fees include Appraiser's subcontractors and sub-consultants. lbB18 DaEe: ~o: From: Re: August 7, 1998 Barbara Smith, Senior Secretary Pelican Bay Services Division Ellie Hoffman, Deputy Clerk Minutes & Records Department Resolution 98-289, Accepting Terms and Conditions of the U. S. Army Corps of Engineers and Department of Environmental Protection re Ongoing Management of the Clam Bay System Enclosed please find a copy of the document as referenced above, Agenda Item #t6B18, approved by the Board of County Cor~issioners on August 4, 1998. Kindly forward the instruments as indicated in the resolution to ~,l~nutes and Records. If you should have any questions please contact me at: 774-8406. ' Thank you. Enclosure 16B 1 8 ,u:sfJIrrr(J~ ~u. 91f-......1!9 A IU:'~OI.LrTI()~ ACCfo:I'TI~C; TI": n:lulS A~IJ ('U~f)fTI()~S Ot' Tilt: llS AI(MY corU'S OF .:N(;I~t:":RS sr.cno~ 4C", 1'F.R;\1IT NU. 1'196027I19(1P-CC) ANU Tilt: t'r.OIU1M IJt:I'I\lrr~..:~... nt' t:~\'II(()~)"':~T,\I. l'lwn:n fC)~ ('(J~SOl.If),\ Tim JOI~T C()'\~TAI. P.:R;\IIT. sun:R.:I(;~ srU)It:,ua:t> 'H\~J)S ,\lITII()IU7,,^n()~ '\~IJ \',\KL\~n: ~U. OI2IUc.3.C1nl..IC. A ('U~rr-RF.IIt:~Sln: ~1:\~.$;DIf:~T I'I...\~ H)K Tlfr. IU:ST()RA1'IU~ .\~IJ (J~( ;()J.'~(; )IA~,\(;D"':~T ut. Tm: (.'1.,$1 II,\\' S\'STr-:)1 :\~IJ TU AI THOIUZE TIlt: U1IU:C"rOl( Uf 1'f:I.I(.'/\~ IIA \' SEln'ln:s TO Sl(;~ 'I'm: 1'.:lt~IITS U~ ....:11,\1.1-' Of ('()I.I.":I( COt xry I": rr IU:SOI. \'t:u. I'I~ n":lr,1 "I' ('lllllll~' e'Il"lIni~illlk:rS "I' ('"lIil.'r ('1I11111~. ""'ri"a, IIn :\U&:lIs1 ~. 'IJlJK. 1141" "1"ll1l11uliun m:kk. !l4'\:und,,'\I :1ll,11'"'sS\'\I ,1,,'h:nnin,,',111I :1I'llm\t::uk.! :1\:~':"llh.: I'-'nns allll ':111"'iti,lns Ill' Ilk: li'lltl\\inJ: "","nils :111" FaS\'m'-'l1ls alld hi r:lIil~ :I/ltl :,llirlll d",. .:Iltr~ 111'111\.' ("IIIl!'o\.'1II ( )rJ.:r t1Ju' Fil... ~u, /I I ~X.J(..l.IH" .J(' I "al"'ll Ill\.' ft d.l~ "fJlIl~. 1'11'1(, hl-\\il: I. ",S, :\('()J: S,,'\:lilln ""~ "I.'rlllil ~II. I'JI}{,".:!7ICfJeJl'.('(' t. ., FUEl' C'III1Stllid:II,,'\I Jllinl (""mila I 'Jt.'rnlil. SII\'t:n:illn Sllhtlll.'r~"'lII.:III'" :\lIlhnri/alillll itntl Varia'lel.' ~II. tll:!X"'t,J.CKJI-Je'. HE IT ITlfJ'IJt:I~ IU:SOI. n:u. Ihalllk: ilblroml.'ms n:'~rl.'rle':" ahm", :,n: lu ht.' allad,,,,,1 alkl m:KI.: ;r /'Un Ill' this f("'''lIll1lh.n :u1C.l Ihal Ih", lJirwlur IIf Ih", 1'",lk:/n /la~ S"'r\ iw... IJi\'j,illl1 i~ h\.'r\.'h~' .lllth(lri/"'\I .lI1d L1if\~t,,'" III !l4'\:k Slleh .irrtht.'r :tlrlhnril':llillll a, fIIa~ 1'1: r~~luir\.''' It I ~ni:~IlI;II~ lIlt.' rur""!'o\.'ll :11'" irll~1l1 III' Iht.' ah..\\.' I',,'rrnil" :111" hIS\.'/1I\.'III,_ .II1J h. i"'fll"'III~1l1 0111\1 :Ihi"... h~'IIlt: I~rnl' an,1 \:111l,lilillll!lo ..flh... ('ull!'o\.'l1I ()nl",r, 'I hi!' I<~ll..hlljlln \\ ill 1'I:~1'1111.' l.!n~'\:lht.' ;lIl1n\.'lliah:I~' U"'1I1 ils paSS:lll':. I his 1<l.'snhllic," :Klnplt.'J Ihis _:.::~_ __, da~' ul' .\If~lfsl. I ""X, ;llkr IIllllion. ~''''c'II,1 iI'ltl ma.illrjl~' \'III\.'. /)..\'1 ED: J , '" 0., ~/. .' ..\I'IISI: "WI< il n I:. ISI(II( 'f..:. CI.EMf..: III ):\lm 01, ('Ol:~ '" ('(J~I\IISSI(JXII(S ('OI.UEI< ('(J( XI y, FI.OI(fl),\ " .. . .,/1, U\': ~~,.,,~ g. ~\\.~~ V '1.1t\'II.);~~,\ ('I I:\IR~I/\S -' "~'::"'_'J_ '=.~~,. ,:;. :~..:::...!ft '" ~ Atta:H ." ,.. 'L I " . ".a,... . S ff't.tu,... '~I ' " s ... .... J. '\""'(1\ ~J a.. h..ilrlll ;1111' '.:~al 'lIlli~l.:n\.'~ : ,loA", L ~;f~L- l>a\;,1 f'. \\'.:i&!d -;::r- ('''Ulll~ . \Ih'nlt:~' 168 I 84 DEPAR~NT OF THE ARMY PERMIT Per.mit~ee: Collier County, Pelican Bay Services Division 801 Laurel Oak Drive, Suite 605 Naples, FL 34108 Permit No. 199602789 (IP-CC) Issuinq Office: U.5. Ar~y Enqineer Distr:c:, Jacksc;.~llle XC7E: 7~~ :~~~ "1c~<< a~ti ~:s derivatives, as ~5ed ~~ :~:s ~~:~::, ::-.ea:-.z ::.G ~t:=~':'::.;:e 0: an,! f\;\::Jre transferee. 7he ":.,::::: ":::::;; :~~~=e" :e~e=s :c t~e app:cpriate d1str~c: O~ ~~~:~:~~ C~~~=E ~~ :~e ':::=;;~ -:: E:'lg':':'leers ha'/ing jurisdic:.:.o:'l C.le: :~~ ;:e:::-.:..: ::;:; ac::.::::.:::r :::e app:-cpriate o:ficial o~ ::-.a: :.::~cc: :j::::~:~ ';:-.::er :::4! a:.:::::~: :-/ ::~ :::'3 ::c:':'::'.a~::.:.::~ o~~:ce~.. ...,..... . -... are a~:~o:ized :0 perfor~ ~ork cc~dit:c~s spe~:::ed ~a~~h. in ac=ordar.~.;: ..... .. - "" -... :::(: -.~; ,-c: - ~. - ...." -,.,., c:..~ Project Description: To per~c:-~ ac:ivities i:'l associatior. n::~ --,. ~s <<:-::.,..: ~:erf ~~J"l--"" ~a':) s"orat:on ar-,I .'--a-e-e-- -'.._ U.._ - U:--.__..L... oJj ...e I~.a:n _ 'I "e;. -'''W .'10.. ~ ,., .1_ :"_C.I (CE:;':.iPi I ;;~.:ch is attached to, a:-:d made a part of, :his ~e=:::~: as Attach:ne~: "An. Except as mcdif!ed herein by eit~er t~e Ge~eral CC:'ldi:ic~s cr the Special Conditions, the ?er:nitte~ is a~:h~=:z~d :0 ~~p~e~e~: tte CS~~? as set forth therein. Specificall" :~e ?er~ittee is authorized to proceed with the ~cllcwin; wc=~~: , . ~ . I ~E:~.aCA-A"- · 5 ... ..:--J. _..._.... 0.. eaqcs..e 4~ of :ne CBRHP). Drive Culverts {pages ~~ ~ -. ...... ..".... _...._-~.. 'L C:a::: Pass ~ai:'l cha;.~~~ dredgi:-:g ~o~ ~;ages 49 througt 65 o~ the ~B~~Pl . ,-.... ... 1_ _ '- .1 ., 2, ..#, :: ;".~: .. , -: E~=~va:ic~ an~ :nai~:e~a~ce ~f !~:e=:~r 7:.~~. ~~~~~.' :~a;e~ ~5 :h:o~~~ 7: c~ :~e :B~~?: . --..--'---..--.--. _.._---~--_._._._--- ... . ?E?!'!!7 ~nJHEER: 99602;69 UP-CC) COl.l Ii B Y Sepv'c~s D~~isicn ?E?11:7TEE: er County, Pe can a ...:_ ?~.GE 2 1 681 B C :r.~ abo~e refere~ce= ~cry.s are to be compl~ted as 3~~::::e~ ~i"~l~ th~ r-nQMO a~~ as sho~n and described on atta:h~~ ola~~ ~.~.;be~ed'199:S027e9'(!?-CCl in 38 sheets, dated .:..~::.:.: :, :s.:?~, ',;:-.:.:::-. are attac~e:: :0, and :nade a part o~, t.his pe::7".:: a:: .~.::ach::",e:1~ "S". Project Location: :~e p:-oject is located 'N:::::~ -:::i'::-. ~a'; -1,.(; :he Gu:~ o~ Mexico, Sec:icns 4, 5, 8, 9, 32, 33, Tcw~st:? 49 Scuth, Ran;e 2~ Ea~~, Ccll:e~ Cc~~:'l, Flcr~da. Pe~it Conditions: General Conditions: 1. The time limit for corepletinq the wo::k authO=:'Z0~ e~~s O~ ('I"'" ~ . /'l .1: 'IOU ~l''''''' that you neerl "'c"''' -'-~' -_ '~r-"":"'''e )111 ...,. . ., '" ..l... J. .. ..... . .... ... .. _ __....: ...... ._~...:;_"" _._ -.. "'':''-~c''l'zerl ac.........J 5"\0...,;.. youP "'e""'es" I:c'" - -'-,. t:>.,-,...",,(":- .....- c:....~.. 6. "'"' ...4V__J1 "'-_.u...,- .... _ ~\..I '_ _ .. a __,..,_ ....l. ......':_...,.. :0 :h.:.s cffice for ccnslderaticn at least one ~c:::;. ~c.:crG :r.e aCG'le date is reached. 2. y=u :n~st maintain :he activity authoriz~c h,! c~::. pe=::::: ._ goed conditicn acd i~ confo:-~ance with the te:-:::s a~~ ~G::~:::c~s Gf :~is ~er~it. rc~ a~e not re~ieved of this :eq~.:.=~~~~: if fS~ aba~don the pe::~it~ed ac:i~ity, although you ~ay :na~:~ ~ ;CO~ :a.:.t~ t~ansfer to a third pa~:y in compliance w::~ S~~a=~! Ccnditic~ ~ below. S~ould yc~ ~ish to cease to :nai~:ai~ :~e aU:~crized activitj 0= shculd you desire to abando~ :: h::hc:;: a geed ~aith :=ansfer, ycu must obtai~ a ~o::i!ica:ic~ :f :~:5 pe=::..:.: fro:r. t;.is c::.:.ce, ',Jh~ch :':!d'j recuire res:o::-a::::: ::: :::'': a:-ea. 3. I: you disccve::- a~1 previc~sly unKnOhn historic cr ';""-~enlrr!~ca: ....g""'ai,..c= .I"~!A ac~cmol';C";,':",.. "'''^ ..,....:.,.-.. ~'....~~...(..._~...-.._n.._(~ ~-".. u_"'~_ - -~... _..~ .......__ _ .... ......_..-:: ....., c:1_~_"_'_.! ~ _ _ tj this per~:t, yc~ ~~st i~~ediately noti~y this of:ice of wh~: yc~ have found. ~e hill initiate the Federal and state coordination required to determine if the remains warrar.: a reccvery effort or i~ the site is eligible for :isti~; ~~ t~~ National Regis:e= c~ Historic ?laces. 4. If YO:.1 sell the property associated with this pe=:::~t, IC~ ~~st ohtain the s:;:'la:ure and mailinq address of :he ~ew awne: i:1 :~e space provided a~= fcrward a cCPi of the pe=:i: :0 :~:s ~:::ce to validate :he :ransfer of :his a~tho~:za::~~. ?::P':-:IT :~L-:~B::R: 199602,89 (IP-ee) ?E~~r77EE: Collie: County, Pelican Bay Services D:vis:on ?F.GE 3 'f (..~. ; I \ I ,) \ ,.. 5. If a co~di:~cned nater quality certification has been i~~~~c for ycur pr~Je~:, ye~ m~st comply with the conditicns s~ec:::ec in the cer:ification as scecial conditions to this perm1t. :0: jeur co~,e~ie~ce, a cocv of the certification is a::ac~ed :~, a~d :r.ac.e a r:ar: 0:, this permit as Attachment "C". 6. lc~ ~~st al:o~ :epresentatives from this of:ice ~o i::s~e~: the a~t~c~ized aC:~'lity at any time deemed necessarj to ensure that it is being or has been accomplished in accorda~ce ~ith the :e:-~s a~d cc~di::cns of your permit. Special Conditions: (i) r~e ?e~~i::~e a;rees :0 sutmit semi-annual reports (t~ese and a1: other reports s~all be submitted to U.S. A:~y Corps c: E~qineers, Req~la:c:/ Jivision, Enfcrce~e:'l: 3ranch, ?8. 3G% ~9iO, ;ac%scn'li::e, Flo=ida 32232-0019 and shall re:erencc :he ~e:~i: application nU~~er) corn=.encing six months after per~it issua..ce indicating the status of the project and s~al: inc:ude t~e fol:oni~g info=~at:cn: =eg~n a . Da : e C:1-s: :e, per~itted activity was please so indicate. beg~n; if I.o/o:-k has ne: o. Brief description and extent of work (si:e prepa=~t:..on, monitoring, created ~etlandsJ ccmpleted since the previous repart or since permit was issued. Indicate on copies of the per~it drai/ings those areas where work has been completed. c. Brief descrip:icn and extent of work anticipated i~ the ~ext six months. Indicate on copies of the permit draHino5 :~'J~e areas ~here it is antic.:.pated that work shall be dcne. (~) _The ?er~ittee" :?rees to ce:r.ply '"ith :he ce:r.poner.::s a~:d ::mer:-a~es as spec::led within the Clam 3ay Restoratic~ ../, no. -1",.. (C--'/Ol L" L' o..... h" , .Ianage~e. ... :'_r... ;::'..~." r,.mlcn 1S atL.ac~ec ,_0 t: .1S per~lt as .~~ :ach::-.e~:' "..!..". (3) The Per=i:tee agrees that all studies and reports cond~cted as a par: of t~e Stcr~Wai:er/Fresh~ater Manaae~ent COrr.ccncn: ~: :~e C3~1P W!~l be ~oordi~ated ~ith and appr~ved by th~ Co:~~. ~cllowi:'lg :~:s Stuc1 per:od, the Permittee shall analyze the data ga thered, fO:r:1ula te recor.'.:nenda tions based upon the ca ta, a~:-: :::; "-",.-,- ........ .~.._... ..._...,......_._........M ?E~~I: NG~EER: 199602789(IP-CC) PE~~ITTEE: Colli~r County, Pelican Bay Services Divis:c~ PAGE 4 1 6 B 1 8 ."~ the ~%te:'l: s~;q~stec nj the data, design a plan or ~:a~s t~ "ec',.c~ ....0<::.. ..'a-e.,' ~:s-;"a"ges ;,.to ""he C!a!':t Ba''] ec:;s'./s::e::: ::-:::. .. .. - .. - - - .. .. . . - ...... ..... .. .... ... .. - , t~e de':el~~e~ ~~:c~ds. F~~:~e:~ore, approval by t~r; :c:~s ~: :~e s:uay p~a~~, ~~~cl recc:ts, a:'ld imelementa:icn is a req~ire~e~t C.. -..:~ ..~--,- ":-~o:'-at:o'" conta'l"ned in t-he stud',' n~a~s s::~:;ld .. .,,-.. ~ -.....-... -.... ..... -.. . .. . " . i:'lcl~ce st~d.:.es goals a~d objectives by ~hich tc ac~:e~e ~~cs~ acals. 7::e ?er~i::ee aarees that if Corps determi~es :::at ;ug=e:'l:a:~c~ of the studies objectives are necessary tc ~o:a:~ the st~dy's gcals then appropriate changes will be ~ade ~o :::e d~:a::s ~: :~e s:~die5. {~j 7~e ~~r~it:ee aarees to sub=it :0 t~e Corns d~:a::~j ~:c:~s - . cf :he s:~d:.: plans indicated 0:': sheet ~1 cf 35 0: :::e ':2?1.:? ~.._ r~J.:.en ~i:~i~ 120 days fro~ the date of the permit. The Per~i ttee ag:-ees that f~rther augmentation of St~d:/ ::0. : (stor~hater ~eten:ion Volume & ~ater Budget Analysis; ~af oe ~ecesscrJ pe~di~; review by the Corps, i5j Tte ?e=~i::ee ag:ees that implementation of :te st~d.:.es ^l~~ CO~7.e~ce ni:hi~ 180 days from the date ~f :ti~ per~.:.: a~~ pre:i~i~arl data :c:::piled within three (3) years fro~ t~e date of t~.:.s per~:t. The ?er~ittee will provide a draft repc:: of :he studies :c :he Ccrps fcr review and apprcval within 30 days of tr.e complet~c~ 0: :he st~dies. lei Tc t~e e%:~~: sugges:ec oy the data, the Per~i::ce ag=e9~ :0 de,~lcp a pla~ :0 reduce ueland ~ater discharges into t~e Sys:e~. This plar. or pla~3 are referred to as "Upland Water Disc~arge ?ed~~:ic~ ?la~s" (UnDR?) and m~st be submitted for apprc/a: Cj the DE? a~d :r.e :crps wit~in 120 days fol1cnin1 ~c:::p:e:icn ~: :~e st::.:c.:..es. (7) Once the UW~R? i~ approved by the DE? and the Corps, th~ ?ernittee sha:! i~p:emer.t the UWDRP in accordance with ~:s :~=~S, b~t in ~c ever.t :a:er tha:'l five (5) years following per:::~: issuance u~less a ~cdification to that time frame is aq:ee~ :c oy the Corps. (6) The ?er:::.:.c:ee agrees :0 sub~it the monitoring repcrt for UWD~? and ar.y :'lCCed modifications or corrective actions needed as required by the U~CR? and/or the Corps. Furthermore, the ?.;::~ittee ag~ees :hat all activities desc:-ibed here ar.d .Oi Sec:io~ t;.~..:; :;f :~e CB?J~? '''ill be cc:r.p':eted ',;i:h.:~ :e:; i::.; years frc~ :::e da:e c: :h:s pe~~it. I " -~---------.....--... PE?lG:' Nm-:BER: 99602789 (IP-CC) PE~1!TTEE: CoIl er Cbunty, Pelican Bay Ser~ices Divisic:'l ?;.GE 5 16818 (91 The ?er::!i ~ ~ee agrees to provide cornpe:'lsatory mitigation for t::e 0.31 acre 0: proposed seagrass impact if re-establishrnent of t~cse seagrasses lost as a result of the C3ro~P irnple~entation ha3 :iC: occurred in five years from the date of the permit. Th j s :n:t:.gation '../il1 be accessed and in accordance ~/ith the Habi" 't Eq"..l:' valency Jo.nalysis as prcposed by the Na ticnal Oceanic ,!r.. Ati7.cspheric Ad.-ninistra tion Damage Assessment and Restor.; t... ::;-. prcgrarr. (HEA.doc Nov95) . (iO) The ?er:nittee agrees to the following ccncltlcns for any works associated ~ith renour:shment of the ~each area: a. All works will ccc~r outsid~ of the sea tur:le nes:~~q sea5cn. C. T~e standard ~anatee ccnstruction conditions shall be included in any contract issued for the ~ork. These conditions are attached to, and made a part of, this per~it as Attac1-:.:e:'lt "D". c. All Deac~ impact areas will be tilled tc a de~th of 36 i:iches after the placemenc of spoil material. d. Native vegetation will not be disturced ~J of fill. ~;...(.) ~..- p.i.ace!!i(;r.t Further Information: 1. Congressional Authorities: You have been authorized tc underta~e the activity described above pursuant to: (Xi Section 10 of the Rivers and Harbcr5 Ac~ 0: 1899 (J~ U.S.C. 403). (Xl Section 404 of the Clean Water Act (33 V.S.C. 13~4). ( ) Secticn :03 of the Marine Protec:ion, Research a~d sanc:~aries Act of 19;2 (33 U.S.C. 1413). 4. ~i~i:s 0: this a~:horization. a. ~his per:nit does not obviate the need :0 Obta~:'l other Federal, sta:e, cr lccal authcrizations required by law. }681 8 PEro~IT Nm~BER: 199602789(IP-CC) PE~~ITTEE: Collier County, Pelican Bay Ser~:ces Divisiar. PJl.,GE 6 o. This per~i~ does not grant any p~opp.::l rights or exclusi~e privileges. . . . . toe ~n' e prope_":~,' c. Tr.is perm:: aces not aUtncrlze any i~ju:y ~ _ _ __ cr :ig~~s of c:~ers. d. Th:s per~i: dces net authorize incer:erence i/i:~ any existing or prcposed Federal projects. J. Limits~: Fede:-al Liability. In issuing :his permit, the Federal Gover:'lment does not assume any liabili:y for the follo-.';i:'lg: a. Da~ages to t~e permitted project or ~ses thereof as a res~lt cf other permitted or unpermitted ac:ivities a: frc~ natural causes. b. Da~ages to the permitted project or ~ses thereof as a result c: current or future activities ~ndertaken by 0: on behal~ 0: the wnited States in the public interest. c. ~cmagcs to persons, property, or :0 ~:he: perrni~ted or ur.per~i:ted ac::vities or structures ca~sed of the ac~i"itl author.:.zed by this permit. d. Sesign 0:- CO:'lstruc~icn deficiencies as~ccla:ed hi~h :he per::litted "'ory.. e. Da~age claims associated with any f~:~re modification, suspension, or revocation of this permit. 4. Reliar.ce on Applicant's Data: The determi~a~ion of this office that issuance of this permit is not cc~trary to the public interest was made i~ rel!anc.;: on the in~or~a:~on yo~ prcvided. "-... ,....'oY' leBlS. PE?.!1!T NT,,11EER: 199602'189 (IP-CC) ?E~~!T!EE: Collier County, ?elican Bay Services Division PJo,GE 7 5. Reeva:uation of Permit Decision. This office may reevaluate its decis:c~ on this oerrnit at any time the circumstances warrant. Circumstance; that could require a reevaluation i~clude, b~t are ~et limited to, the followinq: a. You fail to comply with the terms and conditions of :his permit. b. The informaticn provided by you in support of jeur permi: application proves to have been false, incomplete, or inaccurate (see 4 above). c. Significant new information surfaces wn~cn this office d~c ~ot consider in reachinq the original public interest dec:sion. Such a reevaluatio~ maj result in a determination that it is appropriate to use the suspension, modification, and revccation procedures contained in 33 eFR 325.7 or enforcement procedures such as those contained in 33 CFR 326.4 and 326.5. The referenced enforcement procedures provide for the issuance of an a~~ini5trative order requirinq you comply with the terms and conditions of your permit and for the initiation of legal ac:ion where appropriate. You will be required to pay for any correc:ive measures ordered by this of~ice, and if you fail to comply with such directive, this office may in certain situations (such as those specified in 33 CFR 209.170) accomplish the corrective measures by con~ract or otherwise and bill you for the cost. ~- 6. Extensic~s. General condition 1 establishes a time limit :or the completion of the activity authorized by this permit. Unless thera are circumstancas reqUiring either a prumpt completion of the author:zed activity or a reevaluation of :he public interest decision, the Corps ~ill normally give favorable con5iderat:o~ to a request fer an extension of this time limit. j ~- ~ ~ I,; . ~. j"' I r ~ t. f . J ~ ;~ PERIHT NU1.mER: 199602789 (IP-CC) PER1~ITTEE: Collier Count" Pelican Bay 5er~ices Division PJ:..GE 8 lbB181. Your signature below, as ?er~ittee, indicates that you ac=ep: ar.a agree to comply with :he terms and conditio~s of this permit. ....-\ 1 . _ I' ... I .'- . . (PERl.~ I TrEE) . ,I , ..' (DATE) Jarr.I3UJa.rd.---Dep~rtment Director. Pelican Bay Services Division (PLEl\SE TYPE OR ?1UN7 N....!-lE Jo.ND TITLE) This permit becomes effec~ive when the federal official, designated to act fer the Secretary of the Army, has signed below. (DISTRICT ENGINEER) JOE R. HILLER Colenel, U.S. Ar~y (DATE) THIS PERl.aT CONTAINS _4_ F.T7AC;n.iENTS, TOTALING 146 PAGES I. I t. ,. ~ ~ . t , ~ r .' t: t' f ~., (' I, " ~ ~,','." It: ~~::,; ; '>f~r. .f,::.~: ;t.;,i,,(.-ti~_:' :~:-, .; .,,.. ", ,- . 1 bB 1 B , .~. -. '" t,"-_,:- ';", r~" V' t l 1..0:- t, f. [. . r" Attachments to Department:-: of the Army Permit Number 1996027,89(IP-CC) k f~ 1.::' A. CLN~ BAY RESTORATION l{ANAGu~ENT PLAN'(CBro4P): The C3Rl4P co~sist of 95 paqes , , tH , B. PERlHT DPJ.S'lINGS: '35 pages, dated April 6, 1998 I I l f, , t f' t I, , C. WATER QUALITY CERTIF!CATION: Florida Department of E:'lvironrne~tal ?rotec:ion Specific Conditions (DE?) in accordance ;:~th General Condition number 5 on paqe 3 of this DA permit. The JE? .~ec.:.fic conditions consist of 14 paqes. ~anatee Conditions: 2 paqes i ~ I' f l 16B1 8~ CLAM BAY ATTACHMENT RESTORATION PLAN A: HANAGEHENT CLAM BAY RESTORATION AND MANAGEMENT PLAN Submitted to the U.S. Army Corps of Engineers and Florida Department of Environmental Protection April 9, 1997 Revised November 24, 1997 Revised December 11, 1997 Project Managers: Ted R. Brown, Akerman, Senterfitt & Eidson, P.A. Hilburn Hillestad, Ph.D. Consultants: Steve Means, Wilson, Miller. Barton & Peek, Inc. Dorothea Zysko, Wilson, Miller, Barton & Peek, Inc. David Tackney, Tackney & Associates, Inc. Robin Lewis, Lewis Environmental Services, Inc. Sam Snedaker, Ph.D., University of Miami Mac Hatcher, Collier County Department of Natural Resource Protection Bill Lorenze, Collier County Department of Natural Resource Protection OR03gTg0.1?FPI TABLE OF CONTENTS 1.0 2.0 3.0 INTRODUCTION 1.1 1.2 1.3 1.4 1.5 Background ............................................... 1 Purpose .................................................. 4 Goals ........ 5 Approach ..... ]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]] 6 Management Plan Organization ............................... 7 ROLE OF PELICAN BAY SERVICES DISTRICT 2.1 2.2 Existing Regulatory Framework and Management Authority ...................................... 9 Role of Manager .......................................... 10 MANAGEMENT OPTIONS 3.1 3.2 Education and Public Awareness ............................. 13 Environmental Management ................................. 14 3.2.1 Characteristics of Clam Bay .......................... 14 3.2.1.1 3.2.1.2. Geography ............................. 14 (a) Mangrove Mortality ................... 19 Hydrology .............................. 20 (a) Estuarine Component ................. 21 (b) . Freshwater Component ............... 25 3.2.2 Proposed Characteristics of Clam Bay .................. 28 3.2.2.1 3.2.2.2 3.2.2.3 3.2.2.4 3.2.2.5 3.2.2.6 Clam Pass .............................. 28 Interior Tidal Creeks ...................... 31 Vanderbilt Lagoon Reconnection ............ 32 Seagate Culverts ........................ 33 Stormwater Management .................. 34 Upland Irrigation Water Management ......... 35 0RC26293 ;1/FP1 i 4.0 3.3 Recreation 3,3.1 3.3.2 Current Recreational Component ...................... 36 Proposed Recreational Component .................... 37 IMPLEMENTATION 4.1 4.2 4.3 Approach 4O Management Plan Evaluation, Pianni.ng and Funding ............. 41 4.3.1 Evaluation and Review .............................. 41 4.4 4.5 Implementation Schedule Management Components 4.5.1 Seagate Culverts .................................. 45 4.5.1.1 4.5.1.2 4.5.1.3 4.5.1.4 4.5.1.5 4.5.1.6 4.5.1.7 4.5.1.8 Existing Conditions ....................... 45 Proposed Conditions ...................... 46 Timing ................................. 47 Design ................................. 48 Construction ............................ 48 Post Construction Management ............. 49 Pre Construction Monitoring ................ 49 Post Construction Monitoring ............... 50 4.5.2 Clam Pass 4.5.2.1 4.5.2.2 4.5.2.3 4.5.2.4 4.5.2.5 Existing Conditions ....................... 51 Remedial Alternatives ..................... 59 Design ................................. 61 Construction ............................ 65 Mofiitoring ......' ........................ 66 4.5.3 Interior Tidal Creeks ................................ 68 4.5.3.1 4.5.3.2 4.5.3.3 4.5.3.4 4.5.3.5 4.5.3.6 4.5.3.7 Existing Conditions ....................... 68 Proposed Conditions ...................... 69 Timing ................................. 70 Design ................................. 72 Construction ............................ 72 Post Construction Management ............. 73 Post Construction Monitoring ............... 73 5.0 FIGURES 4.5.4 4.5.5 4.5.6 4.5.7 Stormwater/Freshwater Management .................. 74 4.5.4.1 4.5.4.2 Existing Conditions ....................... 74 Proposed Conditions ...................... 76 (a) Study Number 1 .................. 78 (b) Study Number 2 ................... 78 (c) Study Number 3 ................... 81 (d) Study Number 4 ................... 81 (e) Study Number 5 ................... 82 (f) Study..Nu..m.b.e.r_6:...:, .., .............. 82 4.5.4.3 Conclusion ............................. 83 Ecosystem Enhancements 4.5.5.1 4.5.5.2 4.5.5.3 4.5.5.4 4.5.5.5 Integration and Modification of Exisiting Permits Monitoring Criteria ........................ 84 Withdrawal of Permit Application for Clam Bay Overflow Structure Evolution of Clam Pass Tidal-Channel Network 87 Dead Mangrove Removal and Landscape Restoration Cattails Monitoring ....................................... 91 4.5.6.1 4.5.6.2 4.5.6.3 4.5.6.4 4.5.6.5 Salinity Monitoring ........................ 91 Biological Monitoring ...................... 93 Sediment/Water Quality Monitoring .......... 94 Hydrologic Monitoring ..................... 95 Seagate Culverts Flow Monitoring ........... 95 Contingency Planning · · · ............................. 96 4.5.7.1 4.5.7.2 4.5.7.3 Clam Pass/Main Channel .................. 96 Interior Tidal Creeks ...................... 97 Seagate Culverts ........................ 98 iii INTRODUCTION 1 bB 1 1.1 Background Clam Bay is located on the west coast of Florida in Collier County. (Figure 1. l(a)) Over the years it has remained relatively undisturbed but in recent years, partly as a result of urbanization of the region and land development and partly as a result of implementing water control practices on adjoining lands, modifications to Clam Bay and its associated ecosystem have been observed. These changes are noticeable in how they affect historic freshwater flow patterns as well as salinity and sedimentation regimes. Although changes occurred, Clam Bay continued to be a relatively pristine estuarine environment, and the natural qualities of the system have, in the main, been preserved. By limiting development in the uplands lying east of the estuary and designating the estuary itself as a county preservation area the prospects for its continued success would appear promising. Up' until approximately 1992, Clam Bay was functioning without noticeable threat to the viability of the mangroves and the interrelated ecosystem. However, in 1992 an area of dead black mangroves was discovered west of Upper Clam Bay. (See Figure 1.1(b)) Subsequent investigation of the mortality did not reveal the cause and red and white mangroves were seemingly unaffected by the die-off. First reports limited the geographic extent of the die-off to no more than 7 acres. In 1995 significantly larger areas of'mangroves were dying and as of April 1996 the acreage of dead mangroves within the Clam Bay system was approximately 50 acres. (Turrell, 1996; Collier County Report, 1996). More recent investigation suggests that the system has remained relatively stable, but still under considerable stress. Although there is some indication of regeneration in the areas of prior die off (Figure 1.1 (c)) other areas exhibit sig_ns of increasing stress. (See Figure 1 .l(d)). In response to this die-off a number of interrelated initiatives were undertaken by both the public and private sectors in an attempt to: (1) determine the cause of the die-off and, (2) slow the die-off and initiate limiied' restoration. Those efforts all produced meaningful data that has and will contribute to the understanding of the system that we have today. As a result a variety of related permit applications were prepared by WCI Communities, L.P., The Pelican Bay Services Division and Collier County. The applications proposed to alter the operational characteristics of the.Clam Bay system, primarily by altering the temporal extent and quantity of water within the Clam Bay system. First, Collier County processed a permit to dredge limited areas of Clam Pass to facilitate the movement of tidal water in and out of Clam Bay. The USACOE permit for this activity was issued on April 2, 1996 with the companion FDEP Permit being issued on March 28, 1996. The latter was modified April 10, 1996 with the authorized work being undertaken and completed on April 17, 1996. The practical effect of implementing this Permit was to reopen the Pass, but it now seems clear that without a more comprehensive strategy, this effort, standing alone, will not revitalize the Clam Bay ecosystem. Second, a permit to improve channel flow within defined areas of the Clam Bay system by a combination of blasting and hand excavation was issued on June 26, 1996. The work was undertaken and completed in two segments. The first channels were opened in August, 1996 and the second chanhels were opened in November, 1996. The results of these two initiatives are positive in that measurable improvements in tidal flow are discernible and with that has come improved conditions for natural revegetation. Third, a permit was issued on January 5, 1997 to construct a portable pump and pipe system as an in_terim measure to divert freshwater within the Clam Bay system to the Gulf while a more permanent solution contemplated by the construction of an out'fall structure was reviewed. This plan envisioned two pumps that would be operational when the water surface elevation within Clam Bay exceeded a specified threshold. The ORO426~O:1/FPl 2 15B1 plan anticipated the direct discharge of excess water into the Gulf with the expectation that this system would augment the natural discharge through the tidal mechanism after severe storm events. Fourth, is an effort to provide a mechanism for discharging excess stormwater directly to the Gulf by construction of an overflow or out'fall structure on a permanent basis. When complete, the system as proposed,'would allow.water, within the Clam Bay to be maintained at predictable levels and like the portable pump and pipe system described above, provide for additional discharge capacity. The disposition of this application is discussed in Section 4.5.5.2 below. Lastly, Collier County has authorized the pursuit of a ten year permit to allow the County, or its designee, to maintain Clam Pass in an open condition. The application, as filed, does not address any other issues affecting the operational characteristics of Clam Bay and essentially mirrors the Permit described in paragraph "First" above. It is anticipated that a modified version of the permit as applied for will have been issued and implemented prior to final agency review and approval of this Management Plan. The permit to be issued pursuant to the pending application is anticipated to be for a period of one year and to allow only modest excavation within a discreet area of Clam Pass. Various other initiatives have from time to time been proposed, reviewed, and discussed by groups and individuals, both publi~: and private, in a continuing effort to manage and preserve the Clam Bay ecosystem. The land use patterns surrounding Clam Bay are primarily residential with complimentary retail, office and hotel development. The restrictions on development and use activities resulting from both the imposition of land use regulation and restrictions have helped preserve the conditions of Clam Bay, but the increased urbanization of portions of the drainage basin that drains into Clam Bay has contributed to physical, chemical, and biological changes to Clam Bay. The Pelican Bay Services Division (PBSD), both as a representative body for the resident base of Pelican Bay and as an operative division of Collier County government, considers Clam Bay an important natural resource, not only for the Pelican Bay community, but also for the State of Florida and Collier County. As a result the PBSD seeks to devise and implement, a Management. Plan .for..the whole of Clam Bay, including Clam Pass. The Management Plan is intended to assure control over public recreational uses, improve the ecological productivity of the bays, and preserve and enhance the natural resources and multiple, beneficial uses of Clam Bay. To do so the Management Plan addresses the Pelican Bay development and the Clam Bay ecosystem as an integrated whole; recognizing that both systems interact with and contribute to the other. The Management Plan for Clam Bay is contained in this document. The PBSD has developed this Management Plan with a goal of implementing a series of immediate or short term adjustments to the system as well as creating a guidance document for the long-term management of Clam Bay. It is recognized that as management protocols are implemented, monitoring conducted, and the demands on the natural ecosystem change, new challenges and opportunities will develop beyond those presented in this plan. The PBSD is aware that changes will occur and has developed a Management Plan that is dynamic and can be modified through time while still meeting the PBSD's goals. The schedule discussed below provides for a yearly review of the management protocols, selecting management protocols for future implementation and modifying protocols to address changing needs. The management protocols to be implemented are based on a priority of importance resulting from a decision matrix generated by a review of the environmental history of Clam Bay as reflected in various data sets, reports, studies and interviews, the majority of which are summarized in a repo~ dated September 19, ~@9~ entitled "Clam Bay Ecosystem ~ana§ementi An Oppo~unity" (the "Report"). The Report has been used to select those management protocols that meet the goals established by the PBSD and related and interested stake holders. The long-term goal of the Management Plan is that it be used as a tool for evaluating new management options, as well.as.existing protocols-as .circumstances require. It should be used minimally, on an annual basis, for reviewing any new issues or options, as well as for evaluating existing operational protocols. These analysis will assist in the prioritization for implementation in the next ensuing year. As new management issues develop and others are resolved or implemented, the Management Plan can be updated to reflect the current and future needs of Clam Bay. This Management Plan has focused on a defined set of protocols and goals as described below. 1.3 Goals The goals established by the PBSD for the Clam Bay Management Plan are: · restore the hydrology and efficient tidal flushing to Clam Pass and the interior tidal creeks; · restore the habitat values of the Clam Bay ecosystem and diversify the same; · satisfy the'stormwater'discharge, including irrigation and water quality requirements necessary for the continued development of Pelican Bay, exploring how those might be adjusted to accommodate the needs of the Clam Bay ecosystem; · consider the development and implementation of a best management pra. ctices program to assist in modulating irrigation requirements for the developed areas of Pelican Bay; · develop a contingency plan for the continued maintenance of Clam Pass and the interior tidal creeks; CR042680:i/F?l maintain the .storm surge attenuation values of the mangrove forest; continue limited human intrusion into mangrove forest and under controlled circumstances; develop operational protocols that allow the permit holder the flexibility to respond to changing circumstances under defined parameters; and accelerate the revegetation of the barren area by planting those species most appropriate to the specific site conditions. .. The balance of this report discusses the immediate needs of Clam Bay, the suggested maintenance and rehabilitation requirements of Clam Bay after initial retrofitting, and seeks to provide the guidance and protocols to accomplish the objectives of the plan. 1.4 Approach The approach used to develop the management plan utilized a multi disciplinary team. The PBSD selected the team ' approach because of the complexity of the Clam Bay system. For example, the presence of loggerhead sea turtles (Caretta care~Ia), a threatened species, the concern for freshwater inputs, the maintenance of adequate tidal flushing, and recreational uses are but a few of the issues that make management of Clam Bay a dynamic issue. The multi disciplinary team was headed by Ted R. Brown and Hilburn Hillestad as project managers. The consultant team consisted of: · Steve Means and Dorot'hea Zysko of Wilson, Miller, Barton & Peek, Inc., environmental and civil engineers; · David Tackney of Tackney & Associates, Inc.,hydrological and coastal engineers; · Robin Lewis of Lewis Environmental Services, Inc., environmental co0sultant; · Sam Snedaker, Ph.D. of University of Miami, environmental consultant; and 6gl Mac Hatcher and Bill Lorenz of Collier County Department of Natural Resource l~rotection. The approach used by the PBSD to develop the management plan included several supporting tasks. First, a technical assessment was conducted that included a bibliographic search of available information relating to Clam Bay. This included a review of environmental, engineering.data, and .computer modeling of various operational characteristics of the Clam Bay ecosystem. This technical information was gathered to provide a better understanding of Clam Bay and the required up-to-date and relevant facts needed to develop a workable and successful management plan. This information was compiled to evaluate management options in relationship to their potential for meeting the goals of the Management Plan. A variety of management options were considered and not all are reviewed here. The management options were evaluated with one overriding objective Jn mind; restoring the ecological productivity of Clam Bay and in particular, the productivity of the mangroves within the Clam Bay ecosystem. Based on local public input, directives from Federal, State and local government, technical studies and fiscal considerations a total of five (5) management protocols were selected for implementation. They are set forth Jn Section 4.0 of this Management Plan. 1.5 Management Plan Organization The Management Plan is organized and discussed under the following major topics: · Role of the PBSD; · Ed_ucation and Public Awareness; Environmental Management; and · Management Plan Implementation. CRO42680;1/FP1 7 In the section entitled the Role of the PBSD, the report discusses a framework for the PBSD to become not only a clearinghouse and coordinator for activities relating to the Clam Bay, but also the primary manager of the implementation protocols. The Education and Public Awareness section discusses the management options for enlisting public support and educating the public relative to the importance of Clam Bay as an ecological resource. The Environmental section discusses associated and selected environmental attributes of Clam..Bay-and .how.they point to various management options leading to implementation. The Management Plan Implementation section discusses guidelines for implementing the Management Plan, a proposed schedule for implementing the Management Plan and potential lundin§ sources for the implementation of the Management Plan. ORO426~O;1/FPi 8 2.0 ROL'E OF PELICAN BAY SERVICES DISTRICT 2.1 Existing Regulatory Framework and Management Authority Numerous federal, state, county, local government agencies and concerned citizens are involved in some aspect of management,.regulatory control or other activities relating to Clam Bay. For the long-term management of Clam Bay to be successful, coordination among these disparate groups and agencies is critical. The PBSD's position as a unifying force and manager is a logical outgrowth of its initiation of this process. The PBSD is a dependent special district known as the Pelican Pay Municipal Services Taxing and Benefit Unit. As such, it was formed pursuant to Chapter 125, Florida Statutes, and was activated under enabling legislation passed by the Collier County Commission in Ordinance No. 90-111 and 91-22. It was creaied to, among other things, provide for the "maintenance of conservation or preserve areas" within Pelican Bay. This charge is consistent with the proposed management prerogatives contemplated under this Management Plan. As a dependent special district, the PBSD is an arm of local county government and as such does not enjoy the unfettered right to make decisions concerning the implementation of the Management Plan independent of the wishes of the Collier County Commission. The district's budget, and therefore its capacity to control its work and project undertakings, is controlled by the Collier County Commission. In practical application, this has not proved problematic, as the Commission has routinely approved the suggested undertakings of the PBSD and the Commission has authorized this application and the Management Plan. The PBSD implements County policy within the confined geography of the Pelican Bay community and the defined responsibilities of the PBSD. The PBSD sets its own agenda and routinely submits the same to the County Commission for approval. The actual workings of the relationship suggest therefore, CRC426~O:l/F91 ~ III 16B18 that the PBSD has experienced a significant degree of practical autonomy and that is expected to continue here'. The result is that the PBSD will be the official manager of the Management Plan with delegated management prerogatives to be implemented consistent with Ordinance No. 90-111 and 91-22 of Collier County. 2.2 Role of the Manager As the official manager of the Management Plan, the PBSD will direct and have responsibility for its implementation and operation over time. As such, the PBSD will plan and implement identified management protocols. The objectives of these management protocols will be to protect, enhance, and maintain the natural resources and the ecological value of Clam Bay. The PBSD has several attributes which already make it a unifying and guiding force in the management of Clam Bay. These attributes include: · Located within the Clam Bay drainage basin; · Advisory board appointed by the County Commission from residential, business and landowner communities within Pelican Bay; · Fiscal support from local benefit assessments; · Accessible by the public - local governing board monthly public meetings; and · a demonstrated commitment to the resource and its preservation and enhancement. These attributes give PBSD the knowledge and expertise in matters of local concern and, in particula.r, being made aware of problems, opportunities and interests of local residents, particularly as they relate to the Clam Bay ecosystem. Its relationship by operation of law to the County Commission give it an additional level of access to expertise and oversight, necessary to assure that contemplated here, is fully implemented in the field. the Management Plan, as As part of its responsibilities, the PBSD will assemble and dispense various technical reports and assessments as required under the Plan, as well as, provide for coordination among various public and private groups interested in Clam Bay. There are a variety of permits required by a various natural resource and environmental regulatory agencies in the ongoing administration of Clam Bay. For the PBSD to have meaningful impact on the management of Clam Bay, it must have full knowledge of all regulated activities and the agencies which administer them. This, together with knowledge and information about activities that may result in potential negative environmental consequences and the probable reaction of the various regulatory agencies having jurisdiction over the resource, is invaluable to the ongoing administration of the Management Plan. The PBSD is organized for and designed to maintain both its knowledge of the Clam Bay resource and to generate enhanced public support for the same. The PBSD has identified and recognizes the following needs: the need for broadening the base of public support and involvement; the need to develop focused scientific and political expertise; the need to develop accountability, both short term and long term; the need to insure pres'ervation and enhancement of the data base; the need to develop enhanced citizen participation; the need to have a structure around which government agencies can interface with the plan managers and vice versa the need to minimize, and eliminate, duplication of effort. The PBSD will insure that the general public resident in Pelican Bay, PBSD consultants when appropriate, and representatives from government agencies with jurisdiction over Clam Bay each have ongoing involvement in the appropriate. administration of the Plan as To that end, the PBSD will design a mechanism for bringing the selected agencies together to review and discuss their respective positions with the PBSD. These discussions will focus on both the ongoing implementation of the Management Plan and concerns for future modifications to.the same...Additionally, the PBSD will allow input from consultants and the resident base, as well as, the general public. The mechanics for incorporatin§ these protocols into the operational characteristics of the PBSD will be developed following approval of the Management Plan. 3.1 .3.0 MANAGEMENT OPTIONS Education and Public Awareness 16B18 One of the most important management protocols is to increase education and public awareness of the issues affecting Clam Bay, For the Clam Bay Management Plan to be successful, and the PBSD to fulfill Rs. role.as a. coordinator and manager, public involvement will be a necessity. The PBSD already has several ongoing projects that encourage public involvement. Primary among these is their monthly meeting. The PBSD needs to educate the public and enlist their support for the Management Plan to be a success. An important aspect of enlisting public support is to inform and educate them to what the PBSD has done in regards to furthering the understanding of the Clam Bay and the PBSD's 'goals and objectives for managing and preserving Clam Bay. The PBSD will develop an enhanced "Constituent Relations Program" for information dissemination. This program will be managed by PBSD staff and focus on presentations for group meetings both inside and outside the Pelican Bay community. The program could also-be used as'a tool to raise donations and to find and educate potential funding agencies. It will be updated as needed to reflect the accomplishments of the PBSD, the Management Plan and future objectives. Because the implementation of this option is beyond the present manpower capabilities of the PBSD staff, it will of necessity, require substantial assistance from the base, civic groups and city, county and state governments. ! 16B18 The goal is to make sure at the be§inning of the implementation of the Management Plan, that expectations'are managed and that as implementation proceeds, the accomplishments of the Management Plan can be recorded and disseminated to ensure that first; the constituency served by the Management Plan is fully informed; second, the government is abreast of all development affecting the resource and the Management Plans impact upon it and third, an ever larger base of informed citizens is able to make rational decisions for future adjustments to the Management Plan. 3.2 Environmental Management One of several reasons for promoting a Management Plan for Clam Bay was to identify enhancement, restoration, habitat protection and monitoring requirements for the Clam Bay. The elaboration of these requirements is important to the Management Plan for a variety of reasons. First, the enhancement of existing habitat and the restoration of damaged or lost habitats will necessarily improve the productivity and environmental quality of Clam Bay. This direcily addresses one of the management goals, to enhance the productivity of the marine estuary. Second, monitoring of the identified important parameters will provide the information needed to determine the effectiveness of the implemented management protocols, identify long-term changes, and identify future management needs. 3.2.1 Characteristics of Clam Bay 3.2.1.1 Geography Typically, wherever coastlines are protected from the direct action of waves, the area between tides (in_tertidal zone) supports salt tolerant wetland vegetation. At Clam Bay the intertidal community is the mangrove forest. The mangrove forest at Clam Bay is structured and behaves as expected for a normal mangrove forests of the type found in the coastal regions of South Florida. (Lugo 1976). 14 1 SB_l_ 8 Clam Pass is part of the Clam Bay system which consists of three primary bays; Cuter Clam Bay, Inner Clam Bay and Upper Clam Bay. (See Figure No. $.2.2.1(a)). The three bays are connected by a series of tidal creeks and all receive runoff from adjacent upland and wetland areas. (Turrel11995; Tackney 1996). Outer Clam Bay, the largest of the three bays, connects to an interior channel that connects to the Gulf of Mexico by way of Clam Pass. Tidal range is restricted throughout the Clam Bay system. (Turrell 1995; Collier County Report 1996; Tackney I996). Clam Pass is a small, marginally stable inlet that has migrated north and south along the shore over the years. The Pass remains the primary source of tidal exchange for the Clam Bay system, but it is restricted by sediment deposits just inside the pass and in the long meandering tidal creeks surrounded by mangrove forests. The smaller embayments located primarily to the north of the pass are not subject to normal tidal exchange except during exceptionally high tides. (q'ackney 1996; Turrel11995). The system is bounded on the north by Vanderbilt Beach Road, to the south by Seagate Drive, to the east by the Pelican Bay Development and to the west by the Gulf of Mexico. The development of Pelican Bay had a limited impact on the wetlands themselves (approximately 78 acres located in the northwestern corner of the property) leaving the mangrove forest intact and preserved around the bay. (Tackney 1996; Wilson, Miller et.al. 1996). The development landward of the mangroves required a stormwater management system which was designed to and does spread runoff along the eastern edge of the Clam Bay estuary. (Collier County Report 1996). At the extreme northwest end of the system and continuously along the eastern edge of Clam Bay, runoff into the bay occurs. (See Figures No. 3.2.2.1(b) and (c)) (Collier County Report 1996; Wilson Miller et.al. 1996). A b_erm separates the developed portion of Pelican Bay from the estuary lying to the west of the development, but numerous culverts through the berm discharge water to a swale system along the eastern perimeter of Clam Bay. (Wilson, Miller et.al. 1996). 16B18 Clam Bay, now designated a Natural Resource protection Area by the Board of County Commissioners of Collier county, consists of approximately 540 acres of mangroves and some 30 acres of open water bays /¥ Lodge (1994) in "The Everglades Handbook" discusses the ecological requirements, characteristics, and the contribution of mangroves to coastal ecosystems. He observes that mangroves are tropical trees, adapted to.salt water.and the rigors of living in areas of persistent tidal exchange. Three species of mangroves are found in Clam Bay: the red mangrove (Rhizophora Mangle), the white mangrove (Lagunculafia racemose) and the black mangrove (Avicennia germinans). The red mangrove is adapted to its intertidal habitat by its aerial or "prop" roots. These roots form the support for the tree, reaching out in all directions from the trunk. Red mangroves normally occupy the channel edges and outer locations of mangrove swamps where the tidal influence is most pronounced. The white mangrove typically occurs at higher elevations within Clam Bay ecosystem adjacent to the edges of the black mangrove wetland, and adjacent to the uplands when these area are fairly well drained. The species may occur sporadically elsewhere especially near the fringes of the small intedidal drainage systems. The black mangrove h'as adapted to life on saline, hydric anaerobic soils. A characteristic that distinguishes the black mangrove species is that it has a distinct horizontal root system consisting of long cable roots with small extensions called pneumatophores rising above the sediment and anchoring roots extending deep into the sediment. Pneumatophores function to allow the tree to exchange gases and by doing so allow the tre.e to survive in the interreaches of the intertidal zone where the tidal action is very sluggish and where shallow flooding may be prolonged. This root characteristic also makes the black mangrove susceptible to stress when the mean water table elevation rises above the horizontally-flattened base of the tree trunk and i the cable roots. Those species with a vedical root architecture, like the red and white mangrove, are not similarly affected. (Snedaker pets. corem, 1996). In general, mangroves maintain a high portion of their total living biomass below ground. Whereas, the root system in most other trees represents 20-30 percent of the living biomass, in mangroves it is between 40-60 percent. This suggests that any stress on the root system of mangroves has a .significant effect.on the.health of the trees. (Snedaker pers. comm. 1996). There are three processes of the black mangrove forest which are applicable to the Clam Bay ecosystem. These three processes are briefly reviewed here. Salt balance: Salt is available to the black mangrove forest from a variety of sources, but the normal tidal exchange is the most important. Black mangrove can tolerate a marginally higher sediment salinity than the other mangrove species but can be affected adversely by an excess accumulation of salt. In a natural setting, a potentially toxic accumulation of salt is prevented by dilution and leaching by rainfall and washout on outgoing tides. Accordingly, the transport of dissolved and diluted salt back to the Gulf is critical to the health of the black mangrove. Organic matter budget: Like the salt balance, the organic matter budget is intimately related to the flushing component of the tidal cycle. It is generally recognized that even in the best of circumstances only 60-86% of the decomposing matter generated by the black mangrove forest is consumed on site. Accordingly, the balance is exported. This export is in the form of highly fragmented or dissolved organic matter fractions and as such is dependent upon tidal flushing. Water budget: Water enters the Clam Bay system through rainfall, freshwater run-off and through the influx of seawater. It leaves via evaporation from water surfaces, transpiration from leaves and run-off to the Gulf. Since evapotranspiration rates within !6B18 the black mangrove forests are relatively Iow it follows that the black mangrove forest must freely drain or else water logging occurs that quickly leads to stress and moAality. Rainfall in South Florida contributes about 53 plus inches of water per year and most of that occurs in the wet season. Additional freshwater inputs to this system occur from groundwater flow and from irrigation in the developed portions of Pelican Bay. The latter amounts to.about 26 to 28.inches of ~'ainfall equivalent every year. When this amount is added to normal rainfall, the export capacity of the system to the Gulf becomes critical, especially when considered in the context of the need to transport the organic matter and salt described above. The combination of these mangrove species and other intertidal vegetation makes mangrove forests extremely productive natural resources, but their productivity depends on the right combination of tidal "flushing" (movement of water and suspended material in and out of the estuarine wetland) and freshwater run-off to maintain their ability to function. The freshwater input dilutes the high salinity of marine waters, thereby reducing the effort needed by the mangrove to exclude or excrete salt. This allows more of the trees' energy to be directed to normal growth and maintenance. Tidal flushing also allows nutrients to be distributed within the forest and provides for the transportation of dead leaves, twigs, etc. As these materials decay, they become food for marine life. It is this mangrove detritus which is consumed by the many organisms at the base of the food chain and which in turn create the next level of the food chain necessary to support the fish populations that characterize the mangrove community. It is the combined interaction of fresh and salt water through tidal flushing that is critical to the ability of the mangrove forest to sustain itself. It follows therefore, that anything that materially d!srupts the maintenance of the flushing component threatens the long term viability of the mangrove forest itself. (a) Mangrove Mortality 16B18 The death of mangroves within Clam Bay was seemingly confined to black mangroves, or in areas categorized as basin forests. The death of trees occurred around hyper saline ponds and is consistent with conditions caused by periods of excessive.inundation.of, freshwater, followed by periods of continuous dry down, particularly where the mechanism for flushing is impaired. (Lugo 1976). During the period immediately preceding the observed die off, and during the period following, Clam Bay received record amounts of rainfall. This rainfall, when coupled with an admittedly impaired circulation system and intermittent pass closure, resulted in water levels that "were high enough for a long enough period of time to suffocate the root systems of black mangroves..." (Hatcher 1995). It should be noted, however, that the death of trees around hyper saline ponds is a process that is now occurring for a variety of reasons elsewhere in Florida and the Caribbean and is not necessarily evidence that the forest is in a state of irretrievable decline. The presence of new seedlings confirms that these conditions may well be able to return. (Lugo 1976; Snedaker pers. comm. 1996). Presently the black mangrove die- off area or dead zone appears to be transitioning into a highmarsh community consisting of saltwort (Bails rnaritirna) and glasswort (Salicomia virginica)(Johnson 1996). Further, there is abundant evidence of the re-emergence of mangroves as well. The die-off area is contributing to a diversification of habitats within the Clam Bay area giving rise to significantly increased use of portions of the site by foraging wading birds. (Johnson 1996). The interim remedial efforts described earlier and in particular the dredging of Clam Pass and the opening of several of the impacted tidal creeks by blasting and hand excavation have had the desired effect of improving the circulation of tidal waters within the system. (See Sections 4.5.2 and 4.5.3 below). (Lewis pers. comm. 1996; Means B18 pers. comm. 1996). Rainfall for 1996 has returned to a more normal part r although somewhat drier, but Clam Pass itself continues to accumulate sand and suggests that future excavation will be required to maintain the pass in an open and fully functioning condition. 3.2.1.2 Hydrology The hydrological regime, sometimes referred to as the surface water or surficial hydrology, is the most critical factor for mangrove maintenance. This is because the surficial hydrology has horizontal and vertical components which serve two key ecological functions although on differing spatial scapes. With respect to the horizontal component, incoming water into a mangrove wetland brings with it nutrients, dissolved oxygen, and marginally lower salt concentrations. Conversely, the outgoing water leaving a mangrove wetland removes metabolic waste products (e.g., carbon dioxide, toxic sulfides) and excess salt. The vertical component refers to incoming oxygenated nutrient-enriched water that percolates down into the sediment and root zone, and the sediment drainage, on falling tide, the removal of metabolic wastes and excess salt. (Snedaker pers. comm. 1997) Il is the inflow and outflow of sea water that is critical to the ability of the mangrove forest to manage these two ecologidal functions and as such dissipate salts, organic matter and freshwater. It follows that anything that affects the system and alters the ability of the system to perform these functions, will, in most instances, cause stress to the system and, at some point in time, result in the death of the system, or portions of it. Tolerances are ,,'Fide and stress is to components of the system and while death is rare, recovery is. slow. (a) Estuarine Component The Clam Bay system was originally part of a larger tidal system connected to the Gulf of Mexico by three tidal inlets; Wiggins Pass, Clam Pass and Doctors Pass. (Turre!l 1996). During the early 1950's this system was isolated from adjacent bays by the construction of Seagate Drive to the south and the construction of Vanderbilt Beach Road to the north. The practical-effect was.to, leave Clam Rass as Clam Bay's only connection to the Gulf. In 1976 culverts were placed under Seagate Drive to provide some exchange from Venetian Bay (a residential sea wall bay system) and improve water quality in the Doctors Pass area. The USEPA in 1975 suggested that the culverts be constructed to only allow flow to the north and to set inverts of the pipes of 1.0 ft. msl to protect the sea grass meadows in Outer Clam Bay. The invert elevation was achieved but water was allowed to flow both ways through the culverts and this rwo way flow persist today. (Tackney 1996: Collier County Report 1996; Wilson, Miller et.al. 1996). Hydrologic studies indicate that the tidal flushing capacity of Clam Bay is limited and almost insignificant in Upper Clam Bay. The preliminary hydrographic assessment of the Clam Bay system prepared by Tackney & Associates, Inc. (August 1996) demonstrates rather dramatically that there is a significant reduction in tidal range between the middle boardwalk and Inher Clam Bay. Tackney describes the flow in that area as "measurably reduced" and "very inefficient". This connecting tidal creek is the key conduit for tidal input and outflow to the northern reaches of the Clam Bay system and its constriction and the ancillary constriction of tributaries connecting to it, impact the quantity and quality of the flushing that can occur in Inner and Upper Clam Bay. (concurring Lewis pers.comm. 1996; Collier County Report 1996). As noted earlier, it is the daily rise and fall of the tide and the exchange of seawater between Clam Bay and the Gulf that are critical to the ability of the mangrove forest to 16B18 export both organic matter, and excess salt and freshwater as well as receive oxygen rich water and nutrients. (Snedaker pers. comm. 1996). The greater the tidal amplitude (or tidal prism) the greater the benefit to the mangroves - more needed resources are delivered and more wastes are removed. Conversely, in the absence of surface water circulation or tidal activity, mangroves slowly die due to deleterious changes in the sediment: (1) in the absence of ox'ygenated water, the sediment became anaerobic or anoxic, and (2) metabolic.wastes and hydrogen., sulfide . accumulate in the anoxic sediment. The consequence is that the root systems dies and eventually the whole tree. (Snedaker pers. comm. 1997). Note that the tidal exchange mechanism that is critical to the health of the black mangrove forest is, within this ecosystem, seriously constrained. (Turrel11995). Another key aspect of the surficial hydrology is the vertical location of the mean high water level elevation relative to the mangrove sediment elevation. Specifically, the mean surface water elevation, or more importantly, the mean Iow water (tide) elevation, has to be sufficiently lower than the mangrove sediment elevation in order for mangrove sediments to drain during Iow tide. A persistent high surface water elevation stops sediment drainage and, as above, results in sediment ano×ia and the accumulation of toxic waste products. (Snedaker pers. comm. 1997) It should be observed that the black mangrove forest does not require the kind of intense flushing that is more typical of the red mangrove systems in order to maximize its productivity. However, the total absence of meaningful exchange is most certainly a contributor to the significant degradation of the black mangrove system within Clam Bay. (Snedaker pets. comm. 1996; Tackney 1996; Lewis pets. comm. 1996; Johnson 1996). In this context Tackney observes that even in the absence of rainfall, the average water surface elevations for the inner bays are higher than the average surface elevation for the Gulf. Analysis of the tidal data indicates that average water surface elevations in the Inner and Upper Clam Bays are both super-elevated above the average Gulf water surface elevation by approximately 0.2 feet. This indicates that the tidal range in Inner ]6 1 and Upper Clam Bays is muted and that the system is receiving significant additional water through runoff and restricted capacity to drain additional inflow. In fact, during portions of the Tackney study no tidal fluctuation was noted in the Upper Clam Bay and only marginal tidal effects were observed in Inner Clam Bay. The tide in the Naples area is classified as a mixed tide with significant diurnal and semidiumal components, or stated differently, on most days the.system will experience two tides and for a few days each month there will only be one significant tide. (Turrell 1995; Tackney 1996). Tackney's study was intended to identify the hydraulic characteristics of the Clam Bay system and to determine if the bathymetry and geometry of the tidal creeks and bays caused or resulted in excessive periods of high water surface elevations in the Inner and Upper Clam Bays. (Tackney 1996). Tackney's study of measured tide levels within the system indicated that, as expected, tidal amplitudes diminished with increasing distance from Clam Pass, In certain areas, however, the reductions were extreme. In Upper Clam and Inner Clam Bays, for example, the average tidal ranges were less than 0.4 feet while the average Gulf tide was slightly greater than 2 feet. Even in Outer Clam Bay, which is less than 3000 feet from the pass, the tidal range was less than half the Gulf range. The reduced tidal ranges were also accompanied by relatively large phase lags. The phase lag is the average time delay measured in hours and minutes be~',,een the occurrences of slack (high or Iow) water in the Gulf of Mexico and the measurement stations. It is affected by both the distance betv,,een measurement stations and the amount and quality of hydraulic resistance of the connecting channel. The longer the distance and the higher the resistance, the more pronounced one would expect the phas& lag to be.. In the upper bays, high and Iow waters generally occurred over three hours later than the Gulf tides. Yhese conditions indicate that the tidal creeks connecting the interior bays are hydraulically very inefficient. As a result, the upper bays are prone towards extended periods of flooding as a result of freshwater runoff and the inability of the system to drain efficiently. During Tackney's field studies of May, 1996, rainfall of approximately 4 inches in three days was adequate to flood the Upper Clam Bay above high tide levels and sustain this flooded condition for over two days. Accordingly, we conclude that the creeks and bays that serve to connect the Inner-and.Upper- Bays-are significantly less efficient in the ebb tide stage than they are in the flood stage. Studies undertaken by both Lewis Environmental Services, Inc. and Turrell & Associates inc. would support this conclusion. (Turrell 1995; Lewis pers. comm. 1996). The system takes on and retains significantly more water than it is presently able to discharge. (Lorenz and Hatcher pets. comm. 1996; Lewis pers. comm. 1996, W~lson, Miller et. al. 1996; Snedaker, pets. comm. 1996). An additional hydrological impact on Outer Clam Bay is contributed by the Seagate culverts. As noted, three, 24-inch culverts were installed at the Seagate crossing in 1976 to provide some tidal exchange between the Clam Bay area and the Venetian Bay to the south. The culverts were allowed to flow both ways. The currents through the culverts are high, with maximum velocities exceeding 5 feet per second. This Js measurably higher than the currents in the tidal creeks of the Clam Bay system. Tackney notes that sligh[ly less than One quarter of the tidal prism (the exchange water volume in any tidal cycle) of Outer Clam Bay is from Venetian Bay via the Seagate culverts. This is consistent with current observations as the system freely exchanges water from Venetian Bay to Outer Clam Bay. Ground water inflow into the bay system is minimal.(Tackney 1996; Lewis pers. comm. 1996; Martin 1996). ].6B1 B Finally, an additional attribute of the system that is directly related to tidal prism and the quantity of inflow and outllow is the question of inlet stability. Inlet stability refers to a tidal inlet's capacity to adequately scour out deposited sediments and prevent inlet closure. For a given wave environment, inlet stability is governed primarily by the volume of water (tidal prism) carried by the inlet. To remain stable, an inlet must have the characteristic that a temporary constriction in cross sectional area produces an increase in current velocities adequate to scour, out the.constriction. A corollary to Tackney's observations is that the velocity of the water entering the intertidal zone on a rising tide is slower than on the subsequent falling tide. This is because water movement is slowed by surface friction whereas on the outgoing tides the bulk of the water experiences no surface friction. (Snedaker pers. comm. 1996). Note, however, that since the duration of the ebb tide is also increased (Tackney 1996), the drainage velocity of outgoing tide water is decreased. This translates into a longer total period of inundation and a loss of the scouring potential. To function without mechanical intervention, the system must generate sufficient v$1ume 9f water on the ebb tide to scour out the inlet naturally, otherwise the inlet will. over time. continue to close. (emphasis added) This is particularly true during periods of high wave activity and Iow tidal ranges. ('T'urrell 1995; Tackney 1996). The five closures of Clam Pass that have occurred in the past twenty years indicate that stability of Clam Pass is marginal. (Turrell 1995; Tackney 1996) (b) Freshwater Component Under predevelopment conditions, much of the area's rainfall was held on the surface of the land in sloughs and other low areas. This water would either slowly filter through the soil to recharge the shallow aquifer or move through the mangrove community to the bay. Less than ten inches of the approximately 53 inch average rainfall is estimated to have been lost from the uplands east of Clam Bay as surface runoff. The storage capabilities of the land thus moderated surface flows, preventing extremely high flow CRO426~O;1/F~1 2~ ~ates during the rainy ~ea~o, and serving to maintain so,face flow an~ groundwater flow during t~e ~y se~son. (~DKR ~981). In 1977 the Pelican Bay Planned Unit Development was established by Westinghouse Communities, Inc. The development contains a mixture of residential, retail, commercial and recreational facilities and lies east of Clam Bay. As a condition of development, Clam Bay, the area that lies westof the Pelican Bay and.consist of-approximately 530 acres of mixed mangrove forest and wetlands was designated as the Pelican Bay Conservation Area. As such, it was designated for conservation but with limited recreational access. The development of Pelican Bay had limited fill impact to the Clam Bay system, but it did modify the pattern of freshwater entering the Clam Bay system. (Wilson, Miller et.al. 1996). It is these modifications which may need further analysis. The stormwater management system as designed, permitted and implemented at Pelican Bay employs a series of detention ponds, swales and culverts to regulate the discharge of run-off into Clam Bay. Discharge occurs almost continuously along the eastern perimeter of the conservation area. Run-off from the northern end of Pelican Bay is collected and discharged into Upper Clam Bay. Irrigation water for 27 holes of golf and landscaping in Pelican Bay is obtained from the Pelican Bay Waste Water Treatment System, the Pelican Bay'offsite well field and from Collier County's North Naples Wastewater Treatment Facility. (Ward pers. comm. 1996). The relative contributions of each of these systems is approximately 0.68 MGD, 1.02 MGD and 1.43 MGD, respectively. The combined average volume from these three sources is approximately 3.0 MGD which approximates 26 inches per year of additional rainfall equivalent, (Wils. on, Miller et.al., 1996). When added to the average rainfall for South Florida of approximately 53 inches per year, the local area has an effective rainfall of approximately 80 inches plus annually. This is significant, particularly when viewed in the context of predictable storm events that have the potential for altering the amount of average rainfall entering the Clam Bay system. Additionally, the 3 MGD (an average) "rainfall equivalent" is a ~ event for the Clam Bay watershed and is independent of the seasonal wet-dry season. The "Pelican Bay Water Management System - Stormwater Detention Volume and Water Budget Analysis" (Wilson, Miller, Barton & Peek, Inc. April, 1996) describes the water management system .as being divided into six watersheds or drainage systems. Rainfall, including irrigation, reaches the ground and either seeps into the ground or runs off to a stormwater detention area within each system. The stormwater detention plan for Pelican Bay has a standard, permitted design capacity to hold the first inch of stormwater during a 25-year storm event. The stormwater is detained for flood protection and water quality treatment. Stormwater discharge is controlled by a series of weirs designed such that the post-development stormwater run-off rate does not exceed pre-development rates. Stated differently, the system is designed to discharge stormwater in the developed portion of Pelican Bay in the same manner that it discharged stormwater prior to development. The stormwater discharge exits the weir system for a final release into Clam Bay. Stormwater runoff from an additional 130 acres of watersheds, outside Pelican Bay, contributes an additional and significant volume of discharge to Clam Bay. This water represents 7.9% of the total stormwater discharge to Clam Bay. As the area of Pelican Bay to the east has undergone development, it has increased the impervious surface area, with a concomitant increase in surface runoff, which is eventually discharged to Clam Bay. The daily irrigation water volume enhances the saturation of the uplands which reduces their ability to accommodate rainfall volume, thus effectively i0creasing surface and groundwater discharge. Groundwater discharge can be commonly observed throughout the eastern side of Clam Bay and is discemable as a very slight sheet flow. Where this water encounters a discharge system, even one that is not operating at peek efficiency, such as Outer Clam Bay, excess water is effectively removed from the system. However, in the northern section, even the small incremental sheet flow 'is not efficiently removed due to lack of flow through the channels. Thus, it accumulates, increasing soil saturation and raising the mean water table elevation, and apparently overwhelming the black mangrove's anaerobic soil/gas exchange mechanisms. Mangroves in these areas have, therefore, become stressed and/or die. 3.2.2 Proposed Characteristics of Clam Bay In assessing a variety of alternatives to the restoration of Clam Bay, the need is not so much to restore the system to a mangrove forest (although that remains the primary goal) as it is to stabilize and restore the system as a thriving natural resource. We recognize that with each change in naturally induced flushing rates and hydrological regimes the mangroves will adjust by altering zonation patterns, species compositions, rates of grovAh and mortality, etc. (Lugo 1976). We conclude that the Clam Bay ecosystem and the Pelican Bay development are all part of an integrated and impacted system that will best function in natural ways with strategically induced adjustments imposed over time by man. The balance of this report discusses both the immediate needs of the system and the suggested maintenance needs of the system after initial retrofitting. The management plan protocols provide the guidance to accomplish the objectives of the Plan. 3.2.2.1 Clam Pass The single mostjmportant thing that can be done to restore the health of the Clam Bay system is to improve the total tidal flushing capacity of the system. (Tackney 1996; Snedaker pers. comm. 1996; Lewis pers. comm. 1996; McKee 1996; Turrell 1996; Wilson, Miller et.al. 1996). As has been discussed earlier, the tides in the upper 1 6[Jl reaches of Clam Bay are weak and variable. Runoff from rainfall further reduces the interior tidal range and during Tackney's field study, total rainfall of approximately 4 inches in three days was sufficient to flood Upper Clam Bay to such an extent that tidal fluctuation was completely eliminated. In Outer Clam Bay, where the channel leading to Clam Pass is relatively short, the tidal range is only 50% of its potential value...This diminished exchange capacity is a direct result of the constricted nature of the inlet and its adjacent interior channels. During flood tides, sand is carried into the pass by tidal currents and settles out of the water column where the currents drop below the magnitude necessary to maintain the sediment in suspension. At Clam Pass this has resulted in the gradual accumulation of sediment in the channels interior to the inlet. This sedimentation process reduces the hydraulic efficiency of the channels and results in diminished tidal ranges for the interior bays. At present, the channels immediately interior to the pass are so constricted that even when the pass is excavated, the interior tides remain muted. Efforts to maintain the pass in an open condition, therefore, could be dramatically improved by enlarging the dredge area to include not only Clam Pass, but also the critical areas of the adjacent interior channels. This action would not only augment the volume of tidal flow through Clam Pass, but would also reduce the prbbability of inlet closure during adverse weather conditions. Accordingly, the essential goal of the Management Plan is to augment the flow of sea water in and out of Clam Pass. As previously noted, Clam Pass is of marginal stability, however, prospects for improved tidal exchange can be materially enhanced if the pass is both deepened and widened. (Tackney 1996; Humm and Rehm 1972; Turrell 1995). It is the accumulation of sand in the ebb and flood tidal events that reduces inlet hydraulic efficiency and demonstrates why it is necessary to expand the opening to the ORO42680~!/F?i 29 lOB1 8.i Gulf beyond the range of stability indicated on the closure curves discussed in the "Clam Pass Inlet Management Plan" prepared by Turrell and Associates, Inc. (1996), in association with Humiston & Moore Engineers. They conclude in their report that expanding the magnitude of the excavation within Clam pass materially enhances the probability of creating a more hydraulically efficient cross section and therefore a more hydraulically-efficient pass.- ('Turrell 1996; Humiston & Moore pets. comm. 1996). [See Discussion (~ Section 4.5.:2] The single most critical factor inducing the Upper Clam Bay mangrove die off and restricting natural regeneration of mangroves is the relative absence of adequate tidal flushing, or tidal pumping, typically measured in terms of tidal amplitude and its frequency of occurrence. Tidal pumping refers to the hydraulic change in water pressure in a mangrove sediment that is controlled largely by tidal activity. VVhen rising tides force a rise in the water table in the sediment beneath mangroves, gasses (e.g., carbon dioxide, hydrogen sulfide, methane, ammonia) and various fluid wastes (including refactory and labile dissolved organic matter) are expelled from the sediment. Since some of these compounds are toxic, particularly hydrogen sulfide, their frequent (daily to tv,ice daily) removal is critical to the health of the mangroves. Conversely, on falling tides and a drop in the sediment water table, gases (e.g., oxygen) and nutrients present in the over-lying water are drawn into sediment. The frequent renewal of sediment oxygen is particularly important because it is required in normal root respiration which, if stopped, causes mortality. Thus in the absence of tidal pumping, metabolic wastes accumulate in the sediment and it eventually turns toxic and anoxic, meaning no oxygen. It is important to note that this critical process has nothing to do with the salinity, or absence thereof, or with the presence or absence of surface and subsudace water. Because the tidal amplitude is wholly inadequate mainly due to the restricted tidal circulation and tidal pumping within the Clam Bay system, and between the Clam Bay 16 18, system and the Gulf of Mexico, the correction provide by this portion of the Management Plan is critical to the creation of conditions required to foster mangrove grow'th in addition to improving and maintaining water quality within Clam Bay. 3.2.2.2. Interior Tidal Creeks It is important to recognize.the interrelationship between the maintenance of Clam Pass and the maintenance of the interior connecting tidal creeks. The tides in the upper reaches of Clam Bay are weak and variable. In the absence of rainfall, the tidal ranges for the Upper and Inner Clam Bay's are in the order of 15% to 19% of the Gulf tidal range. Run-off from rainfall quickly floods the upper bays and further reduces the interior tidal range. As previously noted, during Tackney's study, total rainfall of ;~a. pproximately four inches in three days was adequate to flood Upper Clam Bay to the . extent that tidal fluctuation was completely eliminated. The reduced tidal ranges in the interior bays are due to the restrictive condition of the interior connecting tidal creeks. CTackney 1996; Lewis pets. comm. 1996; Wilson, Miller et.al. 1996). These restrictions not only super-elevate the average water surface elevation within the bays but also retard drainage. The problem is exacerbated by the addition of pulsed water from the stormwater management system, which by design stores water in its detention/retention areas and then allows it to discharge into the bays. The constricted condition of the interior tidal creeks coupled with the additional water being continuously discharged into the bay can and does ~levate the 'water surface elevation in the upper bays and contributes to extending the periods of flooding beyond tolerance levels that mangroves can accommodate, particularly the black mangrove. (Turrel11995; Tackney 1996: Lewis pets. comm. 1996). The sediment th_at has a tendency to form inside the inlet is in an area protected from wave energy and is relatively significant in size. As such it affects the inlet tidal hydraulics by restricting flow. (Turrell 1995; Humiston & Moore pers. comm. 1996). This reduces the effective tidal prism, and therefore reduces inlet stability. Stated lO 18 t differently, an ancillary impact of a reduced tidal prism is a reduction in the amount of sea water that accesses the upper reaches of the Clam Bay system. As Tackney notes, "It is the enlargement of the tidal prism which is important to increasing the [tidal] flushing capacity of Clam Bay as a whole." If the constrictions responsible for these Iow tidal ranges could be reduced, then the tidal prism can be significantly increased.. This will not only aid in the maintenance of Clam Pass. but will also aid in the maintenance of more appropriate water levels in the interior tidal creeks and ponds of the upper reaches of the system as a whole. (Concurring Lewis pets. comm. 1996; Humiston & Moore pets. comm. 1996). Therefore, the second proposed remedial action of the plan will require that the interior tidal creeks be selectively reopened and in some cases enlarged in order to augment the transfer of water. (Concurring Tackney 1996). Removing the constriction to allow the present inflow of water will also enhance the outflow of water. These adjustments will, therefore, enhance the flood tide ingress and will allow for increased volume to exit on the ebb tide. [See Discussion @ Section 4.5.3] 3.2.2.3 Vanderbilt Lagoon Reconnection A third remedial option that has been suggested and has been reviewed involves the potential for reconnecting the Clam Bay system to the north end of Vanderbilt lagoon. The greater weight of the data suggest that such an undertaking would have a negative effect on the operational characteristics of the Clam Bay system by further reducing the magnitude of the tidal prism; a result that is at odds with the generally accepted notion of enlarging or enhancing the tidal prism of Clam Bay. (Tackney 1996; Turrell 1995; Humiston & Moore pers. comm. 1996). Further, it is recognized that the historical connection at this point was marginal at best, and while passable at times, it was not uniformly and consistently navigable. Further, reference to historical photography suggest that the no,hem extreme of Clam Bay, like the southern extreme of Vanderbilt Lagoon, was located at the apex or node of both tidal systems and as such the flow of water into and out of these upper reaches of the two systems was limited at best. Given this historical background and viewing it in relation to the level of development and the nature of the severing that has taken place, reconnecting the Clam Bay system to Vanderbitt Lagoon in any meaningful sense would be impractical, particularly where it offers no positive.contribution to the restoration of Clam Bay. Accordingly, it is not part of the Management Plan. 3.2.2.4 Seagate Culverts At the southern end of the property, adjustments to the operational characteristics of the Seagate culverts has the potential to augment the tidal prism and in doing so, allow for a more natural maintenance of Clam Pass. At present, the three Seagate culverts at the south end of the Clam Bay system provide between 20% and 25% of the tidal exchange for Outer Clam Bay. Flow in the culverts, however, reverses with the tides and, as a result, the net exchange, when averaged over a complete cycle, is quite small. In addition, southerly flow through the culverts results in a corresponding reduction in flow through Clam Pass to the north. (Tackney 1996). By installation of flap gates or water control structures in the three culverts (originally proposed by the USEPA'in the 1970'~) water would be retained in Outer Clam Pass on the flood tides and would exit through Clam Pass on the ebb tide cycle. Such retrofitting of the existing culverts would both increase the tidal flow volume through the pass during half a tidal cycle and pump water in one direction, between Venetian Bay and Outer Clam Bay. Under present conditions, it is estimated that this one directional discharge through the culverts would be sufficient to displace the volume of water in Outer Clam Bay within approximately 7 to 10 days. (Tackney 1996). By so doing natural scouring and maintenance of the pass would be enhanced. The anticipated result will be less frequent need for mechanical interventbn for pass maintenance. Accordingly, the third attribute of the retrof~ing of the system would require that the culverts at Seagate Road be redesigned and fitted with flap gates or a comparable apparatus to retain ebb fide flows and direct the discharge of these waters through Clam Pass. [See Discussion at Section 4.5.1] 3.2.2.5 Stormwater Management ....................... To evaluate the potential for reducing stormwater runoff into Clam Bay, Wilson, Miller, Barton & Peek (1996) was commissioned by The Pelican Bay Services Division to conduct a study of the capacity to retain additional water within the Pelican Bay stormwater management system. Their study concluded that with modification to the existing system one could add only an additional 27 acre feet of storage capacity within the system. That represents 0.7 percent of the total yearly volume of surface water flow to Clam Bay. As such there appears to be little benefit to enlarging the detention/retention areas given the cost and the physical constraints that presently exist within the Pelican Bay community, but this will be evaluated further and in relation to all other studies being undertaken under the Management Plan. The system, as presently designed, holds for discharge to Clam Bay approximately 3800 acre feet of water. Presently, the incremental benefit to be'derived frorri the minimal expansion capable within the existing land mass does not, as noted, suggest that this a cost effective option, but as suggested, it will continue to be evaluated. See Study No. 1 in Section 4.5.4.2. In this context it is also important to recognize that the development of Pelican Bay has been engineered and permitted through build out to provide water quality treatment and quantity attenua.tion to meet State of Florida water quality and quantity standards. A series of studies is proposed in Section 4.5.4 below to determine the best and most efficient way to get the right amount of water in the right place at the right time. ORO42680;l/FPl ~ 4 3.2.2.6 Upland irrigation,Water Management A related attribute of the freshwater management system of the Clam Bay ecosystem is the quantity and quality of water used within the Pelican Bay community for irrigation purposes. Irrigation water for the developed areas of Pelican Bay, including a 27-hole golf course, is obtained from an effluent re-use system. As previously noted the combined average volume, of.irrigation water, for the community is approximately 3.0 MGD or a rainfall equivalent of 26 to 28 inches per year. We hypothesize that there is high level of soil saturation in the upland areas of the Pelican Bay development and as such the continued application of this additional amount of water may serve to reduce the ability of the upland soils to accommodate abnormal rainfall volumes. This results in increasing surface and groundwater discharge which, when accompanied by extraordinary storm events and excessively wet rainy seasons, as occurred over the last several years, essentially results in a much speedier release of water to the Clam Bay system than would have otherwise been the case. An examination of the stormwater management and effluent disposal system suggest adjustments to the disposal of treated effluent within the developed area oi' Pelican Bay is required to make certain that the amount of treated effluent or water discharged does not exceed the assimilative capacity of Clam Bay. At present the assimilative capacity is not known and gaining an understanding of that going forward will be an important part of the management-undertaking'. Modifying the water consumption pattern of the Pelican Bay community and developing a phased change in the mix and type of vegetation used in the common areas of the developed community should be examined to determine, what, if any, opportunities may exist'to reduce the irrigation needs of the community. In this context consideration of the adoption of Best Management Practices (i.e. rain sensors, irrigation head modifications, watering pattern adjustments, modified planting palettes, etc.) for the installation and maintenance of landscaping and irrigation equipment will produce some benefit to the system. Additionally, improvements to the Clam Bay ecosystem will be achieved by reducing and/or modifying the amount of irrigation water used by the Pelican Bay community. VVhile the pass has closed on a variety of occasions, the system, while stressed, retained its basic health throughout all of those closures until the most recent rain events. This suggests that ~with significantly.improved tidal.flushing, the system does have the capacity to take on larger amounts of water than rainfall alone would normally contribute and to do so on a regular basis as contemplated by the stormwater management system. Improved management of the system will allow for the development of operational directives that balance these two objectives and allow for the adjustment of irrigation disposal when the level of inundation within the soil column reaches predetermined levels of saturation. This initiative should also include a review of the management practices for the administration and discharge of the first-flush stormwater runoff and the adoption of Best Management Practices to insure that such stormwater runoff will have minimal adverse impacts on the water quality of the riparian habitat adjacent to the Pelican Bay development. [See Discussion (~ Section 4.5.4] 3.3 Recreation 3.3.1 Current Recreational Component. For the most part, Clam Bay remains inaccessible to the general public. Because significant portions of the bay are and remain densely populated with mangrove vegetation, it (th.e bay) is physically difficult to traverse on foot. The three boardwalks which do cross the bay provide access to the beach and, as a general proposition, provide the level of access to the mangroves that the public demands; a visual, non- consumptive, utilization. Limits on the amount of beach access is also controlled by limiting utilization of the boardwalks to differing segments of the public. Membership or resident status within Pelican Bay is required to use both the northern and middle boardwalk, thereby providing a predictable amount of use that to date has not proved problematic. The southern boardwalk is accessible by the public at large and while it generates measurable amounts of increased traffic, the established train and foot traffic has not adversely affected either the estuary or the beach. Canoeing of the waten, vays within Clam Bay remains a popular activity for those seeking a more intimate look at the estuary, and its wildlife or those seeking solitude in the upper reaches of the bay. Fishing is also a frequent undertaking from either the boardwalks or canoes. Swimming is confined to the beach area, although there is a reasonable amount of wading in Clam Pass and back into the estuary as much as 1,000 or so feet from the mouth of the Pass. The use of motorized watercraft is not prohibited, and evidence of periodic use of such is evident from observation. For the most part, the accumulation of sediments and the shoaling that has taken place has resulted in physically limiting the accessibility of Clam Bay to deeper draft boats and particularly those equipped with engines. Most, if not all, of the motorized boat traffic is believed to originate in the Seagate residential area and be confined to the area from Outer Clam Bay to Clam Pass. 3.3.2. Proposed Recreational Component. The Management Plan would not anticipate any changes in the recreational use characteristics of Clam Bay. The contemplated widening and deepening of Clam Pass and the interior_channels leading into Outer Clam Bay will not measurably improve navigability. Earlier assumptions to the contrary have proved to be inappropriate as the channel area itself remains very confined. Further, since no dredging of Outer Clam Bay is proposed, accessability across the same will not be noticeably improved. i Presently, Collier County has enacted Ordinance 96-16 which Ordinance pro,~wdes for the utilization of the Clam 'Bay area by motorized watercraft provided that they operate with no wake and at idle speed. The Management Plan recommends no change in that protocol. The PBSD will however, in cooperation with the County, vigorously enforce the existing Ordinance. Further, if significant adverse impacts to the natural resources and water quality of the Clam Bay system are confirmed by the Collier County Department of Natural Resources, the FDEP and the Corps environmental staffs to be directly attributable to the use of motorized boats within the Clam Bay system, then additional restrictions or adjustments in the use of motorized boats within the Clam Bay system shall be considered for imposition to insure that the ecological integrity of the Clam Bay system Is preserved. To the extent that additional constraints on the use of the Clam bay system are at any time in the future determined to be necessary to preserve the ecological integrity of the Clam Bay system, such constraints will be imposed only so long as is necessary to ensure that the damaged resources within the Clam Bay system have recovered and/or the water quality has returned to and will continue to meet state water quality standards for those parameters associated with boating and motorized vessel usage including copper, cadium, zinc, hydrocarbons (PAHs) oils and greases, dissolved oxygen total nitrogen, total phosphorous and total fecal and coliform bacteria. Appropriate notification, signage and policing will be provided by the County or PBSD to ensure compliance. The signage Will be strategically placed both a[ the entrance to CIam Pass and in the areas around the boat ramp located at the southern end of Outer Clam Bay. These are intended to insure that persons accessing the Clam Bay system are informed of its unique ecological characteristics, the limitations of access resulting from variations in water depth, the existence of no wake/idle speed requirements for motorized boat qperation and importantly, the necessity of staying out of areas identified as having maturing seagrass beds and potential manatee habitat. Precise locations and language to be included in the signage will be determined in cooperation with the agencies post permit issuance. Finally, the main channel will be marked in accordance 166184' with the requirements imposed by the United States Coast Guard to insure that those who use the system clearly know where the channel is and the prohibitions against operating their water craft outside the same. Additionally, the enlargement of the tidal exchange mechanism creates potentially hazardous conditions at the mouth of Clam Pass. Historically, this area has noticeable tidal movement, but is gentle.enough to .allow. free .swimming and wading. The adjustments contemplated here are likely to result in tidal movement that can be hazardous except to the strongest of swimmers. Channel depths will prohibit most wading, particularly during a high tide. Appropriate warning signs and monitoring of human use in the Clam Pass area will be required post implementation of the Management Plan to insure the safety of beach users. 4.0 IMPLEMENTATION 4.1 Approach The Clam Bay Management Plan is a guidance document that will be modified through time to address new opportunities and problems that affect the Clam Bay (See Section 1.0). The Management Plan. is based on .available technical information and was evaluated based on the goals established by the PBSD. The recommended management options involve a variety of technical disciplines and expertise, and in some situations specialized equipment will be required. Implementation and completion of the management options is the responsibility of the PBSD. The PBSD Advisory Board consists of fifteen (15) members that provide an implementation, overview and policy-making function. Implementation of each management option will require the development of a detailed action plan. The present staff, with guidance from the Advisory Board , technical assistance from their consulting engineers and scientists, and, in some instances, other specialized consultants have prepared the required action plans for the management options. Some of the management options can be completed entirely by PBSD staff. Other management options will require outside contractors to complete. 4.2 Action Plan Development The purpose of each action plan is to provide a detailed description of the work required to complete a management option. The action plans are to be used by the PBSD staff for their own guidance, to assist in the preparation of bid documents for contractors, as the deliverable element of contracts, as proposals for soliciting outside funding and as part of their annual planning process. 6 18& The action plans are set forth below and are contemplated to be permitted by applicable governmental authority. I'n the future they should be developed as part of the annual planning process, although they can be developed for unforeseen management needs at any time. An action plan should contain the following minimum information: · Project purpose; · Project benefits; · Detailed scope of work; · Expected deliverables or product; and · Schedule. Each action plan, depending on its purposes (proposal, bid document, etc.), may include permit requirements, estimated costs and evaluation criteria. The purpose of developing evaluation criteria would be to determine the success/failure/problems associated with each management option. To provide guidance in developing the action plans two important elements were evaluated. First, potential permit requirements for each management option were reviewed and second, a list of cost estimates for selected management option components were identified. 4.3 Management Plan Evaluation, Planning and Funding 4.3.1 Evaluation and Review The Clam Bay Management Plan is a dynamic document and will require review and evaluation on an annual basis. The review and evaluation of the Management Plan shou'ld include th_e following: Evaluation of past projects, successes/failures/problems; Review of work in progress; Evaluation of potential funding sources; and Selection of projects for the upcoming year. 16 1 The degree of success for a particular restoration project is generally based on percent survival of the vegetation, but in this instance the monitoring criteria specified in the Management Components (Section 4.5) should be the gauge. The environmental enhancement restoration and habitat management options discussed in Section 4.5 will require a Section 404 Permit from the Corps of Engineers and a Joint Coastal Permit from the Florida Department of Environmental Protection. These permits will specify requirements for determining overall project completion and success and more specific requirements for implementation and monitoring. The Management Components (Section 4.5) are designed to anticipate the permitting requirements for the first tier restoration effort. Successive efforts will be undertaken within the context of agreed upon permit conditions thereby allowing the PBSD to maintain the components of the Management Plan and act upon the same within defined parameters as specified in each management option and as permitted by the government. The review and evaluation process will include PBSD staff and commissioners, their consulting engineers, scientists and other technical consultants as required. The annual planning process will include not only public input, but the outcome of the process, including the establishment of the following year's goals and objectives. This review, evaluation and planning process will correspond to the PBSD fiscal year budgetary plann_ing. The process will begin in April with public meetings. This would allow the month of August for finalization of the plan, followed by implementation in October, but always subject to constraints imposed by other adverse ecological impacts or the potential for the same, such as turtle nesting season and the like. The Management Plan is to be funded initially by an assessment of the Pelican Bay resident base under the direction of the PBSD, by a contribution of $1,000,000 from WCI Communities and by Collier County. Funding priority and availability of funds will change yearly. It would, therefore, be appropriate during the annual planning exercise to closely evaluate funding availability and determine sources for both immediate and long term needs. 4.4 Implementation Schedule Established Management Plan schedules can be used as a tool for implementation and budgetary planning. Based on present information, a one year implementation schedule is proposed for all Management Plan options except those set forth in Section 4.5.4 dealing with freshwatedstormwater studies and adjustments. Figures 4.4(a) and (b) detail the anticipated schedule for both the restoration activities and the various studies described in Section 4.5.4 below. An annual review and update of the Management Plan will allow the PBSD to be more responsive to various programs needed for maintenance of the system. This schedule, as with the Management Plan, is dynamic and is expected to and should change through time. The schedule is designed around an annual review and update. The prioritization of the approved management options is based primarily on the decision matrix review discussed earlier and taking into account the complexity of the management option and the capabilities of the PBSD. 4.5 Management Components The Management Components described below are the activities to be undertaken presently in support of the goals described in Section 1.3 above. While each 16B18 component can stand alone for purposes of its individual evalualion, it is the integration and cumulative impact of all that assures reslor~tion success within Clam Bay. 4.5.1 Seagate Culverts 4.5.1.1. Existing Conditions ]6B18 The Seagate Culverts are located at the extreme south end of Outer Clam Bay and serve as the connection point to Venetian Bay to the south. The culverts allow water to be exchanged between Outer Clam Bay and Venetian Bay through three twenty-four inch diameter culverts. The culverts are topped by Seagate Drive, a private thoroughfare connecting to developed land lying adjacent to the Gulf of Mexico. (See Figure 4.5. l(a)) The culverts are organized so that they lie parallel to each other in a north-south direction. The end walls on either side consist of sand cement bags and rip rap. The present condition of the system suggests that the culverts and supporting structure is stable and reasonably well maintained. Some disruption of flow appears evident from time to time suggesting some impediments may exist in one or more of the culverts. Although the culverts are physically located much closer to Clam Pass than to Doctors Pass (the access point to the Gulf for Venetian Bay), flow in the culverts is dominated by flow through Doctors Pass. This condition results because the tidal amplitude in Venetian Bay is approximately twice' that in Outer Clam Bay. Flow measurements taken at the culverts show exceptionally high velocities, approaching in magnitude rates of up to five (5) feet per second. Volume measurements based on the tide in Outer Clam Bay and flow in the culverts indicate that between 20_% and 25% of the tidal flow for Outer Clam Bay is supplied by the culverts. Notwithstanding a surprisingly high flow rate, the culverts contribution to flushing exchange for either Clam Bay or Venetian Bay is negligible. This result occurs 0R042680; i/FPi 45 because the flood volume Js generally equal to the ebb volume and flow through the culverts simply oscillates back and forth between the two bays. 4.5.1.2 Proposed Conditions. The Management Plan intends to take advantage of the flows through the culverts on the flood cycle by retaining the volume.of.water generated on the north side of the culverts (the Clam Bay side) for discharge through Clam Pass. This is to be accomplished by the installation of Red Valve Tideflex check valves (or equivalent). This product is designed to preclude the oscillation of the tides through the culverts. This undertaking has no detrimental impacts on the Venetian Bay side of the culverts and was selected because it has the lowest head losses and requires minimal maintenance. Neither ebb flows through Doctors Pass nor water quality will be negatively impacted. Data confirms that the volume of water carried by the Seagate Culverts is in the order of 700,000 cubic feet each half tidal cycle. However, the net flow, averaged over a full tidal cycle is very small because the ebb volume essentially equals the flood volume. This means that the same volume of water carried from Venetian Bay into Outer Clam Bay on a flood tide is returned to Venetian Bay on the following ebb tide. The volume of water (tidal prism) that flows through Doctors Pass on an average tide is about 24 million cubic feet. (Tackney 1997).' Accordingly,' the Seagate Culverts carry the equivalent of slightly less than 3% of the flow through Doctors Pass. Modified as proposed, the culverts will effectively operate as a pump, pushing water from Venetian Bay to Clam Bay. Each flood tide would produce a one directional pulse of water from V_enetian Bay to Outer Clam Bay. Importantly, this pulse would not be returned to Venetian Bay, but would gradually be displaced towards Clam Pass by each successive tide. Such a system would increase the exchange rate for all of the bays 16B1 g between the two inlets and, since most days would produce two puls%s, even a modest discharge rate would be capable of replenishing the bays within a short period of time. In this context it is important to observe that Doctors Pass is a very stable inlet and the tidal prism is capable of maintaining a fixed cross sectional area. This does not mean that shoals cannot develop, but it does mean that the pass is not in danger of closure. The Doctors Pass system.has, adequate.reserve tidal prism that even a 3% reduction, which is the maximum amount that could occur from a total closure of the Seagate Culverts, would not materially affect inlet stability. Our studies suggest that the installation of flow control valves coupled with the excavation of Clam Pass can be expected to produce an approximate 2% reduction in flow through Doctors Pass. From the characteristics of the Doctors Pass system as reported in the "Doctors Pass Comprehensive Inlet Management Plan, 1994", a change of this magnitude would not produce any measurable affects on either inlet stability or shoaling pattern. (Tackney 1997). By supplementing the tidal flow volume through Clam Pass on a recurring basis it is anticipated that there will be less frequent need for mechanical intervention for pass maintenance as natural scouring of the pass will be enhanced. 4.5.1.3 Timing The Seaga[e Culverts work will proceed following the first phase of improvements contemplated under the Management Plan. This timing is necessary in order to minimize impacts on residents requiring access to their property during the construction/installation phase. The completion of the check valve work is expected to assist in the maintenance of water quality by accelerating the dilution and transport of released slurry water to the Gult' resulting from the dredging of the main Channel Cuts 4A through 4D. (See Section 4.5.2). Construction is estimated to take approximately six weeks from on site mobilization and no impediments to implementation are anticipated, once permitted. This timing assumes that the condition of the culverts will allow for the retrofitting described below. 4.5.1.4 Design The design of the improvements to the Seagate Culverts will require the replacemer of the Seagate Culverts. Additionally, the design will require a check valve that i: appropriate for the tidal conditions encountered at the Seagate Culverts and whict check valve can be installed and maintained in a cost sensitive way. As noted above the PBSD proposes to use a .tide. check .valve .manufactured by The Red Valv~ Company. The selected valve is specially designed for marine conditions, operate., automatically with a small head differential, and is Iow maintenance. The check o~ culvert valve detail is shown on Figure 4.5.1(d). The valves will not be directly connected to the culvert ends so as to eliminate the possibility of failure of the culvert barrels due to the weight of the valve. To overcome this problem, a properly anchored end wall will be constructed around the northern ends of the three culverts and the valves will be secured to the end wall. The area beneath and waterv,,ard of the end wall will be rip-rapped to provide erosion protection and to provide a sediment trap. The south end of the culverts (Venetian Bay side) will remain as is. See Figures 4.5. l(b) and (c). 4.5.1.5. Construction Construction of the improvements described above will require in the first instance the obtaining of appropriate access to the Seagate Culverts. The culverts are privately owned by the Naples Cay Master Association and in order to complete this portion of the Management Plan, an Access Easement must be obtained and recorded in the public records of Collier County, Florida. Additionally, the City of Naples must independently issue its Dredge and Fill Permit in order to implement this portion of the Management Plan. Based on preliminary submittals to both the owners of the Seagate Culverts and the City of Naples staff, appropriate approvals can be obtained. ]6B18 Construction of the improvements will require excavation around the northerly end of the culverts, placement of a coffer dam during construction of the end wall, placement of the check valves, backfilling behind the end wail, and installation of rip-rap. A backhoe will be used for excavation and coffer dam construction, a crane for setting forms, steel, and valves and a dump truck for removal of excess material. Existing plant material will be removed and preserved for reinstallation to the extent feasible. If lost, it will be replaced with like kind material to the end that upon completion of the work the road and culvert area will be fully restored to its pre-construction appearance. Any destruction of roadways will be repaired. Best management practices will be utilized during all phases of the construction and appropriate silt retention devices and the like will be used in order to minimize siltation during the construction process. (See Figure 4.5.1(el) and (e2)). 4.5.1.6 Post Construction Management Post construction operation and maintenance is not anticipated to be significant. The design of the system is intentionally passive in its operational phase and while the structural integrity of the system will be checked monthly, repairs and/or maintenance are not expected in the early years. To the extent required they will be made immediately. 4.5.1.7 Pre-Construction Monitoring Flow meters will be used to monitor two (2) complete tidal cycles prior to construction of th'e culvert modifications to determine the quantity of the water flowing through the culverts. See also Section 4.5.6.5 below. 4.5.1.8 Post-Construction Monitoring Culvert flows will be monitored post-construction through two (2) complete tidal cycles and every other month for two (2) years to determine consistent operation of the flows through the culverts and to quantify water amounts being retained in Outer Clam Bay. Subsequent monitoring of culvert flow will be evaluated following completion of the former protocol and adjustments, to.the same, will be submitted to the FDEP and the Corps as appropriate. Water quality monitoring is not undertaken independently in this location, bur. is addressed in Section 4.5.6.3 below. 4.5.2 Clam Pass 16B1 8,4 4.5.2.1 Existing Conditions The tides at Naples are classified as "mixed" with significant diurnal and semi-diurnal components. This means that most days experience two tides. On a few days each month, however, there is only one tide. The data for the Gulf tides in the project area are given below: Mean range Diurnal (daily) range MHW (Mean High Water) MLW (Mean Low Water) 2.01 fl. 2.88 ft. 1.50 ft. NGVD -0.51 ft. NGVD Although Naples is located approximately midway between the primary tide station at Key West and St. Petersburg, the tides at Naples do not correlate well with the tides at either location. Predicted tides at Naples are based on the reference station on St. Marks River (Appalachee Bay). It should be noted, however, that frequent and significant differences occur between the predicted and actual tides in the Naples area even in the absence of storm conditions. When considering the effects of tides, it is important to note that the average water- surface elevation in the Gulf of Mexico is not constant but shows significant seasonal variations. In the Naples area, the lowest average water sudace elevations occur during the months of January and February at which time the average elevation is approximately 0.7 fi. below the maximum value which occurs during September. This means that the same tidal range will produce water sudace elevations in September that are approximately 0.7 ft. higher than those produced in January and February. It is also significant to note that the annual average water level for the Gulf of Mexico is approximately 0.5 ft. above NGVD. Field studies revealed ~wo differen! conditions that ¢ont~bute to the observed mangrove mo~ialih/. The tidal creeks leading nodh from Clam Pass and the two upper bays are surrounded by a benin with a crest elevation o[ between approximately 1.4 and 1.8 fi. NGVD. Landward of this berm the ground elevations generally decrease and then rise again. As a result, the berm functions as a dike which separates the tidal creeks and upper bays from smaller embayments within the mangrove [orest. Under present conditions, normal high tides seldom exceed the crest of the berm and therefore the interior bays are effectively isolated from normal tidal exchange. However, during storm conditions and exceptionally high astronomical tides, the berm is overtopped and the interior bays are flooded. As the tide lowers, these smaller interior bays do not drain below the elevation of the surrounding berm. Moreover, these interior bays remain flooded until evapotranspiration and ground water seepage lowers the water surface elevations. Water loss from these two causes, however, is relatively slow and weeks may occur before water surface elevations within the isolated bays return to the average surface elevations of the adjacent tidal creeks and primary bays. [See Section 4.5.3 for a more complete discussion of this condition.] The second condition which contributes to prolonged periods of flooding results from the existing geometry and bathymetry of the bays and connecting tidal creeks and flow channels. The tidal creek leading north from Clam Pass is narrow and extremely sinuous. Although the average creek depth is approximately -2.5 ft. NGVD, two areas of localized constriction were noted and in one of these areas, the maximum creek depth was less than -1 ft. NGVD. In addition, the northern end of the creek connecting Inner Clam Bay and Upper Clam Bay is extremely constricted. These local constrictions are shov,,r in Figure 4.5.2(a) which is a plan view of the primary creeks, channels and bays. To determine the effects of the creeks and local constrictions on tidal exchange, tides were recorded throughout the Clam Bay system in May and June 1996 and again in January and February 1997 at the recording stations shown in Figure 4.5.2(a). The May 1996 measurements were taken about 1 month after Clam Pass was artificially reopened. By January 1997, much of the channel, excavated in reopening the pass, had shoaled, and the pass appeared to be again approaching closure. These changing conditions of the Pass and approach channels are noted because they significantly affected the tides throughout the bay system. The tide recordings also showed that the water surface elevations in the upper bays were strongly affected by rainfall and therefore the tide measurements were divided into tv,,o groups: days without significant rainfall or runoff and days with significant rainfall or runoff. For tide measurements taken without fresh water inflow in 1996, the average tidal range in the Gulf of Mexico was approximately 2.10 ft. In ~nner and Upper Clam Bays, the average tidal ranges were approximately 0.38 fi. and 0.31 ft. respectively. These values correspond to relative tidal ranges (tidal range at site divided by Gulf range) of 18% and 15%. It is interesting to note that similar water level readings taken in 1978 (Hydrographic Study Clam Bay System, Collier County, Florida, February 1978, Gee & Jenson Engineers, Architects, Planners, Inc.) indicated slightly lower tidal ranges in the upper bays. In this previous study, however, no attempt was made to identify the effects of rainfall and, had runoff effects been isolated, the observed tidal fluctuations would have been larger. It is important to note, and this study indicates, that as much as 19 years ago, the flow into the upper bays was very restricted. Days with heavy rainfall during the field studies were very limited. Between May 19 and May 21, 1996. however, four inches of rainfall occurred. Water surface readings in Upper Clam Bay showed that for the days following this event the water level remained above the normal high tide level and tidal fluctuations were immeasurable. In Inner Clam Bay, similar conditions were noted. Small (<1 inch) tidal fluctuations, however, could be identified. &B1 84 From the water surface readings, the average water surface elevations of the upper bays were found to be greater than 0.2 ft. higher than the average Gulf elevation. The effects of these conditions are illustrated in Figures 4.5.2(b). This Figure shows an approximate mean tidal cycle for the Gulf and Inner Clam Bay in mid 1996. The most obvious features of this Figure are the reduced bay tide and the large phase lag, the same being defined as the time delay between the occurrence of slack water [high or Iow tide] in the receiving waters [Gulf of Mexico] and the bay- between the Gulf tide and the bay tide. Other less obvious features include the set-up or superelevation (0.2 ft.) of the average bay elevation above the average Gulf elevation and the distortion between the flood and ebb stages of the tide. For the Gulf tide, the durations of the flood and ebb stages of the tide were approximately equivalent (6.2 + hrs.). For the upper bays, however, the average flood duration was approximately 5.7 hrs and the average ebb duration was approximately 6.7 hrs. Since the ebb discharge volume must equal or exceed the flood volume, the average flood velocities exceeded the average ebb velocities because they occurred for shorter durations. Additional tide readings were taken in January and February 1997. These readings showed that between June 1996 and February 1997, the relative tide range for Upper Clam Bay had decreased from 15% to approximately 9% of the Gulf range. The reduced tides in the upper bays are due to the high resistance to flow offered by the tidal creek and the reduced tidal range at the southern entrance to the creek. In addition, runoff from the surrounding drainage basin can exceed the drainage capacity of the tidal creeks and result in prolonged periods when the upper bays remain flooded above normal tide levels. The set-up and asymmetry between the ebb and flood stages of the tide are due primarily to the shallow characteristics of the waterways. Resistance to flow is inversely related to water depth. As a result, the same waterway will afford higher relative resistance when the water depths are shallow than when they are deeper. Since high tides in the bays are governed by relatively efficient inflow during the later stages of a flood tide, when water depths are near maximum, and low tides are 1&B18 < cjovemed by the relatively inefficient outflow during the later stages of an ebb tide, when water depths are near their shallowest, the bays may be considered to fill more efficiently than they drain. This condition superelevates the average water surface elevation in the bay and since the ebb volume must equal or exceed the flood volume, it also prolongs the duration of the ebb tides. Figure 4.5.2(c) illustrates the cumulative frequency.distributions for the water surface elevations in the Gulf and the two upper bays during the May and June 1996 field studies. The ordinate (vertical axis) shows the percentage of time that the water surface elevations exceeded specific values (referenced to NGVD) at the three stations. The most significant features to be noted are that the average water surface elevation in the bays exceeded 1.0 fl. NGVD 50 percent of the time and the water surface elevation in the bays never dropped below a value of 0.6 ft. NGVD. In reviewing this Figure, it should also be noted that the average water surface elevation for the months of May and June is usually in the order of 0.3 ft. lower than the average water surface elevation for late summer and early fail. Therefore, water levels during the normal rainy season would be expected to exceed the elevation shown in the Figure by approximately 0.3 fi. In May and June 1996, the measured tide in Outer Clam Bay was approximately 50% of the Gulf tide and by February 1997, the bay tide had dropped to approximately 35% of the corresponding Gulf tide. Although these ranges are substantially greater than the tidal ranges in the upper bays, they still represent high resistance to flow between Outer Clam Bay and Clam Pass. For comparison, it may be noted that the relative tidal range for Venetian Bay, which is approximately two miles north of Doctors Pass, is over 95%. By contrast, Outer Clam Bay which is less than ½ mile from Clam Pass currently has a tidal 'range of 35% of the Gulf range. In addition, tidal exchange to Outer Clam Bay is not restricted to Clam Pass but also occurs through three 24 inch diameter culverts under Seagate Drive. These culverts connect Outer Clam Bay to Venetian Bay. During flood tides, flow is toward the north while during ebb tides, flow is towards the south. Although the culverts are.small (<10 square feet total cross sectional area) they carry exceptionally high flow velocities. Readings taken in May 1996 indicated that flows frequently exceeded five feet per second. As a result, in May 1996, flow through the culverts contributed between 20% and 25% of the tidal exchange volume for Outer Clam Bay and this percentage has undoubtedly increased since the pass has become more constricted. It should be noted that, although the culvert flow is relatively high, it does little to improve exchange between Outer Clam Bay and the Gulf of Mexico. This is because flow in the culverts reverses with the tides and most of the water carried north during a flood tide is returned to Venetian Bay on the succeeding ebb tide. [See Section 4.5.1 for more analysJs.] Figure 4.5.2(d) shows representative water depths, referenced to NGVD, for the major bays and creeks within the Clam Bay system based on measurements taken in May and June 1996 and January and February 1997. A number of pertinent features can be noted. Except for the first approximate 800 feet of channel inside Clam Pass, the water depths between the pass and Outer Clam Bay are relatively uniform and exceptionally shallow. The average depth of the tidal creeks is approximately -2.5 ft. NGVD. In three areas, however, the creeks are severely constricted with depths in the order of -1.0 to -1.5 feet NGVD. The easiest method of illustrating the effects of water depths and constrictions on the tides in the upper bays is to consider two models for the bay system. The first model, shown in Figure 4.5.2(e), includes only Clam Pass, the entrance channel, the tidal creeks and the northern bays. In this Figure, the actual and relative tidal ranges are shown. At the southern entrance to the tidal creek, the relative range for May and June 1996 was approximately 71% and in the two upper bays the relative ranges are approximately 18% and 15% respectively. I&B18 This model is helpful in .illustrating the conditions that are responsible for ~he periodic closure of Clam Pass. This pass is an unimproved, marginally stable tidal inlet. The controlling cross section is small and variable. In 1995, this section was measured to be approximately 60 square feet NGVD, although it was enlarged to approximately 495 square feet where the pass was last reopened. By January 1997, it had shoaled to a cross section area of approximately 40 square feet. In the past 20 years, the pass has dosed on at least five occasions; the most recent of which was in January 1996. After each closure, the pass was reopened by excavation following various periods of closure. In all but the most recent reopening, excavation was restricted to the area of the inlet throat. In April, 1996, however, a channel slightly over 600 feet in length was excavated. At present, much of the excavated channel has silted in and the pass appears to be approaching closure. The reason that the pass has closed so often is that the tidal prism (volume inflow during a tidal cycle) of the inlet is inadequate to scour out sediment carried into the pass by wave generated longshore transport. Inlet stability occurs when equilibrium is maintained between the self scouring capacity of the inlet and the sediment load generated by wave activity. A necessary condition for stability is that any constriction of the inlet cross sectional area must result in an increase in flow velocities. From the closures that have occurred in recent years, it is apparent that the existing tidal prism for Clam Pass is inadequate to maintain the pass open for prolonged periods. In addition, the periods between closures appear to be decreasing indicating that the restricted condition of the interior waterways is continuing to deteriorate. It is also apparent that future efforts to reopen the pass will provide, at best, only temporary relief if excavation is restricted to the vicinity of the inlet throat.. To fully appreciate the condition of the pass, it is helpful to note a distinctive feature that makes Clam Pass different from other tidal passes or inlets. For most tidal inlets, the throat represents a relatively short section of channel with a high resistance to flow bounded on both sides by J'elatively efficient bodies of water. For Clam Pass, however, not only is the throat constricted but the approximate 2600 feet of channel leading to the primary storage area (Outer Clam Bay) is also severely restricted. A similar condition exists north of the pass but since the upper storage area is much smaller than the lower storage area, the effects are less significant. The restricted (shallow) condition of the entire channel between Clam Pass and Outer Clam Bay explain why previous efforts to reopen the pass have had only temporary success. In order to significantly increase the tidal prism of Clam Pass, it will be necessary to re-establish an efficient flow channel between the pass and Outer Clam Bay. Excavation restricted to the vicinity of the pass only addresses a small portion of the problem and is inadequate to materially improve the tidal prism. 4.5.2.2 Remedial A!ternatJves If the flooding tendencies of the upper (northern) bays are to be reduced, the hydraulic efficiency of the tidal creeks will have to be improved and openings will have to be made in the berms surrounding the isolated smaller bays (a discussion of existina proposed efforts to re-establish flow to the isolated interior bays can be found i,q Se ~':, 4.5.3 below) and an efficient flow channel will have to be maintained between Clam Pass and the southern terminus of the tidal creeks. There are, however, limitations on the extent to which these obiectives can be realized. Avoiding further damage to the existing mangroves is of paramount importance, and accordingly, the creeks cannot be randomly straightened nor widened. This limitation greatly restricts the effectiveness of creek excavation since much of the flow resistance is due to /he sinuous nature of the creeks and their relatively small cross sectional dimensions. 59 Field studies, however, identified three areas of severe constriction which can be improved by localized excavation. To enlarge these areas to average cross sectional areas of the adjacent creeks, an excavation depth of-3 ft. NGVD is required. This depth is approximately ~ fl. deeper than the average creek depth, but, since some of the constricted creek widths are narrower than the average creek width, a deeper depth is required to produce an equivalent cross sectional area. From the severe shoaling of Clam Pass that occurred in the nine (9) months since the pass was last reopened, and the further reduction of the tidal range in the primary bays. it is apparent that removing the constriction in the tidal creeks will provide only temporary relief unless the stability of the pass is also improved. As previously noted, inlet stability can be improved only by increasing the tidal prism of the inlet and this can be most effectively accomplished by excavating an efficient flow channel between the pass and Outer Clam Bay. South of Clam Pass, the channel leading to Outer Clam Bay is relatively broad and exceptionally shallow. In addition, scattered grass beds can be readily identified. Meandering through and around the grass beds, is an existing channel which contains intermittent remnants of seagrasses. Portions of this channel are of adequate width to a/Iow for excavation of an effective flow channel to Outer Clam Bay without encroaching on the seagrass beds. However, in order to achieve the desired improvement in tidal prism, some encroachment into the seagrass beds will be required. The Plan, however, minimizes those impacts by aligning the proposed excavation to avoid the most mature seagrasses within the system. An alignment of the channel is shown on Figure 4.5.2(g)(1) through (3). Importantly, the areas to be impacted represent less than 19% of the total area to be excavated and less than 1/3 of an acre of total impacts to seagrasses generally. Notwithstanding the relatively minor impacts to existing seagrasses, the PBSD recognizes the importance of the seagrasses within the Clam Bay system. As such, PBSD believes that the overall improvement in water quality and tidal exchange will insure the reestablishment of those seagrasses lost as a result of Plan implementation and will, if' after five year~ of operation of the Plan. provide for a mitigation response to reconstitute the lost sea§rasses if. they have not recovered fully in that time. Avoiding disruption to e×isting man,rove communities was also critical to the Plan and no encroachment on existing mangroves occurs. 4.5.2.3 Design The cuts which are intended to relieve the constrictions in the main channels flowing to the North from Clam Pass are identified in this Plan as Cuts I, 2, and 3. For Cut 1, which is immediately south of Upper Clam Bay, a depth of-3 ft. NGVD and a maximum bottom width of 15 feet are proposed. Field adjustments to this proposed configuration will be made in those areas where the existing creek is too narrow to allow a full 15 ft. bottom width. In these areas, the actual width of cut will be reduced to prevent undercutting the mangroves. In addition, to minimize the volume of spoil, the excavated channels are to conform with the deepest part of the existing channels. For the two cuts in the tidal creek south of Inner Clam Bay ('Cuts 2 and 3), a depth of -3 ft. NGVD is also proposed. This creek, however, carries greater flow volume than the northern creek and the maximum bottom width has, therefore, been increased to 20 feet. This will also facilitate improved tidal exchange. Sediment excavated from Cuts I, 2, and 3, as shown on Figure 4.5.2(h) and (k), is to be pumped to three areas lying between the dune line and the mangroves to the west. The spoil disposal sites will first be cleared of vegetation in preparation for receipt of fill. The sites have been chosen with a view to selecting those where the benefits of such removal is consistent with the overall goal of ecological enhancement and as such the sites' are typically overgrown with exotics and other nuisance plants. A temporary containment dike will be constructed on the eastern edge of the disposal site and buffered to the east by hay bales to retard backflow of spoil into the mangroves during pumping. The location of these disposal sites is shown on Figure 4.5.2 (k). 63. 1 In order to increase the tidal prism and stability of Clam Pass, excavation of a more efficient flow channel is proposed between the inlet and Outer Clam Bay. This channel, which is referenced as Cut 4, consists of four segments which are shown on Sheet 2 in Figure 4.5.2(I) and (1). The proposed depth for these segments is -4 ft. NGVD. The widths vary. For Segment 4A, which is to terminate in Outer Clam Bay, a maximum bottom width of 30 feet is proposed. For the short segment 4B, which will carry flow from the entrance channel to the northern tidal creeks, a maximum bottom width of 20 feet is proposed. For Segment 4C, which will carry the entire tidal prism of the system, a maximum bottom width of 40 feet is proposed. Segment 4D has been included as a contingency, to be utilized only in the event that access from the Gulf of Mexico is required for dredge mobilization. If such access is not required then Section 4D will not be excavated. Cuts 4B, 4C, and 4D conform to the existing channels and these cuts will not result in any encroachment on existing mangroves or seagrasses. The existing channel in the vicinity of Cut 4A is not well defined and the proposed alignment has been selected to minimize encroachment on the existing seagrasses. This has resulted in a somewhat meandering channel but the changes in the alignment will not create any significant increase in the hydraulic resistance of the channel. It is estimated that Cut 4A will impact approximately 113 acre of seagrasses. This level of encroachment is necessary to achieve the objectives of the project. Spoil from excavation of Segments 4A 4B, 4C and 4D consists of varying mixtures of sand and organic fines. In Cuts 4C and 4D, most of the material is relatively clean sand. In Cut 4B, the material is primarily sand but enough fines are present to give it a light gray appearance. In Cut 4A, the material varies from a relatively clean sand at the north end to dark organic fines at the south end. To accommodate this variation in spoil quality and remain consistent with direction received from the FDEP, the organic fines excavated from the south end of Cut 4A will be discharged, to a spoil disposal site located behind the dune line adjacent to the entrance to Clam Bay. See Figure 4.5.2(o) 16B1 8 and(p). This area presently, consist of predominately clean sand which will be excavated to a depth of- 1 foot NGVD to accommodate approximately 1500 to 2000 cubic yards of organic fines. Excavated beach sand from the spoil disposal site will be used for beach renourishment in part, but a portion will be stored on site for covering the fines upon completion of this portion of the excavation. Any native vegetation damaged or destroyed as a result of this excavation will be replaced with natural vegetation and natural regeneration will be encouraged. To assist in the control of turbidity during this portion of the excavation, the spoil disposition site will be diked and turbidity screens will be placed at the two points of connection into the main channel of Clam Pass. If additional disposal areas are required for the organic fines, then the PBSD in consultation with the FDEP and the Corps of Engineers will locate such additional areas in uplands behind the dune line to receive surplus fines applying the protocols for disposal of material from Cuts 1, 2, and 3 described in Section 4.5.2.3 above and shown in Figure 4.5.2(h) and (k). As an adjunct to the above analysis an examination of the condition of the offshore bottom was undertaken to determine the feasibility of various offshore disposal locations. This effort was undertaken in a study by Turrelt & Associates, Inc. in July 1995 and is incorporated here by permission. This study concluded that "sand substrate containing a thin layer of silt dominates the Gulf floor offshore to approximately 200 feet." Seaward of the sandy bottom, hard bottom and vertical relief was observed. The initial indications of vertical relief contained scattered rocks with attached gorgonians (sea whips, sea fans), and various algae. One of the two areas with the highest vertical relief was located from approximately 50 feet north to approximately 50 feet south of the Inlet and approximately 250 to 300 feet offshore. This area is known to contain the highest diversity of algae, epifauna and vertebrates. The other area with high vertical relief is opposite the Florida Department of Natural oRc~aao;[/rT[ 63 1 8 Resources monument R-39, approximately 350 feet from the shore. It however is located considerably north of the area targeted for disposal of dredge fines. These hard bottom areas were located with the use of a bottom finder (KING 1350 Model 1350A, 11-40voc). East-west transects were run using Department of Natural resources beach monuments R39 through R42 as reference points. Transects were run out to approximately 3000 feet offshore. A perpendicular (north-south) set of transects were run on approximate increments of 300 feet (from east to west) to a distance of approximately 3000 feet offshore. Examination of bottom finder returns was used to locate any hard bottom throughout this area and once located, "bounce" dives were performed to observe conditions on the bottom. Documented organisms identified in the dives are listed on Figure 4.5.2(m) and the general conditions observed are as noted above. Figure 4.5.2(n) shows the hard bottom transects and Figure 4.5.2(o) shows the areas of vertical relief and hard bottom. While there are areas suitable for offshore disposal of organic fines southwest of R42 and across the hard bottom area approximately 3000 feet from the shore, it is proposed that this disposition be targeted for the spoil disposition site described above to avoid the possibility of exacerbating naturally occurring Red Tide blooms in the area by adding nutrients and organic materials into the marine environment. Once that excavation is completed, the discharge point will be relocated to a point on the beach approximately 200 feet south of Clam Pass and located between the mean high and Iow water lines. This location was selected because the net littoral transport in this area is from North to South. The dredge spoil from the northern reaches of Cut 4A and Cuts 4B, 4C and 4D, consisting primarily of sand, will nourish the beach down drift of the pass and will have the least potential for reintroduction into the Clam Bay system. Both disposition areas will require a variance from the requirements of Ch. 62- 4.244(5) Fla. Adm. Code to allow for an adequate mixing zone and some measure of relief from established turbidity requirements. The locations of both disposition areas are shown on Figure 4,5.2(o) and (p). Figure Figures follows: 4.5.20) shows iepresentative cut cross sections from the stations shown in 4.5.2(h)(k) and (I). The dimensions of the proposed excavation cuts are as Design Depth (NGVD) Section 1 2 3 4C 4D Bottom Width 15ft 20 fl 20 fl 30 ft 20 ft 40 ft 40 ft Length 730 ft 550 ft 630 ft 2330 ft 200 ft 1070 ft 200 ft Volume (in cubic yards) 1140 1680 98O 158O0 1300 7700 1200 The estimated volumes given in the table above were obtained by calculating the differences between the existing cross sections and the design cross sections. These differences were then multiplied by the distances between the adjacent sections and the results were summed. A total of 63 cross sections were used for calculating the amount of excavation for Cuts 1 through 3 and 26 cross sections were used for estimating the channel excavations for Cuts 4A through 4D. 4.5.2.4 Construction The existing tidal creeks are too narrow and shallow for access by conventional dredge equipment. Moreover, upland access to the cut areas is not available for back hoes or upland excavation equipment. Existing conditions, therefore, restrict excavation tc either a diver operated system or a small barge system such as a "Mud Cat". 16BI. 8.i For Cuts 4A, 4B, 4C and 4D, excavation is to be undertaken with floating equipment and spoil discharge is to 'be accomplished through use of a discharge pipeline. Access will be gained either from the boat ramp at the south end of Outer Clam Bay or through the Pass at the Gulf. Access through the Gulf is not anticipated, but, if utilized, it likely would require the dredge to cut its way through the inlet shoals to gain access to the excavation areas. The sequencing of the interior Cuts (1, 2, 3, 4A through 4 D) is not critical except for the need to complete the work associated with Cuts 4A through 4D outside of turtle nesting season. Accordingly, it is anticipated that the order of excavation will be left to the contractor's discretion, subiect only to the necessity for meeting the preservation protocol's discussed earlier and the time constraint imposed by turtle nesting season. This excavation work in all sectors of the Plan is anticipated to be commenced as soon as practicable following approval of the Plan and will take, following mobilization on site, approximately 120 days to complete. There are no known constraints that would adversely affect commencement and completion of the work contemplated by this protocol once begun. Best management practices will be employed in order to insure that disruption to the existing ecology is minimized during the excavation process but as noted earlier, relief from the standard mixing zone protocol of 150 meters is required. 4.5.2.5 Monitoring and Maintenance These adjustments to the channels of Clam Bay are expected, when taken in concert with the other management protocols, to result in significantly improved tidal prism for the bays, improved transport of water and its constituents within the bay system and measurably improved flow rates through Clam Pass which will result in improved pass stability. The monitoring plans designed to quantify these response features are discussed in Section 4.5.6 below, ] 84 Over the term of the Management Plan, PBSD will be entitled to maintain the Cuts identified herein to there design profiles, when and as often as they silt over during the term of the Management Plan. No further permitting from either the Corps nor the FDFP will be required to institute maintenance operations, but prior to initiating the same, the PBSD will provide written notice to both the Corps and the FDEP detailing the nature and extent of the required maintenance, the time for doing so and the proposed method for spoil disposal.. The Corps and FDEP will, upon receipt of a request to perform ongoing maintenance on the Clam Bay system advise the PBSD of its approval or denial within forty-five (45) days of receipt of the request, specifying such additional conditions as either agency might reasonably impose. The initial request for maintenance shall include the information specified in Section 4.5.7.1 below. It is understood that PBSD shall not undertake any maintenance which requires access to the beach during turtle nesting season and no maintenance shall be undertaken until both the Corps and the FDEP have approved the same. The approval contemplated here will not involve a de novo review of the permit or permit conditions, but will focus on the nature and extent of the maintenance request initiated by the PBSD and the proposed benefit to be derived from the same. Maintenance that is consistent with the Plan and permit conditions shall be presumed authorized in the absence of a finding by either the Corps or the FDEP that a material detrimental impact to the ecology of Clam Bay is likely to or will occur if undertaken. 4.5.3 Interior Tidal Creeks 4.5.3.1 Existing Conditions The existing interior tidal creek system of Clam Bay consists of three conditions distributed throughout Clam Bay. The three conditions are: (1) nonexistent, (2) restricted or blocked, and (3) restored. The nonexistent condition is the result of significantly reduced tidal exchange and reduced velocity of water within the interior tidal creek system over a protracted period of time. Historically, the tidal creeks were maintained in an open channel condition by three factors. The first is the scouring of the channel sides coupled with peak water velocities expected twice a month at peak flood and ebb tides. The second factor is a result of the abrasive characteristics of prop roots and cable roots as they grow and extend into the intertidal zone of the tidal channel. These two factors combine with a third, which is boring isopod damage. Two species of isopods are normally found in excavated chambers in the prop roots of red mangroves and occasionally in other root tissues and peat sediments. These organisms act as filter feeders and construct burrows as hydraulic conduits to accommodate their feeding methods. The totality of the process leads to a weakening of the prop roots and drop roots of the red mangroves, with the result being that they will break off at the water line giving rise to characteristic browse-line effect which can be observed in portions of Clam Bay. All of these factors have combined to retard the function of the tidal channels with the result being that they are beginning to silt in some places and in others the tidal channels no longer exist. This has resulted in the loss of natural channel maintenance processes with the consequence being that the interior tidal channels are in many areas of Clam Bay totally filled in (nonexistent) or on a track to be totally filled in absent some effort at restoration (restricted or blocked). The third condition is restored and evidence of the potential for restoration can be observed from the implementation of Corps Permit No,199601979(LP-CC) and FDEP Permit No,112870025. See Figure 4.5.3(a). As Figure 4.5.3(a) suggests the preliminary results from the work undertaken pursuant to these permits indicates positive outcomes for improving tidal flows within the tidal creeks of Upper Clam Bay and therefore a positive contribution to the restoration component of the Management Plan. 4.5.3.2 Proposed Conditions It is proposed that an additional 32963 linear feet of restored channels of four types be constructed in Phases in Clam Bay (Figures 4.5.3(b), © and (all) and (d2). The four proposed types of restored channels are: 1. Internal Main Channels being approximately 96" wide and 24" deep for a total distance within Clam Bay of 380 linear feet (Yellow). 2. Internal Side Channels being approximately 36" wide and 12" to 18" deep for a total distance of 8318 linear feet (Light Blue). 3. Internal Lateral Channels being 6" to 12" wide and 12" deep for a total distance of 11918 linear feet (Green). 4. Internal swales being approximately 3" to 6" wide and 6' to 12" deep for a total distance of 12347 linear feet (Dark Blue). Additionally, yellow dots are used to reference areas '.'.'here existing channels will be subjected to maintenance and refurbishment consistent with the existing profile of that particular channel, but only to the extent required when examined in the sequence of the implementation protocol. The maximum contemplated linear feet of maintenance excavation is approximately 16002 linear feet. If fully implemented these construction activities will generate a total of 2281 cubic yards of material. Since it is expected that this protocol will be undertaken sequentially and based on results achieved from early efforts, it is probable that the actual cubic yards of material to be disbursed will be significantly less. In any event, the material will be disposed of on site by careful placement in adjacent mangrove areas and in such a fashion so as not to create concentrated piles of spoil nor create blockages to existing and proposed drainage. In order to prioritize the applicability of each Internal Channel cut, the Clam Bay site has been systematically divided into twelve (12) sub-management areas (Figures 4.5.3(b), (c), (dl) and (d2). Within each of these sub-management areas an examination of the existing conditions has allowed us to determine which of the identified channel cuts is most necessary within that sub-management area and which should be undertaken only as a contingent response to post restoration conditions. Examination of historical aerial photography (1940, 1960, 1973, 1984 and 1995) indicates areas where the closure of internal tidal channels has occurred. Evidence of probable positive impacts to the overall system from this activity can be observed from the opening of interior tidal channels in 1996 in Sub Management Area I. The restored channels have resulted in improved drainage within the isolated basins in this management Area and it is believed will, in time, contribute to the recovery of mangroves in this area, particularly if done in connection with the other restoration protocols set forth in this Management Plan. 4.5.3.3 Timing Attached as Figure 4.5,3(e) is a matrix setting forth the priorities(phases) and linear feet for channel excavation within Clam Bay. Phase One areas are those that are presently subject to waterlogging stress and are evidenced by dead or dying mangroves. These areas are in need of immediate repair and are located in Management Areas I and IV. In these areas there is a sense of urgency to accomplish remedial adjustments promptly in order to maximize the potential for improved drainage within this area of Clam Bay and to insure that even as the balance of the Management Plan is implemented, these areas will have improved tidal exchange and drainage capacities at the earliest possible time. 16 18 Phase Two areas are those where there are severely stressed mangroves, with some potential for expansion. 'See Figure 4.5.3(c). These are found in Sub Management Areas VI, VII, VIII and XII. These areas will be implemented as required after field examination of the results following completion of all other implementation protocols. This post development analysis will determine if inflow and ou~ow can be further enhanced by initiating this next level of excavation. Additionally, areas which were excavated in Phase One will be reconsidered for-supplemental inclusion within Phase Two, if after a minimum of one year of post implementation monitoring of the Phase One restoration, the results suggest that Management Areas I and IV can be fu~her enhanced by additional excavation. Phase Three areas are shown on Figures 4.5.3 (dl) and (d2) and are those areas where the mangroves show no present signs of stress, but where historical evidence suggest that internal channels were present, but now are closed or severely restricted. They are located in Sub Management Areas II, Ill, V, IX, X and XI. As with the Phase Two adjustments, improvements to these areas will be undertaken only after an examination of the results of the Phase One and Phase Two restoration and only to the extent then on site evaluation justifies. It is anticipated that these areas will benefit from the totality of the work being undertaken by the other protocols and that designed levels of excavation within Sub Management areas labeled as Phase Two and Three will be required, but only minimally, provided that the totality of the restoration protocols set forth in this Management Plan are completed in a timely fashion. Chief among those are the improvements to Clam Pass and the inner bay channel improvements discussed under Section ,4.5.2. 4.5.3.4 Design Attached are Figures 4.5.3(0, (g) (h) and (I) depicting the location and size of each of the proposed interior channels as required in each Management Area. The exact location of each of the proposed interior channels shall be field located by a suitably trained and experienced individual who will mark the exact location of the channel to be excavated within the mangroves and consistent with the priorities described above. Written notice of the completion of the field marking of the channels to be excavated shall be provided to the Corps of Engineers and the FDEP prior to any excavation activity being commenced and the Corps and FDEP shall have a period of forty-five (45) days within which to inspect and approve or disapprove of the field located interior channel excavations. If the Corps and/or the FDEP shall not comment on the proposed field located interior channel excavations within the forty-five (45) day review period, then PBSD shall be authorized to proceed consistent with the construction protocols and monitoring requirements set forth in this Management Plan, otherwise the PBSD will work with the Corps and/or FDEP to resolve any outstanding and unresolved issues surrounding the proposed implementation of the excavation of the field located interior tidal channels. 4.5.3.5 Construction Actual construction of the previously located and marked interior tidal excavation sites will be supervised by an environmental professional approved by the Corps and the FDEP. Construction protocols shall insure that collateral damage to existing mangroves and their understor7 is minimized and that Best Management Practices are employed in the implementation of the excavation required herein. It is anticipated that excavation will be accomplished by a combination of blasting and hand excavation. To the extent that ancillary permits are required for blasting to take place, PBSD will acquire such authorization independent of this Management Plan. All excavation requiring blasting will be under[aken with deference to and outside of the sea turtle nesting season. Excavated materials will~ be disposed of onsite they will not adversely affect the topography of the site~nor the existing and contemplated drainage on the site. Photographic evidence of both the pre and post construction activities will be undertaken from locations approved by the Corps and the FDEP. Final as-built dimensions will be measured in the field, noted in a boundary survey with the approximate location recorded by a GPS reading. Actual survey dimensions will not be required. This work can is to be undertaken as soon as practicable following the approval of the Management Plan and continually processed to completion of Phase I. It is anticipated that Phase ! can be completed within J20 days following field mobilization. 4.5.3.6 Post Construction Management and Maintenance Not later than thirty (30) days following completion of any section of the excavated interior tidal creeks a reexamination of the same shall be made to remove and/or alter any debris or channel cut that may, on further review, adversely effect the operation of the excavation work. During the term of this Plan, the PBSD is authorized to maintain the excavated interior tidal creeks at their design elevation and width, provide that the maintenance initiation protocol described in Section 4.5.2.5 above is followed. 4.5.3.7 Post Construction Monitoring Monitoring of the work contemplated under this protocol shall be as described in Section 4.5.6 below. For work previously undertaken in connection with FDEP Permit No. 112870025 and US Army Corps Permit 199601979(LP-CC)it is anticipated that those monitoring protocols will be subsumed into this Management Plan and will therefore cease. 4.5.4 Stormwater/Fres hwater Management 4.5.4.1. Existing Conditions The lands within Pelican Bay slope in an east to west direction beginning along a ridge line located roughly along U.S. 41 to the easterly fdnge of Clam Bay. Elevations along the ridge vary between 14 and 16 feet NGVD while elevations at the Clam Bay fringe are about elevation 1 foot NGVD. Accordingly, the slope across Pelican Bay is rapid, sloping at an average rate of 18 feet per mile. By contrast most of Collier County slopes from east to west at a rate of less than 1 foot per mile. Natural vegetation within the upland portions of Pelican Bay consists predominately of pine, palm, palmetto, turkey oak, wax myrtle, and rosemary. Much of this vegetation has been preserved within the landscape, but significant amounts of more tropical plant material has been incorporated into the landscape as a result of development. Historically, rainfall reaching the ground would either seep into Clam Bay via groundwater migration following the slope of the land or would be lost to the atmosphere via evapotranspirafion, Under predevelopment conditions, much of the area's rainfall was held on the surface of the land in sloughs and other Iow areas. This water would then slowly filter through the soil to recharge the shallow aquifer or through the mangrove wetlands to the bay. The storage capabilities of the land thus moderated surface water outflows, preventing the occurrence of extremely high flow rates during the rainy season and serving to maintain surface flow and groundwater flow into the bay during the dry season. Present conditions of land development have modified the watershed's natural hydrologic response to rainfall as described below. As development of Pelican Bay commenced, a freshwater management system was designed and permitted under the regulations of the South Florida Water Management District (SF-WMD) whereby a series of interconnected detention ponds and open water storage areas were built. These were designed primarily for flood protection for the residents of Pelican Bay, .but they additionally provided water quality treatment and quantity attenuation sufficient to meet the State of Florida water quality and quantity standards. As developed the water management system is divided into six water sheds each labeled as a Drainage System. Each Drainage System is self-contained. Rainfall reaching the ground either seeps into the ground or runs off to a storm water detention pond or detention area within each Drainage System. $tormwater is detained within the detention ponds for flood control and water quality treatment. 8tormwater discharge from the detention ponds is controlled by a series of weirs designed such that the post- development stormwater runoff rates do not exceed pre-development run-off rates. As a result, all stormwater discharges that are not lost to evapotranspiration or to ground water seepage are ultimately discharged down gradient through controlled detention ponds or areas with final ouffall to Clam Bay. This flow is accomplished through a series of weirs located in the berm that separates Clam Bay from the developed portion of Pelican Bay. See Figure 3.2.2.1(b). The Pelican Bay water management system also accepts runoff from areas outside Pelican Bay. These areas are shown on Figure 3.2.2.1(b). There is a total of 130 acres of lands outside Pelican Bay which flow through the water management system. This represents approximately 7.9% of the total contributing area. Irrigation water for 27 holes of golf and landscaping in Pelican Bay supplements rainfall in the amount of 3.0 MGD or approximately 26 to 28 inches per year of additional rainfall equivalent. The source of this additional water is from [he Pelican Bay Waste Water Treatment System (0.68 MGD), the Pelican Bay offsite ,/,,ell field (1.02 MGD) and Collier County's North Naples Wastewater Treatment Facility (1.43 MGD). This water, with the exception of the well water, is treated effluent which is stored and mixed with the well water prior to its utilization in the irrigation system. When added to the average rainfall for South Florida of approximately 53 inches per year, the Pelican Bay area has an effective annual rainfall approaching 80 inches. When viewed in the context of predictable storm events that tend to distort the amount of average rainfall in any given time span, this additional amount of irrigation water is significant. This is particularly so, when you consider that the 3.0 MGD (an average) "rainfall equivalent" is a daily event for Pelican Bay and therefore Clam Bay and occurs irrespective of and independent from the normal wet-dry season. Importantly, more that 41 inches, or 80% of the rainfall, occurs during the rainy season (Simpson et. al. 1979). Much of the summer rainfall occurs in the form of thunderstorms, and is typically of high intensity and shod duration. However, prolonged periods of rainfall sometimes result from continued inland air flow from the Gulf of Mexico. Hurricanes and less severe tropical depressions are at times major sources of precipitation, especially in late summer. During the winter and early spring the weather is generally clear although the sporadic passage of frontal systems during the winter can result in widespread, light to moderate rains lasting up to two to three days. (EPA 1973). It seems clear that the daily irrigation water volume enhances the saturation of the developed portion of the Pelican Bay uplands which in turn, reduces their ability to accommodate rainfall volume, thus effectively increasing surface and groundwater discharge. This results in noticeable groundwater discharge along the eastern side of Clam Bay. It is observable as a very slight sheet flow and evidences the significance of the altered capacity of the restructured uplands to accommodate the freshwater inputs as it did predevelopment. 4.5.4.2. Proposed Conditions Modifications to the freshwater/stormwater management system are constrained by the need to find solutions that meet the test of being cost effective, logistically achievable, and technologically feasible. The goal is best described as getting the right amount of water through irrigation in the right place at the right time and in the right amount. At present, the PBSD does not know what amount of water is necessary to augment rainfall in order to sustain the vegetation palette that characterizes Pelican Bay, nor does the PBSD know what modifications to that palette might be appropriate over both the short and long term to augment adjustments in water consumption. As s general proposition the PBSD accepts the notion that native vegetation utilizes less water than does non-native vegetation and that the practice of dispersing water through irrigation without regard to rainfall, evapotranspiration rates and vegetation requirements is in need of further study. However, accepting the notion that adjustments are feasible and having the power to enforce the same are not the same thing. Within the Pelican Bay community there are a variety of ownership structures which compromise the ability of the PBSD to enforce ¢ommunih/wide standards for moderating freshwater usage. This reality must be considered in developing any plan for adiustment to freshwater usage. For example, the golf course which consumes on an average day something in the neighborhood of 500,000 GPD is owned and operated by a separate legal entity. It does obtain its water through the auspices of the PBSD, but the PBSD does not have the legal authority to compel a moderation in that use. In like manner, the various individual homes, condominium associations, commercial and retail properties are all owned and operated under various associations with divergent and various interests impacting their willingness to be a participant in any effort to ameliorate water usage within Pelican Bay. The PBSD has direct responsibility for irrigating only about 68 to 70 acres of the common area within Pelican Bay, leaving the remainder of the acreage including the golf course or approximately 630 acres, to be managed by various individual homeowners, associations of homeowners. Accordingly, the Management Plan recognizes the necessity for bringing together these potentially disparate interests and attempting to create a framework which will allow them to work together toward a common goal of developing a series of revised management protocols for limiting the need and demand for freshwater. To accomplish this objective, the Management Plan contemplates a series of studies designed to determine the best and most cost effective way to better manage freshwater inputs to the Pelican Bay watershed and to that end will describe a set of targets for 16818 reporting back on the outcome of various studies and establish various timetables for implementing the results Of the same. 4.5.4.2(a) Study Number 1. Stormwater Detention Volume and Water Budget Analysis This study has been undertaken and its results are incorporated here by reference. The firm of Wilson, Miller, Barton & Peek concluded in a study undertaken in April 1996 entitled "Pelican Bay Waster Management System - Stormwater Detention Volume and Water Budget Analysis" that modification of the existing stormwater detention ponds in order to enlarge there storage capacity was not practicable, given both the constraints of existing development and the de minimis benefit to be achieved. Their analysis demonstrated that only 27 acre feet of additional storage capacity was available and that this represented only 0.7% of the total yearly volume of surface water flow into Clam Bay. (The latter estimated to be 3807 acre feet). It is worth noting that in four of the six Drainage Systems within the developed portions of Pelican Bay, the stormwater detention ponds are currently storing 7% more stormwater runoff than the permitted storage volume, lending further validity to the conclusion articulated in the study. 4.5.4.2(b) Study Number 2. Vegetation Analysis/Irrigation Requirements In order to determine the amount of water necessary from irrigation to sustain the landscape palette within the common areas and golf course of Pelican Bay it is first necessary to determine how much water is required and when, in relationship to the existing landscape. Accordingly, a first study will involve an analysis of the vegetation presently being irrigated by the PBSD and The Club Pelican Bay (golf course), its location within the community and its requirements for water in the ordinary course. This is, at its most basic, a study of the existing irrigation system utilized by the PBSD and The Club Pelican Bay, including a mapping of the existing vegetation which is subjected to PBSD and golf course maintenance. 116B1 8 This study will involve the taking of soil samples in various locations to be determined in order to ascertain the~moisture level and rooting depths of the vegetation in the various locations. During this review, the technician's will also take water measurements from the irrigation system to determine the timing and volume of water that is beincj disbursed durin9 each irrigation cycle. Comparisons will be made between actual water being used in the irrigation system presently and water that should be used for the same ve§etation palette in the same location it: the system were operating at peak efficiency. As an adjunct of Study Number 2, additional data will be collected to determine the chemical content of the irrigation water and the fertilizers, herbicides and pesticides being used within the areas managed by both the PBSD and The Club Pelican Bay. As with freshwater, the application of these chemical constituents to the vegetation and in particular to the tud grasses administered by both groups is significant to improved water quality. The same test applies: the right place at the right time in the right amount. With regard to the other key areas within the Pelican Bay community, the PBSD will convene a panel of representatives from the various homeowner associations and commercial interests with a view to conducting the same kind of analysis and to encourage the same kind of response. In that context, this group will be encouraged to adopt the Pelican Bay Yards and Neighborhood Program as the same might be modified after further review and input from a consortium of these persons. The PBSD will act as the coordinator and facilitator of these meetings, providing both technical support and data to assist the resident base in reaching the decision that the reduction of freshwater usage is necessary for the future ecological health of not only Clam Bay, but of the community as a whole. Accordingly, this study is divided into b, vo parts. The first relates to a joint undertaking by the PBSD and The Club Pelican Bay to determine the matters referenced above and to develop a response to the same. Organization and implementation of the study protocols are to be devised and implemented within six (6) months following adoption of the Management Plan. The study will be completed not later than one year following commencement of the same and the implementation protocols emanating from the study will be phased in over the life of the Management Plan, but to be completed no later than the year 2003. Targeted areas of specific inquiry and areas where there is thought to be potential for improvement involve upgrading of the irrigation system so that it calibrates both evapotranspiration and rainfall inputs as needed at any given location. This analysis also assumes the probable necessity for some adjustment in the quantity and location of sprinkler heads so that the placement of water corresponds with the areas where water is needed. Intuitively, PBSD suspects that the results of the study will demonstrate the following; first, that the system as presently operated is inefficient and tends to put too much water in some places and too little in other places; second, that the system by reason of excessive watering in some areas tends to create pockets of severe leaching into the ground water of fertilizers and pesticides; third, that the imposition of Best Management Practices in the utilization of the existing irrigation system would result in a more uniform and correct disbursal of water thereby avoiding over watering; fourth, that opportunities will be identified for the modification of the landscape palette over time that will allow a measured adjustment to the same. but with significant reduction in the amount of water required to sustain the vegetation over time; and fifth, that the irrigation system itself requires some modification and upgrading to insure that it operates with maximum efficiency. To facilitate the development of this Study, the PBSD will consult with appropriate experts, including, but not limited to the USDA Natural Resources Conservation Service to design the study protocols and define within the context of the broad goals articulated here the precise goals and methodologies required to accomplish the Study. The second part of the inquiry will involve an examination of the potential to retrofit the landscape palette of the common areas and golf courses with vegetation that demands less irrigation than is presently the case. PBSD will undertake this analysis in an effort to identify areas within the community controlled and managed by it and The Club Pelican Bay to determine what, if any, adjustments might be planned for implemented over time. The out growth of this study will be to develop a long range plan that targets areas of opportunity for replanting at various times over time. The goal is to reduce the amount of acreage subjected to irrigation by introducing plant material that requires less irrigation to support it in this environment. In like manner, the PBSD will encourage individual homeowners and associations of homeowners to follow suit, providing them with the technical expertise and support necessary to assist them in making the transition to this planting palette over time. The revised palette will be published and as and to the extent that the PBSD can enforce the same as a requirement of planting new vegetation within the community, it will do so. otherwise, it shall serve as guide to the resident base. 4.5.4.2(c) Study Number 3. Retarding Freshwater Flows into Clam Bay As an adjunct to the Study No. 2, it is also important to understand where water can be eliminated from the irrigation component. PBSD believes that the analysis being done under Study No. 2 will demonstrate that the application of Best Management Practices to the irrigation of the golf course and common areas of Pelican Bay will result in a diminished need for importing water for irrigation. In anticipation of th2, t outcome, the PBSD will initiate dialogue with Collier County to explore alternatives available over a three to five year period for reducing the quantity of treated effluent provided to the PBSD from Collier County, thereby reducing the amount of freshwater being applied through the irrigation system. 4.5.4.2.(d) Study Number 4. Reducing Flow from Perimeter Berm Area to Clam Bay PBSD believes that there exists a present opportunity to reduce flows into Clam Bay and that can be accomplished by reducing back the discharge into Clam Bay by reducing the size of the water control structures and the related discharge pipes that presently 16B18 facilitate the transport of water from the developed section of Pelican Bay to Clam Bay. An analysis will be undertaken to determine the cost/benefit of undertaking this adjustment in the water management system. The study protocols will be designed and completed within 180 days following adoption of the Management Plan, with implementation of the same to follow as soon as practicable. If, as anticipated, it is determined that this adjustment will have a. positive effect on both the water management system and contribute to limiting the flow of freshwater into the Clam Bay ecosystem, then the appropriate permits from the South Florida Water Management District will be processed and once obtained, promptly implemented. In this regard, it should be understood that the time table for processing these permit adjustments from filing to completion will be in the neighborhood of eight to nine months. Accordingly, this process wiII take approximately 14 to 16 months to complete. 4.5.4.2.(e) Study Number 5. Groundwater Flows PBSD believes that the combination of rainfall and irrigation, taken together with the design characteristics of the water management system as a whole, contributes to increased ground water flow into Clam Bay. To determine the present condition of that groundwater flow and in particular the discharge rate of ground water so that the relative contribution of ground water vs surface water can be calculated, PBSD will design and initiate a groundwater monitoring program to determine these flow characteristics. The protocols for the monitoring plan will be developed within 180 days of adoption of the Management Plan and once developed will be implemented as soon as reasonably practicable. It is anticipated that the data collection effort under this test will continue for a minimum of one (1) year or through one complete hydrological cycle. 4.5.4.2(0 Study Number 6. Utilization of Stormwater Management Lakes as Source for Irrigation An additional method of reducing both the inflow of water for irrigation and contributing to a more effective utilization of existing water resources, PBSD will analyze the feasibilib/of using the stormwater management lakes as primary source for accessing water for irrigation. At present, PBSD anticipates that this source may well be feasible pa~icularly during the wet season when the lares are typically filled to capacity. It is thought to be less likely that these facilities will be available in the dry season. Accordingly, this study is projected to develop a recommendation that the stormwater lakes be used as a part of a series of adjustments, all designed to reduce both the need for freshwater irrigation and to better manage the freshwater irrigation that has been and will continue to be a part of the maintenance mix at Pelican Bay. 4.5.4.3 Conclusion The results of the referenced studies are expected to allow the PBSD to develop a variety of additional initiatives to both manage fresh water utilization within the community and. importantly, to reduce the amount of freshwater utilized for irrigation in the community. All studies identified above must be initiated and completed within three (3) years following permitting of the Management Plan. At the completion of all studies, PBSD will prepare a comprehensive report to be submitted to the Corps and the FDEP which report shall (1) detail the results of the studies (2) articulate the conclusions which the studies suggest for modulating freshwater utilization within the Pelican Bay development and (3) set forth a plan for implementing the freshwater/stormwater management adjustments, including time lines for commencement and completion of the proposed activities. None of the proposed activities identified in the report referenced here will be commenced'until the Corps and the FDEP have approved the same following submission to the agencies as above described. Nothing contained herein shall preclude the Corps and/or FDEP from requesting further and additional data or information in the event that the report prepared pursuant to this Section is deemed incomplete in any material ,,';ay. 4.5.5 Ecosystem Enhancements 4.5.5.1 Integration and Modification of Existing Permits Historically, both Collier County and the PBSD have either individually or collectively pursued and obtained a variety of permits designed to adjust one or more conditions within Clam Bay. To van/lng degrees these permits have been obtained and implemented by the permittee. Each of these permits contains various monitoring and performance criteria for certain portions of the Clam Bay system. This restoration and management plan contains additional monitoring requirements that may overlap with those permits already issued. The plan proposes to remove any monitoring conflicts or redundancies and produce a more complete and consolidated data set for analysis and evaluation of the restoration progress of the entire Clam Bay system. The plan will amend and/or modify the below referenced permits monitoring and reporting criteria. To that end, each of the referenced permits shall, by the permitting of this Management Plan, be incorporated by reference and modified as described in this Management Plan. Reference should be had to Section 4.5.6 below for amended and restated monitoring criteria. Permits issued for specific activities in Clam Bay include the following: Permit Number Permit Name Date Issued DEP Permit No. CO-578 DEP Permit No. 11-2870025 DEP Permit No. 11-2859039 ACOE Permit No. 199502789 ACOE Permit No. 199501979 ACOE Permit No. 199500127 Portable Pumps and Pipe Wetland Enhancement Clam Pass Dredging Modification Portable Pumps and Pipes Flushing Cuts Modification Modification Clam Pass Dredging Y~97 5/1/96 4~2~96 4/10~96 1/28/97 6/26~96 8~9~96 10/31/96 4/2/96 (a) Clam Pass Dredging. 16B1 These permits allowed for the emergency maintenance dredging of Clam Pass which as previously noted has closed several times over the past few years. Because of the frequency of pass closure, an agreement was made a part of the Corps permit that a long term management plan for the Clam Bay ecosystem would be prepared and submitted prior to consideration of any additional dredging applications. The Corps has demonstrated flexibility in the application of that condition precedent by favorably reviewing and permitting an extension of the same to allow for additional excavation in calendar year 1997. However, that Inlet Management Plan prepared and submitted by Collier County has received Corps comment suggesting that the same should be reviewed in concert with this Management Plan. If this Management Plan is permitted as applied for, then the long-term maintenance dredging, to the extent required, will be administered according to this Management Plan. (b) Tidal Creeks These permits allow for the reopening of three historic main creek channels and several side channels to provide drainage of the surrounding black mangrove forest basin. Over the years, these creeks have silted in and mangrove roots and pneumatophores have choked the natural flow ways. Both the Corps and the FDEP permits applicable to this remediation effort were issued for five years, expiring in 2001. As permitted, monitoring includes: recording water level elevations through staff gauges and/or groundwater monitoring wells; recording salinity; sampling and analysis of eight vegetative plots; fixed point photography and completion of a baseline monitoring report. Subsequent monitoring reports are to be submitted on a semi-annual basis for a period of three years. Additional tidal creek improvements are proposed as a part of this Management Plan. Therefore, the adoption of this Management Plan is intended to and would supersede and replace the monitoring criteria specified in the referenced permits to the end that one comprehensive set of monitoring data may be obtained and evaluated for the entire Clam Bay system. (c) Portable Pumps and Pipes These permits allow for the installation and temporary use of two portable pumps and pipes to discharge water from Clam Bay when it reaches an elevation determined to result in high water conditions that could negatively impact black mangroves. The FDEP permit was issued for one year and the Corps permit was issued for five years, expiring 2002. It is the intent of this Management Plan, if permitted, to utilize the north portable pump and pipe to discharge water only at peak elevations and during severe storm events that are likely to overwhelm the system to the detriment of the mangrove forest. The north pump and pipe system would discharge water from the stormwater management system prior to entry into Upper Clam Bay. The south portable pump and pipe is designed to discharge water from Inner Clam Bay when that area reaches peak elevations. The use of the portable pumps and pipes will be evaluated as the Management Plan progresses. It is anticipated that the need for these improvements will be eliminated as the remainder of the restoration initiative contemplated by the Management Plan is implemented. On that basis, the portable pumps and pipes are intended as a long term contingency response to be utilized only in the most demanding of circumstances. No long-term biological or water quality monitoring was required by permit condition for these activities and none are proposed beyond the comprehensive set of protocols set forth in Section 4.5.6 below. 4.5.5.2 Withdrawal of Permit Application for Clam Bay Overflow Structure Consistent with the provision of Section 4.5.5.1 above, upon the adoption of this Management Plan, the Collier County Pelican Bay Services Division withdraws its Joint Application for Coastal Permit, Authorization to Use Sovereign Submerged Lands and Federal Dredge and Fill Permit Application entitled Clam Bay Overflow Structures filed with the Army Corps of Engineers and the Florida Department of Environmental Protection on or about April 11, 1996. 4.5.5.3 Evolution of Clam Pass Tidal-Channel Network Within the vicinity of Clam Pass is a network of tidal channels and sediment shoals of various ages and levels of evolution. Like the channels, the shoals are not permanent landscape features but instead are dynamic units that are being contiguously formed, reshaped, and eventually destroyed by normal tidal action and periodic storms. Typically, during a major storm, the sandy sediments in the channels and forming the shoals are "blown out" through inlets in the Gulf. It is following such storm events that Clam Pass and the inner tidal channels are at their deepest. Then during subsequent no-storm years, beach sand moving along the littoral beach front gets "pumped" in by tidal action through the pass and into the inner network of channels where it accumulates, Over time the channels fill in with sand and shallow shoals are formed The present situation reflects a relatively long interval since the last "blow out" and an almost continuous corresponding period of sand accumulation. It for this reason that it has been necessary in the past to dredge the pass to increase its cross section and depth for tidal exchange. Those recent dredging actions did not materially affect the sediment accumulations in the inner tidal channels with the result being the formation of three major shoal systems of differing ages and stages of evolution. At the present time there is a continuing net accumulation of sand within Clam Pass and the interior tidal channel network as a result of tidal pumping. If this sand is not removed, accumulation will continue concomitant with a decreasing flow cross section and a corresponding reduction in tidal exchange - at least until the next major storm event that either reopens 01am Pass (in ils present location) or opens a new pass (as in the past). This decreasing tidal exchange will further contribute to the deterioration of the interior mangrove forest, and, significantly reduce the probability of natural or assisted recovery of native vegetation. Accordingly, the no corrective dredging option has been rejeoted and the dredging plan is more comprehensively analyzed in ,Section 4.,.5.2 above. The determination to excavate both Clam Pass and the support channels running to Outer Clam Bay gives rise to a concomitant need to dispose of the spoil generated by such activity in a fashion that is not only respectful of the natural environment presently in place, but that will, if implemented properly, enhance ecological diversity and productivity within the Clam Bay ecosystem. Additionally, the need to dispose of spoil requires that it be done consistent with existing technology, and that the process for disposal be both logistically feasible and cost effective. It is out of these concerns that the spoil disposal plan described above emerged. 4.5.5.4 Dead Mangrove Removal and Landscape Restoration For aesthetic reasons and to facilitate restoration, the majority of the standing dead trees along the coastal development road should be removed. Removal can be accomplished with chain saws to cut the trees trunks at close to ground level and to buck (cut) the trunks and limbs into small pieces (18 to 24 inches). All of the bucked slash (cut wood) should be placed in contact with the sediment to facilitate natural decomposition - wood not in contact with the sediment will only decompose very slowly. A number of the tallest trees should be left standing to serve as perches for birds. By leaving the bucked slash onsite to naturally decompose eliminates the significant problem caused the physical removal of the trees which would necessary result in extensive sediment disturbance and compaction. In terms of tree removal intensity, all standing dead trees should be removed from within about 20 feet of the Strand road, together with 50 percent of the remaining dead trees in the area. From the road, the foreground would be totally cleared of dead trees whereas dead trees would remain in the background but these tend to visually blend in with the living forest backdrop. To accelerate restoration at minimal cost, mangrove starter islands should be established at random suitable locations throughout the area of mortality. Mangrove starter islands are irregular circles or polygons approximately 3 yards in diameter within which the substrate has been tilled and subsequently planted with a high density of older reproductively-mature (2 to 4 feet tall) potted or root-balled mangroves of several species. The substrate is prepared by tilling (literally turning over the soil with a spade to loosen it to a depth of 1.0 to 1.5 feet) to improve substrate aeration. The planting holes are then excavated, partially filled with mulch and slow-leach fertilizer and the plants planted. When the island has been planted the substrate surface is then covered with surface litter (leaves, twigs, debris) from a nearby natural forest area. The started islands are then fertilized every three months for one year. Starter islands serve several important purposes. First, they are aesthetically pleasing and provide "instant" visual landscape diversity. Second, they serve as a local propagule or seed source which results over time in a lateral expansion of the island. Finally, they serve as a microhabitat and refugia for resident and transitory arboreal and cryptic fauna. Also, from a more practical view, starter islands are a reasonable substitute for the uniform planting of large areas with small plants. VVith specific regard to the barren areas around Clam Bay, they are far removed from existing seed sources such that only the relatively small seeds of the white mangrove are capable or being transported to those areas. Thus, having starter islands with the other mangrove species would create a viable opportunity for local regeneration. The only issue concerning the location of the islands is that each should be linked, minimally with a ditch, to a nearby surface water. 6B18 4.5.5.5 Cattails In the more northern reaches of the Clam Bay system where salinities are extremely Iow, there are viable populations of cattails. Although not desirable, this type of aquatic vegetation is notoriously difficult to remove. However, in the context the broad plans to restore the hydrology of the system, it is likely that the planned increase in surface water salinity will serve as a control on cattails which are salt intolerant. Accordingly, over time the cattail population will be subjected to salt stress and eventually decline, and therefore no overt cattail eradication measure is proposed as a part of this Management Plan. 4.5.6 Monitoring The monitoring is designed to not only continue the development of the base line data that gives rise to these recommendations, but to develop additional data that will suggest alternative management options and evaluate the success of the management protocols that have been implemented. Five areas have been selected for periodic monitoring. They are as follows: Salinity Monitoring Biological Monitoring Sediment/Water Quality Monitoring Hydrologic Monitoring Seagate Culverts Flow Monitoring These five areas represent important indicators of the overall well being of the Clam Bay system and each is discussed below. 4.5.6.1 Salinity Monitoring The inflow of both freshwater and salb, vater Clam Bay is of primary importance to the biological communities and the overall health of the Clam Bay ecosystem. An important component of the Management Plan is to evaluate any changes to fresh and saltwater inflow into the Clam Bay as a result of implementing the Management Plan. A salinity data set will be developed for Clam Bay to evaluate the impact of selected management options on changes in salinity. The management options to be evaluated consist of maintenance dredging and expansion of existing channels at Clam Pass and the interior tidal 'creeks and how those impact on the distribution of salt and freshwater in Clam Bay. To better refine the salinity data set for future use and to obtain a better understanding of the fresh and saltwater distribution in the Clam Bay six (6) continuous salinity 6B18. q monitoring units are recommended. These monitoring units would provide information on, not only short-term, but long-term changes in the bay as well. The six locations for the salinity monitoring units are to be located as follows: one at the southern and northern end of Outer Clam Bay, one in the vicinity of Clam Pass, one at the northern and southern end of Inner Clam Bay and the sixth at the northern end of Upper Clam Bay. Salinity monitoring is an ongoing activity of the PBSD at three of the six locations with a fourth being managed by the Collier County. Natural Resources Department. This management protocol contemplates the continuation of these data gathering activities following implementation of the Management Plan and the addition of two more monitoring stations. The salinity monitoring protocol contemplates quarterly analysis over a period of one week. The Clam Pass station would provide information on saltwater inflow while the Upper Clam Bay units would provide information on salinity distribution in this portion of the bay. The Inner Clam Bay stations would provide an interim calculation to monitor consistency and/or deviations as seawater moves north through the system. The Outer Clam Bay station would provide insight into the effectiveness of both the enhanced tidal prism and the Seagate Culverts retrofit on salinity within the southern reaches of the system. (See Figure 3.2.3.1(a)) The recommended equipment for this monitoring function is a Micro CAT SBE - 37-SM with serial interface and memory. It will record over 100000 data points for salinity, temperature and time over intervals ranging from 14 days to over two years (10 minute sampling intervals). The desired sampling interval will be field determined. Once programmed and deployed, data can be down loaded with a lap top computer. This information would assist in further evaluation of salinity patterns and future modeling activities. This management option would be coordinated with PBSD's ongoing water quality monitoring program. 4.5.6.2 Biological Mon'itoring 16B18 To determine the long-term status of the biological condition of Clam Bay, it is recommended that several parameters be monitored on an bi-annual basis. These parameters would include the distribution of: · Seagrasses; · Wetland plant types including mangroves; · Exotic plant species; and · Selected wildlife. Seagrass distribution, abundance, and species richness appears to be tied to the dynamic behavior of the shoals, salinity, and light within the area from Clam Pass to the south and into Outer Clam Bay. It is recommended that a continuing survey program be implemented on an annual basis. The need for this work is apparent given changes in grass bed location and size proposed in this Management Plan. The kind of seagrass growing in each sub-area also' reveals long term salinity and light conditions and when coupled with the salinity monitoring results will serve as a check on those reports. Wetland types and distribution as well as mangrove types and distribution need to be monitored closely. The system is large and difficult to access, but aerial photography can be interpreted with meaning and on ground verification of the aerial photography can be undertaken selectively and with precision. The specifics of this task are linked to the modifications to the interior tidal creeks and the monitoring protocols are defined there. Another related need is the monitoring of exotic plant species encroachment into the spoil disposal sites within Clam Bay. Attention will be given to exotic infestation within these communities and to the extent encountered, appropriate steps will betaken to insure that the percent of cover is kept at or below 1% of the surface area of any one spoil disposal site. 4.5.6.3 Sediment/Water Quality Monitoring. To determine the present and prospective quaiity of the sediments in the stormwater runoff, and in particular the character of the nutdent loading resulting from the same will require that the program of sampling and monitoring of various water components as is presently being performed by the PBSD and Collier County be continued and consolidated under the Management Plan except as otherwise described herein. In this context there are four locations located along the eastern berm that separates the mangrove estuary from the developed areas of Pelican Bay, as well as, three sampling stations located in the Clam Bay area itself. The latter three are located in Outer Clam Bay, inside Clam Pass at the point where the channel cut takes the main portion of the tidal exchange to the north and at the northern terminus of Inner Clam Bay. A foudh station will be added in Upper Clam Bay. Except for the addition of salinity monitoring, the protocols tested for at each of these stations will remain as presently conducted by the PBSD. Accordingly, at the four units located within the bays, PBSD will test for salinity, Silicate, Nitrites, total Organic Carbon, Chlorophyll, Phaeophytin, temperature, pH, conductivity, dissolved Oxygen, total Phosphorous, Nitrate, Nitrate Ammonia, total Kjeldahl Nitrogen, and total dissolved solids. At the monitoring stations located along the interior berm at the eastern edge of Clam Bay, the monitoring will include each of the parameters from temperature through dissolved solids listed above. See Figure 3.2.3.3.(a)) for the location of these monitoring stations. It is anticipated that this program will be conducted on a quarterly basis during the life of the Plan with reports to be submitted semi-annually. 4.5.6.4 Hydrologic Monitoring. 16B1 8, In order to ascertain the workings and effectiveness of the improved tidal amplitude contemplated by the remedial action recommended by this report a program of hydrologic monitoring will be implemented. The movement of tidal water will be catalogued as will water levels at various times over the life of the project This monitoring will include analysis of tide.measurements, rainfall, and groundwater accessing the system in order to better understand over time both the amplitude and duration of the flood and ebb tides behavior within various parts of the geography of Clam Bay. The plan contemplates three (3) recording tide gauges that will operate continuously. They are located at Clam Pass, Outer Clam Bay and Inner Clam Bay. Additionally, Tide Staves will be field located within Clam Bay to augment the automated tide gauge readings. Locations of tide gauges and staves are shown on Figure 3.2.3.1(a). Bathymetry readings at ten (10) locations to be field located will complete the hydrologic monitoring protocol. 4.5.6,5 Seagate Culverts Flow Monitoring. In order to understand the working characteristics of the Seagate Culverts as modified, the flow velocity of the culverts both pre and post modification will be monitored by use of a flowmeter. Flow will be measured at least once every hour at the Iow tide and ending at the high tide of Venetian Bay. Time, direction and flow velocity are to be measured and from that approximate quantities of water through the culverts is to be computed. [See Sections 4.5.1] 0~.042680; :1¢~2 9.5 4.5.7 Contingency Planning The research and analysis which supports this Management Plan indicates that the increased tidal exchange and the long term modifications of freshwater inputs into Clam Bay will rectify the conditions responsible for recent mangrove die-off and restore the bays to a more productive condition, it would, however, be unreasonable to believe that all future responses of a system as complex.as the Clam Bay system could be precisely predicted. Moreover, it is expected that, once the system has adjusted to the proposed changes, areas for further improvement will become apparent. To maintain operational flexibility, the Management Plan includes provisions for future contingencies. This approach is both desirable and consistent with the overall intent of the Plan; to create operational flexibility in the long term management of Clam Bay. Accordingly, four areas of contingency planning have been identified and are discussed here. 4.5.7.1 Clam Pass/Main Channel After the completion of the initial restoration of the pdmary flow channels within the Clam Bay system, the system performance will be maintained as previously discussed. If it is found that maintenance activities are required or that further improvements could be realized by work of a character similar to that authorized in the initial restoration, such work will be considered to fall within the provisions of the Contingency Plan. Before undertaking such Contingency Work, PBSD shall submit to the permitting agencies the following data (1) plan and cross-section views of the areas proposed for maintenance, (2) calculations of excavation quantities, (3) the timing of the maintenance excavation including the duration of the proposed activity and (4) such other matters as the permitting agencies might reasonably require. It is recognized that PBSD must obtain the prior approval of the permitting agencies for the implementation of Contingency Work in the Pass and the main channel. Notwithstanding such requirement, it is not intended that the process of approva~ for Contingency Work in the Pass and/or the main channe~ v/il~ rise to the leve~ of a full Permi! review, ~l being understood that Contingent! Work within the system described in the Plan is a permitted activity, provided that such Confin§enc¥ Work is consistent with and does not exceed the design and implementation criteria specified in F'DEP Permit No. 01284B3-001-JC. 4.5.7.2 Interior Tidal Creeks The excavation of the interior tidal creeks described in Section 4.5.3 above contains the operative contingency protocol. Sub Management Areas I and IV will be restored as a first response with work in the other Sub Management Areas to be undertaken, if at all, only to the extent required to achieve the then determined field improvements. After the work Jn Sub Management Areas I and IV has been completed together with the work at Clam Pass and the main entry channels, then an evaluation of the results of the same will be undertaken in the field and recommendations made with regard to, whether or not and to what extent, additional work on the interior tidal creek system is needed. If it is determined that additional work is desirable, the PBSD will file a report with the Corps and FDEP advising them of the findings and detailing the proposed scope, location and rationale for the additional excavation. The Corps and FDEP may, at their option, comment on the proposed work, but absent a finding of material and substantial change that impairs the ecological integrity of Clam Bay or that the proposed work exceeds the contemplated scope of excavation as detailed in Section 4.5.3 above or that the proposed work, will, based upon a new finding or more current data compromise the ecological health of the Clam Bay system, the PBSD is authorized to implement the additional excavation. All additional excavation undertaken pursuant to this Section shall be in conformity with the excavation protocols set forth in Section 4.5.3 above. 4.5.7.3 Seagate Culverts 15B18. The installation of the flow control structures to the Seagate Culverts is expected to contribute to an increase in the tidal prism in Outer Clam Bay. It is not expected to have any detrimental effect on the operational characteristics of Doctors Pass or the Moorings Bay system. Therefore, as and to the extent any post installation review of the operational characteristics of the S.eagate..Culverts rev. e.a!.s a. ny level of disintermediation in the operation of the Moorings Bay System or of Doctors Pass, a reevaluation of the Seagate Culverts will be undertaken and such adjustments as are suggested by the evidence will be evaluated and, if appropriate, made in the operation of the Seagate Culvert system. This may include, among other modifications, the reestablishing of the oscillating flow characteristics that preceded the installation of the control valves. As and to the extent that the post installation data suggest a return to the pre modification condition, this modification will require the concurrent consent of the Corps and the FDEP before implementation. The PBSD will submit to the Corps and the FDEP such data as is reasonably necessary to evaluate the recommendations of the PBSD and the Corps and FDEP will evaluate the same in accordance with their established procedures. The PBSD will implement the recommendations that emerge from the review by the Corps and the FDEP. 16B18~ ATTACHMENT B: PERMIT DRAWINGS SHEET 1 6 ? 8 9 10 11 t2 13 ]6 17' 18 19 20 21 22a 22b 22c 23 2,-: 27 28 29 3O 31 32 33 34 FIGURE 1.1 1.1(b) 1.1.(c) 1.1(d) 3.2.2.1[ai 3.2.2.1(b) 3.2.2.1(c; 3.2.3.1¢a) 3.2.3.3/a) 4.4(a) 4.4(b) 4.5.1 4.5.1(b) 4.5. l(c) 4.5. 4.5.1(el) 4.5.11e2) 4.5.2(a) 4.5.2(b) 4.3.2(c) 4.5.2(d) 4.5.21e) 4.5.2(f) 4.5.2(g)(1) 4.5.2(g)(2) 4.5.2(g)(3) 4.5.2(h)(k) 4.5.2(I) 4.5.2(I) 4.5.2(m; 4.5.2(nl 4.5.2(o) 4.5.3(a) 4.5.3Ib) 4.5.3(c) 4.5.3(dl) 4.5.3(d2) 4.5.3(e) 4.5.3(f) INDEX OF FIGURES DESCRIPTION Location Map 1992 Mangrove Die-off Areas 1995 Mangrove Die-off Areas 1996 Mangrove Die-off Areas Map of Clam Bay Map of Pelican Bay Stormwater Management Map of Pelican Bay 5tormwater Management (Soulh) Salinity and Tide Gage Field Stations Water Quality Monitoring Stations Restoration Implementation Schedule Water Study Implementation Schedule Location Map - Seagate Culverts Existing Conditions - Seagate Proposed Improvements - Seagate Check Valve Detail Erosion/Turbidity Control Erosion/Turbidity Control Plan View of Constrictions Mean Tidal Cycle Water Surface Cumulative Frequencies Representative Water Depths Model 1; Creeks and Bays Model 2; Storage Areas Alignment of 4A of the Channel Sheets 1 and 2 showing Seagrass Disbursement Sheets 3 and 4 showing Seagrass Disbursement Excavation/Disposal Plan -Cuts 1, 2, & 3 Excavation Plan; Cuts 3 and 4 - 4D Typical Cut Sec"tions Organisms Offshore From Clam Pass Hardbottom Transect Locations Spoil Discharge and Mixing Zone Locations Photographs of West Side of Upper Clam Bay Phase One Sub Management Area Phase Two Sub Management Area Phase Three Sub Management ,Area Phase Three Sub Management Matrix of Channel Excavation Priorities Cross Sections of Main Channels 36 37 38 4.5.31g) 4.5.3/h) 4.5.3d) Lateral Channels and Swales Methods of' Spoil Disposal Methods of Spoil Disposal ('2) 16B184 OR0_o.9..I PAHA~A 16B18 ~ S7. AU~USTfN£ BEACH CITY PROJECT LOCATION LLIER COUNTY I I KEY WEST LOCATION MAP CLAM BAY lWILSON-~MILLER-- Figure ~.~(a) 2..?R. 6, 5-) V'a'ND£Rt~iLT ROAD 1992 OI£-OVV AREA = (7.4 ~¢.) LOCATION OF 1992 MANGROVE DIE-OFF AREAS PELICAN BAY SERVICES DIVISION { rqaure ~ILSON ~'~(~) MILLER LEWIS ENVIRONMENTAL SERVICES, INC. VAND£RBiL T ROAD 0 1995 DIE-OFF AREA = (29.6 LOCATION PROJECT: CLAM BAY OF 1995 MANGROVE DIE-OFF AREAS _APPUCANT: P~LICAN Vv' II.,S 01,4 lvtlLLER BAY SERVICES D/VIS/ON I,RWIS ENVIRONMENTAL SERVICES, INC. Figure :.l(c) 199602789 (IP-CC: APR. 6, ~ c~ ND£R CH C ~ FEB., 1996 TOTAL LOCATION OF PROJECT: OLAM 8AY ~=PUCx~: PELICAN V,;ILSON DIE-OFF AREA = (8.9 ac.) DIE-OFF = 45.9 ac. 1996 MANGROVE DIE-OFF AREAS BAY SERVICES DIVISION LE ~I_S_ ENVIRONMENTAL SERVICES, INC. Figure 1. 199602789(IP-CC) APR. 6, !99~ S~-~¥E 16B1 8.~ ;/ 16fJ~ 8 ,, ~ TIDE ~u(;E m SALJNITY 0 TIDE STAFF GAUGE 0 CURRENT SALINITY AND TIDE GAUGE FIELD STATIONS PROJECT: CLAM BAY Figure ,,u:PUCXm': PELICAN BAY.SERVICES DIVISION 5.2.3.1 (a) V, zILSON MILLER COLLIER ~A,m~.. I997 TACKNEY AND ASSOC., INC. '~'.' -- ~ ~- COASTAL ENGINEERING ~ ~ NO 102-~0~ l -~P~ P~- 79 O. T. TACY, N'-EY ~ I~Go 205-3~ Ii 199602789 (IP-CC) i ,Il :~P,. 6, z998 I 4 EXISTING AND PROPOSED WATER QUALITY MONITORING STATIONS PROJ£C'T: CLAM 8A Y ~gu?e ~Pu~: PELICAN BAY.SERV/CES DIWS/OM ~.~.~.~.(o) COASTAL ENGINEERING ~ ~ 8 tl 1! II II Il ti i i , 0 z,,L91 199602789(1P-CC) APR (~. [998 C PRO~ECT: PELICAN LOCATION MAP BAY/CLAM BAY-SEAGATE CULVERTS IMPROVEMENTS t ,'¢Puc,~m PELICAN BAY ,SERVICES DIVISION WILSON I L L E Ri- ,, ~',, .~,,, ~2 Figure 4.5.1 .(o) 199602789(1P-CC) APR 6. 1998 PLAN VIEW SECTION PELICAN EXISTING CONDITIONS BAY/CLAM BAY-SEAGATE CULVERTS IMPROVEMENTS ,~PUCXNT: PELICAN BAY SERV/CES D/VISION Figure 4.5.1.(b) 199602789(IP-CC) APR 6. 1998 TUR~TY g.~l~ --~ ~ ~p£ ~ 6B 1 8~ PLAN ViEW INSTALL CONCRETE HE_ADWALL, J - ?IDEFLEX CHECK VALVES AND R/P-RAP SEDIMENT BASIN DITY BAR~fR I~oTrou [].cvxr~o~ . (-)..~o LEx C.,RN) £ ~%--------- - SECTION l' - 20' HOf~ZONT,~L N.r.s. 'WT.R'nC,4. PROJECT: PROPOSED IMPROVEMENTS PELICAN BA Y. Y~/CLAM BAY-SEAGATE CULVERTS IMPROVEMENTS ,~PUC. X~: PELICAN BAY ~ERV/CES D/V/S/ON LSON-~ M ~ WI 'ILLER ,, Figure 4.5.1.(c) 199602789([P-CC) APR 6. 1998 43" L~"VEL I 24' RCP BALL TIDEFLEX TF-2 CHECK' VALVE N.T.S. CHECK VALVE DETAIL PROJECT: ,~Pu~: PELICAN BAY SERVICES O/V/S/ON PELICAN BAY/CLAM BAY-SEAGATE CULVERTS IMPROVEMENTS '~IL~$ON ~ MILLER COUJCR 15 4§$ 0103-081 -GO5 r~gure 4.S.1.(d) 199602789(~-CC) APR 6. 199,~ £LE~/ATtON TYPICAL SILT FENCE BALES TO 8UTT SECTION N.T.S. y ~r. mOR a~LF.S ~ 2 - 2' x 2' x 4 STAKEc PLAN 2' x ""' /" L. o0S~ SOIL PLACED BY SHOVEL ..... ~ ~ J ~_ UGHTLY COUPAC'rED ALONG ~,~t. % / UPSTREAM EDGE OF BALES · FILL SLOPE SECTION TYPICAL BALE SILT BARRIER N.T.S. EROSION/TURBIDITY CONTROL PLAN PRCk~rCT: PELICAN ~PUCx~: PELICAN BAY SERVICES D/V/S/ON BA Y/CLAM BA Y-SEAGA TE CULVERTS IMPROVEMEN?S XKJILSON MILLER COLDER 495 F~gure 4.~.i.(el) ST'ET:~HEN A. 6IE,A~S 199602789(IP-CC) APR 6. 1998 CLOSED CELL SOUl:)-t Pl~'nc FOAX~ . \ POST (OPTIONS: FL. OATATJON (6'DIA. \ 2' x 4' OR 2 I/Z' EOIV.)(12 LI~S. PER \ MIN. DIA. WOOD: STEEL J 6' MAX I .j/ -,--_, [. _uZ_.- NTU~N I I L -' =/~' POL'mRO I ~ ;; ~ _~.q.£~.c[D ~vc IfF-RoPE (600 ui / ~1 . It Il Il 7 II ~A~c (30o PsiIII eRUxIN¢ / -~l hi! ii ;; / FLOATING C~vA~rZ~ ,~ oz I-LOATING TURBiDiTY=I t t c~" STAKED TURBIDITY BARRIER~'LoN' ~ RE1NF'ORC BARRIER "J' ~ wc FAa~-~Cc (.300 PSi T~-r) CONST~U~O/~ '""TUR BIDFTY BARRIERS .J SHORE UNE AP P LICATIO N...____S TURBIDITY BARRIERS N.T.S. EROSION/TURBIDITY CONTROL PLAN PROJECT: PELICAN BA Y..~/CLAM BAY-SEAGATE CULVERTS IMPROVEMENTS AJ:'PUCAm: PELICAN BAY SERVICES D/VIE/ON Figure MILLE 199602789([P-CC) APR 6. 1998 TG-3 O. AU 8AY PASS o CL~ 18 PROJECT: TG - TS - ~;ILSON TiDE GATE ~ ~OE STAFF PLAN VIEW OF CONSTRICTIONS IN PRIMARY CREEKS, CHANNELS &:: CLAM BAY PELICAN BAY SERVICES D/VISION TACKNEY AND ASSOC., INC. COASTAL ENGINEERING BAYS Figure O. ?. FLA. ~C. 20583 199602789(IP-CC) APR 6. 1998 I I APPROXIMATE MEAN TIDAL CYCLE FOR GULF AND INNER CLAM BAY - JUNE GULF 6, 1996 1 O0 % 10% [ 0 WATER SURFACE CUMULATIVE FREQUENCIES PROJECT: CL.~M EA Y A~PLICAN'T: PELICAN BAY SERVICES DIVISION VFILSON O TACKNEY AND ASSOC., INC. '. COASTAL ENGINEERING MILLER Figure 4.5.2.(b) 4.5.2.(c) 1996o2789(IP-CC) APR 6. 1998 -Zl ]6 18~ -I.7 .INE PASS C~rER 0_~ 8AY -ij -L7 -j REPRESENTATIVE WATER DEPTHS PROJECT: C~M ~AY A~PUr_.ANT: PELICAN BAY SERVICES D/V/S/ON X~ZILSON O TACKNEY AND ASSOC., INC. " COASTAL ENGINEERING MILLER Figure 4.5.2.(d) o. T. TACY,~L'Y FLA. R~C. 20~ 199602799(IP.CC) APR 6. 1998 P^$S ex'r R=O. JIII ley. CL/~ PASS UPPER STORA~ AREA LOWER STORAGE AREA 16B18i MODEL-1 (UPPER CREEKS &::: BAYS) MODEL-2 (STORAGE AREAS) PROJECT: CLAM BAY ¢¢PUC. ANT: PELICAN BAY SERVICES D/V/S/ON ------' . TACKNEY AND ASSOC, INC ~'~,,, ~L~,~ !"""x¢~.. ,997 MILLER ....... r[gure 4.5.2.(e) 4.~..2.(f) D. L 199602789(FP-CC1 APR 6. 1998 CLAM PASS SHEET 4 18 SHEET .3 SHEET 2 SHEET i OUTER CLAM BAY PROJECT: REFER TO CLAM BAY FIGURES 4.5.2(9)(2) AND 4.5.2(g)(3) FOR BREAKOUT SH .... ALIGNMENT OF SECTION 4A OF THE CHANNEL .o..E..,=,,.c PURIDO~£~; ONLY APPLICANT: PEL/CAN 8A Y SERVICES DIV/S/ON 1¢ZILSON O .. TACKNEY AND ASSOC., INC. COASTAL ENGINEERING MILLER Figure '~.5.2.(g)(l) FLA. SHEET 30-gO~ Holo~ule 60- HaloCule $0-~0,-. Ha~oc~ule 70-80:: X~gae Shot1 Cross · Uqae Coverea Restrlctea West 40-50~. ~0-5C,': Restrlcteo to West S;c~e 65-70Z HOIoOule < 20% Pa:thy PROJECT: C~4M 8A Y ..,I. A~=PLICAm: PEL/C,4N 8AY S~:_RV/CES D/V/S/ON · ' Vv'ILSON.. e '. TACKNEY AND ASSOC., INC. COASTAL ENGINEERING MILLER FOR m~R~JTiNC 1 PURP0_~ £$ ONLY ?icure ! 996027~9(IP.CC) APR 6. 199.S SHEET 3 ScO~re,'J <~0~. Heavity Scourea Mon~roYe < 5X Shor~ -Algo Co~erea 50-50% f0- ;SX Heavily ~hort -A/gO 60- 70:~ Scourea Short Coverco SHEET ,4... 6F l 8.4 Mono;rove 5-10, Short Coverga 6O- Scourea PROJECT: CZ.AA// 8A Y Appuc.,~'r: PEL/CAN BAY SERV/CE$ D/V/S/ON W' ON TACKNEY AND ASSOC., INC. ~~,~"~ ~_ ,d~.~.. ,,9, MILLER COASTAL ENGINEERING ~,,,~_~,,-~,_,..~.o_~ ,,~ .~ ,o-2o,. Short Scoured Sco~r~a Very Heov;~y Sco~ea ~R PER~I~,NO ONLY Figure 4.5.2.(g)(3) D. ;. TAC~N~ rt.x. R£C. 20853 199602789(IP-CC) APR 6. 1998 UPPER BAY gte Enaing Point 1Sft CH,,m,,4NEL ?,.T0 ~t LEN¢i'H Aoorox;mate Beginnin9 Point NORTH BOARO'#ALX )fox;mote (:UT ~r 2 20fl O"IANNEL 55O tt LF. NG~ AOproxlmote Beg;nning APPRox~,,m, TE LOCATION OF SPC:L OISPOSAL AREAS FOR CUTS PROJECT: SILT FENCE/~ FILTER FABRIC ,j.., CUL____~F F~ ~PICAL SECTION SPOIL DISPOSAL EXCAVATION/SPOIL CUTS 1 &: CLAM DISPOSAL PLAN 2 &: 3 FOR PERMIt';NC PURPOSES ONLY APPUC,a, NT: PELICAN BAY SERVICES D/V/S/ON ~v'ILSON e - TACKNEY AND ASSOC., INC. COASTAL ENGINEERING MILLER I agure ~ 4.5.2.(h) ':'""~~ ~.5.2.(;0 O. : TACK~L'9" rL~. ~EC. 2085.~ i 99G027,~9{~.C'C) ! 1, I ~ 1-~.,-:~ I I I ~ IIIii I t~t IIII III i111 III Itttl !llltll iii t tl 199602789(IP-CC) APR 6. 1998 LOCATION MAP PROJECT: PELICAN BAY/CLAM BAY-SEAGATE CULVERTS IMPROVEMENTS APPUCANT: PELICAN BAY fiERV/CES DIVISION WILSON~MILLER~" ,, =~' ] "' ~ ~ 010381 P~-79 Figure 4.s.~.(a) 199602789(IP.CC) APR 6. 1998 Crr~) PLAN VIEW SECTION EXISTING CONDITIONS ~o~[c~: PELICAN BAY/CLAM BAY-SEAGATE CULVERTS IMPROVEMENTS ,~Pu~: PELICAN BAY SERVICES D/VISION COLLIER IS 495 0103-081-005 Figure 4.5.1.(b) 199602789(IP-CC) APR 6. 1998 ~ 3 - TIDEFLEX CHECK VALVES . ~ RIP-RAP 5EDIMENT BASIN T~ OF ~p-~ _PROJE~: PELICAN BA~/C~M BAY-S~GATE CULVERTS IMPROVEMENTS ~gure ~Pu~: PELICAN BAY .SERVICES [?/VISION 4.5.1.(c) ILSON t~ M ~ L L -- 199602789(IP-CC) APR 6. 1998 ~6~1 '~WATE:R LEVEL. ~///////////////~ ~////////////// 43' C 1 24' RED BALL TIDEFLEX ~ N.T.$, CHECK VALVE DETAIL ~ROO~CT: PELICAN BAY/CLAM BAY-SEAGATE CULVERTS IMPROVEMENTS ~,uc¢~: PELICAN BAY SERVICES DIVISION 'gVIL~$ O~~N ~ M IL L E ~ kl~ Ill, IMek~ ~ MIM,-M,e? ~ {~,il! ke--4444 ~ (Nil COU.]ER r03-081-005 15 Figure 4.5.~.(d) 199602789(IP-CC) APR 6. ! 99~ POST -~J_ 6' UAX. £LE~/^T~ON POSITION ,1 ~ C PLE PO'ST ~L~*// Posrr,o. (c.~rED ;,----~ 2~ ~ow~ r~o~ 'I ~ /CONFORM, A~CE WITH ' ~) ~SEC. gas FDOT SPEC.) ) ~ ~ ~LTER F~R)C JjJj J~ ~SiL~OW , I~----~ . ~~ BURIED DEPTH II U- TYPICAL SILT FENCE SECTION ~ N.T.S. ANCHOR BALES WITH 2 - 2' x 2' x 4' STAKES PER BALE FLOW PLAN PROJECT: PELICAN STAKE ~/UPSTREAM EDGE OF ELALES SECTION TYPICAL BALE SILT BARRIER EROSION/TURBIDITY CONTROL PLAN N.T.S. BA Y/CLAM BA Y-SEAOA TE CULVERTS IMPROVEMENI'S ~PUC~rr: PELICAN BAY SERVICES DIVISION WILSON M E 495 O l OJ-O~ l -O0$ PE'I?- Tg U,C.R. 16 ¢v d8 Figure 4.5.1.(el) 199602789(IP-CC) APR 6. 1998 " CLOSEO CELL SOLID m . PL,~-nC ro,,~,~ · \ ,: POST (.OPTIONS: F'LOATATION (6"' DIA. \ 2' x 4 OR 2 1/2' EQIV.)(12 LBS. PER \ MIN. DIA. WOOD: S-F. EELI = .... I --r-. / /'~-~a oz. N'n,.ot~ .~ / Ra.rORCEO ~'C I-ff/-ROPE (600 LB. / OI . I/ II II 7 I I r~R~C (ZOO PSi /11 I]R~KING / =1.... "r'nl / Il i~ / II 'rEST) ~nm L~,aN¢ 14.1 smENm'~) / "'/ ":::' I/ '.] ~l / FLOATIN c~v~,z[o -- '--,a oz ~ ~u~~°]tI c~. S~AX~D ~u~rry ~A~~o.' ~ ~ l: z REINFORCED _BARRIER ~ F/~IRI¢ (300 PSl TEST) CONDUCTION SHORE UNE BARRIER APPLICATIONS TURBIDITY BARRIERS N.T.S. EROSION/TURBIDITY CONTROL PLAN PROJECT: PELICAN BAYz/'CLAM BAY-SEAGATE CULVERFS IMPROVEMENTS · ~PU~: PELICAN BAY SERVICES D/VISION XVILSON ~ MILLER COLDER 4g$ 0105-081-005 Figure 4.5.1. (e2) 199602789(FP.CC) APR 6. 1998 TG - T1DF GAT~ TS - T/OF STAFF IN 16B1 / C~ BAY OUTER CLA~ BAY PLAN VIEW OF CONSTRICTIONS PRIMARY CREEKS, CHANNELS & BAYS PROJECT: CLAM _A.'='~UCA~: PELICAN BAY SERVICES D/V/S/ON ~VILSON TACKNEY AND ASSOC., INC. " COASTAL ENGINEERING MILLER. Figure 4.2.2.(0) O.T. 199602789(LP-CC) APR 6. 1998 GULF LOW I ;I BAY LOW f BAY HIGH 6B18 ' i 14:00 I~" O0 16:00 17:00 APPROXIMATE MEAN TIDAL CYCLE FOR GULF GULF AND INNER CLAM BAY - JUNE 6, 1996 I00~., 50% 0 ~ UPP~ ~co %~, INNER CLAU BAY -I.0 0 BAY 1.0 2.0 WATER SURFACE CUMULATIVE FREQUENCIES PROJECT: CLAM BAY ~Puc,~rr: PELICAN BAY SERVICES O/VISION WILSON ~l~ .. MILLER TACKNEY AND ASSOC., INC. COASTAL ENGINEERING I .~2...13 495 2~'~ I NOlO2-OSO-OOl-f'Rp~lff~ _ I LI, l.B./918 J I9 =r ~ Figure 4.5.2.(5) 4.5.2.(c) O. T. T~,I~ 199602789(1P-CC) APR 6. 1998 UATCH LINE MA' CLA~ PASS -J INND:J .-Zl -La -IJ ~2 ,,.I.~ -Zl -IJ -LO REPRESENTATIVE WATER DEPTHS PROJECT: CLAM BAY ~gure A~PUCXNT: PELICAN BAY SERVICES D/V/S/ON V~ILSON TACKNEY AND ASSOC., INC. · . COASTAL ENGINEERING MILLER. COLUER ~/E~R.. 1997 4.5.2.(d) O. T. TACF, N~'Y 20 ~ 38 n.A. REG. 20_~t_3 1 199602789(lP-CC) APR 6. 1998 I~% INNER 0 PASS UPPER STORAGE AREA LOWER STORAG~ AREA PASS R-2.01f~ MODEL-1 (UPPER CREEKS & BAYS) PROJECT: CL~M gA Y N, tODEL-2 (STORAGE AREAS) Figure APPUCANT: PELICAN BAY SERVICES D/V/S/ON WILSON O TACKNEY AND ASSOC., INC. " COASTAL ENGINEERING MILLER COLLIER 495 4.5.2.(e) 4.5.2.(f) D. T. TAO~L'Y ~ R~:C. 20~..~ 199602789(IP-CC) APR 6.1998 16B18 SHEET 4 CLAM SHEET 3 ~0 SHEET 2 REFER TO FIGURES 4.5.2(9)(2) AND 4.5.2(g)(3) FOR BREAKOUT SHEETS ALIGNMENT OF SECTION 4A OF THE CHANNEL - ~J~POSE$ ONt. Y Figure .... APPLICANT: PELICAN 8AY SERVICES DIVISION 4.5.2,(g)(1) co.~n~. COLLIER At~R., WILSON TACKNEY AND ASSOC., INC. =,., --- '~ ,~,~. COASTAL ENGINEERING ~2~ ~r ,,.~"/'7 -- t./d.B./gI8 22o ~v ·' 199602789(IP.CC) APR 6, 1998 N~ 24, t~7 - 14.~4:24 O.~0w~--~0~03~,mKTT~22L4wl ~ r~ ~ 40-.~0~ ".'0.? // ' ~ Fiqure - 4.~.2:(g)(2) ~u~: PELICAN BAY SERVICES DIVISION "~[~O~'. ~ACEN~ AND ASSOC. NOIO2-~O-~I-ERPAP ~ER- 79 199602789(IP-CC) APR 6. 1998 24, 1~g? - ~0:.04,~8 D,~DWG~OIO3~l~OTg22C.4~/ .... Scoure~ . t Uonc~rove Heov~ly \ Sc°ure~ 60- Scoured On~rOv~ Heo~ty Scoure ~oJ~c~: C~M ~A Y ~Pu~: PELICAN BAY ~E~V/CE~ D/V/~/ON , TACKNEY AND ASSOC., INC. -=,,~ COASTAL ENGINEERING ~ ~ ,~ : ' 199602789(IP-CC) · :i' APR 6. 1998 10:.04-.21 8 UPPER AoDroximote £ncllng Point CHANNEL rt I.fJ~G~ ~¢~proxlmote Bcg;nning Point NORTH A~PROXIMATE LOC~TION OF SPOIL OlSPO~$d. AREAS FOR CUTS 1. 2 ~ 3 INNER CLAM )fOx;mole Enoin9 Point CUT t 2 20f! C~ANNEL -- ApprOximate Point GULF /DUNF ~ BEACH TYPICAL SPOIL SILl' FENCE/ S SECTION FOR DISPOSAL PROJECT: EXCAVATION/SPOIL CUTS 1 &: DISPOSAL PLAN 2 & 5 CLAM BAY FOR PERMITTING PURPOSES ONLY APPLICANT: '-WILSON MIL~LER PELICAN BAY SERVICES D/V/S/ON TACKNEY AND ASSOC., INC. COASTAL ENGINEERING Figure 4.5.2.(h) 4.5.2.(k) r~. REC. 199602789(IP-CC) APR, SHEET 1 SHEET 2 ' .//./ :~....~ CUT !~ o , EXCAVATION PLAN FOR CUTS 3 & 4A THROUGH 4D PURPOSES ONLY ~PROJECT: C~M BAY · J ' Figure PPLI~NT: PELICAN BAY SERVICES D/V/S/ON J 4.5.2.(i) ~ : WILSON.. ~ co,~r~ ~.. ,~ T~CKNEY AND ASSOC. INC. ~,.* '. COASTAL ENGINEERING ~ ~. . ~o~o,-o~o-m~-r~ ~r~-~ ~ MILLER ~,,-~ L.~.B./918 24 ~J8 , r~ 199602789(1P-CC) L~w~on Ch;les Governor Department of Environmental Protection Twin Towers Office Building 2600 Blair Stone Road Tallahassee. Florida 32399-2400 16B18 V,rgm~a R, '~'etherell Secretary CONSOLIDATEI) .JOINT COASTA, L I'I'~I,L~IIT ANI) S(')VEI,[EI(;N SUB~IERGEI) LANDS AUTIIORIZATION PER.\IITTEI.YA I./Ti I()RIZED ENTITY: Collier County- Pelican Bay Services Dis'. c/t~ Ted Brown. Esquire Akerman. 5;entcrfilt. & Edison. P.A. 255 S~)uth Oran:.:'e Avenue Orlandt). Florida '" ' Pcrmit/Authoriz;mon Nt).: Ill 2,~463-t }(11-I(' (Previously 1131149919) Date of Issue: July 06. 19{/8 Expiration Date: July {)6.2o(18 County: Collier Project: Clam Bay Restoration and LonL2-Tcrn~ Marlagcnmnt Thl, permit ~s ~ssued Luldcr Ille aulhorilv iff Chapter 161 and Part IV tJl' ('lmptcr 373. F.5.. ,md 'I'lllc 62. Fh~r~dd Administrat;vc ('ode IF.r{.('.). The aclivitv is not cxerllpl from the rcquiren~cnt t~ t~htain a Joint Coastal Permit. Pursuant [o Open/ting Agreements executed hctxvccn Iht Dcparm~ent and thc water management districts, as relercnced in Chal~lcr 62-t 13. F .S.C.. the Department is responsible lot rcviewin~ and takine J]llaJ a~cllcv aclion on this ~clivitv. This permit also constilutes a finding tff omsistcncv with Florida's Coa.stal Nlanagemcn{ Pn~gr;m~. as required hv Section 307 oI' the C~astal .M,UliI~e~IldIll .-SCI: ccrtil]cali~m compliance with water quality standards under Section .li)~ ~I' thc ('Jc;lll 33 U.S.C. 1344. ThJs dclivilv also requires a propriclary authorization, lis thc activltv is located tm s~,'.'¢r¢i.gn ',ubmcrged lands owned by the Board ~I' Truslecs of lhe Intcrnal'lmprm.'cmcnt Tru~,t [:ur~d. pursuant to ..\rlicl¢ X. Scclioli I I of thc Flurida Con.stitulion. and Sections 253.(1(}2 arid 253.77. F.S. Thc activity is not exempt lhm] the need lo obtain a pn>prictarv aulhorizalion. Thc Department has the responsibility lo review and 1;tko final action on this req[~est For proprietary ;iulht~rtzi:tum tn acc,~rtlance with Section 18-21.(}1}51. and the Operating Agreements exectttcc~ between thc Dcp,trtmcnt and lhe water management districts, as referenced in Chaplet 62-113. F.A.(j. [I1 i:dd~lmn to the abjure, this proprio~,try authorization has I~cn reviewed in accordancc w~d~ Chapter 253 and Chapter 25R. F.S.. Chapter 18-2~}. Chapter 18-21. and Scclhm 62-343.075. F.:X.C.. dnd dlc pt>l~c~os ~t' thc Board of 'Fru.qoc.~. A.', .',lei f to tile Board of Truslees. tile Departnl.,2tll has reviewed lhe aclivit;' described beJt)w. ;Hld ha.s dctem~ined that the activity requires a Consent of Use for lt1{2 use of tilt)Se Iai'ids. FI)E'P Permit No.: 0128463.001..JC tPreviously 113049919) Page 3 of 2J 16B 8 recommendatiuns based ,n the results of the studies: and. implement the Upland Water Discharge Reduction Plan in accordance with it.,,; terms. PROJECT LOCATION: The project i.,,, located in the Clan'~ Bay Natural Resource Protection ,-\re:l and .surroundinL: developments in C,Ilier County. Sect,ms 4.5. g. 9.32. ,.~: 33 of Township -1.9 S~t~th. Range 2.5 East. Cia.ss I1 waters, not approved for shellfish harvesting. GENERAL CONDITIONS: I. All act;vitics authorized by thi.s permit shall be implemented a.s .set forth in the plans. specifications, and attached drawings approved a.s a pa~ of this permit, and ail c()nditions and rcquircmencs of thi.~ permit. The permittee shah nolifv thc Department in writinu ~)I' any anticipated deviation from the permit prior to implementation so that the Department can determine whether a n:odil'icamm ~)I' the permit is required. 2. If. for any reason, the permittee docs not comply with any ctmtlition or ]im~lali~m specified in Ibis permit, the permittee shall immediately' provide the Bureau of Beaches and C~astal Systems/BureauJ and the appropriate District office of the Department with a wr,tcr~ report containing the following information: a description of anti cause t~l' n~mc~)mpliance: the period of noncompliance, including dates and times: or. if not corrected, the anticipated the noncompliance is expected to continue, and steps being taken to reduce, eliminate, and prevent reL'tlrrericc ~)1' tile nonc'on]pli;~nce. 3. This permit th~es not eliminate the necessity to obtain any ,ther applicable liccn.sc.s (,. pcrmils which may he r~quircd by I'~d0ral. Mate. h~cal or special di.qrict laws and regulations. This pem~it is m)[ ;l waiver or approval of any other Department permit or atllhorJ/.ali(}n that may be required for other a.specks i)l' the total project which are not addressed in this permit. 4. This pem~it conveys m) title to land or water, does not constitute State rec¢~gnition ,,- acknmvledgment ~)I' title, and does not constitute authority for the use t)f sovcreientv ]and o1' Fl,rida seaward ~t' the mean high-water line. or. if eslablfshed, the en)si~)n control line. un]e.s~ herein provided and the necessaD' title, lease, easement, or other form t)l' consent authorizink: thc proposed usc has t~een ~btained from the State. Th~ permittee is responsible for obtainin~ any nccessaD, authorizati~ms ]'r~)nl the Board of Trustees of the Internal Improvement Trust Fund prior ~o commencing activity on sovereign lands or other state-owned lands. 5. Any deJinealion of the extent (ifa wetland or other surface water submitted ;is part t)f thc pcrnlit application, including plans or other supportine documentation, shall imt he c(msidcrcd specifically approved unless a specific condition of th'~s pern~it or a l'orn'lal determination umlcr section 373.421 (2 ~. F.S.. provides otherv.'ise. 16g18 FDEP Permit No.: 0128463-flgI-.IC (Previously 113¢`}49919) Page 4 of 2 i 6. This permit does not con`.'ey to the pcrmittee or create in the. permittce any property right. or any interest in real property, nor does it authorize an.,,' entrance upon or activities on pr{ipcrty which is nt)t owned ()r controlled by the permittee. The issuance of this permit does not c{mvev any `.'ested rights tlr an.,,, exclusive privileges. 7. This permit or a ct>py thereof, complete with all conditions, attachment.,,;, pl~ms and specifications, modifications, and time extensions shall be kept at the work site of Ifc permitted activity. The permittee shall require the contractor to review the complete permit pri{~r to commencement ~ll' the activity authorized by this permit. 8. The permittee, by accepting this permit, specifically agrees to allmv authorized Department pers~mnel with proper identification and at reasonable times, access to the premises ,,','here the permitted activity is located tlr conducted for the purpose of ascertaining compli~mce with the terms of the permit and with the rules of the Department and to have access to ired ct~py an.,,' records that must be kept under conditions of the permit: to inspect the facility, equipment. practices, or t~peratitms regulated tlr required under this permit: and to sample t)r nmnimr any substances or parameters at any l{Ication reasonably necessary to assure compli~mce with this permit ~r Department rules. Reasonable time may'depend on the nature of tile cmlcern invest/gated. 9. At least fi~rty-eight (48) hours pr/or ltl commencement ~ll' activity autht~rizcd by this permit, the permittee shall submit to the Bureau and the appropriate District ol'l'icc oI' thc Department a written mltice of ctmlmencement of crmstruction indicating tile acttml start date and the expected c~mlpleti~m date. l t.}. Il' historical ~lr archaeological artifacts are discovered itt an,,, time tin tile pm. iect site. thc permittee shall immediately notify the State Historic Preservatitm ~D/'ficer and the Bure;m. I I. Within 3() days after completitm of construction tlr ct~mplctitm of a subsc¢ltmnt maintenance event authtlrized by this permit, the pernlittee shall submit to thc Bureau of Bc;tchcs and Ct~astal Systems and the appropriate District office of the Department a written statement c(mlpletion :md certil'icatit~n by a licensed profcssi~mal engineer registered in the state {it' Flt~rida. This certil'ic;~ti~m stroll state th~at: all l{)caticms and elevatitms specified by the permit have vcrilied: the acti~'ities auttmrized by, the permit have been performed in compliance with tile plans and specil'icatitms approved as a part of the permit, and all c~mditions of the permit: tlr .shall describe any deviations from the plans and specificatitms. :md all ctlnditions et' the pernlit. When the completed activity differs substantially from the permitted plans, any substantial deviations shall be noted and explained on two copies of as-built drawings submitted ltl the Department. FDEP Perm//No.: I}128463.001-.IC (Previously 113049919) Page 5 of 2 i SPECIFIC CONDITIONS: I. Prior to commenc'ement of the activities authorized by this permit, the permittec .,;hall ensure the following activities are conducted and information provided: a) b) At least 3¢) days prior to each construction event, the pcrmittce shall identify a qualilicd biologist/v,'¢tland scientist{s) familiar with ecosvstems of Florida and submit their qualifications to the Department for approval. "{his individual v, ill serve as the supervising scientist that oversees the biological componcnb; of this restoration proicct and ',,.'ill halt construction il' he/she suspects that violations of the permit ha'cc occurred. At least 30 days pr/or to commencement of construction, the "Proposed Scope of Work" described in the Biological Xlonit{~rint, .~ction of this permit shall be submiued [o the Department for approval. ' c) Prior to omlmencement ol'constructmn, the construction plans and bid documents showing the work area contemplated to be constructed shall be submitted to the Department t() he verified/approved by Department staff. Excavation work aulh(~ri/cd hv this permit shall he administered in accordance with Specific Condition I.(g) hch}w. the fullest extent possible, the smallest, lightest mechanized equipment and smallest work are~ adequate to conduct the activities authorized by Ihis permit shall be used minimize adver.~ impacts m natural resources and the suhstrate where mangrove rcgeneratmn is encouraged. Prh)r t~) omm'~cnccment of each dredszint~ event authorized by this permit, a pre- construction conference shall be held allltlnt, the contractor, the owner or authorized agent, thc wetland scientisttsL the marine turtle permit holder, the USFWS. and a Stal'l representative oI' the Department to establish an understanding among thc parties as the items specified in the General and Specific conditions ~I' the permit and the ~lonitoring requirements. At least 1(1 days advance notice shall he provided prior to conducting this meeting. The Pcrmittee shall submit the project specifications as required under Specific Condii,,n I.(g) below to BPSM for review and approval relative to the project specilications' probable mlpacB on marine turtles. If the type el'dredge proposed hms the potential adversely impact marine turtles its determined by BPSM staff, additional conditions protect marine turtles may be required by the Department az pan of this permit. Il' blasting is proposed, a blasting plan shall be submitted lo the Bureau of Beaches and Coastal Systems and the Bureau of Protected Species ,Management in Tallahassee for approval w. least 30 days before the proposed blasting event. Additional conditions rela~ine to the proposed bla.stin,2 activities mav be needed and added to this permit hv the Department. - . FI)EP Permit No.' 0128463.0t}1-jC IPreviouslv 113049919) Page 6 of 2 i I6B1 8 At lea~st l'{~rtv-l'ive. 145~ days. prior t~ Ihe initial dredging event and anv.~,uh maintenance dredging event authorized by. this permit, the pcrmittce shall submit to Lhc Department's Bureau of Beaches and Coastal Systems in Tallahasscc detailed project specificatmns, including but not limited to plan view and cross section drawings, which detail the dredge and fill limits at thc dredging and disposal sites, the mcth~d construction and construction schedule, and a processing tko as specified by Rule F.A.C. Additionally. thc work area of thc authorized excavation shall be c[earlv marked in thc licld by the wetland scientistlsl to allow the Department staff lo verify, and appr()ve Ibc locat,m of the excavation. ~e Department may request addilional informalion necessary ~n order to review each proposed dredging event. Written approval from thc Burmm of Beaches and Coastal Systems in Tallahassee shall be ~hlaincd proceeding with each dredging evenl. Department approval for individual clrecl~in~ events may be contingent upon the pcrnlitlcc's acceptance of addimmal c~mdilions, such as Imbiditv and/or water quality monitoring, which may. bc determined h} hc approl~r~atc based ~m data submitted to the Deparllncnl in support of :t dredging rcqucsl ,}r ttp~m thc resuhq iq' previous dredging. 2. The folh)v.'ing clmditit)ns are required to mmmll/e impact,; to mannc turtles: a) N't) constrl, lCti()n, operation. Irans, pt)rtati()n ~r storage of eqtllpnlent t)r miitct~,d~ ,ftc authorized scawigd ()1' the dune crest during the marine Italic nesting semisim INlay 1" through (kto~r 31" ). ~is includes dredging of the main pass and disposal ~1 dredged material seaward of the dune crest, including the intertidal z~me. 'H~e other activities landward of the dune crest may be conducted during the marine turtle nesting season provided Ibc neccssa~' nle~sures are taken to protect marine turtles, n~ Fill material placed on the beach shall be sand that is sinlilar to that ahcadv cx~.qm,.:' beach site in bt)Ih c~dorafion and grain size. All such till material shall be ]roe ~l' construction dcbrl3, rocks. {~ther Ibreig~ matter a~d shall not contain, on average. than I(1 percent fines {i.e. silt and clay} passing a No. 21111 sieve amt shall lltq c{~lllain gravel t)r cohhle.s fexclusive ~I' .shell malcriall retained by a Ni). 4 sidvo. c) Fill material shall not exceed a I0:1 h{~rizontal to vertical slope and shall be placed bch,:v .MIg, V. Il' fill disposal result.,.; in a barrier tlr depression in the beach profile that interferes with marine turtle nesting, the permitte¢ shall be required to rem{we that l'c',~ture upm~ request tw thc · · Department. d) Reports on all nesting activity is currently provided to the Department by Collier Ctmntv Deparm~ent ~)t' Natural Resource Protection. Thc Pem'fittee shall ensure that the prepared by tile Collier Cuuntv Department of Natural Restmrce Protection shall ira.'lt~tk, thc collection of data specific ti) the project area for the initial nesting season f~dlowing thc FI)EP l'ermit No.: 0128463-001-.IC (Previoush,' 113049919) Page 7 of 2 i el g~ completion ~t' construction, and fi)r a minimum t)l' two additional nesting selksons, unlc~s waived as herein provided. Monitoring during the additional seasons may ~ waived if the permittec can demonstrate that the fill material is no hmger present in the'project area. t,t' that tunic nesling the first seasoi1 p~)st-construction w~s not adversely affected compared It~ an appropriate control area. Monitoring shall include daily surveys and any addili{mal measures for turtle protection authorized hv the Dep~tment. Reports shall'be submilted Io thc Deparlment in accordance with current prott~ols with the C{)llier (;ountv Department <~1' Natural Res~mrce Prt)tecti()n. but im soon ~$ practicable after the completi(m'{ff all monitoring activities, and shall include daily report sheeu noting all activity, nestin~ success rates, hatching success of all relocated and in situ nests, and names'rff all pc~{mncl involved in IIOM surveys and relocation activities. All nesting surveys and nest rclocali~ms shall he c{mducted ~mly by wrsons with prior experience an~ training in these activities and duly auth~rized to conduct such activities through a valid pcm~it issued by tt~e Department. Division of Nlarine Resources. pursuant to Florida Administrative Code Rule 62R- I. Il' heavy equipment is required to transporl equipment or materials on the tlr,,' beach (aN)ye .x. il tW). the path of the equipment ',,.'iii be tilled to 36" to avoid cl)nl[')acliotl impacb; prior to thc following nesting seiL,;on. Visual surveys for escarpments or barriers alone the pro. jeer area shall he made immediately after completion of the project an~ prior to May I in any year beach quality material is placed on the beaches adjacent to (Ylam ['as~s [mless inspcctitm the disposal area indicales that the dredged material has been removed hy natural pr{~ccsscs. in which case this permit condition shall not apply. Results ~)1' the surveys shall be faxed to lhe Bureau of Protected Species Nlanaucmcnt. ~85{1) 921-4369. pm)r to any action being taken. Escacments d~at intcrl~rc ,,,hh sca turtle nesting or thai exceed 18 inches in height lbr a distance <~I' I(x) l~ct sh;tll be leveled to the natural beach contour by Nlav I". ~]le Dcparlnlcnt ~hall be contacted immediately ~f subsequen~ reformalion of escarpments ~at can inlerl~re with sea turtJe nesling exceed I g inches in height lbr a distance of I1~0 l~et ~'curs durin< the nesting ~nd hatching season ~o delermine d~e appropriate action Io be taken. ~ each yea~wherc escarpment su~'ev is conducted, a Mllllnlalw of tho survov and ilcli~ns taken shah bc submitted ~o the Departmenl. During thc marine tunic nesting and hatching sea.,;on, all lighting ikssociated with pro. jeer activities landward of the dune crest and visible from the beach shall be limited tt, thc immediate area of active construction only. Stlch lighting shall ~ shielded low prcssure sodium vapor lights lo minimize illuminatitm of the nesting beach anti nearshore waters. Ill tile ev0n[ ;ltl unmarked nlarinc turtle nest {}r a dead. in. jured, or sick marine turtle ~s discovered during collslrtlclion activities, the marine turtle permit holder and thc Burcat~ ~1' Protected .Species Xlanagcment shall be notilied immediately such that apprt~priatc FI)EP Permit No.: 0128463.1101..1C (Pr:.viouslv 1131149919) Page :.t of 2 i conscrvati~)n rr~ea.sures Call be taken. 3. The folh)v.'ing conditi(>ns are required t{) mirfimize impacts t() manatees: a) The permittee shall instruct all personnel associated with the project el thc potential pre.~nce of manatees and the need to avoid collisions with manatees. ,.\ll c()nslructio~l personnel arc responsible for observing water-related activities for thc presence (~l' manatccls~. b) The permittee shall advise all construction personnel that there are civil and criminal penalties l'(~r harn]in~z, harassint:, or kJilin~2 manatees which are protected under the Marine ~lammal Protection Act of I97' The Endangered Species Act (~fl)/~. and the Fh)rida .~lanatee Sanctuar,,, Act. c) Siltati{m harriers, ii' used. shall he made of material in v,'hich manatees c;mm)t hcc()me entangled, are properly secured, and arc regularly monitored t() av()id manatee entrapment. Barriers must not block manatee entry to or exit l'rl)n) essential habitat. d) All vcs.;els associated with the construction project shall c)perate at "m) wake/idle" ,,,1 cods at all times while in thc construction area and while in water where thc draft of Ibc vessel provides less than a four-foot clearance From the bottom. All vessels will l'olh)w ri)utes of deep water v.'henever possible. c) Il' manatee(.,,/arc seen within 10() yards ()f thc active daily constructiort/dred~in,., operati(m (~r vessel m()vement, all appropriate precaution's shall be irnplcmc[;tc~ t() ensure protection ()f Ibc manatee. These precautions shall include thc operation ()l' all m()vin,.2 equipment no ch)set than 50 feet (ifa manatee. Operation ()f an,,, equipment closer th:m 50 feet ti)it manatee shall necessitate immediate shutdown t)l' that equipment. Activities will not resume until the manatee(s) has departed the project area ()l' its own vo]ititm. 11 An,,' collisi~m with and/or injury to a m:matee shall he rep()rtcd immcdi:lielv lo thc Florida Nlarine Patrol at I-8[IO-DIAI. FMP (1-80{1-342-5367). Collision ;.tnd/t)r initlrv sh()uld also he reported to the U.S. Fish and WildJife Service in Jacks(mviile (1 258¢D l'()r north Fh.)rida or Vero Beach (I-4(17-562-39(191 in s(m[h Florida. g) Tempurary signs concerning manatees shall be posted prior t() and durin,.., all constructi(m/dredging activities. All signs are to be renmved by the pcrmittee upon completitm {~l'the project. ,.\ sign measuring at least 3 ft. hv 4 l"t. which r¢:tds Caufir,n: ,t[amm'c ,4rca will be p{)sted in a location prominently visilqe to v.'ater related construction crews. A second si~n should be posted il' vessels are associalcd with thc construction, and shtmld be placed visible to the vessel operator. The sec(md Fl)El' Permit No.: 0128463-00 I-JC {Previously 113049919) Page 9 of 2 i sign .,,t,)uld be at least ,',; I/2" by I I" which reads ('atttion: .[fanatcu//(thitat. spcvd i.s rcquircd if operating a ve.s.s'el in the cnn.~'trttction area. All cq/t/))nwnl mtt.~t l)u .dltlltb)Jvn ifa tnanalcc conte.s within 5Of cci nf tq)eratitm. ,4nv colli.~ion and/t,r Jl~jiu)' Io il I111111[1I~'~' shall bc reporl~d imlnedJalelv In lhe ~"JoritJa ,il[IrJlw J'air(~l al J-,W)(~-OZ4L J'~UP [ 1-800-342-5J~7). The U.S. FJ.¥h and WildliJ? .dmuhl It/so l)e contactt, tl in Jack.~'mn'ille (!-904. 232-25,W)) jbr n~)rth tVorida ~,r l ~u', Bcach tl-407-562.3909)fi)r .~outh Florida. h; Permanent manatee informatmnal signs, such a.s those shown m the enthused exampk, sheeL,;, sllall be installed and maintained at the canoe bout ramp at the southern end el Outer Clam J]av following completion of Ihe initial dredging event. 4. Pursuant lo the Florida Deparlnlent of Slate. Division of Historical Resources tI)OS-DHR~ regulations, no heav.v equipment, land clearing, or ground disturbing activities shall be ~tl~,.,,'ed sites gCR476, gCR547, and 8CR576. unless ,';ubjected to prior les,me by ii qualified archaeoh),..4ist and approved by the DOS-Df IR. See the atlached permit drawin,.:s lot tile locations of these historically significant areas to he avnided. 5. Tile C/am Bay ecosystem c~mtains waterways that are difficult to navim~te due to shalh)w water depths and meandering channels lined with protruding mangrove branches alld rt),)t.s. prelect the significant natural resources and water quality of the C'lam Bay ec,,,vslem, and It, provide prolection to the public safety (boaters u,lizing these watersl. IhtJre shaSl be an idle speed/no wake restriction ~n motorized vessels used in the system {as stJpuhited Jn (.'utmty Ordinance No. 96.16). The existing reslricfions placed upon boating activities within the ('lam Bay system by Cotmty Ordinance No. 96-16 shall remain active and enforceable Ior the life of this pcrmi, Additionally. two Florida ,Marine Patrol approved signs that state. "Idle Speed- Wake" and "Caution- Shallow Water and Natural Resources Present- Tilt Mott~r Up To Prevent Prop Dredge- Damage to ~';alural Resources Sub. leer lo Fines. Pursuant to Ch. 370. F.S." shall placed at the following locations following completion of the initial dredging event: 1) One within the entrance of Clanl Pass l'acint~ boaters enlerin,.], the 2) One at the entrance 1o Outer Clam Bay/'acing north and easily legible Io boater~. entering Outer Clam Bay: 3) One at the entrance to Inner Clam Bay facirlg south and easijv leeible [(~ entering Inner Clam B,y: 4) One at lhe enmmce to Upper Clam Bay facine south and easily legible m entering Upper Clam Bay: and. ' 5) One within the upper reaches o~' Outer Clam Bay t'acin~ .southeast .nd ca.~ilv boaters leaving Seagate. ' 6. %} protect tile suhnlcrged nattH"al resources (soagrasses and ~L','stcr hods) adj,ccnt to thc channels [o he dredged, wei,.:'hted turMdity screens that extend (o Ihe holloa1 o1: tile waterbodv 16g18 ', FDEP Permit No.: I}128463.1}01-.IC (Previously 1131}49919) Page I 0 of ,~ 1 shall be installed between the natural resource and the dredge to effectively isolate the natural resource from the active dredge and prevent adverse impacts to the natural resource via suspended particle settlement. The turbidity screens ,,viii onh,, need to be placed ~m the dmvn current side between the natural resource and the dredge to assist the contractor in ir2entifyin,d tile significant natural resource areas anti to protect the natural resources from Ire dredge and temporarily elevated turbidity levels. 7. A minimal an'taunt of trimming and removal of mangroves v.'i]l be needed to conduct authorized activities in thc smaller interior channels. These activities arc to he supervised by the Department approved wetlands scientist described in Specific Conditi{m I abm.'e. 'Fc~ ensure that the hJcfiogJcal health and productivity of the mangroves are not adversely impitctcd m a significant extent. Ire f~llo,,vine m:mt~ro,.'e trimming pr{)cedures must be ft)llowed, pursuant Sections 4()3 93' 1-4()3 9'13-'t ~,,,-;,~ ,'c ........ ......... r ...... a o~amtcs, ertl one ..... · ' , · needed Itl ccmduc e ;i,.lit. i~;,,c ..... ,-..-- ..... Y g per .,,car trimming ul thc mangroves t th ............. aUtllU[IZe(.l ny th~S permit, and t,> maintain the camm Irails is allowed: no trimming of mangroves to create tlr enhance views within this ecosystem is alh,,vcd. Prior to trimming, or rcmovine any mangroves, the species of the tr'c.' must ' ta,..'~cd bv a qualified biolo~2i~, wetland scientist(s), or botanist andCv~ be identified and rifled by staff frm'n thc Department's South District Office in Ft. Myers, or the Bureau ~1' Beaches and Cuastal Systems in Tallahassee. All trimmed mangrove part.,~ greater than one inch in diameter shall he rcm~vcd and cc)mposted on thc uplands Icl prevent further restriction of tidal l]ov., within the intcrit~r channels: L i ye .X ! a n rzro ye Trim mi n ~ P roced u re.g a. ~X, laximum Diameter. No white mangrove tree with a si~:gle trunk diameter greater th;m twelve inches dhh (diameter at breast hcieht= thc diameter {~I' the lrcc at 4.5 l'ect above the substratc) may be top trimmed. No'lack mangrove tree with a single Irunk diameler greater than eieht inches dbh may he lop trimmed. No red man,.z'rove lr,:e with a single trunk diameler ~2reatcr than one inch may he top trimmed. b. Top Trimming- White and ~lack mangrove trees v,'itifin the specified trunk diameters may be trimmed Icl a height of four feet aba)ye substrate. The limit c)f top trimming for red n~angroves within thc specified trunk diameters is 6 linear feet above thc suhstrale. Top trimming shall not occur from May I through September 30. Nc) m~re than hall' of the canupy of the tree shall be trimmed. No white and black man~2rc~vc trees less than 4 linear feet in height shall be trimmed. No red mangrm'es less lh;.ti'l 6 linear feet in height shall he trimmed. c. Removal o£Laterai Branches. For white and black mangrove trees, h~teral bram.'hcs c~riginatinL.., between four and fifteen feel above the substrate may be remcwed frmn a trunk of any dbh. Fur red mangroves, up to fifty percent of the lateral branches originating between .six and lit'teen feet above the substrate may be removed. In multiple trunk trees, the trunk havin,2 the greatest dbh is designated as the primary trunk: others are designated as latcra~ branches. 16B18 ' FDEP Permit No.: 0128463-11111-.! C (Previously 1131149919) Page 11 of .41 General Prohibitions- 11 N~ herbicides tlr chemicals may be used to alter mangroves. 2) No burning may be used to alter mangroves. 3} N~ deliberate damage to prop roots, pneumatophorcs, and regular mob;. 4} N,~ cutting ~l' any mangrove that serves as breeding, nesting, or roosting area for colonial water birds: or is used by endangered species, threatened species. and species of special concern for breeding, or which is routinely used. bv endangered species, threatened species, or species ~I' special c<mcern, a.s listed in Rule 19-27. F.A.C.. and 511 CFR IT11-12: or contains a nest or nests protected solitary nesting birds ms defined in Rule 39-12.t~02 or 39-27.(XI2. F.A.C.. except where a permit hms been issued by the Fh~rida Game :md Fresh Water Fish Commission. tlr, where appropriate, thc U.S. Fish and Wildlit'e Service. lo renl{)ve the nest tlr nests. Dead 3langro,,e Trimming tlr Removal Procedures a. Due to tile large numbers of dead mangroves within certain areas ~I' this ec{)svslem. up [{) 5IF:; t,l' the dead trees may he remt~ved within the areas m' massive dic-[ffl'.s tt~ facilitate rccol{mization by mangroves. b. Ft~r public safety, all dead mangroves within 2() Iket ~}t'thc existing paved roads may c. Pnt~r tt~ return'lng any dead mangroves, the ~ecs shall he inspected and tagged for rcmt>val by the approved wetland scientist(s). Prior to their removal, these taeecd trees sh;dl be approved for removal by staff from the Department's South Dish'ct Office in Ft. Myers. or from the Bureau of Beaches and Comstal Systems in Tallahassce. Thc larger, sturdier dead trees suitable I't~r rm~sting and nesting shall remain. d. Dead mangroves approved l'~r removal shall be removed at the substratc level with care nt~t to damage or disturb surrounding, living vegetation. c. Thc removed dead trees shall be compt~slcd t~r disposed on thc uplands to prevent further restrictions of tidal flow within the interior channels. 8. As part of the restt}ratit)n and long-term management uf this ecosystem, activities shall be o ctmducled to remove the nuisance exotic vegetation (including Australian pine and Brazilian pepper) within tile Clam Bay Natural Resource Protection Area. These activities shall be conducted with the ?al in mind to renm,.'e all nuisance cxolic '.'e~etatitm from thc area wid~ actual percentage t~l' nuisance exotic ,.'egetati~m not exceedine I G~t~l' thc total vc,.2etated area. \\'hen rem{wing the nuisance exotic vegetation, care shall be taken to not harm tile surr{mnttin,_' native vegetati{m..Mechanical removal shm~ld remove as much of the r{mL~, of thc exmic :ts - possible fcfllowcd by hand removal, or chemical treatment of ;in,,' suckers. If chemical treatment is used. ~mlv envirtmmentally safe chemicals, such as~~2arlon an~ roundup, shall be used with special care taken to not spill/spray ;in), in tlr on the water or native vegetation. 16gl FI)EP l'ermit No.: 1~128463-11111.JC (Previously 1131}49919) Page 12of21 9. Within seven days of completion of the authorized activities (including the man?we alterations, interior channel excavations, and removal of nuisance exotic vegetationl thrtmght)ut the Clam Bay ecosystem, the contracted cre`.vs shall return to each work area .'~nd remove the trimmed hr:roches and trees (dead trees approved for removal) greater than I inch in diameter appropriate upland h~cations. The crews shall also regrade any splfil pile or berm that may have been created as part ~I' the excavation work. such that there is nil impediment Itl sheet flow :md no created uplands as a result {it' the project. IlL Small charge cxph)sivcs may be used to restore tidal l]ow in thc interior channels where thc use ~l' mechan~/cd and hand-held equipment is m~t feasible. The areas designated for the usc ~t' explosives shall be marked by the v,'etland scientist(s) and these marked areas shall he appm,.'ed by Department staff pri~r to the use of the explosives. The explosives shall be carefully placed and detonated only in areas where their use ,.,,'ill have minimal adverse impacts m si~nil'icant natural resin]roes...\ Florida licensed cxph~sives expert shall install and detonate all explosives asst~ciatcd with the project. I 1. T~) devch)p a data set to understand the impact of freshwater discharge into thc Clam Bay ec~}.~ystem mm'~ the developed uplands, the perm(tree shall submit detailed plans for the following primal' studies v.'ithin i 21) days following permit issuance to the Department for approval. These studies are designed to identify existing water sources and water needs, and pmp~se feasible methods to meet these water needs while concurrently reducing water discharges into thc Clam Bav ecosystem (see the Clam Bay Restoratmn and Management Plan for tile details and specifics {il'each study): S~udv I- Ve'.2etati{m Analvsifl lrri,_,ati{m Requirements: Study 2- Retarding2 Upland Waler Fh~ws into Chm'l Bay: Study 3- Reducin,.2 FJmv l'mm Perimeter Berm Area to Clam Bav: Study 4- Groundwater Flows: Study 5- Utilization of St<~rmwater Manaeement Lakes its Sm~rcc l'{~r [rri,..'ati{m: and. anv additional studies that may be needed to generate the information required to l'ullv understand the impact Ill' fresh,.vater discharge into the Clam Bav ecosystem from tile developed uplands. The study plans shall include detailed descriptions and maps. activities to he c~mducted. moth,Ids, and qualified personnel involved for each study. The perm(tree shall begin implcn'~cntatitm l)1' the Department approved studies within 18(I days l'ollt~wing permit issuance. 12. The perm(tree shall ctmduct the studies required by Specific Ctmdition No. 11 for tip tt~ three .,,'ears following permit issuance. However. il' the data generated from the studies suggest that additional data gathering will not materially aid the perm(tree and the Department in understanding the impact of freshwater discharge into the Clam Bay ecosystem, thc perm(tree may request the Department for authorization to terminate one ~r mare of the studies and proceed tt'~ thc analysis and recommendatitm phase as described in the CBRMP and this c{mdition. 16B181 FI)Et' l'ermit No.: 0128463-00 I-JC (Previously 113049919) Pagel3of~l Following this stud.',' period, the permittee shall analyze the data gathered, l'on'nulate recommendations based on the data. and to the extent suggested by the data: design a plan to reduce v.'ater discharges into the Clam Bay ecosystem from the developed uplands l"Upland Vv'ater Discharge Reduction Plan" or UWDRP). Ifa UWDRP is required ms a result oF an analysis of the data by the permittee and the Department. then the pcrn',ttee ,.,.'ill submit to the Department's Bureau of Beaches and Coastal S','stems in Tallaha_,~see and the Department's South District Oflice in Ft. Nix'ers the UWDRP for approval. Once thc U',.VDRP ,s approved by the Department. the permittee shall implement the UWDRP as provided for therein, but in rlt~ event later than five years f. lh)wing permit issuance unless a modification or waiver of that time frame is agreed to bv thc permittee and the Department. The implen'~ented activities to, reduce upland discharge el water shall be monitored in accordance with tile terms of the UWDR[:' following completltm of their implementation. It is anticipated that all activities described here and in Section a.5.4 of the CBRMP ,..,'ill be compleled within the ten (IO) year permit term. but ri.thing ,.,.'ill preclude the Department v,'ith the consent of the permittee, from extending the time for implementation of an.,.' portion of the UWDRP it' the interest of the ccolot, v ,f thc system would be improved bv doin,.z' .so. The pem'uttce ,.,.'ill. as suggested in the CBR.',.IP. ~mplcmcnt ~n ctmnccti.n with till.,; pcmlit a program of community involvement to help ensure the maximum am,,unt of community paHicipati.n possible Stlould the studies de.,,cr~bed in the CB RMF'. and required here..',uggest the need for one or more UWDRF's. In this contexL the Department recognizes that thc decision to require one or more U\VDRPs will be dependent .n the ~mtcon~c of the studies described in the CBRMP and required here. The following time-table summari/e.,; the anticipated schedule for the activities associated the .studies required above: ACTIVITY SCI IEI) UI.E Submit detailed plans of each primary study t,~ the Department I',r approval. Begin implementation tit' the approved primary studie:,;. Conduct thc primary studios and gather data. Develop as required bv lbo data one or more "Upland \Vater Discharge Reduction Plan" based upon results/ recommendations ,t' primary studies and submit to Department for approval. Within 1211 days from permit issuance (anticipated to be Oct~ber 22. 19981. \Vithin 18{I da,cs from pem'~it issuance (anticipated to be December 22. 199Sl. [:~r tip to 3 years; following permit issuance {anticipated to be July 22.21}{}1 ~. UWDRPs .',hall be submitted by April 22. 21}113. to the [:DE[" and ,,,,'ill be implemc~tcd in accordance v.'ith their terms. 16B18 i FI)EI' Permit No.: 0128463.00 l-J C (Previously 113049919) Page 14 of 21 Implementation and monitoring of the "Upland Water Discharge Reduction Plan". Submission of monitoring report for the "Uphmd Water Discharge Reduction Plan" that includes an}' noted modifications tlr corrective actions needed. To be completed within thc permit tenn. To be submitted in accordance with thc term of the UWDRPs. 13. The permittee shall conduct the studies, gather the information, and submit thc reports stipulated in the "Monitoring Required" ~ction of this permit. If the monitoring reveals adverse impacts have occurred as a result of conducting the authorized activities, the permittee shall cooperate with thc Department to develop and implement such remediallcontigency plans as may be desirable to effectuate the purposes of this permit. The Permittee shall not be liable for damages or costs resulting from adverse impacts to the ecosystem unless those adverse impacts arc a direct and proximate result of the intentional or negligent act(si of the Permittee in thc implementation of the activities authorized by the permit. ,XlONITORIN(; REQUIREI): !. Water Quality Monitoring Turbidity monitoring during dredging and discharge, and ;ts neccssau' prior to Ibc rcmox'al t~l~ turbidity control devices. A. Dredge Site Frequency: Twice daily, at least four hours apart, beginning at least two hours after drcd,.e'ing begins and continuing during thc dredging activities. Location: Backt~round: At least 200 meters upstream of the project site outside of any visible turbidity plume, at mid-depth. .Compliance: Dmvnstream of the turbidity curtains which separate the dredge from the natural resources on the resource side of the curtains. When the natural re:;aurces are more than 15¢1 meters downcurrent of the dredge, the compliance zone shall be no more than 151} meters downcurrent of the dredge v:ithin thc densest port/on of any visible turbidity plume, at mid-depth. 16B181 FI)El' l'ermit No.: 11I28463.0t}I-.JC (Previously 113049919) Page 15 of 21 B. Disposal Sites Frequency: Twice daily. ;it least Ikmr hours a[);Irl, begirming at lc;sst two II(ml's al')er dredg~nc begins and continuing during the dredging activities. L{x;ation: Back,'round: At least 21)~) meters upstream of the project site (in the nearsh~re zone of the Gulf of Mexico) our',tide of uny visible turbidity plume, at mid-depth. Compliance: ,,\t no more than l.l,'{ff) meters downstream of the discharge p~int in the intertidal zone (between lhe mean high and mean l,w water lines) and 61 meters 1201) l~et) offshore (from the mean low water line), within the densest p{wtion {)f any visible turbidity plume, at mid-depth. All monitoring data shall be submitted within one week of analysis v.'ith documents containin,z the following info, rrna)ion: (I) permit number: {2) dates of sara'piing and analysis: (3)a .',taten~cnt describing the methods used in collection, handling, storage and am, lvsis of the samples: 14},~ map indicating the sampling locations: and (5) a statement bv the individual responsible For implementation of the sampling program concerning the autl~enticity, precision, limits detection and ;sccuracv of thc data. Nhmitoring reports shall also include the following irH0rmation for each sample that is l;.tkcn: (h~ (d~ time of day samples taken: tidal stage and direction of depth of water body: depth iff .sample: antecedent weather conditions. The compliance locations given above shall he considered the limits of the temporag' mixm,..: zrme for turbidity allowed during construction. If monitoring reveals turbidity levels :st compliance sites greater than 29 NTUs above background turbidity levels ~t the corresponding background sites, construction activities shall cerise'immediately and not resume until corrective measures have been taken and turbidity has returned io acceptable levels. An',' such occurrence shall also be immediately reported to ~he Department's office in Ft. .Nib'ers. ,Monitoring reports shall be submitted It) the Department's office in Tallahassee and to Ibc S~>tllh District Office in Ft..Myers. Failure to submit reports in ii timely manner constitutes ,.zround.,, for revocation of the permit. \Vhen submitting this information to )De Department~ pleas~ clearly include, at the top {bt' each page tlr as a cover page to the submittal: "This informntion beth.,.1, 16 1 8 FDEP Permit No.: II 128463.00 l-J C (Previously 113049919) Page 16 of provided in partial fultiilment of tile monitoring requirements in Permit No. 11128463-111}1- JC (Previously 113049919)." 2. ttydrographic,lonitoring To generate the data needed to adequately assess the potential impacts of opening up thc restricted channels of the interconnected waterways as authorized by this permit, the hydrographic monitoring program shall include the following: Topographic survevs of Clam Pass and surrounding 5(Xl Iket zone. The surveys shall hc conducted immediately prior m and following completion of the authorized excavation. Additional surveys of Clam Pass shall be required as often as the perm;tree seeks to conduct maintenance exca,,'atmn within Clam Pass tlr the main channel excavated pursuant to this permit and identified in the CBRMP as Cuts 4A. 4B. 4C. and 4D. In such circumstances, thc survey produced shall meet the standards sci forth in paragraph "B" below. Within seven i7,} days of cmnpletion of the authorized excavati{m of the interior channels. and thereafter as frequently as may be required for the duratiun of the permit, the chh:meed interior channels shall be surveyed at a minimum of I(XI feet cross-sections to ensure that the desired elevations have been attained. It is anticipated that these surveys ,,,.'ill he initiated as and when it appears to tile Perm;tree and its wetland sc;ant;sirs/that maintenance excavation of these channels may he required to maintain the integrity of thc system. A copy of the survey, certilied by it registered land surveyor, shall bc submitted to the Department as a part of a request for authority to conduct maintenance excavation pursuant to Specific Condition l.(g) above, or if the survey reveals no present need for additional excavation, it ,,,,'ill nonetheless be submitted to thc Department its additional data within thin)' (30) days (If completion ill' thc excavation. Any survey stihnlittcd pursu;mt to this section shall contain :i n()te, based upon the sup,'ey(Ir's examination hi' the excavated area which indicates whether the surveyed crnss-seclions reasonably rellcct the silo conditions for the entire area excavaled. The petal;tree shall submit an engineering report and survey maps summarizing thc monitoring data and project perfomlance to the Bureau within 9(} days ill' templet;un o1' each survey. The report shall include an analysis of the .,,cdiment characteristics of Clalll Pass and any changes observed in the pass. identify erosion and accretion patterns altmt, the pass and adjacent beaches, and identify any adverse impacts which wnuld be attributable to the activities authorized by this permit. If survey data of the pass is submitted it should be submitted on 3.5-inch high density floppy disk in an ASCII format and the data shall be arranged according to the FDEP/DBS specifications so zig to include all of the informatilm required by the FDEP/DBS specifications. FDEP Permit No.: 1}128463.111)1-.JC' (Previously 113049919) Page 17 of 'J 1 '6B1 do Nhmimring statmns shall be established ;it representative sites (as sh{)wn m~ the permit drawings as reflected in the CBRMP) through{~ut Upper. Inner. and Outer Clam Bay m record the folhm.'ing hydrological parameters: !) time i~l' day samples taken: 2) water temperature i°C and 'F): 3) depth ~l'water body: 4) depth et'sample: 5) antecedent weather conditions: 6) water quality, including salinity, silicates, nitrites, tmal or~2anic carb{m, chhm~phyll. phaeophytin, pi-t, crmductivity, dissolved oxygen, total ph~}sphorus, nitrate, nitrale ammonia, total k.jeldahl nitrogen, and total dissolved s{flids: 7) scdimentati~m levels: 8) rainlhll: 9) tidal stage and direction ~I' llt~xv: 1()) t}thcr influential l]tm,'s, such as tmmndwater and stormwater fh~ws: I I) wind direction and veh~cilv: ant~. 12) identit'icali<)n t~f the sample location which c~}rrcspimds m thc number shi)wn t}n sampling location maps. These ;,nalyscs shall he made immediately prior t~) and follt~wing ctmstructi(m, and monthly thereafter, with tile exceptilm ~}t' the water quality analysis (number 6 above). which may be ctmducted on a quarterly basis. Stal'l'gages shall be installed at these stations in i~rder t{> measure the relative tide range at each station. In I}rdcr to measure eft'eot of the dredging on the tidal rant, e. {}ne station should be located adjacent to within the degraded mangrove area. :'Fhis station should be equipped with a tide capable ~)1' c~mtinmms readings iff tide stage. ]'he mtmitoring required by this set~tit'~n will provide valuable data crmcerning the effects the reslorali{m project is expected t~ have on the hydrology [>I' the Clan) Bay ¢c~)system. This infommti~m is crucial fl)r future management decisions for this important natural resource, therefore, this nmnimrint2 shall continue fi~r the life of the permit. The data collected from this mt)nitorin,.2, shall he'listed. analy×cd, and submitted to the Department in annual ltydrographic Moniti'~ring Rcp~}rts. 3. Biological 3, lonitoring As required in Specific C{mdititm l.b), at least 3¢1 days pril~r m c~m'lmencement iff constructitm. tile pem~ittee shall provide a "Proposed Sci}pc of Wt)rk (PSOW)" l'mm the Department approved wetland scientistts), or from ant}tiler qualified environmental organization with experience c~mducting research tm Florida's ecosystems. Tile PSO\V will include it list el' scientifically accepted methods that ,.','ill be clmducted, and when. and by whom. to adequately assess the Clam Bay cci)system I,.v~th a priman' l'l}cus i)n the maneri}ve and seagrass conlmunities) bet't/re and after the activities authorized I~v this pem'~it are c{mducted. The PSOW shall include the FDEP Permit No.: i'}128463-1}01..IC (Previously 1131149919) Page 18 of 21 1 6B1 following infi~rmation plus any additional inl'om'~ation or scientific methc}ds deemed appropriate by the contracted scientists: a. Flight-dated aerial photography of the Clam Bay ecosystem before and after the activities autht~rized by this pem'~it are conducted. The aerials shall be taken during Jul,.' t~l' each year and .,,ubmittcd to the Department annually for the duration t~l' the permit. Thc aerials must he color, vertical aerial photographs, controlled and rectified at a scale appropriate for pc~st-prnduction digitilization and a scale sufficient to delineate differing habitat/ones and dtm'~inant species within each zone. The flight line shall include all oi' tile Clam Bits' Natural Res~mrce Protection Area and the nearshore zone to at least 400 feet {~l'fsh~re {from the mean high water line). h. As concurrently as possible with taking the aerial photographs, ground-trothing activities shall be ctmducted in areas of special concern within the Clam Bay ecosystem, including areas of widespread dead and dying mangroves. Inner. Upper. and Outer Clam Bays. the areas receiving water discharges from the uplands, and areas contiguous with the main pass. The gmund-truthing activities shall include the use of the latest accepted scicntil'ic methods m sun'ey the types of habitats of concern within the Clam Bay cc~systcm. including mangrove and seagrass dominated habitakq. These surveys shall include a listing t)t' species present, percent coverages by species, size ranges and averages, and overall health./bitdogical trends for each fixed quadrat, transect, or ph)t studied.. These surveys and an.,,' associated drawings/mapping shall be conducted prior to c~mducting the dredging activities and trace each year fin July) thereafter for the life of the permit. c. Annual hmlogicat monitt)ring reporcs (BMRs) shall be submitted beginning tmc ,,'car following permit issuance. The first annual BMR shall contain the time-×em c{mditim~s ~I' the Clam Bay ecosystem existing prior to ctmlmencement of the permitted activities and a progress report of the activities clmducted since permit issuance. Thereafter. each BMR shall contain a progress report of the activities completed since the previous BMR and nil the data c{fllected pursuant to a. and b. above. Each BMR shall include graphical representation and ~}verlays of the c{fllected data on computer generated drawings {d' the aerials, and ground-level c{flor panoramic pht~tos ~l' each study area at fixed stati{ms. The annual B,XlRs shall also contain an analysis of the collected data and nlak¢ conclusions and recommendatitms concerning the impacts the permitted activities have had t)n the Clam Bay ecosyslem based on the analysis of the da~a collected, includin,._, the hiol{)gical monitoring data. the hydrographic monitoring data. 'and the water quality monitoring data. .XlONITORING SUMSIARY: Turbidity m~mitoring during construction: hydrographic/water quality mt~nitoring t~l' Clam the interior waterbodies, the ad. iacent beaches, and the Seagate culverts: bitflt~gical monitoring associated with marine turtle and manatee protection: and. iong-tern~ bi~fi{>gical mtmimring the Clam Bay ecosystem via fixed vegetative and benthic surveys. 16B18 FDEP Permit No.: 0128463-111}I-.IC (Previously 1131149919) Page 19 o1"~ 1 COMPLIANCE TIL.\CKING SU~IMARY: Commencement of Actiritv Notice- Due at lea.st 48 hours prior to commencement of activity, per General Condition 9. Project Completion and Certification - Due within 311 days folhawing subsequent dredging e','encs from a Florida registered engineer, per General Conditi{m I !. Preconstruction Conference- At least I0 days prior to commencement of itctivitv, per Specific Conditi~n I.d). ~larine Turtle Monitoring Reports- Reports due annually that include compaction measuremenLs, escarpment survey results, antl daily survey resulLs, per SpeciFic C~mditi<m Written Dredging Requests- At least 45 days prior to e;:ch event per Specific Ctmdilitm Xlangrove Tagging Verilication by Department Staff- Nlu.st be done prior to trimmin~ or removing any mangroves, per Specific Condition 7. Stud.,,' Plans- Due within 1211 days following permit issuance, per Spccil'ic Condition 11. Upland Water Discharge Reduction i'lan- Due within 3 years following permit issuance, per Specific Condition 12. Turbidity 5lonitoring Report.s- Ti} be conducted twice daily during ct,l.,,truction ;.tile[ submitted weekly, per Mtmitoring Required section. Water Quality Nlonitoring Reports- Due annually, per Monitoring Required .section. llydrographic ,Monitoring Reports- Due annually, per Monitoring Required section. Biological ~lo,itoring Reports- Due annually, per Monitoring Required secti{m. A(;ENCY CO31glENTS: Fh~rida Department ~1' Con~munitv Affairs- May ,3. 1997- No ob. jcclit~ns. Fh)rida Deparlmen[ ~I' Slate- Division t~l' tti.slorical Re.sources-June 23. 1997- Pr{)¥idcd spccil'ic conditions £o protect potentially historic sites ,'qCR476.8CR547. and 8CR576. City of Naples- July 8. 1997- Supptms the project. PARTIES REQUESTING NOTICE: Man,.'r~ve Action Group, Inc. Save the Bavs Association. Inc. The Ct}nservancv of S~mthv.'esl Fh>rida FDEP Permit No.: 0128463.001-JC (Previously 1131149919) Page 20 of ~1 Executed in Tallahassce. lqorida. STATE OF FLORID,'\ DEPAR I, IEN I OF ENVIRONMENTAL PROTECTION Kirby. B.G~een Deputy Secretary. Copies furnished Itl: Bob Brantly. Bureau of Beaches and Coastal Systems Jon Iglehart. DEP- South District Oflice- Ft. Myers Kalani Cairns. U.S. Fish and Wildlife Service George Percy. FI. Dept. of State Keri Akers. FI. Dept. of Community Affairs Andrea.s Mager. U.S. Dept. of Comn'~ero2 Susan Gray. SFWMD Staccy Cowley. DEP. Office of General Counsel Estus \Vhitlicld. Governor's Office of Environmental AITairs Chip Clough. U.S. Army Corps of Engineers Mac Hatcher. Collier County Government Collier County- Pelican Bay Services Division David Gu~enheim. The Conservancy of SW Florida Dan Spina. Save the Bays. Association Kay Potter. Mangrove Action Group. Inc. [tilburn I liltestad. Environmental Consultant- Arvida Dorothea Zysko. \Vilson. Miller. Barton & Peek. Inc. Karen .Moody, DEP- Bureau of Protected Species Management John lliff. National Marine Fisheries Service Eric Staats. Naples Daily News Johll Mac'kie. Booker & Poliakoff. P.A. Permit Information Center 16B1 FI)EP Permit No.: 0128463.1}1}1-.IC (Previously 113049919) Page 21 o1'21 FILING AND ACKNOWI..EDG*IENT ,{).5-. Florida Statutes, with the FILED. on this date. pursuant to Section 1~ '~ designa)ld Department Clerk. receipt of which is hereby acknowledged. Clerk Date Recommended and written by: pages attached. ,o o North" Historical Sites to Avoid During Construction Clam Bay Restoration Project FDEP File No.: 0128463 PERMANENT MANATEE SIGNS INSTALLATIOI",I PROCEDURES SLER 0818 There are t',,,.s t/pea cf - -'-" ' ' " ' re=n...=_ s;cns t,~at may be required, I) Caution Manatee Ares"; ,.,.l=n,=te_ Informational Displays" (see attached exampies). The b/Fica[ and 2) ..... -' l,,,,.,r,,,=,cn=I Displays inc!ude ",,," c.':-,. __. , , .......... a'M=.natee Fact Sh::*'' and ~aslcs for Boaters'. These sicns are intended to increase the awareness cf boaters of the manatees in the area sndcfthepctentialthreatboa'ts pose to the animals. Cust:m- c__,= .... signs are allc'.vable ~r the br~sic specifications and information are czmparaz[e. but must be apsrove= by the D__:,,,,,=.,. These signs are ncn-regufatocy in -" - Procedure for 4, oorov2,-I: i. The noel/cant., shculd ',,.,,,,,~. ~'~ a Fr-~:-,'""'. .,,=~:'- plan, with the ~'/Fe and locat~cns mr' spgns' '~,~ ~,e Bureau of P,o' '=~=d Sc...=::~:-' Manacemenk Depadment cf Environmental 3~00 Ccmmcnv,'eaP. h Ecule,.,ard. Mail S,=,.,n 245, Tallahsssae. Ficrida applicant should also include a chon indiczfing the location cf the facilib/ ir, re!orion "-*,,=.=. ........ ,,=zs =, ,~ csun~/location, and the PermR and/or L==~e . pr~ 2. T'ne Bureau cf Prcte~ed Spec[es t,.1-nagement wiil reviev/the l::rcposed site sign plan. The ~ ~'-" --' .--~.~Hc,:,,,, '.vfll be notified '"vi:hin ,30 days h,' the signs and Iccaticns proposed by the appli~nt=-r.= unacce:~ble.. Ccrresccndence. ,..,'iii be sent to offer sucaestions_, on the t'7.~ _-. number and locations cf sign(s). If "-~,,= applicant has not re,'=;v=d a response within days, the ,' .-. c-," .c, c,,c_=, signs and th=Pr locations should be csnsidered approved. '~ If during a site '~:' ' .-. vi.,,, apFrcved signs and their locations are'found not to be accordance with the instructions ~i'.,en in this document, failure to follow these directicr',s may' require re!ocaticn or addition cf " REcEiVED . FEE 1 ',c.95 ' ATTACHMENT - M~rch 15, A:.:ac:-.r..~n-: ~, Pace 1 PERMANENT MANATEE SIGNS INSTALLATION PROCEDURES (continued)' instructions for location and ~ SLER 0818 8 FACILITY I"YP F__JSIZE SIGN REQUIREMENT Private, Commercial, or Public facility <I0 ',",,et or dr/slips, for permanent mooring No Signs Required Private, Commercial, or Public Facility with 5 or more slips for temoorarv mooring (in association with upland se.,vice restaurants, chaders, etc.) IManatee Informational Displays Private, Commercial, or Public facility with 10-19 ',,;et, dr'/, tern.corer/or i::ermanent ,"" Caution Manatee A.~ea Signs Required Private, Commercial, or Public facilib/ with >20 slips (',,,'et, dr/, temporr-,r7 cr permanent) Caution Manatee Are_: Signs and M,.-r,,-,,=_ h,,o,,,,,-,don.-,t Disp;a'/s Boat Ramp, Prwate cr Pubiic Manatee In, c,m=d,.n,~t Displc-ys I,,,..,r,,,.-,~,.,,,~l Oisctays must be located in a prominent location, such as near Manatee ": .... '~ , waikv/ays, dcckmaster offices, restrcoms cr foot traffic access pcir, ts to piers/docks f:.: ma>dmum visibiiit'/. Caution Manatee Signs for docking facilities should be placed on land, walkways cr docks. These signs should be oriented so that the boaters using this facility will be reminded to watch for manatees Wile boating. These signs are not required to be placed in viewfcr the general boating public. If a facilib/has separate docks with separate access walkways, a Caution Manatee Sign should be installed near each walkway or dock. Permanent manatee signs should not be installed on pilings in water or be attached to navigational markers, or in any way impede navigation. RECEIVED FEB 1 5 1996 = · SUB L,t"~;DS & EN?. ~tES. ~.t t achmen~, ATTACHMENT - March 15. SLER 6B18 INSTALLATION REQUIREMENTS for Permanent Manatee Signs (continued) ", ,Aporoved Sion Suooliers: Bo~h types of signs are Available through the companies listed below and may also be avaiIable from other local suppliers throughout the state. Permit/lease holders, marinas, and boat docking/launching facilities should contact sign companies directty to arrange for shipping and billing. Caution and lnfcrmation8l $icns: Cape Coral Signs & Designs inc. 1311 Del Prado Boulevsrd CaFe Coral, Florida 33990 1-800-813-9992 813-772-9992 FAX 8'; 3-772-9-592 JADCO Signing Inc. 708 Commerce Way Post Office Box 911 Jupiter, Florida 33458 1'o800-432-3404 407-747-1055 FAX 407-744-298,5 Municipal Supply and Sign CcmF~ny Pest Office Box 17 Na,cles, Ficrida .3393_c-1755 1-800-329-5355 813-252-4539 FAX 813-252-45z5 Information ~Cicns f'only) Ne,,,.' City Sign Company 2245 Central Avenue St. Petersburg, FL 33713 813-323-7897 FAX 813-323-18.97 RECEIVED FFg .-. SUB LA,';8S & [!~V. RES. :. A..achment ATTACHMENT - March ¢5, ~9c. 5 2ac. e 3 WEST INDIAN MANATEE FACT SHEET. :.:a:.a:ee !nf:_...zti_na!~ , D___._=::¢-~-'. (l c-- 2) SLER 0818 MANATEE BAS ICS FOR BOATERS ~~TU~:r ' '-;:;.-::... I 16 .;-.:; ',. :) .... ;' ;: RECENED Cau:icn :.;ana~ee~'.rea 18 ATTACHMENT 06. 1~7 - $1~:0.I O:\(TwG~010.?~PR079~i~.~i IODlu UCUSTINE ~~,~i,' LOCATION MAP PROJECT: C~M BAY Figure .~Pu~: PELICAN BAY SERVICES DIVISION ~.~(~) WILSON ~ MILLER ~'.'-="~*~ -~ ~o~ ~ ~ ~ ~~k~ ~O~02-080-~-ERP~ r~ER_ t~IL H ROAD LOCATION OF 1992 MANGROVE DIE-OFF AREAS PROJECT: C~M ~A Y Figure ~PLI~NT: PELICAN BAY SERVICES DIVISION 1.1 (b) LEWIS ENVIRONMENTAL '~,.~ '- ~ -- ~.M.~./918 2 ~ J8 r~ REC. 56644 VANDERt~iLT ROAD 0 1995 DIE-OFF AREA = (2g.6 ac.) LOCATION OF '1995 MANGROVE DIE-OFFAREAS PaOJ£CT: CLAM BAY Fig ute A~PUC~T: PELICAN BAY SERVICES DIVISION 1.1 (c) ~v~ILSON MILLER LE]¥IS ENVIRONMENTAL SERVICES, INC. I cr~,~'m COLLIER [~R., 1997 4.9 Z,2..Z,3 495 25~ ~ I 1 g7 I HOIO2-OSO-OO;-ERPAp P~R-Tg STEPHEN k4 [,A.N S Fl~m RE(;. 36644, Hc, v 06. Igg7- ,, I o1~.!_ U ~8£ACH RO~D ~ FEB., 1996 DIE-OFF AREA = (8.9 ac.) TOTAL DIE-OFF = 45.9 LOCATION OF 1996 MANGROVE DIE-OFF AREAS P~o~[c~: C~M BAY ~PU~T: PEL/CAN BAY 5ERV/CE5 D/V/E/ON F;gure ~[LSON ~ co,,~ "'~., ,~ ~. ~ (d) 52.55 49S 252 ~I/g7 M I L L E R ~o,o~-~o-~,-e~ ~-7~ G<t-? OF FIGurE 3.2.2.:.¢ _1 t 16B18,~ · T:DE GAUGE [] SAUNITY 0 TIDE STAFF GAUGE 0 CURRENT SALINITY AND TIDE GAUGE 'FIELD STATIONS PROJECT: CL~M Figure ~PLI~: PELICAN EAY SERVICES D/VISION ~.2.~.~ (o) TAC~NgY AND ASSOC., COASTAL ENGINEERING ~o,o~-o8o-oo,-~ ~- LM.B./918 8 ~ J8 r~ ~. 20~ D~c I0, 1997 - I1:~.01 O;\Dw~olO$~PRO79.~.Og.d~.g ..... /11 7 P~S 9 BAY 5 4 3 2 EXISTING PROJ£CT: CLAM AND PROPOSED WATER MONITORING STATIONS QUALITY PELICAN BAY SERVICES D/V/S/ON WILSON MILLER TACKNEY AND ASSOC., INC. COASTAL ENGINEERING Figure 3.2.~.~.(o) O. T. I'AOXN~t' FLA. RE(;. 20~3 .,_~. ii iitl!li ill i{{!{{ il i Ii ~ 'i I ill 'illli Ill '~', iitl ill '1i~ t i~' I ~o~ i I~i Li ~'" ~~[ iii iii {,i llii ~.- 0~-- 0 ~_~ { ~0 ~ _ }0 ~{_~ , 0 ~_ ?~,{ ~~ tt tl c -'LOCATION , o , j 0 I LOCATION MAP ~OUECT: PELICAN BAY/C~N BAY-SEAGATE CULVER[S IMPROVEMENTS F~gure ~u~t: PELICAN BAY SERVICES DIVISION Su ~ OlOJ8 ~ P[R- 7~ R~'ORC[D ~N VIEW ........... ~ ~ ...... , ,, ............... :: 1 SECTION EXISTING CONDITIONS PROJECT: PEL/CAN BAY/C~M BAY-SEAGATE CULVERTS /MPROVEMENTS Figure ~¢u~T: PEL/CAN BAY ~ERV/CES D/V/S/ON 4.5.1.(b) LSON MILLER' ~ ~' 18 49S 25~ 0103-081-~5 PER- 79 16F918 BARRIER , INSTALL CONCRETE HEADY/ALL, ~ .~ - TIDEFLEX CHECK VALVES . lA ND RIP- RAP SEDIMENT 8A SIN BOI'tOU E LEV A T K:) ,a ? ~ .......... ~ :=m ~ ~ ~ ......... ~ ( T YPlC~ ) c~,~,,, c-).~ SECTION 1° ' 20' HO~IZONT,~,, PEOPO ED I PEOVEMENTS ~od[c~: PEL/CAN ~AY~C~M ~AY-EEACATE CULVERTS Figure ~u~: PEL/CAN ~AY SERF/~ES D/V/S/O~ ~.5.~.(c) S ~ 0103-081-~5 PER- 79 14 ~ 38 ~ REC. VWATER LEVEL ~:: o M~ B~NDING lNG 24' RCP 516 STNNLESS RED ~ALL TIDEFLEX (IF-2) CHECK VALVF N.T.S. CHECK VALVE DETAIL PROJECT: PELICAN BAY/C~M BAY-SEAGATE CULVERTS IMPROVEMENTS Figure ~PU~T: PELICAN BAY SERVICES D/V/S/ON · 4.5.1.(d) WILSON ~ M I L L E R ~,, .c°'"~,,, . .~'~°~/"~ 25E S~~~--~~~ 0103-081-005 PER- 79 OPTIONAL POS]' POSITION · ~1 __ ~PRINCIPLE POST ~I_ZL~:/// POSITION (CANT£D "~L I ~c]'"""~ 20" TOWARD FLOW) , ~J /-FILTER FABRIC (IN 5! ~- ) qll ~ !! ~sEc. 9~5 r~oT s~[c.) I V ~FILTER FABRIC O --~ ------ ~' ~ .,ELEVATION TYPICAL SECTION SILT FENCE N.T.S. ~ ~CHOR ~ES ~ 2 - 2' x ~ x 4' STAKES ER ~E ~.I r~o~ BALES ~ BU~ PLAN LOOSE SOIL P~CED ~ SHOVEL 2" x ~"~ ~ LIGHTLY CO~PACTEO ~ONG - SECTION TYPICAL BALE SILT BARRIER N.T.S, EROSION/TURBIDITY CONTROL PLAN ~RO~ZCT: PELICAN BAY/C~M BAY-SEAOATE CULVERT~ INPROVEMENT~ Figure ~U~T: PELICAN BAY ~ERVICE~ DIVISION 4.5.~.(e~) . CLOSED CELL SOLID--~ PLASTIC FOAM \ POST (OPTIONS: FLOATATIO~ (6' DiA. \ 2' x 4' OR 2 1/2' EOrV.)(12 LBS. PER ~ MIN. D~ WOOD: STEEL I -' M ' ~ ( REINFORCED WC .'~ROPE (600 LB. I ~ '[ JJ I 7 ~ TEST) ~ ~CINC ~ STRENGTH) ~LOAIING TURBIDI~ ~ ~ E~, STAKED TURBIDI~ BARRIERN=LON' -- I REINFORCED (300 PSI TEST) SHORE UNE TURBIDITY BARRIERS EROSiON/TURBIDITY CONTROL PLAN ~o~[c~: PELICAN BAY/C~M BAY-EEA~ATE CULVERTS IMPROVEMENTS F~gure ~PU~: PELICAN BAY SERVICES DIVISION 4.5.~. (e2) ~ 16 49S 25E ~ 1/g7 0103- 081 - 005 PER- 79 N4ATCH LINE 1 m m m P~ TS- TS - TIDE STAFF PLAN VIEW OF CONSTRICTIONS IN PRIMARY CREEKS, CHANNELS & BAYS PROJECT: C~M BAY-'vF;~ure ~PLI~T: PELICAN BAY SERVICES D/V/S/ON 4.5.2.(o) TACKNEY AND ASSOC., INC. ~"~ i+zo '" ~ "',..., .. I+1'5 _ _ ..~....e , i : ,'. = BAY H[GH i i+1'0 '"'"" " ..... ~ ............ 7'T . ........... , .... +0.5 ~..~.1,~z ~Y LOW ~ ". J ~ CU~ LOW "". / I I ' I l j -, APPROXIMATE MEAN TIDAL CYCLE FOR GULF GULF AND INNER CLAM BAY - JUNE 6, 1996 ~;~,~ ~x,co , ~_~, ~0~ I IN~ER CLMA BAY 0 4 ..... - 1.0 0 1.0 2.0 3.'0 WATER SURFACE CUMULATIVE FREQUENCIES ~ao~cT: C~M BAY Figure ~PLI~T: ~LJC~N B~Y ~RVJC~ D/V/SION 4.5.2.(b~ WILSON ~ co~u~ ~'~.. ,~ ~.5.2.(c) TACKNEY AND ASSOC., INC. ~'.~ 32.33 4~ 25E 11/97 LF HIGH' i _ _ ...?,,e , '~ · .,*"" i- ,' BAY HIGH ............. 7'T'~'." ............. -. .. °%% . *.,~,.. ........ j..,.?~,.,..,~. .,.: el t "' ,*,/. ~'or z~,~/L .... ~'-,-, · ,"' ~. ' ~'~i-CutlLeveI j __ ._.., .',Z BAY LOW :il ": LF HICH' j +:2.0 · -.'" +1.5- - ..~....e +1.0 "".*. -* ** · ,-""'"~"~ ....... ........... '~ -... .... :.' ...... ~- -:- ..... ,-"" :"T , ,.~ so,~.., L .... ---.' +0.5---~-.--"'1'~'' BAY LOW j '""~ GULF LO'// j '.. J I I ' ' ' ' ~.00 10,00 11:00 12'-00 I,,T: O0 14;00 1..~ O0 1~:00 17:00 I&O0 19:01~, 20'.00 21:00 I I i I I I I J I EL~ATIONS ~E REFERENCED TO 1929 N~D REPRESENTATIVE WATER DEPTHS .... Figure ~ COLLIER ~R.. 1997 HO ~02-080-~ I -ERP~ ~ER- 79 -- L.~.B./glB 20 ~ J8 r~ ~EC. 20~ · ~ CL PA o ¢ ,¢'..-~ o PASS R=2.01~ ODEL-1 MODEL-2 (UPPER CREEKS ~ BAYS) (STORAGE AREAS) PROJECT: C~M BAY Figure ~PLI~T: PELICAN BAY SERVICES D/VIZ/ON . 4.5.2.(e) ~ CO~UE~ ~'~., ~gz 4.5.2.(f) ~I~SO~ TAC~N~% AND ASSOC., INC. COASTAL ~GINE~RING ~ ~ ,,~ LM.~.~I~ 2~ a j~ r~ a:G. 208S3 Nov 06. ~0B181 CLAM PASS SHEET 4 SHEET 3 SHEET 2 LL SHEET 1 OUTER CLAM BAY REFER TO FIGURES 4.5.2(g)(2) AND 4.5.2(9)(3) FOR BREAKOUT SHEETS ALIGNMENT OF 4A-AD PROJ£CT: CLAM BAY A~PLICANT: PELICAN 8A Y SERVICES D/V/S/ON WILSON '--- MIL~LER CHANNEL FOR PERIJITTINC PURPOSES ONLY Figure 4.5.2.(9)(1) O. ?. TAC~NEY 20-30 ~ ~0 - 50% / P~OuEC~: CLAM BAY F~gure ~PU~T: PELICAN BAY ~E~VICES DIVISION 4.5.2.(g)(2) '~; CO~LIf~ ~R.. 1997 ~ILSON TACKNEY AND ASSOC., INC. COASTAL ENGINEERING ~ ~ ,~,. M I L L E R I Illllll II III IIIIIIII IIIIIII ~ - ' /)~/ ' ' s~T 4 S~our S ~,~ ~on~r~e on~r~ 22'! ~ 5- Figure ~Pu~f: PEL/CAN BAY SERVICES D/V/S/ON 4.5.2.(¢(3) ~AC~NE~ A~D ASSOC., INC. 32~ 49B ~ Il/g7 COASTAL ~NG~N~R~NG ~ ~ ' NO I O2-~O-~ I-~Rp~ D~c 10, 1997 - 12:05:41 UPPER R-~'5 ~ro~irnate Ending Point CHANNEL fl LENGTH Po;hi NOR TH BOAR. O'~'ALK R-.lg APPROxI~,~ATE LO,CATION O.r' SPOIL DISPOSAL ARF~A$ FOR CUrS I. 2 & 3 A~$D APPROXH/ATE LOCATION OF' Oh'R ~ONUU. ENFS SILT fENCE/ ~ FILTER FABRIC ~ GULF ~AY ~ALES EXCAVATION/SPOIL DISPOSAL PLAN C U TS 1 &: 2 &: 3 Fo~ PURPOSES or,fLY Figure ~PUC~T: PELICAN BAY SERVICES DIVISION 4.5.2.(h) W'ILSON 4.s.2.(~) MILLER TACKNEY AND ASSOC., INC. COASTAL ENGINEERING O. f. FLA. Fl O-IANNI:L CUT ~'4B I1 L~GTH / 20II CHANNEL -~. J 100 JJ J.Jr.~GTH CLALI ~ ouae. I I X / CUT i 4A b_ p o BAY ~PROXIUA/E SPOIL O~SPO~ LO~TION FOR C~ P~ (SEE SHEET 28 OF 38 - ~IGUR[ 4.5.2(0) ~OR OgNL) EXCAVATION/SPOIL DISPOSAL PLAN PURPOSES O~Y PROJECT: C~M SAY Figure ~PU~: PELICAN BAY SERVICES DIVISION ., 4.5.2.(i) TAC~NgY AND ASSOC., INC. ~*," ~ COASTAL gNG[NggR[NG ~ ~ CUT 1 ~ ~ o' N¢'~) / · --.--/--. - ~ H CUT 2 & ,.3 -- --~-4 ft 40 ft ,.~ CUT 4A ':=a, CUT 4B _ ~7 O' Nero NOTES: I. EXISTING SECTIONS VARY. 2. D{)E SLOPES O A~GiE OF REPOSE (ASSU~E0 CUT 4C TYPICAL CUT SECTIONS SEE NOTE-2 SCALE 24 68 ~0 PROJECT: CLAM ~A Y Figure 4-.5.2.(0 APPLICANT: PELICAN BAY SERVICES DIVISION WILSON e TACKNEY AND ASSOC., INC. COASTAL ENGINEERING MILLER D. T, FL,A. RE6. CUT 1 V O' NGVD %,-o,;! J '- CUT2 ~ O' NGVO 40 fl CUT 4A -.3 ft CUT 4B ~7 O' NCVO NOTES: 1. EXISTING SECTIONS VARY. 2. SIDE SLOPES 0 ANGLE OF REPOSE (ASSUUEO 30') CUT 4C TYPICAL CUT SECTIONS SEE NOTE-2 SCALE 24 6 B l0 PROJECT: CLAM £A Y Figure ~PUC~T: PELICAN BAY SERVICES DIVISION 4.5.2.(0 WILSON MILLER D. t. TACK,NEY fLA. REG. 20853 N<~ 06. 1~g7 - 15:~g:52 0;\C:n~0103~PROT~S2$.d.,9 ,, INVERTEBRATES OBSERVED OFFSHORE ALGAE OBSERVED OFFSHORE Porifera CirtacAy-rella alioclada r ;~ I r h Cn~daria (cora~s) UI~ ~c~ia ~o~ a~c~ Codiu~ $~~a ~ Hy~a Polychaetes D~i ~ia ~ei~ ca~tala *Species believed to be correct. Fab~ l~obala Tun;cotes St~la spp. Mollusks ~qhtlnq conchs Si~b~ Pen shells AL~ Echinoderms Beaded sea st~r Asim~cte~ sp~ Long-sp;ned black urchin ~~ Netted sea star L~ Nine-armed sea stcr l~ Var;able urchin L~echi~ ~ve-holed keyhole urchin ~eliila ~thropods 'Stone crab Me~ip~ ~e~ Horseshoe crcb Lim~ Spider crab Libi~ VERTEBRATES OBSERVED OFFSHORE Fish Leather jackets Oii~{Je$ Sea robin ~l~ Sand perch ~eci~m ToodEsh Opsa~ beta Uger golby Cob~so~ ~c~ ~NFORMAT~ON PRODDED BY Sheepshecd A~sarg~ ~baloce~ TURRELL & ~SOC~TES. INC. Pinfish ~go~ r~mbei~s Nurse shork Cingi~sio~ DOCUMENTED ORGANISMS IDENTIFIED OFFSHORE FROM CLAM PASS PURPOSES ONLY PROJECT: C~ ~ Y F~gure ~PU~: PELICAN BAY SERVICES DIVISION 4.5.2.(m) ~ COLLIER I ~R., I997 ~I~SO~ TACKNEY AND ASSOC. INC. ~,.~ COASTAL ENGINEERING ~ ~ . ~M.B./918 26 16B18 : lO00 BOTTOM TR~,NSECT LOC/~ ~rIONS Figure 4.5.2.(n) Turrell Il A~3oc~ate~. Inc M&rll3e & £rtWlronmenLA~l Con~,ultlnI ~Chinf~ A~e Suite B. Nep CLAM PASS ]{ARD BOTTOM T~NSECT LOCATIONS 7 45 L78 ~ 4S ~ 22 SPOIL DISPOSAL ?.?a 5~s SCALE: I' = 40' 7.5g ~ ~ 4 4~ - B~ v EW _ SPOIL DISPO~L ~EA r 4 3 - 2 - I - EXISTING EL~ATION 0 -- PROPOSED EL~AT~ON PROPOSED SPO~L (~ROXI~TELY ,OT~: SECTION D-D ~oo - ~soo c~) EXCAVATED D~CH QU~LI~ .,, ~ APPROXIMATELY 2 ~. ~D ~LL BE REL~ATED S~LE: 1' = 40' C~ OF CLaN ~D TO GULFS~DE FOR B~CH RENOURISH~ENT ~D/OR ~ PROPOSED EXCAVATION P~EME~ O~R SO~L (SEE NOTE) DISPO~ ~ TEMPO~ R~NING , BERM PURPOSES ONLY PR~ECT: C~ Figure COASTAL BNG]NBER]NG '~' ~. _ : L.~.~./~8 ' 280 ~ 38 ~ ~EG. 20853 07. ~98 - '13:~742 D.~OwG'~OlOJ~l~qo?gs~8.d~g ; :; .,. . ~oo TO ~oo ) ~// u~xz~c ZONE ~O- --, ~ ~ // / o~s~o~ ~ FO~ I / // ~1 ( 600 TO 800 FEET). J ~ / H,CH ~0 LOW ,,~ ~ ~ OUTER SPOIL DISPOSAL LOCATION eu~os~s o,L~ CRO~ECT: C~M ~A Y Figure ~PU~T: PELICAN BAY SERVICES DIVISION 4.5.2.(o) .~. ~.~ ~ILSO~ ~ oo~ur, ~,.. ~ TACKNEY AND ASSOC., INC. ~'" ' COASTA~ ENOINBBR[NG ~" ~ 1 6 B 1 8 Photo I. The west side of Upper Clam Bay looking SOuth from the top of the Contessa, November 1995. (Photo by Roy R. "Robin ~ Lewis IlL Lewis E.'rvironmental Service& [nc,. Tampa. Florida.) Photo 2. The west side of Upper Clam Bay looking south from the top of the Contessa, December 12, 1996. (Photo by Roy t[ "Robin" Lewis Ill, Lew~s Environmental Services. Inc.. Tampa. Florida.) FIGURE 4.5.3(a) Sheet 29 of ~ B(::~JNrt*~R~ES O¢ k~NGROVE MANAG EMI~T UNITS RESTORED CHAN t,'ELS I~.~ ~'FOR A TI ON PHASE ONE Ill PROPOSED LATERAL RESTORATION PROPOSED SWALE RESTORATION PROPOSED MAINTENM, ICE PROPO~D MANAGEMENT AREAS MLSON N $ MILLER PER-79 Sheet 30 of 38 Figure 4.5.3.(b) ~ E M~/,i"r UI~T lDO S*'rl~lO RF~5'TORED PROPOSED PC:tOC~OSED SIDE RESTORATIOtt PHASE TWO CONTINGENCY PLAN MILLER PER-79 Sheet 31 of 38 Figure 4.5.3.(c) 16B18 PHASE THREE (a). CONTINGENCY PLAN. PROPOSED LA'rEIgN. C~NNINEL RE,5'rORATION PROPOSED ,i'WAt. E RESTORATION $ MILLER PER-79 Sheet 32 of 38 Figure 4.5.3.(dl) 16BI 84 PHASE THREE (b) CONTINGENCY PLAN P'RO~:)~D LATER ,,U.. CHANNEL REb*~ORATION PROJ::~)SE.D SWA/~£ RE~*TORATION PRC~'OS~D MNNTEN,~.~CE OF E)gSTIN~ CHAPELS WILSON MILLER PER-79 Sheet 33 of 38 Figure 4.5.3.(d2) J ij6B1 B >_. uJ ~ ! i i o Lu> n I '~0 z I 0'~ I I I i ~ ~ ~>- '_ - o ~o <~<~ .~ z~. ~ ~ ~ i Z~ -_~ Z , ~1 ~ i : Figure ~PUC~: PELICAN BAY SE~Y/CES DIVISION ~.5.5.(e) S ~ NOIO2-OSO-OOI-ERP~ PER-7~ INTERNAL MAIN CHANNEL RESTORATION EXISTING PROPOSED SECTION X-X INTERNAL SIDE CHANNEL RESTORATION idHW - 1.50 FT. NGVO. MLW - (-)0.51 FT. NGVD (GULF TiDE ELE~'ATIONS " ! PER D,T. TACKNEY, P.E.) EXISTING PROPOSED SECTION Y-Y SECTION Z-Z TYPICAL EXISTING AND PROPOSED CROSS- SECTIONS, HISTORICAL MAIN DRAINAGE CHANNELS AND SIDE DRAINAGE CHANNELS. N,T.S, PROJECT: C~,~M. BAY Figure APPLICANT: PELICAN BAY SERVICES DIVISION 4.5.3.(f) WILSON co, , ,~, ' ~"~:R., .~ LEWIS ENVIRONMENTAL ,,~, ,. ~. '~ ~,~ SERVICES, INC · NO~O2-OSO-OO~-ERPA~ PER-Y9 L.M. 8./918 ~5 ~J8 fLA. RIG. 36644 16B18 INTERNAL LATERAL CHANNEL RESTORATION EXISTING PROPOSED ~N INTERNAL SWALE XX-XX RESTORATION MHW - 1.50 FT. NGVD. MLW - (-)0.51 rt. NCVO (GULF T~DE ELCVATIONS PER D,T. TACKNEY, P.E.) SMALL LATERAL CHANNEL AND SWALES N.T.S. PR0U£CT: CLAM BAY F;gure APPLICANT: PELICAN BAY SERVICES DIVISION 4.5.}.(g) ~V'I LS Ol'q MILLER ~ I997 LEWIS ENVIRONMENTAL -- SERVICES, INC ........ f ~" ~...~ ..... ~-- Dec 12. 1997 - 12:34:54 16B]L 8 ALL SPOIL DISPOSAL AS THIN LAYER OF BIODEGRADABLE ORGANIC MUCK. P~T AND P~T DEBRIS RESULTING FROM EXPLOSIONS. NO SPOIL PILES. BERMS OF UPLANDS TO BE CRATED. TOTAL DEBRIS AS SPOIL WILL NO7 EXCEED xxx CU. YDS. INTERNAL MAIN CHANNEL RESTORATION (CHANNEL "A" ONLY) EXISTING PROPOSED SECTION X-X INTERNAL SIDE CHANNEL RESTORATION (CHANNELS B,C,D,1A-6A & lC) EXISTING PROPOSED SECTION Y-Y SECTION Z-Z d L~NUAL AND EXPLOSrVE ~XlUUM 225 CU. YDS. OF 8OTH MANUAL AND EXPLOSION DISTRIBUTED DEBRIS d M ANUAL AND EXPLOSIVE I~IAXIMUM 1,.386 CU. YDS. OF BOTH MANUAL AND EXPLOSION DISTRIBUTED DEBRIS MHW - 1.50 Fr. NORD. MLW - (-)0.51 FT. NGVD (GULF TIOE ELEVATIONS PER D.T. TACKNEY. P.E.) METHODS OF SOIL DISPOSAL *(1) N.T.S. PROJECT: CL~M BAY Figure APPLICANT: PELICAN BAY SERVICES D/VISION WILSON MILLER LEWIS ENVIRONMENTAL SERVICES, INC. STrl:h,l£ N uEAHS rL~ REG. 36644 INTERNAL LATERAL CHANNELS ! ~ MANUAL ~"1 CLEARING MAXIMUM 441 CU. YDS. OF I I I Z' MAN UALLY L L DISTRIBUTED DESR:S EXISTING PROPOSED SECTION XX-XX INTERNAL SWALES ' DEBRIS EXISTING PROPOSED SECTION YY-YY MHW - 1.50 FT. NGVD. ULW - (-)0.~ ~. NOVO (GULF TIDE EL~ATIONS PER 0.T. TACKNEY. P.E.) METHODS OF SOlE DISPOSAL *(2) N.T.S. Figure APPLICANT: PELICAN BAY SERVICES DIVISION 4.5.~.(i) WILSON " ~' co,,~ ~.. ,~ LEWIS ENVIRONMENTAL ~ ~,.~ ~ ~ ~ 3~.33 49~ 252 1~/97 SERVICES, INC. ' ~ ~ ,~ ~ ~o,o~-~o-~,-~,~ ~-~ t.~.B./918 38 ~ 38 r~ RKC. 36644 PASS £no~ng Point cur /'3 2cfr CHANNEl. A~pr oz;n-.ote 8eqinn~nq Point UIDDI F CLAM PASS CUT 14B CUT CUT OUTER CLAU BAY SHEET 2 CUT ~ 4A 3orr CHANNEL 2330 It IFNC;TH SOU TH BOARDWALK PROJECT: CLAM BAY EXCAVATION 5 &: 4A PLAN FOR CUTS THROUGH 4D FOR PERMII'rING PURPOSES ONLY APPUCANT: "~/ILSON, PELICAN BAY SERVICES D/V/S/ON MILLER r ~gure 4.5.2.(I) REG. 20853 199602789([P-CC) CUT 1 ~ V O' NC~ / ,, $ CUT2 &3 ~ O' NOVD zO fl CUT 4A 2. PROJECT: CUT 4B ~ o' NCVD CUT 4C EX~STiNG SECTIONS VARY. DOE SLOPES 0 ANGLE OF REPOSE (ASSU~ED TYPICAL CUT SECTIONS CLAM 8AY ~£ NOF~- 2 0 2 ~ 6 8 10 HOffiZC~FI~L A~PLICANT: PELICAN BAY SERVICES D/V/S/ON WILSON MILLER TACKNEY AND ASSOC., INC. COASTAL ENGINEERING Figure 4.5.2.0) rT.A. ~£c. 199602789(IP-CC) APR 6. 1998 INVERTEBRATES OBSERVED Por~fera Cnidaria (corals) ~c~ ~c~ Polychoet~ F~ t~bat~ Tunicotes St~ sp~ Mollusk~ ~ghtlng conchs Pen shells [ch;noderms Beaded sea Long-s~ined black u~ch~n NeHed sea star Nine-or~ed sea st~r Vo6oble urchin ~ve-holed keyhole urch;n ~thropods Stone crab ~e~(p~ Horseshoe crab Spider cr~b L~n~ Leather jackets Sea robin Sand perch Toadflsh ~ger golby Sheeoshea~ Pinfis~ Nurse shark DOCUMENTED OFFSHORE Astropecter~ spp. Hell ita quir~qu~spe"r forata ALGAE OBSERVED OFFSHORE 16B18 : n '~ n I r h Acetab~l~ria spp. Ca ~lerT~= sm'~ ula ?'io i. d. e s Ca ~lerp~ UI~ Codi~ t ;v; ; nrh ~h * C~~ 'H~ spp r wn ; ; ; n h · Species believed to be correct. INFORMATION PROV1DED ETY TURRELL & ASSOCtATES. INC. OFFSHORE ORGANISMS IDENTIFIED FROM CLAM PASS PURPOSES ONLY PROJECT: CLAM BAY ~gure 4,5.2.(m) APPUCANT: PELICAN WILSON MILLER BAY SERVICES D/VIS/ON ~ COLLIER ~PR. 1997 TACKNEY AND ASSOC., INC. ~ COASTAL ENGINEERING 199602789(IP-CC} APR 6. 1998 0 2~o ~o 6B18 io~x~ COLL ~'R C 0~.4 I'¥.----./ IO&~OwzL~ HARD BOTTOM TRANSECT LOC~, TIONS C£AM PA SS Figure 4.5.2.(n) HARD BOTTOM TRANSECT LOCATIONS 199602789(IP-CC) APR 6. 199g Oo HARD BOTTOM At £2 ... I:Xscharg~ ~ for s~x~tl~m sections of C~I 4A. k~.atlon to be ~(errnlr~d by and alvtslo~) ,° ,INDICATES HARD1 BOTTOM AREA 16B 18 iooo Dtsci~rge pipe for northern IlClJortl of Cull 4A,4B.4C. end 40. {Si>eclflc k)catk>n to be ,l::lItelmr~ll"~,e.d by co~tractor and Pelican Bay Services DlvisiorL) /l, ppt~xlmale discharge Iocatlo~ and mixing zone fo,- r~ll-~m s~tlons of Cuts 4A.4B.4C and 40 (between MHW a~d MLW). Approxlmale Iocztlor~ of m|x|ng zor~ for sect|on o! Cut 4A. l~rrc[l &: A~soct&t.e-~. Inc. C£A M PA SS AREA OF VERT/CA£ RELIEF APR 6. 1998 6B1 8 Photo I. The wes~ s|d~ ofU1:~' sottth f-win th~ top of the Contessa, November 15, FIGURE 4.5.3(a) Photo 2. The west side of Upper Clam, Bay looking south from the top of the Contessa, December 12, 1'996. (?hoeo by Roy g. "Robin ~ Lawi, III. Lawis Environmental Services. Inc.. Tampa. Fl~rida. J 199602"/g9(IP-CC) APR 6. 1998 Sheet 29 of 38 18B18 PHASE ONE ~TZ~ON MILLER ~ ,.4 PER-79 Sheet 30 of 38 Figure 4.5.3.(b) P'ROPO~,ED ~N RF.b"'T ORATIO/,I PHASE TWO CONTINGENCY PLAN MILLER PER-79 Sheet 31 of 38 Figure 4.5.3.(c) 8 PHASE THREE (a) CONTINGENCY PLAN PROPO~-D M,UNTE~ANC£ OF EX~T~N~3 C~,,u~HELS VrTL~ON MILLER PER-79 Sheet 32 of 38 Figure 4.5.3.(dl) E~GST1HG R ESTORE~ ~ M~N RE,~'TORAllO/~ RESTO~ATIOH PHASE THREE (b) CONTINGENCY PLAN MILLER PER-79 Sheet 33 of 38 Figure 4.5.3.(d2) Z YZ Ld~- ZL~ 1,1 o~- ~z PROJECT: C~fl, M ~:~A Y ,~Pu~: PELICAN BAY'SERVICES D/V/S/ON Figure 4.5.3.(e) ~"D:~HEN u~d~tS ~ R[C. 56644 199602789(IP-CC) APR 6. 1998 INTERNAL MAIN CHANNEL RESTORATION ) EXISTING PROPOSED SECTION X-× 16B1 8 INTERNAL SIDE CHANNEL RESTORATION EXISTING PROPOSED S E____~_CTION y-y TYPICAL EXISTING AND SECTIONS, HISTORICAL CHANNELS AND PROJECT: CLAM BAY PROPOSED SIDE MAIN DRAINAGE CROSS- DRAINAGE CHANNELS. N.T.S. ~PUC~T: PELICAN BAY SERVICES DIVISION WILSON MILLER LEWIS ENVIRONMENTAL SERVICES, INC. Figure 4.s.3.(0 199602789(IP-CC) APR 6. 199g 8 INTERNAL LATERAL CHANNEL RESTORATION EXISTING PROPOSED SECTION XX-XX INTERNAL SWALE RESTORATION PROJECT: SMALL CLAM BAY LATERAL CHANNEL AND SWALES N.T.S. ~PUC. X~: PELICAN BAY" MILLER SERVICES DIVISION LEWIS ENVIRONMENTAL ~ SERVICES. INC. ~,~,~,_~,~,. __:_ "" I ~ '-...'". ,~'./.~ ." o ~ Figure 4.5.5.(g) ~'l'ICPIHEN. I, LF.A,~S 199602789¢IP-CC) APR 6. 1998 ALL SPOIL DISPOSAL AS THIN LAYER OF BIODEGRADABLE ORGANIC MUCK. PEAT A.ND PLANT DEBRIS RESULTING FROM EXPLOSIONS. NO SPOIL PILES. BERMS OF UPLANDS TO BE CREATED. TOTAL DEBRIS AS SPOIL WILL NOT EXCEED XXX CU. YDS. INTERNAL WAIN CHANNEL RESTORATION (CHANNEl. "A"/ON'Ly)'' EXISTING PROPOSED SECTION X-X INTERNAL SIDE CHANNEL RESTORATION (CHANNELS B,C,D,1A-6A & 1C) EXISTING PROPOSED SE___CTION Y-Y 16B18: C~MANUAL AND EXPLOSNE NG U, AXtI. IUI~ 225 CU. YDS. OF' BOTH MANUAL AND EXPLOSION DISTRIBUTED DEBRIS dMANUAL AND EXPLOSIVE _~ING MAXIMUM 1,586 CU. YDS. OF BOTH MANUAL AND EXPLOSION DISTRIBUTED DEBRIS PROJECT: METHODS OF SOIL DISPOSAL *(1) CLAM BAY APPUCAm': PELICAN BAY 'SERVICES DIVISION . ~v'ILSON LEWIS ENVIRONMENTAL '~ ' SERVICES, INC .......... ".~. ..... "" Figure 4.5.3.(h) 5'rLrr~EN UEA~S ~ REG. 36844 APR. 6, 1998 ~NTERNAL LATERAL CHANNELS EXISTING PROPOSED SECTION XX-XX O~MANUAL C~ING MAXIMUM 441 CU. YDS. OF DISmlB~ED DEBRIS EXISTING INTERNAL SWALES ~l CLEARING MAXIMUM 229 CU. YDS. OF 1,4ANUALLY DISTRIBUTED DEBRIS PROPOSED S__E~TIO N YY-yy PROJECT: NtETHODS CLAM BAY OF SOIL DISPOSAL *(2) N.T.S. APPUCANT: P£L/CAN BAY SERVICES D/V/S/ON F~gure ~v'ILSON MILLER LEWIS ENVIRONMENTAL SERVICES, INC. COLUD~ 4§$ 5'TEP~EN NrA,NS 199602789 (IP-CC) APR. 6, 1998 DEP ATTACHMENT C: SPEC I FIC CONDIT IONS Page 8 1 I. Within 30 days after completion of construction or completion ora subsequent maintenance event authorized by this permit, the permittee shall submit to the Bureau of Beaches and Coastal Systems and the appropriate District office ofthe Department a written statement of completion and certification by a licensed professional engineer registered in the state of Florida. This certification shall state that: ali locations and elevations specified by the permit have been verified; the actMties authorized by the permit have been performed in compliance with the plans and specifications approved as a part of the permit, and all conditions ofthe permit; or shall describe any deviations from the plans and specifications, and all conditions of the permit. When the completed activity differs substantially from the permitted plans, any substantial deviations shall be noted and explained on two copies ofas-built drawings submitted to the Department. SPECIFIC CONDITIONS: Prior to commencement of the actMties authorized by this permit, the permittee shall ensure the following activities are conducted and information provided: At least 30 days prior to each construction event, the permittee shall identify a qualified biologist/wetland scientist(s) familiar with ecosystems o£Florida and submit their qualifications to the Department for approval. This individual will serve as the supervising scientist that oversees the biological components of this restoration project and will halt construction if he/she suspects that violations of the permit have occurred. At least 30 days prior to commencement of construction, the "Proposed Scope of Work" described in the Biological Monitoring section ofthis permit shall be submitted to the Department for approval. Prior to commencement of construction, the construction plans and bid documents showing the work area contemplated to be constructed shall be submitted to the Department to be verified/approved by Department staff. Excavation work authorized by this permit shall be administered in accordance with Specific Condition 1.(g) below. To the fullest extent possible, the smallest, lightest mechanized equipment and smallest work areas adequate to conduct the activities authorized by this permit shall be used to minimize adverse impacts to natural resources and the substrate where mangrove regeneration is encouraged. Prior to commencement of each dredging event authorized by this permit, a pre-construction conference shall be held among the contractor, the owner or authorized agent, the wetland scientist(s), the marine turtle permit holder, the USI~VS, and a staff representative of the Department to establish an understanding among the parties as to the items specified in the General and Specific conditions of the permit and the Monitoring requirements. At least 10 days advance notice shall be provided prior to conducting this meeting. The Permittee shall submit the project specifications as required under Specific Condition l.(g) below to BPSM for review and approval relative to the project specifications' probable impacts on marine turtles, If/he type o£dredge proposed has the potential to adversely impact marine turtles as determined by BPSM stall', additional conditions to protect marine turtles ma)' be required by the Department as part ofthis permit. If blasting is proposed, a blasting plan shall be submitted to the Bureau of Beaches and Coastal Systems and the Bureau of Protected Species Management in Tallahassee for approval at least 30 days before the proposed blasting event. Additional conditions relating to the proposed blasting activities may be needed and added to this permit by the Department. At least forty-five (45) days prior to the initial dredging event and any subsequent maintenance dredging event authorized by this permit, the permittee shall submit to the Department's Bureau of Beaches and Coastal Systems in Tallahassee detailed project specifications, including but not limited to plan view and cross section drawings, which detail the dredge and fill limits at the dredging and disposal sites, the method of construction and construction schedule, and a processing fee as specified by Rule 62B-49, F.A.C. Additionally, the work area ofthe authorized excavation shall be clearly marked in the field by the wetland scientist(s) to allow the Department staffto verify and approve the location of the excavation. The Department may request additional information as necessary in order to review each proposed dredging event. Written approval from the Bureau of Beaches and Coastal Systems in Tallahassee shall be obtained before proceeding with each dredging event. Department approval for individual dredging events may be contingent upon the permittee's acceptance of additional conditions, such as turbidity and/or water quality monitoring, which may be determined to be appropriate based on data submitted to the Department in support ora dredging request or upon the results of previous dredging. 2. The following conditions are required to minimize impacts to marine turtles: a) No construction, operation, transportation or storage o£equipment or materials are authorized seaward of the dune crest during the marine turtle nesting season (Ma.,,' 1st through October 31st ). This includes dredging ofthe main pass and disposal of dredged material seaward of the dune crest, including the intertidal zone. The other activities landward of the dune crest may be conducted during the marine turtle nesting season provided the necessary measures are taken to protect marine turtles. b) greater contain coarse Fill material placed on the beach shall be sand that is similar to that already existing at the beach site in both coloration and grain size. All such fill material shall be free of consm~ction debris, rocks, other foreign matter and shall not contain, on average. than 10 percent fines (i.e. silt and clay) passing a No. 200 sieve and shall not gravel or cobbles (exclusive of shell material) retained by a ,; No. 4 sieve. c) Fill material shall not exceed a 10:I horizontal to vertical slope and shall be placed below Mt-BV. If fill disposal results in a barrier or depression in the beach profile that interferes with marine turtle nesting, the permittee shall be required to remove that feature upon request by the Department. d) Reports on all nesting activity is currently provided to the Department by Collier County Department of Natural Resource Protection. The Permittee shall ensure that the reports prepared by the Collier County Department of Natural Resource Protection shall include the collection of data specific to the project area for the initial nesting season following the completion of construction, and for a minimum oftwo additional nesting seasons, unless waived as herein provided. Monitoring during the additional seasons may be waived if the permittee can demonstrate that the fill material is no longer present in the project area, or that turtle nesting the first season post-construction was not adversely affected compared to an appropriate control area. Monitoring shall include daily surveys and any additional measures for turtle protection authorized by the Department. Reports shall be submitted to the Department in accordance with current protocols with the Collier County Department of Natural Resource Protection, but as soon as practicable atter the completion of all monitoring activities, and shall include daily report sheets noting all activity, nesting success rates, hatching success ofall relocated and in situ nests, and names of all personnel involved in nest surveys and relocation activities. All nesting surveys and nest relocations shall be conducted only by persons with prior experience and training in these activities and duly authorized to conduct such activities through a valid permit issued by the Department, Division of Marine Resources, pursuant to Florida Administrative Code Rule 62R-I. e) If heavy equipment is required to transport equipment or materials on the dry beach (above MI%V), the path of the equipment will be tilled to 36" to avoid compaction impacts prior to the following nesting season. f) Management, sea leveled immediately if Visual surveys for escarpments or barriers along the project area shall be made immediately after completion ofthe project and prior to May I in any year that disposal of beach quality material is placed on the beaches adjacent to Clam Pass unless inspection ofthe disposal area indicates that the dredged material has been removed by natural processes, in which case this permit condition shall not apply. Results of the surveys shall be fa_xed to the Bureau of Protected Species (850) 921-4369, prior to any action being taken. Escarpments that interfere with turtle nesting or that exceed 18 inches in height for a distance of I00 feet shall be to the natural beach contour by May 1 st. The Department shall be contacted subsequent reformation of escarpments that Can interfere with sea turtle nesting or that exceed 18 inches in height for a distance of I00 feet occurs during the nesting and hatching season to determine the appropriate action to be taken. In each year where the escarpment survey is conducted, a summary of the survey and actions taken shall be submitted to the Department. g) During the marine turtle nesting and hatching season, all lighting associated with project activities landward of the dune crest and visible from the beach shall be limited to the immediate area of active construction only. Such lighting shall be shielded Iow pressure sodium vapor lights to minimize illumination of the nesting beach and nearshore waters. h) Bureau appropriate In the event an unmarked marine turtle nest or a dead, injured, or sick marine turtle is discovered during construction activities, the marine turtle permit holder and the of Protected Species Management shall be notified immediately such that conservation measures can be taken. The following conditions are required to minimize impacts to manatees: The permittee shall instruct all personnel associated with the project ofthe potential presence of manatees and the need to avoid collisions with manatees. All construction personnel are responsible for observing water-related activities for the presence of manatee(s). The permittee shall advise all construction personnel that there are civil and criminal penalties for harming, harassing, or killing manatees which are protected under the Marine Mammal Protection Act of 1972, The Endangered Species Act of 1973, and the Florida Manatee Sanctuary Act. Siltation barriers, ifused, shall be made of material in which manatees cannot become entangled, are properly secured, and are regularly monitored to avoid manatee entrapment. Barriers must not block manatee entry to or exit from essential habitat. All vessels associated with the construction project shall operate at "no ~vake/idle" speeds at all times while in the construction area and while in water where the draft ofthe vessel provides less than a four-foot clearance from the bottom. Ail vessels will follow routes of deep water whenever possible. e) If manatee(s) are seen within 100 yards ofthe active daily construction/dredging operation or vessel movement, all appropriate precautions shall be implemented to ensure protection of the manatee. These precautions shall include the operation of all moving equipment no closer than 50 feet of a manatee. Operation ofany equipment closer than 50 feet to a manatee shall necessitate immediate shutdown of that equipment. Activities will not resume until the manatee(s) has departed the project area of its own volition. Page g 6818 Any collision with and/or injury to a manatee shall be reported immediately to the Florida Marine Patrol at 1-800-DIAL FMP (I-800-342-5367). Collision and/or injury should also be reported to the U.S. Fish and Wildlife Service in Jacksonville (1-904-232-2580) for north Florida or Veto Beach (I-407-562-3909) in south Hofida. Temporary signs concerning manatees shall be posted prior to and during all construction/dredging activities. Ail signs are to be removed by the permittee upon completion of the project. A sign measuring at least 3 ft. by 4 ft. which reads Caution: Manatee Area will be posted in a location prominently visible to water related construction crews. A second sign should be posted ifvessels are associated with the construction, and should be placed visible to the vessel operator. The second sign should be at least 8 i/2" by I 1" which reads Caution: Manatee Habitat. Idle speedis required if operating a vessel in the construction area. All equipment must be shutdown if a manatee comes within 50feet of operation. Any collision with and/or injury to a manatee shall be reported immediately to the Florida Marine Patrol at 1-800-DIAL I:7VIP (1-800-342-5367). The U.S. Fish and Wildlife Serwce shouM also be contacted in Jacksonville (1-904- 232-2580)for north Florida or in Vero Beach (l-407-562-3909) for south Florida. Permanent manatee informational signs, such as those shown in the enclosed example sheets, shall be installed and maintained at the canoe boat ramp at the southern end of Outer Clam Bay following completion of the initial dredging event. 4. Pursuant to the Florida Department of State, Division of Historical Resources (DOS-DHR) regulations, no heavy equipment, land clearing, or ground disturbing activities shall be allowed at sites 8CR476, 8CR547, and 8CR576, unless subjected to prior testing by a qualified archaeologist and approved by the DOS-DHR. See the attached permit drawings for the locations of these historically significant areas to be avoided. 5. The Clam Bay ecosystem contains waterways that are difficult to navigate due to shallow water depths and meandering channels lined with protruding mangrove branches and roots. To protect the significant natural resources and water quality of the Clam Bay ecosystem, and to provide protection to the public safety (boaters utilizing these waters), there shall be an idle speed/no wake restriction on motorized vessels used in the system (as stipulated in County Ordinance No. 96-16). The existing restrictions placed upon boating activities within the Clam Bay system by County Ordinance No. 96-16 shall remain active and enforceable for the life of this permit. Additionally, two Horida Marine Patrol approved signs that state, "Idle Speed- No Wake" and "Caution- Shallow Water and Natural Resources Present- Tilt Motor Up To Prevent Prop Dredge- Damage to Natural Resources Subject to Fines, Pursuant to Ch. 370, F.S." shall be placed at the follov, Sng locations following completion of the initial dredging event: One within the entrance of Clam Pass facing boaters entering the bays; One at the entrance to Outer Clam Bay facing north and easily legible to boaters entering Outer Clam Bay; r One at the entrance to Inner Clam Bay facing south and easily legible to boaters entering Inner Clam Bay; One at the entrance to Upper Clam Bay facing south and easily legible to boaters entering Upper Clam Bay; and, One within the upper reaches of Outer Clam Bay facing southeast and easily legible to boaters leaving Seagate. 6. To protect the submerged natural resources (seagrasses and oyster beds) adjacent to the channels to be dredged, weighted turbidity screens that extend to the bottom of the waterbodv shall be installed between the natural resource and the dredge to effectively isolate thc natural' resource from the active dredge and prevent adverse impacts to the natural resource via suspended panicle settlement. The turbidity screens will only need to be placed on the down current side between the natural resource and the dredge to assist the contractor in identifying the significant natural resource areas and to protect the natural resources from the dredge and temporarily elevated turbidity levels. 7. A minimal amount of trimming and removal of mangroves will be needed to conduct the authorized activities in the smaller interior channels. These activities are to be supervised by the Department approved wetlands scientist described in Specific Condition I above. To ensure that the biological health and productivity of the mangroves are not adversely impacted to a significant extent, the following mangrove trimming procedures must be followed, pursuant to Sections 403.9321-403.9333, Florida Statutes. Only once-per-year trimming of the mangroves needed to conduct the actMties authorized by this permit, and to maintain the canoe trails is allowed; no trimming of mangroves to create or enhance views within tiffs ecosystem is allowed. Prior to trimming or removing any mangroves, the species of the trees must be identified and tagged by a qualified biologist, wetland scientist(s), or botanist and verified by stafffrom the Department's South District Office in Ft. Myers, or the Bureau of Beaches and Coastal Systems in Tallahassee. All trimmed mangrove parts greater than one inch in diameter shall be removed and composted on the uplands to prevent further restriction of tidal flow within the interior channels: Live Man~rove Trimming Procedures Maximum Diameter- No white mangrove tree with a single trunk diameter greater than twelve inches dbh (diameter at breast height= the diameter of the tree at 4.5 feet above the substrate) may be top trimmed. No black mangrove tree with a single trunk" ~' diameter greater than eight inches dbh may be top trimmed. No red mangrove tree with a single trunk diameter greater than one inch may be top trimmed. Top Trimming- White and black mangrove trees within the specified trunk diameters may be trimmed to a height of four feet above substrate. The limit oftop trimming for red mangroves within the specified trunk diameters is 6 linear feet above the substrate. Top trimming shall not occur from May I through September 30. No more than half of the canopy of the tree shall be trimmed. No white and black mangrove trees less than 4 linear feet in height shall be trimmed. No red mangroves less than 6 linear feet in height shall be trimmed. Removal of Lateral Branches- For white and black mangrove trees, lateral branches originating between four and fifteen feet above the substrate may be removed from a trunk of any dbh. For red mangroves, up to filly percent of the lateral branches originating between six and fifteen feet above the substrate may be removed. In multiple trunk trees, the trunk having the greatest dbh is designated as the primary trunk: others are designated as lateral branches. General Prohibitions- No herbicides or chemicals may be used to alter mangroves. No burning may be used to alter mangroves. No deliberate damage to prop roots, pneumatophores, and regular roots. No cutting of any mangrove that serves as breeding, nesting, or roosting area for colonial water birds; or is used by endangered species, threatened species, and species of special concern for breeding, or which is routinely used, by endangered species, threatened species, or species of special concern, as listed in Rule 19-27, F.A.C., and 50 CFR 17.11-12; or contains a nest or nests of protected solitary nesting birds as defined in Rule 39-12.002 or 39-27.002, F.A.C., except where a permit has been issued by the Florida Game and Fresh Water Fish Commission, or, where appropriate, the U.S. Fish and Wildlife Service, to remove the nest or nests. Page 12 .Dead ,Man~rove Trimmin~z or Removal Procedure.~ Due to the large numbers ofdead mangroves within certain areas of this ecosystem, up to 50% of the dead trees may be removed within the areas of massive die-offs to facilitate recolonization by mangroves. For public safety, all dead mangroves within 20 feet ofthe existing paved roads may be removed. Prior to removing any dead mangroves, the trees shall be inspected and tagged for removal by the approved wetland scientist(s). Prior to their removal, these tagged trees shall be approved for removal by staff from the Department's South District Office in Ft. Myers, or from the Bureau of Beaches and Coastal Systems in Ta/lahassee. The larger, sturdier dead trees suitable for roosting and nesting shall remain. Dead mangroves approved for removal shall be removed at the substrate level with care not to damage or disturb surrounding, living vegetation. The removed dead trees shall be compostcd or disposed on thc uplands to prevent further restrictions of tidal flow within the interior channels. 8. As part ofthe restoration and long-term management of'this ecosystem, activities shall be conducted to remove the nuisance exotic vegetation (including Australian pine and Brazilian pepper) within the Clam Bay Natural Resource Protection Area. These activities shall be conducted with the goal in mind to remove all nuisance exotic vegetation from the area with the actual percentage of nuisance exotic vegetation not exceeding I% of the total vegetated area. When removing the nuisance exotic vegetation, care shall be taken to not harm the surrounding native vegetation. Mechanical removal should remove as much of the roots of the exotic as possible followed by hand removal, or chemical treatment of any suckers. If chemical treatment is used, only environmentally safe chemicals, such as garlon and roundup, shall be used with special care taken to not spill/spray any in or on the water or native vegetation. 9. Within seven days of completion ofthe authorized activities (including the mangrove alterations, interior channel excavations, and removal of nuisance exotic vegetation) throughout the Clam Bay ecosystem, the contracted crews shall return to each work area and remove the trimmed branches and trees (dead trees approved for removal) greater than I inch in diameter to appropriate upland locations. The crews shall also re,grade any spoil pile or berm that may have been created as part of the excavation work, such that there is no impediment to sheet flow and no created uplands as a result of the project. l 0. Small charge explosives may be used to restore tidal flow in the interior channels where the use of mechanized and hand-held equipment is not feasible. The areas designated for the use of explosives shall be marked by the wetland scientist(s) and these marked areas shall be approved by Department staffprior to the use of the explosives. The explosives shall be carefully placed and detonated only in areas where their use will have minimal adverse impacts to significant natural resources. A Florida licensed explosives expert shall install and detonate all explosives associated with the project. 11. To develop a data set to understand the impact of£reshwater discharge into the Clam Bay ecosystem from the developed uplands, the permittee shall submit detailed plans for the following primary, studies within 120 days following permit issuance to the Department for approval. These studies are designed to identify existing water sources and water needs, and propose feasible methods to meet these water needs while concurrently reducing water discharges into the Clam Bay ecosystem (see the Clam Bay Restoration and Management Plan for the details and specifics of each study): ,Study I- Vegetation Analysis/Irrigation Requirements; Study 2- Retarding Upland Water Flows into Clam Bay; ud 3- Re u 'n Flowfr mPerim terBe Ar at lamBa ; Study 4- Groundwater Fl0ws; S ud 5- tilization f t rmwat r Maria en k as urce for lrri,ation; and, any additional studies that may be needed to generate the information required to fully understand the impact of freshwater discharge into the Clam Bay ecosystem from the developed uplands. Page 13 The study plans shall include detailed descriptions and maps, activities to be conducted, methods, and qualified personnel involved for each s~dy. The permittee shall be~in implementation of the Department approved studies within 180 days followinl~ permit issuance. 12. The permittce shall conduct the studies required by Specific Condition No. I I for up to three years following permit issuance. However, ifthe data generated from the studies suggest that additional data gathering will not materially aid the permittee and the Department in understanding the impact of freshwater discharge into the Clam Bay ecosystem, the permittee may request the Department for authorization to terminate one or more ofthe studies and proceed to the analysis and recommendation phase as described in the CBI~MP and this condition. Following this study period, the permittee shall analyze the data gathered, formulate recommendations based on the data, and to the ex'tent suggested by the data, design a plan to reduce water discharges into the Clam Bay ecosystem from the developed uplands ("Upland Water Discharge Reduction Plan" or UWDRP). Ifa UWDRP is required as a result oran analysis ofthe data by the permittee and the Department, then the permittee will submit to the Department's Bureau of Beaches and Coastal Systems in Tallahassee and the Department's South District Office in Ft. Myers the UWDRP for approval. Once the UWDRP is approved by the Department, the permittee shall implement the UWDRP as provided for therein, but in no event later than five years following permit issuance unless a modification or waiver ofthat time frame is agreed to by the permittee and the Department. The implemented activities to reduce upland discharge of water shall be monitored in accordance with the terms of the UWDRP following completion oftheir implementation. It is anticipated that all activities described here and in Section 4.5.4 of the CBRMP will be completed within the ten (10) year permit term, but nothing will preclude the Department with the consent of the permittee, from extending the time for implementation ofanv portion of the LRVDRP if the interest ofthe ecology of the system would be improved by doing so. The permittee will, as suggested in the CBRMP, implement in connection with this permit a program ofcommunity involvement to help ensure the maximum amount of community participation possible should the studies described in the CBRMP, and required here, suggest the need for one or more UWDRPs. In this context, the Department recognizes that the decision to require one or more UWDRPs will be dependent on the outcome of the studies described in the CBRMP and required here. The following time-table summarizes the anticipated schedule for the activities associated with the studies required above: ACTIVITY Submit detailed plans of each primary stud.,,, SCHEDULE Within 120 days from permit issuance to the Department for approval. Begin implementation of the approved primary studies. (anticipated to be October 22, 1998). Within 180 days from permit issuance (anticipated to be December 22, 1998). Page 14 · Conduct the primary studies and gather data. Develop as required by the data one or more "Upland Water Discharge Reduction Plan" based upon results/ recommendations of primary studies and submit to Department for approval. Implementation and monitoring of the "Upland Water Discharge Reduction Plan". 6. Submission of monitoring report for the "Upland Water Discharge Reduction Plan" that includes any noted modifications or corrective actions needed. 7 For up to 3 years following permit issuance (anticipated to be July 22, 2001). 'UWDRPs shall be submitted by April 22, 2003, to the FDEP and will be implemented in accordance with their terms. To be completed within the permit term. To be submitted in accordance with the term of the LFWDRPs. 13. The perm/tree shall conduct the studies, gather the information, and submit the reports stipulated in the "Monitoring Required" section of this permit. If the monitoring reveals adverse impacts have occurred as a result of conducting the authorized activities, the permittee shall cooperate with the Department to develop and implement such remediagconfigency plans as may be desirable to effectuate the purposes oftNs permit. The Permittee shall not be liable for damages or costs resulting from adverse impacts to the ecosystem unless those adverse impacts are a direct and prox/mate result of the intentional or negligent act(s) of the Permittee in the implementation of the activities authorized by the permit. MONITORING REQUIRED: I. Water Quality Monitoring Turbidity monitoring during dredging and discharge, and as necessary prior to the removal of turbidity control devices. A. Dredge Site Frequency: Location: Twice daily, at least four hours apart, beginning at least two hours after dredging begins and continuing during the dredging activities. ~: At least 200 meters upstream of the project site outside of any visible turbidity plume, at mid-depth. Compliance: Downstream of the turbidity curtains which separate the dredge from the natural resources on the resource side of the curtains. When the natural resources are more than 150 meters downcurrent ofthe dredge, the compliance zone shall be no more than 150 meters downcurrent of the dredge within the densest portion of any visible turbidity plume, at mid-depth. B. Disposal Sites Frequency: Twice daily, at least four hours apart, beginning at least two hours after dredging begins and continuing during the dredging activities. Location: Background: At least 200 meters upstream of the project site (in the nearshore zone of the Gulf of Mexico) outside of any visible turbidity plume, at mid-depth. (~ompliance: At no more than 1,000 meters downstream of the discharge point in the intertidal zone (between the mean high and mean Iow water lines) and 61 meters (200 feet) offshore (from the mean low water line), within the densest portion of any v/sible turbidity plume, at mid-depth. All monitoring data shall be submitted w/thin one week ofanalysis with documents containing the following information: (I) permit number; (2) dates ofsampling and analysis; (3) a statement describing the methods used in collection, handling, storage and analysis of the samples; (4) a map indicating the sampling locations; and (5) a statement by the individual responsible for implementation of the sampling program concerning the authenticity, precision, limits of detection and accuracy ofthe data. Monitoring reports shall also include the follow/ng information for each sample that is taken: (a) (b) (c) (d) (e) time of day samples taken; tidal stage and direction of flow depth of water body; depth of sample; and antecedent weather conditions. The compliance locations given above shall be considered the limits of the temporary mixing zone for turbidity allowed during construction. If monitoring reveals turbidity levels at the compliance sites greater than 29 NTUs above background turbidity levels at the corresponding background sites, construction activities shall cease immediately and not resume until corrective measures have been taken and turbidity has returned to acceptable levels. Any such occurrence shall also be immediately reported to the Department's office in Ft. Myers. Monitoring reports shall be submitted to the Department's office in Tallahassee and to the South District Office in Ft. Myers. Failure to submit reports in a timely manner constitutes grounds for Page 161 Page 17 revocation of the permit. When submitting this information to the Department, please clearly include, at the top of each page or as a cover page to the submittal: "This information being provided in partial fulfillment of the monitoring requirements in Permit No. 0128463-001-JC (Previously 113049919)." ::., Hydrographic Monitoring To generate the data needed to adequately assess the potential impacts of opening up the restricted channels of the interconnected waterways as authorized by this permit, the hydrographic monitoring program shall include the following: Topographic surveys of Clam Pass and surrounding 500 feet zone. The surveys shall be conducted immediately prior to and following completion of the authorized excavation. Additional surveys of Clam Pass shall be required as often as the permittee seeks to conduct maintenance excavation within Clam Pass or the main channel excavated pursuant to this permit and identified in the CBRMP as Cuts 4A, 4B, 4C, and 4D. In such circumstances, the survey produced shall meet the standards set forth in paragraph "B" below. 18 Within seven (7) days of completion of the authorized excavation of the interior channels, and thereafter as frequently as may be required for the duration of the permit, the enhanced interior channels shall be surveyed at a minimum of I00 feet cross-sections to ensure that the desired elevations have been attained. It is anticipated that these surveys will be initiated as and when it appears to the Perrnittee and its wetland scientist(s) that maintenance excavation of these channels may be required to maintain the integrity of the system. A copy of the survey, certified by a registered land surveyor, shall be submitted to the Department as a part ora request for authority to conduct maintenance excavation pursuant to Specific Condition l.(g) above, or ifthe survey reveals no present need for additional excavation, it will nonetheless be submitted to the Department as additional data_ within thirty (30) days of completion of the excavation. Any survey submitted pursuant to this section shall contain a note, based upon the surveyor's examination of the excavated area which indicates whether the surveyed cross-sections reasonably reflect the site conditions for the entire area excavated. The permittee shall submit an engineering report and survey maps summarizing the monitoring data and project performance to the Bureau within 90 days ofcompletion of each survey The report shall include an analysis of the sediment characteristics of Clam Pass and an~ changes observed in the pass, identify erosion and accretion patterns along the pass and adjacent beaches, and identify any adverse impacts which would be attributable to the activities authorized by this permit. If survey data of the pass is submitted it should be submitted on 3.5-inch high density floppy disk in an ASCII format and the data shall be arranged according to the FDEP/DBS specifications so as to include all ofthe information required by the FDEP/DBS specifications. Monitoring stations shall be established at representative sites (as shown on the permit I I drawings as reflected in the CBRMP) throughout Upper, Inner, and Outer Clam Bay to record the following hydrological parameters: time of day samples taken; water temperature (0C and OF); depth of water body; depth of sample; antecedent weather conditions; water quality, including salinity., silicates, nitrites, total organic carbon, chlorophyll, phaeophytin, pH, conductivity, dissolved oxygen, total phosphorus, nitrate, nitrate ammonia, total kjeldahl nitrogen, and total dissolved solids; sedimentation levels; rainfall; tidal stage and direction of flow; other influential flows, such as groundwater and stormwater flows; wind direction and velocity; and, identification of the sample location which corresponds to the number shown on sampling location maps. These analyses shall be made immediately prior to and following construction, and monthly thereafter, with the exception of the water quality analysis (number 6 above), which may be conducted on a quarterly basis. Staffgages shall be installed at these stations in order to measure the relative tide range at each nation. In order to measure the effect of the dredging on the tidal range, one station should be located adjacent to or within the degraded mangrove area. This station should be equipped with a tide gage capable of continuous readings of tide stage. The monitoring required by this section (e.) will provide valuable data concerning the effects the restoration project is expected to have on the hydrology of the Clam Bay ecosystem. This information is crucial for future management decisions for this important natural resource, theref6re, this monitoring shall continue for the life of the permit. The data collected from this monitoring shall be listed, analyzed, and submitted to the Department in annual Hydrographic Monitoring Reports. 3. Biological Monitoring As required in Specific Condition l.b), at least 30 days prior to commencement of construction, the permittee shall provide a "Proposed Scope of Work (PSOVO" from the Department approved wetland scientist(s), or from another qualified environmental organb'~tion with experience conducting research on Florida's ecosystems. The PSOW will include a list of scientifically accepted methods that will be conducted, and when, and by whom, to adequately assess the Clam Bay ecosystem (with a primary focus on the mangrove and seagrass communities) before and ~er the activities authorized by this permit are conducted. The PSOW shall include the following information plus any additional information or scientific methods deemed appropriate by the contracted scientists: Flight-dated aerial photography of the Clam Bay ecosystem before and ader the activities 8 '' :~ : Page 8 year and sub~tted to the Department annu~y £or the duration o£the pe~:. ~e aeMals must be color, venk~ aeM~ photo~aphs, ~nt~ollcd ~d r~cd at a sclc app~opMatc for post-production distillation ~d a sc~e ~cient to delineam d~eMng habitat zones and dominant species ~thin ~ch zone. ~e fli~t line Sh~l include ~1 of the Clm Bay Natur~ Resource Protection Mea ~d the ne~shore zone to at least 400 feet offshore (from the me~ N~ water line). As concu~ently as possible ~th t~ng the ae~ Ph°;;gra~'hs, ~ound-tmthing a~ivities shall be conducted in ~e~ ofspeci~ ~ncern ~tNn the Clam Bay ecosystem, including ~eas of~despread dead ~d d~ng m~oves, I~er, Upper, ~d Outer CI~ Bays, the ~eas receMng water disch~ges ~om the upl~ds, ~d ~e~ conti~ous Mth the main pass. The ~ound-tmtNng actMties sh~l include the use of the latest accepted scientific methods to sumey the types of habitats of concern x~tNn the Clm Bay ecosystem, including m~grove ~d seagrass dominated habitats. ~ese sumeys sh~l include a listing of species present, percent coverages by species, size r~ges ~d averages, ~d overall he, tN biolo~c~ trends for each fixed quadrat, trisect, or plot studied.. These su~eys and ~y ~sociated draMngW mapping sh~l be conducted prior to conducting the dredging activities ~d once ~ch y~ (in July) ther~er for the life ofthe pe~t. ,~nual biolo~c~ moNtofing reports (B~) sh~l be sub~tted begi~ing one year following pemit ism~ce. The first ~u~ B~ sh~l contort the time-zero conditions of the Cfm Bay ecosystem e~sting prior to co~encement ofthe pe~tted actMties ad a progress repoa of the actMties conducted since pe~t issu~ce. ~ere~er, tach BN~ sh~l contort a pro~ess repoa of the amMties completed since the pr~ous BMR ~d ~1 the data collected pursuit to a. ~d b. above. Each B~ sh~I include ~aphic~ representation ~d overlays of the collected data on computer gen~at~ drax~Sngs of the aerials, and ~ound-level color p~oramic photos ofmch study ~ea at f~ed stations. The ~nu~ BN~ sh~l ~so cont~n ~ ~ysis of the collected ~ta ~d m~e conclusions and recommendations concerning the impacts the pe~tt~ actMties have had on the Clam Bay ecosystem based on the ~alysis of the data coII~ted, including the biological monitoring data, the hydrograpNc moNtofing data, ~d the water quality monitoring data. MONITORING SUMMARY: Turbidity monitoring during construction; hydrographic/water quality monitoring of Clam Pass, the interior waterbodies, the adjacent beaches, and the Seagate culverts; biological monitoring associated with marine turtle and manatee protection; and, long-term biological monitoring of the Clam Bay ecosystem via fixed vegetative and benthic surveys. COMPLIANCE TRACKING SUMMARY: .. - Commencement of Activity Notice- Due at least 48 hours prior to commencement of activity, per General Condition 9. - Project Completion and Certification - Due within 30 days following subsequent dredging events from a Florida registered engineer, per General Condition 11. - Preconstruction Conference- At least 10 days prior to commencement ofactivity, per Specific Condition l.d). - Marine Turtle Monitoring ,Reports- Reports due annually that include compaction measurements, escarpment survey results, and daily survey results, per Specific Condition - Written Dredging Requests- At least 45 days prior to each event per Specific Condition l.g). - Mangrove Tagging Verification by Departmenl Stag- Must be done prior to trimming or removing any mangroves, per Specific Condition 7.:i . - Study Plans- Due within 120 days follOwing perrnit issU~ce, per Specific Condition 11. - Upland Water Discharge Reduction Plan- Due within 3 years following permit issuance, per Specific Condition 12. ::: - Turbidity Monitoring Reports- To be conducted twice daily during construction and submitted weekly, per Monitoring Required sectionJl ' 'i - Water Quality Monitoring Reports- Due annually, perMonitofing Required section. - Hydrographic Monitoring Reports- Due annually, per Monitoring Required section. - Biological Monitoring Reports- Due annually, per Monitoring Required section. AGENCY COMMENTS: Florida Department 0f¢ommuni.tY Affair,,;- May 23, 1997- No objections. Florida Department of State- Division 0fHistorical Rescurceg. June 23, 1997- Provided specific conditions to protect potentially historic sites 8CR476, 8CR$47, and 8CR576. .City of'Naples- July 8, 1997- Supports the project. PARTIES REQUESTING NOTICE: Mangrove Action Group, Inc. Save the Bays Association, Inc, The Conservanc?,_, of S0uthwel;t Flgrida Executed in Tallahassee, Florida. STATE OF FLORiDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Kirby B. Green Deputy Secretary,. ATTACHMENT, MANATEE D~ CONDITIONS 8 STANDARD MANATEE PROTECTION CONSTRUCTION CONDITIONS FOR AQUATIC-RELATED ACTIVITIES Thc pcrmittee/grantee/lessee shall ensure that: The contractor instructs all personnel associated with the project of the potential presence of manatees and the need to avoid collisions with manatees. All construction personnel are responsible for observing water-related activities for the presence of manatee(s), and shall implement appropriate precautions to ensure protection of the manatee(s). ' All construction personnel are advised that there are civil and criminal penalties for harming, harassing, or killing manatees which are protected under the Marine Mammal Protection Act of 1972, the Endangered Species Act of 1973, and the Florida Manatee Sanctuary Act. The permittee and/or contractor may be held responsible for any manatee harmed, harassed, or killed as a result of construction activities. .Prior_ to commencement of construction, the prime contractor involved in the construction activities shall construct and display at least two temporary signs (placard) concerning manalees. For all vessels, a temporary sign (at least 8 1/2' x 1 i") reading 'Manatee Itabimt/Idle Speed In Construction Area' will be placed in a prominent location visible to employees operating the vessels. In the absence of a vessel, a temporary sign (at least 2' x 2') reading 'Warning: Manatee Habitat' will be posted in a Iocation prominently visible to land based, water-related construction crews. 2.. A second temporary sign (at least 8 1/2' x 11") reading 'Warning, Manatee llabitat: Operation of any equipment closer than 50 feet to a manatee shall necessitate immediate shutdown of that equipment. Any collision with and/or injury to a manatee shall be reported immediately to the Florida Marine Patrol at 1-800-DIAL-FMP' will be located prominently adjacent to the displayed issued construction permit. Temporary notices are to be removed by the permittee upon completion of construction. Siltation barriers are properly secured so that ~nanatees cannot become entangled, and are monitored at least daily to avoid manatee entrapment. Barriers must not block manatee entry to or exit from essential habitat. o All vessels associated with the project operate at 'idle speed/no wake' at all times while in the construction area and while in waters ,,,,'here the draft of the vessel provides less than a four foot clearance from the bottom. All vessels will follow routes of deep water whenever possible. STANDARD MANATEE PROTECTION CONSTRUCTION CONDITIONS (continued) If manatees are seen within 100 yards of the active daily construction/dredging operation, all appropriate precautions shall be implemented to ensure protection of the manatee. These precautions shall include the operation of all moving equipment no closer than 50 feet of a manatee. Operation of any equipment closer than 50 feet to a manatee shall necessitate immediate shutdown of that equipment. o Any collision with and/or injury to a manatee shall be reported immediately to thi: Florida Marine Patrol (IoS00-DIALFMP) and to the Florida Department of Protection. Office of Protected Species Management at (904)922-4330. The contractor maintains a log detailing sightings,: collisions, or injuries to manatees should they occur during the contract period. A report summarizing incidents and sightings shall be submitted to the Florida DepartmentO£ Protection, Office of Protected Species Management, Mail Station 245, 3900 Commonwealth Boulevard, Tallahassee, Florida 32399 and to the U.S. Fish and Wildlife Service, 3100 University Boulevard, Jac'k.sonville, FL 32216. This report must be submitted annually or following the completion of the project if the contract period is less than a year. FIRST AMENDMENT TO LAND LEASE AGREEMENT TH,IS FIRST AMENDMENT TO LAND LEASE AGREEMENT entered inlo this /r ": r day of ,.'?~_/~_~.- ,~, 1998 at Naples, Collier County, Florida by and between GTE MOBILNE'r: ~DF TAMPA INCORPORATED, whose successor in interest by merger is GTE WIRELESS OF THE SOUTH INCORPORATED, with off, t. es at 600 North Westshore Boulevard, Tampa, Florida 33609, hereinafter referred Io as 'TENANT', and COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, whose mailing address is 3301 Easl Tam[ami Trail, Naples, Florida 34112, hereinal~er referred to as 'LANDLORD'. WITNESSETH WHEREAS, the TENANT and LANDLORD have previously entered into a Land Lease Agreement dated October 24.1995; WHEREAS, the appropriale E)~hibits Io the Land Lease Agreement were nol attached; WHEREAS, lhe TENANT and LANDLORD are desirous of amending Ihe Land Lease Agreement; and NOW THEREFORE, in consideration of the covenanls and agreements provided within the said Land Lease Agreemenl dated Oclober 24, 1995 and Ten Dollars ($10.00) and other valuable consideration, Ihe said Land Lease Agreement is hereby amended as follows: 1. Exhibit 'A', F_xhibit 'B', Exhibit 'C" and Memorandum of Lease previously attached lo the Land Lease Agreemenl are hereby deleled in lheir enlirely and the attached Exhibit 'A', Exhibit 'B', Exhibit 'C" and Memorandum o1' Lease are substituted in their place. 2. Except as expressly provided herein, Ihe Land Lease Agreement between GTE Mobitnel of Tampa Incorporaled and Collier County Board el' County Commissioners for lhe utilization of the Premises described in said Land Lease Agreement daled October 24, 1995 remains in full force and effect according to the terms and conditions conlained therein, and said terms and conditions are applicable hereto e~ept as expressly provided otherwise herein. IN WITNESS WHEREOF, lhe TENANT and LANDLORD have hereto e~cuted this First Amendmenl to Land Lease Agreement the day and year first above written AS TO THE LANDLORD DATED .... '~'" ~." ,t ,~Z ,' ~' ATTEST: DWIGHT E. BROCK, Clerk , .,CK,? ;- Appro~d legal~ur6cienc~ He~i F. ~hton ~s~tan~ County Atlorney BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA ASTO THETENANT_ ~ DATED '~,o Z.Z_.' z:~ GTE ~S W1TNESSES:~,~.~ OT///~y~~TED . · Presider~ - Florida & Gulf Coast Region Print Name Signature Print Name State County of The foregoing First Amendmenl to Land Lease Agreement was acknowledged before me this day of - .J'-~. ~ ,1998, by Michael G. Hadman as President - Flora & Gulf Coast Region, who is~-P-~°nally..._ , .... I~oW~_____.to "me or who produced -- [type of ident~3tion] as identification. (affix notarial seal) n_a.tpr.e of Notary Eu,blic Print Name of Notary Public Sedal/Commission #: ,,(' P-. My Commission Expires: EXItlBIT A - IMMOKALEE TOWER SITE PLAN STOCKADE ROAD DEMISED PREMISES BOOT CAMP OBSTACLE COURSE ACCESS ROAD 100 FEET 2 4 I - 274 FOOT TOWER 2 - COLLIER COUNTY EQUIPMENT SIIELTER (HOUSE) 3 - LEE CO-OP EQUIPMENT SHELTER (HOUSE) 4 - GTE MOBILNET SHELTER (HOUSE) $ - 250 GALLON PROPANE TANK (Pauo 1 o£ 2) SS01 OFFIC£ CAPITAL PROJECTS EAST TAMIAMI TRAIL NAPLES, FLORIDA .34112 (941) 774-8192 PROJECT PROJECt PARCEL riO. TAX PARCEL LEGAl. DESCRIPTIOH (HOT A SURV.EY) COMMENCING A'F 1'11E NOR'II IWEST COlt NF.'R OF SECTION I.~. TOWNSI II P 47 S(}l.rl'l 1, R ANGI'.' 29 i'!AST, COI,I,IF.R COUNTY, FI.ORIDA; TIIENCE NORTII ~4 I)E(;ItI..'F.S 58 MI,';U'I'E$ 46 SI'.'CONI)S I!^ST Al.CNG TIlE NOR'FII LINE O[: SF.C. YI'ION 15, A DISTA N('i'.' ()F 1151 69 FF. ET; 'l-I IF. NeE SOI]'I'II .I DL:GREES I I MINIJ'/F.S 18 SECO,',`'I)S EAST, A DISTANCE Of: 8u.71 FEI£T; 'l III:.r.`'CE NOICI'II 85 DF. GRI,:ES 23 MINUTES 27 SF. CONDS I'.'AS'[',/,. DISTANCE OF 19 65 Fl.:ESr 'FO TI [E POINT O[;' BEGINNIN('; OF TI Il! CENTI{RI.INF. OF A FIF'TI.'.I..'N (15') FOOT WIDE ACCESS EASEML:I'CF; TI IF. NCF. AI.O,",'G TIlE CI£N'I l'-.'Rl.ll'/f:. OF SAID F{[:'I'E.I:'N (15') FOOT WIDE EASF. MENT TI Il'.' FOI.I.OWING I'.'IGI IT (8) COIJRSI'.'S Sou'ri[ IO DEGREES 40 MINU'II~S 08 SF. CONDS EAST, A I)ISTANCI:' OF 27 69 FEET; TIIENCE SOUI'II 6 I)EGREES 4O MINIJTES 20 SECO,%I)S EAST, A DISTAl'ICE OF 58.49 FEET; TIIENCF~ SOUTH 2 DEGREE'S ] I MINUTF. S 37 SF. CONDS EAST, A I)ISTANCE OF 98.84 FEE. T; TIIENCE SOUTII 3 IH'X;RF. ES 21 MINU'I ES -15 SECONDS EAST, A DISTANCE OF 1111.18 FEET; TI IENCI! SO[fi'Il 6 DF. GREF. S 20 MINUTF. S I1 SECONDS EAST, A DISTANCE OF 76.19 FF. PTr; 'I'l IENCE SOUTII o I.H:.GII F.I,~S 59 MINUTES 24 SECONDS EAST, A I)ISI'ANCF. OF 46.7.1 FEET, TI IF. NCE SOIJTII 9 I)I:'GRI~F.S 05 MINUTES -10 SECONDS WEST, A DISTANCE OF 59 71 FEET; 'FI IF. NCE SOUTIt 4 DEGREES i I MINUTES 18 SECONDS EAST, A DISTA,~:CE OF 89 67 FEET TO '[lie I'OINT OF TERMINATION. IlASI.q OF III:'^RINGS IS TIIF. NORTII LINE OF SECTION 15 BEING NClRTII 81 DI';GRFJ:.S 58 MINIJTF. S -16 SECONDS E'AST. PARCEi, IM'r[¥R ' '~ ~EUIT~F.-R. lqCllQ~Sl'16 PROFESSIONAL L/~lO SURVEYOR #2406 OFFICE OF CAPITAl. PROJECTS COLl.lEll 6OUNIY 60VERNblEHI' COMPLEX 3301 E TAM1AMI TRAIL NAPLES, FLORIDA 34112 HXIIIBIT "13" (Pngo 2 of 2) OFFICE OF CAPITAL PROJECTS 5501 EAST TAMIAMI TRAIL NAPLES, FLORIDA ,34112 (941) 774-8192 P.F1,C. fI.W. C ['IRfIER SEC, 15, TWP, 47 S., REG. 2_9 E. 1353.69' SKETCH OF DESCRIPTION S.04'II'IO'I e0,73' -15' 27,69' ST[ICKADE RgAD 274,95' 2.06',10'20'E. 58.49' 15' EASEMEtlr 2.02'31'37'E. 90,04' ~/S,O3'B.I'45'E. 102.20' 76,19' ~.o9'a~'4o,,~. 59,71' '. I /- s,o4u~,m,E, I../ 8<)67, o , , 7.50' ~/ , ' /-u.o4 n :0 w. ',[ ~%a~,./ 3o,~5' ~t:; .... S,86'13'01'W. WEST LI[IE BF THE-% tLE. 1/4 BF THE tl.W. ~ ,,,,% ¢ I/4 DF SEC. 15, TWP. % ,X~.O4'II'Ig'E, 47 S., RGE. ~9 E. ',~ k 30.15' "k, ~3.86'13'01'~, ~ ~5.00' GEHERAL NDIES '-P.B,T. 1) P.B.C. Indicates Point o¢ Co~nence~ent ~) P.B,B. Indicates Poln~ o¢ Beglnnln9 3) Sec. indicates Section 4) Twp. Indicates Township 5) Rge. Indicates Range 6) R/W Indicates Right-of-way 7) All distances ope In ¢ee~ and declnats ~he~eo¢ ~ecUon 15 beln9 N.85'SO'46'E, 415'~ 9) Hot '/cUd unless signed and seated wl~h ~he enbossed seat oF the p¢oFessionat tond su¢veyop THIS IS ONLY A SKETCH L.M.R. NOT TI] [ 03-16-90 SCALE ~~~f~t'l,85'49'I I'E, 9,50' S.03'46'59'E, .28.00' PR-IMT¥/R SHEET 2 OF 2 16Dl~ · Site: ImmokaI¢¢ EXHIBIT. "C" (utility easement) DEEMED NOT NECESSARY Site: [mmokalee STATE OF FLORDA i",IE?,IORANDUM OF LEASE COUNTY OF COLLIER IGNOW ALL MEN BY THESE PRESENTS, TFL&T: THIS MEMORANDUM OF LEASE is made and entered into th. is day of . 1995, by and between Collier County Board of County Commissioners, ("Landlord") whose address is 3301 East Tamiami Trail, Administration Building, Naples, FL 33962 and GTE Mobilnet of Tampa Incorporated ("Tenant") whose address is 600 N. Westshore Bouleva. rd, Tampa, Florida 33609. ~7 WITNESSETH WHEREAS, Landlord has leased to Tenant, and Tenant has leased fi.om Landlord, upon and subject to the terms, covenants, conditions, limitations and restrictions contained in that c.w,,ain lease dated 7o...--'/- /~ ~'J'~...("Lease") between the parties hereto, that certain real property situated in the County of Collier, State of Florida, more particularly described on "EXH~IT A" attached hereto and made a part hereof(Leased Premises"). The term of the Lease is for five (5) years, commencing on /o-~,/-~'..r' and ending on /o --~ - ,~ o u v , subject to Tenant's option to extend the term for six (6) additional periods of five (5) years each upon the terms and conditions set forth in the above referenced Lease. The consideration and other obligations of Landlord and Tenant are set forth in the Lease, to wNch reference is made for further particulars. In the event of any conflict between the terms and provisions of the Lease and those contained in this Memorandum, those contained in the Lease shall govern and be controlling. BH 1 A:klmmokals.doc 14 8/22/95 IN' WITNESS WHEKEOF, Landlord and Memorandum as of the date first above written. Tenant have executed Site: lmmokalee and acknowledged this WITN'ES S: LANDLORD:Collier Cour~ty Bo~d of ~unty Co~rmbtioners BY'Be. 'J Matthews/~/~ . 5~/~ Y-- /BC hY~i'Br ~t'~,eJC:J o ,, i e r County Board of County Commissioners "ATTEST: Dv. Sght E. Brock. Clerk Print ~mes's N~e TAX I.D 001-0208400 TENANT: GTE Mobilnet of Tampa I~.of....ated BY: Area President-Florida BH1 A:klmmokals.doc 15 8122/95 lff, mokalee STATE OF FLOILIDA COUNTY OF H~LSBOROUGH SS ACI'G\'OWLEDGEMENT andum of Lease was acknowledged before me this cY_~'-~bw,, of , 1995, by Byron W. Smith, Area President-Florida of' GT~-'~obiln'et of a Incorporated, a Delaware corporation, on behflf of the corporation. He is personally known to me. My CommiSsion Expires:- My Commission Number: BH1 A:klmmokals.doc 16 8/22/95 AGREE.M ENT Tills A(;RI'~E?,II-~NT. made. and cme.rcd inlo on IbisLI~ ay of Oetotyef , bv and betv,'een .'qourcc Computing. Inc. hereinafter called the "Contractor" and Collier County. a political subdi,;iskm of th'..' Stale of Florida. Collier County. Nal'fle~. hereinat'ter called the "Countv" WITNESSETIi: CO.M.~II-;N(:E.Xli-~NT The ('ontractor shall commerice the v,,ork Ul)On a~.,.ard by thc I~oard ~I' ('ountv ('omnlissioncrs. a fully cxccuted A~rccmcnt and upon issuance of a purchase order Thc term of this a~rcement will he It~r a period commencing upon issuance ora purchase order and terminating (m Februa~' 1. 2000 The County may. at its discretion and xx'ith the consent oF thc Contractor. extend the Agreement under all of the terms and conditions contained in thi~ Agreement up to tx~o t2) additional one (1) year periods The County shall give the ('ontraclor written notice .f ~he Cotmlv's }nlcnlion to extend the Agreemeni term not less lhan ten (I ~} daw prior to ~he end ot'lhe Agrecmem term then in efi~cL STATE31I-;NT OF %%'ORK l'he Contractor shall provide conversion of the Cotmlv t.'tililv Billing and supporting svstem source code only to support 4-digit .,,'car calculations as set' forth ii~ thc Contractor's proposal, attached hereto as Exhibit "A" Schedule 1. and incorporated hcr'ein by reference..,\ddilional se~'iccs as required shall be mutually agreed upon by (?ountv and The ('ountv shall provide the test anti production environment fi)r tile contractor to coral)Icrc thc contracted services. Thc Contractor shall not be responsible for delays caused bv tile ('ountv in meeting tile scheduled deliverables as per Exhibit "tX' TIlE C()N'I'IL.XCT SI'.~I The County shall pay the Contractor tbr tile performance of' this Agreement an estimated maximum amount of seventy seven thousand tx~'cntv seven dollars (S77.027) ('(retract sum is t~ascd (m the written proposal provided hv the ('ontractor. a~tachcd hereto as f!xhihit "A" Schedule I and incorporated herein by relk'rence CO.~it'EN.%S, TIO.\' The ('ountv shall pay the ('ontractor for thc pc)ft)rmancc ()1' this Agreement upon completion of lhe work as accepted and approved by the Revenue Scrxiccs Director or their designee and upon receipt ora proper invoice Payments shall be made to the ('(mtraclor when requested as work progresses, but not more tFequenlly than once per month. the actual hour~ worked in the preceding momh. less 10qa retainage for each deliverable, t/pon final acceptance of Iht contracted se~'iccs b~, thc ('ounty. thc ('ountv will pay the contractor thc total amount withheld Payment will be made upon receipt ora proper invoice and in compliance with Section 21870. Fla Stats. othcrx~ise knox~n as the "Florida Prompt l'avment Act" NOTICES. All notices from the County to the Contractor shall be deemed dui,,' served it' mailed bv registered or certified mail to the Contractor at the £ollowing Address: t';Icnn Itt,Idem President Source Computing. Inc. I04 Rib, er \Vood Drive Fort Mill. SC 29715 :\11 Notices from the Contractor to the County shall be deemed duly se;x-ed il' mailed by reuistcred or cenitied mail to the ('ountv to 'oilier ('ountv Gox'crnment Center l'urcha4ng l)epanment - General Services Building 3301 l'amiami Trail. East Naples. Florida 34 ! ! 2 Tire ('ontraclor and tire ('ountv may change the above mailing address at any time upon ,_,ix inu thc other part5' x~. ritten notitication All notices under this Sen'ice Agreement must be in u. riting. NO I'ARTNI-~IL',;IlIP Nothing herein contained shall create or be construed as crcatin,~ a pannership bet\,, cch thc N() 15I PROi'ER I'SE. Thc Contractor ,.viii not use. nor suttk:r or permit any person use in any manner '~.hatsoever. county facilities for an,,' improper, immoral or offcnsix'e purpose, or for any purpose in '~ iolation of any federal, state, county or municipal ordinance, rule. order or regulation, or of any governmental rule or regulation in cltk~ct or hereafter enacted or adopted In tire event ofsuch violation by tile ('ontractor or if the County or its authorized representative shall deem any conduct thc part of the ('nntractor to be objectionable or improper, the ('ountv shall have the riehl lo mspend lhe contract of the Conlractor. Should the Contractor fail m correcl an\ ~uch '~ ioiation, conduct, or practice to thc satisfaction of the County u. ithin tv, cntv-four (24) hours after rcceMng notice of such violation, conduct, or practice. such suspension to continue until the violation is cured. The ('ontractor fi~rther aurees not to commence operation during the suspension period until the violation has been corrected It) the satisfaction of the ('ountv 'I'ER,MINATION. Should the contractor be found to have failed to perform his services in a manner satisfacto~' to tile ('ountv as per the specifications and requirements of this Agrecmern. tile County may terminate said agreement immediately for cause: further tile ('ounlv mav terminate this ..\?cement for convenience u. ith a seven (7) day written notice The ('ountv shall be sole judge of non-perlk~rmance NO DI.C,(;RISIINAI'ION. l'he ('ontractor agrees that there shall be no discrimination a,, to ;acc. sex. color, creed or national orMn lO INSt'RAN('TE. 'l'he Contractor shall provide insurance as foltov, s Insurance in the amc~unts specilied in Exhibit "P," attached hereto and incorp~raicd herein by ret'ctcnce 12 t4 INI)E.XlNIFIC'ATION. The Contractor/Vendor, in consideralion of ()ne ltundred Dollars ($100 00). the receipt and sufiiciencv ofv, hich is accepted through the signing of this documenl. shall hold harmless and defend (-'oilier County and its agents and employees from all .stilts and actions, including attorneys' fees and ali costs of litigation and judgments of any name and description arisin~ out of or incidental to Ihe peri~rmance of this contract or xvork performed thereunder. This provision shall also pertain Io an.',,' claims brought against tl~e County by anv employee or' tire named ('ontractor/Vendor. an,,' Subcontractor. or anyone direcllv .r i~direcllv employed by ara,,' of them The Cor~tractor,~\'endor's obligation under this provision shall m~t bc limited in any x,.av by the agreed upon contract price as sho~vn in this Contract or tire Contractor/Vendor's limit of. or lack of. sufficient insurance pro~ection Thc first (,~nc I lundred dollars I$1~)t)t)()) of money received on the conlract price is considered as payment of this obligation by the ('ountv. CONTRACT A I).~ I IN I STRATION. This Agreement shall be administered .n behalf ~)flhe ('ounlv b~, the Inlbrmation Technology Department CO.M PON ENT I'A I,FI'S ()F Tills C(')N'I'R,~.CT. This Contract consists of the at~achecl component parts, all of which are as full.,,' a pan of the contract as herein .set out' ('ontractor's l'roposal Exhibit "A" Schedule I. and Insurance Certificate Exhibil "B". St;B.IECT TO AI'PROI'RIATION. It is further understood and agreed by and bctx~,ecn the parties herein that this agreement is subject to appropriation by lhe Board of ('oun~v ('omrnissic, ners IN %VI'I'NESS XVitEREOF. thc Contractor and the Count5,', have each. respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above ,.riuen BOARD OF COUNTY COMMISSIONF~RS COLLIER COUNTY. FI.ORII)A By: B>~,R BARA I1. B~RRY. Source Computing, Inc. Contractor ype, prmt ,.,.itness name ' Second \~mess Type/pri~ wit ness name? (;lenn llolden. President Typed signature and lille ..\pl~roved as to form and Thomas C. Palmer Assistant County Attorney Exhibit "A" Collier County Utility Billing Conversion Work and Payment Plan for Source Computing lnc. Sequence Description Hrs. I I0 & morley Cede -r~CC 2 r~CC S~ur ~/Catabase 3 ID g moddy c~e - SO Tes~ debug retest 40 Sub-total 4 ID g mcdfycode- M~ Tes: Ce~uS. re:est 70 Sua-(ota/ 180 5 ID & modify code - UB 300 Test, debug fetes[ 200 Sub-fetal 5 UB Master Database 178 F~etd Sub-total 176 Total 1096 Modem Expense Estimate Total hours 3!lo,ed I 0c-~5 Begin Complele 10/I,~/98 10131198 I0/31198 1 I18/98 ! ;/8/98 11/~ 7/98 ~ ~5/98 12/~ 5/98 12/15/98 1/16/99 1/1~/99 2/6/99 2/8199 4/24199 4/24~99 6/8/99 ~9 6~99 6/~99 7/1~9 Total Due Less 10% P.ayment 5.50000 :~ 65OO6 $ 5.¢5O6'; 2 6C.,0 90 ~ 25006 i 2340;;q 11,7~ ~ f. 170~ ~ 10.53000 32.~ ~ 3.2~ ~ 29.2~O6 1144000 $ 114400 $ 10.295,;'G 71,240.00 $ 7,124.00 $ 64,116.00 /sbm Modem hours Total Modem ."/mutes M~nutes ' 22/minute 438 4 26304 N/A 1. INSURANCE TYPE Exhibit "B" Collier County Florida Insurance Requirements REQUIRED LIMITS Worker's Compensation Certificate of Exemption from Worker's Compensation Requirements is acceptable. N/A2. .NA 4. N/A 5. Commercial General Liability (Occurrence Form) patterned after the 1985 I.SO form with no limiting endorsements. Bodily Injury & Properly Damage $ 300,000 Single Limit Per Occurrence Indemnification: The ContractorNendor, in consideration of One Hundred Dollars (SlO0.O0), the receipt and sufficiency of which is accepted through the signing of this document, shall hold harmless and defend Collier County and its agents and employees from all suits and actions, including attorneys' fees and all costs of litigation and judgments of any name and descrtplion adsing out of or incidental to the performance of this contract or work performed Ihereunder. This provision shall also pertain to any claims brought against the County by any employee of the named ContractorNendor, any Subcontractor, or anyone directly or indirectly employed by any of them. The ContractorNendor's obligation under this provision shall not be limited in any way by Ihe agreed upon contract pdce as shown in this Contract or the ContractorNendor's limit of, or lack of, sufficient insurance protection. The firsl One Hundred dollars ($100.00) of money received on the contract price is considered as payment of this obligation by Ihe County. This section does not pedain Io any incident adsing from the sole negligence of Aulomobile Liability $ ,., Each Occurrence Own ed/No n-own ed/Hired Automobile Included Collier County. Other Insurance as indicated below: a) Professional Liability b) Builder's Risk COLLIER COUNTY FLORIDA INSURANCE REQUIREMENTS (Continued) Cc/tractor shall insure that all subcontractors comply with the same insurance requirements that he is require( to meet. The same Contractor shall provide County wilh certificates of insurance meeting the required ir~s/rance provisions Colher County musl be named as "ADDITIONAL INSURED' on the Insurance Certificalo for Cor'nmercial General Liability and Automobile Liability Coverage where required. Collier County Board of Courtly Commissioners shall be named as lhe Cedihcale Holder. NOTE--The "Certificate Holder" should read as follows: Collier County Board of County Commissioners Naples, Florida N:., County Dwis~on. Department. or individual name should appear on the Cerhficate. No olher format will be X.~_9. Thirty (30) Days Cancellation Notice required. X..~_10 TI., t;edificale must state the B~d Number and Title. BIDDERS AND INSURANCE AGENT STATEMENT: We undersland the insurance requirements of these specifications and that lhe evidence el insurabdity may be required within five (5) days or lhe award of b~d. Bidder Insurance Agency ~'(]- ature of-Bidder S~gnature of Bidder's Agent IIO,,'t. RD OF COUNTY COMMISSIONEP, S ,XlISCI!LI.ANEOUS CORRESPONDENCIi AUGUST 4. 1998 FOR I?,()A RI) .",C"I'[ON: Certificate of ('orrccfion: Satisfaction of I.ien: Co I). E. I:. Tax Sale Certificate: .XIISCF. I.I.:\NI-.'OUS I'I'E.NIS TO FII.E FOR RECORD \VITII ACTION AS I)IRF. CTI~I): Clerk of Courts: Districts: ('oilier County I lousing Authority - a. Annual Financial Report for RYE 9/30.97 b. At,dit FYE 9/30/97 c. Approved Budget for FY 1998-1999 d. Registered Office and Agent c. Schedule of Regular Meeting £or 1998-1999 t: l)escription of Ot,tstanding Bonds for FYE 9/30/97 g. l'ublic Facilities Report Naples 1 teritage Co~nmunity Development District - a. Xlinutes of Meeting held March 23, 1998 b. .Xlinutes of Meeting held Jul.,,' 28, 1997 North Naples Fire Control and Rescue District - a. District Map b. Schedule of Regular Meetings c. Registered Agent Form Port of the Islands Community Improvement District - a. Minutes of Meeting held May 21, 1998 b. Notice of Public l leafing to be held August 6. 1998 Minutes: lSa.vshore Avalon Beautitlcation Advisor3,, Committee - May 4. 1998 agenda and April 6. 1998 minutes. Pelican Bay MSTBU Advisory Committee -April i, 1998 minutes and Ma',, 6. 1998 agenda. 3. ()'I'1 II':.R.: MEMORANDUM Misc. Correspondence Agenda Date~ Agenda Item J TO: FROM: DATE: RE: Sue Filson, Administrative Assistant Board of County Commissioners Derek Johnssen, General Accounting Manager Clerk of the Circuit Court/Finance Depadment July 22, 1998 Miscellaneous Correspondence - BCC Agenda Please place the following items on the next available BCC agenda and call me at extension 8350 with the date and Miscellaneous Correspondence agenda item number. Collier County Housing Authority Pursuant to Florida Statutes Chapters 189 and 190, the Naples Heritage Community Development District has submitted the following: (a) Annual Financial Report for FYE 9/30/97 (b) Audit FYE 9/30/97 (c) Approved Budget for FY 1998-1999 (d) Registered Office and Agent (e) Schedule of Regular Meeting for 1998-1999 (0 Description of Outstanding Bonds for FYE 9130197 (g) Public Facilities Report Thank You. June 25. 199g Dwight E. l~rock Clerk of thc (.'ircuit Court Finance Depart meat 2671 Airport Road. Court Plaza Ill Naples. Florida 34112 Special Attention: Derek NI. Johns.<n Dear Mr. Johns.<n: Attached pica.< lind all the reports ','.ith thc exception ora district map. As discusscd previously with staff, our district is in the tx)undaries of Collicr Count)'. Specifically cnclo.<d: 1. Annual Financial Reporl for FYE 9/30/97. 2. Audit FYE 9/30/97. 3. Approved lludgct fi~r FY 1998-1999. 4. Registered Office and Agent. 5. Schedule of Regular Meetings for 1998-1999. 6. l)cscriptinn o£Outstanding ltonds fi~r I:YE 9/30/97. 7. l)ublic Facilities P, epon. I hope this brings total satisfaction to our reporting requirements. If you have an,,' questions. please contact mc directly. ' ' Sincerely. Fred N. Thomas. Jr.. P1 Executive l)ircctor FNT/cs i i jL[ O~lh,.'t Counly llou,,Ing · lwt) ~'a,"m \~., .rkt.r · hnmokMtx., Honda 3il42 · ¢9ll}6q'-y,¢) r'n Z -I Z Z 0 FUND GROUP REVENUES AND EXPENDITURES/EXPENSES 1996-97 REPORTING ENTITY:collier Count? nouutu$ AuthoritVlD NUMBER: REPORTING FUND GROUP: Proprfetary Fund 191 REVENUES AND OTItER CREDITS (311.000 TttROUGH 390.000) Whole Dollars Only Account No, Description Amount 362 000 Rents - ttouslng 1,374,761 331. 690 331 500 389 lO0 Federal Grants - Adult Education _ 29.674 Federal Oranta - RD Rental /mststance 291,965 Interest Earnings 58,886 1,755,286 TOTAL REVENUES AND OTItER CREDITS Duplicate this page if additional lines are needed. FORM DBF-AA403 (Rev. 10/09/97) I FUND GROUP REVENUES AND EXPENDITURES/EXPENSES 1996-97 REPORTING ENTITY: Collier C~. [lousing ~uthort~ NUMBER: 191 REPORTING FUND GROUP: Proprietar~ Fund E,¥PENDITURES AND OTttER DEBITS (511 THROUGH 769) Amlmm. L~ ~ Description Whole Dollars Only 554.000 10 ~53 ._ooo 30 554.000 90 25~=000 70 Personnel Services OperatlnE Expenses Depreciation Interest F~pense Amount 745~696 _ 554,578 647,014 26,340 TOTAL EXPENDITURES AND OTHER DEBITS Duplicate this page if additional lines are needed. FOI:~I DBF-AA-403 (Rev. 10/09/97) 2 I~9731628 FUND GROUP REVENUES AND EXPENDITURES/EXPENSES 1996-97 REPORTING ENTITY: cozlier Co. Housing Auth. ID NUMBER: 191 REPORTING FUND GROUP: Covermuental Fund Type EXPE/VDITURES AND OTItER DEBITS ($11 THROUGH 769) DescriptiOn 33_1.500 34_~5_. I O0 HI/D Housing A~sfstanee Contributions Earned Whole Dollars Only 1,380,482 TOTAL EXPENDITURES AND OTTIER DEBITS Duplicate this page if additional lines are needed. FOPS{ DBF-A. A403 (Rev. 10/09/97) 2 1,380,649 FUND GROUP REVENUES AND EXPENDITURES/EXPENSES 1996-97 REPORTING ENTITY:Collier Co. Uous~ng Auth. DNUMBER: 191 REPORTING FUND GROUP: C-overnmenta! Yund Type EXPENDITURES AArD OTItER DEBITS (511 TttROUGH 769) Accot~nt No_, ~ Descriptioo ~_5.3 ._ooo 2 o_ 554. 000 30 ~57; Tooo ~0- ?orgonnel _ Operating Expense~ llous£ng A~ststance Payments Whole Dollars Only Amo~Jn~ 16~.647 45,370 1,213,106 TOTAL EXPENDITURES AND OTHER DEBITS Duplicate this page if additional lines are needed. FORM DBF-AA-403 (Rev. 10/09/97) 2 1.422.122 Collier County Housing Authority Immokalee, Florida FINANCIAL STATEMENTS Together with INDEPENDENT AUDITOR'S REPORT September 30, 1997 McQuay & Co., CPAs, P.A. C~R~iFIED PUBLIC A~'COUNTAN"I~ M~mb~tn: AICPA; FICPA McQuay & Co., CPA. s, P.A. C'I~77F~D PUI~L~C ,~CCOUNTANT~ M,emben: AICPA: F{C~A May 8,1998 To thc Senior Management Collier County Housing Authority: We have audited the financial statements of Collier County Housing Authority. as of and for the year ended September 30. 1997. and have issued our report thereon dated May 8. 1998. In planning and performing our audit of the financial statements of Collier County Housing Authority, we considered the Authority's internal control structure to plan our auditing procedures for the purpose of expressing our opinion on the Authority's financial statements and not to provide assurance on the internal control structure. We have reviewed the status of prior year comments during our current audit engagement. Our comments and recommendations, all of which have been discussed with appropriate members of management. ,"..re intended to improve the internal control structure or result in other operating efficiencies. We noted that management has implemented all prior year recommendations. CURRENT YEAR COMMENTS The following management recommendations for improvement in the Authority's internal control structure were discussed with Mr. Fred Thomas. Executive Director and Mr. Robert Hamlin, Fiscal Coordinator. Ms. B. Jeanice Hightower, Section 8 Manger. and Ms. Leticia V. Skipper, Administrative Manager during the course of our audit at the exit conference. During our current year audit we noted that the Authority did not make provisions for review of the estimated cash needs within ninety days into Ihe new budget year in order to prevent overadvances of funds. As a result, the Housing Assistance Payments (Section 8 Program), received advances in excess of five percent (5%) of the total annual contributions required for the budget year. The Authority is required to immediately subrr,./t a revised requisition if it appears that the Authority will receive advances in excess of five percent (5%) of the total annual contributions required for the budget year. The revised requisition must be received by the Field Office no later than 45 days before the beginning of the third quarter (April 1, 1997) of the Authority's fiscal year. Recommendation We recommend that the Authority make provisions for review of the estimated cash needs within ninety days into the ne,,,,, budget year in order to prevent overadvances of funds ! 10 N. Lincoln Avenue, Tampa, Florida 33609 · (813) 876-2170 '" FAX (813) 872..0196 · Toll Free (800) 852-1049 'Fo the Senior Management Collier County Housing Authority: May 8, i998 Page -2- bIanae~ment'.5 ~ Actio~l ~ In March of 1997 we were notified by HUD as a cost savings measure retroactive back to October 1, 1996 that we had to delay the reissuance of vouchers and certificates 90 days. The resulting savings to HUD was about gl20,000 in saved HAP payments. This savings was further increased by the removal of bedroom size designations two years ago which resulted in us having far more 3 bedroom clients and some formerly non.existent 4 & 5 bedroom clients. Because of the lack of affordable 4 & 5 bedroom units'in our area, this further delayed our ability to put housing assistance payments on the street. The full impact of this was not realized until 'the last quarter of the fiscal year. Our comments are based upon conditions noted during our audit and are not intended to be all- inclusive. They arc submitted as constructive suggestions to assist you in strengthening controls and procedures and are not intended to reflect on the honesty or integrity of any employee. We wish to thank Mr. Robert Hamlin, Fiscal Coordinator, Ms. B. Jeanice Hightower, Section 8 Manger. and ,"vls. Leticia V. Skipper, Administrative Manager and their departments for their support and assistance during our audit. This report is intended solely for the information and use of the Board of Comtnissioners, management, and others withit~ the Authority. Most Sincerely, Tampa, Florida. Collier County H0ii~in~ Authority lmmokalee, Florida FINANCIAL~STATEMENTS Together with INDEPENDENT AUDITOR'S REPORT Segtember 30, 1997 COLLIER COUNTY HOUSING AUTHORITY lmmokalee, Florida September 30, 1997 TABLE OF CONTENTS Independent Auditor's Report on the Financial Statements FINANCIAL STATEMENTS Balance Sheets Statement of Revenues, Expenses, And Changes In Retained Earnings (Deficit) - Rural Economic and Community Development (RECD) Statement of Income and Expenses - U. S. Department of Housing and Urban Development (HUD) Housing Assistance Payments Programs Statement of Analysis of Surplus - U. S. Department of Housing and Urban Development (HUD) Housing Assistance Payments Programs Statement of Cash Flows - Rural Economic and Community Development (RECD) Notes to Financial Statements Independent Auditor's Report on Compliance and on Internal Control Over Financial Reporting Based on an Audit of Financial Statements Performed in Accordance With Government Auditbrg Standards Independent Auditor's Report on Compliance With Requirements Applicable to Each Major Federal Financial Assistance Program and on Internal Control Over Compliance in Accordance With OMB Circular A-133 Schedule of Findings and Questioned Costs Page 1 6 23 24 26 COLI.,IER COUNTY tlOUSING AUTHORITY Immokalee, Florida September 30, 1997 TABLE OF CONTENTS 16G SUPPLEMENTARY INFORMATION Independent Auditor's Report on Supplementary Information Schedule of Federal Financial Assistance Statement of Revenue and Expenditures Compared to Budget Rural Development Program (RD) Analysis of General Funds Available for Reduction of Annual Contributions Schedule of Reserve Fund[ng Activities of thc Housing Authority Schedule of Insurance Schedule of Aged Accounts Receivable Computation of Annual Contributions Earned and Project Account - Operating Reserve Changes (Housing Assistance Payments Programs) Schedule of Rental Information Schedule of Financial Institution Information Schedule of Adjustments Made - Housing Assistance Payments Programs · Annual Contributions Contract A3402E Annual Contributions Contract A3402V Annual Contributions Contract A3402K Board of Commissioners Certificate of Borrower 28 29 30 37 38 39 40 41 42 43 44 31 32 33 34 35 36 McQuay & Co., CPAs, P.A. CERTIFIED I~'BL.IC ACCOU.~'TA,~"~ ~.~,~ ~c~^: nc~ Independent Auditor's Report Board of Commissioners Collier County Housing Authority Immokalce, Florida We have audited the financial statements of the Collier County Housing Authority, as of and for the year ended September 30, 1997, as listed in the accompanying table of contents. These financial statements are the responsibility of Collier County Housing Authority's management. Our responsibility is to express an opinion on these financial statements based on our audit. We conducted our audit in accordance with generally accepted auditing standards, Government Auditing Standards, issued by the Comptroller General of the United States, and the provisions of Office of Management and Budget Circular Ao133, "Audits of States, Local Governments, and Non-Profit Organizations". Those standards and OMB Circular A-133 require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements arc free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing thc accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audit provides a reasonable basis for our opinion. ~ As described in Note B to the financial statements, the Collier County Housing Authority's policy is to prepare its U. S. Department of Housing and Urban Development programs' financial statements on the basis of accounting practices prescribed or permitted by the U. S. Department of Housing and Urban Development (HUD), which is a comprehensive basis of accounting other than generally accepted accounting principles. In our opinion, the financial statements referred to above present fairly, Jn all material respects. the financial position of Collier County Housing Authority, as of September 30, 1997, and the results of its operations, and the cash flows of its proprietary fund type for conformity with generally accepted accounting principles, and the assets, the year then ended in liabilities and surplus of its U. S. Department of Housing and Urban Development programs' financial statements on the basis of accounting described in Note B. This report is intended for the information and use of the Board Of Commissioners, Managcmenl. the U. S. Department of Housing and Urban Development and the Rural Development. However, this report is a matter of public record and its distribution is not limited. In accordance with Government Auditing Standards, we have also issued a report dated May 8, 1998, on our consideration of Tampa Corranunity Health Centers, Inc.'s internal control structure and a report dated May 8, 1998 on its compliance with laws and regulations. May 8, 1998, Tampa, Florida. ll0N. Lincoln Avenue. Tampa, Florida33( ° (813)876-2170 * FAX(813)872-0196 · Toll Free (800) 852-1049 '} .<. © [- -2- -3- COLLIER COUNTY ItOUSING AUTHORITY Immokalee, Ylorida STATEMENT OF REVENUES, EXPENSES, AND CItANGES IN RETAINED EARNINGS RURAL DEVELOPMENT SUBSIDIZED HOUSING ONLY (PROPRIETARY FUND TYPE) For the Year Ended September 30, 1997 OPERATING REVENUES Rent - housing units Rental assistance subsidy Rent - other facilities OIhcr operating revenues. Tenant charges, late fees, etc. DOE Gatcway grant revenue Total operating rcvcnucs OI'EIGXTING EXPENSES Administrative: Salaries Employee bcnefit,~ Contract services Insurance Other Total administrati',,c expenses Maintenance: Salaries Materials and supplies Other Total rnainlcnancc expenses Security: Salaries Other Total security expenses Utilities DOE Gateway grant expense Depreciation Total operating expenses OPERATING INCOME (LOSS) NON OPEIL'~TING REVENUES (EXPENSE. S) Net investment incomc Interest expense Total non operating revenues (expenses) NET INCOME (LOSS) Retained earnings ( deficit), beginning of year Retained earnings (deficit), end of year $ 1,236,069 294.834 36,336 99.487 29.674 $ 281,579 180,759 31,499 157,378 89,844 $ 258,672 148,205 24.302 24.686 6.152 $ 58,886 ..... (26.340) 1.696,400 741,059 431,179 30.838 72,00~ 22,155 647.014 1,944.245 (247,845) 32,546 (215,299) (2,260,532) (2,475.831 ) Sec Notes to Financial Statements. ..4- d COI.I.IER COUN'TY IIOUSING AUTIIORITY lmmokalee, Florida STATEMENT 0 F CASH FLOWS RURAl. DEVELOPMENT SUBSIDIZED IIOUSING ONLY (PROPRIETARY FUNI) 'FYI'E} For the Year Ended September 30, I997 CASII FI.OWS I.'ROM OI'ERATING ACTIVITIES: Ca.sh received from tenants Cash received frorn RECD for tenant rental assistance Cash paid lo employees Cash paid Io vendorr, and suppliers Cash received frnm governmental grants Other operaling revenues Net cash provided by operating aclivities C,\SI[ FI.OWS FRO.M NON-C,\I'ITAI. FINANCING AC'TIVITIF.~;: Advances to }IUD Section g program funds l.oan,; to CCIbVs [..and. Inc. Net cash provided from non-capital financing activities C,\5I I FI.OX'CS FRO.X I CA PIT,', L AND RELATI.;D FINANCIN(; ACTIVITIES: l'"rincipal paid on revenue bonds Interest paid on revenue bonds Acquisition anti construction of capital asset~ Net cash used for capital and related financing activities C,\SI! FI.OWS FRO.M INVESTING ACTIVITIES: Purcha.se of investments Proceeds from investments Interest on investments Net cash provided by investing activities NET INCRI.;A. SE (DECREASE) IN CAS11 CA,I{ AND CASI[ EQUIVAI.ENT$, October l, 1996 CASII AND CASII EQUIVAI.ENTS, September 30, 1997 RECONCII.IATION OF OPERATING INCOME (LOSS) TO NET CASII PROVIDED B'I' OPERATING ACTIVITIE..q: O~rating income (loss) Adjustments m rcconcilc operating income lo net cash providcd by o~rating actJvilies: Depreciation Change in ~sscts ami liabililics: Ac<ounts receivable from tcnnnt~ Accounts reccivablc- ~CD Accoums receivable - DOE Prepaid expenses and de,sits Inventories Accounts payable to vendors Acc~cd exposes Tenants' sccuhty dca)sits Tenams' rent collected in advance Total adjustments Net cash provided by o~=ting activities -7- 1,272,13x 291,965 (603,51)~) 29,(,7,1 $ (23.34X) (142.000) (26.340} (499,9.I 4 ) 90.O00 59.597 3-I 1.519 (23.3481 $ (.17.01.: ,.,4 )) {2,869) (I.810i (9,375) (4,765) (38,56-I) 1,182 See Nozcs to Financial Statements. 589,364 341.519 .% (2.t7.X,15) 65.301 (2~4.812) 731.991 447.179 COI,I,II.;P, C()UNTY IIOUS1NG AUTtt()IUTY lmmokalee, Florida NOTI';S TO FINANCIAI, STATEMI';NTS Scptcmher 30, 1997 N ()'FI.; A: N()'I'I.: B: OI~(;ANIZATION Thc Collier County liousing Authority ("The Authority") is ;t public h~tlv corporate and politic which was organized under Chapter 4.2i of the Florid[~ Statutes on July 12. 1966 and the laws of the State of Florida lo provide Iow rcm housing for qualified individuals in accordance with the rules and regulations prescribed by the U. S. Department of Agriculture. Rural Development (formcrlv Farmers Home Administration), U. S. Department of Housin~z and Urban [)¢velopment (IIUD) anti other Federal Agencies. ~ 'thc Aulhority has been a recipient of several lo:,ns and granls from Rur:~l Development CRD~ since 1971 under Project No. 09-011-05914055 pursuaut I{~ Sections 514 and 516 of the ltousing Act of 1949. as amended. Thc Rt.'al Development programs are designed to provide decent, safe, and sanitary M',.v-rcnt housing and related facilities for dotnestic farm laborers. ' Effective July 1. 1992. the Board of Co~nmissioners of Collier County transferred all r)l' its I tUfD l tousint~ Assistance Payments programs to tile ,'\uthorltv. purst~alll to an Assumption and'-Interlocal agreement. The transfer was approvc(t by thc S. Department of Housing and Urban Development pursuant Io .Nc,.'ation between tile Authority, the County and HUD. 'I'1:c ,\uthoritv has agreed to undertake the development and opcr;,tion {)1' ocr'rain l,,,w-rent housing projects and to provide decent, safe. and sani,u'v housinu for etJgiblc families pursuant to Section 8 of the Housin~ Assistance Ac] by mcat]s ,,f fl,rasing Assistance Payments to owners through Annual Contributions Corm'acls numbers A-3402E (Section 8 Certificate, Housing Assistance Pro~r;.,m). ,.V3402\" fV,mchcr, llousin~ Assistance Program). and A-~402K (Sccli,'"'m 8. M.dcr:~tc Rcl',abilitation..Housing Assistance Program. S t,".'~ I.x, IA RY OF SI (;NI FICANT ACCO UNTING POI.,I CI ES ,'\ Summary of thc Authorirv's significant accounting policies applied in preparation of the accompanyi~-~g financial statements are described :ts follow:,. Reporting I';ntitv In evaluating how to define tile govermncnt, for financial reporting purpo.,.c:,. management has considered all potential component units of government. 'l'l~c decision to include a potential component unit in the reporting entity was made bv applying tile criteria set forth bv the Governmental ,,\ccountin.,.z Standards Bt..-}l (GASB). - -8- COLLII,_.'I,t COUNTY IIOUSING AUTtlORITY Immokalee, Florida NOT ,I,I~ TO FINANCIAL STATEMENTS September 30, 1997 NOTE B: SU,~ISIARY OF SIGNIFICANT ACCOUNTING POI,ICII&'g Reporting Entity (Cont'd.) The basic criterion, but not the only criterion, set forth by GASB for including a potential component unit within the reporting entity is the governing body's ability to exercise oversight responsibility. The most significant manifestation of this ability is financial interdependency. Based upon the application of the criteria, no potential component unit was included in the Authority's financi;,I .,,tatements. Basis of Presentation The operations of the Authority are recorded in the following fund types. Proprietary Fund Type Programs funded primarily by the U. S. Department of Agriculture, Rural Development are accounted for using generally accepted accounting principles (GAAP) as applied to governmental entities. A proprietary fund is used to account for these activities. Proprietary fund accounting principles arc similar to those often found in the private sector. The measurement focus is based upon thc determination of net income and capital maintcmmcc. HUD Ilousing Assistance Payments Program Funds Programs funded by the U. S. Department of ltousing and Urb:,n Development (}IUD) account for activities using accounting procedures and practices prescribed permitted by the U. S. Department of Housing and Urban Development, Section 8 - }lousing Assistance Payments Programs. Under this basis of accounting, the authority's operations are not considered to bca self-sustaining activity. Basis of Accounting Thc financial statements of the Authority have been prepared under two (2) basis of accounting. Rural Development Programs The Authority maintains its accounting for Rural Development farm worker subsidized housing projects in accordance with generally accepted accounting principles (GAAP) as applied to governmental units that use proprietary fund accounting. -9- COI,IAER COUNTY IIOUSING AUTIIORITY Immokalee, Florida NOTES TO FINANCIAL STATEMENTS September 30, 1997 N()'I'I'; B: SL'M.XlAI(Y O1: SI(;NIFICANT ACCOUNTING POLICIF. S The Governmental Accounting Standards Board (GASB) is the accepted standard-setting body for establishing governmental accountinz and fin:~cial reporting principles. Thc Authoritv's proprietary fund is an enterprise fund. Such facilities arc financed by l),ural Development and operated by the Authority in a mac,ncr 'fimilar to private business enterprises. The intent of the govcrnifig body is Ihat the costs fexpcnscs, including depreciation) of providing goods or service, t(~ Ibc gcncral public on a continuing basis be financcd or recovered prin~:~r'ilv Ihrough user charges. IIL'l) l~rogr:,ms Accounting practices and procedures followed by HUD Program,. arc considered a comprehensive basis of accounting ether'than generally accounting principles. These financial statements are prepared using SIilltlI',,FV accounting principles on a basis of accounting prescribed or permitted U. S. Department of Ilousing and Urban Development. since thc majori't', its assets :ire :tided by these programs. The financial statements include the Section 8 ltousing Assistance under Annual Contributions Contracts A-3402E, A-3402V and A-3,1021~. 'l'hc significant accounting policies followed are described below to chh;moo usefulness of thc financial statements to the reader. Property and equipment arc recorded at cost and no provision for dcprcci::~ :, m of these assets is provided. :\nnual contributirm payments received from the U. S. Department of l lot~..it~,g and Urban Development for housing assistance paylllcnls and rcl;~tcd admini.strative expenses are recorded as a contribution to surplus. -10- NO'FI: B: COI.IAI£It COUNTY ItOUSING AUTIIORITY Immokalee, Florida NOTES 'FO FINANCIAL STATEMENTS September 30, 1997 1 6(; SU*I,MAI~.Y OF SIGNIFICANT ACCOUNTING I'OI.ICII'~.S (C, nt'd.) Cash and Cash Equivalents For purposes of the Statement of Cash Flows. the Rural Development subsidized housing program considers all highly liquid investments (including restricted ass(ts} with a maturity of three months or less when purchased to bc cash equivalents. There wcr'c no noncash investing, capit;,l, and financing activities (luring the 5'car. Reconciliation of cash and cash equivalents to balance sheet amount.s. Cash and cash equivalents Restricted assets: Security deposit trust fund Construction Sinking fund: Debt service account Reserve account Investments - restricted: Construction fund Sinking fund reserve account Balance Cash & lnvcstmcms Sheet Cash maturing after Arnoun[~ ~ 3 rmmth~, $ 251,143 $ 251,143 $ 106,075 I06,075 6,864 6,864 42,368 42,368 40,729 40,729 86,285 86,285 __ 836.416 836,416 $1369 880 ~ ~ 922,702 TI~c Authority deposits cash only in qualified public depositories. Thc deposits arc full.,,' insurcc~ by the Federal Deposit Insurance Corporation and/or secured pursuant to Chapter 280 of the Florida Statutes. Deoosits consist of demand deposits, savings and money market accounts. Investments consist of bank certificates of deposit and government securities, bearing inter(st rates of 3.75% - 7.75%. Uncollectible Accounts Collection losses on accounts receivable are charged against income on thc specific v,'rite-off method. In the opinion of management, all accounts arc collectible. -11- COI.LII~.I{ COUNTY IIOUSING AUTIIOIUTY Immokalee, Florida NOTES 'FO FINANCIAL STATEMENTS September 30, 1997 NOTE B: NOTI.; C: SUMMARY OF SIGNIFICANT ACCOUNTING POLICII';S Income Taxes The Authority is a public body corporate and politic which is subsidized Il,,, thc Federal Government. The Authority is not subject to Federal or State iai'omc taxes, nor is it required to file Federal nnd State income tax returns. Inventories Inventories of materials are valued at lower of cost or mar\ct, cosl delermined (ma first-in, first-out basis. Compensated Absences hcing The costs of accumulated unpaid vacation and sick leave arc reported in Iht period paid rather than in the period earned. At September 30, 1997, the Authority ~s contingently liable to employees for accumulated unpaid vacation pay in th~- amounts of $13,898, Such amounts have not been recorded in tile financial statements. Construction Period Interest Interest expense on notes and bonds and interest income on Ibc related debt proceeds are capitalized during the project develop~nent period through thc date of full availability in accordance with regulations from the Department of l{ousing and Urba;~ Dc,,'clopmcnt. Estimates The preparation of financial statements in conformity with gcncrally accepted accounting principles requires management to make estimates ;,nd ;tssumpli{m.s that affect certain reported amounts and disclosures. Accordingly, actual results could differ from those estimates. I.ANI), STRUCTUIU,~S AND EQUIPMENT Fixed assets arc carried at cost. Expenditures for maintenance and repairs arc charged to expense as incurred. Repairs that extend the useful life of the respccti,,'e assets are capitalized and depreciated. Depreciation is computed o','cr thc estimated useful li,,'es of the property and equipment by use of the straight-linc method of depreciation. -12- NOTE C: COI.IAI'~R COUNTY IIOUSING AUTItORITY Immokalee, Florida NOTES TO FINANCIAL STATEMENTS September 30, 1997 I.AND, STI~,UC'FUIH,;S AND EQUIPMENT (Cont'd.) tX summaD' of proprietary fund type land, structures and equipment at September 30, 1997 is as follows: ,Estimated Useful Lives (Years) Cost Land N/A $ 496,754 Land lmpro;'cmcnts N/A 1,616,032 Buildings 25-331/3 i4,755,653 Sewer system 33 722,197 Water system 33 434,796 Roads and drainage 33 1,415,542 Playground 7 101,357 Maintenance equipment 6 568,311 Appliances 6 533, 102 Office equipment 5 197,00 I 20,840,745 Less Accumulated Depreciation 8,272,789 Total Land, Structures, and Equipment $ 12,567,956 Operating expenses include dcprcciation on all deprccJable fixed asscts. Depreciation is recognized on assets acquired or constructed under the Rural Development loan and grant programs, which arc restricted for capital acquisitions or construction. Such grants arc reported as contributed capital, ttowever, depreciation expense and the related contributed capital accounts arc not reduced for amounts recognized through such resources. The following Rural Development capital grants for construction of farm labor housing are reported as contributed capilal :ts of September 30, 1997. project b'ame Purpose _Am,unt Farm worker Village 150 Units $ 1,636,930 Phase I Section A (1974) Farm worker Village 126 Units ~ '~ .,...~34,150 Phase Il Section B (1978) Farm worker Village 215 Units 7,219,008 Phase III Section C (1983) Farm worker/Collier Village 80 Units Phase IV Section D (1991) Total 571 Units 2,795,610 $ 13,88_:.5~9_.8. -13- NOTE I): C()I.I.IER COUNTY IIOUSING AUTIIORITY lmmokalee, Florida NOTI£S TO FINANCIAL STATEMENTS September 30, 1997 RI.;VI.;NUI5 BONI)S PAYABI.E Capital facilities arc financed by debt which is guaranteed and subsidized by U. S. l)cpartment of Agriculture, Rural Development (RECD). The Authority pr~senllv h:,.s bonds payable on its farm laborer housing projects which ;ire due annually installments of varying principal and interest amounts. Revenue bonds p:~yabl'c Sc?tcmbcr 30, 1997. are as follows: C~llier County I lou.sing Authority Revenue Bonds. Series A, 1%. due :mntl:~lly on Janua~' I in principal arnotmts of S26.00(~ to S30.000 with interest to Janu;~O' 1,2005 233.OO{) Collier County Housing Authority Revenue Bonds, Series B. l%.due annu:dly on September I in principal amounts of S31,000 to $37,000 with interest to September I, 2010 Collier County }lousing Authority Revenue Bonds. Series C. 1%, due annually on September I in principal amounts of ,554.000 to $68,000 with interest to September I, 2014 1.056,000 Collier County l lousing Authority Revenue Bonds. Series D. I%, due :mr~ually on September I in principal :miounts t~f $24.380 to 533.000 with interest to September I, 2023 750,09_Q portion classified as current 143,000 Total long-Icftu debt Thc revenues of the project arc pledged to thc payment of principal and intc,'c.st on ibc revenue bonds. Thc bonds tire redeemable before maturity, at thc optitm thc Authority, in inverse numerical ;md maturity order, on any interest p;tymci~ d:~tc upon giving 40 days written notice to Rural *Development. -14- COLLII';I~. COUNTY IIOUSING AUTHORITY Immokalee, Florida NOTES TO FINANCIAL STATI'.;MENTS September 30, 1997 NOTE 1): RI£VENUE BONDS PAYABLE (Cont'd.) Maturities of long-term debt for each of the five succeeding years and in thc aggregate are as follows at September 30, 1997: Fiscal Year Ending September 30, 1998 $ 143,000 1999 145,000 2000 147.000 2001 148,000 2002 148,000 Thereafter ... 1,761,000 ..5__2.:492.000 Sinking Fund Debt Service Account Under tile terms of the revenue bonds, a sinking fund has bccn established to provide debt service funding. After operation and maintenance requirements arc met, thc Authority transfers to the sinking fund debt service account such amounts as may be due of interest and principal on the bond.,,. Thc an]otmt required to be transferred during the year ended September 30, 1997 in order to meet debt service requirements was $168,340. The cash balance in thc sinking fund debt service account at September 30, I997 was $42,367, which ,,vas S8,154 more than the required balance of $34,213. 'File Authority was in compliance with this requirement during the year ended Scpmmber 30, 1997. Sinking Fund Reserve A ccottnt Immediately after each transfer to the sinking fund debt service account, any excess funds are deposited in the sinking fund reserve account. Funds in thc reserve account are only withdrawn upon written prior approval of Rural Development: The Authority is required to make monthly reserve deposits in the amount of S20,958 plus' the amount of any deficiency in prior deposits to the reserve account until funds and investments in the reserve account shall equal S2,514,900. The aggregate deposits to the reserve account for the year ended September 30, 1997 was $251,496, which was equal to the required annual ag.gregatc deposits of $251,496. The cumulative amount of deficiencies in prior deposits to the reserve account at September 30, 1997 was S115.666. The deficiency included $70,000 deposited in a centralized payroll fund to bc utilized as working capital. -15- C()I.IAEI( COUNTY IIOUSING AUTIIORITY Immokalee, Florida NOTES 'FO FINANCIAL STATEMENTS September 30, 1997 N()TE I): REVF. NUE BONDS PAYABLE (Cont'd.) Sin king Fund Reserve A ccottnt (Cent Withdrawals from the sinking fund reserve account arc at,thorizcd l{,z' ti~c following purposes: u) To meet principal and interest payments due on the bonds in thc cvcm thc sinking fund debt service account balance is not sufficient for that purpose. b) c~ d) To pa.,,' costs of extraordinary repairs or replacements to the project v,'hich arc not considered current expenses. To make improvements or extensions to the project. For other purposes desired by the Authority wMch ,.,.'ill prmnotc its purpose without jeopardizing the collcctibility of the bonds or t~ndcrlying security. c) To thc extent the reserve account exceeds $2.514,900. to tmrchasc Nmds before maturity in thc prescribed manner. During the year ended September 30, 1997. the Authority was auth~rizcd transfer S231,082 from thc Sinking Fund Reserve account to the C,mstrt~ctitm Fund. The authorized transfers were made to pay the costs of extri~ordinarv repairs or replacements to tile project which are not considered currcrit expenses and to make improvements or extensions to the project. Thc actt~al transfers to ~he Construction fund aggregated S503,566 which ,.',';ts v.'ithin amount authorized for the related approved witlldrawals. Construction Fund 'l"hc construction fund is used to account for grant and loan funds rcccivc¢l I'ro~n Rural Development and other sources and to record constructi{~n activities. During tile year ended September 30. 1997. expenditures from thc Construction Fund for authorized construction activity aggregated $420.696 which was within the amount authorized for the related approved withdrawals. In the Rural Development enterprise fund reservations of retained earnings ltavc been established in conjunction with debt issuance requirements or policy directives as stipulated by the respective aforementioned funds. -16- COI.LII';R COUNTY ttOUSING AUTIIOI~,ITY Immokalee, Florida NOTI';,S TO FINANCIAL STATISMI:;NTS September 30, 1997 N{)'l'I'; I.;: ANNU,\I, CONTRII~,UTIONS BY IIUD Annual Contributions A-3402 .,\nnual Contributions Contracts A-34028 and A-3402V and :¥3402K for 8 programs provide for housing assistance payn'mnts to private o,.vncr>, ,)f residential units on behalf of eligible Iow or very Iow existing and moderately rehabilitated housing covering the difference between the maximum rental on dwelling unit. and the amount of rent contribution by a participating family and related administrative expense. Thc Authority is also eligible to receive reimbursement for preliminary expenses prior to lease up. HUD contributions for thc year ended September 30. 1997 were as follows: Section 8 CertiFicate Existing Vouchers Moderate rehabilitation 767.261 461.3,1() ,33Q,~8.2 I tL.'D contributions for housir~g assistance payments are not reflected :ts rcvcm:c in the statement of income and expense, but as additions to st, rplus. PI'iNSIf)N PI.AN l'latt Des'crotion Thc Collier County ltousing Authority Defined Benefit Pension Plan and Trt:st is ;, singlc-employer'retiremcnt plan covering all eligible employees. Thc plan :s admini.,,tered by United States Pension Services. Inc.. It was cs't;lblishcd in 1983 by re.,,olution and became effective October !, 1987. There ',','ere no amcnd~amnt., to the Plan during thc yearcnded September 30, 1997. All full-time employees who have attained age 18 are eligible to pmticip:~tc in ~hc Plan provided they have completed one (1))'ear of service. Eligibility f~,~ retirement is attained at age 65 or the 10th anniversary of .joining thc'plan whichever is latter. Vesting at 100% requires four (4))'ears of credited service with vesting beginning at 33% at 2 years of credited service and increasing 33% per ,,.'ear. Employees who retire at or after age 65 with t0 years of credited services are entitled to an annual retirement benefit, payable monthly for lil'c, in an amount equal to 30% of the average salary during their last five years of employment, for each year of credited service up to 10 years, and 30% 'for each year over 10 years for at least 30 years of service. The Plan also provides death and disability benefits and life insurance equal to 50 times the monthly retirement bcnel'it. -17- COI.I.II';R COUNTY tlOUSING AUTIIOI~ITY Immokalee, Florida NOTES TO FINANCIAL STATEMENTS September 30, I997 NOTI'; F: PENSION PI,AN (Cont'd.) 'I'hcsc benefit provisions and all other rcquircments .Slatttle and the Employce Retirement Income Security Act of 1974. collllllt)nlv called "ERISA". As of September 30, 1997, the plan included 37 participants and a total annual covered compensation of S666,063. Thc total Authority payr{>ll as of September 30. 1997 was .5690.340. Membership in the Plan is comprisc(i ~I' thc following: Retirees receiving benefits Active employee:; Terminated vested participants 1 All contributions are made by the Authority. Employee contributicms arc n{~I permitted. Contributions to the Plan to be made durin,, fiscal vcar cmlcd September 30, 1997 were actuarially computed using the Frozen Initial l.iabilitx Cost Method. l:tt/tdi/tg Status and Progress The amount shown below as tile "pension benefit obligation" is a standardized disclosure measure of tile present value of pension benefits, adjusted fin' thc effects of projected salary increase and step-rate benefits, estimated to be payable in the future as a result of employee service to date. The measure is intemled help users assess the funding status of the Plan on a going concern basis. progress made in accmnulating sufficient assets to pa5' benefits when due. ami make comparisons among employers. The measure is thc actuarial present value ,ff credited projccled benefits, and is independent of tile funding method used determine contributions to thc Plan. The pension benefit obligation ,.vas computed as part of the actuarial valuation pcrfimned October I. 1996. Significant actuarial assumptions used in thc ,.'altmtion include the following: Life expectancy is calculated using the 83 GAM with (/ veers adjustment Mortality Table Annual rate of return on the investnlcnts of present and future assets of 7% C. Annual projected salary, increases of q~ D. Retirement age ~f65 -18- N()TE F: C()I.,I.IEI*, COUNTY IIOUSING AUTIIORITY lmmokalee, Florida NOTES TO FINANCIAL STATEMENTS September 30, 1997 PENSION PLAN (Cont'd.) Based upon the latest actuarial valuation as of Octber !, 1996, thc pension hcncfit obligation was calculated as follows:. Pcnsion benefit obligation: Retirees and beneficiaries receMng benefits and terminated employees not yet receiving benefits S 209,084 Active Participants: Nonvcsted Vested Total pension benelit obligation Actuarial value of assets, at fair market value 5,522 359,841 $ 574,.447 Unfunded pension benefit obligation A ctuarially Detertnined Contribution Requirements attd Contribution Made The Plan's funding policy provides for actuarially determined pcri~dic contributions at rates that, for individual employees, increase gradually over ~imc so that sufficient assets will be available to pay benefits when duc. Thc contribution rate for normal cost is base upon the level percentage of payroll method. The Plan uses the frozen initial liability method to amortize the unfunded frozen initial liability over 12 years. The significant actuarial assumptions used to compute the actuarially detcrmincd contribution requirement are the same as those used to compute thc pension benefit obligation described above, except interest earnings is assumed at 7%. The contribution to the Plan for September 30. 1997 ofS109.604 (16% of current covered payroll) ,.,,'as accrued in accordance v,'ith actuariallv determined requirements computed through an actuarial valuation performed as of Oct~flacr I. 1996. The contribution consisted of the following: a; Normal cost (15.3% of current covered payroll) b) Amortization of unfunded frozen initial liability c) Interest Total current contribution S 85.689 14,439 . 9,476 $109.604 The Authority contributed $144,943 (22% of current covered payroll) which consisted of $35,339 (5% of current covered payroll) to cover the prior years funding deficiency. As of September 30, 1997 there was no remaining accrued pension liability. -19- COLMER COUNTY ItOUSING AUTItORITY lmmokalee, Florida NOTES TO FINANCIAL STATEMENTS Year ended September 30, 1997 NOTE F: N OTI'; G: PENSION Pl.,AN (Cont'd.) Trend Information Trcnd information gives an indication of the progress made in accumulatinL: sufficient assets to pay benefits when due. Itistorical trend information on thc Plan is being accumulated as follows: I997 1996 1995 Net assets available for benefits $577,110 $345,141 $285,172 Pension benefit obligation 574,447 310,552 310.552 Percentage funded 100.0% 92.0% 92.0q; Annual covered payroll 666,063 536,909 595.475 Unfunded pension benefit obligation as as a percentage of annual covered payroll 0.0% 7.0% 4.26% Employcr contributions a.s a percentage of annual covered payroll 22.0% 30.0% 17.5% All employer contributions were made in accordance with actuariallv dctcrmincd requirements. INTI';RFUND RI:;CEIVABI.,ES AND PAYAIII.,ES Individual fund intcrfund receivable and payable balances at Scptcmbe,' 30, 1997. arc as follows: Receivable l;'u nd payable Fund RD Fund HUD Section: RD Fund Certificate $ 15,511 RD Fund Voucher 7,637 RD Fund Moderate Rehabilitation 2,138 Revenue fund Bond debt service 2,662 Revenue fund Construction fund 1,589 $ RECD Fund: Reserve Account RECD Fund: Revenue fund -20- COLLIER COUNTY HOUSING AUTHORITY Immokalee, Florida NOTF. S TO FINANCIAL STATEMENTS September 30, 1997 NOTE It: COMMITMENTS AND CONTINGENCIES Litigation As of September 30, 1997, the Authority was involved with various litigation arising from operation of its low rent housing program. In the opinion of thc Authority's legal counsel, such losses, if any, resulting from litigation would bc adequately covered by insurance. Contingencies Authority has been audited for the year ended September 30, 1997. Programs administered by thc Authority, in most instances, are subject to audit bv thc funding agency. Costs, if any, which arc deemed unallowable bv the £ur~ding agency, may require reimbursement by the Authority. Thc ~uditors have determined that no costs are questioned that require the U. S. Department of Housing and Urban Development (HUD) and the U. S. Department of Agriculture, Rural Development (RECD), approval and review for allowability for thc year ended September 30, 1997. Questioned Cost or other compliance findings are defined as follows: An alleged violation of a provision of a law, regulation, contract. cooperative agreement, or other agreement or document _oo,,'crnin~ ~hc expenditure of funds: (2) A finding that. at the time of the audit, such cost is not ',upp~rtcd bv adequate documentation; or;, tx. finding that the expenditure of funds for thc intended purp{~sc is unnecessary or unreasonable. Questioned Costs and compliance findings arc subject to a final review and determination by the U. S. Department of Housing and Urban Development and the U. S. Department of Agriculture, Rural Development (RECD) or other state and local agencies. These costs arc disallowed, unless the Authority is able to convince the grantor or regulatory agency that they were made in accordance with legal or regulatory, requirements. -21- CO LLI I.;R CO UNTY IIOUSING A L'TI IOR ITY lmmokalee, Florida NO'I'I'~S TO FINANCIAL STATEMI~;NTS Year ended September 30, 1997 NO'I'I:; I: R I'; LATED PA RT 5.' 'rRANSA CTI O NS Thc Authority established a non-profit corporation entitled Collier l lousing Authority's Land Acquisition New Development Incorporated (CCHA~ Land, Inc.) to serve as its land bank. Certain of CCttA's Land, lnc.'s Board Directors also serve on the Board of Commissioners of the Authority. As September 30, 1997. the Authority authorized loans aggregating $40,000 CCItA's Land, Inc. to secure the legal and engineering services Io rezone certain land that '.vas received as a donation by CCttA's Land, Inc. The loan is duc upon demand with an annual interest rate of 3%. It is CCHA's Land, lnc.'s intent to sell thc land to thc Authority at below market rate for the development of low income housing. The loan is carried as an asset in the accompanying balance '~hccls ~)f S40,000. -22- McQuay & Co., CPA.s, P.A. CERTIFIED PUBDC ACCOL'."~ANT5 Members: AICPA. FICPA Independent Auditor's Report on Compliance and on Internal Control (.)vcr Reporting Based on an Audit of Financial Statements Performed in Accordance Wilh Go vernm ent A uditing Standards Board of Commissioners Collier Count,,' ]lousing/\uthoritv Immokalcc. Florida Wc have audited thc financial sliltelncnls of Collier Count,,' IIousing Autlmrity as of :~nd for the year ended September 30. 1997. and have issued our re~ort lhcrcon dated May 8. 1998. Wc conducted our audit in accordance with generally accepted auditing standards and the s~amhn'ds applicable to financial audits contained in Government Attditing Standards. issued bv thc Comptroller General of thc U'nitcd States. Compliance As part of obtainin= reasonable ;Lssurance about whether Collier County ]hmsing Auth~,ritv',, financial statemcnts~lrc free of material misstatement, we performed tcsts of its complim~cc '.v'ith certain provisions of lav.'s, refeulations, contracts, and grants, noncompliance wilh which ct)u]d have a direct and material cff~'ct on the determination of financial statement amuunls, l lmvcvcr. providing an opinion on compliance with those provisions was not an objective ~)f our autlil, and accordingly, v,'e do not express such an opinion. The results of our tests disclosed noncompliance that arc required to be reported under Government Audithtg Standardx. Internal Control Over Financial Re#ortOtg, In planning and peril)truing our audit, we considered Collier County Housing Auth~mtv's internal control over financial reporting in order to determine our auditing procedures purpose of cxprcssin- our opinion on the financial statements and not to provide assurance thc internal corltrol over financial reporting. Our consideration of thc internal control ,wet financial reporting v,'ould not necessarily disclose all matters in the internal control over finan,.:ial reporting that mightbe material v.'caknesses. A material weakness is a condition in which ~hc design or operation of one or more of the internal control components does not reduce relatively low level the risk that misstatements in amounts that would be malerial in relmi~m thc financial statements being audited may occur and not be detected within ;t timely period hy employees in the normal course of performing their assigned functions. We noted no realtor.,.; involving thc internal control (),,'er financial reporting and its operation ti'mt we consider material weaknesses. This report is intended for thc information of thc Board of Cornmi,;sioncrs. Management ~I' Collier County ltousing Authority. the U. S. Department of Housing and Urban Devclupmcm and other federal and state agencies, ttowcver, this report is a mauer of public record, and its distribution is not limited. May 8. 1998, Tampa, Florida. 110 N. t. incoln Avenue, Ta. mpa. Florida 32 · (813) 876-2170 · FAX (813) 872-0196 · Toll Free (800) 852-1049 McQuay & Co., CPAs, P.A. CEgTIFIED PUBLIC ~,CCOU.N'TANT~ Mem~cn: AICPA; FICPA Independent Auditor's Report on Compliance With Requirements Applicable to Each Major Program and on Internal Control Over Compliance in Accord:,nce With Circular A-I33 Board of Commissioners Collier Count>, Itousing Authority lmmokatee. Florida Compliance We have audited the compliance of Collier County Itousing Authority with thc types compliance requirements described in thc U. S. Office r~ Ma,agcme, t tltld Bt/dj;el (Oi[-[I]) Circular/t-133 Compile,ce Supplement that are applicable to each of its major federal programs for the >'ear ended September 30, 1997, Collier County ltousing Authority's major fcdcr:iI programs arc identified in the summary of auditor's results section of the accompanying schedule of findings and questioned costs. Compliance with the requirements oF I:~v,,s, regulations, contracts, and grants applicable to each of ils major federal progr:lms is thc responsibility of Collier County I-lousing Authority's management. Our rcsp{msibility is express an opinion on Collier County ltousing Authority's compliance based on {)tit' atNlit. Wc conducted our audit of compliance in accordance with generally accepted auditing thc standards applicable to financial audits contained in Government Auditi, g Sta~ttItlrtI.¥. issued by thc Comptrollcr General of thc United States; and OMB Circular A-133. Attdit.~' [~)c'al Gover, me~ttx, a,d Noir-Profit Organiz. alion$. Those standards and OMB Circular A-133 require that we plan and perform the audit to obtain reasonable assurance about whether noncompliance v,'ith the types of compliance requirements referred to above that could have direct and material effect on a major federal program occurred. An audit includes examining. a test basis, evidence about Collier County Housing Authority's compliance with those requirements and performing such other procedures as we considered necessary in thc circumstances. We believe that our audit provides a rcasonable basis for our opinion. Our audit docs not provide a Icgal dctcrmination of Collicr County IIousing Authority's compliance with those requirements. In our opinion. Collier County ltousing Authority's complied, in all material respects, with thc requirements referred to abov~ that are applicable to each of its major federal programs l'of Ihe year ended Scptetnbcr 30. 1997. l. ternal Co.trol Over Complia.ce Thc management of Collier County Housing Authority is responsible for establishing maintaining effective internal cot~trol over compliance with the requirements of regulations, contracts, and grants applicable to federal programs. In planning and performing our audit, we considered Collier County [-lousing Authority's internal control over compli:mcc with requirements that could have a direct and material effect on a major federal program in order determine our auditing procedures for the purpose of expressing our opinion on complial~cc :mil to test and report on the internal control over compliance in accordance with OMB Circular A- 133. -24- 110 N. Lincoln Avenue, Tampa, Florida 33609 · (813) 876-2170 · FAX (SEI) 872-0196 · Toll Free (800) 852-1049 Board of Commissioners Collier County llousing Authority ! Our consideration of the internal control over compliance would not necessarily disclose all matters in the internal control that might be material weaknesses. A material weakness is a condition in which thc design or operation of one or more of the internal control components does not reduce to a relatively Iow level the risk that noncompliance with applicable rcq.uircments of laws, regulations, contracts, and grants that would be material in relation to a major federal program being audited may occur and not be detected within a timcly period by employees in the normal course of performing their assigned functions. We noted no matters involving thc internal control over compliance and its operation that we consider to be material weaknesses. This report is intended for the information of the Board of Commissioners. Mar~agcmcnt of Collier County ltousing Authority, thc U. S. Department of }-lousing and Urban Development and other fed6ral and state agencies. However, this report is a matter of public record, and its distribution is not limited. May 8, 1998, Tampa, Florida. -25- Collier County Housing 'Authority Schedule cf Findings and Questioned Costs For the Year Ended September 30, 1997 Section I--Summary of Auditor's Results Financial Statements Type of auditor's report issued: Unqualified Internal control over financial reporting: Material weakness(es) id:ntified? Reportable condition(s) i,:lentified that are not considered to be material weakness(es)? Noncompliance material to financia; statements noted Federal Awards yes X yes ..... X yes X no noncrcponed no Internal control over major programs: · Material weakness(es) id,'.ntified? · Reportable condition(s) i,:tcntificd that arc not considered to be material weakness(es)? yes X no ,, yes X none reported Type of auditor's report issued on compliance for major programs: Unqualified ~ycs __no Any audit findings disclosed that are required to be reported in accordance with section 510(a) of Circular A-133 Identification of major programs: CFDA Number(s) Name of Feder0] Program or (7luster U. S. Department of Housing and Urban Development: Housing Assistance Payments Program For Low Income Families: 14.857 14.855 14.856 Section 8 Rental Certificate Program Section 8 Rental Voucher Program Section 8 Moderate Rehabilitation Prograrn Dollar threshold used to distinguish between type A and type B programs: Auditee qualified as low-risk auditce? .$..300,000 X yes no -26- Collier County HouSing A~i~ho'rity Schedule of Findings and Questioned Costs (Continue) For the Year Ended SeP!ember 30, 1997 Section II--Financial Statement Findings No matters were reported. Section III--Federal Award Findings and Questioned Costs No matters were reported. -27- SUPPLEMENTARY INFORMATION -28- McQuay & Co., CPAs, P.A. C'Tr~] i~'IED PUBLIC AC. COUN'~AN'I~ M~B: AIC~A: r-]CPA Independent Auditor's Report on Supplementary Information Board of Commissioners Collier County Housing Authority Immokalec, Florida We have audited the financial statements of the Collier-County Housing Authority as of and for the year ended September 30, 1997, and have issued our report thereon dated May 8, 1998. These financial statements are the responsibiIity of the Authority's management. Our responsibility is to express an opinion on these financial statements based on our audit. We conducted our audit in accordance with generally accepted auditing standards and Government Auditing Standards, issued by the Comptroller General of the United States, and the provisions of Office of Management and Budget Circular A-133, "Audits of States, Local Governments, and Non-Profit Organizattons . Those standards and OMB Circular A-133 require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating thc overall financial statement presentation. We believe that our audit provides a reasonable basis for our opinion. ' ' Our audit was made for the purpose of forming an opinion on the financial statements of Collier County Housing Authority taken as a whole. The accompanying Schedule of Federal Financial Assistance and the supplemental data required by Rural Development and HUD are presented for the purposes of additional analysis as required by U. S. Office of Management and Budget Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations, and is not a required part of the financial statements. Such information has been subjected to thc auditing procedures applied in the audit of the financial statements and, in our opinion, is fairly stated in, all material respects, in relation to the financial statements taken as a whole. May 8, 1998, Tampa, Florida. -29- I I0 N. Lincoln Avenue, Tampa, Flor/da 33609 · (813) 876-2170" FAX (813) 8724)!96 ,, Toll Free (800) 852-1049 REVENUES Rent - housing units Rent - other facilities Income on invested funds Other operating revenues Total revenues OPERATING EXPENSF~S Adminislralivc S al,',..d es Employee benefits Contract ~rviccs Insurance Other Total adminislrativc Maintenance Salaries Conlracts Materials and supplies Total maintenance Security Salaries Other Total security Utilities Total expenses EXPENDITURES Debt Service Sinking fund rcscrvc transfers Capital outlay Total cxpcnditurcs and expenses EXCI~2SS REVENUE OF OVER EXPENDITURF. S COLLIER COUNTY HOUSINC 'AUTHORITY lmmoic~lee~ Florida STATEMENT OF REVENUES AND EXPENDITURES COMPARED TO BUDGET (PROPRIETARY FUND TYPE) RURAL DEVELOPMENT SUBSIDIZED HOUSING ONLY For the Year Ended September 30, 1997 BUDGET $ I359,601 41,100 77,500 99.100 1.777.301 292,072 193.406 47.000 171.000 48.000 751.478 289.128 12.000 172.000 473.128 33.824 5.003 38.824 76.000 1339.430 168.340 251.496 18.035 ACTUAl. Scc Notes to Hnancial Statements. VARIANCE 1330.903 $ (28.69; 36,336 (4,76 58,886 (18.61, 09.487 38' 1.725.612 281.579 180.759 31,499 157.378 8q.844 (51.68~ 741,059 258.672 24.302 431,179 24.6S6 6.152 30.838 72.000 1.275,076 168,340 251,496 25,199 1.777.301 1.720. III $ $ 5.501 I0.492 12.64~ 15.501 13.62: (41 ..~ 10.4 lc~ 30.456 ( 12.302 2.'1,795 41.949 9,138 7,986 4.000 64.354 (7:164! 57.190 $ 5.501 -31- O-- 7~ -33- COLLIER COUNTY HOUSING AUTIIORITY Immokalee, AC~VITI~ OF TIlE HOUSING A~HORI~ September 30~ 1997 The Authority had 571 units of Rural Development F~ worker labor housing in maflagcmcnt at September 30. 1997 and was administcring 270 Ieee housing uniB under the }tUD Housing Assistance Payments Program. Management 09-011-05914055 Farm Labor Housing Sections A - D 571 Leased ,~ FL29-E- I41-001-006 Section 8 Housing Certificate Program 145 FL29- V- 141-004-008 Section 8 Housing Voucher Program 90 FL29-K-141-001 Section 8 Moderate Rehabilitation 35 ~'~ ~ ' ' TOTAL 841 -34- 0 O0 .<~ o ~1 E E E E 0 0 0 0 U U U U -35- COLLIER COUNTY HOUSING AUTHORITY Immokalee, Florida SCHEDULE OF AGED ACCOUNTS RECEIVABLE RUIb~,L DEVELOPMENT sUBsIDIZED HOUSING ONLY (PROPRIETARY FUND TYPE) For the Year Ended September 30, I997 NO. UNITS ACCOUNTS RECEIVABLE - TENANTS One bedroom un[ts Two bedroom units Three bedroom units Four bedroom uniL~ Total accounts receivable - tenants All accounts receivable arc current as of September 30, I997. BALANCE 61 $ 2,545 173 8,767 89 11,029 98 5,938 421 $ 28.279 -36- -37- COLLIER COUNTY HOUSING AUTIIORITY Immokalee, Florida 'i~. , SCIIEDULE OF RENTAL RqFORMATION RURAL DEVELOPMENT SUBSIDIZED ItOUSING ONLY (PROPRIETARY FUND TYPE) For the Year Ended September 30, 1997 UNIT SIZE NO. UNITS RENTAL RATE GROSS POT~\'TIAL WEEKS RENT One bedroom units Two lx'..droom uniLs Thrcc bedro<)m units Four I:x:droom TOTAL NUMBER OF UNITS ACTUAl, RENTAI, REVENUE Tcnants RECD rental assistance subsidy Vacancy losses 66 $ 198 $ 172 $ 135 $ 571 TOTAL GROSS POTENTIAL RENT NOTE I -- Rental rates wcrc cffcctivc October i, 1996. Management collection policies provide for thc weekly collection of rent. Dclinqucnl accounts rexcivablc, if any. do not cxcccd 30 days in most instances. 45 51 57 62 52 $ 154.440 52 525.096 52 509.808 52 435.240 1.624.584 Pcrccnla~:c Amount 76.09% $ 1.236,069 18.15 % 294,834 94.23% 1530.903 5.77% 93.68,1 IO0.(X')% $ 1.624.584 -38- NA I',lF: OF FINANCIAl. IN.~rlTUTION COLLIER COUNTY IIOUSI~ AUTIJORITY 1mmok~lff, Flodds ~ :~. 5Ci IF~ULE OF ~ANC~L ~ i'l ~ ~ON ~~ON RU~L DEVEI~PM~S~~ IIO~G ONLY (PROPRJ~ARY ~ ~ Flo~d.l Commund7 Ba~k Im;n~k ;~lc~, l:loeda 33934 F~n,t Union P. O. Be,, 4.5092 Naions B~k of Flond3 P. O. Bo~ 31590 T~mp~. Flc~da :33631-3590 Indcpcndcnt Bankers' Bank of Flor~a P. O. 13o~ 499g Oda~lo. I'1 32~02.499S Opcr:uion and Ma~mtnancc Rcvcnuc Fund CCI1^ Scholarship Fund Security Deposit Fund Derm~d Benefit P~io~ Tam Bond & Imcr~,t CcmFicatcs of De~it Ccr~l'~--~,.s of Depo,~it Ccni~calcs o( Del:x~ml Bond & lnurc~ Sinking Fund Payroll Spa:i''1 Evcms Account Cash Cons~ruclion Fund C~nil"~ca~ of Deposit 26.041 147,422 446 106,720 446 "X),000 100.000 671,176 :32..315 42,2G~ 40,729 11.'%312 190,598 IC~,000 IOO.I~X1 59~.297 Sarasoca. FlOrida Infraslrucfure Salcs Sunu Revenue 0emd 2~.0CD Florida Sfatc Turnpike Aulhodly Dural Coumy. ~ ~l Da~ona fl~h. ~ Wa~ Palm gcxh ~ IJcglh Fxilily Au~y RcY~K Oo~ CI.ASSIF1CATION Cu.%h - Unrc,m'~clcd Fund Cash - UnrcsUictcd Fund C~.,,h - Unrcst/klcd Fund Ca.~h. Rcstrlclcd Fund C~%h - RclJrcc Pcnsion Paymcn[x Cash - Rc~:rvc Fund Inv~lmcnts. Rcsc.,wc Fund lnvcsln',cnts - Rc~rvc Fund Invcslrncms - Reserve Fund Invrsm~nls - Reserve Fund Ca.~ o Unrcslricled Fund Cash. Rcservc Fund Cash - Rc-,~r~e Fund Cash. Umcstric~cd Fund Ca.,,h . Unrcstriclcd Fund Ct..h - Putsc~c F'.'nd Jnvc~i'll~JIt s. Rc~,crvc Fund JnYcs. ln:Knl~. Rcse~c Fund In¥c~lrnen[~. Rt~crvc Fund COLLIER COUNTY IIOU$ING AUTHORITY Immokal~e, Florida AUDIT September 30, 1997 ACC NO: A-3402 (SECTION 8 ttOUSING ASSISTANCE I'ROGRAM$) SUMMARY OF ADJUSTMENTS MA DE DF--.SCRIPTION ' " ACCOUNT NO: DEBIT A3402E - .SECTION 8 RENTAI, CERTIFICATE, PROGRAM CREDG AccounCs payable. ItUD Prior year adjustmcn[s: Affecting residual receipts To properly rccord FYE 96 Scltlcmcnt per !iUD 52681 settlement corrections ('This cmry should Ex: recorded by thc PilA) 2118.0 6010.0 (2) Cummulafivc l IUD annual IIUD Con{ribufons Ilap }iud Famed Admin. fees liar to Ifousc Fees Audit Fcc Accounu payable - ItUD Family Sclf Adm. Fees To record ~noum duc to IIUD per Settlement HUD Form 5268! ('This cn:~ should ~ recorded by ~hc PilA) 2840.0 3000.0 3200.0 3230.0 32200.0 2118.0 3210 767.~)5 79.391 675 1,950 767.2~ 96.44 (3) Operating Reserve - SECTION 8 }{AP Unreserved surplus To record provision for operating reserve iIUD per Scltlcment HUD Form 52681 (This entry should be rccordcd by thc PHA) 2826.0 2810.0 49.371 49,37: ¢4) Project Account Section 8 IIAP Unreserved surplus To record provision for project account IIUD per Scdcmcnt IIIJD Form 52681 Fl'his cmry should be recorded by thc PIIA) 2827.0 2810.0 52.619 52.61c~ (5) Project Account Section 8 HAP Unreserved surplus To adjust projcct account ItUD ,ocr Scdcmcnt HUD Form 52681 ('This cmry shauld be recorded by thc PHA) 2827.0 2810.0 15.431 15,431 (6) Project Account Section 8 Unreserved surplus Public Law 105-18 adjustment required by HUD ('Chis enlry should be recorded by the PItA) 2827.0 2810.0 1.519.900 1.519.900 $ 2.5(}3.021 $ 2.54')3.021 -40- COLLIER COUNTY HOUSING AUTIIORITY Immok~lee, Fiorfda AUDIT S~pt~nb~r ACC NO: A-3402 (SECTION 8 IIOUSI~G ASSISTANCE. PROGRAMS) SUMMARY OF ADJUSTMENTS MADE DESCRIPTION ¥~;i,7 :e~:',, ACCOUNTNO: A3402V - SECTION 8 RENTAl. VOUCHER PROGRAM Accounts payablc - }IUD Prior yem' adjustments: Affecting residual receipts To properly record FYE 96 Settlement per [IUD 52681 settlemenl corrections ('This entry should be recorded by the PIIA) (2) Cummulative IIUD annual HUD Contributions flap ttud Earned Admln. fees Ilar to IIousc Fees Audit Fcc Accounts p.~yablc - tlUD To record amount due to ttUD per Sculcment ItUD Form 52681 (This entry should be recorded by thc PIIA) (3) Operating Reserve - SECq'ION g HAP Unreserved surplus To record provision for opcratlng reserve tlUD per Settlement ]iUD Form 52681 O-his entry should be recarded by thc PI[A) (4) Project Account Section g IIAP Unreserved surplus To record provision for project account tIUD per Scttlcmcnl HUD Form 52681 Cl'his entry should be recorded by thc PHA) Project Account Section 8 flAP Unreserved surplus To adjust project account ttUD per Settlement ltUD Form 52681 O"his entry should bc rccordcd by thc PIIA) 211g.O 6010.0 2840.0 3000.0 3200.0 3230.0 32200.0 2118.0 2826.0 2810.0 2827.0 2810.0 2827.0 2810.0 DEBIT CREDIT $ 684 461.347 503,051 49.682 675 1,165 93.227 23.331 23.331 48,322 48.322 16,393 16.393 (6) Project Account Section 8 HAP Unreserved surplus Public Law 105-18 adjustment required by HUD (This entry should bc recorded by thc PHA) 2827.0 2810.0 196. I53 196,153 $ 839,456 $ 839.45~ -41- COI.LI£R COUNTY IlOUSING AUTIIORITY Immokalee, Florida ' . ~.~ AUDIT ,~plember 30, 1999 ;~. .... ' ACC NO: A-3402 (SECTION g tlOUSI]~G A~$IS~ANCE PROGRAMS} SUMMARY OF ADJUSTMF. NTS MADE DESCRIPTION A3402K. SECTION g MODERAWE REiIABILITATION PROGRAM ' ':' ' (I) ," "'%~'~ ;. ": .... H~p I Iud . Prior yom' adjustments: Affecting residual receipts , To properly record FYE 96 Settlement Per itUD 52681 sclllerne, n! ¢orre4:lJons ('This entry should bc recorded by Cummulafivc IIUD annual Contributions. Mod. Rchab H~p Hud -Earn~l Admin. Audit Fee Accoums pay:~ble - HUD To record amount duc Io ]IUD Per Sctticmcnt HUD Form 5268! (Th~s entry should Ix: recorded by thc PHA) 3000.0 6010.0 2840.0 3000.0 3200.0 32200,0 2118.0 DEBIT CREDIT $ 20 20 151.875 165.228 20.064 435 33.853 Operating Rescrvc. SECTION 8 Unrcscrvc4J surplus To record provision for operating reserve HUD per Setflcmcn! HUD Form 526g l (This cntry should be recordcd by Ibc P]IA) 2826.0 2810.0 5.313 5.313 (4) · Project Account Section 8 If AP ' ' Unreserved surplus To record provision for project account liUD per Senlcmcnl IIUD Form 52681 (This entry should be recorded by thc Pll^) (5) Project Account Section 8 ltAP Unreserved surplus To adjust project account HUD per Settlement !IUD Form 52681 (This entry should be recorded by thc PIIA) 2827.0 2810.0 2827.0 2810.0 16,894 16,894 14.~ 143,242 $ 351.196 $ 351,196 --42- COLLIER COUNTY HOUSING AUTItORITY Immokalee, Florida Board of Commissioners September 30, 1997 Dorcas F. Howard, Chairman Martha Lcmus, Vice Chairman Lois Stubbs, Farm Laborer Leo S. Cardona. Ed. D., Chuck St. John, Farmer Expiration of Term October 17, 1998 November 7, 1997 November 4, 2000 October 27, 1999 November 7, 1998 tMidress lmmokalcc, Florid;: Im~nokalcc, Florida Immokalcc, Florida Immokalcc, Florida Naplcs, Florida -43- COLLIER COUNTY HOUSING AUTHORITY Immokalee, Florida '~:,~. ~ ~ CERTIFICATE OF BORROWER September30,1997 [~' ~, USDA RURAL DEVELOPMENT NAME: ColIier County HoUsing Authority PROJECT NO: 09-011-05914055 %e information provided by Collier Count~ Housing Authority to McQuay & Co., CPAs, P. A., Certified Public Accountants, for the preparation'~f the 1997 annual audit to which this ce~ification is attached is hereby ce~ified to ~ tree =d co~ect, ~d it is further codified that the handling of the rescue account, the operation and m~intenance account, and rental receipts by Collier County Housing Authority was in accordfi~Ce With the USDA, Rural Development regulations. '~/:: ', Done this ~ ~.. '''< ' . 1998. By: --. . .,: : Executive Director IIIIIIIIIIII II i11111111111111111111 IIIII Approved Budget 1998-1999 REVENUE Resident Rents Miscellaneous Rents Interest Income Other Income $1,645,114 4 !,400 77,500 99,100 Total Revenue $ ! ,863. i 14 OPERATIONAl. EXPENSES Administrative Maintenance Security Utilities Debt Service Reserves 834,527 525.090 39,511 79,000 168,490 251,496 Total Expense.$ 1,898, i 14' * S35,000.00 will come out of turves for capital equipment. REVENUE l~'etling Rents 66 x 1Br units 48 Weekly 198 x 2Br units 54 Weekly 172 x 3Bt units 60 Weekly 135 x 4Bt units 65 Weekly 4% Total Vacancy Total D~'elling Rents 1998-1999 164,736 555.984 536,640 456,300 ! ,7 ! 3,660 {68,546} ,,, 1,645,114 1997-I~8 161,304 545,688 527,696 449,280 1.683.968 167.359} !,616,,609 Mhceilaneo~ Rentg Convenience St.re and I.aundrv = 18,000 18,000 Security Unit : 2.400 2.400 Parking Permits = 20,000 20.000 Storage Fees = 1,000 1.000 Total Mbrcllaneoas Rents ,,41,400 ....4.1,4oo Interest Income [)cbt Service Fund General Rcscn'c Fund Insurance Reserve Fund Total Interest Income 6.000 70.000 1.500 y7,500 6,000 70,000 1.500 _ 77,500 Other l ncon~: Maintmancc Charges L ~c'g. al f:e~ & [.ate Charges' Garbage Collection Fees K~' Replacement Fees Bad Debt Collection Daily Cash Surplus Miscellaneous Income Total Other Income Total Revenue 18.000 18,000 57.000 1,000 2.000 I00 3,000 ,99,100 _.1,863.114 18.000 18,000 57,000 1.000 2,000 100 3,000 99,!00 J ,834,609 Ol~mtiomJ E XlX,~ ADMINI.VI'RATI'~T Executive Director Administrative Assistant Administrative Manager Fiscal Coordinator Accounts Receivable Clerk A~sistant Accounts Receivable Clerk Resident Manager Assistant Resident Manager Occupanc.v Coordinator Receptionist Typist Sccr~a~ Total Adminb;trafive Salaries 69,425 26.165 38.658 32,860 19,573 15,702 33,478 20,552 27,542 14,605 20.552 319,1..12 1997-1998 68,865 23.656 35,755 28,253 19,574 15,335 33.477 20.551 26.190 13.888 20.552 306 09(~ Contract Scr,,ic~: Accounting Audit l.egal General Consulting Sm'ices Contracts C~ual .ty lmurance: Vehicle Fidelity Fire and Windstorm Public l.iability & Officers & Directors Worker's Compa~sation General Ad minist ratb,'e: Subscriptions Dues Tra~'el Collection l.osses Training PILOT Postage Total Contract Sen'ices Total CasualD' lmuranee 2,000 13,000 16,000 5.000 14.000 16.000 4.000 94,000 44,000 30,000 88,ooo 2,000 2,000 12,000 2,000 5,000 6,000 7,000 1998-1999 1,000 12,000 16.000 5.000 14.000 16,000 4.000 82.000 46,000 32, 1.80,000 2,000 2.000 12,000 2,000 5.000 6,000 6,000 199%1998 ()fficc Supptic.'s Miscellaneous Fringe Bencfits FICA Uncmployrncnl Retircment tt~lth Insurance Overtime Otho' Total General Administrative Total Administrative MAINTENANCE S~daries: Maintenance Manger 5 x Maintenance Technicians 8 x Maintenance l.aborers I x part-time Janitorial 3% I nerea~e Total Salaries Contract.n: Appliances Electric Equipment Total Maintenan~ Contracts Supplies & Materials: Appliance Parts Paint & Chemicals Electrical Parts Equipment Parts Fuel Plumbing Parts General Materials Total Supplies and MateriaLs C~pital Fzluipment*: Kitchen Appliances omc¢ Equipment Maintenance Equipment O~her Equipment Total Capital Fxluipment * ,See Attachment A Total Maintenance 8.000 5.000 49,165 2,250 100,000 73,000 3,000 ,~ 1,000 _277,415 ...834,527 36,909 107,330 137,589 8,705 290,533 1,000 1.000 10.000 25,000 35,000 I5,000 20,000 14.000 28,000 40,000 35,000 5,000 5,557 .... 45,557 25,ooo 8,000 5.000 49.400 2.000 100.000 63,700 3.0O0 1.000 34.128 101247 144.222 9.00O 8.658 297.255 1,000 1.000 I0,000 ., 12,o0o 23.0ff0 40,000 14.000 16,000 14,000 30,000 40,000 · 177,000 35.000 4,619 11,800 99,000 !50,419 636,674 SECURITY Salaries 2 x Security Officcrs Contra~ts: UTILITIES Electric Garbage Disposal Water/Sewer Telephone 3% I ncre~,e l'omJ Security Total Utilities DEBT SERVICE Bond Retirement: Seri~ "A' Series "g" Series "C" Series "D" I~nd lntercst: Series "A" Series Series "C" Series "D" Total Debt .Service RESERVF~q Regular Insurance 251.496 -O- Total Reservm Total Operational Expenses 1998-1999 33,011 6.500 25,000 36,000 3.000 15.000 28.000 33,000 58,000 26.000 2,050 4,200 9.990 7.250 J6.8,400 .251,496 1,898,114 32.832 985 6,500 40,317 25.04/0 31,000 3.000 17.00O _7.6,000 28.000 33.000 57.000 25.000 2.330 4.530 10,560 7.500 167,9ZQ ..95 i,496 1,973,609 App~:ances: Stoves Attachment A Reqaeated Capital Equipment # 50 Refrigerators Off~:e Fxluipment: Misc. Fumiturc, Cq_mputcr & ~yp,v.~Titcr 50 TOTAL Maintenance F4uipment: Mira. Tools for shop TOTAL ** Out of R~c~'cs: $35,000.00 TOTAL GRAND TOTAL $_ 17,500.00 $_17,500.00 $ $ 35,000.00'* ';3 5.000.00 $ 5.557.00 $ 5,557.00 $ _ 47,557.00 SPECIAL DISTRICT REPORTING Section 189.416, Florida Statutes, requires that each spec:iai c[ist~ct in the state designate a registered office and a registered agent and I1]e this information with the Department of Community Affairs and the local governing authority, Col~er County Board of County Commissioners. Any changes in registered agent and registered office must be reported to lhe above named agencies. In the space beJow, please provide the correct name arid address of yoi. u'-cun'ent registered agent: DISTRICT NAME ; REGISTERED AGENT Collier County Hous/ns Auc~orlCy Fred N. Thomas, Jr. lBO0 Far~ ~orker ~ay REGZSTERED OFFICE In addJlion, pJease provide Ihe Ielephone number or' your registered agent: PHONE NU.MBER (q41~7-!~4q Indicate your district's status (dependent or independent) by marking a.n X in the ap~oropriate space. (See Section 189.403, Rorfda Slatules, for del~nJlions.} DEPENDENT INDEPENDENT X Il the actuaJ location of your speciaJ dJstdct office Js different l'rom that of your registered agent, provide the district's business address in the space below: Please return this form, Io the address below: CoJlier County Courthouse 3301 Tamiami Trail East Finance Department, Bldg. F 4m Floor Naples, Florida 33962 COLLIER COUNTY HOUSING AUTHORITY SCHEDULE OF BOARD MEETING J 998-1999 August 25, 1998 (annual) November 24, i 998 February 23, 1999 May 25. 1999 August 24. 1999 (annual) Novcmbcr 23. 1999 DESCRIPTION OF OUTSTANDING BONDS We have previous bond sales during the period 1972 to 1983 and in 1990 with outstanding debts. The balances as of September 30. 1997 are as follows: 1972 Bond "A" $ 233.000 1976 Bond "B" $ 453.000 1981 Bond "C" $1.056.000 1990 Bond "D" $ 750.000 Total 52.492.000 l'uhlic F':,¢ilitics Report Collier County Housing Authority 'A T A GLANCE" 4 GENERAL: Farm Worker Village a Five Hundred Seventy-One (571) unit community for domestic farm laborers was built in four (4) sections. Section "A" has 150 units, opened in 1974 Section "B" has 126 units, opened in 1978 Section "C" has 250 units, opened in 1983 Section "D" has 50 units, opened in 1991 Collier Village has 30 units, opened in 1991 These 30 units are part of the Collier Village PUD in which the Collier County Housing Authority partnered with the Collier County Concerned Citizens, Inc. to develop a 40-acre parcel of land on South 5th Street, donated by the Barron Collier Company, utilizing a Community Development Block Grant to develop water management, streets, sidewalks and underground'utilities. The Collier County Housing Authority guaranteed this grant by building the 30 units in less time than it took to build the infrastructure. All of the units are the same basic design with the one (I) bedroom unit built in four- plexes, two (2) bedroom units built in duplexes and three (3) and four (4) bedro'~)m units are single family dwellings. This configuration yields: 66 = 1 bedroom units 198 = 2 bedroom units 172 = 3 bedroom units 135 = 4 bedroom units The racial make-up of the residents are: 63% Hispanic; 33% Haitian; 3% American Black and 1% Caucasian. RENTS' One (1) bedroom unit Two (2) bedroom unit Three (3) bedroom unit Four (4) bedroom unit $47.00 per week $53.00 per week $59.00 per week $64.00 per week These rents were made possible by grants and a Iow interest loan from Rural Development, formerly Farmers Home Administration. SUPPORTIVE SERVICES: Three (3) Day Care Centers, one in each section (except D) operated by Redlands Christian Migrant Association. · One (1) Health Clinic operated by Marion E. Fether Medical Center. · Two (2) postal service areas. · One (1) convenient store and laundromat. · Education building housing a GED Program, Homework Club Alternative School for pre-expulsion students. and an ELIGIBILITY: To be eligible to live in Farm Worker Village, the head of the household "must be a domestic farm labor earning a substantial portion of his or her income from domestic farm labor." Specifically, the head of the household must be a citizen or a permanent resident earning at least $2,700 in domestic farm labor. OTHER SERVICES: The Housing Authority in cooperation with the US Department of Housing & Urban Development (HUD) also administers a Section 8 Housing Program that provides 361 certificates of rental assistance to very Iow-income families in Collier County. As of 31 March 1998 MEMORANDUM Misc. Correspondence Agenda Date Agenda Item TO: Sue Filson, Administrative Assistant Board of County Commissioners FROM: Derek Johnssen, General Accounting Manager Clerk of the Circuit Court/Finance Department DATE: July 22, 1998 RE: Miscellaneous Correspondence- BCC Agenda Please place the following items on the next available BCC agenda and call me at extension 8350 with the date and Miscellaneous Correspondence agenda item number. ,Key Marco Community Development District Pursuant to Florida Statutes Chapters 189 and 190, the Naples Heritage Community Development District has submitted the following: (a) Minutes of Meeting held August 19, 1997 Thank You. Gart/L. Mot/er, P.A. l.md l)et'dopmcn~ ~'~ 10300 Northwest Elet'enth Manor Coral Springs. Florida 33071 (954) 753-0380 June 24, 1998 Memorandum 'Fo: Robert Fernandez County Manager c/o Collier County Governmental Center 3301 East Tamiami Trail Administrative Bldg, Second Floor Naples, FL 34112 Timothy J. Gillett Clerk of the Circuit Court Finance Dept. 2671 Airport Road, Court Plaza III P.O. Box 413016 Naples, Florida 34112-3016 James Reinders Ronto Developments 3185 Horseshoe Drive South Naples, FL 34104 M arty Redovan Schultz, Chaipel & Company 4575 Via Royale Suite 110 Ft. Myers, FL 33919 From: Gao.' L. Moyer, Manager Reference Minutes of meeting held August 19, 1997 Enclosed for your records is a copy of the minutes of the meeting of the Board of Supervisors of the Key Marco Community Development District held as referenced above. GLM/ir Enc. MLNUTES OF MECrING KEY MARCO CO~IUNITY DEVELOPMENT DISTRI~ The regular meeting of the Board of Supervisors of the Key Marco Community Development District was held Tuesday, August 19, 1997 at 10:00 A.M. in the offices of Key Marco Developments, 277 N. Collier Boulevard, Marco Island, Flor/da. Present and constituting a quorum were: James Reinders Des L. Farrell Thomas Owen Mark Taylor Also present were: Chairman Vice Chairman Supervisor Supervisor James P. Ward District Staff(via telephone) Bruce Anderson Young, Van Assenderp, et al FIRSt ORDER OF BUSINF_,,_gS Roll Call Mr. Ward called the meeting to order at 10:08 A.M. and stated that all Supervisors are present w/th the exception of Mr. Harris. SECOND ORDER OF BUSh-N~ES8 Oath of Office for James Reinders and Raymond Harris Mr. Ward stated we noted in the record that after the last election, neither Mr. Reinders nor Mr. Harr/s actually took the oath of office but you actually took action at the last Board meeting. I am going to swear you in and then I will ask you to ratify all of the actions you took at the June 9 meeting subsequent to your taking your office today. Mr. Ward being a notary of the State of Florida administered the oath of office to Mr. Reinders which will be made a part of the official District records. THIRD ORDER OF BUSINESS Ratification of Actions Taken at the June 9, 1997 Meeting [On MOTION by Mr. Reinders seconded by Mr. FarrellI [with all in favor the actions taken at the last meeting[ Iwere ratified. August 19, 1997 FOCI ORDER OF BUSLN'ESS Approval of the Minutes of the July 30, 1996, August 19, 1996 and June 9, 1997 Meetings Mr. Ward stated each Board member had received a copy o£ the minutes of the July 30, 1996, August 19, 1996 and June 9, 1997 meetings and requested any additions, corrections or deletions. Mr. Owens stated in the June 9 minutes on page 5, above thc motion it says the day before. On the first page of the July 30 minutes, my name is misspelled, leaving off the "s". Mr. Reinders stated it says "Mr. Ward stated I suggest August 18 at 10:00 A.M." and then the motion is for August 19. lion MOTION by Mr. Farrell seconded by Mr. Owens withl{ [all in favor the minutes of the July 30, 1996, August ]1996 and June 9, 1997 meetings were approved !amended. . ........ FIFTII ORDER OF BUS~ Public Hearing on the Adoption of the Budget for Fiscal Year 1997/98 and Levy' of Non Ad Valorem Assessments Mr. Ward stated the only significant change, and we had a discussion about this at your last meeting, is in your General Fund on page 1. That was to reduce thc carW forward to zero and to raise the assessment levy by the amount of the carry forward to $82,467. That increases thc assessment per unit to $615.43. Thc purpose of that change was that 44 of tile lots in Key Marco did not pay their assessments either for operations or debt service for this year. Those lots went into a tax sale certificate mode and thc certificates were sold. We did receive thc cash but we don't know what will happen in Fiscal Year 1998. I recommended to the Board that you keep that cash available for usc in operations during fiscal year 1998 until we have some conclusion with respect to these lots that remain in a delinquent phase at this point on thc tax roll. Page 2 shows you an income statement for your General Fund as to where you are year to date, the projected versus your proposed budget for 1998 and the percentage changes that relates to it. Pages 3 through 7 are related to the Debt Service Fund Budget for Fiscal Year 1998. Again, on page 3 that is the income statement for the Debt Service Fund. In Key Marco the Debt Service Fund accounts for the special assessment that you levy with respect to your Series 1991 bonds and the interest income and the amount of prepayments that you have received and the standard amortization for both principal and interest. It is important to note that if you look as o£ April 30, August 19, 1997 1997, we had very little on account of the assessment levy that was actually collected and most of it was actually collected subsequent to April 30. As I said earlier we did receive the 44 lots through a tax certificate sale in the month of June. As it relates to this project we have received $200,000 in principal prepayments, none of which had been actually made. About $100,000 of it has been made year to date, the other $100 ,000 will be made on the next succeeding interest pa~n~nent date for the Key Marco deal. On page 7 that provides you the debt service schedule for your Key Marco Series 1992 bonds at the interest rate that is associated with those bonds. Mr. Farrell asked what is that number? Mr. Ward responded if you go to the columns to the right, four over, it says remaining principal, you have a payment on 12/1/97 of $335,000 plus interest of' S591,156.25 and then on 6/1/98 you will have a $577,500 payment.. Moving backwards on page 6 you will see the same numbers that I j,,,;t referenced for you as the principal debt retirement on 12/1/97 and the interest expense due on 12/1/97 and June, 1998 and then the fees associated with the collection of this debt service by the Tax Collector/Property Appraiser and revenue reserve. Moving backwards again to page 5, it shows you the operation ofyour reserve account that relates to this bond issue. This is the interest income that you will earn and the'amount of interest income that we anticipate earning on the balance of the bank accounts associated ~v~ith your Series 1991 bonds. To sum it up on page 4, it shows you the assessment levy, interest income, the debt service payments, how much we will make in principal prepayments for next year and the other fees and charges. associated with this series of bonds. Mr. Farrell asked is the principal prepayments the $200,000 that we got from the sale of two lots? Mr. Ward responded someone must have purchased a lot and decided to prepay or pay off their complete special assessment at the amount of money we received for doing that. Mr. Fan-ell stated once they do that then that reduces the number of units that are carried over. Mr. Ward stated yes, for debt service. Mr. Farrell asked what is the final assessment per unit for fiscal year 19987 Mr. Ward responded it will be S615.43 for operations and $11,406.11 per unit for debt service. Mr. Anderson asked are you following the same methodology for the operation and maintenance special assessment that was approved by the District engineer last year at this time? Mr. Ward responded yes. Mr. Reinders stated the public hearing is now open. There are no members of the public present. ti On MOTION by Mr. Owens seconded by Mr. Farrell withl] llall in favor the public hearing was closed. liOn MOTION by Mr. owens seconded by Mr. Farre]l withll lall in favor Resolution 97-3 adopting the budget for fiscalll lyear 1997/98 was adopted. l 'On MOTION by Mr. Owens seconded by Mr. Taylor withl[ all in favor Resolution 97-5 levying the non ad valoremI] assessments was adopted. SIXTH ORDER OF BUSINE~ S~nffReports A. Attorney There not being any, the next item followed. B. Engineer There not being any, the next item followed. C. Manager There not being any, the next item followed. SEVEN~ ORDER OF BUSINW, SS There not being any, Supervisor's Requests and Audience Comments liOn MOTION by Mr. Farrell seconded by Mr. Owens with[[ [all in favor the meeting adjourned at 10:30 A.M. Des Farrell Vice Chairman James Reinders/ Chairman Tuesday August 19, 1997 10:00 A.M. 1. Roll Call 2. 3. 4. o AGENDA KEY MARCO CO5EVIUNITY DEVELOPMENT DISTRICT Key Marco Developments 277 N. Collier Boulevard Marco Island, Florida Oath of Office for James Reinders and Raymond Harris Ratification of Actions Taken at the June 9, 1997 Meeting Approval of the Minutes of the July 30, 1996, August 13, 1996 and June 9, 1997 Meetings Public Hearing on the Adoption of the Budget for Fiscal Year 1997-98 and Le~2z of Non Ad Valorem Assessments Staff Reports A. Attorney B. Engineer C. Manager Supervisor's Requests and Audience Comments Adjournment t~aptes Daily lfews Affidavit of PubLication FdapLes Daily ~EY MA,~CO ~,IA ~SL IDlY 103CX) ,'J 11?M CO~AL S~;~.[~IGS FL ~EFE~E~CE: G2~ 5C,6 57545823 IK~T,C. CF P~JELIC HEA State of Florida County cf Collier ~efore the L~dersigned authority, personally apoearecl ~. LamP, ~ho on oath says that she serves as the Assistant Corporate Secretary of the NaoLes Daily Flews, a da~L/ newspaper ~:z~o~isned at ~apLes, Jn Collier Ccunt%, FLorida: that t~e atta~ c:~y of t~e ~vertJsJ~ ~as ~blJsh~ ~ n~s~per cn dates Affiant further says that the said NapLes DaiLy ~s is a n~s~per ~bLish~ at NapLes, in safd Collier C~nt7, FLorida, a~ that the said n~s~per has heretofore been pubL(sh~ in said Collier C~nty, FLorida, each da7 a~ has been entered as seco~ class ~tter at the ~st office (n ,apLes, in sa(d Collier C~nt7, FLorida, for a peri~ of 1 year next prec~i~ the ~(rst ~bL(cat(~ of the attach~ copy of advertisement; a~ af~(ant further says that she ~s neither paid ~r proa(s~ an7 person, firm or cc~rat(~ any distant, rebate, co~(ssion or refu~ for the put.se of securing this advertisement for ~bLicatt~ in the said news~per. AD SPACE: FZLED Ot~: 08/08/97 I .,'..~, \ S~nature of Air,ant Sworn to a~d Subscribed before me this %~' day of-' ' ~ ~'~. 16G -- NOT~'J~ OF PUBLIC HEARJtIG KEY MARCO COMJ~UNITY DEVELOPMENT DISTRICT The i~x~rd of Suoervlsors of the Key ,Varco Community Development Distrid ~11 hold a m.~i¢ beefing on Tuesda,/, Au. gust 17cI~' ~t 10:00 A, AL ot the offices o~ Ronto Deve~ment ~co, 277 N. Collier 8oulevord, /~rco hJend, Florida for .the tlenS on t~e ~ of t~e I~ud~e~$) Tor ol~ml~ end rnain~enance of Dj..~id ? dlifle~ for ~ ye3' 1~. In ~x3mo~ me I~x3'd will beer Ix~ic r.x~nme~t (md obJK- Ibm relive to th~ few of a ne~ ad va~.' em ~ment pu~tx3nt to Fieri~ L~w for' fie purpo~ of funding op~'~ons ond. molnt~n~nce axl pdnd~ end interest ex-~ ndnSet~ ff~ DlCrld. The Dlslrlct m~y of ceftin rCesr fees. o~ .cho~...~s'whlc~. ore i~entifled w~'f~n me ota~ve~5). A COPY Of the I~aef(s) rn~y be c~f~ined ct the of-. riCeS Of Ronto Development ,~crco, 277 ~t the office of t~e Max_J~-r_/.10~..N.W. 11 property come before if. ~ere racy ~e ocr~:~oAs when o~e or~ more 5~;pervbors ~li lx~"~dl:x~e by fete.- phene. Al me crave ~ there will be pret~-~At o r¢&,ctcer tele~Sc,~ ~ ~ ~ in- rne crave ~ ond be fully Informed of fhe Cscussio~s Icklng pkx:e either In per. son or by ~e~ communkot~o~ Eoch per~on w~o deddes to o~e~l eny decision mode Dy the E~d w~n re. ~ record ~ the proceedings end thct occordinglY, the 1~3an m~ need to eh. ~re ~ o vedcx3fim record of the pro- ceeding$ I$ mode, including the te~mom/ ~d evidence u~on which such c~eal is to be lx~"d, 6o"'t b ,V~yer August 1, ~ H0. 10,~5702 19' Oath of Office I, Raymond Harris, a resident of the State of Florida and citizen of the United States of America, and being a Supervisor of the Key Marco Community Development District and a recipient of public funds on behalf of the District, do hereby solemnly swear or affirm that I will support the Constitution of the United States and of the State of Florida, and will falthfully, honestly and impartially discharge the duties devolving upon me in the office of Supervisor of the Key Marco Community Development District, Collier County, Florida. Raymdnd Harris Date Oath of0ffiCe~ I, James Reinders, a resident of the State of Florida and citizen of the United States of America, and being a SuperVisor~°f the Key Marco Community Development District and a recipient of public funds on behalf of the District, do hereby solemrfly swear or affirm that I will support the Constitution of the United States and of the State of Florida, and will faithfully, honestly and impartially discharge the duties devolving upon me in the office of Supervisor of the Key Marco Community Development District, Collier county, Florida. J~me~Reinders/ Date RESOLUTION97-3, A RESOLUTION OF THE BOARD OF SUPERVISORS OF ~ KEY MARCO COMM-UN1TY DEVELOPMENT DISTRICT RATIFYING AND APPROVING ALL BOARD ACTION TAKEN AT A DULY' ADVERTISED MEETING OF THE BOARD OF SUPERVISORS ON JUNE 9, 1997 16G WHEREAS, the Key Marco Community Development District herea~er referred to as District in accordance with the provisions of chapter 190 Florida Statutes did hold its landowners meeting on November 5, 1996 and did elect three members to the Board of Supervisors; and WHEREAS, said Board did hold a subsequent meeting on June 9, 1997 but were not admjrListered the oath of office and did proceed to conduct the business of the District. NOW, TtIEREFORE, BE IT RESOLVED BY THE LANDOWNERS AND BOARD OF SUPERVISORS OF THE KEY MARCO COM_~UNITY DEVELOPMENT DISTRICT; Secretary Chairman RF~OL~ON 97-4 A RESOLUTION ADOPTh-NG THE FINAL BUDGET OF THE KEY I'vlA.RCO COMMUNITY DEVELOPMENT DISTRIC~ FOR FISCAL ~ 1997-98 Whereas, the District Manager has her~o£ore prepared and submitted to the Board, for approval, the District,'s propOsed Budget for the ensuing fiscal year; and .~ WHEREAS, a public hearing has been held on this 19th day of August, 1D97, at which members of the general public were accorded the opportunity to speak pr/or to the adoption of the final budget; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE KEY MARCO COMMUNITY DEVELOP~ DISTRI~; Ga-r-'~ L. Moyer----- Secretary 1. The proposed Budget heretofore submitted to and approved by the Board is hereby adopted as the final Budget of the District for Fiscal Year 1997-98. 2. A verified copy of said final Budget shall be attached as an exhibit to this Resolution in the District's "Official Record of Proceedings". Adopted this 19th day of August, 1997. ~'~ ~'~ + ~LUTION 97-5' LEVYING A NON AD VALORF~I ASSESSMENT~ FOR DEBT SERVICE AND OPERATION AND MAINTENANCE WITHIN THE KEY MARCO COMMUNITY DEVELOPMENT DISTRICT FOR PERIOD OCTOB~ 1, 1997 THROUGH ~ER 30, 1998 i' . WHEREAS, certain improvements existing within the Key Marco Community Development District and certain costs of operation, repairs, and maintenance are being incurred; and WHEREAS, the Board of Supervisors.oi'.the Key Marco Community Development District finds that the costs of'operation, repairs and maintenance of the District during 1997-98 will amount to $ ; and WHEREAS, during 1997-98, the Key Marco Community Development District will be required to levy approximately $ for debt service on the District's Series 1991 Special AssesSment Revenue Bonds ['or those facilities constructed to serve property within the District; and WHEREAS, the Board o£ Supervisors of the Key Marco Community Development District finds there are 134 assessble units for operations and maintenance within the District; and WHEREAS, the Board of Supervisors o£ the Key Marco Community Development District finds, based upon the report o£ the District Engineer, that the assessments on the affected parcels of property to pay for the special and peculiar benefits is £airly and reasonably apportioned in proportion to the benefits received as set forth in the attached Exhibit A; WHEREAS, that the debt service assessment shall be levied upon each tract or parcel of land within the District based upon the District's previously adopted Special Assessment Methodology, prepared by Fishkind & Associates and dated (as amended); NOW, ~ORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE KEY MARCO C O,~Uz2qY/'Y DEVELOPMENT DISTRICT; Section 1. A non ad valorem assessmen[, as provided for in Chapters 190 and 197 Florida Statutes, (hereinafter referred to as assessment) is hereby levied on the lands within the District. Section 2. That the collection and enforcement of the aforesaid assessment shall be at the same time and in like manner as Collier County taxes. All assessments shall be subject to the same discounts as Collier County taxes. Section 3. That the said assessment levy, and the lists of lands included in the District are hereby certified to the Collier County Appraiser on Exhibit "A" attached hereto, to be extended on the County Tax Roll and shall be collected by the Collier County Tax Collector in the same manner and time as Collier County taxes. The proceeds therefrom shall be paid to the Port of the Island Community Improvement District. BE IT FURTHER RESOLVED, that a copy of this Resolution be transmitted to the proper public officials so that its purpose and effect may be carried out in accordance with law. PASSED AND ADOPTED, this 19th day of August, 1997 by the Board of Supervisors of the Key Marco Community Development District, Collier County, Florida. Secretary STATE OF FLORIDA COUNTY OF COLLIER SS.; BEFORE ME, personally appeared James Reinders and Gary L. Meyer to me known and known to me to be the individuals described in and who executed the foregoing Resolution as Chairman and Secretary respectively of the Key Marco Community Development District and acknowledged to and before me that they executed such instrument and that the seal affixed is the corporate seal of said Key Marco Community Development District and that it as affixed to said instrument by due and regulatory authority. WITNESS my hand and official seal in the County and State last aforesaid this 19th day of August, 1997. /~ ,./ , . Donna'Holiday / Notary Public 2 ' ',.4',' C'OM '~';':~:!O.'q F~'KP. NOV. 24.19~ FORM "'OU NTY,., 14.NI .%A%11 I I~.%l 8B MEMORANDUM OF VOTING MUNIO[PAL, AND OTHER LOOAL ,i, lll)l~l I ,%^~,II- To,clot Mark Srevhen klAll.l.%(; 1965 River Reach Dr., a229 CI4'f _ Naples, FL 3410~ Collier 1 6~ CONFLICT FOR PUBLIO OFFICERS Key Marco Community Wlll~ 1 SEXY[ ~ A U~O~ O CIT"r O COUNTY I~^M E OF I'glJTIC^I. MY I'O~ITION ?: ii.[CT'I'VE O APPOINTIVE WHO MUST FILE FORM 8B This form is fcc use by any p-.rson serving a: the ccua:y, city, or ocher local Iv,el of government on an appointed or elec:ed'o~ard, council, commission, au¢'.ori:y, or commie:e: h applies equally to members or advisory and non-advisoo, bodies who are presented ~,'ith a voting conrlic: of inter:st under Section 112.3143, Florida Statutes. Your responsibilities under the la.~, when faced wkh a measure in which you have a donfiict of interest will vary greatly depending on who:her you hold an elective or appointive position. For this re.on, please pay close attention to the instructions on this form before com,.,I.,:,,, t~.: rz~erse sid: and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION t'12.3'~43, FLORIDA STATUTES ELECTED OFFICERS: A person holding elective county, municipal, or ocher local public office blUST ABSTAIN from voting on a measur: which inures co his special private gain. Each Iota[ officer also is prohibi:ed from knowingly voting on a measure which inures to :he special gain of a principal (other than a government ag:nv:') by whom he is rccained. In either c,.~ you should disclose th-. confiic:: PRIOR TO THE VOTE BEING TAKEN by ~ublicly stating co the ass:mbly :he aa:ur: of >'our lace:es: in :he mezsur', oa which, you are abstaining from voting: WITH IN !.~ DA::'S Ar--TEK THE VOTE OCCURS by tempi:cia; and fllL".~. :kb form with :he ;,eno;-. respon.,ib!e For r::ordir, g ,':':,: r:,:!nut:s cf :he meeting, who should inrcrpc,-a:: ch: form in th: minutes. APPOINTED OFFICERS: A p. erso,":, holding ap;oiari',,e county, municip, al. or o~:r local public office MUST ABSTAIN from voting or', a measure which inures '.o his s~eciaI ~riva~e gain. Each local officer also is prohibkcd from knowingly voting on a measure which inures to sp~ial gain cf a p~nci;al (ocher than a g:v:rnment a.~eno..') by whom he is r:taine.... A persoz holdir, g an a;,coiafive local cf:ice cthe,"wis: ma}' participate in a ma:t.-r in which he has a conflict of inter:s:, but muse ~isclose :he aa.'ure of the con,qio' ~efor: making aa'..' attem,v.t to influence ch-. decision ?.y oral or written communication, who:her made by eh.- officer or at his direction. IF' YOU INTEND TO MAKE ANY AT-I'E,",IPT TO INFLUENCE THC DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: · %u should comp. ieee a.",d f'iie ,':".is Form 0'.efore making any at[emp[ to influence th." decision) with the ?..erson responsib!e For reccrdi:'..g the minutes cf the meeting, who ,,'iE incorporate the form in thc minutes. · A c:;>' et :he form should be provided imme".ia::ly ~o the o~her members of the · The form should be r:ag 2. ubiicly at ::ne me:tin; ;rio,' lo consideration Or the matter in which you ha,,: a c:n:'lic: cz' inter:s:. IF YOU .... ' ' . ~A~,:'~O..' ATTEMPT TO~,,rLU:NC_- THE DECISION ExcEPTBY DISCUSSION AT THE.. · You should complc:: [he form and file il within 15 days ~ftcr thc vote ~r~ wit~ [he pcr~on r~ponsiblc for rccording thc mlnut:s of ~hc mc:fin;, who should incor~r~tc ~hc form i~ thc minutes. .... 1, Hark S. Ta','lar inured to th: s~cc~aI gain or Develo:~r DI$CLOSURZ- OF LOCAL OFFICEr'S INTEREST n-.r::ydiscIosethat on co ......u.n~ conflicc . 19 9~3 : , by whom I am r::ained. Ccns:ructlcn of infras~ruc:ure Improvements by Dis=tlc:, see Co~ission on £~hics Opinion 87-66 Si~atur. NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES ~112.317 (DS,D, A E6.1LURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OF, MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION. REDUCTION IN SALARY. REPRIMAND. OR A CIVIL PENALTY NOT TO EXCEED MEMORANDUM Misc. Correspondence Agenda Date~ Agenda Item # TO: FROM: DATE: RE: Sue Filson, Administrative Assistant Board of County Commissioners Derek Johnssen, General Accounting Manager/,,¢~ Clerk of the Circuit Court/Finance Department .Ct,'//./ July 22, 1998 Miscellaneous Correspondence - BCC Agenda Please place the following items on the next available BCC agenda and call me at extension 8350 with the date and Miscellaneous Correspondence agenda item number. Naples Heritage Community Development District Pursuant to Florida Statutes Chapters 189 and 190, the Naples Heritage Community Development District has submitted the following: (a) Minutes ol' Meeting held March 23, 1998 (b) Minutes of Meeting held July 28, 1997 Thank You. Gar9 L. Moger, Development ~ .M,ma~4emenl Consullanl 1 6G ,aq .June 30,1998 Memorandum To: Re£erence: From: 10t00 Norll~wcsl Iilct'en~h ,Manor Cor, fi Sprin,qs. I'lorida ~3071 (')54) 753-0380 Clerk of the Circuit Court Finance Department c/o TimothyJ. Gillett ;: ' ~ 2671 Airport Road, Court Plaza III P.O. Box 413016 Naples, Florida 34112-3016 Mr. Robert Fernandez Collier County Manager Governmental Center. 3301 East Tamiami Trail . Administrative Bldg, Second Floor Naples, Florida 34112 Bruce Anderson, Esq.. Young, van Asscnderp, Varnadoc & Benton, P.A. 801 I.aurc] Oak Drive Suite 300 Naples, Florida 34108 Minutes of Meeting held July 28, 1997 Gary I,. Moyer Manager Enclosed for your records are copies of the minutes of the meeting held by the Board of Supervisors of Naples Heritage Community Development District as referenced above. G I,M/n k ML'qUTES OF I~E'rrING NAPI,ES HERrrAGE COI~'IUNITY DEVELOPMENT DISTRICT The regular meeting of the Board. of Supervisors of the Naples Heritage Community Development District was held on Monday, July 28, 1997 at 10:30 A.M. at Young, Van Assenderp & Varnadoe, 801 Laurel Oak Drive, Suite 300, Naples, Florida. Present and constituting a quorum were: Peter Comeau Raymond Miller John F. Stanley Alan Burns ,John Agnelli Chairman Supervisor (By telephone) Supervisor Supervisor Supervisor Also present were: James P. Ward Bruce Anderson Bill McAnly District Staff Attorney Engineer FIRST ORDER OF BUSEWF, SS Roll Call Mr. Ward called the meeting to order at 10:40 A.M. and stated that all members of the Board were present including Supervisor Miller who was present by telephone. SECOND ORDER OF BUSINKSS Approval of the Minutes of the June 23, Mr. Ward stated you have previously received a copy of the minutes of the June 23, 1997 meeting. If there are any corrections, additions or deletions, it would be appropriate at this time to so indicate, otherwise, a motion for their approval would be in order. IOn MOTION by Mr. Agnelli seconded by Mr. Comeau with all in favor the Minutes of the June 23, 1997 meeting were approved. , , ,, July 28, 1997 THTRD ORDER OF BUSLN~ ho Public Hearings Adoption of Resolutions 97-23 Ratifying, Confirming and Memorializing an Amendment to Resolution 97-15 Made by Oral Motion on December 9, 1996 Relating to the Imposition and Collection of Special Assessments Pledged to $16,430,000 Capital Improvement Revenue Bonds Series 1996 Mr. Ward stated under item 3 on your agenda there arc two public hearings. The first is relative to the adoption of Resolution 97-23 and this is a Resolution that ratifies and confirms an oral motion that you made to Resolution 97-15 relative to your Series 1996 Special Assessment Bonds. If you look in Section 2 of the Resolution itself, that is the oral motion that you made at your December 9, 1996 meeting. What Underwriters and your Bond Counsel had requested us to do is to go back and renotice all of the affected parties which essentially in this instance was only U.S. Home which we did do and to advertise this as a public hearing for the Board's consideration and ratification of that previous ora! motion. With that, if you have any questions, I will be glad to answer then,, otherwise, the Resolution is recommended for your consideration. On MOTION by Mr. Stanley seconded by Mr. Agnelli with all in favor Resolution 97-23, A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE NAPLES HERITAGE COMMUNITY DEVELOPMENT DISTRICT RATIFYING, CONFIRMING AND MEMORIALIZING AN AMENDMENT TO RESOLUTION NO. 97-15 MADE BY ORAL MOTION ON DECEMBER 9, 1996 RELATING TO THE IMPOSITION AND COLLECTION OF SPECIAL ASSESSMENTS PLEDGED TO $16,430,000 NAPLES HERITAGE COMMUNITY DEVELOPMENT DISTRICT (COLLIER COUNTY, FLORIDA) CAPITAL IMPROVEMENT REVENUE BONDS SERIES 1996 was adopted. Bo Adoption of the Budget for Fiscal Year 1997-98 and Consideration of Developer Funding Agreement Mr. Ward stated the second public hearing is related to the adoption of your Budget for Fiscal Year 1997-1998 and to consider the Developer Funding Agreement for this particular project. I will take a few minutes to go through with you the rewisions that have taken place with respect to this Budget since you last saw this Budget. If you go to page 1 of the documents that I passed out to you, 2 July 28, 1997 that is your General Fund Budget. The General Fund accounts for the administrative operations of the District itself. There have been no changes to this Budget. It is contemplated and I think this is for some Board discussion that we would not utilize the services of the Prope..rty Appraiser or Tax Collector for Fiscal Year 1998 but will just do it as a Developer Agreement with U.S. Home. It might be appropriate for you to consider that in the following year, the Property Appraiser and Tax Collector fees are roughly 15% of the amount that you levy and the Revenue Reserve runs another 4% so you would essentially increase your Budget by 9% if you choose to do that. The Debt Service Fund Budget, on pages 2 through the balance of this Budget, relates to your Series 19913 Bond and I am going to go through this from back to front because I think that will make it easier. On page 7 is the schedule that had been provided to us by U.S. Home relative to their projected sales that are occurring within Naples Heritage on a quarterly basis. This is important in this particular bond issue because U.S. Home is prepaying the assessments on these lots as they sell property so it has a direct effect on the amount of assessments that you might intend to levy within Naples Heritage in this fund and the number of units that are sold is important because as they prepay, those moneys are then used to reduce your bond issue. This schedule provides you by product type the number of units that are anticipated to be closed semi-annually and what this tells you is the number of prepayments that will then occur from these prepayments. We used the December 31st and the .June 30th dates because they tie into when those bonds are actually prepaid. From that, ifyou go backwards to page 6, we take the original amount of the outstanding bonds which is $16,430,000.00 and we can project with relative certainty the amount of the prepa>vnents and the interest expense that will accumulate on these bonds after the prepayments occur to show you when those prepa~vnents will be and what the interest expense will be on those bonds by period. Ifyou go back to page 5, that is what I call an Income Statement for your current Fiscal Year. What this tells you is how much you have received in prepayments year to date, how much you have received in bond proceeds, interest income etc., how much you have retired of your existing debt and what you anticipate retiring from your existing debt to know what your cash position is through the end of this Fiscal Year on September 30, 1997. At the bottom of that page, that tells you what we call an analysis of the fund balance and the fund balance in the Debt Service Fund is the amount of cash that you have either put in your Reserve Accounts or that you have put in the ,Jul), 28, 1997 Capitalized Interest Accounts or that you have collected from prepayments or from regular Debt Service for use by the District in paying off these bonds. You will notice that what we call Net Income on this particular schedule, which is $2.6 million, primarily is coming from the Principal Prepayments Revenue section of this Income Statement. The Reserve for Debt Service is the Reserve Account that is in this bond issue, that is required to stay in place through the bond issue. It will be utilized to pay the last principal pa)anent so at some point in time, U.S. Home ssill not need to make a payment from prepayments, they will just use the 81.2 million that is left in the bank account which is the Reserve money sitting in that account. Since your assessments are due on November 1, we have to reserve out the amount that will be due on November 1, 1998 to ensure you have enough cash to make that payment. The Reserve for Future Debt Service in most cases, and specifically in this case, is an additional amount of money that will be coming in through this particular Fiscal Year 1997 and for 1998 but which is not needed for debt sen-ice at this point in time so it is additional cash that is literally sitting in the bank and can be utilized in the future when debt service payments are actually required. In what we call Unappropriated Fund Balance, the 8713,000.00, is the amount of money that will be required to be utilized and if you will go to page 2, you ss'ill see that is the amount of money that we cash carry forward in order to ensure that we have enough money to pay the debt service associated with these bonds for Fiscal Year 1998. On pages 3 and 4, that is an analysis of the income streams that we anticipate we will have from the money we have in the bank accounts, interest income coming in from your Reserve Account and interest income coming in from the other accounts and that is an anticipated income stream that we think will come true for next year. On page 4, you don't have any required principal debt retirement due for next year and for the period ending November 1 1997 and May 1, 1998, we antic/pate $854,000.00 in interest expense coming due for those two per/ods of time, and ifyou go back to page t3, that ties out to the amount of interest expense that we antidpate on those bonds. They don't tie out exactly because of the date issues but that is the amount of interest expense that we anticipate coming due, interest expense that we will have on these bonds taking into consideration the amount of prepayments that will come into the District from U.S. Home during the year. Back on page 2, you will notice both your Revenues and Appropriations in this particular fund are required to balance and that means your Unappropriated Fund Balance, cash available plus your interest income, will equal the amount of Debt Service due on these bonds for · July 28, 1997 Fiscal Year 1998. With that, I don't have any further comments and I will be glad to answer any questions from the Board :~ 3ir. Agnelli stated if you look on page 6, the Principal Prepayment, beginning ~-ith thc one May 1, 1998, they fairly well approximate thc cstimat, cs made on page 7 but thc one for November 1, 1997, you show $3.4 million but thc estimate on page 7 is $2.3 million. Why is there such a big discrepancy? 3ir. Ward replied cash available in the bank. Mr. Agnclli stated that payment o£ ,$3.5 million will be made. Mr. Ward stated that is correct. Are there any other questions from the Board? Mr. Comeau stated a clarification for the Board. Under the existing Budget it is anticipated that there will be zero assessments during this Fiscal Year and it is anticipated that next year the assessment cycle wSll begin. *Ir. Ward stated >'es, that is the recommendation to you. I think that it will be less expensive for you to do it that way this year and then initiate the assessments next year. Mr. Comeau stated U.S. Home is entering into the Funding Agreement and understands there will be no assessments on the roll this year. Mr. Stanley asked why do we have expenses for Computer Services and Rentals and Leases? What are we renting and leasing? I thought that >'our office did everything for us. Mr. Ward replied they are a part of our overall fee structure. Mr. Agnelli stated I have one more question regarding page 6. ri'he amount of the bond was $16,430,000.00. Mr. Ward stated that is correct. Mr. Agnelli stated based on the principal and interest, the regular principal, then U.S. Home is going to come out of pocket. Mr. Ward stated they have come out of pocket for the whole bond issue because the>' have prepaid everything. Mr. Comeau stated another correction I would like to have for the record is that on page 7, the heading should be "Units Closed" instead of Units Sold. I had spoken with Randy White of >'our office. This is a closing schedule as anticipated and based upon projected buildout of the project and that this bond issue could be retired two >'ears early. It is a five-year bond and we anticipate possibly paying it off after three >'ears. 5 16c, "' Jul>' 28, 1997 Mr. Ward stated if you have no more questions relative to the Budget, this is a public hearing and the floor should be opened at this time for public comment and testimony. Mr. Comeau stated we will open the meeting at this time for public comment and testimony. Is there anyone from the public who would like to speak? Seeing none, I would like to have a motion to dose the public hearing. [[On MOTION by ~lr. Agnelli seconded byMr. Burns ,~ithl[ all in favor the public hearing was dosed. Il Mr. Ward stated the second motion is to adopt Resolution 97-24 and give your Attorney and me some leeway to modify some of the sections to eliminate the Maintenance and Benefit Special Assessment sections. It is a motion to adopt your Budget and the appropriate Resolution. I On MOTION by Mr. Agnelli seconded by Mr. Comead}] with all in favor the Final Budget for Fiscal Year 1997-[[ 1998 and corresponding Resolution 97-24 to be Modified[] Appropriately by the Attorney and Manager of the}] District wer.e.....Adopted. . . [1 Mr. Ward stated the third motion would be to approve the Funding Agreement between the Naples Heritage Community Development District and U.S. Home Corporation to fund the General Fund operation of your Budget for Fiscal Year 1998. [[On MOTION by Mr. stanle~ seconded by Mr'. 'Miller with][ all in favor the Funding Agreement with U.S. Homell Corporation to fund the General Fund operation of thel District for Fiscal Year 1998 was approved. . . ]l FOURTH ORDER OF BU~ Staff Reports A. Attorney Mr. Anderson stated I have two items. One is a Community Development District Systems and Facilities Operation and Maintenance Agreement. This is pursuant to the direction that occurred at the last Board of Supervisors meeting for the District to contract with the Homeowners Association. Am I correct that the name of the Homeowners Association is Naples Heritage Golf and Country Club, Inc.? 6 July 28, 1997 Mr. Comeau stated that is correct. Mr. Anderson stated this Agreement provides that the Homeowners Assodation will operate and maintain in compIiance with all applicable statutes and other lawful requirements the roads, the landscaping for the roads, the street lighting, sidewalks, potable water, irrigation water, sanitary sew'er facilities that have not been conveyed to Collier County, the security' for the community including the guardhouses, the water management and drainage systems and all parks and recreational areas including conservation areas. Are there any other areas that the District wishes to have the Homeowners Association operate and maintain that I have not listed? Anything that is not listed will remain the responsibility of the District. We could come back and amend this Agreement if necessary if you decide there is some area of responsibility that we would rather have the Homeowners Association perform. Mr. Comeau stated there are two things. First, I appreciate your putting the Agreement together in timely fashion. Lefts go through it as far as thc permitting and obligations are concerned. As far as water management permits and whatever the case may be, all of those agreements are with Clyde Quimby and all of those permits will be transferred in the near future to the Community Development District. Since the Community DeveIopment District will have the responsibility to carry' out the duties of' the permit, the Homeowners Association can assume administrative and maintenance responsibilities because they contract with the C.D.D. but I want to make sure it is understood that the C.D.D. is not going to be transferring all of these permits to the Homeowners Association. Mr. Anderson stated that is correct. Mr. Comeau stated that is something that is not really clear in the document. Ail street lighting will be maintained by FP&L. Those facilities are not owned by either the C.D.D. or the Homeowners Association. All street lighting is owned by FP&L and are maintained by FP&L. Mr. Anderson stated I will strike the street lighting. Mr. Comeau stated under potable water, irrigation water and sanitary sewer services, potable water and sanitary sewer is all owned and maintained by Collier County. There is no stand-alone water and sewer that would be maintained by the Master Association. ' Mr. McAnly stated by the overall association, no. July 28, 1997 Mr. Comeau stated from the meter on is owned by the individual condominium assodation so the potable water and sanitary sewer do not apply to the Master Assodation. Those are maintained by individual associations. Mr. Anderson asked how about irrigation water? Mr. Comeau replied irrigation water is the same as far as the Master Association is concerned. It does own the golf course and assists in maintaining the irrigation system for the Community Development District but as far as the irrigation on the condominium tracts, those are maintained and owned by the individual condominium associations. The same thing is true with the single family homes. Beyond the main that is provided, the C.D.D. owns the main being provided service to in the single family homes. Every single family homeowner is responsible for the irrigation system. The single family and Homeowners Associations as far as for condominiums or sub-associations maintain their own irrigation systems and are beyond the scope of services being provided by the C.D.D. Mr. Anderson asked are there any irrigation facilities that are owned by the District? Mr. Comeau replied there are, Mr. Anderson stated this only applies to facilities that are owned by the District. If the)' are owned by some other entity, this Agreement does not apply. Security? Mr. Comeau stated that is correct. There are some common areas as far as roads are concerned including landscaping and street lighting. There are common areas I would include that all common areas are owned by the District and that the Homeowners Association would maintain. Mr. Anderson stated I will add that. Under "E", it will read parks, common areas and recreational areas. Mr. Comeau stated that is correct including conservation areas. Mr. Anderson stated the District will pay the Association ten dollars per )'ear to perform the obligations of this A~eement. The Agreement is for a five- year term and it provides for automatic additional one-year renewals. Either party can cancel ninety days in advance of the end of that five-year term. Additionally, the District has the right to cancel the arrangement at any time for any reason by providing ninety days' written notice. The Association is responsible for staffing, budgeting, financing, billing, collecting fees, everything necessary to make sure these serVices are performed in a competent and timely July 28, 1997' fashion. The Association is required to obtain Liability Insurance and name the District as an Additional Insured. The amount of the Liability Insurance will be determined by the District Manager. The Association also agrees to hold harmless, defend and indemnify the District for any claims arising out of the performance of this Agreement and it becomes effective October 1, 1997. Mr. Comeau stated I recommend the Agreement for approval. I On MOTION by Sir. Agnelli seconded by Sir. Stanleyll with all in favor the Community Development District[[ Systems and Facilities Operation and Maintenance] Agreement as amended.was .approved. ........ I] Sir. Anderson stated my other item is the District needs to accept a conveyance of utility facilities. It is a couple of manhole facilities We need to accept those and I need the Board of Supervisors to authorize the conveyance of those to Collier County for ownership and maintenance. They are located in Tract "E3" of Naples Heritage Golf & Country Club, Phase One. Mr. Comeau stated under Phase One, U.S. Home has installed all water and roads and has just completed installing 72-units comprised of six two-story buildings, a small cul-de-sac in which two manholes have been completed. Mr. Ward asked are you going to be repaid for these out of the bond proceeds? Mr. Comeau replied yes, it is included. Sir. Ward stated there should be a motion to approve the conveyance of the facilities and to enter into a note agreement with U.S. Home to repay them for these facilities and then to convey them on to Collier County. On SIOTION by Mr. Agnelli'seconded by Sir'. 5,iiller with all in favor the Conveyance of Two Manholes from U.S. Home Corporation to the District was Accepted and the District was authorized to enter into a Note Agreement with U.S. Home Corporation for Repayment to U.S. Home Corporation and was further authorized to Convey i the Facilities to Collier County, Florida.,, Mr. Anderson stated I have nothing further. July 28, 1997 Mr. McAnly stated I have one thing that Mr. Comeau had asked for at the last meeting and that is the additional cost for the additions to the project. Mr. Comeau stated U.S. Home is going to add 48 additional units and a request was made to ascertain the increment of cost that U.S. Home would be absorbing to add those units. It is a non-C.D.D, expense but it is something I would like to bring to the Board's attention. Mr. MeAnly stated the incremental additional cost is 8100,866.00. Mr. Comeau asked does that include permitting fees? Mr. *IcAnly replied no, it includes water distribution, drainage, paving, clearing, seeding, mulch, only the infrastructure, it did not include permitting fees. I wqll have to get the permitting costs to you. Mr. Comeau stated just include that information for next month. C. Manager There not being an)', the next item followed. FIFTH ORDER OF BUSLNE~ Supervisors Requests and Audience Comments Mr. Ward asked is there anything from the Board? There not being any', we will move to item 6. SIXTH ORDER OF BUSINEKS Consideration of Funding Request No. 9 Mr. Ward stated if there are no questions or comments with respect to thc Funding Request, a motion to approve it is in order. ][On rlON by Mr. Agnelh seconded by ~Ir. Stanleyl] with all in favor Fundin Re uest No 9 was Il,, , g q,,., .,approved. Mr. Comeau stated one of the things that had been ongoing for the last few Board meetings was the $85,000.00 on the operating transfers and I understand that was to set up a Reserve Fund for Development Reserves. Mr. Ward stated yes, a question had come up a couple of meetings ago. There was an operating transfer-out out of the Capital Projects Fund into the Debt Service Fund and what that was for was what was questioned. Thc bond documents require that we set up a separate Reserve within the constraint of the Capital Projects Fund to be used for whatever the bond purposes were and that is what you see happening between those two funds, the money being transferred for 10 J~y28,1~7 purposes of compliance with those bond documents; Is there anything else from the Board? If not, a motion to adjourn would be in order· IOn MOTION by Mr. Miller seconded by Mr. Comea6] with all in favor the meeting was adjourned at 11:20' A.M. · Ward ary Peter Comeau Chairman Monday July 28, 1997 10:30 A.M. o o AGENDA NAPLES HERITAGE COMMY/NITY DEVELOPMENT DISTRICT Young, Van Assenderp & Varnadoe 801 Laurel Oak Drive Suite 300 Naples, Florida Roll Call Approval of the Minutes of the June 23, 1997 Meeting Public Hearings A. Adoption of Resolutions 97-23 Ratifying, Confirming and Memorializing an Amendment to Resolution 97-15 Made by Oral Motion on December 9, 1996 Relating to the Imposition and Collection of Special Assessments Pledged to $16,430,000 Capital Improvement Revenue Bonds Series 1996 B. Adoption of the Budget for Fiscal Year 1997-98 and Consideration of Developer Funding Agreement Staff Reports A. Attorney B. Engineer C. .,Manager Supervisors Requests and Audience Comments Consideration of Funding Request No. 9 Adjournment NAPLES DAILY NEWS Published Daily h'aCeS, FL 33940 Affidavit of Publication personally appeared who on oath says that Secretary of the State of Florida Counb/of Collier Before the undersigned authority. B. Lamb they sen/e as the As s t. C Q E~P, Naples Daily. a daily newspaper published at Naples. in Collier Count'/. Flod~a; that the attached copy of the advertisir'4j. being a ,~;otice Qf public Hearing in the matter of Rudget s was published in said newspaper 2 times in the issues starting on 7/1 !/q7 nnd ending on 7/18/97 Affiant hartt',er says mat E',e saxJ Naples Oa~ News is a r,e~,~3ac, er published at Na¢~es. ~n sa~J C.<:~er County, Fk:~Ja. and ~at IJ".e said ne'.~/space~ has heretofore ~ coal~nuousty p~is~ed ~ said ~ C, c4~ty. F~dda, each (:ay ar4~ has ~ entered as second class mai matte~ at ~ ~ost otflce ~n Nal=~s. ~n sa~d C4~ef Coumy. FIo, x~a, f~ a ~ o~ ! year r, ext ~eceOn9 me hrst p~Caca=¢~ of ~ a~a~ ~y of ~~t; ~ affiant f~ says ~at ~ has ~ ~ ~l ~ ~ ~, f~ ~ c~at~ ~y ~nt. re=ate, ~s~ ~ ref~ f~ ~ ~se Of s~ t~S a~~l for ~a~ ~ t~ sa~ ~a~ (S~nat~re of Atfian~) Sworn to and subscribed ~fore me this 18 dayof ~u[y~9 97 .st ccuced ~-~n~t,,ca~3n , PersOnally kcowa Ty~e of ~C_,~,tffx:abcn Prc~uced,, NOTICE Of HEARING NAPLES HERITAGE CO~'JAUNITY OEVELOP~AENT O6TRIC'T The Bocrr* of SUo~r~is~s of the 11~les Hertto~ Commute/ Development Oistr~ will hold a public h~xlr~ on Morkfx~t, July 2% 1997 at 10'..10 AJ, L at the offices of Y~ng, Van Ass~nderp b Varnodoe. Laurel OcR Drive, Suite 300, NcCes, Fk~'ida 3~10~, for the ~ of hearing commems and objections on the od~tion of the bud- get, s) for the o~eratlon and maintenance of Dlsfrld fodltfles for Fiscal year 1991. In od- cffflon the Board will hear public comment and oblecttons relative to the levi of a non od vale'em assessment ~rstx:nt to Law for the I:as'Ix~e of of~catlr~, mdnttn- lng and IX~'ftng principal, Interest and other related flnondng expenses of the District. The Dlstrld may also fund vortous facilities throu¢~ rna collection of culain rate% and charges which ore identified within me budget, s). A cagy o~ the budget(s) may be obtained at the offices of the Oistrict Attar. neY, Young, Van Ass~nde'9 & Vornodoe, 801 Laurel Oak Drive, Suite 300, Nc~les, Florida 341~ or at the office of the manog- er, I030~ It. W. 11 Manor, Coral Fkxtde, during normal busir~ss hours. The Bcx~'d will dso consider any other business which ~ prc:c~'ht come before it. There may be occasions when one ma'e SuOectisoes .Mil portiCilXite by tale- phone. At the above location there will be present a weaker teleohone so ~ any In- terested person can attend the meeting at the above location and be fully Informed of the discussions ta~lng place either in per. son or by tele~ communication. Any person reclulrtng special ~com. modaflon at this meeting because o~ a alisa. blllty De physical Imoairement should ~ the Dlstrtat Office at (954) at least five cotenc~r c~,ts prior to tt~ meeting. Ec, ch oerso~ who decides to ovOect decision rno4e By the Boo'd with re- sOed to om' n'4rtter considered at the meeting Is advised that ~erson will need a record of the proceedings and tt,~' occoedingh6 the person may need to eh. s~re tt~ a vert~m record of me pro- ceedlngs Is made, including the fesflmofff and evidence u~n v/nich such o~peol Is to be bcse¢. 6u-y L Mover '2 NAPLES DAILY NEWS Published Daily I'Japtes. FL 33940 Affidavit of Publication State of Florida County of Collier ? Before the undersigned authority, personally appeared B. Lamb , who on oath says that the,/serve as the Asst. Corp. Secretary of the Naples Daily. a daily newspaper published at Naples, in Collier Count'/, Florida; that the attached copy of the advertising, being a ,~;otice of Public Hearinq in the matter of Resolution 97-t5 was published in said newspaper., ;2 times in the issues starting on 7/11/,97 and ending on 7/18/97 P~a. ea~ ~ay a~ ~as ~ ~t~ as ~ dass ~ ~ at ~ ~ ~ f~st ~a~ o~ ~a a~ ~ of ~t: ~ afhan~ furth~ says :~at ~e ~as c~ Da~ ~t ~ ~ ~, ~ ~ c~a~ any Os~nt. re,ate, c~ss~ ~ ref~ t~ ~ ~ Of ~ucng :~s aCv~t:seme~t f~ ~:~a~ ~ ~ sa~ Sworn tO and su~scn~ed before me this 1~ Cayof JulY19, 9~ fS~jnature of ,'ctar't r~:) i NOTICE OF PUBLIC HEARIN(5 NAPLES HERITAGE CO~AMUNITY DEVELOPMENT OiSTR ICT A public heodng J$ ~cheduled lo be held by the Bo<rd of SUI~"/t~$ of the Nc~le$ Her- i~ge Commu~i,y Develoom~nt Distrid will be held o~ h~zxx~, July ,'~, 1997 crt 10,30 A.M. of the offices of YourxT, Von Assen- der~ & Vornodo~, ~01 Lourel Cc~ Drive. Suite 300, Ncple% Flodd~. T~ p,,z'po~,e ot ¢/.15 pre~x,rsh' odoCed by rne B,:x:rd, re- Idin9 to ~ Imposition ~<1 colteCk~ of soeool c~sessment~ pledged to $16,430,000 l~les HgrJto~e Community Devek:~'r, erd' Dl$lfld (Collies' County, Fk~lda) Caoital Im- provement Revenue Bonds Series 1996. El. feted porties may mote their comments in wrftlnq prior fo ,"ne meefir~ to the Oistdd Mahomet, 10300 N. W. 11 h~'~or, Corol Spdn,~s, Fk)dda 33071, or in person crt the Eoch person who decides to opoeol any oction Ic~,en at these meetings is advis.. ed Inet person will need a record of the proceedinq$ and ~ occoedingly, the p~rs<m may need to ensure ~ a vet. tx~m r~ord of the proceedings is rtlode, Jncludln~ the testimony and evi- dence upon which such o~ is to be Gary L. N~over July 11, 1~ No. I02974~ 16G, · 4 RESOLUTION NO. 97- 23 A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE NAPLES HERITAGE COMMI/NITY DEVELOPMENT DISTRICT RATIFYING, CONFIRMING AND MEMORIALIZING AN A/~ENDMENT TO RESOLUTION NO. 97-15 ~DE BY ORAL MOTION ON DECEMBER 9, 1996 RELATING TO THE IMPOSITION AND COLLECTION OF SPECIAL ASSESSMENTS PLEDGED~ TO $16,430,000 NAPLES HERITAGE COP24LrNITY DEVELOPMENT DISTRICT (COLLIER COUNTY, FLORIDA) CAPITAL IMPROVEMENT REVENUE BONDS SERIES 1996 ~,~ %,~EREAS, the Board of Supervisors of the Naples Heritage ~ ...... ~ -' Development District (the "District" ) did adopt ~sc!ut~- 97-15 (th~ "-~-a! Assessment Reso~,'-~'') on November 25, 1996 establishing final special assessments reiating [o, and securing, S!6,430,000 Naples Heritage Community Development District ~.~.~.1:~_~ ~ou~ty,_ .. Florida) Capital~ imoro'/ement. ..~,z~u~_.. ~ Bonds Series 1996; and '~HEREAS, such Final Assessment Resolution was amended b7 ora! motion cn Deter. bet 9, 1996, relating ~o ~he time and method of coiiecticn and the i~pcsitlon and collection of interest on prepaid assessmen5s; and ~HEREAS, after providing notice as s~t =^~"~ in Sec%~o,~ i70.07, Florida S~a~utes, the Board of Supervisors of the Distric~ ,~s.._o to. .-f'/., conf.~m and memorialize such amendment; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE NAPLES HERITAGE COM/ZLrNITY DEVELOPMENT DISTRICT: i. The action taken by =he Board of Supervisors on Decembeu 9, 1996 to amend ~he Final Assessment Resolution is hereby ratified and conf~-~d. ~ -'~ ParacraDh ~, ora amencme?. Assess .......... = ........ p hereby ar. ended -c~ ret-! as fo!!Qws: "The Assessments shall be collected ser. L-annuall'; amcunzs, an'/ a~ times, sufficient to enable the District ~O ~" th~ Dr;~ ~ , ~ .... . ...... a_ cf and interest on "~ Bonds on each ';c';=mbor I and May 1, commencinu May !, 1997. Prepayments c=Assessmen=s shall bear in:eres.t %o the next succeeding interest payment date cn the Bonds which is more than forty-five (45) days next succeeding the date of such prepayment at the rate of interest on the ~-'~ ~ the basis of a ~C dav y~a~ ~c~~, ca .... a._d cn comur~ses ~= ~w~!ve {12) ~' ~'~ " ' ' _ _ ~n,-~7 (30) day months. if any sec:ion, paragraph, clause cr provision of this resc!utlon shall b~ nel~ to D_ invalid or ~neffective for an:/ ~ason~_ , t~' rema~n~_~r of this resolution shall continue in full force and effect, it being expressly hereby found and declared that tke remainder cf this resolution would have been adopted despite the invalidity or ineffectiveness of such section, paragrapk, clause or ~rovision. 4. All resolutions, or parts thereof in conflic5 herewitk are to tke exten~ of such conflict, hereby superseded and repealed. 5. This Resolution shall take effect immediately upcn its adoption. APPROVED A2~ ADOPTED BY the Board of Supervisors of Maples Heritage Communit'/ Development District, this 28~h day of NAPL~HERITAGE COM24U/qITY D~-~g~ ~ISTRICT Peter R. ¢~meau, Chairman RESOLIJHON 97-24 BEING TtIE ANNUAL APPROPRIATION RESOLUTION OF THE NAPLES HERITAGE COMMUNITY DEVELOPMENT DISTRICT (THE "DISTRICT") RELATING TO TIlE APPROPRIATIONS AND ADOPTIaNG TIlE BUDGET FOR TttE FISCAL YEAR BEGL'N~G OCTOBER 1, 1997, AND ENDING SEPTEMBER 30, 1998, AND FIXL-NG MAINTENANCE AND BENEFIT SPECIAL ASSESS~FENTS FOR SAID FISCAL YEAR WHEREAS, the District Manager has, prior to the fifteenth (15th) day in July, 1997, submitted to the Board of Supervisors (the "Board") a proposed budget for the next ensuing budget year along with an explanatory and complete financial plan for each fund of the District, pursuant to the pro~'isions of Chapter 190.008(2a), Florida Statutes; and WHEREAS, within sixty (60) days prior to the adoption of the proposed annual budget and any proposed long-term financial plan or program of the District for future operations (the "Proposed Budget), and prior to September 1, the District did file a copy of the Proposed Budget with the local governing authorities having jurisdiction over the area included in the District pursuant to the provisions of Chapter 190.008(2b) and 218.34(3), Florida Statutes; and WHEREAS, on May 27, 1997 the Board sel; July 28, 1997 as the date for a public hearing thereon and caused notice of such public hearing to be given by publication pursuant to Chapter 190.008(2a) Florida Statutes; and WHEREAS, Chapter 190.008(2b), Florida Statutes requires that, pHor ko October 1 of each year, the District Board by passage of the Annual Appropriation Resolution shall adopt a budget for the ensuing fiscal year and appropriate such sums of money as the Board deems necessary to defray all expenditures of the District during the ensuing fiscal year; and WHEREAS, the District Manager has prepared a Proposed Budget on a Cash Flow Budget basis, whereby the budget shall project the cash receipts and disbursements anticipated during a given time period, including reser~'es for contingencies for emergency or other unanticipated expenditures during the fiscal year; and WHEREAS, Chapter 190.021, Florida Statutes provides that the Annual Appropriation Resolution shall also fix the Maintenance Special Assessments and Benefit Special Assessments upon each piece of property within thc boundaries of the District benefited by the adopted maintenance and capital improvement program of the District, such levy representing the amount of assessments for District purposes necessary to provide for payment during the ensuing budget year of all properly authorized expenditures ~ be incurred by the District, including princ4pal and interest o£ special revenue, capital improvement and/or benefit assessment bonds. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF NAPLES HERITAGE COMMUNITY DEVELOP~fENT DISTRICT; Section 1. Budget a. That the Board of Supervisors has reviewed the District Manager's Proposed Budget, a copy of which is on file with the office of the District Treasurer and the office of the Recording Secretary, and hereby approves certain amendments thereto, as shown in Section 2 below. b. That the District Manager's Proposed Budget:, as amended by the Board, is hereby adopted in accordance with the provisions of Chapter 190.008(2a), Florida Statutes and incorporation herein by reference; provided, however, that the comparative figures contained in the adopted budget may be subsequently revised as deemed necessary by the District Manager to reflect actual revenues and expenditures for the fiscal year 1996-97 and/or revised projections for fiscal year 1997-98. c. That the adopted budget, as amended, shall be maintained in the office of the District Treasurer and the District Recording Secretary and identified as "The Budget for Naples Heritage Community Development District for the Fiscal Year Ending September 30, 1998, as Adopted by the Board of Supervisors on July 28. 1997. Section 2. Appropriations That there be, and hereby is appropriated out of the revenues of the Naples Heritage Community Development District, for the fiscal year beginning October 1, 1997, and ending September 30, 1998 the sum of ($ ) to be raised by the levy of assessments and otherwise, which sum is deemed by the Board of Supervisors to be necessary to defray all expenditures of the District during said budget year, to be divided and appropriated in the following fashion: TOTAL GENERAL FUND DEBT SERVICE FUND CAPITAL PROJECTS FUND ENTERPRISE FUNDS S $ $ $ Total All Funds 16G ' Section 3. Supplement:ol Appropriations The Board may authorize by resolution supplemental appropriations or revenue changes for any lawful purpose from funds on hand or estimated to be received within, the fiscal )'ear as follows: a. Board may authorize a transfer of the unexpended balance or portion thereof of any appropriation item. b. Board may authorize an appropriation from the unappropriated balance of any fund. c. Board ma)' increase any revenue or income budget account to reflect receipt of any additional unbudgeted monies and make the corresponding change to appropriations or the unappropriated balance. The District Manager and Treasurer shall have the power within a given fund to authorize the transfer of any unexpended balance of any appropriation item or any' portion thereof', provided such transfers do not exceed Ten Thousand ($10,000) Dollars or have the effect of causing more than 10% of the total appropriation of a given program or project to be transferred previously approved transfers included. Such transfer shall not have the effect of causing a more than $10,000 or 10% increase, previously approved transfers included, to the original budget appropriation for the receiving program. Transfers within a program or project may be approved by the applicable department director and the District Manager or Treasurer. The District Manager or Treasurer must establish administrative procedures which require information on the request forms proving that such transfer requests comply with this section. Section 4. 5Ialntennnce and Benefit Special Assessm~ ent Levy a. That the 1997 Maintenance and Benefit Special Assessment Levy (tile "assessment levy") for the assessment upon all the property within the boundaries of thc District based upon the benefit received, shall be in accordance with the attached Exhibit A, which levy represents thc amount of assessments for District purposes necessary to provide for payment during the aforementioned budget year of all properly authorized expenditures to be incurred by the District, including principal and interest of special revenue, capital improvement and/or benefit assessment bonds. Said assessment levy shall be distributed as follows: General Fund 0 & Debt Service Fund $ $ bo The District Manager shall certify this levy to the County Property Appraiser and Tax Collector, in accordance with the applicable provisions oflaw, as required by Chapters 170, 190 and 197, of the Florida Statutes. Introduced, considered favorably, and adopt':'!, this 28th day of July, 1997. Naples Heritage Development District Community Peter Comeau Chairman Attest: James P. Ward Secretary 16G ! COMMUNITY DEVELOP~IE~NT,,DISTRICT SYSTEMS ,ANT) FACILITIES OPERATION MNI) MAINTENANCE AGREEMENq THIS AGREEMENT is entered into this 28ehday of ..July ,1997. by and between the NAPLES HERITAGE CO,~D'IU%"ITY DEVELOP*lENT DISTRICT, an independent special district established pursuant to Chapter 190, Florida Statutes, hereinafter referred to as 'District', and the NAPLES tIERITAGE GOLF A.ND COU,%'TRY CLUB, ~'C., a Florida not-for-profit corporation, hereinafter referred to as the 'Club". WHEREAS. the District has the authority to exercise l~owers to finance, fund. plan. establish, acquire, construct or reconstruct, enlarge or extend, equip, operate, and maintain systems and facilities for roads, water management, water supply, sewer, street lights, security and parks and recreational facilities, among other powers, including all powers necessaD', convenient, incidental or proper in connection with any of the powers, duties, or purposes authorized by Chapter 190, Florida Stam. t. es; and WHEREAS, for ease of administration, potential cost savings, and the benefits or' full time on site operation and maintenance purposes, the District desires to contract with the Club to operate and maintain certain of the District's systems and facilities: and WHEREAS, the Club desires to operate and maintain the District's systems and facilities: NOW, THEREFORE, the District and the Club agree as follows: I. The above recitals are true and correct and incorporated by reference hercir~. 2. The Club shall operate and maintain the following systems and facilities of thc District at a minimum in compliance with all applicable statutes, ordinances, administrative rules and regulations, and permit requirements: A. Roads including ali landscaping and sidewalks. B. Irrigation water facilities not owned by Collier County. Co Security including guardhouses. Water management and drainage. 16r., Parks, common areas and recreational areas including conse~'ation areas. 3. All other operation maintenance responsibilities for the District's systems and facilities not otherwise addressed in this Agreement shall remain the sole responsibility of the District. 4. District shall pay Club the sum of S10.00 per year for the performance of the operation and maintenance responsibilities set forth in this Agreement. 5. The term of this Agreement is for a period of five years commencing on October 1, 1997, and shall be automatically renewed for additional one year periods after October 1. 2002 unless either party provides the other party at least 90 days written notice of its intent not to renew. District may cancel this Agreement at any time for any reason in its sole discretion upon providing at least 90 days written notice to other part],.' of its intent to cancel this Agreement. 6. Club shall be solely responsible for the staffing, budgeting, financing, billing and collection of fees, assessments, service charges, etc. necessao' to perform the operation and maintenance responsibilities set forth in this Agreement. 7. Club shall procure at its expense and at all times include the District as an additional named insured on comprehensive liability insurance policies to cover the operation and maintenance responsibilities set forth in this Agreement. Comprehensive liability insurance shall be in amounts determined by District Manager. Club, in consideration of Ten (S10.00) Dollars. the receipt and sufficiency of which is accepted, through the signing of this document, shall hold harmless, defend and indemnify District. its agents and employees, from all claims, suits and actions (whether for negligence or otherwise), including claims for attorney's fees and all costs -2- of litigation, and judgments of any name and description, arising out of or incidental to the performance of this Agreement or work performed thereunder. to any incident arising from the sole negligence of District. This Section does not pertain 8. This Agreement may only be amended in writing executed by both parties. 9. This Agreement shall become effective on October I, 1997. WITNESS WtIEREOF, the parties hereto have executed this document the day and ,,.'ear first above written. Attest: District Secretao' NtkPLES HERITAGE COM.'~IU%TI"Y DEVE~~TRICT ·, .:;,~ PETER R. COMEAU Its:. Chairman Witnesses' Printed Name /Signature Printed Name NAPLES tIERITAGE GOLF AND COLD,'TRY CLUB, D'C. ByL -..---------/ ~~'-'--"'"--' ANTHON~fit~I~RS IC HI LLI Its: President -3- FUNDING AGREEMENT THIS AGREEMENT, made and entered into this 28th day of July, 1997 by and between: Naples Heritage Community Development District, a public corporation created pursuant to Chapter 190, Florida Statutes, hereinafter referred to as District; and U.S. Home, South Florida Division, 10491 Six Mile Cypress Parkway, Fort Myers, Florida, 33912, hereinafter referred to as Developer; and W ITN ESS ETH: WHEREAS, the Developer owns the majority of ali lands within the District; WHEREAS, the District pursuant to the responsibilities and authorities vested in it by Chapter 190 F.S., desires to proceed with the discharge of its duties to include administrative, legal, and the preparation of certain plans and specifications for the Water Management, roadways and water distribution and wastewater collection facilities, hereinafter referred to as capital improvements; and WHEREAS, the Developer recognizes that in so discharging said duties and responsibilities, certain benefits will accrue to the land; and WHEREAS, the Developer is agreeable to funding the operations of the District as called for in the Budget, approved by the Board of Supervisors, which is attached and made a part hereof as Exhibit "A" said budget commencing October i, 1997 and terminating September 30, 1998; NOW, THEREFORE, based upon good and valuable consideration and mutual covenants of the parties hereinafter recited, it is agreed as follows; 1. Developer agrees to make available to the District the moneys necessary for the operation of the District as called for in the Interim Budget, shown as Exhibit "A", monthly, within fifteen (15) days written request by the District. The funds shall be placed in the District's General checking account in Broward County. The parties hereto recognize that a portion of the aforereferenced operating expenses are required in support of the District's effort to implement its capital improvements program which are to be financed in the form of note(s), bond(s) or future developer advances and as such may be considered to be reimbursable expenses. The District agrees that upon the issuance of its note(s) or bonds(s) that there will be included an amount sufficient to reimburse the Developer £or a portion of the advances made pursuant to this agreement and such reimbursement will be made within thirty (30) days of receiving the proceeds of the note(s) or bond(s). The advances made pursuant to this agreement and reimbursement of same will not include any interest charge since it is anticipated that the District will proceed in a timely fashion to obtain its note(s) or bond(s). NAPLES HERITAGE COMMUNITY DEVELOPMFaNT DISTRICT ?eter Comeau Cha~rrnan James P. Ward Se~:retary U.S. HOME CORPORATION ~omm~it~ Develot~me~t District Budge~ Fiscal Year 1998 July 28, 1997 Community Development District Budget Fiscal Year 1998 J'uly 28, 1997 Table of Contents Section 1 Section 2 General Fund Revenue Appropriations Debt Service Fund Revenues Appropriations Revenue Summary Reserve Account Debt Service Accounts Appropriations Statement of Revenue, Expenditures ahd Changes in Fund Balance Debt Service Amortization Schedule Schedule of Projected Prepayments to be Received 2 2 3 3 3 4 5 6 7 Community DeveIopment District Budget - General Fund Fiscal Year' 1998 Developer Contribution Appropriations: Professio~al Fees: Board of Supervisor's Fees Engineering Legal Audit Arbitrage Rebate Calcu la tions Management Trustee Administrative Fees: Telephone Postage & Reproduction Rentals & Leases Office Expenses & Supplies Computer Services Insurance Legal Advertising Subscriptions & Memberships Contingencies Other Fees and Charges: Property. Appraiser (N/A FY 1998) Tax Collector (N/A FY 1998) Revenue Reserve (N/A FY 1998) TotaI Revenue: Sub-total: Sub-total: $111,575 $111,575 $12,000 $15,000 $20,00O $3,200 $35,700 $95,400 $50O $600 $3,600 $6OO $6,00O $2,00O $1,500 $175 $1,200 $16,175 $0 $0 $0 Sub-total: $O Total Appropriations: $111,575 Naples Heritage Community Development District Budget Fiscal Year 1998 Debt Service Fund Revenues: Unappropriated Fund Balance- October 1, 1997 Assessment Lev,/ Interest Income Appropriations: Total Revenue: $713,440 $0 $140,580 $854,02O Debt Service: Principal Debt Retirement Interest Expense Total Debt Service: $0 $854,020 $854,020 Naples Heritage Community Development District Budget is; Fiscal Year 1998 Debt Service Fund Revenue Summary: Reserve Account: The Bond Resolution authorizing the issuance of the Series 1996 Bonds established this account and provides that the Bond Reserve Requirement shall be an amount equal to the maximum amount of principal installments and interest payable in any year on all bonds outstanding. The monies in the Reserve Account, to the extent of the bond reserve requirement, are not available for any purpose other than the payment of the principal installment and interest on the bonds Reserve Requirement $1,258,800 The District has invested the reserve funds in the following: United States Treasury Notes United States Treasury Bills 5.625% $812,000 5.100% $446,800 $1,258,800 These investments are in accordance with those permitted as outline.., in the Bond Indenture · Debt Service Accounts: The Bond Indenture authorizing the issuance of the Series 1996 Bonds established three (3) Debt Service Accounts to track the flow of funds from the receipt of monies through the Payment of Debt Service. The following are the accounts which have been established pursuant to the Bond Indenture. DescriotiQn Interest Revenue Fund Interest Account Pre-Payment Account $340 866,780 $5,000 $72,120 $68,460 $72,120 Naples Heritage Community Development District Budget Fiscal Year 1998 Debt Service Fund Appropriations: Debt Service Principal Retirement- November 1, 1997 Interest Expense , for the period ending November 1, 1997 for the period ending May 1, 1998 Total Interest Expense: $0 S466,939 S387,081 S0 S0 S854,020 Total Appropriations $854,020 Revenues: Unappropriated Fund Balance Principal Prepaymen[s Bond Proceeds Interest Income Naples Heritage Community Development District Budget Fiscal Year 1998 Debt Service Fund Statement of Revenue. Expenditures and Changes in Fund Balance For the Fiscal Year Ending September 30, 1997 Actual Anticipated Total Budget Received or Expended Fiscal Year FY97 4/30/97 Thru 9/30/97 1997 Variance Revised Favorable Budget fUnfavorable) FY 97 S0 S0 $0 S0 S0 SO 52.000.000 $1.246,988 $2,597,000 $3,843,988 $1.843.988 $3.843.988 S2.981.010 S2.981.010 $0 $2.981.010 S0 $2.981.010 $91.500 $46.502 $44.998 $91.500 $0 $91.500 Total Revenue Appropriations: Principal Prepayments Pdndpal Retirement Interest Expense $5,072,510 $4,274.500 $2.641,998 $6.916.498 $1.843,988 $6.916.498 $2,000,000 $1,245,000 $2,597,000 $3,842,000 ($1,842,000) $3,842,000 $0 $0 $0 $0 $0 $0 $421.019 $0 $421.019 $421.019 $0 $421.019 Total Appropriations Net Income . S2.421.019 S, 1.24,5,000 .... $3;018,019 .... $4,,,2,63,,0!9, ($1.842,000) $4,263,019 $2,653,479 Fund Balance September 30. 1996 (Actual) $0 Reserved for Debt Service(All Years) Reserved for Debt Service(Fiscal Year 1999): Prmci.cal on Bonds Due 11/1/98 Interest Expense Due 11/1/98 $0 $387.081 Reserved for Fu~re Debt Service Unappropriated Fund Balance September 30. 1997 $1.258.800 $387.081 $294.158 $713.440 Naples Heritage Community Development District Debt Service Amortization Schedule Series 1996 Special Assessment Bonds With Pro!ected and A~t~al Pre0ayments Included 1 Date Regular Principal Interest Outstanding Principal Prepayments' Expense Principal 5/1/97 $1,245 11/1/97 $3,476 5/1/98 $2,455 11/1/98 $2,282 5/1/99 $2,365 1 1/1/99 $525,000.00 $2,157 5/1/00 $1,083 1 1/1/00 S555.000.00 $287 5/1/01 11/1/0 1 $0.00 000.00 .000.00 000.00 000.00 000.00 000.00 000.00 .000.00 $421,018.74 $466 938.75 $360.051.75 $284 560.50 $214389.00 $141 665.25 $59 193.75 $25,891.50 $0.00 $0.00 $16,430,000.00 $15,185,000.00 $11,709,000.00 $9,254,000.00 $6,972,000.00 $4,607,000.00 $1,925,000.00 $842,000.00 $0.00 $0.00 $0.00 $1,080,000.00 $15,350,000.00 $1,973,709.24 ' amounts after 5/1/97 are projected, based upon US Homes Future Sales Information. Naples Heritage Community Development District Schedule of Pro_lac'ted Prepayments to be Received Product Type units sold Sidle Family 1 0 Villa 20 Veranda 4 5 Terrace 4 0 115 by December 31. 1997 assessment paydowns S287,046.20 $528.910.40 $792.214.65 S704,190.80 $2.312.362.05 Product by June 30, 1998 Type units assessment sold paydowns Single Family I 5 S430,569.30 Villa 20 $528.910.40 Veranda 4 5 5792,214.65 Terrace 4 0 $704,190.80 120 52,455,885.15 Product Type by December 31, 1998 units assessment sold paydow~s Single Family 1 2 $344,455.44 Villa 2 0 $528.910.40 Veranda 4 5 5792,214.65 Terrace 3 5 5616,166.95 Product by June 30. 1999 Type units assessment sold paydowns Single Family 1 5 $430,569.30 Vilta 20 S528.910.40 Veranda 4 5 S792,214.65 Terrace 35 $616.166.95 $2.281,747.44 ~ 115 $2.367.861.30 by, June 30~ 2000 Product by December 31~ 1999 Type units assessment sold pavdowns Single Family 1 5 5430.569,30 Villa 20 $528,g 10.40 Veranda 33 5580.957.41 Terrace 3 5 S616.166.95 u-~ 103 52.156.604.06 Product Type units assessment s~ld paydowns Single Fa'nily 1 5 $430,569.30 Villa 6 $158,673.12 Veranda 0 50.00 Terrace 2 8 $492.933.56 u~/ 49 S1.082,175.98 Product Type by December 31~ 2000 units assessment sold paydowns Single Pam4y 1 0 S287.046.20 Villa 0 S0.00 Veranda 0 S0.00 Terrace 0 SO.00 ~/ 1 0 S287.046.20 N,~les tler~a~e Community Development District ,july 9. 1997 U.S. ftome Corporation 10491 Six Mile Cypress Parkv,'a;' Ft. Myers. FI .... 9 ] 2 Attention: Subject:. Peter Comeau Naples Heritage Community Development District Fund Request Dear Mr. Corneas. The current funding reqmrement for the Naples Heritage Community Development District is ncccssa~' to pay the following. Pay Request #9 Board of Supervisors 6/23/97 Sleeting 4 S~zper*,'isors Attended Board Funding ,Jul.','. August. September, October Fedex #4-I 17-71817 3/26 Ser-,'lcc ~4- 172-43995 5/21 .%,:rvice =4-179-41314 5/28 Service Coral Svrtngs Improvement District #000887 Postage/Copies 4/97 #000962 Postage/Copies 5/97 Indian Trace CDD #048 6/97 Long Distance Faxes Gary L. Moyer, P.A.. ,July '97 Fee June '97 Postage June '97 Copy Charge July '97 Rent July '97 Computer Sera'icc Naples Daily News # 1410001 6/23 Meeting Notice McAnI? Engineering & D¢~l~n Inc. # 12166 MeeUng Attend/Review Documents 4/1-5/31 Young. van Assenderp & Vamadoe, P.A. #8 5/5-5/19 Representation S800.00 S4.000.00 86.38 .58.93 $8.93 $31.49 .51~.I I S7.45 $2,833.33 S21.39 S21.94 $200.00 $500.00 S52.38 $397.60 Sill. Il Total Requst: 59,319.04 Accordingly. it would be appropriate for U.S. Home Corporation to fund these items at your earliest convenience. Thank you for your attention to this matter and if you have any questions, please let me know. In the meantime. I remain. Naples Heritage CDD 10300 N.W. 1 I th Ma.nor Coral Springs, FI. 33071 Yours sincerely. Randolph G. White Director of Accounting E E 0 ~ E E 0 ,g -' ,g g ~,oo , Gar9 L. Moger, 16' June 29, 1998 Memorandum To: Clerk of the Circuit Court Finance Department c/o Timothy d. Gillett 2671 Airport Road, Court Plaza III P.O. Box 413016 Naples, Florida 34112-3016 .Mr. Robert Fernandez Collier County Manager Governmental Center 3301 East Tamiami Trail Administrative Bldg, Second Floor Naples, Florida 34112 Bruce Anderson, Esq. Young, van Assenderp, Varnadoe & Benton. P.A. 801 Laurel Oak DAve Suite 300 Nap[es, Florida 34108 Reference: F r 0 ITl: Minutes of Meeting held Marc}~ 23, 1998 (;ary I,. Moyer Manager Enclosed for your records are copies of the minutes ~f' the meeting }mid by the Board of Supervisors of Naples Heritage Community Development District as referenced above. GI,M/nk Enc. FINANCE MINUTES OF M'E,~G NAPLES HERITAGE COMMUN~T DEVEI,OPMENT DISTRICT The regular meeting of the Board of Supervisors of the Naples Heritage Community Development District was held IVlonday, March 23, 1998 at 11:15 A.M. in the offices of Young, Van Assenderp & Varnadoe, 801 Laurel Oak Drive, Suite 300, Naples, Florida. Present and constituting a quorum were: Peter Comeau John J. Agnelli Ray Miller Alan Burns Chairman Assistant Secretary Assistant Secretary Vice Chairman Also present were: James P. Ward Alice Carlson Bruce Anderson Bill McAnly Assistant Manager District Staff Attorney Engineer FIltST ORDER OF BU~ Roll Call Mr. Ward called the meeting to order at 11:15 A.M. and stated all members of the Board are present at roll call with the exception of Mr. Stanley. SECOND ORDER OF BUShN'ESS Approval of the Minutes of the Janu;wy 26, 1998 Meeting Mr. Ward stated that each Board member had received a copy of the minutes of the January 26, 1998 meeting and requested any additions, correction.~ or deletions. I will make two changes. Both are on pa:~'esix after the motion. It says "5Ir. Stanley" and it should be '.Mr. Burns." In my reply it says, "it is a 4¢)1 Financial Disclosure," it should be a"Form 1 Financial Disclosure." Unless the Board has any additional corrections, a motion to appr, ve as amended would t-,_~ in order. liOn MOTION by' Mr. Miller seconded by 5'i~. Ag-nelli w-ith [ all in favor the Minutes of the January 26, 1998 were~ approved as corrected. March 23, 1998 Iii IIIIIII ........... IIIIII THIRD ORDER OF BUSEN'F_~_¢S$ Staff Reports A. Attorney Mr. Anderson stated I have distributed to each ~f the b'oard members a of an Interlocal Agreement between the District. Collier County t'rop,:rtv Appraiser and Tax Collector. You may recall from the minutes of the last meeting, there were discussions about where we were ,,n this issue to have collect our spec(al assessments on the tax hills; and ~Ir Ward was ~()ing to check and see '~'~at we have done and not done. We hav,. complied wi~h all of thc statutory requirements such as notice by a certa~ time to both o[' the~e constitutional officers, and we had to have an advertised Public }tearing when~ we gave notice w}~ere we may use this method to collect our special These were all donein December of 1996. The only tl~i;ialeFt to be done was the actual Agreement with the Property Appraiser and the Tax Collect~r which wha~you have heforeyou now. We need toget this appr,ved at this meeting. Tim Tax Collector and Proper~y Appraiser have both si~ed the A~reement, uccf~rdin~ to the information [ received this morning. The o~i[v possible change in thc Agreement is the Manager's office is not certain, at t},is point in ii,ne, whether they will want to certify the special assessment r~,~} to the Tax ¢?ollector whether they will want to have the Property Appraiser d,~ that for the District. 5Ir. A~melli asked are the fees charged the same as they charge Dis;ricts'? Sir. Anderson responded yes, at least what they }~ave been charging in last few ;'ears. There may be some older DistActs :.hat have a different structure, hut this is the one that has been in use by both of them for the las~ two three years. I would ask you to go ahead and approv,~ this Agreement with the understanding that we may need to change the languaue in here, if necessary. the Manager'~ office rather than the Property Apl,raiser would ceftin' the assessment roll ;o the Tax Collector. From an administrative ~ewpoint, he no~ know which way he wants to do it yet. .Mr. A~elli asked is there any additional costs or:,: way or the Mr. Anderson responded no, it will be the same. Mr. Miller asked is there something in here whet,- the Tax Collector wo~id notify the individual property owners of the amoun; ,~i' interest for the previ,ms year'? Mr. W~d responded no, they do not do tha;. Mr. Miller asked do you do that'? 2 March 9_3, 1998 Mr. Ward responded if requested, we will provide the individual who paid the tax bill the breakdown of principal, interest and the operations and maintenance assessment. It is not something we send (,ut as a normal course uf business. Mr. .Xlr. :,I r. Mr. Miller stated that is a deductible interest. Ward stated I never give tax advice either or~ .,r off the Agnelli stated a lot of people deduct the wi'mi,: thin,~. Ward stated that is not tax advice by Mr. *ir..Xliller stated I was wondering how this was o~vered ir, here and what you are savin,, it is not. .Mr. Ward stated it is not at all. .Mr. Anderson asked ;rill there be much capi:...! assessments t}~at.t'hev would be collecting? *Ir. Ward responded capital in terms of end user~, there will ~,~t bu a~v I do not think there would be any that will be paid for bF' the primary Developer that ~"ill be in the roll this year. Mr. Anderson stated this will mainly relal., t~, annuul ~nai~tc~:~nce assessments. Mr. Ward responded correct. *Ir. Comeau responded due to our Agreement i,..t'~,'een the (;.l).l). and the master HOA to carry out these duties, the bulk of t}~is assessment should be administrative and operational only of the Distr;,.'ts functions. Any ,~ther questions? Hearing none, On },lOTION by Mr. Agnelli seconded by Mr. Comeau with all in favor the Interlocal Agreement for the Preparation and Submission of the Naples Heritage Community Development District, Non-Ad Valorem Assessment Roll and the Related Uniform Collection and Enforcement Thereof was approved. B. Engineer There not being an5', the next item followed. C. Mamqger Mr. Ward stated you will recall at your Last m~:eting, we have chosen to meet on a bi-monthly basis. Your next meeting will be in May and the following meeting in July. We will probably go July, August and September for purposes uf 3 ,March 23, 1998 adoption of your Fiscal Year 1998 Budget. You will be presented at. your next Board meeting with a draft of the preliminary' Budget f~or your Fiscal Year whic~ beans on October 1, 1998. The way the Statue works, I am required by law provide that to you no later than ,June 15th and you are required to ac~ upon it in the form of an approval of the Budget. The approval ,,fthe Budyet does not bind you to any of t[~e informati~n contained therein or :~r~v a~sessment rates which may be contained in that Budget. [t will merely allow you to m~ve t'(~rward through the process for adoption of the Budget at a n,'~.iced Public Hearin~ ,.,.'l~ich will ~enerally be at your August or September Board ~neeting. '['hat (late ..viii be dependent upon just establishing what the final Bud~,:~ will be and if you dc.~ire have anvworkshops. AsSIr. Comeau said earlier, this should be a relative. Iv Buci~et. It will be administrative in nature only. Y,,u will have a I)ebt Fund Budget [?~r the comp~ment of the Bonds that will ~till need to be paid I'(~r by the primary I)c,.'clnpcr, but we will do that analysis f',.r' vr~u at th:it time. I tl~ink your bud~etin~ process should be relatively easy for ~,~u for Fiscul Year l'.0'./~. I just wanted to ~i'.'e you an update on the time schedul~:s that you will have. In addition, we have finished the Audit o[ tt'~c District f,~r Kiscal September 3(), 1997 that is required to be filed by A;~41 30th. Mr. Comeau has si~ned the document and we will send it up in the next week or so and will provide you a copy of that Audit under separate cover foryc~;r review. There is surprfisin~ in it [t is pretty much a standard form Audit and if' y~u hav~ any questions once you ~et it, please ~ve me a call and I will be glad to ~o over it yc)u if you do not want to wait until your next Board m,:etin~. I also provided to you the February 28th Financial Statements for the Dist~fict. I believe I have aone over with you how ~o re:~d a set of financials If you have any questions, [ will be ~lad to answer th~.m. Again, there is n~thi~,~ surprisin~ in the Financial Statements for February ~.sth. They are pretty much standard. One thin~ of note that we will need to cl,~:~r up is this year, we have roughly .$~00,000 left in the consL~ction account, m,~st of which is in the accouncthat was required to be established for the maintenance peNod. At sume point, this will not be necessary and we can clear that out. If due Developer has any additional acquisition to occur, then we can utilize those funds for that additional acquisition or as a buy-down or to buy-dc~'.vn the Bonds aC the end construction if we so chose to. With that, if you hay,: any questions, I would be ~lad to answer them: otherwise, I do no~ have anythin~ else for you. 4 March 23, 1998 FOURTH ORI)EROF BUSIN'F*S,S Supervisors Requests and Audience Comments .~Ir. Comeau stated one of the other items that was distributed to y~,u u)day was a Deed ora Conse~'ation Easement. Back in October, theo~i~dnal draft was distributed and it was developed by U.S. Homes' Attorney and was forwarded tc~ the Board's Attorney for review. Over the last couple of month thev have finalized the Deed for the Conservation Easement. It is complete and is in fl~rm for execution. There are a few reasons why it was not processed earlier. First and foremost, U.S. Home was required to complete en~neering certification of the project. There were numerous Surface and Water Management t'ermits ',~nd all the modifications are complete. There is only one item outstanding. On one small lake, the bank needs to be re-worked and certification tbmhcoming from the DistNct. Secondly, more importantly, is also the transfi~r of permits from U.S. Homes to the C.D.D. With the En~neer'scertification being finalized, alol~g with the transfer ~f the permits to the District, this Conservation Easement is requirement o[ the permits and more importantly, i~ has already been platted show these Conservation Easements exist. With that, I am looking fl~r approval either today or at our next meeting. The District has issued a second notice of compliance requirements to get this recorded. I would prefer, ifwecould, to have the Board vote adopting the Conservation Easemen~ based on legal f'~rm and approval from the Board's Attorney and upon receiving the engi~eering certification and the pem~it transfer to the Board we wilt he able t~ execute this Deed for the Conservation Easement requirement as outlined in the District Service Water Managemen~ Permit. .Xlr. Agnelli asked have the bank modifications that you talked about been completed at this point? Mr. Comeau responded yes. Nit. Agnelli stated the certification, as I understand this o~rrcctlv, h~ been made at this point. Mr. Comeau stated they have adven me an enginee~sng certification on the permit and most of the modifications. There is one later modification that we added one lake at the end of hole five that was slightly excavated over and the bank had to he re-established. That paa of that lake was filled in and completed. With that one later modification, we have the En~neer's certification on all the permits and all major modifications and one later modification is the only one outstanding March 23, 1998 which is going to be completed and issued back from the District and to us within the next two weeks, upon which U.S. Homes will process the transfer ~f the permits for ownership. Not only would there be arequirement for the District t~ accept the permits and signature acknowledging the acceptance of the permits, but also execution of this Deed for the Conservation Easement to }~ring it int{~ compliance. Mr. Agnelli asked would you like to have a motion" .Xlr. Comeau responded I would like have a motion t,, approve the l)ued of Conservation Agreement and upon receipt of the transfer c~l' tim permit from U.S. Home to the [)istrict and District Engdneering Certificati,m to accept the .%urface Water .Management Permits for Naples Heritage Golf and Cour~ty Club and execute the process this Deed. On MOTION by Mr. Agnelli seconded by Mr. Miller v, hth all in favor the Deed of Conservation Agreement was approved, subject to receipt of the transfer of the Permit from U.S. Home to the District and District's Engineering Certification to accept the Surface Water .Management Permits for Naples Heritage Golf and County Club and the Chairman's execution. Mr..Miller asked in regards to the financials, I am looking at the third page of the set you gave us today. Is there any correlation, of the expenses between year-to-date and year-to-date Budget? ,Xlr. Ward responded is there any correlation, no. ,Mr. Miller asked is there suppose to be? Mr. Ward responded no. Mr. Miller stated either page really does not add up. Mr. Comeau asked is there anything else? Hearing none, FTF'I'[ I ORDER OF BUSLN'ESS Consideration of F undi ng Request No's. 11 and 12 and Financi,"d Statemen[g Mr. Comeau stated there are two pay requests that are also in here that we move for approval for payrnent. Request No's. 11 and 12. Mr. Burns asked are you going to modify one of these pay requests on your next Financial Statement? 6 March 23, 1998 Mr. Comeau responded our next pay request will be as of February. Mr. Burns asked on the claims docket, the very last item, Series 96 rebate calculations, what exactly is that? Mr. Ward responded when you issue a set of Municipal Bonds under current tax law, we are required on a yearly basis to perform rebate calculations. That is a calculation that evaluates the amount of interest income you have earned on all of those accounts and the benchmark is against the interest expense on those bonds. Under current Federal Law, if there is what we call positive arbitrage which means there is more interest income on the accounts than you paid in interest expense on the Bonds, the amount of the positive arbitrage is required to be rebated to the Federal Government every five years. That is where the word comes from, and it is required to be segregated each year in a separate rebate account of the Bond issue. To the extent that the ,Municipal Bonds remain outstanding, we will go through this on a yearly basis and perform-a rebate calculation to determine how much interest income was earned on those accounts versus how much the expense was on the Bonds. It is called an Arbitrage Rebate. Mr. Burns asked does the positive goes to the Federal Government? Mr. Ward responded if you are one dollar over what your expense was, that is rebated automatically to the Federal Government. It would be rebated every five years. *Ir. Burns asked does the District get a chance ofgetting it back. Mr. Ward responded no. No government in this Country actually has the ability to get, it back. That was an out-shoot of what was going on in the early 1980's when government's were issuing billions of dollars in municipal debt. What happened was they were issuing them in variable rate modes where the expense on them was at four and five percent, at the time, then the interest rate market was such that you could earn 8%, 9%, 10% and 11% on treasury obligations. We were literally earning millions of dollars more than we were paying in interest on these Bonds. The Federal Government and Tax Reform Act of 1986 ended ever5' governments ability to do that. IOn MOTION by Mr. Agnelli sec,onded by Mr. Burns with all in favor Funding Recluest Nos. 11 & 12 was approved. *Ir. Ward asked Mr. Chairman, do you have an~%hing additional? Mr. Comeau responded I have no other District business. ,March 23, 1998 SIXTH ORDER OF BUSLNESS Adjournment , Mr. Comeau stated if there is no further business, I will entertain a rnotion to adjourn. IOn MOTION by Mr. Comeau seconded by Mr. Agnelli with all in favor the meeting was adjourned at 11:50 A. M. Ja~es P. Ward Secretary' Peter Comeau Chairman 8 AGENDA NAPLES HERITAGE CO.',,.1MUNITY DEVELOPMENT DISTRICT Monday March 23, 1998 11:00 A.M. 9 Young, van Assenderp & Varnadoe 801 Laurel Oak Drive Suite 300 Naples, Florida Roll Call Approval of t}m ),linutes of the January 26, 199S Meeting Staff Report.:, A. Attorney B. Engineer C. .Manager Supervisors Requests and Audience Comments Consideration of Funding Requests 11 & 12 and Financial Statements Adjournment ~¢aples Daily Naples, FL 3]940 Affidavit of Publication Na¢le$ Daily tle~s .................................................................... 0120 HO'riCE 0F ~EVEL~ME,4T DISTRICT appeared B. LamP, -~o cn oath says t~at she serves as the Assistant Eorrxorate Secretary of the Naples Daily Ne~s, a da~ty newspaper ~upL~sr.e~ a~ Na~es, in Collier County, Florida: that tke attached copy of advertising ~as cublished in said newspaper cn dates Listed. Affiant further says that the said Naples Daily Ne~s is a newspaper G~blished at Na~les, in sa~d Collier Count/, Florida, ar~ t~at t~e said newspaper ~as heretofore been ¢ont~uously p~blished in said Collier County, ;lori~a, eac~ day and has seen enter~ as secomd class mail · ~tter at t~e ~sc o~fice in Naples, in sa~d Collier Count/, Florida, for a per!~ of 1 Fear nex: prec~ing the first publication of the attach~ copy of advertisement; and affiant further says that she has neither paid nor promis~ any perscn~ firm or co~ration any discount, re,ate, commission or refund for the put.se of securtng this advertisement for DublicatiDn ~n ire said ne~Ger, ~bSLISHED On: 05/15 MEEllNG ~OTICE 01: AAEETING H~LES HERITAGE COMMUNITY g~-~- JELOPMEi'IT OISTRIC-r The regular' meetlm9 of me Naples Heritage Camm url~l'~. Oeveloomerff ~JS,~l'J(~', will be Mondcrv, Morct~ Of Young, Van A~lende~ & VOK~, ~01 Laurel OOk ~rlve, Suite 300, Noples, Florida. The mee~ng ts ~en to P~J~ on~ will be c~- du~ in occ~n~e ~'ovlsiorls of S~er~l$~s will D~ICJ. ;~e D/ teieoh~e. ~ ~e e~d Der~n Ca~ ~end ~eetl~ ~ ~e ~on and ~ ~llv In. tokl~ ~e eider Jn per. meeting because al o ~trem~ ~h~ld COPtC~ Ols~I~ Offlce m 753-0~0 m I~st ~)'ve e~ doy~ ~l~ to me me~l~. E~,~ ~r~ who decJd. ~ o~eol ony ~de by me ~d a~J~ed ~ ~r~n a reC~d of ~e c~edln~ o~ ~ b~lm rectal of ~e ceedlng~ 1~ mode, ~nCluCIng the testimony ~g SP~CE: 63.CC0 FILED ON: Signature cf ~ff~ant EECOEDED.. ~' the GF~ICiAL REC~E~'S ., '~ COLLIER COU~TT, FL I.NTERLOCAL AGREEMENT FOR THE PREPARATION AND SUBMISSION OF TIlE NAPLES HERITAGE COMMUNITY DEVELOPMENT DISTRIC'I' NON-AD VALOREM ASSESSMENT ROLL AND THE REI.ATED UNIFORM COLLECTION AND ENFORCEMENT TttEREOF ',,vItEREA$. the NAPLES HERITAGE COMML."NITT DE\'EI_OP.MENT DISTR f:',ere~nafwr "DiSTP,_iCT"~ '.,.'as "~: ',; ~:d, · ~ to ' ' ,_t~ ..... cc: pursuant the pro'.",sions ef Chapter Statutes. and the [)!STRICT is au~i~ofized to lewv non-ad valorem or speciai assessments includin~ benefit assessmcr:ts. ::,a,nte:'.ancz assessments, other such ~sessments: and X\'IlEREAS. Section 1~9~_ .... z064 FloridaSt,tu~ '~'¢ .... ~dSec:ion 197.3(331. f:~,a.r'x.,{'~ also authon;,e this DiSTRiCT tr., :.:.tv non-ad valorem assessments: and WtfEREAS. the H,~no:abic (Ju',' L. Cat!ton. is ~he County T~,: (.'oPiector (hereinafter "TAN COLLECTOR" ~. and therefore the Count,,' Constitutional Officer charuu,L a~ent of" ~ State. ~t?." ~n,.: ?. .ne collection and enforcement of ad valorem taxes and non-ad assessments lev;ed b', t?.e Count:.'. :he School Board and municipalit:es and an.,.' special within the C',-)ur.~v: and WHEREAS. th'..' }ior. orable .-Xbe Skinner, is the Colii::r County Propen?' (here:haa,--,*., "PP, r)PER. T':' .A?PP..-'..ISEP,"L and therefore the Count',' C'onstitutiona! (' '.,.':thc; ..... ............ : .... ,_~ :ne' va,ue' c,;-a!i .Drope,"tv. v.'ith:n the Count?'. and v. ilh ma~ntainin~z_ certa:n connected tke:ev.'it'.'-., s::,eci:~ca!!v !:2cludin~_ the name of'the ov.'ne:, address and lesal dcscripti,,n pa:eels of w,~ne,'-:." ,rn :he :ax ro','.s, and v,'ith providing certain services and inibn-nalion to au:Nor;ties unds': Sect:?:: :':;0 72!. F:,;.'-i ia Statu:..'s. and Section lc.`. 2632. Florida S.a.utcs. XVtIERE..XS. Sec:ic,:~ i97 36.771 and 197.3632. Florida Statutes. and Section I Flor:da Sta~u~es. ~ro'vid~ "~- ~,,a, fi',e DIST[,LICT ma.,.' arrange for the collection and enforcement non-ad vaiorer.'n s?eciaI ~sessmer.:s bv the T.&X COLLECTOR on the official tm-< notice as cc'rt~ to ~he TAFt COLLECTOR bv :he DISTRICT upon receipt by,he DISTRICT from the PROPERTY .-XPPP..-~,iSE~4 .'::' :~:z ::amc. addrcs~ and legal descNption of each applicabic parcel: and XVItEREAS. C~,ap~er !97. Flo~da Statutes. authorizes ~he DISTRICT. PROPERTY APPRAISER and T.~X COLLECTOR ~o enter into an Agreemem re~ardin~ the reimbursement necessarya,~..,.,,--~-';~;~'-' ........ ," '~ costs incu~ed by the PROPERTY APPRAISER and TAX COt. LEc"~ ~ and v,,'!t E RE..',,S. pursuant to Section 19 :._~ >.>2, Florida Statutes, the PROPERTY APPRAIS ma.v pro'. :de add:::onal set-vices :;or The DISTRICT over and above the requirement to pro,.'~de :~a:'ne. ad?.:~.'zs and ~.~',..:,ai ;~- each ,oarccl of land upon which 'h ...... ...... . ..... o,,-=~, valorem asscs£nqcr~l ,c-. ~ec. ant 5e. .... ~,., .:~,. ...... ~, =~'~ aocordinglv., including authority to prepare the non-ad valorem assessment roil and fo.'-'.:.'ard i; :o the DISTRICT bF' ~he 15th of September of each calendar .,,'ear in compatiblc e!cctronic medium tied to the propem.v identification number on the tax roll of thc PROPERTY .::PPR.-\IS E R. and WIIEREAS, lhe use of the unifo,,'-m non-ad valorem assessmem methodo~og:, more e(,fc:...m: a.~d more accoumable than the other alternatives available: and VCltEREAS. tee Board of Supervisors of the DISTRiCT passed Resolution No. 97-i2 or~ valorem ass:ssmcn'.s methodolog7 nte:: Jo use the unifo~ cc!~ec:ion a:-.d enforcement of nur~-::,i n accordance ,.'.'lin the procedures outlined in Section 19- 5,;32. Flo~da S:a::.::cs. ~.:;d ..... h-~. ~heref,ore =,;:c,::u-'- '~ ' :o ':se the ::on-ad ,.'aIorem assessment methodolo?,' S,..,..,,o~, '~i 3632. F''~'~''- $:a:u~...'s. and h~ elected no: to use tb, e metnoco;ogy in S',.'ction OR: 2425 PG: 07]6 \VttEREAS. "* ' ,n~ du?v to cern?,' ~fie non-ad valorem ass~ssmem roli to ~he TAX COLLECTOR sin;heChaim~a~oftheBoardofSupe~isorsof:heDISTRICT:and XVIfER[AS. :ks DISTPJCT '.yams the PROPERTY APPRAISER lo :,,s~. c:<~cm: and prepare ~he ~on-ad vMorem assessmem roii of;he DIST~CT. and XVfIEREAS. ;he TAX COLLECTOR. PROPERTY APPRAISER and I)I~TRtCI a~enc~es of thc Sm:c '.vi;Nih ~k¢ mea;~n~ of Chapter 189, Flodda Statutes. and Chapter 163, l:lorida bta;u:cs, and ,:~s;:c thc io~r,t po'.~ers v.'hich each will exercise ~ ~ s~p~r~,.,~ tinder the tenns WIfEREAS. nursuan: to Ch.rater 189. Florida Statutes. Chapter 163. Florida Slalt;tz:~. Chapter i9C,. Fiohda S:atutcs, :here is ~nple statutoo' authority For interloca! and intcraucncv agreements between the T~ COLLECTOR, PROPERTY ~P~AISER and the DISTRICI" and XVItEREAS. thc TA)[ COI.I.ECTOR and the PROPERTY APPRAISER a~;-ce :k.e szr.';ccs ,;), t~c:r, .~p.~ ~ o;,,~cs :or the non-ad valorem assessments involved as set s:a:utom,' !aw, appi~cablc mies, as amended, and in this Agreemem; and WHEREAS. the DISTRICT desires to accept the scm'ices of:he TAX COi_LECTOR and PROPERT';' -:.PPiLMSER ~ provided ;n tn;s .Agreement ~d ~nher aarees to fuifiil ~ts duu,z's rt's>ms:b:i:t:es under ia'.~ and pursuant :o :h:s Agreement. The DISTRICT. PROPERTY APPRAISER, and TAX COL[.ECTOR hereby calendar .,,'ear, and all subsequ,~n: ':'cars. except as pr~ .. ~,~'~, PR(-)PERTT APPRAISER shall l~st. prepare, and subm.,t t,: ';'.. 3 OR: 2425 PG: 0737 DISTPdCT b'. September i Sth. on compatible electronic medium, tied to the propez':' identification number, ti',:: non-ad valorem ~sessment roll, mad that the DIST~CT shall comply with ail appifcable pro'.isions of Chap:er !97. FloNda Statutes, ~qd related roles, including, but not I~m~tcd :o. compliance ',';th ail ad'.'cniscments and no:ices required in the election to use thc non-ad yello, rcm assessment mc.hodoiog':', ievymg, and roll adoption (subsequent ,:'ears) ' Because :kc DISTRIC'I. bv the 10th of Januno', 1998, did furnish :he t=gal description of the land area on which the non-ad valorem ~sessments be levied for calendar ':'car 199S t~ thc PROPERTY APPR.-XISER. thc PROPERTY .&PP~AISER shall detc~ine accurately thc namo. _ =us,,,., tha~ nrc, rtz, arran to thc DIS-fi.tiC- address ~d Ices'. description of caen affected pm-c~ and - ' ~,' bv thc ist o5 rune. "w~' . ' ' :~ ~. thc PRC)PERTY ..kPPR..XlSER shall also i~5t. extend, and prcp::r'c trw non-ad valorem a~scssmcn: ro!i lot and on behalf of the DISTRICT bv'~.- l.~h of'Scptcmbur. ~" ~n the n~me of thc DISTRICT and fo~,v~d the non-ad valorem ~sessment roll to thc DISTRICT com~atib!c c!zctrc, n:c medium tied to the property identification number; provided, however, that PROf E.., : APPRAISER shall not be under ~v duty to provide thc =~p..ccs set out hcrc~n the DISTRICT it: prepa~n~ and fop. Yarding to the DISTRICT the non-ad valorem ansessmcm r,ol! unless the DISTRICT sha!I have provided the PROPERTY ~PK~SER. no later than August of each calendar 'cc&- or such other date ~ may be mutually agreeable by the panics as a cor'~d~tion precedent." * :'ficia!lv adopted per unit or parcel of prope~v For the non-ad ','alo~.~-, 's~' .s~ .... : · ::--'uoBc, ardofSu ..... i:o~satadulvnoticedmce:in<. ' ~ .... :'7 Section 197.3632. Florida Statut,zs. thc FAX ~ Pursuant :o ex=resse,.: d,~tho, it, (_.~) of thc non-ad valurcm COLLECTOR shall be compensated at the rate oF p, vo percent - :l= "~ as .... ' for all costs of the T.~X COLLECTOR. which t,,'o ~sessments kOl,=C.:kl , " 4 OR: 2425 PGe 0738 (£%) shall be" ;" ;~ "'~ 'h'~ ' ' ' ... ,m,,~ b'.'~ .~ r..xX COLLECTOR as pa>ment prior to distribution to thc DISIRJC'F of the funds co!Icc:ed. ~. w---..,. DISTRICT hereby, as,~o~ to compensate the PROPERTY APPRAISI:,~ at thc one a~d one-ha!f~ercen:~i.S!~ 0f4'o non-ad valorem assessments levied as compensation for costs o:' ff, e PROPERTY .:,.PP~-~iSER. whick one and one-halfpercem ~ i .!%) shall he billed to DISTRICT accord:~z to Fiodda S~a:ute 19~.3632 5 The :=r.~-. ,~' tk;s .-x.:zreeme::: shall commence with :he I99S non-ad valorem roils and ska',ico, ..... .... ~u~ a~d ex:end unin:ewdpted l;-om ,:'em, to ','ear from the effective da~c indicated bclo'.v - ~.' ' u .... ss a r, ot~ce oftemfination shall be issued by an'/p~,>'. A notice of shall be in '.vri:i~ and shal! be delivered not less than ninety ~90~ days in advance <,F thc commencement of the next fisca! year of the DISTRICT save and except dudng those years when thc DISTRICT m ~lmel>' gmshion notifies the TAX COLLECTOR and the PROPER'FY :hat it seeks to collect and enforce the assessments pursuant to other provisions of law. 6. in perfo~ing these sc~'iccs herein specifically provided, neither the IAX COL[.EC'I'~)R nor thePROP~-,:R~'~ 5' APPRAISER is in any wav.. express or implied, direc~ or indirect, responsiblc for proposing, m~posing or le~'ing ~qv non-ad valorem special assessment an&'or for determining whether ss'.' such special or non- ad valorem assessment levied by the DISTRICT is at.~thonzcd, constitutionai, lezai and ':a'.id and the DISTRICT ac~owledges that it is the sole responsibility of the DISTRICT :o Icvv such assessr, e:~:s and to make sure thcv arc authorized,,cgal," ~alld consti~u'.ior, al. Thc DIST~CT shall save. defend, and hold ha~Iess :he TAX COLIfCIOR arad PROPERTY APPRAISER concerning any challenge to the DISTRICT's non-ad valorem special assessment roii OR: 2425 PG: 0739 '7. Ail agreements previously entered into by and between the parties hereto in conflict herewith are hercb.v superseded to the extent of the conflict. g. '['his .Agreement shall become effective upon the signing of the Agreement by the TAX COLLECTOR.. the PROPERTY ,APPRAISER,. and the DISTRICT, and with the appropriate filing with the Clerk of the Circuit Cour~ of Collier County', Florida. EXECUTED this ~ -7 .dayof Aticsl: Witness Printed Name , t 998. NAPLES tfERITAGE COM.'I UNIT's' DEVELOP.~NT~D IST R.I CT Peter Comeau ",Witness Its: /'"/ t/ZZ£m, Pnnted STATE OF FLORJDA COLLIER COUNTY ,.cas acknowledged ; "~' ' before me th,$ ,9 / ~ da,,' of /',,~'~,'_/ , i')98, fore,.,olng ins:rament bv Pete[ ~o~,ca~. as Chairman of the Naples Heritao. v.e Community Deve-lop~nent Oismct,/ who is .- .... ,. n to mc ~ personali7 ' ' Signatuzre- of Person Taking Acks~'ledgment (Affix Sea! Name Typed, Printed or Stamped 6 OR: 2425 PG: 0740 16~.~ ~ My Commission Expires: ',,k'i'tn ess .; Printed Name Witness // Printed Name COLLIER COUNTY APPIL41SER PRO P E RTY · ,.'N ABE SKJN. ER STATE OF FLORIDA COLLIER COUNTY The foregoing instrument ~.~.as acknowledged before me this / 4 '~'dav of' ']%~c~.,/Z, 1995, by ,Abe Skinner, ,~ Property .Appraiser lbr Collier County, Florida, who ~ona![y~nown to rnc or ,.'.'ho has produced as identification.-~---- -- -- Signature of Person Takint Acknowledzment (A £,qx Seal) .",'me TypEd, Printed or Stamped .'vi.',,' Commission Expires: *** OR: 2425 PG: 0741 **~ Witness Printed Name COLLIER COUNTY TAX COI. I.ECTOI~ By: G L'~/L. CARLTON STATE OF FLORIDA COLLIER COL ."NTY The foregoing instrument '*'as acknowledged before me this ..;_.j da.,.' of_ , 19%. by Gu,,' L. C~Iton. ~ Tax Collector for Collier Countv, Florida. ,.,,'ho is personallv kn~:,.'n r'o mc,v? Signature of Person Taking ..\cknowl~dument (Affix Seal) Narn-~ 'Tvpe'd,'~lPrinted or Stamped My Commission Expires: This Instrument Pr:pared Steven P. Kusnner. Esq. 1375 Jackson Sra-ee~. Suit." 202 For: Myers, FL 33901 DEED OF CONSERVATION EASEMENT TEllS DEED OF CONSERVATION EASEMENT is given this __ day of 1997, by NAPLES HERITAGE COMMUNITY DEVELOPMENT DISTRICT. an independent special district created pursuant to Chapter 190, Florida Statutes. hereinafter called "Grantor". to the SOUTH FI_ORIDA WATER MANAGEMENT DISTRICT. hereinafter called WITNESSETH WHEiLEAS, the Granter is the Gr,'ncr of certain lands and more specifically described in Exhibit "A" attache," reference (" Property"); and '-a Colli~zr County, f:lorida. ;ncorporated herein by WHEREAS, the. Grantor is a special distr: of seven hundred and niner:'-nine (799) resif' Country Club which shall be subject tc Restrictions for Naples Heritage Golf & which Project will impact wetlands' Management District ("District"); .. W'HEREAS, District Permit ~ which affect surface v.'aters in or of the ~ · ,nit.',' consisting "age Golf & 'ions, and ~ounty, 'rater ,tics WHEREAS, this Permit requires that under the District's jurisdiction; and .,tee wetla[acts W'I-tEREAS, the Grantor has developed and pr,. conserx'ation tract and maintenance buffer involving pt upland systems on the Property; and .,e permit conditions a · certain wetland and/or WHEREAS, the Grantor, in consideration of the consent granted by this Permit. is agreeable to granting and securing to the Grantee a perpetual conse~'ation easement as del-tried in Section 704.06, Florida Statutes (1995), over the Property. NO',:,'. TiiEREFOP, E. in co~ideration of the issuance of the Permit to construct and operate the permitted activiu, and as an inducement to Grantee in issuing die Permit. together v:ith other ~,ood and vaiaable consideration, the adequacy and receipt of ,,vhich is hereby acl. mov,'led£ed. Grantor ~,=.,-,,~v grants, creates, and establishes a perpetual conservation casement for and in favor of tine Grantee upon the Property which shall run ,.:.'it.",, the land and t',c bindin,:.f upon the Grantor. and shall rcrr,,ain in full force and effect forever Thc scope, na:u:-c, and character of this conservation easernen', shall bc as I),, ~,. ~,. - ' ' ea_-~, m : [: i~, the 7u.-7. ':sc -'.: tr, e conservation ~,. o,,, tn rcta:.'q, land ,_,r ..v;:tcr a~-c::- t:: the .,, .... , ,- .... ,;pen. ao_ric, uitural or ,habitat fo7 ~sN. plants or wildlife. 7,;, :arr.' ,'.'~: this ;va?o.,.'v. :he follo'aing rights are co ...... ~., · Tc enter upon the Property at reasonable times to enforce the rights hcrc~?, iran:ed in a manner fha: will not unreasonably interfere with the u:,e and quit; cfi o.,,'mznt of thc Pror, ertv h'. Grantor at ',J'..e time of such ento'; and lbi To enjoin a:-,v activity on or use of the Pro.:',s,<)' that is incon:;i<:cnt res,ma.on this ~or'~:-VatlOn casement and to enforce the · - ': of such areas. Property ~::t n',a', be ~ ....... ' bv an',' inconsistent activity c,:- use Except for restoration, creation, enhancement. ~"' ' ........ . activities, or surface wa:er management improvements, v,'hich are permitted o: rcqu,,::~, bv u;c Permit. tine folir.ving activities are prohibited in or on the Property: ~a, Cons:ruction or placin~ of buildings, roads, signs (except as p,c,musI, approved bv thc Distr'.c:. ',',;!lboards or other advertising, utilities, er other structures (,re ,,~' above the ~round' ,'bt Dumpi:',g ,or placing of soil or other substance or material as landfill, or .-,.,-',,o trash. ',vas:e, or unsightly or offensive materials; dun,ping or i,l,.,-~,= of fc~ Removal or destruction of trees, shrubs, or other vegetation, ex.-cpt for thc rcrno'.'a! ,)f c×otiz ve~-e:ation in accordance with a District ar. proved maintenar:cc plan' _ , r-,,..*,.,.~, n.-, dredcino_, or removal of loam. peat, izravet soii othc:- ....... :-' 5ubsu:."'.cc in such manner a~ to affect the ~-.- except as ~.. ........ . b':' thc Distri~'' · ---,,-,o- d",',t ,"~';' the ,c~ Sun'a,:c u;c cxceT: f,?r pu,t .... s ... remain i,-'. its ha:ufa! condition: -2- Ac,,,~des';'"" detrimental to drainage, flood control, ,,rarer con.~crvation, erosion control, soil conservation, or fish and wildlife habitat preservation including, but not limited to. ditching, dicing and fencing' (g') ..\cts or uses detrimental to such retention of land or water areas rh~ .Acts or uses which are detrimental to ',2',e preser",'ation of any fca:utes or aspects c,f g'~e Prope,'-:F' having historical or archaeological si~nifi.zanc~. Grantor reserves ail rizhLS as owner of the Propen':. :nzludin~ in uses of the Propen':' tlnat are not pro,hired herein and which are not inconsistent with District pale. criteria, permit and 'due intent and purposes of this co--,..:, ' _ _,=,.,'7,non F..asemcn~. 5,'0 right of ar. ccss b':' the general public to any po,~ion ¢:' the Pr,.>pcrt':' ~:. ,.on, ~ .c,. ox. ti::s conser,'ation easement, 5. Grantee shall not be responsible for an.,,' costs or liabilities related to the operation. upkeep at-,..2 maintenance of the Proper'ry. 6. Grantor shall 7a.v an':' and all real property La:,cS and assc:,smcnts Ic','~cd b'. ,.uti,o, i., 071 '~'.' Pr,o'oe.~v competent - .... '-' ,~,_ , ,. 7. Any costs incurred in enforcing, judicially or other,.vise, the terms and restrictions of Lhis cop3ervation easement shall be borne by and recoverable azainst the non-prevailing party in suck proceedings. 8. Enforcement of the terms and provisions of the conservation easement shall be at the reasonable discretion of Grantee, and any forbearance on behalf of Grantee to exercise its rights hereunder in the event of any breach hereof by Grantors, shall not be deemed or construed to be a waiver of Grantee's rights hereunder. 9. Grantee will hold this conservation easement exclusively for conservation purposes. Grantee ',,.'ill not assign its rights and obligations under this conser'vation eascmem except to anott,,er organization qualified to hold such interests under the applicable state laws. i0. If any provision of this conservation easement or the application thereof to any person or circumstances is found to be invalid, the remainder of the provisions of this con.servation easement snail not be affected thereby, as long as the purpose of the conservation easement is preserved. il. ,.\tl notices, consents, approvals or other communications hereunder shall be in writing and shall be deemed properly given if sent by United ,.States certified mail, return receipt requested, addressed to the appropriate party or successor-in-interest. -3- 12. The terms, conditions, restrictions and purpose of this conservation easement shall be inserted by' Grantor in any subsequent deed or other legal instrument by which Grantor divests i~elf of any interest in the Property. Any future holder of the Grantor's interest in the Property. shall be notified in writing by Grantor of this conservation easement. 13. This conser'vation easement may be amended, altered, released or revoked only b?' written agreement between the parties hereto or their heirs, assigns and successors-in-interest, which shall be filed in the Public Records of Collier Count,','. TO HAVE AND TO HOLD unto Grantee, its successors and assigns forever. These covenants, terms, conditions, restrictions and purpose imposed with this conservation easement shall not only' be binding upon Grantor, but also their agents, heirs, successors and assigns, and shall continue as a servitude running in perpetuity with the Property. Grantor hereby covenants with said Grantee that Grantor is lawfully seized of said Property in fee simple; that the Propert7 is free and clear of all encumbrances; that Grantor has good right and lawful authority to convey this conservation easement: and that it hereb.v fully wan-ants and defends the title to the conservation easement hereby' conveyed against the lawful claims of all persons whomsoever. of IN \VITNE.SS WHEREOF. the Grantor has hereunto set its hand and sea! the .... .1997. da.'.' NAPLES HERITAGE CO.MMUNIT':' DEVELOPMENT DISTRICT, an independent special district estaSi: ..... c'~,..,.,. I9'3. pursuant to ,..,,,...~ Title: Peter R. Comeau Chairman STATE OF FLORIDA COUNTY OF On this ~ day of ., 1997, before me, the undersigned notary public, personally appeared Peter R. Comeau, personally known to me to be the person who subscribed to the foregoing instrument and did not take an oath, as the Chairman of the Naples Heritage Communits' Development District, an independent special district established pursuant to Chapter 190, Florida Statutes, and acknowledged that he executed the same on behalf of said entity and that he was duly authorized to do so. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission Expires: Notary Public Name: Certificate No. or Serial No. (SEAL) South Florida Water Management District Legal Form Approved Date: -5- EXHIBIT "A" Tracts "C-I" through "C-20", inclusive, Plat of Naples Heritage Golf and Countw Club, Phase One, recorded in Plat Book 26, Pages 73-80, inclusive, of the Public Records of Collier Count', Florida. [ n[[ [ [ [[ [[ [[ [] I[[ [ [[[[ n Ifil[ 1111 Il 11111 IIll ] ! [[ [[ Il fi[II Il Illl I Ill[ I I Il [ Il MP~ 2] '98 10:~Z? FR DISTRICT OFFICES l~ 954 545 1292 TO 19415974~-015 P.[]2Zl! ~ 2B~ '~3 !0:27 FR DISTRICT flI:FI~ES :2 ~ 345 1292 TO 194159'74502-015 P.03/11 o ~ 23 '98 10:2~ F-~ DISTRICT OFFIQ~S l~2 954 545 1292 TO 194159745~2-015 P.~4/11 o°o ~ 23 '98 18:35 FR DISTRICT OFFICES .-,o=~,o o° o = 2:) m °°~= 954 ~S 1292 TO 194159'745~2-015 MF~ 23 '90 10:~ FR DISTRICT OFFICES l~2 954 ;~5 1~2 TO 194159'747~2-015 P.~9/ll 16~ '~" oo~o~o . ~oo ~ 23 '90 10:35 FR DISTRICT OFFICES 545 1292 TO 194159'745~2-015 r~ g ~ 23 'c'~ tla:;~, FR DISTRICT OFFICES 112 954 345 1292 TI] 'l. g4iSrJ",'4582-0't5 P. 10×iL t~r~q 2~ '90 10:Z~5 FR DISTRICT OFFICES ~2 t'gco~ ~S 1292 TO 19~159'74F5~2-015 P.11xll 2ooo22 ,, g o ~ o o o o o o o ooooo o ~ TOTPL Pf~T_~. 1 1 ** 168 F- Z LO © Z © o ~ ~ E 16p, ~ o ~o ........ ~ .... .~o~ ..... oooooo ~ ooooooooooo ~ ooooooooooo ~ ./ o~ S 0o0oo o ~ 000ooo~ooooooooooooo~ o Naples Heritnge Community Dcvelopmen! Dislrict January 19, 1998 U.S. Home Corporation 10491 SLx :Mile Cypress Parkway Ft. Myers, FI. 33912 Attention: Subject: Peter Comeau Naples Heritage Community Development District Fund Request Dear Mr. Comeau, The current funding requirement for the Naples Heritage Community Development District is necessap: to pay the following. Pay Request # 11 Board of Supervisors's February '98 Through June '98 FedEx #4-344-50040 10/20 Service #4-380-26303 12/9 & 12/12 Service #4-392-37936 12/23 Ser,'ice Coral Sprinl~s Improvement District #001346 10/97 Postage/Copies #00428 11/97 Postage/Copies Gary L. Moyer, P.A. Imaging of Minutes/Lbr. 1/98 Management Fees N. ap!es Daily News #1472423 12/22/97 Meeting Notice MeAnly Engineering & Design, Inc. #12648 11/97 Professional Se~ice Younl~, van Assenderp &~ Varnadoe, P.A. #14 I 1/24 & 11/26 CDD Representation Total Request: $500.00 $31.25 $19.50 S10.75 S6.05 $5.41 $32.00 $3,573.49 $64.02 S240.00 $161.50 $4,643.97 Accordingly, it would be appropriate for U.S. Home Corporation to fund these items at your earliest convenience. Thank you for your attention to this matter and if you have any questions, please let me know. In the meantime, I remain, Naples Heritage CDD 10300 N.W. 1 lth Manor Coral Springs, Fl. 33071 Yours sincerely, Randolph G. White Director of Accounting ' [[ [[ .[ iii [ [ fini.m [iii[ Illllll Il Il I llllllllllll ....... .... ' ........................ Ill I II I Naples Heritage Community Development District March 13, 1998 U.S. Home Corporation 10491 SLx Mile Cypress Park~vay Ft. Myers, Fl. 33912 Attention: Subject: Peter Comeau Naples Heritage Community Development District Fund Request Dear Mr. Comeau, The current funding requirement for the Naples Heritage Community Development District is necessaG' to pay the following. Pay Request # 12 Daskal, Bolton & Manela CPA's # 12247 Financial Statements & Auditors Report 9/30/97 Gary L. Moyer, P.A. March 1998 Fee Total Request: $3,279.90 $3,572.76 $6,852.66 Accordingly, it would be appropriate for U.S. Home Corporation to fund these items at your earliest convenience. Thank you for your attention to this matter and if you have any questions, please let me know. In the meantime, I remain, Naples Heritage CDD 10300 N.W. 1 lth Manor Coral Springs, Fl. 33071 Yours sincerely, Randolph G. White Director of Accounting FORM 8B MEMORANDUM OF VOTINO CONFLICT 'T COUh, Y, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS ~., A,~.i I- UI' I~JAR Il. L'[}L~N,L Ii. (.'[}~ ~4 I.%.\10,%o ALIi II(.,IR I] '~. (IX L'O~ ~1 1-1J WHO MUST FILE FORM 8B ,- ' ,o,~ or :i¢c:ed'~czrd. This form is for usc by any person ser'/ins at the count)', city, or other local lcv,q of council, commission, authorhy, or commhte'-- h applies e~ually to members of advisor7 a~ non-advisory bodies who ~r: pr:sen:ed M:h a voting conriic~ of im:r-.s~ und--.r See',lot, Ill-.ii-'l, Florida Statutes. Your responsiSilities und':r the Jaw when l'ac:d with a measure in which you have a confi[c: of inter:s: will vary greatly depending on whether you hold an et:clive or appointive position. For this reason, please pa'/close attention to th: instructions on :l'.is form before compl::ing the ravers: side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 1q. 2.3~43, FLORIDA STATUTES ELECTED OFFICERS: A person holding :it:ri..,: :ou.'~:y. muni:ipaL or oth:r Iocat public office ,"',,lUST ABSTAIN ir.sm voting on a m::,sur: ..,,,mc.n :r. ur:s :o his special pri','at: gain· Each, lo:al cfr'ica: abc is prohibit:d from knowingly votinl on a measure which inur:s to th: s;e'=ial gain of a principal (oth:: t~aa a government ag:n=:') by whom he i~ retain:cl. In e.th:r ,,:a~:. you s~ould discios: ::':: · , ........... S..- On PR[OR TO Tiffs VOTE BEING TAKEN by 7. uS!ic[y s:a:ing to the ass:mb!.',' t?:.e r.,:,.:r: of '.'our in:ar:s: whi:h you ar: o':staining from ',:ting: cad WITHIN t5 D.-.':fS A.- ..-WER THE 'v'OTE OCCURS by commie:in; and filing :ms fc.-m.. ::'iix th: ;erst.'.. :s...o ................... th: n:in'..:'::s cf :h ..... ;-- ,yr.: s?,o'-'I:,,....,.,.,.-.-: ...... '-','- :ha form in the minuets. APPOINTED OFFICERS: A person holding appoir.:iv: c.~un:y, m,-,nJ:i;al, or o:h:r lc:at public orfic: MUST A~5'T..kIN from yeti.rig on a inures :o his s=ecial .:riva:: gain. Earn Iocai cf,qc:r also is prohibited from knowingly vctin:~ on a measure wkizh inur.-s :o :?.: --:--:- ' t~.~,.- 'i",r. gev:mrna.n: a~:n.."':') by whom h- is r::ain:d. sp~ia[ gain of a ,.. ...... ,.at ........... a . . '- , ~;. . - . r,~. ~,...o~ ; . _ ~ .... ;c;~a:. ,q ~ ,-.,=r... :- ,.,.·'- -'r, ~",: ,x, 3s :' :o,''·:ri,i=: o:' ir.:.-:'.;:, 5':: .-7..':;: A person no~ .... t ~-., a~gln:;;': J$c'.. 2.,1.: ....... ~.$ .... 3. ,.a,~, ,,, ................... made by the c/Scar or at ';' '~ .... IF YOU INTEND TO ;,:A:,,- ANY .-xZ'T:_.x:P'i- TO INFLUENCE THE D=-C.~ PRiOR TO TH-- MEET'.:',G .:,, . THE VOTE \V:LL .BE · You should comp. icrc and ~.i: :his :':.tm (':::'cf: ma'..:ing an}' attempt to in,quant: :ha de:ision) with the person :.-spar. si'al: fo: reccrdin= ti",.- minu::s cf ::':: mt:ting. '.~?.: ',,'itl incorpo,-a:e the form in th: mi.'v.'::s. · A cop'..' of :he Form should t.,. ..... ,,..s..o.:~-'~ .-m?.ia::Iv. to the other members of :~: ,.z:n:':'.. · Th-. farm s;".ould b: r:ad -..'.-:;-~v ,' '"' ..... ;-S ;riot to :onsid:ration of ih: ma:tar ia ,¥hich yeu :I$1ON EXCE?T Bx,' DISCUSSION AT THE measure b¢£orc particiTafing. vote ~curs wkh :h~ ;~:son r~pons~bt~ for r~:ordin~ th~ 168 AL OFFICER'S INTEREST that on co.ncLn'-'Enz ccnftic~ on:) :rest in the re:as:re is as foiio'.*s: , by whom I am re:aineg. .rovezencs by Dis::izc, sea Si~natur: 'ES 5112.317 (1985). A FA[LURE TO ,MAKE AN':.' REQUIRED BE PUNISHED ~x' ONE OR ,MORE OF THE rO~LOW'. ~: OFFICE OR E.M?LOYMENT, DEMOTION. REDUCTION IN EXCEED 55,00(2:. MEMORANDUM Misc. Correspondence Agenda Date ~ Agenda Item # TO: FROM: DATE: RE: Sue Filson, Administrative Assistant Board of County Commissioners Derek Johnssen, General Accounting Manager ,~/.~/- Clerk of the Circuit Court/Finance Department ¢/,/r~ July 22, 1998 Miscellaneous Correspondence - BCC Agenda Please place the following items on the next available BCC agenda and call me at extension 8350 with the date and Miscellaneous Correspondence agenda item number. North Naples Fire Control and Rescue District 1. Pursuant to Florida Statutes Chapters 189 and 190, the Naples Heritage Community Development District has submitted the following: (a) District Map (b) Schedule of Regular Meetings (c) Registered Agent Form Thank You. 166 1441 PINE RIDGE ROAD ' NAPLES. FLORIDA 34109 (941) 597-3222 Fax (941) 597-7082 July I. 199R Collier County Courthouse 3301 Tamiami Trail East Finance Department Building F 4th Floor Naples, Fl, 34112 Dear Sir: Please find enclosed ti~e District Map. Shedule of Regular Meetings. and the Registered Agent t'om~ tbr lhe North Naples Fire Conlrol & Rescue District. 1441 Pine Ridge Road. Naples. [:1 34109. have scat these items lo comply with your Independent Special District Information Schedule. If I can be of any further help. please do not hesitate to contact me at 941-597-3222. Sincerely. l.isa Stelkmi [:.xecutivc Assistant FINANCE SPECIAL DISTRICT REPORTING Section 189.416, Florida Statutes, requires that each special district in tho state designate a registered office and a registered agent and file this information with the Department of Community Affairs and the local governing authority, Collier County Board of County Commissioners. Any changes in registered agent and registered office must be repoded to the above named agencies. In the space below, please provide the correct name and address of your current registered agent: DISTRICT NAME NORTH NAPLES FIRE CONTROL f, RESCUE DISTRICT REGISTERED AGENT ,]AMES W. TOBIN, FIRE CltlEF REGISTERED OFFICE NORTH NAPLES FIRE CONTROL & RESCUE DISTRICT 1441 PINE RIDGE ROAD NAPLES, FL 34109 In addition, please provide the telephone number of your registered agent: PHONE NUMBER 941-597-3222 indicate your district's status (dependent or Independent) by marking an X In the appropriste space. (See Section 189.403, Florida Statutes, for definitions.) DEPENDENT INDEPENDENT ___~ If the actual location of your special district office iS different from that of your registered agent, provide the district's business address in the space below: Please return this form, to the address below: Collier County Courthouse 3301 Tamlami Trail East Finance Department, Bldg. F 4TM Floor Naples, Fiorlda-83962 MEMORANDUM Misc. Correspondence Agenda Date__ Agenda Item TO: FROM: DATE: RE: Sue Filson, Administrative Assistant Board of County Commissioners Derek Johnssen, General Accounting Manager Clerk of the Circuit Court/Finance Department July 22, 1998 Miscellaneous Correspondence - BCC Agenda Please place the following items on the next available BCC agenda and call me at extension 8350 with the date and Miscellaneous Correspondence agenda item number. Port of the Islands Community Improvement District Pursuant to Florida Statutes Chapters 189 and 190, the Naples Heritage Community Development District has submitted the following: (a) Minutes of Meeting held May 21, 1998 (b) Notice of Public Hearing to be held August 6, 1998 Thank You. NOTICE OF PUBLIC HEARING PORT OF THE ISLANDS COMMUNITY IMPROVEMENT DISTRICT '['he Board of Supervisors of the Port of the Islands Community Improvement District will hold a public hearing at 4:00 P.M., Thursday, Augus't 6, I998 in the RV Recreation Hall, 12425 Union Road, Naples, Florida for the purpose of hearing comments and objections on the adoption of the budget(s) for the operation and maintenance of District facilities for Fiscal Year 1999. In addition the Board will hear public comment and objections relative to the levy of a non ad valorem assessment pursuant to Florida Law for the purpose of funding operations and maintenance and principal and interest expenses of the District. The District ma.',' also fund various facilities through the collection of certain rates, fees and charges which are identified within the budget(s). A copy of the o ~,,s~ may be,~,,~a,,~'~ ~;- ~'~ at t?,e o,,,c~om .... ~,c+~'~,,,~ District ~non~ .~',. W. ~ 1 ~ Cora! . Sp~n~s, Flo~da 33071. The Board will also consider any other business which may properly come before i~. The meetin~ is open to the public and will bc conducted in accordance with the provisions or FloNda Law for Community Development DistNcts. There may be occasions when one or more Supervisors will participate by telephone. At the above location there will be present a speaker telephone so that any interested person can attend the meetina at the above location and be fully informed of the discussions ~akin~ place either in person or by telephone communication. Any person requifin~ special accommodations at this meetin~ because of a disability or physical impairment should contact the Dist~ct O~ce at (954) 753- 0380 at least five calendar days p~or to the meeting. Each person who decides to appeal any decision made by t. he Board with respect to any matter considered at the meeting is advised that person will need a record of the proceedings and that accordingly, the person may need to ensure that a verbatim record of the proceedings is made, including the testimony and evidence upon which such appeal is to be based. Gary L. Moyer Manager PLEASE NOTE TIlE DATE OF T[EE BUDGET HEARING. THE ,JULY 23, AND UGUSF 20, MEETINGS tLt. VE BEEN' CANCELED. Port of the Islands ,June 29,1998 Memorandum To: '../Clerk of the Circuit Court c/o Timothy J. Gillett 2671 Airport Road, Court Plaza III P.O. Box 413016 Naples, Florida 34112-3016 Robert Fernandez Collier County Manager Governmental Center aao 1 East Tamiami Trail Naples, Florida 33962 David Black Hoch, Frey & Zugman 4875 North Federal Hwy., 4th Floor Fort Lauderdale, Florida 33308-4610 Thomas L. Barnard 253 Sunrise Cay Unit 102 Naples, Florida 34114 Tim Stephens Port of the Islands C.I.D. 12600 Union Road Naples, Florida 34114 Reference: Minutes of Meetings held May 21, 1998 From' Gary L. Moyer Manager Enclosed fi~r your records is a copy of the minutes of meeting held by the Board of Supervisors of Port of the Islands Community Improvement District as referenced above. GI.M/jmr 10300 N.W. i It~', Manor · Coral Sp.nr..;$. Florida 33071 · (954) 753-0380 · Fax: (954) 755-670~ MINUTES OF MEFrrING PORT OF THE ISLANDS CO~E~ITJNITY IMPRO~NT DISTRICT The regular meeting of the Board of Supervisors of the Port of the Islands Community Improvement District was held Thursday, May 21, 1998 at 4:00 P.M. at RV Recreation Hall, 12425 Union Road, Naples, Florida. Present and constituting a quorum were: Tom Barnard Richard Gatti Bernard E. Wolsky Richard Burgeson Millie K. Strohm Chairman Vice-Chairman Supervisor Supervisor Supervisor Also present were: John Petty Tim Stephens Bruce Anderson Marlene (Sams) Marchand Residents District Staff District Staff Attorney RV Park Owner FI~SY ORDER OF BU~ Roll Call Mr. Barnard called the meeting to order at 4:00 P.M. and stated that all Supervisors are present at roll call with the exception of Ms. Strohm. SECOND ORDER OF BUSINESS Approval of the Minutes of the April 16, I998 Meeting Mr. Barnard stated that each Board member had received a copy of the minutes of the April 16, 1998 meeting and requested any additions, corrections or deletions? There not being any, On MOTION by Mr. Wolsky seconded by Mr. Gatti with[[ all in favor the minutes of the April 16, 1998 meeting][ were approved. THIRD ORDER OF BUSINESS Acceptance of the Audit for Fiscal Year Ended Septembex 30, 1997 Mr. Petty stated the Audit was delivered to you last month and I v, qll briefly go over the items of high points to management which are on page 17. Basically, the auditor is opining to how the District is run on three different levels. It is on 'May 21, 1998 ]- ~) ~ ''~ i~ ~ the laws and rules regulating the District. It is on our accounting practices and it is on our standards. He is giving us three opinions that we would like to remark on during this time. On pagel7 under Compliance, you see that the results of their test disclosed no instances of non-compliance that they are required to report under the Government Auditing Standards. That is a clean issue for us. The other one is the Internal Control Over Financial Reporting and again they noted no matters involving the Internal Control Over Financial Reporting in this operation that they considered to be a material weakness. On page 19, again, we are basically getting a clear letter other than they are talking about a note that they made on last year's Audit on the issuance of Water meters and how the bills are collected and they find every thing in compliance this year. Under those three headings that we are audited under on a yearly basis, the District has come away with a dean letter. That is typical for us and we are proud to submit it today. As far as the rest of the numbers in the book, if we are looking to discuss line items and monies available at this particular time of year, the Audit really does not cover that. That is basically what we do in our unaudited monthly financial statements. If'you would like to hear more about that, we would like to present that next month in our discussion of the Budget where we are bringing those numbers to current status. Mr. Barnard stated let the record show that Ms. Strohm has arrived. liOn MOTION by Mr. Gatti seconded by' Mr. Burgeson[[ with all in favor the Audit prepared by Hoch, Frey Zugman for the Fiscal Year ending September 30, 1997I wa.s approved: ..... FOURTtI ORDER OF BUSLNEKS Consideration of Resolution 98-3 Authorizing Certain Individuals to Execute Public Depositor Report Mr. Petty stated this is a housekeeping issue. With the State of Florida, in the past, it has always been reported to them by the Chief Financial Officer which is Ms. Rhonda K. Archer. What they are asking for now is that the Board so stipulate in an action that they have appointed someone at their request to do that reporting. They can look into the minutes see a name and make sure that name is the one that submitted the report on behalf of the District. Resolution is number 98-3 and I will read it by name "Whereas, Port of the Island Community Improvement District has established the position of Treasurer and Finance Director for the purpose of maintaining the financial records of the District. Now, 2 ;,;lay 21, 1998 therefore, be it resolved by the Port of the Island Community Improvement District Board of Supervisors as follows: 1. The District Manager, Treasurer and Finance Director are hereby authorized on behalf of the Port of the Islands Community Improvement District to execute the public depositor report to the office of the Treasurer as required by Chapter 280, Florida Statutes, and any and all other financial reports required by the any other rule, statute, law ordinance or regulation. 2. This Resolution shall be effective as of the date of its adoption. Mr. Gatti asked why is it necessary now? What is the reason for the sudden move making it necessary to pass such a Resolution? Mr. Petty responded I wish I had a logical answer. This is more of a bureaucracy that had time on its hands and decided that it would formalize a reporting function with a title. Mr. Gatti asked explain this to me in simple language. Who has to sign what and for what reason? Mr. Petty responded the Board has to designate someone at Staff level to sign a Public Financial Report that goes to the State. That is required by all C.I.D.'s. Mr. Gatti asked would that be someone from your office? Mr. Petty responded yes and to designate them by name. Right now the only person that is to be designated by Florida Statue is the Manager. The other titles are those that we apply to various functions. The State is now saying that there must be someone named to fill in this report submitted to them. Mr. Gatti asked from your consideration, who would be the appropriate person in your office to do that. Mr. Petty responded the same person that has been doing it for the last eight or nine years, Ms. Rhonda K. Archer. [On MOTION by Mr. Gatti seconded by Mr. Wolsky with[] [all in favor the Resolution 98-3, Authorizing Certain[[ ]Individuals to Execute Public Depositor Report was[[ ]approved. . ..... ~ FI~rH ORDEH OF BUSINESS Distribution of Proposed Budget for Fiscal Year 1998-99 and Consideration of Resolution 98-4 Approving the Budget and Setting a Public He. axing Mr. Petty stated as is typical of this time ofyear, we have passed before you a draft of the Budget which typically is almost identical to what was approved last 3 'May 21, 1998 year. ~,Vhat we are asking the Board to do is to approve this so that we can now start discussions of the Budget process and submit this as our draft to other Government agencies at this time. It is a formal proceeding to make sure that the copy that is going out to be discussed is the one that the Board would like to be discussed. It is the official copy so to speak. Mr. Gatti asked are we locked into this at this point in time? Mr. Petty responded not at all. This is basically a blank sheet. It has been set upon basically as what was approved last year with any Contract changes that have been approved in the time period between then and now. We are not proposing to you any changes at this time. It will be an item for discussion on next month's Budget. The Resolution that we are asking you to consider is also asking us to set a Public Hearing date for the July period when we would have a Public Hearing for discussion of the Budget again and then an adoption. Mr. Petty stated this comes in two parts. You have Resolution 98-4 and I have a hand out for you which is Resolution 98-5. One is for the Water and Sewer Budget and one is for the Drainage Budget. I would like to read that by Title. Resolution 98-4, A Resolution appro~-ing the District's proposed Road and Drainage Budget for Fiscal Year 1998-99 and setting a Public Hearing thereon pursuant to Florida Law. We would like it if the Board could consider these one at a time. liOn MOTION by Mr. Gatti Seconded by Mr. Wolsky with lall in favor Resolution 98-4, Approving the District'sll Iproposed Road and Drainage Budget and Setting thel] [Public Hearing was approved. Mr. Petty stated Resolution 98-5, A Resolution approving the District's proposed Water and Sewer Budget for Fiscal Year 1998-99 and setting a Public Hearing thereon pursuant to Florida Law. On MOTION by Mr. Gatti seconded by Mr. Wolsky with all in favor Resolution 98-5, Approving the District's proposed Water and Sewer Budget and Setting the Public Hearing was approved. Mr. Barnard stated simply to reiterate, this simply gives us a platform for discussion. We v,~ill look it over during the next 30 days. Feel free to share it with any of your neighbors that would like to look at it. We are open to input. We will 4 'May 21, 1998 have discussions on it at the meeting in June and then we will have a Public Hearing in July to set the Budget. We will have a month to look at it and make suggestion for changes. Look at areas you think may need adjustments either up or down, bearing in mind everything up adds to that number that is at the bottom of page two, the assessment. SIX'I'tt OItDER OF BUSINESS Staff Reports A. Adtorney Mr. Anderson stated only to suggest to you that we have in prior years that during your Budget proceedings you may want to give consideration again to changing the manner in which you collect the standby fees. Instead of collecting them on monthly bills that they be added to your maintenance special assessments. Mr. Barnard asked does everyone remember that discussion or do you want me to go over it. We have a number of standby fees that go in arrears. It was suggested in the past, that we change the methodology of collecting standby fees to instead of making them a monthly fee due on a bill sent that they become a part of the taxing structure of Collier County taxes which would then allow them to be paid whether or not the taxes are through the Certificate Sale process. My two comments remain as they were before when we discussed this. It is great in theory, but if you start collecting the revenues in January you do not get those monies until the following June when the Certificates are sold, how do we operate the Water and Sewer Fund with those shortfalls. Of course, the second thing is I would caution that the Tax Certificate sales are coming up at the end of this month and it is going to be interesting to see whether all of the Port of the Islands Certificates sell. I know of two big players that are not going to be playing and there maybe some others. There are two that have had a very expensive education in the C.I.D. Tax Certificate business and they are two of the major purchases of Tax Certificates. A resident stated I cannot hear a thing back here. Mr. Barnard stated basically I was just discussing the fact by changing the methodology of collecting standby fees, we correct one problem but we create perhaps a bigger problem in that we do not have any operating money in the interim for almost a year and one-half. We have discussed this before. We also are not sure that it is legal. Is that not correct? Mr. Anderson responded it is legal or I would not have suggested it. 5 'May 21, 1998 1 6 G ~ ~ ": Mr. Barnard stated I thought there was some question as to whether or not it could be considered a Non Ad Valorem assessment. A resident asked could you explain the standby fees? Mr. Barnard responded standby fees are fees that everyone pays whether or not they are hooked up to the water system. A resident stated that is the $13. Mr. Barnard stated that is the minimum. You pay it as a minimum. The person that does not have a house there gets a standby fee. A resident stated I do not have a house there. *'Ir. Barnard stated you have a lot then. That is your standby fee. $16-17 a month. That pays for the operation of the Water and Sewer plant assuming no customers. If no one was here, and we built the plant, those are the ongoing costs for the plant. For the usage fees that is paid by the people that use it. Collecting it particularly on some of the larger parcels, is difficult. I would, along in that same vein, I do not want to make an absolute commitment but by the 28th of this month we are very close to signing an Agreement that would allow the solution of one of those problems. Mr. Gatti asked what is the urgency of doing this now given the two scenarios that Mr. Barnard has pointed out. Mr. Petty responded there is not any urgency other than if you are going to consider it you want to do it and adopt it before you have to submit to the Property Appraiser of Collier County for this Fiscal Year which would be sometime over the summer. I do believe it is the end of August that we are required to submit our assessments. We would have to have that in place or we would have to wait again until next year. Mr. Anderson is basically bringing up a point that if we are going to consider it, we should do it during the next couple of month while we are discussing the Budget. As we have talked about in the past, especially with the current condition of usage out there with the hotel being shut down, that we look at this Budget and our usage and do any modifications to the rates that are necessary to sustain the system. With that a look at methodologies would be appropriate. Mr. Wolsky asked what is the difference in doing it the way we are doing it now and not getting the money until next June and doing it in a different way and not getting the money until next June but getting it definitely. Mr. Barnard responded I think the answer is to your last part, "getting it definitely." There is no assurance that the uncollected standby fees will every be 6 'May 21, 1998 collected. There is no guarantee. If it is on your tax bill, it is better guaranteed because of the fact that most of the Certificates have always sold and they probably will this year. People have a feeling that it is a very secure investment and sometimes do not look at the underlying real estate value of what they are investing in. That may not be an appropriate comment. Maybe they do and make a decision that they are making a good investment. Mr. Petty stated it is an evaluation of which is a safer routine. Whether you put it on assessments or you put it on a monthly bill. The other point that is very valid is administratively. During the very beginning of the District we had allocated money to hold this over until the tax bill came in. Our operations were curtailed until the tax money did come in. Once you started the process, it is difficult now to stop one way, run the plant for a period of time without having any income and our monthly minimums are a large part of the operating cost o£ our facility. Mr. Barnard stated I was looking at the bottom line. We actually operated at a marginal profit this year. Mr. Petty stated actually, we did not fulfill all of our Budget categories. If you recall, the one category is $75.000 Reserve revenue for Capital Improvement~. We did not quite fill that. We are still under Budget. We are still short about S140,000 to S150,000 in ball park numbers on what we wanted the revenue to be. That is one of the things we may want to look at and evaluate in the Budget is if there are Capital Improvement Funds that are a short-term bridge for that type of consideration. Off the top of my head, I would say there would be several concerns, but that is part o£ the discussion process that we would have. Mr. Barnard stated just looking at the projected Budget of $140,000 for standby fees, saying in round numbers $12,000 a month which would go as a lien on your taxes on January 1st, the earliest it would be paid is November. We have a minimum of 11 months at $12,000 a month that we have to cover. We know that many people do not pay their taxes until March and some of them do not get paid until June. We have the potential of a minimum of 11 and a maximum of 16 months that we would be going without that $12,000 a month in revenue. I do not know where we would find an alternate source. A resident asked if we do not pay our assessment are you going to put it on the tax roll? Mr. Barnard responded the assessment is a different animal. This is a water and sewer standby fee. It is a basic minimum fee that every owner pays for 'May 21, 1998 the percentage of the ERC's total of the community that they own. It is the basic operating revenue of the plant assuming nobody uses any water. We take that and divide it among everybody. Then we take the water costs and sewer costs of treatment and usage and we charge those to the people who are using them. Currently, we collect that on monthly bills to the owner. Some of those are going unpaid. We have looked into lien rights. We may or may not have the right to lien the property. Is that fair to say? Mr. Anderson responded that is correct. Mr. Barnard stated we may or may not have the ability to collect that lien if it was sent to foreclosure only because those properties have tax liens way ahead of our utility service lien and they might not sell for enough to satisfy even the tax liens. It probably would not at auction, realistically. What we hope for is ongoing development to succeed, create customers, to hook up to buildings that are built. That is why I was announcing to the Board that one of the troubled pieces of property that we have taken over, my partner and I have taken over after three years of non-payment, and we have committed to try and find a way to solve that problem and we are very close. That will take that property out of the non- producing status and make it productive property with water customers and real people paying real taxes which is what we need. A resident stated let me understand the timing point that you mentioned before. In November of this year, we are going to get our tax bill for 1999. Mr. Barnard stated if we were to change the way we collect standby fees, it would not be on your November tax bill. You are going to get your bill for 1998. Taxes become a lien on your property on January i in the year of which they are billed. You do not get the bill until November. It is payable before March, but that is for 1998. We cannot to anything with 1998 standby fees, we are already collecting them or not collecting them. We would be dealing with 1999. Those would begin to create a lien against a property as a part of their tax bill on January 1, 1999. The earliest they would be paid is the end of November when the tax bills go out. We would have at least an 11 month window of no revenue. A resident asked only if they do not get paid, they go on the tax roll or will they all go on? Mr. Barnard responded if we were to change the methodology. You cannot do some of one and some of the other. Mr. Burgeson asked as a practical matter, can we do this? It sounds to me like it is out of the question. Do we have the money? *ir. Barnard responded if we borrow $200,000 to operate in the interim. Mr. Burgeson asked but should we to operate for a year? It is out of the question. *Ir. Petty responded last year, when we looked at the issue we found that we were not in a position to institute this option. That does not mean that we should not look at it possibly during this process. It is good prudence on the Board's part to look at all options on ever.,, Budget item improving their collections and if this proves to be one, great. It would be a very simple task for Staff to come to you and say it would take "x' number of dollars to hold us over to this period of time and whether or not those funds are available from any source that we know of. I am going to tell you, off the top of my head right now, my answer would be the same as it was the last time because I do not know of any matters that have changed. To take from a reserve account from the water and sewer plant, I do not know that I could suggest that to the Board at this time not with the issues as they are. Mr. Barnard stated we do have a reserve in the water and sewer account. Mr. Petty stated we are finally starting to build that reserve. It is supposed to be $75,000 a year and right now we should have four years in there. This is the first year we actually have been able to put something away and I think it is at about $50-55,000 this year. Mr. Burgeson stated again as a practical matter, we can look at it but it sounds as though in reality we could not do it unless we borrowed what ever our Budget is. It sounds to me like we would have to borrow $200,000 in order to do this and then it is still an IF. Mr. Barnard stated if the Certificate does not sell, we are right where we started. Mr. Burgeson stated we are dead in the water. Ms. Strohm asked just assuming that we went with that idea, would it mean that the residents would get a monthly water bill minus the minimum? Mr. Barnard responded yes minus the minimum. Ms. Strohm asked just your usage bill would be monthly? Mr. Barnard responded yes, you would get an annual minimum bill instead of a monthly minimum bill. A resident asked would you explain what these Certificates are that are on my bill? Mr. Bernard responded if any of us in Collier County do not pay our property taxes by March 31st, they become a part of the tax collector's sale. He sells those Certificates at public auction. They go to tha bidder who bids the lowest interest rate and 18% is the maximum. Sometimes they go for 9, 10, 11 or 12. Sometimes they go for 18 depending on the underlying value. If it is a house in Port Royal that did not pay its taxes, somebody is going to bid eight or nine percents. It is a pretty good security for that investment. If it is a piece of swamp land out here, it might be higher. A resident asked are these sold to individuals? Mr. Barnard responded sold to individuals. There are some major corporations that purchase the larger ones. Individuals, as a general rule, do not purchase Certificates of $150-175,000. A resident asked is somebody is going to buy the Certificate on this land. Mr. Barnard responded they have every year since 1994 from the time it was originally sold at auction. All of those Certificates have built up to a total of about 8800,000 on one piece of land. Ms. Marchand stated going back to the switch in methodology. Is it possible to switch, what I think of as standby fees--in other words is property not occupied as opposed to occupied properties--leave the minimum on all the existing properties to be send out with the bills and just switch to standby's. Then when the property is developed, it switches back to an ongoing and it becomes a minimum to that particular owner. Would that be a bit of a balance because more and more is being balance. Mr. Petty stated part of the reason behind the standby and there is a lot of different ways you can address the fairness of allocation of cost. In this case, the landowners had come to the District and had requested that water and sewer facilities be built to handle the entire development so that all parties here under could be declared as improved property and development could go on easily. That means the costs of operations are le~timately applied to those parcels that are now improved. One way to look at it, and I am going to talk again in generalities, in other locations they have done what Ms. Marchand has suggested wherein as you hook up a meter that is when your monthly minimum starts. What they also do is when you ask for a new meter, you get an impact fee to cover your cost of building that facility because the existing owners are covering that burden until they come on-line. There is usually another financial impact. In our case, since it was already asked for by the landowners for that improvement, the cost was borne at the same time and that was part of the methodology. That is kind of the history of it and I hope it addresses your Budget concerns. 10 Ms. Marchand asked can it be changed? Mr. Petty responded certainly, it can be changed by this Board if they see a better way to do it or an error in the past or a corrective measure or changes in the design. Mr. Barnard stated I think the last time we discussed this, I believed your opinion was it had to be uniformed methodology. It could not be one thing for people with meters and something else for people without meters. Am I wrong? Mr. Anderson responded I do not remember discussing that distinction. Mr. Burgeson asked would this be a bookkeeping nightmare? Mr. Petty responded it would not be a bookkeeping nightmare. Again in generalities, if we did what Ms. Marchand had mentioned, what would happen is the existing homeowner's bills would probably triple. Mr. Barnard stated I think we are misreading her suggestion. Her suggestion is to maintain the monthly minimums or standby fees on the meter reading bills so that the portion of the 8140,000, whatever it might be and maybe it is not in the standby fees,--it probably is not, it is? Mr. Petty responded monthly minimums are the same. Like you said, there are just two different names. There is a monthly minimum and the standby fees. Mr. Barnard asked in the $140,000 Budget does that include both standby fees on unbuilt parcels and monthly minimums on metered parcels? Mr. Petty responded yes. Mr. Barnard stated theoretically, what she is saying is could you keep doing that on the people with meters where you have hammer, called turning off the swdtch, for that portion of the revenue coming in by the month. With the large parcels that are in arrears, change the methodology on those parcels or on the unbuilt parcels to collect on the tax roll. Mr. Petty stated I thought you would pay at the time of connection. Ms. Mr. Ms. arid sewer our usage. fees--have it collected along with the tax stuff. are developed, they switch to a regular bill. Marchand stated I have already paid that. Barnard asked am I correct? Is that what you meant? Marchand stated it means payment of the maintenance of the water plant. We, as a homeowner, pay it on a monthly basis and we pay for On the undeveloped parcels, we call the standby fees--if it is standby If it is an ex/sting one or as they 11 ' May 21, 1998 Mr. Barnard stated I would like to get a consensus to direct Staff to look at the fiscal impact of moving only the standby fees on undeveloped parcels, which are considerable of that $140,000, it might be $80,000 to $90,000 but, moving those only to a Non Ad Valorem assessment on the tax rolls and maintaining the monthly minimum portion of the standby fees on the ongoing water bills. Assuming that Mr. Anderson thinks that a duel methodology of collection would past a test. A resident stated I do not know why that would not work as far as bookkeeping because some of us can pay off our taxes. Mr. Barnard stated bookkeeping would be a minor problem. The big problem is whether or not it is legal to do that. The second problem is can we even wait that long for that portion of the money. If it is not 8140,000 and it is only 890,000, can we surwive without the 890,000 for the 15 or 16 months that it takes to that tax sale. Mr. Wolsky asked ifa standby fee becomes due at the end of this month and that is not paid until next June, does interest accrue? Mr. Petty responded no. Mr. Barnard stated that may be part of our rate setting that we are going to look at this summer. We may deride that they do accrue. There is only one that I know of that accrues interest. Mr. Petty, could you have somebody put together a schedule showing us what the impact of that would be. Mr. Petty stated we can show financial impact. I would defer to Mr. Anderson for the legal side. Mr. Barnard stated we would still have to wait to see whether it is legal or not. There not being any, the next item followed. C. Manager There not being any, the next item followed. SIXTH ORDER OF BUSINESS Supervisor's Requests and Audience Comments Mr. Gatti stated getting back to the Engineer. We had a meeting earlier today with South Florida Water Management and Collier County and I was talking earlier about this. There is a natural pollution discharged from it which we have avoided the bullet here in Collier County because of the population size, but this spring Collier County will give notification from the Federal Government May 21, 1998 that we have to comply ~Sth that permit. The impact on the C.I.D. is that Collier County will act as the umbrella permit person. We have the choice of joining them, which I think would be very wise, but all of the Cities, which would be Everglades City, City of Naples and Marco and the County will be under this umbrella including all the existing C.I.D.'s which brings us into the ball game. I guess you have had experience with this before and it is not a significant number. Mr. Petty stated typically it is not. Mr. Gatti stated this has to do with water run off and we will be faced with a little bit of it and some eng/neering work. Mr. Petty stated it is funny how they have found Port of the Islands and they appear to like us a lot. They want their fees and Collier County is being hit, as you said, with NPDES. I am familiar with it in other Counties and typically you try to get into an umbrella group. It affords you some protection from the bureaucracy as well. Mr. Barnard stated we are fore-warned. A resident asked what are the disadvantages of doing this? Are there any? Mr. Barnard stated if you do it on your own, you have all your own reporting and all your own testing. Mr. Gatti stated if you do it on your own, you have to incur all the expenses. You have to conduct so many tests, say 10. If you do it individually, you have to perform the same 10 test. It behooves us to go under the County umbrella. Mr. Wolsky asked if one of the properties has a Tax Certificate sale and it has built up and it does not sell, does it have to go to auction? Mr. Barnard stated if it does not sell, it goes to Collier County. They automatically get the Certificate and then in three years Collier County will have an auction sale. Ms. Marchand asked is it two years? Mr. Barnard responded three years after the tax are due and two years after the Certificate is acquired. A resident stated if we have a lien on that property, is it possible that we loose that lien because the funds may not suffice. Let us say a new owner comes over and says, "okay, turn on my water." We have lost this money on the Tax Certificate. Do we have to turn on the water? Mr. Barnard stated I have always said that was our back-up before you could get service, but on the token by paying the tax lien he has paid for the May 21, 1998 creation of the facilities and paid his share by paying the taxes even though he did not pay the standby fees. I would sure try. Mr. Anderson stated we would try. That is one of the benetSts that we would have if the standby fees where part of the maintenance special assessment. Those have to be paid v,-ith the County taxes. Mr. Petty stated that is one of the advantages. Ms. Wolsky stated we always seem to be in need of reserves. Is there anyw,'ay they can put a small about in the Ad Valorem Assessments to everyone's tax bill that we could build up a reserve for our roads and etc. Mr. Barnard stated part of your Ad Valorem taxes include our maintenance costs which include those reserves. Mr. Wolsky stated but we are not building up the reserves. Mr. Barnard stated we are not always collecting all of those reserves. Although on the maintenance portion of it and the general fund, we do not have any collections in arrears on those because those Tax Certificates are already sold. Let us just take a number, the Budget project $234,000 a year and say you add S10 per assessment unit for a reserve account. Is it legal? I do not know. Mr. Petty stated reserve is a legitimate expense in a maintenance Budget. Mr. Burgeson asked say you are going to allocate $10 for a reserve for roads, is there any way of guaranteeing that it would go for the roads? Mr. Petty responded there is no way to guarantee that this Board would not allocate it in the way they deem fit in some future circumstance. That power is always by the same Board and no past Board can prevent that. Mr. Barnard stated theoretically it could be a non-defined non-specified reserve. Mr. Petty stated it could be a very specified reserve going into its own account. But under emergency conditions, the Board has to do what it deems necessary. Mr. Barnard stated if the water plant breaks down and you need 14 new pumps and you only have money in the road account. ~ls. Marchand asked in the existing maintenance fee, is there a specific amount allocated right now for any type of reserve. Air. Barnard responded yes. Mr. Petty stated let us keep in mind we are talking about two different Budgets. Are you talking about the Drainage Budget, right now? 14 ,Ms. Marchand responded we are talking about the maintenance fee, are we now? What is in the maintenance fee that could be described in whichever format as a reserve? Mr. Petty asked are you talking about the assessments for the drainage program that you pay yearly on your tax bill? Mr. Barnard responded yes. ~Ir. Petty stated there are some capital expenses in there for road and drainage upkeep, but there is not a reserve that is carried forward from year to year and being built upon. In other words, if you had $5,000 in it last year and did not spend it you do not have S5,000 for that same purpose this year. Ifyou did not spend the money this year, it rolls back into the General Fund and gets spent or is in a reduction in your assessments for this year. A resident stated approximately what would it cost to resurface these roads now if they had to be done? Mr. Wolsky asked how many miles do we have? Mr. Barnard stated depending on what you define as roads, on the South side of the property we have approximately 4.4 miles. On the North side we have about 1 mile. A resident stated rather than wait for the roads to become really deteriorated to the point where they would have to be replaced and you resurface them every once in a while, let us say it is going to cost $100,000. At the present time, is there any money? Mr. Barnard stated I believe there is $10,000 in this yeaFs Budget for road repairs. A resident asked how much? Mr. Barnard responded $10,000. If situations are created where roads need repairing, rather than going out and doing them all, we would go, just like you would answ~,here else, and repair the problem. We used $20,000 one year for resurfacing of the entrance down to Sunrise Cay where the road had deteriorated and we also paved the North entry road at the same time. Mr. Gatti stated it would be less than $100,000 ffyou had to do everything. A resident asked is there any legal way that we can set up a dedicated fund for resets'es for the roads? ~Ir. Barnard responded we certainly can do that, but there is no assurance that the money will be spent for the road and it will not be needed for something else. May 21, 1998 Ms. Wolsky asked can we raise the Ad Valorem taxes a little bit for each property owner that at least it would start some kind of reserve fund for road or pumps or whatever. It seems these reserves are very low. Mr Petty stated when it comes to p-raps, we do have a reserve built in to the fees which we are just beginning to be able to put in for payment. You have to remember there is two parts to the equation. One is are the people going to pay and the other one is can you hold the money for the reserve assigned it. We can do all that. It is a consideration that you would normally take during the Budget process which will be ongoing over the next 60 days. It will be at this meeting, next month's meeting and the Public Hearing Meeting in July. Ms. Strohm asked since the roads are being torn up by the heavy trucks coming and going and not by the residents, I was just wondering if the Contractors or the Builders contribute anything to the Community? Mr. Barnard responded they pay a major portion of your maintenance fees. Ms. Strohm asked the Contractors? Mr. Bernard responded the Developers, landowners. Assuming you have one assessment unit, your house and it pays $230 a year. The Developers pay for all their units, so they certainly pay a large share. Ms. Strohm stated you are just saying it is for what they own. Ifyou own l0 shares, you are going to pay for 10. If you own 500, you are going to pay for 500. What I am sa54ng is are they contributing because they are building part of it, there is nothing extra. Am I right? Mr. Bernard responded right. A resident asked could I ask the Board to consider establishing $25 per unit/per house to be over the next two years to build up $100,000 so that at some point in the future as the roads need to be redone they can be. Mr. Bernard stated personally I would be opposed to that, but we certainly will consider it. A resident stated I did not hear anyone in the neighborhood saying the $25 a month is excessive. Mr. Barnard stated it is simply a matter that we do have a reserve fund for it. We do have a Budget every year that covers the cost of road maintenance. We have not spend it yet. If we budgeted $20,000 next year, that would be twice as much as we ever have had budgeted. If we have an area that needs repairing, we could probably easily do it and keep it up on a year to year basis instead of getting us this war chest for something that may or may not happen to me is not fiscally 16 · May 21, 1998 responsible. That is my opinion and we should not be doing opinion hear, so I take that back. We will certainly consider it in our budgeting and I am sure it will be discussed. A resident asked Mr. Anderson, in the setting up of the C.I.D. Statute whatever laws established the C.I.D., is there any requirement in those Statutes for the established of the reserve fund for various purposes? Mr. Anderson responded not in Chapter 190 which established the District, I do not believe there is. Mr. Petty stated there is a due diligence in the review of operations and maintenance signed off by the Engineer which we do every year that I am aware of. This is more of a procedure of methodology than it is a requirement. Mr. Barnard stated we are governed by the Engineer's Annual Report. I realize that there is some difference of opinion as to whether or not the Engineer's Report is accurate. Each year the Engineer has given us a report that we rely upon saying that the roads are in good conditions and that the amount of money that we have set aside is sufficient to handle the problem. Maybe we need a new Engineer. I do not know the answer to that. Maybe we need to give him further direction, but until you get a report that your roads are in such a condition that it appears that in five years they are all going to fall into the waterway and you need to go back and re-build them all or whatever, you have to rely on his report assuming that we do not change Engineer's. Maybe this year's report will say something different. A resident asked have all the roads on the South side been turned ever to the C.I.D. Mr. Barnard responded all that have been completed to this date, yes. A resident asked is it dangerously high percentages of our total cost associated with standby fees or potential deadbeats that would have something to do with allocating money certainly for a specific project when some other may clear their heads? Mr. Barnard responded I am not sure of your definition of the term "deadbeat?" A resident stated people are not paying their bills or are unlikely to pay their bills. Mr. Barnard stated the bills that are not being paid effect only the water and sewer portion of the Budget, not the General Fund. It has nothing to do with what 17 we are talking about. There is every assumption that those will be paid when then properties are ready for development. A resident asked is there anything being done or can be done in regard to health hazards due to non-operation of the hotel, specifically about potential mowing? Currently, just the conditions of the pools? Ms. Strohm responded I know for a fact that Ms. Wong has ordered fencing to go around the entire property and I believe they were even out there measuring today. I image within the next two to three weeks a chain-link fence will be around the entire property. A resident stated that will not keep out the algae or misquotes, what is being done in that regard? Several residents stated I thought that she was going to drain the pools. Ms. Strohm stated I do not know about draining the pools but I know she is fencing everything in. Mr. Barnard stated Collier County Health Department would be the appropriate people to contact if you think there is a health hazard. They are the people do to that, we do not. We do not have the authority or the ability or the staff. A resident asked when we built our home, we had a covenant that was given to us to go by and there are so many people that have built that do not have one and people have been asking questions about. Is there anyway that we can get them a copy. Mr. Barnard responded we have this wonderful entrepreneurial enterprise here which is a community service, non-profit organization it is called Port Cablevision and every day on there it tells you about your Deed restrictions and your covenants and it says if you do not know what they are and you do not have a copy of them come and see TOM. Ms. Strohm stated they are not reading your ad. A resident asked let us get back to the hotel. Did you say they are putting up a chain-link fence up around the project? Ms. Strohm responded I do not want to be quoted but first of all I do not know if we want to discuss this, it has nothing to do with the C.I.D. but I will gladly answer it for you after the meeting. A resident asked when the water and the sewer plants were built, it was with the max/mum usage that would be permitted on this property overall. Mr. Barnard responded not necessarily. It was originally designed to 100% build-out. ~,~'hen the bids came in, we did not have enough money and there was ' May 21, 1998 at that time a small improvement which would be needed. There is some additional that would have to be done to the sewer plant. Water capacity is available for build-out. The sewer plant would need some improvements, some expansion, but we are a long way from that. A resident stated I read in a newspaper, and of course there is no way to -know the accuracy of this, that the plans for the South hotel will be to increase from 173 rooms or units to 250 and I wondered if the additional 80 units will line up with what is permitted by the C.I.D. Mr. Barnard stated as long as they took it from the North hotel and closed down 80 rooms or 50 rooms or whatever that would be. We would be happy to have a producing hotel of any size and we v,511 work with them in any way we can. A resident asked would they be permitted that they could keep the North hotel open and just add 80? Mr. Barnard responded if they exceeded the number of ERC's that they have assigned to their property and could not transfer or acquire other ERC's from other properties, then they would incur an impact fee. That impact fee could be up to as much as the cost of expanding plant. We would probably try to do something more reasonable and fair, but if it was going to take $200,000 to expand the plant and their development was going to cause us to go over the rated capacity and spend that $200,000, you might decide that they impact was $200,000. Mr. Bissell asked I just became a resident of Florida in December so I do know all your rules and regulations. When you build a new development, the roads, the infrastructure, where I came from the Developer paid for the streets, the water and sewer. Is that the way it is here? Mr. Bar-nard responded in the case of new developments, yes. In some of the older developements, the Bond issue paid for some of the roads. That is the way it was set up. Is that correct? Mr. Petty responded yes. But again, the Developer pays the larger share typically. The concept in Florida is growth pays for growth. That is what the State has applied and that is basically how we work here. Whoever owns that property and in most cases it is the Developer for the life of the Bond issue or note for the way of financing those roads. Even though you are paying for part of it on your assessment, the lions' share was still paid for before you and you only pay for the benefit that you receive while you are here. A resident asked what is the news on the gas station and convenience store. Mr. Barnard responded I saw the sign and it says coming soon. A resident asked can you give us a quick update on what is going on with this piece of property that is so far in arrears. Mr. Barnard responded I cannot say anything official fight now other than it is very close to a solution. A resident asked what is happening to the signs. I know we ordered them. I know they were made but they have not gotten up on the poles yet. Mr. Barnard responded many of them are. Drive around take a look. They look nice. We have a couple of neighborhood watch signs we are waiting for Mr. Berger to tell us where to put them. Mr. Petty stated they are up. Ms. Strohm stated they look very nice. A resident stated I found an old document when I was cleaning out my desk. The C.I.D. has issued Bonds, and this goes back to the ones we are paying off, for the construction of certain marine recreational facilities within the District. Mr. Barnard stated it did not happen. We reallocated those funds to the sewer plant. A resident stated there are no marine facilities. I did not find any. Mr. Barnard stated under the original concept, the District was going to put in some new docks at the marina, $250,000 worth. The Developer was going to lease those back for 20 years at a rate of return to give up 10% return on those Bonds and then there was a little thing at the end. At the end of that time, the Developer would by them at fair market value. When I came and took over the property, I looked at 25 years if there are not any not any other docks anywhere else in Collier County fair market of those docks might be $10,000,000. I did not think it made sense and we need the $250,000 to build the sewer plant so we did away with that part of it. A resident asked how many units are designated or have been designated by the C.I.D. for the North property that may or may not be sold soon? Mr. Barnard responded it depends on what you mean designated. Tax assessment units, I believe there are 158 ERC's. I believe there are 117 but those are numbers from the top of my head and may not be perfectly accurate. The number of units that would be built there, would be dependent on how the breakdown of the units, whether they are small units, big units, one bath, two baths, four baths, whatever. 'May 21, 1998 A resident asked is it correct that the commitments made by the potentially coming soon gas station was that they needed to have it in or break ground by June of this year? Mr. Barnard responded break ground by June of this year. There is a penalty but I do not know if it is enforceable. A resident asked so it is not true that they have a commitment to having it built soon. Mr. Barnard stated I do no know that it is not. I just do not see it happening. A resident asked what was the answer about signage. Are they up? Mr. Barnard responded the signs are up. Everything we have is up. Mr. Petty stated we have one spare. Mr. Barnard stated we have a spare in case someone steals one. A resident asked which one is that? Mr. Petty responded a neighborhood watch sign. Mr. Barnard stated they get stolen a lot. Ms Marchand stated there is one coming in on the North entry indicating RV Park and Gun Club. Could I make a request to have one more so that people would have some idea once they turn that they are indeed going in the right direction? Mr. Barnard responded we would be happy to have you place a sign there and we would be happy to give you the name of our sign company so you could match all of our others. I am just being facetious. Are we providing directional signs for businesses? Ms. Marchand stated it is not directional. It is the same format. Mr. Barnard asked what does it say? Ms. Marchand responded there is one coming up the Boulevard and then there is one after you turn left and it said RV Park and Gun Club, same thing as the one at the entrance but it is in gross disrepair. We took it down today because it looks worse. Can it be possibly replaced. Mr. Petty stated it is not a District road so we can not put signs there. Our property goes to the right not to the left. I do not have an easement over that portion. 21 'May 21, 1998 ~'TIt ORDER OF BUSLN'ESS Approval of Invoices On MOTION by Mr. Gatti seconded by Ms. Strohm with all in favor the invoices for April 30, 1998 in the amount of $16,035.99 and for May 14, 1998 in the amount of $14,218.91 for the General Fund; and invoices for April 30, 1998 in the amount of $15,807.85 and for May 14, 1998 in the amount of $35,022.83 for the Water and Sewer Fund were approved. Mr. Barnard stated Ms. Marchand we would like to publicly thank you your hospitality. Ms. Marchand stated we have coffee and peach cobbler set up for after the meeting. A resident asked where will the next meeting be? Mr. Barnard responded we are just getting ready to discuss where the next meeting will be. Ms. Marchand stated this room is available for you. Mr. Barnard asked what were we previously paying for the hotel? Mr. Petty responded I believe it was $50 a room. Mr. Barnard stated I would like to hear a motion to pay that for the use this room. liOn,. IO i ION by Mr. Gatt~ seconded by Mr. Wolsky withl[ [Jail in favor the meetings will be held at the RV[[ l[Recreation Hall for the paym.ent of $50 was approved. ~ Ms. Strohm asked will that include the peach cobbler next month? Ms. Marchand responded we will try and surprise you with a different one next month. The meeting was adjourned at 5:08 P.M. Chairman Thursday May 21, 1998 4:00 P.M. 2. 3. 4. o AGENDA PORT OF THE ISIANDS C OM2VItJN1TY IMI~RO~ DISTRICT RV Recreation Hall 12425 Union Road Naples, Florida Roll Call Approval of the Minutes of the April 16, 1998 Meeting Acceptance of Audit for Fiscal Year Ended September 30, 1997 Consideration of Resolution 98-3 Authorizing Certain Individuals to Execute Public Depositor Report Distribution of Proposed Budget for Fiscal Year 1998-99 and Consideration of Resolution 98-4 Approving the Budget and Setting the Public Hearing Staff Reports A. Attorney B. Engineer C. Manager Supervisor's Requests and Audience Comments Approval of Invoices 9. Adjournment NO'rE TO AI,I, ~~G A'ITENDEES: Please identify yourself each time you speak to fa~liLate [xansc~pfion of meeting minutes. Thank you for your assistance. Naples Oatly Ne~s Naples, FL 33940 Affidavit of Publtcattc~n Naples Daily News PORT OF THE ISL~NOS 10300 el'.J 11TH CORAL SPRD~S FL 33071 REFERENCE: 010948 57691422 Notice Cf Heetirg Po State of Florida County of Collier Before the undersigned authority, personally appeared fl. Lamb, who on oath sa/s fha: she serves as the Assistant Corporate Secretary of the Naples Daily N.~s, a dnily newspaper publ(she~J at in Collier Co~Jnty, Florida: that the attached copy of advertising uas published in ~a~d newspaper on dates listed. Affiant further says that t~e said ~aple~ Oatly H~s is a n~s~per ~blished at Naples, in said ~ollier C~nty, Florida, a~ that the said nevs~per has heretofore been continuou$l% publish~ tn said Collier C~nty, Florida, each day a~ has been entered as second class ~tter at the ~st office ~n Naples, tn said Collier C~nty, Florida, for a pert~ of 1 year next prec~i~ the first ~bltcation of the attach~ copy of advertisement; a~ affiant further says that she has neither pa~d ~r promis~ any person, firm or co,ration any disc~nt, rebate, c~isston or refund for the put,se of securing this advertisement for publicatt~ in the said newspaper. PUBLISHED OFF: 05/14 AD SPACE: 61.000 INCH FILED ON: 05/14/98 S~orn to and Subscribed before me this ,/~7/ Perscnally kn~n by me /"\"0'~/ q/- /~ 0120 ,once OF BEET~NG Notice Of Meeitr~ , Port o~ It~ Islands Community I~eme~ OIs~ The ~d ~ C~mu~ ThUSly, ~Y ~1, 19~ ~e RV Re~ 12425 Unl~ R~, will be conducted ~C~nCe w~ ~e C~mu~i Oevel~me~ ~e~t~ $ will p~lcl. e~d ~ (~ m~ic~. ~ dl~l~ ~ phil(al (9~) 7~3~ ~ I~t five me~l~. E~h ~r~ ~ d~ld- re~e~ ~ ~Y ~m rec~d ~ ~e ~o- ceedlngs I$ moOe, Including ~e o~ ~lde~e ~ which such ~peol is to be f~ 14 NO. MEMORANDUM DATE: TO: FROM: RE: April 22, 1998 Board of Supervisors Port of the Islands Community Improvement District Darrin S. Mossing District Accountant Fiscal Year 1997 Audited Financial Statements Enclosed please find Fiscal Year 1997 Audited Financial Statements for Port of the Islands Community Improvement District for your review and approval at your next Board of Supervisors meeting. Should you have any questions please do not hesitate to call me. CC: Gary L. Moyer R. Bruce Anderson Ron Benson PORT OF TIlE ISLANDS COMMU~'ITY I,IPROVEMEN-F DISTRICT GENERAL-PURPOSE FINANCIAL STATEMEN'FS YEAR ENDED SEPTEMBER 30. 1997 AND IN'DEPENDENT AUDITORS' REPORT PORT OF TI IE ISLANDS COMMUNITY IMPROVEMENT DISTRICF TABLE OF CONTENTS YEAR ENDED SEPTEMBER 30, 1997 Independent Auditors' Report General-Purpose Financial Statements: Balance Sheet - All Fund Types and Account Groups Statement of Revenues. Expenditures and Changes in Fund Balances - All Governmental Fund Types Statement of P. evenues, Expenditures and Changes in Fund Balances - Budget and Actual - General and Debt Service Funds Statement of Revenues, Expenses and Changes in Retained Earnings - X. Vater and Sewer Enterprise Fund Statement o£Cash Flov,'s - Water and Sewer Enterprise Fund Notes lo Financial Statements Independent Auditors' Report on Compliance and on Internal Control Over Financial Reporting Auditors' Management l.etter Supplementary Data: Water and Sewer Enterprise Fund: Schedule of Revenues and Expenditures - Budget and Actual (Budget Accounting Basis) Debt Service Ft, nd and Capilal Projects Fund: Schedule of Cash Receipts and Disbursements- Restricted Accounts 2-3 7 g 9-16 17-18 19- 20 21 22 lloc~t, Frilly & Ztro~la..~, CPA's C£RTIIrI£O PUBLIC ACCOUNTANTS D^v~t:, B. Zuo~..~. CPA. I::A. ,./.ny $~nh~, CPA. P.A. D^v~D B. BL~C~. CPA. [:A. F.at~F.~¢~ S. WF.~:;sr~.~.~. CPA. TOWER Dccernbcr 18, 1997 I~DEI'ENDEN'F AUDITORS' REPORT 'ltle Board of Supc~'isors Port of the Islands Community Improvement District Naples, Florida ',,Ye have audited tile accompanying general-purpose financial statements of Port of tim Islands Improvement District as of and for tile year ended September 30, 1997, as listed in the table of These general-purpose financial statements are the responsibility of tile District's managcmcnt. responsibility is to express an opinion on these general-purpose financial statements based on our audit. We conducted our audit in accordance wilh generally accepted auditing standards and tile standards applicable to financial audits contained in Govermnent Auditb~g Standards. issued by the Comptroller General of the United States. Those standards require tha'. we plan and perform thc audit to obtain reasonable assurance about whether the general-purpose financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the nmcunts and disclosures itl tile general-purpose financial statements. An audit also includes assessing ti~c accounting principles used and significant estimates made by management, as well as evaluating the overall general- purpose financial statement presentation. We believe that our audit provides a reasonable basis fi~r our opinion. As discussed in Note 7 to tile financial statements, certain errors in the application of accounting princ:p;cs which resulted in misstatements of contributed capital in the Water and Sewer Enterprise Fund x~crc discovered during the .,,'ear. Accordingly. contributed capital has been restated and an adjustn:cnt has hoer, made to retained earnings as of October l, 1996 to correct the errors. In our opinion, tile general-purpose financial statements referred to above present fairly, m all malcrml respects, tile financial position of Port of the Islands Community Improvement District, as of September 3n, 1997. and the results of its operations arid tile cash flows of its Water and Sewer Enterprise Fund fur Iht )'car thcn ended in conformity witil generally accepted accounting principles. -2- Port of the Islands Communi~' Improvement District December 18, 1997 Page Two In accordance v;ith Government Amtiting Standards, we have also issued our report dated December 18. 1997 on our consideration of Port of the Islands Community Improvement District's internal control over financial reporting and our tests of its compliance with certain provisions of laws, regulations, contracts and grants. Our audit was conducted for the purpose o£ forming an opinion on the general-purpose financial statements taken as a whole. The supplemental' data listed in the table of' contents is presented for purposes .f additional analysis and is not a required part of' the general-purpose financial statements of Port ,f thc Islands Community Improvement District. Such information has been subjected to the auditing procedures applied in the audit of the general-purpose financial statements and, in our opinion, is fairly presented m ail material respects in relation to the general-purpose financial statements taken as a ,.,,'hole. ItOCH, FREY & ZUGMAN Certified Public Accountants -3- Ilocit, FRg¥ ~,: ZUO.'.IAIw, CPA's - 4 - lloc~l, I:}t~,.¥ & Zuo.',t,xN, CPA's PORT OF Ttl E ISLANDS COMMUNI'FY IMPROVEMENT DISTRICT STATEI',,1ENT OF REVENUES. EX. PENDH'URES AND C! IANGES IN FUND BAI.ANCES ALL GOVERNME~M... FUND TYPES YEAR ENDED SEPTEMBER 30, 1997 Debt Capital General Service Projects . Fund Fund Fund Totals (Nlemorandum Only) ..... REVENUES Special assessments S239,152 S 773,845 S1,012.')97 Interest 5.172 43.746 S2.983 ... Total P, cvenucs 2aa.327 817.591 2.983 EXI:'ENDITURES Current General Government Personal services Operating Total General Government Flood Control Personal services Operating Tolal Flood Control Debt Sen'ice Principal Interest and fees Total Debt Se~'ice Capital Outlay Total Expenditures EXCESS OF REVENUES OVER/(UNDliF',) EXPENDITURES 4,200 53.333 57.533 53,197 111,032 164.229 250,000 9 9 221.762 22.565 $216.171 9 . 9 . 553.616 803.616 803.616 13,975 1.009.303 S!.023.278 250,000 9 9.040 9.040 (6,057} 62.838 $56.751 Fund Balances - Beginning of Year FUND BALANCES - END OF YEAR 53.197 III~L[2 . 16.1,222~ 553.010 1.034,4[~ · 51 1he accompanying notes are an integral part o f these financial statements. -5- llocn, FI¢Z.:¥ 8,: Zco,'-L&N, CPA's 'rilE ISLANDS COMMUNITY IMPROVEMENT DISTRI(.'I' itl(', PORT OF STATEMEN'F OF REVENUES, EXPENDIIURES AND ClIANGES IN FUND BALANCt!S-" BUDGET AND ACTUAL GENERAL AND DEBT SERVICE FUNDS YEAR ENDED SEPTEMBER 30, 1997 REVENUES Special as.~ssmcnts Interest Total Revenues EXPENDHURES Current General Government Personal scr~'ices Operating Total General Government Flood Control Personal services Operating Total Flood Control Debt Service Principal Interest and fees Total Debt Sen'ice Total Expenditures EXCESS OF REVENUES OVER/(UNDER) EXPENDITURES Budget $236.228 3/L~ 2L9,228 6.000 .%.632 General Fund Debt Service Fund Variance Variance Favorable/ Favorable/ Actual . {Unfavorable} ._[lxkdgc. t_ Actual {Ur~favorablc) $239.152 $ 2.924 $727,700 $ 773.845 %.16.145 5.175 2.175 36.000 ___4_ 3..74(, _..7.7._~f_, ~ 5.099 763.700 ¥ 17,591 .SJ. 2~2J_ 4.200 1,800 53.333 3.299 .......... 57.,~ 5.099 ..... 9 ........ 9 .._ 9 51,016 53,197 (2,181) 125.580 111.032 14.548 176.596 164.229 12.367 o 9 2~22g 22_L762 17.466 Fund Balances - Beginning of Year 193.600 FUND BALANCES - END OF YEAR 230,000 250,000 120.000) 544.050 553.616 (9.566) 774.050 803.616 ±29,566) 774.050 803.616 0 22,565 22,565 (10,350) 13,975 24.325 193.606 q $193.606 $216.17l $22.565 1,009.303 ._Lo¢)'L303 ...... 33 $ 998.953 51.023.278 $ 24.32fi '1 he accompanying notes arc an integral part of these financial statements. -6- lloc~t, Far.¥ & Zuo,'q,~,,/, CPA's I'ORT OF TIlE ISLANDS COMMUNITY IMPROVEMENT DISTRICT STATEMENT OF CAStl FLOWS WATER AND SEWER ENTERPRISE FUND YEAR ENDED SEPTEMBER 30, 1997 CASII FLOWS FROM OPERATING ACTIVITI ES Operating loss Adjustments to reconcile operating loss to net cash provided by operating activities: Depreciation (lncrease)/decrease in assets: Accounts receivable Prepaid expenses Increase in liabilities: Accounts payable Customer deposits Due to other funds Total Adjustments Net Cash Provided By Operating Act'vmes CASil FLOWS I:ROM CAPITAL AND RELATI£D FINANCING AC'I IVl'l IF.S Purchases of equipment CASH FLOWS FROM INVESTING AC'I'IVI'FIES Interest earnings NET INCREASE IN CASit Cash at Beginning of Year CASII AT END OF YEAR $139,150 (51.384) 3.298 11,878 3.25O 4506 % 1 7 ~,.7-t/, I _I !0.62,5 "(,.952 It). 106) _ 27.362 ._~1.749 569.111 NONCAStt INVESTING, CAPITAL AND FINANCING ACTIVITIES Property and equipment received as contributed capital 5U4,4(,4 The accompanying notes are an integral part of these financial statements. -8- lloc~i, FRg'~' & Zuo~,ta2,r, CPA's I'OR'F OF TI IE ISI,ANDS COMMUNITY IMPROVEMEN'I' I)ISTRI( 'T NO'I'F,S TO FINANCIAL STATEM EN'IS SEPTEMBER 30. 1997 NOTE I - NOTE 2 - REI'ORTING EN'ITI'Y Port of tee Islands Community Improvement District (the l)istnct) :vas created September 16. by Ordinance 86-64 of the Board of County Commissioners of Collier County. Fh~rida, pm suant thc authority of Section 190 of the Florida Statutes for the purpose of establishH~g and a water and sewer system, road and drainage systems, and other systems and facilities as in that statute, in order to determine and define the reporting entity, tile l)lslrlcl applies thc provisions set forth in Governmental Accounting Standards Board Statement Nu. l.l." Financial Reporting Entity" (GASB (;ASB 14 states that the reporting entity consists of the primary govemmcnt, orgamzal,m,; fi, ~}uch the prima~ government is financially accountable, and other organizatm.s ~tuch ~h,, dd bc included because of the nature or significance of their relationships with thc pt,,ary g,vc~ ~mcnl. 'Ibc District is thc primal' go~'cmment and lhere arc no olhcr orgamzmions mclmlcd ~n ;ICC,,[~I311CC with (;ASB 14. All activities of thc District arc included in thc funds described m N.Ic 2 t,ch,,.,. SU,IMARY OF SIGNIFICANT ACCOUNTING POLICIES 'Ibc accounting policies of Port of the Islands Community Improvement [hsl~ict confi,rm I. thc generally accepted accot:nting principles (GAAP) as applicable to governments. 'lhe fifil,..~ m,_, ~ a summary of the more significant policies: (,)'v I:R. NMI:~FAL FUND TYPES G F. NI'~RAL FUND Thc General Fund is cstabhshcd to account for ali financial transactions not p~opcrly accountctl fi)r in another fund, I)EIYI' SERVICE FUND The Debt Sep.'~ce Fund :s used to account for the accumulatmn of resources f,r. and thc p:(. mom of. general hms-term debt ?r:ncq>al and mlerest. ('AI'I'I'AL I'ROJEC*FS FUNr) Ti~c ('ap~tal l'rojccts [:umt ~,; uscd to account for financml resources used fl)r 1he cexnsht~clum t)l' flood control facilities and reit:ed land m~provements and those constructed for thc xvatcr a~:d ~.:'...'c~ system. -9- lloc~t, Fane 8,: Zuo.,,t,~,¢, CPA's PORT OF TIlE ISLANDS COMMUNITY IMPROVEMENT DISTRICT NOTES TO FINANCIAL STATEMENTS SEPTEMBER 30, 1997 NOTE 2 - SUMMARY OF SIGNIFICANT ACCOUtrING POIJCIES (Continued) PROI'RIETARY FUND TYPE WA'[ER AND SEWER EN'IERI'RISE FUND Thc Wa:er and Sewer Enterprise Fund is established to account for activities that arc fin:meed ami operated in a manner similar to private business enterprises. The costs of providing scrv~cc'~ t,, ~l~c residents are recovered primarily through user charges. ACCOUN'F GROUPS GENERAL FLXED ASSE'[S AND GENERAL LONG-TERaM DEBT The general fixed assets and general long-term debt self-balancing groups of accounts arc used solely to account for the long-term assets and liabilities that are not properly accounted for m thc Governmental Funds. Purchases and sales of long-term assets are recorded as expcndilurcs and revenues in thc Governmental Funds. Maturities of long-term debt principal nrc rcc,,.Icd expenditures in the Debt Service Fund. All property and equipment, including public domain general fixed assets (such as roads anti canals) are recorded at cost. Those assets purchased by and used in the general operations ,ff thc District are accounted fi~r in the general fixed assets group of accounts. No depreciation has been provided on general fixed assets. Donated fixed assets are recorded on the hooks at the estimated fair value at the date of donation. Construction in progress on the water and sewer system is accounted for in the general fixed asscls account group. Upon evidence of completed construction, these items arc transfen'ed ~o thc Water and Sewer Enterprise Fund. These two account groups arc not 'Tunds". They are concerned only with tile measurement of financial position. '[l~ey are not revolved with measurement of results ofopcratmns. -10- lloc~, Fl~g¥ & Zuo.,,t~N, CPA's PORT OF THE ISLANDS COMMUNI'IW IMPROVEMENF DISTP, ICT NOTES TO FINANCIAL STATEMENTS SEIrFEMBER 30, 1997 NOTE 2 - SUMMARY OF SIGNIFICANrF ACCOUNTING POLICIES (Continued) ENTERPRISE FUND FIXED ASSETS Those assets placed in service by and used in the utihtics operations arc accot, Htcd lbr at c,,,d u~ thc Water and Sewer Enterprsse Fund. Depreciation has been provided over the estimated useful hves using the straight-line method. Estimated useful lives range from 5 to 50 .,,'cars. ('onstruct~on period costs such as bond discounts, finance and administrative costs ha,.c been capm~I~,'cd. Donated fixed assets are reported at their estimated fair value on the date donated 'IO'I',\I.S - ~ M L:MOR:\NDI;NI ONLY} COLUMNS lt~e totals columns on the financial statements are captioned "Memorandum Only" lo mthcatc that they are presented only to facilitate financial analysis. Data in these colunms do not present financial position, results of operations, or cash flows m conformity w~th generally accepted accounting principles. Neither is such data comparable to a consolidation. Inlerfund eliminations have not been made in the aggregation of this data. BASIS OF ACCOUN11NG '[he Governmental Funds are accounted for using the modified accrual bas~s of accounting. Revenues are recognized :,.'hen they become measurable and available for usc. Property taxes (special assessments) are recognized in the year they are billed and collected. Expenditures are generally recognized v,'hen the liability is incurred, except that interest payable on general long- term debt is recognized only ',,,'hen due. Accrued interest on general long-term debt, not retlcctcd in these statements at September 30, 1997 was $216,938. The Water and Sewer l!,tcrpnsc Fund is accounted for using the accrual basis of accounting. Revenues are recognized when tamed and expenses are recognized when incurred. In accounting and reporting for its Water and Soy, ct Fund, the District applies all applicable FASB pronouncements issued on or before November 30, 1989 that do not conflict with or contradict GASB pronouncements. The basis of accounting applied to each Governmental Fund budget is the same as the basis utilized by each respective fund. 'llm Water and Sewer Enterprise Fund budget is not GAAP basis and is presented olflv m the accompanying supplementary data. -Il- llocu, Fag'/' 14,: Zuo.',i,,~, CPA's i'ORT OF 'File ISLANDS COMMUNITY IMPROVENIENT DISTRICI' NOTES TO FINANCIAL STATEMENTS SEPTEMBER 30. 1997 NOTE 2 - SUMMARY OF SIGNIFICANT ACCOU,'C'FING POLICIES (Continued) BUI)G L~'I'S On July 18, 1996, the District adopted the operating budgets for the current year. Thc ¢'apital Projects Fund was not budgeted. Unexpended balances expire at year end. 'Ibc District docs not use formal encumbrance accounting. Legal budgetary control is exercised at the program (lolal expenditures) level. The budget overexpenditure in the Debt Sec'ice Fund consists of principal paid from prepaid assessments which is required by the bond indenture and accordingly is no! contrap/Io law. ACCOUNTS RECEIVABLE Accounts receivable reflected in the Water and Sewer Enterprise Fund consist of charges to customers for service and availability. Management is making all reasonable efforts Io collect receivables, tfowever, accounts totaling $95,820 are over ninety days old. The District has placed liens on tile properties from which the receivables have been derived. Since these propemcs are undeveloped, it appears that the receivables will not be collected until the development and sale of the properties. An estimation of the current present value of the collection of the receivables has been made assuming collection on September 30, 2002 at a 7% discount. This results in a valuation allowance 0£$27,502. CONTRIBUTED CAPITAL Contributed capital includes a non-routine transfer of residual equity from the General Fund. Cash flow shortages in recent years in the Water and Sewer Fund have been supported by advances from the General Fund. Improvements are constructed in the Capital Projects Fund and transferred from General Fixed Assets to the Enterprise Fund when complete. The construction is financed by Special Assessment Bonds and the asset transfers to the Enterprise Fund are accountctl fl~r as contributed capital. Improvements constructed and dedicated to the District by tile dcvch,pcr arc accot,nted for as contributed capital. -12- llocit, FRaY & Zuo.,,t~.i,t, CPA's PORT OF TIlE ISLANDS COMMUNITY IMPROVEMENT DISTRICI' NOTES TO FINANCIAL STATEMEN'I'S SEPTEMBER 30, 1997 NOTE 2 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) CO~FRIBUTED CAPITAl. (Continued) The following is a schedule of changes in contributed capital: Beginning of Year - As restated (Note 7) Contributions from developer Assets transferred from General Fixed Assets Equity Transfer S25,034 Meters $0 h~provcmcnts '1'91~ .... $4,822.106 $4.847.140 105,424 105.`12,1 9.040 9.0,10 $4,936.570 .5,1,961,(:0,1 ENI) OF YEAR $25.034 5_.Q NOTE 3 - PROPERTY 'FAX CALENDAR (SPECIAL ASSESSME?,FFS) Special assessments are validated with the Collier County Property Appraiser and collected by thc Collier County Tax Collector. The key dates in the property tax cycle are as fi)lh)ws: Preceding Fiscal Year Enforceable lien date Assessment roll validated Assessments levied January 1 July 1 July 18 Current Fiscal Year Beginning of fiscal year for which assessments have been levied Assessment bills rendered Assessment due date Delinquent tax lien 'Fax certificates sold October I November 1 March 3 I April 30 June I CASIt AND INVES'FMENTS Florida Statutes provide that the District may deposit its public funds in the Florida State l:hmrd of Administration Local Government Investment Pool or in banks and savings associations that participate in the Florida Multiple Financial Institution Collateral Pool. All cash deposits are classified as fully insured. The 1990 Bond Resolution provides that the District may revest debt sen'ice funds only in U.S. Treasury obligations, repurchase agreements (if the trustee takes possession of the underlying collateral), or certificates of&posit at qualified banking ins~itt,t,{ms;. All deposits and investments during and at the end of the year were in compliance with statutes and the Bond resolution. Investments are reported at cost which approximates market value -13- lloc~, F~.¥ 8: Zt~o.',L~,.-,', CPA's PORT OF TIlE ISLANDS CONIMUN1TY IMPROVEMENT DISTRICi' NOTES TO FINANCIAL STATEMENTS SEPTEMBER 30, 1997 NO'FE4- NOTE PROPER. TY AND EQUIPMENT (Continued) The fi)l!o'.ving is a schedule ofchanges in Enterprise Fund fixed assets: Improvements Water and Sewer Other 'lt~an Entcmrise Fund F, xllfivmerll Total_ Balance-Begjnning of Year Assets acquired $90.480 $5,235.631 $ 14,460 $5.340.571 117.260 ~ 124.570 BALA, CE-END OF YEAR $90.480 $5.352.891 $21.770 Accumulated Depreciation: Balance - Beginning of Year S464,193 $4,474 $ 468,667 Additions _! 36.859 2.291 139. I Y! B,kLANCE - END OF YEAR $601.052 56.765 $ 607.81 N ET PROI'ERTY AND EQUI PM ENI' 857 ~, ~'-; BONDS PAYABI.E Special Assessment Bonds Series 1990 were issued October 25, 1990 in the amount of $7.1)01).i)l)0 to finance the acquisition, constn,ction and installation of the District's Water Management and WaI,.'r and Sewer System. Thc District covenants to levy special assessments i, am~ual amounts adequate to provide for payment of debt service and reserve requirements. Ih)wevcr. payment of principal and interest on the Bonds is dependent on the money available in thc Debt Service Accounts and the District's ability, to collect special assessments levied. Interest is payable on the first day ofeach May and November at a rate of 9% per annum. Special assessments may be prepaid in part or in whole at the option of the landowner. On the next interest payment date after special assessments are prepaid, the District is required to use the prepaid special assessment proceeds to redeem Bonds at par plus accrued interest. 'll~e Bonds arc subject to redemption by the District on or after May l, 2000. Mandatory principal payments are payable a schedule through May I. 2011. During the year the District redeemed Bonds in the amount S250.000 of which $20,000 was paid from prepaid assessments. Total Bonds payable was reduced from $6,035,000 to $5,785,000. -15- IIo~'~, I:u~:¥ 8,: Zuo~,t.,~y, (..;I'A's PORT OF Tt IE ISI.ANDS COMMUNITY IMPROVEMENT DISTRICT NOTES TO FINANCIAL STATEMENTS SEPTEMBER 30, 1997 NOTE 5 - NOTE NOTE 7 - BONDS PAYABLE (Continued) The following is a schedule of debt sec'ice requirements for the next five years and thereafter: GENERAL I. ONG-TEILM DEBT Year Ending Sr, lgsall'Ze, LJ~ Principal Interest 1998 $ 250,000 $ 520,650 $ 770,650 1999 275,000 498,150 773.150 2000 300,000 473,400 773.400 2001 325,000 446,400 77 2002 355,000 417,150 772.150 11~crea tier ~ 1.905.300 6.185,30Q Total 55.785.000 54.261.050 510.046.059 BOND RESERVE REQUIREMENTS The 1990 Special Assessment Bond indenture requires the establishment of a reserve account equal to 10% of the gross proceeds of the Bonds. A $700,000 reserve fund was established accordingly. The balance in the reserve account at September 30, 1997 was 2700,000. PRIOR PERIOD ADJUSTMENT - WATER AND SEWER ENTERPRISE FUND During the year, it was discovered that there were two errors in the way the District had been accounting for contributed capital. Depreciation on contributed capital assets ,,,,'as accounted f,,r as a reduction of (closed to) contributed capital. Also, a portion of meter fees revenue equal to the cost of meters was accounted for as contributed capital. These accounting policies are not in conformity with generally accepted accounting principles. Accordingly, the balances in contributed capital and retained earnings as of October I, 1996 have been restated as follows: Contributed P, clalncd Capital ~wib Balance October I, 1996. as prbviously reported Depreciation on contributed capital assets Meter fees revenue $,1.500,306 354,368 (354.368) (7534) 7.534 BALANCE OCFOBER 1. 1996, AS RESTATED $d.847.140 $ 89,775 -16- IIocH, Frt~-Y & Zuo.',tx.,v, CPA's .JO£L Iloctl, C tr':X - FOIl' L~tJD~ID&LS, FI..O~rlDA :lll30§..I. Olo tAX ~954! 351-0011 ?OwEI~ O-SUITE 207 December t 8, 1997 INDEPENDENT AUDITORS' REPORT ON COMPLIANCE AND ON INTERNAl. CONTROL OVER FINANCIAL RF.I'()I~,'I'ING The Board of Supervisors Port of thc Islands Community Improvement District Naples, Florida We have audited the accompanying general-purpose financial statements of Port of the Islands Cormnunltv Improvement District. as of and for the year ended September 30, 1997, and have issued our report thereon dated December 18. 1997. Our report includes an explanatory paragraph which describes a restatement of retained earnings and contributed capital in the Water and Sewer Enterprise Fund. We conducted our audit in accordance with generally accepted auditing standards and the standards applicable to financial audits c<)II{aincd in Government 4uditing Stamtards, issued by the Comptroller General of the United States. COMPLIANCE As part of obtaining reasonable assurance about whether Port of the Islands Community Improvement Dismct's financial statements are free of mater/al misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts and grants, noncompliance with which could have a d,ect and material effect on the determination of financial statement amounts. However, providing an opimon on compliance with those provisions was not an objective of our audit and, accordingly, we do not express such an opinion, lee results of our tests disclosed no instances of noncompliance that are required to be rcporlcd under Government A.diting Standards. INTERNAL CO~WI'ROL'OVER FINANCIAL REPORTING In planning and performing our audit, we considered Port of the Islands Community lmprovcJncnt lhstrlCl'S internal control over financial reporting in order to determine our auditing procedures for the pu~p,)sc of expressing our opinion on the financial statements and not to provide assurance on the internal cont~,~l m.'cr linancial reporting. Our consideration of the internal control over financial reporting would not necessarily disclose all matters in the internal control over financial reporting that might be material weaknesses. A material v,'eakness is a condition in v, hich the design or operation of one or more of Ibc internal control components does not reduce to a relatively Iow level the risk that misstatements in am.unts that wuuld be material in relation to the financial statements being audited may occur and not be detected within a t,ncly period by employees in the normal course of performing their assigned functions. We noted no maucrs involving the internal control over financial reporting and ils operation that we consider to be rnntcrml tveakncssefi. -17- Port of the Islands Community Improvement District December I 8, 1997 Page 2 This report is intendcd for thc information of management, Collier County and various dcpartments of thc Slate of Florida. tiov.'ever, this report is a matter of public record and its distribution is not limited. ttOCH, FREY & ZUGMANe Certified Public Accountants -18- llocm Fai~¥ & Zuo.,.[A..,v, CPA's D,xvzn h. Zur~.~^:~. CI"A. P.A. l).~.v~r> B. Bt..acx. CPA. P.A Fnr, nv. ntc~ S. Wr.r,~rsrr. t~-. CPA. December 18.1997 Thc Board o£ Supervisors Port of the Islands Community Improvement District Naples, Florida RL:: MANAGF. MENT LE'FIER Gentlemen: This letter is written in conjunction w/th our audit of the general-purpose financial statements of Port .f the Islands Community Improvement District. as of and for the year ended September 30, 1997. The purp.se of this letter is to communicate to you our comments and recommendations, and to comply ,.vuh lhe requ.'cmcnts of'Chapter 10.550 Rules of the Auditor General. DISPOSITION OF f'RIOR YEAR FINDING AND RECOMMENDATIO,Xl FINDING In our management letter for thc preceding year, we commented that the billing records and accounting rcc.rds did not agree with moneys collected, and control of.the meter was given to builders. I.~COM M ENDATION We recommended that District staff, first collect the meter fee and customer deposit, fill out the application and establish an account with the utility billing department. Then. when the builder is ready. District staff should supervise or perform the installation and review the information being provided to the utility billing dcparlmcnt. Our recommendations xvcre accepted, slightly rnoddied as to the timing lbr establishing a .ow implemented with the result that the system now maintains control and accountability as intended. The following statements relate to requirements of the Auditor General: I) There were no other findings or recommendations reporled for the preceding audit. 2) 'I'he District is not in a state of financial emergency as a consequence of conditions described in Section 218.503(I) Florida Statutes, -19- PORT OF TI IE ISLANDS COMMUNITY IMPROVEMEbrF DISTRICI' WATER AND SEWER ENTERPRISE FUND SCHEDULE OF REVENUES AND EXPENDITURES BUDGET AND ACTUAL YEAR ENDED SEPTEMBER 30, 1997 (BUDGET ACCOUNTING BASIS) The budget is prepared on the accrual basis of accounting with major adjust~nents as mdicalcd m thc reconciliation below: REVENUES Charges for services Water/sewer S 14 !,000 5173.67 I Utility availability 144,000 148.624 Connection fees 0 3.306 Meter fees I0,000 22.900 Other income 29,345 0 Interest 1.000 ..... 516 Total Revenues 325,34.S EXPENDIIURES Personal services Materials, supplies and services Renewals and replacement Total Expenditures Operating Income 57,016 54.5S3 193,329 201,012 75.000 o 325.345 ~ 9 93.-;22 Reconciliation With Reported Net Income/fLoss) Depreciation Accounts receivable valuation discount NET INCONIE/(LOSS) (139.151~) S (73.239} -21 - Iloc~, Fxmg¥ & Zuo.,,s.,~d~', CPA's III II I IIII IIIIII IIIIIIII iiI 'J 17 - 22- lloc~, F~e¥ & Zuo.,.l.t~'v, CPA's RESOLUTION 98-3 WHEREAS, Port of the Islands Community Improvement District has established the position of Treasurer and Finance Director for the purpose of maintaining the financial records of the District. NOW. THEREFORE. BE IT RESOLVED BY THE PORT OF THE ISLANDS COMMUNTI'Y IMPROVEMENT DISTRICT BOAP3D OF SUPERVISORS AS FOLLOW: The District Manager. Treasurer and Ftnance Director are hereby authorized on behalf of Port of the Islands Community Improvement District to execute the public depositor report to the Office of the Treasurer as required by Chapter 280. Florida Statutes. and any and all other financial reports required try any other rule. statute, law ordinance or regulation. 2. This Resolution shall be effective as of the date of Its adoptton THIS RESOLUTION INTRODUCED and ADOPTED bv the BOARD OF SUPERVISORS at their regular meeting on Ma}' 21. ~.998. Port of the Islands Communi~m~ro/vemen t Dis trict by:/ .,?- ~, ~ . ~....-,--~ ; Thomas L.-Barnai'd. Chairman Attest: PORT OF THE ISLANDS Community Improvcmcn! District Proposed Budget Fiscal Year 1998/99 May 21, 1998 TABLE OF CONTENTS General Fund Budget Debt Service Fund Budget Water & Sewer Fund Budget Page 1-9 Page 10-11 Page 12-20 PORT OF THE ISLANDS COMMUNITY IMPROVEMENT DISTRICq' GENERAL FUND Proposed Budget Fiscal Year 1998/99 ADOIrI-ED ACTUAL PROJECTED TOTAL PROPOSED BUDGET THRU NEXT PROJECTED ~ BUDGET DESCRIPTION F/Y 1997/98 4/30/98 5 MONTHS 9130198 F/Y 1998190 INTEREST INCONIE $3,250 $4,124.44 52,000.00 56,124.44 MA[NT. ASSESSMENTS 5232,743 $87,527.57 $145,215.43 $232,743.00 $233,439 TOTAL REVENUES [ $235,993.00 591,652.01 $147,215.43 $238,867.44 $236,439 EXPENDITURES; Administra~i¥¢: SUPERVISORS FEES $6,0Oo.00 $2,600.00 52,500.00 $5,100.00 ~,(×)o A'vro RNEY S8,000 OO S2,341,48 $2,341.48 $4,682.96 58,000 ENGINEERING $12,000.00 $3,160.26 $2,257.33 $5,417.59 58,000 ACCO UNT IN G $3,6-t 7 .Ox} $2,127.44 $1,519.56 $3,6.l 7 90 $3,829 ANNUAL AUDIT $4,700.00 $4,700.00 .50.00 $4,700.00 $4,700 R ECOR DING SECRETA R Y $2,3I 5.00 SI,350.44 S964.56 $2,315.00 52,431 M AN AG ER $7,875.00 $4,593.75 $3,281.25 S7,875.00 58,269 COMPUTER TIME $500.00 $253~1 $157.89 $411.70 5500 T R USTEE ,58)0.00 $161.90 5638.10 S,8OO.00 ARBITRAGE REBATE $625.00 $0.00 $625.00 $625.00 $625 TAX COLLECTOR $3,500.00 $0.00 S3,500.00 $3,500.00 53,500 TRAVEL & PER DIEM $500.00 $81.78 $0.00 581.78 $250 T E LE PHONE $100.00 $57.29 $40.00 $97.29 S 100 PC)STAG E $I ,5OO.00 $860.69 $536.31 $1,397.00 $1,500 RENTALS & LEASES $1,200.00 $700.00 $500.00 $1,200.00 $1,200 INSURANCE $3,685 00 $3,685.00 50.00 $3,685.00 PRINTING & BINDING $500.00 $246.34 $175.96 $422.30 $500 LEGAL ADVERTISING $'50000 $414.49 $118.43 $532.92 5600 OTHER CURRENT CHARGES 550.00 S203.88 525.00 S~8.88 525O OFFICE SUPPLIES $500.00 $398.32 $ I 13.81 $512.13 $500 DUES, LICENSES,SU BSCR. S175.00 $175.00 S0.00 $175.00 $175 ASSESSMENT ROLL $3,500.00 $3,500.00 50.00 S3,500.00 $4,500 CA PITA L OUTL A Y 5500.00 $0.00 $O.00 50.00 $500 ITOTA L ADMINISTRATIVE 562,672.00 $31,611.87 $19,294.67 $S0,906.54 ~,0,414 Field Operatig~; SALARIES/WAGES $40,000.00 $24,207.18 $17,290.84 $41,498.02 FICA TAXES $3,060.00 $1,849.12 $1,320.80 $3,169.92 53,213 l'a~e I ' PORT OF THE ISLANDS COMMUNITY IMPROVEMENT DISTRIQI' GENERAL FUND Proposed Budget Fiscal Year 1998/99 ADOPTED PROJECTED TOTAL PROPOSED BUDGET ACTUAL NEXT PROJECTED @ BUDGET DESCRIPTION F/Y 1997/98 THRU 4/30/98 5 MON'I'HS 9/30/98 F/Y 1998/99 Field O.vcralions Cont'd: HEALTH INSURANCE $2,500 $2,075.32 S424.68 S2,500.00 PENSION 52,4~ 51,166.49 51,200.00 $2,366.49 52,520 W.C. INSURANCE 52,276 $2,276.00 ~0.00 52,276.00 52,276 LANDSCAPE NfAINq'ENANCE 5~,000 529,59Z48 535,000.00 564,597.48 STREET LIGHTING $15,023 $9,889.77 $7,064.15 $16,953.92 $16,816 IRRIGATION WATER $4,363 $790.17 $564.45 51,354.62 53,500 CAPITA L OUTLAY 5Z800 $9,668.27 S0.00 $9,668.27 SO MA INTENANCE- ROA DS $7, 200 $1,002.00 55,000.00 56,002.00 57,500 MAINTENANCE-DRAINAGE $5,000 $0.00 $2,500.00 $2,500.00 MOSQUITO CONTROL $10,000 $4,627.42 $3,305.30 57,932.72 $12,000 REPAIRS & MAINTENANCE $5,000 56S0.00 $2,500.00 $3,150.00 $5,000 OPERATING SUPPLIES $1,700 $31.08 $500.00 $531.08 ITOTAL FIELD $173,322.00 $87,830..30 $76.670.22 $164,500.52 $176,025 [ TOTAL EXPENDITURES $235,994.00 5119,442. I7 $95,964.89 $215,407.06 $236,439 INET INCOME (LOSS) S0.00 {S27,790.16) $51,25054 $23,460.38 FISCAL FISCAL DESCRIPTION ~F~AR 1997/98 YEAR 1998/99 NET ASSESSMENT $232,743 $233,439 ADD: D{SCOUNTS & COLL. ~ 6% $9,698 $14,900 IGROSS ASSESSMENT $246,071 $248,339 ASSESSABLE UNITS 1058 1058 ASSESSMENTS PER UNIT .-- $232.58 5Z34.72 Pa~e 2 PORT OF THE ISLANDS Community Improvement District General Fund Budget Fiscal Year 1998-99 Maintenance Assessmei0~ The District will levy a non-ad valorum assessment on all taxable property within the Port of the Islands Community Improvement District in order to pay operating and maintenance expenses incurred during the fiscal year. Interest Income During the Fiscal Year the District should have an average balance of $60,000 invested at @ 5%. $233,439 $3,000 .... · : :~':i TOTAL; REVENUE EXPENDITURgS: Administrative: Supervisor's Fees The Florida Statutes, allows each supervisor to be paid $200 per meeting, for the time devoted to District business and board meetings. The amount for the Fiscal Year is based on 5 supervisors and 12 monthly meetings. The fees will be split with the Water & .Sewer Fund. Attorney The District's attorney will be providing general legal services to the District, i.e., attendance and preparation for monthly meetings, reviewing contracts, agreements, resolutions,etc. The amount is based on prior years cost. The District's engineer will be providing general engineering services to the District, i.e., attendance and preparation for monthly meetings, reviewing invoices, and various projects assigned as directed ~y the Board of Supervisors. $6,000 $8,000 $8,0(X) Page 3 ?ORT OF THE ISLANDS Community Improvement District General Fund Budget Management Fees The District has contracted with Gary L. Moyer, P.A. to provide Management, Accounting and Recording Secretary Services for the District. The services include, but not limited to, recording and transcription of board meetings, administrative services, budget preparation, all financial reporting, annual audits, etc..The fees are as follows: Ma nagemen t Accounting Recording Secretary $8,269/per yea r $3,829 / per yea r $2,431/per year Annual Audit The District is required to annually have its financial records audited by an independent Certified Public Accounting Firm. The fee the fiscal year is based on prior years cost. The District processes all of its financial activities, i.e. accounts payable, financial statements, payroll, etc. on a main frame computer owned by Gary L. Moyer, P.A. Computer time is billed at $70 per/hour not to exceed $1,0(X) for the fiscal year in accordance with the management contract for the same. The computer time charge will be split with the Water & Sewer Fund. Trustee The District issued Series 1990, Special Assessment Bonds that are deposited with a Trustee at First Union National Bank. The annual trustee fee is based on prior years cost and will be split with the Water & Sewer Fund. Arbitrage Rebate The District has contracted with Deloitte & Touche, independent certified public accountants, to annually calculate the District's Arbitrage Rebate Liability on the Series 1990, Special Assessment Bonds. The amount is based on the current contract and will be split with the Water & Sewer Fund. The Collier County Ta~ Collector charges 1.5% for the collection of the District's operating and maintenance assessment. $14,529 $50O $3,5~t) Page 4 PORT OF THE ISLANDS Community Impr0vcment District General Fund Budget Travel & Per Diem Represents cost incurred by District superviors or employees for travel related expenditures. Telephone Telephone and fax machine, amount based on prior years cost and will be split with the Water & Sewer Fund. Mailing of Board Meeting Agenda's, checks for vendors, overnight deliveries and any other required correspondence. Amount is based on prior years cost and will be split with the Water & Sewer Fund. $2_5O $1 {X) $1,500 Rentals & Leases The District's administrative offices are located at Coral Springs Improvement District which bills the District $200 per month. This amount will be split with the Water & Sewer Fund. Insurance The District currently has its Insurance Policy with the Florida League of Cities, Inc. The Florida League of Cities, Inc. specializes in providing insurance coverage for Governmental Agencies. The following amounts are based on prior years cost: [Description General Fund Water & Sewer Total Genera ILia bill ty $2,552 $2,552 $5,104 Automobile Liability :$851 $851 $1,702 Property $0 $4,409 $4,409 Boiler & Machinery $0 $2,147 $2,147 Treasurers Bond $282 $282 $564 [to ta I $3,6.85 $10,241 $14,086] $1,2{~) $3,685 Printing and Bindinl, Printing and binding .agenda packages for board meetings, printing of computerized checks, correspondence, stationary, envelopes etc. $50O Page 5 PORT OF THE ISLANDS Commun!l~y Improvement District General Fund Budget Legal Advertising Advertising of monthly board meetings, public hearings, and any other legal advertising that may be required. Other Current Charges Bank charges and any other miscellaneous charges that the District may incur. Any supplies that may need to be purchased during the Fiscal Year, i.e., paper, minute books, file folders, labels, paper clips, etc. Dues. License. Subscriptions The District is required to pay an annual fee to the Department of Community Affairs for $175. This is the only anticipated expenditure for this category. Assessment Roll The District will be billed annually for administrating of the Series 1990, Special Assessment Bonds and calculating and levying the annual operating & maintenance and debt service assessment. $6~) $250 $5O0 $175 $4,500 Capital Outlay The District may purchase a file cabinet or any other small capital item. $500 ,..TOTAL ADMINISTRATIVE .... /,f~,414 I Page 6 Maintenance: PORT OF THE ISLANDS Community Improvement District General Fund Budget $45,213 The District currently has two full time employees who are licensed Water & Sewer Plant Operators. These employees are responsible for all road and drainage operations, mosquito control and operating and maintaining the District's Water & Sewer Plant. The amount for salaries also includes a part time/overtime pool which is anticipated based on future activity. The following are the projected payroll expense for the fiscal year which will be split with the Water & Sewer Fund: Sa la ties $74,000 Part time/Overtime $10,000 FICA Taxes @ 7.65% $6,426 Tota I $90,426 Health Insurance Health insurance benefits will be pooled with other special purpose taxing districts in the state to receive better rates based on a larger group. The amount is based on prior years cost. Pensiorl The District will contribribute 6% of its employees gross wages to a retirement account which will be established by the District. Workers Compensation The District has its workers compensation with the Florida League of Cities, Inc. The premium is based on the prior years .salaries and will be split with the Water & Sewer Fund; $2,500 $2,520 $2,276 Landscape Maintenance The District currently has a contract with Big Cypress Landscape Company to maintain the District's Right of Ways and Medians. The amount for the fiscal year is based on the following: Annual Amount(S4,069 per month) $48,824 Add itional Landscaping $23.176 Tota I ~;72,000 $72,000 Page7 PORT OF THE ISLANDS ,Community lr0provement District General Fund Budget The District currently has 4 electric accounts with Lee County Cooperative for Street Lights located on District Roads. Based on prior years average monthly electric bills the amount for the fiscal year is as follows: Monthly Account Name Account # Amount Annual Amount Newport Drive 9210290573 $288 $3,456 Eveningstar Cay 9301070500 $370 $4,439 Tamiami Trail 9201140198 $580 $6,962 Port of the Isles 9607220098 $ 35 $ 432 Con ti ngency(% 10) $127 $1,527 [Total Amount $1,252 $16,816 $16,816 The District is currently being billed for irrigation water for the common areas the District is required to maintain. The amount is based on prior years cost. Maintenance - Road,s The District currently maintains on the south side of the District, the main road parallel to the airstrip from the entrance off US 41 to Newport Cay and Newport and Morningstar Cays. On the north side, the main road from the entrance off US 41, around the east end of the hotel to the water plant, and the road from the water plant to the north boundary of the property. The amount to maintain these roads should not exceed $7,500 during the fiscal year. $7,5(I) Page8 PORT OF THE ISLANDS Community,, J .mprovement District General Fund Budget Maintenance - Drainaee Any maintenance on the District's drainage system that may be required. Mosquito Control The District has recently purchased a mosquito sprayer and will be utilizing District personnel to spray for mosquitos during the fiscal year. The estimated amount for chemicals and other needed supplies should not exceed $10,000. $5,000 $10,000 Repairs & Maintenance Any miscellaneous repairs and maintenance on the District's trucks, street lights, and any other items that are not covered under the roads and drainage maintenance. Operating Supplies Any operating supplies that will be required during the fiscal year, i.e. fuel for trucks, uniforms, miscellaneous tools, irrigation and landscape supplies, etc. $5,0O0 $1,700 Page 9 PORT OF THE ISLANDS COMMUNITY IMPROVEMENT DISTRICT Proposed Debt Service Fund Budget Fiscal Year 1998-99 Actual Projected Total Projected F/Y 1997/9~ Thru 4/30/98 Next 5 Month's @ 9130/98 F/Y ]~'_~]9~ INTEREST INCOME: -Reserve $35,000 Sl 9,726 $I 4,583 $34,310 -Revenue $ 1,000 $6,896 $1,263 $8,158 S 1 ,tX)(} -Red eruption $0 $395 $0 $395 PREPAYMENTS 50 $22,153 $0 $22,I53 SO SPECIAL ASSESSMENTS 5671,6.1.1 $252,585 $119,059 $671,64,1 5725, I95 SURPLUS CARRY FORWARD $312,531 $334,194 SO $334,194 S255,321) [TOTAL REVEN $1,020,175 $635,948 $4M,905 $1,070,854 51,016,515 [ OTHER DEBT SERVICE COSTS 50 $I 1,1309 $O SI 1,009 $I 1,390 PREPAYMENTS fi20~)O S25,0(X} SI0,000 $35,000 St) INTEREST-11 / I $260,325 $260,325 $0 $260,325 $247~Sol) PRINCIPAL - 5/1 $2Z,q3,000 $0 S250,000 $250,fXX) S275,00(} INTEREST - 5/1 $260,325 $0 $259,200 $259200 $247,500 [TOTA L EXPENSES $z'x)0,650 $296,334 S519,200 $815,534 S781390 J [NET INCOME S229,525 $339,615 (S84.2t~5) $255.320 $235,125 ]{I) (l)Net Income will pay the I 1 / 1 Debt Service Payment in the next Fiscal Year prior to receiving assessments. 11/!/98 !2/1/99 Interest Payment $249,525 $235,125 [total $249,525 $235,125 ] F/Y 1_997/98 F/Y 1998/99 [Net Special Assessments $671,644 S725,195 ] Add: Discounts & Collections @ 6% $42,871 5-16,289 [Gross Spedal Assessments S714,515 S771,4gl Page I0 OF ~gE ISLA#OS CC~q,J#I~Y DEVELOPHE#T DISTRICT (COLLIER COUNTY~ FLOriDA) SPECIAL ASSESSHEN! ~O~DS, SERIES Deb~ Service Sch~{e Oate Principal Co~4~on Interest Period TotaL Fiscal Total 11/ 1/98 247,500.00 247,500.00 5/ 1/9'7 275,000.00 9.000000 247,500.00 522,500.00 770,000.00 11/ 1/99 2~5,125.00 2~5,125.00 5/ 1/ 0 295,000.00 9.000000 235,125.00 530,125.00 765,250.00 11/ 1/ 0 221,850o00 221,850.00 5/ 1/ I 325,000.00 9.000000 221,850o00 546,850.00 768,700.00 11/ 1/ 1 207,225.00 207,225.00 5/ 1/ 2 355,000.00 9.000000 207,225.00 562,225.00 769,450.00 11/ 1/ 2 191,250.00 191,250.00 5/ 1/ 3 385,000.00 9.000000 191,250.00 576,250.00 767,500.00 11/ I/ 3 1~,925.00 1T3,925.00 5/ 1/ 4 420,000.00 9.000000 17~,925.00 593,925.00 767,850.00 11/ I/ 4 155,025.00 155,02§.00 5/ 1/ 5 455,000.00 9.000000 155,025.00 610,025.00 765,050.00 11/ !/ 5 114,550,00 134,550.00 5/ 1/ 6 500,000.00 9.000000 I~4,550.00 634,550.00 769,100.00 11/ 1/ 6 112,050.00 112,050.00 5/ I/ 7 545,000.00 9.000000 112,050.00 657,050.00 769,100.00 5/ 1/ 8 595,000.00 9.000000 87,525.00 6~2,525.00 770,050.00 11/ 1/ 8 60,7'~0.00 6~),750.00 5/ 1/ 9 645,000.00 9.000000 ~,7~0.00 705,~0.00 7~,500.00 11/ 1/ 9 31,T25.00 31,725.00 5/ 1/10 705,000.00 9.000000 31,725.00 ~,725.00 76~,450.00 5,500,000.00 3,717,000.00 9,217,000.00 ACCRUED 5,500,000.00 ],717,000.00 9,217,000.00 Dated 5/ 1/98 with Oetlvery of 5/ 1/98 Bcw'~d Years &1,300.000 Average Ccx4:>r~ 9,000000 Average Life 7.509091 ~ I C % 9.000000 ~ Usirxj 100.0000000 T [ C % 9.000000 % From Oettvery Date Arbitrage Yield 9.000000 % prepare<:l ~ Prager, NcCarthy & SeaLy Oate: 04-21-1998 ~ 10:5~:00 Fitename: PORT Key: 5/I/98 I66, PORT OF TIlE ISLANDS COMMUNITY IMPROVEMENT DISTRICT WATER & SEWER FUND Proposed Budget Fiscal Year 1998/99 ADC}IrT'ED PROJECTED TOTAL PROPOSED BUDGET ACTUAL NEXT PROfECTED ~ BUDGET DESCRIPTION F/Y 1997/98 THRU 4/::}0/98 5 MONTHS 9/30/19q8 F/Y 1998/99 STANDBY FEES $150,000 $8'9,831.46 551,332.26 5141,163.72 $140,0~) WATER REVENUE $70,000 $.~6,64739 S32,369.94 $89,017.33 $90,000 SEWER REVENUE $86,000 $76,27633 $43,58639 5119,863.12 5120,(X)0 IRRIGATION REVEt,; UE $I 1,000 $7,943.64 $4.539 22 512.482 ~ ,513,0~) ,METER FEE S~,00q $8,25000 ,55,g92 86 S 14,14286 CONNECTION FEE S0 S0.00 t:i9.00 S0.00 ,cd) INTEREST INCOME 550~) S368.53 S26.3.24 $631.77 'S5~') TOTAL REVEN UF25 { S342,5~1 5239,317.55 5137,984.]0 537'7,30165 A~minhtr,~ti~e: SUPERVISORS FE[-2S 560)0 C,<. S2,600 00 S2,,"~)0 00 55,10q00 56,000 A T'T O ILN' EY S8,0~'~ t)0 52,341.49 52,341.49 5.4,t-,82.98 ENGINEER/NG S8,000 00 $3,160.25 52,257.33 S5,417.58 S8,000 ACCOUNTING $3,647 00 $2,127.44 $1 ,.519.56 $3,647.00 S3,829 ANNUAL AUDFF $4,700 00 $4,700.00 S0.00 $4,700.00 55,0~ RECORDING SECRE-FA R Y `52,315 00 $1,3.50.44 5964.56 ,52,31500 52,43 I MANAGER `57,875 00 $4,,593.75 $3,281.25 $7,875.00 `58,269 COMPUTER TIME $.~X) 00 $253.82 5157.89 $411.71 S5oo TRUSTEE S,~100 00 $161.90 $638.10 $800.00 ARBITRAGE REBATE $625 00 $0.00 $625.00 $625.00 56Z5 UTILITY BILLING S3,500 ~,~.} 52,041.69 ,551,458.31 S3,.~) 00 `55,000 TRAVEL & PER DIEM $5Cd).00 ,$81.77 ~.1.00 $81.77 5250 TE LEPHON E ,510000 $55.94 $40.00 595.94 5100 POSTAGE 51,500 00 $831 .(:,3 $6~.00 $I ,431.63 5 RENTALS & LEASES $1,200 00 $700.00 `550000 ,51,200.00 51,200 INS URANCE ,510,241 00 ,$8,824..'.'30 S0.00 $8,824.50 '510,24 I PRINTING & BI.";DI,",;G ,51,300 00 $379.14 ,5175 96 $555.10 $1,300 LEGAL ADVERTISING SI,I,~)0.00 5524 25 511843 ,%.42.&~ OT}{ER CURRENT C~ IAR(-;ES 515000 5177.53 525 t)0 5202.53 5250 OFFICE SUPPLIES ,51~,'~.1 00 $258 49 ,5184.64 $443.13 CAPITAL OUTLAY S~} 00 $000 $~} 00 SOO0 {TOTAL ADMINISTRATIVE `562,55300 S35,t64.03 S17,387.52 S52,55l.$5 565,295 Plant: SALARIES/WAGES $40,000.00 S24,207.18 517,290 84 $41,49802 FICA TAXES $3,060.00 $1,849.13 51,.320.81 $3,169.94 .$3,213 HEALTH INSURANCE 52,.500 00 $179.63 52,30000 $2,479.63 PENSION S2,400 00 $1,166.49 '51,200.00 S2,366.49 S2,.520 W C. INSURANCE 52,276 ~X.I $2,271..,~0 $0.00 52,271.50 52,276 /'alSe 12 PORT OF TItE ISLANDS C.X~IMUNITY IMPROVEMENT DISTRICT WATER & SEWER FUND Proposed Budget Fiscal Year 1998/99 A DOPI~ D PROJ ECTE D BUDGET ACTUAL NEXT DE,SCRIPT'IO.',; F/Y 1997/',~8 THRU 4/30/98 5 MON'lq~IS TOTAL PROPOS EI) PROIEC"FED @ BUDGET 913011998 FlY 1998199 Plant Co~li'd; CONTRACTL'A L 538,0~1 00 58,975.88 $20,000.00 TELEPHCZ,,'E 53,5o000 $1,698 04 S1,212.89 UTI LILIES 559,227 fl I $32.319.05 523,085.04 CAPITAL OUTLAY 52.~X0 O0 $9,70:5 32 REPAIRS & .MAINTENA:gCE $20,000 C,~} $21,1c~0 33 515,135.95 OPERATING SUPPLIES $35,~,~1 Ca) $18,344,29 $13,103.06 LICENSES $,%~} O0 $211 ~0 SO.IX) RENEWAL & REPLACEMENTS $72,200 00 $,9 (JO $0.00 JTOTAL PLANT 52.~1,463 81 $122,118 64 S94,648.59 528.975.88 S38.000 52,910.93 $3,,"~ ~0 555,404.09 559,228 59,705.32 ~1 S36,326.28 5.35,0~X~ 531,447.35 535,fx)0 5211.80 55~x) $0.00 575,0~x1 $216,767.23 $298,737 ] [ "FOTAL EXPENDITURES $344,016.81 $157,282.67 5112,036.10 $269,318.77 :5364,032 NET INCOME (LOSS) $3,483.19 $82,034.88 525,94800 $107,982.88 514,468 Pg.13 ' PORT OF THE ISLANDS Community Improvement District Water & Sewer Fund Budget Fiscal Year 1998-99 Standby Fees Undeveloped property is billed monthly for the number of equivalent residential connections of reserved capacity based on the District's adopted rates. The amount is based on prior years revenue. Water & Sewer Revenue Based on prior years water and waste water consumption and future connections to the system, the District anticipates the following revenues: $140,000 $223,000 Water Revenue $ 90,000 Sewer Revenue $120,000 Irrigation Revenue $ 13,000 [ Total $223,000 / Meter connection charges represent the cost and installation of the meter at $250 per 5/8" meter. Each new resident will have both, a potable water meter and an irrigation meter installed. Larger meters would be based on the actual cost of the meter, plus $200. Interest Income The District anticipates earning $500 of interest income during the fiscal year based on prior years revenue. $15,000 $500 TOTAL REVENUE $378,5001 Page 14 PORT OF THE ISLANDS Community Improvement District Water & Sewer Fund Budget EXPENDITURES; Administrative; Supervisor's Fee~ The Florida Statutes allows each supervisor to be paid $200 per meeting for the time devoted to District business and board meetings. The amount for the Fiscal Year is based on 5 supervisors and 12 monthly meetings. The fees ,,,.'ill be split with the General Fund. Attorney The District's attorney ',viii be providing general legal services to the District, i.e., attendance and preparation for monthly meetings, reviewing contracts, agreements, resolutions,etc. The amount is based on prior years cost. Engineering The District's engineer will be providing general engineering services to the District, i.e., attendance and preparation for monthly meetings, reviewing invoices, and various projects assigned as directed by the Board of Supervisors. $6,(}00 $8,OOO $8,000 Management Fe¢~ The District has contracted with Gary L. Moyer, P.A. to provide Management, Accounting and Recording Secretary Services for the District. The services include, but not limited to, recording and transcription of board meetings, administrative services, budget preparation, all financial reporting, annual audits, etc..The fees are as follows: Management Accounting Recording Secretary $8,269/per year $3,829/per year $2,431/per year Annual Audit The District is required to annually have its financial records audited by an independent Certified' Public Accounting Firm. The fee the fiscal year is based on prior years cost. $14,529 $5,000 Page 15 PORT OF THE ISLANDS Community Improvement District Water & Sewer Fund Budget Computer Time The District processes all of its financial activities, i.e. accounts payable, financial statements, payroll, etc. on a main frame computer owned by Gary L. Moyer, P.A. Computer time is billed at $70 per/hour not to exceed $1,000 for the fiscal year in accordance with the management contract for the same. The computer time charge will be split with the General Fund. Trustee The District issued Series 1990, Special Assessment Bonds that are deposited with a Trustee at First Union National Bank. The annual trustee fee is based on prior years cost and will be split with the General Fund. Arbitrage Rebate The District has contracted with Deloitte & Touche, independent certified public accountants, to annually calculate the District's Arbitrage Rebate Liability on the Series 1990, Special Assessment Bonds. The amount is based on the current contract and will be split with the General Fund. Utility Billing The District has a 250 account utility billing system which includes calculating, printing and mailing of utility bills, posting and depositing cash receipts, customer service and other related services. Travel & Per Diem Represents cost incurred by District supervisors or employees for travel related expenditures. Telephone Telephone and fax machine, amot,nt based on prior )'ears cost and will be split with the General Fund. ?osta~ze Mailing of Board Meeting Agenda's, checks for vendors, overnight deliveries and any other required correspondence. Amount is based on prior years cost and will be split with the General Fund. Rentals & Lease~; The District's administrative offices are located at Coral Springs Improvement District' which bills the District 5200 per month. This amount will be split with the General Fund. $500 $800 $625 $5,000 $250 $100 $1,500 $1,200 Page 16 PORT OF THE ISLANDS Community Improvement District Water & Sewer Fund Budget Insurance The District currently has its Insurance Policy with the Florida League of Cities, Inc. The Florida League of Cities, Inc. specializes in providing insurance coverage for Governmental Agencies. The following amounts are based on prior years cost: [Description General Fund Water & Sewer Total General Liability $2,552 $2,552 $5,10,t Automobile Liability $851 $851 $1,702 Property 50 $4,409 $4,409 Boiler & Machinery $0 $2,147 $2,147 Treasurers Bond 5282 $282 $564 lTo t a I $3,685 $10,241 $13,926] $10,241 Printing and Binding Printing and binding agenda packages for board meetings, printing of computerized checks, correspondence, stationary, envelopes etc. Legal Advertising Advertising of monthly board meetings, public hearings, and any other legal advertising that may be required. Other Current Charges Bank charges and any other miscellaneous charges that the District may incur. Office Supplies Any supplies that may need to be purchased during the Fiscal Year, i.e., paper, minute books, file folders, labels, paper clips, etc. The District may purchase a file cabinet or any other small capital item. $1,300 $1,000 $25O $50O $5OO TOTAL ADMINISTRATIVE $65,295] Page 17 PORT OF THE ISLANDS Community Improvement District Water & Sewer Fund Budget Planil Salaries/Wage~ The District currently has two full time employees who are licensed Water & Sewer Plant Operators. These employees are responsible for all road and drainage operations, mosquito control and operating and maintaining the District's Water & Sewer Plant. The amount for salaries also includes a part time/overtime pool which is anticipated based on future activity. The following are the projected payroll expense for the fiscal year which will be split with the General Fund: Sa la r ies S74,000 Part time/overtime $10,000 FICA Taxes @ 7.65% $6.426 Total ~ Heallh Insurance Health insurance benefits will be pooled with other special purpose taxing districts in the state to receive better rates based on a larger group. The amount is based on prior years cost. Pension The District will contribute 6% of its employees gross wages to a retirement account which will be established by the District. Workers Compensation The District has its workers compensation with the Florida League of Cities, Inc. The premium is based on the following and will be split with the General Fund; $45,213 $2,500 $2,52O $2,276 Contractual Service~ The District currently has contracts for wetland monitoring, lab testing, well field monitoring, etc. Based on prior years cost, the amount should not exceed $38,000. Telephone The District currently has a cellular phone for telemetry control of the well fields, a cellular phone for field personnel, telephone and fax machine at the water plant. . S38,000 $3,500 Page 18 PORT OF THE ISLANDS Community Improvement District Water & Sewer Fund Budget The District currently has 9 electric accounts with Lee County Cooperative for irrigation, lift stations, water and waste water plant. Based on prior years average monthly electric bills the amount for the fiscal year is as follows: Account Name Account # Amount Amount Eveningstar Cay 9310060411 $9 $108 Newport Drive 9310060409 $9 $108 Sewer Plant 9201140207 $90 $1,076 Cays Drive-LS 9308200540 $6 $72 41 & Cay-LS 9304010628 549 $588 Sewer Plant ' 9201140205 $136 $1,632 Water Plant 9201140203 $2,247 $26,966 Water Plant 9307280335 $1,849 $22,189 Well Field 940816029-t $92 $1,105 Contingency(10%) $5,384 [Total Amount $59,228 $59,228 Repairs & Maintenance The District will incur numerous repairs and maintenance throughout the fiscal year on the water plant, waste water plant, irrigation system, etc. $35,00{) Page 19 PORT OF THE ISLANDS Community Improvement District Water & Sewer Fund Budget Operating Supplies The following operating supplies '.rill be purchased during the fiscal year in order to operate the water & waste water system: Chemicals: $10,000 Chlorine will be purchased for the water treatment process and other chemicals on an as needed basis. Supplies $10,000 bliscellaneous operating supplies for the water, waste water and irrigation, i.e.P.V.C, pipe, tools, uniforms, cleaning supplies, etc. Meters: $15,000 The purchase and installation of water & irrigation meters. Dues, Licenses. Subscriptions The District's employees ,.viii need to renew their water and waste water plant operating licenses. Also, subscriptions to American Water Works Associations, etc. Renewal & Replacement Excess funds will be placed in a renewal and replacement fund for any future replacement of equipment or machinery. $35,000 $500 $75,000 TOTAL PLANT $298,737] Page 20 RESOLUTION 98-4 A RESOLUTION APPROVING THE DISTRICT'S PROPOSED ROAD AND DHAINAGE BUDGET FOR FISCAL YEAR 1998-99 AND SETTING A PUBLIC ttFARING TFrEP,.EON PURSUANT TO FLORmA LAW WHEREAS, the District Manager has heretofore prepared and submitted to the Board a proposed road and drainage budget for the Fiscal Year 1997-98; and WHEREAS, the Board of Supervisors has considered said proposed budget and desires to set the required public hearing thereon; NOW, THEREFORE BE IT RESOLVE~ BY THE BOARD OF SUPERVISORS OF THE PORT OF THE ISLANDS CO1VLMUN'ITY IMPRO~ DISTRICT; 1. The road and drainage budget proposed by the District Manager for Fiscal Year 1998-99 is hereby approved as the basis for conducting a public hearing to adopt said budget. 2. A public hearing on said approved budget is hereby declared and set for the following date, hour and place: Date: July 23, 1998 Hour: 4:00 P.M. Place: RV Recreation Hall 12425 Union Road Naples, Florida Notice of this public hearing shall be published in the manner prescribed in Florida Law. Adopted t~s 21st day of May, 1998. Thomas L. Barnard, Chairman G~ L.~VIoyer~ s~cret~r~ RESOLUTION 98-5 A RESOLUTION APPROVING THE, DISTRICT'S PROPOSED WATER AND SEWER BUDGET FOR FISCAL YEAR 1998-99 AND SE'VITNG A PUBLIC HE~G TI-I]~REON PURSUANT TO FLORIDA LAW WHEREAS, the District Manager has heretofore prepared and submitted to the Board a proposed water and sewer budget for the Piscal Year 1998-99; and WHEREAS, the Board of Supervisors has considered said proposed budget and desires to set the required public hearing thereon; NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE PORT OF THE ISLANDS COMMUNITY IMPROVEM]gNT DISTRICT; 1. The water and sewer budget proposed by the District Manager for Fiscal Year 1998-99 is hereby approved as the basis for conducting a public hearing to adopt said budget. 2. A public hearing on said approved budget is hereby declared and set for the following date, hour and place: Date: July 23, 1998 Hour;. 4:00 P.M. Place: 25000 Tamiami Trail East Naples, Florida Notice of this public hearing shall be published in the manner prescribed Florida Law. Adopted this 21st day of May, 1998. ~! ? ' , Thomas L. Barnard, Cl~airman ~'ary L. M°:~'K' Secretary in -- i llllllll ilt I I I I I I i t I R~wnuG~ Toh:~ Rev~u~s Port of the Islands Community Improvement District General Fund St~ement of I~evenue$ and Expenses For The Period ~c:~ng Ap~ 30. 1998 General r~ncl I~,cxated Budgel Actual Bud~tel Thru 04/30/98 1 ! Thn~ 04/30/98 Variance J M2SO $1J96 S.4.124.44 S2,228.61 S232.743 S 13~.767 $87 ,$27.57 ($48,239.18 ) J $23,5.993 $ {37,Z~63 $91,652.01 ($4~.OlO.ST)J Fund B~lance 10/1/97 J Fund Balance 4/98 [ $214,465.55 J $186.695.39 J -2- Pod of the Islands Community Improvement District Water & Sewe~ Fund Dc:emen! of Revenues and Exc, endi~res F~r rne Per~d E,"x:llng Apr~ 30, 1998 l W&S Fund Prorated B~Jdget Actual Budget 11'lin 04/'30/98 l"nru 04/30/98 Vodonce Total Revenues $202.708 $239.317.55 $36,609.22 ACCOL.*~t~ A~rcge Cede O~e ~s Total Admin~tr~e P~nt ~ ~otal P~nt /olal Ez~nd~ure~ Net I~o~ ~) [ Reto~ Eam~g~ 10/1/97 L ~eta~ Eam~ 4/9~ L :40 ~1~ S23~33 $24~}7.18 (S873 S2~ SI ~ S 1.1~49 S233.51 S2~ SI~ S179 ~ S~ 278 70 S2~76 S2~7~ S2~71 ~ ~ ~ S3~ S2~2 ~1.~8 ~ s~ ~ S2~ S2~ S ~.7~.32 (~.~ 3~ ~5~ ~417 S', 8~2~ ~ ~72.38 S~ S~ S211 ~ S79.87 S72~ ~.117 ~.~ ~.116 67 $281,~ $17~ $1~,118.~ $52.5]7.03 ~017 $215.513 $157,282.67 $~,~0.16 $3,4.63 ~2.0,,M..88 j $489.141.22 _J $571,176.10 J Port of the Islands Community Improvement District Debt Service Fund Statement of Revenues & Expenditures For Perk:)d Ending April 30, 1998 Interest Income: Reserve Revenue Interest Redemption Special Assessments Prepayments ~Total Revenues $19,726.32 S6,895.76 SO.O0 S394.97 S252~584.89 S22,152.50 $301,754.44 Principal Interest Other Debt Service Costs S25,C(X],C~ S260,325.00 Sll,O08.~, Expenditures $296,333.64 J Exce;s Revenues $S,420.80 J JFund Balance 10/97 $1,029,678.50 J J Fund Balance 4/98 $1,035,099.30 J 7~ZZZ~ oo :' ~.° § i i i $ I I I ' I t FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS I1AIE O.s wHIUH /:/;&- . I'~AME 01' III1,111('^L EI.I~C'FIVF O APPOINTI'.'~ WHO MU:bT FILE FORM 8B This Form is for use by an'/person serving at Ibc count); city, or other local love! of' gc',,ernment on an appointed cr e~.,zcted 'board, council, commission, authority, or committee. It applies equally Io members of' adv{sory and non-adviso."y bodies ,.ho are presemed ~-ith a votin.g con~ic: of' interest under Section ]12.3143, Florida Statutes. Your responsibilities under ;he law when faced wi:h a mcasur¢ in which you have a con,flit: of in:crest will vary greatly depending on whether you hold an ¢i,:.:five or appointive position. For this reason, please pay close attention to the instruc:ions on this form before comple:in; ~he r~,¢rs¢ side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION t'12.3143, FLORIDA STATUTES ELECTED OFFICERS: A person holding e!ectiv¢ county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his speciai pri:'a:e gain. Each !ocal officer also is prohibited from k~owin.~ly racing on a measure which inures :o :?,e special gain of a princir, al (other than a government agency) by whom he is retained. In either case, you should disclose the conflic:: PRIOR TO THE VOTE BEING TAKEN' by publicly seating to :he ass:mbiy :ne r.a:ure cf }'our in:crest :n :;,e' measure cn which you are a'ss:aining from voting; and WITHIN !5 DAYS AFTER THE VOTE OCCURS by completing and filing :his form with t~e person respcns:ble far recording ::ne ri:chutes of :.~e meeting, who should incorporate :he Form in the minu:es. APPOINTED OFFICERS: A person holding ap~ain:i:,e county, muni:i~a!, or other local publi: office MUST ABSTAIN from voting on a measure ¥,'hicn inures tO his special priva:e gain. Each local officer also is prohibited from knowingly voting on a measure ~,n:ch inures :o :he special gain of a ;:inci=al (other than a government agency) by whom he is re:nine". A !::ersan holding an appointive local office a:herwise may ;artici~a:e in a matter in v, hich he has a conflict of in:er:s:, bur must disclose ti',', nature of the conflict before making any a:tem=t :o influence ~he decision ~:.' oral or writ:eh commune:arian. ,¥hether made by th.': officer or ar his direction. IF YOU INTEND TO MAKE ANY ATTE,".IPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING .AT WHICH THE VOTE WILL BE TAKEN: · You should :om~ie:: an"' file this form (before making any at:erupt ;o influence :he decision} with the person, responsible for recording the minutes of the meeting, who s~ilt incorpa,'-a:e the form in the minutes. · A co~y of th.- form shou!d be provided immegiateI:' :o the other members of the agen%'. · Th,:. form should be read publicly at thc meeting prior to consideration of the matter in which you have a conRic; of intends:. Ir 'YOU M,\K~.NO ATTEMPT TO i;4FLUENCE THE DECISION EXCEPT P,Y DISCUSSION AT THE MEETING · You should disclose ornlly thc nazurc of )'our conflict in thc measure b~forc parHcipating. · You shou;~ complete thc Form =nd ~c {: ~'ith~n 15 d~ys after :he vmc ~curs with thc person rcs~nsiblc for record{nE thc of :hc m:~tin~. ~'ho should incor~ratc Ibc form in thc minmcs. inur-.d ~o my sp¢c{aJ pri','at.- gain; or inured :o th.- special gain of De';el¢oer , by whom I am retained. (b) Th.- mtasur: befor.' my ag:ney and th: ha:ur-, of my in:.-?.s: in ih.' m:asur~ is as follows: Cons:ruction of infrastruc:ure improvemen:s by Dis:ric:, see Commission on Ethics Opinion 87-66 Da:c Fii:d NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES ~112.317 (1955). A Fa. ILURE TO MAKE ANY REQU;RED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLO',V:EG: IMPEACHMENT. RE.',,iOVAL O?, SUSPENSION FROM OFFICE OR EMPLOYMENT. DEMOTION. REDUCTION IN SALARY. REPRIMAND. OR A CIVIL PENALTY NOT TO EXCEED $,~,000. 16G'~ u~lan ~'~utifimti~n ~lbui~r~ (~mmitt~ Agenda - May 4, 1998 4. 5. 6. 7. 8. 9. Meeting called to order Roll Call Approval of Minutes - Meeting of April 6, 1998 Landscape Architects' Presentations Transportation Services Report Committee Members' Reports Old Business New Business Adjournment t~or r 1 S Constant Mac 'K te Berry Next Meeting -4:15 p.m.. June 1':. East Naples Community Park ,,,,, t, mt,lt I II I I I I III I I II I III IIIIIII I IIIII II IIIIIIII 1 6G '" ! Bayshore Avalon Beautification Advisory Committee .l¢eeting - April 6, 1998 SUMMARY OF RECOMMENDATIONS AND MOTIONS 4., LANDSCAPE ARCHITECT'S REPORT Mike McGee adwsed that the installation of the reuse water line from Thommason Drive in front of Windstar was originally estimated at $30.000 based upon the original xeroscape design using smaller main line and smaller jack and bores. VVith a full landscape concept, significantly more funds will be needed. Val Prince advised that currently S30.000 is available under Other Contractual Services and S12.000 under Electrical. Mike sa~d the original estimates were based upon prices from the private sector at S12-S13 per lineal foot. If the County's annual contract is used, it will ccst S50 per foot unless the work is tied into a complete landscape pro!e;: exceeding S25,000 which triggers the bid process. Val advised that ce,v construction is overseen by OCPM as a capital project Mr. Neal was reassured that;f the S42.000 is not used between now and October 1 the funds would be carned forward in Fund 102: an executive summao' ..,ti be needed to transfer the funds. Mr Prince recommended following up .','.:'t the County Manager Mr. Litsinger advised that the county allows two f:,,- to be charged %r the same contract. 5, BUDGETISSUES ,,:,,~er a length',,, d~scuss~on concermng funding James Lennane mac,:- · motion to establish a three mfli taxation rate and to ~n~tiate the project v,:"-. three years' v;orth of revenue, the first year of which will be available taxation and a two-year ~nterest free loan from the County: seconded :,v t.l~ke Bruet and camed unanimously Bayshore Avalon Beautification Advisoo' Meeting - April 6, 1998 Committee Chairman Bill Neal called the meeting to order at 3:15 p.m. at the Development Services Building, Conference Room E. A~endance: Thomas Briscoe, James Lennane, Robert Messmer, Bill Neal, and Michael Bruet (3:30), members; Val Prince, Collier County Transportabon Landscape Services; Stan Litsinger. Planning Department; Mike McGee, McGee and Associates: Jacqueline Silano. recording secretary. blaintenance Issues & Reports A Stan Litsinger discussed the concerns expressed at the last meeting regarding the Sunshine ~ssues and the private endeavors of BART (Bayshore Avalon Redevelopment Team) with Heidi Aston of the Count/ Attorney's office. Ms. Aston felt there were potential problems since the 8ART actwities and the activities taking place under the MSTU are roamed" As tv/o members of the Beautification Advisory Committee are also members of BART. conflicts may arise. Ms. Aston suggested that th,.'}. BART meetings be made public with official minutes taken, so that common issues can be raised without violation of the Sunshine law Mr. Dts~nqer advised the members to contact Ms. Aston with any questions B Mr. Litsinger reported that he met with Commissioner Mac'Kie and the County Manager last Friday to discuss the draw down of tax dollars and ~ssue of the MSTU's undertaking of the maintenance that is curre¢:'.v funded by Fund 102. Bill Neal also met with Commissioner Mac'Kie Iast v/eek He expressed h~s concern regarding the reduction of the tax base from $200.000.000 to S168.000,000 which resulted when the taxing ,,'nap was revised ','J~thout the consent of this committee Stan ad.J~sed that this was a result of public meet~n§ held ~n November who:- number cf residents Cr3m ce,,tain areas expressed their opposition to the taxation Under direct,on from the BCC. Ms Aston prepared t`"'Jo alterna:..,'.~: 3oundar'/ maps that exciuded the opposed areas, which essent~a::',, ~ncludes the Ava',on area. The committee members expressed the.r concern over the resu,, .,~ reduction in funds to complete the project ~. three-year time sched'..!e origt.'n, alt,! planned C Mr Neal further exr..ressed h~s concern about the admmistratwe charges r.e charged against th~s M.S TU Start Litsinger has discussed this v,::'-, Commissioner Mac'K~e and County Manager Fernandez ,.'/ho were aware of this operating policy Mr Fernandez will be working w~th ',.':~. Prince and Ed Ilschner and ;'/dt look at alternabve methods as well as a': alternative use of Fund 102 once the MSTU takes over the maintenance Mr. Litsinger advised that although the boundary lines have been redrawn. that the assessed value would be very close to the original S200.000.000 Val Prince met with a member of the tax office to estimate the assessed value of the areas included in the approved d~strict boundaries. Based on the millage codes, and conservatively allowing I/3 of areas 81 and 86. he estimated S164.000.000 Val advised that the only area that the Landscaoe Operations Department maintains is Bayshore Drive: Road and Br~d~e maintain the remaining areas. Mr. Litsinger felt that the County Manage: and the Commissioner would be looking into keeping the allocated funds ~ the MSTU area perhaps to use for maintenance of side roads. Mr. Lennane requested a copy of a detailed assessment value for the ur, its in the ta;,'~'~? district. The consensus of the committee was to recommend taxin9 the MSTU 3 mills for the project LANDSCAPE ARCHITECT'S REPORT A i','l~ke McGee advised that the installation of !he reuse v,,ater line f Thommason Drwe ~q front of Windstar was or,greatly estimated at S33 ~ased upon the original xeroscape design using smaller mare line smaller jack and bores VlCth a full landscape concept, significant!7 funds will be needed '.,/al Prince advised that currently S30.000 is ava~iaz -:: under Other Contractual Se¢,~ices and S12.000 under Electrical. Mike sa:d the original estimates were based uoon prices from the private sector S12-S13 per lineal foot If the County's annual contract is used. it w~ll S50 per foot unless the work is tied into a complete landscape exceeding S25.000 which tnggers the bid process Val advised that ne'.',. T. onstruction ~s overseen by OCPM as a capital project. Mr Nea! ',',.as reassured that ~f the 542.000 is not used between now and October I:' the funds would be carried forward m Fund 102: an executive summary be needed to transfer the funds. Mr Prince recommended following uo '.'. ' a...,/~s~d that ,he count'/ari.o..vs two :rte County Manager ,,lt. L!tsinger ,4,. ¢, to be charged for the same contract BUCGET ISSUES ...... o,, to establish a three m~lt ,axa. on rate amc; to m~t~ate '"~ - ~l~,r~.¢ '/ears' worth of revenue the ,,-,, .... .~ ,,o, year of which wfli be avaflabie" ia/at,on and a tv/o-'/ear interest free loan from '.he Cour'&;' secor;d,3~: :'., ~,~i;,:e Bruet and carried unar. imous!y './al Pr~nce ,.',,ill 2repare a ,_,raft of an ,' .... ,' ,' exe~uuv~: summar'/ for the -. q:~-~t.,-,g ....... He noted fha.' a pc'"t~cn of the funds shou!d be al,,...a.,..d~'- reserves to avoid a shortfall. OTHER There was some discussion regarding using an outside firm to do a study Val cautioned that when using taxpayers' funds, a RFP (Request for Proposal) must be used and would take several months. Mike McGee made a presentation of a conceptual median landscape design: a lengthy discussion ensued. Mr. Lennane inquired whether the utility lines could be buried in the medians; Mike McGee advised that for safety reasons, they must be placed on the side right of way lines. (Mike McGee left at 5:30 p.m.) Mr Litsinger advised that if a group wished to go forward with a CRA. they should consult Commissioner Mac'Kie. She would then instruct count'/ staff to prepare the appropriate executive summary. Mr. Lennane felt that this would be most beneficial for the area. Mr. Litsinger will advise if the M.S.T.U. advisory committee can make this request. D Several landscape architectural firms will be invited to the next meeting to speak with the group As there was no further business to discuss the meeting was adjourned at 5:35 p.m The next meeting will be held on I'.,londay. May 4' at 4:15 p.m.. at the East Na~3ies Community Park April 6. 199.~ Ih~'~h,~re .-t ~ ab,ti [le~ti. ficati~;tl AdrisoO. t*~mtmittee I',t',' 3 COUJER COUNTY GOVERNMENT PF. LICAN BAh' SERVICES DIVISION 801 LAUREL OAK DRIVE SUITE NAPLES, FL 3q ¢941) FtLX (9-I 1) 597-45~ A CERTIFIED BLUE ~ HIP ~ ' NOTICE OF PUBLIC MEETING NOTICE IS ltEREBY GIVEN OF A REGULAR MEETING OF THE PELICAN BAY MSTBU ADVISORY COMMITTEE AT THE FOUNDATION CENTER. 8962 HAMMOCK OAK DRIVE, NAPLES. FLORIDA 34108 ON May 6, 1998 at 3:00 P..M. AGENDA Roll Call Approval of Minutes of April I, 1998 Meeting Clam Bay Restoration Program A) B) C) Status Report - Mr. Ted Brown Consideration of Restoration Project Time Schedule Review of Fiscal Year 1998 and Fiscal Year 1999 Budget 4 5 6 7 8. Consideration of proposal for the removal of Australian Pines Review of Collier County SherifFs proposal to provide Community Policing for Fiscal Year 1999 and analysis of Fiscal Year 1998 services Audience Participation Committee Requests Adjourn ADDITIONALLY. THIS NOTICE ADVISES THAT, IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE PELICAN BAY ADVISORY COMMITTEE. WITH RESPECT TO ANY MATTER CONSIDERED AT Tills MEETING. HE \VILL NEED A RECORD OF THE PROCEEDINGS AND THAT FOR SUCH PURPOSE. HE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF Tt4E PROCEEDINGS IS MADE. WHICtt RECORD INCLUDES THE TESTIMONY AND EVII) I:.NCt£ ~[~}N ~,VHICtt THE APPEAL IS TO BE BASED Cons rant Mac'K~e .~.err y Naples. Florida April 1. 199:4 LET IT BE KNOWN. Ihat thc Pelican Da)' MSTBU Advisory Committee met in Regular Scssion on Ih~s date at 3:(X) P.M. at thc Foun~fion Ccnlcr. g962 HammoCk Oak Drive. Naples wilh thc follo~¥ing members present: Dr. Alan Varig'. Chairnmn Mr. George Wemcr. Vice Chairman ,",Ir. Thomas Bro,,sn Mr. James Carroll Mr. Frederick Flatto IAbscnl) Mr. Ed'~-ard Griffith Mr. Glen itarrcll Mr. ltcrbert tiasson (Absent) Mr. John Ho:vt Mrs. Cornclia Kricgh Mrs. Maureen McCarthy Mrs. Cora Ohio' (Absent) Mr. Anthony Pires Mr. David Rocllig Mr. Bcrnon Young ALSO PRESENT: Ms. Sarah Clark and Mr. Mike Rippe. Florida Department of Transportatiom ,".ir George Bother and Nits. John Hickman. Bother Land Design: approximalcl,,' 17 Pelican Bay residents. Mr. James P Ward. Dv,'ision Admm~strator: Mr K.,,le Lukasx. Division Field'Manager and l'~rs. Barbara Smifl~. Recording Secretary. AGENI')Ai 4 Roll Call Approval of Minutes of the March 4. and March 17. 1998 Minutes Presentation regarding U.S. 41 ~,idening A. FDOT- Road Construction B. George Bother - Median Landscaping Audience Pani¢ipalion Committee Requests Adjourn ROI. I. CAI.I.: Dr Varicy called Iht l~lccl~Jlg to order and asked Ih'Il the Record sho,,~ ,",Irs. Cora Oblc.', and Mr t lcrbcn t tasson ~ ith an excused absence and Mr. Fred Flatto with an uncxcuscd absence APPROVAl. OF MINUTES OF TIlE .MARCH 4~ 1998 MEETINC Mr. ~tern,~r moved, seconded by hlr. t~t'r¢$ and unanimously the ,$linute~ of the March 4, 1998 Me, ting. aPPr°vedI APPROVAL OF MINUTES OF TIlE MARCH 17~ 1998 MEETINC ununimousl), the Minutes of the March 17, 1998 ,Sleeting. PELICAN BAY ADVISORY COMMII-I'EE April 1. 1997 16G PRESENTATION REGARDING U.S..11 WIDENING .",lr. Griffith explained that s,ncc u'c have been talking about thc six laning of US 41 and thc landscap,ng of the medians. I thought it would be appropriate to havc the experts on Ihc subject present that program to us. We have Mr. Rippo and Nfs. Clark of thc Florida Department of Transponallon. along s, tth Mr. George Bolner and Mr. John Hickman from the BOther Land Design finn '.,Ilo have bccn s~orking for Naplcscape Nit Rippe explained that he and Nls Clark are both ProJect Managers xsith the Florida Department of Transportation out of Fort Myers. The first project is from Myrtle Road to lmmokalcc Road and the ~:cond project is lmmokalce Road up lO Old US 41. Both of these projects ate going froln., four lane to a six lane roads,ay. We have xsorked on Ihese projects for a number of'.cars We '.xorkcd sslth thc i2oard of Count.,,' Commissioners and tile Metropolitan Planning Organiz~ation and the',' asked if ~e could '.gork ,,,.ith Ihe development community to try lo build this road,,av s,.llliJn thc cx~st,ng r,gl,t-of- ,,sav It not onl'. sascs the right-of-,,~.ay costs, but also buying nght-of-,,sas' ss a two .~car process bs Ibc Imm ,,,c idcnt,fy, get apprai.~'fls and negotiate. We svorked ,,,~th We! and Collier Enterprises and h:,,c been able to accomplish '.,hat thc.',' have asked us to do Both prOjects ,,,,ill be constructed next summer V. Jlh Ibis assistance It ,s going to benefit evcoonc and is a "Win.~¥in" s,tuation in our mind Mr. RJppe continued that in focusing on Ibc section from Vandcrbih Beach Road south to Gulf Park Dnvc Is a four lane divided rural section right noxs'. In rural sections our ~satcr management needs are being incorporated roadside into dilches or sssalcs Wilh the new section ',,,e arc going to continue to base a majorll.v of our treatment handled in Iht ditches and sxvalcs We '.'.,11 utilize thc cx~sting four lanes of pavement ;md s~idcn to thc inside and outside, pulling curbing on the reside at the median Wc '.rill haxc 3 6 meter lanes in each direction. ,.,hich is ts,el,sc feet. '...ilh a 1.5 mctcr paved shoulder, or approximately five feet. on each side and then Ihe ss, ales or dilchcs. We also have another partner tn this besides thc development commumly and thai is Colher Count)' Because the rlght-of-x~a.,.' was tight x~c needed to utilize some of the Trail Boulevard rlght-of-s~,ay on Ihe east side of US 41 much in the same svay as s~hcn Ibc section to Ibc south was done by WCI. We needed that additional right-of-x~ay to put thc 2883 PELICAN BAY ADVISORY COMMII'FEE Apnl 1. 1997 back slope in to kccp il a flat slope ralhcr than a sleep one. Collier County also stepped up to the plate and hclpcd us v, ith those issues. Mr. Rippe explained that lhcrc ts a 66 meter median, minus thc curb. xshich cotncs out to about a 5.4 meter median that ',se :s, ill have. ~shich is approximately an eighteen f~l median Since xvt arc having curbing. Ihat alloxss certain criteria. That ~)'s that you don't want to place an munovablc object t~ clo~ to a mnnmg lane. that uay if Sou ~n off Ibc road there ls ~me clear rccovcn rune. Second. ~s your site triangles When )ou pull up to an mtcr~ction and you I~k north and ~uth. that there is not vegetation obsl~ctmg )our vicss Mr Bother is xcn. a~sare of our crHcria for ~lh thc she distances and clear zones Thc area that Is clout to thc curbing requires loxscr t)~ of plants. ~ hJch arc approximatcl5 4" in diamclcr nnd ~' a~vc Ibc ground Mr Wcrncr asked ~shcn Mr Rip~ referred Io next summer. ~sas he referring to 199~ or 1999'~ Mr Riper replied thc summer of 199') Our cugcn~ ~hcdulc c;HIs for H to ~ Ii, lc summer and uc arc tOing to ;~dvancc the design plans as rapidly as ~ssiblc sshere sst m~ght move il ~o early summer. but as of right no~s fl~c current ~hcdulc is kite summer of 1999. Mr. C;~rroll asked how long the ~OJccl ~sould take7 Mr. Rip~ replied that ~sc do not have Ibc exact numar of contrau dass calculated right hms. but I am figuring a year and one h;Hf for ~lh prOjects Thcs arc gom~ ~o t~ Icl together and x~fll climinalc thc mconxcmcnce of tearing Ihings up I~sicR. Mr Jinl Caner. Oakmont rcsidcnl, asked ff ~l~cre xsould ~ mccnmcs for this ~sork lo ~ do,c early or ~nall~cs flit ~s done lalc'~ Sir RJppe replied that thc FDO'F has been using some innoval~.c b~dding techniques on some of s~s' projects I can'l anss~cr .',our qucstmn on tlus and ! u. fil get back Io Mr Grfffilh. but I don't think x~c ha,.c ans mcenl~:¢s on lh~s one There ;Ire sc~.eral l.',pe of techniques Ihal arc allo~scd no~s ',shich ~s mon¢.x ,n thc hand m .~ou fimsh carl.',. ~f)ou fimsh late xsc f:lkc money a~ax There ~s a thing called Ibc "No Excu~ ~onus". xshcrc Ihcrc ;~rc no cxcu~s, c~thcr )ou mccl Ibis or ~ou gel none of Ibc t~nus. Thcs have a bid a~cragmg mcth~ ~hcrc )ou lake five bids. thro~ oul Ibc high and Iow and aver. ge Iht olhc~ 2884 PELICAN BAY ADVISORY COMMI'ITEE April i. 1997 three and ~ho :scvcr closesl to Ibc middle gcts the bid In Iht past ~te have al~a.~-s been a Iot~. biddcr orgam,'-']lion so ~c arc looking Io get belier qtlalily and tilings done In a more Imlcl.~ manner back I. Mr Grlffilh on ihat ans,,~er because I just cannot recall ~hat ~,':11 be donc on Ibis projecl. .k'Ir. Sam Rosen. Laurel Oak Residcnl. asked if any bio. cie or ~alk~ng palhs wol:ld be placed along that road" .",ir. Rlppe rcplicd that ~c have thc l.',pical sections in Ihcse jobs changc as x,c go through,tit This job ts an.~lhing but normal in a normal project the t.qaical section remains aboul Ihe s;im¢ IhroiJghoul and x~c provide (:ilher paved shoulders, sidc,,~,~alks, palhx,,a.,.s, crc On Ibc sccllon from Gl:If Park Drl~,c Io ".'anderbill l~¢ach Road ~e do not have an)' indi,,':dual p;:lh~;l.,,s associated ~,,'ilh Ih~l seCl:On V~'e do have 5' payed shoulders ~hich is for T)lae A bicyclists that like to be out ~ith thc traffic and lraxcl az speeds of 2.5.30 mph In this area ae do have Trial Boulevard on the east and is a Io~ ~olumc. Iox¥ speed road~a? ~h/ch could aec, mm,dale bicyclists. Once you get Io ~,tandcrbilt Beach Ro;ld and procccd north mi, Ibc Naples Park area. there ~,~,'ill be side'.,,alks on Iht N;:plcs Park side Oncc xo~: get up lo Iht area of Immokalee road there are going to be side~'alks on bolh sides ¥,'ilh curb and g::llcr ins:dc and oulside unlil .~ou gel north of Ihe Cocohatchee River. At that poinl II goes back lo a .seCl~on much hkc .~our <ct:on. which is a rural section and a one side paih~a.~-:n thai area. Mr Young Staled thai :t aas meal%.ned that [he s~'ale ~'stem ~*ould be continued and ~'c ;irc increasing Ibc road area. so ~c ifil be increasing the runoff Are ~'e going Io increase Ibis ditch x~c currenllv haxc and make ii bigger'~ ,".ir Rippc replied ti:al all of tile permits ha~,'e to be secured from tile cn~'irormlcnlal agencies ~,~,'e ~,~ill be handling a m;oorit.v of,ur needs within Ihe spreader sx,,ale '.~hJch :sa 1:6 fronl slope and I 4 back slope ;tad Is nothing Ih;il Is going I, look like a ditch, but more of a s~;lle situation like x~'c h;~c now So{ne of fills X~aler x~dl be going up Io tile Pelican March s3.slcm ,kit. Yolmg asked on tile ~csl side ofU $ 41 along Pelican Ba~ ;:re .~ou going to haxe lo incrc:lsc that ditch so [h;~[ .~ou migtll ha~c to start taking out existing shrubbep,., or an.,,lhmg Ihal is there no~') 2885 PELICAN BAY ADVISORY COMMITI'EE April I. 1997 Mr R,ppc rephcd Ihat v,c arc not rcqmnng any addmonal nght-of.v, ay off of Pelican v. lll bc regraded, but not impacting an.,.flfing outside of our existing nghl-of-v.a.,. Mr Ho.'.t stated that ha understood there was a traffic signal scheduled for ['clican l?,av f~oulc'.ard and US 41 And asked if that v. ould go in before thc :~idcning project7 N!s Clark reported that Collier Count.,,' has decided Io go for`,~.ard and put th;il signal in Thc.,, have done thc design, a perm,t has been ,ssucd and I beltcvc thc mast arms arc on order Thctc approxmmlcly a fi',c month icad time on delivery of Ihose masts. Oncc thc mast arms arc rccc,xcd thc Count.,,' v, ill go ahead and start thc construction. ,".Ir Rocllig askcd if thc curbing and treatment will impact thc speed bruits" Mr R,ppc replied th:it fl,c,, arc looking at a des,gn speed of 45 mph throughoul most of tile road~a.~ Wc get thc design speed SCl and Ihcrc has becn times that ~,,'c have raised Ihe speed lim,~s We ha,.'c gotten ,nlo speed Sludics and take a cross section of the traffic and thc 85'h percentile Js ,.,,here wc can set thc speed '.% ;irc not exceeding 55 in urbanized areas such as Ihls. 60 for I~,.o I;mc rural and 65 for four lane rural Dr. x,';irlc.,, stated that Ihcrc has been a lot ofdJ~usslon in thc pasl abotll having sleeves put ,n for ~rng:mon and ;lsl.;¢d ,flhal ',,,'as being done in this SeCliot~? .Mr Rippc replied that he talked ~,,,ith the design engineers this morning and thev have made a couple of requests of Collier Count,,' for identification of location of fl~e sleeving We have not ,,ct rccc~cd a response and I have rcqt,cstcd thcm again to conlacl Mr. Pnncc ;ts opposcd to Mr. Kant We ,.,,'ill install them using our best cnginecnng judgment it' thc.,,' do not respond, but I am hopiag lh:~t Ihcv ,.,,ill give us thc cx:~ct localions. Mr ,ttcnrs.. Hamill. Pelican Bay resident, asked v,'hcn US 41 '.,.ould be six laned to and past ,M)crs rather fi,an ,n and out? Mr Rlppe replied that there :Irc Iv.o major s,x lane prOJects going on right no~v. from Al~co lo Island Park Road and from lsl;md Park Ro;ld Io [)ar:icls. North of Darnels ~1 :s s~x laned ;ill thc ',~;p. lo thc 2886 PELICAN BAY ADVISORY CO,M,",IH"TEE April I. 1997 bridge. From Alice lo San Carlos heading south, that is targeted for Fiscal Year 1999-2000 ;~hich is Jul~ I. 1999 - June 3{}. 2¢X.10. Tile missing link of San Carlos do,,tn to Old US 41 is under design. Mr George Bother explained that he has been ~'orking for tile last six years as President Director of Collier Naplescape. in lhat capacity we have been involved offand on in ibis project as long as I have been in;oiled in Naplcscape. We have been talking about sotneday being able lo landscape Ibis road,,,,a.,, v, hich ~s .',our frontage on US 41. In lite carl,, da.,,; t,,-c ;,,'crc thinking thc landscape cfi'on might be a Ihrce pan effort, including the homeo~,ners of Pelican Ba.,,. homco,,,,ners of Pine Ridge and WCI fact. ;lc had cormmlmcnls from D.',.o of Ihosc three panics on Ibis s,dc of the road I ..'cat lhot;gh number of prcscrll.mons lo Ihe Pine Ridge people v, hich ulllmalch' lead to no real avail. ~o l~' lo sol,ell a third of Ibc fund,ns fhal ;~ould be necessary 1o landscape this segment I-taring failed Ihal allcmpl Ibc project languished for a ;~hlle unld T~e ;;ere contacled by Ihe Pelican Bay Propeily O;t nets Associal,on tO' to get It going e;cn ff it In;'ol;'ed nolhing more titan Ihe medians and Pelican Bay's side of the of-;~'a? We did cost eslimates of T~hat it t~'ouJd be to landscape the first segment up lo Gulf Park and look at that In concert ~lth ultimately landscaping all of the frontage ~h,ch is approximalcJ.~ 2 miles We came tip ;t'ith eslimales in the neighborhood of about $350.000 including the soft costs of ahich approxunalely I0% are soft costs such as design fees and that times I~o gave us a prOJect of about $7OO.¢~'~) Thai ]sa prelly hea;'s boat to float Undeterred ~e mo;ed forx~ard x~ith the blessing of thc Pelican Bay Propcily O~tners Assoc:alion and WCI m parlnership, for a cerlafn amount of funding fo least SCi thc program kick slatted .Mr [3other conlmued Ih;il the kick start is real1;' for m; firm lo bc~ln to develop design plans for a t~to phased project The first phase is from Seagate norlh io Gulf Park Drlxc and Ihat is tile segment thai I ha;e brought tile Illustral,on for We ha;e been engaged Io do both paris of tile landscape design ~ork and Ihe pcrm~lllng through FDOT The first pail of the design is done for Ihal budget If tile funding ~tere a;a,lable, the FT)OT process ;thich ;re are quite familiar x~tth, it would lake us aboul four monlhs once ~e ha;c tile documenls lo tile point to ;~herc ;~c think lhes are reads to be bid. There ~s also the possibilily thai for Phase Il ae could allempt to secure a [ligh;~a.~ Beautification Granl through FDOT 2~R7 PELICAN BAY ADVISORY COMMITTEE April 1. 1997 xshich x~c haxc bccn doing succcssfull.,.' for lhe past couple ofyears on other projccts in Ihc counlv Thai a much more laborious and tlmc ~ntcn$ive exercise. Thc State will allosx, up to Sl50.000 per projccl spenl approx:malely $.~o.1'~')0 last )car on David Boulevard. gelling our $150.000. bul x~c still fell ~t xxorthx~hile The level of de:ad and scrutiny is unbelievable, xxhen .you go through an F'DOT [cvic~ process. Fourlcen agencies and groups look at il and is a very inleresting exercise. Thai mighl s~ork polential for Phase Il as a funding opportumly The Property Oxsners Association asked us Io for',~ard ~ith this first phase to get lhe documents to a point a'here ,.se ~ould be read)' to subrmt for permit reviexs essentially within the next couple of months. A lot of tluat is dependenl upon Ibc fa:sing capab,lmes Our job as consuhanls is [o do Ihe design u'ork, and ~e :irc ~sell Inlo Ih;il process We arc re;ids xvt[bin the next monlh lo have documents prepared to sliblllil tO FDOT for their rex Mr Dolncr Staled Ihal all of the malcrials being used arc Flomda n;tl,sc spec,cs 'Fh:,l ,~cshcs YeO' ss¢l} ~gHh o~lr desire lhroughout the Counlv Io be as "xeriph)l~c" as ~e can, Io lnSl:lll landsc:~pc Ih:il consumes thc least amOUnl of ~rr:gatson xsaler as posstble. We are doing that in Il:is phase, considering :hal x~c ;arc tn son of an upscale neighborhood, the grasses 11031 s~¢ show ;md It,crc ,s xcr., Iitllc gr;,ss this design. ~s Ibc SI Augustine ~ametx Do s~e have IO use St Augustine. can we go lo l']ahia. )es tha~ ts v. hal ~e arc doing on Davis Boulevard Wot:Id sse tolerate it here as a cover maternal'? I do nol know ssould be a dcc~sion for .you folks. In any case. any Im]e ae use a grass xxe have to irrigate it and thc nos~ reqmrcs a drip or non-spray form of irrigation, ah:ch in our experience so far. costs about Ihrec lilacs as mt:ch :is thc conxentional spray ~rmgallon Thai is another strong and compelling reason for us lo usc xcriscape t¢chmqucs as much ;is x~e can. We are no~¥ looking at spending almost as :n~tch mo~,cx irt:gallon as s~e arc plants. On lite surface lhal ssould seem a sill)' proposition, but thc compelling read, on is lite falalilicS their haxc occurred as a result of oxcr spray. There is ;0 good slrong reason x~h~ lechnique is ~n pi:ice and it is causing us in lhe design profess:on IO become less relianl on ~rmg;mon become more xemph.~t~c m our landscape design thinking and philosophies The ground covers arc ;dso very xertphat~c, the design statement shosss malur¢ canopy material occurring m,dpomI and lhen thc color materials occurmng ;~l the noses. ~here lhere is a general slosving doxsn of Iraffic and people have thc PELICAN BAY ADVISORY COMMITTEE April I. 1997 opportumty Io rcx'iex~ and appreciate snore fine deLail Ihan thru.' do xshcn lhcv arc traveling 55 mph Roa&gav landscape is differcni th:m an,,' oilier kind of landscaping that you will do It is 55 mph landscape, you don't have tm~e to pcrccls'e a great deal of detail. In fact. ~shen there Is a Iol of fussy dclml in medians at that speed. I find it ~cr). annoying. What you are tr).'ing to do ~s create broad sxvatchcs of color and movement in lhe placement of tree material Ihat is consistent ~ith .,,our abililv to appreciate, :~ a motorist Il has alrcadx' been mentIoned Ibc importance of site lines, that ~s faclorcd 'Jmsn [o 1/10':' o£ ;i millimeter bx FDOT in Iheir r¢gul:ll~ons We haxc Io li~e by thc Bible lhal comes dox~n Io us from FDO'F Mr GroWth asked a~ul the request from IbC Counlx for thc slccxc l~ations" .Mr Bother replied that should ~ his job Right noxs' sse haxc t~so roads, one of x~hich h:ts .o slc~cs at all and that ss a real cost I~ ~s up~sards of $1~l.t~n) to put sleeves m a mdc of road~:~ l~ ~s really-n~nant to get tho~ slccxcs Wc need Ibc name of mc individual lo conlact We knox~ where thc~ slecxcs need Io go and do work pretty' clo~ ~silh Ibc County staff' It ~s gmng Io go around ~n :~ circle FDOT asks tl~c Counb. ~sho asks us. ~sho turns around and tells FDOT Those sleeves sho.ld ~. shoxsn on our dra~smgs ~cau~ Ihc~ are cxlremcly ~m~qnl Io us m lcrms of how ~sc lay oul dsc irngalson s5 stem 5. Ir Rip~ slated flint Ibc FDOT's cont:~cl needs to ~ d~e Counts ~c:msc thcx arc the agent) ~h:tt d~e mam~cn:.~cc agrecmcn~ ~s~ll ~ s~gncd ~llh Wc ~slll ~ conlacnng Mr V;d Prince and ~fyou would al~ contact 5.1r Pr~ncc. ho~fisll5 xsc can each &ncfil Mr Bother replied thai he ~sould do lhal Mrs McCarthy asked if sshen you ~serc rcfcrnng to xeri~a~ landscaping and less de.nde.cc on ~satcr apphca~on. ~s there al~ less de.halenco on ~st~adcs and femhzmg" Mr ~olncr replied that )es. s~c In' ~o u~ a bullet pr~f palclte of matcr~al Those maler~:fi~ x,,~ lend to sec a Io~ of~cau~ Ibc)are su~'~ors. Thc~ arc thc most resistant to d~sca~ and fungus There ~s tremendous fungus problem m Ibis area. probabl) thc ~sorst m thc S~atc Thai ~s x~hv they arc FIorld:~ hat,xes and ha~c ~cn here a lot longer than x~c haxc ~cn here 2889 PELICAN BAY ADVISORY COMMITTEE Aphl I. 1997 ,",ir. Rocllig askcd if thcrc was morc or lc.ss maintcnancc involvcd ,,~'ith thc drip irrigation? Mr. Botncr rcplicd that it dcpcnds upon ~ho you talk lo. It is fairly ncw tcchnolo~, which has bccn around in thc agricultural industry and v,'c arc jusl nov,. getting uscd to it. Thc carly attcmpts ~ith Icaking pipc rcsuhcd in roots pcnctrating thc materials and causing brcakdown. Thcrc is significam ~c~' tcchnology nov.' that v.'tli hopcfully reducc the mainlcnancc. Basically if you figurc ~hat ~c havc to do that for cvcry tv.clvc inchcs of grass. ~'c havc Io run ~A" diamctcr pipc. m'cP,.' loot throughout thc cmirc lcngth v.ith Iittlc cmittcrs c~.cO. fool. you can start Io image thc potcntia] for maintcnancc. Il is ma!cH:il that is ut~dcr {hc ground or undcr Ibc mulch that you can't scc. so if.sou go out and stick a shovel in ground )ou can puncturc thc cnlirc ~'stcm. Thcrc is ncw tcchniqucs and it is gctting a littlc bcttcr Ii'it is going lo bc th,at or no landscapc, st bchoovcs us lo learn as much as ss-c can about it. I ~'ould havc lo that ii ~s morc maintcnancc in/cns~,,'c unit] s~c gct thc ~'stcms rcfincd bctlcr ihan thO. arc no~v. ,Mr. Young :Jskcd ir,',~r. Bott~cr just dcsigncd thc program and Ihcn ~t ~cnt out for bid'? Mr. BOther rcplicd that d~cy arc ]ikc architccts. Wc arc not a dcsign buall lqrm Thts Is pt~blic ',*'ork and all has to go out for bid. Wc will dcsign thc documcnts and assist thc Couniy ~hich probably bc thc agcnO. ~,hich constructs and maintains it. Dr. Varlo* askcd if thc $7o0.~X) ~*as thc top dcsign figurc? Mr. Bolncr rcplicd that is our budgct and is actually a light budgct. Whcn you factor ~n thc addiliona] costs of lhosc L, pcs of irrigalion s).'slcms and if you ~,'ar~l thc typc of canopy covcr ti~csc dcsigt~s provide ~s. Ih:~t ~s ;~bout as lilllc as ~'c could spcnd for cvcr3-thing, including ali ofihc sort costs. Dr.. Varlcy askcd from ,',,ir. Botncr's cxpcricncc, hov,' docs thc ~naintcnancc work? ,*'.ir. Botncr rcpIicd Ihat thc Count.,,' docs Ihc maintcnancc oncc ins~:dlcd, which is ibc that has bccn uscd so fnr. Thc County can cilhcr out sourcc that or staff up and do it in-housc. Dr. V'arlcy askcd if that ~orkcd ~vcll? Mr. Bolncr rcplicd that il has bccn arcal lcarning proccss, cspccially i-or thc County. Ail of Ihis maintcnancc work ~'ithin thc right-of, way is slill a fairly nc~v busincss to thc County. Within Ihc last tcn .,,'ears almost all of thc landscaping you scc has bccn installcd and thcy arc Ir).'ing to gcar up and bc abrcas~ 2890 PELICAN BAY ADVISORY COMMITTEE April I, 1997 of it. The:. do have a number ofconlracts ~'ilh outside sources to maintain various scgmcnls. Unless the Dislric! or some other arrangement is made. il v, ould be lhe County. Thc Count)' is legally going to be responsible for it. They can subcontract that to another chilly, to a private developer for example and ~c have done those kinds of arrangements, but il is thc County's responsibility Io sec thai it Is maintained Dr Varlc~ stated that ~c aced to nail do~n ,~hat tile long term mainlcnancc mlghl lac. bo~h ~orst and best scenario. Mr. Botncr replied tint he crunches ~hose numbers ali the time. We kno~ ~,hat it costs now to maintain a rnllc of landscape and tthal t~.c might forecast Ibis segment to be. but on thc other side. ~c :irc using Icchniqucs which should bc less costly for us to maintain re'er time. Xenscapc goes a long tha£ regard Dr. Varlc.,, stated lhat lie is not talking about thc total amount, but the rcsponsibilJt.v of t~ ho ~s going to pay I~. It is my understanding that the County is taking the responstbility of pa.~,ng il It ~ould not be coming back to Pelican Bay having funded it and also ha~,e to maintain it forever. ,Mr Bother replied Iha! Is absolutely correct. Dr Varlcv asked if there has been an...' other areas in thc communlt,, x~herc a cn~zcns group has almost totally funded median landscaping and if~ ho,,~' does it uork" Mr. Bomcr replied thai hc docs not kno~, that there Is a citizens groups that Ires done ~t level, but ~c ha~c had a lot of pw,.atc development interests in it. Where there has been citizen tnlcres[ that normally has translated into a taxing district We have four MSTBU's m Collier County righ~ for bcaut~fic:mon, such as hnmokalcc. Golden Gate. Lely and Marco Island They have all dccidcd to tax Ihcmsclvcs to do this and recently. Radio Road. Mrs. McCarthy asked if thc County has mcr stepped up to thc plate and offcrcd to pay for so,nc of fllcse beautification projects'? Mr. Bomcr stated thc5' have offered to pay part of the installation costs. ,,~hich arc the hard costs They don't normally offer. We bring them a deal and the.',' figure out v, hcthcr or not It fits into theIr thinking. So far '~c have been succcssfl~l ex.cD. t,mc ~,,ith them 2891 PELICAN BAY ADVISORY COMMITTEE April I. 1997 Mrs. McCarthy asked if he anticipated thc Count)' picking up an)' of this S700.0tX) cosl? Mr. Bother stated that he cannot anv~er that until the deal is packaged and taken to thc Board is somc~hat a political issue, but there is a lot of precedent for it. over? Mr. Rocllig asked if we ~'ould have to maintain it for a year or mo before the County took it Mr. Bother replied no. they.' take it over immediately. Mr Bother explained ;hat when ~'e did Immokalee Road that started out x~'hcrc the developer. Collier Emerpnscs. maintained il under contract x~'ith thc Count)' for ts~o ?cars Thai only ]ailed one xc:lr before the Count~ ~rcnchcd it a~ay and look il over. Mr. Young asked who provided thc $40,0~ seed monO- to get thc $150.000 gram? Mr. Bother replied that it was funded privately and ultimately publicly Collier Naplcsc:~pc funded a porlion of it inilially, about $10.000 of the fo~'. Then ~,~e held public meetings Iilcrall,, on thc street lo solicit donations from thc frontage o~,vncrs and ~'c got about $40.000 in pledges That ~as not just for soft costs, but for hard costs also. Once having gone through all of that and securing about half of thc soft cost funding, a'e went to thc Count)' and son of dovctailed Da,,~s ~ith thc completion of a Strcctscapc Master Plan for the entire Count)' ~hich 1 had been working on for three )ears. Thc) dcc~dcd to fund both of those projects simultaneously. So the Count)' itself funded $52.0~x). plus reimburs~ble expenses to complete both projects. Thc Strcctscapc Mailer Plan realb' put us over thc lop tn terms of core,ting cffcct~xcly and ultimatcls favorably for Iht State Beautification Grant u, hlch x~c ~on [h;~[ xcar Mr. Young asked if Pclican l~av could be considered t~o projects and if the seed money were up front ,,~c could actually go for $30O.0O07 Mr. Bother replied that it would have to be two separate projects. You can call it Phase I and Il. We can do that one and then come back and do another which ~ill be a sequel, but not a phase. F'DOT is concerned ff they approve funding for a phase that there would be some understanding that they would be responsible for thc ultimate phase. We have already tried that and it did not work. It can be two projects. they just happon to be next to each other. 2892 PELICAN BAY ADVISORY COMMITTEE April 1. 1997 Ms. Rose Johnson, St. Lucia stated that she did not hear mention of Gulf Bay and asked if they ',,,crc nol going Io help financially7 Mr. Bother stated that is a question that Mr. O'Connor is going lo have to ans~ver. Mr. Sam Rosen. Laurel Oaks stated that ~'e ~ill be placing these plantings on County or Stale lands and asked if at some time in the future thc3, could just decide the)' needed more land and destroy the shrubs7 Mr. Botncr rcplicd that Ihcy can. but they promise Ih~' ~'ill nevcr do that. i asked that qucstion in an MPO meeting Ihe olher day NIL Rippe stated that the), have a Maximum U~oan Arterial Lane Policy. What that says is that six lanes is the maximum through laning Ihal Ihe,.' are going lo go ~'ith If that six lanes get full. x~¢ not going lo go Io eight or ten. like on Ihe other coasl. It is time lo look for a parallel corridor and start developing that, much like we are doing in Lee Count)' and looking for a melro corridor Ihal is parallel ~ailh US 41. Any,,~hcre il is four lancd ~a'c arc probably going Io be coming )our way soon. but once ~c get to six that is pretty much Ihc ultimate. Mrs. NtcCarlhy stated that .you have made the decision to nol go be)'ond six and asked if ~hcrc had been a time that you had made the decision to not go be). end four7 Mr. Rippe replied that no lhere ~','as not. In some areas you can see that twenty-four lanes not oul of thc question on Ihe other coasl. We have had a six lane pohcy for the past five to six ye:~rs and have held fast on that. You do not get the efficiency when .~ou go to eighl lanes. From t~'o to four .~ou get a lot of capacity. When you go from four to six you don't get as much. but substantial. When )ou go from six to eight you get even less capacity and the issue there is safety and that is our number priori{)'. It is just not as s~ffe above six. Mr. Joe Fruggio (phonetic). Pebble Creeks asked ~hy it takes so long to build a road do~ n here7 ! am from Connecticut and lhat stretch there would have been done m Ix~o months. When )ou xt'erc doi~g Vanderbilt Beach Road the streets ~t'erc empty there and nobody sfas working on the street. 2893 .il PELICAN BAY ADVISORY COMMITTEE April 1. 199'/ Mr. Rippe replied lhat Vanderbilt Beach Road was the County's. When you sec us out here under conslruction, people believe that il the only time it takes. We do Ihe engineering and environmental stud)' which is a lss'o )'car process in itself, that is any~'herc in thc United State if you want Io be eligible for Federal dollars. Then you have Ihe design phase. ~'hich is anolher 18-24 months, just to get thc design plans. Right-of-~s'ay acquisition is another 18-24 monlh~ if needed. You say construction. I am telling you ~,se have been at it six to eight years before you see us out there. We are looking at ways to gel it done faster. If I had a dollar for eyeD. time I have heard Ihat we have done it faster up north. I x~ouldn be here. I xsould probably be living m Pelican Bay. When you see a construction project out here. the Count)' or pri~ale ulililics are relooaling their utililies. We have GTE Sprint, various phone compim~cs. gas companies in some areas and also utilities to deal with. You can go out here and dig down abot;I three feet and have it fill ~viih ~'atcr. because the ground ~,~ater table is very close to Ibc surface and in some areas x~hcrc it is abo~e lhe surface we have ,~'hat is kno~vn as a s,,~amp. We have to contend dc~atcring and actually ~cll point and dry up an area to lay utililies.. [ am not tD'ing to make excuses. but it is yeD' different doing work down here than any~'here else in lhe United States. It is a totally different ballgame. Up north ~ou arc either culling or filling. We are rD'inS to go faster In the northern states thc conslruction dates are normally from the spring lo the fall, they do not have Ibc luxtl~' of aorking )'ear round like v,e do here. The)' lay people off during the winter, so lhcy tn' to get a ~holc )'cars' pa)' in eight months ~orlh of ~ork. Mr. Jim Caner. Oakmont asked that with the idea of taxing for bcaulification, how is and hox~ long docs it last7 Does it last for the duration of the project and then goes away'? Dr. Varlev stated that ~e would come back to that when Mr. O'Connor gives his present:mon The question of landscaping has been around for man)' years. The Property O~'ners has been the group that has kind of kept it alive. The MSTBU does nol really have jurisdiclion oul there. Our lines are dragon on this side of US 41. We have always had the feeling that Ibis was not somelhing that we could get involved in. It does seem though that it is coming to a fruition and it seemed lo us a couple of meetings ago that perhaps we should tO, to get Ihe MSTBU invoh,'ed and Mr. Ward found out that 2894 PELICAN BAY ADVISORY COMMITTEE April !. 1997 ssould not be tcmbly difficult to get the Count)' to include tim! parl of US 41 in the MSTBU boundaries. If that ssould bbe the case ac ~ould then dMde up the cost of the project and assess it on an Equixalcnt Residential Unit basis. Ever)body in Pelican Bay, the commercial interests, thc property ou'ners. developers and ever)body ss'ould have their fair share of it. I ssould envision it being a single one mae payment. We had talked about this and have not really taken a position one ~'ay or the olher about sshether ~,¥e v, anlcd to get involved or not. Mr. Ray O'Connor. President of the Pelican Bay Property Ch,~ners Association explained that thc Property O,,~ners have been ss'resfling ,aith this problem for a number of)ears This is a vc~' complex problc~n in how to deal ~lth lt, We had Mr. Fernandez. thc Count)' Manager at a mcctmg rcccml.v and :~c asked him about beautification on Route 951 sshcre thc County ss'as pulling money into that ss'ork }tis explanation ~as that Route 951 is a County road and Ibis is a Sl;lte road. so tile County does not ~v:m[ to put money rolo a State road for beautification purposes. Mr. O'Connor conlinucd that Ibc question arose about thc Foundation bcmg thc proper venue to raise ~noney for the medians, lhc Foundation has a limited jurisdiction Tile> have only Ibc beach access, tile rcstauranls, thc teams courts and do not extend out beyond Iht boundaries of Pelican Ba~ Thc median docs not fall ~ithin thcirjunsdictmn as ~cll. }laving heard Ibis. the Property O~'ners took up Ihe task of Ir,ting ~o get something done about Ihc beautification There ~as stone effort to get Pine Ridge to participate and I understand they offcrcd to do a bake sale. A bake sale is not going to raise Wc got involicd in it during Mr Ho.',t's tenure as President and some efforts x~cre made Io sec ~hat ~., pc of funding ss'as available. We did know that WCi Communities had pledged S75.000 in matching funds Now that is matching funds. Mr. Ferrao from Gulf Ba)' gave us a commitment of S75,000. bu[ there sccmcd to bc some condilions attached to that monO. mainly hc proposed Io rmsc some of thc braidings from 2O0 to 25O'. In return for that his cxplanation ssas that he ss'as going to make some more money out oflhose buildings and he ~'antcd to share It ss~th the communit). We ~cnt to him and told him ~c didn'[ like the idea of accepting money with an)' strings attached and if he wanted to make the contribution would certainh' appreciale it. }lc put $75.000 Ihrough his la~s' firm into cscrosv ~sith a note from thc 2995 PELICAN BAY' ADVISORY COMMI'I'I'EE April I. 1997 t66 attorney stating that the conditions had to bc discussed and I have been Itl'lng my utmosl lo get him give mc a commitment one ~l)' or thc other and l have not been successful lo this date. Having jusi called his oI'ficc again on Monday and Tuesday of this ~'eek asking him to give mc some type of answer. Mr. O'Connor continued that $?$,000 from WCl is apparently an agreement which are matching funds and I have talked wilh Mr. Fred Hardt who svorked out thai agreement. We had a meeting with Ms. Watts of WCI and it ~,'as suggested that we do a little more in thc svay of landscaping than we had planncd, but it svould cnhancc thc beautification. Al that lime wc only planned on going with planls up to Gulf Park and no further because xsc could not get a date on thc svidcning Those dates have only been available within the last three to four ~seeks. What you he~rd here today sve only heard about lhrce weeks ago. ¥/e had lifts meeting it was suggested by Ms. Watts that we should extend it lo Vanderbilt Beach Road. have thc permits in place so that sshcn thc widening was done ss'c ssouldn't have to go through that process again. WCI committed $I 1.250 and so did thc Properly Owners. that was thc matching funds. So far tile Property Osvners have paid about $13,000 and thcrc is about $9,000 duc. WCI has not come foBvard ~ith Ihcir half and [ am hoping thc)' will ,,'er)' shortly because in)' Board only approved $11 I have gone over the limit because s~c did not v, ant the people doing the ~sork being hcld responsible because of thc fact we were not able to do sshat was promised. We have fallen into the trap of being tile funding agent for that half. Hopefully Ms. Walls will show up one of these days with a nice check. Mr. O'Connor explained the reason that we are the entity that Mr. Botncr wants to deal ~ith is that he docs not want to deal with everyone in thc world. }-lis contract right now ~s x~ilh the Pelican Propcrty O~ners and tile funding source is to come through us. As you can imagine ~'hcn we decided to get inx'olved in this, somewhere in the past, thc number that was suggested ssas around $150,000 Io do this project. O~'cr time thc costs increased. We thought there were sleeves in that portion and have since found out that there were not and that is an additional cost we have to meet. We are trying to avoid this in the new phase by having the sleeves placed during construction. We decided that we would go to tile community and ask to raise this money voluntarily. What has occurred is that s~e are tr)'ing to identify thc commercial interests in Pelican Bay and have them each contribute what we feel would be some sort of 2896 PELICAN BAY ADVISORY COMMITTEE April I. 1997 equal a~nount in relationship to the amount of business they do, the size of their business, etc. Wc ;irc findin~ that vet3.' difficult. Our plan was to go to those businesses with our plan and ask them for a specific amount. To identify every shop owner in the Waterside Shops and The Markelplace, then go across US 41 and get some of those businesses that would benefit from this has proven to bca monumenull task. Tile second Ihing is, if it is voluntary, some will conlribute, some will say no. I have asked tile fire department Io do a fund raiser on behalfof Pelican Bay. We ssould do some kind of a cook off, or something to raise the conscience level of thc people to s~hat ,,se arc trying to do. I also have gone to the Philhnrtnonic and talked Io Ms. Daniels and asked her if il '.sas possible to do some son of benefit concert. Ms. Daniels assured me that it costs so much mon~' to put on an event like that. that )'ou svould not raise a significant amount of money by thc time you pa)' staff, sccurilv and parking and that lnOllCV has to bc paid up front. To Ix: quite honest, that $35.00 per )car in dues to tile Pelican Bat' Property O~'ners docs not provide that kind of front money. The suggestion that ,,~e are hearing frown Ihe meetings lhat ~'c have been going Io is tl~at ~vc should all put in $50.00 each Io have this job done. It is a nice idea. but wc do not sec hots' wc can get cver)'body to do their share, including tile commercial inlcrests. Mr, O'Connor continued that Iherc is a seconder)' problem also involved. At oul Annual Meeting ~'c heard some complainls that along US 41 Ihe noise factor holds properly values down for tile people ~s'ho bought along there. Their properD' very often sells for an)at here from 10%-20% losver than a comparable house that is in a bit from US 41. ThO' arc asking for some relief in Iht form of some plantings, barriers, crc. I have met ~,ilh Mr. Ward and Ihese barricrs arc vcrv expensive, but ,,vc Ihought ma.sbc some kind of lush vegetation would deaden Ihe noise. I kind of fccl Ihat if ss'c arc going Io do a project. ',~c should do thc ~.,,'holc Ihing II is more COSl cffcctivc and it v,'ould satisfy some of requirements ora noise barrier and also make Ihat arca look a little belier. There is an old fence out there Ihat ',vas put Ihcrc by Wcstinghouse Ihat had rotted noss'. It would cost a lot and maybe disturb a lot of v, hat is in Iherc already to tear to down. so ma.,,bc v,c could disguise it ~ith planls and ~nake some effective usc of ,,~,hat is lhcrc already. I guess thc bottom linc is that ssc arc considcring if it is in thc best interest of the MSTBU and the Pelican Bay Property Ov, ners to go to thc community with a slraw ,,'otc to 2897 PELICAN BAY ADVISORY COMMITTEE April I. 199'7 sec if ~¥c should fund this project. Wc don't want thc MSTBU to fund this if there arc a lot of objections out there. Sitting hcrc listening to the presentations. I slarted to think about thc mangroves. Mangrovcs are an issue too. and the MSTBU came in and did something about that v,'ithoul going out to thc community. My fccling is that Pelican Bay is one community, whether you live on US 41 or a high risc on Pelican 13ay Boulevard, if you arc going to have the people up here saying ~c don't care about thc mangroves. ~'c don't sec them, the)' arc not being realistic. Our purpose as a Property Association is to prcsen,'c and protect .,,'our property values. If those mangroves go down the tubcs and arc lost..,,'our property values are going to be lost also. Those restaurants are going to tx: affected by the destruction, cie. We fccl the same way about that median, l have heard some comments from peoplc ~ ho sa)' the.,,' don't sec thc median, tho' don't care. but the median is thc first thing you see '.~.hen you come into Pclican Bay. If that median doesn't look ,,'cry nice, your community suffcrs frown that. As soon as you get past Sc. agate you are in thc City of Naples and you see all of that beautiful vegetation down thc rest of US 41. Then you come into Pelican Bay and what do you have'?. You sec beer cans. litlcr, crc. It is an issue that ~'cobody should be conccrned about. If the MSTBU feels thcy can tackle this job along ~'ith thc Propcrw O~vncrs. we would bc very happy to have your assistance Wc are wrestling with ~his problem and ~vc arc not going to drop it if you decide that you don't ~'ant to participalc and ~vc continuc to do ~h:]t wc can. You can understand ~c arc ','cO' limitcd in raising that largc a~nounl o~' moncy. Wc ~'ould bc happy to participale in a straw vote. If you think you want ~o tackle this and extend .,,'our jurisdiclion out lo include those medians, thcn thc County ~ould not be ablc to back a~'ay from their rcsponsibilily. By law thc).' would have to maintain it ir~,,e do it. In thc meantime ,,vc arc.just looking :,t virtual wasteland. Whatever you decide to do. we will supporl .,,'our decision. Dr. Varlcv stated that ,,~ith rcgard to thc straw '.'otc. I personally fccl that if ~'c arc to get ~nvolvcd we would want thc assurance that lhc community really '.~:anted it. We did that with thc mangrovcs and had meeting after mccting and listcncd to various pcople and sides before ~c made thc judgmcnt. If there was a substantial fccling in thc community that wc should not do it. then I would think that this Cotnmittcc would decide that v,'c should not get involved. I also have a little bit ora concern of becoming 2898 PELICAN BAY ADVISORY COMMITTEE April I. 1997 a fund raising arm of thc Properly Owners. I don't know that would be permissiblc as far as we arc conccrncd Mr. Tom Brown stated that it should also be stated up front [hat thc m~ngrovcs have been fundcd with a regressive tax. real c$~te t~x, and would tho funding here be a rcgrcssive tax or would it be an ad valorcm or uniform ~,~ r~te? Up front il should be stated whal kind of a ~x mcthod would be uscd to raiso thc mon~-, frankly, i do not think we should be re,chin§ out [o do somcthing that is not part of ,~ hat ~vc arc supposed to do. Dr. Varig' stated that il clearly is not at thc moment, but Mr. Ward has dctcrmincd that it would not be terribly difficult IO extend thc boundary, to the other side of the road so that it ~ould be within our jurisdiction. That is the first thing we would have to do. Mr. Tom Bro~vn replied that he thought we would be sending the ~rong message to the Coum.~ Commissioners. I think tile Pelican Bay Sen'ices Division probably should tend to what it is doing for the next tw'o or three )'ears. After the road is d~'cloped, then if the Property O~vners can't do it. ma)be t~vo or three )'ears from now the Pelican Bay Sen-ices Division could look at il. Mr. Griffith asked ir thc extension of thc boundaries was on a County level or is it on a State level7 Mr. Ward replied that it is simply an amendment to the legal description of the ordinance creating thc MSTBU. Mrs. McCarthy asked if we ~erc to be granted thc abilily to take on US 41 docs that increase our potential liability in an)' other way? Mr. Ward rcplicd that it docs not. Mrs. McCarthy asked if it is possible that thc MSTBU is granted the additional property, that ~he PBSD ~'ould then have 1o take over lite maintenance and thc cost just :~s PBSD now takes over maintenance and cost of County properly and ,,vc pay il? Would we cad up funding it for ourselves and then have to take over thc payment of thc maintenance? 2899 PELICAN BAY ADVISORY COMMITTEE April 1. 1997 Mr. Ward replied that he does not actually see it working that way. The County has had thc policy for as long as I have been in Collier County for close to t~,~,enty .','ors now. that thO, have a base level of service that the.,,, provide county wide for operalions and maintenance and even capital infrastructure construction, Thc base level of scrvicc that they have established on thc arterial road righ~s- of-way, i.e. Davis Boulevard. thc).' have taken over that base level of service of maintenance rcsponsibilit.~ after the completion of the Naplescapc Program. It would be a complete departure from thc philosophy for Ihcm to have the Pelican Bay See, ices Division to assume lhc opcralions and maintenance responsibility and thc costs thereof Mrs. McCarthy asked if it would be possible for us to get a commitmenl from fl~e County that ~ould not happen'~ Mr. Ward rcplicd that hc felt that v, ould be possible. Mr Pircs asked if the County took care of thc maintenance costs for Ibc Golden Gate mcdms~s east of Santa Barbara? Mr. Ward replied that he thought that was the dependent district that would do that. Mr. Pitts stated that is sort of a follow up to Nfs. McCarthy. Wc are a dependent district and ~f we aren't doing thc maintenance aould they look to us to pay it as they do the Golden Gate Park~vav MSTIqU? Nit. Ward replied that is a different philosophica! decision ~hat we are having The Naplescapc Program. the US al median is not Golden Ga~e Parkway. it is more of Ihe Pine Ridge Road or Airport Road corridor. The Counly's current polio' on those corridors is that through their Transportation Dcpanment or ~hatever department, they arc picking up that maintenance The issue of ,,vhcthcr or noi the.,,' come into a community such as Pelican Bay and do that level of maintenance, that is a differcu~ standard. We have gone to them and said ,ac want to provide a different level of sec'ice and maintenance and ~'e are ~illing to pa.',' for tha~ additional level of service and maintenance. That is different from kno~ving v, hat the County's base level of service is for thc road maintenance, including US al, Pine Ridge. etc. My opinion is tha! you ~vould not have that problem and you would be able Io ge~ 1he 290O ,, t t ii il! IIII IIIIII I II II II IIIII IIIIII III II I PELICAN BAY ADVISORY COMMITTEE April I. 1997 III commitment oul of the Commissioners that thc)' would operalc and mainlain that US 41 corridor upon completion. Dr. Varl%' asked if it es'er did come to pass ~'ould v~'c have Ibc option of saying that wc arc not going to raise thc funds to maintain it. es'ca if it dies? Mr. Young stated that thc State is entering into a contract ~'ith thc Count>' and thc Count)' must maintain it under thai State contract Mr. Ward stated that the ,,'er:,.- technical issue is that you arc thc Count)'. Whether you did or did no{ exist, thc Count)' Commissioner ahvays has lhe right and author'il!' to create a dcpcndent district over v, hatcvcr area it wants to. irrcspcctivc of ,,,,hcther or not you agree or dis.agree with it. This is not :~ ballot vote. or stra,.~ vote. that is a mailer of law that any Board of Count.,,' Commissioners or any City Commission can enact an ordinancc creating a dependent districi in this State That governmental bo;~rd has thc right to impose taxes or assessments on those dependent district boundaries. They ahvays have thc ultimate right to do that and with you here, it makes it a little easier to do that I am nol surc what Ihcv ~,,,'ould do ifyou gqid no. go a~vay we don't want you to do that. Mrs. McCarthy stated that if w can get thc jurisdiction issues resoh'ed. I don't necessarily agree that It ~'ould be fund raising for Pelican Ba)' Sca'ices. I! brings mc back to ~'hat the MSTBU is about and I l'hink il is deciding ~ha~ will be taxed and how that money ~ill bc spent. We advise thc Count)' on those issues. I do think lhat thc overall improvement of Pelican Bay is our responsibility. I think ,,~e have to be careful and not be oul there raising funds for lhings that arc limitcd to thc benefit of a small group ()t people. Mr. Ward stated that thc Pelican Bay Sen'ices Division is Ibc mechanism Ihat Ires been given to you by thc Board of Count)' Commissioners to provide whatever services that you havc thc authori/~qllon under .,,'our ordinance to provide and to also provide a mechanism to fund those les'els of sen'ices. It is thc vehicle, thc mechanism, thc opportunity and what you have to do it ~'ith if you so choose to utilize it. 2901 PELICAN BAY ADVISORY COMMITTEE April I. 199'7 168 ' Mr. Roellig slated that thc State is not going to leave thai bare ground and will spend some money for beautification, is there an option of getting some money from them? if nobody parlicipated. SLate ~'ould still spend some money to cover up the bare ground in Ihe medians. Mr. BOther replied th~' ~'ould spend $.!0 a square foot for a combination of Bahia sod around the perimeter and hydra-seeding II ends up being less than a couple of percent of the overall cost of construction Mr. Rocllig replied thai is still a lot ef money. Mr. Bother replied that there is an opportunity coming up for us to tap into that resource for thc n¢~' road construction, bul ',~e can't go back retroaclively and take Ihat money because it is already gone N'lr. Russ Mudge, L. as Bnsas resident stated lhat the more he has heard about lhis. if we can be assured by tile Counly th'Il Ihcy ~'ili maintain it. then I Ihink the MS'I'BU IO the CXlCnl that Mr Ward .~lid ae can. go ahead and take that responsibilily the same a~ ~'e did for the extra sheriff patrols and such assess ourselves. I ~ould be for it. I am kind of v, orned about the Properly Owners Association ~h~ch represents about 50~"~-60% of thc residents. I think having the MIT~3U handle It..~ou arc going to ha~'c much Ix:tier response. If ~e do tile right kind of sellingjob on il. thai is Ibc ~a)' lo do. It would probably bc spread over I~o )'ears and $40.O0-$5000 per ERU ~'ould fund the whole tiling. Mr. BOther stated Ihat the tiling that a'e do are the deal,~ that you are lalking about right FOOT stated Ihe permit is issued to Collier County. not Pelican Bay or any olher enlity It has Io go Ihrough the Counly. What Naplescape alii do is secure thai agreement that you need with the Count) to ensure that Ihe County into perpetuity will mainlain that road right.-of-s~ay and ~e have done that limes. We have never lost one of those. Especiall)' ,f Ihe combination of resources Io come up ~'ilh capital costs are not from Count)' funds. That is ahnost a "slam dunk" in this community, I mean the.~' .just al~'ays do it. You don't have to aorry about it, it will be a contract bel~,,'een you and the County. Dr. Varlev asked if Naplescape will be involved in Ihis7 Mr. 13Other replied that they will do it. 2902 PELICAN BAY ADVISORY COMMITTEE April I. 1997 Mr. Russ Mudgc, Las Brisas rcsidcnt asked ss'hal was done svilh Vineyards7 M. Bomcr rcplicd that was done diffcrcnl]y and is nol ~ing done any longer. Il w~ thc r~'crsc of sshat ~c us~]l)' do. The Vinc)ar~ agrecd lo ~in~in for ten yors in rc;um for the County paying up front the costs otc~pital. Mono' s'i~. wc ci;izens omc out far ah~d of Ihc ~me. bul ~liliolly it didn i~k ;~ c~l for govcrnmcnt paying to land~a~ thc entrance to a pdvalc dcvclopmcnl. Mr. Jules Gcrlach. Bouvillc rcsidcnt asked ~'ho pays to ~intatn thc median soulh of Scabatc" ~c reply xsas Ihat was pan or the Cily of Naplcs. Mr. Wcrncr s~lcd Ihal hc would agr~ ssith Mr. Mudgc that ~c arc a prctly logical funding ~urcc ifxsc dccidc lo do il. Ill rc~ncm~r co~ccl]y, the County ~'as rcs~ns~blc for Ibc maintcnancc of Ihc Clam Bay s)slc~n also If)ou gcl invo]vcd in this. you ~ltcr considcr that somc~hcrc along lhc you mn)' have lo SlCp in and really again ~x yours]rio pr~'ide Ibc t)~ of main;cnancc you wnnl for a r~3. Mr. Mudgc staled lha~ sas Tourisl T~x for Clam Pass. Mr. Wcmcr s~lcd lhal Collicr Counly svas rcs~nsibic for ~hc maimcn~ncc of Ibc Clam ~'s~cm, sshich ss'c havc gonc and ~a.xcd our~lvcs Io IO' and co~t Ibc proj~. Dr. VarlO, s~alcd IhO' may nol ~ke lhc rcs~nsibi]ily here cilhcr. Mrs, Ka~c Poller. Gro~'cnor rcsidcnl s~kc s~ling I~l ~shcn you s~ak of ~hc ~nangrovc you arc righ[, a~ a Public Commission Mcc[lng one Commissioner ~id %sell ~sc do oxvn iL bul wc 3rc rcs~nsib]c for il and ir Ibc ~angrovcs dic. ~rnclhing c]~ will grow Ihcrc." Thai is on Ibc record Mrs Poller staled Ihal she lhoughl s¥c ~scrc supped lo have a Man~gcmcn~ PI:in [~ay? Mrs. Poller s[alcd lhal il was promised for l~ay. Dr. %'ar]~' sl3lcd [ha[ Mr. Ward xs'ould rc~ on Ibc sla[us of [hal l~3v and ~c do no[ havc ~hc rc~. Mr. Young asked ir ~hc Tourist Tax funds have cvcr ~n ~pproachcd for this7 Mr. Bomcr rcplicd thal thc Stnlutc will not ~il lhc u~ of Ihosc funds for land~a~ needs Wc tried lhat a few )cars ago. Thc Sla;utc stoics vco' clearly ss'hat it will fund. 2903 PELICAN BAY ADVISORY COMMITTEE April 1. 1997 btr. Young asked if it aas a County Statute or State Stalutc? Mr. Bother replied a Stale Stalutc. Mr. Young stated that thc funds are there and are being misused. Dr. Varlcy stated that a'e are gctting close IO having Io make a decision as Io ~hcthcr or not ~'c want to get imoivcd ,M.~ self I ~ould not be opposed to letting il settle for a month and letting people talk with others and sec how thc>' feel about il. Mr. Wcrncr statcd hc a'ould dcfinitcly feel more comfortable kicking ~t around for a month or so and letting thc communily know that if thO' have some opinions thc5.' should allcnd oul meetings and us hear thcm. Mr. Gnffilh asked Ihc time line for getting this done? Mr. Ward replied that the change in the boundary is probably a sixty da)' process and ~s amendment Io an ordinance. Beyond that I do not kno~,' how the agreements ssork. Nit. Bomcr replied that the.',' have to go through thc public review process, but mostly done individual Commissioners beforehand. The County Attorney puts it together and the it comes before Ibc Board mo times and that is il. It takes about sixty chys max. M'r. Wcrncr asked hms' long it a'ould lake the State and County to enter into an agreement for thc soulhcrn portion'~ Mr. Bother replied about one month. Dr. Varlcv slaled thai ~'c should not drag our heels and docs not think tins ~s a red hol emergency. Mr. Ea.,,' O'Connor suggested that thc Pelican Bay Properly Oancrs Association is going to send out an Nc~vslctlcr within thc next fc~ weeks and had planned lo send it lo thc entire communilv Wc could do some kind of thc tear off return on the question if it ~'ould make thc Committee feel thO' u, ould get some kind ora pulse of the community, Mrs. Johnson. St. Laurant stated that if Mr. Wcrncr's suggestion is taken, a lot of publicity would bc in order, both lhrough the Pelican Bay Property Owners and thc Foundation's Communique. You are 2904 PELICAN BAY ADVISORY COMMITTEE April I. 1997 going to have to send out mail an.,,~'.ay and you are certainly going lo lose a lot of people rather rapidly People need to kno,a' more about this thing. Thc':,.' have no idea ss. hat you guys are doing. They think tile median is something the County is going to take care of. Mr. Carroll asked ifa motion was needed to support Mr. O'Connor's suggestion? Dr. Varlcy stated that he s¥ould rather focus on whether sse ,,¥ant to make a decision today. I do not feel the ncs'.'slctter is appropriale .,,'ct. Mrs. McCarthy stated that if we agree lo do lhis. we have to go out lo our population and assure them thai ~¥e are going after Stale percentages. Additiortally. in our communication sst should let Ihcm kno,a ~l~at Gulf Bay has donc noflfing and that you have not gollen .,,'our ~nonO from WCI. Mr Wcmcr staled that bcaling up on WCl does riel accomplish an)thing Thcy arc a big corporation and Ihese tilings take time. Sir. ttarrell stated that ~l appears sse had much more public discussion about bike pmhs fl~an ~c are about this. l am not for voting to commit or not at Ihis point. I .`s'ould like to see a public heanng like .`'.e did for bike palhs. Dr. Varlcy slalcd thai if~se look thai step he would envision that il ~sould certainly bc understood by eye,body Ihat .`sc arc going lo find out ss'hat the community feels aboul il and I ss'ould suspect public hearings Thai has been tile usual ssa,,', i sYas disappoinlcd ssith the Bike Path Public ttearing and xsc may have goucn a very distorlcd feeling aboul ho;s Irc communily felt aboul il. I ,,,.as the one Mio suggested ma.~be tr:,. ing a straw poll this time. That would certainly be a ','ers.' important pan of it, that wc don'~ move ahead and do il unlil we are sure lhe community has a substanlial amount of support for il. ,'..tr ttoyt Staled lhcrc has to be informalional meetings before any straw vote. olhcnvise il is a meaningless vole. Mr. Young staled that he sees nolhing .`'.tong .`'.ilh encouraging thc Property ess nors to poll their members and shiny their inlcrest I .`sould lox'e Io hear s'.hal comes back. 29O5 PELICAN BAY ADVISORY COMMITTEE April I. 1997 Sir. O'Connor stated that he has also been going to the Condo Presidents Association telling them the process that ~,~'e have been going through. The mailing of this ne,,~slctter will go to the cnt~rc community. Dr. Varig- suggested that Ihis item be placed on the next agenda and in Ihc meantime lalk to as many people as you can. Sir. Russ Sludge. Las Brisas resident stated that something should be gotten out now and figures included. Sir. Rocllig stated that we should encourage the Properly Ch,~'ncrs to poll their people to see ahcthcr or not it x~ould be a good idea to refer it to this Committee. If you going to .send it out in April. ~,~'c arc not going to mcct again unlil early May. so x~'c can't wait to May to ask them to do something. Mr. O'Connor st~tcd that thc meeling with his Board on Monday is Io plan this nc~slcttcr and have it m thc mail as quickly as possible aflcr Ihat. Mr. To~n Brov, n slated that this Ad~,'isoP,.' Committee was appointed by thc Board of County Cotnmissioncrs and I am not so sure the Pelican Bay Properly Owners Association should cvcn refer in thc letter that you ~'ant to get us involved. Sir. Rocllig responded that ~,hat he said was Ih,al whether or not the Pelican Bay Property Owners Association want to refer this problem to thc Board. not have the Board refer il Io anybody else think )'ou arc going Io find out that realistically you arc nol going to come up ~'ith thc money. CLAM PASS AN'D CLAM BAY RESTORATION AND I~IANAGEMEN'T PLAN Mr. Ward reported that thc good news is that the emergency pcrmi! has been issued. They have started ~ork out there as of last night and are cxpcclcd to complete Ihc work within t~'o ~ccks. I believe thc.,,' arc going Io dredge Iht pass to thc tune of about 600,000-700.000 cubic .~'ards of dirt coming out of thc pass as thc.,,' did last )'ear. It ~'as interesting to note that thc only reason the State moved quickly to issue thc permit ~'as because of your efforts on thc long term permit. That being in place and at the Smtc Ic~'cl on thc current time. knowing that it is going lo be issued shortly. I think was Ihe only reason State decided to issue this permit. Otherwise I don't think you would have it today or be able to get it. 2906 PELICAN BAY ADVISORY COMMITTEE Apni I. 1997 Mr. Ward continued that he and Mr. Ted Brown talk almost cve~' da)' now about the stalus of the permit. It is being x~Titten by thc State agencies and th~' are going through their internal r~'icw and ~'riting thc special conditions to the permit itself. We keep asking if it is read)' and we have to just let them get through this process at lhis point and hopefully Ihq' will have thc ability to send that permit to us shortly. It is ~orking and ,,t'e kno~' it will be issued at this point, it is just a ~natler of getting an agency to ~'rite it and send it to us. We have called them almost ever,, other da.,,., so the.,,' know it is high on the burner. Mr. Young stated that it appears a'c have reached thc $207,000 ,a'ith Mr. Tcd Bro~vn..','ct I sec another Sl2JX.,I ~onh of bills submitted. Did I understand Ihal he had agreed to slav v,'ithm lib:il $207.000 and if so MLv are ~t'e looking at these additional bills? Mr. Ward replied that the)' are on .,,'our sheet for purposes of you understanding and knowing ~hat the b/lis hax'e come in to us as to his expenditure levels through essentially Ihe end of Fcbruan... }lc has not been paid them and understands that he is not going to be paid for them since he has hit his budge~ limit at this point mtitne. What he ~till do with those after the issuance of the permit is anyone's guess at Ibis poinl. At thc moment he has not asked to be paid for them. I asked him to submit them to us. so Ihat ~e ~ould know ho~t much lime he has on this project on a monthly basis Dr. Varlcy stated that is a question ~'c are going to hax'e lo address ~hen he gcts the permit for US. Mr. Young stated Iha! thc ssa),' it has been presented lo us is that Ihis is simply a process sheet advising us ,,shat is going to happen and the checks are going to be written and paid. but in this particular case you are holding back actual issuance of checks. Mr. Ward stated we ,a'ill put on here if it has been issued, but if you look above it is at the bt,clgcl level and won't be paid and we ~¥ill update that Io sa)' that for you. Mr. Werner stated that he looks fonsard to some veo' interesling discussion on that item. PELICAN BAY SECURITY 2907 PELICAN BAY ADVISORY COMMITTEE April I. 1997 Mr. Ward rcporlcd that lie is in iht proccss of having a scrics of ~ncclings with Iht ShcriWs Department over thc ncxl couple of svccks and would like lo defer an.,,' discussion until tho.sc discussions have bcen completed. Dr. Varify asked if it sill bc on the ne.'a meeting agenda? Mr. Ward replied that he is shooting for thai al the May raffling or a Special Meeting x~c may hold in Ibc huddle of May to do )'otlr full Budget. I ~siil kc~l:))ou abrcas! as Ihosc discussions progress. Mrs. Johnson. St. Lauranl asked sshy we have a special rclalionship with thc Sheriff on guarding otPclican Bay. What is J[ 'a,'e arc guarding Ihal is so much more than our taxes are paying £or7 If,~e xscrcn't pa)lng this mono.. svhal would sse get? Dr. Var]O' cxplaincd that Ihree .','cars ago thc Commitlce's sense ss'as that the community xs;mlcd cxtra shcrifl's patrol in thc community and it la'as decided at Ihat lime that ~s¢ would specially fund one sheriff's dcpuly on duly tull time Pan of Ihc agrccmcnt ~,s-as ihat if Ihcrc ssas an cmcrgcno..' Ihat person svould bc I.a.kcn out o£Pclican Bay lo respond. The intent was to ]mvc a full lime dcpuly here tsvcnty-£ours hours a day We &It ssc svcrc responding to Ibc community's wish. Mr. Ward slated that for many years prior ~o lhal time, the responsibility for that patrol rested vs'ilh thc Foundauon. For many .','cars Ihcy contraclcd wilh a privatc securily company ~o do a roving palrol ihroughout thc full communily and thai cxpandcd as Ibc communily grcsv. In 1990-1991 ',~'hcn tile Pelican Bay hnprovemcnt Dislrict ss'as assumcd inlo thc Courtly and sse bccame the Pclican Bay Scrx'iccs Division. Iht Foundalion asked us lo lake over this responsibility so you can ulilizc thc Collier Cotmlv Sheriff's Office for those patrols, ss'e don't want to have anything Io do s~ith it anymore and sve don't ~hc private sccurit.~. We tried to do that and because of sonic larger County political issues that did happen at that particular momcm. Then in 1994 the political climal¢ seemed Io have changed a liulc ~hich alloxsed community policing program Io manifest Ihcmselves in agrccments with dependent districts likc you havc here in Pclican Bay to provide that additional security officcr. It was nothing more than a supplement to what you already had. You get thc dcfincd base level of scrvicc thal thc sheriff provides counly ~sidc. What you svcrc looking for was the additional full time deputy twcnly-four hours a 29O8 PELICAN BAY ADVISORY COMMITTEE April 1. 1997 day. Right no~ thc issue seems to be '.~'hcther we actually have him here twenty-four hours a da)'. Our commitment was that for three years we would continue ~dth that program. This is the end of the third )'ear and that you '.~ould Ihen review and look at ttmt program and make some determination as to v, hcthcr you warned to continue it in it's existing form or .some other form or not at all. That is the issue Committee is going through now. Dr. Varlcy stated that there acre t'.~o issues at tile time. burglaries that people were going through and speeding Mrs. Johnson said $I00.000 came off of Jamcsto,an Lane yesterday and L'Ambiancc lost a lhousand dollars a few months ago. I am ~ying ~,~e are not getting what x~c are paying for. If we are going to have an officer and car twenty-four hours day, then by God tile.,,' stay here. When we had thc privalc sccurily they drove into the ncighborhood~ all of the time. The.,,. might not have been able to arrest or be able to stop burglaries, but neither has thc SherilTs Department. I think this is crazy. If ~vc have a traffic problem on Pelican Bay Boulevard. they should be there. That is v, hat ~'c pay our taxes for. 1 irate that ,,~e arc paying for somclhing we arc not getting. Dr Varley staled that if thc sittmfion cannot be improved from what it is now, would you favor not having them at all or favor going back to Pinkerton? ,".Irs. Johnson replied go,rig back Io Pinkcrton. If,,vc arc looking for someone ~o be here all Ire time. then Icl's go back to private secur/ty. I do not seem them riding around in our privmc neighborhoods. Yhcy arc up and do'.vn on tile County ov,'ned roads, ',,,'here the.',' should be an?,vay. Mr. Ward sta~cd that one of thc problems in the pri,,'ate communiues is that they do not have access. My understanding from them is that in a lot of gated communities you have what is called a "noxbox or lockbox" at the gate that provides emergent, vehicular access to tile police, fire and EMS. The sheriff has indicated that it has bccn problematic in Pelican Bay trying to get some son of a lockbox installed on the gated communities and is one of the reasons Ih~, cannot get in. I told them il' that is a problem v,e can look at that and if you want Io allow them access that ts a decision the condo or 29O9 PELICAN BAY ADVISORY COMMITTEE April I. 1997 homeowners arc going to have to make. Thc:,.' have indicated thc)' arc willing Io go in there if they have thc access. Mr. Young stated that at 4:00 AM this morning he happened to be out walking. I looked over and saw a flashlight in the Club. I called our man immedialely and was told to stay on the line and immediately responded that it v, as our deputy inside. Thc), had a prior call of suspicious character around the Club. This u,'a~ immediate and I felt dam good that we had that deputy available to us lo be inside the Club investigating. I hear these complaints, but I would like to have someone come to be and tell me of a bcttcr ~'stcm. Mrs. McCarthy staled that she agrees thai is the way it should bc m an,,' communilv M,¢flaer you pay cxlra or noL My problcm is 'f sse pa.,,' extra. I think wc should gel cxtra. Maybe wc do get extra, bm based on pcrsona] cxpericncc and thc things that I hear, thc:,.' are questioning s~'hcthcr wc get cxtra. This is my first look at statistics, but I fccl tho' arc questionable. Thc)- are really not specific to Pelican B:,v. I really qucslion that wc gct $339,000 cxtra prolcction. [ think thO' do an cxcc]lcnt job on ;in overall basis for lhe Courtly of Collier. but I suspect ir I livcd outsidc of Pelican Bay I x~'ould liavc :it least thc .~mic response as I gct no,,,,'. As mcntioncd earlier I had a tsscnty-thrce minute rcsponsc lime and M~cn qucstioncd lhat ! was tom thai thcy had bccn ca]lcd out of our area. i think if you pa.,,' for something, you ought to get il. Ma.,,bc wc do gct ,t and tim! was a fluke, but I have heard oran awful lot ornukcs. Mr. Griffhh askcd if s~'c could have thcm atlcnd Ihcse mcctings for ten or fifteen minulcs each month for an overview and if an.~onc has a complaint thO. know that they will be here and can air fl,osc complaints7 Dr. Varlcy statcd sic havc tncd that and can certainly do it again. We slarled doing it monflfly and decided ~c didn't gel much ou! of it and then did it quarterly. Wc did not get a Miole lot snore out of that, so we Ict it slide. Mrs. McCarlhy stated that ~e need facts. Dr. Varlet' staled that Mr. Ward is working with them to find out what they do all day long 2910 PELICAN BAY ADVISORY COMMITTEE April I. 199'/ 166 Mr. Russ Mudgc, Las Brisas stated that he has been working with thc Sheriff on thc matter of patrols here. North Naples District at any one time has six or seven deputies patrolling North Naples. North Naples is 46 square miles. Wc ha'.*c three and one half square miles here of which one mile is Consen'ation Area. Wc pay $329,tX,'0 a year for 5.12 deputies, so that we get full twenty-four hour sen'~cc. Our deputy is lo be here on site all of thc hours. I think wc arc getting our money's worth on it. There arc only seven all fold that cover Ibc forly six square miles of North Naples. At least wc arc getting more now that ss'c have ever had before. I would hate to think ss*hat ss-ould be happening around here ifxvc did not have at least one on for those hours. I think it is a little ridiculous to bc complaining about the money ~hat .sou spent on this. They arc doing a lot of things you don'l know about. They can't do much in the h~gh rises unless thcy can get in. Let's work on Ihcm a little harder and get more people to attend these meetings so th~' know a little more about ss-hat is going on here. I think we are getting better sen'icc than sst had before, and we were paying 1;150,000 for that group. Dr. Varicy stated that sshen sse were considering this. the Sheriff made it vet)' plain that with our crime rate here it xs'as going to tx: difficult Io dent it much. We have a ,,'er).' Iow crime rate. He certainly ssas up front xs'ilh ~t. Mr. ilarrcll stated that he ssould make a difference with traffic and he has. ROADWAY STRIPING Dr. Varley asked when thc roadway striping would be done by the Counw now? Sir. Ward replied that he has to restart those discussions. The prior Transportation Director has left thc County and a new individual is in his place by thc name of Ed Kant. I thought I would Icl him get his feet svct a little before I went to him for this item. Dr. Varicy stated that he thought there was an appeal to have cross walks put in when it was rcstripped. Thc Sandpiper was one and there are others in the area. I think ought to begin to think about sshcre they ought to go and can be done ss'hen tile striping is done. Mr. Ward replied that xs'c can do that. 2911 PELICAN BAY ADVISORY COMMITTEE April !. 1997 Dr. Varlcy stated that he also spoke with Mr. Ward about sex'emi areas that open onto thc mcdian road a'here the median is right in front oflhe driveway and people Ieaving at night think lhat is a two way street and turn left, right into the traffic. There an: more than one. Mr. Ward replied that ax: have ordered the one that you spoke about and we will be going around and adding the balance of the signs on those streets. Mr. Wcmer stated that the other day Ridgewood Drive was rcsurfaced and asked if ,ye were advised ahen that was going to happen? NIL Ward replied no. they.just do it and they do not usually nolice residents. .ADJOURN There betng no furlhcr business, thc meeting adjourned at 5:20 P.M Dr. Alan Varlo,, Chairman 2912 IMEMORANDUM Pelican Bay Services Division TO: FROM: DATE: SUBJECT: Pelican Bay Services Division Advisory Committee James P. Ward April 27, 1998 Clam Bay Restoration Program In order to complete the preparation of the Fiscal Year 1999 budget, which begins on October 1. 1998, there remains some key decision points which the Board must review in order to complete the preparation of this portion of the budget. First, attached is a timeline for your review in the implementation phase of this program. The implementation schedule for Clam Bay has an impact on the way in which programs must be budgeted. Accordingly, I would appreciate the Board's review of the proposed time schedule and to be in a position to fully discuss any changes that the Board feels would be appropriate to this schedule. You will note that design work is not intended to begin until subsequent to your first meeting in June. Based on the schedule provided herein, I have prepared a revised Clam Bay Restoration Program for Fiscal Year 1998 along with a Proposed Budget for Fiscal year 1999. if you have an), questions relative to this matter, please let me know. Collier County Pelican Bay Services Division Operating Budget Fiscal Year 1998 I [ I[ [ mn[[[[ I68 Capital Projects Fund Clam Bay Restoration Program Revenue Summa~' Urtappropriatcd Fund Balance as ofOctobcr I. 1997 Interest Income D~'¢lopcr Contribution Assessment Lc~-v Total Available Funds: Budget Original Revised $336.320 $304.371 $6.500 $22.190 $725.(~90 $211.793 $66 7. 700 $667. 700 $ 1.736. i 20 $ ! .206.054 Appropriation Projection Capital Projects Clam Bay Restoration Program Engineering -Pcrmits. Design and Service~ During Construction Permits. Design. Sen'ices During Construction Freshwatcr/Stormwatcr Analysis Construction Total Clam Bay Restoration: $317.720 $328.358 $ 1.36 i.400 $75.000 $1.679.120 $403.358 Other Fees & Charges: Tax Collector Property Appraiser Revenue Rcserx.c Total Other Fees & Charges: $20.00O $20.000 $13.400 $13.400 $23.600 $23.600 $57.00¢) $57.000 Total Appropriations: $1.736.120 $460.358 Projected Fund Balance - September 30, 1998 S745,696 Thc Developer Contribution is limited to a maximum of SI.000,000.00 for the life of the project. The Balance of the Developer Contribution will be budgeted in the Di,ision's Final Year 1999 Budget. Collier County Pelican Bay Services Division Operating Budget Fiscal Year 1998 168 Capital Projects Fund Clam Bay Restoration Program Statement of Revenue. Expenditures and Changes in Fund Balance For the Fiscal year Ending September 30, 1998 Revenue: Assessment Lcvv Interest Income Developer Contributions Unappropriated Fund Balance Total Revenue Appropriations: Capital Projects Engineering Improvements Total Capital Projects: Other Fees & Charges Tax Collector Property Appraiser Rcvcnue Reserve Total Other Fees and Charges: and Charge.$ Total Appropriations: Received Anticipated Total Variance Budget Expended Mar-Sept. Received Favorable IVY 1998 YTD 1998 Expended (Unfavorable) $667.700 $498.508 $169.192 $667.700 $0 $6.500 $11.190 $11.000 $22.190 ($15.690) $725.600 $64.698 $147.095 $211.793 $513.808 $336.320 $0 $0 $0 $0 '~"$1.736.120 $$74396 $327~87 $901,683 $498,118 S317.720 $109.169 $219.189 $328.358 ($10.638) $1.361.400 $0 $75.000 $75.00o $1.286.40o SI.679.120 5109.169 S294.189 S405~58 SI.275.762 $20.000 $17.348 $2.652 $20.~)0 $0 S13.400 $8.636 $4.764 $13.400 S23.6{~ $0 $23.600 $23.600 $0 S57.000 S25.984 531,016 557,000 S0 S1,736.120 SO S135,153 S325.205 S460358 SI.275.76~2 Net Income Fund Balance October !. 1997 (Aclual) Fund Balance September 30, 1998 (Projected) Distribution of Fund Balance Additions Carryfonvard to Expenditures (FY 99) Total Fund Balance - September 30, 1998 (Projected) $441.325 $304.371 S745,696 $0 $745.696 $0 Collier County Pelican Bay Services Division '' 31 Operating Budget Fiscal Year 1998 Appropriation Anal.s ~is: PermittinR Capital Projects Fund Clam Bay Restoration Program Open Permitting Projects Thc follow, lng proJeCtS are related to the issuance of thc Clam Bay Permit T R. Bro~n Comlmny Lewis Envlronmcnlal Sen'ices Tacknc. x. & Associates Wilson. Miller. Et Al Dr Samuel Sncdeker Dr [tillburn }hllcslad Engineering Final De.dgn Element Seagate Cuh'ens Wilson. Miller. Barton & Peck Tidal Creek Cut's 1.2&3 Wilson. Miller. Barton & Peck Tackn~. & Associates Clam Pass Main Channel Cut #4 Wilson. Miller. Barton & Peck Lcs~is Envsronmcntal Sen ices Interior Tidal Crocks o Phase I Wilson. Miller. Barlon & Peck Lc~-is £nv~ronmcntal Services Project Actual Anticipated Budget Feb. 98 Mar-Sept.9~ S207.700 $207.683 15.O1}0 S79.000 $71.460 0 $86.5¢X1 $54.184 11.174 $90.O110 $47.112 4.865 $27.txx) $7.O1)1 $49.100 $10.549 Freshvvater/Stormss ater Anal) Sub-Totals: $539.900 $397.9119 60.739 $8.7O1} $18.5OI} $8.7O1} $23.4o0 Sub-Totals: $17.450 Slo1.15o Thc Total Estimated Cost for this port~on of thc PrOject is S245.1~gLt~ and thc Balance is shox~n in the Division's FY 1999 Budget. Construction Seagate Cuh cns Engmecnng Scn'~ccs During Construction Wilson. Miller. Barton & Peck Construction of Cuh'crts Sub-Total: S7.3OO $70.(Xff} $77.3O1} Total Due $222.683 $ 71.460 $65.358 $51.977 $7.{~i $40.249 $458.728 Conllngenc~cs Sc, r). 7 x '1 $1t)l.15o $77.3¢)o $5.ol)o Collier County Pelican Bay Services Division Operating Budget Fiscal Year 1998 Capital Projects Fund Clam Bay Restoration Program Appropriation An al.~.~i.~: Other Fees and Charges: Tax Coilecaor: (Fund-Cost Center-930700} Fees are based on Fiscal Year 1998 assessments 1o be collected. The Tax Collector charges three (3) percent of the taxes collected Property Appraiser (Fund-Cost Center-930600) Fees are based on Fiscal Year 1998 assessments levied Revenue RcserYe t Fund-Cost Center-99 I The Board of Count.',' Commissioners polio' and State La~ reqmrcs the Division to appropriate 93% ofeslinmted revenues. ~'h~ch ~ill cox'er diseounl$ and non-payment of assessments. $20.o00 $13.4¢){) $2 ~ .( oo Total Other Fees & Charges: Fiscal Year 1998 Expenditures For the period Oclober I. 1997 through FcbruaD. 28. 1998. the Division expended ccrlain funds related to the permitting of Clam Bax' $57.00¢) $109.169 Total Appropriation.~: S46O.358 Collier County Pelican Bay Services Division Operating Budget Fiscal Year 1999 Capital Projects Fund Clam Bay Restoration Program Revenue Summao' Unappropriated Fund Balance as of October 1.1998 Interest Income Developer Contribution Assessment Lex.')' (Not Applicable for FY 1999} Total Available Funds: S745.700 $6.500 S622.ff)0 S0 $1.374.200 Appropriation Projection Capital Projects Clam Bay Restoration Program Engineering Construction Total Clam Bay Restoration: $326.300 $ I .{)47.896 $1.374.196 Other Fees & Charges: Tax Collector $0 Propcn)' Appraiser $0 Revenue Reserve $0 Total Other Fees & Charge~: $o Total Appropriations: $1.374. i 96 The Developer Contribution is limited to a maximum of S !,000,000.00 for the life of the project. The Amount shown above is the Balance of the Developer obligation for the project. Collier County Pelican Bay Services Division Operating Budget Fiscal Year 1999 Capital Projects Fund Clam Bay Restoration Program Statement of Revenue. Expenditures and Changes in Fund Balance For the Fhcal Year Ending September 30. 1998 Received Anticipated Total Variance Budget Expended April/Sept. Received Favorable FY 1998 YTD 1998 Expended (Unfavorable} Rexenue: A~scssmcnt Lex,.. $(~7.700 $498.508 $169.192 $667.700 Interest Income $6.500 Sl 1.190 $1 !.0OO $22. 190 Do'eloper Contributio $725.600 $(,4.698 $147.095 $211.793 Unappropriated Fund $336.320 $O $O $0 Total Revenue ~'51.736.120 5574396 $J27.287' $901.685 Appropriations: Capital PrOjects Enganccnng $317.720 $109.169 $219.189 $328.358 Improvements $1.361.4¢X) $0 $75.000 $75.000 Total Capital Projects ~ Sl,679,120 S109,169 S294,189 S403.358 $o ($15.69o) $513.808 $336.320 5834.438 (S10.638) $ ! .286.4(~) Sl.275.762 Other Fees & Charge,, Tax Collector $20Jg)O $17.348 $2.652 S20.ooo Property Appmascr $13.400 $8.636 $4.764 $13.400 Rc~'cnuc Rcscr~'c $23.rd)O $0 $23.600 $23.600 Total Other Fees and Charges _ $57,000 $25,984 $31,016 $$7,000 $0 $0 $0 50 Total Appropriation, .ii'.51.736.120 $15~.153 S.~2..gaOS 846,)a88 51.275.762 Net Income Fund Balance Oclobcr I. 1997 (Actuall Fund Balance September 30. 1998 (Projected) Distribution of Fund Balance Additions Carr)Tom'ard to Expenditures (F~' 99) Total Fund Balance - September 30. 1998 (Projected) S441.325 S304.371 $745.696 Sl $745.696 So Collier County Pelican Bay Services Division Operating Budget Fiscal Year 1999 Capital Projects Fund Clam Bay Re.~oration Program Appropriation Analysis: Clam Bay Restoration Program Engineering Freahwater/Storm~-ater Anah'sis Thc Total Estimated Cost for ibis portion of the Project is $245.~} ~ of ahich $50.*~)0.00 is Budgeted in FY 1998 Tidal Creek Cut's 1.2.3 Engtnccring Sen'ices During Conslructmn Tackn~' & Associates Dr, Samuel Sncdckcr Wilson. Miller. Barton & Peck Conslruction Sub-Total. $4.7O0 $2.0O0 $24.0OO $180.000 $210.700 Clam Pass Main Channel Cut #4 Eng~nccring Services Dunng Construction Tacknev & Associales Dr. Samuel Snedeker Wilson. Miller. Barton & Peek Conslrucl~on Sub-Total $2.0(~ S27.000 $450.OOO $489.1 oo Interior Tidal Crccks- Phase 1 Enlgneering Sen'ices During Construction Ix:ms Em'ironmental Wilson. Miller. Barton & Peck Constructton Sub-Total: $54.000 $7.50O $225.0O0 $286.500 Clam Bay Ecosystem Enhancements Removal of dead mangrove trees in northern Clam Bay and planling of starter Mangrove Islands. Momtormg Contingencies $ i 95.000 521 o. 700 $489. I fff) . $286.500 $ 39.0OO S41.10{! Sl 10.796 aty Pelican Bay Services Division Operating Budget Fiscal Year 1999 Appropriation Analysis: Capital Projects Fund Clam Bay Restoration Program Other Fees and Charges: Tax Collector: (Fund-Cost Center-930700) Fees are based on Fiscal Year 1999 assessments to be collected. Thc Tax Collector charges three (3) percent of the taxes collected. Property Appraiser (Fund-Cost Ccntcr-930600) Fees arc based on Fiscal Year 1999 assessments levied Revenue Reserve (Fund-Cost Center-991000) The Board of County Comrmssioners polio' and State Law requi res ° the Division to appropriale 95% ofeslimated revenues, which ~vll] cover dj scounts and non-payment of assessments. $0 $0 SO Total Other Fees & Cha~es: $0 Total Appropriationn: $1.374.196 PELICAN BAY SERVICES DMSION CLAM BAY RESTORATION FUND MARCH 31, 1998 F.Y. 1997 F.Y. 1998 Total Exp. Mar. 1998 Budget Budget Budget To Date Balance Expenses EXPENDITURES Environmental Consult. Akcrman. Senteditt. et. al. $ 153.168 $ 54.532 $ 207,700 $ 207.683 $ 17 Lewis Environmental Set,,'. $ 71.460 $ 7.540 $ 79,000 $ 78.732 $ 268 $ - Tackn~.&Associates $ 54.184 $ 32.316 $ 86,500 $ 75.326 $ I1.174 $ - Wilson. Miller. et. al. $ 47.112 $ 42.888 $ 90,000 $ 65.006 $ 24.994 $ 3.821 Dr. Samuel Sncdcker $ 7.001 $ 20.599 $ 27,600 $ 9.997 $ 17.61)3 Hilbum Hilstad $ 10.550 $ 38.550 $ 49,100 $ 10.550 $ 38.550 $ Others $ 18.524 $ 121.294 $ 139,818 $ 23.874 $ i15.944 $ 1.356 Sub-Total $ 361.999 $ 317,719 $ 679,718 $ 471.168 $ 208.550 $ 5.177 Capital Outlay Improvements General Other MachineD' & Equip. Sub-Total Other Fees & Cha~es Tax Collector Property Appraiser Rcwcnue Rcsen'c Sub-Total TOTAL APPROPRIATIONS 15.459 $ 1,361.400 $1,376.850 $ 15.459 $ 1.361.400 2.827 $ - $ 2.827 $ 2.827 18.286 $ 1.361.400 $1,379,686 S 18.286 $ 1.361.400 10.214 $ 20.000 $ 30.214 $ 18.925 $ 11.289 $ $ 13.400 S 13,400 $ 8.637 $ 4.763 S - $ 23.600 S 23.600 $ $ 23.600 5 10.214 $ 57.000 $ 67,214 $ 27.562 $ 39.652 $ 390.49915 1.736.1191 $ 2.126.61815 517.01515 1.609.6031 5 288 288 5.465 Akerman. Senterfitt Akcrman. Senterfitt Akcrman. Sentcrfitt Akerman. Senterfitt Hilburn Hillestad Tackn~. & Associates Wilson. Miller. Barton & Peck Wilson. Miller. Barton & Peek TOTAL INVOICES ACCOUNTS PAYABLE - MARCil DATE INV. NO. AMOUNT SERVICES TItRU 01/15/98 2129747 $ 2.030.72 02/09/98 2167951 $ 5.666.58 03/09/98 2205740 $ 4.492.45 04/17/98 2243612 $ 5.951.96 12/29/97 12/29/97 $ 29.700.0O 01/02/98 579 $ I 1.173.73 03/17/98 10127 S 1.044.50 04/09/98 10537 $ 527.O0 $ 60.586.94 1213 i/97 ~ 1/31/98 02/28/98 03/31/98 12/31/97 ¢) 1102198 02/28/98 03/27/98 Memorandum Date: 4/30/98 To: James P. Ward From: K.~Ie Lukasz Re: Australian Pine Removal As requested I have obtained quotes for the removal of the group of Anstralian Pines that arc just north of the Clam Bar beach facility. These prices include cutting the trees doss:n to ground lex'el, removal from thc beach and disposal. Thc price lis'ted for Native Creations is a verbal quote, a firm quote should be received for thc May 6. 1998 meeting . Flintstone $17.000 BJ Excavating $10.575 Native Creations $5.000 MEMORANDUM Pelican Bay Services Division TO: FROM: DATE: SUBJECT: Pelican Bay Services DMsion Advisory Committee .lames P. Ward April 29, 1998 Collier County Sheriffs Patrol In order to review the se~'ices of the Collier County Sheriffs Department to provide community policing patrols to the Pelican Bay Community for Fiscal Year 1999, I have recently met with a number of representatives from the Sheriffs Office to discuss a format in which the advisory committee would be able to review existing services provided and a method to evaluate services for Fiscal Year 1999, First, one of the kc)' questions that has been raised by the AdvisoW Board is tbr the Sheriff to provide the Advisory Committee with a detailed breakdown of the deputies within Pelican Bay and the amount of time during the past year that each deputy has responded to a call outside the Communitv Currently, the Pelican Bay Community Policing Patrols are provided from District One (i), North Naples Substation. which is located at the intersection of Vanderbilt Beach Road and Hammock Oak Drive in Pelican Bay. There are three (3) shifts each day and two zones in each shift, exclusive of the Pelican Bay Community Policing Deputies. The District I boundaries run north to the Lee County line; east to 1-75; south to Golden Gate Parkway Ext. (i.e. Coastland Mall); and west to the Gulf of Mexico. As has been previously noted by the Sheriff. in the event that an emergency arises outside of Pelican Bay, then the Sheriffs Office may utilize the Pelican Bay Community Policing Deputies to assist in this emergency call. Emergencies which may utilize the assigned Pelican Bay Community Deputies include such items as a road fatality or burglary in progress. During this past year, the Sheriff's Office has indicated that on specific occasions the Pelican Bay Community Deputy has been called out of Pelican Bay; however, the Sheriffs Office is not able t~ provide a detailed breakdown of these hours. In discussions with the Sheriffs office, the recommended way maybe to look at response times within Pelican Bay in excess of 15 minutes By utilizing this 15 minute threshold, there is a greater degree of probability that the Advisory Committee will be able to ascertain when the Pelican Bay Community Deputy has not been in th~ Community. That information will be provided to you under separate cover bv the Sheriffs Office. In review of the records for the past thirteen months, the following statistical information is of significance: TOTAL CALLS IN PELICAN BAY 3.864 PERCENTAGE OVER I 5 MINUTES 2.17% NUMBER OF CALLS OVER 15 MINUTES 84 AVERAGE RESPONSE TIME PELICAN BAY 6 Ylinutes The Sherift's Department will also be in a position to more fully discuss this item with you at the meeting Next, in order to determine whether the Community desires to continue the Community Policing Program for Fiscal Year 1999. there are a number of suggestions as outlined below which we have identified for the Advisor, Board to utilize in reviewing the success or failure of Community Policing. These items can be identified as follows: What is Community Policing? · A periodic list of those services which can be provided under the Community Policing Program to the residents of Pelican Bay: · Citizens on Patrol Program (COP) · House Registration when on vacation or out-of-town programs · Deputy Ride-A-Long Program (Patrol car or bike) · Sheriff's Citizens Academy · Civilian Volunteer Posse 2 Monthly Attendance of Lieutenant, Sergeant or a Deputy., as determined by the Division · Monthly report that focuses on Community Policing activities, such as attendance at homeowners' or condominium association meetings, presidents council meetings, including an analysis ofthe statistical repons, segregation ofthe 1201 grid to identify Pelican Bay. * Commitment bv Sheriffs Office to place officers in Pelican Bay for a minimum of three )'ears. · Better identification of Deputies and Patrol Vehicles as Community Policing Officers and Community Policing Patrol Vehicles · Higher utilization offoot patrols, bike patrols and/or golfcart patrols for residents to identifi,, Community Policing Officers · Special recognition of Officers by Advisor), Committee lbr providing services to the Community · Preparation ofanicles for Pelican Bav Sen'ices Division's newsletter · Implement cellular phone program for Deputies with business cards and phone numbers tbr residents to get to know deputies · A Pelican Bay Services Division sponsored Community Sun'ey, in one of the Division's Newsletters These are just a few ideas which I believe will be useful to you in evaluating the Sheriff's Program lbr Pelican Bay for Fiscal Year 1999. Finally, ~Ol$h Sgt Mike Dolan and Ms. Crystal Kinsel will be in attendance at the Advisory Com~i}[gl~ .Meeting to fully discuss this item Collier County Pelican Bay Services Division Operating Budget Fiscal Year 1999 Security Operations Revenue Summary Unappropriated Fund Balance as of October 1, 1998 Interest Income Ad-Valorem Taxes Total Available Funds: $0 $4,000 $325,100 S329,100 Appropriation Projection Security Operations Personal Services Other Contractual Services Other Fees & Charges: Tax Collector Property AppraiSer Revenue Reserve Total Debt Service Requirement: Total Other Fees & Charges: $0 5295,500 S295,500 S9,800 $6,500 $17,300 $33,600 Total Appropriations: $329,100 Projected Tax Rates Assessed Value: $1,780,925,176 Millage Rate: 0.1832 Assessed Value Yearly Charge $150,000 S25 $200,000 $34 S250,000 $42 S500,000 S750,000 $127 Sl,000,000 $169 The projected Assessed Value of Pelican Bay is based on the Actual Assessed Value for 1997, with an increase of eight (BY,) Percent. Collier County Pelican Bay Services Division Operating Budget Fiscal Year 1999 Security Operations Statement of Revenue, Expenditures and Changes in Fund Balance For the Fiscal year Ending September 30, 1998 Received Anticipated Tol~l Variance Budget Expended April/Sept. Received Favorable FY 1998 YTD 1998 Expended Unfavorable) Revenue: Tax Levv S326,200 $146,800 S 179,400 $326,200 S0 Interest Income 52,900 S1,730 Sl,500 S3,230 (5330) Total Revenue S329,100 $148,530 $180,900 S329,430 1$330) Appropriations: Other Contractual 5295,500 $-t5,700 $249.800 $205,500 Postage, Freight, [ $0 S0 S0 S0 $0 Other Operating _c S0 $43 $0 S0 S0 Total Appropriations $295,500 $45,700 S249,800 S295,500 S0 Other Fees and Charges Tax Collector $9,800 $4,500 $5,300 $9,800 Property Apprais, S6,500 S3,000 $3,500 S6,500 Revenue Reserve $17,300 S0 $17,300 S 17,300 $0 Expenditure Rese~ $0 $0 $0 $0 S0 Total Other Fees and Charges $33,600 $7,500 $26,100 $33,600 S0 Total Appropriations & Other Fees & Charg $32%100 $53,200 $275,900 $329,100 S0 Net Income Fund Balance October I, 1997 (Actual) Fund Balance September 30, 1998 (Pt~jected) Distribution of Fund Balance Reserve for Operations Unappropriated Fund Balance September 30, 1998 S330 572.639 s72,969 572,969 so Collier County Pelican Bay Services Division Operating Budget Fiscal Year 1999 Security Operations Appropriation Analysis: Other Contractual Services (Fund-Object-634970) 5295,500 The following projection have been provided by the Collier Count]., Sheriff's Office. In accordance with the Pelican Bay Services Division AdvLsorv Committee objectwes, these costs provide for One (I) Full-time Sheriff's F~eputv to be assigned to Pelican Bay. In order to provide for full-time service to the Pelican Bay Community a total of Five (5) Deputies will be required. Personal Serv,ces Each Sa la ~' ' $36,040.00 Fica $2,718.00 Incentive S722.00 Retirement $9,860.00 Health Insurance $2,6,S0.00 Life Insurance $120.00 Workman's Corn p. $1,740.00 Sub-total: !ns u ra nco Automobde Liability Automobile Repairs and Mainten. Tires and Batteries Fuels and l.ubr~cants Uniforms Other Operating Supplies Projected Cost Total $180,200.00 S13,590.00 S3,610.00 $49,300.00 $13,400.00 $600.00 $8,700.00 $53,880.00 $269,400.00 56OO.O0 S3,OO0.00 59O0.00 $4,5OO.0O S400.OO S2,0OO.00 520O.O0 $1,0OO.OO 51,500.00 57,500.00 $1OO.OO $5OO.OO S300.00 $1,500.00 Sheriff's Office Allocation for all overhead 51,30.00 $6,1OO.00 Capital Outlay Vehicles Total: $0.OO $0.00 $59,100.00 S295,500.OO Collier County Pelican Bay Services Division Operating Budget Fiscal Year 1999 Security Operations Other Fees and Charges: Tax Collector: (110-959050-730700) Fees are based on Fiscal Year 1999 taxes to be collec~ed. Property Appraiser (110-959050-930600) Fees are based on Fiscal Year 1999 taxes levied. Revenue Reserve: The Board of County Commissioners policy and State Law requires the Division to appropriate 95Yo of estimated revenues, which will cover discounts and non-payment of taxes. Total Other Fees & Charges: $9,800 $17,300 S33,600 Total Appropriations: $329,100 Collier County Pelican Bay Services Division Security Fund Schedule of Line Item Comparison 99/~ Total Dollar Fiscal Year 1999 19~6 UnaF, propr~ated Fund Balance [ntert-~! Income [~an Rl~vtew Fee [r~ome A~'~o~,nt or Ad-Valorem Tax l.evy Tmal Revenue Per~entage Change SO SO SO $,4,,(300 S2,900 $1,100 so so ~ S325,100 S326,200 ($1,100) $329,100 S329,100 Si) n/a 37.93% 0100% Approprtatton~ Projections Pemonal Services Admln~tion: Da~ Pr~mg. ~fke Aut~t~ Pc~tage, Fr~g~t Insu rant e. ~eral Da~ Pr~mg F~uJ~t C~er~ ~ordtn$ ~her Trainm (~t O~rat mg Su~ ~eld Se~ic~ F~gm~rmg ~her C~trac lual ~ & Sw,*le Mamt~nce Water U~ ~planltnfi Pr~ram Trash & I~m~r Wat~ ~ality l~urance ln~u rance - Ca~eral Sprm~et Minor O~ratm$ Suppli~ ~er O~tatmg Suppll~ Ca pita I Outlay (~her C~trac~al ~her ~ Tax Coll~tot Pro~ Apprat~r ~v~ue ~rve n/~ n/a n/a ri/,* n/a n/a n/a n/a n/a tt/d n/a n/a n/,* n/a n/,* n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a 0.~% 0.~% 0.~/, II MEMORANDUM Date: To: From: Re: August 6, 1998 Joyce Houran, Grants Coordinator Collier County Sheriff's Office Ellie Hoffman, Deputy Clerk Minutes & Records Department Certification of Acceptance of the Subgrant Award for the Anti-Drug Abuse Grant #99-CJ-9M-09-21-01-003 Serious Habitual Offender Comprehensive Action Plan (SHOCAP) Program Enclosed please find the original document as referenced above, Agenda Item 16H3, approved by the Board of County Commissioners on August 4, 1998. If you should have any questions, please contact me at: (8406). Thank you. Enclosure State of Plorida Department of Community Affairs Division of Housing and Community Development Bureau of Community Assistance 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 CERTIFICATION OF ACCEPTANCE OF SUBGRANT AWARD The zubgrantee, through its authorized representative, acknowledges receipt and acceptance of subgrant award number 99-CJ-gM~09-21-01-003 in the amou~ of $~47,421, for a project entitled: Serious HabitL%al Offender Comprehensive Action Plan {SHOC2tP) Program III for the period of 10/01/98 through 09/30/99, in accordance with the sza=ement of work contained i~ the ~ubgrant application, and subject to the Department of Commu~ity Affairs' conditions of a~greement and s~ecial conditions governing this subgrant. Collier County Cc~mission (Typed Name and Title of Official) (Da Acceptance DCA-CJ Form 1 (June, 1985) Ef7-~-lE)C-q~ 18: 5.c~ 8E.848'74414 TOTF-N_ F.D1 P.Ol 1 6H# mm! D~OR~ Date: To: From: P.e: August 6, 1998 Joyce Houran, Grants Coordinator Collier County Sheriff's Office Ellie Hoffman, Deputy Clerk ~ Minutes & Records Department Certification of Acceptance of the Subgrant Award for the Anti-Drug Abuse Grant #99-CJ-9M-09-21-01-002 Street Gang Prevention and Apprehension Program Enclosed please find the original document as referenced above, Agenda Item 16H4, approved by the Board of County Commissioners on August 4, 1998. If you should have any questions, please contact me at: (8406). Thank you. Enclosure State of Florida Department of Community Affairs Division of Housing and Community Development Bureau of Community Assistance 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 CERTIFICATION OF ACCEPTANCE OF SUBGRANT AWARD The subgrantee, through its authorized representative, acknowledges receipt and acceptance of subgrant award number 99-cJ-gM-09-21-01-002 in the amount of $59,224, for a project entitled: Street ~ang Prevention and Apprehension Program II for the period of 10/01/98 through 09/30/99, in accordance with the statement of work contained in the subgrant application, and subject to the Department of Community Affairs' conditions of agreement and special conditions governing this subgrant'. iSi~at-ure of ~u~hori~ed~k~icial) Barbara B. Berry Cha i rman Collier County Co-mission (Typed Name and Title of Official) f Acceptance) '".. ATTEST: DWIGHT E. BRO. CK., CLERK .' ..~ .' - , : : Signature on]j,,/.**. , DCA-CJ Form 1 (June, 1985) BOARD Of COUNTY CC~qISSIGNERS ATTN: NANCY SALOGU~ PO BOX &l~:r16 NAPLES ~L ~101-3Gq6 REFERENCE: 0Cr1230 180321'7 ~7720156 NOTICE OF INTENT TO State of FLorSda County of Collier Before the undersigr~l authority, persoMtLy appeare~l 8. L~mb, vtlo off oath lays tl~t she serves as the Assistant Corporate Secretary of t~ ~Les tn ~L1er C~ty, FLort~: t~t t~ ~ of ~erttst~ ~s ~Lt~ Sn ~d ~r ~ ~tet Affect furt~e s~s t~t t~ M~d~Les DalLy ~s ~s i ~r ~Lt~ at ~Les, tn ~d ~LLter ~ty, FLort~, ~ t~t t~ ~r ~s ~retof~e ~ ~tt~sLy ~s ~ ~ter~ls ~ctlss ~t meter It t~ ~t off'ce in ~Les, ~n ~*d ~LLter ~ty, FL~, f~ · ~rt~ of I year ~xt ~?~ t~ f?rst ~Liatimof t~ attac~ ~ of ~vertd~t; ~ Iffi~t furt~r ~s t~t ~s ~tt~r d~J~t, r~te, ~tist~ Or ref~ for t~ ~r~se of secur~ th~s ~vert~s~t for AD SPACE: 151.0GO INCH FZLE0 C~: 07/1~/98 Signature of Affiant ''~ ~L Svorn to ~ ~scri~ ~fore ~ this //~/ 0110 imams DiNG ONOl. MUM WYNDEMERE UlelT DE. ENT, AS N~NA~C~ NUMBERS ~ OF PAGES .-~/ (including this cover) llilililiilllililililiilliliiliilllllililililllllillilllliillii TO: MR. JUD TT1~ LOCATION: NAPLES illiillillIllllilililiililliiliiilllllillli'iiillillllllllllilil FROM: ____.__.~ELLIE HOFFMAN- MINUTES &RECORDS LOCATION: Collier County Courthouse FAX NO: (813) 774-8408 P;[ONE 'NO: (813) 774-8406 93~ B6-18 ~ ~8: 39 931 86-18 ~ ~3:~1 01' 31 ~ 92634864 O~ June 17, 1998 Ms. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 33940 Re: Notice of Public Hearing to Consider Petition PUD-~I-4(5) Dear Judi: Please advertise the above referenced notice one time on Sunday, July 12, 1998, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Ellie Hof fman, Deputy Clerk Purchase Order No. 803277 :;OTICE OF II;TENT TO CONSIDER ORDI~;A~ICE ~;otice is hereby given that on TUESDAY, JULY 28, 1998, in the Boardroom, ~rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the of County Co~missioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.[4. The title of proposed Ordinance is as follows: A_N ORDII.;AI,;CE ;d4ENDI~.;G ORDINANCE NUI4BER 79-81, THE ??fNDE[4ERE PLA~,~NED bT~IT DEVELOPI4ENT, AS AI4ENDED, BY ORDINANCE ~IUI4BERS 79-Ri; 81-29; 84-66; 87-66; AI.;D 96-~,, BY PROVIDING FOR: SECTIOn'; ONE, PERI4ITTED USES, TO PEP!4IT ADI4I.'~?iSTPJ~TIVE OFFICES FOR USE BY THE nOI~.-.O,'~/,;_~.,~ ASSOCiATIOn;, INC.; TO SET FORTH DE"/ELOPI,IE~;T ~]TAND;:RDf-; WITH RESPECT TO THE DEVELOPI4ENT OF SAID USE OF LAND AND, TO PROVIDE FOR TEI,,'POP~%RY ADI4INISTP~%TIVE FACILITIES AT THE CURRENT SALES CE~-~TER LOCATED ON PARCEL C OF THE %'?fI{DEI/,ERE SUBDIVISION; SECTION TWO, A24END THE ,'z,,a. STER PLA2,I TO IDENTIFY THE LOCATIOI.; OF PERMJ~NENT ADI4INIST?3.TiVE OFFICES, ;d{D SECTION THREE EFFECTIVE DATE. Petition ~.;o. PUD-81-4(5), Quarles and Brady representing the Wyndemere Property Owners Association, requesting an amen~nent to the Wyndemere Planned Unit Development District for the purpose of authorizing permanent offices for the Wyndemere Property Owners Association including continuation of current temporary offices and to amend the I<aster Plan to indicate the location for said offices in the Wyndemere PUD located on the East side of the planned Livingston Road righ-of-way, one half mile north of the Golden Gate Parkway in Section 19, Township 49 South, Range 26 East, Collier County, Florida. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: Ail persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda i~em to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be al!otEed ]C ~ainutez to speak on an item. Persons wishing to have written or graphic materials include~i ~:~ the Board agenda packets must submit said material a minimum of 3 week:~ prior to the respective public hearing. In any case, written mate¥ial~ intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public: hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF CO~gTY COI~4ISSIONERS COLLIER COb~£, FLORIDA BARBARA B. BERRY, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Ellie Hoffman, Deputy Clerk (SEAL) .! ORDINANCE NO.~ 98- AN ORDINANCE A~4ENDING ~ORDINANCE NUMBER 79-8I, THE WYNDEMERE PLANNED UNIT DEVELOP:.~ENT, AS ;44ENDED, BY ORDINANCE ·'IUMBERS 79-81; 81-29; 84-66;-.87-66; AND 96-8, BY PROVIDI~G FOR:' SECTION ONE, PER~4ITTED USES, TO PEP~MIT ADMINISTRATIVE OFFICES FOR USE BY THE WYNDEMERE HOMEOWNERS ASSOCIATION, INC.; TO SET FORTH 'DEVELOPI4E~T STANDARDS WITH RESPECT TO THE DEVELOP:.:Er~? OF SAID USE OF LAND AND, TO PROVIDE FOR TEMPORARY ADMINISTRATIVE FACILITIES AT THE CURRENT SALES CENTER LOCATED ON PARCEL C O~ THE WYNDE~4ERE SUBDIVISION; SECTION TWO, TO AME~.~D THE :~-ASTER PLAN TO IDENTIFY THE LOCATION OF PEREANE~;T ADMINISTRATIVE OFFICES, AND SECTION THREE EFFECTIVE DATE. WHEP, EAS, cn October 23, 1979, the Board of County Co.~uuissioners app~c-/ed Ordinance ~:umber 79-81, which established the Wyndemere Planned ,Unit 2eveiopment (PUD); and WHEREAS, the Wyndemere Homeowners Association, petitioned the Board cf County Commissioners ~o amend::Ordin~nce Number 79-81 as amended, as set forth below; ~;OW, THEREFORE BE IT ORDAINED, by the Board of County Com.n. issioners of Collier County, FlOrida: SECTION dUE: AME~;DMENT TO SECTIION ENTITLED pEpJ4ITTED USES .-he .'Jectlcn entitled Permitted Uses, of the Wyndemere P!a.nned Uni[ Deveicpm~nt ~ · ...... d~nance 79-81, as amended; is hereby further amended to read as ~"~iows: PER~<iTTED USES: Single family dwellings; multi-family dwellings; golf course; a country club complex, including indoor and outdoor social, recreational, dining, and service facilities; residen~iai area recreation facilities; golf course maintenance ~ac~l~es; project utilities facilities; administrative facilities for use by the Wyndemere Homeowners Association o~, ccr~on area located on lands as described in the revised PUl; :~as~er Plan attached hereto and incorporated herei~; and customary accessory uses. PER~ANE:;T AD~4I[.]ISTRTATIVE FACILITIES: Permanent administrativo facilities for use by the Wvndemere Homeowners' Association shall be constructed upon lands located within Parcel C of the Wyndemern Subd~.~ ~ ~/.s.cn, located in Section 19, Township 49 South, Ranqe 26 East, Collier Count,/, Florida~ as more particularly set forth in the revised PUD Master Plan in accordance with the followin~ standards: Words. struck ~hrouoh are deleted; words ,underlined are added. -1- A. The minimum building setback from the entrance from all internal roadways within the Wyndemere Subdivision to the buildin~ shall be 25 feet from the back of the curb. B. The minimum buildin~ setback from the Livinaston Road ri hq_~_L_ of-way shall be 60 feet from the back of the curb. C. The minimum enclosed and air conditioned floor area shall be a maximum of 3,-~-6~ square feet. D. The maximum enclosed and air conditioned floor area shall be a maximum cf 7,000 sauare feet. E. Buildinc heicht, off-str~uirements, and landscaping reauirements shall be in accordance with th,~ Collier County Land Development Code. TEMPORARY ADMINISTRATIVE FACiLiTiES: until such time as Collier ~has finalized olans and commenced construction on the stun Road, located adiacent to Cubdiv'~ ~ ~., ...... - ~ z ..... , ~= -ynaemere Homeowners' Association is entitled to utilize the sales center currently 1o~ Parcel C of the mereSubdivisio in Section 19, To__South' located County, F-~orida~_fo~ it~ ~ facilities. SECTIO:; TWO: A~.:E~;D:-~E~T TO PUD MASTER PLAN Ordinance Number 79-81, PUD Master Plan as subsequently amended shall he further amended to reflect the minor modifications to the PUD Master Plan as shown on the revised PUD ~4aster Plan attached hereto and incorporated by reference herein. SECTION THREE: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Con~nissioners of Collier County, ~lorida, this _ day of _~ ~, 1998. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA APPROVED AS TO FORM A:~D LEGAL SUFFiCiEMCY: ~A~~ ASSISTA2~T COUNTY ATTORNEY f/PUD-81-4 ~5) ~yn~eme~e BY: BARBARA B. BERRY, CHAIRMAN Words struck throuch are deleted; words underlined are added. F~! 0D:25 FA~ 941 $4~ 5716 .. WILSON' NILiZR Ii!'I ' l '? A '~ J ~ ~oo~ 941 G4:3 5'716 ;AGE.E~02 June 17, 1998 Wyndemere Homeowners Association, Inc. 385 Edgemere Way North Naples, FL 34105 Re: Notice of Public Hearing to consider Petition PUD-81-4(5) Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, July 28, 1998, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, July 12, 1998. You are invited to attend this public hearing. Sincerely Ellie Hoffman, Deputy Clerk Enclosure 1 7A',a , June 17, 1998 John D. Humphreville, Esquire Quarles & Brady 501 Tamiami Trail North, Suite 300 Naples, FL 34103 Re: Notice of Public Hearing to consider Petition PUD-81-4(5) Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, July 28, 1998, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, July 12, 1998. You are invited to attend this public hearing. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure To: XXX Normal legal Advertisement (Display Ad,,'., location, etc.) · COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC IIEARINGs Clerk to the Board: Please place the following ~s a: I--] Other: Petition No. (If none. give brief description). Petitioner: (Name & Address}: Wvndemerc H0meowncrs Association. lac,. 385 Edgcmcrc W~V Noah. Naolcl;, FL 34105 Name & Address of any person(s) to be notified by Clerk's Office: (Ir more s'pace is needed, at,ach separate sheet) .,John D, Humphreville, Es~.. Ounrles & Brady, 501 T0miami Trail Noah, Suite 300. Naole$, FL 34103 Hearing before X)CY Bce BZA Other Newspaper(s) to be used: (Complete only if important): XX.X Naples Daily News Other [] Legally Required Proposed Text: (Include legal description & common location & Size: Companion pefilion(s), iran.,,'& proposed hearing date: Does Petition Fee include advertising cost.'? [~es r-] No If Yes. what account should be charged for advertising costs: 113-138323-649110 Division Head Date List Attachments: Counn.. Manager Date ho DISTRIBUTION INSTRUCTION.q For hearings before BCC or BZA: Initiating person to complete one coy and obtain Division liead approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessan., legal review, or request for same, is submltt~d to County Attorney before submitting to County Manager. cop,cs: The Manager's office will distribute [] Count)' Manager agenda file: to Clerk's Office Requesting Division [] Original B. Other hearings: Initiating Division bead to approve and submit original to Clerk's Office, retaining a copy for file. FOR CLERK'S OFFICE USE ONLY: , Date Received: (../~-~,~(: Date of Public hearing: ~:~/~2 ?/:',,/' Dale Adverlised:. ?//-?/".~' ~" Petition ~o. PUD-81-4(5), Quarles and Brady'~representing the Wyndemere Property Owners Association,!~requeSting an amendment to the Wyndemere Planned Unit Development District for the purpose of authorizing permanent offices for the Wyndemere Property Owners Association including continuation of current temporary offices and to amend the Master Plan to indicate the location for said offices in the Wyndemere PUD located on the East side of the planned Livingston Road Right-of-Way one half mile north of the Golden Gate Parkway in Section 19, Township 49 South, Range 26 East, Collier County, Florida. ORDINANCE NO. 98- 66 AN ORDINANCE AMENDING ORDINANCE NUMBER 79-81, THE WYNDEMERE PLANNED UNIT DEVELOPMENT, AS AMENDED, BY ORDINANCE NUMBERS 79-81; 81-29; 84-66; 87-66; AND 96-8, BY PROVIDING FOR~~ SECTION~ONE, PERMITTED USES'. TO PERM~T~ADMINISTRATiVE OFFICES FOR USE BY THE WYNDEMERE HOMEOWNERS ASSOCIATION,. INC.; TO SET FORTH DEVELOPMENT STANDARDS WITH RESPECT TO THE DEVELOPMENT OF SAID USE OF' LAND AND, TO PROVIDE FOR TEMPORARYADMINISTRATIVE FACILITIES AT THE CURRENT SALES CENTER LOCATED ON PARCEL C OF THE WYNDEMERE SUBDIVISION; SECTION TWO, TO AMEND THE MASTER PLAN TO IDENTIFY THE LOCATION OF PERMANENT ADMINISTRATIVE OFFICES, AND SECTION THREE EFFECTIVE DATE. WHEREAS, or, October 23, 1979, the Board of County Commissioners approved Ordinance Number 79-81, which established the Wyndemere Planned Unit Development (PUD); and WHEREAS, the Wyndemere Homeowners Association, petitioned the Board of County Co~missioners to amend Ordinance Number 79-81, as .amended, as set forth below; NOW, THEREFORE BE iT ORDAINED, by Board of County Corm~issioners of Collier County, Florida: SECTION ONE: AMENDMENT TO SECTIION ENTITLED PERMITTED USES The Section entitled Permitted Uses, of the Wyndemere Planned Unit Development (Ordinance 79-81, as amended) is hereby further amended to read as fo!lows: PERMITTED USES: Single family dwellings; multi-family dwellings; golf course; a country club complex, including indoor and outdoor social, recreational, dining, and service facilities; residential area recreation facilities; golf course maintenance facilities; project utilities facilities; administrative facilities for use by the Wyndemere Homeowners Association on common area located on lands as described in the revised PUD Master Plan attached hereto and incorporated herein; and customary accessory uses. PERMANENT ADMINISTRTATIVE FACILITIES: Permanent administrative facilities for use by the Wyndemere Homeowners' Association shall be constructed upon lands located within Parcel C of the Wyndemere Subdivision., located in Section 19, Township 49 South~ Range 26 East, Collier County, Florida~ as more particularly set forth in the revised PUD Master Plan in accordanceiwith the following standards: Words struck Chrouah are deleted; words ~ are added. The minimum building setback frOmth~,entrance from all internal roadways within 'the Wyndemere Subdivision to the buildinq shall be 25 feet from the back of the curb. The minimum building setback from the Livingston Road right- of-way shall be 60 feet from the back of the curb. The minimum enclosed and air conditioned floor area shall be n maximum of 3,000 square feet. D. The maximum enclosed and air conditioned floor area shall be 4 maximum of 7,000 square feet. Eo Buildinq heioht, off-street parking requirements, and landscaoing requirements shall be in accordance with thn Collier County Land Development Code. TEMPORARY ADMINISTRATIVE FACILITIES' until such time ns Collier County has finalized plans and commenced construction on the ~xpansion of Livingston Road, located adjacent to the Wyndemere Subdivision, the Wyndemere Homeowners' Association is entitled tw utilize the sales center currently, located at Parcel C of th,'. !¢yndemere Subdivision, located in Section 19, Townshio 49 South, ~ange 26 East, Collier County, Florida¢ for its administrative facilities. SECTION TWO: ~2.~ENDMENT TO PUD MASTER PLAN Ordinance Number 79-81, PUD Master Plan as subsequently amended shall be ~ .ur~.~er amende~ to reflect the minor modifications to the PUD Master Plan as shown on the revised PUD Master Plan attached hereto and incorporated by reference herein. SECTION THREE: ~F=CTIV~ DATE This Ordinance shall become effective upon filing with the Department of State. PASSED AHD DULY ADOPTED by the Board of County Co~issioners of Collier County, Florida, this z/-w day of ~z~./ , 1998. ATTEST: DWIGHT E. BROCK, CLERK APPROVED AS TO FORM ASD LEGAL SUFFICIENCY: MARJ~RIE M. STUDENT ASSISTANT COUNTY ATTORNEY f/PUD-81'4(5~ Wyn~.~,er~ PUD BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, ~-LORIDA Words. struck ChrQgch are deleted; words ~ are added. Zoo~ 1 STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, ~Fiorida, ~d° hereby certify that the foregoing is a true copy of: ORDINANCE NO. 98-66 Which was adopted by the Board of County Commissioners on the 4th day of August, 1998, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 6th day of August, 1998. DWIGHT E' BROCK .. Clerk of Courts and'Clerk J Ex-officio to Board'of County Commissioners BOAJ~ M C(:XMTY colqH~sSS0NEI~S A~*TN: KANCY SALOGO~ FO BOX &13~16 NAJ~J[S FL ~101-3016 NOTICE M Z~ TO S~te ~ FL~t~ ~ty ~ ~ttter ~fft~t f~t~r ~ t~ t~ ~td~t~ itt~ ~ ~ ~erti~; ~ efft~ dls~t, r~te, Mtsst~or ref~ f~ tM ~ of ~rt~ thtl ~ertl~t f~ ~ti~tt~ in t~ Mid m~r. ~[~ ~: 0~/19 ON: OT/~O/~ Si~n~ture of Afl t~nt ~ ~ uUs cover) ]. E~ II !i!ili!!1111111111111111111111111111111111111111111111111111111 I TO:":~ - .I MS. .]'i]'BTTTi I F]tX ~0.. 263-~864..-, ' ":?' ::::::::::::::::::::::::::::::: ;; - i Ii!!11111111111 FROH ,' LOCATION= Collier County Courthouse FAX ],.~: (8:].3) 774-840e , PHONZ'NO: (813) 774-8406 o l's~'~ I ~-~,=I ~4:4~ ee.~,~ _e"~_:,.,=e~ I July 14, 1998 Ms. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 33940 Re: Notice of Public Hearing to Consider Petition PUD-88-10 (2) Dear Judi: Please advertise the above referenced notice one time on Sunday, July 19, 1998, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Ellie Hof fman, Deputy Clerk Purchase Order No. 803277 July 14, 1998 Gulf Coast National Bank 383~ North Tamiami Trail Naples, FL 34103 Re: ~.~otice of Public Hearing to consider Petition Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, August 4, 1998, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in tke Naples Daily News on Sunday, July 19, 1998. You are invited to attend this public hearing. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure July 14, 1998 ~4r. Robert Duane Hole, ~6ontes & Associates 715 Tenth Street South Naples, FL 34102 Re: Hotice of Public Hearing to consider Petition PUD-88-10(2) Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, August 4, 1998, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Haples Daily News on Sunday, July 19, 1998. You are invited to attend this public hearing. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure ! NOTICE OF It;TENT TO CONSIDER ORDIt;AI~CE ~;otice is hereby given that on TUESDAY, AUGUST 4, 1998, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: ~ ORDIM~;CE ~4E~;DI[IG ORDI};~;CE ~K/MBER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE ?~ICH INCLUDES THE COMPREHENSIVE ZONING REGULATIO~;S FOR THE ~;I[.~CORPORATED AREA OF COLLIER COUNTY, FLORIDA BY ~4ENDI~;G THE OFFICIAL ZONING ATLAS MAP NX~4BERED 8526N BY CH~GIZ;G THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FRO:4 "RSF-3" ~D "PUD" TO 'PUD" PLANNED UNIT DEVELOPMENT F~;O?2: AS SURREY PLACE, HAVING THE EFFECT OF REZONiNG 0.45 ACgES, ~4ORE OR LESS, ~;D ~,[E!;DING THE CURRENT SURREY PLACE PUD FOR PROPEK/Y LOCATED ON THE SOUTH SIDE OF I~4OKALEE ROAD (C.R. 846) LYING EAST OF VETERANS PARK DRIVE AND WEST OF THE WEST LIMIT OF THE STONERRIDGE PUD, iN SECTION 26, TO?~SHIP 48 SOUTH, RANGE 25 EAST, COLLIER CO~;TY, FLORIDA, CONSISTI~;G OF 12.80 ACRES; PROVIDING FOR THE REPEAL OF ORDI~;~;CE [',~3/4BER 98-60, AS ~4ENDED, THE FO~4ER SURREY PLACE PUD; Al,ID BY PROVIDING A~; EFFECTIVE DATE. Petition [.;o. PUD-88-!0(2), Robert Duane, of Hole, ~4ontes & Associates, Inc., representing Gulf Coast National Bank, requesting a rezone from "PUD" Planned Unit Development and "RSF-3" Residential Single Family to "PUD" Planned Unit Development for purposes of updating the current Surrey Place PUD and expanding the area by an additional 0.46+ acres. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: Ail persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, ~] spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing, in any case, written materials intended to be considered by the Board'shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. 17Bmm Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COU],;TY COZ~ISSIONERS COLLIER COUNTY, FLORIDA BARBARA B. BERRY, CHAI~4A/~ DWIGHT E. BROCK, CLERK By: /s/Ellie Hoffman, Deputy Clerk (SEAL) AN ORDINANC~- 91-102, THE COSX~ ZVELOPMENT CODE, WHICH ~ENS IVE ZONING REGU D AREA OF COLL] ~44ENDING NUMBERED 8526 C~SS I FICAT IO}; [ BED ' R~L PROPERTY P~NNED UNI~ PLACE, HAVIXG 45 ACP, ES, MORE CURRENT SUR LOCATED ON (C.R. 846) D~iVE AND STONEBRI ~E PUD 48 SOUTH, ~NGE 25 FLORIDA, CONSISTXNG OF 12.80 ACRES; PROVIDING FOR THE REP~O~&OR~XNANCE NUMBER 98-60, AS ~END~D/:'::THE~FO~ER SURREY PLACE PUD; AXD BY PROVXDI~G'A~'~FFECTIVE 2ATE. WHERE,.S, Robert Duane representing Gulf Coast Nat Co,,~utssicners to change the real property; ' .'~ .... NOW THEREFORE BE IT COLLIER COUNTY, £LORX~A; ,~Inc., the'Board of County .of?~he herein described IONERS OF Zon~nc Ioca:e: in ~_c,ion 26, ,o~nshi~> 48 South';:'P~ng8 25 East, Collier Count,/, Flori~a, is :hah;ed from "RSF-3" and "PUD" to "PUD" Planned Unit Development in accordance with =he PUD Document, attached hereto as Eznih_. .-. , wn,.ch is incorporate~ herein and by reference made part hereof. ?he Official Zoning Atlas Map nuw~ered 8526N, as described in Ordinance :;ur. cer ~I-i02, the Collier County Land Development Code, is hereby amen,~ed accordingly. '~'" SECTION TWO: ...~: ..... . ~.~.'.~. . ~ ~? .... :rdir. ance ::umDer :~-~0, :as. amended~~s the Surrey Place PUD, of Collier SECTION ~ This Ordinance shall Department of State. i/- PASSED AND DULY ADOPTED b Collier Counzy, Florida, this ATTEST: DWIGHT E. RROCK, Clerk 'with~the unty Commissioners of 1998. BOARD F' COUNTY COMMISSIONERS COLLIER'.~"COUNTY, FLORIDA Chairman ~.. ]4arjorie M. Student Assistant County Attorney THE SURREY PLACE PLANNED UNIT DEVELOPMENT Prepared by: Hole. Montes & Associates, Inc. 715 Tenth Street South Naples, Florida 34102 Tel. (941) 262-4617 17B June, 1998 HMA File No. 98.35 TABLE OF CONTENTS 17B SECTION 1 SECTION 2 SECTION 3 SECTION 4 SECTION 5 SECTION 6 SECTION 7 SECTION 8 Statement of Compliance Project Description. Legal Description and Short Title Statement of Intent and General Development Regulations Permitted Uses and Site Development Regulations Environmental Standards Traffic Standards Utilities Standards Engineering Standards Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Legal Description of Tract "A" and "B" Conceptual PUD Master Plan Conceptual Landscape Plan Tract "A" Landscape Buffer along the South Property Line of Tract "B" tNorth Half of Lot Seven) Conceptual Landscape Plan, Tract "B', with Traffic Control and Securi .ty Detail SECTION 1 STATEMENT OF COMPLIANC£ The development of 12.80 acres of property, in Section 26, Range 25 East. Township 48 South. Collier Coun ,tT, Florida as a Planned Unit Development to be known as the Surrey Place PUD will be in compliance with the planning goals and objectives of Collier County for the following reasons: 1.I 1.2 1.3 The project is consistent with all applicable elements of the Collier County Growth Management Plan including Policy 5.8 of the Future Land Use Element that permits Adult Living Facilities subject to {egulations contained in Section 2.6.26 of the Collier County Land Development Code. 1.4 1.5 The project incorporates natural systems into either preserve areas or as integral components of the water management system to enhance their natural function. The project is compatible with adjacent land uses through the internal arrangements of structures, the placement of land use buffers, and the proposed development standards, as required by Policy 5.4 of the Future Land Use Element. All improvements shall be in compliance with all applicable County regulations pertaining to construction and design. All Final Development Orders for this Planned Unit Development are subject to the Collier County Concurrencv Management System, as implemented by Division 3.15 of the Collier County. Land De;,'elopment Code. 2.I 2.3 SECTION PROJECT DESCRIPTION LEGAL DESCRIPTION SHORT TITLE PROPERTY DESCRIPTION The subject properly is located on the south side of lmmokalee Road, one half mile west of Airport Road and located in Section 26, Range 25 East, Township 48 South and comprises approximately 12.80 acres of land. The subject property is divided into two tracts. Tract "A" is the location of an Adult Living Facility (ALF) on 10.57 acres. Tract "B" is planned for office uses and comprises 2.23 acres. LEGAL DESCRIPTION See attached legal description. Exhibit A for Tracts A & B. ...SHORT TITLE This ordinance shall be known and cited as the Sun'ev Place Planned Unit Development Ordinance. - 3.1 3.2 SFCTION 3 S_TATEMENT OF INTENT AND GENERAL DEVE PMENT REGULATIONS The project purpose is to provide for the development of an Adult Living Facility on 10.57 acres on Tract "A", located on the west side of Pamu Street. Also, permitted are office uses on Tract "B", on 2.23 acres. Both Tract "A' and "B" Master Plan. Exhibit B. are depicted on the PUD GENERAl. The following are general provisions applicable to the PUD Master Plan: A. Co Do Regulations for development of the Surrey Place Planned Unit Development shall be in accordance with the contents of this document, the PUD - Planned Unit Development District and other applicable sections and parts of the Collier Count.,,, Land Development Code (LDC) in effect at the time of building permit application. Should these regulations fail to provide specific developmental standards, then the provisions of the most similar zoning district in the Collier Count), LDC shall apply. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Collier County LDC in effect at the time of building permit application. All conditions imposed and all graphic material presented depicting restrictions for the development of the Surrey Place Planned Unit Development shall become part of the regulations which govern the manner in which this site may be developed. Development, permitted by the approval of this petition, will be subject to a concurrency review under the provisions of the Adequate Public Facilities Division 3.15 of the LDC at the earliest or next to occur of either final SDP approval. Final Plat approval, or building permit issuance applicable to this development. 3 3.8 SITE CI, E..\RING AND DRAINAGE Clearing. grading, earthwork, and site drainaee work shall be perlbrmed in accordance with Division 3.1 of the Collier County LDC ~nd the standards and commitments of this document at the time of construction plan approval. E.__'XSEMENTS FOR I.'TILITIES; Easements. where required, shall be provided for water management areas, utilities and other purposes as may be required by Article 3 ofthe Collier Count,,, LDC. All necessary, easements, dedications or other insmu~ents shall be granted to ensure the continued operation and maintenance of all services and utilities to insure compliance with applicable regulations in effect at the time construction plans, site plans or plat approvals are requested, in accordance with Article ': of the Collier County LDC. · \MENDMENTS TO THE ORDINANCE The PUD Master Plan is intended as an illustrative prelimina~, development plan and shall be understood to be flexible so that the final design may be:st satisfv the project, the neighborhood and the general local environment. Amendments to this Ordinance and Conceptual PUD Master Plan shall be pursuant to Section 2.7.3.5 of the Collier County LDC in effect at the time the amendment is requested. .PARKING Parking shall be provided as required by Section 2.6.26 or Division 2.3 of the Collier County. LDC. whichever is applicable. A security gate for nighttime use shall be installed on the parking lot on 'tract "B" south of the southern-most access to Parnu Street. as depicted on Exhibit "E". ~L'NSET ..\ND MONITORING PROViSiONS The Surrey Place PUD shall be subject to Section 2.7.3.4. Time Limits. for Approved PUD Master Plans and Section 2.7.3.6, Monitoring Requirements. COMMON AREA MAINTENANCE Common area maintenance, including the maintenance of common facilities, open spaces and the water management facilities, shall be the responsibility of the owners' association, together with any applicable permits and conditions from applicable local. State. or Federal permitting agencies. 3.10 3.11 [-ANDSCAPING REQUIREMENT£ Ali landscaping requirements, buffers, walls and berms shall be developed in conformance with requirements of Division 2.4 of the Collier County LDC pertaining to landscaping and buffering, however, a portion of the front yard b~ffer, along Visland Avenue :'or Tract "A". which includes a portion of the internal drive serving existing development, ma.,,' average i0 feet in width for a distance of approximately 165 feet. Any plantings required to be provided in this area that ma},' be displaced as a result of the size or configuration of the buffer area shall be provided in other portions of the buffer ~ea. The buffer .along Visland Avenue shall be installed Within 90 days after zoning appro,,'al. The height of this buffer area is required to be eight (8) feet in height by the time the Certificate of Occupancy is issued for the building addition depicted on the PUD Master Plan as Conceptual Future Building footprint. A conceptual landscape plan is attached as Exhibit C to this Ordinance depicting this buffer area. .-\ C'~irty foot naturallv vegetated area will remain aion~ the south thin.',, (30) feet of the north half of Lot 7 Tract "B" and a fifteen {15) foot b~ffer of native veeetation will be piaced along the east and west property, lines of the north half of Lot 7. -Buffers will be supplemented with additional plantings to the extent provided by Section 2.4 of the LDC to provide for a Type B buffer along the e,.ast and west propertv lines and a Type C buffer aionz the south property line of Tract "B '. which ',,,'ill also ir~clude a meandering hedge along one hundred and thirty-five (I35) feet of the north ~ half of Lot Seven (7), similar zn composition and material to the buffer provided for Tract "B" along Parnu Street. (See also Conceptual Landscape Plan for Tract "B", Exhibit E.) SIGNS ,.ks provided for within Section 2.5. Signs, of the Collier County LDC. POI.LING PLACE A polling place will be provided in accordance with Section 2.6.30 of the Collier County LDC. as may be determined to be necessary by the Collier Count,,, Supervisor of Elections. . I I2 NATIVE VEGETATION Native vegetation shall be preserved in accordance with the applicable requirements of Division 3.9 Vegetation Removal, Protection, and Preservation. of the Collier County LDC. The south thirtv q30) feet and fifteen (15) feet along the east and west propertY,, lines of the north half'of Lot Seven (7) Tract "B' shall be retained or planted in nativ~ vegetation, which represents about fifty (50) percent of the lot to be covered with native vegetation. ' .AR HIT CTURALANDSI_TE D I N T DARDS LDc.C°mmercial development of the subject property, shall comply with Division 2.8 of the PERMII-i'ED USES AND DEVELOPMENT REGULATIONS 4.1 4.2 4.3 ,PURPOSE It is the purpose of this section to outline the development regulations for the project so that the development will proceed in a manner which is consistent with the PUD Document and according to the general goals and objectives of the Collier County. Growth Management Plan. .pERMITI'ED PRINCIPAL USES AND STRUCTLq:~ES A. Tract "A": I) 5) Skilled Nursing Adult LMng Facilib' CALF) Adult Day Care Child Day Care Home Health Care Therapy Office/Clinic B. Tract "B"' I) All of the Permitted and Conditional uses in the C-I and CI/T Zoning Districts are permitted uses as of the effective date of the adoption of this Ordinance. excluding homeless shelters and soup kitchens, subject to a limitation of ten thousand-five hundred (10,500) square feet (s.f.) of Health Services (S.I.C. 8011 - 8049) uses. 2) Parking only is permitted on the north halfof Lot 7 with screening and buffering as shown on the PUD Master Plan. PERMITTED ACCESSORY USES AND STRUC'IM~s mo Accessory uses and structures customarily associated w/th uses permitted in this district including single story covered paring. B. Caretakers residence, one per tract of land. C. Three thousand (3.000) s.f. of general office on Tract : . 4.6 I). 'Fwenty-tive hundred t2.500) s.f. ofmedical use 10r geriatric care only on Tract "A". EROH'IBITED !;SES AND STRUCTURES, Any uses or structures not specifically, or bv reasonable implication, permitted herein. _DEVELOPMENT STANDARDS Ao Minimum lot area: Ten thousand (I0,000) square feet Minimum lot width: One Htmdrext (100) feet Minimum yard requirements: A. l) Unless other, vise provideck fifi~, (50) feet from all property, lines. Tract "B" shall maintain a seventy (70)'foot setback from the north property line; a three hundred (300) foot setback from the south property, line for principal structures: and a twenty-five (25) foot setback from the east and west propert2..' lines. The bank drive-through canopy and balconies or terraces extending from the principal structure and single storv covered parking shall maintain a setback of fifteen (I 5) feet from any prope~y line. Maximum height of structures: I) 2) Thirty-five (35) feet for Tract "A". Fort>' (40) feet. not to exceed three (3) stories, for Tract "B". Minimum floor area of strucnu'es: I ) 1000 square feet for each principal structure. .DEVELOPMENT INTENSITy A. The Adult Congregate Living and Skilled Nursing Facilirv on Tract "A" shall be in conformance with the requirements of Section 2.6.26 o'f the Collier County Land Development Code that permits a maximum floor area ratio of.45. Uses are limited to a maximum of thirty-five thousand (35,000) s.f. on Tract "B". of which no more than ten thousand-five hundred (10.500) s.f. of Health Service Uses {S.I.C. 801 ! - 8049) are permitted. SECTION S ,ENVIRONMENT^L STANDARDS 5.1 5.2 5.3 5.4 5.5 An exotic vegetation removal, monitoring, and maintenance (exotic-~e) plan for the site, w~th emphasis on the conservation/preservation areas, shall be submitted to Current Planning Environmental Staff for review and approval prior to final site plan/construction plan approval. If during thc course of site clearing, excavation, or other constructional activities, any archaeological or historical site, artifact, or other indicator is discovered, all development at that location shall be immediately stopped and the Current Planning Environmental Staff notified. Development will be suspended for a sufficient length of time to enable the Current Planning Environmental Staff or a designated consultant to assess the find and determine the proper course of action in regard to its salvageabili .ry. The Current Planning Environmental Staff shall respond to any such notification in a timely and efficient manner so as to provide only a minimal interruption to any constructional activities. At the time of SDP submitmJ, the scrub oak/gopher tortoise preserve area shall be field surveyed and more accurately shown on the Site Plan to reflect the actual boundary.. The xeric oak habitat along the western boundary of the parcel, as depicted on the PUD Master Plan. shall be maintained as a co--on area and fenced off prior to development activity, occurring adjacent to it. The petitioner shall maintain xeric oak habitat outside of the conceptual building footprint or infrastru~. If development prohibits preserving individual oak trees in place, the petitioner shall transplant these trees to landscape areas ,,,,Sthin the development, or to the conservation area. The petitioner shall work closely with the Community Development Division during the tree removal permitting process to determine which trees may be successfully transplanted. A habitat management plan for gopher tortoises shall be submitted to Currem Planning Environmental Staff for review and approval prior to final site development plan approval. This plan shall address maintenance of the preserve area and exotic vegetation removal, which must be done by hand in the preserve area. The PUD shall be consistent with the Environmental Sections of the Collier County Growth Management Plan. Conservation and Coastal Management Element and the Collier County Land Development Code in effect at the time of final development order approval. 9 6.1 SECTION 6 _TRAFFIC STANDARDS All access shall be by way of Pamu Street. There shall be no direct access to lmmokalee Road. ' 10 SECTION 7 ?TILITY STANDARDS 7.2 7.3 7.4 Water distribution, sewage collection and transmission and interim water and/or sewage treatment facilities to serve the project are to be designed, constructed. conveyed, owned and maintained in accordance with Collier County Ordinance No. $8-76. a_s amended, and other applicable Count;,.- rules and regulations. All customers connecting to the water distribution and sewage collection facilities to be constructed '.,,ill be customers of the County and will be billed by the County. in accordance with the County's established rates. Should the County not be in a position to provide water and/or sewer, customers shall be customers of the interim utility established to serve the project until the County's off-site water and/or sewer facilities are available to serve the project. Appropriate easements for any project internal water improvements shall be documented on the consm.~cfion plans and shall be dedicated to the Collier Count,,' Water-Sewer District. ' Construction drawings, technical specifications and all pertinent design information shall be submined, in accordance with Collier County Ordinance 97-17 or amendments made thereto, and shall be approved prior to the issuance of development construction approval. i! 8.1 8.2 8.3 8.4 8.5 ENG IN~i:'RING STANDARDS Detailed paving, grading, site drainage and utility planis} shall be submitted to Development Services for review. No eonsmJction permits shall be issued unless and until approval of the proposed construction, in accordance with the submitted plans, is granted by Planning Services Department. Design and consm:ction of all improvements shah be subject to compliance with the appropriate provisions of Division 3 of the Collier Court .ty Land Development Code. Work within Collier County right-of-way shall meet the requirements of Collier County Pdght--of-Way Ordinance N~. 82-9I. ' An Excavation Permit will be required for the proposed lake(s) in accordance with Division 3.5 of the Collier Coun.ty Development Code and South Florida Water Management District regulations. The project water management requirements are governed by an existing South Florida Water Management District permit The responsibility for project approval of the water management will be delegated to Collier County. 12 EXttlBIT A LEGAL DESCRIPTION OF TRACT "A" Lots I. 2. ~ 4 and 5 of SOUTHWINDS ESTATES. accordine to the Plat thereof recorded in Plat Book 11 at Pages 16 and 17 of the Public Records of Collier ~ounty, Florida AND A tract of land located in northwest quarter of Section 26, Township 48 South, Range 25 Fast, Collier County, Florida, being described as follows: Commencing at the north quarter comer of Section 26, Township 48 South. Range 25 East, Collier County.. Florida. the same being a point on the northerly right-of-way line of Immokalee Road. (S.R. 846'}. a 150.00 foot fight, of-way; thence nm South 00°36'49" East along the east line of the northwest ',4 of the said Section 26 for a distance of 149.98 feet to a point on the southerly right, of-way line of lmmokalee Road (S.R. 846); thence run South 89055'29.' West along the southerly fight-of-v;ay line of Immokalee Road (S.R. 846) for a distance of 207.05 feet to an intersection with the westerly fight-of-way line of Parnu Street. a 60.00 foot right-of-way and the POFNT OF BEGIN,'NING of the parcel of land herein described; thence South 00005'49'' East along the westerly fight-of-way line of Pamu Street for a distance of 159.88 feet to a point of curvature; thence 40.20 feet along the are of a curve concave to the west, having a radius of 450.00 feet. a central angle of 5°07'07' and a chord of 40.19 feet. bearing South 02"28'04" West to the northeast comer of Lot 5 of Southwinds Estates according to the plat thereof recorded in Plat Book 11 at Pages 16 and 17 &the Public Records of Collier County, Florida; thence South 89°55'35" West along the north line of Lots 1, 2, 3, 4 and 5 of Southwinds Estates for a distance of 1115.00 feet to the northwest comer of the said Lot 1; thence run North 00°32'41" West along the northerly prolongation of the westerly line of said Lot I for a distance of 200.01 feet to the southerly fight-of-way line of said Immokalee Road (S.R. 846); thence along said fight-of-way line North 89°55'29" East for a distance of 1118.36 feet to the POINT OF BEGINNING. The above describes an area of approximately 10.57 acres of land. Subject to easements, restrictions and reservations of record. LEGAL DESCRIPTION OF TRACT "B" Tract "B": A parcel of land located in the Northeast ¼ of the Northwest ¼ of Section 26, Township 48 South. Range 25 East. Collier County, Florida, being more particularly described as follows: COMMENCE at the Northeast comer of the Northwest V, of Section "6. 'Township 48 South. Range 25 East. Collier County, Florida. the same being a point of the Northerly right-of-way line of Immokalee Road. S.R. S-g46, a I00 foot right-of-way: Thence run S00°36'49"E alon'~ the East line of the Northwest :/, of the said Section 26 for a distance of 100.00 feet to a point o~ the Southerly right-of-way line of lmmokalee Road and the point of beginning of the parcel of land herein described, thence continue S00°36'49"E alonr, the East line of the Northwest ',', of the said Section "6 for a distance of 250.01 feet to the Northeast comer of Lot o. Southv,-inds Estates according to the plat thereof recorded in Plat book 11 at Paves 16 and 17 of the Public Records of Collier Counv,.,, Florida: thence nm S$~56'15"W, along ~e North line of the said Lot 6 for a distance of 150.49 feet to the Northwest comer of said Lot 6 and a point on the Easterly right-of- way line of Parnu Street, a 60,00 foot right-of-way, the same being a point on a circular curve concave to the West, whose radius point bears N85~33'05"W, a distance of 510.00 feet therefrom; thence run Northerly along the arc of said curve to the left, the same being the Easterly right-of-way line of Pamu Street. having a radius of 510.00 feet. throu~,h a central angle of 04°30'39''. subtended by a chord of 40.14 feet at a bearing of N02°I l'35"E~'for a distance of 40.15 feet to the end of said curve: thence nm N00°03'45"W, along the Easterly right-of-way line of Parnu Street for a distance of 209.89 feet to a point on the Southerly right-of-way tine c~f Immokaiee Rd: thence nan Nflg"56'IS"E along the Southerly right-of-way line of Immokalee Road for a distance of 146.51 feet to the point of beginning. LESS AND EXCEPT approximately the North 50 feet thereof ~'hich was conveyed to Collier Count.,.' for road right-of-way by instrument recorded in OR Book 1500. pag~ 294. Public Records of Collier County, Florida subject to restrictions and reservations of record. Description from OR Book 1577, pages 564 and 565. Public Records of Collier County, Florida. Lot 6 and the north V: of Lot 7, SOUTHWINDS ESTATES, recorded in Plat Book 11. Pages 16 and 17. of the Public Records of Collier County, Florida. i I I I I It '1 ! COLLIER COUNTY FLORIDA · REQUEST FOR I.EGAI. ADVERTISING OF PUBLIC IIEARINGS To: Clerk to the Board: Plea~ place the following an a: XJCX Normal legal Advertisement [-'! Other: (Di~lay Ads'.. location, etc.) Per.n: Date: Petition No. (If none. give briefd~hpfion): Petitioner: ~'ame & Addre~,): Gulf Coati National Ban~, Name & Addres~ of any ~rmn(s) Io ~ notified by Clerk's Office: (If mo~ s~ace is n~ded, attach ~parate sheet) Hole, Mgnte$ &. As~iates, 715 Tenth Str<l Sou~h. Na~les. Ho6~ J~.102. Hearing before XXX BeC ! BZAd other Requested tlearing date __ g.___~. Based on advcrti~,ncnl appearing 13 days before hearing Ne';sspaper(s) lo be used (Complete only' if importanl,V X,'CX Naples Dail? Ncxs s Other Proposed Tcxt: (In¢lu,,le legal description & common l~alion & Size [] Legally keqmred Companion pctitionfs), ff an.',' & proposed hcanng Does Petition Fee ir,ch:~ ad: cni~iing cost0 ~es [~ No v, hat account R~'ic~vcd by: ~ (~$../~.~a,~# /] Approved by: i,.o.... ,.- ":,-5 ~ DM~ion Head Date County Manascr Lis! AllachmcnlS: IIlSTR I BUTION INSTRUCTION$ Ao For hearings before BCC or BZA: Initiating person to coml)lcle one coy and ohtain l)M~iun llead approval submillln~ to Counly M~na~cr. Nme: Ir legal documenl is involved, he sure that ~nv nece~gary legal revle~v, for same. is submitted to Cmmtv Attorney before submitting to County Manager. T~e Manager's office ~ ill di~lributz copies: [] County Manager a~end'-, file: Clerk's Office [] Requesting DMsion [] Original B. Other bearings: Initiating Division head to approxe and mbmit original lo Clerk's Office, retaining a copy for file FOR CLERK'S OFFICE USE ONLY: Dale of Public heating: . . Date Advertised: '~/~/~' PUD-e8- 10 (2) (RN) Robert Duane of Hole, Montes & Associates, Inc., representing Gulf Coast National Bank, requesting a rezone from "PUD" Planned Unit Development and "RSF- 3" Residential Single Family to "PUD" Planned Unit Development for purposes of updating the current Surrey Place PUD and expanding the area by an additional 0.46± acres for property located on the south side of Immokalee Road lying east of Veterans Park Drive and west of the west limit of the Stonebridge PUD, in Section 26, Township 48 South, Range 25 East, consisting of 12.80 acres. Map #8526N ~DINANCF~ 98- AN ORDI:;A{;CE AM.=-NDING O.~DINANCE 91-102, T {~ COLLIER COUNTY LAND DEVELOPMENT COD~, W}i!~H ~NCLUDE5 THE COMPREMEH~iVE ZONING P~UI,ATIOHS FOR T~ UNINCORPOP~TED AREA OF CDLI. IER COU~TY, ~ORIDA, RY PROPERTY FRO~ "RSF-3" A}IO "PUD" ?LACE, H~VING TME EFFECT O~ REZONIt:G (C. R. 84[ ) LYING EAST O~ VKTZ~NS DRIVE AN[, WEST O~ THE WEST LI[~iT OF THE SOUTR, F3.NGE 25 EAST, COLLIEP. COUNT'f, FLeD. fDA, COHSISTING OF 12.80 ACRES; -=ai property; COLLI ~ COUNTY, FLORIDA; Flor~c]a, i~ c~n~ f rcm "~,~' SECTION TWO: -1- 07/14/95 11:46 COLLIER CO I II I I ~ O01/OO2 COLL[:R COL. TY GOVEP Ni . NT COMMUNITY DEVELOPMENT A>,'D ENVIRONMENTAL SERVI ;ES DIVISION 2800 NORTH HORSESHOE DRIVE NAPLES. FI,ORIDA 34104 941) 643-3266 or (941) 643-6968 TO DATE: FAX NUMBER: CITY, STATE FRO~ NAME: DEPARTMENT: TELEPHONE: TOTAL PAG~-$ INCr.[DING COVER SH~ET~.. ~ SPECIAL INSTRUCT3 ON: Building Review & Perm~mng Code Enforcement Housing & Urban Improver lent :9411 403-24[)0 (941) 403-2440 ~ 941,' 403-:2330 Natural Resources Planning: Serv,ces Pollution Control (941) 732.2505 ,941) 403-2300 :941J 732-2502 .... ::,.m,=I,,J ORDI.IA.,.~. NUMREP 91-102, 7HE CgLLIER COUNTY LAND DEVEI,O~q:ENT COLE, WHICH 'HCLUDES THE COMPREHENSIVE ZONiHG 9EGULAT!ONS En~ THE ~.~ ~ NCORPOFATED AREA dE COLLIER COUNTY, FLORIDA, BY AMENDiHG /HE OFFICIAL ZONING ATLAS MAP NUMBERED 8526:: BY CHANGING THE ZONING CLASSIF!CA/iON OF THE HEREIN DESCRIBED ~EAL ~LANNED UXiT DEVELOPMENT KNOWN AS :U~-PEv PLACE, HA'Yi~;G THE EFFECT OF REZONING %.45 A.. =~,,',~ OR LESS, AND ~ENDING THE C';PPE%T SUPPKY PLACE PUD FOR PROPEPTY LOCATE5 O'.; THE SOUTH SIDE OF IM'ZOY&LEE ".P. 84~) i.YiNG EAST OF VETERANS LPiVE AND WEST OF TIlE WEST I.I~4iT OF THE ZOUTH, PA:;G~< 2% EAST, COi. LIEP qCU:;TY, PF'O'/IDi:;.G F'T.F THE REFEAL OF OFDit:A:qk ........... -6(, AS AMENDED, THE Pi. ACK ?iD; 7C:2' B'x' PPCVTDIHG AH EF LATE. ~,..~..r.t:.~, .... :.uane c. Hole, Montes & Associates, inc., ~D~es~'ir.c q:lf 'l'.as~ ~;atlcnal Bank, ~itloned the hq. ar~] c,f real property; NOW ?ur,..~m: .......... ~m :~ ~*, <;~,.~t/NED B'{ TUB,., BCA~.D- OF CC, UHTY ::GMMi:,:,Ir,'~v:~:;' ' . ... ~',F' COLLIER COU:;TY, FLOPiDA; SECTiOH The Zcnir. g Classifica, /ct, of the herein described real property located ir. ....... ':~'-" ~" ,.,.,"' Tcwr.:::.ip 4~" Z";uth, FanTe 2: E-~st, '>;i lief' r'c;r,t/, Florida, is :har.se,~ from "kZF-3" ar;C "PU~" to "?UL" p[.~:.,r..-~-j Deve!ocr:er;- 'r. aq<:cr~;.z~-r. ' ' '"' Doc 'mcr~, . . ...... ',;:':n '_:;e :' .!3 atta<:/hod ~ ~.rc.t.:: Exhibit ..... z, , ',;hLch Ls incorr:-;rated ~-r~ir. and b7 - ~ ::. hereof. The ~Ef::,:~al got:i:.-: Atlas Ha~. r,';mbere~ %526';, :::: <ie::;cr~h. nd in Ordinance :;';-k,-r 91-!62 the ':oilier C,,ur:t7 Land be'/,~ .... ,'' Cc.d(: hereby amended a.tco:dinyly. SECTION TWO: Ordinance :lumber 98-<':, as amer:ded, known as tr.,: :;urrey Place PUD, adopted on June 23, 1998 by the Board of County Ccr~mtssicners of Collier Count,/, is hereby repealed ir, its entirety. -1o SECTIOn; THREE: This Crdinance shall tecome effective upon filing with the Department of State. PASSED AHD DULY ADOPTED by the Board of County Ccr~.issioners of · f ~ i998. Collier C.~unty, Florida, t~is ~/'~ day of ,41,.-.~7,,~ , ATTEST: BOARD OF COUI,ITY COMI4ISSIOIIERS DWIGHT g. B~©CK, Clerk COLLIER COUNTY, FLORIDA Approved as to Form and Legal Sufficiency Attest as to C%alrmatl'$ Marjo~e ~4. StUdent Assistan: County At%orney -2- TtIE SURREY PLACE PLANNED UNIT DEVELOPMENT Prepared by: Hole, Montes & Associates, Inc. 715 Tenth Street South Naples. Florida 34102 Tel. (941) 262-4617 June, 1998 HMA File No. 98.35 'FABLE OF CONTENTS SECTION 1 SECTION 2 SECTION 3 SECTION 4 SECTION 5 SECTION 6 SECTION 7 SECTION 8 Statement of Compliance Project Description, Legal Description and Short Title Statement of Intent and General Development Regulations Permitted Uses and Site Development Re~lations Environmental Standards Traffic Standards Utilities Standards Engineering Standards Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Legal Description of Tract "A" and "B" Conceptual PUD Master Plan Conceptual Landscape Plan Tract "A" Landscape Buffer along the South Property. Line of Tract "B" (North Half of Lot Seven) Conceptual Landscape Plan, Tract "B", with Traffic Control and Security Detail STATEMENT OF COMPLIANCE The development of 12.80 acres of property in Section 26. Range 25 East. Township 48 South. Collier County, Florida as a Planned Unit Development to be known as the Surrey Place PUD will be in compliance with the planning goals and objectives of Collier County for the following re&sons: 1.I 1.2 1.3 1.4 1.5 The project is consistent with all applicable elements of the Collier County Growth Management Plan including Policy 5.8 of the Future Land Use Element that permits Adult Living Facilities subject to regulations contained in Section 2.6.26 of the Collier County. Land Development Code. The project incorporates natural systems into either preserve areas or as inte~al components of the water management system to enhance their natural function. The project is compatible vdth adjacent land uses through the internal arrangements of structures, the placement of land use buffers, and the proposed development standards, as required by Policy 5.4 of the Future Land Ug Element. All improvements shall be in compliance with all applicable County regulations pertaining to construction and design. All Final Development Orders for this Planned Unit Development are subject to the Collier County. Concurrency Management System, as implemented bv Division 3.15 of the Collier Coun .ty Land Development Code. ' SECTION 2 PROJECT DESCRIPTION LEGAL DESCRIPTION SHORT TITLE 2.I 2.3 PROPERTY DESCRIPTION The subject property, is located on the south side of Immokalee Road, one half mile west of Airport Road and located in Section 26, Range 25 East, Township 48 South and comprises approximately 12.80 acres of land. The subject property is divided into two tracts. Tract "A" is the location oran Adult Living Facility (ALF) on 10.57 acres. Tract "B" is planned for office uses and comprises 2.23 acres. LEGAL DESCRIPTION See attached legal description. Exhibit A for Tracts A & B. SHORT TITLE This ordinance shall be kno~n and cited as the Surrey Place Planned Unit Development Ordinance. ' SECTION 3 STATEMEN'F OF INTENT AND GENERAL DEVELOPM NT REGULATIONS 3.1 3.2 PURPOSE The project purpose is to provide for the development of an Adult Living Facility on 10.57 acres on Tract "A', located on the west side of Parnu Street. Also, permitted are office uses on Tract "B', on 2.23 acres. Both Tract "A' and "B" Master Plan, Exhibit B. are depicted on the PUD GENERAL The follov;'ing are general provisions applicable to the PUD Master Plan: Bo Co Regulations lbr development of the Surrey Place Planned Unit Development shall be in accordance with the contents of this document, the PUD - Planned Unit Development District and other applicable sections and parts of the Collier County Land Development Code (LDC) in effect at the time of building permit application. Should these regulations fail to provide specific developmental standards, then the provisions of the most similar zoning district in the Collier County LDC shall apply. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Collier County LDC in effect at the time of buildine permit application. ' ~ All conditions imposed and all graphic material presented depicting restrictions for the development of the Surrey Place Planned Unit Development shall become part of the regulations which govern the manner in which this site may be developed. . Development, permitted by the approval of this petition, will be subject to a concurrency review under the provisions of the Adequate Public Facilities Division 3.15 of the LDC at the earliest or next to occur of either final SDP approval. Final Plat approval, or building permit issuance applicable to this development. 3.3 SlTF. CI.EARING AND DRAINAGE Clearing. grading, earthwork, and site drainage work shall be performed in accordance ,,vith Division 3.2 of the Collier County LDC and the standards and commitments of this document at the time of construction plan approval. 3.4 F. ASE.VIENTS FOR I;TILITIES Easements. g'here required, shall be provided for water management areas, utilities and other purposes as may be required by Article 3 ofthe Collier County LDC. All necessary easements, dedications or other instruments shall be granted to ensure the continued operation and maintenance of all services and utilities to insure compliance with applicable regulations in effect at the time construction plans..site plans or plat approvals are requested, in accordance with Article 3 of the Collier County I.DC. 3.5 AMF. NDMENTS TO 'I liE ORDINANCE The PUD Master Plan is intended as an illustrative preliminary, development plan anti shall be understood to be tlexible so that the final design may best satisfy the project, thc neighborhood and the general local environment. Amendments to this Ordinance and Conceptual PUD Master Plan shall bc pursuant Io Section 2.7.3.5 of the Collier County LDC in effect at the time the amendment is requested. 3.6 PARKING Parking shall be provided as required by Section 2.6.26 or Division 2.3 of the Collier County LDC. whichever is applicable. A security gate for nighttime usc shall be installed on the parking lot on Tract "B" south of the southern-most access to Parnu Street. as depicted on Exhibit "E". 3.7 SIJNSE'F AND MONITORING PROVISIONS The Surrey Place PUD shall be subject to Section 2.7.3.4. Time IAmits. for .,\pprovcd PUD Master Plans and Section 2.7.3.6, Monitoring Requirements. 3.8 COMMON AREA MAINTENANCE Common area maintenance, including the maintenance of common facilities, open spaces and the water management facilities, shall be the responsibility of the owners' association, together with any applicable permits and conditions from applicable local. State. or Federal permitting agencies. 3.9 3.10 3.11 3.12 I.~ANDSCAPING REgI~IREMENT~; All landscaping requirements, buffers, walls and ben'ns shall be developed in conformance with requirements of Division 2.4 of the Collier County LDC pertaining to landscaping and buffering, however, a portion of the front yard b~ffer, along Visland Avenue for Tract "A", which includes a portion of the inte'maI drive servine cxistine development, may average 10 feet in width for a distance of approximately'165 fce~. Any plantings required to be provided in this area that may be displaced as a result of the size or configuration of the buffer area shall be provided in other portions of the buffer area. The buffer along Visland Avenue shall be installed within 90 days a.rio- zoning approval. The height of this buffer ar~ is requke, d to tx; eight (8) fe~ i~ h~ght by th~ tinm th~ Certificate of Occupancy is ~ for the building addition dc-'pict~ on th~ PUD Master Plan as Conceptual Future Building footprint A conceptual landscape plan is attached as Exhibit C to this Ordinance depicting this buffer area. A thirty, foot naturally vegetated area will remain along the south thirty (30) feet of the north half of Lot 7 Tract "B" and a fifteen (15) foot buffer of native vegetation will be placed along the east and west propo'ty lines of the north half of Lot 7. Buffers will be supplemented with additional plantings to the extent provided by Section 2.4 of the LDC to provide for a Type B buffer along the east and west property lines and a Type C buffer along the south property line of Tract "B", which will also include a meandering hedge along one hundred and thin?five (135) feet of the north ½ half of Lot Seven (7), similar in composition and material to the buffer provided for Tract "B" along Parnu Street. (See also Conceptual Landscape Plan for Tract "B", Exhibit E.) SIGNS :ks provided for within Section 2.5. Signs, of the Collier County LDC. POLLI~O PLACE A polling place will be provided in accordance with Section 2.6.30 of the Collier County LDC, as may be determined to be necessary bv the Collier Countv Supervisor o'f Elections. ' ' ' NATIVE VEGETATION Native vegetation shall be preserved in accordance with the applicable requirements of Division 3.9 Vegetation Removal, Protection, and Preservation, of the Collier County LDC. The south thirty (30) feet and fifteen (15) feet along the east and west propert'y lines of the north half of Lot Seven (7) Tract "B" shall be retained or planted in native vegetation, which represents abou! fifty (50) percent of the lot to be covered with native vegetation. 3.I3 ARCHITI~CTL'RAL AND SITE DESIGN STANDARDS Commercial development of the subject property shall comply with Division 2.8 of the LDC. SECTION 4 PERMITTED USES AND DEVELOPMENT REGULATIONS 4.1 4.2 4.3 pURpOSE mo It is thc purpose of this section to outline th~ dcvelopmeat regulations, i%t.th~ project ~ that thc dm, elopment will ~ in a manner which is consistent '"ith thc PUD Document and according to the general goals and objectives of thc Collier County Growth Management Plan. pERMITT'ED PRINCIPAL USES AND STRUCTURE.e, A. Tract" "' A. 3) ~) ~) Skilled Nursing Adult Living Facility (ALF) Adult Day Care Child Day Care Home Health Care Therapy Office/Clinic B. Tract "B": I) All of the Permi~d and Conditional uses in the C-I and CI/T Zoning Districts are permi~ uses as of thc effective date of the adoption of this Ordinance, excluding homeless shelters and soup kitchens, subject to a limitation of ten thousand-five hundred 00,500) square feet (s.f.) of Health Services (S.I.C. 80I 1 - 8049) uses. 2) Parking only is permitted on the north half of Lot 7 with screening and buffering as shown on the PUD Master Plan. pER2vflTTED ACCESSORY USES ANT) STRUCTURES Accessory. uses and structures custom. Iv associamd with uses permitted in this district including single story covered park/~ng. B. Caretakers residence, one per tract of land. C. Three thousand (3,000) s.fi ofgeneral office on Tract "A". 7 4.6 4.4 4.5 D. Twenty.five hundred (2,500) s.f. of medical use for geriatric care only on Tract "A". PROHIBITED USES AND STRUCTUR~ Ao Any uses or structures not specifically, or by reasonable implication, permitted herein. ' ' DEVELOPMENT STANDARDS ho Minimum lot area: Ten thousand (10,000) square feet Minimum lot width: One H~d (i~) feet Minimum yard requirements: Ao I) Unless otherwise provided, fifty (50) feet from all property, lines. Tract "B" shall maintain a seventy (70) foot setback from the north property line: a three hundred (300) foot setback fi'om the south property line for principal structures; and a twenty-five (25) foot setback from the east and west property lines. The bank drive-through canopy and balconies or terraces extending from the principal structure and single s-toD. covered parking shall maintain a setback of fifteen (15) feet from any property line. Maximum height of structures: 1) 2) Thirty-five (35) feet for Tract "A'. Forty (40) feet, not to exceed three (3) stories, for Tract "B". Minimum floor area ofstructurcs: 1) 1000 square feet for each principal su'ucture. DEVELOPMENT INTENSITY Bo The Adult Congregate Living and Skilled Nursing Facility on Tract "A" shall be in conformance with the requirements of Section 2.6.26 of the Collier County Land Development Code that permits a maximum floor area ratio of .45. Uses are limited to a maximum of thirty-five thousand (35,000) s.f. on Tract "B". of which no more than ten thousand-five hundred (10,500) s.f. of Health Service Uses (S.I.C. 8011 - 8049) are permitted. SECTION 5 .ENVIRONMENTAL STANDARDS 5.1 5.2 5.3 5.4 5.5 An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for the site, whh emphasis on the conservation/preservation areas, shall be submitted to Current Planning Environmental Staff for review and approval prior to final site plan/construction plan approval. clearing, excavation, or other consm~onal activities, any archaeological or historical site, artifact, or other indicator is discovered, all developmcnt at that location shall be immediately stopped and the Current Planning Environmental Staff notified. Development will be suspended for a sufficient length of time to enable the Current Planning Environmental Staff or a designated consultant to assess the find and determine the proper course of action in regard to its salvageabili .ry. The Current Planning Environmental Staff shall respond to any such notification in a timely and efficient manner so as to provide only a minimal inten'upfion to any constructional activities. At the time of SDP submittal, the scrub oak/gopher tortoise preserve area shall be field sm'eyed and more accurately shown on the Site Plan to reflect the actual boundary. The xeric oak habitat along the western boundary of the parcel, as depicted on the PUD Master Plan, shall be maintained as a conservation area and fenced off prior to development activity occta'fing adjacent to it. The petitioner shall maintain xeric oak habitat outside of the conceptual building footprint or infrastrmeture. If development prohibits preserving individual oak trees in place, the petitioner shall transplant these trees to landscape areas within the development, or to the co~ervation area. The petitioner shall work closely with the Community Development Division dta'ing the tree remove permitting process to determine which trees may be suex. essfully transplanted. A habitat management plan for gopher tortoises shall be submitmt to Current Planning Environmental Staff for review and approval prior to final site development plan approval. This plan shall address maintenance of the preserve area and exotic vegetation removal, which must be done by hand in the preserve area. The PUD shall be consistent v,-ith the Environmental Sections of the Collier County Growth Management Plan, Conservation and Coastal Management Element and the Collier County Land Development Code in effect at the time of final development order approval. 9 I II SECTION 6 TRAFFI(~ STANDARDS 6.1 All access shall be by way of Pamu Street. There shall be no direct access to Immokalee Road. ' SECTION 7 UTILITY STANDARDS 7.2 7.3 7.4 Water d~stnbution, sewage collection and transmission and interim water and/or sewage treatment facilities to serve the project are to be designed, constructed. conveyed, owned and maintained in accordance with Collier County Ordinance No. 88-76. as amended, and other applicable County roles and regulations. All customers connecting to the water distribution and sewage collection facilities to be constructed will be customers of the County and will be billed by the County in accordance with thc County's established rates. Should the County not be in a position to provide water and/or sewer, customers shall be customers of the interim utility established to serve the project until the County's off-site water and/or sewer facilities are available to serve the project. Appropriate easements for any project internal water improvements shall be documented on the construction plans and shall be dedicated to the Collier County Water-Sewer District. Construction drawings, technical specifications and all pertinent design information shall be submitted, in accordance with Collier County Ordinance 97-17 or amendments made thereto, and shall be approved prior to the issuance of development construction approval. il 8.1 8.2 8.3 8.4 8.5 ENGINEERING STANDARDS '3 Detailed paving, grading, site drainage and utility plan/~hali be submitted to Development Services for review. No construction permits shall be issued unless and until approval of the proposed construction, in accordance with the submitted plans, is granted by Planning Services Department. Design and construction of all improvements shall be subject to compliance with the appropriate provisions of Division 3 of the Collier County Land Development Code. \Vork ',vithin Collier Count),' right-of-way shall meet the requirements of Collier County Right-oi:Way Ordinance No. 82-91. An Excavation Permit will be required for the proposed lake(s) in accordance with Division 3.5 of the Collier County Development Code and South Florida Water Management District regulations. The project water management requirements are governed by an existing South Florida Water Management District permit. The responsibility for project approval of the water management will be delegated to Collier County. 12 ~XtHBIT A ..LEGAL DESCRIPTION OF TRACT "A' ko:s I. 2.: 4 and 5 of SOUTHWINDS ESTATES. according to the Plat thereof recorded in Plat Book i 1 at Pages 16 and 17 of the Public Records of Collier County, Florida AND A tract of land located in northwest quarter of Section 26, Township 48 South, Range 25 East, Collier County, Florida, being described as follows: Commencing at the north quarter comer of Section 26. Township 48 South. Range 25 East, Collier County., Florida. the same being a point on the northerly fight-of-way line of Immokalee Road. (S.R. 846), a 150.00 foot fight-of-way; thence run South 00°36'49" East along the east line of the northwest ¼ of the said Section 26 for a distance of 149.98 feet to a point on the southerly fight-of-way line of lmmokalee Road (S.R. 846); thence run South 89"55'29" West along the southerly right-of-way line of Immokalee Road (S.R. 846) for a distance of 207.05 feet to an intersection with the westerly fight-of-way line of Parnu Street, a 60.00 foot right-of-way and the POINT OF BEGI~,~ING of the parcel of land herein described; thence South 00005'49" East along the westerly fight-of-way line of Parnu Street for a distance of 159.88 feet to a point of curvature; thence 40.20 feet along the arc of a curve concave to the west, having a radius of 450.00 feet, a central angle of 5~07'07' and a chord of 40.19 feet, bearing South 02"28'04" West to the northeast comer of Lot 5 of Southwinds Estates according to the plat thereof recorded in Plat Book 11 at Pages 16 and 17 of the Public Records of Collier County., Florida; thence South 89°55'35'' West along the north line of Lots 1, 2, 3, 4 and 5 of Southwinds Estates for a distance of 1115.00 feet to the northwest comer of the .said Lot 1; thence nm North 00°32'41" West along the northerly prolongation of the westerly line of said Lot I for a distance of 200.01 feet to the southerly fight, of-way line of said Immokalee Road (S.R. 846); thence along said right-of-way line North 89"55'29" East for a distance ofl 118.36 feet to the POINT OF BEGINNING. The above describes an area of approximately 10.57 acres of land. Subject to easements, restrictions and reservations of record. LEGAL DESCRIPTION OF TRACT "B' Tract "B": A parcel of land located in the Northeast ¼ of the Northwest ¼ of Section 26, Township 48 South. Range 25 East, Collier County, Florida, being more particularly described as follows: COMMENCE at the Northeast comer of the Northwest V, of Section 26. Township 4g South, Range 25 East. Collier County, Florida. the same being a point of the Northerly right-of-way line Of Ea~nokalee Road. S,R. S-846, a 100 foot right-of-way; Thence nm S00°56',~9'E along the line of the Northwest ¼ of the said Section 26 for a distance of 100.00 feet to a point on the Southerly right-of-way line of Immokalee Road and the point of beginning of the parcel of land herein described, thence continue S00°36'49'E alone the East line of the Northwest '/, of the said Section 26 for a distance of 250.01 feet to the Northeast comer of Lot 6. Southwinds Estates according to the plat thereof recorded in Plat book I I at Pages 16 and 17 of the Public Records of Collier County. Florida: thence nm S89°56'15'W. along the North line of the said Lot 6 for a distance of I50.49 feet to the Northwest comer of said Lot 6 and a point on the Easterly right-of- way line of Parnu Street, a 60.00 foot right-of-way, the same being a point on a circular curve concave to the West, whose radius point bears N85~33'05"W, a distance of 510.00 feet therefrom; thence run Northerly along the are of said curve to the left, the same being the Easterly right-of-way line of Pamu Street. having a radius of SIO.00 feet. through a central angle of 04°30'39'', subtended by a chord of 40.14 feet at a bearing ofN02°l l'35"E~'for a distance of · ~0.15 feet to the end of said curve; thence run N00°03'45"W. alon~ the Easterly right-of-way line of Parnu Street for a distance of 209.g9 feet to a point on the SoUtherly riuht-ot:wav line o£ Immokalee Rd; thence run Ngg"$6'lS"E along the Southerly right-of-way Ii'ne of lrn~okalee Road for a distance of 1,16.51 feet to the point ofbegirming. LESS AND EXCEPT approximately the North 50 feet thereof which was conveyed to Collier County for road right-of-way by instrument recorded in OR Book 1500. pa~,e 294. Public Records of Collier County, Florida ~ subject to restrictions and reservations of record. Description from OR Book t577, pages 564 and 565, Public Records of Collier County, Florida. Lot 6 and the north ½ of Lot 7, SOUTHWINDS ESTATES, recorded in Plat Book I 1. Pages 16 and 17. of the Public Records of Collier County, Florida. i ! Ii-. ! '.,j ;! t I I IIII I I ' ."' ~.S ..... :'-. ~;l' '~ t--!.~I ..:~.: ,;~" ': ' .,'.' , .... J-t ~[! ![ ,/,'.'.';.' -' : ': iii jlj ill I, A ~.,~.. . ... . ~. ,..: '~,,. -~ ..~ l I I-~ · ,,.. ~ J ~ ..... ., ', e .'-,~ , [ ~ ' ~: ;. ,,'; ~ .f~, .',. _. ., . ,~N. t · ~, .. .:, , ~- * -.. r · , j/q :l'-: ;i- . ;: ' , . I ! [t, ~ :,!' ' ii li:i 0 0 ii! ii: ¢111 Iii. -. ,-.:: ,!!i ii: :00,c_;., . I STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 98-67 Which was adopted by the Board of County Commissioners on the 4th day of August, 1998, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 6th day of August, 1998. DWIGHT E. BROCK Clerk of Courts and Clerk .......... Ex-officio to Board of County Commissioners.-' · By: Maureen Kenyon · Deputy Clerk NapLes, FL 339LG Affidavit of PubLication NapLes DaiLy Nr.~s BOARD OF COUflTY ¢Oe~HISSIOClERS ATTN: NANCY SALOGU8 PO BOX 41~016 NAPLES FL ~4101-~016 REFERENCE: 0012~0 #803277 5~72559~ tlOTICE OF PUBLIC HEA State of FLorida County of CoLLier Before the undersigned authority, personaLLy appeared B. Lei,b, ut~o on oath says that she serves as the Assistant Corporate Secretary of the NapLes DaiLy Nays, a daily newspaper published at NapLes, in CoLLier County, FLorida: that the attached co~y of advertising was published in said ne~vspoper on dates ttstedo Affiant further says that the said NapLes DaiLy Heys is · neuspaper published at NapLes, in said eof. Liar County, FLorida, and that the said newspaper has heretofore been cmttnuousLy published in said CoLLier County, FLortda, each day and has been entered as second c£as$ mail matter at the post office in NapLes, in ~atd CoLLier County, FLorida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor proetsed any parson, firm or coporatton any discount, rebate, co-mission or refund for the purpose of securing this advertisement for publication in the said newspaper. PUBLISHED ~!: 07/19 07/26 AD SPACE: ~S.CXX) HICH FILED 0~: 07/27/98 Signature of Affiant · · / Suorn to and Subscribed before me this/~? ./ .;.:di:h A. FLiffi~%n 17C mq 0110 ' NOTICE Of: PU~L.IC I-IIEARING ~ I~ bare,TV given Cou~y., wt# ~ a ~ ~ ~ TU~AY, ~T ~ I~, ~ ~ ~,.~1 E~t Tom~- ~, P~ ~ ~ E~- the ~etlfl~er, Dover ~~a~ ~c ..... ~ ~ ~ : All persons mlnlstr~ PRIO~ to r~z~ by ~ C~r- ~ ~ ~ ]0 min. Persons wishing to a ~ M 3 w~s ~ ~ ~ r~ve ~ ~1~ In any ~ ~ o mln~ ~ ~M ~ ~ to ~e ~ ~d ~11 ~ 0 re- cto M ~ ~1~ ~ ~ r~d ~- BOARD OF COUNTY COLLIER COUNTY, FL~OA BARBARA B. BERRY ~HT E. 8,OCK, I ~ OF PAGES (including this cover) !!i111111111111111111111111111111111111111111111111111111111111 TO: LOCATION: HAFLES DAIA'[ FAX NO.: 263-4864 i11111111111111111111111111111111111111111'1i!11111111111111111 FROM: _______ £LLIE HOFF~t~N- MINVr£S &RECORDS LOCATION: Collier County Courthouse FAX NO: (813} 774-8408 PHONE'NO: (813) 774-8406 IE)68C~16l Dat~~ent:~ .J July 13, 1998 ~4s. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 33940 Re: Notice of Public Hearing to consider Petition AV-97-027 Dear Judi: Please advertise the above referenced notice one time on Sunday, July 19, 1998, and again on Sunday, July 26, 1998. Kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Ellie Hof fman, Deputy Clerk Purchase Order No. 803277 17C NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County, will hold a public hearing on TUESDAY, AUGUST 4, 1998, in the Boardroom, 3rd Floor, A~ministration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The Board will consider ?eti~ion AV-97-027, Gary Butler, P.E. of ~utier Engineering, inc., as agent for the petitioner, Dover Place, Inc., requesting the vacation of two drainage easements and a County utility easement in "Dover Parc' according to the plat thereof recorded in Plat Book 22, Page 61, Public Records of Collier County, Florida. NOTE: Ail persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of ar] organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted i0 minutes to speak on an item. Persons wisking to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF CO~TY CO~4ISSIONERS COLLIER CO~4TY, FLORIDA BARBAP~ B. BERRY, DWIGHT E. BROCK, CLERK By: /s/Ellie Hoffman, Deputy Clerk (SEAL) July 13, 1998 Hr. Gary E. Butler, P.E. 2223 Trade Center Way Naples, FL 34109 Re: Notice of Public Hearing to consider Petition AV-97-027 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, AuGust 4, 1998, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, July 19 1998 and again on Sunday, July 26, 1998. ' ' ' You are invited to attend this public hearinG. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the followin~ :ts a: ~ Normal legal Advertisement "' ~Display Adv.. location, etc.) -i "' [] Other: Ongmaung Dcpt/Div: CommDev. ServJPlanmng Person: Rick Gngg Date: 6-30-98 Petition No. (If none. gr,'e briefdescnpUon): AV 974)27 ' ~ ~o..o_$._,:..~ <., e ..' r ':',. Petitioner: {Name & Address}: Dover Place Inc. P.O. Box 872:5 Naples. Honda 33941 Name & Address of any personCs) to be notified by Clerk's Office: (If more space is needed, attach separate sheel) There are no abutUng owners ~ithin 250'. ' tteanng before ~ BCC BZA Other Requested Hearing date: ~1998 Based on adx'cmsement appeanng 15 ~ys ~forc h~ng. N~-~s) to ~ ,~: (Compile oMy ~ Napl~ Daily N~s ~er ~ ~ly R~mr~ Pro~ 1¢~: (lml~ le~ d~npaon & ~n I~Uon & ~: P~ON AV 97~27 TO VACATE ~VO D~AGE EASEM~S ~D A CO~ ~L~ ~SEM~ IN "DO~R P~C" ACCO~G TO ~ P~T ~E~OF ~CO~ED ~ P~T BOOK 22. PAGE 61. PUBLIC ~CO~S OF COLLIER CO~. FLO~DA.. Compmon ~fion(s). if any & pro~ hmng ~te: D~ Peri,on F~ imlude advertising ~st? ~ y~ ~ No ICY~. s~t a~unl should ~ c~g~ for adve~lslng ~s: 101-163610ff~491~ Division Head Lis~ AttacttmenLs: 1) Resolution Date Legal Description Approved by.: County Manager Date PlS'I'RIB~ON INSTRUCTIONS A. For hearing~ before Bce or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be rare that any necessary legal review, or request for same, l$ submitted to County Attorney before submittinl~ to County Manager. The Manager's office will distribute copies: XXX County Manager agenda file: XXX Requeatlng Division XXX Original to Clerk's Office B. Other hearings: Initiating Divi~on head to approve and subnfit original to Clerk's Offce. retaining a copy for file. FOR CLERK'S OFFICE USE ~NLY: RF~;OI. UTION NO. 98. RESOLLTTION FOR PETITION AV 07-027 PETITION TO VACATE T3,VO DRAINAGE EASEMENTS AND A COU,~TY UTILITY EASEMENT IN "DOVER PARC" ACCORDING TO TIlE PI. AT TIIEREOF RECORDED IN PI.AT B(~')K 22. PAGE ~1. PI~BLiC RECORD.'q ¢)F COLLIER COL'NTY. FLORIDA WIIEREAS. pursuant lo ~ct~on 177 101. Florida Statutes. GAO.' Butler. P.E. of Butler Englnernn.g. Inc. as a[!ent for the petttmner. Dover Place. Inc.. does hereb., request the %acatton ol t~%o drainage easements and a count.,,, utility easement in "Do%.er Parc:'. and WIIEREAS. the Board has this da',' held a public heanng to consider vacatmt, ~aid easements as more tu[I.~ described below., and not,ce ,~1 sam public heanng IO sacate v,a~ g:ven ~ reqmred by la'.,,; and WI{EREAS. the granting of the ~acauon will m~ adversely affect the ovmership or right of convement access of other properly owners. NOW. ftIEREFORE. BE I1 RESOLVED BY THE BO,LRD Of COUNI'Y COMMISSIONERS OF COLLIER COl. ,~TY. FLORIDA. thai the follou, ane be and is hereh~ ~ acated: ~ . Net' I:xhlhl! ".~." attached hereto and Imz,m'~)raled herein BE IT FURTIIER RESOLVED. that the Cl~k Is h~ d~r~t~ Io r~ord a cenlli~ copy of Ibis Rc~lutmn m the Public Record~ of Colh~ L'~'. FI~ ~d to m~e pro~r noution of ~ va~tm~ on ~e rccoMed Dial ~ rcl~cmcd a~ve. [h~s re~lutmn adopted at~ morton. ~co~ ~d maionty vote t~vonng ~me DATED AFIEST Dg,'IGII r E BROCK. t'lcrk I{¢ )ARD ¢)~" ('OL,'NTY COMMISSIONERS c OI.LIER ('OIrNTY. FLORIDA 17C Appro;'ed as to lonn and letzal sufficiency lly: Barbara B, Berry. Cl~rm~ flmdi t-. Ashton Assistant County Attorney Antonio Trigo, PIS President A. TRIGO ~ ASSOCIATES, INC. Professional Land Surveyors 2223 Trade Center Way Naples. Florida 33942 LEGAL DESCRIPTION (941) 594-8448 FAX ~941) 594-0554 thence run N89*51'38'W a distance of thence run Noeoos,22-E a distance of thence run N89*51'38"W a distance of thence run N22*O4'll"E a distance of thence run S89'51'38'E a distance of thence run N45*O8'22'E a distance of thence run NOOoOS,22-E a distance of thence run N35.55,49~W a distance of thence run N72*OO'OO"W a distance of thence run N18'OO'OO'E a distance of thence run 872*00'00-~ a distance of thence run S35'55'49'E a distance of thence run 800*O8'22'N thence run S89'51'38'E O~ BEGINNING. Description of a portion of a 15 foot wide Collier County Utility Easement and being a part of Tract "B" and Tract of DOVER PARC, as recorded in Plat Book 22, pages 61 and 62 of the Public Records of Collier County, Florida and being more particularly described by metes and bounds as follows, Commencing at the southeast corner of Tract 'C' as shown on said plat of DOVER PARC; thence run S00'O8'22'W along the easterly boundary of Tract 'B' a distance of 6.48 feet to the POINT OF BEGINNING; thence continue SOO*O8'22-W a distance of 15.00 feet; thence run N89*51'38'W a distance of 140.34 feet; thence run S00'08'22'W a d/stance of 308.07 feet; thence run 845'08'22'W a distance of 47.69 feet; thence run N89*51'38"H a distance of 22.06 feet; thence run S00'08'22'W a distance of 16.94 feet; 15.00 feet; 16.94 feet~ 49.23 feet; 16.17 feet; 74.03 feet; 35.26 feet; 542.18 ~eet; 14.52 feet; 132.23 feet; 15.OO feet; 137.12 feet; 24,28 feet; a distance of 230.20 feet a distance of 140.34 feet to the POINT See page 2 of 2 for Sketch of Description SKETCH OF DESCRIPTION N.JS'55'49'W. 14.52' Tract Line S. 89'51 '38'£. 140.34° N.89'51 '38'W. 140.34' 35.26' ~ S. 89'51 N.22'04'11'£. ~458.~E3' > S. 45'08'22'W. 16.17' '"---/'" ~ 47.69' / ~ N.89'51'J~'W. N.89'51'...~.'W /~ 22.06- ' 49.23 ' / I S.00'08'22'W N.00'08'22'£. I, . 16.g4' ' 16.94' N.8g'5138 W. NOT A SUR1/EY ~5.00' P.O.C. Southeast corner Tract "CT, DOVER PARC /~'P.B. 22, Pgs 61-62 S.00'08'22'W. " 6.48' P.O.B. S.00'08'22'W. 15.00' o~I~~GO & ASSOCIATES, INC. ~ ~ & ~ DATE: October 8, 1997 ..Z~._ l'RJJ)J ~ 11'&¥ D~ ~: AT ~ N.T.S. N~ ~A ~l~ SH~ 2 OF 2 R~ NO. 96 ~5g.01 Antonio Trigo, PLS President A. TRIG(3 & ASSOCIATES, INC. Professional L~nd Surveyors 2223 Trade Center Way Naples. Florida 33942 (941) 594-8448 FAX (941) 594-0554 LEGAL DESCRIPTION Description of a portion of a 15 foot wide Collier County Drainage Easement and being a part of Tract "B" o~ DOVER PARC, as recorded in Plat Book 22, pages 61 and 62 of the Public Records o~ Collier County, Florida and being lore particularly described by metes and bounds as followss Commencing at the northeast corner of Tract 'B' as shown on said plat o~ DOVER PARC~ thence run S00'O8'22'W along the easterly boundary of Tract 'B' a distance of 80.44 feet to the POINT OF BEGINNING~ thence continue SOO'08'22'W a distance of 19.27 feet; thence run NSe'58'32'W a distance of 106.86 feet; thence run WEST a distance of 146.64 feet~ thence run NORTH a distance of 15.ee feet~ thence run EAST a distance of 151.42 feet~ thence run S5OO58'32-E a distance of 100.08 ~eet to the POINT O~ BEGINNING. Prepared by No. LS 2982 See page 2 o~ 2 for Sketch o~ Description SKETCH OF DESCRIPTION TRACT "C" Tract Line P.O.C. Northeast corner Tract "B', DOVER PARC P.B. 22. Pgs 61-62 TRACT NOT A SURYgy ASSOCIATES, INC. SHEETi::~ o~ ~ P.O.B. ~ Point of Tract 'C' c~ ~ S. O0'~W. DATE: October 20 1997 DRAWN BY: AT SCN.E: N.T.S. FILE NO. 96 0559.04a 'i Antonio Trigo, PIS President A. TRIGO 6t ASSOCIATES, INC. Profeuional Land Surveyors 2223 Trade Center Way Naples. Florida 33942 LEGAL DESCRIPTION (941) 594-8448 FAX (941) 594-0554 Description of a portion of a 15 foot wide Collier County Drainage Easement and being a part of Tract "C" of DOVER PARC, as recorded in Plat Book 22, pages 61 and 62 of the Public Records of Collier County, Florida and being more particularly described by metes and bounds as follows~ Commencing at the northeast corner of Tract "L-2" as shown on said plat of DOVER PARC; thence run S12'11'43"W along the easterly boundary of Tract "L-2" a distance of 10.66 feet to the POINT OF BEGINNING; thence run N70-Ii,51-E a distance of 129.26 feet~ thence run N88'O7'O3-E a distance of 34.15 feet~ thence run sae-ee'41-g a distance of 116.46 feet; thence run N41o18,37-E a distance of 6.42 feet to a point on the arc of a curve; thence southeasterly 15.63 feet along the arc of a curve, concave to the southwest, havlng a radius of 210.00 feet, a central angle of 04o15,55- and being subtended by a chord whlch bears S65ooo,29.E and a chord distance of 15.63 feet~ thence run S41'18'37-N a distance of 19.24 feet; thence run N8e'ee'4i-w a distance of 123.33 feet~ thence run S88oe7,03-W a distance of 38.23 feet; thence run S70'11'51-W a distance of 127.27 feet; thence run N12oii,43-g a distance of 17 69 feet to the POINT OF BEGINNING. · Prepared by Bee page 2 of 2 for Sketch of Description SKETCH OF DESCRIPTION P.O.C. Northeast corner Tract "L-2~, Bricr',vood Unit One as shown on P.B. 22, Pgs 61-62 --- BRIARWOOD BOULEVARD ~ 8AS~S S. 12'11 '43"W. 10.66' N. 12'11 '45"£. 17.69' S. 88'0 7'0 3'1~. N.41`18'37E. 6.42' S.41 '18'$7"W. 19.24' TRACT "C" Curve number 1 Radius= 210.00 Delta= 04'15'55' Arc= 15.6,3 Tangent= 7.82 Chord= 15.63 Chord 8rg. S.65'00'29'£. TRACT "L-2" Briarwood Unit One P.B. 18, Pgs 40-42 RESOLUTION NO. 98-_ ~90 RF.$OI.IFI'I¢)X F¢)R I'F/ITI'I¢)N AV 9%027 I'ETITION T() VACATI~ TW() I)RAINA(;[[ EASEMENTS AND A COUNTY UTII.[Ty EASEMENT IN "I)OVER PARC" ACCORDING TO TIIE PI.AT TIIEREOF RE(,ORDED IN PLAT BO¢)K 22. I'A(;I~ 61. I'[,q~l.lC RF.('()RI)S OF COI.I.IER COUNTY. FLORIDA. WllEREAS. the Board has this day held a pt,bile hearing to consider vacating said easements as more full.,,' dcscril~.d below, and notice of said public hearing to vacate was given as required by law: and WllEREAS. Ibc granting of the vacation ',viii not adversely afTect the ownership or right of convenient access of other property owners. NOW. 'I'IIEREFORE. BE IT RESOI. VED BY TIlE BOARD OF COlIN'FY COMMISSIONI~RS OF COI.I.IER COUNTY. FI.ORIDA, that thc following be and is hereby vacated: See Exhibit "A" a,ached hereto and JncorD~rated herein BE IT FURTilER RESOLVIiI). I/Iai the Clerk is hereby directed to record ti certified copy of this Resolution in the Public Records of Collier Counly. Florida. and lo make proper nolalion oflhese vacations on the recorded plat ~ relbrenced a~ve. This resolulion adopted after ~notion. second and majority vote thvoring san]c. DATEI): ~' . ,~ ATTEST: DWIGI tT E. I~ROCK..('lcrk BOARD OF COUNTY COMMi.',;$1()NER.,,; ('()I.LIER ('()[JNTY FI.ORIDA Approved as to/btm and A. Jog.al sufl~;ienc-.. l leidi F. Ashton Assistant Cotmtv Attorney BarbKra B. Berry. 2355963 OR: 2448 PG: 3453 ilC01DID 1~ 0tllCll[ RIC0~D$ 0f C0LLII~ C0~?I, rL HC H~ 33.00 let~: C0PH$ 7.00 Antonio Trigo, PIS President A. TRIGO & ASSOCIATES, INC. Professional Land Surveyors 2223 Trade Center Way Naples, Florida 33942 LEGAL DESCRIPTION (941) 594-8448 FAX (941) 594.0554 Description of a portion of a 15 fOOt wide Collier County Utility Easement and being a part of Tract "B~ and Tract "C" of DOVER PARC, as recorded in Plat Book 22, pages 61 and 62 of the Public Records of Collier County, Florida and being more particularly described by metes and bounds as follows: Commencing at the sOutheast corner of Tract 'C~ as shown on said plat o~ DOVER PARC; thence run $OO'O8'22"N along the easterly boundary of Tract ~B~ a distance of 6 48 feet to the POINT OF BEGINNING; · thence continue SOO'O8'22"W a d/stance of 15.O0 feet; thence run N89os1,38-W a distance of 140.34 feet; thence run SOOOO8,22-N a distance of 308.07 feet; thence run S45'O8'22'H a d/stance of 47.69 feet; thence run N89*51'38"H a dlstance of 22.06 feet; thence run S00'O8'22'W a distance of 16.94 feet; thence run N89,51,38.H a distance of 15.00 feet; thence run NOO°O8,22-E a distance of 16.94 feet; thence run N89.S1,38~W a distance of 49.23 feet; thence run N22*O4,11~E a distance of 16.17 feet; thence run S89'51'38'E a distance of 74.93 feet; thence run N45*OB,22~E a distance of 35.26 feet; thence run NOO°OB022-E a distance of 542.18 feet; thence run N35°55,49-H a distance of 14.52 feet; thence run N72'OO'OO"W a distance of 132.23 feet; thence run N18,OO,00-E a distance of 15.O0 feet; thence run S72~OO,OO-E a distance of I37.12 feet; thence run S35'55'49"E a distance of 24.28 feet; thence run SOOOO8,22..W a distance of 230.20 feet thence run S89~51,38-E a distance of 140 34 feet to the POINT OF BEGINNING. · Prepare_ b A//~ o P.L.S. LS 2982 See page 2 of 2 for Sketch of Description SKETCH OF DESCRIPTION N.$5'55'49'W. 14.52' S.89'51 '38"E. N.22'O4'l l"E. 16.17' ~/ N. 89'51 ~3~' W. 49. N.00'08'22'E. 16.94" NOT A SURVEY Tract Line / N.89'51 ', 140.34= P.O.C. Southeast corner Tract "C", DOVER PARC P.B. 22, Pgs 61-62 S. 00'08'22"W. 6.48' 'S.00'08'22"W. 15.00' N. 45'08'2~2'£. 38.26' ~ s.89'51'38-E. N 74.03' S. 45'08'22'W. 47.69' N.89'5!'38'W 22.06' ' I S.00'08'22'W 16.94' ' N.89'51 '38'W. 15.00' CENERAL NOTES: / P.O.C. ind'K:ote~ Point of Commencement P.O. EL ind'~crtea Point of Begtnnin~ NI di.tance~ are in feet and dec~mals thereof. BeaHn.~s arm o~umed and are ~ on the Exz~t line of Tract 'C' om being $.00'08'22'W. DATE : October 8, 1997 DRAWN BY: AT SCALE: N.T.S. SHEET ~ OF' ~ FILE NO. 96 0359.01 A. TRIGO & ASSOCIATES, INC. Antonio Trigo, PLS President A. TRIGO & ASSOCLATES, INC. Professional Land Surveyors 2223 Trade Center Way Naples, Florida 33942 LEGAL DESCRIPTION (941) 594-8448 FAX (94]) 594.0554 Description of a portion of a 15 foot Wide Collier County Drainage Easement and being a part of Tract "B" of DOVER PARC, as recorded in Plat Book 22, Pages 61 and 62 of the Public Records o£ Collier County, Florida and being more particularly described by metes and bounds as follows~ Commencing at the northeast corner of Tract 'B" as shown on sald plat o~ DOVER PARC; thence run S00*O8'22-W along the easterly boundary of Tract 'B' a distance of 80.44 feet to the POINT OF BEGINNING; thence continue SOO.O8,22~W a distance of 19.27 feet; thence run N50-58,32~W a distance of 106.86 feet; thence run WEST a distance of 146.64 feet; thence run NORTH a distance of 15.OO feet; thence run EAST a d/stance of 151.42 feet; thence run S50'58'32-E a distance of 100.08 feet to the POINT OF BEGINNING· Prepared by /~,_~axCert~ficat, NO. &S 2982 See page 2 of 2 for Sketch of Description SKETCH OF DESCRIPTION P,v q'7- TRACT "C" P.O.C. Norf. heast corner Tract "B", DOVER PARC P.B. 22, Pgs 61-62 Tract Line TRACT GENID~AL NOT~S: i/ P.O.C, Indlcate~ Point of Commencement P,O.B. irm~ot~ Po~t of ~1 ~o~ o~ in f~ o~ ~1~ ~r~f. NOT A SUR~ ~d~ am ~ and are ~ ~ ~e ~~~ ~ ~~ ~ ~ DA~: Octo~r 20 l gg7 ~ ~E C~ ~A~ D~ ~: AT S~: N.T.S. ~, ~A ~1~ SHE~ 2 OF 2 ~ ~ ~ ~ ~ - ~ ~ NO, ~6 0359.0~ Antonio Trico, PLS President A. TRIGO & ASSOCIATES, INC. Professional Land Surveyors 2223 Trade Center Way Naples, Florida 33942 LEGAL DESCRIPTION (941) 594,8448 FAX (941) 594.0554 Descrlptzon of a portion of a 15 foot wzde Collier County Drainage Easement and belng a part ot Tract "C" of DOVER PARC, as recorded In Plat Book 22, pages 61 and 62 of the Public Records of Collier County, Florida and belng more particularly described by metes and bounds as follows, Commencing at the northeast corner of Tract "L-2" as shown on said plat of DOVER PARC; thence run S12~11,43-W along the easterly boundary of Tract 'L-2~ a dlstance of lQ 66 feet to the POINT Of' BEGINNING; . thence run N70-11,51~E a distance of 120.26 feet; thence run N88*O';'O3"E a dlstance of 34.15 feet; thence run S80'OO'41"E a distance of 116.46 feet; thence run NdI"IS'3/"E a distance of 6.42 feet to a point on the arc of a curve; thence southeasterly 15.63 feet along the arc of a curve, concave to the southwest, having a radius of 210.OO feet, a central angle o£ O4oi5,55~ and being subtended by a chord %thxc/~ Dears S65-OO,29~E and a chord distance of 15.63 feet; thence run SdlOlS,3/..W a dlstance of 19.24 feet; thence run NBOoOO'41"W a distance of 123.33 feet; thence run $88o0;,03..W a distance of 30.23 feet; thence run S7Oo11,51-W a distance of 127.27 feet; thence run NIi"I]'dj"E a distance of l? 69 feet to the POINT OF BEGINNING. · Prepared by No. LS 2982 See page 2 o~ 2 for Sketch of Description SK,~TCH OF DESCRIPTION P.O.C. Northeast corner Trcct "L-2", Briarwood Unit One os shown on P.B. 22, Pgs 61-62 BRIARWOOD BASIS BOULEVARD S. 12'11'45"W. 10.66' N. 12'11 '45"E. 17.69' S. 88'07'03"W. N.41'l 8'37E. 6.42' S.41 '18'37"W. 19.24' TRACT ,, Cw, *** OR: 2448 PG: 3459 ** Curve number 1 Rod;us= 210.00 Delto= 04'15'55" Arc= 15.63 Tongent= 7.82 Chord= 15.65 Chord Brg. S. 65'00'29"E. TRACT "L-2" Briarwood Unit One P.B. 18, Pgs 40-42 NOT A SURVEY TRIGO & ASSOCIATES, INC. ~ TRADE ~ WAY ...... NAPLI~, r~OltZDi ~410~ / P.O.C. ;r~icote~ Point of Coat~mencement P.O.B. lndlcat~ Point of ind~c?rr~ NI dlaf. or~e~ or~ in feet Io thereof. Jl, oarfngo am oe~urned and ar~ ~ on the North llne of Tract 'C' ae l~ing S.88'07'03'W. DATE: October 20 1997 DRAWN BY: ,AT SC. ALE: N.T.S. SHEEr ..2_ OF' i FILE NO. 96 0359.04b (~Cluding this cover) i11111111111111111111111111111111111111111111111111111111111111 TO: . LOCATION: ......... FAX NO. ~ - _.____ 263-~864 CO~~.. aa: ~ · i11111111111111111111111111111111111111111'iiii1111111111111111 ELLIE HOFFHAN - HZ"UTES & RECORDs LOCATION: Collier County Courthouse F~ ~0: (813) ?74-8408 PaONE 'NO: (813) 774-8406 NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County, will hold a public hearing on TUESDAY, AUGUST 4, 199~, in the Boardroom, 3rd Floor, Administration Bu~iding, Collier County- Government Center, 3301 East Tamiami Trail Naples, Florida. meeting will begin at 9:00 A.M. ' The The Board will consider Petition AV-98-007, j. D. Nicewonder, ~equesting that the Board disclaim, renounce and vacate the public's interest in the remaining portion of a 60' wide and 30' wide road right of way, utility and drainage easement located in Section 25, Township 48 South, Range 25 East, Collier County, Florida. ~OTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of ~n organization or group is encoura ed. . spokesperson for a group or o g' .If ~ognlz~? by the Chairman. a speak on an item. rganlzatlon m~y be allotted 10 minutes'to Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written ma[eria!~ intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record.of the proceedings is made, includes the testimony and evidence upon which the appeal which record is based. BOARD OF COU~;TY CO~4ISSIONERS COLLIER COUNTY, FLORIDA BARBARA B. BERRY, CHAI~4A~ DWIGHT E. BROCK, CLERK By: /s/Ellie Hoffman, Deputy Clerk (SEAL) July 13, 1998 Mr. j. D. Nicewonder 148-B Bristol East Road Bristol, Virginia 24201 Re: Notice of Public Hearing to consider Petition AV-98-007 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, August 4, 1998, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, July 19, 1998. You are invited to attend this public hearing. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure Dwight E. Brock Clerk County of Collier CLERK OF THE CIRCUIT COURT cou~ couart cot,,~.~:x~ 3301 TAIVllAMI l~AIt EAST PO. 80x 4 ! 3~ N~& FL~ CIRCUll COUR~ COUNTY COUR? COUNTY RECORDER CLERK BOARD OF COUNTY COMMISSIONERS July 13, 1998 Re: Notice of Public Hearing to Consider Petition AV-98-007 Dear Property ~ner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, August 4, 1998, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, July 19, 1998. You are invited to attend this public hearing. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure COLLIER CO UNTY FLORIDA ~ REQUEST FOR LEGAL ADVERTISING OF PUBLIC IIEARINGS To: Clerk to thc Board: Plca~ place the follo~sing as a: XXX Normal Ic~l Advertisement (Display Ads'.. location, cie.) [-] Olhcr. Originating Dcpl/Dis. C'ommD~'.Scn'./Planning Person: Rick Grigg Dale: 6-25-9g Requested Hc;mng date: Nc~spapcr~s~ Io be used: XXX N;~plcs Daih. N'C~s Proposed Text; DISCLAIM. Pctilion No. Hfnonc. gisc bricl'dc~criplion): AV 98asl7 Petitioner: (Name& Address}: JD. NJcmsondcr. 14g. B Bristol East Road. Bristol. Virginia ~ t,/5,,, d ,/ Name & Address of an.,. pcrsom's) to be notified tn' Clerk's Office: (If more space is needed, attach scparn~c shccl) Sec lis~ ofabutling propcrb o',snots ' ltcanng before XXX BC'C BZA Olhcr August 4. 1998 Based on advcniscmcnt appearing'15 d'v~'s before hear ng. <Complete only if important): Olhcr description & common XXX Legally Rcquircd ¢lncludc legal location & Size: PETITION AV 98-()07 TO RENOUNCE AND VACATE TIlE PUBLIC'S INTEREST IN TIlE REMAINING PORTION OF A 60' WIDE AND 30' W/DE ROAD RIGHT OF WAY. ~ILI~' AND DRAINAGE EASEMENT LOCATED IN SECTION 25. TOWNSHIP 48 SOUTIL RANGE 25 EAST. COLI,IER COUNt'. FLORIDA. Com~nion ~fi~ion~s). if any & proud hearing D~ Petition Fee include a&cnising cosl7 ~ advert/sing costs: 101-16~6104491~ ~ Yes ~ No if Yes. ~l~at account should ~ charged for .~'-, Approvcd by: _ .':,) - Division ttea~ Dale Counl)' Manager Li~ AIl;~chmcnls: l I Lisl of AbUlling Pro. n? ~ncrs PiSTRIBUTION INSTRUCTiON.C, A. For hcarin2.~ before BCC or BZA: Initiating person to complete one cup.~ and obtain Division ilcad approval bc~,o..re submitting to Counts. Manager. Note: It legal document is imolved, be sure thal necessa~- Ic~,:d revlm~, or request fi~- same, is submitted ~o County Attorney before submitting to ;m) County Manager. Thc 31anager's office '~Jll distribute copies: XXX County .Manager agenda file: XXX Requesting Division XXX Original to C'lcrk's Office B. Other hearings: Initiating Division head to apprme and subnfit original to Clerk's Office. retaining a cop) for file. FOR CLERK'S OFFICE,USE ONLY: ...... DatcRecei,.ed:_~.~_~//.9'~C" Oa'cofPublichcaring:_~ff_______ DatcAd,'cnised:~~.'~/~ Attachment F List of abuning and other property, owners within 250 feet of the proposed vacation. Tract B. Four Seasons Man, in Meit 6300 Tamiarni Trail N. Naples. FL 34108 {33430120006) Lot 1. Four Seasons Andrew Saluan 7300 Glenmoor Ln Apt. 304 Naples. FL 34104 ~3343016000g~ Lot 2. Four Seasons Frank 8: Mar>. De Nardis 108 Viking Way Naples. FL 34110 t33430200007) Lot 3, Four Seasons George & Luch Rotunda 10757 Winterview Dr. Naples. FL 34109 (33430240009) Parcel 2. I & 23 W'alman Store, Inc. 6374 702 S.W. 8~, St. Bentonville, AK 72716 66440407) 65664O004) wt~.O l. l O S K$ DOC I1 12 13 14 15 16 17 18 19 20 RESOLUTION NO. RESOLUTION FOR PETITION AV 98-007 TO DISCLAIM, RENOUNCE AND VACATE THE PUBLIC'S INTEREST IN THE REMAINING PORTION OF A 60' WIDE AND 30' WIDE ROAD RIGHT OF WAY, UTII.ITY AND DRAINAGE EASEMENT LOCATED IN SECTION 25, TOWNSHIP 48 SOUTH, RANGE ~ EAST, COLLIER COUNTY, FLORIDA. ~AS, pummat to Section 336.09 m~l 336.10, Florid~ S~attr~_~, Frederick T. Barber III, P.E. of Agnoli, Barber and Brundage, Inc., as agent for the petitioner, I.D. Ni~, dce~ hereby request the vacation of the remaining portion of a 60' wide ~ 30' ~ Road Right ffWay, Utility and Drainage Easement located in Section 25, Townskip 48 South, Range 25 Ea~ Collier ~tnty, Florida; WHEREAS, the Board ~ ~ day l~dd a lmblic ~ to com;ider vacating .~aid Road Right of Way, Utility and Drainage Easement as more fully de,:ri'bed below, and notice of mid public hearing to vacate was given as required by ia~ and WHEREAS, the granting of the vacation will not adversely afl'ecl the ownership or right of convenient access of other propers, owner~. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMI~SSIONERS OF COLLIER COUNTY, FLORIDA. that the folkm4ng Ro~d Right of Way, Utility and Drainage Easement is hereby vacated: 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 See Exhibit "A" attached hereto ~md incorporated herein. BE IT FURTHER RESOLVED, that tl~ Clerk to tl~ Beard i.~ hereby directed to advertise the adoption of this Re.~lution once in a paper of general drculafion in the Com~ within 30 days following ils adoption. BE IT FURTHER RESOLVED, thal the Clerk to tl~ Board i~ herdyy directed w record a certified copy of this Resolution, the proof of publication of the notice of lmblJc hearing and the proof of publication of the notice of adoption oft/tis Resolution in the Public Records of Collier County, Florida. This Resolution adopted after motion, s~ond and majority vote £avoring same. DATED: ATTEST: DV~IGI-FF E. BROCK, Clerk BOARD OF COUNTY COM/vl]SSIONERS COLLIER COUNTY, FLORIDA Approved as to form and legal sufficiency: He/'~-F. ,~,.sht~ n A..~i.~ant County Attorney BY: BARBARA B. BERRY, Chairman (~ncluding ~is cover) !i1111111111111111111111111111111111111111111111111111111111111 ~ NO. t 263-4864 ili1111111111111111111111111111111111111111'iii11111111111111111 FROH~ ~ ~ ' ELLIE BOFDIAN- HIHLITEs & R.E~ LOCATIOX: Collier County Courthouse , ~A,X~6= (8~3) 77~-8~08 "'- ~o~e'~o: (8t3) 774-8406 ~cil I ~eOSOO~e~E i0 / Date August 6, 1998 Ms. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 33940 Re: Notice of Adoption of Resolution 98-291 for Petition AV-98-007 Dear Judi: Please advertise the above referenced notice one time on Wednesday, August 12, 1998, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Ellie Hoffman, Deputy Clerk Purchase Order No. 800835 i?D NOTICE OF ADOPTION Notice is hereby given that on the 4th day of August, 1998. the B,~:d of County Commissioners of Collier County, Florida, adopted ResoluLion 98-291, re Petition AV-98-007, pursuant to Sections 336.09 and 336.10 Florida Statutes, Frederick T. Barber III, P.E. of Agnoli, Barber and Brundage, Inc., as agent for the petitioner, J.D. Nicewonder, requesting the vacation of the remaining portion of a 60' wide and 30' wide road right of way, utility and drainage easement located in Section 25, To',~ship 48 South, Range 25 East, Collier County, Florida. Resolution 98-291 may be viewed in the Office of the Clerk to the Board, Minutes & Records Department, 4th Floor, Administration Building, Collier County Government Center 3301 East Tamiami Trail, Naples, Florida. ' BOARD OF COUNTY CO~4MISSIONERS COLLIER COUNTY, FLORIDA BARBARA B. BERRY, CHAIP34A2,; DWIGHT E. BROCK, CLERK By: /s/Ellie Hoffman, Deputy Clerk (SEAL) tlapLes DaiLy NapLes, FL 339~0 Affidavit of PubLtcatten NapLes DaiLy Neva BOARD OF COUNTY COq~ISS~Ot~ERS ATTN: ~1C¥ SALOGU~ PO BOX ~13016 NAPLES FL 3~.101-3016 REFERENCE: 001230 #800835 577226~8 tIOTICE OF PUBLIC HEA State of FLorida County of CoLLier Before the undersigned authority, personaLLy appeared B. Lamb, sd~o on oath says that she serves as the Assistant Corporate Secretary of the NapLes DaiLy Ne~s, a daily newspaper pubLished at NapLes, in CoLLier County, FLorida: that the attached copy of advertising vas published in said nevspaper on dates Listed. Affiant further says that the said IlapLes DaiLy Ne~s is a nevspaper published at fiaptes, in said CoLLier County, FLorida, and that the said nevspaper has heretofore been continuously published Jn said CoLLier County, FLorida, each day and has been antered as second class matt matter at the post office in t~aptes, Jn said CoLLier Cot~ty, FLorida, for a period of 1 year next preceding the first publication of the attached cop./ of advertisement; and affiant further says that she has neither paid nor promised arty person, fire or coporatton any discount, rebate, commtssic~ or refund for the purpose of securing this advertisement for pubLicattc~ in the said newspaper. PUBLZSHED Oil: 07/19 AD SPACE: 87.000 o_~.min~ ~ of 3 weeks icome ~e Bootes w~l er. J : ~Ek~r~ ~_wlff need a re- ' "-"'~lnlng ~- ..... ,va I en~- eA~m°Y need ~ I r~ ~- a V~m J~. ~OUNTY i ' F/LED 0~: 07/20/98 Signature of Affiant PersonaLly kno~m by me Sworn to and Subscribed before ma this 171}- RESOI.UTION NO. 98-__.~ RESOI.UTION FOR PETITION AV 9g-007 TO DISCLAIM, RENOUNCE AND 'ACA FE THE PUBLIC'S INTEREST IN THE REMAINING PORTION OF A 60' WIDI:. AND 30' WII)E ROAD RIGIIT OF WAY, UTILITY AND DRAINAGE EASEMENT LOCATED IN SECTION 25, TO%%'SHIP ,18 SOUTtt. RANGE 25 EAST, COLLIER COUNTY. FLORIDA. WIIEREAS, pursuant to Section 336.09 and 336.10, Florida Statutes, Frederick T. Barber Ill. I'll. of Agnoli. Barber and Brundage. Inc. as agent for the petitioner, J.D. Nicc~vonder. docs hcrcbv rcqucs! the vacation of the remaining portion of a 60' wide and 30' ~,'id¢ Road Right of Way. Utility and Drainage 'Easement located in Section 25. To~nship 48 South. Range 25 F~s't. Collier County. Florida: and WttEREAS. thc Board has this da.,,, held a public hearing to consider ~'acating said Road Right oF Way. Utility and Drainage Eas~.-rnent as more fully described belmv, and notice of said public hearing to ',acatc ~as given as rcxluircd by la~v: and WtIEREAS. thc granting of the ~'acation ~'ill not ad~'erscly affect thc ownership or right ofconxcn~ct~t access of other property o~sncrs. NOW. TItEREFORE. BE IT RESOLVED BY TIlE BOARD OF COUNTY CO,%fMI$$1ONF. R.',; OF COLLIER COUNTY. FLORIDA. that the follm~'ing Road Ri,ght of Wa.~'. L'tility and Drainage Eascmc~t is hereby ~'acatcd; See Exhibst "A" attached hereto and incorporated herein. I~E IT FURTt IER RESOLVED, that thc Clerk to the Board is hercb.v directed to advertise thc adoption of [his Resolution once in a paper of general circulation in the Count5. within 30 days folloxving ~ts adoption. I:IE IT FURTIIER RESOLVED. that the Clerk to the Board is hereby directed to record a ccrtiticd cop.,, of th~s Resolution. the proof of publication of the notice of public hearing and thc proof of publicat the notice of adoption of this Resolution in thc Public Records of Colhcr Count.,,., Florida This Resolution adopted after motion, second and majority ~'ote favoring same. DA TED: ATT'EST: '~ DWIGHT E. BROCK. Clerk Appm~'cd as to fo~ and legal sufficiency.: He'difF. Ashton Assis~nt Countx' BOARD OF COUNTY COMMISSIONERS COr.~IER COUNTY, FLORIDA 2360890 OR: 2452 PG: 2720 ~C ?~ '3.2: RUNDAGE. ~.~'c i",,tt-~s:onq cn.~ncrrs, planncrs& land sur.'cvors OR: DESCRIPTION OF RIGHT-OF-WAY VACATION 2452 PG: 272! 1 7D---, AN AREA LYING IN THE NW 1/4 OF THE NW I/4 OF SECTION 25. TOWNSHIP 48 SOUTH, RANGE 25 EAST OF COLLIER COUNTY, FLORIDA DESCRIBED AS FOLLOWS: 663 FEET TO A P.O.B.; .82 FEET, THENCE N 89015' E FOR A DISTANCE OF THENCE N 89°I5' E FOR A DISTANCE OF 663 FEET; (THIS LINE IS AN EXTENSION OF THE 66.; ABOVE DESCRIBED), THENCE S 01030, E FOR A DISTANCE OF 60 FEET; THENCE S 89°15' W FOR A DISTANCE OF 633 FEET; THENCE S 01030. E FOR A DISTANCE OF 135.1 FEET; THENCE S 89015' W FOR A DISTANCE OF 30 FEET; THENCE N 01030' W FOR A DISTANCE OF 195.1 FEET TO THE P.O.B. AGNOLI, BARBER & BRUNDAGE, INC. REF: ABB DRAWING FILE NO. 6580 ~'P-~$.ff6g~ DES PAGE I OF 2 *** OR: 2452 PG: 2722 *** NapLes DoiLy Ne~s NapLes, FL 3]940 Affidavit of PubLication NapLes DaiLy Ne~s BOARD OF COUNTY COe~qZSSI~IERS ATT~: NANCY SALOGU~ ~0 BOX 41~6 NAPLES FL 3~1CrI-5016 REFERENCE: 001250 t800815 57733560 NOTZCE OF ADOPTIOtl N State of FLorida County of CoLLier Before the undersigned authority, personalty appeared B. Lamb, uho c~ oath ~ays that she serves as the Assistant Corporate Secretary of the Nap[es OatLy Ne~s, a daily newspaper PubLished at Nap[es, in CoLLier County, FLorida: that the attached copy of advertising vas PubLished in said nevspaper on dates Listed. Affiant further says that the said Nap[es DaiLy Nays tea nevepaper published at Nap[es, in said CoLLier county, FLorida, and that the said nevspeper has heretofore been continuously published in laid CoLLier County, FLorida, each day end has been entered as second crass mail matter et the post office in Nap[es, in said CoLLier County, FLorida, for a period of 1 year next preceding the f~rst publication of the attac~ed copy of adverttsea~ent; ae<l affiant further says that she has neither paid nor proetsod any pert~q, fire or coporstton any distort, rebate, co.mission or refund for the purpose of securing this advertisement for PubLication in the said nevspaper. PUBLZSNEO Oil: 08/12 Al) SPACE: 46.000 iNCH FXLEO Oil: 08/12/98 Signature of Affiant S.orn to .nd S scrt before, iht, /;- day of PersonaLty kno~m by ~e NOTI(~ ~ ados)ted Resolution ~-2fl. re P~ AV- ~, J~. ~ I ~, r~ ~ ~ I ~ ~.me. re~ I ~l~Js~fon BuUdlng, BOARD OF COUNTY FLORA QUITCLAIM DEED THIS QUITCLAIM DEED made this -,, :'" day of . t, .~ ,1998, by the Board of County Commissioners of Collier County, Florida, GI~ANTOR, and J.D. I',licewonder. Carolyn Nicewonder, Sherry Nicewonder, Mark D. Nicewonder and Jay D Nicewonder. Jr, their successors and assigns, GRANTEE ,~ 1,48-~ [~,-- i :5: :~ [ !~:,j .~: Road, E£i~to[, Va. 24201 WITNESSETH: That the GRANTOR, for and in consideration of Petition AV 98-007 and the sum of Ten Dollars and other valuable consideration to ~t in hand paid by the GRANTEE. receipt of which is hereby acknowledged, hereby remises, releases and quitclaims unto GRANTEE forever, all right, title, interest, claim and demand which the said GRANTOR has in that certain portion of a road right of way, utility and drainage easement interest m. of and about the following described lands being located in Collier County. Florida to-w~t (See Exhibit "A" attached hereto and ~ncorporated herein by reference) IN WITNESS WHEREOF, the GRANTOR has caused these presents to be executed ~tS name by the BOARD OF COUNTY COMMISSIONERS acting by the Chairman and Vice Chairman of sa~d Board, the day and year aforesaid DATED , . ~ ATTEST BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA At~e;i ,~,;, t.~ C. nafrman'~ BA"R,BA RA-B. DESCRIPTION OF RIGHT-OF-WAY VACATION OR' 2452 ?G: 272 AN AREA LYING IN THE NW i/4 OF THE NW 1/4 OF SECTION 25. TO'~, .~SHIP 48 SOUTtt. RANGE 25 EAST OF COLLIER COUNTY. FLORIDA DESCRIBED ,\S FOLLOWS: buvp. BEGIN' AT THE NW COICN'ER OF TIlE NW I/4 OF THE NW lla OF SAID SECTION 25. S OI°30'E FOR A DISTANCE OF 684.82 FEET. THENCE N 89°1~' E FOR A DISTANCE 663 FEET TO A P.O.B.; ' THENCE N 89~-I 5' E FOR A DISTANCE OF 663 FEET; (Tills LINE IS ..\N TI-{E 66.3 AIBOVE DESCRIBED). THENCE SOl °30' E FOR A DISTANCE OF 60 FEE'/': THENCE S 89°15' W FOR A DISTANCE OF 633 FEET; THENCE S 01030. E FOR A DISTANCE OF 1.35.1 FEET; THENCE S 89015. W FOR A DISTANCE OF .30 FEE]': THENCE N 01°30. 9/FOR A DISTANCE OF 195.1 FEET TO THE P.O.B. AGNOLI. BARBER & BRUNDAGE. INC. PLAN'NERS AND LAND SURVEYORS NO. 4390 REF: ABB DRAg/lNG FILE NO. 6580 G?.~ 'it PAGE I OF 2 2~52 PG: 272¥ I / I] efi~ Od '0l ltd r! NopLes, FL 339~ Affidavit of P~Licati~ tlap Les DaiLy BOARD OF CO~ITY C(X~|SSI~I[RS ATTN: NAHCY SALOGU~ PO BOX ~1.~O16 flAPLES FL 3&101-~O16 REFERENCE: 001230 #~032Z7 57722431 HOTZCE OF PUBLZC HEA State of FLorida County of CoLLier ~fore the ~erstgn~ aut~rity, ~r~LLy apt~are~ 8. Lamb, *~ho On oath soys t~t s~e serves am the Asstst~t Cor~rate Secretory of the NapLes 0alLy Hws, a ~t[y n~s~r ~btish~ at Nap(es, tn CoLlier C~ty, FLorida: that the attach~ C~ of gverttsi~ ~as ~b[ish~ in ~id n~s~r ~ ~tes [tstH. AffiKt further soys tha~ the said Hop[es 0ai[y N~s ts a ~s~r ~[tshH at NapCes, tn said ColLier C~ty, F[ortda, a~ ~t the said n~s~r ~s heretofore ~ ~t$~sLy K[ish~ tn laid Co~[ter (~ty, F~ort~, each ~y ~ ~s ~ ~ter~ as se~ class ~t~ ~tter at the ~st office tn ~p[es, tn said CoLLier C~ty, FLorida, for a ~rt~ of I year next prec~t~ the first ~[icatt~ of ~ attac~ c~ of ~vertis~t; ~ affiant further ~ys t~t she ~s neither ~td ~r pr~s~ ~ ~r~, fire or c~rat~ any d~s~t, re, re, c~tss~ or ref~ for the ~r~se of securt~ this ~verttse~t for ~t~cat~ ~n the satd n~s~r. PUBLISHED Off: 07/19 AD SPACE: 91.000 X,CH FLLED Off: 07/20/98 S~gnature of Affiant Sworn to ond Subscribed before ~e th~s ~ !_ day of PersonaLLy known by me , . .¥:,(_ // ~ ;'/~ ~,../; ..~ / NOT~CE Of: P~)~L lC H~AR~NG Notice Is I~reby Wve~ A~T 4, 1~ M ~ ~, ~1 ~ T~ v~ ~ ~'s ~. I~l,~~ ~ ~ ~ 21, T~ NOTE: All Persons ~ re~s. mlnlstrotor PRIO~ P~rsofls wishing to ~ ~llc ~lng. In ~v ~ ~ ~ to ~ ~OARD OF COUNTY :o~Is~S OLLI~R COUNTY L~A ' ARBARA B BERRY H~ ' ' (including this cover) !!illi!ii!ili!i!!1111111111111111111111111111111111111111111111 TO: LOCATION: HAPLES DA~L! HE~S COM~iENTS: 263-~86~ /, ii!111111111111111111111111111111111111111'!1111111111111111111 FROM: ~ELLIE HOFFHAN- MINUTES & I~COI~S ~__ LOCATION: Collier County Courthouse 0~ FAX ~10: (813) 774-8408 PHONE*NO: (813) 774-8406 July 15, i998 :4s. Judith Fianagan Naples Daily News 1075 Central Avenue Naples, Florida 33940 Re: Notice of Public }{earing to Consider Petition AV-9~-015 Dear Judi: Please advertise the above referenced notice one time on Sunday, July 19, 199~, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Ellie Hoffman, Deputy ~ ' Czern Purchase Order No. 803277 Notice is hereby given that the Board of County Co~missioners of Collier County, >:ill hold a public hearing on 'I"JESDA¥, AUGUST 4, 1998, in the Boardroor, ltd Floor A~ministration Building, Co~l'~r Government Cen-~- ~3Ci Ea-- ?amiami Trai' "-'~- '/ meeting >:ill begin at 9:00 A.M. ' The Board >;ill cons~ Pet .a_. ition AV-98-015 John Paulich represen~nc Des; ~ '' ' ' ' ~- ~ -g.. Stuclo Plaza Partnership, desiring to disclaim, renounce and vacate the public's interest in a i5' wide parcel of conveyed to Collier County as a road easement recorded in O~=' -' ' =~iCi~ Record Book 1518, Pages 9~0 and 981, and being located in Section To',,~ship 4~ South, Pange 2~ East, Collier County, Florida. NOTE: All persons wishing to speak on any agenda iter~ :nust ~ the County a~ministrator r~ to presentation of the agend,~ to be addressed, individual speakers will be TM :ted ' ~Im~ to ~ r~inute:: any item. The selection of an individual to speak on behalf of organization or group is encouraged. If recognized by the Chairma:;, spokesperson for a group or organization may be allotted ..~ min,~t,..:: -~ speak on an item. Persons wishing to have written or graphic materials included in Board agenda packets must submit said material a minimum of 3 weekr~ prior to the respective public hearing. In any case, written intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to ~-he hearinc. Ail material uzed in presentations be~ ~ ~ ~ ,o.e the Boarrl become a permanent part of the record. Any person >,'ho decides to appeal a decision of the Board will n~ed record of ~,,~ proceedings pertaining thereto and therefore, may ensure that a -;~-' --oa~im record of the proceedings is made, which includes the testimony and e';idence upon which the appeal ~ base~]. BOARD OF COUI;TY CO/C4iSSIONERS COLLIER COUNTY, FLORIDA BARBAPJ~ B. 5ERR':', CHAIP2~.i; DWIGHT E. BROCK, CLERK By: /s/E!iie Hoffman, Deputy Clerk (SEAL) July 15, 1998 Z4ro John Pauiich, III Paulich, Slack & Wolff, P.A. 801 Anchor Rode Drive Naples, FL 34103 Re: No~ice of Public Hearing to consider Petition AV-98-015 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, August 4, 1998, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, July 19, 1998. You are invited to attend this public hearing. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure July 15, 1998 Design Studio Plaza Partnership 11935 North Tamiami Trail Naples, FL 34110 Re: Notice of Public Hearing to consider Petition AV-98-015 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, August 4, 1998, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, July 19, 1998. You are invited to attend this public hearing. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure Dwight E. Brock Clerk County of Collier CLERK OF THE CIRCUIT COURT COU.~l~ COUN/Y I:~O. BOX 41~ N~S. FL~ ~I01~ CIRCUIT COURT COUNTY COURt COUNTY RECORDE~ CLEI~K BOAI~D OF COUNTY COMMISSIONEI~S July 15, 1998 Re: Notice of Public Hearing to Consider Petition AV-98-015 Dear Property ~,zner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, August 4, 1998, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, July 19, 1998. You are invited ~o attend this public hearing. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to thc Board: Please place thc following as a: .'CX.'X Normal legal Advertisement [] Other: {Display Adv.. location, etc.} Originating Dcpt/Div: Comm. Dev. Serv/Plannin~ Person: RJck Gm, g Date: 7-14-98 ' Petition No. {If none. give brief de$criptionl: AV 98.015 ~~ ,'9_ ../',, ~ Petitioner- "" ....... ~ ' - -~ "~'-"--~? 11935 North Tarmami Trail Naplea. Honda 34110 -~ Name & Address of any per, on(s) to be notified by Clerk's Office: (If mom ~pace is needed, attach separate st<t) See list of abutting property ownem. ach,'enising costs: lOl.~?l~o~lO0 Division Head Heanng before :,LXX BCC BZA Other Requested Hearing date: August 4. 1998 Ba.~d on advertL~ment appeand/g l-..~s before heanne Newspapercs} to be used: {Complete only if import,anti; ."L,XX Naples Dady Ne'ers Other :C'(X Legally Rc~;u:rcd Proposed Text: {Include legal description & common Io<auon & $,ze: PETITION AV 98-015 'FO DISCLAIM, RENOUNCE ,,MND VACATE THE PUBLIC'S IN"rEP, EST IN A 15' WIDE PARCEL OF LAND CONVEYED TO COLLIER COUNTY AS A ROAD EASEMENT. RECORDED IN OFFICIAL RECORD BOOK 1518, PAGES 980 AND 981 AND BEING LOCATED IN' SECTION 2 I. TOWNS}tIP 48 SOUTH. RANGE 25 EAST, COLLIER COUNTY. FLORIDA. Companion peuuon{~}, ffany & proposed heanng date: Does Petition Fcc include advertising cost? )CLX Ye~ [] No If Yes. ahat account should be charged for List Attachments: Date Approved bv' Counp..' Nkanager Date 1 ) RcsoluUon ~vith Exhibit "A" 2) List of Abumng Propers., Owners ,DISTRIBUTION INSTRUCTIONS A. For hearin~ before BCC or BZA: Initiating pemon to complete one copy and obtain Di,dsion }lead approval before submitting to County Manager. Note: [f legal document is involved, be sure that an> necessary, leRal rex'iew, or request for same. is submitted to Count?.' Attorney before submitting to County Manager. The Manager's office will distribute copies: XXX County .Manager agenda file: ,'CXX Requesting Division XXX Original to Clerk% Office B. Other hearings: Initiating Division head to approve and subrmt onmnal lo Clerk's Office. rctainin~ a cop,. for file. - - . FOR CLERK'S OFFICE USE ONLY: 1 ~. ptu..~t~ n ~ $oc-~on 336.09 ~ 336.10. ~ S~, $otm Pa,al/ch X~t. E~i., t'or the peak:imf-r, l~r.s/~n Studio PLaza. P~rtne. r~p, does be~ rctTt~:rt t. bc: va,=at,on c~' thc rom] ea.~e~am~: XkrH:~;R.E. AS. tho 13o trd bna th~ day held · publ~: hc:m-ing to ~(~ ~ ~t r~ ~t ~ mo~ ~y~~ bcl~. ~~s~dpub~c~~wu~ as ~bylaw.~ NOW. ~FO~ E. ~ IT ~OLv~ ~ ~ ~O~ OF CO~ CO~SION~.R.~ OF COLL~ CO~, ~ ~ ~ ~ f~l~ ~ ~ Js ~ ~ DASD. AT'TIEST! DUv'IOHT E. BROCK, CIc '~ Approved a.s co fonu and 1~ ~J H~icU F. BOARD OF COLr~Fy COM2vO$S~ONF~.~ CO~ COUNTy'. FLOP-IDA BY EXHIBIT A SHEET I OF I AV 9g-015 LEGAL DESCRIPTION FIFTEEN FOOT (15.0') ROAD WIDENING EASEMENT A fifteen foot (15.0') wide road wideninc easement lying fifteen feet (15.0') West, as measured pe-~endic'~!ar tc the follcwinc described line; - COt~4ENCE at the Northwest right-of-way intersection of the Tamiami Trail, (U.S. 41) and Walkerbilt Road, Collier Ccunt¥, Flcrida; thence alcng the Wes~ right-of-way line of the Tamiami Trail (U.S. 41) ~; 0!°00'57" W 170.00 feet to ~he ~OI~ CF REGII.~ii~G of the following described line; thence ccn~inue ~; 01o00,57,, W 2S0 13 ~==~ to the POI}~ OF TE~dI~IATIO~I. ' .... EXIIIBIT C PETITIONER: DESIGN STUDIO PLAZA PARTNERSHIP, A FLORIDA GENERAL PARTNERSHIP PETITION FOR VACATION OF RQAD RIGHT-OF-WAy List of abutting and other property owners within 250 feet of proposed vacation: C.C. Development Company 868 99th Avenue North Naples, FL 34108 Parcel No. 00157481006 Gerald A. Fineis, Trustee c/o Fineis, Boyette and Holiday Constructicn Co. 2319 J & C Boulevard, Suite 5 Naples, FL 34109 Walter Bush, Jr., Trustee 5200 Malibu Drive Edina, [~; 55436 Parcel :lc. 00157160000 Parcel Nc. 00157481200 .]p3 ',.der- gn, pr:p. let (includtn~ ~ts cove~) 7£ !11111111111111111111111111111111111111111111111111111111111111 LOCX~TO~: ~ ll~IL! ~S FAX NO.: 26~8~ COH~BI~B: !111111111111111111111111111111111111111111'iii11111111111111111 022 024 FROH: '---------'--- Loctzzo,: Collie= county CoUrthouse ,, Z~ ~0: (8i]) 774-8408 P,O,Z'No: (8i3) 774-8406 16:40 oo 17E' August 6, 1998 14s. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 33940 Re: Notice of Adoption of Resolution 98-292 for Petition AV-98-015 Dear Judi: Please advertise the above referenced notice one time on Wednesday, August 12, 1998, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Ellie Hof fman, Deputy Clerk Purchase Order No. 800835 ~OTICE OF ADOPTION Notice is hereby given that on the 4th day of August, 1998, the Board of County Commissioners of Collier County, Florida, adopted Resolution 98-292, re Petition AV-98-015, pursuant to Sections 336.09 and 336.10, Florida Statutes, John Paulich, III, Esq., as agent for the petitioner, Design Studio Plaza Partnership, requesting the vacation of the public's interest in a 15' wide parcel of land conveyed to Collier County as a road easement, recorded in Official Record Book 1518, Pages 980 and 981, and being located in Section 21, Township 48 South, Range 25 East, Collier County, Florida. Resolution 98-292 may be viewed in the Office of the Clerk to the Board, Minutes & Records Department, 4th Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail Naples, Florida. BOARD OF COUNTY CO~4ISSIONERS COLLIER CO~gTY, FLORIDA BARBARA B. BERRY, CHAI~/2~2~ DWIGHT E. BROCK, CLERK By: /s/Ellie Hoffman, Deputy Clerk (SEAL) · 17E RESOLUTION NO. RESOLUTION FOR PETITION AV 98-01:5 TO DISCLAIM. RENOUNCE AND VACATE THE PUBLIC'S INTEREST IN A 1:5' WIDE PARCEL OF LAND CONVEYED TO COLLIER COUNTY AS A ROAD EASEMENT ADJACENT TO tfiGHWAY U,S. .11. AS RECORDED IN OFFICIAL RECORD BOOK 1518. PAGES 980 AND 981 AND BEING LOCATED IN SECTION 21, TOWNSIIIP 4g SOlo'HI. RANGE 25 EAST. COLLIER COUNTY, FLORIDA. WIIEREAS. pursuant to Section 336.09 and 336.10. Honda Statutes. John Paulich i!1. Esq.. as agent for thc p~itioncr. Design Studio Plaza Parmcrship. dce~ hereby request the vacation of thc abmc-dcscribcd road ca~'mcnt: and WllEREAS. thc Board has this day held a public heanng to consider vacating said road casement as more full.,,' described belmv, and notice of said public hearing to ,,acatc v,.2s given as required by law: and WI tEREAS, thc granting of the vacation ~qll not adversely afl'ecl the ownership or right o£ convenient access of other properly o~mers. NOW. THEREFORE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA. that the follmving road easement is hereby vacated: See Exhibit "A" attached hereto and incorporated herein. BE IT FURTHER RESOLVED. that the Clerk to thc Board is hereby directed to advertise thc adoption of this Resolution once in a par, er ofgcncral circulation in thc Count), ,Mthin 30 days following its adoption. BE IT FURTiIER RESOLVED. that the Clerk to thc Board is hereby directed to record a certified copy of this Resolution. the proof'or publication of the notice of public hearing and thc proof o£ publication of the notice of adoption of this Resolution in the Public Record~ of Colher County, Flor/da. This Resolution adopted after motion, second and majority vote favoring same. A'I-FEST: DWIGHT E. BROCK. Clerk Appmv~ ~ to fo~ and le~l tt~idi F. Ashton Assistant County Altom~' BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA BAR~i~ ti' B-ER R y, 'C hal rm~--~-x,~ 23 092S OR: 2452 PG: 2763 OR: 2452 PG: 2764 1 EXHIBIT A SHEET I OF I AV 98-015 LEGAL DESCRIPTION FIFTEEN FOOT (15.0') ROAD WIDENING EASEMEAVf A fifteen foot (15.0') wide road widening easement lying fifteen feet (15.0') West, as measured perpendicular to the fo!lowinc described line; - COMMENCE at the Northwest right-of-way intersection of the Tamiami Trail, (U.S. 41) and Walkerbilt Road, Collier County, Florida; thence along the ;;est right-of-way line of the Tamiami Trail {U.S. 41) N 01o00,57. W 170.00 feet to the POIb~ 0F BEGIb~ING of the following described line; thence continue N 01a00'57,, W 280 13 f==t to the POI}~ OF TE~4INATION. ' -- *** 2360927 OR: 2452 PG: 2765 *** ,1.1. 7E BOARD OF COI~TY CO~HLSSI~ERS ATTN: NANCY SALOGU~ PO BOX 413016 NAPLES FL ~4101-~016 REFERENCE: 0012~0 #800835 State of C~ty of CoLLier ~fore the ~erst~ ~t~rtty, ~r~LLy ~er~ S. ~, ~ ~ ~th ~ys t~t she aS the Assistant Cor~rate Secretary of the ;~pLes Oaity a~s, a daily n~s~r ~[ish~ at ~ptes, fn CoLLier C~nty, FLorida: t~t the attach~ ~ of ~vertt~t~ ~as ~Ltsh~ fn said n~s~r ~ dates Affiant further ,ay, t~t the said ~pLes DaiLy N~s ts a n~s~r ~Llsh~ at ~p[es, tn said Co[tfer C~ty, FLort~, ~ t~t the ~afd ~s~r ~s heretofore ~ c~tt~sLy ~Lish~ in ~id CoLLfer c~ty, F[orf~, each ~ ~ ~s ~ ~ter~ as sec~ cLass ~tter at the ~st office in NapLes, tn said ~[[ter ~ty, Ftor~, for a ~rt~ of 1 year next prec~t~ the first ~[tcatt~ of the attach~ c~ of ~vertts~nt; a~ affiant further ~s t~t she ~s nett~r ~td ~r pr~tl~ a~ ~r~, fire or c~ratt~ any di~c~t, re~te, c~tsst~ or ref~ for the ~r~e of securt~ this ~vertfs~nt for ~[tcatt~ tn the ~atd n~s~per. PUBLISHED OW: 08/12 AD SPACE: 47.000 INCH FILED ON: 08/12/98 ../ Signature of Affiant /.), /' S~orn to end Subscribed before me this ;/~-_ day of / Afftda';tt of Pubttcattofl tlapte$ DaiLy Stays BOARD Of COUNTY COfl/~[SSIOelERS ATTN: NAtdCY SALOGU~ PO BOX &13016 NAPLES FL 34101-3016 REFER£NCE: 0012~0 #80]277 57T22~66 t~TICE OF PUeLIC HEA State of Florida County of Collier Before the uflderstgned authority, personally al~eared B. Lad% ~o off oath says that she serves as the Assistant Corporate Secretary of the Uaples DaiLy Ne~s, a daily newspaper pubLished at tMptes, in CotLter County, Florida: that the attached cos~/ of advertising ~as published tn said ne~spaber off dates listed. Affiant further says that the said Haples 0atLy Nays is a nevspaper published at Naples, in said CoLLier County, FLorida, and that the said newspaper has heretofore been continuously puLL?shed in said CoLtter County, FLorida, each day and has been entered as second ctass nail natter at the post office in Naptes, tn said CoLLier County, FLorida, for a period of 1 year next preceding the first pubLtcat?on of the attached co~y of adverttseeent; end affiant further says that she has neither pa~d nor proelsed any person, firm or coporatton any discount, rebate, com. tsston or refund for the purpose of securing this ad~erttsenent for publication ?n the said nevspaper. PU8LZSHED Off: 07/19 A0 SPACE: 92.000 Z~CH FILED Off: 07/20/98 Signature of Affiant ',, Svorn to and Subscribed before Be this ~ PersonaLly knovn by ne , . ~/~/ // heorlflg cia T~AY, A~T 4, 1~, ~ ~ ~ Tr~, ~ F~ ~1, R~ ~ ~ ~e exlstl~ S~ucture, ~, Tr~ ~ 67~ ~ ~ NOTE:' All persons ~ o Persons wishing ~ ~d~ ~ore- ~ ~, ~ r~d D OF ~S COLLIER COUNTY, BARBARA B. KRRY, DWIGHT E. BROCK. B~/~ ~ ~, j 19 ~, 1~243 ~ OF PAGES . ___~ (including this cover) !!i!ii!11111111111111111111111111111111111111111111111111111111 TO: LOCATION: K~"LES DAILY NE~S FAX NO.: 263-4864 com~zw~s: m~: ~-~,..~ !i!ili1111111111111111111111111111111111111'11111111111111111111 FROM: ~ ELLIE HOFFMAN -MINUTES & RECORDS LOCATION: Collier County Courthouse FAX NO: (813) 774-8408 PHONE'NO: (813) 774-8406 :49 ~0~O2' IJ ~ · ~ ~02'11 L__~926~486~ ate uent: June 30, 1998 I~s. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Notice of Public Hearing to Consider Petition NUA-98-1 Dear Judi: Please advertise the above referenced notice one time on Sunday, July 19, 1998, and send the Affidavit of Publication, in duplicate, together with charges involved to this office. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure Purchase Order No. 803277 NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County, will hold a public hearing on TUESDAY, AUGUST 4, ]998, in the Boardroom, 3rd Floor, A~ministration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The Board will consider Petition NUA-98-1, Rayburn C. Cramer requesting the alteration of a non- conforming hunting cabin in the Conservation District by enlarging the existing structure, adding accessory structures and fencing, on property located within the Big Cypress National Preserve, Tract Number 670-83 ~ , ~u, ther described as N3/5 of W1/2 of NE1/4 of SE1/4 of ~';1/4 of Section 12, To~0~ship 52 South, Range 32 East, Collier County, Florida. NOTE: Ail persons wishing to speak on any agenda item muss regis'~3r with the County a~inistrator prior to presentation of the agenda to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson : ~ ,o. a Group or organization may be allotted i0 minutes speak on an item. Persons wishing to have written or graphic materials included in th,3 Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written material~ intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY CO/~4ISSIONERS COLLIER CO~;TY, FLORIDA BARBARA B. BERRY, CHAI~4A2.~ DWIGHT E. BROCK, CLERK BY: /s/Ellie Hoffman, Deputy Clerk (SEAL) June 30, 1998 Mr. Rayburn C. Cramer Post Office Box 890 Key Largo, FL 33037 Re: Notice of Public Hearing to consider Petition Dear Petitioner: Please be advised that tke above referenced petition will be considered by the Board of County Commissioners on Tuesday, August 4, 1998, as indicated on the enclosed notice. The notice pertaining to this petition will be published in Naples Daily Mews on Sunday, July 19, 1998. You are invited to attend this public hearing. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure ~ I I IIIIII III IIII IIIIII ' IIIIIII IIIII IIIII I II III III I I I ~ COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC IIEARINGS To: Clerk to the Board: Please place the following a.~ a: ."CXX Normal legal Advcrtisemcnt (Display Ad,,'.. location, crc.) [] Othcr: Originating Dc'pC Diva Comm. De,'.Serv./Planning Date: Petition No. (If none. give brief description): NYA-g8-1 Petitioner: (Name & Address): Ra'~'burn C. Cramcr. PO Box Ego. Kev l.,ar~o, FL 33037 Name & Address of any person{s) to bc notified by Clerk's Office: (If more space is needed, attach separate sheet) Hearing before Bce XXX BZA Oilier aVS NexvspaperCs) to be used: {Complete only if important }: XXX Naples Daily No~s other I-'] Legally Rcqmred Proposed Texl: (Include legal descriplion & common location & Size: Petition No, NUA-gR-I, Ra~.burn a. lleration ora non-conforming huntin~ cabin in thc Consep,'ali0n Dililrict bY enlarging the exisling slructure, adding accessor,r, structures and fcncinv.. On orooertv located within tile Bie Cvoress National Preserve. Tract Number 670-R3, further described as [5/:5 ofW 9~ ~)fNE ~A 0fSE % ofNW % of Section 12, T(nvnshio 32 South. Ranl~¢ 32 EasL Collier C~)unty, Florida. Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost7 ~ [] No If Yes, ~vhat account should be charged for advertising costs: "'p.o. . Division Head 12~tc County Manager Datc List Auachmcnls; DISTRIBUTION INSTRUCTIONS For hearings before BCC or BZA: Initiating pcr~on to complete one coy and obtain Division llcad approval before submitting to Count.,,' ,Manager. Note: If legal document is invoh'ed, be sure that any necessar-,',legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager s office w'ill dislribute cop~es: [] County Manager agenda file: to Clerk'~ Office 11] Reque.~ting Di~qlsion [-'] Original B. Other hearings: lniLiating Division head to approve and submit original lo Clerk's Office, retaining a copy for file. FOR CLERK'S OFFICE USE ONLY: Date Ii ''~ :I ~ / f?~ Date of Public hear/ng: . Z/f/j~ I Date Advertised: RESOLUTION NO. 98- RELATING TO PETITION :;UMBER NUA-98-1, FOR A ~;ON-CONFORMING USE ALTEPATiON ON PROPERTY H-..~-..]AFT.R DESCRIBED iN COLLIER .COUNTY, FLORIDA. WHEREAS, the Legislature Df the State of Florida in Chapter 125, Flcrlda Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public, and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance ::o. 91-1Ot) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of requests for non-conforming use alterations, and WHEREAS, the Board cf Zoning Appeals, being the duly elected constituted board cf the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a hunting cabin, by enlarging the existing structure, adding accessory structures and fencing, as shown on the attached plot plan, Exhibit "A" in a CON-ACSC/ST Zone for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 1.8.19.4 of the Land Development Code for the unincorporated area of Collier County, and WHEREAS, ail interested parties have been given opportunity to be heard by this Soard in public meeting assembled and the Board having considered all matters presented, :;OW THEREFORE BE IT ~ESOLVED BY THE BOARD OF ZONING APPEALS of Collier County, E!orida, that: The ~etition NUA-98-1 filed by Rayburn C. Cramer, property owner, with respect to the property hereinafter described as: EXHIBIT "B" be and the same hereby is approved for non-conforming hunting cabin by enlarging the existing structure, adding accessory structures and -1- fencing as shcwn cn the attached plot plan, Exhibit "A" of the CON- .......... ng Dissrict wherein sald property is located. RE iT PESOLVED that this Resolution rela:ing to Petition t.lumber NUA-9@-i ke recorded in the minutes of this Board. This Pesoluticn adopted after motion, second and majority 'tote. 2cne this ~ay of , 19)5. ATTEST: DWIGHT E. 5PCCM, Clerk BOARD OF ZONI[~G APPEALS COLLIER COUNTY, FLORIDA BARBAP~% B. BERRY, Chairman Appr$';e~ as %o Form and Legal Sufficiency: Marjcr~e :<. Student Assistant Czunty Attorney -2- · Track 670-83 · Big Cypress National Preserve Rayburn C. Cramer, Owner 160' , II I 4' Tall Fence of Hog Wire t East Fence Posts are 8' on center Fence Posts of 6" Lighter Pine 3 Gates - 1 @ 4', 2 @ 10' Pole Barn ..... Proposed Existing Porch House ~,West ,-., Watertower ' ' Shed i--I Outhouse Scale: ~"'-"~ = 10' :D EXHIBIT "A" Exhibit "B" '"T !~ _i73'_; ._' ........ . _--~ .. RESOLUTION NO. 98-.29~' RELATING TO PETITION NUMBER NUA-98-1, FOR A I:ON-CONFORMING USE ALTERATION Ot~ PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public, and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance ~:o. 91-102) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of requests for non-conforming use alterations, and WHEREAS, the Board of Zoning Appeals, being the duly elected constituted board cf the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a hunting cabin, by enlarging the existing structure, adding accessory structures and fencing, as shown on the attached plot plan, Exhibit "A" in a CO[;-ACSC/ST Zone for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matte:s required by said regulations and in accordance with Subsection 1.8.10.4 of the Land Development Code for the unincorporated area of Collier County, and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled and the Board having considered all matters presented, NOW THEREFORE BE IT RESOLVED BY THE BOARD OF ZONING APPEALS of Collier County, Florida, that: The Petition ::UA-98-1 filed by Rayburn C. Cramer, property owner, with respect to the prcperty hereinafter described as: EXHIBIT "B" be and the same hereby is approved for non-conforming hunting cabin by enlarging the existing structure, adding accessory structures and ' fencing as shown on the attached plot plan, Exhibit "A" of the CON- ACSC/ST Zoning District wherein said property is located. BE IT PESOLVED that this Resolution relating to Petition Number NUA-98-1 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done :his ~' day cf /'~z~='-~_ , ATTEST: DWIGHT E. BROCK, Clerk EOARD OF ZO!';IMG APPEALS COLLIER COUNTY, FLORIDA BASRA Bo ~ERP.'~, Cha~rma~ App',roved as to Form and LelJal Sufficiency: Marjor~e 14. Student Assistant County Attorney -2- Track 670-83 Big. Cypress National Preserve Rayburn C. Cramer, Owner I?F', 160'- '~ East 4' Tall Fence of Hog Wire Fence Posts are 8' on center Fence Posts of 6" Lighter Pine 3 Gates- 1 @ 4', 2 @ 10' ) I I 1 I O I ; Barn Proposed Existing Scale: ~'~ = 10' Porch House West ,.., Watertower ' ' Shed F'l Outhouse o o la, Exhibit